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HomeMy WebLinkAboutG41-76 a � . Ordinance No. G41-76 e" AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ELGIN AND OTHERWISE REGULATING THE USE OF SIGNS BY ADDING SECTION 21-111 ENTITLED "COMMUNITY GRAPHICS" WHEREAS, a public hearing was held by the Planning Committee to consider amendment of the Elgin Zoning Ordinance concerning community graphics; and WHEREAS, the Planning Committee has recommended that the amendments described in the petition be made in the manner recommended; and WHEREAS, the City Council of the City of Elgin, after study and review, concurs in said recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 21-103, Rules and Definitions, of Chapter 21 of the City Code of the City of Elgin, of the Elgin Zoning Ordinance, as amended, be further amended by including the following definitions in addition to and in lieu of any conflicting definitions: "ANIMATED SIGN. Any sign or part of a sign which changes physical position by any movement or rotation. ARCADE SIGN. A wall or projecting sign attached to the roof or wall of an arcade and totally within the outside limits of the structural surfaces which are delineating the arcade. ATTENTION-GETTING DEVICE. Any pennant, flag, valance, banner, propeller, spinner, streamer, search lights, balloon, or similar device or ornamentation designed for the purpose of attracting attention, promotion, advertising, or similar purposes. AWNING. Any structure made of cloth, metal, or other material attached to a building when the same is so erected as to permit its being raised or retracted to a position against the building when not in use. BILLBOARD OR POSTERBOARD. A single or double faced street graphic permanently fixed or placed on the premises, which may have "change-copy" or a street graphic used for the display of information not associated with a use established on the same premises as the street graphic. BUILDING LINE. The line as established by the face of the building. BUILDING SIGN. A sign attached to, and supported by, the exterior of any part of a building except the roof. CANOPY. A structure, other than an awning, made of cloth, metal, or other material with frames attached to a building, and carried by a frame supported by the ground or sidewalks. CHANGEABLE COPY SIGN. A sign whereon provision is made for letters or characters to be placed in or upon the surface area either manually or electronically to provide a message or picture which is not permanent in nature. 1 ♦V COMMUNITY GRAPHIC means any letters, figures, symbol, trademark, or eevice intended to attract attention to a place, subject, person, firm, corporation, public performance, article, machine, or merchandise painted, printed, or con- structed and displayed in any manner whatsoever which is intended to be seen by persons in the public right-of-way, including signs. ENFORCEMENT OFFICIAL. The Land Use Administrator. EXTERIOR RATE SIGN. Any sign upon which is designated or written out in words, numbers, or figures, rates, prices, or any combination thereof of products, goods, or services. EXTERIOR WALL SURFACE. The most exterior part of a wall, sun screen, or any screening or material covering a building. FESTOON LIGHTING. A group of two or more incandescent light bulbs hung or strung overhead, not on a building or structure, which are exposed to the view of persons on a public right-of-way, and which are not shaded or hooded to prevent the direct rays of light from being visible from the property line. FLASHING SIGNS. Any directly or indirectly illuminated sign, either stationary or animated, which exhibits changing natural or artificial light or color effects by any means whatsoever. FREESTANDING SIGN. A sign completely or principally supported by posts or other supports independent of any building or other structure and anchored in or upon the ground, including ground signs and pole signs. GROUND SIGN. See FREESTANDING SIGN. ILLUMINATED SIGN, EXTERNAL. A sign illuminated by a source of light which is cast upon the surface or face of the sign to illuminate by reflection only. ILLUMINATED SIGN, INTERNAL. A sign, all or any part of which is made of incandescent, or other types of lamps; or a sign with painted, flush, or raised letters lighted by an electric lamp or lamps attached thereto; or a sign having a border of incandescent or flourescent lamps thereto attached and reflecting light thereon; or a transparent sign, whether lighted by electricity or other illuminant. MARQUEE. Any hood of permanent construction projecting from the wall of a building but not supported by the ground or sidewalk serving the purpose of providing shelter and protection from the weather. M)VING SIGN. Any sign which rotates or moves, or gives the visual im- pression of rotation or movement. NAMEPLATE. A sign attached to a building which displays only the name and/or address of the occupant and is not internally illuminated. OFF-PREMISE SIGN (this term also includes those signs commonly known as (0" advertising signs, billboards, and posterpanels) . A sign which directs atten- tion to a use, business, commodity, service, or activity not conducted, sold, or offered upon the premises where the sign is located. 2 • • firm, ON-PREMISE SIGN. A sign which relates solely to a use, business, or profession conducted, or to a principal commodity, product, service, or enter- tainment sold, provided, or offered upon the premises where the sign is located. POLE SIGN. See FREESTANDING SIGN. PORTABLE SIGN. Any sign that is not permanently affixed to a structure or the ground, and designed to be moved from place to place, including, but not limited to, signs attached to wood or metal frames designed to be self-supporting 'and movable; paper, cardboard, or canvas signs wrapped around supporting poles; and signs commonly trailer mounted and designed to be moved from place to place. PROJECTING SIGN. A sign supported by a building or other structure which projects over any street, sidewalk, alley, or public way or public easement; or which projects more than twelve (12) inches from the face of any building, structure, or supporting wall, including overhanging signs. PUBLIC INFORMATION SIGN. A sign conveying information to the general public, including but not limited to: signs that announce or provide information about community events, special events, and which give the time and temperature. At least fifty percent of the display time between 9:00 A.M. and 5:00 P.M. must be devoted to public information messages. REAL ESTATE SIGN. A sign located for