HomeMy WebLinkAboutORDINANCES-2012-069-O-12• Effective Date: December 6, 2012 10/10/2012
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AN ORDINANCE
Amending Subsection 6-15-14-6 of the Zoning Ordinance,
"Prohibited Uses" in the oCSC Central Street Corridor Overlay District
WHEREAS, the City of Evanston is a home -rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt ordinances and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970,
which states that the "powers and functions of home rule units shall be construed
• liberally," was written "with the intention that home rule units be given the broadest
powers possible" (Scadron v. City of Des Plaines, 153 111.2d 164); and
WHEREAS, it is a well -established proposition under all applicable case law
that the power to regulate land use through zoning regulations is a legitimate means of
promoting the public health, safety, and welfare; and
WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the
Evanston City Code of 1979, as amended, ("the Zoning Ordinance"); and
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WHEREAS, on October 26, November 9, and December 14, 2011, and •
February 8, March 14, April 11, May 9, and June 20, 2012, the Plan Commission held a
public hearing, pursuant to proper notice, regarding case no. 11 PLND-0081, to consider
amendments to the text of Title 6 of the Zoning Ordinance, specifically to Section 6-15-
14, "oCSC Central Street Corridor Overlay District"; and
WHEREAS, the Plan Commission received testimony and made written
findings pursuant to Subsection 6-3-4-5 of the Zoning Ordinance that the proposed
amendment met the standards for text amendments, and recommended City Council
approval thereof; and
WHEREAS, at its meetings of July 23 and October 22, 2012, the Planning
and Development Committee of the City Council considered and adopted the findings
and recommendation of the Plan Commission in case no. 11 PLND-0081 and
recommended City approval Council a roval thereof; and •
WHEREAS, at its meetings of July 23, October 22, and November 12,
2012, the City Council considered and adopted the records and recommendations of
the Plan Commission and Planning and Development Committee; and
WHEREAS, it is well -settled law that the legislative judgment of the City
Council must be considered presumptively valid (see Glenview State Bank v. Village of
Deerfield, 213 III.App.3d 747) and is not subject to courtroom fact-finding (see National
Paint & Coating Assn v. City of Chicago, 45 F.3d 1124),
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
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SECTION 1: The foregoing recitals are found as fact and incorporated
herein by reference.
SECTION 2: Subsection 6-15-14-6 of the Zoning Ordinance is hereby
amended to read as follows:
6-15-14-6: PROHIBITED USES: Uses shown in Table 2 shall be prohibited in the
indicated sub -area. This ;prohibition supersedes any permitted uses identified in the
base zoning district.
2
3 Drive -through facility.
. I 4 Drive -through facility.
5 Drive -through facility.
6 Drive -through facility
except at 2628 Gross
Point Road.
7 Drive -through facility.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: 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.
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SECTION 5: This ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner provided by law.
SECTION 6: 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: Cgrx�� , 2012 Approved:
Adopted: , '7c -m,�l /� , 2012 ,)7 -Z At , 2012
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Eliza th B. Tisdahl, Mayor
Attest: Approved as to form:
Rodne reene, City Clerk W. rant Farrar, Corporation Counsel •
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