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Effingham City Zoning Code

ARTICLE 24

- REGULATION OF SIGNS4

24-1. Policy. Except as expressly provided in this Article, all Signs located within the corporate limits and extraterritorial jurisdiction of the City of Effingham, Illinois, shall be located, erected, altered, used, enlarged, expanded, operated, maintained or relocated in accordance with the provisions of this Article, as amended from time to time, and with the applicable provisions of this Appendix B of the Municipal Code of Effingham.

(Ord. No. 114-2017, § 4, 12-19-2017)

24-2. Intent. The Mayor and City Council recognize that the visual environment has an effect upon the welfare of the citizens of Effingham and that the careful control of Signage can preserve and enhance public health, safety, and welfare of the City. These Sign regulations are adopted to create a fair and balanced system of Sign regulations recognizing both the needs of the business community and to preserve and protect the property values of the City's residential neighborhoods.

(Ord. No. 114-2017, § 4, 12-19-2017)

24-3. Sign Permits.

A.

Permit Required; Conditions. No Sign may be erected, altered, used, enlarged, expanded, operated, maintained, or relocated within the corporate limits and extraterritorial jurisdiction of the City of Effingham, Illinois, without a Sign Permit issued therefor by the City of Effingham, if it is as follows:

(1)

If it is a new Sign;

(2)

If an existing Sign is being moved to a new location;

(3)

If an existing Sign is being enlarged in any manner;

(4)

If an existing Sign is being replaced with a similar Sign of a new material; or,

(5)

If structural modifications or changes greater than 50% of the total Sign are made other than routine maintenance work.

B.

Application Form. An application for a Sign Permit, along with payment of the required Permit Fee as provided in subparagraph G of this Section 24-3, shall be submitted to the Building Official of the City of Effingham, Illinois, in that form of the Sign Permit Application, provided for in Exhibit A of this Article 24, as amended from time to time.

C.

Responsibility to Obtain Permit. It is the responsibility of the owner of the Sign directly, or through his or her agent or contractor, to secure the appropriate Sign Permit.

D.

Application Review. A completed Sign Permit Application, containing all required information and/or documentation, shall be examined by the Building Official of the City of Effingham, or his/her designee, within 30 calendar days after filing. If the application does not conform to the requirements of this Article 24, as well as all other applicable ordinances, laws, rules and regulations of the City of Effingham, the Building Official, or his/her designee, shall reject such application in writing, stating the reasons therefor. Furthermore, if the Building Official, or his/her designee, requests additional information and/or documentation as part of the permit application, and the applicant fails to provide said information and/or documentation in a timely manner, said permit application shall be rejected and said applicant shall be required to resubmit a new application for a Sign Permit.

If the Building Official, or his/her designee, is satisfied the Sign conforms to the requirements of this Article 24, and all other applicable ordinances, laws, rules and regulations, the Building Official shall issue a Sign Permit therefor. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the Building Official, or his/her designee, in his/her sole discretion, that the Sign proposed under the application shall be in full compliance with the requirements of this Article, as well all other applicable ordinances, laws, rules and regulations of the City of Effingham.

E.

Display of Permit. The Sign Permit shall be on display on the property where the Sign is to be located at the time of the beginning of erection, alteration, or expansion, and for the next seven calendar days.

F.

Exemption. The following Signs need not secure a Sign Permit, provided, however, that these Signs must meet all other requirements of this Article:

(1)

The maintenance or repair of an existing Sign, if not more than fifty percent (50%) of the Surface Area of a Sign nor more than fifty percent (50%) of the fair market value of the entire Sign is being maintained or repaired;

(2)

Construction Sign (erected after construction has commenced) identifying the developer, builder, owner, architect, source of financing, and/or other similar information;

(3)

Window Promotional Signs;

(4)

Yard sale Signs;

(5)

Signs permitted for home occupations.

(6)

Signs designating historic places and buildings;

(7)

Political Signs;

(8)

Temporary real estate Signs advertising real estate for sale, rent or lease;

(9)

Temporary Signs, pennants, Banners, and Portable Signs; and,

(10)

Drive-thru menu boards.

(11)

Directional Signs less than six square feet.

G.

Permit Fee. The applicant for a Sign permit shall pay a fee to the City through the office of the City Clerk. The fee assessed shall be related to the Sign size in accordance with the City's Building, Electrical, and Plumbing Comprehensive Fee Schedule, as amended from time to time.

