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G87-05 CITY OF ELGIN ORDINANCE NO. G87-05 AN ORDINANCE AMENDING TITLE 19, ENTITLED "ZONING," OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 12th DAY OF OCTOBER 2005 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 14th day of October 2005. STATE OF ILLINOIS ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on October 12, 2005, the Corporate Authorities of such municipality passed and approved Ordinance No. G87-05, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G87-05, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on October 14, 2005, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of rik the municipal clerk. DATED at Elgin, Illinois, on October 14, 2005. Municipal Clerk (SEAL) Ordinance No. G87-05 AN ORDINANCE AMENDING TITLE 19, ENTITLED "ZONING," OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, written application has been made to amend the Elgin Zoning Ordinance provisions pertaining to street graphics; and WHEREAS, City staff has drafted a comprehensive ordinance regulating street graphics that has been substantially derived from the model street graphics ordinance published in the American Planning Association's Street Graphics and the Law, Revised Edition, by Daniel Mandelker with Andrew Bertucci and William Ewald; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendment after due notice in manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council concurs in the findings and recommendation of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That chapter 19.50 entitled "Signs," of the Elgin Municipal Code, 1976, as amended,be and is hereby further amended to read as follows: "CHAPTER 19.50 STREET GRAPHICS SECTION: 19.50.010 Statement of Purpose 19.50.020 Definitions 19.50.030 General Regulations 19.50.040 Graphic Characteristics 19.50.050 Street Graphic Surface Area and Height Calculations 19.50.060 Illumination and Movement 19.50.070 Monument Graphics 19.50.080 Wall and Integral Roof Graphics 19.50.090 Special Street Graphics 19.50.100 Program for Graphics 19.50.110 Street Graphics Prohibited 19.50.120 Street Graphics Exempt 19.50.130 Variances 19.50.140 Nonconforming Street Graphics 19.50.150 Amortization of Nonconforming Street Graphics 19.50.160 Permits 19.50.170 Enforcement 19.50.180 Severability 19.50.010: STATEMENT OF PURPOSE A. The purpose of this ordinance is to create the legal framework for a comprehensive and balanced system of street graphics that will preserve the right of free speech and expression, provide an easy and pleasant communication between people and their environment, and avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. With these purposes in mind, it is the intent of this ordinance to authorize the use of street graphics to: 1. Promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to cluttered, distracting, or illegible signage; 2. Promote the use of graphics which are aesthetically pleasing, of appropriate scale, and integrated with surrounding buildings and landscape, in order to meet the community's expressed desire for quality development; 3. Provide functional flexibility, encourage variety, and create an incentive to relate signing to basic principles of good design; 4. Assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets, and other public structures and spaces, are protected by exercising reasonable controls over the character and design of graphic structures; 5. Provide an improved visual environment and to protect prominent view sheds within the community by authorizing the use of street graphics that are: a. Compatible with their surroundings; b. Appropriate to the activity that displays them; c. Expressive of the identity of individual activities and the community as a whole; and d. Legible in the circumstances in which they are seen. r 19.50.020: DEFINITIONS: A-FRAMED GRAPHIC: A temporary graphic that is placed upon, but not generally mounted to the ground. It is a double-sided graphic connected at the top and separated at the bottom. ACTIVITY: An individual tenant, business, or other establishment. ANIMATION OR ANIMATED: (See also changeable copy and movement) The movement or the optical illusion of movement of any part of the street graphic structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; the automatic changing of all or any part of the facing of a street graphic. ARCHITECTURAL DETAIL: Any projection, relief, cornice, column, change of building material, window, or door opening on any building. ARCHITECTURAL, HISTORIC, OR SCENIC AREA: An area that contains unique architectural, historic, or scenic characteristics that require special regulations to ensure that street graphics displayed within the area enhance its visual character and are compatible with it. AWNING: A cloth, plastic, or other nonstructural covering that either is permanently attached to a building or can be raised or retracted to a position against the building when not in use. BANNER: A graphic composed of a logo or design on a lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow motion caused by the atmosphere. BARE-BULB ILLUMINATION: Exposed or uncovered lighting elements found on a graphic, for example, light bulbs without cover. BUILDING: A structure with a pervious or impervious roof, designed and intended to shelter persons or personal property, and where the interior areas of such a structure are accessible to persons. CANOPY GRAPHIC: A structure other than an awning made of cloth, metal, or other material with frames affixed to a building and carried by a frame that is supported by the ground. CHANGEABLE COPY: Copy within a street graphic that is designed and intended to be manually changed. COMMERCIAL GRAPHIC: A street graphic which identifies, advertises, or directs attention to a commercial or institutional structure or business, or is intended to induce the purchase of goods, property, or service; including, but not limited to, a graphic naming a brand of goods or service and real estate graphics. DIRECTIONAL GRAPHIC: A street graphic at the exit or entrance of a premises that has two or more driveways. ELECTRONIC MESSAGE GRAPHIC: A street graphic capable of displaying words, symbols, figures, or images that can be electronically changed by remote or automatic means. The following terms for such electronic message graphics shall be defined as follows: 1. Static. Graphics having no motion. 2. Text. Graphics consisting of letters or words only that do not include any animation, effects simulating animation or video. 3. Fade. Graphics where static messages are changed by means of varying light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. 4 Dissolve. Graphics where static messages are changed by means of varying light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneous to the gradual appearance and legibility of the subsequent message. 5. Travel. Graphics where the message is changed by the apparent horizontal movement of the letters or graphic elements of the message. 6. Scrolling. Graphics where the message is changed by the apparent vertical movement of the letters or graphic elements of the message. EXTERNAL ILLUMINATION: Illumination of a graphic that is affected by an artificial source of light not contained within the graphic itself. FESTOON LIGHTING: A string of outdoor lights that is suspended between two points. FLAG: A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope. FLASHING GRAPHIC: A graphic which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted light source but does not include an electronic message graphic. FLASHING ILLUMINATION: Illumination in which the artificial source of light is not maintained stationary or constant in intensity and color at all times when a street graphic is illuminated, including illuminated lighting. GRAPHIC: A street graphic or special street graphic, as defined by this ordinance. The terms "graphic" and"sign" are used interchangeably in this chapter and this title. r �►* GROUND GRAPHIC: A street graphic supported by one or more uprights or bases placed upon [ or affixed in the ground and not attached to any part of a building. The term "ground graphic" includes a"monument graphic." HEIGHT: The vertical distance measured from grade at the edge of the adjacent right-of-way to the highest point of the street graphic. ILLUMINATION OR ILLUMINATED: A source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source, so shielded that no direct illumination from it is visible elsewhere than on and in the immediate vicinity of the street graphic. INDIRECT ILLUMINATION: A source of external illumination, located away from the graphic, that lights the graphic, but which is itself not visible to persons viewing the graphic from any street, sidewalk or adjacent property. INFLATABLE GRAPHIC: A sign or advertising device designed to be airborne and tethered to the ground or any other structure and shall include balloons and any other inflatable attention- getting device. INTEGRAL ROOF GRAPHIC: Any graphic erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the graphic extends vertically above the highest portion of the roof. INTERNAL ILLUMINATION: A light source that is concealed or contained within the street graphic and becomes visible in darkness through a translucent surface. MARQUEE: A permanent structure other than a roof attached to, supported by, and projecting from a building and providing protection from the elements. MARQUEE GRAPHIC: A street graphic that is a part of or attached to a marquee. A marquee graphic shall be considered a "wall graphic." MONUMENT GRAPHIC: A graphic which is completely or principally supported by a short wall typically constructed of masonry material which is a minimum of eighty percent (80%) of the width of the graphic, and is not attached to the principal building on the property, and is permanently anchored in or upon the ground. NEON: A source of light for externally lit street graphics supplied by a neon tube that is bent to form letters, symbols, or other shapes. NONCONFORMING STREET GRAPHIC: A street graphic that was lawfully constructed or installed prior to the adoption or amendment of this ordinance and was in compliance with all of the provisions of this ordinance and other applicable requirements of law then in effect, but which does not presently comply with this ordinance and other applicable requirements of law. NONCOMMERCIAL STREET GRAPHIC: A street graphic not identifying, advertising or directing attention to a commercial or institutional structure or business, or not intended to induce the purchase of goods, property or service. OCCUPANT: The holder of a certificate of occupancy or a certificate of reoccupancy for a land use established within a building. OFF-PREMISES STREET GRAPHICS: A street graphic that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the street graphic is located, including, but not limited to, graphics commonly referred to as billboards. PAINTED WALL GRAPHIC: A graphic which is painted directly upon a wall or building and which includes no other attachments or appurtenances to such building. 