HomeMy WebLinkAboutORDINANCES-2016-107-O-16Effective Date: October 13, 2016
9/1 /2016
107-0-16
AN ORDINANCE
Consolidating the City of Evanston Sign Review and Appeals Board
into the City of Evanston Design and Project Review
SECTION 1: City Code Section 4-14-1 of the Evanston City Code of
2012, as amended (the "City Code'), is hereby further amended to read as follows:
4-14-1. - STATEMENT OF PURPOSE.
(A) Objective. Design and project review is a procedure for the review of proposed
,developments or redevelopments to ensure they are compatible with adjacent
development by taking into account the relationship of the new development to
its. surroundings with review and discussion by members of City staff and
community members from various disciplines. Design and project review also
includes sign review.
(B) Address Details Not Covered. The purpose of design and project review is to go
beyond the basic zoning requirements and to deal with the site details on which
zoning and other codes are silent. Design and project review is not a substitute
for zoning.
(C) Elements Examined. In carrying out the purpose of Design and Project Review,
the following are examples of elements which are examined:
1. Parking arrangement.
2. Circulation.
3. Traffic access.
4. Building location on the site.
5. Landscaping.
6. Signage.
7. Drainage.
8. Exterior building design and materials.
9. Emergency phone structure, as defined in City Code Section 6-18-3.
(D) Authority Limited. Design and project review does not have any authority to
determine land use and in certain circumstances acts as a recommending body
to the Zoning Board of Appeals and/or the Plan Commission.
(E) Result of Review Process. In addition to upgrading site development planning,
the City hopes to create a process which will expedite the review of development
proposals through providing a coordinated staff review.
(F) Authority Related to Sign Regulations. The design and project review committee
is also vested with the following jurisdiction and authority:
107-0-16
1. Sign Administrator Appeals. The design and project review committee will
hear all appeals from any order, requirement, decision, determination, or
interpretation of the Sign Administrator acting within the authority vested
from Title 4, Chapter 10 of the Evanston City Code, "Sign Regulations,"
and make written findings and decisions for the disposition of such
appeals. For this subsection only, the design and project review
committee will exclusively follow the procedures set forth in City Code
Section 4-10-15, "Appeals."
2. Sign Variations. The design and project review committee will hear all
petitions for variations from the provisions of Title 4, Chapter 10 of the
Evanston City Code, "Sign Regulations," make written findings, and
approve, modify, approve with conditions or deny such petitions for
variations. For this subsection only, the design and project review
committee will exclusively follow the procedures set forth in City Code
Section 4-10-16, "Variations."
3. Unified Business Center Signage: The design and project -review
committee shall hear all requests for the establishment or amendment of
comprehensive sign plans for unified business centers, make written
findings, and approve, modify, approve with conditions or deny such
requests. For this subsection only, the design and project review
committee will exclusively follow the procedures set forth in City Code
Section 4-10-17, "Unified Business Centers."
SECTION 2: City Code Section 4-10-14 of the Evanston City Code of
2012, as amended (the "City Code"), is hereby further amended to read as follows:
4-10-14. - SIGN REVIEW AND APPEALS.
The Design and Project Review committee, as set forth in Title 4, Chapter 14, "Design
and Project Review (DAPR)," of the Evanston -City Code, is vested with the following
jurisdiction and authority:
(A) Sign Administrator Appeals. The Design and Project Review committee shall
hear all appeals from any order, requirement, decision, determination, or
interpretation of the Sign Administrator acting within the authority vested from this
Chapter and make written findings and decisions for the disposition of such
appeals.
(B) Sign Variations. The Design and Project Review committee shall hear all
petitions for variations from the provisions of this Chapter, make written findings,
and approve, modify, approve with conditions or deny such petitions for sign
variations.
(C) Unified Business Center Signage. The Design and Project Review committee
shall hear all requests for the establishment or amendment of comprehensive
sign plans for unified business centers, make written findings, and approve,
modify, approve with conditions or deny such requests.
-2-
107-0-16
SECTION 3: City Code Section 4-10-15 of the Evanston City Code of
2012, as amended (the "City Code"), is hereby further amended to read as follows:
4-10-15. - APPEALS.
