Unless otherwise stated, the regulations hereafter established shall apply within all districts established by this title. These general regulations supplement and qualify the district regulations appearing elsewhere in this title. (Ord. 2009-3, 5-12-2009)

Chimneys, cooling towers, elevator head houses, fire towers, grain elevators, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, church steeples, wind energy conversion systems (WECSs) and necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations. (Ord. 2009-3, 5-12-2009)

   A.   Front Yard:

      1.   Where a lawfully approved and recorded subdivision plat clearly and graphically indicates a front yard setback that is less than presently required, the setback clearly indicated on the plat shall determine the minimum setback required.

      2.   Where lots have a double frontage, a required front yard shall be provided on both streets.

   B.   Side Yard And Rear Yard:

      1.   Where a lawfully approved and recorded subdivision plat clearly and graphically indicates a side or rear yard area requirement that is less than presently required, the yard area requirement that is clearly and graphically indicated on the plat shall determine the minimum yard area required; however, this provision shall not apply to written subdivision covenants that may delineate less than presently allowed yard areas. (Ord. 2009-3, 5-12-2009)

In other than the planned development district, no more than one principal structure may be located upon a lot. Land required for setbacks, open spaces, off street parking or loading spaces for any existing building or new building shall be used for only one building. (Ord. 2009-3, 5-12-2009)

In other than the commercial, manufacturing, industrial and planned development zoning districts, no more than one principal use may be located upon a lot. (Ord. 2009-3, 5-12-2009)

Nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (21/2') and eight feet (8') above the grades of the outside edge of the street surface of two (2) or more intersecting streets, measured from the point of intersection of the centerline of the streets, ninety feet (90') in each direction along the centerline of the streets. (Ord. 2009-3, 5-12-2009)

No land which is located in a residential district shall be used for a driveway, walkway or access to any land which is located in any commercial, manufacturing, or industrial district. (Ord. 2009-3, 5-12-2009)

The structure setback line shall be determined by measuring the horizontal distance between the property line and the vertical plane of the farthest architectural projection of the existing or proposed structure; except that certain architectural projections listed below may extend beyond the structure setback line, subject to the following conditions:

   A.   Projections: "Projections" shall be defined as any structural or nonstructural portion or appendage attached to the main structure which, by design, protrudes outward beyond the structure floor, wall, and roof or foundation line.

   Projections include, but are not limited to:

      1.   Roof eaves and gutters may encroach no more than four feet (4') into front and rear yards and not more than two feet (2') into a side yard. Roof eaves and gutters projecting from a building located in a rear yard may extend no closer than two feet (2') from a lot line.

      2.   Cornices and sills of the principal building shall project no more than one and one-half feet (11/2') into a front, side and rear yard.

      3.   Air conditioning equipment may encroach into a side and rear yard provided such equipment is at least ten feet (10') from any property line.

      4.   Stairs which are necessary for access to a dwelling or an accessory building may encroach into a front, side and rear yard with up to eight (8) steps.

      5.   Bay windows shall project no more than three feet (3') into a front or rear yard.

      6.   Chimneys that are attached to the principal building shall encroach no more than two feet (2') into a front, side or rear yard.

      7.   Ornamentation attached to a principal building shall project no more than one and one-half feet (11/2') into a front, side or rear yard.

   B.   Exception For Canopies And Awnings: A canopy or awning may be permitted to overhang a public way in a C commercial district, M manufacturing district or I industrial district providing:

      1.   The canopy or awning construction is covered with a fabric material, such as canvas, or is made of a material which simulates a fabric covering, other than metal or aluminum.

      2.   No portion of the canopy or awning shall be less than eight feet (8') above the level of the sidewalk or other public way.

      3.   The canopy or awning may extend the full width of the building facade to which it is attached, and further, it shall not extend beyond a point two feet (2') inside the pavement line of a public street. (Ord. 2009-3, 5-12-2009)

When a transition screen is required by this title, such screen shall conform to the following specifications:

   A.   Such transition screen shall be located in a transition belt, and shall extend the full length of such transition belt except for any portion of such belt lying within a required front yard or side yard adjoining a street.

   B.   Such transition screen shall consist of a planting screen meeting the specifications herein.

      1.   Planting Screens: Planting screens shall consist of trees, bushes or shrubs of a variety and so planted and kept as to be achieved within thirty six (36) months after occupancy of the premises to be screened.

         a.   Such screen shall have a minimum height of six feet (6') above grade at any particular point along its length.

         b.   Any two foot (2') square segment of a planting screen shall contain no more than thirty percent (30%) open space affording a direct horizontal view through such screen if such segment is over two feet (2') above grade.

      2.   Landscaped Berm: Adequate evidence from a registered engineer shall be furnished demonstrating that the construction of such berm, along with any necessary culverts and ditching, will not create adverse drainage and flooding conditions on adjacent property.

         a.   Such berm shall be at least thirty feet (30') in width at the base and at least four feet (4') in height, as measured perpendicular to grade level at any point along its length. Side slopes shall have a gradient no steeper than three to one (3:1).

         b.   Side slopes of such berm shall be grass so as to prevent erosion. The top of the berm shall contain a planting screen according to the specifications set forth in this article, except that the minimum height of such planting screen need not be more than three feet (3') above the top of the berm at any particular point along its length.

