A.

Purpose. The purpose and intent of this chapter is to establish comprehensive regulations for the control of graphics and signs in order to preserve, protect and promote the public health, safety, and welfare; to eliminate pedestrian and vehicular traffic hazards; and to enhance the economic vitality and appeal of this community. More specifically, this chapter is intended to achieve the following objectives:

1.

To authorize the use of graphics which are:

a.

Compatible with their surroundings and the zoning district in which they are located;

b.

Expressive of the image this municipality is striving to encourage;

c.

Appropriate to the type of establishment or activity to which they pertain; and

d.

Legible in the circumstance in which they are seen.

2.

To promote an attractive urban environment which will enhance the City's economic potential by promoting the reasonable, orderly and effective display of graphics;

3.

To protect and improve the appearance and orderliness of major trafficways and views therefrom, reducing traffic hazards, and enhancing the image of Collinsville derived by residents, businesspersons, commuters and visitors;

4.

To enhance the physical appearance of the City by preserving the scenic and natural beauty of the area;

5.

To encourage graphics which are in scale and harmony with surrounding uses, which are visually subordinate to the on-site and nearby buildings, which themselves are well-designed, and which have good spacing and design relationships to other graphics;

6.

To preserve the value of private property by assuring the compatibility of graphics with surrounding land uses;

7.

To protect the physical and mental well-being of the general public by recognizing and encouraging a sense of appreciation for the visual environment; and

8.

To protect the health, safety and welfare of the people.

B.

Applicability. This chapter shall apply to all property within the corporate limits of the City of Collinsville, except for the areas within six hundred sixty (660) feet of the nearest edge of the right-of-way of federal interstate highways, which are regulated by the State Highway Advertising Control Act, 225 ILCS 440/1 through 440/16 and as it may hereafter be amended. For purposes of clarification, primary highways are not exempted from regulation under this chapter, even though the State Highway Advertising Control Act also regulates advertising adjacent to such highways.

C.

Interpretation. Every provision of this chapter shall be construed liberally in favor of the City and every requirement imposed herein shall be deemed minimal. Whenever the requirements of this chapter differ from the requirements of any other lawfully-adopted ordinance or regulation, the more stringent requirement shall prevail.

(Ord. No. 4349, § 3(1000.0), 7-26-2010)

The purpose of these provisions is to promote consistency and precision in the interpretation of the graphics ordinance. As used in this chapter the following terms shall have the meanings indicated below:

Abandoned sign or graphic means a sign or graphic which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.

Administrator means the Director of Community Development, or his designee.

A-frame graphic (sandwich board sign) means a freestanding sign ordinarily in the shape of an "A" or some variation thereof, which is readily moveable and not permanently attached to the ground or any structure. See also T-frame graphics.

Air activated graphics means a sign, all or any part of, which is designed to be moved by action of forced air so as to make the sign appear to be animated or otherwise have motion.

Alter means to change the size, shape, color, face, height or other similar characteristics of a graphic.

Amortization means the elimination of nonconforming graphics over time in accordance with the schedule set forth in this chapter.

Animated sign means a sign having action, motion, movement, changeable copy, or flashing color changes that are activated by electrical energy, electronic energy or other manufactured sources of energy supply, but not including wind-activated movement such as in flags, banners or pennants, or mechanical movement signs. Animated signs include grids of flashing lights or mechanical elements in patterns that give the perception of movement, as in chasing lights or programmable displays. For purposes of this chapter, an animated sign shall not be considered a mechanical movement sign if the only mechanical movement in the sign relates to the movement of grids to produce programmable displays.

Appeal means a procedure whereby any person aggrieved by any decision or order of the administrator in any matter related to the interpretation or enforcement of this chapter may seek relief from the Planning Commission.

Area means the total square footage of the entire sign surface but excluding the supporting structure. If a sign is attached to a building or suspended in any manner whereby there is no apparent trim or confining border, the area shall be the total square footage of the smallest rectangle that will enclose all letters, words, numbers, pictures, designs, sketches, and symbols only.

Awning means any structure made of cloth, metal, or other material attached to a building when the same is so erected as to permit its being raised or retracted to a position against the building when not in use.

Balloon graphic (inflatable devices) means a temporary sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure and equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are restrained, attached, or held in place by a cord, rope, cable, or similar method. This definition excludes inflatable recreational type devices such as slides, fun houses or mazes and other similar devices. See also the definition for air-activated graphics.

Banner graphic means a temporary sign composed of cloth, canvas, plastic, fabric, or similar lightweight, nonrigid material that can be mounted to a structure with cord, rope, cable, or similar method or that may be supported by stakes in the ground.

Billboard. See "off-premises graphic".

Blade graphics (feather signs, teardrop signs, and flag signs) means a temporary graphic constructed of cloth, canvas, plastic fabric or similar lightweight, nonrigid material and supported by a single vertical pole mounted into the ground or on a portable structure.

Building face or wall means all window and wall area of a building in one (1) plane or elevation. Building face shall not include shingled or other roofing area.

Canopy means a structure, similar to an awning, made of cloth, metal or other material with frames attached to a building, and carried by a frame supported by the ground or sidewalks.

Changeable copy sign means a sign which has the provision for changing the letters or characters either manually or electronically.

Establishment means either of the following:

1.

An institutional, business, commercial, or industrial activity that is the sole occupant of one (1) or more buildings, or

2.

An institutional, business, commercial, or industrial activity that occupies a portion of a building such that:

a.

The activity is a logical and separate entity from the other activities within the building and not a department of the whole, and

b.

The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.

Exempt graphics means graphics not subject to the provisions of this chapter as per Subsection 17.190.040.B.

Flashing illumination graphics means illumination of a graphic wherein such illumination is not maintained constant in intensity, color and pattern during all times the graphic is activated.

Flush-mounted graphics means any graphic attached to, erected against, or painted on a wall of a building or structure with the exposed face of the graphic in a plane approximately parallel to the plane of the wall and not projecting more than eighteen (18) inches from the closest point of the wall and not extending more than three (3) feet above the building or structure roof line.

Freestanding graphics means a graphic supported by one (1) or more uprights, poles or braces placed in or upon the ground.

Frontage means the linear extent of the lot abutting a street or public roadway, except shopping center frontage which is further defined.

Gasoline and oil service stations means any business which dispenses, or is designed to dispense, gasoline and/or oil for use in motor vehicles or boats, e.g., automobile and truck service stations, convenience stores with gasoline pumps.