(A) Notification to Aggrieved Party. It shall be the responsibility of the Sign
Administrator to provide written notification to the aggrieved party of an action
denying a permit. Said notice shall include the following:
1. The date and specific reason for denial of the permit.
2. All forms and procedures required for filing an appeal.
(B) Petition for Appeal. An appeal may be taken to the Design and Project Review
committee by any person aggrieved by an order, requirement, decision,
determination, or interpretation of the Sign Administrator acting with respect to
the authority of this Chapter.
1. Application Deadline. An appeal shall be filed within forty five (45) working
days after notification of the alleged erroneous order, requirement,
decision, determination, or interpretation.
2. Application Form. An appeal shall be filed in writing with the Sign
Administrator on a form supplied by him/her. It shall be accompanied by
such documents and information as the Board may by rule require.
3. Filing Fee. Each appeal to the Design and Project Review committee shall
be accompanied by a filing fee as established by ordinance. If the appeal
is granted by the Design and Project Review committee,, the filing fee shall
be refunded to the applicant.
(C) Transmittal of Record. The Sign Administrator shall, at the time of filing an
appeal, forthwith transmit to the Design and Project Review committee all of the
documents constituting the record upon which the action appealed from was
taken.
(D) Effect of Appeal. The appeal shall stay all proceedings in furtherance of the
action appealed from, unless the Sign Administrator certifies to the Design and
Project Review committee after the appeal has been filed that, by reason of the
facts stated in the application, a stay would in the Sign Administrator's opinion
cause imminent peril to life or property. In such case, the proceeding shall not be
stayed unless a restraining order is issued by a court of competent jurisdiction,
and then only if due cause can be conclusively shown.
(E) Action of the Board. The Design and Project Review committee shall hold a
public hearing on an appeal within thirty (30) days of receipt of a completed
written application.
1. Hearing Notice. Notice shall be given of the time, place, and purpose of
the public hearing by posting on the premises which is the subject of the
hearing a notification sign which meets the following standards:
a. The sign shall be a minimum of twenty inches by thirty inches (20"
x 30").
b. All capital lettering on the sign shall be a minimum of three inches
—3—
107-0-16
(3") high and the colors utilized shall provide suitable contrast for
readability from the adjacent public street.
C. The sign shall contain: the title "PUBLIC NOTICE" at the top; a
statement of the purpose of the hearing; the date, time and place of
the hearing; and reference that the hearing is before the Evanston
Design and Project Review committee.
d. The sign shall be placed near the front door of the premises, or as
required, to be fully visible from the public street on which the
premises is located. If the premises has frontage on more than one
public street a separate sign shall be required for each frontage.
e. The sign shall be posted not less than seven (7) days before the
hearing to which it refers. It shall be removed within five (5) days
after the final decision of the Design and Project Review committee
on the petition.
2. Required Attendance. Both the aggrieved petitioner and the Sign
Administrator or their authorized representatives shall attend the meetings
of the Design and Project Review committee at which the appeal is to be
heard.
3. Decision. Within fifteen (15) working days of the close of the required
public hearing of the appeal, the Design and Project Review committee
shall prepare and submit written findings, and by a majority vote, issue a
decision to grant, deny, wholly or in part, or modify said appeal.
(F) Council Action. Following receipt of the findings and decision of the Design and
Project Review committee the Planning and Development Committee of the City
Council may choose to review the decision of the Design and Project Review
committee and on the basis of the record may affirm, modify or reverse the
decision of the Design and Project Review committee. If no motion to review a
Design and Project Review committee decision is made and adopted at the
Planning and Development Committee meeting following the receipt of the
findings and decision of the Design and Project Review committee, that decision
of the Design and Project Review committee shall be final.
(G) Maintenance of Records. The Sign Administrator shall maintain complete records
of all findings and decisions of the Design and Project Review committee and all
determinations of the City Council relative to an appeal. All such records shall be
open to the public for inspection.
