HomeMy WebLinkAbout069-O-23 Amending Title 6 of the City Code with an Omnibus Ordinance (2 of 2) to provide Clarifications and Updates the Zoning Ordinance07/10/2023
69-O-23
AN ORDINANCE
Amending Title 6 of the City Code with an Omnibus Ordinance (2 of 2)
to provide Clarifications and Updates the Zoning Ordinance
WHEREAS, the City of Evanston is a home-rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt legislation and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970,
states that the “powers and functions of home rule units shall be construed liberally,”
was written “with the intention that home rule unit be given the broadest powers
possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and
WHEREAS, it is a well-established proposition under all applicable case
law that the power to regulate land use through zoning regulations is a legitimate means
of promoting the public health, safety, and welfare; and,
WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and,
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the
Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and
WHEREAS, the Evanston Land Use Commission (“LUC”), in its capacity
as a recommending body to the Evanston City Council on policy and amendments to
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the Zoning Ordinance as the relate to the present and future development or
redevelopment of land as identified in the Comprehensive General Plan, pursuant to
Section 2-19-4 of the Evanston City Code of 2012, finds the below changes to the
Zoning Ordinance necessary to further the goals and objectives of the Comprehensive
Plan; and
WHEREAS, the LUC has adopted Rules of Procedure in which they may
request Community Development Department staff to assist in carrying out their duties
as outlined in Section 2-19-4 of the Evanston City Code of 2012 and staff prepared draft
Code Amendments for the consideration of the LUC to this effect; and
WHEREAS, following due and proper publication of notice in Pioneer
North not less than fifteen (15) nor more than thirty (30) days prior thereto, the Evanston
Land Use Commission (“LUC”) conducted a public hearing on May 24, 2023 regarding
case no. 23PLND-0006 to consider the proposed Code Amendments at which
evidence, testimony, and exhibits in support of the Code Amendments were presented,
and at which interested parties were provided the opportunity to provide public
comment; and
WHEREAS, after having considered the evidence presented, including the
exhibits and materials submitted, and public testimony provided, the LUC found that:
A. The proposed Code Amendments are consistent with the goals,
objectives, and policies of the Comprehensive General Plan, as adopted
and amended from time to time by the City Council.
B. The proposed Code Amendments are compatible with the overall
character of existing development in the neighborhoods to which the
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amendments will apply. The proposed Code Amendments address
various issues and clarifications that have arisen over time. These
changes are not expected to significantly alter the character of
neighborhoods.
C. The proposed Code Amendments will not have an adverse effect on the
value of properties within the City. The proposed amendments aim to
improve conditions on properties by addressing issues such as signage
regulations and consistent language and expectations.
D. The proposed Code Amendments will not negatively impact the provision
of public facilities and services.
WHEREAS, after making its findings as set forth herein, the LUC
recommended approval of the proposed Code Amendments pursuant to Sections 6-3-4-
5 and 6-3-4-6 of the Zoning Ordinance by a vote of six (6) “yes” votes and zero (0) “no”
votes with three (3) absent to the Planning and Development Committee (“P & D
Committee”) of the City Council approval thereof; and
WHEREAS, on July 10, 2023, the P & D Committee held a meeting in
compliance with the Illinois Open Meetings Act, received input from the public, carefully
considered the findings and recommendation for approval with modifications by the LUC
in case no. 23PLND-0006 as outlined herein, concurred with said findings, and
recommended approval of the proposed Code Amendments to the City Council; and
WHEREAS, at its meetings on July 10, 2023, and July 24, 2023, held in
compliance with the Open Meetings Act, the City Council considered the
aforementioned findings of fact related to the proposed Code Amendments, as
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recommended by the LUC and the P & D Committee and amended and outlined herein;
and
WHEREAS, the City Council finds that it is in the best interest of the City
of Evanston to codify these changes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The City Council has considered the findings and
recommendations of the LUC and the P & D Committee with regard to the proposed
Code Amendments as outlined herein and the foregoing recitals are hereby found and
adopted as fact with regard to the proposed Code Amendments.
SECTION 2: Section 6-4-6-3 “Allowable Accessory Uses and Structures”
of the Evanston City Code of 2012, as amended, is hereby amended as follows:
6-4-6-3. – ALLOWABLE ACCESSORY USES AND STRUCTURES (DETACHED
FROM PRINCIPAL STRUCTURE).
(B) Table 4-A – Permitted accessory buildings, structures and uses:
Table 4-A includes yard obstructions (see Subsection 6-4-1-9 (B) of this Chapter)
attached to the principal or a secondary structure as well as freestanding accessory
buildings, structures, and uses.
