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HomeMy WebLinkAboutOrdinance 64-O-26 Approving a Text Amendment for Major Accessory Uses_1 (1) (1)9/28/2026 64-O-26 AN ORDINANCE Approving a Text Amendment for “Major Accessory Uses” 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 Ordinance (“Code Amendments”) pursuant to Section 6-3-4-6 of the City Code, to add a definition and regulations for a major accessory use; and Page 1 of 8 64-O-26 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. 26PLND-0052 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 did not meet the Standards for Amendments, and by a vote of six (6) “nays” and two (2) “yays,” with one (1) Commissioner absent, recommended against 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: Not met. The proposed amendment is redundant with existing appeals procedures that already meet the goals of the proposal. There was some Commissioner disagreement, stating it is important for the public to comment before a decision is made rather than after the fact. 2. Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property: Not met. The standard is not met due to the same redundancy argument. There was some Commissioner disagreement, stating major accessory uses should be considered on an individual basis through an open public process. 3. Whether the proposed amendment will have an adverse effect on the value of adjacent properties: Not met. There is already a process in place to control for unforeseen negative consequences. Commissioner disagreement reiterated the need for public consideration of larger accessory uses. 4. The adequacy of public facilities and services: Not applicable. Page 2 of 8 64-O-26 WHEREAS, at its meeting of September 28, 2026, the Planning and Development Committee of the City Council (“P & D Committee”) considered but did not adopt the findings and recommendation of the LUC in case no. 26PLND -0052 and recommended City Council approval thereof; and WHEREAS, at its meetings of September 28, 2026 and October 12, 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: The Evanston City Code of 2012, as amended, is hereby further amended to create Section 6-3-13 “Major Accessory Uses,” as follows: 6-3-13. - MAJOR ACCESSORY USES. 6-3-13-1. – PURPOSE. The purpose of major accessory use is to establish standards for those uses defined as a major accessory use in Chapter 18. Due to their size and potential to create adverse impacts upon the immediate neighborhood and the City as a whole, major accessory uses require a public hearing. 6-3-13-2. – AUTHORITY. The Land Use Commission is authorized to approve, approve with conditions, or deny requested major accessory uses in accordance with the provision of this Section 6-3-13, and other regulations applicable to the district in which the subject property is located. 6-3-13-3. – INITIATION. An application for major accessory use may be filed with the Zoning Administrator by the owner or lessee of the subject property or by any person having a legal or equitable interest in the subject property. Page 3 of 8 64-O-26 6-3-13-4. – FEES. An applicant for a major accessory use shall pay fees in connection with the submittal of the application in accordance with fee schedules adopted, from time to time, by the City Council upon recommendation of the Zoning Administrator. 6-3-13-5. - REVIEW PROCEDURE. Applications for major accessory uses shall be reviewed and decided in accordance with the following procedure: (A) Public Hearing: Upon receipt of a completed application for a major accessory use, or a combined variation application, the Land Use Commission shall hold a public hearing in accordance with its adopted rules and procedures. 1.General Notice of Public Hearing: Notice of the public hearing shall be given by the Land Use Commission by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published within a minimum of fifteen (15) days prior to the hearing date and a maximum of thirty (30) days prior to the hearing date. Such notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any. (B) Mailed Notices Required: The City will provide, through the use of a third party service, by first class mail to all property owners within a five hundred (500) foot radius of the property lines of the subject property, inclusive of public roads, streets, alleys and other public ways from the subject site whose addresses appear on the current tax assessment list as provided by the City. 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. The failure of delivery of such notice, however, shall not invalidate any such hearing. In addition, a sign shall be posted on the property for a minimum of ten (10) working days prior to the public hearing indicating the place, time and date of the hearing. Such notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any. (C) Land Use Commission Decision: Following the close of the public hearing, the Land Use Commission shall either approve, approve with conditions, or deny the application for major accessory use or the combined variation application, except when the application for major accessory use pertains to off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, or townhouse orientation, or when the application for major accessory use pertaining to off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the Page 4 of 8 64-O-26 story provides required parking, or townhouse orientation, is combined with any other variation application; for such exceptions, the Land Use Commission shall make a recommendation of approval, approval with conditions, or denial to the City