purposes of advertising land or buildings available for sale, rental, or lease. ek RESIDENTIAL DEVELOPMENT SIGN. A permanent sign at major entrances designed to identify a residential subdivision or planned unit development and containing no commercial advertising. ROOF LINE. Either the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette; and where a building has several roof levels, this roof or parapet shall be the one belonging to that portion of the building on whose wall the sign is located. ROOF SIGN. A sign erected, constructed, or maintained in whole or in part upon or over the roof of a building or structure. SIGN. A sign is any object, device, display, or structure or part thereof which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion illumination, or projected images. The term "sign" includes, but is not limited to, every projecting sign, wall sign, painted sign, roof sign, billboard, posterboard, freestanding sign, ground sign, pole sign, windrow sign, vehicle sign, awning, canopy, marquee, changeable copy sign, illumi- nated sign, flashing sign, animated sign, temporary sign, portable sign, banners, streamers, or any other attention-getting device, or other display, whether affixed to a building or separate from any building. SIGN STRUCTURE. A structure constructed for the purpose of displaying a e., sign. SIGN, SURFACE AREA OF. The area of a sign is the total exposed surface devoted to the street graphic's message, including all ornamentation, embellish- ment, and symbols, but excluding the supporting structure which does not form 3 . . e"` part of the sign proper or of the display. The area of a sign shall be computed by the customary applicable mathematical formula for the shape of the sign face, including both copy, background, and any frame or boxed display. In the case of irregular shaped signs, or signs made up of separate letters or characters con- nected in meaning, the area shall be determined by computing the area lying within straight lines connecting the extreme projections, corners, or edges of the letters, characters, symbols, and other figures composing the sign taken as a whole. Where a sign has two or more display faces of unequal dimensions, the area of the largest face shall determine the sign surface area. In the case of a ground graphic designed with more than one exterior surface containing items of information, the area shall be computed as including only the maximum single display surface which is visible from any one ground position. TEMPORARY SIGN. Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, for use for a period not to exceed thirty (30) days. TIME AND/OR TEMPERATURE SIGNS. See PUBLIC INFORMATION SIGNS. UNDER MARQUEE SIGN. Any sign suspended beneath a canopy or marquee, intended generally to attract pedestrian traffic. VEHICLE SIGN. Any sign attached to or painted on a motor vehicle which advertises a business, product, or service not directly connected with the vehicle upon which such a sign is placed; or any vehicle upon which a message is written which is parked or placed so that its sole function is that of a sign. WALL SIGN. A sign mounted, attached to, or painted on the exterior wall of a building or structure in a plane parallel to that of the supporting wall. A wall sign may not project more than twelve (12) inches from the plane of the structure to which it is attached. WINDOW PROMOTIONAL SIGN. A temporary sign visible from the exterior of a building or structure which is painted on a window; depicted upon a card, paper, or other material; or placed on, taped on, or hung immediately behind the window; or displayed from a window for the specific purpose of attracting attention of the passerby to a sale, or to promotional items, or other products or services. WINDOW SIGN. A permanent sign visible from the exterior of a building or structure which is painted on a window; depicted upon a card, paper, or other material; and placed on, taped on, or hung immediately behind the window, or displayed from a window for the specific purpose of identifying the proprietor or name of business to the passerby. A window sign shall not be construed to be a window promotional sign." Section 2. That Section 21-111, Community Graphics, is hereby added to the Elgin Zoning Ordinance, as amended, and is to read as follows: A. PURPOSE AND INTENT te- The purpose of this section is to create the framework for a comprehen- sive but balanced system of street graphics and thereby to facilitate communication between people and their environment. With this in mind, this ordinance is adopted for the following purposes: 4 ,, (1) To authorize and promote the use of street graphics which are: el a. compatible with their surroundings; b. appropriate to the type of activity to which they pertain; c. expressive of the identity of individual proprietors or of the community as a whole; d. legible in the circumstances in which they are seen. (2) To preserve, protect, and promote the public health, safety, and welfare. (3) To enhance the economy and the business and industry of the city by promoting the reasonable, orderly, and effective display of street graphics, and encouraging better communication with the public. (4) To enhance the physical appearance of the city by preserving the scenic and natural beauty of the area. (5) To protect the general public from damage and injury which may be caused by the faulty and uncontrolled construction and use of street graphics within the city. (6) To protect the pedestrians and motorists from damage or injury caused by the distractions, obstructions, and hazards created by certain street graphics. (7) To protect the public investment in streets and highways by re- ducing distractions that may increase traffic accidents. (8) To protect the physical and mental well-being of the general public by reorganizing and encouraging a sense of aesthetic appreciation for the visual environment. (9) To preserve the value of private property by assuring the com- patibility of street graphics with surrounding land uses. B. GENERAL PROVISIONS (1) Specific Prohibitions: The following community graphics are prohibited: a. Attention getting devices, unless they are specifically per- mitted by another section of this ordinance b. Flashing signs, except public information signs c. Moving signs d. Projecting signs e. Portable signs 5 f. Festoon lighting e•- g. Roof signs h. Vehicle signs i. Painted wall signs (signs painted directly on walls) j. Any sign or sign structure which constitutes a hazard to public health or safety, as determined by the enforcement official. k. Signs which, by reason of size, location, content, coloring, or manner of illumination, obstruct the vision of drivers, or obstruct or detract from the visility or effectiveness of any traffic sign or control device on public streets and roads, as determined by the enforcement official. 