G38-12 i
Ordinance No. G38-12
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AN ORDINANCE AMENDING TITLE 19
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "ZONING"
WHEREAS, written application has been made to amend the Elgin Zoning Ordinance
regarding the manner in which temporary uses and temporary street graphics are regulated; and,
WHEREAS, the Planning and Zoning Commission held a public hearing concerning the
proposed amendments after due notice in manner provided by law; and,
WHEREAS, the Planning and Zoning Commission has forwarded the proposed
amendments to the city council with a recommendation for approval and finding that the
proposed amendments:
a) Will enhance the effectiveness of the zoning ordinance;
b) Will provide businesses and other entities additional flexibility when deploying
temporary signage;
c) Will not negatively affect city efforts to promote a positive image, which includes
• reducing sign clutter; and
d) Will increase the ease and effectiveness of enforcing regulations regarding temporary
signs; and
WHEREAS, the Community Development Department recommends the requested
amendment be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. 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
H thereof entitled "Temporary Graphic" to read as follows:
"H. Temporary Graphic: Only those "principal uses" [SR] with a valid
Certificate of Occupancy (which includes Certificates of Re-Occupancy
and Temporary Certificates of Occupancy) or those uses established as a
temporary use in accordance with Section 19.90.015, "Use, Temporary"
may display a temporary graphic in compliance with the provisions of this
section and the other provisions of this chapter.
•
1. Maximum Size: No temporary graphic shall exceed thirty two (32)
• square feet in surface area or ten (10) linear feet in height. The
number and surface area of temporary graphics shall not limit the
number or surface area of other allowable street graphics on a
`'zoning lot" [SR].
2. Type: Temporary graphics shall be constructed of weather-proof
materials either erected as a ground graphic or attached to a
"building" [SR] or "fence or wall" [SR] in the manner of a wall
graphic. No temporary graphic shall include pennants or portable
graphics.
3. Allowable Zoning Districts: Temporary graphics shall be allowed
only in those zoning districts listed within Sections 19.07.300 D.
Community Facility Districts, E. Business Districts, and F.
Industrial Districts .
4. Maximum Number:
a. No more than one (1) temporary graphic shall be allowed upon a
`'zoning lot" [SR] at any time.
b. On a "zoning lot" [SR] containing three (3) or fewer "principal
• uses" [SR] which have received a Certificate of Occupancy, the
total number of temporary graphics displayed during a calendar
year, including those for "temporary uses" [SR], shall not exceed
six (6).
C. On a "zoning lot" [SR] containing four (4) or more "principal
uses" [SR] which have received a Certificate of Occupancy, the
total number of temporary graphics displayed during a calendar
year , including those for "temporary uses" [SR], shall not exceed
twelve (12).
d. On a "zoning lot" [SR] containing more than one (1) "principal
use" [SR] which has received a Certificate of Occupancy, no one
(1) "principal use" [SR] shall display more than four (4) temporary
graphics during a calendar year.
5. Duration of Display for Uses with a Certificate of Occupancy: A
"principal use" [SR] which has received a Certificate of occupancy
may display a temporary graphic for not more than fifteen (15)
consecutive days.
6. Duration of Display for Uses Established as a Temporary Use: A
• "temporary use" [SR] established in accordance with Section
i
19.90.015, "Use, Temporary" may display a temporary graphic
• seven (7) days in advance of, and on every day during the
operation of, the "temporary use" [SR]. For an "intermittent
temporary use" [SR] on a "zoning lot" [SR] containing no other
permanent street graphics, the temporary graphic may also be
displayed on all days during the approved fixed period of time,
even though the "intermittent temporary use" may not actually be
operating or otherwise open or available to the general public.
7. Location: A temporary graphic shall only be located upon the
zoning lot on which the "principal use" [SR] or temporary use is
established.
8. Permit and Sticker Requirements:
a. A permit for a temporary graphic shall state the start and end
display dates for the graphic, and the permit may be valid for
more than one (1) such display period. Once issued, that
permit may only be amended in the same manner as the
issuance of a new permit, including the payment of a new
permit fee.
b. All temporary graphics shall conspicuously display an approval
• sticker issued by the City which includes the permit number
and authorized display dates.
Section 2. That Section 19.90.015 of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions and Regulations" be and is hereby further amended by amending the
definition of"Use, Temporary" and by adding a definition for "Use, Intermittent Temporary" to
read as follows:
"USE, TEMPORARY: A "land use" [SR] which is established for a fixed period
of time with the intent to discontinue such use on the expiration of the time
period. A temporary use shall be subject to the following supplementary
regulations:
A. Land Uses Allowed: A temporary use shall be limited to those
permitted uses and accessory uses allowed in the zoning district in
which the temporary use is to be located, unless specifically
authorized otherwise.
B. Number And Duration: No more than four (4) temporary uses shall
be conducted on the same "zoning lot" [SR] within a calendar year.
No single temporary use shall be established or operate for more
than thirty (30) days, and the total number of days for all
• temporary uses established or operating on the same "zoning lot'
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[SR] within a calendar year shall not exceed sixty (60) days. More
• than one (1) temporary use may be established or operate on the
same zoning lot at the same time; however, for each temporary
use, one (1) day of establishment or operation of each temporary
use is counted against the maximum number of sixty (60) days
allowed. Except as provided for an "intermittent temporary use"
[SR], the days a temporary use operates or is otherwise open or
available to the general public shall be consecutive, and each such
time period shall constitute one (1) of the four (4) allowable
temporary uses within a calendar year.
