HomeMy WebLinkAboutORDINANCES-2008-126-O-08• Effective date: December 26, 2008 11/24/2008
11 /14/2008
126-0-08
AN ORDINANCE
Amending Section 6-18-3 of the Zoning Ordinance to Exclude
Firearms -Related Businesses from the Definitions of
"Retail Goods Establishment" and
"Retail Services Establishment"
WHEREAS, on September 17, 2008, pursuant to proper notice, the
Zoning Committee of the Plan Commission held a public hearing in case no.
ZPC 08-PLND-0098 to consider amending the text of Section 6-18-3 of the
• Evanston City Code of 1979, as amended ("the City Code"), to exclude
businesses related to the transfer of firearms and ammunition from the
definitions of "Retail Goods Establishment" and "Retail Services Establishment",
received testimony, made a verbatim transcript, and recommended approval of
the application for a text amendment to the Plan Commission; and
WHEREAS, on October 15, 2008, pursuant to proper notice, the
Plan Commission held a public hearing, received testimony, made a verbatim
transcript, found that the proposed amendments met the standards for text
amendments to Title 6 of the City Code, as amended ("the Zoning Ordinance"),
and recommended City Council approval thereof; and
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126-0-08
WHEREAS, at its November 24, 2008 meeting, the Planning and •
Development Committee of the City Council considered, amended, and adopted,
as amended, the findings and recommendation of the Plan Commission in case
no. ZPC 08-PLND-0098 and recommended City Council approval thereof; and
WHEREAS, at its December 8, 2008 meeting, the City Council
considered and adopted the respective records and recommendations of the
Plan Commission and the Planning and Development Committee, as amended,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are found as fact and
incorporated herein by reference.
SECTION 2: That the definition of "Retail Goods Establishment" •
found in Section 6-18-3 of the Zoning Ordinance, as amended, is hereby further
amended to read as follows:
RETAIL GOODS ESTABLISHMENT: A building, property, or activity, the
principal use or purpose of which is the sale of goods, products, or merchandise
directly to the consumer. "Retail goods establishment" shall include, but not be
limited to, department stores, hardware stores, apparel stores, art galleries, and
other uses similar in nature and impact. "Retail goods establishment" shall not
include -dealers in firearms, handguns, or ammunition, or any use or other type of
establishment that is otherwise listed - specifically in a zoning district as a
permitted or a special use.
SECTION 3: That the definition of "Retail Services Establishment"
found in Section 6-18-3 of the Zoning Ordinance, as amended, is hereby further
amended to read as follows:
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RETAIL SERVICES ESTABLISHMENT: A building, property, or activity, the
principal use or purpose of which is the provision of personal services directly to
the consumer. The term "retail services establishment" shall include, but shall
not be limited to, barbershops, beauty facilities, laundry and dry-cleaning
establishments (plant off -premises), tailoring shops, shoe repair shops and the
like. "Retail services establishment" shall not include: businesses that exchange,
loan, rent, manufacture, service, alter, repair, or otherwise transfer for
consideration, firearms, handguns, or ammunition; tattoo facilities; or any use
that is otherwise listed specifically in a zoning district as a permitted or a special
use.
SECTION 4: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5: That 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.
SECTION 6: That this ordinance shall be in full force and effect
from and after its passage, approval and publication in the manner
provided by law.
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Ayes: 9
Nays: 0
Introduced: 1 '(, 2008 Approved:
Adopted: 2008
�orraine H. Morton, Mayor
V , 2008
Attest: Approved as to f
Mayoe rress, Deputy City Clerk Elke B. Tober-Pufrze, I
First Assistant Corp ion Counsel
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