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Geneseo City Zoning Code

ARTICLE V

- SIGNS

Sec. 40-150.- General provisions.

(a)

No sign shall be erected or maintained at any location where by reasons of its position, wording, illumination, size, shape, or color it may impair, obstruct, obscure, or be confused with any authorized traffic control sign, signal or device, or obstruct traffic visibility.

(b)

No off-site signs are permitted. Existing off-site signs as of the effective date of the ordinance from which this chapter is derived are "grandfathered" in and allowed. If an off-site sign is damaged to an extent that the cost of repair is equal to or exceed 50 percent of the value of an equivalent replacement sign, then the sign shall not be replaced.

(c)

In the event that any sign interferes with emergency radio frequency, then the sign will be repaired or disconnected to a point that the interference no longer exists.

(d)

Temporary professional service identification signs of no more than four feet in area shall be permitted in any district provided they comply with subsections (a) and (b) of this section. These signs shall be removed within five days following the service.

(e)

Nonconforming signs. Any such signs that do not conform to the standards of the appropriate section in this article of the city zoning regulations may remain in place as an existing nonconforming use. If a nonconforming sign is repaired to an extent that the cost of repair is equal to or exceed 50 percent of the value of an equivalent replacement sign, or if sign is replaced due to a change of business or ownership, then the sign shall be repaired or replaced in conformance with those standards.

(f)

Abandoned signs. Any sign and sign support structure which has been abandoned shall be removed; or have the face replaced with a weatherproof, blank face by the owner, agent or person having the beneficial use of the building, structure or lot upon which such sign is located within 180 days after the business has abandoned the tenant space. Any abandoned sign that does not comply with this provision is considered a nuisance and subject to corrective actions by the city. The owner of the abandoned sign will be responsible for reimbursement to the city for all costs relating to the correct action of the nuisance.

(Ord. No. 1206, § 9-8-1, 2-24-1981)

Sec. 40-151. - Residential zoning districts.

(a)

Nonilluminated identification sign not exceeding one square foot in area shall be permitted for each dwelling unit. Such sign shall indicate nothing other than name or address of the occupants.

(b)

One temporary, nonilluminated, on-site sign not to exceed six square feet in area for the sale of real estate, which sign shall be removed within ten days after sale of the real estate.

(c)

Announcement of church, school, or other public buildings or uses, where permitted bulletin boards or identification signs shall be permitted, not exceeding 18 square feet in area.

(d)

Signs corresponding to that normal use permitted in the zoning district for uses given conditional uses. Sign must comply with provision in section 40-150(d).

(e)

All other signs are prohibited in residence districts.

(f)

No multiple message signs will be allowed in residential districts with the exception of schools and churches.

(Ord. No. 1206, § 9-8-2, 2-24-1981)

Sec. 40-152. - Agriculture/business (1 through 4) zoning districts.

(a)

Temporary signs not exceeding 32 square feet in area advertising the sale or lease of real property when located on the property to which the sign refers and when not located closer than ten feet to a lot line, which sign shall be removed within ten days of the sale or lease of the property.

(b)

Temporary ground signs advertising future use of development of property on which such signs are located may be maintained subject to provisions of this section provided such signs do not exceed 32 square feet in area or remain longer than six months. "For Rent" and "For Lease" signs in commercial and industrial districts for new buildings shall not exceed 32 square feet in area or remain more than 90 days after the building is completed and when located not closer than ten feet to a lot line.

(c)

Church or public building bulletin boards not exceeding 18 square feet in area.

(Ord. No. 1206, § 9-8-3, 2-24-1981)

Sec. 40-153. - B zoning districts (1 through 4).

In the B zoning districts, wall signs, projecting signs and awning signs when displaying no advertising matter, except pertaining to the business conducted in the building or on the premises on which such sign is placed are allowed. The total square foot area of wall signs marquee signs, and awning signs shall not exceed one-fifth of the total square foot area of the face of the building on which they are placed. There shall not be more than one ground sign for each 100 of street frontage. No ground sign shall extend closer than ten feet to a lot line.

(Ord. No. 1206, § 9-8-4, 2-24-1981)

Sec. 40-154. - B-4 zoning district.

