HomeMy WebLinkAboutORDINANCES-1993-043-O-934-26-93
5-3-93
43-0-93
AN ORDINANCE
Comprehensive Zoning Amendment
Establishing a New Zoning Ordinance
WHEREAS, Resolution 77-R-87, adopted October 26, 1987
established the Zoning Commission; and.
WHEREAS, the Zoning Commission was directed to consider
comprehensive amendments to the Zoning Ordinance; and
WHEREAS, the Zoning Commission met from October 8, 1988
to May 13, 1991, approximately 42 meetings to consider amendments
to the Zoning Ordinance; and
WHEREAS,
on June
3,
1991, the
Zoning Commission
conducted a'public
hearing
on
proposed
comprehensive amendments
to the Zoning Ordinance and referred these comprehensive
amendments to the Planning and Development Committee of the City
Council; and
WHEREAS, the Planning and Development Committee met
from June 17, 1991 to December 16, 1992, approximately 29
meetings to consider the recommendations of the Zoning Commission
for the comprehensive amendments to the Zoning Ordinance; and
WHEREAS, the Planning and Development Committee made
recommendations for comprehensive amendments to the Zoning
Ordinance to the City Council; and
WHEREAS, the City Council on February 2, 1993,
conducted a public hearing on proposed amendments to the Zoning
Ordinance; and
WHEREAS, the City Council met from February 17, through
April 26, 1993 to consider the comprehensive amendments to 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 of the City Code of the City
of Evanston, 1979, as amended, is hereby amended to read as
follows:
SEE ATTACHED EXHIBIT A - TEXT.
SEE ATTACHED EXHIBIT B - ZONING MAP.
SECTION 2: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3: This ordinance shall be in full force andis
effect from and after its passage, approval, and publication in
the manner provided by law.
Introduced: ��� ` r 2--/ , 1993
Adopted: (�'_/�► , 19 9 3
�r7/I
Approved: / / //l6
, 1993
"-&L�
Mayor
City Clerk
Approved as to form:
2
Corporation
I
I
Counsel
AMENDMENTS TO THE FINAL PUBLIC HEARING DRAFT OF THE ZONING 1
ORDINANCE APPROVED BY THE CITY COUNCIL ON APRIL 26, 1993
1. Add comments submitted by Daniel Wilson excluding the
reference to central standard time relating to food stores.
(Copy of Mr. Wilson's comments are attached hereto)
2. Amend section 15.2-8 (01 District) yard requirements by
deleting the additional thirty foot requirement in the front
yard so that the front yard will have a 27 foot setback and
add to section 15.2-9 building height, "except when a building
is adjacent to an Rl District, the line of sight from five
feet above the curb directly across the street in the R1
District to the top of the building shall not exceed 15
degrees".
3. Change Frank Wheeby's property from D1 to D2.
4. Adopt third Industrial District text and map as submitted.
S. List bed and breakfasts as special uses in all Residential
Districts.
6. Add a 900 foot distancing requirement. to Category II
Residential Care Homes.
7. Establish an F.A.R. of up to 8.0 in the D3 District with a
planned development and establish a building height of 220
feet for towers inclusive of parking and 170 feet for non -
towers with a planned development.
8. Amend section 3.5-17(b) to eliminate cross examination of
witnesses and add "reasonable examination of witnesses".
9. Change a portion of the C2 District mapped on Green
Bay Road to R5. (Map indicating area is attached hereto)
10. Establish ORD District as mapped.
11. Amend chapter eleven to permit planned developments in the D2
District.
12. Eliminate power of subpoenas from all ZBA and Plan Commission
procedures.
13. Amend section 3.8-11(b) to eliminate "cross examination of
witnesses" and replace with "reasonable examination of
witnesses".
14. Amend section 3.4-8 to add thirty days.
•
•
15. Incorporate Diane Korling's comments except comment number
one relating to section 5.6. (A copy Ms. Korling's letter is
attached hereto)
16. Retain section 3.6-6.
JLW/AMEND.
