HomeMy WebLinkAboutORDINANCES-1975-040-O-75• 1•
• _ Revised 5-15-75
6-23-75
Adopted as Amended -
�� 7-21-75
40-0-75
AN ORDINANCE
Amending the Evanston Zoning Ordinance to
provide for temporary open sales or side-
walk sales subject to appropriate review
and approval.
WHEREAS, the Zoning Amendment Committee conducted a public hearing
on June 6, 1974, to consider amending the Evanston Zoning Ordinance to
provide for temporary open sales or sidewalk sales and the notice of said
hearing was published in the manner required by law; and
WHEREAS, the Zoning Amendment Committee has submitted its report
recommending said amendment accompanied by findings of fact and specifying
the reasons for the recommendations:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
9 Evanston, Cook County, Illinois:
SECTION 1: That Section VIII.A.1 of the Evanston Zoning Ordinance
as amended be further amended to read as follows:
"All business, service storage, merchandise, display and repair
processing, where allowed, shall be conducted only within a
completely enclosed building, except for off-street automobile
parking, off-street loading, open sales lots, automobile service
stations, vending machines and eating establishments in districts
where such uses are allowed.
Temporary Exceptions: Upon written a�plication submitted to the
City Manager, no less than 30 days prior to the prospective date
of sale, stating the nature of the prospective open sale (not
conducted within a completely enclosed building), and its
expected duration, not to exceed seven days, the City Manager
! may grant to the owner or tenant, if the sale is to be conducted
on private property; or to'any applicant, if the sale is to be
conducted on public property, a temporary exception for specified
dates, subject to such conditions as are enumerated herein, when
such except ion, based upon facts submitted by the applicant, will
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• not adversely affect the general health, safety and welfare
of other businesses or of those persons present in the area of sale;
provided, however, that where other public events may be scheduled
to occur at the same time and place as that for which a given
application is made hereunder, and the City Manager concludes that
the simultaneous conduct of a sale and said public event may
adversely affect the free and continuous flow of pedestrian and/or
vehicular traffic in the immediate area, such a conclusion shall
be sufficient grounds for denial of an exception hereunder, and
provided, further, that no more than two exceptions may be granted
to a business enterprise for any given year.
The conduct of sales as permitted herein shall be subject to the
following restrictions:
• 1. Any structures or apparati which are to be placed on the public
right-of-way in conjunction with the exception granted herein
shall be situated so as to facilitate continued easy access to
and travel on said sidewalk for its entire length by pedestrians,
i.e., said structures shall not be situated or constructed in
such a manner as to present any physical threat to pedestrians
traversing the public way in the vicinity of said structures.
2. The applicant shall submit to the City evidence of insurance
coverage in the amount of $100,000/$300,000 over any sale for '
which application is made hereunder, with the City of Evanston
being named as co-insured thereon.
3. No applicant hereunder shall conduct a sale at any time other
than between the hours of 9:00 a.m. and 9:00 p.m. on any day
pursuant to an exception granted hereunder.
9 Each temporary exception so granted shall be in writing and a copy
thereof, together with the' application and any supporting documentation;
shall be transmitted to the Director of Inspections and Permits to be
maintained among the records of that department."
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SECTION 2: This ordinance is intended to and shall be in addition
to all other ordinances, rules and regulations concerning
sidewalk sales and encroachments and shall not be construed as repealing or
rescinding any other ordinance or part of any ordinance unless in direct
conflict therewith.
SECTION 3: This ordinance shall be in full force and effect from
and after its passage, approval and publication in the
manner provided by law.
Introduced: 'AVRI�t 2,g , 1975
Adopted: ;d'0C 1975
Approved: 3A k-y a ) 1975
May r
ATTEST:
•
1i4ty Clerk
Approved as to form: /s/ Jack M. Siegel
Corporation Counsel