Graphic means any identification or advertising sign visible from the public right-of-way or from any parking area used by the general public.

Graphics for use for a limited period of time means any graphic, displayed for use for a limited period of time.

Historic sign status means a sign or graphic, which in the opinion of a majority of the Planning Commission, has significant historic significance.

Marquee means any basically horizontal awning-like structure of permanent construction projecting from the wall of a building.

Message means a communication of identification or advertising information visually perceived, which may consist of words, abbreviations, numbers, symbols, pictures, geometric shapes, etc.

Mobile/portable graphic is a term commonly used to mean any graphic not designed to be permanently attached to a building or anchored to the ground, and designed to be moved from place to place. Such graphics primarily include, but are 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. This definition shall not include mobile/portable graphics less than six (6) square feet in area; however, mobile/portable graphics less than six (6) square feet in area shall be considered freestanding graphics and thus are regulated by Subsections 17.190.040.D.5. and 6.

Nonconforming graphics means any graphics which existed on the effective date of this chapter (or amendment thereto), but which does not comply with the regulations set forth herein.

Off-premises graphic means a sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located.

Pennant graphic means a triangular or irregular piece of fabric or other material, whether or not containing a message of any kind, commonly attached by strings or strands, or supported on small poles, intended to flap in the wind.

Projecting graphics means any graphics, other than a flush-mounted graphic, which is supported by any exterior wall of a building or suspended beneath any awning, canopy or marquee with the exposed face of said graphic in a plane approximately perpendicular to the plane of the wall and projecting more than eighteen (18) inches and no more than three (3) feet from the wall of a building to which it is attached.

Roof means any part of the outside top covering of a building, including any eave or other extension of the covering beyond the wall.

Roofline means the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette, or the side of the building where the graphic is located.

Roof-mounted graphic means any graphic erected, maintained or displayed on the roof of any building or structure.

Shopping/office center means any building or group of buildings that is under single ownership or control that provides common off-street parking facilities and that is occupied by two (2) or more retail sales and/or nonretail office establishments.

Shopping/office center identification frontage means lineal frontage of the development abutting a street or public roadway.

Shopping/office center identification sign means any sign identifying a building or group of buildings that is under single ownership or control that provides common off-street parking facilities and that is occupied by two (2) or more retail sales and/or nonretail office establishments.

Shopping/officer center outlot means a portion of the original shopping/office center tract sold or otherwise conveyed off to a separately-owned or controlled entity.

Shopping/office center outlot frontage means the width of the outlot that faces the shopping center frontage.

Shopping/office center retail and nonretail storefront means the physical limits of the storefront.

Sign means a sign is any object, device, display or structure or part thereof, whether located inside or outside a building, which is visible from any lot line, and the primary purpose of which is the conveyance of an idea, advertising, endorsement, identification, or information by means of visual symbols, lettering, illustration or any other means of directing attention or communicating a message.

Sign walker means a sign held by or attached to a human for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service, activity, or product. A person dressed in costume for the purpose of advertising or otherwise drawing attention to an individual, business, commodity, service, activity, or product shall also be construed as a human sign.

Snipe sign means a sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to a tree, pole, fence, public bench, streetlight pole, or other object, or on any public property or within the right-of-way.

Street means a public thoroughfare, maintained by the State of Illinois, township, county, or city which affords the principal means of access to abutting property.

T-frame graphic means a freestanding sign ordinarily in the shape of an upside down "T" or some variation thereof, which is readily moveable and not permanently attached to the ground or any structure. See also A-frame graphics.

Temporary graphics means any graphic displayed for use for a limited period of time.

Vehicle graphics means any graphic permanently or temporarily attached to or placed on a vehicle or trailer in any manner so that the sign is used as a primarily as a stationary sign.

Window graphics means any graphic visible from the exterior of building which is painted on, affixed to, or otherwise attached to the exterior of a window or depicted upon the exterior of a window. A permanent window sign is one that is intended to remain on display for thirty (30) days or more; a temporary window sign is one that is intended to remain on display for a shorter time period.

Yard sign means any temporary freestanding graphic generally made from corrugated plastic or composite or similar material and generally supported with a wire frame or crossbar not permanently attached to the ground.

(Ord. No. 4349, § 3(1001), 7-26-2010; Ord. No. 23-16, § 1, 2-14-2023)

A.

General prohibitions. Any graphic or sign not expressly permitted by this chapter is prohibited in the City of Collinsville.

B.

Calculation of graphic area. The area of every graphic or sign shall be calculated as follows:

1.

If the graphic is enclosed by a box or outline, the total area contained within that outline, including the background, shall be deemed the graphic area.

2.

If the graphic consists of individual letters, parts or symbols, only the area of an imaginary square or rectangle which would completely enclose all the letters, symbols and parts shall be deemed the graphic area. (See Exhibit B and figures 3 and 4 for pictorial display).

3.

Only one (1) side of any double-facing graphics shall be considered in calculating area.

4.

The area of graphics of three-dimensional shape such as boxes, globes, cylinders, or pyramids shall be computed as one-half (½) of the total of the exposed surfaces.

C.

Graphic area allowances. Within the limitations and restrictions as further provided in this chapter, the total of the areas of all graphics which a particular establishment is permitted to display shall be computed as follows:

1.

Two (2) square feet of graphics area per one (1) foot of lineal street frontage in sign zones 1 and 2. One and one-half (1.5) square feet of graphics area per one (1) foot of lineal street frontage in sign zone 3, with a minimum of thirty-two (32) square feet of graphics permitted in all commercial sign zones.

2.

The total permitted area of graphics shall not exceed three hundred (300) square feet per street frontage.

3.

If any establishment has frontage on two (2) or more streets, each side having frontage shall be considered separately for purposes of determining compliance with the provisions of this chapter. The sign area allowances shall not be aggregated on any one (1) side so as to allow any such establishment to display on any one (1) frontage a greater area of graphics than three hundred (300) square feet.

4.

The side of an establishment adjacent to an off-street parking area shall not be deemed frontage unless the establishment has no other frontage.

5.

Any signage that is part of the building shall not exceed ten (10) percent of the total square footage of the respective building face upon which it is placed.

D.

Illumination. Illumination of graphics is permitted, subject to the following requirements:

1.

No red, yellow, orange, green or other colored light shall be used within two hundred (200) feet of a traffic sign or device.

2.

No graphic shall have blinking, flashing, or fluttering lights, which have a changing light intensity, brightness, or color. Beacon lights are prohibited.

