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HomeMy WebLinkAboutORDINANCES-1987-010-O-87f' ( 2/23/87 3/9/87 i 10-0-87 AN ORDINANCE Amending Title 4, Chapter 12 of the Evanston City Code Pertaining to Sign, Scoreboard, Canopy and Awning Regulations NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF , EVANSTON, COOK COUNTY, ILLINOIS. � I i SECTION 1: That Title 4, Chapter of the City Code of the City of Evanston, 1979, as amended, be and hereby is further amended in its entirety to read as follows: CHAPTER 12 SIGN REGULATIONS SECTION: 4-12-1: Title 4-12-2: Purpose 4-12-3: Rules and Definitions 4-12-4: Permit Required 4-12-5: Exempt Signs 4-12-6: Prohibited Signs 4-12-7: General Standards 4-12-8 Area and Measurement Standards f 4-12-9: Permitted Sign Types 4-12-10: Administration 4-12-11: Maintenance and Operation 4-12-12: Non -conforming Signs } 4-12-13: Signs Review and Appeals Board 4-12-14: Appeals 4-12-15: Variations i 4-12-16: Unified Business Center t i 4-17-17: Special Sign Districts 4-12-18: Penalty ij 4-12-19: Separability 4-12-1: TITLE: This Chapter shall hereafter be known and cited as the "Sign. Regulations" of the City. 4-12-2 PURPOSE It is hereby determined that the primary purpose of signage is to help people find what they need without difficulty or C confusion, Thus, while not restricting the freedom of expression, regulations must be { established for preventing an overload of graphic messages in the environment. The purpose of signs is subordinate to the structures and land use functions they reference. Signs are to be considered accessory components of an overall composition of architectural elements, not as freestanding or dominant architectural elements by them- selves. i %- This Chapter establishes standards for the erection, display, safety and maintenance of signs which are intended to allow a person to observe or ignore graphic messages, according to that person's own purpose, as well as to encourage the general attractiveness of the community and to protect property values therein. These standards are intended to meet the following objectives: t 1 t -- 4-12'2 l 1• A. Healthv Economv. It is recognized that signs are an economical and effective means i of communicating information and are thus an important asset to most businesses. The continued health of business and economic activities shall be encouraged by the use of signs which: 1. Clearly and efficiently identify and classify the goods, services, facilities, and locations available to the community; and, 2. Express the identity of business activities or the proprietors associated with those activities. B. Effective Communication. A reasonable, orderly and effective display of signs is to be promoted by authorizing the use of signs which are: 1. Legible in the circumstances in which they are viewed; 2. Harmonious with their surroundings and consistent with the character of their community context; 3. Protective of the value of architectural resources, ensuring the integrity of the architectural elements and character of the buildings and sites to which signs principally relate; 4. Respectful of the rights of nearby property owners; and, 5. Appropriate to the function to which they pertain. C. Public Welfare. The public health, safety and welfare is to be preserved, protected and promoted through sign regulations which: 1. Recognize that signs are a necessary means of visual communication for the convenience of the general public taken as a whole, as opposed to the convenience of any individual person; 2. Minimize the blighting influences posed by visual clutter, decay, and neglect; 3. Eliminate confusion and distractions which jeopardize vehicular and pedestrian safety; 4. Prohibit the -placement of signs which obstruct vision or access in a manner which creates dangerous conditions; 5. Protect the physical and mental well being of the general public by encouraging a sense of aesthetic appreciation for the City's visual environment; and, 6. Preserve the value of private property by assuring the compatibility of signs with surrounding land uses. 4-12-3: RULES AND DEFINITIONS: The definitions noted below apply only to this Chapter and supersede any conflicting definitions found elsewhere in other Chapters of the City Code. A. Rules of Interoretation. The language set forth in the text of this Chapter shall be interpreted in accordance with the following rules of construction: 1. The singular number includes the plural and the plural the singular. 2. The present tense includes the past and future tenses, and the future the present. 3. The word "shall" is mandatory, while the word "may" is permissive. 4. The masculine gender includes the feminine and neuter. B. Reaulations. To the extent that any definition below includes regulatory standards, such as height or area limitations, for example, such regulations shall apply in addition to all others contained in this Chapter. 2 4 t , 4-12-3 • i • C. Definitions. The following words and terms, wherever they occur in this Chapter, shall be defined as below: Abandoned Sign Any sign advertising a business, commodity, service, entertainment or activity which has been discontinued. Advertising Structure A structure, as defined by the Building Code, erected { or used for the purpose of supporting or displaying a message or sign. Architectural integrity The composite or aggregate of the characteristics of structure, form, materials, and function of a building, group of buildings, or other architectural composition. 1 Architectural Element A prominent or significant part or feature of a building, structure, or site. Attention Gathering Device A display that utilizes motion or flashing lights to attract j the attention of passers-by. Examples include strings t of pennants, banners or streamers, advertising flags, clusters of flags, strings of twirlers or propellers, flares, balloons, strobe lights, and sequential flashing "runner" lights. Auxiliary Sign A sign which provides secondary information such as accepted charge cards, hours of operation, or warnings, and which is not intended to identify the basic nature of a use, specific product or service information, or the identity of the proprietor. Awning Any structure entirely supported by the wail to which it is attached, which may project over a public property, and which has a frame, being either retractable or in a fixed position, covered by non -rigid material (such as cloth or fabric). Awning Sign A sign that is mounted or painted on, or attached to an awning. Board The Sign Review and Appeals Board. Bulletin Board A sign that identifies an institution or organization on whose premises it is located and which contains the name of the institution or organization and/or a message in movable letters of two (2) inches or less in height. Y Canopy Any permanent exterior roof structure which extends over, or is suspended above, any public thoroughfare, and which is attached to a building at the inner end and supported on the outer end in conformance with the i Building Code of the City of Evanston. Canopy Sign A sign that is mounted or painted on, or attached to a canopy. +i i L City The City of Evanston, Illinois. i City Council The City Council of the City of Evanston, Illinois. r Commercial Message A message placed or caused to be placed before the public by a person directly involved in the manufacture or sale of the products, property, accommodations, services, attractions, or activities which are the subject of the i message that: 1. Refers to the offer for sale or existence for sale of products, property, accommodations, services, attractions, or activities; or j 3 ' I i ! 4-12-3 I (C)j • t 2. Attracts attention to a business or to products, • property, accommodations, services, attractions, or activities that are offered or exist for sale or for hire. j ' Commercial Variable Message A sign which may be manual, electronic or Sign I (CVMS) electrically controlled, capable of showing a series of ti different messages in a predetermined sequence. Compatible The characteristic of appearance of two or more buildings, structures, or architectural elements in the same vicinity which produces an aesthetically pleasing whole. j i Comprehensive Sign Plan A set of criteria and a format approved by the Sign j Review and Appeals Board for all signs to be located in a Special Sign District or on the premises of a Unified I ( Business Center. j Construction Sign A sign identifying persons involved in design, planning, } construction, wrecking, financing, or development taking place on the premises where the sign is posted. I Directory Sign A sign which indicates the name and/or address of the occupants of a premises accommodating multiple occupants. Eligible Facade Area That portion of a facade which is below the maximum sign height. I Erect To build, construct, attach, hang, re -hang, suspend, place, affix, enlarge, substantially alter, post, display, or relocate and includes the painting of lettering or graphics for signs. Normal maintenance is not included within this definition. Exterior The outer part or surface of a building, such as a wall j or window, which is exposed to outside environmental elements. External Illumination Illumination of a sign which is produced by an artificial I • source of light which is not contained within the sign i itself. I Facade Any side, surface or wall below the roof of a building I which is parallel or within forty-five (45) degrees of parallel with a parcel's frontage on a public thoroughfare, and which faces toward and relates to that public 1 thoroughfare. If a building has a complex shape, then ' all walls or surfaces facing in the same direction, or j j nearly the same direction, are part of a single facade. j � t Festoon Lighting A string of two (2) or more unshielded incandescent light I l bulbs suspended over a premises, (as opposed to being i located on a building or structure). Holiday and orna- mental lighting strung temporarily through frees shall ' not be construed to be festoon lighting. i Flashing Sign A directly or indirectly illuminated sign where the source of illumination is not maintained constant or stationary in intensity or color at all times when such sign is in use. I I Frontage A lot line which is coterminous with the right-of-way of a single public thoroughfare. { ' Freestanding Sign Any sign which is erected such that it is detached from a building or structure. 4 � r Identification Sign A sign which presents the name and/or address of a I building, business, development or establishment, and may incorporate a logo, graphic, or image. ! 