HomeMy WebLinkAbout052-O-22 Amending City Code Title 6, “Zoning” to Remove References to the Plan Commission and Zoning Board of Appeals and to Include Reference to the Land Use Commission52-0-22
06/13/22
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AN ORDINANCE
Amending City Code Title 6, "Zoning" to Remove References to the
Plan Commission and Zoning Board of Appeals and to Include
Reference to the Land Use Commission
WHEREAS, on October 15, 2021, the Evanston Council approved
Ordinance 92-0-21, codifying the Land Use Commission as replacing the Evanston
Zoning Board of Appeals and the Evanston Plan Commission, and
WHEREAS, Title 6, "Zoning" of the Evanston City Code must be amended
to further codify the change from the Zoning Board of Appeals and the Plan
Commission to the Land Use Commission, and
WHEREAS, the Evanston City Council finds that it is in the best interest of
the City to codify these changes.
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: City Code Section 6-3-1-1 "Authority" of the Evanston City
Code of 2012, as amended, is hereby further amended as follows:
6-3-1-1. AUTHORITY.
The following City offices and bodies have responsibility for implementing and
administering this Ordinance:
(A) Zoning Administrator.
(B) Design and Project Review Committee.
(C) Plan Commicr✓sn-Land Use Commission
(D) Zoning Board of Appeals.
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�E+LDJ City Council.
SECTION 2: City Code Section 6-3-1-2 "Zoning Administrator" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-1-2. ZONING ADMINISTRATOR.
The responsibilities of the Zoning Administrator are to:
(A) Administer the zoning ordinance, including the maintenance of all records, home
occupation permits, fence permits, certificates of approval of a dwelling unit
occupied by a type (D) family, and the issuance of certificates of zoning
compliance.
(B) Forward any application for appeal from any order or final decision of an office,
department, Commission or bureau of the City to the appropriate hearing body.
(C) Forward any application for major variation and any combined application for major
and minor variation to the ZGRORg Beard of Appea Land Use Commission.
(D) Review and forward with his recommendation an application for a family necessity
variation to the ZGR;Rg Beard of nppealo Land Use Commission pursuant to
Section 6-3-8.
(E) Receive and process any application for amendment, planned development and
unique use, and forward it to the PlaR r`^„-,MOSSO ,n Land Use Commission for its
recommendation to the City Council.
(F) Receive and process any application for special use and forward it, except in the
case of a planned development application, to the ZGRi g Beard of Appeals- Land
Use Commission for its recommendation to the City Council.
(G) Grant or deny administratively any application for a minor variation and any
application for a fence variation pursuant to Section 6-3-8.
(H) Render interpretations of the provisions of this Ordinance, including use
interpretations, pursuant to Section 6-3-9.
(1) Enforce the Zoning Ordinance.
SECTION 3: City Code Section 6-3-1-3 "Design and Project Review
(DAPR) Committee" of the Evanston City Code of 2012, as amended, is hereby further
amended as follows:
6-3-1-3. DESIGN AND PROJECT REVIEW (DAPR) COMMITTEE.
The Design and Project Review Committee is responsible for all site plan reviews
authorized pursuant to the provisions of the separate Design and Project Review
Ordinance, Ordinance No. 50-0-14, as amended. (A copy of Ordinance No. 50-0-14 is
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included in Appendix E of this Ordinance.) Aspects which DAPR addresses in specified
zoning districts include, but are not limited to:
(A) Building and structure location.
(B) Building design and appearance.
(C) Landscaping.
(D) Graphics and signage.
(E) Circulation.
(F) Parking areas and lots.
(G) Open space.
(H) Site illumination.
(1) Preservation.
(J) Completeness.
(K) Compliance with all other applicable codes.
DAPR decisions may be appealed pursuant to Section 4-14-9 of this Code.
SECTION 4: City Code Section 6-3-1-4 "Zoning Board of Appeals" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
Apprevo, approve .. .ve any appliGatien fer majorvariation,
t / me-jer and MOROF variation t
• 8XGept when- 1 OppliGation pwtainc to . .larking and leading for
uses ether thaR SiRgle family and two family residc\ntiPl, cn,i! fifty (51.11)
ation pertaining to off street parking and leading for all uces ethor than
single family and twe family residL\nti@1 end height beyeRd fifty / feet t / •
•
izRu liis i
Old
110
Vow 1111
/ - ...
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(F) Hear and deGide any appeal frern any order or final deGisien made by the Zening
Admini&at9r
and FeGGMMeRdatiGR Of the DeGigR and - --
SECTION 5: City Code Section 6-3-1-5 "Plan Commission" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
Th�onoibilitias of tho Plan oommiooiaR are te
Review,
amendmont, planRed use.
r=_a
refeFeRGed by the .. Rg OrdinanGe, and to the Zoning. .
inanGe itself.
Review,
appliGatiGR40rplanned --
SECTION 6: City Code Section 6-3-4-4 "Requirements for Amendment
Petitions" of the Evanston City Code of 2012, as amended, is hereby further amended
as follows:
6-3-4-4. REQUIREMENTS FOR AMENDMENT PETITIONS.
Petitions for amendment to the Zoning Ordinance, shall be in such form and
accompanied by such information as shall be prescribed, from time to time, by the Pan
Sommicr✓9Land Use Commission and as listed in Section 1 of Appendix D,
"Submission Requirements for Amendment Petitions."
SECTION 7: City Code Section 6-3-4-5 "Standard for Amendments" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
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6-3-4-5. STANDARD FOR AMENDMENTS.
The wisdom of amending the text of the Zoning Ordinance or the Zoning Map is a
matter committed to the sound legislative discretion of the City Council and is not
controlled by any one standard. In making their determination, however, the City
Council should, in determining whether to adopt or deny, or to adopt some modification
of the Plan Commission Land Use Commission's recommendation consider, among
other factors, the following:
(A) Whether the proposed amendment is consistent with the goals, objectives, and
policies of the Comprehensive General Plan, as adopted and amended from
time to time by the City Council.
(B) Whether the proposed amendment is compatible with the overall character of
existing development in the immediate vicinity of the subject property.
(C) Whether the proposed amendment will have an adverse effect on the value of
adjacent properties.
(D) The adequacy of public facilities and services.
SECTION 8: City Code Section 6-3-4-6 "Procedure for Review and
Decision of Proposed Amendments" of the Evanston City Code of 2012, as amended, is
hereby further amended as follows:
6-3-4-6. PROCEDURE FOR REVIEW AND DECISION OF PROPOSED
AMENDMENTS.
A petition to amend the text of the Zoning Ordinance or the Zoning Map shall be
processed in accordance with the following procedures:
(A) Public Hearing: After the filing of a petition for amendment in proper form, the
Zoning Administrator shall set a date for a public hearing.
(B) General Notice of Public Hearing: Notice of the public hearing required by
Subsection 6-3-4-6(A) shall be given by the Zoning Administrator by one (1)
publication in one (1) or more newspapers of general circulation within the
municipality. Notice shall be published a minimum of fifteen (15) days prior to
the hearing date and a maximum of thirty (30) days prior to the hearing date.
Such notice shall be sufficient notice for the initial hearing, as well as any
continuances of the same hearing, if any.
(C) Mailed Notices Required for Redistricting or Rezoning: The City will provide
notice, through the use of a third party service, by first class mail to all owners
of property within a five hundred (500) foot radius of the property lines of the
subject property, inclusive of public roads, streets, alleys and other public ways
from the area proposed to be rezoned or redistricted whose addresses appear
on the current tax assessment list as provided by the City. The applicant must
pay any and all fees and postage associated with mailing such notice pursuant
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to this Section. The City reserves the right to provide the aforementioned
notice by first class mail where the Zoning Administrator finds it necessary. The
failure of delivery of such notice, however, shall not invalidate any such
amendment. In addition, a sign must be posted on the property for a minimum
of ten (10) working days prior to the public hearing indicating the place, time
and date of the hearing. Such notice is sufficient notice for the initial hearing,
as well as any continuances of the same hearing, if any.
(D) Content of Published and Mailed Notices: Published and mailed notices shall
contain the time, date, and place of the public hearing and, in addition, shall
include all of the information listed in Section 2 of Appendix D, of this
Ordinance, "Submission Requirements for Published and Mailed Notices for
Proposed Amendments."
(E) PlaR Commission Land Use Commission Action: Upon receipt of the petition
with the copy of the proposed text and map changes, the PlaR SommiWiaR
Land Use Commission shall hold a public hearing scheduled pursuant to
Subsection 6-3-4-6(A). Within thirty (30) days after the hearing is closed, the
Commission shall recommend the approval or denial of the proposed
amendment, or the approval of the amendment with modifications, and shall
then submit its written recommendation, together with the petition for the text
and/or map change, to the City Council.
(F) City Council Action: The City Council shall either adopt or reject the
recommendation of the Plan Commicr✓sr+Land Use Commission or adopt
some modification of the recommendation of the plan Commission Land Use
Commission. Except as provided in Section 6-3-4-7, no amendment to the
Zoning Ordinance shall be adopted except by a vote of the majority of the
Council.
(G) Continued Hearings or Meetings: In the instance a hearing or meeting is
continued to a date certain, the date and time of the continued hearing or
meeting shall be announced at the time and place of the hearing being
continued, and the continued hearing's notice requirements shall be deemed
satisfied. If for any reason the continued hearing or meeting date or time needs
to be changed, the Zoning Administrator shall, in his or her best effort, provide
the public with the new date and time of the continued hearing by:
1. Posting the continued meeting or hearing notice at the Civic Center; and
2. Posting the continued meeting or hearing notice on the City's website.
Failure to provide such notice, however, shall not invalidate any such
continued hearing or meeting.
(H) In the event a quorum is not present for the initial meeting or a continued
meeting, a majority of the board or commission members present may
reschedule the meeting to a new date and time. No additional publication or
mailing notice will be required for as provided in Section 6-3-4-6(G).
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SECTION 9: City Code Section 6-3-4-7 "Opposition to Amendment" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-4-7. OPPOSITION TO AMENDMENT.
If prior to the close of a PlaR �'^rr,rv,iooi�n Land Use Commission hearing held
pursuant to Subsection 6-3-4-6(E), a written protest against any proposed map
amendment, signed and acknowledged by thirty percent (30%) of the owners of
property whose lot lines are located within five hundred (500) feet of the boundary of the
area to be amended, inclusive of public rights of way, is filed with the City Clerk,
passage of the amendment shall require a favorable vote of three -fourths (3/4) of all the
Aldermen elected to the City Council.
SECTION 10: City Code Section 6-3-4-8 "Coordinated Review and
Approval of an Amendment and Special Use and/or Variation" of the Evanston City
Code of 2012, as amended, is hereby further amended as follows:
[:�-ff:11 0161191 N QIkiF_1194oil SAT/IATi%1z1I7_1»:Z91V_1 We] y_1►I_1►Y,14kiIQlvi1=1►11r_1►1lf�
SPECIAL USE AND/OR VARIATION.
Whenever, in conjunction with a petition for an amendment to the Zoning
Ordinance, an applicant files an application(s) for a special use and/or a variation, such
applications may be combined and reviewed simultaneously. A jei # meeting of the Wa-a
Sommicf✓^n and the Zoning Board of oppe Land Use Commission shall be held to
hear the combined applications. At conclusion of the joint public hearing each reviewing
body shall forward its recommendation to the City Council within a maximum of thirty
(30) calendar days. The City Council may also combine the applications and review
them simultaneously. Before any action is taken on the special use or a variation, as the
case may be, the City Council shall first act to approve, approve with modifications or
disapprove the petition for amendment of the Zoning Ordinance.
SECTION 11: City Code Section 6-3-5-7 "Review Procedure;
Recommendation" of the Evanston City Code of 2012, as amended, is hereby further
amended as follows:
6-3-5-7. REVIEW PROCEDURE; RECOMMENDATION.
(A) Review Procedure: After determining that the special use application is complete
pursuant to Section 6-3-3-1, the Zoning Administrator shall prepare and forward his
written recommendation accompanied by the Design and Project Review
Committee's written report to the Plan Gommicr✓9-n-Land Use Commissionhe
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nave of planned deyelepgmaontc, and to �i`nning Board of Anneals for all other
aZ� � cars�vr-a-rrvrrrcr
Gategeries of Sp8Gial „. At the same time, the Zoning Administrator shall, in the
case of a planned development, cause notice of a public hearing before the P4a_R
Sommiooiar+Land Use Commission to be published pursuant to Section 6-3-6-8. In
the case of all other special uses, the Zoning Administrator shall cause notice of a
public hearing before the'e^iRg BeaFd of Appeal& Land Use Commission to be
published not more than thirty (30) days nor less than fifteen (15) days before the
date of the hearing. In addition, a sign shall be posted on the property for a
minimum of ten (10) working days prior to the public hearing indicating the place,
time and date of the hearing.
(B) General Notice of Public Hearing: In the case of a planned development, notice of
the public hearing required by Subsection 6-3-5-7(A) shall be given by the Zoning
Administrator pursuant to Section 6-3-6-8. In the case of all other special uses, the
Zoning Administrator shall cause notice of a public hearing before the Ze^in^ Bear-
of °vrAppeals-Land Use Commission to be published not more than thirty (30) days
nor less than fifteen (15) days before the date of the hearing. In addition, a sign
shall be posted on the property for a minimum of ten (10) working days prior to the
public hearing indicating the place, time and date of the hearing. Such notice shall
be sufficient notice for the initial hearing. Subsequent notices are not required for
continuances of a hearing, if any.
(C) Mailed Notices Required: The City will provide notice, through the use of a third
party service, by first class mail to all owners of property within a five hundred (500)
foot radius of the property lines of the subject property, inclusive of public roads,
streets, alleys and other public ways whose addresses appear on the current tax
assessment list as provided by the City. The applicant must pay any and all fees
and postage associated with mailing such notice pursuant to this Section. The City
reserves the right to provide the aforementioned notice by first class mail where the
Zoning Administrator finds it necessary. The failure of delivery of such notice,
however, does not invalidate any such amendment. Such notice is sufficient notice
for the initial hearing. Subsequent notices are not required for continuances of a
hearing, if any.
(D) Content of Published and Mailed Notices: Published and mailed notices shall
contain the time, date, and place of the public hearing. Additionally, the published
and mailed notices shall contain the following:
(a) A statement indicating that the petition is a request for special use approval;
(b) The address of the subject property requesting the special use;
(c) The current zoning classification of the property requesting the special use;
(d) The time and place where the petition proposing to amend the Zoning
Ordinance will be available for examination for a period of at least ten (10)
days prior to the public hearing;
(e) The name of the person responsible for giving notice of the public hearing by
publication or by mail, or by publication and mail;
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(f) Any other information requested by the commission or beard, as the case may
be; and
(g) A statement that after the conclusion of the hearing the matter will be
submitted to the City Council for its action.
(E) Recommendations: All written recommendations and reports forwarded by the
Zoning Administrator shall be considered at the public hearing. At the conclusion of
the public hearing, the commission or board, as the case may be, shall
recommend, based on written findings of fact, that the council: 1) approve the
special use; 2) approve the special use subject to conditions; or 3) deny the special
use.
(F) Continued Hearings or Meetings: In the instance a hearing or meeting is continued
to a date certain, the date and time of the continued hearing or meeting shall be
announced at the time and place of the hearing being continued, and the continued
hearing's notice requirements shall be deemed satisfied. If for any reason the
continued hearing or meeting date or time needs to be changed, the Zoning
Administrator shall, in his or her best effort, provide the public with the new date
and time of the continued hearing by:
1. Posting the continued meeting or hearing notice at the Civic Center; and
2. Posting the continued meeting or hearing notice on the City's website.
Failure to provide such notice, however, shall not invalidate any such continued hearing
or meeting.
(G) In the event a quorum is not present for the initial meeting or a continued meeting,
a majority of the beano commission members present may reschedule the
meeting to a new date and time. No additional mailed or published notices shall be
required for meetings continued as provided in Section 6-3-5-7(F).
SECTION 12: City Code Section 6-3-5-8 "Council Decision" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-5-8. COUNCIL DECISION.
Upon receipt of the recommendation of the Plan GGMMiooiGR „r the Zoning BeaF-1
of °appears Land Use Commission as the Gass may be, the City Council shall either
approve the special use, approve the special use subject to conditions, or deny the
special use.
SECTION 13: City Code Section 6-3-5-9 "Coordinated Review and
Approval of a Special Use and Variation" of the Evanston City Code of 2012, as
amended, is hereby further amended as follows:
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6-3-5-9. COORDINATED REVIEW AND APPROVAL OF A SPECIAL USE AND
VARIATION.
(A) Whenever in conjunction with an application for a special use an applicant files an
application for a variation pursuant to Section 6-3-8 of this Chapter, the Zening
BeaFd of Appeals Land Use Commission shall combine the applications and review
them simultaneously. The City Council may also combine the applications and
review them simultaneously. Before any action is taken on the special use however,
the City Council shall first act to approve, approve with conditions or disapprove the
application for the special use.
(B) This Section shall not apply to applications for planned developments. The
approval of a variation in combination with a planned development is expressly
prohibited.
SECTION 14: City Code Section 6-3-5-10 "Standards for Special uses" of
the Evanston City Code of 2012, as amended, is hereby further amended as follows:
The %oniRg Board of Appeals or tho Plan Cen4missiwn, ao the Gase may ho Land
Use Commission, shall only recommend approval, approval with conditions, or
disapproval of a special use based upon written findings of fact with regard to each of
the standards set forth below and, where applicable, any special standards for specific
uses set forth in the provisions of a specific zoning district:
(A) It is one of the special uses specifically listed in the zoning ordinance;
(B) It is in keeping with purposes and policies of the adopted comprehensive
general plan and the zoning ordinance as amended from time to time;
(C) It will not cause a negative cumulative effect, when its effect is considered in
conjunction with the cumulative effect of various special uses of all types on
the immediate neighborhood and the effect of the proposed type of special use
upon the City as a whole;
(D) It does not interfere with or diminish the value of property in the neighborhood;
(E) It can be adequately served by public facilities and services;
(F) It does not cause undue traffic congestion;
(G) It preserves significant historical and architectural resources;
(H) It preserves significant natural and environmental features; and
(1) It complies with all other applicable regulations of the district in which it is
located and other applicable ordinances, except to the extent such regulations
have been modified through the planned development process or the grant of a
variation.
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SECTION 15: City Code Section 6-3-5-11 "Additional Standards for a
Special Use for Transitional Shelters" of the Evanston City Code of 2012, as amended,
is hereby further amended as follows:
6-3-5-11. ADDITIONAL STANDARDS FOR A SPECIAL USE FOR TRANSITIONAL
SHELTERS:
(A) Based on evidence presented by the applicant, and any other evidence, the
Board of Appeals Land Use Commission may find that: 1) there exists a public
need in Evanston for a transitional shelter at a given location; and 2) the property
line for the proposed transitional shelter is not within one thousand (1,000) feet of
the property line of an existing transitional shelter. The ZGRiRg Beard of Appeal&
Land Use Commission shall determine the minimum number of beds which the
applicant is to provide as a preference for those with a relationship to Evanston
based on prior residence or employment in Evanston.
(B) Unless otherwise restricted by the special use permit, such restrictions, based upon
the ZORORg Beard of Appeaw Land Use Commissions' determination of public need
and other special use standards, the maximum number of occupants permitted to
remain in any such shelter shall be determined by the applicable requirements of
the adopted building code, but in no case shall exceed thirty (30) occupants
(subject to requirements set forth in Subsection (A) of this Section).
(C) In conjunction with the special use authorizing a transitional shelter, the owner or
operator of a transitional shelter shall be required to obtain a license for the
operation of a transitional shelter from the health and human services department
of the City. The license shall be granted for a period of one (1) year commencing on
the date of issuance. Thereafter, the license may be renewed for a one (1) year
period subject to a review and determination by the health and human services
department.
SECTION 16: City Code Section 6-3-5-12 "Conditions on Special Uses" of
the Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-5-12. CONDITIONS ON SPECIAL USES.
The City Council, upon recommendation of the Zening Beard of Appeals or the
Dion ('e mmmssmeR Land Use Commission, in the case of planned developments, may
impose such conditions and limitations concerning use, construction, character,
location, landscaping, screening, parking and other matters relating to the purposes and
objectives of this Ordinance upon the premises benefited by a special use as may be
necessary or appropriate to prevent or minimize adverse effects upon other property
and improvements in the vicinity of the subject property or upon public facilities and
services. However, such conditions shall not be used as a device to authorize as a
special use that which is intended to be temporary in nature. Such conditions shall be
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expressly set forth in the ordinance granting the special use permit. Violation of any
such condition or limitation shall be a violation of this Ordinance and shall constitute
grounds for revocation of the special use permit pursuant to Section 6-3-10-6 of this
Chapter.
SECTION 17: City Code Section 6-3-5-16 "Administrative Review Uses" of
the Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-5-16. ADMINISTRATIVE REVIEW USES.
