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Zoning Board of Appeals Packet 2006 09-06-06 J� oT United City of Yorkville 800 Game Farm Road ESE Yorkville, Illinois 60560 Telephone: 630-553-4350 0� p•. Fax: 630-553-7575 AGENDA ZONING BOARD OF APPEALS Wednesday, September 6, 2006 7:00 P.M. City Council Conference Room REVISED 8/31/06 Meeting called to order: 7:00 p.m. Roll Call: Previous Meeting Minutes (Corrections/Approval): August 2,2006 and August 8,2006 Public Hearings: Old Business: 1. ZBA 2006-58 - Paul and Susan O'Brien, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois requesting a variance from Yorkville City Code. The real property's address is located at 207 W. Ridge St. The petitioner is requesting a variance to Zoning Ordinance 10-6C-4:B for a request to reduce the minimum side yard setback from ten(10) feet to three (3) feet. Additional Business: 1. Draft Sign Code Adjournment: V , UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS YORKVILLE CITY HALL COUNCIL CHAMBERS WEDNESDAY,AUGUST 2,2006 Chairman Bill Davis called the meeting to order at 7:20 p.m. Roll call was taken. There was not a quorum. Board Members in Attendance Bill Davis, Ralph Pfister, and Ryan Woods. City Staff in Attendance Anna Kurtzman, ICCI. Guests Cullen Brown, Chuck Gilmann, and Paul Bertie, Atwell-Hicks; William Woodward, KLOA,Inc.; Katie Cunningham, Gardner, Carton and Douglas; Richard Hayes,John Waggoner and Pamela Nunley, PB2; and John Borneman, Kendall County Record. Because there wasn't a quorum,the members of the Zoning Board of Appeals opened the meeting and decided to reconvene at 7 p.m. Aug. 8. Page 1 of 8 RAFT UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS MEETING Tuesday,August 8,2006, 7PM City Conference Room Board Members in Attendance Bill Davis Harold Feltz Mike Skinner Ryan Woods Ralph Pfister Ben Moe Other City Staff in Attendance Anna Kurtzman, ICCI Travis Miller, Community Development Director(approx.9:45 following City Council meeting) Guests: Paul Bertie, Wal-Mart Katie Cunningham, Gardner, Carton&Douglas (Wal-Mart) Chuck Gilmore,Atwell-Hicks/Wal-Mart William Woodward, KLOA (traffic engineer) John Waggoner,Wal-Mart(PB2) Richard Hayes, Wal-Mart(PB2) The meeting was called to order at 7:00pm by Chairman Bill Davis. Roll call was taken and a quorum was established. Previous Meeting Minutes July 5,2006 Ryan Woods and Mike Skinner respectively moved and seconded to approve the minutes as read. Old Business: On a motion and second by Mike Skinner&Harold Feltz, Old Business 2006-41 was opened. Carried on a voice vote. Ms. Kurtzman said that this is a continuation of the request from July (variance requests for Wal-Mart) and Mr. Davis so noted. Ms. Katie Cunningham then introduced herself as an attorney with Gardner, Carton& Douglas from Chicago on behalf of Wal-Mart and Atwell-Hicks, engineers for Wal-Mart. She introduced the others present. Page 2 of 8 Paul Bertie of Atwell-Hicks reviewed 2 parking and 3 signage variances being requested at this meeting: 1. Variance to maximum width of a drive entrance to a site, from 25 feet to 36 feet. He said 25 feet is for a residential driveway. 2. Variance to standard parking stall dimensions from 19 feet x 9 feet for angled parking and 8 feet x 18.5 feet for straight parking TO 9.5 feet x 18.5 feet in the customer-preferred angled parking. 3. They are requesting 3 rather than 2 signs for their corner lot. Two would be "Wal-Mart Supercenter, open 24 hours" signs and one directional. 4. Sign height being requested is 30' tall, 10' taller than allowed. 5. Requesting 140 square feet rather than 100 square feet allowed on signs Mr. Bertie also demonstrated where the signs would be located and said 2 would be at the entrances, while the 3rd is a 20-foot tall directional sign for Tire &Lube Express. John Waggoner, Sr. Design Architect then addressed the committee. He is requesting the following: 1. A variance in the height of the building from 30.8 feet to 41.8 feet due to the articulation of the entrances. 2. A variance in the number of directional signs on the building facade. The committee then discussed the requests. Mr. Skinner asked about similar requests on other Wal-Mart projects. Mr. Bertie answered that in the surrounding states where Wal- Mart projects have been completed, no variance requests have been disapproved. He added that Wal-Mart has two types of signs: the pole signs and the monument signs. Mr. Skinner noted that the height of the building is already going to be taller than normal and he is in favor of a monument style sign. The outlot buildings will not be as tall as the Wal-Mart and those buildings would be limited to a height of 35 feet. The surrounding zoning was discussed and Ms. Kurtzman said there is a request coming before the Plan Commission to zone all of the property being discussed, as commercial. Due to the number of variance requests, Chairman