5/14/19Case #19-024-V 1365 Lee Street Variation
Case #19-025-TA Citywide Text Amendment
May 14, 2019
Page 1
DES PLAINES PLANNING AND ZONING BOARD MEETING
MAY 14, 2019
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday,
May 14, 2019, at 7 p.m. in Room 101 of the Des Plaines Civic Center.
ZONING BOARD
Vice Chair Saletnik called the meeting to order at 7 p.m. and read this evening’s cases. Roll call was
established.
PRESENT: Catalano, Fowler, Hofherr, Saletnik, & Schell
ABSENT: Bader & Szabo
ALSO PRESENT: Patrick Ainsworth, Coord., Devel. Mgr./Community & Economic Development
Jonathan Stytz, Planner/Community & Economic Development
Gale Cerabona/Recording Secretary
APPROVAL OF MINUTES
A motion was made by Board Member Hofherr, seconded by Board Member Fowler, to approve the
minutes of April 23, 2019, as presented.
AYES: Hofherr, Fowler, Catalano, Saletnik, & Schell
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
PUBLIC COMMENT
There was no Public Comment.
PUBLIC HEARING OLD BUSINESS
There was no Old Business.
PUBLIC HEARING NEW BUSINESS
1. Address: 1365 Lee Street Case 19-024-V
Case #19-024-V 1365 Lee Street Variation
Case #19-025-TA Citywide Text Amendment
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The petitioner is requesting a Major Variation for wall signage under Code Section 12-11-6 of the
1998 Des Plaines Zoning Code, as amended. The request is to install 152 square feet of wall
signage where 125 square feet is allowed.
PIN: 09-20-400-045-0000
Petitioner: Lisa Neal, Doyle Signs, 232 Interstate Road, Addison, IL 60101
Owner: ALDI Inc., 1200 N. Kirk Road, Batavia, IL 60510
Vice Chair Saletnik swore in John Streetz, Doyle Signs, 232 Interstate Road, Addison, IL; Tom
Strehmann, Construction Manager, & Clayton Emory, District Manager, ALDI Inc. 1200 N. Kirk
Road, Batavia, IL.
Mr. Streetz distributed color material samples. He noted the building is set back 347 ft. from Lee
Street; limits visibility. The variance is requested to be 152 sq. ft. (rather than 125 sq. ft.) for
total sign coverage.
Board Member Catalano asked if Petitioner has any exhibits for signage on the building. Mr.
Streetz distributed some.
Coordinator Ainsworth noted the monument sign is not part of the variance request.
Vice Chair Saletnik asked if, at the corner of the building, signage is on each face of the elevated
parapet. Mr. Streetz concurred and explained the variance.
Vice Chair Saletnik asked if the Board has any questions. He stated due to sign size and elevated
parapet, the sign does not appear large and obtrusive.
Vice Chair Saletnik asked if the audience is in favor or opposed to this petition. No one
responded.
A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to recommend
approval to City Council as presented.
AYES: Catalano, Hofherr, Fowler, Saletnik, & Schell
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Vice Chair Saletnik stated a favorable recommendation would be submitted to City Council.
Coordinator Ainsworth advised this would be on the June 3, 2019, agenda.
Vice Chair Saletnik asked Staff to provide the Staff Report which Planner Stytz did:
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Issue: The petitioner is requesting a Major Variation under Section 12-11-6(B) of the 1998 Des
Plaines Zoning Ordinance, as amended, to allow a total of 152 square feet of wall sign area on an
existing building, where the aggregate building sign area maximum allowed is 125 square feet.
Analysis:
Address: 1365 Lee Street
Owner: Chris Stair on behalf of Aldi, Inc., 1200 North Kirk Road, Batavia,
IL 60510
Petitioner: Lisa Neal, Doyle Signs, 232 West Interstate Road, Addison, IL
60101
Case Number: 19-024-V
PIN: 09-20-400-045-0000
Ward: #5, Alderman Carla Brookman
Existing Zoning: C-3, General Commercial District
Existing Land Use: Grocery Store (Aldi)
Surrounding Zoning: North: M-1, Limited Manufacturing District
South: C-3, General Commercial District/M-1, Limited
Manufacturing District
East: R-1, Single-Family Residential District
West: C-3, General Commercial District
Surrounding Land Use: North: Manufacturing (JB Metal Works)
South: Manufacturing (Commerce Center)/Commercial (Fish
Market)
East: Railroad; Single-family residences
West: Commercial (shopping center)
Street Classification: Lee Street is classified as an arterial street and Forest Avenue is
classified as a local street.
Comprehensive Plan: The Comprehensive Plan designates the site as Commercial.
Project Description: The petitioner, Lisa Neal of Doyle Signs, is requesting a major
variation to allow for 152 square feet of wall signage at 1365 Lee
Street. This property contains a one-story building with a surface
parking lot containing 105 off-street parking spaces. The subject
property is located along Forest Avenue and is positioned behind
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an existing shopping center and vacant outlot, both located along
Lee Street. The existing building on the property is setback from
Lee Street and Forest Avenue approximately 347 feet and 224
feet, respectively.
Per Section 12-11-6(B), building facades that face a street are
allowed two (2) wall signs and building facades that do not face
a street are allowed one (1) wall sign provided that the total
aggregate sign area for the entire building does not exceed 125
square feet. The petitioner’s request to allow a wall sign area of
152 square feet where only 125 square feet is permitted
constitutes the need for a major variation to Section 12-11-6(B)
of the 1998 Des Plaines Zoning Ordinance.
The petitioner is requesting larger signs as the building is
currently undergoing a remodel and footprint expansion. There
is an existing monument sign at the southwest corner of 1387 Lee
Street where the petitioner utilizes a panel for the subject
business. An active sign easement agreement, established in
2005, allows the subject business to have a panel on this sign.