In the B-4 district, there may be any sign allowed in section 40-153 and ground signs, provided that no ground sign shall exceed one-fifth of the total square foot area of the face of the building on which they are placed or 100 square feet in area whichever one is less; not more than one ground sign shall be erected on any one lot or tract of land, or one sign for each 300 feet of street frontage when located at least 300 feet apart on such lot or tract of land; no ground sign when erected on a lot fronting or intersecting streets shall be erected within 50 feet of the intersection of the streets and no ground sign may be erected within 50 feet of the intersection of the state or federal highways.

(Ord. No. 1206, § 9-8-5, 2-24-1981)

Sec. 40-155. - Additional sign regulations.

(a)

Ground (monument or ground) signs. No ground sign shall be, at any point, over 25 feet above ground level. Every ground sign shall be stoutly constructed in a secure and substantial manner. The ends of all such ground signs shall be at least six feet distant from any wall or fence or any obstruction that would prevent a clear passage around the end and shall be at least ten feet distant from any lot line.

(b)

Wall signs. Wall signs shall not project above the top or ends of the wall surface on which they are placed. No wall sign shall be so erected as to cover the doors or windows of any building or otherwise prevent free ingress or egress to or from any window, door, or any fire escape of any building.

(c)

Projecting signs. Projecting signs may extend not more than four feet six inches perpendicular from the building.

(d)

Posters and certain signs or devices prohibited. Posters and temporary signs applied directly to the wall, building, pole, stakes, fence or other support and letters or pictures in the form of advertising printed or applied directly on the wall of a building are prohibited. Temporary signs may be displayed in or attached to the inside of the show or display windows provided the total sign area does not exceed 25 percent of the show or display window area. Signs or devices which by color, location, or design resemble or conflict with traffic control signs or devices are prohibited. No sign shall contain flashers, animators, or mechanical movements or contrivances of any kind, excepting clocks.

(e)

Other. Traffic or county signs, railroad crossing signs, danger, safety, temporary, emergency, non-advertising community service, or decorative signs as may be required by statute, authorized by the building inspector, including all signs referenced in the Uniform Traffic Control Devices Manual.

(Ord. No. 1206, § 9-8-6, 2-24-1981)

Sec. 40-156. - Historic preservation district sign regulations.

(a)

Wall signs. A wall sign attached parallel to the face of the building can project no more than 12 inches from the building surface. No sign may be extended higher than the lowest of the following:

(1)

20 feet above the grade.

(2)

Two inches below the lower edge of the window sill pieces of the second floor windows.

(3)

The lowest point of the roof (for one story buildings with continuous horizontal parapet, a sign may extend as high as the parapet; for buildings having roof gable ends fronting on the street, a sign may not extend beyond the edge of the roof line). No sign may be installed on chimneys, roofs, rooftop penthouses, or other similar features.

(b)

Freestanding signs. Freestanding signs are permitted only in the following cases:

(1)

For advertising for businesses which are set back on their lots, signs may not exceed 25 square feet in area and may not be closer than ten feet from the property line.

(2)

For directional or advisory signs not exceeding five square feet in size and five feet in height.

(3)

For temporary sandwich-board type advertising signs not exceeding five square feet in size placed on the sidewalk in the front of businesses, not more than one such sign may be placed per business store front. No permit is required for this type of sign.

Notwithstanding any other standard of this article, nothing shall be erected or placed in such a manner as to impede or obstruct a driver's vision between a height of three feet and ten feet above the road crown at the intersection of a driveway and street or two streets.

(c)

Window signs. Permanent signs on the inside of windows may not exceed 25 percent of the total glass area of the windows or the portion of the store front in which they are installed. Their area must be counted and calculated into the total area of signage for that particular sign frontage.

(d)

General signs.

(1)

Signs may be illuminated from within or from an unobtrusively positioned remote light source. Where remote lights such as spot lights are used, they are to be designated so as to concentrate light only on the sign. These signs are to be dark sky compliant.

(2)

If a registered trademark is used on a sign, it may occupy no more than 25 percent of the sign area unless the trademark is that of the sole product at the location.

(e)

Size of signs. The allowable signage area in square feet can be attained by multiplying the store front frontage of a business by 1.5. Therefore, a business with a 20-foot frontage may have a sign area of 30 square feet. This may be in the form of a continuous 20-foot, 18-inch sign or a shorter or taller sign so long as the area is less than or equal to 30 square feet.

