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