Pinckneyville City Zoning Code

SIGNS

§ 154.390 SIGN DEFINITIONS.

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

ALTER. A physical change in a sign or sign supports or an addition to a sign or sign supports. The term ALTER includes renovation, modification, rehabilitation or restoration, but does not include changing the copy on a bulletin board sign, marquee sign or other legal changeable copy sign.

APPLICANT. A person submitting an application for a sign permit who is the owner of the property on which the signs(s) will be located or an agent for the owner who has the written permission of the owner to apply for the sign(s).

AWNING. A protective cover that is temporary in nature projecting from and supported by the exterior wall of a building constructed of non-rigid materials over a rigid framework which can be raised or retracted to a position against the building when not in use.

BANNER. Any sign of lightweight fabric or other nonrigid material that is mounted to a pole or a building by a 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.

BILLBOARD. A sign located within 660 feet of the nearest edge of right-of-way of an interstate or primary highway, which is permitted by the Illinois Department of Transportation as an outdoor advertising device, and which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

BULLETIN BOARD SIGN. A sign attached to a building or freestanding which identifies a place of worship or school and which contains the name of the institution and changeable copy information such as the names of individuals connected with the institution, general announcements of events or activities occurring at the institution, or similar messages.

CANOPY. A shelter or protective cover projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a ground supported, rigid framework but not including a marquee. (See also SERVICE STATION CANOPY)

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.

CHANGEABLE COPY SIGN. A sign on which message copy is changed manually or automatically, through the utilization of attachable or integrally automated letters, numbers, symbols, and other similar characters of changeable pictorial panels, but not including a bulletin board sign or marquee sign.

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, but not including a sign offering a residential dwelling for sale, lease or rent.

CONSTRUCTION SIGN. A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.

DIRECTIONAL SIGN. A sign which is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property to which or on which the public is directed including entrance and exit signs.

DIRECTORY SIGN. A sign listing the name and/or use, and/or location of the various businesses or activities conducted within a building or group of buildings.

ELECTION SIGN. A temporary sign supporting, announcing or declaring an issue and/or candidate seeking public office on the ballot in an impending election.

ELECTRONIC MESSAGE BOARD. An electronically or electrically controlled sign or portion of a larger sign whereon different messages are displayed including, but not necessarily limited to public service messages, advertising for the business or businesses on-site, projection of on-site activities in real-time, time and temperature and the like. The message boards shall include those devices that display information using panels of individual lamps, rotating panels, liquid crystal displays or similar technology or rear projection screens.

ERECT. To build, construct, install, attach, hang, place, inscribe, suspend or affix.

FLAG. Any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, institution or business.

FLASHING SIGN. A sign which contains an intermittent flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Also any sign in which any part of the light source varies in intensity and/or hue and flashes or appears to flash or turn on and off; or a sign in which a message constantly flashes or turns on and off, or alternates with other copy by means of rotating or otherwise moving portions of the sign.

FLUSH WALL. A sign, mounted, attached to or painted on the exterior or a structure other than a sign structure where the plane of the sign surface area is parallel to the plane of the structure to which it is attached. A flush mounted wall sign may be on-site or an off-site sign. A flush mounted wall sign may not project more than one foot from the plane of the structure to which it is attached.

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 including a low monument sign.

ILLUMINATED. A sign which has a light source as an integral part of the sign or sign surface area, or a sign which has a light source directed on the surface area from a remote position. The light from any illuminated sign or from any light source, including the interior of a building, shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect surrounding or facing premises nor adversely affect safe vision of operators of vehicles. Light shall not shine on or into residential structures. The light source shall not be flashing. A reflectorized sign shall not be construed to be an illuminated sign.

INCIDENTAL SIGN. A sign which is generally informational and has a purpose secondary to the use of the premises on which it is located, such as “credit cards accepted here,” “loading only,” “telephone,” or similar information. No sign with a commercial message legible from a position off the premises shall be considered incidental.

LIGHT POLE ARTWORK SIGN. A sign fabricated from a durable fabric, with a design applied through silkscreening or similar application method, the content of such signs shall be civic or seasonal in nature. Such signs shall not include commercial advertising, business slogans or logos, or the names of individual business, groups, organizations, shopping centers or office parks.

