City of Evanston, WY
Uinta County
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Table of Contents
Table of Contents
A. 
Usable open space is defined as public or private area, including required landscaped yards abutting streets which are free of buildings, structures and other substantial improvements.
B. 
The following examples are listed by way of illustration only to indicate what may be construed as usable open space, in addition to landscaped areas, within the meaning of this section:
(1) 
Outdoor swimming pools, swimming pool areas, hard surface recreational areas and other recreational areas, provided these areas are enclosed, and fences, canopies, bath houses, and accessory structures for recreation use, whether enclosed or unenclosed;
(2) 
Driveways which cross the required yard at approximately right angles and serve less than three parking spaces;
(3) 
Balconies;
(4) 
Private and public courtyards including private patio areas; and
(5) 
Areas left in natural grasses, stands of trees, or creek or reservoir areas.
C. 
The following examples are listed by way of illustration only to indicate what will not be construed as usable open space within the meaning of this section:
(1) 
Public or private rights-of-way for streets or highways;
(2) 
Roofs;
(3) 
Open parking areas;
(4) 
Parking garages;
(5) 
Slopes in excess of fifteen percent unless approved as part of a planned unit development [section 37-506(d)].
A fence, hedge, wall, column, pier, post or any similar type structure, or any combination of such structures, are permitted in the required yards of the various districts, subject to the following conditions and requirements. It is intended that these conditions and requirements shall provide privacy and protection, and screening and accenting of shrubs and landscaping, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles.
A. 
All fences and walls are subject to any applicable regulatory codes adopted by the City.
B. 
It shall be the responsibility of the property owner to locate all property lines.
C. 
No fence, hedge, wall or obstruction shall be placed in a public right-of-way.
D. 
Except as permitted below in subsection E, or as part of a planned unit development, walls or fences shall not exceed six feet in height. Height, including retaining walls or other structures, shall be measured as follows:
(1) 
In required yards abutting a street, height shall be the total effective height measured from the finished grade on the side nearest the street. When in a front yard as defined in this chapter, the fence shall be limited to four feet in height.
(2) 
In other required yards, height shall be the total effective height above the average finished grade measured thirty feet from the uphill side of the fence line.
(3) 
A fence in the visibility triangle, as defined in section 24-23, shall be permitted if it can be seen through (e.g. chain link) and not over four feet in height.
E. 
No barbed, concertina or similar sharp or pointed wire fence, or electrically charged fence, shall be permitted except as follows:
(1) 
Temporary fences on construction sites may be as high as required to protect the property during the period of construction and may have barbed wire where the barbed wire is not less than eight feet above the ground.
(2) 
In the A (agricultural district), barbed wire may be permitted as an internal fence (i.e. not on the periphery of the property) for use to contain livestock.
(3) 
In the I (industrial) district, in addition to those fences permitted in required yards, fences and walls may be permitted in accordance with the height and setback of structures as set forth in section 24-16. When set back at least twelve feet from the property line, fences may also have up to three strands of ordinary barbed wire where it is not less than eight feet above the ground.
A. 
Where a driveway intersects a public right-of-way or where property abuts the intersection of two public rights-of way, all landscaping, structures or fences within the corner triangle (defined in paragraph C of this section) shall be erected or maintained to provide unobstructed cross-visibility.
B. 
All shrubs, fences or walls, except as permitted in section 24-22D(3), located within these triangular areas shall be maintained at a height not to exceed thirty inches above the sidewalk grade. Trees may be planted and maintained in this area if all branches are trimmed to maintain a clear vision for a vertical height of eight feet above the roadway surface. No landscaping except required grass or ground cover may be located closer than three feet from the edge of accessway pavement.
C. 
For purposes of this section, the triangular area is:
(1) 
The area formed at a corner intersection of a public right-of-way and a private driveway, whose two sides are fifteen feet, measured along the right-of-way line of the street and the edge of driveway, and whose third side is a line connecting the two sides, or
(2) 
The area formed at a corner intersection of two public right-of-way lines, whose two sides are thirty feet, measured along the intersection right-of-way lines, and whose third side is a line connecting the two sides.
No structure or building shall be constructed or maintained in a required setback except for (1) balconies, patios or decks less than thirty inches in height; (2) fireplaces; (3) a maximum of thirty inches of roof overhang; or (4) fences as permitted in section 24-22. Except for fences, in no case shall the structures mentioned herein project closer than three feet to a property line.
A. 
Any outdoor illumination shall comply with the following conditions:
(1) 
All roadway, parking lot, and walkway luminaires shall be designed or retrofitted with shielding in a manner such that no luminous flux is emitted at any angle at or above the horizontal. Shielding must prevent beams or rays of light from shining directly onto surrounding residential areas.
(2) 
All exterior building floodlighting shall be designed or retrofitted with shielding in a manner such that all the luminous flux falls upon either the surface of the structure to be illuminated thereby or the ground.
(3) 
All stadium and all other exterior sports arena luminaires used for the purpose of illumination of the playing area shall be extinguished by 10:00 p.m. or immediately after the conclusion of the final event of the day. The remainder of the facility lighting, except for reasons of security, shall be extinguished at 10:00 p.m. or within one hour after the event. For reasons of security, a maximum average level of five footcandles at entrances and one footcandle on the rest of the structure shall be permitted.
