HomeMy WebLinkAboutORDINANCES-2005-071-O-05•
8/8/2005
71-0-05
AN ORDINANCE
Amending the Zoning Ordinance,
Title 6 of the City Code to
Create an 114a Residential Zoning District
WHEREAS, the Plan Commission met on November 3, 2004,
December 3, 2004, January 5, 2005, January 12, 2005, and May 11, 2005,
pursuant to proper notice in case no. ZPC 04-11 M&T, to consider an application
for amendments to the Zoning Ordinance to establish an R4a General
• Residential District; and
WHEREAS, the Plan Commission, after hearing testimony and
receiving other evidence, made a verbatim record thereof and determined that
the application met the standards for text amendments in Section 6-3-4-5 of the
Zoning Ordinance and recommended City Council approval thereof; and
WHEREAS," the Planning and Development Committee of the City
Council considered and adopted the record and recommendation of the Plan
Commission at its August 15, 2005 meeting and recommended City Council
approval thereof; and
WHEREAS, the City Council considered and adopted the
r0 espective records and recommendations of the Plan Commission and the
71-0-05
Planning and Development Committee at their August 15, 2005 and •
September 12, 2005 meetings; and
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
made a part hereof.
SECTION 2:
That Section
6-7-1(A),
"Districts", of the
Zoning
Ordinance, Title 6, of the
Evanston City
Code of
1979, as amended,
be and
hereby is further amended to read as follows:
6-7-1: DISTRICTS:
In order to carry out the purposes of this Ordinance, the City of Evanston is
hereby divided into the following zoning districts.
(A) Residential Districts:
R1 Single -Family Residential District
R2 Single -Family Residential District
R3 Two -Family Residential District
R4 General Residential District
R4a General Residential District
R5 General Residential District
R6 General Residential District
SECTION 3: That Title 6, Chapter 8 of the Zoning Ordinance,
"Residential Districts", is hereby amended by renumbering existing Section 6-8-6
•
as Section 6-8-7, renumbering existing Section 6-8-7 as Section 6-8-8, and 0
—2—
71-0-05
• establishing a new Section 6-8-6, "R4a General Residential Districts", to read
as follows:
6-8-6: R4a GENERAL RESIDENTIAL DISTRICT
6-8-6-1: PURPOSE STATEMENT:
The R4a general residential district is intended to protect the residential character
of this District by providing for a mix of residential types at a medium density in
terms of number of dwellings and mass of structures compatible with the single -
and two-family detached structures which predominate in this District.
6-8-6-2: PERMITTED USES:
The following uses are permitted in the R4a district:
Daycare home - adult (subject to the general requirements of Section
6-4-3, "Adult Daycare homes", of this title).
Daycare home - child (subject to the general requirements of Section
6-4-2, "Child Daycare homes", of this title).
• Dwelling - multiple -family when said use was legally established- on (the
effective date of this Ordinance).
Dwelling - single-family attached when said use was legally established
on (the effective date of this Ordinance).
Dwelling - single-family detached.
Dwelling = two-family when said use was legally established on (the
effective date of this Ordinance).
Educational institution - public.
Home occupation - (subject to the general requirements of Chapter 5,
"Home Occupations", of this title).
Park.
Playground.
Residential care home - category I (subject to the general requirements of
Section 6-4-4, "Residential Care_ Homes and Child Residential Care
Homes", of this title).
-3-
71-0-05
Residential care home - category II (subject to the general requirements •
of Section 6-4-4 "Residential Care Homes and Child Residential
Care Homes", of this title).
Shelter for abused persons.
6-8-6-3: SPECIAL USES:
The following uses may be allowed in the R4a District, subject to the provisions
set forth in Section 6-3-5, "Special Uses", of this title.
Assisted living facility.
Bed and breakfast establishments (subject to the general requirements of
Section 6-4-7, "Bed and Breakfast Establishments", of this title).
Cemetery.
Child residential care home.
