HomeMy WebLinkAboutORDINANCES-1994-102-O-94• 9/20/94 9/27/94
9/22/94
9/26/94
102-0-94
AN ORDINANCE
Amending Certain Sections of the City Code
Title 6, Chapter 3 and Appendix D,
Relating to Implementation and Administration
of the Zoning Ordinance
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 6, Chapter 3 of the Evanston City
Code of 1979, as amended, be and it hereby is further amended, by
revising section 6-3-4-6(C) to read as follows:
Section 6-3-4-6(C):
Mailed Notices Required for Redistricting or Rezoning: Notice shall
also be given by first class mail to all owners of property within
five hundred feet (500' ) in each direction of the subject property,
inclusive of public roads, streets, alleys and other public ways
from the area proposed to be rezoned or redistricted whose
addresses appear on the current tax assessment list as provided by
the applicant. The failure of delivery of such notice, however,
shall not invalidate any such amendment. in addition, a sign shall
be posted on the property for a minimum of ten (10) working days
prior to the public hearing indicating the place, time and date of
the hearing.
SECTION 2: That section 6-3-4-7 is revised as follows:
6-3-4-7: OPPOSITION TO AMENDMENT:
If prior to the close of a Plan Commission hearing held pursuant to
subsection 6-3-4-6(E), a written protest against any proposed map
amendment, signed and acknowledged by thirty percent (30%) of the
owners of property whose lot lines are located within five hundred
feet (5001) of the boundary of the area to be amended, inclusive of
public rights of way, is filed with the City Clerk, passage of the
amendment shall require a favorable vote of three -fourths (3/4) of
all the Aldermen elected to the City Council.
0 SECTION 3: That section 6-3-5-7 is revised by amending
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6-3-5-7(A), by adding a new section 6-3-5-7(B), renumbering •
existing section 6-3-5-7(B) as 6-3-5-7(C), to read as follows:
6-3-5-7: REVIEW PROCEDURE; RECOMMENDATION:
(A) After determining that the special use application is complete
pursuant to Section 6-3-3-1, the Zoning Administrator shall
prepare and forward his written recommendation accompanied by
the Site Plan and Appearance Review Committee's written report
to the Plan Commission, in the case of planned developments,
and to the Zoning Board of Appeals for all other categories of
special uses. At the same time, the Zoning Administrator
shall, in the case of a planned development, cause notice of
a public hearing before the Plan Commission to be published
pursuant to Section 6-3-6-8. In the case of all other special
uses, the Zoning Administrator shall cause notice of a public
hearing before the Zoning Board of Appeals to be published not
more than thirty (30) days nor less than fifteen (15) days
before the date of the hearing. In addition, a sign shall be
posted on the property for a minimum of ten (10) working days
prior to the public hearing indicating the place, time and
date of the hearing.
(B) Mailed Notices Required: Notice shall also be given by first
class mail to all owners of property within 500 feet in each
direction of the subject property, inclusive of public roads,
streets, alleys and other public ways whose addresses appear
on the current tax assessment list as provided by the
applicant. The failure of delivery of such notice, however,
shall not invalidate any such amendment.
SECTION 4: That section 6-3-5-16(A) is revised as
follows:
6-3-5-16: SUBSTITUTION FOR AN EXISTING SPECIAL USE: The Zoning
Administrator, pursuant to his authority to render interpretations
prescribed by Section 6-3-9 and subject to the procedures,
standards and limitations contained herein, shall have the
authority to review and grant applications for the substitution of
a special use for an existing special use. Before rendering a
decision on an application the Zoning Administrator shall undertake
the following procedure:
(A) Notice and Opportunity to Comment: After receipt of a
completed application for the substitution of a special use
for an existing special use, the Zoning Administrator shall
cause a written notice of the application to be delivered to
all owners of the property located within five hundred feet
(5001) in each direction of the subject property inclusive of
public roads, streets, alleys and other public ways. In
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• addition, a sign shall be posted on the property subject to
the application and shall remain on the property for a miniminn
of ten (10) working days prior to the Zoning Administrator's
decision. The notice shall indicate that the application shall
be available for review and submittal of written comments
thereon for ten (10) working days prior to the Zoning
Administrator's decision.
