G13-91 Ordinance No. G13-91
AN ORDINANCE
AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS, written application has been made to amend the
provisions of the zoning ordinance concerning community
graphics; and
WHEREAS, the Elgin Planning Committee held a public
hearing concerning the proposed amendment after due notice in
the manner provided by law; and
WHEREAS, the Elgin Planning Committee has submitted its
written findings and recommendation that the requested
amendment be granted; and
WHEREAS, the City Council of the City of Elgin, Illinois,
concurs in the findings and recommendations of the Planning
Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
Section 1 . That Section 19 .04 .565 of Chapter 19 . 04 of
the Elgin Municipal Code, 1976, as amended, be and is hereby
deleted.
Section 2 . That Chapter 19 .45 of Title 19 of the Elgin
Municipal Code, 1976 , as amended, be amended to read as
follows :
Chapter 19. 45
COMMUNITY GRAPHICS
Sections
19 .45 . 010 Purposes
19 . 45 . 020 Applicability - Effect
19.45. 030 Definitions and Interpretation
19. 45. 040 Computations
19. 45 .050 Signs Allowed on Private Property With & Without Permits
19 .45 .060 Permits Required
19 .45 .070 Design, Construction, and Maintenance
19 .45 .080 Master or Common Signage Plan
19 .45 . 090 Signs in the Public Right-of-Way
19 .45 . 100 Signs Exempt from Regulation Under This Ordinance
19.45 . 110 Signs Prohibited Under This Ordinance
r19 .45 .120 General Permit Procedures
19 .45 . 130 Permits to Construct or Modify Signs
19 .45 . 140 Temporary Sign Permits
19 .45 . 150 Nonconforming Graphics - Restrictions
19 .45 . 160 Violations
19 .45 . 170 Enforcement and Remedies
19 .45 . 180 Variations
19 .45.010 Purposes
lek The purposes of these sign regulations are: to encourage the
effective use of signs as a means of communication in the city;
to maintain and enhance the aesthetic environment and the city' s
ability to attract sources of economic development and growth; to
improve pedestrian and traffic safety; to minimize the possible
adverse effect of signs on nearby public and private property;
and to enable the fair and consistent enforcement of these sign
restrictions . This sign ordinance is adopted under the zoning
authority of the city in furtherance of the more general purposes
set forth in the zoning ordinance.
19.45.020 Applicability-Effect
A sign may be erected, placed established, painted, created, or
maintained in the city only in conformance with the standards,
procedures, exemptions, and other requirements of this ordinance.
The effect of this ordinance as more specifically set forth
herein, is:
A. To establish a permit system to allow a variety of types
of signs in commercial and industrial zones, and a limited
variety of signs in other zones, subject to the standards and
the permit procedures of this ordinance;
O B. To allow certain signs that are small, unobtrusive, and
incidental to the principal use of the respective lots on
which they are located, subject to the substantive
requirements of this ordinance, but without a requirement for
permits;
C. To provide for temporary signs without commercial messages
in limited circumstances in the public right-of-way;
D. To prohibit all signs not expressly permitted by this
ordinance; and
E. To provide for the enforcement of the provisions of this
ordinance.
-2-
19.45.030 Definitions and Interpretation
Words and phrases used in this ordinance shall have the meanings
set forth in this section. Words and phrases not defined in this
section but defined in the zoning ordinance of the city shall be
given the meanings set forth in such ordinance. Principles for
computing sign area and sign height are contained in the Section
19. 45 .040. All other words and phrases shall be given their
common, ordinary meaning (as defined in Webster' s Dictionary) ,
unless the context clearly requires otherwise. Section headings
or captions are for reference purposes only and shall not be used
in the interpretation of this ordinance.
1 . Animated Sign. Any sign that uses movement or change of
lighting to depict action or create a special effect or
scene.
2. Banner. Any sign of lightweight fabric or similar material
that is temporarily mounted to a pole or a building.
National flags, state or municipal flags, or the official
flag of any institution or business shall not be considered
banners.
3 . Beacon. Any light with one or more beams directed into the
atmosphere or directed at one or more points not on the same
zone lot as the light source; also, any light with one or
more beams that rotate or move.
rk 4. Building Marker. Any sign dictating the name of a building
and date and incidental information about its construction,
which sign is cut into a masonry surface or made of bronze or
other permanent material.
5. Building Sign. Any sign attached to any part of a building,
as contrasted to a freestanding sign.
6. Canopy Sign. Any sign that is a part of or attached to an
awning, canopy, or other fabric, plastic, or structural
protective cover over a door, entrance, window, or outdoor
service area. A marquee is not a canopy.
7. Changeable Copy Sign. A sign or portion thereof with
characters, letters, or illustrations that can be changed or
rearranged without altering the face or the surface of the
sign. A sign on which the message changes more than eight
times per day shall be considered an animated sign and not a
changeable copy sign for purposes of this ordinance. A sign
on which the only copy that changes is an electronic or
mechanical indication of time or temperature shall be
considered a "time and temperature" portion of a sign and not
a changeable copy sign for purposes of this ordinance.