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. POLE GRAPHIC: A freestanding street graphic that is permanently supported in a fixed location by a structure of poles, uprights, or braces from the ground and not supported by a building or a base structure. PORTABLE STREET GRAPHIC: A street graphic not permanently attached to the ground or a building or designed to be permanently attached to the ground or a building. The term "portable street graphic" shall not include an"A-frame graphic." PREMISES: The lot or lots, plots, portions, or parcels of land considered as a unit for a single use or development, whether owned or leased. PRINCIPAL BUILDING: A "detached and enclosed building" [SR], which is most important in area and extent to all other "buildings" [SR] located on a "zoning lot" [SR], or shall mean a detached and enclosed building in which the "principal use" [SR] of a zoning lot is conducted. A building which is partitioned completely by an "accessory building" [SR] into two (2) or more portions shall be considered more than one principal building. PROJECTING GRAPHIC: A wall graphic affixed to a building and that extends beyond the line of such building wall or beyond the surface of that portion of the building wall to which it is affixed by more than nine (9) inches. ROOF GRAPHIC: Any street graphic erected or constructed in whole or in part on and over the roof of a building, supported by the roof structure, or extending vertically above the highest portion of the roof. ROOF GRAPHIC, INTEGRAL: See "integral roof graphic." SHOPPING CENTER: A commercial development under unified control consisting of four or more separate commercial establishments sharing a common building, or which are in separate buildings that share a common entranceway or parking area. STREET GRAPHIC: A lettered, numbered, symbolic, pictorial, or illuminated visual display designed to identify, announce, direct, or inform that is visible from a public right-of-way. The term "street graphic" includes, but is not limited to, banners, pennants, streamers, moving mechanisms, and lights. The terms "street graphic" and "sign" are used interchangeably in this chapter and this title. STREET FRONTAGE: That portion of a zoning lot that is coterminous with a public right of way or a private street. STRUCTURE: Anything manufactured, constructed, or composed of parts joined in some definite manner that requires a location on the ground or that is attached to something that has a location on the ground. Structures shall include, but shall not be limited to, "buildings" [SR], "antennas" [SR], "signs", "street graphics", "fences" [SR], and off-street "parking facilities" [SR]. SUBDIVISION ENTRANCE GRAPHIC: A permanently mounted street graphic located at the major entrances of a subdivision or planned development. SUSPENDED GRAPHIC: A graphic suspended from the underside of the horizontal plane surface of a canopy, cantilever, or marquee, and that is supported by such surface. TEMPORARY STREET GRAPHIC: A street graphic attached to the ground or a building for a limited period of time. TEMPORARY WINDOW GRAPHIC: A window graphic displayed for a limited period of time. WALL GRAPHIC: A graphic attached directly to an exterior wall of a building or dependent upon a building for support, with the exposed face of the graphic located in a place substantially parallel to the exterior building wall to which the graphic is attached or which supports the graphic. WINDOW GRAPHIC: A street graphic applied, painted or affixed to or in the window of a building. A window graphic may be temporary or permanent. ZONING LOT: Land which is legally described as a separate tract of land, or legally described as one or more "lots of record" [SR] or a portion thereof; which is located within a single "block" [SR] with "frontage" [SR] on a public right of way; and which is developed under single ownership or "unified control" [SR] as a single unit with respect to the provision of on site storm water control systems, on site municipal sanitary sewer and water systems, private streets, or on site off street "parking facilities" [SR], excluding "driveways" [SR], and approaches. 19.50.030: GENERAL REGULATIONS: A. A graphic may be erected, placed, established, painted, constructed, altered, maintained or relocated in the city only in conformance with the provisions of this chapter and other applicable ordinances. B. All street graphics shall be designed, constructed, and maintained in conformance to the provisions of title 16 of this code. With the exception of projecting graphics and suspended graphics, all street graphics shall be of such design that all framework for the lateral support of the street graphic shall be contained within the street graphic's body or within the structure of the building to which it is attached in such a manner as not to be visible to any person. With the exception of projecting graphics and suspended graphics, a street graphic shall be of such design that it is free of any exposed bracing, angle iron, guy wires, cables and so forth. C. Any street graphic that can be displayed under the provisions of this chapter may contain a noncommercial message. D. Any exempt street graphic, as enumerated in section 19.50.120 of this chapter, and the following street graphics shall be the only street graphics allowed in the SFR1 Single- Family Residence District, the SFR2 Single-Family Residence District, the TFR Two- Family Residence District, the MFR Multiple-Family Residence District, the RC1 Residence Conservation District, the RC2 Residence Conservation District, and the RC3 Residence Conservation District, except as otherwise specifically regulated by this chapter, and with the noted exceptions: 1. Canopy graphics, in the MFR Multiple-Family Residence District only. 2. Directional graphics. 3. Subdivision entrance graphics. 19.50.040 GRAPHIC CHARACTERISTICS: A. Street graphics with changeable copy shall be allowed only in the CF Community Facility District, NB Neighborhood Business District, AB Area Business District, CC 1 Center City District, CC2 Center City District, and CI Commercial Industrial District zoning districts. B. Indirect illumination, external illumination, and internal illumination shall be allowed in the CF Community Facility District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District and CI Commercial Industrial District zoning districts. C. Neon shall be allowed only in the NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, and CI Commercial Industrial District zoning districts. 19.50.050: STREET GRAPHIC SURFACE AREA AND HEIGHT CALCULATIONS: A. Surface area of individual graphics. The surface area of an individual graphic shall be the total exposed surface devoted to the street graphic's message including all ornamentation, embellishment, symbols, logos, letters, characters, other figures, or frames, whether structural or decorative. For monument graphics, surface area shall include that portion of the supporting structure, from the ground to the bottom of the graphic. The surface area of an individual graphic shall be calculated by the customary, applicable mathematical formula for square, rectangular, triangular, circular, or elliptical shaped graphic faces, including copy,background, and any frame or boxed display. In the case of irregularly shaped graphics, or graphics composed of separate letters or characters connected in meaning, the surface area shall be determined by computing the area lying within straight lines connecting the extreme projections, corners, or edges of the letters, characters, symbols, ornamentation, embellishment, and other figures composing the graphic taken as a whole. B. Surface area of multi-faced graphics. The surface area for a graphic with more than one face shall be computed by adding together the area of all graphic faces visible from any one point. Where two (2) identical graphic faces are placed back to back and parallel, so rik that both faces cannot be viewed from any point at the same time, and where such graphic faces are part of the same graphic structure and are not more than forty two inches (42") apart as measured from the farthest projections, the graphic area shall be computed by the measurement of one of the faces. Where a graphic has two (2) or more display faces of unequal dimensions, the area of the largest face shall determine the graphic surface area. C. Height of graphics. The height of a graphic shall be computed as the distance from the normal grade at the base of the graphic to the top of the highest attached component of the graphic. Normal grade shall be construed to be the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the graphic, whichever is lower. In cases in which the normal grade cannot reasonably be determined, graphic height shall be computed on the assumption that the elevation of the normal grade at the base of the graphic 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 building on the zoning lot,whichever is lower._ 19.50.060: ILLUMINATION AND MOVEMENT: A. Illumination and movement prohibited. A street graphic may not be animated or have exposed bare-bulb or flashing illumination. B. Illumination requirements. A permanent street graphic may be non-illuminated, illuminated by internal, internal indirect or external indirect illumination. Street graphics that are externally lit shall be illuminated only with steady, stationary, down-directed, and shielded light sources directed solely onto the graphic. C. Glare. Any lighting fixture on a street graphic that is located within ten (10) feet of a property line of a residential zoning district or an existing residential use, or within ten (10) feet of a public right-of-way, shall be: 1. Aimed away from the property line, residential use, or zoning district, or public right- of-way; 2. Classified as IESNA Type III or Type IV lighting fixture; and 3. Shielded on the side closest to the property line, residential use, zoning district, or public right-of-way. 19.50.070: MONUMENT GRAPHICS: A. Monument graphic display. No monument graphic shall be displayed on a zoning lot unless there is a principal building on the premises, and unless off-street parking is provided on the premises or all buildings on the zoning lot are setback at least fifteen feet (15') from the adjoining public right of way. B. Distance between monument graphics. A one hundred (100) linear foot separation shall be maintained between all monument graphics, located on all zoning lots along the same public right of way, excepting directional graphics, wherever physically possible, measured parallel to the direction of travel on the adjoining street. C. Monument graphic setback. No portion of a monument graphic shall project over or into a required graphic setback from a street lot line. In no case shall the height of a monument graphic exceed the setback of such graphic from a residence district or residence conservation district. D. Type, Number, Size, and Location. 1. Type. All permanent ground graphics shall be monument graphics. 2. Zoning districts and maximum number. Monument graphics shall be allowed only in the CF Community Facility District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District, and CI Commercial Industrial District zoning districts. The maximum number of monument graphics shall be one graphic for each principal building on a zoning lot, not to exceed t•. one graphic for each one hundred fifty (150) linear feet of street frontage on the same public right of way for each zoning lot. 3. Maximum surface area and maximum height. Except in an area of special character, the maximum surface area and maximum height of a monument graphic shall be determined by the speed limit of the public roadway adjoining the yard within the zoning lot on which the monument graphic is located in accordance with the following requirements: a. Speed limit of 30 mph or less-40 square feet b. Speed limit of 35 to 40 mph-60 square feet c. Speed limit of 45 to 50 mph-80 square feet d. Speed limit of 55 mph or greater-120 square feet e. Except as otherwise provided in this section, the height of a monument graphic cannot exceed ten (10) feet. 4. Location. In the NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, 1' 4 GI General Industrial District, and CI Commercial Industrial District zoning districts, no monument graphic shall be located within a street yard adjoining a local street, or a collector street, where the property located directly opposite the public right of way is located within a residence district. 