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Zoning Board of Appeals Packet 2011 08-03-11 United City of Yorkville 800 Game Farm Road EST. --1 ` 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-4350 � 0 Fax: 630-553-7575 <CE ZONING BOARD OF APPEALS AGENDA Wednesday, August 3, 2011 7:00 P.M. Yorkville Public Library 902 Game Farm Road Meeting called to order: Roll Call: Previous Meeting Minutes (Corrections/Approval): July 7, 2010 Public Hearing: ZBA 2011-01 Kathleen Herron, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting variations to (a) Section 8- 11-9-A-1 to permit the construction of an advertising sign in the business district with dimensions of 6 feet 6 inches by 6 feet 6 inches on each side to a height not to exceed 13 feet 6 inches from ground level; (b) Section 8-11-9-B to allow a temporary sign, not to exceed the permitted dimensions throughout the entire period of the reconstruction of U.S. Route 34 (Veteran's Parkway) following the removal of the current sign by the Illinois Department of Transportation; and (c) Section 10-7- D-4-E-1 to vary the requirements regarding parking lot setback in the B-3 Service Business District from 20 feet from property line to 0 feet from property line. The real property consists of approximately 0.24 acres, and is located immediately north of Route 34, and just east of Route 47 (Bridge Street), Yorkville, Illinois. Additional Business Adjournment DRAFT UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS Wednesday, July 7, 2010, 7pm City Hall Council Chambers Board Members in Attendance Jeff Baker, Chairman Mike Skinner Charlie Walker Don Hirsch Chris Funkhouser Absent: Corey Johnson, Ryan Woods Other City Officials In Attendance Krysti Barksdale-Noble Other Guests Erick Jenkins, WFl/US Cellular G. M. Sadat, RE, Concordia Paul Sestak, CMP Properties Meeting Called to Order Chairman Jeff Baker called the meeting to order at 7:OOpm. Roll Call Krysti Barksdale-Noble was introduced and welcomed to the meeting. Roll call was then taken and a quorum was established Previous Meeting Minutes April 7, 2010 A motion was made by Skinner and seconded by Walker to approve the minutes as read. Unanimously approved on voice vote. Public Hearing 1. ZBA 2010-02 US Cellular, Petitioner, filed an application requesting a variance to City Code, Title 10, Chapter 15, Section 5, to permit for height exceeding the legal cell tower conforming height of 100 feet. The real property consists of approximately 1.89 acres, located immediately north of Route 34 and immediately east of Eldamain Road. Funkhouser moved and Hirsch seconded to enter into Public Hearing. Voice vote approval. Chairman Baker then swore in those who would speak. Erick Jenkins of US Cellular said US Cellular wants to build a cell tower with a height variance of 94 feet at 1947 US Hwy. 34. They also wish to make the tower marketable to 1 other carriers. He stated there is a coverage gap between the towers existing at this time on Rt. 47 and Main St. in Plano. Paul Sestak said he is one of the owners of a parcel east of the location. He said is concerned since the proposed tower is 2 times the allowable height. He hopes that this location will be retail in the future and is concerned that the tower would be a very tall structure in a retail area. Board member Skinner questioned if land east of the tower would be secured in the event the tower fell and if the area was residential. Mr. Jenkins said there is a 500-foot setback requirement and Ms. Barksdale-Noble confirmed the distance from each nearby street. The tower would also be designed to break away at certain points and it was noted that the structure laws are very strict. Mr. Walker asked if other businesses had been notified regarding the tower. Ms. Barksdale-Noble said property owners within 500 feet were notified and a notice was also placed in the Kendall County Record. The Hearing was then closed at 7:20pm on a motion by Skinner and second by Funkhouser. Voice vote approval. Some Board members expressed concern over possible future development in this area and the placement of the tower. However, it was also noted that more phone coverage in this area is desired This matter will go before Plan Commission on July 14tH The Board then reviewed the Standards for Granting a Variance. A motion was made by Skinner and seconded by Hirsch to approve ZBA 2010-02 to grant a variance for the conforming height of 100 feet to 194 feet. Roll call vote: Walker-yes, Skinner-yes, Hirsch-yes, Funkhouser-yes, Baker-yes. Passed unanimously. Additional Business Mr. Skinner noted that he had been appointed to the committee to review the Yorkville Building Codes and he encouraged any suggestions from Board members. He noted the issue of residential sprinklers and the related insurance costs. The first meeting will be held July 19tH There was no further business and the meeting was adjourned on a motion by Hirsch and second by Funkhouser. Meeting adjourned at 7:35pm Minutes respectfully submitted by Marlys Young 2 Memorandum J g To: Zoning Board of Appeals EST. -� !a7� �s36 From: Krysti J. Barksdale-Noble, Community Development Director --�- CC: Bart Olson, City Administrator Date: July 28, 2011 Subject: ZBA 2011-01 <LE kV 9675 Route 34 (Herron Property) Signage & Parking Lot Setback Variance Request in the B-2 District ZBA PUBLIC HEARING: The City has received an application for variances from the City's Zoning Ordinance and Sign Code. A public hearing has been scheduled before the Zoning Board of Appeals to be held on Wednesday, August 3,2011, at 7:00 pm at the Yorkville Public Library Meeting Room(902 Game Farm Road). BACKGROUND &REQUEST: The applicant, Kathleen Herron, owns the commercial retail strip property located at 9675 Route 34 which currently rents tenant space to Katydidit Flowers, Kendall Printing and Ugly's Hot Dogs (see attached. The approximately 12,000-sq. foot property is zoned B-3 Service Business District, which requires a minimum 20-foot parking lot setback from the property line when adjacent to an arterial roadway such as Route 34. Due to the pending widening and reconstruction of Route 47 at the intersection of Route 34 less than 500 feet west of the subject property, the Illinois Department of Transportation (IDOT) is in the process of acquiring a portion of the property's frontage through eminent domain for additional State right- of-way. As a result of this condemnation action, the property will no longer conform to the required parking lot setback. Therefore,the applicant is seeking relief from Section 10-7-D-4-E-1 of the Zoning Ordinance to reduce the required parking lot setback along Route 34 from twenty (20) feet to zero (0)feet. Also as part of the road widening and reconstruction project, the existing monopole ground sign will be removed. The applicant is requesting relief from Section 8-11-9-A-1 of the Sign Code to install a new permanent ground sign which exceeds the maximum permitted sign area of 32 square feet and overall height of eight (8) feet. The proposed new double-faced illuminated ground sign will have a sign area of approximately 40 square feet with an overall height of 13'-6". The brick and stone-capped base material is designed to match the existing building fagade material as required by the Sign Code. Finally, the applicant