HomeMy WebLinkAboutOrdinance 63-O-26 Text Amendment to the Zoning Code Regarding Urban Farms_1 (1) (1)
9/28/2026
63-O-26
AN ORDINANCE
Approving A Text Amendment Relating to Urban Farms
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 the Zoning Code,
Title 6 of the City Code, pursuant to Section 6-3-4-6 of the City Code (the “Code
Amendment”), to adjust definitions of “Urban Farm” and “Urban Farm, Rooftop,” update
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regulations related to Neighborhood Gardens, and create a new section to establish
regulation for Urban Farms; 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 August 26, 2026, the Evanston Land Use
Commission (“LUC”) held a public hearing, regarding case no. 2PLND-0033 to consider
an amendment to the text of 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 eight (8) “yays” and zero (0)
“nays,” with one (1) Commissioner 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 September 14, 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. 2PLND-0033 and
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recommended City Council approval thereof; and
WHEREAS, at its meetings of September 14, 2026 and September 28,
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.
NEIGHBORHOOD
GARDEN:
A principal use that provides space for people to grow plants for non-
commercial purposes, such as beautification, education, recreation, or
harvest, and is managed by a specific person or group responsible for
maintenance and operations.
URBAN FARM: Indoor or outdoor principal use that includes dedicated to growing plant
products for wholesale, or retail sales, or donation. and may include one
(1) or more of the following: washing; packaging; storage. Typical urban
farms may include growing beds, greenhouses, storage and accessory
buildings, and orchards. May incorporate activities such as washing,
packaging, cultivation, harvesting and storage of crops, along with
limited onsite accessory retail sales. Crops may include fresh and dried
herbs, fruits, vegetables, non-food ornamental plants, and limited
compost.
URBAN FARM,
ROOFTOP:
An Urban Farm that includes a rooftop operation. A rooftop operation
that includes growing plant products for wholesale or retail sales and
may include one (1) or more of the following: washing; packaging;
storage. Typical urban rooftop farms may include growing beds,
greenhouses, and orchards.
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SECTION 3: The Zoning Ordinance, Title 6 of the Evanston City Code of
2012, as amended, is hereby amended to add Section 6 -4-14 “Special Regulations
Pertaining to Urban Farms” as follows:
SECTION 6-4-14. – SPECIAL REGULATIONS PERTAINING TO URBAN FARMS
An urban farm is an indoor or outdoor principal use dedicated to growing plant products
for wholesale, retail sale, or donation. Typical urban farms may include growing beds,
greenhouses and hoophouses, storage and accessory buildings, and orchards. May
incorporate activities such as washing, packaging, cultivation, harvesting and storage of
crops, along with limited onsite accessory retail sales. Crops may include fresh and
dried herbs, fruits, vegetables, non-food ornamental plants, and compost. Urban farms
can also be located on rooftops. The following general requirements shall apply to
urban farms:
(A) A fence and accessory structures shall be allowed on -site, provided the
owner or operator first obtains a certificate of zoning compliance or building
permit and the following standards are met:
1. Permitted accessory structures include: sheds, greenhouses and
hoophouses, farmstands, pergola and others upon administrative
approval.
2. Hoophouses or other fabric based shelters, which are not required to
obtain a building permit, shall not be considered accessory buildings.
Hoophouses or other fabric based shelters shall be securely attached to
the ground or roof and designed and constructed to comply with
appropriate standards.
3. The total square footage of all permitted accessory structures and
buildings shall meet the Floor Area Ratio requirements of the underlying
zoning district.
4. Accessory buildings and structures must meet the setbacks of the
underlying zoning district. In the OS District, all accessory buildings and
structures (except for fences) shall adhere to the following yard
requirements:
Front Yard 27-feet; parking
prohibited
Side Yard Abutting a
Street
15-feet, parking
prohibited
Interior Side Yard 10-feet, parking
prohibited
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Rear Yard 25-feet, 5-feet for
parking
5. Fences are required to surround growing areas. Such fences shall be a
maximum of four (4) feet tall and shall have a maximum opacity of fifty
percent (50%). If the property is adjacent to a residential land use, a six (6)
foot-tall sold fence may be permitted along the shared lot line.
(B) Composting of plant material that is grown on site shall be permitted, except
in the required front yard and must be located at least 150 feet from all
residential uses. Setback requirements do not apply for any composting
operations conducted entirely within an enclosed structure. All other
composting is prohibited. The applicant must secure a permit from the Health
Department.
(C) Sales or donations of plants or produce may take place on site at times
predetermined and approved by the Zoning Administrator, and are limited to
sales of plants or produce generated on site.
(D) Urban farms shall be maintained so as not to encourage the harboring of
vermin. Accumulation of weeds and/or rubbish is prohibited.
(E) Rooftop urban gardens: All allowed activities may occur on the roof of a
principal building as a principal use or accessory use. Typical operations
include growing beds and growing trays.
(F) Unless otherwise specifically designated herein, the hours of operation of
urban farms shall be seven o'clock (7:00) A.M. to nine o'clock (9:00) P.M. daily.
City noise ordinances (9-5-20) must be followed during these hours.
SECTION 4: Section 6-4-9 of the Zoning Ordinance, “Neighborhood
Gardens” of the Evanston City Code of 2012, as amended, is hereby amended as
follows:
6-4-9. – NEIGHBORHOOD GARDENS.
A neighborhood garden is a principal use that provides space for people to grow plants
for non-commercial purposes, such as beautification, education, recreation, or harvest,
that is managed by a specific person or group responsible for maintenance and
operations. The following general requirements shall apply to neighborhood gardens:
(A) The person or group responsible for managing the garden shall be
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identified on each required annual application/registration form.
(B) On-site processing and/or storage of plants or plant products are
prohibited.
(C) Outdoor storage of any kind is prohibited.
(D) A fence and one (1) accessory structure for the storage of gardening tools
and supplies, no larger than one hundred twenty (120) square feet in
area, shall be allowed on-site, provided the owner or operator first obtains
a certificate of zoning compliance or building permit for it/them. Any
additional accessory structures or structures larger than one hundred
twenty (120) square feet shall be determined acceptable on a case by
case basis with the application of a building permit.
(E) Composting of plant material that is grown on site shall be permitted,
except in the required front yard. All other composting is prohibited.
(F) No incidental sales of plants or produce shall take place on site.
(G) Neighborhood gardens shall be maintained so as not to encourage the
harboring of vermin. Accumulations of weeds and/or rubbish is prohibited.
(H) Unless otherwise specifically designated herein, the hours of operation of
neighborhood gardens shall be seven o'clock (7:00) A.M. to nine o'clock
(9:00) P.M. daily.
(I) Fencing is not required but is allowed. Such fences shall be a maximum of
four (4) feet tall and shall have a maximum opacity of fifty percent (50%). If
the property is adjacent to a residential land use, a six (6) foot-tall solid fence
may be permitted along the shared lot line.
SECTION 5: Section 6-15-9-3 of the Zoning Ordinance, “Special Uses” of
the Evanston City Code of 2012, as amended, is hereby amended as follows:
6-15-9-3. – SPECIAL USES.
The following special uses shall be permitted in the OS district:
Cemetery (including accessory structures such as, but not limited to: mausoleums,
columbariums, crematories, and chapels).
Neighborhood garden.
Urban farm.
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Zoological garden.
SECTION 6: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 7: 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 8: This ordinance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
SECTION 9: 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
September 28
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October 12