(A) Purpose. Administrative review uses are commonly sought in non-residential
districts but, because of their potential adverse impact upon the immediate
neighborhood and the City, as a whole, require a greater degree of scrutiny and
review of site characteristics and impacts to determine their suitability in a given
location. As such, the determination of administrative review uses as appropriate
shall be contingent upon their meeting a set of specific standards pursuant to
Section 6-3-5-16(J) "Standards for Administrative Review Uses" and the weighing,
in each case, the public need and benefit against the local impact, giving effect to
the proposals of the applicant for ameliorating adverse impacts through special site
planning and development techniques based on the common guiding conditions
pursuant to Section 6-3-5-16(H) "Conditions", and additional conditions as may be
necessary or appropriate.
Administrative review uses are intended to provide appropriate scrutiny for the
Zoning Administrator, Community Development Director, and City Manager or
his/her/their designee to determine if a specific use in a given location is consistent with
the City's goals and policies and designate approval with conditions, denial, or defer to
the special use process for a public hearing with public notification and a final
determination by the City Council.
(B) Applicable Uses.
1. Applicable uses shall be listed as administrative review uses in the underlying
zoning district and/or overlay district.
2. All administrative review uses may process as a special use in the underlying
zoning district and/or overlay district if the determination by the Zoning
Administrator, Community Development Director, and City Manager or
his/her/their designee is any one of the following:
a. Deferral of the use to the special use process.
b. Denial of the administrative review use.
c. Appeal of an administrative review use that is approved with conditions.
3. When any administrative review use is processed as a special use, applicable
fees shall include the application and mailing fees associated with the special
use process pursuant to Section 6-3-5 "Special Uses".
(C) Combined Applications Prohibited. Whenever in conjunction with an application for
a special use, major variation, amendment, unique use, planned development, or
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any other form of zoning relief requiring a final determination by the Zening Board
of Appeals Land Use Commission or the City Council, an administrative review use
is expressly prohibited and shall instead process as a special use with a final
determination by the City Council pursuant to Section 6-3-5 "Special Uses".
SECTION 18: City Code Section 6-3-5-17 "Rights of Applicants and
Affected Property Owners at Hearings on Special Uses" of the Evanston City Code of
2012, as amended, is hereby further amended as follows:
6-3-5-17. RIGHTS OF APPLICANTS AND AFFECTED PROPERTY OWNERS AT
HEARINGS ON SPECIAL USES.
(A) Applicants for a special use (exclusive of planned developments) and owners of
property within a five hundred (500) foot radius of the subject property, inclusive of
public roads, streets, alleys and other public ways, shall have the following rights, in
addition to any others they may possess by law, at any special use hearing before
the ZeRiRg Board „f nppeais Land Use Commission:
1. To inspect all documents and material submitted as part of the application for
the special use prior to the hearing.
2. To reasonably examine all witnesses testifying.
3. To present witnesses on their behalf.
(B) Eligible property owners, as set forth above, who wish to object shall, upon written
request, be granted one (1) continuance for the purpose of presenting evidence to
rebut testimony given by the applicant. The date of such continued hearing shall be
at the discretion of the beard Commission.
SECTION 19: City Code Section 6-3-6-1 "Purpose Statement" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-6-1. PURPOSE STATEMENT.
Planned developments are a type of special use that is intended to encourage the
efficient use of land and resources, to promote greater efficiency in public and utility
services and to encourage innovation in the planning and building of all types of
development. A planned development may be approved by the City Council following
review and recommendation by the RlaR Commiooion Land Use Commission .
SECTION 20: City Code Section 6-3-6-5 "Site Development Allowances"
of the Evanston City Code of 2012, as amended, is hereby further amended as follows:
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6-3-6-5. SITE DEVELOPMENT ALLOWANCES.
Subject to the specific standards and limitations established for planned
developments in each zoning district, the PIaR G^mmOcci^^ Land Use Commission may
recommend approval of, and the City Council may grant, site development allowances
for a planned development relative to the following features affecting bulk and density:
(A) Floor Area Ratio: The overall floor area ratio of a planned development may
exceed the maximum floor area ratio otherwise permitted in the zoning district.
(B) Height: The maximum height permitted in the zoning districts may be increased
in connection with a planned development.
(C) Location And Placement Of Buildings: The location and placement of buildings
may vary from the requirements of the underlying regulations, provided,
however, that such allowances are in harmony with surrounding development.
(D) Off Street Parking And Loading: The number and location of off street parking
and loading may vary from the requirements of this Ordinance.
(E) Number Of Dwelling Units: Increases may be granted in the number of dwelling
units per lot area over that otherwise permitted in the underlying zoning district
as an incentive for providing the benefits of a planned development.
(F) Building Lot Coverage: Increase may be granted in the maximum building lot
coverage over that otherwise permitted in the underlying zoning district as an
incentive for providing the benefits of a planned development.
(G) Impervious Surface Coverage: Increase may be granted in the maximum
allowed impervious surface coverage over that otherwise permitted in the
underlying zoning district as an incentive for providing the benefits of a planned
development.
SECTION 21: City Code Section 6-3-6-6 "Authority to Exceed Site
Development Allowances" of the Evanston City Code of 2012, as amended, is hereby
further amended as follows:
6-3-6-6. AUTHORITY TO EXCEED SITE DEVELOPMENT ALLOWANCES.
The City Council may, upon the recommendation of the plan Land
Use Commission, approve a modification to a site development allowance in excess of
that established in a zoning district, provided the City Council shall first make a written
finding of fact that the modification is essential to achieve one (1) or more of the public
benefits described in Section 6-3-6-3 of this Chapter. Approval of the modification shall
require a favorable vote of two-thirds (%) of the aldermen elected to the City Council,
except where a majority vote is allowed per Section 5-7-13 of the City Code.
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SECTION 22: City Code Section 6-3-6-7 "Application Procedure" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-6-7. APPLICATION PROCEDURE.
(A) Pre -Application Conference: Prior to submitting a planned development application
for approval, an applicant shall meet with the Zoning Administrator or his or her
designee, the chairman of the PlaR Land Use Commission and the
Alderman of the ward in which the proposed planned development is located, or
their designees in conjunction with the Design and Project Review Committee
(DAPR). Where applicable, a representative of the Preservation Commission shall
be present. The purpose of the conference is to enable the applicant to present the
concept of the proposed planned development and to discuss the procedures and
standards for planned development approval. The pre -application conference is
intended to facilitate the filing and consideration of a complete application and no
representation made by the Zoning Administrator, the DAPR or the representative
of the Preservation Commission or PlaR C^mm;SS;^n Land Use Commission during
such conference or at any other time shall be binding upon the City with respect to
the application subsequently submitted. The Zoning Administrator shall schedule
the pre -application conference with the Design and Project Review Committee
within fifteen (15) calendar days after receiving the applicant's request.
(B) Information Needed for Pre -Application Conference: The applicant shall include the
following information at the time of request for the meeting:
1. Conceptual site plan.
2. Plat of survey (including the location of utilities).
3. Proposed elevations.
4. Narrative summary of proposal.
5. Description of adjacent land uses and neighborhood characteristics.
6. Description of critical historical structures, details or characteristics (if
applicable).
(C) Results of Pre -Application Conference. Following the pre -application conference,
the Zoning Administrator and the Design and Project Review Committee shall be
available to suggest modifications to the site plan as discussed during the pre -
application conference. Within seven (7) calendar days, minutes of the pre -
application conference shall be sent to the applicant and the PlaR Commic/is.9a
Land Use Commission and shall be made available upon request to interested
parties by the Zoning Administrator.
(D) Application Submission Requirements: An applicant for a planned development
shall file an application with the Dian !"'^Yv MiSSOOR Land Use Commission on a form
provided by the Zoning Administrator, accompanied by such number of copies of
documents as the Zoning Administrator may require for processing of the
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application. The application shall include at least the information listed in Section
DA of Appendix D of this Ordinance, "Planned Development Application
Submission Requirements."
SECTION 23: City Code Section 6-3-6-8 "Review Procedure; Decision" of
the Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-6-8. REVIEW PROCEDURE; DECISION.
(A) Public Hearing: All applications for planned developments will be given priority
review by the Zoning Administrator. Upon the review of an application for a planned
development, the Zoning Administrator shall, pursuant to Section 6-3-3-1, notify the
developer of any deficiencies and or modifications necessary to perfect the planned
development application. After determining that the application is complete
pursuant to Section 6-3-3-1, the Zoning Administrator shall at the same time
schedule a public hearing to be held by the PlaR Commicr✓.an-Land Use
Commission at which time a formal presentation of the planned development
application will be presented. The public hearing shall be held not less than fifteen
(15) calendar days and no more than thirty (30) calendar days from the date of
receipt of the complete application.
(B) General Notice of Public Hearing: The Zoning Administrator shall cause notice to
be published of a public hearing to be held by the PlaR G^mmi66i„n Land Use
Commission. The public notice shall be published a minimum of fifteen (15) days
prior to the hearing date and a maximum of thirty (30) days prior to the hearing
date. In addition, a sign shall be posted on the property for a minimum of ten (10)
working days prior to the public hearing indicating the place, time and date of the
hearing. Such notice shall be sufficient notice for the initial hearing. Subsequent
notices are not required for continuances of a hearing, if any.
(C) Mailed Notices Required: The City will provide notice, through the use of a third
party service, by first class mail to all owners of property within a one thousand
(1,000) foot radius of the property lines of the subject property, inclusive of public
roads, streets, alleys and other public ways from the subject property whose
addresses appear on the current tax assessment list as provided by the City. The
applicant must pay any and all fees and postage associated with mailing such
notice pursuant to this Section. The City reserves the right to provide the
aforementioned notice by first class mail where the Zoning Administrator finds it
necessary. The failure of delivery of such notice, however, does not invalidate any
such hearing. Such notice is sufficient notice for the initial hearing. Subsequent
notices are not required for continuances of a hearing, if any.
(D) Content of Published and Mailed Notices: Published and mailed notices shall
contain the time, date, and place of the public hearing. Additionally, the published
and mailed notices shall contain the following:
1. A statement indicating that the petition is a request for a planned development;
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2. The address of the subject property requesting the planned development;
3. The current zoning classification of the property requesting the planned
development;
4. The time and place where the petition proposing the planned development will
be available for examination for a period of at least ten (10) days prior to the
public hearing;
5. The name of the person responsible for giving notice of the public hearing by
publication or by mail, or by publication and mail;
6. Any other information requested by the Dian Commission Land Use
Commission; and
7. A statement that after the conclusion of the hearing the matter will be
submitted to the City Council for its action.
(E) Recommendation: The Plan COmmissiOn Land Use Commission shall conduct a
public hearing to review the application for the proposed planned development. The
Dion GeMMOSSOen Land Use Commission shall make a recommendation within sixty
(60) calendar days of the close of the public hearing to the City Council for its
decision in accordance with the procedures for special uses set forth in Section 6-3-
5-8. The D'an Commission Land Use Commission may, upon agreement with the
applicant, extend the sixty (60) calendar day review period. The maximum length of
any extension, however, shall be limited to ninety (90) calendar days.
(F) Continued Hearings or Meetings: In the instance a hearing or meeting is continued
to a date certain, the date and time of the continued hearing or meeting shall be
announced at the time and place of the hearing being continued, and the continued
hearing's notice requirements shall be deemed satisfied. If for any reason the
continued hearing or meeting date or time needs to be changed, the Zoning
Administrator shall, in his or her best effort, provide the public with the new date
and time of the continued hearing by:
1. Posting the continued meeting or hearing notice at the Civic Center; and
2. Posting the continued meeting or hearing notice on the City's website.
Failure to provide such notice, however, shall not invalidate any such continued hearing
or meeting.
(G) In the event a quorum is not present for the initial meeting or a continued meeting,
a majority of the board e commission members present may reschedule the
meeting to a new date and time. No additional mailed or published notices shall be
required for meetings continued as provided in Section 6-3-6-B(F).
SECTION 24: City Code Section 6-3-6-9 "Standards" of the Evanston City
Code of 2012, as amended, is hereby further amended as follows:
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6-3-6-9. STANDARDS.
As a special use, planned development involves such special considerations of the
public interest that it shall be required to adhere to the specific planned development
standards established in the zoning district in which it is located. Compliance with the
standards shall govern the recommendations of the PlaR �'^mmic c i„r, Land Use
Commission applicable to a planned development and the action of the City Council in
order to ensure that an approved planned development is in harmony with the general
purposes and intent of the Zoning Ordinance. The plan Commission Land Use
Commission shall not recommend approval of, nor shall the City Council approve, a
planned development unless each shall determine, based on written findings of fact,
that the planned development satisfies the specific standards established in the zoning
district in which the planned development is located.
SECTION 25: City Code Section 6-3-6-11 "Rights of Applications and
Affected Property Owners at Hearings on Planned Developments" of the Evanston City
Code of 2012, as amended, is hereby further amended as follows:
6-3-6-11. RIGHTS OF APPLICANTS AND AFFECTED PROPERTY OWNERS AT
HEARINGS ON PLANNED DEVELOPMENTS.
(A) Applicants for a planned development and owners of property within one thousand
(1,000) feet inclusive of public roads, streets, alleys and other public ways, shall
have the following rights, in addition to any others they may possess by law, at any
hearing before the Plan Commicciar-Land Use Commission:
To inspect all documents and material submitted as part of the application for
the special use prior to the hearing.
2. To present witnesses on their behalf.
(B) Eligible property owners, as set forth above, who wish to object shall, upon written
request, be granted one (1) continuance for the purpose of presenting evidence to
rebut testimony given by the applicant. The date of such continued hearing shall be
at the discretion of the Commission.
SECTION 26: City Code Section 6-3-6-12 "Adjustments to Development
Plan" of the Evanston City Code of 2012, as amended, is hereby further amended as
follows:
6-3-6-12. ADJUSTMENTS TO DEVELOPMENT PLAN.
(A) New Application Required for Amendments: Except for minor and major
adjustments authorized pursuant to Subsections 6-3-6-12(8) and 6-3-6-12(C) no
amendment shall be made in the construction, development or use of a planned
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development without a new application under the provisions of this Ordinance. The
date of completion of a planned development, for which an amendment has been
proposed, may be extended by the City Council for good cause.
(B) Minor Adjustments: During build -out of the planned development, the Zoning
Administrator may authorize, following review and recommendation of the Design
and Project Review Committee, minor adjustments to the approved development
plan, when such adjustments appear necessary in light of technical or engineering
considerations. Such minor adjustments shall be limited to the following:
Altering the location of any one (1) structure or group of structures by not more
than one-fourth ('/4) of the distance shown on the approved development plan
between such structure or structures, and any other structure or any vehicular
circulation element or any boundary of the site, whichever is less.
2. Altering the location of any circulation element by not more than one-fourth ('/4)
of the distance shown on the approved development plan between such
circulation element and any structure, whichever is less.
3. Altering the siting of any open space by not more than twenty percent (20%).
4. Altering any final grade by not more than twenty percent (20%) of the originally
planned grade.
5. Altering the location or type of landscaping elements by not more than twenty
percent (20%).
6. Altering the location or type of utility equipment.
Such minor adjustments shall be consistent with the intent and purpose of the
Ordinance and the development plan as approved pursuant to this Section 6-3-6, and
shall be the minimum necessary to overcome the particular difficulty and shall not be
approved if such adjustments would result in a violation of any standard or requirement
of this Ordinance.
For properties located in a designated historic district or incorporating identified
historic structures, no such adjustment shall be granted for any critical structure, feature
or element identified in the approved development plan as historically contributing
without the prior consent of the preservation commission.
(C) Major Adjustments: Major Adjustments: Any adjustment to the approved
development plan not authorized by Subsection (B) of this Section, is considered to
be a major adjustment. The City will provide notice, through the use of a third party
service, by first class mail to all owners of property within a one thousand (1,000)
foot radius of the property lines of the planned development, inclusive of public
roads, streets, alleys and other public ways from the planned development site
whose addresses appear on the current tax assessment list. The applicant must
pay any and all fees and postage associated with mailing such notice pursuant to
this Section. The City reserves the right to provide the aforementioned notice by
first class mail where the Zoning Administrator finds it necessary. Upon providing
such notice, the Plan Commossme i Land Use Commission may approve an
application for a major adjustment to the development plan not requiring a plan as
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approved, then the Commission shall review the request in accordance with the
procedures set forth in Section 6-3-6-8 of this Chapter.
SECTION 27: City Code Section 6-3-7-5 "Procedure for Review and
Decision of Proposed Use" of the Evanston City Code of 2012, as amended, is hereby
further amended as follows:
6-3-7-5. PROCEDURE FOR REVIEW AND DECISION OF PROPOSED USE.
An application for a unique use shall be processed in accordance with the following
procedures:
(A) Public Hearing: After the filing of a perfected application for a unique use, the
Zoning Administrator shall transmit the application to the Dian Gemmiccin„
Land Use Commission and schedule a date for public hearing.
(B) Staff Review Procedure: The Zoning Administrator shall schedule and conduct
a staff review conference to review the comments received from the various
departments and boards pursuant to Subsection 6-3-7-4(A) of this Chapter.
Following the staff review conference, the Zoning Administrator shall forward
staff's written report to the Dion Gemmissien Land Use Commission.
(C) General Notice of Public Hearing: Notice of the public hearing required in
Subsection (Al of this Section shall be given by the Plan Gommic j.9n Land
Use Commission by one (1) publication in one (1) or more newspapers of
general circulation. Notice shall be published within a minimum of fifteen (15)
days prior to the hearing date and a maximum of thirty (30) days prior to the
hearing date. Such notice shall be sufficient notice for the initial hearing.
Subsequent notices are not required for continuances of a hearing, if any.
(D) Mailed Notices Required: The City will provide notice, through the use of a third
party service, by first class mail to all property owners within one thousand
(1,000) feet of the property lines in each direction of the subject property,
inclusive of public roads, streets, alleys and other public ways from the subject
site whose addresses appear on the current tax assessment list as provided by
the City. The applicant must pay any and all fees and postage associated with
mailing such notice pursuant to this Section. The City reserves the right to
provide the aforementioned notice by first class mail where the Zoning
Administrator finds it necessary. The failure of delivery of such notice,
however, shall not invalidate any such hearing. In addition, a sign shall be
posted on the property for a minimum of ten (10) working days prior to the
public hearing indicating the place, time and date of the hearing. Such notice
shall be sufficient notice for the initial hearing. Subsequent notices are not
required for continuances of a hearing, if any.
(E) Content of Published and Mailed Notices: Published and mailed notice shall
contain the time, date and place of the public hearing.
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(F) Application Process: Each unique use application shall be processed in
conformance with the procedures of Sections 6-3-6-7, "Application Procedure,"
and 6-3-6-8, "Review Procedure; Decisions," of this Chapter.
(G) Applicant Rights: Applicants for a unique use and owners of property within
one thousand (1,000) feet inclusive of public roads, streets, alleys and other
public ways, shall have the following rights, in addition to any others they may
possess by law, at any hearing before the plan Commission Land Use
Commission :
1. To inspect all documents and material submitted as part of the application for
the unique use prior to the hearing.
2. To present witnesses on their behalf.
(H) Objection of Property Owners: Eligible property owners, as set forth above,
who wish to object shall, upon written request, be granted one (1) continuance
for the purpose of presenting evidence to rebut testimony given by the
applicant. The date of such continued hearing shall be at the discretion of the
commission.
(1) Continued Hearings or Meetings: In the instance a hearing or meeting is
continued to a date certain, the date and time of the continued hearing or
meeting shall be announced at the time and place of the hearing being
continued, and the continued hearing's notice requirements shall be deemed
satisfied. If for any reason the continued hearing or meeting date or time needs
to be changed, the Zoning Administrator shall, in his or her best effort, provide
the public with the new date and time of the continued hearing by:
1. Posting the continued meeting or hearing notice at the Civic Center; and
2. Posting the continued meeting or hearing notice on the City's website.
Failure to provide such notice, however, shall not invalidate any such
continued hearing or meeting.
(J) In the event a quorum is not present for the initial meeting or a continued
meeting, a majority of the beard e commission members present may
reschedule the meeting to a new date and time. No additional mailed or
published notices shall be required for meetings continued as provided in
Section 6-3-7-5(1).
SECTION 28: City Code Section 6-3-7-6 "Opposition to Unique Use" of
the Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-7-6. OPPOSITION TO UNIQUE USE.
If prior to the close of a Plan GommicaiaR Land Use Commission hearing pursuant
to Subsection 6-3-4-6(E) of this Chapter a written protest against any proposed unique
use, signed and acknowledged by thirty percent (30%) of the owners of property whose
lot lines are located within a one thousand (1,000) foot radius of the boundary of the
area of the unique use, inclusive of public rights of way, is filed with the City clerk,
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approval of the unique use shall require a favorable vote of three -fourths (3/4) of the
aldermen elected to the City Council.
SECTION 29: City Code Section 6-3-7-7 "Commission Action" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-7-7. COMMISSION ACTION.
After receipt of the staff's written report with respect to the proposed unique use,
the D'on^rr,rv,iooi^n Land Use Commission shall hold a public hearing in accordance
with the adopted rules and procedures of the commission. The staff's written report shall
be considered at the public hearing. After the public hearing, the commission shall
recommend to the City Council based on written findings of fact, that the council: a)
approve the unique use; b) approve the unique use subject to specific conditions in
applicable zoning requirements; or c) deny the unique use.
