G87-04 (2) ,
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.
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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
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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:
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"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
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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."
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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.
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Section 12. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 13. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/Ed Schock
Ed Schock, Mayor
Presented: October 13, 2004
Passed: October 13, 2004
Vote: Yeas: 4 Nays: 2
Recorded: October 14, 2004
Published: October 14, 2004
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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October 8, 2004 G ttiii 1� (( 11 I
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TO: Mayor and Members of the City Council N
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FINANCIALLY STABLE CITY GOVERNMENT MENT
FROM: David M. Dorgan, City Manager etvEF FICIENT SERVICES
AND QUALITY IN FRASTRUCTURE
Jerry Deering, Community Development Director
SUBJECT: Ordinance Amending Title 19, Entitled "Zoning" of the Elgin Municipal Code,
1976, as Amended (Off-Premises Signs--Portion of Petition 34-04) (Must be
Removed from the Table)
PURPOSE
To submit for City Council consideration an ordinance regarding off-premises signs also known
as billboards.
RECOMMENDATION
It is recommended that the City Council approve the proposed ordinance regarding off-premise
signs.
BACKGROUND
On July 14, 2004 the City Council was presented with Zoning Petition 34-04 which proposed
various amendments to the city's zoning ordinance. The major provisions of Petition 34-04
related to amendments to the city's master signage regulations and proposed new ordinance
provisions regarding off-premise signs. The City Council tabled the portion of Petition 34-04
relating to off-premise signs. The City Council approved the balance of Petition 34-04 and
thereafter adopted an ordinance amending the city's master sign regulations.
The attached ordinance regarding off-premise signs is being returned to the City Council for
further consideration. The ordinance provides for a definition of off-premise signs (also known
as billboards) and prohibits new off-premise signs. The ordinance would also require the
removal of existing off-premise signs following a seven (7) year amortization period.
At the recommendation of members of the City Council the city staff will also undertake a
comprehensive review of the city's sign regulations and will report back to the council on the
results of such comprehensive review and with any recommendations requiring any further
proposed revisions to the city's sign regulations.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Public hearings were conducted regarding Petition 34-04.
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.0 OF Ft
o`;, ti# Agenda Item No. 0 ` 6
City of Elgin
liI 111
July 2, 2004
TO: Mayor and Members of the City Council
FROM: David Dorgan, City Manager
Lauren Pruss, Senior Planner
SUBJECT: Text Amendment Review(Petition 34-04)
PURPOSE
Consideration of Petition 34-04 Requesting Various Amendments to the Text of Title 19,Zoning,of
the Elgin Municipal Code; by the City of Elgin.
BACKGROUND
rAn application has been filed by the City of Elgin,requesting approval of various amendments to the
text of Title 19, Zoning, of the Elgin Municipal Code.
The City of Elgin is proposing to amend the text of the zoning ordinance with respect to the
abatement of billboard signs, in addition to other housekeeping amendments. The proposed
abatement of billboard signs will require the removal of all off-premise signs within a seven year
time period. Additionally, the Sign Ordinance will also be amended by altering the standards for
approval of a master signage plan.
The proposed housekeeping amendments include minor changes to the impact assessment
requirement for map amendments,and the elimination of outdoor display lots from the permitted use
list of the CC2 Center City District. This land use is duplicated within the conditional use list,and
the Community Development Group has determined that outdoor display lots should be reviewed on
a case-by-case basis within this zoning district. Finally,staff has also included an amendment to the
language of the ARC Arterial Road Corridor Regulations regarding the type of modifications
requiring special review in the ARC Arterial Road Corridor District. The zoning ordinance currently
only requires building additions larger than 1,000 square feet within the ARC District to be subject to
City Council review and approval. The Community Development Group proposes to require all new
buildings and any exterior building modification to be subject to the ARC Guidelines.
r
,
Mayor and Members of City Council
July 7, 2004
Page 2
SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES
The Community Development Group has developed or identified the following findings,unresolved
issues, and alternatives:
A. Summary of Findings.
Positive Attributes. Several opportunities to enhance the effectiveness of the zoning
ordinance have been identified,particularly within the text concerning allowable signage and
the standards for approval of a master signage plan. The present group of proposed
"housekeeping"amendments is intended to raise the bar on the quality of the city's business
districts and ensure the proper administration of the zoning ordinance.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
RECOMMENDATION
The Community Development Group recommends the approval of Petition 34-04.
