Planning & Zoning Commission

DeKalb Municipal Building Council Chambers 200 S. Fourth St., 2nd Floor DeKalb, IL 60115 AGENDA Planning and Zoning Commission December 5, 2018 6:00 PM A. ROLL CALL B. APPROVAL OF AGENDA (Additions or Deletions) C. APPROVAL OF MINUTES 1. October 17, 2018 and November 7, 2018 D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) E. NEW BUSINESS 1. Item for Discussion - City Website Redesign 2. Item for Discussion – Miscellaneous Text Amendments to the Unified Development Ordinance. F. REPORTS G. ADJOURNMENT Planning and Zoning Commission October 17, 2018 Page 1 of 15 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION October 17, 2018 The Planning and Zoning Commission held a Meeting on October 17, 2018 at the City of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Christina Doe called the meeting order at 6:03 PM. A. ROLL CALL Recording Secretary, Christine Wang, called the roll. Planning and Zoning Commission members present were Chair Christina Doe, Katharina Barbe, Vicki Buckley, and David Castro. Commissioners Jerry Wright and Max Maxwell were absent. City staff present were Principal Planner, Dan Olson, Community Development Director, Jo Ellen Charlton, City Attorney, Dean Frieders, and Recording Secretary, Christine Wang. B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Christina Doe requested a motion to approve the October 17, 2018 agenda as presented. Ms. Barbe motioned to approve the agenda as presented. Ms. Buckley seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES September 19, 2018 – Ms. Buckley motioned to approve the minutes, Ms. Barbe seconded the motion, and the motion was approved by unanimous voice vote D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None E. NEW BUSINESS 1. Public Hearing – Amendment to the City of DeKalb 2005 Comprehensive Plan to approve a sub-area plan for the neighborhoods located in the northwest corner of the City along both sides of Annie Glidden Road – Annie Glidden North (AGN) Revitalization Plan. Community Development Director Jo Ellen Charlton provided an overview of the Annie Glidden North (AGN) Revitalization Plan and the identified needs for the community. Ms. Charlton noted that the task force identified by the Planning and Zoning Commission October 17, 2018 Page 2 of 15 Mayor and City Council and the consultant hired by the City, Camiros, had numerous meetings with members of the community. She mentioned the feedback taken was used to formulate the plan as presented. Ms. Charlton noted that there were forty-five total projects, broken into four categories of Transportation, Infrastructure, and Open Space; Community Services; Neighborhood Safety and Security; and Housing and Commercial Development. Ms. Charlton stated that the need for a public hearing on the Plan by the Planning and Zoning Commission is required because it is considered a sub-area plan and would be adopted as an amendment to the City’s 2005 Comprehensive Plan. Ms. Charlton also stated that if the Plan is adopted, only the parts of 2005 Comprehensive Plan that are in conflict to specific elements of the AGN Plan would be amended. Ms. Charlton noted that there were ten key projects identified by the task force that were most important to the AGN area. Ms. Charlton noted that these recommendations were establishing a food and education center; the creation of a Community Development Corporation (CDC); safety improvements; local transportation improvements; the creation of a Community Center Program; access to health care; creation of a Hillcrest/Blackhawk Focus Area; physical improvements to the Greek Row Area; creation of a Lucinda Focus Area; and a redesign of Welsh Park. Ms. Charlton said that the public comment period is open until October 19, 2018 and the public comment meeting held at University Village on October 10, 2018 was well attended. Ms. Charlton stated that the attendees at the meeting noted the Safe Streets Initiative has had an impact on crime in the nearby area. Ms. Charlton also noted she attended the Northern Illinois University Student Association Senate and they expressed their concerns about safety and continued integration of students in the planning and implementation process. Ms. Charlton stated that both groups were concerned that this plan may be used as a tool for gentrification. Ms. Charlton stated that any public comments regarding the AGN plan will be collected and given to City Council to consider. Chair Doe opened to public comment. Herb Rubin of 131 E. Alden Place said that he chaired the AGN Task Force and there was great community discussion and feedback. He also stated that the plan is to be utilized as a list of projects that would be helpful for the neighborhood and if a project receives funding, that project will move forward. Mr. Rubin said that what happens in the AGN neighborhood reflects the reputation of the community and of the university, and that while the focus is on AGN, the improvement of this specific community will benefit the entire City. Planning and Zoning Commission October 17, 2018 Page 3 of 15 Bessie Chronopoulos of 423 Gayle Ave stated that this project is ambitious, and echoed Mr. Rubin’s comments that the improvement of AGN will help the entire community. Ms. Chronopoulos stated that another look should be taken at the 2005 Comprehensive Plan and the UDO and that these should be tweaked to prevent any adverse effects. David Hedin of 1151 Fox Hollow said that the problems in the AGN neighborhood are not restricted to the lowering of NIU’s enrollment. He stated that he was not asked for input and his neighbors were not contacted regarding the plan. Mr. Hedin stated that it was important to not only ask the residents of AGN for input, but also the people who live adjacent to the neighborhood. Commissioner Castro said that in previous discussions he highlighted the need to look at the Comprehensive Plan. He stated he is a member of the AGN Tas Force and noted that 25% of the population of DeKalb lives in the AGN corridor study area. He said that this Plan not only impacts the AGN community, but also the entire City. He stated that though the AGN Plan is not perfect, it is good document and he is in support of approval. Commissioner Barbe said that the Plan was well written and commented that the use of similar communities helped to provide context for laypersons. Chair Doe stated that the Plan was well-written and well-constructed and easy for a layperson to understand. She said the Plan is a good start and thanked everyone who participated in the AGN Task Force and in the City for their work in the creation of the Plan. Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed. Chair Doe asked if the Commissioners had any more questions or comments. There was none. Mr. Castro made a motion to recommend to the City Council approval of an amendment to the City of DeKalb 2005 Comprehensive Plan to approve the Annie Glidden North (AGN) Revitalization Plan dated October 2018. Seconded by Ms. Buckley. A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – yes, Chair Doe – yes. Motion passes 4-0-2. Mr. Maxwell and Mr. Wright were absent. 2. Public Hearing – Petition by the City of DeKalb for text amendments to Chapter 23 “Unified Development Ordinance” of the Municipal Code to amend Article 5.14 “RC-1” Residential Conservation District of the UDO to establish a procedure and criteria for allowing single family attached dwellings having a Planning and Zoning Commission October 17, 2018 Page 4 of 15 common wall along a lot line be permitted with the approval of a special use permit. Principal Planner Dan Olson went through the staff report dated October 12, 2018 and stated the reason for the text amendment is to establish a procedure and criteria in the “RC-1” Residential Conservation District to allow single family attached dwellings having a common wall along a lot line be permitted with the approval of a special use permit. He stated this procedure currently exists in the Two-Family Residential District and the Multiple Family Residential District. Mr. Olson stated that when the RC-1 District was created in 2007, this procedure was possibly overlooked. The proposed amendments set forth certain criteria for qualifying properties if a special use permit were to be submitted. Chair Doe opened to public comment. There was none. Ms. Buckley asked if a duplex is considered as a single-family dwelling. Mr. Olson responded that there were two dwelling units in a duplex. Mr. Castro asked for clarification on the extent of the areas in the City zoned RC-1. Mr. Olson responded that there are two areas of the City that are currently zoned as RC-1, including to the north and south of the downtown. Mr. Castro asked what properties around the RC-1 district may be affected by this text amendment. Mr. Olson stated that are some duplexes in the RC-1 district that would qualify for this type of procedure, and other districts (TFR and MFR) already have this procedure. Mr. Castro asked what can be done to ensure that this procedure works for everyone. Mr. Olson responded that this is a special use permit and that there are extensive criteria that need to be adhered to. Chair Doe asked for clarification regarding a statement in the proposed amendment that an “Owners Association shall be created.” Mr. Olson responded that the two separate owners of the duplex would have to create an Owner’s Association that would cover how things are maintained in terms of the common wall and other provisions. Chair Doe asked who would monitor that. Mr. Olson stated that the document would have to be reviewed by the City and recorded, however it would be a private agreement between the two parties. Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed. Chair Doe asked for further questions/comments by Commissioners. There were none. Ms. Barbe motioned based upon the submitted petition and testimony presented to recommend to City Council approval of text amendments to Chapter 23 “Unified Development Ordinance” of the Municipal Code to Amend Article 5.14 “RC-1” Residential Conservation District of the UDO to Planning and Zoning Commission October 17, 2018 Page 5 of 15 establish a procedure and criteria for allowing single family attached dwellings having a common wall along a lot line be permitted with the approval of a special use permit as indicated on Exhibit A of the staff report. Seconded by Mr. Castro. A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – yes, Chair Doe – yes. Motion passes 4-0-2. Mr. Maxwell and Mr. Wright were absent. 3. Public Hearing – Petition by Fant Family, LLC, represented by Gary Lothson, for a special use permit to allow the resubdivision of a “RC-1” Residential Conservation 1 zoned lot into two single-family attached lots located at 801- 803 S. 2nd St; Final Plat of Fant’s First Division. Gary Lothson of 17852 S. First St said that the Fant’s, who own a two-family duplex lot on the subject site would like to divide the lot into two single-family- attached zero-lot-line lots. Mr. Olson went over the staff report dated October 12, 2018 and stated the proposed special use complies with all provisions of the application regulations off the RC-1 District. He added the proposed resubdivision would create two lots that will meet the 25-foot minimum lot width and the 3,500 square-foot minimum lot size requirements of the RC-1 District. Mr. Olson stated that the proposed special use is compatible with the residential uses found in the surrounding neighborhood and will not dominate the immediate area. Mr. Olson noted a nearby resident, Alberta Berkes of 726 S 2nd Street, contacted the City and indicated her support for the proposal. He noted the owner also obtained several signatures from neighbors indicating their support of the request and they are provided in the Commissioner’s packet. Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed. Chair Doe asked if the Commissioners had any more questions or comments. Mr. Castro asked for clarification regarding the reference to the City Attorney’s “review” in item 1 in Exhibit A. It was noted the language should be to “approve” instead of “review”. Mr. Castro made a motion to recommend to the City Council approval of a special use permit to allow the resubdivision of a “RC-1” Residential Conservation District zoned lot into two single-family attached lots in accordance with Article 5.14.07 of the Unified Development Ordinance for the property located at 801-803 S. 2nd St. and approval of the Final Plat of Fant’s Second Division dated June 12, 2018 subject to the conditions as indicated on Exhibit A of the staff report. Seconded by Ms. Barbe. Planning and Zoning Commission October 17, 2018 Page 6 of 15 A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – yes, Chair Doe – yes. Motion passes 4-0-2. Mr. Maxwell and Mr. Wright were absent. 4. Public Hearing – Petition by Fant Family, LLC, represented by Gary Lothson, for a special use permit to allow the resubdivision of a “TFR” Two-Family Residential zoned lot into two single-family attached lots located at 722-724 Grove St.; Final Plat of Fant’s Second Division. Gary Lothson of 17852 S. First St said that the Fant’s, who own a two-family duplex lot on the subject site would like to divide the lot into two single-family- attached zero-lot-line lots in order to allow the individual sale of each unit. Mr. Olson went over the staff report dated October 12, 2018 and stated the subject property is zoned “TFR” Two-Family and the proposed special use complies with all provisions of the application regulations off the TFR District. He added the proposed resubdivision would create two lots that will meet the 25-foot minimum lot width and the 3,500 square-foot minimum lot size requirements of the TFR District. Mr. Olson stated that the proposed use is compatible with the residential uses found in the surrounding neighborhood and not dominate the immediate area. He noted citizen response forms from Mark Wilson of 730 Grove St. and Joseph and Dora Casurella of 716 Grove St. were received and both indicated their support of the request. Mr. Olson noted the owner also obtained several signatures from neighbors indicating their support of the request and they are provided in the Commissioner’s packet. Mr. Castro asked if this property was a corner lot. Mr. Olson responded that it was not. Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed. Ms. Buckley made a motion to recommend to the City Council approval of a special permit to allow the resubdivision of a “TFR” Two-Family Residential zoned lot into two single-family attached lots in accordance with Article 5.03.06 of the Unified Development Ordinance for the property located at 722-724 Grove St. and approval of the Final Plat of Fant’s First Division dated June 6, 2018 subject to the conditions as indicated on Exhibit A of the staff report. Seconded by Ms. Barbe. A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – yes, Chair Doe – yes. Motion passes 4-0-2. Mr. Maxwell and Mr. Wright were absent. Planning and Zoning Commission October 17, 2018 Page 7 of 15 5. Public Hearing – Petition by Pete Occhipinti, represented by Mark Johnson, and West Suburban Bank, as Trustee under Trust no. 12128, owner, for approval of a special use permit for residential apartments over a ground floor commercial use in the “LC” Light Commercial District for property located at 1015 Blackhawk Road. Mark Johnson, law office located at 321 W. State St., #1200 in Rockford, IL, stated that he was representing the property owners, Pete Occhipinti. He summarized that the request for a special use for 22 dwelling units to be approved over existing commercial and commented that the staff report (dated October 12, 2018) outlining all the issues were received a few days ago. Mr. Johnson stated that he believes, based on the application, that his applicant was only required to provide schematic plans. He stated that he had requested pre-application meetings with the City and had been denied an opportunity to meet. Mr. Johnson indicated he had been granted a meeting, but that the meeting was pointless because the City had no questions for them. He stated that he asked to have another meeting leading up to the Planning and Zoning Commission meeting so that he could discuss what comments that might be on the plans but instead only received the comments five days before the meeting. Mr. Johnson requested that the Commission continue the hearing to another date so that the architect would have an opportunity to address the comments in the staff report. Mr. Johnson also noted that some of the comments were silly, specifically noting that the comment about the lack of a fence detail on the plans was a minor issue and could be easily amended on the plans. Mr. Johnson reiterated his request that the Commission continue the hearing. City Attorney Dean Frieders stated that the City received a very similar plan that was reviewed by the Commission in 2016, which included the same, similar, or identical deficiencies as the current plan. He indicated this shows a lack of intent by the applicant to address deficiencies in the current plan. Mr. Frieders mentioned that the applicant did request a meeting in June 2018, which the City Attorney, Community Development Director, Principal Planner, and Economic Development Planner made available and attended. The meeting was also attended by the applicant, his attorney, realtor, and architect. Mr. Frieders said at the meeting, the applicant was given an opportunity to present the project, and that City staff asked questions about the plans, including the ability of the structure to support additional floors of development above a faulty first floor. The applicant and his architect disagreed on the level of modification to the building that would be necessary to support the residential portion on the upper level. Mr. Frieders stated that the City did not persist with questions after that disagreement. Mr. Frieders stated that the accusation that numerous requests for meetings had been rejected is incorrect, as in addition to the earlier meeting. He stated he received an e-mail requesting a meeting on October 2, 2018. From Mr. Planning and Zoning Commission October 17, 2018 Page 8 of 15 Johnson. Mr. Frieders added that he responded in less than two hours asking what Mr. Johnson and Mr. Occhipinti would like to meet about and when. Mr. Frieders stated that there was no response from Mr. Johnson until Friday (October 12, 2018), when an intent to request to continue was stated. Mr. Frieders noted that the requirements for a special use are clearly outlined in the UDO and it is the applicant’s responsibility to provide documentation that shows the project meets the minimum requirements. He stated that it is not the responsibility of City staff to correct plans for an applicant or to go through the UDO to advise how the plans would need to be updated. Mr. Frieders advised that the Commission has the ability to consider granting a continuation and noted that although this case was based on its own merits, the Commission made findings on a very similar proposal in the past, and that many of the same deficiencies exist in the current plan. Mr. Frieders recommended that the Commission should not grant the continuation and noted that the petitioner clearly stated in the application that there were no variations needed. Community Development Director Jo Ellen Charlton went through the staff report dated October 12, 208 and stated that the subject property has suffered a partial roof collapse on the south end of the building and has been vacant for several years. She added that the City has requested documentation regarding the load-bearing capacity of the structure and has not yet been provided with that documentation. Ms. Charlton noted that the building is non-conforming in several respects including the northwestern corner of the building, which is not greater than 30 feet from the adjacent residential zoned property. Additionally, the eastern setback is not greater than 40 feet from Blackhawk Road as required by the UDO. Ms. Charlton noted that while the UDO does allow for expansion of buildings, however it must still conform to the requirements of the UDO and must not expand any dimensional nonconformity. Ms. Charlton stated that the building setback is measured to a part of the building that is west of the portico in the plans submitted, but the setback should instead be measured to the face of the portico. She said that the actual building footprint, layout, and related plans clearly show that the second and third floors extend over the portico and into the required setback area and therefore violates the UDO. Ms. Charlton also stated that when a lot abuts a residential district, a 30-foot minimum setback is required, and the existing building setback in that area are as little as 11.9 feet according to the applicant’s plat. She noted that regarding maximum site coverage, the information was not provided and therefore staff cannot determine compliance. Ms. Charlton said that the south elevation building height shows 45 feet and 4 inches, which exceeds the 45-foot maximum building height in the UDO. Ms. Charlton stated that according to the UDO, the “LC” Light Commercial District conditions state that a principal building may not exceed 25,000 square feet in gross floor area and that the plans submitted contain Planning and Zoning Commission October 17, 2018 Page 9 of 15 almost double that amount. She noted that no variations were requested by the applicant and the landscape plan was insufficient to meet provisions of the code and that the screening requirement for commercial next to residential was not met. Ms. Charlton noted that the screening requirement regarding rooftop mechanicals and garbage dumpsters was also not met as details were not provided to show compliance. Ms. Charlton explained to the Commission that the parking was not in compliance as the plan does not reflect pavement setbacks and therefore it is not possible for staff to determine where adequate parking can be provided in accordance with the UDO regulations. She mentioned the parking setback along Hillcrest Dr. is not a minimum of 10 feet in accordance with the UDO and a 30-foot minimum buffer between the parking lot and the west property line is not shown. Ms. Charlton also stated the proposed parking lot is smaller than the minimum requirements in the UDO. She added that no loading spaces are shown on the plan which is needed for a grocery store or light commercial use, and therefore not possible to determine compliance. Ms. Charlton noted that the compact vehicle space requirement is met, but the setback does not meet the UDO requirement and therefore staff cannot adequately determine if there is compliance. She noted that the submitted photometric plan shows a different parking layout, and the light standards are shown in locations that would interfere with proposed drive aisle and parking spaces. Ms. Charlton also said that the frontage does not meet the UDO requirements for landscaping adjacent to Blackhawk Rd. and Hillcrest Dr. She stated the landscaping shown for the interior parking lot areas are not in compliance with the UDO. Additionally, the central north/south island and some of the end islands in the existing plan are not a minimum of nine feet as required and therefore not compliant. Ms. Charlton noted that the parking layout was not compliant as additional aisle width and turning radii are required for emergency vehicles. She also mentioned the plan provides only one way for south and west bound traffic movements around the east and south sides of the building. She said that this would be difficult for emergency vehicles entering the site and maneuvering. Ms. Charlton stated that other details were not provided for staff to determine compliance for requirements such as bicycle parking and shopping cart corrals. Additionally, she noted that with the non-compliant parking lot design staff cannot determine if minimum parking requirements are being met. She also stated that according to the UDO, non-conforming buildings may be maintained but cannot be expanded unless the expansion conforms to the UDO requirements. She added as the second and third floor addition extend up at the same non-conforming setbacks on the east and west sides of the building, the plan does not comply with the UDO. She said that the City’s Chief Building Official reviewed the plans and some of the variations to the Planning and Zoning Commission October 17, 2018 Page 10 of 15 code included providing no lobby or other means for accessing the other retail uses designated in what was previously the theater areas, a lack of corridors and bathrooms, and that there was no elevator shown. Ms. Charlton stated in the examination of the special use standards the proposal does not comply with all the provisions of the applicable district regulations. She said that as the application stands, it does not meet the UDO requirements. She also noted that it cannot be determined if the proposed special use will not have a detrimental effect to the value of other properties and pointed out that the existing building has suffered long-term neglect and a roof collapse. Ms. Charlton noted that the proposed use of materials is not consistent with the building and character of the surrounding area, and the location and size of the special use is not compatible with the neighborhood. She also stated that the proposed special use is non-conforming in relation to setbacks to the adjacent residential property. She continued by noting the special use standard regarding adequate utility, drainage, and other such necessary facilities was not met as the plan did not provide these details nor did the applicant verify any of them. She mentioned the proposed plan does not prove the project can be constructed in accordance to the setback and parking requirements of the UDO. Ms. Charlton stated that the staff was not provided professionally prepared signed and sealed reports to verify the safety and security of the building and again noted the extended vacancy and lack of maintenance of the building. Ms. Charlton went over the history of the property and noted that the City had