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HomeMy WebLinkAboutG87-04 Ordinance No. G87-04 AN ORDINANCE AMENDING TITLE 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED (Off-Premises Signs) WHEREAS, written application has been made to amend the Elgin Zoning Ordinance provisions pertaining to off-premises signs; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendment after due notice in manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council concurs in the findings and recommendation of the Planning and Development Commission; and WHEREAS, the City Council has determined that the success of the billboard or outdoor advertising business depends entirely upon the occupation of places along the sides of highways or near parks and other similar public places; and WHEREAS, the City Council recognizes that off-premise signs commonly referred to as billboards and outdoor advertising signs constitute a use of the public's investment in the roadways and other public places rather than a use of private property and that the only real value of a sign or billboard lies in its proximity to the public thoroughfares within public view; and WHEREAS, the City Council has determined that the visual blight created by off- premise signs is a detriment to the city's public thoroughfares; and WHEREAS, the City Council has determined that a prohibition on the creation of any off-premises signs and the amortization of existing off-premise signs in the city is in the best interest of the public welfare NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Incorporation of Recitals. The foregoing recitals are substantive and are hereby incorporated in this ordinance as though fully set forth herein. Section 2. That chapter 19.50 entitled "Signs," of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending section 19.50.050, entitled "Signs Prohibited,"to read as follows: "The following "signs" [SR] or sign characteristics are expressly prohibited, excepting similar signs or sign characteristics specifically allowed by another section of this Chapter: "animated signs" [SR], "attention-getting devices" [SR], "beacons" [SR], "flashing signs" [SR], inflatable signs and tethered balloons, off-premise signs" [SR], "painted wall signs" [SR], "pennants" [SR], "projecting signs" [SR], "portable signs" [SR], "festoon lighting illumination" [SR], graffiti, "roof signs" [SR], "unsafe signs" [SR], "obsolete signs" [SR] and"vehicle signs" [SR]." Section 3. That Section 19.50.095 entitled "Signs for Planned Center City Districts" of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed in its entirety. Section 4. That chapter 19.50 entitled "Signs," of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding new section 19.50.125, entitled "Amortization of Existing Off-Premise Signs,"to read as follows: "19.50.125: AMORTIZATION OF EXISTING OFF-PREMISE SIGNS Amortization of Existing Off-Premise Signs. This section provides for a period of continued use of a nonconforming "off-premise sign" [SR] in existence as of the effective date of this ordinance. During this period of use, it is expected that the sign may be amortized on federal income taxes; however, whether the "off-premise sign" [SR] may be so amortized shall not affect the application of this section. Similar treatment shall be accorded to an existing "off-premise sign" [SR] in an area annexed to the city after the effective date of this ordinance. A. Amortization Period; Conditions. Notwithstanding the provisions of section 19.50.130 of this chapter, or chapter 19.52 of this Title, an "off-premise sign" [SR] existing as of the effective date of this ordinance shall be removed not later than November 1, 2011, provided, however, that the amortization period established by this section may be used only if the "off-premise sign" [SR] retains its nonconforming status in accordance with the provisions of this section. The provisions of this section shall not apply to any "off-premise sign" [SR] located along a federal aid primary highway or an interstate highway for which sign compensation is regulated by federal law and was erected and is permitted and maintained in compliance with federal regulations. B. Notification of Nonconforming Off-Premise Sign. The Development Administrator shall, as soon as practical, survey the city to determine the location of all "off-premise signs" [SR]. When an "off-premise sign" [SR] has been identified, the Development Administrator shall use reasonable efforts to determine the identity the owner of the "off-premise sign" [SR] and, where practical, the owner of the property on which the "off-premise sign" [SR] is located and provide written notification to each identified party. The Development Administrator's written notification shall apprise each identified party of the "off-premise sign's" [SR] nonconformity with the provisions of this chapter and of the amortization period established by this section. 2 If the identity of the owner of the "off-premise sign" [SR] or owner of the property on which the "off-premise sign" [SR] is located cannot be determined after reasonable inquiry, the Development Administrator's notice may be affixed in a conspicuous place on the "off-premise sign" [SR]. A file shall be established in the Department of Code Administration and Development Services and a copy of the notice and certification of posting shall be maintained for records. C. Registration of Nonconforming Off-Premise Sign. The owner of any"off-premise sign" [SR] and the owner of the property owner upon which such "off-premise sign" [SR] is located shall register such "off-premise sign" [SR] with the city. The registration certificate shall be obtained by the owner of the "off-premise sign" [SR] and the owner of the property owner upon which such "off-premise sign" [SR] is located within sixty (60) days of notification by the Development Administrator. The registration certificate shall be issued and shall expire at the