patching...
Update: Have you liked us on Facebook yet? »
Welcome back, Patch Blogger!

Letter: Church Sign Request Reveals Significant Flaws in City’s Interpretation of Zoning Code

Complete failure to respect zoning codes indicates a high level of rubber stamping has been going on in Elmhurst for years.

 

The recent application by Redeemer Lutheran Church for a digital reader-board sign to be placed on its adjacent property, bounded by St. Charles, Kenilworth and Arlington, in front of the Redeemer Center, has generated significant opposition from neighbors. I will leave it to others to comment on how the church leadership has addressed the neighbors.

The purpose of this letter is to point out some glaring inconsistencies in how the city has mistakenly interpreted its own zoning code, and even more importantly, how the residents of the entire city have been let down by city staff, the members of the Zoning and Planning Commission, and their predecessors.

A quick check of the Zoning code shows that the only type of informational sign allowed in a residentially zoned neighborhood is defined as a “bulletin board sign.” The definition of the bulletin board sign within the code is also clear and concise:

Bulletin Board Sign (Permanent):

A sign that identifies an institution or organization on whose premises it is located and that contains only the name of the institution or organization, the name or names of persons connected with it, and greetings, announcements of events, or activities occurring at the institution, or similar messages.

Nowhere in the definition of bulletin board sign does the code allow for an electronic, changing copy, digital reader-board or “electronic message center.” Indeed the code has provisions and definitions for these types of signs. They are “Changing Sign (Automatic),” which are allowed in other zoning applications—i.e. commercially zoned areas. Changing signs are not permitted in residentially zoned areas because the intent was clearly not to allow them at all.

Starting with the Park District application for a digital sign at York and Cayuga in 2000 under a conditional use permit, and continuing through the most recent approval for Visitation School in October 2011, there have been a total of six locations approved that are in residentially zoned areas. The interesting fact is that the applicants, in most cases, hybridized (or bastardized) the language in the application by writing that the approval was for a bulletin board sign/LED message center under a conditional use. By attaching the additional language—LED message center or other variations—the applicant misconstrued what was proper and what was not.

Virtually none of these applications should have been for conditional uses. They should have been applications for variances—a much more stringent process. To confuse matters further, several of the applications do request variances for height, which is confined to 5 feet overall in residentially zoned areas.

As an additional failure by city staff and the Zoning Commission and all involved in the review process, at least one of the applications is so sophomoric as to make the city look like a collection of fools.

One application question asks: “Provide a detailed Project Impact Statement which addresses the impact of the Conditional Use on the neighboring land and the community, and the public need for the particular use on the subject property.” The applicant responds with a handwritten statement: “The sign should have no particular impact on the neighborhood.”

Folks, I don’t know about you, but that doesn’t sound like a detailed project impact statement to me, and yet all of the various parts of city staff and the zoning process approved this, and a digital reader board was approved.

This opposition to the sign at St Charles and Kenilworth is not about denying a church its rights. It is about asking the city to acknowledge and correct its mistakes of the past and to adhere to the zoning laws as they exist. It is about holding paid staff and officials accountable—to know the codes, to know the laws, and to require a standard of care and diligence that we are entitled to as tax-paying citizens.

The city has made a mistake six times in the last 12 years with respect to this issue. There are more than 35 additional locations in residentially zoned neighborhoods in the city of Elmhurst that could ask for these same signs if the city continues to ignore its own rules. This is an embarrassment.

This is a difficult letter for me to write as I count a number of the officials and predecessors that I am being critical of as friends and as professionals whose skills I respect. Unfortunately, the complete failure to respect the zoning codes for this particular issue leads me to consider that there is shoddy review and interpretation going into many of the other critical issues the city faces.

This does not bode well for the taxpayers. If the council and their various committees are reliant on the opinions and expertise given by staff and by commissioners, then minimally, those same bodies must do some serious introspection as to the level of rubber stamping that appears to have been going on for a number of years.

From May 2009 through December 2011, a good deal of my job has been to oversee construction and obtain sign permits in conjunction with the re-imaging of just over 400 automotive service facilities around the country, from San Diego to South Burlington, Vt., to Kileen, Texas. I have been in front of numerous review boards, commissions, committees, councils and paid staff. I have not seen anywhere such a breakdown in code interpretation and lack of attention to the filings by a city as I have seen here.

—Craig M. Nelson, Elmhurst

Related Topics: Digital Sign, Elmhurst Zoning Code, Elmhurst Zoning and Planning Commission, and Redeemer Lutheran

bill trudeau

3:59 pm on Friday, July 27, 2012

From the Elmhurst zoning code, the definition of an automatic sign is as follows:

"Changing Sign (Automatic).

A sign such as an electronic or electronically controlled public service time,
temperature and date sign, message center or reader board, where different copy
changes are shown at 5 second intervals or more. Such signs shall display amber
text only on a black background without scrolling, flashing, or other movements
between text messages."

How then did SBT Bank on Spring Road get the full color fully animated sign to fly?

