HomeMy WebLinkAboutORDINANCES-2007-070-O-07• Effective date: August 10, 2007 6/21/2007
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AN ORDINANCE
Amending Various Sections of the
Zoning Ordinance
That Relate to Substandard Residential Lots
WHEREAS, the Plan Commission held public hearings on
February 14, 2007, March 14, 2007, April 11, 2007, and May 9, 2007, pursuant
to proper notice, in case no. ZPC 06-11-T to consider amendments to various
sections of the text of the Zoning Ordinance that relate to substandard lots; 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 July 9, 2007 meeting, the Planning and
Development Committee of the City Council adopted- the findings and
recommendation of the Plan Commission in case no. ZPC 06-11-T and
recommended City Council approval thereof; and
WHEREAS, at its July 23, 2007 meeting, the City Council
considered and adopted the respective records and recommendations of the
Plan Commission and the Planning and Development Committee, and
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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 Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-4-1-7 to read as follows:
6-4-1-7: MINIMUM LOT SIZE:
(A) Every residential building hereafter erected on a lot or parcel of land created
subsequent to the effective date of this Ordinance shall be erected on a lot or
parcel of land that is in accordance with the lot size requirement of the district
within which it is located.
(B) In any residential district, on a lot of record, on the effective date of this
Ordinance, a single-family dwelling may be erected regardless of the size of
the lot, provided all other requirements of this Ordinance and the City Code
are in compliance.
Table 4-B Reduction in Maximum Building Height for Substandard Lots
The following limitations on building height will apply, based on the extent of
noncompliance with the lot size requirements for the district in which the
property is located. This provision addresses the building height standard as
measured in feet only.
Lot size
>80% but less than 100%
of the minimum required lot area
60-80% of minimum required lot area
50-60% of minimum required lot area
Reduction in Max. Bldg. Height
15%
20%
25%
In no case may the minimum lot area established be less than 50% of the
required minimum lot area for the zoning district in which the property is
located.
However, where two (2) or more contiguous substandard recorded and
undeveloped lots are in common ownership and are of such size as to
constitute at least one conforming "zoning lot", such lots or portions thereof
shall be so joined, developed, and used for the purpose of forming a
conforming or more nearly conforming zoning lot or lots.
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• (C) Such contiguous substandard lots in common ownership shall be considered
as being maintained in common ownership after the effective date of this
Ordinance for zoning purposes. In no case shall a lot created illegally be
considered a lot of record.
SECTION 2: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-4-1-8 (A)-1 to read as follows:
6-4-1-8: GENERAL LOT AND BULK CONTROLS:
(A) Control Over Lots: Except as hereinafter provided, no lot, building, structure
or premises shall hereafter be used or occupied; no building, structure or
premises or part thereof shall be erected, razed, moved, reconstructed,
extended, or enlarged except in conformity with the regulations and
requirements herein specified for the district in which it is located.
1. In the R1 through R6 Districts, a lot shown on a plat properly recorded in
the office of the Cook County Recorder or Registrar of Torrens Titles prior to
• December 2, 1960, which does not meet the requirements of this Ordinance
as to width or area but has a minimum lot width of thirty five feet (35'), may be
used for the following dwelling purposes, if it substantially conforms to other
requirements of this Ordinance: a) R1 and R2: Single-family dwelling (subject
to the limitations/requirements found in Table 4-13 of Section 6-4-1-7 of this
title) b) R3-R6 Districts: two-family dwelling unit building/duplex.
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However, a recorded nonconforming lot may not be used if it was held in
common ownership with one or more adjoining lots at any time subsequent to
December 2, 1960. Such lots may be used if such lots so held in common
ownership together, when used as a single parcel, meet or more nearly meet
the requirements of this Ordinance.
SECTION 3: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-8-2-5 to read as follows:
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6-8-2-5: LOT SIZE: •
The minimum lot size in the R1 district is seven thousand two hundred square
feet (7,200 sq. ft.), except as expressly allowed in Section 6-4-1-7 (B).