SECTION 30: City Code Section 6-3-7-8 "Council Decision" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-7-8. COUNCIL DECISION.
Upon receipt of the recommendation of the D'an^rv,n,iooi^n Land Use
Commission, the City Council shall either approve the unique use, approve the unique
use subject to conditions, or deny the unique use.
SECTION 31: City Code Section 6-3-7-10 "Standards for Unique Uses" of
the Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-7-10. STANDARDS FOR UNIQUE USES.
The Dion COMMOooiOn Land Use Commission may only recommend approval,
approval with conditions, or disapproval of a unique use permit based upon written
findings of fact with regard to each of the following standards:
(A) Evidence of special and extraordinary need for the unique use which shall include
evidence of unique characteristics of the subject property, proposed use, and/or the
neighborhood surrounding the subject property.
(B) Evidence that the unique use will be of some affirmative benefit, from a land use or
economic standpoint, to the City and its residents.
(C) Evidence that authorization of the use would not be appropriate through a zoning
amendment.
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(D) Evidence that the project is designed to be reasonably compatible with surrounding
properties and neighborhood.
(E) Evidence that the proposed use and the development are consistent with and
implement the planning goals and objectives of the City, as contained in the
adopted comprehensive general plan and other pertinent policy resolutions,
particularly in terms of:
1. Land use intensity.
2. Housing goals.
3. Preservation goals and policies.
4. Population policies.
5. Traffic impact and parking.
6. Environmental goals and policies.
(F) Each unique use application shall address the planned development standards of
Section 6-3-6-9 of this Chapter, the public benefit standards of Section 6-3-6-3 of
this Chapter, and the standards for special uses of Section 6-3-5-10 of this Chapter.
(G) For each R1 residential preservation unique use exception application evidence
that these requirements are met:
1. It is in an R1 residential district;
2. It is in a designated Evanston preservation district;
3. It is in a structure designated by ordinance as an Evanston landmark;
4. The parcel for which application for the use is made is a minimum of two (2)
acres;
5. The parcel for which application for the use is made is improved with a
structure with a minimum of fourteen thousand five hundred (14,500) square
feet as defined in Subsection (H) of this Section;
6. Any multi -family structure for which the use is approved must contain no more
than four (4) dwelling units. A development plan for an R1 residential
preservation unique use exception may provide for more than one (1) principal
use on a single zoning lot; and
7. All resultant dwelling units created shall have a minimum floor area, as defined
in Section 6-18-3, "Definitions," of this Title, of two thousand (2,000) square
feet.
(H) For purposes of this Subsection, gross floor area is the product of the footprint of
the building times the number of floors plus any otherwise uncounted roofed areas,
or other areas above the first floor that extend past the perimeter of the first floor.
SECTION 32: City Code Section 6-3-7-11 "Conditions on Unique Uses" of
the Evanston City Code of 2012, as amended, is hereby further amended as follows:
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6-3-7-11. CONDITIONS ON UNIQUE USES.
The Plan Commission Land Use Commission may recommend, and the City
Council may impose, such conditions and limitations concerning use, construction,
character, location, landscaping, screening and other matters relating to the purposes
and objectives of this Section 6-3-7 upon the premises benefited by a unique use as
may be necessary or appropriate to prevent or minimize adverse effects upon other
property and improvements in the vicinity of the subject property or upon public facilities
and services. However, such conditions shall not be used as a device to authorize as a
unique use that which is intended to be temporary in nature. Such conditions shall be
expressly set forth in the ordinance granting the unique use permit. Violation of any
such condition or limitation shall be a violation of this Section 6-3-7 and shall constitute
grounds for revocation of the unique use permit.
SECTION 33: City Code Section 6-3-7-12 "Effect of Approval of Unique
Use" of the Evanston City Code of 2012, as amended, is hereby further amended as
follows:
6-3-7-12. EFFECT OF APPROVAL OF UNIQUE USE.
The approval of a proposed unique use by the City Council shall not authorize the
establishment or extension of any use nor the development, construction,
reconstruction, alteration or moving of any building or structure, but shall merely
authorize the preparation, filing and processing of applications for any permits or
approvals that may be required by the regulations of the City, including, but not limited
to, a unique use permit, a building permit, a certificate of occupancy and subdivision
approval. Development of an approved R1 residential preservation unique use will not
require a recommendation from the Plan GommiooiaR Land Use Commission or City
Council approval provided that it is in conformance with the R1 district regulations.
SECTION 34: City Code Section 6-3-7-14 "Coordinated Review and
Approval of a Unique Use and Planned Development" of the Evanston City Code of
2012, as amended, is hereby further amended as follows:
6-3-7-14. COORDINATED REVIEW AND APPROVAL OF A UNIQUE USE AND
PLANNED DEVELOPMENT.
Whenever in conjunction with an application for a unique use an applicant files an
application for a planned development, the Wan Comm io iar}Land Use Commission
shall and the City Council may combine the applications and review them
simultaneously. At conclusion of the public hearing the Plan Commio:iar-Land Use
Commission shall forward its recommendation to the City Council within a maximum of
thirty (30) calendar days. Before any action is taken on the planned development, the
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City Council shall first act to approve, approve with conditions or deny the application for
a unique use.
SECTION 35: City Code Section 6-3-7-15 "Coordinated Review and
Approval of a Unique Use and Variation" of the Evanston City Code of 2012, as
amended, is hereby further amended as follows:
6-3-7-15. COORDINATED REVIEW AND APPROVAL OF A UNIQUE USE AND
VARIATION.
Whenever in conjunction with applications for a unique use an applicant files an
application for a variation, the Plan Cgmmlcclen Land Use Commission and the ZORiRg
Beard ef Appeals shall GGmbiRe and review the applications oimultcaeeusly. A je+#
mooting of the Plan Commission Land Use GemmiccieeR and the ZeRiRg Beard of
Appea!G call be held to hear the rgmhined annliGation. At conclusion of the public
hearing each the Land Use Commission reviewiRg body shall forward its
recommendation to the City Council within a maximum of thirty (30) calendar days. The
City Council may combine the applications and review them simultaneously; however,
before any action is taken on the variation, the City Council shall first act to approve,
approve with conditions or disapprove the application for the unique use.
SECTION 36: City Code Section 6-3-8-2 "Authority" of the Evanston City
Code of 2012, as amended, is hereby further amended as follows:
6-3-8-2. AUTHORITY.
The Zoning Administrator, the ZGRiRg Beard of Anneals Land Use Commission, and
the City Council, as the case may be, are authorized to approve, approve with
conditions, or deny requested variations in accordance with the provisions of this
Section 6-3-8 as follows:
(A) The Zoning Administrator is delegated the authority to grant "minor variations" and
"fence variations" as defined in Section 6-3-8-3 of this Chapter;
(B) Zoning Beard of Appeals Land Use Commission is delegated the authority to hear
appeals from decisions of the Zoning Administrator regarding minor variations and
fence variations, to grant family necessity variations, and to grant "major
variations," as defined in Section 6-3-8-3 of this Chapter, except as limited below,
and combined applications for major and minor variations; and
(C) The City Council shall retain the authority to grant major variations pertaining to off-
street parking for all uses other than single-family and two-family residential, off-
street loading, height beyond fifty (50) feet, including within that measurement any
height otherwise excluded because the story provides required parking, and
townhouse orientation.
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SECTION 37: City Code Section 6-3-8-6 "Procedure for Minor Variations
and Fence Variations" of the Evanston City Code of 2012, as amended, is hereby
further amended as follows:
6-3-8-6. PROCEDURE FOR MINOR VARIATIONS AND FENCE VARIATIONS.
Applications for minor variations and fence variations shall be reviewed and
decided in accordance with the following procedure:
(A) Notice and Opportunity to Comment: Upon receipt of a completed application
for a minor variation or a fence variation, the City will provide notice, through
use of a third party service, by first class mail to all owners of property located
within a two hundred fifty (250) foot radius of the subject property, inclusive of
public streets, alleys and other public ways whose addresses appear on the
current tax assessment list as provided by the City. The applicant must pay
any and all fees and postage associated with mailing such notice pursuant to
this Section. The City reserves the right to provide the aforementioned notice
by first class mail where the Zoning Administrator finds it necessary. The notice
shall indicate that the application shall be available for review and submittal of
written comments thereon ten (10) working days prior to the Zoning
Administrator's determination.
(B) Zoning Administrator's Decision: Within twenty (20) working days of receipt of a
completed application for a minor variation or a fence variation, the Zoning
Administrator shall, by written order, either approve, approve with conditions,
or deny the requested minor variation.
(C) Notification of Decision: The City shall send the Zoning Administrator's decision
within ten (10) working days to the applicant and all other persons previously
notified pursuant to Subsection (A) of this Section.
(D) Records: A record of all applications for minor variations and fence variations
shall be kept on file in the office of the Zoning Administrator. At least once a
year, the Zoning Administrator shall make public a listing of his decisions, by
address, regarding the applications for minor variations and fence variations.
(E) Appeal: The applicant or an adjacent property owner may appeal the decision
of the Zoning Administrator to the ZOR!Rg Board of oppe Land Use
Commission within ten (10) working days of the Zoning Administrator's date of
mailing of notification.
SECTION 38: City Code Section 6-3-8-7 "Procedure for Family Necessity
Variation" of the Evanston City Code of 2012, as amended, is hereby further amended
as follows:
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6-3-8-7. PROCEDURE FOR FAMILY NECESSITY VARIATION.
Applications for family necessity variations shall be reviewed and decided in
accordance with the following procedure:
(A) Notice and Opportunity to Comment: Upon receipt of a completed application
for a family necessity variation the City will provide notice, through use of a
third party service, by first class mail to all owners of property located within a
two hundred fifty (250) foot radius of the subject property, inclusive of public
roads, streets, alleys and other public ways whose addresses appear on the
current tax assessment list as provided by the City. The applicant must pay
any and all fees and postage associated with mailing such notice pursuant to
this Section. The City reserves the right to provide the aforementioned notice
by first class mail where the Zoning Administrator finds it necessary. In
addition, a sign shall be posted on the property subject to the application and
shall remain on the property for a minimum of ten (10) working days prior to the
recommendation of the Zoning Administrator. The notice shall indicate that the
application shall be available for review and submittal of written comments
thereon ten (10) working days prior to the Zoning Administrator's
recommendation.
(B) Zoning Administrator's Recommendation: Within twenty (20) working days of
receipt of a completed application for a family necessity variation, the Zoning
Administrator shall prepare and submit, in writing, a recommendation of
approval, approval with conditions, or denial to the ZORORg Board of Appealsk
Land Use Commission.
(C) Zoning Beard of Appe Land Use Commission Decision: Upon receipt of the
Zoning Administrator's recommendation, the Zoning Beard of Appea Land
Use Commission shall first determine if any owner of property located within
two hundred fifty (250) feet in each direction of the subject property has
commented in opposition to the proposed variation. If no comment in
opposition has been received by the Zoning Administrator as of the date of
submittal of his recommendation to the beard Commission, the beard
Commission may approve the requested variation, without holding a public
hearing, following the procedure of Subsection 6-3-8-10(B) of this Chapter, and
the standards set forth in Subsection 6-3-8-12(D) of this Chapter. If comments
in opposition have been received as of the date of the Zoning Administrator's
recommendation, the beard Commission shall hold a public hearing and render
its decision in accordance with the procedures of Sections 6-3-8-10 and 6-3-8-
11 of this Chapter.
SECTION 39: City Code Section 6-3-8-8 "Procedure for Appeals from
Decisions of the Zoning Administrator Regarding Minor and Fence Variations" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
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6-3-8-8. PROCEDURE FOR APPEALS FROM DECISIONS OF THE ZONING
ADMINISTRATOR REGARDING MINOR AND FENCE VARIATIONS.
An appeal of any decision of the Zoning Administrator regarding an application for a
minor variation or a fence variation shall be made to the 7=E)RiRg BE)aFd .,f Appeals Land
Use Commission and processed in accordance with the provisions of Section 6-3-11 of
this Chapter.
SECTION 40: City Code Section 6-3-8-10 "Procedure for Decisions on
Major Variations" of the Evanston City Code of 2012, as amended, is hereby further
amended as follows:
6-3-8-10. PROCEDURE FOR DECISIONS ON MAJOR VARIATIONS.
Applications for major variations shall be reviewed and decided in accordance with
the following procedure:
(A) Public Hearing: Upon receipt of a completed application for a major variation,
or a combined variation application, the %^Ring Beard of Anneal& Land Use
Commission shall hold a public hearing in accordance with its adopted rules
and procedures.
1. General Notice of Public Hearing: Notice of the public hearing shall be given
by the Land Use Commission by one (1) publication
in one (1) or more newspapers of general circulation. Notice shall be
published within a minimum of fifteen (15) days prior to the hearing date and
a maximum of thirty (30) days prior to the hearing date. Such notice shall be
sufficient notice for the initial hearing. Subsequent notices are not required for
continuances of a hearing, if any.
(B) Mailed Notices Required: The City will provide, through the use of a third party
service, by first class mail to all property owners within a five hundred (500)
foot radius of the property lines of the subject property, inclusive of public
roads, streets, alleys and other public ways from the subject site whose
addresses appear on the current tax assessment list as provided by the City.
The applicant must pay any and all fees and postage associated with mailing
such notice pursuant to this Section. The City reserves the right to provide the
aforementioned notice by first class mail where the Zoning Administrator finds
it necessary. The failure of delivery of such notice, however, shall not invalidate
any such hearing. In addition, a sign shall be posted on the property for a
minimum of ten (10) working days prior to the public hearing indicating the
place, time and date of the hearing. Such notice shall be sufficient notice for
the initial hearing. Subsequent notices are not required for continuances of a
hearing, if any.
(C) ZeRi g Beard of Anneals Land Use Commission Decision: Following the close
of the public hearing, the Zening Beard of Appea Land Use Commission shall
either approve, approve with conditions, or deny the application for major
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variation or the combined variation application, except when the application for
major variation pertains to off street parking, off street loading, height beyond
fifty (50) feet, including within that measurement any height otherwise excluded
because the story provides required parking, or townhouse orientation, or
when the application for major variation pertaining to off street parking, off
street loading, height beyond fifty (50) feet, including within that measurement
any height otherwise excluded because the story provides required parking, or
townhouse orientation, is combined with any other variation application; for
such exceptions, the Zoning Board of Appea Land Use Commission shall
make a recommendation of approval, approval with conditions, or denial to the
City Council for their consideration.
(D) City Council Decision: Upon receipt of the recommendation of the g
Board of Appeals Land Use Commission regarding an application for a major
variation for off street parking, off street loading, height beyond fifty (50) feet,
including within that measurement any height otherwise excluded because the
story provides required parking, or townhouse orientation, or a combined
application for major variation pertaining to off street parking, off street loading,
height beyond fifty (50) feet, including within that measurement any height
otherwise excluded because the story provides required parking, or townhouse
orientation, and any other variation, the City Council shall either approve,
approve with conditions, or deny the application.
(E) Appeal: Any person adversely affected by decision of the Zoning Board of
Appeals Land Use Commission or the City Council may appeal the decision to
the circuit court.
(F) Continued Hearings or Meetings: In the instance a hearing or meeting is
continued to a date certain, the date and time of the continued hearing or
meeting shall be announced at the time and place of the hearing being
continued, and the continued hearing's notice requirements shall be deemed
satisfied. If for any reason the continued hearing or meeting date or time needs
to be changed, the Zoning Administrator shall, in his or her best effort, provide
the public with the new date and time of the continued hearing by:
1. Posting the continued meeting or hearing notice at the Civic Center; and
2. Posting the continued meeting or hearing notice on the City's website.
Failure to provide such notice, however, shall not invalidate any such
continued hearing or meeting.
(G) In the event a quorum is not present for the initial meeting or a continued
meeting, a majority of the board e commission members present may
reschedule the meeting to a new date and time. No additional mailed or
published notices shall be required for meetings continued as provided in
Section 6-3-8-10(F).
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SECTION 41: City Code Section 6-3-8-11 "Rights of Applicants and
Affected Property Owners at Hearings on Major Variations" of the Evanston City Code
of 2012, as amended, is hereby further amended as follows:
6-3-8-11. RIGHTS OF APPLICANTS AND AFFECTED PROPERTY OWNERS AT
HEARINGS ON MAJOR VARIATIONS.
Applicants for major variations and owners of property within a five hundred (500)
foot radius of the subject property, inclusive of public roads, streets, alleys and other
public ways, shall have the following rights, in addition to any others they may possess
by law, at any hearing before the Zoning Beard of Anneals Land Use Commission:
(A) To inspect all documents and material submitted as part of the application for
major variation prior to the hearing.
(B) To reasonably examine all witnesses testifying.
(C) To present witnesses on their behalf.
(D) Eligible property owners, as set forth above, who wish to object shall, upon
written request, be granted one (1) continuance for the purpose of presenting
evidence to rebut testimony given by the applicant. The date of such continued
hearings shall be at the discretion of the board Commission.
SECTION 42: City Code Section 6-3-8-12 "Standard for Variations" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-8-12. STANDARDS FOR VARIATIONS.
In considering an application for a minor variation, fence variation, family necessity
variation, or a major variation, or a combination thereof, the Zoning Administrator, the
ZORing Beard of Anneals Land Use Commission, or the City Council, as the case may
be, may approve such variation only upon finding that the application complies with the
separate standards for each type of variation set forth below:
(A) Minor Variations: Minor variations may be authorized by the Zoning Administrator
upon making written findings that the proposed variation satisfies the following
standards-
1 . The practical difficulty is not self-created.
2. The requested variation will not have a substantial adverse impact on the use,
enjoyment or property values of adjoining properties.
3. The requested variation is in keeping with the comprehensive general plan and
the zoning ordinance.
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4. The requested variation is consistent with the preservation policies set forth in
the comprehensive general plan.
5. The requested variation requires the least deviation from the applicable
regulation among the feasible options identified before the Zoning
Administrator issues his/her decision regarding said variation.
(B) Variations From Fence Regulations: Variations from the requirements for fences set
forth in Section 6-4-6-7 of this Title may be authorized by the Zoning Administrator
upon making written findings that the proposed variation satisfies the following
standards:
1. The requested variation will not be materially detrimental to the public welfare
or injurious to the use, enjoyment or property values of adjoining neighbors.
2. The additional screening, additional height, or requested location achieved
through the variation will assist in reducing noise, screening incompatible
adjacent uses, or increase safety to the owners of the subject property or
abutting properties.
3. In no event shall a variation be granted that would permit a fence taller than
thirty (30) inches to be located within twenty (20) feet of the corner curb line of
an intersection.
(C) Variations From Fence Standards for Landmark Structures and Structures Located
in Historic Districts. (Rep. by Ord. 15-0-99)
(D) Family Necessity Variations: Family necessity variations may be authorized by the
7=GRORg Board of oppe Land Use Commission upon making written findings that
the proposed variation satisfies the following standards:
1. The requested variation will not have a substantial adverse impact on the use,
enjoyment, or property values of the adjoining properties.
2. The requested variation is in keeping with the intent of the zoning ordinance.
3. The character of the residence for which the variation is requested will as a
result be as or more consistent with the character of the residences of the
surrounding neighborhood.
4. The purpose of the variation is not based exclusively upon a desire to extract
additional income from the property.
5. The requested variation requires the least deviation from the relevant
regulation among the feasible options identified before the Zoning
Administrator issues his/her recommendation to the Zoning Board of /fir pealo
Land Use Commission regarding said variation.
(E) Major Variations: Major variations may be authorized by the ZoRiRg Board of
Appeals Land Use Commission, or by the City Council in the case of an application
for a major variation to off street parking, off street loading, height beyond fifty (50)
feet, including within that measurement any height otherwise excluded because the
story provides required parking, or townhouse orientation, or a combined
application for a major variation pertaining to off street parking, off street loading,
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height beyond fifty (50) feet, including within that measurement any height
otherwise excluded because the story provides required parking, or townhouse
orientation, and any other variation, upon making written findings that the proposed
variation satisfies the following standards:
The requested variation will not have a substantial adverse impact on the use,
enjoyment or property values of adjoining properties.
2. The requested variation is in keeping with the intent of the zoning ordinance.
3. The alleged hardship or practical difficulty is peculiar to the property.
4. The property owner would suffer a particular hardship or practical difficulty as
distinguished from a mere inconvenience if the strict letter of the regulations
were to be carried out.
5. (a) The purpose of the variation is not based exclusively upon a desire to extract
additional income from the property, or
(b) While the granting of the variation will result in additional income to the
applicant and while the applicant for the variation may not have demonstrated
that the application is not based exclusively upon a desire to extract additional
income from the property, the ZGRiRg Board of ppea sLand Use
Commission or the City Council, depending on final jurisdiction under Section
6-3-8-2 of this Chapter, has found that public benefits to the surrounding
neighborhood and the City as a whole will be derived from approval of the
variation, that include, but are not limited to, any of the standards of Section
6-3-6-3 of this Chapter.
6. The alleged difficulty or hardship has not been created by any person having
an interest in the property.
7. The requested variation requires the least deviation from the applicable
regulation among the feasible options identified before the ZeRiRg Beard of
Appeals Land Use Commission issues its decision or recommendation to the
City Council regarding said variation.
