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HomeMy WebLinkAboutORDINANCES-1962-077-O-62A�-op-tet k 1111 b_3 s C, 77-0-62 AN ORDINANCE Establishing a Municipal Plan Com- mission and Planning Department, Providing for Planning the Future Development and Redevelopment of the City, the Creation, and Organ- ization of a Plan Commission'and Planning Department. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: "Planning Ordinance." 14;2. SECTION 1: NAME: This ordinance may be referred to as the SECTION 2: PURPOSE: It is the pur- pose of this ordinance to provide for planning the future development and redevelopment of the j municipality, and its contiguous unincorporated area as authorized by Division 12 of the Illinois Municipal Code. Such planning may be directed toward the following ends:. a. Adoption by the City Council of an official compre- hensive plan or geographic or functional parts thereof showing the present and future use and development or redevelopment of land in the city and in contiguous unincorporated territory, including general statements of policy and objectives. Such plan in itself shall not be regulatory but shall be for the general guid- ance of local governments and others. 0 1'4 3 b. Adoption by the City Council of (1) new or amended zoning subdivision platting, housing, building construction and other regulations or ordinances, (2) an official map in one or more parts supple- menting such ordinances, and (3) a plan and pro- gram of capital improvements, all designed to bring about the desired use and development or redevelop- ment of land as indicated in specific or general terms by the official comprehensive plan. c. Adoption from time to time by the City Council, when changed conditions warrant or it is other- wise desired, changes or amendments in the prev- iously adopted official comprehensive plan, official map, regulations, ordinances and programs. d. Providing aid and assistance to officials of the city, special districts and other local governments who are charged with acquiring public land or making or directing improvement projects embraced within or affecting the official comprehensive plan, of- ficial map, regulations and capital improvement plan, and initiation of such acquisitions and projects. • e. Providing for the reveiw of and preparation of reports, recommendations or actions on matters relating to plans for development or redevelopment of the city when requested or required (1) by statutes or regulations of the state or federal governments or agencies thereof, or (2) by ordinances of the city, or (3) by the City Council, City Manager, or by officials of special districts or other local govern- ments. SECTION 3: DEFINITIONS, The follow- ing words and terms, wherever they occur in this ordinance, shall be defined as follows; a. Comprehensive Plan. A document or documents prepared in whole or in functional or geographic parts and consisting of (1) A Statement of Community Objectives, and the public policies required to attain such objectives; (2) A Land Use Plan projecting future community land needs, showing by location and ex- tent areas to be used for residential, commercial, industrial, institutional and public purposes; (3) A Transportation Plan projecting future needs for transportation facilities delineating a system of major thoroughfares, needs for mass transporta- tion facilities, and terminal facilities for both automotive and mass transportation systems; (4) -2- • A Community Facilities Plan showing locations and type of present and proposed schools, parks, recreation areas, and other significant public facilities; (5) Such additional supporting studies and detailed neighborhood studies and plans as are required to aid in the realization of the Statement of Community Objectives. b. Official Comprehensive Plan. Such portions of the comprehensive plan as may frcm time to time be adopted or amended by the City Council. c. Official Map. A document in map form which may be designated by ordinance by the city council. The official map may identify existing and pro- posed streets, existing and proposed drainage systems, playgrounds, parks, school sites, building setback lines, quarter section corners, flood plains and any other existing or proposed public improvements. The map may consist of the whole area included within the official compre- hensive plan or one or more separate geographic or functional parts, and may include all or any part of the contiguous unincorporated area within • one and one-half miles from the city limits. The map shall be drawn to scale, shall be reason- ably accurate and shall show north point, section lines and numbers, and streams. d. Official Map Ordinance. An ordinance which may be adopted by the City Council and which shall include as a part of the ordinance the official map. Such ordinance may specifically state standard requirements of the municipality re- lating to the size of streets, alleys, public ways, parks, playgrounds, school sites, other public grounds and ways for public service facilities; the kind and quality of materials which shall be used in the construction of streets and alleys; the kind and quality of materials for public service facilities and the standards required for drainage and sani- tary sewers, and collection and treatment of sewage. -3- • 144 145 SECTION 4; CREATION OF PLAN COM- MISSION AND PLANNING DEPARTMENT. In order to achieve the purpose of this ordinance, the following planning agencies are hereby created - a. A Plan Commission consisting of 9 citizens appointed in such manner and for such terms as hereinafter prescribed in Section 5. b. A Plann-ing Department consisting of a Director of Planning and such technical and other personnel as may be employed and assigned thereto. SECTION 5: PLAN COMMISSION. Appoint- ment, composition, terms: a. The Mayor shall appoint nine (9) Evanston citizens to serve as regular members on the Plan Commission sub- ject to confirmation by the City Council. The Mayor, the Chairman of the City Council Land Use Committee or his designate, the Director of Planning and Direc- tor of Public Works shall be ex-officio members of the Commission. In addition, the Director of Planning shall serve as'secretary of the Commission. f5!