COLUMBIA MUNICIPAL CODE

Title 15

BUILDINGS AND CONSTRUCTION

Chapters:

15.04    BUILDING PERMITS

15.08    BUILDING CODE

15.09    PROPERTY MAINTENANCE CODE

15.12    HOUSE NUMBERING

15.16    MOVING BUILDINGS

15.20    DANGEROUS BUILDINGS

15.24    DEMOLITION OF BUILDINGS

15.28    MISCELLANEOUS CONSTRUCTION REGULATIONS

15.32    ELECTRICAL CODE

15.36    HOUSING CODE

15.40    PLUMBING CODE

15.44    SIGN CODE

15.48    INDUSTRIAL STANDARDS CODE

15.52    STORMWATER MANAGEMENT

15.56    MOBILEHOME PARKS

15.60    FLOOD HAZARD PROTECTION REGULATIONS

15.64    HISTORIC SITE PRESERVATION

15.66    ARCHITECTURAL REVIEW BOARD

15.68    UNENCLOSED REFUSE CONTAINERS OR DUMPSTERS

15.69    STORAGE TRAILERS

15.70    REGULATION OF DUMPSTERS LOCATED IN TRAFFIC RIGHTS-OF-WAY

15.71    MASONRY COVERAGE REQUIREMENT

 

 

Chapter 15.04

BUILDING PERMITS

Sections:

15.04.010    Definitions.

15.04.020    Permit required.

15.04.030    Application.

15.04.040    Approval of plans.

15.04.050    Fee.

15.04.060    Permit expiration.

15.04.070    Variations.

15.04.080    Enforcement of provisions.

15.04.090    Violation--Penalty.

Section 15.04.010    Definitions.

    As used in this chapter:

    "Building" means a structure having a roof supported by columns or walls for the shelter, support, enclosure or protection of persons, animals, chattels or property.

    "Commercial building" means any building which is not a residential or industrial building as herein defined.

    "Family" means one or more persons who live together in one dwelling unit and maintain a common household.

    "Industrial building" means a building constructed for light industrial use as defined in Section 17.32.020, as from time to time amended.

    "Residential building" means a building designed or used exclusively as the living quarters for one or more families.

    "Structure" means anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground, which is not a building. (Ord. 778 § 1, 1989: Ord. 643 § 1, 1987: prior code § 5-1-0)

15.04.010

 

Section 15.04.020    Permit required.

        It is unlawful to:  (a) construct any building with finished floors under roof, without regard to the cost of the construction thereof; or (b) to construct or alter any other building or structure in the City, except fences; or (c) to install exterior wall siding on a building without first having obtained a building permit for the same from the City's Building Commissioner.  (Ord. 2394, passed and approved 08/15/2005. Repealed Ord. 2383)     

 

.(Ord. 778 § 2, 1989: Ord. 643 § 2, 1987: prior code § 5-1-1)

15.04.020

(Ord. 2394, Amended, 08/15/2005, Repealed Ord. 2383.; Ord. 2383, Amended, 07/18/2005; Ord. 778, Amended, 01/01/1989)

 

Section 15.04.030    Application.

    Applications for such permits shall be made in writing by the owner of the premises or by the architect or contractor in charge of the operations, to the city clerk and shall be accompanied by plans and specifications, in duplicate, showing the work to be done; such plans shall be verified by the signature of either such owner, architect or contractor. In any case where permits for sewer or water connection, or both shall be required, no building permits shall be issued until application shall also have been made, and permit granted for such sewer or water connection, or both. (Prior code § 5-1-2)

15.04.030

 

Section 15.04.040    Approval of plans.

    Such applications with plans shall be referred to the building inspector, who shall examine the same to determine whether the proposed operations will conform with the ordinance and statutory provisions relating thereto. Upon approval, one set of the plans shall be returned to the applicant, with a permit, and the other shall be retained by the building inspector. No permit shall be issued except after approval of the plans and the payment of the fee herein provided for. (Prior code § 5-1-3)

15.04.040

 

Section 15.04.050    Fee.

    The fee for a permit for construction of a building with finished floors under roof shall be based upon the area, in square feet, of finished floors under roof, and shall be in the amount and for the term to be set by City ordinance from time to time.

    The fee for all other construction or alterations of buildings or structures in the City for which a building permit is required under Section 15.04.020, shall be in the amount and for the term to be set by City ordinance from time to time. (Amended during 1997 codification: Ord. 778 § 4, 1989: Ord. 643 § 3, 1987: prior code § 5-1-4)

15.04.050

    The building permit fee required under Section 15.04.020 may be waived by the City Council for historically significant buildings or other historically significant structures as is allowed and provided for by Section 15.64.280 of Chapter 15.64 of this municipal code.

(15.04.050 (Ord. 2146), Amended, 02/17/2003)

 

Section 15.04.060    Permit expiration.

    Building permits expire one year after date from day it is issued.

    Exterior of building or structure must be completed within the year's time (three hundred sixty-five (365) days), or building permit will have to be renewed to continue construction of exterior of building or structure. (Ord. 778 § 3, 1989)

15.04.060

 

Section 15.04.070    Variations.

    It is unlawful to vary materially from the approved plans and specifications deposited with and approved by the building inspector unless amended plans and specifications showing such proposed alteration or variation are first submitted to the building inspector, in duplicate and duly approved by him, and if such alteration or variation will result in an increase in the total cost of the work, a statement to this effect shall be made on such additional plans and the necessary additional fee shall be paid. (Prior code § 5-1-5)

15.04.070

 

Section 15.04.080    Enforcement of provisions.

    It shall be the duty of the building inspector and any lawfully appointed deputies to enforce the provisions of this chapter. The building inspector is empowered to make such inspections as may be necessary to see to the enforcement of these provisions, and to make any proper tests or examinations of materials or methods to be used for the purpose of seeing if they comply with the requirements of this chapter. (Prior code § 5-1-6)

15.04.080

 

Section 15.04.090    Violation--Penalty.

    Any person, firm or corporation violating any provision of this chapter shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Prior code § 5-1-7)



 

Chapter 15.08

BUILDING CODE

Sections:

15.08.010    Building code adoption.

15.08.020    Additions, insertions and changes.

15.08.030    Property maintenance code adoption.

Section 15.08.010    Building code adoption.

         Except as otherwise stated in Section 15.08.020 hereof, the following International Building Codes published by the International Code Council in 2006, as from time to time supplemented and amended, are hereby adopted as Building Codes of the City of Columbia, Illinois, for the control and regulation of the construction of buildings, building improvements, and structures as is in said International Codes made and provided; and each and all of the regulations, provisions, penalties, terms and conditions of said International Building Codes, as from time to time supplemented and amended, is hereby adopted and incorporated herein by reference the same as if set forth herein verbatim, as the Building Codes of the City of Columbia, Illinois, to wit:

 

(1)    The ‘2006 edition of the International Fire Code’, regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems in the City of Columbia, Illinois and providing for the issuance of permits and collection of fees therefor.

 

(2)    The ‘2006 edition of the International Existing Building Code’, regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, in the City of Columbia, Illinois and providing for the issuance of permits and collection of fees therefor.

 

(3)    The ‘2006 edition of the International Property Maintenance Code’, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the City of Columbia, Illinois and providing for the issuance of permits and collection of fees therefor.

 

(4)    The ‘2006 edition of the International Fuel Gas Code’, regulating and governing fuel gas systems and gas-fired appliances in the City of Columbia, Illinois and providing for the issuance of permits and collection of fees therefor.

 

(5)    The ‘2006 edition of the International Mechanical Code’, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, replacement, addition to, use or maintenance of mechanical systems in the City of Columbia, Illinois and providing for the issuance of permits and collection of fees therefor.

 

(6)    The ‘2006 edition of the International Residential Code’, regulating and governing the construction, alteration, movement, enlargement, repair, equipment, location, removal and demolition of detached one and two family dwellings and multiple single family dwellings (townhouses) not more than three stories in height with separate means of egress in the City of Columbia, Illinois and providing for the issuance of permits and collection of fees therefor.

 

(7)    The ‘2006 International Building Code’, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures in the City of Columbia, Illinois and providing for the issuance of permits and collection of fees therefor.

 

Subsequent editions of the above mentioned International Building Codes that are published hereafter shall be deemed adopted and incorporated as the City's Building Codes, as provided above and as they are printed and published, with appropriate ordinances of the City to be enacted as soon as practicable thereafter to supply the additions, insertions and changes (if any) required, so that the City Building Codes shall be the most recent editions of the International Building Codes as are from time to time published.

        

(Ord. 1970-07/02/2001; Ord. 1480 § 1, 1996: Ord. 852 § 1, 1990: Ord. 642 § 1, 1987: prior code § 5-3-1)

15.08.010

(Ordinance No. 2641, Amended, 04/07/2008, Amended Section 15.08.010 (Building Code Adoption).; Ord. 2394, Amended, 08/15/2005; Ord. 2383, Amended, 07/18/2005; 15.08.010 (Ord. 1970), Amended, 07/02/2001; 15.08.010, Amended, 07/02/2001)

 

Section 15.08.020    Additions, insertions and changes.

The following sections of the 2006 editions of the International Building Codes adopted by the preceding Section 15.08.010 hereof are hereby revised, supplemented and amended, as follows:

 

“Title” is hereby changed and amended to read as follows:

 

These regulations shall be known as the Building Codes of Columbia, Illinois, hereinafter referred to as "this Code".

 

“Fee Schedule” is hereby changed and amended to read as follows:

 

Fee Schedule:   A building permit fee shall be paid in accordance with the schedule published in Section 18.25 (Building Permits) of Title 18 (FEES AND CHARGES TO BE ASSESSED FOR CITY SERVICES AND BUSINESS LICENSE FEES TO BE ASSESSED FOR THE CONDUCT AND OPERATION OF BUSINESSES, OCCUPATIONS AND PROFESSIONS IN THE CITY)  for the City of Columbia’s Municipal Code in effect at the time of reference.

 

“Violation or Penalties” is hereby amended to read as follows:

 

Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of an offense, punishable by a fine of not less than seventy five dollars ($75) or more than seven hundred fifty dollars ($750), or by imprisonment for not to exceed six (6) months, or both such fine and imprisonment.  Each day that the violation continues after due notice of violation has been served shall be deemed a separate offense.

 

“Unlawful Continuance” is hereby changed and amended to read as follows:

 

Any person who shall continue any work in or about a building or other structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not less than seventy-five dollars ($75.00) or more than seven hundred fifty dollars ($750). Each day that the continuance persists shall be deemed a separate offense.

 

“Applicability” is hereby changed and amended as follows:

 

    Structures existing prior to January 1, 2006, in which there is work involving additions, alterations or changes of occupancy, shall be made to conform to the requirements of Section 15.08.010 hereof, as changed and amended by Section 15.08.020 hereof.

 

“Footings and Foundations” is hereby changed and amended as follows:

 

    Structural requirements for building footings and foundations shall be in compliance with the requirements for ‘Foundations and Retaining Walls’ made and provided for in Chapter 18 of the 1999 BOCA National Building Code or the requirements of the applicable International Building Code which is adopted by Section 15.08.010 hereof, whichever Code provides for and requires the higher and stricter construction standard.

    

(Ord. 1970 - 07/02/2001);(Ord. 1480 § 2, 1996)

(Ordinance No. 2641, Amended, 04/07/2008, Section 15.08.020 (Additions, insertions and changes) ; 15.08.020 (Ord. 1970), Amended, 07/02/2001; 15.08.020, Amended, 07/02/2001)

 

Section 15.08.030    Property maintenance code adoption.

        The 2006 International Property Maintenance Code Published by the International Code Council, as from time to time amended and supplemented, is hereby adopted and incorporated herein by reference as the Property Maintenance Code of the City of Columbia, Illinois and may be printed in pamphlet form. Subsequent editions of said Property Maintenance Code that are published hereafter shall be deemed adopted and incorporated herein in the City’s Building Codes as they are published and printed. Appropriate ordinances of the City, if any be required, shall be enacted as soon as practicable thereafter to supply any additions, insertions or other changes required, so that the City’s building codes shall incorporate the most recent edition of the International Property Maintenance Code in publication at the time of reference.

(Ordinance No. 2641, Amended, 04/07/2008, Section 15.08.030 Property maintenance code adoption ; Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code.)



 

Chapter 15.09

PROPERTY MAINTENANCE CODE

Sections:

15.09.010    Property Maintenance Code.

15.09.020    Purpose.

15.09.030    Maintenance and repairs.

15.09.040    Construction approval.

15.09.050    Certificate of dwelling maintenance and occupancy permit.

15.09.060    Inspections.

15.09.070    Violations.

15.09.080    Condemnation measures.

15.09.090    Demolition or repair of dangerous buildings.

15.09.100    Emergency measures.

15.09.110    Right of appeal.

15.09.120    Disclaimer of liability.

15.09.130    Disclaimer of warranties.

15.09.140    Indemnity.

 

Sections:

Section 15.09.010    Property Maintenance Code.

    The 2006 International Property Maintenance Code Published by the International Code Council, as from time to time amended and supplemented, is hereby adopted and incorporated herein by reference as the Property Maintenance Code of the City of Columbia, Illinois and may be printed in pamphlet form. Subsequent editions of said Property Maintenance Code that are published hereafter shall be deemed adopted and incorporated herein in the City’s Building Codes as they are published and printed. Appropriate ordinances of the City, if any be required, shall be enacted as soon as practicable thereafter to supply any additions, insertions or other changes required, so that the City’s Property Maintenance Code shall incorporate the most recent edition of the International Property Maintenance Code in publication at the time of reference. 1

5.09.010

(Ordinance No. 2641, Amended, 04/07/2008, Section 15.09.010 changed from Residental property Maintenance Code to Property Maintenance Code.; Ordinance No. 2641, Amended, 04/07/2008, Chapter 15.09 (Residential Property Maintenance Code) changed to 15.09 (Property Maintenance Code).; Ord. 2381, Added, 07/18/2005, Repealed Rental Property Maintenance Code and enacted a Residential Property Maintenance Code.)

 

Section 15.09.020    Purpose.

     The regulations contained in this code are intended to protect the public health, safety and welfare of the residents of the City of Columbia, Illinois (the “city”) by establishing minimum requirements and standards for single family and multi-family dwellings, uses, premises, buildings, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators, and occupants; regulating the occupancy and use of existing dwelling structures and uses and existing dwelling premises, and providing for administration, enforcement and penalties.  (Ord. 1686 § 1 (part), 1998)

15.09.020

(Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code.; Ord. 2383, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code.)

 

Section 15.09.030    Maintenance and repairs.

A.    Application of Building Codes.  Any repairs or alterations to a dwelling structure or use, or part thereof, or changes in the use therein, shall be done in accordance with the procedures and provisions of the building codes of the city; including the city building permit code (Chapter 15.04), the city building code (Chapter 15.08), the city electrical code (Chapter 15.32), the city housing code (Chapter 15.36), and the city plumbing code (Chapter 15.40), (the "building codes"), which are incorporated herein by reference and by reference made part of this code.

 

B.    Rehabilitation.  Buildings and structures existing prior to the adoption of this code, or any code incorporated by reference in this code, in which there is work involving repairs, including any alterations therewith, shall be made to conform to the building codes of the city. Repairs to an existing structure which are nonstructural, and do not adversely affect any structural member or any part of the structure having a required fire resistance rating, may be made with the same materials of which the structure is constructed; provided such repairs shall not be made so as to cause an existing structure to become unsafe or to adversely affect the performance of the structure. Repairs to an existing building which are structural or adversely affect any structural member or any part of the structure having a required fire resistance rating shall be made with materials required for a new structure.

 

C.    Ordinary Repair.  Except as otherwise required by other codes or ordinances of the city, application or notice to the building commissioner is not required under this code for ordinary repairs to structures, but such repairs:

 

1.    Shall not include the cutting away of any wall, partition or portion thereof, the  removal or cutting of any structural beam or beaming support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting its exit requirements;

    

2.    Nor include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage leader, gas, soil, waste, vent or similar piping;

 

        3.    Nor include electrical wiring work or mechanical work;

 

        4.    Nor include repair of fire damages.

 

D.    Maintenance. All buildings and structures and all parts thereof, both existing and new, shall be maintained in safe and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by the building codes in a building or structure, or which were required in a previous code or ordinance in a building or structure, when erected, altered or repaired, shall be maintained in good working order.

 

E.    Owner Responsibilities. The owner or the owner’s designated agent shall be responsible for the safety and sanitary maintenance of a building or structure and its means of egress facilities at all times.

 

F.    Workmanship. All repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed in a good and workmanlike manner.

 

G.    Building Permit. Notwithstanding anything contained in this code to the contrary, all construction work shall be subject to the requirement of a building permit as required and provided by the building permit code of the city (Chapter 15.04) and the payment of any fees thereby required.

(Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code.)

 

Section 15.09.040    Construction approval.

.09.040

          A.    Approved Materials and Equipment. All materials, equipment and devices approved for use by the building commissioner shall be constructed and installed in accordance with such approval.

 

B.    Modifications. Where there are practical difficulties in carrying our structural or mechanical provisions of this code, or the building codes of the city, the building commissioner shall be permitted to vary or modify such provision upon application of the owner or the owner’s agent, provided that the spirit and intent of the law shall be observed and the public welfare and safety assured and not diminished.

 

           C.    Records. The request for modification and the final decision of the building commissioner shall be in writing and shall be officially recorded in the permanent records of his department.

 

D.    Used Materials and Equipment. Used materials and devices shall not be reused unless they have been reconditioned, tested and placed in good and proper working condition and approved for use by the building commissioner.

 

           E.    Alternative Materials and Equipment. The provisions of this code are not intended to prevent the use of any material or method of construction not specifically prescribed by this code provided that any such alternative has been approved by the building commissioner or his designated agent and duly qualified representative.  An alternative material or method of construction shall be approved when the building commissioner finds that the proposed design is satisfactory and complies with the intent of the provisions of this code and the building codes, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

 

F.    Research and Investigations. The building commissioner shall require that sufficient technical data be submitted to substantiate the proposed use of any construction material or assembly, and if it is determined that the evidence submitted is satisfactory proof of performance for the use intended, the building commissioner shall approve the use of such material in construction assembly subject to the requirements of this code and the building codes. The cost of all tests, reports and investigations required under these provisions shall be paid by the applicant.

 

G.    Research Reports. Supporting data when required by the building commissioner to assist in the approval of all materials or assemblies not specifically provided for in this code or the building codes shall consist of duly authenticated research reports from approved sources.

 

    H.    Professional Architectural and Engineering Services. Design for repair construction work that is subject to the operations of the Illinois Architectural Practice Act of 1989, as amended, shall be prepared by, or under the direct supervision of a registered professional architect or qualified registered professional engineer licensed and registered by the state of Illinois and shall bear that architect’s or engineer’s seal and signature in accordance with state law and shall be subject to the applicable provisions of the building codes of the city. (Ord. 1686 § 1 (part), 1998)    

   

(Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code.)

 

Section 15.09.050    Certificate of dwelling maintenance and occupancy permit.

It is unlawful for any person, firm or corporation to occupy, or permit to be occupied or to collect the rental from any occupied dwelling unit without first obtaining a certificate of dwelling maintenance and occupancy permit ("certificate" or "dwelling certificate") from the building official of the city. Any person, firm or corporation must have a certificate of dwelling maintenance and occupancy permit prior to occupancy .    No person, firm or corporation shall occupy, or allow the occupancy or collect the rental of any dwelling unit if such certificate has been revoked.

 

A.    For purposes of this code an on-premises inspection shall be required and a dwelling certificate required for each of the following events or occurrences:

 

1.    Change in Dwelling Unit Occupancy.  Whenever there is a change in occupancy of any structure containing a dwelling unit, an application for a certificate shall be made by the owner thereof or by his duly authorized agent or representative and filed with the building commissioner. If a certificate was previously issued for such structure within a twelve (12) month period prior to the change in occupancy, a new certificate for the change in occupancy shall be required, however a reinspection shall not be required.

 

2.     New Dwelling Unit Structures.  A structure intended for dwelling purposes hereafter erected, or harbored in the case of mobile homes, shall not be used or occupied in whole or in part until a certificate shall have been issued by the building commissioner as required by this code.

 

3.    Structures Hereafter Altered.  Any structure or part thereof containing a dwelling unit, or proposed to contain a dwelling unit, that is hereafter enlarged, extended or the floor plan is altered shall not be occupied or used as a dwelling place until a certificate shall have been issued by the building commissioner under this code.

 

4.    Complaint Received.  Upon receipt of a complaint filed by a tenant occupying the dwelling unit complained of, provided, however, in the event the dwelling unit is found to be in compliance with code, then and in that event, the tenant will be responsible for payment of the required inspection fee due under this code.

 

5.    Notwithstanding anything contained in this section of this code to the contrary, a certificate of use and occupancy issued by the building commissioner under the authority given and requirements stated in the city’s building code (chapter 15.08 of the city’s municipal code) will be considered and is expressly distinguished from a certificate of maintenance and occupancy permit under this code. However, such certificate of use and occupancy required for newly constructed dwellings under the building code shall be honored as an alternative to a dwelling certificate required by this code.  

 

B.    Exempt Property.  Notwithstanding anything contained in the preceding subsection A of this Section of this code, no on-premises inspection shall be required and a dwelling certificate shall not be required for newly constructed dwellings for which a certificate of use and occupancy has been issued by the building commissioner under the authority given and requirements stated in the city’s building code until after the lapse of five (5) years following the date of the issuance of said certificate of use and occupancy.

 

C.    The Contents of Certificate.  When a dwelling unit is entitled thereto, the building commissioner shall issue a certificate of dwelling maintenance and occupancy permit within thirty (30) days from written application therefore. The certificate shall certify compliance with the provisions of this code, shall state the maximum number of occupants permitted to occupy the dwelling unit in accordance with the provisions of city ordinances, street address or other means of identification, date of issue, and such other information as the building commissioner shall deem appropriate for the implementation of this code.

 

D.    By Whom Application is Made. Application for a certificate of building maintenance and occupancy permit required by this code shall be made by the owner of the structure containing the dwelling unit or by his duly authorized representative. If the application is made by a person other than the owner in fee, it shall be accompanied by a signed statement of the applicant to the effect that the applicant is authorized by the owner in fee to make such application. The full names and addresses of the owner or the name and address of the responsible party if the owner is a corporation, trust or other type of legal entity that is not a natural person and the name and address of the applicant shall be stated in the application.

 

The application for such certificate shall be submitted in such form as the building commissioner prescribes and shall be filed with the building commissioner within seven (7) days of the occurrence of whichever of the events described in subsections (A)(1) through (A)(4) of this section require an inspection and issuance of a certificate.

 

E.    Action on Application.  The building commissioner, his agent and duly qualified representative, shall examine or cause to be examined all applications for certificate of dwelling maintenance and occupancy permit and shall inspect or cause to be inspected the structure subject of the application within thirty (30) days time after filing. If the application and the structure conform to the requirements of all pertinent laws of the city, the building commissioner shall issue the certificate within said thirty (30) days.

 

F.    Scheduling of Inspections--Utility Services.  Inspections and reinspections shall be scheduled for normal work days of the city and between the hours of eleven (11:00) o’clock a.m. and four (4:00) o’clock p.m. local time, excepting for the hour from twelve (12:00) o’clock noon to one (1:00) o’clock p.m.

 

Appointments for inspection and/or reinspection shall be made for time(s) of mutual convenience of the applicant and the building commissioner whenever possible and within the time frames specified above. It shall be the responsibility of the owner or the owner’ s agent or tenant to provide access to the structure and to dwelling unit(s) therein within seven (7) days from the date of request by the city for gain of entry and free access, otherwise the provisions of Section 15.09.070(B) shall be invoked, including penalties.

 

Water and electric utility services connections, and gas utility service connection, if applicable, shall be in service at the time scheduled for inspection and reinspection for the purpose of inspection of matters regulated by city building codes, including the city electrical code (Chapter 15.32) and the city plumbing code (Chapter 15.40).

 

G.    Unscheduled Inspections.  Nothing in this code shall be construed to prevent the building commissioner from performing inspections at unscheduled, random intervals or spontaneous frequency in furtherance of the implementation of this code, particularly in the instance of complaints brought to his published attention, or in the course of a block or multi-block survey, or in the event of obvious cause.

 

    H.    Fees.  The fee(s) for a certificate shall be as fixed by the city council from time to time as in the annual fee ordinance of the city. (Ord. 1686 § 1 (part), 1998

    

(Ordinance No. 2614, Amended, 12/03/2007, Introductory paragraph deleted and replaced.; Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code. )

 

Section 15.09.060    Inspections.

A.    General.  In order to safeguard the safety, health and welfare of the public, the building commissioner, building inspector and the officers of the city’s police department are authorized to enter any structure or premises at any reasonable time for the purpose of making inspections and performing their duties under this code.

 

B.    Right of Entry.  If any owner, occupant, or other person in charge of a structure subject to the provisions of this code refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to any part of the structure or premises where an inspection authorized by this code is sought, the administrative authority shall be permitted to seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference.

 

Any persons who shall refuse, impede, inhibit, interfere with, restrict or obstruct entry and free access to any part of the structure or premises where inspection authorized by this code is sought shall be acting in violation of the provisions of this code and shall be held liable for payment of any legal costs incurred by the city in securing entry and free access to such premises, including court costs and reasonable attorney fees so incurred.

 

C.    Coordination of Enforcement.  Inspection of property the issuance of notices and orders and enforcement thereof shall be the responsibility of the building commissioner, the building inspector and the Columbia police department. Whenever inspections are necessary by any other department in connection with this code, the building commissioner, building inspector and the city police officers shall make a reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors, and to confer with other inspectors for the purpose of eliminating conflicting orders before any are issued. An inspector shall not, however, delay the issuance of any emergency orders.

 

D.    Jurisdictional Cooperation.  The assistance and cooperation of police, fire, and health departments and all other officials shall be available to the building commissioner as may be required in the administration and enforcement of this code.  (Ord. 1686 § 1 (part), 1998)

(Ordinance No. 2521, Amended, 12/18/2006, Changed 15.09.060 A and C.; Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code.)

 

Section 15.09.070    Violations.

    

A.    Unlawful Acts.  It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, use or occupy, let to another for use or occupy or permit another person to use or occupy any structure or equipment regulated by this code, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this code, or to fail to obey a lawful order of the building commissioner, the building inspector, or a city police officer, or to remove or deface a placard or notice posted under the provisions of this code.

 

Any person who shall violate or who shall maintain a violation of this code, or who shall contribute to a violation or to the maintenance of a violation of this code, shall be subject to prosecution and the penalty provisions of this code.

 

B.    Injunction.  If the owner or owners, including lien holders of record, fail to bring a building, structure, premises, or part thereof, including equipment into conformity with the minimum standards for health and safety as set forth in this code within the time specified in a notice of violation, the building commissioner, the building inspector or a city police officer may request the city’s attorney to make application to a court of competent jurisdiction for an injunction requiring right of entry for inspection or compliance with this code or for such other order as the court may deem necessary or appropriate to secure compliance including the appointment of a receiver to cause such building, structure or premises or part thereof to conform to the standards and requirements of this code. (65 ILCS 5/11-31-2)”

 

C.    Prosecution for Violation.  In case of any unlawful acts (as described in subsection A of this section) the building commissioner, the building inspector or a police officer of the city shall institute an appropriate action or proceeding at law to exact the penalty provided by subsection D (entitled “Fine”) of this section. Also the building commissioner, the building inspector or a city police officer shall request the city’s attorney to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:

 

1.    To restrain, correct or remove the violation or refrain from any further execution of work;

 

2.    To restrain or correct the erection, installation, maintenance, repair or alteration of such building or structure;

 

3.    To require the removal of work in violation; or

 

4.    To prevent the occupation or use of the structure which is not in compliance with the provisions of this code.

 

D.    Fine.  Any person, firm or corporation who shall violate any of the provisions of this code shall be guilty of a petty offense punishable by a fine of not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) plus costs. If more than one provision, standard or requirement of this code is violated, then each such provision, standard or requirement violated shall be considered to be a separate offense. Each day that a violation occurs or continues, after due notice has been served, shall be considered to be a separate offense for which the violator shall be liable to the maximum penalty herein specified for each violation.

 

E.    Notice of Violation. When the building commissioner, the building inspector or a city police officer determines that there has been a violation of this code or has reasonable grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the following manner:

 

1.    Such notice shall be in writing;

 

2.    Include a description of the location of the real estate sufficient for identification;

 

3.    Reference to the specific section of the code found violated;

 

4.   Include an order allowing a reasonable time, not less than twenty (20) days, (except in a case of an emergency, including but not limited to, threat to health or physical safety) for the repairs and improvements required to bring the property or structure into compliance with the provisions of  this code; and

 

5.   Include a brief explanation of the owner’s right to seek modification or withdrawal of the notice by petition to the property maintenance board of review.

 

F.    Service--Notice of Violation. Notice shall be deemed to be properly served upon such owner if:

 

1.    A copy of the notice is delivered to the owner personally; or

    

2.   By leaving a copy of the notice at his usual place of abode delivered to the owner or to someone in his family that is age fourteen (14) or older who is informed of the contents thereof; or

 

3.    By certified mail, return receipt requested; or

 

4.    If such mailing is returned with receipt showing the notice has not been delivered or if the service is otherwise rejected or not deliverable, then by merely placarding the subject property or premises in accordance with the provisions of subsection E of this section.

 

G.    Disclosure of Beneficiaries of Land Trusts and Owners of Property.  The trustee who pursuant to a trust instrument has title to but no beneficial interest in real estate, after receipt (by such trustee) of the initial written notice or complaint of violation of this code shall disclose to the building commissioner, the building inspector or the city police officer who served the notice or complaint the identity and address of every beneficiary of the trust having a beneficial interest in the trust. (765 ILCS 405-Land Trust Beneficial Interest Disclosure Act)”

 

H.    Premises of Uncertain Ownership. Notice of violation under this code shall be served on the owner or owners of the property and upon the lien holders of record. If upon diligent search, the identity or whereabouts of the owner or owners of the building and the lien holders of record are not ascertainable, notice mailed to the person or person in whose name the real estate was last assessed by the county assessor of the county in which the real estate is situated is sufficient notice under this code. (65 ILCS 5/11-31-1-Unsafe Buildings Act)

 

I.    Placarding--Notice of Violation. When the building commissioner, the building inspector or a city police officer determines a violation of this code exists he may cause a notice of such violation to be posted in a conspicuous place near the main entrance of such building or structure; and if no such entrance exists, then at a conspicuous place upon the premises.

