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HomeMy WebLinkAboutG69-07 Ordinance No. G69-07 AN ORDINANCE AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" WHEREAS, City's comprehensive ordinance regulating street graphics has been substantially derived from the model street graphics ordinance published in the American Planning Association's Street Graphics and the Law, Revised Edition, by Daniel Mandelker with Andrew Bertucci and William Ewald; and WHEREAS, written application has been made to amend the City's Street Graphics Ordinance to create a special sign district known as Areas of Special Character; 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 denied; and WHEREAS, the Community Development Group 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 Community Development Group. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That chapter 19.50 of the Elgin Municipal Code, 1976, as amended entitled "Street Graphics", be and is hereby further amended to add new section 19.50.105 thereto, entitled "Areas of Special Character,"to read as follows: "19.50.105: AREAS OF SPECIAL CHARACTER: This street graphics ordinance cannot adequately regulate all street graphics in an area as diverse as the City. The unique and particular character of an area and the unique existing or proposed use thereof may present a circumstance that the street graphics ordinance cannot adequately regulate all street graphics for such an area. The City Council, by ordinance, authorized by a vote of two-thirds (2/3) of all members of the City Council then holding office, and following notice and hearing, may therefore designate specific locations within the city as Areas of Special Character in order to provide appropriate flexibility in the regulation of street graphics through the adoption of special regulations for these areas that can vary from any of the regulations contained within this street graphics ordinance. A. The Areas of Special Character within the City shall consist of the following areas: 1. The Randall/90 Auto Mall. The property commonly known as the Northwest corner of Randall Road and U.S. Interstate 90, and being legally described in the Planned Development Ordinance for such property under Ordinance No. G68-07. B. Zoning map. The Development Administrator shall maintain and continually revise the Official Zoning Map to indicate the boundaries of each designated Areas of Special Character. C. Special regulations. The City Council shall, by an ordinance authorized by a vote of two-thirds (2/3) of all members of the City Council then holding office, adopt special regulations for street graphics in each Area of Special Character, or for a portion of such an Area of Special Character, that shall be consistent with the character of the Area of Special Character. The street graphics regulations for each Area of Special Character shall contain visual representations of the lettering, illumination, color, area and height of street graphics and may also indicate the areas and buildings where they may be placed and located. The special regulations may incorporate by reference the visual representation of street graphics in the street graphics plan. In the event special regulations have not been adopted for an Area of Special Character, or for a portion of an rArea of Special Character, the regulations for street graphics otherwise contained in this chapter shall apply and shall control. D. Standards for Designation of Areas of Special Character and Special Regulations for Areas of Special Character: An application for the designation of an area as an Area of Special Character and special regulations for Areas of Special Character shall follow the procedures for map and text amendments pursuant to the provisions of this section and chapter 19.55 of this title, as amended. The granting of an application for the designation of an area as an Area of Special Character and for the approval of Special Regulations for Street Graphics within an Area of Special Character shall be contingent upon the extent to which affirmative findings are made with respect to each of the standards for maps and text amendments set forth in Section 19.55.030 of this title, as amended, and to which affirmative findings are made with respect to each of the following additional standards: 1. Area Characteristics: The unique and particular character of the area proposed to be designated as an Area of Special Character establishes that the street graphics ordinance cannot adequately regulate street graphics for such area. Such unique and particular characteristics of the area proposed to be designated as an Area of Special Character include the area's location, size, shape, significant natural features, including topography, water courses and vegetation, the nature of adjoining public rights of way, and architectural, historic or scenic features. 2. Use Characteristics: The existing or proposed use of the area proposed to 2 be designated as an Area of Special Character presents specified unique challenges and demands such that the street graphics ordinance cannot adequately regulate street graphics for such use in such area. 3. Special Regulations: The proposed special regulations for the proposed Area of Special Character are consistent with the unique character and unique use of the Area of Special Character and departures from the street graphics ordinance, if any, are specifically limited to address the unique and particular area characteristics and use characteristics of the proposed Area of Special Character. F. Effect of special regulations. Special regulations for Areas of Special Character shall supersede and may be either more or less restrictive than the regulations for street graphics contained in this chapter." Section 2. 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. 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 publication in the manner provided by law. Ed Schock, Mayor Presented: December 5, 2007 Passed: December 5, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 6, 2007 Published: December 7, 2007 Attest: Diane Robertson, Ci Clerk 3