The purpose of these regulations is to encourage the effective use of signs as a means of communication, to maintain and enhance the aesthetic appearance of the City, and to facilitate and improve pedestrian and vehicular traffic safety. These regulations are intended to promote the public health, safety and general welfare through a comprehensive set of reasonable standards and requirements. This chapter is further intended to allow for the identification of places of commerce, the communication of public and commercial information necessary for efficient and safe traffic movement; to allow for freedom of speech; to protect the public from the dangers of unsafe signs; to lessen hazardous situations, confusion and visual clutter caused by a proliferation of signs competing for the attention of pedestrian and vehicular traffic; and to enhance the attractiveness and economic well-being of the City of Vandalia. These regulating are not intended to prohibit the erection or display of a sign with a political or religious message or a sign advertising a premises for sale, lease or rent.

(Ord. No. 1997-6-16-D, Art. 9(9.1), 6-16-1997)

In addition to the terms defined Section 17.04.020, the following words and phrases shall have meanings given in the following clauses for the purposes of this title.

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 (1) 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 six hundred sixty (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 he 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.

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.

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.

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 free standing sign not more than twelve (12) feet in height, which is located adjacent to the right-of-way, with individual sign positions available for no more than six (6) tenants, with individual signs not to exceed two (2) feet by three (3) feet per sign face. Use of a low monument sign by a single tenant shall not exceed eight (8) feet in width by four (4) 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.

Nonconforming Sign. Any sign that was lawfully erected but no longer conforms to the requirements of this title.

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.

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 fourteen (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.

Residential Sign. A sign not exceeding six (6) square feet per sign face and not having more than two (2) 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 (⅔) of the area of the enclosing rectangle or circle shall be counted as the gross area of the sign. Where a sign has two (2) 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.

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 fourteen (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 (1) sign face.

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. No. 1997-6-16-D, Art. 9(9.2), 6-16-1997; Ord. No. 2000-2-22-E, § III, 2-22-2000)

It shall be unlawful for any person to erect, perform major repair, alter, move, replace or otherwise change a sign requiring a sign permit in the City of Vandalia without first obtaining a sign permit from the Building Official. An application for a sign permit shall be submitted to the Building Official and shall include and be accompanied by plans that show the size and shape of the sign, the location of the proposed sign, the setbacks from surrounding properties, the type of illumination and proposed lighting, the colors to be used in the sign, the materials used to construct and the method used to support the sign or attach it to a building.

Within twenty-one (21) days after the application for a sign permit has been received by the Building Official, he shall respond to the applicant advising said applicant whether the sign requested is or is not in conformance with this chapter. If no response is received within twenty-one (21) days, the application shall be deemed to have been approved. Upon denial, the applicant may appeal to the Board of Zoning Appeals. The Building Official shall maintain a record of all sign permits issued, which records shall show date of application and date of issuance of permits.

(Ord. No. 1997-6-16-D, Art. 9(9.3), 6-16-1997)

(a)

Scope. The provisions of this Section shall apply to all signs in the City, unless a sign is specifically exempted by Section 17.18.040(e) of this chapter. Every sign shall comply with all other applicable Ordinances of the City. In case of a conflict between the provisions of this Section and other applicable provisions, the more restrictive shall govern. Any sign not specifically provided for herein as a permitted sign or a prohibited sign shall be designated as a permitted sign or a prohibited sign by the Building Official in terms of Section 17.18.010, purpose and intent. If said sign is designated as a permitted sign, then said sign shall be subject to all limitations and provisions stated herein for a permitted sign which is most similar to said sign.

(b)

Maintenance and Safety.

A.

All signs and related structures shall be maintained in good repair, free of rust, peeling, flaking, fading, broken or cracked surfaces, and broken or missing letters.

B.

All signs and related structures shall be maintained in a safe, clean and attractive condition. Whenever the Building Official determines that a sign has become structurally unsafe or endangers life or property or is not being maintained in good repair, a notice shall be sent to the owner or person in charge of the sign that the sign be made safe, repaired or removed. The owner or person in charge of the sign shall have ten (10) days from the receipt of such notice in which to comply.

(c)

Nonconforming Signs.

A.

No new or existing sign may be constructed, altered in structure or copy, relocated, or replaced after the effective date of this chapter, unless the sign conforms to all the provisions of this chapter and a sign permit has been issued by the Building Official, unless the sign is specifically exempted form the provisions of this chapter. Nothing in this Section shall relieve the owner or user of a nonconforming sign from the provisions of this chapter regarding safety, maintenance, and repair of signs specified in Section 17.18.040(b) (maintenance and safety).

B.

