Loading...
HomeMy WebLinkAboutORDINANCES-1977-013-O-77• r1 U • a. 1/21/77 13-0-77 AN ORDINANCE Amending Ordinance 77-0-62 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Sections 1 through, and including, Section 3 and Sections 5 through, and including, Section 15 of Ordinance 77-0-62 adopted January 7, 1963, be and they are hereby amended to read as follows: "Sec. 1. NAME. This Ordinance may be referred to as the Planning Ordinance. "Sec. 2. PURPOSE. It is the purpose of this Ordinance to provide for planning the future development and redevelopment of the municipality as authorized by Division 12 of the Illinois Municipal Code. Such planning may be directed toward the following ends: (a) Adoption by the City Council of an official Comprehen- sive General Plan or geographic or'functional parts thereof showing the present and future use and development or redevelopment of land in the City, including general statements of policy and objectives. Such Plan in itself shall not be regulatory but shall be for the general guidance of local governments and others. (b) Adoption by the City Council of (1) new or amended zoning, subdivision platting, housing, building construction and other regu- lations or ordinances, and`(2) a plan and program of,capital improve- ments, all designed to bring about the desired use and development or redevelopment of land as indicated in specific or general terms by the official ,Comprehensive General Plan. (c) Adoption from time to time by the City Council, when changed conditions warrant or it is otherwise desired, changes or amendments in the previously adopted official Comprehensive General Plan, regu- lations, ordinances and programs. 13-0-77 • (d) Providing aid and assistance to officials of -the City, special districts and other local governments who are charged weith acquiring public land or making or directing improvement projects embraced within or affecting the official,Comprehensive General Plan, regulations and capital improvement plan, and initiation of such acquisitions and projects. (e) Providing for the review -of and preparati"on of reports,, recommendations or actions on matters relating to plans for develop- ment or redevelopment of the City, public improvements, and any mat- ters relating to implementation of the Comprehensive General Plan. "Sec. 3. DEFINITIONS. The following words -and terms, wherever they occur in this ord- inance, shall be defined as follows: (a) Comprehensive General Plan. A document or documents prepared in whole or in functional or georgraphic parts and consisting of (1) a Statemen- of Objectives and Policies; (2) a Land Use Plan projecting future community land needs, showing by location and extent areas to be used.for residen- tial, commercial, manufacturing, institutional and public purposes; • (3) a Transportation Plan projecting future needs for all forms of transportation and including a delineation of a system of major thoroughfares, needs for mass transportation and terminal facilities; (4) a Community Facilities Plan showing locations and type of present and proposed schools, parks, recreation areas, and other significant public facilities; (5) such additional supporting studies and de- tailed neighborhood studies and plans as.are required to aid in the realization of the Planning Objectives and Policies. (b) Official Comprehensive General- Plan Such portions of the Comprehensive General Plan as may from time to time be adopted or amended.by the City Council. "Sec. 5. PLAN COMMISSION: Appointment; Composition; Terms - (a) The Mayor shall appoint nine (9) Evanston citizens to serve as regular members on the Plan Commission, subject to confirmation by the City Council. The Mayor, a designated member from each of the City Council Planning and Development and Administration and Public Works Committees, and the Director of Planning shall be ex-officio members of the Commission but shall have no vote. The Director of Planning shall serve as Secretary of -the Commission. . (b) .All appointed Regular Members of the Plan Commission shall serve as such without compensation. -2- 13-0-77 (c) Appointments of Regular Members shall be for three (3) • years and they may .be reappointed for an additional term. Regular Members' terms shall commence on January 1st. The terms of three -(3) Regular Members shall, expire in December of each year, so that no more than 1/3 of the Commission shall be replaced annually. (d) An appointment by the Mayor, subject to confirmation by the council, to fill.a vacancy in an unexpired term shall be for the re- mainder of the term. Thereafter, that member shall be eligible for appointment for two full terms. (e) When.a Regular Member of'the Plan Commission has been un- able or has failed to attend.meetings during a consecutive period of four (4) months,. such absence shall be construed, after notice to the member, as resigning from the Commission. A vacancy thus created shall be filled as in other vacancies. "Sec. 6. PLAN COMMISSION PROCEDURE AND ORGANIZATION The Plan Commission shall: (a) At its December meeting, elect a chairman to serve for the followoing calendar year with eligibility for reelection. (b) Elect in December a vice-chairman to act whenever the chairman is absent or unable to serve. • (c) Elect such associate members of the Plan commission as are deemed necessary to carry out the Commission's duties and re- sponsibilities. Such associate members shall serve for a period of one (1) year with eligibility for reelection, but shall have no vote. (d) Establish its own rules of procedure. (e) Hold a meeting of the Commission monthly, unless specifi- cally directed otherwise by the Chairman. (f) Establish such subcommittees of Regular and Associate members as it deems necessary. (g) Prepare an annual report for presentation to the City Council. Such report may:. (1) incorporate comments on the adequacy of the Comprehensive General Plan, the zoning