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HomeMy WebLinkAboutORDINANCES-1975-087-O-75Revised 10/6/75 d 87-0-75 AN ORDINANCE Amending the Zoning Ordinance to Allow Partial or Temporary Use or Occupancy of Completed Portions of a Structure before the Entire Structure and Premises are Completed under Certain Circumstances WHEREAS, the Evanston Zoning Amendment Committee has, on July 3, 1975, conducted a public hearing on the question of allowing partial and/or temporary use or occupancy of completed portions of a structure before the entire structure and premises are completed under certain circumstances, said public hearing having been conducted pursuant to notice published.in the manner prescribed by law; and WHEREAS, the Evanston Zoning Amendment Committee has reported its findings and recommendations to the City Council of the City of Evanston: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY'OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION I: That Section XII.B.2 of the Zoning Ordinance of the City of 0 Evanston, 1960, as amended, is hereby further amended to read as follows: "XII.B.2. Certificate of Use and Occupancy. Except as hereafter provided; no parking lot or land shall be used or occupied hereafter, and no building or structure hereafter erected or structurally altered, enlarged,( or moved shall be used or occupied in whole or in part for any purpose i whatsoever until a Certificate of Use and Occupancy has been issued by the; Director of Inspections and Permits, stating that the building and the proposed use of the building and land comply with all ordinances, includinc the provisions of this ordinance. Any use or occupancy without the issuance of such a certificate by the Director of Inspections and Permits. shall be considered a violation of the provisions of this ordinance. No change of use shall be made in any building, parking lot or part thereof • now or hereafter erected or structurally altered or enlarged that does not comply with the provisions of this ordinance and a Certificate of Use and Occupancy shall be required for any such change or use. When any building, structure, or use of land or building is entitled thereto, the Director of Inspections and Permits shall issue a Certificate 87-0-75 -2- of Use and Occupancy as soon as possible after verification of a written application therefor, on request; to any person having a proprietary or tenancy interest in the building affected. aException: Upon written application, provisional approval for temporary use and occupancy of completed portions of a building or structure which are free from construction activity, equipment and materials, and which portions are specified on the application and approval form, may be issued for designated periods of time, provided that: a. those portions to be used or occupied, the means of ingress and egress, and fire separation or equivalent protection have been completed in compliance with all applicable ordinances and the required ingress and egress are separate from and will not be obstructed because of construction work. b. the temporary use'and occupancy requirements of the Building Code are satisfied. c. a covenant shall be executed and recorded against property 0 obligating the developer to achieve compliance with all codes and ordinances within a designated period of time, which may exceed the period designated for the provisional occupancy permit, but may not exceed one (1) year. The Director of Inspections and Permits may also require an independent, financial guarantee that to bring the property in compliance with all codes and ordinances work will be completed. This provisional approval is not equivalent to, and does not replace a Certificate of Use and Occupancy, and issuance of such approval does not, in and of itself, entitle an applicant to obtain issuance of a certificate at a later time. A Certificate of Use and Occupancy must be issued before any building or structure may be occupied in its entirety." SECTION 2: This Ordinance is intended to and shall be in addition to all other ordinances, rules and regulations concerning Certificates of Use and Occupancy and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. cw . .45 fi.: ti r (I 87-0-75 I SECTION 3: This ordinance shall be in full force and effect from and �I after its passage, approval and publication in the manner I� i provided.by law. Introduced October 6 1975 Adopted October 13 1975 i Approved October 13 , 1975 II !E f '/s/ Edgar Vanneman. Jr. (Mayor ATTEST: /s/ Maurice F. Brown City Clerk • Approved as to form: /s/ Jack M..Sie2el Corporation Counsel LJ