/r 54v// 4,60e V0 dare b. All appointed members of the Plan Commission shall serve as such without compensation. c. First appointments of regular members shall be! three for one year, three for two years and three for three years. Thereafter appointments shall be for three years and members may be reappointed for additional terms. An appointment by the Mayor, subject to confirmation by the council, to fill a vacancy in an unexpired term shall be for the remainder of the term. Members shall serve until their successors have been appointed. d. When a member of the Plan Commission has been unable or has failed to attend meetings for health, business or other reasons during a consecutive period of four (4) months, such absence shall be construed, after notice to the member, as resigning from the Commis- sion. A vacancy thus created shall be filled as in other vacancies. 0 -4- SECTION 6: PLt�N CMMISSION PROCEDURE AND ORGANIZATION: The Plan Commission shall: a. Hold an annual meeting and elect a chairman to serve for one year Urith eligibility for reelection. b. Elect annually a vice-chairman to act whenever the chairman is absent or unable to serve. c. Elect`7- ePQn, such associate members of the Plan Commission as are deemed necessary or desirable for the expeditious carrying out of the Commission's duties and responsibilities. Such associate members shall serve for a period of one year with eligibility for reelection I-av Sl.11 4d ve A/0 1/07 d. Establish its own rules of procedure. e. Hold a meeting of the Commission at least once every month. f. Establish such subcommittees of Commission members as it deems desirable. • g. Prepare an annual report and present said report during the month of December to the City Council. Such report shall: (1) incor- porate comments on the adequacy of the Comprehensive Plan, the zoning ordinance and. the Capital Improvements Program as instruments of long-term development policy, (2) summarize the actions of the Plan Commission during the calendar year, and (3) outline the program of the Plan Commission for the following year, indicating joint programs to be carried out in cooperation with the Planning Depart- ment, other staff needs, and anticipated requests for funds from the City Council. h. Adopt such other rules of procedure deemed necessary to conduct meetings and public hearings and to carry out its duties, follow- ing Roberts' Rules of Order in situations not covered by adopted rules. 0 SECTION.7: PLAN COMMISSION POWERS AND DUTIES: The Plan Com- mission shall have the following powers and duties: a. To formulate basic policy for a comprehensive plan, to work with the Planning Department in its preparation, and to recommend.. cL comprehensive plan, in whole or in geographic or functional parts, or changes therein, to the City Council for adoption. 0 1,17 b. To initiate studies, reports and recommendations to the City Council, City Manager, or officials of other local government bodies on matters concerning the present or future development or redevelopment of the City. c. To study and review and to prepare recommendations on all matters related to the comprehensive plan which are referred to the Plan Commission by City Council. d. To study and review and to prepare recommendations on the annual revision of the capital improvement program and on plans and pro- posals of other departments of the city government which relate to the implementation of the comprehensive plan. e. To carry out the above duties the Plan Commission shall have the following powers: (1) To invite the advice and assistance of persons having special knowledge, experience or interest in the needs or problems which are receiving consideration by the Plan Commission. Such ad- visors may include, among others, officials of an adjoining municipality or of other local governments or other persons not living in the city. • (2) To conduct such public hearings as required and as it deems necessary to gather information and ideas needed for thor- ough review of the comprehensive plan or party thereof. (3) To promote the realization of the comprehensive plan and the community objectives it incorporates through public education. and other means. (4) To request from the Planning Department such staff time as may be required to assist the Plan Commission in carrying out its duties. (5) To request from the City Council such additional funds as may from time to time be necessary for the employment of consult- ing services or temporary employees deemed necessary for carrying out the duties required by this ordinance. f. None of the above, without prior approval by City Council, shall include the power to obligate the