1. Signs which make use of words such as "STOP", "LOOK", "ONE-WAY", "DANGER', "YIELD", or any similar words, phrases, symbols, lights, or characters in such a manner as to interfere with, mislead, or confuse traffic. m. Any on premise sign which advertises a business no longer con- ducted or a product no longer sold, on the premises where such signs are located. n. Any off premise sign which advertises a business no longer eft. conducted or a product no longer sold. o. Signs on trees, utility poles, or public property (other than public information signs) which are not part of a building structure. (2) Permits Not Required The provisions and regulations of Section 21-111 shall not apply to the following community graphics, nor shall the area of such community graphics be included in the sign area permitted for any establishment: a. Contractor Signs. Signs which name the contractors engaged in the construction on the property where the sign is located. Such signs, not to exceed 32 square feet, shall not be erected prior to the start of construction and shall be removed at the time of issuance of the occupancy permit. b. Development Identification Sign. Signs which identify a pro- ject under construction shall not exceed one hundred forty- four (144) square feet in area. Said signs shall not be erected more than thirty (30) days prior to the start of con- struction and shall be removed within 180 days after issuance of the final occupancy permit. c. Flags containing symbols or crests of nations, of any organi- zation of nations, states and cities, fraternal, religious, and civic organizations containing no advertising material or message. 6 d. Holiday Decorations. Signs in the nature of decorations, clearly incidental and customary and commonly associated with any national, local, or religious holiday; provided low that such signs shall be displayed for a period of not more than sixty (60) days in any one year; and may be of any type, number, area, height, location, illumination, or animation. Such decorations may not be used for advertising purposes. e. Informational Signs. Signs directing and guiding automotive or pedestrian traffic or parking on private property, as required in Section 21-110, but bearing no advertising matter, including such signs identifying rest rooms, public telephones, walkways, and similar features or facilities. f. Institutional Signs. Non-illuminated bulletin boards not over twenty (20) square feet in area for public, charitable, or reli- gious institutions located on the premises of said institution. All other institutional signage will be regulated by Section C (1), (2), and (6). However, symbols, such as crosses or other religious representations, may be permitted as architectural features, including roof mounted symbols, otherwise in compliance with applicable ordinances. g. Memorial Signs. Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or inlayed so as to be part of the building or when constructed of bronze or other incombustible material. Ii. Nameplates. Signs not exceeding two (2) square feet in area and bearing only the name of the building and/or address of premises. i. No Trespassing Signs or other such signs regulating the use of a property, such as no hunting, no fishing, etc. , of no more than two (2) square feet in area. j. Political Campaign Signs. Signs or posters announcing candi- dates seeking public political office and/or political and public issues contained on a ballot, and data pertinent there- to, up to an area of thirty-two (32) square feet, and not exceeding a height of ten (10) feet. Such signs shall not be displayed earlier than 60 days before an election and shall be removed within seven (7) days after an election. k. Public Sins. Legal notices, identification, informational, or directional signs erected or required by governmental bodies, or authorized for a public purpose by any law, statute, or ordinance. Public signs may be of any type, number, area, height above grade, location, illumination, or animation, as authorized by law, statute, or ordinance under which such signs are created. 1. Real Estate Signs. "For Sale," "For Rent," and "Sold" signs which advertise the sale or rental of the real estate upon which said sign is located or which indicate that the property has been sold. Said signs shall not exceed six (6) square feet on real estate less than one (1) acre. Signs on parcels one acre and over, but less than five, shall not exceed thirty-two (32) square feet. Signs on parcels five acres and over shall be subject to the provisions in C. (2) b-d of this ordinance. Real estate signs may remain in place during the time the property 7 eft is for sale or rent, and for a period not to exceed one week after the consunation of the sale or rental of the property. No more than one (1) real estate sign per lot, except that a corner lot may have one such real estate sign per street front exposure. m. Rummage Sale or Garage Sale Sign. All such garage sale signs shall not be displayed more than two (2) times per year at any given sale location, nor shall the exposure of said signs exceed five (5) days. In addition, no such sign shall exceed six (6) square feet in surface area. n. Signs Located in the Interior of Any Building, or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses. o. Signs of Public Utility Companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones. p. Window Displays. Merchandise, pictures, or models of products or services incorporated in a window display. q. Window Promotional Signs and Window Signs. Such signs are subject to the regulations contained in section C. 7. of this ordinance. (3) Permits Required It shall be unlawful for any person to erect, construct, alter, maintain, or relocate any sign (other than such signs as specifi- cally listed in section 21-111, B (2) above) , within the City of Elgin without first meeting all requirements of the City of Elgin, obtaining a permit, and paying the fees required. Routine main- tenance or changing of parts or copy designed for changes shall not be considered an alteration, provided such change does not alter the surface area, height, or otherwise make the sign non- conforming. C. PERMITTED COMMUNITY GRAPHICS. The following types of graphics are permitted subject to meeting all requirements of the zoning ordinance: (1) On-Premise Flush Moulted (Wall) a. Flush mounted (wall) graphics may be attached flat to or pinned away from the wall and shall not project from the wall more than twelve (12) inches. In the case of a mansard roof, the sign shall not project beyond that line established by that part of the roof which projects farthest from the wall support- ing it, nor shall flush mounted signs extend above the roof line. b. No wall sign shall be erected or maintained unless it meets all of the following requirements: • .