Any existing sign that is destroyed, deteriorated or damaged to the extend of fifty (50) percent or more of its replacement cost, exclusive of the foundation, after the effective date of this chapter, shall not be rebuilt, repaired or replaced unless in conformity with the provisions of this title.

(d)

Prohibited Signs. The following types of signs are specifically prohibited in the City:

A.

Signs visible from a public right-of-way that imitate, blend or conflict with, or that may be confused with traffic signals and signs. Such signs shall include, but not be limited to, signs that are imitations of "stop," "caution," "danger," or "warning."

B.

Signs that are of a size, location, movement or illumination as may be confused with or construed as a traffic control device or which might obstruct from view any traffic or street sign or signal.

C.

Signs on public land, except those erected at the direction of or with the permission of an appropriate public authority.

D.

Strips or strings of lights used to call attention to a use or occupancy by outlining property lines, sales area, roof lines, doors, windows, wall edges, or other architectural features of a building site. Exempted from this provision are holiday lighting displayed from November 15 through January 15, and lights which are an integral architectural feature of the original design of a structure as approved by the Planning Commission.

E.

Moving signs, including those of which all or any part of the sign moves or appears to move. This prohibition against moving signs shall extend to devices including strings of light bulbs and rotating signs, whether part of any signs or maintained as an independent feature.

F.

Snipe signs.

G.

Unsightly or unkempt signs.

H.

Roof Signs, except in a free standing/single tenant commercial structure or a multi-use shopping and/or office center. A roof sign permitted by this exception may not exceed two (2) square feet for each linear foot of eave.

I.

Permanent or temporary window signs above the second floor including lettering painted or applied to glass, and temporary promotional displays as defined in Section 17.18.060(c)B. located above the ground floor.

J.

Portable Signs in residentially zoned districts.

K.

Off-premises signs, except for temporary open house signs.

(e)

Exempted Signs. With the exception of Section 17.18.020(b) (maintenance and safety), 17.18.040(d) (prohibited signs), and 17.18.040(g) (miscellaneous requirements), the provisions and regulations of this chapter shall not apply to the following signs:

A.

Governmental and official signs including, but not limited to, the following:

(1)

Public notices and official notices posted or authorized by government officials in the performance of their duties.

(2)

Signs for the control or direction of traffic and other appropriate public purposes.

B.

"No parking" and "no trespassing" signs that are no larger than one (1) square foot in gross sign area.

C.

On-premise permanent signs not exceeding two (2) square feet in sign area, including, but not limited to, the following:

(1)

Name plates, attached to a structure and not exceeding two (2) square feet in area, used to identify a professional service or home occupation permitted in the single-family residential zoning district in which the sign is located.

(2)

Residential address number located on a sign not larger than one (1) square foot in gross sign area.

(3)

Commercial address numerals, which are required to be prominently displayed on each building, not to exceed two (2) square feet in area. Larger address numerals may be permitted elsewhere in this chapter, and would be subject to the provisions and regulations of the particular Section.

(f)

Illuminated Signs. The following requirements shall apply to illuminated signs:

A.

The light from any illuminated sign shall be so shaded, shielded and/or directed in such a manner that the light intensity or brightness will not be a substantial nuisance to the residents or occupants of surrounding areas.

B.

No sign shall have blinking, flashing, or fluttering lights or other illuminating device of variable light intensity, brightness, or color. Illuminated signs which indicate the time, temperature, and weather shall not be considered flashing signs, provided that the gross sign area of such signs is not greater than sixteen (16) square feet per face (maximum of two (2) faces), the vertical dimension of any letter or number is not greater than twenty-four (24) inches, and the color or intensity of light is constant except for periodic changes in the information display, which occur not more frequently than once every fifteen (15) seconds. Beacon lights are not permitted, except by approval of a temporary permit, not to exceed five (5) days for a building opening or special event.

C.

No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.

D.

Neither district nor reflected light from primary light sources shall create a hazard to operators of motor vehicles on public thoroughfares.

E.

No exposed reflective-type bulb or incandescent lamp which exceeds forty (40) watts shall be used on the exterior of any sign in such manner as to expose the face of the bulb, light or lamp to any public street or adjacent property.

(g)

Miscellaneous Requirements. All signs shall comply with the following general requirements:

A.

Sign Faces. When a sign is allowed two (2) sign faces, the sign faces shall be parallel to one another and not more than fourteen (14) inches apart unless specifically authorized to deviate from this requirement by an applicable portion of this chapter.

B.

Projections. No sign shall project beyond a property line or into a public right-of-way, except traffic control signs or as permitted in the "CD" Downtown Commercial District (see subsection 17.18.060(g)).

C.