F
-3-
8 . Commercial Message. Any sign wording, logo, or other
representation that, directly or indirectly, names,
'w advertises, or calls attention to a business , product,
( service, or other commercial activity.
9. Construction Project Sign. A sign which identifies the name
of the project under construction on the property where the
sign is located.
10 . Contractor Sign. A sign which names the contractor or
contractors engaged in construction on the property where the
sign is located.
11 . Development Identification Sign. A permanent sign located
at the major entrance or entrances that identifies the name
of a residential or industrial subdivision or planned unit
development.
12 . Flag. .Any fabric, banner, or bunting containing distinctive
colors, patterns, or symbols, used as a symbol of a
government, political subdivision, or other entity; mounted
on a pole.
13 . 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.
14 . Historic Marker. Any sign dictating historical information
rik about the property on which it is located and awarded by a
federal, state, or local government agency.
15. Incidental Sign. A sign, generally informational, that has a
purpose secondary to use of the zone lot on which it is
located, such as "no parking" , "entrance" , "loading only" ,
"telephone" , and other similar directives.
16. Marquee Sign. Any sign attached to, in any manner, or made a
part of a marquee.
17 . Nonconforming Sign. Any sign that does not conform to the
requirements of this ordinance.
18. Pennant. Any lightweight plastic, fabric, or other
material, whether or not containing a message of any kind,
suspended from a rope, wire, or string, usually in series,
designed to move in the wind.
19. Permit Control Officer. The employee of the city responsible
for the issuance of permits for signs located on private
property, or his or her designee.
20 . Person. Any association, company, corporation, firm,
organization, or partnership, singular or plural, of any
►,
kind.
-4-
21 . Portable Sign. Any sign not permanently attached to the
ground or other permanent structure, or a sign designed to be
transported, including, but not limited to, signs designed to
be transported by means of wheels; signs converted to A- or
T-frames, menu and sandwich board signs; balloons used as
signs; umbrellas used for advertising; and signs attached to
or painted on vehicles parked and visible from the public
right-of-way, unless said vehicle is used in the normal
day-to-day operations of the business.
22 . Principal Building. The building with which is conducted the
principal use or uses of the zone lot on which it is located.
Zone lots with multiple principal uses may have multiple
principal buildings, but storage buildings, garages, and
other clearly accessory uses shall not be considered
principal buildings.
23. Projecting Sign. Any sign affixed to a building or wall in
such a manner that the sign is either not installed parallel
to the building or wall, or its leading edge extends more
than nine inches beyond the surface of such building or wall.
24. Real Estate Sign. A sign which advertises the sale or rental
of the real estate upon which the sign is located.
25. Residential Sign. Any sign located in a district zoned for
residential uses that contains no commercial message except
advertising for goods or services legally offered on the
premises where the sign is located, if offering such service
rft at such location conforms with all requirements of the zoning
ordinance.
26 . Roof Sign. Any sign erected and constructed wholly on and
over the roof of a building, supported by the roof structure,
and/or extending vertically above the highest portion of the
roof.
27 . Roof Sign, Integral. Any sign erected or constructed as an
integral or essentially integral part of a normal roof
structure of any design, such that no part of the sign
extends vertically above the highest portion of the roof.
28 . Setback. The distance from the property line to the nearest
part of the applicable building, structure, or sign, measured
perpendicularly to the property line.
29 . Sign. Any device, fixture, placard, or structure that uses
any color, form, graphic, illumination, symbol, or writing to
advertise, announce the purpose of, or identify the purpose
of a person or entity, or to communicate information of any
kind to the public.
-5-
•
30 . Street. A strip of land or right-of-way subject to vehicular
and/or pedestrian traffic that provides direct or indirect
access to property, including, but not limited to, alleys,
avenues, boulevards, courts, drives, highways, lanes, places,
roads, terraces , trails, or other thoroughfares.
31 . Street Frontage. The distance for which a lot line of a zone
lot adjoins a public street, from one lot line intersecting
said street to the farthest distant lot line intersecting the
same street.
32 . Suspended Sign. A sign that is suspended from the underside
of a horizontal plane surface and is supported by such
surface.
33 . Temporary Sign. Any sign that is used only temporarily and
is not permanently mounted.
34 . Wall Sign. Any sign attached parallel to, but with the sign
face within nine inches of a wall and erected and confined
within the limits of an outside wall of any building or
structure, which is supported by such wall or building, and
which displays only one sign surface.
35 . Window Sign. Any sign, pictures, symbol or combination
thereof, designed to communicate information about an
activity, business, commodity, event, sale, or service , that
is placed inside a window or upon the window panes or glass
foilk and is visible from the exterior of the window.
