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HomeMy WebLinkAboutORDINANCES-2005-013-O-05• 3/15/2005 2/7/2005 13-0-05 AN ORDINANCE Amending Sections 6-9-2-7, 6-9-3-71 6-9-4-71 6-11-3-8, 6-11-4-7, and 6-11-5-7 of the Zoning Ordinance Regarding Yard Requirements for 01, B2, and B3 Business Districts and D2 Downtown Retail Core Districts, D3 Downtown Core Development Districts and D4 Downtown Transition Districts WHEREAS, the Plan Commission held public hearings on July 14, 2004, August 11, 2004, September 1, 2004, September 8, 2004, October 13, 2004, October 26, 2004, November 3, 2004, November 15, 2004, December 1, 2004, December 8, 2004, January 5, 2005, January 12, 2005, and January 19, 2005 pursuant to proper notice in case no. ZPC 04-07 (T) to consider amendments to the Zoning Ordinance regarding yard • requirements for B1, B2, and B3 Business Districts and D2 Downtown Retail Core Districts, D3 Downtown Core Development Districts, and D4 Downtown Transition Districts; and WHEREAS, the Plan Commission, after hearing testimony and receiving other evidence, made a verbatim record and written findings pursuant to Section 6-3-4-5 of the Zoning Ordinance that the subject amendments met the standards for amendments to the text of the Zoning Ordinance; and WHEREAS, the Planning and Development Committee of the City Council considered and adopted the Plan Commission's record, findings, and recommendation at its February 14, 2005 and February 28, 2005 meetings and recommended City 0 Council approval of the text amendments; and 13-0-05 • WHEREAS, the City Council considered and adopted the respective records, findings, and recommendations of both the Plan Commission and the Planning and Development Committee at its February 14, 2005, February 28, 2005, and March 14, 2005 meetings; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: part hereof. SECTION 1: That the foregoing recitals are found as fact and made a SECTION 2: That Title 6 of the Evanston City Code of 1979, as amended, be, and it hereby is, further amended by deleting Section 6-9-2-7, Section 6-9-3-7, Section 6-9-4-7, Section 6-11-3-8, Section 6-11-4-7, and Section 6-11-5-7 and • substituting respectively therefor the following, to read as follows: 6-9-2-7: YARD REQUIREMENTS: The yard requirements for the B1 district are as follows: (A) Front yard Building on corner property or property comprising forty percent (40%) or more of block width excluding public right of way, three feet (3') Building on property comprising less than forty percent (40%) of block width excluding public right of way, the lesser of three feet (3') or depth on same public right of way of any existing street -facing facades of principal buildings on abutting properties Open, unenclosed parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited • -2- • 13-0-05 (B) Side yard when Building, three feet (3'); open, unenclosed parking and abutting street appurtenant areas at grade, including driveway aisles designated major street and ramps, prohibited in Comprehensive General Plan ` (C) Side yard when Building, none, if front yard abuts street designated' abutting street collector street, distributor street, or major street in designated collector street Comprehensive General Plan or distributor street in Comprehensive Building, three feet (3'), if front yard abuts -street not General Plan designated collector street, distributor street, or major street in Comprehensive General Plan Open, unenclosed parking and appurtenant areas at - ' grade, including driveway aisles and ramps, prohibited (D).Sid e yard when Building, none; open, unenclosed parking_and abutting street'not ' - appurtenant areas at grade, including driveway aisles -- designated collector street, and ramps, prohibited distributor street, or major street in Comprehensive General Plan (E) Side yard when not Building, ten feet (10'); parking, five feet (5')' ' abutting street but abutting residential district (F) Side yard When riot Building, none; parking, five,feet (5') ' abutting street and not abutting residential district (G) Rear yard'when Building, fifteen feet (15'); parking, fifteen feet (15) abutting residentiaI'd istrict (H) Rear yard when* not Building, ten feet (10'); parking, five feet (5') abutting residential district. 