Article 1. DEFINITIONS, Appendix B. ZONING REGULATIONS, Code of Ordinances, Effingham

Effingham

Code of Ordinances

Appendix B. ZONING REGULATIONS

Article 1. DEFINITIONS

For the purposes of this ordinance, certain terms and words are hereby defined as follows:

Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular, the word building includes the word structure; the word shall is mandatory and not directory:

1-1. Accessory building and use: A subordinate building located on the same lot as the main building, the use of which is naturally and normally incidental to that of the dominant use of the main building or land. An accessory use is one which is naturally and normally incidental to the main use of the premises.

1-2. Alley: A way which affords only a secondary means of access to property abutting thereon.

1-3. Apartment: A room or suite of rooms intended, designed or used as a residence by a single family.

1-5. Automobile service establishment: An establishment engaged in the service or repair of automobiles, trucks of less than twelve thousand (12,000) pounds gross weight, recreational vehicles, boats and motorcycles and reconditioning and repair of parts and accessories for such vehicles. Service and repair may include general repair, rebuilding or reconditioning of engines, vehicle collision service, body repair and frame straightening, painting and upholstering, vehicle steam-cleaning, undercoating and machining of parts.

1-6. Basement: A story partly underground and having at least one-half (½) of its height above the average level of the adjoining ground. A basement shall be counted as a story if subdivided and used for dwelling or business purposes, other than for the quarters of a watchman or janitor.

1-7. Bed-and-breakfast establishment: A building where, for compensation and by arrangement, lodging (in not more than five (5) lodging rooms) and a breakfast meal are provided for transient guests in addition to the resident family.

1-8. Boarding house or lodging house: A building where, for compensation and by arrangement, lodging (in not more than five (5) lodging rooms) and meals are provided for persons in addition to the resident family.

1-9. Building: Any structure having a roof supported by columns or walls for support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

1-10. Building, height of: The vertical distance from the grade (elevation of the sidewalk or the average level of the finished surface of the ground adjacent to the structure) to the highest point of the coping of a flat roof or to the deckline of mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

1-11. Car wash: A structure or portion thereof, containing facilities for washing private passenger vehicles, using automatic methods with a chain conveyer, blower, steam-cleaning device or other mechanical devices; or providing space and equipment for the handwashing, cleaning or polishing of passenger vehicles, whether by customer or the operator; but not including truck wash facilities.

1-12. Cellar: That portion of a building between the floor and ceiling which is wholly or partly below grade, and having more than one-half (½) of its height below grade.

1-13. Clinic: An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or other members of the healing arts practicing together.

1-14. Club: A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purposes but not primarily for profit or to render a service which is customarily carried on as a business.

1-15. Day-care center: Any child-care facility, with or without stated educational purposes, receiving thirteen (13) or more children for care during all or part of a day, licensed and operated under the provisions of the Child Care Act of the State of Illinois. (Ord. No. 41-92, § I, 10-20-92)

1-16. Community residence: A group home or specialized residential care home serving unrelated persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies. Community residence does not include a residence providing foster care nor a residence which serves persons as an alternative to incarceration for a criminal offense or persons whose primary reason for placement is substance or alcohol abuse or for treatment of a communicable disease.

Small Community Residence: A community residence, excluding foster care, for no more than six (6) persons with disabilities, plus supervisory or oversight personnel, living together as a single housekeeping unit for the primary purpose of providing shelter in a family-like atmosphere as part of the residential community.

Large Community Residence: A community residence for seven (7) to fifteen (15) persons with disabilities, plus supervisory or oversight personnel, living together as a single-family unit for the primary purpose of providing shelter in a family-like atmosphere as part of the residential community.