Davis suggested that the committee should consider each one separately. The first one discussed was the variance for the building height. Mr. Feltz asked if the Fire Department could service a building this height; they can service up to 5 stories. The next consideration was the variance for the number of free-standing signs from 2 to 3 signs. Mr. Woods recommended the monument signs at the entrances and also lowering the tire and lube sign by 10 feet. There was further discussion of sign heights and related visibility. It was noted that the signs will be more difficult to see once the area is more developed and that Wal-Mart is creating that situation by selling the outlots. Speed on Rt. 34 is also a factor in the visibility of the signs. Page 3 of 8 A motion was made by Ryan Woods and seconded by Ralph Pfister to close the Public Hearing. Carried on a voice vote. New Business: Harold Feltz moved and Ben Moe seconded to enter into New Business. Carried on voice vote. The following comments regarding the signs were made by committee members: there are many signs between the building and pole signs,visibility is not an issue. Local people will know where Wal-mart is located, signs are for benefit of out-of-town visitors, should not go against standards in place Chairman Davis asked Mr. Bertie about the parking stall size changes. Customers prefer angle parking and the ease of maneuvering carts between cars parked in this manner. It was noted that there will be more paving with angle parking and therefore more water to collect there when it rains,however,there will be a retention pond for drainage. The building height was addressed again and Ms. Kurtzman said there is nothing in the code regarding the height as it pertains to final approval. The committee agreed to recommend the height variance request. Mr. Davis suggested the height could be tied to the monument signs. He said the size of the building and fagade has visual awareness, thereby negating the need for the pole signs. He added that the ZBA committee is looking at a shift to erect all monument signs and noted that Montgomery is asking their businesses to remove pole signs over a 2-year period. Mr. Bertie said he would be comfortable with 15 foot signs, except for the tire and lube sign and he requested that it not be a monument sign. A bricked-in pole sign was also suggested and Menards' sign was cited as an example. Mr. Moe said a pole sign would be ok providing it were made more appealing and to not allow the tire and lube sign could create a hardship. Several committee members said 15 feet was too high for this sign and that it should not be any higher than IDOT uses for directional signs. The tire and lube sign was also mentioned as presenting too much clutter,however, it was noted that this sign is considered directional. There was no further discussion in New Business so Ms. Kurtzman said it would be appropriate to review the Finding of Fact and she briefly reviewed each of the variance requests; the first 3 being zoning requests and the last 4 are signage requests. The variance requests were discussed in the order they appeared on Ms. Kurtzman's memo included in the agenda packet and are as follows: Page 4 of 8 1. Increase the maximum height of a principal building from 35 feet to 41 feet 8 inches (Section 10-7D-6). 2. Increase the maximum width of a curb cut from 25 feet to 36 feet (Section 10-11- 3:E) 3. Reduce the length of a parking stall from 18.5 feet for 90 degree parking stalls and from 19 feet for 60 degree parking stalls to 18 feet(Section 10-11-3:C) FINDING OF FACT [for zoning]: 1. ...any unique physical property of the land involved? Comments: Wal-mart could follow strict letter of ordinance,but these requests are to suit Wal-Mart's needs. 2. ...conditions.. are unique to property and not applicable to other properties... Comments: Each property is unique,property is on a corner 3. ...difficulty not created by any person having interest in property.. Comments: Alleged hardship is created by Wal-Mart,not past title-holders,hardship by design of property 4. ...granting of variation not detrimental to public welfare.. Comments: wider turn lanes and parking stalls would be helpful, height could be visual nuisance,but no public objecting that it is detrimental 5. ...proposed variation does not impair adequate supply of air... Comments: no public present saying this variation diminishes property values Recommendations on 1St three zoning requests: 1. Mr. Woods moved to accept variance for maximum height of the principal building from 35 feet to 41.8 feet. Chairman Davis added to this recommendation that the height is being allowed, but balanced with the signage. Mr. Skinner seconded,then added that there was no consensus about the signs yet. It was suggested that there be an addendum to the Council regarding the signage. The motion was then rephrased to exclude the signage portion. Mr. Skinner seconded the amended motion. On a roll call vote,the motion carried unanimously. 