(A)

This chapter establishes comprehensive regulations for the control of signs and other street graphics in order to preserve, protect, and promote the public health, safety, and general welfare.

(B)

More specifically, this chapter is intended to assist in achieving the following objectives:

(1)

To authorize the use of street graphics which are:

(a)

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

(b)

Expressive of the image this city desires to project;

(c)

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

(d)

Legible in the circumstances in which they are seen.

(2)

To foster high quality commercial and industrial development, and to enhance the economic vitality of existing businesses and industries by promoting the reasonable, orderly, and effective display of street graphics;

(3)

To encourage sound street graphic display practices and to mitigate the objectionable effects of competition in respect to the size and placement of street graphics;

(4)

To enhance the physical appearance of this city by protecting the human-made and natural beauty of the area;

(5)

To protect pedestrians and motorists from any damage or injury that might result from the improper construction, placement, or use of street graphics;

(6)

To protect the public investment in streets and highways by reducing the obstructions and distractions, which might cause traffic accidents;

(7)

To preserve the value of private property by assuring the compatibility of street graphics with nearby land uses; and

(8)

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

(1983 Code, § 18.5-1; Ord. 2944, passed 10-4-2001)

This chapter shall be applicable within the corporate limits of the city.

(1983 Code, § 18.5-2; Ord. 2944, passed 10-4-2001)

Every provision of this chapter shall be construed liberally in favor of this city. Whenever the requirements of this chapter differ from the requirements of any previously adopted ordinance or regulation, the ordinances or parts thereof that conflict with the provisions of this chapter are hereby repealed.

(1983 Code, § 18.5-3; Ord. 2944, passed 10-4-2001)

(A)

Except as may be provided otherwise by statute or ordinance, no officer, board member, agent, or employee of this city shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this chapter.

(B)

Any suit brought against any officer, board member, agent, or employee of this city as a result of any act required or permitted in the discharge of his or her duties under this chapter shall be defended by the City Attorney until the final determination of the legal proceedings.

(C)

Nothing in this chapter is intended to create a private cause of action in any person, business, or corporation. And, specifically, no consequential damages may be sought for loss of profits or business opportunity.

(1983 Code, § 18.5-4; Ord. 2944, passed 10-4-2001)

State Law reference— Local Governmental and Governmental Employees Tort Immunity Act, see ILCS Ch. 745, Act 10, § 1-101

For the purpose of this chapter, the following rules shall apply in construing the intended meaning of terminology used in this chapter, unless the context clearly indicates or requires a different meaning.

(A)

Unless the context clearly indicates otherwise, words and phrases shall have the meaning respectively ascribed to them in this section and § 153.006; terms not defined in these sections shall have the meanings respectively ascribed to them in the Zoning Ordinance of this city; if any term is not defined either in these sections or in the Zoning Ordinance, that term shall have the standard English dictionary meaning.

(B)

Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.

(C)

Words used in the present tense shall include the future tense.

(D)

Words used in the singular number shall include the plural number and the plural the singular.

(E)

All distances shall be measured to the nearest integral foot; 6 inches or more shall be deemed 1 foot.

(F)

Reference to sections shall be deemed to include all divisions within that section; but a reference to a particular division designates only that division.

(G)

A general term that follows or is followed by an enumeration of specific terms shall not be limited to the enumerated class unless expressly limited.

(1983 Code, § 18.5-27; Ord. 2944, passed 10-4-2001)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A-frame sign means a double-sided sign typically connected at the top and separated at the bottom to form an "A" when in use. For the purpose of this chapter, an A-frame sign is also referred to as a sandwich board sign.

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

Amendment means a change in the provisions of this chapter, properly effected in accordance with the procedures set forth in this chapter.

Amortization means the elimination of nonconforming street graphics over time in accordance with the procedures set forth herein.

Appeal means a procedure whereby any person aggrieved by any decision or order of the Building Official/Zoning Official in any matter related to the interpretation or enforcement of this chapter may seek relief from the Zoning Board of Appeals.

Awning means any roof-like structure made of cloth, metal, or other material attached to a building and erected over a window, doorway, or the like, in a manner as to permit its being raised or retracted to a position against the building, when not in use.

Banner means any sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamental applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions, symbolic flags of any institution or religion shall not be considered banners for the purpose of this section.

Banner, other. These may also be described as feather signs.

Beacon light means a light or fire commonly on a hill, tower, or pole, which is used as a signal for guidance.

Billboard means any single- or double-faced street graphic that is permanently fixed or placed on particular premises and that is used for the display of messages or advertising not associated with the establishment located on those premises. A billboard typically has provision for changing the message or advertising thereon.