The Planning and Development Commission concurred with the Community Development Group
and recommended approval of Petition 34-04.On a motion to recommend approval of Petition 34-
04, the vote was seven (7) yes and zero (0) no. Therefore, the motion to recommend approval of
Petition 34-04 was adopted(reference the attached Transcripts and Findings of Fact,dated June 21,
2004).
June 21, 2004
FINDINGS OF FACT
Planning and Development Commission City of Elgin, Illinois
SUBJECT
Consideration of Petition 34-04 Requesting Various Amendments to the Text of Title 19,
Zoning, of the Elgin Municipal Code; by the City of Elgin.
BACKGROUND
Requested Action: Text Amendment Approval
Applicant: City of Elgin
Staff Coordinator: Lauren Pruss, Senior Planner
LIST OF EXHIBITS
Draft Text Amendment Ordinance (see attached)
BACKGROUND
An application has been filed by the City of Elgin, requesting approval of various
amendments to the text of Title 19, Zoning, of the Elgin Municipal Code.
The City of Elgin is proposing to amend the text of the zoning ordinance with respect to
the abatement of billboard signs, in addition to other housekeeping amendments. The
proposed abatement of billboard signs will require the removal of all off-premise signs
within a seven year time period. Additionally, the Sign Ordinance will also be amended
by altering the standards for approval of a master signage plan.
The proposed housekeeping amendments include minor typographical changes to the
impact assessment requirement for map amendments, and the elimination of outdoor
display lots from the permitted use list of the CC2 Center City District. This land use is
duplicated within the conditional use list, and the Community Development Group has
determined that outdoor display lots should be reviewed on a case-by-case basis within
this zoning district. Finally, staff has also included an amendment to the language of the
ARC Arterial Road Corridor Regulations regarding the type of modifications requiring
special review in the ARC Arterial Road Corridor District.
GENERAL FINDINGS
After due notice, as required by law, the Planning and Development Commission held a
public hearing in consideration of Petition 34-04 on June 7, 2004 and June 21, 2004. City
staff testified at the public hearing and presented documentary evidence in support of the
application. No objectors spoke at the public hearing. The Community Development
Group submitted a Text Amendment Review, dated May 24, 2004.
A. Amortization of Outdoor Advertising Signs (Billboards). The Planning and
Development Commission has found that the success of the outdoor advertising
(billboard) industry depends entirely upon the occupation of places along the
sides of highways or near parks and other similar public places; and that outdoor
advertising signs (billboards) 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 that that the visual blight created by
outdoor advertising signs (billboards) is a detriment to not only the City of Elgin's
public thoroughfares.
B. Master Signage Plan. The Planning and Development Commission has found
that the proposed amendment will provide higher standards for approval of
proposed master signage plans than is currently found within the zoning
ordinance.
C. Arterial Road Corridor Regulations. The Planning and Development
Commission has found that the proposed amendment will allow the City more
control over building improvements within the arterial corridors, which is
necessary for ensuring high quality development within the City's most visible
areas.
D. House Keeping Amendments. The Planning and Development Commission has
found that the proposed amendments are necessary to ensure the proper
administration of the zoning ordinance.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES
The Planning and Development Commission has developed or identified the following
findings, unresolved issues, and alternatives:
rik
A. Summary of Findings.
General. Several opportunities to enhance the effectiveness of the zoning
ordinance have been identified, particularly within the text concerning allowable
signage and the standards for approval of a master signage plan. The present
group of proposed "housekeeping" amendments is intended to raise the bar on the
quality of the city's business districts and ensure the proper administration of the
zoning ordinance.
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than approval, denial, or approval with some modification, there are no
substantive alternatives.
RECOMMENDATION
The Planning and Development Commission hereby recommends the approval of Petition
rik 34-04. On a motion to recommend approval the vote was seven (7) yes and zero (0) no.
George Wolff, Chairman
Planning and Development Commission
Lauren Pruss, Secretary
Planning and Development Commission
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Ordinance No. G
AN ORDINANCE
AMENDING TITLE 19, ENTITLED "ZONING," OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED
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
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 19.35.700 entitled "CC2 Center City District," of the Elgin
Municipal Code, 1976, as amended, be and is hereby further amended by amending section
19.35.730, A., entitled"Permitted Uses," as follows:
Delete Text:
"Outdoor Display Lots"
Section 3. That chapter 19.55 entitled "Amendments," of the Elgin Municipal Code,
1976, as amended, be and is hereby further amended by amending section 19.55.040, subsection
E., entitled"Required Documents,"to read as follows:
"Impact Assessments: Written impact assessments as may shall be required by
the Development Administrator in order to adequately evaluate the effect of the
proposed map amendment of the environment, community facilities, traffic, and
surrounding land use. Methodologies for such assessments shall be as determined
by the Development Administrator."