SECTION 5: That section 6-3-5-17(A) is revised as
follows:
6-3-5-17: RIGHTS OF APPLICANTS AND AFFECTED PROPERTY
OWNERS AT BEARINGS ON SPECIAL USES:
(A) Applicants for a special use (exclusive of planned
developments) and owners of property within five hundred feet
(5001) in each direction of the subject property, inclusive of
public roads, streets, alleys and other public ways, shall
have the following rights, in addition to any others they may
possess by law, at any special use hearing before the Zoning
Board of Appeals:
1. To inspect all documents and material submitted as part
of the application for the special use prior to the
hearing.
•
2.
To
reasonably examine
all witnesses testifying.
3.
To
present witnesses
on their behalf.
SECTION 6: That section 6-3-6-8 is revised by amending
6-3-6-8(B), adding a new 6-3-6-8(C), and by re -numbering existing
6-3-6-8(C) as 6-3-6-8(D), to read as follows:
6-3-6-8: REVIEW PROCEDURE; DECISION:
(B) After determining that the application is complete pursuant to
Section 6-3-3-1, the Zoning Administrator shall at the same
time schedule and cause notice to be published of a public
hearing to be held by the Plan Commission at which time a
formal presentation of the planned development application
will be presented. The public hearing shall be held not less
than fifteen (15) calendar days and no more than thirty (30)
calendar days from the date of receipt of the complete
application. In addition, a sign shall be posted on the
property for a minimum of ten (10) working days prior to the
public hearing indicating the place, time and date of the
hearing.
0(C) Mailed Notices Required: Notice shall also be given by first
class mail to all owners of property within one thousand feet
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(10001) in each direction of the subject property, inclusive •
of public roads, streets, alleys, and other public gays from
the subject property whose addresses appear on the current tax
assessment list as provided by the applicant. The failure of
delivery of such notice, however, shall not invalidate any
such hearing.
SECTION 7: That section 6-3-6-11(A) is revised as
follows:
6-3-6-11: RIGHTS OF APPLICANTS AND AFFECTED PROPERTY
OWNERS AT HEARINGS ON PLANNED DBVEL0PMMTS1:
(A) Applicants for a planned development and owners of property
within one thousand feet (10001) inclusive of public roads,
streets, alleys and other public ways, shall have the
following rights, in addition to any others they may possess
by law, at any hearing before the Plan Commission:
1. To inspect all documents and material submitted as part
of the application for the special use prior to the
hearing.
2. To present witnesses on their behalf.
SECTION 8: That section 6-3-6-12(C) is revised as .
follows:
6-3-6-12: ADJUSTMENTS TO DEVELOPMENT PLAN:
(C) Major Adjustments: Any adjustment to the approved development
plan not authorized by Section 6-3-6-12(H) above, shall be
considered to be a major adjustment. The Plan Commission
following notice to all property owners whose properties are
located within one thousand feet (10001) in each direction of
the property boundary of the planned development, may approve
an application for a major adjustment to the development plan
not requiring a modification of written conditions of approval
or recorded easements upon finding that any changes in the
plan as approved will be in substantial conformity with such
development plan. If the Commission determines that a major
adjustment is not in substantial conformity with the final
development plan as approved, then the Commission shall review
the request in accordance with the procedures set forth in
Section 6-3-6-8.
SECTION 9: That existing section 6-3-7-5 is deleted and
a new section 6-3-7-5 substituted therefor, to read as follows: •
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• 6-3-7-5: PROCEDURE FOR REVIEW AVID DECISION OF PROPOSED USE: An
application for a unique use shall be processed in accordance with
the following procedures:
(A) Public Hearing: After the filing of an application for a
unique use in proper form, the Zoning Administrator shall
transmit the application to the Plan Commission and schedule
a date for public hearing.
