HomeMy WebLinkAboutG34-10 Ordinance No. G34-10
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AN ORDINANCE
AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "STREET GRAPHICS"
WHEREAS, written application has been made to amend the City Street Graphics
Ordinance with respect to electronic message graphics and projecting graphics; and
WHEREAS, the Planning and Development Commission held a public hearing
concerning the proposed amendment after due notice in the 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 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
Planning and Development Commission and the Community Development Group; and
WHEREAS, the City Council further finds that if left uncontrolled, electronic signs
constitute a serious traffic safety threat. Studies conducted by the Federal Highway
• Administration, Research Review of Potential Safety Effects of Electronic Billboards on Driver
Attention and Distraction, September 11, 2001 and the Role of Driver Inattention Crashes: New
Statistics from 1995; the University of North Carolina Highway Safety Research Center,
Distractions in Everyday Driving, May 2003 and the Role of Driver Distraction in Traffic
Crashes, May 2001; the Wisconsin Department of Transportation, Synthesis Report of Electronic
Billboards and Highway Safety, June 10, 2003; the Municipal Research and Services Center of
Washington, Sign Control Provisions, January 2006; the Veridian Group, Video Signs in Seattle,
Gerald Wachtel, May 2001; and Dynamic Signage; Research Related to Driver Distraction and
Ordinance Recommendations submitted by SRF Consulting Group, Inc., prepared for City of
Minooka, June 7, 2007, reveal that electronic signs are highly distracting to drivers and that
driver distraction continues to be a significant underlying cause of traffic accidents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 19.50.020 of the Elgin Municipal Code, 1976, as amended;
entitled "Definitions" be and is hereby further amended amending the definition of "electronic
message graphic" contained therein to read as follows:
"ELECTRONIC CHANGEABLE COPY GRAPHIC:
A street graphic or portion thereof that displays electronic, non-pictorial, text
information in which each alphanumeric character, graphic, or symbol is defined
by a small number of matrix elements using different combination of light
• emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices
within the electronic display panel(s). Electronic changeable copy graphics
include but are not limited to computer programmable, microprocessor controlled
electronic displays. The following terms for such electronic changeable copy
graphics shall be defined as follows:
Character: A letter, number, punctuation mark or decimal point.
Dissolve: Graphics where static messages are changed by means of varying light
intensity or pattern, where the first message gradually appears to dissipate and
lose legibility simultaneous to the gradual appearance and legibility of the
subsequent message.
Electronic Display Panel: A separate portion of an electronic changeable copy
graphic in which electronic text can be displayed.
Fade: Graphics where static messages are changed by means of varying light
intensity, where the first message gradually reduces intensity to the point of not
being legible and the subsequent message gradually increases intensity to the
point of legibility.
NITS: A luminance unit equal to one candle per square meter measured
• perpendicular to the rays from the source.
Scrolling: Graphics where the message is changed by the apparent vertical
movement of the letters or graphic elements of the message.
Static: Graphics having no motion or movement of any type.
Text: Graphics consisting of letters, words, numbers, punctuation or decimal
points only that do not include any animation, effects simulating animation or
video.
Travel: Graphics where the message is changed by the apparent horizontal
movement of the letters or graphic elements of the message."
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 to the listing of definitions
therein the definition of"Electronic Video Display Graphic" to read as follows:
ELECTRONIC VIDEO DISPLAY GRAPHIC:
A street graphic or portion thereof that displays electronic images, graphics,
videos or pictures, with or without text information, defined by a small number of
matrix elements using different combinations of light emitting diodes (LEDs),
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fiber optics, light bulbs or other illumination devices within the electronic display
panel(s). Electronic video display graphics include, but are not limited to,
computer programmable, microprocessor controlled electronic displays."
Section 3. 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 I thereto to read as follows:
1. Electronic Changeable Copy Graphic: An electronic changeable copy
graphic may be located only in compliance with the provisions of this section and
the other provisions of this chapter.
1. Type: All electronic changeable copy graphics shall be part of a
monument graphic. With the exception of the electronic display panel(s)
electrical changeable copy graphics shall be constructed entirely of masonry.
2. Zoning District Districts and Maximum Number: Electronic
changeable copy graphics shall be allowed only in the NB Neighborhood
Business District, the AB Area Business District, the CC-2 Center City District
and the Cl Commercial Industrial District. The maximum number of electronic
changeable copy graphics shall be one (1) for each zoning lot.