2. Ryan Woods then moved to increase the maximum width of the curb cut from 25 feet to 36 feet and Harold Feltz seconded. Motion carried on a unanimous roll call vote. 3. It was moved and seconded by Mr. Woods and Mr. Moe respectively, to reduce the length of the parking stalls from 18.5 feet for 90 degree parking stalls and from 19 feet for 60 degree parking stalls to 18 feet. Carried unanimously on a roll call vote. Page 5 of 8 Remaining 4 variance requests: 4. Have a free-standing sign located interior to the lot(Section 8-11-4-C2 stipulates that signage is to be located along the perimeter of the property) 5. Increase the maximum height of a free-standing sign from the allowable 20 feet to 30 feet for two signs (one at the southeast corner of property adjacent to Route 34 and one along Countryside Parkway) (Section 8-11-4-C2) 6. Increase the maximum allowable area of a free-standing sign from 100 sq. ft to 140.5 feet for two free-standing signs (Section 8-11-4-C2) 7. Increase the number of signs located on a facade from the maximum allowable of 2 per facade(total maximum of 4) to 19 along the south facade,5 along the east facade and 8 along the west facade (Section 8-11-4-C3a) FINDING OF FACT [for signage]: 1. ...any unique physical property of the land involved... Comments: not unique, it is corner lot 2. ...available locations for signage on this property... Comments: very adequate 3. ...effect of proposed sign on pedestrian and motor traffic.. Comments: All traffic will be able to see signs based on board's recommendations 4. ...cost to applicant of complying...as opposed to detriment Comments: not an issue 5. ...detriment to public from granting of variance Comments: granting this variance would be doing disserve to City by allowing so much signage 6 ...general intent of chapter... Comments: to keep signage under control Recommendations on remaining 4 variance requests: 1. A recommendation was made by Woods to accept free-standing sign located interior of lot(the 3rd sign). Pfister seconded that recommendation. The roll call vote was split evenly. 2. A new motion was made by Pfister to accept a free-standing sign located interior to the lot,to be located along the perimeter of the property. Second by Woods. Motion did not carry on a roll call vote. Page 6of8 3. Another motion was made by Woods to accept the maximum height of the free- standing height from the allowable of 20 feet to 30 feet for 2 signs. Second by Skinner. Motion did not carry on a roll call vote. 4. Motion by Woods to increase the maximum allowable area of a free-standing sign from 100 sq. ft. to 140.5 sq. ft. for 2 free-standing signs. Second by Pfister. Not carried on a roll call vote. 5. Motion by Woods to increase number of signs located on a fagade from maximum allowable 2 per fagade to signage based on exhibit by PB Engineering of April 7t , later revised on May 17, 2006. Second by Moe. Roll call vote carried unanimously. Mr. Skinner then asked to address the guests. He said the Board has a responsibility to the Yorkville citizens to create a more appealing look in signage,but a compromise is needed from Wal-Mart. He added that the signs reflect the look of their signs 15 years ago, but there is a new type of consumer. He asked each Board member to state their opinions on the signs. The following comments were made: 1. Suggestion of 100 sq. ft. monument sign for perimeter, matching brick on building,no higher than 8 feet,prefer interior illumination, accept 3rd sign as monument sign at 32 sq. ft.,height of 8 feet from curb 2. Carry design of building to monument sign with capstone, exterior lighting, height of 8 feet from curb, same for tire/lube sign-no lighting 3. Prefer taller signs-same signs as in past 4. Likes large brick base with sign on top,pillars to match building, ok with 100 sq. ft., 8 ft. high, overhead lighting, 16 sq. ft on 3rd sign, 8 ft. high 5. Tire & lube sign too high at 30 feet, 20 foot sign is ok with pillars, 3rd sign not as effective at 8 ft. and needs to have brick around to conform to building Mr. Waggoner added that the monument signs would utilize lighting from above for ease of maintenance,to reduce vandalism and to maintain a subdued look. Mike Skinner then made a recommendation: 2 perimeter signs of monument style, matching brick to reflect style of building including brick column,to be no higher than 8 feet above top curb, 100 sq. ft maximum square feet of signage, overhead illumination. Second by Woods. There was a brief discussion and Skinner withdrew that motion. Mr. Davis asked the petitioner for their opinion and Mr. Bertie said he would need to consult with Wal-Mart. Page 7of8 Mr. Skinner then reintroduced his recommendation and Mr. Woods seconded. It was noted by Mr. Feltz that it was acceptable to not