All applications for a permitted use, administrative review use or special use set forth in each zoning district shall be submitted to the Zoning Administrator for a use interpretation, pursuant to the standards and procedures set forth in Section 6-3-9 "Administrative Interpretations," of this Ordinance.

(Ord. No. 48-O-21, § 22, 5-10-2021)

Accessory uses and structures that are incidental to the permitted, administrative review uses and special uses in the downtown districts shall be permitted in the districts and yards specified in Section 6-4-6, "Accessory Uses and Structures," of this Ordinance.

(Ord. No. 48-O-21, § 22, 5-10-2021)

The oRD redevelopment overlay district may be applied to the D2, D3 and D4 districts only. Where the oRD districts have been designated within the D2, D3 and D4 districts the regulations of the overlay district shall supersede or supplement, as applicable, the regulations of the underlying D2, D3 or D4 district. The regulations governing the redevelopment overlay district are specified in Section 6-15-12, "Redevelopment Overlay District."

(A)

In recognition of the importance of maintaining the existing pedestrian scale and orientation of certain specified street fronts within the downtown districts in keeping with the policies contained in the Plan for Downtown Evanston, a ziggurat setback is hereby established and required for the street fronts along the following streets.

Benson Avenue.

Church Street.

Davis Street.

Orrington Avenue.

Sherman Avenue.

(B)

Structures abutting these designated street fronts shall be required to be built up to the lot line to a height not less than twenty-four (24) feet nor more than forty-two (42) feet. Thereafter, the structure shall be set back from the designated street front a minimum of forty (40) feet whereupon the structure may rise to the maximum building height permitted by the prevailing base or overlay district.

Applications for development approval for properties within the downtown districts shall be subject to site plan review in accordance with the provisions of Chapter 3, "Implementation and Administration" of this Ordinance, and the separate Design and Project Review Ordinance, Ordinance No. 50-O-14, as amended. In carrying out these responsibilities, the City shall be guided by the policies, principles, and standards contained in the Plan for Downtown Evanston, as adopted, and the City's Manual of Design Guidelines.

(Ord. No. 66-O-15, § 18, 6-22-2015)

Off-street parking and loading facilities shall be provided for all downtown districts in accordance with the regulations set forth in Chapter 16, "Off-Street Parking and Loading" of this Ordinance. (Particular notice should be given to Sections 6-16-1-4, "Exemption of Required Parking Spaces," and 6-16-3-5, "Parking Reduction Allowance for the D1, D2 and D3 Districts.")

Landscaping and screening shall be provided for in all downtown districts in accordance with the regulations set forth in Chapter 17, "Landscaping and Screening" of this Ordinance.

Signs in all downtown districts shall comply with the applicable sign regulations set forth in the City of Evanston Sign Ordinance ^[13].

Any historic landmark structure located in a downtown district shall be subject to the provisions of the Historic Preservation Ordinance and the additional requirements set forth in Chapter 15, "Special Purpose and Overlay Districts" of this Ordinance. See Appendix C, of this Ordinance, for a list of all historic landmark structures in Evanston by address.

In the downtown, planned developments are an allowed special use in the D1, D2, D3 and D4 districts. In addition to the general requirements for planned developments set forth in Section 6-3-6, "Planned Developments," the Land Use Commission shall not recommend approval of, nor shall the City Council adopt a planned development in the downtown districts unless they shall determine, based on written findings of fact, that the planned development adheres to the following standards:

(A)

General Conditions:

1.

Each planned development shall be compatible with surrounding development and not be of such a nature in height, bulk, or scale as to exercise any influence contrary to the purpose and intent of the Zoning Ordinance as set forth in Section 6-1-2, "Purpose and Intent."

If the proposed planned development is for a property listed as an Evanston landmark, or for property located within an historic district listed on the National Register of Historic Places or for property located within an historic district so designated by the Evanston Preservation Commission, the planned development shall be compatible with the "Secretary of the Interior's Standards for Rehabilitation" as set forth in the National Historic Preservation Act of 1966, as amended.