passed a text amendment in 2013 to “LC” District to require dwelling units over the ground level to be a special use. The applicant had filed a lawsuit against the City regarding the text amendments claiming they were not property notified of the change, however the lawsuit was dismissed based on the applicant’s failure to satisfy administrative remedies. She said that in 2017, the applicant filed a second lawsuit and alleged that he did not receive procedural due process regarding his property. Ms. Charlton said that it was dismissed in Circuit Court and that the Court had ruled the applicant had received full due process. The appellate court affirmed the Circuit Court ruling and the LC zoning of the property was properly entered. Ms. Charlton noted that a third lawsuit against the City is currently pending and that the applicant alleges that the City bears responsibility for damage to the structure that accrued while the roof collapse was open, but she also noted that this was not related to the zoning of the property. Ms. Charlton stated that City staff’s time and money were used to process this application and recommended that “be denied” should be added to the end of the sample motion provided in the staff report. Chair Doe opened the hearing to public comment. There was none. Public comment – none Planning and Zoning Commission October 17, 2018 Page 11 of 15 Ms. Barbe noted that this property was mentioned in the Annie Glidden North Revitalization Plan and agreed that the property is blighted and is disappointed that the owner did not take advantage of the opportunity to redevelop the site. She questioned whether the applicant could submit another application that met the criteria. Ms. Charlton explained the UDO does not have a waiting period for submittal of new applications if denied. Ms. Buckley stated that she wants the community to be business-friendly but was disappointed by the plan at this point and that the applicant had not provided everything that was needed. She said that she would love to see something happen on this property but understood that this was not possible if all the information was not provided. Mr. Castro noted that there was a discrepancy between Mr. Johnson’s testimony about requesting meetings multiple times and the City Attorney’s response. Mr. Frieders reiterated that he responded to Mr. Johnson’s request to meet on October 2nd within two hours but did not hear back from Mr. Johnson until this past Friday (October 12th). Mr. Frieders also noted that the two of them had talked about this property as part of the currently ongoing court proceedings, and that because of those meetings, there was no ongoing request to meet. Mr. Castro further questioned whether it was fair to deny a continuation of the hearing. Mr. Frieders responded further by noting that as a part of the Principal Planner’s ongoing requests to get better documentation, the applicant informed the City that he was not going to provide additional documentation. For example, in response to providing a document showing the location and condition of public utilities, the applicant provided an aerial printout from the City’s GIS site. He added that when the City requested more detailed documentation or verification, the applicant stated he was not going to submit further documents. Mr. Frieders also noted the City questioned whether the applicant wanted to apply for any variations and was told that the he was not seeking any variations, even though the plans were similar to the plans submitted two years ago and those plans had included variations. Chair Doe asked for clarification regarding the phrase “no relief” in the staff report. Ms. Charlton stated that the applicant did not request any variances and that a special use with variances is sometimes referred to as “relief”. Mr. Frieders also stated that applications are submitted under the assumption of compliance with the UDO. Mr. Johnson responded that when he requested the meeting on October 2nd, he had not received any feedback at that time and did not know whether plans were satisfactory or not. He stated that had he known the concerns as outlined in the staff report, they could have worked with the architect to remove the portico, increase setbacks and do other things to address the concerns raised. Mr. Johnson said that his client wants to see something happen on this property and wants to invest and build a nice project. He Planning and Zoning Commission October 17, 2018 Page 12 of 15 noted that the recommendations of the AGN Plan showed a proposal that was denser than his client’s proposal. He commented that no one has ever approached his client about any planning efforts and reiterated his request that the matter be continued so plans can be revised and resubmitted. Ms. Buckley asked whether it is incumbent on an applicant to go through the UDO to identify compliance. Mr. Frieders responded that where staff has an applicant who submits a petition and plan, this is the procedure that is followed. He noted that in this case, the applicant was clear that he was submitting for a special use, and did not request any variations, despite the plans being similar to the previous plans submitted which included several variations. He commented that a better approach, given the complexity of the project, would be to request planned development zoning. Mr. Frieders and Ms. Charlton noted that given the unwillingness of the owner to even provide structural details on the stability of the roof and a special use application that indicated no variations, staff went forward with what was submitted. Ms. Buckley asked what the disadvantage would be to not granting a continuance. Mr. Frieders responded that even if an effort was made to revise the plans, there would still be multiple variations that could not be addressed. He added that any plans that would come back would likely be more than what a special use permit could authorize. Mr. Frieders stated that a new plan would likely require a new application, revised plans, and a new public hearing. Chair Doe questioned what would happen if the Commission recommended denial, but the City Council wanted to recommend approval. Mr. Frieders stated that the Council could direct the petition back to the Commission or the Council could make their own conditions of approval. He further commented that if the Council wanted to approve the project, the applicant would need to provide or request amending the findings of fact that would consistent with an approval. Ms. Buckley asked for clarification regarding the procedure for resubmission. Mr. Frieders indicated that it would likely come as a petition for rezoning. Mr. Castro indicated that he would recommend denial of the petition. Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed. Ms. Barbe asked if the denial of this petition would mean that this issue is closed. Ms. Charlton responded that the applicant can choose to work with the staff to re-file the application and a redo of the process. Chair Doe stated that this property needs something to happen but that procedures need to be followed. She stated that the property was a good place when it was occupied but is vacant now and needs to be redeveloped correctly and that safety is the primary concern. Ms. Buckley stated that if this petition is denied and if the Council denies this petition, she encourages the applicant to resubmit and complete all required documentation. Mr. Occhipinti indicated he believed the Planning and Zoning Commission October 17, 2018 Page 13 of 15 petition was complete. Chair Doe reiterated that she needs safety assured and that she does not want to endanger the public or the owner. She further encouraged the owner to submit a proper application that takes everything into consideration. Chair Doe stated that the Commission cannot in good conscience approve an application does not have complete documentation. Mr. Castro made a motion based on the submitted petition, staff report, and testimony presented that the Planning and Zoning Commission adopt the findings for special uses enumerated in the October 12, 2018 staff report to the DeKalb Planning and Zoning Commission regarding the Special Use Permit for 1015 Blackhawk Road and recommend to the DeKalb City Council that the requested special use permit be denied. Seconded by Ms. Buckley A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – yes, Chair Doe – yes. Motion passes 4-0-2. Mr. Maxwell and Mr. Wright were absent. 6. Item for Public Discussion – Petition by MCJ Investments-Green Circuit for approval of a special use permit for a solar garden proposed to be located in unincorporated DeKalb County and within the City of DeKalb’s 1 ½ mile planning jurisdiction for the site located along the south side of Twombly Road, approximately 1,300 feet west of Annie Glidden Road with an address of 1400 Twombly Road (Suburban Apartments) Brett Robinson with Green Circuit stated that he worked with the City on the deficiencies in their plan and noted that it was not unreasonable and that the City was easy to work with. He stated that this was a nice project that would fit into the AGN plan and is within the purview of the City. Ms. Charlton went through the staff report dated October 12, 2018 and stated staff recommends support for the project subject to the conditions listed in the report. She said that Mr. Robinson indicated agreement with the conditions that the City is recommending, including a re-platting of the site per the City’s request. Ms. Charlton stated that while the location of the existing storm sewer is not provided, the applicant agreed to grant an easement if it does not fall within the 80 feet right of way to be dedicated along the west property line. She also noted that if the existing drainage easement exists, it may be necessary to extend the easement to the far south property line if it falls outside the 80 feet right-of-way to be dedicated. Regarding the platting language, Ms. Charlton said that the property will remain unincorporated unless future actions by the owner or the City necessitate annexation. Ms. Charlton also stated that an agreement between the owner and the City is necessary that stipulates the owner will remain responsible for maintenance of the right-of-way and will need to provide liability until such time as the City improves the right-of-way with roadway improvements. The Planning and Zoning Commission October 17, 2018 Page 14 of 15 applicant confirmed that they would continue to maintain the property. Ms. Charlton also stated appropriate signage and a barrier will be provided at the south end of the eastern right-of-way dedication. She added that while the water and fire hydrants do not connect to city water service, the Dekalb Fire Department does provide service. She stated the Department determined that there was adequate water flow and pressure at the site. Regarding access, Ms. Charlton said that hard surface pavement instead of gravel should be used for access anywhere outside the fenced area, which the applicant has agreed to provide. Inside the fenced area, she mentioned gravel access will be provided for the low-intensity use and will include a T-Type turn around at the west end. Ms. Charlton stated that staff had asked for verification that the amount and pattern of drainage will not be altered on the site, and the applicant confirmed there would be not substantial changes due to the use of permanent plantings and maintenance of the existing drain tiles. She also said that the setback on the west side of the solar facility should be no closer to the new 80-foot right- of-way than the County’s setback requirement or 25 feet, which the applicant agreed to. Finally, Ms. Charlton stated that staff requested additional screening in two areas, which the applicant has agreed to and will augment with evergreen plantings. Mr. Castro thanked staff for working out the remaining issues with the applicant. Ms. Barbe stated that she was glad this project is coming to the City and that there is a need for more renewable energy. Chair Doe asked about potential additional landscape screening and asked where the landscaping would go. Ms. Charlton responded that it would be within 80 feet and the evergreens and would be in the 25-foot setback area. She stated the trees would be in the parkway of the 80-foot right-of-way. Chair Doe stated that this was a good opportunity to work alongside the County and appreciated the fact that the County gave additional time to the City to work out issues with the applicant. Chair Doe asked if the Commissioners had any more questions or comments. Ms. Barbe made a motion based on the applicant’s submittal and agreement to enter into a binding agreement with the City of DeKalb that the Planning and Zoning Commission recommend to the City Council that the City Council recommend to the DeKalb County Hearing Officer and County Board that the applicant’s request for a solar farm as outlined in DeKalb County Case DK 18-32 be approved, subject to the owner’s execution of an agreement with the City of DeKalb that requires conformance to the “Conditions of Approval” as outlined in Section IV “Conclusions and Recommendations” of the staff report for the Planning and Zoning Commission’s October 17, 2018 meeting. Seconded by Ms. Buckley. Planning and Zoning Commission October 17, 2018 Page 15 of 15 A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Castro – yes, Chair Doe – yes. Motion passes 4-0-2. Mr. Maxwell and Mr. Wright were absent. F. REPORTS Mr. Olson mentioned the next Planning and Zoning Commission meeting will be Wednesday, November 7th, and there are three public hearings scheduled. He stated that the special use permit for the digital sign for the Hillcrest Covenant Church and the rezoning for Adventure Works along Sycamore Road were passed at the October 8th City Council meeting. Mr. Olson thanked the Commission for their time and attention to the petitions tonight recognizing it was a long agenda. G. ADJOURNMENT Ms. Barbe motioned to adjourn, Ms. Buckley seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 8:33 pm. Respectfully Submitted, Christine Wang, Recording Secretary Minutes were approved by the Planning and Zoning Commission on December 5, 2018. Planning and Zoning Commission November 7, 2018 Page 1 of 9 MINUTES CITY OF DEKALB PLANNING AND ZONING COMMISSION November 7, 2018 The Planning and Zoning Commission held a Meeting on November 7, 2018 at the City of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Christina Doe called the meeting order at 6:02 PM. A. ROLL CALL Recording Secretary, Christine Wang, called the roll. Planning and Zoning Commission members present were Chair Christina Doe, Katharina Barbe, Vicki Buckley, Max Maxwell, and Jerry Wright. Commissioner David Castro was absent. City staff present were Principal Planner, Dan Olson, Community Development Director, Jo Ellen Charlton, and Recording Secretary, Christine Wang B. APPROVAL OF THE AGENDA (Additions/Deletions) Chair Christina Doe requested a motion to approve the November 7, 2018 agenda as presented. Ms. Barbe motioned to approve the agenda as presented. Ms. Buckley seconded the motion, and the motion was approved by unanimous voice vote. C. APPROVAL OF MINUTES October 3, 2018 – Ms. Buckley motioned to approve the minutes, Mr. Maxwell seconded the motion, and the motion was approved by unanimous voice vote D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record) None E. NEW BUSINESS 1. Public Hearing – Petition by Cornerstone DeKalb LLC, represented by John Pappas, for approval of amendments to Ordinance 2017-011 to add additional service facilities to the list of permitted commercial uses in Article II.C of the Ordinance up to 2,000 square feet and also requesting the maximum square footage allowed for “Professional Service Offices” in the Ordinance to be increased from 1,000 square feet to 2,000 square feet for 106, 112, 118, and 124 E. Lincoln Highway and 122 S. 1st St. (Cornerstone DeKalb) Planning and Zoning Commission November 7, 2018 Page 2 of 9 Principal Planner Dan Olson went over the staff report dated November 2, 2018 and noted that the Planned Development Ordinance (2017-011) for Cornerstone DeKalb that was approved on February 27, 2017, which included allowing three categories of permitted commercial uses. These uses included retail uses, including minor incidental services accessory to retail uses; restaurants and retail food establishments, including bars that maintain service of food; and professional service offices with not more than 1,000 square feet of the available commercial square footage permitted to be utilized for this purpose. He stated that approving the proposed amendments would allow additional space for service uses in the building, which would help bring additional foot traffic to the area and provide services for the residents of the building. He noted that there was ample retail space available in the downtown area, so the location of service uses in the part of the ground floor would not take up space that is in high demand for retail use. Chair Doe opened the floor to public comment. There was none. Ms. Buckley asked if this proposal would change anything on the upper floor or if it was limited to the ground floor. Mr. Olson responded that it would be just the ground floor with no changes to the upper floors. Chair Doe referred to the proposed amendment to the Ordinance regarding the change from 1,000 to 2,000 square feet professional service offices and asked for clarification. Mr. Olson stated that there would be two categories of service facilities, the “professional service offices” would be more legal and medical offices and other service uses would cover uses such as beauty shops and nail salons. He also clarified the maximum square footages that would be allowed with the proposed amendments. Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed. Mr. Wright asked a question regarding service facilities in Exhibit A, item 4. Mr. Olson responded that the service facilities are in addition to the professional service facilities as listed in the Planned Development Ordinance for Cornerstone. Mr. Maxwell made a motion based upon the submitted petition and testimony presented that the Planning and Zoning Commission recommend to the City Council approval an amendment to Ordinance 2017-011 to add to the list of permitted commercial uses in Article II.C of the Ordinance the following uses up to 2,000 sq. ft. of the available commercial space: “Services facilities including barber shops, beauty shops, nail salons, copying services, artists’ studios, photographers, tailors, music and dance instruction, suntan parlors, travel agencies, and other similar service facilities with determination of what constitutes a similar service facility being made by the City Manager.”; and to approve the maximum square footage allowed for “Professional Service Planning and Zoning Commission November 7, 2018 Page 3 of 9 Offices” in Article II.C of the Ordinance be increased from 1,000 sq. ft. to 2,000 sq. ft. for the subject property located at 106, 112, 118 and 124 E. Lincoln Highway and 122 S. 1st St. as outlined in Exhibit A of the staff report. Seconded by Ms. Barbe. A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Maxwell – yes, Mr. Wright – yes, Chair Doe – yes. Motion passes 5-0-1. Mr. Castro was absent. 2. Public Hearing – Petition by Plaza DeKalb LLC, represented by John Pappas, for approval of amendments to Ordinance 2017-036 to add additional service facilities to the list of permitted commercial uses in Article II.C of the Ordinance up to 2,000 square feet and also requesting the maximum square footage allowed for “Professional Service Offices” in the Ordinance be increased from 1,000 square feet to 2,000 square feet for 203, 209, 223 and 229 E. Lincoln Highway (Plaza DeKalb) Principal Planner Dan Olson went over the staff report dated November 2, 2018 and noted that similar to Cornerstone, the Planned Development Ordinance (2017-036) for Plaza DeKalb that was approved on August 14, 2017 had three categories that were permitted for commercial uses. These included retail uses; grocery stores, restaurants, and retail food establishments; and professional service offices with no more than 1,000 square feet of the available commercial space. Mr. Olson noted that there was no change proposed to the upper levels of the building. He also noted that the approval of the proposed amendments will allow for some additional space for service uses in the building, and that the service uses would help bring additional foot traffic to the area and provide services for the residents of the building. Mr. Olson said that the City staff recommended approval of the proposed amendments. Chair Doe opened up to public comment. There was none. Ms. Barbe stated that the numbering of the buildings was confusing and asked for clarification. Mr. Olson responded that the addressing was done by the GIS Planning Technician with the City in consultation with the Fire Department and that it is common to leave a gap of numbers in addressing in case future tenants or apartments are added. Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed. Mr. Maxwell made a motion based upon the submitted petition and testimony presented that the Planning and Zoning Commission recommend to the City Council approval an amendment to Ordinance 2017-036 to add to the list of permitted commercial uses in Article II.C of the Ordinance the following uses Planning and Zoning Commission November 7, 2018 Page 4 of 9 up to 2,000 sq. ft. of the available commercial space: “Services facilities including barber shops, beauty shops, nail salons, copying services, artists’ studios, photographers, tailors, music and dance instruction, suntan parlors, travel agencies, and other similar service facilities with determination of what constitutes a similar service facility being made by the City Manager.”; and to approve the maximum square footage allowed for “Professional Service Offices” in Article II.C of the Ordinance be increased from 1,000 sq. ft. to 2,000 sq. ft. for the subject property located at 203, 209, 223 and 229 E. Lincoln Highway as outlined in Exhibit A of the staff report. Seconded by Ms. Buckley. A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Maxwell – yes, Mr. Wright – yes, Chair Doe – yes. Motion passes 5-0-1. Mr. Castro was absent. 