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O-07-26,J VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -26 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO REGULATE WINDOW SIGNS IN THE C -1 VILLAGE CENTER DISTRICT AND THE C -2 OUTLYING COMMERCIAL DISTRICT Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 2nd day of July , 2007. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 2nd day of Jily , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -26 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO REGULATE WINDOW SIGNS IN THE C -1 VILLAGE CENTER DISTRICT AND THE C -2 OUTLYING COMMERCIAL DISTRICT WHEREAS, the Deerfield Window Signage Committee (the "Committee ") was formed by the corporate authorities of the Village of Deerfield to address the issue of both permanent and temporary window signage in the C -1 and C -2 commercial zoning districts including the effect of window signage on aesthetic values in the C -1 and C -2 zoning districts, on merchant advertising programs, on store window merchandising, on public communication and on security concerns; and, WHEREAS, the Committee has recommended to the Plan Commission of the Village of Deerfield that certain window sign regulations be adopted as text amendments to the Zoning Ordinance of the Village of Deerfield in the C -1 Village Center District and C -2 Outlying Commercial District; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on September 14, 2006 pursuant to public notice to consider the proposed text amendments, said hearing and notice conforming in all respects, in both manner and form, with the requirements of the statutes of the State of Illinois and the Zoning Ordinance of the Village of Deerfield, as amended; and, WHEREAS, the Plan Commission has submitted its report recommending approval of certain temporary and permanent window signage regulations; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered the report and recommendation of the Plan Commission and the report and recommendation of the Deerfield Window Signage Committee and have determined that the public health, safety, comfort and welfare of the Village will be served by amending the Zoning Ordinance of the Village of Deerfield to adopt certain regulations as provided herein governing permanent and temporary window signage in the C -1 Village Center District and the C -2 Outlying Commercial District; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That Article 9.02 -13, Commercial District, of Article 9, Signs, of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as Paragraph 13 thereof: 9.02 -B Commercial Districts 13. Window Signage in the C -1 Village Center District and C -2 Outlying Commercial District. a. Window Coverage: In the C -1 Village Center District and the C -2 Outlying Commercial District, a maximum of 20% of a window area may be used for temporary and/or permanent window signs, but not to exceed fifty (50) square feet per window area. (See Appendix II for illustration of window and signage measurements explained) b. Exceptions to Window Coverage Limit: The following exceptions are permitted to exceed the 20% maximum coverage of a window area: (1) Permanent Signs, subject to the following regulations: (i) Open/Closed Sign: a maximum of two (2) square feet is allowed. One (1) sign per street elevation is allowed. Internal illumination, including exposed neon, is allowed. MA (ii) Informational Sign: a maximum of two (2) square feet on or adjacent to an entrance door shall be allowed for posting the following information: days and hours of operations, building or tenant address, phone numbers, accepted credit cards. (2) Temporary Window Signs: An additional 10% of window area coverage is allowed for the following temporary signs, provided that in no circumstance may a total of more 30% of a window area be covered with signage: (i) Deerfield Community Events: A sign for a Deerfield community event held within the Village of Deerfield or to benefit a public or quasi - public organization within the Village of Deerfield may be displayed once per street elevation for a maximum of thirty (3 0) days prior to the event, and shall be removed within seven (7) days following said event. (ii) Political Election Signs: Political elections signs may be displayed once per street elevation for a maximum of thirty (30) days prior to the election to which such signs are applicable, and shall be removed within seven (7) days following such election. C. Permanent Window Signs, subject to the following regulations: (1) Such sign(s) shall be either permanently affixed to the window, such as gold leaf and decal application, or hung, mounted or displayed a minimum of one inch away from the glass within the interior of a structure (2) No such sign shall be displayed more than once per elevation (north, south, east, west). In special cases, a request to allow redundancy may be granted through the Appearance Review Commission — Certificate of Approval required. (3) All such signs are allowed to be indirectly illuminated with the light source concealed from public view. (4) 40% of the 20% allowable window coverage (8% of window area) may be internally illuminated, including exposed neon, but not to exceed a maximum of 20 square feet per window area. -3- (5) All electric signs shall utilize UL approved electric elements and shall be subject to the National Electrical Code and a permit from the Village's electrical inspector. d. Temporary Window Signs, subject to the following regulations: (1) No such sign, other than a leasing or "for rent" sign, shall be displayed for more than thirty (30) days. (2) The first day on which such a sign is displayed shall be printed, inscribed or otherwise permanently marked upon the lower, right corner of the sign in print that can be read through the window from the adjacent public way or sidewalk. It is unlawful to display any such sign