HomeMy WebLinkAboutORDINANCES-2003-056-O-039
06/03/2003
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AN ORDINANCE
Establishing a Moratorium on the
Issuance of Building Permits for
Construction of New Single -Family Residential
Construction in R1 Zoning Districts In the Sixth Ward
WHEREAS, the City of Evanston is a home rule municipality pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the City adopted a Zoning Ordinance in 1993 which, among other
things, placed certain restrictions on height, bulk, density, setbacks, lot size and other
parameters affecting the size of a residential structure; and
• WHEREAS, the City has historically drafted its R1 Single -Family Residential District
regulations to provide for areas of lesser density and more open space on each lot than
on lots in other Residential Zoning Districts; and
WHEREAS, the City Council is considering binding appearance review for new one
and two family dwelling construction; and
WHEREAS, in recent years the teardown of existing residences followed by
construction of a residence built to the maximum of permitted zoning restrictions has
proliferated in many communities in the area as well as in Evanston; and
WHEREAS, the newly -constructed residences are commonly referred to as
"teardowns" or "trophy houses"; and
• WHEREAS, these new constructions are of concern to neighboring owners and to
the public because of the resulting effects on drainage and water runoff, the blocking of air
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movement and light, the casting of shadows, the effect of larger structures on existing
sewer and water infrastructure and stormwater treatment capacity, the reduction of open
space and land available for trees and other plantings; and
WHEREAS, the proliferation of the aforedescribed new construction changes the
vision the City and the residents of R1 Residential Districts have for their community; and
WHEREAS, the Zoning Committee of the Plan Commission met on May 27, 2003 to
discuss the increase of teardowns and the "monster" or "trophy" houses in the 6th Ward;
and
WHEREAS, the Zoning Committee determined that a moratorium on new single-
family residences in the 6th Ward having a gross floor area in excess of 3,000 square feet
would allow the City Council to study the need for amendments to the Zoning Ordinance to •
address concerns of 6th Ward residents about the increasingly large new constructions
which limit the enjoyment of neighboring residents and which strain the capacity of existing
infrastructure; and
WHEREAS, such concerns particularly affect the R1 Residential Districts in the
6thWard, inasmuch as in the last 5 years, 22 single-family detached residences have been
torn down and replaced with 22 single-family residences having a gross floor area over
3,000 square feet; and
WHEREAS, Aldermen and citizens have expressed their concerns about teardowns
and trophy houses at various Planning and Development Committee meetings; and
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WHEREAS, the enactment of a moratorium on new construction of single-family
residences in excess of 3,000 square feet in the 6th Ward would be in the interest of the
public health, welfare, and safety inasmuch as it would provide time for the continued study
of appropriate amendments to the Zoning Ordinance and other provisions of the Municipal
Code,
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 in response to the need to consider amendments to the Zoning
Ordinance, binding appearance review for one- and two-family dwellings, or other
• appropriate ordinances in the Municipal Code, to regulate teardowns, as defined herein, a
90-day moratorium is established and declared on the application for and/or approval or
issuance of subdivision plats, rezonings, variances, demolition permits, or building permits
for new construction projects in R1 Residential Districts in the 6th Ward that involve
teardowns when the new construction would be single-family detached dwellings, in excess
of 3,000 square feet, counting as floor area any area under a roof with a ceiling height of
71/2 feet or more rather than floor area as defined in the Zoning Ordinance. Floor area
would include:
a) the principal structure, garages, and any other roofed structure with a ceiling
height of 71/2 feet or more;
b) off-street parking spaces as counted toward building lot coverage pursuant to
• Ordinance 109-0-02;
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c) and the basement if the first floor of the residence is over 2' above grade, grade
measured from the lot line in the front of the residence.
Floor areas include the entire area within exterior building walls with no exceptions.
SECTION 3: The City Council may, upon finding that continuation of the moratorium
for further study beyond the ninety -day moratorium authorized hereby would serve the
public health, welfare, and safety, may provide by Ordinances 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, and other dimensions of the torn -down structure.
SECTION 5: That the Plan Commission and other appropriate City bodies are
hereby authorized and directed to study and review concerns about R1 Residential Zoning
District regulations in the 6th 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.
SECTION 6: That the City Manager is hereby directed to enforce said moratorium
in the 6th Ward during said period of time and in accordance with the terms of this
Ordinance.
SECTION 7: If any provision of this Ordinance, or the application thereof to any
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person or circumstance is held invalid, the invalidity does not affect other provisions or 0
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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.
Introduced:
Adopted:
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ATTEST:
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Approved as to �orm:
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Corporation Counsel
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Appro d: 1 , 2003
Mayor �J
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