(4) 
No outdoor illumination shall be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares, including:
(a) 
Any fixed luminaire not designed for roadway illumination that produces incident or reflected luminous flux that could be disturbing to the operators of motor vehicles;
(b) 
Any luminaire that may be confused with or construed as a traffic control device; or
(c) 
Any blinking, flashing or changing intensity lights, except for temporary holiday displays.
B. 
No person shall install, illuminate or maintain any beacons or search lights, except upon securing a permit from the planning department for a period not to exceed ten days.
[Amended by Ord. 98-11; Ord. No. 03-13]
A. 
In all zoning districts, except for community business, highway business, regional business, and the industrial districts, accessory buildings shall comply with the following conditions and restrictions:
(1) 
The size of any accessory building shall not exceed sixty percent of the square foot size of the principal building's footprint on a lot or parcel and the total size of all accessory buildings on a lot or parcel shall not exceed seventy-five percent of the square foot size of the principal building's footprint.
(2) 
Any accessory building larger than one hundred twenty square feet:
(a) 
Shall not be constructed with exterior metal siding except for aluminum or steel siding which is typically used in residential construction.
(b) 
The exterior siding and roof of such accessory building shall be compatible with the exterior siding and roof of the principal building, as approved by the planning and engineering departments.
B. 
In community business, highway business, regional business, and industrial zoning districts, no accessory building shall cover more than ten percent of the lot area, nor shall the total of all accessory buildings on a lot or parcel cover more than twenty percent of the subject lot or parcel area.
C. 
A person may request that an exception to the size limitations set for accessory buildings in subsections A(1) and B be granted by applying for a conditional use permit pursuant to Articles II and V of Chapter 24 of the City Code.
[Amended 8-5-2008 by Ord. No. 08-04]
A. 
A "household animal" is defined to include animals other than livestock and farm animals as defined in Subsections B and C below.
B. 
"Livestock" is defined to mean a horse, pony, mule, donkey, llama, alpaca, sheep, cow, buffalo, goat, swine and similar type animal.
C. 
A "farm animal" is defined to mean a chicken, goose, duck, turkey, pigeon, peacock and similar type animal.
D. 
The keeping of horses, ponies, mules, donkeys, llamas and alpacas is permitted within the Rural Residential Zones of the City. The keeping of all types of livestock is permitted within the Agricultural Zones and Open Space Zones of the City. Except as provided herein, the keeping of livestock within the corporate City limits is prohibited.
E. 
In any zone where the keeping of livestock is permitted, the number of livestock shall be limited to one animal per acre. When determining the number of animals, a female animal and newborn shall be considered one animal until such time as the newborn is weaned or six months, whichever comes first. Thereafter, the pair shall be considered two animals.
F. 
Commercial feed lots are prohibited in all of the City zoning districts.
[Added by Ord. No. 94-29]
Miniature horses are permitted in agricultural zones. The keeping of miniature horses is permitted in all residential zones upon the owner obtaining a conditional use permit in compliance with the City code. In any zone, the number of animals shall be limited to one animal for each five thousand square feet of open area devoted to the animal.
A. 
A person desiring to keep a miniature horse in a residential zone shall obtain a conditional use permit in accordance with the provisions of Article V of Chapter 24 of the Evanston City Code and shall comply with requirements set forth below:
(1) 
The area used for the keeping of animals shall be fenced with either chain link, field fence, new lumber post and rail or other type as approved by the planning and zoning commission, not exceeding six feet in height.
(2) 
The permittee shall reside on or adjacent to the property on which the animals shall be kept.
(3) 
The animal shall be registered as a Class A miniature horse.
B. 
All persons keeping a miniature horse within the corporate City limits shall comply with the requirements set forth below:
(1) 
Remove animal waste as required by Chapter 5 of the Evanston City Code and maintain the property in a way which will not cause a nuisance in violation of Chapter 14 of the Evanston City Code.
(2) 
Obtain a miniature horse permit, renewable July 1st of each year, and therein designate the number, and the location of the miniature horses. The permit fee shall be set by the governing body in the annual budget resolution.
C. 
When determining the number of animals, a female animal and newborn shall be considered one animal until such time as the newborn is weaned or six months, whichever comes first. After this period, the pair shall be considered two animals.
D. 
Any person violating this section shall be guilty of a misdemeanor, punishable by a fine or imprisonment as set forth in § 1-5.
Outdoor swimming pools may be permitted in any zone district as an accessory use subject to the following additional requirements:
A. 
No public or private swimming pool may be located in any required front yard or side yard abutting a street;
B. 
Every swimming pool must be completely surrounded by a fence or wall not less than seventy-two inches in height with no openings large enough to permit children to pass through, other than gates or doors that can be fastened to protect against entry. A dwelling house or accessory building may be used as part of such required enclosure;
C. 
All gates or doors opening through any enclosures must be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use.
[Amended 3-15-2011 by Ord. No. 11-01]
A. 
Single-unit dwellings. The renting of rooms to one or two persons, not members of the family in the same single-unit dwelling, may be permitted as an accessory use subject to securing a conditional use permit and provided the following conditions are met:
(1) 
Quarters used by the roomers must not be more than one-third of the total floor area of the dwelling unit;
(2) 
The dwelling unit must have only one electric meter; and
(3) 
Where the renting of rooms is to two roomers, at least one additional off-street parking space must be provided.
