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Home My WebLink AboutORDINANCES-1982-098-O-829/9/82 11/24/82 AN ORDINANCE Amending Title 6, Chapters 2, 7, and 12 Pertaining to Restaurant Definitions, Restaurants as Special Uses, and Drive -In Restaurants WHEREAS, the Evanston Zoning Amendment Committee conducted public hearings beginning on_April 15, 1982, with continuances to May 6, 1982, June 3, 1982; July 1,.1982, July 22, 1982, August 5, 1982, and September 2, 1982, upon petition by the McDonald's Corporation to consider revisions to the Evanston Zoning Ordinance pertaining to the definition and location of drive-in facilities and restaurants with drive-in facilities, said public hearings hav- ing been conducted pursuant to.notice and publication thereof in the manner prescribed by law; and WHEREAS, based upon evidence presented at those hearings, findings of fact, consideration of existing conditions, conservation of property values, and the direction of building development to the best advantage of the entire • City, the Zoning Amendment Committee has recommended that certain amendments are clearly favored by a preponderance of the evidence and are required for the public good; and WHEREAS, based on further consideration of the record the Planning and Development Committee of the City Council has made certain revisions to the recommendations; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Title 6, Chapter 2, of the Evanston City Code, 1979, Section 6-2-4, Definitions, be amended so that the definition of "RESTAURANT" reads as follows: RESTAURANT An establishment which serves prepared food and/or beverages to customers for consumption on the premises at a table,'booth, or counter. Restaurants do not in- clude "fast-food restaurants" or "drive-in restaurants". •' and so the definition of "DRIVE-IN RESTAURANT" shall be amended to read as follows: DRIVE-IN An establishment which delivers prepared food and/or RESTAURANT beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles for consumption,either on or off the premises. 9/9/82 11/24/82 and so a new definition to be inserted after "FAMILY" and before "FENCE" for "FAST-FOOD RESTAURANT" shall read as follows: FAST-FOOD An establishment which serves prepared food and/or RESTAURANT beverages for consumption off the premises in con- tainers suitable for carry -out, regardless of whether or not it also serves prepared food and/or beverages to customers for consumption on the premises. Fast-food restaurants do not include "drive-in restau- rants." SECTION 2: That Title 6, Chapter 7, of the Evanston City Code, 1979, as amended, be and hereby is further amended so that Section 6-7-1(A) shall read as follows: GENERAL REQUIREMENTS. 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 and drive-in restaurants, vending machines and restaurants in the districts where such uses are allowed. SECTION 3: That Title 6, Chapter 7, of the Evanston City Code, 1,979, as amended, be and hereby is further amended to delete from Section 6-7-2-2(E) SPECIAL USES, the following phrase: "eating establishments other than 'restaurant' or 'drive-in restaurants' as defined herein," and by amending Section 6-7-2-2(F) SPECIAL USES, to insert before "Food Cooperatives," the following: "Fast-food Restaurants." SECTION 4: That Title 6, Chapter 7, of the Evanston City Code, 1979, as amended, be and hereby is further amended so that Section 6-7-3-2, SPECIAL USES, be amended to add new Sub -section (B) to read as follows: (B) C2 and C3 Districts"Drive-in Restaurants, provided: (1) no new drive-in restaurant may be installed within 300 feet of a school, church, synagogue or other place of worship, hospital or nursing home, residential district or of another drive-in restaurant or drive-in facility; provided, however, that drive-in capacity may be added at sites containing existing restaurants at such locations if the applicable special use standards are satisfied, • (2) the lot is not less than 200 feet wide with not less than 20,000 square feet of lot area, (3) that if said lot is across an alley from a residential district or a residential building, access by passenger automobiles to said alley from the drive-in restaurant shall be prohibited, and that the portion of the lot accessible to passenger automobiles shall be screened -2- r 9/9/82 11/24/82 12/2/82 from said alley by not less than an eight -foot (8') high solid wall or solid fence, set back not less than three feet (3') from the alley lot line, (4) parking areas and parking lots shall have any illumination shielded from adjoining property and rights -of -way in accordance with Section 6-9-2-9(D), and shall be screened in accordance with Section 6-9-2-9(C), • (5) all other exterior illumination shall be confined to the ! site and shall not cast direct light or glare upon ad- jacent properties or rights -of -way, i (6) all outside trash and garbage receptacles (except those intended for use by the customer) shall be located within j a six-foot (6') high opaque enclosure that shall be pro- vided with opaque gates of the same height, i i N (7) the operator clean up the area within not less than 100 yards of the facility so as to keep the area free of litter, and (8) no playground or recreational equipment, statues or pieces of sculpture are provided. In addition to the special use regulations and standards in Section 6-12-7, drive -'in restaurants shall be subject to the standards in Section 6-12-10, and shall be further amended by relettering existing "B" to "C". SECTION 5: That Title 6, Chapter 12, of the Evanston City Code, 1979, as amended, be and hereby is further amended so that a new Section 6-12-10 shall -be added to read as follows: I DRIVE-IN RESTAURANTS. ' Special use treatment of -drive-in restaurants is based upon recog- nition of the growing popularity of these facilities, the conven- ience they provide to the public, that many of the Manufacturing and Commercial Districts (in which drive-in restaurants are listed as special uses) are located in close proximity to residential districts, and the many ways they exert a negative impact on j nearby properties if they are not carefully designed and operated. It is also apparent that adding a drive-in (or "drive -through") capacity to an existing restaurant or fast-food restaurant will produce less impact on a neighborhood than introducing a drive-in restaurant where no restaurant previously existed. At most loca- tions it will, therefore, be more difficult for a proposed new •facility to satisfy the special use standards than for a proposal •to add a drive-in to an existing restaurant. In conjunction with and in addition to`application of the special use standards set forth in Section 6-12-7(C), special considera- tion shall be given to the potential negative impact the proposed drive-in may have regarding vehicular traffic, pedestrian traffic, air quality and odor, litter, noise, lighting, hours of operation, and the tendency of such facilities to concentrate in one area, thus exacerbating the potential negative impact. The application shall contain all information necessary to demonstrate compliance with the applicable zoning regulations, including, but not • i limited to: (1) a traffic analysis demonstrating that the surrounding street system is adequate to absorb the traffic volume expected to be generated without significant disruption of traffic, and (2) a traffic plan, .including, but not limited to, adequate in- ternal (on -site) vehicular and pedestrian circulation and suitable ingress and egress, -3- i i • l 9/9/82 11/24/82 and shall be further amended by renumbering existing Section 6-12-10, FEES, to be 6-12-11. { SECTION 6: All ordinances or parts of ordinances in conflict here- with are hereby repealed. j SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner_provided by law.. I /�1�i,�t Introduced: Z Y , 1982. Adopted: 1982. I Approved:�� %/�O 1982 '10 { �Ma or �j ATTEST' City Clerk App oved as to fora Corporation Counsel i -4-