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Type:
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Ordinance
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Status:
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Passed
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Title:
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Amendment of Municipal Code Section 13-20-680 by modifying City Council approval regarding signs, and repeal of various legislation inconsistent with or contrary to Code standards (TAD-559)
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Topic:
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MUNICIPAL CODE AMENDMENTS - Title 13 - Building & Construction - Ch. 20 Building Inspection
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Related files:
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O2016-8431, O2016-8335, O2016-7802, O2016-7491, O2016-7475, O2015-5423, O2016-5633, O2016-5653, O2016-5659, O2016-5662, O2016-5684, O2016-7503, O2016-8333, O2016-8336, O2016-8334, O2016-5664, O2016-5683, O2016-7292, O2016-8404, O2016-9139
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ORDINANCE
WHEREAS, Certain signs of unusual size or height require, in addition to a sign permit, approval by City Council Order; and
WHEREAS, This process, mandated by Section 13-20-680 ofthe Municipal code, provides the Council with added ability, beyond requiring full compliance with the generally applicable sign requirements, to control the proliferation of signs for the public good; and
WHEREAS, Several recent City Council ordinances have been phrased to direct the Commissioner of Buildings to issue a permit even where the particular sign violated the Municipal Code's applicable standards; and
WHEREAS, Such a practice undermines the integrity and cohesiveness of the City of Chicago's building and zoning code; and
WHEREAS, The City of Chicago zoning code relies on cohesive sensible categories as well as general restrictions on the placement, size, and use of structures in order to promote public health, safety, and welfare; and
"WHEREAS, A central goal of the zoning ordinance is the maintenance of orderly and compatible land use development patterns upon which residents and businesses can rely; and
WHEREAS, Amending Section 13-20-680 to restrict City Council actions that allow signs to override the City of Chicago's zoning and building code would allow for a consistent process and a standard that promotes public health, safety, and welfare; now, therefore,
Be It Ordained by the City Council ofthe City of Chicago:
SECTION 1. The following ordinances are hereby repealed in their entirety:
Ordinance Number:
02016-5664
02016-5683
02016-5684
02016-5633
02016-5653
02016-5659
02016-5662
02015-5423
02016-8431
02016-8333
O2016- 8334
02016-8335
02016-8336
02016-7503
02016-7475
02016-7491
02016-7802
02016-7292
02016-8404
02016-9139;
and any other ordinance or order, authorizing a sign for which a permit has not issued, in contravention of Title 17 ofthe Municipal Code.
SECTION 2. Section 13-20-680 ofthe Municipal Code of Chicago is hereby amended by inserting the language underscored, as follows:
13-20-680 Council approval.
A city council order approving a sign shall be required in addition to the normal permit for any sign which exceeds 100 feet2 (9.3 m2) in area or any roof or ground sign, structure or signboard over 24 feet (7.32 m) in height, excluding city digital signs identified in a coordinated city digital sign program agreement entered into pursuant to Section 10-28-046, or identified in an amendment to such a program agreement approved by the city council. Before the application for a permit for such sign is filed with the building commissioner, the applicant shall submit a duplicate of the application to the alderman of the ward in which the sign is to be located. At the time the duplicate is submitted to the alderman, the applicant shall (except as to such excluded city digital signs) submit to the city clerk an order for the approval or disapproval of the sign for introduction at the next regular meeting of the city council, and proof that the public notice provided for in this section has been given and a list of all persons who have been given such notice. The council order, upon being introduced to the council, shall be forwarded to the appropriate committee for hearing. Prior to filing its application, the applicant for the permit (except as to such excluded city digital signs) shall give notice to all voters registered at addresses within 250 feet (76.2 m) of the proposed sign location.
(omitted text is unaffected by this ordinance)
If the city council fails to issue an order disapproving an application for a sign within a 60-day period after the order for the sign is submitted to the city clerk, an order approving the sign shall be deemed to have been issued at the end of such period. The city clerk shall, within two business days, notify the building commissioner whenever the city council issues or is deemed to issue an order approving or disapproving a sign permit application. In any event, the building commissioner may not take final action on the application until the city council issues or is deemed to issue an order to recommend approval or disapproval of the application. The building commissioner, however, must take final action on the application no later than 75 days after the order for the sign permit was submitted to the city clerk. •
Any person aggrieved by the final decision ofthe building commissioner disapproving an application may seek judicial review ofthe decision in the manner provided by law.
As used in this section, "legal voter" means a person who has registered to vote and whose name appears on a pole sheet from the last preceding election regardless of whether primary or general.
No member ofthe City Council or other municipal officer shall introduce, and no Committee of the City Council shall consider or recommend, anv ordinance or order that is contrary in any way to any ofthe requirements of this section or Title 17 ofthe Code. No member ofthe City Council shall propose, and no Committee ofthe City Council shall consider, anv amendment to an ordinance which, if passed, would render the ordinance contrary to anv of the requirements of this section or Title 17 ofthe Code. No officer or employee ofthe City shall enforce any ordinance or order that is contrary to any of the requirements of this section or Title 17 ofthe Code. No member ofthe City Council may recommend action on, and no Committee of the City Council shall consider, any ordinance or order that authorizes the approval of a sign that does not comply with all applicable provisions of this section, Title 17 ofthe Code, and all other applicable Code provisions governing the construction and maintenance of outdoor signs, signboards, and structures.
Daniel Solis Alderman,25,h Ward
SECTION 3. This ordinance shall take effect following passage and approval.
TAD-559
Chicago, April 19, 2017
To the President and Members ofthe City Council:
Your Committee on License and Consumer Protection and Committee on Zoning, Landmarks and Building Standards, having under consideration an ordinance introduced by Alderman Daniel Solis (which was a direct introduction), amending Section 13-20-680 of the Municipal Code of Chicago to clarify the required process for sign-related legislation, and repealing legislation inconsistent therewith, begs leave to recommend that Your Honorable Body pass the substitute ordinance which is transmitted herewith.
This recommendation was concurred in by a viva voce vote of the members of the committees on April 17, 2017.
Respectfully submitted,
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