HomeMy WebLinkAboutORDINANCES-2004-014-O-04•
01 /22/2004
14-0-04
AN ORDINANCE
Extending the Moratorium Provided for by
Ordinances 61-0-03 and 107-0-03 on the Issuance of Building
Permits for Certain Residential Construction in the Fifth Ward
WHEREAS, the City Council enacted Ordinance 61-0-03 on August 18, 2003 to
provide for a moratorium on certain residential construction in the R5 Zoning Districts of the
5th Ward; and
WHEREAS, the moratorium provided for a one -hundred twenty- (120-) day period
expiring on December 16, 2003 to allow for City consideration of binding appearance
review for residential construction through its Plan Commission and Planning and
• Development Committee; and
WHEREAS, the moratorium provided for by Ordinance 61-0-03 was extended for
sixty (60) days by Ordinance 107-0-03 and will expire on February 14, 2004; and
WHEREAS, the Plan Commission submitted its report on binding appearance
review to the Planning and Development Committee on November 24, 2003; and
WHEREAS, the Planning and Development Committee will require several meetings
for its review and public discussions of said report; and
WHEREAS, the Plan Commission Neighborhood Committee has been studying the
various zoning designation and bulk restriction in the entire 5th Ward for the past two (2)
years; and
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WHEREAS, the Plan Commission Neighborhood Committee held a public meeting
on November 18, 2003 to review the various zoning designations and bulk restrictions in
the 5th Ward; and
WHEREAS, the Plan Commission Neighborhood Committee is currently drafting a
comprehensive report, including zoning amendment recommendations, to be presented to
the full Plan Commission at its February 18, 2004 meeting; and
WHEREAS, the Plan Commission anticipates completing its deliberations on the
report, and making a final recommendation to the City Council at its March 10, 2004
Meeting; and
WHEREAS, it is anticipated that the earliest the Planning and Development
Committee could schedule the Plan Commission report for review is March 22, 2004; and is
WHEREAS, the conditions and reasons which gave rise to the moratorium provided
for by Ordinance 61-0-03 and Ordinance 107-0-03 still exist; and
WHEREAS, Section 3 of Ordinance 107-0-03 provided that the City Council may,
by Ordinance(s), provide for extensions of the moratorium upon a finding that its
continuation would serve the public health, welfare, and safety; and
WHEREAS, the City Council hereby finds that a ninety- (90-) day continuation of
said moratorium would serve the public health, welfare, and safety, by allowing for the
above -described tasks to be completed,
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 made a part hereof.
SECTION 2: That the moratorium established and declared by Ordinance 61-0-03
and Ordinance 107-0-03 is hereby extended for an additional ninety (90) days on the
application for and/or approval or issuance of subdivision plats, rezonings, variations,
demolition permits except where demolition is pursuant to an order of a Court or an
Administrative Hearing Officer, or building permits for new construction projects in the
R5 Zoning Districts of the 5th Ward that involve new construction of single-family attached
dwellings (townhouses), two-family dwellings, multiple -family dwellings and additions to
existing residential buildings. Applications regarding new construction of, single-family
detached dwellings are not prohibited by the moratorium.
• SECTION 3: The City Council may, upon finding that continuation of the moratorium
for further study beyond the moratorium authorized hereby would serve the public health,
welfare, and safety, provide by Ordinance(s) for extension(s) thereof.
SECTION 4: This Ordinance shall not apply in the following circumstances:
a) Where a perfected building permit is on file with the City on or
prior to the effective date of this Ordinance.
b) Where the new construction will not exceed the footprint,
height, density, and other parameters of the torn -down structure.
c) Where new construction will be built on a lot that has been
vacant in excess of three years, provided that construction does not require a
• special use or variation(s).
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SECTION 5: That the Plan Commission, Preservation Commission, and other
appropriate City bodies are hereby authorized and directed to study and review concerns
about R5 General Residential Zoning District regulations and other building and land use
regulations in the 5th Ward as expressed in this Ordinance and to make any
recommendations they may have for amendments to such regulations and related
provisions of the City Code to the City Council. Said bodies shall conduct their study and
review with regard for the purposes and intents of the Zoning Ordinance and the "Values
and Goals", "Objectives", and "Policies/Actions" of the 2000 Comprehensive General Plan,
all as expressed in this Ordinance.
SECTION 6: That the City Manager is hereby directed to enforce said moratorium
in the 5th Ward during its period of effectiveness in accordance with the terms of this •
Ordinance.
SECTION 7: If any provision of this Ordinance, or the application thereof to any
person or circumstance is held invalid, the invalidity does not affect other provisions or
application of this Ordinance which can be given effect without the invalid provisions or
application thereof.
SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 9: This ordinance shall take effect immediately upon its passage, due to
the urgency of implementing a moratorium as aforedescribed to prevent inconsistent and
incompatible development.
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Introduced:
Adopted:
ATTEST:
Cjbrk
Approved a to f m:
orporation Counsel`
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2-7 , 2004
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