City for compensation to any person. SECTION 8: PLE'I?NING DEPARTMENT - ORGANIZATION: The organization, assignment of duties and general supervision of the activities and work of the -6- • • of the planning; department shall be determined by the City Manager and the employment of special planning consultants shall be determined by the City Council. SECTION 9: PLANNING DEPARTMENT - DIRECTOR OF PLANNING: The head of the Planning Department shall be appointed by the City Manager and shall be known as the Director of Planning. SECTION 10: DIRECTOR OF PLANNING, POWERS AND DUTIES: The Director of Planning shall be responsible to the City Manager and have the following duties and responsibilities: a. To serve as Secretary to the Plan Commission, to keep all records of the Plan Commissions, and to provide such staff services as may be necessary to assist the Plan Commission in carrying out its duties. • b. To serve as Secretary to the Land Use Committee of the City Council, to keep all records of said committee, and to provide such staff services as may be required by said committee. c. To serve as Secretary to the Zoning Amendment Committee, to keep all records of said committee, and to provide such staff services as may be required by said committee. d. To prepare in cooperation with the Plan Commission and within the policy framework established by the Plan Commission, a compre- hensive plan or amendments to an existing plan, for the present and future development or redevelopment of the city. Such plan may be prepared in whole or in separate geographic or functional parts. e. To undertake research studies necessary to the preparation, modification and implementation of the comprehensive plan or part thereof* f. To undertake research studies and to develop plans and programs and make recommendations for community or area renewal, including such plans for conservation, rehabilitation or redevelopment as may be authorized by the Cite Council. 9 148 • 140 g. To serve as liaison between the city administration and Plan Commission, and professional consultants retained by the city to undertake general or specific studies related to the preparation, modification or implementation of the comprehensive plan. h. To prepare and recommend, and to assist other executive departments of the city in the development of specific plans and programs of capital improvements to e`Asure th Such1 and programs of capital improvement Vs Al be the comprehensive plan and coordinated with other specific projects intended to implement the comprehensive plan in whole or in part. i. To review zoning, subdivision, and related ordinances prior to adoption by the City Council. J. To establish close working relationships with the administrative officers of other local governmental jurisdictions so that plans of all agencies for the development or redevelopment of the community will be coordinated. k. To participate with the City ManVr and other department heads in the annual revision of the capital improvement program for review by the City Council as a part of the annual budget form- ulation proce of the city. • C'Iaw Go Kracl ssifl �'" A Nd Tk lP 1. To plan, organize and put into effect sound programs of public education concerning the long range development of the community. after general review by the City ManagereL,. a lie SECTION 11: FUNDS FOR PLANNING - The City may appropriate from any funds under its control and not otherwise appropriated, such sums as the corporate authorities may deem proper for the maintenance and operation of the Plan Commission and Planning Department, including the salaries of all paid members and employees; the development of a plpming program, the preparation of reGulations, projects and programs pertinent to the development, redevelopment and renewal of the city and such surrounding territory over which the city exercises subdivision jurisdiction; the preparation and revision of the official map and the exercise of the purposes for which it was created. —8— • • The city may accept, receive and expend funds, grants and services from the federal government or its agencies, or from the State of Illinois or its agencies, from the Northeastern Illinois Metropolitan Area Planning Commission, from other local governments or their agencies, or from private persons or corporations or foundations for planning purposes generally or for planning specific projects. A. MEANING SECTION 12: OFFICIAL COMPREHENSIVE PLAN The comprehensive plan (as distinguished from the official map) is advisory and in and of itself shall not be construed to regulate or control the use of private property in any way except as to such part thereof as has been implemented by ordinances duly enacted by the City Council. The official comprehensive plan, or any amendment thereof, or addition." thereto, shall be efective•in the city and the contiguous area within one and one-half miles of the corporate limits, only after its formal adoption by the City Council. • B. PUBLIC HEARING An official comprehensive plan, or any amendment thereof, shall not be adopted by the city council until notice and opportunity for public hearings have first been afforded in the manner herein provided. a. Upon submission of a comprehensive plan by the Plan Commission and Planning Department, or a proposed ame nt to an exist- ing comprehensive plan, the city council sa schedule a public hearing thereon, either before the plan commission or the city council. b. Not