G24-17 Ordinance No. G24-17
AN ORDINANCE
AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "STREET GRAPHICS"
WHEREAS,written application has been made to amend Chapter 19.50 of the Elgin Zoning
Ordinance entitled "Street Graphics"; and
WHEREAS,the Planning and Zoning Commission has held a public hearing concerning the
proposed amendments after due notice in the manner provided by law; and
WHEREAS, the Planning and Zoning Commission has submitted its written findings and
recommendation that the requested amendments be granted; and
WHEREAS, the City Council concurs in the findings and recommendation of the Planning
and Zoning Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS,zoning, including but not limited to, regulations in the city's zoning ordinance
relating to street graphics, pertain to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the findings of facts
dated May 1, 2017, made by the Planning and Zoning Commission, a copy of which is attached
hereto and made a part hereof by reference as Exhibit A.
Section 2. That Section 19.50.010 of the Elgin Municipal Code, 1976,as amended,entitled
"Statement of Purpose" be and is hereby further amended to read as follows:
"The purpose of this chapter is to create the legal framework for a comprehensive and
balanced system of street graphics that will preserve the right of free speech and
expression, provide easy and pleasant communication between people and their
environment,and avoid the visual clutter or distraction that are potentially harmful to
traffic and pedestrian safety,property values,business opportunities,and community
appearance. With these purposes in mind, it is the intent of this chapter to authorize
the use of street graphics to:
A. Promote the free flow of traffic and protect pedestrians and motorists from
injury and property damage caused by, or which may be fully or partially
attributable to cluttered, distracting, or illegible signage;
B. Promote the use of graphics which are aesthetically pleasing, of appropriate
scale, and integrated with surrounding buildings and landscape, in order to
meet the community's expressed desire for quality development;
C. Provide functional flexibility, encourage variety, and create an incentive to
relate signing to basic principles of good design;
D. Assure that public benefits derived from expenditures of public funds for the
improvement and beautification of streets, and other public structures and
spaces,are protected by exercising reasonable controls over the character and
design of graphic structures;
E. Provide an improved visual environment and to protect prominent view sheds
within the community by authorizing the use of street graphics that are:
1. Compatible with their surroundings;
2. Appropriate to the activity that displays them;
3. Expressive of the identity of individual activities and the community
as a whole;
4. Legible in the circumstances in which they are seen; and
5. Unlikely to distract drivers to a dangerous degree.
F. Provide regulations which preserve the right of free speech and expression."
Section 3. That Section 19.50.020 of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions" be and is hereby further amended as follows:
By amending the definition of a "BANNER" to read as follows:
"BANNER: A graphic composed of a visual display on lightweight material
either enclosed or not enclosed in a rigid frame and secured or mounted to
allow motion caused by the atmosphere."
By deleting therefrom the definition of a "COMMERCIAL GRAPHIC".
By adding thereto the following definition of a "GOVERNMENT GRAPHIC":
"GOVERNMENT GRAPHIC: A government graphic is a graphic that is
constructed, placed or maintained by the federal government, state
government,or city on federal government, state government,or city-owned
or leased property, or a graphic that is required to be constructed, placed or
- 2 -
maintained by the federal government, state government, or city either
directly or to enforce a property owner's rights."
By deleting therefrom the definition of"NONCOMMERCIAL STREET GRAPHIC".
By amending the definition of a'OFF PREMISES STREET GRAPHICS"to read as
follows:
"OFF PREMISES STREET GRAPHICS: A street graphic that advertises
goods,products or services which are not sold, manufactured or distributed
on or from the premises or facilities on which the street graphic is located,
including, but not limited to, graphics commonly referred to as billboards."
By amending the definition of a "PENNANT" to read as follows:
"PENNANT: Any lightweight plastic, fabric or other material, suspended
from a rope,wire,or string,usually in series,designed to move in the wind."
By adding thereto the following definition of a "SNIPE GRAPHIC":
"SNIPE GRAPHIC: Any small graphic, generally of a temporary nature,
made of any material,when such graphic is stuck in the ground on a property
or tacked, nailed, posted, pasted, glued or otherwise attached to trees,poles,
stakes, fences, or other objects not owned, erected and maintained by the
owner of the graphic."
By amending the definition of a "STREET GRAPHIC" to read as follows:
"STREET GRAPHIC: A visual display which is affixed to, painted or
represented directly or indirectly upon a building, structure or other outdoor
surface designed to identify,announce,direct,or inform that is visible from a
public right of way. The term "street graphic" includes, but is not limited to,
banners, pennants, streamers, moving mechanisms, and lights. The terms
"street graphic" and "sign" are used interchangeably in this chapter and this
title."
