2011-02 AMENDING ZONING ORDINANCE - ZONING BOARD OF APPEALS - SIGNAGE IN ALL ZONING DISTRICTS

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Excerpts from Plan Commission Minutes of January 6,2011: Cal. No. 10-38 Petition of GREG C. CROWE, ASSISTANT CITY MANAGER, for amendments to the City of Decatur Zoning Ordinance (Ord. #3512, as amended). Ms. Stickle presented the recommendation of staff: The current City of Decatur Zoning Ordinance was adopted in May of 2002. Since the time of adoption, Staff has discovered certain necessary changes, discrepancies and omissions as the new ordinance has been implemented, specifically in SECTION XXV. SIGNAGE and SECTION XXX. ZONING BOARD OF APPEALS as well as SECTIONS IX., X., XI., and XII. in reference to Day Care Centers listed under permitted uses. It is Staff's hope that these changes will make the Zoning Ordinance more comprehensive and applicable to the changing built urban environment all the while keeping the charge of making Decatur a beautiful place to live, work and play. The first proposed amendments are related to signage permitted in the office district and for non- residential uses in the residential districts. The intent of changing the ordinance to allow larger and taller signs in these districts is to allow non-residential uses within residential districts proper signage without the need to rezone the property to a more intensive zoning. These uses are compatible with residential uses and should continue to be as such, however, it has become difficult for these uses to identify themselves with small signage while also adding the latest in technology. There is a push to rezone these residential districts to other zoning districts in order to take advantage of these taller and larger signs that allow for the technology of electronic message units. Changing the zoning may not be compatible with the surrounding area and the potential for a non-compatible use would then be created if zoning were changed. Another proposed change in the ordinance would allow a variance to be granted by the Zoning Board of Appeals for electronic message unit setback to any residential district and/or residential use property/lot line. This will allow more entities the opportunity to have an electronic message unit with the approval of the Board and the opportunity for neighboring properties to be heard at a public hearing. The Zoning Board of Appeals will only be able to reduce the setback distance by 50 percent. If a variance is granted for the setback of the EMU, the entity will only be allowed to operate the sign from 6 a.m. to 11 p.m. The last proposed amendment is for the change in playground size requirements for daycare centers. Day care centers are a permitted use in the R-6 Multiple Dwelling District, 0-1 Office District, B-1 Neighborhood Shopping District and the B-2 Commercial District. The intent of changing the playground requirements for daycare centers is to be in compliance with the State of Illinois Social Services Administrative Code. Currently, only part of the playground size requirements are listed in the Zoning Ordinance. The amendment will include that the size of the playground must accommodate 25 percent of the licensed capacity, along with the current Zoning Ordinance requirement of 75 square feet of playground per child. Staff recommends the following amendments: Amend SECTION XXX.B. (Zoning Board of Appeals-Powers and Duties) by adding: "Electronic Message Unit Signs The Board may grant variances to the required setback for an electronic message unit sign. The variance granted for the setback shall not reduce the minimum requirement by more than 50 percent. If a variance is granted, the electronic message unit shall only operate between the hours of 6:00 a.m. and 11 p.m. Before approving any request for a variance, the Board shall