$ 1. Number: No more than one (1) wall graphic per street front exposure shall be maintained on any one (1) parcel of property or store front. 2. Area: The total sign surface area of any wall graphic on any single building shall not exceed 3.0 times the lineal front footage of the building face having a street front ex- posure nor the following maximum area requirements, whichever is less: (a) One hundred twenty (120) square feet, where the build- ing is set back less than two hundred (200) feet. (b) Two hundred forty (240) square feet, where the building is set back two hundred (200) feet or more, but less than four hundred (400) feet. (c) Four hundred eighty (480) square feet, where the build- ing is set back four hundred (400) feet or more. c. No flush mounted graphic shall cover or interrupt major archi- tectural feathres such as doors, exits, and windows. d. If the graphic is enclosed by a box or outline, the total area of the graphic, including the background, is counted as part of the signable area. (2) On-Premise Freestanding (Pole and Ground) a. Display: No business establishment shall display a freestanding sign unless said establishment is directly accessible by car and provides a minim= of four (4) parking spaces on the premises where such freestanding sign is displayed, or if said establish- ment is set back at least fifteen (15) feet from the right-of-way. b. Area: No freestanding sign shall exceed eighty (80) square feet in sign surface area, except as provided herein. c. Height: No freestanding sign shall exceed twenty-two (22) feet in height except as otherwise provided herein. In all cases, height shall be measured from grade at the edge of the right-of- way to the top of the sign. d. Setback: No portion of a freestanding sign shall project over or into the public right-of-way (property line). e. Number: No more than one (1) freestanding sign shall be main- tained on any one (1) parcel of property. However, on parcels with a minimum of 300 feet of street frontage, up to two (2) freestanding signs may be maintained, one (1) sign with a maxi- mmnm of thirty-two (32) feet in height and two hundred thirty (230) square feet in sign area, and a second sign with a maxi- mum of twenty-two (22) feet in height and one hundred and fifty (150) square feet in sign area. In such instances, a minimum spacing of one hundred (100) feet shall be maintained between ., said signs. egv f. Distance Between Signs: A one hundred (100) foot separation shall be maintained between all freestanding signs wherever physically possible, measured parallel to the direction of travel on the adjacent street. 9 g. Expressway Sign: Any business establishment located within six hundred sixty (660) feet of a limited access expressway such as the Illinois Noithwest Tollway and Illinois Route 20 Bypass, may have a freestanding sign on the parcel where the business is conducted and said sign shall be directed to that right-of-way provided that there is an accessible exit within twenty-five hundred (2,500) feet of the sign. The surface area of such freestanding sign shall not exceed 230 square feet, and the height of such sign shall not exceed 32 feet. (3) Off-Premise (Billboards) a. Location: Off-premise signs shall be permitted only in the B-3, B-4, M-1, and M-2 zoning districts. b. Area: Off-premise signs shall not exceed three hundred (300) square feet in area. c. Height: No off-premise sign shall exceed twenty five (25) feet in height. No off-premise sign shall be roof mounted. d. Setback: Off-premise signs shall be set back a minimum of fifteen (15) feet from any public right-of-way in B-3 and B-4 districts and twenty five (25) feet from any public right-of- way in M-1 and M-2 districts. e. Spacing: A minimum spacing of three hundred (300) feet shall be maintained between all off premise signs on the same side of the street facing in the same direction, provided however the fore- going spacing between sign structures requirement shall not apply to structures that are completely screened from one another by building, natural surroundings or other obstructions in such a manner that only one sign located within such distance is visible at any one time. No off premise sign shall be located within one hundred (100) feet of any residential district if copy of said signs can be seen by residents of that district. (4) Accessory Signs a. Signs Accessory to Automobile Service Stations: 1. Service stations shall be permitted one (1) exterior rate or price sign for each street front exposure. The dimen- sions of each such sign shall not exceed ten (10) square feet. Such signs shall be pole mounted and shall state the price completely- when displayed. 2. All other portable signs, as defined in this ordinance, are expressly prohibited; however, temporary signs may be per- mitted in accordance with the provisions set forth in this ordinance. . b. Signs Accessory to Shopping Centers: 1. For purposes of this ordinance, a shopping center shall be defined as: A grouping of commercial uses and/or buildings either under single, joint, or separate ownership designed and developed to offer a safe, efficient, and attractive shopping area, 10 usually with common off-street parking areas, a pedestrian mall, controlled access, and uniform, compatible signing. 