3.

The illumination area, including any lighted tubes displayed on the building, shall be included in graphic areas allowances, described in Subsection 17.190.030.C.

4.

The light from any illuminated graphic shall be shaded, shielded or directed so as to avoid a nuisance to persons on adjacent property or create a traffic hazard.

5.

No exposed reflective-type bulb and no strobe light or incandescent lamp which exceeds fifteen (15) watts shall be used in the exterior surface of any graphic in such a manner as to expose the face of the bulb, light or lamp to any public street or adjacent property.

E.

Movement prohibited. No graphic which revolves, rotates, or mechanically moves in any manner shall be permitted in the City.

F.

Obstructions and traffic hazards.

1.

No graphic shall be erected, relocated, or maintained so as to prevent free access to any door, window, fire escape, or driveway.

2.

No graphic shall be erected or maintained in such a manner that it interferes with, obstructs the view of, or can be confused with any authorized traffic sign, signal or device. In addition, no graphic shall contain the words "stop", "go", "caution", "danger", "warning" or similar words unless these specific words are part of the name of the particular business (see also Subsection 17.190.030.D.1.).

G.

Structural and maintenance requirements.

1.

Every graphic shall be designed and constructed in a manner that is safe and shall conform to the applicable provisions of the building and electrical codes.

2.

The Administrator shall have the right under Subsections 17.190.040.F. and 17.190.040.G. to order the repair and removal of any sign which is defective, damaged, or substantially deteriorated as defined in Section 2905.0 of the B.O.C.A. National Building Code most recently adopted by the City of Collinsville.

(Ord. 4349, § 3(1002), 7-26-2010)

Editor's note— Exhibits A and B referenced in this section are on file with the offices of the city.

A.

Prohibited graphics or signs. The following graphics or signs are prohibited everywhere in the City:

1.

Mobile/portable signs, air-activated graphics, balloon graphics, blade graphics and vehicle signs as defined in Section 17.190.020, shall be prohibited, except as provided under Subsection 17.190.040.B.15.

2.

Graphics which contain or consist of pennants, streamers, ribbons, strings of exposed light bulbs, spinners or similar devices.

3.

Graphics attached to trees, fences or public utility poles other than warning signs as identified in Subsection 17.190.040.A.7., below, or those graphics issued by public utilities and attached to public utility poles.

4.

Abandoned sign including the posts and other supports which advertise or identify an activity, business, product, or service no longer conducted on the premises where such graphic is located. If the business or service advertised or identified by a nonconforming sign ceases to be conducted for a period exceeding ninety (90) calendar days, the nonconforming sign shall be classified as an "abandoned sign", and shall be removed by the owner, agent, or person having beneficial use of the premises or lot upon which the sign is located within thirty (30) days following receipt of written notice as stated in Subsection 17.190.050.F. of this chapter by the Administrator concerning its removal. The Administrator can take into account the fact that a sign may be resold as part of the sale of a business when presented with documentation depicting such effort should the Administrator decide not to send a written removal notice.

5.

Roof-mounted graphic that extends more than three (3) feet above the highest point of the roof.

6.

Off-premises signs except as provided in Subsection 17.190.040.D.7.

7.

Snipe signs. The placement of this prohibited sign is transient in nature and irreparable. The adoption of the prohibition shall be deemed notice of the violation. The person or business in possession or control of the snipe sign and the person or business who owns or is advertised or identified (by name, address or other contact information) on the sign may be cited immediately upon observation of the violation. The person or business who owns or is advertised or identified on the sign shall be presumed to have permitted the placement of the snipe sign in the absence of evidence to the contrary. The term "transient in nature" shall mean that a condition exists on a temporary, periodic, or nonpermanent basis. The term "irreparable" shall mean the condition is incapable of being remedied, as the harm sought to be prevented has already occurred.

Each sign shall be considered a separate violation and shall carry the following penalties for each:

a.

Violations and fines (plus applicable court fees)

1.)

 First violation .....$100.00

2.)

Second violation .....200.00

3.)

Third and subsequent violations .....300.00

B.

Permitted graphics. Every graphic enumerated below that complies with the indicated requirements may be erected in any zoning district of this City without a permit. The area of such graphics shall not be debited against the displaying establishment's sign area allowance:

1.

Construction signs identifying the architects, engineers, contractors, and other individuals or firms involved with the construction, and/or announcing the character or purpose of the building but not advertising any product. Such signs shall not exceed thirty-two (32) square feet in area, shall be confined to the site of the construction, and shall be removed within ten (10) working days after construction has been completed.

2.

On-premises directional signs such as signs identifying entrances, exits, parking areas, no-parking areas, restrooms, public telephones, walkways, and similar features or facilities. Such signs shall not exceed six (6) square feet in area.

3.

Flags of any country, state, or unit of local government. (Ch. 65, ILCS 5/11-80-17) A maximum of three (3) flags allowed per establishment, or if residentially zoned, per house.

4.

Signs advertising a garage or yard sale on private residential property according to the provisions of Section 5.20.050 of the Collinsville Municipal Code.

5.

Governmental or public signs, such as traffic control signs, railroad crossing signs, legal notices, and such temporary emergency signs as may be authorized by the Administrator.

6.

Holiday decorations such as Christmas lights and ornaments, provided that such decorations must be removed within thirty (30) days after the holiday.

7.

House numbers and/or resident-only name signs located on the lot to which the sign pertains. Such signs shall not exceed three (3) square feet in area for single-family dwellings nor six (6) square feet for multiple-family dwellings.

8.

Integral signs, memorial signs or tablets carved into stone or inlaid so as to become part of the building, and containing such information as date of erection, name of building and memorial tributes.

9.

Interior signs located in any building or within an enclosed lobby or court of any building or group of buildings or interior enclosed/fenced sporting areas.

10.

Political campaign signs. All signs which are relating to promoting or publicizing the nomination or election of any individual for a public political office to be voted on in any general or special election or advocating any measure to be voted on in any general or special election, hereinafter referred to as political campaign signs, shall be subject to the following regulations:

a.

Size of signs. Political campaign signs located in a residential zone shall be limited to a maximum surface area of sixteen (16) square feet. Political campaign signs located in zones other than residential zones shall be limited to a maximum surface area of thirty-two (32) square feet. The maximum square footage shall be based upon one (1) side of the sign. Signs may be two-sided.

b.

