Ordinance 2008-103 Ordinance No. 2008- 163
AN ORDINANCE AMENDING YORKVILLE CITY CODE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
WHEREAS, the City Code of the United City of Yorkville (the "City "), Kendall County,
Illinois, established specific criteria for all signage within its municipal boundaries; and,
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WHEREAS, it was determined that the provisions of the City Code regulating signage
should be updated to include a provision regarding wind feathers; and,
WHEREAS, after review of the ordinance relating to signage and preparation of
proposed revisions by the Yorkville Community Development Department and presentation
thereof to the Administration Committee of the City Council, revisions to the City Code Chapter
regulating signage within the United City of Yorkville is recommended.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the Yorkville City Code be amended as
follows:
Section L Title 8, Chapter 11 is hereby deleted and a new Chapter 11 in the form
attached hereto as Exhibit is to be inserted in its stead.
Section 2: This Ordinance shall be in full force and effect immediately from and after its
passage, approval and publication according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
- �G day of �p , A.D. 2008.
ROBYN SUTCLIFF lam JOSEPH BESCO l�
ARDEN JOE PLOCHER � WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS ROBERT ALLEN
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this <: 5 5 dayof 1" A.D. 2008.
llahx'� ('?) 6'1-� --_
Mayor
Attest:
le
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EXHIBIT "A"
CHAPTER 11
SECTION:
8 -11 -1 Principles
8 -11 -2 General Purpose
8 -11 -3 Scope
8 -11 -4 Definitions
8 -11 -5 Signs Exempt from this Chapter
8 -11 -6 General Provisions
8 -11 -7 Prohibited Signs
8 -11 -8 Permitted Signs — Residential Zoning Districts
8 -11 -9 Permitted Signs — Business Zoning Districts
8 -11 -10 Permitted Signs — Manufacturing Zoning Districts
8 -11 -11 Nonconforming Signs
8 -11 -12 Permitting Procedures
8 -11 -1 PRINCIPLES The provisions of this Article recognize that:
A. There is a significant relationship between the manner inlwhich 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.
8 -11 -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.
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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.
8 -11 -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.
8 -11 -4 DEFINITIONS.
A. Animated, flashing or moving sign Any sign that uses lights that flash or alternate
or which include action or motion or the appearance of action or motion either
physically or electronically.
B. 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.
C. 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.
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D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. Grand Opening Temporary Sign. A temporary sign used for the purpose of
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.
J. 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.
K. 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.
L. 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.
M. Message Board Sign. A sign designed so that characters, letters or illustrations can
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be changed manually or electronically without altering the face or surface of the
sign. Electronic message boards must have a minimum duration time of twenty -
four hours and no transition effects.
N. Pole Sign. A freestanding sign supported by column or columns whose total width
is less than 50 % of the sign face depth.
O. Portable Sign. A sign attached to or mounted upon a frame intended to be moved
from place to place.
P. 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.
Q. 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.
R. 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.
S. 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.
T. Temporary Signs. Any sign, banner, pennant, streamer, or advertising display
constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light -
weight material.
U. 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.
V. 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.
W. Wind Feather. Also known as Wind Flag, Teardrop Banner and Blade. Fabric or
plastic attention getting devices supported by a single pole and having a tall,
narrow orientation whose rotation is determined by the wind direction.
X. Window Sign. A sign which is applied or attached to or located within three (3)
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feet of the interior of a window, which sign may be seen through the window
from the exterior of the structure.
8 -11 -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 of this Chapter:
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
signs are thirty -six (36) square feet or less in area.
J. Signs used to identify the type of model home when used in conjunction with a
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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)
of the building less than three (3) square feet on single and two family dwellings
and five (5) square feet for multi- family dwellings.
M. Garage sale, farm produce sale signs provided there is only one sign per lot and it
is present only during the duration of the sale and is less than four (4) square feet
in area.
N. Building interior signage
O. Political signs. Signs sixteen (16) square feet or less in area and announcing
candidates for political office or political issues, provided that such signs shall not
be displayed more than sixty (60) days before any election and shall be removed
within five (5) days after said election.
P. Construction signs under eight (8) square feet.
Q. Window signs covering no more than 60% of the window area excluding glass
doors.
R. Permanent, non - flashing signs on vending machines, gas pumps, ice and propane
storage units.
S. Wind Feathers of solid color, sixteen (16) feet or less in height, made of non-
plastic fabric or nylon material and containing no text, logos or images.
8 -11 -6 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
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clearly incidental to the display itself. A double faced sign shall count as a single
sign.
B. Sign Height. The height of a sign shall be computed as the distance from the
grade of the centerline of the adjacent street to the top of the highest attached
component of the sign.
C. Yard Requirements. Except as otherwise provided, signs shall be located at least
five (5) feet from any driveway and lot line. Furthermore, no sign shall be erected
or located in a public right -of -way except as established by the authorized public
entity responsible for the right -of -way. No sign having a 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.
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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.
