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HomeMy WebLinkAboutOrd 3295 12/07/1982 ORDINANCE NO.3295 AN ORDINANCE AMENDING CHAPTER 14 ENTITLED "ZONING" OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 7th DAY OF December , 1982. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 8th day of December , 1982. ORDINANCE NO. 3295 AN ORDINANCE AMENDING CHAPTER 14 ENTITLED "ZONING" OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect, as Petitioner, has submitted a Petition for various text amendments to Chap- ~ ter 14, entitled "Zoning" of the Village Code of Mount Prospect Illinois; and WHEREAS, said text amendments include and pertain to the regulation of signs within the various zoning districts of the Village; and ~EREAS, said zoning amendments have been forwarded to the Zoning Board of Appeals which Board has held a public hearing on the subject requests under Case No. ZBA 20-A-82 on the 15th day of July, 1982, pursuant to due and proper publication thereof; and W~EREAS, the Zoning Board of Appeals has submitted its findings and recommendations pertaining to the various zoning amendments under Case No. ZBA 20-A-82 to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, it is deemed to be in the best interests of the Village of Mount Prospect that said text amendments be adopted. NOW, THEREFORE; BE IT ORDAINED BY THE PRESIDENT AND BOARD TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK cQuNTy, ILLINOI~ SECTION ONE: Chapter 14, entitled "Zoning" of of Mount Prospect, Illinois, 1981, as amended, amended as follows: the Village Code is hereby furthe~ BY amending Section 14.101 thereof entitled "Scope of Regulations" to add a new sub-section H to read: "H. To fail to make or maintain inproven~ents required by this Chapter, or required by any conditions of var- iation or special use authorized by this Chapter, or by any sign bonus provisions authorized by this Chap- ter 14." B. By amending sub-section D of Section 14.504 thereof entitled "Jurisdiction" to read: "D. To hear and decide applications for variations from the regulations and restrictions contained in this Chapter as follows: In all cases in which the variation will not re- duce the minimum yard requirements or minimum lot area, width, or depth required by this Chapter by more than twenty-five percent (25%), or increas~ the maximum height permitted by this Chapter by more than twenty-five perccnt (25%); In all cases in which the variation will not vary the maximum height or area requirements or the minimum distance requirements for permitted signs by more than twenty-five percent (25%)." o By amending sub-section C of Section entitled "Application for Variation" paragraph 2.d. in its entirety. 14.602 thereof to delete sub- By amending sub-section A of Section 14.604 thereof entitled "Authorized Variations"to add a new sub- paragraph 9 to read: "9. To vary the regulations by no more than twenty- five percent (25%) relating to signs with respect to maximum height or area or minimum distance re- quirements.'' By amending sub-section C.2. of Section 14.702 there- of entitled "Application for Special Use" to read: "2. Payment of filing fees shall be as follows: a. Regular hearings for signs -- $200.00 bo Regular hearings for all other special uses shall be determined on the basis of the area of the land with which the special use is concerned pursuant to the following schedule (1) 20,000 square feet or less -- $25.00 (2) In excess of 20,000 square feet but less than one acre -- $125.00 (3) One acre but less than 5acres in area -- $250.OO (4) 5 acres but bess than 10 acres in area -- $900.O0 (5) 10 acres but less than 15 acres in area -- $1,200.00 (6) 15 acres or more in area -- $1,500.00 Special hearings will be held at a time mu- tually agreed upon by the petitioner and the Zoning Board of Appeals; provided further, that the petitioner pay a special hearing fee in an amount equal to two hundred dollars ($200.00) over and above the foregoing scheduled fees." By adding or replacing the provision "Signs, insofar as may be permitted in this Chapter" to the permitted uses set forth in the following sections %hereof, to-wit: Section 14.1001.A.7. Sec%ion 14.1101.A.7. Section 14.1201.A.7. Section 14.1301.A.8. Section 14.1401·A.9. Section 14.1501.A.10. Section 14.1601.C. Section 14.170t.A~3, Section 14.1801.E. Section 14.1901.G. Section 14.2001.A.15. Section 14.2101.A.~3~ Section 14.2201.A.13· section 14.2301.L. By deleting the provision pertaining to signs as a prohibited use in the following Sections thereof, to-wit: -2- ection 14.1001.B.1. Section 14.1101.B.1. Section 14.1201.B.1. Section 14.1301.B.1. Section 14.1401.B.1. Section 14.1501JB.1. Section 14.1701JB.3. Section 14.2001.B.2. Section 14.2201.B.60 By amending sub-section A of Section 14.2503 thereof entitled "Standards" to add a new sub-paragraph 10 to read: That signs within the Planned Unit Development shall be in harmony with the spirit and intent of Article XXVIII of this Chapter. The size of signs shall be appropriate for the intensity of the adjacent street or driveway. Signs Shall be located in such a manner that they' do not conflict or compete with other signs or structures and serve the public convenience at that location. c. The design of any sign shall be compatible with and complimentary to: (1) The nature of the establish/nent it identifies. (2) The character of the surrounding area. (3) The architecture of the building with which it is associated. (4) Other signs within the development. Signs shall identify only the name or addres~ of an establishraent and/or the primary produc or service offered. Freestanding signs shall be erected