LOGO. An identifying symbol or registered trademark.

LOW MONUMENT SIGN. A freestanding sign not more than 12 feet in height, which is located adjacent to the right-of-way, with individual sign positions available for no more than six tenants, with individual signs not to exceed two feet by three feet per sign face. Use of a low monument sign by a single tenant shall not exceed eight feet in width by four feet in height and shall conform to all other sign regulations.

MAJOR REPAIR. Any repair or reconstruction of a sign or sign support necessitated by damage due

to normal deterioration or by acts of nature which involved the actual sign enclosure, its structural attachments or supports, or its electrical connections. MAJOR REPAIR does not include such items as painting, replacement of a cracked face by the sign’s current owner or authorized agent.

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.

NON-CONFORMING SIGN. Any sign that was lawfully erected but no longer conforms to the requirements of this subchapter.

OFF-PREMISE SIGN. Any sign, except a billboard as defined herein, which advertises or identifies a property, business, or address, other than the property, business, or address where the sign is displayed.

ON-PREMISE PERMANENT SIGN. A sign pertaining only to the use of the premises on which the sign is located and primarily containing any of the following information:

(1) The name of the owner, occupant, management, business or building;

(2) The address;

(3) The type of business, profession, service or activity;

(4) The type or types of products offered; and

(5) Other similar information.

PAPER SIGN. A sign normally for temporary use made of paper, cardboard or similar material.

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.

PERPENDICULAR WALL. A sign mounted or attached to the exterior of a structure where the plane(s) of the sign surface area(s) is/are not parallel to the plane of the structure to which it is attached. A perpendicular wall mounted sign is generally an on-site sign. Maximum distance between sign faces shall not exceed three. A perpendicular wall mounted sign shall not be construed to be a marquee sign.

PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure, which is designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A- or T-frames, menu and sandwich board signs and hot air balloons used as signs.

PROJECTING SIGN. Any sign affixed to a building or wall in such manner that its leading edge extends more than 14 inches beyond the surface of such building or wall but not including a sign suspended from a canopy and mounted perpendicular to a wall.

PUBLIC SERVICE MESSAGE SIGN. An electronically or electrically controlled sign which conveys only information such as time, date, temperature, atmospheric conditions, or general news information where different alternating copy changes are shown on the same lamp bank matrix without giving the appearance of directional movement.

REAL ESTATE SIGN. Any sign pertaining to the sale, lease or rental of real estate.

REFLECTORIZED. A non-illuminated sign wherein at least part of the surface area is composed of a reflectorized material which appears to be illuminated when a light cast upon the sign surface area.

RESIDENTIAL SIGN. A sign not exceeding six square feet per sign face and not having more than two sign faces which is located in a residential zoning district and that contains no commercial message other than advertising the premises for sale, lease or rent, or advertising a product or service available on the premises. Such sign may contain a political, religious or other noncommercial message.

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.

SERVICE STATION CANOPY. A freestanding structure located on the same premises as a service station affording protection from the elements to person or property thereunder. (See also CANOPY)

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 but not including a church steeple or other religious symbol.

SIGN FACE. The area or display surface used for the message.

SIGN FRONTAGE. The length along the front of the ground floor of a building occupied by a separate and distinct use and the length along the side of the ground floor of a building occupied by a separate and distinct use when the side of such building faces a street; or the width of a tenant space measured along the ground floor of a building occupied by a separate and distinct use which does not face a street but faces a parking lot.

SIGN, GROSS AREA OF. The area within a single rectangle or circle enclosing the extreme limits of the sign, but not including structural supports which are not an integral part of the sign; except that in the case of an individual letter sign only two-thirds of the area of the enclosing rectangle or circle shall be counted as the gross area of the sign. Where a sign has two or more faces which can be viewed from a single location, the gross area of all such faces shall be included in determining the total gross area of the sign.

SIGN HEIGHT. The vertical distance measured from the elevation of the center line of the adjacent right-of-way at the point closest to the sign to the highest point of the sign.

SIGN PERMIT. A document certifying that the plans for the proposed sign comply with all applicable city ordinances and requirements.

SNIPE SIGN. A temporary sign or poster affixed to a utility pole, tree, fence, etc.