      3.   Fence Screen: A fence screen shall not be less than eight feet (8'), nor more than ten feet (10') in height above grade level, at any particular point along its length, and any two foot (2') square segment of such screen shall contain no more than thirty percent (30%) open space affording a direct horizontal view through such screen. (Ord. 2009-3, 5-12-2009)

The uses set forth in this title shall be subject to all applicable federal and state laws and regulations. (Ord. 2009-3, 5-12-2009)

It is the purpose of this article to regulate and control the location, erection, number and maintenance of signs and matters relating thereto within Jo Daviess County in order to promote public safety, health and general welfare of the community. These regulations are specifically designed to:

   A.   Provide for uniform regulation and orderly development of signs consistent with established ordinances of the county.

   B.   Prohibit hazardous and dangerous signs.

   C.   Provide a desirable and attractive living environment through harmonious and uniform signage. (Ord. 2009-3, 5-12-2009)

The provisions of this article shall govern the erection, alteration, and maintenance of all signs and outdoor display structures, together with their appurtenant and auxiliary devices, with respect to location, size, content, construction, structure, and fire safety.

   A.   The provisions of this article shall not apply to:

      1.   Flags of any nation, state, county, city or other governmental unit and any not for profit organization.

      2.   Signs or other materials temporarily displayed in conjunction with traditionally accepted patriotic, religious or local holidays or events or official government public notices.

      3.   The erection, construction, and maintenance of official traffic, fire and police signs, signals and devices and markings, nonilluminated directional or informational signs of a public nature of the state, county, or city.

      4.   Residential garage or patio sale signs not to exceed six (6) square feet and located upon premises where the sale is taking place. (Ord. 2009-3, 5-12-2009)

      5.   Bulletin boards not over thirty two (32) square feet in area, for public, charitable, or religious institutions which are located on the premises of said institutions. (Ord. 2015-7, 11-10-2015)

      6.   Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.

      7.   Identification/occupational signs not exceeding one square foot in size.

      8.   Signs erected inside a building not visible through windows and signs not visible from adjoining properties or from public rights of way.

      9.   Crop identification sign, not exceeding thirty two (32) square feet in gross surface area and shall be unlimited in number as to crop type or plot of land. The duration of these signs shall be limited to the growing season.

      10.   Signs for the purpose of restricting the use of property are permitted along the boundary line of a publicly or privately owned tract of land. Each such sign shall not exceed two (2) square feet in area. In addition, at the entrance of such tract of land, one sign shall be permitted not to exceed sixteen (16) square feet in area.

      11.   Signs for the purpose of identifying the entrance, exit, traffic direction, and parking facilities of public or private property on premises, signs are permitted not exceeding eight (8) square feet in area and eight feet (8') in height.

      12.   For the purpose of identifying the architect, engineer, or contractor of work under construction, one temporary sign is permitted, not exceeding thirty two (32) square feet in area.

      13.   Window signs covering not more than fifty percent (50%) of the window surface. (Ord. 2009-3, 5-12-2009)

   A.   Application/Zoning Approval: Except where herein otherwise stated, no sign subject to the regulations of this code shall be erected without first obtaining a zoning certificate. To obtain a zoning certificate for a sign, the person(s) erecting the sign shall complete an application form provided by the zoning administrator. Applications for sign permits shall include, but not be limited to, the following:

      1.   The names, addresses and telephone numbers of the applicant, the owner of the property on which the sign is to be erected or affixed, the owner of the sign and the person to be erecting or affixing the sign.

      2.   The location of the building, structure or lot on which the sign is to be erected or affixed.

      3.   A site plan of the property involved, showing accurate placement thereon, of the proposed sign.

      4.   The written consent of the owner of the building, structure or property on which the sign is to be erected or affixed.

      5.   Such other information as the zoning administrator may require to determine full compliance with this and other applicable ordinances of the county.

   B.   Fees: Any sign over one hundred fifty (150) square feet in area is subject to any applicable fees as established by the Jo Daviess County board. Annual fees are calculated on a per structure basis.

   C.   Removal Of Signs:

      1.   The zoning administrator may cause the removal of any sign that is an immediate peril to persons or property summarily and without notice.

      2.   If any sign is erected without a permit, the zoning administrator shall order it removed.

      3.   If any sign is erected or maintained so as to obstruct free ingress or egress from any door, window or fire escape, the zoning administrator shall order it removed.

   D.   Maintenance And Appearance Of Signs: All advertising signs, together with all of their supports, braces, guys and anchors, shall be kept in good repair and maintained in a safe condition. All advertising signs and the sites upon which they are located shall be maintained in a neat, clear and attractive condition, and advertising signs shall be kept free from excessive rust, corrosion, peeling paint or other surface deterioration. The display surface of all standard outdoor advertising structures shall be kept neatly painted or posted. (Ord. 2009-3, 5-12-2009)

   A.   Animated signs, electronic standard outdoor advertising structure/billboards.

   B.   Any sign erected in a public easement or right of way.

   C.   Any sign erected so as to prevent free ingress to or egress from any door or window, or any other way required by the building or fire codes of the county.

   D.   Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk or other surface located on public property.

   E.   Any sign erected in any location where, by reason of its location, it will obstruct the view of any authorized traffic sign, signal, or other traffic control device. Nor may any sign, by reason of its shape, position or color interfere with or be confused with any authorized traffic signal, sign or device. Further, no sign shall be erected in the sight distance triangle or any other location where it will obstruct vision of the public right of way to a vehicle operator during ingress to, egress from, or while traveling on the public right of way.