36 . Zone Lot. A parcel of land in single ownership or unified
control that is of sufficient size to meet minimum zoning
requirements for area, coverage, and use, and that can
provide such yards and other open spaces as required by the
zoning regulations.
-6-
19.45.40 Computations. The following principles shall control
the computation of sign area and sign height.
A. Computation of Area of Individual Signs. The area of a
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, circle, rectangle, 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, but not including 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.
B. Computation of Area of Multifaced Signs. The sign
area for a sign with more than one face shall be computed by
adding together the area of all sign faces visible from any
one point. When two identical sign faces are placed back to
back and parallel, so that both faces cannot be viewed from
any point at the same time, and when such sign faces are part
of the same sign structure and are not more than 42 inches
apart (as measured from the farthest projections) , the sign
area shall be computed by the measurement of one of the
faces.
C. Computation of Height. The height of a sign shall be
computed as the distance from the base of the sign at normal
grade to the top of the highest attached component of the
sign. Normal grade shall be construed to be the lower of (1)
existing grade prior to construction or (2) the newly
established grade after construction, exclusive of any
filling, berming, mounding, or excavating solely for the
purpose of locating the sign. In cases in which the normal
grade cannot reasonably be determined, sign height shall be
computed on the assumption that the elevation of the normal
grade at the base of the sign is equal to the elevation of
the nearest point of the crown of a public street or the
grade of the land at the principal entrance to the principal
structure on the zone lot, whichever is lower.
D. Computation of Maximum Total Permitted Sign Area for a
Zone Lot. The permitted sum of the area of all individual
signs on a zone lot shall be computed by applying the
formulas contained in Tables B and C, to the lot frontage,
wall area or building frontage, as appropriate, for the
zoning district in which the lot is located. Lots fronting
on two or more streets are allowed the permitted sign area
for each street frontage. However, the total sign area that
•
is oriented toward a particular street may not exceed the
portion of the lot' s total sign area allocation that is
derived from the lot, building or wall area frontage on that
street.
-7-
19.45 .050 . Signs Allowed on Private Property With and
Without Permits. Signs shall be allowed on private property in
the city in accordance with, and only in accordance with, Table
A. If the letter "P" appears for a sign type in a column, such
sign is allowed with a no fee sign permit in the zoning districts
represented by that column. If the letter "S" appears for a sign
type in a column, such sign is allowed only with prior permit
approval in the zoning districts represented by that column.
Special conditions may apply in some cases. If the letter "N"
appears for a sign type in a column, such a sign is not allowed
in the zoning districts represented by that column under any
circumstances.
Although permitted under the previous paragraph, a sign
designated by an "S" or "P" in Table A shall be allowed only if:
A. The sum of the area of all building and freestanding
signs on the zone lot conforms with the maximum permitted
sign area as determined by the formula for the zoning
district in which the lot is located as specified in Tables B
and C;
B. The size, location, and number of signs on the lot
conform with the requirements of Tables B and C, which
establish permitted sign dimensions by sign type, and with
any additional limitations listed in Table A. All signs must
be located on a zone lot improved with an occupied principal
building; and
C. The characteristics of the sign conform with the
limitations of Table D, Permitted Sign Characteristics, and
with any additional limitations on characteristics listed in
Table A.
19.45.060 Permits Required
If a sign requiring a permit under the provision of this
ordinance is to be placed, constructed, erected, repaired or
modified on a zone lot, the owner of the lot shall secure a sign
permit prior to the construction, placement, erection, or
modification of such a sign in accordance with the requirements
of Section 19.45. 130 .
No signs shall be erected in the public right-of-way except in
accordance with Section 19 .45 . 090 (B) .
No sign permit of any kind shall be issued for an existing or
proposed sign unless such sign is consistent with the
requirements of this ordinance (including those protecting
existing signs) in every respect and with the Master Signage Plan
or Common Signage Plan in effect for the property.
-8-
19.45. 070 Design, Construction, and Maintenance
#.' All signs shall be designed, constructed, and maintained in
accordance with the following standards:
A. All signs shall comply with applicable provisions of the
Uniform Building Code and the electrical code of the city at
all times;
B. Except for banners, flags, temporary signs, and window
signs conforming in all respects with the requirements of
this ordinance, all signs shall be constructed of permanent
materials and shall be permanently attached to the ground, a
building, or another structure by direct attachment to a
rigid wall, frame, or structure; and
C. All signs shall be maintained in good structural
condition, in compliance with all building and electrical
codes, and in conformance with this code, at all times.