have a unanimous vote since the Council will make the final decision. Ms. Kurtzman added that there could be a final vote with all the requests tied together. Roll call was taken on Skinner's motion. Motion passed, however,not unanimously. A recommendation was made regarding the tire and lube sign. Woods moved that it be monument style, matching brick, maximum 32 sq. ft., 8 ft. height from top of curb. Second by Skinner. Passed on roll call vote, but not unanimously. Mr. Woods made a final recommendation: tie together the recommendations of the perimeter signs as well as interior signs with the original variance request#1 and original #7 as a total package [height of building &number of signs] as a compromise for granting variances that exceed the standards. Skinner seconded. Motion carried on a roll call vote with Feltz abstaining. On a motion by Pfister and second by Feltz,New Business was closed. Carried on a voice vote. Additional Business: Additional business opened on a motion and second by Pfister and Skinner. Carried on a voice vote. 1. Sign Ordinance Update— Verbal presentation by Ms. Kurtzman Ms. Kurtzman said the City has hired an Urban Planner and one of his first duties will be to draft a sign code. She had samples from Montgomery and Oswego to be given to the Planner and Ms. Kurtzman will be working with him. She added that the sign code is not part of the zoning code so a Public Hearing is not required,but the draft will be presented to the Zoning Board for their opinion. (Mr. Miller joined meeting following City Council) Mr. Miller stated the staff members had drafted a survey regarding the sign ordinance, out of concern for maintaining high standards. Mr. Skinner recommended that Yorkville determine a policy independent of neighboring towns. The policy should provide for pleasing signs and set the standards for other towns. Mr. Pfister concurred with this opinion. Skinner also suggested that signage should not be tied into or based on a P.U.D. Pleasing, effective and lower height were some of the desirable signage characteristics suggested to Mr. Miller. He cautioned that any changes put in place should be well- thought out to anticipate challenges. Page 8 of 8 The next meeting will be held on September 6. Prior to the meeting, Mr. Miller will provide a draft of the sign ordinance in the packets to allow time to review. Woods moved and Feltz seconded to close Additional Business. Carried on voice vote. A motion to adjourn was made by Woods and seconded by Skinner at 10:07pm. Minutes respectfully submitted by Marlys Young, Minute Taker United City of Yorkville County Seat of Kendall County EST. 1636 � =_ 8DD Game Farm Road 0 Yorkville,Illinois 60560 p � p Phone:63D-553-4350 Fax:630-553-7575 PC # APPLICATION VARIANCE REQUEST Date of Submission: 9 (.10 _ 1. Name ofPetitioner(s): Address: Phone Number: ;? S Fax Number: 2. Name of holder of legal title, if different from#1: 3. If legal title is held in a land trust, list the names of all holders of any beneficial interest therein: 4. a. Street address and physical location of subject property: 907 b. Proposed name of subdivision(if any): c. Legal description of property for which zoning variance is sought: LAS �_Ack a0 0 2 (If more space is needed, attach as "Exhibit A".) d. Kendall County Parcel Number(s) of property for-which variance is sought: an a., 5. Names and addresses of any adjoining or contiguous landowners and property owners within 250' of subject parcel for which variance is requested entitled to notice of petition under any applicable City ordinance or State Statute: (Attach a separate list as "Exhibit B".) 6. State the variance requested and the City ordinance including the section numbers to be varied: /O - 4: -- y I� Page 1 of 3 United City of Yorl-ville Variance Request Application Revised: 227104 7, Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: '2zv Suso (16 /'l2 0 7 (2J Ric( Yt'k� 0 0 .21 (oo S O Attorney: Name: Address: Phone Number: Fax Number: 8. Submit application with a filing fee in the amount of$85.00. Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit 35 copies of each of the application,proposed drawings, location map, site plan, and any other pertinent materials to the Clerk's Office. Large items must be folded to fit in a 10" x 13" envelope. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct: titionM err(s) (Legal property owners signature must appear on this application.) 