HomeMy WebLinkAboutORDINANCES-2009-088-O-09Effective Date: October 15, 2009 9/1/2009
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88-0-09
AN ORDINANCE
Amending Portions of the Zoning Ordinance Related to the
MXE Mixed Use Employment District
WHEREAS, on July 29, 2009, and August 12, 2009 the Plan Commission
held public hearings, pursuant to proper notice, regarding case number 09-PLND-0056
(Cl) to consider amendments to the text of Title 6 of the Evanston City Code of 1979,
as amended (the "Zoning Ordinance"), related to the MXE Mixed Use Employment
District; 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 09-PLND-0056 (Cl) 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,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
• THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
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SECTION 1: That the foregoing recitals are found -as fact and •
incorporated herein by reference.
SECTION 2: That Subsection 6-4-4-4 of the Zoning Ordinance is hereby
amended to read as follows:
6-4-4-4: RESIDENTIAL CARE HOMES (CATEGORY I - FOUR TO EIGHT
RESIDENTS) AUTHORIZED AS PERMITTED USES IN CERTAIN RESIDENTIAL AND
NONRESIDENTIAL DISTRICTS:
Residential care homes (Category 1) shall be permitted, as of right, upon the issuance
of a license pursuant to Section 6-4-4-2, in the R1, R2, R3, R4, R5, R6, 131, B2, B3,
C1a, D1, D2, D3, D4, MU, MXE, T1 and T2; provided, however, that Residential Care
Homes (Category 1) established in the 131, B2, B3, C1a, D2, D3, and D4, shall be
located above the ground floor and further provided that no residential care homes
(Category 1) shall be permitted within nine hundred feet (900') of another residential
care home or transitional treatment facility.
SECTION 3: That Subsection 6-4-4-6 of the Zoning Ordinance is hereby
amended to read as follows: •
6-4-4-6: RESIDENTIAL CARE HOMES (CATEGORY II - NINE TO FIFTEEN
RESIDENTS) AUTHORIZED AS PERMITTED USES IN CERTAIN RESIDENTIAL AND
NONRESIDENTIAL DISTRICTS:
Residential care homes (Category 11) shall be permitted, as of right, upon the issuance
of a license pursuant to Section 6-4-4-2, in the R4, R5, R6, D1, MU, and MXE;
provided, however, that no residential care homes (Category 11) shall be permitted
within nine hundred feet (900') of another residential care home or transitional
treatment facility.
SECTION 4: That Subsection 6-4-5-3 of the Zoning Ordinance is hereby
amended to read as follows:
6-4-5-3: TRANSITIONAL TREATMENT FACILITIES (CATEGORY I - FOUR TO
EIGHT RESIDENTS) AUTHORIZED AS SPECIAL USES IN CERTAIN RESIDENTIAL
DISTRICTS:
A transitional treatment facility (Category 1) may be permitted as a special use pursuant •
to the provisions set forth in Section 6-3-5, "Special Uses," and upon issuance of a
license pursuant to Section 6-4-5-2, in the R1, R2, R3, R4, R5, R6, MU, MUE, MXE, T1,
and T2 Districts; provided, however, that no transitional treatment facility (Category 1)
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• shall be permitted within nine hundred feet (900') of another transitional treatment
facility or a residential care home.
SECTION 5: That Subsection 6-4-5-4 of the Zoning Ordinance is hereby
amended to read as follows:
6-4-5-4: TRANSITIONAL TREATMENT FACILITIES (CATEGORY II — NINE TO
FIFTEEN RESIDENTS) AUTHORIZED AS SPECIAL USES IN CERTAIN
RESIDENTIAL DISTRICTS:
A -transitional treatment facility (Category II) may be permitted as a special use pursuant
to the provisions set forth in Section 6-3-5, "Special Uses," and upon issuance of a
license pursuant to Section 6-4-5-2, in the R4, R5, R6, MU, MUE, MXE, T1, and T2
Districts; provided, however, that no transitional treatment facility (Category II) shall be
permitted within nine hundred feet (900') of another transitional treatment facility or a
residential care home.
