HomeMy WebLinkAboutORDINANCES-2015-020-O-15Effect ve, D;at'e.: April 25, 2015 2/17/2015
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AN ORDINANCE
Amending the Text of the Zoning Ordinance by Enacting a New
Section 6-15-17, °ioDM Dempster -Main Overlay District"
WHEREAS, the City of Evanston is a home -rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt ordinances and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970,
which states that the "powers and functions of home rule units shall be construed
• liberally," was written "with the intention that home rule units be given the broadest
powers possible" (Scadron v. City of Des Plaines, 153 111.2d 164); and
WHEREAS, it is a well -established proposition under all applicable case
law that the power to regulate land use through zoning regulations is a legitimate means
of promoting the public health, safety, and welfare; and
WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston
City Code of 2012, as amended, ("the Zoning Ordinance"); and
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WHEREAS, on June 11, 2014, November 12, 2014, and February 11,
2015, the Plan Commission held a public hearing, pursuant to proper notice, regarding
case no. 14PLND-0045 to consider amendments to the text of the Zoning Ordinance, to
create a new overlay zoning district known as the "oDM Dempster -Main Overlay
District;" and
WHEREAS, the Plan Commission received testimony and made findings
pursuant to Section 6-3-4-6 of the Zoning Ordinance and recommended City Council
approval thereof; and
WHEREAS, at its meeting of March 23, 2015, the Planning and
Development Committee of the City Council considered and accepted the findings and
recommendation of the Plan Commission in case no. 14PLND-0045 and recommended
• City Council approval thereof; and
WHEREAS, at its meetings of March 23, 2015 and April 13, 2015, the City
Council considered and adopted the record and recommendation of the Planning and
Development Committee; and
WHEREAS, it is well -settled law that the legislative judgment of the City
Council must be considered presumptively valid (see Glenview State Bank v. Village of
Deerfield, 213 III.App.3d 747) and is not subject to courtroom fact-finding (see National
Paint & Coating Assn v. City of Chicago, 45 F.3d 1124),
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
• incorporated herein by reference.
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• SECTION 2: The Zoning Ordinance is hereby further amended by the
enactment of a new Section 6-15-17 thereof, "oDM Dempster -Main Overlay District," to
read as follows:
6-15-17: oDM DEMPSTER-MAIN OVERLAY DISTRICT
6-15-17-1: PURPOSE STATEMENT:
The purpose of the oDM Dempster -Main Overlay District is to preserve the existing
character of the two traditional neighborhood -oriented business districts near the
Dempster Street and Main Street CTA Stations. The intent of the oDM Dempster -Main
Overlay District is to sustain and encourage a healthy mix of uses with diverse, unique,
small scale, pedestrian -oriented retail shops, services and restaurants serving the
needs of surrounding residents and visitors.
6-15-17-2: DESIGNATION OF OVERLAY DISTRICT:
The oDM Dempster -Main Overlay District shall be designated by the City Council and
shown as an overlay to the underlying Zoning Districts with the designation "oDM" on
the City Zoning Map cited in Section 6-7-2 of the Zoning Ordinance.
• 6-15-17-3: APPLICATION OF OVERLAY DISTRICT:
Any property located within the oDM District shall retain its original Zoning District
designation and shall gain the additional designation of the oDM District. The
provisions of this Section 6-15-17 shall serve as a supplement to the regulations of the
underlying District and the entirety of the Zoning Ordinance. Where a conflict exists
between the provisions of this Section 6-15-17 and those of the underlying Zoning
District and/or the rest of the Zoning Ordinance, this Section shall control.
6-15-17-4: PERMITTED USES:
The permitted uses for the oRD district shall be as follows:
(A) Any use listed as permitted or special in the underlying base zoning district,
except office and financial institution uses located on the ground floor. This
exception supersedes any permitted uses identified in the underlying zoning
district.
6-15-17-5: ADDITIONAL SPECIAL USES:
In addition to all special uses permitted in the underlying district, the following uses are
allowed as a Special Use:
• A) Office (located on the ground floor).
B) Financial Institution (located on the ground floor).
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• 6-15-17-6: NONCONFORMING USES:
Every lawfully existing Use rendered nonconforming by this Section 6-15-17 may
continue to operate pursuant to the provisions of Chapter 6 of the Zoning Ordinance.
SECTION 3: Section 6-7-1(H) of the Zoning Ordinance is hereby
amended to include the following:
oDM Dempster -Main overlay district
SECTION 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 5: 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 provision or invalid
application of this ordinance is severable.
SECTION 6: This ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner provided by law.
SECTION 7: 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.
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Introduced: , \Q�� 0� J 2015 Approved:
Adopted: �(' 1 ` 1 , 2015 Aw\1 o 12015
EN26 eth B. Tisdahl, Mayor
Attest: Approved as to form:
Rodney Grep6e, Cityelerk C� W. Grant Farrar, orporation Counsel
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