HomeMy WebLinkAboutORDINANCES-2009-067-O-09I
• Effective Date: October 15, 2009 7/29/2009
67-0-09
AN ORDINANCE
Amending Various Portions of
Section 6-18-3 of the Zoning Ordinance,
"Definitions"
WHEREAS, on April 15, 2009, June 17, 2009, and July 8, 2009,
the Plan Commission held public hearings, pursuant to proper notice, regarding
case nos. ZPC 09-PLND-0014 (B-2, B-3, B-9) to consider various amendments
to the text of Title 6 of the Evanston City Code of 1979, as amended (the
"Zoning Ordinance"), specifically to Section 6-18-3, "Definitions"; 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 number
ZPC 09-PLND-0015 (B-4) and recommended City Council approval thereof; and
WHEREAS, at its meeting of September 29, 2009, the City Council
considered and adopted the records and - recommendations of the Plan
Commission and the Planning and Development Committee,
t
67-0-09
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 the definition of "Community Center" found in
Section 6-18-3 of the Zoning Ordinance is hereby amended to read as follows:
COMMUNITY CENTER: A place, structure, area or other facility that is open to
the public, under the jurisdiction of a public or non-profit agency, and is used for
community recreation, education and/or service activities. A community center
may include, but is not limited to, the following uses: auditorium, multi -purpose
room, gymnasium, meeting space, open space, playground, playing courts,
playing field, and swimming pool. Community Center does not include retail
services, membership organizations, commercial indoor recreation, commercial
outdoor recreation, transitional shelter, transitional treatment facility, short or long
term care facility.
SECTION 3: That Section 6-18-3 of the Zoning Ordinance is •
hereby amended to include the following:
LIVE -WORK UNIT: A structure or portion of a structure: (1) that combines an
allowed commercial or manufacturing activity with a residential living space for
the owner or proprietor of the commercial or manufacturing activity, and that
person's household; (2) where the resident owner or proprietor of the business is
responsible for the commercial or manufacturing activity performed; and
(3) where the commercial or manufacturing activity conducted takes place
pursuant to a valid business license or permit associated with the premises.
SECTION 4: That the definition of "Restaurant, Type 1" found in
Section 6-18-3 of the Zoning Ordinance is hereby amended to read as follows:
RESTAURANT, TYPE 1: A restaurant wherein less than thirty percent (30%) of
food and beverages served is consumed off the premises, excluding food and
beverages delivered directly to the residence or workplace of the consumer, and
where food and beverages are not served at a drive -through facility.
SECTION 5: That the definition of "Restaurant, Type 2" ,found in is
Section 6-18-3 of the Zoning Ordinance is hereby amended to read as follows:
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67-0-09
• RESTAURANT, TYPE 2: A restaurant where thirty percent (30%) or more of
food and beverages served are consumed off -premises, excluding food and
beverages delivered directly to the residence or workplace of the consumer, or
where any food and beverages are served at a drive -through facility.
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SECTION 6: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 7: 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 8: That this Ordinance 67-0-09 shall be in full force
and effect from and after its passage, approval and publication in the manner
provided by law.
Introduced:.. TkfiV&C
Adopted: A A
, 2009 Approved:
, 2009I , 2009
Eliz eth B. Tisdahl, Mayor
Attest: Approved as to form:
$Rodney G gene, City Clerk Elke B. Tober-Purze, Interim
r First Assistant Corporation Counsel
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