(f)

Nonconforming signs. Any such signs in the H Historic Preservation District that do not conform to the standards in this section may remain in place as an existing nonconforming use. If a nonconforming sign is repaired to an extent that the cost of repair is equal to or exceeds 50 percent of the value of an equivalent replacement sign, or if the sign is to be replaced due to a change of business, then the sign shall be repaired or replaced in conformance with these standards.

(g)

Approval required. All billboards, multiple message signs and multiple message billboards in the H Historic Preservation District must be approved by the city plan commission.

(Ord. No. 1206, § 9-8-7, 2-24-1981)

Sec. 40-157. - Multiple message sign (MMS) regulations.

(a)

Multiple message signs (MMS) are allowed in all zoning districts with the exception of residential districts (1 through 5), provided they are oriented away from all residential districts to the extent possible. Schools and religious institutions are exempt from this restriction; provided they meet the standards contained elsewhere in the article. All multiple message signs must be reviewed and approved by the plan commission prior to getting permit.

(b)

Only one MMS is permitted per lot. The MMS may be two-sided. Only one contiguous MMS is allowed on a sign face. Only 30 square feet per side of a sign can be multiple messages.

(c)

A static MMS shall not change more than once every three seconds. An MMS that scrolls is permitted, provided it does not operate as described in section 40-158.

(d)

MMS shall utilize static images with no animation. MMS shall not be operated in a way that flashes, blinks, flutters, mimics traffic control devices or emergency vehicles, or purposely is designed to distract the public without providing content to the message.

(e)

MMS may use effects to transition from one static image to another. The effect may not last more than one second.

(f)

MMS existing on the effective date of the ordinance from which this section is derived must comply with the operational standards listed above to the extent technically possible with their current equipment.

(g)

Where applicable, MMS shall meet the requirements of section 40-66.

(h)

Brightness standards. The following standards shall apply to MMS, MMB (multiple message billboard) and electronic advertising signs:

(1)

The luminance of the sign shall not exceed 5,000 NITS during daytime hours and 500 NITS from dusk to dark. The sign manufacturer, vendor, or installer shall submit written certification that the sign was manufactured with an automatic dimming sensor device that will automatically adjust to ambient light conditions. The sign must also be manufactured with a security feature that would limit the end users ability to manipulate the preset luminance levels.

(2)

The luminance of the electronic sign shall not increase ambient light levels by more than 0.3 footcandles when measured perpendicular to the sign at a distance of 250 feet. Furthermore, when adjacent to a residential district, luminance shall not exceed one footcandle when measured at any boundary line with an adjoining property.

(Ord. No. 1206, § 9-8-8, 2-24-1981)

Sec. 40-158. - Multiple message billboard (MMB) regulations.

Any sign over 30 square feet shall be considered a billboard and shall meet the requirements of section 40-159. Unless otherwise noted in this section, multiple message billboards (MMB) shall meet the requirements of this section as well as billboard regulations listed elsewhere in this article.

(1)

MMB may incorporate 100 percent of its sign face. Only one MMB is allowed on a sign face.

(2)

MMB must be separated by a minimum of 1,500 feet from another MMB.

(3)

MMB shall not change more than once every ten seconds.

(4)

MMB shall utilize static images with no animation. This transition shall be instantaneous with no animation.

(5)

MMB shall provide public service announcements relative to Amber Alert/emergency service messages on an as needed basis.

(6)

All billboards will conform to state law.

(Ord. No. 1206, § 9-8-9, 2-24-1981)

Sec. 40-159. - Exempt signs.

The following signs shall be exempt from the regulations of the article and are not required to obtain a permit:

(1)

Governmental signs such as traffic control signs and legal notices.

(2)

Railroad crossing and signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities.

(3)

Directional, informational or public service signs, excluding public utilities, not exceeding six square feet in area, erected for the convenience of the public, such as signs identifying entrances, exits, parking areas, restrooms, public telephones, walkways and similar features or facilities.

(4)

House numbers, nonilluminated or directly illuminated, located on the lot to which the sign is apparent and not exceeding four square feet in area.

(5)

Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designated and located to be viewed exclusively by patrons located within the interior of a building housing such use or uses.

(6)

Decorations and signs temporarily displayed in connection with a local festivity or not for profit group.

(7)

No trespassing signs or other such signs regulating the use of property, such as no hunting, no fishing, etc., of no more than two square feet in area.

(8)

Flags of any country, state or unit of local government.

