A.   The provisions of this chapter and any regulations imposed by this chapter shall be liberally constructed in a manner which ensures the rights of persons, groups, associations and entities as guaranteed by the United States and Illinois Constitutions. It is not the intent of this chapter to infringe on any such rights.

   B.   The purpose of this chapter is to provide a legal framework for the comprehensive regulation of signs in the City of Des Plaines. It recognizes the need for adequate identification, advertising, and communication within the community, which is structurally sound, well maintained and attractive in appearance. To achieve this purpose, this chapter is intended to control the height, area, location and other similar aspects of signs and sign structures, while also:

      1.   Preserving the noncommercial character of residential neighborhoods;

      2.   Providing reasonable yet appropriate conditions for identifying businesses and services rendered in commercial, institutional and industrial areas;

      3.   Reducing traffic hazards by restricting signs and lights which exceed a viewer's capacity to receive information or which increases the potential for accidents created by signage which distracts or obstructs a viewer's vision; and

      4.   Protecting the health, safety and general welfare of the residents of the City. (Ord. Z-24-05, 8-29-2005)

The following signs shall be prohibited:

   A.   Signs which move or give the appearance of movement, including, but not limited to, signs which flutter, undulate, swing, rotate, oscillate or otherwise move by natural or artificial means.

      1.   Temporary signs such as pennants, banners, and streamers shall not be deemed to fall within this prohibition, provided a sign permit is first obtained from the Zoning Administrator pursuant to section 12-11-3 of this chapter.

      2.   Time and temperature signs shall not be deemed to fall within this prohibition.

      3.    Signs containing electronic message boards shall be subject to the standards and regulations as set forth in subsection 12-11-5G of this chapter.

   B.    Roof signs, except for signs painted on flat roofs of an owner-occupied building located in the M-2 General Manufacturing District. For the purposes of this section, flat roofs are roofs that are not visible from grade level and that contain interior (as opposed to perimeter) drainage.

   C.    Off premises signs, except as provided for in this chapter; however, noncommercial off premises signs are permitted subject to any applicable size, height or similar restrictions provided elsewhere in this chapter.

   D.    Signs which imitate traffic signs, including, but not limited to, signs which incorporate the words "Stop", "Danger", "Warning", "Caution", or "Go Slow", unless such language is part of a name of a business. (Signs which are accessory to a parking lot shall not be deemed to fall within this prohibition.)

   E.    Portable or wheeled signs, except for A-frame signs as permitted pursuant to sections 12-11-5 and 12-11-6 of this chapter.

   F.    Signs placed on parked vehicles or trailers where the apparent purpose is to advertise a product or to direct the public to a business or activity located on or off the same premises.

   G.    Inflatable images such as balloons.

   H.    Marquees, except where permitted pursuant to sections 12-11-5 and 12-11-6 of this chapter. (Ord. Z-24-05, 8-29-2005; amd. Ord. Z-11-07, 3-19-2007; Ord. Z-23-17, 11-6-2017; Ord. Z-17- 19, 7-1-2019)

   A.   Scope: No sign, except as provided in subsection G of this section, shall hereafter be erected, constructed, altered, or relocated without first obtaining a permit from the Zoning Administrator.

   B.   Applications: Applications for a sign permit shall be filed with the Zoning Administrator, on forms so provided, and in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this title.

   C.   Issuance Of The Permit:

      1.   The Zoning Administrator: Upon receipt of a fully complete sign permit application, the Zoning Administrator shall examine the application and all material attached thereto to determine its compliance with this chapter, as well as, any other applicable City Code, ordinance, or law. The Zoning Administrator shall take formal action on the application within thirty (30) days of the date the application was filed. Except where needed to determine if a sign meets the requirements set forth in this chapter, the content of proposed signs is irrelevant and is not to be considered by any City official or employee in any government action or permit review.

      2.   Approval By Electrical Inspector: Applications for a sign permit in which electrical wiring and connections are to be used shall also be reviewed and approved by the electrical inspector for the City of Des Plaines.

      3.   Billboard Permits: As stated in section 12-11-6 of this chapter, billboards are signs meeting IDOT requirements, within six hundred sixty feet (660') of I-90 and I-294 and for which the total surface area of the signs does not exceed one thousand two hundred (1,200) square feet per face and does not exceed two thousand four hundred (2,400) total square feet for a double faced sign. As stated further in that section, the height of the sign shall not exceed ninety nine feet (99') from the base of the pole to the top of the structure or sixty five feet (65') from the surface of the pavement of the lane closest to the structure, except as otherwise provided by a limited variation ordinance.

         a.   Pursuant to the provisions of subsection 12-11-6B of this chapter, a permit shall be required for each billboard erected.