Person with a Disability: Any individual whose disability:

(1)

Is attributable to mental, intellectual or physical impairments or a combination of mental, intellectual or physical impairments; and

(2)

Is likely to continue for a significant amount of time or indefinitely; and

(3)

Results in functional limitations in three (3) or more of the following areas of major life activities:

(a)

Self-care;

(b)

Receptive or expressive language;

(c)

Learning;

(d)

Mobility;

(e)

Self-direction;

(f)

Capacity for independent living;

(g)

Economic self-sufficiency; and

(4)

Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of a life-long or extended duration. (Ord. No. 6-91, 1-15-91)

1-17. District: Any section of the city or territory within one and one-half (½) mile of the city for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.

1-18. Drive-in establishment: An establishment which provides or is designed to provide, either wholly or in part, parking of patrons' automobiles from which the occupants may watch entertainment, purchase goods or services or transact business (also see definition of Restaurant, drive-in ).

1-19. Dwelling: Any building or portion thereof which is designed for or used exclusively for residential purposes, but not including trailers and mobile homes.

1-20. Dwelling, attached single-family: A dwelling unit having its own ground floor entrance, joined to two (2) or more dwelling units by party walls or other horizontally unifying structural element, each self-sufficient with utilities and designed for or occupied exclusively by one (1) family.

1-21. Dwelling, single-family: A dwelling designed for or occupied exclusively by one (1) family.

1-22. Dwelling, two-family (duplex): A dwelling designed for or occupied exclusively by two (2) families, with each dwelling unit having its own ground floor entrance, joined to only one (1) other dwelling unit by a party wall or other horizontally unifying structural element.

1-23. Dwelling, multiple: A dwelling designed for or occupied exclusively by three (3) or more families.

1-24. Dwelling unit: One (1) or more rooms which are arranged, designed or used as living quarters for one (1) family only and which includes complete bathroom and kitchen facilities permanently installed to serve the family.

1-25. Family: One (1) or more persons related by blood, marriage or adoption, occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boardinghouse, lodginghouse or hotel as herein defined.

1-26. Filling station: Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication or washing of automobiles and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement, body, fender repair or spray painting or outside storage of vehicles.

1-27. Floor area: The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating buildings, but not including garages, unenclosed porches and cellar or basement space.

1-28. Foundation, permanent: A structural building support extending from below the frostline up to the structure and made of cast-in-place concrete or concrete blocks mortared together.

1-29. Frontage: All property on one (1) side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street; or, if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.

1-30. Garage, private: An accessory building designed or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the building to which it is accessory and not storing more than one (1) commercial vehicle or any vehicle which exceeds a two-ton capacity.

1-31. Garage, storage or parking: A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and within which motor fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired, hired or sold.

1-32. Home occupation: A business, occupation or profession conducted within a dwelling unit by a person residing within that dwelling unit which is clearly incidental to the primary residential use of the structure, and provided that:

The occupation shall be conducted wholly within the principal building;

No occupational use shall be made of garage facilities or other accessory structure, whether attached or detached;

No person who is not a member of the family residing in the dwelling unit shall be employed;

A separate entrance shall not be provided in conjunction with the conduct of the occupation;

No alteration of any kind shall be made to the principal building which changes its residential character as a dwelling unit;

No outdoor storage in connection with the occupation shall be allowed;

The occupation shall not involve more than a total of three hundred (300) square feet of the area of a dwelling unit;

No sign shall be permitted on the premises except a nameplate of one (1) square foot in area;

There shall be no commodity sold or services rendered that require delivery or shipment of merchandise, goods or equipment by other than passenger-sized motor vehicles, three-quarter to step-up van or similar sized trucks;

There shall be no perceptible noise, odor, smoke, electrical interference or vibrations emanating from the structure in which the home occupation functions; and

The home occupation shall be conducted in such a manner that it does not create parking or traffic congestion for the abutting or adjoining neighbors or for the immediate neighborhood.

1-32.A. Home Occupation—Day care home: Any in-home child care facility receiving a maximum number of twelve (12) children including the care giver's own children, for care during all or part of a day. The day care home shall be licensed and operated under the provisions of the child care act of the State of Illinois.