Canopy means a roof-like structure similar to an awning, except that it cannot be raised or retracted to a position against the building.

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

Commercial public interest event means people or groups of people whose attention is particularly engaged in a commercial event or occurrence in which a group of suppliers set up displays at local businesses to promote a local business, product or service. This would include, but not be limited to, events such as customer appreciation days and the like.

Corrective action order means a legally binding order to effect compliance with this chapter; issued by the Building Official/Zoning Official in accordance with the procedures set forth herein.

Electronically operated sign. See Changeable copy sign.

Establishment means either of the following:

(A)

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

(B)

An institutional, business, commercial, or industrial activity that occupies a portion of a building and not a department of the whole; and where:

(1)

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

(2)

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

Feather sign. See Banner.

Flush-mounted sign means any sign attached to or erected against any wall, awning, canopy, or marquee with the exposed face of the sign in a place approximately parallel to the plane of the wall, awning, canopy, or marquee, and not projecting more than 18 inches. These signs shall not be painted directly on any exterior wall or roof.

Freestanding sign means any sign supported by 1 or more uprights, poles, or braces in or upon the ground in a permanent manner.

Frontage means the lineal extent of the lot abutting a street or public roadway, or the lineal extent of the lot abutting a public parking area if the lot has no street frontage.

General public interest means people or groups of people of the general public with or whose attention, concern, or curiosity is particularly engaged by an event or occurrence.

Highway sign means a freestanding sign that is erected and maintained within the reasonable and common sensed view of motorists who are driving on the interstate (I-55).

Inflatable means a plastic or rubber object that must be filled with air before use.

Lot means any tract of land intended as a unit for the purpose (whether immediate or future) of development or transfer of ownership. The term lot may or may not be synonymous with lot of record.

Marquee means any canopy made of durable materials that are a permanent fixture of the building to which it is attached.

May means the act referred to is discretionary.

Message means acommunication of identification or advertising information visually perceived. This communication may consist of words, abbreviations, numbers, symbols, pictures, geometric shapes, and the like.

Mobile/portable marquee means, commonly, any street graphic not designed to be permanently attached to a building or part thereof or to be anchored to the ground. These street graphics primarily include but are not limited to signs attached to wood or metal frames designed to be self-supporting poles, and the like.

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

Nonprofit event means something that takes place not seeking a profit.

Off-premises advertising sign. See Billboard.

Pennant means a long, tapering flag, usually triangular in shape.

Permanent sign means an object, device, display, structure, surface, or part thereof, that is used to advertise, identify, display or attract attention to any object, person, institution, organization, business, project, service, or event related to the premises on which the sign is situated by means, including words, letters, figures, designs, symbols, fixtures, colors, or illumination, that are intended to last, remain unchanged, are not expected to change in status, condition or place.

Person means any individual, firm, association, or corporate body.

Poster sign means a large, usually printed, often illustrated placard, bill, or announcement that is posted to advertise a business, product or service.

Premises means any lot plus all the structures and uses thereon.

Projecting sign means any sign which is supported by an exterior wall of a building or suspended beneath any awning, canopy, or marquee with the exposed face of the sign in a plane approximately perpendicular to the plane of the wall, or the like, and projecting more than 18 inches.

Promotional activity means the act of publicizing or advertising a product, service, business, organization, or venture so as to increase sales or promote public awareness.

Promotional sign means the act of publicizing or advertising a product, service, business, organization, or venture by the use of signs, banners, pennants, inflatables and poster signs. Such signs are not permanent, and will be changed on a regular basis.

Public entertainment event means the act of providing amusement or enjoyment to the community, people or groups of people.

Public interest event means the attention of people or groups of people of the general public with or whose attention, concern, or curiosity is particularly engaged by an event or occurrence.

Public interest sign means any object, device, or display that is used to advertise, identify, or attract attention of the general public with respect to a particular event or occurrence.

Reconstruct means to erect a street graphic after it has been damaged or destroyed.

Relocate means to move a street graphic to another portion of the premises or to a different premises.

Replace means to substitute a street graphic for an existing street graphic.

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

Roof-mounted sign means any sign erected or maintained on the roof of any building.

Sandwich board sign. See A-frame sign.

Shall means the act referred to is mandatory.

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

Sign means any object, device, display, structure, or surface or part thereof that is used to advertise, identify, display, or attract attention to any object, person, institution, organization, business, project, service, or event related to the premises on which the sign is situated by any means including words, letters, figures, designs, symbols, fixtures, colors, or illumination. Crosses and other religious symbols shall not be included in this definition.

Sign area means the area of the 1 imaginary square or rectangle that would completely enclose all parts of a sign including the background.

