HomeMy WebLinkAboutORDINANCES-2012-035-O-12•
Effective Date: April 10, 2012 3/8/2012
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AN ORDINANCE
Amending Portions of the Zoning Ordinance
Relating to the Creation of the
"Payday Loan or Consumer Loan Establishment" Use
WHEREAS, on March 15, 2012, the Plan Commission held a public
hearing, pursuant to proper notice, regarding case no. 12PLND-0010 to consider
various amendments to the text of Title 6 of the Evanston City Code of 1979, as
amended (the "Zoning Ordinance"), relating to the creation of the Use known as
"Payday Loan or Consumer Loan Establishment;" and
WHEREAS, the Plan Commission received testimony and made written
findings pursuant to Section 6-3-4-5 of the Zoning Ordinance that the proposed
amendments met the standards for text amendments, and recommended City Council
approval thereof; and
WHEREAS, at its meeting of March 26, 2012, the Planning and
Development Committee of the City Council considered and adopted the findings and
recommendation of the Plan Commission in case no. 12PLND-0010 and recommended
City Council approval thereof; and
WHEREAS, at its meeting of March 26, the City Council considered and
adopted the records and recommendations of the Plan Commission and the Planning
and Development Committee,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
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SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: Section 6-18-3 of the Zoning Ordinance, "Definitions," is
hereby amended to include the following:
PAYDAY LOAN OR CONSUMER LOAN ESTABLISHMENT: Any business that makes
or offers a loan transaction where a cash advance, post-dated check, or other financial
instrument, which the parties agree will be held for a period of time before presentment
for payment or deposit, is accepted as collateral for the loan, or by which a loan
transaction is made or offered in lieu of a title to personal or real property, in an amount
not exceeding $25,000, that is not expressly done through a bank, savings and loan
association, or credit union. No Payday Loan or Consumer Loan Establishment shall
be permitted within one thousand feet (1,000'), measured property line to property line,
of another such establishment.
SECTION 3: That Subsection 6-10-4-3 of the Zoning Ordinance, "Special
Uses" in the C2 District, is hereby amended to include the following:
Payday Loan or Consumer Loan Establishment
SECTION 4: 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.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6: 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.
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SECTION 7: This ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner provided by law.
Introduced: O1 tJ' -'I-io , 2012
Adopted: -f Yi aA,�--� c�-� , 2012
Attest:
I dney ,y� ne, City Clerk
Approved:
'1 ► I �.�'1 a� , 2012
Eli ` th B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, Corporation Counsel
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