An assistant who may or may not be a member of the family residing in the dwelling unit may be employed;

A separate entrance shall not be provided in conjunction with the conduct of the occupation;

No alteration of any kind shall be made to the principal building which changes its residential character as a dwelling unit;

No sign shall be permitted on the premises except a nameplate of one (1) square foot in area mounted flush against the side of the home;

The home occupation shall be conducted in such a manner that it does not create parking or traffic congestion or a nuisance for the abutting or adjoining neighbors or for the immediate neighborhood. (Ord. No. 41-92, § I, 10-20-92)

1-33. Hotel, motel or motor hotel: An establishment containing guest rooms exclusively for occupancy by transient guests and which provides customary hotel services, such as maid, telephone and secretarial, bellboy and desk services, and the use and upkeep of furnishings and laundry of linens.

1-34. Institution: A building occupied by a nonprofit corporation or a nonprofit establishment for public use.

1-35. Laundromat: An establishment providing home-type washing, dry cleaning, drying or ironing machines for hire to be used by customers on the premises.

1-36. Loading space: A space within the main building or on the same lot therewith providing for the standing, loading or unloading of trucks and having a minimum dimension of twelve (12) by one hundred (100) feet and a vertical clearance of at least fourteen (14) feet.

1-37. Lodging room: Any habitable room or group of not more than two (2) habitable rooms forming a habitable unit occupied or intended to be occupied by not more than two (2) persons for living and sleeping but not used for cooking purposes.

1-38. Lot: A parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by this ordinance and having its principal frontage upon a street or upon an officially approved place.

1-39. Lot, corner: A lot abutting upon two (2) or more streets at their intersection.

1-40. Lot, double frontage: A lot having a frontage on two (2) nonintersecting streets as distinguished from a corner lot.

1-41. Lot of record: A lot which is part of a subdivision, the map of which has been recorded in the office of the recorder of deeds in Effingham County; or parcel of land, the deed of which was recorded in the office of the recorder of deeds in Effingham County.

1-42. Miniwarehouse: A building or group of buildings that contain individual compartmentalized and controlled access stalls or lockers for the dead storage of the customer's goods or wares.

1-43. Mobile home (house trailer): A movable or portable dwelling over thirty-two (32) feet in length and over eight (8) feet wide, constructed to be towed on its own chassis, connected to utilities and designed without a permanent foundation for year-round occupancy, which can consist of one (1) or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or of two (2) or more units separately towable but designed to be joined into one (1) integral unit.

1-44. Mobile home park (trailer park): A lot on which are located or which is arranged or equipped for the accommodation of two (2) or more mobile homes occupied for living purposes.

1-46. Motel: See section 1-33.

1-47. Motor court or motel: A building or group of buildings used for the temporary residence of motorists or travelers.

1-48. Nonconforming use: The use of land or a building or portion thereof which use does not conform with the use regulations of the district in which it is situated.

1-49. Nursing home: A licensed public or private home or institution which provides maintenance, personal care and nursing for three (3) or more persons who, by reason of physical illness or infirmity, are incapable of maintaining a private, independent residence. (Ord. No. 6-91, § 1, 1-15-91)

1-50. Parking space: A surfaced area enclosed in the main building or in an accessory building or unenclosed having an area of not less than one hundred eighty (180) square feet, exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.

1-51. Party wall: A fire-separation wall on an interior lot line used or adapted for joint service between two (2) single-family dwelling units providing not less than one-hour fire-resistance separation.

1-52. Portable Sign: Any Sign which is not listed below shall be classified as a Portable Sign:

Any Sign which is permanently mounted in the ground;

Any Sign which is permanently attached to a building;

Any Sign painted or magnetically affixed to a vehicle, if it conforms to the shape of the vehicle and is not a changeable letter or changeable copy Sign; or,

Any Sign otherwise affixed to a vehicle, if less than five square feet in surface area and not a changeable letter or changeable copy Sign. (Ord. No. 114-2017 , § 3, 12-19-2017)

1-53. Relocatable home: A movable or portable dwelling with a floor area of at least one thousand (1,000) square feet designed and constructed without a carriage or hitch, as a stationary house constructed for placement upon a permanent foundation, to be connected to utilities for year-round occupancy. It is capable of being separated from its foundation and utilities and relocated. It can consist of one or more components that can be retracted when transported and subsequently expanded for additional capacity, or of two or more units separately transportable, but designed to be joined into one integral unit.