2
,s 26 93 12' 36 ENGE UfN AM smrt t -
TO: -Evanston City Council
Daafel Wilson
1801 Asbury
BE: Inconsistencies Noted in Zoning Ordinance Draft
A quick review of certain sections of the zoning ordinance has
revealed the following areas where ,.1 believe, the numerous changes
adopted by the Committee of the Whole have not been fully
reconciled, such that the published text is inconsistent with the
desired intent or other sections, and which might produce problems
of interpretation in the future.
I offer these changes simply to reconcile inconsistencies or errors
in the text as it is, and not to achieve any change in the
drafters' intent..
A. Page 3-14, line 32:
Section 3.6.11 reads: "... and two -hundred fifty 25 feet ..."
change to: "250"
B. Page 3-15, line 41 et seq.:
Add the following clause to Section 3.6.12 (c): "The Plan
Commission following notice to all property owners whose properties
are located Within two hundred fifty (250) feet in each direction
of the property boundary of the planned development, or Five
hundred (5001 feet in, the case of elanned developments i,n D2. D3
and D4 zori�_!Xv districts. may approve an application ..."
This clause is needed to maintain the intent of section 3.6.11.
C. Page 4-7, line 40:
The sentence that reads: "Residential Care Homes (Category II) may
be permitted, as o: right, reeds to be changed to "ma;- be
permitted, as a soec;a? use.
. Otherwise, you are creating the concept of a by right special use.
D. Page 11-5, lines 11 and 26:
-1:mi^ate the reference to "dST". This is consistent with other
sec:;ons or the -ordinance that deal wi:n time, and removes the
Yrcalem a- interprets._an during periods cf daylight savings time.
I
•
Y. Page 11-88 lines 11' M .
The parking deck height allowances are inconsisent with the
definitions of building height set forth in the definitions (see p.
18-3). Language herein refers to floors devoted 'exclusively" to
parkins, while definition says 75%. Language herein also refers to
four stories or forty feet, "Whichever is greater% while
definition states, "whichever is less."
Recommendation: Adopt the language in the definition. It is
consistent with present practice; also avoids the theoretical
problem of an.atrium parking deck.
P. Page 11-9. lines 55-58:
Same issue.
G. Page 11-11, lines 34-39:
Sane issue.
H. Page 15-51 line 38:
Change the seczioa reference from 10.1-8 to 15.1-9.
r. .
Diane Fawcett, Korling
1914 Orrington Avenue
Evanston, Illinois 60201
TO: Evanston City Council
Zoning Staff and Consultants
page one of two
RE: Evanston Zoning Ordinance, Draft 1-7-93 - Chapter 5. Home Occupations
I.
I have been before you in the course of the long work this ordinance revision has involved on your
part, not as a persistent monitor but an occasional commentator, with several community groups.
With Design Evanston, I have attended presentations on proposals for the downtown, focussing on
future impacts for the city as a whole. With the Northwestern Neighbors I have participated in
analysis of and comment on the compatibility of uses affecting primarily those of us adjacent the
university here in the First Ward.
During the phase of policy development some four years ago, Iwith the Preservation
League of Evanston. At that time I tnumerated my specific concern that provision for home
occupations take into account the realities both of employment conditions and of technological
possibilities: many an Evanston home is occupied, maintained, and its real estate taxes paid
through home -office efforts of a man or woman whose brainpower is supported by computer and
a few communication links - the "virtual office," invisible from the street, but available for
productive use on a self -determined schedule compatible with child -rearing, property mainten-
ance, and yes, even participation in civic and volunteer organizations.
What I pointed out then has become even more true with extensive layoffs and early retiremen
through corporate down -sizing: such home office productivity may characterize the beginnin
qW
of an entrepreneurial career or a later phase in professional life, when circumstance throws the
formerly employed individual back on personal resources. A lot of good brains choose to work
from home; many more in future may find it is a viable alternative.
Broader societal arguments for this option are reflected in recently enacted Federal Clean Air
provisions that mandate reduced vehicle use as part of congestion mitigation and air quality
improvement. Trip reductions will be highly valued, and "tele commuting" will become more
and more mainstream. As was shown feasible after the San Francisco earthquake and most recently
with the World Trade Center dislocation of workers, links via communication can substitute for
physical presence in many types of business, and at saving of time and effort.
