Key Initial Points
We Meet ALL Conditional Use Standards
- Off-Premises Commercial Advertising Sign Specific Standards
- (STANDARD MET) No off-premise commercial advertising sign may be located within 100 feet of any residential zoning district or residential structure located in the Ag Zoning District.
- Proposed sign is 180 feet away from any residential zoning district
- (STANDARD MET) When an off-premises commercial advertising sign 100 square feet or larger in size is located within 500 feet of a residential zoning direct or within 500 feet of a residential structure, a conditional use permit is required
- This is the Conditional Use permit proceedings
- (STANDARD MET) Each off-premise commercial advertising sign must be located at least 300 feet from other off-premise advertising signs?
- Proposed sign is 570 feet from the nearest off-premise advertising sign
- (STANDARD MET) Off-premises commercial advertising signs must be located at least five feet from any side lot line and ten feet from a street lot line
- Proposed Sign is 10 feet setback from the side lot line and 18 feet setback from the front lot line
- (STANDARD MET) Off-premises commercial advertising signs are limited to a maximum height of 35 feet as measured from the grade of the roadway?
- Proposed sign is 35 feet to the top as measured from the grade of the roadway
- (STANDARD MET) Off-premises commercial advertising signs are limited to a maximum sign area of 260 feet unless the sign is oriented to an interstate highway with a posted speed limit in excess of 55 miles an hour.
- Proposed sign is 242 square feet
- (STANDARD MET) Off-premises commercial advertising signs are limited two (2) sides placed either back-to-back or in a V-type configuration, provided that the angle between V-type mounted sign faces does not exceed forty-five (45) degrees. If the angle between two (2) sign faces is greater than forty-five (45) degrees, the sign area is computed as the sum of the areas of the two (2) faces.
- Proposed Sign has 2 faces in a V-type configuration with an angle of 30 degrees
- (STANDARD MET) Off-premises commercial advertising signs shall be maintained in sound structural condition and shall comply with all building and electrical codes.
- All of Mixed Media’s existing billboard structures are maintained in sound structural condition and comply with all building and electrical codes and this proposed sign will be no different
- (STANDARD MET) Off-premises commercial advertising signs shall not create obstacles or traffic hazards by distracting or confusing motorists, impairing motorists’ ability to see pedestrians, read other traffic signs, or see other vehicles.
- The Federal Highway Administration has conducted studies showing that Digital Billboards fall well within safety standards [Exhibit F]
- (STANDARD MET) Each message or image displayed on a digital off-premises commercial advertising signs must be static or depicted for a minimum of ten (10) seconds. Animation, streaming video, and images that move or give the appearance of movement are prohibited.
- Images will be in place for 10 seconds and no animation or movement will be on the boards
- (STANDARD MET) A digital off-premises commercial advertising sign must not exceed a maximum illumination of three-tenths (0.3) footcandles above the ambient light level when measured from a distance equal to the square root of the square footage of the sign multiplied by one hundred. (measurement distance = ( sign area) x 100) All digital off-premises commercial advertising signs must have ambient light monitors installed, which automatically adjust the brightness level based on ambient light conditions.
- Based on the square footage of our sign, the requirements state we can not be above 0.3 footcandles above ambient light measured at 1555 feet. The proposed sign is at 0.23 footcandles at its most prominent viewing angle at 100 feet and therefore is SIGNIFICANTLY below the threshold
- (STANDARD MET) In response to complaints, the Zoning Enforcement Officer may require that the owner of a digital off-premises commercial advertising sign submit a certification demonstrating that the sign complies with the maximum illumination standards.
- No complaints have ever been filed against any of our Digital Signs
- (STANDARD MET) All digital off-premises commercial advertising sign must be programmed to automatically revert to a full black screen in the event of a malfunction.
- This is standard with all major manufacturers
- (STANDARD MET) The owner of a digital off-premises commercial advertising sign shall provide the County with space for public service announcements including Amber Alerts, weather related evacuations, or other emergency situations.
- We provide this space to not just the County but also surrounding municipalities
- (STANDARD MET) Your site shall be so situated that the proposed use is compatible with the existing and planned future development of the area.
- Proposed use is compatible with existing I2 zoning, future McHenry County Land Use (Retail) and future Village of Cary Use (Commercial) [Exhibit K] Future Land Use. Staff Review shows that we meet this standard
- (STANDARD MET) That the establishment, maintenance and operation of the conditional use shall not be a detriment to or endanger the public, health, safety, morals, comfort or general welfare of the neighboring vicinity.
- Mixed Media has received zero complaints regarding safety, morals, comfort or general welfare for any of our existing locations. Digital Billboards have been permitted within the County and have never been determined to be a detriment to or endanger the public, health, safety, morals, comfort or general welfare of the neighboring vicinity.
- (STANDARD MET) The conditional use shall not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.
- There will be no effect to surrounding properties. Digital Billboards have been permitted within the County and have never been determined to be injurious to the use and enjoyment of other property
- (STANDARD MET) The conditional use shall not substantially diminish or impair property value within the neighborhood.