B. 
Multi-unit dwellings. The renting of rooms to one or two persons, not members of family residing in the multi-unit dwelling, may be permitted as an accessory use subject to securing a conditional use permit.
Trash storage for multi-unit dwellings and all business and industrial buildings or uses shall be accommodated within the structure, or adequate area shall be set aside for such trash storage within the building or site plan. All outdoor trash storage and containers shall be placed on a hard surface such as concrete and shall be aesthetically screened by a permanent fence, wall, landscaping or other appropriate material.
The City council hereby declares that the unregulated placement and erection of buildings more than thirty-five feet in height may be detrimental to the proper development and orderly growth of the City and contrary to the public health, safety, and welfare. Therefore, the City council finds that the general height restriction, the review of proposed buildings to exceed the general height restriction and the regulatory provisions of this article will protect, preserve and promote the orderly growth and development of the City and the public health, safety and welfare by:
A. 
Review of buildings that are proposed to exceed the general height restriction to ensure the safety and adequacy of the public facilities including streets, police and fire protection and water and sewer utilities serving the increased demands created by the proposed building;
B. 
Providing that the structures which exceed thirty-five feet in height will be in close proximity to facilities and services appropriate to the nature of the structure's occupancy and use;
C. 
Providing, by design review and open space requirements, that adequate light and air will ensure to surrounding properties and that the proposed building will not interfere with light and air of the community at large;
D. 
Providing, by design review, for flexibility as to the expansion of certain buildings incident to their rehabilitation or preservation;
E. 
Encouraging the utilization of land area for pedestrian oriented occupants and users (e.g. elderly persons) without overcrowding the land;
F. 
Promoting the development of land and property in conformity with the City's comprehensive and long-range planning;
G. 
Protecting and maintaining the integrity and character of surrounding neighborhoods;
H. 
Providing for review to assure additional firefighting equipment needs are not required at an expense to the City's residents;
I. 
Conserving and enhancing property values;
J. 
Providing for property development that is compatible with the community.
A. 
For purposes of this section, the term "appurtenances" shall mean all items of construction normally carried above the roof level of a building, and shall include, but not be limited to, the following: mechanical penthouses, ventilators, skylights, parapet walls, cornices without windows, commercial and private antennas, chimneys, domes, church spires, belfries, cupolas and silos.
B. 
Residential Zones.
(1) 
The maximum building height shall be thirty-five feet.
(2) 
Addition to building of unoccupied appurtenances:
(a) 
Where the addition of the appurtenances does not cause the building height to exceed thirty-five feet (considering, for this purpose only, the uppermost point of the appurtenance to be the uppermost point of the roof): the addition shall be permitted.
(b) 
Where the addition of appurtenances cause building height to exceed thirty-five feet (considering, for this purpose only, the uppermost point of the appurtenance to be the uppermost point of the roof):
[1] 
All appurtenances other than private television antennas, solar collectors and chimneys may be permitted by the planning department when not inconsistent with the purposes and standards of this article, but in no event shall such appurtenances exceed sixteen feet in height and take up more than twenty-five percent of the roof area, provided, however, no unscreened mechanical equipment shall be permitted.
C. 
All Zones other than Residential.
(1) 
Building height:
(a) 
Buildings up to, and including, thirty-five feet are permitted provided that for buildings twenty-five to thirty-five feet in height usable open space is at least ten percent of the lot, or as required by the applicable bulk requirements in Article III, whichever is greater.
(b) 
Buildings in excess of thirty-five feet and up to, and including, sixty-five feet: may be permitted with a conditional use permit obtained in accordance with Article II.
(c) 
Maximum building height shall be sixty-five feet.
(2) 
Addition to building of unoccupied appurtenances:
(a) 
Where the building height does not exceed thirty-five feet, and where addition of the appurtenance would not cause the building height to exceed thirty-five feet (considering, for this purpose only, the uppermost point of the appurtenance to be the uppermost point of the roof): the addition is permitted.
(b) 
Where the building height does not exceed thirty-five feet, but addition of appurtenance causes building height to exceed thirty-five feet (considering, for this purpose only, the uppermost point of the appurtenance to be the uppermost point of the roof);
[1] 
All appurtenances other than chimneys, solar collectors, church spires and private television antennas may be permitted by the planning department when not inconsistent with the purposes and standards of this article, but in no event shall such appurtenances exceed sixteen feet in height and take up more than twenty-five percent of the roof area; provided, however, that no unscreened mechanical equipment shall be permitted.
[2] 
Chimneys, church spires, solar collectors and private television antennas are permitted but in no event may exceed sixteen feet in height and take up more than twenty-five percent of the roof area.
(c) 
Where the building height exceed thirty-five feet: the addition may be permitted by the planning department when not inconsistent with the purposes and standards of this article, but in no event may the addition exceed sixteen feet in height and take up more than twenty-five percent of the roof area, provided, however, no unscreened mechanical equipment shall be permitted.
D. 