 

The notice shall be at least nine (9) inches in height and fourteen (14) inches in width and at the top thereof in large letters shall state "Notice of Violation."  The text of such notice shall contain a reference to the provision of the code violated and may contain such other information regarding the nature of the violation as the building commissioner, the building inspector or a Columbia police officer who posted the notice deems advisable.”

 

J.    Removal--Defacing--Penalty. Upon remedy of the cause of the violation for which notice is posted the building commissioner, the building inspector or a Columbia police officer shall forthwith remove the notice. Any other person removing any such notice or defacing such notice shall be guilty of a petty offense and shall be fined not to exceed one hundred dollars ($100.00). (50 ILCS 810/0.01, et seq., the Building Code Violation Notice Posting Act)”

 

K.    Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit, structure, or premises upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of the property to another until the provisions of the notice of violation have been complied with; except as hereinafter provided in the next succeeding paragraph of this section.

 

Notwithstanding the prior paragraph of this section, the owner of the property may dispose of the same without curing the violation if such owner shall first furnish the grantee, transferee, mortgagee, and lessee of the property a true copy of any notice of violation issued by the building commissioner, the building inspector or a Columbia police officer and shall furnish to said building commissioner, building inspector or Columbia police officer a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the responsibility without condition for making the corrections or repairs required by such notice of violation.  (Ord. 1686 § 1 (part), 1998)”

 

(Ordinance No. 2521, Amended, 12/18/2006, Section 15.09.070 Changes; Ordinance No. 2521, Amended, 12/18/2006, Amended 15.09.070, E; Ordinance No. 2521, Amended, 12/18/2006, Amended 15.09.070, C; Ordinance No. 2521, Amended, 12/18/2006, Amended 15.09.070, A; Ordinance No. 2521, Amended, 12/18/2006, Changed 15.09.070, A; Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code.)

 

Section 15.09.080    Condemnation measures.

A.    In General.  When a structure or part thereof is found by the building commissioner, the building inspector or a Columbia police officer to be unsafe, or when a structure or part thereof is found unfit for human occupancy or use, or is found unlawful, such structure may be closed from human use and occupancy by the building commissioner, the building inspector or a Columbia police officer pursuant to the condemnation provisions of this code and Illinois state law and shall be placarded, vacated and shall not be reoccupied without approval of the building commissioner, the building inspector or a Columbia police officer.  Unsafe equipment shall be placarded and placed out of service.

 

B.    Unsafe Structures--Defined.  An unsafe structure is one in which all or part thereof is found to be dangerous to life, health, property, or the safety of the public or the occupants of the structure by not providing minimum safeguards for protection from fire or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is likely.

 

C.    Unsafe Equipment--Defined. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

 

D.    Structure Unfit for Human Occupancy--Defined.  A structure is unfit for human occupancy or use whenever the building commissioner, the building inspector or a Columbia police officer finds that such structure is unsafe, unlawful, or because of the degree in which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by the city codes and ordinances.

 

E.    Unlawful Structure Defined.  An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied in violation of this code and contrary to law.

 

F.    Notice and Service of Violation Orders--Condemnation.  Notice and service of violation orders shall have been as specified by subsection E of Section 15.09.070 of this code.

 

G.    Placarding of Condemned Premises.  Upon the instance of the initiation of an injunction involving a condemnation action, the building commissioner, the building inspector or a Columbia police officer shall placard the subject premises of the condemnation action; the premises shall be posted at the location specified by subsection I of Section 15.09.070 of this code.

 

The notice of condemnation shall be at least nine inches in height and fourteen (14) inches in width and at the top thereof in large letters shall state "Notice of Violation, Condemned as Unfit for Human Occupancy or Use by Order of the Building Commissioner, Building Inspector or a Police Officer of the City of Columbia, Illinois" and may contain such other information or instructions as the building commissioner, building inspector or a Columbia police officer deems necessary in the interest of the public health, safety and welfare.

 

H.    Prohibited Use.  Any person who shall occupy a condemned and placarded premises or structure or part thereof, or shall use placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy such a placarded premises shall be liable for the penalties provided by this code.

 

I.    Service on Occupant.  Upon the instance of the initiation of a condemnation action, the building commissioner, the building inspector or a Columbia police officer shall serve written notice of condemnation upon the occupant of the subject building or part thereof ordering the condemned premises to be vacated.

        

1.    If the occupant is other than the owner or person responsible for remedying the objectionable condition, a reasonable time to vacate the premises after noncompliance shall be stated.

 

2.    Owners or persons responsible for compliance shall vacate the premises at the time stated in the notice of violation for correction of the defects if there is failure to comply.

 

J.    Penalties.  Penalties for noncompliance with orders and notices to vacate shall be as prescribed in subsection D of section 15.09.070 of this code.

 

K.    Closing of Vacant Structures--Temporary Measures.  If a structure or a part thereof is vacant and unfit for human habitation, occupancy or use and is not in danger of structural collapse, upon the instance of a condemnation action the building commissioner, the building inspector or a Columbia police officer shall proceed to placard the premises in the manner prescribed above and may order the structure closed up as a temporary measure so as not to be an attractive nuisance to youngsters. Upon failure of the owner to so close up the premises within the time specified in the order, the building commissioner, the building inspector or a Columbia police officer may cause the premises to be so closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate, which lien may be foreclosed in a manner similar to the foreclosure of real estate liens in real estate mortgage foreclosure actions or actions to foreclose mechanic’s liens in the state of Illinois. (Ord. 1686 § 1 (part), 1998)

(Ordinance No. 2521, Amended, 12/18/2006, Changes to 15.09.080.; Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code.)

 

Section 15.09.090    Demolition or repair of dangerous buildings.

The corporate authorities may demolish, repair or cause the demolition or repair of dangerous and unsafe buildings or structures or uncompleted and abandoned buildings or structures within the corporate limits of the city in accordance with, pursuant to, and as is required by Chapter 15.20 of the city’s municipal code and/or Section 11-31-1 et seq. of the Illinois Municipal Code (65 ILCS/11-31-1, et seq.-Unsafe Building Act).  (Ord. 1686 § 1 (part), 1998)

    

(Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code.)

 

Section 15.09.100    Emergency measures.

A.    Vacating Structures.  When, in the opinion of the mayor, there is actual and immediate danger of failure or collapse of a structure which would endanger life, or when any structure has fallen and life is endangered by the occupancy of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or use of defective or dangerous equipment, the mayor, following the procedures required by section 11-1-6 of the Illinois Municipal Code,  is authorized and empowered to order and require the occupants to vacate the premises forthwith. He shall cause to be posted at the main entrance to such structure a notice reading as follows: "This structure is unsafe and its use or occupancy has been prohibited by emergency order of the City of Columbia." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure and/or its contents, making the required repairs, removing the hazardous condition, or of repairing to make safe or demolishing the structure as authorized by the mayor. (65 ILCS 5/11-1-6 Emergency Powers of Mayor).

 

B.    Closing Streets.  When necessary for the public safety, the mayor shall temporarily close sidewalks, streets, places and premises adjacent to such unsafe structure, and prohibit the same from being used.

 

C.    Emergency Work.  For the purposes of this section, the mayor shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

 

D.    Cost of Emergency Work.  Costs incurred in the performance of emergency work shall be paid from the treasury of the city on certificate of the mayor. The legal counsel of the city shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

 

E.    Hearing.  Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the property maintenance board of review be afforded a hearing as provided in Section 15.09.110 of this code.  (Ord. 1686 § 1 (part), 1998)


(Ord. 2381, Added, 07/18/2005, Repeal the Rental Property Maintenance Code and enact a Residential Property Maintenance Code.; Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance code and enacted a Residential Property Maintenance Code.)

 

Section 15.09.110    Right of appeal.

 

A.    Petition.  Any person affected by any notice which has been issued in connection with the enforcement of any provision of this code, or of any rule or regulation adopted pursuant thereto, shall have the right to request and shall be granted a hearing on the matter before the property maintenance board of review.

 

B.    Property Maintenance Board of Review.  In order to protect existing structures in the jurisdiction by vigorous enforcement of the provisions of this code, the property maintenance board of review is charged with the jurisdiction to hear and the authority to decide all grievances from a decision, determination or action of the building commissioner, the building inspector, a Columbia police officer or the mayor for actions taken under Section 15.09.100 of this code and the implementation and administration of this code.

 

C.    Membership and Organization.  The membership, organization and operation of the property maintenance board of review shall be comprised of a general contractor, a plumbing contractor, and an electrical contractor appointed by the mayor with the advice and consent of the city council, and two members of the city council. The decision of the majority of a quorum of the board shall control on all matters to be decided by the board, except for appeals of decisions of the mayor under Section 15.09.100 of this chapter, for which a four-fifths majority of the members of the board holding office shall be required.  (Ord. 1686 § 1 (part), 1998)

    

(Ordinance No. 2521, Amended, 12/18/2006, Change to Section 15.09.110, B; Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code.)

 

Section 15.09.120    Disclaimer of liability.

A.       No officer, city council member, agent or employee of the city, (including the building commissioner, the building inspector, the mayor or a Columbia police officer or their duly authorized agents), shall render themselves personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their duties under the Residential Property Maintenance Code. (See “Local Government and Governmental Employees Tort Immunity Act”, 745 ILCS 10/1-101, et. seq.

 

B.    Any suit brought against any officer, city council member, agent or employee of the city, (including the building commissioner, the building inspector, the mayor or a Columbia police officer or their duly authorized agents), as a result of any act required or permitted in the discharge of their duties under this Residential Property Maintenance Code, shall be defended by the municipal attorney (or outside counsel of the city’s choosing) until the final determination of the legal proceedings.

(Ordinance No. 2521, Amended, 12/18/2006, Changes to 15.09.120, A & B; Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enact a  Residential Property Maintenance Code.)

 

Section 15.09.130    Disclaimer of warranties.

The issuance of a Certificate of Dwelling Maintenance and Occupancy Permit in accordance with the requirements of this Residential Property Maintenance Code (chapter 15.09 of the City of Columbia Municipal Code) shall not be and shall not be regarded or construed as any type of warranty to the owner(s) and occupant(s) of the property for which the permit is issued regarding the fitness or condition of the dwelling or other real estate improvements for which the permit is issued. No property owner or occupant shall have any claim or cause of action against the city or any officer, city council member, agent or employee, (including the city building commissioner, the building inspector, the mayor of a city police officer or their duly authorized agents) for defects or hazards existing in or connected to the property for which a Certificate of Residential Property Maintenance Permit is issued or for which there was a city inspection in connection with the issuance of such a permit.

   

(Ordinance No. 2521, Amended, 12/18/2006, Changes to 15.09.130; Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code.)

 

Section 15.09.140    Indemnity.

The city shall hold the city officers, city council members, agents and employees (including the building commissioner, the building inspector, the mayor and city police officers and their duly authorized agents) for acts required or permitted in the discharge of their duties under this Residential Property Maintenance Code (Chapter 15.09 of the City of Columbia Municipal Code) safe, free and fully indemnified from all claims and causes of action for property damage or personal injury to property owner(s), property occupant(s) and all others that occur as a result of any act required or permitted in the discharge of their duties under this Residential Property Maintenance Code, (including but not limited to the performance of property inspections and issuance of Certificate of Dwelling Maintenance and Occupancy Permits); except for acts involving gross negligence or wrongful willful acts or omissions. The indemnity shall include payment of, or reimbursement for, all attorneys’ fees and court costs incurred in defending such claims or cause of action and reasonable attorneys’ fees and court costs required to be incurred in enforcing the indemnity provided for herein.

    

(Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code.)



 

Chapter 15.12

HOUSE NUMBERING

Sections:

15.12.010    House numbering required.

15.12.020    Fractional spaces.

15.12.030    Unit system of numbering.

15.12.040    Chart.

15.12.050    Number on house.

Section 15.12.010    House numbering required.

    All lots, buildings and structures in the city shall be numbered in accordance with the following plan:

    A.    Main Street shall be the dividing base line for all east and west streets; Legion Avenue shall be the dividing base line for all north and south streets.

    B.    All blocks and streets, except as hereinafter provided, shall be divided into as many twenty-five (25) foot spaces as possible.

    C.    When numbering east from Main Street, the measurements shall commence from the east line of Main Street, and when numbering south from Legion Avenue, from the south line thereof.

    D.    The measurements shall extend from the starting points respectively along the block frontage and across the next street, which place shall be a new starting point, and the measurements shall, in a similar manner, be continued along the whole street. (Prior code § 33-5-1)

15.12.010

 

Section 15.12.020    Fractional spaces.

    Each block and street as aforesaid, except as hereinafter provided, shall be divided into as many twenty-five (25) foot spaces as possible, and in case there is a fraction left over, exceeding one-half of such space; then such fraction is to be considered and treated as a part of the space adjoining it. (Prior code § 33-5-2)

15.12.020

 

Section 15.12.030    Unit system of numbering.

    The numbering shall be made on the unit system; that, each block and/or block unit shall be one hundred (100), and multiples of one hundred (100), as indicated on a plat of the city, on file in the office of the city clerk. All of the spaces above mentioned shall be numbered from the base or dividing lines.

    A.    All of the spaces on the east or south side of any street shall be numbered with even numbers, commencing at the base line with one hundred two (102), and numbering consecutively therefrom to the next starting point; and

    B.    All of the spaces on the west or north side of any street shall be numbered with odd numbers, commencing at the base line with number one hundred one (101), and numbering consecutively therefrom to the next starting point; and then, in each case, the second multiple of one hundred (100) shall be used, and so on along the length of the streets. (Prior code § 33-5-3)

15.12.030

 

Section 15.12.040    Chart.

    The city clerk shall keep a chart showing the proper street number of every lot in the city, which chart shall be open for inspection by anyone interested therein. (Prior code § 33-5-4)

15.12.040

 

Section 15.12.050    Number on house.

    It shall be the duty of the owner and occupant of every house in the city to have placed thereon, in a place visible from the street, figures showing the number of that house; any person, firm or corporation failing to so number any house owned or occupied by him or if after receiving notice to do so from the city clerk shall fail to do so shall be fined one dollar ($1.00) for each day on which the failure to so number continues. (Prior code § 33-5-5)



 

Chapter 15.16

MOVING BUILDINGS

Sections:

15.16.010    Permit required.

15.16.020    Approval--Fee.

15.16.030    Bond.

15.16.040    Lights and warnings.

15.16.050    Wires--Cutting.

15.16.060    Fire alarm wires.

15.16.070    Violation--Penalty.

Section 15.16.010    Permit required.

    No person, firm or corporation shall move any building, on, through or over any street, alley, sidewalk or other public place in the city without having first obtained a permit from the city council. Applications for such permits shall be made in writing to the city clerk and shall state thereon the proposed route and the number of days it is intended that the building should occupy any portion of any street, alley, sidewalk or other public place. (Prior code § 33-6-1)

15.16.010

 

Section 15.16.020    Approval--Fee.

    Upon the approval of the intended route by the city council a fee of fifty dollars ($50.00) for each day or fraction thereof that the building shall occupy any such portion of any such public place shall be paid to the city clerk. (Prior code § 33-6-2)

15.16.020

 

Section 15.16.030    Bond.

    Every person, firm or corporation applying for a permit under this chapter shall submit with his application a bond in the sum of fifty thousand dollars ($50,000.00), conditioned on his compliance with all the provisions of this chapter, and agreeing to pay, and holding the city harmless from any claim which may be made against it by reason of the occupation of any street, sidewalk, alley or other public place by the building or structure moved. (Prior code § 33-6-3)

15.16.030

 

Section 15.16.040    Lights and warnings.

    Whenever a street or alley is blocked by a house or structure which is being moved, warnings to that effect shall be placed by the superintendent of maintenance so as to warn vehicles and persons from entering that portion of the street which is so blocked. The person, firm or corporation moving any building through the streets shall keep warning signs and lanterns or lights at night on the building so as to guard against any person or vehicle from colliding with it. (Prior code § 33-6-4)

15.16.040

 

Section 15.16.050    Wires--Cutting.

    Whenever it shall be necessary to interfere with wires or cables of a public utility in moving a building, the terms of any special or franchise ordinance governing shall apply and the bond therein specified shall be given. If no such terms apply, then the mayor shall cause there to be an estimate of the expense of the fixing the wires and the bond to be given to cover this. (Prior code § 33-6-5)

15.16.050

 

Section 15.16.060    Fire alarm wires.

    When any such moving building shall approach any fire alarm wire or pole which shall be endangered by the removal of such building, it shall be the duty of the mover to notify the city clerk at least six hours before reaching such wire or pole so that they may be removed or cared for by the authorities of the municipality. (Prior code § 33-6-6)

15.16.060

 

Section 15.16.070    Violation--Penalty.

    Any person, firm or corporation violating any provision of this chapter shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Prior code § 33-6-7)



 

Chapter 15.20

DANGEROUS BUILDINGS

Sections:

15.20.010    Dangerous buildings defined.

15.20.020    Existence of dangerous building unlawful.

15.20.030    Abatement generally.

15.20.040    Abatement of open and vacant dangerous buildings posing an immediate and continuing hazard to the community.

15.20.045    Abatement of methamphetamine contamination.

15.20.050    Fire limits.

15.20.060    Violation--Penalty.

Section 15.20.010    Dangerous buildings defined.

    The term "dangerous buildings," as used in this chapter is defined to mean and include:

    A.    Any building, shed, fence or other manmade structure which is dangerous to the public health because of its condition, and which may cause or aid in the spread of disease, or injury to the health of the occupants of it or neighboring structures;

    B.    Any building, shed, fence or other manmade structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard;

    C.    Any building, shed, fence or other manmade structure, which, by reason of faulty construction or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure;

    D.    Any building, shed, fence or other manmade structure, which, because of its condition or because of lack of doors or windows is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure.

    Any such dangerous building in the city is declared to be a nuisance. (Prior code § 5-2-1)

15.20.010

    E.    Any building, shed or other manmade structure used to manufacture or store methamphetamine until it is cleaned up and the contamination abated in compliance with Section 15.20.045 of this chapter.

(Ordinance No. 2536, Added, 03/19/2007, Added subsection E. )

 

Section 15.20.020    Existence of dangerous building unlawful.

    It is unlawful to maintain or permit the existence of any dangerous building in the city; and it is unlawful for the owner, occupant or person in custody of any dangerous building to permit the same to remain in a dangerous condition, or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition. (Prior code § 5-2-2)

15.20.020

 

Section 15.20.030    Abatement generally.

    A.    Notice. Pursuant to 65 ILCS 5/11-31-1(a), whenever the building inspector, fire marshal or health officer shall be of the opinion that any building or structure in the city is a dangerous building, he or she shall file a written statement to this effect with the city clerk. The clerk shall thereupon cause written notice to be served upon the owner thereof, the occupant thereof, and any lien holders of record, by registered mail or by personal service. The notice shall state that the building has been declared to be in a dangerous condition, and that the dangerous condition must immediately be removed or remedied by repair, alteration or demolition of the building. Such notice may be in the following terms:

 

        To               (owner/occupant/lien holder) of the premises known and described as .

 

        You are hereby notified that (describe building) on the premises above mentioned has been condemned as a nuisance and a dangerous building after inspection by                      . The causes for this decision are (insert facts as to dangerous condition). You must remedy this condition or demolish the building immediately, or the City will seek a Court Order allowing the City to demolish the dangerous building, or otherwise remedy the dangerous condition, at the owner or owners' expense.

 

    B.    City May Demolish the Dangerous Building or Remedy the Dangerous Condition Upon Granting of Court Order. If the person receiving the notice has not complied therewith or taken an appeal from the dangerous condition determination within fifteen (15) days from the date of service of the notice, the city may file suit in the circuit court of competent jurisdiction for an order allowing the city to demolish the dangerous building or otherwise remedy the dangerous condition, at the expense of the owner or owners.

    C.    City's Costs Recoverable by Lien. The city's costs of demolition of the dangerous building or repair of the dangerous condition is recoverable by property lien, to be filed within one hundred eighty (180) days after the remedial action. (Amended during 1997 codification: prior code § 5-2-3)

15.20.030

 

Section 15.20.040    Abatement of open and vacant dangerous buildings posing an immediate and continuing hazard to the community.

    A.    Notice. Pursuant to 65 ILCS 5/11-31-1(e), whenever the building inspector, fire marshal or health officer shall be of the opinion that a residential building two stories or less in height is a dangerous building, and furthermore is a building which is open and vacant, and which poses an immediate and continuing hazard to the community requiring expedited demolition of the building or removal of the hazard, he shall file a written statement to this effect with the city clerk. The clerk shall thereupon cause the following notices to be carried out as soon as practical:

    1.    A notice not less than two feet by two feet in size shall be posted on the front of the building, dated the date of the posting, stating that: (a) the building has been declared in a dangerous condition and an immediate and continuing hazard to the community; (b) the reason the dangerous condition is declared; and (c) that unless the dangerous building is demolished or the dangerous condition otherwise remedied by the owner or owners or lienholders of record, same will be performed by the city, at the owner or owners' expense;

    2.    As soon as practical, and not later than thirty (30) days after posting of notice on the premises, a written notice shall be sent, by certified mail, return receipt requested, to all owners of record of the property, the beneficial owners of any Illinois land trust having title to the property, and all lienholders of record in the property, stating the intent of the city to demolish the dangerous building, or otherwise remedy the dangerous condition, if action is not taken by the owner or owners. Such notice may be in the following terms:

 

        To                 (owner/lien holder) of the premises known and described as                                .

 

        You are hereby notified that (describe building) on the premises above mentioned has been condemned as a nuisance, a dangerous building, and an immediate and continuing hazard to the community by                        . The causes for this decision are (insert facts as to dangerous condition). You must remedy this condition or demolish the building immediately, or the City will do so, at the owner or owners' expense.

 

    3.    As soon as practical, and not later than thirty (30) days after posting of notice on the premises, a published notice shall be made in the newspaper published or circulated in the city for three consecutive days, setting forth: (a) the permanent tax index number and address of the building; (b) a statement that the property is open and vacant and constitutes an immediate and continuing hazard to the community; and (c) a statement of the city's intention to demolish the dangerous building or, if appropriate under the circumstances, correct the dangerous condition, if the owner or owners or lienholders of record fail to do so.

    A person objecting to the proposed actions of the city may file his or her objection in an appropriate form in a court of competent jurisdiction.

    B.    City May Demolish the Dangerous Building or Remedy the Dangerous Condition Without Court Order. If the owner or owners of the dangerous building have not demolished same, or otherwise corrected the dangerous condition within thirty (30) days of the mailing of notice to the owners of record, the beneficial owners of any Illinois land trust having title to the property, and all lienholders of record in the property, or within thirty (30) days of the last day of publication of the notice, whichever is later, the city shall have the power to demolish the dangerous building, or otherwise correct the dangerous condition, at the expense of the owner or owners.

    C.    City's Costs Recoverable by Lien. The city's costs of demolition of the dangerous building or repair of the dangerous condition is recoverable by property lien, to be filed within one hundred eighty (180) days after the remedial action. (Amended during 1997 codification: prior code § 5-2-4)

15.20.040

 

Section 15.20.045    Abatement of methamphetamine contamination.

    A.    Methamphetamine Contamination of Buildings or Structures Illegal.   It is unlawful to maintain or permit the existence of a building or other structure in the city which has been used for the manufacture or storage of methamphetamine (meth) until the abatement and cleaning practices required by this section of the Dangerous Buildings Code have been complied with, and it is unlawful to occupy such building or structure or to permit the same to be occupied until said abatement has been fully completed and an occupancy permit for the same has been issued by the city’s building inspector.

 

B.    Methamphetamine Contamination Abatement.  Whenever a building or other structure or definable portion thereof is determined to have been exposed to toxic chemicals from the manufacture and/or storage of methamphetamine (meth) by a law enforcement officer, a health inspector, a city building inspector or other public safety officer, the building or structure or definable portion thereof suspected to be contaminated shall be required to be vacated and to remain unoccupied until cleaned and the contamination abated in accordance with the requirements of subsection “C” of this section of the city’s Dangerous Buildings Code.

 

C.    Methamphetamine Abatement Procedure.   The owner(s) or other person or party having the occupancy or control of a building or other structure, or definable portion thereof, determined to be a dangerous building or structure due to meth contamination shall be required to have performed, by persons certified in Hazardous Material Awareness and Response, the following before an occupancy permit to allow the occupancy and use of the same will be issued by the city’s building inspector:

 

1.    Contact the local law enforcement agency to ensure that a hazardous materials response team has removed all bulk chemicals and equipment used to make meth.

 

2.    Ventilate the building or structure before, during and after cleanup.

 

3.    Do not attempt to perform cleanup activities without using personal protective equipment including gloves, long sleeves, long pants, sturdy shoes, a dust mask and protective eyewear.

 

4.    Remove and dispose of all upholstered furniture, mattresses, carpet, and other non-machine washable items.  These materials should be double bagged when possible, and quickly disposed of in a landfill to prevent reuse.

 

5.    Remove and dispose of clothing, toys, bedding, bottles, and other personal items used by infants and toddlers.  Clothing and personal items for older children and adults may be machine washed two (2) times in hot water and detergent.

 

6.    Inspect appliances, wall board, ceiling tiles, and plumbing fixtures throughout the entire building or structure.  Remove and dispose of all visibly contaminated items, or any items that have an odor.  Follow the disposal practices described above.  If any plumbing fixtures or drains need to be flushed, removed or replaced, contact a professional.

 

7.    Thoroughly clean all surfaces using a detergent and water solution.  Be sure to wear proper personal protection including gloves, long sleeves, long pants, sturdy shoes, a dust mask and protective eyewear.  Be sure to change cleaning solution frequently.  Rinse all surfaces with clean water after using the detergent solution.  Repeat the cleaning and rinsing procedure two (2) additional times.

 

8.    Repaint surfaces after cleaning.  An oil-based primer followed by another coat of paint is recommended.

 

9.    Replace all filters in the heating, ventilating and air conditioning (HVAC) system, including window units.  For HVAC systems with sheet metal surfaces, each opening into the duct should be vacuumed and washed at least two (2) feet inside the duct.  If this is not possible, contact a HVAC professional.

 

10.    Ventilate the building for three (3) to five (5) days after cleaning.

 

11.    Contact a professional cleaning contractor if odors or stains remain or reappear after cleaning.

12.    Have the premises inspected and cultures taken for environmental testing by a State of Illinois licensed Hazardous Materials Team.

13.    Submit a request for an occupancy permit and a report from a state licensed environmental laboratory to the Columbia police chief and the Columbia building inspector showing the subject premises to have a minimum reportable limit of contamination of less than 0.1 ug/wipe.

 

D.    Notice to Abate Toxic Contamination.

 

    (1)    Abatement Notice. Whenever a law enforcement officer, building inspector, health officer, fire chief or fire marshal, or other public safety officer has reasonable grounds to believe that a building or other structure or a definable portion thereof may be contaminated by toxic chemicals created by meth manufacture and/or storage, he or she shall file a written statement to that effect with the city’s chief of police and/or the city’s building inspector.  The building inspector and/or the police chief or their designee shall thereupon cause written notice to be served upon the owner(s) of record of the building or structure and/or the person in charge of or in control of the same and any lien holder(s) of record, by registered mail or by personal service.  The notice shall state that the toxic nuisance must be abated in accordance with the requirements of subsection “C” hereof and that the premises must be immediately vacated and an occupancy permit to be issued by the city’s building inspector shall not be issued and  the occupancy thereof may not be restored until the contamination abatement has been completed to the satisfaction of the city’s police chief and/or the city’s building inspector or their designee.

        (2)    Form of Abatement Notice.  Such notice may be in the following form:

 

TO:    _______________ (owner/occupant/lien holders) of the premises known and described as (or having the assigned address of).

 

    YOU ARE HEREBY NOTIFIED that (describe building or structure applicable thereto) on the premises above-mentioned has been condemned as a nuisance and a dangerous building or structure after inspection by __________________. The cause for this decision is the manufacture and/or storage of methamphetamine causing the likely contamination of the same by toxic chemicals.  You must immediately vacate the premises or cause the same to be vacated until the toxic nuisance is abated following the procedures required by Subsection “C” of Section 15.20.045 of the City’s Municipal Code (a copy of which is attached hereto) and an occupancy permit has been issued by the City’s Building Inspector to allow the building or structure to be occupied and used for occupancy.  You are to clean the subject building or structure and abate said nuisance as required by said Subsection C of this Section 15.20.045 of the City’s Municipal Code within sixty (60) days of date of this Notice (unless you are granted an extension by the City’s Police Chief or Building Inspector or their designee) or the City will seek a Court Order allowing the City to abate the nuisance or demolish the building or structure, at the expense of the property owner.

 

E.    Abatement by City. The city may abate the methamphetamine contamination or demolish the building or structure upon the granting of a court order.  If the person receiving the notice has not commenced to comply therewith within fifteen (15) days from the date of the service of the notice or has commenced compliance but is not making a reasonable effort to complete the same in the opinion of the city’s city council (based upon advise received from the city’s police chief and/or building inspector), the city may file suit in a court of competent jurisdiction seeking an order allowing the city to abate the toxic nuisance or demolish the building or structure, at the expense of the property owner.

 

F.    City’s Costs Recoverable from Property Owner.  The city’s cost of toxic nuisance abatement or demolition of a dangerous building or structure due to methamphetamine contamination shall be recoverable by a property lien and/or an action at law against the property owner to be filed within one hundred eighty (180) days after the remedial action.

(Ordinance No. 2536, Added, 03/19/2007, Added Abatement of meth contamination.; Ordinance No. 2536, Added, 03/19/2007, Added new section - Abatement of meth contamination.)

 

Section 15.20.050    Fire limits.

    Any frame building or a structure within the fire limits of the city as hereinbefore prescribed by ordinance, which has or may be damaged by fire, decay or other causes to the extent of fifty (50) percent of its value, shall be torn down and removed, or rebuilt with nonflammable walls.

    A.    Evaluation of Damage Extent to be Confirmed by Three-Member Board. Upon written notice by the building inspector, health officer or fire marshal to the effect that a building or structure has been damaged to the extent of fifty (50) percent of its value, filed with the city clerk, the clerk shall notify the mayor and city council. The mayor, by and with the advice and consent of the city council, shall then appoint a three-person board to confirm whether or not such building or structure has been damaged to the extent of fifty (50) percent of its value.