C. Setbacks: A temporary use shall maintain a minimum fifteen foot
(15) setback from all "street lot lines" [SR] and a minimum ten
foot (10') setback from all "interior lot lines" [SR]. Temporary uses
shall maintain a minimum one hundred foot (100') setback from all
interior lot lines which adjoin any residence conservation district
or residence district, where such temporary use is not located
within such zoning districts.
D. Operation: Temporary uses may be operated outdoors. No
temporary use shall be operated in such a manner as to cause a
public nuisance including, but not limited to, stormwater runoff
onto adjoining property, soil erosion, unsafe vehicular access or on
• site vehicular circulation, or any other activity that jeopardizes the
public health, safety or welfare.
E. Permit Required: A temporary use shall not be established or
operate before receiving a Temporary Use Permit. Such permit
shall state the absolute start and end dates of the temporary use and
the days of operation between said dates.
F. Other Codes And Ordinances: A temporary use shall comply with
all other codes and ordinances, except the provisions for the
required number of parking spaces. "Intermittent temporary uses"
[SR] are further and distinctly defined within this section
19.09.015 and subject to the supplemental regulations associated
therewith.
USE, INTERMITTENT TEMPORARY: A "temporary use" [SR] at which at
least five (5) separate and distinct businesses provide goods and services directly
to the public no more than two (2) times per week and on no more than thirty (30)
regularly scheduled and predetermined days over a fixed period of time not to
exceed six (6) months. An intermittent temporary use does not include a
``residential garage sale" [SR], "outdoor display area' [SR], "outdoor display lot"
[SR], "outdoor eating and drinking facility" [SR], "commercial operations yard"
• [SR], ``junk yard" [SR], or "motor vehicle wrecking yard" [SR]. An intermittent
temporary use is subject to the "temporary use" [SR] supplementary regulations,
• except:
A. When operated outdoors, such use shall be located upon a "zoning lot"
[SR] greater than or equal to two (2) acres;
B. The entire approved fixed period of time during which the intermittent
temporary use is established or operates constitutes one single "temporary
use" [SR] as envisioned and limited by the supplementary regulations for
"temporary use" [SR]; and
C. No more than one (1) intermittent temporary use is allowed per "zoning
lot" [SR] within a calendar year."
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.
David J. Ka m, XMyor
Presented: June 27, 2012
Passed: June 27, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 27, 2012
Published: June 29, 2012
Attest:
Kimberly Dewis, Clerk
•
TABLE 1. SUMMARY OF CURRENT&PROPOSED REGULATIONS FOR
TEMPORARY USES AND TEMPORARY SIGNS
Characteristic Current Proposed Notes
Terrmporary Use
Number per Year 4 4 See detail within Item No.
Max Days per Use 30 30 1 above.
Max Days for All 60 60
Temporary Uses
11e pora"Sign ' y
Max Size 32 sq.ft. 32 sq.ft. No change.
Max Height 11 feet 10 feet Reduced 1 foot so height
is same as permitted
height for monument
sign.
Permitted Type Banner only. Weather-proof material. Provides more options for
displaying temp signs.
Permitted Locations Ground or building. Ground, building, fence, or Provides more options for
wall. displaying temp signs.
Occurrences 6 signs per zoning 12 signs for a zoning lot with 4 Accommodates shopping
lot per year. or more businesses; centers with multiple
businesses and prevents
6 signs for a zoning lot with 3 one business from using
or fewer businesses; the entire temp sign
allowance.
On a zoning lot with more than
one business, no business may
have more than 4 signs;and
No more than one sign
displayed upon a zoning lot at
a time.
Duration 15 days each sign. 15 days each;and Marries temp use and
temp sign allowances.
Allows temp sign for temp use
to be displayed during
approved time period of temp
use, including provisions for
intermittent temp use.
Enforcement No permit posting Sign must display sticker with Provide in-vehicle visual
requirement. approved dates. confirmation for code
enforcement, prevents
need to check computer
system for permit.
3. Number of Temporary Signs Allowed (Occurrences). The Zoning Ordinance does
not consider whether or not a zoning lot contains multiple users; instead, it sets a
hard cap at no more than six temporary signs. As such, a shopping center, which
could contain dozens of users, is treated the same as a zoning lot with one use.
Staff often has to advise businesses that another business within their development
has already used the annual allowance. The proposed amendment provides
Page 3 of 4
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additional numbers of signs for zoning lots with four or more users (the Zoning
Ordinance already uses the number four as the level at or above which a zoning lot
could qualify for a shopping center monument sign) and, where a zoning lot has
more than one user, it proposes to cap the maximum number of temporary signs Al)
that any one business could display at four.
4. Enforcement. The effort to minimize sign clutter along city commercial corridors is
time consuming, especially considering changing temporary signs. As such, the
proposed amendment includes a new requirement that a temporary sign
conspicuously display a sticker that one will receive upon receipt of their temporary
sign permit. In this manner, a code enforcement officer can quickly visually
determine whether or not a sign in the field has been permitted.
Staff believes that proposed changes to the zoning ordinance enhance its effectiveness.
