HomeMy WebLinkAboutORDINANCES-2009-095-O-09in
10/26/2009
Effective Date: November 13, 2009 10/1/2009
95-0-09
AN ORDINANCE
Amending and Enacting Sections of the Zoning Ordinance
That Relate to Townhouse Orientation
WHEREAS, on July 29, 2009, and August 12, 2009, the Plan
Commission held public hearings, pursuant to proper notice, regarding case nos.
09-PLND-0056 (C-2) and (C-6) to consider amendments to the text of Title 6 of
the Evanston City Code of 1979, as amended (the "Zoning Ordinance"), related
to townhouse orientation and active ground floor use requirements in the oCSC
Central Street Corridor Overlay District, respectively; 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 meetings of October 12, 2009 and October 26,
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-2), but not (C-6), and recommended City Council approval
accordingly; and
WHEREAS, at its meeting of October 26, 2009, the City Council
considered and adopted the record and recommendations of the Planning and
0 Development Committee,
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6 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 6-3-8-3-(D) of the Zoning
Ordinance, is hereby amended to read as follows:
(D) Major Variations: "Major Variations" shall be defined as all Variations other
than Minor Variations and Fence Variations, and shall be limited to the
following:
1. Yards and setbacks.
2. Height.
3. Lot size, width and depth (including flag lots).
4. Lot coverage including impervious surface and/or floor area ratio.
5. Off-street parking and loading.
6. Home occupations.
7. Townhouse orientation.
SECTION 3: That Subsection 6-3-8-2-(C) of the Zoning
Ordinance is hereby amended to read as follows:
(C) The City Council shall retain the authority to grant Major Variations
pertaining to off-street parking, off-street loading, height beyond fifty feet
(50'), including within that measurement any height otherwise excluded
because the story provides required parking, and townhouse orientation.
SECTION 4: That Subsections 6-3-8-10-(C) and (D) of the Zoning
Ordinance are hereby amended to read as follows:
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(C) Zoning Board of Appeals Decision: Following the close of the public
hearing, the Zoning Board of Appeals shall either approve, approve with
conditions, or deny the application for Major Variation or the combined
Variation application, except when the application for Major Variation
pertains to off-street parking, off-street loading, height beyond fifty feet
(50'), including within that measurement any height otherwise excluded
because the story provides required parking, or townhouse orientation, or
when the application for Major Variation pertaining to off-street parking,
off-street loading, height beyond fifty feet (50'), including within that
measurement any height otherwise excluded because the story provides
required parking, or townhouse orientation, is combined with any other
Variation application; for such exceptions, the Zoning Board of Appeals
shall make a recommendation of approval, approval with conditions, or
denial to the City Council for their consideration.
(D) City Council Decision: Upon receipt of the recommendation of the Zoning
Board of Appeals regarding an application for a Major Variation for off-
street parking, off-street loading, height beyond fifty feet (50'), including
within that measurement any height otherwise excluded because the story
provides required parking, or townhouse orientation, or a combined
application for Major Variation pertaining to off-street parking, off-street
loading, height beyond fifty feet (50'), including within that measurement
any height otherwise excluded because the story provides required
parking, or townhouse orientation, and any other Variation, the City
Council shall either approve, approve with conditions, or deny the
application.
SECTION 5: That Subsection 6-3-8-12-(E) of the Zoning
Ordinance is hereby amended to read as follows:
(E) Major Variations: Major Variations may be authorized by the Zoning Board
of Appeals, or by the City Council in the case of an application for a Major
Variation to off-street parking, off-street loading, height beyond fifty feet
(50'), including within that measurement any height otherwise excluded
because the story provides required parking, or townhouse orientation, or
a combined application for a Major Variation pertaining to off-street
parking, off-street loading, height beyond fifty feet (50'), including within
that measurement any height otherwise excluded because the story
provides required parking, or townhouse orientation, and any other
Variation, upon making written findings that the proposed Variation
satisfies the following standards:
SECTION 6: That Subsection 6-3-8-13 of the Zoning Ordinance
is hereby amended to read as follows:
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6-3-8-13: SPECIAL PROCEDURES IN CONNECTION WITH COMBINED
MAJOR VARIATION APPLICATIONS:
Whenever an application for a Major Variation would, in addition, require a Major
Variation for off-street parking, off-street loading, height beyond fifty feet (50'),
including within that measurement any height otherwise excluded because the
story provides required parking, or townhouse orientation, the applicant shall
indicate that fact on the application where indicated and shall, at the time of filing
the application for Major Variation, file an application for a Major Variation
pertaining to off-street parking, off-street loading, height beyond fifty feet (50'),
including within that measurement any height otherwise excluded because the
story provides required parking, or townhouse orientation. The Zoning Board of
Appeals shall and the City Council may combine the applications and review and
decide both simultaneously in accordance with the procedures set forth in
Section 6-3-8-10 of this Chapter.