SECTION 43: City Code Section 6-3-8-13 "Special Procedures in
Connection with Combined Major Variation Applications" of the Evanston City Code of
2012, as amended, is hereby further amended as follows:
6-3-8-13. SPECIAL PROCEDURES IN CONNECTION WITH COMBINED MAJOR
VARIATION APPLICATIONS.
Whenever an application for a major variation would, in addition, require a major
variation for off street parking, off street loading, height beyond fifty (50) feet, including
within that measurement any height otherwise excluded because the story provides
required parking, or townhouse orientation, the applicant shall indicate that fact on the
application where indicated and shall, at the time of filing the application for major
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variation, file an application for a major variation pertaining to off street parking, off
street loading, height beyond fifty (50) feet, including within that measurement any
height otherwise excluded because the story provides required parking, or townhouse
orientation. The'^^i^^ BeaF ! of Appea& Land Use Commission shall and the City
Council may combine the applications and review and decide both simultaneously in
accordance with the procedures set forth in Section 6-3-8-10 of this Chapter.
SECTION 44: City Code Section 6-3-8-14 "Conditions on Variations" of
the Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-8-14. CONDITIONS ON VARIATIONS.
The Zoning Administrator, in the case of applications for minor variations and fence
variations, the'^"'Rg Beard of nppeaLand Use Commission, in the case of
applications for family necessity variations, major variations, and combined major and
minor variations, and the City Council, in the case of applications for major variations
pertaining to off street parking, off street loading, height beyond fifty (50) feet, including
within that measurement any height otherwise excluded because the story provides
required parking, or townhouse orientation, or a combined application for a major
variation pertaining to off street parking, off street loading, height beyond fifty (50) feet,
including within that measurement any height otherwise excluded because the story
provides required parking, or townhouse orientation, and any other variation, may
impose specific conditions and limitations upon the granting of a variation as are
necessary to achieve the purposes and objectives of this Ordinance. Such conditions
and limitations may include, but are not limited to, those concerning use, construction,
character location, landscaping, screening and other matters relating to the purposes
and objectives of this Ordinance and shall be expressly set forth in the decision granting
the variation. Violation of any such condition or limitation shall be a violation of this
Ordinance and shall constitute grounds for revocation of the variation by the Zoning
Administrator pursuant to Section 6-3-10-6 of this Chapter.
SECTION 45: City Code Section 6-3-9-4 "Procedure" of the Evanston City
Code of 2012, as amended, is hereby further amended as follows:
6-3-9-4. PROCEDURE.
(A) Application: Applications for interpretations of this Ordinance shall be filed on a
form provided by the Zoning Administrator and shall contain at least the information
listed in Appendix D, Section D.7, "Submission Requirements For An Application
For Interpretations Of This Zoning Ordinance," of this Title.
(B) Action on Application: Within fifteen (15) working days following the receipt of a
properly completed application for interpretation, the Zoning Administrator shall
inform the applicant in writing of his interpretation, stating the specific precedent,
reasons, and analysis upon which the determination is based. The failure of the
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Zoning Administrator to act within fifteen (15) working days, or such further time to
which the applicant may agree, shall be deemed to be a decision denying the
application rendered on the day following such fifteen (15) day period.
(C) Records: A record of all applications for interpretations shall be kept on file in the
office of the Zoning Administrator. At least once a year, the Zoning Administrator
shall make public a listing of his decisions, by address, regarding the applications
for interpretations.
(D) Appeal: Appeals from interpretations rendered by the Zoning Administrator may be
taken to the Zoning Board of Appea Land Use Commission pursuant to Section 6-
3-9-8 of this Chapter.
SECTION 46: City Code Section 6-3-9-5 "Standards for Use
Interpretations" of the Evanston City Code of 2012, as amended, is hereby further
amended as follows:
6-3-9-5. STANDARDS FOR USE INTERPRETATIONS.
The following standards shall govern the Zoning Administrator, and the ZeRieg
Beard ef Appeals Land Use Commission on appeals from the Zoning Administrator, in
issuing use interpretations:
(A) Any use defined in Chapter 18 of this Title shall be interpreted as therein defined.
(B) No use interpretation shall permit any use in any district unless evidence shall be
presented that demonstrates that it will comply with the general district regulations
established for that particular district.
(C) No use interpretation shall permit any use in a particular district unless such use is
substantially similar to other uses permitted is such district and is more similar to
such other uses than to uses permitted or specially permitted in a more restrictive
district.
(D) If the proposed use is most similar to a use permitted only as a special use in the
district in which it is proposed to be located, then any use interpretation permitting
such use shall be conditioned on the issuance of a special use permit for such use
pursuant to Section 6-3-5.
(E) No use interpretation shall permit the establishment of any use that would be
inconsistent with the statement of purpose of the district in question.
SECTION 47: City Code Section 6-3-9-8 "Appeals from Zoning
Administrator Decisions" of the Evanston City Code of 2012, as amended, is hereby
further amended as follows:
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6-3-9-8. APPEALS FROM ZONING ADMINISTRATOR DECISIONS.
The Zoning Board of Appeals Land Use Commission shall, pursuant to Section 6-3-
11, hear and decide appeals from any order or final decision of the Zoning Administrator
acting pursuant to his authority and duties under this Ordinance except with regard to
orders or decisions based upon the review and recommendations of the Design and
Project Review Committee, which shall be appealable to the City Council through its
Planning and Development Committee, and with the exception of Administrative Review
Uses, which shall be appealable through the special use process pursuant to Section 6-
3-5-16. Except as expressly provided otherwise, an application for appeal to the ZeRiRg
Board of Appeals Land Use Commission may be filed not later than forty-five (45)
calendar days following the action being appealed.
SECTION 48: City Code Section 6-3-10-4 "Procedures Upon Discovery of
Violations" of the Evanston City Code of 2012, as amended, is hereby further amended
as follows:
6-3-10-4. PROCEDURES UPON DISCOVERY OF VIOLATIONS.
(A) If the Zoning Administrator finds that any provision of this Ordinance is being
violated, he shall send a written notice to the person responsible for such violation
indicating the nature of the violation, ordering the action necessary to correct, and
specifying a reasonable amount of time for the correction of the violation or the
performance of any other act required. Additional written notices may be sent at the
administrator's discretion.
(B) The administrator's notice shall be served upon the owner or his agent or the
occupant, as the case may require, provided that such notice shall be deemed to
be properly served upon such owner or agent, or upon such occupant, if a copy
thereof: 1) is served upon him personally, or 2) is sent by certified mail to the last
known address, or 3) is posted in a conspicuous place in or about the building,
structure or premises affected by the action.
(C) The final written notice (and the initial written notice may be the final notice) shall
state what action the Zoning Administrator intends to take if the violation is not
corrected and shall advise that the administrator's decision or order may be
appealed to the Zoning Board of Appeals Land Use Commission pursuant to
Section 6-3-11 of this Chapter.
(D) Notwithstanding the foregoing, in cases when delay would seriously threaten the
effective enforcement of this Ordinance or pose a danger to the public health,
safety, or welfare, the Zoning Administrator may seek enforcement without prior
written notice by invoking any of the penalties or remedies authorized in Section 6-
3-10-5 of this Chapter.
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SECTION 49: City Code Section 6-3-10-6 "Revocation of Certificate of
Zoning Compliance" of the Evanston City Code of 2012, as amended, is hereby further
amended as follows:
6-3-10-6. REVOCATION OF CERTIFICATE OF ZONING COMPLIANCE.
A certificate of zoning compliance may be revoked by the Zoning Administrator, in
accordance with the provisions of this Section, if the recipient of the certificate fails to
develop or maintain the property in accordance with the plans submitted, the
requirements of this Ordinance, or any additional requirements lawfully imposed as a
condition of approval of a special use, including a planned development, a unique use,
or a variation. Before a certificate of zoning compliance can be revoked, the Zoning
Administrator shall undertake the following procedures:
(A) Notice and Opportunity to Comment: The Zoning Administrator shall cause a
written notice of intent to revoke the certificate of zoning compliance to be
delivered to the recipient of the certificate at least ten (10) working days prior to
the date of the proposed revocation. The notice of intent to revoke the
certificate shall inform the recipient of the alleged reasons for the revocation
and of his right to obtain a hearing on the allegations. The notice shall also
inform the certificate holder of the alleged grounds for the revocation.
(B) Hearing: If the certificate holder desires a hearing, the Zoning Administrator
shall set a date for a public hearing.
(C) Zoning Administrator's Decision: After the expiration of the ten (10) working
day notice and comment period, or within ten (10) working days of the close of
the public hearing, the Zoning Administrator shall, by written order, render his
decision on the proposed revocation. The written order shall contain a
statement of the specific reasons or findings of fact that support his decision.
(D) Notification of Decision. The Zoning Administrator shall send his decision
within five (5) working days to the certificate holder and any other person(s)
previously requesting notification.
(E) Appeal: An appeal of the decision of the Zoning Administrator may be taken to
the ZORO g Beard of Appealsk Land Use Commission pursuant to Section 6-3-
11 within ten (10) working days of the Zoning Administrator's date of mailing
the decision.
(F) Evidence: The burden of presenting sufficient evidence to the Zoning
Administrator to conclude a certificate of zoning compliance should be revoked
for any of the reasons set forth in this Section 6-3-10-6 shall be upon the party
proposing the revocation.
(G) Result of Revocation: No person may continue to make use of land or buildings
in the manner authorized by any certificate of zoning compliance after the
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certificate has been revoked in accordance with the provisions of this Section
6-3-10-6.
(H) Records: A record of all written notices of the intent to revoke a certificate of
zoning compliance shall be kept on file in the office of the Zoning
Administrator. At least once a year, the Zoning Administrator shall make public
a listing of his decisions, by address, regarding the written notices of the intent
to revoke a certificate of zoning compliance.
SECTION 50: City Code Section 6-3-11 "Appeals" of the Evanston City
Code of 2012, as amended, is hereby further amended as follows:
MILS `A_1» :F_1 116*1
(A) Except for administrative review uses, which shall be appealable through the
special use process pursuant to Section 6-3-5-16, an appeal may be taken to the
ZGRiRg Beard of nppe Land Use Commission from any order or final decision
made by the Zoning Administrator by any person aggrieved or by an officer,
department, board or bureau of the City. Such appeal shall be taken by filing with
the Zoning Administrator a notice of appeal, specifying the grounds thereof. All of
the papers constituting the record upon which the action appealed from was taken
shall forthwith be transmitted to the ZGRi„g Beard of Appealsm Land Use
Commission. Appeals from an order or final decision based upon the review and
recommendations of the Design and Project Review Committee (DAPR) shall be
taken directly to the City Council through its Planning and Development Committee.
(B) The appeal procedure is provided as a safeguard against arbitrary, ill-considered,
or erroneous administrative decisions. It is intended to avoid the need for legal
action by establishing local procedures to review and correct administrative errors.
It is not, however, intended as a means to subvert the clear purposes, meanings, or
intent of this Ordinance or the rightful authority of the Zoning Administrator to
enforce the requirements of this Ordinance. To these ends, the reviewing body
should give all proper deference to the spirit and intent embodied in the language of
this Ordinance and to the reasonable interpretations of that language by those
charged with the administration of this Ordinance.
(C) The filing of an appeal shall stay all proceedings in furtherance of the action
appealed from, unless the Zoning Administrator certifies to the ZORiRg Board of
Appeals Land Use Commission, after the notice of appeal has been filed, that by
reason of facts stated in the certificate, a stay would cause, in his opinion, imminent
peril to life or property, in which case the proceedings shall not be stayed otherwise
than by a restraining order that may be granted by the'^^in^ BeaF.d .,f Appeals_
Land Use Commission or by a court of record, on application of notice to the Zoning
Administrator and on due cause shown.
(D) The Zoning Beard of AppeaLand Use Commission may reverse or affirm, wholly
or partly, or may modify the order or final decision as in its opinion ought to be
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made in the premises, and to that end has all the powers of the officer from whom
the appeal is taken.
SECTION 51: City Code Section 6-3-11-1 "Public Hearing; Notice;
Findings" of the Evanston City Code of 2012, as amended, is hereby further amended
as follows:
6-3-11-1. PUBLIC HEARING; NOTICE; FINDINGS.
The findings of the ZOR;Rg Beard of nppealo Land Use Commission on appeals
from rulings or orders or final decisions of the Zoning Administrator shall be in writing
and shall be arrived at in each specific case after a public hearing, noticed and held in
accordance with the s Commission's adopted Rules and Procedures. A report of
the Bears Commission's findings with the terms of the relief granted specifically set
forth in a conclusion or separate statement, shall be transmitted to the appellant or
applicant, with copies to the City Council within a reasonable time.
SECTION 52: City Code Section 6-3-11-2 "Right to Grant Variation in
Deciding Appeals" of the Evanston City Code of 2012, as amended, is hereby further
amended as follows:
6-3-11-2. RIGHT TO GRANT VARIATION IN DECIDING APPEALS.
In any case where the application for appeal is accompanied by an application for
variation in accordance with Section 6-3-8 of this Ordinance, the Zoning Board of
Appeals Land Use Commission shall have the authority to grant, as part of the relief, a
variation pursuant to the authority granted in Section 6-3-8-2 but only when in strict
compliance with each provision of Section 6-3-8 hereof.
SECTION 53: City Code Section 6-3-11-3 "Conditions and Limitations on
Rights Granted by Appeal" of the Evanston City Code of 2012, as amended, is hereby
further amended as follows:
6-3-11-3. CONDITIONS AND LIMITATIONS ON RIGHTS GRANTED BY APPEAL.
In any case where this Ordinance imposes conditions and limitations upon any
right, any such right granted by the ZORO g Board of Appealsk Land Use Commission on
appeal shall be subject to such conditions and limitations in the same manner and to the
same extent as if secured without the necessity of an appeal.
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SECTION 54: City Code Section 6-3-11-5 "Appeals; Time Extensions" of
the Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-3-11-5. APPEALS; TIME EXTENSIONS.
(A) An appeal may be taken to the ZGRO g Board of nppeaLand Use Commission
from a directive by the Zoning Administrator to correct or discontinue any violation
of this Ordinance by a specific date. Said appeal may be made to the ZeRiRg Bear -
of Appeals Land Use Commission only for the purpose of providing an extension of
time for correcting or discontinuing an existing violation of this Ordinance. Said
appeal shall be in such form as may be prescribed by the Zoning Board of Appeals,
Land Use Commission and shall set forth the circumstances that make
unreasonable the time period allowed by the enforcing officer for bringing the
subject property into compliance.
(B) An appeal for a time extension shall not be granted unless the following findings
are made, based upon the evidence presented to the ZeRing Beard of Appeals
Land Use Commission:
1. That allowing a time extension for compliance will not be detrimental to the
public welfare, or injurious to or depreciate the value of other property or
improvements in the neighborhood in which the property is located; and
2. That there are either circumstances, difficulties or hardships that make
unreasonable the time for compliance specified by the Zoning Administrator.
For the consideration of time extensions, personal circumstances peculiar to
the property owner or occupant may constitute such circumstances within the
meaning of this paragraph.
(C) The Zoning Board of Anneals Land Use Commission may affirm or extend any time
limit for compliance previously established by the Zoning Administrator or by the
Zeninn Board of 4ppe Land Use Commission within the following limits:
A period for compliance that shall not exceed three (3) years from the date of
the Zoning Board of Appeaw Land Use Commissions' first hearing on the
matter or a rehearing following a change in ownership or occupancy; or
2. A period for compliance limited to the period of present ownership of the
property or present occupancy of the property or any portion thereof, provided
that on rehearing an additional time extension of not to exceed three (3) years
may be granted upon a change in ownership or occupancy; or
3. Any combination of the above.
(D) As a condition of extending a time limit for compliance, the Beard Commission may
order immediate correctional work, may require covenants, or may establish such
other conditions and restrictions as are necessary and desirable to protect the
welfare of the occupants of the property that is the subject of the appeal and public
health, safety and welfare.
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SECTION 55: City Code Section 6-8-1-10 "Planned Developments" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-8-1-10. — PLANNED DEVELOPMENTS.
In addition to the general requirements for planned developments set forth in Section
6-3-6, "Planned Developments," the Dian Commission Land Use Commission shall not
recommend approval of, nor shall the City Council adopt a planned development in
the residential districts unless they shall determine, based on written findings of fact,
that the planned development adheres to the standards set forth herein.
(A) General Conditions:
1. Each planned development shall be compatible with surrounding development and
not be of such a nature in height, bulk, or scale as to exercise any influence contrary
to the purpose and intent of the Zoning Ordinance as set forth in Section 6-1-2,
"Purpose and Intent."
If the proposed planned development is for a property listed as an Evanston landmark,
or for property located within an historic district listed on the National Register of
Historic Places or for property located within a historic district so designated by the
Evanston Preservation Commission, the planned development shall be compatible
with the "Secretary of the Interior's Standards for Rehabilitation" as set forth in the
National Historic Preservation Act of 1966, as amended.
2. Each planned development shall be compatible with and implement the adopted
Comprehensive General Plan, as amended, any adopted land use or urban design
plan specific to the area, this Zoning Ordinance, and any other pertinent City planning
and development policies, particularly in terms of:
(a) Land use.
(b) Land use intensity.
(c) Housing.
(d) Preservation.
(e) Environmental.
(f) Traffic impact and parking.
(g) Impact on schools, public services and facilities.
(h) Essential character of the neighborhood.
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(i) Neighborhood planning.
(j) Conservation of the taxable value of land and buildings throughout the City and
retention of taxable land on tax rolls.
3. Each planned development shall be completed within two (2) years of the issuance
of the special use permit for the planned development. If extensive or staged
development is approved as part of the planned development however, the two (2)
year requirement may be extended to provide for a more reasonable time schedule.
The expanded time schedule shall be adopted as part of the planned development
and so noted on the special use permit for a planned development.
4. No special use permit for a planned development shall be valid for a period longer
than one (1) year unless a building permit is issued and construction is actually begun
within that period and is diligently pursued to completion. The City Council may,
however, for good cause shown, extend the one (1) year period for such time as it
shall determine, without further hearing before the PlaR GGMMicciOR Land Use
Commission. The City Council may, at its sole discretion, place conditions on the
extension in order to assure that the planned development is diligently pursued to its
completion.
5. All landscaping treatment within the planned development shall be provided in
accordance with the requirements set forth in Chapter 17, "Landscaping and
Screening," and shown on the required landscape plan submitted as part of the
planned development application.
(B) Site Controls and Standards: The following site controls and standards are
established to provide a regulatory framework that will promote excellence in site
design. Their establishment is not intended to restrict or inhibit the Design and Project
Review Committee or the applicant from applying other site design principles and
standards that may be applicable to the planned development being proposed and
that may be found in the City's Manual of Design Guidelines or in common use by
design professionals.
1. The minimum area for a planned development established in the residential
districts shall be as follows:
(a) R1 Fourteen thousand four hundred (14,400) square feet.
(b) R2 Ten thousand (10,000) square feet.
(c) R3 Ten thousand (10,000) square feet.
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(d) R4 Eight thousand (8,000) square feet.
(e) R5 Eight thousand (8,000) square feet.
(f) R6 Eight thousand (8,000) square feet.
For planned developments established in the R1 district the minimum ground floor
area for new construction shall be as follows:
(g) New construction one-story dwelling units shall have a minimum
ground floor area of one thousand two hundred (1,200) square feet.
(h) New construction multiple -story dwellings shall have a minimum ground
floor area of nine hundred (900) square feet.
2. For each planned development there shall be submitted a tree preservation
statement evaluating each building site as to whether desirable tree stands or other
natural features exist and can be preserved. The preservation statement shall be
made part of the required landscape plan submitted as part of the planned
development application.
3. For all boundaries of the planned development not immediately abutting dedicated
and improved public streets, there shall be provided a transition landscaped strip of at
least ten (10) feet consisting of vegetative screening, fencing, or decorative walls in
accordance with the Manual of Design Guidelines and Chapter 17, "Landscape and
Screening." Natural features or tree stands identified as desirable in the tree
preservation statement shall be incorporated in the transition landscaped strip where
possible. The transition landscaped strip and its treatment shall be depicted on the
required landscape plan submitted as part of the planned development application.
4. Walkways developed for a planned development shall form a logical, safe and
convenient system for pedestrian access to all dwelling units, all project facilities, as
well as any off -site destination likely to attract substantial pedestrian traffic. Walkways,
when used by substantial numbers of children as play areas, routes to school or other
principal destinations, shall be so located and safeguarded as to minimize contacts
with normal automobile traffic. Street crossings shall be located, designed, and
marked to promote the utmost safety. If substantial bicycle traffic is anticipated, bicycle
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paths shall be incorporated into the walkway system. Pedestrian ways shall not be
used by other automotive traffic.
5. The location, construction, and operation of parking, loading areas, and service
areas shall be designed to avoid adverse effects on residential uses within or
adjoining the development.
6. Principal vehicular access points shall be designed to permit smooth traffic flow with
controlled turning movements and minimum hazards to vehicular and pedestrian
traffic.
