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HomeMy WebLinkAbout048-O-21 Amending Title 6, the Zoning Ordinance, to Eliminate the Substitution of Special Use Process4/19/2021 48-0-21 AN ORDINANCE Amending Title 6 of the City Code Concerning Administrative Review Use NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code Section 6-3-3-4, "Special Procedures In Connection With Combined Applications" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-3-3-4. - SPECIAL PROCEDURES IN CONNECTION WITH COMBINED APPLICATIONS. Whenever an application for a special use, unique use or an amendment will, in addition, require a variation, the applicant shall indicate that fact on the application where indicated and shall, at the time of filing the application for a special use, unique use, or amendment, as the case may be, file an application for a variation pursuant to Section 6-3-8-4. All required notices for the application for approval of the special use, unique use or amendment, as the case may be, shall include reference to the application for a variation. The initial hearing notice shall be sufficient notice for the initial hearing, as well as any continuances of the same hearing, if any. The variation application shall only be decided after a final decision has been reached with respect to the special use, unique use or amendment. Whenever an application for a special use. unique use, amendment, or variation is filed in connection with an administrative review use, the administrative review use shall process said application as a special use pursuant to Section 6-3-5-16 (C) "Combined Applications Prohibited". SECTION 2: 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: 48-0-21 6-3-9-8. - APPEALS FROM ZONING ADMINISTRATOR DECISIONS. The Zoning Board of Appeals 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 Zoning Board of Appeals may be filed not later than forty-five (45) calendar days following the action being appealed. SECTION 3: City Code Section 6-3-11, "Appeals" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-3-11. - APPEALS. (A) Except for Administrative Review Uses, which shall be appealable throuah the special use process pursuant to Section 6-3-5-16, A an appeal may be taken to the Zoning Board of Appeals 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 Zoning Board of Appeals. 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. SECTION 4: City Code Section 6-3-5-15, "Limitations on Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-3-5-15. - LIMITATIONS ON SPECIAL USES. (A) Subject to an extension of time granted by the City Council, no special use permit 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 thereafter diligently pursued to completion, or unless a certificate of occupancy is issued 4s-0-21 and a use commenced within that period or unless a longer time is requested and granted by the City Council. (B) The approval of a proposed special use by the City Council shall be deemed to authorize only that particular use at that particular location for which the special use was issued. (C) Except when otherwise provided in the ordinance for approving a special use, a special use shall be deemed to relate to, and be for the benefit of, the use and lot in question, rather than the owner or operator of such use or lot. Unless the new use is determined by the Zonina Administrator to be of areater intensitv than the existing approved special use, the ordinance aoprovina the existina special use shall apply to the new use pursuant to Section 6-3-5-15 (D). A new use that is determined to be of areater intensitv shall submit for a new special use pursuant to Section 6-3-5 "Special Uses". (D) Subject to an exception granted by the City Council, any special use shall automatically terminate and be rendered void, without further action by the City, if, for a continuous period of two (2) years, the land, structure, or portion thereof for which the City Council has granted said special use either becomes vacant and remains unoccupied, or is occupied for a use other than said special use. Subsequent to such termination, any use or occupancy of said land, structure, or portion thereof, shall comply with the then current use regulations of the zoning district wherein it is located. SECTION 5: City Code Section 6-3-5-16, "Substitution for an Existing Special Use" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: g 3_5-19 _ SUBSTITUTION ITION FOR AN EXISTING CDCNAI USE. r, purouant to hio authgFit„ to reRdeI F pFssedwrsc, ota n existing menial uce V ::bctituti3, 48-0-21 shall be posted on the pFopeFty subjeGt to the appliGatiGR or a minimum sfteR Zoning paFty 5 n„G a , ham' f�rslaGs mall t s pr©pa f ads, str tits, ago„6 and other public GwFc,nt tax asc a pursuant tq-th"6 elaSS mail yhere the 7eniny dMini6tre+gr finds if neoessaFy e oubstitE.it7tHief a"s'peGia use, the inniRg Administrat9r shall, by written ordeF, FeRder his that th2speGial substituteduse pFoposed to be is either�ilar in nature and intensity to the substantially different in nature, use. If the Zoning AdministFateF deteFmines the speGial use proposed to be suhsfituted is similar in satwe and intensity tg the existing sneGial use gnd grant the appl+sat+e n fe r-a use pFoposed to c .c ubstituted is substantially different in natures, intensity and a mpaGt fFGM the existing speGial use he shall deny the nnnlin finn fnr substituted for en existing special use s nt to this Centi ._. _.. ,......,.. .y .,r �.,.... w�E pur�ua En shall be required to meet thp1pa s da Fels for speGial uses a set fgrfh in Cention 6 3 G. 19 tv-rrl�c'l77"J. ".. �i Q I .�Q n a err ., for vv ,,, IV I-- this Chapter (H)Appeak AR appeal of the deG!SIGR of the ZGRing AdministFater may be taken to the . C96IRGOI, thFGugh itc, !ginning and deyelapMenf vvmmittee with � n__ten trator, in qFaRtiRS an apple pursuant tom€ 2 16 12- 9f this Chapter,- FequiFe 4s-0-21 u6e, shall also have the autheFity to modify any GenditiGRS imposed on anr-er that it }1 substitution of a special to hall he deemed to authorize only that paxt+cular 3 f a thw4zed CVnent Ogre- , vthev-r�vvi�c 'en i� Gu4„ =-------�- Dent on file in the offine of the Zoning A rt ntar 44 least onne a yeaF �- .-....._ ... _.._ _...-- - the _ �n�dminiruz���-o„ .. ,..w., .... ZGRi g Adm-ini. atsr chill make publiG a listing of has deGi6i ns, by addr, thS GUIrctitOi . (1=) Fees.- Fees f9F the substitutiOR ef a SpeGial 61se shall be as set forth in SeGtOOR 6- 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 Citv, as a whole, require a greater dearee of scrutinv and. review of site characteristics and imoacts 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, weiqhina, in each case, the public need and benefit against the local impact, qivina effect to the proposals of the aoplicant for ameliorating adverse impacts throuqh special site planning and development techniques based on the common. quidinq 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 scrutinv for the Zonina Administrator. Communitv Development Director. and Citv Manager or his/her/their designee to determine if a specific use in a given location is consistent with the Citv's goals and policies and designate approval with conditions, denial. or defer to the special use process for a public hearina with public notification and a final determination by the Citv Council. 48-0-21 (B) Applicable Uses. 1. Applicable uses shall be listed as administrative review uses in the underlvina zoninq district and/or overlav district. 2. All administrative review uses may process as a special use in the underlvina zonina district and/or overlav district if the determination by the Zonina Administrator. Communitv Development Director. and Citv Manaaer or his/her/their desianee is anv one of the followina: 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 mailina fees associated with the special use process pursuant to Section 6-3-5 "Special Uses". (C) Combined Applications Prohibited. Whenever in coniunction with an application for a special use, maior variation, amendment. uniaue use. planned development, or anv other form of zonina relief reauirina a final determination by the Zonina Board of Appeals or the Citv Council, an administrative review use is expressly prohibited and shall instead process as a special use with a final determination by the Citv Council pursuant to Section 6-3-5 "Special Uses". (D)Submission Reauirements. An aDDlicant for an administrative review use shall submit for a zonina analvsis to beqin the administrative review use pursuant tol6- 3-5-16 (E) "Review Procedure". (E) Review Procedure. The Zonina Administrator shall review the documents submitted and determine whether additional information is necessary to make a determination. Additional information that may be reauired prior to obtaining a recommendation by the Desian and Proiect Review Committee may include. but is not limited to, the followina: 1. Business Summary includina hours of operation and delivery Dlan 2. Public notification to adiacent properties or specific mailina area 3. EmDlovee and/or customer Darkina Dlan 4. Sustainability plan 4s-0-21 5. Noise mitiqation plan Additional documentation may continue to be requested until adequate information is provided to achieve a final determination pursuant to 6-3-5-16 (J) "Standards for Administrative Review Uses".. (F) Fees. An applicant for an administrative review use shall pav fees in connection with the submittal of the application for zoning analvsis in accordance with fee schedules adopted, from time to time, by the Citv Council upon recommendation of the Zoning Administrator. (G) General Notice and Opportunity to Comment. Pursuant to Section 6-3-5-16 (1) "DAPR Recommendation", the Desion & Project Review Committee's review discussion and recommendation shall serve as appropriate qeneral notice and opportunity to comment unless further notice is reauested bN/ the Zonina Administrator. (H) Conditions. The Zoning Administrator may impose such conditions and, limitations concerning use, construction, character, location, landscaping,, screening, parkinq and other matters relating to the purposes and objectives of this Ordinance upon the premises benefited by an administrative review use as, may be necessary or appropriate to prevent or minimize adverse effects upon, other propertv and improvements in the vicinity of the subiect property or upon public facilities and services. Such conditions shall be expressly set forth in the. Certificate of Zonina Compliance orantina the administrative review use. Violation of anv such condition or limitation shall be a violation of this Ordinance and shall, constitute grounds for revocation of the administrative review use pursuant to, Section 6-3-10-6 of this Chapter. Guidina conditions for consideration by the Zoninq Administrator may include the followina listed conditions historically imposed on such special uses by the Citv. Council prior to the effective date of this Ordinance, as well as any other conditions as are necessary and appropriate: 1) Tvpe 2 Restaurants: A. Hours of operation shall be appropriate for safety and noise, tvoically not to exceed 6am - midnight during the week, and 6am -1 am on weekends., B. Adherence to a sustainability plan that reauires litter pickup surrounding the subiect propertv, recvclinq, and encourages composting, use of tap water, and other environmentallv friendlv business practices. 