4 Ll 4-12-3 (C) Information Cycle The length of time used to display one (1) continuous I message from start to finish on a commercial variable message sign. Institution An established organization or corporation of a public or eleemosynary character. Interchangeable Copy Board A sign whereon provision is made for letters or characters to be placed in or upon the surface area manually to provide a message or picture. Internal illumination Illumination of a sign which is produced by an artificial source of light concealed or contained within the sign itself, and which becomes visible in darkness through 1 the translucent portion of the sign face. item of Information Any of the following: a word, an abbreviation, a number, a symbol, or a geometric shape contained in a sign. In addition, a sign which combines several different geometric shapes, or shapes of unusual configuration are to be assessed one (1) additional item of information for each non -continuous plane or surface. Lot Area The gross surface area of land contained within or below a premises. It may be a single parcel or it may include parts of or a combination of such parcels when adjacent i to one another and used as one. Maintenance Provision of a safe, presentable, and good structural condition at all times, including replacement of defective parts, painting, cleaning and other acts required to preserve the sign, advertising structure, marquee, canopy or awning in its originally permitted and installed condition. Marquee Any hood or canopy of permanent construction supported entirely by the building, and projecting from the building's wall over a sidewalk or pedestrian thoroughfare, con- structed for the purpose of permanently supporting an interchangeable copy board. Marquee Sign A sign permanently attached to and supported by a marquee, having all or a portion of its sign surface area comprising an interchangeable copy board. Nameplate A plate or plaque bearing a name, applied directly to or incorporated into a facade. I Noncommercial Message Occupancy 'Occupant I 1 Any message that is not a commercial message. That portion of a building or premises of which is leased, owned, or otherwise controlled solely by an occupant, and of which that occupant has a tangible presence in the form of business, institution, residence or similar inhabitance. Any one of the following: 1. A household inhabiting a dwelling unit, or 2. An institutional, business, commercial or industrial endeavor that inhabits a distinguishable portion of a building or premises such that: a. The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and b. The activity has either a separate entrance from the exterior of the building, or a separate 5 9 I 4-12-3 (C) entrance from a common and clearly defined • entryway that has direct access from the exterior of the building. Officially Registered Name That name registered on legal papers of incorporation, partnership, or similar definition of proprietorship. Permanent Sign A sign that is solidly mounted or permanently affixed in accordance with the mounting requirements of this Chapter, Chapter 2, or other Chapters of the City Code. Peffnittee That person designated on the application for a sign permit as being responsible for assuring sign maintenance and operation in conformance with the ordinance and the permit. Person Any natural person, firm, partnership, association, corpora- tion, company, institution, or organization of any kind. Places of Entertainment A business establishment, club, or institution which maintains a regular schedule of performing arts events. Restaurants without such live entertainment schedules are not included within this definition. Portable Sign Any sign not permanently affixed to the ground, a building, or other structure, which may be moved, or is intended to be moved, from place to place. Premises A parcel, or contiguous parcels, of land including related building or buildings, distinguishable from surrounding parcels and buildings by use. A' building and grounds that contains many separate occupancies is still classified as a single premises. Several buildings and associated parcels of land may in fact be a single premises if their use is unified. Proprietary Interest Having partial or exclusive title to, control over, management authority over, present use, or legal right • to, something. Proprietor An individual who owns or operates a business which is wholly separate and distinguishable from other business entities on the premises, and not merely a part of a larger business entity. Read The capacity to perceive of the sign's message through visual observation by a normal -sighted person. Real Estate Sign A sign pertaining to the sale or lease of the premises or portion of the premises on which the sign is located, or to the sale or lease of one or more structures or a portion thereof located thereon. Sign A name, identification, description, display, message or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land so as to be principally seen from out-of-doors and which directs attention to an object, product, place, activity, concept, thought, person, institution, organization, or business. Sign Facie The exterior sign surface area of a single sign which may be read from any one (1) ground position. Sign Surface Area The total exposed surface within a continuous perimeter composed of a single rectangle enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures, together with any material, or color used as an integral part of the display or to differentiate the sign from the background on which it is placed. 6 F • 4-12-3(C) Temporary Sign Any sign intended for a limited or intermittent period of display. Time and Temperature Device Any mechanism that displays the time and/or temperature, but does not display any advertising or establishment identification. Unified Business Center A premises containing four (4) or more individual non- residential occupancies sharing a common building. Wall Sign Any sign erected upon or incorporated in the facade of any building with the plane of the sign face parallel to the plane of the facade. Window Area Any transparent area on a facade through which the interior of a premises may be viewed from outside. Window Sign Any sign, either permanent or temporary, which is affixed or placed so that its message or image is read as a part of the total composition of a window area. 4-12-4: PERMIT REQUIRED: No sign, as defined herein, shall be constructed, erected, originally painted, converted, altered, rebuilt, enlarged, remodeled, relocated or expanded until a permit for such sign has been obtained in accordance with the standards and procedures set out in this Chapter. A. No Permit for Maintenancq. No permit shall be required for maintenance of a sign as defined herein, nor for certain signs identified as exempt under Section 4-12-5 of this Chapter. S. No Assionment or Transfer. No permit issued hereunder may be assigned or transferred to any other person. C. Revocation for Cause. All rights and privileges acquired under the provisions of this Chapter, or any amendment thereto, are deemed mere licenses revocable at any time for cause by the Administrative Officer. The Administrative Officer is authorized and empowered to revoke any permit upon failure of the permittee to comply with any provision of this Chapter. 4-12-5: EXEMPT SIGNS: The following signs shall be exempt from the require- ment to obtain a permit and from the limitation on Items of Information, but shall be subject to the other provisions of this Chapter, and (with the exception of "addresses") shall be included for purposes of determining the allowable total number and size of signs on a premises: A. Addresses. Address numerals and other sign information required to identify a location by law or governmental order, rule, or regulation. Such address information cannot exceed two (2) square feet per officially assigned address, or the size required by the law, order, rule or regulation, whichever is greater. B. Auxiliary Signs. Auxiliary signs placed in store windows regarding hours of operation, accepted charge cards, warnings or similar information. C. Bulletin Boards. Bulletin boards, not exceeding twelve (12) square feet for public, eleemosynary or religious institutions where the bulletin board Is located on the premises of said institutions. D. Business Nameplates. Non -illuminated nameplates denoting the business name of an occupation legally conducted on the premises, provided that only one (1) nameplate per proprietor may be erected and that such nameplate not exceed one (1) square foot. E. institutional Identity Signs. For an institution such as a college or university campus, an identity sign designating only the name and address of the institution or campus, not exceeding thirty (30) square feet. Such signs shall be located not less than ten (10) feet from a street lot line. 7 L nM t 4-12-5 i ` F. Construction Sions. One (1) construction sign per frontage, identifying individuals i• i or companies involved in the design, construction, demolition, financing or project development when placed on the premises where work is under construction. Such signs shall not be erected prior to the beginning of work for which a valid building or demolition permit has been issued, and shall be removed within ten (10) days of completion of work or the expiration of the permit. Construction signs for single-family residences shall not exceed sixteen (16) square feet. Construction } signs for commercial, industrial, multi -family, or planned development uses on parcels of less than 100,000 square feet shall not exceed forty-eight (48) square feet; •.I construction signs shall not exceed ninety-six (96) square feet on parcels greater j than 100,000 square feet. j G. Flags and Standards. Flags, standards, emblems and insignia of governmental, political, civic, philanthropic, religious or educational organizations, having a size ' r less than fifty (50) square feet, and displayed for noncommercial purposes. I H. Garace Sale Sions. No more than two (2) temporary signs per sale which advertise garage sales, yard sales, or similar merchandise sales, provided that such signs do not exceed four (4) square feet, are located with no more than one (1) sign per street frontage either on the premises containing the sale or on other private property with permission of that property owner, and are only in place when the sale is actually taking place. I. Government Sians. Signs of a duly constituted governmental body, including traffic signs or other similar regulatory devices, directional signs, Evanston Historic District signs, legal notices, warnings at railroad crossings, and other instructional or regulatory signs pertaining to health, hazards, parking, swimming, dumping, and such emergency or non -advertising signs as may be approved by the Traffic Engineer for safety purposes or by the City Council. 1 J. Historical Markers. Commemorative plaques, memorial tablets, or emblems of official 1 historical bodies, provided that no such marker shall exceed four (4) square feet r ' I and provided further that all such markers shall be placed flat against a building, 7 monument stone, or other permanent surface. { I K Holidav Decorations. Temporary displays of a primarily decorative nature, clearly incidental and customary with traditionally accepted civic, patriotic or religious I( L holidays. Interior Sions. Signs which are located on the interior of a premises and which � are primarily oriented to persons within that premises. M. Manaaement Sionq. Signs not exceeding four (4) square feet which designate the i real estate management agent for a premises. i N. Menu Board Sions. One (1) menu board sign for a drive-in or drive -through i restaurant, provided that the sign does not exceed twenty-five (25) square feet l I or eight (8) feet in height. 