Sign area allowance means the total of the areas of all signs that a particular establishment is permitted to display under the terms of this chapter.

Snipe sign means any small sign, generally of a temporary nature, made of any material, when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences, or other objects not erected, owned and maintained by the owner of the sign.

Special street graphic permit means a permit issued by the city in accordance with the provisions of this chapter to regulate the design and placement of street graphics in areas of special controls.

Street banner means a long strip of flexible material displaying a slogan, advertisement, and the like, hung over a street.

Street frontage. See Frontage.

Street graphic means any on-premises identification or advertising sign, or any billboard or off-premises advertising sign, visible from the public right-of-way or from any parking area used by the general public.

Street graphic permit means a permit issued by the Building Official/Zoning Official to regulate the erection, expansion, alteration, relocation, or reconstruction of street graphics in all parts of this city except in areas of special controls.

Strobe light means a device that utilizes a flash tube for high-speed illumination.

Temporary sign means a sign, poster, placard or other advertising material that advertises a business or service on a temporary basis, until the business or service can install a permanent sign.

Variance means a relaxation of the requirements of this chapter that are applicable to a particular street graphic.

Window sign means any sign visible from the exterior of the building which is painted on, affixed to, or suspended immediately behind a window. A permanent window sign is one that is intended to remain on display for 365 days or more; a temporary window sign is one that is intended to remain on display for a shorter time period.

(1983 Code, § 18.5-28; Ord. 2944, passed 10-4-2001; Am. Ord. 3448, passed 1-7-2016; Am. Ord. 3553, passed 7-2-2019)

Any sign or other street graphic not expressly permitted by this chapter shall be deemed prohibited in this chapter.

(1983 Code, § 18.5-51; Ord. 2944, passed 10-4-2001; Am. Ord. 3553, passed 7-2-2019)

Cross reference— Penalty, see § 153.999

(A)

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

(1)

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

(2)

If a sign consists of individual letters, parts, or symbols, the area of the 1 imaginary square or rectangle that would completely enclose all the letters, parts, or symbols shall be deemed the sign area.

(3)

In calculating sign area, only 1 side of any double-faced sign shall be counted.

(4)

The area of signs of unusual shapes such as globes, cylinders, or pyramids shall be computed as ½ of the total of the exposed surfaces.

(B)

Sign area allowance.

(1)

Within the limitations and restrictions as further provided in this chapter, the total of the areas of flush-mounted signs which a particular establishment is permitted to display shall be computed according to the following formula: 2 square feet of sign area per 1 foot of lineal street frontage up to a minimum of 32 square feet.

(2)

The total areas of all other signs which a particular establishment is permitted to display shall be computed according to the same formula; provided that no establishment in any zoning district shall display more than 300 square feet of signs or 500 square feet if it is a highway sign.

(1983 Code, § 18.5-52; 1983 Code, § 18.5-53; Ord. 2944, passed 10-4-2001; Am. Ord. 2965, passed 3-7-2002; Am. Ord. 3553, passed 7-2-2019)

Cross reference— Penalty, see § 153.999

(A)

If any establishment has frontage on 2 or more streets, each side having frontage shall be considered separately for purposes of determining compliance with the provisions of this chapter. However, the sign area allowances shall not be combined so as to allow any establishment to display on any frontage a greater area of signs than this section would otherwise permit.

(B)

The side of an establishment adjacent to an off-street parking area shall be deemed frontage.

(1983 Code, § 18.5-54; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

No sign or other street graphic shall revolve, rotate, or mechanically move in any manner.

(1983 Code, § 18.5-55; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

Illumination of signs and other street graphics is permitted, subject to the following requirements.

(A)

Only white directional lighting is permitted in residential zoning districts and within 100 feet thereof.

(B)

No red, yellow, green, or other colored light shall be used at any location in a manner so as to confuse or interfere with vehicular traffic.

(C)

No sign shall have blinking, flashing, or fluttering lights or other illuminating devices which have a changing light intensity, brightness, or color; provided, that this provision shall not apply to any message on any electronically operated changeable copy sign. Beacon lights and illumination by flame are prohibited.

(D)

The light from any illuminated sign or other street graphic shall be shaded, shielded, or directed so as to avoid the creation or continuation of any nuisance or traffic hazard.

(E)

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

(1983 Code, § 18.5-56; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

(A)

No sign or other street graphic shall be erected, relocated, or maintained so as to prevent access or egress from any door, window, fire escape, or driveway.

(B)

No sign or other street graphic shall be erected or maintained in a manner that it interferes with, obstructs the view of, or is likely to be confused with any authorized traffic sign, signal, or device.

(C)

No sign shall be located so as to obstruct vision at an intersection or vehicular entry or exit from the property.