3. Maximum Size: The maximum size of the total the electronic display
• panel(s) of an electronic changeable copy graphic shall be no more than twenty-
five percent (25%) of the total allowable maximum surface area for the monument
graphic in which the electronic display area is to be located, provided that all the
other requirements of this chapter are followed. The maximum number of
electronic display panel(s) of an electronic changeable copy graphic shall be no
more than four (4) separate electronic display panel(s). The maximum size of
each electronic display panel of an electronic changeable copy graphic shall be
determined by the speed limit of the public right-of-way adjoining the yard within
the zoning lot on which the electronic changeable copy graphic is located in
accordance with the following requirements:
a. Speed limit of thirty (30) miles per hour or less: each electronic display
panel shall not exceed 16 inches in height and 48 inches in length.
b. Speed limit of thirty (35) miles per hour to fifty (50) miles per hour:
each electronic display panel shall not exceed 20 inches in height and 60 inches in
length.
c. Speed limit of fifty-five (55) miles per hour or greater: each electronic
display panel shall not exceed 24 inches in height and 72 inches in length.
4. Location: In the NB Neighborhood Business District and the AB Area
• Business District no electronic changeable copy graphic shall located within a
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street yard adjoining a local street, or a collector street, where the property located
• directly opposite the public right-of-way is located within a residence district.
5. Restrictions: An electronic changeable copy graphic shall be operated
in compliance with the following standards:
a. Electronic changeable copy graphics shall display static text
messages only with no animation, effects simulating animation or video. No
continuous travelling, scrolling, flashing, spinning, revolving, or shaking, or any
other type of movement or motion of an image shall be allowed.
b. The rate of change for any image shall be for a minimum period of
two (2) hours, i.e., each image displayed shall be displayed for a minimum period
of two (2) hours.
C. Any message change sequence shall be accomplished immediately
with no transition by changing from one screen to another by means of fade or
dissolve mode.
d. Maximum brightness levels for electronic changeable copy
graphics shall not exceed 5,000 nits when measured from the sign's face at its
maximum brightness, during daylight hours, and 500 nits when measured from
the sign's face at its maximum brightness between dusk and dawn, i.e., the time of
• day between sunrise and sunset. Electronic changeable copy graphics shall
include an ambient light meter and programmable or manual dimming capacity.
e. Each electronic display panel within an electronic changeable copy
graphic shall display no more than five (5) characters at any one time.
f. Electronic changeable copy graphics shall be limited only to motor
vehicle service stations. Information displayed within an electronic changeable
copy graphic shall be limited to information required to be displayed by law."
6. Limited to conforming graphics: An electronic changeable copy
graphic may be located only as part of a monument graphic which is in
compliance with all applicable requirements of this chapter and other applicable
requirements of law. No electronic changeable copy graphic may be located as
part of a nonconforming street graphic or nonconforming street graphic structure.
Section 4. That Section 19.50.100 of the Elgin Municipal Code, 1976, as amended,
entitled "Program for Graphics" be and is hereby further amended by amending subparagraph B
thereof to read as follows:
"B. Allowable Departures: Allowable departures from the other
sections of this chapter which may be granted through a program
• for graphics may include the number of graphics, the location of
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• graphics, graphic area, illumination and motion, or any other
graphic characteristic. Allowable departures from the other
sections of this chapter which may be granted through a program
for graphics shall not include being granted permission for a
graphic prohibited by section 19.50.110 of this chapter, as
amended, or permission for a type of graphic not allowed in the
zoning district of the property upon which a graphic is proposed to
be erected, placed or maintained. Allowable departures shall also
not include being granted permission for a departure of any of the
requirements for an electronic changeable copy graphic provided
for in Section 19.50.090I, as amended, or otherwise provided in
this chapter, as amended."
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 Q thereof to
read as follows:
"Q. Electronic Graphic Display Graphics".
Section 6. That Section 19.50.130 of the Elgin Municipal code, 1976, as amended,
entitled "Variances" be and is hereby further amended by amending subparagraph B thereof to
read as follows:
• "B. Authorized Graphic Variations:
1. Surface Area: To permit an increase in the maximum graphic surface
area in an amount not to exceed twenty percent (20%) of the allowable
maximum.
2. Height: To permit an increase in the maximum height of a freestanding
graphic in an amount not to exceed twenty percent (20%) of the allowable
maximum.
3. Other Graphic Characteristics: To permit a departure from the
requirements regulating other graphic characteristics including location on the
zoning lot. Notwithstanding the foregoing, allowable departures from the
requirements regulating other graphic characteristics pursuant to a variation shall
not include the maximum allowable number of graphics; being granted
permission for a graphic prohibited by Section 19.50.110 of this chapter, as
amended; being granted permission for a type of graphic not otherwise allowed
in the zoning district of the property upon which a graphic is proposed to be
erected, placed or maintained; or being granted a departure of any of the
requirements for an electronic changeable copy graphic provided for in Section
19.50.090I, as amended, or otherwise provided in this chapter, as amended."