Most importantly, staff believes that the accommodations, which are intended to help
businesses, do not undermine the city's efforts to portray a positive image. In other words,
staff does not believe that these accommodations will suddenly introduce excessive sign
clutter.
Respectfully Submitted
66G. 1 r
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Marc S. Mylott, AICP
Director of Communi Dev, opment
Page 4 of 4
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June 13,2012
reb' PLANNING AND ZONING COMMISSION
RECOMMENDATION AND FINDINGS OF FACT
Conununit■ Development Department Cite of Elgin, IL
SUBJECT
Amend the text of the zoning ordinance to provide greater flexibility to certain establishments seeking
temporary signage, to clarify the way in which temporary uses are counted, and to accommodate the
way in which intermittent temporary uses operate.
GENERAL INFORMATION
Requested Action: Approve Petition 21-12, Text Amendment to Zoning Ordinance
Applicant: City of Elgin
Staff Coordinator: Marc S. Mylott, AICP; Director of Community Development
History: After due notice as required by law, the Planning and Zoning Commission held a
public hearing and considered Petition 21-12 on June 4, 2012. The city as
applicant submitted a Statement of Purpose and Conformance and Text
Amendment Review dated June 4, 2012 and testified at the public hearing.
List of Exhibits: Redline/strikeout version of proposed amendment; and
Transcript.
BACKGROUND
Only a few zoning issues regularly present staff with more administrative difficulties than temporary
uses,temporary signs, and the disconnect between the regulations for each.
More so, within the past two years, staff has been presented with a temporary use business model that
does not operate on consecutive days, rather on one or two regularly scheduled days per week over the
course of several months. Does such a use constitute only one of the four allowed temporary uses on a
zoning lot? How is the time period of such an operation measured and how does the 30-day per
temporary use limit apply? Is the time measured as several months or only the days on which it
operates? Finally, how would such an operation realistically provide signage when the code limits
temporary signs to no more than six and each no more than 15 days?
elmk And the problems are not limited to just temporary uses. For "permanent" establishments, the Zoning
Ordinance does not prevent a single business from using all the annual temporary sign allowances on a
zoning lot where that zoning lot contains more than one business — within a shopping center, for
example.
The above are but a few examples of the issues staff struggles with regarding temporary uses and
temporary signs. As such, staff proposes a comprehensive update to the temporary use and temporary
graphics provisions of the zoning ordinance to accommodate current practices while not compromising
the city efforts to promote a positive image, which includes reducing sign clutter. Table 1 summarizes
the current and proposed permissibility for both. Importantly, the "Notes" column provides a brief
rationale for the proposed change.
TABLE 1. SUMMARY OF CURRENT&PROPOSED REGULATIONS FOR
TEMPORARY USES AND TEMPORARY SIGNS
Characteristic ' Current Proposed Notes
Number per Year 4 4 See detail within Item No.
Max Days per Use 30 30 1 below.
Max Days for All 60 60
Temporary Uses
Max Size 32 sq.ft. 32 sq.ft. No change.
Max Height 11 feet 10 feet Reduced 1 foot so height
is same as permitted
height for monument
sign.
Permitted Type Banner only. Weather-proof material. Provides more options for
displaying temp signs.
Permitted Locations Ground or building. Ground, building, fence, or Provides more options for
wall. displaying temp signs.
Occurrences 6 signs per zoning 12 signs for a zoning lot with 4 Accommodates shopping
lot per year. or more businesses; centers with multiple
businesses and prevents
6 signs for a zoning lot with 3 one business from using
or fewer businesses; the entire temp sign
allowance.
On a zoning lot with more than
one business, no business may
have more than 4 signs; and
No more than one sign
displayed upon a zoning lot at
a time.
Duration 15 days each sign. 15 days each;and Marries temp use and
temp sign allowances.
Allows temp sign for temp use
to be displayed during
approved time period of temp
use, including provisions for
intermittent temp use.
Enforcement No permit posting Sign must display sticker with Provide in-vehicle visual
requirement. approved dates. confirmation for code
enforcement, prevents
need to check computer
system for permit.
Page 2 of 4
Several points deserve additional discussion:
1. Number of Temporary Uses Per Year. The definition of "temporary use" relies on another
defined term "land use", and "land use" could be construed to be either a specific and distinct
operating entity/event or the broad land use classifications listed within each zoning district.
Under the first interpretation, a zoning lot could only host four distinct temporary events each
year. Under the later interpretation, a zoning lot could host any number of different events in so
long as they fell within one of four approved land use classifications. While under either
scenario the maximum number of days of temporary use could not exceed 60, we now believe
that the later interpretation is too liberal and a zoning lot should host no more than four distinct
temporary events. The proposed amendment clearly articulates this sentiment. The proposed
amendment maintains that each temporary use run for no more than 30 consecutive days and the
permit required therewith would so specify the beginning and end point. More so, the
amendment clarifies that, if more than one temporary use operates on a zoning lot at one time,
each use counts as a day of operation against the maximum 60 allowed.
2. Intermittent Temporary Uses. The above notwithstanding, staff believes the zoning ordinance
should accommodate the unique scheduling of certain temporary uses that operate during a
defined time period but not on consecutive days, such as a seasonal or farmer's market. As such,
the proposed amendment creates a new temporary use classification for such intermittent uses
and counts the entire period of operation as one temporary use against the maximum four
allowed. While the days of operation between the beginning and end dates need not be
consecutive,they still cannot exceed 30.