(Ord. No. 114-2017, § 4, 12-19-2017)

24-4. Prohibited Signs. The following Signs are prohibited in all districts, irrespective of whether such signs conform to the requirements contained in Sections 24-6 through 24-8:

A.

Off-Premises Signs with a surface area over 300 square feet;

B.

Pennants, propellers, paddle wheels, streamers, spinners or other attraction devices designed to be set in motion by the wind, except as permitted in Section 24-8 of this Article, Special Signs;

C.

Festoon Lights;

D.

Moving Signs except as allowed by Subsection (A) (5) of Section 24-8 of this Article, Nonresidential Regulations;

E.

Flashing Signs;

F.

Bare bulb Illumination exceeding 25 watts per bulb; and,

G.

Portable Signs, except as allowed in Section 24-8 of this Article, Special Signs.

H.

Temporary signs, pennants, and Banners, except as allowed in Section 24-8 of this Article, Special Signs.

I.

Axled vehicles and trailers used for advertisement that are parked on a parcel of property for more than 30 days shall be considered a Sign and shall require a permit in accordance with the provisions of this Article 24.

(Ord. No. 114-2017, § 4, 12-19-2017)

24-5. Illumination. All Signs except those for one, two, three and four dwelling units and for home occupations may be illuminated provided that it conforms to the following restrictions:

A.

The light source shall be shaded, shielded, or directed so that the light intensity or brightness shall not adversely affect surrounding or facing premises, including the interior of a building, or public streets;

B.

No directed or reflected light from a light source for an Illuminated Sign shall create a traffic hazard or adversely affect the safe vision of operators of motor vehicles; and,

C.

No directed or reflected light from a light source for an Illuminated Sign shall shine on or into neighboring residential structures.

(Ord. No. 114-2017, § 4, 12-19-2017)

24-6. Residential Regulations. This Section regulates all Signs erected in all areas within the corporate limits and extraterritorial jurisdiction of the City of Effingham, Illinois, zoned R-l, R-2, R-3A, R-3B, R-3C, R-3D, PRD, and NU District.

A.

Location of Signs. Signs may be erected at any location on private property subject to the following restrictions:

(1)

Signs erected on the property utilized as or improved with multiple dwellings or for home occupations must be Flush Wall Signs.

(2)

All other residential zones or residential uses, other than those described in subparagraph (A)(1) of this Section 24-6, must either have at least 20 feet of setback from the Street Curb Line (extended vertically), or have at least eight feel of clearance between the base of the Sign and the ground; and, no part of any Freestanding or building Sign may be erected so as to suspend over or otherwise encroach upon any public right-of-way.

(3)

No Sign may be erected on the roof of any structure, or be erected on the Building Façade so that any portion of the Sign exceeds the height of the Building Façade.

B.

Height of Signs. For uses not specifically controlled by other Sections of this Article, Signs may be erected to the height of 12 feet above the ground or the maximum height of the Building Façade, whichever is less,

C.

Sign Area.

(1)

For one, two, three and four unit dwellings, up to six square foot per dwelling unit.

(2)

For home occupations — up to six square feet.

(3)

For schools, government buildings, churches and public auditoriums — up to 72 square feet.

(4)

For multi-unit dwelling developments that are more than four units and Manufactured Home Park (Trailer Park or Mobile Home Park)—one which shall not be smaller than 12 square feet and shall not exceed 72 square feet.

(5)

For lodging or bed and breakfast establishments and inns — up to 16 square feet.

(6)

Other uses not listed above — one square foot of Sign area for each lineal foot of Building Frontage. (Such Sign shall not be larger than 72 square feet.)

D.

Illumination. Signs may be Illuminated except Signs for one, two, three, and four unit dwellings and for home occupations. The Illumination may not flash in any manner.

E.

Movement. Signs in these R-l, R-2, R-3A, R-3B, R-3C, R-3D and NU District zones may not move in any manner.

F.

Number of Signs.

(1)

Freestanding Signs when allowed — one per street frontage (50 feet of frontage, minimum).

(2)

Architectural Signs — there is no limit on the number of Architectural Signs subject to the provisions for Sign Area, contained within subparagraph (C) of this Section 24-6,

G.