(1983 Code, § 18.5-57; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

(A)

Every sign or other street graphic shall be designed and constructed in conformity with the applicable provisions of the latest adopted International Building Code.

(B)

The electrical component of any illuminated sign or other street graphic shall conform to the applicable requirements of the latest edition of the National Electrical Code.

(1983 Code, § 18.5-58; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

The following street graphics are strictly prohibited everywhere in this city:

(A)

Mobile/portable marquees;

(B)

Snipe signs;

(C)

Signs, including posts and other supports, that advertise or identify an activity, business, or service no longer conducted on the premises where the sign is located must be removed within 60 days from the date of the discontinuance of that business, activity, or service; and

(D)

Signs painted on roofs or walls advertising off-premises businesses.

(1983 Code, § 18.5-86; Ord. 2944, passed 10-4-2001; Am. Ord. 3553, passed 7-2-2019)

Cross reference— Penalty, see § 153.999

(A)

Every sign or other street graphic enumerated below that complies with the indicated requirements may be erected in any zoning district of this city without a permit. The area of these signs or street graphics shall not be debited against the displaying establishment's sign area allowance.

(B)

All signs must be placed on private property. In the absence of sidewalk or boulevard, signs may be placed no more than 30 feet from center of road.

(C)

The signs and street graphics mentioned above are the following:

(1)

Construction signs identifying the architects, engineers, contractors, and other individuals or firms involved with the construction or announcing the character or purpose of the building, but not advertising any product. These signs shall not exceed 32 square feet in area, shall be confined to the site of the construction, and shall be removed within 14 days after the project has reached substantial completion of 90%;

(2)

Directional and informational signs erected for the convenience of the public, such as signs identifying entrances, exits, parking areas, no-parking areas, restrooms, public telephones, walkways, and similar features or facilities. These signs shall not exceed 3 square feet in area;

(3)

National flags, flags of political subdivisions, and symbolic flags of any institution or religion;

(4)

Garage sale signs advertising a garage or yard sale on private residential property. These signs shall not exceed 4 square feet in area, shall not be posted for longer than 3 days, and are not allowed to be on street right-of-way;

(5)

Governmental or public signs, such as traffic-control signs, railroad crossing signs, legal notices, signs indicating the location of underground cables, and the like;

(6)

Holiday decorations such as Christmas lights and ornaments, provided that the decorations must be removed within a reasonable time after the holiday;

(7)

House numbers and name of occupant signs located on the lot to which the sign pertains. These signs shall not exceed 3 square feet in the area for single-family dwellings nor 6 square feet for multiple-family dwellings;

(8)

Institutional signs for public, charitable, or religious institutions. These signs shall be located on the premises of the institution, shall not obstruct the vision of motorists, and shall not exceed 32 square feet in area;

(9)

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

(10)

Interior signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, provided these signs are not visible from the exterior of the buildings;

(11)

Political campaign signs, announcing candidates seeking public office and/or political issues and other pertinent information, except that such signs shall be allowed on private property. Political signs shall not exceed 3 square feet;

(12)

Property regulation signs such as no trespassing, no hunting, no fishing, and the like. These signs shall not exceed 3 square feet in area;

(13)

Public interest signs publicizing a charitable or nonprofit event of general public interest. In any residential district, these signs shall not exceed 16 square feet in area; elsewhere, these signs shall not exceed 32 square feet. Public interest events that have regularly scheduled events (a minimum of 1 per month) shall be allowed to display street graphics, with the following requirements:

(a)

Signs for non-regularly scheduled public interest events may be displayed a maximum of 2 weeks (14 days) prior to the initial event and removed 1 week (7 days) after the event;

(b)

Signs for regularly scheduled public interest events may be displayed a maximum of 2 weeks (14 days) prior to the initial public interest event, and shall be removed 1 week (7 days) after the final scheduled event of the calendar year;

(c)

Signs for regularly scheduled public interest events shall be allowed to remain for the duration of the scheduled events for each calendar year;

(d)

No more than 1 public interest sign per event will be displayed per property location where the sign is displayed;

(e)

All supports, frames or other material used in the installation of these public interest events will be removed when the signs are not displayed;

(f)

In the case public interest events are voluntarily cancelled or voluntarily cease to have scheduled events for 1 month after the last event held, signs, supports frames, material and the like, shall be removed and signs shall not displayed;

(g)

In the event public interest events are reinstated or started after they are voluntarily cancelled or voluntarily cease to have scheduled events for 1 month after the last event held, divisions (b) and (c) above will be used prior to the display of public interest signs;

(h)

In the case public interest events are cancelled or postponed due to inclement weather or unusual circumstances in which the event has no control, divisions (f) and (g) above will not apply;

(i)

Public interest signs shall be secured so as not to sag, come loose, and the like. In the event signs sag, come loose, are damaged, or become illegible, the affected signs shall be removed, secured or repaired within 24 hours;

(j)

Signs for public interest events held outside the city limits will be permitted provided they comply with the criteria as defined for public interest signs.