0. Model Home Sions. Signs not exceeding four (4) square feet identifying a non -occupied dwelling unit used as a demonstrator for selling or renting other i dwelling units in the same complex. Such signs shall be permitted only when more than one (1) dwelling unit is available on the premises. P. Monument Sions. Plaques, tablets, cornerstones, or lettering inlaid into the archi- i tectural materials of a building or structure denoting the name of that structure 1 and its date of erection. ); 110. Non-commercial Sions. Noncommercial signs, not exceeding six (6) square feet per ! occupancy. R. "Coen" Sians. Signs, not exceeding four (4) square feet, which advertise a premises open for inspection, with no more than one (1) sign per street frontage on the 1 i { � J subject property, and an overall maximum of two (2) signs per property. Such i ' I signs may not be located in the public right-of-way, nor be directly illuminated. ' They may only be in place when the related premises is actually open for inspection. ,S. Political or Camoaian Sions. Signs promoting candidates for public office or issues i on election ballots, not exceeding six (6) square feet per occupancy, posted on private property not more than forty - five (45) days prior to, nor seven (7) days following, the election to which they pertain. 1 8 t • t s 1 4-12— 5 T. Real Estate Sions. One (1) real estate sign per street frontage of a premises, advertising the availability of a sale or lease of that premises. Such signs may not be located in the public right-of-way, nor be directly illuminated. They shall not exceed six (6) square feet for residential districts, twenty-four (24) square feet for commercial districts, or forty-eight (48) square feet for industrial districts. Display of real estate signs shall be limited to 180 days. U. Residential and Institutional Nameplates. One (1) non -illuminated nameplate, not exceeding twelve (12) square feet, for a multiple -family dwelling, college, university or theological school building, fraternity or sorority. Such signs shall include only the name and/or address of the building and be located not less than ten (10) feet from a street lot line. i V. Service Station Price Sians. Price signs not exceeding the minimum requirements i established by State Statute for service stations. W. Site Information Sians. Signs of no more than four (4) square feet which, without including an advertising reference of any kind, provide direction or instruction jto guide persons to facilities intended to serve the public, including but not specifically limited to those signs identifying rest rooms, public telephones, walkways, traffic flow, parking restrictions, and features of a similar nature. X. Special Disolays. Special displays used for public demonstrations, the promotion of civic welfare, or charitable purposes, provided they are approved by the City Council after submission of a written application, they contain no non -charitable advertising, and they are removed by the deadline established by the Council in its approval. Y. Temoorary Window Sians. Signs temporarily affixed to the inside of a window, advertising commercial situations relating to goods or services sold on premises, provided that the total of all signs in the window area, including temporary and permanently mounted signs does not exceed twenty-five (25) percent of the window 9 area; and, further provided that each temporary window sign has the initial date of display permanently and visibly affixed on its face, and that no temporary window !, sign is displayed for longer than thirty (30) days. For any occupancy using no other signs than a permanent window sign the amount of permanent and temporary i window sign area may be increased to thirty-five (35) percent of the window area. Z. Vendina Machine Sians. Permanent, non -Flashing signs on vending machines, gasoline pumps, ice or milk containers, or other similar machines, not exceeding four (4) square feet for each exposed face, nor exceeding an aggregate sign surface area i of eight (8) square feet. 4-12-6: PROHIBITED SIGNS: All signs not specifically permitted in this Chapter are prohibited in any location in the City. 4-12-7: GENERAL STANDARDS: A. Applicable Reaulations. In addition to the provisions of this Chapter, all signs must conform to the regulations and design standards of all other applicable Chapters of the City Code. B. Obscene Messaaes. No sign shall be permitted to contain statements, words or pictures of an obscene, pornographic, or immoral character. C. Wind Pressure and Dead Load Reauirements. Every sign or advertising structure shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of net surface area and shall be constructed to receive dead loads as required by Chapter 2 and other applicable Chapters of the City Code. D. Obstruction to Doors. Windows. or Fire Escaces. No sign or advertising structure shall be erected, relocated or maintained so as to prevent free ingress to, or egress from any door, window or fire escape. No sign or advertising structure shall be attached to a standpipe or fire escape. No sign shall interfere with any opening required for ventilation. 9 t II `T� 4-12.7 E. Sians Not to Constitute Traffic Hazards. In order to ensure reasonable traffic safety, it shall be unlawful to erect or maintain any fluttering, undulating, swinging, rotating, blinking, or flashing sign or attention gathering device. No sign or advertising structure nor its associated landscaping shall be erected, installed or maintained in such a manner as to obstruct free and clear vision, or as to distract the attention of the driver of any vehicle by reason of position, shape, color or lighting thereof. Pursuant to the foregoing, no sign or advertising structure shall be erected or maintained in .such a manner as to be likely to interfere with, obstruct the view of, or imitate, resemble, or be confused with any authorized traffic sign, signal or device. Accordingly, no sign or advertising structure shall make use of the words "stop", "go", "slow", 'look", "caution", "warning", "danger", or any similar word, phrase, symbol, or character, or employ any red, yellow, orange, green or other colored lamp or light, in such a manner as to interfere with, mislead or confuse traffic. F. Advertisina Vehicles. No person shall for the flagrant purpose of providing advertisement of products or directing people to a business or activity, park on the public right-of-way, public property, or private property so as to be prominently visible from a public right-of-way any vehicle or trailer which has attached thereto or located thereon any sign or advertising device. G. Electrical Clearance. Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the Evanston Electrical Code, depending on the voltages concemed. However, in no case shall a sign be installed closer than twenty-four (24) inches horizontally or vertically from any conductor or public utility guy wire. H. Face of Sian To Be Smooth. No signs or advertising structures which are constructed on public thoroughfares, or within five (5) feet thereof, shall have nails, tacks or wires or other hazardous projections protruding therefrom, except electrical reflectors and devices which may extend over the top and in front of such advertising structures. Glass: Limitation. Any glass forming a part of any sign shall be safety glass. In case any single piece or pane of glass has an area exceeding three (3) square feet, it shall be wired glass. J. Reflectors. Sootliahts and Floodliahts: Limitations and Prohibition. Gooseneck and similar reflectors and lights shall be permitted on free-standing and wall signs; provided, however, the reflectors and lights shall concentrate the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. It shall be unlawful to maintain any sign which extends over public property, and which is wholly or partially illuminated by floodlights or spotlights, unless such lights are completely concealed from view from the public thoroughfare. K. No Tree Mountina. No signs shall be nailed, tacked or otherwise affixed to trees or other vegetation in such a way as to puncture bark. L. No Handbills. No handbills, posters, notices, or similar attention gathering devices shall be posted or affixed on traffic control boxes, signs, lamp poles, utility poles, traffic • control supports, viaducts, or other locations as further regulated under Title 3 of this Municipal code. M. Illuminated Sians. All illuminated signs shall be subject to the following 1 requirements: ` 1. Electrical Permit — In addition to complying with the provisions of this i Chapter, all signs in which electrical wiring and connections are to be used , shall be subject to the applicable provisions of the City Electrical Code, Chapter 7 of the City Code. No permit for the erection of a sign shall be l granted prior to approval and issuance of a valid electrical permit for that sign. i 1 2. Voltage Displayed — The voltage of any electrical apparatus used in connection i with a sign shall be conspicuously noted on that apparatus. 10 0 W 4-12-7 (M; l 3. External Illumination — A building or structure, along with signs, awnings, and canopies attached to the building or structure, may be illuminated externally, but all lighting used for this purpose must be designed, located, shielded, and maintained in such a manner that the light source is fixed and not directly visible from any adjacent public rights -of -way or surrounding premises. 4. Internal Illumination — Internal illuminated signs shall permit light to shine } fully through only the lettering and graphic elements of the sign. The back- ground for such lettering and graphics shall be opaque or translucent and shall transmit light at a level substantially less than that transmitted through the lettering and graphics. If the contrast between the lettering or graphic elements and background does not permit adequate legibility (according to the judgement of the sign owner) a translucent white border of up to one j (1) inch in width may be placed around said lettering or graphic elements. 5. Brightness Limitation — In no instance shall the lighting intensity of any '. sign, whether resulting from internal illumination or external illumination, exceed: a. Seventy-five (75) foot candles measured perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign, or b. When the sign is located in a residential zoning district, fifty (50) foot candles measured perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign, or C. One (1) foot candle on adjoining residential property, measured three (3) feet above the surface of the ground. 6. Glare — All artificial illumination shall be so designed, located, shielded, and I directed so as to prevent the casting of glare or direct light upon adjacent public rights -of -way or surrounding property. 7. Flashing Signs — Except for Commercial Variable Message Signs (CVMS), illuminated signs shall not have any Flashing, scintillating, traveling, or blinking lights or rotating beacons, nor shall any beam of light be projected through a mechanism which periodically changes the color of the light reaching the sign. N. Movable Sion Parts. No sign or its parts shall be permitted to be movable or rotating, nor shall any sign have illuminated effects which convey the illusion of 1 movement. 