is seeking approval to install a temporary sign, no larger in area and height than the proposed new permanent sign, during the period in which the reconstruction project is on-going. After completion of the road project, the temporary sign will be removed and the permanent sign installed. EXISTING CONDITIONS: The existing monopole sign does not conform to the recently adopted Sign Code criteria with regards to size,height or materials. In 2010, the City Council granted a variance (Ord. 2010-26) allowing those existing ground signs located along Rte. 47 and Rte. 34 to remain if they were in substantial conformance with the current Sign Code criteria or would not be removed/relocated as a result of the Route 47 widening and reconstruction project. The subject property's sign was not included as part of that variance. The Route 47 widening and reconstruction project will acquire approximately 1,120 sq. feet of land along the frontage of the subject property. The applicant's new front property line and parking lot will be immediately adjacent to the proposed new Route 34 right-of-way. Route 34 is a major arterial roadway which has a posted maximum speed limit of 40 miles per hour (mph) in this area and an average annual daily traffic volume (ADT) of approximately 123,000 vehicles'. STANDARDS FOR GRANTING A VARIANCE: The Zoning Board of Appeals must base its decision to vary, or recommend varying, any regulation of the Zoning Ordinance upon the following standards(Section 10-14-5C): 1. Because the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result,as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally,to other property within the same zoning classification. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. SIGN VARIATIONS(SECTION 8-11-13): In addition to the procedures and standards listed in Section 10-15-5 of the Zoning Code regarding variations from the requirements, the Zoning Board of Appeals shall also consider the following factors related to sign variance requests: 1. If the sign was erected legally with a sign permit. 2. If there are any unique physical characteristics of the property. 3. If there are limited available locations for signage on the property. 4. The cost to the applicant of complying with the sign ordinance requirements. 5. If the sign is on or faces a street with a forty(40)mile per hour or higher speed limit. 6. If the sign is on a street with twenty thousand(20,000) or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8. If it is a wall sign facing a public right-of-way without a public entrance. ' Source:2009 Illinois Department of Transportation(IDOT)Statistical maps htW://www.dot.il.;zov/trafficmMs/table.htm ZBA ACTION: Upon closing the hearing, staff requests that the Zoning Board of Appeals make its findings for variance based upon each of the standards listed above and evidence provided by the testimony given and the application. The purpose of the standards is to help guide you in making your decision. Municipal Code 10-14-5 (D) outlines occasions when the Zoning Board of Appeals may make a final determination. However, Sign Code variances are not covered by this Section. Therefore, the ZBA will be making a final determination regarding the parking lot setback reduction request and a recommendation to the City Council regarding the he sign variance request. After making your findings, a recommendation regarding the sign variance request will then be forwarded to the City Council. Your recommendation for either of the requests may be to approve the requested variance(s), recommend approval of the requested variance(s) with condition(s) or recommend denial of the requested variance(s). U 15 United City of Yorkville D 39 800 Game Farm Road JUN 2 4 2011 Yorkville Illinois 60560 � COMMUNITY DEVELOPMENT Telenhone: 630-553-4350 DEPARTMENT CFax: 630-553-3436 ZBA# APPLICATION VARIANCE REQUEST Date of Submission: _� - Z �-f . �A f 1. Name of Petitioner(s): Kathleen Herron Address: 7350 Tamiami Trail, Suite 207, Sarasota, Florida 34231 Phone Number: 941-350-8653 Fax Number: 941-488-5856 Email Address: kathleenherron @comcast.net 2. Name of holder of legal title, if different from#1: LK HERRON, LLC If legal title is held in a land trust, list the names of all holders of any beneficial interest therein: n/a 4. a. Street address and physical location of subject property: 9675 Route 34, Yorkville, Illinois b. Proposed name of subdivision (if any): n/a c. .Legal description of property for which zoning variance is sought: See attached Exhibit "A" (If more space is needed, attach as "Exhibit A".) d. Kendall County Parcel Number(s) of property for which variance is sought: 02-28-176-005 United City of Yorkville Variance Request Application Revised- INN 40 5. Names and addresses of any adjoining or contiguous landowners and property owners within 500 feet of subject parcel for which variance is requested entitled to notice of petition under any applicable City ordinance or State Statute: (Attach a separate list as"Exhibit 13".) See attached Exhibit "B" 6. State the variance requested and the City ordinance including the section numbers to be varied: G e Q..lac1, ,7 Lxi— k... 11r,11 IJL 411Gl,L L1111l1L 7. Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Thomas W. Grant, Attorney at Law Address: 200 Hillcrest Avenue, PO Box 326, Yorkville, IL 60560 Phone Number: 630-553--0088 Fax Number: 630-553-0299 Email Address: twgrantlaw @sbcglobal.net 8. Submit application with a filing fee in the amount of$85.00. Note: Owner/Developer will be responsible for payment of$500 deposit for consultants (i.e. legal review, land planner, zoning coordinator, environmental, etc.). In addition, owner/developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing. Should owner/developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit 35 copies of each of the application, proposed drawings, location map, site plan, and any other pertinent materials, and one CD containing electronic copies(pdf) of each of the application (complete with exhibits), drawings, map, and site plan to the Community Development Department. Large items must be folded to fit in a 10"x 13"envelope. United City of Yorkville Variance Request Application Revised: 1.2,).N 41 In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct: Petitioner(s) or legal property owner's signature must appear on thi ica Kath en - moron a --HERRON, LLC By- . Gr t, Attorney in Fact Subscribed and sworn before me this day of i�c�z ,24)c ad// ry Public — 'OFFICIAL SEAL, PATRICIA ANN BENES11 NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 1111121" Notary Stamp THIS APPLICATION MUST BE NOTARIZED. United City orYorkvdle Variance Request App[Lcatton Revised I {1q LEGAL DESCRIPTION PARCEL ONE: That part of the North West 114 of Section 28, Township 37 North,Range 7 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the East right of way line of Illinois Route 47 with the center line of U.S. Route 34; thence South 83°46'47"East along the center line of U.S. Route 34, 378.21 feet for the point of beginning;thence North 4° 52' 00" East,parallel with the East right of way line of Illinois Route 47, 6I.08 feet; thence North 51 13'00"East parallel with said East right of way line, 188.92 feet;thence South 83°46'47"East parallel with the center line of U.S.Route 