SECTION 4: City Code Section 4-10-16 of the Evanston City Code of
2012, as amended (the "City Code"), is hereby further amended to read as follows:
4-10-16. - VARIATIONS.
It is the intent of this Section to permit variations from the requirements of this Chapter if
necessary to achieve uniformity among signs similarly located and classified.
(A) Petition for Variation. A petition for a variation from any provision(s) of this
Chapter may be made by any person having a proprietary interest in the sign for
-4-
107-0-16
which such variation is requested.
1. Petition Contents. A petition for variation shall be filed in writing with the
Sign Administrator on a form supplied by him/her and shall be
accompanied by such documents and information as are necessary to
clearly exhibit the practical difficulty for which the variation is necessary,
including:
a. The name, address, and telephone number of the petitioner, the
owner of the property on which the sign is to be erected or affixed,
the owner of the sign, and the person responsible for erecting or
affixing the sign.
b. A description of the requested variation.
C. Justification of the requested variation.
d. The location of the premises on which the sign is to be erected or
affixed.
e. A site plan of the premises involved, showing accurate placement
thereon of the proposed sign.
f. A blueprint or ink drawing of the plans and specifications of the sign
to be erected or affixed and method of construction and attachment
to the building or in the ground. Such plans and specifications shall
include details of dimensions, materials, color, and weight.
g. The written consent of the owner of the premises on which the sign
is to be erected or affixed.
h. A fee, as determined by ordinance, to be paid at the time of filing of
the petition for variation.
(13) Action of the Design and Project Review committee. The Design and Project
Review committee shall hold a public hearing on the petition for variation within
thirty (30) days of receipt of a completed written application.
1. Hearing Notice. Notice shall be given of the time, place and purpose of the
public hearing by posting on the premises which is the subject of the
hearing a notification sign which meets the following standards:
a. The sign shall be a minimum of twenty inches by thirty inches (20"
x 30").
b. All capital lettering on the sign shall be a minimum of three inches
(3") high and the colors utilized shall provide suitable contrast for
readability from the adjacent public street.
C. The sign shall contain: the title "PUBLIC NOTICE" at the top; a
statement of the purpose of the hearing; the date, time and place of
the hearing; and reference that the hearing is before the Evanston
Design and Project Review committee.
d. The sign shall be placed near the front door of the premises, or as
required, to be fully visible from the public street on which the
premises is located. If the premises has frontage on more than one
public street a separate sign shall be required for each frontage.
e. It shall be the responsibility of the petitioner to remove the sign(s)
within five (5) days after the final decision of the Design and Project
Review committee on the petition.
-5-
107-0-16
2. Required Attendance. Both the aggrieved petitioner and the Sign
Administrator or their authorized representatives shall attend the meetings
of the Design and Project Review committee at which the variation is to be
heard.
3. Decision. Within fifteen (15) working days of the close of the required
public hearing on the variation, the Design and Project Review committee
shall prepare and submit written findings, and by a majority vote, issue a
decision to grant, deny, wholly or in part, or modify said variation.
(C) Appeals from Decision of Design and Project Review committee.
1. Decisions of the Design and Project Review committee may be appealed
to Planning and Development Committee by applicant.
2. a. If the sign which is the subject of the variation is located in a
residential Zoning District, a property owner whose property is within a two
hundred fifty foot (250') radius from the property on which the sign is
proposed to be located may appeal the Design and Project Review
committee's approval of the variation. Such an appeal may be filed only by
a property owner who: 1) appeared in person or by an authorized
representative at all public hearings at which the variation was considered
and who presented his/her objections to the Design and Project Review
committee, or 2) who fled written objections with the Design and Project
Review committee to the variation.
b. The appeal must:
1) Be filed with the Sign Administrator, within ten (10) calendar
days from the date of the Design and Project Review
committee's written decision;
2) Be in writing; and
3) Specify with particularity the ground(s) for objection. The
applicant is permitted to file a written response to any
ground(s) asserted in the appeal but not raised before the
Design and Project Review committee.
