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Blue Island City Zoning Code

SIGNS

§ 165.105 PURPOSE.

   The purpose of this subchapter is to achieve balance among the following goals:
   (A)   To protect the property values and economic well-being of the city;
   (B)   To encourage the effective use of signs as a means of identification and communication for businesses, organizations and individuals in the city;
   (C)   To provide a means of way finding in the community, thus reducing traffic confusion and congestion;
   (D)   To assure maintenance of signs;
   (E)   To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well-being of the city;
   (F)   To protect the safety and welfare of the public by minimizing sign-related hazards to pedestrian and vehicular traffic;
   (G)   To preventing unsightly and chaotic visual clutter which has a blighting influence upon the community; and
   (H)   To minimize the possible adverse effects of signs on nearby public and private property, in particular on residential uses and districts.
(Prior Code, § 166.105) (Ord. 2014-040, passed 7-8-2014)

§ 165.106 APPLICABILITY.

   It is unlawful for any person to construct, maintain, display or alter or cause to be constructed, maintained, displayed or altered, a sign within the city, except in conformance with this subchapter.
(Prior Code, § 166.106) (Ord. 2014-040, passed 7-8-2014) Penalty, see § 165.999

§ 165.107 RELATIONSHIP TO OTHER ORDINANCES.

   Nothing contained in this subchapter shall be deemed or construed to modify or alter the provisions of any other ordinance or chapter in the city code. In the event of a conflict between the requirements of this subchapter and those of any other provision of the city code, the more restrictive shall prevail and control.
(Prior Code, § 166.107) (Ord. 2014-040, passed 7-8-2014)

§ 165.108 SUBSTITUTION OF MESSAGES.

   The sign regulations of this subchapter are not intended to favor commercial speech over constitutionally protected political or noncommercial speech. A sign containing a noncommercial message may be substituted for any sign containing a commercial message that is allowed by the regulations of this subchapter.
(Prior Code, § 166.108) (Ord. 2014-040, passed 7-8-2014)

§ 165.109 EXEMPTIONS.

   The following signs are exempt from regulation under this subchapter:
   (A)   Any public notice, warning or temporary sign posted by a valid and applicable federal, state or local law, regulation, or ordinance; or posted by a public agency, acting in accordance with an adopted law or ordinance, or by order of a court of competent jurisdiction;
   (B)   Public utility signs and safety signs required by law;
   (C)   Any sign inside a building, not attached to a window or door that is not legible from a distance of more than three feet beyond the property line, development site or parcel on which the sign is located, or any sign that the Zoning Administrator determines is not intended to be legible from any street right-of-way or beyond the property line;
   (D)   Traffic-control signs on private property, such as stop, yield and similar signs, the faces of which meet standards set forth in the Illinois Manual on Uniform Traffic-Control Devices and which contain no commercial message of any sort;
   (E)   Ghost signs are deemed conforming. Ghost signs may be maintained and repainted but no new information or images may be added to the existing sign. No new wall signs may be painted over an existing ghost sign; or
   (F)   Signs installed or placed within the city, for the benefit of the city and its residents, by the city staff, with the consent and approval of the City Council; or
   (G)   Signs in the public right-of-way and on public property:
      (1)   Signs installed by any of the following government agencies and directly related to the use of the right-of-way or of public property, including the control and direction of traffic are permitted in the public right-of-way and on public property: the city; county; state; any transit company authorized to provide service to or through the city; any public utility with a franchise or other agreement with the city; or any other government entity or person expressly authorized by Illinois law to install a sign in the right-of-way;
      (2)   Honorary signs acknowledging voluntary efforts to provide landscaping, litter control, or other maintenance, when the signs are installed pursuant to a written policy of the city or the state; or
      (3)   Any other sign installed or placed in the public right-of-way will be deemed an unlawful sign and will be subject to immediate removal and disposal by the city, without compensation to the owner. The owner or other person placing the sign will, nevertheless, be subject to the penalty provisions of this subchapter.
(Prior Code, § 166.109) (Ord. 2014-040, passed 7-8-2014; Ord. 2023-030, passed 5-23-2023)

§ 165.110 PROHIBITED SIGNS.

   The following signs are expressly prohibited in all zoning districts:
   (A)   Animated signs;
   (B)   Moving signs or signs that give the illusion of movement in any manner, including signs with moving, revolving or rotating parts or visible mechanical movement of any kind, including wind-activated, but not including clocks with movable hands;
   (C)   Flashing, blinking, mechanically moving, twinkling, scrolling or full-motion video elements or other lighting that does not provide constant illumination, including strobe lights, moving or fixed spotlights and floodlights;
   (D)   Wind-blown signs (e.g., feather flags), balloon signs, and signs painted on or attached to balloons or other inflatable devices (e.g., cars being sold in an auto dealership);
   (E)   Handwritten signs, pictures, symbols or lettering on window signs or displays;
   (F)   Banners or pennant flags that are intended to be temporary for 15 days but left in place indefinitely;
   (G)   Signs that cover any architectural elements or obstruct any ingress or egress, including doors, windows or fire escapes;
   (H)   Roof signs, except were allowed by special use permit in the U-TOD Sign Overlay District;
   (I)   Any sign that interferes with, obstructs the view of, or may be confused with any authorized traffic sign, signal or device because of its position, shape or color, including signs illuminated in red, green or amber color to resemble a traffic signal;
   (J)   Signs which make use of words such as stop, look, “one way”, danger, yield, or any similar word, phrase or symbol or light so as to interfere with or confuse pedestrian or vehicular traffic;
   (K)   Signs displaying an obscene, indecent or immoral matter;
   (L)   Signs on benches, as well as benches located on private or public property that advertise a business, product, or service or contain any other type of message;
   (M)   Signs on trees;
   (N)   Signs on utility poles, other than signs installed by the city or other government agency or utility provider;
   (O)   Portable signs, including mobile advertising signs and signs attached to trailers or that are equipped for towing, and any commercial vehicle that displays business identification or any advertising that is viewable from the public right-of-way and that is not regularly used in the course of everyday business;
   (P)   Signs in the public right-of-way, unless otherwise provided by division (F) or elsewhere in this subchapter; and
   (Q)   Obsolete or abandoned signs, including any sign that advertises a business, product, service or activity that is no longer located on the premises where the sign is displayed;
   (R)   Off-premises signs that advertise a business not conducted on the premises where the sign is located or a product not sold on the premises where the sign is located;
   (S)   Signs placed or painted on a vehicle that is parked in a location such that the primary purpose is to advertise a product or service, or to direct the public to a business or activity located on or off the premises. Signs displayed on trucks, buses or other vehicles, which are being operated and stored in the normal course of a business, such as signs indicating the owner or business using the delivery trucks, moving vans and rental trucks, are allowed, provided that the primary purpose of such vehicles is not the display of signs. Such a truck must be parked or stored in an area appropriate to its use;
   (T)   Trailer and portable signs that are temporary or permanent signs resting on, or attached to, vehicles or trailers; and
   (U)   The list of prohibited sign types set out in this section is illustrative only. Any sign that is not exempt from this subchapter under § 165.109 and not established as a lawful non-conforming sign in accordance with § 165.127 or not expressly allowed under another section of this subchapter is a prohibited sign.
(Prior Code, § 166.110) (Ord. 2014-040, passed 7-8-2014; Ord. 2023-030, passed 5-23-2023) Penalty, see § 165.999

§ 165.111 DETERMINATION OF VISIBILITY.