By amending the definition of a "TEMPORARY STREET GRAPHIC" to read as
follows:
"TEMPORARY STREET GRAPHIC: A street graphic intended to be
displayed for a transitory or temporary period. Portable street graphics, or
any street graphic not permanently embedded in the ground or not
permanently affixed to a building or sign structure that is permanently
embedded in the ground, are considered temporary street graphics."
- 3 -
By amending the definition of a"TEMPORARY WINDOW GRAPHIC" to read as
follows:
"TEMPORARY WINDOW GRAPHIC: A window graphic displayed for a
limited period of time, including a graphic made of paper and mounted with
tape or other like adhesive material to the interior of a window."
By adding thereto the following definition of a "VEHICLE GRAPHIC"
"VEHICLE GRAPHIC: Any graphic attached to or displayed on a vehicle."
Section 4. That Section 19.50.030 of the Elgin Municipal Code, 1976, as amended,
entitled "General Regulations" be and is hereby further amended by amending subparagraph D
thereof to read as follows:
"D. Any exempt street graphic,as enumerated in section 19.50.120 of this
chapter,and the following street graphics shall be the only street graphics allowed in
those zoning districts listed within subsections 19.07.300B,"Residence Conservation
Districts", and C, "Residence Districts" of this title,except as otherwise specifically
regulated by this chapter, and with the noted exceptions:
1. Canopy graphics, in the MFR multiple-family residence district only.
2. Directional graphics.
3. Subdivision entrance graphics.
4. Temporary street graphics allowed under Section 19.50.0901-11.
5. Flags.
6. Building Markers.
Section 5. That Section 19.50.030 of the Elgin Municipal Code, 1976, as amended,
entitled "General Regulations" be and is hereby further amended by adding a new subparagraph E
thereto to read as follows:
"E. All street graphics containing only non-commercial messages are
deemed to be on premise street graphics."
Section 6. That Section 19.50.080 of the Elgin Municipal Code, 1976, as amended,
entitled "Wall and Integral Roof Graphics" be and is hereby further amended by amending
subparagraph H thereof entitled "Window Graphic" to read as follows:
- 4 -
"H. Window Graphic: Window graphics may be located on the interior or
the exterior of a window, and may be visible from the exterior of a building or
structure regardless of the manner in which it is attached or mounted. Window
graphics shall be considered wall graphics and shall be limited in size to no more
than twenty-five percent (25%) of the window area. Window graphics shall be
deducted from the total allowable graphic surface area for wall graphics for each
occupant or building on each zoning lot, however, window graphics shall not be
counted against the maximum number of wall graphics otherwise allowed. Window
graphics shall be allowed only in the CF community facility district, RB residence
business district,NB neighborhood business district,AB area business district,CC 1
center city district, CC2 center city district and the ORI office research industrial
district, GI general industrial district and Cl commercial industrial district zoning
districts."
Section 7. 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 with respect to temporary graphics to read as follows:
"H. Temporary Graphic: A temporary graphic may be located only in
compliance with the provisions of this section and the other provisions of this
chapter. Temporary graphics shall not be placed less than five(5)feet from any other
privately owned property. Temporary graphics shall not be illuminated. If building
mounted,temporary graphics must be flush mounted and must not project above the
roof line.
1. Temporary graphics are allowed in all zoning districts as follows:
a. A property owner may place one(1)temporary graphic with a surface
area no larger than three (3) square feet on the property at any time.
This section does not include snipe graphics.
b. A property owner may place a temporary graphic no larger than 8.5
inches by 11 inches in one (1) window on the property at any time.
C. One(1)temporary graphic that is not a snipe graphic may be located
on a property when:
(1) The property owner consents and that property is being
offered for sale or lease through a licensed real estate agent.
(2) If not offered for sale or lease through a real estate agent,
when the graphic is owned by the property owner and that
property is offered for sale or lease by the property owner
through advertising in a local newspaper of general
circulation or on an internet based real estate website.
- 5 -
(3) Such temporary graphic shall be removed within seven (7)
days of the consummation of the sale of the property or the
execution of a lease for the property.