    B.    Notice. The clerk shall cause written notice of the appointment of this three-person board to be served upon the property owner or owners, by personal service or by regular mail at his or her last known address. Such notice may be in the following terms:

 

        To                   , owner of the premises known and described as                      .

 

        You are hereby notified that                                has determined that the building owned by you at , located within the fire limits of the City, has been damaged by fire, decay or otherwise to the extent of fifty percent (50%) of its value and that a board of three (3) persons has been appointed to verify this finding, which board shall hold its first meeting in the City Hall on the          day of                    ,      , at the Hour of           O'Clock, at which time it will determine whether or not this finding is correct.

 

        If this finding is verified by the board of three (3) members, and it determines that the building in question has been damaged to the extent of fifty percent (50%) of its value, the City Clerk shall cause written notice of the finding to be served on the owner or owners, by personal service or by regular mail at his or her last known address. The notice shall clearly state it is the duty of the owner to tear down and remove said building within twenty (20) days after the finding of such board, or to remodel it to comply with the requirements of new buildings in the fire limits; and it shall be unlawful to occupy or permit the occupancy of such building after such finding until it is so remodeled.

 

    C.    Abatement. If the owner has not demolished the building, or otherwise brought the premises into compliance with this chapter, within twenty (20) days of the board finding that the building has been damaged to the extent of fifty (50) percent of its value, in addition to imposing the money penalty permitted by Section 15.20.060, the city clerk may declare the fire or decay damaged building a dangerous building and pursue city conducted demolition, pursuant to the procedures and requirements of Section 15.20.030 or 15.20.040, whichever is deemed to be appropriate under the circumstances. (Amended during 1997 codification: prior code § 5-2-5)

15.20.050

 

Section 15.20.060    Violation--Penalty.

    Any person, firm or corporation violating any provision of this chapter, or permitting any dangerous building, or any building or structure to remain in a dangerous condition, or to remain in the fire limits without remodeling as above provided for, after it has been damaged to the extent of fifty (50) percent of its value, shall be fined not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense; and a separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues. (Amended during 1997 codification: prior code § 5-2-6)



 

Chapter 15.24

DEMOLITION OF BUILDINGS

Sections:

15.24.010    Demolition permit.

15.24.020    Disconnection of utility services.

15.24.030    Restoration of lot.

15.24.040    Proof of ownership.

15.24.050    Fees.

15.24.060    Violation--Penalty.

Section 15.24.010    Demolition permit.

    No building as defined in Section 17.04.030 shall be demolished or razed until the required fee has been paid and a demolition permit has been issued by the building inspector by and on behalf of the building and zoning department of the city. The application for the demolition permit shall be filed with and the required fee paid to the city clerk who shall refer the application to the building and zoning department of the city for its review and approval. If approved by the building and zoning department, the city building inspector shall issue a demolition permit for the proposed demolition. If the application is denied, a letter of explanation from the building inspector shall specify the requirements necessary to be satisfied in order to obtain issuance of the demolition permit. The application for a demolition permit shall be executed by the owner of the real estate premises on which the building sought to be demolished is located or his or its duly authorized agent and proof of ownership of the subject real estate (such as but not limited to, a real estate deed or title insurance policy) shall accompany the application for the demolition permit. (Ord. 760 § 1 (part), 1989: prior code § 40-12-3(A))

15.24.010

 

Section 15.24.020    Disconnection of utility services.

    Before a demolition permit can be issued, all service connections for utilities serving the building sought to be demolished shall be disconnected by the providers of the services involved and proof thereof satisfactory to the building inspector shall be submitted to the building inspector prior to issuance of the demolition permit, anything in this chapter to the contrary notwithstanding. The service connections shall include, but not necessarily be limited to, utility services for water, electric, natural gas and sanitary sewer. (Ord. 760 § 1 (part), 1989: prior code § 40-12-3(B))

15.24.020

 

Section 15.24.030    Restoration of lot.

    When a building is demolished pursuant to a demolition permit issued by the city, the debris created thereby shall be removed from the real estate premises and disposed of at a solid waste landfill authorized to receive the same under the laws in such cases made and provided or as may be otherwise authorized by law, within fourteen (14) days after the building is demolished. All combustible materials shall be removed from the premises. Basement floors shall be removed and cavities (such as but not limited to those created by basements, cisterns, septic tanks or cellars) shall be backfilled with dirt (and not with debris or other types of combustible or noncombustible fill material).

    Prior to backfilling of such cavities, the premises shall be inspected by the building inspector to verify compliance with the provisions hereof. Backfilling prior to obtaining the necessary inspection by the building inspector may result in removal of the fill material at the property owner's expense, in order to verify compliance herewith. After demolition of the building and removal of the debris created thereby, the real estate premises shall be graded, seeded and maintained in conformity to the established street grades at curb level (where there are curbs) or street level (where there are no curbs) at the subject building site. Finish grading shall be made and maintained so as to avoid the accumulation of water on the subject real estate premises or the illegal diversion of water onto adjoining real estate premises. (Ord. 760 § 1 (part), 1989: prior code § 40-12-3(C))

15.24.030

 

Section 15.24.040    Proof of ownership.

    If required by the department of building and zoning, before a demolition permit shall be approved by the department, the owner of the subject property or his or its authorized agent shall provide the city with a commitment for title insurance, a land title certificate, a title insurance company letter report or other appropriate evidence of ownership of the property where the building sought to be demolished is situated, same to be issued by a reputable title insurance company of applicant's selection and at applicant's expense. (Ord. 760 § 1 (part), 1989: prior code § 40-12-3(D))

15.24.040

 

Section 15.24.050    Fees.

    The fees to be charged by the city for processing of a demolition permit application and issuance of a demolition permit, shall be in an amount and for a term to be set by city ordinance from time to time. (Amended during 1997 codification: Ord. 760 § 1 (part), 1989: prior code § 40-12-3(E))

15.24.050

 

Section 15.24.060    Violation--Penalty.

    Any person, firm or corporation violating any provision of this chapter shall be fined not less than twenty-five dollars ($25.00) nor more five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues. (Ord. 760 § 1 (part), 1989: prior code § 40-12-3(F))



 

Chapter 15.28

MISCELLANEOUS CONSTRUCTION REGULATIONS

Sections:

15.28.010    Use of streets.

15.28.020    Night operations.

15.28.030    Sidewalks.

15.28.040    Safeguards.

15.28.050    Violation--Penalty.

Section 15.28.010    Use of streets.

    The use of streets for the storage of materials in the process of construction or alteration of a building may be granted where the same will not unduly interfere with traffic and will not reduce the usable width of the roadway to less than eighteen (18) feet; provided, that no portion of the street other than that directly abutting on the premises on which work is being done shall be used, except with the consent of the owner or occupant of the premises abutting on such portion. Any person seeking to make such use of the street shall file an application for a permit therefor with the city clerk, together with a bond with corporate sureties to be approved by the city council, to indemnify the city for any loss or damage which may be incurred to it by reason of such use and occupation. (Prior code § 5-4-1)

15.28.010

 

Section 15.28.020    Night operations.

    No construction or alteration operations shall be carried on at nighttime if the same are accompanied by loud noises. (Prior code § 5-4-2)

15.28.020

 

Section 15.28.030    Sidewalks.

    No sidewalk, curbing or guttering shall be obstructed in the course of building construction or alteration without a special permit from the city being first obtained. (Prior code § 5-4-3)

15.28.030

 

Section 15.28.040    Safeguards.

    It shall be the duty of the person or corporation doing any construction, altering or wrecking work in the city to do the same with proper care for the safety of persons and property. Warnings, barricades and lights shall be maintained wherever necessary for the protection of pedestrians or traffic; and temporary roofs over sidewalks shall be constructed wherever there is danger to pedestrians from falling articles or materials. (Prior code § 5-4-4)

15.28.040

 

Section 15.28.050    Violation--Penalty.

    Any person, firm or corporation violating any provision of this chapter shall be fined not less than twenty-five dollars ($25.00), nor more than two hundred dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Prior code § 5-4-5)



 

Chapter 15.32

ELECTRICAL CODE

Sections:

15.32.010    Electrical equipment defined.

15.32.020    Electrical commission-- Established.

15.32.030    Electrical commission--Duties.

15.32.040    Electrical inspector.

15.32.050    Installation or alteration of electrical equipment--Permit required.

15.32.060    Inspections.

15.32.070    Certificate of inspection.

15.32.080    National Electrical Code.

15.32.090    Time of inspection.

15.32.100    Records.

15.32.110    Installation regulations.

15.32.120    Inspection fees.

15.32.130    Annual inspections.

15.32.140    Right of appeal.

15.32.150    Rules governing electrical installations.

15.32.160    Services.

15.32.170    Electrical contractors.

15.32.180    Violation--Penalty.

Section 15.32.010    Electrical equipment defined.

    The term "electrical equipment," as used in this chapter, means conductors and equipment installed for the utilization of electricity but does not include apparatus, conductors and other equipment installed by public utilities, including common carriers, which are under the jurisdiction of the Illinois Commerce Commission, for use in their operation as public utilities. (Ord. 1431 § 1, 1996)

15.32.010

(15.32.010 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.020    Electrical commission-- Established.

    There is hereby established an Electrical Commission which shall consist of six (6)  members, as follows:

    

    The Electrical Inspector, who shall be ex-officio chairman of such commission; of the other five (5) members, one (1) shall be a registered professional engineer; one (1) shall be a registered electrical contractor; one (1) shall be a journeyman electrician; one (1) shall be a representative of an inspection bureau maintained by the fire underwriters (or Chief of the Fire Department); and one (1) shall be a representative of an electrical utility company. Such members shall be appointed for a term of four (4) years by the Mayor with the advice and consent of the City Council. The Electrical Inspector shall serve on such commission without additional compensation therefor. The members shall receive no compensation as members of the Commission. (Ord. 1431 § 2, 1996)

15.32.020

(15.32.20 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.030    Electrical commission--Duties.

    The Electrical Commission shall recommend safe and practical standards, and specifications for the installation, alteration and use of electrical equipment designed to meet the necessities and conditions that prevail in the City, shall recommend reasonable rules and regulations governing the issuance of permits by the Electrical Inspection Department and shall recommend reasonable fees to be paid for inspection by the Electrical Inspection Department of all electrical equipment installed or altered within the City of Columbia. Such standards and specifications, rules and regulations and fees shall not become effective until adopted by ordinance by the City Council. (Ord. 1431 § 2-1, 1996)

15.32.030

(15.32.030 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.040    Electrical inspector.

    A.    Appointment. There is hereby created the Office of Electrical Inspector. The person chosen to fill the Office of Electrical Inspector shall be a competent electrician of good moral character. He shall have had at least five (5) years experience as a journeyman in the practice of his trade, or three (3) years training in a recognized college of electrical engineering and in addition thereto, two (2) years of practical experience in electrical construction for safety to life and property, and have knowledge of the statutes of the State of Illinois relating to electrical work and rules and regulations issued by the Fire Marshall of Illinois under authority of the safety rules and standards approved by the American Engineering Standards Committee. The Electrical Inspector shall be appointed by the Mayor, by and with the advice and consent of the City Council.

    B.    Fees. The City Clerk shall collect all fees in advance and shall turn all fees over to the City Treasurer for use by the City and shall make a monthly report to the City Council in relation thereto.

    C.    Salary. The salary of the Electrical Inspector shall be set by the City Council. (Ord. 1431 § 3, 1996)

15.32.040

(15.32.040 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.050    Installation or alteration of electrical equipment--Permit required.

    Work permits are required for all electrical installations, alterations and replacements of electrical wiring, equipment, supplies or devices to be installed in or on property or improvements on property in the City, as follows:

    A.    Where any building is undergoing remodeling, all changes to be made to the electrical installation must be reviewed with the City’s Electrical Inspector and a work permit obtained before the work proceeds.

    B.    The City’s Electrical Inspector shall issue work permits to licensed electrical contractors or a homeowner, provided the homeowner personally performs the electrical work and provided the electrical work is to be installed in the home occupied by the owner and that the home is a single family residence or owner occupied duplex.

    C.    When a work permit is issued, as provided in the preceding subsection B of this section, the Electrical Inspector will inspect such installation and will issue a certificate of approval if the installation meets the requirements of the City’s Electrical Code. If the installation fails to meet the requirements of the City’s Electrical Code, the permit shall be revoked. (Ord. 1840 § 1, 2000: Ord. 1431 § 3-1, 1996)

15.32.050

(15.32.050 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.060    Inspections.

    A.    The Electrical Inspector shall inspect and shall require that all work and installations conform to the standards and specifications applicable thereto which have been recommended and adopted as herein provided.

    B.    The Electrical Inspector shall have the right during reasonable hours to enter any building in the discharge of his official duties, for the purpose of making any inspection or test of the installation or alteration of electrical equipment contained therein, and shall have the authority to cause the turning off of all electrical currents and to cut or disconnect any conductors where such electrical currents are dangerous to life or property, or may interfere with the work of the Fire Department. (Ord. 1840 § 3, 2000; Ord. 1431 § 3-2, 1996)

    C.    Any re-inspection of any wiring installation made necessary through the failure of the contractor or homeowner wiring his own home, to properly install same, or in violation of the rules, shall be charged Twenty-Five Dollars ($25.00) for each additional inspection.  The re-inspection fee is to be paid by the contractor or homeowner wiring his own home.

    

(15.32.060 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.070    Certificate of inspection.

    Upon the completion of the installation or alteration of electrical equipment in any building, it shall be the duty of the person installing or altering the same to notify the Electrical Inspector who shall inspect the work within forty-eight (48) hours after such notice is given, and if such electrical equipment is found to be fully in compliance with this ordinance, and does not constitute a hazard to life or property, he shall issue to such person for delivery to the owner, a Certificate of Inspection authorizing connection to the electrical service by Illinois Power Company or the Monroe County Electrical Cooperative, and the company turning on the current for owner with certificate of final inspection. All wiring which is to be hidden from view shall be inspected before concealment and any person installing such wires shall notify the Electrical Inspector giving him forty-eight (48) hours in which to make the required inspection before such wires are concealed. (Ord. 1431 § 3-4, 1996)

15.32.070

(15.32.070 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.080    National Electrical Code.

    No Certificate of Inspection shall be issued unless the electrical equipment is in strict conformity with the provisions of the ordinances of this City and with the statutes of the State of Illinois. Compliance with the regulations as laid down from time to time in the National Electrical Code, as approved by the American Engineering Standards Committee, unless in conflict with such ordinances or statutes, shall be prima facie evidence of proper installation or alteration. (Ord. 1431 § 3-5, 1996)

15.32.080

(15.32.080 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.090    Time of inspection.

    The provisions for inspection of work authorized by the permits issued in accordance herewith shall not be construed as prohibiting the inspection of any electrical equipment whenever the Electrical Inspector shall determine that the public safety requires it. (Ord. 1431 § 3-6, 1996)

15.32.090

(15.32.090 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.100    Records.

    The Electrical Inspection Department shall keep complete records of all permits issued and inspections made and other official work performed under the provisions of this chapter. (Ord. 1431 § 3-7, 1996)

15.32.100

(15.32.100 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.110    Installation regulations.

    A.    Any electrical installation not covered by the following rules shall be governed by the current National Electrical Code as adopted by the American Engineering Standards Committee, with such modifications and exceptions as are recommended by the Electrical Commission.

    B.    Where any building is undergoing remodeling, any changes to be made in the electrical installation must be taken up with the Electrical Inspector and approval obtained before the work proceeds.

    C.    An inspection and certificate of approval by the Electrical Inspector will be required on the wiring in all new buildings or in remodeled buildings before the same will be connected to supply lines.

    D.    Temporary permits may be issued at the option of the Electrical Inspector. Permits shall be taken out for both old and new work and shall cover all work to be done. Permits must be obtained before work is started and such permits are not transferrable.

    E.    Permits shall be issued only to Registered Electrical Contractors, or a homeowner, provided such homeowner is qualified to perform electrical construction work, and provided that such electrical construction work is to be installed in the home occupied by the owner and that the home is a single-family residence. The Electrical Inspector shall pass upon the qualifications of the homeowner.

    F.    In order for permits to be issued to homeowners, as provided in said subsection E above, the homeowner must demonstrate to the satisfaction of the Electrical Inspector that he is qualified to perform electrical construction work, and that he either presently occupies the home in which the electrical installation is sought to be made, or will, within a reasonable time, occupy the home then under construction.  Further provided that any person who builds a home or remodels a home for the purpose of rental or sale shall not be classed as a homeowner, as provided in subsection E above.  It shall be prima facie evidence that the home was built or remodeled for resale if it is occupied by the builder or remodeler for a period less than two (2) years.

    G.    Any new wiring methods or systems not previously approved by the City Electrical Commission shall not be used until presented and approved by the Electrical Commission. (Ord. 1431 § 3-8, 1996)

15.32.110

(15.32.110 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.120    Inspection fees.

    The rates for electrical inspections shall be in an amount to be set by City Ordinance from time to time. (Amended during 1997 codification: Ord. 1431 § 3-9, 1996)

15.32.120

(15.32.120 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.130    Annual inspections.

    The wiring of lighting or power installation in all buildings other than residences anywhere in the city may be inspected annually by the Electrical Inspector. The Inspector shall leave a written notice of any changes which may be required with the person in charge of the premises after making any inspection. The changes shall be made within thirty (30) days after receipt of the notice, unless, in the opinion of the Inspector, the changes should be made immediately. The Inspector shall re-inspect the premises after the changes are made. (Ord. 1431 § 3-10, 1996)

15.32.130

(15.32.130 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.140    Right of appeal.

    Any person, firm or corporation not in agreement with the decision of the Electrical Inspector shall have the right to appeal to the Electrical Commission of the city, and the decision of the Electrical Commission shall be final in all cases. (Ord. 1431 § 3-11, 1996)

15.32.140

(15.32.140 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.150    Rules governing electrical installations.

    All wiring shall be in compliance with the latest publication of the National Electric Code.

    A.    Aluminum wiring shall not be permitted in any installation within the City of Columbia.

    1.    Exception No. 1. Shall be permitted for feeders in outbuildings only at the discretion of the Electrical Inspector.

    B.    Number of Receptacles and Wire Size. Receptacles in kitchen, dining and utility areas shall be wired with at least No. 12 wire and not more than four (4) outlets per circuit. Any one dishwasher, refrigerator, microwave, or central vacuum system shall be on separate circuits. All other wiring shall be at least No. 12 wire and not more than twelve (12) outlets per circuit.

    1.    Exception No. 1. When it is a part of an approved cable assemblage, the ground conductor may be sized as required by the most current edition of the National Electric Code.

    2.    Exception No. 2. Where adequate mechanical protection is provided, any adequate ground conductor.

    3.    Exception No. 3. For installation as low voltage conductor where the voltage does not exceed fifty (50) volts between conductors, or to ground.

    4.    Exception No. 4. For control wiring only, as permitted by the National Electrical Code, Current Edition, however, this exception is not to be construed to include switch legs or circuits over fifty (50) volts.

    C.    Dryer, Range, Oven and Countertop. An electric range may be wired with a minimum conductor #8-3 with ground. Where range and oven are separate, the range top must be wired with #8-3 with ground and the oven shall be wired with #10-3 with ground. Dryers shall be wired with #10-3 with ground.

    D.    Smoke Detectors. Smoke detectors are to be installed according to the Columbia Building Codes and wired according to the City of Columbia Electric Code. A copy of the section of the Columbia Building Codes entitled "Single and Multiple-Station Smoke Detectors" is included as part of the City of Columbia Electric Code. (Section 920.0 Single and Multiple Station Smoke Detectors of the Columbia Building Codes)

    E.    Additional Load on Existing Service. It shall be the responsibility of the contractor or other authorized person adding additional circuits and/or equipment to existing services to determine beforehand if said service is of sufficient size and capacity to carry such additional load according to the rules established under other sections of this code, and, if not, it shall be unlawful to make said addition until the service has been increased to required size. (Ord. 1757 § 1, 1999: Ord. 1431 § 4, 1996)

15.32.150

(Ordinance No. 2714, Amended, 04/06/2009, Changed reference of BOCA Code to Columbia Building Codes.; Ordinance No. 2714, Amended, 04/06/2009, Change all references of BOCA Building Code to Columbia Building Codes.; 15.32.150, Amended, 12/30/2002; 15.32.150 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.160    Services.

    A.    Workmanship. Services shall be installed in a neat and workmanlike manner, securely anchored, with the least amount of bends or fitting that the particular installation will permit, and all holes cut for installation of conduits through walls and foundations shall be securely patched with mortar or other suitable material as compatible with the finish of the walls or foundation as possible, so as to prevent the entrance of air current and moisture. Careless and slipshod work will not be permitted under any circumstances.

    B.    Grounding. Special attention must be paid to Article 250 of the National Electric Code, Current Edition, with regard to grounding of service equipment.

    C.    Specifications. Service entrances shall be installed as per Illinois Power Company or Monroe County Electric Cooperative and National Electrical Code specifications.

    D.    Extensions. Services shall be so installed that the maximum extension within a building or structure of the service run shall not exceed twenty-five (25) feet before providing over-current protection, and a means of disconnecting service.

    E.    Location. Service equipment, panel boards and switchboards shall not be located in bathrooms,

restrooms, shower rooms, clothes closets, nor above washers and plumbed-in fixtures. (Ord. 1431 § 5 (part), 1996)

15.32.160

(15.32.160 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.170    Electrical contractors.

     A.    Defined. The term "Electrical Contractor," as used in this section, means any person, firm or corporation engaged in the business of installing or altering electrical equipment.

    B.    Registration. Any person desiring to engage in the business of Electrical Contractor in the City of Columbia shall be registered as follows:

    Upon filing of such application in proper form and the payment of the fee fixed herein, the Electrical Inspector shall submit such application to the Electrical Commission, who after examining said application, reserves the right to verify applicant's work experience by examination, written or oral. If passed, he shall be registered as an Electrical Contractor. The Electrical Inspector shall issue to the applicant a Certificate of Registration which will authorize the applicant to engage in such business for the year in which it is issued and shall be renewed from year to year at the discretion of the Electrical Commission. The Electrical Inspector shall keep a suitable record of such registrations.

    No person having obtained an Electrical Contractor Registration with the City of Columbia shall allow his name or his business name to be used by another person or company either for the purpose of obtaining permits or for doing electrical business or electrical work under this code.

    C.    Fee. The fee for registration as an Electrical Contractor shall be in an amount to be set by City Ordinance from time to time, and which sum shall be paid by the applicant to the City Clerk in advance upon filing the application.  All fees paid by the Electrical Contractor shall be paid to the City Clerk.

    D.    Bonding. The City of Columbia will no longer require a performance bond from Registered Electrical Contractors. (Ord. 1431 § 5 (part), 1996)

15.32.170

(15.32.170 (Ord. 2043), Amended, 04/15/2002)

 

Section 15.32.180    Violation--Penalty.

    Any person violating any provision of this section thereof, shall be fined in the amount not less than Seventy-Five Dollars ($75.00), nor more than Seven Hundred Fifty Dollars, ($750.00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable hereunder as such. (Ord. 1431 § 6, 1996)

(15.32.180 (Ord. 2043), Amended, 04/15/2002)



 

Chapter 15.36

HOUSING CODE

Sections:

15.36.010    Occupancy requirements.

15.36.020    Sanitation.

15.36.030    Grading and drainage.

15.36.040    Noxious weeds.

15.36.050    Insect and rodent harborage.

15.36.060    Accessory structures.

15.36.070    Motor vehicles.

15.36.080    Foundations, walls and roof.

15.36.090    Stairs, porches and railings.

15.36.100    Windows, doors and hatchways.

15.36.110    Screening.

15.36.120    Free from dampness.

15.36.130    Structural members.

15.36.140    Interior stairs and railings.

15.36.150    Bathroom and kitchen floors.

15.36.160    Sanitation.

15.36.170    Insect and rodent harborage.

15.36.180    Interior walls, ceilings and floors.

15.36.190    Basic facilities.

15.36.200    Sanitary facilities.

15.36.210    Water and sewer system.

15.36.220    Heating facilities.

15.36.230    Rubbish storage facilities.

15.36.240    Garbage storage or disposal facilities.

15.36.250    Facilities and equipment.

15.36.260    Plumbing fixtures.

15.36.270    Plumbing systems.

15.36.280    Heating equipment.

15.36.290    Minimum ceiling heights.

15.36.300    Required space in dwelling units.

15.36.310    Required space in sleeping rooms.

15.36.320    Access limitation of dwelling unit to commercial uses.

15.36.330    Location of bath and second sleeping room.

15.36.340    Occupancy of dwelling units below grade.

15.36.350    Natural light in habitable rooms.

15.36.360    Light in nonhabitable work space.

15.36.370    Light in common halls and stairways.

15.36.380    Adequate ventilation.

15.36.390    Ventilation and light in bathroom and water closet.

15.36.400    Overcrowding of rooms.

15.36.410    Minimum requirements for safety from fire.

15.36.420    Storage of flammable liquids prohibited.

15.36.430    Cooking and heating equipment.

15.36.440    Responsibilities of persons.

15.36.450    Cleanliness.

15.36.460    Disposal of rubbish.

15.36.470    Disposal of garbage.

15.36.480    Use and operation of supplied plumbing fixtures.

15.36.490    Installation and care of plumbing fixtures furnished by occupant.

15.36.500    Rooming houses.

15.36.510    Rooming houses--Water closet, hand lavatory and bath facilities.

15.36.520    Rooming houses--Minimum floor area for sleeping purposes.

15.36.530    Rooming houses--Bed linen and towels.

15.36.540    Rooming houses--Shades, drapes and window coverings.

15.36.550    Rooming houses--Sanitary conditions.

15.36.560    Rooming houses--Sanitary facilities.

15.36.570    Violation--Penalty.

Section 15.36.010    Occupancy requirements.

    No person shall occupy as owner-occupant or let to another for occupancy any structure or premises which does not comply with the following requirements. The building inspector of the municipality may cause periodic inspections to be made of all premises to secure compliance with these requirements. (Prior code §§ 17-1-1, 17-1-8, 17-1-13, 17-1-27, 17-1-33 and 17-1-40)

15.36.010

 

Section 15.36.020    Sanitation.

    All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. (Prior code § 17-1-2)

15.36.020

 

Section 15.36.030    Grading and drainage.

    All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any building or structure located thereon. (Prior code § 17-1-3)

15.36.030

 

Section 15.36.040    Noxious weeds.

    All exterior property areas shall be kept free from species of weeds or plant growth which are noxious or detrimental to the public health. (Prior code § 17-1-4)

15.36.040

 

Section 15.36.050    Insect and rodent harborage.

    Every owner of a structure or property shall be responsible for the extermination of insects, rodents, vermin or other pests in all exterior areas of the premises, except that the occupant shall be responsible for such extermination in the exterior areas of the premises of a single-family dwelling. Whenever infestation exists in the shared or public part of premises of other than a single-family dwelling, extermination shall be the responsibility of the owner. (Prior code § 17-1-5)

15.36.050

 

Section 15.36.060    Accessory structures.

    All accessory structures, including detached garages, shall be maintained structurally sound and in good repair. (Prior code § 17-1-6)

15.36.060

 

Section 15.36.070    Motor vehicles.

    A.    No more than one currently unregistered and/or uninspected motor vehicle shall be parked on any property in a residential district, and at no time shall the vehicle be in any state of major disassembly, disrepair or shall it be in the process of being stripped and dismantled. At no time shall any vehicle of any type undergo major overhaul, including body work, in a residential district.

    B.    No more than two currently unregistered and/or uninspected motor vehicles shall be permitted on any property in business, commercial or industrial zone, and at no time shall the vehicle(s) be in any state of major disassembly, disrepair or shall it be in the process of being stripped or dismantled. At no time shall any vehicle of any type undergo major overhaul, including body work, in a business, commercial or industrial zone, except at any approved/licensed automobile establishment. (Prior code § 17-1-7)

15.36.070

 

Section 15.36.080    Foundations, walls and roof.

    Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rodents.

    A.     Foundations. The foundation elements shall adequately support the building at all points.

    B.    Exterior Walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain, or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface material must be painted in accordance with acceptable standards, and all siding material must be kept in repair.

    C.     Roofs. The roof shall be structurally sound, tight, and have no defects which might admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the building. (Prior code § 17-1-9)

15.36.080

 

Section 15.36.090    Stairs, porches and railings.

    Stairs and other facilities shall be adequate for safety as provided in the building code and shall comply with the following:

    A.    Structural Safety. Every outside stair, every porch, and every appurtenance attached thereto shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected as required by the building code and shall be kept in sound condition and good repair.

    B.    Handrails. Where the building official deems it necessary for safety, every flight of stairs, which is more than two risers high, shall have handrails which shall be located as required by the building code, and every porch which is more than two risers high shall have handrails so located and of such design as required by the building code. Every handrail and balustrade shall be firmly fastened and shall be maintained in good condition. (Prior code § 17-1-10)

15.36.090

 

Section 15.36.100    Windows, doors and hatchways.

    Every window, exterior door, and basement hatchway shall be substantially tight and shall be kept in sound condition and repair.

    A.    Windows to be Glazed. Every window sash shall be fully supplied with glass window panes or an approved substitute which are without open cracks or holes.

    B.    Windows to be Tight. Every window sash shall be in good condition and fit reasonably tight within its frame.

    C.    Windows to be Openable. Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware.

    D.    Door Hardware. Every exterior door, door hinge and door latch shall be maintained in good condition.

    E.    Doors to Fit in Frame. Every exterior door, when closed, shall fit reasonably well within its frame.

    F.    Window and Door Frames to Fit in Wall. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling or structure.

    G.    Basement Hatchways. Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain, and surface drainage water into the dwelling or structure.

    H.    Exit Doors. Every door available as an exit shall be capable of being opened from the inside easily and without the use of a key. (Prior code § 17-1-11)

15.36.100

 

Section 15.36.110    Screening.

    Guards and screens shall be supplied for protection against rodents and insects in accordance with the following requirements.

    A.    Guards for Basement Windows. Every basement or cellar window which is openable shall be supplied with corrosion-resistive, rodent-proof shields of not less than No. 22 U.S. gauge perforated steel sheets, or No. 20 B & S gauge aluminum, or No. 16 U.S. gauge expanded metal or wire mesh screens, with not more than one-half-inch mesh openings, or with other material affording equivalent protection against the entry of rodents, including storm windows.