   F.   Any sign or advertising device such as banners and pennants affixed on poles, wires, ropes or streamers, wind operated devices, fluttering signs, pinwheels, streamers, banners, street banners, and "A" frames or other portable signs of like nature, and other similar contraptions or techniques.

   G.   Signs placed or affixed to vehicles and/or trailers which are parked on a public right of way, public property, or private property so as to be visible from a public right of way where the apparent purpose is to advertise a product or direct people to a business activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as permanent lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer.

   H.   Off premises signs and standard outdoor advertising structure and/or billboards except as provided in this title.

   I.   Signs which contain flashing lights; however, not including digital time and temperature signs involving only that information and no further or additional information of an advertising nature. Such time and temperature signs shall be constant or steady in nature, and shall not grow, melt, X-ray, up or down scroll, write-on, travel, inverse, roll, twinkle, snow or present pictorials or other animation.

   J.   Portable signs.

   K.   Project identification or real estate signs promoting the sale of lots prior to the approval of a final plat.

   L.   Signs which contain characters, cartoons, statements, works or pictures that constitute public indecency as prohibited under 720 Illinois Compiled Statutes 5/11-9, or that are obscene as defined in 720 Illinois Compiled Statutes 5/11-20(b).

   M.   Signs containing strobe lights which are visible from beyond the property line; and signs artificially illuminated which are of such intensity or placed in such manner as to interfere with, or impair the vision of the driver of a motor vehicle, or otherwise interfere with any driver's operation of a motor vehicle.

   N.   Window signs covering more than fifty percent (50%) of the window surface.

   O.   Signs that impact the availability of direct sunlight to an existing solar energy system.

   P.   Any freestanding sign which, by its location and/or structural design, would interfere with the safe and efficient use of off street parking and loading areas, including aisleways and access driveways.

   Q.   No sign shall be painted or mounted on rocks or other natural features, except that nameplates and/or addresses for residences, of up to a maximum of six (6) square feet. "No Hunting", "No Trespassing", "No Dumping", and signs of a similar nature may be affixed to trees. (Ord. 2009-3, 5-12-2009)

   A.   Any sign unless otherwise excepted by this article, legally existing prior to enactment of this article but which shall violate any provision of this article, may continue to be maintained and used subject to the following provisions: (Ord. 2009-3, 5-12-2009)

      1.   Enlargement: Nonconforming signs may be enlarged, expanded, or extended to occupy a greater square footage than was occupied on the date of adoption or amendment of this article, but shall be no more than thirty two (32) square feet in size, to be measured by the sign face. Both sides of a nonconforming sign may be utilized. Triangle settings may be utilized in the support of a sign limited to advertising on two (2) sides only. (Ord. 2012-6, 3-13-2012)

      2.   Relocation: Nonconforming signs shall not be moved in whole or in part to any other portion of the lot, parcel or building not so occupied on the date of adoption of this article, except that any such sign which is hereafter required to be moved by a governmental body for the purpose of construction, relocation, widening, or improvement of a street, highway, or other public purpose, may be relocated once and allowed to be maintained and used as before.

      3.   Discontinuance: If the business or service advertised or identified by a nonconforming sign ceases to be conducted for a period exceeding one hundred eighty (180) calendar days, the nonconforming sign shall be classified as an "abandoned sign" and removed. (Ord. 2009-3, 5-12-2009)

      4.   Destruction: Should any nonconforming sign be destroyed it may be allowed to be reconstructed to its original size at the time of adoption or amendment of this article. If an original nonconforming sign was smaller than thirty two (32) square feet in size it shall be allowed to be constructed in accordance with subsection A1 of this section. (Ord. 2012-6, 3-13-2012)

   B.   If any existing sign is repainted or the sign panels are replaced for the purpose of changing the business, occupation, or tenant advertised or identified, it shall not be considered a new sign. Ordinary maintenance or repair of an existing sign to a safe condition shall not be cause to classify the sign as a new sign.

   C.   In cases of doubt or on a specific question raised whether a nonconforming sign exists, it shall be a question of fact decided by the zoning administrator, and may be appealed to the zoning board of appeals. (Ord. 2009-3, 5-12-2009)

   A.   Allowable Signs:

      1.   Identification signs associated with permitted uses, not exceeding thirty two (32) square feet in gross surface area. One such sign shall be permitted on each frontage.

      2.   Commercial identification sign associated with uses as regulated by relevant special use permit or permits, not exceeding thirty two (32) square feet in gross surface area. One such sign shall be permitted on each frontage with a maximum of two (2) signs.

      3.   Monument signs associated with a public or semipublic use, not exceeding one hundred twenty eight (128) square feet in gross surface area.

      4.   Memorial or tablet signs: One sign not exceeding six (6) square feet in size per face unless such signs are installed by the federal, state, county or city government agencies thereof.

      5.   Property real estate signs: One sign per lot frontage and not exceeding thirty two (32) square feet in gross surface area. Such sign shall be removed within five (5) days following the date of closing or lease initiation.

   B.   Location And Height:

      1.   No sign placed upon the ground shall be located closer than ten feet (10') to any interior property line and shall meet the sight triangle requirements of section 8-4A-6 of this chapter.

      2.   No sign attached to the wall of a building or other structures shall extend above the roofline of that building or structure.