(4) Such temporary graphic shall not exceed six(6)square feet in
surface area on a property that is less than one (1) acre, shall
not exceed thirty-two (32) square feet in surface area on a
property that is one (1) acre but less than five (5) acres, and
shall not exceed eighty (80) square feet in surface area on a
property that is five (5) acres or more.
d. One(1)temporary graphic with a surface area no larger than three(3)
square feet may be located on the owner's property on the day prior to
and on a day when the property owner is opening the property to the
public;provided,however,the owner may not use this type of graphic
in a residential district more than three(3)times in a year for no more
than four (4) consecutive days each and may not use this type of
graphic in any non-residential zoning district for more than fourteen
(14) days in a year and the days must be consecutive. For the
purposes of this section, a year shall consist of a calendar year. This
section does not authorize snipe signs.
e. One (1)temporary graphic that is not a snipe graphic may be located
on a property when:
(1) The property owner consents,and a building permit has been
issued for the property and active construction is taking place
on the property.
(2) Such temporary graphic shall be removed upon the earlier of
the issuance of an occupancy permit,temporary or otherwise,
for the property or twelve (12) months from the date the
building permit was issued. For construction that does not
result in the issuance of an occupancy permit, the temporary
graphic shall be removed upon the earlier of the completion of
inspections by the City or twelve (12) months from the date
the building permit was issued.
(3) Such temporary graphic shall not exceed six(6)square feet in
surface area on a property that is less than one (1) acre, shall
not exceed thirty two (32) square feet in surface area on a
property that is one (1) acre but less than five (5) acres, and
shall not exceed eighty (80) square feet in surface area on a
property that is five (5) acres or more.
- 6 -
£ For the purposes of this Section 19.50.090H,the lessee of a property
is considered the property owner as to the property the lessee holds a
right to use exclusive of others (or the sole right to occupy). The
terms of a lease or other agreement under which the property is
occupied controls in determining whether the property is occupied
exclusively by a lessee. If there are multiple lessees of a property,
then each lessee must have the same rights and duties as the property
owner as to the property the lessee leases and has the sole right to
occupy and the size of the property must be deemed to be the property
that the lessee has the sole right to occupy under the lease.
g. A property owner may not accept a fee for posting or maintaining a
temporary graphic allowed under this Section 19.50.090HI and any
graphic that is posted or maintained in violation of this provision is
prohibited.
h. In the zoning districts listed within subsections 19.07.300B
"Residence Conservation Districts" and C "Residence Districts" of
this title, or on any property used for nontransient residential uses,
commercial graphics are prohibited.
2. Temporary graphics are also allowed only in those zoning districts listed
within subsections 19.07.300D,"Community Facility Districts",E,"Business
Districts", and F, "Industrial Districts" of this title, as follows:
a. Temporary graphics allowed under this Section 19.50.0901-12 shall be
limited to only those "principle uses" [SR] with a valid certificate of
occupancy(which includes certificates of reoccupancy and temporary
certificates of occupancy)or those uses established as a temporary use
in accordance with Section 19.90.015,"Use,Temporary",of this title.
b. 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].
C. Type: Temporary graphics shall be constructed of weatherproof
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.
d. Maximum Number:
- 7 -
(1) No more than one temporary graphic shall be allowed upon a
"zoning lot" [SR] at any time.
(2) 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).
(3) 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).
(4) On a "zoning lot" [SR] containing more than one "principal
use" [SR] which has received a certificate of occupancy, no
one "principal use" [SR] shall display more than four (4)
temporary graphics during a calendar year.
e. 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.
f. Duration Of Display For Uses Established As A Temporary Use: A
"temporary use" [SR] established in accordance with section
19.90.015, "Use, Temporary", of this title 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.
g. Location: A temporary graphic shall only be located upon the zoning
lot on which the"principal use" [SR] or temporary use is established.
h. Permit and Sticker Requirements:
(1) 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 such display period. Once issued, that permit
- 8 -
may only be amended in the same manner as the issuance of a
new permit, including the payment of a new permit fee.
(2) All temporary graphics shall conspicuously display an
approval sticker issued by the city which includes the permit
number and authorized display dates.
3. Temporary graphics are also allowed only in those zoning districts listed
within subsections 19.07.300D, "Community Facility Districts",E"Business
Districts" and F "Industrial Districts"of this title,whereby one(1)temporary
sign per one-quarter(.25)acre of land may be located on the owner's property
for a period of sixty(60)days prior to an election involving candidates for a
federal, state or local office that represents the district in which the property
is located or involves an issue on the ballot of an election within the district
where the property is located per issue and per candidate. Where the size of
the property is smaller than one-quarter(.25)acres,these temporary graphics
may be posted on the property for each principal building [SR] lawfully
existing on this property. This section does not authorize snipe signs. Such
temporary graphics shall not exceed thirty-two (32) square feet in surface
area, or exceed ten (10) feet in height.