1. No Changeable Copy — With the exception of marquee signs, gasoline price j signs, CVMS signs, and exempt signs, no sign may contain movable letters • or other changeable copy. j2. Items Secured — All manually movable items on a sign, such as covers to i service openings, shall be secured by chains or hinges. s 3 4-12-8: AREA AND MEASUREMENT STANDARDS: A. Signs in Residential Districts. Except in conjunction with legal non -conforming commercial and industrial uses, no signs other than those exempted under Section j 4-12-5 of this Chapter shall be permitted on property in a residential zoning district. r B. Commercial Messaae Location. A sign which displays a commercial message is permitted only on the premises where the business, profession, accommodation, j commodity, service, entertainment, or other commercial activity represented on ( the sign is located. ;. Any sign that may display a commercial message may also display any non-commercial ' message, either in place of or in addition to the commercial message, so long as ithe sign complies with the other requirements of this Chapter. 1 11 4-12-8 C. Interchanaeable Noncommercial Messaaes. Any sign that may display one type of noncommercial message may also display any other type of noncommercial message, so long as the sign complies with the other requirements of this Chapter. D. Sion Area Limitation. The combined total sign surface area of signs on a premises shall not exceed the greater of: 1. Area of Facade — An area equivalent to fifteen percent (15°!O) of the total eligible facade area of buildings which constitute the premises; or, 2. Area of Premises — An area equivalent to one half of one percent (0.5%) of the lot area of the premises. At no time shall the combined total sign surface area of all signs pertaining to any occupant, other than exempt signs or temporary window signs, exceed five 4 ; j hundred (500) square feet. ' The maximum aggregate sign surface area may be divided between as many sign i types as desired by an occupant, subject to number, location and area restrictions for each sign type delineated herein. {' 1 On a premises with multiple occupants, the maximum permitted sign surface area for each occupant shall be a proportional share of the total permitted 'sign surface area for the premises. Each occupant's total permitted sign area shall be calculated as the ratio of floor area (or lot area where no principal buildings are present) occupied by that occupant to the total floor area (or lot area where no principal building is present) of the premises. E. Sian Face Calculation. The sign surface area of a sign shall be calculated only on the basis of the sign face(s) that can be seen at one time. On a multiple -sided sign with opposite faces that cannot be read simultaneously, only one (1) of the faces shall be calculated for purposes of determining sign surface area. x F. Structure and Base Excluded. Structural supports and bases, bearing no message, copy or graphics, and of a neutral or subdued color(s), shall not be included in calculating the sign surface area. G. Items of Information. Subject to the requirements of all other provisions of this Chapter, each sign face shall contain no more than seven (7) items of information. However, if the officially registered name of the occupant of the premises to which the sign refers contains more than seven (7) items of information, the name may be displayed on each sign face, provided no other information is displayed on such i sign. i In calculating items of information, characters two (2) inches or less in height shall be excluded. They are considered to be principally directed toward pedestrian j observation. }} t' H. Maximum Sian Heiaht. With the exception of tall -building identification signs and iwindow signs, all signs shall be subject to the maximum height limitation of fifteen 1 and one-half (15.5) feet. The height of a sign shall be measured from the adjoining ground level or the elevation of the street upon which the sign faces, whichever is lower, to the tallest portion of the sign. I 4-12-9: 1 PERMITTED SIGN TYPES: A. Wall Sians. e1. Number — If an occupant displays more than one (1) wall sign on a facade, that occupant's total permitted sign surface area for wall signs on that facade 1 is reduced by an increment of twenty percent (20%) for each additional wall sign. 2. Area — The total permitted sign surface area of all wall signs on a facade shall not exceed fifteen (15) percent of the eligible facade area. No individual wall sign shall exceed two hundred (200) square feet in area. 3. Area Bonus — An occupant's permitted sign surface area for wall signs on a facade may be increased by twenty (20) percent, though not exceeding the 12 • • 4-12-9(A)3 two hundred (200) square foot individual sign area maximum, when the follow- ing standards are met: a. The occupant is displaying no more than one (1) wall sign on the facade; and, b. The sign consists only of individual alphabetic, numeric, and/or symbolic characters without background except that provided by the building surface to which the signs are to be affixed; and, C. If illuminated, such illumination is achieved through internal illumination, shielded silhouette lighting, or shielded spot lighting. This does not include any lighting where the light source is visible or exposed. 4. Location — Wall signs may only be located on a portion of an exterior wall that is coterminous with the occupancy to which the signs refer. No wall sign shall extend above or beyond the wall to which it is attached. Except as permitted below, no wail sign shall extend above the maximum sign height of fifteen and one-half (15.5) feet. 5. Projection from Wall — No wall sign, including any illuminating device or other structural part, shall project more than twelve (12) inches beyond the plane of the wall to which it is attached. 6. Tall -Building Identification Sign — On buildings of six (6) stories or greater, where the occupant between the second story and the top story is the same, one (1) tall -building identification sign per facade may be placed between the floor of the top story and the top of the wall of the building. This identification wall sign shall not exceed one hundred (100) square feet in sign r surface area. 7. Installation Considerations — To preserve the architectural integrity of any building, no wall sign shall cover or interrupt significant architectural elements such as columns, column caps, friezes, door or window heads, embellishments, adornments, fenestrations, or ornamental detailing. All mounting brackets and other hardware used to affix a sign to a wall, and all electrical service hardware ' and equipment shall be concealed by architectural elements of the building or the sign itself. B. Free-Standina Sians. 1. Number — There shall be no more than one (1) free-standing sign for each frontage of a premises. On premises having a principal building, no free-standing sign shall be permitted on a frontage unless every facade related to the frontage is set back at least thirty (30) feet from the street right-of-way. On premises having no principal building, there shall be no more than one (1) free-standing sign for each frontage of the premises. 2. Area — Except as conditioned below, the total sign surface area of a free- standing sign shall not exceed one quarter percent (0.25%) of the lot area of the premises, nor a maximum of one hundred and twenty (120) square feet of sign surface area. a. The maximum sign surface area of a free-standing sign on a frontage may not exceed twelve (12) square feet unless that frontage is one hundred (100) or more feet in length. b. A fifteen percent (15%) bonus in sign surface area shall be permitted for any free-standing sign which is the only free-standing sign on a premises on which more than one (1) such sign would otherwise be permitted. 3. Location — No free-standing sign shall extend beyond the perimeter lot line of a premises or within twenty (20) feet of any circulation lane which provides access to a public right-of-way. 13 4-12-9'(B) 4. Height Afree-standing sign within three (3) feet of any perimeter lot tine of a premises may not exceed three (3) feet in height. The height of any I free-standing sign three (3) or more feet from any lot line may not exceed the distance between the sign and any lot line, nor shall the top of the free- standing sign exceed the maximum elevation of a principal building on the premises to which it pertains. No free-standing sign shall exceed the maximum sign height of fifteen and one half (15.5) feet. S. Permanent Mounting — All free-standing signs shall be permanently mounted in the ground. No portable signs are permitted. j C. Permanent Window Sians. 1. Area — The sign surface area of permanent window signs in any window shall not exceed twenty percent (20%) of that window area. 1 2. Location — Permanent window signs must be confined within the transparent glazed area of the window and shall not encroach upon the frame, mullions or other supporting features of the glass. j 3. Installation Considerations — All permanent window signs which have their lettering or graphic elements directly on the glazing shall be painted, metal leafed, vinyl transferred, or in some other manner permanently applied to either side of the glass of an exterior building window or door. No application 4 using a temporary adhesive shall be permitted unless the Administrative Officer determines the application to be safe and will be permanent. D. Commercial Variable Messaae (CVMS) Sians. 1. Time and Temperature Only — CVMS displaying messages other than time and temperature information shall be prohibited. 2. Length of Cycle — The total length of the information cycle of a CVMS shall not be shorter than the three (3) seconds nor longer than seven (7) seconds. Items of information may not be repeated at intervals that are short enough to cause the CVMS to have the effect of a flashing sign. 3. Brightness Adjustment — CVMS shall be equipped with photosensitive equipment which automatically adjusts the brightness and contrast of the sign in direct relation to the ambient outdoor illumination. 4. Included Area — The illuminated or message displaying areas of the CVMS shall be included within the maximum aggregate sign surface area for the premises. 5. Maintenance — CVMS must be maintained so as to be able to display messages in a complete and legible manner. E. Marquee Sians. 1, Number — There shall not be more than one (1) marquee sign on any facade. Advertising and identification messages on any of the vertical or nearly vertical faces of a marquee are calculated as a single marquee sign. 2. Area — The total sign surface area of a marquee sign shall not exceed five hundred (500) square feet. 3. Location A sign may be affixed to or located upon any vertical or nearly vertical face of a marquee, so that no portion of the sign falls above or below the face of the marquee. In no instance shall a marquee sign be lower than ten (10) feet above the sidewalk or public thoroughfare. In no instance shall a marquee sign be located so that it extends beyond the curb line of the street. 14 • • t i )' 4-12-9 (E)` i 4. Use of Marquee — Marquee signs are only permitted for use on theaters, places of entertainment, and hotels. i F. Canoov and Awning Signs. 