Business and Locations Not Allowed Freestanding Signs:

(1)

Individual businesses within a Business Development;

(2)

Home occupations;

(3)

One, two, three and four dwellings units; and,

(4)

Lots with less than 50 feet of Lot Frontage. For comer lots, this limitation shall refer to the shortest Lot Frontage dimension,

(Ord. No. 114-2017, § 4, 12-19-2017; Ord. No. 099-2023, § VII, 12-19-2023)

24-7. Nonresidential Regulations. This Section regulates all Signs erected within the corporate limits and extraterritorial jurisdiction of the City of Effingham, Illinois, zoned R-4, B-1, B-2, B-3, B-4, B-5, POM, PUD-C, M-1 and M-2 Districts, and those zoned R-3C and R-3D District that have a special use permit as specifically detailed in subparagraph (C)(8)(e) of this Section 24-7.

A.

Freestanding Signs. The following regulations apply to Freestanding Signs only. Architectural Signs are regulated by paragraph (B) of this Section 24-7.

(1)

Location of Signs. Freestanding Signs may be erected at any location on private property within the following restrictions:

(a)

All Freestanding Signs must either have at least 20 feet of setback from the Street Curb Line (extended vertically), or have at least eight feet of clearance between the base of the Sign and the ground; and, no part of any Freestanding Signs may be erected on, or so as to suspend over, or otherwise encroach upon, any public right-of-way.

(b)

No Freestanding Signs shall be erected within 50 feet of any R or NU District, except the R-4 District.

(c)

Off-Site Freestanding Signs shall be separated from all Freestanding Signs by 100 feet.

(2)

Material. All Freestanding Signs over 72 square feet in area and 26 feet in height shall have structural elements of steel, double pedestal, and double faced construction in compliance with all City building codes, and be subject to the approval of the City of Effingham Building Official, which said approval shall be at the sole discretion of the said Building Official.

(3)

Height of Signs.

(a)

Freestanding Signs may be erected to a maximum height of 26 feet from the ground in R-3C and R-3D Districts that have a special use permit as specifically detailed in subparagraph (C)(8)(e) of this Section 24-7, and all commercial and industrial zones, except the R-4 Zone. All Signs shall be measured from the ground to the highest point on the Sign, The allowable height of the Sign in all districts may be subject to FAA Requirements.

(b)

Off-Site Freestanding Signs shall have the same height restrictions as stated in subparagraph (A)(3)(a) of this Section 24-7.

(c)

Any Sign over 26 feet in height shall require foundation plans, stamped by a structural engineer or architect, and be approved by the Building Official.

(d)

All Signs over 26 feet in height shall have structural elements of steel, double pedestal, and double faced construction in compliance with all City building codes and approved by the Building Official.

(e)

Freestanding signs within the R-4 Zone can be erected to a maximum height of 5 feet.

(4)

Sign Area.

(a)

One and two-sided Signs. A Freestanding Sign in all commercial and industrial zones, except the R-4 Zone shall allow a maximum of 72 square feet per side.

(b)

Signs with more than two sides. The maximum surface area shall be determined by division (A)(4)(a) of this section. The total area allowed for a Sign with more than two sides shall be divided equally on the number of sides desired.

(c)

A Freestanding sign in the R-4 Zone shall allow a maximum of 16 square feet per side.

(5)

Illumination. Signs may be Illuminated. The total Illumination of the Sign shall not change in intervals shorter than three seconds. More rapid change in Illumination constitutes a Flashing Sign, which is prohibited by this Article. Time and Temperature Signs and Electronic Message Boards are permitted and are not considered to be "Flashing" Signs. No Illuminated Sign shall be erected within 50 feet of any residential property, including the R-4 and NU Zones.

(6)

Movement. Signs may have no more than one unit, which rotates in an uninterrupted manner not to exceed six revolutions per minute. No other movement or appearance of movement is permitted, except for Time and Temperature Signs and Electronic Message Boards, which are permitted to have information, or objects move across their display area in a readable manner.

(7)

Number of Signs.

(a)

One permitted Freestanding Sign per parcel located only on that street frontage.

(8)

The Following Businesses are Permitted Freestanding Signs.

(a)

Individual businesses in individual buildings.

(b)

Business Development Complex and Shopping Centers showing all tenants or occupants of the Business Development Complex or Shopping Center.

(c)

Satellite Businesses within a Shopping Center Area.

(d)

Movie theaters and auditoriums in Shopping Centers and Business Development Complex.