19.45.080 Master or Common Signage Plan
No permit shall be issued for an individual sign requiring a
permit unless and until a Master Signage Plan or a Common Signage
Plan for the zone lot on which the sign shall be erected has been
submitted to the Permit Control Officer and approved as
conforming with this section.
elik A. Master Signage Plan. For any zone lot on which the
owner proposes to erect one or more signs requiring a permit,
unless such zone lot is included in a Common Signage Plan,
the owner shall submit to the Permit Control Officer a Master
Signage Plan containing the following:
1 . An as-built plat of survey of the zone lot, at such scale
as the Permit Control Officer may reasonably require;
2 . Location and dimensions of buildings, parking lots,
driveways, and landscaped areas on such zone lot;
3 . Computation of the maximum total sign area, the maximum
area for individual signs , the height of signs and the
number of freestanding signs allowed on the zone lot(s)
included in the plan under this ordinance; and
4 . An accurate indication on the plat of survey of the
proposed location of each present and future sign of any
type, whether requiring a permit or not, except that
incidental signs need not be shown.
-9-
•
B. Common Signage Plan. If the owners of two or more
contiguous (disregarding intervening streets and alleys) zone
lots or the owner of a single lot with more than one building
(not including any accessory building) file with the Permit
Control Officer for such zone lots a Common Signage Plan
conforming with the provisions of this section, a 25 percent
increase in the maximum total sign area shall be allowed for
each included zone lot subject to all other applicable
provisions of this ordinance.
C. Provisions of Common Signage Plan. The Common Signage
Plan shall contain all of the information required for a
Master Signage Plan and shall also specify standards for
consistency among all signs on the zone lots affected by the
Plan with regard to:
1 . Color scheme;
2. Lettering or graphic style;
3 . Lighting;
4 . Location of each sign on the buildings and property;
5 . Material; and
6 . Sign proportions.
rik D. Showing Window Signs on Common or Master Signage Plan. A
Common Signage Plan or Master Signage Plan including window
signs may simply indicate the areas of the windows to be
covered by window signs, the maximum sign area allowed and
the general type of the window signs (e.g. paper affixed to
window, painted, etched on glass, or some other material hung
inside window) and need not specify the exact dimension or
nature of every window sign.
E. Limit on Number of Freestanding Signs Under Common
Signage Plan. The Common Signage Plan, for all zone lots
with multiple uses or multiple users, shall limit the number
of freestanding signs to a total of one for each street on
which the zone lots included in the plan have frontage and
shall provide for shared or common usage of such signs.
F. Other Provisions of Master or Common Signage Plans.
The Master or Common Signage Plan may contain such other
restrictions as the owners of the zone lots may reasonably
determine.
G. Consent. The Master or Common Signage Plan shall be
signed by all owners or their authorized agents in such form
as the Permit Control Officer shall require.
-10-
H. Procedures. A Master or Common Signage Plan shall be
included in any development plan, site plan, planned unit
t• development plan, or other official plan required by the city
for the proposed development and shall be processed
simultaneously with such other plan.
I. Amendment. A Master or Common Signage Plan may be
amended by filing a new Master or Common Signage Plan that
conforms with all requirements of the ordinance then in
effect.
J. Existing Signs Not Conforming to Common Signage
Plan. If any new or amended Common Signage Plan is filed for
a property on which existing signs are located, it shall
include a schedule for bringing into conformance, within
three years, all signs not conforming to the proposed amended
plan or to the requirements of this ordinance in effect on
the date of submission.
R. Binding Effect. After approval of a Master or Common
Signage Plan, no sign shall be erected, placed, painted, or
maintained, except in conformance with such plan, and such
plan may be enforced in the same way as any provision of this
ordinance. In case of any conflict between the provisions of
such a plan and any other provision of this ordinance, the
ordinance shall control.
19.45. 090 Signs in the Public Right-of-Way
ePk
A.
No person shall paint, mark or write on or post or
otherwise affix any handbill or sign to or upon any public
place or right-of-way including, but not limited to, any
sidewalk, crosswalk, curb, curbstone, street lamppost,
hydrant, tree, shrub, railroad trestle, utility pole or wire
appurtenance thereof, any fixture of a fire alarm, public
bridge, drinking fountain or such sign permitted pursuant to
subsection B of this section.
B. Nothing in this section shall apply to the installation
and maintenance of the following: street and traffic signs
installed by or at the direction of a public body; public
information signs installed by or at the direction of a
public body; road or utility construction signs; signs or
banners on a permanent or temporary basis approved by the
City Council of the city commemorating an historical,
cultural or artistic event; the painting of house numbers on
curbs in accordance with the provisions of this code.
-11-
C. Any handbill or sign found posted, or otherwise affixed
upon any public property contrary to the provisions of this
section may be removed by the Department of Public Works.
The person responsible for any such illegal posting shall be
liable for the cost incurred in the removal thereof and the
Department of Public Works is authorized to effect the
collection of the cost. Such costs shall be in addition to
any fine or penalty authorized by law.