Windmills. Windmills for generation of electrical power are permitted in all zones as accessory uses, as a principal use if equal to or less than thirty-five feet in height or on the roof of a building as an appurtenance subject to the limitations of appurtenances as described in subsections B and C of this section.
[Added by Ord. No. 92-19]
A. 
Definitions. The following definitions shall apply to the interpretation and enforcement of Section 24-32.1 of this Code:
ANTENNA
The arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves;
ANTENNA SUPPORT STRUCTURE
Any structure, mast, pole, tripod or tower, more than twelve feet in height, utilized for the purpose of supporting an antenna or antennas for the purpose of transmission or reception of electromagnetic waves by federally licensed amateur radio.
B. 
Permit Required. It is unlawful for any person to install, construct or increase the height of any antenna support structure without first obtaining a building permit, except that no permit shall be required if the height of the antenna support structure (excluding the height of any building to which the antenna support structure is attached) is less than twelve feet.
C. 
Application. Application for a building permit shall be made upon such forms requested by the City and shall have attached thereto the following items:
(1) 
A site plan of the property, accurately showing lot dimensions, property owners of adjacent properties, location of all buildings, any additional structures, and detailed location of the antenna support structure, including foundation and guys, if any. Also a vertical sketch plan for the same;
(2) 
A permit fee in the amount set by the budget resolution shall be paid for each antenna support structure.
D. 
Construction Requirements.
(1) 
Structural. All antenna support structures shall be constructed of materials suitable to withstand a design force of dead load, live load, snow, ice, wind and seismic. Load combinations shall be evaluated as set forth in the Uniform Building Code. When considering snow and ice, one-half inch of snow or ice shall be assumed for live load;
(2) 
Electrical. All antenna support structures, whether ground or roof-mounted, shall be grounded. Grounding shall be in accordance with the provisions of the National Electrical Code;
(3) 
The foundation will be inspected prior to pouring concrete and a final inspection will be conducted when installation is complete;
(4) 
Detailed design drawing for the structure and foundation including anchors. Drawings shall be the tower manufacturers engineered drawings including official title block with engineer approval and date. In lieu of the aforementioned manufacturer's drawings, drawings will be prepared and stamped by an engineer registered with the state of Wyoming. Such design shall meet or exceed requirements of the Uniform Building Code.
E. 
Restrictions.
(1) 
No antenna shall protrude in any manner upon the adjoining property without a recorded easement, and no antenna shall protrude upon the public right-of-way;
(2) 
Ground-mounted antenna support structures may be erected only in the rear or interior side yard.
(3) 
There may be no more than one roof or ground-mounted antenna support structure unless approved by a conditional use permit.
(4) 
No antenna support structure, whether roof or ground-mounted, shall exceed a maximum height of sixty-five feet, unless a height variance is granted. If roof-mounted, the maximum height of the antenna support structure includes the building and the support structure.
F. 
Exemptions. This section shall not affect any existing antenna support structure, utilized by federally licensed amateur radio or federally authorized citizens radio service stations, which has been constructed and which is in place prior to the date of passage of the ordinance codified in this section.
[Amended by Ord. No. 98-6]
A. 
Definitions. The following definitions shall apply to the interpretation and enforcement of this section.
AIRPORT
Evanston-Uinta County Airport, also known as Burn's Field.
AIRPORT ELEVATION
The highest point of the airport's usable landing area measured in feet from sea level; seven thousand one hundred sixty-eight feet.
APPROACH SURFACE
A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
APPROACH, TRANSITION AND HORIZONTAL HEIGHTS RESTRICTION ZONES
Set forth in subsection C of this section.
CONICAL SURFACE
A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one for a horizontal distance of four thousand feet.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HEIGHT
For the purpose of determining height limits, the datum shall be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE
A horizontal place one hundred fifty feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
NONPRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned. The Evanston-Uinta County Airport has a nonprecision instrument runway for straight-in on runway 23 and circling on runways 5 and 23.
NONCONFORMING USE
Any existing structure, object of natural growth, or use of land which is inconsistent with the provisions of the airport protection district.
OBSTRUCTION
Any structure, growth, or other object, including a mobile object, which exceeds the height limitation of the airport protection district.
PERSON
An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.
PRIMARY SURFACE
A surface longitudinally centered on the runway. The primary surface extends two hundred feet beyond each end of the runway. The width of the primary surface is five hundred feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
RUNWAY
A defined area on an airport prepared for landing and take-off of aircraft along its length.
STRUCTURE
An object, including a mobile object, constructed or installed by man, including buildings, towers, cranes, smokestacks, earth formation, overhead transmission lines, and similar objects.
TRANSITIONAL SURFACES
These surfaces extend outward at ninety degree angles to the runway centerline, and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces, to a point of intersection with the horizontal surfaces.
TREE
Any object of natural growth.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using visual approach procedures.
B. 
Airport Protection District. There is created an airport protection district which boundaries are defined and fully set forth in the airport overlay map dated February 28, 1998, which is incorporated in the ordinance codified in this section. The airport overlay map shall be maintained and made available for public inspection by the planning department. The airport overlay map shall set forth the location of the airport and runway, horizontal surface, transitional surface, approach surface, conical surface and the geographic area of the City located within the horizontal and conical surfaces of the airport.
C. 
