HomeMy WebLinkAboutORDINANCES-2016-049-O-16Effective Date: August 11, 2016 4/21/2016
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AN ORDINANCE
Amending Various Parts of Title 6, Chapter 3 of the Evanston City Code
Modifying Notice Requirement Provisions
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Subsection 6-3-4-6(C) of the Evanston City Code of
2012, as amended, is hereby further amended to read as follows:
(C) Mailed Notices Required for Redistricting or Rezoning: Notice shall also be given
by the applicant by first class mail to all property owners within a five -hundred -
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 submit to the City an affidavit certifying
that the he/she has complied with this Subsection. The failure of delivery of such
notice, however, shall not invalidate any such amendment. 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, as well as any continuances of the
same hearing, if any.
SECTION 2: That Subsection 6-3-5-7(C) of the Evanston City Code of
2012, as amended, is hereby further amended to read as follows:
(C) Mailed Notices Required: Notice shall also be given by the applicant by first class
mail to all property owners within a five -hundred -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 submit to the City an affidavit certifying that the
applicant has complied with this Subsection. The failure of delivery of such
notice, however, shall not invalidate any such amendment. Such notice shall be
sufficient notice for the initial hearing. Subsequent notices are not required for
continuances of a hearing, if any.
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SECTION 3: That Subsection 6-3-5-16(C) of the Evanston City Code of
2012, as amended, is hereby further amended to read as follows:
(C) Mailed Notices Required: Notice shall also be given by the applicant by first class
mail to all property owners within a five -hundred -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 submit to the City an affidavit certifying that the
applicant has complied with this Subsection.
SECTION 4: That Subsection 6-3-6-8(C) of the Evanston City Code of
2012, as amended, is hereby further amended to read as follows:
(C) Mailed Notices Required: Notice shall also be given by the applicant by first class
mail to all property owners within a one -thousand -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 submit to the City an
affidavit certifying that the applicant has complied with this Subsection. The
failure of delivery of such notice, however, shall not invalidate any such hearing.
Such notice shall be sufficient notice for the initial hearing. Subsequent notices
are not required for continuances of a hearing, if any.
SECTION 5: That Subsection 6-3-6-12(C) of the Evanston City Code of
2012, as amended, is hereby further amended to read as follows:
(C) Major Adjustments: Any adjustment to the approved development plan not
authorized by Subsection (B) of this Section, shall be considered to be a major
adjustment. The Plan Commission following Notice given by the applicant by first
class mail to all property owners whose properties are located within a one -
thousand -foot radius of the property boundary of the planned development, may
approve an application for a major adjustment to the development plan not
requiring a modification of written conditions of approval or recorded easements
upon finding that any changes in the plan as approved will be in substantial
conformity with such development plan. The applicant must submit to the City an
affidavit certifying that the applicant has complied with this Subsection. Such
notice shall be sufficient notice for the initial hearing. Subsequent notices are not
required for continuances of a hearing, if any. If the commission determines that
a major adjustment is not in substantial conformity with the final development
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plan as 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 6: That Subsection 6-3-7-5(D) of the Evanston City Code of
2012, as amended, is hereby further amended to read as follows:
(D) Mailed Notices Required: Notice shall also be given by the applicant 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 submit to
the City an affidavit certifying that the applicant has complied with this
Subsection. 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.
SECTION 7: That Subsection 6-3-8-10(A) of the Evanston City Code of
2012, as amended, is hereby further amended to read as follows:
(A) Mailed Notices Required: Notice shall also be given by the applicant by first class
mail to all property owners within a five -hundred -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 submit to the City an
affidavit certifying that the applicant has complied with this Subsection. 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.
SECTION 8: 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 Complied Statues and the courts of the State of Illinois.
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SECTION 9: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 10: This ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner provided by law.
SECTION 11: If any provision of this ordinance or application thereof to
any person or circumstance is ruled 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 provision or invalid
application of this ordinance is severable.
Introduced:
Adopted: �7- W-u a►c)
Atte
*Gre,
RoneyCity Clerk
, 2016 Approved:
12016 �Ul OJT .1� , 2016
Eli eth B. Tisdahl, Mayor
Ap ed as to form:
,pmyW. Grant Farrar, Corporation Counsel
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