7. The planned development shall provide, if possible, for underground installation of
utilities (including electricity and telephone) both in public ways and private extensions
thereof. Provisions shall be made for acceptable design and construction of storm
water facilities including grading, gutter, piping, and treatment of turf and maintenance
of facilities.
8. For every planned development there shall be provided a market feasibility
statement that shall indicate the consumer market areas for all uses proposed in the
development, the population potential of the area or areas to be served by the uses
proposed and other pertinent information concerning the need or demand for such
uses of land.
9. For every planned development involving twenty (20) or more dwelling units there
shall be provided a traffic circulation impact study that shall show the effect of all
proposed uses upon adjacent and nearby roads and highways. The study also shall
show the amount and direction of all anticipated traffic flow and clearly describe what
road improvements and traffic control improvements might become necessary as a
result of the construction of the proposed development.
10. The Zoning Administrator may, at his discretion, require of the applicant additional
studies or impact analyses when he determines that a reasonable need for such
investigation is indicated.
(C) Development Allowances: As provided in Section 6-3-6, "Planned Developments,"
the RaR Commission Land Use Commission may recommend approval of, and the
City Council may grant, site development allowances for planned developments
established in the residential districts. These allowances shall be limited as follows:
1. The maximum height increase over that otherwise permitted in the residential
districts shall be no more than twelve (12) feet.
2. The maximum increase in the number of dwelling units, over that otherwise
permitted in the residential districts, shall be:
(a) R1: None.
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(b) R2: None.
(c) RI None.
(d) R4: Twenty-five percent (25%).
(e) R5: Twenty-five percent (25%).
(f) R6: Twenty-five percent (25%).
3. The location and placement of buildings may vary from that otherwise permitted in
the residential districts, however, at no time shall any dwelling be closer than fifteen
(15) feet from any street or development boundary line, unless otherwise approved as
a site development allowance by the City Council. Further, the minimum spacing
between any two (2) residential buildings within the planned development shall be
twelve (12) feet.
4. The maximum increase in building lot coverage, including accessory structures over
that otherwise permitted in the residential districts shall be as follows:
(a) R1: Ten percent (10%).
(b) R2: Ten percent (10%).
(c) RI Ten percent (10%).
(d) R4: Fifteen percent (15%).
(e) R5: Fifteen percent (15%).
(f) R6: Twenty percent (20%).
(D) Mandatory Planned Development Minimum Thresholds: Any development the land
use of which is listed among the permitted uses or special uses for the individual
zoning district in which the subject property is located meeting any one (1) of the
following characteristics may only be authorized as a planned development in
accordance with Section 6-3-6 of this Title. For purposes of this Subsection, "new
construction" is defined as construction that results in the zoning lot being improved
with substantially new structures, and/or construction conforming to the definition of a
"substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title.
1. The area of the zoning lot to be improved with new construction is in excess of thirty
thousand (30,000) square feet.
2. The development provides for the construction of more than twenty-four (24) new
residential units.
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3. The development plan for which application for a building permit is made contains
more than twenty-four (24) units of any one (1) type or in any combination of any
commercial, business, retail or office uses.
4. The development plan for which application for a building permit is made contains
more than twenty-four (24) units of any one (1) type or in any combination of any
residential, commercial, business, retail, or office uses.
5. The development plan for which application for a building permit is made provides
for the new construction of more than twenty thousand (20,000) square feet of gross
floor area under one (1) roof for any commercial, business, retail or office use. For
purposes of this Subsection, gross floor area excludes the area of any floors or portion
of floors the volume of which is below the established grade but shall include all
accessory areas, areas devoted to parking or loading, elevator shafts, stairwells,
space used solely for heating, cooling, mechanical, electrical and mechanical
penthouses, refuse rooms and uses accessory to the building, notwithstanding floor
areas excluded from the calculation of gross floor area by Section 6-18-3 of this Title.
SECTION 56: City Code Section 6-8-1-11 "Special Conditions for Office
Use" of the Evanston City Code of 2012, as amended, is hereby further amended as
follows:
6-8-1-11. — SPECIAL CONDITIONS FOR OFFICE USES.
In residential districts wherein it is listed as a special use, office use may occur only in
the following instances and subject to the following conditions:
(A) The subject property shall be adjacent to any B, C, D, RP, 01, MU, MUE, MXE, or
I zoning district.
(B) The subject property shall be improved with, and the office(s) shall be located
within, a dwelling originally constructed as a single-family detached or two-family
dwelling.
(C) The ZeniRg Gzl aFd of nnnLand Use Commission shall consider, make findings
of fact regarding, and, if necessary, attach specific conditions to address, the following
characteristics of the proposed use:
1. The number of employees;
2. The amount of parking;
3. The amount of traffic;
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4. The number of clients on the subject property at any one (1) time and per day;
5. The hours of operation;
6. The hours during which pick up and delivery are permitted;
7. The manner in which utilities and other services are provided to the area;
8. Sources of noise, vibrations, smoke, dust, odor, heat, glare, or electrical
interference with radio or television transmission to the area;
9. Exterior alterations to the residential appearance of the subject property, including,
but not limited to, creating a separate or exclusive office entrance, signage or other
advertising or display to identify the office, fencing, and outdoor storage; and
10. The taxable value of buildings and land on, and within the vicinity of, the subject
property.
(D) If the City Council grants the special use, the property owner, or his or her agent,
shall provide the Cook County assessor's office with appropriate documentation of the
nonresidential use of the subject property, including, but not limited to, the amount of
floor area devoted to nonresidential use. The property owner, or his or her agent, shall
cause to be placed on file in the office of the zoning division a copy of the above
described document. Said document and copy shall be received by the Cook County
assessor's office and zoning division before the City may issue a final certificate of
occupancy for the nonresidential use.
SECTION 57: City Code Section 6-9-1-9 "Planned Developments" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-9-1-9. PLANNED DEVELOPMENTS.
In addition to the general requirements for planned developments set forth in
Section 6-3-6, "Planned Developments," of this Title the Dian COMM;SS;^n Land Use
Commission shall not recommend approval of, nor shall the City Council adopt a
planned development in the business districts unless they shall determine, based on
written findings of fact, that the planned development adheres to the standards set forth
herein.
(A) General Conditions:
Each planned development shall be compatible with surrounding development
and not be of such a nature in height, bulk, or scale as to exercise any
influence contrary to the purpose and intent of the zoning ordinance as set
forth in Section 6-1-2, "Purpose And Intent," of this Title.
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If the proposed planned development is for a property listed as an Evanston
landmark, or for property located within a historic district listed on the national
register or for property located within a historic district so designated by the
Evanston preservation commission, the planned development shall be compatible
with the "secretary of the interior's standards for rehabilitation" as set forth in the
National Historic Preservation Act of 1966, as amended.
2. Each planned development shall be compatible with and implement the
adopted comprehensive general plan, as amended, any adopted land use or
urban design plan specific to the area, this zoning ordinance, and any other
pertinent City planning and development policies, particularly in terms of:
(a) Land use.
(b) Land use intensity.
(c) Housing.
(d) Preservation.
(e) Environmental.
(f) Traffic impact and parking.
(g) Impact on schools, public services and facilities.
(h) Essential character of the business district, the surrounding residential
neighborhoods, and abutting residential lots.
(i) Neighborhood planning.
Q) Business district planning and economic development goals and policies,
particularly those of specific adopted plans for individual business districts.
(k) Conservation of the taxable value of land and buildings throughout the City,
and retention of taxable land on tax rolls.
3. Each planned development shall enhance and maintain the pedestrian
character of the business districts.
4. Each planned development shall enhance the streetscape and architectural
character of the business districts, including where possible, preserving
character giving buildings and existing streetscape amenities.
5. Each planned development shall be completed within two (2) years of the
issuance of the special use permit for the planned development. If extensive or
staged development is approved as part of the planned development, however,
the two (2) year requirement may be extended to provide for a more
reasonable time schedule. The expanded time schedule shall be adopted as
part of the planned development and so noted on the special use permit for a
planned development.
6. No special use permit for a planned development shall be valid for a period
longer than one (1) year unless a building permit is issued and construction is
actually begun within that period and is diligently pursued to completion. The
City Council may, however, for good cause shown, extend the one year period
for such time as it shall determine, without further hearing before the
Gernmosso Land Use Commission. The City Council may, at its sole
discretion, place conditions on the extension in order to assure that the
planned development is diligently pursued to its completion.
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7. All landscaping and streetscape treatment within the planned development
shall be provided in accordance with the requirements set forth in Chapter 17,
"Landscaping And Screening," of this Title, and shown on the required
landscape plan submitted as part of the planned development application.
(B) Site Controls and Standards: The following site controls and standards are
established to provide a regulatory framework that will promote excellence in site
design. It is not intended to restrict or inhibit the Design and Project Review
Committee or the applicant from applying other site design principles and standards
that may be applicable to the planned development being proposed and that may
be found in the City's "Manual of Design Guidelines" or in common use by design
professionals.
1. The minimum area for a planned development established in a business
district shall be as follows:
(a) B1 Ten thousand (10,000) square feet.
(b) B1a Ten thousand (10,000) square feet.
(c) B2 Ten thousand (10,000) square feet.
(d) B3 None.
2. For all boundaries of the planned development abutting a residential property,
there shall be provided a transition landscaped strip of at least ten (10) feet
consisting of vegetative screening, fencing, or decorative walls in accordance
with the "Manual of Design Guidelines" and Chapter 17, "Landscaping and
Screening," of this Title. The transition landscaped strip and its treatment shall
be depicted on the required landscape plan submitted as part of the planned
development application.
3. Walkways developed for a planned development shall form a logical, safe and
convenient system for pedestrian access to all project facilities as well as any
off site destination likely to attract substantial pedestrian traffic. Pedestrian
ways shall not be used by other automotive traffic.
4. The location, construction, and operation of parking, loading areas, and service
areas, shall be designed to avoid adverse effects on residential uses within or
adjoining the development and, where possible, provide additional parking
beyond that required for the planned development to service the business
district in which it is located.
5. Principal vehicular access points shall be designed to permit smooth traffic flow
with controlled turning movements and minimum hazards to vehicular and
pedestrian traffic.
6. The planned development shall provide, if possible, for underground
installation of utilities (including electricity and telephone) both in public ways
and private extensions thereof. Provisions shall be made for acceptable design
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and construction of storm water control facilities, including grading, gutter,
piping and treatment of turf and maintenance of facilities.
7. For every planned development there shall be provided a market feasibility
statement that shall indicate the consumer market areas for all uses proposed
in the development, the population potential of the area or areas to be served
by the uses proposed and other pertinent information concerning the need or
demand for such uses of land.
8. For every planned development involving structures exceeding a gross floor
area of twenty thousand (20,000) square feet there shall be provided a traffic
circulation impact study that shall show the effect of all proposed uses upon
adjacent and nearby roads and highways. The study also shall show the
amount and direction of anticipated traffic flow and clearly describe what road
improvements and traffic control improvements might become necessary as a
result of the construction of the proposed development.
9. The Zoning Administrator may, at his discretion, require of the applicant
additional studies or impact analyses when he determines that a reasonable
need for such investigation is indicated.
(C) Development Allowances: As provided in Section 6-3-6, "Planned Developments,"
of this Title the RaR GeMMOSSOGR Land Use Commission may recommend approval
of, and the City Council may grant, site development allowances for planned
developments. Said allowances shall be limited as follows:
The maximum height increase over that otherwise permitted in the business
districts shall be no more than:
(a) B1 Twelve (12) feet.
(b) B1a Twelve (12) feet.
(c) B2 Twelve (12) feet.
(d) B3 Twelve (12) feet.
2. The maximum increase in the number of dwelling units over that otherwise
permitted in the business districts shall be:
(a) B1 Twenty percent (20%).
(b) B1a Twenty percent (20%).
(c) B2 Twenty percent (20%).
(d) B3 Twenty-five percent (25%).
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3. The location and placement of buildings may vary from that otherwise
permitted in the business districts; however, at no time shall any building be
closer than five (5) feet to any interior side lot line abutting a residential district
or closer than ten (10) feet to any rear lot line abutting a residential district.
4. The maximum increase in floor area ratio, over that otherwise permitted in the
business districts, shall be 1.0.
(D) Mandatory Planned Development Minimum Thresholds: Any development the land
use of which is listed among the permitted uses or special uses for the zoning
district in which the subject property is located meeting any one (1) of the following
characteristics may only be authorized as a planned development in accordance
with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction"
is defined as construction that results in the zoning lot being improved with
substantially new structures, and/or construction conforming to the definition of a
"substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title.
1. The area of the zoning lot to be improved with new construction is in excess of
thirty thousand (30,000) square feet.
2. The development provides for the construction of more than twenty-four (24)
new residential units.
3. The development plan for which application for a building permit is made
contains more than twenty-four (24) units of any one (1) type or in any
combination of any commercial, business, retail or office uses.
4. The development plan for which application for a building permit is made
contains more than twenty-four (24) units of any one (1) type or in any
combination of any residential, commercial, business, retail, or office uses.
5. The development plan for which application for a building permit is made
provides for the new construction of more than twenty thousand (20,000)
square feet of gross floor area under one (1) roof for any commercial,
business, retail or office use. For purposes of this Subsection, gross floor area
excludes the area of any floors or portion of floors the volume of which is below
the established grade but shall include all accessory areas, areas devoted to
parking or loading, elevator shafts, stairwells, space used solely for heating,
cooling, mechanical, electrical and mechanical penthouses, refuse rooms and
uses accessory to the building, notwithstanding floor areas excluded from the
calculation of gross floor area by Section 6-18-3 of this Title.
SECTION 58: City Code Section 6-9-1-10 "Inclusionary Housing Bonuses"
of the Evanston City Code of 2012, as amended, is hereby further amended as follows:
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6-9-1-10. INCLUSIONARY HOUSING BONUSES.
(A) Any covered development, as defined under City Code Section 5-7-3, providing on -
site affordable units and that is otherwise compliant with the City's Inclusionary
Housing Ordinance is entitled to the following development bonuses:
1. For developments providing five percent (5%) on -site affordable housing or ten
percent (10%) on -site housing with public financing:
Commercial
(B, C, M, & O Districts)
Density +1 per Inclusionary Dwelling
Unit
FAR +1.0
Parking No parking for Inclusionary
Dwelling Unit
Height —
Building Lot —
Coverage and
Impervious Surface
Coverage
2. For developments providing ten percent (10%) on -site affordable housing or
twenty percent (20%) on -site affordable housing with public financing:
Commercial
(B, C, M, & O Districts)
Density
+2 per Inclusionary Dwelling
Unit
FAR
+1.0
Parking
No parking for Inclusionary
Dwelling Units
Height
—
Building Lot
—
Coverage &
Impervious Surface
Coverage
Site Development
Majority vote of City Council
Allowances for
required to exceed maximum
Planned
Site Development Allowances
Developments
for Planned Developments
(instead of Supermajority vote)
3. For covered developments and primarily affordable non -covered developments
in non-TOD areas that provide on -site affordable units, the parking
requirements for the entire development shall be reduced to:
Unit Size I In TOD Area I Outside TOD
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Area
0-1 Bedroom 0.55 parking
0.75 parking
spaces
spaces
2 Bedroom 1.1 parking space
1.25 parking
spaces
3+ Bedroom 1.65 parking
1.5 parking
spaces
spaces
(B) Residential developments processed as planned developments, shall have
bonuses and reductions set forth in this Section calculated prior to the site
development allowances set forth in Section 6-9-1-9.
SECTION 59: City Code Section 6-10-1-9 "Planned Developments" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-10-1-9. — PLANNED DEVELOPMENTS.
In addition to the general requirements for planned developments set forth in Section
6-3-6, "Planned Developments," the Dion GOMMOSSOeR Land Use Commission shall not
recommend approval of, nor shall the City Council adopt a planned development in
the commercial districts unless they shall determine, based on written findings of fact,
that the planned development adheres to the standards set forth herein.
(A) General Conditions:
1. Each planned development shall be compatible with surrounding development and
not be of such a nature in height, bulk, or scale as to exercise any influence contrary
to the purpose and intent of the Zoning Ordinance as set forth in Section 6-1-2,
"Purpose and Intent."
If the proposed planned development is for a property listed as an Evanston landmark,
or for property located within an historic district listed on the National Register of
Historic Places or for property located within a historic district so designated by the
Evanston Preservation Commission, the planned development shall be compatible
with the "Secretary of the Interior's Standards for Rehabilitation" set forth in the
National Historic Preservation Act of 1966, as amended.
2. Each planned development shall be compatible with and implement the
Comprehensive General Plan as amended, any adopted land use or urban design
plan specific to the area, this Zoning Ordinance, and any other pertinent City planning
and development policies, particularly in terms of:
(a) Land use.
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(b) Land use intensity.
(c) Housing.
(d) Preservation.
(e) Environmental.
(f) Traffic impact and parking.
(g) Impact on schools, public services and facilities.
(h) Essential character of the business district, the surrounding residential
neighborhoods, and abutting residential lots.
(i) Neighborhood planning.
0) Commercial district planning and economic development goals and policies,
particularly those of specific adopted plans for individual business districts.
(k) Conservation of the taxable value of land and buildings throughout the City, and
retention of taxable land on tax rolls.
3. Each planned development shall be completed within two (2) years of the issuance
of the special use permit for the planned development. If extensive or staged
development is approved as part of the planned development, however, the two (2)
year requirement may be extended to provide for a more reasonable time schedule.
The expanded time schedule shall be adopted as part of the planned development
and so noted on the special use permit for a planned development.
4. No special use permit for a planned development shall be valid for a period longer
than one (1) year unless a building permit is issued and construction is actually begun
within that period and is diligently pursued to completion. The City Council may,
however, for good cause shown, extend the one (1) year period for such time as it
shall determine, without further hearing before the Pla„ GGmmission Land Use
Commission. The City Council may, at its sole discretion, place conditions on the
extension in order to assure that the planned development is diligently pursued to its
completion.
5. All landscaping treatment within the planned development shall be provided in
accordance with the requirements set forth in Chapter 17, "Landscaping and
Screening," and shown on the required landscape plan submitted as part of the
planned development application.
(B) Site Controls and Standards: The following site controls and standards are
established to provide a regulatory framework that will promote excellence in site
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design. Their establishment is not intended to restrict or inhibit the Design and Project
Review Committee or the applicant from applying other site design principles and
standards that may be applicable to the planned development being proposed and
that may be found in the City's Manual of Design Guidelines or in common use by
design professionals.
1. For all boundaries of the planned development immediately abutting a residential
property, there shall be provided a transition landscaped strip of at least ten (10) feet
consisting of vegetative screening, fencing or decorative walls in accordance with the
Manual of Design Guidelines and Chapter 17, "Landscaping and Screening." The
transition landscaped strip and its treatment shall be depicted on the required
landscape plan submitted as part of the planned development application.
2. Walkways developed for a planned development shall form a logical, safe and
convenient system for pedestrian access to all project facilities as well as any off -site
destination likely to attract substantial pedestrian traffic. Pedestrian -ways shall not be
used by other automotive traffic.
3. The location, construction, and operation of parking, loading areas, and service
areas, shall be designed to avoid adverse effects on residential uses within or
adjoining the development and where possible, provide additional parking beyond that
required for the planned development to service the business district in which it is
located.
4. Principal vehicular access points shall be designed to permit smooth traffic flow with
controlled turning movements and minimum hazards to vehicular and pedestrian
traffic.
5. The planned development shall provide, if possible, for underground installation of
utilities (including electricity and telephone) both in public ways and private extensions
thereof. Provisions shall be made for acceptable design and construction of storm
water facilities including grading, gutter, piping, treatment of turf, and maintenance of
facilities.
6. For every planned development there shall be provided a market feasibility
statement that shall indicate the consumer market areas for all uses proposed in the
development, the population potential of the area or areas to be served by the uses
proposed, and other pertinent information concerning the need or demand for such
uses of land.
7. For every planned development involving twenty (20) dwelling units or more there
shall be provided a traffic circulation impact study that shall show the effect of all
proposed uses upon adjacent and nearby roads and highways. The study shall also
show the amount and direction of anticipated traffic flow and clearly describe what
road and traffic control improvements might become necessary as result of the
construction of the proposed development.
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8. The Zoning Administrator may, at his discretion, require of the applicant additional
studies or impact analyses when he determines that a reasonable need for such
investigation is indicated.
(C) Development Allowances: As provided in Section 6-3-6, "Planned Developments,"
the RaR Sommicc:aR Land Use Commission may recommend approval of, and the
City Council may grant, site development allowances for planned developments. Said
allowances shall be limited as follows:
1. The maximum height increase over that otherwise permitted in the commercial
districts shall be no more than:
(a) C1 Fifteen (15) feet.
(b) C1 a Thirty (30) feet.
(c) C2 Fifteen (15) feet.
2. The maximum increase in the number of dwelling units over that otherwise
permitted in the commercial districts shall be:
(a) C1 Twenty percent (20%).
(b) C1 a Forty percent (40%).
(c) C2 Twenty-five percent (25%).
3. The location and placement of buildings may vary from that otherwise permitted in
the commercial districts, however, at no time shall any building be closer than ten (10)
feet to any lot line abutting a residential district.
4. The maximum increase in floor area ratio over that otherwise permitted in the
commercial districts shall be as follows:
(a) C1
One (1.0).