SECTION 6: That Subsection 6-4-6-7 (F) of the Zoning Ordinance is
hereby amended to read as follows:
• (F) Special Regulations For Fences Accessory To All Uses Within The Residential,
Business, Commercial, Transitional Campus, University, Downtown, And MU
Transitional Manufacturing Districts And Residential And Mixed Uses Within The MUE
Transitional Manufacturing and MXE Mixed Use Employment Districts: The following
standards shall regulate the erection, construction, replacement, or installation of a
fence accessory to all uses within the R1, R2, R3, R4, R5, R6, B1, B1 a, B2, B3, C1,
C 1 a, C2, T1, T2, U 1, U2, U3, RP, 01, OS, D 1, D2, D3, D4, MU districts and residential
and mixed uses within the MUE and MXE districts:
1. Permitted Fence Materials: The permitted materials for fences accessory
to the uses listed in this subsection (F) are:
(a) Wood;
(b) Wood polymer lumber, provided said material consists of at least
fifty percent (50%) postconsumer and/or postindustrial wood fiber;
(c) Wrought iron;
(d) Masonry or stucco wall;
• (e) Chainlink, provided said material shall only be permitted within the
area between a street lot line and three feet (3') behind any street -facing facade of the
principal building where the required front and/or street side yard abuts a type 1 street,
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and the city council has specifically listed chainlink as a permitted fence material along •
the said type 1 street; and
(f) PVC, provided:
(1) Any post or horizontal component does not have a circular
cross-section;
(2) Any post or horizontal component has a wall thickness of at
least 0.120 inch;
(3) All fence material is solid wall extruded, ensuring any
coloring is consistent throughout the fence material;
(4) All fence material is recyclable at the conclusion of its
useful life; and
(5) Said fence material meets the material properties and
physical properties standards as established in standard specification F964-94 of the
1996 annual book of ASTM standards (American Society for Testing and Materials).
2. Permitted Fence Location: The permitted locations for fences accessory
to the uses listed in this subsection (F) are: •
(a) Required front yard, provided:
(1) The required front yard is adjacent to a type 1 street; and
(2) Wood, wood polymer lumber, wrought iron, or PVC fences
shall have a maximum fence opacity of seventy percent (70%);
(b) Required street side yard, provided:
(1) The required street side yard is adjacent to a type 1 street;
and
(2) Wood, wood polymer lumber, wrought iron, or PVC fences
shall have a maximum fence opacity of seventy percent (70%);
(c) Required interior side yard, provided any fence located within a
required interior side yard shall be set back from any front facing facade of the principal
building by three feet (3') unless said fence is connected to a portion of fence
permissibly located within the required front yard or required street side yard;
(d) Required rear yard; and
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• (e) Building envelope, provided any fence located within the building
envelope shall be set back from any front -facing facade of the principal building by
three feet (3'), unless said fence is connected to a portion of fence permissibly located
within the required front yard or required street side yard.
3. Permitted Fence Height: Fences accessory to the uses listed in this
subsection (F) shall not exceed six feet (6') in height, except:
(a) Fences shall not exceed four feet (4') in height when located within
the area between a front lot line and three feet (3') behind any front -facing facade of the
principal building or when located within a required street side yard, unless said fence is
located as described in subsection (F)3(b) of this Section 6-4-6-7, permitting the fence
to not exceed eight feet (8') in height;
(b) Fences shall not exceed eight feet (8') in height when located
within a required interior side yard or required rear yard and when the lot line associated
with said required yard or an abutting alley is a boundary between a residential use and
a nonresidential use;
(c) Temporary construction fences shall not exceed eight feet (8') in
height, provided the applicant conforms with Section 6-4-8-4 of this Chapter; and
• (d) Open mesh -type fences accessory to parks, recreational areas,
and school sites shall have no height restrictions.
SECTION 7: That Subsection 6-4-6-7(G) of the Zoning Ordinance is
hereby amended to read as follows:
(G) Special Regulations For Fences Accessory To Nonresidential Uses Within The
MUE Transitional Manufacturing and MXE Mixed Use Employment Districts And All
Uses Within The Industrial Districts: The following standards shall regulate the erection,
construction, replacement, or installation of a fence accessory to a nonresidential use in
the MUE or MXE District and any use within the 11, 12, and 13 Districts;
1. Permitted Fence Material: The permitted materials for fences accessory to
the uses listed in this subsection (G) are:
(a) Wood;
(b) Wood -polymer lumber, provided said material consists of at least
fifty percent (50%) post -consumer and/or post-industrial wood fiber;
• (c) Wrought iron;
(d) . Masonry or stucco wall;
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(e) Chainlink, provided said material is located within the required •
interior side yard or required rear yard;
(f) PVC, provided:
(1) Any post or horizontal component does not have a circular
cross-section;
(2) Any post or horizontal component has a wall thickness of at
least 0.120 inch;
(3) All fence material is solid -wall extruded, ensuring any
coloring is consistent throughout the fence material;
(4) All fence material is recyclable at the conclusion of its
useful life; and
(5) Said fence material meets the material properties and
physical properties standards as established in Standard Specification F964-94 of the
1996 Annual Book of ASTM Standards (American Society for Testing and Materials);
(g) Barbed wire, provided: •
. (1) Said fence material is located within the required interior
side yard or required rear yard;
feet (6'); and
Code; and
(2) Said fence material is located above the height of six
(3) Said fence material conforms with Section 7-5-2 of this
(h) Unfinished concrete or cinder block walls.