(e)

Hospital or institutions with a special use permit authorized by subparagraph (A)(7) of Section 26-1 of this Appendix B that are located within an R-3C or R-3D District, offices and clinics operated by physicians, dentists, or other members of the healing arts with a special use permit authorized by subparagraph (A)(17) of Section 26-1 of this Appendix B, and a pharmacy with a special use permit authorized by subparagraph (A)(18) of Section 26-1 of this Appendix B.

(9)

Businesses Not Permitted Freestanding Signs. Individual businesses, which are contained in a Shopping Center, in home business or Business Development Complex, except movie theaters or auditoriums.

B.

Architectural Signs. The following regulations apply to Architectural Signs only. Freestanding Signs are regulated by paragraph (A) of this Section 24-7.

(1)

Location of Signs. Architectural Signs may be erected any place on private property within the following restrictions:

(a)

No Sign may be erected closer than three feet to any street or alley curb line (projected vertically);

(b)

No Sign may project more than one foot from any Building Façade, except as provided below:

1.

Signs painted or mounted flush on a canopy or awning, which is located entirely on private property shall not be subject to the one foot maximum projection restriction;

2.

Signs on a canopy or awning which is located entirely on private property, other than painted or Flush Mounted Signs, shall be mounted parallel to the Building Façade and shall not project more than one foot from the Building Façade or one foot from the outer edge of the awning or canopy on which it is mounted, whichever is greater;

3.

Signs in a B-3 District may exceed the one foot from the Building Façade provided subparagraph (B)(1)(a) of this Section 24-7 is met.

(c)

Any Sign which projects or suspends over any sidewalk, public or private, must have eight feet of clearance between the base of the Sign and the sidewalk surface;

(d)

All Signs, which suspend over a public right-of-way must have at least eight feet of clearance between the base of the Sign and the ground;

(e)

The owner of any Sign suspended over public right-of-way agrees to indemnify and hold the City harmless from any liability which may arise by reason of the Sign being projected or suspended over the public right-of-way;

(f)

Off-Site Architectural Signs are not allowed in any district;

(2)

Material. Architectural Sign material must meet all City building codes and be approved by the Building Official.

(3)

Height of Signs. Architectural Signs may not project more than five feet above the top of the Building Façade to which the Sign is attached.

(4)

Sign Area. Signs may be erected on the Building Façade with a total Sign area not to exceed twenty-five percent (25%) of the total area of the Façade to which the Sign is attached. The area of the Architectural Sign does not count toward the area of the Freestanding Sign as limited in subparagraph (A)(4) of this Section 24-7.

(5)

Illumination. Signs may be Illuminated. The total Illumination of the Sign shall not change intervals shorter than three seconds. More rapid change in Illumination constitutes a Flashing Sign, which is prohibited by this Article, Time and Temperature Signs and Electronic Message Boards are permitted and are not considered to be a Flashing Sign.

(6)

Movement. Signs may have no more than one unit, which rotates in an uninterrupted manner not to exceed six revolutions per minute. No other movement or appearance of movement is permitted, except for Time and Temperature Signs and Electronic Message Boards, which are permitted to have information, or objects move across their display area in a readable manner.

(7)

Number of Signs. There is no limit on the number of Architectural Signs per parcel except as restricted by the Sign Area provisions, subparagraph (B)(4) of this Section 24-7.

(8)

Business Permitted Architectural Signs. All businesses are permitted Architectural Signs on the premises of the business.

C.

Development Complex Signs. The following regulations apply to Development Complex Signs only.

(1)

Location of Signs. Development Complex Signs may be erected any place on private property within the following restrictions:

(a)

All Development Complex Signs must either have at least 20 feet of setback from the Street Curb Line (extended vertically), or have at least eight feet of clearance between the base of the Sign and the ground; and no part, of any Freestanding Signs may be erected on, or so as to suspend over, or otherwise encroach upon, any public right-of-way.

(b)

No Development Complex Sign shall be erected within 50 feet of any R or NU District, except the R-4 District, or a R-3C or R-3D District that has a special use permit as specifically detailed in subparagraph (C)(8)(e) of this Section 24-7.

(c)

Off-Site Development Complex Signs shall be separated from all other Signs by 100 feet.

(2)

Material. All Development Complex Signs over 72 square feet or 12 feet in height shall have structural elements of steel, double pedestal, and double faced construction in compliance with all City building codes and approved by the Building Official.

(3)

Height of Signs.

