HomeMy WebLinkAboutORDINANCES-2008-035-O-08•
2/11 /2008
35-0-08
AN ORDINANCE
Amending Chapters 4 and 18 of the Zoning Ordinance
to Provide for the Regulation of Solar Collectors
WHEREAS, the Plan Commission held public hearings on March 8,
2006, April 5, 2006, May 10, 2006, and June 14, 2006, pursuant to proper notice in
case no. ZPC 06-02-T, to amend the text of the Zoning Ordinance to create
specific regulations for the location and appearance of solar collectors; and
WHEREAS, at its June 14, 2006, meeting, the Plan Commission
received testimony, made a verbatim transcript and written findings that the
amendments met the standards for text amendments indicated in Section 6-3-4-5
of the Zoning Ordinance, and recommended City Council approval thereof; and
WHEREAS, at its August 14, 2006, meeting, the Planning and
Development Committee of the City Council considered and adopted the
findings and recommendation of the Plan Commission in case no. ZPC 06-02-T
and recommended City Council approval of the amendments for regulation of
solar panels; and
WHEREAS, at its August 14, 2006, meeting, the City Council
considered the respective records and recommendations of the Plan
Commission and the Planning and Development Committee; and
WHEREAS, at its September 11, 2006, meeting, the City Council
referred the matter back to the Planning and Development Committee; and
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WHEREAS, at its November 13, 2006, meeting, the Planning and i
Development Committee heard comments from the City's Environment Board
regarding the proposed amendments and referred the matter back to the Plan
Commission for further consideration of the Environment Board's input; and
WHEREAS, at its October 3, 2007, meeting, the Zoning Committee
of the Plan Commission revised the proposed amendments to the Zoning
Ordinance; and
WHEREAS, the Plan Commission held a public hearing on January
9, 2008, pursuant to proper notice in case no. ZPC 06-02-T, received testimony,
made a verbatim transcript and written findings that the amendments, as revised,
met the standards for text amendments indicated in Section 6-3-4-5 of the Zoning
Ordinance, and recommended City Council approval thereof; and
WHEREAS, at its April 28, 2008, meeting, the Planning and
Development Committee of the City Council considered and adopted the
findings and recommendation of the Plan Commission, as revised, in case
no. ZPC 06-02-T and recommended City Council approval thereof; and
WHEREAS, at its May 12, 2008, meeting, the City Council
considered and adopted the respective 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 Section 6-4-6-3 of the Evanston City Code of
1979, as amended, is hereby further amended, to read as follows:
6-4-6-3: ALLOWABLE ACCESSORY USES AND STRUCTURES
(DETACHED FROM PRINCIPAL STRUCTURE):
(A) Detached Accessory Buildings, Structures And Uses: Accessory buildings,
structures or uses shall be permitted as provided in table 4-A of this
Section and detached accessory buildings, structures, or uses in a
residential district shall:
1. Cover no more than forty percent (40%) of a rear yard when
located in a rear yard. However, in no case shall the maximum lot
coverage requirement for the zoning district be exceeded.
2. Not be located in a side yard abutting a street or interior side yard
• between the principal structure and the side lot line.
3. Not be located between the building line and the principal structure
(except as permitted in front yards).
(B) Table 4-A - Permitted Accessory Buildings, Structures And Uses:
Table 4-A includes yard obstructions (see Subsection 6-4-1-9(B) of this Chapter)
attached . to the principal or a secondary structure as well as freestanding
accessory buildings, structures, and uses.
KEY
Required Yards:
Front and side yards abutting a street F
Side yards S
Rear yards R
Districts:
Residential district Rsd
Nonresidential district N-Rsd
Residential and nonresidential districts Both
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Yard
District
1.
Accessory dwelling units to single-family
S R
Both
detached homes
2.
Air-conditioning equipment (shall not be
S R
Both
permitted within 10 feet of any lot line except
window unit air conditioners that shall be no
closer than 5 feet)
3.
Antennas greater than one meter (1 m) (3 feet
R
Rsd
3 1/4 inches) in diameter, or such other
F S R
N-Rsd
dimensions as may be established by 47 CFR
1.4000, as it may be amended (subject to the
conditions of section 6-4-6-6 of this Chapter)
4.