2.

Each planned development shall enhance the identity and character of the downtown, by preserving where possible character-giving buildings, enhancing existing streetscape amenities, maintaining retail continuity in areas where it is prominent, strengthening pedestrian orientation and scale and contributing to the mixed use vitality of the area.

3.

Each planned development shall be compatible with and implement the adopted Comprehensive General Plan, as amended, the Plan for Downtown Evanston, any adopted land use or urban design plan specific to the area, this Zoning Ordinance, and any other pertinent City planning and development policies, particularly in terms of:

(a)

Land use.

(b)

Land use intensity.

(c)

Housing.

(d)

Preservation.

(e)

Environmental.

(f)

Urban design.

(g)

Traffic impact and parking.

(h)

Impact on schools, public services and facilities.

(i)

Essential character of the downtown district, the surrounding residential neighborhoods, and abutting residential lots.

(j)

Neighborhood planning.

(k)

Conservation of the taxable value of land and buildings throughout the City, and retention of taxable land on tax rolls.

4.

Each planned development shall be completed within two (2) years of the issuance of the special use permit for the planned development. If extensive or staged development is approved as part of the planned development, however, the two (2) year requirement may be extended to provide for a more reasonable time schedule. The expanded time schedule shall be adopted as part of the planned development and so noted on the special use permit for a planned development.

No special use permit for a planned development shall be valid for a period longer than one (1) year unless a building permit is issued and construction is actually begun within that period and is diligently pursued to completion. The City Council may, however, for good cause shown, extend the one (1) year period for such time as it shall determine, without further hearing before the Land Use Commission. The City Council may, at its sole discretion, place conditions on the extension in order to assure that the planned development is diligently pursued to its completion.

5.

All landscaping treatment within the planned development shall be provided in accordance with the requirements set forth in Chapter 17, "Landscaping and Screening," and shown on the required landscape plan that shall be submitted as part of the planned development application.

(B)

Site Controls and Standards: The following site controls and standards are established to provide a regulatory framework that will promote excellence in site design. Their establishment is not intended to restrict or inhibit the Design and Project Review Committee or the applicant from applying other site design principles and standards that may be applicable to the planned development being proposed and that may be found in or interpolated from the Plan for Downtown Evanston, and the City's Manual of Design Guidelines or in common use by design professionals.

1.

Walkways developed for a planned development shall form a logical, safe and convenient system for pedestrian access to all project facilities and off-site destinations likely to attract substantial pedestrian traffic. Pedestrian ways shall not be used by other automotive traffic.

2.

The location, construction and operation of parking, loading areas, and service areas, shall be designed to avoid adverse effects on residential uses within or adjoining the development and, where possible, provide additional parking beyond that required for the planned development to service the downtown district in which it is located.

3.

Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. If the planned development employs local streets within the development, said streets shall not be connected to streets outside the development in such a way as to encourage their use by through traffic.

4.

The planned development shall provide, if possible, for underground installation of utilities (including electricity and telephone) both in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm water facilities including grading, gutter, piping, treatment of turf, and maintenance of facilities.

5.

For every planned development there shall be provided a market feasibility statement that shall indicate the consumer market areas for all uses proposed in the development, the population potential of the area or areas to be served by the uses proposed and other pertinent information concerning the need or demand for such uses of land.

6.

For every planned development there shall be provided a traffic circulation impact study which shall show the effect of all proposed uses upon adjacent and nearby roads and highways. The study shall also show the amount and direction of anticipated traffic flow and clearly describe what road and traffic control improvements might become necessary as a result of the construction of the proposed development.

7.

The Zoning Administrator may, at his discretion, require of the applicant additional studies or impact analyses when he determines that a reasonable need for such investigation is indicated.

(C)

Development Allowances: As provided in Section 6-3-6, "Planned Developments," of this Title the Land Use Commission may recommend approval of, and the City Council may grant, site development allowances for planned developments. Said allowances shall be limited as follows:

1.

