This article shall be known and may be cited as the Neoga Sign Ordinance.

(Ord. No. 739-02-2004, § 1, 2-16-04)

This article shall be effective throughout the city's zoning jurisdiction. The powers enumerated by this article may be exercised within the city's zoning jurisdiction which includes the corporate limits and within contiguous territory not more than one and one-half miles beyond the corporate limits of the City of Neoga, where county zoning requirements do not exist. Such zoning jurisdiction may be modified from time to time in accordance with 65 ILCS 5/11-13-1.

(Ord. No. 739-02-2004, § 2, 2-16-04)

The purposes of this article are: (1) to encourage the effective use of signs as a means of communication in the city; (2) to maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; (3) to improve pedestrian and traffic safety; (4) to minimize the possible adverse effect of signs on nearby public and private property; (5) to establish uniform rules regulating the type, size, location and other matters regarding signs; and (6) to enhance the fair and consistent enforcement of these sign rules.

(Ord. No. 739-02-2004, § 3, 2-16-04)

A sign may be erected, placed, established, painted, created or maintained in the city only in conformance with the standards, procedures, exemptions, and other requirements of this ordinance.

(Ord. No. 739-02-2004, § 1, 2-16-04)

Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases not defined in this section, but defined in the zoning ordinance of the city shall be given the meanings set forth in such ordinance. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this article.

(1)

Animated sign. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

(2)

Banner. Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

(3)

Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone as the light source, including but not limited to, any light with one or more beams that rotate or move.

(4)

Building marker. Any sign indicating the name of a building and a date and incidental information about its construction, which sign is cut into masonry surface or made of bronze or other permanent material.

(5)

Building sign. Any sign attached to any part of a building, as contrasted to a freestanding sign.

(6)

Canopy sign. Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

(7)

Changeable copy sign. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this ordinance.

(8)

City. The City of Neoga.

(9)

Commercial message. Any sign wording, logo or other representation, that directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

(10)

Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of government, political subdivision, or other entity.

(11)

Freestanding sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

(12)

Incidental sign. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking", "entrance", "loading only", "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

(13)

Lot. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

(14)

Marquee. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

(15)

Marquee sign. Any sign attached to, in any manner, or made a part of a marquee.

(16)

Nonconforming sign. Any sign that does not conform to the requirements of this ordinance.

(17)

Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

(18)

Person. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.

(19)

Portable sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported.

(20)

Principal building. The primary building on a lot or a building that houses a principal use.

(21)

Projecting sign. Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

(22)

Residential sign. Any sign located in a district zoned for residential uses that contain no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all the requirements of the zoning ordinance of the city.

(23)

Roof sign. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

(24)

Setback. The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.

(25)

Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

(26)

Street. Any vehicular way that: (a) is an existing state, county, or municipal roadway; (b) is shown upon a plat approved pursuant to law; or (c) is approved by other official action.

(27)

Street frontage. The distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distance lot line intersecting the same street.

(28)

Suspended sign. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

(29)

Temporary sign. Any sign that is used only temporarily and is not permanently mounted.

(30)

Wall sign. Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

(31)

Window sign. Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

(32)

Zone lot. A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning regulations of the city.

(Ord. No. 739-02-2004, § 5, 2-16-04)

Sign area and sign height shall be computed as follows:

(1)

The computation of the area of individual signs shall be the total square feet surface area of the sign.

(2)

The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be constructed to be the lower of (a) existing grade prior to construction or (b) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure of the zone lot, whichever is lower.

(3)

The permitted sum of the area of all individual signs on a zone lot shall be computed by applying the formula contained in the Table B, Maximum Total Sign Area, to the lot frontage, building frontage, or wall area, as appropriate, for the zoning district in which the lot is located. Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area that is derived from the lot, building, or wall area frontage on that street.

(Ord. No. 739-02-2004, § 6, 2-16-04)

(a)

Signs shall be allowed on private property in the city's zoning jurisdiction in accordance with, and only in accordance with, Table A. If the letter "A" appears for a sign type in a column, such sign is allowed in the zoning district. If the letter "N" appears for a sign type in a column, such sign is not allowed in the zoning district.

