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Ordinance 2012-38 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2012-38 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, ALLOWING AND REGULATING ELECTRONIC SIGNS Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 23`d day of October, 2012 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on November 7, 2012. Ordinance No. 2012-33 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, ALLOWING AND REGULATING ELECTRONIC SIGNS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City pursuant its police power in furtherance of the public health, safety, morals and general welfare and Section 11-13-1 of the Illinois Municipal Code ( 65 ILCS 5/11-13-1) hereby adopts this Ordinance allowing and regulating electronic signs. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 8, Chapter 11, Section 8-11-4 of the Yorkville City Code, as amended, be and is hereby amended by amending the definition of Message Board Sign to read as follows: "MESSAGE BOARD SIGN: A sign designed so that characters, letters or illustrations can be changed manually without altering the face or surface of the sign." Section 2. That Title 8, Chapter 11, Section 8-11-4 of the Yorkville City Code, as amended, be and is hereby amended by adding the definition of Electronic Message Display Panel to read as follows: "ELECTRONIC MESSAGE DISPLAY PANEL: means a separate portion of a lawful sign capable of displaying fixed or changing text, characters, figures or images using light emitting diodes (LEDs), liquid crystal display (LCD), fiber optics, light bulbs or other illumination devices that can be electronically changed by remote or automatic means. The following terms for electronic message display panels shall be defined as follows: Animation: the illusion of movement to drawings, models or inanimate objects by putting separate pictures together to form the illusion of continuous motion. Character: A letter, number, punctuation mark or decimal point. Dissolve: where static messages are changed by means of varying light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneous to the gradual appearance and legibility of the subsequent message. Fade: where static messages are changed by means of varying light intensity, where the first message gradually reduces intensity to the point of not being legible and the Ordinance No. 2012- M Page 2 subsequent message gradually increases intensity to the point of legibility. Nits: A luminance unit equal to one candle per square meter measured perpendicular to the rays from the source. Scrolling: where the message is changed by the apparent vertical movement of the letters or graphic elements of the message. Static: Graphics having no motion or movement of any type. Text: Graphics consisting of letters, words, numbers, punctuation or decimal points only that do not include any animation or video. Travel: where the message is changed by the apparent horizontal movement of the letters or graphic elements of the message. Video: moving images that are a sequence of images of continuous motion and breaking it up into discrete frames for subsequent display." Section 3. That Title 8, Chapter 11, Section 8-11-9A of the Yorkville City Code, as amended, be and is hereby amended by adding subsection 3 to read as follows: "3. Electronic Message Display Panel a. There shall only be one (1) permitted sign per lot that may contain an electronic message display panel. b. A permanent freestanding business sign may be composed of an electronic message display panel. c. The electronic message display panel shall not make the sign otherwise not in compliance with all the requirements of this Title and this Code. d. Except for an electronic message display panel in a permitted sign for a movie theater, all other electronic message display panels shall not display video but may display static text and animation that dissolves, fades, scrolls or travels. Between each display shall be the delay indicated in the chart in subsection j below. e. Signs with electronic message display panels that face residentially zoned property shall be set back not less than one thousand feet (1,000') from the residentially zoned property and the display panel shall not be operated when the business on that property is not open to the public for business except for the name of the business and/or time and temperature. f. The brightness of the electronic message display panels shall not be more than 5,000 Nits in the daytime and 1,750 Nits in the nighttime. Ordinance No. 2012-38 Page 3 g. Prior to issuing a permit for a sign that contains an electronic message display panel, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the levels specified in this section and the intensity level is protected from end-user manipulation by password-protected software or other method deemed appropriate by the City. h. Malfunctioning electronic message display panels shall automatically turn off or be turned off within 24 hours of the malfunction. i. A sign with an electronic message display panel shall be constructed with the other components of the sign in a natural material in the same brick, stone or masonry construction of the principal building's exterior walls. j. The maximum size of the electronic message display panel shall be: Type of commercial building and location Maximum area of Minimum time electronic message between video, display panel animation or static text Single commercial tenant building on parcel 32 sq. ft. 5 seconds adjacent to major arterial (Illinois Routes 47, 126, and 71, and US Route 34) Multiple commercial tenant building on 32 sq. ft. 5 seconds parcel adjacent to major arterial Single commercial tenant building on parcel 32 sq. ft. 8 seconds not adjacent to major arterial Multiple commercial tenant building on 24 sq. ft. 8 seconds parcel not adjacent to major arterial Commercial Planned Unit Development 75 sq. ft. 5 seconds Maximum sign height— 10 feet Section 4. That Title 8, Chapter 11, Section 8-11-10A of the Yorkville City Code, as amended, be and is hereby amended by adding subsection 3 to read as follows: "3. Electronic Message Display Panel a. There shall only be one (1) permitted sign per lot that may contain an electronic message display panel. b. A permanent freestanding business sign may be composed of an electronic message display panel. c. The electronic message display panel shall not make the sign otherwise not in compliance with all the requirements of this Title and this Code. Ordinance No. 2012-,3-9 Page 4 d. Except for an electronic message display panel in a permitted sign for a movie theater, all other electronic message display panels shall not display video but may display static text and animation that dissolves, fades, scrolls or travels. Between each display shall be the delay indicated in the chart in subsection j below. e. The brightness of the electronic message display panels shall not be more than 5,000 Nits in the daytime and 1,750 Nits in the nighttime. £ Prior to issuing a permit for a sign that contains an electronic message display panel, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the levels specified in this section and the intensity level is protected from end-user manipulation by password-protected software or other method deemed appropriate by the City. g. Malfunctioning electronic message display panels shall automatically turn off or be turned off within 24 hours of the malfunction. h. A sign with an electronic message display panel shall be constructed with the other components of the sign in a natural material in the same brick, stone or masonry construction of the principal building's exterior walls. i. The maximum size of the electronic message display panel shall be: Maximum area of Minimum time electronic message between video, display panel animation or static text Manufacturing parcel of 3 acres or less 32 sq. ft. 8 seconds Manufacturing parcel of more than 3 acres 36 sq. ft. 8 seconds Section 5. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this o?'J day of OCTO 6642 , A.D. 2012. CITY CLERK Ordinance No. 2012-38 Page 5 ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT _ \� Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 1f0YEM8E,, 2012. MA Ordinance No. 2012-39 Page 6