2. In addition to the sign area allowed for the individual r businesses therein, shopping centers shall be allowed one (1) identification sign (which may be illuminated) on each street front exposure. Such signs- shall not extend beyond the property line or into the right-of-way and shall be used solely to identify the shopping center, shopping area, or all of the businesses or activities conducted therei 3. The allowable sign area for said signs shall be computed at one and one-half (1.5) square feet for every lineal foot of frontage of the total shopping center building or one (1) square foot for every lineal foot of lot frontage, whichever is greater. The maximum area for said sign shall not exceed one hundred fifty (150) square feet, and the maximum height for such identification signs shall be twenty-five (25) feet. If lot frontage exceeds 300 feet, then allowable signage will be subject to the provisions of C. (2) e. 4. In a unified shopping center, interior stores not having a street front exposure shall be permitted to maintain one flushmounted sign in accordance with C. (1), above. (5) Temporary a. Temporary Signs and Attention-Getting Devices: Certain temporary signs and attention-getting devices, as defined in this ordinance, may be permitted for promoting special community activities, special events such as grand openings, or activities of non- profit organizations subject to the following provisions: 1. Size: No temporary sign shall exceed thirty-two (32) square feet in sign area. 2. Number: Not more than one temporary sign, as defined by this ordinance, shall be permitted on a parcel of property. 3. Permit Limitations: A permit must be obtained for all temporary signs. Permits for a temporary sign shall be limited to thirty (30) days or less, as determined by the enforcement official. Such sign shall be removed within twenty-four (24) hours after the expiration of the permit, unless a new permit is obtained. No more than four (4) temporary permits shall be issued for any one (1) parcel of property in any calendar year. b. Legend: No temporary sign shall contain any advertisement of any business, industry, or pursuit not conducted on or in the premises on which such sign is erected or maintained. c. Insurance Requirements: Insurance requirements provided for in this ordinance shall apply to temporary signs unless the enforcement official determines that by reason of the nature of the sign and the material of which it is constructed, that no insurance is required. 11 (6) Under Marquee One (1) sign located under a marquee shall be permitted for each business in a building. The total sign area shall not exceed six (6) square feet, and the width of any sign shall not exceed the width of the horizontal marquee projection. No -under marquee sign shall project more than eighteen (18) inches from any campy or other such structure. There shall be a minimum eight (8) feet clearance between the ground and any such sign. The permitted wall sign area and/or freestanding sign area shall be reduced for each square foot, or portion thereof, of sign area devoted to under marquee signs. (7) Window Signs and Window Promotional Signs The total area of window coverage shall not exceed fifty (50) percent of the total surface area of all display windows in each street exposure. D. GRAPHIC REGULATION BY DISTRICT. The general location of graphics is hereby restricted by zoning districts as follows: (1) Residential (R-1 through R-6) a. In residential districts, no graphic shall be erected except the following: 1. Awnings and Canopies 2. Contractor's Signs 3. Development Identification Signs 4. Flags S. Garage Sale $ Rummage Sale Signs 6. Holiday Decorations 7. Informational Signs 8. Institutional Signs 9. Memorial Signs 10. Nameplates 11. Political Campaign Signs 12. Public Signs 13. Real Estate Signs 14. Residential Development Signs 15. Temporary Signs. b. Signs permitted in residential use districts may be located in any required yard, but not less than five (S) feet from any property line. c. In no case shall the height of any sign in any residential district exceed eight (8) feet, with the exception of flags, which shall not exceed a height of twenty-two (22) feet. 12 . . . . d. In no case shall the area of any ground sign in any residential district exceed eighty (80) square feet, with the exception of Development Identification Signs, which shall not exceed one hundred forty-four (144) square feet in area. (2) Business B-1 through B-4) a. In business districts, no graphic shall be erected except the following: 1. Accessory Signs 2. Awnings and Canopies 3. Freestanding Signs 4. Marquees 5. Off-Premise Signs (B-3 and B-4 only) 6. Public Information Signs 7. Signs not Subject to Permit 8. Signs permitted in Residential Districts, except (1) a. 5 9. Temporary Signs 10. Under Marquee Signs 11. Wall Signs 12. Window Promotional Signs 13. Window Signs (3) Manufacturing (M-1 and M-2) In manufacturing districts, no graphic shall be erected except those as permitted in business districts. E. CONSTRUCTION, MAINTENANCE, PERFORMANCE STANDARDS FOR ALL GRAPHICS (1) Maintenance The provisions of this section are in addition to the provisions of Article 14 (Signs and Outdoor Display Structures) of the BOCA Basic Building Code of 1975, as amended. a. Removal of Abandoned On-Premise Signs: Any on premise sign which no longer advertises a bona fide business conducted, or a product sold on the premises where said sign is located shall be removed by the owner, occupant, leasee, or person having the beneficial use of the property upon Which such sign may be found. Any off premise sign which advertises a business no longer conducted or a product no longer sold shall also be removed as provided for on-premise signs. If such person fails to remove the sign, the enforcing officer shall give the owner of the premises fourteen (14) days written notice to remove it. Upon failure to comply with this notice, the enforcement official may remove the sign with all costs to be borne by the owner of the premises, occupant, leasee, or 13 ek person having the beneficial use of the property on which the sign is located. The cost of removal shall constitute a lien upon said premises and may be enforceable as provided in the aforementioned section of this ordinance. b. Removal of Unsafe or Unlawful Signs: If the enforcement official shall find that any sign or sign structure is unsafe or in- secure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the pro- s visions of this ordinance, he shall give written notice to the permittee thereof or to the owner of the premises as shown on the most recent tax rolls or to the person having the benefi- cial use of the sign. If the permittee or owner fails to remove or alter the structure so as to comply with the standards herein set forth within fourteen (14) days after said notice, the sign or sign structure shall be removed or altered to comply with the standards of the ordinance at the expense of the permittee or owner of the property upon which it is located, or however, notwithstanding any other provision of this ordinance, the enforcement official may cause any sign which is an immediate and imminent peril to persons or property, to be removed summarily with or without notice. (2) Electrical