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Ordinance 1995-29 P STATE OF ILLINOIS COUNTY OF KENDALL AN ORDINANCE PROVIDING FOR THE REGULATION OF SIGNS IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE 1995- WHEREAS THE UNITED CITY OF THE VILLAGE OF YORKVILLE IS in need of an Ordinance regulating the use of Signage in the VILLAGE OF YORKVILLE; and WHEREAS THE UNITED CITY OF THE VILLAGE OF YORKVILLE by and through its Mayor and City Council deem it to be in the best interest of the CITY OF YORKVILLE to enact such an Ordinance: NOW THEREFORE THE UNITED CITY OF THE VILLAGE OF YORKVILLE acts as follows: I That all signage from this day forward shall conform with this Ordinance in all respects. II DEFINITIONS A. BANNER Any sign of lightweight fabric or similar material that is displayed on a pole or a building. national flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. B. CORNER LOT—A lot with property lines of two(2) streets bisecting on an angle. C. FACADE—The face or wall of a building as it is presented to view; the apparent width and/or height of a building as viewed from streets, driveways, and parking lots. Minor changes in wall elevations do not constitute the creation of additional facades. D. FLAG—A fabric or bunting containing distinctive colors, patterns, or symbols used as a symbol of a government, political subdivision, or other entity. E. MESSAGE BOARD--A panel which uses changing and/or flashing lights to electronically communicate copy. A panel with lights flashing time and temperature only is not a message board. F. PENNANT—Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope,wire, or string. 1 G. SIGN Any structure, vehicle, device, or any part thereof, intended to be seen by persons in the public right-of-way which 1. Shall be used to identify, advertise, or attract attention to any • object • product • place • activity • person • institution • organization • firm • group • commodity • profession • enterprise • industry • business 2. Shall display or is intended to display or include any • letter • word • model • number • banner • flag • pennant • insignia • device • representation used as announcement, direction, or advertisement, and which is intended to be seen by persons in the public right-of-way. The definition of"sign" shall not, however, be interpreted as prohibiting any structure, vehicle, device, or any part thereof used for the purpose of disseminating political, economic, social, or philosophical ideas entitled to constitutional protection as non- commercial speech. In any instance where this ordinance would prohibit any such activity, the conditions of this ordinance shall be interpreted as permitting the utilization of a sign to express such non-commercial speech subject to such other limitations as are included in this ordinance. 3. Sign types are defined as follows: a) Animated Sign—Any sign that uses movement or change of lighting to depict action or create a special effect or scene. 2 b) Business Sign---A sign which directs attention to a business, commodity, service activity, idea, slogan, or entertainment conducted, sold, offered, or available upon the premises where such sign is located or to which it is affixed. c) Canopy--Any sign that is part of, or attached to, an awning, canopy, or the fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy. d) Commercial Sign or Sign of Commercial Nature Any sign, the content of which advertises or publicizes any business, commodity, service, activity, idea, slogan, or entertainment conducted, sold, offered, or available by a person, corporation, or entity which has as its goal or effect the distribution of profits to the owners of the advertising enterprise. e) 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. f) Ground Sign—A permanent sign which is supported by uprights or braces securely anchored in the ground, with no more than two (2) feet of clear space between the bottom of the face of the sign and the grade beneath the sign face. g) Identification Sign—A sign used to display and identify the name of the individual, business, profession, organization, or institution occupying the premise upon which sign is located. h) Inflatable Sign—A sign inflated with air or helium, such as a balloon. i) Marquee Sign—A sign attached to any permanent roof-like structure of rigid materials supported by and extending from the facade of a building. j) Permanent Sign—Any sign which is not a temporary sign, and which is designed to be in compliance with the currently-adopted BOCA Basic Building Code. k) Pole Sign—Any business sign having a supporting structure with a size less than 25 percent of the two (2)feet of clear space between the bottom of the face of the sign and the grade beneath the sign face. 1) Portable Sign—Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to, signs designed to be transported by trailer or means of wheels, menu and sandwich board signs,or balloons used as signs. m) Projecting Sign—Any sign affixed to a building or wall in such a manner that its leading edge extends more than twelve inches beyond the surface of such building or wall. n) Residential Development Sign—A permanent ground sign placed at the major entrances to and identifving a residential development. o) Real Estate Sign---A temporary business sign placed upon a property advertising that particular property for sale, rent, or lease. 