Community center - public.
Congregate housing.
Cultural facility.
Daycare center - adult (subject to the general requirements of Section
6-4-3, "Adult Daycare Homes", of this title).
Daycare center - child (subject to the general requirements of Section
6-4-2, "Child Daycare Homes", of this title).
Dwellings - any increase in the number of dwellings on a single zoning lot
above the number legally existing on (the effective date of this
Ordinance), or any dwelling other than a single-family dwelling on a
zoning lot created after (the effective date of this Ordinance).
Educational institution - private.
Independent living facility.
Long-term care facility.
Membership organization.
•
Office - (subject to the general requirements of Section 6-4-9, "Office", •
of this title).
-4-
71-0-05
• Planned development - (subject to the general requirements of Section
6-3-6, "Planned developments", of this title and Section 6-8-1-10,
"Planned Developments", of this Chapter).
0
•
Public utility.
Recreation center - public.
Religious institution.
Retirement community.
Retirement home.
Retirement hotel.
Rooming house.
Shelter care home.
Transitional shelter - (subject to the general requirements of Section
6-3-5-11, "Additional Standards for a Special Use for Transitional
Shelters", of this title).
Transitional treatment facility - category I (subject to the general
requirements of Section 6-4-5, "Transitional Treatment Facilities",
of this title).
Transitional treatment facility - category II (subject to the general
requirements of Section 6-4-5, "Transitional Treatment Facilities",
of this title).
6-8-6-4: LOT SIZE:
The minimum lot sizes in the R4a District are as follows:
MINIMUM LOT SIZE
(A) Single-family dwelling unit Five thousand (5,000) square feet
(B) Two-family and single-family Two thousand five hundred (2,500)
attached dwelling unit square feet per dwelling unit
(C) Multiple -family dwelling units and
group occupancy units
(D) Nonresidential uses
Two thousand five hundred (2,500)
square feet per dwelling unit
Ten thousand (10,000) square feet
,-5-
71-0-05
6-8-6-5: LOT WIDTH:
The minimum lot widths in the R4a District are 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'), each dwelling unit
three or more requires frontage on a public street
(D) Other uses Fifty feet (50)
6-8-6-6: BUILDING LOT COVERAGE:
The maximum lot coverage in the R4a District is forty percent (40%).
Building lot coverage shall include two hundred (200) square feet for each
required parking space for any residential unit when the required parking space
is provided other than within a building.
On a zoning lot that is:
a) used for a "dwelling" or "dwellings" as herein defined; and
b) legally nonconforming as to the building lot area;
when a land user seeks zoning certification for a building permit to replace an
existing detached garage with a garage having the same ground floor area as the
existing garage, such construction shall be an allowed continuance of the legal
nonconforming building lot coverage.
6-8-6-7: YARD REQUIREMENTS:
The minimum yard requirements in the R4a District are as follows:
MINIMUM YARD REQUIREMENTS
(A) Residential structures:
1) Front yard
2) Side yard abutting a street
3) Side yard
4) Rear yard
Twenty-seven feet (27'); parking
prohibited
Fifteen feet (15'); parking prohibited
Five feet (5')
Twenty-five feet (25')
•
is
•
ME
• MINIMUM YARD REQUIREMENTS
(B) Nonresidential structures:
1) Front yard
2) Side yard abutting a street
3) Side yard
4) Rear yard
(C) Accessory uses and structures:
1) Front yard
2) Side yard abutting a street
3) Side yard
4) Rear yard
6-8-6-8: MEAN BUILDING HEIGHT:
71-0-05
Twenty-seven feet (27') for building;
parking prohibited
Fifteen feet (15') for building;
parking prohibited
Ten feet (10') for building;
parking prohibited
Twenty-five feet (25') for building; five
feet (5) for parking
Garages only, twenty-seven feet (27')
Garages only, fifteen feet (15)
Five feet (5')
Three feet (3)
• 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. 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.