Life Safety Code Compliance. All signs shall comply with all applicable life safety codes including the structural and fire safety provisions of the building code and the electrical provisions of the electric code of the City of Vandalia.

D.

Obstruction to exit ways. No sign shall be erected, displayed, or maintained so as to obstruct any fire escape, any required exit way, window or door opening used as a means of egress, or to obstruct any other means of egress required by the building code of the City of Vandalia.

E.

Obstruction of ventilation. No sign shall be erected, displayed, or maintained in a manner that interferes with any opening required for ventilation under the building code of the City of Vandalia.

(h)

Flags. Flags shall be permitted in any zoning district without a permit. Each lot or parcel of land in the City shall be limited to the display of not more than four (4) flags. Parcels of land in excess of five (5) acres in size, however, may display additional flags provided that there are not more than four (4) flags displayed per five (5) acres of land area. Within five (5) days prior to and three (3) days following a national holiday such as Independence Day, Memorial Day or Veterans Day, there shall be no limitation on the number of U.S. flags displayed on any parcel of land within the City. Flag poles shall not exceed twenty-four (24) feet in height in residential districts and thirty-five (35) feet in height in nonresidential districts.

(i)

Sign Setbacks. All permanent signs shall be setback from property lines according to the regulations specified in this chapter or as otherwise required by any other applicable City Ordinance. Temporary signs shall be located at least ten (10) feet from any road pavement and shall be located outside of the right-of-way of any state, county or city road.

(Ord. No. 1997-6-16-D, Art. 9(9.4), 6-16-1997; Ord. No. 1999-11-15-B, § I, 11-15-1999; Ord. No. 2000-6-19-E, § I, 6-19-2000; Ord. No. 2004-6-7-C, § I, 6-7-2004; Ord. No. 2008-7-21-D, § I, 7-21-2008)

(a)

General Limitations. It shall be unlawful to erect, permit the erection of, display, or permit the display of, any sign in connection with a residential use or in a residential zoning district, unless such sign is expressly permitted by this Section, subject to all of the limitations and provisions stated herein.

(b)

Residential Development On-Premise Permanent Signs. Permanent signs designating a subdivision, neighborhood or multi-family development shall be approved by the Planning Commission through the site plan approval process as defined in Section 17.16.020. Such signs shall be limited to twelve (12) square feet per sign face with a maximum of two (2) sign faces.

(c)

Exempt Signs in All Residential Districts.

A.

Residential Signs. Any lot in a single-family residentially-zoned area shall be permitted on sign with a maximum sign area of six (6) square feet per sign face and a maximum of two (2) sign faces. Such sign may contain a political or religious message or other information provided it carries no commercial message other than information advertising the premises for sale, lease or rent, or advertising a product or service provided on the premises. No permit shall be required for such a sign provided that the sign is erected by the owner or with the owner's permission.

B.

Temporary Open House Signs. In addition to a residential sign containing information advertising a premises for sale, lease or rent, each such lot or parcel shall be allowed two (2) temporary open house signs with one such sign on site and the other allowed off-site. Open house signs shall be limited to a maximum sign area of six (6) square feet per sign face and a maximum of two (2) sign faces and shall be permitted for up to three (3) consecutive days. A minimum of four (4) days shall transpire prior to posting any open house sign on the same lot or parcel for a second or subsequent time. No permit shall be required for such a sign.

(d)

Multiple-Family Residential Uses and Mobile Home Parks. The following types of signs, subject to the limitations prescribed herein, shall be the only signs permitted in RM, Multiple-Family Residential District, and RMH, Mobile Home Residential District other than the signs allowed by Section 17.18.050(b) (residential development on-premise permanent signs):

A.

Signs exempted under the provisions of Section 17.18.040(e) (exempted signs).

B.

One (1) parking direction sign not exceeding three (3) square feet in gross sign area and not exceeding four (4) feet in height for each driveway serving twenty-five (25) or more dwelling units.

C.

One (1) parking regulation sign not exceeding three (3) square feet in gross sign area for each twenty-five (25) parking spaces or fraction thereof.

(e)

Institutional Uses in Residential Districts. Institutional uses in residential districts, such as schools and places of worship, shall be allowed two (2) permanent signs not exceeding sixteen (16) square feet in size per sign face. Except, however, that nay such use which has a minimum of two street frontages which each exceed three hundred (300) lineal feet, shall be permitted three (3) such signs. Permanent signs may be wall signs, low monument signs, or bulletin board signs with changeable copy. In addition, such uses shall be permitted one (1) temporary sign not exceeding twelve (12) square feet in size provided that the display of such sign shall be limited to a period of fifty-six (56) days and a minimum of thirty (30) days shall elapse prior to posting another temporary sign on the premises.

