ORDINANCE NO. MC-3-2021

AN ORDINANCE AMENDING CHAPTER 15.60 OF THE WINNETKA VILLAGE CODE CONCERNING EXTERNALLY-ILLUMINATED SIGNS

   WHEREAS, the Village of Winnetka is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970 and has the authority to exercise any power and perform any function pertaining to its government and affairs; and

   WHEREAS, Chapter 15.60 of the Winnetka Village Code, as amended (“Village Code”), regulates the erection, enlargement, expansion, alteration, operation, maintenance, relocation, and removal of all signs within the Village that are visible from any street, sidewalk, or public or private common space; and

   WHEREAS, Section 15.60.050 of the Village Code defines the term “externally- illuminated sign” to mean a sign that is illuminated by directing a source of artificial light at the face of the sign (“Externally-Illuminated Sign”); and

   WHEREAS, “backlit illumination”, also known as “halo illumination”, is a type of sign illumination in which signs fabricated from opaque materials are illuminated from within with light projected back onto the support surface to create a halo effect around the sign copy (“Backlit Illumination”); and

   WHEREAS, on December 17, 2020 and February 18, 2021, the Design Review Board of the Village considered amendments to Village Code to clarify that signs illuminated by Backlit Illumination constitute Externally-Illuminated Signs (“Recommended Proposed Amendments”), and voted on February 18, 2021 to recommend that the Village Council adopt the Recommended Proposed Amendments; and

   WHEREAS, at the December on December 17, 2020 and February 18, 2021, the Design Review Board also considered proposed amendments to the Village Code to allow neon or other types of neon-like exposed bulb signs displayed in a window intended to identify that a business is open for operation. (“Non-Recommended Amendments”), but voted to recommend that that the Village Council not adopt the Non-Recommended Amendments; and

   WHEREAS, the Village Council has determined that adoption of the Proposed Amendments as set forth in this Ordinance is in the best interests of the Village;

   NOW, THEREFORE, the Council of the Village of Winnetka does ordain as follows:

   SECTION 1:   RECITALS. The foregoing recitals are hereby incorporated into this Section as the findings of the Village Council, as if fully set forth herein.

   SECTION 2:   AMENDMENTS TO SECTION 15.60.050 OF THE VILLAGE CODE. Section 15.60.050, titled “Definitions,” of Chapter 15.60, titled “Signs,” of the Village Code shall be amended to read as follows:

   “Section 15.60.050 Definitions.

   A.   Terms Defined in Other Ordinances and Codes. Terms used in this chapter, but not otherwise defined, shall have meanings ascribed to them in the Zoning Ordinance, Building Code or this code.

   B.   Definitions. For the purposes of this chapter, certain words and phrases are defined as follows:

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“Backlit illumination” means a method of illumination by which the sign is illuminated from within and the light is projected back onto the support surface to create a halo effect around the sign copy. Such signs are usually fabricated from opaque materials which do not allow light to filter through the face or sides of the sign, and thus only illuminate the wall the sign is affixed to. “Backlit illumination” also is commonly referred to or known as “halo” illumination.

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“Externally-illuminated sign” means a sign that is illuminated by directing a source of artificial light at the face of the sign or that is illuminated by backlit illumination.”

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   SECTION 3:   SEVERABILITY. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law.

   SECTION 4:   EFFECTIVE DATE. This Ordinance will be in full force and effect upon its passage and approval in the manner provided by law.

PASSED this 4th day of May 2021, pursuant to the following roll call vote:

AYES:      Trustees Apatoff, Dearborn, Coladarci, Cripe, Lanphier, and Swierk    

NAYS:   None                               

ABSENT:   None                               

APPROVED this 4th day of May 2021.

                           Signed:

                           s/Chris Rintz                

                           Village President

Countersigned:

s/Robert M. Bahan            

Village Clerk

      Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this 6th day of May 2021.

Introduced: April 20, 2021

Passed and Approved: May 4, 2021