HomeMy WebLinkAboutORDINANCES-2009-066-O-09• Effective Date: October 15, 2009 9/29/2009
7/29/2009
66-0=09
AN ORDINANCE
Amending Various Portions of the Zoning Ordinance
Relating. to Air Conditioning Equipment
WHEREAS, on March 25, 2009, April 15, 2009, June 17, 2009, and
July 8, 2009, the Plan Commission held public hearings, pursuant to proper
notice, regarding case no. ZPC 09-PLND-0.014 (A-8) to consider various
amendments to the text of Title 6 of the Evanston City Code of 1979, as
amended (the "Zoning Ordinance"), relating to air conditioning equipment; and
WHEREAS, the Plan Commission received testimony and made
• verbatim transcripts and findings pursuant to Section 6-3-4-5 of the Zoning
Ordinance that the proposed amendments met the standards for text
amendments, and recommended City Council approval thereof; and
WHEREAS, at its meeting of September 14, 2009, the Planning
and Development Committee of the City Council considered and adopted the
findings and recommendation of the Plan Commission, in case no. 09-PLND-
0014 (A-8) and recommended City Council approval thereof; and
WHEREAS, at its meeting of September 29, 2009, the City Council
considered, amended, and adopted the records and recommendations of the
Plan Commission and the Planning and Development Committee, as amended,
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL .
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are found as fact and
incorporated herein by reference.
SECTION 2: That Subsection 6-4-6-3-(B)-2 of the Zoning
Ordinance is hereby amended to read as follows:
2. Air conditioning equipment subject to Section 6-4-6-9 of this
Chapter.
SECTION 3: That the Zoning Ordinance is hereby further
amended to include a new Subsection 6-4-6-9 to read as follows:
6-4-6-9: SPECIAL REGULATIONS APPLICABLE TO AIR CONDITIONING
EQUIPMENT:
Air conditioning equipment shall not be permitted to be located: .
(A) in the front yard.
(B) within ten feet (10') of any property line with the following exceptions:
1. permitted within the required rear yard and within ten feet (10') of
the interior side property line.
2. permitted within ten feet (10') of a street side property line if:
(a) the equipment is located within two feet (2') of the principal
structure; and
(b) landscaping is planted around the unit to obscure it from
view of the public.
3. permitted within ten feet (10') of an interior side property line if:
(a) said property line abuts a non-residential district or an alley
of at least ten feet (10') in width in its entirety; and •
(b) said equipment is located within two feet (2') of the principal
structure; and
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(c) landscaping is planted around the unit to obscure it from
view of the public.
4. window air conditioner units are permitted within ten feet (10') but
not closer than five feet (5') of any side property line.
SECTION 4: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5: That if any provision of this ordinance or application
thereof to any person or circumstance is held unconstitutional or otherwise
invalid, such invalidity shall not affect other provisions or applications of this
ordinance that can be given effect without the invalid application or provision,
and each invalid provision or invalid application of this ordinance is severable.
SECTION 6: That this Ordinance 66-0-09 shall be in full force
and effect from and after its passage, approval and publication in the manner
provided by law.
Introduced: ' , 2009
Adopted:_*-p L.1--Y . aP-I'��, 2009
Attest:
odney reene, City Clerk
Approved:
-p L?Lr 1 , 2009
Eliza eth B. Tisdahl, Mayor
Approved as to form:
Elke B. Tober-Purze, Interim
First Assistant Corporation Counsel
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