Zoning Board of Appeals Packet 2006 10-04-06 ?•"``a c1r o United City of Yorkville
b - -0 800 Game Farm Road
EST _ 1836 Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-7575
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AGENDA
ZONING BOARD OF APPEALS
Wednesday, October 4, 2006
7:00 P.M.
City Council Conference Room
REVISED 9/28/06
Meeting called to order: 7:00 p.m.
Roll Call:
Previous Meeting Minutes (Corrections/Approval): September 6,2006
Public Hearings:
1. ZBA 2006-58 Susan and Gary Kritzberg are requesting variances for the property they own
at 101 East Center Street, Yorkville, Illinois(Property Identification Number 02-33-102-001).
The legal description for the subject property is: Lot 5 in Block 13 of the Original Village of
Bristol, in the United Village of Yorkville, Kendall County, Illinois. The applicant is seeking the
following variances: Section 10-7C-4b—request to reduce the required setback from a side yard
that adjoins a right-of-way from 30 feet to 21 feet, 9 inches, and Section 10-7C-4d—request to
reduce the required setback from a transitional side yard from 30 feet to 22 feet and 9 inches.
Old Business:
1. Sign Code
Additional Business:
Adjournment:
P
Co.c United City of Yorkville
800 Game Farm Road
Esr is Yorkville, Illinois 60560
��-- Telephone: 630-553-4350
0
p Fax: 630-553-7575
AGENDA
ZONING BOARD OF APPEALS
Wednesday, October 4, 2006
7:00 P.M.
City Council Conference Room
Meeting called to order: 7:00 p.m.
Roll Call:
Previous Meeting Minutes (Corrections/Approval): None
Public Hearings:
1. ZBA 2006-58 Susan and Gary Kritzberg are requesting variances for the property they own
at 101 East Center Street, Yorkville, Illinois (Property Identification Number 02-33-102-001).
The legal description for the subject property is: Lot 5 in Block 13 of the Original Village of
Bristol, in the United Village of Yorkville, Kendall County, Illinois. The applicant is seeking the
following variances: Section 10-7C-4b—request to reduce the required setback from a side yard
that adjoins a right-of-way from 30 feet to 21 feet, 9 inches, and Section 10-7C-4d—request to
reduce the required setback from a transitional side yard from 30 feet to 22 feet and 9 inches.
Old Business:
1. Sign Code
Additional Business:
Adjournment:
Page 1 of 4
DRAFT
UNITED CITY OF YORKVILLE
ZONING BOARD OF APPEALS MEETING
Wednesday, September 6,2006, 7PM
Council Chambers
Board Members in Attendance
Bill Davis Mike Skinner(left 8:23pm)
Dean Bromann Ryan Woods (arr.7:12pm)
Ben Moe
Other City Staff in Attendance
Anna Kurtzman, ICCI
Travis Miller, Community Development Director
Guests•
Paul &•Susan O'Brien, 207 W. Ridge St., Yorkville
The meeting was called to order at 7:06pm by Chairman Bill Davis. Roll call was taken
and a quorum was established.
Previous Meeting Minutes:
The minutes of August 2 and August 8, 2006 were approved as read on a motion by Dean
Bromann and Ben Moe. Carried unanimously.
Public Hearing:
It was moved and seconded respectively by Skinner and Bromann to open the Public
Hearing. Carried.
Public Hearing ZBA 2006-58 was opened with the petitioners, Paul and Susan O'Brien,
summarizing their request. They are asking the City for a variance to reduce the
minimum side yard setback on their home at 207 W. Ridge St., from ten feet to three feet.
This variance is being requested so they can reconstruct a porch that was originally
attached to the house. This would protect the front door from rain damage. Ms. O'Brien
said the unenclosed porch would be behind the fence line with the present stoop
remaining. Mr. Skinner complimented the petitioners on the proposed improvement to
their home.
Page 2 of 4
FINDING OF FACT:
Ms. Kurtzman reviewed the Finding of Fact paraphrased below:
1. ...due to the physical surroundings...a physical hardship would result...
Comments: A hardship would result if the petitioners were not allowed to construct the
porch.
2. —conditions are..unique to the property
Comments: Yes, they are unique. Some of the older homes were built close to the road
and setbacks were possibly not in place at that time.
3. —difficulty...not caused by any person having interest in the property..
Comments: Not created by homeowner as home foundation is from the 1840's.
4. ...granting of variation not detrimental to public welfare...