19.45.100. Signs Exempt from Regulation Under This Ordinance.
The following signs shall be exempt from regulation under this
ordinance:
Any public notice or warning required by a valid and
applicable federal, state, or local law, regulation, or
ordinance;
Any sign located inside a building, not attached to a window
or door, that is not legible from a distance of more than
three feet beyond the lot line of the zone lot or parcel on
which such sign is located;
Construction project signs erected not more than 30 days
prior to the start of construction and removed within 30 days
after issuance of the final occupancy permit. Said signs
shall not exceed 144 square feet;
emk Contractor signs erected at the start of construction and
removed at the time of issuance of the final occupancy
permit. Said signs shall not exceed 32 square feet;
Garage sale signs not exceeding six square feet and located
on the property on which the garage sale is conducted;
Historic markers;
Holiday lights and decorations with no commercial message,
but only between November 15 and January 15;
Political campaign signs announcing candidates seeking public
political office and/or political and public issues contained
on a ballot, and data pertinent thereto, up to an area of
thirty-two square feet, and not exceeding a height of ten
feet. Such signs shall not be displayed earlier than sixty
days before an election and shall be removed within seven
days after an election;
-12-
Real estate signs on vacant or improved property. Said signs
t shall not exceed six square feet on property less than one
acre, not to exceed 32 square feet on property containing one
to five acres, and not to exceed 80 square feet on property
containing more than five acres. Real estate signs may
remain in place while the property is for sale or rent, and
for a period not to exceed one week after the consummation of
the sale or rental of the property. No more than one real
estate sign shall be allowed per street front exposure;
Traffic control signs on private property, such as Stop,
Yield, and similar signs, the face of which meet standards
contained in the most recent edition of the Manual of Traffic
Control Devices and which contain no commercial message of
any sort.
19 .45.110 Signs Prohibited Under this Ordinance.
All signs not expressly permitted under this ordinance or exempt
from regulation hereunder in accordance with the previous. section
are prohibited in the city. Such signs include, but are not
limited to:
Beacons;
e.. Pennants;
Projecting signs;
Roof signs not meeting the definition of an integral roof
sign;
Strings of lights not permanently mounted to a rigid
background, except those exempt under the previous section;
and
Inflatable signs and tethered balloons.
19.45. 120 General Permit Procedures
The following procedures shall govern the application for, and
issuance of, all sign permits under this ordinance, and the
submission and review of Common Signage Plans and Master Signage
Plans.
A. Applications. All applications for sign permits of any
kind and for approval of a Master or Common Signage Plan
shall be submitted to the Permit Control Officer on an
application form or in accordance with application
specifications published by the Permit Control Officer.
-13-
B. Fees. Each application for a sign permit or for approval
of a Master or Common Signage Plan shall be accompanied by
the applicable fees, which shall be established by the
governing body of the city from time to time by resolution.
C. Completeness. After receipt of an application for a sign
permit or for a Common or Master Signage Plan, the Permit
Control Officer shall cause the application to be reviewed
for completeness. If the application is complete, the
application shall then be processed. If the application is
incomplete, the Permit Control Officer shall send to the
applicant a notice of the specific ways in which the
application is deficient, with appropriate references to the
applicable sections of this ordinance.
D. Action on Sign Permit. After the submission of a
complete application for a sign permit, the Permit Control
Officer shall either:
Issue the sign permit, if the sign that is the subject of the
application conforms in every respect with the requirements
of this ordinance and of the applicable Master or Common
Signage Plan; or
Reject the sign permit if the sign that is the subject of the
application fails in any way to conform with the requirements
of this ordinance and/or the applicable Master or Common
e Signage Plan. In case of a rejection, the Permit Control
Officer shall specify in the rejection the section or
sections of the ordinance or applicable plan with which the
sign is inconsistent.
E. Action on Master or Common Signage Plan. On any
application for approval of a Master Signage Plan or Common
Signage Plan, the Permit Control Officer shall cause action
on the applicable one of the following dates:
Ten working days after the submission of a complete
application if the application is for signs for existing
buildings; or
On the date of final action on any related application for.
building permit, site plan, or development plan for signs
involving new construction.
-14-
Within a reasonable time period, the Permit Control Officer
t'* shall either:
Approve the proposed plan if the sign as shown on the
plan and the plan itself conforms in every respect with
the requirements of this ordinance; or
Reject the proposed plan if the sign as shown on the plan
or the plan itself fails in any way to conform with the
requirements of this ordinance . In case of a rejection,
the Permit Control Officer shall specify in the
rejections the section or sections of the ordinance with
which the plan is inconsistent.
19.45.130 . Permits to Construct or Modify Signs
Signs identified as "P" or "S" on Table A shall be installed only
in accordance with a duly issued and valid sign construction
permit from the Permit Control Officer. Such permits shall be
issued only in accordance with the following requirements and
procedures.