3. Number of Temporary Signs Allowed (Occurrences). The Zoning Ordinance does not consider
whether or not a zoning lot contains multiple users; instead, it sets a hard cap at no more than six
temporary signs. As such, a shopping center, which could contain dozens of users, is treated the
same as a zoning lot with one use. Staff often has to advise businesses that another business
within their development has already used the annual allowance. The proposed amendment
provides additional numbers of signs for zoning lots with four or more users (the Zoning
Ordinance already uses the number four as the level at or above which a zoning lot could qualify
for a shopping center monument sign) and, where a zoning lot has more than one user, it
proposes to cap the maximum number of temporary signs that any one business could display at
four.
4. Enforcement. The effort to minimize sign clutter along city commercial corridors is time
consuming, especially considering changing temporary signs. As such, the proposed amendment
includes a new requirement that a temporary sign conspicuously display a sticker that one will
receive upon receipt of their temporary sign permit. In this manner, a code enforcement officer
can quickly visually determine whether or not a sign in the field has been permitted.
Staff believes that proposed changes to the zoning ordinance enhance its effectiveness. Most
importantly, staff believes that the accommodations, which are intended to help businesses, do not
undermine the city's efforts to portray a positive image. In other words, staff does not believe that these
accommodations will suddenly introduce excessive sign clutter.
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Page 3 of 4
RECOMMENDATION & FINDINGS OF FACT
The Planning & Zoning Commission unanimously recommends approval of this amendment to the text
of the Zoning Ordinance upon finding that:
❑ Will enhance the effectiveness of the zoning ordinance;
❑ Will provide businesses and other entities additional flexibility when deploying temporary
signage;
❑ Will not negatively affect city efforts to promote a positive image, which includes reducing sign
clutter; and
❑ Will increase the ease and effectiveness of enforcing regulations regarding temporary signs.
Respectfully Submitted,
s/Bob Siljestrom
Bob Siljestrom, Chairman
Planning and Zoning Commission
s/ Sarosh Saher
Sarosh Saher, Secretary
Planning and Zoning Commission
Page 4 of 4
19.50.090: SPECIAL STREET GRAPHICS:
H. Temporary Graphic: Only those `principal uses" [SRI with a valid Certificate of Occupancy or those
uses established as a temporary use in accordance with Section 19.90.015, "Use, Temporary" may
display a A-temporary graphic may be displayed in compliance with the provisions of this section and
the other provisions of this chapter.
1. Maximum Size: on- --temper-ary-basis on a zoning lot a maximum of six (6) times per calendar
year for a period not to exceed fifteen (15) days for each permit. No temporary graphic shall
exceed thirty two (32) square feet in surface area or eleven ten (1410) linear feet in height. The
number and surface area of temporary graphics shall not limit the number or surface area of other
allowable street graphics on a "zoning lot" [SRI.
2. Type: Temporary graphics shall be e- e - -. _ _ e-'•• - • constructed of weather-proof
materials either erected as a ground graphic or affixed or attached to a"building" [SRI or"fence or
wall" [SRI in the manner of a wall graphic. No temporary graphic shall include pennants or
portable graphics. •- .-..e- _-- .•-- - - -••ee _ - _- •e -- -.
or surface area of other allowable street graphics on a zoning lot.
3. Allowable Zoning Districts: Temporary graphics shall be allowed only in those zoning districts
listed within Sections 19.07.300 D. Community Facility Districts, E. Business Districts, and F.
Industrial Districts •- - -e•-••- - - , - _ • -- e- ••• - ,
- e•e e •e-e e. •- - , • _ - -- _- • - •- -- --•ter city district, CC2 center city
commercial industrial district zoning districts.
4. Maximum Number:
a. No more than one (1) temporary graphic shall be allowed upon a"zoning lot" [SRI at any
time.
b. On a "zoning lot" [SR] containing three (3) or fewer"principal uses" [SRI which have
received a Certificate of Occupancy, the total number of temporary graphics displayed
during a calendar year shall not exceed six (6).
c. On a`zoning lot" [SRI containing four(4) or more "principal uses" [SRI which have
received a Certificate of Occupancy, the total number of temporary graphics displayed
during a calendar year shall not exceed twelve (12).
d. On a "zoning lot" [SRI containing more than one (1) "principal use" [SRI which has
received a Certificate of Occupancy, no one (1) "principal use" [SRI shall display more
than four (4) temporary graphics during a calendar year.
5. Duration of Display for Uses with a Certificate of Occupancy: A "principal use" [SRI which has
received a Certificate of Occupancy may display a temporary graphic for not more than fifteen
(15) consecutive days.
6. Duration of Display for Uses Established as a Temporary Use: A"temporary use" [SRI
established in accordance with Section 19.90.015, "Use, Temporary" may display a temporary
graphic seven (7) days in advance of. and on every day during the operation of, the"temporary
use" [SR]. For an "intermittent temporary use" [SRI on a -zoning lot" [SR1 containing no other
permanent street graphics, the temporary graphic may also be displayed on all days during the
approved fixed period of time,even though the"intermittent temporary use" may not actually be
operating or otherwise open or available to the general public.
7. Location: A temporary graphic shall only be located upon the zoning lot on which the "principal
use" fSRI or temporary use is established.