      3.   With the exception of monument signs, no sign shall exceed ten feet (10') in height from the surrounding grade to the highest point of the sign. Monument signs shall not exceed twelve feet (12') in height from the surrounding grade to the highest point of the sign.

      4.   Memorial or tablet signs: No sign shall exceed six feet (6') in height from the surrounding grade to the highest point on the sign.

      5.   Property real estate signs: No sign shall exceed six feet (6') in height from the surrounding grade to the highest point on the sign. (Ord. 2009-3, 5-12-2009)

   A.   Allowable Signs:

      1.   Subdivision Identification Signs: Two (2) permanent subdivision signs not exceeding fifty (50) square feet in size per face inclusive of any logo shall be allowed per development. Where the development has access on two (2) or more streets, or has more than one entrance to one street, identification shall be allowed at each entrance.

      2.   Monument Signs: Monument signs associated with a public or semipublic use: Not more than one sign per street frontage not exceeding one hundred twenty eight (128) square feet in size per face inclusive of any logo.

      3.   Residential Construction Project Signs:

         a.   Promotional Signs: One sign not exceeding ninety six (96) square feet per face. Such signs shall be removed within two (2) years from the date of issuance of the sign permit, or when eighty percent (80%) of the lots and/or dwelling units have been sold, whichever circumstance occurs first.

         b.   Directional Signs: Any number of signs not exceeding ten (10) square feet per face. Such signs may include directions to the development and pertinent information concerning the developer but shall exclude promotional information, and shall be removed within two (2) years from the date of issuance of the sign permit, or when eighty percent (80%) of the lots and/or dwelling units have been sold, whichever circumstance occurs first.

      4.   Institutional Identification Signs: Institutional identification signs for churches, schools, hospitals or fraternal, benevolent and social service organization: One permanent sign shall be allowed on the same premises provided that said sign does not exceed ninety six (96) square feet in area per facing on each roadway.

      5.   Special Displays And Other Temporary Signs: See subsection 8-4C-10B of this article.

      6.   Signs Identifying The Name And/Or Owner(s) Of A Premises: One sign not exceeding ten (10) square feet in gross surface area shall be permitted at each entrance to the premises.

      7.   Signs Identifying A Multiple-Family Residential Building: One sign not exceeding sixteen (16) square feet in gross surface area shall be permitted per lot frontage.

      8.   Property Real Estate Signs: One sign per lot frontage not exceeding six (6) square feet in size per face.

   B.   Location And Height:

      1.   Ground Sign: No sign placed upon the ground shall be located closer than ten feet (10') to any interior property line and shall meet the sight triangle requirements of section 8-4A-6 of this chapter.

      2.   Wall Signs: No sign attached to the wall of a building or other structure shall extend above the roofline of that building or structure.

      3.   Residential, Identification, Monument Signs: Residential construction project signs, subdivision identification signs, monument signs and institutional identification signs shall not exceed fifteen feet (15') in height from the surrounding grade to the highest point of the sign. Other signs, unless otherwise indicated, shall not exceed eight feet (8') in height from the surrounding grade to the highest point of the sign.

      4.   Directional Signs: No sign shall exceed three and one-half feet (31/2') above the elevation of the adjacent driveway at the point which it meets the street right of way.

      5.   Property Real Estate Signs: No sign shall exceed six feet (6') in height from the surrounding grade to the highest point on the sign.

   C.   Other Requirements:

      1.   Construction Signs: Signs identifying mechanics, painters, architects, engineers, and similar artisans and workmen which are attached to or on trailers on the site of construction shall be permitted provided that upon completion of the project the trailer must be removed within one week. These trailers shall not be located closer than ten feet (10') to the street. All such signs shall be removed within two (2) years from the date of issuance of the sign permit, or when the project has received an approved final inspection.

      2.   Residential Construction Project Sign: Such signs shall be removed within two (2) years from the date of issuance of the sign permit, or when eighty percent (80%) of the lots or dwelling units have been sold, whichever circumstance occurs first.

      3.   Property Real Estate Signs: Shall be removed within five (5) days following the date of closing or lease initiation.

      4.   Directional Signs: May contain the street address or name of the business center or the name of the building, trademark, logo, or similar matter, provided that not more than fifty percent (50%) of the sign area is used for this purpose. (Ord. 2009-3, 5-12-2009)

   A.   Allowable Signs:

      1.   Residential And PD District Signage: All signs permitted in section 8-4C-7 of this article.

      2.   Attached Signs: One attached sign not exceeding five percent (5%) of the total square footage of the building face upon which it is placed. In the instance of corner lots, an additional attached sign will be permitted on each street footage of the respective building face upon which it is placed. For buildings with multiple tenants, see other requirements below.

      3.   Ground Signs: One ground sign per lot not exceeding sixty four (64) square feet per face may be substituted for the allowable pole sign.

      4.   Pole Signs: One pole sign per lot not exceeding ninety six (96) square feet per face.

      5.   Occupational/Identification Signs: One attached, nonilluminated sign not exceeding four (4) square feet in size displaying the name, occupation and/or service located upon the premises and the address.

      6.   Window Signs: Shall not cover more than twenty percent (20%) of the total window area or door to which they are applied.

      7.   Commercial Directory Signs: For buildings with multiple tenants, a directory sign may be substituted in lieu of the allowable pole sign and/or ground mounted sign not exceeding ninety six (96) square feet per face.

      8.   Projecting Signs: Projecting signs shall be permitted in lieu of freestanding signage on any street frontage limited to one sign per occupancy along any street frontage with public entrance to such an occupancy. Such signs shall not exceed thirty two (32) square feet per face.