   D.   Validity Of The Permit: If work authorized under a sign permit has not been completed within six (6) months of the date of issuance, the sign permit shall then become void.

   E.   Bond: (Rep. by Ord. Z-9-16, 6-6-2016)

   F.   Appeals:

      1.   Appeals From The Denial Of A Sign Permit: An appeal from the denial of a sign permit shall be taken to the Planning and Zoning Board pursuant to section 12-3-9, "Appeals", of this title.

      2.   Appeals Taken For The Failure To Issue A Sign Permit: Failure of the zoning administrator to take formal action on a sign permit application within the prescribed time set forth above, unless otherwise agreed to by the applicant, shall be grounds for an appeal to the Planning and Zoning Board pursuant to section 12-3-9, "Appeals", of this title.

   G.   Exempt Signs: The following signs shall be exempt from the permit requirements set forth in this section; provided however, they meet the remaining requirements of this chapter, as well as, any limitation set forth herein.

      1.   Public service signs. Signs used for safety purposes relative to the repair or maintenance of streets, sidewalks, or utilities in a public right of way, provided such signs shall not exceed two (2) square feet in area.

      2.   Address signs. Address numbers not exceeding two (2) square feet in area.

      3.   Governmental. Signs and public notices erected or required by governmental bodies, or authorized for a public purpose by any law, statute, or ordinance, or to promote the public good. Governmental signs and notices shall be installed on public property or private property if the private property owner consents to the installation of such governmental sign or notice.

      4.   Public information signs. Signs identifying the telephone, restrooms, and similar facilities, providing no advertising matter accompanies the sign.

      5.   Flags are exempt. Flagpoles accompanying such flags shall be limited to a height of twenty feet (20') in residential districts and forty feet (40') in nonresidential districts. The size of the flag shall be in proportion to the height of the pole.

      6.   Memorial plaques. Memorial plaques and cornerstones when not exceeding two (2) square feet in area when permanently affixed to a building or premises.

      7.   Bulletin boards. Notice and bulletin boards for public, charitable, religious, or similar type institution when not exceeding sixteen (16) square feet and located on the same premises as the institution.

      8.   Time and temperature signs. Time and temperature signs containing computer generated message such as a public service, time, temperature, and date not exceeding eighteen (18) square feet.

      9.   Historical identification signs. Signs for property designated by the federal, state, or local governments as a historical location, site, or landmark, provided such sign does not exceed twelve (12) square feet.

      10.   Real estate signs. Real estate signs advertising one (1) to twenty-four (24) residential units in a single development in the type and number listed below:

         a.   Signs advertising the sale, lease, or rent of property, provided:

            (1)    No sign shall exceed eight (8) square feet in area,

            (2)    No sign shall be erected more than six feet (6') from the finished floor and not displayed above the second floor of a multi-story building,

            (3)    Not more than one sign per street frontage is displayed,

            (4)    Every sign is located on the same premises as the subject property, and

            (5)    Every sign is removed seven (7) days after the closing or execution of the lease.

         b.   Signs identifying a real estate open house, provided:

            (1)    No sign shall exceed six (6) square feet in area,

            (2)    Not more than four (4) signs per property shall be displayed,

            (3)    The signs shall be displayed only between the hours of nine o'clock (9:00) A.M. and six o'clock (6:00) P.M.,

            (4)    The signs may be located at any intersection within one square mile of the subject property, but only one sign per intersection per property shall be allowed, and

            (5)    Every sign shall have attached to it identification denoting the person or persons who are responsible for the placement and removal of the signs.

      11.   Miscellaneous information matter. Matter appearing on gasoline pumps, newspaper vending boxes, automatic teller machines, and other vending machines, or matter appearing on or adjacent to entry doors such as "Push", "Pull", "Open", and "Closed", or matter appearing on display windows or doors denoting hours of operation, credit cards accepted, and similar information.

      12.   Temporary window signs. Except in residential districts, two (2) signs per window with the total sign area for both signs not to exceed fifty percent (50%) of the window surface area.

      13.   Temporary, personal message, celebration, special event and garage sale signs on residentially zoned property, are subject to the following: The mayor and city council specifically find and declare that proliferation of an unlimited number and size of signs, particularly in residentially zoned areas of the city would create ugliness, visual blight and clutter, tarnish the natural beauty of the landscape and architectural environment, impair property values, substantially impinge upon the privacy and special ambience of the community and cause safety and traffic hazards to motorists, pedestrians and children. Temporary personal message, celebration, special event and similar signs are permitted subject to the following restrictions:

         a.   No such sign shall exceed sixty five (65) square feet in sign surface area.

         b.   No more than two (2) temporary signs shall be placed on the property at any one time.

         c.   No such sign shall be illuminated.

         d.   No such sign shall project higher than forty two inches (42") above the ground level at the base of the sign.

         e.   No such sign shall be located within ten feet (10') of any other lot, parcel or tract.

         f.   A temporary sign erected in connection with a rummage sale or garage sale shall not be erected for a period longer than three (3) days, and must be removed no later than nine o'clock (9:00) P.M. on the day the rummage or garage sale expires.