3. Public Hearing – Petition by SV CSG South DeKalb 1 and 2 LLC for approval of a zoning map amendment from the “HI” Heavy Industrial District to the “PD-I” Planned Development – Industrial District and approval of a Planned Development Preliminary Plan for the development of two, 2 megawatt community solar gardens (North side of Gurler Rd., 500 feet east of S. 1st St.) Bill French from SunVest Solar Inc, 25 N. River Lane, Geneva, IL 60134 on behalf of James Planey, said that he is requesting a zoning map amendment from the “HI” District to the “PD-I” District, and approval of a PD preliminary plan for the development of two megawatt community solar gardens. Mr. French stated that the Illinois General Assembly passed the Future Energy Jobs Act in an effort to encourage solar energy production in the state and gave further background information about solar energy production in the state. Mr. French said that community solar projects have many benefits to the consumer and that users would contract directly with the developer. Mr. French gave more specific information on the project and stated that the subject property is currently being used as agricultural. He stated that according to the 2005 Comprehensive Plan, the subject property is designated as “Light Industrial.” Mr. French stated that the project plan is to have a 3-lot subdivision and rezone the property from existing “HI” Heavy Industrial to PD-I Planned Development – Industrial. There would be two 2 megawatt solar arrays on two parcels and a future industrial lot on the third parcel. He stated that there would be a roadway dedication along Gurler Road and South First Street with a 20-foot utility easement for future expansion along Gurler. He also added that a water main extension to the west side of the proposed access on Gurler Road will be completed. He stated that he is requesting waivers from the UDO to install a seven-foot chain-link safety fence around the perimeter of the solar facilities, a waiver for streets, sidewalks, and subdivision design, and Planning and Zoning Commission November 7, 2018 Page 5 of 9 a waiver from the requirements to install lighting. He also stated that he is requesting a waiver from landscape requirements of all perimeter yards as landscaping is being provided along Gurler Road and adjacent to the existing residence to the west of the site. Mr. French noted the existing conditions as well as the preliminary plat. He described the general project and stated that it would be located on about 26 acres of the property. Each 2 MW array would have 11-12 acres allocated and that there would be an access drive from Gurler Road into the project to reach the equipment pad just inside the fence. He stated that there would be three additional utility poles installed at the southeast part of the site for the interconnection to the existing ComEd distribution system and there would be a 60 feet buffer yard along Gurler Road. Mr. French also indicated there would be a 100-foot buffer yard to the existing residence to the west, a 7-foot chain-link fence around the perimeter of the solar panels, and landscape screening. The landscape plan contains a continuous row of ornamental trees along Gurler Road and would provide landscape screening to the residence to the west of the subject site. Mr. French also stated that there would be a native prairie pollinator seed mix around the solar arrays, which would be attractive and is low maintenance. Mr. French explained the racking system will consists of steel piling I-beams driven approximately 8-15 feet into the ground. He stated that the rows for the fixed solar installation run from east to west, and the solar panels will face south. Spacing between the rows will be 16-18 feet and installation will take about 8-12 weeks. He indicated that the ground will be seeded after construction to eliminate erosion and weeds. Regarding maintenance, Mr. French stated that panels will be maintained twice a year for inspection and cleaning. He said that 1 MW of solar power can power 200 homes. As there are no buildings or lighting on the site, as well as no moving parts, minimal sound emission, and the maximum panel heights around 9.5 feet, maintenance will be easy. Mr. French noted that operations and maintenance will be done remotely via computer connection. Mr. French stated that a property value impact study from Cohn-Reznick indicated that were no measurable adverse impacts on property values of properties adjacent to solar gardens. He also stated that the economic benefits of this project would earn an estimated additional property tax revenue of $35,854 per year for a 4 MW project, with minimum impact on the City of DeKalb services. He stated that there are no other special considerations being requested from the City. Mr. French stated that community solar garden projects provide businesses or residents an opportunity to subscribe to solar projects in different capacities. He also indicated that while the project is not completely silent, it is very quiet. Planning and Zoning Commission November 7, 2018 Page 6 of 9 Mr. Olson went over the staff report dated November 2, 2018 and noted the UDO does not have community solar garden provisions, which justifies the rezoning request to a planned development. He stated that the layout of the site with the setbacks from the center line of Gurler Road and that they are requesting an additional 50-feet from the right-of-way. Mr. Olson went over the waivers to the UDO that were being requested. Mr. Olson stated that the City is not requiring the extension of the watermain along Gurler Road or S. 1st St. at this time, but that looping the watermain along those streets would be required once the industrial portion of the site is developed. He stated that the developer agreed to secure 50% of the installation costs for a 16” watermain across the subject property’s frontage along Gurler Road with annual payments to be determined and agreed to by the City and developer prior to final City Council action. Mr. Olson said that landscaping is proposed along Gurler Road and adjacent to the residential property to the west. The electrical cables are buried throughout the project areas, but six new 40-foot-tall overhead utility poles are proposed along Gurler Road at the southeast portion of the site. Mr. Olson stated that the applicant is also seeking waivers in the UDO to fencing, lighting requirements, landscaping, and streets, sidewalks, and subdivision design. Mr. Olson noted that according to the standards of rezoning in the UDO, the proposal conforms to the Comprehensive Plan and that the applicant has indicated the site has been marketed for almost 20 years and there has been little interest by industrial users. Mr. Olson said that the proposed rezoning conforms to the intent and purpose of the UDO as re-zoning of the subject site to the PD-I District will allow the project to comply with the regulations of the UDO except for the previously mentioned waivers. Mr. Olson stated that the proposed zoning and land use are consistent and compatible with the surrounding area and Comprehensive Plan. The proposed use is a renewable energy source that will be a benefit to the City and to the area. He stated that the “PD-I” District will allow the property to be used in a manner that will be compatible with the surrounding area and consistent with the Comprehensive Plan recommendations. Mr. Olson noted that there was one citizen response form from Elisheva Beller of Oak Properties Limited Partnership. He indicated the applicant contacted Ms. Beller and answered all her questions. Chair Doe opened to public comment. Chair Doe asked if Ms. Beller if she has any further questions or comments. Ms. Beller had none. Mr. Maxwell asked where the electricity would be going back into the grid. Mr. French responded that there is an existing three-phase line that runs along the north side of Gurler Road. Mr. Wright asked about the environmental impact and if there were any history of problems or difficulties that people may run into or have seen in the past. Mr. French responded that the panels Planning and Zoning Commission November 7, 2018 Page 7 of 9 are monocrystalline panels with silicone in between the glass. All materials are inert, so it would not leach. He stated that he was not currently aware of any environmental issues that would occur on the panels beyond the property. Mr. Wright asked how long the panels have been used. Mr. French responded that these have been in place across US for the last 20 years. Mr. Wright also asked about the noise. Mr. French responded that there is a small amount of noise in the day and none at night. Chair Doe asked about any potential blockage of the road given the placement of the property and Gurler Road and the commercial vehicles going on the road, and the school (St. Mary’s) down the road. She asked if the timing of buses dropping off students or construction on the site would block the road or cause traffic issues. She also asked if Mr. French would work with the school and City to minimize impact during school times or for residents. Mr. French indicated that he would work with them to minimize impact and come up with a plan. Chair Doe stated that the construction timeframe will not be long but for the time of construction, the impact should be minimized. James Planey, who owns the parcel in question, stated that most trucks get off I-88 onto Peace Rd, and that they can be coordinated to go on S. First St to avoid the school. Ms. Buckley asked about the posts on the frames and what they are coated with to prevent rust. Mr. French stated they are galvanized steel. Mr. Maxwell asked if there would be any milkweed in the prairie seed mix to get back monarch butterflies. Mr. French indicated that there would be milkweed in the seed mix. Mr. Wright asked about the relationship between the community solar garden and ComEd. Mr. French stated that the relationship is implemented and managed by the Illinois Power Agency. The Agency procures electricity and sets rate barriers. He stated that if the applicants exceed the 333 MWs by 200%, there will be a lottery and if they are selected, they will sign a contract and apply for renewable energy credit. Chair Doe noted that this could possibly power 200 homes and asked if a large company wanted to utilize the garden, could they be eligible. Mr. French stated that they would be eligible, but only up to 40% of the output. He said that this project is to encourage small business owners and homes to use solar energy. Mr. Planey also stated that electricity in apartment buildings is also included in the target usage. Chair Doe asked to clarify that an apartment building owner that pays for the electricity of the building would be eligible, and individual tenants that pay for their electricity would be eligible to apply. Mr. French stated that this was the case. Chair Doe asked when the community would know when this becomes available. Mr. French indicated that it was an open solicitation to DeKalb and Sycamore. Chair Doe also asked about scammers on the phone and messaging from the City. Jo Ellen Charlton said that staff can put out press releases with information. Mr. Planning and Zoning Commission November 7, 2018 Page 8 of 9 Maxwell asked that if everyone in the ComEd system is eligible, and Mr. French indicated that they were. Ms. Elisheva Beller, who is the manager of Oak Properties, had a question regarding the extension of watermain down S. 1st St. next to their property (2805 S. 1st St.). She mentioned they are currently unincorporated but asked when the watermain would be extended in the future. Mr. Olson stated that the watermain would be extended once the industrial portion of the subject site is developed. Ms. Beller also asked about plans for solar panels once their useful life is up. Mr. Olson stated that they would likely have to do a resubdivision and amended plan and that it would come back up to the Commission. Chair Doe gave one more opportunity for the public to speak. There was none, and the public hearing was closed. Mr. Maxwell made a motion based upon the submitted petition and testimony presented that the Planning and Zoning Commission forward its findings of fact and recommend to the City Council approval of a zoning map amendment from the “HI’ Heavy Industrial District to the “PD-I” Planned Development – Industrial District and approval of a Planned Development Preliminary Plan for the development of two, 2 megawatt community solar gardens on lots 1 and 2 and industrial uses on lot 3, as shown on the Preliminary Plat, per the standards of the “HI” Heavy Industrial District of the UDO and approval of waivers to Article 7.06 Fences, Article 10.05 Lighting Requirements, Article 12.04 Landscape Requirements and Article 9 Streets, Sidewalks and Subdivision Design of the UDO for the subject property per the Planned Development Plans and Development Standards listed in Exhibit A and subject to all staff comments being addressed prior to final City Council action as listed in Exhibit B with the provision that coordination be made with St. Mary’s School for construction and for adding a 25 foot easement to the west side of the property as per Exhibit B, item 17. Seconded by Barbe. A roll call vote was taken. Ms. Barbe – yes, Ms. Buckley – yes, Mr. Maxwell – yes, Mr. Wright – yes, Chair Doe – yes. Motion passes 5-0-1. Mr. Castro was absent. F. REPORTS Mr. Olson mentioned the next Planning and Zoning Commission meeting will be Wednesday, November 21st, however since it’s the day before Thanksgiving, the meeting is planned to be cancelled. He added the next meeting after that is December 5th. Mr. Olson said a new PZC member was appointed by the Council and his name is Ron Klein and he will be joining the Commission for the December 5th meeting. Mr. Olson concluded by mentioning at the last City Council meeting, the Council approved the solar farm on Twombly Road and was forwarded to the hearing officer at Dekalb County. He stated that the hearing at Planning and Zoning Commission November 7, 2018 Page 9 of 9 the County was continued to November 15th and will go to County Board after that. G. ADJOURNMENT Ms. Barbe motioned to adjourn, Ms. Buckley seconded the motion, and the motion was approved by unanimous voice vote. The meeting adjourned at 7:17 pm. Respectfully Submitted, Christine Wang, Recording Secretary Minutes were approved by the Planning and Zoning Commission on December 5, 2018.  City of DeKalb Planning and Zoning Commission DATE: November 30, 2018 TO: Planning and Zoning Commission Members FROM: Dan Olson, Principal Planner SUBJECT: Discussion – City Website Redesign The City is scheduled to undergo a basic redesign of the City’s website in 2019. In preparation, the City Manager’s Office and the Information Technology Department have begun efforts to collect feedback on the current website that can be incorporated into the redesign. Several community forums have been held and more are scheduled to solicit resident feedback. IT Director Marc Thorson and Management Intern Jason Blumenthal have asked the Staff Liaisons of each of the Boards, Committees, and Commissions of the City to set aside a portion of one of their meetings to discuss the content of the website and possible new designs. Marc and Jason will be at Wednesday’s PZC meeting to present the project and solicit feedback from the Commission. The agenda used at the community forums is attached and will be used as a guide for Wednesday’s meeting. Please take some time to go through the City’s website at https://www.cityofdekalb.com/, particularly the Community Development Department’s page. In addition, there are five other communities’ websites listed on the agenda that you are encouraged to review. There is also a brief website user survey available online where you can provide feedback. The site is: https://www.surveymonkey.com/r/C5FTBJS  Website Refresh Community Forum Agenda 1. Introductions a. Marc Thorson – Information Technology Director b. Jason Blumenthal – Management Intern 2. Website Refresh Overview a. Background b. CivicPlus c. Time Frame 3. Civic Plus comparison websites a. Below is a list of websites that use different formats of Civic Plus Sites • Portland, Maine - https://www.portlandmaine.gov/ • Riley County, Kansas - http://www.rileycountyks.gov/ • Oak Hill, Tennessee - https://oakhilltn.us/ • Berea, Ohio - https://www.cityofberea.org/ • Elgin, Illinois - https://www.cityofelgin.org/ 4. Discussion a. What do you like? b. What do you not like? c. What other suggestions do you have? d. How do you get your information about the City? e. How would you prefer to get your information about the City? 5. Summary and Survey a. If you haven’t already, please complete this survey https://www.surveymonkey.com/r/C5FTBJS b. If you found these meetings informative and productive, please tell your friends and neighbors to attend future meetings.  City of DeKalb Planning and Zoning Commission Staff Report DATE: November 30, 2018 TO: Planning and Zoning Commission Members FROM: Jo Ellen Charlton, Community Development Director Dan Olson, Principal Planner SUBJECT: Discussion - Text Amendments to the Unified Development Ordinance GENERAL INFORMATION: The staff wanted to bring forward to the Planning and Zoning Commission some possible text amendment to the Unified Development Ordinance (UDO) for further discussion. REVIEW AND ANALYSIS: Article 7.06 - Fences The current fence regulations in the UDO are not specific regarding which materials are acceptable. Fences are broken down between “Open Fence” (Min. - 50% open) and “Privacy Fence”. Regulations regarding maximum height and allowable locations for fences are based on the type of fence proposed. It is suggested that a list of acceptable materials for fences or the list of prohibited materials be expanded and added to the UDO. Fence materials such as chicken wire or snow/construction fencing is something we probably want to prohibit in the code. The UDO does have regulations regarding barbed wire fencing and it does prohibit electrified fencing. Article 7.12 – Traffic Access and Impact Studies The UDO regulations have requirements and criteria for when a traffic study must be conducted including a minimum threshold for peak hour trips. There are also other criteria listed that if met can trigger a traffic study. Staff is proposing that the language requiring the City Council to approve the go head for traffic studies, with a recommendation from the Public Works Director, be changed to the City Engineer. A reference to a requirement that the City have the latest copy of the Institute of Traffic Engineers (ITE) report entitled “Traffic Access and Impact Studies for Site Development” should be removed. This requirement should be the responsibility of the applicant of the development project. Article 12.03(1) – Construction Requirements for Parking Lots and Driveways The UDO standards currently allow Portland Cement Concrete or Bituminous Concrete (asphalt) for acceptable materials for parking lots and driveways. The staff has looked at alternate materials such as permeable paving (concrete pavers) on private property in various applications. Residents have requested to use this material for their driveways/storage areas or for part of their driveways. Staff has worked with the City Engineer and have come up with some draft language allowing such material (see attached). In single and two-family applications, its recommended that we would require 3” concrete pavers over a minimum of 4” of clean crushed stone base with an allowable additional 1” of fine setting material. This specification meets the parking requirements for “hard surface”, but also allows for water permeation and accommodates an eco-friendlier option. Standards regarding the color/tone of the pavers are also included in the language with discretion provided to the Community Development Director. Additional standards apply for higher intensity multiple family and commercial uses, and owners required to meet stormwater requirements will have a choice to allow the benefits of permeable pavers to count toward their requirement if they meet certain engineering standards. At this time, we are recommending pavers not be allowed in the “parkway” areas, between the curb and the sidewalk. This is because if the City ever had to do utility work in those areas, we would bear greater costs restoring the pavers. Article 12.04 – Landscaping Requirements for Parking Lots In addition to the minimum number of trees and shrubs required in yards adjoining a street, the UDO also requires berms or decorative screening in these yards to help buffer the parking lot. Staff is suggesting this requirement be modified so that there is an option to either provide the shrubs or berming for smaller sites. Some infill development site may not have adequate area to provide a berm or may not fit within the streetscape of the area. Article 13 – Signs Content Neutral Signage A U.S. Supreme Court case in Arizona in 2015 (Reed v. Town of Gilbert, 135 S.Ct. 2218) clarified when municipalities may impose content-based restrictions on signage. In that case, the town of Gilbert, AZ had adopted a new sign ordinance in 2005. Under the sign ordinance, most outdoor signs required a permit, although there were several types of signs that were exempt from permit requirements, but subject to other regulations. Ideological signs (containing a message for Page |2 noncommercial purposes), political signs and temporary directional signs relating to a special event conducted by a non-profit organization all had different regulations regarding maximum size and the time they could be erected. The ordinance imposed stricter limitations on signs advertising religious services than signs that displayed "political" or "ideological" messages. When the City cited a local church for violating the ordinance, the church filed a lawsuit in which they argued the town's sign regulations violated its First Amendment right to the freedom of speech. The case worked its way to the US Supreme Court and the Court held that the ordinance was in fact content-based restriction, since the regulations were specifically based on the content of the signs. Signs with political content followed one set of restrictions, while signs with ideological content followed a different set of restrictions. Based upon the conclusion that the restrictions were content- based, the Supreme Court applied the highest level of review, being “strict scrutiny”. Under strict scrutiny, the town was required to demonstrate that the sign code furthered a compelling governmental interest and the regulations were narrowly tailored to that end. In essence, the town was required to demonstrate that there was not a less restrictive means of accomplishing their objectives. The town argued that its regulations were necessary to protect public safety and ensure aesthetics. This was ultimately inadequate to properly defend the ordinance, which was held to be unconstitutional. In response to the 2015 Supreme Court decision, in 2017 the town of Gilbert adopted a revised sign code (a copy of which is attached). Under the revised sign code, there are not any content-based restrictions. However, many of the sign regulations are now less descriptive and require greater staff review to determine appropriateness based upon the evaluation of enumerated lists of factors to be considered in the location and design of signs. Also of note, the sign ordinance does not distinguish between commercial and noncommercial signs, allowing both to be placed with equal privilege and subject to the same standards. Even with the decision in this case, there are still many different sign-related regulations that can be imposed, including regulations on the size and location of signs, their lighting, construction, visibility, frequency and proximity to other signs, and a myriad of other topics. However, the process of updating a sign ordinance to comply with applicable constitutional requirements is not as straightforward as it was prior to 2015. The City of DeKalb’s current sign code includes some permitted regulations (e.g. prohibitions on locating private signs in the public right of way), but also includes content that is likely unconstitutional. For example, the sign code includes regulations applicable to church, school or public building signs that are different from those permitted for contractors, in all zoning districts. Political signs are regulated differently from project construction signs or directional signage. Temporary signs are regulated completely differently based on the type of advertisement being made. Page |3 While the City Council has had discussions regarding the potential to engage in greater enforcement of the sign code, it is suggested that from a legal perspective, it would be preferable to update the code to ensure its constitutionality prior to undertaking enforcement efforts. Separate from the legal concerns associated with the current provisions of the sign code, there are practical need for updates. As drafted, the current sign code includes a number of restrictions that are difficult to understand. Some provisions of the current sign code are relatively limiting and onerous in their application. There are several miscellaneous text amendments to the UDO regarding signage that we are recommending at this time in addition to the need to make it a content neutral code. Below are some of the most notable changes suggested: • The current regulations do not cover wall signs for non-residential uses located on residential zoned property. Its recommended to add wall sign regulations for residential zoned properties similar to what is allowed for commercial properties, which is a maximum of one time the lineal foot of the building frontage upon which the sign is fixed. • The UDO currently allows churches, schools and public buildings one identification sign that does not exceed 50 sq. ft. and 15 feet in height. It is recommended that the language be amended remove the content-based nature of the regulation and allow more than one ground sign if the lot has more than one street frontage similar to what is currently allowed for ground signs in the commercial zoned districts. • Allow electronic changeable copy signs (digital display signs) in limited situations without having to go through a special use permit process. The City has recently approved special use permits for electronic changeable copy signs for Littlejohn School, Hillcrest Covenant Church and in the past signs for DeKalb High School (2009), First Midwest Bank at 130 W. Lincoln Highway (2012) and Bemis Toyota (2016). The suggested limitations would include a maximum size, percentage maximum that the digital display sign can take up of the overall sign and operational limitations similar to what was imposed on the recent approvals for Littlejohn School and Hillcrest Covenant Church. • Increase the size allowed for signs under gas station canopies from a max. of 10 sq. ft. to 12 sq. ft. and increase the number of allowed signs from two to three. Recent approvals of gas stations/convenience stores at Casey’s and Mobil (1st St. and Hillcrest Dr.) reflected that our regulations were overly restrictive. • Amend the landscaping requirements at the base of pole signs in Article 13.07.01(5) so they would only apply for larger signs or when the bottom of Page |4  the sign is over a certain height above the ground. Requiring landscaping around smaller signs is unreasonable and may lead to eventual blocking of the sign by the landscaping if not properly maintained. • Allow limited off-site directional signage for residential/commercial subdivisions over a certain size. • There is conflict between the maximum size allowed for window signs that needs to clear. One section of the code restricts window signs to a maximum of 40% of the window pane and another section restricts neon signs in windows, but allowed only up to 25% of the window area. Article 18 - Appeals and Variances Staff is recommending that the references to the Board of Appeals in the Article be changed to the Planning and Zoning Commission. The Commission is acting as the Board of Appeals in relation to variances and conducts hearings and makes final decisions. It is also recommended to replace Chief Building Official with Community Development Director regarding the appeals process outlined in the Article. Language is also recommended to clarify what variances can be applied for. Limiting variances to items such as setbacks, maximum building height, site coverage, landscape buffer requirements and fence height are recommended. SUMMARY/RECOMMENDATION: No official action or motion is required. Staff asks the Commission to provide comments per the discussion items in the memo. With the Commission’s input and authorization, staff will prepare and process a text amendment application and public hearing notice, which would allow for additional public comment via the hearing process. Final authority to amend any regulations regarding the UDO rests with the City Council. Page |5  ARTICLE 12 OFF-STREET PARKING, LOADING AND STORAGE REQUIREMENTS 12.01 Purpose and Intent It is the purpose of these off-street parking and loading regulations to reduce the congestion on the streets due to excessive use for parking and loading of motor vehicles, to provide for appropriate areas for vehicle parking, loading and storage of motor vehicles and other vehicles and trailers, and to assure that said areas are compatible with the intent and purpose of the underlying zoning districts. Further this Ordinance is intended to improve the appearance of said off-street parking, loading and storage areas and protect and preserve the appearance, character and value of the surrounding properties and streets by providing for the installation and maintenance of landscaping, screening and buffering. 