Section 4. That chapter 19.15.500 entitled "ARC Arterial Road Corridor District," of the
Elgin Municipal Code, 1976, as amended,be and is hereby further amended by amending section
19.15.525, entitled"Site Design and Building Elevations,"to read as follows:
t
Delete Existing Text: 411)
In the ARC arterial road corridor overlay district, the site design regulations shall
be the same as the underlying zoning district. All new buildings, or new building
additions, and which exceed one thousand (1,000) square feet in floor area, and
which can be viewed from the public right of way shall be subject to the
provisions of chapter 19.60 of this title, planned developments. Such new
buildings or building additions may be approved by the city council as a planned
development district or as a conditional use planned development.
Development review shall be based on the site design standards in the underlying
zoning district; the required documentation, standards, and procedures outlined in
chapter 19.60 of this title, planned developments; and the arterial road corridor
design guidelines adopted by the Elgin city council by ordinance G36-01.
Insert New Text:
In the ARC Arterial Road Corridor Overlay District, the site design regulations
shall be the same as the underlying zoning district. Any new buildings, building
additions or any exterior building modifications resulting in a change in the
architectural design of the exterior building elevations or a change to the exterior
building materials (excluding roof materials, windows and signs) which can be
viewed from the public right-of-way shall be subject to the provisions of
Chapter 19.60 of this title, planned developments, and shall be authorized only if
approved by the City Council as a planned development district or as a conditional
use planned development.
Development review shall be based on the site design standards in the underlying
zoning district; the required documentation, standards, and procedures outlined in
Chapter 19.60 of this title, planned developments; and the Arterial Road Corridor
Design Guidelines adopted by the City Council by Ordinance G36-01.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 6. 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:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
'141)2
eim' Attest:
Dolonna Mecum, City Clerk
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Ordinance No. G
AN ORDINANCE
AMENDING TITLE 19, ENTITLED "ZONING," OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED
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.
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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 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 'ALTERNATIVELY, INSERT A DATE CERTAIN]. 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
'ALTERNATIVELY, INSERT A DATE CERTAIN].
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 'ALTERNATIVELY,
INSERT A DATE CERTAIN] shall be removed seven years from the effective
date of this ordinance (ALTERNATIVELY, INSERT APPROPRIATE DATE
CERTAIN NOT LESS THAN SEVEN YEARS FROM EFFECTIVE DATE];
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
41)2
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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.
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
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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
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 4. 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: 411)
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"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
rnonconforming, "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 5. 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:
r "19.50.135: CONTROLLING PROVISIONS
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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 41115
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 6. That chapter 19.50 entitled "Signs," of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by amending section 19.50.150, entitled "Master
Signage Plan,"to read as follows:
"19.50.150: MASTER SIGNAGE PLAN
"Master signage plans" [SR] may be established to provide an opportunity for unique
signage which may not conform to all of the provisions of the other sections of this
Chapter. The City Council shall have the authority to pass an ordinance granting a master
signage plan, subject to the provisions of this Section. "Master signage plans" [SR] shall
be subject to the provisions of Chapter 19.65 of this Title and this Section.
A. Standards. The granting of a "Master Signage Plan" [SR] shall be contingent on
the extent to which affirmative findings are made with respect to each of the
following standards:
1. No allowable departure from the requirements of this Chapter shall be granted
unless it has been found that the requested departures are mitigated through an
equivalent and more restrictive application of other regulations of this Title or
Chapter. The standards for conditional uses listed in Section 19.65.030 of this
Title need not be considered.
2. Site Characteristics. The suitability of the subject property for the master
signage plan with respect to its size, shape and any existing improvements.
3. Surrounding Land Use and Zoning. The suitability of the subject property for
the master signage plan with respect to consistency and compatibility with
surrounding land use and zoning.