1. Commercial Message — Use of canopy or awning area for display of commercial messages shall be limited to the name, logo and address of the business or f } businesses within the building upon which the awning is attached. i r 2. Area — The sign surface area of a canopy or awning sign shall not exceed fifteen (15) percent of the area of the vertical section of the canopies and awnings. The vertical section of the canopies and awnings is calculated as the height of the canopy or awning (difference between the highest and lowest point on the canopy or awning) multiplied by the length of the canopy or awning measured parallel to the facade upon which it is attached. Signs on any surface of a canopy or awning other than the surface running parallel with the building face shall be limited to letters or graphics not exceeding four (4) inches in height. •i 3. Location — Canopies and awnings shall be constructed and erected so that the lowest portion of the projecting frame thereof shall be not less than seven feet six inches (7'-6"), and the lowest portion of the descending skirt shall I be not less than six feet eight inches (6-8") above the level of the sidewalk or public thoroughfare. No portion of the canopy or awning sign shall be extend above or beyond I the canopy or awning upon which it is attached, however, signs may be hung beneath canopies parallel to the building frontage so long as they do not descend below the minimum six foot eight inch (6'-8") minimum clearance. Fixed awnings shall not project more than twenty-four (24) inches out from I the building upon which they are attached. 4. Installation Considerations — To preserve the architectural integrity of a building, no canopy or awning, and no canopy or awning sign shall cover or interrupt significant architectural elements such as columns, column caps, friezes, door or window heads, embellishments, adornments, fenestrations, or i ornamental detailing. 5. Illumination of Awnings and Canopies — Awnings and Canopies may be illuminated where the following conditions are maintained: a. Both interior type strip lighting and exterior type goose neck lighting is permitted, not exceeding a maximum light level of 18 foot candles j � r measured three (3) feet from and perpendicular to the light source. b. Awnings shall be allowed to be lighted whether or not signs are to be displayed on the awning. C. The bottom of any illuminated awning or canopy shall be enclosed. d. Illumination of Canopies, awnings, canopy signs and awning signs is further regulated in Section 4-12-7 of this Chapter. yy 6. Materials — Canopy and awning signs must be made of either the material J with which the canopy or awning is covered, other water proof materials ( affixed flush to the face of the canopy or awning, or be painted directly on " the awning or canopy material with weather -resistant paint. r G. Scoreboards. 1. Location — No scoreboard shall be erected or maintained such that it is visible from a public thoroughfare. 2. Internal Scoreboard — The number, area, height, and location of scoreboards visible only from within the stadium area are regulated as part of Section i 6-6 := , of the City Code. a 1 15 f r i 9 4-12-9 H. Temoorary Sion-_ 1. Number — There shall not be more than two (2) permits for temporary signs issued for :he same occupant of a premises within one (1) calendar year. i 4 2. Area — Temporary signs shall not exceed thirty-two (32) square feet in sign surface a,,, -ea for each exposed face, nor sixty-four (64) square feet total sign surface area. i 3. Location — Temporary signs shall be located only upon the premises to which the special, unique, or limited activity, service product, or sale is to occur. ; Temporary signs shall take the form of wall signs or free-standing signs and shall conform to the location requirements of the respective sign type described elsewhere in this Chapter. No temporary signs shall be permitted on vehicles. i 4. Time Urntations — Temporary signs shall be erected and maintained for a i period no: to exceed thirty (30) days, and shall be removed within three (3) days of termination of the activity, service, project, or sale. I 5. Materials aid Mounting Limitations — a. All temporary signs shall be anchored and supported in a manner which f reasonably prevents the possibility of the signs becoming hazards to the public health and safety as determined by the Administrative Officer. b. Any temporary sign weighing in excess of fifty (50) pounds must conform ito the safety requirements of Chapter 2 of the City Code. I 6. Certain Temporary Signs Exempt — Temporary window signs as qualified in Section 4-12-5 of this Chapter are exempt from the conditions of this section. 1 I. Unified Business Center Sions. I 1. Comprehensive Sign Plan — No permit shall be issued for a sign to be located in a Unified Business Center until a comprehensive sign plan has been approved for the center as described in Section 4-12-16, and said sign complies with the provisions thereof. 2. Center Identification Sign — In addition to the signs permitted for each • separate occupant, there may be one (1) identification sign for the center itself. i a. Said identification sign may only include the name, address, or graphic logo :if the center. i b. The permitted sign surface area of said identification sign shall not exceed an area equivalent to one tenth of one percent (.1%) of the lot area of the premises nor a maximum of one hundred and twenty (120) square feet. i C. Unless specifically exempted by the provisions of the comprehensive sign i plan for the Unified Business Center, said identification sign shall conform ; to all of the regulations (except those governing number and area) for individual sign types found elsewhere in this Chapter. 3. Directory Signs — In addition to the permitted identification sign for the center, a Unified Business Center may have common directory signs to guide pedestrians to individual businesses on the site. Such signs shall be limited to a maximum of one (1) square foot per occupant listed on the sign. �4-12-10: ADMINISTRATION: IA. Administrative Officer. The City Manager shall designate the Administrative Officer for the purpose- of administering this Chapter. If no such person is designated, f City Manager himself shall function as the Administrative Officer. , 1B. Permit Aooroval Procedure. Any sign for which a permit is required under Section 4-12-4 of this Chapter must receive that permit prior to being constructed, erected, I originally paintei, converted, altered, rebuilt, enlarged, remodeled, relocated or expanded. The fo1owing procedure must be followed for approval of a permit: I 16 i I 4-12-10 (B; t 1. Complete Application — A permit application must be submitted to the City of Evanston Department of Building and Zoning. No application shall be accepted until it is complete, along with all necessary fees, bonds, and evidence of ownership or authorization as described below in this Section. 2. Permit Issuance — Once an application is accepted as complete, the Administrative Officer shall direct an examination of the plans, specifications, 3 and other submitted data, and the premises upon which the sign is proposed to be erected or affixed, and shall request additional plans and information if necessary to determine conformance. If the Administrative Officer deter- mines the proposed sign or signs to be in conformance with this and other applicable Chapters of the City Code, the Administrative Officer shall issue a permit for the proposed sign. 1 3. Permit Denial — If the proposed sign does not conform with this or other applicable Chapters of the City Code, the Administrative Officer shall, on the basis of written findings, approve the sign subject to specific modifications or, on the basis of written findings, deny the sign application. d C. Permit Application. Application for permits to erect, construct, or alter a sign shall be submitted on a form and in the manner prescribed by the Administrative Officer. Each application shall be signed by the owner of the sign and the owner of the property upon which it is to be located. Applications for permits shall be accompanied by such information as may be required to assure compliance with all applicable regulations, including: 1. Name, address and telephone number of the applicant; 2. A drawing or drawings indicating the location of the building, structure or Y lot to which or upon which the sign or advertising structure is to be attached It or erected; s 1 3. A drawing or photograph showing the position of the sign or advertising structure in relation to structures; 4. Two (2) blueprints or ink drawings of the plans and specifications of the proposed sign or advertising structure, including the methods of construction and attachment to the buildings or in the ground. Such plans must include all text and graphics proposed on the sign, drawn to scale with dimensions; 5. If required by the Administrative Officer, a copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure as required by this Chapter and all other applicable Chapters of the City Code; ttt t 6. Name of person, firm, corporation or association responsible for erecting the t' sign or advertising structure. 7. Written consent of the owner or agent of the premises on which the sign or advertising structure is to be erected; 8. A completed application for any electrical permit required to be issued for said sign or advertising structure; I q 9. A copy of the insurance policy or bond as required by Section 4-12-10 G. i of this Chapter, i, 10. A declared total value of the sign or advertising structure and its installation; 11. Documentation of all existing signs on the premises, including their type and { area, location, and the occupant of the site to which each sign pertains; and 12. Any additional information as the Administrative Officer shall require to show j r full compliance with this and all other applicable Chapters of the City Code. D. Temoorary Permit Applications. Applications for temporary sign permits shall be i accompanied by such information as may be required to assure compliance with f all applicable regulations, including those listed in paragraphs 4-12-10: C. 1, 2, 3, 4 and 6 above. No fee shall be charged for any temporary sign. j 17 4-12-10 E. Annual Insoection Permit. The Administrative Officer shall direct an inspection annually, and at such other times as the Officer deems necessary, of each sign and advertising structure for the purpose of ascertaining whether the same is secure, whether it is in need of removal or repair, and whether it is in compliance with the provisions of this Chapter. To meet the expense of such inspection, the sign permittee shall pay to the City Collector an annual fee, and receive an annual inspection permit. In the event that the sign permittee cannot be located, any person, firm, corporation or association owning or in possession, charge or control of the sign or advertising structure shall pay the inspection fee after being property invoiced by the Administrative Officer or the sign or advertising structure shall be removed. F. Permit Fees. Fees to be charged for permits issued shall be as established in a separate fee ordinance which may be, from time to time, adopted by the City Council. Persons guilty of erecting or maintaining a sign without first securing the necessary permit shall be subject to a penalty fee of fifty percent (500/6) of the normal fee amount in addition to the obligation to pay the normal fee. No fee for an annual inspection permit shall be charged during the calendar year I in which the sign or advertising structure is erected. All annual inspection fees shall be due on the anniversary date of the original erection date. II I G. Bond. Insurance and Indemnification Reouirements. i 1. Insurance — A general liability insurance policy issued by any approved insurance company authorized to do business in the State of Illinois, conforming to this Section, may be permitted in lieu of bond, provided that said insur- ance policy names the City as an additional insured and agrees to hold harmless and indemnify the City of Evanston, its officers, agents, and employees from i any and all claims of negligence resulting from such work. II 2. Public Property — All persons responsible for the erection, alteration, reloca- tion, maintenance of a sign or advertising structure in or over or immediately adjacent to a public right-of-way or public property so that a portion of the ! public right-of-way or public property is used or encroached upon by that f • person, shall agree to hold harmless and indemnify the City of Evanston, its I officers, agents, and employees from any and all claims of negligence resulting ! from such work. H. Pre -Installation Inspection. The person responsible for the installation of a sign shall schedule with the Administrative Officer a pre -installation inspection prior i I to installing any sign requiring a permit. Such inspection shall include a footing inspection, if applicable, and confirmation of the other details of mounting and placement. 