      14.    Directional Signs. A maximum of three (3) directional signs shall be allowed on lots zoned C-2, C-3, C-4 and M-2 and are subject to the following additional restrictions:

         a.    The maximum allowable height for each directional sign is three (3) feet from the established grade.

         b.    The maximum area for each directional sign shall be two (2) square feet.

         c.    Directional signs may be internally illuminated, but shall not be externally illuminated; however, a valid electrical permit shall be required.

         d.    Each directional sign must be installed on private property, must be setback at least two (2) feet from any property line and must be adjacent to a vehicle entrance or exit.

         e.    All directional signs shall be accompanied with at least one foot (1') of landscaping around the entire base of the sign. The plantings shall consist of low-lying evergreen shrubs and perennials.

      15.   Employment Opportunity Signs. Signs advertising available positions at a business and located on the same zoning lot as the business. Employment opportunity signs are limited to one sign per business and must not exceed four feet in height and 16 square feet in area. (Ord. Z-26-05A, 9-19-2005; amd. Ord. Z-18-08, 7-7-2008; Ord. Z-14-15, 7-6-2015; Ord. Z-29-15, 10-5-2015; Ord. Z-17-19, 7-1-2019; Ord. Z-16-20, 8-3-2020)

   A.   Limitations On Location Of Signs:

      1.   No sign shall be erected or maintained at the intersection of any streets in such a manner as to obstruct the free and clear vision of a driver of a vehicle or a pedestrian.

      2.   No sign shall be erected or maintained so as to prevent the free ingress or egress from any door, window, or fire escape, and no signs shall be attached to a standpipe or fire escape.

      3.   No person shall permit, maintain, or display any sign painted directly on an exterior wall, fascia or parapet of a building, fence, or chimney; except however, existing signs advertising a business operating on the same premises may be retained, provided the sign receives regular maintenance.

      4.   No sign shall be allowed or maintained if the sign shall, in any way, violate the Illinois highway advertising control act of 1971, as amended. Signs controlled by the provisions of the act, shall be in compliance therewith and no such sign shall exceed a height of thirty five feet (35') above ground level.

      5.   No person shall place, paste, print, or affix, in any manner, a handbill, sign, poster, advertisement or notice of any kind in any public right of way on any trees, light standards, telephone poles or other supporting structure.

   B.   Illumination:

      1.   Location And Design Of Light Source: Whenever an external artificial light source is used to illuminate a sign, such source shall be located, shielded and directed so as to not be visible from any public street or private residence. No receptacle or device housing a permitted light source which is attached to the sign itself shall protrude more than fifteen inches (15") from the face of the sign or building to which it is attached. If ground lighting is used to illuminate a sign, the receptacle or device should not protrude more than twelve inches (12") and must be fully screened from view by landscaping.

      2.   Level Of Illumination: In no event shall the illumination of any sign, resulting from any internal or external artificial light source, exceed one hundred (100) foot-candles at the sign face. All artificial illumination shall be so designed, located, shielded, and directed as to prevent the casting of direct light upon adjacent property or streets.

      3.   Signs Adjacent To Residential Areas: Signs located on a lot abutting a residential district or a sign within one hundred feet (100') of any residentially zoned area shall be so designed, located, shielded, and directed so as to prevent the casting of direct light upon adjacent properties or streets.

   C.   Sign Area Computation: The following principles shall control the computation of sign area:

      1.   Computation Of Area Of Individual Signs: The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, color, or other display, together with any material or color forming an integral part of the background or the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing unless such framework or bracing is made part of the message or face of the sign.

      2.   Computation Of Area Of Multiple Faced Signs: The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two (2) identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty two inches (42") apart, the sign area shall be computed by the measurement of one of the faces.

   D.   Construction And Design Standards: All signs shall meet the construction and design standards set forth for signs in the city's building code.

   E.   Litter Control: All signs and the premises surrounding the sign shall be maintained in a clean, sanitary and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds.