Section 8. 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 I
thereof entitled "Electronic Changeable Copy Graphic" to read as follows:
"I. Electronic Changeable Copy Graphic: An electronic changeable copy
graphic may be located only in compliance with the provisions of this section and the
other provisions of this chapter.
1. Type: All electronic changeable copy graphics shall be part of a monument
graphic.
2. Zoning District Districts And Maximum Number: Electronic changeable
copy graphics shall be allowed only in the CF community facility district,NB
neighborhood business district,the AB area business district,the ORI office
research industrial district, CC2 center city district,the GI general industrial
district and the Cl commercial industrial district, as well as the like planned
development districts.
3. Maximum Size: The maximum size of the total electronic display panel(s)of
an electronic changeable copy graphic shall be the lesser of:
a. No more than fifty percent (50%) of the total allowable maximum
surface area for the monument graphic in which the electronic display
area is to be located; or
- 9 -
b. Forty (40) square feet for a monument graphic; or
C. One hundred (100) square feet for a shopping center identification
monument graphic.
Said panel(s) is not limited to a specific height or length, except that one
measure cannot be less than twenty-five percent(25%)of the other measure.
4. Location: No electronic changeable copy graphic shall be located within a
street yard adjoining a local street, or a collector street, where the property
located directly opposite the public right of way is located within a Residence
District or Residence Conservation District identified within Subsections
19.07.300 B and C, respectively.
5. Restrictions: An electronic changeable copy graphic shall be operated in
compliance with the following standards:
a. Electronic changeable copy graphics shall display static messages
only with no animation, effects simulating animation or video. No
continuous traveling, scrolling, flashing, spinning, revolving, or
shaking, or any other type of movement or motion of an image shall
be allowed.
b. The rate of change for any image shall be a minimum of ten (10)
seconds, i.e. each image displayed shall be displayed for a minimum
period of ten (10) seconds.
C. Any message change sequence shall be accomplished immediately
with no transition by changing from one screen to another by means
of fade, dissolve, roll, or other like transitional feature.
d. Maximum brightness levels for electronic changeable copy graphics
shall not exceed five thousand(5,000) nits when measured from the
sign's face at its maximum brightness,during daylight hours,and five
hundred (500) nits when measured from the sign's face at its
maximum brightness between dusk and dawn, i.e., the time of day
between sunrise and sunset. Electronic changeable copy graphics
shall include a fully operational light sensor that automatically adjusts
the intensity of the graphic according to the amount of ambient light.
e. Be designed to either freeze a display in one static position,display a
black screen, or turn off in the event of a malfunction.
- 10 -
f. An electronic changeable copy graphic shall not be operated,in whole
or in part, as an off premises street graphic.
g. All free standing graphics upon the associated zoning lot, including
directional graphics, shall be in compliance with all applicable
requirements of this chapter and other applicable requirements of law
unless those requirements have been previously varied by City
Council approval of a planned development or an area of special
character. The monument graphic in which the electronic display
area is to be located shall include a masonry base.
6. Limited To Conforming Graphics: An electronic changeable copy graphic
may be located only as part of a monument graphic which is in compliance
with all applicable requirements of this chapter and other applicable
requirements of law. No electronic changeable copy graphic may be located
as part of a nonconforming street graphic or nonconforming street graphic
structure.
Section 9. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended,
entitled"Special Street Graphics"be and is hereby further amended by adding a new subparagraph J
thereto entitled "Flags" to read as follows:
"J. Flags: Flags are permitted in all zoning districts. There shall be a
maximum of three (3) flags maintained on a zoning lot. The maximum size and
height of flags shall be determined by the speed limit of the public right-of-way
adjoining the yard within the zoning lot on which the flag is located in accordance
with the following requirements:
1. Speed limit of 30 mph or less: a flag shall not exceed twenty-five(25)feet in
surface area or twenty (20) linear feet in height.
2. Speed limit of 35 mph to 50 mph: a flag shall not exceed sixty (60) square
feet in surface area or forty (40) linear feet in height.
3. Speed limit of 55 mph or greater: a flag shall not exceed one hundred(100)
square feet in surface area or fifty (50) linear feet in height."