A. Permit for New Sign or for Sign Modification. An
application for construction, creation, or installation of a
new sign or for modification of an existing sign shall be
accompanied by detailed drawings to show the dimensions,
design, structure, and location of each particular sign, to
e' the extent that such details are not contained on a Master
Signage Plan or Common Signage Plan then in effect for the
zone lot. One application and permit may include multiple
signs on the same zone lot.
B. Inspection. The Permit Control Officer shall cause an
inspection of the zone lot for which each permit for a new
sign or for modification of an existing sign is issued during
the six month period after the issuance of such permit or at
such earlier date as the owner may request. If the
construction is not substantially complete at the time of
inspection, the permit shall lapse and become void unless the
owner has requested and is granted an extension. If the
construction is complete and in full compliance with this
ordinance and with the building and electrical codes, the
Permit Control Officer shall cause to be affixed to the
premises a permanent symbol identifying the sign and the
applicable permit by a number or other reference. If the
construction is substantially complete but not in full
compliance with this ordinance and applicable codes, the
Permit Control Officer shall give the owner or applicant
notice of the deficiencies and shall allow an additional 30
days from the date of inspection for the deficiencies to be
corrected. If the deficiencies are not corrected by such
date, the permit shall lapse. If the construction is then
tow complete, the Permit Control Officer shall cause to be
affixed to the premises the permanent symbol described above.
-15-
19 .45.140 Temporary Sign Permits (Private Property)
A temporary sign on private property shall be allowed only upon
the issuance of a Temporary Sign Permit, which shall be subject
emk to the following requirements.
A. Term. A temporary sign permit shall allow the use of a
temporary sign for a specified 30-day period.
B. Number. Only one temporary sign permit shall be issued
for the same zone lot in any calendar year.
C. Other Conditions. A temporary sign shall be allowed only
in districts with a letter "S" for "Temporary Signs" on Table
A and subject to all of the requirements for temporary signs
as noted herein.
19.45. 150 Nonconforming Graphics - Restrictions.
Graphics existing on the effective date of this ordinance and not
conforming to the provisions of this chapter, but which were
constructed in compliance with previous regulations and
ordinances shall be regarded as lawful nonconforming graphics. .
A lawful nonconforming graphic (sign) shall not be:
. A. Changed to another nonconforming sign;
r B. Structurally altered so as to prolong the life of the
sign;
C. Expanded;
D. Reestablished after its discontinuation for thirty 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 chapter.
F. Reestablished after damage or destruction in an amount
exceeding fifty percent of the estimated initial value of the
sign, as determined by the enforcement official.
19.45.160 Violations
Any of the following shall be a violation of this ordinance and
shall be subject to the enforcement remedies and penalties
provided by this ordinance, by the zoning ordinance, and by state
law:
A. To install, create, erect, or maintain any sign in a way
that is inconsistent with any plan or permit governing such
sign or the zone lot on which the sign is located;
rk
-16-
B. To install, create, erect, or maintain any sign requiring
a permit with out such a permit;
low C. To install, create, erect, or maintain any sign in a way
that is inconsistent with any plan or permit governing such
sign or the zone lot on which sign is located;
D. To fail to remove any sign that is installed, created,
erected, or maintained in violation of this ordinance, or for
which the sign permit has lapsed; or
E. To continue any such violation. Each such day of a
continued violation shall be considered a separate violation
when applying the penalty portions of this ordinance.
Each sign installed created, erected, or maintained in violation
of this ordinance shall be considered a separate violation when
applying the penalty portions of this ordinance.
19.45.170 Enforcement and Remedies
Any violation or attempted violation of this ordinance or of any
condition or requirement adopted pursuant hereto may be
restrained, corrected, or abated, as the case may be, by
injunction or other appropriate proceedings pursuant to state
law. A violation of this ordinance shall be considered a
violation of the zoning ordinance of the city. The remedies of
the city shall include the following:
eft A. Issuing a stop-work order for any and all work on any
signs on the same zone lot;
B. Seeking an injunction or other order of restraint or
abatement that requires the removal of the sign or the
correction of the nonconformity;
C. Imposing any penalties that can be imposed directly by
the city under the zoning ordinance;
D. Seeking in court the imposition of any penalties that can
be imposed by such court under the zoning ordinance; and
E. In the case of a sign that poses an immediate danger to
the public health or safety, taking such measures as are
available to the city under the applicable provisions of the
zoning ordinance and building code for such circumstances.
F. The city shall have such other remedies as are and as may
from time to time be provided for or allowed by state law for
the violation of the zoning ordinance.
All such remedies provided herein shall be cumulative. To the
extend that state law may limit the availability of a particular
eok remedy set forth herein for a certain violation or a part
thereof, such remedy shall remain available for other violations
or other parts of the same violation.