Airport Zones. There are created and established certain airport zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the City. Such zones are shown on the airport overlay map. The airport zones are established and defined as follows:
(1) 
Runway larger than utility with a visibility minimum greater than three-fourths mile nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet wide. The approach zone expands outward uniformly to a width of three thousand five hundred feet at a horizontal distance of ten thousand feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(2) 
Transitional zones. The transitional zones are the areas beneath the transitional surfaces.
(3) 
Horizontal zone. The horizontal zone is established by swinging arcs of ten thousand feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
D. 
Height Limitations. No structure shall be erected, altered or maintained, and no tree shall be allowed to grow in the following zones to a height in excess of the applicable height limit herein established for such zone. Such height limitations are established for each of the zones in question as follows:
(1) 
Runway larger than utility with a visibility minimum greater than three-fourths mile nonprecision instrument approach zone. Slopes thirty-four feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand feet along the extended runway centerline.
(2) 
Transitional zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of seven thousand three hundred eighteen feet above mean sea level.
(3) 
Horizontal zone. Established at one hundred fifty feet above the airport elevation or at a height of seven thousand three hundred eighteen feet above mean sea level.
(4) 
Conical zone. Slopes twenty feet outward for each foot upward beginning at the periphery of the horizontal zone at one hundred fifty feet above the airport elevation and extending to a height of three hundred fifty feet above the airport elevation.
E. 
Use Restrictions. No use shall be made of land or water within the airport protection district which may create electrical interference with navigational signals or radio communication between the airport and aircraft; make it difficult for pilots to distinguish between airport lights and other lights, which may result in visual glare for pilots using the airport; impair visibility in the vicinity of the airport; create bird strike hazards; or endanger or interfere with the landing, take-off, or maneuvering of aircraft intending to use the airport.
F. 
Nonconforming Uses. The owner of any existing nonconforming structure or tree shall permit the installation, operation and maintenance of markers and lights as deemed necessary by the airport board to indicate to aircraft operators in the vicinity of the airport, the presence of an obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the owner.
G. 
Future Uses. Any existing and future use of land within the airport protection district shall comply with the schedule of permitted land uses for the applicable zoning district. A change in land use or height exception shall be reviewed pursuant to applicable City codes, and height limitations for the airport protection district. The airport board shall offer advice and recommendations to the City planning and zoning commission/board of adjustment, and Evanston City council, regarding land use changes, height exceptions and variance applications for property within the airport protection district.
[Amended by Ord. No. 95-16]
Applications for building heights which exceed those permitted by section 24-16, or fence heights which exceed those permitted by section 24-22 shall be made, reviewed and approved following the conditional use procedures of Article II, except such parts thereof as are clearly inapplicable. The posting of the property required by Article II shall recite "Height Exception Applied For." The standards and requirements of both Article II, as applicable, and this article shall apply.
A. 
Except as provided in subsection B of this section, buildings proposed to exceed thirty-five feet in height shall have as usable open space (as defined in section 24-21) at least fifteen percent of the lot or as required by the applicable bulk requirements in section 24-16, whichever is greater.
B. 
When the planning and zoning commission or City council determines that preservation and/or rehabilitation of a building is in the public interest and a height exception is necessary to effect such preservation or rehabilitation, the open space requirements may be modified in conjunction with a design review under Article V.
The review of any application for a building height exception shall include the following considerations, in addition to the standards and requirements of conditional uses specified in Articles II and V of this chapter:
A. 
The geographical position and possible visual effects on existing structures or established district;
B. 
Potential problems on neighboring sites caused by shadows, loss of air circulation, or closing of the view;
C. 
The influence on the general vicinity, including contrast with existing buildings and structures, streets, traffic circulation conditions and adjacent open space;
D. 
Appropriateness of the uses within the building;
E. 
Landscaping and physical separators that may be proposed to buffer the site from adjacent uses;
F. 
The relationship of the building to open space, location of parking, pedestrian movement, circulation and buildings on adjacent properties;
G. 
The proximity and adequacy of all public facilities, including vehicular and pedestrian traffic carriers, parking, water and sewer utilities, fire protection, and other safety protection measures;
H. 
The side yards between buildings and adjacent to streets and alleys and their relationship to pedestrian movement and open space;
I. 
The sideyards between buildings which exceed thirty-five feet should approximately equal the average of the combined height of the subject buildings.
[Amended by Ord. No. 85-7; 7-20-2004 by Ord. No. 04-09; 4-4-2006 by Ord. No. 06-03]
A. 
Purpose.
(1) 
The purpose of landscaping requirements is to provide information and details which will enable property to be landscaped in a reasonable manner. There is an economic and aesthetic value to landscaped areas. Plant materials add value to property. Attractive, well-designed landscaped areas enhance the appearance of property. Landscaping impacts the physical environment through microclimatic considerations such as humidity, shade, and cooling. Landscaping impacts the sensory environment through visual and olfactory considerations. Plant materials absorb carbon dioxide and release oxygen, filter dust and dirt particles from the air, function as buffers for noise and visual considerations, and provide habitat for wildlife.