8. Permit and Sticker Requirements:
a. A permit for a temporary graphic shall state the start and end display dates for the
graphic, and the permit may be valid for more than one (1) such display period. Once
issued, that permit may only be amended in the same manner as the issuance of a new
permit, including the payment of a new permit fee.
b. All temporary graphics shall conspicuously display an approval sticker issued by the City
which includes the permit number and authorized display dates.
19.90.015: DEFINITIONS AND REGULATIONS:
USE, TEMPORARY: A"land use" [SR]which is established for a fixed period of time with the intent to
discontinue such use on the expiration of the time period. A temporary use shall be subject to the
4111)
following supplementary regulations:
A. Land Uses Allowed: A temporary use shall be limited to those permitted uses and accessory uses
allowed in the zoning district in which the temporary use is to be located, unless specifically
authorized otherwise.
B. Number And Duration: No more than four(4)temporary uses shall be conducted on the same
"zoning lot" fSRI within a calendar year. No one (1)temporary use shall be conducted established or
operate for a period of time which exceeds more than thirty(30) days, and the total number of days
for all . Where two(2)or more temporary uses are established or operating on the same"zoning lot"
]SRI within a calendar year, the�,porary-uses shall be -*•*-_ _ _ _• ... __ • e- -_: a •••
not to exceed sixty (60) days. More than one (1) temporary use may be established or operate on the
same zoning lot at the same time; however, for each temporary use, one(1) day of establishment or
operation of each temporary use is counted against the maximum number of sixty (60) days allowed.
Except as provided for an "intermittent temporary use" [SR], the days a temporary use operates or is
otherwise open or available to the general public shall be consecutive, and each such time period
shall constitute one (1) of the four(4) allowable temporary uses within a calendar year. This
subsection B. permits the setting up or removal of a temporary use before or after the time period in
which it is allowed to operate, respectively, provided the total number of days of establishment and
operation do not exceed thirty (30) and the operator works diligently to both set up and remove the
temporary use.
C. Setbacks: A temporary use shall maintain a minimum fifteen foot(15') setback from all"street lot
lines"[SR] and a minimum ten foot(10') setback from all "interior lot lines" [SR]. Temporary uses shall
maintain a minimum one hundred foot(100') setback from all interior lot lines which adjoin any
residence conservation district or residence district, where such temporary use is not located within
such zoning districts.
D. Operation: Temporary uses may be operated outdoors. No temporary use shall be operated in
such a manner as to cause a public nuisance including, but not limited to, stormwater runoff onto
adjoining property, soil erosion, unsafe vehicular access or on site vehicular circulation, or any other
activity that jeopardizes the public health, safety or welfare.
E. Permit Required: A temporary use shall not be established or operate before receiving a
Temporary Use Permit. Such permit shall state the absolute start and end dates of the temporary
use and the days of operation between said dates.
F. Other Codes And Ordinances: A temporary use shall comply with all other codes and ordinances,
except the provisions for the required number of parking spaces. "Intermittent temporary uses" [SRI
are further and distinctly defined within this section 19.09.015 and subject to the supplemental
regulations associated therewith.
USE, INTERMITTENT TEMPORARY: A"temporary use" [SRI at which at least five (5) separate and
distinct businesses provide goods and services directly to the public no more than two (2) times per
week and on no more than thirty (30) regularly scheduled and predetermined days over a fixed period
of time not to exceed six (6) months. An intermittent temporary use does not include a "residential
garage sale" [SRI, "outdoor display area" [SRI, "outdoor display lot" [SRI, "outdoor eating and drinking
facility" [SRI, "commercial operations yard" [SRL "junk yard"[SRI, or"motor vehicle wrecking yard"
ISM. An intermittent temporary use is subject to the"temporary use" [SRI supplementary regulations,
except:
A. When operated outdoors, such use shall be located upon a `'zoning lot" [SRI greater than or equal
to two (2) acres; and
A.B. The entire approved fixed period of time during which the intermittent temporary use is
established or operates constitutes one single "temporary use" [SRI as envisioned and limited by
the supplementary regulations for"temporary use" [SR].
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3 STATE OF ILLINOIS )
SS.
4 COUNTY OF BANE )
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BEFORE THE PLANNING AND ZONING COMMISSION
6 OF THE CITY OF ELGIN
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In Re the Matter of: )
8 )
City-wide Text Amendment )
9 Regarding Temporary Uses, ) No. 21-12
Temporary Graphics, and Other )
10 Provisions of the Zoning )
Ordinance. )
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12 REPORT OF PROCEEDINGS had at the hearing of
13 the above-entitled matter before the Planning and
14 Zoning Commission of the City of Elgin in the
15 Elgin Municipal Building, Second Floor,
16 150 Dexter Court, Elgin, Illinois, on May 7,
17 2012, at the hour of 7: 19 p.m.