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(b) C1a One and one-half (1.5).
(c) C2 One (1.0).
(D) Mandatory Planned Development Minimum Thresholds: Any development the land
use of which is listed among the permitted uses or special uses for the zoning district
in which the subject property is located meeting any one (1) of the following
characteristics may only be authorized as a planned development in accordance
with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction" is
defined as construction that results in the zoning lot being improved with substantially
new structures, and/or construction conforming to the definition of a "substantial
rehabilitation and substantial additions" in Section 6-18-3 of this Title.
1. The area of the zoning lot to be improved with new construction is in excess of thirty
thousand (30,000) square feet.
2. The development provides for the construction of more than twenty-four (24) new
residential units.
3. The development plan for which application for a building permit is made contains
more than twenty-four (24) units of any one (1) type or in any combination of any
commercial, business, retail or office uses.
4. The development plan for which application for a building permit is made contains
more than twenty-four (24) units of any one (1) type or in any combination of any
residential, commercial, business, retail, or office uses.
5. The development plan for which application for a building permit is made provides
for the new construction of more than twenty thousand (20,000) square feet of gross
floor area under one (1) roof for any commercial, business, retail or office use. For
purposes of this Subsection, gross floor area excludes the area of any floors or portion
of floors the volume of which is below the established grade but shall include all
accessory areas, areas devoted to parking or loading, elevator shafts, stairwells,
space used solely for heating, cooling,
mechanical, electrical and mechanical penthouses, refuse rooms and uses accessory
to the building, notwithstanding floor areas excluded from the calculation of gross floor
area by Section 6-18-3 of this Title.
SECTION 60: City Code Section 6-11-1-10 "Planned Developments" of
the Evanston City Code of 2012, as amended, is hereby further amended as follows:
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6-11-1-10. PLANNED DEVELOPMENTS.
In the downtown, planned developments are an allowed special use in the D1, D2,
D3 and D4 districts. In addition to the general requirements for planned developments
set forth in Section 6-3-6, "Planned Developments," the Plan Commission Land Use
Commission shall not recommend approval of, nor shall the City Council adopt a
planned development in the downtown districts unless they shall determine, based on
written findings of fact, that the planned development adheres to the following
standards:
(A) General Conditions:
Each planned development shall be compatible with surrounding development
and not be of such a nature in height, bulk, or scale as to exercise any
influence contrary to the purpose and intent of the Zoning Ordinance as set
forth in Section 6-1-2, "Purpose and Intent."
If the proposed planned development is for a property listed as an Evanston
landmark, or for property located within an historic district listed on the National
Register of Historic Places or for property located within an historic district so
designated by the Evanston Preservation Commission, the planned
development shall be compatible with the "Secretary of the Interior's Standards
for Rehabilitation" as set forth in the National Historic Preservation Act of 1966,
as amended.
2. Each planned development shall enhance the identity and character of the
downtown, by preserving where possible character -giving buildings, enhancing
existing streetscape amenities, maintaining retail continuity in areas where it is
prominent, strengthening pedestrian orientation and scale and contributing to
the mixed use vitality of the area.
3. Each planned development shall be compatible with and implement the
adopted Comprehensive General Plan, as amended, the Plan for Downtown
Evanston, any adopted land use or urban design plan specific to the area, this
Zoning Ordinance, and any other pertinent City planning and development
policies, particularly in terms of:
(a) Land use.
(b) Land use intensity.
(c) Housing.
(d) Preservation.
(e) Environmental.
(f) Urban design.
(g) Traffic impact and parking.
(h) Impact on schools, public services and facilities.
(i) Essential character of the downtown district, the surrounding residential
neighborhoods, and abutting residential lots.
(j) Neighborhood planning.
(k) Conservation of the taxable value of land and buildings throughout the City,
and retention of taxable land on tax rolls.
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4. Each planned development shall be completed within two (2) years of the
issuance of the special use permit for the planned development. If extensive or
staged development is approved as part of the planned development, however,
the two (2) year requirement may be extended to provide for a more
reasonable time schedule. The expanded time schedule shall be adopted as
part of the planned development and so noted on the special use permit for a
planned development.
No special use permit for a planned development shall be valid for a period
longer than one (1) year unless a building permit is issued and construction is
actually begun within that period and is diligently pursued to completion. The
City Council may, however, for good cause shown, extend the one (1) year
period for such time as it shall determine, without further hearing before the
plan Commission Land Use Commission. The City Council may, at its sole
discretion, place conditions on the extension in order to assure that the
planned development is diligently pursued to its completion.
5. All landscaping treatment within the planned development shall be provided in
accordance with the requirements set forth in Chapter 17, "Landscaping and
Screening," and shown on the required landscape plan that shall be submitted
as part of the planned development application.
(B) Site Controls and Standards: The following site controls and standards are
established to provide a regulatory framework that will promote excellence in site
design. Their establishment is not intended to restrict or inhibit the Design and
Project Review Committee or the applicant from applying other site design
principles and standards that may be applicable to the planned development being
proposed and that may be found in or interpolated from the Plan for Downtown
Evanston, and the City's Manual of Design Guidelines or in common use by design
professionals.
1. Walkways developed for a planned development shall form a logical, safe and
convenient system for pedestrian access to all project facilities and off -site
destinations likely to attract substantial pedestrian traffic. Pedestrian ways shall
not be used by other automotive traffic.
2. The location, construction and operation of parking, loading areas, and service
areas, shall be designed to avoid adverse effects on residential uses within or
adjoining the development and, where possible, provide additional parking
beyond that required for the planned development to service the downtown
district in which it is located.
3. Principal vehicular access points shall be designed to permit smooth traffic flow
with controlled turning movements and minimum hazards to vehicular or
pedestrian traffic. If the planned development employs local streets within the
development, said streets shall not be connected to streets outside the
development in such a way as to encourage their use by through traffic.
4. The planned development shall provide, if possible, for underground
installation of utilities (including electricity and telephone) both in public ways
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and private extensions thereof. Provisions shall be made for acceptable design
and construction of storm water facilities including grading, gutter, piping,
treatment of turf, and maintenance of facilities.
5. For every planned development there shall be provided a market feasibility
statement that shall indicate the consumer market areas for all uses proposed
in the development, the population potential of the area or areas to be served
by the uses proposed and other pertinent information concerning the need or
demand for such uses of land.
6. For every planned development there shall be provided a traffic circulation
impact study which shall show the effect of all proposed uses upon adjacent
and nearby roads and highways. The study shall also show the amount and
direction of anticipated traffic flow and clearly describe what road and traffic
control improvements might become necessary as a result of the construction
of the proposed development.
7. The Zoning Administrator may, at his discretion, require of the applicant
additional studies or impact analyses when he determines that a reasonable
need for such investigation is indicated.
(C) Development Allowances: As provided in Section 6-3-6, "Planned Developments,"
of this Title the RaR Commission Land Use Commission may recommend approval
of, and the City Council may grant, site development allowances for planned
developments. Said allowances shall be limited as follows:
The maximum height increase over that otherwise permitted in the downtown
districts shall be as follows:
(a) D1 Twenty-four (24) feet.
(b) D2 Forty-three (43) feet.
(c) D3 Eighty-five (85) feet. (For lots that exceed ninety-five (95) feet in width a
tower or towers may be erected to a height of two hundred twenty (220)
feet, provided that the tower or towers above a height of 42 feet shall be set
back not less than thirty (30) feet from any front lot line or side lot line
abutting a street and twenty-five (25) feet from an interior side lot line.
Further, no tower shall be located less than fifty (50) feet from any other
tower located on the same lot.)
(d) D4 Forty (40) feet.
The height of any story of a building approved as a planned development
pursuant to Section 6-3-6 of this Title may be excluded from the calculation of
building height when seventy-five percent (75%) or more of the gross floor area
of such story consists of parking required for the building, excluding
mechanical penthouse, however, in no case shall this exclusion be greater
than four (4) stories or forty (40) feet, whichever is less.
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2. The maximum increase in floor area ratio over that otherwise permitted in the
D2, D3 or D4 district shall be as follows:
(a) D2 1.25.
(b) D3 3.5.
(c) D4 0.5 (0.6 when incorporating residential dwelling units).
(D) Mandatory Planned Development Minimum Thresholds: Any development the land
use of which is listed among the permitted uses or special uses for the zoning
district in which the subject property is located meeting any one (1) of the following
characteristics may only be authorized as a planned development in accordance
with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction"
is defined as construction that results in the zoning lot being improved with
substantially new structures, and/or construction conforming to the definition of a
"substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title.
1. The area of the zoning lot to be improved with new construction is in excess of
thirty thousand (30,000) square feet.
2. The development provides for the construction of more than twenty-four (24)
new residential units.
3. The development plan for which application for a building permit is made
contains more than twenty-four (24) units of any one (1) type or in any
combination of any commercial, business, retail or office uses.
4. The development plan for which application for a building permit is made
contains more than twenty-four (24) units of any one (1) type or in any
combination of any residential, commercial, business, retail, or office uses.
5. The development plan for which application for a building permit is made
provides for the new construction of more than twenty thousand (20,000)
square feet of gross floor area under one (1) roof for any commercial,
business, retail or office use. For purposes of this Subsection, gross floor area
excludes the area of any floors or portion of floors the volume of which is below
the established grade but shall include all accessory areas, areas devoted to
parking or loading, elevator shafts, stairwells, space used solely for heating,
cooling, mechanical, electrical and mechanical penthouses, refuse rooms and
uses accessory to the building, notwithstanding floor areas excluded from the
calculation of gross floor area by Section 6-18-3 of this Title.
SECTION 61: City Code Section 6-12-1-7 "Planned Developments" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-12-1-7. — PLANNED DEVELOPMENTS.
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In addition to the general requirements for planned developments set forth in Section
6-3-6, "Planned Developments," the PlaR i'GMMOSSOOR Land Use Commission shall not
recommend approval of, nor shall the City Council adopt a planned development in
the research park district unless they shall determine, based on written findings of fact,
that the planned development adheres to the following standards:
(A) General Conditions:
1. Each planned development shall be compatible with surrounding development and
not be of such a nature in height, bulk, or scale as to exercise any influence contrary
to the purpose and intent of the Zoning Ordinance as set forth in Section 6-1-2,
"Purpose and Intent."
If the proposed planned development is for a property listed as an Evanston landmark,
or for property located within an historic district listed on the National Register of
Historic Places or for property located within an historic district so designated by the
Evanston Preservation Commission, the planned development shall be compatible
with the "Secretary of the Interior's Standards for Rehabilitation" as set forth in the
National Historic Preservation Act of 1966, as amended.
2. Each planned development shall be compatible with and implement the research
park master plan as amended and the Comprehensive General Plan as amended.
3. Each planned development shall be completed within two (2) years of the issuance
of the special use permit for the planned development. If extensive or staged
development is approved as part of the planned development, however, the two (2)
year requirement may be extended to provide for a more reasonable time schedule.
The expanded time schedule shall be adopted as part of the planned development
and so noted on the special use permit for a planned development.
4. No special use permit for a planned development shall be valid for a period longer
than one (1) year unless a building permit is issued and construction is actually begun
within that period and is diligently pursued to completion. The City Council may,
however, for good cause shown, extend the one (1) year period for such time as it
shall determine, without further hearing before the Dion COMMOSSOOR Land Use
Commission. The City Council may, at its sole discretion, place conditions on the
extension in order to assure that the planned development is diligently pursued to its
completion.
5. All landscaping treatment within the planned development shall be provided in
accordance with requirements set forth in the research park master plan and Chapter
17, "Landscaping and Screening." All landscaping treatment shall be shown on the
required landscape plan submitted as part of the planned development application.
(B) Site Controls and Standards: The following site controls and standards are
established to provide a regulatory framework that will promote excellence in site
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design. Their establishment is not intended to restrict or inhibit the Design and Project
Review Committee or the applicant from applying other site design principles and
standards that may be applicable to the planned development being proposed and
that may be found in the research park master plan, the City's Manual of Design
Guidelines, or in common use by design professionals.
1. The minimum area for a planned development established in the research park
districts shall be nineteen thousand five hundred (19,500) square feet.
2. For each planned development there shall be submitted a tree preservation
statement evaluating each building site as to whether desirable tree stands or other
natural features exist and can be preserved. The preservation statement shall be
made part of the required landscape plan submitted as part of the planned
development application.
3. Walkways developed for a planned development shall form a logical, safe, and
convenient system for pedestrian access to all dwelling units, all project facilities, as
well as any off -site destination likely to attract substantial pedestrian traffic. Walkways,
when used by substantial numbers of children as play areas, routes to school or other
principal destinations, shall be so located and safeguarded as to minimize contacts
with normal automobile traffic. Street crossings shall be located, designed, and
marked to promote the utmost safety. If substantial bicycle traffic is anticipated, bicycle
paths shall be incorporated into the walkway system. Pedestrian ways shall not be
used by other automotive traffic.
4. The location, construction and operation of parking, loading areas and service
areas, shall be designed to avoid adverse effects on residential uses within or
adjoining the development.
5. Principal vehicular access points shall be designed to permit smooth traffic flow with
controlled turning movements and minimum hazards to vehicular and pedestrian
traffic.
6. The planned development shall provide, if possible, for underground installation of
utilities (including electricity and telephone) both in public ways and private extensions
thereof. Provisions shall be made for acceptable design and construction of storm
water facilities including grading, gutter, piping, and treatment of turf and maintenance
of facilities.
7. The Zoning Administrator may, at his discretion, require of the applicant additional
studies or impact analyses when he determines that a reasonable need for such
investigation is indicated.
(C) Development Allowances: As provided in Section 6-3-6, "Planned Developments,"
of this Title the Plan ✓ommicr✓a4i- Land Use Commission may recommend approval of,
and the City Council may grant, site development allowances for planned
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developments established in the research park districts. These allowances shall be
limited as follows:
1. The maximum height increase over that otherwise permitted in the research park
districts shall be the minimum height necessary to achieve the desired building density
as referenced in the research park master plan.
2. The maximum increase in floor area ratio over that otherwise permitted in the
research park district shall be 2.0 for buildings and 0.8 for parking structures.
(D) Mandatory Planned Development Minimum Thresholds: Any development the land
use of which is listed among the permitted uses or special uses for the zoning district
in which the subject property is located meeting any one (1) of the following
characteristics may only be authorized as a planned development in accordance
with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction" is
defined as construction that results in the zoning lot being improved with substantially
new structures, and/or construction conforming to the definition of a "substantial
rehabilitation and substantial additions" in Section 6-18-3 of this Title.
1. The area of the zoning lot to be improved with new construction is in excess of thirty
thousand (30,000) square feet.
2. The development provides for the construction of more than twenty-four (24) new
residential units.
3. The development plan for which application for a building permit is made contains
more than twenty-four (24) units of any one (1) type or in any combination of any
commercial, business, retail or office uses.
4. The development plan for which application for a building permit is made contains
more than twenty-four (24) units of any one (1) type or in any combination of any
residential, commercial, business, retail, or office uses.
5. The development plan for which application for a building permit is made provides
for the new construction of more than twenty thousand (20,000) square feet of gross
floor area under one (1) roof for any commercial, business, retail or office use. For
purposes of this Subsection, gross floor area excludes the area of any floors or portion
of floors the volume of which is below the established grade but shall include all
accessory areas, areas devoted to parking or loading, elevator shafts, stairwells,
space used solely for heating, cooling, mechanical, electrical and mechanical
penthouses, refuse rooms and uses accessory to the building, notwithstanding floor
areas excluded from the calculation of gross floor area by Section 6-18-3 of this Title.
SECTION 62: City Code Section 6-13-1-10 "Planned Developments" of
the Evanston City Code of 2012, as amended, is hereby further amended as follows:
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6-13-1-10. PLANNED DEVELOPMENTS.
In addition to the general requirements for planned developments set forth in
Section 6-3-6, "Planned Developments," of this Title the PlaR rE)mmiSsiOR Land Use
Commission shall not recommend approval of, nor shall the City Council adopt a
planned development unless they shall determine in the transitional manufacturing
districts, based on written findings of fact, that the planned development adheres to the
standards set forth herein.
(A) General Conditions:
Each planned development shall be compatible with surrounding
development and not be of such a nature in height, bulk, or scale as to
exercise any influence contrary to the purpose and intent of the zoning
ordinance as set forth in Section 6-1-2, "Purpose And Intent," of this Title.
If the proposed planned development is for a property listed as an
Evanston landmark, or for property located within an historic district listed
on the National Register of Historic Places or for property located within a
historic district so designated by the Evanston preservation Commission,
the planned development shall be compatible with the "Secretary of the
interior's standards for rehabilitation" as set forth in the National Historic
Preservation Act of 1966, as amended.
2. Each planned development shall be compatible with and implement the
adopted comprehensive general plan, as amended, any adopted land use or
urban design plan specific to the area, this zoning ordinance, and any other
pertinent City planning and development policies, particularly in terms of:
(a) Land use.
(b) Land use intensity.
(c) Housing.
(d) Preservation.
(e) Environmental.
(f) Traffic impact and parking.
(g) Impact on schools, public services and facilities.
(h) Essential character of the downtown district, the surrounding residential
neighborhood, and abutting residential lots.
(i) Neighborhood planning.
Q) Conservation of the taxable value of land and buildings throughout the
City, and retention of taxable land on tax rolls.
3. Each planned development shall be completed within two (2) years of the
issuance of the special use permit for the planned development. If extensive
or staged development is approved as part of the planned development,
however, the two (2) year requirement may be extended to provide for a more
reasonable time schedule. The expanded time schedule shall be adopted as
part of the planned development and so noted on the special use permit for a
planned development.
4. No special use permit for a planned development shall be valid for a period
longer than one (1) year unless a building permit is issued and construction is
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actually begun within that period and is diligently pursued to completion. The
City Council may, however, for good cause shown, extend the one (1) year
period for such time as it shall determine, without further hearing before the
PlaR Commicr✓.Land Use Commission. The City Council may, at its sole
discretion, place conditions on the extension in order to assure that the
planned development is diligently pursued to its completion.
5. All landscaping treatment within the planned development shall be provided in
accordance with the requirements set forth in Chapter 17, "Landscaping and
Screening," and shown on the required landscape plan submitted as part of
the planned development application.
(B) Site Controls and Standards: The following site controls and standards are
established to provide a regulatory framework that will promote excellence in
site design. Their establishment is not intended to restrict or inhibit the Design
and Project Review Committee or the applicant from applying other site design
principles and standards that may be applicable to the planned development
being proposed and that may be found in the City's Manual of Design
Guidelines or in common use by design professionals.
1. For planned developments incorporating residential uses a minimum of forty-
five percent (45%) of the total gross area of the planned development shall be
devoted to usable open space. Said open space and its proposed treatment
shall be depicted on the required landscape plan submitted as part of the
planned development application.
2. For planned developments incorporating manufacturing uses said uses shall
be conducted entirely within an enclosed building. Outdoor storage of
merchandise or production material may be permitted, provided the storage
area consists of no more than ten percent (10%) of the subject site and
further provided that the storage area is completely enclosed by screened
fences, walls or landscaping designed to a height and density to shield the
storage area from view when viewed from off the site.
3. For all boundaries of the planned development not immediately abutting a
dedicated and improved public street, there shall be provided a transition
landscaped strip of at least five percent (5%) of the average depth of the lot or
twenty-five (25) feet, whichever is greater, consisting of vegetative screening,
fencing, or decorative walls in accordance with the Manual of Design
Guidelines and Chapter 17, "Landscaping and Screening." The transition
landscaped strip and its treatment shall be depicted on the required
landscape plan and submitted as part of the planned development
application.
4. Walkways developed for a planned development shall form a logical, safe and
convenient system for pedestrian access to all project facilities as well as any
off -site designation likely to attract substantial pedestrian traffic. Walkways
designed to be used by substantial numbers of children as play areas, routes
to school or other principal destinations shall be located and safeguarded to
minimize contacts with normal automobile traffic. Street crossings shall be
located, designed, and marked to promote the utmost safety. Pedestrian -
ways shall not be used by other automotive traffic.
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5. The location, construction and operation of parking, loading areas, and
service areas, shall be designed to avoid adverse effects on residential uses
within or adjoining the development and, where possible, provide additional
parking beyond that required for the planned development to service the
manufacturing district in which it is located.
6. Principal vehicular access points shall be designed to permit smooth traffic
flow with controlled turning movements and minimum hazards to vehicular
and pedestrian traffic. If the planned development employs local streets within
the development, said streets shall not be connected to streets outside the
development in such a way as to encourage their use by through traffic.
7. The planned development shall provide, if possible, for underground
installation of utilities (including electricity and telephone) both in public ways
and private extensions thereof. Provisions shall be made for acceptable
design and construction of storm water control facilities including grading,
gutter, piping, treatment of turf, and maintenance of facilities.
8. For every planned development involving twenty (20) dwelling units or more
there shall be provided a market feasibility statement that shall indicate the
consumer market areas for all uses proposed in the development, the
population potential of the area or areas to be served by the uses proposed
and other pertinent information concerning the need or demand for such uses
of land.