The maximum height increase over that otherwise permitted in the downtown districts shall be as follows:

The height of any story of a building approved as a planned development pursuant to Section 6-3-6 of this Title may be excluded from the calculation of building height when seventy-five percent (75%) or more of the gross floor area of such story consists of parking required for the building, excluding mechanical penthouse, however, in no case shall this exclusion be greater than four (4) stories or forty (40) feet, whichever is less.

2.

The maximum increase in floor area ratio over that otherwise permitted in the D2, D3 or D4 district shall be as follows:

(D)

Mandatory Planned Development Minimum Thresholds: Any development the land use of which is listed among the permitted uses or special uses for the zoning district in which the subject property is located meeting any one (1) of the following characteristics may only be authorized as a planned development in accordance with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction" is defined as construction that results in the zoning lot being improved with substantially new structures, and/or construction conforming to the definition of a "substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title.

1.

The area of the zoning lot to be improved with new construction is in excess of thirty thousand (30,000) square feet.

2.

The development provides for the construction of more than twenty-four (24) new residential units. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty-four (24) dwelling unit threshold when determining whether a planned development is required.

3.

The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any commercial, business, retail or office uses.

4.

The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any residential, commercial, business, retail, or office uses. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty-four (24) dwelling unit threshold when determining whether a planned development is required.

5.

The development plan for which application for a building permit is made provides for the new construction of more than twenty thousand (20,000) square feet of gross floor area under one (1) roof for any commercial, business, retail or office use. For purposes of this Subsection, gross floor area excludes the area of any floors or portion of floors the volume of which is below the established grade but shall include all accessory areas, areas devoted to parking or loading, elevator shafts, stairwells, space used solely for heating, cooling, mechanical, electrical and mechanical penthouses, refuse rooms and uses accessory to the building, notwithstanding floor areas excluded from the calculation of gross floor area by Section 6-18-3 of this Title.

(Ord. No. 43-O-93; Ord. 59-O-04; Ord. No. 121-O-15, § 2, 10-26-2015; Ord. No. 66-O-15, § 19, 6-22-2015; Ord. No. 52-O-22, § 60, 6-27-2022; Ord. No. 53-O-25, § 2(Exh. A), 8-25-2025)

(A)

Any covered development, as defined under City Code Section 5-7-3, providing on-site affordable units and that is otherwise compliant with the City's Inclusionary Housing Ordinance is entitled to the following development bonuses:

1.

For developments providing five percent (5%) on-site affordable housing or ten percent (10%) on-site housing with public financing:

2.

For developments providing ten percent (10%) on-site affordable housing or twenty percent (20%) on-site affordable housing with public financing:

3.

For covered developments and primarily affordable non-covered developments in non-TOD areas that provide on-site affordable units, the parking requirements for the entire development shall be reduced to:

(B)

Residential developments processed as planned developments, shall have bonuses and reductions set forth in this Section calculated prior to the site development allowances set forth in Section 6-11-1-10.

(Ord. No. 117-O-16, § 4, 12-12-2016; Ord. No. 54-O-19, § 5, 7-8-2019)

The downtown fringe district is intended to provide for business and office development at compact locations. The massing and scale of structures within the district should be reflective of established uses and should provide suitable transition between the adjacent residential districts and the more intense downtown districts. Mixed use development is encouraged within the district through the use of planned developments.

(Ord. No. 43-O-93)

The following uses are permitted in the D1 district:

Artist studio.

Brew pub.

Commercial indoor recreation.

Cultural facility.

Dwelling—Multiple-family.

Financial institution.

Food store establishment (provided the store shall not be opened for business later than 12:00 midnight CST).

Government institution.

Hotel.

Live-work units (subject to the general requirements of Section 6-4-13 of this Title).

Membership organization.

Mixed-use market (provided the use is twenty thousand (20,000) square feet or less in size).

Office (when located above the ground floor).

Public utility.

Religious institution.