C. Within five (5) working days of receiving the appeal, the Sign
Administrator shall send a copy of the appeal to the applicant by
first-class mail, return receipt requested. Any response the
applicant files must be received by the Sign Administrator within ten
(10) working days of the date the appeal was mailed to the
applicant. The Sign Administrator will send a copy of any response
to the appellant property owner.
d. After receiving the appeal and any response thereto, the Sign
Administrator shall set the appeal for the next available regular
Planning and Development Committee meeting and notify the
applicant and appellant property owner in writing of the meeting
date.
3. The Planning and Development Committee shall decide whether or not to
hear the appeal, and if granted, set a hearing date for said appeal. A
decision to not hear the appeal shall be in writing and shall be issued no
later than the Committee's next regular meeting.
MIM
107-0-16
4. The hearing shall be confined to a review of the Design and Project
Review committee's decision, and, if applicable, of the written objections
submitted by the appellant property owner and response(s) thereto filed by
the applicant. No verbal presentations shall be heard except upon
invitation by the Committee and any such presentation shall be confined to
facts and matters contained in the written materials on file in the appeal.
(D) The Planning and Development Committee shall either approve, approve with
conditions, deny the application, or refer the matter back to the Design and
Project Review committee for further proceedings. The Committee's decision
shall be in writing and shall be issued no later than the next regular meeting after
the decision is made.
(E) Standards. Variations may be approved to overcome an exceptional condition
which poses practical difficulty or particular hardship in such a way as to prevent
the display of a sign as intended by this Chapter. No variation shall be granted
unless the Design and Project Review committee makes findings of fact with
regards to each of the following standards:
1. Hardship. The proposed variation will alleviate some demonstrable and
unusual hardship that arises due to factors including, but not limited to,
location, site configuration, and/or building configuration.
2. Reasonable Return. The proposed variation will contribute to a reasonable
return from the business advertised.
3. Not Harm Public Welfare. The proposed variation will not be materially
detrimental to the public welfare.
4. Consistent with Intent. The proposed variation promotes the purpose of
the Sign Regulations set forth in Section 2 of this Chapter.
(F) Conditions. Such conditions and restrictions may be imposed on the premises to
be benefited by a variation as may be necessary to comply with the standards
set forth herein, to reduce or minimize any injurious effect of such variation on
other property in the neighborhood, and to implement the general intent,
purpose, and objectives of this Chapter.
(G) Revocation. In any case where a variation has been granted, and where no work
pertinent thereto has been initiated within one year from the date of approval of
the requested variation, then without further action by the Design and Project
Review committee, said variation shall become null and void.
(H) Maintenance of Records. The Sign Administrator shall maintain complete records
of all findings of fact and decisions of the Design and Project Review committee
relative to a variation. All such records shall be open to the public for inspection.
SECTION 5: City Code Section 4-10-17 of the Evanston City Code of
2012, as amended (the "City Code"), is hereby further amended to read as follows:
4-10-17. - UNIFIED BUSINESS CENTER.
No permit shall be issued for a sign to be located in a unified business center until a
comprehensive sign plan has been approved for the center and the sign complies with
-7-
107-0-16
the provisions hereof.
(A) Comprehensive Sign Plan Approval. Approval of a comprehensive sign plan for a
unified business center shall be at the discretion of the Design and Project
Review committee in accordance with the criteria noted herein.
(B) Site Plan Review. No permit shall be issued for a sign, and no final approval shall
be granted for a comprehensive sign plan prior to review and approval by the
Design and Project Review committee of all comprehensive sign plans.
(C) Application Content. In addition to the requirements listed for permit applications
in subsection 11(C)of this Chapter, the application for a comprehensive sign plan
for a unified. business center shall include a format for all signs to be used in the
center, including their maximum size, color, location, illumination details, lettering
type, mounting details, and (if any) landscaping details.
(D) Criteria. The criteria used by the Design and Project Review committee in its
review of the proposed comprehensive sign plan for a unified business center
shall include:
1. Scale and Proportion. Every sign shall have good scale and proportion in
its design and in its visual relationship to the other signs, buildings and
surroundings.
2. Integral Elements. The signs in the plan shall be designed as integral
architectural elements of the building and site to which they principally
relate and shall not appear as incongruous "add-ons" or intrusions.