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Section 7. That Section 19.50.140 of the Elgin Municipal Code, 1976, as amended,
• entitled "Non-Conforming Street Graphics" be and is hereby further amended by amending
subparagraph G thereof to read as follows:
"G. Electronic Changeable Copy Graphics and Electronic Video Display
Graphics: In addition to the other regulations regarding nonconforming street
graphics provided for in this chapter, nonconforming electronic changeable copy
graphics and electronic video display graphics shall comply with the following
additional standards:
1. Electronic changeable copy graphics and electronic video display
graphics shall display static text messages only with no animation, effects
simulating animation or video. No continuous traveling, scrolling, flashing,
spinning, revolving or shaking, or any other type of movement or motion of an
image shall be allowed.
2. The rate of change for any image shall be for a minimum period of ten
seconds, i.e., each image displayed shall be displayed for a minimum period of
ten seconds.
3. Any message change sequence shall be accomplished immediately with
no transition by changing from one screen to another by means of fade or dissolve
mode.
• 4. Maximum brightness levels for electronic changeable copy graphics and
electronic graphic display graphics which have existing programming capabilities
in order to comply shall not exceed 5,000 NITS when measured from the signs
face at its maximum brightness, during daylight hours, and 500 NITS when
measured from the signs face at maximum brightness between dusk and dawn,
i.e., the time of day between sunrise and sunset.
Section 8. That Section 19.50.050 of the Elgin Municipal Code, 1976, as amended,
entitled "Surface Area and Height Calculations" be and is hereby further amended by re-lettering
existing subparagraph C thereof entitled "Height of Graphics" to subparagraph D and by adding
a new subparagraph C thereto to read as follows:
" C. Surface Area of Projecting Graphic: The surface area of a projecting
graphic shall be the total exposed surface devoted to the street graphic's message
including ornamentation, embellishment, symbols, logos, letters, characters, other
figures, and frames. The rigid supports comprising of structural elements used to
pin the graphic away from the wall on which it is mounted shall not be considered
part of the surface area calculations of the projecting graphic."
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• Section 9. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended,
entitled "Special Street Graphics" be and is hereby further amended by amending subparagraph E
thereof entitled "Projecting Graphic" to read as follows:
"E. Projecting Graphic: A projecting graphic shall be permitted only in the CC1
Center City District, CC2 Center City District, NB Neighborhood Business
District and AB Area Business zoning districts. An occupant seeking to establish
a projecting graphic shall be located at a ground level location in the building in
which the occupant is located. An occupant in the CC 1 Center City District or the
CC2 Center City District may have a projecting graphic or an A-frame graphic,
but not both. The building in which the occupant is located and to which the
graphic is attached shall be set back no more than ten feet (10') from the sidewalk.
The occupant shall have an entrance for the public or patrons or service window
that faces and is within ten feet (10') of the sidewalk.
1. Location: Projecting graphics may be located partially or entirely over a
sidewalk over a public right of way, and shall provide a minimum nine feet (9') of
clearance from the bottom edge of the graphic to the sidewalk or ground surface.
2. Size: No projecting graphic shall be more than twelve (12) square feet
in surface area. The surface area of a projecting graphic shall be deducted from
the total allowable graphic surface area for wall graphics for each occupant or
building on each zoning lot.
• 3. Illumination: Projecting graphics may be illuminated.
4. Number: Not more than one projecting graphic for each individual
street frontage shall be permitted for each occupant on a zoning lot.
5. Mounting: Projecting graphics must be pinned away from the wall at
least six inches (6") and must project from the wall at an angle of ninety degrees
(90°). Projecting graphics shall not project above the roofline or eighteen feet
(18'), whichever is lower. A projecting graphic in a public right of way shall not
extend vertically above the windowsill of a second story.
6. Materials: Projecting graphics may, in addition to other materials, be
constructed utilizing a fabric or flexible membrane supported on no less than two
sides by rigid supports used to mount the sign on the face of the building on
which it is located."
Section 10. That Section 19.50.110 of the Elgin Municipal Code, 1976, as amended,
entitled "Prohibited" be and is hereby further amended by amending subparagraph E thereof to
read as follows:
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• "E. Projecting graphics, except within the CC1 Center City District, CC2 Center
City District, NB Neighborhood Business District or AB Area Business District
zoning districts."
Section 11. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 12. That this ordinance shall be in full force and effect immediately upon its
passage and publication in the manner provided by law.
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Schock, Mayor
Presented: July 28, 2010
Passed: July 28, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 29, 2010
Published: July 30, 2010
Attest:
• Diane Robertson, City erk
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