(2) 
The Evanston area is part of an arid, high-desert region. Water conservation, drought-tolerant plant materials, the use of non-living materials, and xeriscaping are important considerations. Xeriscaping is the practice of water and energy conservation through good planning and design that offers practical lawn areas, provides for efficient irrigation, improves soil, encourages the use of mulches and low-water-demand plants, and employs wise maintenance practices.
(3) 
Landscaping requirements promote these practices and the maintenance of landscaped areas. Well-designed landscaped areas following the requirements of this section will promote the general welfare of the community.
B. 
General requirements.
(1) 
Residential land uses, not reviewed under planned unit development procedures or reviewed as a single-family attached or a multifamily development with more than two dwelling units, are exempt from the provisions of this section.
(2) 
Applications for the development of land for all other land uses shall meet the requirements of this section unless otherwise noted.
(3) 
All refuse collection areas associated with development applications shall be buffered or screened from streets, alleys, and adjacent properties as outlined in this section.
(4) 
Commercial and industrial uses shall be separated from adjacent residential, public, and open space uses by buffering/screening methods as outlined in this section.
(5) 
All development shall meet the requirements for landscaped front yard and street side yard setback areas as outlined in § 24-16. In addition, the front yard and street side yard of a lot or parcel shall include landscaping from the property line to the street.
C. 
Landscape standards.
(1) 
Plant material shall be provided in the following quantities.
(a) 
For all zoning districts, including nonresidential uses in residential zoning districts, one tree is required per two thousand (2,000) square feet of property defined by setback areas.
(b) 
For all public and private usable open space areas in planned unit developments, one tree is required per two thousand (2,000) square feet of open space area. Not more than fifty (50) percent of open space areas shall be covered with a hard surface unless approved by the Planning and Zoning Commission through the conditional use permit process.
(c) 
A median in a public or private street shall be landscaped using a combination of living and non-living landscape materials.
(d) 
Except as otherwise noted in this section, at least seventy (70) percent of landscaped areas created to meet the requirements of this section shall be landscaped with living plant materials such as grass, wildflowers, perennials, groundcover, or shrub plantings. Plant material used for groundcover and shrub plantings shall be spaced to cover at least half of this area when mature. Exceptions to this provision may be reviewed by the Planning and Zoning Commission through the conditional use permit process.
(e) 
For industrial developments, at least fifty (50) percent of landscaped areas created to meet the requirements of this section shall be landscaped with living plant materials such as grass, wildflowers, perennials, groundcover, or shrub plantings. Plant materials used for groundcover and shrub plantings shall be spaced to cover at least half of this area when mature. Exceptions to this provision may be reviewed by the Planning and Zoning Commission through the conditional use permit process.
(f) 
Remaining required landscaped areas not landscaped with living plant materials shall be landscaped with non-living landscape materials, including but not limited to bark, gravel, rock, decorative integrally colored stamped concrete, brick, landscape pavers, and other similar materials.
(g) 
Artificial grass may be used in required landscaped areas but shall not exceed seventy (70) percent of this area. The remaining area may include living or non-living materials.
(2) 
Sizes.
(a) 
All plant materials shall meet the following conditions:
[1] 
Deciduous trees shall be a minimum of two inches in caliper measured six inches above finished grade.
[2] 
Coniferous trees shall be a minimum of six (6) feet in height.
[3] 
Shrubs shall be a minimum of five (5) gallons in size.
[4] 
Ground covers shall be planted from flats.
(b) 
Landscaped areas shall be a minimum of five (5) feet wide.
(c) 
Trees planted in hard surface areas shall be planted in tree pits a minimum of four (4) feet by four (4) feet. Tree grates shall be required in areas of concentrated pedestrian use.
(3) 
Landscape materials.
(a) 
No artificial trees, shrub or synthetic ground cover shall be permitted, except for artificial grass as set forth in this section.
(b) 
Plant materials specified in the landscape plan shall be suitable to the local climate.
(c) 
If wood mulch is used in shrub bed and tree pit areas, the mulch shall be a minimum of three inches in depth.
(d) 
If landscape rock is used is shrub bed and tree pit areas, the rock shall have a five ounce per square yard weed barrier landscape fabric or equivalent installed under the rock area.
(4) 
Irrigation.
(a) 
Unless specified herein, all required landscape areas shall include an automatic irrigation system. Manual watering of required landscape areas may be allowed for areas up to one thousand (1,000) square feet in size.
(b) 
Irrigation plans shall be designed to conserve water and respond to local soil and climatic conditions.
(c) 
Irrigation plans shall be drawn to scale and shall provide the information required by the Planning office.
(d) 
Acceptable irrigation systems shall include one or any combination of the following: rotor, spray, impact sprinklers, bubblers, and drip irrigation.
(e) 
In areas protected from the wind, sprinkler heads shall be spaced no more than 60% of the diameter spray of the nozzle. In areas exposed to high wind conditions, sprinkler heads shall be spaced no more than 50% of the diameter spray of the nozzle.
(5) 
Buffering/screening methods.
(a) 
The following are acceptable methods of buffering and screening.
[1] 
A landscaped area shall be a minimum of ten (10) feet wide. This area shall be planted with coniferous and deciduous trees which will have sufficient mass and height when mature to reduce noise, light, and sight between properties.
[2] 
A raised earth berm in combination with plant materials as described above.