That Chapter 5, Home Occupations, has been enlarged from previous drafts indicates that home
occupations have indeed been given consideration either by the consultant or your committee.
It had been my intent to rejoin your discussions when your chapter -by -chapter review reached Chapter
5. Review of your February 2 and 27 deliberations suggests that I did not miss discussion of home
occupations on those dates. Signed in and offered opportunity to comment at the beginning of your
March 15 meeting, I heard statements by others offered on behalf of distinct constituencies, and
addressing broad concerns in a statesmanlike way. It appeared that the time for line -by-line review
had passed: I was a nit-picker at the wrong meeting.
Upon reconsideration, I believe I may speak not only for myself but for others of an in
constituency in raising these inquiries. Following are my concerns as to wording and arts....
intent of Chapter 5 of the Evanston Zoning Ordinance, Public Hearing Draft of 1-7-93.
:. two. page two of
Regarding wording and apparent intent of Chapter 5 of the peopoaed Eamon Zoning
Ordinance, public Hearing Draft of 17-93.
As with of -right uses throughout the ordinance, clarity in this document can mmi'm=i the need for
futum interpretation or a kninist alive review, costly both to the City and to r, .r ,.,6tI owners.
S.5 MINOR HOME OCCUPATIONS. A -use SW be �Ine as a minor home oeeuparion aM
pmvided..e= (Verbs of intent undedined here.)
The intent seems clear (Section. 5.3, Section 5.8) that only major home occupations require
•. < application and review leading to issuance of a permit. The introductory sentence here could
make more clear the legal status of minor home occupations by mirroring and contrasting the
language of Section 5.6, eg, "and shall be allowed without
5.5 (a) speaks of the dwr.IIing, 5.5 (c) refers to the dwelling u&
Is the same meaning intended? If not, what distinction is intended?
5.5 (c) states that no one other than a resident... shall be employed in connection with the operator
or the home occupation.
What does "in connection with" mean?
Is this a typo for "in connection with the operation of the home occupation"?
Does this statement intend to limit the activity on the oremises, or to limit also the business
associations of the person?
Can a minor home occupation consist of paper -work, computer work and communications
by one person which involve performance on other premises by other persons who are
employees?
5.5 (e) states that, Deliveries pertaining to the home occupation shall not occur more than once a
week and shall. be limited to the hours between 8 am. and 5 p.m. Monday through Friday.
What kind of "deliveries" are intended to be restricted? Federal Express and other inter -city
and local couriers? US Postal Service? (They deliver Express Mail 365 days a year, greatly
to the convenience of both homes and businesses.) How about drop-offs from local office
supply stores, whom we like to patronize because of their attention to customer service? And
surely a home without a business may receive unlimited deliveries by United Parcel.
Without clarification or some relation to the purpose and intent of 5.1, these restrictions
seem unrealistic.
5.5 (b) and 5.5 (d) are similarly ambiguous with respect to a MAJOR HOME OCCUPATION.
The questions above must be addressed also to section 5.5 (b) regarding employees (what does
"in connection" mean?) and section 5.5 (d) regarding deliveries.
Copies distributed and oral summary presented to meeting of Tuesday, April 13, 1993
Diane Fawcett Korling . 1914 Orrington Avenue . Evanston, Illinois 60201 . 708-475-4522
rg
Pudirc Oran 1.7-1t0
H
4�
1 CHAPTER 5 HOME OCCUPATIONS
2
3 5.1 L _ PURPOSE AND INTENT. The purpose of this Chapter 5 (hiorne Oocrpations) Is b permit the
4 r - _ a:3abi rent of home occpations that are compatilA with the residential dishicls in which they
5 are located
6 - -- -
T�ti�3.2 ' DEFINITION. A home .......upation is an accessory use of a dwelling unit that is °
9. Used for gairam ernployrnsnt that kwoivsa the provision. assart�b . w'°r r,,,.,�� Q or sale of -
10 goods and/or services; and _ .... -
11 °
12 (b) Inciderutal and secondary to the residential use of the structure and does not change the
13 essential residential character of the dwelling unit.