   B.   Location And Height:

      1.   Attached Signs: Shall be face mounted on the building wall, projecting not more than one and one-half feet (11/2') from the face of the building. Such signs shall not project above the parapet wall, mansard, or other roofline, shall maintain a clearance of ten feet (10') above the ground or pavement, and shall be recessed where involving a pitched roof location.

      2.   Ground Signs: Such signs shall not exceed ten feet (10') in height from the surrounding grade to the highest point on the sign and shall be located no closer than ten feet (10') to any property line. Such signs shall meet the sight triangle of section 8-4A-6 of this chapter and shall not be located so as to obstruct vision at a vehicular entry or exit from the property.

      3.   Pole Signs: Such signs shall not exceed thirty feet (30') in height from the surrounding grade to the highest point on the sign, and shall be located no closer than two feet (2') to a street or road rights of way line, no closer than ten feet (10') to an interior property line. The bottom of the sign shall be at least eight feet (8') above surrounding grade.

      4.   Occupational/Identification Signs: Such signs shall conform to the location requirements of subsection A2, "Attached Signs", of this section.

      5.   Window Signs: Such signs may only be attached to the interior of a window or glass door and shall be maintained in good repair.

      6.   Commercial Directory Signs:

         a.   Ground Sign: Such signs shall not exceed fifteen feet (15') in height from the surrounding grade to the highest point of the sign, and shall be located no closer than ten feet (10') to any public street rights of way or property line.

         b.   Pole Sign: Such signs shall not exceed thirty feet (30') in height from the surrounding grade to the highest point on the sign, and shall be located no closer than two feet (2') to a street or road rights of way line, no closer than ten feet (10') to an interior property line. The bottom of the sign shall be at least eight feet (8') above surrounding grade.

      7.   Projecting Signs: No such sign shall extend vertically above the highest point of the building facade upon which it is mounted by more than six inches (6"), and shall not project horizontally more than eight feet (8'). The bottom of the sign shall be a minimum of eight feet (8') above grade. No such sign shall project into or over a public right of way.

      8.   Property Real Estate Signs: No such sign shall exceed fifteen feet (15') in height from the surrounding grade to the highest point of the sign, and shall be located no closer than ten feet (10') to any property line.

   C.   Other Requirements:

      1.   Construction Signs: Construction signs as permitted by subsection 8-4C-7C, "Other Requirements", of this article.

      2.   Number Of Signs: Each building or property shall be allowed a maximum of two (2) signs, which may be either an attached sign, a ground sign, or a pole sign, but the total number shall not include more than one sign of each of these types. Window signs and occupational/directional signs as regulated by this section are excluded from this maximum of two (2) signs. When a directory sign is substituted for the allowable pole and/or ground sign, only attached and/or fascia signs shall be allowed as additional signs.

      3.   Buildings With Multiple Occupancy: For buildings and/or property containing more than one business or tenant, each business or tenant may have one attached or projecting sign conforming to the requirements of this section. For the purposes of determining the total square footage of the attached or projecting sign, only the face of each respective lease unit to which the respective sign will be attached shall be counted. Each sign must be attached to the lease unit containing the business tenant identified.

      4.   Additional Wall Sign: Each building or property may have one additional attached sign conforming to the requirements of this section on walls containing a main entrance which face customer parking areas and are not visible from either a public or private street. For this exception to apply, the signs must be attached to the same wall as their respective entrances and both the signs and the entrances must be upon the same plane of the building. (Ord. 2009-3, 5-12-2009)

   A.   Allowable Signs:

      1.   Identification signs associated with permitted uses, not exceeding thirty two (32) square feet in gross surface area. One such sign shall be permitted on each frontage.

   B.   Location And Height:

      1.   No sign placed upon the ground shall be located closer than ten feet (10') to any interior property line and shall meet the sight triangle requirements of section 8-4A-6 of this chapter.

      2.   No sign attached to the wall of a building or other structures shall extend above the roofline of that building or structure.

      3.   With the exception of monument signs, no sign shall exceed ten feet (10') in height from the surrounding grade to the highest point of the sign. Monument signs shall not exceed twelve feet (12') in height from the surrounding grade to the highest point of the sign.

      4.   Memorial or tablet signs: No sign shall exceed six feet (6') in height from the surrounding grade to the highest point on the sign. (Ord. 2009-3, 5-12-2009)

   A.   Automobile And Truck Services Stations; Convenience Stores With Gasoline Pumps:

      1.   Allowable Signs:

         a.   Brand Identification Signs:

            (1)   One pole sign not exceeding ninety six (96) square feet per face.

            (2)   One ground sign, in lieu of a pole mounted sign, not exceeding sixty four (64) square feet in size per face.

            (3)   One attached sign not exceeding five percent (5%) of the total square footage of the building face upon which it is placed. In the instance of corner lots, an additional sign will be permitted on each street frontage of building not exceeding five percent (5%) of the total square footage of the respective building face upon which it is placed.

            (4)   One attached company logo not exceeding thirty two (32) square feet per street frontage.

         b.   Price Signs:

            (1)   One price sign per pump island not exceeding two (2) square feet per face per sign.

            (2)   One price sign as component of the permitted pole sign not exceeding ten (10) square feet per face in lieu of the price signs per pump island.

