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Zoning Board of Appeals Packet 2006 11-01-06 o United City of Yorkville 4 -,%% 800 Game Farm Road EST. 4836 Yorkville, Illinois 60560 Telephone: 630-553-4350 09 �� ' Fax: 630-553-7575 LE AGENDA tV�' AGENDA ZONING BOARD OF APPEALS Wednesday, November 1, 2006 7:00 P.M. City Council Conference Room Meeting called to order: 7:00 p.m. Roll Call: Previous Meeting Minutes (Corrections/Approval): October 4,2006 Public Hearings: Old Business: 1. Sign Code Additional Business: Adjournment: Page 1 of 5 RAF UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS MEETING Wednesday,October 4,2006, 7PM Council Chambers Board Members in Attendance Bill Davis Mike Skinner Dean Bromann Ben Moe Other City Staff in Attendance Anna Kurtzman, ICCI Travis Miller, Community Development Director Charles Wunder, City Planner Guests Kelly Kramer, Attorney Susan Kritzberg, Petitioner The meeting was called to order at 7:08pm by Chairman Bill Davis. Roll call was taken and a quorum was established. Ms. Kurtzman noted that Board member Harold Feltz will be resigning. Previous Meeting Minutes: The minutes of September 6, 2006 were approved on a motion by Ben Moe and second by Mike Skinner. Carried. Public Hearings: A motion was made by Skinner and seconded by Bromann to enter into Public Hearing. Carried. Attorney Kelly Kramer was present to represent the petitioner, Susan Kritzberg, for ZBA 2006-58. Mr. and Mrs. Kritzberg are requesting variances for property they own at 101 East Center Street in Yorkville near the Pride Pantry. They asked for variances for the following: 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 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 Page 2 of 5 Ms. Kramer said there is also a request for rezoning from R2 to B2. Currently, the property is zoned residential. The petitioners intend to operate a boutique and craft type business. No changes are planned for the exterior of the structure. Ms. Kurtzman said the zoning request is being made concurrent with the variance requests and both would proceed to City Council. Letters were sent to adjoining property owners with no opposition. Mr. Moe noted that one of the setbacks is from Rt. 47 and he asked if additional land would be taken in the widening process. Ms. Kritzberg said IDOT has already approved the application for the parking lot changes and reviewed the site plan and curb cuts. She has received authorization from IDOT to proceed. Travis Miller added that the business use is supported by the comprehensive plan. He said the Plan Commission recommended approval for B2 zoning and that both items could move forward to City Council. A motion was made by Bromann,with a second by Skinner to close the Public Hearing. Carried. New Business: Skinner and Bromann moved and seconded to enter into New Business. Carried. Mr. Skinner said the Board needed clarification to approve this request since the amount of setback is beyond the allowable. According to Ms. Kurtzman,this Board will be allowed to make a recommendation for approval and the final decision will be made by the City Council. Mr. Skinner made a motion to approve the variance being requested and to present that recommendation to City Council. The motion was tabled until the Finding of Fact was completed. FINDING OF FACT: 1. Because of physical surrounding....a particular hardship would result... Board Comments: Yes, a hardship would result 2. ...Conditions ...unique to property Board Comments: Yes, unique since house was built under R2 zoning 3. ...alleged difficulty or hardship...has not been created by..person having interest in property Board Comments: Not created by person having interest in property Page 3 of 5 4. ...granting of variation will not be detrimental.... Board Comments: Will not be detrimental S. ...variation will not impair adequate supply of light... Board Comments: will not impair Upon completion of the Finding of Fact, Mr. Skinner reintroduced his motion with a second by Mr. Bromann. Motion carried unanimously on a roll call vote. New Business was closed and Old Business opened on a motion by Moe and Skinner. Carried. Old Business: It was noted that the September variance request for a porch was passed unanimously at City Council. The Board then began their follow-up discussion regarding the sign ordinance and Mr. Miller introduced Charles Wunder, City Planner. A revised sign ordinance was presented incorporating the input from the September ZBA meeting. Ms. Kurtzman has drafted a notice that is included with the sign permit application so that petitioners are given notice of the possible changes to the ordinance. This would include information regarding the type and placement of sign. Mr. Wunder began by giving an overview of his qualifications to the Board and said that he has been in this profession for over 30 years. He gave a brief summary of the format changes he made to the sign code draft The Board discussed the proposed 10 factors (from page 16 of draft)to consider when reviewing sign variation requests. These guidelines are similar to the Finding of Fact guidelines. In particular, the Board discussed guideline#2 pertaining to the"120%". Mr. Wunder said the criteria should be viewed collectively rather than individually when applying them to a sign variation request. It was noted by Ms. Kurtzman that this document would become part of the zoning code if passed. A lengthy discussion was held to consider sign heights and other factors. The scope of authority of this Board was also reviewed. Chairman Davis said the current Board needs to consider future Boards and the fact that a given recommendation would be easier using the proposed criteria than just using the Finding of Fact. At this point, Ms. Kurtzman suggested perhaps the document should be considered again next month when more Board members might be present. She said eventually this proposed ordinance would be discussed in a Public Hearing. Page 4 of 5 Mr. Wunder asked the Board to consider actions on only slightly non-conforming signs. At the present time, the code enforcement officer is not allowed any leeway in granting sign variances and the proposed ordinance for signs does not contain language for allowing that action. He suggested allowing that official to grant certain slight variances. In the proposed document, it states that a