14
15 5.3 CLASSIFICATION OF HOME OCCUPATIONS. A home occupation shed, purrswnt
is - to this Chapter 5 (Home C ...apa:l r ..,), ahait be chis flied as ether a mirror horns occupation or a
17 rrojor hours occupation in . rr.rdsnce with COP r:. &S and SA by the Zoning Administrator
18 pursuant 10 Chapter 3. Section 3.9 (Administrative Interpretations). }come occupations shall be
19 subject to the mquaements set forth in Section 5.5 and S.6 as appficsbia, in addition to the
20 general requirements for home occupations contained in Section 5.4. No person shall establish a
21 major home occupation without first obtaining from the Zoning Administrator a major home
22 occupation pert pursuant to Section 5.&
23
24 5.4 GENERAL REQUIREMENTS AND PERFORMANCE CRITERIA. Ail home occupations
25
shau compy with the following standards;
26
27
(a)
The operator of every home occupation shall reside in the dwelling unit in which the home
28
occupation operates. (For the purposes of this Section 5.4; a coach house shall be
29
considered part of a .. w . ,.:r J dwel&ng unit.);
30
31
(b)
The home occupation use shall be conducted entirely within a completely enclosed
32
structure;
33
34
(c)
The home occupation shall not interfere with the delivery of utiThies or other services to the
35
area,
36
37
(d)
The home occupation shall not generate any noise, vibrations, smoke, dust, odor, hest,
38
glare, or electrical interference with radio or television transmission in the area that would
39
exceed that which is normally produced by a dwelling unit in a zoning district used solely for
40
residential purposes;
41
42
(a)
No toxic, v plosive. flammable. radoactive or other restricted or hazardous material shall be
43
used. sold, or stored on the site;
44
45
There shall be no alteration of the residential appearance of the premises, including the
48
creation of a separate or exclusive business errtranCO(s) or use of signage or other
47
advertising or display to identify the business;
48
49
(g)
No clients/pupils shall be permitted between the hours of 9 p.m. and 7 a.m.;
50
.51
(h)
No outdoor display or storage of materials, goods, suupplies, or equipment shalt be allowed,
52
53
n
The home oc;cupaiion shall, at all times, comply with all other applicable laws and ord-
54
nances;
55
56
Q
The home occupation shalt not cause a significant ncease in the amount of traffic or
57
pas" on the particular residential street; and
58
5-1
'r,
Garages or carports, whWw attached or ddauhrd. d not bit tad - tiprm
#,......goother than oththan for the storage of an us-
3'
4 °K°6:5'= MINOR HOME OCCUPATIONS. A use shall be dessiied aa'a mirci Fo`eiia�ooc�pe�ion and
5 'Ae•�; ,- � :' pasted projy, W1114- in addition to the general cot- dkimw set forth in Secomi'S1�� MW k t I&
A The total ar.a used for the home occupation steal not a awd Mteen pud C15% or fou
9 ' ' .,hurKk ed (�X) aquae? feet (whichever is loss) d the hsblable Moor area of tltr dwio%
11 (b) The direct sale d products dff desplay anives or acks she!) be prohbl< ...-
12
13 "r' (c) No one other than a resident of the dweft unit shall be employed in connection w1h the
14 operator or the home
15
is (d) No moos than three (3) c:iersts sha& at one tiime, avai themseMes b a pnvduct arWW ienvice
17 r r r , J by a home nor shad more than son (6) cents one themnselm to a
18 Modu t arud/or service doing a twenriydons (24) hourP«iocf; - '•� + -
20 (e) Deliveries pertaining io the home occupation shag not oeety more"than once a week and
21 shall be limited to the hours between 8 a.m. and 5 p nL Monday though Friday. Futher,
22 traffic man shall not be restricted or disturbed. as a result d a derwery to a home
23 occupation; and
24
25 (f) Permitted minor horns occupations shall include but shall not be invited to the foibw1W
26
27 (1) Attorney, CPA, Salesman, ArcWtect/Landscape Architect, interior Designer, Graphic
28 Artist, Wont Processor and Consultant;
(2) Artist Studios, provided no retail business is conducted on the premises;
32 (3) Word processing and typing services
33
34 (4) Therapists, social workers, human service professionals;
35
36 (5) Mail order businesses, for receipt of mail order only;
37
38 (6) Telephone sales;
39
40 M Teaching, instructing, tutoring, or coumseGng; and
41
42 (8) Other uses similar to those listed in this Section 5.5 as determined by the Zoning