48-0-21 C. Deliveries shall be appropriate for noise and traffic patterns, tvpically via the rear of property/allev or within a private parkina lot, and outside of rush-hour traffic timing. D. Emplovees restricted from usina on -street metered parkina. 2) Commercial Indoor Recreation, A. Hours of operation shall be appropriate for noise and parkinq demand, tvpically not to exceed 6am - 9om, 7 days a week. B. Use of amplified music is prohibited- or additional restrictions for soundproofinq and closinq windows and doors durinq amplified music use.. C. Emplovees restricted from usina on -street metered parkinq., 3) Office (around -floor) A. Hours of operation shall be appropriate for the surrounding neighborhood, tvpically not to exceed 8am - 9pm, 7 days a week. B. Emplovees restricted from usina on -street metered parkinq, and dedicated, parkinq/drop off required for medical office patrons. C. Active storefront required that may include a retail component, transparent, windows to customer lobbies, and murals where window coverings are, necessary. 4) Financial Institution (around -floor) A. Hours of operation shall not exceed lam - 9pm. 7 days a week. B. Emplovees restricted from usina on -street metered parkinq. C. Access to a 24-hour ATM for customer use.. Recommended conditions, as well as pertinent application details. shall be forwarded to the Desiqn & Proiect Review Committee pursuant to 6-3-5-16 (1) "DAPR Recommendation". (1) DAPR Recommendation. Anv administrative review use shall proceed to the, Desiqn & Proiect Review Committee, with conditions recommended bN1 the Zoninq Administrator. for review, discussion. and a recommendation to the. Zoninq Administrator. Communitv Development Director, and Citv Manaqer or his/her/their desiqnee for a final determination., DAPR review shall also serve as a method of aeneral public notification as anv administrative review use is published on a public notice of a meetinq and committee aqenda. 4s-0-21 (J) Standards for Administrative Review Use. Arne administrative review use proposed pursuant to this Section shall be reauired to meet the ceneral standards for administrative review uses. In considering an administrative review use, the Zonina Administrator, Community Development Director, and Cib/ Manaqer or his/her/their designee. may approve such administrative review use with conditions pursuant to Section 6-3-5-16 (H) only upon findina that the application complies with the standards set forth below 1. The Use shall not cause a negative cumulative effect on surrounding, properties or the immediate neighborhood. 2. The Use shall not interfere with or diminish the value of properties in the area. 3. The Use shall not cause undue traffic, parking conaestion or noise. 4. The Use shall comply with the purposes and policies of the adopted Comprehensive General Plan. 5. The Use shall be appropriate when considering the surrounding vacancv rate other and nearbv uses. The Zonina Administrator. Communitv Development Director and Citv Manaaer or his/her/their designee shall deny or defer to the special use process anv administrative review use that does not comply with the standards for administrative review use based on the documentation provided within the application. (K) Notification of Decision. The final determination and arny conditions for approval, shall be stated on a Certificate of Zoning Compliance and provided to the applicant. The final determination may be appealed through the special use, process pursuant to Section 6-3-5-16 (B) "Applicable Uses." SECTION 6: City Code Title 6, Chapter 9, "Business Districts" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-9-1. - GENERAL PROVISIONS. 6-9-1-1. - LAND USE INTERPRETATION. All applications for a permitted use. administrative review use or special use set forth in each zoning district shall be submitted to the Zoning Administrator for a use interpretation, pursuant to the standards and procedures set forth in Section 6-3-9 "Administrative Interpretations," of this Title. 48-0-21 6-9-1-2. - ACCESSORY USES AND STRUCTURES. Accessory uses and structures that are incidental to the permitted, administrative review uses and special uses in the business districts shall be permitted in the districts and yards specified in Section 6-4-6, "Accessory Uses and Structures," of this Title. SECTION 7: City Code Section 6-9-2, "B1 Business District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-9-2-2.5. -ADMINISTRATIVE REVIEW USES., The following uses may be allowed in the B1 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:, Restaurant - Type 2 SECTION 8: City Code Section 6-9-2-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-9-2-3. - SPECIAL USES. The following uses may be allowed in the B1 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Administrative review uses, pursuant to Section 6-3-5-16 (B) "Applicable Uses." Animal hospital. Aquaponics. Banquet hall. Bed and breakfast establishments. Boarding house. Business or vocational school. 48-0-21 Convenience store. Craft alcohol production facility. Daycare center —Adult. Daycare center —Child. Daycare center —Domestic animal. Dwelling —Multiple -family. Dwelling —Single-family detached. Food store establishment. Funeral services excluding on -site cremation. Government institutions. Kennel. Membership organization. Micro -Distillery. Open sales lot. Planned development. Public utility. Religious institution. Resale establishment. Residential care home —Category II. RestauFai# —Type 2L. Urban farm, rooftop. Uses permitted pursuant to Section 6-9-2-2 of this Chapter and this Section exceeding seven thousand five hundred (7,500) square feet. 48-0-21 SECTION 9: City Code Section 6-9-3, "B2 Business District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-9-3-2.5. -ADMINISTRATIVE REVIEW USES., The followina uses may be allowed in the B2 district, subiect to the provisions set forth. in Section 6-3-5-16. "Administrative Review Uses," of this Title:, Commercial indoor recreation Restaurant - Twe 2 SECTION 10: City Code Section 6-9-3-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-9-3-3. - SPECIAL USES. The following uses may be allowed in the B2 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Administrative review uses, pursuant to Section 6-3-5-16 (B) "Applicable Uses". Animal hospital. Aquaponics. Assisted living facility. Banquet hall. Boarding house. Business or vocational school. Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title). Commercial outdoor recreation. 48-0-21 Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title). Daycare center —Child (subject to the general requirement of Section 6-4-2, "Child Daycare Homes," of this Title). Daycare center —Domestic animal. Drive -through facility (accessory or principal). Dwelling —Multiple -family. Food store establishment. Funeral services excluding on -site cremation. Independent living facility. Kennel. Long-term care facility. Membership organization. Micro -Distillery. Open sales lot. Planned development (subject to Developments," of this Chapter and Title). Public utility. Resale establishment. the requirements of Section 6-9-1-9, "Planned Section 6-3-6, "Planned Developments," of this Residential care home —Category II (subject to the requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title). Rcctaurant T�2: 4s-0-21 Retirement home. Retirement hotel. Sheltered care home. Trade contractor (provided there is no outside storage). Transitional treatment facility —Category III (subject to the requirements of Section 6-4- 5, "Transitional Treatment Facilities," of this Title). Urban farm, rooftop. Uses permitted pursuant to Sections 6-9-3-2 of this Chapter and this Section exceeding twenty thousand (20,000) square feet. SECTION 11: City Code Section 6-9-4, "B3 Business District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-9-4-2.5. - ADMINISTRATIVE REVIEW USES., The followina uses may be allowed in the B3 district, subiect to the provisions set forth, in Section 6-3-5-16. "Administrative Review Uses," of this Title:, Restaurant - Tvpe 2. SECTION 12: City Code Section 6-9-4-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-9-4-3. - SPECIAL USES. The following uses may be allowed in the B3 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Administrative review uses. pursuant to Section 6-3-5-16 (B) "Applicable Uses." Animal hospital. Aq ua pon ics. Assisted living facility. 48-0-21 Automobile service station. Banquet hall. Boarding house. Business or vocational school. Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title). Commercial outdoor recreation. Commercial parking lots. Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title). Daycare center —Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title). Daycare center —Domestic animal. Drive -through facility (accessory or principal). Dwelling —Multiple -family. Food store. Funeral services excluding on -site cremation. Independent living facility. Kennel. Long-term care facility. Membership organization. Micro -Distillery. 4s-0-21 Open sales lot. Planned development (subject to the requirements of Section 6-9-1-9, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title). Public utility. Recording studio. Religious institution. Resale establishment. Residential care home —Category II (subject to the requirements of Section 6-4-4, "Residential Care Homes and Child Residential Care Homes," of this Title). Restaurant T1 Retirement home. Retirement hotel. Sheltered care home. Trade contractor (provided there is no outside storage) Transitional shelters (subject to the requirements of Section 6-3-5-11, "Additional Standards for a Special Use for Transitional Shelters," of this Title). Transitional treatment facility —Category III (subject to the requirements of Section 6-4- 5, "Transitional Treatment Facilities," of this Title). Urban farm, rooftop. SECTION 13: City Code Section 6-9-5, "B1 a Business District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-9-5-2.5 - ADMINISTRATIVE REVIEW USES. 4s-0-21 The followina uses may be allowed in the 131a district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title Commercial indoor recreation. Restaurant - Tvpe 2. SECTION 14: City Code Section 6-9-5-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-9-5-3. - SPECIAL USES. The following uses may be allowed in the B1 a business district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Administrative review uses, oursuant to Section 6-3-5-16 (B) "Applicable Uses". Animal hospital. Aquaponics. Banquet hall. Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title). Commercial outdoor recreation. Convenience store. Craft alcohol production facility. Daycare center —Adult. Daycare center —Child. 4s-0-21 Daycare center —Domestic animal. Drive -through facility (accessory or principal). Dwelling —Multiple -family. Food store establishment. Funeral services, excluding on -site cremation. Independent living facility. Kennel. Membership organization. Micro -Distillery. Planned development. Public utility. Resale establishment. Trade contractor (provided there is no outside storage). Urban farm, rooftop. Uses permitted pursuant to Section 6-9-5-2 of this Chapter and this Section exceeding twenty thousand (20,000) square feet. Vocational training facility. 48-0-21 SECTION 15: City Code Section 6-10-1, "General Provisions" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-10-1. - GENERAL PROVISIONS. 6-10-1-1. - LAND USE INTERPRETATION. All applications for a permitted use, administrative review use or special use set forth in each zoning district shall be submitted to the Zoning Administrator for a use interpretation, pursuant to the standards and procedures set forth in Section 6-3-9 "Administrative Interpretations," of this Title. 6-10-1-2. - ACCESSORY USES AND STRUCTURES. Accessory uses and structures that are incidental to the permitted, administrative review uses and special uses in the commercial districts shall be permitted in the districts and yards specified in Section 6-4-6 of this Title. SECTION 16: City Code Section 6-10-2, "Cl Commercial District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-10-2-2.5 -ADMINISTRATIVE REVIEW USES. The followinq uses may be allowed in the C1 district. subiect to the provisions set forth in Section 6-3-5-16. "Administrative Review Uses," of this Title: Restaurant - Tvr)e 2 SECTION 17: City Code Section 6-10-2-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-10-2-3. - SPECIAL USES. Administrative review uses, pursuant to Section 6-3-5-16 (B) "Applicable Uses". Animal hospital. 48-0-21 Aquaponics. Automobile repair service establishment. Automobile service station. Banquet hall. Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title). Car wash. Commercial outdoor recreation. Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3 of this Title). Daycare center —Child (subject to the general requirements of Section 6-4-2 of this Title). Daycare center —Domestic animal. Drive -through facility (accessory or principal). Funeral services excluding on -site cremation. Hotel. Kennel. Media broadcasting station. 48-0-21 Membership organization. Micro -Distillery. Open sales lot. Planned development (subject to the requirements of Section 6-10-1-9 of this Chapter and Section 6-3-6 of this Title). Resale establishment. ReJtwuraot Type-2- Trade contractor (provided there is no outside storage). Urban farm, rooftop. Wholesale goods establishment. SECTION 18: City Code Section 6-10-3, "C1a Commercial Mixed Use District' of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-10-3-2.5. -ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the C1a district, subiect to the provisions set forth in Section 6-3-5-16. "Administrative Review Uses," of this Title: Restaurant - TVDe 2 SECTION 19: City Code Section 6-10-3-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-10-3-3. - SPECIAL USES. The following uses may be allowed in the C1 a district, subject to the provisions set forth in Section 6-3-5 of this Title: 48-0-21 Administrative review uses. pursuant to Section 6-3-5-16 (B) "Applicable Uses". Animal hospital. Aquaponics. Assisted living facility. Banquet hall. Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title). Commercial outdoor recreation. Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3 of this Title). Daycare center —Child (subject to the general requirements of Section 6-4-2 of this Title). Drive -through facility (accessory only). Dwelling —Multiple -family. Food store establishment. Funeral services excluding on -site cremation. Independent living facility. Long-term care facility. 48-0-21 Media broadcasting station. Membership organization. Micro -Distillery. Open sales lot. Planned development (subject to the requirements of Section 6-10-1-9 of this Chapter and Section 6-3-6 of this Title). Recording studio. Resale establishment. Residential care home —Category I (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title). Residential care home —Category II (subject to the general requirements of Section 6-4- 4 of this Title). Restourant T�Te- Retirement hotel. Sheltered care home. Transitional shelter (subject to the requirements of Section 6-3-5-11 of this Title). Urban farm, rooftop. Wholesale goods establishment. SECTION 20: City Code Section 6-10-4, "C2 Commercial District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-10-4-2.5. -ADMINISTRATIVE REVIEW USES. 48-0-21 The followinq uses may be allowed in the C2 district, subiect to the provisions set forth in Section 6-3-5-16. "Administrative Review Uses," of this Title: Restaurant - Tvr)e 2 SECTION 21: City Code Section 6-10-4-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-10-4-3. - SPECIAL USES. The following uses may be allowed in the C2 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Administrative review uses, pursuant to Section 6-3-5-16 (B) "Applicable Uses". Animal hospital. Aquaponics. Automobile body repair establishment. Banquet hall. Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title). Car wash. Commercial parking garage. Commercial parking lot. Convenience store. Craft alcohol production facility. 48-0-21 Daycare center —Adult (subject to the general requirements of Section 6-4-3 of this Title). Daycare center —Child (subject to the general requirements of Section 6-4-2 of this Title). Daycare center —Domestic animal. Drive -through facility (accessory or principal). Hotel. Kennel. Media broadcasting station. Membership organization. Micro -Distillery. Open sales lot. Payday loan or consumer loan establishment (subject to the distance and general requirements set forth in Section 6-18-3, "Definitions," of this Title under "Payday Loan or Consumer Loan Establishment"). Planned development (subject to the requirements of Section 6-10-1-9, 'Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title). Resale establishment. Rcetaurant Ty Urban farm, rooftop. SECTION 22: City Code Section 6-11-1, "General Provisions" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 48-0-21 6-11-1. - GENERAL PROVISIONS. 6-11-1-1. - LAND USE INTERPRETATION. All applications for a permitted use, administrative review use or special use set forth in each zoning district shall be submitted to the Zoning Administrator for a use interpretation, pursuant to the standards and procedures set forth in Section 6-3-9 "Administrative Interpretations," of this Ordinance. 6-11-1-2. -ACCESSORY USES AND STRUCTURES. Accessory uses and structures that are incidental to the permitted, administrative review uses and special uses in the downtown districts shall be permitted in the districts and yards specified in Section 6-4-6, "Accessory Uses and Structures," of this Ordinance. SECTION 23: City Code Section 6-11-3, "D2 Downtown Retail Core District" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-11-3-2. - ACTIVE USE OF GRADE LEVEL. In recognition of the traditional retail character of the district and in order to preserve and enhance an economically vibrant downtown corridor that encourages retail as well as other complementary uses, all permitted ground -floor uses, as listed in Section 6-11- 3-3 "Permitted Uses," and all administrative review uses, as listed in Section 6-11-3-3.5 "Administrative Review Uses" shall promote pedestrian activity and/or encourage destination travel that brings more activity to the area. 6-11-3-3. - PERMITTED USES. The following uses are permitted in the D2 District: Artist studio. Brew pub. Commercial indoor recreation (when located above the ground floor). Cultural facility. 48-0-21 Dwellings (when located above the ground floor). Financial institution Jabove the ground floor Lr ii) at th8 gFOUnd fle wed thu; the-gFGURd floor is pri euntJ and rdehiVGrrerdit Garr) „cell Food store establishment. Funeral services excluding on site cremation. Government institution. Hotel. Membership organization. Office (when located above the ground floor). Residential care home —Category I (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title). Restaurant —Type 1. Retail goods establishment. Retail services establishment. SECTION 24: City Code Section 6-11-3, "D2 Downtown Retail Core District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-11-3-3.5 - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the D2 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses." of this Title: Commercial indoor recreation (at the qround floor) Financial institution (at the ground floor) Office (at the ground floor) 4s-0-21 Restaurant - Tvpe 2 SECTION 25: City Code Section 6-11-3-4, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-11-3-4. - SPECIAL USES. The following uses may be allowed in the D3 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Administrative review uses. pursuant to Section 6-3-5-16 (B) "Applicable Uses". Assisted living facility (when located above the ground floor). Banquet hall. Business or vocational school. Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title). Convenience store. Craft alcohol production facility. Daycare center —Child (subject to the general requirements of Section 6-4-2 of this Title). Educational institution —Private. Educational institution —Public. stail bankRg sel-Vises SUGh as Independent living facility (when located above the ground floor). Neighborhood garden. 0 4s-0-21 Open sales lot. Performance entertainment venue. Planned development (subject to the requirements of Section 6-11-1-10 of this Chapter and Section 6-3-6 of this Title). Religious institution. Resale establishment. Residential care home —Category II (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title). Restaurant Tenn 2 (evnlludiRg dFivo_thFough faGiR46 Urban farm, rooftop. SECTION 26: City Code Section 6-11-4, "D3 Downtown Core Development District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-11-4-2.5 -ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the D3 district, subiect to the provisions set forth in Section 6-3-5-16. "Administrative Review Uses." of this Title: Restaurant - Twe 2. SECTION 27: City Code Section 6-11-4-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended, as follows: 6-11-4-3. - SPECIAL USES. The following uses may be allowed in the D3 district, subject to the provisions set forth in Section 6-3-5 of this Title: Administrative review uses, pursuant to Section 6-3-5-16 (B) "Applicable Uses". Apartment hotel. 