12.02 Applicability 1. For every use, activity or structure permitted by this Ordinance, and for all buildings or structures erected in accordance therewith, there shall be provided sufficient space for access and off-street standing; parking; circulation; unloading and loading of motor vehicles that may be expected to transport their occupants, whether as patrons, residents, customers, employees, guests or otherwise, to an establishment, activity or place of residence at any time under normal conditions for any purpose. When a use is expanded or changed, accessory off-street parking and loading shall be provided in accordance with the regulations herein for the area or capacity of such expansion or change, and including that which would be required for the previously existing uses, structure or activity. 2. These off-street parking regulations shall not apply to any use of new buildings or structures, or any existing principal building or structure which is enlarged or increased in capacity after the adoption of this Ordinance, when located with the area bounded as follows: a. A tract of land situated in the City of DeKalb, County of DeKalb, State of Illinois, said tract bounded as follows: Beginning at a point where the centerline of the right-of-way of First Street crosses the centerline of the right-of-way of Oak Street; thence Easterly along said centerline of Oak Street to a point where said centerline of Oak Street crosses the centerline of Seventh Street; thence Southerly along the said centerline of Seventh Street to a point where the said centerline of Seventh Street crosses the centerline of Grove Street; thence Westerly along said centerline of Grove Street to a point where said centerline of Grove Street crosses the centerline of Second Street; thence Northerly along said centerline of Second Street crosses the Southerly right-of-way line of the Chicago and Northwestern Railroad; thence Westerly along said Southerly right-of-way line of said railroad to a point where said Southerly right-of-way line crosses the centerline of First Street; thence Northerly along said centerline of First Street to the point of beginning. This provision in no way effects required off-street loading spaces. 3. These off-street parking regulations shall not apply to any use of new buildings or structures, or any existing principal building or structure which is enlarged or increased in capacity after the adoption of this Ordinance, when located with the area bounded as follows (1995-074): 12-1  a. A tract of land situated in the City of DeKalb, County of DeKalb, State of Illinois, said tract bounded as follows: Beginning at a point where the centerline of the right-of-way of First Street crosses the centerline of the right-of-way of the former Chicago and Northwestern (now Union Pacific) Railroad right-of-way, thence easterly along the centerline of said railroad right-of-way to a point where said centerline intersects with the centerline of Second Street, thence southerly along said centerline of Second Street to a point where it intersects with the centerline of Grove Street, thence easterly along the centerline of said Grove Street right-of-way to the intersection with the centerline of the right-of-way of Fifth Street, thence southerly along said centerline of the right-of-way of Fifth Street to a point where said centerline intersects with the centerline of the right-of-way of Franklin Street, thence westerly along said Franklin Street right-of-way centerline to the point where said centerline intersects with the centerline of the First Street right-of-way, thence northerly along said First Street centerline to the point of beginning. b. Within the above described area, the number of private off-street parking spaces existing on or before the effective date of this ordinance shall not be reduced. c. This provision in no way effects required off-street loading spaces. 4. Prior to the issuance of a building or grading permit for a parking area, driveway, storage area or loading area, a site plan shall be submitted in accordance with Article 17, “Site Plan Review Requirements.” 12.03 Design and Locational Requirements 1. Construction Requirements – Commercial/Industrial/Multi-unit Residential (excluding townhome units with individual direct access to the street): Loading areas, parking lots, driveways, access ways and any other areas on which motor vehicles are parked or stored, or which are used for motor vehicle circulation, or used for the storage or parking of any other vehicle and/or trailer, shall be constructed with of either a Portland cement Cement concrete Concrete, or bituminous Bituminous concreteConcrete, or Concrete Pavers, which materials shall conform to the specifications (if applicable) contained in the most recent edition of the Standard Specifications for Road and Bridge Construction, adopted by the Illinois Department of Transportation. The above materials shall meet the following minimum requirements: Portland Cement Concrete: Six (6) inches thick of PCC pavement, over six (6) inches of gravel or crushed stone base (CA-6). Bituminous Aggregate Mixture: Six (6) inches thick. Bituminous Concrete: Eight (8) inches of gravel or crushed stone base (CA-6) with two Two and one-half (2-1/2) inches of bituminous concrete surface, over eight (8) inches of gravel or crushed stone base (CA-6). Concrete Paver: 3 inch unit depth, over a minimum of eight (8) inches of clean crushed stone base with an allowable additional two (2) inches of fine setting material. a. Aesthetic Design of Concrete Pavers Paver color/tone shall be traditional ranges of red, gray, or brown and should coordinate with adjacent streetscaping; unless approved in writing by the Community Development Director. 12-2  b. Permeable Design of Concrete Paver 1. Permeability of design is NOT required in order to allow paver use in general. However, if storm water runoff reduction is desired, the design/construction shall meet the following requirements. 2. Permeable pavers can be used where the underlying in-situ subsoils have an infiltration rate of 0.5-3.0 inches per hour; underdrains and pipe discharges may be provided to achieve suitable hydrologic site conditions. 3. Permeable pavers will be used in applications where the pavement receives tributary runoff primarily from impermeable areas. The ratio of the contributing impermeable area to the permeable paver surface area should be no greater than 3:1. 4. A minimum of 2 feet of clearance is required between the bottom of the base course and underlying bedrock or the seasonally high groundwater table. 5. Permeable pavers should be sited at least 10 feet down gradient from buildings and 100 feet away from drinking water wells. 6. The stone aggregate used should be washed, crushed stone, 0.75-1.0 inches in diameter with a void space of about 40%. A porosity value (void space/total volume) of 0.32 should be used in calculations. 7. The base course must have a minimum depth of 8 inches. The following equation can be used to determine if the depth of the base course layer needs to be greater than the minimum depth to accommodate hydrologic storage: 𝑉𝑉 𝑑𝑑 = 𝐴𝐴𝐴𝐴 Where: d = Base Layer Depth (feet) V = Total Volume to be Infiltrated A = Surface Area (square feet) n = Porosity (use n = 0.32) 8. For permeable paver applications, the large size of the No. 57 aggregates creates an uneven surface when compacted. To provide a smooth and level surface for the placement of the pavers, a bedding course of ASTM No. 8 crushed aggregate is placed and compacted into the No. 57 open-graded base. The thickness of the No. 8 bedding layer should not exceed 2 inches prior to compaction. 9. All of the materials need to be clean, washed material with less than 1-2% passing the No. 200 sieve. 2. Construction Requirements – Single Family and Two Family Structures in Single Family and Two Family Residential Districts: Driveways, access ways and any other areas on which motor vehicles are parked or stored, or the storage or parking of any other vehicle and/or trailer, shall be constructed of either Portland Cement Concrete, Bituminous Concrete, or Concrete Pavers, which materials shall conform to the specifications (if applicable) contained in the most recent edition of 12-3  the Standard Specifications for Road and Bridge Construction, adopted by the Illinois Department of Transportation. The above materials shall meet the following minimum requirements: Portland Cement Concrete: Four (4) inches of PCC pavement, over six (6) inches of gravel or crushed stone base (CA-6). Bituminous Concrete: Two (2) inches of bituminous concrete surface, over six (6) inches of gravel or crushed stone base (CA-6). Concrete Paver: 3 inch unit depth, over a minimum of four (4) inches of clean crushed stone base with an allowable additional one (1) inches of fine setting material. a. Aesthetic Design of Concrete Pavers Paver color/tone shall be traditional ranges of red, gray, or brown and should coordinate with adjacent streetscaping; unless approved in writing by the Community Development Director. b. Permeable design encouraged, but is NOT considered for individual stormwater runoff parcel impacts. 2.3. Vehicular Access and Circulation: a. An off-street parking, loading or storage facility shall be provided with an appropriate means of vehicular access (conforming to Chapter 6 of the Municipal Code of the City of DeKalb) to an improved street or alley which will least interfere with traffic and pedestrian movements. Such facilities shall be designed to avoid motor vehicles backing onto or into streets, alleys or sidewalks. Existing curb cuts, curb cut radii and driveways across public right-of-way shall only be used if they comply with the applicable standards for new curb cuts, curb cut radii and driveways. b. Such facilities shall be so designed, maintained and regulated so that no parking (including parking or stopping of vehicles in loading spaces) or maneuvering incidental to parking shall be on any public street, walk or alley. c. The location of any entrance or exit for any off-street parking area shall be as approved by the City Engineer or his/her designee. d. All parking lots shall be striped and marked to provide a visible indicator of the most effective way of parking and moving all vehicles. All striping and marking shall be approved by the City Engineer or his/her designee. e. Vehicular traffic to, from and within an off-street parking or loading area shall be controlled by appropriate traffic control signs, surface markings and curb islands. All parking areas which will, in the opinion of the City Engineer or his/her designee, generate a high volume of traffic movement shall have its entrances clearly marked and designated as to direction of traffic flow or other conditions of use of the access driveway by the use of low-profile signs. Such signs shall not exceed five (5) feet in height, nor six (6) square feet in area in commercially zoned areas or six (6) feet in height, nor twelve (12) square feet in area in industrially zoned areas (1993-070). Such signs shall be placed on private property outside the public right-of-way. There shall not be more than two (2) such signs for each entrance or exit. Such parking areas may also necessitate the preparation of a traffic access and impact study as provided for in Section 7.12, Article 7, “Supplementary District Regulations.” 12-4 3.4. Drainage: Proper drainage and grading shall be provided for all parking lots to dispose of all runoff water. In no case shall drainage be allowed to drain across any public sidewalk within a public right- of-way. For any parking area in excess of five (5) spaces or any loading area in excess of 2,500 square feet, all runoff water shall be discharged via an appropriate storm sewer or other approved drainage system. All storm drainage facilities shall be designed using the “Rational Method” for a storm of a minimum of a ten (10) year frequency. Storm sewer calculations shall accompany all systems designs in excess of the above noted minimum parking or loading area and shall be in accordance with Article 11, “Floodways, Floodplains, Stormdrainage and Erosion.” 4.5. Location of Parking Facilities: Location of required off-street parking shall be provided on the same parcel of land occupied by the use or building to which it is appurtenant, except as provided for in paragraph “b” below. In the event that there are practical difficulties in satisfying the requirement for parking space and/or if the public safety or convenience would be better served by another location, the Council may authorize an alternate location by ordinance through approval of a plat, plan, special use permit, rezoning or other formal action. If parking is to be located elsewhere than on the lot which the principal use is located, then the “off-site” property occupied as parking shall be in the same possession (either by deed or by long-term lease which has a term equal to or exceeding the projected life or term of lease of the facility) as the owner of the principal use. Furthermore, the owner of property used for off-site parking shall be bound by covenants filed on record in the Office of the County Recorder, requiring the owners, heirs or assigns to maintain the required number of off-street parking spaces during the existence of such principal use utilizing the property for parking. a. For residential dwelling units, community residences, fraternities and sororities, group homes, lodging houses and rooming houses, parking shall be provided on the same lot with the building they are required to serve. For the purpose of this requirement, a group of those uses constructed and maintained under single ownership or management shall be considered to be on a single lot or parcel of land; b. For all other uses, parking shall be provided on the same lot or parcel of land as the building they are required to serve, or on a separate lot or parcel of land not more than three hundred (300) feet from the nearest entrance to the principal building being served, provided the lot or parcel of land is located in a zoning district that allows the parking lot, either as a permitted or special use, and otherwise in compliance with this Ordinance. 5.6. Setbacks of Parking Facilities: a. Notwithstanding other requirements of this Ordinance, and except for parking associated with single-family and two-family residential districts, all parking areas and driveways may be located in a required front yard, side yard or rear yard provided that a minimum five (5) foot setback be maintained between the parking area and the property lines, and a minimum ten (10) feet setback shall be maintained between the parking area and the street right-of-way line. The interior boundary of such parking area setback shall be defined with six (6) inch concrete curbing or other curbing material approved by the City Engineer. However, in no instance shall a parking lot be located in a required buffer area. 1) Exception: Where the proposed parking area will be located within the side yard or front yard adjacent to a similarly zoned property and where internal access will be provided between the two properties, the five (5) foot side-yard setback requirement shall not apply. 2) Exception within the “CBD,” Central Business District: Where the proposed parking area is on property zoned “CBD” Central Business District, the setback may be reduced in width 12-5  in accordance with Article 12.04, paragraph 5, and if, in the opinion of the City Engineer, the parking lot is designed so that no portion of any vehicle, when parked, will project across adjacent property or into adjacent public rights-of-way. b. No loading space or vehicle storage areas shall be closer than fifty (50) feet to any property in a residential district unless said space is completely enclosed by a building or separated from the adjacent property by a building, or an extension of the building wall. No loading space or vehicle storage area shall be located within any area where parking is prohibited by this Ordinance. c. Within the residential zoning districts, no motor vehicle, recreational vehicle, camper, trailer or similar vehicle shall be permitted to be parked anywhere on the lot unless said vehicle is parked upon a driveway. Said driveway and its use shall conform to all of the following standards: 1) The driveway shall not be wider than forty (40) percent of the width of the lot on which the driveway is located or thirty-six (36) feet, whichever is less; 2) The driveway shall not cover more than forty (40) percent of the required front yard setback area; 3) The driveway shall be constructed with materials as provided for in Article 12.03, paragraph 1 of this Ordinance; 4) The driveway shall access an adjacent street with an appropriate curb cut as determined by the City Engineer or his/her designee; 5) In all instances, no vehicle shall park so as to have any portion of said vehicle located within five (5) feet of an adjacent street right-of-way; and 6) In all instances, no vehicle shall park so as to reduce the open width of any driveway giving access to a building containing more than two (2) dwelling units or in a structure that requires a rooming house license which restricts traffic flow to less than fourteen (14) feet. d. Within the residential zoning districts, no motor vehicle, recreational vehicle, camper, trailer, or similar vehicle may be stored anywhere on the lot unless stored inside an enclosed building or on an approved surface constructed of materials in compliance with Article 12.03, paragraph 1, of this Ordinance. Further access shall be provided to this storage area via an approved driveway constructed of an approved surface constructed of materials in compliance with Article 12.03, paragraph 1, of this Ordinance. No such vehicle shall be stored in a front yard. For the purposes of this Article, “stored” shall mean “parked” without being moved for a period of thirty days or more. This Article shall apply regardless of whether the vehicle is licensed, unlicensed, operable or inoperable. 6.7. Compact Vehicle Parking Space Allowance: For multiple family developments (including rooming houses, fraternities, sororities and dormitories), off-street parking spaces shall conform to the size required for full-sized vehicles (see Section 12.06 of this Article). However, not more than twenty five (25) percent of the spaces for vehicles may be reduced in size for compact vehicles, provided that, in as much as possible, such smaller spaces are located in a single contiguous area that is clearly marked as being for small or compact vehicles only. These compact parking spaces shall be no less than seven (7) feet, six (6) inches wide (for all space angles) and an equivalent 12-6  perpendicular depth of seventeen (17) feet. Aisle widths shall be in accordance with the specifications contained in Section 12.06 of this Article 7.8. Lighting Requirements: See Article 10, “Utilities,” Section 10.05. 12.04 Landscape Requirements It is the purpose and intent of these regulations to provide adequate protection for contiguous property against undesirable effects caused by the creation and operation of parking and loading areas, and to protect and preserve the appearance and character of the surrounding neighborhoods through the screening effects and aesthetic qualities of such landscaping, and to provide shade for parking and to visually and physically break up major expanses of asphalt into a more human scale. As such, all parking and loading areas for any uses other than single family homes (attached or detached) or duplexes, constructed after the date of this Ordinance, shall be properly screened and landscaped as hereinafter described. 1. Definitions: For purposes of this Ordinance, landscaping shall mean living green plants in combination of trees and either shrubs or ground cover, all of which are defined as follows: a. Deciduous trees having, at the time of planting, not less than a two and one-half (2-1/2) inch caliper measured on the trunk six (6) inches above the ground; b. Ornamental trees having, at the time of planting, not less than one and one-half (1-1/2) inch caliper measured on the trunk six (6) inches above the ground; c. Evergreen trees having, at the time of planting, a height of not less than four (4) feet; d. Shrubs having, at the time of planting, a height of not less than two (2) feet; e. Ground cover which includes grass, ivy, juniper, wood mulch, decorative or aggregate rock, or other approved pervious surfaces. 2. All parking lots, loading, storage and maneuvering areas for any uses other than single family homes (attached or detached) or duplexes shall comply with these regulations. These landscaping regulations shall apply to single family or two-family homes located in other than a residential zoning district, if the property is also occupied by another principal use otherwise required to comply with these regulations. a. Landscape Plan Required: The engineered site plan (required per Article 17) and/or Planned Development plan for any parking lot required to include landscaping as provided herein, shall also include a landscape plan. The landscape plan is subject to the approval of the Community Development Director. The landscape plan shall be prepared by a State of Illinois Registered Landscape Architect, Landscaping Design/Build firm or similar Landscape Professional, and shall include the following: 1) The plan shall be based upon engineered site plan and shall be prepared at the same scale as the site plan. 2) The plan shall show the location and dimensions of all existing vegetation, existing and proposed structures, parking lots, drives, loading storage and maneuverings areas, roadways and right of way, sidewalks, bike paths, signs, refuse disposal areas, easements, locations of underground utilities (existing and proposed), locations of easements, and all other information otherwise required on the engineered site plan. 12-7  Town of Gilbert, AZ Article 4.4 Sign Regulations Sections 4.401 Purposes and Intent 4.402 Title and Authority 4.403 Exempt Signs 4.404 Prohibited Signs 4.405 Sign Plans and Sign Program 4.406 Review of Sign Applications for Permanent Signs 4.407 General Provisions for Signs 4.408 Temporary Signs 4.409 Permanent Signs 4.4010 Residential Zoning Districts 4.4011 Nonresidential Uses in Residential Zoning Districts 4.4012 Commercial Zoning Districts 4.4013 Heritage Village Center Zoning District 4.4014 Office Zoning Districts 4.4015 Employment Zoning Districts 4.4016 Public Facility/Institutional 4.4017 Sign Maintenance 4.4018 Nonconforming Signs 4.4019 Sign Violations 4.4020 State Preemption 4.4021 Severability 4.401 Purposes and Intent It is the purpose of this Article 4.4 to promote the public health, safety and general welfare through reasonable, consistent and non-discriminatory sign standards. The sign regulations in this Article are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the adverse secondary effects of signs. The sign regulations are especially intended to address the secondary effects that may adversely impact aesthetics and traffic and pedestrian safety. The sign regulations are designed to serve substantial governmental interests and, in some cases, compelling governmental interests such as traffic safety and warning signs of threats to bodily injury or death. This Article is not intended to extend its regulatory regime to objects that are not traditionally considered signs for purpose of government regulation. In order to preserve and promote the Town of Gilbert as a desirable community in which to live, visit, work, play and do business, a pleasing, visually attractive and safe environment is of foremost importance. The regulation of signs within the Town is a highly contributive means by which to achieve this desired end. Further it continues to be the purpose of this Article 4.4 to promote optimum conditions for serving sign owners’ needs and respecting their rights to identification Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 1  Town of Gilbert Land Development Code while balancing the aesthetic and safety interests of the community. The regulation of signs within the Town of Gilbert is necessary and in the public interest, and these regulations have been prepared with the intent of enhancing the visual environment of the Town and promoting its continued well- being, and are intended more specifically to: A. Aesthetics. To maintain and enhance the beauty, unique character, aesthetic environment, and quality of the Town of Gilbert, that will attract commerce, businesses, economic development, residents and visitors; to preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all zoning districts of the Town; to regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the Town and that complements the natural surroundings in recognition of the Town’s reliance on its natural surroundings and beautification efforts in retaining economic advantage for its community; and to assure that the benefits derived from the expenditure of public funds for the improvement and beautification of streets, sidewalks, public parks, public rights-of-way, and other public places and spaces, are protected by exercising reasonable controls over the physical characteristics and structural design of signs. B. Traffic and Pedestrian Safety. To maintain and improve traffic and pedestrian safety through properly located signs; to regulate signs in a manner so as to not interfere with, obstruct the vision of, or distract motorists, bicyclists or pedestrians; to allow for traffic control devices consistent with national standards and whose purpose is to promote roadway safety and efficiency by providing for the orderly movement of road users on streets and roadways, and that notify users of regulations and provide warning and guidance necessary for the safe, uniform and efficient operation of all elements of the traffic stream; C. Economic Development. To promote economic development and the value of non- residential properties, through sensitivity to surrounding land uses and maintaining an attractive community appearance. D. Effective Communication. To encourage signs which are clear and legible; to encourage the effective use of signs as a means of communication; E. Historical Character. To emphasize small town historical character by promoting pedestrian oriented and appropriately scaled signage in the Heritage Village Center Zoning District; F. Identification of Goods and Services. To aid the public and private sectors in identifying the location of goods and services. G. Compatibility with Surroundings. To allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs; to preclude signs from conflicting with the principal permitted use of the site and adjoining sites; and to minimize the possible adverse effect of signs on nearby public and private property; Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 2  Town of Gilbert Land Development Code H. Reduction of Visual Clutter. To reduce visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic; I. Zoning District Considerations. To encourage and allow signs that are appropriate to the zoning district in which they are located; J. Scale, Integration and Design. To establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains; to foster the integration of signage with architectural and landscape designs; to provide flexibility and encourage variety in signage, and to relate signage to the basic principles of good design; and to promote the use of signs that positively contribute to the aesthetics of the community, are appropriate in scale to the surrounding buildings and landscape, and advance the Town’s goals of quality development; K. Maintenance and Safety. Except to the extent expressly preempted by state or federal law, to ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and to protect the public from unsafe signs; L. Property Values. To protect property values by precluding, to the maximum extent possible, sign types that create a nuisance to the occupancy or use of other properties as a result of their physical characteristics such as their size (area), height, number, illumination and movement; and to protect property values by ensuring that the number of signs are in harmony with buildings, neighborhoods, and conforming signs in the area; M. Enforcement. To enable the fair and consistent enforcement of these sign regulations; and to provide standards regarding the non-communicative aspects of signs, which are consistent with local, county, state and federal law. 4.402 Title and Authority A. This Article may be known as the Sign Code of the Town of Gilbert, Arizona. B. This Article is adopted pursuant to the police power of the Town and State law (A.R.S. § 9- 462.01), and the Development Services Director, or his designee is authorized and directed to administer and enforce this chapter. 