(B) Staff Review Procedure: The Zoning Administrator shall
schedule and conduct a staff review conference to review the
comments received from the various departments and boards
pursuant to subsection 6-3-7-4(A). Following the staff review
conference, the Zoning Administrator shall forward staff's
written report to the Plan Commission.
(C) General Notice of Public Hearing: Notice of the public
hearing required in subsection 6-3-7-5(A) shall be given
by the Plan Commission by one publication in one or more
newspapers of general circulation. Notice shall be published
a minima of fifteen (15) days prior to the hearing date and
a maximum of thirty (30) days prior to the hearing date.
(D) Mailed Notices Required: Notice shall also be given by first
class mail to all owners of property within one thousand
(10001) feet in each direction of the subject property,
• inclusive of public roads, streets, alleys and other public
ways from the subject site whose addresses appear on the
current tax assessment list as provided by the applicant. The
failure of delivery of such notice, however, shall not
invalidate any such hearing. In addition, a sign shall be
posted on the property for a minimum of ten (10) working days
prior to the public hearing indicating the place, time and
date of the hearing.
(E) Content of Published and Mailed Notices: Published and
mailed notice shall contain the time, date, and place of
the public hearing.
SECTION 10: That section 6-3-7-6 is revised as follows:
6-3-7-6: OPPOSITION TO UNIQUE USE:
If prior to the close of a Plan Commission hearing pursuant to
subsection 6-3-4-6(E) a written protest against any proposed unique
use, signed and acknowledged by thirty percent (30%) of the owners
of property whose lot lines are located within one thousand feet
(10001) in each direction of the boundary of the area of the unique
use, inclusive of public rights of way, is filed with the City
Clerk, approval of the unique use shall require a favorable vote of
• three -fourth (3/4) of the Aldermen elected to the City Council.
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SECTION 11: That section 6-3-8-6(A) is revised as •
follows:
6-3-8-6: PROCEDURE FOR MINOR VARIATIONS AMID FENCE `iARIATIONS:
Applications for minor variations and fence variations shall be
reviewed and decided in accordance with the following procedure:
(A) Notice and Opportunity to Comment: Upon receipt of a completed
application for a minor variation or a fence variation, the
Zoning Administrator shall cause a written notice of the
application to be delivered to all owners of property located
within two hundred fifty feet (2501) in each direction of the
subject property, inclusive of public streets, alleys, and
other public says. The notice shall indicate that the
application shall be available for review and submittal of
written comments thereon ten (10) working days prior to the
Zoning Administrator's determination.
SECTION 12: That section 6-3-8-7(A) is revised as
follows:
6-3-8-7: PROCEDURE FOR FAMILY NECESSITY VARIATION:
Applications for family necessity variations shall be reviewed and •
decided in accordance with the following procedure:
(A) Notice and Opportunity to Comment: Upon receipt of a
completed application for a family necessity variation,
the Zoning Administrator shall cause a written notice of
the application to be delivered to all owners of property
located within two hundred fifty feet (2501) in each
direction of the subject property,inclusive of public
roads, streets, alleys and other public ways, in which the
property subject of the application. In addition, a sign shall
be posted on the property subject to the application and shall
remain on the property for a minimum of ten (10) working days
prior to the recommendation of the Zoning Administrator.
The notice shall indicate that the application shall be
available for review and submittal of written comments
thereon ten (10) working days prior to the Zoning
Administrator's recommendation.
SECTION 13: That section 6-3-8-10 is revised by amending
6-3-8-10(A), by adding a new section 6-3-8-10(B), renumbering
existing sections 6-3-8-10 (B) , (C) , and D as sections 6-3-8-10 (C) ,
(D), and (E) respectively, as follows: •
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6-3-8-10: PROCEDURE FOR DECISIONS ON MAJOR VARIATIONS:
Applications for major variations shall be reviewed and decided in
accordance with the following procedure.