Residential care home—Category I (subject to the general requirements of Section 6-4-4 of this Title).

Residential care home—Category II (subject to the general requirements of Section 6-4-4 of this Title).

Restaurant—Type 1.

Retail goods establishment.

Retail services establishment.

(Ord. No. 43-O-93; Ord. No. 105-O-18, § 17, 10-8-2018; Ord. No. 82-O-21, § 8, 9-13-2021; Ord. No. 17-O-22, § 12, 3-28-2022; Ord. No. 69-O-23, § 22, 7-24-2023)

The following uses may be allowed in the D1 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:

Office (at the ground floor).

(Ord. No. 17-O-22, § 13, 3-28-2022)

The following uses may be allowed in the D1 district, subject to the provisions set forth in Section 6-3-5 of this Title:

Assisted living facility.

Banquet hall.

Boarding house.

Business or vocational school.

Cannabis craft grower.

Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title).

Cannabis infuser.

Cannabis transporter.

Convenience store.

Craft alcohol production facility.

Daycare center—Adult (subject to the general requirements of Section 6-4-3 of this Title).

Daycare center—Child (subject to the general requirements of Section 6-4-2 of this Title).

Drive-through facility (accessory or principal).

Educational institution—Private.

Educational institution—Public.

Funeral services excluding on site cremation.

Independent living facility.

Long term care facility.

Mixed-use market (over twenty thousand (20,000) square feet in size).

Neighborhood garden.

Open sales lot.

Planned development (subject to the requirements of Section 6-11-1-10 of this Chapter and Section 6-3-6 of this Title).

Resale establishment.

Retirement home.

Retirement hotel.

Sheltered care home.

Tattoo and body art establishment (subject to the general requirements of Section 6-4-12 of this Title).

Transitional shelter (subject to the special requirements of Section 6-3-5-11 of this Title).

Urban farm, rooftop.

Wholesale goods establishment.

(Ord. No. 43-O-93; amd. Ord. 39-O-95; Ord. 33-O-99; Ord. 58-O-02; Ord. 114-O-02; Ord. 122-O-09; Ord. No. 129-O-12, § 10, 1-14-2013; Ord. No. 3-O-14, § 10, 2-10-2014; Ord. No. 57-O-14, § 10, 6-9-2014; Ord. No. 81-O-14, §§ 11, 37, 8-11-2014; Ord. No. 8-O-17, § 8, 4-24-2017; Ord. No. 105-O-18, § 18, 10-8-2018; Ord. No. 126-O-19, § 4, 10-28-2019; Ord. No. 31-O-20, § 16, 2-24-2020; Ord. No. 3-O-21, § 5, 1-25-2021; Ord. No. 69-O-23, § 23, 7-24-2023)

The minimum lot size requirements for the D1 district are as follows:

(A)

Nonresidential: There is no minimum lot size requirement for nonresidential lots in the D1 district.

(B)

Residential: The minimum lot size for a building or structure in the D1 district that includes residential uses shall at no time be less than five thousand (5,000) square feet. The minimum lot size per dwelling unit in the D1 district shall be at no time less than four hundred (400) square feet.

(Ord. No. 43-O-93)

There is no minimum lot width in the D1 district.

(Ord. No. 43-O-93)

The yard requirements for the D1 district are as follows:

Notwithstanding the foregoing, buildings existing in the D1 district as of the effective date hereof, shall, for the purpose of the district and the requirements of this Ordinance, be deemed complying with the D1 district yard requirements.

(Ord. No. 43-O-93)

The maximum building height in the D1 district is forty-two (42) feet. Notwithstanding the foregoing, buildings existing in the D1 district as of the effective date hereof, shall, for the purpose of the district and the requirements, be deemed complying with the D1 district building height requirements.