4.403 Exempt Signs The following signs are exempt from regulation under this Article 4.4: A. Government Signs, including signs erected by the Town for government purposes. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 3  Town of Gilbert Land Development Code B. Signs located entirely inside the premises of a building or enclosed space, other than Window Signs. C. Signs on a vehicle, other than an Unlawful Vehicle Sign. D. Signs protected by state statute. E. Traffic Control Device Signs. 4.404 Prohibited Signs The following signs are prohibited in the Town of Gilbert unless protected by state statute, or otherwise allowed in this Article 4.4 Sign Regulations or Article 4.5012 Temporary Uses. A. Abandoned Signs. B. Animated Signs. C. Balloon Signs. D. Billboards. E. Blinking Signs. F. Flashing Signs. G. Inflatable Signs. H. Intermittent Signs. I. Moving Signs. J. Offsite Commercial Signs. K. Pole Signs. L. Reflective Signs. M. Rotating Signs. N. Scrolling Signs. O. Signs attached or painted on trees, rocks or natural features. P. Signs in the right-of-way. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 4  Town of Gilbert Land Development Code Q. Signs installed, attached or painted on fences. R. Signs or sign support structures that obstruct means of egress, including any fire escape, any window, any door opening, any stairway, any opening, any exit, any walkway, any utility access or Fire Department connection. S. Signs that interfere with any opening required for ventilation. T. Signs resembling Traffic Control Device Signs. U. Signs with exposed raceways. V. Snipe or Bandit Signs. W. Unlawful Vehicle Signs. 4.405 Sign Plans and Sign Program A. Heritage Sign Plans. A Heritage Sign Plan shall be required for a sign proposed within the Heritage Village Center Zoning District for single or multiple-tenant commercial or office uses, or for a multiple-building complex for a single commercial use. The Redevelopment Commission may approve a Heritage Sign Plan as an alternative to the requirements set forth Section 4.409.B for the Heritage Village Center Zoning District. If requested by an applicant, a Heritage Sign Plan may be administratively approved when the proposed plan complies with all of the requirements set forth in Article 4.4 Sign Regulations. In no event shall consideration for approval be based upon the message content of a sign. 1. Conditions. The Planning Manager may attach conditions, requirements, or standards necessary to assure that the sign structure covered by the Heritage Sign Plan will not be materially detrimental to persons or property. 2. Evaluation Criteria. Heritage Sign Plans shall be evaluated based on the following criteria: a. Placement. All sign structures shall be placed where they are visible and legible. Factors to be considered include the location relative to pedestrian movement, traffic movement and access points, site features, other structures, and orientation relative to viewing distances and viewing angles. b. Size. All signs shall be no larger than necessary for visibility and legibility. Factors to be considered in determining appropriate size include topography, volume and speed of traffic, viewing distances and angles, proximity to adjacent uses, and placement of display. In the event that the total business Sign Area otherwise allowed in this Article 4.4 does not provide sufficient area for Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 5  Town of Gilbert Land Development Code visibility and legibility for a sign, then the maximum size of Sign Area may be increased but only as necessary to allow for visibility and legibility; however in no event shall the foregoing allow a total business Sign Area to exceed by more than twenty-five (25) percent any maximum area standard otherwise allowed in this Article 4.4. c. Design Features and Materials. Design features and materials shall be compatible with the architecture, colors, and materials of the structures. d. Amendments. The Planning Manager may administratively approve minor amendments to a Heritage Sign Plan, where such changes are determined to have little or no visual impact and are consistent with the intent of the original approval. In approving a minor amendment, the Planning Manager shall not base any determination on the message content of a sign. B. Comprehensive Sign Programs. A Comprehensive Sign Program shall be required for all projects not located within the Heritage Village Center Zoning District and consisting of multi-tenant buildings, nonresidential complexes with multiple buildings, or large-scale mixed-use developments. A Comprehensive Sign Program provides design compatibility for all signs and integrates sign design with the architecture of the buildings. The Comprehensive Sign Program shall set forth design standards including, but not limited to sign types, placement, size, design, colors, materials, textures, and method of illumination, as well as provides for vehicle and pedestrian safety through directions and way finding orientation. If a sign subject to the Comprehensive Sign Program complies with all of the requirements of this Article 4.4, it may be approved administratively by the Planning Manager, as set forth in Section 5.602B.1 Administrative Design Review. In determining approval, the Planning Manager shall not base any approval on the message content of a sign. C. Master Sign Plans. A Master Sign Plan may be approved as an alternative to the requirements set forth in Section 4.409.B for the uses and developments listed below: 1. Applicability. The Design Review Board may approve a Master Sign Plan for properties not located within the Heritage Village Center Zoning District for the following uses and developments: a. Multiple-tenant commercial, office, or employment uses. b. A multiple-building complex for a single commercial or employment use in a project exceeding 40 net acres. c. Stand-alone office/employment buildings exceeding 100,000 square feet. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 6  Town of Gilbert Land Development Code d. Indoor or Outdoor Entertainment and Recreation uses. e. Auto malls. f. Hospitals. g. Hotels and Commercial Lodging having at least 150 guest rooms and a Full Service Restaurant or conference and meeting rooms. h. Regional retail shopping malls. 2. Conditions. The Design Review Board may attach conditions, requirements, or standards necessary to assure that the signs covered by the Master Sign Plan will not be materially detrimental to persons or property in the vicinity. In making its determination, the Design Review Board shall not base any condition on the message content of a sign. 3. Evaluation Criteria. Master Sign Plans shall be evaluated based on the following criteria: a. Placement. All signs shall be placed where they are visible and legible. Factors to be considered include its location relative to traffic movement and access points, site features, other structures, and orientation relative to viewing distances and viewing angles. Wall Signs may be approved on building walls other than the wall of the space occupied by the tenant in commercial centers in which some tenants have little or no visibility from the street. b. Quantity. The number of signs that may be approved within any development shall be sufficient to provide necessary facilitation of internal circulation of vehicular and pedestrian traffic and way finding for safety of the occupants of vehicles and pedestrians. Factors to be considered shall be those that impact safety considerations such as the size of the development and the number of development sub-areas c. Size. All signs shall be no larger than necessary for visibility and legibility. Factors to be considered in determining appropriate size include topography, volume and speed of traffic, viewing distances and angles, proximity to adjacent uses, and placement of display. In no event shall a Master Sign Plan contain a freestanding sign that exceeds by more than fifty (50) percent any maximum height standard permitted by this Article. Consistent with the exemptions set forth in this Article, there shall be no limit on the amount by which a Master Sign Plan may allow a freestanding sign to exceed the height restrictions permitted on the site when the freestanding sign is placed or oriented so as to be visible only internally to the development. In no event shall a Master Sign Plan Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 7  Town of Gilbert Land Development Code contain a wall sign that exceeds by more than twenty-five (25) percent any maximum size (area) standard permitted by this Article. Consistent with the exemptions set forth in this Article, there shall be no limit on the amount by which a Master Sign Plan may allow a wall sign to exceed the size (area) restrictions permitted on the site when the wall sign is placed or oriented so as to be visible only internally to the development itself. d. Design Features and Materials. Sign design themes and materials shall be compatible with the architecture, colors, and materials of the project. e. Development Standards. The Design Review Board may not reduce any sign development standard to less than 50 percent of any minimum standard, nor increase any sign development standard by more than one hundred (100) percent of the maximum standard. Notwithstanding the foregoing, the Design Review Board shall not base any decision on the message content of a sign. f. Amendments. The Planning Manager may administratively approve minor amendments to a Master Sign Plan involving non-communicative activity, where such changes are determined to have little or no visual impact and are consistent with the intent of the original approval. 4.406 Review of Sign Applications for Permanent Signs All applications for Permanent Signs, except for those applications subject to administrative approval by the Planning Manager as set forth in Section 5.602B.1, Administrative Design Review, shall be considered by the Design Review Board or, in the Heritage District Overlay Zoning District, by the Redevelopment Commission. Approval for a Permanent Sign may be by: A. A Comprehensive Sign Program; or B. A Master Sign Plan; or C. A Heritage Sign Plan; or D. A separate Administrative Design Review application approved by the Planning Manager. 4.407 General Provisions for Signs The following general provisions for signs shall apply to this Article and to all lawful conforming and nonconforming signs, unless otherwise indicated in this article. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 8  Town of Gilbert Land Development Code A. Viewpoint Neutrality. 1. Notwithstanding anything in this Article to the contrary, no sign or sign structure shall be subject to any limitation based upon the viewpoint of the message contained on such sign or displayed on such sign structure. 2. Notwithstanding anything in this Article to the contrary, it is the policy of the Town to regulate signs in a manner that does not favor commercial speech over noncommercial speech and does not regulate protected noncommercial speech by message content. 3. Within this Article, any distinction between onsite signs and offsite signs applies only to commercial messages. It does not apply to noncommercial messages. B. Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this Article to the contrary, any sign erected pursuant to the provisions of this Article may, at the option of the owner, contain a noncommercial message in lieu of a commercial message and the noncommercial copy may be substituted in whole or in part at any time in place of the commercial copy. The noncommercial message (copy) may occupy the entire Sign Face or any portion thereof. The Sign Face may be changed from a commercial message to a noncommercial message or from one noncommercial message to another non-commercial message; provided, however, that there is no change in the size, height, setback or spacing criteria contained in this Article. C. Administrative Interpretation and Discretionary Approval. 1. Interpretations of this Article may be made by the zoning administrator pursuant to Section 1.109. All interpretations of this Article are to be exercised in light of the policies, purposes and intent set forth herein. 2. Whenever a sign permit or other approval is subject to discretion, such discretion shall not be exercised as to message content, but instead shall be directed to structural and location factors, including, as applicable: a. Whether the location and placement of the sign will endanger motorists; b. Whether the sign will cover, blanket or interfere with any prominent view of a structure or façade of historical or architectural significance; c. Whether the sign will obstruct views of users or adjacent buildings to side yards, front yards or open space; d. Whether the sign will negatively impact the visual quality of a public open space, such as a public recreation facility, square, plaza, park, courtyard and the like. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 9  Town of Gilbert Land Development Code e. Whether the sign is compatible with building heights of the existing neighborhood; f. Whether the sign’s lighting or illumination system will cause hazardous or unsafe driving conditions for motorists; D. Consent of Legal Owner of Property. Except as required by state law, no sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and any party and person holding a present legal right to possession, control, or use of the property. E. Signs on Public Property. Except as required by state law or otherwise permitted by this Article, any sign installed or placed on public property shall be deemed illegal and shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the Town shall have the right to recover from the owner or person placing such sign the cost of removal and disposal of such sign. F. Placement of Signs. 1. Permanent Signs shall not project into or over the public right-of- way without first obtaining a license or encroachment permit from the Town. 2. The lowest portion of any sign which extends over an area intended for pedestrian use shall not be less than eight (8) feet above finished grade. 3. The lowest portion of any sign which extends over an area intended for vehicular use shall not be less than fourteen (14) feet above the finished grade. 4. Any sign placed on a sidewalk or other public right of way must comply with this Article and applicable provisions of the Americans with Disability Act. 5. Except for appropriately-placed Traffic Control Device Signs, no sign shall be placed in the sight visibility triangle. G. Flagpoles. Unless otherwise required by state law, for each parcel and development site in residential use with at least one principal structure, one flagpole may be installed and there shall be no limit to the number of flags that may be displayed per flagpole. For each parcel and development site that is over one-half (1/2) acre in size and is in nonresidential use, up to three Flagpoles may be installed. For each additional acre, up to two (2) additional flagpoles may be installed. Up to two (2) flags may be displayed per flagpole. Flagpoles shall be depicted on Final Design Review plans or approved administratively as part of a sign plan. Flagpoles shall not exceed one and one-half (1.5) times the allowed building height for the district in which it is located, but in no event shall a flagpole exceed a height of fifty (50) feet. A building permit shall be required for Flagpoles on nonresidential properties, and for Flagpoles exceeding a height of thirty (30) feet on residential properties. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 10  Town of Gilbert Land Development Code H. Flag Brackets and Stanchions. For each principal structure on a parcel, up to two flag brackets or stanchions may be attached or placed for the display of flags. I. Measurement of Sign Size and Height. 1. Sign Size (Sign Area). The area of a sign (“Sign Area”) is measured or calculated as follows (See Appendix 1, Figures 28, for graphic illustrations): a. Background panel signs. Sign copy that is mounted, affixed, or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy, is measured as that area contained within the sum of the smallest rectangles, squares, triangles, parallelograms, circles or ellipses that will enclose both the sign copy and the background. b. Background surface signs. The area of a sign consisting of copy mounted as individual letters or graphics against a wall, fascia, or parapet of a building surface or another surface, that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, is measured as the sum of the smallest rectangles, squares, triangles, parallelograms, circles or ellipses that will enclose each word, graphic or discrete visual element in the total sign. c. Illuminated background signs. The area of a sign with copy mounted, affixed, or painted on an illuminated surface or illuminated element or a building or structure, is measured as the entire illuminated surface or illuminated element which contains sign copy. d. Double-faced signs. If a sign has two (2) display faces, and the interior angle between the two (2) faces is thirty (30) degrees or less, then the Sign Area is one (1) Sign Face only; however, if the two (2) faces are of different sizes or shapes, then the larger is used. If the sign has two (2) display faces, and the interior angle between the two faces is greater than thirty (30) degrees, then the Sign Area is the sum of the areas of the two (2) faces. e. Multi-faced signs. If a sign has three (3) or more faces, then the Sign Area is equal to fifty (50) percent of the aggregate area of all Sign Faces. The area of each face shall be determined according to subsection (a) or (b) of this section, as applicable. f. Sculptural and nonplanar signs. The area of a spherical, free form, sculptural or other nonplanar sign is fifty (50) percent of the sum of the areas, using only the four (4) vertical sides of the smallest four-sided polyhedron which will completely enclose the entire sign structure. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 11  Town of Gilbert Land Development Code 2. Measurement of Sign Height. The height of a freestanding sign shall be measured as the vertical distance from the average finished grade of the ground below the sign excluding any filling, berming, mounding or excavating solely for the purposes of increasing the height of the sign, to the top edge of the highest portion of the sign. See Appendix 1, Figures 29, for graphic illustrations. The maximum height allowed for a freestanding sign, however, shall not include any architectural embellishment provided the embellishment does not exceed thirty-six (36) inches at the base of the sign and eighteen (18) inches at the top of the sign. For the purposes of this section, average finished grade shall be considered the lower of (a) the lowest elevation where the base of the sign meets ground level; or (b) the top of the curb of the nearest public street adjoining the property upon which the sign is erected; or (c) the grade of the land at the principal entrance to the lot on which the sign is located. J. Signs Must Maintain Clearance from Utilities and Shall Not Interfere with Surface and Underground Water or with Drainage. Signs shall maintain a minimum distance of six (6) feet horizontal clearance and twelve (12) feet overhead clearance from electrical conductors and from all communications equipment or lines. Signs and their supporting structures shall maintain clearance from and noninterference with all surface and underground facilities and conduits for water, sewage, electricity, or communications equipment or lines. Sign placement shall not interfere with surface or underground water or with natural or artificial drainage. K. Signs Declared a Nuisance and Repair; Signs Presenting Immediate Peril to Public Health or Safety. The building official may order the repair of signs declared a nuisance, and with or without notice may cause any structurally unsafe or structurally insecure sign to be immediately removed if the sign presents an immediate peril to the public health or safety. L. Tenant Sign Panel and Wall Sign Band Replacement. Replacement of a tenant sign panel containing the same color, size, design, and style as the original on an approved sign structure with removable panels shall not require a permit. Any tenant panel that is vacant or missing shall be replaced within thirty (30) days. M. Wall Sign Fascia Repair. Where a tenant has vacated a tenant or user suite, the fascia of the accessory wall sign band shall be repaired to its surrounding texture and color within forty-five (45) days of the panel or sign being removed. N. Signs Shall Not Be Attached to Certain Property and Shall Not Impair Roof Access. Signs shall not be attached to standpipes, gutters, drains or fire escapes. Signs shall not be installed so as to impair access to a roof. O. Bus Shelter Signage. Notwithstanding the provisions of Section 4.404, signs in conjunction with bus shelter facilities approved by the Town or other governmental agencies shall be permitted. Development standards, including but not limited to Sign Face area, height, location, etc., shall be determined in accordance with bus shelter design requirements established by the Town Engineer. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 12  Town of Gilbert Land Development Code 4.408 Temporary Signs Other than as provided below and in subsections 4.408.B through 4.408.H, Temporary Signs shall meet the criteria set forth in Section 4.408.A Temporary Signs: General Criteria and Limitations by Zoning District. A Temporary Sign may be displayed as a ground sign or a wall sign, inclusive of a Window Sign. A. General Criteria for Temporary Signs. A Temporary Sign is unlawful if it does not meet the criteria established for the zoning district in which the Temporary Sign is located, as set forth and described below in Table 4.408.A, Temporary Signs: General Criteria and Limitations by Zoning District. However, except as otherwise provided below, the general criteria and limitations in this Section 4.408.A do not apply to A-Frame and T-Frame Signs, Banner Signs, Flying Banner Signs, Flags and Umbrella Signs. TABLE 4.408.A Temporary Signs: General Criteria and Limitations by Zoning District ZONING DISTRICTS Residential Non-Residential (Other Heritage Village Zoning than Heritage Village Center Zoning Districts Center) Zoning District Districts Maximum Number of Signs 41 4 4 Per Parcel Maximum Sign Area 2 6 sq. ft. 32 sq. ft. 32 sq. ft. Sign Height Maximum for a 4 ft. 6 ft. 6 ft. Freestanding Sign 3 Sign Height Maximum for a 6 ft. 15 ft. 15 ft. Wall Sign (inclusive of a Window Sign 4) Minimum Setback/ Distance 10 ft. 10 ft. 10 ft. from Right of Way5 1 In single-family residential zoning districts, each single family residential use with at least one principal structure may place up to 6 offsite Temporary Signs on private property for the purpose of directing the public to a residential activity (e.g. real estate open house, garage/yard sale, estate sale). Said signs shall be displayed only during the hours that the single family residence is open for public inspection and shall not exceed 6 sq. ft. in area per sign. 2 The aggregate maximum sign area was deleted from this table for clarity but there was no effect on how the total square footage is calculated. Multiply the maximum sign area by the maximum number of signs to calculate the aggregate maximum sign area. There is no limit to the number of separate messages that may appear on the allowable surface(s) of any Temporary Sign. 3 Not applicable to signs displayed on Flagpoles. 