SECTION 7: That Subsection 6-3-8-14 of the Zoning Ordinance
is hereby amended to read as follows:
6-3-8-14: CONDITIONS ON VARIATIONS:
The Zoning Administrator, in the case of applications for Minor Variations and
Fence Variations, the Zoning Board of Appeals, in the case of applications for
Family Necessity Variations, Major Variations, and combined Major and Minor
Variations, and the City Council, in the case of applications for Major Variations
pertaining to off-street parking, off-street loading, height beyond fifty feet (50'),
including within that measurement any height otherwise excluded because the
story provides required parking, or townhouse orientation, or a combined
application for a Major Variation pertaining to off-street parking, off-street
loading, height beyond fifty feet (50'), including within that measurement any
height otherwise excluded because the story provides required parking, or
townhouse orientation, and any other Variation, may impose specific conditions
and limitations upon the granting of a Variation as are necessary to achieve the
purposes and objectives of this ordinance. Such conditions and limitations may
include, but are not limited to, those concerning use, construction, character
location, landscaping, screening and other matters relating to the purposes and
objectives of this ordinance and shall be expressly set forth in the decision
granting the Variation. Violation of any such condition or limitation shall be a
violation of this ordinance and shall constitute grounds for revocation of the
Variation by the Zoning Administrator pursuant to Section 6-3-10-6 of this
Chapter.
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SECTION 8: That Section 6-8-1 of the Zoning Ordinance,
"General Requirements" for Residential Districts, is hereby amended to include
a new Subsection 12 to read as follows:
6-8-1-12: TOWNHOUSE ORIENTATION:
Single-family attached dwelling units, commonly referred to as townhouses, shall
have frontage on a public street.
SECTION 9: That Subsection 6-8-5-5 of the Zoning Ordinance is
hereby amended to read as follows:
6-8-5-5: LOT WIDTH:
The minimum lot width in the R4 District is as follows:
Minimum Lot Width
(A) Single-family detached dwelling unit Thirty-five feet (35')
(B) Two-family dwellings Thirty-five feet (35')
(C) Single-family attached dwelling unit; Sixty feet (60')
three (3) or more
(D) Other uses Fifty feet (50')
SECTION 10: That Subsection 6-8-6-5 of the Zoning Ordinance is
hereby amended to read as follows:
6-8-6-5: LOT WIDTH:
The minimum lot width in the R4a District is as follows:
Minimum Lot Width
(A) Single-family detached dwelling unit Thirty-five feet (35')
(B) Two-family dwellings Thirty-five feet (35')
• (C) Single-family attached dwelling units; Sixty feet (60')
three (3) or more
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(D) Other uses Fifty feet (50')
SECTION 11: That Subsection 6-8-7-5 of the Zoning Ordinance is
hereby amended to read as follows:
6-8-7-5: LOT WIDTH:
The minimum lot width in the R5 District is as follows:
Minimum Lot Width
(A) Single-family detached dwelling unit Thirty-five feet (35')
(B) Two-family dwellings Thirty-five feet (35')
(C) Single-family attached dwelling units; Sixty feet (60')
three (3) or more
(D) Other uses Fifty feet (50')
SECTION 12: That Subsection 6-8-8-5 of the Zoning Ordinance is
hereby amended to read as follows:
6-8-8-5: LOT WIDTH:
The minimum lot width in the R6 District is as follows:
Minimum Lot Width
(A) Single-family detached dwelling unit Thirty-five feet (35')
(B) Two-family dwellings Thirty-five feet (35')
(C) Single-family attached dwelling units; Sixty feet (60')
three (3) or more
(D) Other uses Fifty feet (50')
SECTION 13: That Section 6-13-1 of the Zoning Ordinance,
"General Requirements" for Transitional Manufacturing Districts, is hereby
• amended to include a new Subsection 11 to read as follows:
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6 6-13-1-11: TOWNHOUSE ORIENTATION:
Single-family attached dwelling units, commonly referred to as townhouses, shall
have frontage on a public street.
SECTION 14: That Subsection 6-13-2-5 of the Zoning Ordinance
is hereby amended to read as follows:
6-13-2-5: LOT WIDTH:
The minimum lot width requirements for the MU District are as follows:
(A) Nonresidential Uses: The minimum lot width requirement for
nonresidential uses in the MU District is thirty-five feet (35').
(B) Residential Uses:
Minimum Lot Width
1. Single-family detached Thirty-five feet (35')
2. Single-family attached dwelling unit; Sixty feet (60')
three (3) or more
3. Two-family Fifty feet (50')
4. Multiple -family Fifty feet (50')
SECTION 15: That Subsection 6-13-3-5 of the Zoning Ordinance
is hereby amended to read as follows:
6-13-3-5: LOT WIDTH:
The minimum lot width requirements for the MUE District are as follows:
(A) Nonresidential Uses: There is no minimum lot width requirement for
nonresidential uses in the MUE District.
(B) Residential Uses:
Minimum Lot Width
1. Single-family detached Thirty-five feet (35')
• 2. Single-family attached dwelling unit; Sixty feet (60')
three (3) or more
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3. Two-family Fifty feet (50')
4. Multiple -family Fifty feet (50')
SECTION 16: That Subsection 6-13-4-5 of the Zoning Ordinance
is hereby amended to read as follows:
6-13-4-5: LOT WIDTH:
The minimum lot width requirements for the MXE District are as follows:
Minimum Lot Width
(A) Nonresidential Uses Thirty-five feet (35')
(B) Residential Uses
1. Single-family detached Thirty-five feet (35')
2. Single-family attached dwelling unit; Sixty feet (60')
three (3) or more
3. Two-family Thirty-five feet (35')
4. Multiple -family Fifty feet (50')
SECTION 17: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 18: 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.
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SECTION 19: That this ordinance shall be in full force and effect
from and after its passage, approval and publication in the manner
provided by law.
Introduced: Lt "I A- L2 , 2009
Adopted: Oik� -4' 14 , 2009
Attest:
Ro4Gre, City lerk
Approved:
2009
Elize66th B. Tisdahl, Mayor
Approved as to form:
Elke B. Tober-Purze, Interim
First Assistant Corporation Counsel