Section 10. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended,
entitled"Special Street Graphics"be and is hereby further amended by adding a new subparagraph K
thereto entitled 'Building Marker Graphic" to read as follows:
"K. Building Marker Graphic: Building marker graphics are allowed in all
zoning districts. A building marker graphic shall be cut into a masonry surface or
made of bronze or other permanent material. There shall be a maximum of one (1)
- 11 -
building marker permitted for each principal building [SR] on a zoning lot. No
building marker shall exceed four(4) square feet."
Section 11. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended,
entitled"Special Street Graphics"be and is hereby further amended by adding a new subparagraph L
thereto entitled "Vehicle Graphics" to read as follows:
"L. Vehicle Graphics:Vehicle graphics,either permanently or temporary,
shall be posted only on vehicles that are licensed,insured and operational. A vehicle
graphic shall not be used for the primary purpose of being parked at a location(s)to
attract attention to the vehicle graphic."
Section 12. That Section 19.50.110 of the Elgin Municipal Code, 1976, as amended,
entitled "Prohibited" be and is hereby further amended to read as follows:
"The following street graphics shall be prohibited in the city:
A. Graphics that by color, location, or design resemble or conflict with
traffic control graphics or signals.
B. Street graphics attached to light poles or standards.
C. Portable street graphics,except for temporary graphics authorized in
this chapter
D. A-frame graphics, except within the CC 1 center city district or CC2
center city district zoning districts.
E. Projecting graphics, except within the CC 1 center city district, CC2
center city district, NB neighborhood business district or AB area business district
zoning districts.
F. Roof graphics, except when designed in conjunction with an
architectural detail and approved by city council as part of a planned development or
as part of a development plan required by a planned development,and except integral
roof graphics. Authorized roof graphics designed in conjunction with an architectural
detail shall not count toward the allowable number and surface area of other wall
graphics.
G. Off premises graphics.
H. Vehicle graphics on unlicensed, uninsured or inoperable vehicles.
I. Any graphics that rotate, revolve, or have any visible moving part.
Any graphic that gives the appearance of movement.
- 12 -
J. Flashing graphics.
K. Graphics that move mechanically. Mechanical changeable copy is
permitted if the graphic change is no more than once every twenty four(24) hours.
L. Bare bulb illumination.
M. Attention getting devices, including searchlights, festoon lighting,
pennants,banners, spinners,streamers,balloons,inflatable graphics and other similar
devices,or ornamentation designed for purposes of attracting attention or promotion,
except as otherwise expressly permitted in this chapter.
N. Any structure that constitutes a hazard to public health or safety under
the provisions of this code.
O. Painted wall graphics.
P. Pole graphics.
Q. Electronic video display graphics.
R. Street graphics erected on the right of way of any public or private
street, road or right of way, except street graphics required by federal, state or local
law to be erected by a governmental agency.
S. Neon tube lighting or light emitting diode(LED)lighting outlining or
illuminating the features of a "building" [SR] or "structure" [SR] including, but not
limited to,windows,but excluding sign bands when approved by city council as part
of a planned development or as part of a development plan required by a planned
development.
T. Obsolete copy.Notwithstanding the nonconforming provisions of this
chapter, all obsolete copy shall be removed within thirty (30) days of the
discontinuance of the activity which is the subject of said copy. Compliance with the
requirement to remove obsolete copy is not satisfied by reversing(i.e.,turning such
copy so that it faces inward), rotating, altering, covering, or otherwise hiding or
obfuscating such copy. In the case of obsolete copy upon panels within a street
graphic frame,such panels shall be removed and replaced with a blank panel or panel
with lawful copy. Similarly, no street graphic frame shall remain unfilled or allow
any internal part or element of the street graphic structure to be visible, rather such
frames shall contain a blank panel or panel with lawful copy. Notwithstanding the
requirement in this section to remove obsolete copy,the development administrator
upon written application from the property owner may authorize obsolete copy to
remain on a street graphic located on a property within the CC 1 or CC2 center city
- 13 -
zoning districts, or on a property within a designated historic district or upon a
designated historic landmark, upon a written finding by the development
administrator that the obsolete copy conforms to at least one of the guidelines for
retaining historic signs listed within the most recent version of preservation brief no.
25, "The Preservation Of Historic Signs" issued by the national parks service, U.S.
department of interior.