9. For every planned development there shall be provided a traffic circulation
impact study that shall show the effect of all proposed uses upon adjacent
and nearby roads and highways. The study shall also show the amount and
direction of anticipated traffic flow and clearly describe what road and traffic
control improvements might become necessary as a result of the construction
of the proposed development.
10. The Zoning Administrator may, at his discretion, require of the applicant
additional studies or impact analyses when he determines that a reasonable
need for such investigation is indicated.
(C) Development Allowances: As provided in Section 6-3-6, "Planned
Developments," of this Title the Ran-Sommioc�ga Land Use Commission may
recommend approval of, and the City Council may grant, site development
allowances for planned developments. These allowances shall be limited as
follows:
1. The maximum height increase over that otherwise permitted in the transitional
manufacturing districts shall be no more than fifteen (15) feet.
2. The maximum increase in the number of dwelling units over that otherwise
permitted in the transitional manufacturing districts shall be twenty-five
percent (25%).
3. The location and placement of buildings and structures may vary from that
otherwise permitted in the transitional manufacturing districts, however, at no
time, shall any building or structure be closer than twenty-five (25) feet to any
lot line abutting a residential district.
4. The maximum increase in floor area ratio over that otherwise permitted in the
transitional manufacturing districts shall be 0.1.
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(D) Mandatory Planned Development Minimum Thresholds: Any proposed
development the land use of which is listed among the permitted uses or
special uses for the individual zoning district in which the subject property is
located meeting any one (1) of the following characteristics may only be
authorized as a planned development in accordance with Section 6-3-6 of this
Title. For purposes of this Subsection, "new construction" is defined as
construction that results in the zoning lot being improved with substantially new
structures, and/or construction conforming to the definition of a "substantial
rehabilitation and substantial additions" in Section 6-18-3 of this Title.
1. The area of the zoning lot to be improved with new construction is in excess
of thirty thousand (30,000) square feet.
2. The development provides for the construction of more than twenty-four (24)
new residential units.
3. The development plan for which application for a building permit is made
contains more than twenty-four (24) units of any one (1) type or in any
combination of any commercial, business, retail or office uses.
4. The development plan for which application for a building permit is made
contains more than twenty-four (24) units of any one (1) type or in any
combination of any residential, commercial, business, retail, or office uses.
5. The development plan for which application for a building permit is made
provides for the new construction of more than twenty thousand (20,000)
square feet of gross floor area under one (1) roof for any commercial,
business, retail or office use. For purposes of this Subsection, gross floor
area excludes the area of any floors or portion of floors the volume of which is
below the established grade but shall include all accessory areas, areas
devoted to parking or loading, elevator shafts, stairwells, space used solely
for heating, cooling, mechanical, electrical and mechanical penthouses,
refuse rooms and uses accessory to the building, notwithstanding floor areas
excluded from the calculation of gross floor area by Section 6-18-3 of this
Title.
SECTION 63: City Code Section 6-14-1-10 "Planned Developments" of
the Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-14-1-10. — PLANNED DEVELOPMENTS.
In addition to the general requirements for planned developments set forth in Section
6-3-6, "Planned Developments," the Plan I .YYY,MiE;f ieR Land Use Commission in the
industrial districts shall not recommend approval of, nor shall the City Council adopt a
planned development unless they shall determine, based on written findings of fact,
that the planned development adheres to the standards set forth herein.
(A) General Conditions.
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1. Each planned development shall be compatible with surrounding development and
not be of such a nature in height, bulk, or scale as to exercise any influence contrary
to the purpose and intent of the Zoning Ordinance as set forth in Section 6-1-2,
"Purpose and Intent."
If the proposed planned development is for a property listed as an Evanston landmark,
or for property located within an historic district listed on the National Register of
Historic Places or for property located within an historic district so designated by the
Evanston Preservation Commission, the planned development shall be compatible
with the "Secretary of the Interior's Standards for Rehabilitation" as set forth in the
National Historic Preservation Act of 1966, as amended.
2. Each planned development shall be compatible with and implement the adopted
Comprehensive General Plan, as amended, any adopted land use or urban design
plan specific to the area, this Zoning Ordinance, and any other pertinent City planning
and development policies, particularly in terms of:
(a) Land use.
(b) Land use intensity.
(c) Housing.
(d) Preservation.
(e) Environmental policies.
(f) Traffic impact and parking.
(g) Impact on schools, public services and facilities.
(h) Essential character of the downtown district, the surrounding residential
neighborhood, and abutting residential lots.
(i) Neighborhood planning.
(j) Conservation of the taxable value of land and buildings throughout the City, and
retention of taxable land on tax rolls.
3. Each planned development shall be completed within two (2) years of the issuance
of the special use permit for the planned development. If extensive or staged
development is approved as part of the planned development, however, the two (2)
year requirement may be extended to provide for a more reasonable time schedule.
The expanded time schedule shall be adopted as part of the planned development
and so noted on the special use permit for a planned development.
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4. No special use permit for a planned development shall be valid for a period longer
than one (1) year unless a building permit is issued and construction is actually begun
within that period and is diligently pursued to completion. The City Council may,
however, for good cause shown, extend the one (1) year period for such time as it
shall determine, without further hearing before the plan Commission Land Use
Commission. The City Council may, at its sole discretion, place conditions on the
extension in order to assure that the planned development is diligently pursued to its
completion.
5. All landscaping treatment within the planned development shall be provided in
accordance with the requirements set forth in Chapter 17, "Landscaping and
Screening," and shown on the required landscape plan that shall be submitted as part
of the planned development application.
(B) Site Controls and Standards: The following site controls and standards are
established to provide a regulatory framework that will promote excellence in site
design. Their establishment is not intended to restrict or inhibit the Design and Project
Review Committee or the applicant from applying other site design principles and
standards that may be applicable to the planned development being proposed and
that may be found in the City's Manual of Design Guidelines or in common use by
design professionals.
1. For all boundaries of the planned development immediately abutting a residential
property there shall be provided a transition landscaped strip of at least five percent
(5%) of the average depth of the lot or twenty (20) feet, whichever is greater,
consisting of vegetative screening, fencing, or decorative walls in accordance with the
Manual of Design Guidelines and Chapter 17, "Landscaping and Screening." The
transition landscaped strip and its treatment shall be depicted on the required
landscape plan submitted as part of the planned development application.
2. Walkways developed for a planned development shall form a logical, safe and
convenient system for pedestrian access to all project facilities as well as any off -site
designation likely to attract substantial pedestrian traffic. Pedestrian -ways shall not be
used by other automotive traffic.
3. The location, construction and operation of parking, loading areas, and service
areas, shall be designed to avoid adverse effects on residential uses within or
adjoining the development and, where possible, provide additional parking beyond
that required for the planned development to service the industrial district in which it is
located.
4. Principal vehicular access points shall be designed to permit smooth traffic flow with
controlled turning movements and minimum hazards to vehicular and pedestrian
traffic. If the planned development employs local streets within the development said
streets shall not be connected to streets outside the development in such a way as to
encourage their use by through traffic.
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5. The planned development shall provide, if possible, for underground installation of
utilities (including electricity and telephone) both in public ways and private extensions
thereof. Provisions shall be made for acceptable design and construction of storm
water facilities including grading, gutter, piping, treatment of turf, and maintenance of
facilities.
6. For every planned development there shall be provided a market feasibility
statement that shall indicate the consumer market areas for all uses proposed in the
development, the population potential of the area or areas to be served by the uses
proposed, and other pertinent information concerning the need or demand for such
uses of land.
7. For every planned development there shall be provided a traffic circulation impact
study that shall show the effect of all proposed uses upon adjacent and nearby roads
and highways. The study also shall show the amount and direction of anticipated
traffic flow and clearly describe what road improvements and traffic control
improvements might become necessary as result of the construction of the proposed
development.
8. The Zoning Administrator may, at his discretion, require of the applicant additional
studies or impact analyses when he determines that a reasonable need for such
investigation is indicated.
(C) Development Allowances: As provided in Section 6-3-6, "Planned Developments,"
of this Title, the Plan Gommicdoa Land Use Commission may recommend approval
of, and the City Council may grant, site development allowances for planned
developments. These allowances shall be limited as follows:
1. The maximum height increase over that otherwise permitted in the industrial
districts shall be no more than fifteen (15) feet.
2. The location and placement of buildings may vary from that otherwise permitted in
the industrial districts, however, at no time shall any building be closer than the
following standards to any lot line abutting a residential lot line:
(a) R1 Fifty (50) feet
(b) R2 Fifty (50) feet
(c) R3 Twenty-five (25) feet
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(d) R4 Twenty (20) feet
(e) R5 Twenty (20) feet
(f) R6 Twenty (20) feet
3. The maximum increase in floor area ratio over that otherwise permitted in the
industrial districts shall be twenty-five percent (25%).
SECTION 64: City Code Section 6-15-1-9 "Planned Developments" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-15-1-9. PLANNED DEVELOPMENTS.
In addition to the general requirements for planned developments set forth in
Section 6-3-6, "Planned Developments," of this Title the plan Commission Land Use
Commission shall not recommend approval of, nor shall the City Council adopt a
planned development in any special purpose district in which planned developments are
authorized unless they shall determine, based on written findings of fact, that the
planned development adheres to the following standards:
(A) General Conditions:
Each planned development shall be compatible with surrounding development
and not be of such a nature in height, bulk, or scale as to exercise any
influence contrary to the purpose and intent of the zoning ordinance as set
forth in Section 6-1-2, "Purpose And Intent," of this Title.
If the proposed planned development is for a property listed as an Evanston
landmark, or for property located within an historic district listed on the National
Register of Historic Places or for property located within a historic district so
designated by the Evanston preservation commission, the planned development
shall be compatible with the "secretary of the interior's standards for rehabilitation"
as set forth in the National Historic Preservation Act of 1966, as amended.
2. Each planned development shall be compatible with and implement the
adopted comprehensive general plan, as amended, any adopted land use or
urban design plan specific to the area, this zoning ordinance, and any other
pertinent City planning and development policies, particularly in terms of:
(a) Land use.
(b) Land use intensity.
(c) Housing.
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(d) Preservation.
(e) Environmental.
(f) Traffic impact and parking.
(g) Impact on schools, public services and facilities.
(h) Essential character of the downtown district, the surrounding residential
neighborhood, and abutting residential lots.
(i) Neighborhood planning.
Q) Conservation of the taxable value of land and buildings throughout the City,
and retention of taxable land on tax rolls.
3. Each planned development shall be completed within two (2) years of the
issuance of the special use permit for the planned development. If extensive or
staged development is approved as part of the planned development, however.
the two (2) year requirement may be extended to provide for a more
reasonable time schedule. The expanded time schedule shall be adopted as
part of the planned development and so noted on the special use permit for a
planned development.
4. No special use permit for a planned development shall be valid for a period
longer than one (1) year unless a building permit is issued and construction is
actually begun within that period and is diligently pursued to completion. The
City Council may, however, for good cause shown, extend the one (1) year
period for such time as it shall determine, without further hearing before the
PaR Commic/✓.Land Use Commission. The City Council may, at its sole
discretion, place conditions on the extension in order to assure that the
planned development is diligently pursued to its completion.
5. All landscaping treatment within the planned development shall be provided in
accordance with the requirements set forth in Chapter 17, "Landscaping And
Screening," of this Title and shown on the required landscape plan submitted
as part of the planned development application.
(B) Site Controls and Standards: The following site controls and standards are
established to provide a regulatory framework that will promote excellence in site
design. Their establishment is not intended to restrict or inhibit the Site Plan and
Appearance Review Committee or the applicant from applying other site design
principles and standards that may be applicable to the planned development being
proposed and that may be found in the City's Manual of Design Guidelines or in
common use by design professionals.
1. For all boundaries of the planned development not immediately abutting a
dedicated and improved public street, there shall be provided a transition
landscaped strip a width of at least the following:
(a) 01 Twenty-seven (27) feet.
(b) T1 Twelve (12) feet.
(c) T2 Twenty (20) feet.
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(d) U1 Twenty (20) feet.
(e) U2 Thirty-five (35) feet.
(f) U3 None.
The transitional landscape strip shall consist of vegetative screening, fencing, or
decorative walls in accordance with the Manual of Design Guidelines and Chapter
17, "Landscaping and Screening." The transition landscaped strip and its treatment
shall be depicted on the required landscape plan and submitted as part of the
planned development application. Residential planned developments shall provide
a transition landscape strip of the type noted above in this Subsection (B)1 of at
least eight (8) feet in width.
2. Walkways developed for a planned development shall form a logical, safe and
convenient system for pedestrian access to all project facilities as well as any
off -site destination likely to attract substantial pedestrian traffic. Walkways to
be used by substantial numbers of children as play areas, routes to school or
other principal destinations shall be located and safeguarded to minimize
contact with normal automobile traffic. Street crossings shall be located,
designed and marked to promote safety. If substantial bicycle traffic is
anticipated, bicycle paths shall be incorporated in the walkway system.
Pedestrianways shall not be used by other automotive traffic.
3. The location, construction and operation of parking, loading areas, and service
areas, shall be designed to avoid adverse effects on residential uses within or
adjoining the development and where possible, provide additional parking
beyond that required for the planned development to service the district in
which it is located.
4. Principal vehicular access points shall be designed to permit smooth traffic flow
with controlled turning movements and minimum hazards to vehicular and
pedestrian traffic. If the planned development employs local streets within the
development, said streets shall not be connected to streets outside the
development in such a way as to encourage their use by through traffic.
5. The planned development shall provide, if possible, for underground
installation of utilities (including electricity and telephone) both in public ways
and private extensions thereof. Provisions shall be made for acceptable design
and construction of storm water facilities including grading, gutter, piping,
treatment of turf, and maintenance of facilities.
6. For every planned development there shall be provided a market feasibility
statement that shall indicate the consumer market areas for all uses proposed
in the development, the population potential of the area or areas to be served
by the uses proposed, and other pertinent information concerning the need or
demand for such uses of land.
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7. For every planned development involving twenty (20) or more dwelling units or
forty thousand (40,000) square feet in gross area, there shall be provided a
traffic circulation impact study that shall show the effect of all proposed uses
upon adjacent and nearby roads and highways. The study also shall show the
amount and direction of anticipated traffic flow and clearly describe what road
improvements and traffic control improvements might become necessary as
result of the construction of the proposed development.
8. The Zoning Administrator may, at his discretion, require of the applicant
additional studies or impact analyses when he determines that a reasonable
need for such investigation is indicated.
(C) Development Allowances: As provided in Section 6-3-6, "Planned Developments,"
of this Title the Dian Land Use Commission may recommend approval
of, and the City Council may grant, site development allowances for planned
developments. These allowances shall be limited as follows:
SECTION 65: City Code Section 6-15-10-5 "Institutional Development
Plan" of the Evanston City Code of 2012, as amended, is hereby further amended as
follows:
6-15-10-5. INSTITUTIONAL DEVELOPMENT PLAN.
An institutional development plan shall be required for any hospital action requiring
special use approval. The institutional development plan shall be submitted in
conjunction with an application for a special use approval and shall be reviewed as part
of the special use approval process.
(A) Submission Requirements: An institutional development plan shall be
submitted in conjunction with an application for special use approval pursuant
to Section 6-3-5 of this Title. Each institutional development plan shall contain
at least the information listed in Section D.8 of Appendix D of this Title.
(B) Review Procedure: The Design and Project Review Committee shall review the
in situational development plan concurrently with the site plan submitted
pursuant to this Section 6-15-10-5. The Design and Project Review Committee
shall prepare a written report of their recommendation that shall be forwarded
to the Zoning Board of Anneals Land Use Commission pursuant to Section 6-
3-5-7 of this Title.
SECTION 66: City Code Section 6-15-10-10 "Review by Zoning Board of
Appeals" of the Evanston City Code of 2012, as amended, is hereby further amended
as follows:
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6-15-10-10. REVIEW BY ZONING BOARD OF APPEALS LAND USE COMMISSION.
Changes in hospital buildings, uses, programs or offices requiring review by the
7=GRiRg Board of Appeals Land Use Commission involve such special considerations of
the public interest that in addition to the general requirements and standards for special
use approval set forth in Section 6-3-5 of this Title, the following specific requirements
and standards are hereby established:
(A) Application Review And Hearing: An application for special use listed in Section 6-
15-10-7 of this Chapter shall be filed with the Zoning Administrator and processed
in accordance with the requirements set forth in Section 6-3-5 of this Title, and shall
be in such form and accompanied by such information as shall be established from
time to time by the Beard Commission. Each application shall contain the
information listed in Section D.3 of Appendix D of this Title, in addition to the
following information:
1. The location, dimensions, and total area of the site affected.
2. The location, dimensions, floor area, type of construction and use of each
proposed building and structure.
3. The number, size and type of dwelling units, if any, in each building and the
overall dwelling unit density.
4. The proposed treatment of open spaces and the exterior surfaces of all
structures.
5. Means of ingress and egress and the number, location and dimensions of
parking spaces and loading docks.
6. The proposed traffic circulation pattern within the area of the development,
together with the location and description of public improvements to be
installed.
7. The location and purpose of any proposed dedication or easement.
8. The general drainage plans of the developed tract.
9. The location, dimensions, and uses of: a) adjacent properties, b) abutting
public rights of way or easements, and c) utilities serving the site.
10. Preliminary sketches (elevations and plan views) of proposed structure(s) and
landscaping.
11. Significant topographical or physical features of the tract.
12. A statement as to why the proposed hospital use will not cause substantial
injury to the value of other property in the neighborhood.
(B) Required Findings: The Zoning Board of oppeais Land Use Commission shall not
recommend approval of, nor shall the City Council grant a special use permit for, an
additional hospital use unless they find, based on written findings of fact, that the
standards governing special uses generally, and the following specific standards,
have been satisfied:
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That the proposed hospital use is compatible with the development allowed
under the basic provisions of the zoning ordinance in the area in which it is
proposed, and it is not of such a nature in height, bulk, or scale as to exercise
any influence contrary to the purpose and intent of the zoning ordinance as
specifically set forth herein.
2. That the proposed hospital use is compatible with and/or implements the
adopted comprehensive general plan, as amended, this zoning ordinance, and
any other pertinent City planning and development policies, particularly in
terms of:
(a) Land use.
(b) Housing.
(c) Traffic impact and parking.
(d) Impact on schools, public services and facilities.
(e) Essential character of the neighborhood.
(f) Neighborhood planning.
(g) Conservation of the tax value of land and buildings throughout the City and
retention of taxable land on the tax rolls.
3. That the proposed use of any office or examining rooms within the hospital by
a physician for treatment of his or her private patients is required because such
practice or treatment is not feasible outside the hospital or is essential to the
function of the hospital.
4. That the existing or proposed utility services are adequate for the proposed
hospital use.
(C) Exception: The ZGRiRg BeaF J of Appeals- Land Use Commission may recommend
approval of, and the City Council may grant a special use permit for a needed
additional hospital use notwithstanding a temporary existing or expected
noncompliance with the off street parking requirements in Chapter 16 of this Title,
so long as the plan is specified for compliance within a reasonable period of time.
(D) Additional Requirements And Restrictions: The ZORORg Board of Appeals Land use
Commission shall report to the City Council its findings and recommendations in
writing. The ZeniRg Board of Appealsk Land Use Commission may recommend, and
the City Council may require such additional conditions as are deemed necessary
for the protection of the public interest, including dates for initiation and completion
of the use.
SECTION 67: City Code Section 6-15-11-4 "Relationship to Planned
Developments" of the Evanston City Code of 2012, as amended, is hereby further
amended as follows:
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6-15-11-4. RELATIONSHIP TO PLANNED DEVELOPMENTS.
Whenever a planned development application, filed pursuant to Section 6-3-6 of
this Title, pertains to a historic landmark or is wholly or partially located within an
officially designated historic district it shall be first referred to the preservation
commission for its review and recommendation. The PlaR Land Use
Commission shall be granted the discretionary power to grant relief from certain
planned development requirements to allow greater flexibility and to ensure
preservation of a historic district. Such relief shall be granted subject to guidance by the
preservation commission.
SECTION 68: City Code Section6-15-12-3 "Designation of the Overlay
District" of the Evanston City Code of 2012, as amended, is hereby further amended as
follows:
6-15-12-3. DESIGNATION OF THE OVERLAY DISTRICT.
The City Council may, upon the recommendation of the PlaR Commicd;9-R-Land
Use Commission and in accordance with the procedures for amending the Zoning Map
set forth in Chapter 3 of this Title, designate an area as an oRE district.
SECTION 69: City Code Section 6-15-13-2 "Procedure for District
Designation" of the Evanston City Code of 2012, as amended, is hereby further
amended as follows:
6-15-13-2. PROCEDURE FOR DISTRICT DESIGNATION.
(A) The City Council may, upon the recommendation of the Pion COMMiooiOn Land
Use Commission and in accordance with the procedures for amending the Zoning
Map set forth in Chapter 3 of this Title, designate any area carrying the following
zoning district designations as an oRD district: 01, 11, 12, C1, C2, B2, B3, D2, D3,
and D4.
(B) Any oRD district designated by the City Council shall be known as an overlay to the
underlying zoning district with the designation oRD on the Zoning Map.