Completed applications for public interest signs shall be submitted to the Building and Zoning Department for review and the issuance of a sign permit prior to the installation of public interest signs. No permit fee will be required for public interest signs;

(14)

Real estate signs indicating the sale, rental, or lease of the premises on which they are located. These signs on residential property shall not exceed 6¼ square feet in area, and not more than 1 real estate sign per street front shall be erected on any lot. On other property, these signs shall not exceed 32 square feet, may be positioned in a "V" shape with an interior angle between the faces of not more than 90 degrees with the distance between the sign faces not exceeding 5 feet at their closest point. These signs shall be removed within 7 days after the sale, rental, or lease;

(15)

Residential development identification structures at major entrances designed to identify a residential subdivision, apartment complex, or planned unit development; containing no commercial advertising; and not exceeding 40 square feet in actual signage area;

(16)

Street signs advertising a public entertainment or public interest event.

(a)

Street signs advertising a public entertainment or public interest event placed on city-owned property must be approved by the Mayor.

(b)

All other street signs advertising a public entertainment or public interest event will be approved by the Building and Zoning Department.

(c)

Street signs advertising a public entertainment or public interest event will comply with the criteria as set forth in divisions (B)(1) through (B)(10) above.

(d)

Completed applications for public entertainment or public interest events will be submitted to the Building and Zoning Department for review and the issuance of a sign permit prior to the installation of the public entertainment or public interest event signs. No permit fee will be required for public entertainment or public interest event signs;

(17)

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

(18)

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

(19)

Any sign, installed on the inside of the fence enclosing an athletic field, but shall not exceed more than 32 square feet.

(1983 Code, § 18.5-87; Ord. 2944, passed 10-4-2001; Am. Ord. 3302, passed 2-1-2011; Am. Ord. 3448, passed 1-7-2016; Am. Ord. 3353, passed 7-2-19)

Cross reference— Penalty, see § 153.999

Upon the effective date of this chapter, no signs or other street graphics except those listed in § 153.041 of this code shall be erected in any residential district.

(1983 Code, § 18.5-88; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

No establishment located in any commercial district or in the industrial district shall display a total area of signs in excess of its sign area allowance, as set forth in § 153.021(B) of this code. Additionally, signs in any commercial district or industrial district shall conform to the requirements indicated in the provisions below.

(1983 Code, § 18.5-89; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

(A)

For aesthetic and safety reasons, flush-mounted signs are the preferred type of sign in this city.

(B)

No flush-mounted sign shall:

(1)

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

(2)

Extend more than 3 feet above the roof line of the building to which it is attached;

(3)

Project over a street, alley, public sidewalk, or driveway, or closer than 2 feet to the curb or edge of that vehicular way; or

(4)

Extend below a point 10 feet above the ground or pavement.

(1983 Code, § 18.5-116; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

Signs mounted flush against any awning, canopy, or marquee shall be considered flush-mounted signs, and shall comply with the regulations of § 153.055 of this code. Signs suspended beneath any awning, canopy, or marquee shall be considered projecting signs, and shall comply with the regulations of § 153.055 of this code. When the message is placed directly on the awning, the sign area shall be the computation of the area of the 1 imaginary square or rectangle which would completely enclose all the letters, parts, or symbols.

(1983 Code, § 18.5-117; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

Any establishment may display window signs. Permanent window signs shall cover no more than 30% of any window. Permanent window signs shall be debited against the displaying establishment's sign area allowance, but temporary window signs shall not.

(1983 Code, § 18.5-118; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

A shopping center, as an entity, may erect an identification sign in accordance with the provisions of this chapter if the total gross floor area of all the establishments located in the center exceeds 50,000 square feet. A shopping center identification sign shall not exceed 200 square feet in area.

(1983 Code, § 18.5-119; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

(A)

No more than 1 freestanding sign shall be displayed on any street front of any lot.

(B)

All freestanding signs shall comply with the following regulations.

(1)

No part of any freestanding sign shall intrude into or project over any public right-of-way.

(2)

No freestanding sign shall be erected within the city or state right-of-way.

(3)

No freestanding sign shall be located so as to obstruct vision at an intersection or vehicular entry or exit from the property. On corner lots in the triangular portion of land bounded by the street lines that are 25 feet from the point of intersection, no obstruction, whether natural or human-made, shall intrude into the air space that exceeds 4 feet above the level of the adjacent street.

