Building & Zoning Committee

“Where People Count” Community Development 1000 Civic Center Drive, Niles, Illinois 60714 Mayor Telephone (847) 588-8040 ● Fax (847) 588-8050 ● TDD (847) 588-8059 Robert M. Callero Trustees August 11, 2010 Chris Hanusiak James T. Hynes Joe LoVerde Building and Zoning Committee Meeting 6:30 p.m. Louella B. Preston Andrew Przybylo In Attendance: Alan Weel Robert M. Callero – Mayor Village Manager George Van Geem – Village Manager George R. Van Geem Andrew Przybylo – Village Trustee Tom Kanelos – Planning & Zoning Committee Village Clerk James Hynes – Village Trustee Marlene J. Victorine Chris Hanusiak – Village Trustee ______________ Chuck Ostman – Community Development Director Community Rich Wlodarski – Community Development Assistant Director Development Bonnie Jacobson – Planning Coordinator Director Mary Ann Starzynski – Recording Charles Ostman Also in attendance: Dennis Vaccaro – Niles Chamber of Commerce (RV Enterprises, Ltd.) Absent: Steve Vinezeano – Assistant Village Manager Joe Annunzio – Village Attorney Meeting called to order at 6:30 p.m. by Andrew Przybylo. Approval of Minutes: Andrew Przybylo asked if the previous minutes were okay. Tom Kanelos moved to approve the minutes, seconded by James Hynes, all approved. The meeting consisted of two Power Point presentations. The first presentation was given by Charles Ostman which contained information related to items reviewed at the first meeting held on July 14, 2010. The second presentation was given by Bonnie Jacobson which included new items that had not been reviewed at the first meeting. www.vniles.com PRESENTATION #1 – Chuck Ostman GROUND SIGNS Current sign code – permitted 1) Require a minimum of 100’ of frontage: i) 0 – 99’ frontage – No ground sign permitted ii) 100’ – 599’ frontage – 1 sign permitted iii) 600’ or more of frontage – 2 signs permitted 2) Corner lot can apply all street frontages to meet minimum requirement. 3) Must be centered on property as practical. 4) Ground sign area is not counted towards maximum building sign area. 5) Bonus for landscaping – each square foot of landscape results in: i) 1 additional square foot in area ii) 2 additional feet in height Current sign code – Height 1) Maximum height of sign = ½ the distance to the centerline of the road. i) Exception: embellishment not counted towards height ii) Example: Milwaukee Avenue 100’ wide, centerline is 50’ and ½ the distance is 25’ plus setback from property line. Proposed: Rolf Campbell & Associates 1) Monument signs 10 feet high. 2) Pole Signs 25 feet high. 3) Same height requirements for business and manufacturing districts. 4) Ground signs included in maximum signage calculation for site. 5) Landscaping required – 1 foot around site base, 2 feet high shrubs and ground cover; 4 feet high for pole signs. Variation from ZBA, if decorative base. Recommendation: Staff 1) No ground sign shall exceed a height of 20 feet for a single tenant or to the top of the lowest level of any roof or facade line of the associated building, whichever is less, with the following exceptions: i) Maximum height of 22’ for shopping centers having 10 or more tenants and more than 120 square feet of GLA ii) Maximum height of 32’ for malls over 500,000 square feet in GLA and having ONLY the shopping center name on the ground sign. 2) Same height requirements for business and manufacturing districts. 3) The total permitted building sign area would now include the ground sign. NOTE: Mayor Callero felt that “or to the top of the lowest level of any roof…” should be eliminated and simply keep 20 ft or 22 feet. After discussion a suggestion was made as to 3 feet above lowest level of façade line. Everyone agreed. It was pointed out that roughly 50-75% of the 100 plus ground signs on Milwaukee Avenue alone are nonconforming. After discussion it was agreed that what is out there now is grandfathered in and business would have to conform within 15 years from now, so by the year 2025. 2 Setback and location Proposed: Rolf Campbell & Associates 1) Ground signs shall be setback a minimum of : i) Front and rear yard: two (2) feet. ii) Side yard: five (5) feet. 2) Where only one (1) ground sign is permitted, such sign shall be located as close to the centerline of the frontage of the activity as is practical. Each sign must be a least 100 feet apart from any other ground sign. No sign shall be permitted within fifty (50) feet of any property in a residential district. 