48-0-21 Assisted living facility (when located above the ground floor). Banquet hall. Business or vocational school. Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title). Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3 of this Title). Daycare center —Child (subject to the general requirements of Section 6-4-2 of this Title). Drive -through facility (accessory or principal). Educational institution —Private. Educational institution —Public. Independent living facility (when located above the ground floor). Neighborhood garden. Open sales lot. Performance entertainment venue. Planned development (subject to the requirements of Section 6-11-1-10 of this Chapter and Section 6-3-6 of this Title). Religious institution. 4s-0-21 Resale establishment. Residential care home —Category II (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title). Restaurant Tye Urban farm, rooftop. SECTION 28: City Code Section 6-11-5, "D4 Downtown Transition District" of the Evanston City Code of 2012, as amended, is hereby further amended, to add the following: 6-11-5-2.5 - ADMINISTRATIVE REVIEW USES. The followinq uses may be allowed in the D4 district, subiect to the provisions set forth in Section 6-3-5-16. "Administrative Review Uses," of this Title: Restaurant - Tvpe 2 SECTION 29: City Code Section 6-11-5-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended, to add the following: 6-11-5-3. - SPECIAL USES. The following uses may be allowed in the D4 district, subject to the provisions set forth in Section 6-3-5 of this Title: Administrative review uses. pursuant to Section 6-3-5-16 (B) "Applicable Uses". Assisted living facility (when located above the ground floor). Banquet hall. 48-0-21 Business or vocational school. Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title). Commercial parking garage. Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to, the general requirements of Section 6-4-3 of this Title). Daycare center —Child (subject to the general requirements of Section 6-4-2 of this Title). Drive -through facility (accessory or principal). Educational institution —Private. Educational institution —Public. Funeral services excluding on site cremation. Independent living facility (when located above the ground floor). Neighborhood garden. Open sales lot. 4s-0-21 Performance entertainment venue. Planned development (subject to the requirements of Section 6-11-1-10 of this Chapter and Section 6-3-6 of this Title). Religious institution. Resale establishment. Residential care home —Category II (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title). Ra,:aurant Type 2. Urban farm, rooftop. SECTION 30: City Code Section 6-12-1, "General Provisions" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-12-1. - GENERAL PROVISIONS. 6-12-1-1. - LAND USE INTERPRETATION. All applications for a permitted use. administrative review use or special use set forth in each zoning district shall be submitted to the Zoning Administrator for a use interpretation, pursuant to the standards and procedures set forth in Section 6-3-9 "Administrative Interpretations," of this Ordinance. 6-12-1-2. - ACCESSORY USES AND STRUCTURES. Accessory uses and structures that are incidental to the permitted, administrative review uses and special uses in the downtown districts shall be permitted in the districts and yards specified in Section 6-4-6, "Accessory Uses and Structures," of this Ordinance. 48-0-21 SECTION 31: City Code Section ,6-12-2, "RP Research Park District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-12-2-2.5. -ADMINISTRATIVE REVIEW USES. The followina uses may be allowed in the RP district, subiect to the provisions set forth in Section 6-3-5-16. "Administrative Review Uses," of this Title:. Restaurant - Twe 2 SECTION 32: City Code Section 6-12-2-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-12-2-3. - SPECIAL USES. The following special uses may be permitted in the RP district, subject to the provisions set forth in Section 6-3-5 of this Title: Administrative review uses. pursuant to Section 6-3-5-16 (B) "Applicable Uses". Banquet hall. Business or vocational school. Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title). Craft alcohol production facility. Open sales lot. Outdoor storage. Performance entertainment venue. 4s-0-21 Planned developments (subject to the requirements of Section 6-3-6 of this Title and Section 6-12-1-7 of this Chapter). Resale establishment. R-estaurantc TD Urban farm, rooftop. SECTION 33: City Code Section 6-13-1, "General Provisions" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-13-1. - GENERAL PROVISIONS. 6-13-1-1. - LAND USE INTERPRETATION. All applications for a permitted use, administrative review use or special use set forth in each zoning district shall be submitted to the Zoning Administrator for a use interpretation, pursuant to the standards and procedures set forth in Section 6-3-9 "Administrative Interpretations," of this Title. 6-13-1-2. - ACCESSORY USES AND STRUCTURES. Accessory uses and structures that are incidental to the permitted. administrative review uses and special uses in the transitional manufacturing districts are allowed in the districts and yards specified in Section 6-4-6, "Accessory Uses and Structures," of this Title. SECTION 34: City Code Section 6-13-2, "MU Transitional Manufacturing District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-13-2-2.5. -ADMINISTRATIVE REVIEW USES. The followina uses may be allowed in the MU district. subiect to the provisions set forth in Section 6-3-5-16. "Administrative Review Uses." of this Title: Commercial indoor recreation. 4s-0-21 SECTION 35: City Code Section 6-13-2-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-13-2-3. - SPECIAL USES. The following uses may be allowed in the MU district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Administrative review uses, pursuant to Section 6-3-5-16 (B) "Applicable Uses". Aquaponics. Automobile repair service establishment. Automobile service station. Banquet hall. Brew pub. Commercial parking garage. Commercial parking lot. Funeral services excluding on site cremation. Industrial service establishment. Planned development (subject to the requirements of Section 6-13-1-10, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title). Public transportation center. 4s-0-21 Trade contractor. Transitional shelter (subject to the special requirements of Section 6-3-5-11, "Additional Standards for a Special Use for Transitional Shelters," of this Title). Transitional treatment facility —Category I (subject to the requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title). Transitional treatment facility —Category II (subject to the requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title). Urban farm, rooftop. Warehouse establishment. SECTION 36: City Code Section 6-13-3, "MUE Transitional Manufacturing - Employment District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-13-3-2.5. -ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the MUE district. subiect to the provisions set forth in Section 6-3-5-16. "Administrative Review Uses." of this Title: Commercial indoor recreation SECTION 37: City Code Section 6-13-3-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-13-3-3. - SPECIAL USES. The following uses may be allowed in the MUE district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Administrative review uses, pursuant to Section 6-3-5-16 (B) "Applicable Uses". Aquaponics. 4s-0-21 Automobile repair service establishment. Automobile service station. Banquet hall. Brew pub. Car wash. Commercial outdoor recreation. Community center. Cultural facility. Daycare center —Domestic animal. Dwelling —Single-family attached. Dwelling —Single-family detached. Dwelling —Two-family. Dwellings —Multiple -family. Funeral services excluding on site cremation. Kennel. Media broadcasting tower. 4s-0-21 Planned development (subject to the requirements of Section 6-13-1-10, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title). Recreation center. Religious institution. Residential care home —Category I (subject to the requirements of Section 6-4-4, "Residential Care Homes and Child Residential Care Homes," of this Title). Residential care home —Category II (subject to the requirements of Section 6-4-4, "Residential Care Homes and Child Residential Care Homes," of this Title). Transitional shelter (subject to the special requirements of Section 6-3-5-11, "Additional Standards for a Special Use for Transitional Shelters," of this Title). Transitional treatment facility —Category I (subject to the requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title). Transitional treatment facility —Category II (subject to the requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title). Urban farm, rooftop. SECTION 38: City Code Section 6-13-4, "MXE Mixed Use Employment District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-13-4-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the MXE district subiect to the provisions set. forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:, Commercial indoor recreation, SECTION 39: City Code Section 6-13-4-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-13-4-3. - SPECIAL USES. 4s-0-21 The following uses may be allowed in the MXE district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Administrative review uses. pursuant to Section 6-3-5-16 (B) "Applicable Uses". Aquaponics. Automobile repair service establishment. Automobile service station. Banquet hall. Brew pub. Car wash. Commercial outdoor recreation. Commercial parking garage. Commercial parking lot. Community center. Cultural facility. Daycare center —Domestic animal. Educational institution —Private. Funeral services excluding on site cremation. 4s-0-21 Kennel. Media broadcasting tower. Planned development. Recreation center. Religious institution. Resale establishment. Transitional shelter. Transitional treatment facility —Category I. Transitional treatment facility —Category II. Urban farm, rooftop. SECTION 40: City Code Section 6-14-1, "General Provisions" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-14-1. - GENERAL PROVISIONS. 6-14-1-1. - LAND USE INTERPRETATION. All applications for a permitted use, administrative review use or special use set forth in each zoning district shall be submitted to the Zoning Administrator for a use interpretation, pursuant to the standards and procedures set forth in Section 6-3-9 "Administrative Interpretations," of this Ordinance. 6-14-1-2. - ACCESSORY USES AND STRUCTURES. 