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1 PRESENT:
2 MR. ROBERT SILJESTROM, Chairman;
3 MS . CHRISTINE AWE , Member ;
4 MR. JAY COX, Member ;
5 MS . BETH KRUGER, Member;
6 MR. ANTHONY PEDOTE , Member; and
7 MR. JACK RODER, Member .
8 ALSO PRESENT :
9 MR. SAROSH SANER, Senior Planner;
10 MR. DAVE WADEN, Senior Planner .
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REPORT OF PROCEEDINGS -- 5/7/2012
PETITION 21-12
3
1 CHAIRMAN SILJESTROM: The next item
2 on our agenda is a text amendment, city-wide,
3 21-12, text amendment regarding temporary uses,
4 temporary graphics, and other provisions of the
5 zoning ordinance, and like the other petition, I
6 have heard that there is something pending on
7 that.
a Gentlemen of the staff, what is it?
g MR. SANER: This is, again,
10 consideration of Petition 21-12, a text amendment
11 regarding temporary uses, temporary graphics, and
12 other provisions of the zoning ordinance.
13 At this time, staff is recommending that
14 consideration of this petition be continued to
15 the June 4th, 2012, meeting of the Commission.
16 CHAIRMAN SILJESTROM: Having heard
17 that from staff, the Chair will then entertain a
18 motion on their request. The request is to
19 continue consideration of this petition until
20 June 4th of 2012.
21 Is there a motion to do that?
22 MEMBER KRUGER: So moved.
23 MEMBER RODER: Second.
24 CHAIRMAN SILJESTROM: Any discussion?
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PETITION 21-12
4
1 (No response. )
2 CHAIRMAN SILJESTROM: Secretary,
3 please call the roll.
4 MR. SABER: Ms . Awe.
5 MEMBER AWE: Yes .
6 MR. SABER: Mr. Cox.
7 MEMBER COX: Yes.
8 MR. SABER: Ms. Kruger.
9 MEMBER KRUGER: Yes.
10 MR. SABER: Mr. Pedote.
11 MEMBER PEDOTE: Abstain.
12 MR. SABER: Mr. Roder. 47)
13 MEMBER RODER: Yes.
14 MR. SABER: Chairman Siljestrom?
15 CHAIRMAN SILJESTROM: Yes .
16 MR. SABER: Thank you.
17 (Whereupon, at 7:20 p.m. , the
18 hearing was continued to June
19 4th, 2012, at 7:00 p.m. )
20
21
22
23
24
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1 STATE OF ILLINOIS )
SS.
2 COUNTY OF KANE )
3
4 I, JOANNE E. ELY, Certified Shorthand
5 Reporter No. 84-4169, CSR, RPR, and a Notary
6 Public in and for the County of Kane, State of
7 Illinois, do hereby certify that I reported in
8 shorthand the proceedings had in the
9 above-entitled matter and that the foregoing is a
10 true, correct, and complete transcript of my
11 shorthand notes so taken as aforesaid.
12 IN TESTIMONY WHEREOF I have hereunto set my
13 hand and affixed my Notarial Seal this 16th day
14 of May, 2012.
15
16
17 ..
Ler,
18
Cal 3 lo ..
19 Certified Shorthan Reporter
20
21 My commission expire -
OFFICIAL SEAL
May 16, 2016. JOANNE E ELY
NOTARY PUBLIC-STATE OF ILLINOIS
22 MY COMMISSION EXPIRES:05/16116
23
24
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Page 1
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REPORT OF PROCEEDINGS - 6/4/2012
1
1 S61400-2
2 STATE OF ILLINOIS )
SS.
3 COUNTY OF COOK )
4 BEFORE THE CITY OF ELGIN
PLANNING AND ZONING COMMISSION
5
In Re the Matter of: )
6 )
Text Amendment Regarding ) Petition
7 Temporary Uses, Temporary ) No. 21-12
Graphics, and other Provisions )
8 of the Zoining Ordinance. )
9 REPORT OF PROCEEDINGS had at the hearing
10 of the above-entitled matter, before the City
11 of Elgin Planning and Zoning Commission, taken
12 at the City of Elgin Municipal Building, 150
13 Dexter Court, Elgin, Illinois, on June 4, 2012,
14 at the hour of 8:20 p.m.
15 PRESENT:
16 MR. ROBERT SILJESTROM, Chairman;
17 MS. BETH KRUGER, Member;
18 MS. EMI MORALES, Member;
19 MR. ANTHONY PEDOTE, Member; and
20 MR. LORETTA REVESZ, Member.
21 ALSO PRESENT:
22 MR. SAROSH B. SABER, Senior Planner; and
23 MR. MARC S. MYLOTT, Director of Community
Development.
24
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47)
2
1 CHAIRMAN SILJESTROM: The next item
2 on the agenda is one of very special
3 importance, and we have the great honor of
4 having Mr. Mylott be the one to lead this
5 tonight.
6 Mr. Mylott?
7 MEMBER PEDOTE: Mr. Chairman, point
8 of order, I'm going to excuse myself, due to a
9 conflict of interest, from this matter.
10 CHAIRMAN SILJESTROM: You are
11 excused, sir.
47)
12 MR. MYLOTT: Thank you,
13 Mr. Chairman.
14 As Staff described in your Staff report,
15 there are a few zoning issues that we deal with
16 on a regular basis administratively that pose
17 more head-scratching than dealing with
18 temporary uses, temporary signs, and the
19 disconnect between the two. We've outlined
20 some of those questions or imponderables that
21 we deal with.
22 So what Staff has proposed to address
23 those problems is a comprehensive review and
24 recommendation of how the zoning ordinance
47)
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3
1 handles temporary uses and temporary signs.