3) No sign shall be permitted to project over the public right-of-way. Any sign located within three(3) feet of a driveway, parking area, or within fifty(50) feet of the intersection of two(2) or more streets shall have the lowest elevation at least twelve(12) eight(8) feet above the curb level. Recommendation: Staff 1) Where only one (1) ground sign is permitted, such sign shall be located as close to the centerline of the frontage of the activity as is practical. Each sign must be a least 100 feet apart from any other ground sign. No sign shall be permitted within fifty (50) feet of any property in a residential district. 2) Location. A ground sign may be located in any required yard subject to any conditions contained in the Zoning Ordinance (Appendix B). All ground signs over 30 inches in height shall not be located within a 15 foot sight triangle in any direction along the property line from any vehicular access drive or public thoroughfare and shall not create any dangerous sight obstructions at other locations on the site, including visual obstructions of, or to, pedestrian traffic on designated public or private sidewalks. NOTE: Charles Ostman will have examples to show of setbacks before the final draft is completed. Ground Sign Landscaping Proposed: Rolf Campbell & Associates 1) Landscaping: The base of ground signs shall have the following decorative landscaping: i) Planting beds extending one and a half (1.5) feet from the sign base on all sides. ii) Monument Signs: Small shrubs a minimum of two (2) feet in height at planting with the remainder of the area planted with perennials, turf, or other decorative ground cover. If a decorative sign base is proposed, the zoning board of appeals may waive the landscaping requirement. iii) Pole Signs: Small shrubs a minimum of four (4) feet in height at planting with the remainder of the area planted with perennials, turf, or other decorative ground cover. If decorative casing for poles or pylon structures is proposed, the zoning board of appeals may waive the landscaping requirement. 3 2) Materials and design: The structural elements of monument signs should be built from decorative, durable materials, such as brick, decorative masonry blocks, stone, or other such materials. Signs should incorporate a color scheme of no more than four (4) colors. All ground signs shall contain the address or address ranges for the site. For multi-tenant commercial areas, all signs shall contain the name of the development or building in a display at least as large as the largest portion of the sign for any tenant, and signage for separate businesses should have symmetrical arrangements with other businesses advertised on the sign. Recommendation: Staff 1) Ground signs shall be landscaped at their base in a method harmonious with the landscape concept for the whole site. Landscaping shall form an attractive, dense cluster at the base of the sign that is equally attractive in winter and summer. Planting beds extending one and a half (1 ½) feet from the sign base on all sides. The landscape area shall be curbed at the perimeter when the sign is incorporated into a hard surfaced parking area. i) Monument Signs: Shrubs or other ground covers shall be a minimum of 60% of the height of the base at planting without blocking the sign copy for the purpose to cover or soften the base. If the proposed sign base is visually enhanced, the director of Community Development can grant relief of the landscaping requirement. ii) Pole Signs: Shrubs or other ground covers shall be a minimum of four (4) feet in height at planting. If decorative casing for poles or pylon structures is proposed, the Director of Community Development can grant partial relief of the landscaping requirement. NOTE: Andrew Przybylo would prefer to see at least partial landscaping and not to eliminate landscaping altogether. ELECTRONIC MESSAGE CENTERS Definitions: Electronic Message Center: means an electronic sign which flashes or has visual graphics with or without motion or animation a sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. A time and/or temperature sign shall not be considered an electronic message center. Electronic reader board: means a sign which contains a traveling, or a message which appears to be traveling, usually in a horizontal manner. The characteristics incorporated into any message remain constant, and do not change in hue or intensity or appear to change in hue or intensity, as they travel or appear to travel across or through the automatic changing copy area of the sign. Electronic reading boards can only be mono colored. 