[3] 
A six (6) foot high fence or wall in combination with plant materials as described above. Fence or wall materials shall include but are not limited to wood, vinyl, recycled plastic, brick, decorative concrete, or similar material.
[4] 
A solid six (6) foot high fence or wall. Materials shall include but are not limited to wood, vinyl, recycled plastic, brick, decorative concrete, or similar material.
(b) 
Chain link fencing shall not be used for buffering or screening.
D. 
Maintenance. For occupied or unoccupied properties, reasonable care shall be exercised by the property owner, tenant(s), contracted landscape service, or property management service, to maintain all landscaped areas in the same or similar condition that existed at the time landscaped areas were constructed. Reasonable care means promoting a healthy weed-free environment for optimal plant growth. Dead or dying plant materials shall be replaced. Irrigation systems shall be kept in a good operating condition in order to maintain healthy landscaping and to conserve water. Landscaped areas that are not maintained shall constitute a nuisance as defined in Chapter 14 of the Evanston City Code.
E. 
Nonconforming properties. There are properties in the community that do not meet the requirements of this section. These properties may continue in this condition. The requirements of this section shall not apply when a change in ownership, a change in tenancy, or a change in use occur to the property. These requirements shall not apply when interior or exterior remodeling of the building occurs. These requirements shall only apply when a building addition is constructed that exceeds 50% of the size of the existing building; when site reconstruction occurs to more than 50% of the existing property; and when abutting property is developed for expansion of the use.
Any land within the corporate limits of the City or within one-half mile thereof that is without a zoning designation shall be considered to be zoned A-E (agricultural-established) and subject to all controls of that district.
A. 
Purpose and Intent. It is the purpose of this section to establish regulations which recognize that development of land in hilly or mountainous areas involves special considerations and unique situations which result from the slope of the land. These special considerations and unique situations include, but are not limited to, increased hazards to development from rock falls, stormwater runoff, geologic hazards, increased limitations on vehicular travel and increased difficulties in providing public services. In addition, steeply sloped lands introduce design limitations concerning roadways, cuts and fills and building sites. In general, the more steeply the land slopes, the greater the potential hazard and development limitation. Additionally, since hilly or mountainous areas within the City offer a desirable setting, visible to the entire City, they are a unique natural asset. It is intended through these regulations to preserve the visual integrity and character of hillside areas, while allowing reasonable development which is both safe and functional.
B. 
In General.
(1) 
In all zoning districts, wherever the natural terrain of any lot or parcel or any portion thereof has a slope of fifteen percent or greater, that lot or parcel or that portion of the lot or parcel shall be considered to be in a hillside development area. The hillside development area shall commence at the midpoint of the one-hundred foot horizontal dimensions used to determine the slope as illustrated by Figure 1, on file in the planning department.
(2) 
Development of land in any zoning district within a hillside development area shall also be regulated by the provisions of Part 6, Chapter 7 of this code.
C. 
Yard, height, area coverage and density requirements for single-family residential development in the hillside development area in any zoning district shall be as follows:
(1) 
The maximum number of lots into which a hillside development area may be subdivided shall be the sum of the number of lots allowed by the zoning district or the sum of the number of lots allowed in each category of land as shown by the following table, whichever is less.
Slope of Land
Maximum Number of
Lots per Gross Acre
2.0
15% to 19.9%
1.5
20% to 24.9%
1.0
25% to 29.9%
.7
30% to 34.9%
.5
35% and over
(a) 
There shall be no more lots created than permitted by the slope category, except where approved as part of a PUD, lots from a higher slope category may be placed in a lower slope category so long as the number of lots in the hillside development area shall not exceed the sum of the lots permitted in each slope category.
(b) 
The following method shall be used to calculate the number of acres in each slope category:
[1] 
Those locations where slopes of fifteen percent, twenty percent, twenty-five percent, thirty-five percent are determined by application of one-hundred foot straight lines;
[2] 
The midpoints of each series of one-hundred-foot lines of the same slope category are then connected to establish the limits of that slope category;
[3] 
The areas resulting between each series of straight lines are measured to determine the acres in each slope category.
Figure 2, on file in the planning department, illustrates the method used in calculating the slope categories.
(c) 
The topographic map used to determine the slope categories shall be a scale of one inch = one hundred feet or less and shall contain contours at two-foot intervals.
(d) 
Application for slope category determinations shall be made to the planning department. If the application meets the criteria of this section, the City shall accept an applicant's slope category analysis. If the analysis is not acceptable, the applicant may accept either a slope category analysis by City staff, or he may add any number of additional one-hundred-foot lines to the staff analysis for a more precise determination of the slope category.
(2) 
No lot containing a hillside development area shall hereafter be subdivided to provide less than fifteen thousand square feet, have a width of less than one hundred twenty feet, nor a depth of less than one hundred twenty feet. Lot areas of more than fifteen thousand square feet may be required in order to provide a suitable building site meeting the grading standards of this code. In no case shall residential lots contain an area less than the minimum area required by the zoning district in which such lots are located;
(3) 
Front and rear yards shall be as required by the zoning district in which the property is located;
(4) 
Side yards shall be as required by the zoning district of the lot or ten feet, whichever is greater;
(5) 
The main building and all accessory buildings on a parcel shall not occupy more than twenty-five percent of the land;
(6) 
The total area of all grading including all cuts and fills and those areas required for driveways, recreation courts, patios, and similar uses shall not exceed twenty percent of the hillside area of the lot or PUD site.