U. Snipe Graphics."
Section 13. That Section 19.50.120 of the Elgin Municipal Code, 1976, as amended,
entitled "Exempt"be and is hereby further amended by amending subparagraph A thereof to read as
follows:
"A. The following graphics shall be exempt from the regulations of this
chapter:
1. Street graphics required by law.
2. Government graphics.
3. A street graphic that cannot be viewed from a public right of way.
4. A street graphic carried by a person.
5. Street graphics owned by a governmental unit and located in a public right of
way.
6. Temporary outdoor graphics on residential property which municipalities
may not prohibit the display of pursuant to 65 ILCS 5/11-13-1(12);provided,
however, such graphics shall not exceed thirty-two(32)square feet in surface
area or ten (10) feet in height.
B. The number and surface area of any street graphic designated as
exempt within this section shall not limit the number or surface area of other
allowable street graphics on a zoning lot. Except as otherwise provided in this
section,any street graphic designated as exempt within this section shall be allowed
in any zoning district.
Section 14. That Section 19.50.160 of the Elgin Municipal Code, 1976, as amended,
entitled"Permits" be and is hereby further amended by amending subparagraph A thereof to read as
follows:
"A. Permit Required: No person shall erect or display a street graphic
unless the development administrator has issued a permit for the street graphic, or
unless this section exempts the street graphic from the permit requirement."
- 14 -
Section 15. That Section 19.50.160 of the Elgin Municipal Code, 1976, as amended,
entitled"Permits"be and is hereby further amended by adding a new subparagraph G thereto to read
as follows:
"G. Exemptions. The following street graphics are exempt from the
permit requirement:
a. A street graphic exempted from the provisions of this chapter.
b. A temporary window graphic.
C. Flags.
d. Building marker graphics.
e. Temporary graphics allowed under Section 19.50.090H1 and Section
19.50.0901-13.
£ Vehicle graphics."
Section 16. That Section 19.50.150 of the Elgin Municipal Code, 1976, as amended,
entitled "Amortization of Designated Nonconforming Street Graphics" be and is hereby repealed.
Section 17. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 18. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. Kap , M4yor
Presented: June 28, 2017 F
Passed June 28, 2017 ] rx
Omnibus Vote: Yeas: 9 Nays: 0 r �
'. &`-
Recorded: June 28, 2017 "
C y:
Published: June 30, 20174
X
tt st:
r
wW A-
imberly Dewis, C ler
- 15 -
May 1, 2017
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 08-17, an application by
the City of Elgin requesting approval of amendments to the sign ordinance in response to the
decision of the U.S. Supreme Court in Reed v. Town of Gilbert regarding sign regulations and the
need to ensure that the city sign ordinance provides a content-neutral set of regulations. The
proposed amendments also include allowing for larger window signs and expanding the zoning
districts in which electronic changeable copy (LED) signs are allowed.
GENERAL INFORMATION
Petition Number: 08-17
Requested Action: Approval of a Text Amendment
Applicant: City ff Elgin
Staff Coordinator: Marc S. Mylott AICP• Director of Community Development
William A. Cogley; Corporation Counsel
BACKGROUND & AMENDMENT SUMMARY
The city's sign ordinance was adopted in 2005, and several amendments have been made to the
ordinance since that time. The city's sign ordinance in 2005 was based in substantial part on the
Model Street Graphic Ordinance in the American Planning Association Street Graphics and the
Law, revised edition, by Daniel Mandelker with Andrew Bertucci and William Ewald.
A recent significant legal development occurred regarding sign regulations when the U.S. Supreme
Court issued its opinion in the case of Reed v. Town of Gilbert,Arizona, 135 S.Ct. 2218 (2015).
The case involved the Town of Gilbert,Arizona sign code. The U.S. Supreme Court found that the
Town of Gilbert sign code violated the First Amendment. The Supreme Court found that the town
sign code was facially content-based because the sign code defined several different sign
categories on the basis of their messages and subjected each category to different restrictions. The
Exhibit A
Recommendation & Findings of Fact
Petition 08-17
May 1, 2017
Supreme Court also found that the content-based restrictions did not survive strict scrutiny because
the differential treatment between categories did not serve compelling governmental interests in
aesthetics and traffic safety and was therefore not narrowly tailored to serve these interests.
The city proposes to amend its sign ordinance in response to this decision of the U.S. Supreme
Court to ensure that the sign ordinance provides a content-neutral set of regulations. The proposed
amendments also include allowing for larger window signs and expanding the zoning districts in
which electronic changeable copy (LED) signs are allowed.