4 Message center: means a sign which contains a changing message within the copy area, which remains on for a specified minimum period of time and blacks out for a specified minimum of time between messages. Animated sign: means any sign which includes action or motion. For purposes of this chapter, this term does not refer to flashing or changing signs, which are separately defined. Changing sign, Changeable copy sign- automatic: means a sign such as an electronically or electrically controlled public service time, temperature and date sign, message center or reader board, where different copy changes of a public service or commercial nature are shown on the same lamp bank. Video sign: means any sign which uses lights, video, a TV screen, cathode ray tubes or other similar items to display message, image, moving picture, or video. Recommendation: Staff Proposed regulations: 1. Can not occupy more than 25% of the total ground sign. 2. Must be monochromatic. 3. The message shall not consist of flashing, scintillating, chasing or animated lights, or include animated pictorial graphics. 4. Illumination level not to exceed .5 foot-candles. 5. Not allowed within 100 ft of a residential structure if visible from the structure. 6. Design integrated with overall ground mounted sign. 7. The subject property shall have no less than 200’ of street frontage on which the sign is intended for. 8. Sign shall incorporate automatic dimmer software or solar sensors with maximum setting of 5,000 nits during daylight and 500 nits between dusk and dawn. Any electronic message center sign that the copy, logo or display remains fixed, motionless and non- flashing for a period of thirty (30) seconds or more excluding time and temperature or does not meet any of the other conditions in this subsection would require a special use approval. NOTE: The above 8 conditions must be met. If for some reason even one condition is not met then would need to apply for special use. James Hynes stated that he felt with #2 and #3 we were setting ourselves up for boring. Chuck Ostman responded that a lot of surrounding communities have these restrictions. James Hynes responded feels perhaps to restrictive. Mayor Callero felt 30 seconds was too long. Andrew Przybylo suggested 10 seconds. Everyone seemed to agree with 10 seconds. 5 NON-CONFORMING SIGNS Proposed: Rolf Campbell & Associates No recommended changes to date. Recommendation: Staff Any freestanding sign lawfully existing as of (DATE OF ORDINANCE) may be continued or maintained subject to the following: 1. The owner or beneficial user of any conforming sign shall maintain such sign in good condition and repair, provided that said sign shall not be changed or altered in any manner including shall not be changed to another nonconformity; shall not be expanded; shall not be structurally altered to prolong its useful life; or shall not be moved in whole or part to any other location where it would remain nonconforming. 2. Any nonconforming sign which is damaged or destroyed by any means to the extent of fifty percent (50%) of its present value shall be terminated immediately. 3. Any such nonconforming sign may be continued until January 1, 2025. Thereafter, such sign shall be made to conform by means of alteration or removal, excepting those granted variances or special uses after (DATE OF ORDINANCE). NOTE: Andrew Przybylo stated that what is out there now is grandfathered in. Any changes to conform should be 15 not 25 years. PRESENTATION #2 – Bonnie Jacobson MAXIMUM SIGN AREA Current code 1. No restriction on size or number, as long as maximum signage is met; Buildings with more frontages allowed additional square feet of signage. 2. When non ground sign, up to 45% of wall sign background may be used for copy. 3. When as a ground sign, up to 35% of wall sign used for copy. 4. If individual letters used, façade area computed differently. 5. Any non-illuminated wall sign not exceeding 3” letters allowed and not counted towards maximum signage. Proposed: Rolf Campbell & Associates 1. Size limited to 1.5 square feet per lineal frontage – up to 2 square feet, if ground sign is less than 8 feet tall. 2. Restrictions on size of sign on one frontage to 50% of size on the other. 