3 p) Roof Sign—Any sign erected or constructed wholly on and over the roof of a building and supported by the roof structure. q) Temporary Sign—A sign intended to be displayed a limited length of time, as per Section and is not permanently mounted. r) 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 normal business operation or for employee transportation is not a vehicle sign. s) Wall Sign--Any sign attached parallel to, but within twelve inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which only sign surface. t) Window Sign—Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. H. Street Frontage—The distance for which a lot line of a zoned lot adjoins a public street, from one lot line intersecting said street to the furthest-distant lot line intersecting the same street. III PROHIBITED SIGNS A. Advertising signs or billboard (NOTE: This prohibition relates to residential and commercial zoning districts and commercial signs only). B. 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. In authorizing the latter exemption, the corporate authorities find it in the public interest to retain this historic symbol of American commerce. C. Searchlights, except searchlights permitted for grand openings with temporary permits. D. Flashing signs and message boards(except that time and/or temperature signs). E. Free standing panels or flags used to advertise products, prices, and services, or to attract attention. F. Illumination which is not steady and constant. G. Windows painted in excess of fifty(50)percent. 4 H. Roof signs. I. Vehicle signs. J. Pennants. IV PERMITTED SIGNS A. ALL DISTRICTS Unless otherwise stated, signs listed in Section A are permitted in all z nes and shall not require a sign permit. Such signs shall not be counted when calculating the number of signs or signage-square-footage on a premise. However, such signs shall conform with the general regulations, e.g., height, area, setback, clearance, etc., for signs enumerated in the remainder of this ordinance. 1. Name and address plates which give only the name and address of the resident of the building. 2. Memorial signs or tablets and signs denoting the date of erection of buildings. 3. No trespassing signs or other such signs regulating the use of a property. 4. Real estate signs. 5. Signs regulating on-premise traffic and parking, and sign denoting section of a building such as lavatory facilities and public telephone areas Signs must conform to the state uniform sign code. 6. Signs erected by a governmental body or under the directi n of such a body, and bearing no commercial advertising, such as traffic signs, railrc ad crossing signs, safety signs, and signs identifying public schools and playgrounds. Signs must conform to the state uniform sign code. 7. Signs identifying places of worship when located on the premises thereof. 8. Bulletin boards for public, charitable, or religious institutions, if used exclusively for noncommercial announcements. 9. The flag, pennant, or insignia of any government, or of an religious charitable, or fraternal organization. 10. One logo flag of a company shall be allowed provided that it is flown with the American flag and shall not be larger than that flag. 5 11. Temporary signs advertising the sale of edible farm products on the premises, advertising auctions, political candidates, or special events of charitable or public service groups. 12. Garage sale signs may be placed at the curbs in Residential Districts. Only one sign per street frontage per event is permitted. Such signage may only be placed on the property upon which the sale is conducted only for the duration of the sale. 13. Window signs of paper or similar material shall be allowed in Business Districts, provided that such signs are to be used to notify the public of special sales or current prices, business hours and/or health regulations. 14. Signs advertising company or group engaged in on-site construction or rehabilitation may remain for the duration of such work. 15. Temporary signs advertising City-sanctioned special events as approved by the Code Official. B. PERMITTED SIGNS—RESIDENTIAL DISTRICTS 1. Nameplates and identification signs, subject to the following: a) For one- and two-family dwellings, there shall be not more than one (1) nameplate for each dwelling unit, indicating the name and address of occupant or a permitted occupation, except that on a corner lot two (2) such nameplates for each dwelling unit, one (1) facing each side of the street shall be permitted. b) For multiple-family dwellings, for apartment hotels, and for buildings other than dwellings, a single identification sign indicating only the name and address of the building and the name of the management thereof may be displayed provided that on a corner lot two(2) such signs, one(1)facing each street, shall be permitted. c) Identification signs for non-residential uses, e.g., public and quasi-public buildings, churches, cemeteries, golf courses, private nonprofit recreational areas, provided that such signs are limited to one sign per building. Permanent sign permit is required. d) Permanent residential development signs at entrances to a residential development or residential planned unit development and containing no commercial advertising. constructed of material which is the same or of a more permanent nature than the material used in the buildings. A permanent sign permit is required for each sign. e) Temporary residential marketing signs at major entrances to planned unit developments or residential subdivisions. Temporary sign permits and approvals by the sign review board are required. In determining the number, location, and duration of such signs,the Code Official shall consider the following factors: i) Location of the development; 6 ii) Size of the development iii) Visibility the sign will achieve at the particular entrances at which signage is sought: iv) Proximity of existing and proposed residences; v) Size of the proposed signage, both with regard to individual signs and with total signage requested. 