1-54. Restaurant: An establishment whose sole business is the sale of food or beverage to customers for consumption on the premises. The food is consumed only on the premises and all dishes cleared by the staff of the establishment in preparation for the next customer.

1-55. Restaurant, carry-out: An establishment whose principal business is the sale of food or beverages to the customer in the ready-to-consume state for consumption off the premises.

1-56. Restaurant, drive-in: An establishment whose principal business is the sale of food or beverages in the ready-to-consume state, all or part of which is served directly to the customer in a motor vehicle.

1-57. Restaurant, fast-food: An establishment whose principal business is the sale of food or beverages in a ready-to-consume state for consumption on or off the premises and which is served in edible containers or in paper, plastic or other disposable containers.

1-58. Story: That portion of a building, other than a cellar or basement (except one used for business or residence), included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.

1-59. Story, half: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story; except that any partial story used for residence purposes, other than for a janitor or caretaker or his family or by a family occupying the floor immediately below it, shall be deemed a full story.

1-60. Street: A public or private thoroughfare which affords the principal means of access to abutting property.

1-61. Street, line: A dividing line between a lot, tract or parcel of land and a contiguous street.

1-62. Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas, but not including fences.

1-63. Structural alterations: Any change in the supporting members of a structure, such as bearing walls, columns, beams, girders or doors, other than a change in windows or a minor alteration which effects primarily the appearance and not the life of the structure or overall dimensions of the building.

1-64. Travel trailer: A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use.

1-65. Truck service center: An establishment engaged in the service or repair of automobiles, trucks, all size of commercial or private vehicles of more than twelve thousand (12,000) pounds and reconditioning and repair of parts and accessories of such vehicles. Service and repair may include general repair, rebuilding or reconditioning of engines, vehicle collision service, body repair and frame straightening, painting and upholstering, vehicle steam-cleaning, undercoating and machining of parts.

1-66. Truck wash: A structure or portion thereof containing facilities for washing, cleaning or polishing autos, trucks, buses or other commercial vehicles using automatic methods with a chain conveyer, blower, steam-cleaning device or other mechanical devices or providing space and equipment for the handwashing, cleaning or polishing of autos, trucks, truck trailers, buses or other commercial vehicles, whether by the customer or the operator.

1-67. Yard: An open space between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein, and measured as the minimum horizontal distance between the lot line and the main building.

1-68. Yard, front: A yard extending across the front of a lot between the side yard lines and measured between the street line and the main building of any projections thereof, other than the projections of the usual uncovered steps, uncovered balconies or uncovered porch.

1-69. Yard, rear: A yard extending across the rear of a lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projections thereof, other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots, the rear yard shall be at the opposite end of the lot from the front yard.

1-70. Yard, side: A yard between the main building and the side line of the lot, and extending from the front lot line to the required rear yard.

1-71. Child care institution: A child care facility where more than 7 children are received and maintained for the purpose of providing them with care or training or both, licensed, and operated under the provisions of the Illinois Child Care Act of 1969, 225 ILCS 10/1 et. seq. The term "Child Care Institution" includes residential schools, primarily serving ambulatory handicapped children, and those operating a full calendar year, but does not include:

any state-operated institution for child care established by legislative action;

any juvenile detention or shelter care home established and operated by any county or child protection district;

any institution, home, place or facility operating under a license pursuant to the Nursing Home Care Act, 210 ILCS 45;

any bona fide boarding school in which children are primarily taught branches of education corresponding to those taught in public schools, grades one through 12, or elementary and high schools, and which operates on a regular academic school year basis;

any facility licensed as a "group home" as defined in the Child Care Act of 1969 (Section 2.06 of the Child Care Act of 1969); or,

any forestry camps, training schools or any facility operated primarily for the detention of children who are determined to be delinquent. (Ord. No. 63-2016, § 2, 8-2-2016)