- There is no correlation with billboard proximity and impaired property values
- (STANDARD MET) That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.
- (STANDARD MET) That adequate measures have been or will be taken to provide ingress or egress so designed to minimize traffic congestion and hazard on public streets.
- (STANDARD MET) the conditional use shall in all other respects conform to the applicable regulations of the zoning district in which it is located.
- This conforms to all applicable regulations for the I2 zoning district
- (STANDARD MET) The conditional use is reasonably in the interest of the public welfare.
- As a locally based company, the goal of this digital billboard is to provide local businesses an avenue to reach the public and increase their sales. It educates the local public on ways to shop locally within their community. It also gives employers a venue to promote jobs in the community and bring in more employment. In addition to that, space will be donated for community service purposes to the County, nearby municipalities, and charitable organizations
- (STANDARD MET) That adequate measures will be taken to provide protection to groundwater recharge and groundwater quality.
ZBA/VILLAGE OF CARY TIMELINE
11/18/21 – Initial ZBA Hearing. Transcript here: [Exhibit A]. ZBA asks Mixed Media to come to a resolution with the village of Cary regarding the overhanging of their water easement to avoid any potential future litigation. It is decided that the petition be continued to February 17.
12/7/21 – Steve Weber and Dennis Orsinger attend Village board meeting of Cary. Steve Weber addresses the board during public comment to request a sign-off to overhang the village water easement. [Exhibit B]. Sean McHugh (co-owner of Galatis) attends the meeting and speaks in favor of Mixed Media’s request.
12/8/21 – At the request of Jake Rife, the Village Administrator for Cary, Steve Weber submits an official letter to the Village board requesting a sign-off to overhang the village water easement [Exhibit C]
12/14/21 – Cary’s new village hall is officially opened. A digital sign is in operation in front of the new village hall less than 500 feet from nearby homes and angled with viewership toward the residential property.
12/22/21 – Village of Cary responds and denies our request. [Exhibit D]
12/22/21 – Mixed Media Group amends petition to correct the overhanging issue. The proposed sign head was slid back on the column, moving the leading edge of the board 8 feet to the north.
1/13/22 – Continued ZBA Hearing for 2/17/22 is rescheduled to 2/24/22 due to ZBA members being absent.
2/24/22 – Continued/Rescheduled ZBA Hearing – Mark Kownick is there opposing the petition. The ZBA does not vote in favor of our petition – transcript included [Exhibit E]
REBUTTAL TO PUBLIC COMMENT 2/24/22 ZBA HEARING
Mark Kownick stated the following during public comment:
- “I believe the signs that he’s mentioning that are currently in the county are nowhere near the entryways to a significant municipality.”
- That is incorrect. Our Rt 31 Digital Boards are across the street from incorporated Algonquin. The Rt 47 Digital Boards are IN the Village of Lakewood.
- He shared concern about residents looking at the back of a sign yet stated that those same residents will be staring at an asphalt recycling plant and an RV Storage facility.
- “With the addition of a distracting visual digital sign, it’s, I feel it’s in, it’s going to be an additional safety hazard because of all of, the rear end accidents and things that happen along the road.”
- “You know, our corporate boundaries are something that we hold like, and the, yes, the board member had mentioned within our, it is within our 1.5 mile jurisdiction that we have that, for our corporate planning.”
- “We do not allow digital signs within our corporate boundaries.”
- There are currently 16 existing digital signs [Exhibit H], 2 of which would be classified as billboards per Cary’s Ordinance [Exhibit L] due to the fact that they advertise a use that is not on the same parcel. The most recent sign is for the new village municipal center and is directionally oriented towards nearby homes.
- “…if you look at McHenry County as a whole, we do not have any interstates within our county and the signs that this organization is proposing to put up 35 feet in the air, 11 by 22, will mimic what’s on the Tollway or what’s on these other roads.”
- The proposed Digital Billboard is 1/3 of the size of the typical board on a Tollway and 1/5 of the size of the largest boards. It is also 40% smaller than the largest size allowed in McHenry County. [Exhibit I]
- “We’re looking for beautification because we’re trying to have economic development and growth. Certainly, economic development and growth is very important to our community, as it is to the county.”
- The whole purpose of our proposed Digital Billboard is to help increase sales for local businesses and help local employers find employees. This is the very essence of Economic development and growth. In addition to the economic benefit for local businesses, the proposed sign would help the city as well. The village doesn’t realize that our current signs are directly contributing to sales tax revenue and gaming tax revenue that goes directly to the city.
- I’m in contact with, my affiliations, no one allows these types of signs within their corporate boundaries.
- This is incorrect as we placed a sign just like this within the corporate boundaries of Lakewood. That is also why this proposed Digital Billboard location is in unincorporated McHenry County where this type of sign IS permitted and has precedence for being approved and viewed favorably.
EXHIBITS