2. Temporary residential off-site marketing signs shall be allowed at not more than four (4) off-site locations within the City of Yorkville to call attention and give directions to the development. Each sign may be located in any zoning district, provided that there is one-quarter (1/4) mile separation from each other, and that no such sign shall be closer to an existing residence than one hundred (100) feet. A temporary sign permit is required for each sign. C. PERMITTED SIGNS—BUSINESS DISTRICTS 1. All signs permitted in residential districts. 2. Ground or pole signs one (1) per street frontage, not to exceed one hundred (100) square feet in area or six (6) feet in height, for a ground sign or twenty (20) feet in height for a pole sign unless said establishment is directly accessible by car and provides a minimum of four (4) parking spaces on the premises where such sign is displayed. A permanent sign permit is required for each sign. 3. Wall signs—A permanent sign permit is required for each sign. a) Single-use buildings—two (2) signs per facade, but not to exceed a total of four (4) such signs. b) Multi-tenant buildings—one (1) sign per individual business or enterprise, two (2) signs per corner unit, one on each facade. A wall sign may be placed on any face of a building oriented to a public street, the main parking lot of the parcel, or a major access road. D. PERMITTED SIGNS—MANUFACTURING DISTRICTS 1. All signs permitted in residential districts and business districts. 2. Ground or pole signs—One (1) per street frontage. A permanent sign permit is required for each sign. 3. Wall Signs—Wall signs are limited to an area equal to ten (10) percent of the facade area upon which the sign is to be mounted. A permanent sign permit is required for each sign. 4. Billboards, advertising signs, and poster panels—A permanent sign permit is required for each sign. The following requirements must be met: 7 a) The total area of all such billboards, advertising signs, and poster panels cannot exceed two hundred seventy-five(275) square feet. b) No advertising sign or billboard shall project higher than twenty (20) feet above the ground level beneath it. c) No advertising sign shall be located within five hundred (500) feet of any public park of more than five (5) acres in area, or any freeways, expressways, and toll roads designated as such in the r<eords of the governing authorities. d) No advertising sign shall be loc ted within five hundred fifty (550) feet of any property located in a Residential )istrict. 5. Real estate signs as follows: a) One(1)sign per street frontage. b) Sign area cannot exceed twenty (20) square feet per face for each one (1) acre of contiguous land area,not to exceed a maximum of four hundred (400) square feet of area per sign face and ten (10) feet in height. A temporary sign permit is required for each sign. NONCONFOI NUNG SIGNS A. All permanent signs which are in existent at the time of passage of this ordinance, but which do not conform to one or more provisions of this ordinance, shall be deemed to be a legal, nonconforming use and may be conti cued only as provided in this section. B. Any nonconforming sign rendered nonconforming by the provisions of any subsequent amendment to the sign ordinance may be continued in use for a period of three (3) years after the effective date of that amendment; provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted. C. Any nonconforming sign which has not bec;n removed or rendered conforming on or before the date of its required abatement shall be deemed a nuisance and may be abated as provided by law or ordinance provided. However, any such nonconforming sign, the value of which is less than $500.00, may be con'inued in use for a period of six (6) months after the effective date of this amendment. D. Any owner of property containing a sign which was granted a variance under prior versions of the sign regulations of the City may only display signs upon their premises as shall be in accordance with the terms of the variance granted. In the event that the terms of the variance previously granted is not complied with, such signs which were nonconforming uses pursuant to the comprehensive amendment shall be removed within thirty(30)days. E. 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 8 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. F. Whenever a nonconforming sign has been discontinued for a period of six (6) months, or whenever there is evident 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. G. Normal maintenance of a nonconforming sign is permitted, including necessary nonstructural repairs or incidental alternations which do not extend or intensify the nonconforming features of the sign. H. No structural alteration, enlargement, or extension shall be made in a nonconforming sign, except when the alteration will actually result in eliminating the nonconformance. I. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty (50) percent or more of its 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 (50) percent of its replacement value based upon prevailing costs, the sign may then be restored to its original conditions 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, restoration or repair must be started within a period of thirty(30)days from the date of damage or destruction, and completed within sixty (60) days after beginning restoration or repair. J. Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six (6) months from the date of passage of this ordinance. New temporary signs shall be allowed only in conformance with the provisions contained in this ordinance. K. The Code Official shall, after passage of this sign ordinance, notify each owner of a nonconforming sign, and the manner in which such sign is not in compliance with this ordinance. The Code Official shall further notify each owner of a nonconforming sign that such sign must either be brought into compliance with this ordinance or removed prior to its required abatement date. VI. ILLUMINATION OF SIGNS The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct rays reflecting into the public way or any lot on the perimeter of the premises on which the signs are located. Exposed light bulbs, neon tubing, flashing, blinking, traveling, and similar illumination, including illuminated canopies, are not permitted. 