48-0-21 Accessory uses and structures that are incidental to the permitted, administrative review uses and special uses in the industrial districts shall be permitted in the districts and yards specified in Section; 6-4-6, "Accessory Uses and Structures," of this Ordinance. SECTION 41: City Code Section 6-14-3, 12 General Industrial District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-14-3-2.5. -ADMINISTRATIVE REVIEW USES., The following uses may be allowed in the 12 district. subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses." of this Title: Commercial indoor recreation. Restaurant - Tvpe 2. SECTION 42: City Code Section 6-14-3-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-14-3-3. - SPECIAL USES. The following uses may be allowed in the 12 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Administrative review uses pursuant to Section 6-3-5-16 (B) "Applicable Uses". Aquaponics. Automobile storage lot. Brew pub. Business or vocational school. Car wash. 48-0-21 Daycare center —Domestic animal. Firearm range (located more than three hundred fifty (350) feet from any R1, R2, R3 district, or located more than three hundred fifty (350) feet from any school, child daycare facility, or public park in any zoning district as measured from lot line to lot line). Heavy cargo and freight terminal. Heavy manufacturing. Kennel. Media broadcasting tower. Open sales lot. Outdoor storage (when covering more than thirty percent (30%) of an interior side yard or as a principal use). Pharmaceutical manufacturing. Planned developments (subject to the requirements of Section 6-14-1-10, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title). Recycling center. Restaurant —Type 1. Restaurant Tye Retail goods establishment. Retail service establishment. 4s-0-21 Special education institution —Public. Urban farm. Urban farm, rooftop. SECTION 43: City Code Section 6-14-4, 13 General Industrial District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-14-4-2.5. -ADMINISTRATIVE REVIEW USES. The followinq uses may be allowed in the 13 district, subiect to the provisions set forth in Section 6-3-5-16. "Administrative Review Uses." of this Title: Restaurant - Tvpe 2. SECTION 44: City Code Section 6-14-4-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-14-4-3. - SPECIAL USES. The following uses may be allowed in the 13 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Administrative review uses, pursuant to Section 6-3-5-16 (B) "Applicable Uses". Aquaponics. Brew pub. Business or vocational school. Car wash. Daycare center —Domestic animal. Firearm range (located more than three hundred fifty (350) feet from any R1, R2, R3 district, or located more than three hundred fifty (350) feet from any school, child daycare facility, or public park in any zoning district as measured from lot line to lot line). 4s-0-21 Heavy cargo and freight terminal. Kennel. Media broadcasting tower. Open sales lot. Planned developments (subject to the requirements of Section 6-14-1-10, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title). Restaurant —type 1. Re-at-u-:ant type-2-. Urban farm. Urban farm, rooftop. Yard waste transfer facility. SECTION 45: City Code Section 6-15-1, "General Provisions' of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-15-1. - GENERAL PROVISIONS. 6-15-1-1. - LAND USE INTERPRETATION. All applications for a permitted use,. administrative review use or special use set forth in each zoning district shall be submitted to the Zoning Administrator for a use interpretation, pursuant to the standards and procedures set forth in Section 6-3-9 "Administrative Interpretations," of this Title. 6-15-1-2. -ACCESSORY USES AND STRUCTURES. Accessory uses and structures that are incidental to the permitted, administrative review uses and special uses in the bus s—sDeciial Durpose and overlay districts are permitted subject to the provisions contained in Section 6-4-6 of this Title, provided, however, that a special use is required for parking areas of more than five (5) parking spaces accessory to a permitted use in the T1 and T2 transitional campus district. 4s-0-21 SECTION 46: City Code Section 6-15-2, "01 - Office District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-15-2-2.5. - ADMINISTRATIVE REVIEW USES. The followina uses may be allowed in the 01 district. subiect to the provisions set forth in Section 6-3-5-16. "Administrative Review Uses." of this Title: Commercial indoor recreation SECTION 47: City Code Section 6-15-2-3, "Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-15-2-3. - SPECIAL USES. The following uses may be allowed in the 01 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Administrative review uses, pursuant to Section 6-3-5-16 (B) "Applicable Uses". Banquet hall. Business or vocational school. Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title). Child daycare centers. Commercial parking garage. Commercial parking lot. Drive -through facility (accessory only). 4s-O-21 Dwelling, multiple -family. Media broadcasting station. Open sales lot. Planned development (subject to the requirements of Section 6-15-1-9, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title). Retail goods establishment. Retail services establishment. Urban farm, rooftop. SECTION 48: City Code Section 6-15-13, "oRD Redevelopment District" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: 6-15-13-7.6. -ADMINISTRATIVE REVIEW USES. The administrative review uses for the oRD district shall be anv use listed as an administrative review use in the underlvina base zonina district. SECTION 49: City Code Section 6-15-14-5, "Additional Uses" of the Evanston City Code of 2012, as amended, is hereby further as follows: 6-15-14-5. - ADDITIONAL USES. (A) Uses listed under "additional permitted uses" in Table 1 of this Section shall be permitted in the oCSC district, in the indicated subarea. These uses are in addition to those permitted in the base zoning district. (B) Uses listed under "additional special uses" in Table 1 of this Section may be allowed in the oCSC district in the indicated subarea subject to the general 48-0-21 provisions set forth in Section 6-3-5 of this Title, and the special provisions contained herein. (C) Uses listed under "additional administrative review uses" in Table 1 of this, Section may be allowed in the oCSC district in the indicated subarea subject to the general provisions set forth in Section 6-3-5-16 of this Title, and the special provisions contained herein. Table 1: Additional Uses Subarea Additional Additional Special Uses Additional Permitted Uses Administrative Review Uses 1 None None None 2 None None None 3 Retail goods Specialty food store Commercial establishment indoor (on ground floor recreation only) Cultural facility Retail services establishment Dormitory (on ground floor only) Performance entertainment venue 4 Specialty food Cultural facility None store Performance entertainment venue 5 Specialty food Cultural facility None store Performance entertainment venue 6 Automobile service Cultural facility None station Performance entertainment venue Specialty food store 7 Specialty food FeGreatieR Commercial store indoor Cultural facility recreation 4s-0-21 Performance entertainment venue SECTION 50: City Code Section 6-15-14-7, "Active Ground Floor Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-15-14-7. - ACTIVE GROUND FLOOR USES. In Subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level along the primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either permitted use (?") or administrative review use ("A") or special use ("S"). In Subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level along the primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either permitted use ("P") or administrative review use ("A") or special use ("S"). Allowed in: Uses: B1A 01 C2 (Subarea (Subarea (Subarea s 3) 7) 4, 5 and 6) Animal hospital Is P Artist's studios and accessory dwelling units P (provided the accessory dwelling unit shall not front upon any street) Automobile body repair establishment I S Automobile and recreational vehicle sales and/or S rental Automobile repair service establishment I S Automobile service station S Banquet hall S Brew pub P Business or vocational school Cannabis dispensary S Commercial Indoor Recreation A Convenience store S Craft alcohol production facility S Cultural facility S Daycare center —Adult S Daycare center —Domestic animal S Daycare center —Child S Dormitory Dwelling —Multiple family S Educational institution —Private S Educational institution —Public S S S S A S S S P S P S S A S S S S S 48-0-21 4s-0-21 Financial institution (ground level) & A 4 A P Food store establishments P P Government institution P P P Hotels P S S Micro -distillery S S Office (ground level) S A S A P Performance entertainment venue S S S Religious institution S S Resale establishment S S Restaurants type 1 P P P Restaurants type 2 S A �& A Retail goods establishments P P P Retail service establishments I P P P SECTION 51: City Code Section 6-15-16, "WE1 West Evanston Transitional District" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 48-0-21 6-15-16-4. - SPECIAL USES AND ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the WE1 District, subject to the provisions set forth in Section 6-3-5, "Special Uses", and Section 6-3-5-16. "Administrative Review Uses", of this Title: (A)Within the WE1-R4 Sub -district only, any use allowed as a Special Use or Administrative Review Use in the C2 District, but only if such use is a continuation of an approved Special Use existing on a particular property as of the date of adoption of the ordinance establishing the WE1 District. For purposes of this Chapter, such uses are referred to as "Existing Special Uses" and existing 12 Uses, existing C2 Uses, and existing Special Uses are collectively referred to as "Existing Uses." (B) Within the WE1-B2 Sub -district only, any use that: 1. Is allowed as a Special Use or Administrative Review Use in either: the B2 District pursuant to Subsection 6-9-3-3 or Subsection 6-9-3-2.5 of this Title; or the District mapped for a particular site under Chapter 6-15-15 of this Title, "West Evanston Zoning Overlay District", pursuant to the regulating plan set forth in Chapter 6-15-15; and 2. Complies with the use, building type, parking, and landscaping requirements of the district mapped for a particular site under Section 6- 15-15, "oWE West Evanston Overlay District" of this Chapter. (C) Within the WE1-R4 subdistrict only, any use that: 1. Is allowed as a special use in either the R4 district pursuant to Section 6- 8-5-3 of this Title; or the district mapped for a particular site under Section 6-15-15, 'bWE West Evanston Overlay District," of this Chapter pursuant to the regulating plans set forth in Section 6-15-15 of this Chapter; and 2. .Complies with the use, building type, parking, and landscaping requirements of the district mapped for a particular site under Section 6- 15-15, 'bWE West Evanston Overlay District" of this Chapter. (D) Throughout the WE1 District, any SpesialUse v bstituted chanae in business. operator. or owner for an existing Special Use pursuant to Subsection 6-3-5-15 or Administrative Review Use pursuant to Subsection 6-3-5-16 of this Title. 