(f)

Temporary Election Signs in Residential Districts. Prior to and within ten (10) days after any election held within Fayette County, temporary election signs may be allowed with the owner's permission in addition to the permitted signage allowed on any residentially-zoned lot or parcel of land in the City. Each lot or parcel of land shall be permitted one (1) or more single or double-faced signs although no single sign face shall exceed twelve (12) square feet. Not more than one (1) election sign per individual candidate and/or proposition shall be permitted per lot or site area.

(g)

On-site Construction Signs. Only one (1) such sign per entire development denoting the owner, architect, engineer, consultant, developer, lender and/or contractor, not to exceed twelve (12) square feet in gross sign area, and not to exceed ten (10) feet in height from top of sign to top of grade or two (2) feet in height from bottom of sign on top of grade, shall be permitted. Such a sign shall not be erected in a public right-of-way and shall be removed ten (10) days after the receipt of an occupancy permit for a building or development.

(Ord. No. 1997-6-16-D, Art. 9(9.5), 6-16-1997)

It shall be unlawful to erect, permit the erection of, display, or permit the display of, any sign in connection with any nonresidential use or in a nonresidential zoning district unless such sign is expressly permitted by this Section, subject to all of the limitations and provisions stated herein.

(a)

Classification of Signs. Signs shall be classified as on-premise permanent signs, temporary or incidental signs, special purpose signs, or billboards.

A.

On-premise permanent signs as defined in Section 17.18.020.

B.

Temporary or incidental signs are limited to the following: paper signs, temporary promotional displays, window signs, temporary political signs and temporary real estate signs.

C.

Special purpose signs are limited to directory signs, parking direction signs, parking regulation signs, directional signs, shopping center on-premise permanent signs, marquee signs, on-site construction signs, public service message signs, and covered walkway signs.

D.

Billboards as defined in Section 17.18.020.

(b)

On-Premise Permanent Signs.

A.

Individual business or use within a shopping center. Each individual business or use within a shopping center and located at ground floor level with its own entrance at street level or a second story retail business, either of which has sign frontage, as defined in Section 17.18.020, may have one (1) or more wall signs, window signs, or signs affixed or painted on canopies or awnings with a total gross sign area per sign frontage not to exceed one (1) square foot per linear foot of sign frontage upon which the sign is to be located, up to a maximum of twenty-five (25) square feet in area; except that the total gross sign are per sign frontage may increase by twelve and one-half (12.5) square feet for each fifty (50) feet an individual business or use sets back from the edge of street pavement up to a maximum of one hundred twenty-five (125) square feet in area provided said individual business or use has the required sign frontage to accommodate such an increase. A rear entrance to an individual or freestanding business used for delivery purposes may be identified by a sign not to exceed two (2) square feet in gross sign area. Such a sign shall be affixed directly to the rear entrance door. In locations where individual business or uses are grouped together in a shopping center, the on-remise permanent signs shall maintain uniformity in location, height and general design, and shall be compatible in color. Cluster signs in this development shall be addressed in paragraph H herein.

B.

Freestanding business or use. Each freestanding business or use may have one (1) or more wall signs, window signs, or signs affixed or painted on canopies or awnings with a total gross sign area per sign frontage not to exceed two (2) square feet per linear foot of sign frontage upon which the sign is to be located, up to a maximum of one hundred square feet; except that the total gross sign area per sign frontage may increase by twelve and one-half (12.5) square feet for each fifty (50) feet a freestanding business or use sets back from the edge of street pavement up to a maximum of one hundred twenty-five (125) square feet in area provided said freestanding business or use has the required sign frontage to accommodate such an increase. For purposes of this paragraph B only, "frontage" shall include both the front and sides of buildings (not the rear of buildings) without regard to whether the front or sides are immediately adjacent to a public right-of-way. A rear entrance to an individual or freestanding business used for delivery purposes may be identified by a sign not to exceed two (2) square feet in gross sign area. Such a sign shall be affixed directly to the rear entrance door.

C.

Signs in the CD, Downtown Commercial District. Any building in the CD district may have a projecting sign in lieu of any one (1) of the signs allowed in paragraph B. of this subsection 17.18.060(b).

D.

Freestanding Signs. Any business or use occupying a site of at least fifteen thousand (15,000) square feet may also be permitted a single, low monument sign or a pole sign provided such sign contains not more than one hundred (100) square feet of sign area per face with not more than two (2) faces, is not more than thirty (30) feet in total height above the elevation of the center line of the adjacent right-of-way or the adjacent finish grade, is set back at least ten (10) feet from the right-of-way of said fronting street or highway, is not located within the site distance triangle described in Section 17.16.090 of this Ordinance, and the site has at least one hundred (100) feet of frontage on a street or highway.