    B.    Insect Screens. From June 1st to October 15th of each year, every door opening directly from any dwelling or multifamily dwelling to the outdoors, and every window or other outside opening used for ventilation purposes, shall be supplied with approved screening, and every swinging screen door shall have a self-closing device in good working condition, except that no such screens shall be required for a dwelling unit on a floor above the fifth floor. (Prior code § 17-1-12)

15.36.110

 

Section 15.36.120    Free from dampness.

    In every building, cellars, basements and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure as required by the building code. (Prior code § 17-1-14)

15.36.120

 

Section 15.36.130    Structural members.

    The supporting structural members of every building shall be maintained structurally sound, showing no evidence of deterioration which would render them incapable of carrying the imposed loads in accordance with the provisions of the building code. (Prior code § 17-1-15)

15.36.130

 

Section 15.36.140    Interior stairs and railings.

    Stairs shall be provided in every structure as required by the building code.

    A.    Maintained in Good Repair. All interior stairs of every structure shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting a load as required by the provisions of the building code.

    B.    Handrails. Every stairwell and every flight of stairs, which is more than two risers high, shall have handrails or railings located in accordance with the provisions of the building code. Every handrail or railing shall be firmly fastened and must be maintained in good condition. Properly balustraded railings capable of bearing normally imposed loads as required by the building code, shall be placed on the open portions of stairs, balconies, landings and stairwells. (Prior code § 17-1-16)

15.36.140

 

Section 15.36.150    Bathroom and kitchen floors.

    Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. (Prior code § 17-1-17)

15.36.150

 

Section 15.36.160    Sanitation.

    The interior of every dwelling and structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. Rubbish, garbage and other refuse shall be properly kept inside temporary storage facilities, as required by Section 15.36.230. (Prior code § 17-1-18)

15.36.160

 

Section 15.36.170    Insect and rodent harborage.

    Buildings shall be kept free from insect and rodent infestation, and where insects or rodents are found, they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.

    A.    Extermination from Buildings. Every owner of a dwelling or multifamily dwelling shall be responsible for the extermination of insects, rodents, vermin or other pests whenever infestation exists in two or more of the dwelling units, or in the shared or public parts of the structure.

    B.    Extermination from Single Dwelling Units. The occupant of a dwelling unit in a dwelling or multifamily dwelling shall be responsible for such extermination within the unit occupied by him whenever his dwelling unit is the only unit in the building that is infested.

    C.    Responsibility of Owner. Notwithstanding the foregoing provisions, whenever infestation of rodents is caused by failure of the owner to maintain any dwelling or multifamily dwelling in a rodent-proof condition, extermination of such rodents shall be the responsibility of the owner. (Prior code § 17-1-19)

15.36.170

 

Section 15.36.180    Interior walls, ceilings and floors.

    All interior walls, ceilings and floors shall be structurally sound, in good repair, free from defects, clean and painted, decorated or papered with commercial wallpaper. (Prior code § 17-1-20)

15.36.180

 

Section 15.36.190    Basic facilities.

    No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements. (Prior code § 17-1-21)

15.36.190

 

Section 15.36.200    Sanitary facilities.

    The following minimum sanitary facilities shall be supplied and maintained in sanitary, safe working condition.

    A.    Water Closet. Every dwelling unit shall contain within its walls a room, separate from the habitable rooms, which affords privacy and which is equipped with a water closet.

    B.    Lavatory. Every dwelling unit shall contain a lavatory which, when a closet is required shall be in the same room with said water closet.

    C.    Bathtub or Shower. Every dwelling unit shall contain a room which affords privacy to a person in said room and which is equipped with a bathtub or shower, or both.

    D.    Kitchen Sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory required under subsection B of this section. (Prior code § 17-1-22)

15.36.200

 

Section 15.36.210    Water and sewer system.

    Every kitchen sink, lavatory basin, bathtub or shower and water closet required under the provisions of Section 15.36.200 shall be properly connected to the public water system and public sewer or approved private sewer system. All sinks, lavatories, bathtubs and showers shall be supplied with hot and cold running water.

    Water Heating Facilities. Every dwelling unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained, and properly connected with hot water lines to the fixtures required to be supplied with hot water under Section 15.36.220. Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower and laundry facility or other similar units, at a temperature of not less than one hundred thirty (130) degrees Fahrenheit at any time needed. (Prior code § 17-1-23)

15.36.210

 

Section 15.36.220    Heating facilities.

    Every dwelling and multifamily dwelling shall have heating facilities, and the owner of the heating facilities shall be required to see that they are properly installed, safely maintained and in good working condition, and that they are capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein, to a temperature of at least an average of seventy (70) degrees Fahrenheit with an outside temperature of ten degrees below zero. The owner shall maintain a minimum average room temperature of seventy (70) degrees Fahrenheit in all habitable rooms, including bathrooms and toilet rooms when rented, at all times on the basis of ten degrees below zero outside. The temperatures shall be existent at a level of three feet above the floor level and three or more feet from an exterior wall.

    Operating of Heating Facilities and Incinerators. Every heating or water heating facility and incinerator shall be installed and shall operate in accordance with the requirements of the building code or the air pollution control ordinances of the city or the state of Illinois. (Prior code § 17-1-24)

15.36.220

 

Section 15.36.230    Rubbish storage facilities.

    Every dwelling, multifamily dwelling and dwelling unit shall be supplied with approved containers and covers for storage of rubbish, and the owner, operator or agent in control of such dwelling or multifamily dwelling shall be responsible for the removal of such rubbish. (Prior code § 17-1-25)

15.36.230

 

Section 15.36.240    Garbage storage or disposal facilities.

    Every dwelling or multifamily dwelling and every dwelling unit shall be supplied with an approved garbage disposal facility, which may be any adequate mechanical garbage disposal unit (mechanical sink grinder), in each dwelling unit or an incinerator unit, to be approved by the building inspector in the structure for the use of the occupants of each dwelling unit, or an approved outside garbage can or cans. (Prior code § 17-1-26)

15.36.240

 

Section 15.36.250    Facilities and equipment.

    All required equipment and all building space and parts in every building or structure shall be constructed and maintained so as to properly and safely perform their intended function in accordance with the provisions of the building code.

    Maintained Clean and Sanitary. All building facilities shall be maintained in a clean and sanitary condition by the occupant so as not to breed insects and rodents or produce dangerous or offensive gases or odors. (Prior code § 17-1-28)

15.36.250

 

Section 15.36.260    Plumbing fixtures.

    In buildings and structures, water lines, plumbing fixtures, vents and drains shall be properly installed, connected and maintained in working order and shall be kept free from obstructions, leaks and defects and capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of the building code or plumbing code of the municipality. (Prior code § 17-1-29)

15.36.260

 

Section 15.36.270    Plumbing systems.

    In buildings and structures, every plumbing stack, waste and sewer line shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration or health hazards. All repairs and installations shall be made in accordance with the provisions of the building code and plumbing code of the municipality. (Prior code § 17-1-30)

15.36.270

 

Section 15.36.280    Heating equipment.

    Every space heating, cooking and water heating device located in a building or structure shall be properly installed, connected and maintained, and shall be capable of performing the function for which it was designed in accordance with the provisions of the building code. (Prior code § 17-1-31)

15.36.280

 

Section 15.36.290    Minimum ceiling heights.

    Habitable rooms in existing buildings shall have a clear ceiling height over the minimum area required by this code at not less than seven and one-third feet, except that in attics or top half-stories, the ceiling height shall be not less than seven feet over not less than one-third of the minimum area required by this code when used for sleeping, study or similar activity. In calculating the floor area of such rooms, only those portions of the floor area of the room having a clear ceiling height of five feet or more may be included. (Prior code § 17-1-34)

15.36.290

 

Section 15.36.300    Required space in dwelling units.

    Every dwelling unit shall contain a minimum gross floor area of not less than one hundred fifty (150) square feet for the first occupant, and one hundred (100) square feet for each additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms. (Prior code § 17-1-35)

15.36.300

 

Section 15.36.310    Required space in sleeping rooms.

    In every dwelling unit, every room occupied for sleeping purposes by one occupant shall have a minimum gross floor area of at least seventy (70) square feet. Every room occupied for sleeping purposes by more than one occupant shall contain at least fifty (50) square feet of floor area for each occupant thereof. (Prior code § 17-1-36)

15.36.310

 

Section 15.36.320    Access limitation of dwelling unit to commercial uses.

    No habitable room, bathroom or water closet compartment which is accessory to a dwelling unit shall open directly into or shall be used in conjunction with a food store, barber or beauty shop, doctor's or dentist's examination or treatment room, or similar room used for public purposes. (Prior code § 17-1-37)

15.36.320

 

Section 15.36.330    Location of bath and second sleeping room.

    No residence building or dwelling unit containing two or more sleeping rooms shall have such room arrangement that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room, nor shall the room arrangement be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment. Existing one-family dwellings where no lodgers are occupants may be exempt from the requirement concerning access through a first sleeping room. (Prior code § 17-1-38)

15.36.330

 

Section 15.36.340    Occupancy of dwelling units below grade.

    No dwelling unit partially below grade shall be used for living purposes unless:

    A.    Floors and walls are water-tight;

    B.    Total window area, total openable area and ceiling height are in accordance with this code; and

    C.    Required minimum window area of every habitable room is entirely above the grade of the ground adjoining such window area. (Prior code § 17-1-39)

15.36.340

 

Section 15.36.350    Natural light in habitable rooms.

    Every habitable room shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable room shall be ten percent of the floor area of such room, except in kitchens when artificial light may be provided in accordance with the provisions of the building code. Whenever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. (Prior code § 17-1-41)

15.36.350

 

Section 15.36.360    Light in nonhabitable work space.

    Every laundry, furnace room, and all similar non-habitable work spaces located in a building or structure shall have one supplied electric light fixture available at all times. (Prior code § 17-1-42)

15.36.360

 

Section 15.36.370    Light in common halls and stairways.

    Every common hall and inside stairway in every building, other than one-family dwelling, shall be adequately lighted at all times with an illumination of at least five lumens per square foot in the darkest portion of the normally traveled stairs and passageways. (Prior code § 17-1-43)

15.36.370

 

Section 15.36.380    Adequate ventilation.

    Every room shall have at least one window which can be easily opened or such other device as will adequately ventilate the room. The total openable window area in every room shall be equal to at least forty-five (45) percent of the minimum window area size required in Section 15.36.350 except that no openable window shall be required in bathrooms or water closet compartments equipped with an approved ventilation system. (Prior code § 17-1-45)

15.36.380

 

Section 15.36.390    Ventilation and light in bathroom and water closet.

    Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms as required by Sections 15.36.350 and 15.36.380, except that no window shall be required in bathrooms or water closet compartments equipped with an approved ventilation system. (Prior code § 17-1-46)

15.36.390

 

Section 15.36.400    Overcrowding of rooms.

    If any room in a dwelling is overcrowded, the building inspector may order the number of persons sleeping or living in the room to be so reduced that there shall be not less than four hundred (400) cubic feet of air to each adult and two hundred (200) cubic feet of air to each child under twelve (12) years of age occupying such room.

    Cooking Facilities. No cooking shall be permitted in any sleeping room in any dwelling or dwelling unit, and no cooking facility or appliance shall be permitted in any sleeping room. (Prior code § 17-1-47)

15.36.400

 

Section 15.36.410    Minimum requirements for safety from fire.

    No person shall occupy as owner-occupant, or shall let to another for occupancy, any structure which does not comply with the applicable provisions of the fire prevention sections of the building code of the municipality and the following additional requirements for safety from fire. (Prior code § 17-1-48)

15.36.410

 

Section 15.36.420    Storage of flammable liquids prohibited.

    No dwelling, multifamily dwelling unit, or rooming unit shall be located within a building containing any establishment handling, dispensing or storing flammable liquids with a flash point of one hundred ten (110) degrees Fahrenheit or lower. (Prior code § 17-1-49)

15.36.420

 

Section 15.36.430    Cooking and heating equipment.

    All cooking and heating equipment, components and accessories in every heating, cooking and water heating device shall be maintained free from leaks and obstructions, and kept functioning properly so as to be free from fire, health and accident hazards. All installations and repairs shall be made in accordance with the provisions of the building code, or other laws or ordinances of the municipality applicable thereto. Portable cooking equipment employing flame is prohibited. (Prior code § 17-1-50)

15.36.430

 

Section 15.36.440    Responsibilities of persons.

    Occupants of structures and/or premises and owners or operators of rooming houses shall be responsible for maintenance thereof as provided in this chapter. (Prior code § 17-1-51)

15.36.440

 

Section 15.36.450    Cleanliness.

    Every occupant of a building or part thereof shall keep that part of the building or premises thereof which he occupies, controls or uses in a clean and sanitary condition. (Prior code § 17-1-52)

15.36.450

 

Section 15.36.460    Disposal of rubbish.

    Every occupant of a building or part thereof shall dispose of all his rubbish in a clean and sanitary manner by placing it in rubbish containers required by Section 15.36.240. (Prior code § 17-1-53)

15.36.460

 

Section 15.36.470    Disposal of garbage.

    Every occupant of a building or part thereof shall dispose of his garbage in a clean and sanitary manner by placing it in the garbage disposal facilities, or if such facilities are not available, by removing all non-burnable matter and securely wrapping such garbage and placing it in tight, metal garbage storage containers as required by Section 15.36.240 of this code, or by such other disposal method as may be required by applicable ordinance(s) of the city. (Prior code § 17-1-54)

15.36.470

 

Section 15.36.480    Use and operation of supplied plumbing fixtures.

    Every occupant of a building or part thereof shall keep the supplied plumbing fixtures therein clean and sanitary and shall be responsible for the exercise of reasonable care in their proper use and operation. (Prior code § 17-1-55)

15.36.480

 

Section 15.36.490    Installation and care of plumbing fixtures furnished by occupant.

    Every plumbing fixture furnished by the occupant of a building or structure shall be properly installed and shall be maintained in good working condition, kept clean and sanitary and free from defects, leaks or obstructions. (Prior code § 17-1-56)

15.36.490

 

Section 15.36.500    Rooming houses.

    Every person who operates a rooming house, or who occupies or lets to another for occupancy any rooming unit in any rooming house, shall comply with the provisions of every section of this code, except as provided in the following sections. (Prior code § 17-1-57)

15.36.500

 

Section 15.36.510    Rooming houses--Water closet, hand lavatory and bath facilities.

    At least one water closet, lavatory basin, and bathtub or shower properly connected to an approved water and sewer system and in good working condition, shall be supplied for each four rooms within a rooming house wherever the facilities are shared. All such facilities shall be located within the residence building served and shall be directly accessible from a common hall or passageway and shall be not more than one story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar. (Prior code § 17-1-58)

15.36.510

 

Section 15.36.520    Rooming houses--Minimum floor area for sleeping purposes.

    Every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than two persons shall contain at least fifty (50) square feet of floor area for each occupant thereof. (Prior code § 17-1-59)

15.36.520

 

Section 15.36.530    Rooming houses--Bed linen and towels.

    The operator of every rooming house shall supply bed linen and towels therein at least once each week, and prior to the letting of any room to another occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. (Prior code § 17-1-60)

15.36.530

 

Section 15.36.540    Rooming houses--Shades, drapes and window coverings.

    Every window of every rooming unit shall be supplied with shades, drawn drapes or other devices or material which, when properly used, will afford privacy to the occupant of the rooming unit. (Prior code § 17-1-61)

15.36.540

 

Section 15.36.550    Rooming houses--Sanitary conditions.

    The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings and for the sanitary maintenance of every other part of the rooming house, and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained is leased or occupied by the operator. (Prior code § 17-1-62)

15.36.550

 

Section 15.36.560    Rooming houses--Sanitary facilities.

    Every water closet, flush urinal, lavatory basin and bathtub or shower required by Section 15.36.200 shall be located within the rooming house and within a room or rooms which:

    A.    Afford privacy and are separate from the habitable rooms; and

    B.    Are accessible from a common hall and without going outside the rooming house or through any other room therein. (Prior code § 17-1-63)

15.36.560

 

Section 15.36.570    Violation--Penalty.

    Any person, firm or corporation violating or refusing to comply with any provision of this chapter shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Prior code § 17-1-64)



 

Chapter 15.40

PLUMBING CODE

Sections:

15.40.010    Permit required.

15.40.020    Fees.

15.40.030    New plumbing--Exposure for inspection.

15.40.040    Specifications--Adoption of State Plumbing Code.

15.40.050    Enforcing officer.

15.40.060    Copy of plumbing code.

15.40.070    Separate drainage for buildings.

15.40.080    Standards.

15.40.090    Violation--Penalty.

Section 15.40.010    Permit required.

    No plumbing shall be installed in any place in the city unless a permit therefor is first obtained. Applications for such permits shall be made to the city clerk and shall state thereon the name of the person or contractor intended to have charge of the installation, and the nature and extent of the proposed installation. (Prior code § 29-1-1)

15.40.010

 

Section 15.40.020    Fees.

    The fees for such permit shall be such as may be prescribed by city ordinance or resolution from time to time. (Prior code § 29-1-2)

15.40.020

 

Section 15.40.030    New plumbing--Exposure for inspection.

    In both new and existing buildings, in all new plumbing installations and major repairs or replacement of existing sewer or connection pipes, the drain, soil, rainwater and other pipes connected directly or indirectly to any drain, soil or waste pipe, and all traps, shall be exposed for view, inspection and test by the plumbing inspector, and shall not be covered until such test is made. (Amended during 1997 codification: prior code § 29-1-3)

15.40.030

 

Section 15.40.040    Specifications--Adoption of State Plumbing Code.

    The plumbing and fixtures installed in any building in the city must be installed to comply with the State Plumbing Code, promulgated by the State Department of Health which is adopted as the standard of specification for plumbing. It is unlawful to install any plumbing or fixtures which do not comply with the above regulations. (Prior code § 29-1-4)

15.40.040

 

Section 15.40.050    Enforcing officer.

    The plumbing inspector shall enforce the provisions of the State Plumbing Code in the city. (Prior code § 29-1-5)

15.40.050

 

Section 15.40.060    Copy of plumbing code.

    The plumbing inspector shall keep on file in his office, three copies of the State Plumbing Code, which shall be available for inspection. (Prior code § 29-1-6)

15.40.060

 

Section 15.40.070    Separate drainage for buildings.

    Every building shall be separately and independently connected with a public or private sewer when there is such in the street abutting on the lot occupied by such building.

    The entire plumbing and drainage system of every building shall be entirely separate and independent from that of any other building, except where there are two buildings on one lot, one in the rear of the other; then if there is no sewer in the alley to which the rear building can be connected, the sewer in front of the building may be extended to serve the rear building. (Prior code § 29-1-7)

15.40.070

 

Section 15.40.080    Standards.

    All work done on any plumbing system shall be performed in an efficient and workmanlike manner. (Prior code § 29-1-8)

15.40.080

 

Section 15.40.090    Violation--Penalty.

    Any person, firm or corporation violating any of the provisions of this chapter, or continuing to work in violation of a stop order issued by the building inspector shall be fined not less than five dollars ($5.00), nor more than five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Prior code § 29-1-9)



 

Chapter 15.44

SIGN CODE

Sections:

15.44.009A    Article 1. General Provisions

15.44.010    Purpose.

15.44.020    Jurisdiction.

15.44.030    Interpretation.

15.44.040    Disclaimer of liability.

15.44.059A    Article 2. Definitions

15.44.060    Construction of terms.

15.44.070    Selected definitions.

15.44.079A    Article 3. General Street Graphics Regulations

15.44.080    General prohibition.

15.44.090    Calculation of sign area.

15.44.100    Sign area allowance.

15.44.110    Sign area allowance--Special situations.

15.44.120    Movement prohibited.

15.44.130    Illumination.

15.44.140    Street graphics not to be hazardous.

15.44.150    Structural and maintenance requirements.

15.44.159A    Article 4. Regulations Based on Type or Location of Street Graphics

15.44.160    Strictly prohibited street graphics.

15.44.165    Special displays and other temporary signs.

15.44.170    Permitted street graphics.

15.44.180    Agricultural and residential districts.

15.44.190    Commercial and industrial districts.

15.44.200    Commercial park CP-1--Low intensity, high quality retail business park districts.

15.44.210    Commercial park CP-2--Medium intensity and medium quality retail and wholesale business district.

15.44.220    Business park districts--BP-1 through BP-5.

15.44.225    Office Park 1 (OP-1) Districts.

15.44.230    Off-premises church directional signage.

15.44.240    Signs on historic landmarks and/or in historic districts.

15.44.249A    Article 5. Administration and Enforcement

15.44.250    Enforcement officer--Duties.

15.44.260    Registration of existing street graphics.

15.44.270    Street graphic permits.

15.44.280    Nonconforming street graphics.

15.44.290    Corrective action orders.

15.44.291    Removal of illegal street graphics.

15.44.300    Complaints.

15.44.310    Violations--Penalties.

15.44.320    Schedule of fees.

15.44.329A    Article 6. Special Permits and Procedures

15.44.330    Street graphics advisory committee--Established.

15.44.340    Street graphics advisory committee--Membership qualifications, recognition.

15.44.350    Street graphics advisory committee--Appointment, term, vacancies.

15.44.360    Street graphics advisory committee--Meetings, quorum, records.

15.44.370    Appeals.

15.44.380    Variances.

15.44.390    Amendments.

Section 15.44.009A    Article 1. General Provisions

 

Section 15.44.010    Purpose.

    In accordance with the enabling provisions of the Illinois Municipal Code (Ill. Rev. Stat., Ch. 24, Secs. 11-80-14 through 11-80-17 and Ch. 121, Secs. 501, et. seq.), this chapter establishes comprehensive regulations for the control of signs and other street graphics in order to preserve, protect and promote the public health, safety and general welfare of the citizens of the city. More specifically this chapter is intended to assist in achieving the following objectives:

    A.    To authorize the use of street graphics which are:

    1.    Compatible with their surroundings and the zoning district in which they are located,

    2.    Expressive of the image the city desires to project,

    3.    Appropriate to the type of establishment or activity to which they pertain, and

    4.    Legible in the circumstances in which they are seen;

    B.    To foster high quality commercial and industrial development, and to enhance the economic vitality of existing business and industry by promoting the reasonable, orderly and effective display of street graphics;

    C.    To encourage street graphics display practices and to militate against the objectionable effects of competitive practices respecting the size and placement of street graphics;

    D.    To enhance the physical appearance of this city by protecting the human-made and natural beauty of the area;

    E.    To protect pedestrians and motorists from any damage or injury that might result from the improper construction, placement or use of street graphics;

    F.    To protect the public investment in streets and highways by reducing the obstructions and distractions which might cause traffic accidents;

    G.    To preserve the value of private property by assuring the compatibility of street graphics with nearby land uses; and

    H.    To protect the visual beauty of the community by recognizing and encouraging aesthetically pleasing street graphics. (Ord. 892 § 1-1, 1991)

15.44.010

 

Section 15.44.020    Jurisdiction.

    This chapter shall be applicable within the corporate limits of the city, as they currently exist or may be hereafter extended. (Ord. 892 § 2, 1991)

15.44.020

 

Section 15.44.030    Interpretation.

    Every provision of this chapter shall be construed liberally by the city in favor of the city for the purpose of accomplishing the purposes of this chapter, and every requirement imposed herein shall be deemed minimal. Wherever the requirements of this chapter differ from the requirements of any other lawfully adopted ordinance or regulation, the more restrictive requirement shall prevail. (Ord. 892 § 1-3, 1991)

15.44.030

 

Section 15.44.040    Disclaimer of liability.

    A.    Except as may be provided otherwise by statute or ordinance, no officer, board member, committee member, agent or employee of the city shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this chapter.

    B.    A defense to any suit brought against any officer, board member, committee member, agent or employee of the city, as a result of any act required or permitted in the discharge of his or her duties under this chapter, shall be provided by the city. (Ord. 892 § 1-4, 1991)

15.44.040

 

Section 15.44.059A    Article 2. Definitions

 

Section 15.44.060    Construction of terms.

    In construing the intended meaning of the terminology used in this chapter, the following rules shall be observed:

    A.    Unless the context clearly indicates otherwise, words and phrases shall have the meaning respectively ascribed to them in Section 15.44.070; terms not defined in Section 15.44.070 shall have the meanings respectively ascribed to them in the zoning ordinance of the city; if any term is not defined either in Section 15.44.070 or in the zoning ordinance of the city, the term shall have the meaning ascribed to it by Webster's New Collegiate Dictionary.

    B.    Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.

    C.    Words used in the present tense shall include the future tense.

    D.    Words used in the singular number shall include the plural number, and the plural the singular.

    E.    The word "shall" is mandatory; the word "may" is discretionary.

    F.    The term "the city" means the city of Columbia, Illinois.

    G.    The word "person" means any individual, firm, partnership, unincorporated association or private or public corporation.

    H.    All distances shall be measured to the nearest integral foot; six inches or more shall be deemed to be one foot.

    I.    References to sections shall be deemed to include all subsections within that section; but a reference to a particular subsection designates only that subsection.

    J.    A general term that follows or is followed by enumeration or specific terms shall not be limited to the enumerated class unless expressly limited. (Ord. 892 § 2-1, 1991)

15.44.060

 

Section 15.44.070    Selected definitions.

    As used in this chapter:

    "Administrator" means the building inspector of the city or his or her duly authorized representative.

 

    "Alter" means to change the size, shape, height or other physical characteristics of a street graphic.

 

    "Amendment" means a change in the provisions of this chapter, properly affected in accordance with the procedures set forth herein.

 

    "Amortization" means the elimination of non-conforming street graphics over time in accordance with the schedule set forth in this chapter.

 

    "Appeal" means a procedure whereby any person aggrieved by any decision or order of the administrator in any matter related to the interpretation or enforcement of this chapter may seek relief from the city council.

 

    "Awning" means any rooflike structure made of cloth, metal or other material attached to a building and erected over window, doorway or other openings in a building in such manner as to permit its being raised or retracted to a position against the building when not in use.

 

    "Billboard" means any single- or double-faced street graphic that is permanently fixed or placed on real estate premises or improvements and that is used for the display of message or advertising not associated with the establishment located on the premises. A billboard typically has provisions for changing the message or advertisement thereon.

 

"Building Frontage" means the lineal extent of the building facing a street or public way, or the lineal extent of a building facing a public parking area if the building does not abut a street; except that:

    (i)    if a building has lot frontage on two intersecting streets, the total building frontage shall be the lineal distance measured along the building line of the lot on each of the two intersecting streets;

    (ii)    if a building has lot frontage on two streets which do not intersect, the total building frontage of the building shall be the lineal distance measured along the building line of the lot on the street on which the building on the lot faces (or if there is no building on the lot, then on the street containing the shorter lineal distance); and,

    (iii)    if a building is visible from the right-of-way of an interstate highway, the extent or boundary of the building line on the lot that is parallel to the highway shall not be considered building frontage unless the building does not have access to any other street, public way or parking lot.

 

    "Canopy" means a rooflike structure similar to an awning, except that it cannot be raised or retracted to a position against the building.

 

    "Changeable Copy Sign" means a sign or portion of a larger sign whereon different messages are displayed, including but not necessarily limited to public service messages, advertising for the business or businesses on-site, etc., and which has provision for changing the individual numbers, letters, or symbols in the message manually only with no electronic components.

 

    "Complex Identification Sign" is a monument sign used to identify a commercial zoned building complex/development.  The sign is located on the common ground of the building development complex.

 

    "Corrective Order" means a legally binding order to effect compliance with this chapter, issued by the administrator in accordance with the procedures set forth herein.

 

    "Electronic Message Board" or "Electronic Message Center" means a sign or portion of a larger sign whereon different messages are displayed, including but not necessarily limited to public service messages, advertising for the business or businesses on-site, projection of on-site activities in real-time, time, and temperature, etc., and which has provision for changing the message thereon electronically.  Such signs shall include those devices that display information using panels of individual lamps, rotating panels, liquid crystal displays (or similar technology) or rear projection screens.”

 

    "Establishment" means either of the following:

    1.    An institutional, business, commercial or industrial activity that is carried on or performed in one or more buildings; or

    2.    An institutional, business, commercial or industrial activity that occupies a portion of a building such that:

    a.    The activity is a logical and separate entity from the other activities within the building and not a department of the whole, and

    b.    The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.

 

    "Flush-Mounted Sign" means any sign attached to or erected against any wall, with the exposed face of the sign in a plane approximately parallel to the plane of the wall and not projected more than six inches out or away from the wall. Such signs shall not be painted directly on any exterior wall.

 

    "Freestanding Sign" means any sign supported by one or more uprights, poles or braces placed in or upon the ground in a permanent manner.

 

    "Frontage" means the lineal extent of the lot abutting a street or public way, or the lineal extent of a lot abutting a public parking area if the lot does not have street frontage; except that: (i) if a lot has frontage on two intersecting streets, the total frontage shall be the lineal distance measured along the right-of-way line of the two intersecting streets; (ii) if a lot has frontage on two streets which do not intersect, the total frontage of the lot shall be the lineal distance measured along the right-of-way of the street on which the building on the lot faces (or if there is no building on the lot, then on the street containing the shorter lineal distance); and (iii) if a lot adjoins the right-of-way of an interstate highway, the extent or boundary of the lot abutting the highway shall not be considered frontage unless the lot does not have access to any other street, public way or parking lot.

 

“Fuel Price Sign" means a sign as a numerical component of a permitted freestanding, flush-mounted, or monument sign that depicts the current price only of automotive fuel sold by the establishment.  In such cases where digital price signs are utilized, such signs shall be constant in nature, and shall not travel, flush, inverse, write-on, up or down scroll, roll, grow, melt, x-ray, twinkle, snow, or otherwise change its nature.”

 

    "Lot" means any tract or parcel of land which is a single unit for the purpose (whether present or future) of development and which is under one ownership. The term "lot" may or may not be synonymous with "lot of record."