(A) Public Hearing: Upon receipt of a complete application
for a major variation, or a combined variation application,
the Zoning Board of Appeals shall hold a public hearing in
accordance with its adopted rules and procedures.
General Notice of Public Searing: Notice of the public
hearing shall be given by the Zoning Board of Appeals by
one publication in one or more newspapers of general
circulation. Notice shall be published a minimum of fifteen
(15) days prior to the hearing date and a maximum of thirty
(30) days prior to the hearing date.
(B) Nailed Notices Required: Notice shall also be given by first
class mail to all owners of property within five hundred
(5001) feet in each direction of the subject property,
inclusive of public roads, streets, alleys and other public
ways from the subject site whose addresses appear on the
current tax assessment list as provided by the applicant. The
failure of delivery of such notice, however, shall not
invalidate any such hearing. In addition, a sign shall be
• posted on the property for a minimum of ten (10) working days
prior to the public hearing indicating the place, time and
date of the hearing.
SECTION 14: That section 6-3-8-11 is revised as follows:
6-3-8-11: RIGHTS OF APPLICANTS AND AFFECTED PROPERTY
OWNERS AT HEARINGS ON MAJOR VARIATIONS:
Applicants for major variations and owners of property within five
hundred feet (5001) in each direction of the subject property,
inclusive of public roads, streets, alleys and other public ways,
shall have the following rights, in addition to any others they may
possess by law, at any hearing before the Zoning Board of Appeals:
(A) To inspect all documents and material submitted as part
of the application for major variation prior to the
hearing.
(B) To reasonably examine all witnesses testifying.
(C) To present witnesses on their behalf.
(D) Eligible property owners, as set forth above, who wish to
object shall, upon written request, be granted one
• continuance for the purpose of presenting evidence to
rebut testimony given by the applicant. The date of such
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continued hearings shall be at the discretion of the •
Board.
SECTION 15: That Appendix D, "Submission Requirements",
is revised by adding a new paragraph (d)(5) to section D.1, to read
as follows:
Appendix D - Submission Requirements
D.1 Submission Requirements for Amendment Petitions
D.1(d) (5)
5. A list of property owners within 500' in each direction
of the subject property, inclusive of public roads, streets,
alleys and other public ways from the area proposed to be
redistricted or rezoned whose addresses appear on the current
tax assessment list.
SECTION 16: That Appendix D is further revised by
revising section D.3(e) as follows:
D.3 Special Use Application Submission Requirements
(e) The names and addresses of all owners of property located •
within 500' excepting Planned development and 1000, for
Planned development in each direction of the subject
property inclusive of public roads, streets, alleys and
other public ways from the subject property as shown on
the most recent tax assessment records;
SECTION 17: That Appendix D is further revised by
revising Section D.5(e) as follows:
(e) The names and addresses of all owners of property located
within 1000' in all directions of the subject property
inclusive of public ways from the subject property whose
addresses appear on the current tax assessment list.
SECTION 18: That Appendix D is further revised by
revising section D.6-1-(d) as follows:
SUBMISSION REQUIREMENTS FOR VARIATION APPLICATIONS
D.6-1 Written Information. variation applications shall
contain the following written information. •
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• (d) The names and addresses of all owners of (i) property
within two hundred fifty (250) feet in all directions
from the subject property inclusive of public ways for
minor variations; and (ii) for major variations, property
owners within 500' feet in all directions of the subject
property inclusive of public ways as shown in the tax
assessment records; and
SECTION 19: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 20: This ordinance shall be in full force and
effect from and after its passage, approval, and publication in
the manner provided
�Z-b-yp law.
Introduced iP/I 16 1994
Adopted: 1994
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A pr ved: G� as ,1994
Mayor
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