SECTION 4: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-8-2-9 to read as follows:
6-8-2-9: MEAN BUILDING HEIGHT:
The maximum mean building height in the R1 district is thirty five feet (35') or two
and one-half (2 1/2) stories, whichever is less, except as modified per the
requirements found in Table 4-13 of Section 6-4-1-7 of this title. Notwithstanding
the foregoing, any building or structure legally existing and conforming to the
building height requirement of this district as of the effective date hereof, shall,
for the purpose of the district and the requirements of the zoning ordinance, be
deemed complying with the mean building height requirement and shall have the
status of legally permitted structure or use, not a legal noncompliance, and shall
not be subject to or benefit from the allowances, restrictions and procedures of •
chapter 6, "Nonconforming Uses And Noncomplying Structures", of this title.
Such conforming status shall continue in the event said building is removed or
destroyed by a means within the control of the owner thereof and shall allow for
the construction of a building or structure at the height of the building or structure
legally existing and conforming to the building height requirement of this district
as of the effective date hereof.
SECTION 5: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-8-3-4 to read as follows:
6-8-3-4: LOT SIZE:
The minimum lot size in the R2 district is five thousand square feet (5,000 sq.
ft.), except as expressly allowed in Section 6-4-1-7 (B).
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• SECTION 6: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-8-3-8 to read as follows:
6-8-3-8: MEAN BUILDING HEIGHT:
The maximum mean building height in the R2 district is thirty five feet (35') or two
and one-half (2 1/2) stories, whichever is less, except as modified per the
requirements found in Table 4-13 of Section 6-4-1-7 of this title. Notwithstanding
the foregoing, any building or structure legally existing and conforming to the
building height requirement of this district as of the effective date hereof, shall,
for the purpose of the district and the requirements of the zoning ordinance, be
deemed complying with the mean building height requirement and shall have the
status of legally permitted structure or use, not a legal noncompliance, and shall
not be subject to or benefit from the allowances, restrictions and procedures of
chapter 6, "Nonconforming Uses And Noncomplying Structures", of this title.
Such conforming status shall continue in the event said building. is removed or
destroyed by a means within the control of the owner thereof and shall allow for
the construction of a building or structure at the height of the building or structure
• legally existing and conforming to the building height requirement of this district
as of the effective date hereof.
SECTION 7: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-8-4-4 to read as follows:
6-8-4-4: LOT SIZE:
The minimum lot size in the R3 district is: five thousand square feet (5,000 sq.
ft.) for single-family dwellings, except as expressly allowed in Section 6-4-1-7 (B);
three thousand five hundred square feet (3,500 sq. ft.) per dwelling unit for two -
family units; and seven thousand two hundred square feet (7,200 sq. ft.) for
nonresidential uses.
SECTION 8: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
• Subsection 6-8-4-8 to read as follows:
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6-8-4-8: MEAN BUILDING HEIGHT:
•
The maximum mean building height in the R3 district is thirty five feet (35') or two
and one-half (2 1/2) stories, whichever is less, except as modified per the
requirements found in Table 4-13 of Section 6-4-1-7 of this title. Notwithstanding
the foregoing, any building or structure legally existing and conforming to the
building height requirement of this district as of the effective date hereof, shall,
for the purpose of the district and the requirements of the zoning ordinance, be
deemed complying with the mean building height requirement and shall have the
status of legally permitted structure or use, not a legal noncompliance, and shall
not be subject to or benefit from the allowances, restrictions and procedures of
chapter 6, "Nonconforming Uses And Noncomplying Structures", of this title.
Such conforming status shall continue in the event said building is removed or
destroyed by a means within the control of the owner thereof and shall allow for
the construction of a building or structure at the height of the building or structure
legally existing and conforming to the building height requirement of this district
as of the effective date hereof.