 

"Lot Frontage" means the lineal extent of the lot abutting a street or public way, or the lineal extent of a lot abutting a public parking area if the lot does not have street frontage; except that:

    (i)    if a lot has frontage on two intersecting streets, the total frontage shall be the lineal distance measured along the right-of-way line of the two intersecting streets that is adjacent to the lot frontage;

        (ii)    if a lot has frontage on two streets which do not intersect, the total frontage of the lot shall be the lineal distance measured along the right-of-way of the street on which the building on the lot faces (or if there is no building on the lot, then on the street containing the shorter lineal distance); and

        (iii)    if a lot adjoins the right-of-way of an interstate highway, the extent or boundary of the lot abutting the highway shall not be considered frontage unless the lot does not have access to any other street, public way or parking lot.

 

    "Marquee" means any canopy made of durable materials that is a permanent fixture of the building to which it is attached.

 

    "Message" means a communication of identification or advertising information visually perceived. Communications may consist of words, abbreviations, numbers, symbols, pictures, geometric shapes, etc.

 

    "Mobile" or "Portable Marquee" means any street graphic not designed to be presently attached to a building or part thereof or to be permanently anchored to the ground. Such street graphic primarily includes, but is not limited to, signs attached to wood or metal frames designed to be self-supporting and movable; paper, cardboard or canvas signs wrapped around supporting poles, etc.

 

    "Monument Sign" is a free standing type of sign in which the entire bottom of the sign is generally in contact with or in close proximity to the ground.  It is not attached to a building but is erected upon or supported by the ground, a ground planter box, or similar low support structure.  The total height of a monument sign measured from the surface of the ground at the highest elevation closest to the base of the sign to the top of the sign shall not exceed six (6) lineal feet.

 

"Nonconforming Sign" means any sign, street graphic, or other informational display controlled by this ordinance and which existed on the effective date of the ordinance codified in this chapter which does not comply with the regulations set forth in this chapter.

 

    "Nonconforming Street Graphics" means any street graphic which existed on the effective date of the ordinance codified in this chapter which does not comply with the regulations set forth herein.

 

    "Off-Premises Signs" are signs identifying or advertising goods, products, services, a business, or a person not located on the premise where the sign is installed and maintained.

 

    "Premises" means any lot and all of the structures, improvements and uses located thereon or thereat.

 

    "Projecting Sign" means any sign which is supported by an exterior wall of a building or suspended beneath any awning, canopy or marquee with the exposed face of the sign in a plane approximately parallel or perpendicular to the plane of the wall, awning, canopy or marquee and projecting more than six inches out or away from the wall, awning, canopy or marquee, including any awning, canopy or marquee where graphics are displayed thereon or therefrom.

 

    "Reconstruct" means to re-erect a street graphic after it has been damaged or destroyed.

 

    "Relocate" means to move a street graphic to another portion of the premises or to different premises.

 

    "Replace" means to substitute a street graphic for an existing street graphic.

 

    Right-of-Way, Public. "Public Right-of-Way" means real estate owned by the city or any other unit of government which is dedicated for street, alley or other public travel uses and purposes.

 

    "Roof Line" means the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette, on the side of the building where the street graphic is located.

 

    "Roof-Mounted Sign" means any sign erected or maintained on the roof of any building.

 

"Shopping Center Identification Sign" means any sign identifying a building or a group of buildings that provides common off-street parking facilities and that is occupied by three or more retail establishments.  The identification sign shall identify the name of the complex as the most prominent and topmost message.

 

    "Sign" means any object, devise, display or structure or part thereof that is used to advertise, identify, display or attract attention to any object, person, institution, organization, business, product, service or event whether or not related to the premises on which the sign is situated, by any means including words, letters, figures, designs, symbols, fixtures, colors or illumination.

 

    "Sign Area" means the area of the one imaginary square or rectangle that would completely enclose all parts of a sign including the background.

 

    "Sign Area Allowance" means the total of the areas of all signs which a particular establishment is permitted to display under the terms of this chapter.

 

    "Street Graphic" means any on-premises identification or advertising sign, or any billboard or off-premises advertising sign, visible from the public right-of-way or from any parking area used by the general public.

    "Street Graphic Permit" means a permit issued by the administrator to regulate the erection, expansion, alteration, relocation or reconstruction of street graphics in all parts of the city.

 

    Street Frontage. See "Frontage."

 

    "Variance" means a relaxation of the requirements of this chapter that are applicable to a particular street graphic.

 

    "Window Sign" means any sign visible from the exterior of a building which is painted on, affixed to, or suspended immediately in front of or behind a window. A permanent window sign is one that is displayed for thirty (30) days or more.

A temporary window sign is one that is displayed for thirty (30) days or less. (Ord. 1705 § 2, 1998; Ord. 892 § 2-2, 1991)

(Ordinance No. 2513, Added, 11/20/2006, Added "Fuel Price Sign" definition.; Ordinance NO. 2513, Amended, 11/20/2006, Changed "Shopping Center Identification Sign" definition.; Ordinance No. 2513, Added, 11/20/2006, Added "Electronic Message Board" or "Electronic Message Center" to definitions.; Ordinance No. 2513, Amended, 11/02/2006, Changed "Changeable Copy Sign" definition.; Ordinance No. 2458, Added, 05/01/2006, Added definitions.; 15.44.070 (Ord. 2144), Amended, 02/17/2003, Changed Off-Premise Advertising Sign to Off-Premise Signs and added definition.; 15.44.070 (Ord. 2055), Amended, 05/20/2002)

 

Section 15.44.079A    Article 3. General Street Graphics Regulations

 

Section 15.44.080    General prohibition.

    Any sign or other street graphic not expressly permitted by this chapter shall be deemed prohibited in the city. (Ord. 892 § 3-1, 1991)

15.44.080

 

Section 15.44.090    Calculation of sign area.

    The area of every sign shall be calculated as follows:

    A.    If a two-dimensional sign is enclosed by a box or outline, the total area (including the background) within that outline shall be deemed the sign area.

    B.    If a two-dimensional sign consists of individual letters, parts or symbols, the area of the one imaginary square or rectangle which would completely enclose all the letters, parts or symbols shall be deemed the sign area.

    C.    In calculating two-dimensional sign area, only one side of any double-faced sign shall be counted.

    D.    The area of signs of unusual three-dimensional shapes, such as globes, cylinders or pyramids, shall be computed on the basis of the total allowable area of exposed surfaces. (Ord. 892 § 3-2, 1991)

15.44.090

 

Section 15.44.100    Sign area allowance.

     Within the limitations and restrictions provided in this chapter, the total of the area of all signs which a particular establishment is permitted to display shall be one (1) square foot of sign area per one (1) lineal foot of building frontage, not to exceed one hundred (100) lineal feet of such building frontage; and, no establishment in any zoned district shall be permitted to display more than one hundred (100) square feet of signage.

 

 (Ord. 892 § 3-3, 1991)

15.44.100

(Ordinance No. 2458, Amended, 05/01/2006, Amended 15.44.100 Sign area allowance.)

 

Section 15.44.110    Sign area allowance--Special situations.

    A.    If any establishment has frontage on two or more streets, each side having frontage shall be considered separately for purposes of determining compliance with the provisions of this chapter. However, the sign area allowances shall not be aggregated so as to allow any such establishment to display on any one street frontage a greater area of signs than Section 15.44.100 would permit.

    B.    The side of an establishment adjacent to an off-street parking area shall not be deemed frontage unless the establishment has no other frontage. (Ord. 892 § 3-3.1, 1991)

15.44.110

 

Section 15.44.120    Movement prohibited.

    No sign or other street graphic shall revolve, rotate or mechanically move in any manner with the exception of barber poles. (Ord. 892 § 3-4, 1991)

15.44.120

 

Section 15.44.130    Illumination.

    Illumination of signs and other street graphics is permitted, subject to the following requirements:

    A.    Except as otherwise authorized in this code or the city of Columbia, Illinois Municipal Code, no illuminated street graphics shall be allowed in a residential zoning district in the city.

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

    C.    No sign shall have blinking, flashing or fluttering lights or other illumination devices which have a changing light intensity, brightness or color.

    D.    The light from any illuminated sign or other street graphic shall be shaded, shielded or directed so as to avoid the creation or continuation of any public or private nuisance or traffic hazard.

    E.    No exposed reflective type bulb, and no strobe light or incandescent lamp which exceeds fifteen (15) watts, shall be used on the exterior surface of any sign in such a manner as to expose the face of the bulb, light, or lamp to any public street or to adjacent property. (Ord. 1705 § 1, 1998; Ord. 892 § 3-5, 1991)

15.44.130

 

Section 15.44.140    Street graphics not to be hazardous.

    A.    No sign or other street graphic shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, fire escape or driveway.

    B.    No sign or other street graphic shall be erected or maintained in such a manner that it interferes with, obstructs the view of, or is likely to be confused with any authorized traffic control sign, signal or device. Accordingly, no street graphic shall contain the words, "stop," "go," "caution," "danger," "warning" or similar words. (See also Section 15.44.130(B).) (Ord. 892 § 3-6, 1991)

15.44.140

 

Section 15.44.150    Structural and maintenance requirements.

    A.    Every sign or other street graphic shall be designed and constructed in conformity with the applicable provisions of the building code of the city.

    B.    The electrical component of any illuminated sign or other street graphic shall conform to the applicable requirements of the electric code of the city.

    C.    Every sign or other street graphic shall be maintained in a neat and attractive condition by its owner. The street graphic support shall be kept painted or treated and maintained to prevent rust or deterioration.

    D.    The street graphic sign and support must be removed by the sign owner within ten days after the termination of the site owner's business. After ten days following the termination of the sign owner's business, the removal of the sign and support shall become the responsibility of the owner of the real estate where the sign is located, who shall have ten additional days to remove said sign and support. If the sign and support is not removed in accordance with the provisions of this subsection of the ordinance within the time herein provided, the responsible party or parties shall be subject to such penalties as are hereinafter provided in this ordinance provided, including payment of the fines prescribed by the ordinance and being subject to removal of the sign and support pursuant to injunctive relief to be awarded to the city by court of competent jurisdiction on petition of the city. (Ord. 892 § 3-7, 1991)

 

Section 15.44.159A    Article 4. Regulations Based on Type or Location of Street Graphics

 

Section 15.44.160    Strictly prohibited street graphics.

     The following street graphics are strictly prohibited in the city:

 

    A.    Pennants, streamers, ribbons, strings of light bulbs, spinners, tethered balloons and similar street graphics, except street banners and pennants as provided in Section 15.44.165 Special displays and other temporary signs;

 

    B.    Signs attached to trees, fences or public utility poles (excluding Governmental Public Information Signs and warning signs issued by public utilities);

 

    C.    Defunct signs, including the sign posts or other supporting structures, that advertise or identify an activity, business, product or service no longer conducted on the premises where such sign is located.

 

    D.    Off-premise signs as defined in Section 15.44.070 of this sign code, to include signs identifying or advertising goods, products, services, a business, or a person not located on the premise where the sign is installed and maintained.

        

        E.    Electronic message boards as defined in Section 15.44.070 of this sign code.

(Ordinance No. 2513, Added, 11/20/2006, Added Electronic Message Boards to Strictly Prohibited Street Graphics.; Ordinance No. 2458, Amended, 05/01/2006, Amended 15.44.160 Strictly prohibited street graphics.; 15.44.160 (Ord. 2144), Added, 02/17/2003, Add Off-premise signs.)

 

Section 15.44.165    Special displays and other temporary signs.

The following special displays and other temporary signs are hereby allowed in the city:

 

    A.    Temporary public interest event signs and banners publicizing a charitable, civic, or other nonprofit organization’s event of general public interest.  All such signs will require approval by the sign administrator or his or her duly authorized representative and shall:

        (1)    Not exceed sixteen (16) square feet in area.

        (2)    Not exceed more than two (2) signs per event at all locations within the City.

        (3)    Not be located as to obstruct or impede vehicular vision.

        (4)    Not exceed more than two (2) different temporary public interest signs and/or banners installed within twenty-five (25) feet of each other.

        (5)    Be installed no more than fourteen (14) days before the event.

        (6)    Be removed no later than three (3) days after the event.

        (7)    The location of said banners shall be subject to the review and discretion of the sign administrator or his or her duly authorized representative (site plan including dimensions and copy must be included).

        (8)    Contain the advertising of the publicized event only; additional non-charitable advertising is specifically prohibited.

        (9)    All applications shall be accompanied by a nonrefundable fee in the amount stated in the City’s annual fee ordinance.

 

    Application for temporary banners hanging over a street publicizing a charitable, civic, or other nonprofit event of general public interest must be made to the city council prior to the event.  The city may require a fee for the display of such signs in the amount stated in the annual fee ordinance.

 

    B.    Temporary private interest event wall mounted banners for private interest businesses, groups, or organizations publicizing entertainment or an event will require approval by the Sign Administrator or his or her duly authorized representative and shall:

        (1)    Not exceed sixteen (16) square feet in area.

        (2)    Not exceed more than one (1) wall mounted banner located on the premises of the private interest.

        (3)    Not be located so as to obstruct or impede vehicular vision.

        (4)    Be installed no more than fourteen (14) days before the event.

        (5)    Be removed no later than the next business day after the event.

        (6)    Not number more than three (3) such events or signs displayed per calendar year.

        (7)    The location of said wall mounted banners shall be subject to the review and discretion of the sign administrator or his or her duly authorized representative (site plan including dimensions and copy must be included).

        (8)    Contain the advertising of the publicized event only; additional non-charitable advertising is specifically prohibited.

        (9)    All applications shall be accompanied by a nonrefundable fee in the amount stated in the City’s annual fee ordinance.

 

    C.    Pole banners may be permitted provided that the city council grants approval of design and installation.

 

    D.    Advertising by balloon signs of a temporary nature shall be permitted on the property of an existing and ongoing business in accordance with the following restrictions:

        (1)    Permits shall be issued to qualified applicants upon properly completed written application to be approved by the sign administrator or his or her duly authorized representative.

        (2)    All applications for permits shall be accompanied by a nonrefundable fee in the amount stated in the City’s annual fee ordinance.

        (3)    There shall be a maximum of ten (10) consecutive days of advertising allowed for each permitted individual advertising period.

        (4)    Permits for advertising shall not be issued for any premises or to any ongoing business more than three (3) times per calendar year and not within ninety (90) days after the conclusion of the previous advertising period for which a permit was issued to the applicant by the city.

        (5)    A given individual advertising period for purposes of this chapter includes advertising pursuant to a permit issued under this chapter for one or more consecutive days, not to exceed a maximum of ten (10) consecutive days.

        (6)    An additional per square foot of surface area application fee shall be charged, in the amount stated in the City’s annual fee ordinance, for balloon signs that are larger than two hundred (200) square feet in surface area as determined by the total area of a rectangle superimposed upon the proposed balloon sign so that the sides of the rectangle intersect the sides of the balloon most distant from the center of the balloon and the top and bottom of the rectangle intersect the top and bottom of the balloon that are most distant from the center of the balloon and the surface area is determined by the square footage of the rectangle by multiplying the width of the rectangle by the height of the rectangle.

        (7)    No balloon advertising shall be permitted within five thousand (5,000) feet of any other form of balloon sign advertising occurring at the same time.

        (8)    All advertising shall be ground mounted only, not a tethered balloon on a line and the entire display shall be constructed of nonflammable materials.

        (9)    Balloon signs shall not be located closer to the front, side and rear lot lines of the real estate premises on which the balloon sign is located, than buildings are permitted to be located under the city's zoning code in the zoned district in which the balloon sign is located.

        (10)    All advertising must pertain solely to on-site businesses.

        (11)    Applications for balloon signage permits must be accompanied by proof of premises and off-premises liability insurance for installation, operation and maintenance of the proposed balloon sign providing insurance coverage for property damage of a minimum of fifty thousand dollars ($50,000.00) per person and one hundred thousand dollars ($100,000.00) per occurrence and for personal injury of a minimum of one hundred thousand dollars ($100,000.00) per person and five hundred thousand dollars ($500,000.00) per occurrence, with one or more qualified and rated insurance companies of the applicant's selection and acceptable             to the city, which policy of insurance shall name the city as an additional insured.

(Ordinance No. 2458, Added, 05/01/2006, Added new section, 15.44.165 Special displays and other temporary signs.)

 

Section 15.44.170    Permitted street graphics.

     Every sign or other street graphic enumerated below that complies with the indicated requirements may be erected in any zoned district in the city without a permit.  The area of the sign or street graphic shall not be counted against the displaying establishment's sign area allowance.

 

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

 

    B.    Directional and informational signs erected for the convenience of the public, such as signs identifying entrances, exits, parking areas, no-parking areas, restrooms, public telephones, walkways, and similar features or facilities. Such signs shall not exceed three (3) square feet in area.

 

    C.    Flags of any country, state or unit of local government.

 

    D.    Garage or yard sale signs advertising a garage or yard sale on private residential property.

Such signs shall not exceed four (4) square feet in area, shall be confined to the premises on which the sale is conducted, and shall not be posted for longer than five (5) days.

 

    E.    Governmental or public signs, such as traffic control signs, railroad crossing signs, legal notices, signs indicating the location of underground cables, etc.

 

    F.    Holiday decorations such as Christmas lights and ornaments, provided that such decorations must be removed within sixty (60) days after the Christmas holiday (i.e., February 26 of each year).

 

    G.    Home occupation signs identifying only the name and occupation of the resident. Home occupation signs shall be non-illuminated and shall be flush-mounted, and shall not exceed one (1) square foot in area.

 

    H.    House numbers and/or name of occupant signs located on the lot to which the sign pertains. Such signs shall not exceed three (3) square feet in area for single-family dwellings nor six (6)

 square feet in area for multi-family dwellings.

 

    I.    Institutional signs for a public, charitable or religious institution. Such signs shall be located on the premises of the institution, shall not obstruct the vision of motorists, and shall not exceed twenty-four (24) square feet in area.

 

    J.    Integral signs carved into stone or inlaid so as to become part of the building, and containing such information as date of erection, name of building, and memorial tributes.

 

    K.    Interior signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, provided such signs are not visible from the exterior of the building.

 

    L.    Political campaign signs, announcing candidates seeking public office and/or political issues and other pertinent information shall be confined to private property. In a residential district, political campaign signs shall not exceed four (4) square feet in area.  In an agricultural district, political campaign signs shall not exceed sixteen (16) square feet in area.  In other zoned districts in the city, such signs shall not exceed sixteen (16) square feet in area.  Political campaign signs shall be posted no sooner than thirty (30) days prior to the election to which they pertain and shall be removed within seven (7) days after the election to which they pertain.

 

    M.    Property regulation signs such as no trespassing, no fishing, etc. Such signs shall not exceed three (3) square feet in area.

 

    N.    Real estate signs advertising the sale or lease of the premises on which they are located.  Such signs on residential property shall not exceed four (4) square feet in area. On other zoned property, such signs shall not exceed sixteen (16) square feet in area.  Not more than one (1) real estate sign per lot frontage shall be erected on any lot.  Such signs shall be removed within seven (7) days after the sale or lease of the property on which they are located.

 

    O.    Residential development identification signs on a real estate development site at major entrances to the site designed to identify a residential subdivision, apartment complex, or planned unit development, which contains no commercial advertising and do not exceed forty (40) square feet in surface area.

 

    P.    Utility company signs that serve as an aid to public safety or that show the location of public telephones, underground cables, etc.

 

    Q.    Zoned area directional signs which indicate the direction or location of governmental buildings and facilities, organizational and industrial buildings and facilities, religious buildings and facilities, recreational buildings and facilities and historic buildings and facilities shall have a brown background and white lettering; shall be mounted on street sign posts beneath the street sign; and shall be limited as follows:

 

    (1)    Governmental buildings and facilities - unlimited;

    (2)    Organizational and industrial buildings and facilities - not to exceed one (1) sign per thoroughfare and individual business names shall not be depicted on the sign;

    (3)    Religious buildings and facilities - not to exceed one (1) sign per thoroughfare;

    (4)    Recreational buildings and facilities – not to exceed one (1) sign per building or facility the size of which shall not exceed twelve (12) inches by twenty (20) inches; and,

    (5)    Historic buildings and facilities - not to exceed one (1) sign per historic building and/or facility site.

 

    Zoned area directional signs shall be installed by the city and in addition to obtaining and paying for the sign permit as required by Section 15.44.270 of the city's sign code, the applicant shall be required to pay the city a fee for the sign installation and an annual maintenance fee in an amount as determined by and published in the city's annual fee ordinance.

 

    R.    Fuel Price Signs as defined in Section 15.44.070 of this sign code no more than six (6) square feet in area.

 

 (Ord. 1210 § 1, 1993; Ord. 892 § 4-2, 1991)

15.44.170

(Ordinance No. 2513, Added, 11/20/2006, Added "Fuel Price Signs"; Ordinance No. 2458, Amended, 05/01/2006, Amended 15.44.170 - Permitted street graphics.; 15.44.170 (Ord. 2282), Amended, 08/02/2004, Amended Paragraph "S"; 15.44.170 (Ord. 2282), Amended, 08/02/2004, Amended paragraph "N")

 

Section 15.44.180    Agricultural and residential districts.

    No sign or other street graphics except those listed in Section 15.44.170 shall be erected or maintained in any agricultural district or in any residential district in the city except as otherwise provided in Section 15.44.280(A). (Ord. 892 § 4-3, 1991)

15.44.180

 

Section 15.44.190    Commercial and industrial districts.

    Unless otherwise provided for herein, no establishment located in any commercial district or industrial district in the city shall display a total area of signs in excess of its sign area allowance as provided in Section 15.44.100 and only one exterior sign regardless of type shall be permitted on each street frontage. Additionally, unless otherwise provided for herein, signs in any commercial district or industrial district shall conform to the requirements indicated in the subsections below.

    A.    Flush-Mounted Signs. For aesthetic and safety reasons, flush-mounted signs are the preferred type of sign in the city. No flush-mounted sign shall:

    1.    Project more than six inches from the wall or surface to which it is attached (if such wall or surface is not vertical, the projection shall be measured from the closest point of the wall or surface to the sign); or

    2.    Extend more than three feet above the roof eave line of the building to which it is attached.

    B.    Projecting Signs. No establishment in any zoning district shall display more than one projecting sign on any street frontage. No projecting sign shall:

 

    1.    Project more than three feet from the building to which it is attached; or

    2.    Extend more than three feet above the roof eave line of the building to which it is attached; or

    3.    Project over a street, alley or driveway, or closer than two feet from the curb or edge of such public right-of-way; or

    4.    Extend below a point eight feet above the ground or pavement; or

    5.    Extend above a point twelve (12) feet above the ground or pavement; or

    6.    Exceed nine square feet in area.

    C.    Signs on Awnings, Canopies or Marquees. Signs mounted flush against any awning, canopy or marquee shall be considered flush-mounted signs, and shall comply with the regulations of subsection A of this section. Signs suspended beneath any awning, canopy or marquee shall be considered projecting signs, and shall comply with the regulations of subsection B of this section.

    D.    Window Signs. Any establishment may display window signs. Permanent window signs shall cover no more than twenty (20) percent of the area of any window. Permanent window signs shall be counted against the displaying establishment's sign area allowance, but temporary window signs shall not.

    E.    Shopping Center Identification Signs. A shopping center, as an entity, may erect an identification sign in accordance with the provisions of this chapter if the total gross floor area of all the establishments located in the shopping center exceeds fifty thousand (50,000) square feet. A shopping center identification sign shall not exceed one hundred (100) square feet in area.

    F.    Freestanding Signs. Not more than one freestanding sign shall be displayed on any street frontage of any lot. All freestanding signs shall comply with the following regulations (except as provided in subdivisions (1) and (2) of this subsection):

    1.    Not extend higher than twenty (20) feet above the ground or pavement where it is located;

    2.    Not exceed one hundred (100) square feet in area or twelve (12) lineal feet in any direction;

    3.    Not be closer than twenty (20) feet from any public right-of-way or side or rear lot line;

    4.    Not be closer than one hundred (100) feet to another sign.

    Notwithstanding anything in this subsection to the contrary, the following regulations pertaining to freestanding signs located in a C-2 central business district and in areas located within one hundred (100) lineal feet of a Federal Interstate Highway right-of-way shall apply:

    1.    In a C-2 central business zoning district in the city:

    a.    Freestanding signs up to ten square feet in sign area shall not be closer than one foot from the right-of-way or side lot line and shall not exceed twelve (12) feet in height.

    b.    Freestanding signs between ten square feet and fifty (50) square feet in sign area shall not be closer than five feet from any public right-of-way or side lot line and shall not exceed fifteen (15) feet in height.

    c.    Freestanding signs between fifty (50) square feet and seventy-five (75) square feet in sign area shall not be closer than ten feet from any public right-of-way or side lot line and shall not exceed fifteen (15) feet in height.

    d.    All freestanding signs exceeding seventy-five (75) square feet in sign area shall not be closer than twenty (20) feet from any public right-of-way or side line and shall not exceed fifteen (15) feet in height.

    e.    No signs shall be closer than ten feet from each other.

    2.    In areas located within one hundred (100) lineal feet of a Federal Interstate Highway right-of-way freestanding signs shall:

    a.    Not exceed one hundred twenty-five (125) square feet in sign area or fifteen (15) lineal feet in any direction;

    b.    Require a setback from the public right-of-way of twenty-five (25) feet;

    c.    Require a setback from a side or rear lot line of two hundred (200) feet;

    d.    Require spacing of five hundred (500) feet to another sign;

    e.    Not exceed twenty (20) feet in height;

    f.    Not be used to calculate total sign area allowance as required in Section 15.44.100.

    G.    Roof-Mounted Signs. Roof-mounted signs are strictly prohibited in the city, except in an industrial district. No roof-mounted sign shall extend more than twenty (20) feet above the roof line of the building to which it is attached.

    H.    Billboards. Billboards (including all off-premises advertising signs) are strictly prohibited in the city, except in an industrial district. No billboard erected in an industrial district shall:

    1.    Be stacked on top of another billboard; or

    2.    Be located closer than fifty (50) feet from any public right-of-way; or

    3.    Be located closer than one thousand (1000) feet from any other billboard on the same side of a public right-of-way; or

    4.    Be permitted unless it relates to permitted zoning uses allowed in an industrial zoning district and is located not closer than five hundred (500) feet from any industrial zoning district boundary; or

    5.    Extend more than twenty (20) feet above the ground or pavement where it is located; or

    6.    Exceed one hundred fifty (150) square feet in area.

    I.    Zoned Area Directional Signs. Zoned area directional signs shall not exceed twelve (12) inches in height nor twenty (20) inches in width; they shall have a brown background and white lettering; and they shall be installed by the City (when a permit for the same has been issued pursuant to Section 15.44.270 of this sign code) on street sign standards in accordance with the requirements set forth in subsection "S" (Zoned area directional signs) of Section 15.44.170 (Permitted Street Graphics) of this sign code. 15.44.190

(15.44.190 (Ord. 2282), Amended, 08/02/2004, Amended Paragraph "I")

 

Section 15.44.200    Commercial park CP-1--Low intensity, high quality retail business park districts.

    A.    Signs. It is the purpose of this section to regulate and control the location, erection, number and maintenance of signs and matters relating thereto within commercial park CP-1 (low intensity, high quality retail business park districts) in the city in order to promote the public safety, health and general welfare of the community. These regulations are specifically designed to:

    1.    Provide for uniform regulation and orderly development of signs consistent with established policies and ordinances of the city;

    2.    Prohibit hazardous and dangerous signs;

    3.    Provide a desirable and uniform system of signage to enhance the overall function and appearance of the commercial park.

    B.    Scope. The provisions of this section shall not apply to:

    1.    Flags of any nation, state, county, city or other governmental unit and any not-for-profit organization;

    2.    Real estate signs not exceeding six square feet in area which advertise the sale, rental or lease of the premises upon which the signs are located; which signs may not be located off the premises; and which signs shall be removed within five days following the sale or lease of the property being advertised for sale or lease;

    3.    Memorial signs or tablets, incorporating names of buildings, and dates of erection when cut into any masonry surface, or when constructed of bronze or other noncombustible materials;

    4.    Signs erected inside a building not visible through windows.

    C.    Permitted Signs. Within this commercial park district, only the following signs shall be permitted:

    1.    Monument Signs. A monument sign is a type of sign in which the entire bottom of the sign is generally in contact with or in close proximity to the ground. It is not attached to a building but is erected upon or supported by the ground, a ground planter box, or similar low support structure. The total height of a monument sign measured from the ground to the top of the sign shall not exceed six feet. Masonry materials or other approved materials consistent with materials used on the building's exterior front facade are to be used for monument signs. One monument sign per lot shall be allowed in this commercial park district. The total outline area of the sign shall not exceed fifty (50) square feet.

    2.    Directional Signs. Signs indicating directions for vehicular or pedestrian traffic or movement on a site shall be allowed upon approval of the building inspector. One sign per entry/exit not exceeding nine square feet in size shall be permitted. Additional directional signs within parking lots and along driveways shall be allowed upon approval of the building inspector. Building inspector approval will depend on compliance with the other terms and provisions of this section regulating signs in a CP-1 zoning district.

    3.    Identification Signs. One nonilluminated sign attached to the building it identifies,  not exceeding two square feet in size, displaying the name, occupation and/or service located on the premises and the address shall be permitted.

    4.    Directory Signs. For buildings or groups of buildings with multiple occupancies, a directory sign may be substituted in lieu of the otherwise allowable monument sign, subject to review and approval by the street graphics advisory committee. However, such directory sign shall be subject to the same square footage and material requirements as a monument sign.

    D.    Prohibited Signs. The following signs and advertising devices are prohibited:

    1.    Animated signs;

    2.    Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk or other surface located on public property;

    3.    Any sign erected in any location where by reason of its location will obstruct the view of any authorized traffic sign, signal or other traffic control device; nor may any sign, by reason of its shape, position or color interfere with, or be confused with any authorized traffic signal sign or device; further, no sign shall be erected in a location where it will obstruct vision of the public right-of-way to a vehicle operator during ingress to, egress from, or while traveling on the public right-of-way;

    4.    Any on-premises sign advertising an article or product not manufactured, assembled, processed, repaired or sold, or a service not rendered upon the premises upon which the sign is located;

    5.    Any sign or advertising device such as banners and pennants affixed to poles, wires, ropes or streamers, wind-operated devices, fluttering signs, pinwheels, streamers, banners, street banners, and "A" frames or other portable signs of like nature, and other similar contraptions or devices;

    6.    Signs placed or affixed to vehicles and/or trailers which are parked on a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or other property; however, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as permanent lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer;

    7.    Flashing signs including electronic message centers; however, not including digital time and temperature signs involving only that information and no further or additional information of an advertising nature;

    8.    Portable signs, signs not permanently affixed to the ground;

    9.    Signs which contain characters, cartoons, statements, words or pictures of an obscene, indecent, prurient or immoral character;

    10.    Signs which would be located closer than ten feet from any property line.

    E.    Sign Lighting. All signs permitted in this commercial park district shall be illuminated only by way of ground-mounted flood-lighting or by means of low intensity backlighting. No neon or similar illuminated signs shall be permitted. Attached illuminated lighting for restaurant, hotel, and motel uses in this commercial park district shall be reviewed and approved on an individual basis by the city council.

