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HomeMy WebLinkAboutOrd 2927 08/07/1979 ~. ORDINANCE NO. 2927 AN ORDINANCE A}ffiNDING SECTION 9.108 OF CHAPTER 9, ARTICLE I OF THE MUNICIPAL CODE OF THE VILLAGE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES F THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS OLLOWS : . SECTION ONE: Section 9.108 of Chapter 9, Article I f the Municipal Code of the Village of Mount Prospect be, and he same is hereby amended, by deleting the first full paragraph f said Section and paragraph A30f said Section and substi- uting for said paragraphs of Section 9.108, the following aragraphs: "It shall be unlawful f6r any person firm or corporation to erect, construct, cause, . create or maintain any obstruction or encroach- ment on any street, alley, sidewalk, any other public right-of-way or on any public property except as such obstruction or enc.roachment may be authorized by this Section 9.108 or by any Qther ordinance." "A3 Encroachment is defined as any building or part thereof, fence, sign or any other structure or object of any type or nature whatsoever, with the exception of facilities for public utilities, which is placed, located or maintained in, on, under or over any street, alley, sidewalk, any other nî public right-of-way or public property or any portion of the project right-of-way or the roadway right-of-way where no project right-of-way lines has been established." . a that said Section 9.108 shall hereafter be and read as allows: SECTION 9.108 OBSTRUCTIONS AND ENCROACHMENTS REGULATED It shall be unlawful for any person, firm or corporation 0 erect, construct, cause, create or maint~in any obstruction r encroachment on any street, alley, sidewalk, any other ublic right-of-way or on any public property except as such bstruction or encroachment may be authorized by this Section .108 or by any other ordinance. A. As used herein the following words and phrases shall have the following definitions and meanings: 1. Roadway Right-of-Way is defined as those areas exist- ing or acquired by dedication or by fee simple for right- of-way purposes; also the areas acquired by temporary easement during the .time the easement.is in effect. 2. Project Right-of-Way is defined as those areas within the project right-of-way lines established jointly by the Village of Mount Prospect, State, and the united States Bureau of Public Roads which will be free of encroachments except as hereinafter defined. 3. Encroachment is defined as any building or part thereof, fence, sign or any other structure or object of any type -2- "'-. or nature whatsoever, with the exception of facilities for public .utilities, which is placed, located or maintained in, on, under or over any street, alley, sidewalk, any other public right-of-way or public property or any portion of the project right-of-way or the roadway right-of-way where no project right-of-way lines has been established. 4. Permissable Encroachment is defined as any existing awning, marquee, advertising sign or similar over-hanging structure supported from a building immediately adjacent to the limits of the platted street where there is a side- walk extending to the building line and which does not impair the free and safe flow of traffic over the highw~, the permissive retention of overhanging signs is not to be construed as being applicable to those signs supportro from poles constructed outside the project right-of-way line and not confined by adjacent buildings. 5. Construction Eâsement area is defined as the area lying .between the project right-of-way limits and the platted street limits within which the Village of l-10unt Prospect, by concurrence. in the establishment of the pr~ ject right-of-way lines, will permit the State to enter to perform all necessary construction operat~6ns. B. It shall be unlawful for any person, firm, or cor- poration to install, construct or maintain any encroach- ment within the roadway right-of-way of Golf Road, as improved, by the State of Illinois, Division of Highways, between Mount Prospect Road and the westerly corporate limits of the Village of Mount Prospect, under project known as Golf (Evanston-Elgin) Road (F A Route 58) SBI State Section 582-R and 582-R.l. -3- ~. c. It shall be unlawful for any person, firm, or cor- poration to erect or cause to be erected, to retain or to be retained, any encroachment (hereinabove defined) within the existing rights-of-way at the Intersection of U. S. Route 14 (F.A.P. Route 20) and Central Road (F.A.S. 124), State Section 27-CS. D. . It shall be unlawfúl for any person, firm, or cor- poration to erect or cause to be erected, to retain or to be retained, any encroachment (hereinabove. defined) within the roadway rights-of-way Illinois Route 83, (F.A.S. Route 124) as improved, by the State of Illinois, Division of Highways, between Evergreen Avenue and Central Road (F.A.S. Route 128) in the Village of Mount ,Prospect, under the project known as Mount Prospect Section 44-CS, M.F.T. E. It shall be unlawful for any person, firm, or cor- poration to erect or cause to be erected, to retain or cause to be retained, any encroachment (hereinabove defined), within the roadway rights-of-way of Euclid Avenue throughout the jurisdiction and the corporate limits of the Village of Mount Prospect as said Euclid Avenue is improved by the State of Illinois, Division of Highways, in the Village of Mount Prospect, under the project knOwn as "Section 111-0608-M.F.T. SECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. -4- ~ PASSED THIS 7th DAY OF August , 1979 AYES: 5 NAYS: 0 ABSENT: 1 APPROVED THIS 7th DAY OF August , 1979 ~ #; 1:-... . VILLAGE P ID T ' - ATTEST: / ~ '., -5-