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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 Page 1 of 7 63-O-26 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 Page 2 of 7 63-O-26 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. Page 3 of 7 63-O-26 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 Page 4 of 7 63-O-26 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 Page 5 of 7 63-O-26 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. Page 6 of 7 63-O-26 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 Page 7 of 7 October 12