(Ord. No. 43-O-93)

The D2 downtown retail core district is intended to define and support the traditional downtown retail shopping function of Evanston. The district is characterized by street level retail storefronts and structures that accent a pedestrian scale. Mixed use developments shall be encouraged within the district as shall the reuse of structures that assist in perpetuating the established pedestrian retail character in terms of scale, architecture and street front continuity as identified in the adopted "plan for downtown Evanston." Planned developments are encouraged as a special use in the D2 district. Where D2 zoned lots or areas are overlaid with the oRD redevelopment overlay district designation, a planned development is required in order to ensure that proposed development in these areas is consistent with the objectives and policies of the adopted "plan for downtown Evanston."

(Ord. No. 43-O-93)

In recognition of the traditional retail character of the district and in order to preserve and enhance an economically vibrant downtown corridor that encourages retail as well as other complementary uses, all permitted ground-floor uses, as listed in Section 6-11-3-3 "Permitted Uses", and all administrative review uses, as listed in Section 6-11-3-3.5 "Administrative Review Uses" shall promote pedestrian activity and/or encourage destination travel that bring more activity to the area.

(Ord. No. 43-O-93; Ord. No. 35-O-20, § 1, 11-23-2020; Ord. No. 48-O-21, § 23, 5-10-2021)

Editor's note— Ord. No. 35-O-20, § 1, adopted November 23, 2020, changed the title of Section 6-11-3-2 from "Retail use of grade level" to "Active use of grade level." The historical notation has been preserved for reference purposes.

The following uses are permitted in the D2 district:

Artist studio.

Brew pub.

Commercial indoor recreation (when located above the ground floor).

Cultural facility.

Dwellings (when located above the ground floor).

Financial institution (above the ground floor).

Food store establishment.

Funeral services excluding on site cremation.

Government institution.

Hotel.

Live-work units (subject to the general requirements of Section 6-4-13 of this Title).

Membership organization.

Mixed-use market (provided the use is twenty thousand (20,000) square feet or less in size).

Office (when located above the ground floor).

Residential care home—Category I (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title).

Restaurant—Type 1.

Retail goods establishment.

Retail services establishment.

(Ord. No. 43-O-93; amd. Ord. 58-O-02; Ord. No. 15-O-16, § 1, 3-14-2016; Ord. No. 105-O-18, § 19, 10-8-2018; Ord. No. 35-O-20, § 2, 11-23-2020; Ord. No. 48-O-21, § 23, 5-10-2021; Ord. No. 82-O-21, § 9, 9-13-2021; Ord. No. 69-O-23, § 24, 7-24-2023)

The following uses may be allowed in the D2 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:

Commercial indoor recreation (at the ground floor).

Financial institution (at the ground floor).

Office (at the ground floor).

Restaurant—Type 2.

(Ord. No. 48-O-21, § 24, 5-10-2021)

The following uses may be allowed in the D2 district, subject to the provisions set forth in Section 6-3-5 of this Title:

Administrative review uses, pursuant to Section 6-3-5-16(B) "Applicable Uses".

Assisted living facility (when located above the ground floor).

Banquet hall.

Business or vocational school.

Cannabis craft grower.

Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title).

Cannabis infuser.

Cannabis transporter.

Convenience store.

Craft alcohol production facility.

Daycare center—Child (subject to the general requirements of Section 6-4-2 of this Title).

Educational institution—Private.

Educational institution—Public.

Independent living facility (when located above the ground floor).

Mixed-use market (over twenty thousand (20,000) square feet in size).

Neighborhood garden.

Open sales lot.

Performance entertainment venue.

Planned development (subject to the requirements of Section 6-11-1-10 of this Chapter and Section 6-3-6 of this Title).

Religious institution.

Resale establishment.

Residential care home—Category II (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title).

Tattoo and body art establishment (subject to the general requirements of Section 6-4-12 of this Title).

Urban farm, rooftop.