6-15-16-5. - CONTINUATION OF EXISTING USES. 48-0-21 (A)Subject to Subsection (B) below, Existing Uses may continue in operation, and shall not be deemed nonconforming under any provision of this Title. However, properties containing an Existing Use shall not contain any new or additional use, unless the new or additional use is allowed in the WE1 District as either a Permitted Use under Subsection 6-15-16-3 or a Special Use or Administrative Review Use under Subsection 6-15-16-4. Existing 12 Uses shall comply with all requirements applicable to uses in the 12 District pursuant to Section 6-14-1 and 6-14-3 of this Title. Existing C2 Uses, Administrative Review Uses. and Existing Special Uses shall comply with all requirements applicable to uses in the C2 District pursuant to Sections 6-10-1 and 6-10-4 of this Title, as well as the requirements of any Special Use or Administrative Review Use approval applicable to the property. (B) An Existing Use shall be deemed discontinued if: (i) the use or occupancy of the structure is discontinued for twelve (12) consecutive months with no ongoing attempts to sell or lease the property for a permitted or Special Use or Administrative Review Use under this Chapter; or (ii) failure to resume the use or occupancy within eighteen (18) months, even though there may be ongoing efforts to sell or lease the property for a permitted or Special Use or Administrative Review Use under this Chapter. The City Council may, in its discretion, grant an extension to the forgoing eighteen (18) month period if it determines the applicant has used reasonable diligence to sell or lease the property for a permitted or Special Use or Administrative Review Use during such period. If an Existing Use is discontinued, any subsequent use or occupancy of the property shall only be in accordance with the. following requirements: 1. For properties within the WE1-62 Sub -district, the property shall only be used and occupied for a Permitted Use meeting all requirements of Subsection 6-15-16-3 (C) of this Chapter or a use allowed as a Special Use or Administrative Review Use meeting all requirements of Subsection 6-15-16-4 (B) of this Chapter; and 2. For properties within the WE1-R4 subdistrict, the property shall only be used and occupied for a permitted use meeting all requirements of Subsection 6-15-16-3(D) of this Chapter or a use allowed as a special use meeting all requirements of Subsection 6-15-16-4(C) of this Chapter. 6-15-16-6. - EXPANSION, STRUCTURAL ALTERATION, AND RECONSTRUCTION OF EXISTING USES. 48-0-21 (A) Existing Uses may only be expanded, structurally altered, or reconstructed in a manner that minimizes adverse impacts on adjacent properties and if: 1. the expanded, altered, or reconstructed facilities shall contain a use or uses that are allowed in the WE1 District as either a Permitted Use under Subsection 6-15-6-3 or a Special Use or Administrative Review Use under Subsection 6-15-16-4; 2. for Existing 12 Uses, the expanded, altered, or reconstructed facilities comply with all requirements applicable to uses in the 12 District pursuant to Sections 6-14-1 and 6-14-3 of this Title; 3. for Existing C2 Uses and Existing Special Uses and Administrative Review Uses, the expanded, altered, or reconstructed facilities comply with all requirements applicable to uses in the C2 District pursuant to Sections 6- 10-1 and 6-10-4 of this Title; 4. for Existing Special Uses, an amended Special Use approval is obtained pursuant to Chapter 6-3-5 of this Title, oF the SpeGialse is approved -by or Administrative Review Use approval is obtained pursuant to Subsection 6-3-5-16 of this Title; 5. The expanded, altered, or reconstructed facilities shall not exceed forty (40) feet in height; 6. The expanded, altered, or reconstructed facilities shall not have, in comparison with the prior permitted facilities on the site: (a) An increase in degree of noise or glare detectable at the property line, as validated by an analysis of existing and proposed conditions submitted by the applicant and approved by the Zoning Administrator; or (b) An increase in outside storage or loading visible from the right of way; 7. The expanded, altered or reconstructed facilities shall comply with all other requirements of this code including, but not limited to, the environmental control code set forth in Section 4-10-10 of this Code and the prohibition on nuisances set forth in Section 8-4-1 of this Code. (B) In addition to the evaluation criteria set forth in Section 4-17-6 of this Code, the site plan and appearance review for any new building or structure or modifications to the exterior of an existing structure in the WE1 district shall include an evaluation of whether the proposed site and building plan fulfills the objectives of the West Evanston physical planning and urban infili design master plan, and conforms to the extent possible, considering the objectives of the proposed expansion, to the building type standards and landscape standards of 48-0-21 comparable building types and lots under Section 6-15-15, "oWE West Evanston Overlay District," of this Chapter. SECTION 52: City Code Section 6-15-17-4, "Permitted Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-15-17-4. - PERMITTED AND SPECIAL USES. The permitted and special uses for the oDM 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 or special uses identified in the underlying zoning district. SECTION 53: City Code Section 6-15-17-5, "Additional Special Uses" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-15-17-5. - ABBITIANA6 512€GfA,1 USES. ADDITIONAL ADMINISTRATIVE REVIEW USES. In addition to all -spesial-uses permitted —inthe URderlying aistr+st., the uses permitted pursuant to Section 6-15-17-4 (A), the following uses are allowed as a special administrative review uses, subiect to the provisions set forth in Section 6-3-5-16 of this Title: SECTION 54: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 55: 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 48-0-21 shall be in full force and effect after its passage and approval. 4s-0-21 SECTION 56: 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. Introduced: April26 Adopted: Mav 10 Attest: Fdaat e-do Gomez , 2021 Approved: , 2021 Eduardo Gomez, Deputy City Clerk Mav 10 M\ `ru�_ Stephen H. Hagerty, Mayor Approved as to form: 12021 Nicholas E. Cummings, Corporation Counsel City of Evanston Plan Commission Public Comment Sign Up Form noreply@formstack.com <noreply@formstack.com> Reply -To: noreply@formstack.com To: mmjones@cityofevanston.org 1111 formstack Meagan Jones <mmjones@cityofevanston.org> Wed, Apr 14, 2021 at 5:10 PM Formstack Submissio n For. Plan Commission Public Comment Sign Up Form Submitted at 04/14/21 5:10 PM Name: Jill Zordan + Address of 727 Oakton Street, Evanston Residence: Phone: How would you like to make your Written (see below) public comment?: As a member of the Zoning Board of Appeals, I am in favor of 21 PLND-0029. I have served on the ZBA for two years, and in that time many special use Provide applications have come across our agenda. For the relatively straight forward Written requests as covered by this proposed change, the vast majority of concerns of Comment the ZBA have already been addressed during the city's own review and Here: recommendation process. I am confident that this proposed structure for review would facilitate new business creation and transition, while still retaining the review and approval process integral to the ZBA, to the extent ' reasonably required. Thank you for your time. Agenda Item (or comment 21 PLND-0029 (agenda item 5A) on item not on the agenda): Position on In favor Page 65 of 77 Agenda Item: [Quoted text hidden] Page 66 of 77 City of Evanston Meagan Jones <mmjones@cityofevanston.org> Fwd: Feedback about the Proposed Administrative Review process 1 message Johanna Nyden <jnyden@cityofevanston.org> Wed, Apr 14, 2021 at 5:29 PM To: Meagan Jones <mmjones@cityofevanston.org>, Melissa Klotz <mklotz@cityofevanston.org>, Paul Zalmezak <pzalmezak@cityofevanston.org> Further comments re: administrative use. ---------- Forwarded message --------- From: Eleanor Revelle <erevelle@cityofevanston.org> Date: Wed, Apr 14, 2021 at 5:25 PM Subject: Feedback about the Proposed Administrative Review process To: Johanna Nyden <jnyden@cityofevanston.org> Johanna — Please see Laurie McFarlane's comments (below) about including/excluding the U districts from the administrative review amendment. I do support her position. Eleanor Begin forwarded message: From: Eleanor Revelle <erevelle@cityofevanston.org> Subject: Re: Proposed Administrative Review process Date: April 14, 2021 at 5:16:16 PM CDT To: Laurie McFarlane Davies <I mcfarla ne2720@comcast. net> I agree with you, Laurie. It seems to me that including the U districts is not relevant (since the enumerated uses are not permitted or special uses in the U Districts) and could also lead to unnecessary controversy. am happy to make that point to staff. Eleanor On Apr 14, 2021, at 3:46 PM, Laurie McFarlane Davies <Imcfarlane2720@comcast.net> wrote: Thank you, Eleanor. I very much appreciate your getting this information so promptly. It is not entirely clear from the city code whether activities currently permitted within the U-2 district (and possibly other U districts) meet the definition of "Commercial Indoor Recreation." At the very least, a good lawyer would have grounds to argue that. I know that the City would like to get this amendment passed as quickly as possible. Given that (1) any debate over this would be hugely controversial, generating substantial outcry and activism from residents, and (2) City staff has not identified any need to include the U districts in the Administrative Review Use proposal, I see no purpose and a great deal of detriment in including the U districts in the language of the ordinance. Thus, I would prefer the U districts to be expressly excluded from the ordinance. I would appreciate it if you could support that outcome with staff and in the various hearings that will be held on the ordinance. Many thanks, Laurie Page 67 of 77 On'04/14/2021 3:09 PM Eleanor Revelle <erevelle@cityofevanston.org> wrote: Laurie — Here are some answers from Johanna Nydent ER 1) When will the amendment language be drafted? Will the Plan Commission review the proposed amendment before recommending it to Council? Or will the Plan Commission approve just the concept, with the actual amendment being drafted afterwards? The ordinance will be drafted after a recommendation from the Plan Commission is made to City Council. They are the body that reviews prior to Planning & Development's review of the Introduction of the Ordinance. Plan Commission's review may include specific language recommendations that will be included in the ordinance. 