18. Loading Berths subject to Section 6-16-4 of this Title S R Both
1819. Open off-street parking (however, in a residential district open
off-street parking shall be within 30 feet of the rear lot line or alley)
F S R Both
1920. Laundry drying equipment R Rsd
2021. Ornamental light standards F R Both
2122. Solar collectors (active and passive) subject to Section 6-4-6-
8 of this Chapter
F S R Both
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23. Patio R Both
2224. Permanently anchored lawn furniture (garden furniture and
decorations such as benches, sundials, birdbaths, statues, sculpture
and artwork)
F R Both
2325. Playground equipment and playhouses (provided they are no
closer than 5 feet from any property line)
R Rsd
2426. Porte-cochere (projecting no more than 10 feet from an
exterior wall in a residential district and no more than 15 feet in a
nonresidential district)
F S R N-
Rsd
2527. Sheds and storage structures for garden equipment (sheds for
propagation or keeping of birds, poultry (except hens), or livestock
are prohibited)
R Rsd
2628. Steps, open (shall not be less than 1 foot from a lot line) F S R Both
2729. Storage of any vehicles (provided they are no closer than 10
feet from any property line)
R N-
Rsd
2830. Storage of boats and recreational vehicles. (In residential, RE,
transitional, and university districts, not more than 1 truck with a
gross weight of 8,000 pounds or less, or 1 trailer with a gross weight
of 5,000 pounds or less, and not more than 1 motorized mobile
camping unit, boat, and/or boat trailer may be parked within a
building or in a rear yard, but not in a front or side yard or in any court
area that opens toward a public street.)
R Rsd
2931. Swimming pools (provided they are no closer than 10 feet from
any property line)
R Rsd
3032. Tennis courts (provided they are no closer than 10 feet from
any property line)
R Both
31. Terraces at grade F S R Both
3233. Transformers R Rsd
S R N-
Rsd
SECTION 3: Section 6-16-4-1, “Location” of the Evanston City Code of
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2012, as amended, is hereby amended as follows:
6-16-4-1. – LOCATION.
(C) Loading Berths that are open to the sky shall be subject to the open parking
setbacks required in the underlying zoning district.
SECTION 4: Section 6-18-3 “Definitions” of the Evanston City Code of
2012, as amended, is hereby amended as follows:
6-18-3. - DEFINITIONS.
MIXED-USE
MARKET
One facility that features a variety of sub-uses, often start-ups and
unique or innovative local businesses, that encourage cross-patronage
in one experience. Some sub-uses may not be listed or eligible uses
within the zoning district the facility is located, but may be allowed when
the majority of the sub-uses are retail, restaurant, and/or service
oriented in nature.
PATIO: A portion of a lot which is improved with a hardscape material at grade
detached anywhere on a lot or attached to the house in side or rear
yards. An unroofed area improved with a hardscape material that is not
a walkway or open parking space and is intended for recreational use.
TERRACE: An uncovered outdoor surface attached to the building and located
between the building and the right-of-way. When roofed, a terrace shall
be considered a porch.
SECTION 5: Section 6-9-2-2.5 “Administrative Review Uses” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-9-2-2.5. – ADMINISTRATIVE REVIEW USES.
The following uses may be allowed in the B1 district, subject to the provisions set forth
in Section 6-3-5-16, "Administrative Review Uses," of this Title:
Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 6: Section 6-9-2-3 “Special Uses” of the Evanston City Code of
2012, as amended, is hereby amended as follows:
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6-9-2-3. – SPECIAL USES.
The following uses may be allowed in the B1 district, subject to the provisions set forth
in Section 6-3-5, "Special Uses," of this Title:
Mixed-Use Market (over 7,500 square feet in size)
SECTION 7: Section 6-9-3-2.5 “Administrative Review Uses” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-9-3-2.5. – ADMINISTRATIVE REVIEW USES.
The following uses may be allowed in the B2 district, subject to the provisions set forth
in Section 6-3-5-16, "Administrative Review Uses," of this Title:
Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 8: Section 6-9-3-3 “Special Uses” of the Evanston City Code of
2012, as amended, is hereby amended as follows:
6-9-3-3. – SPECIAL USES.
The following uses may be allowed in the B2 district, subject to the provisions set forth
in Section 6-3-5, "Special Uses," of this Title:
Mixed-Use Market (over 7,500 square feet in size)
SECTION 9: Section 6-9-4-2.5 “Administrative Review Uses,” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-9-4-2.5. – ADMINISTRATIVE REVIEW USES.
The following uses may be allowed in the B3 district, subject to the provisions set forth
in Section 6-3-5-16, "Administrative Review Uses," of this Title:
Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 10: Section 6-9-4-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-9-4-3. - SPECIAL USES.
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The following uses may be allowed in the B3 district, subject to the provisions set forth
in Section 6-3-5, "Special Uses," of this Title:
Mixed-Use Market (over 7,500 square feet in size)
SECTION 11: Section 6-9-5-2.5 “Administrative Review Uses,” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-9-5-2.5. – ADMINISTRATIVE REVIEW USES.
The following uses may be allowed in the B1a district, subject to the provisions set
forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:
Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 12: Section 6-9-5-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-9-5-3. - SPECIAL USES.