4; Subscribed and sworn before me this AIW day of , 200 SHARON M STEPHENSON OFFICIAL SEAL Not Public Notary Public,State of Illinois My Commission Expires May 03, 2010 Notary Stamp THIS APPLICATION MUST BE NOTARIZED. Page 2 of 3 United City of Yorkville variance Request Application Revised: 2/27/04 VARIANCE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees and all pertinent materials to the Deputy Clerk. Upon receipt the variance request will be forwarded to the Zoning Official for review and to coordinate setting a meeting date for the public hearing in front of the Zoning Board of Appeals. Note: You must present your request at each of the meetings below as indicated Step 2: Zoning Board of Appeals: The Zoning Board of Appeals meets on an as needed basis in the City Council Chambers. The Zoning Board of Appeals will make its recommendation to the City Council in writing within 30 days of the public hearing. The Zoning Board of Appeals consists of 7 members appointed by the Mayor. A Public Hearing will be held at this time for the variance request. Notice'sAU be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 250 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 3: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.ni in the Conference Room at City Hall. The request will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 4: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. 1 Date: (ff a— Page 3 of 3 United City of Yorkville variance Request Application Revised: 227/04 United City of Yorkville J� County Seat of Kendall County 800 Game Farm Road EST 1836 Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 K- O Website: www.yorkville.il.us <CE \�• August 16, 2006 TO: Zoning Board of Appeals FROM: Anna B. Kurtzman, AICP4le SUBJECT: Zoning Variance Request 207 West Ridge Street PC 2006-58 ZBA HEARING DATE: The City has received an application for a variance from the City's Zoning Code. A public hearing has been scheduled before the Zoning Board of Appeals to be held on Wednesday, September 6, 2006, at 7:00 pm at the City's Council Chambers (located at 800 Game Farm Road). REQUEST: The applicants, Paul and Susan O'Brien, own Lots 1 and 2 of Block 20 of the original Village of Yorkville,with a common address of 207 West Ridge Street. This improved lot is zoned R-2 (one-family residence district). When the current house was built it was built approximately 8.5 from the south property line with a covered porch that extended closer to the property line. At some point in time the covered porch was removed. The applicants are asking to construct a covered porch that will extend closer to the southern property line. The applicant has indicated that they need a variance to Section 10-6B-4A to reduce the front yard setback. The information that was submitted does not indicate exactly how close to the property line they will to extend. CONDITIONS: This 10,100 sq ft property is zoned R2 and is improved with a single-family detached house with a detached garage. The surrounding properties are zoned and used as indicated below: Zoning Use North R2 Single-family detached housing South R2 Single-family detached housing East R2 Single-family detached housing West R2 Single-family detached housing STANDARDS FOR GRANTING A VARIANCE: Section 10-14-5(C) of the Municipal Code indicates that the Zoning Board of Appeals shall not vary(or make a recommendation to vary) the regulations of the Zoning Code unless it has made Zoning Board of Appeals 207 W. Ridge St—PC 2006-58 ZBA July 17, 2006 Page 2 of 2 findings based upon the evidence presented to them for each specific case based upon the following: 1. Because the particular physical surroundings, shape or topographical conditions of the specific property involved,,a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally,to other property within the same zoning classification. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. NEXT STEPS Upon closing the hearing, staff requests that the Zoning Board of Appeals make findings based upon each of the standards listed above for each variance being sought. (Section 10-14-5(D) outlines occasions when the Zoning Board of Appeals may make a final decision. Subsection la indicates that the Zoning Board of Appeals may grant the variance if the variance is less than 25% of a setback standard. While a specific dimension has not been provided we do know that the existing house is already located 8.5 feet from the property line,which is a 71.6%reduction in the front yard setback. Therefore the variance would exceed the 25% and any decision the ZBA makes would become a recommendation that is forwarded to the City Council. As you know,you make recommend to approve, deny or approve the request with conditions. /abk Attachments C: W. Dettmer Filename: C:\Documents and Settings\AnnaWy Documents\ZBA\207 W Ridge-05rien\8-16-06staffmemo.doc ,dip � T:. a'r�4,�'h .., �>. �*� �., .... , '��• � , ��kroi• �•a rya 3 i .� s�A'.��I rl, f, ! �� fti � r µi14 ti �s tt 44 t 1 A F �c2 I x +rs t { � f t., b� r yF: � IN h,F T 4A A ,y - �' e5 A i A '' • APR 2 8 '�c PLA Lac' T SWIIEY OF I 2 &OCK 20 ORIGMAL VILLAGE OF YC KENDALL CC UNTY ILLINOIS ,00 o 16 Ada 0 r �Cpy� .