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HomeMy WebLinkAboutORDINANCES-1987-015-O-87• • • I 15-0-87 j AN ORDINANCE 2/3/87 2/4/87 2/5/87 Amending Various Sections of the City of Evanston Zoning Ordinance, Title 6 of the Evanston City Code, Pertaining to Restaurants WHEREAS, the City Council of the City of Evanston referred to the Zoning Amendment committee a proposal to consider amending the Zoning Ordinance definitions and pertinent regulations governing "Restaurants," "Fast -Food Restaurants," and "Drive -In Restaurants" to clarify the distinctions among various types of restaurants and minimize potential adverse impact such uses may have on surrounding properties; and WHEREAS, the Zoning Amendment Committee conducted public hearings on said City Council reference on August 1, 1985 and from time to time thereafter during 1985 and 1986, concluding on March 6, 1986, all pursuant to notice and publication in the manner prescribed by law; and WHEREAS, the Zoning Amendment Committee has j recommended, based upon the evidence presented, findings of fact, existing property values and the direction of building development to the best advantage of the entire city, all as set forth in its comprehensive report dated March 6, 1986, that i the Evanston Zoning Ordinance be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 6-2-4 of the Evanston City Code, 1979, as amended, be and hereby is further amended by deleting the terms and definitions of DRIVE-IN RESTAURANT, FAST-FOOD RESTAURANT and RESTAURANT and ; by adding the following terms and definitions in proper i alphabetical sequence: RESTAURANT, An establishment in which the TYPE (1) principal use is the service of prepared food and/or beverages for 15-0-87 • U consumption on the premises. All service of prepared food and/or beverages for consumption on the premises shall require customers to order at a table, booth or dining counter with service by a waiter or waitress at said table, booth or dining counter and shall also require the use of reuseable (non -disposable) flatware and dishware. Drive-in facilities are prohibited. RESTAURANT, An establishment in which the TYPE (2) principal use is the service of prepared food and/or beverages for consumption on and/or off the premises and which is not a "RESTAURANT, TYPE (1)" as defined herein. This definition shall not include establishments where incidental prepared food and/or beverage service is accessory to a bakery, grocery store, catering establishment, convenience grocery store, food store, meat market or other similar principal use nor shall it include cafeterias that are accessory to hospitals, schools or other similar principal uses. SECTION 2: That Section 6-2-4 of the Evanston City Code, 1979, as amended, be and hereby is further amended by amending the definition of DRIVE-IN FACILITY to read as follows: DRIVE-IN A facility or establishment which FACILITY is designed, intended or used for (other than auto- transacting business with customers mobile service in vehicles. stations) SECTION 3: That Section 6-7-1(A) of the Evanston City Code, 1979, as amended, be and hereby is further amended to read as follows: 6-7-1: GENERAL REQUIREMENTS: (A) 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, drive-in facilities, vending machines and type (1) restaurants in the districts where such uses are allowed. Temporary Exceptions: Upon written application submitted to the City Manager not less than thirty (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 excepted duration, not to exceed seven (7) days, -2- 15-0-87 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 exception, based upon facts submitted by the applicant, will 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 (2) 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 structure. 2. The applicant shall submit to the City evidence of insurance coverage in the amount of $100,000.00/$300,000.00 over any sale for which application is made hereunder, with the City being named as co-insured thereon. 3. No applicant hereunder shall conduct a sale at any time other than between the hours of nine o'clock j (9:00) A.M. and nine o'clock (9:00) P.M. on any day pursuant to an exception granted hereunder. 4. 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 Building and Zoning to be maintained among the records of that Department. SECTION 4: That subsection 6-7-2-1(A) "C" of the Evanston City Code, 1979, as amended, be and hereby is further amended to read as follows: Cb Camera and photographic supply stores. Candy and confectionery stores. Carpet and rug stores, but not including carpet or • -3- 15-0-81 rug cleaning. Catering establishments, notwithstanding the requirements of Section 6-7-1 (D) and (E), and provided the gross floor area does not exceed 2,000 square feet. In B4 and B5 Districts, catering establishments shall not be located below the second floor. Child care services intended primarily for the care • of children of patrons of the business area. Child day care homes and night time homes, as defined herein. China and glassware stores. Christmas tree sales lots --open sales lots for the sale of Christmas trees during the month of December, including the use of a temporary structure or trailer for a sales office, provided that said sales lot is properly licensed and inspected by the City and further provided the location, access, parking arrangements and traffic control provisions are approved by the Traffic Engineer. . Clothes pressing establishments. Clothing stores. Coin and philatelic stores. Convenience blueprinting establishments, con- venience photocopying establishments, and convenience printirig establishments. Currency exchanges. Custom dressmaking. SECTION 5: That Section 6-7-2-1(A) of the Evanston City Code, 1979, as amended, be and hereby is further amended by adding a new subsection "R" as ' • i follows: F7 Restaurants, type (1) SECTION 6: That Section 6-7-2-1(B) of the Evanston City Code, 1979, as amended, be and hereby. is further amended by deleting subsection 6-7-2-1(B)2 and renumbering all subsequent subsections accordingly. SECTION 7: That subsections 6-7-2-2 "F" and "R" of the Evanston City Code, 1979, as i amended, be and hereby are further amended to read as follows: F Food cooperatives in legally established churches, not -for -profit recreational buildings and community 0 15-0-87 centers, schools and private clubs. 