(a)

Development Complex Signs may be erected to a maximum height of 26 feet from the ground, unless located on real estate which is zoned B-5, Highway Commercial, in which case any such Sign may be erected to a maximum height of 35 feet measured from the ground to the highest point on the Sign.

(b)

Development Complex Signs shall not be allowed in the R-4 Zone.

(c)

Off-Premise Development Complex Signs shall have the same height restrictions as stated in Subparagraph (C)(3)(a) of this Section 24-7.

(d)

Any Sign over 26 feet in height shall require foundation plans, stamped by a structural engineer or architect, and be approved by the Building Official.

(4)

Sign Area.

(a)

One and two-sided Signs. A basic maximum of 250 square feet per side is allowed in R-3C and R-3D Districts that have a special use permit as specifically detailed in subparagraph (C)(8)(e) of this Section 24-7, and all commercial and industrial zones, except the R-4 Zone. Real estate zoned B-5, Highway Commercial District, may be increased to a maximum of 350 square feet per side.

(b)

Signs with more than two sides. The maximum Surface Area shall be determined by subparagraph (C)(4)(a) of this Section 24-7. The total Surface Area allowed for a Sign with more than two sides shall be divided equally on the number of sides desired.

(5)

Illumination. Signs may be Illuminated. The total Illumination of the Sign shall not change in intervals shorter than three seconds. More rapid change in Illumination constitutes a Flashing Sign, which is prohibited by this Article. Time and Temperature Signs and Electronic Message Boards are permitted and are not considered to be Flashing Signs. No Illuminated Sign shall be erected within 50 feet of any residential property, including the R-4 and NU Zones, except Illuminated signs are allowed in the R-3C and R-3D Districts that have a special use permit as specifically detailed in subparagraph (C)(8)(e) of this Section 24-7.

(6)

Movement. Signs may have no more than one unit, which rotates in an uninterrupted manner not to exceed six revolutions per minute. No other movement or appearance of movement is permitted, except for Time and Temperature Signs and Electronic Message Boards, which are permitted to have information, or objects move across their display area in a readable manner.

(7)

Number of Signs.

(a)

No more than one Development Complex Sign is permitted on any street frontage for each parcel.

(b)

Off-Site Development Complex Signs shall be separated from all other Signs by 100 feet.

(8)

The Following Businesses are Permitted Development Complex Signs:

(a)

Multiple businesses in the same building.

(b)

Business Development and Shopping Centers allowing space for all tenants or occupants of the Business Development or Shopping Center.

(c)

Satellite Businesses within a Shopping Center Area.

(d)

Movie theaters and auditoriums in Shopping Centers and Business Development.

(e)

Hospital or institutions with a special use permit authorized by subparagraph (A)(7) of Section 26-1 of this Appendix B that are located within an R-3C or R-3D District, offices and clinics operated by physicians, dentists, or other members of the healing arts with a special use permit authorized by subparagraph (A)(17) of Section 26-1 of this Appendix B, and a pharmacy with a special use permit authorized by subparagraph (A)(18) of Section 26-1 of this Appendix B.

(9)

Businesses Not Permitted Development Complex Signs: Individual businesses, which are contained in a Shopping Center, in home business or Business Development Complex, except movie theaters or auditoriums.

D.

Pylon Signs. The following regulations apply to Pylon Signs only. Freestanding Signs are regulated by paragraph (A) of this Section.

(1)

Location of Signs. Pylon Signs are only permitted on real estate zoned B-5, Highway Commercial District, with the following restrictions:

(a)

All Pylon Signs must either have at least 20 feet of setback from the Street Curb Line (extended vertically), or have at least eight feet of clearance between the base of the Sign and the ground; and, no part of any Pylon Sign may be erected on, or so as to suspend over, or otherwise encroach upon, any public right-of-way.

(b)

No Pylon Sign shall be erected within 50 feet of any R or NU District, except the R-4 District.

(c)

Off-Premises Pylon Signs are not allowed in any zoning District.

(2)

Material. All Pylon Signs shall have structural elements of steel, double pedestal, and double faced construction in compliance with all City building codes and approved by the Building Official.

(3)

Height of Signs.

(a)

Pylon Signs may be erected to a maximum of 150 feet from the ground in B-5 zoned properties only. All Signs shall be measured from the ground to the highest point on the Sign. The allowable height of the Sign may be subject to FAA Requirements.