E.

Shopping center or office park sign. A planned shopping center, office park, or institutional complex occupying a site in excess of five (5) acres in size may, by site plan approval in accordance with Section 17.16.020, have a single, freestanding, on-premise sign identifying the center, park or complex in accordance with the following standards:

Maximum sign area: One hundred (100) square feet.

Maximum are per sign face: Fifty (50) square feet.

Maximum height: Thirty-five (35) feet above prevailing base grade

Setback from right-of-way: Fifteen (15) feet.

F.

Office Building Signs. Each freestanding, single or multi-tenant office building may have one (1) wall sign per sign frontage or any side of building unless the building side is adjacent to a property residentially zoned or contains a residential use. This sign shall be affixed parallel to the facade of the building with no part of this sign projecting more than fourteen (14) inches from the surface it is attached to. No part of this sign shall extend above the roof line or parapet of a building. The gross sign area of said shall not exceed thirty-five (35) square feet per sign frontage; except that the total gross sign area per sign frontage may increase by twelve (12) square feet for every fifty (50) feet an office building sets back from the edge of street pavement, up to a maximum of one hundred twenty-five (125) square feet in area, provided said office building has the required sign frontage (one (1) square foot of gross sign area per lineal foot of sign frontage) to accommodate such an increase.

G.

Businesses within six hundred sixty (660) feet of an interstate highway. Any business located within six hundred sixty (660) feet of Interstate 70 may have a freestanding on-premises permanent sign not to exceed one hundred (100) feet in height and not to exceed a total size of one thousand (1,000) square feet. If more than one (1) business is located upon the same premises, each business may have a free-standing on-premises permanent sign not to exceed one hundred (100) feet in height and not to exceed a total size of one thousand (1,000) square feet.

H.

Cluster Signs. Any single or double poled multi-tenant sign assembly shall be engineered. No more than six (6) individual signs (sixteen (16) square feet shall be allowed per assembly). There shall be setbacks of fifteen (15) feet from the right-of-way or property line, whichever encroaches less on the street. No sign shall interfere with the required site triangle. Development signs shall be allowed on multi-tenant signs not to exceed twenty (20) square feet per sign face. The maximum total sign height shall not exceed thirty-four (34) feet from the finished grade. The minimum clearance shall be not less than ten (10) feet from the finished grade to the lowest tenant sign. All other sign regulations remain applicable.

(c)

Temporary or Incidental Signs. The following signs are permitted as temporary or incidental to a give ground floor business or use and are not to be included in calculating the allowable gross sign area for on-premise permanent signs:

A.

Window signs. The total gross sign area of all permanent window signage, striping, incidental signs and paper/temporary window signs shall not exceed fifty (50) percent of the total clear glass area along the portion of the storefront on which the signs are located. While this provision is designed to allow for incidental signs, nothing in this paragraph is intended to prohibit the display of a sign with a political message.

B.

Temporary promotional displays and signs. Temporary promotional displays such as banners, posters, pennants, ribbons, streamers and balloons shall be permitted for ground floor retail sales and service uses to announce grand openings, special sales or events. These special promotions shall be limited to two (2) times per year for up to forty (40) days each period. A separate sign permit shall be required for each event. These temporary promotional displays shall be constructed and lettered to a professional quality and the size of banners or posters shall not exceed the allowable square footage for permanent on-premise permanent signs. Permitted balloons shall not exceed two (2) feet in length or width. The items shall be secured in such a manner as to minimize movement and shall be attached to the main building or structure and not be erected as freestanding elements or attached to vehicles or low monument signs.

C.

Temporary Election Signs. Prior to and within ten (10) days after any election held within Fayette County, temporary election signs may be allowed with the owner's permission in addition to the permitted signage allowed on any nonresidentially-zoned lot or parcel of land in the City. Each lot or parcel of land shall be permitted one (1) or more single or double-faced sign although no single sign face shall exceed twenty-four (24) square feet. Not more than one (1) election sign per individual candidate and/or proposition shall be permitted per lot or site area.

D.

Temporary Real Estate Signs. In addition to the permitted signage on any nonresidential premises, temporary real estate signs may be allowed for a period not exceeding one hundred eighty (180) days offering the premises for sale, lease, or rent. Such signs shall be limited to advertising the premises on which they are located and shall be limited to twenty-four (24) square feet per sign face with a maximum of two (2) sign faces. At the end of the one hundred eighty-day period, real estate sign may be maintained provided that such signs continue to only advertise the premises on which they are located and provided that the aggregate area of all signs on the premises do not exceed the maximum allowed on the premises for all signs. In addition, there shall be a minimum ninety (90) days period between the periods allowing the temporary real estate signs in which the aggregate area of all signs on the premises do not exceed the maximum allowed on the premises for all signs. Temporary real estate signs shall be removed from the premises ten (10) days after the premises is sold, leased or rented.