in a landscaped area containing a minimum of one (1) square foot for each square foot of the sign area." By amending sub-section B of Section 2506 thereof entitled "Amendment of Planned Unit Development" to read: "B. However, the Village Manager of the Village may approve such field changes in the construction of or signs within the planned unit development as in his judgment shall not constitute a substantial deviation from the specific planned Unit development ordinance. Before any such changes approved by the Village Manager may become effective, however, the Village Manager shall within seven (7) days notify in writing the President and Board of Trustees of the Village of such changes and the President and Board of Trustees shall, at their next regular meeting, ratify the action of the Village Manager or deny such changes until an amendatory ordinance has been adopted in accordance with the provisions of this Section." -3- y amending sub-section B of Section 14.2602 thereof entitled "Rules and Definitions" to delete therefrom the following: "GRADE OR GRADE LEVEL: That elevation established by the Village for the proper level of the sidewalk at the ~treet lot line. Where the sidewalk does not adjoin the street lot line, grade at the street lot line shall be determined by taking the elevation established by the Village for the street or curb~nd adding thereto an amount equal to one-I third of an inch (1/3") for each foot of horizontal distance between said edge of street curb and said street lot line; on an alley, grade shall be that elevation which is commonly termed "alley grade at the property line." LOT: Portion of platted territory measured, set apart and subdivided as a distinct parcel having its principal frontage upon a street and shown upon a plat of subdivision or resubdivision approved by the President and Board of Trustees of the Village and so recorded by the Recorder of Deeds of Cook County, Illinois, or so registered by the Registrar of Titles of Cook County, Illinois, as the case may be. LOT LINES: The lines bounding a lot." and to add thereto the following, to read: "ADVERTISING SIGN: Any sign which directs attention to any promotion, business, commodity, service, or activi which is not conducted, s~ld, or offered on the lot upon which the sign is located. AWNING: A roof-like structure made of cloth which projects from a building for the purpose of shielding a doorway or window. BANNER/PENNANT: Any sign applied to or constructed of paper, plastic, or fabric of any kind with or with- out frame, and with or without design or lettering, used to decorate or attract attention to a location, object, institution, product service, or business. Flags of nations, states, political subdivisions, businesses, or institutions shall not be considered banners for purposes of this chapter. BUILDING: Any strUCture'permanently affixed to the ground with a permanent roof, separated on all sides from adjacent open space by exterior Or party walls; built for the support, shelter, or enclosure of person animals, chattel, or movable property of any kind. CANOPY (MARQUEE): A permanent hood, awning, or roof- like construction which projects from a building wall for the purpose of providing shelter or protection from the weather. ~y HANGEABLE COPY SIGN: Any sign that is designed or used so that characters, letters, or symbols can be manually changed or re-arranged without altering the surface of the sign. DEVELOPMENT IDENTIFICATION SIGN: A sign which iden- tifies the name of a development consisting of at least five (5) business establishments when the development comprises a minimum of thirty (30) acres. DIRECTOR: The Director of Community Development of the Village of Mount Prospect, and/or his duly auth- orized agent(s). DIRECTORY SIGN: A sign Which identifies only the names and locations of occupants or uses within a building or on a lot. ELECTRONIC ~SSAGE CENTER: Any sign which uses chang- ing.lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and may be modified by electronic processes. ERECT: To bUild, construct, erect, attach, hang, place suspend, or affix~ ESTABLISHF~ENT: An institution, business, or industrial activ- ity that is the sole occupant of one or more buildings having frontage on at least one public street, or An institution, business, or industrial activ- ity that occupies a portion of a building such that the activity is a separate and distinct business from the other activities within the building. FLAG: A construction of fabric, plastic, or paper depicting through symbols, characters, design, or letters, a nation, political sub-division, institu- tion, or business when hung, without frame, from a staff or pole. FREESTANDING SIGN: Any sign. placed upon or supported by structural members placed in the ground independent ly of any other structure on the lot. GRADE: The elevation above mean sea level used for establishing the following; a. Natural Grade - the normal contour of the land prior to alteration or improvement; Base (established) Grade - the point at the top of the established curb or, where no curb is established, the center line of the road; Finished Grade the elevations or contours resulting from excavation or filling as ap- proved by the Village. -5- ILLUMINATED SIGN: Any sign lighted by or exposed to artificial lighting whether by lights on or within the sign or directed toward the sign. LAND USE CODE: The coding classification for land us~ as determined by the Standard Land Use Coding Manual, Bureau of Public Roads, Department of Commerce, 1965 as amended; or the most appropriate code for uses which are not addressed in the manual as determined