2 Essentially, we have summarized the
3 changes that we are recommending in Table 1 of
4 your Staff report and provided in the
5 right-hand-most column a brief blurb describing
6 our rationale for that change, but there are a
7 couple of changes that we feel bear additional
8 description.
9 First and foremost is clarification of
10 the number of temporary uses per year. There' s
11 language that establishes the definition of a
12 temporary use, which could lead one to think
13 that it' s talking about specific events that
14 are allowed on a zoning lot in one calendar
15 year.
16 Currently the zoning ordinance says you
17 may have four temporary uses. In the same
18 vein, one could read that language and believe
19 that a temporary use is a much broader category
20 of land use such that you could have a number
21 of different events under the general category
22 of four different types.
23 For example, you could have ten
24 different events; and as long as they were
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4
1 retail, that would only be one temporary event.
2 Staff has experience in reviewing these
3 types of considerations both ways and believes
4 that the latter interpretation of multiple
5 events under a much broader category is too
6 liberal.
7 So what this proposed amendment does is
8 clarify that the maximum number of discrete
9 events -- temporary events that could occur on
10 any one zoning law per calendar year is in fact
11 four.
12 It maintains the notion that a temporary
13 use could not occur any more than 30 days in
14 and of itself; and if in fact a property owner
15 chose to have more than one temporary event on
16 a zoning lot, then the maximum number that
17 could occur would be no more than 60 days.
18 So that's kind of the first big clarification.
19 The second is to include a recognition
20 of certain types of uses that don't fall within
21 the application of temporary uses that the days
22 of operation of a temporary use need be
23 consecutive. These are specially organized,
24 regularly occurring, predetermined yet
A7)
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5
1 intermittently occurring temporary uses.
2 Probably the best example of a use like
3 that is a seasonal market or farmers market
4 where you have a definite beginning and end,
5 where you have a large collection of users
6 coming together in an organized fashion, and
7 that those occur temporarily no more than once
8 or twice a week but are predetermined and
9 established on a regular basis.
10 Staff recommends a structure that would
11 recognize those types of uses as not having to
12 actually occur every single day from Point A to
13 Point 8 but still establish a beginning and end
14 and ensure that the number of days in between
15 doesn't exceed the 30. So that's kind of the
16 big change number two.
17 The third item is to get a degree of
18 consistency between the number of temporary
19 signs that are allowed as those temporary signs
20 relate to a temporary use.
21 As I 've described, a temporary use could
22 be allowed to occur on a zoning lot up to a
23 maximum number of 30 days; but the maximum
24 number of days that a temporary sign could be
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'7)
6
1 allowed on a particular property is only 15
2 days.
3 So what this amendment does would be to
4 recognize that if a temporary use is allowed,
5 that allowances be made for temporary signs to
6 run for the duration of that temporary use.
7 Finally, we recommend a slight change to
8 the way in which a temporary sign would have to
9 be posted, and that is to aim to code
10 enforcement.
11 Currently, because of the way that --
12 the number of temporary signs that are out
13 there, the change that these occur, it's
14 difficult for a field inspector to know whether
15 or not they're looking at a lawfully
16 established sign or not.
17 What we would be proposing would be a
18 labeling of that sign in a discrete but visible
19 location that would have on the sign the dates
20 that the sign is allowed so that a code
21 enforcement inspector on a simple drive-by
22 would know whether they are dealing with a sign
23 that has been lawfully established or one that
24 hasn't.
47)
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1 Again, there are a couple different
2 changes -- a couple different other changes in
3 here that are less substantive in nature, and
4 those are outlined in Table 1.
5 I would submit that the only other big
6 change, I guess, would be to recognize that the
7 proposal makes allowances to ensure that where
8 you have a zoning lot that has a shopping
9 center on it, for example, that we include a
10 cap on the number of temporary signs that one
11 specific business could pull because currently
12 where we say on a shopping center if you had,
13 for example, 12, 13, 14 different uses, that
14 one zoning lot is allowed six temporary signs.
15 You could have one business come in and
16 take the entire allowance for that zoning lot
17 for that calendar year.
18 So what we've done is recognize that the
19 zoning ordinance already has a structure in
20 place that establishes what is a shopping
21 center. It recognizes that as four
22 principal uses per the zoning lot.
23 So that' s where we drew the line so that
24 we were consistent with the current scheme in
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.7)
8
1 the zoning ordinance, and we've made a greater
2 allowance of the number of temporary signs that
3 could go on those larger, more dense zoning
4 lots, dense from a number of users perspective,
5 and then set a cap that no one user could
6 consume all of the temporary signs that would
7 otherwise be allowed.
8 I think that generally summarizes the
9 recommendation, and I 'd be happy to field any
10 questions that you might have.
11 CHAIRMAN SILJESTROM: Mr. Mylott --
12 MR. MYLOTT: Yes, sir.
13 CHAIRMAN SILJESTROM: -- I may have
14 made a mistake.
15 I assumed that this was not a required
16 publication.
17 MR. MYLOTT: It is a required
18 publication.
19 CHAIRMAN SILJESTROM: It is. Then
20 I ask: Do you have evidence of proper notice?
21 MR. MYLOTT: Yes, sir, we do.
22 CHAIRMAN SILJESTROM: Do you have
23 any indication of interested parties?
24 MR. MYLOTT: No, sir, we don't.
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1 CHAIRMAN SILJESTROM: Let the
2 record show no interested parties.