There is no request by the petitioner to increase the monument
sign panel.
Variation Findings: Variation requests are subject to the standards set forth in Section 12-3-6(H)
of the 1998 City of Des Plaines Zoning Ordinance, as amended.
1. Hardship: No variation shall be granted pursuant to this subsection H unless the applicant
shall establish that carrying out the strict letter of the provisions of this title would create
a particular hardship or a practical difficulty:
Comment: Both of the proposed permanent wall signs in question meet all requirements
found in the Zoning Ordinance with the exception of the total aggregate wall signage area
maximum restriction for the entire building. The subject building is considerably setback
from both Lee Street and Forest Avenue and the petitioner is requesting wall signage in
excess of 125 square feet to increase visibility of their business from these streets.
2. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject
to the same provision by reason of a unique physical condition, including presence of an
existing use, structure, or sign, whether conforming or nonconforming; irregular or
substandard shape or size; exceptional topographical features; or other extraordinary
physical conditions peculiar to and inherent in the subject lot that amount to more than
a mere inconvenience to the owner and that relate to or arise out of the lot rather than
the personal situation of the current owner of the lot:
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Comment: The subject property’s location behind two other lawfully-established lots
creates a unique physical condition when viewing the property from Lee Street. One of
the two lots in front of the subject property is developed with a shopping center and
partially obstructs the view of the building’s signage. While the other lot is currently
vacant, the development of that lot could also impede the public’s view of the building’s
signage from Lee Street. The large setback of the subject property and the existing
obstructions in the area lessens the visibility of the building’s signage from both Lee Street
and Forest Avenue. Thus, the allowance of this variance would assist in reducing the
physical constraints of the subject property and provide much needed visibility.
3. Not Self-Created: The aforesaid unique physical condition is not the result of any action
or inaction of the owner or its predecessors in title and existed at the time of the
enactment of the provisions from which a variance is sought or was created by natural
forces or was the result of governmental action, other than the adoption of this title:
Comment: The hardship was not created by the petitioner or building owner and cannot
be corrected without the approval of the requested variation.
4. Denied Substantial Rights: The carrying out of the strict letter of the provision from which
a variance is sought would deprive the owner of the subject lot of substantial rights
commonly enjoyed by owners of other lots subject to the same provision:
Comment: The property owner may be denied the right to install wall signage in a size
that proportionally fits with the size of the building and the large setbacks from all
surrounding streets. Restricting the wall sign area to 125 square feet for the entire
building will prevent the property owner from utilizing the amount of advertising
currently enjoyed by companies of similar size and type in the surrounding area which are
located much closer to a roadway.
5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the
inability of the owner or occupant to enjoy some special privilege or additional right not
available to owners or occupants of other lots subject to the same provision, nor merely
the inability of the owner to make more money from the use of the subject lot:
Comment: The granting of this variation would not provide the property owner with any
special privilege or right that is not already enjoyed by similar commercial businesses
within this zoning district and is not sought to provide the property owner with economic
gain as nearly every other similar commercial building does not have visual obstructions
comparable to the subject building.
6. Title And Plan Purposes: The variation would not result in a use or development of the
subject lot that would be not in harmony with the general and specific purposes for which
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this title and the provision from which a variation is sought were enacted or the general
purpose and intent of the comprehensive plan:
Comment: The proposed wall signage would be in harmony with the general purposes of
this title and would be congruent with the general purpose and intent of the
comprehensive plan. The slightly larger signs will not stick out as compared to other
properties due to the building’s significant setback.
Recommendation: Staff recommends approval of the requested aggregate wall sign area variation
based on review of the information presented by the applicant and the standards and conditions
met by Section 12-3-6(H) (Findings of Fact for Variations) as outlined within the City of Des Plaines
Zoning Ordinance, as amended.
Planning and Zoning Board Procedure: Under Section 12-3-6(F) of the Zoning Ordinance (Major
Variations), the Planning and Zoning Board has the authority to recommend that the City Council
approve, approve subject to conditions, or disapprove the above-mentioned variance for
aggregate wall sign area within the C-3 Zoning District at 1365 Lee Street. The City Council has
the final authority on the proposal.
Documents will be retained for the record.
2. Address: Citywide Case 19-025-TA
The petitioner is requesting the following items: i) a Conditional Use as an Commercially The City of Des Plaines is requesting Text Amendments to the following sections of the 1998 Des Plaines Zoning Code, as amended: (i) Section 12-7-1.C, Permitted Obstructions in Required Yards, to add the new corner side yard, add solar panels to this chart and to amend certain sections; (ii) Section 12-3-11, Building Design Standards, to clarify certain sections and add an administrative interpretation/adjustment regulation; (iii) 12-7-4.E-5, Open Storage, to clarify open storage requirements; (iv) Sections 12-11-2 through 12-11-6, to update certain regulations in the Sign Chapter including: prohibited signs, temporary signs, real estate signs, directional signs, residential monument signs, maximum wall sign area for shopping center, construction related signs, portable A-frame signs, and marquee signs; and (v) Section 12-13-3, Definitions, to amend definition for “Sign, Directional” and ”Sign, Portable” and add definitions for “Sign, Marquee”, “Sign, Portable A-Frame”, and “Sign, Construction Related” and omitting “Sight Distance Triangle”.
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Owner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
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Coordinator Ainsworth offered a PowerPoint presentation (introducing elements, etc.) and
explained same:
• Updating the Permitted Obstruction Table
o Adding corner side yard
o Adding solar panels
o Covered porches and decks
Board Member Hofherr asked if there are many residents that have solar panels.
Coordinator Ainsworth stated – yes, several residences.
Board Member Fowler asked if the entire roof could be covered in solar panels.
Coordinator Ainsworth stated – yes.