4 Window Signs shall not cover more than 25% of the first floor window area. See Appendix 1, Figures 18, for graphic illustrations. 5 Minimum Sign Setbacks are measured from the edge of the property line. Setbacks do not apply to wall signs or signs affixed to a temporary construction fence. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 13  Town of Gilbert Land Development Code TABLE 4.408.A Temporary Signs: General Criteria and Limitations by Zoning District ZONING DISTRICTS Residential Non-Residential (Other Heritage Village Zoning than Heritage Village Center Zoning Districts Center) Zoning District Districts Minimum Spacing from any 15 ft. 15 ft. 15 ft. Other Sign (Temporary Sign or a Permanent Sign)2 Permit Required No No No Incorporation of Florescent No No No Color or Exhibition of Florescence Allowed Permission of Owner Yes Yes Yes Required Allowed within a Sight No No No Visibility Triangle Allowed on Public Sidewalk / No No No Right of Way 6 Duration Allowed After 3 days 3 days 3 days Conclusion of an Event if Sign Pertained to an Event Lighting or Illumination No No No Allowed Movement Allowed No No No 6 Government Signs displaying government speech are exempt from regulation under this Article 4.4. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 14  Town of Gilbert Land Development Code B. A-Frame Signs and T-Frame Signs.7 A-Frame Signs and T-Frame Signs are unlawful if they do not meet the criteria and limitations set forth in the following Table 4.408.B A- Frame and T-Frame Signs: Criteria and Limitations. 1. A-Frame Signs and T-Frame Signs are permitted in all zoning districts but may be placed in single-family residential zoning districts only in conjunction with non- residential uses. 2. A-Frame Signs and T-Frame Signs must be located adjacent to the parcel or business advertised thereon, supported by a base of sufficient weight and durability to withstand wind gusts, and maintained in a professional manner free from fading, tearing, and tattering. 3. A-Frame Signs and T-Frame Signs shall not be placed in raised or painted medians, with stakes fastened to or driven into concrete, across the street from the business being advertised, on equestrian or multi-use trails, and must be placed at grade level. See Appendix 1, Figures 16, for graphic illustrations. TABLE 4.408.B. A-Frame and T-Frame Signs: Criteria and Limitations Maximum Number of Signs Four (4 ) per business 8 Maximum Width Thirty-one (31) inches Maximum Height Forty-five (45) inches Minimum Setback/Distance from Roadway Five (5) feet (Except in Heritage Village Center Zoning District, where minimum shall be one (1) foot) Maximum Width of Public Sidewalk that the No more than one third (1/3) of the width of a Sign May Obstruct public sidewalk and must provide at least four (4) feet of sidewalk clearance Maximum Distance of Sign from Premises 9 Ten (10) feet with signs spaced at least twenty (20) feet apart Duration Only during hours when business is open Allowed on Public Sidewalk / Right-of-Way Yes Allowed within a Sight Visibility Triangle No Lighting or Illumination Allowed No Permit Required No Movement Allowed No 7 The provisions of 4.408.B allowing for A-Frame Signs and T-Frame Signs shall be reviewed by the Town Council as soon as reasonably practicable after June 1, 2020, for the purpose of evaluating the effectiveness of A-Frame Signs and T-Frame Signs and to determine whether changes to 4.408.B should be made. 8 The combined total number of A-Frame, T-Frame, and Flying Banner Signs shall not exceed four (4) per business. 9 Signs may be allowed at the perimeter of a multiple-tenant commercial/office complex or employment park, but only pursuant to an approved sign plan. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 15  Town of Gilbert Land Development Code TABLE 4.408.B. A-Frame and T-Frame Signs: Criteria and Limitations Incorporation of Florescent Color or No Exhibition of Florescence Allowed The purchase and placement of A-Frame Signs and T-Frame Signs is not a substantial capital investment in the business being advertised. Upon repeal or modification of the regulations pertaining to these types of Temporary Signs that results in further restricting or prohibiting the same, then such signs shall not be legal non-conforming signs and such signs shall comply with all new regulations. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 16  Town of Gilbert Land Development Code C. Banner Signs. Banner Signs are permitted in all zoning districts, but may be placed in single-family residential zoning districts only in conjunction with non-residential uses. Banner Signs are unlawful if they do not meet the criteria and limitations set forth below in Table 4.408.C, Banner Signs: Criteria and Limitations. TABLE 4.408.C Banner Signs: Criteria and Limitations Maximum Number of Banner Signs 1 Per Parcel/Business Maximum Sign Area 10 40 sq. ft. for occupancies up to 5,000 sq. ft. 80 sq. ft. for occupancies greater than 5,000 sq. ft. up to 15,000 sq. ft. 120 sq. ft. for occupancies greater than 15,000 sq. ft. up to 50,000 sq. ft.; or 180 sq. ft. for occupancies greater than 50,000 sq. ft. Sign Height Maximum if displayed 8 ft. as a Freestanding Sign Minimum Sign Setback if displayed 3 ft. as a Ground Signs 11 Minimum Spacing from any Other 15 ft. Sign (Temporary Sign or a Permanent Sign 12) Permit Required Yes Incorporation of Florescent Color or No Exhibition of Florescence Allowed Allowed on Public Sidewalk / Right No of Way13 Allowed within a Sight Visibility No Triangle Duration No more than 120 days per year in the aggregate Duration Allowed After Conclusion 1 day of an Event if the Sign Pertains to an Event Lighting or Illumination Allowed No Movement Allowed 14 Yes 10 The square footage limitation is per side for a double-sided Banner Sign or Flying Banner Sign. For example, a 40 square foot limitation means there is a limit of 40 square feet of surface area per side of the double-sided Banner Sign or Flying Banner. 11 Minimum Sign Setbacks are measured from the edge of the property line. Setbacks do not apply to a Banner Sign displayed on walls. 12 Not applicable to signs displayed on Flagpoles. 13 Government Signs displaying government speech are exempt from regulation under this Article 4.4. 14 Movement is allowed for a Flying Banner Sign, but is not allowed for a Banner Sign. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 17  Town of Gilbert Land Development Code D. Flying Banner Signs. 15 Flying Banner Signs are unlawful if they do not meet the criteria and limitations set forth below in Table 4.408.D, Flying Banner Signs: Criteria and Limitations. 1. Flying Banner Signs are permitted in all zoning districts, but may be placed in single- family residential zoning districts only in conjunction with non-residential uses. 2. Flying Banner Signs must be located adjacent to the parcel or business advertised thereon, supported by a base of sufficient weight and durability to withstand wind gusts, and maintained in a professional manner free from fading, tearing, and tattering. 3. Flying Banner Signs shall not be placed in raised or painted medians, with stakes fastened to or driven into concrete, across the street from the business being advertised, on equestrian or multi-use trails, and must be placed at grade level. TABLE 4.408.D Flying Banner Signs: Criteria and Limitations Maximum Number of Flying Banner Four (4) per parcel or business 16 Signs Maximum Sign Area 12 sq. ft. Sign Height 15 ft. Minimum Setback 4 feet from edge of curb, or a distance equal to the height of the Flying Banner Sign, whichever is greater. Minimum Distance From an Access 30 ft. Drive or Street Intersection Minimum Distance from another Flying Banner Sign, A-Frame or T- 20 ft. Frame Sign Permit Required No Allowed on Public Sidewalk / Right of Yes on a public sidewalk, subject to the criteria and Way17 limitations herein Allowed within a Sight Visibility No Triangle Duration Only during hours when business is open Maximum Width of Public Sidewalk No more than one third (1/3) of width of public that the Sign May Obstruct sidewalk, and in all instances there must be at least four (4) feet of sidewalk clearance 15 The provisions of 4.408.D allowing for Flying Banner Signs shall be reviewed by the Town Council as soon as reasonably practicable after June 1, 2020, for the purpose of evaluating the effectiveness of Flying Banner Signs and to determine whether changes to 4.408.D should be made. 16 The combined total number of Flying Banner Signs, A-Frame Signs, and T-Frame Signs shall not exceed four (4) per business. 17 Government Signs displaying government speech are not subject to Article 4.4. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 18  Town of Gilbert Land Development Code TABLE 4.408.D Flying Banner Signs: Criteria and Limitations Lighting or Illumination Allowed No Movement Allowed Yes E. Sign Walkers. Sign Walkers are permitted in all zoning districts. Sign Walkers must comply with State law (A.R.S. § 9-499.13) and meet the following criteria and limitations: 1. Location. Sign Walkers shall be only located: a. 30 feet from a street or driveway intersection measured from the back of the curb or edge of pavement if no curb exists. b. 5 feet from the street measured from the back of curb or edge of pavement if no curb exists. c. Sign walkers shall yield right-of-way to pedestrians, bicycles and all others traveling or located on the sidewalks. d. At grade level. 2. Prohibited locations. Sign walkers shall not be located: a. In raised or painted medians. b. In parking aisles or stalls. c. In driving lanes or driveways. d. On equestrian or multi-use trails. e. So that less than a minimum of 4 feet is clear for pedestrian passage on all sidewalks and walkways, or so as to cause a hazard to pedestrian traffic. f. On fences, boulders, planters, other signs, vehicles, utility facilities, or any structure. g. Within a minimum distance of 20 feet from any other sign walker. h. In a manner that results in sign walkers physically interacting with motorists, pedestrians, or bicyclists. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 19  Town of Gilbert Land Development Code 3. Display. Sign shall be: a. Displayed only when the business is open to conduct business. b. Held, worn or balanced at all times. 4. Elements prohibited. The following shall be prohibited: a. Any form of illumination, including flashing, blinking, or rotating; b. Animation on the sign itself; c. Mirrors or other reflective materials; d. Attachments, including, but not limited to, balloons, ribbons, speakers. F. Flags. Unless otherwise required by state law or specified in this Article, no more than two (2) flags may be displayed on a flagpole, from a flag bracket or on a flag stanchion. The Sign Area of a flag displaying a commercial message shall not exceed twenty-four (24) square feet. For the purpose of determining the Sign Area of a flag, only one side of the flag shall be counted. Flags on residential or nonresidential parcels may be externally illuminated. A sign permit is not required for a flag. G. Umbrella Signs. For each table in an outside seating area for a licensed business establishment, one (1) Umbrella Sign per umbrella is allowed. An Umbrella Sign shall not exceed eight (8) feet in height. An umbrella having an Umbrella Sign shall be mounted on or in the table or secured within an umbrella holder adjacent to the table. A sign permit is not required for an Umbrella Sign. Umbrella Signs shall not be counted as part of a Maximum Sign Area for any use. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 20  Town of Gilbert Land Development Code H. Temporary Residential Subdivision Signs. Temporary Residential Subdivision Signs are permitted in single-family residential zoning districts for each builder in a recorded subdivision plat only in conjunction with a valid building permit for a model home complex. Temporary Residential Subdivision Signs are unlawful if they do not meet the criteria and limitations set forth below in Table 4.408.H, Temporary Residential Subdivision Signs: Criteria and Limitations. TABLE 4.408.H. Temporary Residential Subdivision Signs: Criteria and Limitations Principal Model Home Perimeter Entry(ies) Complex Subdivision Open Space Maximum Number of Signs 1 per entry 1 or more 1 per street frontage Maximum Sign Area 32 sq. ft. 96 sq. ft. 32 sq. ft. Maximum Height 8 ft. 12 ft. 8 ft. Minimum Setback/ Distance from 10 ft. 10 ft. 10 ft. Right of Way 18 (5 ft. if less than (5 ft. if less than (5 ft. if less than 32 sq. ft.) 32 sq. ft.) 32 sq. ft.) Aggregate Maximum Sign Area 256 sq. ft. Duration 3 years or until the model home complex is permanently closed, whichever occurs first. Allowed on Public Sidewalk / No Right-of-Way Allowed within a Sight Visibility No Triangle Lighting or Illumination Allowed No Permission of Owner Required Yes Permit Required Yes Movement Allowed No Incorporation of Florescent Color No or Exhibition of Florescence Allowed 18 Minimum Sign Setbacks are measured from the edge of the property line. Setbacks do not apply to Wall Signs or signs affixed to a temporary construction fence. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 21  Town of Gilbert Land Development Code I. Offsite Temporary Signs on Private Property. Offsite Temporary Signs are permitted in all zoning districts on unimproved lots or parcels of 10 acres or more subject to criteria and limitations set forth below in Table 4.408.I, Offsite Temporary Signs on Private Property: Criteria and Limitations. TABLE 4.408.I. Offsite Temporary Signs on Private Property: Criteria and Limitations Maximum Number of Signs 1 Per Parcel Minimum Size of 10 acres Unimproved Parcel Required Maximum Sign Area 32 sq. ft. Maximum Sign Height 8 ft. Minimum Setback/ Distance 10 ft. from any Right of Way19 Minimum Spacing from any 100 ft. Other Sign (including any Temporary Sign or Permanent Sign) Duration 1 year Allowed on Public Sidewalk No / Public Right-of-Way Allowed within a Sight No Visibility Triangle Lighting or Illumination No Allowed Permission of Owner Yes Required Permit Required Yes Movement Allowed No Incorporation of Florescent No Color or Exhibition of Florescence Allowed 19 Minimum Sign Setbacks are measured from the edge of the property line. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 22  Town of Gilbert Land Development Code 4.409 Permanent Signs A. General Criteria for Lighting and Changing Message Displays Utilized with Permanent Signs. The following general criteria and limitations for lighting and changing message displays shall apply to Permanent Signs, where indicated. 1. Lighting. The illumination of signs shall meet all regulations as set forth in the Gilbert Municipal Code, Chapter 42, Article II, Section 42-34. a. Except for Changing Message Displays and Marquee Signs, any flashing, blinking, reflective, animated, or rotating lights, or signs with an intermittent or varying intensity of artificial illumination, whether deliberate or as a consequence of a defect in the sign or the illumination source, shall be prohibited for any and all signs. b. Exposed incandescent, light-emitting diode (LED), fluorescent, metal halide, high- or low- sodium bulbs, or mercury vapor light sources shall not be used as a source of illumination except for Marquee Signs. All light sources shall be shielded to prevent illumination trespass onto properties other than where the light source is located. c. Exposed neon tube type illumination may only be used for commercial uses in Commercial and the Heritage Village Center Zoning Districts, subject to administrative approval of a Comprehensive Sign Program, Master Sign Plan or Heritage Sign Plan, which must be based upon content-neutral objective criteria and as set forth in Section 5.602B.l Administrative Design Review. Exposed neon tubing shall be appropriately sized. Exposed neon tube type illumination is prohibited in all other zoning districts. d. Sign Illumination. (1) Permanent Sign on a parcel in residential use: With the exception of an identification sign at the entrance of a residential subdivision, a Permanent Sign located on a parcel in a residential district may not be separately or specially illuminated, unless otherwise specified in this Article. (2) Permanent Sign on a parcel in nonresidential use: A Permanent Sign on a parcel in a nonresidential use may be illuminated by internal illumination, internal indirect (halo) illumination, or lit by external indirect illumination, unless otherwise specified in this Article; however, a Permanent Sign may not be illuminated in a manner that leaves the illumination device exposed to public view except with the use of neon tubing as provided in this Article. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 23  Town of Gilbert Land Development Code (3) Internal illumination: Any outdoor internally illuminated sign permitted under Article 4.4 shall be constructed with an opaque background and translucent letters or other graphical elements, or with a colored background and lighter letters or graphics. (4) External indirect illumination: Externally lit signs are permitted to be illuminated only with steady, stationary, directed, and shielded light sources directed solely onto the sign. Light bulbs or tubes (excluding neon) used for illuminating a sign shall not be visible from the adjacent public rights-of-way and residential properties. (5) Illumination of signs adjacent to single-family residential uses: No sign located within fifty (50) feet of a single-family zoning district shall be internally illuminated. 2. Manual Changing Message Displays. One-half (1/2) of the area of the face of a Freestanding Monument or Marquee Sign may be a manual Changing Message Display, subject to the criteria and limitations of this Article. 3. Electronic Changing Message Displays. The entire Sign Face of a Freestanding Monument, Tower Sign, and Freeway Sign may be an electronic Changing Message Display if said sign is located within a zoning district where Freestanding Signs are allowed except for residential zoning districts and subject to the following operational limitations. For non-residential uses in residential zoning districts, one-half (1/2) of the Sign Face of a Freestanding Monument Sign may be an electronic Changing Message Display, subject to the following operation limitations: a. Display: An electronic Changing Message Display may be in full color. b. Minimum Display Time: An electronic Changing Message Display shall not change more than once every eight (8) seconds. c. Transition Method: An electronic Changing Message Display shall change by an instant change method. d. Illumination Levels: An electronic Changing Message Display shall incorporate photocell/ light sensors, with automatic dimming technology that appropriately adjusts to ambient light conditions. Displays shall have a brightness level of no greater than 0.3 foot candles above ambient light conditions as measured by foot candle meter. e. Maintenance: Any allowed electronic Changing Message Display that malfunctions, fails, or ceases to operate in its usual or normal programmed manner shall be repaired or disconnected within forty-eight (48) hours by the owner or operator of such sign. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 24  Town of Gilbert Land Development Code f. Static messages: When visible from public streets or public rights-of-way, an electronic Changing Message Display shall be by way of static messages. B. Type of Permanent Signs. The following types of permanent signs are allowed in one or more of the Town of Gilbert’s zoning districts, as more specifically set forth in 4.409.B.1. through B.25. below. 1. Street Address Signs. a. Street Address Signs for single-family dwellings. Each single family dwelling unit shall be clearly identified by or associated with a street address for first responders to locate the residential unit as necessary to respond to any fire or public safety issue. The sign shall serve as a visible street address and identifier for delivery of mail and official governmental notification. The Street Address Sign shall not exceed three (3) square feet in Sign Area. b. Street Address Signs for multi-family dwellings. Each multi-family dwelling unit shall be clearly identified by or associated with a Street Address Sign for first responders to locate the multi-family dwelling unit as necessary to respond to any fire or public safety issue. The sign shall serve as a visible street address and identifier for delivery of mail and official governmental notification. The Street Address Sign may be externally illuminated. The Street Address Sign or Unit and Building Identification Signs shall not exceed six (6) square feet in Sign Area. c. Street Address Signs for establishments or other non-residential uses. Each location of a business or non-residential use shall be clearly identified by or associated with a street address for first responders to locate the same as necessary to respond to any fire or public safety issue. The sign shall serve as visible street address and identifier for delivery of mail and official governmental notification. The Street Address Sign may be externally or internally illuminated. The Street Address Sign shall not exceed six (6) square feet in Sign Area. 2. Unit and Building Identification Signs. a. Unit and building Identification Sign for multi-family dwellings. Each multi- family dwelling unit shall be clearly identified by a Unit and Building Identification Sign for first responders to locate the same as necessary to respond to any fire or public safety issue, unless the unit or building has a Street Address Sign that is specific to that unit or building as opposed to any other unit or building or grouping of same. The Unit and Building Identification Sign shall serve as a visible identifier for delivery of mail and official governmental notification. The Unit and Building Identification Sign may be externally Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 25  Town of Gilbert Land Development Code illuminated. The Sign Area of a Unit and Building Identification Sign shall not exceed six (6) square feet. b. Unit and Building Identification Sign for businesses and other non-residential uses. Each location of a business or non-residential use shall be identified by a Unit and Building Identification Sign for first responders to locate the same as necessary to respond to any fire or public safety issue, unless the unit or building has a Street Address Sign that is specific to that unit or building as opposed to any other unit or building or grouping of same. The Unit and Building Identification Sign shall serve as a visible identifier for delivery of mail and official governmental notification. The Unit and Building Identification Sign may be externally illuminated. The Sign Area of a Unit and Building Identification Sign shall not exceed six (6) square feet. 3. Wall Signs. a. Dwelling Unit Wall Signs. (1) Each single family dwelling unit shall be clearly identified by a Street Address Sign for first responders to locate the residential unit as necessary to respond to any fire or public safety issue. (2) Each single family dwelling unit may have one (1) permanent wall or ground sign not to exceed three (3) square feet in size and not to exceed two (2) feet in height if placed as a ground sign. This allowed sign is in addition to the required Street Address Sign for a single family dwelling unit. (3) Each multi-family dwelling unit shall be clearly identified by a Street Address Sign and Unit and Building Identification Sign as applicable for first responders to locate the multi-family dwelling unit or building number as necessary to respond to any fire or public safety issue. (4) Each individual dwelling unit in a multi-family dwelling unit may have one (1) permanent wall or ground sign not to exceed three (3) square feet in size and not to exceed two (2) feet in height if placed as a ground sign. b. Wall Signs in Commercial, Office, Employment, and Public Facility / Institutional Zoning Districts. (1) Design. Wall Signs shall fit proportionally with building massing and architectural features of the elevation. (2) Length. The length of a Wall Sign shall not exceed eighty (80) percent of the horizontal length of the exterior building elevation of a tenant suite. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 26  Town of Gilbert Land Development Code (3) Height. The height of a Wall Sign shall not exceed eighty (80) percent of the vertical dimension of the sign band or wall space on which the sign is placed. (4) Placement. Wall Signs shall not be located closer to the top of a parapet wall than one-half the vertical dimension of the largest letter or character. Top floor signage located on multi-story buildings may span floor plates. (5) Wall Signs on building elevations abutting property designated for residential use in the General Plan shall: i. Not be illuminated; ii Not exceed sixteen (16) square feet in Sign Area; and iii Be installed no higher than fourteen (14) feet above grade. (6) Wall Sign Area. The Minimum and Maximum Sign Areas for a Wall Sign shall be determined as set forth below. See Appendix 1, Figures 17A and 17B, for graphic illustrations. i. Wall Sign Area: Buildings One-Story in Height. 1. Minimum Wall Sign Area. Each tenant or user suite shall be permitted a Wall Sign with a Minimum Sign Area of 32 square feet, and such Wall Sign shall be permitted on any exterior wall of the tenant or user suite on the first floor of the building. 2. Maximum Wall Sign Area. Each tenant or user suite shall be limited to Wall Sign with a Sign Area no greater than the total Sign Allowance Area defined below for (a) the longest building elevation of the tenant or user suite facing the street, or (b) the length of the building elevation of the tenant or user suite where its principal entrance is located. 3. Sign Allowance Area. Sign Allowance Area under this subsection shall mean “for buildings set back seventy-five (75) feet or less from the right-of-way, one (1) square foot of Sign Area for each one (1) lineal foot of the building elevation adjacent to the suite,” and “for buildings set back more than seventy-five (75) feet from the right-of-way, one and one-half (1.5) square feet of Sign Area for each one (1) lineal foot of building elevation adjacent to the suite.” Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 27  Town of Gilbert Land Development Code 4. Double Sign Allowance Area for Certain Buildings. Buildings with at least two building elevations facing streets and/or main private circulation drives shall be permitted double (2X) the Sign Allowance Area. Signs may be located on more than two elevations so long as the maximum allowance is not exceeded. In no event shall the Double Sign Allowance Area be used on a single elevation. 5. Approval. Approval is required through a Comprehensive Sign Program and/or a Master Sign Plan if the building is a multi-tenant building or otherwise meets the criteria for review and approval set forth in this Article 4.4. under such a program or plan. ii. Wall Sign Area: Buildings Two Stories in Height. Wall Signs on multiple floors of a building two (2) stories in height shall conform to the following criteria. 1. First Floor. Individual tenant signs located on the first floor of a building two (2) stories in height shall be subject to the same criteria as tenant signs for a building one story in height, as set forth above. 2. Second Floor. Individual tenant signs and building signs located on the second floor of a building two (2) stories in height shall not exceed seventy-five (75) square feet in Sign Area. Individual tenant signs and any building signs may be placed on any approved sign band or wall space on the second floor. The maximum wall Sign Area, including all tenant signs and building signs, shall not exceed fifty (50) percent of the lineal building elevation on the second floor. 3. Double Sign Allowance Area for Certain Buildings. Buildings with at least two building elevations facing streets and/or main private circulation drives shall be permitted double (2X) the Sign Allowance Area. Signs may be located on more than two elevations as long as the maximum allowance is not exceeded. In no event shall the Double Sign Allowance Area be used on a single elevation. 4. Approval. Approval is required through either a Comprehensive Sign Program or a Master Sign Plan. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 28  Town of Gilbert Land Development Code iii. Wall Sign Area: Buildings Three or More Stories in Height. Wall Signs located on buildings three (3) or more stories in height shall be limited to the first floor and the top floor, and shall conform to the following criteria. 1. First Floor. Individual tenant signs located on the first floor shall be subject to the same criteria as tenant signs for a building one story in height, as set forth above 2. Top Floor. The Sign Area for a Wall Sign on the top floor shall not be counted against the Sign Allowance Area of a Wall Sign on the first floor. Wall Sign located on the top floor are limited to either (i) one (1) building sign and one (1) tenant sign, or (ii) two (2) tenant signs. A Wall Sign located on the top floor shall adhere to the criteria contained in Table 4.409.B.3: Top Floor Sign Area and Height Standards for On-Premise Wall Signs. The Maximum Sign Area for a Wall Sign on the top floor shall not be increased through a Comprehensive Sign Program or Master Sign Plan. 3. Double Sign Allowance Area for Certain Buildings. Buildings with at least two building elevations facing streets and/or main private circulation drives shall be permitted double (2X) the Sign Allowance Area. Signs may be located on more than two elevations as long as the maximum allowance is not exceeded. In no event shall the Double Sign Allowance Area be used on a single elevation. 4. Approval. Approval is required through either a Comprehensive Sign Program or a Master Sign Plan. c. Wall Signs in Heritage Zoning Districts. (1) Design. Wall Signs shall fit proportionally with building massing and architectural features of the elevation. (2) Length. The length of a Wall Sign shall not exceed eighty (80) percent of the horizontal length of the exterior building elevation of a tenant suite. (3) Height. The height of a Wall Sign shall not exceed eighty (80) percent of the vertical dimension of the sign band or wall space on which the sign is placed. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 29  Town of Gilbert Land Development Code (4) Placement. Wall Signs shall not be located closer to the top of a parapet wall than one-half the vertical dimension of the largest letter or character. Top floor signage located on multi-story buildings may span floor plates. (5) Wall Signs on building elevations abutting property designated for residential use in the General Plan shall: i. Not be illuminated; ii. Not exceed sixteen (6) square feet in area; and iii. Be installed no higher than fourteen (14) feet above grade. (6) Wall Sign Area. The Minimum and Maximum Sign Areas for a Wall Sign shall be as set forth below. i. Wall Sign Area: One-Story Buildings. 1. Minimum Sign Area for a Wall Sign. Wall Signs are permitted on any exterior wall of the tenant or user suite on the first floor of the one-story building. 2. Maximum Sign Area for a Wall Sign. Each tenant or user suite shall be limited to a Wall Sign with a Sign Area no greater than the total sign allowance area defined below for (i) the longest building elevation of the tenant/user suite facing the street, or (ii) the length of the building elevation of the tenant or user suite in which its principal entrance is located. 3. Sign Allowance Area. Sign Allowance Area as used in this subsection, Wall Sign Area, shall mean “one and one-half (1.5) square feet in Sign Area for each lineal foot of building elevation adjacent to the suite.” 4. Double Sign Allowance Area for Certain Buildings. Buildings with at least two building elevations facing streets and/or main private circulation drives shall be permitted twice the Sign Allowance Area. Signs may be located on more than two elevations so long as the Double Sign Allowance Area is not exceeded. In no event shall the Double Sign Allowance Area be used on a single elevation. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 30  Town of Gilbert Land Development Code ii. Wall Sign Area: Buildings Two Stories in Height. Wall Signs on the floors of a building two (2) stories in height shall conform to the following criteria. 1. First Floor. Individual tenant signs located on the first floor of a building two (2) stories in height shall be subject to the same criteria as tenant signs for a building one story in height, as set forth above. 2. Second Floor. Individual tenant signs may only be placed on the building walls of the space occupied by the tenant. The individual tenant Wall Sign shall not exceed six (6) square feet in area per tenant/user suit. The sign area shall be included in the maximum Wall Sign area set forth above. Wall Signs may be indirectly illuminated or internally illuminated. Lighting fixtures shall be decorative and architecturally compatible with the building. See Guidelines for fixtures in the Heritage District Redevelopment Plan. 3. Double Sign Allowance Area for Certain Buildings. Buildings with at least two building elevations facing streets and/or main private circulation drives shall be permitted double (2X) sign area allowance. Signs may be located on more than two elevations as long as the maximum allowance is not exceeded. In no event shall the Double Sign Allowance Area be used on a single elevation. 4. Approval. Approval is required through a Heritage Sign Plan. d. Wall Signs for Non-Residential Uses in Residential Zoning Districts (1) Design. Wall Signs shall fit proportionally with building massing and architectural features of the elevation. (2) Length. The length of a Wall Sign shall not exceed eighty (80) percent of the horizontal length of the exterior building elevation of a tenant suite. (3) Height. The height of a Wall Sign shall not exceed eighty (80) percent of the vertical dimension of the sign band or wall space on which the sign is placed. (4) Placement. Wall Signs shall be placed on an area that is free of architectural details. Wall Signs shall not be located closer to the top of a parapet wall than one-half the vertical dimension of the largest letter or Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 31  Town of Gilbert Land Development Code character. Top floor signage located on multi-story buildings may span floor plates. (5) Wall Signs on building elevations abutting property designated for residential use in the General Plan shall: i. Not be illuminated; ii. Not exceed sixteen (16) square feet in area; and iii. Be installed no higher than fourteen (14) feet above grade. (6) Wall Sign Area. The minimum and maximum Wall Sign area shall be determined as set forth below. See Appendix 1, Figures 17A and 17B, for graphic illustrations. i. Wall Sign Area: Buildings One or More Stories in Height. Wall Signs shall only be located on one (1) floor of a single-story or multi-story building, and shall meet the following criteria. 1. Minimum Wall Sign area. Each tenant or user suite shall be permitted a Wall Sign with a Minimum Sign Area of thirty- two (32) square feet, and such Wall Sign shall be permitted on any exterior wall of the tenant or user suite on the first floor of the one-story building. 2. Maximum Wall Sign area. Each tenant or user suite shall be limited to a total Wall Sign area no greater than the total Sign Allowance Area, defined below for (a) the longest building elevation of the tenant/user suite facing the street, or (b) the length of the building elevation of the tenant/user suite in which the principal entrance to the business is located. 3. Sign Allowance Area. Sign Allowance Area as used in this subsection shall mean: a. For buildings set back seventy-five (75) feet or less from the right-of-way, one (1) square foot of Sign Area for each lineal foot of the building elevation adjacent to the suite; and b. For buildings set back more than seventy-five (75) feet from the right-of-way, one and one-half (1.5) square Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 32  Town of Gilbert Land Development Code feet of Sign Area for each lineal foot of building elevation adjacent to the suite. 4. Double Sign Allowance Area for Certain Buildings. A tenant or user suite with at least two building elevations facing streets and/or main private circulation drives shall be permitted twice the Sign Allowance Area (“Double Sign Allowance”). In no event shall the Double Sign Allowance be used on a single elevation. 5. Top Floor. If the top floor of a multi-story building is chosen for the allowable Wall Signs, the top floor Wall Signs are limited to either (i) one (1) building sign and one (1) tenant sign, or (ii) two (2) tenant signs. A Wall Sign on the top floor shall adhere to the criteria contained in Table 4.409.B: Top Floor Sign Area and Height Standards for On- Premise Wall Signs. This Sign Area shall not be increased through a Comprehensive Sign Program or Master Sign Plan. 6. Approval. Approval is required through a Comprehensive Sign Program or Master Sign Plan as set forth in this Article 4.4. TABLE 4.409.B.3: Top Floor Sign Area and Height Standards for On-Premise Wall Signs Facing Street Sign Height (Feet) Maximum Allowable Size Maximum Letter Type from Finish Floor of Sign Face (Sq. Ft.) Height Level to Top of Sign* (Inches) Local/Collector 40+ Per Code; or one percent of the 12 area of the elevation to which it is attached, whichever is greater Arterial 40+ Per Code; or one percent of the 15 area of the elevation to which it is attached, whichever is greater Freeway 40+ Per Code; or one percent of 21 the area of the elevation to which it is attached, whichever is greater *Unless approved signage spans floor plates Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 33  Town of Gilbert Land Development Code 4. Painted Wall Signs. In Commercial and the Heritage Village Center Zoning Districts, Painted Wall Signs are permitted on any exterior building wall of the tenant/user suite to which they are appurtenant and shall be limited to an onsite sign. The Sign Area of a Painted Sign shall be included in the Sign Allowance Area for signs in Section 4.409.B. Painted Wall Signs may be indirectly illuminated. Lighting fixtures shall be decorative and architecturally compatible with the building. Recommended Guidelines for appropriate design, materials, and color of fixtures within the Heritage Village Zoning District are set forth in the Heritage District Redevelopment Plan. 5. Wall Signs at Entrances to Non-Residential Tenant Offices or Suites. Each non- residential tenant or user suite may have one (1) permanent Wall Sign not to exceed three (3) square feet in area. This allowed sign is in addition to any required Street Address Sign and Unit and Building Identification Sign. 6. Wall Signs at Entrances to Restaurants. In addition to any other Wall Sign allowance, a restaurant shall be allowed one (1) Wall Sign installed within ten (10) feet of its main entrance. The Wall Sign shall not exceed six (6) square feet in area and shall not exceed six (6) feet in height. The Wall Sign may be internally or externally illuminated. 7. Wall Signs at Service and Delivery Entrances. In addition to any other Wall Sign allowance, a service or delivery entrance shall be allowed one (1) permanent Wall Sign installed within ten (10) feet of its entrance. The Wall Sign shall not exceed six (6) square feet in area and shall not exceed six (6) feet in height. The Wall Sign may be internally or externally illuminated. 8. Window Signs. Window Signs are permitted in all zoning districts but may be placed in single-family residential zoning districts only in conjunction with non-residential uses as a permanent Wall Sign, provided that the Window Sign does not cover more than twenty-five percent (25%) of the area of any window. Window Signs may be internally illuminated. A sign permit is not required for a Window Sign as allowed herein. See Appendix 1, Figures 18, for graphic illustrations. 9. Door Signs. Door Signs are permitted provided that the Door Sign does not cover more than twenty-five percent (25%) of the area of any door. Door Signs shall not be illuminated. A sign permit is not required for a Door Sign as allowed herein. 10. Wall-Mounted Cabinet Signs. Permanent Wall-Mounted Cabinet Signs are allowed in non-residential zoning districts and shall be stylized in shape, rather than rectangular, to reflect the shape of the image printed on the Sign Face or the molded Sign Face, with embossed copy or sign copy or sign copy in relief. This provision does not apply to Canopy Signs for Service Islands regulated in Section 4.409.B.25, but this provision does apply to Projecting Signs and Projecting Roof Signs. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 34  Town of Gilbert Land Development Code 11. Projecting Signs. In Commercial and the Heritage Village Center Zoning Districts, permanent Projecting Signs are allowed when affixed to the exterior building wall of the tenant/user suite to which they are appurtenant. Projecting Signs shall be located at the customer entry area of the tenant/user suite if blinking, flashing or illumination elements are incorporated. The allowable sign area for a Projecting Sign shall be included in the Maximum Sign Area allowed in Section 4.409.B.3, and when combined with any other Sign Area, shall not exceed the Maximum Sign Area. Projecting Signs may be internally or indirectly illuminated, and may incorporate flashing or blinking elements within the allowable Sign Area. Lighting fixtures shall be decorative and architecturally compatible with the building. Projecting Signs shall be stylized in shape, rather than rectangular, to reflect the shape of the image printed on the Sign Face. Fixtures used to affix the Projecting Sign to building walls shall be decorative and architecturally compatible with the building. Recommended Guidelines for appropriate design, materials, and color of fixtures within the Heritage Village Center Zoning District are set forth in the Heritage District Redevelopment Plan. 12. Projecting Roof Signs. In Commercial and the Heritage Village Center Zoning Districts, permanent Projecting Roof Signs are allowed subject to the same criteria set forth above for Projecting Signs. However, the height of a Projecting Roof Signs shall not exceed the height of a roofline or parapet by more than twenty-five (25) percent of the overall height of the sign. The Planning Commission or the Redevelopment Commission as applicable may approve heights greater than the foregoing twenty-five (25) percent through a Comprehensive Sign Program, Master Sign Plan, Heritage Sign Plan or a Design Review application, only when the proposed plan or application demonstrates that the Projecting Roof Sign is incorporated into the building’s architecture. In no event shall a Projecting Roof Sign incorporated into the building’s architecture exceed the height of the building’s roofline or parapet by more than thirty (30) percent of the overall height of the sign. 13. Suspended Signs. In Commercial and the Heritage Village Center Zoning Districts, one (1) permanent Suspended Sign is allowed for each permitted tenant/user building elevation. The sign shall be suspended from a roof overhang of a covered porch or walkway, which is adjacent to the exterior building wall of the tenant/user suite to which the sign is appurtenant. The Sign Area shall not exceed six (6) square feet. The size of the Suspended Signs shall not be included in the Maximum Sign Area set forth in Section 4.409.B. Suspended Signs may be indirectly illuminated. Lighting fixtures shall be decorative and architecturally compatible with the building. Recommended Guidelines for appropriate design, materials, and color of fixtures within the Heritage Village Center Zoning District are set forth in the Heritage District Redevelopment Plan. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 35  Town of Gilbert Land Development Code 14. Drive-Through Lane Signs. No more than two (2) Drive-Through Lane Signs are allowed for each drive-through lane serving a business establishment. The signs may be either a wall mounted sign or a ground sign. The signs shall be no greater than fifty (50) square feet in area and seven (7) feet in height. A drive-through ground sign shall be constructed with a solid base. 15. Freestanding Sign: Monument Signs. a. For a nonresidential use in a Residential Zoning District, one (1) onsite Monument Sign is permitted for any lot or parcel with a minimum of one hundred (100) feet of street frontage. One (1) additional Monument Sign is permitted for any lot or parcel with street frontage greater than or equal to 250 feet but less than 400 feet. One (1) additional Monument Sign is permitted for each additional three hundred (300) feet of street frontage. The size of a Monument Sign shall not exceed thirty-two (32) square feet in area and eight (8) feet in height. Monument Signs shall be set back a minimum of three (3) feet from the right-of-way. b. In Commercial and Public Facility/Institutional Zoning Districts, one (1) onsite Monument Sign is permitted for any lot or parcel with a minimum of 100 feet of street frontage. One (1) additional Monument Sign is permitted for any lot or parcel with street frontage greater than or equal to 250 feet but less than 400 feet. One (1) additional Monument Sign is permitted for each additional three hundred (300) feet of street frontage. The height of a Monument Sign shall be no greater than twelve (12) feet to the top of design embellishments, and the Sign Face shall be located between two (2) feet and ten (10) feet above grade with design embellishments added to the top, sides or bottom of the sign. The size of a Monument Sign shall not exceed sixty (60) square feet in area. Monument Signs shall be set back a minimum of three (3) feet from the right- of-way. Monument Signs shall maintain a minimum spacing of one hundred (100) feet from any other Monument Sign on the same street frontage. c. In Office and Employment Zoning Districts, one (1) onsite Monument Sign is permitted for any lot or parcel with a minimum of 100 feet of street frontage. One (1) additional Monument Sign is permitted for any lot or parcel with street frontage greater than or equal to 250 feet but less than 400 feet. One (1) additional Monument Sign is permitted for each additional three hundred (300) feet of street frontage. The height of a Monument Sign shall be no greater than twelve (12) feet to the top of design embellishments, and the Sign Face shall be located between two (2) feet and ten (10) feet above grade with design embellishments added to the top, sides or bottom of the sign. The size of Monument Sign shall not exceed sixty (60) square feet in area. Monument Signs shall be set back a minimum of three (3) feet from the right-of-way. Monument Signs shall maintain a minimum spacing of one hundred (100) feet from any other Monument Sign on the same street frontage. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 36  Town of Gilbert Land Development Code d. In the Heritage Village Center Zoning District, one (1) onsite Monument Sign is permitted for any lot or parcel. A Monument Sign is permitted to assist in the safe movement of vehicular traffic on a property containing an existing building that exceeds the required build-to lines, as set forth in Section 2.403C: Build-To Lines. The height of a Monument Sign shall be no greater than six (6) feet, and the height measurement includes structural supports, monument base, architectural features of the structure, and nonstructural or decorative trim. The size of a Monument Sign shall not exceed thirty-two (32) square feet in area. Monument Signs shall be set back a minimum of three (3) feet from the right- of-way. Monument Signs shall maintain a minimum spacing of one hundred (100) feet from any other Monument Sign on the same street frontage. 16. Freestanding Sign: Tower Signs. In the Regional Commercial and General Commercial Zoning Districts for retail centers exceeding forty (40) net acres, and in the Office, Employment and Public Facility / Institutional Zoning Districts for sites that both abut a freeway and exceed forty (40) net acres, one (1) onsite Tower Sign is permitted for each five hundred (500) feet of street frontage, provided the total number of all Freestanding Signs, including Monument Signs, shall not exceed one (1) sign per three hundred (300) feet of street frontage. The maximum height of a Tower Sign shall not exceed fifteen (15) feet. The Sign Area of a Tower Sign shall not exceed eighty (80) square feet. The Maximum Sign Area of a Tower Sign may be increased by an additional twenty (20) square feet for the identification of tenants or occupants of suites five thousand (5,000) square feet or less in area. Tower Signs shall be set back a minimum of three (3) feet from the right-of-way. Tower Signs shall maintain a minimum spacing of three hundred (300) feet from any other Freestanding Sign on the same street frontage. 17. Freestanding Sign: Freeway Signs. In the Commercial, Office, Employment and Public Facility / Institutional Zoning Districts for properties that both exceed fifteen (15) acres and abut a freeway identified in the circulation element of the General Plan, one (1) onsite Freeway Sign shall be permitted for each four hundred (400) feet of freeway frontage. The height of the Freeway Sign shall not exceed sixty (60) feet above grade or thirty (30) feet above the grade of the nearest lanes of the adjacent freeway main travel surface, whichever is greater. The maximum size (area) for a Freeway Sign shall not exceed five hundred (500) square feet. The maximum size (area) of a Freeway Sign may be increased by an additional twenty (20) square feet for the identification of the center. Freeway signs shall be set back a minimum of one hundred fifty (150) feet from (i) the right-of-way other than a freeway and (ii) a property line adjacent to property designated for retail or residential use in the General Plan. Freeway Signs shall be located within one hundred (100) feet of the freeway right-of-way and shall be oriented to the freeway. A Freeway Sign shall be considered oriented to a freeway where the Sign Face makes an interior angle of more than thirty (30) degrees to the freeway. Freeway Signs shall maintain a minimum spacing of four hundred (400) feet from any other Freeway Sign on the same property. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 37  Town of Gilbert Land Development Code 18. Freestanding Sign: Onsite Traffic Directional Signs. In the Commercial, Heritage Village Center, Office, Employment, and Public Facility / Institutional Zoning Districts, Onsite Traffic Directional Signs are permitted as necessary to assist in movement of vehicular traffic on a property for the purpose of the safety of both pedestrian and vehicular traffic. The Sign Area of an Onsite Traffic Directional Sign shall not exceed three (3) square feet and the height of Onsite Traffic Directional Sign shall not exceed three (3) feet. An Onsite Traffic Directional Sign shall be set back a minimum of twenty-five (25) feet from the right-of-way, and shall not be located within the required perimeter landscape area. Onsite Traffic Directional Signs shall not be counted as part of a maximum or total sign area for any use. 19. Freestanding Sign: Residential Subdivision Entry Signs. A Residential Subdivision Entry Sign at the principal entry or entries to residential subdivisions may have one (1) entry sign on each side of the street. The Maximum Sign Area of the Residential Subdivision Entry Sign shall not exceed twenty-five (25) square feet and the maximum height shall not exceed eight (8) feet. The Residential Subdivision Entry Sign shall be set back a minimum of three (3) feet behind the right-of-way. A Residential Subdivision Entry Sign may be internally or indirectly illuminated. The Residential Subdivision Entry Sign shall be incorporated into the design of an entry wall, which shall be architecturally compatible with other subdivision improvements. Residential Subdivision Entry Sign structures require approval by the Design Review Board as part of the subdivision open space plan. Residential Subdivision Entry Sign structures that are added following the initial development of the subdivision require Administrative Design Review approval. 