-17-
19.45.180 VARIATIONS
A. Purpose of Provisions. The purpose of this section is to
provide a means to vary the provisions of this chapter in
harmony with its general purpose and intent. The authority
to grant a variation of the provisions of this chapter shall
only be exercised when it is demonstrated that there are
extraordinary or exceptional conditions, difficulties, or
hardships associated with the strict application of the
requirements of this chapter. Any variation granted shall be
the minimum adjustment necessary to allow the reasonable
installation of the signage. Variations shall be granted
only in the specific instances set forth in this chapter.
B. Authority. Variations from the requirements of this
chapter may be decided by the city council. No variations
shall be granted unless a public hearing has been held by the
land use committee and said committee has submitted its
written findings and recommendations to the city council.
C. Limits. Variations may be granted by the city council
within the following limits:
1 . Area. Signs which would be nonconforming by virtue of
having an area in excess of the maximum set forth in this
chapter in an amount not to exceed twenty-five percent of
the allowable sign surface area.
r 2. Height. Signs which would be nonconforming by virtue of
having a height in excess of the maximum set forth in
this chapter in an amount not to exceed ten feet above
the allowable height.
D. Standards. The city council shall not vary the
provisions of this chapter unless it has made favorable
findings based on evidence presented at a public hearing
regarding each of the following standards:
1 . There are unique physical surroundings, shape, or
topographical conditions of the specific property which
bring a particular hardship on the owner or tenant;
2. No other reasonable alternatives exist which would
conform to this chapter;
3 . The purpose of the variation is not based exclusively on
a desire to install a larger or taller sign;
4 . The sign is so designed and located so that it will be
compatible with, and not obstruct the significant
architectural features of a designated landmark or
property located within a designated historic district
pursuant to a historic preservation plan, and pursuant to
Title 20 of this code, as applicable.
•
KEY TO TABLES A THROUGH D
On the tables in this sign ordinance, which are organized by
zoning district, the headings have the following meanings:
R-1 Single Family Residence District
R-2 Single Family Residence District
R-3 Two Family Residence District
R-4 General Residence District
INS Institutional Uses in Residence Districts
ACR Administrative, Cultural and Recreational District
0 Limited Office District
B-i Community Business District
B-2 Central Business District
B-3 Service Business District
B-4 General Business District
M-1 Limited Manufacturing District
M-2 General Manufacturing District
r
TABLE A
PERMITTED SIGNS BY TYPE AND ZONING DISTRICT
a
SIGN TYPES R-1 R-2 R-3 R-4 INS ACR 0 B-1 B-2 B-3 B-4 M-1 M-2
FREESTANDING
Residential S S S S S N N N N N N N N
Other N N N S S S S S S S S S S
Incidental N N N P P P P P P P P P P
BUILDING
Banner e N N N N Sh Sh S h S h S h Sh Sh S h S h
Bldg. Marker P P P P P P P P P P P P P
Canopy dN N N S S S N S S S S S S
Identification P P P P P P P P P P P P P
Incidental N N N N P P P P P P P P P
Marquee N N N N N S N N N S S N N
Residential N N N S N N N N N N N N N
Roof Integral N N N N N N N S S S S N N
Suspended f N N N N N N N P P P P N N
Temporary N N N N S S S S S S S N N
Wall N N N N S S S S S S S S S
Window N N N N P P P P P P P N N
MISCELLANEOUS
e..
Flag g P P P P P P P P P P h Ph PP
Portable N N N N S N N N N S S N N
P = Allowed with a no fee sign permit
S = Allowed with a sign permit and fee
N = Not allowed
a. This column does not represent a zoning district. It applies to
institutionsl uses located in residential zoning districts. Such
uses may include, but are not limited to, museums, churches,
cemetaries, community service facilities, schools, parks,
recreational buildings and community centers, libraries, hospitals
and santariums, nursing homes and retirement centers and day care
centers.
b. No commercial message allowed on sign, except for a commercial
message drawing attention to an activity legally offered on the
premises.
c. No commercial message of any kind allowed on sign.
d. Only address and name of occupant allowed on sign.
e.„ May include only formal building name, date of construction, or
historical data on historic site issued by a recognized federal,
state or local historic agency.
f. The conditions of Section 19 .45 . 140 of this ordinance apply.
Flags containing symbols or crests of nations , the state, the city;
or any organization of nations, states and cities; or fraternal,
religious and fraternal organizations containing no advertizing
material or message. Flags shall not exceed 60 square feet in area
and shall not be mounted on a pole more than 30 feet in height in
residence districts, or 40 feet in height in all other districts.
h. Permitted on the same terms as a temporary sign, in accordance with
Section 19 .45 . 140, except it may be freestanding.
TABLE B
NUMBER, DIMENSIONS, AND LOCATION OF INDIVIDUAL SIGNS
(a. BY ZONING DISTRICT *
a
SIGN TYPES R-1 R-2 R-3 R-4 INS ACR 0 B-1 B-2 B-3 B-4 M-1 M-2
C
FREESTANDING
Area (sq. ft. ) 6 6 6 6 60 40 40 80 80 80 80 80 80
Height (ft. ) 5 5 5 5 10b 10b 10b 22 b 22 b 22b 22b 22 b 22 b
Setback (ft. )d 5 5 5 5 Equal to Required Building or Park-
ing Setback Line or 25 Feet, Which-
ever is less .