   F.   Maintenance: Every sign established in the city shall, at all times, be maintained in good structural condition, and be painted at least once every two (2) years, including all metal parts and supports thereof that are not galvanized or of rust resistant metals. The zoning administrator shall have the authority to inspect any sign pursuant to section 12-11-9, "Enforcement", of this chapter and order any remedial action authorized thereunder.

   G.   Landscaping Requirement: Pole and monument signs shall be required to provide and maintain landscaping at the base of the sign. The landscaping provided shall consist of a square, rectangle, oval or circle, whose area shall be three feet (3') in width on each side of the sign's base.

   H.   Wind Pressure And Dead Load Requirements: All signs and sign structures shall be designed and constructed to withstand wind pressures and dead loads as required by the city's building code.

   I.   Identification And Marking: Each sign hereafter erected or remodeled shall bear in a prominent position thereon a clearly legible identification plate, stating the name of the person responsible for its construction and erection. Electrical signs shall be marked with input amperes at full load input. (Ord. Z-24-05, 8-29-2005)

   A.   Pole Signs:

      1.   Materials: All pole signs shall have a surface or facing of incombustible material; provided, however, that combustible structural trim may be used thereon.

      2.   Construction: All letters, figures, characters, or representations in cutout or irregular form, maintained in conjunction with, attached to, or superimposed on any sign shall be safely and securely built or attached to the sign structure.

      3.   Setback: No pole sign shall be constructed closer than five feet (5') from any property line. The setback distance shall be measured from the outermost portion of sign to the property line. Where a public sidewalk is constructed over a property line, the setback shall be five feet (5') measured from the outermost portion of sign to the nearest edge of the sidewalk.

      4.   Supports: All ground signs shall be securely built, constructed and erected upon posts and standards sunk at least three feet (3') below the natural surface of the ground, and shall be supported and braced in the rear thereof, extending from the top thereof to a point in the ground of at least a distance equal to one-half (1/2) the height of such sign, measured along the ground, from the posts or standards which the same is erected.

   B.   Monument Signs:

      1.   Materials: All monument signs shall have a surface or facing of incombustible material; provided, however, that combustible structural trim may be used thereon.

      2.   Construction: All letters, figures, characters, or representations in cutout or irregular form, maintained in conjunction with, attached to, or superimposed on any sign shall be safely and securely built or attached to the sign structure.

      3.   Setback: No monument sign shall be constructed closer than five feet (5') from any property line. The distance shall be measured from the outermost portion of the sign to the property line. Where a public sidewalk is constructed over a property line, the setback shall be five feet (5') measured from the outermost portion of the sign to the nearest edge of the sidewalk.

      4.   Supports: All ground signs shall be securely built, constructed and erected in conformance with the city's building code.

   C.   Wall Signs:

      1.   Materials: All wall signs shall have a surface or facing of incombustible material; provided, however, that combustible structural trim may be used thereon.

      2.   Projection Above Sidewalk And Setback: No wall sign shall be permitted to extend more than fifteen inches (15") from the face of the wall and shall not extend past the top of the wall, nor extend beyond the ends of the wall to which the signs are attached.

      3.   Supports: All wall signs shall be safely and securely attached to the building wall. The method of attachment must be in accordance with all applicable sections of this chapter and the city's building code, details of which must be shown on the permit plans and approved by the zoning administrator.

      4.   Location: No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of the wall to which it is attached.

   D.   Awnings:

      1.   Materials: Awnings may be constructed of cloth or metal; provided, however, all frames and supports shall be of metal.

      2.   Projection Above Sidewalk And Setback: All awnings shall be constructed and erected so that the lowest portion thereof shall be not less than eight feet (8') above the level of the sidewalk or public thoroughfare. No awning shall be permitted to extend beyond a point two feet (2') inside the curb line.

      3.   Supports: Every awning shall be securely attached to and supported by the building. Posts or columns beyond the building line shall not be permitted for awnings. No awning shall be attached to the wood jambs, frames or other wood members of a building (frame buildings excepted) when such building is less than ten feet (10') from public property.

   E.   Canopies:

      1.   Materials: Canopies may be constructed of cloth or metal hood; provided, however, all frames and supports be of metal.

      2.   Projection Above Sidewalk And Setback: All canopies shall be constructed and erected so that the lowest portion thereof shall be not less than eight feet (8') above the level of the sidewalk or public thoroughfare. A canopy shall not extend more than four feet (4') beyond the front of a building or three feet (3') into the public right of way. No canopy shall be permitted to extend beyond a point two feet (2') inside the curb line.

      3.   Supports: The framework of all canopies shall be designed by an architect or structural engineer and approved by the zoning administrator and in compliance with the city's building code.