(d)

Special Purpose Signs. Signs authorized in this subsection are not to be included in calculating the allowable sign area for on-premise permanent signs.

A.

Parking direction signs. One (1) freestanding parking direction sign per direction, which may be internally illuminated, shall be permitted for each driveway, provided the sign does not exceed three (3) square feet in gross sign area per face, the sign height does not exceed three (3) feet, and no portion of the sign shall extend into the public right-of-way. If the sign is located at a private driveway, the sign may contain the address of the business or institution on the premises.

B.

Parking regulation signs. One (1) non-illuminated parking regulation sign, not exceeding five (5) square feet in gross sign area and not exceeding ten (10) feet in sign height, shall be permitted for each commercial or public parking lot. Parking lots with more than twenty (20) parking spaces shall be permitted one (1) such sign for each twenty (20) parking spaces or fraction thereof.

C.

Marquee signs. Marquee signs for theaters, cinemas, exhibition centers and similar public assembly uses shall be permitted only upon the specific authorization of the Planning Commission, subject to such restrictions and conditions as the commission may deem necessary after a site plan is reviewed under the provisions of Section 17.16.020.

D.

On-site construction plans. Only one (1) such sign per entire development denoting the owner, architect, engineer, consultant, developer, lender and/or contractor, not to exceed thirty-two (32) square feet in gross sign area per face with a maximum of two (2) faces, and not to exceed ten (10) feet in height from top of sign to top of grade or two (2) feet in height from bottom of sign to top of grade, shall be permitted. Such a sign shall be erected out of the public right-of-way and shall be removed ten (10) days after the receipt of an occupancy permit for a building or development.

E.

Public Service Message Sign. A public service message sign may be permitted within six hundred sixty (660) feet of the right-of-way of I-70 provided that the sign shall not be greater than sixty (60) square feet in sign area per sign face with not more than two (2) sign faces and provided that the sign is not more than thirty-five (35) feet in height.

F.

Covered Walkway Signs. A sign not to exceed two (2) square feet in gross sign area, may be hung from the ceiling of a covered walkway that is attached to the front of a retail store. Such a sign shall not exceed eighteen (18) inches in drop from the bottom of the said sign to the ceiling surface of the covered walkway, nor shall the bottom of said sign be less than seven (7) feet above the sidewalk surface it is hanging over. The content of such a sign shall be limited to the identification of the business it is hung in front of and only one (1) covered walkway sign per business shall be allowed. Such a sign shall be hung perpendicular to the retail store front so as to be beneficial to pedestrian traffic.

(e)

Automobile Service Stations.

A.

Signs located on property used for automobile service stations shall be subject to the provisions and limitations set forth in this Section.

B.

No sign shall be attached to any light standard or gasoline tank vent pipe. No sign shall be attached to a gasoline pump excepting those provided for in Section 17.18.060(e)E.

C.

Wall Signs.

(1)

Not more than two (2) wall signs shall be permitted for each automobile service station. No wall sign shall exceed twenty-five (25) square feet in gross sign area.

(2)

In instances where the incidental washing of motor vehicles is an accessory service being offered on a property used for an automobile service station, one (1) additional wall sign shall be permitted. This wall sign shall not exceed ten (10) square feet in area. One (1) sign designating the entrance to and one (1) sign designating the exit from the washing area shall be affixed directly to the structure near such entrance or exit. The gross sign are of such signs shall not exceed twelve (12) square feet. Instances where a full service car wash is part of a property used for an automobile service station, a sign advertising the variety of car wash services being offered, along with their respective costs, may be displayed. Such a sign may be erected no closer than seventy-five (75) feet from any public right-of-way. Such a sign shall not exceed ten (10) square feet in gross sign area or eight (8) feet in height from top of sign to top of grade. Said sign shall be permanently anchored to a wall, canopy support, of a freestanding pole.

D.

Canopy Signs. An automobile service station with a canopy shall be permitted one (1) canopy sign, in addition to the permitted wall signs, per street frontage. This canopy sign shall not exceed thirty (30) square feet in gross sign area per street frontage. This sign shall be a flat sign permanently affixed to the vertical face of the canopy and shall not project above or below, or form any side of the vertical face of the canopy. This sign may be illuminated by internal and non-intermittent light sources. A business logo, inclusive of striping or other symbols, may appear on this canopy sign as part of the gross sign area allowable for said sign.