   In determining visibility of a sign from a residential property, it will be assumed that a two-story residence will occupy the property with second-story windows facing toward the sign.
(Prior Code, § 166.111) (Ord. 2014-040, passed 7-8-2014)

§ 165.112 MEASUREMENT, CONSTRUCTION AND DESIGN STANDARDS.

   (A)   Computation of sign area. For signs on a background, the entire area of the background will be calculated for sign area, including any material or color forming the sign face or background used to differentiate the sign from the structure against which it is placed. Sign area does not include any supporting framework or bracing, unless such framework or bracing is part of the message or sign face.
      (1)   Computation of sign area.
      (2)   Computation of sign area, non-rectangle.
      (3)   Computation of sign area, individual lettering.
         (a)   For wall signs consisting of individually attached letters or logos, the area of a sign face (“sign area”) is calculated by means of the smallest square, circle, rectangle or triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display. Sign area does not include any supporting framework or bracing, unless such framework or bracing is part of the message or sign face.
         (b)   For awning or canopy signs, the sign area is calculated in the same manner as for wall signs consisting of individual letters and logos.
      (4)   Computation of sign area, individual lettering.
      (5)   Measurement of area of multi-faced signs. Where the sign faces of a double-faced sign are parallel and the distance between the faces is three feet or less, only one display face will be measured in computing sign area. If the two faces of a double-faced sign are of unequal area, the area of the sign will be the area of the larger sign. In all other cases, the areas of all faces of a multi-faced sign will be added together to compute the area of the sign.
      (6)   Sign height and clearance measurements. The height of a sign will be computed as the distance from the highest point of the sign structure to the elevation of the centerline of the adjacent public street or highway. The required clearance of a pole or projecting sign will be computed as the distance from the lowest point of the sign structure to the established grade on which the sign rests or is directly below the sign.
      (7)   Sign height and clearance measurements.
   (B)   Design loads (wind, direct and snow). Any sign, other advertising structure, marquee, canopy or awning as defined in this chapter must be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of net surface area, snow loads as required by the city code, and ASCE/SEI minimum design loads for buildings and other structures as required in the Building Code and/or other ordinances of the city.
   (C)   Location. On a corner lot, no freestanding sign over two feet tall may be placed within the clear sight area, as defined.
   (D)   Illumination.
      (1)   Reflector lighting. Any sign illumination, including gooseneck or reflectors and internally illuminated signs, and all electronic signs must be designed, located, shielded and directed to prevent the casting of glare or direct light upon roadways and surrounding properties, or the distraction of motor vehicle operators or pedestrians in the public right-of-way. In the case of internally illuminated signs, the sign face must function as a filter for any illumination.
      (2)   The use of neon lighting as an accent is permitted for projecting, window and wall signs in the U-TOD and Commercial Sign Overlay Districts, subject to the following.
         (a)   Neon lighting shall only be used as an accent material on projecting and wall signs, such as for letters, logos and/or sign details.
         (b)   Neon lighting on projecting and wall signs shall not be illuminated during the daylight hours. When lit, neon lighting must be continuously illuminated. Flashing neon is prohibited.
         (c)   Neon lighting on projecting and wall signs shall not be combined with any reflective materials (such as mirrors, polished metal, highly-glazed tiles or other similar materials) that would cause glare and increase the spread of light.
         (d)   Neon tubes or LED-related neon tubes (flexible, “opaque,” or frosted) are allowed to accent windows in a commercial setting (i.e., a storefront window), but LED light strips are prohibited, especially if LED emitting diodes can be seen.
      (3)   LED light strips are prohibited to outline business signs, buildings, or building elements such as windows, doors, staircases, and etc.
      (4)   Any sign that uses illumination shall be turned off while the related business is not open to the public for regular distribution of goods or services.
      (5)   No sign illumination shall exceed one footcandle of illumination at the property line, except indirect lighting where permitted in accordance with this section.
   (E)   Landscaping. All ground signs must be landscaped at the base of the sign in accordance with the following:
      (1)   Landscaping must extend a minimum of one square foot for every one square foot of sign area. All landscaping must be maintained in good condition, and free and clear of rubbish and weeds. Landscaping around the base of a sign is included in the total amount of landscaping required on a site, if applicable.
      (2)   Ground signs (monument or pole) must be landscaped with small shrubs a minimum of 18 inches in height at planting. The remainder of the landscaped area must be planted with a mix of perennials, ornamental grasses, shrubs, groundcover and organic mulch.
   (F)   Items of information.
      (1)   All signs must limit the number of items of information on any single sign face to no more than six items to prevent traffic hazards for passing motorists and to minimize the cluttered appearance of signs.
      (2)   Each piece of information on a sign shall be defined as an item of information. For example, each of the following would be defined as one item of information: a telephone number, the name of the business, even if multiple words, or the business logo. If the sign advertises products or services, each product or service would be one item of information. The street number address of the business is not counted as an item of information.
      (3)   In the case of an electronic sign, the electronic portion of the sign counts as one item of information. Changeable copy signs, where the items of information are changed manually, are also counted as one item of information.
      (4)   All signs on a zoning lot must be related to goods and/or services sold or offered on the premises, with the exception of non-commercial or political signs.
      (5)   Ground signs for multi-tenant commercial buildings used to advertise which tenants are located within the development, are limited to one item of information per tenant within the development, in addition to the name and address of the development.
      (6)   Directory signs and hospital signs are exempt from the items of information limitation.
   (G)   Design criteria.
      (1)   The purpose of these design criteria is to establish a checklist of those items relative to signs that affect the physical aspect of the city’s environment. Pertinent to signs is the design of the sign, its scale and relationship to buildings and structures, plantings, street furniture and miscellaneous other objects.
      (2)   The following criteria are not intended to restrict imagination, innovation or variety, but rather to assist in focusing on design principles that can result in creative solutions that will develop a satisfactory visual appearance within the city, preserve property values and promote the public health, safety and welfare.
         (a)   Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and surroundings.
         (b)   Sign materials, size, color, lettering, location and arrangement shall be an integral part of site and building design.
         (c)   The colors, materials and lighting of every sign shall be restrained and harmonious.
         (d)   The number of graphic elements on a sign shall be held to the minimum needed to convey the sign’s major message and shall be composed in proportion to the area of the sign face. Text should be kept to a minimum.
         (e)   Lighting for signs shall be in harmony with the signs’ and the project’s design. If external lighting is used, it should be arranged so the light source is shielded from view.
         (f)   Sign supports and braces shall whenever possible be an integral part of the sign design. Necessary supports or braces shall whenever possible be hidden from public view.
(Prior Code, § 166.112) (Ord. 2014-040, passed 7-8-2014; Ord. 2023-030, passed 5-23-2023) Penalty, see § 165.999

§ 165.113 ESTABLISHMENT OF SIGN OVERLAY DISTRICTS.