(9)

Real estate signs in residential area may not extend outside of the property line and not more than six square feet per face in area that indicate the sale, rental or lease of the premises upon which the signs are located. No more than one real estate sign per lot except that a corner lot may have one such real estate sign per street frontage.

(10)

Memorial signs and tablets, names of buildings and date of erection when cut into masonry surface or inlaid so as to be part of the building or when constructed of bronze or other noncombustible material.

(11)

Signs of historical societies containing no advertising and not more than five square feet in area.

(12)

Public signs and other signs incidental thereto for identification, information or directional purposes erected or required by governmental bodies, or authorized for a public purpose by any law, statute or regulations.

(13)

A monument sign not more than 20 square feet in area with a maximum height of five feet for a religious institution when the same is located on the premises of the institution and is located in such a manner so as not to interfere with the vision of motorists. Monument signs that exceed either the height or area in this subsection are not exempt from permit and must meet the regulations provided in this article.

(14)

Banners displayed in the public right-of-way installed by the city.

(15)

Help wanted signs placed in the window of a business, not to exceed six square feet. The "help wanted" sign text must be the predominant text of the sign. Signs in excess of six square feet follow the provisions for temporary signs. Help wanted signs may only be used if the business is actively hiring.

(16)

Temporary window signs are exempt from permit provided the total area of permanent and temporary window sign occupies no more than 25 percent of the window surface area per storefront elevation.

(17)

Handheld signs or people in costume adjacent to the business or organization being advertised and a minimum of ten feet from the street curb. In the central business district, hand held signs or people in costume may be located adjacent to the business or organization being advertised on the sidewalk only.

(Ord. No. 1206, § 9-8-10, 2-24-1981)

Sec. 40-160. - Variances.

It is recognized that the regulations provided in this article cannot handle all of the sign situations in the city. Therefore, the following procedures and requirements shall be applicable to any request for a variance:

(1)

Request form. The applicant shall file a written request for a variance on a form provided by the city which shall include:

a.

Site plan. Depicting any existing structures, proposed structures, additions, signs, or fences (drawn to scale) and the setbacks from lot lines to such improvements.

b.

Elevation plans. Drawing of proposed sign or signs drawn to scale with dimensions shown, depicting the signs.

c.

Description. A typed legible, neat legal description of the property on a separate page.

d.

Filing fee. An application fee and fee for the publishing of public notice.

(2)

Filing. The building inspector or his designee shall forward the application to the city clerk for filing and delivery to the plan commission or zoning board of appeals as appropriate.

(3)

Review. The building inspector shall transmit copies of the application to the plan commission or zoning board of appeals, as appropriate for review and public hearing.

(4)

Public hearing. The plan commission or zoning board of appeals, as appropriate, shall hold a public hearing within 60 days after the completed application has been filed.

(5)

Notice of hearing. The city clerk shall cause notice of the public hearing to be published in a newspaper of general circulation in the city at least 15 days prior to the public hearing.

(6)

Hearing and record. No. The public hearing shall be conducted by the plan commission or zoning board of appeals, as appropriate and a record of such proceedings shall be preserved in such manner as the zoning board of appeals shall, by rule, prescribe from time to time.

(7)

Findings and recommendations. Except for those matters on which the plan commission or zoning board of appeals is authorized to take final action, the plan commission or zoning board of appeals may make written findings of fact and shall submit same together with its recommendation to the city council within 120 days of filing of the application. The plan commission or zoning board of appeals may impose such conditions and restrictions upon the subject sign and property, the location, the construction, design and use of the sign benefited by such a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values, and ensure traffic safety.

(8)

Council decisions. After recommendation by the zoning board of appeals, as appropriate, the city council may, by resolution, grant, or grant with modification, the proposed variance. If the city council does not approve of a proposed variance after recommendation by the plan commission or zoning board of appeals, it may deny the proposed variance or refer the proposed variance back to the plan commission or zoning board of appeals, as appropriate.

(9)

Withdrawal of application. An application for a variance may be withdrawn by the applicant any time prior to its approval by the city council. Withdrawal shall not affect the applicant's responsibility for payment of fees. Upon such withdrawal, the city council may, at its discretion, permit a substitute applicant, who shall be any person authorized to file an original application, to resubmit the withdrawn application within 30 days of the original applicant's withdrawal, and no addition fees be charged.

(10)

Effective period of variance.

a.