(b)

Any Sign over 26 feet in height shall require foundation plans, stamped by a structural engineer or architect, and be approved by the Building Official.

(4)

Sign Area.

(a)

One and two-sided Signs. A Pylon Sign in the B-5 Zone shall allow a maximum of 300 square feet per side.

(b)

Signs with more than two sides. The maximum Surface Area shall be determined by subparagraph (D)(4)(a) of this Section 24-7. The total Surface Area allowed for a Sign with more than two sides shall be divided equally on the number of sides desired.

(5)

Illumination. Pylon Signs may be Illuminated. The total illumination of the Sign shall not change in intervals shorter than three seconds. More rapid change in Illumination constitutes a Flashing Sign, which is prohibited by this Article. Time and Temperature Signs and Electronic Message Boards are permitted and are not considered to be Flashing Signs. No Illumination shall be erected within 50 feet of any residential property, including the R-4 and NU Zones.

(6)

Movement. Pylon Signs may have no more than one unit, which rotates in an uninterrupted manner not to exceed six revolutions per minute. No other movement or appearance of movement is permitted, except for Time and Temperature Signs and Electronic Message Boards, which are permitted to have information, or objects move across their display area in a readable manner.

(7)

Number of Signs. One Pylon Sign per parcel located in a B-5, Highway Commercial District may be erected on the property.

(8)

Business Permitted Pylon Signs. All businesses are permitted one Pylon Sign on the premises of the business in accordance with subparagraph (D)(1).

(Ord. No. 114-2017, § 4, 12-19-2017; Ord. No. 021-2019, § 2, 5-21-2019)

24-8. Special Signs. In addition to the Signs authorized in each district as established in Sections 24-6 and 24-7 of this Article, the following Signs are also authorized subject to the conditions established in this Section. Height of Signs allowed in this Section shall not exceed the allowable Sign height for the district where the Sign is to be erected, unless otherwise specified by this Section.

A.

Real Estate Sign. Real estate Signs advertising property or buildings for sale, rent or lease arc authorized in the following districts for the period of time while the property is available for sale, rent or lease and for not more than 14 days after the sale, rental or leasing of the property or building. No Sign may be erected on, suspended over, or encroached upon the public right-of-way. No real estate Sign shall be erected so as to obstruct the visual clearance needed for safe vehicular and pedestrian traffic. Directional real estate Signs must be placed on private property with the property owner's permission and will not be allowed on public right-of-way.

(1)

In all Industrial Zoned Districts, including the NU Zoned District:

(a)

One Sign per each 800 feet of frontage;

(b)

A maximum of 100 square feet of Sign surface area per side, two sides permitted;

(c)

The Sign, if Freestanding, must have eight feet of ground clearance or maintain a 20 foot setback from any Street Curb Line,

(2)

In all Commercial Zoned Districts:

(a)

One Sign per lot frontage;

(b)

A maximum of 32 square feet of Sign surface area per side, two sides permitted;

(c)

The Sign, if Freestanding, must have eight feet of ground clearance or maintain a 20 foot setback from any street curb line;

(3)

In all residentially zoned districts:

(a)

One Sign per lot frontage;

(b)

Maximum of six square feet of Sign surface area per side, two sides permitted;

B.

Temporary Construction Signs for Building or Projects. Signs stating the nature and name of the building or project, the names of contractors, architects, engineers, or officials, financial information, or any information required by law, are permitted in various districts subject to the following provisions:

(1)

Any such Temporary Sign required by government for a project shall be permitted;

(2)

In all Zoned Districts a maximum of 32 square feet per side, two sides permitted (except where governmental standards require a larger Sign in which case such Sign shall be permitted).

(3)

Signs may not be erected more than 30 days prior to the beginning of actual construction of the building or project and shall be removed when construction is substantially completed. If the Sign is erected and if the construction is not initiated within 30 days after the Sign is erected, said Sign shall be removed and shall not thereafter be erected again until actual construction has begun. The Sign must be removed within 60 days of completion of construction.

C.

Signs Designating Historic Areas or Buildings. Signs denoting historic buildings or areas may be erected subject to the following provisions:

(1)

Signs designating historic sites, areas, or districts shall be no larger than:

(a)

50 square feet in industrial zoned districts;

(b)

12 square feet in all other zoning districts,

(2)

Signs designating historic buildings shall be Flush Wall Signs on the building so designated and shall be no larger than two square feet in all zoning districts.