TEMPORARY PROMOTIONAL DISPLAY. A temporary sign or signs displayed so as to attract attention to the sale of merchandise or services, or a change in policy or in the status of a business.

TEMPORARY SIGN. A sign which is not illuminated and is not permanently installed or affixed to any sign, structure or building.

TIME AND/OR TEMPERATURE.

(1) Temperature signs shall not change except when the temperature changes one degree.

(2) Time signs shall be permitted to change no more frequently than 60 second intervals.

(3) Time signs in combination. If separate space is provided on sign surface area for time and temperature, divisions (1) and (2) above shall apply. If same surface area is provided for both time and temperature, the frequency of change shall be no more than five second intervals.

UNSIGHTLY OR UNKEMPT SIGN. A sign that is clearly in disrepair, is missing part of its copy, has letters or other copy that are broken, missing or so faded that they are difficult to read from the street, is not securely affixed to either the ground or some other supporting structure, contains an eligible message, contains rust or peeling or flaking paint, or has damage to its face which is clearly visible from the street.

WALL SIGN. Any sign attached parallel to, but within 14 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 face.

WINDOW PROMOTIONAL. A sign viewable from the exterior of a structure which is: painted on a window; depicted upon a card, paper or other material; and placed on, taped on, or displayed from a window for the specific purpose of attracting attention of passersby to a sale, or to promotional items, etc. A promotional window sign is not permissible above the main floor (ten feet higher than grade) of any structure. A promotional window sign shall not be construed to be a window sign as defined elsewhere.

WINDOW SIGN. Any sign, pictures, 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.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.391 REGULATIONS OF STREET SIGNS AND GRAPHICS.

Any sign or other street graphic not expressly permitted by this section shall be prohibited within the corporate limits of the city.

(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 one imaginary square or rectangle which would completely enclose all the letters, parts or symbols shall be deemed the sign area.

(3) In calculating sign area, only one side of any double faced sign shall be included.

(4) The area of signs of unusual shapes, such as globes, cylinders, or pyramids, shall be computed as one-half of the total of the exposed surfaces.

(B) Sign area allowance.

(1) Within the limitations and restrictions as further provided in this section, the total of the areas of all signs which a particular establishment is permitted to display shall be computed in accordance with the following formula: one and one-half square feet of sign area per one foot of lineal street frontage for the first 100 feet of the frontage, plus one additional square foot of sign area per one foot frontage in excess of 100 feet. Except as otherwise provided herein, no establishment in any zoning district shall display more than 400 square feet of signs.

(2) Special situations.

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

(b) The side of an establishment adjacent to an off-street parking area shall not be deemed frontage unless the establishment has no other frontage.

(C) Movement permitted. Any sign or other street graphic that revolves, rotates or mechanically moves in any manner shall not obstruct pedestrian or vehicular traffic in any fashion and shall not be constructed so as to the following requirements.

(D) Electronic message board signs. Electronic message board signs shall only be allowed in C-l and C-2 Districts, with the exception of public and private schools in R1 Districts.

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

(1) Sign lighting is prohibited in residential districts except for public and private schools.

(2) No red, yellow, green or other color light shall be used at any location in such a manner as to confuse or interfere with vehicular traffic.

(3) 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 section shall not apply to any message on any electronic message board sign or electronically operated changeable copy sign. Beacon lights and illumination by flame are prohibited.

(4) 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.

(5) 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 such a manner as to expose the face of the bulb, light, or lamp to any public street or to adjacent property.

(6) In no event shall the illumination of any sign, resulting from any internal or external artificial light source, exceed 50 foot candles when measured with a standard light meter held perpendicular to the sign face at a distance equal to the narrowest dimension of such sign face.

(F) Street, signs and graphics not to be hazardous.

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

(2) No sign or other street graphic shall be erected or maintained in such a matter that it interferes with, obstructs the view of, or is likely to be confused with an authorized traffic sign, signal, or device. Accordingly, no street graphic shall contain the words “stop,” “go,” “caution,” “danger,” “warning,” or similar words.

(G) Structural and maintenance requirements.

(1) Every sign or other street graphic shall be designed and constructed in conformity with the applicable provisions of this chapter.