(continued)
o Sports courts (bocce ball, etc.)
• Updating the Building Standards
o Brick and cedar siding
o Front façade (of a home) was illustrated
o 1st & 2nd floor clarifications
Vice Chair Saletnik asked if shingles on 1st floor is not to code. Coordinator Ainsworth
advised – the Zoning Administrator has authority to review and approve deviations
through a Minor Variation. The neighboring context is taken into consideration (in
keeping with neighborhood). He noted minor variations take about four weeks. Vice
Chair Saletnik stated this route is a shortcut.
Board Member Fowler asked about a street of all brick houses. Coordinator Ainsworth
explained – a house would not be approved without brick; an appeal can occur.
(continued)
o An example in Elmhurst was given allowing EFIS as an accessory above the first 8
ft.
(continued)
o Commercial buildings
Board Member Fowler asked why we are restricting homes but not developments.
Coordinator Ainsworth stated there have been no concerns by developers for
commercial development materials. There are a variety of materials that developers can
use on their respective building.
• Updating the Open Storage Regulation for the M-2 Zoning District
o Permits outdoor storage
o In rear yard, a solid fence (8 ft. high) must be present
o A business may be grandfathered in unless they expand certain elements
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o A new business must comply
Pesche’s and Lurvey’s were briefly discussed.
• Updating the Sign Chapter
o Will try to allow sandwich boards, portable signs, etc. only in C-3 and C-5
o Permit active for only 1 year (not a permanent or temporary sign)
Vice Chair Saletnik asked and Coordinator Ainsworth responded that Real Estate/Open
House signs are under the exempt sign category.
Board Member Hofherr asked:
o referring to Page 8, how enforcement would occur on temporary signs.
Coordinator Ainsworth stated there is a notification system; code enforcement
is quite active.
o about the theater. Coordinator Ainsworth stated electronic message boards
would replace same (includes neon lights); permanently adhered to building.
Vice Chair Saletnik stated he is in favor of the new theater sign.
Board Member Fowler asked about moving the bus stop. Coordinator Ainsworth will
review. Board Member Fowler stated this prohibits store parking.
(continued)
o Temporary signage (with triggers)
o Real estate signage; now leasing/for sale
o Seasonal retail stores; pumpkin patches, etc.
Vice Chair Saletnik asked about vertical flags. Coordinator Ainsworth noted they are not
permitted.
Board Member Schell asked about political signs. Coordinator Ainsworth stated City
Staff did not amend this type of signage.
(continued)
o Construction Identification Revision
o Exempt signs
o Directional signs
o Shopping Centers
125 sq. ft. per tenant
o Office Buildings
Allowing 3 wall signs (200 sq. ft. total)
Cannot abut a residential district
• Clarifying Sight Distance Triangle
Vice Chair Saletnik asked if anyone in the audience is in favor or opposed to this petition. There
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was no audience.
Issue: The City of Des Plaines is requesting Text Amendments to the following sections of the
1998 Des Plaines Zoning Code, as amended: (i) Section 12-7-1.C, Permitted Obstructions in
Required Yards, to add the new corner side yard, add solar panels to this chart and to amend
certain sections; (ii) Section 12-3-11, Building Design Standards, to clarify certain sections and add
an administrative interpretation/adjustment regulation; (iii) 12-7-4.E-5, Open Storage, to clarify
open storage requirements; (iv) Section 12-3-6, Minor Variations to add two new allowable minor
variations; (v) Sections 12-11-2 through 12-11-6, to update certain regulations in the Sign Chapter
including: prohibited signs, temporary signs, real estate signs, directional signs, residential
monument signs, maximum wall sign area for shopping center, construction related signs,
portable A-frame signs, and marquee signs; and (vi) Section 12-13-3, Definitions, to amend
definition for “Sign, Directional” and “”Sign, Portable” and add definitions for “Sign, Marquee”,
“Sign, Portable A-Frame”, and “Sign, Construction Related” and omitting “Sight Distance
Triangle”.
Analysis:
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Case Number: #19-025-TA
Project Description: The City of Des Plaines is proposing several text amendments to
the Des Plaines Zoning Ordinance, which are as follows:
• Amending and adding regulations to the Permitted
Obstructions in Required Yard Matrix including:
o Adding a “Corner Side Yard” column;
o Adding “Solar Panels” to this matrix;
o Adding “Sport Courts” to the matrix; and
o Amending various existing regulations;
• Amending the Building Design Standards:
o Clarifying single family materials on upper floors;
o Clarifying EFIS on commercial buildings; and
o Adding an administrative adjustment/interpretation
section;
• Clarifying open storage regulations in the M-2 zoning district;
• Adding two new sections to the allowable Minor Variations;
• Amending and/or adding the following regulations in the Sign
Chapter:
o Prohibited signs;
o Temporary signs;
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o Directional signs;
o Real estate signs;
o Construction related signs;
o Residential monument signs;
o Maximum sign area for shopping centers;
o Portable A-frame signs; and
o Marquee signs;
• Amending, adding or omitting the following terms to the
Definitions section of the Zoning Ordinance:
o Amending “Sign, Directional”;
o Amending, “Sign, Portable”
o Adding “Sign, Marquee”;
o Adding “Sign, Construction Related”;
o Adding “Sign, Portable A-Frame”; and
o Omitting “Sight Distance Triangle”.
Updating the Permitted Obstruction in Required Yard Matrix
In March 2019, the Planning and Zoning Board recommended approval of a proposed text
amendment to add a corner side yard regulation to the R-1 through R-4 zoning districts. With
this new yard setback requirement, Community and Economic Development staff is now
proposing to amend Section 12-7-1.C of the Zoning Ordinance to reflect this new regulation.