The wiring of all signs shall be contained in rigid conduit or flow enclosed in poles or raceways. In no case shall the wiring be exposed to-the view of.the 'pthlic. (3) Sign Structure and Support Requirements a. All signs shall be of such a design that all framework for the lateral support of the sign shall be contained within the sign's body or within the structure of the building to which it is attached, in such manner as not to be visible to any person. b. All sign structures shall be designed and constructed in a manner that is safe, and shall be free of any exposed extra bracing, angle iron, guy wires, cables, and so forth. Where necessary, the projecting cantilever system shall be used, and and "A" frame system shall not be used. (4) Sign Face No signs or sign structures shall have any nails, tacks, wires, or sharp metal edges protruding therefrom. (5) Goose Neck Reflectors Gooseneck reflectors and lights shall be permitted n freestanding signs and wall signs, provided, however, that any lights be con- centrated on the sign and be prevented from causing any glare on, or striking the street or nearby property. 14 (6) Illumination Intensity Requirements a. In no case shall the lighting intensity of any sign exceed the fir► limit of seventy-five (75) footcandles measured with a standard light meter perpendicular to the face of the sign at a distance equal to the narrowest dimension of the sign, whether it be height or width. - b. In no case shall any exposed reflective type bulbs, incan- descent lamp, or any other type of bare bulb illumination exceed 25 watts. (7) Control of Illumination All illuminated signs shall not be permitted to cast any direct light into, or shine upon, or reflect on any residential district. Illumination of signs in direct line of traffic control signals shall not be red, green, or amber color. (8) Glass Requirements Any glass forming a part of any sign shall be heavy safety glass and a minimum of one-fourth (1/4) inch in thickness. Where any single piece or pane of glass has an area exceeding three (3) square feet, it shall be wired glass. F. CONSTRUCTION, MATERIAL, AND PERFORMANCE STANDARDS POR INDIVIDUAL SIGNS The provisions of this section are in addition to the provisions of Articles 3 and 14 of the BOCA Basic Building Code, 1975, as amended. (1) Awnings and Canopies: It shall be unlawful to erect, construct, or maintain any awning or canopy unless the following provisions are followed: a. Construction Materials: ThP construction materials and manner of construction of all awnings and canopies shall be subject to the approval of the enforcement official. b. Location - Height Above Sidewalk: All awnings shall be con- structed and erected so that the lowest portion thereof shall be not less than eight (8) feet above the level of the sidewalk or parkway. All canopies shall be maintained entirely upon private property. c. Setback from Curb Line: No awning shall be permitted to extend beyond a point two (2) feet inside the curb line, nor more than ten feet from building face. No awning shall be located so as to obstruct the view of flush-mounted signage of adjacent properties. d. Erection: 1. Awnings-support: Every awning shall be securely attached to and supported by the building. Posts or columns beyond the building line shall not be permitted for awnings. It shall be unlawful to attach any awning to the wood jambs, frames, or other wood members of a building (frame buildings excepted) when such building is less than ten (10) feet from public property. 15 . • • 2. Canopies-support: The framework of all canopies shall be designed by a structural engineering or registered archi- tect and approved by the enforcement official as in com- pliance with the building code. All frames and supports shall be designed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area. All canopy supports shall be designed so as not to obstruct the continuous flow of pedestrian traffic along any side- walk, and in conformance with any other reasonable require- ments established by the enforcement official. e. Advertising: No advertising shall be placed on any awning or canopy except that the name of the owner and the business, industry, or pursuit conducted within the premises may be painted or otherwise permanently placed in letters not exceed- ing ten (10) inches in height on the front and side portions thereof. (2) Marquees It shall be unlawful to construct, erect, or maintain any marquee without complying with the following provisions: • a. Construction - Materials Required: All marquees, including the anchors, bolts, support rods, and braces thereof, shall be designed by a structural engineer or registered architect and subject to approval by the enforcement official. b. Drainage: The roofs of all marquees shall be properly guttered and connected by down spouts to a drain so that the water therefrom will not drip or flow directly onto public property. c. Roofs: The roofs of all marquees shall be used for no other purpose than to form and constitute a roof. d. Location: 1. Height above sidewalk: No portion of a marquee shall be less than eight (8) feet above the level of the sidewalk or other public thoroughfare. 2. Set-back from curb line: In the B-2 district, no marquee shall be permitted to extend beyond a point two (2) feet inside the curb line, nor more than ten feet from building face. In all other business districts, no marquee nor mansard roof can project more than three feet into a required yard. e. Advertising: No advertising shall be placed on any marquee except that the name of the owner and/or business, industry, or pursuit conducted therein may be placed on the leading edge of the marquee but shall not project higher than the marquee height nor be wider than the marquee width. The sign area of a marquee sign shall be reduced for each square foot or portion thereof, from the total area devoted to fiushmounted signs, as stipulated in part C (1) b. In lieu of the flushmounted sign 16 allowed in Part C (1) b, such sign may be mounted on the marquee, but shall not project higher than three times the marquee thick- ness, not to exceed 3 feet, nor higher than the roof line. G. NON-CONFORMING GRAPHICS Graphics existing at the tine of the enactment of this ordinance and not conforming to its provisions, but which were constructed in compliance with previous regulations and ordinances shall be regarded as lawful non- conforming graphics. (1) Declaration of Public Policy It is reasonable that a time limit be placed upon the continuance of existing non-conforming signs. An