SECTION 70: City Code Section 6-15-13-7 "Permitted Uses" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-15-13-7. PERMITTED USES.
The permitted uses for the oRD district shall be as follows:
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(A) Any use listed as permitted in the underlying base zoning district.
(B) Dwellings - multiple -family (when not more than thirty percent (30%) of a
planned development site, excluding affordable housing, as determined by the
PlaR Commicr-✓.Land Use Commission. In no case, however, shall the total
housing area, including affordable housing and other housing, exceed sixty
percent (60%) of the site).
(C) Mixed use development.
(D) Retail goods/services establishment, when located on the ground floor.
SECTION 71: City Code Section 6-15-13-9 "Bulk Requirement Subject to
Change" of the Evanston City Code of 2012, as amended, is hereby further amended as
follows:
6-15-13-9. BULK REQUIREMENT SUBJECT TO CHANGE.
The following bulk requirements may vary beyond those established for the
underlying base zoning district if approved by the Dian GeMMicci„n Land Use
Commission pursuant to the procedures for planned development set forth in Section 6-
3-6 of this Title:
(A) Floor area ratio (FAR), if applicable.
(B) Maximum building height.
(C) Yards.
SECTION 72: City Code Section 6-15-13-10 "Coordination with Relevant
Plans" of the Evanston City Code of 2012, as amended, is hereby further amended as
follows:
6-15-13-10. COORDINATION WITH RELEVANT PLANS.
The Plan Gommicr✓sr}Land Use Commission shall, in arriving at its
recommendation, consider the adopted Comprehensive General Plan, as amended, this
Zoning Ordinance, and any other adopted land use or urban design plans relevant to
the specific site. The PlaR SommiosiapLand Use Commission shall, at the time of
forwarding its recommendations to City Council, forward any recommendation
pertaining to the specific site, contained in the Comprehensive General Plan, and any
adopted land use or urban design plan.
SECTION 73: City Code Section 6-15-13-11 "Incentive System" of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
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6-15-13-11. INCENTIVE SYSTEM.
In order to encourage and attract facilities and amenities which are of public benefit
and deemed desirable by the PlaR Commioci9p l-and Use Commission and City
Council, a system of incentives shall be available to all applicants for a building permit
within the oRD district. The incentives provide for incremental increases in floor area
ratio (FAR) and building height in exchange for the inclusion of one (1) or more public
benefit features as determined, from time to time, by the City Council.
(A) Public Benefit Features:
1. Inclusion of nonexclusive childcare/adultcare in building.
2. Inclusion of below -grade public parking facility.
3. Inclusion of public parking spaces over and above what is required by the
Ordinance.
4. Inclusion of street level landscape garden, plaza or park available for public
use.
5. Inclusion of fifteen percent (15%) affordable housing units of residential total
(affordable housing to be defined from time to time by the Evanston Housing
and Homelessness Commission).
6. Inclusion of special access features or provisions to existing or planned public
transit facilities.
7. Inclusion of a mixed use development plan where no single use exceeds eighty
percent (80%) of the total floor area.
8. Public art.
For the purposes of this district, public benefit features are not considered to be the
principal use on a zoning lot, but rather an accessory feature or use complementary
to the principal use(s) whether they be permitted uses or special uses. Works of art
and their locational setting shall require approval by the Evanston Arts Commission.
(B) Application For Incentives: FAR incentive shall be applied for as part of the planned
development approval procedures set forth in Section 6-3-6 of this Title. The
applicant shall include within the planned development application a request for
such FAR/height incentive and detail the following: type, size, location in the
proposed project, the design, an operational, maintenance and management plan,
and the nature of public access to and/or availability of such public benefit features.
(C) Standards For The Granting Of Incentives: The City Council shall, upon
recommendation from the PlaR Commicr✓.Land Use Commission, decide in each
case whether the proposed public benefit feature(s) proposed has sufficient merit to
justify the granting of an FAR/height incentive. In reviewing bonus proposals, the
Plan Commicr✓.GR Land Use Commission and City Council shall consider the
degree to which the following standards are met by the proposed public benefit
feature(s) within the overall context of the principal use(s) in which the proposed
public benefit features are offered:
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The size or capacity of the facility, feature, or provision.
2. The degree to which the location of the facility or feature within the structure, or
on the site of which it is part, enhances the environment of the zoning district of
which it is part, the street frontage where it is to be located and the zoning lot
itself.
3. The degree of public accessibility to the facility or feature given its location and
the specific nature and function of the public benefit feature.
4. The quality of design of the facility or feature in the context of the principal use
of the zoning lot, the location of said zoning lot in the overlay redevelopment
district, adjacent properties and uses, the use and street frontage character of
the zoning lot, the purpose of the underlying base zoning district, said zoning
lot within, and the policies, designs and plans of the City.
5. The degree to which the facility or feature enhances and protects the
environment of the overlay redevelopment district including such elements as
air quality, noise reduction, wind effect, temperature moderation, views,
pedestrian environment, landscaping and areas for relaxation, and the
enjoyment of the City's historic resources.
6. The degree to which the facility or feature lessens automobile traffic congestion
and supports car-pooling, public transit, pedestrian and bicycle usage.
7. The degree to which the facility or feature increases the availability of quality
employment opportunities to residents of the City.
8. The degree to which the facility or feature enhances the economy of the City.
9. The degree to which the facility or feature provides for or incorporates social
services for the residents of the City such as, but not limited to, child daycare,
counseling services, or adult daycare.
10. The degree to which the facility or feature provides for and protects the public
health, welfare, and safety of residents, and employees, and the visitors to the
City.
The City Council may find that the degree to which any of the above standards are
met are not sufficient to grant an incentive and may deny the incentive being
sought by the applicant.
(D) Limitation On Incentives: The City Council may grant, upon recommendation of the
MaR GOMMicciGR Land Use Commission, a fixed increase over the standards
provided for each underlying base district. That increase may be either a
percentage increase in allowable floor area ratio (FAR) or an increase in allowable
building height, or both.
To protect the scale and functional capacity of the potential redevelopment areas of
the City, an aggregate maximum floor area ratio and an aggregate maximum
building height are provided for each zoning district that can be designated as an
oRD district. These maximums are listed in Table 15-A of this Section. In no case
shall the total exceed these listed maximum values.
:=
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SECTION 74: City Code Section 6-16-2-8 "Design and Maintenance" of
the Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-16-2-8. — DESIGN AND MAINTENANCE.
Parking lots and areas shall be designed to ensure safe and easy ingress, egress, and
movement through the interior of the lot. The number of curb cuts onto major roads
should be minimized. Parking lot islands should be provided on the interior of the
parking lot to help direct traffic flow and to provide landscaped areas within such lots.
Parking lots shall be designed in accordance with the guidelines contained in the
Manual of Design Guidelines to be prepared by the Dion Commission Land Use
Commission and adopted by the City Council. Such guidelines shall address:
- Minimum distances between curb cuts;
• Proximity of curb cuts to intersections;
• Provisions for shared driveways;
• Location, quantity and design of landscaped islands; and
- Design of parking lot interior circulation system.
(A) Plan: The design of parking lots or areas shall be subject to the approval of the
Design and Project Review Committee, in accordance with standards set forth in the
Manual of Design Guidelines and any additional standards established by the Zoning
Administrator.
(B) Landscaping and Screening: Landscaping and screening shall be provided in
accordance with the requirements of Chapter 17, "Landscaping and Screening," and
the landscape standards for parking lots set forth in the Manual of Design Guidelines.
(C) Lighting. Where a parking area or parking lot is illuminated fixed lighting shall be
arranged to prevent direct glare beams onto any public property, including streets and
any adjoining private property.
(D) Signs: Accessory signs shall be permitted on parking areas in accordance with the
provisions specified in the Sign Ordinance of the City.
(E) Parking Lot Surface: All open parking areas or lots shall be improved in
accordance with regulations applicable to driveway pavement thickness contained in
Subsection 7-3-8(C) of the Evanston City Code.
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SECTION 75: City Code Section 6-17-2-2 "Manual of Design Guidelines"
of the Evanston City Code of 2012, as amended, is hereby further amended as follows:
6-17-2-2. MANUAL OF DESIGN GUIDELINES.
The PlaRGommioc4e-R-Land Use Commission shall prepare a Manual of Design
Guidelines for review and approval by the City Council that shall be a separate
document from this Ordinance. The manual shall include detailed landscape design
guidelines to assist developers in the preparation of landscape plans and the Design
and Project Review Committee in its review of landscape plans. The detailed design
guidelines contained in the manual shall guide the Design and Project Review
Committee in its implementation of the general landscape guidelines set forth in this
Chapter 17, "Landscaping and Screening."
The scope of landscaping guidelines that shall be contained in the Manual of
Design Guidelines is set forth in Section 6-17-2-3 below.
SECTION 76: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 77: All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 78: This ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
SECTION 79: If any provision of this Ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this Ordinance that can be given effect
without the invalid application or provision, and each invalid application of this
Ordinance is severable.
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Introduced: June 13 12022 Approved:
Adopted: June 27 12022 June 29 , 2022
Isancel &jj
Daniel Biss, Mayor
Attest: Approved as to form:
XiMdaj 6. Cgmmz*
Stephanie Mendoza, City Clerk Nicholas E. Cummings, Corporation
Counsel
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MEETING MINUTES EXCERPT
City of
Evanston LAND USE COMMISSION
Wednesday, April 13, 2022
7:00 PM
Lorraine H. Morton Civic Center, 2100 Ridge Avenue, James C. Lytle City Council
Chambers
Members Present: George Halik, Brian Johnson, Jeanne Lindwall, Kiril Mirintchev,
Max Puchtel, Matt Rodgers, Kristine Westerberg
Members Absent: Myrna Arevalo, Violetta Cullen, John Hewko
Staff Present: Melissa Klotz, Meagan Jones, Katie Ashbaugh, Alexandra Ruggie
Presiding Member: Matt Rodgers
B. Public Hearing: Text Amendment I Omnibus Text Amendment 122PLND-
0021
City -initiated Text Amendment to the Zoning Ordinance, Title 6 of the City Code,
for an Omnibus Text Amendment Package relating to the following:
1. Redact all mentions of the Zoning Board of Appeals and Plan Commission
(Title 6) and replace with the Land Use Commission in accordance with
Section 2-19 of the City Code and Ordinance 92-0-21.
2. Update ADA Parking Regulations (Section 6-16) to follow current
regulations of the Americans with Disabilities Act Standards for Accessible
Design and use appropriate wording.
3. Move the Sign Code (Section 4-10) from the Building Ordinance (Title 4) to
the Zoning Ordinance (Title 6), establish variation regulations so that sign
variations are no longer determined by the DAPR Committee, and establish
regulations relating to billboards.
4. Move the Subdivision Code (Section 4-11) from the Building Ordinance
(Title 4) to the Zoning Ordinance (Title 6) and update requirements and
procedures to current practices.
5. Establish clear Planned Development Standards for Approval similar to
Variation and Amendment Standards (Section 6-3).
6. Update requirements and procedures for Planned Developments, including
Neighborhood Meeting and Pre -Application steps, to current practices
(Section 6-3-6).
7. Add Automobile Body Repair Establishment as an eligible Special Use in
the 11 Industrial/Office District (Section 6-14-2).
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The Land Use Commission makes a recommendation to the City Council, the
determining body for this case in accordance with Section 6-3-4 of the Evanston
Zoning Code and Ordinance 92-0-21.
Chair Rodgers shared that he spoke with staff and the intention is to do omnibus on a
quarterly basis as needed.
Ms. Klotz read the agenda item into record and provided a brief background on the
overall text amendment; she then went through each specific item.
Item 1
Ms. Klotz provided an explanation of this item. There was no discussion.
Item 2
Ms. Klotz provided a summary of this item stating intention to have regulations match
current ADA regulations which is updated and is better policy.
Commissioner Mirintchev asked for clarification on code wording still using
"handicapped" versus "accessible". Ms. Klotz responds that the code would only
reference ADA compliance.
Item 3
Ms. Klotz provided a summary. Ms. Ashbuagh is now staff's sign reviewer, and the
proposed amendment is not changing regulations, just moving them into Zoning Code
and establishing minor/major variation processes for signs that do not meet the code.
She then stated that staff looked back at the previous 5 years of sign variations and is
proposing thresholds for minor variations for wall and blade sign height and/or area to
be no more than 35%, similar to what other existing minor variations are subject to. If a
sign is significantly above that threshold it would be brought to the Commission for
review.
Commissioner Lindwall clarified that the regulations within the packet existing and
references would be updated. Ms. Klotz confirmed.
Commissioner Westerberg asked if sign variations currently go to DAPR for review. Ms.
Klotz confirmed this has been the case then added that there is a referral from City
Council to look at modifying the DAPR Committee. Depending on how that goes it may
change where sign reviews go to, specifically if DAPR becomes a closed meeting.
Commissioner Halik expressed that he was disturbed at the possible elimination of
DAPR, explaining that they provide a service that the Commission does not.
Commissioner Lindwall agreed explaininging that the Comprehensive Plan is clear on
the need for this type of Committee and it provides an important function.
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Commissioner Halik asked if DAPR doesn't do the review who would; it would change
the Commission's purview. Ms. Klotz responded that this and other concerns of the
Commission are being taken into consideration.
Commissioner Johnson clarified if this item would be both moving the sign code and
possibly adding billboard regulations into the code. Ms. Klotz confirmed this to be the
case.
Item 4
Ms. Klotz explained that this item is a referral from the City Council to regulate
billboards throughout the city and was discussed at a previous Commission meeting.
She stated that staff is proposing that billboards be a Special Use in all districts should it
move forward. She added that If there is significant concern, staff recommended pulling
this item out for a separate discussion. Chair Rodgers stated this was discussed as the
plan for this item; other things move forward with an accompanying denial for things the
Commission does not agree with.
Commissioner Lindwall expressed that she has a big problem with billboards. Chapter
13 of the Comprehensive Plan has an explicit policy to eliminate billboard
advertisements. Moving to allow billboards is not consistent with the plan. Purpose of
sign controls is to reduce visual clutter while allowing businesses to advertise, but a big
issue is safety. There are only 4: on Green Bay Road. Some on the Chicago side of
Howard. Drivers in Evanston need to be careful, do not want to create an attractive
nuisance. Also need to look at the notion of not impacting adjacent properties. Should
not be looking to enrich one property at the expense of a neighbor. Commissioner
Lindwall then suggested a discussion with the Clty Council. Commissioner Halik
agreed, saying the Commission made a strong recommendation against billboards and
if it comes back before the Commission, that can be done again.
Commissioner Johnson agreed and asked about the best route forward. Rodgers does
not think Evanston is appropriate for billboards and used Central Street as an example.
Lindwall gave Chicago Avenue as an example. Halik agreed, saying it speaks to the
character of the community as well. Mirintchev suggested adding language that says no
billboards are allowed in Evanston.
Ms. Klotz asked if there was an appetite of the Commission for wall mounted billboards
rather than freestanding. Chair Rodgers responded that he thinks the wall mounted
signs are what the Commission is really thinking of. There are some businesses with
their names on the side of buildings but those are more signs that fall under the sign
regulations and not true billboards which could be allowed
Commissioner Puchtel expressed the same sentiment as other Commissioners and
asked if item 3 would need to be held. Chair Rodgers responded that the Commission
could pull billboards out of that discussion and move the rest forward.
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Commissioner Lindwall stated that there is no definition that regulates how big the
billboard could be which would need to be included in regulations. Also, in general
billboards regulations need to be content neutral and cannot be regulated much outside
of prohibiting obscene or pornographic ads. In business signs, more than likely the
signage will relate to the business and likely not be as potentially problematic. There
could be more messaging on billboards that someone driving by could deem offensive.
Item 4
Ms. Klotz provided a summary of this item which would move the subdivision
regulations into zoning code where most communities have them. Planning and Zoning
staff handles the subdivision process and variations come to the Land Use Commission.
The amendment would codify actual steps in the process so that it is clear to the
community. There was no further discussion on this item.
Item 5
Klotz provided a summary explaining that in the review process for planned
developments, there are a large number of standards and many are more general
guidelines and requirements than they are standards. Proposed standards would be
more similar to those of special uses, variations or amendments. It is a policy change
but the wording is very similar to that of other standards that currently exist.
Chair Rodgers requested an explanation of standard 6 as it was his understanding that
public benefits had to be near the development versus city wide. Ms. Klotz stated that
this is correct and this standard was pulled from major variations and was left general
as there are some benefits that benefit the entire city such as on -site affordable
housing. Chair Rodgers wanted the language to be clear so that developers are clear
on what can and can't be done. Ms. Klotz responded that staff makes this clear to
applicants when reviewing projects.
Commissioner Lindwall stated that City Council has reserved the right to review and
negotiate the public benefits and it is not in Commission's purview. She then asked if
the proposed amendment would change that. Ms. Klotz responded that Commissioner
Lindwall was correct in that the negotiations of public benefits are not in the
Commission's purview but that this reference is not listed to go through each listed
public benefit but to gauge their general appropriateness.
Commissioner Westerberg stated that the language in the first standard around
potential impact is broad and can give a lot of room to the developer. Commissioner
Halik expressed that he has a problem with standard 4 due to developers not really
having a hardship and that it is incompatible with standard 1. Chair Rodgers gave the
example of a ziggurat setback being a hardship on most lots; any development is going
to have an impact, and with standard 1, maybe wording is not right but the idea is to not
max out everything. Halik and Westerberg reiterated their concerns regarding impact
and reasonable expectations. Commissioner Lindwall stated that there is a window of
base zoning with additional building potential from site development allowance.
Additional discussion continued with additional concerns being expressed on being able
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to approve or deny a project with conflicting standards, what would be considered a
hardship, and the need to have a practical application of zoning regulations for the real
world.
Chair Rodgers asked if there was a way to modify standard 4, referencing that standard
number 5 for major variations- no additional income unless a public benefit offsets it. It
could be used to tweak the language surrounding potential hardship.
Commissioner Halik mentioned that the public comment letter provided on this item
mentioned that the existing public benefits are vague and that he believes being more
specific is the way to go. Chair Rodgers pointed out that a potential problem with very
specific public benefits is that good projects may die because they don't meet them and
ties the Commission's hands.
Commissioner Lindwall agreed that standards would be helpful. She suggested going
forth with this list and reserving the option to tweak them after some time.
Commissioner Westerberg expressed concern with standard 1 and requested that
stronger language be included. A brief discussion followed with Commissioner Lindwall
suggesting "within the scope of the applicable site development allowances" and there
being general agreement. Commissioner Lindwall suggested keeping standard 4 as it
is currently proposed and see how it goes. General discussion followed with agreement
to remove 4 and bring it back with the next omnibus. Ms. Klotz then clarified that Special
Use standards still apply to planned developments
There was general agreement to keep standard 1 with edits, strike 4, edit standard 5 as
it relates to standard 8 for special uses and change "environmental" to "climate" or
11sustainability".
Item 6
Klotz provided a summary of the proposed changes. Commissioner Lindwall noted that
for step 7, it is important to continue having the DAPR Committee as a staff review
Committee.
Item 7
Ms. Klotz provided a brief summary of what was proposed and why. Chair Rodgers
stated that it makes sense to be able to do both auto repair and auto body repair,
especially as there is more likely to be toxic issues dealing with oils and fluids. Most
people doing both illegally likely do not realize that they cannot do both.
Commissioner Puchtel asked why auto body repair was not originally included. Ms.
Klotz responded that that is largely lost history but is likely due to the painting of
vehicles needing a painting bay with proper exhaust in order to prevent fumes. Chair
Rodgers
Ms. Klots stated that we are in danger of zoning out these types of uses out of industrial
districts due to loss of its industrial properties and zoning districts. Chair Rodgers
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cautioned that when uses are reviewed to operate within industrial districts that the
Commission make sure they are not taking up spaces for actual industrial uses that can
only operate in these districts.
Public Comment
There were no members of the public wishing to provide testimony. The record was
then closed.
Deliberations
The Commission then reviewed the standards for text amendments
1. Met
2. Met (with removal of billboards from possible regulations)
3. Met
4. Met
Commissioner Puchtel motioned to approve the proposed omnibus amendment with the
following changes: In item #3 - not adding provisions for billboards into the sign
regulations for their placement; and in item #5 — changing proposed standard 1 to
read: "The requested Site Development Allowance(s) will not have a substantial
adverse impact on the use, enjoyment or property values of adjoining properties
that is beyond a reasonable expectation given the scope of the applicable site
development allowances.", striking the proposed standard 4, and changing
"environmental" in proposed standard 5 to "sustainability" or "climate". A roll
call vote was taken and the motion was approved, 7-0.
Chair Rodgers suggested that Commissioners write a note to the Council regarding
their concerns and that he would make a point to the P&D meeting to share those
concerts in person. Commissioner Lindwall suggested that the Commission have a
discussion with Council, referencing the Comprehensive Plan explicitly stating that they
be prohibit and that the appropriate time to consider billboards would be during the
revision of the Comprehensive Plan
Commissioner Lindwall made a motion to continue to prohibit billboards in the
City of Evanston (emphasizing that the Commission's reasons be shared with
City Council). Seconded by Commissioner Puchtel. A roll call vote was taken and
the motion was approved, 7-0.
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