3. Located at least .5 feet below roof line. 4. Not to exceed 1 foot perpendicular from wall. Recommendation: Staff Keep maximum signage, but reduce from 3X the lineal frontage to 2.5X lineal frontage, unless property can have a ground mount sign. 6 DRIVE-THROUGH READER BOARDS Current code Currently regulated as part of maximum allowable signage. Proposed: Rolf Campbell & Associates Exempt if 6 foot or less, internal to lot, not abut residential; made part of special uses. Recommendation: Staff The reader boards will be regulated as special uses for drive-through facilities. NOTE: It was noted that staff recommendations are due to speakers especially within the residential area. Also note that this is not advertising. VEHICULAR SIGNAGE Current code Vehicular signs allowed with the following restrictions: 1. Vehicular signs shall contain no flashing or moving elements. 2. Vehicular signs shall have no element with a luminance greater than 200 foot lamberts. 3. Vehicular signs shall not project beyond the surface of a vehicle for a distance in excess of eighteen (18) inches. 4. Vehicular signs shall not be attached to a vehicle so that the driver’s vision is obstructed from any angle. Proposed: Rolf Campbell & Associates Cannot be inoperable Recommendation: Staff Vehicular signs shall not be parked on a public R-O-W, public property or private property so as to be visible form a public R-O-W where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property. NOTE: A business would receive a warning then a $50 fine. Chuck Ostman stated that if there is no other place to park a business is allowed frontal parking. FLAGS Current code Currently not regulated. Proposed: Rolf Campbell & Associates 1. The flags, emblems or insignia of any national or political subdivision or corporate flag shall be allowed. 2. Corporate and business flags shall be counted against the maximum allowable signage of any particular site. 3. The site of exempt signs and height of display poles shall conform to the sizes shown in a specified chart. 7 Recommendation: Staff 1) One flag pole and two flags per lot, not to exceed 25’ high in residential districts, 2) For commercial and industrial districts up to three flag poles per lot, not to exceed up to 10’ above roof line, with a total of six flags per lot, two per pole. 3) Meet federal statutes for flags, i) Pole should be 4X length of flag, ii) Flag not to exceed 10’ in length, if wall mounted. NOTE: Chuck Ostman stated that the main idea is to limit the number of flags allowed. Chris Hanusiak asked if the 4th of July and all the flags on lawns/everywhere were allowed. Chuck Ostman responded yes that is considered decoration. POLITICAL/CONTRACTOR/REAL ESTATE SIGNS Current code 1) Political & Campaign Sign i) One per parcel, not to exceed 20 square feet in aggregate area. ii) Not to exceed 6 feet in height. iii) Removed within 15 days after election. 2) Construction Sign i) Up to 32 square feet in residential districts. ii) 64 square feet in commercial/industrial districts. iii) Erected not more than 5 days before beginning of construction. iv) Removed 5 days after completion of occupancy. 3) Real Estate Sign i) One per parcel. ii) Not to exceed 9 square feet in area. iii) Removed within 7 days after property leased/sold/rented. Proposed: Rolf Campbell & Associates 1) Political & Campaign Sign i) Remove time limits per State Law. 2) Construction Sign i) Up to 32 square feet in residential districts. ii) 64 square feet in commercial/industrial districts. iii) Erected not more than 5 days before beginning of construction. iv) Removed 5 days after completion of occupancy. 3) Real Estate Sign i) One per parcel or two per corner lot. ii) Removed within 7 days after property leased/sold/rented. 4) Maximum area allowed i) 12 square feet for single family residential districts. ii) 32 square feet for non residential districts. iii) Added side and front yard requirements. 8 Recommendation: Staff 1) Political & Campaign Sign i) Concur with consultant. ii) Maintain maximum 20 square feet per lot. iii) Increase allowable number of signs to 3. 2) Construction Sign i) Reduce size of construction sign to 6 square feet in single family districts. ii) Reduce size to 32 square feet for multi-residential and non-residential districts. iii) Keep time limits. 