Comments: No one from the public is present at the meeting opposing the request.
S. ...proposed variation will not impair adequate supply of light and air..
Comments: The structure will be back from the sidewalk and will not create a safety
issue.
A motion was made and seconded by Moe and Skinner to close the Public Hearing.
Carried on voice vote.
New Business:
Skinner and Bromann moved and seconded to open New Business. Carried on voice
vote.
The Board agreed this project would be an asset to the City. There was no further
discussion.
Skinner moved and Moe seconded to approve the request for this variance. Roll call was
taken and the motion passed unanimously. This matter will move to C.O.W. on
September 19t`.
Additional Business:
A draft of the proposed Sign Code was then discussed. It was noted by Ms. Kurtzman
that if a sign is less than 8 square feet, a permit is not required. Rolling signs are
prohibited under this proposed policy,however, Ms. Kurtzman said this is open for
discussion. An example of a portable sign is the Parkview Academy sign.
Subdivision signs (snipe signs) were also discussed and they are already prohibited. It
was questioned how fines were assessed for this violation. Ms. Kurtzman said a penalty
for these infractions needs to be addressed with a possible penalty of$500 minimum.
Page 3 of 4
The person who places these signs would be the one who is penalized and a follow-up
call should be made to the builder. Since the developer is the driving force, it was felt
they should be the one cited. Another suggestion was to put this stipulation in the pre-
annexation agreement, however,that would not resolve existing violations.
Monument signs were addressed and Mr. Skinner asked if the code prohibited lighting of
those signs. The current ordinance states the lighting must be aimed at the sign and
lighting is at the discretion of the owner.
Pod storage trailers are becoming more popular and are not currently addressed in the
sign ordinance. It was suggested that these be controlled too, since there is signage on
them and they are often parked for lengthy amounts of time. Limiting the duration or
obtaining a permit for pods and also dumpsters was suggested. Mr. Miller said this could
also be addressed as a property maintenance issue.
Discussion turned to the Non-Conforming Section and Chairman Davis speculated on the
number of signs that would be non-compliant. Mr. Miller said an inventory would need
to be done. Some specific non-compliant signs were discussed and it was noted that this
could be a `hot button' for the City. To become compliant, Travis Miller suggested it
could be tied to a possible tax rebate. A 50150 cost share similar to the facade ordinance
was also suggested. Because of the coming big businesses, Mr. Skinner said the City
could help those with the non-compliant signs. Variances could also be granted with the
filing fees waived. Ms. Kurtzman cautioned the Board that many businesses could apply
for a variance, knowing there was no cost and then expect to receive the incentives if they
failed at their variance request. The level of incentives would need to be reduced due to a
possible influx of requests.
The current cost of filing for a variance is $85 and it does not even cover the advertising
according to Ms. Kurtzman. Mr. Skinner thought the filing fee should not be a
determination for a petitioner to come forth with his request since a sign would cost
considerably more. Chairman Davis said $85 is not too expensive if the owner thinks his
sign is unique and has a pleasing appearance in the City. He added there could be
hundreds of requests and time could become an issue for the City.
The issue of enforcing this sign code was discussed. Questions such as how to govern
this ordinance,how business owners would be notified, among others, were considered
briefly. According to Ms. Kurtzman,the code officer would notify the violator and
suggested a possible time of one year to become compliant. Mr. Davis said it would be
helpful to see a random sample of non-compliant signs. Mr. Miller will present samples
at a future date. Talking with Montgomery about their sign replacement process was
suggested by Mr. Skinner. When making a determination about a variance request, Mr.
Miller said the Finding of Fact could be used as a guideline. If signage was included in
the PUD or annexation agreement and was not agreeable to all parties, a variance request
could be filed through ZBA.
Page 4 of 4
Multi-tenant and strip mall signs were also briefly considered.
Mr. Miller said this sign code would not need a public hearing, however,the public needs
to be aware. It was also suggested it should go through Plan Commission and also be
coordinated with the Chamber. If approved,the sign code would become part of the
zoning code. Ms. Kurtzman explained the following. There are 2 different sign codes in
the code at this time. When the present sign code in the Building Regulations was
adopted, it missed being deleted from the zoning code and as a result there are 2 codes.
Mr. Davis thought this proposed code should not be attached to the present zoning code
so if changes needed to be made in the early stages,they could be done so without going
through public hearings.
