HomeMy WebLinkAboutORDINANCES-1982-077-O-8277-0-82
'AN ORDINANCE
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• Regulating Encroachmant
On Public Right of Way (Golf Road)
In the City of Evanston, Cook County, Illinois
WHEREAS, the City of Evanston, (hereinafter known as the "CITY"
and the State of Illinois, acting by and.through its Department of T�^ans-
portation, 'Division of Highways, have entered into an agreement relative to
the improvement of Golf Road -Simpson Street -Emerson Street known as F.A.U.
Route 1312, State Section 1976-063-'RS=N; City Section 82-00163-00-TL, from
U.S. Route 41 to McCormick Boulevard; and
WHEREAS, in order to facilitate said improvement it is necessary
for the CITY to adopt an ordinance:regulating encroachments on the right, -of
way for said improvement in accordance with the following definitions:
Roadway Right of Way is defined as those areas existing or acquired
by dedication or by fee simple for highway purposes; also, the
areas acquired by temporary easement during the time the easement
• is in effect;
Project Right of Way is defined as those areas within the project
right of way lines established jointly by the City, State, and the
Federal Highway Administration which will be free of encroachments
except as hereinafter defined;
Encroachment is defined as any building, fence, sign or any other
structure or object of any kind (with the exception of utilities
and public road signs), which is placed, located or maintained in,
on, under or over any portion of the project right of way or the
roadway right of way where no project right of way lines has been
established;
Permissible Encroachment is defined as any existing awning, marquee,
advertising sign or similar overhanging structure supported from a
building immediately adjacent to the limits of the platted street
where there is a sidewalk extending to the building line and which
does not impair the free and safe flow of traffic on the highway;
the permissive retention of overhanging signs is not to be construed
as being applicable to those signs supported from poles constructed
outside the project right of way line and not confined by adjacent
buildings;
WHEREAS, representatives.of the City, th.e State, and the Federal
Highway Administration have, by visual inspection, cooperatively established
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project right.of way lines and have mutually determined the disposition of
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encroachments; .
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NOW, THEREFORE, BE IT ORDAINED, by the City of Evanston, Cook
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County, Illinois: j
SECTION 1: It shall be unlawful for any person, firm or corporation!
• to erect or cause to be erected, to retain or cause to j
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be retained, any ENCROACHMENT (hereinabove defined), within the limits of the l
project right of way or roadway right of way where no project right of way
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lines have been established for Golf Road between U.S. 41 and McCormick.
SECTION 2: This ordinance is intended to and shall be in addition j
to all other ordinances, rules and regulations concern-
ing 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: Any person, firm or.corporation violating this ordinance
shall be fined,not less than one hundred dollars
($100.00) nor more than five hundred dollars ($500.00) for each offense, and
a separate offense shall be deemed committed for each and every day during
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which a violation continues or exists. i
SECTION 4: This ordinance shall be in full force and effect
from and after its passage, approval, and publication
in the manner provided by law.
Introduced- 1982
Adopted:1982
C/ Approved: 4& ,u�L /D , 1982
ATTEST:
City Clerk
Appro ed as to form:
Co ration Co nsel
0
Mayo
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