(2) The electrical component of any illuminated sign or other street graphic shall conform to the applicable requirements of this chapter and to all requirements of the National Electrical Code.

(3) Every sign or other street graphic shall be maintained in a neat and attractive condition by its owner. The street graphic supports shall be kept painted/treated in order to prevent rust or deterioration.

(4) Except as provided for portable signs, any freestanding sign shall be made permanent and anchored by screw-in bolts and/or by a concrete footing to a depth of not less than 30 inches below the soil surface.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.392 SIGNS IN CERTAIN DISTRICTS.

(A) Prohibited street graphics. The following street graphics are strictly prohibited within the corporate limits of the city:

(1) Signs attached to trees or public utility poles, other than warning signs issued by public utilities and sports signs from local schools located within city limits.

(2) Defunct signs, including the posts or other supports therefor, that advertise or identify an activity, business, product or service no longer conducted on the premises where the sign is located, or which describes another location. However, nothing in this section shall be construed to prohibit an extension of time as granted as requested by owners in consideration of location or establishment of new business.

(B) Permitted street graphics. Every sign or other street graphic enumerated in this division (B) 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.

(1) Construction signs identifying the architects, engineers, contractors and other individuals or firms involved with the construction, and/or announcing the character or purpose of the building, but not advertising any product. The signs shall not exceed 32 square feet in area, shall be confined to the site of the construction, and shall be removed after the construction has been completed.

(2) Directional and informational signs erected for the convenience of the public, such as sign identifying entrances, exits, parking areas, no-parking areas, restrooms, public telephones, walkways and similar features or facilities. The signs shall not exceed three square feet in area.

(3) Flags of any country, state or unit of local government.

(4) Garage sale/auction signs advertising a garage or yard sale or public auction. The signs shall not exceed four square feet in area and shall not be posted for longer than five days.

(5) Governmental or public signs such as traffic control signs, city welcome signs, civic organizational signs, railroad crossing signs, legal notices, signs indication the location of underground cables and the like.

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

(7) Home occupation signs identifying only the name and occupation of the resident. Home occupation signs shall be non-illuminated and shall not exceed four square feet in area.

(8) House numbers and/or name of occupant signs located on the lot to which the sign pertains. The signs shall not exceed three square feet in area for single-family dwellings nor six square feet for multiple-family dwellings.

(9) Institutional signs for a public, charitable or religious institution. The signs shall not obstruct the vision of motorists, and shall not exceed 60 square feet in sign area.

(10) Integral signs located in the interior of any building or within an enclosed lobby or court of any building or group of building, provided the signs are not visible from the exterior of the buildings.

(11) Interior signs located in the interior of any building or within and enclosed lobby or court of any building or group of buildings, provided the signs are not visible from the exterior of the buildings.

(12) Political campaign signs announcing candidates seeking public office and/or political issues and other pertinent information. The signs shall be confined to private property. In the agricultural district and in any residential district, political campaign signs shall not exceed 16 square feet in area; in other districts, the signs shall be removed within seven days after the election to which they pertain.

(13) Property regulation signs such as no trespassing, no hunting, no fishing, and the like. The signs shall not exceed three square feet in area.

(14) Public interest signs publicizing a charitable or nonprofit event of general public interest. The signs shall be erected only on private property. In the agricultural district and in any residential district, the signs shall not exceed 16 square feet in area: elsewhere, the signs shall not exceed 32 square feet. Public interest signs shall be permitted only for 14 days before and seven days after the event.

(15) Real estate signs indicating the sale, rental or lease of the premises on which they are located. The signs on residential property shall not exceed six square feet in area; on other property the signs shall not exceed 16 square feet. Not more than one real estate sign per street front shall be erected on any lot. The signs shall be removed within 30 days after the sale, rental or lease.

(16) 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 area.

(17) Mobile/portable signs utilized for any purpose or street banners advertising a public entertainment or event. Street graphics may be placed only in locations approved by the Zoning Administrator during the period 21 days before the seven days after the event. If a mobile/portable sign is utilized for any purpose for more than 60 continuous days, the owner shall be required to conform to freestanding sign provisions and make such permanent pursuant to division (F)(4) below or remove the same.

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

(19) Murals or other non-commercial artistic public graphics.