D.

Minor Directional Signs. Signs for and within Shopping Centers, Business Developments or individual business establishments and their parking areas, which guide automobile and pedestrian traffic, shall not be allowed on public right-of-way. Signs less than six square feet are not required to be permitted.

E.

Political Signs. Political Signs are permitted in all areas of the City subject to the following provisions:

(1)

No Political Sign may be attached to utility poles, trees on public right-of-way, street light poles, street Signs, traffic Signs, fire hydrants, or any other property owned or controlled by the City.

(2)

No Political Signs can be erected more than 60 days in advance of an election and all Political Signs must be removed within seven days after an election.

F.

Temporary Signs and Banners in General. Temporary Signs, pennants, and Banners including Portable Signs are allowed for promoting special community activities, special events, charity drives, activities of nonprofit organizations, or special events for individual business establishments, subject to the following provisions:

(1)

Maximum surface area: 100 square feet per side, two sides permitted.

(2)

Maximum height: Six feet, if Freestanding.

(3)

Maximum exposure time:

(a)

30 days per event sponsored by not-for-profit organizations where the Sign, banner, etc., is stretched between two light posts, a building and post or a similar situation where there is created an overhead banner supported from two ends.

(b)

Banners suspended from a building or existing Freestanding Sign, with a total area not to exceed 100 square feet, are permitted for periods up to 30 days per event with no limit on the number of events.

(c)

Pennants, flags and inflatable advertising may be displayed for a maximum of 90 days per calendar year with a limit of 30 consecutive days per event.

(4)

No Temporary Sign or Banner shall be erected upon City property or suspended over public right-of-way, except as otherwise specifically permitted.

(5)

No Temporary Sign shall be erected within 20 feet of the curb line of any adjoining street surface except for buildings with less than 20 feet of setback from the curb. Such buildings may have erected upon them Temporary Signs mounted flush to the building.

G.

Temporary Yard Sale Signs. Temporary yard sale Signs may be erected subject to the following provisions:

(1)

Maximum exposure time. All such Signs shall be erected not more than 24 hours prior to or remain in place not more than 24 hours after the yard or garage sale takes place,

(2)

No yard sale Sign may be erected on or attached to utility poles, trees, on public right-of-way, street light poles, street or traffic Signs, or fire hydrants nor be located on the public right-of-way.

H.

Window Promotional Signs. Window Promotional Signs are allowed for periods of up to 90 consecutive days in all commercial or industrial zoning districts, including the R-4 zone.

I.

Subdivision Entrance or Identification Signs. Each individual subdivision may have entrance or identification Signs subject to the following provisions:

(1)

Entrance or identification Signs shall only identify the name of the subdivision.

(2)

One pair may be erected per entrance, into the subdivision, but in no case shall two such pairs for the same subdivision be located closer than 300 feet apart,

(3)

No single Sign shall be larger than 32 square feet per side and shall be limited to a maximum height of six feet.

(4)

No Sign shall be erected upon or suspended over public right-of-way.

J.

Vehicles and Trailers. Any axled vehicle or trailer being used for advertisement that is parked on a parcel of property for more than 30 days shall be considered a Sign and shall require a permit in accordance with the provisions of this Article 24.

K.

Signs on City Right-of-Way. Signs shall not be permitted, erected, or maintained in or over any City street, alley, sidewalk or other public right-of-way, unless said Sign is owned by the City of Effingham, Illinois.

(Ord. No. 114-2017, § 4, 12-19-2017)

24-9. Non-conforming Signs and Removal.

A.

A nonconforming Sign is a lawfully existing Sign as of January 1, 2018, which fails to comply with all applicable Sign regulations, such as the location of the Sign, height of the Sign or Sign Area, A nonconforming Sign can remain in use, if maintained in accordance with the definition of "maintenance" contained in Section 24-11 of this Article.

B.

If a Nonconforming Sign is proposed to be altered in any fashion that would require the issuance of a new permit as determined in Section 24-3 of this Article, or if the nonconforming Sign advertises a business no longer being conducted or a product no longer sold on the premises, the Sign must be brought into conformity or removed within 30 days after written notice from the City Building Official. The notice to bring the Sign into conformity or remove shall be served on the owner, agent, or Person having the beneficial use of the buildings, structure or premises upon which the Sign is found.

C.

