HomeMy WebLinkAboutORDINANCES-1972-031-O-724t
• EXHIBIT "D"
ORDINANCE 31-0-72
An Ordinance Regulating Encroachment on
Public Right of Way 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 Transportation,
Division of Highways, have entered into an agreement relative to the improve-
ment of the Central Street, Gross Point -Ridge Road, Crawford Avenue inter-
section complex, C.H. Route 051, State Section 4040.2 I-1.
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 definition:
"R7'adway 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
United States Department of Transportation 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,line 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 lane 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;
Construction Easement Area is defined as the area lying between
the project right-of-way limits and the platted street limits with-
in which the City, by concurrence in the establishment of the project
right-of-way lines, will permit the STATE to enter to perform all ne-
cessary construction operations; and,
WHEREAS, representatives of the City, the STATE, and the United
States Department of Transportation have, by visual inspection, cooperative-
ly established project right-of-way lines and have mutually determined the
position of encroachments;
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EXHIBIT "D" ORDINANCE 31-0-72 PAGE 2
NOW, THEREFORE, BE IT ORDAINED, by the City of Evanston,
Cook County, Illinois:
Section 1: It shall be unlawful for any person, firm or
corporation, to erect or cause to be erected, to retain or
cause to be retained, any ENCROACHMENT (herein above defined)
within the limits of the project right of way or roadway right
of way where no project right-of-way lines have been established.
Section 2: Project right-of-way lines have not been established
for these improvements.
Section 3: This ordinance is intended to and shall be in ad-
dition 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 4: Any person, firm or corporation violating this
ordinance shall be fined not less than one hundred dollars ($100)
• nor more than five hundred dollars ($500) for each offense, and
a separate offense shall be deemed committed for each and every
day during which a violation continues or exists.
Section 5: This ordinance shall be in full force and effect
after its passage, publication and approval as provided by law.
PASSED AND APPROVED this 30th day
of Mav , 1972
Edgar Vanneman. ,Jr.
MAYOR
ATTEST:
•
Maurice F. Brown
CLERK