(Ord. No. 43-O-93; amd. Ord. 39-O-95; Ord. 33-O-99; Ord. 2-O-00; Ord. 114-O-02; Ord. 122-O-09; Ord. No. 129-O-12, § 11, 1-14-2013; Ord. No. 3-O-14, § 11, 2-10-2014; Ord. No. 57-O-14, § 11, 6-9-2014; Ord. No. 81-O-14, §§ 12, 38, 8-11-2014; Ord. No. 8-O-17, § 9, 4-24-2017; Ord. No. 105-O-18, § 20, 10-8-2018; Ord. No. 126-O-19, § 5, 10-28-2019; Ord. No. 31-O-20, § 17, 2-24-2020; Ord. No. 35-O-20, § 3, 11-23-2020; Ord. No. 3-O-21, § 6, 1-25-2021; Ord. No. 48-O-21, § 25, 5-10-2021; Ord. No. 69-O-23, § 25, 7-24-2023)

The minimum lot size requirements for the D2 district are as follows:

(A)

Nonresidential: There is no minimum lot size requirement for non-residential lots in the D2 district.

(B)

Residential: The minimum lot size for a building or structure in the D2 district that includes residential uses shall at no time be less than five thousand (5,000) square feet. The minimum lot size per dwelling unit in the D2 district shall at no time be less than four hundred (400) square feet.

(Ord. No. 43-O-93)

There is no minimum lot width in the D2 district.

(Ord. No. 43-O-93)

The maximum floor area ratio in the D2 district is 2.75.

(Ord. No. 43-O-93)

The yard requirements for the D2 district are as follows:

(Ord. 13-O-05)

The maximum building height in the D2 district is forty-two (42) feet. Building height (floors or stories) when seventy-five percent (75%) or more of the gross floor area is devoted to accessory parking decks, up to a maximum of four (4) stories or forty (40) feet, whichever is less, shall be excluded from the calculation of building height. Notwithstanding the foregoing, buildings existing in the D2 district as of the effective date hereof, shall, for the purpose of the district and the requirements of this Ordinance, be deemed complying with the D2 district building height requirements.

(Ord. No. 43-O-93)

The D3 downtown core development district is intended to provide for the highest density of business infill development and large scale redevelopment within downtown Evanston. The district is also intended to encourage and sustain mix of office, retail, and residential uses. Planned developments are encouraged as a special use in the D3 district. Where D3 zoned lots or areas are overlaid with the oRD redevelopment overlay district designation, a planned development is required in order to ensure that proposed development in these areas is consistent with the objectives and policies of the adopted "plan for downtown Evanston."

(Ord. No. 43-O-93)

The following uses are permitted in the D3 district:

Artist studio.

Brew pub.

Commercial indoor recreation.

Commercial parking garage.

Cultural facility.

Dwellings (when located above the ground floor).

Financial institution.

Food store establishment.

Funeral services excluding on site cremation.

Government institution.

Hotel.

Live-work units (subject to the general requirements of Section 6-4-13 of this Title).

Medical broadcasting station.

Membership organization.

Mixed-use market (provided the use is twenty thousand (20,000) square feet or less in size).

Office (when located above the ground floor).

Public utility.

Residential care home—Category I (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title).

Restaurant—Type 1.

Retail goods establishment.

Retail services establishment.

(Ord. No. 43-O-93; amd. Ord. 58-O-02; Ord. No. 15-O-16, § 2, 3-14-2016; Ord. No. 105-O-18, § 21, 10-8-2018; Ord. No. 82-O-21, § 10, 9-13-2021; Ord. No. 17-O-22, § 14, 3-28-2022; Ord. No. 69-O-23, § 26, 7-24-2023)

The following uses may be allowed in the D3 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:

Office (at the ground floor).

Restaurant—Type 2.

(Ord. No. 48-O-21, § 26, 5-10-2021; Ord. No. 17-O-22, § 15, 3-28-2022)

The following uses may be allowed in the D3 district, subject to the provisions set forth in Section 6-3-5 of this Title:

Administrative review uses, pursuant to Section 6-3-5-16(B) "Applicable Uses".

Apartment hotel.

Assisted living facility (when located above the ground floor).

Banquet hall.

Business or vocational school.

Cannabis craft grower.

Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title).

Cannabis infuser.

Cannabis transporter.