3 We have a proposal from Mr. Mylott
4 before us. It's on 21-12. He has taken great
5 lengths to explain what the purposes are. The
6 Chair will entertain a motion on 21-12 .
7 MEMBER MORALES: For clarification
8 purposes, do we have a quorum for this?
9 MR. MYLOTT: Yes, we do.
10 MEMBER KRUGER: I have a question.
11 CHAIRMAN SILJESTROM: Ms. Kruger
12 has a question.
13 MEMBER KRUGER: I 'm just wondering.
14 I'd like a clarification of how many businesses
15 and the types of businesses this affects
16 immediately.
17 MR. MYLOTT: Well, in terms of
18 temporary signs, currently any business in the
19 city would be allowed to pull a permit for a
20 temporary sign provided someone -- provided the
21 allowances afforded that zoning lot haven't
22 already been consumed. This would affect,
23 similarly, all of them.
24 MEMBER KRUGER: So existing
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10
1 businesses and nonprofits and anybody who
2 wanted to come into the community to work on a
3 site?
4 MR. MYLOTT: Yes, ma'am.
5 As Sarosh said, essentially any
6 nonresidential use on a zoning lot would be
7 entitled to take advantage of these provisions.
8 MEMBER KRUGER: Okay. This is
9 significantly more restrictive than what we've
10 had before?
11 MR. MYLOTT: No, I wouldn't say
47)
12 that.
13 In fact, I would suggest that we have
14 tried to make some allowances recognizing some
15 of the common -- I hate to use the word
16 "complaints. " That seems a little strong.
17 Concerns, I guess, might be a better way to say
18 it.
19 We do get instances where someone wants
20 to come in and pull a permit for a temporary
21 sign, and we have to regretably advise them
22 that "We're sorry, but your zoning lot doesn' t
23 have any allowances. "
24 We believe this new scheme, while it
47,
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1 won't eliminate, should minimize that or create
2 greater opportunity for businesses to have
3 temporary signs. More so we've changed some of
4 the ways in which those signs could be
5 displayed.
6 Currently the only way in which you
7 could display a temporary sign would be of a
8 banner material, and that then could be affixed
9 to either the building or down on the ground.
10 So what we have said is "As long as the
11 material that you're using to display is
12 weatherproof. " For example, that hard plastic
13 that you see, currently someone couldn't use
14 that as a temporary sign. We would now allow
15 that type of material to be a temporary sign.
16 Similarly, if someone wanted to put a
17 temporary sign mounted to a fence or to a wall,
18 that would now be a location that they could
19 use to display their temporary signs.
20 So we believe this offers greater
21 opportunity, greater flexibility for our
22 business community.
23 MEMBER KRUGER: Thank you for your
24 clarification.
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47)
12
1 MR. MYLOTT: You're welcome.
2 CHAIRMAN SILJESTROM: Anyone else
3 on the Commission have a thought or question
4 for Mr. Mylott?
5 I think it's appropriate for me to ask
6 if there's anyone in the audience who has a
7 comment or a thought with regard to 21-12. Let
8 the record show that no one in the audience
9 raised their hand.
10 Moving ahead, then, the Chair will
11 entertain a motion with regard to 21-12. I
47)
12 don't hear anybody.
13 MEMBER MORALES: I move to
14 recommend that the City Council approve
15 Petition 21-12 subject to the conditions
16 outlined with our package and to adopt, also,
17 the Findings of Fact as outlined in our packet.
18 MEMBER KRUGER: Second.
19 CHAIRMAN SILJESTROM: Second.
20 Any discussion? Secretary, please call
21 the roll.
22 MR. SANER: Ms. Morales.
23 MEMBER MORALES: Yes.
24 MR. SANER: Ms. Kruger.
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13
1 MEMBER KRUGER: Yes.
2 MR. SABER: Ms. Ravesz .
3 MEMBER REVESZ: Yes.
4 MR. SAHER: Mr. Pedote abstained.
5 And Chairman Siljestrom.
6 CHAIRMAN SILJESTROM: Yes.
7 MR. SAHER: The motion passes.
8 CHAIRMAN SILJESTROM: This
9 concludes our consideration of 21-12.
10 (Which were all of the
11 proceedings had in the
12 above-entitled matter,
13 concluding at 8:25 p.m. )
14
15
16
17
18
19
20
21
22
23
24
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14
1 STATE OF ILLINOIS )
SS.
2 COUNTY OF DU PAGE )
3
4 I, Jean S. Busse, Certified Shorthand
5 Reporter No. 84-1860, Registered Professional
6 Reporter, a Notary Public in and for the County
7 of DuPage, State of Illinois, do hereby certify
8 that I reported in shorthand the proceedings
9 had in the above-entitled matter and that the
10 foregoing is a true, correct and complete
11 transcript of my shorthand notes so taken as
014)
12 aforesaid.
13 IN TESTIMONY WHEREOF I have hereunto set
14 my hand and affixed my notarial seal this 5th
15 day of June 2012.
16
17
18 ¢cagey>j
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19 2444,
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20 Notary Public 4c,- '�ti
21
22 My Commission Expires OFFICIAL SEAL
JEANSMME
NOTARY PUBLIC-STATE OF ILLINOIS
23 July 13, 2013. MY COMMISSION EXPIRES:07113/13
24
44)
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