SECTION 9: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-8-5-4 to read as follows:
6-8-5-4: LOT SIZE:
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The minimum lot sizes in the R4 district are:
Minimum Lot Size
(A) Single-family dwelling Five thousand square feet (5,000 sq. ft.), except
unit as expressly allowed in Section 6-4-1-7 (B)
(B) Two-family and single- Two thousand five hundred square feet (2,500 sq.
family attached dwelling unit ft.) per dwelling unit
(C) Multiple -family dwelling Two thousand five hundred square feet (2,500 sq.
units and group occupancy ft.) per dwelling unit
units
(D) Nonresidential use Ten thousand square feet (10,000 sq. ft.)
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SECTION 10: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-8-5-8 to read as follows:
6-8-5-8: MEAN BUILDING HEIGHT:
The maximum mean building height in the R4 district is thirty five feet (35') or two
and one-half (2 1/2) stories, whichever is less, except as modified per the
requirements found in Table 4-13 of Section 6-4-1-7 of this title. Notwithstanding
the foregoing, any building or structure legally existing and conforming to the
building height requirement of this district as of the effective date hereof, shall,
for the purpose of the district and the requirements of the zoning ordinance, be
deemed complying with the mean building height requirement and shall have the
status of legally permitted structure or use, not a legal noncompliance, and shall
not be subject to or benefit from the allowances, restrictions and procedures of
chapter 6, "Nonconforming Uses And Noncomplying Structures", of this title.
Such conforming status shall continue in the event said building is removed or
destroyed by a means within the control of the owner thereof and shall allow for
the construction of a building or structure at the height of the building or structure
legally existing and conforming to the building height requirement of this district
as of the effective date hereof.
SECTION 11: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-8-6-4 to read as follows:
6-8-6-4: LOT SIZE:
The minimum lot sizes in the R4a district are as follows:
(A)Single-family dwelling unit
(B)Two-family and single-family
attached dwelling unit
Minimum Lot Size
Five thousand square feet (5,000 sq. ft.),
except as expressly allowed in Section 6-4-
1-7 (B)
Two thousand five hundred square feet
(2,500 sq. ft.) per dwelling unit
(C)Multiple-family dwelling units Two thousand five hundred square feet
• and group occupancy units (2,500 sq. ft.) per dwelling unit
(D)Nonresidential uses Ten thousand square feet (10,000 sq. ft.)
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SECTION 12: That the Zoning Ordinance, Title 6 of the Evanston •
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-8-6-8 to read as follows:
6-8-6-8: MEAN BUILDING HEIGHT:
The maximum mean building height in the R4a district is thirty five feet (35') or
two and one-half (2 1/2) stories, whichever is less, except as modified per the
requirements found in Table 4-13 of Section 6-4-1-7 of this title. Notwithstanding
the foregoing, any building or structure legally existing and conforming to the
building height requirement of this district as of the effective date hereof, shall,
for the purpose of the district and the requirements of the zoning ordinance, be
deemed complying with the mean building height requirement and shall have the
status of a legally permitted structure or use, not a legal noncompliance, and
shall not be subject to or benefit from the allowances, restrictions and
procedures of chapter 6, "Nonconforming Uses And Noncomplying Structures",
of this title. Such conforming status shall continue in the event said building is
removed or destroyed by a means within the control of the owner thereof and
shall allow for the construction of a building or structure at the height of the
building or structure legally existing and conforming to the building height •
requirement of this district as of the effective date hereof.