1. Final Inspection. The person responsible for the installation of a sign shall notify the Administrative Officer upon completion of the work for which a permit is I required and so schedule a final inspection. I J. Six Month Deadline. If the work authorized under a permit has not been completed within six (6) months after the date of issuance, the permit shall be null and void. K. Denial or Revocation. All rights and privileges acquired under the provisions of this Chapter, or any amendment thereto, are deemed mere licenses which may be denied, suspended or revoked any time for cause by the Administrative Officer of, and all such permits shall be subject to this Section. The Administrative Officer is authorized and empowered to deny, suspend, or revoke any permit upon failure of the permittee to comply with any provision of this Chapter or whenever the I permit is issued on the basis of a mis-statement of fact or fraud. The Administrative Officer shall refuse to issue any further permit to any such party or owner, or their agents or representatives, who is in violation of the requirements of this Chapter, or refuses to pay costs assessed for corrective action under the j provisions of this Chapter. 18 C] • 4-12-11 4-12-11: MAINTENANCE AND OPERATION: A. Maintenance and Reoair. Every sign, including but not limited to those signs for which permits are required, shall be maintained in a safe, presentable, and good structural condition at all times, including replacement of defective parts, painting, cleaning and other acts required to maintain the sign, advertising structure, marquee, canopy or awning in its originally permitted and installed condition in accordance with the following criteria and with the applicable Chapters of the City Code: 1. Paint or Treat — To prevent rust, peeling, flaking, fading or rotting, the permittee of any sign or advertising structure shall, as required, paint all parts and supports thereof unless the same are galvanized or otherwise treated. 2. Repairs — Broken panels, missing letters, defective illumination, torn fabric, flaking or peeling paint and other damage to a sign, advertising structure, marquee, awning, canopy or support structure shall be repaired. 3. Clean and Sanitary — All signs or advertising structures and the area surrounding same shall be maintained by the owner thereof in a clean, sanitary and inoffensive condition, and free and clear of all debris, rubbish and obnoxious substances, and any related grassed area or landscaping shall be kept trimmed and in a healthy condition. 4. Notification — Every sign or advertising structure hereafter erected shall have painted or permanently affixed in a conspicuous place thereon and continuously maintained, in legible letters, the date of erection, the name of the permittee, and the voltage of any electrical apparatus use in connection therewith. B. Obsolete or Abandoned Sions. Where the Administrative Officer finds any sign or advertising structure now or hereafter existing, which advertises a business, commodity, service, entertainment, activity, or event which has been discontinued, or is located on property which has been vacant and unoccupied he shall give written notice requiring removal to the permittee thereof, or if the permittee cannot be located, to the owner, agent or person having the beneficial use of the building, structure or premises upon which it is found. If, after notification, the proper person fails to remove the sign or structure within sixty (60) days after such notice the Administrative Officer is hereby authorized to cause the removal of such sign or advertising structure. C. Unsafe and Unlawful Sians. Where the Administrative Officer finds that any sign or advertising structure is unsafe or insecure, or is a menace to the public, or has been constructed or erected, or is being maintained in violation of the provi- sions of this Chapter, he shall give written notice to the permittee thereof, or if the permittee cannot be located, to the owner, agent or person having the beneficial use of the building, structure or premises upon which it is found. If, after notification, the proper person fails to remove or alter the structure so as to comply with the standards herein set forth within twenty (20) days after such notice, the Administrative Officer is hereby authorized to cause the removal of such sign or advertising structure. The Administrative Officer may summarily and without notice cause the removal of any sign or advertising structure which is an immediate peril to persons or property. D. Lien to Recover Costs. In the event of failure by any party to reimburse the City within sixty (60) days for costs incurred for repair or removal ordered by the Administrative Officer, the City Council shall certify the charges for repair or removal to the Corporation Council who will be then authorized to file a Notice of Lien in the Office of the Cook County 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 to the foregoing services, plus all expenses, as hereinafter more fully described, and reasonable attorney's fees to be fixed by the court. Included in the expenses recoverable by the City, are the costs of filing the notice of lien, foreclosing said lien, and all litigation costs, together with all office and legal expense incurred in connection with the collection of the amount due hereunder. 19 4-12-12 4-12-12: NON -CONFORMING SIGNS: �• A. Leaal Non-Conformina Siang. Any sign located within the City on the date of adoption of this Chapter, or located in an area annexed to the City thereafter, which does not conform with the provisions of this Chapter is eligible for characterization as a 'legal non -conforming" sign and is permitted, providing it also meets the following requirements: 1. Proper Permits — The sign was erected or installed under authority of proper sign permits prior to the date of adoption of this Chapter, if one was required under applicable code or law; or 2. No Permit Required — if no sign permit was required under applicable code or law for the sign in question and the sign was in all respects in compli- ance with applicable code or law on the date of adoption of this Chapter. B. Unlawful Non -Conformance. Any sign which does not conform with the provisions of this Chapter and is not eligible for characterization as a legal non -conforming sign is unlawful, and must be brought into compliance with this Chapter or shall be removed within thirty (30) days of the adoption of this Chapter, upon written notification of such unlawful non-conformance by the Administrative Officer. C. Loss of Status. A sign loses its legal non -conforming status if one (1) or more of the following occurs: 1, Sign Altered — The sign is altered in any way, except for normal maintenance or repair, which tends to or makes the sign less in compliance with require- ments of this ordinance than it was before alteration; 2. Message Changed — The sign message or graphic display is changed in any way, except for normal maintenance or repair that does not increase the non- conformity; 3. Sign Relocated — The sign is relocated either on the premises or to another location; 4. Sign Unsafe — The sign fails to conform to the sections of this Chapter i regarding maintenance and operation, and public safety standards; 5. Sign Damaged — Damage occurs to a sign which requires repairs exceeding fifty (50) percent of the replacement value of the sign; 6. Excessive Maintenance Costs — maintenance is required which will exceed 1 fifty (50) percent of the replacement value of the sign; or 7. New Occupancy Permit — A change in use occurs which requires a new occu- pancy permit for the premises to which a legal non -conforming sign relates. On the date of occurrence of any of the above, the sign shall be immediately brought in compliance with this Chapter with a new permit secured, therefore, or shall be removed within thirty (30) days of that date. D. Inventory of Existing Sians. Upon adoption of this Chapter the Administrative Officer shall, as soon as practicable, conduct an inventory of signs within the City to establish a benchmark evidencing the existence of all signs subject to regulation under this chapter. Such inventory shall include a photographic or video recording, indexed by street and location. { E. Continuino Obliaation. Nothing in this Section shall relieve the owner or user of a legal non -conforming sign or owner of the property on which the legal non -conforming sign is located from the provisions of this Chapter regarding safety, maintenance, and repair of signs, provided however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure, sign face or message in such a way which makes the i. sign more non -conforming. i 1 'I 20 • I 4-12-13 0 4-12-13: SIGN REVIEW AND APPEALS BOARD: A. Board Creation. There Is hereby created a Sign Review and Appeals Board (Board). Board Composition — The Board shall be composed of five (5) members appointed by the Mayor with the consent of the City Council. Two (2) members of the Board shall be experienced or actually engaged in graphic design arts. One member shall be engaged in the field of advertising and two additional members shall be principals engaged in business in Evanston, which are not involved in graphic or design arts or advertising. In making appointments to the Board, the Mayor shall seek to appoint as members persons possessing qualities of impartiality and broad judgment, who are recognized as experienced in matters of aesthetic judgement and perception by virtue of training, education and experience, (such as architects, landscape architects, land planners, sign contractors, graphic designers or persons specifically qualified by reason of education, training or experience in the area of graphic or allied arts) and persons with training or experience in marketing and advertising. 2. Conflict of Interest — No member of the Board shill participate in discussion or vote on items before the Board from any client said member is serving or from any business or property in which said member has a substantial interest or of which said member is and officer or employee. 