Additionally, staff is taking this opportunity to add solar panels as a permitted obstruction
element in this chart, in certain instances, and to update other regulations such as accessory
structures, decks and sport courts. The proposed amendments are listed in the table below:
Add/Amend as follows:
12-7-1.C:
PERMITTED OBSTRUCTION MATRIX
Required Yards
Front Side Rear Corner
Side1
Accessory Structures and Buildings including Detached
Garages; open off street parking spaces; accessory
sheds, tool rooms, and similar buildings or structures for
domestic or agricultural storage
• May be located no closer than 5 feet from side
and rear lot lines
NP NP P NP
ADA Accessible Improvements
• May be located no closer than 1 foot from all lot
lines
P P P P
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Awnings and Canopies
• May project 18 inches or less, except for
awnings identified in Chapter 11 of this Article
P P P P
Balconies
• May project 3 feet or less only
• Allowed to project on all sides in the R-4 and C-5
district
• In all instances, no balcony shall project over a
property line
NP NP P P
Bay Windows
• Only one-story eaves may project into required
yards
• May project 3 feet or less only
P P P P
Chimneys
• May project 18 inches or less only
NP P P P
Covered or Open Decks, Porches, and Landings
• May encroach no farther than 5 feet into
required the front and rear yards
• May encroach no farther than 12.5 feet in the
required rear yard
• The maximum area of a deck, porch, or landing
that encroaches into the required front yard is
50 square feet
• May encroach no farther than 3 feet into
required side and corner side yards
• Eaves on encroaching covered decks, porches, or
landings may not extend an additional 2 feet
P P P P
Eaves and Gutters
• May project 2 feet or less only
P P P P
Fences
• Refer to Section 12-8-2 of this code for specific
fence regulations
P P P P
Flagpoles
• May be no taller than 20’ in residential districts
• May be no taller than 40’ in non-residential
districts
P P P P
HVAC, Generators, and Similar Building Mechanical
Equipment
• May be located no closer than 5 feet from side
and rear lot lines
NP P P NP
Patios
• Must be separated from a driveway/parking
area by a minimum of 3 feet
• May be located no closer than 5 feet from side
and rear lot lines
NP P P NP
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Pergolas
• May be located no closer than 5 feet from side
and rear lot lines
NP P P NP
Recreational Equipment1 & 2 2 & 3
• Basketball hoops shall not overhang into any
alley or public right-of-way
• May be located no closer than 5 feet from side
and rear lot lines
NP P P NP
Seating Walls as part of a patio or deck
• Total height for any seating wall shall not exceed
4 feet from finished grade when located in a
front yard
• May not encroach in the required front yard
more than 5 feet
• May be located no closer than 3 feet from side
lot lines
• May be located no closer than 5 feet from
corner side and rear lot lines
P P P P
Solar Panels
• Freestanding solar panel installations shall not
exceed 15 feet in height
• May be located no closer than 5 feet from side
and rear lot lines
• Solar panels may be attached to the primary
structures and permitted accessory
structure(s); however, all components cannot
exceed the maximum allowable height
NP NP P NP
Sport Courts including bocce ball courts, tennis courts,
basketball courts and any other impervious court
surface
• May be located no closer than 5 feet from side
and rear lot lines
NP P P NP
Steps
• 4 feet or less above grade, which are necessary
for access to a permitted building or for access
to a zoning lot from a street or alley
P P P P
Swimming Pools
• May be located no closer than 5 feet from side
and rear lot lines
NP NP P NP
Walkways
• All walkways, whether within a required yard or
the buildable area, can be no more than 4 feet
wide
P P P P
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• Must be separated from a driveway by a
minimum of 3 feet (with the exception of a
perpendicular connection)
• May be located no closer than 2 feet from the
side lot lines
Window Wells
• May be located no closer than 1 foot from any
lot lines
P P P P
Yard Features2 3
• Arbors and trellises:
o May not exceed 8 feet in height
o May be located no closer than 1 foot from
all lot lines
o If located in a front yard, must be
constructed in such a manner so as to
provide at least fifty percent (50%) open
"see through" area of uniform distribution
• All other yard features:
o May not exceed 4 feet in height when
located in the required front yard
o May not encroach in the required front yard
more than 5 feet
o May be located no closer than 5 feet from
side, corner side and rear lot lines
P P P P
Notes:
1. Corner side yard regulations shall only apply to the R-1, R-2, R-3 and R-4 zoned
properties.
2. There is no limit to the number of recreation equipment items allowed on any lot.
However, any recreational equipment that adds impervious surface will count
towards the maximum rear yard coverage for properties zoned R-1.
3. Recreational Equipment and Yard Features do not require a permit unless
electrical and/or a foundation is required for installation.
Amendment to the Building Design Standards
In 2018, City Council held a discussion to amend certain sections in the Zoning Ordinance
regarding building materials. Those sections included the materials for all elevations and the
building design standards chart. While the changes were subsequently presented to the
Planning and Zoning Board and to City Council, staff is proposing a couple of clarifications
below:
Add/Amend:
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12-3-11.B Staff Design Review Committee
Staff Design Review Committee; Authority: The zoning administrator shall appoint a staff
design review committee consisting of three (3) staff members of the department of
community and economic development. The zoning administrator and the staff design review
committee shall be responsible for conducting building design review in accordance with the
provisions of this section. The zoning administrator, upon recommendation of the staff
design review committee, may approve a design that varies from the strict interpretation
of the Building Design Review code, through a minor variation, to avoid a building that
would not be in harmony with the surrounding neighborhood or would be difficult to
achieve.
12-3-11-D.2.a. Materials For All Building Elevations
(2) Detached multi-level or multi-story single-family residential shall be constructed with
100% face brick on all ground floor and first floor street facing elevations and a minimum of
eight (8) feet from the top of foundation on all remaining elevations. Any floors above the
first floor shall follow the Building Design Standards Table found in this chapter.