The following uses may be allowed in the B1a business district, subject to the
provisions set forth in Section 6-3-5, "Special Uses," of this Title:
Mixed-Use Market (over 7,500 square feet in size)
SECTION 13: Section 6-10-2-2 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-10-2-2. - PERMITTED USES.
The following uses are permitted in the C1 district:
Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 14: Section 6-10-2-2.5 “Administrative Review Uses,” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-10-2-2.5. - ADMINISTRATIVE REVIEW USES.
The following uses may be allowed in the C1 district, subject to the provisions set forth
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in Section 6-3-5-16, "Administrative Review Uses," of this Title:
Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet
in size)
SECTION 15: Section 6-10-2-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-10-2-3. - SPECIAL USES.
The following uses may be allowed in the C1 district, subject to the provisions set forth
in Section 6-3-5, "Special Uses," of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 16: Section 6-10-3-2 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-10-3-2. - PERMITTED USES.
The following uses are permitted in the C1a district:
Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 17: Section 6-10-3-2.5 “Administrative Review Uses,” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-10-3-2.5. - ADMINISTRATIVE REVIEW USES.
The following uses may be allowed in the C1a district, subject to the provisions set
forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:
Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet
in size)
SECTION 18: Section 6-10-3-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-10-3-3. - SPECIAL USES.
The following uses may be allowed in the C1a district, subject to the provisions set
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forth in Section 6-3-5 of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 19: Section 6-10-4-2 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-10-4-2. - PERMITTED USES.
The following uses are permitted in the C2 district:
Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 20: Section 6-10-4-2.5 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-10-4-2.5. - ADMINISTRATIVE REVIEW USES.
The following uses may be allowed in the C2 district, subject to the provisions set forth
in Section 6-3-5-16, "Administrative Review Uses," of this Title:
Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet
in size)
SECTION 21: Section 6-10-4-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-10-4-3. - SPECIAL USES.
The following uses may be allowed in the C2 district, subject to the provisions set forth
in Section 6-3-5, "Special Uses," of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 22: Section 6-11-2-2 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-11-2-2. - PERMITTED USES.
The following uses are permitted in the D1 district:
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Mixed-Use Market (provided the use is 20,000 square feet or less in size)
SECTION 23: Section 6-11-2-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-11-2-3. - SPECIAL USES.
The following uses may be allowed in the D1 district, subject to the provisions set forth
in Section 6-3-5 of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 24: Section 6-11-3-3 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-11-3-3. - PERMITTED USES.
The following uses are permitted in the D2 district:
Mixed-Use Market (provided the use is 20,000 square feet or less in size)
SECTION 25: Section 6-11-3-4 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-11-3-4. - SPECIAL USES.
The following uses may be allowed in the D2 district, subject to the provisions set forth
in Section 6-3-5 of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 26: Section 6-11-4-2 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-11-4-2. - PERMITTED USES.
The following uses are permitted in the D3 district:
Mixed-Use Market (provided the use is 20,000 square feet or less in size)
SECTION 27: Section 6-11-4-3 “Special Uses,” of the Evanston City Code
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of 2012, as amended, is hereby amended as follows:
6-11-4-3. - SPECIAL USES.
The following uses may be allowed in the D3 district, subject to the provisions set forth
in Section 6-3-5 of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 28: Section 6-11-5-2 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-11-5-2. - PERMITTED USES.
The following uses are permitted in the D4 district:
Mixed-Use Market (provided the use is 20,000 square feet or less in size)
SECTION 29: Section 6-11-5-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-11-5-3. - SPECIAL USES.
The following uses may be allowed in the D4 district, subject to the provisions set forth
in Section 6-3-5 of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 30: Section 6-12-2-2 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-12-2-2. - PERMITTED USES.
The following uses are permitted in the RP district:
Mixed-Use Market (provided the use is 20,000 square feet or less in size)
SECTION 31: Section 6-12-2-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
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6-12-2-3. - SPECIAL USES.
The following special uses may be permitted in the RP district, subject to the provi-
sions set forth in Section 6-3-5 of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 32: Section 6-13-2-2 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-13-2-2. - PERMITTED USES.
The following uses are permitted in the MU district:
Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 33: Section 6-13-2-2.5 “Administrative Review Uses,” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-13-2-2.5. - ADMINISTRATIVE REVIEW USES.
The following uses may be allowed in the MU district, subject to the provisions set
forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:
Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet
in size)
SECTION 34: Section 6-13-2-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-13-2-3. - SPECIAL USES.
The following uses may be allowed in the MU district, subject to the provisions set
forth in Section 6-3-5, "Special Uses," of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 35: Section 6-13-3-2 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
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6-13-3-2. - PERMITTED USES.
The following uses are permitted in the MUE district:
Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 36: Section 6-13-3-2.5 “Administrative Review Uses,” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-13-3-2.5. - ADMINISTRATIVE REVIEW USES.
