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HomeMy WebLinkAboutG16-19 Ordinance No. G16-19 AN ORDINANCE AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" WHEREAS, a written application has been made to amend Chapter 19.5d of the Elgin Zoning Ordinance entitled "Street Graphics"; and WHEREAS, the Planning and Zoning Commission has held a public hearing concerning the proposed amendments after due notice in the manner provided by law; and WHEREAS, the Community Development Department and the Planning and Zoning Commission has submitted their written findings and recommendation that the requested amendments be granted; and WHEREAS, the City Council concurs with the findings and recommendation of the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,zoning,including but not limited to,regulations in the city's zoning ordinance relating to street graphics, pertain to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated March 4, 2019 made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Section 19.50.020 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions" be and is hereby further amended by adding thereto the following the definition of"Mural" to read as follows: "MURAL: A hand painted or handmade work of visual art that is either affixed to or painted directly on the exterior wall of a structure with the permission of a property owner. Examples of murals include hand painted images or mosaics comprised of individual tiles or other like material. A mural does not include: mechanically produced or computer generated prints or images, including but not limited to digitally printed vinyl; electrical or mechanical components; or changing image art display." Section 3. That Section 19.50.080 of the Elgin Municipal Code, 1976, as amended, entitled "Wall and Integral Roof Graphics" be and is hereby further amended by adding a new subparagraph J thereto entitled "Mural" to read as follows: "J. Mural: An authorized mural conforming to the provisions of subsectilon 19.50.090 M. of this Chapter shall not count against the maximum number or the maximum surface area allowed for wall and integral roof graphics." Section 4. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended, entitled"Special Street Graphics" be and is hereby further amended by adding a new subparagraph M thereto entitled "Mural" to read as follows: "M. Mural. Murals may be located only in compliance with the provisions of this section and the other provisions of this chapter. 1. Murals shall be allowed only in the CC 1 Center City District, as well as the like Planned Development Districts. 2. Murals shall not be placed on a building which is used exclusively for a residential principal use, shall not extend more than six (6) inches from the plane of the wall upon which it is painted or to which it is affixed,and shall not extend above the top of the wall upon which it is painted or to which it is affixed. 3. Murals shall not cover or interrupt major architectural features, such as doors, exits, and windows. 4. Murals shall contain less than three percent(3%) text. 5. Murals are limited to one(1)wall per building or one(1) side of a structure, and no more than one (1) mural per zoning lot [SR]. 6. The property owner shall not be compensated for the displaof the mural or the right to place the mural on a site." Section 5. That Section 19.50.110 of the Elgin Municipal Code, 1976, as amended, entitled "Prohibited" be and is hereby further amended by amending subparagraph 0 thereof to read as follows: "0. Painted Wall Graphics, But Not Including Murals." Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 7. That this ordinance shall be in full force and effect upon it$ passage and publication in the manner provided by law. David J. Kapta. , Ma i r 2 Presented: April 24, 2019 Passed: April 24, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: April 24, 2019 Published: April 26, 2019 `C- ,OF ESC 4 �-I/I Attest: • Clerkheala: 111( imberly Dewis, � 3 ATTACHMENT A March 4, 2019 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 04-19, an application by the City of Elgin to amend Chapter 19.50, "Street Graphics" of Title 19, "Zoning", of the Elgin Municipal Code, 1976 as amended, to provide a definition and regulations for murals.. GENERAL INFORMATION Petition Number: 04-19 Requested Action: Amend Chapter 19.50 of the Zoning Ordinance, "Street Graphics" to provide a definition and regulations for murals Applicant: Marc Mylott as Development Administrator Staff Coordinator: Damir Latinovic,AICP, Senior Planner Exhibits Attached: A. Development Application B. Draft Ordinance C. Public Art Plan BACKGROUND The Elgin Cultural Arts Commission is actively looking to provide more public art throughout the community,and one of those forms of art is murals.And while this effort certainly has great public benefit, care must be taken to ensure that murals are not simply used as another form of signage. The intent of this amendment is to strike a balance between the very appropriate desire to have murals in the city against the very appropriate limitations established by the sign provisions of the Zoning Ordinance. The proposed amendment is based upon staff review of ordinances from many municipalities as well as model ordinances recommended by professional organizations. Recommendation & Findings of Fact Petition 04-19 March 4, 2019 Currently, murals are classified as a painted wall graphic (sign) and are a prohibited type of sign. The proposed amendment first defines murals and excludes them from this prohibited category of signs. iii, -71- • N...,___2,.1“1, t"---. The proposed definition of murals is: A hand painted or handmade work of `' ° -----.- visual art that is either affixed to or t painted directly on the exterior wall of �/ �' a structure with the permission of a property owner. Examples of murals . ` t,a s ` include hand painted images or -- _- , ' mosaics comprised of individual tiles i' - . or other like material. A mural does Nillita"' not include: mechanically produced Figure 2."Dance the Dance My Girl"by Cano&De La Mora for the or computer generated prints or 2017 Vancouver Mural Festival,Vancouver,British Columbia. images, including but not limited to digitally printed vinyl; electrical or mechanical components; or changing image art display. Next,the amendment places murals within the category of"special street graphic"and establishes that one mural per zoning lot is allowed within the CC 1 Center City District. Murals may not be placed upon a building that contains a dwelling unit(s). The size of the mural is limited to one wall of a building or side of a structure, and the mural cannot extend above the top of the wall upon which it is painted or affixed,and it cannot cover or interrupt major architectural features, such as doors,exits, and windows. This provision has long applied to any wall graphic, not just murals. Text within a mural is limited to no more than 3 percent of the area of the mural, and the overall area of a mural will not count against the allowable amount of signage otherwise afforded the building/business(es). Murals must apply for and receive a sign permit, and the fee for a sign permit is $100 if non- illuminated and$160 if illuminated. A property owner cannot be compensated for the display of a mural or the right to place a mural on the zoning lot. Finally, the current sign code exempts any sign(1) owned by the City and located within a public right-of-way and/or (2) which cannot be viewed from a public right-of-way. This amendment - 2 - Recommendation & Findings of Fact Petition 04-19 March 4, 2019 would not change those exemptions. As such, a mural owned by the City and located within a public right-of-way,or a mural which is not visible from a public right-of-way,is currently allowed and not subject to the proposed regulations. FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 04-19 on March 4,2019.Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Development Application Review and Written Findings & Recommendation to the Planning & Zoning Commission dated March 4, 2019. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application: STANDARDS FOR TEXT AMENDMENTS The proposed text amendment complies with the following purposes and intent of the Zoning Ordinance (§ 19.05.300): LI Promote the public health, safety, comfort, morals, convenience, and general welfare; ❑ Conserve the taxable value of land and structures throughout the city; ❑ Establish standards to which building or structures therein shall conform; and ❑ Prohibiting uses, buildings, or structures incompatible with the character of the preservation, conservation, residence, community facility, business, and industrial zoning districts. In addition,the Comprehensive Plan includes the following objective: Encourage the use of public art in development projects and in public areas to promote and help establish the community's identity, including working with the local artist community to design, develop, and fundraise for new community art projects (see Chapter 11, Implementation Action Matrix, Image & Identity, Goal #2: Guide New Development, Public Art). RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 04-19. - 3 - Recommendation & Findings of Fact Petition 04-19 March 4, 2019 The vote of the Planning&Zoning Commission on the motion to recommend approval was three (3) yes, one (1) no, and zero(0) abstentions. Two members were absent. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic, AICP; Secretary Planning& Zoning Commission -4 - This page has intentionally been left blank.