(20) Temporary signs no higher than four feet in height placed in front of an establishment located in a C-1 or C-2 District that shall not interrupt the free flow of pedestrian or vehicular traffic; provided, further, that such temporary sign shall be removed each day at the close of business of the establishment.

(21) All establishments located more than 250 feet from a designated Illinois state highway may, with the permission of the land owner, construct an off-premises sign directing the public to such establishment, Such off-premises signs placed in residential districts shall be limited to four square feet and such off-premises signs placed in all other districts shall not exceed 12 square feet in sign area. No business shall have more than two off-premises signs.

(C) Signs in agricultural district or residential district limited. No signs or other street graphics except those listed in division (B) of this section shall be erected in any agricultural district or in any residential district within the corporate limits of the city.

(D) Signs in business, industrial districts limited. No establishment located in any business district or industrial district shall display a total area of signs in excess of its sign area allowance. Further, all signs in any business district or industrial district shall conform to the requirements indicated below.

(1) Flush-mounted signs. For aesthetic and safety reasons, flush-mounted signs are the preferred type of sign in this city. No flush-mounted sign shall:

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

(b) Extend more than three feet above the roofline of the building to which it is attached.

(2) Projecting signs. No establishment in any zoning district shall display more than one projecting sign on any street front. No projecting sign shall:

(a) Project more than four feet from the building to which it is attached;

(b) Extend more than three feet above the roofline of the building to which it is attached;

(d) Extend below a point eight feet above the ground or pavement;

(e) Extend above a point 35 feet above the ground or pavement; or

(f) Exceed 32 square feet in area.

(3) Signs on awnings, canopies, or marquees. Signs mounted flush against and awning, canopy, or marquee shall be considered flush-mounted signs, and shall comply with the regulations of division (D)(1) above. Signs suspended beneath any awning, canopy, or marquee shall be considered projecting signs, and shall comply with the regulations of division (D)(2) above.

(4) Window signs. Any establishment may display window signs. Permanent window signs shall be debited against the displaying establishment’s sign area allowance, but temporary window signs shall not.

(5) Shopping center identification signs. 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.

(6) Freestanding signs. Not more than two freestanding signs shall be displayed on any street front of any lot. All freestanding signs shall comply with the following regulations:

(a) No part of any freestanding sign shall intrude into or project over any public right-of-way, or otherwise obstruct view of traffic by motorists.

(b) No freestanding sign (including shopping center identification signs) shall exceed 200 square feet in area or 20 feet in any dimension.

(c) When attached to a post or other supports, the top edge of a freestanding sign shall not extend more than 35 feet above the ground or pavement.

(7) Roof-mounted signs. Roof-mounted signs are strictly prohibited everywhere in the corporate limits of the city except in the industrial district. No roof-mounted sign shall extend more than 20 feet above the roofline of the building to which it is attached.

(8) Billboards are strictly prohibited everywhere in the corporate limits of the city except in the industrial district. No billboard erected in the industrial district shall:

(a) Be stacked on top of another billboard;

(b) Be located closer than 50 feet to any public right-of-way;

(d) Extend more than 20 feet above the ground or pavement; or

(e) Exceed 300 square feet in area.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.393 ADMINISTRATION AND ENFORCEMENT OF SIGNS AND GRAPHICS.

(A) Duties. The Zoning Administrator is hereby authorized and directed to administer and enforce the provisions of this subchapter. This broad responsibility encompasses, but is not limited to, the following specific duties:

(1) To supervise the registration of all existing street signs and graphics;

(2) To review and pass upon all applications for street sign and graphic permits;

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

(4) To review and forward to the Zoning Board of Appeals all applications for variances, for appeal and amendments;

(5) To maintain up-to-date records of the applications and of any official actions taken pursuant thereto;

(6) To periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations on these matter to the City Council at least once a year;

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

(8) To perform other duties as the Zoning Board of Appeals or City Council may from time to time prescribe.

(B) Street sign and graphic permits.

(1) No sign, billboard, or other street sign or graphic, (except those listed in § 154.392(B)) shall be erected, expanded, altered, relocated, or reconstructed without a street graphic permit issued by the Zoning Administrator.