The following uses may be allowed in the MUE district, subject to the provisions set
forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:
Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet
in size)
SECTION 37: Section 6-13-3-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-13-3-3. - SPECIAL USES.
The following uses may be allowed in the MUE district, subject to the provisions set
forth in Section 6-3-5, "Special Uses," of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 38: Section 6-13-4-2 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-13-4-2. - PERMITTED USES.
The following uses are permitted in the MXE district:
Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 39: Section 6-13-4-2.5 “Administrative Review Uses,” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-13-4-2.5. - ADMINISTRATIVE REVIEW USES.
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The following uses may be allowed in the MXE district, subject to the provisions set
forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:
Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet
in size)
SECTION 40: Section 6-13-4-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-13-4-3. - SPECIAL USES.
The following uses may be allowed in the MXE district, subject to the provisions set
forth in Section 6-3-5, "Special Uses," of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 41: Section 6-14-2-2 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-14-2-2. - PERMITTED USES.
The following uses are permitted in the I1 district:
Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 42: Section 6-14-2-2.5 “Administrative Review Uses,” of the
Evanston City Code of 2012, as amended, is hereby established as follows:
6-14-2-2.5. – ADMINISTRATIVE REVIEW USES.
The following uses may be allowed in the I1 District, subject to the provisions set forth in
Section 6-3-5-16, “Administrative Review Uses,” of this Title:
Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet
in size)
SECTION 43: Section 6-14-2-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-14-2-3. - SPECIAL USES.
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The following uses may be allowed in the I1 district, subject to the provisions set forth
in Section 6-3-5, "Special Uses," of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 44: Section 6-14-3-2 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-14-3-2. - PERMITTED USES.
The following uses are permitted in the I2 district:
Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 45: Section 6-14-3-2.5 “Administrative Review Uses,” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-14-3-2.5. - ADMINISTRATIVE REVIEW USES.
The following uses may be allowed in the I2 district, subject to the provisions set forth
in Section 6-3-5-16, "Administrative Review Uses," of this Title:
Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet
in size)
SECTION 46: Section 6-14-3-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-14-3-3. - SPECIAL USES.
The following uses may be allowed in the I2 district, subject to the provisions set forth
in Section 6-3-5, "Special Uses," of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 47: Section 6-14-4-2 “Permitted Uses,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
6-14-4-2. - PERMITTED USES.
The following uses are permitted in the I3 district:
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Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 48: Section 6-14-4-2.5 “Administrative Review Uses,” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-14-4-2.5. - ADMINISTRATIVE REVIEW USES.
The following uses may be allowed in the I3 district, subject to the provisions set forth
in Section 6-3-5-16, "Administrative Review Uses," of this Title:
Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet
in size)
SECTION 49: Section 6-14-4-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-14-4-3. - SPECIAL USES.
The following uses may be allowed in the I3 district, subject to the provisions set forth
in Section 6-3-5, "Special Uses," of this Title:
Mixed-Use Market (over 20,000 square feet in size)
SECTION 50: Section 6-15-2-2.5 “Administrative Review Uses,” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-15-2-2.5. - ADMINISTRATIVE REVIEW USES.
The following uses may be allowed in the O1 district, subject to the provisions set forth
in Section 6-3-5-16, "Administrative Review Uses," of this Title:
Mixed-Use Market (provided the use does not exceed 7,500 square feet)
SECTION 51: Section 6-15-2-3 “Special Uses,” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
6-15-2-3. - SPECIAL USES.
The following uses may be allowed in the O1 district, subject to the provisions set forth
in Section 6-3-5, "Special Uses," of this Title:
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Mixed-Use Market (over 7,500 square feet in size)
SECTION 52: Section 6-15-14-7 “Active Ground Floor Uses,” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-15-14-7. - ACTIVE GROUND FLOOR USES.
In Subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level along the
primary street frontage. "Active uses" are hereby defined in the table below along with
the matter in which they are allowed in each subarea as either permitted use ("P") or
administrative review use ("A") or special use ("S"). In Subareas 3, 4, 5, 6 and 7,
active uses shall occupy the ground floor level along the primary street frontage.
"Active uses" are hereby defined in the table below along with the matter in which they
are allowed in each subarea as either permitted use ("P") or administrative review use
("A") or special use ("S").
Uses: B1A
(Subareas
4, 5 and 6)
O1
(Subarea 3)
C2
(Subarea 7)
Mixed-Use Market (provided
the use does not exceed 7,500
square feet)
A A A
Mixed-Use Market (over 7,500
square feet in size
S S S
SECTION 53: Section 6-3-6-12 “Adjustments to Development Plans,” of
the Evanston City Code of 2012, as amended, is hereby amended as follows:
6-3-6-12. – ADJUSTMENTS TO DEVELOPMENT PLANS
(A) New Application Required for Amendments: Except for minor and major
adjustments authorized pursuant to Subsections 6-3-6-12 (B) and 6-3-6-12 (C) no
amendment shall be made in the construction, development or use of a planned
development without a new application under the provisions of this Ordinance. The
date of completion of a planned development, for which an amendment has been
proposed, may be extended by the City Council for good cause.