Arbors and°trellises
F S R
Both
5.
Awnings and canopies (projecting no more
F R
Both
than 5 feet from an exterior wall)
6.
Balconies (projecting no more than 3 feet from
F R
Both
an exterior wall)
7.
Basketball backboard hoops, backboards and
R
Both
supporting posts
8.
Bay windows (projecting no more than 2 feet
F S R
Both
from an exterior wall)
9.
Compost pile/structures
R
Both
10.
Decks, patios and outdoor facilities
R
Both
11.
Doghouses
R
Both
12.
Driveway pavement (see the manual of design
F S R
Both
guidelines for required percentage of front yard
in live ground cover)
13.
Fences subject to section 6-4-6-7 of this
F S R
Both
chapter (fence regulations)
14.
Fire escapes (open) and fire towers
S R
Both
15.
Flag poles
F R
Both
16.
Garages (detached), coach houses, and
S R
Both
carports (subject to garage regulations, section
6-4-6-4 of this chapter)
17.
Gazebos
R
Rsd
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• Yard District
18.
Open off-street parking (however, in a
F S R Both
residential district open off -street parking shall
be within 30 feet of the rear lot line or alley)
19.
Laundry drying equipment
R Rsd
20.
Ornamental light standards
F R Both
21.
Solar Collectors (active and passive) subject to
F S R Both
section 6-4-6-8 of this chapter
22.
Permanently anchored lawn furniture (garden
F R Both
furniture and decorations such as benches,
sundials, birdbaths, statues, sculpture
and artwork)
23.
Playground equipment and playhouses
R R
(provided they are no closer than 5 feet from
any property line)
24.
Porte-cochere (projecting no more than 10 feet
F S R N-Rsd
from an exterior wall in a residential district and
no more than 15 feet in a nonresidential
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district)
25.
Sheds and storage structures for garden
R Rsd
equipment (sheds for propagation or keeping
of birds, poultry or livestock are prohibited)
26.
Steps, open (shall not be less than 1 foot from
F S R Both
a lot line)
27.
Storage of any vehicles (provided they are no
R N-Rsd
closer than 10 feet from any property line)
28.
Storage of boats and recreational vehicles (In
R Rsd
residential, RE, transitional, and university
districts, not more than 1 truck with a gross
weight of 8,000 pounds or less, or 1 trailer with
a gross weight of 5,000 pounds or less, and
not more than 1 motorized mobile camping
unit, boat, and/or boat trailer may be parked
within a building or in a rear yard, but not in a
front or side yard or in any court area that
opens toward a public street.)
• 29.
Swimming pools (provided they are no closer
R Rsd
than 10 feet from any property line)
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Yard District
30. Tennis courts (provided they are no closer than R Both
10 feet from any property line)
31. Terraces at grade F S R Both
32. Transformers R Rsd
S R N-Rsd
SECTION 2: That Section 6-4-6 of the Zoning Ordinance is
hereby amended by adding a new subsection 8, "Special Regulations Applicable
to Solar Collectors", to read as follows:
6-4-6-8: SPECIAL REGULATIONS APPLICABLE TO SOLAR COLLECTORS:
(A) Purpose And Applicability: The purpose of this Section is to ensure that
solar collectors, whether accessory to principal uses, or integrated with
principal uses, are compatible in character and appearance with the
principal structure and surrounding neighborhood or area of the zoning
districts in which they are located.
The provisions of this Section apply to solar collectors installed or modified
after the effective date hereof. Solar collectors are permitted as an
accessory use to any principal permitted or special use subject to the
following development standards.
(B) Appearance and Materials: Solar collectors should be neutral in color and
generally matching the roof color of the principal structure. All such
devices shall have the following characteristics:
1. Not be plastic or other non -UV stable material;
2. Include frames, where applicable, of anodized aluminum or painted
steel; and
3. Where devices are encased with glass, the glass shall be non -
reflective tempered glass.