   F.   Temporary Signs:

      1.   Duration: No temporary sign shall be erected and maintained for a period in excess of 60 days, except as set forth in subsections below and pursuant to section 12-11-6 of this chapter. At the expiration of said 60 days, or other applicable duration, no sign shall be erected or maintained on the premises for a period of 30 days.

         a.    Construction related and available space signs: For new developments or existing properties with either (i) two thousand (2,000) square feet of commercial space available for sale or rent; or (ii) more than twenty-five (25) residential units located in the same development or subdivision are offered for sale or for lease. Such signage must be located on the property on which the new development or building available units or commercial space are located. Two (2) construction related and available space signs may be installed from the date a building permit for construction of the new development, units, or space is issued by the city until the date a certificate of occupancy is issued for the development, units, or commercial space by the city. After a certificate of occupancy is issued, developments or existing properties with either (i) two thousand (2,000) square feet of commercial space available for sale or rent; or (ii) more than twenty-five (25) residential units located in the same development or subdivision shall only be allowed one (1) construction related and available space sign.

         b.    Seasonal retail signs: For approved seasonal sales pursuant to a valid temporary event seasonal retail license issued in accordance with section 4-3-4 of the municipal code. Such signage shall be located on the licensed property and shall be allowed from the date the temporary event seasonal retail license is issued to the last date of the sale or ninety (90) days, whichever comes first.

      2.   Weight Limitation: Any temporary sign, regardless of exempt status, weighing in excess of fifty (50) pounds must be approved by the zoning administrator and conform to the requirements of the city's building code.

      3.   Projection Above Sidewalk And Setback: No temporary sign shall extend over or into any street, alley, sidewalk, or other public thoroughfare a distance greater than four inches (4") from the wall upon which it is erected, and shall not be placed or project over any wall opening.

      4.   Construction: Every temporary sign shall be securely fastened to a wall, building, other support structure by means of wire, cable, string, rope or other suitable material.

      5.   Limitation: The advertisement contained on any temporary sign shall pertain only to the business industry or pursuit conducted on or within the premises on which such sign is erected or maintained. This provision shall not apply to signs of a civic, political or religious nature. Temporary signs are permitted if they are in conjunction with a grand opening, special sale, promotion or similar type event.

   G.   Electronic Message Boards:

      1.   Electronic Message Board Requirements And Limitations: Electronic message boards shall be permitted only when incorporated within a new or existing pole sign or monument sign (this shall not include billboards except as permitted in accordance with subsection H of this section) or when embedded within an electric vehicle charging port. The overall sign must comply with all existing standards and regulations as set forth in this chapter. Electronic message boards incorporated into an approved sign shall be subject to the standards and regulations as set forth in section 12-11-6 of this chapter.

      2.   Electronic Message Board Standards: Monument or pole signs containing electronic message boards shall be subject to the same standards as set forth in subsections A, "Pole Signs", and B, "Monument Signs", of this section.

      3.   Permitted Types: Video display signs.

      4.   Prohibited Types: The following types of electronic message boards shall be prohibited:

         a.   Animated sign.

         b.   Flashing sign.

      5.   Permitted Districts: Electronic message boards shall be permitted in the following districts under the following conditions:

         a.   C-1 Neighborhood Shopping District as a conditional use only.

         b.   C-2 Limited Office Commercial District as a conditional use only.

         c.   C-3 General Commercial District as a permitted use.

         d.   C-4 Regional Shopping District as a permitted use.

         e.   C-5 Central Business District as a conditional use only.

         f.   C-6 Casino District as a localized alternative sign regulation plan.

         g.   M-1 Limited Manufacturing as a permitted use.

         h.   M-2 General Manufacturing as a permitted use.

         i.   M-3 Special Manufacturing as a permitted use.

         j.   I-1 Institutional as a permitted use.

         k.   R-1 Residential as a permitted use when on school property, City-owned property, or Park District-owned property, subject to the standards found in subsection 12-11-6B of this chapter.

      6.   Variations: All electronic message boards shall meet all requirements stated above and where variations are requested, the following standards shall apply:

         a.   Variations for overall height, setback and size of the monument or pylon pole signs, shall be subject to the same standards set forth in section 12-11-7, "Variations", of this chapter,except that no governmental agency shall be limited to a maximum variation request for electronic message board portions of proposed signs when it is to be used for the conveyance of public information. All signs shall remain subject to all other applicable sign standards and regulations relating to the applicable sign type and district.