without such inscription. (3) No such sign shall be displayed more than once per elevation (north, south, east, west). (4) No such sign may be illuminated. (5) No such sign shall be placed in any manner to the glass surface of the exterior of a structure. (6) Signs should be placed between window mullions and should not cross over mullions. (7) The method of displaying a temporary sign by taping it to the glass is highly discouraged. The recommended method would be to hang or mount it away from the glass. (8) Holiday decorations are exempt from these regulations as provided in Article 9.01 -A,3. e. Second Floor Windows, subject to the following regulations: (1) Window signage is prohibited in the C -1 (Village Center) District in second floor windows and other window areas that are predominantly above the eye level of passersby. (2) In the C -2 (Outlying Commercial) District, a second floor retail business, if not occupying any first floor space, may install one window identification sign above the first floor if no other exterior sign has been granted for this use or tenancy, and provided further that the sign shall not cover more than M1 15% of the window area (section or bay) and shall not be internally illuminated. f. Window Business Sign, subject to the following regulations: (1) Instead of a Business Wall Sign attached to a building's exterior, a business may apply to the Department of Building and Zoning for a Window Business Sign (company name) permit, in which case a greater percentage of window coverage may be allowed than under the 20% window coverage regulation. The same regulations and procedures as for approval of a Commercial Business Wall Sign shall apply, including ARC review and approval. g. Opaque Windows, subject to the following regulations: (1) It may be necessary to cover an entire window due to unsightly views such as storage rooms. In this case, the window shall be considered to be part of the wall of the building and shall be regulated as such by the Appearance Code, including ARC review and approval. (2) Boxes and supplies stacked against a window will not be considered a window display and the items must be relocated or the window covered. h. Modifications. (1) Unusual conditions may require modification of the window signage requirements pursuant to Article 13.08. In addition to a public hearing with the Board of Zoning Appeals, an application to and hearing before the Appearance Review Commission will be required in order to have the Board of Trustees consider a modification to the window signage regulations. (2) Any modification to the illumination requirements for window signs may not be accompanied by a modification to other window sign regulations. (3) An order of the Board of Trustees approving a modification shall expire on removal, replacement or material alteration of such sign. Non - conforming Signs. -5- (1) After the effective date of this ordinance, temporary window signs may not be installed or maintained except as provided in this Paragraph 13. (2) To ease the economic impact of this Paragraph 13 on businesses with investments in permanent window signs in existence on the effective date of this ordinance, non- conforming permanent window signs may be continued in use until July 31, 2009. SECTION 2: That Article 14.02, Definitions, of Article 14, Rules and Definitions, of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as defined words and phrases: Window Area: The area of glazing (glass), including mullions, of a single window unit, section or bay; the set of windows between structural materials, i.e. brick columns. Window Display: The display of actual merchandise, products, and goods sold, as well as the means or materials necessary to display those items. Reasonably sized photographs and artwork (with no letters, words or numerals, unless included on product) may be used and placed no closer than six (6) inches from the glass. Indirect lighting with the light source concealed from public view shall be the only type of lighting allowed in a window display, except as expressly permitted for permanent signs. Among other things, the intent of the window signage regulations is to encourage creative window displays. Window Sign: A sign that includes any writing (letters, words or numerals), is painted on or applied to the exterior or interior of a window, or is located within four (4) feet of a window in the interior of a structure and is plainly visible from the exterior of the structure. Window Sign, Temporary: A sign that is not permanent and constructed of paper, cardboard, cloth or other lightweight fabric or material and is intended to be displayed for a short period of time. The following types of signs shall be deemed temporary signs: Promotional /Sales Signs; Community Event Posters; Help Wanted/Now Hiring Signs; Real Estate/Rent/Leasing Signs; Political Election Signs; Holiday (patriotic or religious) Signs. SECTION 3: That Appendix II of the Zoning Ordinance of the Village of Deerfield entitled "Graphic Illustration — Signage Regulations" is hereby amended to incorporate the graphics attached hereto as Exhibit A as an aide to illustrate the application of the window signage regulations adopted herein as Article 9.01 -A, Paragraph 13 of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 4: That 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 this 2nd day of July , 2007. AYES: Benton, Feldman, NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 2nd c ATTEST: 4��Vi age Clerk -7- STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Image# 041987590009 Type: ORD Recorded: 08/13/2007 at 02:34:54 PM Receipt#: 2007 - 00038241 Total Amt: $3400 Pape i of 9 IL Rental Housing Fund: $0.00 Lake County IL Recorder Mary Ellen vanderventer Recorder File6226801 The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance 0 -07 -26 Amending the Zoning Ordinance of the Village of