5. Shopping centers consist of four or more commercial establishments sharing a common building, or which are in separate buildings that share a common entranceway or parking area, and as such have unique needs requiring an accommodation for larger street graphics. Shopping center identification graphics shall not exceed twenty (20) feet in height or two hundred (200) square feet in surface area. One shopping center monument graphic shall be allowed along each street frontage. The number and surface area of shopping center identification graphics shall not limit the number or surface area of other allowable street graphics on a zoning lot. Shopping center identification monument graphics shall be allowed only in the NB Neighborhood Business District, AB Area Business District, and the CC2 Center City District zoning districts. E. Landscaping. A landscaped area located around the base of the ground graphic equal to 2.5 square feet for each square foot of ground graphic area, is required for all ground graphics. The landscaped area shall contain living landscape material consisting of shrubs, perennial ground cover plants, or a combination of both, placed throughout the required landscape area having a spacing of not greater than three feet on center. Where appropriate, the planting of required deciduous or evergreen trees, installed in a manner that frames or accents the ground graphics structure is encouraged. 19.50.080: WALL AND INTEGRAL ROOF GRAPHICS: A. Wall graphics and architectural features. No wall graphic or integral roof graphic shall cover or interrupt major architectural features, such as doors, exits, and windows. B. Wall graphic projections. No wall graphic shall project more than nine inches (9") from the surface to which it is attached, except as may be otherwise be provided for projecting graphic. C. Vertical clearance. All wall graphics shall have a minimum vertical clearance of nine (9) linear feet over a sidewalk or a private driveway, and shall have a minimum vertical clearance of seventeen(17) linear feet over a private street. D. Zoning districts and maximum number. Except as otherwise provided in this section, wall graphics and integral roof graphics shall be allowed only in the NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District, and CI Commercial Industrial District zoning districts. The maximum number of wall graphics and integral roof graphics shall be two (2) for each occupant located on the ground floor of a building. For a building face that does not have two (2) or more occupants on the ground floor, there shall be a maximum of two (2) wall graphics or integral roof graphics. 1. In the CF Community Facility District and the RB Residence Business District zoning tek districts, the maximum number of wall graphics and integral roof graphics shall be one for each occupant located on the ground floor of a building, or one on each building face, which does not have two (2) or more occupants located on the ground floor, for each street frontage on a different public right of way. 2. In addition, in the NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District and the CI Commercial Industrial District zoning districts, one (1) wall sign for each building or for each occupant located on the ground floor of a building shall be allowed on the rear or service entrance side of the building. 3. The maximum surface area of any wall sign placed on the rear or service entrance side of a building in the NB Neighborhood Business District, AB Area Business District, CC 1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District and the CI Commercial Industrial District zoning districts shall be limited to twenty(20) square feet. E. Maximum surface area. In the CF Community Facility District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District, and the CI Commercial Industrial District zoning districts, the maximum surface area for all wall graphics and integral roof graphics on each building face or occupant space for each different street frontage shall not exceed three (3) times the linear footage of the building face or occupant space on which the wall graphics and integral roof graphics are maintained, nor the following maximums for surface area, whichever is less: 1. Eighty (80) square feet where the building setback from the closest parallel street is less than one hundred feet (100'), as measured in a perpendicular or approximately perpendicular line from the building setback to the nearest edge of the street; 2. One hundred twenty (120) square feet where the building setback from the closest parallel street is one hundred feet (100') or more, but less than two hundred feet (200'), as measured in a perpendicular or approximately perpendicular line from the building setback to the nearest edge of the street; 3. Two hundred forty (240) square feet where the building setback from the closest parallel street is two hundred feet (200'), but less than four hundred feet (400'), as measured in a perpendicular or approximately perpendicular line from the building setback to the nearest edge of the street; 4. Four hundred eighty (480) square feet where the building setback from the closest parallel street is four hundred feet (400') or more, as measured in a perpendicular or approximately perpendicular line from the building setback to the nearest edge of the street. r, F. Integral roof graphic. An integral roof graphic is a graphic that shall be erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the graphic extends vertically above the highest portion of the roof. There shall be a maximum of two (2) integral roof graphics on each principal building. The surface area of an integral roof graphic shall be deducted from the total allowable graphic surface area for wall graphics on each zoning lot. An integral roof graphic shall be allowed only in the NB Neighborhood Business District, AB Area Business District, CC2 Center City District, and CI Commercial Industrial District zoning districts. G. Marquee graphic. A marquee graphic shall be considered a wall graphic. A maximum of one marquee graphic shall be allowed on each vertical marquee surface to a maximum of three (3) marquee graphics. Marquee graphics shall be located entirely within the vertical marquee surface. The surface area of a marquee graphic shall be deducted from the total allowable graphic surface area for wall graphics on each zoning lot. A marquee graphic shall be allowed only in the CF Community Facility District and CC1 Center City District zoning districts. H. Window graphic. Window graphics may be located on the interior or the exterior of a window, and may be visible from the exterior of a building or structure regardless of the manner in which it is attached or mounted. Window graphics shall be considered wall graphics and shall be limited in size to no more than fifteen percent (15%) of the window area. Window graphics shall be deducted from the total allowable graphic surface area for wall graphics for each occupant or building on each zoning lot. Window graphics shall be allowed only in the CF Community Facility District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District and the ORI Office Research Industrial District, GI General Industrial District and CI Commercial Industrial District zoning districts. 19.50.090: SPECIAL STREET GRAPHICS: A. A-frame graphic. An A-frame graphic is a portable, freestanding graphic which may be placed on public sidewalks and which is intended for pedestrian-oriented uses. A-frame graphics shall be permitted only for occupants in the CC 1 Center City District and CC2 Center City District zoning districts. An occupant may have an A-frame graphic or a projecting graphic, but not both. An occupant seeking to establish an A-frame graphic shall be located at a ground level location in the building in which the occupant is located. The building in which the occupant is located and to which the graphic is attached shall be set back no more than ten (10) feet from the sidewalk. The occupant shall have an entrance for the public or patrons or service window that faces and is within ten(10) feet of the sidewalk. 1. Location. A-frame graphics may be located partially or entirely on a sidewalk within a public right-of-way adjacent to the building or occupant space for which the A-frame graphic has been established. A minimum of a five (5) foot wide section of public sidewalk shall remain unobstructed at all times. 2. Size. A-frame graphics shall be no more than four (4) feet in height and eight (8) square feet in surface area. 3. Design. A-frame graphics shall be professionally made and maintained in good condition. Graphics shall be of an A-frame (sandwich board) design and properly weighted so as to not create a wind-blown hazard. Graphics shall not have any protruding nails, tacks, wires, or sharp metal edges. 4. Illumination. A-frame graphics shall not be illuminated. 5. Number. Not more than one (1) A-frame graphic shall be permitted per occupant on a zoning lot, except that when a zoning lot abuts two or more rights-of-way, then the occupant shall be permitted one graphic on each public sidewalk within the right-of-way. 6. Time restrictions. A-frame graphics shall not be displayed before sunrise and shall be taken down each day not later than 9:00 p.m. 7. Certificate of insurance. No A-frame graphic shall be placed on a public sidewalk without providing to the City a certificate of insurance pursuant to Section 13.04.210 of the Elgin Municipal Code. B. Canopy graphic. A maximum of one canopy graphic shall be allowed on each vertical canopy surface to a maximum of three (3) canopy graphics. Canopy graphics shall be located entirely within the vertical canopy surface. No canopy graphic shall exceed twenty five percent (25%) of the vertical canopy surface on which it is maintained. The surface area of a canopy graphic shall be deducted from the total allowable graphic surface area for wall graphics for each building and building occupant on each zoning lot. Canopy graphics shall be allowed only in the MFR Multiple-Family Residence District, CF Community Facility District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District and the ORI Office Research Industrial District, GI General Industrial District and CI Commercial Industrial District zoning districts. C. Directional graphic. A directional graphic may be located at an exit or an entrance to a premises that has two or more driveways. The maximum surface area for a directional graphic shall be not more than two square feet on two-lane streets or highways and on any highway with a posted travel speed of less than 35 mile per hour, and not more than four square feet on multi-lane roads and on any highway with a posted travel speed of 35 miles per hour or greater. D. Drive-through facility graphic. A drive-through facility graphic may be located in conjunction with a drive-through facility. A drive-through facility graphic shall be either a monument graphic or a wall graphic. No drive-through facility graphic shall exceed fifty (50) square feet in surface area or eleven (11) linear feet in height. The number and surface area of drive-through facility graphics shall not limit the number or surface area of other allowable signage on a zoning lot. Drive-through facility graphics shall be allowed only in the NB Neighborhood Business District, AB Area Business District, CC2 Center City District, and CI Commercial Industrial District zoning districts. E. Projecting graphic. A projecting graphic shall be permitted only in the CC1 Center City District and CC2 Center City District zoning districts. An occupant seeking to establish a projecting graphic shall be located at a ground level location in the building on which the occupant is located. An occupant may have a projecting graphic or an A-frame graphic, but not both. The building in which the occupant is located and to which the graphic is attached shall be set back no more than ten (10) feet from the sidewalk. The occupant shall have an entrance for the public or patrons or service window that faces and is within ten(10) feet of the sidewalk. 