(2) Every applicant for a street sign or graphic permit shall submit to the Zoning Administrator, in narrative and/or graphic form, all of the items of information listed below. Items of information shall be as follows:

(a) Name, address, and telephone number of applicant;

(b) Name and address of owner of the premises on which the street sign or graphic is to be erected, if different from division (B)(2)(a) above;

(c) Location of the building, structure or lot where the proposed street sign or graphic is to be erected, and the zoning district classification of the premises;

(d) Description of the proposed street sign or graphic indication proposed location, dimensions, area, overall height, illumination and method of support/attachment;

(e) Relationship of the proposed street sign or graphic to nearby traffic control devices;

(f) Amount of street frontage that the establishment which proposes to display the street sign or graphic has, and the total area of all existing signs on the premises; and

(g) Other information as the Zoning Administrator shall reasonably require to determine full compliance with this subchapter.

(1) A NONCONFORMING STREET SIGN OR GRAPHIC shall mean any lawfully erected sign, billboard, or other street graphic that does not conform to one or more provisions of this subchapter or any amendment thereof.

(2) A nonconforming street sign or graphic that does not pose an imminent peril to life or property may remain and be maintained by ordinary repairs, but shall not be:

(a) Altered or enlarged in such a way as to increase its non-conformity;

(b) Replaced by another non- conforming street sign or graphic (provided that changing to message on a changeable copy sign shall not be deemed a violation of this subchapter);

(d) Reconstructed after incurring damage in an amount exceeding 50% of its market value prior to the time of loss as determined by the Zoning Administrator.

(D) Corrective action orders. Whenever the Zoning Administrator finds, by inspection or otherwise, that any street sign or graphic is in violation of this subchapter, he/she shall so notify the responsible party and shall order appropriate corrective action. Provided that this notice requirement shall not apply whenever the Zoning Administrator determines that any street sign or graphic poses an imminent peril to life or property.

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

(a) A description of the premises sufficient for identification;

(b) A statement indicating the nature of the violation;

(d) The date by which the violation must be corrected (which may be the same as the date of the order);

(e) A statement that the alleged violator is entitled to conference with the Zoning Administrator if he/she so desires;

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

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

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

(a) Served upon him/her personally;

(b) Sent by certified mail with return receipts to his/her last known address; or

(E) Remedial action of city.

(1) Whenever the recipient of a corrective action order fails to obey the order within the time limit set forth therein, or in any emergency, the Zoning Administrator may alter/remove the offending street sign or graphic or take any other action necessary to effect compliance with this subchapter.

(2) Any expense incurred by the city pursuant to authorized street sign or graphic remedial action shall be billed by first class mail to the owner of the offending street sign or graphic. If said 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 Count Recorder of Deeds, to foreclose this lien, and to sue the owner of the real estate, or 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 litigation expenses, plus reasonable attorney’s fees to be fixed by the court.

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

(G) Fees. All permit fees, or fees for appeals or variance, shall be established by the City Council by resolution and shall be paid to the City Clerk. These fees are intended to defray the administrative costs connected with the processing/conducting of the listed permits/procedures; they do not constitute a tax or other revenue-raising device.

(H) Variance. A sign variance is a relaxation of the strict application of requirements of this chapter that are applicable to a particular lot, structure or sign. Every request for a variance shall be treated in accordance with Illinois law (see ILCS Ch. 65, Act 5, § 11-13-5, ILCS Ch. 65, Act 5, § 11-13-6, ILCS Ch. 65, Act 5, § 11-13-7, ILCS Ch. 65, Act 5, § 11-13-7a) as provided in § 154.051.

(1) Every applicant for a sign variance shall submit to the Zoning Administrator, on forms provided by the Zoning Administrator, the items of information listed below. The Zoning Administrator shall promptly transmit the completed application to the Zoning Board of Appeals together with any recommendations or comments the Zoning Board of Appeals may deem appropriate for their review and consideration.

(a) Name and address of the applicant;

(b) Location of the lot or structure for which the sign variance is sought;

(d) Specific section(s) of this chapter containing the regulations which, if strictly applied, would cause a serious problem; and

(e) Other pertinent information that the Zoning Administrator may deem appropriate.

