HomeMy WebLinkAboutORDINANCES-2009-089-O-09a
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9/1 /2009
89-0-09
AN ORDINANCE
Enacting a New Subsection 6-3-5-15 (D)
of the Zoning Ordinance
WHEREAS, on July 29, 2009, and August 12, 2009 the Plan
Commission held public hearings, pursuant to proper notice, regarding case no.
09-PLND-0056 (C-3) to consider an amendment to the text of Title 6 of the
Evanston City Code of 1979, as amended (the "Zoning Ordinance"), specifically
the enactment of a new Subsection 6-3-5-15 (D) thereof; 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-
0056 (C-3) 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,
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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 6-3-5-15 of the Zoning Ordinance,
"Limitations on Special Uses", is hereby amended to include a new Subsection
(D) to read as follows:
(D) Subject to an exception granted by the City Council, any Special Use shall
automatically terminate and be rendered void, without further action by the
City, if, for a continuous period of two (2) years, the land, structure, or
portion thereof for which the City Council has granted said Special Use
either becomes vacant and remains unoccupied, or is occupied for a use
other than said Special Use. Subsequent to such termination, any use or
occupancy of said land, structure, or portion thereof, shall comply with the
then -current use regulations of the zoning district wherein it is located.
SECTION 3: That all ordinances or parts of ordinances in conflict •
herewith are hereby repealed.
SECTION 4: 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 5: That this ordinance shall be in full force and effect
from and after its passage, approval and publication in the manner
provided by law.
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Introduced..
• Adopted:. " 4-A-jaLr-
Attest:
Ro ey Gre e, pity Clerk
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N , 2009
2009
Approved:
2009
t/
Eli eth B. Tisdahl, Mayor
Approved as to form:
Elke B. Tobe - urze, Interim
First Assistant Corporation Counsel
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