   (A)   The following Sign Overlay Districts are established, and are mapped in division (C) below:
      (1)   Residential Sign Overlay District. The purpose of the Residential Sign Overlay District is to ensure proper regulation of signs common to residential areas for both limited non-residential uses that need to identify their location and services, and the variety of temporary and non-commercial signs residents may require, provided in a manner that is not contrary to the established predominant residential character of the district.
      (2)   Commercial Sign Overlay District. The purpose of the Commercial Sign Overlay District is to ensure that signs within these areas are able to balance the needs of commercial users located adjacent to or within residential neighborhoods to identify their premises and the goods and/or services sold on the premises without negative impact to the character of the surrounding residential neighborhoods.
      (3)   Uptown-Transit Oriented Development Sign Overlay District. The purpose of the Uptown Transit Oriented Development (U-TOD) Sign Overlay District is to ensure that signs within the Uptown central business district, Vermont Street Station area and Old Western Historic District are compatible in character and image and provide businesses with a number of alternatives for identifying their premises and the goods and/or services sold on the premises to pedestrian and automotive patrons.
      (4)   Industrial Sign Overlay District. The purpose of the Industrial Sign Overlay District is to ensure that signs provide an effective means of identifying their premises and the goods and/or services sold on the premises, as well as presenting a positive and coordinated appearance along the roadway. Signs within the industrial areas are to be primarily oriented toward the automobile.
   (B)   Hospital use. A hospital that falls within any of the Sign Overlay Districts established is subject to the regulations for a hospital, as defined in this subchapter, provided under § 165.117(H).
   (C)   Sign Overlay District location. 
(Prior Code, § 166.113) (Ord. 2014-040, passed 7-8-2014; Ord. 2021-062, passed 12-14-2021) Penalty, see § 165.999

§ 165.114 SIGNS ALLOWED WITHOUT A SIGN PERMIT.

   The following signs are allowed in all city sign overlay districts without a permit, subject to the requirements of this section and provided they are not directly illuminated, cause glare or cast light onto adjacent property. Such signs are not counted toward the applicable limits on the number or area of signs allowed on a site.
   (A)   Address and nameplate signs on all buildings, not exceeding four square feet in area.
   (B)   Directional signs, of up to six per zoning lot or business, with none exceeding six square feet in area. Commercial messages on each directional signs may comprise no more than 50% of the sign area.
   (C)   Multi-tenant developments are permitted one directory sign per building entrance that is open to the general public. Directory signs may not exceed 16 square feet in area and, if a ground sign, may not exceed six feet in height.
   (D)   Temporary signs, provided they are limited to one per lot or street frontage and removed upon completion of the activity identified on the sign:
      (1)   Identifying the location of garage or yard sale, not exceeding six square feet in area;
      (2)   Advertising property for sale, lease or rent, including open-house directional signs, not exceeding six square feet in area in residential zoning districts or 32 square feet area in nonresidential districts;
      (3)   Contractor, developer or construction- project identification signs, not exceeding 32 square feet in area, provided the sign is not larger than 12 square feet and such signs are removed promptly upon completion of the work;
      (4)   Artisan and trade signs of painters, tradespeople and other artisans may be erected and maintained during the period such persons are performing work, provided the sign is not larger than 12 square feet and such signs are removed promptly upon completion of the work;
      (5)   Political signs located on private property, limited to a maximum of 20 square feet in area;
      (6)   Temporary signs protecting private property or identifying property hazards;
      (7)   Seasonal signs and holiday decorations erected for periods of time not exceeding the customary duration of general celebration;
      (8)   Incidental signs, including but not limited to signs identifying a private driveway, “No Trespassing”, “Beware of Dog”, for example, are permitted provided that the size of any such sign is no larger than two square feet;
      (9)   Signs located on private property but not visible from any public right-of-way or public lands; and
      (10)   Signs no larger than four square feet not requiring a building permit or electrical permit and signs not legible from a distance of more than three feet beyond the property line of the development site or parcel on which the sign is located, except as otherwise regulated in this subchapter.
(Prior Code, § 166.114) (Ord. 2014-040, passed 7-8-2014)

§ 165.115 SIGNS IN RESIDENTIAL DISTRICTS.

   In addition to the requirements of this section, signs that are accessory to residential uses are subject to the regulations of § 165.109, which allows real estate (for sale/for rent) signs, home occupation signs and other signs typically associated with residential uses. Illumination of signs on residential lots in residential districts, by any means, exterior or internal is prohibited. All ground signs in residential districts must be set back at least 12 feet from any street right-of-way. Monument signs in residential areas should be decorative and blend in with the surrounding neighborhood, constructed of brick or masonry materials or of materials used on the exterior of the principal use on the lot.
(Prior Code, § 166.115) (Ord. 2014-040, passed 7-8-2014)

§ 165.116 SPECIFIC NONRESIDENTIAL USES.

   Nonresidential uses that are permitted by right in residential zoning districts are allowed one monument sign per street frontage, but no more than two monument signs are allowed if a property has three frontages or more. Monument signs shall not exceed 24 square feet in sign area and five feet in height. All monument signs must be set back at least six feet from any street right-of-way. Pole signs are prohibited for nonresidential uses in residential districts.
   (A)   Schools and places of worship. Signs at schools and places of worship may be erected and maintained in a residential district provided:
      (1)   Monument signs and wall signs are permitted;
      (2)   No more than one sign is permitted on such a site, except for properties located on a corner lot, in which case two such signs may be erected, one on each frontage;
      (3)   Pole signs are prohibited;
      (4)   The permitted sign area for each sign allowed is 24 square feet, except that the permitted sign area for wall signs made of individually pin-mounted letters is 32 square feet;
      (5)   Up to 35% of the permitted sign area of an institutional monument sign may be used for a manual changeable copy area or an electronic message board.
   (B)   Signs accessory to parking areas. Signage for parking areas for multi-family developments and nonresidential uses may be erected and maintained in a residential district provided:
      (1)   Signs designating entrances and exits must be no larger than four square feet in size; and
      (2)   One additional sign of up to nine square feet in area may be used to identify the parking area or designate the terms of use.
   (C)   Development signs. A sign announcing the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer, or other persons interested in such sale or development, may be erected and maintained, provided:
      (1)   Such a sign is no larger than 32 square feet;
      (2)   No more than one such sign is placed on a property, provided that on a corner lot, two such signs may be erected, one on each frontage; and
      (3)   Any such sign must be removed by the developer within 30 days of the final sale of property.
   (D)   Neighborhood or subdivision identification signs. Neighborhood and subdivision identification signs must be monument signs and must not exceed six feet in height and 32 square feet in sign area.
   (E)   Signs for nonresidential uses allowed by special use permit or planned development. Signs for nonresidential uses in residential districts that require special use approval must be established during the special use review and approval process. A master sign plan must be reviewed and approved as part of the special use approval process, as specified in § 165.123. Certain sign deviations may be granted via this process that deal with sign area, sign height or sign location on the property.
(Prior Code, § 166.116) (Ord. 2014-040, passed 7-8-2014; Ord. 2023-030, passed 5-23-2023) Penalty, see § 165.999

§ 165.117 SIGNS IN COMMERCIAL DISTRICTS.