1. Location: Projecting graphics may be located partially or entirely over a sidewalk over a public right-of-way, and shall provide a minimum nine (9) feet of clearance from the bottom edge of the graphic to the sidewalk or ground surface. 2. Size: No projecting graphic shall be more than ten (10) square feet in surface area. The surface area of a projecting graphic shall be deducted from the total allowable graphic surface area for wall graphics for each occupant or building on each zoning lot. 3. Illumination: Projecting graphics may be illuminated. r 4. Number: Not more than one (1) projecting graphic for each individual street frontage shall be permitted for each occupant on a zoning lot. 5. Mounting: Projecting graphics must be pinned away from the wall at least six (6) inches and must project from the wall at an angle of ninety (90) degrees. Projecting graphics shall not project above the roofline or eighteen (18) feet, whichever is lower. A projecting graphic in a public right of way shall not extend vertically above the windowsill of a second story. F. Subdivision entrance graphic. There shall be a maximum of one subdivision entrance graphic for each street corner of such major entrance. Subdivision entrance graphics may be a monument graphic or a wall graphic, neither of which shall exceed eighty (80) square feet in surface area, nor ten (10) linear feet in structure height. A subdivision entrance graphic that is a wall graphic shall be attached to or supported by a decorative landscaping wall or fence. The number and surface area of subdivision entrance graphics shall not limit the number or surface area of other allowable signage on a zoning lot. Subdivision entrance graphics shall be allowed only in the SFR1 Single-Family Residence District, SFR2 Single-Family Residence District, RC 1 Residence Conservation District, RC2, Residence Conservation District, RC3 Residence Conservation District, TFR Two-Family Residence District, MFR Multiple-Family Residence District, ORI Office Research Industrial District and GI General Industrial District zoning districts. G. Suspended graphic. There shall be a maximum of one suspended graphic for each entrance to a building. No suspended graphic shall exceed six (6) square feet in graphic surface area. Suspended graphics shall be located entirely within the horizontal surface of the canopy, cantilever or marquee and shall provide a minimum nine (9) feet of clearance from the bottom edge of the graphic to the sidewalk or ground surface. The surface area of a suspended graphic shall be deducted from the total allowable graphic surface area for wall graphics for each occupant or building on each zoning lot. Suspended graphics shall be allowed only in the NB Neighborhood Business District, AB Area Business District, CC1 Center City District and CC2 Center City District zoning districts. H. Temporary graphic. A temporary graphic may be displayed on a temporary basis on a zoning lot a maximum of six (6) times per calendar year for a period not to exceed fifteen (15) days for each permit. No temporary graphic shall exceed thirty two (32) square feet in surface area or eleven (11) linear feet in height. Temporary graphics shall be displayed as a banner that is either erected as a ground graphic or affixed or attached to a building in the manner of a wall graphic. No temporary graphic shall include pennants or portable graphics. The number and surface area of temporary graphics shall not limit the number or surface area of other allowable street graphics on a zoning lot. Temporary graphics shall be allowed only in the CF Community Facility District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District and the ORI Office Research Industrial District, GI General Industrial District and CI Commercial Industrial District zoning districts. r Section 19.50.100: PROGRAMS FOR GRAPHICS: A program for graphics may be established to provide an opportunity for unique signage that may not conform to all of the provisions of the other sections of this chapter. The city council shall have the authority to pass an ordinance granting a program for graphics, subject to the provisions of this section. A program for graphics shall be subject to the provisions of chapter 19.65 of this title and to the provisions of this section. A. Standards: The granting of a program for graphics shall be contingent on the extent to which affirmative findings are made with respect to each of the following standards: 1. Departure From Requirements: No allowable departure from the requirements of this chapter shall be granted unless it has been found that the requested departures are mitigated through an equivalent and more restrictive application of other regulations of this title or chapter. The standards for conditional uses listed in section 19.65.030 of this title need not be considered. 2. Site Characteristics: The suitability of the subject property for the program for graphics with respect to its size, shape and any existing improvements. 3. Surrounding Land Use and Zoning: The suitability of the subject property for the program for graphics with respect to consistency and compatibility with surrounding land use and zoning. 4. Architectural Style: Each graphic shall be designed to relate to the architectural style of the main building or buildings upon the site, and to the extent not inconsistent with such style, to existing improvements upon lots adjacent to the site; provided that graphics located on any isolated commercial site containing a gross floor area of less than ten thousand (10,000) square feet within one or more buildings and located within a predominantly residential area shall be compatible with the residential character of such area and consistent with other graphic types permitted in residential districts. 5. Relationship To Buildings: Consistent with the architectural style, each graphic shall be designed to incorporate at least one of the predominantly visual horizontal and vertical elements of the main building or buildings on the site, such as the type of construction material, color, or other design details; and any graphic on a building shall have dimensions which are proportional to and visually balanced with the building facade of the side of the building upon which such graphic is located. 6. Relationship To Other Graphics: Each graphic shall be well related to all other graphics on the site by the incorporation of not less than four (4) of the following seven (7) elements: a. Materials; risk b. Letter style of graphic copy; c. Color; ti d. Illumination; e. Method used for structural support or attachment; f. Technical details of graphic construction; and g. Shape of entire graphic and its several components. 7. Graphic Copy: The graphic copy for a graphic shall not exceed forty percent (40%) of the graphic area. 8. Graphics Affixed To Buildings: The area for any graphic affixed to a building shall not exceed ten percent (10%) of the building facade upon which such graphic is located, except that an applicant for a program for graphics may, subject to the approval of the city council, designate one or more enterprises, which collectively occupy more than fifty percent (50%) of the usable floor space within the main building upon the site, as a"main tenant" or "main tenants" of the site. Each main tenant may have a graphic with an area not to exceed fifteen percent (15%) of the building facade of the building side upon which such graphic is located. 9. Graphics Affixed To Buildings Above Eave Line: Any graphic located above a building facade (eave line) shall be integral with the building and also an integral design feature of the building. 10. Graphics Affixed To Buildings Below Canopy: Any graphic located beneath a canopy, arcade, marquee or other similar building projection shall not contain more than three (3) square feet in graphic area and shall be located on a building frontage proximate to an entrance to the building in regular use by the general public. B. Allowable Departures: Allowable departures from the other sections of this chapter which may be granted through a program for graphics may include the number of graphics, the location of graphics, graphic area, illumination and motion, or any other graphic characteristic. Allowable departures from the other sections of this chapter which may be granted through a program for graphics shall not include being granted permission for a graphic prohibited by section 19.50.110 of this chapter, as amended, or permission for a type of graphic not allowed in the zoning district of the property upon which a graphic is proposed to be erected,placed or maintained. C. Required Documentation: A program for graphics shall contain the following documentation: 1. Site Plan: A site plan showing the locations of all structures, buildings, parking lots, driveways, landscaped areas, and the location with dimensions of all existing and proposed graphics in relation to structures, buildings, property lines, and rights of way associated with the zoning lot. The site plan shall be drawn at a graphic engineering scale of not less than one inch equals fifty feet(1" = 50'). 2. Graphic Sketch: A sketch with dimensions of all existing and proposed graphics referencing their location on the site plan and a list of all graphics specifying type, size and number. 3. Statement Of Purpose And Conformance: A specific written statement addressing the nature of and the reasons for the requested program for graphics and demonstrating conformance to the standards for a program for graphics. 