SECTION 13: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-8-7-4 to read as follows:
6-8-7-4: LOT SIZE:
The minimum lot sizes in the R5 district are:
Minimum Lot Size
(A)Single-family dwelling unit Five thousand square feet (5,000 sq. ft.), except
as expressly allowed in Section 6-4-1-7 (B)
(B)Single-family attached Two thousand square feet (2,000 sq. ft.) each for
dwelling unit the first three (3) dwelling units plus one thousand
two hundred square feet (1,200 sq. ft.) for each
additional dwelling unit •
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(C)Two-family attached Two thousand five hundred square feet (2,500 sq.
dwelling unit ft.) per dwelling unit
(D)Multiple-family and group One thousand five hundred square feet (1,500 sq.
occupancy dwelling units ft.) each for the first four (4) dwelling units, plus
eight hundred square feet (800 sq. ft.) for each
additional dwelling unit
(E)Nonresidential use Ten thousand square feet (10,000 sq. ft.)
SECTION 14: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-8-7-8 to read as follows:
6-8-7-8: MEAN BUILDING HEIGHT:
The maximum mean building height in the R5 district is fifty feet (50') or five (5)
stories, whichever is less, except as modified per the requirements found in
Table 4-13 of Section 6-4-1-7 of this title. Notwithstanding the foregoing, any
building or structure legally existing and conforming to the building height
requirement of this district as of the effective date hereof, shall, for the purpose
of the district and the requirements of the zoning ordinance, be deemed
complying with the mean building height requirement and shall have the status of
legally permitted structure or use, not a legal noncompliance, and shall not be
subject to or benefit from the allowances, restrictions and procedures of chapter
6, "Nonconforming Uses And Noncomplying Structures", of this title. Such
conforming status shall continue in the event said building is removed or
destroyed by a means within the control of the owner thereof and shall allow for
the construction of a building or structure at the height of the building or structure
legally existing and conforming to the building height requirement of this district
as of the effective date hereof.
SECTION 15: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-8-8-4 to read as follows:
6-8-8-4: LOT SIZE:
The minimum lot sizes in the R6 district are:
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Minimum Lot Size •
(A)Single-family dwelling unit Four thousand square feet (4,000 sq. ft.), except as
expressly allowed in Section 6-4-1-7 (B)
(B)Two-family and single- Two thousand square feet (2,000 sq. ft.) each for
family attached dwelling unit the first two (2) dwelling units plus one thousand
square feet (1,000 sq. ft.) for each additional
dwelling unit
(C)Multiple-family and group Five thousand square feet (5,000 sq. ft.) plus four
occupancy dwelling units hundred square feet (400 sq. ft.) for each dwelling
unit therein
(D)Nonresidential use Ten thousand square feet (10,000 sq. ft.)
SECTION 16: That the Zoning Ordinance, Title 6 of the Evanston
City Code of 1979, as amended, is hereby further amended by revising
Subsection 6-8-8-8 to read as follows:
6-8-8-8: MEAN BUILDING HEIGHT:
The maximum mean building height in the R6 district is eighty five feet (85') or
eight (8) stories, whichever is less, except as modified per tree requirements
found in Table 4-13 of Section 6-4-1-7 of this title. Notwithstanding the foregoing,
any building or structure legally existing and conforming to the building height
requirement of this district as of the effective date hereof, shall, for the purpose
of the district and the requirements of the zoning ordinance, be deemed
complying with the mean building height requirement and shall have the status of
legally permitted structure or use, not a legal noncompliance, and shall not be
subject to or benefit from the allowances, restrictions and procedures of chapter
6, "Nonconforming Uses And Noncomplying Structures", of this title. Such
conforming status shall continue in the event said building is removed or
destroyed by a means within the control of the owner thereof and shall allow for
the construction of a building or structure at the height of the building or structure
legally existing and conforming to the building height requirement of this district
as of the effective date hereof.
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• SECTION 17: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 18: That if any provision of this Ordinance 70-0-07 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 70-0-07 that can be given effect without the invalid application
or provision, and each invalid provision or invalid application of this Ordinance
is severable.
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:
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Adopted: \11
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Attest:
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Mary r is City Clerk
•
, 2007 Approved:
, 2007 ^ 'L , 2007
L)orraine H. Morton, Mayor
Ap ro ed as to form:
Cor iation Counsel
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