   (A)   Permitted sign types. The following types of signs are permitted in the Commercial Sign Overlay District subject to the requirements of this subchapter:
      (1)   Wall signs, including individually mounted channel letter signs;
      (2)   Awnings and canopy signs;
      (3)   Window signs;
      (4)   Projecting signs, including hanging and blade signs;
      (5)   Monument and pole ground signs; and
      (6)   Temporary signs including sidewalk signs, banners and pennant flags pursuant to § 165.121(D).
   (B)   Wall signs.
      (1)   The maximum size of a wall sign in the Commercial Sign Overlay District is one square foot per lineal foot of zoning lot frontage to a maximum of 40 square feet in area.
      (2)   On a corner lot, the maximum size of a wall sign located on each building wall is one square foot per linear foot of zoning lot frontage as measured along the front or corner side lot line of that building wall. The size of a wall sign on each side of the building is limited to the square footage calculated on that side only. In no case can the square footage permitted for the building wall located along the front lot line and the square footage permitted for the building will located along the corner side lot line be combined to create a larger sign on a wall other than that permitted on each individual wall.
      (3)   Wall signs must be safely and securely attached to the building wall. Wall signs must be affixed flat against the building wall and must not project more than 12 inches from the building wall. No aesthetic sign elements may be affixed or painted directly on a building’s exterior facade. All signs must be mounted in such a way that they may be removed with minimal impact on the building’s exterior wall.
      (4)   Wall signs must be located on the sign band of the building immediately above the first floor window and below the second floor window sills in the case of a two-story building. No wall sign is permitted to rise above the second story sill line. On one-story buildings, the top of the sign must be no more than five feet above the top of the main display window on the first floor.
      (5)   No wall sign affixed to a building, including sign support structure, may project beyond the ends or top of the wall to which it is attached. On existing buildings, a parapet wall must not be constructed for the sole purpose of increasing the allowable height of a wall sign.
      (6)   For new buildings, when a sign is to be mounted on a parapet wall, that parapet wall must be consistent with the architectural design of the building, including building materials. Wall signs may not be attached to un-reinforced masonry parapets. Wall signs must not cover windows, doors or architectural elements.
      (7)   Individually lettered, pin-mounted wall signs may consist of channel, H-channel, reverse channel, cast metal and flat cut metal letters mounted above the storefront in the masonry sign band or suspended in front of the storefront at the transom or recessed entry. The size of the lettering is restricted so that the height of the letters does not exceed 80% of height of the sign band or 18 inches, whichever is less. The length of the lettering is to be contained within 80% of the length of the sign band.
      (8)   Gooseneck or reflector lighting fixtures are permitted on all wall signs provided the reflectors must concentrate the illumination upon the area of the sign face only.
      (9)   Within a multi-tenant commercial development, all wall signs must be located at a generally uniform height on the building wall.
   (C)   Awnings or canopy signs. Awnings that are an architectural feature of a structure and are not used for identifying the premises or the goods and/or services sold are not considered a sign. Awnings and canopies used as signs are subject to the following regulations.
      (1)   Non-illuminated awning signs or canopy signs may be substituted for allowed wall signs, provided that the total combined sign area of all wall signs and awning or canopy signs does not exceed 32 square feet.
      (2)   Where an awning sign is used as the primary sign on the premises, the maximum sign area permitted on an awning sign is equal to 1.25 square feet per one foot of awning length or 25% of the awning area, whichever is less. The total combined length all elements of the sign copy area may not exceed 75% of the awning or canopy length.
      (3)   No portion of an awning sign shall be less than eight feet above the level of the public sidewalk or thoroughfare over which it is erected.
      (4)   No awning sign shall be permitted to extend beyond any point that is less than five feet from the curb line.
      (5)   Awning signs shall be constructed out of canvas or canvas-like material, unless other material is approved by the Zoning Administrator. Back-lit, vinyl and metal awnings are prohibited.
      (6)   Awning signs shall be securely attached to and supported by a building. All frames and supports shall be made of metal or other similar rigid material.
      (7)   The valance of an awning sign shall not include any text or images other than the name of the business, the service offered by that business, and the house number (no street name). Such valance shall be no more than eight inches in height and any lettering printed on such valance shall be no more than six inches in height.
      (8)   In any district other than the Uptown-Transit Oriented Development (UTOD) District, in lieu of any wall sign, the name of the business or logo may be printed on the portion of the awning above the valance. Printing above the valance shall be limited to one awning, except in the case of a corner lot where one awning with printing above the valance shall be allowed on each street frontage. Such name or logo printed above the valance shall be limited.
      (9)   Awnings shall be compatible in material and construction to the style and character of the building. The color of the awning shall be compatible with the overall color scheme of the facade.
      (10)   When feasible, awnings shall be generally aligned with others nearby in order to maintain a sense of visual continuity.
   (D)   Window signs.
      (1)   Window signs affixed to the interior of a ground floor exterior window are permitted. Regulations for temporary window signs are located in § 165.121(B).
      (2)   Not more than 40% of a window area may be covered.
      (3)   Permanent window signs for businesses that are not located on the ground floor are permitted only for businesses located within the room situated behind the window on which such signs are located.
   (E)   Projecting signs (includes hanging and blade).
      (1)   One projecting sign is permitted per ground floor establishment with frontage on a public street. For a multi-tenant building, one additional projecting sign is permitted. The maximum sign area of a projecting sign is 24 square feet.
      (2)   The outer edge of a projecting sign must be set back a minimum of one foot from curb line of any street or alley.
      (3)   A projecting sign must be pinned away from the wall at least six inches and must not extend more than six and one-half feet from the face of the building to which it is attached, including the area between the sign and the face of the building.
      (4)   The top of a projecting sign may be no higher than 20 feet above the sidewalk or thoroughfare. No projecting sign affixed to a building may project higher than the building height, including the sign support structure.
      (5)   Projecting signs must have a minimum vertical clearance of eight feet, as measured by a line extending straight down from the bottom of the sign to the ground immediately below the sign.
      (6)   No projecting or hanging sign is permitted to be attached to a roof.
   (F)   Ground signs. One monument sign or pole sign is allowed per zoning lot, pursuant to the requirements of this chapter except as otherwise provided in this chapter.
      (1)   In the Commercial Overly District, the maximum allowable sign area of a monument sign is 48 square feet and the maximum sign area of a pole sign is 36 square feet. The maximum height of such a sign is ten feet.
      (2)   Ground signs associated with multi-tenant office or commercial developments must devote at least 40% of the total sign area to the name and address of the development. No more than four tenant panels are permitted per sign face. Tenant panels may be used for the display of leasing information pertaining to the development.
      (3)   In addition to a ground sign, drive-through establishments are allowed one menu board sign with a maximum area of 32 square feet, maximum height of six feet.
      (4)   Poles or pylons used to support pole signs must be constructed of a material or covered or concealed by a decorative cover. The cover must be that architecturally compatible with the overall design of the sign and the architectural character of buildings on the site, in terms of style, colors and materials.
      (5)   All ground signs must be landscaped in accordance with § 165.112(E).
   (G)   Electronic message boards. Electronic message boards may be allowed as a special use in the Commercial Sign Overlay District under the following conditions. A master sign plan must be reviewed and approved as part of the special use approval process.
      (1)   A maximum of one electronic message board sign is permitted per zoning lot. An electronic message board must not exceed 35% of the total permitted sign area for the lot. Electronic message boards are allowed only on single-user lots. A minimum 300 feet of lot frontage is required. A minimum of 500 feet is required between electronic message board signs.
      (2)   All illumination must be consistent in color. The message must not flash, scroll or scintillate. Illumination representing movement is prohibited. Each message must be displayed for a minimum of five seconds.
      (3)   The owner of an electronic message board that was granted permit approval prior to the adoption of this subchapter will be permitted to repair the sign provided the repaired sign does not exceed the size, number and operation requirements of this section.
   (H)   Signs for hospital use. Signs for a hospital use as shall comply with the above regulations for the Commercial Overlay District and this subchapter, except for directional signs (permanent) as follows:
      (1)   Such signs may designate hospital entrances, parking, walkways, emergency room locations and other hospital-related facilities, as well as entrances or exits, by means of symbols or words. There is no limitation on the items of information.
      (2)   Each driveway access from a public street is permitted one directional sign.
      (3)   Each intersection of drives within a site is permitted one sign to identify traffic routing, entrances and services, such as drive-in lanes. Additional directional signs may be permitted subject to Zoning Administrator approval.
      (4)   Directional signs shall be located entirely on the property to which they pertain. Directional signs shall not project beyond the property line.
      (5)   Directional signs may have a maximum height of 12 feet and a maximum surface area of 50 square feet.
      (6)   Directional signs may be illuminated.
(Prior Code, § 166.117) (Ord. 2014-040, passed 7-8-2014; Ord. 2023-030, passed 5-23-2023) Penalty, see § 165.999