3. Terms and Officers — Each member shall serve for a period of three (3) years, at which time he or she may either be reappointed for a maximum of one (1) additional three (3) year term, or replaced by new members by the Mayor, subject to the majority consent of the City Council. One (1) member of the Board shall be designated as Chairperson by the Mayor with the consent of the City Council. The members of the Board shall elect from among themselves another member to serve as the vice chairperson. 4. Meetings and Quorum — Meetings of the Board shall be on the call of the Chairperson, or in the absence of the Chairperson the Vice Chairperson, at such times and places within the City as the Board may determine. A majority of the five (5) members of the Board shall be necessary for a quorum at each meeting. 5. Public Records — All testimony by witnesses at any public hearing provided for in this Chapter shall be of public record. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The minutes of all hearings and meetings and all recommendations, orders, requirements, findings, decisions, and determinations of the Board shall be filed with the Administrative Officer and shall be public records. B. Jurisdiction. The Board is hereby vested with the following jurisdiction and authority 1. Appeals — The Board shall hear all appeals from any order, requirement, decision, determination, or interpretation of the Administrative Officer acting within the authority vested from this Chapter and make written findings and decisions for the disposition of such appeals. 2. Variations — The Board shall hear all petitions for variations from the provisions of this Chapter, make written findings, and approve, modify, approve with conditions or deny such petitions for variations. 3. Unified Business Centers — The Board shall hear all requests for the i establishment or amendment of comprehensive sign plans for Unified Business Centers, make written findings, and approve, modify, approve with conditions or deny such requests. 4. Special Sign Districts — The Board shall hear all proposals for the creation or amendment of Special Sign District boundaries, make written findings, and recommend the approval, modification, approval with conditions or denial of such proposals to the City Council. The Board shall also hear all requests for the establishment or amendment of comprehensive sign plans for Special Sign Districts, make written findings, and recommend the approval, modification, approval with conditions or denial of such requests to the City Council. 21 it 4-12-14 4-12-14: APPEALS. A. Notification to Aaarieved Partv. It shall be the responsibility of the Administrative Officer to pra.,ide written notification to the aggrieved party of an action denying a permit. Said notice shall include the following: 1. The date and specific reason for denial of the permit. 2. All forms and procedures required for filing an appeal. B. Petition for ADDeal. An appeal may be taken to the Sign Review and Appeals Board by any person aggrieved by an order, requirement, decision, determination, or interpretation of the Administrative Officer acting with respect to the authority of this Chapter. 1. Applicatior. Deadline — An appeal shall be filed within forty-five (45) working days after notification of the alleged erroneous order, requirement, decision, determinat'on, or interpretation. 2. Application Form — An appeal shall be filed in writing with the Administrative Officer on a form supplied by him. It shall be accompanied by such documents and information as the Board may by rule require. 3. Filing Fee — Each appeal to the Board shall be accompanied by a filing fee as established in a separate fee ordinance which may, from time to time, be adopted by City Council. If the appeal is granted by the Board the filing fee shall be refunded to the applicant. C. Transmittal of Record. The Administrative Officer shall, at the time of filing an appeal, forthwith transmit to the Sign Review and Appeals Board all of the documents constituting the record upon which the action appealed from was taken. D. Effect of Aooeal'. The appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative Officer certifies to the Sign Review and Appeals Board .after the appeal has been filed that, by reason of the facts stated in the application, a stay would in the Administrative Officer's opinion cause imminent peril to life or property. In such case, the proceeding shall not be stayed unless a restraining order is issued by the City Council or by a court of competent jurisdiction, and then only if due cause can be conclusively shown. E. Action of the Board. The Sign Review and Appeals Board shall hold a public hearing on an appeal within thirty (30) days of receipt of a completed written application. 1. Hearing Notice — Notice shall be given of the time, place, and purpose of the public hearing by posting on the premises which is the subject of the hearing a notification sign which meets the following standards: a. The sign shall be a minimum of twenty inches (20") by thirty inches (30"). b. All capital lettering on the sign shall be a minimum of three inches (3") high and the colors utilized shall provide suitable contrast for readability from the adjacent public street. C. The sign shall contain: the title "PUBLIC NOTICE" at the top; a statement of the purpose of the hearing; the date, time and place of the hearing; and reference that the hearing is before the Evanston Sign Review and Appeals Board. d. The sign shall be placed near the front door of the premises, or as required, to be fully visible from the public street on which the premises is located. If the premises has frontage on more than one public street a separate sign shall be required for each frontage. e. The sign shall be posted not less than fifteen (15) days before the hearing to which it refers. It shall be removed within five (5) days after the final decision of the Sign Review and Appeals Board on the petition. 2. Required Attendance — Both the aggrieved petitioner and the Administrative Officer or tt'.eir authorized representatives shall attend the meetings of the Board at which the appeal is to be heard. 22 C • • C 4-12-14 (E) 3. Decision — Within fifteen (15) working days of the close of the required public hearing of the appeal, the Board shall prepare and submit written findings, and by a majority vote, issue a decision to grant, deny, wholly or in part, or modify said appeal. F. Council Action. Following receipt of the findings and decision of the Board the Planning and Development Committee of the City Council may choose to review the decision of the Board and on the basis of the record may affirm, modify or reverse the decision of the Board. If no motion to review a Board decision is made and adopted at the Planning and Development Committee meeting following the receipt of the findings and decision of the Board, that decision of the Board shall be final. G. Unless the City Council shall have voted affirmatively to continue in full force and effect the provisions of Section 4-12-14(f) noted above, one year subsequent to the date of adoption of this ordinance, said Section 4-12-14(f) shall be deleted in its entirety. H. Maintenance of Records. The Administrative Officer shall maintain complete records of all findings and decisions of the Sign Review and Appeals Board and all determinations of the City Council relative to an appeal. All such records shall be open to the public for inspection. 4-12-15: VARIATIONS: It is the intent of this Section to permit variations from the requirements of this Chapter only so as to achieve a parity among signs similarly located and classified. A. Petition for Variation. A petition for a variation from any provision(s) of this Chapter may be made by any person having a proprietary interest in the sign for which such variation is requested. 1. Petition Contents — An petition for variation shall be filed in writing with the Administrative Officer on a form supplied by him and shall be accompanied by such documents and information as are necessary to clearly exhibit the practical difficulty for which the variation is necessary, including: a. The names, addresses, and telephone number of the petitioner, the owner of the property on which the sign is to be erected or affixed, the owner of the sign, and the person responsible for erecting or affixing the sign. b. A description of the requested variation. C. Justification of the requested variation. d. The location of the premises on which the sign is to be erected or affixed. e. A site plan of the premises involved, showing accurate placement thereon of the proposed sign. f. A blueprint or ink drawing of the plans and specifications of the sign to be erected or affixed and method of construction and attachment to the building or in the ground. Such plans and specifications shalt include details of dimensions, materials, color, and weight. g. The written consent of the owner of the premises on which the sign is to be erected or affixed. h. A fee, as determined by ordinance adopted by the City Council from time to time, to be paid at the time of filing of the petition for variation. B. Action of the Board. The Sign Review and Appeals Board shall hold a public hearing on the petition for variation within thirty (30) days of receipt of a completed written application. 1. Hearing Notice — Notice shall be given of the time, place and purpose of the public hearing by posting on the premises which is the subject of the hearing a notification sign which meets the following standards: 23 i 4-12-15 (B)(1i a. The sign shall be a minimum of twenty inches (20") by thirty inches (30"). i b. All capital lettering on the sign shall be a minimum of three inches (3") I` high and the colors utilized shall provide suitable contrast for readability j from the adjacent public street. C. The sign shall contain: the title "PUBLIC NOTICE" at the top; a statement i of the purpose of the hearing; the date, time and place of the hearing; and reference that the hearing is before the Evanston Sign Review and i ! i Appeals Board. d. The sign shall be placed near the front door of the premises, or as required, to be fully visible from. the public street on which the premises is located. If the premises has frontage on more than one public street 1 ; a separate sign shall be required for each frontage. e. It shall be the responsibility of the petitioner to remove the sign(s) within i l five (5) days after the final decision of the Sign Review and Appeals i j Board on the petition. 2. Required Attendance — Both the petitioner and the Administrative Officer or their authorized representatives shall attend the meetings of the Board at which the variation is to be heard. 