6-8-6-9: IMPERVIOUS SURFACE:
(A) The maximum impervious surface ratio for the R4a District is fifty-five
percent (55%).
(B) The impervious surface ratio is calculated by dividing the total defined net
impervious surfaces on the zoning lot by the area of the zoning lot.
(C) The total defined net impervious surfaces on the zoning lot are all areas
included in building lot coverage plus any hard -surfaced; non -naturally -occurring
-7-
71-0-05
area that does not readily absorb water, including, but not limited to, any paved, •
asphalt, or concrete areas, parking and driveway areas, graveled areas,
swimming pools, sidewalks, and paved recreation areas, subject to the
following exemptions:
1) Any area, including open parking, paved or unpaved, included in
the calculation of the building lot coverage, shall not be counted twice in the
calculation of total defined net impervious surface.
2) Subject to the porch exemption of Section 6-8-6-10 of this Chapter,
the following standards govern the classification of structures commonly called
porches, decks, platforms and terraces as impervious surface or
pervious surface:
a) all such structures to the extent that they are covered by a
solid roof are impervious surfaces, but
b) all such structures to the extent that they are open to the sky
or covered by a trellis or arbor type of covering are pervious or impervious
subject to the subsections (C)2c through (C)2f of this Section;
c) all such structures to the extent that they cover asphalt or
concrete or similarly -treated areas having virtually no porosity, are impervious •
surfaces, but
d) all such structures to the extent that they cover an area that
maintains a demonstrable level of porosity whether soil, sand, gravel, or similar
materials regardless of whether such an area is finished with paving blocks are
pervious or impervious subject to subsections (C)2a, (C)2b, (C)2e and (C)2f of
this Section;
e) all such structures to the extent that they are designed to
shed water rather than allow water to fall between individual planks, slats, or
other type of flooring are impervious surfaces, but
f) all such structures to the extent that they are designed to
allow water to fall between individual planks, slats, or other type of flooring are
pervious or impervious surfaces subject to subsections (C)2a through (C)2d of
this Section;
3) Twenty percent (20%) of areas covered by paving blocks and/or
pervious paving systems to the extent that they cover an area that maintains a
demonstrable level of porosity whether soil, sand, gravel, or similar material shall
be excluded from the calculation of net impervious surfaces.
-8-
71-0-05
• (D) Driveways or walkways legally existing as of the effective date hereof may
be replaced or repaired, provided that the replacing or the repairing is the same
or lesser dimensions as existed (on the effective date hereof).
6-8-6-10: PORCH EXEMPTION:
Excluded from the calculation of maximum building lot coverage and maximum
impervious surface for all residential districts are the following:
(A) Fifty percent (50%) of the surface area of porches with the following
characteristics:
1) open to the air;
2) not all-weather;
3) roofed or not roofed;
4) screened or not screened;
5) facing a street;
• 6) not a rear or back porch or any portion of a porch between the rear
wall of the house and the rear lot line; and
7) not separated from the street right-of-way by a fence with both an
opacity exceeding sixty percent (60%) and a height exceeding forty-eight inches (48").
6-8-6-11: GARAGE DOOR SETBACKS:
In the R4a District on any zoning lot served by an open alley, access to any on -site
parking, enclosed or unenclosed, shall not cross the front lot line subject to the
following exception: on properties improved with legally -existing street loading
garages or other on -site parking both served by legally -existing curb cuts, as of the
effective date hereof, said street loading garages or other on -site parking may be
replaced even if on -site parking can access the subject property by an alley.
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
.00 and after its passage, approval, and publication in the manner provided by law.
-9-
71-0-05
Introduced: J.!� , 2005
Adopted:S�-fkV\ARA-,J1 , 2005
Approved: S%t�vtlgL 2005
Lorraine H. Morton, Mayor
Attest:
Ma�r� N% ris, ity Clerk
ApPmed as to f m:
Car oration Counsel
•
-10-