§ 165.119 SIGNS IN INDUSTRIAL DISTRICTS.

   Any sign located the Industrial Sign Overlay District that is placed within 100 feet of a residential zoning district and is visible from that residential zoning district is subject to the Commercial Sign Overlay District regulations of § 165.117. Other signs in the Industrial Overlay District are subject to the following standards.
   (A)   Wall signs. In the Industrial Sign Overlay District, one wall sign is permitted per zoning lot frontage. The maximum size of such wall sign is 50 square feet, plus one square foot for each foot of building wall frontage in excess of 50 feet.
   (B)   Ground signs. In the Industrial Sign Overlay District, one monument or pole ground sign is permitted per zoning lot. The maximum sign area of such sign is 50 square feet, plus one square foot for each two feet of street frontage in excess of 100 feet to a maximum of 72 square feet. The maximum height of such a sign is 15 feet.
   (C)   Projecting signs. In the Industrial Overlay Districts, a projecting sign may be used in lieu of a ground sign.
      (1)   The maximum sign area of a projecting sign is 16 square feet plus one square foot for each three feet of building frontage in excess of 50 feet, to a maximum of 32 square feet of sign area.
      (2)   The outer edge of a projecting sign must be set back a minimum of two feet from curb line of any street or alley.
      (3)   A projecting sign must be pinned away from the wall at least six inches and must not extend more than six and one-half feet from the face of the building to which it is attached, including the area between the sign and the face of the building.
      (4)   The top of a projecting sign may be no higher than 20 feet above the sidewalk or thoroughfare. No projecting sign affixed to a building may project higher than the building height, including the sign support structure.
      (5)   Projecting signs must have a minimum vertical clearance of eight feet, as measured by a line extending straight down from the bottom of the sign to the ground immediately below the sign.
      (6)   No projecting or hanging sign is permitted to be attached to a roof.
(Prior Code, § 166.119) (Ord. 2014-040, passed 7-8-2014) Penalty, see § 165.999

§ 165.120 BILLBOARDS (ADVERTISING SIGNS, OFF-PREMISES SIGNS).

   (A)   Billboards (also known as outdoor advertising signs or off-premises signs) which advertise products, commercial or public service activities, not related to the occupancy and use of the premises, may be permitted as a special use in the Industrial Sign Overlay District, only along Interstate 57, and must conform to the requirements of this section. (Billboards are limited to industrial zones by Ord. 2329, adopted 4-13-1976.)
    (B)   Billboards are not permitted in any Residential, Commercial or U-TOD Sign Overlay District. Existing non-conforming billboards shall not be converted to LED, electronic, or other similar displays. Billboards in the Industrial Sign Overlay District changing their display or construction must conform to the requirements of this subchapter.
      (1)   Relationship to other laws.
         (a)   If a billboard site is adjacent to a federal-aid primary or interstate highway, a copy of a valid Illinois Department of Transportation sign permit must accompany the city permit application.
         (b)   Whenever an applicant for a permit does not own the proposed site, a fully executed site lease or other proof of consent to erect and maintain a billboard on the site must accompany the special use permit application.
      (2)   Height and clearance. Billboards must be freestanding. The maximum height of a billboard is 50 feet with a minimum vertical clearance of eight feet from ground at the base of the sign structure to the bottom of the sign board perimeter or casing.
      (3)   Number. Where a sign or billboard has two or more faces, the area of all faces in total must be included in determining the area of the sign, except that as follows.
         (a)   Where two such faces are placed parallel back to back and are at no point more than two feet from one another, the area of the sign will be measured as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.
         (b)   Where two such faces are placed together creating a V shape with an angle no greater than 25 degrees, the area of the sign will be measured as the area of one face if the two faces are of equal area or as the area of the larger face if the two faces are of unequal area. Where two such faces are placed together creating a V shape with an angle greater than 25 degrees, the area of the sign will be measured as the total area of the two sign faces.
      (4)   Area and dimensions. The maximum permitted sign area of a billboard is determined by the type of road from which the owner or lessee intends it to be viewed and readable. The maximum permitted sign area for billboards adjacent to roadways in the city is as follows:
         (a)   Interstate 57: maximum area is 672 square feet.
      (5)   Illumination of billboards. The light from any illuminated billboard must be directed or shielded in a manner that minimizes to the maximum extent possible light trespass onto adjoining residential districts. Billboards shall not utilize changeable digital displays.
         (a)   Top- or bottom-mounted light fixtures are allowed on billboards provided at least 90% of the illumination is of the sign face.
         (b)   The source of illumination must not be directly visible from any right-of-way or adjoining property.
         (c)   Billboards are prohibited from having any flashing lights or animation in adherence to federal highway standards.
      (6)   Spacing and placement of billboards.
         (a)   Billboards must not be erected within 500 feet of any existing billboard on either side of the highway, roadway or street. Spacing of billboards will be measured by the minimum distance between outdoor advertising billboard structures measured along the nearest edge of the pavement between points directly opposite the billboards along each side of the highway and will apply to outdoor advertising billboard structures located on both sides of the highway involved.
         (b)   Billboards must be located a minimum of 200 feet from residential districts.
         (c)   All billboards must be located a minimum of 200 feet from any public park or outdoor recreation area.
         (d)   All billboards must be located at least 20 feet from any property line.
(Prior Code, § 166.120) (Ord. 2014-040, passed 7-8-2014; Ord. 2023-030, passed 5-23-2023) Penalty, see § 165.999