amortization program permits the owner to depreciate his investment over a given tine period, during which he is allowed to continue the non-conforming signs, while at the same time assuring that the district in which the non-conforming signs exist will eventually benefit from a substan- tial uniformity of permanent signs. (2) Restrictions on Non-Conforming Graphics: A lawful non-conforming graphic (sign) shall not be: a. changed to another non-conforming sign; b. structurally altered so as to prolong the life of the sign; c. expanded; d. re-established after its discontinuance for thirty (30) days; e. moved in whole or in part to another location unless said sign, and the use thereof, is made to conform to all the regulations of this ordinance; f. re-established after damage or destruction in an amount exceed- ing fifty (50) percent of the estimate, initial value of the sign, as determined by the enforcement official. (3) Immediate Removal of Certain Non-Conforming Signs: Any non-conforming sign which is prohibited by or in violation of this ordinance under any of the following sections shall either be altered or removed to bring such sign into full compliance with this ordinance within ninety (90) days after the passage of this ordinance: SECTICNS 21-111: B (1) a. Attention getting devices B (1) b. Flashing signs B (1) c. Moving signs B (1) e. Portable signs B (1) f. Festoon lighting 17 B (1) h. Vehicle signs B (1) j. Sign which constitutes a hazard to public health or safety B (1) 1. Signs which obstruct or detract from the effectiveness of any traffic sign B (1) m. Signs made up of words or symbols which mislead or confuse traffic B (1) n. Signs on public property C (1) c. Signs which obstructs architectural features C (4) a. Signs Accessory to Automobile Service Stations C (7) b. Window promotional signs E (6) Illumination Intensity Requirements E (7) Control of Illumination (4) Removal Procedure: All other non-conforming signs shall be removed or brought into compliance with the requirements of this ordinance within five (5) years dating from the effective date of this ordinance. At the end of the applicable removal period, non-conforming signs shall be removed within thirty (30) days by the person having beneficial use of the land on which the signs are located, or by the owner of the premises. (5) Exemptions: a. Signs which are presently non-conforming by virtue of having an area in excess of the maximum set forth herein in an amount not to exceed twenty (20) percent of the allowable sign surface area shall be exempt from the removal provisions of this ordinance. b. Signs which are presently non-conforming by virtue of having a height in excess of the maximum set forth herein in an amount not to exceed five (5) feet higher than the allowable height shall be exempt from the removal provisions of this ordinance. c. No further variation may be granted for existing signs unless such petition is made under Section (7)a 3. H. ADMINISTRATION The following provisions specifically relate to the administration of Community Graphics and supplement Section 21-112 of the Zoning Ordinance: (1) Permits Required: It shall be unlawful for any person to erect, construct, alter, or relocate any sign (other than such signs as specifically listed in Section 21-111, B-2) within the City of Elgin without first obtain- ing a permit from the enforcement official and paying the fee re- quired. Routine maintenance or changing of parts designed for changes shall not be considered an alteration, provided such change does not alter the surface area, height, or otherwise make the sign non-conforming. (2) Application for Permit Application for permit shall be made in the office of the Department of Community Development and shall include the following information: 18 a. Name, address, and telephone number of the applicant, owner, and occupant of the property and owner of the sign. b. Location of the building, structure, or parcel of property to which or upon which the sign is to be attached br erected. c. Position of sign in relation to nearby buildings, structures, property lines, and rights-of-way. d. A copy of plans and specifications showing method of construc- tion, location, and support. e. Sketch showing sign faces, exposed surfaces, and proposed mes- sage thereof, accurately represented in scale as to size, area, proportion, and color. The proposed message requirement does not apply to those signs whose copy would change frequently. f. Name of persons, firm, corporation, or association erecting sign. g. Written consent of the owners of the building, structure, or • land on or to which the sign is to be erected. h. Such other information as the enforcement official shall require to show full compliance with this and all other laws and ordi- nances of the city. eft (3) Issuance of Permit It shall be the duty of the enforcement official, upon the filing of an application for a permit, to examine such plans and specifi- cations and other data related to proposed erection of the sign and sign structure; if it shall appear that the proposed sign and sign structure is in compliance with all the requirements of this ordi- nance, and all other ordinances of the city, the permit shall then be issued. If the work authorized under the permit has not been completed within six (6) months after date of issuance, then said permit shall become null and void. • (4) Permit Fees Every applicant, before being granted a permit, hereunder shall pay the requisite permit fee to the city for each sign. The amount of such permit fees shall be determined and set by the City Council from time to time. (S) Insurance or Bond Requirements a. Every applicant for a permit for a sign which will extend over a public right-of-way or which is so located that it may fail upon the same, shall file with the enforcement official, before the permit is granted, a liability insurance policy covering all damage or injury that might be caused by each of said signs, or certificate of insurance therefore, issued by an insurance company authorized to do business in the State of Illinois and satisfactory to the enforcement official, with limits of lia- bility of not less than $20,000 for the property damage and 19 $300,000 for personal injuries. The City of Elgin, its officers, • agents, and employees, shall be named as additional parties in- sured. Such liability insurance policy shall be maintained in force throughout the life of the permit, and if at any time it shall not be in full force, the permit shall be revoked by the enforcement official. b. In lieu