(b)

Although permitted by subsection (a) above, a sign designated by an "A" in Table A shall be allowed only if:

(1)

The sum of the area of all building and freestanding signs on the zone lot conforms with the maximum permitted sign area as determined by a formula for the zoning district in which the lot is located as specified in Table B;

(2)

The size, location and number of signs on the lot conform with the requirements of Table C and D, which establish permitted sign dimensions by sign type, and with any additional limitations listed in Table A;

(3)

The characteristics of the sign conform with the limitations of Table E, Permitted Sign Characteristics, and any additional limitations on characteristics listed in Table A.

(Ord. No. 739-02-2004, § 7, 2-16-04)

On the following tables, which are organized by zoning district, the headings have the following meanings:

TABLE A

PERMITTED SIGNS BY TYPE AND ZONING DISTRICT

A = Allowed

N = Not Allowed

TABLE B

MAXIMUM TOTAL SIGN AREA PER ZONE LOT BY ZONING DISTRICT

The maximum total area of all signs on a zone lot except incidental, building marker, and identification signs, and flags shall not exceed the lesser of the following:

TABLE C

NUMBER, DIMENSIONS, AND LOCATION OF INDIVIDUAL SIGNS BY ZONING DISTRICT

TABLE D

NUMBER AND DIMENSIONS OF CERTAIN SIGNS BY SIGN TYPE VERTICAL CLEARANCE

No sign shall exceed any applicable maximum numbers, or dimensions, or encroach on any applicable minimum clearance shown on this table

TABLE E

PERMITTED SIGN CHARACTERISTICS BY ZONING DISTRICT

A = Allowed

N= Not allowed

(Ord. No. 739-02-2004, § 8, 2-16-04)

All signs shall be designed, constructed, and maintained in accordance with the following standards:

(1)

All signs shall at all times comply with the provisions of this article, and applicable provisions of the building code and the electrical code of the city.

(2)

Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of the ordinance, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure.

(3)

All signs shall at all times be maintained in good structural condition, in compliance with the provisions of this article, and building code and electrical code of the city.

(Ord. No. 739-02-2004, § 9, 2-16-04)

(a)

No signs shall be allowed in the public right-of-way, except for the following:

(1)

Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic;

(2)

Bus stop signs erected by a public transit company;

(3)

Informational signs of a public utility regarding its poles, lines, pipes, or facilities; and

(4)

Awning, projecting and suspended signs projecting over a public right-of-way in conformity with the conditions of Table A of the article.

(5)

Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.

(b)

Any sign installed or placed on public right-of-way which is prohibited by subsection (a) above, may be removed by the city and disposed of by the city in any manner it chooses. In addition to any other remedy in this article, the city shall have the right to recover all its costs of removal and disposal from the owner and/or person installing or placing such a sign.

(Ord. No. 739-02-2004, § 10, 2-16-04)

The following signs shall be exempt from regulation:

(1)

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation or ordinance;

(2)

Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line in the zone lot on which such sign is located;

(3)

Works of art that do not include a commercial message;

(4)

Holiday lights and decorations with no commercial message, but only between November 15 and January 15; and

(5)

Traffic control signs on private property, such as Stop, Yield, and similar signs, the face of which meet department of transportation standards and which contain no commercial message of any sort.

(Ord. No. 739-02-2004, § 11, 2-16-04)

All signs which are not expressly permitted, or which are exempt from regulation by this ordinance are prohibited in the city. Such signs include, but not limited to:

(1)

Beacons;

(2)

Pennants;

(3)

Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section; and

(4)

Inflatable signs and tethered balloons.

(Ord. No. 739-02-2004, § 12, 2-16-04)

(a)

Any person violating or aiding or abetting the violation of any of the provisions of this article shall be guilty of a petty offense and shall be fined not less than $100.00 nor more than $500.00.

(b)

Each day a person fails to comply with the provisions of this article shall constitute a separate offense.

(Ord. No. 739-02-2004, § 13, 2-16-04)

(a)

A violation of this article shall be considered a violation of the zoning ordinance of the city and the provisions of section 4.13 of this article shall apply to a violation thereof.

(b)

In addition to, or in conjunction with, any other remedy in this ordinance, the city may apply to the circuit court for an order to restrain or enjoin the violation of this article or the zoning ordinance.

(c)

In the event a sign is an immediate danger to the public health or safety, the city may take any action allowed by this article, the zoning ordinance, the city building code or state law to protect the public.

(Ord. No. 739-02-2004, § 14, 2-16-04)

All remedies provided in this article shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth in this article for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.

(Ord. No. 739-02-2004, § 15, 2-16-04)