(B) Major Adjustments: Prior to construction or during build-out of the planned
development, the City Council may authorize major adjustments to the approved
development plan. Major adjustments are limited to the following:
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1. Any alteration in the development plan that requests or establishes a new Site
Development Allowance.
2. Any alteration in the development plan that requests or establishes an increase
in the degree of an approved Site Development Allowance.
Major Adjustments shall follow the full process and requirements for new planned
development proposals pursuant to Section 6-3-6 and including the application
procedure outlined in Subsection 6-3-6-7. Such process includes public notification to
all property owners within 1,000 of the development boundaries and a public hearing
with the Land Use Commission pursuant to Subsection 6-3-6-8, standards for approval
outlined in Subsection 6-3-6-9, and a final determination by the City Council pursuant
to Subsection 6-3-6-2.
(B)(C) Minor Adjustments: Prior to construction or dDuring build-out of the planned
development, the Zoning Administrator may authorize, following review and
recommendation of the Design and Project Review Committee, the City Council may
authorize minor adjustments to the approved development plan., when such
adjustments appear necessary in light of technical or engineering considerations. Any
adjustment to the development plan not authorized by Subsection (B) of this Section
shall be considered a minor adjustment. Such minor adjustments include the following:
1. Altering the location of any one (1) structure or group of structures by not more
than one-fourth (¼) of the distance shown on the approved development plan
between such structure or structures, and any other structure or any vehicular
circulation element or any boundary of the site, whichever is less.
2. Altering the location of any circulation element by not more than one-fourth (¼)
of the distance shown on the approved development plan between such circula-
tion element and any structure, whichever is less.
3. Altering the siting of any open space by not more than twenty percent (20%).
4. Altering any final grade by not more than twenty percent (20%) of the originally
planned grade.
5. Altering the location or type of landscaping elements by not more than twenty
percent (20%).
6. Altering the location or type of utility equipment.
1. Any alteration in the development plan that does not request or establish a new
Site Development Allowance.
2. Any alteration in the development plan that decreases the degree of an existing
Site Development Allowance.
3. Any alteration to a building facade and/or primary building materials.
4. Modification to conditions and/or public benefits listed within the approved ordi-
nance.
5. Extensions to development and construction timelines listed within the approved
ordinance.
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Such minor adjustments shall be consistent with the intent and purpose of the
Ordinance and the development plan as approved pursuant to this Section 6-3-6, and
shall be the minimum necessary to overcome the particular difficulty and shall not be
approved if such adjustments would result in a violation of any standard or requirement
of this Ordinance.
For properties located in a designated historic district or incorporating identified historic
structures, no such adjustment shall be granted for any critical structure, feature or
element identified in the approved development plan as historically contributing without
the prior consent of the preservation commission.
Minor Adjustments shall not include any alteration to the development plan that results
in an increase in zoning relief that is within the purview of the Land Use Commission.
The Zoning Administrator may, at his/her/their discretion, require of the applicant an
updated zoning analysis application and/or additional studies or impact analyses when
he/she/they determine a reasonable need for such investigation is indicated. Minor
Adjustments may be reviewed by the Design & Project Review Committee if deemed
necessary by the Zoning Administrator pursuant to the development alterations
proposed. Minor adjustments shall then proceed directly to the Planning &
Development Committee, and include a final determination by the City Council
pursuant to Subsection 6-3-6-2.
(C) Major Adjustments: Major Adjustments: Any adjustment to the approved
development plan not authorized by Subsection (B) of this Section, is considered to be
a major adjustment. The City will provide notice, through the use of a third party
service, by first class mail to all owners of property within a one thousand (1,000) foot
radius of the property lines of the planned development, inclusive of public roads,
streets, alleys and other public ways from the planned development site whose
addresses appear on the current tax assessment list. The applicant must pay any and
all fees and postage associated with mailing such notice pursuant to this Section. The
City reserves the right to provide the aforementioned notice by first class mail where
the Zoning Administrator finds it necessary. Upon providing such notice, the Plan
Commission may approve an application for a major adjustment to the development
plan not requiring a plan as approved, then the Commission shall review the request in
accordance with the procedures set forth in Section 6-3-6-8 of this Chapter.
SECTION 54: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 55: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
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without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 56: This ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner provided by law.