    F.    Variances. Variances from the strict application of this section may be granted by the city council in accordance with and as is contained in Section 15.44.380.

    G.    Supremacy Clause. In the event there is a conflict between the sign regulations for commercial park CP-1 zoning districts contained in this section and any other section of the city's street graphics control ordinance, or any other ordinance or resolution of the city, the regulations contained in this section shall control. (Ord. 1191 § 2, 1993: Ord. 892 § 4-5, 1991)

15.44.200

 

Section 15.44.210    Commercial park CP-2--Medium intensity and medium quality retail and wholesale business district.

    A.    Signs. It is the purpose of this section to regulate and control the location, erection, number and maintenance of signs and matters relating thereto within commercial park CP-2 (medium intensity and medium quality retail and wholesale business zoning districts) in the city ("CP-2 districts" or "this district") in order to promote the public safety, health and general welfare of the community. These regulations are specifically designed to:

    1.    Provide for uniform regulation and orderly development of signs consistent with established policies and ordinances of the city;

    2.    Prohibit hazardous and dangerous signs;

    3.    Provide a desirable and uniform system of signage to enhance the overall function and appearance of the commercial park.

    B.    Scope. The provisions of this section shall not apply to:

    1.    Flags of any nation, state, county, city or other governmental unit and any not-for-profit organization;

    2.    Real estate signs not exceeding six square feet in area which advertise the sale, rental or lease of the premises upon which the signs are located; which signs may not be located off the premises; and which signs must be removed within five days following the sale or lease of the property being advertised for sale or lease;

    3.    Memorial signs or tablets, incorporating names of buildings, and dates of erection when cut into any masonry surface, or when constructed of bronze or other noncombustible materials;

    4.    Signs erected inside a building not visible through windows.

    C.    Permitted Signs. Within this commercial park district, only the following signs shall be permitted:

    1.    Monument Signs. A monument sign is a type of sign in which the entire bottom of the sign is generally in contact with or in close proximity to the ground. It is not attached to a building but is erected upon or supported by the ground, a ground planter box, or similar low support structure. The total height of a monument sign measured from the ground to the top of the sign shall not exceed six feet. Masonry materials or other approved materials consistent with materials used on the building's exterior front facade are to be used for monument signs. One monument sign per lot shall be allowed in this commercial park district. The total outline area of the sign shall not exceed fifty (50) square feet.

    2.    Directional Signs. Signs indicating directions for vehicular or pedestrian traffic or movement on a site shall be allowed upon approval of the building inspector. One sign per entry/exit not exceeding nine square feet in size shall be permitted. Additional directional signs within parking lots and along driveways shall be allowed upon approval of the building inspector, which approval shall not be withheld as long as the sign does not violate the other requirements of this section.

    3.    Identification Signs. One nonilluminated sign attached to the building it identifies not exceeding two square feet in size, displaying the name, occupation, and/or service located on the premises and the address shall be permitted.

    4.    Directory Signs. For buildings or groups of buildings with multiple occupancies, a directory sign may be substituted in lieu of the otherwise allowable monument sign, subject to review and approval by the street graphics advisory committee. However, such directory sign shall be subject to the same square footage and material requirements as a monument sign.

    D.    Prohibited Signs. The following signs and advertising devices are prohibited:

    1.    Animated signs;

    2.    Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk or other surface located on public property;

    3.    Any sign erected in any location where by reason of its location will obstruct the view of any authorized traffic sign, signal or other traffic control device; nor may any sign, by reason of its shape, position or color interfere with, or be confused with any authorized traffic signal sign or device; further, no sign shall be erected in a location where it will obstruct vision of the public right-of-way to a vehicle operator during ingress to, egress from, or while traveling on the public right-of-way;

    4.    Any on-premises sign advertising an article or product not manufactured, assembled, processed, repaired or sold, or a service not rendered upon the premises upon which the sign is located;

    5.    Any sign or advertising device such as banners and pennants affixed to poles, wires, ropes or streamers, wind-operated devices, fluttering signs, pinwheels, streamers, banners, street banners, and "A" frames or other portable signs of like nature, and other similar contraptions or devices;

    6.    Signs placed or affixed to vehicles and/or trailers which are parked on a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or other property; however, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as permanent lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer;

    7.    Flashing signs including electronic message centers; however, not including digital time and temperature signs involving only that information and no further or additional information of an advertising nature;

    8.    Portable signs, signs not permanently affixed to the ground;

    9.    Signs which contain characters, cartoons, statements, words or pictures of an obscene, indecent, prurient or immoral character;

    10.    Signs which would be located closer than ten feet from any property line.

    E.    Sign Lighting. All signs permitted in this commercial park district shall be illuminated only by way of ground-mounted flood-lighting or by means of low intensity backlighting. No neon or similar illuminated signs shall be permitted. Attached illuminated lighting for restaurant, hotel and motel uses in this commercial business park district shall be reviewed and approved on an individual basis by the city council.

    F.    Variances. Variances from the strict application of this section may be granted by the city council in accordance with and as is contained in Section 15.44.380.

    G.    Supremacy Clause. In the event there is a conflict between the sign regulations for commercial park CP-2 zoning districts and the regulations contained in this section and any other section of the city's street graphics control ordinance, or any other ordinance or resolution of the city, the regulations contained in this section shall control. (Ord. 1191 § 3, 1993: Ord. 892 § 4-6, 1991)

15.44.210

 

Section 15.44.220    Business park districts--BP-1 through BP-5.

    A.    Signs. It is the purpose of this section to regulate and control the location, erection, number and maintenance of signs and matters relating thereto within the business park zoning districts in order to promote the public safety, health and general welfare of the community. These regulations are specifically designed to:

    1.    Provide for uniform regulation and orderly development of signs consistent with established policies and ordinances of the city;

    2.    Prohibit hazardous and dangerous signs;

    3.    Provide a desirable and uniform system of signage to enhance the overall function and appearance of the business park.

    B.    Scope. The provisions of this section shall not apply to:

    1.    Flags of any nation, state, county, city or other governmental unit and any not-for-profit organization;

    2.    Real estate signs not exceeding six square feet in area, which advertise the sale, rental or lease of the premises upon which the signs are located; which signs shall be removed within five days following the sale or lease of the property being advertised for sale or lease;

    3.    Memorial signs or tablets, incorporating names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials;

    4.    Signs erected inside a building not visible through windows.

    C.    Permitted Signs. Within the business park zoning districts, only the following signs shall be permitted:

    1.    Monument Signs. A monument sign is a type of sign in which the entire bottom of the sign is generally in contact with or in close proximity to the ground; it is not attached to a building but is erected upon or supported by the ground, a ground planter box, or similar low support structure; the total height of a monument sign measured from the ground to the top of the sign shall not exceed six feet; masonry materials or other approved materials consistent with materials used in the building's exterior front facade are to be used for monument signs; one monument sign per lot shall be allowed in all business park zoning districts; the total outline area of the sign shall not exceed fifty (50) square feet.

    2.    Directional Signs. Signs indicating directions for vehicular or pedestrian traffic or movement on a site shall be allowed upon approval of the building inspector; one sign per entry/exit not exceeding nine square feet in size shall be permitted. Additional directional signs within parking lots and along driveways shall be allowed upon approval of the building inspector, which approval shall not be withheld as long as the sign does not violate the other requirements of this section.

    3.    Identification Signs. One nonilluminated sign attached to the building it identifies not exceeding two square feet in size, displaying the name, occupation and/or service located on the premises and the address shall be permitted.

    4.    Directory Signs. For buildings or groups of buildings with multiple occupancies, a directory sign may be substituted in lieu of the allowable monument sign subject to review and approval by the street graphics advisory committee; however, such directory sign shall be subject to the same square footage and material requirements as a monument sign.

    D.    Prohibited Signs. The following signs and advertising devices are prohibited:

    1.    Animated signs;

    2.    Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk or other surface located on public property;

    3.    Any sign erected in any location where, by reason of its location, it will obstruct the view of any authorized traffic sign, signal or other traffic control device; nor may any sign, by reason of its shape, position or color interfere with or be confused with any authorized traffic signal sign or device; further, no sign shall be erected in a location where it will obstruct vision of the public right-of-way to a vehicle operator during ingress to, egress from, or while traveling on the public right-of-way;

    4.    Any on-premises sign advertising an article or product not manufactured, assembled, processed, repaired or sold or a service not rendered upon the premises upon which the sign is located;

    5.    Any sign or advertising device such as banners and pennants affixed to poles, wires, ropes or streamers, wind-operated devices, fluttering signs, pinwheels, streamers, banners, street banners, and "A" frames or other portable signs of like nature, and other similar contraptions or devices;

    6.    Signs placed or affixed to vehicles and/or trailers which are parked on a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or other property; however, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as permanent lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer;

    7.    Flashing signs including electronic message centers; however, not including digital time and temperature signs involving only that information and no further or additional information of any advertising nature;

    8.    Portable signs, signs not permanently affixed to the ground;

    9.    Signs which contain characters, cartoons, statements, words or pictures of an obscene, indecent, prurient or immoral character;

    10.    Signs which would be located closer than ten feet from any property line.

    E.    Sign Lighting. All signs permitted in the business park zoning district shall be illuminated only by way of ground-mounted flood-lighting or by means of low intensity back-lighting. No neon or similarly illuminated signs shall be permitted. Attached, illuminated lighting for restaurant, hotel and motel uses in the BP-5 zoning district shall be reviewed and approved on an individual basis by the city council.

    F.    Variances. Variances from the strict application of this section may be granted by the city council in accordance with and as is contained in Section 15.44.380.

    G.    Supremacy Clause. In the event there is a conflict between the sign regulations for business park zoning districts and regulations contained in this section and any other section of the city's street graphics control ordinance, or any other ordinance or resolution of the city, the regulations contained in this section shall control. (Ord. 1191 § 4, 1993: Ord. 892 § 4-7, 1991)

15.44.220

 

Section 15.44.225    Office Park 1 (OP-1) Districts.

    In an Office Park 1 Zoning District, the signage shall comply with the following regulations:

 

    A.    Building Signs.  The building numbers and/or building name identification displayed on a building in this zoning district must be flush mounted on the front of the building.  Building identification signs may not exceed six (6) square feet in area.  No more than one (1) building identification sign shall be allowed per building in this zoning district.

 

    B.    Tenant Signs.  Address numbers for tenants in a building occupied by a building tenant and/or tenant identification signs must be flush mounted on the building to which they pertain and located adjacent to the tenant's main entrance to the building.  Tenant address numbers and/or identification signs shall not exceed two (2) square feet in area.  No more than one (1) sign per tenant per building shall be allowed.

 

    C.    Tenant Directory Signs.  A building tenant may display no more than one (1) directory sign which may list the tenant's name, occupation, or type of building, address, phone number, and hours of operation. Such signs must be located at the main entry door of the premises occupied and operated by the tenant. Such signs shall not exceed four (4) square feet in area.  No more than one (1) tenant directory sign per tenant per building shall be allowed.

 

    D.    Complex Identification Signs.  One (1) "Complex Identification Sign" may be located on the common ground of a multi-building complex in this zoning district.  The sign must be a "monument sign" as defined in Section 15.44.070 of this Code.  The "Complex Identification Sign" shall not exceed twenty-five (25) square feet in total area and shall not exceed six (6) feet in any dimension.  "Complex Identification Signs" shall not be located closer than five (5) feet to any public right-of-way.  No more than one (1) "Complex Identification Sign" shall be permitted for one (1) complex of buildings in a unified building development in this Zoning District.  "Complex Identification Signs" shall be located at the main entrance of the complex they identify where practicable.  "Complex Identification Signs" shall only display the name of the complex identified by the sign.

 

    E.    Signs not permitted in an Office Park 1 Zoning District.  The following signs are prohibited in an Office Park 1 Zoning District:

 

        1.    Free standing signs, except for monument type "Complex Identification Signs".

        2.    Any sign exceeding six (6) feet in any dimension.

        3.    Illuminated signs other than signs that are front lighted by spot light or flood light type lighting or signs which are self-illuminating - (provided and only if the self-illuminated sign has a field which is opaque and lettering and/or logo which is translucent).

(15.44.225 (Ord. 2055), Added, 05/20/2002)

 

Section 15.44.230    Off-premises church directional signage.

    A.    Need For Signage.

    1.    To offer directions to those who wish to attend a specific church for services, weddings, funerals or other church-related functions;

    2.    The intent is not to advertise the church, but for the benefit of someone of that faith who is passing through and upon seeing the sign may want to attend that church service or visit the church.

    B.    Location of Church. For a church to be eligible for this type of signage, the church must be located within a two-block distance from the main thoroughfares of Main Street or Admiral Parkway.

    C.    Physical Characteristics of Sign.

    1.    Size: seven-inch by twelve (12) inch rectangle for text with four-inch high triangle for gable roof with seven-inch steeple, with rounded corners with one-half-inch radius. (See drawing attached to the ordinance codified in this section.)

    2.    Two-sided sign.

    3.    Letters to be a maximum of two inches tall of white reflective material.

    4.    The field shall be matte black with a three-eighth-inch reflective white border.

    D.    Location of Sign.

    1.    One sign location only.

    2.    Sign shall be located at the nearest main thoroughfare from the church.

    3.    Sign shall be located on the existing light standards closest to the intersection leading to the church.

    4.    The preferred and standard mounting height to bottom of sign shall be eight feet. In the event of a conflict with another sign, a minimum deviation of up to a maximum of twelve (12) feet will be permitted.

    5.    No sign shall be located in front of nor directly across the street from another church.

    E.    Responsibilities of Church and City.

    1.    The church:

    a.    Shall pay all costs for the production of the sign and mounting brackets and the labor to install; and

    b.    Shall submit application and drawing indicating desired text.

    2.    The city:

    a.    Shall produce all signs to insure uniformity, size, bracket material, and competent installation;

    b.    Shall be responsible for the exact location of the sign; and

    c.    Shall bill the church for all costs involved with the sign. (Ord. 1498 § 1, 1996: Ord. 892 § 4-8, 1991)

15.44.230

 

Section 15.44.240    Signs on historic landmarks and/or in historic districts.

    A.    Purpose of Regulation.

    1.    The following standards will be applied by the Columbia historic preservation commission in determining the appropriateness of proposed signs on historic landmarks and/or in historic districts of the city in their determination whether a certificate of appropriateness will be issued pursuant to Chapter 15.64.

    2.    These standards are derived from the secretary of interior standards for rehabilitation, adopted and supplemented by local standards, to fit specific situations encountered in the city. They are provided herein to insure that everyone, commission members and property owners alike, have an equal understanding of the standards that are applied by the Columbia historic preservation commission.

    B.    Standards Applied to Proposed Signs on Historic Landmarks and/or in Historic Districts.

    1.    Signs should relate in placement and size to other building elements.

    2.    Signs should not obscure other building elements such as windows, cornices or decorative details.

    3.    Sign material, style and color should compliment the building facade.

    4.    Use of internally illuminated signs is discouraged, unless it can be shown that such illumination is traditionally associated with a particular type of sign (e.g., theater marquees).

    5.    New signs should fit within architectural space designed for them (such as on signboards above store fronts), when such space exists.

    6.    Wall-mounted signs should be mounted so they do not damage the surface to which they are mounted.

    7.    Large signs on upper facades, rooftop signs, additional billboards and other outdoor advertising signs painted or mounted on structures are prohibited. (Ord. 1528 § 1, 1996: Ord. 892 § 4-9, 1991)

 

Section 15.44.249A    Article 5. Administration and Enforcement

 

Section 15.44.250    Enforcement officer--Duties.

    The Zoning Administrator/Code Enforcement Officer shall administer and enforce the provisions of this chapter. This broad responsibility includes, but is not limited to, the following specific duties:

 

    A.    To supervise the registration of all existing street graphics;

 

    B.    To review and pass upon applications for street graphic permits;

 

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

 

    D.    To review and forward to the street graphics advisory committee all applications for variances, appeals and amendments;

 

    E.    To maintain up-to-date records of the applications and of any official actions taken pursuant thereto;

 

    F.    To periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations on these matters to the city council at least once each year;

 

    G.    To provide information to the general public on matters related to this chapter; and

    

    H.    To remove illegal signs from public or private property as is made and provided for in Section 15.44.291 of this sign code.

 

    I.    To perform such other duties as the City Council may from time to time prescribe.

15.44.250

(15.44.250 (Ord. 2144), Amended, 02/17/2003, Added H and I subparagraphs.)

 

Section 15.44.260    Registration of existing street graphics.

    The owner of every existing sign, billboard or other street graphic for which a sign permit has not been heretofore issued under the former street graphics control ordinance of the city, adopted February 13, 1984, except those listed on Section 15.44.170 of this chapter, shall register the street graphic with the administrator on a prescribed form not later than ninety (90) days after the effective date of the ordinance codified in this chapter. At the time of registration, the administrator shall inform the owner regarding the provisions of Section 15.44.280. (Ord. 892 § 5-2, 1991)

15.44.260

 

Section 15.44.270    Street graphic permits.

    After the effective date of the ordinance codified in this chapter, no sign, billboard or other street graphic (other than those for which a sign permit has been heretofore issued under the former street graphics control ordinance of the city adopted February 13, 1984 and except those listed in Section 15.44.170), shall be erected, expanded, altered, relocated or reconstructed without a street graphic permit issued by the administrator.

    A.    Application. Every applicant for a street graphic permit shall submit to the administrator, in narrative and graphic form, all of the items of information listed below.

    Items of information:

    1.    Name, address and telephone number of the applicant;

    2.    Name and address of the owner of the premises on which the street graphic is to be erected, if different from subdivision (1) of this subsection;

    3.    Location of the building, structure or lot where the proposed street graphic is to be erected, and the zoning district classification of the premises;

    4.    Description of the proposed street graphic indicating proposed location, dimensions, area, overall height, illumination, and method of support or attachment;

    5.    The nature and location of traffic control devices located within one hundred fifty (150) feet of the proposed street graphics;

    6.    Amount of street frontage that the establishment which proposes to display the street graphic has, and the total area of all existing signs on the premises; and

    7.    Such other information as the administrator shall reasonably require to determine full compliance with this chapter.

    The applicant shall pay to the city clerk the fee prescribed in Section 15.44.320 when the application for the street graphic permit is filed with the administrator.

    B.    Insurance Requirements. The administrator shall not issue a permit for any street graphic which is so located that it might fall upon a public right-of-way until the applicant has obtained a liability insurance policy covering all damages or injuries which might be caused by such an event. The applicant shall be responsible for keeping the policy in force, and shall keep on file with the city clerk proof of such insurance (including a copy of the insurance policy or policies providing coverage for the same, to include the currently effective cover sheet or declaration of coverage sheet pertaining thereto) naming the city as a co-insured. The policy or policies of insurance shall provide that same may not be cancelled without thirty (30) days prior written notice to the city. (Ord. 892 § 5-2, 1991)

15.44.270

 

Section 15.44.280    Nonconforming street graphics.

    A "nonconforming street graphic" means any sign, billboard or other street graphic located in the city that does not conform to one or more provisions of this chapter, as from time to time amended; except such sign, billboard or street graphic for which a sign permit was heretofore issued under the former street graphics control ordinance of the city adopted February 13, 1984.

    A.    Restrictions. A nonconforming street graphic that does not pose an imminent peril to life or property may remain and be maintained by ordinary repairs until the amortization period has elapsed, but shall not be:

    1.    Altered or enlarged in such a way as to increase its nonconformity;

    2.    Replaced by another nonconforming street graphic (provided that changing the message on a changeable copy sign shall not be deemed a violation of this provision);

    3.    Relocated unless it is made to conform with this chapter; or

    4.    Reconstructed after incurring damage in an amount exceeding fifty (50) percent of its market value at the time of loss as determined by the administrator.

    Further, whenever any existing street graphic located in an agricultural district or a residential district in the city is found to be nonconforming because it pertains to a commercial or an industrial use in violation of Section 15.44.180, same may be replaced, relocated and/or reconstructed pursuant to subsections (A)(2), (3) and (4) of this section if in compliance with the requirements of Section 15.44.190; notwithstanding it is located in an agricultural or residential district in the city.

    B.    Amortization.

    1.    Any street graphic that is nonconforming on the effective date of the ordinance codified in this chapter because it violates one or more sections of this chapter, shall either be removed or made to comply with this chapter within the time limit indicated in the following categories (which are based upon the cost or rental value of the street graphic). In the case of a street graphic owned by the user, the value shall be determined by the original cost of the street graphic. In the case of a leased street graphic, the value of the street graphic shall be determined by multiplying the periodic payment under the lease agreement by the total number of payments remaining due under the lease agreement.

 

Value of Street Graphic      Time Limit

Less than $5,000.00    Within 2 years

$ 1 5,001.00 to $15,000.00    Within 3 years

$15,001.00 to $25,000.00    Within 4 years

$25,001.00 to $35,000.00    Within 5 years

$35,001.00 to $45,000.00    Within 6 years

$45,001.00 or more    Within 7 years

 

Provided, that any street graphic which would be conforming but for the fact that it is a nonconforming commercial or industrial use located in an agricultural district or residential district shall be exempt from amortization.

    2.    Any street graphic that becomes nonconforming because of an amendment to this chapter shall either be removed or made to comply with this chapter as amended, within the amortization period provided in this chapter as amended. (Ord. 892 § 5-4, 1991)

15.44.280

 

Section 15.44.290    Corrective action orders.

    Whenever the administrator finds, by inspection or otherwise, that any street graphic is in violation of this chapter, the administrator shall notify the responsible party (and the owner of the property where the violation exists if the responsible party is other than the property owner), and shall order appropriate corrective action.

    A.    Contents of Order. The order to take corrective action shall be in writing and shall include:

    1.    A description of the premises sufficient for identification;

    2.    A statement indicating the nature of the violation;

    3.    A statement of the remedial action necessary to effect compliance;

    4.    The date by which the violation must be corrected (which may be the same date as the date of order where the administrator finds that the street graphic poses an immediate peril to life or property);

    5.    A statement that the alleged violator is entitled to confer with the administrator if he or she so desires;

    6.    The date by which an appeal of the corrective action order must be filed, and a statement of the procedure for so filing; and

    7.    A statement that failure to obey a corrective action order shall result in revocation of the street graphic permit, and may result in remedial action by the city.

    B.    Service of Order. A corrective action order shall be deemed properly served upon the owner of the offending street graphic if it is:

    1.    Served upon him or her personally;

    2.    Sent by registered mail, return receipt requested, restricted delivery, to his or her last known address, which shall be deemed served on date receipted for; or

    3.    By posting in a conspicuous place on the premises where the violation exists. (Ord. 892 § 5-5, 1991)

15.44.290

 

Section 15.44.291    Removal of illegal street graphics.

    In addition to issuing a citation and proceeding to seek a fine for a violation of any provision of this chapter, the Zoning Administrator/Code Enforcement Officer is authorized to revoke any street graphic permit in accordance with the procedures established in the proceeding Section 15.44.290 of this code. Maintenance of a sign is unlawful if it is installed and maintained without first having obtained a sign permit for the sign in accordance with the requirements of Section 15.44.170 of this code or upon revocation of a permit issued under and pursuant of this code.

 

    Signs installed on public property without a permit and permission of the governmental authority who holds and owns the property where the sign is installed are illegal signs and notwithstanding anything contained in this code to the contrary, may be summarily removed by the Zoning Administrator/Code Enforcement Officer without prior notice to the sign owner.

 

    Except for illegal signs removed from property under the preceding paragraph of this section of this code, illegal signs shall be removed by the person who installed and maintains the same or the owner of the property where the sign is installed and maintained.  Upon the failure of the responsible person or persons to remove the unlawful sign, the Zoning Administrator/Code Enforcement Officer may cause the sign to be removed.

 

    Notwithstanding the procedures established by Section 15.44.290 of this sign code, the Zoning Administrator/Code Enforcement Officer may cause any sign which is an immediate peril to persons or property to be repaired or removed summarily and without notice, at the expense of the permittee or the owner of the property on which it is located.

 

    Any expenses incurred by the City for the repair or removal of a dangerous sign or the removal of an illegal sign, if not paid within thirty (30) days after the City has issued and delivered a statement therefor, shall be a lien upon the real property on which the sign was located.  Notice of the lien may be filed by the Zoning Administrator/Code Enforcement Officer in the Office of the Record of Deeds of the county where the property on which the sign was located is situated.  The lien may be foreclosed as in cases of foreclosure of real estate mortgages or mechanic's liens by the City instituting an action to foreclose the lien in the circuit court of the county where the real estate is located.

 

    The City shall not be responsible for the condition or storage of signs removed as provided herein after giving the sign owner and/or the owner of the property on which the removed sign was located a twenty (20) day notice and opportunity to retrieve the sign.

(15.44.291 (Ord. 2144), Added, 02/17/2003, Added new Section 15.44.160.)

 

Section 15.44.300    Complaints.

    Whenever any violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the administrator. The administrator shall record such complaint, promptly investigate the same and take such remedial action as the administrator deems necessary, including issuance of a corrective action order pertaining to the same. (Ord. 892 § 5-6, 1991)

15.44.300

 

Section 15.44.310    Violations--Penalties.

    A.    Any person who is convicted of a violation of this ordinance shall be fined not less than seventy-five dollars ($75.00) nor more than five hundred dollars ($500.00), plus costs. Each day that a violation continues shall be considered a separate offense.

 

    B.    Nothing contained in this section shall prevent the city from taking any other lawful action that may be necessary to secure compliance with this chapter, including filing a suit in equity for injunctive relief. (Ord. 1210 § 2, 1993: Ord. 892 § 5-7, 1991)

15.44.310

 

Section 15.44.320    Schedule of fees.

    All fees shall be paid to the city clerk. Said fees are intended to defray the administrative costs connected with the processing and administration of the listed permits and procedures; and do not constitute a tax or other revenue-raising device. The fees to be paid shall be in the amount and for the term to be set by city ordinance from time to time. (Amended during 1997 codification; Ord. 892 § 5-8, 1991)

 

Section 15.44.329A    Article 6. Special Permits and Procedures

 

Section 15.44.330    Street graphics advisory committee--Established.

    The street graphics advisory committee of the city is established. The committee shall advise the city council regarding street graphic permits, appeals, variances, amendments and other matters arising under this chapter, and shall perform such other duties as the city council may prescribe. (Ord. 892 § 6-1, 1991)

15.44.330

 

Section 15.44.340    Street graphics advisory committee--Membership qualifications, recognition.

    The street graphics advisory committee shall consist of seven (7) members, all of whom shall reside within the city. The composition of the committee shall be as follows:

    A.    One professional architect licensed to practice in the state of Illinois; or other individual having formal training in architecture, design, structural engineering, urban affairs or fine arts;

    B.    One member of the board of appeals or plan commission;

    C.    One representative of the Chamber of Commerce or other similar community organization; and

    D.    Four (4) members selected from the community at large.

    No committee member shall receive a fee or monetary compensation for services rendered and each committee member shall receive for his or her services such recognition as is determined to be appropriate, from time to time, by the city council. (Ord. 892 § 6-1.1, 1991)

15.44.340

(15.44.340, Amended, 08/02/2004; 15.44.340 (Ord. 2282), Amended, 08/02/2004, Amended intro paragraph and subparagraph "D")

 

Section 15.44.350    Street graphics advisory committee--Appointment, term, vacancies.

    Each committee member shall be appointed by the mayor with the advice and consent of the city council. The committee shall select one of its members to act as chairperson, one to act as vice-chairperson, and one to act as secretary. Each committee member shall hold office for two years from the date of his or her appointment, and until his or her successor has been selected and qualified. At the initial appointment of the committee, three members shall be appointed for two-year terms and two members for one-year terms; thereafter, all appointments shall be for two-year terms. With the advice and consent of the city council, the mayor may remove for cause, after a public hearing, any member of the committee. Vacancies in the committee shall be filled for the unexpired term of the member whose position on the committee has become vacant in the same manner as provided for the appointment of new members. (Ord. 892 § 6-1.2, 1991)

15.44.350

 

Section 15.44.360    Street graphics advisory committee--Meetings, quorum, records.

    All meetings of the street graphics advisory committee shall be held at the call of the chairperson and at such times as the committee may determine. All committee meetings shall be open to the public. All meetings of the street graphics advisory committee shall be subject to the requirements of the Illinois Open Meetings Act. Three members of the committee shall constitute a quorum, and the affirmative vote of at least three members shall be necessary to authorize any committee action. The committee shall keep minutes of its proceedings. The minutes shall record membership attendance at each meeting, indicating members present and members absent; voting on all questions put to vote shall be by roll call vote and not by voice vote or show of hands with record of the votes cast recorded in the minutes of the meeting by yeas, nays and abstentions; and the minutes shall indicate any official action taken by the committee on any matter coming before the committee. A copy of every decision or recommendation of the committee shall be filed with the city clerk, and shall be a public record. (Ord. 892 § 6-1.3, 1991)

15.44.360

 

Section 15.44.370    Appeals.

    Any person aggrieved by any decision or order of the administrator in any matter related to the interpretation or enforcement of any provision of this chapter may appeal to the city council.

    A.    Filing, Stay or Further Proceedings. Every appeal shall be made within forty-five (45) days of the matter complained of by filing with the administrator a written notice specifying the grounds for appeal. Thereupon, the administrator shall promptly transmit all pertinent records to the street graphics advisory committee.

    An appeal stays all further action on the matter being appealed unless the administrator certifies to the city council, after the notice of appeal has been filed with the administrator, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the city council grants a stay or the Circuit Court grants a restraining order and so notifies the administrator.

    The fee to be paid to the city clerk for an appeal under this chapter shall be as set by city ordinance from time to time.