end of the applicable amortization period prescribed in subsection A of this section. The registration certificate for an "off-premise sign" [SR] shall contain the name and address of the owner of the "off-premise sign" [SR] and the owner of the property upon which the "off-premise sign" [SR] is located and such other pertinent information as the Development Administrator may require to ensure compliance with this chapter, including, but not limited to, proof of the date of installation of the "off-premise sign" [SR]; the structural configuration and components of the "off-premise sign" [SR] existing at the time of registration; the existing height, width, surface area and illumination of the "off-premise sign" [SR]; and, the existing location of the "off-premise sign" [SR] on the property upon which it has been erected. An "off-premise sign" [SR] for which no registration certificate has been issued within the sixty (60) day period of notification from the Development Administrator, or for which a registration certificate has been revoked by the Development Administrator, shall be removed within six (6)months from the date of the applicable action of the Development Administrator. D. Loss of Nonconforming Status. An "off-premise sign" [SR] shall immediately lose its nonconforming status if: 1. The existing structure of the "off-premise sign" [SR] is altered in any way, including but not limited to, its height, width, surface area and illumination; or 2. The"off-premise sign" [SR] is relocated or repositioned to a location other than that in which was identified on the registration certificate; or rik 3 r► 3. The "off-premise sign" [SR] is replaced. For the purposes of this subparagraph, replacement shall refer to structural replacement and not change of"copy," panel or lettering; or 4. No "off-premise sign" [SR] registration is filed by the owner of the "off- premise sign" [SR] and the owner of the property upon which the "off-premise sign" [SR] is located within sixty (60) days following notification by the Development Administrator that the "off-premise sign" [SR] is nonconforming and that a registration certificate must be obtained. Upon any of the above-referenced circumstances taking place, any registration certificate designating an "off-premise sign" [SR] as nonconforming and subject to the amortization provisions of this section shall become void. The Development Administrator shall notify the owner of the "off-premise sign" [SR] and the owner of the property upon which the "off-premise sign" [SR] is located of the registration certificate's revocation and the "off-premise sign" [SR] shall be removed in accordance with subsection C of this section. E. Off-Premise Sign Maintenance and Repair. Nothing in this section shall relieve the owner of any "off-premise sign" [SR] and the owner of the property upon which the "off-premise sign" [SR] is located from the provisions of this Code regarding safety, maintenance and repair of signs, provided, however, that any repainting, replacement of "copy," panels and/or lettering, cleaning and other normal maintenance or repair of the "off-premise sign" [SR] or its structure shall not modify the "off-premise sign" [SR] or its structure in any way which is not in compliance with the requirements of this Title or the "off-premise sign" [SR] will lose its nonconforming status and have its registration certificate revoked. F. Penalties. Any person including, but not limited to, the owner of any"off-premise sign" [SR] and the owner of the property in which an "off-premise sign" [SR] is located, violating any of the provisions or failing to comply with any of the mandatory requirements of this section shall be guilty of an offense. Any person convicted of an offense under this section, in addition to other legal and equitable remedies available to the city, shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1000.00). Any such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this section is committed, continued or permitted by such person, and such person shall be punished accordingly." Section 5. That chapter 19.50 entitled "Signs," of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending section 19.50.130, entitled "Existing Lawful Signs,"to read as follows: 4 "19.50.130: EXISTING LAWFUL SIGNS A. Conformance To Previous Regulations: Any "sign" [SR] which does not conform to all of the provisions of this Chapter, but such sign was established lawfully prior to the effective date hereof or prior to any subsequent amendment hereto to which such sign is not in conformance, such lawfully established sign shall be regarded as nonconforming. B. Nonconforming Signs: Nonconforming signs may continue to be utilized subject to the following regulations: 1. No nonconforming sign shall be expanded; altered in any manner so as to prolong the life of the sign; or changed in any manner to another nonconforming sign, except that the copy, message, or graphic on a nonconforming sign may be changed, as well as that minimal nonstructurally supporting component of the sign surface on which the copy, message or graphic is affixed, which must be replaced in order to affect such a change to the copy, message or graphic. 2. No nonconforming sign shall be reused subsequent to becoming an "obsolete sign" [SR] for three hundred and sixty—five (365) consecutive days. When a nonconforming, "obsolete sign" [SR] exists for a period of one year, there shall exist a rebuttable presumption that the nonconforming sign was intended to be abandoned and the nonconforming sign shall not thereafter be reestablished. 3. No nonconforming sign shall be reestablished subsequent to its discontinuance for three hundred and sixty—five (365) consecutive days. When a nonconforming sign has been discontinued for a period of one year, there shall exist a rebuttable presumption that the nonconforming sign was intended to be abandoned and the nonconforming sign shall not thereafter be reestablished. 