3. Restraint and Harmony. The colors, materials and lighting of every sign
shall be restrained and harmonious with the building and site to which it
principally relates.
4. Effective Composition. The number of graphic elements and letters shall
be held to the minimum needed to convey each sign's message and shall
be composed in proportion to the area of the sign's face.
5. Compatibility. Each sign shall be compatible with signs on adjoining
premises and shall not compete for attention.
6. Unified Image. The effect of the signs proposed in the plan shall be the
establishment of a unified image for the center.
(E) Permitted Variations. In conjunction with the approval of the comprehensive sign
plan for a unified business center, the Design and Project Review committee may
authorize limited variations to the regulations included in this Chapter. Such
variations shall be permitted only when the applicant demonstrates that they are
necessary to provide an improved comprehensive solution that is consistent with
the purpose of this Chapter as found in Section 4-10-2 of this Chapter. The
variations permitted are limited to the following:
1. Wall Signs. For wall signs the Design and Project Review committee may
vary the required twenty percent (20%) reduction on multiple signs and the
requirement that signs be coterminous with the occupancy to which the
signs refer.
2. Freestanding Signs. For freestanding signs the Design and Project
Review committee may vary the thirty foot (30') facade setback
requirement, the height limitations up to the maximum of fifteen and one-
L
107-0-16
half feet (15.5') or the height of the principal building to which the sign
pertains (whichever is lower), and the area limitations up to the maximum
of one hundred twenty (120) square feet per sign (as long as the total
permitted sign surface area for either the occupant or the premises is not
exceeded).
SECTION 6: City Code Section 4-14-9 of the Evanston City Code of
2012, as amended (the "City Code"), is hereby further amended to read as follows:
4-14-9. - APPEALS.
(A) Except for appeals related to sign variation decisions, sign administrator appeal
decisions, and Unified Business Center decisions, any final design and project
review decision may be appealed to the Design and Project Review Committee
for additional consideration, modification, reversal or affirmation by the
Committee upon appeal by the applicant. Such appeal shall be filed with the
Committee within fifteen (15) business days of the decision by the Director of
Community Development, or his/her designee, and the Committee shall consider
and decide said appeal within fifteen (15) business days thereafter.
(B) Appeals related to sign variation, sign administrator appeal, and Unified Business
Center decisions may be appealed to the Planning and Development Committee
of the City Council. The Planning and Development Committee shall decide
whether or not to hear the appeal, and if granted, set a hearing date for said
appeal. A decision to not hear an appeal shall be in writing and shall be issued
no later than the Planning and Development Committee's next regular meeting.
The hearing shall be confined to a review of the Design and Project Review
committee's decision, and, if applicable, of the written objections submitted by
the appellant property owner and response(s) thereto fled by the applicant. No
verbal presentations shall be heard except upon invitation by the Planning and
Development Committee and any such presentation shall be confined to facts
and matters contained in the written materials on file in the appeal. The Planning
and Development Committee shall either approve, approve with conditions, deny
the application, or refer the matter back to the Design and Project Review
committee for further proceedings. The Committee's decision shall be in writing
and shall be issued no later than the next regular meeting after the decision is
made.
SECTION 7: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 8: If any provision of this Ordinance 107-0-16 or application
thereof to any person or circumstance is held unconstitutional or otherwise invalid, such
-9-
107-0-16
invalidity does not affect other provisions or applications of this Ordinance that can be
given effect without the invalid application or provision, and each invalid application of
this Ordinance is severable.
SECTION 9: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and will be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 10: This Ordinance 107-0-16 is in full force and effect from
and after its passage, approval, and publication in the manner provided by law.
Introduced'.�,��kiWQ,'r l(� , 2016
Adopted: , Q'V% 1 \*r U 10, 2016
Attest:
Rodney Grene, City Clerk
App oved:
� r 2 , 2016
e- �' '.J -r" ' Z�
ElitJth B. Tisdahl, Mayor
Approved as to form:
W. Grant array, Corporation Counsel
—10w