8 -11 -7 PROHIBITED SIGNS The following signs shall not be permitted:
A. Moving, animated and flashing signs, except electronic message boards.
B. Roof signs.
C. Vehicle signs
D. Signs which constitute a hazard to public health or safety.
E. Signs which obstruct ingress or egress from any fire escape, door, window,
or other exit or entrance.
F. 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.
G. 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.
H. Billboards.
I. Portable signs.
J. Searchlights, except searchlights for grand openings and special civic
events.
K. Snipe signs.
L. Signs displaying obscene or indecent matter.
M. 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.
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8 -11 -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. Non - residential uses in the agricultural,
flood zone and residential zoning districts on a corner lot with entrances on
both streets may have one free standing sign on each street frontage. Said
sign shall be thirty -two (32) square feet or less in area, five (5) feet or less
in height and setback at least ten (10) feet from the street or entrance drive.
Freestanding signs must be constructed with the base and supporting
columns if present constructed of the same brick, stone or masonry
material that the exterior walls of the principal building is made of The
sign panel containing the type and the type must match the color and type
used on any wall mounted signage.
No more than 50% of the free standing sign area may be composed of a
message board sign.
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 or business signage for each exterior wall
of that part of the building facing a public right -of- way. No more than
50% of the building mounted sign area may be composed of a message
board sign. 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
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1. Real estate signs. On non single family residential lots one real estate sign
per street frontage no greater than thirty -two (32) square feet in area or five
(5) feet in height.
2. Residential Marketing signs at major entrances to residential subdivisions
not to exceed one hundred (100) square feet and twelve (12) feet in height.
3. Residential off -site marketing signs to call attention to and give directions
to residential developments in Yorkville shall be allowed at no more than
four (4) off -site locations, and shall be no greater than one hundred (100)
square feet in area and twelve (12) feet in height, - Signs for a given
development may be located in any zoning district provided that there is at
least one quarter (1/4) mile separation from the other off -site marketing
signs of that development and that no off -site marketing sign be closer to a
residence than one hundred (100) feet. Off -site marketing signs for
different developments must be at least 250 feet from any other off -site
marketing sign.
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.
8 -11 -9 PERMITTED SIGNS — BUSINESS ZONING DISTRICTS
A. PERMANENT SIGNS
1. Free Standing Business Sign
On lots less than three acres with one (1) street frontage one (1) free standing
business sign thirty -two square feet or less feet in area and eight (8) feet or less in
height shall be allowed.. If the lot has more than one street frontage, one (1) free
standing business sign thirty -two square feet or less in area and eight (8) feet or
less in height per street frontage with an entrance /exit shall be allowed.
On lots three acres or larger with one (1) street frontage , one (1) free standing
business sign sixty square feet or less in area and eight feet or less in height shall
be allowed. If the lot has more than one street frontage, one (1) free standing
business sign sixty -four square feet or less in area and eight (8) feet or less in
height per street frontage with an entrance /exit shall be allowed.
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On lots three acres or larger that have a street frontage(s) in excess of 800 feet
with two entrances /exits at least 600 feet apart may have two free- standing
business signs sixty -four square feet or less in area and eight (8) feet or less in
height on each street frontage.
Freestanding signs must be constructed with the base and supporting colums if
present constructed of the same brick, stone or masonry material that the exterior
walls of the principal building is made of. The sign panel containing the type and
the type must match the color and type used on any wall mounted signage.
No more than 50% of the free standing sign area may be composed of a message
board sign.
2. Building mounted Business /Identification Signs
a. Single —use building. A business having a public entrance in an
exterior building wall or having an exterior wall facing a public right -of-
way 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 or faces a public right -of -way. The maximum area of such sign
shall not exceed two (2) square feet for each one (1) lineal foot of the
fayade 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 or having an exterior wall facing a public right -of-
way 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.
C. No more than 50% of the building mounted sign area may be
composed of a message board sign.
B. TEMPORARY
1. Searchlights. Searchlights for a grand opening only for a period of time not
to exceed seventy -two (72) hours.
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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.
4. 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.
5. Construction signs. One construction sign per lot not to exceed thirty -two
(32) square feet in area and five (5) feet in height.
6. Wind feathers not exempted by Section 8 -11 -5 S of this Chapter. No limit
on the quantity per lot. Time period not to exceed thirty (30) days.
8 -11 -10 PERMITTED SIGNS — MANUFACTURING ZONING DISTRICTS
A. PERMANENT
1. Free standing business Sign
On lots less than three acres or on lots that face a residentially zoned or used lot
with one (1) street frontage, one free standing business sign shall be allowed. Said
sign shall be thirty -two (32) square feet or less in area and eight (8) feet or less in
height. If the lot has more than one street frontage, one (1) free standing business
sign thirty -two square feet or less in area and eight (8) feet or less in height per
street frontage with an entrance /exit shall be allowed.