12-3-11-F. Action On Building Design Review
F. Action On Building Design Review: Upon receipt of a properly completed development
review application and building design review plans, the zoning administrator and staff design
review committee shall review the building design review plans to determine compliance with
the standards set forth in table 1 and subsection D, "Standards For Building Design Review",
of this section. The zoning administrator and staff design review committee shall forward a
written report and recommendations to the applicant. The applicant shall first apply for a
minor variation pursuant to 12-3-11.B. to appeal the written report and recommendation.
If a minor variation is denied, the zoning administrator's decision can be appealed to the
planning and zoning board pursuant to section 12-3-9, "Appeals", of this chapter.
The two items clarified in this section are to eliminate confusion about the second story building
materials for a single family detached house and to introduce proposed deviations of the building
design standards through a minor variation. This type of variation is handled at the staff level and
is a quicker process to potentially allow small exceptions to the design of a new house or building.
The next proposed amendment looks to add a clarification on one-story industrial and commercial
buildings. There are several existing one-story buildings that contain exterior insulation and finish
system (EIFS) above the finished first floor. However, when a remodeling permit comes in and a
property owner is proposing to remove and place their existing EIFS with new EIFS, they are not
allowed to and they have to comply with the four types of building materials as shown above.
The new note section will allow the building owners to improve their property and be allowed to
utilize EIFS above the finished first floor ceiling as an accent material.
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Amend
12-3-11 - Table 1
Type Of
Building
Permitted Ground
Story Materials
Commercial Face brick, stucco, metal, and concrete masonry units1
Industrial Face brick, stucco, metal, and concrete masonry units1
Notes:
1. Finishing systems (EIFS) may be used as a permitted ground story material as an accent
material. Such material shall only be used when at least eight feet above the finished first
floor.
One more clarification that is being proposed is regarding a grammatical change for the same
table, Table 1, under Prohibited Materials for Attached single-family and multi-family residential
as well as detached single-family residential. The change is as follows:
Amend 12-3-11 - Table 1
Prohibited Materials
Simulated masonry, stone, face brick more than 35/8" in height, aluminum or metal siding,
untreated wood, and exterior insulation and finishing systems (EIFS)
The comma is being removed between “masonry” and “stone” as simulated stone will not be an
allowed building material on residential developments – natural stone will be an allowed building
material for these buildings. This comma added confusion as the three words of “simulated
masonry stone” is describing one type of building material.
Amendment to the Open Storage Regulations for M-2 Zoning District
The M-2 zoning district is the only manufacturing zoning district that allows for the open storage
outside; however, the regulation is not specific and outside storage placement may interfere
with required parking and emergency access. The proposed code amendment is as follows:
Add/Amend
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12-7-4.E.5. Standards For Site Plan Review:
a. Open Storage: The following regulations shall apply to open storage for M-2 zoned lots:
i. No part of the lot area shall be used for open or unenclosed storage of materials used
in manufacturing, processing or assembly of products.
ii. No open storage is permitted except in bins or where enclosed by a cyclone type solid
wood or masonry fence or equivalent not less than eight feet (8') high, any other
ordinances of the City to the contrary notwithstanding.
iii. All allowable outside storage shall only be allowed in the side and rear yards of the
subject property.
iv. No outside or open storage is allowed on any other lot other than the subject zoning
lot associated with the primary use.
v. No inoperable vehicles and equipment or damage vehicles or equipment are allowed
to be stored outside except in the rear yard and fully enclosed by a solid wood or
masonry fence not less than eight feet (8’) high.
vi. No outside or open storage shall block emergency vehicle access at any time.
vii. No outside or open storage shall occupy required off street parking spaces as
regulated in section 12-9-7 of this title.
viii. Any deviation from this section shall be subject to the review of the zoning
administrator through a minor variation pursuant to 12-3-6.E. “Minor Variations”
of this title.
Amendment to the Minor Variation Section
To acknowledge the two new proposed minor variations that are being introduced in this text
amendment application, deviation of the building design standards and for open storage in the
M-2 zoning district. The proposed text amendment is as follows:
Amend/Add
12-3-6-E.
E. Minor Variations (Zoning Administrator):
1. Authorized Variations: Variations from the regulations of this title may be granted by the zoning
administrator only in the following instances, and then only in accordance with the standards set
forth in subsection H of this section:
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f. To vary the Building Design Standards for detached single family residential pursuant
to section 12-3-11-D.2.a.(2) Materials For All Building Elevations of this title.
g. To vary the open storage requirements for M-2 zoned lots pursuant to section 12-7-
4.E.5.a of this title.
The goal of introducing these two minor variation options is to provide some relief from complying
with the Zoning Ordinance as there are some instances when a property contains a physical
hardship or unique circumstance that could warrant a variance. Note, if any applicant applies for
either one of these items, the Zoning Administrator has the ability to add conditions to the request
as an option to grant approval. If the applicant is denied by the Zoning Administrator for a Minor
Variation, then that applicant can file an appeal and go to the Planning and Zoning Board.
Amendments to the Sign Chapter
While the Sign Chapter is rather extensive, there are several scenarios that are not adequately
reflected in the current code or there are instances when the code has made certain signage non-
conforming. As such, there are several amendments being proposed such as introducing a type
of signage to assist businesses advertising their services in a pedestrian-friendly manner,
acknowledging marquee signs as a permitted sign in certain instances, amending the total signage
for shopping centers, clarifying directional signs, and clarifying temporary signage related to
certain types of developments and construction projects.
Portable Signs and Marquee Signs
Amend:
12-11-2 – Prohibited Signs
E. Portable or wheeled signs, except portable A-frame signs as permitted pursuant to sections
12-11-5 and 12-11-6 of this chapter.