� SQ07s� �'`�►� AWO Boa► MIDGE s te r' (A)IS To: Zoning Board of Appeals From: Charles Wunder, AICP Date: August 31, 2006 Subject: Revised Sign Ordinance Draft The City of Yorkville's sign regulations are currently located in the Building Code. The proposed sign regulations would put them in Chapter 12 of the City's Zoning Ordinance. The proposed revised sign regulations are, for the most part,based on the current sign regulations. Most of the standards and limits used in the currant regulations are also being used(or only modified slightly). The new sign regulations have been organized in a slightly different way. The first notable change is that the"Principles"and"General Purpose" sections have been added as new sections of the sign regulations. The first section, "Principles", outlines the concepts and ideas used in developing the revised sign regulations. The second section, "General Purposes" The third section of the sign regulations is also a new addition to the sign regulations. The"Scope" section identifies the actions relating to signs that are governed by these regulations. The first three sections are useful in helping future staff and decision makers interpret these regulations. The fourth section lists signs that are exempt from the sign regulations in the Zoning Ordinance. It should be noted that this section does not exempt the signs from any other City sign regulations or Building Code requirements. A sign permit is not needed to put up an exempted sign. As you may notice,many of the signs listed in this section have size limits. The next section of the sign regulations is titled"General Provisions". This section establishes how sign area and sign height is measured. It also stipulates how signs may be illuminated and governs where signs may be located. This section contains requirements that signs be properly maintained. The last two provisions of this section determine when signs are considered abandoned and under what circumstances a sign must be removed. The sixth section of the proposed sign regulations defines and describes the various types of signs referred to in the text of the regulations. The types of signs are grouped into two categories, structural types of signs and functional types of signs. The structural types of signs category lists the physical descriptions of the various signs. The functional types of signs category lists the various purposes of the signs mentioned in the sign regulations. This differentiation is necessary because the regulations control both the functions of the sign and the physical location/appearance of the signs. The next section of the sign regulations in the Zoning Ordinance lists the signs that are prohibited in Yorkville. Most of the signs on this list are prohibited under the current sign regulations. The signs that have been added to the prohibited sign list tend to fall in a category that can be described as having to do with public safety concerns. For example, one of the new provisions prohibits any sign that blocks an ingress or egress from a fire escape, door or window. The next three sections deal with the signs that are permitted in the City's residential, business and manufacturing zoning districts. Each of these sections is divided into regulations dealing with permanent and temporary signs. The eleventh section covers the subject of nonconforming signs. This section defines what a nonconforming sign is and under what circumstances it has to be brought into conformance with the zoning ordinance's sign regulations. With one exception these provisions are identical to those in the current sign regulations. The one additional provision, and it is a significant addition, is that nonconforming signs are required to be brought into compliance within a set period of time. In the current regulations a nonconforming sign can exist indefinitely. The new provisions have introduced an amortization schedule based on the value of the sign. The more valuable the nonconforming sign is,the longer it can be maintained. This period ranges from one year for the least expensive signs to five years for the most expensive signs. The last section of the proposed sign regulations describes the sign permit procedures for both permanent and temporary signs. These provisions establish that the City Council sets the sign permit fees and lists the items of information that are needed to get a sign permit. CHAPTER 12 SECTION: 10-12-1 Principles 10-12-2 General Purpose 10-12-3 Scope 10-12-4 Signs Exempt from this Chapter 10-12-5 General Provisions 10-12-6 Sign Types 10-12-7 Prohibited Signs 10-12-8 Permitted Signs—Residential Zoning Districts 10-12-9 Permitted Signs—Business Zoning Districts 10-12-10 Permitted Signs—Manufacturing Zoning Districts 10-12-11 Nonconforming Signs 10-12-12 Permitting Procedures 10-12-1 PRINCIPLES The provisions of this Article recognize that: A. There is a significant relationship between the manner in which signs are displayed and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C. Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 10-12-2 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. 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. 10-12-3 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. 10-12-4 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 by the Zoning Ordinance: 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 under any law, statute or ordinance. 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 (1) such sign shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set back a minimum of five (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 sign s are thirty-six(36) square feet or less in area. I 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) o f 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. 10-12-5 GENERAL PROVISIONS. A. Sign Area. The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle, circle, triangle or combination thereof that will encompass the extreme limits of the writing representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.. It does not include any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. A double faced sign shall count as a single sign. B. Sign Height. The height of a sign shall be computed as the distance from the finished grade at the base of the sign 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 rays reflecting 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 management of such business shall be deemed abandoned if the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty(30)days. G. Removal of Signs Any sign found to be improperly maintained, abandoned or otherwise in violation of this 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. 10-12-6 SIGN TYPES A. STRUCTURAL TYPES For purposes of this Article, signs shall be classified according to their structural types of signs defined as follows: 1. 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. 2. Wall Sign. A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve (12) inches from such building or structure. 3. 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. 4. Portable Sign. A sign attached to or mounted upon a frame intended to be moved from place to place. 5. 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. 6. 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. B. FUNCTIONAL TYPES For purposes of this Article, signs shall be classified according to their function,defined as follows: 1. Billboard. An off-premise advertising sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the lot on which the sign is located. 2. 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. 3. 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. 4. 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. 5. 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. 6. Temporary Signs. Any sign, banner, pennant, streamer, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other lightweight material without a frame. A temporary sign shall be a wall,awning,marquee or canopy sign. 7. 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. 10-12-7 PROHIBITED SIGNS. The following signs shall not be permitted: A. Flashing signs, except electronic message boards which show temperature and time. B. Signs which are wholly dependent 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. C. Signs which are, in whole or in part, dependent upon a building for support and project more than twelve 02) inches from such building, except canopies, awnings and marquees, unless such signs are part of an approved design concept of a development. D. Vehicle signs E. Signs which constitute a hazard to public health or safety. F. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit or entrance. G. 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. H. 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. I. Billboards J. Portable signs K. Searchlights, except searchlights for grand openings and special civic events. L. Non-governmental signs in a public right-of-way or attached to a traffic sign, traffic control device, utility pole, tree or other permanent or temporary fixture in the public right-of-way. M. Signs displaying obscene or indecent matter. N. 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 10-12-8 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 sign per street frontage with an entrance. Said sign shall be thirty-tw0o (32) square feet or less in area and five(5) feet or less in height. 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 signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance.. 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. 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 hndred (100) square feet and twelve (12) feet in height. 