      7.   Qualified EMB Property Exception: In lieu of any electronic message board allowed under the other provisions of this subsection G, one electronic message board shall be allowed as a conditional use pursuant to section 12-3-4, "Conditional Uses", of this title on any qualified EMB property subject to development standards for "electronic message boards for qualified EMB property" as written in subsection 12-11-6B of this chapter:

         a.   Occupies a parcel of land of not less than fifteen (15) acres zoned C-2 or C-3 or contiguous parcels of land of not less than fifteen (15) acres zoned C-2 or C-3 with either vehicular cross access easements or shared parking agreements that are recorded with the Cook County Recorder of Deeds;

         b.   Is improved with multi-story, multi-tenanted office building(s) that have more than four hundred thousand (400,000) square feet of rentable space;

         c.   Has a combined frontage of at least two hundred (200) linear feet on I-90 or I-294.

   H.   Electronic Message Board Billboard: A new electronic message board billboard may be permitted subject to the standards and regulations for both billboards generally and electronic message board billboards set forth in section 12-11-6 of this chapter. The static billboard panels of a qualified billboard may be converted to electronic message board panels only pursuant to an electronic message board billboard permit issued by the City, and subject to the standards and regulations for electronic message board billboards set forth in section 12-11-6 of this chapter. For the purposes of this subsection, a qualified billboard must meet the following criteria:

      1.   The billboard was erected prior to the effective date of this subsection. If the billboard is relocated in accordance with subsection 12-11-10C of this chapter, the date the billboard was originally erected, prior to relocation, will be determinative.

      2.   The billboard must be a legally conforming billboard. For the purposes of this subsection only, an applicant for an electronic message board billboard permit may establish that the existing billboard is legally conforming by either:

         a.   Providing proof that the existing billboard was erected pursuant to a valid permit issued by the City; or

         b.   Providing documentation to show that the existing billboard conforms with all of the standards and regulations as set forth for billboards in section 12-11-6 of this chapter except for the permit requirement.

         c.   Notwithstanding section 12-11-10 of this chapter, if a billboard is not legally conforming in accordance with subsection H2a or H2b of this section, the removal and replacement of the sign in the same location for the sole purpose of converting the static panels to electronic message board panels is permitted only as a conditional use pursuant to section 12-3-4 of this title, and subject to the standards and regulations for electronic message board billboards as set forth in section 12-11-6 of this chapter.

      3.   The billboard must have a valid IDOT sign permit.

      4.   The billboard must be located within six hundred sixty feet (660') of I-90 or I-294.

   I.    Portable A-Frame Signs:

      1.    Materials: A-frame signs shall be constructed of durable plastic, metal, wood, or other approved non-combustible materials. The sign shall be constructed so as to not blow away.

      2.    Location: An A-frame sign shall be located no farther than fifteen (15) feet from the main customer entrance of the business advertised on the A-frame sign and within such business' tenant frontage. A-frame signs located within the public right-of-way shall only be approved when a license agreement is executed between the sign owner and the zoning administrator. The A-frame sign shall not be located within a path required for ADA accessibility and all A-frame sign elements shall be located at least three (3) feet away from the curb of any roadway.

      3.    Time and Duration: An A-frame sign shall only be displayed during the hours of business operation. A sign permit is required for each A-frame sign and each permit is valid for one (1) year.

   J.    Marquee Signs:

      1.    Materials: Marquee signs shall be constructed of metal, aluminum or other durable, non-combustible materials and shall be attached to the primary structure.

      2.    Location: A marquee sign shall be constructed above the main customer entrance of a commercial theatre.

      3.    Projection Above Sidewalk and Setback: Marquee signs may be allowed to project onto the public right-of-way subject to the approval of the zoning administrator, but the edge of the sign shall be setback at least one foot (1') from the curb of the roadway. (Ord. Z-24-05, 8-29-2005; amd. Ord. Z-10-11, 5-2- 2011; Ord. Z-8-14, 4-7-2014; Ord. Z-14-15, 7-6-2015; Ord. Z-9-16, 6-6-2016; Ord. Z-21-17, 9-18-2017; Ord. Z-17-2018, 6-18-2018; Ord. Z-17-19, 7-1-2019; Ord. Z-16-20, 8-3-2020; Ord. Z-55-21, 12-6-2021; Ord. Z-36-2022, 11-21-2022; Ord. Z-52-21, 12-6-2021)

   A.   Residential Districts, Including The MH-1 Mobile Home Park District: It shall be unlawful for any person to construct or maintain a sign in any residential district or the MH-1 Mobile Home Park District, except as follows:

 

   B.   Commercial, Manufacturing And Institutional Districts: It shall be unlawful for any person to construct or maintain a sign in any commercial district, manufacturing district, or the I-1 Institutional District, except as follows. A property may incorporate both wall and monument signs or wall and pole signs. The use of monument signs in conjunction with pole signs is prohibited; provided, however, if a property is eligible to contain two pole signs or two monument signs, then the property may construct a combination of a pole sign and a monument sign as long as each sign is at least 200 feet apart.