34, 60 feet;thence South 5° 13'00" West parallel with the East right of way Iine of Illinois Route 47, 188.93 feet; thence South 4° 52'00"West 61.07 feet to the center line of U.S. Route 34;thence North 83°46' 47" West along said center line, 60 feet to the point of beginning; (excepting therefrom that part of above described premises conveyed to the State of Illinois by a Deed recorded July 29, 1974 as document 74- 3609) in the Township of Bristol,Kendall County,Illinois. PARCEL TWO: Easement for the benefit of Parcel One as created by Deed from Bob D. Thomas and Gloria M. Thomas, his wife,to Willard E. Harthan dated March 8, 1976 and recorded March 10, 1976 as Document 76-1031 for ingress and egress over that part of the following described lands the Northerly boundary of said Easement being approximately 66 feet North of the curbline of U.S.Route 34: TRACT A: That part of the North West 114 of Section 28,Township 37 North,Range 7 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the East right of way line of Illinois Route 47 and the center line of U.S. Route 34;thence Easterly along the center line of U.S. Route 34 a distance of 282.2 i feet to the point of beginning; thence continuing Easterly along said center line 96 feet; thence Northerly parallel with the East right of way line of Illinois Route 47 a distance of 250 feet; thence Westerly parallel with the center line of U.S.Route 34 a distance of 96 feet;thence Southerly parallel with the East Right of way line of Illinois Route 47 a distance of 250 feet to the point of beginning; in the Township of Bristol,Kendall County,Illinois,the entrance located on the said premises being approximately 37 feet in width,the Easterly point being approximately 53 feet Westerly from the Easterly property line of said lands; and TRACT B: That part of the North West 114 of Section 28, Township 37 North,Range 7 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the East right of way line of Illinois Route 47 with the center line of U.S.Route 34;thence South 83°46'47" East along the center line of U.S. Route 34,438.21 feet to the Southeasterly corner of property owned by Bob D. Thomas and Gloria Thomas, as described in Trustee Deed from the Old Second National Bank of Aurora and recorded as Document 72-3776 in the Recorders Office of Kendall County,Illinois, for the point of beginning; thence North 4° 52' 00" East along the Easterly line of said Thomas property, 61.07 feet;thence North 5° 13'00"East along said Easterly line, 188.93 feet to the Northeasterly corner of said Thomas property; thence South 83°46'47" East parallel with the center line of U.S.Route 34,being along the extension Easterly of the Northerly line of the aforesaid Thomas property 100.0 feet; thence South 5° 07'52" West, 250.0 feet to a point on the center line of U.S. Route 34 which is South 83°46"47"East from the point of beginning;thence North 83°46'47" West along said center line, 100.0 feet to the point of beginning, in the Township of Bristol,Kendall County,Illinois;the entrance located on said premises being approximately 37 feet in width the Easterly point being approximately 29 feet Westerly from the Easterly line of said land. 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(iii) Permit a Temporary Sign, not to exceed the dimensions set forth in Subparagraph (a) above, throughout the entire period of the reconstruction of US Route 34 (Veteran's Parkway) following the removal of the current sign by the Illinois Department of Transportation(Code Section 8-11-9-13). (iv) See Exhibit "D" for illustrative diagram of proposed sign setting forth dimensions. PARKING LOT (i) Reduce required setback for parking surface adjacent to Route 34 (Veteran's Parkway) from the required 20' to 0' (Code Section 10-7-D-4-E-1). SUMMARY OF APPLICATION This Application for Variance Request is filed as a result of the proposed reconstruction and expansion of U.S. Route 34 (Veteran's Parkway), by the Illinois Department of Transportation. The Illinois Department of Transportation is acquiring, by eminent domain, a portion of the Petitioner's property which will result in: A) The removal and relocation of the Applicant's advertising sign and B) The relocation of the Right-of-Way into the current parking lot servicing the business/commercial uses on the property. 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III 3NNmo�wmvm N3 I �� WpmM-Pm °�mrI 1,00'OOZf 860'bOt+061 LI z z - ' -— � A - _ 1 � II III I III m III rE east ----------- III p III s333 w II J II LJ -J--w II III �Irnl III _- o _ � I III II III � IM1 IMw�11 III II ¢III - � I III II PEIII JI I+ III - _ III II glll _ k III II t w - w,ut Iygvo III II III 1 III _ - - r---------- � 1p III II II-- - z3 0II II .III �JIII 11 I II® A� x -z�q b£'ON 133HS 33S 'ON A009310N ltlld 31tl0 A9 'M'O'N Sterling Codifiers, Inc. Page 1 of 4 ARTICLE D. B-3 SERVICE BUSINESS DISTRICT 10-7D-1 : PERMITTED USES: All uses permitted in the B-2 district. Agricultural implement sales and service. Appliance - service only. Automotive sales and service. Boat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. Electrical equipment sales. Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Miniature golf. Motorcycle sales and service. Nursery. Orchard. Park - commercial recreation. http://www.sterlingcodifiers.com/codebook/printnow.php 7/21/2011 Sterling Codifiers, Inc. Page 2 of 4 Plumbing supplies and fixture sales. Pump sales. Recreational vehicle sales and service. Skating rink. Sports arena. Taxicab garage. Tennis court - indoor. Trailer rental. Truck rental. Truck sales and service. Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986; Ord. 1988-7, 4- 14-1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21, 6-25-1998; Ord. 2005-58, 7-12-2005) 10-7D-2: SPECIAL USES: A. Allowed: All special uses permitted in the B-2 district. Amusement park. Boat launching ramp. Boat rental and storage. Daycare centers. Stadium. http://www.sterlingcodifiers.com/codebook/printnow.php 7/21/2011 Sterling Codifiers, Inc. Page 3 of 4 B. Prohibited: Off track betting (OTB) facility. (Ord. 2010-58, 12-14-2010) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9- 1986) 10-7D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-3 district of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 zoning district within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required. 2. The zoning board of appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-3 district if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986 -1, 1-9-1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 one-family residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1, 2-12-1987) http://www.sterlingcodifiers.com/codebook/printnow.php 7/21/2011 Sterling Codifiers, Inc. Page 4 of 4 E. Parking Lot Setback Requirements: 1. Arterial Roadways: When a parking lot located in the B-3 zoning district is located next to an arterial roadway, as defined in the city's comprehensive plan, a twenty foot (20') setback from the property line is required. 