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HomeMy WebLinkAbout008-O-21 Amending City Code 10- 4-13 to add Storefront Maintenance and Window Coverings1 /14/2021 8-0-21 AN ORDINANCE Amending Chapter 10, Section 4, Chapter 13 to add "Storefront Maintenance and Window Covering during Vacancy or Renovation" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code 10-4, "Sign Regulations" of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 10-4-13. — STOREFRONT MAINTENANCE AND WINDOW COVERING DURING VACANCY OR RENOVATION. The definitions noted below aDDly onlv to this Chapter and supersede anv conflictina definitions found elsewhere in other chapters of the Citv Code. GROUND FLOOR Anv space on the around floor havina frontaae on a street, PREMISE. allev or outdoor pedestrian walkway. STOREFRONT. Anv facade of a Ground Floor Premises havina one or more Storefront Windows. STOREFRONT WINDOW. Anv window of anv Ground Floor Premises that permits an unobstructed public view into the interior of that Ground Floor Premises from anv immediately adiacent street, sidewalk, or riaht-of-way. VACANT. The state of not beina occupied by a reaularly operatinq business from a Ground Floor Premise for a minimum of four days Der week on a monthiv basis. An exception to allow for temporary business closure may be aranted by the Director of Communitv Development upon written request provided that office equipment and furnishings will remain in the establishment and a date certain for 8-0-21 reopeninq of the establishment is provided. WINDOW SCREENING. A displav made of film, vinvl, polvmath, canvas. or heavv dutv paper that is placed in a window or window area of a Vacant Storefront. (A) TemDorary treatment of storefront windows durina vacancy or interior renovation. 1. Vacant; renovation. The storefront windows of anv around floor premise that is vacant or underaoina interior renovation shall be treated usina one of the following methods within 15 business days after the date on which the space first becomes vacant, or for the total duration of the interior renovation. a. Window screeninas that fully cover not less than 80 percent of each Storefront Window of the Ground Floor Premises so as to obscure a direct public view of the Vacant interior of that Ground Floor Premises. Allowable materials for window screeninq must be of one color and come in one of the following forms: 1. Plastic film; 2. Vinyl; 3. Canvas; 4. Other such approved materials b. Exhibits by a local not -for -profit arts or historical oraanization in the form of naintinas, photos and sculptures may be disglaved, painted or affixed on the alass in vacant storefront windows with permission of the property owner. A storefront window that displays an exhibit is permitted one informational sian up to two sauare feet in total sian area, identifvina the name and contact information for each exhibit: and c. A displav of products, with a backdrop, which are sold by other businesses in a building, artwork, or an alternative window coverina may be permitted if submitted to and approved by the Citv Manaaer or desianee. 2. "Opening soon" announcement. No sooner than 30 days prior (or an alternative timeframe may be permitted if submitted to and approved by the Communitv Development Director or designee) to the openina of a new business, a temporary sian announcina the name of the new business may be displaved in one storefront window per facade. The sian shall not exceed ten sauare feet in sian area and may identifv the name of the business in a araphic or text format. 3. "Now Open" announcement. For a period not to exceed 30 days after the openina of a new business, a temporary sign announcing the business opening may be -2- 8-0-21 disolaved in one storefront window per facade. The sian shall not exceed ten square feet in sian area and may identifv the name of the business in a araohic or text format. (B) Signaae. A Real Estate Sian that complies with the 2'x3' Sian Area and Sian Heiaht requirements of 4-10-6 (M) of this Code may be placed in a Storefront Window alona with the Window Screenina required pursuant to this Chapter. (C) Minimum appearance requirements. 1. Visible adhesive or tape may not be used to affix anv window disglay. decorative screenina or sianaae to a storefront window; 2. Storefronts may not use paper, plvwood or soap to obscure windows, 3. No plastic tarp of anv kind may be used to block the windows: and 4. No window displav or screenina shall contain anv matter, in writina or in a depiction, that, when considered as a whole, predominantly appeals to prurient interests. (D) Minimum maintenance requirements. 1. All window screeninas must be kept in aood repair and shall not be torn. damaaed or otherwise left in a state of disrepair: 2. Buildina exteriors must be maintained in accordance with the reauirements of the citv's propertv maintenance code: and 3. The door area and sidewalk immediatelv adiacent to the Storefront of the Premises shall be neat, clean. and free from dirt and debris. (E) Responsibility for Compliance. Anv person ownina, leasina, maintainina. or in possession or control of anv Vacant. Ground Floor Premises located within the Citv, or anv Owner of the Lot upon which the Vacant, Ground Floor Premises is located, shall be responsible for adherence to the provisions of this Section. (F) Penalty. Anv person who violates anv provision of this Chapter shall be fined an amount of $150 first offense; $400 second: $750 third offense. Each day on or durina which anv person violates the provisions of this Chapter shall constitute a separate and distinct offense. SECTION 2: City Code 10-4-13, "Nonconforming Signs" of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: -3- 8-0-21 4-104314. - NONCONFORMING SIGNS. (A) Legal Nonconforming Signs. Any sign located within the City which does not conform with the provisions of this Chapter is eligible for characterization as a "legal nonconforming" sign and is permitted, providing it also meets the following requirements: 1. Proper Permits. The sign was erected or installed under authority of proper sign permits prior to the date of adoption of this Chapter, if one was required under applicable code or law; or 2. No Permit Required. If no sign permit was required under applicable code or law for the sign in question and the sign was in all respects in compliance with applicable code or law on the date of adoption of this Chapter. (B) Unlawful Nonconformance. Any sign which does not conform with the provisions of this Chapter and is not eligible for characterization as a legal nonconforming sign is unlawful, and must be brought into compliance with this Chapter or shall be removed within thirty (30) days of the adoption of this Chapter, upon written notification of such unlawful nonconformance by the Sign Administrator. (C) Loss of Status. A sign loses it legal nonconforming status if one or more of the following occurs: 1. Sign Altered. The sign is altered in any way, except for normal maintenance or repair, which tends to or makes the sign less in compliance with requirements of this Chapter than it was before alteration; provided, however, in the case of vehicular dealerships, the face of a freestanding sign may be modified without causing the sign to be nonconforming. 