Convenience store.

Craft alcohol production facility.

Daycare center—Adult (subject to the general requirements of Section 6-4-3 of this Title).

Daycare center—Child (subject to the general requirements of Section 6-4-2 of this Title).

Drive-through facility (accessory or principal).

Educational institution—Private.

Educational institution—Public.

Independent living facility (when located above the ground floor).

Mixed-use market (over twenty thousand (20,000) square feet in size).

Neighborhood garden.

Open sales lot.

Performance entertainment venue.

Planned development (subject to the requirements of Section 6-11-1-10 of this Chapter and Section 6-3-6 of this Title).

Religious institution.

Resale establishment.

Residential care home—Category II (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title).

Tattoo and body art establishment (subject to the general requirements of Section 6-4-12 of this Title).

Urban farm, rooftop.

(Ord. No. 43-O-93; amd. Ord. 39-O-95; Ord. 33-O-99; Ord. 2-O-00; Ord. 114-O-02; Ord. 122-O-09; Ord. No. 129-O-12, § 12, 1-14-2013; Ord. No. 3-O-14, § 12, 2-10-2014; Ord. No. 57-O-14, § 12, 6-9-2014; Ord. No. 81-O-14, §§ 13, 39, 8-11-2014; Ord. No. 8-O-17, § 10, 4-24-2017; Ord. No. 105-O-18, § 22, 10-8-2018; Ord. No. 126-O-19, § 6, 10-28-2019; Ord. No. 31-O-20, § 18, 2-24-2020; Ord. No. 3-O-21, § 7, 1-25-2021; Ord. No. 48-O-21, § 27, 5-10-2021; Ord. No. 69-O-23, § 27, 7-24-2023)

The minimum lot size requirements for the D3 district are as follows:

(A)

Nonresidential: There is no minimum lot size requirement for non-residential lots in the D3 district.

(B)

Residential: The minimum lot size for a building or structure in the D3 district that includes residential uses shall at no time be less than five thousand (5,000) square feet. The minimum lot size per dwelling unit in the D3 district shall at no time be less than three hundred (300) square feet.

(Ord. No. 43-O-93)

There is no minimum lot width in the D3 district.

(Ord. No. 43-O-93)

The maximum floor area ratio in the D3 district is 4.5.

(Ord. No. 43-O-93)

The yard requirements for the D3 district are as follows:

(Ord. 13-O-05)

The maximum building height in the D3 district is eighty-five (85) feet. Building height (floors or stories) when seventy-five percent (75%) or more of the gross floor area is devoted to accessory parking decks, up to a maximum of four (4) stories or forty (40) feet, whichever is less, shall be excluded from the calculation of building height.

(Ord. No. 43-O-93)

The D4 downtown transition district is intended to provide for business infill development and redevelopment within downtown Evanston. The massing and scale of structures within the D4 district should be reflective of established uses and should provide suitable transition between downtown districts and those districts adjacent to the downtown. The district is also intended to encourage and sustain a mix of office, retail, and residential uses. Planned developments are encouraged as a special use in the D4 district. Where a lot zoned D4 is overlaid with an oRD redevelopment overlay district designation, a planned development is required in order to ensure that proposed development in these areas is consistent with the objectives and policies of the adopted plan for downtown Evanston.

(Ord. No. 43-O-93)

The following uses are permitted in the D4 district:

Artist studio.

Brew pub.

Commercial indoor recreation.

Cultural facility.

Dwelling (when located above the ground floor).

Financial institution.

Food store establishment.

Government institution.

Hotel.

Live-work units (subject to the general requirements of Section 6-4-13 of this Title).

Membership organization.

Mixed-use market (provided the use is twenty thousand (20,000) square feet or less in size).

Office (when located above the ground floor).

Public utility.

Residential care home—Category I (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title).

Restaurant—Type 1.

Retail goods establishment.

Retail services establishment.