2. Nonarterial Roadways: When a parking lot located in the B-3 zoning district is located next to a nonarterial roadway, as defined in the city's comprehensive plan, a ten foot (10') setback from the property line is required. (Ord. 1998-32, 11-5-1998) 10-713-5: LOT COVERAGE: No more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7D-6: MAXIMUM BUILDING HEIGHT: A. No building or structure shall be erected or altered to exceed a maximum height of six (6) stories or eighty feet (80'), whichever is lower. B. No building or structure shall be erected or altered to exceed a maximum height of three (3) stories or thirty five feet (35) within the "downtown area" as described by exhibit A, attached to the ordinance codified herein. (Ord. 2006-67, 8-8-2006) 10-7D-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title. (Ord. 1973-56A, 3-28- 1974) http://www.sterlingcodifiers.com/codebook/printnow.php 7/21/2011 Sterling Codifiers, Inc. Page I of 18 Chapter 11 SIGNS 8-11-1: PRINCIPLES: The provisions of this chapter recognize that: A. There is a significant relationship between the manner in which signs are displayed and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C. Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. (Ord. 2009-31, 6-9-2009) 8-11-2: GENERAL PURPOSE: The regulation of signs by this chapter is intended to promote and protect the public health, safety and welfare by: A. Enhancing the economic condition of the city by promoting reasonable, orderly and effective use and display of signs. B. Enhancing the physical appearance of the city. C. Protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the city. http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 2 of 18 D. Protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. E. Preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly, it is deemed necessary and in the public interest to regulate signs. To this end, this chapter: A. Establishes minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this chapter. B. Regulates the size, location, height, installation and other pertinent features of new signs. C. Requires the removal of derelict signs and the amortization of nonconforming signs. D. Provides for the effective administration and enforcement of these regulations. (Ord. 2009 -31, 6-9-2009) 8-11-3: SCOPE: The regulations of this chapter shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs within the city and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this chapter relate to the location of signs, by function and type, within zoning districts and shall be in addition to provisions of the city of Yorkville building code and the city of Yorkville electrical code. (Ord. 2009-31, 6-9-2009) 8-11-4: DEFINITIONS: ANIMATED, FLASHING OR MOVING SIGN: Any sign that uses lights that flash or alternate or which include action or motion or the appearance of action or motion either physically or http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 3 of 18 electronically. AWNING, CANOPY OR MARQUEE SIGN: A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this chapter. The construction materials and the manner of construction of all awnings, canopies and marquees shall be in accordance with the Yorkville building code. BANNER: Any sign made of vinyl, fabric, or similar material that is displayed on a pole or building. National, state or municipal flags, and official flags of any institution or business shall not be considered banners. BILLBOARD: A structure for the permanent display of off premises advertisement which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the lot on which the sign is located. For the purposes of this chapter, this definition does not include off premises sponsorship banners. BUSINESS SIGN: A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises where the sign is located or to which it is affixed. A business sign shall be a wall, canopy, awning, marquee, or window sign. COLD AIR INFLATABLE DEVICE: An inflatable device, without a frame, used as a portable sign for promotions, sales or special events. A cold air balloon shall be ground mounted. CONSTRUCTION SIGN: A sign erected on a lot on which construction is taking place, indicating the names of the architects, engineers, landscape architects, contractors, and similar artisans, and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project. Said sign shall be erected only so long as construction is occurring on the lot. A construction sign shall be a wall or freestanding sign. FREESTANDING SIGN: Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. GRAND OPENING TEMPORARY SIGN: A temporary sign used for the purpose of advertising a grand opening of a new business. A grand opening temporary sign may be a wall, marquee, canopy, awning, or freestanding sign. Promotions, anniversary sales, special sales, or going out of business sales do not apply. GROUND MOUNTED/MONUMENT SIGN: A sign that is supported on a base that is equal in width and depth to the frame of the sign itself. A ground mounted/monument sign must be constructed of materials to match the principal structure. IDENTIFICATION SIGN: A sign giving the name and address of a residential building, business, development, industry, or other building or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol. An identification sign shall be a freestanding, wall, canopy, awning, or marquee sign. MENU BOARD SIGN: A sign at a remote location on a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle. http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 4 of 18 MESSAGE BOARD SIGN: A sign designed so that characters, letters or illustrations can be changed manually or electronically without altering the face or surface of the sign. Electronic message boards must have a minimum duration time of twenty four (24) hours and no transition effects. OFF PREMISES SPONSORSHIP BANNER: Temporary signs which display advertisement for sponsors of an event or facility, such as an athletic event or field, on the location where the sign is located. POLE SIGN: A freestanding sign supported by a column or columns whose total width is less than fifty percent (50%) of the sign face depth. PORTABLE SIGN: A movable sign, excluding trailer signs, that is not attached to a structure or affixed to the ground or surface upon which it is located. PROJECTING SIGN: A sign which in whole or in part is dependent upon the building for support and projects more than twelve inches (12") from such building, except for awning, canopy and marquee signs. REAL ESTATE SIGN: A sign indicating the sale, rental, lease, or development of the lot, a portion of the lot, or a building on the lot on which the sign is located. A real estate sign shall be a wall or freestanding sign. ROOF SIGN: A sign that is wholly dependent upon a building for support or mounted on the roof, which projects more than six inches (6") above the highest point of a building or roof to which it is attached. SANDWICH SIGN OR A-FRAME SIGN: A temporary, portable sign constructed of two (2) boards hinged together toward the top to permit the sign to stand when the bottom edges of the boards are spread; each side of which is no more than twelve (12) square feet. SNIPE SIGNS: A temporary or permanent nongovernmental sign in a public right of way which is tacked, nailed, posted, pasted, glazed or otherwise affixed to a pole, stake, fence, traffic sign, traffic control device, utility pole, tree or the ground. TEMPORARY SIGNS: Any sign, banner, pennant, streamer, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other lightweight material. TRAILER SIGN: A