43 Administrator pursuant to the provisions of Chapter 3, Section 3.9 (Administrative
44 Interpretation).
45
46 5.6 MAJOR HOME OCCUPATIONS. A use shag be classrired as a major home occupation, and
47 allowed by permit pursuant to Section 5.8 provided, in addition to the general conditions set forth
48 in Section 5.4. the following specific conditions are met:
.49
50 (a) The total area needed for the home occupation shag not exceed twenty.five
51 percent (2S%) of the habitable floor area of the dweNW.
52
53 (b) The number of persons who am employed in „ , .bon with the home
54 occupation, but who are of the dwe6ng, steal not exceed two (2};
55
�7
f
5-2
fix.: 1 -:��• _. _ ........ . _
ML
mom ilea sk (6) CiMds sha>t, at OfM b! a�xllbr
2 ` = �_- ==by a home 4. jpa*m-nor dal alai iti tiN led'�9 >bo a product arWat Iatvis �duei� i ii�iiti'�otar (Z4i bar e
`4 - , . - period
a (d) DeAveries psrhdrrirrg b the hoer .rpationahal not aooeisettireis -
r riw
T and shy be krv*W b the haws beti'M -8 i2-ind S'PAL; Monday tabuo',
10 ,. +►1 -_ ; (i) A bans motion permit bou nd b crr Cii pieson shall riot bs tra�daa6ii to
11,^'�';-r'�.s:�" any dhsr person and. #w perriri<.siy not � void at ary'a fir' I s other than em
12 ,c:.. _ one appearing on the parn* -.
13
14 Pennittid major home oceupatioru shall bat are not iced to the
15 - followkV. .. :
17
Teaa,ing. 0• tutorfrp. or oourwir� - .
19
(2)
Photo developing.
20
_ -
21 -
(3)
Upholstering;
22
23
(4)
Dressrrrafdng and alteraf...ti
24
25
(5)
Woodworking;
26
27
(6)
Jewelry making;
28
29
W. , it". �...... and typing;
30
31
(a)
Caterers, provided no mechanical or electrical equipment shall be
32
employed other than that customarily used for household purposes:
33
34
(9)
Repair services, provided no retail bps is conducted on the prerrises;
35
36
(10)
Mail order businesses and telephone sakes; and
37
38 (11) Other uses similar to those listed in this Section 5.6 as determined by the
39 Zoning Administrator pursuant to the provisions of Chapter 3, Section 3.9
40 (Administrative Interpretations).
41
42 5.7 PROHIBITED HOME OCCUPATIONS. Certain uses by their nature of investrnerd or
43 operation have a pronounced tendency, once commenced, to aocpand beyond the scope of
44 activity permitted for home occupations, and thereby impair the integrity of the residential dust.
45 in which they are located. For this reason, the Wowing uses, regardless of their compliance with
46 the standards in Sections 5.4, 55 and/or 5.6 are prohibited as home occupations:
47
-48 (a) Any repair of motorized vehicles such as repair or painting of autos, trucks,
49 traders, boats, and lawn sq *ment;
50
51 (b) Animal hospitals. kennels. stables or bird keeping tmcW w
52
53 (c) Barber shops or beauty parks;
54
55 (d) C . kw:fu* g fraternities and,,. r
56
57 (a) Funeral chapels or homes;
58
- ice►-� 'h �►. .' t':G��'f�!_
'*- --• -- Pi�b%Hrr�q'"".D,r"�adt�7�►-63-�"�- �=�-_ .