2) Why is this Administrative Review process being recommended for all non-residential districts and overlay districts? In particular, why should it apply to the University districts? The Administrative Review process is only recommended for the uses enumerated in the staff memo (type 2 restaurants, indoor commercial recreations [eg fitness studios], ground floor financial). These are not uses that are permitted or special uses in the U districts. Johanna Nyden, AICP Community Development Director Morton Civic Center City of Evanston 2100 Ridge Ave. I Evanston, IL 60201 1 B47-448-8014 jnyden@cityofevanston.org I cityofevanston.org ,J EVANSTON oCOMMUNITY Rapid Response Fund eranctun!mranu tt NuadaVan uuLAu _I lDPIDiu i',Ia Step Up! Support our neighbors most impacted by COVID-19. Donate to the Evanston Community Rapid Response Fund at cityofevanston.org/Evanston Cares Note: The contents of this electronic mail to/from any recipient hereto, any attachments hereto, and any associated metadata pertaining to this electronic mail, is subject to disclosure under the Illinois Freedom of Information Act, 5 ILCS 140/1 et. seq. Page 68 of 77 Re: Written Testimony at 4/14/2021 Plan Commission Good evening members of the Plan Commission, My name is Max Puchtel, and I'm writing to voice my support of the City -initiated Text Amendment to City Code Title 6 Regarding Special Uses. I have the privilege of serving as a member of Evanston's Zoning Board of Appeals, and I support the proposal for three reasons: 1. This proposal will increase equity in Evanston's business community by widening the door of opportunity for new business owners. As detailed in the staff memo, streamlining the permitting process will reduce direct and indirect costs to new business owners, thereby lowering the barrier to entry for all. 2. This proposal will increase consistency and fairness to the permitting process. Reviews by DAPR, the ZBA, and city council are thorough, but they may be variable due to the particular member attendance at a given meeting. The creation of an Administrative Review Use category would consolidate the review of non -controversial cases in a consistent manner. 3. Finally, as a member of the ZBA, I am impressed on a monthly basis by the professionalism, hard work, and dedication of our city's planning and zoning staff. They consistently go the extra mile for the good and welfare of this city, and therefore I have great confidence in their judgement and discretion. Please support their proposal. Thank you, Max Puchtel Page 69 of 77 To: Evanston Plan Commission From: Jeff Smith Date: April 14, 2021 Re: 21 PLND-0029 ("Administrative Review Uses") The sweeping change proposed by the staff recommendations at pp. 12-61 of the packet for April 14 is troublesome in numerous aspects. • It purports to discuss a "text amendment" but no text is supplied for residents to review or comment on • Some of its broad statements and premises are debatable • It ignores some of the purposes of zoning and zoning process • It ignores Illinois statutory and US constitutional dimensions of zoning and special use • It is market -driven rather than resident -oriented • There is no discussion or consideration of alternatives We just had an election in which nearly every candidate campaigned on more "transparency." Instead, this text amendment — assuming we ever get to see it — promises to make zoning less transparent. Residents and businesses make enormous investments in land based in large part on legitimate expectations of stability rather than volatility or caprice in zoning. Changes to land impact other land and thus implicate property rights and trigger due process considerations. Accordingly, deviations from code, such as variations and special uses, have a constitutional dimension and require public hearing. A gap in Illinois law that formerly existed, and that seemingly limited due process protections such as a right to cross-examination to Chicago only, was corrected by a 2002 Illinois Supreme Court decision and is now clearly part of Illinois law. See also 65 ILCS 5/11-13-1.1; 65 ILCS 5/11-13-5; 65 ILCS 5/11-13-10; 65 ILCS 5/11-13-11. Making such changes "administrative" threatens to truncate these rights. The instances of which staff complains, of applicants having to notify 1,000 residents by mail, is only because staff and Council, to accommodate developers, have pushed to create situations in which 1,000 people live stacked on top of each other within 500 feet of a location. Evanston residents never asked for that. Presumably the reasons that businesses want to be in such locations is precisely because there are so many potential customers. They can't have it both ways. If you want to locate right next to 1,000 Evanston residents, and the business you want to operate is not permitted as a matter of right, you have to notify them. The staff memo asserts, "Evanston reinvented itself as a restaurant destination community interspersed with boutique service uses such as fitness studios and medical offices." This characterization contradicts the comprehensive general plan and would come as a surprise to many small retail businesses, ranging from hardware stores to specialty foods to art galleries. Downtown Evanston certainly followed a different path. It was revitalized by liquor sales, bookstores, and coffee houses when it stopped combatting the fact that it was a college town, and was stimulated by a small number of high -quality restaurants that took advantage of being able to serve a drink with a meal, and then the movie theatre complex operated as a catalyst. Restaurants, however, subsequently reached a saturation point and became cannibalistic, and for a number of years, predating the pandemic, when one opened, another closed. A significant problem is that many rents are too high for any use, retail or service. As long as the City continues to intensify business districts, and to allow longstanding vacancies, that will only continue. Page 70 of 77 The staff memo also asserts, "Most modern restaurants in downtown office/mixed use districts are fast casual. In Evanston's case, office workers and students drive restaurant sales." There is no supporting data for thus, and my own experience, in which I rarely ate at an Evanston restaurant without seeing another Evanston resident I knew, contradicts it. In particular, students are a small subset of the clientele of many of the most successful venues such as Prairie Moon, Farmhouse, Found, Campagnolo, and Little Mexican Cafe. The assertion also ignores that "most" is not quality nor the desired end product of planning. "Most" small businesses fail. Most fast food is unhealthy. I dispute the desirability of branding Evanston as a fast food haven. A couple other assertions with which I have pause. "The Substitution of Special Use process is not legally necessary" No, it is already provided as a streamlined process for an applicant. Without the cheaper Substitution process every applicant would have to apply anew. There is no legal analysis offered for this unsupported assertion, which seems to parrot the equally unsupported assertion in the Hurd Street matter also u[p tonight. "....Special Uses are site specific, so the zoning approval should apply to the property and business operations. A Special Use applies to an address, not one named owner or operator, unless specifically conditioned in that way for a certain reason. " Not so. Special use is applied for by a named applicant and is granted to a named applicant. It is granted after review of a specific business and often takes into consideration the applicant's personal characteristics and plans for the business. "Planning & Zoning staff is not aware of any other community that utilizes a Substitution of Special Use process..... This change would align with zoning regulations of similar and surrounding communities." Evidence? Support? As stated in one blog of zoning regulators and attorneys, "the SUP should run with the owner. Otherwise ... you are just effectively rezoning the property which has its own process. This represents a back door option to sidestep the purpose of zoning." The special use process allows examination IN REAL TIME of whether a use that is not as of right but is possibly compatible makes sense at a point in time, given changed conditions, whether traffic, economics, etc. To assume that, say, a decade later, a similar but different use would even be granted, let alone should be grandfathered in for perpetuity, undermines the entire purpose of special use. Our general Plan states that "capital improvement investment in Downtown Evanston should aim to enhance its appeal as a distinctive and convenient destination for business, shopping, and entertainment." We do have a problem in that often -absentee landlords are insensitive to market, and demand/ expect unrealistic rentals. This has been a problem since the boom/bust of 2005-2010. This is a much larger discussion, in itself. The "text amendment" has some understandable impetuses but needs far more discussion than can occur in one night, before a matter that will have much discussion and comment on the agenda. More stakeholders, such as neighborhood associations, should have been involved and need to be engaged. This should be put over for a time when adequate discussion can be had, and after far more community engagement. Page 71 of 77 Finally, as an aside, I doubt the Evanston Review can any longer be considered a newspaper of general circulation. it is a sad shadow of its former self and longstanding heritage. Inertia is probably the main reason it has any Evanston subscriptions at all. Jeff Smith 2724 Harrison 847-492-1665 (business) Page 72 of 77 DRAFT- NOT APPROVED MEETING MINUTES EXCERPT City of PLAN COMMISSION Evanston Wednesday, April 14, 2021 7:00 P.M. Virtual Meeting through Zoom Platform Members Present: Peter Isaac (Chair), Jennifer Draper, George Halik, John Hewko, Brian Johnson, Jeanne Lindwall, Matt Rodgers, Kristine Westerberg, Members Absent: Staff Present: Johanna Nyden, Community Development Director Paul Zalmezak, Economic Development Manager Melissa Klotz, Zoning Administrator Michael Griffith, Development Planner Meagan Jones, Neighborhood and Land Use Planner Judy Frydland, City Attorney Presiding Member: Chair Isaac 1. CALL TO ORDER / DECLARATION OF QUORUM Chair Isaac called the meeting to order at 7:00 P.M. Ms. Jones called the roll and a quorum was established. 