Signs on private property. No political campaign signs shall be erected upon any private property without the permission of the property owner, resident or respective agent. In cases of vacant property, or where there is no occupied structure on the property, no political sign shall be placed thereon without the written consent of the property owner or his agent.

c.

Political campaign signs shall not be permitted within public rights-of-way. Where the public right-of-way is not clearly defined, this area shall be defined as measuring no less than ten (10) feet from the back of the improved curb for said facing street.

d.

Unauthorized signs. Unauthorized signs of any nature located either on City-owned property, whether occupied or vacant, is prohibited and shall be immediately removed.

e.

Permitted time period. Political campaign signs shall not be displayed prior to ninety (90) days before said election nor after thirty (30) days from the date the election was held. In cases where a general election follows a primary election, those signs for candidates whose names will appear on the ballot in the general election may be displayed during the interim period and up to the date the general election results are certified. In all instances herein in which political campaign signs are required to be removed, or if the signs have become detached from their support device or damaged, it shall be the responsibility of the property owner or occupant, if the sign is located on private property, or the respective candidate.

f.

Signs related to constitutionally protected free speech. Signs expressing constitutionally protected free speech that are:

1.)

Not related to promoting or publicizing the nomination or election of any individual for a public political office; or

2.)

Not advocating any measure to be voted on in any general or special election; or

3.)

Not classified as commercial in nature, shall not be subject to the time period for the removal of political campaign signs, but shall otherwise be subject to all other provisions of this section.

11.

Property regulation signs such as no trespassing, beware of dog, no hunting, no fishing, etc. Such signs shall not exceed three (3) square feet in area.

12.

Public interest signs publicizing a charitable or nonprofit event of general public interest. Such signs shall be permitted only for forty-five (45) days before and seven (7) days after the event and shall only be permitted on the site of the event.

13.

Real estate signs indicating the sale, rental, or lease of the premises on which said signs are located. Such signs on residential property shall not exceed nine (9) square feet in area; on other commercial property such signs shall not exceed thirty-two (32) square feet. No more than one (1) real estate sign per street front shall be placed on any lot. Such signs shall be removed within seven (7) days after the sale, rental, or lease.

14.

Residential development identification structures at major entrances designed to identify a residential subdivision, apartment complex, or planned unit development; containing no commercial advertising; and not exceeding forty (40) square feet in area and located on-premises.

15.

Street banners or mobile/portable signs or graphics that advertise the City or a public entertainment or event are permitted only with a permit issued by the Administrator.

16.

Utility company signs that serve as an aid to public safety or that show the location of public telephones, underground cables, etc.

17.

Historic building signs or plaques containing no advertising and limited to four (4) square feet in area. Applicants desiring a historic sign status, containing advertising and/or greater than four (4) square feet in area, shall request historic status through the procedure defined in Subsection 17.064.060.B.

18.

Special Promotional Graphics will be allowed for no more than fourteen (14) days, and no more than three (3) special promotions allowed per year, and permit must be obtained from the City, at least five (5) days prior to the event. All special promotion graphics must meet the requirements of Subsection 17.190.030.F. and Subsection 17.190.030.G.

19.

Public signs such as street identification signs, traffic signs, and other public interest signs erected by the City of Collinsville or the State of Illinois.

C.

Residential zone districts. Upon the effective date of this chapter, no signs or other graphics except those listed in Subsection 17.190.040.B. shall be erected in any residential portion of a planned unit development, planned development district or in any other residential district.

D.

Commercial zone districts. No establishment located in any commercial district, any commercial or industrial portion of a planned unit development, or any industrial district shall display a total area of signs in excess of its sign area allowance. (See Subsection 17-190.030.C.). Additionally, signs in any commercial district, any commercial or industrial portion of a planned unit development district, or in any industrial district shall conform to the requirements indicated in the subsections below.

1.

Flush-mounted graphics. Total square footage of flush-mounted graphics area shall not exceed ten (10) percent of the total square footage of the building face upon which placed. No flush-mounted graphic shall:

a.

Project more than eighteen (18) inches from the wall or surface to which it is attached. If such wall or surface is not vertical, the projection shall be measured from the closest point of the wall or surface to the graphic; or

b.

Extend more than three (3) feet above the roofline of the building to which it is attached. See exhibit A for pictorial display of flush-mounted graphics;

2.

Projecting graphics. One (1) projecting graphic per street frontage may be substituted for the flush-mounted graphic. No projecting graphic shall:

a.

Project over a public right-of-way or closer than two (2) feet to the curb or edge of such vehicular way (Ch. 65, ILCS 5/11-80-14); or

b.

Project more than three (3) feet from the building to which it is attached; or

c.

Extend below a point eight (8) feet above the ground or pavement; or

d.

Extend more than three (3) feet above the roofline of the building to which it is attached (not on top of the roof); or

e.

Exceed twelve (12) square feet in area.

3.

Window graphics. Any commercial, industrial or institutional establishment may display permanent exterior window graphics. Permanent exterior window graphics shall cover no more than twenty (20) percent of any window or twenty (20) square feet of window, whichever is less. Permanent exterior window graphics shall be debited against the total area of all graphics permitted.

4.

Awning, canopy, and marquee with graphics. Graphics mounted flush against awning, canopy, or marquee shall be considered flush-mounted graphics, and shall comply with the regulations of Subsection 17.190.040.D.1. Graphics suspended beneath any awning, canopy or marquee shall be considered projecting graphics, and shall comply with the regulations of Subsection 17.190.040.D.2. An awning, canopy or marquee graphic may be painted on directly, and shall comply with the regulations of Subsection 17.190.030.C.

5.

Shopping/office center freestanding graphics. A shopping/office center - as an entity - may erect an identification sign in accordance with the provisions of this chapter:

a.

Shopping/office center identification graphics shall not exceed one hundred (100) square feet when identifying only the shopping center.

b.

Freestanding graphic (sign) shall not exceed two hundred (200) square feet when identifying the shopping/office center and/or tenants.

c.

No shopping/office center shall have more than one (1) freestanding graphic (sign) identifying the shopping center and/or tenants.

d.

Tenants that are identified on the shopping/office center freestanding graphic shall have the square footage included as part of the tenant's allowable signage.

e.

Outlots with street frontage shall be allowed a freestanding graphic in accordance with Subsection 17.190.040.D.6.

f.

No point of any freestanding graphics shall project over or intrude into any public right-of-way or private lot line and no freestanding graphic shall be higher than two (2) feet in the restricted area.

g.

A freestanding graphic shall not extend more than the maximum height allowed in Subsection 17.190.040.D.6.c.

