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O-14-34VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -34 AN ORDINANCE APPROVING A TEXT AMENDMENT TO THE ZONING ORDINANCE FOR GAS STATION FUEL PRICE SIGNS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 15th day of December 2014. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 15t&v of December 2014. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -34 AN ORDINANCE APPROVING A TEXT AMENDMENT TO THE ZONING ORDINANCE FOR GAS STATION FUEL PRICE SIGNS WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on October 9, 2014 to consider amendments to the Zoning Ordinance of the Village of Deerfield to allow gas stations to have Light Emitting Diode (LED) fuel price signs, and to amend the requirements of the Zoning Ordinance for non -LED fuel price signs; and WHEREAS, the Plan Commission of the Village of Deerfield submitted its written report and findings of fact to the Board of Trustees recommending that Article 9.02 -B (Commercial District) Paragraph 2, of the Zoning Ordinance of the Village of Deerfield be amended as provided herein to permit not more than one LED fuel price signs at automobile service stations in the C -I (Village Center) and C -2 (Outlying Commercial) zoning districts, subject to the maximum size, height, location and display regulations contained in this Ordinance; and WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the recommendation of the Plan Commission and have determined that it is in the best interests of the Village of Deerfield that the text of the Zoning Ordinance be amended as provided herein; 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 Subparagraph (2)(b) (Ground Signs, Automobile Service Stations) of Paragraph 2,a (Business Signs, Number) of Article 9.02 -B (Commercial Districts) of the Zoning Ordinance of the Village of Deerfield be, and the same is hereby amended to read as follows (additions are indicated by underlining and deletions are indicated by St°l'� ethrOagh markings): 9.02 -B Commercial Districts 2. Business Signs a. Number (2) Ground Signs (b) Automobile Service Stations shall be allowed three —(3) additional signs one (1) additional sign to be used in conjunction with the business sign (a business ground sign is a maximum of 32 square feet per face double sided) and for the sole purpose of advert ising fuel and is subject to the limitations on area, location and height. Only one sign structure is allowed Qer zoning lot. Regulations which allow exposed LED fuel price signs are set forth in 9.02 -B.14. SECTION 2: That Subparagraph (2)(b) (Ground Signs, Automobile Service Stations) of Paragraph 2,b (Business Signs, Area) of Article 9.02 -B (Commercial Districts) of the Zoning Ordinance of the Village of Deerfield be, and the same is hereby amended to read as follows (additions are indicated by underlining and deletions are indicated by stfikethFough markings): 9.02 -B Commercial District 2. Business Signs b. Area (2) Ground Signs (b) Automobile Service Stations — the .......egat„ ^°'`°^° ^"'c oft.",., 1. (3) additional pffffl4ted signs shall not exceed ninety six (96) may not exceed sixteen (16) square feet per sign face with an aggregate of thirty -two (32) square feet for a double sided sign. SECTION 3: That Subparagraph (2) (Ground Signs) of Paragraph 2,c (Business Signs, Location) of Article 9.02 -B (Commercial Districts) of the Zoning Ordinance of the Village of -2- Deerfield be, and the same is hereby amended to read as follows (additions are indicated by underlining and deletions are indicated by stdkethfough markings): 9.02 -B Commercial District 2. Business Signs c. Location (2) Ground Signs Ground signs may be located in a required front, side or rear yard but shall not extend over any lot line or interfere with sightlines of oncoming vehicular or pedestrian traffic. SECTION 4: That Subparagraph (2)(b) (Ground Signs, Automobile Service Stations) of Paragraph 2,d (Business Signs, Height) of Article 9.02 -B (Commercial Districts) of the Zoning Ordinance of the Village of Deerfield be, and the same is hereby amended to read as follows (additions are indicated by underlining and deletions are indicated by striket" gag : markings): 9.02 -B Commercial District 2. Business Signs d. Height (2) Ground Signs (b) Automobile Service Stations — the three additional g Rd Signs feet in height-; Automobile service station signs located in the C -1 (Village Center) zoning district shall not proiect higher than six (6) feet above curb level In the C -2 (Outlying Commercial) zoning district, if a pole sign is used the fuel_ price sign must be located below the business sign SECTION 5: That Article 9.02 -B (Commercial Districts) of the Zoning Ordinance of the Village of Deerfield be, and the same is hereby amended to add the following as Paragraph 14 thereof entitled "Automobile Service Station LED Ground Signs ": 9.02 -B Commercial District 14. Automobile Service Station LED Ground Signs. a. Light Emitting Diode (LED) signs with an exposed light source will be allowed only by automobile service stations that provide fuel service in the C -1 village Center and C -2 Outlying Commercial District, for the sole -3- purpose of advertising fuel cost, and will be allowed only on a permanent ground sign. I. Number: No more than one (1) business sign with an LED sign component shall be permitted per zoning lot. 2. Area: No such ground sign shall exceed a maximum surface areas of thirty -two (32) square feet per face, with double sided signs allowing an aggregate surface total not to exceed sixty -four (64) square feet. 3. Height, Depth: No such ground sign shall exceed six (6) feet in height, measured from street curb level to the top of sign. See Appendix 11, Graphic Illustration Sign Regulations, for sample of sign height drawing. The depth of such ground sign shall not exceed 12 inches. 4. Location: Such ground sign shall be located on the same zoning lot as the principal use and shall not extend over any lot line. At the means of ingress and egress, no such sign shall be located in such a manner as to obstruct the line of sight of oncoming pedestrian and vehicular traffic. The sign shall be located in a green area protected by a barrier curb. See Clear Sight Triangles in Appendix 11. 5. LED Component: No more than one (1) price for regular gasoline shall be allowed per sign face, with the LED numerals not to exceed fourteen (14) inches in height. The electronic message sign shall not display any other type of message or advertisement. 6. Color: Only one LED color shall be allowed on such ground sign. The LED background screen shall be only black in color and non - illuminated. 7. Price Display: The electronic number display shall be static, and only change when a change in the price of fuel has occurred. The message transition (change in price) shall be instantaneous without any special effects. Fading, dissolving, scrolling, traveling of the numerals, and flashing are strictly prohibited. The LED number image shall be crisp and sharp in appearance and not appear pixielated, to the extent possible given current technology. 8. Message control: The electronic message area shall be controlled electronically by a computer or other similar device that has a manual override. In the event a malfunction occurs with the electronic message areas, the message area shall go blank (totally black) until such time as the problem is resolved. -4- 9. Illumination /Brightness: The electronic message area shall be programmed to dim and brighten automatically in response to changes in ambient light (photocell technology). A brightness level of 0.3 foot candles above ambient light is the brightness standard set for electronic message centers by the Illuminating Engineering Society of North America (IESNA), and is required by the Village. The service station operator shall reduce the level of brightness if it is determined by the Village that the light levels exceed the levels specified herein. Prior to the issuance of a permit for the sign, the applicant shall provide written certification from the sign manufacturer or installer that the light intensity has been factory preset to the light levels specified herein. 10. Hours of Operation: Any LED price sign within 120 feet of a residential district shall extinguish the light by the close of business or 11:00 p.m., whichever is earlier. SECTION 6: 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. [This Space left Blank Intentionally] -5- SECTION 7: 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 15th day of_ December 2014. AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 15th day of December 2014. ATTEST: — /� .4 V Ilage Cler 0 Village President