SECTION 57: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: _________________, 2023
Adopted: ___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation Counsel
July 24
July 10
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July 26
Referral from Land Use Commission
To: Elizabeth Williams, Planning Manager
Melissa Klotz, Zoning Administrator
From: Matt Rodgers, Chair, Land Use Commission
Cc: The Honorable Daniel Biss, Mayor, City of Evanston
Sarah Flax, Interim Director of Community Development
Nicholas Cummings, Corporation Counsel
Subject: Referral of Land Use Omnibus Items
Date: March 23, 2023
As Chair of the Land Use Commission, and in accordance with Section 2-19-4 (B) of the Municipal
Code granting authority of the Land Use Commission “to initiate studies, reports and
recommendations to the City Council, City Manager, or officials of other local governmental bodies
on matters concerning the present or future development or redevelopment of the City,” I
respectfully request that the Community Development Department preparing for discussion the
following items.
That the City of Evanston:
• Establish a Unified Sign Plan process which would update definition and intent, create a
process with the Land Use Commission as the determining body, but require that the
Commission make a recommendation to City Council on any signage over 50' in height;
• Develop signage standards which would update eligible Minor and Major Variations for signs
and create standards that are simpler than the City’s existing variation standards;
• Expand Transit Oriented Development maps to an appropriate radius, providing consistent
buffer distances with one recommended across all zoning districts, but no changes be
recommended for existing TOD parking requirements;
• Update Municipal Code language to be consistent with Commission rules which state that a
written continuance provided with appropriate reasoning “may be granted” not “shall be
granted”;
• Change “Unique Use” to “Unique Adaptive Use” process, opening it to all areas of the City
and not just R1 landmark properties, and require a Special Use with increased density
instead of requiring multiple variations;
• Correct language for prohibiting curb cuts when alley access is present, so it applies to street
side yard access;
• Establish accessory structure setbacks in non-residential districts;
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• Clarify parking setbacks include loading berths for all districts;
• Clarify “Patio” and “Terraces” definitions and yard requirements;
• Establish “Mixed-Use Market” as an eligible principal use in all non-residential districts for
shared mixed-use business concepts, along with any required parking, and in consultation
with the City’s business districts;
• Clarify the definition of an Apartment Hotel definition to state that the property must be at
least 25% rental, but if it exceeds 50% the primary use changes to a Hotel; and
• Revive the Minor/Major Planned Development Adjustments, which stalled in the Referrals
Committee, to make any site development allowance that would normally require a hearing
before Commission a Major Adjustment; all others would be Minor and addressed
administratively.
Staff shall coordinate with the Commission Chair on these referrals to present the aforementioned to
the Land Use Commission into an appropriate number of omnibus text amendments based on
priority and necessity.
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May 24, 2023 Land Use Commission Meeting
MEETING MINUTES EXCERPT
LAND USE COMMISSION
Wednesday, May 24, 2023
7:00 PM
Lorraine H. Morton Civic Center, 2100 Ridge Avenue, James C. Lytle City Council
Chambers
Members Present: Kiril Mirintchev, Kristine Westerberg, Matt Rodgers, Myrna Arevalo,
Brian Johnson and Jeanne Lindwall
Members Absent: Max Puchtel, John Hewko, and George Halik
Staff Present: Assistant City Attorney Brian George, Planner Katie Ashbaugh,
Neighborhood, Zoning Administrator Melissa Klotz, and Planning
Manager Liz Williams
Presiding Member: Matt Rodgers
_____________________________________________________________________
Call to Order
Chair Rodgers opened the meeting at 7:03 PM. A roll call was then done and a quorum
was determined to be present.
C. Public Hearing: Text Amendments | Omnibus Text Amendment Package |
23PLND-0006.
A City-initiated Text Amendment to the Zoning Ordinance, Title 6 of the Evanston City
Code, for an Omnibus Text Amendment package relating to the following:
1. Amend the definition and applicability of Unified Comprehensive Sign Plans and
establish a review process with the Land Use Commission as the final
determining body (Chapters 3, 19).
2. Modify eligible Major and Minor Variations related to signs and establish
Standards for Approval for Major and Minor Variations related to signs (Chapters
3, 19).
3. Amend the TOD (Transit Oriented Development) Area definition to encompass a
consistent and predictable distance from mass transit lines (Section 6-18-3).
4. Clarify language and procedures for continuance requests to public hearings
(Chapter 3).
5. Modify the Unique Use process into a Unique Adaptive Use process that is
eligible to historic and non-historic properties (Section 6-3-7, Section 6-18-3).
6. Clarify language that prohibits curb cuts to the street when alley access is
present in Residential Districts (Chapter 8).
7. Clarify accessory structure required setbacks and yards in non-residential
districts (Section 6-4-6).
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8. Clarify open parking required setbacks and yards also apply to loading berths
(Section 6-4-6, Chapter 16).
9. Clarify definitions, yards, and setbacks for Patios and Terraces (Section 6-18-3,
Section 6-4-6)
10. Establish a Mixed-Use Market as an eligible principal use in non-residential and
non-university districts (Title 6, Section 6-18-3).
11. Modify the existing Apartment Hotel use and/or definition for clarity (Section 6-18-
3, Section 6-8-8, Section 6-11-4).