E.

Pump Signs. Signs shall be allowed on gasoline pumps so as to provide the required information to the public regarding "octane rating, " "price," and "type of fuel." As the tradename of the business is often incorporated into the difference types of fuels, said tradename and nay associated symbols shall be permitted on the sides of the pumps as flat signs located no more than three (3) feet above the ground and not to exceed two (2) square feet in area per sign face (four (4) square feet inaggregate) per pump. "Self-service" or "full-service" signs shall identify each pump island on the service station property. The location of such signs shall be limited to the gasoline pump or the canopy support, not more than eight (8) feet above the ground, located at each end of the pump island. A maximum of two (2) such signs shall be allowed per pump island and each sign shall not exceed two (2) square feet in area.

F.

Gasoline Price Signs. No more than one (1) gasoline sign shall be allowed per service station property street frontage. This sign must be freestanding and permanently anchored. Such a sign shall not exceed twenty-four (24) square feet in sign area per face. Illumination shall be by internal and non-intermittent light sources. This sign shall identify only the actual unit price being charged for gasoline being sold. The business's name and/or logo may be displayed on this sign, provided it does not occupy more than four (4) square feet of the total sign area per face.

G.

Freestanding sign. One (1) freestanding sign per sign frontage shall be allowed provided that the sign is limited to two (2) parallel sign faces and no sign face exceeds thirty (30) square feet in sign area.

(f)

Billboards.

A.

Where Permitted. Billboard may be permitted in the City provided that such signs are located within six hundred sixty (660) feet of the nearest edge of the right-of-way of an interstate or primary highway (as defined by the Illinois Department of Transportation), such locations are on lands zone CG, General Commercial District; IL, Light Industrial District; or IG, General Industrial District, and provided that such proposed sign complies with all provisions of this Section 17.18.060(f).

B.

Lighting of billboards. The lighting of billboards shall comply with the following:

(1)

No revolving or rotating beam or beacon of light that simulate any emergency light or device shall be permitted as part of any sign. No flashing, intermittent, or moving light or lights will be permitted except scoreboards and other illuminated signs designating public service information, such as time, date, or temperature, or similar information, will be allowed;

(2)

External lighting, such as floodlights, thin line and gooseneck reflectors are permitted, provided the light source is directed upon the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the main traveled way of the interstate or primary highway and the lights are not of such intensity so as to cause glare, impair the vision of the driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle, and such lights shall be effectively shielded so as to prevent beams or ray of light from being directed onto adjacent residential property.

(3)

No billboard shall be so illuminated that it interferes with the effectiveness of, or obscures, an official traffic sign, device, or signal.

C.

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

D.

Height of Billboards. No billboard shall exceed sixty (60) feet in height.

E.

Permits Required. No permit to allow a billboard to be newly erected shall be issued by the City without a permit issued by the Illinois Department of Transportation.

(g)

Certified Scale Signs. Premises designed for fueling and servicing of tractors and trailers and having on-site a certified scale may display, in addition to any other sign or signs authorized by this chapter, an illuminated sign not to exceed twenty-five (25) feet in height with a maximum surface area of one hundred twenty-five (125) square feet.

(h)

Area of Special Control - CD Downtown Commercial District.

A.

Projecting Signs. In the CD Downtown Commercial District, projecting signs are permitted, subject to the following provisions:

(1)

Projecting signs shall neither extend more than four (4) feet from the vertical plane of the building facade, or closer than two (2) feet to the back of the curb of the street on which said facade fronts;

(2)

Projecting signs shall not exceed twelve (12) square feet in area;

(3)

The lowest portion of a projecting sign shall not be closer than eight (8) feet to the sidewalk and the highest portion of the sign, including the supporting structure, shall not be taller than the building wall;

(4)

The sign shall advertise only the name and/or nature of the business and not any particular product sold;

(5)

Remote lighting by a neutral color is permitted. Such remote illumination must be placed so that it does not interfere with similar lighting of the next adjacent establishment or vehicular movement. Remote lighting shall not project from the facade of the building by more than eleven (11) inches. Interior illumination of the sign is prohibited;

(6)

The area of all projecting signs counts towards the total area of signage allowed per paragraph B. below.

B.

Size Limits. In the CD Downtown Commercial District, the size of all signs shall not exceed an area of two (2) square feet for every one (1) foot of building frontage. This includes all ground, projecting, canopy, awning, marquee and wall signs.

C.

Awnings, Canopies and Marquee Signs.

(1)

No awning, canopy or marquee shall be constructed so that the lowest portion thereof is less than eight (8) feet above the sidewalk.