6-9-3-7: YARD REQUIREMENTS: • The yard requirements for the B2 district are as follows: —3— 13-0-05 (A) Front yard Building on corner property or property comprising forty percent (40%) or more of block width excluding public right of way, three feet (3') Building on property comprising less than forty percent (40%) of block width excluding public right of way, the lesser of three feet (3') or depth on same public right of way of any existing street -facing facades of principal buildings on abutting properties Open, unenclosed parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited (B) Side yard when Building, three feet (3'); open, unenclosed parking and abutting street appurtenant areas at grade, including driveway aisles and designated major street ramps, prohibited in Comprehensive General Plan (C) Side yard when Building, none, if front yard abuts street designated abutting street collector street, distributor street, or major street in designated collector Comprehensive General Plan street or distributor street in Comprehensive Building, three feet (3'), if front yard abuts street not General Plan designated collector street, distributor street, or major street in Comprehensive General Plan Open, unenclosed parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited (D) Side yard when Building, none; open, unenclosed parking and abutting street not appurtenant areas at grade, including driveway aisles and designated collector ramps, prohibited street, distributor street, or major street in Comprehensive General Plan (E) Side yard when not Building, ten feet (10'); parking, five feet (5') abutting street but abutting residential district —4— • • • • • • 13-0-05 (F) Side yard when not Building, none; parking, five feet (5') abutting street and not abutting residential district (G) Rear yard when * Building, fifteen feet (15'); parking, fifteen feet (15') abutting'residential district (H) Rear yard when not Building, ten feet (10'); parking, five feet (5') abutting residential district. 6-9-4-7: -YARD REQUIREMENTS: The yard requirements for the B3 district are as follows: (Affront yard- Build to front property line required, meaning no less than (B) Side yard when abutting.street (C) Side yard when abutting residential district (D) Rear yard when abutting residential district (E) Side yard when abutting nonresidential district (F) Rear yard when abutting nonresidential seventy percent (70%) of building at grade is within five inches (5") of front property line; open, unenclosed parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited between building and public right of way. Build to side property line required, meaning no.less than seventy percent (70%) of building at grade is within five ' ' inches (5") of side property line; open, unenclosed parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited between building and public right of way. Building, fifteen feet (15'); parking, ten feet (10') Building, fifteen feet (15'); parking, ten feet'(10') ` Building, none; parking, five feet (5') Building, ten feet (10'); parking, five feet (5') —5— 13-0-05 district 6-11-3-8: YARDS: The yard requirements for the D2 District are as follows: • (A) Front yard Building to front property line is permitted if setbacks on the same public right of way of any existing street -facing facades of principal buildings on abutting properties, together with setbacks on same block and side of the public right of way of any existing street -facing facades of other principal buildings, form a substantially continuous setback along the public right of way; and if the proposed setback allows a minimum 5' (five feet) clear width for pedestrian passage between the building's outermost projection and any objects lawfully occupying the public right of way, including but not limited to trees, parking meters, utility poles, bicycle racks, planter boxes and planting areas, newspaper vending boxes, fire hydrants, traffic signs, and bus shelters. • Open, unenclosed parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited between building and public right of way. (B) Side yard when Building to side property line is permitted if setbacks on abutting street -the same public right of way of any existing street -facing facades of principal buildings on abutting properties, together with setbacks on same block and side of the public right of way of any existing street -facing facades of other principal buildings, form a substantially continuous setback along the public right of way; and if the proposed setback allows a minimum 5' (five feet) clear width for pedestrian passage between the building's outermost projection and any objects lawfully occupying the public right of way, including but not limited to trees, parking meters, utility poles, bicycle racks, planter boxes and planting areas, newspaper vending boxes, fire hydrants, traffic signs, and bus shelters. Open, unenclosed parking and appurtenant areas at • —6— • 13-0-05 grade, including driveway aisles and ramps, prohibited between building and public right of way. (C) Side yard when None; surface parking five feet (5') abutting nonresidential district (D) Side yard when Buildings and parking garages, five feet (5'); surface abutting side parking ten feet (10'). property line in residential district (E) Rear yard Buildings and parking garages: none; surface parking: five feet (6), except when abutting or adjacent to a residential district; side or rear yard: buildings and parking garages, fifteen feet (15'), surface parking, ten feet (10') 6-11-4-7: YARDS: The yard requirements for the D3 District are as follows: (A) Front yard Building to front property line is permitted