Deerfield to Regulate Window Signs in the C -1 Village Center District and C -2 Outlying Commercial District Dated this August 8 2007 °SEA•L r` 7 IFE DAMS uty Vil age Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 01 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -26 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO REGULATE WINDOW SIGNS IN THE C -1 VILLAGE CENTER DISTRICT AND THE C -2 OUTLYING COMMERCIAL DISTRICT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 2nd day of .July , 2007. Published in pamphlet form by authority of the President and Board of Trustees of the Village .of Deerfield, Lake and Cook Counties, Illinois, this 2nd day of July , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -26 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO REGULATE WINDOW SIGNS IN THE C -1 VILLAGE CENTER DISTRICT AND THE C -2 OUTLYING COMMERCIAL DISTRICT WHEREAS, the Deerfield Window Signage Committee (the "Committee ") was formed by the corporate authorities of the Village of Deerfield to address the issue of both permanent and temporary window signage in the C -1 and C -2 commercial zoning districts including the effect of window signage on aesthetic values in the C -1 and C -2 zoning districts, on merchant advertising programs, on store window merchandising, on public communication and on security concerns; and, WHEREAS, the Committee has recommended to the Plan Commission of the Village of Deerfield that certain window sign regulations be adopted as text amendments to the Zoning Ordinance of the . pillage of Deerfield in the C -1. Village Center District and . C -2 Outlying . Commercial District; and, WHEREAS; the Plan Commission of the Village of Deerfield held a. public hearing on September 14, 2006 pursuant to public notice to consider the proposed text amendments, said hearing and notice conforming in all respects, in both manner and. fonn; with the requirements of the. statutes of the State of Illinois and the Zoning Ordinance of the Village of Deerfield, as amended; and, WHEREAS, the Plan Commission has submitted its report recommending approval of certain temporary and permanent window signage regulations; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered the report and recommendation of the Plan Commission and the report and recommendation of the Deerfield Window Signage Committee and have determined that the public health, safety, comfort and welfare of the Village will be served by amending the Zoning Ordinance of the Village of Deerfield to adopt certain regulations as provided herein governing permanent and temporary window signage in the C -1 Village Center District and the C -2 Outlying Commercial District; NOW, THEREFORE, BE IT ORDAINED ' BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That Article 9.02 -B, Commercial District, of Article 9, Signs, of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as Paragraph 13 thereof. 9.02 -B Commercial Districts 13. .Window Signaae in the C -1 Village Center District and C -2 Outlying Commercial District. a. Window Coverage: In the C -1 Village Center District and the C -2 Outlying Commercial District, a maximum of 20% of a window area may be used for temporary and/or permanent window signs, but not to exceed fifty (50) square feet per window area. (See Appendix II for illustration of window and signage measurements explained) b. Exceptions to Window Coverage Limit: The following exceptions are permitted to. exceed the 20% maximum coverage of a window area: (1) Permanent Signs, subject to the following regulations: (i) Open/Closed Sign: a maximum of two (2) square feet is.allowed. One (1) sign per street elevation is allowed. Internal illumination,. including exposed neon, is allowed. -2- (ii) Informational Sign: a maximum of two (2) square feet on or adjacent to an entrance door shall be allowed for posting the following information: days and hours of operations, building or tenant address, phone numbers, accepted credit cards. (2) Temporary Window Signs: An additional 10% of window area coverage is allowed for the following temporary signs, provided that in no circumstance may a total of more 30% of a window area be covered with signage: (i) Deerfield Community Events: A sign for a Deerfield community event held within the Village of Deerfield or to benefit a public or quasi - public organization within the Village of Deerfield may be displayed once per street elevation for a maximum of thirty (3 0) days prior to the event, and shall be removed within seven (7) days following said event. (ii) Political Election Signs: Political elections signs may be displayed once per street elevation for a maximum of thirty (30) days prior to the election to which such signs are applicable, and shall be removed within seven (7) days following such election. Permanent Window Signs, subject to the following regulations: (1) Such sign(s) shall be either permanently affixed to the window, such as gold leaf and decal application, or hung, mounted or displayed a minimum of one inch away from the glass within the interior of a structure (2) No such sign shall be displayed more than once per elevation (north; south, east, west). In special cases, a request to allow redundancy may be granted through the Appearance Review Commission — Certificate of Approval. required. (3) - All such sign are allowed to be indirectly illuminated with the light source concealed from public view. (4) 40 % of the 20% allowable window coverage (8% of window area) may be internally illuminated, including exposed neon, but not to exceed a maximum of 20 square feet per window area. -3- (5) All electric signs shall utilize UL approved electric elements and shall be subject to the National Electrical Code and a permit from the Village's electrical inspector. d. Temporary Window Signs, subject to the following regulations: (1) No such sign, other than a leasing or "for rent" sign, shall