ordinance and the Cap- ital Improvements Program as instruments of long-term development policy, (2) summarize the actions of the Plan Commission during the calendar year, and (3) outline the program of the Plan Commission for the following year, indicating joint programs to be carried out in cooperation with the Planning Department, other staff needs, and anticipated requests for funds from the City Council. (h) Adopt such other rules of procedure deemed necessary to con- duct meetings and public hearings and to carry out its duties, follow- • ing Roberts' Rules of Order in situations not covered by adopted rules. -3- • 13-0-77 11Sec. 7. PLAN COMMISSION POWERS AND DUTIES. Tile Plan Commission shall.have the following powers and duties: . . (a) To formulate basic policy for a Comprehensive General Plan, to work with the Planning Department in its preparation, and to recommend such Comprehensive General Plan, or changes therein to the City Council for adoption. (b). To initiate studies, reports and recommendations to the City Council, City Manager, or officials of other local governmental bodies on matters concerning the present or future development or redevelopment of the City. All studies, reports and.recommendations to the City Council, City Manager or officials of other local govern- ment bodies on matters concerning the present or future public de- velopment or redevelopment of the City, which will be acted upon by the City Council shall first be presented to the Plan -Commission to provide them a reasonable opportunity for review and comment. (c) To study, review and prepare recommendations on all mat- ters related to the Comprehensive General Plan which are referred to the Plan Commission by City Council. • (d) To study, review and prepare recommendations on the annual revision of the capital improvement program and on•plans and proposals of other departments of the city government which re- late to the implementation of the Comprehensive General Plan. (e) To carry out the above duties the Plan Commission shall have the following powers: (1) To invite the advice and assistance of persons having special knowledge, experience or interest in the needs or problems which are receiving consideration.by the Plan Commission. Such advisors may include, among others, officials of an adjoining municipality or of other local governments or other, persons n-ot living in the city. (2) To conduct such public hearings as required and as it deems necessary to gather information and ideas needed for.thorough reviewof the Comprehensive General Plan. (3) To promote the realization of the Comprehensive General Plan and the community objectives it incorporates through public education and other means. (4) To request from the Planning Department such staff time as may be required to assist the Plan Commission in carrying out its duties. • (5) To request from the City Council such additional funds as may be necessary for the employment of consulting services or temporary employees deemed necessary for carrying out the duties required by this ordinance. 7:S 13-0-77 •(f) None of the above, without prior approval by City Council, shall include the power to obligate the city for compensation to any person or organization. "Sec. 8. PLANNING DEPARTMENT - ORGANIZATION. The organization, assignment of duties and general supervision of the activities and work of the Planning Department shall be determined by the City Manager and the employment of special planning consultants shall be determined by the City Council. "Sec. 9. PLANNING DEPARTMENT - DIRECTOR OF PLANNING. The head of the Planning Department shall be appointed by the City Manager and.shall be known as the Director of Planning. • 'Sec. 10. DIRECTOR OF PLANNING, POWERS AND DUTIES. The Director of Planning shall be responsible to the City Manager I and have the following duties and responsibilities: (a) To prepare in cooperation with the Plan Commission and within the policy framework established by the Plan Commission, a Comprehensive General Plan or amendments to an. existing plan, for the present and future development or redevelopment to the City. (b) To undertake research studies necessary to the prepara- tion,.modificaiion and implementation of the Comprehensive General Plan or parts thereof. (c) To prepare and recommend, and to assist other executive de- partments of the City in the development of specific plans and programs of capital improvements, and to help ensure that such plans and pro- grams .will be integrated into the Comprehensive General Plan. (d) To participate with the City Manager and other department .heads in the annual revision of the capital improvements program for review by.the Plan Commission and the City Council as a part of the annual budget formulation process of the City. (e) To serve as Secretary to the Plan Commission, to keep all records of the Plan Commission; and to provide such staff services as may be necessary to assist the Plan Commission in carrying out its duties. 13-0-77 (f) To undertake research studies and to develop plans and pro- grams and make recommendations for community or area Irenewal, includ- ing such plans for conservation, rehabilitation or redevelopment as I may be authorized by the City Council. (g) To serve as liaison between the City administration and Plan Commission, and professional consultants retained by the City to undertake general or specific studies related to the preparation, modification or implementation of the Comprehensive General Plan. (h) To .review zoning,- subdivision, and related ordinances prior to adoption by the City Council. I (i) To establish close working relationships with the adminis- trative officers of other local governmental jurisdictions so that i plans of all agencies -for the development or redevelopment of the community will be coordinated. j (j) To plan, organize and put into effect sound programs of pub- lic education