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• (C) Yards: Solar collectors shall be subject to the following yard requirements:
1. Solar collectors are an allowed encroachment in front, side, and
rear, yards so long as they do not project more than five feet (5')
from an exterior wall.
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2. Solar collectors may be located flush with the exterior wall of the
principal and street -facing facades.
3. In side wall installations, solar collectors must be set back a
minimum of three feet (3') from the property line.
4. In rear wall installations, solar collectors must be set back a
minimum of three feet (3') from the rear property line.
(D) Height: Solar collectors shall be subject to the following height
requirements:
1. Solar collectors may not exceed the maximum building height
requirements for the district in which they are located;
2. Solar collectors located on sloped roof buildings may extend up to
five feet (5) above the roof ridge; and
3. Solar collectors located on flat roofed buildings may extend up to
ten feet (10') above the roof height.
(E) Solar collectors integrated into the structure or building cladding shall be
subject to the bulk requirements of the zoning district in which they are
located.
(F) Ground mounted separate or adjacent to the principal structure: Solar
collectors mounted on the ground shall not:
1. be more than ten feet (10') high;
2. have a footprint (as determined by a horizontal plane at the ground
generated by extending all parts of the structure vertically down)
greater than twenty-five percent (25%) of the principal building
footprint; or
3. be located in front or street facing yards.
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(G) Accessory structures: Solar collectors mounted to accessory structures:
1. shall comply with all yard requirements for accessory structures;
and
2. may extend up to four feet (4) above the roof ridge for sloped -roof
structures and up to five feet-(5') above the roof height for flat -
roofed structures.
(H) Solar collectors which meet the minimum standards and maximum size
limits as determined by Section 6-4-6-8, shall not be counted in lot
coverage or impervious surface area.
SECTION 3: That Section 6-18-3, "Definitions", is hereby
amended by revising the definition of "building height, mean" and adding a
definition of "solar collector" in appropriate alphabetical order, to read as follows:
6-18-3: DEFINITIONS:
BUILDING HEIGHT, MEAN:
(A) The perpendicular distance measured from the established grade to the
high point of the roof for a flat roof, the deck line of a mansard roof, and to
the mean height level for gable, hip or gambrel roofs. Mean height level is
computed as the average of the height of the high point of the roof and the
highest level where the plane of the main roof, excluding dormers,
intersects the plane of an outside wall below the main roof. Chimneys and
spires shall not be included in calculating the height nor shall mechanical
penthouses or solar collectors, provided the penthouses and collectors
cannot be seen from the street. The highest point of the following
structures or structure features is used as the high point of the roof in
computing mean height level when said structure or feature is: 1) the
highest point of the structure and 2) has an outer perimeter enclosing an
area of sixteen (16) square feet or more regardless of the presence of
floor. Said structure or feature is treated as a spire when having an outer
perimeter enclosing an area of less than sixteen (16) square feet. Said
structures or features include: turrets, towers, belfries, cupolas, lanterns,
widow's walks or similar structures.
(B) The height of any story of a- structure shall be excluded from the
calculation of its height when seventy five percent (75%) or more of the
gross floor area of such story consists of parking required for the structure
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• (excluding mechanical penthouse). This exclusion of required parking from
the calculation of building height shall be applicable to all permitted and
special uses in the B3, D2, D3, and D4 zoning districts including planned
developments, with the exception of planned developments in the D3
zoning district. Where the required parking exclusion is applicable, it shall
in no case be greater than four (4) stories or forty feet (40'), whichever
is less.
(C) Anywhere in this zoning ordinance where the words building height are
indicated without designation of mean building height or absolute building
height the reference is to mean building height.
SOLAR COLLECTOR: A silent device, structure, or part of a device or structure,
which is used primarily to transform solar energy into thermal, chemical, or
electrical energy. The solar collector shall be used as part of a system which
makes use of such energy for the purposes of water heating, space heating or
cooling, or power generation.
SECTION 4: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
• 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.
Introduced: A , 2008 Approved:
Adopted:( '��, 2008 I , 2008
Lrraine H. Morton, Mayor
Attest:
Mary P. o i , 'ty Clerk
Approved astoform:
Elke ober-P
First Assistant Corporation Counsel
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