HomeMy WebLinkAboutOrdinance 56-O-26 Approving a Zoning Text Amendment to 6-18-3 Temporary Use - Amended_1 (1) (1) (2)07/27/2026
56-O-26
AN ORDINANCE
Text Amendment Amending Section 6-18-3, “Definitions” to Amend the
Definition of Temporary Use
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 City has initiated a text amendment to Section 6-18-3 of
the Zoning Ordinance (“Code Amendments”) pursuant to Section 6-3-4-6 of the City
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Code, to amend the definition of a temporary use; and
WHEREAS, following due and proper publication of notice in Evanston
Review, a suburban publication of the Chicago Tribune, not less than fifteen (15) nor
more than thirty (30) days prior thereto, on July 8, 2026, the Evanston Land Use
Commission (“LUC”) held a public hearing, regarding case no. 26PLND-0007 to
consider an amendment to the text of Title 6 of the Evanston City Code of 2012, as
amended (the “Zoning Ordinance”), to consider the proposed Code Amendment at
which evidence, testimony, and exhibits in support of the Code Amendment were
presented, and at which interested parties were provided the opportunity to provide
public comment; and
WHEREAS, the LUC received testimony and made written findings
pursuant to Section 6-3-4-5 of the Zoning Ordinance that the proposed amendments
met the Standards for Amendments, and by a vote of five (5) “yays” and zero (0) “nays,”
with four (4) Commissioners absent, recommended City Council approval thereof with
the below findings incorporated into the record:
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 standard is met.
2.Whether the proposed amendment is compatible with the overall character of
existing development in the immediate vicinity of the subject property: The
standard is met.
3.Whether the proposed amendment will have an adverse effect on the value of
adjacent properties: The standard is met.
4.The adequacy of public facilities and services: The standard is met.
WHEREAS, at its meeting of July 27, 2026, the Planning and
Development Committee of the City Council (“P & D Committee”) considered and
adopted the findings and recommendation of the LUC in case no. 26PLND-0007 and
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recommended City Council approval thereof; and
WHEREAS, at its meetings of July 27, 2026 and August 24, 2026, the City
Council considered and adopted the respective records, findings, and recommendations
of the LUC and the P & D Committee, as amended,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: Section 6-18-3 of the Zoning Ordinance, “Definitions” of the
Evanston City Code of 2012, as amended, is hereby amended as follows:
6-18-3. – Definitions.
USE, TEMPORARY: A land use of a duration less than ninety (90) days or as listed,
allowed and regulated in Section 6-4-8-3 of this Title.
TEMPORARY: Any land use of a duration less than ninety (90) consecutive days,
unless otherwise included in Temporary Uses listed in 6-4-8-3.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: 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
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
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SECTION 6: 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: , 2026
Adopted: , 2026
Approved:
, 2026
Daniel Biss, Mayor
Attest:
Stephanie Mendoza, City Clerk
Approved as to form:
Alexandra B. Ruggie, Corporation Counsel
July 27
August 24
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