Other points made were:
1. Possibly tie size of plot of land to the size of sign
2. Erect signs specified distance from driveways
3. How to limit number of signs for large developments
4. Number of signs within a large development
5. Board members like monument signs and they should be measured from the
"crown of the road"
At this time, Mr. Miller summarized the City Council action on Wal-Mart signs to Board
Member Skinner. He said that the Council followed the ZBA recommendations and
allowed one additional monument sign to direct customers to the lube center. Mr.
Skinner pointed out that Menard's does not have signs directing customers to distinct
areas of their business and specifically to the pickup area. He said the pickup area
accounts for a large share of the Menard's business.
This ended the discussion of the proposed sign code. Chairman Davis asked for a revised
code, samples of non-conforming signs along with photos and definitions of sign types
prior to the next meeting. It was noted that agenda packets are sent out two weeks in
advance.
The next meeting will be October 4t'.
A motion to adjorn was made and seconded by Moe and Bromann.
Adjourned at 8:25pm
Minutes respectfully submitted by
Marlys Young, Minute Taker
JD C/Tyo
,ft United City of Yorkville
EST. 1636 County Seat of Kendall County
1 =� 8DD Game Farm Road
�= N Yorkville,Illinois 60560
p ��� p Phone:630-553-4350
Fax:630-553-7575
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APPLICATION
VARIANCE REQUEST
Date of Submission: S 1 S 1 10 L"
1. Name ofPetitioner(s): Sin crt C 4Z hem A �✓` /'�t ��
Address: 121 Z (r ine 6--�r ka,-Z Y6-g' l-vse .T1 �&Oc U
Phone Number: (k 3o) 56--S - 7773 Fax Number: (g-30),1I
2. Name of holder of legal title, if different from#1: `d' S /7,116 s . /-L G
3. If legal title is held in a land trust, list the names of all holders of any beneficial interest
therein: Al`I¢
4. a. Street address and physical location of subject property:
/o/ F. Ce-,,4r 5irec� � r I Ilse Y d as-do
b. Proposed name of subdivision(if any): Al
CL�c. Legal description of property for which zoning variance is sought: Q
(If more space is needed, attach as "Exhibit A".�
d. Kendall County Parcel Number(s) of property for which variance is sought:
OZ -33 — /62 — 001
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 secti n numbe s to be
varied: 10-7 - e e, 5,'cue -&rd cad
36 ` -o Z� ' 9 !� C n� l0 76 4,0 - f-eJ,rP T/'4,s
s;de- Pry 30 ` 22 ' A/
Pagel of 3
United City of Yorkville Variance Request Application Revised: 2/27/04
7. Name, address, phone number and fax number of pers on to whom inquiries regarding this
71
petition may be directed: wo c D A-n l el I
Attorney: Name: 11"n,l el-rzpl e/ //
Address: l/07� /_r:j.- c ..5i. I vv /►or y, 4 '17 blOSpa
Phone Number: L"o SS,? - ggjS Fax Number: l 3Q� SS3 _S J6
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:
P rt ner(s) (L g property owners signature must appT!�An this application.)
V /
Subscribed and sworn before me this 3(,i#— day of , 200 �o
OFFICIAL SEAL
LORA J. CHAPMAN °�'y''�'
NOTARY PUSUC,STATE OF ILLINOIS Notary Public
MY COMMISSION EXPIRES 3.12-2007
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 will 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.m 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.