§ 165.121 TEMPORARY SIGNS.

   (A)   Sidewalk signs. Freestanding, A-frame or sandwich board signs are allowed in the public way in Commercial and U-TOD Districts pursuant to the applicable measurement, construction and design standards of § 165.112 and this section:
      (1)   Limited to six square feet in area and four feet in height;
      (2)   On display during business hours only. Signs must be stored indoors at all other times;
      (3)   Kept inside and out of use when high winds or heavy snow conditions exist;
      (4)   Limited to one such sign per business and separated by at least 20 feet from any other sign of the same type;
      (5)   Placed within 15 feet of the primary entrance of the business, and must not interfere with pedestrian traffic or violate standards of accessibility as required by the ADA or other accessibility codes; and
      (6)   Placed so as to maintain a five-foot sidewalk clearance at all times.
   (B)   Temporary window signs. Window signs which are, in the opinion of the Zoning Administrator, substantially tattered, discolored, frayed, ripped or otherwise in a state of visible disrepair are prohibited and must be removed.
   (C)   Temporary banner signs. The following regulations shall apply to banner signs that are displayed in the Commercial, U-TOD or Industrial Sign Overlay Districts.
      (1)   A permit is required for all banners in nonresidential zoning districts and must be obtained prior to locating, erecting or displaying any.
      (2)   Banner signs may only be displayed for a period of time not to exceed 15 consecutive days. Banner signs can be no larger than 24 square feet in size.
      (3)   Banner signs may only be displayed by a commercial establishment or business entity on two occasions in any single calendar year. The display shall be for a period not to exceed 15 days.
      (4)   A minimum 30-day period of time between separate displays of a banner sign or signs by any commercial establishment or business entity shall apply.
      (5)   Displays of banner signs shall only be permitted for the purpose of advertising grand openings by new businesses or sales of commodities or services by existing businesses.
      (6)   Banner signs may not be displayed as replacements for permanent signs.
   (D)   Temporary pennant flags. Pennant flags are permitted in nonresidential sign overlay districts and must comply with the following standards.
      (1)   A permit is required for all pennant flags in nonresidential zoning districts and must be obtained prior to locating, erecting or displaying any.
      (2)   
Pennant flags may only be displayed by a commercial establishment or business entity on two occasions in any single calendar year. The display shall be for a period not to exceed 15 days.
      (3)   A temporary sign permit is required for each 15-day period, and each 15-day period must not be consecutive to each other.
(Prior Code, § 166.121) (Ord. 2014-040, passed 7-8-2014; Ord. 2023-030, passed 5-23-2023) Penalty, see § 165.999

§ 165.122 SIGN PERMITS.

   (A)   Applicability. No sign, except those identified as exempt or as allowed without a permit (but still subject to the provisions of this subchapter), is allowed to be erected, constructed, altered or relocated without first obtaining a sign permit.
   (B)   Authority and execution. The Zoning Administrator is responsible for determining compliance with this subchapter, and the Building and Zoning Department is responsible for issuing a sign permit.
   (C)   Permit issuance.
      (1)   Upon the filing of an application with the Building and Zoning Department for a sign permit to erect, alter or relocate a sign, the Building Commissioner or his or her designee will determine whether the application is complete. If necessary, the Commissioner will notify the applicant of any deficiencies, and will not process the application until the deficiencies are remedied. Once the application is determined to be complete, it will be received, logged in and forwarded to the Zoning Administrator.
      (2)   Upon receipt of a complete application, the Zoning Administrator will examine the plans and specifications, and the premises upon which the proposed sign is to be erected to ensure compliance with the requirements of the city’s Building Code and all other applicable ordinances of the city. The Building and Zoning Department will issue a sign permit if the structure complies with the requirements of this subchapter, as determined by the Zoning Administrator, and all other ordinances of the city.
   (D)   Approval of electric signs. The application for an electrical permit for the erection of a sign in which electrical wiring and connections are to be used must be submitted to the Building and Zoning Department, who shall forward the specifications regarding all wiring and connections to the Building Commissioner, or his or her designee. The Building Commissioner will examine the plans and specifications to determine compliance with the Electrical Code of the city as a condition of granting the sign permit.
   (E)   Inspection. The Building Commissioner may inspect, at such times as deemed appropriate, signs regulated by this subchapter. The purpose of the inspection is to ascertain whether the structure is secure or not secure, whether in need of repair or removal, or in conformance with the permit application and the provisions of this subchapter.
   (F)   Revocation of permit. All rights and privileges acquired under the provisions of this section are licenses revocable at any time by the City Council. Upon the termination or revocation of the sign permit, the licensee must remove the sign or other sign structure without cost or expense to the city. In the event of the failure, neglect or refusal on the part of the licensee to do so, the city will remove the sign and charge the expense to the licensee.
   (G)   Void. If the work authorized under a sign permit is not completed within 180 days after the date of issuance, the permit becomes null and void.
(Prior Code, § 166.122) (Ord. 2014-040, passed 7-8-2014) Penalty, see § 165.999

§ 165.123 MASTER SIGN PLAN.

   The purpose of a master sign plan is to coordinate signs on commercial developments, and create a plan that establishes a building or site’s overall sign design, which then provides direction to future tenants.
   (A)   Applicability. For any new commercial development where multiple signs are varying types are being proposed, the applicant must submit a master sign plan for review and approval by the Zoning Administrator.
   (B)   Required information. A master sign plan must include, at a minimum, criteria and specifications for general appearance, location, lighting and approved construction materials including:
      (1)   The type, number, location, materials, colors and dimensions of all signs proposed for the development;
      (2)   A description and visual illustration of the proposed signs that demonstrates a consistent pattern of signage planned for the development;
      (3)   All signs within the development must have at least three of the following design elements in common:
         (a)   Colors on the background or text;
         (b)   Lettering style;
         (c)   Size (such as, a height or wall location common to each sign); or
         (d)   Building and sign materials.
      (4)   All sign casings, trim caps, returns and all sign supports such as poles and braces must be of a common color.
(Prior Code, § 166.123) (Ord. 2014-040, passed 7-8-2014) Penalty, see § 165.999

§ 165.124 HISTORIC SIGNS.