            (3)   In those instances where digital price signs are utilized, such signs shall be constant in nature, and shall not travel, flush, inverse, write-on, up or down scroll, roll, grow, melt, X-ray, twinkle, snow, or otherwise change in nature.

         c.   Self-Service And/Or Full Service Signs: Two (2) self-service signs per pump island not exceeding five (5) square feet per face per sign.

         d.   Federal And State Stamps, Etc.: Federal and state stamps, octane ratings, pump use directions, no smoking signs, as required by federal, state and local authorities.

      2.   Location And Height:

         a.   Brand Identification Signs:

            (1)   Pole signs: As regulated by this section.

            (2)   Ground mounted signs: As regulated by this section.

            (3)   Attached signs: As regulated by this section.

         b.   Company Logos: As regulated by this section for attached signs.

         c.   Price Signs And Self-Service And/Or Full Service Signs: Shall be located at the ends of pump island and may be affixed to the canopy, canopy supports, poles or end pumps.

         d.   Federal And State Stamps, Etc.: Shall be placed upon the body of the gasoline pump, or as required by the respective governmental authority.

      3.   Other Requirements:

         a.   Canopy Use: An attached or detached canopy may be used in lieu of the permitted pole sign for the location of brand identification signs, or as an alternative location for price signs, or company logos.

         b.   Portable Signs: The use of portable signs for the advertisement of cigarettes, food, or other sundry items is specifically prohibited.

   B.   Special Displays And Other Temporary Signs:

      1.   The following temporary signs may be approved by the zoning administrator for up to a thirty (30) day time period. The use of such devices for special promotions shall be limited to three (3) such events for each business in a calendar year with a maximum time period of fourteen (14) days for each event. These events may be consecutive.

         a.   Banners and pennants.

         b.   Sign announcing openings.

         c.   Seasonal or special occasion signs such as special events and special business hours.

   C.   Standard Outdoor Advertising Structures (Billboards):

      1.   Where Permitted: Advertising signs complying with all the requirements of this title shall be permitted upon all property with the M general manufacturing and I industrial districts. Within areas zoned PD planned development district or property in any district upon which a special use permit has been issued, such advertising signs shall only be permitted when specifically authorized upon the final development plan or permit approval.

      2.   Area And Height:

         a.   The maximum area for any one sign shall not exceed six hundred seventy two (672) square feet in size per face excluding extensions and embellishments, with a maximum height of fourteen feet (14') and a maximum length of forty eight feet (48') inclusive of border and trim, but excluding the base, apron, supports, and other structural members.

         b.   Extensions to the top of advertising signs are permitted. However, in no case shall any extensions exceed ninety six (96) square feet in total area or extend more than five and one-half feet (51/2') in height above the top of said sign. Other extensions are permitted as follows:

            (1)   Side extensions: Two feet (2') on each side.

            (2)   Bottom extensions: One foot (1').

         c.   Embellishments to advertising signs shall not exceed one foot (1') out from the facing of said sign.

         d.   The maximum height shall not exceed fifty feet (50') from the highest point on the sign to surrounding grade or street level, whichever is higher.

         e.   The maximum size limitations shall apply to each side of a sign structure, and signs may be placed back to back or in a V-type construction with not more than three (3) side by side displays to each facing, but such sign structures shall be considered as one sign. A group of not more than two (2) advertising signs shall be permitted on one sign structure. However, there shall be no vertical stacking signs.

      3.   Location:

         a.   No such sign shall be erected within one thousand (1,000) linear feet of an existing sign in any direction, considering both sides of the road as one.

         b.   No such sign shall be located within one thousand (1,000) linear feet of a residential district.

         c.   No sign shall be located in such a manner as to obstruct or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.

         d.   No structures may be located adjacent to or within five hundred feet (500') of an interchange, intersection at grade, or safety rest area. Said five hundred feet (500') shall be measured from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way.

         e.   The minimum front yard setback for such signs shall be fifty feet (50') from any public right of way, and/or private roadway easement.

         f.   No sign shall be located on any public or private utility easement, road, drainage easement, or railroad right of way.

         g.   All linear distances required by this section shall be measured from the nearest outside edge of the subject sign, whether a support, structural member, or the sign surface itself, to the nearest outside edge of the corresponding sign, building, right of way, or easement involved.

      4.   Plans Required: An application to erect such a sign shall be accompanied by the following:

         a.   A site plan to scale containing:

            (1)   The proposed location for the sign upon the property.

            (2)   The distance from the proposed sign location to any buildings upon the property, and adjoining street right of way lines, and driveway entrances.

            (3)   The distance from the proposed sign location to the next nearest billboard sign on either side of the street in either direction.

            (4)   The distance from the proposed sign location to the nearest street intersection in either direction.

            (5)   Lighting plan.

            (6)   Other information deemed necessary by the zoning administrator.

         b.   A representation of the proposed sign, to scale, including the width and length of the sign faces, and height from surrounding grade.

      5.   Construction Specification: Henceforth, any such sign erected under this title shall be single pedestal type, constructed of nonflammable material, excluding wood.

   D.   Tourist Oriented Destination Signs (TODS): Permitted in all districts and may only be acquired through the appropriate highway authority. TODS are located in the ROW by the highway authority. (Ord. 2009-3, 5-12-2009)

The off street parking and off street loading provisions of this title shall apply as follows:

   A.   Accessory off street parking and off street loading facilities shall be provided as required by the regulations of this article for all buildings and structures erected and all uses of land established in each district after the effective date hereof.