Date: �t 1,06
Page 3 of 3
United City of Yorkville Variance Request Application Revised: 2/27/04
Exhibit "A"
Legal Description of Property at
101 East Center Street, Yorkville, IL:
LOT 5 IN BLOCK 13 OF THE ORIGINAL VILLAGE
OF BRISTOL, IN THE UNITED CITY OF THE
VILLAGE OF YORKVILLE, KENDALL COUNTY,
ILLINOIS
Project Details
101 E. Center Street, Yorkville
Existing:
• Residental lot with house and unattached garage
• Gravel (part concrete) "u" shaped driveway
• Stockade privacy fence on east and part of north perimeter of lot
• Three mature trees; miscellaneous shrubs
Proposed changes and upgrades:
• Removal of existing concrete pad in front of garage to allow for asphalt
resurfacing of driveway and creation of parking lot
• Demolition/removal of garage to allow for parking area
• Replacement of old stockade fence on east/north perimeter of lot
• Landscaping to meet ordinance requirements for"non-residential adjacent to
residential"on east perimeter
• Additional lot landscaping
• Removal of existing concrete sidewalk from front entrance of home to street
corner;replacement with paved walkway from front entrance to sidewalk on
Center Street
• Construction of new building entrance on east side of building
• Construction of ADA compliant"L"shaped entrance ramp from north side of
building to new entrance
• Some window replacement
• New steps with railings to existing front porch and new porch railings
• Cosmetic improvements to building, including shutters and awnings
• Signage to meet ordinance requirements—I free standing sign on separate
supports, and 1 or 2 signs attached to building exterior
• Parking area lamp posts(2), and appropriate ground lighting for sign illumination
Zoning Sketch and Grading Plan
Lot S Block 13 Original Village of Bristol
City of Yorkville Kendall County Illinois
LOT 5 IN BLOCK 1.3 OF THE ORIGINAL VILLAGE OF BRISTOL, IN KENDALL COUNTY, ILLINOIS
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I, Scott F, Ammons, an Illinois Professional Land Surveyor
and zoning sketch and grod/ng pal nnof thetabove descrlbedr�roctdas ;°g �si`'o
shown by the plat hereon drown. ;4 :' 9L�cn
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Dated at Yorkville, Illinois, .Rune 1. 2006. a; �3458 :9� aENCHMARK
+ME • CROSS cuI av TH£Nr n.ANGF aE r
IWNOIS OF THE FIRE H171RANT LOCATED
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Scott F. Ammons '.q pF'j���� OF TH£SUBJECT PROPERTY.
IlUnois Professional Land Surveyor No. 3458 (Expires 11/30/06) ."" ELEVAndJ-627.89
JOB NO. 051091 SFA Land Surveying P.O. Box 114
JOB NAME Kritzber Yorkville, Illinois 60560
DWG FILE 051091 Professional Land Surve ing Cor oration 184-003584 Tele hone 630 553-9999 _
United City of Yorkville Pc aooG-�s z.�
County Seat of Kendall County
800 Game Farm Road
Errs
Yorkville, Illinois, 60560
Telephone: 630-553-4350
X09 i Fax: 630-553-7575
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Website: www.yorkville.il.us
<LE
September 19, 2006
TO: Zoning Board of Appeals
FROM: Anna B. Kurtzman, AICP
SUBJECT: Zoning Variance Request
101 Center Street
PC2006-75ZBA
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,
October 4, 2006, at 7:00 pm at the City's Council Chambers (located at 800 Game Farm Road).
REQUEST:
The applicants, Susan and Gary Kritzberg, own 101 East Center Street,Yorkville, Illinois
(Property Identification Number 02-33-102-001) at the northeast corner of Center Street and
Bridge Street. The legal description for the subject property is: Lot 5 in Block 13 of the Original
Village of Bristol, in the United Village of Yorkville, Kendall County, Illinois. This lot is
currently zoned R-2 (one-family residence district) and is improved with a single-family
detached house. The applicant is seeking the following variances:
1. Section 10-7C-4b—request to reduce the required setback from a side yard that
adjoins a right-of-way from 30 feet to 21 feet, 9 inches, and
2. Section 10-7C-4d—request to reduce the required setback from a transitional side
yard from 30 feet to 22 feet and 9 inches.
The citations listed above are to property zoned B-2. Please be advised that the applicants have
also applied for a rezoning to zone the property to B-2 to change the use of the house from a
residence to a retail business. The requested variances have been applied for in anticipation of
the petition for rezoning being successful.
CONDITIONS:
The surrounding properties are zoned and used as indicated below:
Zoning Use
North R2 Single-family detached housing
South B2 Retail business
East R2 Single family detached housing
West R2 Single-family detached housing
Zoning Board of Appeals
101 E. Center St—PC 2006-75 ZBA
September 19, 2006
Page 2 of 2
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
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 (ZBA)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 1 a indicates that the Zoning Board of Appeals may grant the variance if the variance
is less than 25% of a setback standard. The variance to the corner side yard setback(reducing
the setback from 30 feet to 21.75 feet)is reduction of 8.25 feet or 27.5%. The variance to the
transitional side yard setback(reducing the setback from 30 feet to 22.75) is a reduction of 7.25
feet or 24.2%. While the variance to the transitional yard setback can technically be granted by
the ZBA,because the property is not currently zoned B-2, staff is recommending that both
variance requests be forwarded to the City Council to allow the Council to consider both the
rezoning request and the variance requests as a complete package.