(Ord. No. 43-O-93; Ord. No. 15-O-16, § 3, 3-14-2016; Ord. No. 105-O-18, § 23, 10-8-2018; Ord. No. 82-O-21, § 11, 9-13-2021; Ord. No. 17-O-22, § 16, 3-28-2022; Ord. No. 69-O-23, § 28, 7-24-2023)

The following uses may be allowed in the D4 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title:

Office (at the ground floor).

Restaurant—Type 2.

(Ord. No. 48-O-21, § 28, 5-10-2021; Ord. No. 17-O-22, § 17, 3-28-2022)

The following uses may be allowed in the D4 district, subject to the provisions set forth in Section 6-3-5 of this Title:

Administrative review uses, pursuant to Section 6-3-5-16(B) "Applicable Uses".

Assisted living facility (when located above the ground floor).

Banquet hall.

Business or vocational school.

Cannabis craft grower.

Cannabis dispensary (subject to the general requirements of Section 6-4-11 of this Title).

Cannabis infuser.

Cannabis transporter.

Commercial parking garage.

Convenience store.

Craft alcohol production facility.

Daycare center—Adult (subject to the general requirements of Section 6-4-3 of this Title).

Daycare center—Child (subject to the general requirements of Section 6-4-2 of this Title).

Drive-through facility (accessory or principal).

Educational institution—Private.

Educational institution—Public.

Funeral services excluding on site cremation.

Independent living facility (when located above the ground floor).

Mixed-use market (over twenty thousand (20,000) square feet in size).

Neighborhood garden.

Open sales lot.

Performance entertainment venue.

Planned development (subject to the requirements of Section 6-11-1-10 of this Chapter and Section 6-3-6 of this Title).

Religious institution.

Resale establishment.

Residential care home—Category II (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title).

Tattoo and body art establishment (subject to the general requirements of Section 6-4-12 of this Title).

Urban farm, rooftop.

(Ord. No. 43-O-93; amd. Ord. 39-O-95; Ord. 33-O-99; Ord. 2-O-00; Ord. 58-O-02; Ord. 114-O-02; Ord. 122-O-09; Ord. No. 129-O-12, § 13, 1-14-2013; Ord. No. 3-O-14, § 13, 2-10-2014; Ord. No. 57-O-14, § 13, 6-9-2014; Ord. No. 81-O-14, §§ 14, 40, 8-11-2014; Ord. No. 8-O-17, § 11, 4-24-2017; Ord. No. 105-O-18, § 24, 10-8-2018; Ord. No. 126-O-19, § 7, 10-28-2019; Ord. No. 31-O-20, § 19, 2-24-2020; Ord. No. 3-O-21, § 8, 1-25-2021; Ord. No. 48-O-21, § 29, 5-10-2021; Ord. No. 69-O-23, § 29, 7-24-2023)

The minimum lot size requirements for the D4 district are as follows:

(A)

Nonresidential: There is no minimum lot size requirement for nonresidential lots in the D4 district.

(B)

Residential: The minimum lot size for a building or structure in the D4 district that includes residential uses shall at no time be less than five thousand (5,000) square feet. The minimum lot size per dwelling unit in the D4 district shall be at no time less than four hundred (400) square feet.

(Ord. No. 43-O-93)

There is no minimum lot width in the D4 district.

(Ord. No. 43-O-93)

The maximum floor area ratio in the D4 district for structures not containing residential dwelling units is 4.5. The maximum floor area ratio in the D4 district for structures containing residential dwelling units is 5.4.

(Ord. No. 43-O-93)

The yard requirements for the D4 district are as follows:

(Ord. 13-O-05)

The maximum building height in the D4 district for structures not containing residential dwelling units is eighty-five (85) feet. The maximum building height in the D4 district for structures containing residential dwelling units is one hundred five (105) feet. Building height (floors or stories) when seventy-five percent (75%) or more of the gross floor area is devoted to accessory parking decks, up to a maximum of four (4) stories or forty (40) feet, whichever is less, shall be excluded from the calculation of building height.

(Ord. No. 43-O-93)