   B.   When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement in the amount specified herein requiring parking or loading facilities, such additional parking and loading facilities as required herein shall be provided.

   C.   Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if said building or structure was erected prior to the effective date hereof, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use, if the latter were subject to the parking and loading provisions of this title. (Ord. 2009-3, 5-12-2009)

Accessory off street parking facilities in existence on the effective date hereof and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than shall not be further reduced below, the requirements for a similar new building or use under the provisions of this title. (Ord. 2009-3, 5-12-2009)

Nothing in this title shall be deemed to prevent the voluntary establishment of off street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, and operation of such facilities are adhered to. (Ord. 2009-3, 5-12-2009)

For any conforming or nonconforming building or use which is in existence on the effective date hereof, which subsequently is damaged or destroyed by fire, collapse, explosion, or other cause, and which is reconstructed, reestablished, or repaired, additional off street parking or loading facilities need not be provided, except that such parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. (Ord. 2009-3, 5-12-2009)

Off street parking facilities for motor vehicles shall be provided in accordance with the following regulations:

   A.   Use: Accessory off street parking facilities required for uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants, or employees. When bus transportation is provided for patrons, occupants or employees of a specific establishment, additional open or enclosed off street parking spaces for each bus to be parked on the premises shall be provided in accordance with regulations of sections 8-4D-6 and 8-4D-7 of this article.

   B.   Computation: When determination of the number of off street parking spaces required by this title results in a requirement of a fractional space, any fraction of one-half (1/2) or less may be disregarded while a fraction in excess of one-half (1/2) shall be counted as one parking space.

   C.   Collective Provisions: Off street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each use and provided that all regulations governing location of accessory parking spaces, in relation to the use served, are adhered to. Further, no parking spaces or portions thereof shall serve as a required space for more than one use unless otherwise authorized by the zoning board of appeals.

   D.   Employee Parking: Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both on the premises at any one time.

   E.   Repair And Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with any accessory parking facilities. No gasoline or motor oil shall be sold in conjunction with any accessory parking facilities.

   F.   Accessible/Handicapped Spaces: In addition to the requirements of section 8-4D-7 of this article, accessible/handicapped parking spaces shall be provided as required below or as amended per the current requirements of the Illinois accessibility code.

 

      1.   Parking Space Dimensions: Shall be at least twenty feet (20') in length and sixteen feet (16') in width including an eight foot (8') wide diagonally striped access aisle.

      2.   Location: Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. (Ord. 2009-3, 5-12-2009)

   A.   Open And Enclosed Parking Spaces: Accessory parking spaces may be open to the sky or enclosed in a building, carport or structure.

   B.   Surfacing: All open off street parking areas, containing more than eight (8) parking spaces shall be graded and paved with asphalt, concrete, asphaltic concrete, or seal coat except in the following instances:

      1.   Parking lots that are accessory to a special event as approved in accordance with the provisions of this article.

      2.   Agricultural demonstrations and other not for profit activities.

   C.   Screening: Where automobile parking areas containing more than eight (8) parking spaces are located less than forty feet (40') from the nearest property line of a lot in an R-1 single-family district or R-2 two-family district or a lot containing a dwelling as a principal use, they shall be effectively screened from such property line by a transition screen meeting the specifications of section 8-4A-9 of this chapter.

   D.   Lighting: Any lighting used to illuminate off street parking areas shall be directed away from residential properties in such a way as not to create a nuisance. (See section 8-4E-3, "Outdoor Lighting Standards", of this chapter.)

   E.   Driveways: Each required off street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. No driveway that crosses public property at the right of way line shall exceed a width of twenty five feet (25') in a residential district and thirty five feet (35') in commercial and industrial districts.

   F.   Location: All parking spaces required to serve buildings or uses erected or established after the effective date hereof shall be located on the same lot as the building or use served. Buildings or uses existing on the effective date hereof which are subsequently altered or enlarged so as to require the provision of parking spaces under this title may be served by parking facilities located on other than the lot on which the building or use served is located, provided such facilities are within three hundred feet (300') walking distance of the main entrance of the use served.

   G.   Parking Space Dimensions: Required off street parking spaces shall be at least nine feet (9') in width and at least twenty feet (20') in length, exclusive of access drives or aisles, ramps, columns, or office or work areas. Enclosed parking spaces shall have a vertical clearance of at least seven feet (7'). (Ord. 2009-3, 5-12-2009)

The minimum number of off street parking spaces required for uses allowed are provided in schedules A and B of this section. Schedule A provides off street parking requirements for land uses with a single type of activity and schedule B provides off street parking requirements for land uses with multiple types of activities.

 

 

 

(Ord. 2009-3, 5-12-2009)

The purpose of this article is to provide outdoor lighting standards that will improve safety, minimize glare and light trespass, and conserve energy for businesses and residents of Jo Daviess County. (Ord. 2009-3, 5-12-2009)

All new commercial, manufacturing, industrial and residential outdoor lighting installations shall meet the requirements of this article. (Ord. 2009-3, 5-12-2009)

   A.   Shielding Standards:

      1.   All nonexempt outdoor lighting fixtures with an initial output greater than or equal to two thousand (2,000) lumens shall be full cutoff.

      2.   All outdoor lighting fixtures with initial output less than two thousand (2,000) lumens are exempt from the requirements of this article.