4. No nonconforming sign shall be reestablished subsequent to damage or destruction in an amount exceeding fifty percent (50%) of the fair market value of such sign. 5. "Off-premise signs" [SR] shall be removed in accordance with Section 19.50.125 of this Chapter." Section 6. That chapter 19.50 entitled "Signs," of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding a new section 19.50.135 thereto, entitled "Controlling Provisions,"to read as follows: "19.50.135: CONTROLLING PROVISIONS The provisions of Section 19.50.125 and Section 19.50.130 are intended to be the controlling provisions for nonconforming signs and in the event of any conflict between 5 fr.' the provisions of such sections and the provisions of Chapter 19.52 of this Title the provisions of Section 19.50.125 and Section 19.50.130 shall control with respect to nonconforming signs." Section 7. That chapter 19.50 entitled "Signs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 19.50.140, entitled "Sign Permits,"to read as follows: "19.50.140: SIGN PERMITS: A. Permits Required: No person, including, but not limited to, the owner of any property upon which a sign is located or proposed to be located, shall erect, construct, relocate, alter or change in any manner any sign without first having obtained a sign permit therefor issued by the Code Enforcement Officer, except such signs which are exempted by Section 19.50.060 of this Title. Routine sign maintenance shall not be considered a change or an alteration provided that the routine maintenance does not cause such sign to become nonconforming. B. Permit Application: An application for a sign permit shall be directed to and filed with the Code Enforcement Officer and shall include the following information: 1. Site Plan: A site plan showing the locations of all "structures" [SR], "buildings" [SR], "vehicle use areas" [SR], approaches, landscaped areas, and the location with dimensions of all existing and proposed signs in relation to property lines, structures, buildings, and rights of way associated with the "zoning lot" [SR] on which the sign is to be located. 2. Sign Sketch: A sketch with dimensions of all existing and proposed signs referencing their location on the site plan and a list of all existing and proposed signs specifying type, size, and number. C. Decision on Permit Application: The Code Enforcement Officer shall deny an application for a sign permit or approve an application for a sign permit and issue a sign permit within seven (7) business days following the filing of a complete application for a sign permit with the Code Enforcement Officer." Section 8. That chapter 19.80 entitled "Administration and Enforcement," of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 19.80.030, entitled "Development Administrator," subparagraph A thereof entitled "Established and Designated"to read as follows: "A. Established and Designated: There is established the position of Development Administrator who shall administer the certain provisions of this Title. The Development Administrator shall be the Community Development Group Director or the Community Development Group Director's designee." 6 Section 9. That chapter 19.80 entitled "Administration and Enforcement," of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 19.80.050 entitled "Code Enforcement Officer", subparagraph A thereof entitled "Established and Designated"to read as follows: "A. Established and Designated: The position of Code Enforcement Officer shall be the Community Development Group Director or the Community Development Group Director's designee. The Code Enforcement Officer shall also be known as Code Official and Zoning Officer." Section 10. That chapter 19.90 entitled "Supplementary Regulations," of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following subparagraphs to the definition of the term "Sign," the remaining subparagraphs to that definition being accordingly renumbered: "EE. Off-Premise Sign: A sign which directs attention to a business, commodity, service or entertainment not conducted, sold or offered on the premises where the sign is located, or which business, commodity, service or entertainment performs only minor or incidental activity upon the premises where the sign is displayed. The sale of a commodity is considered a minor activity if the commodity advertised is a specific brand or if the advertising content is not directly controlled, or has in the past not been directly controlled by the operator of the on-premises business; such product-oriented "signs" [SR] shall be considered on- premises signs only if they comply with the on-premise sign requirements. For the purposes of this subparagraph, easements and other appurtenances and non- contiguous parcels under the same ownership shall be considered off the premises of the parcel or land on which the business or activity is located or conducted. An "information sign" [SR], "noncommercial opinion sign" [SR], "no trespassing sign" [SR], "political campaign sign" [SR], "public sign" [SR] or "public utility sign" [SR] shall not constitute an "off-premise sign" [SR] within the meaning of this subparagraph. FF. On-Premise Sign: A sign that advertises or directs attention to a business, commodity, or service conducted, offered or sold on the premises, or directs attention to the business or activity conducted on the premises." Section 11. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. 7 and by at least fifty-one percent (51%) of the owners of record of the land in- cluded within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjourn- ment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this 13 of October, 2004. CITY CLERK Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publi- cation in the manner provided by law. fir• 5► • Es Schoc , ayor Presented: October 13, 2004 Passed: October 13, 2004 Vote: Yeas: 6 Nays: 0 Recorded: October 14, 2004 Published: Attest: Dolonna Mecum, City Clerk elk 4