by the Director. LANDSCAPING: Natural plant materials, including tree~ plants, shrubbery, and grass, together with topographi changes and decorative or ornamental, natural or man-made materials combined in a unified relationship. LOGOGRAPH: A sign which consists of symbols, words, pictures, letters, or other graphic elements arranged in a generally recognizable fashion used to represent a particular trade, corporation, profession, or business; including but not limited to corporate emblems, trademarks, logos, and barber poles. Any words ox letters included in a logograph shall be incidental t6 the graphic elements. LOT: A designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat of which has been recorded or registered wit~ the appropriate county office, or the deed to which has been recorded or registered with the appropriate county office, or the deed to which has been recorded' or registered with the appropriate county office pur- suant to Chapter 109 (Plats Act) Section 1.(b) of the Illinois Revised Statutes, and which is intended to be used, developed, or built upon as a unit. LOT LINE: A recorded property boundary line of any single lot which divides one lot from another lot or from a right-of-way. LOT LINE, EXTERIOR: A lot line which divides a lot from a right-of-way. LOT LINE, INTERIOR: A lot llne which divides one lot from another lot. PENTHOUSE: A roofed structure located on the roof of a building used for protection of mechanical equipment appurtenant to the building. PORTABLE SIGN: Any sign designed to be moved from place to place or not securely attached to the ground or to any structure. PROJECTING SIGN: Any sign that is fastened, affixed, or attached directly to an outside wall of any building which projects more than eighteen (18) inches from such building. RIGHT-OF-WAY: A strip of land acquired by the public and occupied or intended to be occupied by a street, walkway, railroad, utility, or other similar use. -6- ROOF LINE: The top of the parapet of a building with a flat roof, the deck line of a building with a mansard roof, or the eave line of a building with a ~able, gambrel, or hip roof. ROOF SIGN: A sign that is mounted on a roof of a building or which is wholly dependent on a building for support and which projects above the roof line of a building, with the exception of wall signs located within the triangle of a gable end. SIGHT TRIANGLE: A triangular area established at the intersection of two streets or a street and a driveway in which nothing is erected, planted, placed or allowed to grow so as to limit or obstruct the sight distance of motorists. Such a triangle shall have legs of twenty-five (25) feet along the rights- of-way when two streets intersect and ten (10) feet along the right-of-way and driveway when a street and a driveway intersect. SIGN: Any surface, object, device, display, structure or fabric which is used to advertise, identify, dispI direct or attract attention to an object, person, institution, organization, business, product, sea-vice event, or location by any means; including but not limited to words, figures, designs, symbols, fixtures colors, illumination, projected images, or forms shaped to resemble any human, animal, product, or object. ~ · SIGN AP~EA: The area of a sign, measured as follows~ Freestanding or projecting signs shall ~e mea- sured as the area within a single rectangle which encompasses the extreme limits of each and every sign face, including all advertising surfaces, background, framing, and ornamenta- tion; but excluding structural members not forming an integral part of the display or pole covers which contain no advertising copy. The area of all such faces shall be totaled and such resultant area shall be divided by two (2) to determine the total sign area. Ail other signs shall be measured as the area within a single rectangle which encompasses all letters, words, symbols, or other graphic elements, plus any background area which does not appear as a continuous portion of the building surface. SIGN FACE: The surface or surfaces used for the dis- play of a sign message as seen from any one direction SIGNABLE WALL AREA: The area within a rectangle which encompasses a continuous portion of a building facade, unbroken by windows, doors, or major architec tural interruptions of the building surface. For signs located completely within a gable, signable wall area may be triangular in shape. -7- EMPORARY SIGN: Any sign intended for a limited period of display, the maximum length of which shall be one (1) year. UNIMPROVED LOT: Any lot or tract of land which is unoccupied by any building or structure and upon which no construction of a building or structure has commenced. WALL SIGN: Any sign that is fastened, affixed, or attached to and erected parallel to an exterior building wall in such a manner that the wall becomes the supporting structure or forms the background surface of the sign, and which does not project more than eighteen (18) inches from building. WINDOW: An opening in the wall of a building for admission of light containing transparent or trans- lucent material such as glass. WINDOW SIGN: Any sign that is applied or attached to a window or is located within a building such that the sign is !ocated~to be viewed from the exterior of the building. WINDOW SURFACE AREA: The area of a building facade which is occupied by a window." SECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publication'in pamphlet form as provided by law. PASSED AND APPROVED this 7th day of December , 1982. AYES: Arthur, Farley, Floros, Murauskis, Richardson, Wattenberg NAYS: None ABSENT:None ATTEST: VILLAGE CLER~ -8-