    B.    Public Hearing--Notice. The street graphics advisory committee shall hold a public hearing on every appeal within sixty (60) days after the filing of the appeal notice. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of hearing, and briefly describing the issue to be decided shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by:

    1.    First class mail to all parties the committee finds would be directly affected by the appeal; and

    2.    Publication in a newspaper of general circulation within the city.

    C.    Advisory Report--Decision by City Council. Within ten days after the public hearing, the street graphics advisory committee shall submit their advisory report and all pertinent records to the city council. If the street graphics advisory committee fails to file its advisory report with the city council within ten days after the public hearing or seventy (70) days after receipt of the records from the administrator, whichever is less, it shall be deemed that the committee has approved the action or decision of the administrator. The city council shall render a decision on the appeal at their next regularly scheduled meeting following the receipt of the street graphics advisory committee report or the lapse of the time allowed for the filing of the same with the city council. By simple majority vote of a quorum of all members of the city council then holding office, the city council may reverse or affirm, in whole or in part, or modify or amend the decision or order of the administrator appealed from to the extent and in the manner the city council deems appropriate. (Amended during 1997 codification: Ord. 892 § 6-2, 1991)

15.44.370

 

Section 15.44.380    Variances.

    A variance is a relaxation of the requirements of this chapter that are applicable to a particular street graphic.

    A.    Application. Every application for a variance shall be filed with the administrator on a prescribed form. The administrator shall promptly transmit said application to the street graphics advisory committee. The application shall contain sufficient information to allow the committee to make an informed recommendation, and shall include, at a minimum, the following:

    1.    Name and address of the applicant;

    2.    Location of the street graphic for which the variance is sought;

    3.    Full and detailed explanation of the grounds for the variance request;

    4.    Specific sections of this chapter for which a variance from the strict application of the same is being sought;

    5.    Any other pertinent information that the administrator may require.

    The fee to be paid to the city clerk for the processing of a variance application under this ordinance shall be as set by city ordinance from time to time.

    B.    Public Hearing Notice. The street graphics advisory committee shall hold a public hearing on each variance request within sixty (60) days after the variance application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed variance shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by:

    1.    First class mail to the applicant and to all parties the committee finds would be directly affected by the proposed variance; and

    2.    Publication in a newspaper of general circulation within the city.

    C.    Advisory Report. Within ten days after the public hearing, the street graphics advisory committee shall submit an advisory report on the requested variance to the city council. Their advisory report shall be responsive to all of the variance standards set forth in subsection E of this section. If the committee fails to file its report with the city council within ten days of the public hearing or seventy (70) days after receipt of the variance application, it shall be deemed that the committee approved the application.

    D.    Decision by City Council. The city council shall act on every request for a street graphic variance at their next regularly scheduled meeting following receipt of the street graphics advisory committee's advisory report or within ninety (90) days of the filing of the variance application with the city clerk, whichever is less. By simple majority vote of a quorum of all members of the city council then holding office, the city council shall grant or deny the variance application. If the city council fails to rule on the variance application within the time aforesaid, it shall be deemed that the city council has approved the variance application.

    E.    Standards for Variances. The city council shall not grant any street graphic variance unless, based upon the evidence presented to them, special circumstances involving size, shape, topography, location or surrounds affect the property referred to in the application, denial of the application would cause unreasonable or unnecessary hardship, and when the sign will not cause substantial injury to the value of other property in the vicinity nor be detrimental to the public safety or welfare and the neighborhood in which it is located.

    An exception may be granted only by ordinance passed by at least a majority vote of all members of the city council then holding office after an application for an exception has been submitted to the street graphics committee and after a public hearing is scheduled and held by the street graphics committee and its findings and recommendations are reported to the city council. (Amended during 1997 codification; Ord. 892 § 6-3, 1991)

15.44.380

 

Section 15.44.390    Amendments.

    The city council may amend this chapter in accordance with the provisions of the subsections below. Amendments may be proposed by the city council, the street graphics advisory committee, the administrator, the zoning board of appeals, the plan commission or any party in interest.

    A.    Filing. Every proposal to amend this chapter shall be filed with the administrator on a prescribed form. The administrator shall promptly transmit said proposal, together with any comments or recommendations he or she may wish to make, to the street graphics advisory committee for a public hearing.

    Fees to be paid to the city clerk for processing of an application to amend the street graphics control ordinance shall be as set by city ordinance from time to time.

    B.    Public Hearing--Notice. The street graphics advisory committee shall hold a public hearing on every amendment proposal within sixty (60) days after the proposal has been submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and the nature of the proposed amendment shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by:

    1.    First class mail to all parties the committee finds would be directly affected by the proposed amendment; and

    2.    Publication of a notice of hearing in a newspaper of general circulation within the city.

    C.    Advisory Report--Action by City Council. Within ten days after the public hearing, the street graphics advisory committee shall submit their advisory report to the city council. If the street graphics advisory committee fails to submit its report to the city council within ten days of the public hearing or seventy (70) days after receipt of the amendment proposal, it shall be deemed that the committee has recommended in favor of the adoption of the amendment. The city council shall have sixty (60) days after the public hearing or ninety (90) days after the application for the amendment was filed with the administrator, whichever is more, to rule upon the proposed amendment. If the city council fails to rule upon the proposed amendment within the time aforesaid, it shall be deemed that the city council has approved the amendment. Without further public hearing, the city council may, by simple majority vote of a quorum of all members of the city council then holding office, pass the amendment as proposed, modify or amend it in any way and pass it as modified or amended, reject the amendment or refer the amendment application back to the street graphics advisory committee for further consideration and recommendation. If the city council refers the proposed amendment back to the street graphics advisory committee for further consideration, the committee shall have thirty (30) days to file its written recommendations with the city clerk and the city council shall have thirty (30) daysthereafter to take final action on the amendment. (Amended during 1997 codification; Ord. 892 § 6-4, 1991)



 

Chapter 15.48

INDUSTRIAL STANDARDS CODE

Sections:

15.48.010    Short title.

15.48.020    Purpose and intent.

15.48.030    Definitions.

15.48.040    Site standards.

15.48.050    Architectural requirements.

15.48.060    Parking requirements.

15.48.070    Street requirements.

15.48.080    Sidetrack requirements.

15.48.090    Utilities.

15.48.100    Nonindustrial uses.

15.48.110    Noise and vibration.

15.48.120    Smoke, odorous matter and toxic matter.

15.48.130    Radioactive materials.

15.48.140    Fire, explosives, humidity, heat and glare.

15.48.150    Signs.

15.48.160    Conflicting ordinances and resolutions.

15.48.170    Violations--Penalties.

Section 15.48.010    Short title.

    This chapter shall be referred to as the industrial standards code of the city. (Prior code § 19-1-1)

15.48.010

 

Section 15.48.020    Purpose and intent.

    The purpose and intent of this chapter is to encourage orderly industrial development in the city, and to insure that such development will be compatible with surrounding existing and proposed uses of land, as well as insuring the protection and welfare of all the citizens of the city. The standards contained herein shall be applied to all industrial uses located within the city. (Prior code § 19-1-2)

15.48.020

 

Section 15.48.030    Definitions.

    A.    Noise. For the purpose of this chapter, the following definitions pertaining to noise are adopted:

    "Decibel" means a unit of measurement of the intensity of sound (the sound pressure level).

    "Impact noise analyzer" means an instrument used in conjunction with the sound level meter to measure intensities of short duration sounds.

    "Octave band" means one of a series of eight bands which cover the normal range of frequencies included in sound measurements. Such octave bands serve to define the sound in terms of its pitch components.

    "Octave band analyzer" means an instrument used in conjunction with a sound level meter to measure sound in each of eight octave bands.

    "Sound level meter" means an instrument standardized by the American Standards Association used for measurement of the intensity of sound and is calibrated in decibels.

    B.    Vibration. For the purpose of this chapter, the following definitions pertaining to vibration are adopted:

    "Frequency" means the number of oscillations per second of a vibration.

    "Impact vibrations" means earth-borne oscillations occurring in discrete pulses at or less than one hundred (100) pulses per minute.

    "Steady state vibrations" means earth-borne oscillations that are continuous. Discrete pulses that occur more frequently than one hundred (100) times per minute shall be considered to be steady state vibrations.

    "Three-component measuring system" means a device for recording the intensity of any vibration in three mutually perpendicular directions.

    C.    Smoke, Odorous Matter and Toxic Matter. For the purpose of this chapter, the following definitions pertaining to smoke, odorous matter and toxic matter are adopted:

    "Combustion for indirect heating" means the burning of fuel in equipment, such as steam boilers, water or air heaters, stills or brew kettles, where there is no contact between the products of combustion and the materials being heated.

    "Dust" means solid particular matter capable of being air or gas-borne.

    "Particular matter" means any finely divided liquid or solid matter capable of being air or gas-borne.

    "Process weight" means the total weight of all materials used in any process which discharges dust into the atmosphere. Such materials shall include solid fuels, but not liquid or gaseous fuels or combustion air.

    "Smoke" means any visible emission into the open air from any source, except emissions of an uncontaminated water vapor.

    "Smoke unit" means a measure of the quantity of smoke being discharged and is the number obtained by multiplying the smoke density in a standard smoke chart number by the time of emission in minutes. For example, the emission of standard smoke chart Number 1 for one minute equals one smoke unit.

    "Standard smoke chart numbers" means the numbers on the standard smoke chart indicating graduations of light-obscuring capacity of smoke.

    D.    Fire, Explosives, Humidity, Heat and Glare. For the purposes of this chapter, the following definitions pertaining to fire, explosives, humidity, heat and glare are adopted:

    "Flammable or explosive materials" means materials which produce flammable or explosive vapors or gases under ordinary weather temperature including liquids with an open cup flash point of less than one hundred (100) degrees Fahrenheit.

    "Free-burning materials" means materials constituting an active fuel.

    "Intense burning materials" means materials which by virtue of low ignition temperature, high rate of burning and large heat evolution burn with intensity.

    "Moderate burning materials" means materials which in themselves burn moderately and may contain small quantities of a higher grade of combustibility.

    "Open cup flash point" means the temperature at which a liquid sample produces sufficient vapor to flash but not ignite when in contact with a flame in a Tagliabue open cup tester.

    "Original sealed containers" means containers with a capacity of not more than fifty-five (55) gallons.

    "Slow burning materials" means materials which in themselves burn moderately and may contain small quantities of a higher grade of combustibility. (Prior code § 19-1-3)

15.48.030

 

Section 15.48.040    Site standards.

    The following site standards are herewith established and must be adhered to by all industries located in an industrial site or park:

    A.    The minimum parcel size shall be no less than two acres.

    B.    The minimum land to building ratio shall be four to one.

    C.    The minimum building setback from the main roads shall be fifty (50) feet; such setbacks to be appropriately landscaped.

    D.    The minimum side lot setback shall be thirty (30) feet, of which no more than ten feet may be utilized towards a buffer strip.

    E.    A twenty (20) foot landscaped buffer strip must be maintained between developed parcels, unless the usage is nonindustrial.

    F.    Loading facilities shall be located only at the sides or rear of buildings. (Prior code § 19-1-4)

15.48.040

 

Section 15.48.050    Architectural requirements.

    The following minimum provisions relating to types of industry and architecture must be complied with:

    A.    Plans of all proposed buildings must be submitted to the building inspector for approval prior to commencement of construction to assure compliance with all appropriate building construction requirements of the building code; the zoning code, if applicable; the National Flood Insurance Standards; and all provisions of this chapter.

    B.    All buildings must have a sprinkler system for fire protection or be constructed in accordance with the Columbia Building Codes.

    C.    The exteriors on all sides of buildings shall be constructed of materials considered first-class exterior finish. In the case of expansion walls only, standard concrete blocks will be allowed as the finish of an exterior wall, except that such finish shall not be allowed on street exposed walls. Stucco is not considered a first-class finish for purposes of this chapter.

    D.    All structures (except motor vehicle storage or other outside storage structures) must be elevated one foot above or flood-proofed above the base flood elevation (one hundred (100) year flood).

    E.    No construction shall be allowed in a floodway, nor shall any construction be allowed in any natural ponding area necessary to store stormwater runoff, which would reduce storage capacity and induce flooding in other areas unless the stormwater collected in such ponding areas is diverted to manmade detention areas of sufficient size to hold such diverted waters.

    F.    All outside storage facilities must be appropriately screened on all sides. (Prior code § 19-1-5)

15.48.050

(Ordinance No. 2714, Amended, 04/06/2009, Change all references of BOCA Code to Columbia Building Codes.)

 

Section 15.48.060    Parking requirements.

    The following minimum off-street parking requirements shall be complied with:

    A.    All parking shall be to the rear or sides of buildings, except that visitor parking may be allowed on front lots, providing same be appropriately screened and set back not less than twenty (20) feet from front property line.

    B.    All parking lots shall be paved, and properly lighted. Lighting fixtures shall be placed so that lights do not shine into adjoining uses.

    C.    All nonpassenger car (e.g., truck) parking shall be to the rear of the building in separate parking facilities from passenger car parking, except pickup trucks which may park on the passenger lot.

    D.    The minimum number of parking spaces shall be:

    1.    One three hundred (300) square foot parking space for every two industrial employees on the largest work-shift;

    2.    Plus one space for each vehicle used in the operation of the industrial concern;

    3.    Plus one three hundred (300) square foot space for every office worker on the premises at the peak time of operation;

    4.    Plus additional space for visitors.

    E.    All required parking shall be on the same lot as the proposed structure. (Prior code § 19-1-6)

15.48.060

 

Section 15.48.070    Street requirements.

    For purposes of this chapter, the following street requirements shall be complied with:

    A.    To insure the smooth flow of traffic and easy access to individual parcels, all interior roads shall have a one hundred (100) foot right-of-way reserved and such roads shall be constructed with a minimum forty (40) foot pavement. Any turn-arounds will have a sixty (60) foot radius.

    B.    All interior roads shall be constructed to meet existing requirements of the city for street construction.

    C.    Lighting shall be required at each intersection, along streets and turnabouts. (Prior code § 19-1-7)

15.48.070

 

Section 15.48.080    Sidetrack requirements.

    For the purpose of this chapter, all sidetracks will conform to the standards set forth in the American Railway Engineering Association construction and maintenance manual. (Prior code § 19-1-8)

15.48.080

 

Section 15.48.090    Utilities.

    All off-site and on-site utilities must be provided by the developer, solely at the developer's expense, and conform to all applicable city, state and/or federal requirements, except that the city may provide certain off-site utilities by serving notice of its intention to do so upon the developer at least one year prior to the actual demonstrated need for such utility service. (Prior code § 19-1-9)

15.48.090

 

Section 15.48.100    Nonindustrial uses.

    Commercial facilities may be provided on an industrial site or within an industrial park to serve employees and visitors. Such facilities may include a branch bank, restaurants, service stores, office buildings and a motel, and shall be constructed in accordance with the appropriate codes of the city governing such construction. (Prior code § 19-1-10)

15.48.100

 

Section 15.48.110    Noise and vibration.

    The following minimum noise and vibration standards must be complied with:

    A.    Noise.

    1.    For purposes of measuring the intensity of frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer shall be employed. The "C" network and the "slow" meter response of the sound level meter shall be used. Sounds of short duration, such as forge hammers, punch presses, etc., which cannot be measured accurately with the sound level meter shall be measured with the impact analyzer as manufactured by the General Radio Company, or its equivalent in order to determine the peak value of the impact.

    2.    The sound pressure level resulting from any activity, whether open or enclosed, shall not exceed, at any point on or beyond any lot line, the maximum permitted decibel levels for the octave band as set forth in the following table:

 

    Maximum Permitted Sound Pressure Level

    (in decibels)

    33 20 to 33 75    79

    13 75 to 1 100    74

    1 150 to 1 300    66

    1 300 to 1 600    59

    1 600 to 1200    53

    1200 to 2400    47

    2400 to 4800    41

    Above 4800    39

 

    B.    Vibration.

    1.    No activity shall cause or create a steady state of vibration at any point on any lot line, with a displacement in excess of the permitted steady state vibration displacement for the frequencies as set forth in the following table:

 

    Maximum Permitted Steady State Vibration

    Displacement (in inches)

Frequency

(cycles per second)

    10 and below    .0008

    10--20    .0005

    20--30    .0003

    30--40    .0002

    40--50    .0001

    50--60    .0001

    60 and over    .0001

 

    2.    No activity shall cause or create an impact vibration, at any point on any lot line, with a displacement in excess of the permitted impact vibration displacement for the frequencies as set forth in the following table:

 

    Maximum Permitted Impact Vibration

    Displacement (in inches)

Frequency

(cycles per second)    MI

    10 and below    .0016

    10--20    .0010

    20--30    .0006

    30--40    .0004

    40--50    .0002

    50--60    .0002

    60 and over    .0002

(Prior code § 19-1-11)

15.48.110

 

Section 15.48.120    Smoke, odorous matter and toxic matter.

    The following minimum smoke, odorous matter and toxic matter standards must be complied with:

    A.    The density of emission of smoke during normal operations shall not exceed Standard Smoke Chart No. 2, and the quantity of smoke shall not exceed a maximum of ten smoke units per hour per stack.

    B.    The maximum permitted emission of dust relating to combustion for indirect heating from any source shall not exceed the maximum number of pounds of dust per million British Thermal Units heat input per hour as follows:

    The maximum permitted emission shall be 0.50 pounds per minimum size plants producing a heat input of ten million or less British Thermal Units per hour and 0.15 for maximum size plants producing a heat input of ten million or more British Thermal Units per hour. All intermediate values shall be determined from a straight line plotted on log graph paper.

    C.    The emission into the atmosphere of process dust or other particulate matter which is unrelated to combustion for indirect heating or incineration shall not exceed .050 pounds per one hundred (100) pounds of process weight or fifty (50) pounds for one hundred thousand (100,000) pounds of process weight. All intermediate values shall be determined from a straight line plotted on log graph paper.

    D.    The emission of odorous matter in such quantities as to be readily detectable at any point along lot lines or to produce a public nuisance or hazard beyond lot lines is prohibited.

    E.    The emission of toxic or noxious matter, whether solid, liquid or gaseous shall be so controlled that no concentration at or beyond lot lines shall be detrimental to or endanger the public health, safety, comfort and other aspects of the general welfare, or cause damage or injury to property. (Prior code § 19-1-12)

15.48.120

 

Section 15.48.130    Radioactive materials.

    Activities which require radioactive materials in any form are prohibited unless the following standards are complied with:

    A.    Unsealed radioactive materials shall not be manufactured, utilized or stored (unless such materials are stored in a fireproof container at or below ground level) in excess of one million times the quantities set forth in Column 1 of the Table in Section 38-2 of the Industrial Code Rule No. 38, relating to Radiation Protection of the New York State Department of Labor.

    B.    "Fireproof containers" shall include steel or concrete containers and shall not include lead or other low-melting metals or alloys, unless the lead or low-melting metals or alloys are completely encased in steel.

    C.    Not one of the following fissionable materials shall be assembled at any one point, place, or work area on a zoning lot in a quantity equal to or in excess of the amount set forth herein:

 

    Material    Quantity

    Uranium--233    200 grams

    Plutonium--239    200 grams

    Uranium--235    350 grams

 

(Prior code § 19-1-13)

15.48.130

 

Section 15.48.140    Fire, explosives, humidity, heat and glare.

    The following minimum fire, explosive hazards, humidity, heat and glare standards must be complied with:

    A.    For the purpose of this section, materials are divided into four classifications or ratings based on the degree of fire and explosive hazard. The rating of liquids is established by specified open cup flash points.

    1.    Class I includes slow burning to moderate burning materials. This shall include all liquids with an open cup flash point of one hundred eighty-two (182) degrees Fahrenheit or more.

    2.    Class II includes free burning to intense burning materials. This shall include all liquids with an open cup flash point between one hundred (100) degrees Fahrenheit and one hundred eighty-two (182) degrees Fahrenheit.

    3.    Class III includes materials which produce flammable or explosive vapors or gases under ordinary weather temperature. This shall include all liquids with an open cup flash point of less than one hundred (100) degrees Fahrenheit.

    4.    Class IV includes materials which decompose by detonation, including, but not limited to all primary explosives.

    B.    Class I materials as defined above may be stored, manufactured or utilized in manufacturing processes or other production.

    C.    Class II materials may be stored, manufactured or utilized in manufacturing processes or other production only in accordance with the following provisions:

    1.    Such storage, manufacture or utilization shall be carried on only within buildings or other structures which are completely enclosed by incombustible exterior walls;

    2.    Such buildings or other structures shall either be set back at least forty (40) feet from any lot lines, or in lieu thereof, all such buildings shall be protected throughout by an automatic fire extinguishing system.

    D.    Any activity producing excessive humidity in the form of steam or moist air, or producing intense heat or glare, shall be carried out within an enclosure and in such a manner as not to be perceptible at or beyond any lot line. (Prior code § 19-1-14)

15.48.140

 

Section 15.48.150    Signs.

    The placement of signs shall be permitted in compliance with the following requirements:

    A.    An announcement sign containing the name of the business and/or product may be constructed provided it does not exceed fifty (50) square feet in size. Such sign may be placed in the front yard set-back or attached flat to the building.

    B.    Advertising signs shall be permitted provided that all applicable set-back requirements are met, but shall not exceed one hundred (100) square feet. Such signs shall not be permitted on roof tops of buildings.

    C.    No sign shall be placed upon any street or street right-of-way.

    D.    Illuminated signs shall be so placed that the light source does not shine into passing automobiles or into adjoining uses. (Prior code § 19-1-15)

15.48.150

 

Section 15.48.160    Conflicting ordinances and resolutions.

    In any case where a provision of this code is found to be in conflict with a provision of a building, zoning, subdivision, safety or property maintenance ordinance or code of the city existing on the effective date of this industrial standards code, the provisions which established the higher standard shall apply and prevail. (Ord. 1916 § 2 (part), 2001; prior code § 19-1-17) 15.48.160

 

Section 15.48.170    Violations--Penalties.

    Any person, group or other entity who shall violate any provision of this industrial standards code shall, upon conviction, be punished by a fine of not more than seven hundred fifty dollars ($750.00). Each day's failure to comply with any such provision shall constitute a separate offense. (Ord. 1916 § 2 (part), 2001; amended during 1997 codification; prior code § 19-1-18)



 

Chapter 15.52

STORMWATER MANAGEMENT

Sections:

15.52.010    Required.

15.52.020    Short title.

15.52.030    Plan required before development.

15.52.040    On-site detention facilities required.

15.52.050    Detention facilities--General design features.

15.52.060    Detention facilities--Safety features.

15.52.070    Applicability of provisions.

15.52.080    Construction of facilities.

15.52.090    Review by city engineer.

Section 15.52.010    Required.

    The development of land in any zoning district in the city shall require stormwater management as provided in this chapter. (Ord. 1320 § 1 (part), 1995: prior code § 5-7-1 (part))

15.52.010

 

Section 15.52.020    Short title.

    This chapter shall be known and may be cited as the stormwater management ordinance. (Ord. 1320 § 1 (part), 1995: prior code § 5-7-1(A))

15.52.020

 

Section 15.52.030    Plan required before development.

    Any person, firm, corporation or other entity proposing to construct buildings or develop land within any zoning district of the city shall prepare, for approval by the city engineer, a stormwater management plan that describes the manner in which erosion, sediment and runoff resulting from the development will be controlled and managed. No building or construction permits shall be issued by the city and no final plat and no improvement plans for a real estate development in the city shall be approved by the city until the stormwater management plan has been approved by the city engineer as meeting the requirements of this chapter, or the requirement for such stormwater management plan has been waived by the city engineer. Downstream property owners, watercourses, channels or conduits shall not receive stormwater runoff from proposed upstream developments at a higher peak flow rate than would have resulted from the same storm event occurring over the site of the proposed development with the land in its natural, undeveloped conditions, nor shall stormwater runoff exceed  the capacity of the natural drainage system. (Ord. 1320 § 1 (part), 1995: prior code § 5-7-1(B))

15.52.030

 

Section 15.52.040    On-site detention facilities required.

    A.    Stormwater runoff resulting from a proposed development shall be detained on-site:

    1.    By wet or dry bottom reservoirs;

    2.    By underground reservoirs;

    3.    On flat roofs, parking lots or streets, or

    4.    By other detention methods approved by the city engineer.

    B.    For purposes of designing adequate on-site detention facilities, the Illinois State Water Survey rainfall data for this region shall be used. (Ord. 1320 § 1 (part), 1995: prior code § 5-7-1(C), (D))

15.52.040

 

Section 15.52.050    Detention facilities--General design features.

    A.    Detention Basins. Basins may be constructed to temporarily detain the stormwater runoff so that the rate at which it is released is the same rate as before development. The following features shall be incorporated into the design of any detention basin:

    1.    Storage Volume.

    a.    The volume of storage provided shall be sufficient to store flows both during and immediately after the maximum storm event which can be expected to occur once every ten and one hundred (100) years.

    b.    After the storage volume has been determined as required above, a one-foot freeboard shall be added to the dam height.

    2.    Outlet Control Works.

    a.    Outlet works shall be designed to limit peak outflow rates from detention storage areas to or below peak flow rates that would have occurred prior to the proposed development.

    b.    Outlet works shall not include any mechanical components or devices and shall function without requiring attendance or control during operation.

    3.    Spillway. Emergency spillways shall be provided to permit the safe passage of runoff generated from a one hundred (100) year storm.

    4.    Maximum Depth. The maximum planned depth of stormwaters stored shall not normally exceed four feet.

    5.    Side Slopes. The maximum side slopes for grassed basins shall not exceed one foot vertical for two feet horizontal (2:1 slope) for basins less than or equal to four feet deep; for basins greater than four feet deep the maximum side slope shall not exceed three to one (3:1).

    6.    Limits of Ponding. In no case shall the limits of maximum ponding be closer than thirty (30) feet horizontally from any building and less than two feet vertically below the lowest sill elevation.

    7.    Interior Drainage. The basin bottom should be designed to drain expeditiously. If the bottom is to be grass, it should have a minimum slope of one percent.

    8.    Low Flow Channel. Small flows through the detention basin should be handled by paved ditches from inflow structure to outflow structure to minimize erosion.

    9.    Multipurpose Basins. If the detention basin is to have other uses, the design of the basin bottom should include underdrains to expedite drying of the bottom between runoff events.

    10.    Aesthetics. Designs should result in aesthetically pleasing configurations which will enhance public acceptability.

    B.    Detention Ponds. Detention ponds may also be used to temporarily detain the differential runoff from the development. In addition to the general design features enumerated above for detention basins, the following features should also be incorporated into the design of any detention pond:

    1.    Normal Pool Depth. In order to minimize weed growth, the normal pool depth should be four feet.

    2.    Depth for Fish. If fish are to be kept in the pond, at least one-quarter of the area of the permanent pool should have a minimum depth of ten feet.

    3.    Facilities for Emptying. In order to ease cleaning of the pond or shoreline maintenance, the pond design should include provisions for emptying the pond.

    4.    Low Flow By-Pass. The design of any pond may include a low flow by-pass channel or pipeline to divert runoff that can be accommodated by downstream drainageways.

    5.    Bank Stabilization. In order to minimize the effects of waves or ice, some type of bank stabilization such as rip-rap or concrete should be placed along the normal pool shoreline.

    6.    Side Slopes Below Normal Pool. The side slopes below the normal pool elevation may exceed the maximum side slope permitted above normal pool. The design shall, however, include provisions for a safety ledge having a depth of water not greater than three feet immediately adjacent to the shoreline.

    C.    Rooftop Storage. Detention storage may be met in total or in part by detention on roofs. Details of such design, which shall be included in the building permit application, shall include the depth, the volume of storage, details of outlet devices and downdrains, elevations of overflow scuppers, design loadings for the roof structure and emergency overflow provisions. Direct connection of roof drains to sanitary sewers is prohibited.

    D.    Parking Lot Storage. Paved parking lots may be designed to provide temporary detention storage of stormwater on all or a portion of their surfaces. Outlets will be designed so as to slowly empty the stored waters and depths of storage must be limited so as to prevent damage to parked vehicles.

    E.    Other Detention Methods. All or a portion of the detention storage may also be provided in underground or surface detention facilities, to include basins, tanks or swales, etc. (Ord. 1320 § 1 (part), 1995: prior code § 5-7-1(E))

15.52.050

 

Section 15.52.060    Detention facilities--Safety features.

    Designs of detention facilities shall incorporate safety features, particularly at outlets, on steep slopes, and at any attractive nuisances to include, as necessary, fencing, hand rails, lighting, steps, grills, signs and other protective or warning devices so as to restrict access during critical periods and to afford some measure of safety to both authorized and unauthorized persons. (Ord. 1320 § 1 (part), 1995: prior code § 5-7-1(F))

15.52.060

 

Section 15.52.070    Applicability of provisions.

    The provisions of this chapter shall be applicable in the following areas:

    A.    Any development in a residential or agricultural zoning district having a gross bulk aggregate area of five acres or more; and

    B.    Any development in a residential or agricultural zoning district in the city of less than five acres with a fifty (50) percent impervious surface including roads, buildings, utility rights-of-way and other improvements; and

    C.    Any development in any other zoning district in the city (including but not limited to commercial, commercial park, business park, industrial and historical zoning districts) having a gross bulk aggregate area of one acre or more. (Ord. 1320 § 1 (part), 1995: prior code § 5-7-1(G))

15.52.070

 

Section 15.52.080    Construction of facilities.

    The stormwater detention facilities shall be built in conjunction with the storm sewer installation and be fully operational after the clearing of vegetation.

    A.    Silt and debris connected with early construction shall be removed periodically from the detention area to maintain full storage capacity.

    B.    The maintenance responsibility of the detention area shall remain with the developer and/or contractor until final inspection and applicable construction performance guarantees are released.

    C.    Before final plat approval and before approval of subdivision improvement plans by the city, the developer shall submit his commitment for future maintenance responsibility of the detention area. The city may withhold final plat approval and approval of improvement plans unless adequate arrangements are made to provide for the future maintenance of the detention area by the developer or the property owners in the subdivision benefitted thereby. (Ord. 1320 § 1 (part), 1995: prior code § 5-7-1(H))

15.52.080

 

Section 15.52.090    Review by city engineer.