4. NEW BUSINESS A. Text Amendment — Administrative Review Uses 21 PLND-0029 City initiated Text Amendment to the Zoning Ordinance, Title 6 of the City Code, to modify or eliminate the Substitution of Special Use process, to modify listed Special Uses in all non-residential districts and overlay districts, to establish an Administrative Review process, Standards, and Conditions, and to establish listed Administrative Review Uses in all non-residential districts and overlay districts. Mr. Zalmezak provided background, explaining the current economic landscape in Evanston, especially considering the current Covid-19 pandemic. He explained that the response to how the City addresses these issues will be how we recover. There was strong support from Council on proposed approaches. Ms. Klotz then provided an overview of the proposed text amendment. The current Special Use process slows down the process of business openings and the Special Uses are almost always approved by the Zoning Board of Appeals (ZBA). Property owners, business owners and business Page 1 of 5 Plan Commission Minutes 3.10.21 Page 73 of 77 DRAFT- NOT APPROVED district advocates are asking for a change to the process. Proposal is a two pronged approach instead of the standard 90 day approval process. There would be staff approval for certain uses with an optional Special Use process if deemed necessary. Most other communities do not have a separate Substitution of a Special Use. The hearing was opened to questions from the Commission. Commissioner Halik mentioned the text amendment change being limited to 4 uses and asked if consideration was made for location as well. Ms. Klotz responed that the amendment would apply to zoning districts where uses are currently allowed as Special Uses. Commissioner Halik then asked if there are areas that are borderline. Ms. Klotz responded that this could potentially happen and in that case staff could defer to ZBA. At staff's discretion, additional information could be requested or go to the full process or require notification of adjacent neighbors. Mr. Zalmezak stated that many uses are integrated into culture and often rarely get feedback. He is also concerned that Sherman Avenue does not just have office use and has a more integrated commercial culture. Chair Isaac asked if this would be considered in any residential districts. Ms. Klotz responded this would just apply to C. B, and I Disitricts only. Commissioner Westerberg asked if Special Uses are ever tied to a user instead of a property. Ms. Klotz responded that this is rare but does happen. Cannabis uses are an example. Commissioner Lindwall inquired about the process for other uses and what the transition will be into the new process. Ms. Klotz responded that any use that is more intensive must go through the full Special Use process. If the new process is approved there may be a refund for the process fee. If it is not approved it is possible that businesses will relocate. Commissioner Lindwall asked if this could apply to other situations such as residential uses. Ms. Klotz replied that this text amendment only applies to the 4 specified commercial uses and should stick with that as a test for the process. Additional uses could be added or removed as needed in the future. Commissioner Halik asked if there would be another chance to review the proposed language for the text amendment. Ms. Klotz' responded that staff is concentrating on the conditions and standards for the review. The amendment is essentially taking uses that are already considered Special Uses and moving them to a different section within the Zoning Code. Commissioner Lindwall asked if there would be a section for the changes to which Ms. Klotz replied it would be a new section with Chapter 3. Commissioner Halik expressed concern over permitting office, expressing that no one wants office on every ground floor space. He then asked what types of uses are in the line for review. Ms Klotz replied that largely Type 2 restaurants are in the line for review. Page 2 of 5 Plan Commission Minutes 3.10.21 Page 74 of 77 DRAFT- NOT APPROVED Zoning staff will confer with the Economic Development Division as there is no intention to have a lot of office use. Mr. Zalmezak added that there have been some considerations for ground floor office use. This is not a high rent use and higher income businesses are more likely to fill available spaces. Chair Isaac inquired about a previous text amendment restricting ground floor office use in the D2 District. Ms. Jones and Ms. Klotz provided the history on that amendment which was considered and approved, however, this was prior to the current pandemic. Chair Isaac then asked why office was being added when such a low number were reviewed in past years. Ms. Klotz explained that there have been more inquiries in addition to actual applications. Commissioner Rodgers explained that the ZBA reviewed mostly Type 2 restaurants and he could not think of a case that was denied on its own, there were distinctions made for those that wished to have a drive -through or extended hours. This is similar with indoor recreation uses. He then added that he is assuming that an applicant could request the full process or appeal an administrative decision and asked the cost of mailings. Ms. Klotz explained that an applicant could appeal a decision by the administrator or request a full Special Use process, both of which would go to ZBA for review. Mailing costs can vary depending on where a use is proposed. The cost could be as low as a couple hundred dollars to significantly more if in an area with a number of condominium buildings Commissioner Rodgers inquired about the full timing for the permitting portion of the process. Ms. Klotz responded that typically there will be a 3 week building permit review process and 3 week Health Department review followed by build out. In busier times this could become a couple of months of review time. Applicants sometimes gamble and do the building permit and zoning reviews concurrently. The hearing was opened to questions from the public. Ben Kadish explained that he owns the property along Benson Ave where the Evanston Athletic Club is located and that since the pandemic started he has lost 5 out of the 8 businesses in his properties, with the remaining businesses paying a reduced or no rent. He explained that even small spaces need to go through the Special Use process and asked if tenant should wait potentially 6 months to be approved to operate in a space. Mary Rosinski asked if the proposed amendment could be revised or amended in the future. Chair Isaac responded that the text can be revised. Cecile McHugh asked for clarification on the uses that are included in the proposed text amendment. Staff provided clarification as explained previously in the meeting. The hearing was then opened to public testimony. Ben Kadish stated that the market is creating demand and must dictate what goes in available spaces. He added that residents need to acknowledge that the Northwestern Page 3 of 5 Plan Commission Minutes 3.10.21 Page 75 of 77 DRAFT- NOT APPROVED University population supports businesses and any barriers to opening businesses should be moved. The City needs to open doors to business. Commissioner Rodgers stated the standards for approval of Special Uses speaks to not creating a negative cumulative effect. This standard when used by staff can create a stop gap on the possible overpopulation of ground floor office uses. Chair Isaac clarified that staff makes the decision and not ZBA to which Ms. Klotz responded that staff must use the same standards in decision making. Cecile McHugh asked for clarification on the review process and if staff considered posting on the website and emails. Ms. Klotz provided clarification on the typical review process for Special Uses and this proposed amendment. Katherine Gotsick of the Main -Dempster Mile SSA expressed her support of the proposed changes. She explained that staff works with local businesses and it works. She added that she does not mind having a financial institution being in her business district. Loraine McFarlane Davies stated that DAPR works fine for review but wondered what the route is for residents to appeal a proposed use. She added that she wished staff would list the districts this would affect as she has some concern that in the future this may affect the U districts near campus. Annie Coakley of Downtown Evanston expressed her support of the proposed changes. Downtown Evanston is looking for attracting new businesses and the proposed changes will help to ease the process of filling the vacant spaces and digging out of the pandemic. The Commission then began deliberations. Chair Isaac stated that there is no specific draft language for the proposed amendment and asked if the Commission wished to continue the item. Commissioner Halik responded that he trusts staff and that the Commission tend's to go along with what staff proposes, then suggested a possible vote on the concept. He then congratulated Mr. Zalmezak and other staff for the businesses coming in. Hewko agreed, explaining that we are in a once in a lifetime pandemic and he has no issue not seeing the specific text. Some discussion continued on whether or not to vote on the concept presented without specific code language provided. Commissioners expressed general support and understanding of the need to move quickly as well as the need for transparency in what is proposed and the process. Some additional clarification on the locations this would affect was also requested with the understanding that this affects current Special Uses. Commissioner Lindwall made a motion to recommend approval of the concept. Seconded by Commissioner Rodgers. A roll call vote was taken and the motion passed unanimously, 8-0. Ayes: Draper, Halik, Hewko, Johnson, Lindwall, Rodgers, Isaac, Westerberg Page 4of5 Plan Commission Minutes 3.10.21 Page 76 of 77 DRAFT- NOT APPROVED Nays: Ms. Klotz suggested a vote on the concept then having the Chair and Vice Chair review the proposed ordinance prior to it moving forward to City Council. There was general agreement on this option. Commissioner Hewko made a motion to recommend approval of the proposed text amendment to Council. Seconded by Commissioner Halik. Commissioner Lindwall made a motion to amend the initial motion to include the condition that the Commission Chair and Vice -Chair review the proposed language prior to City Council. Seconded by Commission Halik. A roll call vote was taken on the amendment and the motion passed 7-1. The Commissioner reviewed the standards and found the applicable standards were found to be met. A roll call vote was taken on the amended motion and that motion passed, 7-1. Ayes: Draper, Halik, Hewko, Johnson, Lindwall, Rodgers, Isaac Nays: Westerberg Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department Page 5 of 5 Plan Commission Minutes 3.10.21 Page 77 of 77