H. Marquees, except where permitted pursuant to sections 12-11-5 and 12-11-6 of this chapter.
Add:
12-11-5.
I. Portable A-Frame Signs:
1. Materials: A-frame signs shall be constructed with durable plastic, metal or wood and
approved non-combustible materials. The sign shall be constructed so as to not blow
away.
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2. Location: An A-frame sign shall be located no farther than 15 feet from the main
customer entrance of the business advertised on the A-frame sign and within such
business’ tenant frontage. A-frame signs located within the public right-of-way shall
only be approved when a license agreement is executed between the sign owner and
the zoning administrator. The A-frame sign shall not be located within a path for ADA
accessibility and all A-frame sign elements shall be located at least three feet from the
curb of any roadway.
3. Time and Duration: An A-frame sign shall only be displayed during the hours of business
operation. A sign permit is required for such an A-frame sign and each permit is valid
for one year.
J. Marquee Signs:
1. Materials: Marquee signs shall be constructed of metal, aluminum and other durable,
non-combustible materials and shall be attached to the primary structure.
2. Location: A marquee sign shall be constructed above the main customer entrance of a
commercial theatre.
3. Projection Above Sidewalk and Setback: Marquee signs may be allowed to project onto
the public right-of-way subject to the approval of the zoning administrator, but the edge
of the sign shall be setback at least one foot from the curb of the roadway.
Amend 12-13-3 Definitions
SIGN, PORTABLE: Any sign designed to be transported or movable, including, but not limited to:
D. Signs converted to or constructed as an A- or T-frame sign.
ED. Signs painted, mounted or affixed on a motor vehicle or boat or trailer for advertising
purposes, parked on or off public right of way or shore, and visible from the public right of way or
shore, except signs identifying the related business when the motor vehicle or boat or trailer is
being used in the normal day to day operations of that business. (Portable signs are prohibited,
except pursuant to section 12-11-5 and 12-11-6 of this title.)
Add 12-13-3 Definitions:
SIGN, PORTABLE A-FRAME: A portable sign constructed of an A or T frame and is intended to
advertise a specific business or businesses in a pedestrian environment.
SIGN, MARQUEE: A permanent sign structure that projects from the primary building elevation
of a commercial theatre over the public sidewalk. The three projecting faces of this structure
are each allowed to contain signage.
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Amend 12-11-6 B. Commercial, Manufacturing and Institutional Districts:
Sign Type
Number, Area, Height,
And Other Limitations2
Portable,
A-Frame
A-frame signs shall be no taller than three feet (3’) in height and no more than six
square feet in size per face. The maximum allowable number of faces allowed per
sign shall be two. Only one A-frame sign shall be allowed per business located on the
ground floor of a building. Multiple businesses that share the same address shall
either share the sign area within the one allowed A-frame sign or the A-frame permit
issuance shall be based on a first-come-first-serve basis. Such signs are only allowed
on C-3, C-4 and C-5 zoned lots.
Marquee Only one marquee sign shall be allowed on a commercial theatre. Signage shall be
allowed on each of the three projecting faces; however, the main entrance sign panel
shall not exceed 300 square feet and the side face panels shall not exceed 150 square
feet. Electronic message board sign panels are allowed on all three sign faces, but
shall not exceed thirty percent (30%) of the respective sign face. Such signs are only
allowed on commercial theaters located in C-3 and C-5 zoned lots. The maximum
height of the marquee above finished grade shall be thirty feet (30’) and shall have
a minimum height clearance of eight feet (8’) from finished grade.
Temporary Signs
There are a variety of temporary signs found in the Sign Chapter covering a multitude of events
and scenarios. However, there some type of development situations which do not reflect specific
construction-related scenarios. Additionally, staff is taking this opportunity to further clarify the
type of residential monument signs allowed. As such, the proposed amendments to create such
signage opportunities are found below:
Amend/Add
12-11-3.G Exempt Signs:
1. Real estate signs. Real estate signs advertising one to 24 residential units in one
development, in the type and number listed below:
12-11-5.F Temporary Signs:
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Sign Type
Number, Area, Height,
And Other Limitations
Temporary: No more than 1 sign may be erected at 1 location at
any given time and no more than 4 signs may be
erected at 1 location over the course on any calendar
year, excepted as noted in the two sub-categories
below. No temporary sign shall exceed 64 square
feet.
Construction related and available space signs,
temporary
Two signs per development project or a building
with available space or as otherwise specified
pursuant to section 12-11-5.F of this chapter. Each
sign shall not exceed 64 square feet in area and six
feet (6’) in height. Such signage shall not be
externally or internally illuminated and shall follow
the additional regulations pursuant to section 12-11-
5.F of this chapter.
Seasonal retail sign, temporary One sign is permitted in conjunction with a valid
temporary event seasonal retail sales license. The
sign shall not exceed 64 square feet in area and six
feet (6’) in height. Such signage shall not be
externally or internally illuminated and shall follow
the additional regulations pursuant to section 12-11-
5.F of this chapter.
Monument - entrance 1 sign.
The sign shall consist of no more than 65 square feet
in area and a height of no more than 5 feet. Such
signage shall not be externally illuminated.
Internally illuminated signs shall comply with
section 12-12-10 of this title.
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1. Duration: No temporary sign shall be erected and maintained for a period in excess of thirty
(30) days, except where permitted to exceed such period of time pursuant to the sign types
identified in the subsection below and section 12-11-6 of this chapter. At the expiration of
said thirty (30) days, or other authorized duration, no sign shall be erected or maintained on
the premises for a period of sixty (60) days.
a. Construction related and available space signs
i. For new developments or existing properties with available commercial
spaces over 2,000 square feet in size or more than 25 residential units either
under construction or for sale, lease or rent. Such signage must be located on
the property on which the new development project or available space is
located and shall be allowed from the date a building permit for construction
is issued by the city to the date a certificate of occupancy is issued by the city.