1-72. Maternity center: means a facility in which any person, agency or corporation, other than one licensed as a foster family home or group home under the Child Care Act of 1969, receives, treats or cares for one or more unwed pregnant girls under 18 years of age, except that the term does not include any facility licensed under the Hospital Licensing Act. (Ord. No. 63-2016, § 2, 8-2-2016)

1-73. Photovoltaic cell: A semiconductor device that converts solar energy directly into electricity. (Ord. No. 30-2017, § 2, 4-18-2017)

1-74. Solar collector: A professionally manufactured device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, or electrical energy. (Ord. No. 30-2017, § 2, 4-18-2017)

1-75. Solar collector surface: Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware. (Ord. No. 30-2017, § 2, 4-18-2017)

1-76. Solar energy system, building mounted: A solar energy system, in which all parts, are professionally mounted on the roof of a principal building or accessory structure. A Building Mounted Solar Energy System includes Building Integrated Solar Energy Systems, Flush Mounted Solar Energy Systems and Non-Flush Mounted Solar Energy Systems. (Ord. No. 30-2017, § 2, 4-18-2017)

1-77. Solar energy system, building integrated: A Building Mounted Solar Energy System that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural part of the building. Building Integrated Solar Energy Systems include, but are not limited to, Photovoltaic Cell or hot water systems that are contained within roofing materials, skylights, shading devices and similar architectural components. (Ord. No. 30-2017, § 2, 4-18-2017)

1-78. Solar energy system, flush mounted: A Building Mounted Solar Energy System that is mounted to a finished roof surface where the solar collector, once installed, projects no further than six (6) inches in height beyond the roof surface. (Ord. No. 30-2017, § 2, 4-18-2017)

1-79. Solar energy system, non-flush mounted: A Building Mounted Solar Energy System that is mounted to a finished roof surface where the solar collector, once installed, projects more than six (6) inches in height beyond the roof surface. (Ord. No. 30-2017, § 2, 4-18-2017)

1-80. Solar energy system, ground mounted: A free-standing solar energy system that is placed, affixed, or mounted to the ground. (Ord. No. 30-2017, § 2, 4-18-2017)

1-81. Solar energy system, large: A solar energy system that contains multiple Solar Collectors and is primarily used to produce energy to be sold commercially. (Ord. No. 30-2017, § 2, 4-18-2017)

1-82. Solar energy system, self-contained: A professionally manufactured device that utilizes Solar Collector(s) to produce small amounts of power that are generated exclusively for the device. A Self-Contained Solar Energy System is typically located in areas that are not in close proximity to a utility power source. Examples of these types of Self-Contained Solar Energy Systems include, but are not limited to: light poles in parks for security or safety reasons, pedestrian street crossing signs that alert oncoming traffic of the crossing, natural resource observation systems (such as tracking flood level depths), pumps that aerate an isolated pond, and attic fans mounted on a roof that are used for ventilation purposes. (Ord. No. 30-2017, § 2, 4-18-2017)

1-83. Solar energy system, small: A professionally manufactured system accessory to the principal use that utilizes Solar Collectors to convert solar energy from the sun into thermal, mechanical or electrical energy for storage and use and is intended to primarily reduce on-site consumption of utility power. Energy produced in excess of on-site consumption may be sold back to the electric utility service provider that serves the proposed site for use with the existing energy grid. For the purposes of this Appendix B a Small Solar Energy System only includes Building Mounted Solar Energy Systems. (Ord. No. 30-2017, § 2, 4-18-2017)