The following is a summary of the proposed amendments to the City of Elgin sign ordinance:
1. Section 19.50.020 which provides for definitions would be amended to provide for various
editorial revisions to existing definitions and by adding new definitions for a government
graphic and a snipe graphic. A government graphic is a graphic that is constructed, placed,
or maintained by the federal government, state government, or the city on federal, state, or
city owned or leased property or a graphic that is required by the federal government, state
government, or the city directly to enforce the property owner's rights. A snipe graphic is
a temporary graphic stuck into the ground on a property or tacked or otherwise attached to
trees, poles, stakes, fences, or other objects not owned by the owner of the graphic.
Examples include small plastic or cardboard signs stuck into the ground on a property not
owned by the owner of the graphic or tacked to utility poles advertising various products
or services.
2. Section 19.50.030 would be amended to add certain temporary signs and flags to the types
of signs which could be placed on residential properties.
3. Section 19.50.080 would be amended to increase the area for window graphics to 25% of
a window area from 15%. A review of ordinances from other communities suggest that
such an increase is appropriate.
4. Section 19.50.090 H which provides for temporary graphics would be amended to provide
for temporary graphics as follows:
A. A property owner could place one temporary graphic with a surface area no larger
than three (3) square feet on a property at any time. Snipe graphics are excluded.
This temporary graphic would replace noncommercial street graphics currently
provided for in Section 19.50.120 A3 and uses content-neutral time, place, and
manner regulations.
B. A property owner could also place a temporary graphic no larger than 8.5 inches
by 1 1 inches in one window on a property at any time. This type of temporary
graphic is similar to the temporary graphic referred to above and is an additional
replacement sign for the noncommercial street graphics in Section 19.50.120 A3.
-2 -
Recommendation & Findings of Fact
Petition 08-17
May 1, 2017
C. One temporary graphic that is not a snipe graphic may also be located on a property
when the property owner consents and that property is being offered for sale or
lease through a licensed real estate agent. If not offered for sale or lease through a
real estate agent, such a graphic is allowed when the graphic is owned by the
property owner and that property is offered for sale or lease by the property owner
through advertising in a local newspaper of general circulation or on an internet
based real estate website.This temporary graphic would replace real estate graphics
currently provided for in Section 19.50.120 A7 and utilizes content-neutral time,
place, and manner regulations. The allowable sizes for the signs would remain as
currently provided for in the sign ordinance and increase as the size of the
associated property increases.
D. One temporary graphic with a surface area no larger than three (3) square feet may
also be located on the owner's property and the day prior to and on a day of when
the property owner is opening the property to the public. This temporary graphic is
intended to allow for signs associated with garage sales or open houses using
content-neutral time,place,and manner regulations.The time frames for such signs
are consistent with the regulations for garage sales in the city's zoning ordinance.
E. One temporary graphic that is not a snipe graphic may also be located on a property
when the property owner consents and a building permit has been issued for the
property and active construction is taking place on the property. Such temporary
graphic must be removed upon the earlier of the issuance of an occupancy permit
for the property or twelve (12) months from the date of the building was issued.
This temporary graphic is intended to allow for contractors or builders to posts signs
on a property during construction and utilizing content-neutral time, place, and
manner regulations rather than content-based regulations such as "contractor"
signs.
F. Temporary graphics would also be allowed in community facility districts,business
districts, and industrial districts as currently provided for in the city's sign
ordinance.
G. Temporary graphics would also be allowed in the community facility districts,
business districts, and industrial districts whereby one temporary sign per quarter
(.25) acre of land may be located on the owner's property for a period sixty (60)
days prior to an election per issue per candidate. Such temporary graphics would
replace political campaign signs currently provided for in Section 19.50.120 A6
utilizing content-neutral time, place, and manner regulations. A state statute
prohibits the city from regulating when outdoor political campaign signs may be
displayed on residential property, but allows the city to regulate the size thereof.
Such signs on residential property would therefore be exempt from the city's sign
- 3 -
Recommendation & Findings of Fact
Petition 08-17
May 1, 2017
ordinance pursuant to Section 19.50.120 A6, but subject to the same size
regulations for these signs on nonresidential property.