sign mounted on a chassis with or without wheels. VEHICLE SIGN: Any vehicle primarily situated to serve as a sign rather than as transportation. An automobile, van, or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. WALL SIGN: A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve inches (12") from such building or structure. WIND FEATHER (Also Known As WIND FLAG, TEARDROP BANNER AND BLADE): Fabric http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 5 of 18 or plastic attention getting devices supported by a single pole and having a tall, narrow orientation whose rotation is determined by the wind direction. WINDOW SIGN: A sign which is applied or attached to or located within three feet (3') of the interior of a window, which sign may be seen through the window from the exterior of the structure. (Ord. 2010-04, 1-12-2010; amd. Ord. 2010-18, 4-13-2010; Ord. 2010-25, 6-8- 2010) 8-11-5: SIGNS EXEMPT FROM THIS CHAPTER: Nothing in this chapter shall be construed as exempting the following signs from the building code or those portions of this code applicable to signs. The following signs are otherwise exempt from regulations of this chapter: A. Flags, symbols or crests of nations, states, cities or political, fraternal, religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag. B. Decorations customarily and commonly associated with a national, local or religious holiday, celebration or anniversary provided that such decorations shall not be displayed for more than sixty (60) consecutive days. C. Signs four (4) square feet or less in area and five feet (5') in height or less on private property regulating on premises traffic and parking. D. Bulletin boards, message boards, and similar devices no greater than thirty two (32) square feet in area, five feet (6) high and not in the vision triangle, used solely to give information about and accessory to a public, charitable, educational or religious institution located on the lot. E. Legal notices, identification, informational, directional, traffic or other sign erected or required by governmental authority. F. Memorial signs or tablets eight (8) square feet or less in area, containing the names of a building and the date of construction, when cut into any masonry surface so as to be part http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 6 of 18 of the building or when constructed of bronze or some other noncombustible material and permanently attached to a building. G. Nonilluminated window signs painted on or covering no more than fifty percent (50%) of the window area, excluding glass doors. H. Real estate signs four (4) square feet or less in area, provided that no more than one such sign shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set back a minimum of five feet (5) from any lot line and shall be five feet (5') or less in height and shall not be illuminated. I. Menu boards accessory to a restaurant drive-up window facility, provided such signs are thirty six (36) square feet or less in area. J. Signs used to identify the type of model home when used in conjunction with a developing residential subdivision. Each type of model home is allowed one sign not to exceed eight (8) square feet in area and five feet (5') in height. Such sign shall be located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. "No Trespassing", "Beware of Dog" and other similar warning signs four (4) square feet or less in area. L. Name and address plates which give only the name and address of the resident(s) of the building less than three (3) square feet on single- and two-family dwellings and five (5) square feet for multi-family dwellings. M. Garage sale, farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four (4) square feet in area. N. Building interior signage. O. Political signs. Signs sixteen (16) square feet or less in area and announcing candidates for political office or political issues, provided that such signs shall not be displayed more http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 7 of 18 than sixty (60) days before any election and shall be removed within five (5) days after said election. P. Construction signs under eight (8) square feet. Q. Window signs covering no more than sixty percent (60%) of the window area excluding glass doors. R. Permanent, nonflashing signs on vending machines, gas pumps, ice and propane storage units. (Ord. 2009-31, 6-9-2009) 8-11-6: GENERAL PROVISIONS: A. Sign Area: The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle, circle, triangle or combination thereof that will encompass the extreme limits of the writing representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. A double faced sign shall count as a single sign. B. Sign Height: The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements: Except as otherwise provided, signs shall be located at least five feet (5) from any driveway and lot line. Furthermore, no sign shall be erected or located in a public right of way except as established by the authorized public entity responsible for the right of way. No sign having a height more than thirty inches (30") shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty five feet (25') from the point of intersection of two (2) street right of way lines forming such a corner lot. http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 8 of 18 D. Illumination Of Signs: The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located. Exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to residential areas shall not be illuminated between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. unless the use to which the sign pertains is open. E. Sign Maintenance: The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards: 1. Signs shall be maintained in a neat and orderly condition and good working order, including illumination sources, at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the building and electrical codes as adopted by the city of Yorkville. F. Abandoned Signs: Except as otherwise provided in this chapter, any temporary sign installed for a period of thirty (30) days or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be removed. Permanent signs applicable to a business because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty (30) days. G. Removal Of Signs: Any sign found to be improperly maintained, abandoned or otherwise in violation of this chapter which is not removed or repaired within thirty (30) days of written notice of the code official may be removed by the code official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. (Ord. 2009-31, 6-9 -2009) 8-11-7: PROHIBITED SIGNS: The following signs shall not be permitted: http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 9 of 18 A. Moving, animated and flashing signs, except electronic message boards. B. Roof signs. C. Vehicle signs. D. Signs which constitute a hazard to public health or safety. E. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit or entrance. F. Signs which, by reason of size, location, content, color, or manner of illumination, obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. G. Signs which make use of words such as "stop", "look", "one-way", "danger", "yield" or any similar word, phrase, symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. H. Billboards. I. Trailer signs, except directional or informational signs exempted by subsection 8-11-5E of this chapter. J. Searchlights, except searchlights for grand openings and special civic events. K. Snipe signs. L. Signs displaying obscene or indecent matter. http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 10 of 18 M. Moving, rotating or animated signs except traditional barber poles not exceeding two feet (2') in height and projecting not more than twelve inches (12") from the building utilized only to identify a haircutting establishment. (Ord. 2009-31, 6-9-2009) 8-11-8: PERMITTED SIGNS; AGRICULTURAL, FLOOD ZONE AND RESIDENTIAL ZONING DISTRICTS: A. Permanent Signs: 1. Freestanding Identification Or Business Signs: All nonresidential uses in the agricultural, flood zone and residential zoning districts may have one freestanding business or identification sign. Nonresidential uses in the agricultural, flood zone and residential zoning districts on a corner lot with entrances on both streets may have one freestanding sign on each street frontage. Said sign shall be thirty two (32) square feet or less in area, five feet (5) or less in height and set back at least ten feet (10') from the street or entrance drive. Freestanding signs must be constructed with the base and supporting columns, if present, constructed of the same brick, stone or masonry material that the exterior walls of the principal building are made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than fifty percent (50%) of the freestanding sign area may be composed of a message board sign. 2. Building Mounted Identification Or Business Signs: All nonresidential uses in the agricultural, flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building facing a public right of way. No more than fifty percent (50%) of the building mounted sign area may be composed of a message board sign. Building mounted signage cannot extend more than seventy five percent (75%) of the building facade of the building to which it is attached. 3. Subdivision And Residential Complex Identification Signs: Two (2) permanent subdivision or residential complex identification signs, one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted. Such signs shall be thirty two (32) square feet or less in area and eight feet (8') or less in height and constructed out of premium building materials such as brick or stone. For the purposes of this provision this sign may be installed in two (2) components, one on each side of the street. B. Temporary Signs: http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 11 of 18 1. Real Estate Signs: On nonsingle-family residential lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area or five feet (5') in height. 2. Residential Marketing Signs: Residential marketing signs at major entrances to residential subdivisions not to exceed one hundred (100) square feet and twelve feet (12') in height. (Ord. 2009-31, 6-9-2009) 3. Off Site Marketing Signs: Residential off site marketing signs to call attention to and give directions to residential developments in Yorkville shall be allowed at no more than four (4) off site locations, and shall be no greater than one hundred (100) square feet in area and twelve feet (12') in height. Signs for a given development may be located in any zoning district provided that there is at least one-fourth (1/4) mile separation from the other off site marketing signs of that development and that no off site marketing sign be closer to a residence than one hundred feet (100'). Off site marketing signs for different developments must be at least two hundred fifty feet (250') from any other off site marketing sign. (Ord. 2010-04, 1-12-2010) 4. Grand Opening Signs: One grand opening sign not to exceed thirty two (32) square feet in area and eight feet (8') in height. 5. Construction Signs: One construction sign per nonsingle-family lot not to exceed thirty two (32) square feet in area and five feet (5') in height. (Ord. 2009-31, 6-9-2009) 6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet (3' x 6') in size and shall face the playing field. Banners mounted on a scoreboard or backstop shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) 8-11-9: PERMITTED SIGNS; BUSINESS ZONING DISTRICTS: A. Permanent Signs: 1. Freestanding Business Signs: On lots less than three (3) acres with one street frontage, one freestanding business sign thirty two (32) square feet or less feet in area and eight feet (8') or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign thirty two (32) square feet or less in area and eight feet (8') or less in height per street frontage with an entrance/exit shall be allowed. On lots three (3) acres or larger with one street frontage, one freestanding business sign sixty four (64) square feet or less in area and eight feet (8') or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign sixty four (64) square feet or less in area and eight feet (8') or less in height per street frontage with an entrance/exit shall be allowed. http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 12 of 18 On lots three (3) acres or larger that have a street frontage(s) in excess of eight hundred feet (800') with two (2) entrances/exits at least six hundred feet (600') apart may have two (2) freestanding business signs sixty four (64) square feet or less in area and eight feet (8') or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns, if present, constructed of the same brick, stone or masonry material that the exterior walls of the principal building are made of. The sign panel color and type must match the color and type used on any wall mounted signage. No more than fifty percent (50%) of the freestanding sign area may be composed of a message board sign. (Ord. 2010-04, 1-12-2010) 2. Building Mounted Business/Identification Signs: a. Single Use Building: A business having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right of way. The maximum area of such sign shall not exceed two (2) square feet for each one linear foot of the facade of the building with a public entrance. No wall sign shall extend more than seventy five percent (75%) of the width of the building facade to which it is attached. b. Multi-Tenant Buildings: Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted business or building mounted identification signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. The maximum area of such sign(s) shall not exceed two (2) square feet in area for each one linear foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached. No wall sign shall extend more than seventy five percent (75%) of the width of that part of the building facade in which it is located. c. Message Board Sign Limitation: No more than fifty percent (50%) of the building mounted sign area may be composed of a message board sign. B. Temporary Signs: 1. Searchlights: Searchlights. 2. Cold Air Inflatable Devices: Cold air inflatable devices. 3. Grand Opening Signs: One grand opening sign not to exceed thirty two (32) square feet in area and eight feet (8') in height. 4. Commercial Real Estate Signs: On commercial lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area and five feet (5') in height. http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 13 of 18 5. Construction Signs: One construction sign per lot not to exceed thirty two (32) square feet in area and five feet (5) in height. 