12. Clarify and modify the process for Adjustments to Development Plans for
Planned Developments (Section 6-3-6-12).
The Land Use Commission makes a recommendation to the City Council, the
determining body for this case per City Code Section 6-3-4-5.
Deliberations
Chair Rodgers opened with Item Number 12. The proposed change aims to ensure that
if a site development allowance is granted and changes need to be made (such as
building height, FAR, parking, etc.) it would come back to the commissioners for review.
However, if the modifications did not require commission involvement at the beginning,
it would be handled by staff.
The commissioners discussed Item Number 11. It is suggested to remove the definition
of an apartment hotel and differentiate between hotels and apartments. Commissioner
Lindwall expressed concern about changing definitions while a specific case is ongoing
and suggested addressing residential definitions comprehensively as part of the zoning
rewrite. Chair Rodgers preferred to act now regarding apartment hotels to prevent
issues in the future.
The commissioners considered Item Number 3. They agreed to state the distance for
Transit-Oriented Developments as ⅛ mile from a transit station and ¼ mile from a
transit station along a commercial corridor. Commissioner Lindwell recommended
exploring bus routes and transit further in the comprehensive planning process.
The commissioners considered Item Number 4. The purpose is to resolve any
remaining contradictions between "may" and "shall" regarding the granting of
continuances. They agreed that the aim is to use the “may” language and provide clear
guidelines for granting continuances while ensuring that the decision to grant or deny a
continuance remains.
The commissioners considered Item Numbers 1 and 2. Ms. Ashbaugh briefed that the
standards for sign variations, previously evaluated by the Design and Project Review
Committee, will now be used when evaluated by the Land Use Commission. The
second procedural change would allow businesses to request sign packages for entire
properties and multi-tenant properties. The evaluation of sign variations will focus on
factors such as unique architecture, site layout and hardship. The content-based
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May 24, 2023 Land Use Commission Meeting
directory sign has been removed from the sign code definitions. Additionally, there are
future plans to rewrite the sign code to ensure content neutrality based on property use,
lot size, and building type. Overall, the proposed changes aim to improve the
administration of the sign code and reduce the need for detailed evaluations of sign
variations by the Land Use Commission.
Commissioner Lindwall inquired about the definition of a directory sign. Ms. Asbaugh
said that it is smaller in size and not intended to compete with main signage or be easily
legible from a public right-of-way. The purpose of specifying that it is not legible from a
public right-of-way is to ensure that the sign serves its intended function without
requiring a permit. A suggestion to clarify the definition by adding the phrase "and not
intended to be legible from a public right-of-way" was agreed to.
The commissioners considered Item Number 5. Ms. Klotz briefed that staff is
requesting to expand the Unique Use process to a Unique Adaptive Use process to
apply to any property, not just designated landmark properties. This expansion would
allow non-historic structures, such as older buildings with no landmark designation, to
be adapted and repurposed instead of being demolished. This is particularly beneficial
for properties located in the R1 District where limited options for reuse currently exist.
Commissioner Westerberg raised a concern regarding the proposal to eliminate parking
requirements for adaptive use of buildings. The concern is that if these buildings are
converted into residential structures, there may still be a need for parking. Ms. Klotz
responded that the intent is not to eliminate parking requirements but rather to allow for
flexibility through the Special Use approval process. This would enable a case-by-case
evaluation of the appropriate amount of parking based on the proposed use and the
specific district. Commissioner Mirintchev asked if the proposed change would apply to
all zoning districts and Ms. Klotz confirmed that it would and there was no further
discussion.
The commissioners considered Item Number 6. Ms. Klotz reviewed that the current
Zoning Ordinance does not provide for all curb cut conditions. The ordinance prohibits
new curb cuts in the front yard when alley access is available. However, it does not
account for street side yards where driveways could potentially be constructed. To
address this and promote pedestrian safety, the proposed language extends the
restriction to include street side yards, encouraging the use of alleys. In response to
Commissioner Mirintchev about circular driveways, Ms. Klotz said that no changes are
proposed regarding them. Commissioner Arevalo asked about the case of a corner lot
with two streets. Ms. Klotz responded that if a corner lot without an alley desired two
curb cuts—one on each street—to create a circular driveway spanning both streets, it
would meet the Zoning Ordinance requirements. However, it is unlikely to comply with
Public Works requirements, particularly the distance from the intersection, making it
unlikely to be approved.
The commissioners considered Item Number 7. Ms. Klotz summarized that the current
Zoning Ordinance lacks clarity for non-residential districts about accessory structure
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setbacks and yards. The approach has been to apply the same setbacks as residential
districts, typically five or three feet, unless the setback of the principal structure is even
less. The request is to codify this past policy for clarity. There were no questions.