5. Section 19.50.090 I which provides regulations for electronic changeable copy graphics
would be amended to expand the areas which electronic changeable copy graphics would
be allowed. Electronic changeable copy graphics are currently allowed in the NB
neighborhood business district and the AB area business district for properties with
frontage along Randall Road or with frontage along that portion of IL Route 31 north of
I90. Electronic changeable copy graphics are also currently allowed for motor vehicle
service stations in the NB neighborhood business district, the AB area business district,
and the CC2 center city district. The regulations to allow electronic changeable copy
graphics on Randall Road and subsequently on a portion of Route 31 were adopted by the
city council in 2012 (and expanded to the portion of Route 31 in 2014)as an experiment to
determine the effect of allowing these types of signs in the city. The regulations to allow
these types of signs on Randall Road and a portion of Route 31 included maximum size
and other restrictions limiting animation, rate of change, maximum brightness levels, and
requiring that these types of signs be limited to monument signs conforming to all
requirements of the city's sign ordinance.The proposed ordinance would expand the zoning
districts in which electronic changeable copy graphics are allowed to all of the non-
residential zoning districts with the exception of the RB residence business district and the
CC 1 center city district. RB residence business districts are typically small districts which
are intended to conserve the residential character of certain properties located within
transportation corridors by providing various use alternatives, but with site design
regulations in keeping with the residential environment. The CC 1 center city district is a
downtown mixed-use district which includes a variety of commercial and residential uses.
The issue with respect to the CC 1 district is whether electronic changeable copy graphics
fit within the character of the more traditional downtown built environment. Existing size
and operational restrictions for electronic changeable copy graphics for properties with
frontage along Randall Road or the portion of Illinois Route 31 would remain. These other
restrictions include the maximum size restriction and other restrictions limiting animation,
rate of change, maximum brightness levels, and requiring that these types of signs be
limited to monument signs, and that such signs and all free-standing signs on the zoning
lot be in compliance with all requirements of the city sign ordinance.
6. Section 19.50.090 would be further amended to provide for regulations for flags, building
marker graphics, and vehicle graphics. These types of graphics are currently provided for
in Section 19.50.120 as exempt signs but with substantive regulations included therein.The
best practice is to provide for these signs as special street graphics in Section 19.50.090
and to exempt these types of signs from needing a permit pursuant to Section 19.50.160 G.
Size and height limitations for flags would also be amended to provide for size and height
limitations based upon the speed limit of the public right-of-way adjoining the yard within
the zoning lot on which a flag is located.
-4 -
Recommendation & Findings of Fact
Petition 08-17
May 1, 2017
7. Section 19.50.110 would be amended by adding snipe graphics to the list of prohibited
signs.
8. Section 19.50.120 which provides for types of signs exempt from the sign ordinance would
be amended by adding government graphics. Such section would be further amended by
deleting therefrom noncommercial street graphics, flags, building marker graphics,
political campaign signs, and real estate graphics. These various types of signs have been
otherwise provided for in the temporary sign regulations and special street graphics
regulations referred to above. Such signs remain exempt from a permit requirement.
9. Section 19.50.150 which provides for the amortization of designated nonconforming street
graphics would be repealed. This section was primarily intended to provide for the
amortization and removal of billboards over a period of seven years. However, a provision
adopted by the Illinois General Assembly in the Illinois Eminent Domain Act requires that
the owners of lawfully erected, off-premises outdoor advertising signs that are compelled
to be altered or removed under any ordinance or regulation of any municipality be provided
just compensation (735 ILCS 30/10-5-5(b).). This statute effectively prevents
municipalities from requiring the removal of billboards through an amortization process.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 08-17 on May 1, 2017. Testimony was presented at the public
hearing in support of the application. The Community Development Department submitted a Text
Amendment Review and Written Findings & Recommendation to the Planning & Zoning
Commission dated May 1, 2017.
The Community Development Department and the Planning & Zoning Commission find that the
entirety of the proposed amendment complies with the following purposes and intents of the
Zoning Ordinance (§19.05.300):
❑ Promote the public health, safety, comfort, morals, convenience, and general welfare;
❑ Conserve the taxable value of land and structures throughout the city;
❑ Establish standards to which building or structures therein shall conform; and
❑ Providing for the gradual elimination of those uses, buildings, and structures which are
incompatible with the character of the districts in which they are located.
- 5 -
Recommendation & Findings of Fact
Petition 08-17
May 1, 2017
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 08-17.
The vote of the Planning & Zoning Commission on the motion to recommend approval was four
(4) yes, zero (0) no, and zero (0) abstentions. Two members were absent.
Respectfully Submitted,
s/Robert Siljestrom
Robert Siljestrom, Chairman
Planning& Zoning Commission
s/Marc S. Mylott
Marc S. Mylott, AICP, Secretary
Planning& Zoning Commission
- 6 -