list of all non-compliant signs (10% over limit) would be compiled and a letter would be sent to the sign owner allowing two years to comply. Mr. Miller raised the question of whether or not to allow all current non-compliant signs to be grandfathered. He recommended giving as much authority as possible to City staff to minimize variance requests. Mr. Bromann agreed that a certain amount of leeway should be allowed or there could be public disapproval. All Board members were in consensus and said that flexibility should be applied to existing signs. Some suggested factors to consider when allowing leeway were: 1. Height& area of sign 2. Pole signs should not be allowed 3. Quantity of signs on site already It was noted that illumination was addressed in the proposal and very few signs would be out of compliance. Ms. Kurtzman noted that rather than "grandfathered", the proper term would be"legal non-conforming". Mr. Davis suggested the language could be rewritten on this aspect. The page 10 height restriction of 15 feet was then considered. Some current signs in place were identified and it was estimated if they would be in compliance with the proposed ordinance. Mr. Davis said that the sign height might be an issue and he was concerned that the proposal might not pass if it was very drastic. Sign width was also briefly discussed. He also posed the question of including sign ordinance restrictions in PUD's,however, a given developer might not wish to comply. He said agenda packets are already sizable and he would not want to add such a small detail. Chairman Davis suggested the Board be provided with examples of compliant and non-compliant signs. It was agreed that there should be a trend towards monument signs and Mr. Moe suggested those signs could be constructed of material similar to the associated building. It was also questioned if signs should reflect the architecture. Tax abatements for sign compliance was also briefly touched upon as a tool if there was considerable public disapproval. Mr. Miller also apprised the Board of a new economic process that allows for 50% abatement of sales tax. The current fees include a$100 charge for the advertisements alone. The cost for the application needs to cover the cost of the applications. Page 5 of 5 This ended the discussion and a motion was made and seconded by Skinner and Moe to close Old Business. Carried. A motion of adjournment was made by Moe and Skinner and it carried. The meeting was adjourned at 9:30pm. Minutes respectfully submitted by Marlys Young,Minute Taker �`,% A o United City of Yorkville Memo Z) '" 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 09 �O Fax: 630-553-3436 kE To: Zoning Board of Ap eals From: Charles Wunder Date: October30, 2006 Subject: Sign Ordinance I have attached a sign ordinance draft that has been revised since the last ZBA meeting A couple of the variance criteria that were discussed last month have been removed. I have also included a definition of a pole sign and an elevated sign. I have also included pole signs on the prohibited sign list. I have included a list of some lot sizes for a variety of commercial uses around the city. I have also included a list of some of the sign heights and areas of various signs around the city. I would like to accomplish two things at the next ZBA meeting. The first is to determine what signs we are most anxious to get rid of. The following list outlines the decisions that will need to be made in this area. Too tall?How tall is too tall? Too large in area? How much is too much in area? Single pole signs? Double pole signs? How much of a column or base do we want? What if fixing would block driver's vision? Do we want to prohibit projecting signs? In all zoning districts? What about wall signs on wall facing public right of way without a public entrance? What about signs not setback correct distance? When that discussion is concluded it should be relatively easy to specify the sign areas and heights we think are acceptable. The third area of discussion is determining the best way to achieve compliance with the new sign regulations. Two alternatives have been attached and others may be come out of the discussion. Factors that play a part in this discussion include the number of expected non-conforming signs (and the reasons they no longer comply with our sign regulations), the cost of signs, expected"life spans" of signs, variance case loads and expected incentive cost implications. s ALTERNATIVE 1 Allow all nonconforming signs to remain as legal nonconforming uses without variances Avoids ZBA variance staff work/time/hassle-cost for applicant Avoids administrative variance staff work/time/hassle-cost for applicant If something happens to nonconforming sign, new sign must comply with new regulations What about requiring signage to be brought into compliance if/when new business takes over—new name and new owner or new type of business Offer financial incentives for signs to be brought into compliance Would need to sell this to the business community Waive sign permit fee if brought into compliance the first year or two Waive business license fee if brought into compliance first year or two Both of the above are very small sums compared to cost of sign May want to offer if they bring sign into compliance the first year or two Offer property tax or sales tax abatement Grants Both have budget implications Would need a pretty good handle on what signs cost May want to have a set upper limit to prevent"gold" signs Could offer 100% of new sign value if brought into compliance the first year Could offer 75% of new sign value if brought into compliance the second year Could offer 50% of new sign value if brought into compliance the third year Could offer 25% of new sign value if brought into compliance the fourth year Or 100/66/33 over three year period or 100/80/60/40/20 over five year period These offers could be targeted to certain nonconformities not to all ALTERNATIVE 2 Allow some (but not all)nonconforming signs to remain with a variance Two sub-alternatives - all ZBA variances or some administrative variances and some ZBA variances The latter would require additional zoning ordinance changes Both would require staff time/work and applicant hassle/cost Once a variance is granted, the sign parameters are permanent Would probably cause some hard feelings for those