4. Other Required Documents: The required documents for a conditional use pursuant to section 19.65.040 of this title, except the statement of purpose and conformance, and the site plan. D. Findings Required Prior To Approval: The zoning and subdivision hearing board shall recommend the approval or denial of a proposed program for graphics to the city council. The zoning and subdivision hearing board's recommendation shall be contained within written findings of fact which shall set forth with particularity in what respects the proposal conforms to the standards for a program for graphics. E. Conditions: The zoning and subdivision hearing board may recommend and the city council may require appropriate and reasonable conditions to any approval of a program for graphics including, but not limited to, conditions which alter graphic configurations, reduce the graphic area, relocate graphics upon the lot or buildings, or require other design modifications in order for the program for graphics to comply with the standards set forth in this section. F. The city council's approval or denial of any program for graphics shall be made in accordance with the standards for the program for graphics set forth in this section and any such approval or denial shall state with particularity the reasons for such approval or denial. G. Conformance To Plans: Subsequent to the approval of a program for graphics, no graphic shall be erected, placed, painted, or maintained, except in conformance to such plan. The program for graphics may be amended, subject to the provisions of this section. H. When a proposed program for graphics is not approved by the city council, the applicant may establish any street graphic on the zoning lot that is otherwise permitted by this chapter and in accordance with all applicable provisions of this chapter. 19.50.110: STREET GRAPHICS PROHIBITED: The following street graphics shall be prohibited in the City: rbk 1. Graphics that by color, location, or design resemble or conflict with traffic control graphics or signals. 2. Street graphics attached to light poles or standards. 3. Portable street graphics. 4. A-frame graphics, except within the CC1 Center City District or CC2 Center City District zoning districts. 5. Projecting graphics, except within the CC1 Center City District or CC2 Center City District zoning districts. 6. Roof graphics, with the exception of integral roof graphics. 7. Off-premises graphics. 8. Graphics on unlicensed, uninsured or inoperable vehicles that are placed on the vehicle for the primary purpose of attracting attention to an occupant's presence within a building at which the vehicle is being parked. 9. Any graphics that rotate, revolve, or have any visible moving part. Any graphic that gives the appearance of movement. 10. Flashing graphics. 11. Graphics that move mechanically. Mechanical changeable copy is permitted if the graphic change is no more than once every twenty-four(24)hours. 12. Bare bulb illumination. 13. Attention getting devices, including searchlights, festoon lighting, pennants, banners, spinners, streamers, balloons, inflatable graphics and other similar devices, or ornamentation designed for purposes of attracting attention or promotion, except as otherwise expressly permitted in this chapter. 14. Any structure that constitutes a hazard to public health or safety under the provisions of this code. 15. Painted wall graphics. 16. Pole graphics. 17. Electronic message graphics. 18. Street graphics erected on the right-of-way of any public or private street, road or right-of-way, except street graphics required by federal, state or local law to be erected by a governmental agency. 19.50.120: STREET GRAPHICS EXEMPT: A. The following graphics shall be exempt from the regulations of this chapter and are not required to obtain a permit: 1. Street graphics required by law. 2. A street graphic that cannot be viewed from a public right-of-way. 3. Noncommercial street graphics in residence and residence conservation zoning districts. Such street graphics are only permitted on private property in residence and residence conservation zoning districts and may be placed only upon the approval of the property owner. Such street graphics shall not exceed six (6) square feet in surface area and shall not be placed less than five (5) feet from any other privately owned property. Not more than one noncommercial street graphics shall be displayed for each individual "street lot line" [SR]. 4. Flags. There shall be a maximum of three (3) flags maintained on a zoning lot. No flag shall exceed sixty(60) square feet in surface area, or twenty two (22) linear feet in height. 5. Building marker graphic. A building marker graphic shall be cut into a masonry surface or made of bronze or other permanent material. There shall be a maximum of one building marker for each building on a zoning lot. No building marker shall exceed four (4) square feet. 6. Political campaign signs announcing candidates seeking public office, or public or political issues contained on a ballot and any information pertinent thereto. No political campaign sign shall exceed 32 square feet in surface area, or exceed ten feet in height. No political campaign sign shall be displayed more than 60 days prior to an election. Any political campaign sign permitted by this subparagraph may be used as a noncommercial street graphic. Political campaign signs shall be removed within seven days subsequent to the election. 7. Real estate graphics advertising the sale or rental of the land or building on which such sign is located. No real estate graphic shall exceed six (6) square feet in surface area on property that is less than one acre. No real estate graphic shall exceed thirty two (32) square feet in surface area on property that is one acre, but is less than five (5) acres. No real estate graphic shall exceed eighty (80) square feet in surface area on property that is five (5) acres or more. Real estate graphic may be displayed while the property is for sale or rent, and for a period that does not exceed one week subsequent to the consummation of the sale or rental of the property. No more than one real estate graphic shall be displayed for each individual street lot line. i.. 8. A street graphic carried by a person. 9. Vehicle graphic. Graphics posted on sides of vehicles, either permanently or temporarily. The vehicle shall be licensed, insured and operational and shall be used for the regular operation of the occupant's activity at the premises where the vehicle is located. A vehicle graphic shall not be used principally to display graphics relating to the occupant's activity on the premises in which the vehicle is located. B. The number and surface area of any street graphic designated as exempt within this section shall not limit the number or surface area of other allowable street graphics on a zoning lot. Except as otherwise provided in this section, any street graphic designated as exempt within this section shall be allowed in any zoning district. 19.50.130: VARIANCES: Variations from the regulations of this chapter may be granted only in conformance to the provisions of chapter 19.70 of this title, only in conformance to the following additional standards, and only in the following instances and no others: A. Additional Standards: In addition to the standards provided in section 19.70.030 of this title, the granting of a graphic variation shall be contingent on the extent to which affirmative findings are made with respect to one or more of the following standards: rk 1. Physical Surroundings: The variation should be based on the existence of unique physical surroundings, shape or topographical conditions of the "zoning lot" [SR] involved, which bring a particular hardship on the owner; 2. Reasonable Alternative: The variation should be based on there being no other reasonable alternative, which would conform to the provisions of this chapter; or 3. Historic District: The variation should be based on compatibility with the significant architectural features of a designated landmark or property located within a designated historic district pursuant to the provisions of title 20 of this code. B. Authorized Graphic Variations: 1. Surface Area: To permit an increase in the maximum graphic surface area in an amount not to exceed twenty percent(20%) of the allowable maximum. 2. Height: To permit an increase in the maximum height of a freestanding graphic in an amount not to exceed twenty percent(20%) of the allowable maximum. 3. Other Graphic Characteristics: To permit a departure from the requirements regulating other graphic characteristics including location on the zoning lot, but excluding the maximum allowable number of graphics. eft C. Minimum Setback for Monument Graphics: For monument graphics which exceed the maximum allowable surface area as a result of an authorized variation the minimum setback for such a monument graphic from a public right of way shall be one (1) linear foot for each ten (10) square feet of graphic surface area which exceeds the maximum allowable surface area. 19.50.140: NONCONFORMING STREET GRAPHICS: A. Change and modification. A nonconforming street graphic or street graphic structure shall be brought into conformity with this ordinance if it is altered, reconstructed, replaced, or relocated. A change in copy is not an alteration or replacement for purposes of this subsection. B. Maintenance. Nonconforming street graphics must be maintained in good condition in accordance with title 16 of this code. Maintenance required by this subparagraph shall include replacing or repairing of worn or damaged parts of a street graphic or street graphic structure in order to return it to its original state, and is not a change or modification prohibited by Subsection 1. C. Removal. Removal of a nonconforming street graphic or replacement of a nonconforming street graphic with a conforming street graphic is required when: 1. A nonconforming street graphic, or a substantial part of a nonconforming street graphic, is blown down, destroyed, or for any reason or by any means taken down, altered, or removed. As used in this subsection, "substantial" means 50 percent or more of the entire street graphic structure; or 2. The condition of the nonconforming street graphic or nonconforming street graphic structure has deteriorated and the cost of restoration of the street graphic to its condition immediately prior to such deterioration exceeds 50 percent of the value of the street graphic or street graphic structure prior to its deterioration; or 3. The use of the nonconforming street graphic, or the property on which it is located, has ceased, become vacant, or been unoccupied for a period of 365 consecutive days or more, there shall exist a rebuttable presumption that the nonconforming street graphic was intended to be abandoned and the nonconforming street graphic shall be discontinued; or 4. The person displaying the designated nonconforming street graphic, hereinafter defined, has failed to apply for the certificate of nonconforming street graphic as required by this chapter. D. Street graphic permit. Any permit issued for a street graphic under this ordinance shall require that any nonconforming street graphic displayed on the premises for which the permit is issued shall be modified or removed to conform to the provisions of this rink ordinance. E. Development permit. Any development permit that authorizes the development of a premises, any building addition, an increase in gross floor area of 25 percent or more, or any exterior structural remodeling of a building facade on which a nonconforming street graphic is located, shall require all nonconforming street graphics on the premises for which the development permit is issued to be brought into conformity with the provisions of this ordinance. F. Separation. No street graphic that is nonconforming solely because it violates a requirement for the spacing of ground graphics shall be required to eliminate that nonconformity if compliance with the spacing regulation on the premises is not possible. G. Electronic Message Graphics. In addition to the other regulations regarding nonconforming street graphics provided for in this chapter, nonconforming electronic message graphics shall comply with the following additional standards: 1. Electronic message graphics shall display static text messages only with no animation, effects simulating animation or video. The message change sequence shall be accomplished immediately or by means of fade or dissolve modes, with each message being displayed for a minimum period of ten (10) seconds. No continuous traveling or scrolling display shall be allowed. 