(4)

No freestanding sign shall exceed a total of 120 square feet in area, provided that this provision shall not apply to shopping center identification signs.

(1983 Code, § 18.5-120; Ord. 2944, passed 10-4-2001; Am. Ord. 2965, passed 3-7-2002; Am. Ord. 3553, passed 7-2-2019)

Cross reference— Penalty, see § 153.999

Upon the effective date of this chapter, all existing roof-mounted signs will be allowed. All new roof-mounted signs are strictly prohibited everywhere in this city after the effective date of this chapter.

(1983 Code, § 18.5-121; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

(A)

Upon the effective date of this chapter, all existing billboards will be allowed. After the effective date, division (B) of this section will regulate all new billboards.

(B)

Billboards (including all off-premises advertising signs) are prohibited in this city except by special use permit in the commercial, heavy industrial, and light industrial zones as designated by the Zoning Ordinance. A maximum of 25 billboards are allowed within this jurisdiction at any 1 time.

(1)

No billboard shall:

(a)

Exceed 60 square feet in area, excluding city billboards;

(b)

Be stacked on top of another billboard; but billboards may be placed back to back or in a "V" type construction with not more than 1 graphic to each facing;

(c)

Be located closer than 2,000 feet to any other billboard on the same side of the roadway or within 1,000 feet to any other billboard; or

(d)

Extend more than 30 feet above the ground or pavement.

(2)

All billboards must be set back from all property lines a minimum of 20 feet or the overall height of the sign and supporting structure, whichever is greater.

(1983 Code, § 18.5-122; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

Any business enterprise consisting of retail sales and/or services directly to the public shall be able to use A-frame signs, banners, pennants, inflatables and poster signs for promotional activities. The use of banners, pennants, inflatables and poster signs for these promotional activities will be permitted according to the guidelines as outlined herein, and shall be confined to the property on which the business enterprise is located. No fee or application will be required for promotional signs.

(A)

No more than 2 banners, or 4 poster signs, and 1 A-frame sign shall be installed on the property where the business enterprise is located.

(B)

Each banners shall not exceed 50 square feet.

(C)

Each poster sign shall not exceed 6 square feet.

(D)

All supports, frames or other material used in the installation and support of promotional signs shall be removed when signs are not displayed.

(E)

Promotional signs shall be secured so as not to sag, come loose, and the like. In the event signs sag, come loose, are damaged, or become illegible, the affected signs shall be removed, secured, or repaired within 24 hours.

(F)

Pennants and inflatables shall not advertise a product, business or service and the like.

(G)

Commercial public interest events in which a group of suppliers of merchandise set up displays at a local business to promote a local business product or service shall be exempt from promotional sign regulations. Such commercial public interest events shall not occur more than once in 30 days and shall not exceed 7 consecutive days. This would include, but not be limited to, such events as customer appreciation days.

(H)

A-frame signs to be used in commercial areas only, when sidewalk is 8-foot minimum width. Must maintain a 6-foot wide unobstructed pedestrian walkway at all times on the sidewalk.

(I)

Sign area calculation shall use the guidelines as outlined in § 153.021(A)(1), (2) and (4).

(1983 Code, § 18.5-123; Ord. 2944, passed 10-4-2001; Am. Ord. 3448, passed 1-7-2016; Am. Ord. 3553, passed 7-2-2019)

Cross reference— Penalty, see § 153.999

(A)

If an establishment does not have an existing street graphic, a mobile/portable sign (not to exceed 32 square feet, i.e., 4 feet by 8 feet) or a banner (not to exceed 50 square feet) may be used for a period of time not to exceed 30 consecutive days.

(1)

When a permanent sign is installed, all temporary signs shall be removed. All supports, frames or other material used in the installation and support of temporary signs will be removed when the temporary sign is no longer displayed.

(2)

Temporary signs shall be confined to the property on which the business enterprise is located.

(3)

Sign area calculation shall use the guidelines as outlined in § 153.021(A)(1), (2) and (4).

(B)

Completed applications for temporary signs will be submitted to the Building and Zoning Department for review and the issuance of a sign permit prior to the installation of temporary signs. No permit fee will be required for temporary signs.

(1983 Code, § 18.5-124; Ord. 2944, passed 10-4-2001; Am. Ord. 3448, passed 1-7-2016)

Cross reference— Penalty, see § 153.999

One directional sign for tract sales of lots or houses off-site is allowable in any business or manufacturing district if the sign meets the following conditions:

(A)

The final plat of the subdivision must contain 10 or more lots;

(B)

The sign may not exceed 32 square feet;

(C)

An approved sign permit has been obtained for the sign;

(D)

These signs must be posted off of public right-of-way and only with the written permission of the property owner; and

(E)

Signs must be removed when 90% of the houses or lots have been sold or if 36 months have expired from the time of erection of the sign.