Council for their consideration. (D) Appeal: Any person adversely affected by decision of the Land Use Commission may appeal the decision to the circuit court. (E) Continued Hearings or Meetings: In the instance a hearing or meeting is continued to a date certain, the date and time of the continued hearing or meeting shall be announced at the time and place of the hearing being continued, and the continued hearing's notice requirements shall be deemed satisfied. If for any reason the continued hearing or meeting date or time needs to be changed, the Zoning Administrator shall, in his or her best effort, provide the public with the new date and time of the continued hearing by: 1.Posting the continued meeting or hearing notice at the Civic Center; and 2.Posting the continued meeting or hearing notice on the City's website. Failure to provide such notice, however, shall not invalidate any such continued hearing or meeting. (F) In the event a quorum is not present for the initial meeting or a continued meeting, a majority of the board or commission members present may reschedule the meeting to a new date and time. No additional mailed or published notices shall be required for meetings continued as provided in Section 6-3-8-10(F). 6-3-13-7. - RIGHTS OF APPLICANTS AND AFFECTED PROPERTY OWNERS AT HEARINGS ON MAJOR ACCESSORY USES. Applicants for major accessory uses and owners of property within a five-hundred (500) foot radius of the subject property, inclusive of public roads, streets, alleys and other public ways, shall have the following rights, in addition to any others they may possess by law, at any hearing before the Land Use Commission: (A) To inspect all documents and material submitted as part of the application for major accessory use prior to the hearing. (B) To reasonably examine all witnesses testifying. (C) To present witnesses on their behalf. (D) Eligible property owners, as set forth above, who wish to object shall, upon written request, be granted one (1) continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearings shall be at the discretion of the Commission. Page 5 of 8 64-O-26 6-3-13-8. - STANDARDS FOR MAJOR ACCESSORY USES. The Land Use Commission shall only approve, approve with conditions, or deny a major accessory use based upon written findings of fact with regard to each of the standards set forth below and, where applicable, any special standards for specific uses set forth in the provisions of a specific zoning district: (A) The use is subordinate to and serves a principal building or principal use (B) The use is subordinate in area, extent, and purpose to a principal building or principal use served (C) The use contributes to the comfort, convenience, or necessity of the occupants, nosiness, or industry of the principal building or principal use served (D) The use is located on the same lot as the principal building or use served (unless expressly authorized by the provisions of the zoning ordinance). (E) The use is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance (F) The use is consistent with the preservation policies set forth in the comprehensive general plan (G) The use will not have an adverse effect on the value of adjacent properties. 6-3-13-9. - CONDITIONS ON MAJOR ACCESSORY USES. The Land Use Commission may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, parking and other matters relating to the purposes and objectives of this Ordinance upon the premises benefited by a major accessory use as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Violation of any such condition or limitation shall be a violation of this Ordinance and shall constitute grounds for revocation of the major accessory use pursuant to Section 6 -3-10-6 of this Chapter. 6-3-13-10. - EFFECT OF APPROVAL OF MAJOR ACCESSORY USES. The approval of a proposed major accessory use by the Land Use Commission shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the regulations of the City, including, but not limited to a building permit or a certificate of occupancy. SECTION 3: Section 6-4-6 of the Zoning Ordinance, “Accessory Uses and Structures” of the Evanston City Code of 2012, as amended, is hereby amended as follows: Page 6 of 8 64-O-26 6-4-6. – ACCESSORY USES AND STRUCTURES. This Section 6-4-6 establishes regulations governing the type, size, character and location of accessory uses (including major accessory uses) and structures. SECTION 4: Section 6-4-6-1 of the Zoning Ordinance, “Authorization” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-4-6-1. – AUTHORIZATION. Subject to the limitations of this Section 6-4-6, accessory uses and structures are permitted in any zoning district in connection with any principal use lawfully existing within such district. Uses otherwise defined by this Code as major accessory uses shall be subject to the procedures in Section 6-3-13. SECTION 5: 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. ACCESSORY USE, MAJOR: A use that is 5,000 square feet or more in size and is: a) is subordinate to and serves a principal building or a principal use, except for a drive- in facility; b) is subordinate in area, extent, and purpose to the principal structure or principal use served; c) contributes to the comfort, convenience, or necessity of the occupants, business, or industry of the principal structure or principal use served; and d) is located on the same lot as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of the Ordinance. 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 Page 7 of 8 64-O-26 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 8 of 8 October 12