(2)

No awning, canopy or marquee shall be constructed to extend neither greater than five (5) feet from the vertical plane of the building facade, nor closer than two (2) feet to the back of the curb of the street on which the building fronts.

(3)

All awnings, canopies and marquees shall be supported solely by the building to which they are attached and no columns or posts shall be permitted as supports.

(4)

No advertising shall be placed on any awning or canopy except for the name of the business or pursuit conducted within the premises, which may be painted on or otherwise permanently placed in letters not to exceed twenty (20) inches in height on the front and side portions thereof.

(5)

Any letters, numbers, characters or graphics painted or otherwise permanently placed on a canopy, awning or marquee shall count towards the maximum area of signage otherwise required in this Section 17.18.060.

D.

Special Event Signs. Special event signs may be placed on the sidewalk portion of the public right-of-way, if no practical alternative exists to place the sign on private property. Such signs may be approved by the City Council, after receiving a report and recommendation from the Building Official, or his/her designee, in accordance with subsection 17.18.060(c), paragraph B., except as follows:

(1)

Such signs shall neither exceed forty-eight (48) inches in height nor thirty (30) inches in width.

(2)

The placement of such signs shall be limited to a location deemed appropriate by the City Council as specified on the sign permit.

(Ord. No. 1997-6-16-D, Art. 9(9.6), 6-16-1997; Ord. No. 2000-2-22-D, §§ I, II, 2-22-2000; Ord. No. 2000-2-22-E, §§ I, II, IV, 2-22-2000; Ord. No. 2001-3-5-A, § I, 3-5-2001; Ord. No. 2001-3-5-B, § I, 3-5-2001; Ord. No. 2006-9-18-A, § I, 9-18-2006; Ord. No. 2007-2-20-B, § I, 2-20-2007; Ord. No. 2007-5-7-C, § I, 5-7-2007; Ord. No. 2007-5-7-D, § I, 5-7-2007; Ord. No. 2008-7-21-D, § II, 7-21-2008; Ord. No. 2009-2-2-A, § I, 2-2-2009)

(a)

Sign Code Violations and Enforcement. Any sign which is not in compliance with all the provisions of this chapter is declared to be unlawful. The City, through the Building Official, may initiate injunction or abatement proceedings or other appropriate action in the courts against any person who violates or fails to comply with any provisions of this chapter, or against the erector, owner, or user of an unlawful sign, or the owner of property on which an unlawful sign is located to prevent, enjoin, abate, or terminate the erection, use of display of an unlawful sign. Any person who violates or fails to comply with any of the provisions of this chapter, or the erector, owner, or user of an unlawful sign, or the owner of property on which an unlawful sign is located shall be subject to the penalties set forth in Section 17.22.060 of this Zoning Ordinance.

(b)

Removal of Unlawful Sign. Any unlawful sign which has not been removed within thirty (30) days after conviction of violation or imposition of civil penalty may be removed by the City and the costs charged to the violator. If removal costs have not been paid and the sign reclaimed within thirty (30) days of its removal by the City, the City may sell or otherwise dispose of the sign and apply the proceeds toward costs of removal. Any proceeds in excess of costs shall be paid to the owner of the sign.

(c)

Immediate Removal of Unlawful or Unsafe Signs. Signs which the Building Official finds upon public streets, sidewalks, rights-of-way or other public property, or which wheresoever located present an immediate and serious danger to the public because of their unsafe condition may be immediately removed by the Building Official without prior notice.

(Ord. No. 1997-6-16-D, Art. 9(9.7), 6-16-1997)

(a)

Practical Difficulties or Unnecessary Hardship.

A.

Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the provisions of this chapter, the Board of Zoning Appeals may vary of modify the application of specific regulations for any permitted form of signage so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

B.

A variance from this chapter may be granted for any permitted form of signage where it is found that because of the limitations on character, size, number, or dimensions of signs, or the regulations controlling the erection of installation of a sign, the applicant would be subject to practical difficulties or unnecessary hardship. Unnecessary hardship is not considered the loss of possible advantage, economic loss or gain, or mere inconvenience to the applicant.

(b)

Procedures and Criteria.

A.

The procedures and criteria for granting a variance from the regulations in this chapter shall be as set out in Section 17.24.020 of this title.

The Board of Zoning Appeals by special permit after public hearing, and subject to such protective restrictions as it deems necessary may authorize the location, extension, or structural alteration of any one (1) of the buildings or uses listed in each district as a special use. Special use permits shall be issued to tenants and operators.

(Ord. No. 1997-6-16-D, Art. 9(9.8), 6-16-1997)