(2) The Zoning Board of Appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted to them. At the hearing any interested party (including any school or other taxing district in which the property in question is located) may appear and testify, either in person or by duly authorized agent or attorney. Notice of the hearing shall be given not more than 30 nor less than 15 days before the hearing:

(a) By first class mail to the applicant and to all parties whose properties are within 100 feet the property for which the sign variance is sought; and

(b) By publication in a newspaper of general circulation within the city.

(3) Within a reasonable time after public hearing on the application for a variance, the Zoning Board of Appeals shall render its decision after considering the following factors. The proposed variance is consistent with the general purpose of this chapter:

(a) Strict application of the requirements would result in great practical difficulties or hardship to the applicant, and prevent a reasonable return on the property;

(b) The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;

(d) The circumstances engendering the variance request are peculiar and not applicable to other property within the district and, therefore, that a sign variance would be a more appropriate remedy than an amendment (re-zoning); and

(e) The variance, if granted, will not alter the essential character of the area where the premises in question are located nor materially frustrate implementation of the city’s Comprehensive Plan.

(I) Appeals. Any person aggrieved by any decision or order of the Zoning Administrator in any matter related to the interpretation or enforcement of any provisions of this subchapter may appeal to the Zoning Board of Appeals.

(1) Filing, stay of further proceedings.

(a) Every appeal shall be made within ten days of the matter complained of by filing with the Zoning Administrator a written notice specifying the grounds for appeal. Thereupon, the Zoning Administrator shall promptly transmit all pertinent records to the Zoning Board of Appeals.

(b) An appeal stays all further actions on the matter being appealed unless the Zoning Administrator certified to the Zoning Board of Appeals, after the notice of appeal has been filed with him/her, that for reason stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Zoning Board of Appeals or the circuit court grants a restraining order for due cause, and so notifies the Zoning Administrator.

(2) Public hearing, notice. The Zoning Board of Appeals shall consider every appeal within a reasonable time after the filing of the notice of appeal pursuant to division (H)(1) above and shall act upon such not later than 30 days after the filing of the appeal. The Zoning Administrator shall notify the appellant and all interested parties of the time and place at which the appeal shall be heard and post public notice of the proceeding at City Hall. The Zoning Board of Appeals shall render a decision on the appeal by a simple majority vote of all members then holding office or may modify or amend the order appealed to the extent and in a manner as is appropriate in its discretion. The Zoning Board of Appeals decision may be appealed to the City Council as provided in § 154.057.

(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)

§ 154.394 SIGNS NOT SUBJECT TO A PERMIT.

The following signs shall not be subject to a permit; however, no signs may be placed on city property, right-of-way or boulevard unless permission is given by the Zoning Commission:

(A) Temporary real estate signs;

(B) Window promotional signs;

(D) Banners advertising special events.

(Ord. O-2014-06, passed 8-11-14)

§ 154.395 SIGNS PROHIBITED.

The following signs are prohibited within the jurisdiction of this subchapter:

(A) Moving signs;

(B) Flashing signs;

(Ord. O-2014-06, passed 8-11-14)

§ 154.396 SIGN REGISTRATION.

Within one year after the effective date of this subchapter, all existing signs must be registered with the Zoning Administrator even though they are preexisting to zoning. This registration information and visual inspections shall be the basis of the determining whether or not existing signs conform to the provisions of this subchapter.

(Ord. O-2014-06, passed 8-11-14)

§ 154.397 SIGN REMOVAL.

(A) Any sign hereafter existing which advertises a business no longer being conducted or a product no longer being sold on the premises upon which the sign is located shall be taken down and removed by the owner, agent or person having the beneficial use of the building, structure or premises upon which it may be found within 60 days after written notification from the Zoning Administrator and, upon failure to comply with such notice within the time specified in such order, the Zoning Administrator is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner, agent or person having the beneficial use of the building, structure or premises to which the sign is attached.

(B) All temporary signs including banners shall be removed within one week of the event that is advertised.

(Ord. O-2014-06, passed 8-11-14)

§ 154.999 PENALTY.

(A) Any person who is convicted of a violation of this chapter shall be guilty of a Class B misdemeanor and shall be fined not less than $100 nor more than $500, plus costs. Each day that a violation continues shall be considered a separate offense.

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