6. Wind Feathers: No limit on the quantity per lot. Time period not to exceed thirty (30) days. 7. Banners: One special business event sign per business not to exceed thirty two (32) square feet in area. 8. Portable Signs: One portable sign per business not to exceed sixteen (16) square feet in area. (Ord. 2009-31, 6-9-2009) 9. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop, or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet (3' x 6') in size and shall face the playing field. Banners mounted on a scoreboard or backstop shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) 8-11-10: PERMITTED SIGNS; MANUFACTURING ZONING DISTRICTS: A. Permanent Signs: 1. Freestanding Business Sign: On lots less than three (3) acres or on lots that face a residentially zoned or used lot with one street frontage, one freestanding business sign shall be allowed. Said sign shall be thirty two (32) square feet or less in area and eight feet (8') or less in height. If the lot has more than one street frontage, one freestanding business sign thirty two (32) square feet or less in area and eight feet (8') or less in height per street frontage with an entrance/exit shall be allowed. On lots three (3) acres or larger with one street frontage, one freestanding business sign shall be allowed. Said sign shall be a maximum of sixty four (64) square feet or less in area and eight feet (8') or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign sixty four (64) square feet or less in area and eight feet (8') or less in height per street frontage with an entrance/exit shall be allowed. On lots three (3) acres or larger that have a street frontage(s) in excess of eight hundred feet (800') with two (2) entrances/exits at least six hundred feet (600') apart may have two (2) freestanding business signs sixty four (64) square feet or less in area and eight feet (8') or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns, if present, constructed of the same brick, stone or masonry material that the exterior walls of the principal building are made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 14 of 18 No more than fifty percent (50%) of the freestanding sign area may be composed of a message board sign. 2. Building Mounted Business/Identification Signs: a. Single Use Building: A business having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right of way. The maximum area of such sign shall be two (2) square feet or less in area for each one linear foot of the facade of the building with a public entrance. b. Multi-Tenant Buildings: Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. The maximum area of such sign(s) shall be two (2) square feet or less in area for each one linear foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached. All business and identification signs shall be wall, awning, canopy or marquee signs. c. Message Board Sign Limitation: No more than fifty percent (50%) of the building mounted sign area may be composed of a message board sign. B. Temporary Signs: 1. Real Estate Signs: On industrial lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area or five feet (5) in height. 2. Construction Signs: One construction sign per industrial lot not to exceed thirty two (32) square feet in area and ten feet (10') in height. 3. Banners/Special Business Event Sign: One banner/special business event sign per business not to exceed thirty two (32) square feet in area and ten feet (10') in height. 4. Portable Sign: One portable sign per business not to exceed sixteen (16) square feet in area. 5. Wind Feathers: No limit on the quantity per lot. Time period not to exceed thirty (30) days. (Ord. 2009-31, 6-9-2009) 6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet (3' x 6') in size and shall face the playing field. Banners mounted on a scoreboard shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 15 of 18 8-11-11 : NONCONFORMING SIGNS: A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans, provided construction of the sign is started within ninety (90) days after the passage of the ordinance amendment and is completed within sixty (60) days after beginning construction. B. Whenever a nonconforming sign has been discontinued for a period of six (6) months, or whenever there is evidence of a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be reestablished and the sign hereafter shall be in conformity with the regulations of this chapter. C. Normal maintenance of a nonconforming sign is permitted, including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty percent (50%) or more of the replacement value at the time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this chapter. In the event the damage or destruction is less than fifty percent (50%) of its replacement value based upon prevailing costs, the sign may then be restored to its original condition and the use may be continued which existed at the time of such partial destruction until the nonconforming sign is otherwise abated by the provisions of this chapter. In either event, a permit for restoration or repair must be applied for within a period of thirty (30) days from the date of damage or destruction, and be completed within sixty (60) days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six (6) months from the passage date hereof. New temporary signs shall be allowed only in conformance with the provisions contained in this chapter. Such signage must be removed by the close of business of the day the temporary sign permit expires. (Ord. 2009-31, 6-9-2009) http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 16 of 18 8-11-12: PERMITTING PROCEDURES: Permits for permanent and temporary signs: (Ord. 2009-31, 6-9-2009) A. Permit Required: No sign shall be erected, enlarged, expanded, altered or relocated unless the person proposing to erect, alter or move such sign shall obtain a permit from the code official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this chapter. The fee for granting such a permit for signs shall be established by the city council. The schedule of fees for signs shall be posted in the city offices and may be amended only by the city council. A deposit of fifty dollars ($50.00) shall be required at the time of permit application for any temporary banner sign, which deposit shall be returned to the applicant upon removal of the temporary banner sign, unless the applicant is in violation of the provisions of this chapter. Routine sign maintenance, changing of parts designed for change, or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a permit, unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. (Ord. 2010-25, 6-8-2010) B. Application For Permit: Any person desiring a permit for a permanent or temporary sign shall file a permit application which shall contain or have attached the following information: 1. A copy of plans and specifications showing the method of construction, illumination, if any, and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the city may be required. 2. A plat of survey showing the location of the sign(s) on the lot and a drawing indicating the location of the sign(s) on any building or structure on the lot. 3. A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed message and design, accurately represented as to size, area, proportion and color. 4. The written consent of the owner(s) or agent of the building, structure, or land on which the sign is erected. 5. The name, address and phone number of the applicant. 6. The name of the person, firm, corporation or association erecting, altering or moving the sign. (Ord. 2009-31, 6-9-2009) http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 17 of 18 C. Temporary Sign Permit Frequency And Duration Per Business: Type Of Sign Maximum Duration Maximum Frequency Banners 30 days 5 times per year Sandwich board or A-frame 6 months Renewable Commercial real estate 6 months Renewable Industrial real estate 6 months Renewable Residential marketing 6 months Renewable Grand opening 45 days Once per business Cold air inflatable device 72 hours Once per year Searchlights 72 hours Once per year Wind feather (per property) 30 days ($25.00 fee) ] Renewable ($5.00 fee) Construction During active building permit issuance Off premises sponsorship banner 8 months: March through October (Ord. 2010-18, 4-13-2010; amd. Ord. 2010-25, 6-8-2010) 8-11-13: SIGN VARIATIONS: In addition to the procedures and standards listed in section 10-14-5 of this code regarding variations from the requirements, the zoning board of appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: A. If the sign was erected legally with a sign permit. B. If there are any unique physical characteristics of the property. C. If there are limited available locations for signage on the property. http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Sterling Codifiers, Inc. Page 18 of 18 D. The cost to the applicant of complying with the sign ordinance requirements. E. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit. F. If the sign is on a street with twenty thousand (20,000) or higher vehicle trips per day. G. If the sign would be blocked by existing or required landscaping. H. If it is a wall sign facing a public right of way without a public entrance. (Ord. 2009-31, 6-9 -2009) http://www.sterlingcodifiers.com/codebook/printnow.php 7/28/2011 Ordinance No. 2010--p AN ORDINANCE APPROVING THE RELOCATION OF SPECIFIC SIGNS IMPACTED BY THE WIDENING OF ILLINOIS ROUTE 47 WHEREAS,the Illinois Department of Transportation("IDOT")has finalized plans and has proceeded with the acquisition of land necessary to widen and to reconstruct Illinois Route 47 and has requested that the City grant a variance for any commercial sign impacted as a part of this project to pennit relocation and reinstallation of signs which do not conform to current City Code requirements; and, WHEREAS,the Mayor and City Council of the United City of Yorkville understand that the widening project shall benefit the City but should not create a financial burden upon business owners; and, WHEREAS, IDOT has agreed to compensate all affected business owners for the relocation of each and every sign but shall not underwrite any costs which are associated with any changes in such signage as may be required to conform to current City Code requirements; and, WHEREAS,the Mayor and City Council have concluded that it is in the best interest of the business community to grant a variance to all signs affected by the Illinois Route 47 widening project as legal non-conforming signs where such is the case. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section L The following signs which shall be relocated at the sole cost of IDOT in order to pen-nit the widening of Illinois Route 47 are hereby granted a variance: • Kramer Law & Others—North of Colonial Pkwy, west side IL 47 • Smokey's Restaurant—West side of IL 47 at IL 126 • Yorkville Lions Club South of Van Emmon St, east side IL 47 • Bank Parking South of Van Emmon St, east side of IL 47 • Happy Hounds —West side of IL 47 across from Park St • Travel Services—North of Appletree Ct, west side IL 47 • Bella Tressa & Others—North of Appletree Ct, east side IL 47 • Aunt Martha Youth Service—North of Appletree Ct, east side IL 47 • Lo Destro Dentists—North of Appletree Ct, west side IL 47 • Jewel North of Landmark Dr • BP Gas &, AM/PM—NE corner of US 34 • Castle Bank NE corner of Center Pkwy • McDonalds — East of Center Pkwy, north side US 34 • BP Gas & AM/PM NE corner of IL 47 • Duy's Shoes— East of IL 47, north side US 34 • Grand Rental Station North of Garden St, east side IL 47 Section U. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois,this day o A.D. 2010. ROBYN SUTCLIFF GEORGE T. GILSON, JR. ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI t�1� MARTY MUNNS ROSE SPEARS WALLY WF.RDERICH APPROVED by me,as Mayor of the United City of Yorkville,Kendall County, Illinois,this day of J U)4L A.D. 2010. 'ZZAk Mayor Attevt: 0. Ci Cle k PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS ZBA 2011-01 NOTICE IS HEREWITH GIVEN THAT Kathleen Herron, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting the following variations: (a) Vary the sign regulations contained in City Code Section 8-11-9-A-1 to permit the construction of an advertising sign in the business district with dimensions of 6 feet 6 inches by 6 feet 6 inches on each side to a height not to exceed 13 feet 6 inches from ground level. (b) Permit a temporary sign, not to exceed the dimensions set forth in Paragraph (a) above, throughout the entire period of the reconstruction of U.S. Route 34 (Veteran's Parkway) following the removal of the current sign by the Illinois Department of Transportation(City Code Section 8-11-9-B). (c) Vary the requirements of City Code Section 10-7-D-4-E-1 regarding parking lot setback in the business-zoned district from 20 feet from property line to 0 feet from property line. The real property consists of approximately 0.24 acres, and is located immediately north of Route 34, and just east of Route 47 (Bridge Street), Yorkville, Illinois. The property is commonly known as 9675 Route 34, Yorkville, Illinois 60560. The legal description is as follows: LEGAL DESCRIPTION OF PARENT PARCEL That part of the North West 1/4 of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the East right of way line of Illinois Route 47 with the center line of U.S. Route 34; thence South 83° 46' 47" East along the center line of U.S. Route 34, 378.21 feet for the point of beginning; thence North 4° 52' 00" East, parallel with the East right of way line of Illinois Route 47, 61.08 feet; thence North 5° 13' 00" East parallel with said East right of way line, 188.92 feet; thence South 83° 46' 47" East parallel with the center line of U.S. Route 34, 60 feet; thence South 5° 13' 00" West parallel with the East right of way line of Illinois Route 47, 188.93 feet; thence South 4° 52' 00" West 61.07 feet to the center line of U.S. Route 34; thence North 83° 46' 47" West along said center line, 60 feet to the point of beginning; (excepting there from that part of above described premises conveyed to the State of Illinois by a Deed recorded July 29, 1974 as document 74-3609) in the Township of Bristol, Kendall County, Illinois. NOTICE IS HEREWITH GIVEN THAT the Zoning Board of Appeals for the United City of Yorkville will conduct a Public Hearing on said Variance requests on Wednesday, August 3, 2011 at 7 p.m. at the Yorkville Public Library, 902 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk By: Lisa Pickering Deputy Clerk