HomeMy WebLinkAboutORDINANCES-1986-118-O-8611/4/86
11/5/86
11/26/86
118-0-86 '
AN ORDINANCE
Declaring a Moratorium on Fast Food
Restaurants and Drive -In Restaurants
• WHEREAS, numerous fast food restaurants and/or
drive-in restaurants exist in the City of Evanston; and
WHEREAS, since December, 1982, the City has received
twenty applications for either a fast food or drive-in
restaurant; and
WHEREAS, in December, 1982, the City Council, in
Ordinance 98-0-82, most recently amended the restaurant
provisions of the Zoning Ordinance; and
WHEREAS, on October 20, 1986, at City Council,
Alderman Rainey made a reference.to the Planning and
Development Committee to develop an ordinance placing a
moratorium on accepting applications for use variations and
special uses for fast food restaurants and drive-in restaurants
•
and
that the Planning
and
Development
Committee
should consider
new
zoning regulations
for
fast food
restaurants
and drive-in
restaur:ants;:and
WHEREAS, the Zoning Amendment Committee has completed
consideration of, and has recommended Zoning Ordinance
amendments regarding fast food restaurants and drive-in
restaurants; and
WHEREAS, the Planning and Development Committee will
begin consideration of the Zoning Amendment Committee's
recommendation and the impact of fast food restaurants and
drive-in restaurants on the neighborhoods and citizens of the
City; and
WHEREAS, the Planning and Development Committee and
various aldermen have received many citizen complaints and
• inquiries concerning the adverse impact upon neighborhoods of
fast food restaurants and drive-in restaurants; and
WHEREAS, pertinent sections.of the Zoning Ordinance
i
have proven inadequate as standards for the regulation and
development of fast food restaurants and drive-in restaurants
in the City; and
• WHEREAS, the construction of fast food restaurants
and/or drive-in restaurants is costly and, once completed, for
the most part irreversible; and
WHEREAS, such construction of fast food restaurants
and/or drive-in restaurants may not be within the limitation or
protection of possible new amendments to the Zoning Ordinance
regulating fast food restaurants and drive-in restaurants;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON:
SECTION 1: That pursuant to the home rule powers
of the City of Evanston a moratorium be
and is hereby imposed on all applications for fast food
restaurants or drive-in.restaurants. This moratorium is to
remain in effect until the City Council of the City of Evanston
• enacts an ordinance to regulate fast food restaurants and/or
drive-in restaurants and that said ordinance takes effect but
in no event more than 90 days following the effective date of
this ordinance. For the purpose of this ordinance, fast food
restaurants and drive-in restaurants are defined as follows:
FAST-FOOD An establishment which serves
RESTAURANT beverages for consumption off
the premises in containers
suitable for carry -out, regard-
less of whether or not it also
serves prepared food and/or
beverages to customers for con-
sumption on the premises. Fast-
food restaurants do not include
"drive-in restaurants."
DRIVE-IN RESTAURANT An establishment which delivers
food and/or beverages to customers
in motor vehicles, regardless of
whether or not it also serves pre-
pared food and/or beverages to
customers who are not.in motor
• vehicles for consumption either on
or off the premises.
SECTION,2: The City Manager shall be responsible
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•
•
•
for the enforcement of this office.
SECTION 3: Any person, firm, corporation,
association, or partnership found guilty
of violating this ordinance shall be fined not to exceed $500.
Each day.any violation of this ordinance shall continue shall
constitute a separate offense.
SECTION 4: If any provision of this ordinance
or the application thereof to any person
or circumstance is held invalid, the invalidity does not affect
other provisions or applications of this ordinance which can be
given.effect without the invalid provisions or, application.
SECTION 5: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 6: This ordinance shall be in full force
and effect from and after its passage,
approval, and publication in the manner provided by law and until
an Evanston ordinance regulating fast food restaurants and
drive-in restaurants takes effect or 90 days from the effective
date of this ordinance, whichever comes first.
Introduced: �G�t��t �� 1986.
Adopted: 91'zQ% 1986.
ATTEST:
City Clerk
App ved as to form:
Corporation Counsel
Approved: �s, 1986.
Mayor
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