No. Permitted 1 1 1 1 NA NA NA NA NA NA NA NA NA
Per Zone Lot
No. Permitted NA NA NA NA One Per 300 Feet of Street Frontage
Per Feet of
St. Frontage
BUILDING C
Area (Sq.Ft. ) 2 2 2 6 80 80 40 The total surface area of
any building sign or signs
shall not exceed three
times the lineal footage
of the building face or
tenant spaces on which the
sign or signs shall be
maintained nor the follow-
ing maximum area require-
ments, whichever is less:
a. 80 sq.ft. , when setback
is less than 100 feet;
b. 120 sq. ft. , where the
bldg. is setback from
100 to 200 feet;
c. 240 sq. ft. , where the
bldg. is setback from
200 to 400 feet; or
d. 480 sq. ft. , where the
bldg. is setback over
400 feet.
•
a. This column does not represent a zoning district. It applies to
institutional uses located in residential zoning districts. Such
.. uses may include, but are not limited to, museums, churches,
( cemeteries , community service facilities, schools, parks,
recreational buildings and community centers, libraries, hospitals
and sanatariums, nursing homes and retirement centers and day care
centers.
b. In no case shall the actual sign height exceed the actual sign
setback from a residence district line.
c. Lots fronting on two or more streets are allowed the permitted
signage for each street frontage, and buildings and tenant spaces are
allowed the permitted signage for each face of the building or tenant
space. However, signage cannot be accumulated and allowed on one
street, or on a building or tenant space wall in excess of that
allowed along a single street or a single wall of a building or
tenant space.
d. Whenever a sign is located near a street intersection or entranceway,
the sign shall be so located and designed to allow a clear view
between the heights of three feet and ten feet above grade in a
triangle formed by the corner and points on the curb thirty feet from
the entranceway or intersection.
*Individual signs shall not exceed the applicable maximum number,
dimensions or setbacks shown on this table.
r
I
.
TABLE C
NUMBER AND DIMENSIONS OF CERTAIN INDIVIDUAL SIGNS BY SIGN TYPE
o sign shall exceed any applicable maximum numbers or dimensions, or
encroach on any applicable minimum clearance shown on this table, except
in accordance with Section 19. 45. 100.
VERTICAL CLEARANCE
From
Sidewalk or From
Maximum Sign Private Private
Number Allowed Area Drive Street
FREESTANDING
Residential See Table B. See Table B. NA NA
Other, and See Table B. See Table B. NA NA
Incidental
BUILDING
Banner NA NA 9 feet 17 feet
Bldg. Marker 1 per bldg. 4 sq. feet NA NA
Canopy 1 per bldg. 25% of vertical 9 feet 17 feet
canopy surface
Identification 1 per bldg. NA NA NA
Incidental NA NA NA NA
emiMarguee 1 per bldg. NA 9 feet 17 feet
Residential 1 per zone lot NA NA NA
Roof Integral 2 per principal bldg NA NA NA
Suspended 1 per entrance NA 9 feet NA
Temporary See Section 19 .45 . 140 NA NA NA
Wall NA NA NA NA
Window NA 25% of total NA NA
window area
MISCELLANEOUS
Flag NA 60 sq. feet 9 feet 17 feet
Portable 1 where allowed (a) 20 sq. feet NA NA
(a) Permitted on the same terms as a temporary sign, in accordance with
Section 19 .45 .140 , except that it may be freestanding.
A 0.
TABLE D
PERMITTED SIGN CHARACTERISTICS BY ZONING DISTRICT
(a)
R-1 R-2 R-3 R-4 INS ACR 0 B-1 B-2 B-3 B-4 M-1 M-2
Animated N N N N N N N N P P N N N
Changeable Copy N N N N P P N P P P P N N
Illumination, N N N N P P P P P P P P P
Internal (b)
Illumination, N N N N P P P P P P P P P
External (b)
Illumination, N N N N N P N N P N N N N
Exposed Bulbs (b)
Neon (b) N N N N N P P P P P P P P
P = Permitted
N = Not allowed
(a) . This column does not represent a zoning district. It applies to
institutions) uses located in residential zoning districts. Such
uses may include, but are not limited to, museums, churches,
rlik cemetaries, community service facilities, schools, parks,
recreational buildings and community centers, libraries, hospitals
and santariums, nursing homes and retirement centers and day care
centers.
(b) . No direct light or glare from the sign shall be cast onto any
adjacent zone lot.
elk
Section 3 . That this ordinance shall be in full force
and effect after its passage in the manner provided by law.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: February 13, 1991
Passed: February 13, 1991
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
elk