No variance shall be valid for a period longer than one year from the date of the regulations granting the variance.

b.

Where conditions have not substantially changed since the date on which the variance was authorized, the owner of a parcel for which a variance has been authorized may within one year prior to expiration of the variance, request the city council to extend the effective period of the variance for no more than one additional period of up to one year without reapplication to the plan commission or zoning board of appeals.

c.

A variance shall not be valid if a sign for which a variance has been granted is destroyed or damaged by fire, collapse, explosion or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50 percent of the replacement cost of the sign at the time of destruction or damage.

d.

In the event such damage or destruction is less than 50 percent of the replacement cost of sign, the variance shall be valid only if such restoration is started within six months from the date of partial destruction and restoration proceeds and does not cease for a period of 60 days and completion is accomplished within 12 months from the date of partial destruction.

(Ord. No. 1206, § 9-8-11, 2-24-1981)

Sec. 40-161. - Sign permit process.

Unless exempted from the requirements of this article, no person shall erect or display any sign unless issued a permit.

(1)

Application. Any person or activity proposing to erect, display, or replace a sign, with the exception of individual panels on a multiple tenant sign, shall file an application on a form provided by the city. Signs listed in section 40-159 are exempt from a sign permit. The following supporting documents are required for review of a permit.

a.

Scaled drawing of proposed sign (scale must be indicated on drawing).

b.

Location drawing, clearly drawn indicating roadways, parking lots and buildings, including dimensions of setback (ground signs).

c.

Detailed, scaled drawing of building elevation where sign will be placed (wall sign).

(2)

Granting of permit. After review, a permit for the sign shall be granted if:

a.

It complies with this chapter.

b.

It has been authorized by a variance granted by the city, if required.

c.

All applicable permit fees have been paid as required.

(3)

Conformance with the National Electrical Code. All signs in which electrical wiring and connections are required shall conform to the applicable provision of the national electrical code.

(4)

Wind pressure and dead load requirement. Signs shall be designed and constructed to withstand a wind pressure and dead loads as required in the building code.

(5)

Payment of fees. All fees shall be paid in full before any permit for a sign is issued.

(6)

Completion of authorized work. If the work authorized under the permit has not been completed within 12 months after the date of issuance, the permit shall become null and void.

(Ord. No. 1206, § 9-8-12, 2-24-1981)

Sec. 40-162. - Administration and enforcement.

(a)

Enforcement. The building inspector or his designee is authorized and directed to enforce the provisions of this article.

(b)

Interpretation. The building inspector shall be responsible for interpreting the provisions of this article.

(c)

Penalty. Any person who violates any of the provision of this article shall be fined in an amount as established in the city fine schedule. A separate offense shall be deemed committed on each day during or on which violation occurs or continues.

(d)

Illegal placement of signs. Commercial and noncommercial signage placed in the public right-of-way shall be considered a nuisance and subject to corrective actions by the city. The person responsible for the illegally placed signs may be responsible for reimbursement to the city for the city's costs of the removal of the illegally placed signs, in addition to being charged with violating the provision of this chapter and subject to any fines and costs. The city administrator may take whatever action is lawful and necessary to collect costs due under this provision, including, without limitation, hiring a collection agency, refusing to issue any city permit or license to the persons responsible, including any service charges and costs of collection. The city may also set off against any amounts owed by the city to the person/s responsible amounts then owed by the delinquent's customer to the city. Any person responsible desiring to obtain a city permit or license while contesting the amount owed the city, may obtain a city permit or license by posting financial security in a form acceptable to the city attorney, and in an amount equal to the disputed amount.

(Ord. No. 1206, § 9-8-13, 2-24-1981)

Sec. 40-163. - Insurance and bond requirements.

Every applicant for a permit for a street sign which will extend over a public right-of-way or which is so located that it may fall upon the same, shall file with the city before the permit is granted, a liability insurance policy covering all damage or injury that might be caused by each of the street signs, or certificate of insurance therefor, issued by an insurance company authorized to do business in the state of Illinois and is satisfactory to the city, with limits of liability of not less than $100,000.00 for property damage and $500,000.00 for personal injuries. The city, its officers, agents and employees shall be named as additional parties insured. Such liability insurance policy shall be maintained in force throughout the life of the permit, and if at any time it shall not be in full force, the permit shall be revoked by the city.

(Ord. No. 1206, § 9-8-14, 2-24-1981)