Reply

Doug Manning

4:47 pm on Saturday, July 28, 2012

Mr. Nelson raises a very valid point about the way Elmhurst's zoning laws are enforced (or not). The code is clearly written. Changing electronic signs are not permitted in residential areas. Let's follow the law so that we can preserve our residential neighborhoods in Elmhurst, and respectfully tell Redeemer that they would need to file for a variance if they want a sign of this type. Changing electronic signs have no business in our residential neighborhoods.

Reply

Nathan Ries

10:32 pm on Saturday, July 28, 2012

It doesn't get much clearer as far as the code is written. The proposed electronic sign is not allowed and would surely lower surrounding property values. 6 'wrongs' approving other similar signs in residential areas do not make a 'right' in this case. At the committee meeting I attended a few weeks back regarding the issue, a city official made a side note that gave credit for our current code book, in part, to those used in Hinsdale and Northbrook. Well, I can certainly tell you that our neighbors to the south in Hinsdale are not approving these obnoxious signs in residential neighborhoods. Let's keep our residential areas sacred, as is the intent of the people who wrote our code, whoever they may actually be...

Reply

Paul Martino

6:33 am on Sunday, July 29, 2012

Craig Nelson's letter is spot on. We should be mindful of the beauty of Elmhurst as a community and not permit violations of the current code to detract from our neighborhoods. An exception here, an exception there, and nobody is happy with the result. Let's stop now before its too late

Reply

Bill Angel

10:06 am on Sunday, July 29, 2012

Where was Scott Levin when he voted in favor of a new electroninc sign @ St. Charles and Spring Road zoned residential ?
Not one, not two, but three new electronic signs on south York Road. Visitation, Elmhurst Park District, Elmhurst fire Station II.
As far as "code" this administration threw that book out the window years ago.
Just stating a fact. LEGAL PRECEDENT.
Are you suggesting that all the new electric signs are up illegally in residential neighborhoods? Personally, I think they look cheap and cheezy.

Reply
Comment_arrow

Craig nelson

8:26 pm on Sunday, July 29, 2012

Bill, let me try to respond to your comments.
There are 6 digital readerboard signs that are in "R" or Residentially Zoned areas. They are, York Commons Park, Elmhurst Fire Dept (South), York HS., Timothy Christian School, Visitation School, and the Church at Spring & St Charles. These are the signs that I believe are not allowed under the current zoning code. These signs were all approved under a conditional use. I-- and many others that have reviewed, believe that the City made a mistake in approving these under a conditional use, because the only type of informational sign allowed in R zoning is a bulletin board sign. In each of the 6 locations previously approved, the process should have been to apply for a Variance to the code.

Because the 6 are already up-- they would be considered a grandfathered non-conforming use (someone else would have to determine whether they are "legal" or "illiegal" non conforming uses). This does not set a legal precedent. In fact, it does the opposite-- it says that the city got it wrong 6 times in 12 years and no one was there to call them out on it. It says that paid City staff did not adequately frame the process correctly, or vet the permits as they should have, & there were continued breakdowns from Staff, to Commissioners, to Committee, to Council. This time is their chance to get it right .

The rest of the signs that you refer to-- such as the Bank are in areas that are zoned commericial and are irrelevant to this discussion.

Bill Angel

9:14 am on Monday, July 30, 2012

Mr. Nelson, you may be on to something. Are you suggesting the City was afforded less than straightforward legal advice via the "conditional use" process? From staff on up to, and including Mayor DiCianni? And, all prior administrations back 12 or so years. Whats the legal definition of a readerboard vs a bulletin sign? I think I read both, both can have lights too.

There is a reason none of these signs are permitted to the towns south in DuPage county and unheard of along the north shore. We both know the reason.
Did you know Elmhurst does not permit billboard signs along the Tollway/290 along the eastern tip of Elmhurst? Go figure. OK in "tony" neighborhoods, but none along a stretch of highway.

Reply

Jim Hauser

10:23 am on Monday, July 30, 2012

I completely agree with Mr. Nelson's and Mr. Manning's comments. There definitely seem to be inconsistencies with allowing other reader board signs, versus the clearly defined city code. Past mistakes in enforcement of the code do not justify continuing to allow reader boards in residential zoned neighborhoods. While I do not appreciate the appearance of such gaudy signs in my neighborhood, I am also concerned about the safety impact, which no one seems to be addressing. Such a sign will clearly cause a distraction to drivers along this busy stretch of road, right in a residential neighborhood where kids, bike riders, and pedestrians are out in abundance. Is it really a good idea to allow a sign that could lead to someone getting hit by a car whose driver was distracted by this sign? Seems like a VERY bad idea!

Reply

Doug Manning

8:33 pm on Monday, July 30, 2012

Another intesting point is that the planned installer of the Redeemer sign does not even call the sign a bulletin board sign on their website...they call it an "electronic message center." And the sign's manufacturer doesn't call it a bulletin board sign either. According to Watchfire they are called by many names -- "electronic message centers," "digital displays," and "electronic signs" -- but they don't mention bulletin boards.

And LED signs weren't even around when the city code describing bulletin board signs was even written -- so it clearly could not have been the intent of the language. Call them what they are!

Reply

Leave a comment