6.

Freestanding graphics. No establishment in any zoning district may have more than one (1) freestanding graphic on any lot, except in sign zone 1. In sign zone 1, an establishment may have a maximum of two (2) freestanding graphics on any lot, with one (1) freestanding graphic not exceeding the height allowed under Subsection 17.190.040.D.6.c.1.) and one (1) freestanding graphic not extending twenty-five (25) feet above the ground.

Minimum distance apart for two (2) freestanding graphics on one (1) parcel in zone 1: If an establishment in zone 1 erects two (2) freestanding graphics on one (1) parcel of land and both freestanding graphics are located in the front half or both freestanding graphics are located in the back half of the property, the minimum distance apart shall be one-half (½) of the parcel's street frontage. If an establishment in zone 1 erects one (1) freestanding graphic on the front half of the property and the other freestanding graphic on the back half of the property, the minimum distance apart shall be one-half (½) of the parcel's depth. The front half of the property shall be determined by the legal address. Under any circumstance, two (2) freestanding graphics constructed on one (1) parcel in zone 1 shall be placed further than forty (40) feet apart.

Freestanding graphics shall comply with the following regulations:

a.

No point of any freestanding graphics shall project over or intrude a private lot line, and no freestanding graphic shall be higher than two (2) feet in the restricted area.

b.

No freestanding graphic shall exceed one hundred (100) square feet in area or twelve (12) feet in any dimension, except for freestanding graphics in zone 1 which shall not exceed three hundred (300) square feet in area; provided, that this paragraph shall not apply to shopping center identification graphics. (See Subsection 17.190.040.D.5.)

c.

Height of sign—Districts.

1.)

When attached to a post or other supports, a freestanding graphic shall not extend more than eighty (80) feet above the ground or pavement in zone 1 except on those parcels of ground contiguous to Illinois Highway 157 which shall not extend more than sixty (60) feet above the ground or pavement in zone 1.

2.)

When attached to a post or other supports, a freestanding graphic shall not extend more than twenty (20) feet above the ground or pavement in zone 2.

3.)

When attached to a post or other supports, a freestanding graphic shall not extend more than fifteen (15) feet above the ground or pavement in zone 3 except for gasoline and oil service stations which a freestanding graphic shall not extend more than twenty (20) feet above the ground or pavement.

7.

Off-premises signs.

a.

Billboards and off-premises signage as defined in Section 17.190.020 are prohibited in all areas of the city, with the following exception(s):

1.)

Off-premises signs are permitted on either side of a federal interstate highway for six hundred sixty (660) feet from the nearest edge of the right-of-way, in accordance with the State Highway Advertising Control Act, 225 ILCS 440/1 through 440/16 and as it may hereafter be amended.

b.

Billboards and off-premises signs legally constructed prior to the effective date of the ordinance from which this section is derived are considered legal nonconformities and thus subject to Section 17.090, Nonconformities and Section 17.190.050.E.2., Nonconforming, unlimited (grandfathered).

c.

Deviations from this section may be considered through a variance application in accordance with Section 17.190.060, Special permits and procedures.

8.)

Regulations contained in Subsections 17.190.020, 17.190.030.B—G., 17.190.040.A, 17.190.040.B., 17.190.050.E. and the administration and enforcement sections apply to off-premises signs.

8.

Planned unit development (PUD) and planned development districts. No signage shall be permitted in a planned unit development or planned development district unless it receives specific approval as part of the development plan as a consolidated sign package.

9.

Electronic message center signs (EMCS).

a.

An electronic message center sign shall be permitted only as an integral component of a freestanding sign or, to the extent permitted by these regulations, as an integral component of a building sign.

b.

Electronic variable message signs (EMCS) may be substituted in lieu of other permitted signs pursuant to this section. Portable or temporary EMCS are prohibited. The EMCS shall be further restricted by the additional standards in this subsection and the lighting standards in Section 17.910, exterior illumination.

c.

Area. An electronic message center sign shall comprise less than fifty (50) percent of the overall sign area of the sign structure and shall not, in any case, exceed thirty-two (32) square feet in area. An electronic message center sign shall be compatible with the design of the sign structure, including width, depth, and color of the cabinet.

d.

Message duration. Advertising messages, information, images and background shall remain in a fixed, static position for a minimum of eight (8) seconds. The change sequence must be accomplished within an interval of two (2) seconds or less.

e.

Illumination. The outdoor advertising sign shall have an automatic dimmer (factory set to the illumination intensities as follows) and a photo cell sensor to adjust the illumination intensity or brilliance of the sign so that it shall not cause glare or impair the vision of motorists and shall not interfere with any driver's operation of a motor vehicle. The sign shall not exceed a maximum illumination of seven thousand five hundred (7,500) nits (candelas per square meter) during daylight hours and a maximum illumination of five hundred (500) nits between dusk to dawn as measured from the sign's face at maximum brightness. Any external illumination devices shall be effectively shielded so as to prevent beams or rays of light from being directed at any portion of a street or highway, or any residential use.

f.

Limitations. No moving, rotating, fluttering, blinking, or flashing elements are permitted. No animation, video, audio, pyrotechnic, or bluecasting components are permitted.

g.

In addition, the following standards shall apply to all EMCS:

1.)

The EMCS shall contain a default design that will freeze the sign in one (1) position if a malfunction occurs or in the alternative shut down; and

2.)

The EMCS shall not display any message that moves, appears to move, scrolls, or changes in intensity during the fixed display period.

3.)

When in the opinion of the Administrator an EMCS is proposed for a project or building or within an area deemed historically significant, review and approval of said EMCS shall be conducted by the Planning Commission when determined satisfactorily that the requested EMCS will pose no substantial harm to the historic character of said structure, project or area.

10.

Sign package.

a.

Required. A sign package is required for review by the Planning Commission for the following signs:

1.)

Attached tenant identification signs on multiple-story buildings containing multiple businesses or tenants on or above the floor plate of the second floor.

2.)

A freestanding identification sign facing a limited access highway if the property has more than two (2) existing attached signs.

b.

Optional. For projects with multiple buildings or tenants, unique circumstances such as poor visibility or irregularly shaped sites, or when a uniquely creative approach to signage design is proposed, an applicant may submit a sign package for review and approval by the Planning Commission.

c.

Specific intent. The specific intent of this procedure is to provide a process to evaluate the number, size, location, height, and design of signage within a project on a comprehensive basis to ensure that it is installed as a consistent, integrated component of the development.

d.