3) Real Estate Sign i) Concur with consultant on all but size of real estate sign in single family residential district. Sign should be reduced to maximum allowable area of 9 square feet. AWNING SIGN Current code 1) Name/Business type – 18” letters 2) Logo – 20” letters 3) Not to exceed 25% of awning 4) Letters on valance up to 4”, not counted in sign area 5) Not allowed with wall sign on same street frontage Proposed: Rolf Campbell & Associates 1) No identity restriction 2) May include copy up to 1.5 square feet for each lineal foot of R-O-W or wall signage whichever is less 3) Increasing to 2 square feet if ground mounted sign under 8 feet. 4) Can occupy up to 35% of awning. 5) Address labels and business names on valance up to 4” i) Not counted in sign area but can’t exceed 50% of valance area. 6) Not allowed with wall sign on same street frontage. Recommendation: Staff 1) Not to exceed 35% of awning. 2) Letters on valance up to 4” i) Not counted in sign area. 3) Not allowed with wall sign on same street frontage. NOTE: Bonnie Jacobson stated relaxing the restrictions. Andrew Przybylo stated no limit on size of awning in respect to façade of building. Chuck Ostman responded no. 9 NEON BORDERS IN WINDOWS/PERMANENT WINDOW SIGNAGE Current code 1) Inside window signage is exempt from permit requirements, exterior is not. 2) Inside window signage limited to two permanent signs, not to exceed 50% of total window area. 3) Exterior window signage is included in the maximum square footage allowed. Proposed: Rolf Campbell & Associates 1) All permanent window signs will require permit. 2) All permanent window signs will be included in maximum allowable sign area. 3) No limit on number or percentage of window. 4) Neon limited to 15% of window signage. 5) Neon borders not allowed i) Will be counted toward maximum signage at 1 square foot of sign area above 5 square feet for existing establishments. Recommendation: Staff 1) Prohibit Neon 2) No neon border in windows allowed. i) Grandfathered in for a short period, 2 years, then not allowed. 3) No neon border on building allowed. i) Grandfathered in for short period, 5 years, then not allowed 4) Open/Closed neon signage should be exempt. TEMPORARY SIGN Current code Definition: Temporary sign means a sign which is not permanently affixed. All devices such as banners, pennants, flags (Not intended to include flags of any nation), searchlights, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air or gas figures. 1) Permitted up to 30 days per calendar year a) Up to 120 days if extension obtained from ZBA. 2) Removed 10 days after event. 3) Signs up to 4 square feet are exempt from permit. 4) Community Development Director may impose conditions to preserve safety and convenience. 5) Allows banners, buntings, flags, inflatables, pennants, sandwich board signs, search lights. 6) No restrictions on type, size or number. Proposed: Rolf Campbell & Associates 1) To be discussed and rewritten. 2) Need to discuss time frame. 3) Need to discuss items per issue. 4) Discuss items allowed for specified amount of time with approved temporary permit; banners, flags, pennants, inflatables, sandwich boards, searchlights, wall signs. 5) Different regulations for civic vs. commercial events. NOTE: Chuck Ostman stated that more research needs to be done, more examples shown. Bonnie Jacobson stated that there are no restrictions on type or event allowed. Andrew Przybylo felt it should 10 not be 120 consecutive days. James Hynes suggested 30 days per calendar year and no more than 45 consecutive days for example holidays, sports seasons. He also felt it should be 120 days per year total. Andrew Przybylo stated that in this climate we need to be generous but reasonable with recommendations. ABANDONED SIGN Current code 1) A sign is considered abandoned if : i) The property is vacant or unoccupied for three (3) + months. ii) A sign which no longer applies to the property. 2) Permanent signs become abandoned if the property remains vacant for six months. Recommendation: Staff When abandoned, sign should be replaced with blank panel, and façade restored if mounted directly to a surface. NOTE: Chuck Ostman stated that the owner of the property is responsible. Andrew Przybylo asked if another meeting should be scheduled. It was agreed another meeting was necessary. James Hynes motioned to adjourn, Chris Hanusiak seconded, all agreed. Meeting adjourned 8:40 p.m. 11