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\Anna\My Documents\ZBA\207 W Ridge-O'Brien\8-16-06staffmemo.doc
CHAPTER 12
SECTION:
10-12-1 Principles
10-12-2 General Purpose
10-12-3 Scope
10-12-4 Definitions
10-12-5 Signs Exempt from this Chapter
10-12-6 General Provisions
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 DEFINITIONS
A. 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.
B. Banner. Any sign of lightweight fabric or similar material that is displayed
on a pole or building. National, state or municipal flags, official flags of any
institution or business shall not be considered banners.
C. 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
D. 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.
E. 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.
F. 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.
G. 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
H. Grand Opening Temporary Sign. A temporary sign used for the purpose o
f advertising a grand opening of a new business. A grand opening temporary
sign may be displayed only within 180 days of issuance of an occupancy
certificate.A grand opening temporary sign may be a wall,marquee,canopy,
awning, or freestanding sign. Promotions, anniversary sales, special sales,or
going-out-of-business sales do not apply.
1. 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.
J. 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.
K. Menu Board Sign. A sign at a remote location on a lot giving product and
price information about products sold on the lot to motorists in a waiting
vehicle.
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L. Message Board Sign._A sign designed so that characters, letters or
illustrations can be changed or rearranged manually without altering the face
or surface of the sign.
M. Pole Sign
N. Portable Sign. A sign attached to or mounted upon a frame intended to be
moved from place to place.
O. Projecting Sign. A sign which in whole or in part is dependant upon the
building for support and project more than twelve (12) inches from such
building,except for awning, canopy and marquee signs.
P. 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.
Q. Roof Sign. A sign that is wholly dependant upon a building for support or
mounted on the roof, which project more than six (6) inches above the
highest point of a building or roof to which they are attached.
R. Snipe Signs. A temporary or permanent non-governmental signs in a public
right-of-way which is tacked, nailed, posted, pasted, glazed or otherwise
affixed to a pole, stake, fence,traffic sign,traffic control device,utility pole,
tree or the ground.
S. 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.
T. 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.
U. 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.
V. 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.
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10-12-5 SIGNS EXEMPTED FROM THIS CHAPTER. Nothing in this shall be
construed as exempting the following signs from the Building Code or those
portions of the Municipal Code applicable to signs. The following signs are
otherwise exempt from regulations 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.
J. Signs used to identify the type of model home when used in conjunction
with a developing residential subdivision. Each type of model home is
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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.
A 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
grade of the centerline of the adjacent street to the top of the highest attached
component of the sign.
C. Yard Requirements. Except as otherwise provided, signs shall be located at
least five (5) feet from any driveway and lot line. Furthermore,no sign shall
be erected or located in a public right-of-way except as established by the
authorized public entity responsible for the right-of-way. No sign having a
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height more than thirty (30) inches shall be located within that part of the
yard or open area of a corner lot included within a triangular area of twenty-
five (25) feet from the point of intersection of two (2) street right-of-way
lines forming such a corner lot
D. Illumination of Signs. The illumination of all signs shall be diffused or
indirect and shall be so arranged that there will be no direct or reflecting
rays into the public way or any lot on the perimeter of the premises on which
the sign is located. Exposed light bulbs, neon tubing, flashing, blinking,
traveling and similar illumination, including illuminated canopies are not
permitted.
Illuminated signs permitted in or adjacent to Residential areas shall not be
illuminated between the hours of 11:00 p.m. and 5:00 a.m. unless the use
to which the sign pertains is open.
E. Sign Maintenance The owner of a sign and the owner of the premises on
which the sign is located shall be jointly and severally liable to maintain such
sign or signs subject to the following standards
I. 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.
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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. Roof signs.
C. Projecting signs.
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. Snipe signs
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
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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.. Building mounted signage can not
extend more than 75% of the building fagade of the building to
which it is attached,
3. Subdivision and residential complex identification signs. Two
permanent subdivision or residential complex identification signs,
one on each side of the street, at primary entrances to a residential
subdivision or complex containing no commercial advertising is
permitted. Such signs shall be thirty-two (32) square feet or less in
area and eight (8) feet or less in height and constructed out of
premium building materials such as brick or stone. For the purposes
of this provision this sign may be installed in two components, one
on each side of the street.
B. TEMPORARY SIGNS
1. Real estate signs. On non single family residential lots one real estate
sign per street frontage no greater than thirty-two (32) square feet in
area or five(5)feet in height..