Submittal requirements. Said sign package shall include:

1.)

The location of the buildings, structures, or lots on which the signs are to be installed;

2.)

A site plan of the property involved, showing accurate placement thereon of the proposed signs;

3.)

Photographs, illustrations, or renderings of the building, site, and/or other signage on the site as required to determine consistency;

4.)

Other materials or evidence as may be required to demonstrate compliance with the review criteria; and

5.)

Fees. Filing and review fees as established by the City Council.

e.

Review criteria. Signs within the proposed package may deviate from the number, size, location, height, and design criteria specified by this section for each type of sign, provided that the overall approach meets or exceeds the provisions of Section 17.190.010, title, purpose and applicability.

f.

Planning Commission action. The Planning Commission may either approve, approve with modifications, or deny the proposed sign package.

g.

Approved sign package. The approved sign package shall be retained on file in the Department of Community Development.

h.

Building permits. A sign permit shall be required to install each sign in the approved package. Building permits shall be additionally required at the discretion of the Building Inspector.

i.

Amendments to sign package. Applications to amend any portion of an approved sign package shall be made to the Planning Commission for their review and approval.

11.

Sign walkers: Sign walkers shall be permitted, subject to the following regulations:

a.

Location. Sign walkers shall be located only on the real property that the business, goods or services are located:

1.)

At grade level.

2.)

Prohibited locations: sign walkers shall not be located:

A.)

Within the public right-of-way;

B.)

In raised or painted medians;

C.)

In parking aisles or stalls;

D.)

In driving lanes or driveways;

E.)

So that less than a minimum of four (4) feet is clear for pedestrian passage on all sidewalks and walkways, or so as to cause a hazard to pedestrian traffic;

F.)

On fences, boulders, planters, other signs, vehicles, utility facilities, or any structure;

G.)

Within a minimum distance of twenty (20) feet from any other sign walker; or

H.)

In a manner that results in sign walkers physically interacting with motorists, pedestrians, or bicyclists.

b.

Display. Signs shall be:

1.)

Displayed only during the hours the business is open to conduct business.

2.)

Held, worn or balanced at all times.

c.

Elements prohibited. The following shall be prohibited:

1.)

Any form of illumination, including flashing, blinking, or rotating lights;

2.)

Animation on the sign itself;

3.)

Mirrors or other reflective materials; and

4.)

Attachments, including, but not limited to, balloons, ribbons, speakers.

12.

Uptown Collinsville District (UCD) signage. Signage in the Uptown Collinsville District shall be subject to the following:

a.

General.

1.)

New signs and all physical changes to existing signs in the UCD Uptown Collinsville District shall adhere to these supplemental regulations in addition to all relevant signage regulations in Section 17.190.040: prohibited, permitted and types of signs;

2.)

All supplemental uptown signage regulations shall, if in conflict with a general signage regulation found elsewhere in Section 17.190.040 take precedent over those regulations for purposes of signage proposed in the UCD Uptown Collinsville District;

b.

UCD signage design guidelines.

1.)

Sign design and placement shall fit the character of the building and should not obscure architectural details;

2.)

Signs shall not blink, flash, spin, or move in any manner;

3.)

Roof-top signage is prohibited;

4.)

Any lighting fixtures intended to illuminate signs in the UCD Uptown District must be decorative in nature and shielded to prevent glare for vehicular or pedestrian traffic in the right-of-way and/or directed in such a way as to mitigate light pollution to neighboring properties.

c.

Permitted uptown signage. The following types of signage shall be permitted in the Uptown Collinsville District, subject to approval of a sign permit.

1.)

Any signage of type and form which does not conform to the following regulations may be conditionally permitted following review and approval of a sign package by the Planning Commission, subject to the following review criteria:

A.)

Consistency and compatibility of requested signage with the overall design and architecture of the building it is attached to or project it is associated with; and,

B.)

Consistency and compatibility with the intent of the UCD Uptown Collinsville District.

2.)

Permitted building-mounted signage.

A.)

Projecting/blade signs. All wall-mounted signs which lay perpendicular to the building surface or which project beyond twelve (12) inches from the building surface shall be subject to the following regulations:

i.)

Projecting signage shall not contain any element that extends above the parapet wall of the storefront or building.

ii.)

Signage must be consistently finished on both sides.

iii.)

Signage must be located above the horizontal expression line that defines the ground floor façade.

iv.)

Signage shall not exceed a maximum of thirty-six (36) inches in total width.

v.)

Signage shall not exceed a maximum of thirty-six (36) inches in total height.

vi.)

Signage shall provide a minimum of ten (10) feet of vertical clearance between its lowest point and the sidewalk and/or public right-of-way.

vii.)

Hanging signage must be mounted with a decorative hanger that is complementary to the character of the historic uptown district.

B.)

Pin-mounted wall signs, mounted channel letters and graphics. All signage which consists of individually mounted letters, numbers and / or symbols shall be subject to the following regulations:

i.)

Signage shall not use mirror finishes which may be prone to cause nuisance glare to pedestrians, residents, or traffic.

ii.)

Signage shall not be mounted on a raceway.

iii.)

Signage may be affixed to a board, background, or mounting medium between itself and the adjacent building face.

iv.)

Signage shall be unobtrusive and shall not project more than twelve (12) inches from the building. This calculation shall include any board, background, or mounting medium.

C.)

Awning signage. All signage which is printed, painted, or placed on awnings shall be subject to the following regulations:

i.)

Illuminated/back-lit translucent awnings or translucent letters on opaque backgrounds are prohibited.

ii.)

Lighting for awnings shall be down directed and shielded to prevent substantial through-lighting or glare in the public right-of-way.

D.)

Window signage. All signs inside of or attached to the transparent glazed surface (window or door) oriented to the outside of the building shall be subject to the following regulations:

i.)

Permanent window signage may not inhabit more than twenty percent (20%) of the total window area.

ii.)

Temporary window signage may not inhabit more than ten percent (10%) of the total window area.

3.)

Permitted freestanding signage.

A.)

A-frame/"sandwich board" signage. All temporary signage which is set upon the ground and consists of two (2) sign faces which are hinged at the top and separated at the bottom shall comply to the following regulations:

i.)

Signage may be placed on the sidewalk only if the business has a current and valid permit issued by the City of Collinsville.

ii.)

Signage may be placed on the sidewalk as long as it does not encroach on a clear, unobstructed five-foot-wide walking aisle in the right-of-way and is placed to either side of the main pedestrian thoroughfare.

iii.)