2. Message Changed. The sign message or graphic display is changed in any way, except for normal maintenance or repair that does not increase the nonconformity; provided, however, that in the case of vehicular dealerships, the change of a sign to reflect new ownership does not cause the sign to be nonconforming. 3. Sign Relocated. The sign is relocated either on the premises or to another location; 4. Sign Unsafe. The sign fails to conform to the sections of this Chapter regarding maintenance and operation, and public safety standards; 5. Sign Damaged. Damage occurs to a sign which requires repairs exceeding fifty percent (50%) of the replacement value of the sign; 6. Excessive Maintenance Costs. Maintenance is required which will exceed fifty percent (50%) of the replacement value of the sign; or 7. New Occupancy Permit. A change in use occurs which requires a new occupancy permit for the premises to which a legal nonconforming sign relates. -4- 8-0-21 On the date of occurrence of any of the above, the sign shall be immediately brought in compliance with this Chapter with a new permit secured, therefor, or shall be removed within thirty (30) days of that date. (D) Continuing Obligation. Nothing in this Section shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this Chapter regarding safety, maintenance, and repair of signs, provided however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure, sign face or message in such a way which makes the sign more nonconforming. SECTION 3: City Code 10-4-14, "Sign Review and Appeals" of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 4-10-4415. - SIGN REVIEW AND APPEALS. The Design and Project Review Committee, as set forth in Title 4, Chapter 4-415, "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. SECTION 4: City Code 10-4-15, "Appeals" of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 4-104615. - 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: _5- 8-0-21 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 (20) inches by thirty (30) inches. b. All capital lettering on the sign shall be a minimum of three (3) inches 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. 8-0-21 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 5: City Code 10-4-16, "Variations" of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 4-10-1-617. - 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 which such variation is requested. 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: -7- 8-0-21 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. (B) 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 (20) inches by thirty (30) inches. b. All capital lettering on the sign shall be a minimum of three (3) inches 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. IM B-O-21 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 (250) foot 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 filed 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. WE 8-0-21 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. 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: 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 4-10-2 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 (1) 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. -10- 8-0-21 SECTION 6: City Code 10-4-17, "Unified Business Center" of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 4-104718. - 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 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 4-10-11(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. -11- 8-0-21 (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 (30) foot facade setback requirement, the height limitations up to the maximum of fifteen and one-half (15.5) feet 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 7: City Code 10-4-18, "Revocation for Cause" of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 4-104819. - REVOCATION FOR CAUSE. All rights and privileges acquired under the provisions of this chapter, or any amendment thereto, are deemed mere licenses revocable at any time for cause by the Sign Administrator. The Sign Administrator is authorized and empowered to revoke any permit upon failure of the permittee to comply with any provision of this chapter. SECTION 8: City Code 10-4-19, "Penalty' of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 4-10-4920. - PENALTY. Any person found to have violated the provisions of the sign regulations adopted by the city shall be punished as follows: (A) 1. The fine for a first violation is seventy-five dollars ($75.00). 2. The fine for a second violation is two hundred dollars ($200.00). 3. The fine for a third or subsequent violation is three hundred seventy-five dollars ($375.00). (B) Each day a provision of this chapter is found to have been violated constitutes a separate violation. 8-0-21 (C) The penalties provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and remedies as provided for by applicable legislation. SECTION 9: City Code 10-4-18, "Revocation for Cause" of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 4-104021. - SEPARABILITY. In accordance with the following, it is hereby declared that the several provisions of this chapter are separable: (A) Provision of Ordinance. If any court of competent jurisdiction determines any provision of this chapter to be invalid, such determination shall not affect any other provision of this chapter not specifically included in the court's judgment order. (B) Any Particular Sign. If any court of competent jurisdiction determines any provision of this chapter to be invalid as applied to any particular sign, such determination shall not affect the application of such provision to any other sign not specifically included in the court's judgment order. SECTION 10: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 11: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such, invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 12: Ordinance 8-0-21 shall be in full force and effect after its passage and approval. SECTION 13: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 8-0-21 Introduced: January 25 . 2021 Approved: Adopted: February 8 , 2021 February 11 Stephen H. Hagerty, Mayor Attest: Approved as to form: , 2021 Devon Reid, City Clerk Kelley A. Gandurski, Corporation Counsel -14-