3. Decision — Within fifteen (15) 'working days of the close of the required public i hearing on the variation, the Board shall prepare and submit written findings, and by a majority vote, issue a decision to grant, deny, wholly or in part, or modify said variation. C. Aooeals from Decision of Sion Review and ADDeals Board (SRAB%. Decisions of SRAB may be appealed to P & D Committee by applicant. P & D Committee shall, at its next regular meeting following filing of the appeal decide whether to hear the appeal and set a hearing date for said appeal hearing. i D. Unless the City Council shall have voted affirmatively to continue in full force and effect the provisions of Section 4-12-15(c) noted above, one year subsequent to the date of adoption of this ordinance, said Section 4-12-15(c) shall be deleted in its • entirety. E. Standards. Variations shall only be approved to overcome an exceptional condition which poses practical difficulty or particular hardship in such a way as to prevent the display of a sign as intended by this Chapter. No variation shall be granted ! unless the Board finds that the petition meets each of the following standards- 1 . Unique Hardship — The proposed variation will not merely serve as a 1 convenience to the applicant, but will alleviate some demonstrable and unusual hardship which would result if the strict letter of the regulations were carried i out and which is not generally applicable to other property within the City. 2. Reasonable Return — The property in question cannot yield a reasonable return j if permitted to be used only under the conditions allowed by the regulations in this Chapter. I 3. Not Self Created —The alleged hardship has not been created by the petitioner or any person presently having a proprietary interest in the premises. 3 4. Not Harm Public Welfare — The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements s I in the neighborhood. The proposed variation will not by itself or with other b signs contribute to the creation of visual distraction which may lead to personal 1 injury or a substantial reduction in the value of property. i 5. Graphic Effectiveness Demonstrated — The petitioner has demonstrated that all reasonable efforts (utilizing color, contrast, lettering legibility, illumination, and graphic composition) have been made to increase the reading effectiveness of the proposed sign within the normal requirements of this Chapter. i 6. Consistent With Intent — The proposed variation is in harmony with the intent, I purpose, and objectives of this Chapter. I t 24 • I t I 4-12-15 t F. I Conditions. Such conditions and restrictions may be imposed on the premises to be benefitted by a varatiori as may be necessary to comply with the standards set forth herein, to reduce or minimize any injurious effect of such variation on other property in the neighborhood, and to implement the general intent, purpose, and objectives of this Chapter. G. Revocation. In any case where a variation has been granted, and where no work i pertinent thereto has been initiated within one (1) year from the date of approval of the requested variation, then without further action by the Sign Review and Appeals Board, said variation shall become null and void. H. Maintenance of Records. The Administrative Officer shall maintain complete records of all findings of fact and decisions of the Sign Review and Appeals Board relative to a variation. All such records shall be open to the public for inspection. I 4-12-16: UNIFIED BUSINESS CENTER: No permit shall be issued for a sign to I` j be located in a Unified Business Center until a comprehensive sign plan has been approved for the center and the sign complies with the provisions thereof. 1 A. Comprehensive Sian Plan Aooroval. Approval of a comprehensive sign plan for a Unified Business Center shall be at the discretion of the Sign Review and Appeals Board in accordance with the criteria noted herein. B. Site Plan Review. No permit shall be issued for a sign, and no final approval shall be granted for a comprehensive sign plan prior to review and approval by the Site Plan Review Committee of all comprehensive sign plans. The Site Plan Review Committee shall forward to the Sign Review and Appeals Board its recommenda- tion for approval, denial or modification of the proposed comprehensive sign plan. C. ADolication Content. In addition to the requirements listed for permit applications in Section 4-12-10 C. 1, 2, and 7 above, the application for a comprehensive sign ti i plan for a Unified Business Center shall include a format for all signs to be used in the center, including their maximum size, color, location, illumination details, lettering type, mounting details, and (if any) landscaping details. D. Criteria. The criteria used by the Sign Review and Appeals Board in its review • of the proposed comprehensive sign plan for a Unified Business Center shall include: 1. Scale and Proportion — Every sign shall have good scale and proportion in its design and in its visual relationship to the other signs, buildings and S surroundings. 2. Integral Elements — The signs in the plan shall be designed as integral j t architectural elements of the building and site to which they principally relate { ' and shall not appear as incongruous "add-ons" or intrusions. 3. Restraint and Harmony — The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates. 4. Effective Composition — The number of graphic elements and letters shall be held to the minimum needed to convey each sign's message and shall be composed in proportion to the area of the sign's face. 5. Compatibility — Each sign shall be compatible with signs on adjoining premises and shall not compete for attention. 6. Unified Image — The effect of the signs proposed in the plan shall be the establishment of a unified image for the center. Permitted Variations. In conjunction with the approval of the comprehensive sign ;. plan for a Unified Business Center, the Sign Review and Appeals Board may authorize limited variations to the regulations included in this Chapter. Such variations shall ` be permitted only when the applicant demonstrates that they are necessary to provide an improved comprehensive solution that is consistent with the Purpose of this Chapter as found in Section 4-12-2 herein. The variations permitted are limited to the following: 25 i n t I 4-12-16 (E) • 1. Wall Signs — For wall signs the Sign Review and Appeals Board may vary the required twenty percent (20%) reduction on multiple signs and the requirement that signs be coterminous with the occupancy to which the signs refer. 2. Free -Standing Signs — For free-standing signs the Sign Review and Appeals Board may vary the thirty (30) foot facade setback requirement, the height limitations up to the maximum of fifteen and one half (15.5) feet or the height of the principal building to which the sign pertains (whichever is lower), and the area limitations up to the maximum of one hundred and twenty (120) square feet per sign (as long as the total permitted sign surface area for either the occupant or the premises is not exceeded). 4-12-17: SPECIAL SIGN DISTRICTS: Upon the finding of unique circumstances, specific geographic areas of the City may be designated by ordinance of the City Council as Special Sign Districts for the purpose of improving the overall appearance of signs in the district. A. Circumstances for Desianatina a District. A Special Sign District may be created when there are unique circumstances relating to a geographic area which require regulations beyond the application of the provisions of this Chapter. Examples of these circumstances are: 1. Special Improvement Plans — Certain business or neighborhood areas in the City may have special improvement plans which require unique considerations for signs. 2. Historic or Distinctive Architectural Areas — Certain areas in the City may have a dominant historical or architectural character that requires specialized treatment of signage to ensure compatibility. 3. Major Institutional Campuses — The premises of certain very large institutions, such as hospitals or universities, may have signage needs that are unique. B. Initiatina a District. Any interested person may initiate the consideration of a ' • Special Sign District by presenting a request therefor to the Planning and Development Committee of the City Council. If the Committee feels that the request is detailed enough and has merit for further deliberation they may refer it to the Sign Review and Appeals Board for a recommendation. C. Comorehensive Sign Plan, No sign for which a permit is required may be erected in a Special Sign District unless it is in conformance with the comprehensive sign plan for that District. 1. Initial Sign Plan — Prior to the creation of a Special Sign District the Sign Review and Appeals Board shall examine all signs within the proposed District and recommend to the Planning and Development Committee of the City Council a comprehensive sign plan for the District, including Special Sign District regulations where appropriate. The Special Sign District regulations contained in the comprehensive sign plan may supersede regulations found in this Chapter. 2. Amendments — The comprehensive sign plan for a District may be amended by following the same procedure that is used to establish the initial sign plan. D. Sian Review and Aooeals Board Recommendation. No Special Sign District shall be created by the City Council without receiving a prior recommendation from the Sign Review and Appeals Board on the suitability of creating such District. Public Hearing — The Board shall hold a public hearing on the question of forming the proposed District and the recommended comprehensive sign plan therefor. Notice shall be given of the time and place of the public hearing not more than thirty (30) days nor less than fifteen (15) days before the hearing, by publishing a notice thereof at least once in one (1) or more news- papers published in the City, or if no newspaper is published therein, then in one or more newspapers having a general circulation within the City. At the hearing, any party may appear in person or by agent or by attorney. 26 4-12-17 (D) 2. Recommendation — Within thirty (30) days of the close of the required public hearing the Board shall prepare written findings of fact, and by majority vote, issue to the Planning and Development Committee of the City Council a recommendation on the suitability of creating the proposed District and adopting the related comprehensive sign plan. E. City Council Action, The Planning and Development Committee shall forward to the full City Council the recommendation of the Sign Review and Appeals Board, together with whatever additional comment is appropriate from the Committee. The City Council, upon receipt of the recommendation and comments and without further public hearing, may approve by ordinance or deny the creation of the Special Sign District and the adoption of the comprehensive sign plan therefor. 4-12-18: PENALTY: Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed for each day such violation occurs or continues. 4-12-19: SEPARABILITY: In accordance with the following, it is hereby declared that the several provisions of this Chapter are separable: A. Provision of Ordinance. If any court of competent jurisdiction determines any provision of this Chapter to be invalid, such determination shall not affect any other provision of this Chapter, not specifically included in the court's judgment order. B. Anv Particular Sian. If any court of competent jurisdiction determines any provision of this Chapter to be invalid as applied to any particular sign, such determination shall not affect the application of such provision to any other sign not specifically included in the court's judgment order. SECTION 2: SECTION 3: I 4.� All ordinances or parts of ordinances in conflict herewith are hereby repealed. This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:�� Adopted: ;2/ X-t-e4 , 1987. `1­j Approved: 1987. C; Mayor ATTEST: City Clerk Approved as to form: Corporation Counsel 27 G G�N�ER pPAy p`NpuR �IMIi .. SSG BERM vIS1 � co M MPLp� E -s pN�y J Li c • -3 0 .1 G 5 V-A � m ASg�R� AVE GE. AVE