2. The intensity of the light-emitting diode (LED) display shall not exceed the levels specified in the chart below for electronic message graphics which have existing programming capabilities in order to comply with same: INTENSITY LEVELS (NITS) COLOR DAYTIME NIGHTTIME Red Only 3,150 1,125 Green Only 6,300 2,250 Amber Only 4,690 1,675 Full Color 7,000 2,500 19.50.150: AMORTIZATION OF DESIGNATED NONCONFORMING STREET GRAPHICS: Amortization of nonconforming street graphics. This section provides for a period of continued use of certain nonconforming street graphics in existence as of the effective date of this ordinance. During this period of use, it is expected that the nonconforming street graphic may be amortized on federal income taxes; however, whether the nonconforming street graphic may be so amortized shall not affect the application of this section. Similar treatment shall be accorded to an existing nonconforming street graphic in an area annexed to the city after the effective date of this ordinance. rift A. Amortization Period; Conditions. Notwithstanding the provisions of section 19.50.140 of this chapter or chapter 19.52 of this Title, a nonconforming street graphic existing as of the effective date of this ordinance that does not presently comply with this chapter because there is no principal building on the zoning lot in which the nonconforming street graphic is located as required under section 19.50.070A of this chapter or there are more street graphics than permitted on the zoning lot, shall be removed not later than November 1, 2012. Such nonconforming street graphics shall be referred to as a "designated nonconforming street graphic" for the purposes of this section. The amortization period established by this section may be used only if the designated nonconforming street graphic retains its nonconforming status in accordance with the provisions of this section. The provisions of this section shall not apply to any designated nonconforming street graphic located along a federal aid primary highway or an interstate highway for which sign compensation is regulated by federal law and was erected and is permitted and maintained in compliance with federal regulations. B. Notification of Designated Nonconforming Street Graphic. The Development Administrator shall, as soon as practical, survey the city to determine the location of all designated nonconforming street graphics. When a designated nonconforming street graphic has been identified, the Development Administrator shall use reasonable efforts to determine the identity the owner of the designated nonconforming street graphic and, where practical, the owner of the property on which the designated nonconforming street graphic is located and provide written notification to each identified party. The Development Administrator's written notification shall apprise each identified party of the designated nonconforming street graphic's nonconformity with the provisions of this chapter and of the amortization period established by this section. If the identity of the owner of the designated nonconforming street graphic or owner of the property on which the designated nonconforming street graphic is located cannot be determined after reasonable inquiry, the Development Administrator's notice may be affixed in a conspicuous place on the designated nonconforming street graphic. A file shall be established in the Department of Code Administration and Development Services and a copy of the notice and certification of posting shall be maintained for records. C. Registration of Designated Nonconforming Street Graphic. The owner of any designated nonconforming street graphic and the owner of the property owner upon which such designated nonconforming street graphic is located shall register such designated nonconforming street graphic with the city. The registration certificate shall be obtained by the owner of the designated nonconforming street graphic and the owner of the property owner upon which such designated nonconforming street graphic is located within sixty(60) days of notification by the Development Administrator. The registration certificate shall be issued and shall expire at the end of the applicable amortization period prescribed in subsection A of this section. The registration certificate for a designated nonconforming street graphic shall contain the name and address of the owner of the nonconforming street graphic and the owner of the property upon which the designated nonconforming street graphic is located and such ,001' other pertinent information as the Development Administrator may require to ensure compliance with this chapter, including, but not limited to, proof of the date of installation of the designated nonconforming street graphic; the structural configuration and components of the nonconforming street graphic existing at the time of registration; the existing height, width, surface area and illumination of the designated nonconforming street graphic; and, the existing location of the "nonconforming street graphic on the property upon which it has been erected. A nonconforming designated street graphic for which no registration certificate has been issued within the sixty (60) day period of notification from the Development Administrator, or for which a registration certificate has been revoked by the Development Administrator, shall be removed within six (6) months from the date of the applicable action of the Development Administrator. D. Loss of Nonconforming Status. A designated nonconforming street graphic shall immediately lose its nonconforming status if: 1. The existing structure of the designated nonconforming street graphic is altered in any way, including but not limited to, its height, width, surface area and illumination; or 2. The designated nonconforming street graphic is relocated or repositioned to a location other than that in which was identified on the registration certificate; or 3. The designated nonconforming street graphic is replaced. For the purposes of this subparagraph, replacement shall refer to structural replacement and not change of"copy," panel or lettering; or 4. No designated nonconforming street graphic registration is filed by the owner of the designated nonconforming street graphic and the owner of the property upon which the designated nonconforming street graphic is located within sixty (60) days following notification by the Development Administrator that the designated nonconforming street graphic is nonconforming and that a registration certificate must be obtained. Upon any of the above-referenced circumstances taking place, any registration certificate identifying a designated nonconforming street graphic as designated nonconforming and subject to the amortization provisions of this section shall become void. The Development Administrator shall notify the owner of the designated nonconforming street graphic and the owner of the property upon which the designated nonconforming street graphic is located of the registration certificate's revocation and the designated nonconforming street graphic shall be removed in accordance with subsection C of this section. /M•. E. Designated Nonconforming Street Graphic Maintenance and Repair. Nothing in this f section shall relieve the owner of any designated nonconforming street graphic and the owner of the property upon which the designated nonconforming street graphic is located from the provisions of this Code regarding safety, maintenance and repair of signs, provided, however, that any repainting, replacement of "copy," panels and/or lettering, cleaning and other normal maintenance or repair of the designated nonconforming street graphic or its structure shall not modify the designated nonconforming street graphic or its structure in any way which is not in compliance with the requirements of this Title or the designated nonconforming street graphic will lose its designated nonconforming status and have its registration certificate revoked. 19.50.160: PERMITS: A. Permit required. Except for those street graphics that are exempt under section 19.50.120 of this chapter, no person shall erect or display a street graphic unless the development administrator has issued a permit for the street graphic. B. Application. A person proposing to erect or display a street graphic shall file an application for a permit with the development administrator. The application shall contain the following. 1. The name, address, and telephone number of graphic contractor and the owner and occupant of the premises where the street graphic is to be erected or displayed; the date on which it is to be erected or displayed; the zoning district and the area of special character, if any, in which it is located; and any variance that has been approved. 2. A drawing to scale that shows: a. All existing street graphics displayed on the premises; b. The location, height, and size of any proposed street graphics. 3. This information is not required if a Program for Graphics has been approved for the premises or occupancy on which the street graphic will be erected or displayed if the approved Program for Graphics is attached to the application. 4. Specifications for the construction or display of the street graphic and for its illumination and mechanical movement, if any, are to be provided. C. Review and time limits. The development administrator shall promptly review the application upon the receipt of a completed permit application and upon payment of the permit fee by the applicant. The development administrator shall notify the applicant within ten (10) days from the receipt of the application and permit fee of any deficiencies in the application. The development administrator shall grant or deny the permit application within twenty (20) days from the date the completed application and permit fee was filed with the development administrator. If the development administrator fails to grant or deny the permit application within the prescribed time period, the permit application shall be deemed denied. D. Approval or denial. The development administrator shall approve a permit for the street graphic if it complies with the building, electrical or other adopted codes of the City and with: 1. The regulations for street graphics contained in this ordinance and any variance that has been granted from these regulations, and 2. Any special regulations that have been adopted for an area of special character, and 3. Any program for graphics that has been approved under this ordinance. If the development administrator does not approve a permit for the street graphic, the development administrator shall state the reasons for the denial in writing, and shall mail a certified copy of the reasons for denial to the address of the applicant stated on the application. E. Appeals. Any applicant who is denied a permit for the display of a street graphic may file a written appeal to the city manager within ten (10) days after receipt of the written copy of the denial by certified mail. If the development administrator fails to grant or deny the permit application within twenty (20) days from the date of the completed application and permit fee was filed and the permit application is therefore deemed denied pursuant to subsection C of this section, any applicant who is denied a permit under such circumstances may file a written appeal to the city manager within thirty (30) days from the date the completed permit application and permit fee was filed with the development administrator. The city manager shall grant or deny the appeal within twenty (20) days from the date the appeal was received by the city manager. The city manager's decision to grant or deny an appeal shall be made in accordance with the criteria set forth in subparagraph D of this section. If the city manager fails to grant or deny an appeal within twenty (20) days from the date the appeal was received, the appeal shall be deemed denied. F. Fees. The fees for permit applications are as set forth in chapter 16.48 of this code. 19.50.170: ENFORCEMENT: The development administrator is authorized and directed to enforce all of the provisions of this chapter. 