- -� 1-_�'�= ., w �,. � - .. _ y Tr'� �,b : �„y a "'`# `�sy.!�� _' _ ' � � -�•" _ - _
'� _ • '."�(C� -'Pb "am than sk (8) CSenls•shai,
1�� a p�oduet and/or fi
2 .. service provided by a horns ooeupation nor steal snore this t�wtve (12) dNoes S
.3'avail themselves to a product andfor'siroi'4Lieinp a'1rr -dour (24) has
a : (d) Deliveries perta t to the home oocupaBon stealnot mooW thin (3)'perweei� r;
T and shall be imled to the hours betobin -s i. end s pi.tn;; Monday ttnoi�gh
•Fridar. _ .. - ' ..,+•w . ( 0 -
6
t s
10 !*'x - 7 3 l (e) A home o=*atioon permit issued to cne (1j person shall not be triWembie to
any attwr person and, the per:�_si�al_not be v_a_id at anyi address other than the
12 mac: •^ -.':' .. • one ,r r . a on the perms
13
14 Qj Permitted major home occqu6 ns shall k=kWe but are, not limited to the
15 — following: _ ..
17 - - h) Ted• kwbft or C -
.. uc f �.�w�A r r
19 (2) Photo developing:
20 •.
21 - . (3) Upholstering;
22
23 (4)
24
25 (5) Woodworidng•,
26
27 (6V.
) Jewelry makh
28 (7) Wvrr r..tir:n,i andtypmg;
3
31 (a) Caterers, provided no mechanical or electrical equipment shall be
32 employed other than that customarily used for household purposes;
33
34 (9) Repair services, provided no retail business is conducted on the premises;
35
36 (10) Mail order businesses and telephone sales; and
37
38 (11) Other uses similar to those listed in this Section 5.6 as determined by the
39 Zoning Administrator pursuant to the previsions of Chap(er 3, Section 3.9
40 (Administrative Interpretations).
41
42 5.7 PROHIBITED HOME OCCUPATIONS. Certain uses by their nature of investment or
43 operation have a pronounced tendency. once commenced, to expand beyond the scope of
44 activity permitted for home occupations, and thereby inpeir the integrity of the residential district
45 in which they are located. For this reason, the following uses, regardless of their compfiance with
46 the standards in Sections 5.4, 55 and/or 5.6 are prohMed as home oci:u ation .
47
48 (a) Any repair of motorized vehicles such as repair or painting of autos, tnxim,
49 traders, beets, and barn equipment~
50
51 (b) Animal how, kennels, stables or bird keeping facRism
52
53 (c) Barber shops or beauty parlors;
54 55 (d) Chubs, ndiudirV fraterrifies and • I r - -V.
7 -
(e) Funeral chapels or homes;
5-3
"� `'nisi . �i` t _ -_, • ' _ - -63��---:'�� .
�_ l+iedical or dental ,- of ffl�dcife or -Tt.
_ _ a_general p�actic�_ ...,.. �f, : IP Y -
.t .
.� �W •'i. _,Oi FYI. .i•�S�■rw � - - .. • _ � � - - . j�,••�`�.T'" 1w
IT .
-
:.— m Wiidnp or n,ed,;ne sl,op�,nd _... o�
'inn I&& E; :
11 �. , • Other uses find r to those ilsted in this Section W as determined by the Zoning
12`. r Administrator pursuant to the provisions of . Chapter 3. Section 3.9.:0 ;
13 - -
14 sac.: ores wil >�o mi home ns:
15 • • 5.8 PERMIT PROCEDURES. The following proced apply pr occupatio
17 (sj Application for a major home occupation p�rmt sW be made to the Zoning .
1a on a form provided by the Adrrrnistraboc and shall be arrrrY�.,1wd : .
19 by a fMrV fee estab8shed by the City Council:..
20
21 (b) After determining that the major horse occupation penrtit application is complete.
22 the Zoning Administrator shell make a decision and notify the applicant in writing
23 within fifteen (15) calendar days;
24
25 (c) A11 major home occupation pennrits shall be valid for a period of five (5) years from
26 the initial date of approval;
27
28 (a) Violation of the specific requirements set forth in Section 5.6 or the general
29 requirements set forth in Section 5.4 shall be deemed as a violation of this
30 Ordinance and shall constitute grounds for revocation of the major home
31 occupation permit by the Zoning Admmestrator pursuant to Chapter 3. Section
32 3.10-6 (Revocation of Certificate of Zoning Compliance).
33
it
M