concerning the long range development of the community after general review by the City Manager and the Plan Commission. i! i "Sec. 11. FUNDS FOR,PLANNING. • !I I The City may appropriate from any funds under its control such i� sums as the corporate a.uthorities may deem proper for the maintenance ;! and operation of the Plan -Commission and Planning Department, in- I' eluding the salaries of all paid members and employees; the develop- ment of a planning program, and the preparation of pro- jects regulations, ij (� and programs pertinent to the development, redevelopment and re- newal of the City. if j The City may accept, receive and expend funds, grants and services from the federal government or its agencies, the State of Illinois or its agencies, the Northeastern Illinois Planning Commission, other i regional or local governments or their agencies, or from private per- sons or corporations or foundations for planning purposes generally 41. or for planning specific projects. -6- • • 13-0-77 "Sec. 12. OFFICIAL COMPREHENSIVE.GENERAL PLAN. A. MEANING The Comprehensive General Plan is advisory and in and of itself shall not be construed to regulate or control the use of private property in any way except as to such part thereof as has been implemented by ordinances duly enacted by the City Council. The official Comprehensive General Plan, or any amendment thereof, or addition thereto, shall be effective in the City only after its formal adoption by the City Council. B. PUBLIC HEARING An official Comprehensive General Plan, or any amendment thereof, • shall not�be adopted by the City Council until notice and oppor- tunity for public hearings have first been afforded in the man- ner herein provided. (1) Upon submission of a Comprehensive General Plan by the. Plan Commission and Planning Department, or a proposed amendment to -an existing Comprehensive General Plan, the City Council may schedule a public hearing thereon, either before the Plan Commission or the City Council. (2) Not less than 15 days notice of the proposed hearing, and the time and place thereof, shall be given by pub- lication in a newspaper of general circulation in the City. (3) All persons desiring to be heard in support or opposi- tion to the Comprehensive General Plan or amendment shall be afforded such opportunity, and may submit their statements orally, in writing, or both. (4) The hearing may be recessed to another .date if not con- cluded, if. notice of the time and place thereof is publicly announced at the hearing or is given by news- paper publication not less,than five (5) days prior to • the recessed hearing. -7- 13-0-77 • . C. PROCEDURE FOR ADOPTION Within ninety (90) days after the conclusion of the hearing, the City Council, after consideration of the recommendation of the Plan Commission and Planning Department and such information as shall have been derived from the hearing, shall either adopt the Comprehensive General Plan or amendment in whole or in part or reject the entire Comprehensive General Plan or.amendment. If at the expiration of such ninety (90) days, the corporate authorities have taken no formal action, the Comprehensive Gen- eral Plan or amendment thereto may thereafter not be acted upon by the City Council, without again complying with the conditions of notice and hearing heretofore provided. • The City Council may adopt parts of a Comprehensive General Plan recommended by the Plan Commission and Planning Department with- out adopting the entire Comprehensive General Plan as recommend- ed, or may modify or amend portions of a recommended Comprehensive General Plan without a re -reference of same to the Plan Commis- sion and Planning Department and may adopt such Comprehensive_ General Plan, as modified or amended. Such Comprehensive Gener- al Pla.n, when adopted, shall be the official Comprehensive General Plan, or part thereof, of the municipality. No Compre- hensive General Plan or amendment thereto shall be adopted that has not been submitted to the Plan Commission and Planning Department. An ordinance shall not be construed to modify or amend the Comprehensive General Plan in whole or in part unless it so states. e -3- 13-0-77 • D. EFFECTIVE DATE The Comprehensive General Plan or amendment shall become effec- tive upon the expiration of 10 days after the date of filing notice of the adoption of such Comprehensive General Plan or amendment with the County Recorder of Deeds. "Sec. 13. PLANNING RECORDS - PUBLIC INSPECTION. The official Comprehensive General Plan and the ordinance shall be placed on file with the City Clerk and shall be available at all times during business hours for public. inspection. Copies of the plan and all ordinances implementing the same shall be made available to all interested parties upon payment of such sum as the City Council shall. determine to be adequate to reimburse the general fund of the • - municipality for the -cost of printing -and distributing the same. Sec. 14. REPEAL. Ordinances or parts of ordinances in co.nflict herewith are, to the extent of such conflict, hereby repealed. Section 33-1 through 33-6 inclusive of the Code of the City of Evanston, 1957, are hereby. expressly repealed. "Sec. 15. VAL4DITY. Any part of.this ordinance or action taken under such part which may be.declared by a court of competent jurisdiction to be invalid shall not affect the validity of any other part or section thereunder. The provisions of this ordinance shall not affect the validity of any official Compre-hensive General Plan adopted and in force prior tothe effective date hereof." -9- • 13-0-77 SECTION 2: All ordinances or parts of ordinances in conflict here- with are hereby repealed. • SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided in the manner provided by law. Introduced�Ip . ' 1977 Adopted -flowA'V JAS .1977 Approved R S 1977 ;Mayor` ATTEST: m �e City Clerk Approved as to form: �( orporation Counse Y/ -10-