less than 15 days notice of the proposed hearing, and the time and place thereof, shall be given by publication in a newspaper of general circulation in the county or counties in which the city and contiguous unincorporated territory are located. c. All persons desiring to be heard in support or opposition to the comprehensive plan or amendment shall be afforded such opportunity, and may submit their statements orally, in writing, or both. d. The hearing may be recessed to another date if not concluded, if notice of the time and place thereof is publicly announced • 151 at the hearing or is given by newspaper publication not less then five (5) days prior to the recessed hearing. C. PROCEDURE FOR MOPTION Within ninety (90) days after the conclusion of the hearing, the City Council, after consideration of the recommendation of the plan commission and planning department and such information as shall have been derived from the hearing,.shall either adopt the comprehensive plan or amendment in whole or in part or reject the entire comprehensive plan or amendment. If at the expiration of such ninety (90) days, the corporate authorities have taken no formal action, the comprehensive plan or amendment thereto may thereafter not be acted upon by the city council without again complying with the condi- tions of notice and hearing heretofore provided. The City Council may adopt parts of a comprehensive plan recommended by the plan commission and planning department without adopting the entire comprehensive plan as recommend- ed, or may modify or amend portions of a recommended com- prehensive plan without a re -reference of same to the plan commission and planning department and may adopt such com- prehensive plan, as modified or amended. Such comprehensive plan, when adopted, shall be the official comprehensive plan, or part thereof, of that municipality. No comprehensive plan or amendment thereto shall be adopted that has not been sub- mitted to the plan commission and planning department. An ordinance shall not be construed to modify or amend the com- prehensive plan in whole or in part unless it so states. D. EFFECTIVE DI;TE The comprehensive plan or amendment shall become effective upon the expiration of 10 days after the date of filing no- tice of the adoption of such comprehensive plan or amend- ment with the County Recorder of Deeds. SECTION 13: OFFICIAL MAP A. MEANING The official map and the official map ordinance if duly enacted by the City Council may regulate or control the use of private property with respect to requirements for the dedication or reservation of public streets and other areas for public use, and with respect to establishing minimum standards for the provision of public improvements in sub- divisions or resubdivisions. 0 -10- • .. 152 The City Council may initiate plans and maps by requesting the planning department to prepare an official map and re- commend the same, or may originate an official map, or a part thereof, or an amendment thereto, and shall refer same or suggested changes in an existing map to the plan commission and planning department for their consideration and re- commendation thereon. No official map or amendment thereto shall be adopted that has not been submitted to the plan commission and planning department. B. PUBLIC HEARING The official map, the official map ordinances, or any amend- ments thereof shall not be adopted by the City Council until notice and opportunity for public hearing have first been afforded in the same manner as prescribed for the comprehensive plan in Section 12-B. C. PROCEDURE FOR ADOPTION The procedure for adoption of the official map and the official map ordinance shall follow the same procedures prescribed for the official comprehensive plan in Section 12-C. • D. EFFECTIVE DATE The official map and ordinance, or amendment shall become effective upon the expiration of 10 days after the date of filing notice of the adoption of the official map and ordinance or amendment with the County Recorder of Deeds. SECTION 14: PLANNING RECORDS - PUBLIC INSPECTION The official comprehensive plan and the ordinance or ordinances including the official map shall be placed on file with the City Clerk and shall be available at all times during business hours for public inspection. Copies of the plan and all ordinances im- plementing the same, including the official map, shall be made available to all interested parties upon payment of such sum as the city council shall determine to be adequate to reimburse the general fund of the municipality for the cost of printing and distributing the same. SECTION 15: REPEAL All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 33-1 through 33-6 inclusive of the Code of the City of Evanston, 1957, • are hereby expressly repealed. SECTION 16: VALIDITY Any part of this ordinance or action taken under such part which may be declared by a court of competent jurisdiction to be in- valid shall not affect the validity of any other part or section thereunder. The provisions of this ordinance shall not affect the validity of any official comprehensive plan or official map adopted and in force prior to the effective date hereof. SECTION 17: EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. INTRODUCED: December 17 , 1962 ADOPTED January 7 , 1962 • ATTEST: /s/ Maurice F. Brown City Clerk Approved as to form: /s/ Jack M. Siegel Corporation Counsel • -12- 133 APPROVED January 12 , 1962 /s/ John D. Emery Mayor