(1983 Code, § 18.5-125; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

(A)

The Building Official/Zoning Official is hereby authorized and directed to administer and enforce the provisions of this chapter.

(B)

This broad responsibility encompasses, but is not limited to, the following specific duties:

(1)

To review and pass upon applications for street graphic permits;

(2)

To inspect existing and newly constructed street graphics to determine compliance with this chapter, and where there are violations, to initiate appropriate corrective action;

(3)

To review and forward to the Zoning Board of Appeals or Plan Commission, as may be applicable, all applications for special street graphic permits, variances, appeals, and amendments;

(4)

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

(5)

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

(6)

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

(7)

To perform other duties as the City Council may from time to time prescribe.

(Ord. 3332, passed 1-10-2012; Am. Ord. 3448, passed 1-7-2016)

Upon the effective date of this chapter, no sign, billboard, or other street graphic, except those listed in § 153.041 of this code, shall be erected, expanded, altered, relocated, or reconstructed without a street graphic permit issued by the Building Official/Zoning Official.

(1983 Code, § 18.5-157; Ord. 2944, passed 10-4-2001; Am. Ord. 3448, passed 1-7-2016)

Cross reference— Penalty, see § 153.999

Every applicant for a street graphic permit shall submit on a city-supplied form, to the Building Official/Zoning Official, in narrative or graphic form, all the items of information listed below:

(A)

The name, address, and telephone number of the applicant;

(B)

The name and address of the owner of the premises on which the street graphic is to be erected, if different from division (A) of this section;

(C)

The location of the building, structure, or lot where the proposed street graphic is to be erected, and the zoning district classification of the premises;

(D)

A description of the proposed street graphic indicating proposed location, dimensions, area, overall height, illumination, and method of support and attachment;

(E)

The relationship of the proposed street graphic to nearby traffic-control devices;

(F)

The amount of street frontage that the establishment which proposes to display the street graphic has, and the total area of all existing signs on the premises; and

(G)

Other information as the Building Official/Zoning Official shall reasonably require to determine full compliance with this chapter.

(1983 Code, § 18.5-158; Ord. 2944, passed 10-4-2001; Am. Ord. 3448, passed 1-7-2016)

Cross reference— Penalty, see § 153.999

A nonconforming street graphic may remain and be maintained by ordinary repairs, subject to the following restrictions and criteria:

(A)

The nonconforming street graphic shall not be altered or enlarged in a way as to increase its nonconformity;

(B)

The nonconforming street graphic shall not be replaced by another nonconforming street graphic; provided that changing the message on a changeable sign shall not be a violation of this provision;

(C)

The nonconforming street graphic shall not be relocated unless it is made to conform with this chapter;

(D)

The nonconforming street graphic shall not be reconstructed after incurring damage in an amount exceeding 50% of its market value at the time of loss, as determined by the Building Official/Zoning Official; and

(E)

Any street graphic that is conforming or nonconforming and imposes an imminent peril to life or property on the effective date of this chapter shall either be removed or made to comply with this chapter within the time limit as set forth in this chapter.

(1983 Code, § 18.5-159; Ord. 2944, passed 10-4-2001; Am. Ord. 3448, passed 1-7-2016)

Cross reference— Penalty, see § 153.999

Whenever the Building Official/Zoning Official finds, by inspection or otherwise, that any street graphic is in violation of this chapter, he or she shall so notify the responsible party in writing pursuant to § 153.080, and shall order appropriate corrective action; provided, that this notice requirement shall not apply whenever the Building Official/Zoning Official determines that any street graphic poses an imminent peril to life or property or whenever that street graphic is strictly prohibited. In situations where the owner of the sign has not been identified, the Building Official/Zoning Official may notify the person, business, entity who benefits from the particular sign, or the person who placed the sign, requesting that appropriate corrective action be taken.

(1983 Code, § 18.5-160; Ord. 2944, passed 10-4-2001; Am. Ord. 3448, passed 1-7-2016)

Cross reference— Penalty, see § 153.999

(A)

Contents of order. The order to take corrective action shall be in writing and shall include:

(1)

A description of the premises sufficient for identification;

(2)

A statement indicating the nature of the violation;

(3)

A statement of the remedial action necessary to effect compliance;

(4)

Corrective action must be taken 72 hours after receipt of corrective action order;

(5)

A statement that the alleged violator is entitled to conference with the Building Official/Zoning Official if he or she so desires;

(6)

The date by which an appeal of the corrective action order must be filed, and a statement of the procedure for so filing; and

(7)

A statement that failure to obey a corrective action order shall result in revocation of the street graphic permit, and may result in remedial action by this city and the imposition of a fine.