   The city has several historic signs in its commercial areas that serve as important visual markers which residents and visitors closely identify with an existing or former business or civic entity or a period of time in the city. Many such signs were erected or painted under a previous code and may not conform to the height, shape, type and sign area requirements of this chapter nor to the non-conforming and obsolete signs provisions of this chapter.
   (A)   Purpose. The intent of this section is to permit historic signs to be kept in place and be maintained to ensure their continued display for as long as possible and to be exempt from any provisions of this chapter that would require that such a sign be removed or significantly altered.
   (B)   Required characteristics of a historic sign. To be eligible for classification as a historic sign in the city, a sign must:
      (1)   Have been lawfully erected prior to June 28,1971 and has been continuously maintained in the same location since that date;
      (2)   Is attached to or painted on a significant historic building or landmark, and has come to be identified with that building or landmark, whether or not it is original to it;
      (3)   Is located on a site that has been continuously operated for the same business use since June 28,1971 or earlier;
      (4)   Is of a unique shape or type of design representative of its era;
      (5)   Is a ghost sign; or
      (6)   Identifies a building or business that is associated with a family, business or organization that was noteworthy in the history of the city community.
   (C)   Procedure.
      (1)   The owner of a property on which an historic sign is located may submit a request to the Building and Zoning Department to have such sign classified as historic for the purposes of this subchapter. The Building and Zoning Department will review such a request and refer it to the Historic Preservation Commission. The Historic Preservation Commission will review the property owner’s request and make a recommendation to the City Council that such sign should be classified as historic and thus exempt from the requirements of this chapter.
      (2)   The Historic Preservation Commission may also initiate a review of a historic sign and make its own direct recommendation to the City Council that such sign should be classified as historic and thus exempt from the requirements of this chapter.
(Prior Code, § 166.124) (Ord. 2014-040, passed 7-8-2014) Penalty, see § 165.999

§ 165.125 OBSOLETE SIGNS.

   Any sign, whether existing on or erected after the effective date of this subchapter, which identifies a business no longer being conducted or a product no longer being sold in or from must be taken down and removed by the owner or agent of the building, structure or premises upon which such sign is found. Removal must be effected within 20 days after written notice from the Building and Zoning Department. If such a sign is not removed after such 20-day period, the Building and Zoning Department is authorized to have the sign removed. Any reasonable cost incident thereto will be filed as a lien against the property where the sign was located.
(Prior Code, § 166.125) (Ord. 2014-040, passed 7-8-2014) Penalty, see § 165.999

§ 165.126 UNSAFE SIGNS.

   When any sign becomes insecure, in danger of falling, or otherwise unsafe, or if any sign is found to be unlawfully installed, erected or maintained in violation of any of the provisions of this subchapter or any other law enacted by the city, the owner thereof or the person or firm maintaining same, must, upon written notice of the Building and Zoning Department, forthwith in the case of immediate danger, and in any case within no more than ten days, make such sign conform to the provisions of this subchapter or remove it.
(Prior Code, § 166.126) (Ord. 2014-040, passed 7-8-2014) Penalty, see § 165.999

§ 165.127 NON-CONFORMING SIGNS.

   All signs not in conformance with this section must comply with the provisions of this section.
   (A)   Any sign lawfully existing or under construction from or before the effective date of this subchapter that does not conform to one or more of the provisions of this section may be continued in operation and maintained indefinitely as a non- conforming sign, subject to compliance with this section. A sign shall be deemed to lawfully exist when the consent, license or permit to erect the sign can be proven or verified.
   (B)   As an incentive to encourage the removal of non-conforming signs, the City Council, after review and recommendation by the Planning and Zoning Board of Appeals, is expressly authorized to waive sign permit fees and special use permit application fees and approve special use permit requests for replacement signs. In deciding such requests, the Planning and Zoning Board of Appeals must consider whether the public benefit derived from removal and replacement will be generally proportionate to the fee waiver and/or deviation requested. The Planning and Zoning Board of Appeals is also authorized to approve minor exception requests for replacement signs if the Committee determines that the public benefit derived from removal and replacement will be generally proportionate to the exception requested.
   (C)   Routine maintenance of non-conforming signs is allowed, including changing of copy, necessary non-structural repairs, and incidental alterations that do not expand, extend or enlarge the non-conforming features of the sign. However, no structural alteration, enlargement, or expansion may be made to a non-conforming sign unless the alteration, enlargement, or expansion will result in the elimination of the non-conforming features of the sign.
   (D)   A non-conforming sign and its associated sign structure must be removed or modified to comply with these regulations if the sign or sign structure is demolished or destroyed to an extent exceeding 50% of its replacement cost. A non-conforming sign or sign structure subject to removal under this division (D) must be removed by the owner of the sign or the owner or lessee of the property. If the owner or lessee fails to remove the sign, the Zoning Administrator must give the owner/lessee written notice of the requirements of this division (D) and the sign must be removed within 30 days of such notice.
(Prior Code, § 166.127) (Ord. 2014-040, passed 7-8-2014; Ord. 2021-043, passed 9-14-2021) Penalty, see § 165.999

§ 165.128 SIGN MAINTENANCE.

   (A)   All signs must be adequately maintained in good appearance and repair.
   (B)   Painted signs will be considered in need of refinishing if:
      (1)   Twenty percent or more of the surface is missing or shows evidence of peeling, checking, cracking or blistering of the paint;
      (2)   Twenty percent or more of the surface shows evidence of mildew; or
      (3)   The colors used have faded appreciably and the surface sheen is gone.
   (C)   All sign framing and support structures must be adequately maintained to keep them in a state of good appearance and repair.
   (D)   Illuminated signs will be considered in need of repair if 20% or more of the light bulbs are not fully illuminated, or if 20% or more of the surface area of an internally illuminated sign is not illuminated.
(Prior Code, § 166.128) (Ord. 2014-040, passed 7-8-2014) Penalty, see § 165.999

§ 165.129 SIGN VARIATIONS.