Monument or pole signs containing electronic message boards shall be subject to the same standards as set forth in this subsection, except that only one electronic message board will be permitted per lot. In the event that a single business exists on multiple lots or in the case of a business park or retail center, only one electronic message board will be permitted overall.

 

(Ord. Z-24-05, 8-29-2005; amd. Ord. Z-11-07, 3-19-2007; Ord. Z-23-07, 9-17-2007; Ord. Z-10-11, 5-2-2011; Ord. Z-27-11, 9-19-2011; Ord. Z-17-14, 8-4-2014; Ord. Z-32-14, 12-15-2014; Ord. Z-14-15, 7-6-2015; Ord. Z-9-16, 6-6-2016; Ord. Z-29-16, 12-5-2016; Ord. Z-21-17, 9-18-2017; Ord. Z-17-19, 7-1- 2019; Z-4-20, 1-21-2020; Ord Z-16-20, 8-3-2020; Ord. Z-52-21, 12-6-2021; Ord. Z-55-21, 12-6-2021; Ord. Z-33-22, 11-7-2022; Ord. Z-36-22, 11-21-2022)

A variation from the strict application of these provisions may be sought pursuant to section 12-3-6, "Variations", of this title. However, no variation may be granted which increases any dimension (height, length, width or area) to an amount over fifty percent (50%) of the corresponding dimensions normally permitted by this chapter. (Ord. Z-27-11, 9-19-2011)

   A.   Authority: Commercial shopping centers and multi-building commercial or institutional developments including, without limitation, office parks, universities, colleges, medical centers, planned unit developments, may establish a localized alternative sign regulation plan for their property subject to review and approval by the Planning and Zoning Board pursuant to the procedures for conditional uses found in section 12-3-4, “Conditional Uses”, of this title.

   B.   Application: Applications for a localized alternative sign regulation plan shall be filed in accordance with the requirements of section 12-3-4, "Conditional Uses", of this title.

   C.   Sign Plan: No localized alternative sign regulation plan shall be approved by a conditional use permit unless the regulations set forth in the plan and made part of the conditional use permit are binding on all real property and premises in the plan area.

   D.   Adherence: If approved, the localized alternative sign regulation plan limits and controls the use and location of signs on the subject property and must be observed by the persons affected in lieu of compliance with section 12-11-7 of this chapter.

   E.   Changes to Localized Alternative Sign Regulation Plans After Approval: Any changes to signs on a property for which a local alternative sign regulation plan has already been approved require the approval and recordation of a new alternative sign regulation plan for the property as follows:

      1.   "Major Changes": Major changes are modifications that alter the concept or intent of the Localized Alternative Sign Regulation or include signs that do not meet the standards for the respective sign type(s) in the underlying zoning district, including, without limitation, the following:

         a.   The addition of new signs that exceed or otherwise do not conform to district regulations regarding sign type, quantity, size, location, or design;

         b.   The relocation of any existing sign to a location that would not be permitted by the regulations for the underlying district or sign type;

         c.   The increase in height or area of any existing sign beyond the allowable limits of the underlying district or sign type; and

         d.   The conversion or replacement of any existing signs to a different sign type, including but not limited to from unilluminated to internal illumination or static to electronic messaging; provided, however, that changes in material, color, or copy alone may be categorized as Minor Changes upon a determination of the Director of Community and Economic Development.

      Major changes require the submission by the applicant of a new local alternative sign regulation plan application that will be processed and approved in the same manner as required of an original application.

      2.   "Minor Changes": Minor changes are modifications that are not defined as major changes, do not alter the concept or intent of a Localized Alternative Sign Regulation, and conform with the sign regulations in the underlying zoning district. The Director of Community and Economic Development may approve minor changes to a local alternative sign regulation plan through the administrative adjustment process without the review or approval of the Planning and Zoning Board or City Council. The Department of Community and Economic Development will maintain records of all approved minor changes to local alternative sign regulation plans.

      3.   Recordation and Binding Effect: The amended local alternative sign regulation plan must be recorded with the county recorder's office and is binding on the applicants, their successors, grantees and assigns. (Ord. Z-16-12, 6-4-2012; amd. Ord. Z-29-15, 10-5-2015; Ord. Z-12-23, 7-17-2023)

   A.   Enforcement Authority: The Zoning Administrator is hereby authorized to enforce the provisions of this chapter.

   B.   Inspection: The Zoning Administrator may inspect, at such times as he deems necessary, each sign or sign structure regulated by this chapter for the purpose of ascertaining whether the sign is in compliance with this chapter or any other relevant City Code, law or ordinance.