19.50.180: SEVERABILITY: The invalidation of any section, subsection, clause, or phrase of this ordinance by any court of competent jurisdiction shall not affect the validity of the remaining portions of the ordinance." • Section 2. That Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions and Regulations" be and is hereby further amended by deleting therefrom the following: "SIGN: Any object, device, display or structure, or part thereof which is used to advertise, identify, display, direct or attract attention to an object, place, subject, firm, performance, article, machine, merchandise, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, trademarks, devices, logos, fixtures, colors, motion illumination, or projected images, which are painted, printed, or constructed and displayed in any manner whatsoever, which is intended to be seen by persons within a public right of way. "Sign" includes, but is not limited to, every projecting sign, wall sign, painted sign, roof sign, billboard, poster board, free standing sign, ground sign, pole sign, window sign, vehicle sign, awning sign, canopy sign, marquee sign, changeable copy sign, illuminated sign, flashing sign, animated sign, temporary sign, portable sign, banner, flag, streamer, or any other attention-getting device, or other display, whether affixed to a building or separate from any building. A. Animated Sign: Any sign or part of a sign, which changes physical position by any movement or rotation, or which gives the visual impression of rotation or movement, either manually or electronically. With the exception of "electronically driven message signs" [SR] animated signs are expressly prohibited. B. Attention-Getting Device: Any pennant, flag, valance, banner, propeller, spinner, streamer, searchlights, beacon, balloon or similar device or ornamentation, which is designed for the purpose of attracting attention, promotion, advertising or similar purposes. Attention-getting devices are prohibited unless specifically provided for otherwise. C. Banner: Any sign of lightweight fabric or similar material that is temporarily mounted to any "structure" [SR]. A banner shall be considered a"temporary sign" [SR]. D. Building Marker: Any sign identifying the name of a building with the date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material, but which contains no advertising material or message. There shall be a maximum of one building marker for each building on a zoning lot. No building marker shall exceed four(4) square feet. The number and surface area of building markers shall not limit the number or surface area of other allowable signage on a zoning lot. E. Building Sign: A sign that is attached to or supported by the exterior of any part of a "building" [SR]. Building signs shall be the only allowable type of"wall sign" [SR] unless expressly provided otherwise. F. Canopy Sign: Any sign that is a part of or attached to a "canopy" [SR]. A canopy sign shall be considered a "wall sign" [SR]. A maximum of one canopy sign shall be allowed on each vertical canopy surface to a maximum of three (3) canopy signs. Canopy signs shall be located entirely within the vertical canopy surface. No canopy sign shall exceed twenty five per cent (25%) of the vertical canopy surface on which it is maintained. The surface area of a canopy sign shall be deducted from the total allowable sign surface area for wall signs for each store front (tenant space) or building on each"zoning lot" [SR]. G. Changeable Copy Sign: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged manually to provide a message or picture which is not permanent in nature. Any sign on which the message changes more than one time each day shall be considered an "animated sign" [SR]. H. Construction Project Sign: A sign that identifies the name of the project under construction on the property where the sign is located. There shall be a maximum of one construction project sign on a zoning lot, or for a new residential, commercial, or industrial subdivision, a maximum of one sign for each street frontage on an "arterial street" [SR]. No construction project sign shall exceed one hundred forty four (144) square feet in surface area, nor shall such sign be erected more than thirty(30)days prior to the start of construction. Construction project signs shall be removed within thirty (30) days subsequent to the issuance of the last final occupancy permit. Contractor Sign: A sign which names the contractors engaged in construction on the property where the sign is located. There shall be a maximum of one contractor sign on a zoning lot. No contractor sign shall exceed thirty two (32) square feet in surface area, nor shall such sign be erected prior to the start of construction. Contractor signs shall be removed prior to the issuance of an occupancy permit. J. Development Sign: A permanent sign located at the major entrances of a residential or industrial subdivision or "planned development" [SR] where an "arterial street" [SR] intersects with a "collector street' [SR] or a "local street" [SR] within such subdivision or planned development. Such signs shall identify only the name of the subdivision or planned development, and shall contain no advertising material or message. There shall be a maximum of one development sign for each street corner of such major entrance. Development signs may be a"freestanding sign" [SR] or a"wall sign" [SR] neither of which shall exceed eighty (80) square feet in surface area, nor eleven (11) linear feet in "structure height" [SR]. No development sign which is a wall sign shall be a "building sign" [SR]. A development sign which is a wall sign shall be attached to or supported by a decorative landscaping wall or fence. The number and surface area of development signs shall not limit the number or surface area of other allowable signage on a zoning lot. K. Electronically Driven Message Sign: A sign or portion thereof with characters, letters, or illustrations that are formed, changed, and rearranged electronically to provide a message or picture which is not permanent in nature. Electronically driven signs shall function as "public information signs" [SR]. All other electronically driven signs shall be considered "animated signs" [SR]. L. Flag: Any fabric, banner or bunting containing distinctive colors, patterns, symbols or crests of nations, states, or cities; fraternal, religious, civic organizations; or corporations; which do not contain any advertising material. There shall be a maximum of three (3) flags maintained on a zoning lot. No flag shall exceed sixty (60) square feet in surface area, nor twenty two (22) linear feet in height. The number and surface area of flags shall not limit the number or surface area of other allowable signage on a zoning lot. M. Flashing Sign: Any directly or indirectly illuminated sign, either stationary or animated, which exhibits changing natural or artificial light or color effects by any means whatsoever. Flashing signs are expressly prohibited. N. Freestanding Sign: A sign completely or principally supported by posts or other supports independent of any other structure or building, and anchored in or on the ground. 0. Garage Sale Sign: A sign which identifies a "residential garage sale" [SR]. Such signs shall be displayed only during sale hours and shall be located only on the zoning lot where the sale is being conducted. No garage sale sign shall be placed on public property including, but not limited to, trees, traffic-control signs, utility poles and tree banks. There shall be a maximum of one garage sale sign on a zoning lot. No garage sale sign shall exceed six (6) square feet in surface area. P. Historic Marker: A sign which identifies or indicates historical information about the property on which it is located, and which is awarded by a Federal, State, or local government agency. The number and surface area of historic markers shall not limit the number or surface area of other allowable signage on a zoning lot. Q. Holiday Decorations: Signs in the nature of decorations, which are clearly incidental, customary, and commonly associated with a national, local, or religious holiday. Such signs shall be displayed for a period of not more than sixty (60) days within a calendar year, and may be of any type, number, area, height, location, illumination or animation. No holiday decoration shall be utilized for the purpose of advertising. No holiday decorations shall be considered a "temporary sign" [SR]. The number and surface area of holiday decorations shall not limit the number or surface area of other allowable signage on a zoning lot. R. Identification Sign: A sign which identifies only the name or address of a building or the occupant of a building, but which contains no advertising material or message. There shall be a maximum of one identification sign for each building on a zoning lot. No identification sign shall exceed two (2) square feet. The number and surface area of identification signs shall not limit the number or surface area of other allowable signage on a zoning lot. S. Illumination, Exposed Bulb: A group of two (2) or more incandescent light bulbs and fixtures, which are not hung or strung, but are permanently affixed to a structure or building in such a manner that no electrical wiring is visible, 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"street lot line" [SR]. T. Illumination, External: "Externally illuminated sign" shall mean a sign illuminated by a source of light which is cast upon the surface or face of the sign to illuminate by reflection only. U. Illumination, Festoon Lighting: A group of two (2) or more incandescent light bulbs, which are hung or strung from a structure or building in such a manner that electrical wiring is visible, 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 "street lot line" [SR]. V. Illumination, Internal: A sign, all or any part of which is illuminated by a source of light, which is internal to the sign structure. W. Information Sign: A sign that directs or guides vehicular or pedestrian traffic or parking on private property, but which contains no advertising material or message. Information signs