(B)

Service of order. A corrective action order shall be deemed properly served upon the owner of the offending street graphic if it is:

(1)

Served upon him or her personally; or

(2)

Sent by certified mail to the last known address of the owner and, when practicable, posted in a conspicuous place on or about the affected premises.

(1983 Code, § 18.5-161; 1983 Code, § 18.5-162; Ord. 2944, passed 10-4-2001; Am. Ord. 3448, passed 1-7-2016)

Cross reference— Penalty, see § 153.999

(A)

In order that the spirit of this chapter be observed and substantial justice done, the Zoning Board of Appeals shall, upon application or appeal, after conducting a public hearing and upon making a finding of fact, make a determination as to all appeals which have been made to it from the decision of the Building Official/Zoning Official and, further, may also, owing to special conditions, find that a literal enforcement of the provisions of this chapter would result in unnecessary hardship, may vary the conditions of this chapter as hereinafter outlined.

(B)

(1)

The Zoning Board of Appeals shall hold a public hearing on each variance or appeal requested. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Proper notice procedures shall be followed.

(2)

The Zoning Board of Appeals shall not grant any graphic variance unless, based upon evidence presented to it, it determines that:

(a)

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

(b)

Strict application of the requirements of this chapter would result in great practical difficulties or hardship to the applicant;

(c)

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

(d)

The proposed variance is the minimum deviation from the requirements that will alleviate the difficulties or hardship while protecting the broader public interest.

(C)

The Zoning Board of Appeals shall follow guidelines and requirements as set forth in Article 8 and Article 9 of Zoning Ordinance #2831 when determining requests for appeals.

(D)

All appeals of the decision of the Building Official/Zoning Official shall be within the time frame as set forth in Article 8 and Article 9 of Zoning Ordinance #2831.

(E)

Requests for special use permits under this chapter shall be administered as provided for special use permits in Chapter 150, the Litchfield Zoning Code.

(Ord. 3332, passed 1-10-2012; Am. Ord. 3448, passed 1-7-2016)

(A)

Remedial action. Whenever the recipient of a corrective action order fails to obey the order within the time limit set forth therein, or in an emergency, the Building Official/Zoning Official may alter or remove the offending street graphic or take any other action necessary to effect compliance with this chapter.

(B)

Reimbursement for costs. Any expense incurred by this city pursuant to authorized street graphic remedial action, pursuant to § 153.079 and division (A) of this section, shall be billed by first class mail to the owner of the offending street graphic. If this bill has not been paid within 30 days, the unpaid charge shall constitute a lien upon the real estate where the street graphic is located. The City Attorney is hereby authorized to file a notice of lien in the office of the Recorder of Deeds of the county, to foreclose this lien, and to sue the owner of the real estate, or the sign permittee, or their agents, in a civil action to recover the money due for the foregoing services, plus all expenses incurred pursuant to collection efforts including services, plus all expenses incurred pursuant to collection efforts including litigation expenses, plus reasonable attorney's fees to be fixed by the court.

(1983 Code, § 18.5-164; 1983 Code, § 18.5-165; Ord. 2944, passed 10-4-2001; Am. Ord. 3448, passed 1-7-2016)

Cross reference— Penalty, see § 153.999

Whenever any violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Building Official/Zoning Official. The Building Official/Zoning Official shall record the complaints, promptly investigate, and, if he or she deems necessary, initiate appropriate corrective action.

(1983 Code, § 18.5-166; Ord. 2944, passed 10-4-2001; Am. Ord. 3448, passed 1-7-2016)

Cross reference— Penalty, see § 153.999

All fees indicated in tabular form below shall be paid to the City Clerk. These fees are intended to defray the administrative costs connected with the processing and enforcement of the listed permits and procedures; they do not constitute a tax or other revenue-raising device.

(1983 Code, § 18.5-168; Ord. 2944, passed 10-4-2001)

Cross reference— Penalty, see § 153.999

(A)

Violation of any provision of this chapter for which no other penalty is provided shall, upon conviction, be punishable as provided in § 10.99 of this code.

(B)

(1)

Any person who is convicted of a violation of this chapter shall be fined not less than $25 nor more than $750, plus court costs. Each day that a violation continues shall be considered a separate offense.

(2)

Nothing contained in this chapter shall prevent this city from taking any other lawful action that may be necessary to secure compliance with this chapter.

(1983 Code, § 18.5-167; Ord. 2944, passed 10-4-2001)