On lots three acres or larger with one (1) street frontage, one (1) free standing
business sign shall be allowed Said sign shall be a maximum of sixty -four (64)
square feet or less in area and eight (8) feet or less in height shall be allowed. If
the lot has more than one street frontage, one (1) free standing business sign sixty-
, four square feet or less in area and eight (8) feet or less in height per street
frontage with an entrance /exit shall be allowed.
On lots three acres or larger that have a street frontage(s) in excess of 800 feet
with two entrances /exits at least 600 feet apart may have two free - standing
business signs sixty -four square feet or less in area and eight (8) feet or less in
height on each street frontage.
Freestanding signs must be constructed with the base and supporting colums if
present constructed of the same brick, stone or masonry material that the exterior
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walls of the principal building is made of The sign panel containing the type and
the type must match the color and type used on any wall mounted signage.
No more than 50% of the free standing sign area may be composed of a message
board sign.
2. Building mounted Business /Identification Signs
a. Single —use building. A business having a public entrance in an
exterior building wall or having an exterior wall facing a public right -of -way
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
or faces a public right -of -way. The maximum area of such sign shall be two
(2) square feet or less in area for each one (1) lineal foot of the facade of
the building with a public entrance.
b. Multi- tenant buildings. Each tenant having a public entrance in an
exterior building wall or having an exterior wall facing a public right -of -way
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.
C. No more than 50% of the building mounted sign area may be
composed of a message board sign.
B. TEMPORARY
1. Real estate signs. On industrial lots one real estate sign per street frontage
no greater than thirty -two square feet in area or five (5) feet in height.
2. Construction signs. One construction sign per industrial lot not to exceed
thirty -two (3 2) square feet in area and ten (10) feet in height.
3. Banners /Special Business Event sign. One Special Business Event sign per
industrial lot not to exceed thirty -two (3 2) square feet in area and ten (10)
feet in height.
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4. Wind feathers not exempted by Section 8 -11 -5 S of this Chapter. No limit
on the quantity per lot. Time period not to exceed thirty (30) days.
8 -11 -11 NONCONFORMING SIGNS
A. Any sign for which a permit has been lawfully granted prior to the effective
date of this or any subsequent amendment to the sign ordinance and which
does not comply with the provisions of such amendment may nonetheless
be completed in accordance with the approved plans, provided construction
of the sign is started within ninety (90) days after the passage of the
ordinance amendment and is completed within sixty (60) days after
beginning construction.
B. Whenever a nonconforming sign has been discontinued for a period of six
(6) months, or whenever there is evidence a clear intent on the part of the
owner to abandon a nonconforming sign, such sign shall not, after being
discontinued or abandoned, be re- established and the sign hereafter shall
be in conformity with the regulations of this ordinance.
C. Normal maintenance of a nonconforming sign is permitted , including
necessary nonstructural repairs or incidental alterations which do not
extend or intensify the nonconforming features of the sign.
D. No structural alteration, enlargement or extension shall be made in a
nonconforming sign except when the alteration will actually result in
eliminating the nonconformance.
E. If a nonconforming sign is damaged or destroyed by any means to the
extent of fifty (50) percent or more of the replacement value at the time,
the sign can be rebuilt or used thereafter only for a conforming use and in
compliance with the provisions of this ordinance. In the event the damage
or destruction is less than fifty (50) percent of its replacement value based
upon prevailing costs, the sign may then be restored to its original
condition and the use may be continued which existed at the time such
partial destruction until the nonconforming sign is otherwise abated by the
provisions of this ordinance. In either event, a permit for restoration or
repair must be applied for within a period of thirty (30) days from the date
of damage or destruction, and be completed within sixty (60) days after
beginning restoration or repair.
F. Existing temporary signs shall expire at the termination date specified on
the permit, but in no case later than six (6) months from the passage of this
ordinance. New temporary signs shall be allowed only in conformance
with the provisions contained in this ordinance. Such signage must be
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removed by the close of business of the day the temporary sign permit
expires.
8 -11 -12 PERMITTING PROCEEDURES
Permits for Permanent and Temporary Signs
A. No sign shall be erected, enlarged, expanded, altered or relocated unless the
person proposing to erect, alter or move such sign shall obtain a permit from the
Code Official. Such permit shall be issued only when the sign complies with all of
the applicable provisions of this ordinance. The fee for granting such a permit
shall be established by the City Council. The schedule of fees shall be posted in
the City offices and may be amended only by the City Council. Routine sign
maintenance, changing of parts designed for change or changing the content of a
sign in any manner which does not change the functional classification of the sign
shall not, standing alone, be considered an alteration of the sign requiring the
issuance of a permit, unless such change of parts or content relates to or is
occasioned by a change in the ownership or nature of the activity to which the
sign relates or which is conducted on the premises on which the sign is located.
B. Any person desiring a permit for a permanent or temporary 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, accurately 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.
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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
Wind Feather 30 days ($25 fee) renewable ($5 fee)
Construction during active building permit issuance
SECTION 8 -11 -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:
I . 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.
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