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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