G69-07 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
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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
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