1-84. Architectural Signs: An Architectural Sign shall include all Signs which are attached to a Building and have no other supporting members other than those attached to the Building. An Architectural Sign is not a freestanding Sign. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-85. Banner: See Temporary Sign. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-86. Billboard: Any single- or double-faced street graphic that is permanently fixed or placed on a particular lot and that is used for the display of messages or advertising not associated with the establishment located on said lot. A Billboard typically has provisions for changing the message/advertising thereon. Billboards shall be considered Development Complex Signs. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-87. Building Façade: The walls of a Building or any other near vertical structural element below the roof surface area(s). (Ord. No. 114-2017 , § 2, 12-19-2017)

1-88. Building Frontage: The length in feet of the ground floor level of a Building front and/or sides abutting a public right-of-way. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-89. Business Development: A Business Development is a group of two or more business establishments which: (1) share a common, onsite, parking lot, and (2) occupy a single building or occupy separate buildings which are physically attached. Business Developments include Shopping Centers. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-90. Directional Sign: A Directional Sign is any Sign identifying the direction, orientation, or location for pedestrian or vehicular traffic to an entrance, exit, drive thru, or other messages to enhance the public safety and convenience. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-91. Development Complex Sign: A Freestanding Sign or Billboard identifying a multiple-occupancy development, such as a Shopping Center or planned industrial park, which is controlled by a single owner or landlord. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-92. Electronic Message Board: A Sign with a maximum area of 150 square feet per side on which the copy or display of information or objects changes electronically, automatically or mechanically, The display on the Sign shall be limited to public service information or advertising for business(es) located on the same property as the Sign. The display of information shall be presented in a reasonable fashion and shall not flash in a manner to attract attention. The use of movements or change in lighting to depict animation, or moving scene shall be limited to such displays that take at least two seconds to complete. The use of flashing, blinking or pulsation lights to depict sudden or intense actions such as explosions, moving borders or other like actions shall be prohibited. The building official shall determine if the display complies with the regulations. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-93. Festoon Lights: A group of two or more light bulbs hung or strung overhead which are exposed to persons on a public right-of-way and which are not shaded, shielded, or hooded to prevent the direct rays of light from being visible from the right-of-way. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-94. Flashing Signs: A Sign which in total or in part has illumination which changes or intermittently flashes on arid off, or gives the appearance of changing or flashing more frequently than three second intervals. Flashing Signs do not include Time and Temperature Signs nor Electronic Message Boards. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-95. Flush Wall Signs: A Sign mounted on, attached to, or painted on the exterior of a building where the plane of the Sign surface is parallel to and no more than one foot distance from the plane of the building to which it is attached. A Flush Wall Sign is an Architectural Sign. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-96. Freestanding Sign: A Sign, supported by one or more uprights, poles, pylons, or braces placed in or upon the ground; or a Sign supported by a structure independent of the building, erected primarily for the display and support of the Sign. A Freestanding Sign is not an Architectural Sign. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-97. Illuminated Sign: A Sign which has a light source as an integral part of the Sign or which has light directed on the Sign from an external position. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-98. Lot Frontage: Any portion, piece, division or parcel of land, which abuts a public right-of-way. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-99. Maintenance of Sign: Any action, involving the painting or repair of a Sign that doesn't alter the shape, area, material, height or any other element of a Sign existing prior to the painting and/or repair of the Sign. All other actions, which result in a change in the Sign's elements, shall be considered as an erection of a new Sign. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-100. Moving Sign: Any Sign which revolves, moves, is animated or gives the visual impression of revolving, moving or animation. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-101. Off-Premise Sign: A Sign not related in its subject matter to the premises on which it is located or to products, accommodations, services, or activities on the premises. However, for businesses which no longer exist, Signs on the premises, which would otherwise conform to the provisions of this Appendix B shall not be construed to be Off-Premises Signs. Off-Premises Signs include Signs erected by the outdoor advertising industry, such as Billboards. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-102. Person: Any natural person, firm, partnership, joint venture, club, company, association, syndicate, society, business trust, organization, institution, agency, government corporation, municipal corporation, district or other political subdivision, corporation, limited liability company, proprietorship, contractor, supplier, vendor, vendee, operator, or other legal entity. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "Person" appears in any section of this Appendix B prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations or limited liability company, shall include the officers, agents or members thereof who are responsible for any violation of any provision of Appendix 33. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-103. Projecting Sign: A Sign which is suspended from or supported solely by a building or a wall of a building, and which projects from the plane of the building to which it is attached. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-104. Pylon Sign: A Sign that is supported by a structure affixed to the ground, and not supported by a building, including Signs supported by one or more columns, poles or braces placed in or upon the ground. Pylon Signs are typically used for interstate visibility and are greater than 26 feet in height. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-105. Satellite Business: A business which is part of a Business Development or Shopping Center but is located in a building separate from the main building. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-106. Shopping Center: See the definition of "Business Development." (Ord. No. 114-2017 , § 2, 12-19-2017)