1IN Resale shop for apparel and accessories, in B1, B2 and B3 Districts only. Restaurants, type (2), without drive-in facilities. Retirement hotels, in Bl, B2 and B3 Districts only. SECTION 8: That subsections 6-7-3-2(A) "B" and "R" of the Evanston City Code, 1979, as amended, be and hereby are further amended to read as follows: LQ Boarding and rooming houses. Building material sales and storage and millwork. w Restaurants, type (2), with or without drive-in facilities. SECTION 9: That Section 6-7-3-2 of the Evanston City Code, 1979, as amended, be and hereby.is further amended by deleting subsection 6-7-3-2(B) and relettering the subsequent subsection accordingly. SECTION 10: That Section 6-8-2(B) of the • Evanston City Code, 1979, as amended, be and hereby is further amended to read as follows: 6-8-2: M1 RESEARCH AND DEVELOPMENT DISTRICT: I (B) PERMITTED USES, WHERE SITE IS LESS THAN ONE ACRE: Any site of one acre or more may be developed only as a planned development. 1. Offices, business, professional and public, including but not limited to, any public or private office use for associations, institutions and trade organizations. 2. Type (1) restaurants. i 3. Accessory uses to the above permitted uses. SECTION 11: That Section 6-8-2(C) of the Evanston City Code, 1979, as amended, be and hereby is further amended by adding a new subsection 6-8-2(C)2d as follows: 6-8-2: • (C) SPECIAL USES: 1. Planned developments. i -5- I 15-0-87 2. The.following additional uses may be allowed if approved as part of a planned development: a. Research and testing laboratories. b. Product development. • C. Light industrial plants limited to the following: Advertising displays Camera and photo equipment except film Electronic products Jewelry Leather goods Pharmaceutical product compounding Precision instruments such as optical, medical and drafting instruments d. Restaurants, type (2), with or without drive-in facilities. SECTION 12: That Section 6-8-4(C) of the Evanston City Code, 1979, as amended, be and hereby is further amended as follows: (C) SPECIAL USES: 1. Any other manufacturing, fabricating, assembling or disassembling, repairing, storing, cleaning, servicing or testing establishment, subject to all the provisions of Section 6-8-1. • 2. Airports. 3. Amusement establishments including bowling alleys, pool halls, dance halls and skating rinks. 4. Cargo and freight -terminals. 5. Motels. 6. Planned developments. 7. Radio and television towers. 8. Restaurants, type (2), with or without drive-in facilities. 9. Scrap metal recycling where all activities, including the storage of waste, raw or finished materials, are conducted only within an enclosed structure. SECTION 13: That Section 6-8-5(C) of the Evanston City Code, 1979, as amended, be and hereby is further amended as follows: 6-8-5(C): SPECIAL USES: • 1. Any other manufacturing, fabricating, assembling, disassembling, repairing, storing, cleaning, servicing 15-0-87 testing establishment, except those prohibited in Section 6-8-1. 2. Airports. 3. Junk yards. 4. Planned developments. • 5. Public transit and public transportation facilities including, but not limited to, terminals, parking areas, service buildings and garages. 6. Radio and television towers. 7. Restaurants, type (2), with or without drive-in facilities. SECTION 14: That Section 6-9-2-10(V) of the Evanston.City Code,1979, as amended, be and hereby is further amended as follows: (V) Restaurants, type (1) 1 parking space for and type (2) each 200 square feet of floor area in excess of 2000 square feet. SECTION 15: That Section 6-12-10 of the Evanston City Code, 1979, as amended, be and hereby is further amended as follows: • 6-12-10: TYPE.(2) RESTAURANTS: .(A) STATEMENT OF PURPOSE: Special use treatment of type (2) restaurants in Evanston is based upon the fact that many of the business, commercial and manufacturing districts (in which such restaurants are listed special uses) are located in close proximity to residential districts and uses, and that such restaurants may exert a negative impact on all nearby properties if they are not carefully designed and operated. (B) ADDITIONAL STANDARDS APPLICABLE TO TYPE (2) RESTAURANTS: In conjunction with and in addition to the special use standards set forth in Section .6-12-7, the Zoning Board of Appeals shall give special consideration to the potential negative impact that a proposed type (2) restaurant (with or without drive-in facilities) may exert on the surrounding neighborhood arising from the following: lot size; the relationship of.the size of the proposed restaurant to the size of the lot; the concentration of other type (2) restaurants in one area; excessive signage; trash receptacle size, number and screening; buffering.of adjacent residential uses; air quality and odors; noise; ingress and egress; hours of operation,and the • potential for the site to become a nuisance. The special use application for all type (2) restaurants shall also contain the information necessary to demonstrate that the proposed restaurant will satisfy -7- 15-0-87 • • the following additional requirements: 1. A traffic and parking impact study demonstrating that the expected traffic (both vehicular and pedestrian) and on -street parking impact on the surrounding neighborhood resulting from the proposed type (2) restaurant will not unduly burden the capacity of the streets in the neighborhood by exceeding the traffic and on -street parking impact that would be expected to arise from other uses permitted at the site. 2. A litter collection plan that obligates the type (2) restaurant operator to keep the area surrounding said restaurant free of restaurant litter for a specified distance that is appropriate to the nature, ! operation and location of.the restaurant. I 3. Such additional studies, plans and information as may be requested by the Zoning Board of Appeals to assist the Board in making an informed recommendation on the special use. 4. A lighting plan requiring all illumination on the site to be so shielded as to protect adjoining property or rights -of -way from direct light or glare. 5. If the proposed type (2) restaurant site is located across an alley from a residential district the following requirements shall also apply: a. A vehicular traffic plan shall be submitted which demonstrates that patron ingress to and egress from the site shall only be via a street. b. The alley lot line shall be screened by a solid wall or fence with a minimum height of eight ( 8 ) feet. SECTION 16: All ordinances or parts of ordinances in conflict herewith are hereby.repealed. SECTION 17: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: 1987. Adopted: 1987. Appra ed:, i y t� Mayor ATTEST: � w City Clerk App oved as tiform: Co potion ounsel 1987.