   C.   Unsafe And Unlawful Signs:

      1.   Duty To Remove Or Repair:

         a.   Should the Zoning Administrator find any sign regulated by this chapter to be unsafe, unlawful, or a menace to the public, or constructed, erected, or maintained in violation of the provisions of this chapter, he shall cause notice to be given to the holder of the permit.

         b.   If the holder of the permit should fail to remove the sign or bring the sign or other advertising structure into compliance, the Zoning Administrator may cause, at the holder's or property owner's expense, the sign or other advertising structure to be removed or brought into compliance.

         c.   If the holder or owner fails to pay the costs and expenses of such repair or removal within thirty (30) days of the notice, then such costs and expenses shall become a lien against the property. In addition, the Zoning Administrator shall refuse to issue a sign permit to any holder or owner who refuses to pay the costs and expenses assessed under this provision.

      2.   Unlawful Signs: Unlawful signs, regardless of type, shall be removed within twenty four (24) hours of the time when notice was perfected.

      3.   Signs Causing Immediate Peril: The Zoning Administrator may cause any sign or other advertising structure which is in immediate peril to persons or property to be removed summarily without notice.

   D.   Signs No Longer In Use:

      1.   Removal: Any sign advertising a defunct business, or an unavailable product or service, shall be taken down and removed by the owner, agent, or person having the control of the premises upon which the sign is located.

      2.   Notice: The Zoning Administrator shall give notice to the owner or to any person occupying the property that the sign on his premises is in violation.

      3.   Failure To Comply: Failure to comply with the notice within the time specified shall cause the Zoning Administrator to authorize removal. Expenses related to removal shall be the responsibility of the owner of the premises upon which such sign is located.

      4.   Lien: The Zoning Administrator shall notify the owner or occupant of the premises of the total costs incurred for such repair or removal of the sign. If the owner or occupant fails to pay the costs and expenses of such repair or removal within thirty (30) days of the notice, then such costs and expenses shall become a lien against the property. (Ord. Z-24-05, 8-29-2005)

   A.   Authority To Continue: Any lawful sign located within the City at the effective date hereof which does not conform to the provisions of this chapter, may continue provided, the sign remains in conformance with the provisions of this section.

   B.   Conditions Of Lawful Status: For the purposes of this chapter, legal nonconforming status shall be conferred only on signs authorized by a sign permit or variance of a preceding ordinance, Code, or law; or if no sign permit was required under the applicable preceding laws, the sign was otherwise in compliance with the requirements of the preceding ordinance, Code, or law. (Ord. Z-24-05, 8-29-2005)

   C.   Loss Of Lawful Status: Legal nonconforming status shall terminate if a sign is structurally altered such that its nonconforming aspects increase; or the sign is relocated, replaced, or moved in any way; or the sign is damaged and the cost of repair is fifty percent (50%) of its replacement value; or where an application for development review is filed for the property on which the sign is located. Upon the happening of any of the aforementioned events, the sign shall be immediately brought into compliance with this chapter in conjunction with a new sign permit or the sign shall be removed. For the purpose of this subsection the changing of copy shall not be considered the replacement of an existing legal nonconforming sign. Legal nonconforming status shall not terminate for a billboard sign that is required to be removed by a governmental agency for the purpose of roadway construction; provided, however, that the relocated billboard sign shall be constructed no later than one year after the removal of the original billboard sign, shall be located within five hundred feet (500') of the location of the original billboard sign, and shall conform to all of the standards and requirements for billboards set forth in subsection 12-11-6B of this chapter, but shall not be subject to the limitation on the number of billboards permitted. (Ord. Z-15-15, 5-4-2015)

   D.   Ordinary Maintenance And Repair: Nothing in this section shall relieve the owner or beneficial user of a legal nonconforming sign, or the owner of the property on which the legal nonconforming sign is located from the provisions of this chapter regarding safety, maintenance, and repair. Normal maintenance, including repainting, cleaning, or routine repair of a legal nonconforming sign shall not be deemed to be a condition which triggers a loss of lawful status described above, unless such maintenance increases, in fact, the nonconforming aspects of the sign. (Ord. Z-24-05, 8-29-2005)

All rights and privileges acquired under the provisions of this chapter are mere licenses and are revocable at any time by the City. Revocation of a sign permit will be in accordance with chapter 4, "Enforcement And Penalties", of this title. Except where needed to determine if a sign meets the requirements set forth in this chapter, no official or employee of the City shall consider the content of a proposed sign when considering granting of a permit or taking any governmental action regarding the proposed sign. (Ord. Z-24-05, 8-29-2005)