2. Permitted Fence Locations: The permitted locations for fences accessory
to the uses listed in this subsection (G) are:
(a) Required front yard;
(b) - Required street side yard;
(c) Required interior side yard;
(d) Required rear yard; and
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(e) Building envelope.
3. Permitted Fence Height: Fences accessory to the uses listed in this
Subsection (G) shall not exceed eight feet (8') in height, except open mesh -type fences
accessory to parks, recreational areas, and school sites shall have no height
restrictions.
SECTION 7: That Subsection 6-8-1-11 of the Zoning Ordinance is
hereby amended to read as follows:
6-8-1-11: SPECIAL CONDITIONS FOR OFFICE USES:
In residential districts wherein it is listed as a special use, office use may occur only in
the following instances and subject to the following conditions:
(A) The subject property shall be adjacent to any B, C, D, RP, 01, MU, MUE, MXE,
or I zoning district.
(B) The subject property shall be improved with, and the office(s) shall be located
within, a dwelling originally constructed as a single-family detached or two-family
dwelling.
(C) The Zoning Board of Appeals shall consider, make findings of fact regarding,
and, if necessary, attach specific conditions to address, the following characteristics of
the proposed use:
1. The number of employees;
2. The amount of parking;
3. The amount of traffic;
4. The number of clients on the subject property at any one time and
per day;
5. The hours of operation;
6. The hours during which pickup and delivery are permitted;
7. The manner in which utilities and other services are provided to the area;
8. Sources of noise, vibrations, smoke, dust, odor, heat, glare, or electrical
interference with radio or television transmission to the area;
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9. Exterior alterations to the residential appearance of the subject property, •
including, but not limited to, creating a separate or exclusive office entrance, signage or
other advertising or display to identify the office, fencing, and outdoor storage; and
10. The taxable value of buildings and land on, and within the vicinity of, the
subject property.
(D) If the City Council grants the special use, the property owner, or his or her agent,
shall provide the Cook County Assessor's office with appropriate documentation of the
nonresidential use of the subject property, including, but not limited to, the amount of
floor area devoted to nonresidential use. The property owner, or his or her agent, shall
cause to be placed on file in the office of the Zoning Division a copy of the above
described document. Said document and copy shall be received by the Cook County
Assessor's office and Zoning Division before the City may issue a final certificate of
occupancy for the nonresidential use.
SECTION 8: That Subsection 6-13-1-8 of the Zoning Ordinance is
hereby amended to read as follows:
6-13-1-8: OUTDOOR STORAGE AS AN ACCESSORY USE:
Outdoor storage shall be permitted in the transitional manufacturing districts in interior •
side and rear yards of lots abutting a nonresidential use. Such storage areas shall be
enclosed on all sides by an eight foot (8') solid fence and shall be subject to site plan
review. Outdoor storage areas shall, in no case, exceed fifteen percent (15%) of the
total area of the zoning lot in the MU District and twenty five percent (25%) of the total
area of the zoning lot in the MUE and MXE Districts.
SECTION 9: That Subsection 6-16-1-4 of the Zoning Ordinance is
hereby amended to read as follows:
6-16-1-4: EXEMPTION OF REQUIRED PARKING SPACES:
Except as limited in section 6-16-1-3 of this chapter, the first two thousand (2,000)
square feet for any building on a nonresidential lot in the business 131, B1 a, B2, B3, C1,
C1a, C2, 01, MU, MUE and MXE districts, and the first three thousand (3,000) square
feet for any building on a nonresidential lot in the D1, D2, D3, and D4 districts shall be
exempt from the calculation for required parking spaces. The exemption shall be
applied to the least generating use on the lot. Only one exemption shall be allowed
per zoning lot.
SECTION 10: That all ordinances or parts of ordinances in conflict •
herewith are hereby repealed.
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• SECTION 11: That if any provision of this Ordinance 88-0-09 or
application thereof to any person or circumstance is held unconstitutional or otherwise
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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 12: That this Ordinance 88-0-09 shall be in full force and
effect from and after its passage, approval and publication in the manner
provided by law.
Introduced:;AP -"tYt 1— f
Adopted: bjD4 #ably ,1'q
Attest:
9�;ney Gre ne," City Clerk
, 2009 Approved:
, 2009 tR' 4 bc r 1 , 2009
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Eliz eth B. Tisdahl, Mayor
Approved as to form:
Elke B. Tober-Purze, Interim
First Assistant Corporation Counsel
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