3. Residential off-site marketing signs, no greater than one hundred (100) square feet in area and twelve (12) feet in height, shall be allowed at no more than four(4) off-site locations within the City of Yorkville to call attention and give directions to the development. Signs for a given development may be located in any zoning district provided that there is at least one quarter (1/4) mile separation from each other and that no sign be closer to a residence than one hundred (100) feet. Off-site marketing signs for different developments must be at least 250 feet from any other off-site marketing sign. 4. Construction signs. One construction sign per non single family lot not to exceed thirty-two (32) square feet in area and ten (10 ) feet in height. 10-12-9 PERMITTED SIGNS—BUSINESS ZONING DISTRICTS A. PERMANENT SIGNS 1. Free standing Business Sign On lots less than three (3) acres or on lots that face a residentially zoned or used lot, one (1) free standing business sign fifty (50) square feet or less in area and eight (8) feet or less in height shall be allowed. On lots three acres or larger, one (1) free standing business sign eighty (80) square or less feet in area and fifteen (15) feet or less in height shall be allowed on each frontage of a public right-of-way. On lots with a frontage on a public right-of-way greater than five hundred (500) feet two free standing business signs eighty (80) square feet or less in area and fifteen (15) feet or less in height shall be allowed on that street frontage.. 2. Building mounted Business/Identification Signs a. Single—use building. A business having a public entrance in an exterior building wall of a building on a lot 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 shall not exceed two (2) square feet 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 of a building on a lot 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. B. TEMPORARY 1. Searchlights. Searchlights for a grand opening only for a period of time not to exceed seventy-two (72)hours. 2. Cold air inflatable devices. One cold air inflatable device for a grand opening only for a period of time not to exceed seventy-two (72) hours. 3. 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. 4. Construction signs. One construction sign per lot not to exceed thirty-two (32) square feet in area and five(5) feet in height. 10-12-10 PERMITTED SIGNS—MANUFACTURING ZONING DISTRICTS A. PERMANENT 1. Free standing business Sign On lots less than three (3) acres or on lots that face a residentially zoned or used lot, one free standing business sign shall be allowed. Said sign shall be fifty (50) square feet or less in area and eight (8) feet or less in height. On lots three acres or larger, one(1) free standing business sign shall be allowed on each street frontage. Said sign shall be eighty (80) square feet or less in area and fifteen (15) feet or less in height. On lots with street frontage greater than five hundred(500) feet two free standing business signs shall be allowed on that street frontage. Said signs shall be eighty (80) square feet or less in area and fifteen (15) feet or less in height. 2. Building mounted Business/Identification Signs a. Single—use building. A business having a public entrance in an exterior building wall of a building on a lot 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 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 of a building on a lot 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 0)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. B. TEMPORARY 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. 2. Construction signs. One construction sign per industrial lot not to exceed thirty-two (32) square feet in area and ten(10) feet in height. 10-12-11 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 (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. G. The Code Official shall, after the 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. H. Termination by Amortization. Any nonconforming sign, or any nonconforming element of a sign capable of change or discontinuance separate from other elements of the sign, that has not been terminated pursuant to any other provision of this Ordinance shall be terminated no later than the date provided in the following schedule: Original Sign Value Time Allowed Until Removal Less than $1,000 1 year $1,001 to $3,000 2 years $3,001 to $5,000 3 years $5,001 to $7,000 4 years More than $7,000 5 years Where no original value can be established, the Zoning Administrator's estimate of current replacement cost shall be used. 10-12-12 PERMITTING PROCEEDURES 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 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. An 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, ac- curately represented as to size, area,proportion and color. 4. The written consent of the owner(s) or agent of the building, structure,or land on which the sign is erected. 5. The name, address and phone number of the applicant. 6. The name of the person, firm, corporation or association erecting, altering or moving the sign.