The commissioners considered Item Number 8. Ms. Klotz explained that the Zoning
Ordinance currently specifies setbacks and yards for open parking but does not include
loading areas. However, it is logical to include loading areas within the same
regulations. Commissioner Westerberg asked about loading berths in larger
developments and Ms. Klotz clarified that the requirement for loading berths will remain
unchanged, but variations or site development allowances can still be requested
through the Planned Development process or other entitlement processes.
The commissioners considered Item Number 9. Ms. Klotz stated that the Zoning
Ordinance has conflicting definitions and yard setbacks for patios and terraces. To
simplify the regulations, it is proposed that terraces at grade be treated as front porches
or patios depending on their location. Patios will be restricted to rear yards, while
terraces will be considered roofed porches. In response to Commissioner Mirintchev
about patio setbacks, Ms. Klotz determined that addressing this issue would require a
significant text amendment to multiple code sections, so it was decided to leave this
issue for the new zoning ordinance update. In response to Commissioner Arevalo
question regarding above grade terraces, Ms. Klotz described that an elevated open
area would meet the definition of a deck and be treated as such. If it served as the
rooftop for a second-story structure, it would follow the setbacks of the principal
structure underneath it.
The commissioners considered Item Number 10. Ms. Klotz summarized that staff is
requesting the establishment of a new use called "mixed-use market" to accommodate
a variety of uses within a single building or location. This type of use has been
successful in larger communities and repurposed industrial buildings in bustling
commercial districts. However, current zoning regulations create challenges as
individual uses may not comply with existing district requirements or may be unique and
not covered by the Zoning Ordinance. The request is to create an overall use category
with some flexibility in regulations, particularly in downtown areas, and moderate
flexibility in neighborhood business and commercial districts. This would address the
need for small businesses, pop-ups, and economic development. The current process
of obtaining individual special uses for each sub-use within a mixed-use market has
proven cumbersome and inefficient. A more streamlined approach is desired to evaluate
the entire facility as a whole and determine its overall appropriateness. Commissioner
Lindwall suggested clarifying the square footage range for the "mixed-use market"
special use category as more than 7,500 square feet and less than 20,000 square feet.
She also inquired about adding freestanding big box spaces and industrial spaces that
might exceed 20,000 square feet in other specific districts. Discussion ensued on how
to update the chart to add those as a special use.
Commissioner Westerberg asked how the different uses within the establishment would
self-regulate and address any potential conflicts or incongruities. Ms. Klotz responded
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May 24, 2023 Land Use Commission Meeting
that the proposed definition of a mixed-use market specifies that most of the sub-uses
must be retail, restaurant, and/or service-oriented in nature. This requirement aims to
maintain a commercial atmosphere and discourage nuisance uses. Chair Rodgers
added that Property Standards would be responsible for addressing any nuisance
issues that arise.
There was no public testimony.
The Chair reviewed the four Standards for Amendments (Section 6-3-4-5) in context of
allowing the text amendments.
1. Whether the proposed amendment is consistent with the goals, objectives and
policies of the Comprehensive General Plan as adopted and amended from time
to time by the City Council: The current Comprehensive General Plan aims for
adaptive reuse so the proposed amendments for mixed-use market areas (10),
Unique Adaptive Use (5), consistent language (4, 6, 7, 8, and 9), and business
impact on neighborhoods (1, 2) meet the standard.
2. Whether the proposed amendment is compatible with the overall character of
existing development in the immediate vicinity of the subject property: The
proposed amendments address various issues and clarifications that have arisen
over time. These changes are not expected to significantly alter the character of
neighborhoods, so the standard is met.
3. Whether the proposed amendment will have an adverse effect on the value of
adjacent properties: The proposed amendments aim to improve conditions on
properties by addressing issues such as signage regulations and consistent
language and expectations, so the standard is met.
4. The adequacy of public facilities and services: No strain is anticipated so the
standard is met.
Commissioner Lindwall made a Motion to recommend approval of the Omnibus
Text Amendment Package, 23PLND-0006, to the Planning & Development
Committee of the City Council, with the following amendments to the proposed
changes:
1. Adjustment to the definition of ‘directory sign’ under Section 6-19-3(C)
2. Clarifying the floor area size range of the new use, ‘mixed -use market’,
allowed in certain zoning districts as either a permitted, special, or
administrative review use.
Second by Commissioner Arevalo. A roll call vote was taken, and the motion
carried 6-0 with 3 absent.
Communications
Ms. Williams thanked Ms. Ashbaugh for her contributions and noted her last day would
be June 9, 2023.
Adjournment
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Commissioner Westerberg motioned to adjourn, Commissioner Lindwall seconded, and
the motion carried, 6-0.
Adjourned 8:52 PM.
The next meeting of the Evanston Land Use Commission is a Special Meeting to be
held on Wednesday, June 28, 2023, at 7:00 PM, in the James C. Lytle Council
Chambers in the Lorraine H. Morton Civic Center.
Respectfully submitted,
Amy Ahner, AICP, Planning Consultant
Reviewed by,
Katie Ashbaugh, AICP, Planner
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