Spaces that have been issued a certificate of occupancy and are still leasing
over 2,000 square feet of available commercial space or more than 25
residential units shall only be allowed one sign.
b. Seasonal retail signs
i. For approved seasonal sales pursuant to a valid temporary event seasonal
retail license issued in accordance with section 4-3-4 of this code. Such signage
shall be located on the licensed property and shall be allowed from the date
the temporary event seasonal retail license is issued to the last date of the sale
or 90 days, whichever comes first.
Add/Amend:
12-11-6. A & B.
A. Residential Districts, Including The MH-1 Mobile Home Park District: It shall be unlawful
for any person to construct or maintain a sign in any residential district or the MH-1
mobile home park district, except as follows:
Commercial, Manufacturing And Institutional Districts: It
shall be unlawful for any person to construct or
maintain a sign in any commercial district,
manufacturing district, or the I-1 institutional district,
except as follows. For the purposes of providing sign
uniformity, a property may incorporate both wall and
monument signs or wall and pole signs; however, the
use of monument signs in conjunction with pole signs is
Number, Area, Height,
And Other Limitations2
Permitted for single-family residential
developments.
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prohibited.
Sign Type
Temporary: No more than 1 sign may be erected at 1 location at any
given time and no more than 4 signs may be erected at
1 location over the course on any calendar year,
excepted as noted in the two sub-categories below. No
temporary sign shall exceed 64 square feet.
Construction identification 2 signs per lot. The sign shall not exceed 64 sq. ft. in area
and 6' in height.
Construction related and available space signs,
temporary
Two signs per development project or a building with
available space or as otherwise specific pursuant to
section 12-11-5.F of this chapter. Each sign shall not
exceed 64 square feet in area and six feet (6’) in height.
If such signs are located on a building, then the sign
shall not hang above the second floor of the primary
building and not cover any opening. Such signage shall
not be externally or internally illuminated.
Seasonal retail sign, temporary One sign is permitted per the approved seasonal retail
sales license. The sign shall not exceed 64 square feet
in area and six feet (6’) in height. Such signage shall
not be externally illuminated or internally and shall
follow the additional regulations pursuant to section
12-11-5.F of this chapter.
Add 12-13-3 Definitions:
SIGN, CONSTRUCTION RELATED AND AVAILABLE SPACE, TEMPORARY: A temporary sign or
banner used to identify the name of a specific construction project occurring on the subject lot
or to advertise the lease or sale of available commercial or residential space at the property.
The goal of the proposed text amendment above is to create a reasonable advertising for
residential, commercial and industrial developments with logical timeframes for their respective
temporary signage as well as to clarify that residential monument signs cannot be externally
illuminated to assist with reducing potential light glare onto adjacent properties.
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Directional Signs
The next part of the Sign Chapter to amend is regarding directional signs. There is a definition for
directional signs, but there is no specific code section that governs this type of signage. The
proposed amendment is as follows:
Add 12-11-3.G Exempt Signs
14. Directional signs. A maximum of three directional signs shall be allowed on lots zoned C-2,
C-3, C-4 and M-2 and are subject the following additional restrictions:
a. The maximum allowable height for each directional sign is three feet (3’) from
established
grade.
b. The maximum area for each sign shall be two square feet.
c. Each directional sign may be internally illuminated, but shall not be externally
illuminated.
d. Each directional sign must be on the private property side and must be adjacent to
a vehicle
entrance or exit.
e. All directional signs shall be accompanied with at least one foot of landscaping
around the
entire base of the sign. The plantings shall consist of low-lying evergreen shrubs and
perennials.
Maximum Allowable Signage for Shopping Centers and Office Buildings
The existing Sign Chapter needs to be updated to clarify signage calculations for individual tenants
in a shopping center and office buildings. As the ordinance is currently written, a maximum of
125 square feet of signage is allowed for an entire building. The City of Des Plaines contains
shopping centers with more than 15 businesses/spaces and if the code section is strictly applied,
then each business would be allowed less than 10 square feet of signage, but another code within
the sign chapter allow for more signage – staff is proposing to eliminate this confusion. There are
some shopping centers that contain a Localized Alternative Sign Regulation (LASR) that provides
clarity and additional signage; however, not all shopping centers contain a LASR and are therefore
subject to this regulation. The proposed amendment is as follows:
Amend 12-11-6-B
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Wall signs1:
Non-street
facing wall
signs
Building facades that do not face a street or public highway may have 1 wall sign. If a building is
located adjacent to a residential zoning district, any wall sign installed on a non-street facing
facade of the building that faces the residential zoning district shall not be illuminated. The total
sign area (including the area of any awning or canopy signs) permitted on any non-street facing
facade shall not exceed 1 sq. ft. of sign area per linear foot of horizontal building face. The total
sign area (including the area of any awning or canopy signs) permitted on an entire building
(including all facades) shall not exceed 125 sq. ft. that is not defined as a shopping center or
office building. Shopping centers may exceed 125 square feet in signage, but each tenant shall
not exceed 125 sq. ft. in total sign area. Office buildings with three or more businesses may be
allowed signage up to 200 square feet; however, no wall signs shall face an abutting
residentially zoned property. The maximum number of allowed wall signs on an office building
is three (3).
Street
facing wall
signs
Building facades that face a street or public highway may have up to 2 wall signs. The total sign
area (including the area of any awning or canopy signs) permitted on any street facing facade
shall not exceed 3 sq. ft. per linear foot of horizontal building face. The total sign area (including
the area of any awning or canopy signs) permitted on an entire building (including all facades)
shall not exceed 125 sq. ft. that is not defined as a shopping center. Shopping centers may
exceed 125 square feet in signage, but each tenant shall not exceed 125 sq. ft. in total sign area.