Signage shall not exceed eight (8) square feet of graphic area on either side.

iv.)

Each business in the UCD Uptown Collinsville District shall be limited to the display of one (1) A-frame/"sandwich board" sign in the public right-of-way at any time.

B).

Monument signs. All freestanding signs which are solely supported by one (1) permanent foundation on the ground and not attached to any building, wall, pole, post, or pylon shall be subject to the following regulations:

i.)

Signage shall be supported by a monolithic base constructed with brick as a primary building material.

13.

Temporary signs and special displays.

a.

Nonresidential establishments shall be permitted temporary signage limited to three (3) events per calendar year with a maximum time period of fourteen (14) days per event through the approval of a temporary sign permit. These events may be consecutive.

1.)

Total maximum graphic area per event shall be seventy-two (72) square feet.

2.)

Permitted types of temporary signage include banners, window graphics, yard signs, A-frame signs, and T-frame signs.

3.)

Banner graphics may be attached to a building, window, fence, or similar structure and attached to posts mounted in a yard or landscaped area.

4.)

Exception(s). If an establishment has no permanent signage, temporary signage shall be permitted for a one-time consecutive 30-day period through issuance of a temporary sign permit, without a permit fee or deduction from the annually permitted six (6) weeks of temporary display.

A.)

The consecutive 30-day period shall begin upon the date requested on the approved temporary sign permit.

B.)

This 30-day period may be extended for reasonable accommodation at the determination of City staff.

C.)

All signage shall be in conformance with the rest of Section 17.190.040.D.13.

b.

No temporary sign or display shall be placed within the sight distance triangle and/or placed in such a manner that impedes the visibility of pedestrians and motorists or that could pose risk to the safety and flow of traffic.

c.

Temporary signs shall be removed or replaced upon deterioration or damage.

d.

Temporary signs shall not be internally or externally illuminated.

e.

Temporary signs shall be secured in such a manner as to prevent swinging or other significantly noticeable movement resulting from wind that could pose a danger to people, vehicles, or structures.

(Ord. No. 4349, § 3(1003), 7-26-2010; Ord. No. 23-16, § 2, 2-14-2023; Ord. No. 23-62, § 1, 5-23-2023; Ord. No. 23-124, § 1, 11-14-2023)

A.

Enforcement officer, duties. The Director of Community Development, referred to herein as the Administrator, is hereby authorized and directed to administer and enforce the provisions of this chapter. This responsibility includes, but is not limited to, the following:

1.

To supervise the registration of all existing graphics;

2.

To review and approve applications for graphics permits;

3.

To inspect existing and newly constructed graphics to determine compliance with the provisions of this chapter, and where there exists violations, to initiate appropriate corrective actions;

4.

To review and forward to the Planning Commission all applications for variances, appeals and amendments.

5.

To maintain up-to-date records of said application and of any official actions taken pursuant thereto;

6.

To periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations on these matters to the City Council at least once each year; and

7.

To provide information to the general public on matters related to this chapter.

B.

Notification to existing graphic owners. Publication of this chapter is required ten (10) days before it becomes effective.

C.

Graphic permit. No sign, billboard or other graphic, except those exempted from the provisions of this chapter (see subsection 17.190.040.B.), shall be erected, altered, expanded, relocated or reconstructed without a graphic permit issued by the Administrator.

1.

Application for permit. Application for a graphic permit shall be made on forms provided by the Administrator and shall include the information listed below:

a.

Name, address, and telephone number of the applicant;

b.

Name, address, and telephone number of the owner of the premises on which the graphic is to be erected;

c.

Location of the building, structure, or lot where the graphic is to be erected, and the zone district classification;

d.

Description of the graphic indicating location, dimensions, area, height, illumination method of support;

e.

Position of graphic in relation to nearby buildings, street grade and traffic control devices;

f.

Amount of street frontage that the establishment which proposes to display the graphic has and the total area and type of all existing signs on said premises;

g.

If application for sign permit is for signage for a building to be newly constructed, a site plan displaying all sign locations, a complete set of final drawings displaying all elevations, and the building permit number; and

h.

Such other information as the Administrator shall require to determine full compliance with this chapter.

D.

Issuance of permit. Upon the filing of an application for a graphic permit, the Administrator shall examine the plans and specifications and the premises upon which the graphic is to be located. If the proposed graphic meets the requirements of this chapter, a permit shall be issued within fourteen (14) days of this application. If the graphic does not meet the requirements of this chapter, the Administrator shall deny the permit and within fourteen (14) days of the application, respond to the applicant in written form. All signs authorized under a graphic permit must be completed within six (6) months after the date of issuance.

E.

Nonconforming graphics. A nonconforming graphic is one lawfully erected and existing as of the date that this chapter became effective, or prior to any amendment hereto, but which does not comply with the regulations set forth herein or to any applicable amendments hereto. All nonconforming graphics are either subject to amortization for a period of one (1) year from the date that the chapter becomes effective, or for a period of one (1) year from any amendment hereto as to those rendered unlawful by reason of such amendment, or they are allowed to remain indefinitely under certain conditions (which is sometimes referred to as grandfathering).

1.

Nonconforming, one-year amortization. All nonconforming graphics that are rendered nonconforming by reason of Subsections 17.190.030.E—G., and 17.190.040.A.1—5., are subject to a one-year amortization period from the date that this chapter becomes effective, and they shall either be removed or brought into compliance with ordinance provisions within the amortization period.

2.

Nonconforming, unlimited (grandfathered). All other nonconforming graphics shall be allowed to remain and be maintained by ordinary repairs as long as each graphic is registered with the Administrator's office within one (1) year from the effective date of this chapter, but each such graphic shall not be:

a.

Replaced or changed by another nonconforming graphic (provided that changing the message on a changeable copy graphic or off-premises graphic shall not be deemed a violation of this provision);

b.

Altered or enlarged (provided that changing the message on a changeable copy graphic or off-premises graphic shall not be deemed a violation of this provision);

c.

Relocated unless it is made to conform with this chapter;

d.

Reconstructed after damage or destruction in an amount exceeding fifty (50) percent of its replacement value at the time of the loss; or

e.

Structurally altered to prolong the life of the graphic.

If the sign is not registered within the registration period, then the sign is not grandfathered and is required to be removed or brought into compliance with this chapter at the expiration of the one-year registration period.