9 VII COMPUTATIONS OF SIGNAGE A. Computation of Area of Individual Signs 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, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. A double-faced sign shall count as a single sign. B. Computation of Heights The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or grade of the land at the principal entrance to the principal structure on the zoned lot,whichever is lower. C. Computation of Maximum Total Permitted Sign Area for a Zoned Lot The permitted sum of the area of all individual signs on a zoned lot shall be the total square foot area of all signs erected or maintained upon a building or lot of record not exceed two (2) square feet for each linear foot of frontage of building thereon. Buildings having frontage on more than one dedicated street will be allowed signage for frontage on each street in accordance with the above formula. The above signs are limited to an area equal to ten percent (10%) of the facade upon which the sign is to be mounted. D. Signs shall not exceed the sizes shown in Table Ion page 11. 10 Table I TYPE OF SIGN MAXIMUM SIZE Billboards, advertising signs, and poster panels 275 square feet (Manufacturing District) 20 feet above ground Bulletin boards for public, charitable, or 32 square feet religious institutions Garage sale 6 square feet Ground or pole signs 100 square feet or 6 feet in height (Ground sign-Business District) 100 square feet or 20 feet in height. (Pole sign-Business District) (Ground/Pole sign-Manufacturing District) Memorial signs or tablets and signs denoting 5 square feet the date of erection of buildings Name and address plates One- and two-family dwellings 1 1/2 square feet Multiple-family dwellings 9 square feet Non-residential uses 32 square feet and 6 feet in height* *(Height applicable to ground sign.) No trespassing signs 2 square feet(Residential Districts) 6 square feet(Commercial, Office and Industrial Districts) Real estate signs Residential real estate(individual) 6 square feet Residential marketing(development) 64 square feet or 10 feet in height Temporary residential off-site marketing 32 square feet and total of 10 feet in height Manufacturing Districts 20 square feet per face per 1 acre contiguous land area,not to exceed 400 square feet per sign face and 10 feet in height Signs advertising company or group engaged 6 square feet in on-site construction or rehabilitation Signs regulating on-premises traffic and 6 square feet parking or sections of buildings Temporary signs/Temporary portable signs 32 square feet Wall signs 10% of facade area(Manufacturing District) Window signs for business hours/health 4 square feet regulations Window signs of paper for special 50 percent of total window area sales/current prices 11 VIII PLACEMENT OF SIGNS A. On Lots—Signs shall be placed no closer than five (5) feet to any lot line. Gasoline prices, one per street frontage, not to exceed twenty-four (24) square feet, may be placed within one (1) foot of the lot line where it does not obstruct the view of traffic nor exceed fifteen (15)feet in height when mounted on light standards. B. On Corner Lots—Within that part of a 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, no sign shall be constructed having a height of more than thirty(30) inches or as required to provide necessary sight distance. IX PERMITTING PROCEDURES A. PERMITS FOR PERMANENT SIGNS Permits to build new permanent signs or to alter or move existing permanent signs: 1. No permanent sign shall hereafter be erected, altered, or moved until the person proposing to erect, alter, or move such sign shall have obtained 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, or upon appeal of the Code Official's determination, has received approval from the Sign Review Board. The fee for granting such a permit shall be established by City Council. The schedule of fees shall be posted in the City offices and may be amended only by the City Council. 2. Any person desiring a permit for a permanent sign shall file a permit application which shall contain or have attached thereto the following information: a. Name, address, and telephone number of the applicant. b. Name(s) of the person, firm, corporation, or association erecting, altering, or moving said sign. c. A plat of survey, or a plan acceptable to the Code Official,that shows the location of the building, structure, or lot to which the sign is to be attached or erected, and showing the position of the sign in relation to nearby buildings and thoroughfares. d. A plan drawn to scale showing the design of the sign, materials used, and the method of construction and means of attachment to the building or ground. e. Written consent of the owner of the land on which the sign is to be erected, altered,or relocated. 12 f. Any other information necessary for the Code Official to determine full compliance with this and all other applicable City ordinances. B. PERMITS FOR TEMPORARY SIGNS 1. All temporary signs, except those enumerated in Section N.A., shall have a permit. Possession of a valid permit for a temporary sign shall entitle the owner to display such sign for the time period specified thereon. Permits for temporary signs must be kept on the premises where signs are displayed. 2. Permit applications for a temporary sign shall be made on the permit application form provided by the Code Official. The fees for granting such permits shall be established by the City Council. The schedule of fees shall be posted in the City Administrative Offices, and may be amended only by the City Council. 