      3.   All full cutoff outdoor lighting fixtures shall be installed and maintained in such a manner as to be horizontal to the ground so that the cutoff characteristics of the fixture are maintained.

      4.   Beyond the cutoff requirements of this section all light fixtures shall be located, aimed or shielded so as to minimize light trespass across property boundaries. Where applicable, all commercial installations shall utilize house-side shielding to minimize light trespass on residential properties.

   B.   Reduced Lighting Levels: Lighting levels shall be reduced to security levels within thirty (30) minutes after the close of business or the end of the business activity. (Ord. 2009-3, 5-12-2009)

   A.   Recreational Sports Facilities Lighting:

      1.   Shielding: Full cutoff lighting is strongly recommended. Where full cutoff fixtures are not utilized, acceptable outdoor light fixtures shall include those which:

         a.   Are provided with internal and/or external glare control louvers and installed so as to minimize uplight and off site light trespass, and

         b.   Are installed and maintained with aiming angles that permit no greater than five percent (5%) of the light emitted by each fixture to project above the horizontal.

      2.   Off Site Spill: The installation shall also limit off site spill (off the parcel containing the sports facility) to the maximum extent possible consistent with the illumination constraints of the design. A design goal of seventy five hundredths (0.75) full cutoff at any location on any nonresidential property, and twenty five hundredths (0.25) full cutoff at any location on any residential property, as measurable from any orientation of the measuring device, shall be sought.

   B.   Service Station Canopies: Lighting fixtures under any canopy shall be full cutoff to prevent glare. The portions of the canopy not included in the sign area shall not be illuminated.

   C.   Outdoor Advertising Signs:

      1.   Internally illuminated signs shall have dark backgrounds with light lettering.

      2.   Externally illuminated signs shall be lighted from the top down and lighting will be directed to minimize glare and light spill to nonsign areas.

   D.   Facade Lighting: The lighting of building facades is allowed and cutoff fixtures as defined by the Illuminating Engineering Society of North America (IESNA) are not required so long as shielded and directional fixtures are used. Fixtures must be installed and aimed so as to minimize glare, sky glow and light trespass.

   E.   Holiday Lighting: Holiday lighting is exempt from the provisions of this article.

   F.   Flag Lighting: The lighting of flags is allowed and cutoff fixtures as defined by the IESNA are not required so long as shielded and directional fixtures are used. Fixtures must be installed and aimed so as to minimize glare, sky glow and light trespass.

   G.   Emergency Lighting: Emergency lighting, used by police, firefighting, or medical personnel, or at their direction, is exempt from all provisions of this article for as long as the emergency exists.

   H.   Temporary Lighting: Temporary lighting, such as that used at construction sites or other uses of a temporary nature, is exempt from the provisions of this article. However temporary lighting shall be aimed so as to minimize glare and light trespass to adjacent properties and turned off upon the completion of the project.

   I.   State Maintained Roadways: Lighting for state maintained roadways is exempt from the provisions of this article.

   J.   Aviation Facility Lighting: ILS landing lighting systems, taxiway lighting, heliport landing area lighting, rotating beacons for landing facilities, and anything relating to the safety and direction of aircraft required by the FAA, state of Illinois department of aviation, or other aviation governing bodies, is exempt from the provisions of this article. (Ord. 2009-3, 5-12-2009)

Commercial and industrial installations must certify that the lighting system design and installation conforms to all applicable provisions of this article. (Ord. 2009-3, 5-12-2009)

Unless otherwise stated all luminance measurements for the purpose of this article shall be made at ground level with the meter oriented horizontally. (Ord. 2009-3, 5-12-2009)

The building ordinance adopted December 14, 1999, by the Jo Daviess County board, as from time to time amended, shall be applied to all zoning decisions under this title. It provides minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the unincorporated areas of Jo Daviess County and certain equipment specifically regulated therein. (Ord. 2009-3, 5-12-2009)

The land evaluation site assessment ordinance adopted by the Jo Daviess County board on July 11, 2006, as from time to time amended and approved by the Illinois department of agriculture, bureau of land and water resources and USDA - natural resources conservation services, shall be used in the analysis of all zoning decisions under this title as may be applicable by said ordinance. (Ord. 2009-3, 5-12-2009)

The JD special flood hazard areas ordinance adopted December 12, 2006, as from time to time amended, shall be applied to all of the zoning decisions under this title. (Ord. 2009-3, 5-12-2009)

The regulation of "telecommunications facilities" as defined in the ordinance regulation of telecommunications facilities adopted on July 9, 2002, by the county board of Jo Daviess County, as from time to time amended, and shall be governed by the terms of that ordinance and as may be regulated by the laws of the United States or the state of Illinois. (Ord. 2009-3, 5-12-2009)

The Jo Daviess County public nuisance ordinance adopted by the Jo Daviess County board on June 11, 1996, as from time to time amended, and shall be applied to all zoning decisions under this title. Its purpose is to define and abate public nuisances in the unincorporated area of Jo Daviess County, Illinois. (Ord. 2009-3, 5-12-2009)

The guest accommodations ordinance adopted by the county board of Jo Daviess County, Illinois on August 10, 1999, as from time to time amended, and shall be applied to all zoning decisions under this title. (Ord. 2009-3, 5-12-2009)

The subdivision ordinance adopted September of 1991, by the Jo Daviess County board, as from time to time amended, shall be applied to all zoning decisions under this title. (Ord. 2009-3, 5-12-2009)