20. Freestanding Sign: Multi-Family Complex Entry Signs. A Multi-Family Complex Entry Sign at the principal entry or entries to a multi-family complex may have one (1) entry sign on each side of the street. The Maximum Sign Area of a Multi-Family Complex Entry Sign shall not exceed thirty-two (32) square feet and the maximum height shall not exceed eight (8) feet. The Multi-Family Complex Entry Sign shall be set back a minimum of three (3) feet behind the right-of-way. A Multi-Family Complex Entry Sign may be internally or indirectly illuminated. A Multi-Family Complex Entry Sign structure shall be architecturally compatible with the complex and shall be approved administratively. 21. Freestanding Sign: Directory Sign. In the Commercial, Office, Employment and Public Facility / Institutional Zoning Districts, one (1) Directory Sign is permitted for each four (4) commercial tenants or uses. The Maximum Sign Area of the Directory Sign shall not exceed forty (40) square feet and the maximum height of the Directory Sign shall not exceed eight (8) feet. A Directory Sign shall be set back a minimum of seventy-five (75) feet from any perimeter property line, except where such property line abuts other commercial or employment development and there is a cross-access between the commercial or employment properties. A Directory Sign shall only be installed onsite within landscape islands or pedestrian areas. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 38  Town of Gilbert Land Development Code In the Heritage Village Center Zoning District, one (1) Directory Sign is permitted for each four (4) commercial tenants or uses. The maximum size (area) of the Directory Sign shall not exceed six (6) square feet and the maximum height of the Directory Sign shall not exceed six (6) feet. A Directory Sign shall be integrated into the building architecture or located within a courtyard or similar feature of a building. 22. Awning Signs. In Commercial and the Heritage Village Center District, an Awning Sign may be located on the valance of an awning. The Sign Area of an Awning Sign, together with the Sign Area of any other allowed lawful and permitted signs for the same building, shall not exceed the limitation for the Sign Allowance Area set forth in Section 4.409.B. Graphics shall be permanently affixed to the awning, and may be silkscreen, painted, cutout lettering heat color transfer, pressure sensitive vinyl films, sewn applique signs, or similar to the foregoing. An Awning Sign may be indirectly illuminated or backlit. An Awning Sign shall not obstruct sidewalks, required accessible paths of travel, or the visibility of other signs. Lighting fixtures shall be decorative and architecturally compatible with the building. Recommended Guidelines for appropriate design, materials, and color of fixtures are set forth in the Heritage District Redevelopment Plan. 23. Marquee Signs. In Commercial Zoning Districts and the Heritage Village Center District, a Marquee Sign may be located on a marquee that is approved by the Planning Commission or the Redevelopment Commission as applicable as part of a Design Review application, a Comprehensive Sign Program, Master Sign Plan or Heritage Sign Plan. A Marquee Sign shall only be affixed on a marquee located at the primary entrance of the tenant/user suite to which it is appurtenant. The Sign Area of the Marquee Sign, together with the Sign Area of any other allowed lawful and permitted signs for the same building, shall not exceed the limitation for the Sign Allowance Area set forth in Section 4.409.B. The colors, materials, and design of a Marquee Sign shall complement the design of the building(s) which it serves. A Marquee Sign may be internally or indirectly illuminated. Marquee Signs shall not be visible from adjacent residential properties. A Marquee Sign may include a manual Changing Message Display and sign copy shall only be changed manually. Electronic or mechanical sign copy change is prohibited. A Marquee Sign shall not obstruct sidewalks, required accessible paths of travel, or the visibility of other signs. Lighting fixtures shall be decorative and architecturally compatible with the building, and a marquee sign may incorporate flashing or blinking elements within the permitted Sign Area. Recommended Guidelines for appropriate design, materials, and color of fixtures and the appropriate flashing and blinking frequency within the Heritage Village Center District are set forth in the Heritage District Redevelopment Plan. 24. Canopy Signs for Service Islands. Each service island may have up to two (2) Canopy Signs per service island. The Sign Area of a Canopy Sign shall not exceed twelve (12) square feet. No part of the sign shall project from a canopy wall by more than six (6) inches. A Canopy Sign shall be vertically centered on the face of the canopy and the Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 39  Town of Gilbert Land Development Code height shall not exceed eighty (80) percent of the vertical dimension of the canopy wall on which the sign is placed. The Sign Area of a Canopy Sign shall not count against the Maximum Sign Area allowed for Wall Signs on the parcel. 25. Historic Markers. One (1) Historic Marker per parcel is allowed. The Sign Area of a Historic Marker shall not exceed six (6) square feet. 4.4010 Residential Zoning Districts In Residential Zoning Districts, the Permanent Sign types allowed and the applicable permitting plan or program and/or other review process are set forth below in Table 4.4010. Refer to each sign type for criteria and limitations as more specifically set forth in Section 4.409.B. Table 4.4010: Permanent Signs Allowed in Residential Zoning Districts Sign Type Allowed 1. Street Address Signs Yes 2. Unit and Building Identification Signs Yes 3. Wall Signs at Entrances to Dwelling Units Yes 4. Painted Wall Signs No 5. Wall Signs at Entrances to Non-Residential Tenant No Offices and Suites 6. Wall Signs at Entrances to Restaurants No 7. Wall Signs at Service and Delivery Entrances No 8. Window Signs No 9. Door Signs Yes 10. Wall-Mounted Cabinet Signs No 11. Projecting Signs No 12. Projecting Roof Signs No 13. Suspended Signs No 14. Drive-Through Lane Signs No 15. Freestanding Sign: Monument Signs No 16. Freestanding Sign: Tower Signs No 17. Freestanding Sign: Freeway Signs No 18. Freestanding Sign: Onsite Traffic Signs No 19. Freestanding Sign: Residential Subdivision Entry Signs Yes 20. Freestanding Sign: Multi-Family Complex Entry Signs Yes 21. Freestanding Sign: Directory Signs No 22. Awning Signs No 23. Marquee Signs No 24. Canopy Signs for Service Islands No 25. Historic Markers Yes Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 40  Town of Gilbert Land Development Code 4.4011 Nonresidential Uses in Residential Zoning Districts For non-residential uses in Residential Zoning Districts, the Permanent Sign types allowed and the applicable permitting plan or program and/or other review process are set forth below in Table 4.4011. Refer to each sign type for criteria and limitations as more specifically set forth in Section 4.409.B. Table 4.4011: Permanent Signs Allowed for Non-Residential Uses in Residential Zoning Districts Sign Type Allowed 1. Street Address Signs Yes 2. Unit and Building Identification Signs Yes 3. Wall Signs at Entrances to Dwelling Units Yes 4. Painted Wall Signs No 5. Wall Signs at Entrances to Non-Residential Tenant No Offices and Suites 6. Wall Signs at Entrances to Restaurants No 7. Wall Signs at Service and Delivery Entrances No 8. Window Signs Yes 9. Door Signs Yes 10. Wall-Mounted Cabinet Signs No 11. Projecting Signs No 12. Projecting Roof Signs No 13. Suspended Signs No 14. Drive-Through Lane Signs No 15. Freestanding Sign: Monument Signs Yes 16. Freestanding Sign: Tower Signs No 17. Freestanding Sign: Freeway Signs No 18. Freestanding Sign: Onsite Traffic Signs No 19. Freestanding Sign: Residential Subdivision Entry Signs No 20. Freestanding Sign: Multi-Family Complex Entry Signs No 21. Freestanding Sign: Directory Signs No 22. Awning Signs No 23. Marquee Signs No 24. Canopy Signs for Service Islands No 25. Historic Markers Yes Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 41  Town of Gilbert Land Development Code 4.4012 Commercial Zoning Districts In Commercial Zoning Districts, the Permanent Sign types allowed and the applicable permitting plan, program or other review process are set forth below in Table 4.4012. Refer to each sign type for criteria and limitations as more specifically set forth in Section 4.409.B. Table 4.4012: Permanent Signs Allowed in Commercial Zoning Districts Sign Type Allowed 1. Street Address Signs Yes 2. Unit and Building Identification Signs Yes 3. Wall Signs at Entrances to Dwelling Units Yes 4. Painted Wall Signs Yes 5. Wall Signs at Entrances to Non-Residential Tenant Yes Offices and Suites 6. Wall Signs at Entrances to Restaurants Yes 7. Wall Signs at Service and Delivery Entrances Yes 8. Window Signs Yes 9. Door Signs Yes 10. Wall-Mounted Cabinet Signs Yes 11. Projecting Signs Yes 12. Projecting Roof Signs Yes 13. Suspended Signs Yes 14. Drive-Through Lane Signs Yes 15. Freestanding Sign: Monument Signs Yes 16. Freestanding Sign: Tower Signs Yes 17. Freestanding Sign: Freeway Signs Yes 18. Freestanding Sign: Onsite Traffic Signs Yes 19. Freestanding Sign: Residential Subdivision Entry Signs No 20. Freestanding Sign: Multi-Family Complex Entry Signs Yes 21. Freestanding Sign: Directory Signs Yes 22. Awning Signs Yes 23. Marquee Signs Yes 24. Canopy Signs for Service Islands Yes 25. Historic Markers Yes Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 42  Town of Gilbert Land Development Code 4.4013 Heritage Village Center Zoning District In the Heritage Village Center Zoning District, the Permanent Sign types allowed and the applicable permitting plan, program or review process are set forth below in Table 4.4013. Refer to each sign type for criteria and limitations as more specifically set forth in Section 4.409.B. Table 4.4013: Permanent Signs Allowed in the Heritage Village Center Zoning District Sign Type Allowed 1. Street Address Signs Yes 2. Unit and Building Identification Signs Yes 3. Wall Signs at Entrances to Dwelling Units Yes 4. Painted Wall Signs Yes 5. Wall Signs at Entrances to Non-Residential Tenant Yes Offices and Suites 6. Wall Signs at Entrances to Restaurants Yes 7. Wall Signs at Service and Delivery Entrances Yes 8. Window Signs Yes 9. Door Signs Yes 10. Wall-Mounted Cabinet Signs Yes 11. Projecting Signs Yes 12. Projecting Roof Signs Yes 13. Suspended Signs Yes 14. Drive-Through Lane Signs Yes 15. Freestanding Sign: Monument Signs Yes 16. Freestanding Sign: Tower Signs No 17. Freestanding Sign: Freeway Signs No 18. Freestanding Sign: Onsite Traffic Signs Yes 19. Freestanding Sign: Residential Subdivision Entry Signs No 20. Freestanding Sign: Multi-Family Complex Entry Signs Yes 21. Freestanding Sign: Directory Signs Yes 22. Awning Signs Yes 23. Marquee Signs Yes 24. Canopy Signs for Service Islands No 25. Historic Markers Yes Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 43  Town of Gilbert Land Development Code 4.4014 Office Zoning Districts In the Office Zoning Districts, the Permanent Sign types allowed and the applicable permitting plan, program or other review process are set forth below in Table 4.4014. Refer to each sign type for criteria and limitations as more specifically set forth in Section 4.409.B. Table 4.4014: Permanent Signs Allowed in Office Zoning Districts Sign Type Allowed 1. Street Address Signs Yes 2. Unit and Building Identification Signs Yes 3. Wall Signs at Entrances to Dwelling Units Yes 4. Painted Wall Signs No 5. Wall Signs at Entrances to Non-Residential Tenant Yes Offices and Suites 6. Wall Signs at Entrances to Restaurants Yes 7. Wall Signs at Service and Delivery Entrances Yes 8. Window Signs Yes 9. Door Signs Yes 10. Wall-Mounted Cabinet Signs Yes 11. Projecting Signs No 12. Projecting Roof Signs No 13. Suspended Signs No 14. Drive-Through Lane Signs Yes 15. Freestanding Sign: Monument Signs Yes 16. Freestanding Sign: Tower Signs Yes 17. Freestanding Sign: Freeway Signs Yes 18. Freestanding Sign: Onsite Traffic Signs Yes 19. Freestanding Sign: Residential Subdivision Entry Signs No 20. Freestanding Sign: Multi-Family Complex Entry Signs No 21. Freestanding Sign: Directory Signs Yes 22. Awning Signs No 23. Marquee Signs No 24. Canopy Signs for Service Islands Yes 25. Historic Markers Yes Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 44  Town of Gilbert Land Development Code 4.4015 Employment Zoning Districts In Employment Zoning Districts, the Permanent Sign types allowed and the applicable permitting plan, program or other review process are set forth below in Table 4.4015. Refer to each sign type for criteria and limitations as more specifically set forth in Section 4.409.B. TABLE 4.4015: Permanent Signs Allowed in Employment Zoning Districts Sign Type Allowed 1. Street Address Signs Yes 2. Unit and Building Identification Signs Yes 3. Wall Signs at Entrances to Dwelling Units Yes 4. Painted Wall Signs No 5. Wall Signs at Entrances to Non-Residential Tenant Yes Offices and Suites 6. Wall Signs at Entrances to Restaurants Yes 7. Wall Signs at Service and Delivery Entrances Yes 8. Window Signs Yes 9. Door Signs Yes 10. Wall-Mounted Cabinet Signs Yes 11. Projecting Signs No 12. Projecting Roof Signs No 13. Suspended Signs No 14. Drive-Through Lane Signs Yes 15. Freestanding Sign: Monument Signs Yes 16. Freestanding Sign: Tower Signs Yes 17. Freestanding Sign: Freeway Signs Yes 18. Freestanding Sign: Onsite Traffic Signs Yes 19. Freestanding Sign: Residential Subdivision Entry Signs No 20. Freestanding Sign: Multi-Family Complex Entry Signs No 21. Freestanding Sign: Directory Signs Yes 22. Awning Signs No 23. Marquee Signs No 24. Canopy Signs for Service Islands Yes 25. Historic Markers Yes Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 45  Town of Gilbert Land Development Code 4.4016 Public Facility/Institutional In Public Facility/Institutional Zoning Districts, the Permanent Sign types allowed and the applicable permitting plan, program or review processes are set forth below in Table 4.416. Refer to each sign type for criteria and limitations as more specifically set forth in Section 4.409.B. TABLE 4.4016: Permanent Signs Allowed in Public Facility/Institutional Districts Sign Type Allowed 1. Street Address Signs Yes 2. Unit and Building Identification Signs Yes 3. Wall Signs at Entrances to Dwelling Units No 4. Painted Wall Signs No 5. Wall Signs at Entrances to Non-Residential Tenant Yes Offices and Suites 6. Wall Signs at Entrances to Restaurants Yes 7. Wall Signs at Service and Delivery Entrances Yes 8. Window Signs Yes 9. Door Signs Yes 10. Wall-Mounted Cabinet Signs Yes 11. Projecting Signs No 12. Projecting Roof Signs No 13. Suspended Signs No 14. Drive-Through Lane Signs Yes 15. Freestanding Sign: Monument Signs Yes 16. Freestanding Sign: Tower Signs Yes 17. Freestanding Sign: Freeway Signs Yes 18. Freestanding Sign: Onsite Traffic Signs Yes 19. Freestanding Sign: Residential Subdivision Entry Signs No 20. Freestanding Sign: Multi-Family Complex Entry Signs No 21. Freestanding Sign: Directory Signs Yes 22. Awning Signs No 23. Marquee Signs No 24. Canopy Signs for Service Islands No 25. Historic Markers Yes Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 46  Town of Gilbert Land Development Code 4.4017 Sign Maintenance Maintenance of legal signs is allowed and maintenance of the same shall not require a permit. Sign maintenance is the replacement or repair of a part or portion of a sign required by ordinary wear, tear, or damage, with like material, color, and design. Maintenance of legal signs does not include changing the color, size, design, or style of signs. Any sign or component of a sign which is in a damaged or deteriorated condition and constitutes a danger or hazard to public safety shall be promptly repaired or replaced. Surface materials and components shall be kept free of chipping, peeling, fading, cracks, holes, buckles, warps, splinters, or rusting visible from an adjacent property or street. Illuminated signs shall be maintained in good operating condition including prompt removal and replacement of all defective bulbs, light emitting diodes, fluorescent tubes, neon or other inert gas light segments, damaged or deteriorated electrical wiring, and malfunctioning control devices and related circuitry. 4.4018 Nonconforming Signs It is the intent of this section to recognize that the eventual elimination of nonconforming signs as expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this Article. The following provisions shall govern nonconforming signs. A. Non-conforming signs may receive reasonable repairs or alterations to the face, letters, and frame. B. If a non-conforming sign is structurally changed or is damaged by fire, lack of maintenance, or other causes by more than 50 percent of its reproduction value, or is temporarily or permanently removed by any means, including “acts of God,” then such sign shall be rebuilt, repaired, or replaced only in conformance with the provisions of this Article. C. If a non-conforming sign becomes an abandoned sign, it shall be removed after notice to the property owner, unless in the case of an abandoned sign the property owner establishes facts sufficient to rebut the presumption of abandonment. D. If a property or development is expanded or modified to add new signage, all nonconforming signs shall be removed or rebuilt to comply with the provisions of this Article. E. Sign Faces s may be replaced on non-conforming signs. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 47  Town of Gilbert Land Development Code F. Any change to a property that adds to or changes existing signage shall be prohibited until all non-conforming signs are removed or rebuilt in conformance with this Article. Nothing herein shall prevent the replacement of Sign Faces on a nonconforming sign. Nothing herein shall require that existing signage which does not conform to the restrictions on Cabinet Signs or raceways be brought into conformance where it is demonstrated to the Zoning Administrator that the type of signage permitted by this Article is not structurally feasible. 4.4019 Sign Violations A. Requirement of Permit. Unless specifically exempted herein, it shall be unlawful for any person to construct, install, attach, place, paint, alter, relocate, or otherwise maintain any sign in the Town without first obtaining a sign permit in accordance with the provisions of this Article. B. Requirement of Compliance. Signs shall be installed, placed, or maintained in the Town only in compliance with this Article. If provisions of this Article are in conflict with any other Town code, the more restrictive requirement(s) shall apply. Signs maintained contrary to the provisions of this Article are declared to be nuisances and may be abated as provided by law. The responsibility for compliance with this chapter rests jointly and severally upon the sign owner, the permit holder, any and all parties holding the present right of possession and control of the property whereon a sign is located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control. C. Permanent Signs. 1. Notice of Violation. Notice of violation of this Article shall be provided by a Code Compliance Officer to one or more of the responsible persons listed in section B above. The time periods provided for correction of the violation shall be: a. A ten (10) calendar day written notice shall be provided. b. If determined to be in an unsafe condition, a two (2) calendar day written notice shall be provided. If the correction has not been made within forty-eight (48) hours, the building official may have the sign removed if it creates a danger to the public safety or have any necessary repairs or maintenance performed at the expense of the sign owner or owner or lessee of the property upon which the sign is located. 2. Enforcement. a. The Code Compliance Manager is authorized to require removal of any sign installed in violation of this Article. In the case of a sign code violation where the Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 48  Town of Gilbert Land Development Code offending sign has been removed by the Code Compliance Officer, the notice shall state the reason for its removal. b. The Building Official is authorized to remove or require the immediate removal or repair without written notice of any unsafe sign that creates an immediate hazard to persons or property. c. Recovery of Costs. The costs of removal or repair of a sign by the Town shall be borne by the person who installed the sign, and, if unknown, the owner or lessee of the sign and of the property on which the sign is located. If the Town incurs costs in the removal of repair of a sign, the Town may bring an action in Municipal Court or Superior Court to recover its costs. D. Temporary Signs-Generally. 1. Notice of Violation. a. For Temporary Signs, other than A-Frame/T-Frame Signs and Flying Banners which are addressed in Section 4.4019.E below, a two (2) calendar day written notice shall be provided. b. A notice of violation is not required for a Temporary Sign placed within the right-of-way, and such signs may be removed immediately by the Town at any time and without notice. 2. Enforcement. The Code Compliance Manager may remove or cause to be removed any Temporary Sign which is not removed by the owner. E. Temporary Signs: A-Frame and T-Frame Signs; Flying Banner Signs. 1. Notice of Violation, Enforcement and Penalties. a. First Offense. (1) A two-day written notice of the violation shall be given by the Code Compliance Manager to the owner or lessee of the business to which the sign relates, or, if such violation relates to the spacing requirements set forth in Section 4.408 a written notice shall be given to all owners or lessees of businesses to which the signs relate. (2) Upon receipt of the notice, the owner or lessee of the business or businesses to which the sign(s) relate shall bring the sign(s) into conformance with this Article. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 49  Town of Gilbert Land Development Code b. Second Offense. (1) If the Code Compliance Manager finds that there is a second violation by the same owner or lessee of a business to which a sign relates within any twenty-four (24) month period, then no notice shall be required. The offending A-Frame/T-Frame Sign or Flying Banner Sign shall be subject to immediate confiscation. For purposes of calculating the twenty-four (24) month period, the date of the commission of the first offense shall be used. (2) If the violation relates to the spacing requirements set forth in Section 4.408, then all signs in violation shall be subject to confiscation regardless of which sign was placed first. (3) The Code Compliance Manager shall give notice to the owner or lessee of the business to which a sign relates that the sign has been confiscated and that if not claimed within five (5) calendar days from the date of the notice, the sign shall be disposed of by the Town. c. Third Offense. (1) If the Code Compliance Manager finds that there is a third violation by the same owner or lessee of a business to which a sign relates within any twenty-four (24) month period, such sign shall be confiscated. For purposes of calculating the twenty-four (24) month period, the date of the commission of the first offense shall be used. (2) If the Code Compliance Manager finds that there is a third violation by the same owner or lessee of a business to which a sign relates within any twenty-four (24) month period, A-Frame Signs, T-Frame Signs, and Flying Banners relating to the business shall not be permitted. d. Fourth Offense. (1) If the Code Compliance Manager finds that there is a fourth violation by the same owner or lessee of a business to which a sign relates within any 24 month period, the owner or lessee of the business shall be guilty of a Class I Misdemeanor but shall be exposed to civil fines only for the conviction. For purposes of calculating the 24 month period, the date of the commission of the first offense shall be used. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 50  Town of Gilbert Land Development Code (2) Upon conviction of a violation of this Article, the court shall order a person who has been convicted of a violation of this section to pay a fine of not less than $500.00 for each count upon which a conviction has been obtained. 4.4020 State Preemption This Article shall be interpreted and enforced consistent with state law. 4.4021 Severability A. Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article. B. Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth in subsection (1), above, or elsewhere in this Article, the LDC, the Gilbert Code of Ordinances, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this division is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this division, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise. C. Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth in subsection (1), above, or elsewhere in this Article, the LDC, the Gilbert Code of Ordinances, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this division or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under Section 4.404, Prohibited Signs, of this Article. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Section 4.404 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Section 4.404 thereby ensuring that as many prohibited sign types as may be constitutionally prohibited continue to be prohibited. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 51  Town of Gilbert Land Development Code D. Severability of prohibition on Billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this division and/or any other code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on Billboards as contained in this Article, the LDC, or the Gilbert Code of Ordinances, or any adopting ordinance. Revised 6-29-17 Chapter I, Article 4.4 Sign Regulations Page 52