Defined office buildings with three or more businesses may be allowed signage up to 200
square feet; however, all wall signs shall face a street. The maximum number of allowed wall
signs on an office building is three (3).
Clarifying Sight District Triangle
As part of the on-going clarification and modernization efforts of the Zoning Ordinance. Staff is
taking this opportunity to omit a definition in section 12-13-3 of the Zoning Ordinance, “Sign
Distance Triangle”. This term and its contents are not mentioned anywhere in the Zoning
Ordinance. Additionally, CED staff recently introduced the new concept called “sight triangle”
that is associated with the updated fence regulations and omitting “Sight Distance Triangle” from
the Zoning Ordinance will assist with cleaning up the ordinance from unused terms and eliminate
any confusion. Note, there is an extensive amount of regulations to maintain the vision clearance
of intersections including: front yard setbacks, maximum allowable heights of improvements near
intersection and even regulations/standards from the American Association of State Highway and
Transportation Official (AASHTO). The proposed amendment is as follows:
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Amend 12-13-3
SIGHT DISTANCE TRIANGLE: The triangular area formed by a diagonal line connecting two (2)
points located on intersecting right of way lines (or a right of way line and the curb of a driveway),
each point being thirty five feet (35') from the intersection, and the two (2) intersecting right of
way lines (or a right of way line and a driveway).
Standards for Zoning Ordinance Text Amendment:
To analyze this text amendment request, the standards for amendments contained in Section 12-
3-7.E of the Zoning Ordinance are used. Following is a discussion of those standards.
1. Whether the proposed amendment is consistent with the goals, objectives, and policies of
the comprehensive plan, as adopted and amended from time to time by the city council;
The new 2019 Comprehensive Plan generally discusses the modernization of codes to match
emerging land use trends, but still respect existing land uses. The Comprehensive Plan also
specifically discusses updating development standards such as to assist with enhancing the
screening of outside storage (under Promote Industrial Areas). The overarching goal of this
text amendment application is to clarify, enhance and modernize the 21-year-old Zoning
Ordinance. In general, the aforementioned text amendments assist with enhancing business
opportunities while protecting nearby properties from potential hazards, clarify specific code
sections to eliminate code conflicts and update certain sections of the code to match emerging
land use trends.
2. Whether the proposed amendment is compatible with current conditions and the overall
character of existing development;
The proposed text amendments help to modernize the Zoning Ordinance and ensure the
proposed amendments are compatible with the overall character of existing development. The
updates to the Zoning Ordinance include: updating the permitted obstruction table to
accommodate corner side yards and to amend other regulations, amending outside storage to
increase safety and comfort. The various definition additions will assist with enforcing the
Zoning Ordinance and maintain the overall character of existing development.
3. Whether the proposed amendment is appropriate considering the adequacy of public
facilities and services available to this subject property;
All proposed amendments are not anticipated to impact public facilities and available services.
4. Whether the proposed amendment will have an adverse effect on the value of properties
throughout the jurisdiction; and
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All proposed amendments will not have an adverse effect on property values throughout the
City. There are several mechanisms to control any potential impacts such as assigning land
uses as conditional uses, adding screening and buffering requirements as well as providing
detailed definitions to assist with enforcement control of potential hazards.
5. Whether the proposed amendment reflects responsible standards for development and
growth.
The proposed text amendment all work towards responsible standards for development and
growth. Specifically, the Permitted Obstruction Table further clarifies and enhances the
placement of improvements on lots while recognizing the importance of keeping certain
portions of the property free and clear for safety reasons. The Sign Chapter contains
amendments that allows for certain type of signage, but respects the generally approved size,
height, quantity and other limitations as found on other types of signs found in the code.
Additionally, there are several definitions that are getting either added or amended to assist
with enforcement and provide clarity to the proposed text amendments.
Recommendation: The Community and Economic Development Department recommends
approval of the proposed text amendments to the 1998 Des Plaines Zoning Ordinance, as
amended: (i) Section 12-7-1.C, Permitted Obstructions in Required Yards, to add the new corner
side yard, add solar panels to this chart and to amend certain sections; (ii) Section 12-3-11,
Building Design Standards, to clarify certain sections and add an administrative
interpretation/adjustment regulation; (iii) 12-7-4.E-5, Open Storage, to clarify open storage
requirements; (iv) Section 12-3-6, Minor Variations to add two new allowable minor variations;
(v) Sections 12-11-2 through 12-11-6, to update certain regulations in the Sign Chapter including:
prohibited signs, temporary signs, real estate signs, directional signs, residential monument signs,
maximum wall sign area for shopping center, construction related signs, portable A-frame signs,
and marquee signs; and (vi) Section 12-13-3, Definitions, to amend definition for “Sign,
Directional” and “”Sign, Portable” and add definitions for “Sign, Marquee”, “Sign, Portable A-
Frame”, and “Sign, Construction Related” and omitting “Sight Distance Triangle”.
Planning & Zoning Board Procedure: Pursuant to Sections 12-3-7.D.3 of the Zoning Ordinance,
the Planning and Zoning Board may vote to recommend approval, approval with modifications,
or disapproval. The City Council has final authority over the Text Amendments.
A motion was made by Board Member Hofherr, seconded by Board Member Fowler, to recommend
approval of the Text Amendment.
AYES: Hofherr, Fowler, Catalano, Saletnik, & Schell
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
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ADJOURNMENT
The PZB meeting scheduled for May 28, 2019 has been cancelled. The next PZB meeting is scheduled for
June 11, 2019.
A motion was made by Board Member Schell, seconded by Board Member Fowler, to adjourn the
meeting at 7:58 p.m.
AYES: Schell, Fowler, Catalano, Hofherr, & Saletnik
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Sincerely,
Gale Cerabona, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners