Zoning Board of Appeals Packet 2009 11-04-09 0 car o United City of Yorkville
J 0 ; T 800 Game Farm Road
EST. �� 1836 Yorkville, Illinois 60560
-4 -�` Telephone: 630-553-4350
O C�`` p Fax: 630-553-7575
CountY Seat
Kentlall County `�
<4L.E
ZONING BOARD OF APPEALS
AGENDA
Wednesday, November 4, 2009
7:00 P.M.
Yorkville Public Library
902 Game Farm Road
Meeting called to order:
Roll Call:
Previous Meeting Minutes (Corrections/Approval): September 2, 2009
Public Hearing:
1. ZBA 2009-03 Mr. & Mrs. Mike Graves, petitioners, have filed an application
with the United City of Yorkville, Kendall County, Illinois, requesting a variance to
City Code, Title 8, Chapter 11, Section 9.A.1 to allow for a free standing sign to be
10 feet high. The real property consists of approximately 5 acres at 1801 S. Bridge
Street, Yorkville, Illinois, 60560.
The public hearing will be re-noticed for December 2, 2009
due to improper notification.
New Business
1) Sign Ordinance Amendment regarding Off-Premise Signs
Adjournment
Page 1 of 3
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS
Wednesday,September 2, 2009, 7pm
Library Historic Meeting Room
Board Members in Attendance:
Jeff Baker, Chairman
Dean Bromann
Corey Johnson
Mike Skinner
Charlie Walker
Absent: Chris Funkhouser, Ryan Woods
Other City Officials In Attendance:
Mayor Valerie Burd
Travis Miller, Community Development Directory
Anna Kurtzman, ICCI
Guests:
Tony Phillips, SAC Wireless
Meeting Called to Order:
At 7:00pm the meeting was called to order by Chairman left'Baker.
Roll Call:
Roll call was taken and a quorum was established.
Previous Meeting Minutes: August 5, 2009
The minutes were approved as read on a motion and second by Skinner and Bromann
respectively. Unanimous voice vote.
Public Hearin
ZBA 2009-02 SAC Wireless d/b/a as Verizon Wireless. Petitioner has Paled
an application with the City requesting a variance to the Yorkville Zoning
Ordinance,Title 10, Chapter 15 (Tower and Antenna Regulations). The
property consists of 23 acres located at 202 and 204 Wheaton Avenue,
Yorkville,
Chairman Baker swore in the petitioner.
A motion to open the public Hearing was made by Bromann and seconded by Skinner.
Approved unanimously by voice vote.
Page 2 of 3
Tony Phillips with SAC Wireless representing Verizon, was present to give testimony.
His company is exploring construction of a tower at the lumber yard on Wheaton
Avenue. It is zoned B3,surrounded by industrial and near Corn Ed lines. If a variance is
granted for a higher tower,more carriers can be added and better coverage can be
provided. Verizon is one of the few companies that consistently installs shelters near the
tower, This provides space for a generator so Verizon can function in the event of a
disaster. Overall capacity is currently decreasing due to increased usage and higher
towers are needed to handle that usage.
Ms. Kurtzman clarified that the variance is requesting an additional 99 feet of height.
The height of other area towers was also discussed. Mr. Skinner asked if the tower would
fall across the train tracks if it fell. Mr. Phillips said the towers are tested to withstand
100 mph winds,but that it could possibly fall across the tracks. Mr. Phillips said the
tower could be located farther from the tracks. He also presented information about the
new technology now being used and how it works.
Following testimony by Mr. Phillips, the Hearing was closed on a motion by Skinner and
second by Johnson. The voice vote was unanimous to close.
Discussion:
Mr. Skinner asked if the City had investigated the safety of these types of towers. Travis
stated that structural engineering must be done prior to obtaining a building permit. Ms.
Kurtzman also said the current building codes address wind and seismic issues. It was
also noted there will be lightning rods on the tower and the tower would be 195 feet tall
with 4 feet of lightning rods.
Ms. Kurtzmann then reviewed the Finding of Fact. Following this, a motion was made
by Mr. Bromann to approve ZBA 2009-02 SAC Wireless' request for a variance to Title
10, Chapter 15. Mr. Skinner seconded the motion and roll call vote followed:
Vote: Bromann-yes, Johnson-yes, Skinner-no,Walker-no, Baker-yes. Motion passed
3-2.
This matter will move forward to the October Plan Commission if all documents can be
obtained in time.
New Business:
Mr. Skinner stated he had two additional items he would like to discuss. The first one
concerns item 5 in the Finding of Fact that addresses"impairing light or air to adjacent
property...". Mr. Skinner feels each point should be considered separately. This will be
discussed at the next meeting.
Mr. Miller said a suggestion could be forwarded to the Zoning Commission who is
updating the ordinances. He added that the Finding of Fact is part of the Illinois Statutes.
Page 3 of
According to Ms. Kurtzman, more comprehensive reports can be prepared for the City
Council when each point is discussed. The City could also be faced with a legal situation
if each item is not considered.
In a second matter, Mr. Skinner made a motion on behalf of the Board to recommend to
the City Council, approval of the following Resolution: "To recognize and thank Anna
Kurtzman for her years of dedicated service to the City of Yorkville, Council and the
Zoning Board of Appeals". Corey Johnson seconded the motion.
Roll call vote: Johnson-ycs, Skinner-yes, Walker-yes, Baker-yes, Bromann-yes.
Unanimously passed.
1. Communication discussion with Mayor Burd,ZBA and EDC members
Chairmen Baker welcomed Mayor Burd to the meeting. He said the Board had requested
a meeting with her to discuss recent decisions by the Board that were overturned by the
Council. Ms. Burd suggested a joint meeting with the City Council to discuss these
matters and to meet the new Aldermen. She said some of the Council members may not
be aware of the hearing process the ZBA must undertake in order to reach decisions that
are not made lightly. She stated she was aware of the decisions being overturned and
said ordinances should be followed unless there is an important reason to overturn.
Travis will organize an informal meeting prior to a regular Council meeting. September
22nd was suggested and a reminder will be sent.
Adjournment:
There was no further business and a motion was made by Skinner and seconded by
Walker to adjourn the meeting. Adjourned at 8:25pm.
Minutes respectfully submitted by
Marlys Young.
Cl,?'- Memorandum
x p
To: ZBA
EST. 1836
From: Travis Miller
CC: Annette Williams (for distribution)
Date: October 9, 2009
0� �" Subject: Sign Ordinance Amendment regarding Off-Premise Signs
Background
The Park Board has discussed offering sign space for businesses/advertisers to purchase on outfield
fences at ball fields in City parks. The current sign ordinance considers this type of sign a billboard, and
is prohibited. The proposed amendment modifies the definition for billboard and introduces a definition
for off-premise sponsorship signs and allows them on public properties and no more than 32 square feet
(allowing for a typical 4'x8' sign).
Staff presented the proposed amendment to the Economic Development Committee at their October 6,
2009 meeting. The Committee discussed the amendments and advised to forward the proposal to the
ZBA for consideration and input prior to forwarding to City Council for final consideration.
The attached is redline version of the entire Sign Ordinance with the recommended changes underlined
and noted.
Draft Sentember 30.200?
CHAPTER 1 I
SECTION:
8-11-1 Principles
8-11-2 General Purpose
8-11-3 Scope
8-I1-4 Definitions
8-11-5 Signs Exempt from this Chapter
8-I1-6 General Provisions
8-11-7 Prohibited Signs
8-11-8 Permitted Signs—Residential Zoning Districts
8-11-9 Permitted Signs—Business Zoning Districts
8-11-10 Permitted Signs—Manufacturing Zoning Districts
8-11-11 Nonconforming Signs
8-11-12 Permitting Procedures
8-11-1 PRINCIPLES.The provisions of this Article recognize that:
A. There is a significant relationship between the manner ir�,which signs are (Deleted: I
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.
8-11-2 GENERAL PURPOSE.The regulation of signs by this Article
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.
D. protecting the public use of streets and rights of way by reducing advertising
distractions that may increase traffic accidents and congestion.
I
Draft September 30,2009
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 Article:
1. 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 Ordinance.
2. Regulates the size, location,height, installation and other pertinent
features of new signs.
3. Requires the removal of derelict signs and the amortization of
nonconforming signs.
4. Provides for the effective administration and enforcement of these
regulations.
8-11-3 SCOPE.The regulations of this section 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 section 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.
8-11-4 DEFINITIONS.
A. 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 electronically.
B. 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 Article.
The construction materials and the manner of construction of all awnings,canopies
and marquees shall be in accordance with the Yorkville Building Code.
C. Banner.Any sign of lightweight fabric or similar material that is displayed on a
pole or building.National,state or municipal flags, official flags of any institution or
business shall not be considered banners.
2
Draft September 30,2009
D. Billboard.r:structure for the permanent display of off-premise advertisement Deleted:Anofrpremiseadvern:ins
which directs attention to a business,commodity,service or entertainment conducted, sign which dtrects attention toabusmess,
--- commodity,service or entertainment
sold_or offered at a location other than the lot on which the si rn is located. For the conducted,sold,or offered atalocation
purposes of this Chapter,this definition does not include Off-Premise Sponsorship iaz'thelotonwhtchthcsignis ed
Siutis.
E. 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.
F. 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.
G. 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.
H. 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.
1. 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.
J. 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.
K. 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.
L. 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.
M. 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
3
Draft September 30,200
sign.Electronic message boards must have a minimum duration time of twenty-four
hours and no transition effects.
O. Off-Premise Sponsorship Signs. Signs on public 12ropeM advertising a
business commodity service or entertainment conducted sold or offered at a location
other than the lot on which the sin is located. Said sign shall be temporary and
display advertisement for sponsors of an event or facility.such as an athletic ficid,on
the location where the si*n is located.
N. Pole Sign. A freestanding sign supported by column or columns whose total
width is less than 50%of the sign face depth.
O. 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,including A-
frame and sandwich-board signs.
P. Projecting Sign.A sign which in whole or in part is dependant upon the building
for support and project more than twelve(12)inches from such building,except for
awning,canopy and marquee signs.
Q. 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.
R. Roof Sign.A sign that is wholly dependant upon a building for support or
mounted on the roof,which project more than six(6) inches above the highest point of
a building or roof to which they are attached.
S. Snipe Signs.A temporary or permanent non-governmental signs 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.
T. Temporary Signs.Any sign,banner,pennant,streamer,or advertising display
constructed of cloth,canvas, light fabric,cardboard,wallboard, or other lightweight
material.
U. Trailer Sign.A sign mounted on a chassis with or without wheels.
V. 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.
W. 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
4
Draft September 30,2009
background surface of,the sign and which does not project more than twelve(12)
inches from such building or structure.
X. Wind Feather.Also known as Wind Flag,Teardrop Banner and Blade. Fabric or
plastic attention getting devices supported by a single pole and having a tall,narrow
orientation whose rotation is determined by the wind direction.
Y. Window Sign.A sign which is applied or attached to or located within three(3)
feet of the interior of a window,which sign may be seen through the window from the
exterior of the structure.
8-11-5 SIGNS EXEMPTED FROM THIS CHAPTER.Nothing in this shall be
construed as exempting the following signs from the Building Code or those portions
of the Municipal 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(5) feet in height or less on
private property regulating on-premise traffic and parking.
D. Bulletin boards,message boards,and similar devices no greater than thirty-two
(32)square feet in area,five(5)feet 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 of the building or when constructed of bronze or some other non-
combustible material and permanently attached to a building.
G. Non-illuminated window signs painted on or covering no more than 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(l)such sign shall be permitted in each yard abutting a street. Real estate signs
5
Draft September 30,2009
shall be freestanding signs and set back a minimum of five(5)feet from any lot line
and shall be five(5)feet 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.
L 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(1)sign
not to exceed eight(8)square feet in area and five(5)feet 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 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 60%of the window area excluding glass
doors.
R. Permanent,non-flashing signs on vending machines,gas pumps, ice and
propane storage units.
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
6
Draft September 30,2004
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(5)feet 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(30)
inches shall be located within that part of the yard or open area of a corner lot included
within a triangular area of twenty-five(25) feet from the point of intersection of two
(2)street right-of-way lines forming such a corner lot.
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 11:00 p.m.and 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 Ordinance,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
7
Draft Se tember 30 2009
management of such business shall be deemed abandoned if the property remains
vacant for a period of six(b)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 ordinance 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.
8-11-7 PROHIBITED SIGNS.The following signs shall not be permitted:
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.
1. Trailer signs,except directional or informational signs exempted by Section 8-
1 1-5.E of this Chapter.
J. Searchlights,except searchlights for grand openings and special civic events.
K. Snipe signs.
L. Signs displaying obscene or indecent matter.
8
Draft September 30,2009
M. Moving,rotating or animated signs except traditional barber poles not
exceeding two(2)feet in height and projecting not more than twelve(12)inches from
the building utilized only to identify a hair cutting establishment.
8-11-8 PERMITTED SIGNS—AGRICULTURAL FLOOD ZONE&
RESIDENTIAL ZONING DISTRICTS
A. PERMANENT SIGNS
1. Free standing identification or business sign.All non-residential uses in the
agricultural,flood zone and residential zoning districts may have one free standing
business or identification.Non-residential uses in the agricultural,flood zone and
residential zoning districts on a corner lot with entrances on both streets may have one
free standing sign on each street frontage. Said sign shall be thirty-two(32)square feet
or less in area, five(5)feet or less in height and setback at least ten(10)feet 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 is 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 50%of the free standing sign area may be composed of a message
board sign.
2. Building mounted identification or business sign.All non-residential
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 50%of the building mounted
sign area may be composed of a message board sign.Building mounted signage can
not extend more than 75%of the building fagade of the building to which it is
attached,
3. Subdivision and residential complex identification signs.Two 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(8)feet 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 components,one on each side of the street.
9
Draft September 30 2009
B. TEMPORARY SIGNS
1. Real estate signs.On non single family residential lots one real estate sign
per street frontage no greater than thirty-two(32)square feet in area or five(5)feet in
height.
2. Residential Marketing signs at major entrances to residential subdivisions
not to exceed one hundred(100)square feet and twelve(12)feet in height.
3. 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(12)feet in height, Signs for a given development may be located in any
zoning district provided that there is at least one quarter(114)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(100)feet.Off-site marketing signs for
different developments must be at least two-hundred tifty 12501 feet from any other
off-site marketing sign.
4. Grand Opening Sign.One(1)grand opening sign not to exceed thirty-two
square feet in area and eight(8)feet in height.
5. Construction sign.One construction sign per non-single family lot not to
exceed thirty-two(32)square feet in area and five(5)feet in height.
6. Off-Premise Sponsorship Signs. There is no limit to the quanti1y of Off-Premise
Sponsorshin Signs permitted on a lot. Individual Signs not to exceed thirty-two 32
square feet in area.
8-11-9 PERMITTED SIGNS—BUSINESS ZONING DISTRICTS
A. PERMANENT SIGNS
1. Free Standing Business Sign
On lots less than three acres with one(1)street frontage one(1)free standing business
sign thirty-two square feet or less feet in area and eight(8)feet or less in height shall
be allowed. If the lot has more than one street frontage,one(1) free standing business
sign thirty-two square feet or less in area and eight(8)feet or less in height per street
frontage with an entrance/exit shall be allowed.
On lots three acres or larger with one(1)street frontage, one(1)free standing
business sign sixty-four 64 square feet or less in area and eight(8)feet or less in
10
Draft September 30,2009
height shall be allowed. If the lot has more than one street frontage,one(1)free
standing business sign sixty-fours square feet or less in area and eight(8)feet or
less in height per street frontage with an entrance/exit shall be allowed.
On lots three acres or larger that have a street frontage(s) in excess of eight hundred
°800 p feet with two entrances/exits at least six hundred (60 0)feet apart may have two
free-standing business signs sixty-four square feet or less in area and eight(8)feet 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 is made of.The sign panel color attd !ype'nust match LDeleted:contazmng the I
the color and type used on any wall mounted signage. Lleted:and the
No more than 50%of the free standing 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 not exceed two(2)square feet for each one(t)lineal foot of the facade of
the building with a public entrance.No wall sign shall extend more than 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(1) lineal 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 75%of the width of that part of the building facade in which it
is located.
C. No more than 50%of the building mounted sign area may be composed
of a message board sign.
B. TEMPORARY SIGNS
I. Searchlights
II
Draft September 30,2009
2. Cold air inflatable devices
3. Grand opening sign.One(1)grand opening sign not to exceed thirty-two
square feet in area and eight(8)feet 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
(5)feet in height.
5. Construction signs.One construction sign per lot not to exceed thirty-two
(32)square feet in area and five(5)feet 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 sign. One Portable Sign per business not to exceed sixteen(16)
square feet in area.
9. Off Premise Sponsorship Signs. There is no limit to the quantity of 0ff-
Premise Sponsorship Sians permitted on a lot. Individual Signs not to
exceed thirty-two(32)square feet in area.
8-11-10 PERMITTED SIGNS—MANUFACTURING ZONING DISTRICTS
A. PERMANENT SIGNS
1. Free standing business Sign
On lots less than three acres or on lots that face a residentially zoned or used lot with
one(1)street frontage,one free standing business sign shall be allowed. Said sign
shall be thirty-two(32)square feet or less in area and eight(8)feet or less in height. If
the lot has more than one street frontage, one(1)free standing business sign thirty-two
square feet or less in area and eight(8)feet or less in height per street frontage with an
entrance/exit shall be allowed.
On lots three acres or larger with one(1)street frontage,one(1) free standing business
sign shall be allowed Said sign shall be a maximum of sixty-four(64)square feet or
less in area and eight(8) feet or less in height shall be allowed. If the lot has more than
one street frontage, one(1)free standing business sign sixty-four square feet or less in
12
Draft September 30,2009
area and eight(8)feet or less in height per street frontage with an entrance/exit shall
be allowed.
On lots three acres or larger that have a street frontage(s) in excess of 800 feet with
two entrancestexits at least 600 feet apart may have two free-standing business signs
sixty-four square feet or less in area and eight(8) feet 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 is 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 50%of the free standing 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(1) lineal 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(1) lineal 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. No more than 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 square feet in area or Five(5)feet in height.
13
Draft September 30,2004
3. Construction signs.One construction sign per industrial lot not to exceed
thirty-two(32)square feet in area and ten(10)feet in height.
4. Banners/Special Business Event sign.One Special Business Event sign per
business not to exceed thirty-two(32)square feet in area and ten(10)feet
in height.
5. Portable sign. One Portable Sign per business not to exceed sixteen(16)
square feet in area.
6. Wind feathers.No limit on the quantity per lot.Time period not to exceed
thirty(30)days.
7. Off-Premise Sponsorship Signs. There is no limit to the quantity of Oft-
Premise Sponsorship Signs permitted on a lot. Individual Signs not to
exceed thirty-two(32)square feet in area.
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 a clear intent on the part of the owner to
abandon a nonconforming sign,such sign shall not, after being discontinued or
abandoned,be re-established and the sign hereafter shall be in conformity with the
regulations of this ordinance.
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(50)percent 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 ordinance. In the event the damage or destruction is less than fifty
14
Draft September 30, 2009
(50)percent 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 such partial destruction until the nonconforming sign is otherwise abated by the
provisions of this ordinance. 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 of this ordinance.
New temporary signs shall be allowed only in conformance with the provisions
contained in this ordinance. Such signage must be removed by the close of business of
the day the temporary sign permit expires.
8-11-12 PERMITTING PROCEDURES
Permits for Permanent and Temporary Signs
A. 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 ordinance.The fee for granting such a permit shall be
established by the City Council.The schedule of fees shall be posted in the City
offices and may be amended only by the City Council.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.
B. 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.
15
[ Draft September 30,2009
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.
C. Temporary Sign Permit Frequency and Duration per business:
Type of Sign Maximum Duration Maximum frequencv
Banners 14 days five times per year
Portable 14 days five times per year
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 fee) renewable($5 fee)
Construction during active building permit issuance
[
Off-Premise Sponsorship 12 months renewable
SECTION 8-11-13 SIGN VARIATIONS
In addition to the procedures and standards listed in Section 10-14-5 of the Zoning
Ordinance 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:
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 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.
16