HomeMy WebLinkAboutORDINANCES-1969-078-O-6953
"EXHIBIT E'
ORDINANCE NO,
i
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 Public Works and Buildings, Division of Highways,
have entered into an agreement relative to the improvement of
Sheridan Road, State Section 1969-4W-R&L, from Juneway Terrace
to South Boulevard; City Section 92CS,
and,.
WHEREAS, in order to facilitate said improvement, it is
necessary for the CITY to adopt an ordinance regulating encroach-
ments on the right of way for said improvement in accordance with
the following definition:
• 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 Riqht of Way is defined as those areas within the
project right of way lines established jointly by the CITY
and STATE, 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 line and which does not impair the'free and safe flow
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• 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 that area lying be-
tween the project -right of way limits and the platted street
limits within which the CITY, by concurrence in the establish-
ment of the project right of way lines, will permit the STATE
to enter to.perform all necessary construction operations;
and,
WHEREAS, representatives of the CITY and the STATE, have,
by visual inspection, cooperatively established project right of
way lines and have mutually determined the disposition of
encroachments;
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 ENCROACMIENT (hereinabove defined), except as
provided in Section 3, 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 been established
at the following locations:
NO ENCROACHMENTS
Section 3: Revocable permits have been issued by the STATE
for the temporary retention of the following PEP14ISSIBLE ENCROACH- 4
ments.(hereinabove defined):
NO ENCROACMIENTS
Section 4: This ordinance is intended to and shall be in
addition to all other ordinances, rules and regulations concerning
encroachments and shall not be construed as repealing or rescinding
any other ordinance or part of any ordinance unless in direct
conflict therewith.
r -3- .. 5 5 .
Section 5: Any person, firm or corporation violating
this or?inance shall be fined not less than -fw4y r y— FOVF
nor more than 4rtviL "vNV6'jV ($ 5pp *^") for each
offense, and a separate offense shall be deemed cormitted for
each and every day during which a violation continues or
exists. i
Section 6: This ordinance shall be published
time(4 within 10 days after its passage in a newspaper
having a general circulation in the s?Y' of ��/Awis'rOt✓
, Illinois, and shall be in full force and effect
after its passage, publication and approval as provided by law.
Passed d approved this
day o 7 � 1 19
Mayor
• ATTEST:
Cl-r f Clerk