   The Planning and Zoning Board of Appeals shall hear and make recommendations to the City Council with regard to requests for variations from the city sign ordinance.
   (A)   Determination of need for a variation. It shall be the duty of the Zoning Administrator, after an application for any sign permit, to advise the applicant whether under the provisions of this subchapter, a sign variation is required.
   (B)   Preliminary conference.
      (1)   Any applicant for a sign permit that requires a variance may file a written request for a preliminary conference with the Planning and Zoning Board of Appeals. At the conference, the Planning and Zoning Board of Appeals shall give consideration to preliminary exterior drawings, sketches or photographic examples, landscape and site plans and materials on a specific project, and shall provide the applicant with guidance in the development of a plan which would be consistent with the requirements and purposes of this subchapter.
      (2)   Notice of this preliminary meeting shall be provided to tenants within 250 feet of the subject property. Notice will be by mail and shall be given no more than 30 days nor less than 15 days before the meeting. Such notice shall include the time and place of the hearing, a general description of the contents of the request to be heard, and the address or location of the property to which the request applies.
   (C)   Procedure.
      (1)   An applicant for a sign permit that requires a variation shall apply to the Planning and Zoning Board of Appeals for such variation and shall submit all items as required in division (C)(3) below. Upon receipt of such application, the Planning and Zoning Board of Appeals shall schedule a meeting where the applicant shall be given an opportunity to make a presentation and all interested parties shall be given the opportunity to comment.
      (2)   Notice of public hearings on requests for variances shall be given no more than 30 days nor less than 15 days before the hearing by publication in a newspaper of general circulation in the city. Such notice shall include the time and place of the hearing, a general description of the contents of the request to be heard, and the address or location of the property to which the request applies. The published notice may be supplemented by such additional form of notice as provided by rule of the hearing body.
      (3)   At the time of the public hearing, the applicant shall provide the Board with the following documents depicting exterior design features:
         (a)   Drawings which shall include plans, elevations and site plans;
         (b)   Landscaping and screening plans (when appropriate);
         (c)   Renderings and specifications for signs;
         (d)   A statement as to kind, color and texture of materials; and
         (e)   All documents shall be drawn to scale.
      (4)   Based upon the findings of fact in division (D) below, the Planning and Zoning Board of Appeals shall make its recommendation to the Mayor and Aldermen of the city within 30 days of the conclusion of the hearing. The concurring vote of a majority of the members of the City Council shall be necessary to grant a variance. The order of the City Council shall be by written resolution and contain its findings of fact.
      (5)   Upon the granting of a variation by the City Council, the exterior drawings, sketches, landscape and site plans, renderings and materials upon which the variance was granted shall be turned over to the Zoning Administrator whose responsibility it shall be to determine that, upon completion, there have been no deviations from the approval regarding sign design, aesthetics or regulations contained within this subchapter.
      (6)   The Building and Zoning Department will be responsible for inspecting the built sign plans and built sign to ensure that it does not deviate from this and other city codes related to structural, electrical and any other regulations contained in this subchapter or other city codes. Such deviations shall constitute a violation of this subchapter, in which event the Zoning Administrator or Building and Zoning Department may stop work on the project in the same manner as for a violation of the city code. Work may not be resumed until such deviations are corrected.
      (7)   It shall be the duty of the person to whom a variation has been granted to comply with the requirements and/or conditions of the variation and to obtain such inspections as are necessary to assure compliance. The Building Official shall give notice to said person of any deficiencies found to exist. Failure to correct any deficiencies within ten days after receipt of notification of such deficiency shall constitute a violation of this subchapter.
   (D)   Findings of fact. After hearing and considering the materials presented, the Planning and Zoning Board of Appeals shall recommend a variation if it finds that:
      (1)   The applicant’s plans are substantially consistent with the design criteria of this subchapter;
      (2)   The proposed exterior design features of the sign are suitable and compatible with the character of neighboring buildings and structures existing or under construction and with the character of the neighborhood and the applicable zoning district, and enhance the environment of the city;
      (3)   The exterior design features of the sign will not be detrimental to the harmonious and orderly growth of the city; or
      (4)   The exterior design features of the sign will not cause a substantial depreciation in the property values in the neighborhood.
   (E)   Validity and extension of time.
      (1)   No order granting a variation shall be valid longer than 12 months from the date the approval was granted unless an application for building permit is filed within such period or the use is commenced within such period.
      (2)   The City Council may grant one additional extension of time not exceeding 12 months, upon written application made within the initial 12- month period, without further notice or hearing. The right to so extend said time shall not include the right to grant additional relief by expanding the scope of the variation.
   (G)   Amendments to approved variations. Amendments to a variation may be obtained by application in the same manner as provided for an original variation.
(Prior Code, § 166.129) (Ord. 2014-040, passed 7-8-2014; Ord. 2021-043, passed 9-14-2021) Penalty, see § 165.999

§ 165.130 ENFORCEMENT.

   Any violation or attempted violation of this subchapter of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to city codes and state law.
   (A)   The Building Official, Building and Zoning Department Inspectors and Code Enforcement Officers for the city are authorized to inspect all signs and to issue notices of violations and a summons to appear at a hearing conducted pursuant to the provisions of the local ordinance court of the city. The official issuing the notice of violation and summons shall photograph the violation as proof thereof and preserve said photograph for the hearing.
   (B)   In the event that any person, business, commercial or industrial establishment fails to pay any fine imposed, after a hearing and conviction for a violation of this subchapter, within 30 days of the date of the imposition of the fine, the business registration and license for the establishment shall be immediately suspended until payment is made.
   (C)   (1)   In the event the licensee of any business or commercial establishment is convicted of three or more violations of this subchapter for violations occurring within any 90-day period, the licensee of the establishment shall be required to appear before the Planning and Zoning Board of Appeals for a hearing to show cause why the business registration and license should not be suspended or revoked. After such hearing the Planning and Zoning Board of Appeals may recommend to the Mayor and Aldermen of the city suspension or revocation the license.
      (2)   If the City Council finds sufficient cause to suspend or revoke the establishment’s business registration and license, the establishment shall cease operations for the period specified by the City Council.
(Prior Code, § 166.130) (Ord. 2014-040, passed 7-8-2014; Ord. 2021-043, passed 9-14-2021) Penalty, see § 165.999

§ 165.131 PERMIT FEES.

   The city shall establish a schedule of fees, charges and expenses for permits for any inspection, construction, alteration, repair, demolition or removal of any sign regulated by this subchapter. Fees shall be paid to the city at the time application for permit is made. The schedule of fees shall be posted in the office of the City Clerk and may be altered or amended from time to time by the Mayor and City Clerk.
(Prior Code, § 166.131) (Ord. 2014-040, passed 7-8-2014)

§ 165.999 PENALTY.

   (A)   Any person, firm or corporation who violates, disobeys or fails to comply with any provision of this chapter shall be fined not less than $100, nor more than $750, for each offense. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
   (B)   Any person, business, commercial or industrial establishment found to be in violation of §§ 165.105 through 165.131 after a hearing conducted pursuant, the local ordinance court shall, upon such a finding, be subject to a fine of not less than $50 nor more than $750 at the discretion of the Hearing Officer. Each day that a violation continues after the day notice of the violation and summons have been served in accordance with the terms and provisions hereof shall be deemed a separate offense subject to a separate fine.
(Prior Code, § 166.199) (Ord. 2151, passed 6-28-1971; Ord. 2482, passed 10-9-1979; Ord. 98-196, passed 2-24-1998; Ord. 2014-040, passed 7-8-2014)