(7) 
All excavated material shall be removed from the premises, maintained behind retaining walls or landscaped so that the slopes of any fill material will not be visible from any public street or private accessway.
(8) 
Retaining walls on the downhill side of the lots shall not be higher than six feet at the property line; any additional retaining walls shall be set back from the first wall a minimum distance of one foot horizontally for every one foot in height above the first wall. The area between stepped retaining walls shall be landscaped with screening plant material and an appropriate watering system provided. The landscaped areas between the retaining wall shall not be included in the total graded area allowed. Retaining walls shall be used for the purpose of containing fill material or for minimizing cut or fill slopes. They shall not be used to terrace or otherwise alter natural terrain.
(9) 
No building shall exceed a height of two and one-half stories, but in no event exceed thirty-five feet above the natural grade at any section through the structure.
D. 
Special yard, height, area coverage and density requirements for multifamily and planned unit developments in the hillside development area in any zoning district shall be permitted as follows:
(1) 
The maximum number of dwelling units permitted on any lot or parcel of land shall be the sum of the number of dwelling units allowed by the zoning district or the sum of the number of dwelling units allowed in each category of land as shown by the following table, whichever is the lesser number:
Slope of Land
Maximum Number of Dwelling
Units Per Gross Acre
2.0
15% to 19.9%
1.5
20% to 24.9%
1.0
25% to 29.9%
.7
30% to 34.9%
.5
35% and over
(a) 
There shall be no more units constructed than permitted by the slope category except where approved as a PUD. Units from a higher slope category may be placed in a lower slope category so long as the number of units in the hillside development area shall not exceed the sum of the lots permitted in each slope category.
(b) 
Calculation of the number of acres in each slope category shall be computed as set forth in subsection B(1) of this section.
(2) 
There shall be a front and rear yard, each having a depth of not less than thirty feet, measured from the exterior boundaries of the site. For buildings exceeding fifteen feet in height, there shall be a distance from front and rear boundaries equal to the required yard plus one additional foot for each foot of the building height in excess of fifteen feet.
(3) 
There shall be two side yards each having a width of not less than fifteen feet, measured from the exterior boundaries of the site. For buildings exceeding fifteen feet in height, there shall be a distance from the side boundaries equal to the required yard plus one additional foot for each foot of building height in excess of fifteen feet.
(4) 
The ground floor area of all buildings in the development shall not occupy more than twenty-five percent of the site.
(5) 
The total area of all grading, including all cuts and fills and those areas required for driveways, recreation courts, patios and similar uses shall not exceed twenty percent of the hillside area of the lot or PUD site.
(6) 
All excavated material shall be removed from the premises or maintained behind retaining walls or landscaped so that the slopes of any fill material will not be visible from any public street or private accessway.
(7) 
Retaining walls on the downhill side of the lots shall not be higher than six feet at the property line; any additional retaining walls shall be set back from the first wall a minimum distance of one foot horizontally for every one foot in height above the first wall. The area between stepped retaining walls shall be landscaped with screening plant material and an appropriate watering system. The landscaped areas between the retaining wall shall not be included in the total graded area allowed. Retaining walls shall be used for the purpose of containing fill material or for minimizing cut or fill slopes. They shall not be used to terrace or otherwise alter natural terrain.
(8) 
No building shall exceed a height of two and one-half stories, but in no event exceed thirty-five feet, above the natural grade at any section through the structure.
E. 
Special yard, height and area coverage requirements for the hillside development area in any zoning district, other than as included in subsections C and D above shall be as follows:
(1) 
Yards shall be as required by the district in which the property is located.
(2) 
The total ground floor area of all buildings in the development shall not occupy more than twenty-five percent of the site, or as required by the zoning district, whichever is less.
(3) 
No building shall exceed a height of two and one-half stories, but in no event exceed thirty-five feet, above the natural grade of the land at any section through the structure.
(4) 
All excavated material shall be removed from the premises or maintained behind retaining walls or landscaped so that the slopes of any fill material will not be visible from any public street or private accessway.
(5) 
Retaining walls on the downhill side of the lots shall not be higher than six feet at the property line; any additional retaining walls shall be set back from the first wall a minimum distance of one foot horizontally for every one foot in height above the first wall. The area between stepped retaining walls shall be landscaped with screening plant material and an appropriate watering system. The landscaped areas between the retaining wall shall not be included in the total graded area allowed. Retaining walls shall be used for the purpose of containing fill material or for minimizing cut or fill slopes. They shall not be used to terrace or otherwise alter natural terrain.
F. 
Neither the planning and zoning commission nor the board of adjustment have jurisdiction to vary in any manner the density requirements of this section. The City council may grant waivers to the density provisions where such waivers would be in furtherance of the purposes of this section, where there exist unusual conditions relating to the property such as drainage or flood hazards, peculiarity of the size, shape or geology of the site and where approval of the waivers would promote the general welfare of the neighborhood.
G. 
Variances affecting the above regulations other than density shall be regulated by Article XI of this chapter.