4. Architectural Style. Each sign shall be designed to relate to the architectural
style of the main building or buildings upon the site, and to the extent not
inconsistent with such style, to existing improvements upon lots adjacent to the
site; provided that signs located on any isolated commercial site containing a
gross floor area of less than ten thousand square feet within one or more buildings
and located within a predominantly residential area shall be compatible with the
residential character of such area and consistent with other sign types permitted in
residential districts.
5. Relationship to Buildings. Consistent with the architectural style, each sign
shall be designed to incorporate at least one of the predominantly visual 4115
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horizontal and vertical elements of the main building or buildings on the site, such
as the type of construction material, color, or other design details; and any sign on
a building shall have dimensions which are proportional to and visually balanced
with the building facade of the side of the building upon which such sign is
located.
6. Relationship to Other Signs. Each sign shall be well related to all other signs
on the site by the incorporation of not less than four of the following seven
elements:
a. Materials;
b. Letter style of sign copy;
c. Color;
d. Illumination;
e. Method used for structural support or attachment;
f. Technical details of sign construction; and
g. Shape of entire sign and its several components.
7. Sign Copy. The sign copy for a sign shall not exceed forty percent of the sign
area.
8. Signs Affixed to Buildings. The sign area for any sign affixed to a building
shall not exceed ten percent of the building facade upon which such sign is
located, except that an applicant for a "master signage plan" [SR] may, subject to
the approval of the City Council, designate one or more enterprises, which
collectively occupy more than fifty percent of the usable floor space within the
main building upon the site, as a "main tenant" or "main tenants" of the site.
Each main tenant may have a sign with an area not to exceed fifteen percent of the
building facade of the building side upon which such sign is located.
9. Signs Affixed to Buildings Above Eave Line. Any sign located above a
building facade (eave line) shall be integral with the building and also an integral
design feature of the building.
10. Signs Affixed to Buildings Below Canopy. Any sign located beneath a
canopy, arcade, marquee or other similar building projection shall not contain
more than three square feet in sign area and shall be located on a building
frontage proximate to an entrance to the building in regular use by the general
public.
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B. Allowable Departures: Allowable departures from the other sections of this
Chapter, which may be granted through a master signage plan may include the
number of signs, the location of signs, sign area, illumination and motion, or any
other sign characteristic. Allowable departures from the other sections of this
Chapter which may be granted through a master signage plan shall not include
being granted permission for a "sign" [SR] prohibited by Section 19.50.050 of
this Chapter, as amended, or permission for a type of sign not allowed in the
zoning district of the property upon which a sign is proposed to be erected, placed
or maintained.
C. Required Documentation: A master signage plan shall contain the following
documentation:
1. Site Plan: A site plan showing the locations of all structures, buildings, parking
lots, driveways, landscaped areas, and the location with dimensions of all existing
and proposed signs in relation to structures, buildings, property lines, and rights of
way associated with the zoning lot. The site plan shall be drawn at a graphic
engineering scale of not less than one inch equals fifty feet (1" =50").
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 signs specifying type,
size and number.
3. Statement Of Purpose And Conformance: A specific written statement
addressing the nature of and the reasons for the requested master signage plan and
demonstrating conformance to the standards for master signage plans.
4. Other Required Documents: The required documents for a conditional use
pursuant to Section 19.65.040 of this Title, except the statement of purpose and
conformance, and the site plan.
D. Findings required prior to approval. The Zoning and Subdivision Hearing Board
shall recommend the approval or denial of a proposed master signage plan to the
City Council. The Zoning and Subdivision Hearing Board's recommendation
shall be contained within a written findings of fact which shall set forth with
particularity in what respects the proposal conforms to the standards for master
signage plans.
E. Approval. The Zoning and Subdivision Hearing Board may recommend and the
City Council may require appropriate and reasonable conditions to any approval
of a "master signage plan" [SR], including, but not limited to, conditions which
alter sign configurations, reduce the sign area, relocate signs upon the lot or
buildings, or require other design modifications.
F. Conformance To Plans: Subsequent to the approval of a "master signage plan"
[SR], no sign shall be erected, placed, painted, or maintained, except in
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conformance to such plan. The "master signage plan" [SR] may be amended,
subject to the provisions of this Section."
Section 7. 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 8. 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 9. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 10. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law[ALTERNATIVELY, INSERT A DATE CERTAIN].
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Ed Schock, Mayor
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk
F:\Legal Dept\Ordinances\ZoneOrd-Signs-Off Premise-WAC 4-9-04-Clean.doc
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