be displayed for more than thirty (30) days. (2) The first day on which such a sign is displayed shall be printed, inscribed or otherwise permanently marked upon the lower, right corner of the sign in print that can be read through the window from the adjacent public way or sidewalk. It is unlawful to display any such sign without such inscription. (3) No such sign shall be displayed more than once per elevation (north, south, east, west). (4) No such sign may be illuminated. (5) No such sign shall be placed in any manner to the glass surface of the exterior of a structure. (6) Signs should be placed between window mullions and should not cross over mullions. (7) The method of displaying a temporary sign by taping it to the glass is highly discouraged. The recommended method would be to hang or mount it away from the glass. (8) Holiday decorations are exempt from these regulations as provided in Article 9.01 -A,3. e. Second Floor Windows, subject to the following regulations: (1) Window signage is prohibited in the .C--I (Village Center) District in second floor windows and other window areas that . are predominantly above the eyelevel of passersby. (2) In the C -2 (Outlying Commercial) District, a second floor retail business, if not occupying any first floor space, may install one window identification sign above the first floor if no other exterior sign has been granted for this use or tenancy, and provided. further that the sign shall not cover more than -4- 15% of the window area (section or bay) and shall not be internally illuminated. f. Window Business Sign, subject to the following regulations: (1) Instead of a Business Wall Sign attached to a building's exterior, a business may apply to the Department of Building and Zoning for a Window Business Sign (company name) permit, in which case a greater percentage of window coverage may be allowed than under the 20% window coverage regulation. The same regulations and procedures as for approval of a Commercial Business Wall Sign shall apply, including ARC review and approval. g. Opaque Windows, subject to the following regulations: (1) It may be necessary to cover an entire window due to unsightly views such as storage rooms. In this case, the window shall be considered to be part of the wall of the building and shall be regulated as such by the Appearance Code, including ARC review and approval. (2) . Boxes and supplies stacked against a window will not be considered a window display and the items must be relocated or the window covered. h.. Modifications. (1) Unusual conditions. may require modification of the window signage requirements pursuant to Article 13.08. In addition to a public hearing with the. Board of Zoning Appeals, an application to and hearing before the Appearance Review Commission will be required in order to have the Board of Trustees consider a modification to the window signage regulations. (2) Any modification to the illumination requirements for window signs may not be accompanied by a modification to. other wiridow sign regulations. (3) An -order of the Board of Trustees approving a modification. shall expire on removal; replacement or material alteration of such sign. i. Non - conforming Signs. -5- (1) After the effective date of this ordinance, temporary window signs may not be installed or maintained except as provided in this Paragraph 13. (2) To ease the economic impact of this Paragraph 13 on businesses with investments in permanent window signs in existence on the effective date of this ordinance, non- conforming permanent window signs may be continued in use until July 31, 2009. SECTION 2: That Article 14.02, Definitions, of Article 14, Rules and Definitions, of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is hereby further amended to add the following as defined words and phrases: Window Area: The area of glazing (glass), including mullions, of a single window unit, section or bay; the set of windows between structural materials, i.e. brick columns. Window Display: The display of actual merchandise, products, and goods. sold, as well as the means or materials necessary to display those items. Reasonably sized photographs and artwork (with no letters, words or numerals; unless included on product) may be used and placed no closer than six (6) inches from the glass. Indirect lighting with the light source concealed from public view shall be the only type of lighting allowed in a window display, except as expressly permitted for permanent signs. Among other things, the intent of the window signage regulations is to encourage creative window displays. Window Sign: A sign that includes any writing (letters, words or numerals), is painted on or applied to the exterior or interior of a window, or is located within four (4) feet of a window in the interior of a structure and is plainly visible from the exterior of the structure. Window Sian, TemporM: A sign that is not permanent and constructed of paper, cardboard, cloth or other lightweight fabric or material and . is intended to be displayed for a short period of time. The following types of signs shall .be.deemed . temporary signs: Promotional /Sales :Signs; Community Event Posters; Help Wanted/Now Hiring Signs; Real Estate/Rent/Leasing Signs; Political Election Signs; Holiday (patriotic or religious) Signs. SECTION 3: That Appendix II of the Zoning Ordinance of the Village of Deerfield entitled "Graphic Illustration — Signage Regulations ".is hereby amended to incorporate the graphics attached M hereto as Exhibit A as an aide to illustrate the application of the window signage regulations adopted herein as Article 9.01 -A, Paragraph 13 of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 4: That 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 this 2nd day of AYES: Benton, Feldman, NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 2nd C' ATTEST: Vi age Clerk July , 2007. -7-