3. Duration of temporary signs shall not exceed the time shown in Table II. Table II Tvne o Temporary Sign Maximum Duration Advertising a special sale 14 days, 3 times per year Banners 14 days, 6 times per year Commercial or industrial real estate signs 6 months, renewable on a 6-month basis Inflatable balloons 72 hours (for grand openings only) Residential marketing signs 5 days after premise or lot advertised has been sold, rented, or leased Searchlights 72 hours (for grand openings only) X SIGN REVIEW BOARD A. Appointment—A Sign Review Board is hereby established which shall consist of five (5) members,to be appointed by the Mayor with consent of City Council, one of whom shall be designated by the Mayor as Chairperson. B. Terms The Sign Review Board Members shall be appointed for a term of four (4) years, or until their respective successors are appointed, and qualified; except that of the initially appointed Review Board, one (1) member shall serve for one (1) year, one (1) member for two(2)years,two(2)members for three(3)years, and one(1)member for four(4)years. C Qualification of Members—At least two (2) members shall be businesspersons who each has not less than three (3) years experience as a businessperson in the City of Yorkville and shall maintain such status; and three (3) members shall be appointed at large. Members 13 appointed to fill vacancies shall have the same general qualifications required for their predecessors. D. Meetings—Meetings of the Sign Review Board shall be held at the call of the Chairman, or as prescribed by its rules. Three(3)members shall constitute a quorum. E. Rules and Records—The Sign Review Board shall adopt its own rules and regulations and keep minutes of its meetings. F. Authority--The Sign Review Board shall have the duty or power to: 1. Review and make a determination on any appeals to any order, requirement, decision, or determination made by the Code Official in the enforcement of this article. 2. Review all applications for variances to this ordinance, conduct any necessary public hearings, and recommend action to the City Council. 3. Administer oaths to persons testifying at such public hearings deemed necessary for F.2., above. XI VARIATIONS A. Right to Appeal for Variation. Any person found in violation of this ordinance by any decision of the Code Official may take an appeal from the decisions or apply for a variation from the requirements of this ordinance to the Sign Review Board. Applications for variations may also be made in the absence of a finding of violation. B. Time for Filing Appeal or Application. The appellant or applicant must file with the Code Official no later than thirty (30) days after receiving notice of such violation, a Notice of Appeal or Application for Variation, directed to the Sign Review Board, specifying the ground thereof and relief sought. C. Right to Public Hearing. The Sign Review Board shall grant to each appellant or applicant a public hearing. 1. Date of Hearing—The Sign Review Board shall, within thirty (30) days after the date of filing of the appeal or application, set a date for the hearing, and have published a notice of said public hearing. 2. Notice of Hearing—The Sign Review Board shall give not less than fifteen (15) nor more than thirty (30) days notice of the hearing. Such notice shall contain the address of the property in question, the owner of the property and the nature of the application or appeal. A copy of the notice shall be mailed to the appellant or applicant, and also the complainant if the hearing arises from the complaint of a person other than the Code Official. 14 D. Continuances. The Sign Review Board may, in its discretion, grant continuances, and shall notify the appellant or applicant and any complainant with respect to the appeal or application, or any continuance. E. Sign Review Board's Decision. After hearing an appeal, the Sign Review Board shall affirm, modify, or reverse the decision of the Code Official or order him/her to act; after hearing an application for variation, the Sign Review Board shall grant or deny the relief applied for or shall grant such other relief as it deems proper. The decision will be referred to the City Council for final approval. F. The Sign Review Board shall require from the applicants such sketches, drawings, or photographs as shall be necessary to indicate the present condition of the property or sign and the condition of the property or sign after the variation is granted. The Sign Review Board may impose reasonable restrictions or conditions which the applicant shall be required to observe if the variance is granted. In considering the application for variance, the Sign Review Board shall consider any unique physical property of the land involved, the available locations for adequate signing on the property, the effect of the proposed sign on pedestrian and motor traffic, the cost to the applicant of complying with the sign ordinance as opposed to the detriment, if any, to the public from the granting of the variance and general intent of the sign ordinance. XI MAINTENANCE A. The owner of a sign and the owner of the premises on which said 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. XHI ABANDONED SIGNS A. Except as otherwise provided in this Ordinance, any temporary sign installed for 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. B. Permanent signs applicable to a business suspended because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed 15 a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty(30)days. XIV 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 by removed or repaired at the order of 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. PASSED AND ENACTED THIS DAY OF 1995. r , CL 1 MA R r _ Law Office of Daniel J. Kramer 1107A. S. Bridge St. Yorkville, IL 60560 (708) 553-9500 16