shall include signs that identify restrooms, telephones, entrances, exits, and other similar facilities. No information sign shall exceed eight (8) square feet in surface area or five (5) linear feet in height, except that "vertical clearance" signs may exceed five (5) in height, as may be approved by the Development Administrator. The number and surface area of information signs shall not limit the number or surface area of other allowable signage on a zoning lot. p' X. Interior Sign: A sign which is located in a building, or which is located in the court of a building or a group of buildings. Interior signs shall be sized and located for pedestrian traffic in the building or the court. Y. Marquee Sign: Any sign that is a part of or attached to a "marquee" [SR]. A marquee sign shall be considered a "wall sign" [SR]. A maximum of one marquee sign shall be allowed on each vertical marquee surface to a maximum of three (3) marquee signs. Marquee signs shall be located entirely within the vertical marquee surface. The surface area of a marquee sign shall be deducted from the total allowable sign surface area for wall signs on each zoning lot. Z. Menu Board Sign: A sign, which is located in conjunction with a "drive- through facility" [SR], and which lists services or products available from a drive-through facility. No menu board sign shall exceed fifty(50) square feet in surface area or eleven (11) linear feet in height. The number and surface area of menu board signs shall not limit the number or surface area of other allowable signage on a zoning lot. AA. Monument Sign: A "freestanding sign" [SR] in which the supporting structure from the ground to the bottom of the sign is at least as wide as the sign. BB. Noncommercial Opinion Sign: A sign expressing an opinion or other point of view which does not advertise any product, good, business or service. Such signs are only permitted on private property and may be placed only upon the approval of the property owner. Such signs shall not exceed six (6) square feet in surface area and shall not be placed less than five feet (5') from any other privately owned property. Not more than one noncommercial opinion sign shall be displayed for each individual "street lot line" [SR]. CC. "No Trespassing" Sign: A sign which regulates the use of a property including, but not limited to, "no hunting" or "no fishing" signs. No "no trespassing" sign shall exceed two (2) square feet in surface area. DD. Obsolete Sign: Any on premises sign which advertises a business or product no longer conducted or sold on the premises where such sign is located, or any off premises sign which advertises a business no longer conducted or a product no longer sold. Obsolete signs are expressly prohibited. EE. Off Premises Sign: A sign which directs attention to a business, commodity, service or entertainment not conducted, sold or offered on the premises where the sign is located, or which business, commodity, service or entertainment performs only minor or incidental activity upon the premises where the sign is displayed. The sale of a commodity is considered a minor activity if the commodity advertised is a specific brand or if the advertising content is not directly controlled, or has in the past not been directly controlled by the operator of the on premises business; such product oriented "signs" [SR] shall be considered on premises signs only if they comply with the on premises sign requirements. For the purposes of this subsection, easements and other appurtenances and noncontiguous parcels under the same ownership shall be considered off the premises of the parcel or land on which the business or activity is located or conducted. An "information sign" [SR], "noncommercial opinion sign" [SR], "no trespassing sign" [SR], "political campaign sign" [SR], "public sign" [SR] or "public utility sign" [SR] shall not constitute an "off premises sign" [SR] within the meaning of this subsection. FF. On Premises Sign: A sign that advertises or directs attention to a business, commodity, or service conducted, offered or sold on the premises, or directs attention to the business or activity conducted on the premises. GG. Painted Wall Sign: A sign which is painted directly upon a wall or building and which includes no other attachments or appurtenances to such building. Painted wall signs are expressly prohibited. HH. 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. Pennants shall be considered a"temporary sign" [SR]. II. Political Campaign Signs: A sign announcing candidates seeking public office, or public or political issues contained on a ballot and any information pertinent thereto. No political campaign sign shall exceed thirty two (32) square feet in surface area, or exceed ten feet (10') in height. No political campaign sign shall be displayed more than sixty(60) days prior to an election. Any sign permitted by this subsection may be used, in the place of any other use permitted by this subsection, as a "noncommercial opinion sign" [SR]. Political campaign signs shall be removed within seven(7) days subsequent to the election. JJ. Portable Sign: Any sign that is not permanently attached 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. A portable sign shall be considered a"temporary sign" [SR]. KK. Projecting Sign: A "building sign" [SR] that is not a "wall sign" [SR]. Projecting signs are expressly prohibited. LL. 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 per cent (50%) of the display time between nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. shall be devoted to public information messages. MM. Public Sign: A sign which identifies, informs or directs, and which is erected or required by a governmental body, or authorized for a public purpose by a law, statute, or ordinance. Public signs may be of any type, number, area, height, location, illumination, or animation, as authorized by the law, statute, or ordinance under which such signs are created. NN. Public Utility Sign: A sign which is erected or required by a public utility company and which serves as an aid to public safety or which identifies the location of underground facilities. 00. Real Estate Sign: A sign which advertises the sale or rental of the land or building on which such sign is located. No real estate sign shall exceed six t (6) square feet in surface area on property which is less than one acre. No real estate sign shall exceed thirty two (32) square feet in surface area on property which is one acre, but is less than five (5) acres. No real estate sign shall exceed eighty(80) square feet in surface area on property which is five (5) acres or more. Real estate signs may be displayed while the property is for sale or rent, and for a period which does not exceed one week subsequent to the consummation of the sale or rental of the property. No more than one real estate sign shall be displayed for each individual "street lot line" [SR]. PP. Roof Sign: Any sign erected or constructed in whole or in part on and over the roof of a building, supported by the roof structure, or extending vertically above the highest portion of the roof. Roof signs are expressly prohibited. QQ. 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. There shall be a maximum of two (2) integral roof signs on each principal building [SR]. The surface area of an integral roof sign shall be deducted from the total allowable sign surface area for wall signs on each zoning lot. rb^ RR. Suspended Sign: A sign that is suspended from the underside of the horizontal plane surface of a "canopy" [SR], cantilever, or "marquee" [SR] and is supported by such surface. There shall be a maximum of one suspended sign for each entrance to a building. No suspended sign shall exceed six (6) square feet in sign surface area. Suspended signs shall be located entirely within the horizontal surface of the canopy, cantilever or marquee. The surface area of a suspended sign shall be deducted from the total allowable sign surface area for wall signs for each storefront (tenant space) or building on each zoning lot. SS. Temporary Sign: Any sign for use for a period not to exceed thirty (30) consecutive days for each calendar year for each zoning lot. There shall be a maximum of two (2) temporary signs maintained on a zoning lot for each calendar year. No temporary sign shall exceed thirty two (32) square feet in surface area or eleven (11) linear feet in structure height. Temporary signs shall include banners and portable signs. The number and surface area of temporary signs shall not limit the number or surface area of other allowable signage on a zoning lot. TT. Unsafe Sign: Any sign which due to its size, location, content, coloring, manner of illumination, or any other characteristic, obstructs the vision of drivers, or obstructs or detracts from the visibility or effectiveness of any traffic control sign or device; any sign which makes 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; or any sign or sign structure, which constitutes a hazard to public health or safety. Unsafe signs are expressly prohibited. UU. Vehicle Sign: Any sign attached to or painted on a motor vehicle or trailer, or any portion thereof, which advertises a business, product, or service not directly connected with the vehicle upon which such a sign is placed; or any such vehicle which is parked or placed so that its function is that of a sign. Vehicle signs are expressly prohibited. VV. Wall Sign: A single sign surface mounted, attached, or painted on the exterior wall of a building or structure in a plane parallel to that of the supporting wall, and confined within the limits of the exterior wall face. A wall sign shall not project more than nine inches (9") from the plane of the structure to which it is attached, except allowable flags which may project further, as approved by the development administrator. WW. Window Display: Merchandise, pictures or models of products or services, which are displayed in a window. XX. Window Sign: A permanent sign which is located on the interior or the exterior of a window, and which is visible from the exterior of a building or structure regardless of the manner in which it is attached or mounted. Window signs shall be considered"wall signs" [SR]. YY. Window Sign, Promotional: A sign for the specific purpose of attracting attention of the passerby to a sale, or to promotional products or services, which is located on the interior or the exterior of a window, and which is visible from the exterior of a building regardless of the manner in which it is attached or mounted. No promotional window sign shall exceed twenty five percent (25%) of the surface area of all windows for each store front (tenant space) or building. SIGNAGE PLAN, MASTER: A special sign program for a "zoning lot:" established subject to the provisions of chapter 19.65 and section 19.50.150 of this title." Section 3. That Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions and Regulations" be and is hereby further amended by adding the following thereto: "SIGN: Definitions relating to Signs and Street Graphics are set forth in chapter 19.50 of this title. STREET GRAPHICS: Definitions relating to Street Graphics and Signs are set forth in chapter 19.50 of this title." Section 4. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Ed Schock, Mayor Presented: October 12, 2005 Passed: October 12, 2005 Vote: Yeas: 7 Nays: 0 Recorded: October 14, 2005 Published: October 14, 2005 Attest: Dolonna Mecum, City Clerk