2. Residential Marketing signs at major entrances to residential
subdivisions not to exceed one hundred (100) square feet and twelve
(12)feet in height.
3. Residential off-site marketing signs to call attention to and give
directions to residential developments in Yorkville shall be allowed
at no more than four (4) off-site locations, and shall be no greater
than one hundred (100) square feet in area and twelve (12) feet in
height, Signs for a given development may be located in any zoning
district provided that there is at least one quarter(1/4)mile separation
from the other off-site marketing signs of that development and that
no off-site marketing sign be closer to a residence than one hundred
(100) feet. Off-site marketing signs for different developments must
be at least 250 feet from any other off-site marketing sign.
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4. Grand Opening Sign. One (1) grand opening sign not to exceed
thirty-two square feet in area and eight(8)feet in height.
5. Construction sign. One construction sign per non-single family lot
not to exceed thirty-two (32) square feet in area and five (5) feet in
height.
10-12-9 PERMITTED SIGNS—BUSINESS ZONING DISTRICTS
A. PERMANENT SIGNS
1. Free Standing Business Sign
On outlots in shopping centers less than 50,000 square feet no free
standing business shall be permitted
On outlots in shopping centers greater than 50,000 square feet in area
and less than 150,000 square feet in area or on commercial lots less
than 150,000 square feet in area 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 larger than 150,000 square feet in area, 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 fagade of the building with a public
entrance. No wall sign shall extend more than 75% of the
width of the building fagade to which it is attached.
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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.
No wall sign shall extend more than 75%of the width of that
part of the building facade in which it is located.
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. Grand opening sign. One(1) grand opening sign not to exceed thirty-
two square feet in area and eight(8)feet in height.
3. Commercial Real Estate signs. On commercial lots one real estate
sign per street frontage no greater than thirty-two (32) square feet in
area and five (5)feet in height.
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 150,000 square feet 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.
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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 (1) lineal foot of the facade of
that portion of the building of which the tenant or owner-
occupant is in possession and to which the sign is attached.
All business and identification signs shall be wall, awning,
canopy or marquee signs.
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 (3 2) square feet in area and ten(10)feet in height.
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3. Banners/Special Business Event sign. One Special Business Event
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
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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 Sian Value Time Allowed Until Removal
Less than $4,000 1 year
$4,000 to less than$8,000 2 years
$8,000 to less than $12,000 3 years
$12,000 to less than $16,000 4 years
More than $16 ,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.
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B. Any person desiring a permit for a permanent or temporry sign shall
file a permit application which shall contain or have attached the
following information:
1. A copy of plans and specifications showing the method of
construction, illumination, if any, and support of such sign.
Calculations showing the sign is designed for dead load and
wind pressure in any direction in the amount required by
other applicable laws and ordinances of the City may be
required.
2. A plat of survey showing the location of the sign(s) on the lot
and a drawing indicating the location of the sign(s) on any
building or structure on the lot.
3. A sketch, drawn to scale, showing sign faces, exposed
surface areas and the proposed message and design, 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.
C. Temporary Sign Permit Frequency and Duration
Type of Sian Maximum Duration Maximum frequency
Banners 14 days three times per year
Special sale/business event 14 days three times per year
Commercial real estate 6 months renewable
Industrial real estate 6 months renewable
Residential marketing 6 months renewable
Grand opening 30 days once per business
Cold Air Inflatable Device 72 hours once per business
Searchlights 72 hours once per business
Construction during active building permit issuance
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SECTION 10-12-13 SIGN VARIATIONS
In addition to the procedures and standards listed in Section 10-14-5 of the Zoning
Ordinance regarding variations from the requirements, the Zoning Board of Appeals shall
also consider the following factors in hearing testimony and making decisions regarding
sign variance requests:
1. If the sign was erected legally with a sign permit.
2. If the proposed sign is less than 120%of the new sign are or height.
3. If there are any unique physical characteristics of the property
4. The available locations for signage on the property
5. The cost to the applicant of complying with the sign ordinance requirements
6. If the sign is on or faces a street with a forty(40)mile per hour or higher speed limit.
7. If the sign is on or faces a street with a C or worse service level.
8. If the sign is on a street with 20,000 or higher vehicle trips per day.
9. If the sign would be blocked by existing or required landscaping.
10. If it is a wall sign facing a public right-of-way without a public entrance.
16