1-107. Sign: An object, graphic display or device or part thereof situated outdoors or directly visible from outdoors which is used to advertise, identify, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, logos, trademarks, designs, symbols, fixtures, colors, motion, illumination, or projected images. The following shall not be considered to be Signs:

Flags of: nations, organization of nations, states, cities, fraternal, religious, and civic organizations;

Merchandise, pictures, models or products, or services incorporated in a window display;

Signs not exceeding one square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotations;

Legal notices, informational, or direction Signs erected or required by governmental bodies;

National, state, religious, fraternal, professional, and civic symbols or crest;

Decorations, clearly incidental and customarily and commonly associated with any national, local or religious holiday displayed for a period of not more than 60 consecutive days; or,

Signs painted on or magnetically affixed to vehicles that do not contain changeable letters or copy; and Signs otherwise attached to vehicles that do not exceed five square feet in area and do not contain changeable letter or changeable copy. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-108. Signs, Number of: An individual Sign shall be considered to be a single display surface or display device containing elements organized to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt of the relationship of elements, each element shall be considered to be a single Sign. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-109. Signs, Surface area of: The surface area of a Sign shall be computed as including the entire area of a regular geometric form or combination of regular geometric forms within which the Sign shape may be inscribed and comprising all the display area and including all of the elements of the matter displayed. Structural member not bearing advertising matter shall not be included in the computation of the surface area. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-110. Street Curb Line: The Street Curb Line is deemed to be located at the furthest extent of the curb structure from the center line of the street for those streets with a curb structure and the furthest extent of the street surface from the center line of the street for those streets with no curb structure. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-111. Temporary Sign: A Sign that is constructed of cloth, canvas, fabric, paper, plywood, or other light material and intended to be displayed for a short period of time. Without limitation of the foregoing, and without preclusion of any other functional Sign from being considered to be a Temporary Sign, the following Signs shall, for purposes of the Article, be deemed to be Temporary Signs:

Civic Event Signs;

Construction Signs;

Holiday Decorations;

Personal Event Signs;

Political Election Signs;

Promotional Signs; and,

Real Estate Signs. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-112. Time and Temperature Sign: A Sign whereon the date, time, and/or temperature is indicated by intermittent lighting and is limited to the numerals indicating the date, time and/or temperature. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-113. Window Promotional Sign: A Temporary Sign, viewable from the exterior of a Structure, which is attached to a window for the specific purpose of attracting attention of a passerby to a sale, or to promotional items. By temporary it is meant that a Window Promotional Sign is not intended for display for more than 90 days. (Ord. No. 114-2017 , § 2, 12-19-2017)

1-114. Banquet Facility: A room, building, or property for the purpose of hosting a party, banquet, wedding or other reception, meeting, or other social event. (Ord. 61-2018 , § 2, 7-17-2018)

1-115. Recreational Vehicle: shall mean to include every camping trailer, motor home, mini motor home, travel trailer, tent trailer, truck camper, or van camper used primarily for recreational purposes and travel. The term "Recreational Vehicle" shall also mean to include a separate unit for human habitation and which may be attached or detached to a truck or other vehicle. (Ord. No. 4-2019 , § 2, 1-15-2019)