if setbacks on the same public right of way of any existing street -facing facades of principal buildings on abutting properties, together with setbacks on same block and side of the public right of way of any existing street -facing facades of other principal buildings, form a substantially continuous setback along the public right of way; and if the proposed setback allows a minimum 5' (five feet) clear width for pedestrian passage between the building's outermost projection and any objects lawfully occupying the public right of way, including but not limited to trees, parking meters, utility poles, bicycle racks, planter boxes and planting areas, newspaper vending boxes, fire hydrants, traffic signs, and bus shelters. Open, unenclosed parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited between building and public right of way. • (B) Side yard when Building to side property line is permitted if setbacks on abutting street the same public right of way of any existing street -facing —7— 13-0-05 E facades of principal buildings on abutting properties, together with setbacks on same block and side of the public right of way of any existing street -facing facades of other principal buildings, form a substantially continuous setback along the public right of way; and if the proposed setback allows a minimum 5' (five feet) clear width for pedestrian passage between the building's outermost projection and any objects lawfully occupying the public right of way including but not limited to trees, parking meters, utility poles, bicycle racks, planter boxes and planting areas, newspaper vending boxes, fire hydrants, traffic signs, and bus shelters. Open, unenclosed parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited between building and public right of way. (C) Side yard when not Buildings and parking garages: none; surface parking five -abutting street feet (5'), except when abutting to a side property line in a residential district: building fifteen feet (15'); surface parking ten feet (10') • (D) Rear yard Buildings and parking garages and surface parking: none except when abutting a residential district side yard or rear yard; buildings and parking garages, fifteen feet (15'); surface parking ten feet (10') 6-11-5-7: YARDS: The yard requirements for the D4 District are as follows: (A) Front yard Building to front property line is permitted if setbacks on the same public right of way of any existing street -facing facades of principal buildings on abutting properties, together with setbacks on same block and side of the public right of way of any existing street -facing facades of other principal buildings, form a substantially continuous setback along the public right of way; and if the proposed setback allows a minimum 5' (five feet) clear width for pedestrian passage between the building's outermost projection and any objects lawfully occupying the public • right of way including but not limited to trees, parking —8— • 13-0-05 meters, utility poles, bicycle racks, planter boxes and planting areas, newspaper vending boxes, fire hydrants, traffic signs, and bus shelters. Open, unenclosed parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited between building and public right of way. (B) Side yard when Building to side property line is permitted if setbacks on abutting street the same public right of way of any existing street -facing " facades of principal buildings on abutting properties, together with setbacks on same block and side of the public right of way of any existing street -facing facades of other principal buildings, form a substantially continuous r 7 setback along the public right of way; and if the proposed setback allows a minimum 5' (five feet) clear width for s pedestrian passage between the building's outermost projection and any objects- lawfully occupying the public right of way including but not limited to trees; parking meters, utility poles, bicycle racks, planter boxes and • planting areas, newspaper vending boxes, fire hydrants, traffic signs, and bus shelters. - Open, unenclosed parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited between building and public right of way. (C) Side yard when not Buildings and parking garages: none; surface parking five' - abutting street feet (6) (D) Rear yard Buildings and parking garages: none; surface parking five ` feet (5') except when abutting a residential district side w - yard or rear yard: buildings and parking garages, fifteen ` feet (15'); surface parking ten feet (10') SECTION- 3: That all ordinances or` parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That this ordinance shall be in full force and effect from and • after its passage, approval, and publication in the manner provided by law. -9- 13-0-05 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:Fd�UA4 2-9 , 2005 Adopted: v v� J , 2005 Approved: 2005 LbrraiineevHG. Morton, Mayor Attest: Mary P. rri ; Clerk A oved as to f r Corp ration Counsel -10- E •