denied Would need to identify what nonconforming signs we really want to get rid of or what signs we can live with Have mandatory amortization of nonconforming signs Would need to have some good data on sign costs and sign life expectancy Offer financial incentives for signs to be brought into compliance Would need to sell this to the business community Waive sign permit fee if brought into compliance the first year or two Waive business license fee if brought into compliance first year or two Both of the above are very small sums compared to cost of sign May want to offer if they bring sign into compliance the first year or two Offer property tax or sales tax abatement Grants Both have budget implications Would need a pretty good handle on what signs cost May want to have a set upper limit to prevent"gold" signs Could offer 100% of new sign value if brought into compliance the first year Could offer 75% of new sign value if brought into compliance the second year Could offer 50% of new sign value if brought into compliance the third year Could offer 25% of new sign value if brought into compliance the fourth year Or 100/66/33 over three year period or 100/80/60/40/20 over five year period These offers could be targeted to certain nonconformities not to all LOT AREA EXAMPLES Speedway gas station S. Bridge .5 acre Menards 20.87 acres Walgreens (Rts. 71 and 47) 2.07 acres Jewel-Osco Center 13.72 acres BP Amoco at NW corner of Rts. 34 and 47 1.25 acres McDonalds South Rt. 47 1.37 acres Towncrossing Plaza SW corner of Cannonball Trail and Rt. 34 3.29 acres Cannonball Run Plaza SE corner Cannonball Trail and Rt. 34 9.5 acres Castle Bank 1.63 acres Culvers 1.37 acres Freestading Signs Height Area Pizza Hut Information not available Speedway Information not available Fifth Third Bank 20 100 Culvers 14 100 Walgreens 20 100 Menards 35 250 Jewel/Marketplace 20 121.5 10/30/2006 v 4 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. ti 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. I. 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. 3 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. A freestanding sign supported by column or columns whose total width is less than 50%of the sign face depth. 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. 4 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. 5 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 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 6 be erected or located in a public right-of-way except as established by the authorized public entity responsible for the right-of-way. No sign having a height more than thirty (30) inches shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty- five (25) feet from the point of intersection of two (2) street right-of-way lines forming such a corner lot D. Illumination of Signs. The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located. Exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to Residential areas shall not be illuminated between the hours of 11:00 p.m. and 5:00 a.m. unless the use to which the sign pertains is open. E. Sign Maintenance The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards 1. Signs shall be maintained in a neat and orderly condition and good working order, including illumination sources,at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the Building and Electrical Codes as adopted by the City of Yorkville. F. Abandoned Signs Except as otherwise provided in this Ordinance, any temporary sign installed for a period of thirty (30) days or more, or any sign which pertains to a time, event, or purpose which no longer applies , shall be removed. Permanent signs applicable to a business because of change in ownership or 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. 7 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. Pole Signs D. Projecting signs. E. Vehicle signs F. Signs which constitute a hazard to public health or safety. G. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit or entrance. H. 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. I. 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. J. Billboards K. Portable signs L. Searchlights, except searchlights for grand openings and special civic events. M. Snipe signs N. Signs displaying obscene or indecent matter. O. Moving, rotating or animated signs except traditional barber poles not exceeding two (2) feet in height and projecting not more than twelve (12) inches from the building utilized only to identify a hair cutting establishment 8 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-twOo (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 9 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. 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 10 sign shall not exceed two (2) square feet for each one (1) lineal foot of the facade of the building with a public entrance. No wall sign shall extend more than 75% of the width of the building facade to which it is attached. b. Multi-tenant buildings. Each tenant having a public entrance in an exterior building wall 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 11 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. 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 faeade 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 12 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. 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 13 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: Ori inal Sign 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 14 alteration of the sign requiring the issuance of a permit, unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. B. Any person desiring a permit for a permanent or 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 Sign 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 15 N 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 there are any unique physical characteristics of the property 3. If there are limited available locations for signage on the property 4. The cost to the applicant of complying with the sign ordinance requirements 5. If the sign is on or faces a street with a forty(40)mile per hour or higher speed limit. 6. If the sign is on a street with 20,000 or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8. If it is a wall sign facing a public right-of-way without a public entrance. 16