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O-44-09 06-08-2009VILLAGE OF LEMONY ORDINANCE NO. -- ~ • O j ORDINANCE APPROVING A SPECIAL USE AND RELATED VARIATIONS FOR AN ELECTRONIC MESSAGE CENTER LOCATED AT 16028 W. 127TH STREET IN LEMONY, IL (Lemont Park District LED Sign) ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY THIS 8th DAY OF June, 2009 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 8"' day of June, 2009. ORDINANCE NO. ~---~-1~~ ORDINANCE APPROVING A SPECIAL USE AND RELATED VARIATIONS FOR AN ELECTRONIC MESSAGE CENTER LOCATED AT 16028 W. 127TH STREET IN LEMONY, IL (Lemont Park District LED Sign) WHEREAS, the Lemont Park District, hereinafter referred to as the "Petitioner," is the owner of the subject property covering approximately 17.48 acres located at 16028 W. 127th Street (PIN# 22-31-201-007); and WHEREAS, the applicant is seeking a special use for an electronic message center and variations to §XV-E-7-e and XV-E-7-f of the Lemont Zoning Ordinance, to allow an electronic message center to be placed within 5,000 feet of another electronic message center and within 500 feet of a residential lot; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois conducted a public hearing on April 15, 2009 for approval of the special use and variations; and WHEREAS, a notice of the aforesaid public hearing was made in the manner provided by law and was published in the Southtown Star, a newspaper of general circulation within the Village; and WHEREAS, the President and Board of Trustees of the Village has reviewed the matter herein and has determined that the same is in the best interest of the Village of Lemont, and herein adopts the finding of facts as set forth in Exhibit "A". NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY, COUNTIES OF COOK, DUPAGE, AND WILL, ILLINOIS:. SECTION 1: Special Use & Variation. A special use and variations to §XV-E-7-e and XV-E-7-f of the Lemont Zoning Ordinance is granted, to allow an electronic message center to be placed at 16028 W. 127th Street. SECTION 2: Conditions of Approval. The above special use and variations shall be approved subject to the following conditions: 1. The electronic message center shall be constructed in conformance with the plan prepared by Aurora Sign Co. and dated March 12, 2008, attached herein as "Exhibit B"; and 2. The electronic message center shall be located so as not to cause a visual hazard to pedestrians or vehicles, including pedestrians or others using the existing bike path; and 3. The special use and variations granted by this ordinance shall be null and void and of no force and effect whatsoever unless an application for a sign permit pursuant to such special use and variations is made within one year of the effective date of this Ordinance. SECTION 3: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this 8"'day of June, 2009. AYES NAYS ABSENT ABSTAIN Debby Blatzer v Paul Chialdikas ~ Clifford Miklos ~/ Ron Stapleton ~ Rick Sniegowski ~ Jeanette Virgilio / by me this 8th ~ of June, 2009 K. Village President Attest: HARLENE M. SMOLLEN, Village Clerk EXHIBIT A Findings of Fact 1. The special use will not cause substantial injury to the value of other property in the area because the proposed sign is located along a major thoroughfare and most nearby properties are commercial or institutional uses. 2. The special use is proposed to be operated that the public health, safety, and welfare will be protected because the operation of the sign will comply with the pre-established guidelines of the Unified Development Ordinance. 3. The special use is to be designed and located such that the public health, safety, and welfare will be protected because the proposed sign is set back approximately 50 feet from the property line and will not create a visual hazard. 4. The special use is consistent with standards enumerated in the Zoning Ordinance for electronic message centers, except as approved by variation. 5. The variations are in harmony with the general purpose and intent of the Zoning Ordinance because they will not result in negative impacts to the aesthetics or value of land throughout the Village. 6. The location of the subject site in relation to pre-existing electronic message centers is beyond the petitioner's control and is therefore a unique circumstance warranting a variation. 7. The residential lots near the subject site that necessitate the variation to section XV.E.7.f of the Lemont Zoning Ordinance are actually institutional in nature. This is a unique circumstance which warrants a variation. U _ ___ _.__ - __ r _ ,~~ ~ ~ z .. ~ I I i~ a I .~ ] ~~ z o N I ~ O~ AAAAAA ~ ~ E O I '~ 4', ~,j i Jt z a ~~ ~ ~' o f NS J - '.. F i, ~2 ~ .._. .._ _._ `. _..- ~~ ~ ~I ~~ ~ N Q W m ~` Y Z ~_ ~ T ~~ i 3 i< ~y ~~ f I, .. ______._ LL_-_-.___-__._____J c OF a 0 x ~ "t ".. 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