Any Person who violates, disobeys, omits, neglects or refuses to comply with the order of the Building Official to bring into conformity or remove the nonconforming Sign shall be in violation of this section. In addition to the penalties provided for in Article 34 of this Appendix B, an injunction requiring compliance with this Code ordering the alteration or removal of the nonconforming Sign may be obtained.

(Ord. No. 114-2017, § 4, 12-19-2017)

24-10. Obsolete Signs and Removal.

A.

An obsolete Sign is a Sign which advertises a business no longer being conducted or a product no longer being sold on the premises upon which the Sign is located.

B.

An obsolete Sign shall be covered or removed within 30 days after written notice from the Building Official. The notice to cover or remove the Sign shall be served on the owner, agent or Person having the beneficial use of the premises upon which the Sign is found. If the Sign is covered, the covering (which must be an opaque, durable, weatherproof material) and the method of applying or installing the covering must be approved by the Building Official.

C.

Any Person who violates, disobeys, omits, neglects or refuses to comply with the order of the Building Official to cover or remove the obsolete Sign shall be in violation of this section. In addition to the penalty provided for in Article 34 of Appendix B, the Building Official is hereby authorized to make application to the courts for an injunction requiring compliance with this Article ordering the covering or removal of the obsolete Sign.

(Ord. No. 114-2017, § 4, 12-19-2017)

24-11. Construction and Maintenance Performance Standards.

A.

The construction and maintenance performance standards for Signs contained in the current versions of building codes adopted by the City of Effingham are adopted herein by reference and shall be the performance standards for the construction and continual maintenance of Signs regulated by this Article unless otherwise specified in this Article.

B.

All components of a Sign shall be kept clean, structurally sound, in good repair and free from all electrical and mechanical hazards, including by not limited to, faulty wiring, loose connections, missing or broken panels, etc. All electrical service shall conform to the most currently adopted City Electric Code.

C.

Signs and their support structure(s) shall be painted when necessary to prevent corrosion or to replace peeling or flaking paint.

D.

If more than fifty percent (50%) of the Surface Area of a Sign or more than fifty percent (50%) of the fair market value of the entire Sign is being repaired for any reason, the full Sign must be brought into compliance with the provisions of this Article 24.

E.

Any Sign in violation of the construction and maintenance performance standards shall be repaired or removed within 30 days after written notice from the Building Official. The notice to repair or remove the Sign shall be served on the owner, agent or Person having the beneficial use of the property upon which the Sign is found.

F.

Any Person who violates, disobeys, omits neglects or refuses to comply with the order of the Building Official to repair or remove the Sign shall be in violation of this section. In addition to the penalties provided for in Article 34 of Appendix B, the Building Official is hereby authorized to make application to the courts for an injunction requiring compliance with this Article 24 ordering the repair or removal of the Sign.

(Ord. No. 114-2017, § 4, 12-19-2017)

24-12. Obscenity Prohibited. No Sign, or other advertising structure, shall be located or maintained on any property within the corporate limits and extraterritorial jurisdiction that is considered Obscene, indecent, or immoral. As used in this section, a Sign, or other advertising structure, is Obscene when:

A.

It depicts or describes any of the following types of sexual conduct:

(1)

Ultimate sexual acts, normal or perverted, actual or simulated;

(2)

Masturbation;

(3)

Excretory functions; or,

(4)

Lewd exhibition of the genitals;

B.

To the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest in sex;

C.

The material is patently offensive because it affronts contemporary community standards in its description or representation of sexual conduct; or,

D.

The material, taken as a whole, lacks serious literary, artistic, political or scientific value.

(Ord. No. 114-2017, § 4, 12-19-2017)

24-13. Variance Procedure. Any Person subject to the provisions of this Article may petition for a variance from the technical restrictions of this Article regarding Sign location, height, dimensions, area and location, and all other technical provisions of this Article pursuant to the procedures found in Article 29 of this Appendix B of the Municipal Code of Effingham.

EXHIBIT A—Sign permit application

EXHIBIT B—Sign Regulation Quick Reference Guide

(Ord. No. 114-2017, § 4, 12-19-2017; 021-2019, § 3, 5-21-2019)

Footnotes:
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Editor's note— Ord. No. 114-2017, § 4, adopted Dec. 19, 2017, repealed the former Art. 24 and enacted a new article as set out herein. The former Art. 24 pertained to regulation of portable signs.