of insurance as provided for in this section, an appli- cant may file an indemnity bond, with a corporate surety satisfactory to the enforcement officer, in the amount of $300,000, which will provide that the principal and surety will indemnify and hold harmless the City of Elgin, its officers, agents, and employees from all claims, loss, or suits resulting from any such sign. (6) Registration of Graphics a. All existing signs and every sign hereafter erected shall have a permanent identification tag provided by the city, or have painted in a conspicuous place thereon the date of erection, the permit number, the voltage of any electrical apparatus used in connection therewith, and such other information as the city may reasonably require. Owners of existing signs shall regis- ter their signs within one (1) year after the adoption of this ordinance. tow b. All signs which do not display the proper registration identifi- cation tag or information after the grace period has expired will be considered abandoned and shall be removed. If such person fails to remove the sign, the enforcing officer shall give the owner of the premises fourteen (14) days written notice to remove it. Upon failure to comply with this notice, the enforcement official may remove the sign with all costs to be borne by the owner of the premises, occupant, leasee, or person having the beneficial use of the property on which the sign is located. The costs of removal shall constitute a lien upon said premises and may be enforceable as provided in the afore- mentioned section of this ordinance. c. A copy of each permit issued, as provided in this ordinance, shall be kept on the premises where the sign is located for public inspection, except for off-premise signs. (7) Appeals and Variances a. Standard Variations: Variations shall be granted only on evi- dence that signage cannot be reasonably installed as provided in this ordinance due to the unique physical characteristics of the property, its surroundings, and/or the nature of the sign itself. 1. Variations may be granted by the Land Use Administrator within the following standards: (a) Area: Signs which would be non-conforming by virtue of having an area in excess of the maximum set forth 20 herein in an amount not to exceed ten (10) percent of the allowable sign surface area. (b) Height: Signs which would be non-conforming by virtue of having a height in excess of the maximum set forth herein in an amount not to exceed two (2) feet higher than the allowable height. 2. Variations may be granted by the Zoning and Subdivision Hearing Examiner within the following limits: (a) Area: Signs which would be non-conforming by virtue of having an area in excess of the maximum set forth herein in an amount not to exceed twenty (20) percent of the allowable sign surface area. (b) Height: Signs which would be non-conforming by virtue of having a height in excess of the maximum set forth herein in an amount not to exceed five (S) feet higher than the allowable height. 3. Variations may be granted by Land Use Committee within the following limits: Location or Other Characteristics: Signs which would be non-conforming by virtue of their location or other characteristics may be granted a variation if it can be demonstrated that because of unique physical surroundings, shape, or topographical conditions of the specific prop- erty involved, would bring a particular hardship on the owner, or that no other reasonable alternatives exist which would conform to the ordinance and/or if the public good realized would be greater than that achieved should the strict letter of the regulation be carried out. b. Special District Variations A special district may be created to provide the opportunity for a creative approach to community graphics, which may not conform to all the conditions set forth in this ordinance. Approval of a special district may be recommended by the Land Use Committee subject to the submission of architectural plans which illustrate all proposed graphics that shall be created only in those cases where the petitioner can demonstrate that by not meeting all the requirements specified in the ordinance, conformance to Section 21-111, A. Purpose and Intent, will still be maintained. Final approval must be obtained from the City Council. Section 3. That Chapter 21 of the Elgin City Code, as amended, the Elgin Zoning Ordinance, be and is hereby amended by deleting the following sections eft or subsections: (1) Section 21-103, Rules and Definitions, entitled "Signs". (2) Section 21-107A(2)a, Residence Districts, entitled "Signs". 21 rik (3) Section 21-107A(2)b, Residence Districts, entitled "Signs". (4) Section 21-107A(2)c, Residence Districts, entitled "Signs". (5) Section 21-107B(2)nnn, Business Districts, entitled "Signs". (6) Section 21-103, Rules and Definitions, entitled "Signs, Advertising (Billboard or Poster Panel), Sign Business, Sign, Flashing, Sign, Surface Area of". (7) Section 21-108C(6)a- h, Business Districts, entitled "Signs". (8) Section 21-109B(5)a - f, Manufacturing Districts, entitled "Signs, Marquees and Awnings". (9) Section 21-103, Rules and Definitions, entitled "Nameplate". (10) Section 21-108B(6)a- h, Business Districts, entitled "Signs". (11) Section 21-108E(2)t, Business Districts, entitled "Signs". (12) Section 21-108E(6), Business Districts, entitled "Signs". (13) Section 21-109B(5)a- f, Manufacturing Districts, entitled "Signs, Marquees and Awnings". (14) Section 21-108D(7), Business Districts, entitled "Signs". (15) Section 21-103, Rules and Definitions, entitled "Awnings". (16) Section 21-103, Rules and Definitions, entitled "Marquee". (17) Section 21-107B(1)d, Residence Districts, entitled "Per- mitted Uses (Signs)". (18) Section 21-108D(2)ff, Business Districts, entitled "Per- mitted Uses (Signs)". (19) Section 21-107.1A(1)r, Governmental Public and Recreational, entitled "Permitted Uses". (20) Section 21-108C(2)c, Business Districts, entitled "Per- mitted Uses". (21) Section 21-108C(3)b, Business Districts, entitled "Special Uses". (22) Section 21-108C(3)c, Business Districts,entitled "Special Uses". (23) Section 21-108B(3)m, Business Districts,entitled "Special Uses". 22 006- Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. That this ordinance shall be in full force and effect ten days after passage and publication and shall be published in pamphlet form by authority of the City Council. s/ Richard L , Verbic Richard L. Verbic, Mayor Presented: Sept September b r 8,,1976 Passed:Passed: Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk r k 23