This subsection includes signs prohibited under Subsections 17.190.040.D.7. and 17-190.030.D.2., and all graphics rendered nonconforming under sections other than those listed in subparagraph 1., above. The type, location, area, height, size, shape and number of grandfathered graphics shall be included in any calculation when determining compliance of new or altered graphics for each establishment.

F.

Unsafe or unlawful graphics. Whenever the Administrator finds that any graphic or supporting structure is in violation of this chapter, the Administrator shall notify the responsible party, and shall order the appropriate corrective action.

The notice requirement shall not apply whenever the Administrator determines that any graphic poses an imminent threat of injury to life or property.

1.

Contents of written notice. The corrective order notice shall be in writing and shall include:

a.

Location of the premises upon which the graphic exists;

b.

Statement of the nature of the violation;

c.

Statement of the corrective action necessary to bring the graphic into compliance;

d.

The date by which the violation must be corrected;

e.

The date by which an appeal of the corrective order must be filed; and the procedures for filing an appeal;

f.

Statement that failure to obey the corrective action order shall result in revocation of the graphic permit, and may result in further remedial action including removal and/or fines.

2.

Notification procedure. A corrective action order notice shall be served to the owner of the graphic by:

a.

Personal delivery; or

b.

Sent by registered mail to last known address.

G.

Remedial action by City. Whenever the recipient of a corrective action order notice fails to obey said order within the time limit set forth therein or in any emergency, the Administrator may alter/remove the subject graphic or take any other action necessary to effect compliance with this chapter.

1.

Reimbursement for expenses.

a.

Any expense incurred by this City pursuant to authorized graphic corrective action shall be billed by first-class mail to the owner, or agent of the graphic or premises upon which the graphic is located.

b.

If said bill has not been paid within thirty (30) days, the unpaid charge shall constitute a lien upon the real estate where the graphic is located. The Administrator is hereby authorized to file a Notice of Lien in the Office of the Recorder of Deeds of Madison or St. Clair Counties, Illinois, and to authorize any legal proceedings necessary to ensure compliance and/or collection.

H.

Complaints. Whenever any violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint with the City. The Administrator shall record such complaints, promptly investigate, and, if he/she deems necessary initiate appropriate corrective action.

I.

Penalties.

1.

Any person who is convicted of a violation of this chapter shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00), plus costs. Each day that a violation continues shall be considered a separate offense.

2.

Nothing contained in this section shall prevent the City of Collinsville from taking any other lawful action that may be necessary to secure compliance with this chapter.

J.

Schedule of Fees. All fees indicated below shall be paid by the applicant upon submission of the proper permit application. Said fees are intended to defray the administrative costs connected with the processing/conducting of the listed permits/procedures; they do not constitute a tax or other revenue-raising device.

(Ord. No. 4349, § 3(1004), 7-26-2010)

A.

Planning Commission. The Planning Commission shall hear appeals and variance requests regarding graphic permits, appeals, variances, amendments, and other matters arising under this chapter, and shall perform such other duties as the City Council may prescribe.

B.

Appeals. Any person aggrieved by any decision or order of the Administrator in any matter related to the interpretation or enforcement of any provision of this chapter may appeal to the Planning Commission.

1.

Filing, stay of further proceedings. Every appeal shall be made within thirty (30) days of the matter complained of by filing with the Administrator a written notice specifying the grounds for appeal. Thereupon, the Administrator shall promptly transmit all pertinent records to the Planning Commission.

An appeal stays all further action on the matter being appealed unless the Administrator certifies to the Planning Commission, after the notice of appeal has been filed, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Planning Commission or the Circuit Court grants a restraining order for due cause, and so notifies the Administrator.

2.

Public hearing; notice. The Planning Commission shall hold a public hearing on every appeal within forty-five (45) days after the filing of the appeal notice. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of hearing, and briefly describing the nature of the hearing, shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by publication in a newspaper of general circulation within this municipality.

3.

Decision by Planning Commission. The Planning Commission shall render a decision on the appeal at their next regularly scheduled meeting following submission of said documents. By simple majority vote of all members present, the Planning Commission may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate.

4.

Appeals. Appeals from decisions of the Planning Commission shall be to the City Council in the same manner as provided for in Section 17.130.060.

C.

Variances. A variance is a relaxation of the requirements of this chapter that are applicable to a particular graphic.

1.

Application. Every application for a graphic variance shall be filed with the Administrator on a prescribed form. The Administrator shall promptly transmit said application to the Planning Commission. The application shall contain sufficient information to allow the Commission to make an informed decision, and shall include, at a minimum, the following:

a.

Name and address of applicant;

b.

Location of the graphic for which the variance is sought;

c.

Name and address of the property owner upon which the graphic may be located;

d.

Explanation of the grounds for the variance request;

e.

Specific section(s) of this chapter containing the regulations which, when applied, would cause the problem;

f.

A site plan, sketch or other graphic, illustrating the proposed graphic; and

g.

Any other pertinent information that the Administrator may require.

2.

Public hearing notice. The Planning Commission shall hold a public hearing on each variance request within forty-five (45) days after the variance application is submitted to them. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed variance shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

a.

By first-class mail to the applicant and to all parties within two hundred (200) feet of the applicant's property.

b.

By publication in a newspaper of general circulation within this municipality.

3.

Decision by Planning Commission. The Planning Commission shall act on every request for a graphic variance at their next regularly-scheduled meeting following the public hearing. Their decision shall be responsive to the variance standards set forth in Subsection 17.064.060.2.d.

The Planning Commission may grant a graphic variance by simple majority vote of all the members present. In a separate statement accompanying such vote, the Planning Commission shall state their findings of fact, and indicate their reasons for granting or denying the requested variance.

4.

Standards for variances. The Planning Commission shall not grant any graphic variance unless, based upon the evidence presented to them, they determine that:

a.

The proposed variance is consistent with the spirit and purpose of this chapter and will not cause injury to the area in which the graphic is/will be located or be detrimental to the public welfare in any way; and

b.

The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship while protecting the broader public interest; and

c.

The plight of the applicant is due to peculiar circumstances not of his/her own making; and

d.

The peculiar circumstances of the variance request are not applicable to other graphics in the City, and therefore, that a variance would be a more appropriate remedy than an amendment.

5.

[Appeals.] Appeals from decisions of the Planning Commission shall be to the City Council in the same manner as provided for in Section 17.130.060.

(Ord. No. 4349, § 3(1005), 7-26-2010; Ord. No. 19-85, § 16, 11-25-2019)