    When applicable, the provisions of this chapter shall be reviewed by the city engineer to assure compliance. (Ord. 1320 § 1 (part), 1995: prior code § 5-7-1(I))



 

Chapter 15.56

MOBILEHOME PARKS

Sections:

15.56.010    Short title.

15.56.020    Construction.

15.56.030    General requirement.

15.56.040    Definitions.

15.56.050    Mobilehome standards and requirements.

15.56.060    Lot size and yard dimensions, setback and building height.

15.56.070    Outdoor living area.

15.56.080    Dependent mobilehomes.

15.56.090    Display title.

15.56.100    Sale of mobilehomes and lots.

15.56.110    Transformation of mobilehomes.

15.56.120    Accessory structures, alterations and additions.

15.56.130    Site requirements.

15.56.140    Buffer strips.

15.56.150    Streets--Generally.

15.56.160    Streets--Curbing and guttering.

15.56.170    Streets--Parking.

15.56.180    Street lights.

15.56.190    Sidewalks.

15.56.200    Jacks and stabilizers.

15.56.210    Mobilehome pad requirements.

15.56.220    On-lot parking.

15.56.230    Off-lot parking.

15.56.240    Mail box.

15.56.250    Tie-down anchorage requirements.

15.56.260    Water supply and distribution system.

15.56.270    Fire protection.

15.56.280    Fire extinguishers.

15.56.290    Pressure.

15.56.300    Sewage disposal.

15.56.310    Sewage system connection.

15.56.320    Refuse disposal and pest control.

15.56.330    Public hazard--Maintenance.

15.56.340    Electrical distribution lines and service--Connection.

15.56.350    Telephone utilities.

15.56.360    Fuel storage.

15.56.370    Fuel system regulations.

15.56.380    Requirements for service buildings, recreation buildings and other community service facilities.

15.56.390    License.

15.56.400    Responsibility of management.

15.56.410    Registration of occupants.

15.56.420    Inspections of mobilehome park.

15.56.430    Responsibility of the mobilehome resident.

15.56.440    Violations--Penalties.

Section 15.56.010    Short title.

    This chapter shall be known and may be cited and referred to as the mobilehome park code of the city. (Prior code § 23-1-1)

15.56.010

 

Section 15.56.020    Construction.

    In the construction of this chapter, the rules and definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise. (Prior code § 23-2-1)

15.56.020

 

Section 15.56.030    General requirement.

    Any mobilehome park hereafter established within the city shall be located only in such zoning districts as may be established for such use by the zoning code of the city as amended from time to time. (Prior code § 23-2-2)

15.56.030

 

Section 15.56.040    Definitions.

    As used in this chapter:

    "City clerk" means the city clerk of the city of Columbia, Illinois.

    "City council" means the city council of the city of Columbia, Illinois.

    "MR" means mobile residence zone.

    "Mobilehome" means a one-family dwelling unit of vehicular, portable design built on a chassis and designed to be moved from one area to another and to be used without a permanent foundation, and intended to be a permanent habitation for one or more persons.

    Mobilehome, Dependent. "Dependent mobilehome" means a mobilehome which does not have toilet and bath or shower facilities.

    Mobilehome, Independent. "Independent mobilehome" means a mobilehome with self-contained toilet and bath or shower facilities.

    "Mobilehome lot" means a parcel of land for the placement of a mobilehome and the exclusive use of its occupants.

    "Mobilehome module" means a factory fabricated building unit transported to a building site, may be mounted on a permanent foundation, and is designed for residential use.

    "Mobilehome pad" means that part of an individual mobilehome space or lot beneath the mobile-home including the concrete portion of the pad.

    "Mobilehome park" means tract of land or portions thereof, divided into lots or parking berths platted and laid out to provide sites for mobile-homes permanently affixed (as herein defined) to the site, including any building, structure or enclosure used or intended for use as part of the equipment or services of such park, includes courts, developments, communities.

    "Mobilehome space" means a portion of a mobilehome park designed for the use or occupancy of one mobilehome.

    "Permanent foundation" means a structure other than mobilehome pad, permanently built into the land as a basement, or foundation upon which a mobilehome is placed with wheels, tongue and hitch permanently removed.

    "Permanently affixed" means a mobilehome when its wheels or other transporting device(s) have been removed therefrom or otherwise fixed so as to prevent ready removal or ready mobility of such mobilehome and shall be anchored to the land as provided herein.

    "Travel trailer" means a vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use. (Prior code § 23-2-3)

15.56.040

 

Section 15.56.050    Mobilehome standards and requirements.

    In the zoning districts where mobilehomes are permitted, mobilehome units shall comply with the following standards and requirements:

    A.    Minimum Areas. Mobilehome units shall have a minimum floor area, exclusive of kitchen, bath and closet areas, of one hundred forty (140) square feet when occupied by not more than two persons, nor less than two hundred forty (240) square feet when occupied by three persons, with an additional seventy (70) square feet per person when occupied by more than three persons. No individual room exclusive of kitchen, bath or utility room, shall have an area less than seventy (70) square feet nor be less than seven feet six inches in minimum dimension.

    B.    Light and Ventilation. Rooms or enclosed spaces, exclusive of kitchens or bathrooms, shall be provided with windows or exterior doors for natural light and ventilation. The aggregate glass area shall be not less than one-tenth of the floor area served, with not less than one-half of this area available for unobstructed ventilation; or the equivalent in mechanical ventilation shall be provided.

    Kitchens and bathrooms shall be provided with windows not less than three square feet in area with not less than one-half of this area available for unobstructed ventilation; or the equivalent in artificial light and mechanical ventilation. When not provided with natural ventilation of the required area, kitchens shall be provided with an exhaust fan. Mechanical ventilation for kitchens and bathrooms shall provide a minimum air change of one hundred (100) cubic feet per minute; and in other spaces, when used, shall provide a minimum of not less than two air changes per hour in the space served.

    C.    Exit Requirements. Mobilehome units shall have not less than two doors, or one door and one unobstructed emergency exitway. One door shall be located near the front of the unit and one near the rear. An emergency exit-way may be substituted for the rear door when the length of the unit does not permit use of two doors. Locking mechanism for doors shall be of the safety type permitting opening of the door from the inside by the operation of a single knob or lever. When sleeping rooms of a mobilehome unit are arranged so that they have access to only one door of the unit without passing through a passageway that might be blocked by fire, the room shall be provided with at least one outside window which can be opened from the inside without the use of tools and of such design that it may serve as an emergency exit-way if the normal avenues of escape are blocked.

    D.    Mechanical Requirements. Plumbing, heating, electrical and air conditioning installations shall comply with the standards, if any, prescribed by the state of Illinois.

    E.    Compliance with Standards. Mobilehome units shall comply in every other instance not set forth above with the standards, if any, prescribed by the state of Illinois.

    Units not complying with these standards and requirements shall be classified as "travel trailers" and shall be prohibited in a mobilehome park as defined in this chapter. (Prior code § 23-2-4)

15.56.050

 

Section 15.56.060    Lot size and yard dimensions, setback and building height.

    In the zoning districts where mobilehome parks are permitted, the establishment of such accommodations shall be subject to the following requirements:

    A.    Minimum Lot Size and Minimum Yard Dimensions. The following regulations relative to the minimum lot size and minimum yard dimensions shall apply to the entire tract of land on which the mobilehome park is situated.

    1.    A mobilehome park shall be located on a tract of land not less than five acres in area, with a minimum width and depth dimensions of four hundred (400) feet.

    No mobilehome park shall exceed one hundred (100) individual mobilehome spaces, except by special use permit.

    2.    Any mobilehome, building, structure shall be located at least twenty-five (25) feet from any front or rear lot line or any side lot line adjacent to a street and at least fifteen (15) feet back from one side yard lot line and ten feet back from the other side yard lot line; provided, that no mobilehome may be located less than forty (40) feet from another mobilehome, building or structure.

    B.    Individual Mobilehome Spaces. The minimum individual area requirement for mobilehome spaces shall be five thousand (5,000) square feet, with a width of fifty (50) feet and a depth of one hundred (100) feet.

    C.    Maximum Height. No mobilehome, building or structure within the mobilehome park will exceed the height of twenty-five (25) feet. (Prior code § 23-2-5)

15.56.060

 

Section 15.56.070    Outdoor living area.

    Each mobilehome space or lot shall be provided with an outdoor living and service area. Such area shall be improved as necessary to assure reasonable privacy and comfort. Spaces shall be arranged and mobilehomes parked in such manner that there is an open area of at least four hundred fifty (450) square feet at the rear or side of and as a part of each mobilehome space. (Prior code § 23-2-6)

15.56.070

 

Section 15.56.080    Dependent mobilehomes.

    A dependent mobilehome shall not be located in any mobilehome park within the jurisdiction of the city to be used as a temporary or permanent residence. (Prior code § 23-2-7)

15.56.080

 

Section 15.56.090    Display title.

    All mobilehomes shall display a certificate of title in accordance with the instructions of the Illinois Secretary of State. (Prior code § 23-2-8)

15.56.090

 

Section 15.56.100    Sale of mobilehomes and lots.

    The sale of mobilehomes and lots shall not be impaired by reason of this chapter. (Prior code § 23-2-9)

15.56.100

 

Section 15.56.110    Transformation of mobilehomes.

    No alterations to any mobilehome in such a manner that the mobilehome becomes immobile and removes it from the requirement of this chapter shall be lawful unless a special use permit is therefore secured. (Prior code § 23-2-10)

15.56.110

 

Section 15.56.120    Accessory structures, alterations and additions.

    No permanent addition shall be built onto or become part of any mobilehome. Temporary structures shall be permitted in accordance with the following provisions and requirements.

    A.    Accessory structures shall be designed in a manner that will enhance the appearance of the mobilehome development.

    B.    Cabanas, patios or porches of which at least one side must be open, except for screening for insects.

    C.    Electrical circuits supplying the accessory structure shall be independent of the circuit supplying the mobilehome, unless a branch circuit is available in the mobilehome itself.

    D.    Skirting of a mobilehome shall be required, but such skirting shall not attach the mobilehome permanently to the ground, provide a harborage for rodents, or create a fire hazard. Such skirting so installed shall be of fire resistant materials, and shall be equipped with an inspection door(s).

    E.    Structures having an area not exceeding ten percent of the square foot floor area of the mobile-home may be entirely enclosed if utilized for storage purposes only.

    F.    Height shall not exceed the principal building. (Prior code § 23-2-11)

15.56.120

 

Section 15.56.130    Site requirements.

    Any mobilehome park shall be located on a well-drained site, and shall be located so that its drainage will not constitute a hazard or nuisance to the person or property or water supply of other persons. Breeding places for insects or rodents shall not be permitted within a mobilehome park. Mobilehome parks shall not be subject to flooding or ponding, fire or safety hazards. (Prior code § 23-2-12)

15.56.130

 

Section 15.56.140    Buffer strips.

    All mobilehome parks shall be provided with a planting screen of at least twenty (20) feet in depth and height along the property boundary line surrounding the trailer park separating the trailer park and any adjacent zoning district. (Prior code § 23-2-13)

15.56.140

 

Section 15.56.150    Streets--Generally.

    Streets, and other access ways within mobilehome parks shall be private streets and access ways, except that the municipal authorities may accept as city streets, such streets as it deems advisable. All mobilehome parks shall have approved safe and convenient access and exit to existing public street patterns, if any, or to the nearest collector street and/or major thoroughfare if no existing street pattern. Final approval of streets shall be by the city council, in accordance with the applicable street standards as set forth in the subdivision code of the city in existence from time to time. (Prior code § 23-2-14)

15.56.150

 

Section 15.56.160    Streets--Curbing and guttering.

    All streets, drives and access ways shall be bounded by a curb and gutters, and meet the construction and design standards of the subdivision code of the city in existence from time to time. (Prior code § 23-2-15)

15.56.160

 

Section 15.56.170    Streets--Parking.

    No parking shall be permitted on the entrance and exit streets of the development for a distance of one hundred (100) feet from its intersection with an existing public street. (Prior code § 23-2-16)

15.56.170

 

Section 15.56.180    Street lights.

    All mobilehome parks shall have adequate street lighting; the minimum distance between street lights shall not exceed one hundred fifty (150) feet. Such lights shall meet the requirements of the city's street light requirements as set forth in the subdivision code in existence from time to time. (Prior code § 23-2-17)

15.56.180

 

Section 15.56.190    Sidewalks.

    All mobilehome parks shall be provided with safe, convenient, all-season pedestrian access. Sidewalks shall meet the requirements of the subdivision code of the city in existence from time to time. (Prior code § 23-2-18)

15.56.190

 

Section 15.56.200    Jacks and stabilizers.

    Jacks and/or stabilizers shall be placed under the frame of the mobilehome to prevent movement on the springs while the mobilehome is parked and occupied and shall be located on concrete footing as specified in Figure 1 attached to the ordinance codified in this chapter. (Prior code § 23-2-19)

15.56.200

 

Section 15.56.210    Mobilehome pad requirements.

    The mobilehome pad shall be improved to provide adequate support for the placement and tie-down of the mobilehome. The pad shall not heave, shift or settle unevenly under the weight of the mobilehome due to frost action, inadequate drainage, vibration, wind or other forces acting on the structure. All mobilehomes shall be placed on a mobilehome pad constructed of Portland cement concrete not less than four inches in thickness. In addition, all mobilehome pads shall be at least ten feet wide by forty (40) feet in length. Expandable sections may be supported by an extension of the mobilehome pad or concrete piers and footings, with a maximum of ten-foot spacing between piers and a pier to be located no more than four feet from the corners of the mobilehome expandable section, or in a manner equivalent thereto and approved by the city council. (Prior code § 23-2-20)

15.56.210

 

Section 15.56.220    On-lot parking.

    All on-lot parking shall be either on concrete driveways and/or concrete floor with permanent structural carports, providing at least two on-lot parking spaces for each mobilehome. (Prior code § 23-2-21)

15.56.220

 

Section 15.56.230    Off-lot parking.

    There shall be no off-lot parking except on separate visitors parking lots, which shall be separate from the general mobilehome area by a buffer strip of at least twenty (20) feet. Such visitors parking lot may contain only twenty (20) parking spaces. Each parking space must be at least ten feet by twenty (20) feet, and comply with all other off-street parking requirements of the subdivision code of the city in existence from time to time. (Prior code § 23-2-22)

15.56.230

 

Section 15.56.240    Mail box.

    Each mobilehome lot and/or mobilehome shall be provided with its own private and individual mail box. (Prior code § 23-2-23)

15.56.240

 

Section 15.56.250    Tie-down anchorage requirements.

    All mobilehomes shall meet the tie-down requirements of the following table: (See Figure 1 attached to the ordinance codified in this chapter.)

 

    10 and 12 Ft. Wide Mobilehomes

 

    30 to 50 ft. long

 

No. of Frame Ties    No. of Over-The-Top

        (pairs)                              Ties

           4                                   3

 

    50 to 60 ft. long

 

No. of Frame Ties    No. of Over-The-Top

        (pairs)                              Ties

           5                                   3

 

    12 and 14 Ft. Wide Mobilehomes

 

    60 to 70 ft. long

 

No. of Frame Ties    No. of Over-The-Top

        (pairs)                              Ties

           5                                   3

 

    Tie-down components used, including anchor systems, must be able to withstand at least four thousand eight hundred (4,800) pounds without failure. (Prior code § 23-2-24)

15.56.250

 

Section 15.56.260    Water supply and distribution system.

    A.    General Requirements. An accessible, adequate, safe and potable supply of water shall be provided in each mobilehome park. Where a public supply of water is available at or near the site, connection shall be made thereto and its supply used exclusively. When a public water supply is not available, a private water supply system may be developed and used as recommended by the city engineer(s) and approved by the Illinois Environmental Protection Agency and the city council.

    1.    Source and Volume of Supply for Private Systems. The water supply shall be capable of supplying a minimum of two hundred fifty (250) gallons per minute for a duration of two hours.

    2.    The water supply shall be capable of supplying a minimum of three hundred (300) gallons per day per mobilehome.

    3.    The number of mobilehome spaces to be occupied in the mobilehome park shall be limited to the quantity of water necessary to supply each mobilehome with the minimum requirements.

    B.    Tests. The operator of a private water supply system shall obtain bi-monthly water quality tests from the Illinois Environmental Protection Agency, and shall forward one copy of that report to the city clerk.

    C.    Main Size. The water distribution main serving the confines of the mobilehome park shall not be less than six inches in diameter.

    D.    Connection. The water piping system shall not be connected with nonpotable or questionable water supplies and shall be protected against the hazards of backflow or siphonage.

    E.    Pressure. The system shall be so designed and maintained as to provide a pressure of not less than twenty (20) pounds or not more than eighty (80) pounds per square inch, under all normal operating conditions at each mobilehome pad.

    F.    Separation. Water mains, if installed parallel to sewer lines, shall be separated at least ten feet horizontally from any sanitary sewer, storm sewer or sewer manhole.

    G.    Individual Water Riser Pipes and Connections.

    1.    Individual water riser pipes shall be located within the area of the mobilehome pad.

    2.    Water riser pipes shall extend at least four inches above ground elevation. The pipe diameter shall be at least three-quarter inch. The water outlet shall be capped when a mobilehome does not occupy the lot.

    3.    Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions of the ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipes.

    4.    A shut-off valve below the frost line shall be provided near the water riser pipe on each mobile-home space or lot. (Prior code § 23-2-25)

15.56.260

 

Section 15.56.270    Fire protection.

    Fire hydrants shall be located within four hundred (400) feet of any mobilehome, service building or other structure in the development, and readily accessible to fire-fighting equipment. (Prior code § 23-2-26)

15.56.270

 

Section 15.56.280    Fire extinguishers.

    Two fire extinguishers of the dry chemical ABC designation of at least two pounds shall be provided by the mobilehome operator and placed in each mobilehome or may be a requirement by the operator of the occupants of the individual mobilehome. In no event shall a mobilehome be occupied that does not have this kind of fire extinguisher. (Prior code § 23-2-27)

15.56.280

 

Section 15.56.290    Pressure.

    The water supply system shall permit the operation of a minimum of two one and one-half-inch hose streams. Each of the two nozzles, held four feet above the ground, shall deliver at least seventy-five (75) gallons of water per minute at a flowing pressure of at least twenty (20) pounds per square inch at the highest elevation point of the development. (Prior code § 23-2-28)

15.56.290

 

Section 15.56.300    Sewage disposal.

    Each mobilehome shall be served by a central sewage collection system and each mobilehome shall be provided with at least a four-inch sewer connection. The sewer connection shall be provided with suitable fittings so that a water-tight, self-draining connection can be made between the mobilehome and the sewer connection. Such individual mobilehome connection shall be so constructed that they can be closed when not linked to a mobile-home and shall be so capped as to prevent any escape of odor or gas. No wastewater shall be allowed to fall on the ground from a mobilehome. The plans and specifications of the sewage collection system shall be approved by the Illinois Environmental Protection Agency and the city council. Septic tank practices shall not be permitted. (Prior code § 23-2-29)

15.56.300

 

Section 15.56.310    Sewage system connection.

    Where a public sewage collection system is within a one thousand (1,000) foot distance, connection shall be made thereto and the public central system shall be used exclusively. An independent central sewage system to serve the mobilehome park shall be permitted only after a permit has been denied to connect into a public sewage collection system, expressed approval has been granted in writing by the city council, and the plans and specifications for the sewage system have been approved by the state of Illinois Environmental Protection Agency and the city council. (Prior code § 23-2-30)

15.56.310

 

Section 15.56.320    Refuse disposal and pest control.

    The storage and collection of refuse in the mobilehome park shall be so managed as to create no health hazard, rodent harborage, insect breeding areas, accident hazards, or air pollution. All refuse shall be stored in fly-tight, water-tight, rodent-proof containers which shall be provided in sufficient number and capacity to accommodate all refuse from the mobilehome park. Satisfactory container racks or holders shall be provided at permanent locations convenient to mobilehome spaces, in areas appropriately and visually screened.

    All refuse containing garbage shall be collected at least twice weekly. Where suitable collection service is not available from municipal or private agencies, the management shall arrange for or provide this service. All refuse shall be collected and transported in covered vehicles or covered containers. Refuse disposal shall not be permitted in the mobilehome development site or tract of land. (Prior code § 23-2-31)

15.56.320

 

Section 15.56.330    Public hazard--Maintenance.

    Automobiles which are not in operating condition, junk, trash or other refuse and other matters of a hazardous nature shall not be permitted to be maintained in the mobilehome park. (Prior code § 23-2-32)

15.56.330

 

Section 15.56.340    Electrical distribution lines and service--Connection.

    A.    All electrical transmission and distribution lines shall be at least twenty-four (24) inches below ground surface and at least one foot radial distance from sewer, water, gas or communication lines.

    B.    Connection. Any electrical connection to a mobilehome shall be completely enclosed to protect the individual service from human accidents and rodent damages. Electrical connections for each individual mobilehome space shall be provided and each such connection shall apply two hundred twenty (220) volts A.C. and shall be rated at not less than one hundred (100) amperes. (Prior code § 23-2-33)

15.56.340

 

Section 15.56.350    Telephone utilities.

    All utility lines for telephone services shall be placed underground entirely throughout the mobile-home park; the conduits or cables shall be placed within easements or dedicated public ways, in a manner which will not conflict with other underground services, and shall be at least twenty-four (24) inches below ground surface and at least one foot radial distance from sewer, water, gas or electrical lines and services. (Prior code § 23-2-34)

15.56.350

 

Section 15.56.360    Fuel storage.

    All fuel storage tanks or cylinders shall be permanently installed and securely fastened in place and shall not be located: inside or beneath the mobile-home, or less than fifteen (15) feet from the mobile-home exit-entrance. Fuel storage shall be permitted in tanks or containers mounted on an incombustible frame at the rear of the mobilehome. Fuel containers shall not exceed three hundred (300) gallon capacity unless approved by the city council. (Prior code § 23-2-35)

15.56.360

 

Section 15.56.370    Fuel system regulations.

    A.    Natural Gas or Central Butane System Installation. All gas piping installed below ground shall have a minimum earth cover of eighteen (18) inches. Gas mains shall not be installed under any mobilehome.

    B.    System Shutoff Valve. A readily accessible and identified shutoff valve, controlling the flow of fuel to the central fuel piping system, shall be installed near the point of connection to the main fuel supply point.

    C.    Mobilehome Lot Shutoff Valve. Each mobilehome lot shall have a city-approved fuel shutoff valve installed upstream of the mobilehome fuel outlet and located on the outlet riser at a height of not less than four inches above grade. Whenever the mobilehome lot outlet is not in use, the outlet shall be equipped with a city-approved cap or plug to prevent accidental discharge of fuel.

    D.    Mobilehome Connector. Each mobilehome shall be connected to the mobilehome lot outlet by an approved three-quarter-inch mobilehome connector not more than six feet in length. City-approved pipe and fittings may be used between the flexible connector and mobilehome lot fuel outlet when the distance between the mobilehome lot fuel outlet and the mobilehome fuel service connection exceeds that required to make a safe installation with only a mobilehome connector.

    E.    Fuel Oil Distribution System. Piping installed below ground shall have a minimum earth cover of eighteen (18) inches and all fuel lines shall be provided with a stopcock at the outlet of the fuel container and another stopcock just before the fuel line enters the mobilehome.

    F.    Vent. Every fuel oil tank shall be vented by a vent not less than one and one-fourth-inch iron pipe size, so designed and installed to prevent entrance of rain or debris.

    G.    Fuel Oil Connector. Fuel oil connector from the tank to the mobilehome shall be brass or copper tubing or approved flexible metal hose not smaller than three-eights-inch iron pipe or tubing, and shall be protected from physical damage. (Prior code § 23-2-36)

15.56.370

 

Section 15.56.380    Requirements for service buildings, recreation buildings and other community service facilities.

    The requirements of this section shall apply to service buildings, recreation buildings and other community service facilities.

    A.    Emergency Sanitary Facilities. If sanitary facilities are not provided in a laundry building, community building or similar facility on a twenty-four (24) hour basis, provision for the use of sanitary facilities shall be made and they shall be available to park residents and guests in emergency situations. The owner shall be responsible for normal maintenance and cleanliness of sanitary facilities provided for the general use of park residents.

    B.    Permanent Buildings.

    1.    All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such material and be so constructed and protected as to prevent entrance or penetration of moisture and weather.

    2.    All rooms containing sanitary facilities shall:

    a.    Have sound resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof materials or covered with moisture resistant material;

    b.    Have at least one window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than ten percent of the floor area served by them;

    c.    Have at least one window which can be easily opened, or a mechanical device which will adequately ventilate the room.

    3.    Toilets shall be located in separate compartments equipped with self-closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open.

    4.    Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry fixture by separate controls and cold water shall be furnished to every water closet and urinal.

    5.    All buildings shall be located at least fifteen (15) feet from any mobilehome space.

    6.    Buildings intended to function as central kitchens serving food on a daily basis shall not be permitted. This provision does not apply to the normal use of pavilions or community buildings where the occasional use of such structures or buildings for picnics, parties and related functions occur.

    7.    Recreational facilities may be provided and/or installed, such as swimming pools, tennis courts, volleyball courts, picnic areas, etc., provided all such facilities are maintained in excellent condition with respect to the health, safety and welfare of the mobilehome park occupants, and their allowed guests, in accordance with the appropriate ordinances of the city, if any. (Prior code § 23-2-37)

15.56.380

 

Section 15.56.390    License.

    No person shall establish, maintain, conduct or operate any new mobilehome park after the adoption of this chapter without first obtaining a license therefor from the city clerk. Such license shall expire at midnight on December 31st of each year, and the license shall be renewed from year to year upon payment of the annual license fee. The licensee shall pay the city clerk on or before January 1st of each year the annual license fee which shall be set by city ordinance from time to time. Licenses issued for less than one year shall be pro rated on a monthly basis. Any fee once paid shall not be refunded. Licenses issued under this chapter are not transferable. (Amended during 1997 codification; prior code § 23-2-38)

15.56.390

 

Section 15.56.400    Responsibility of management.

    A.    A person or persons to whom a license for a mobilehome park is issued shall provide adequate supervision to maintain the development in compliance with this chapter, as well as other applicable codes or ordinances of the city. The management shall further notify the residents of the development of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter.

    B.    The management shall supervise the placement of each mobilehome on its mobilehome stand which includes securing its stability and installing all utility connections.

    C.    The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. The community shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds detrimental to health. Open areas shall be maintained free of heavy undergrowth of all descriptions.

    D.    The management shall post a twenty (20) mile per hour speed limit within the private streets and ways of the mobilehome park. (Prior code § 23-2-39)

15.56.400

 

Section 15.56.410    Registration of occupants.

    A.    Duties of Custodian or Manager. Each mobilehome park shall be provided with a custodian's office. The custodian or manager shall register each mobilehome entering the park, give the occupants a copy of the park rules and instruct the occupants in fire extinguisher operating techniques. Registration shall be on forms approved by the city. A register shall be kept current daily and shall include: the name and address of every occupant in the mobilehome, the license number and state of the vehicle towing the mobilehome into the park, the occupant's automobile license number and a statement indicating the exact location at which such mobilehome was last parked, including the state, city, town or village where such parking occurred.

    B.    Registration Records. The above-mentioned register shall be signed by an adult occupant of the mobilehome. Any person furnishing misinformation for purposes of registration shall be deemed guilty of a misdemeanor and punishable under the general statutes of the state of Illinois for such offense. The registration records shall be neatly and securely maintained and no registration records shall be destroyed until six years have elapsed following the date of registration. The register shall be available at all times for inspection by law enforcement officers. (Prior code § 23-2-40)

15.56.410

 

Section 15.56.420    Inspections of mobilehome park.

    The mobilehome park enforcement officer is directed to make at least two inspections per year per mobilehome park to determine satisfactory compliance with this chapter.

    A.    The mobilehome park enforcement officer shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter.

    B.    The mobilehome park enforcement officer shall have the power to inspect the register containing a record of all residents of the mobilehome park. (Prior code § 23-2-41)

15.56.420

 

Section 15.56.430    Responsibility of the mobilehome resident.

    It shall be the duty of every resident of the mobilehome park to give the management thereof or his designated agent access to any part of such mobilehome development at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this chapter. (Prior code § 23-2-42)

15.56.430

 

Section 15.56.440    Violations--Penalties.

    Any person, firm or corporation violating the provisions of this chapter shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed committed on each day in which any violation of this chapter occurs. (Prior code § 23-2-43)



 

Chapter 15.60

FLOOD HAZARD PROTECTION REGULATIONS

Sections:

15.60.010    Purpose.

15.60.020    Definitions.

15.60.030    Duties of the building inspector.

15.60.040    Base flood elevation.

15.60.050    Development permit.

15.60.060    Preventing increased damages.

15.60.070    Protecting buildings.

15.60.080    Other development requirements.

15.60.090    Variances.

15.60.100    Disclaimer of liability.

15.60.110    Violation--Penalty.

Section 15.60.010    Purpose.

    This chapter is enacted pursuant to the police powers granted to this city by Illinois Revised Statutes, Chapter 24, Sections 1-2-1, 11-12-12, 11-30-2, 11-30-8 and 11-31-2 in order to accomplish the following purposes:

    A.    To prevent unwise developments from increasing flood or drainage hazards to others;

    B.    To protect new buildings and major improvements to buildings from flood damage;

    C.    To protect human life and health from the hazards of flooding;

    D.    To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations;

    E.    To maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas; and,

    F.    To make federally subsidized flood insurance available for property in the city by fulfilling the requirements of the National Flood Insurance Program. (Ord. 819 § 1, 1990)

15.60.010

 

Section 15.60.020    Definitions.

    For the purposes of this chapter, the following definitions are adopted:

    "Base flood" means the flood having a one-percent probability of being equalled or exceeded in any given year. The base flood is also known as the one hundred (100) year flood. The base flood elevation at any location is as defined in Section 15.60.040.

    "Building" means a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home or a prefabricated building. The term also includes recreational vehicles and travel trailers to be installed on a site for more than one hundred eighty (180) days.

    "Development" means any manmade change to real estate, including:

    1.    Construction, reconstruction or placement of a building or any addition to a building valued atmore than one thousand dollars ($1,000.00);

    2.    Installing a manufactured home on a site, preparing a site for a manufactured home or installing a travel-trailer on a site for more than one hundred eighty (180) days;

    3.    Installing utilities, construction of roads, orsimilar projects;

    4.    Construction or erection of levees, walls, fences, bridges or culverts;

    5.    Drilling, mining, filling, dredging, grading,excavating or other nonagricultural alterations of the ground surface;

    6.    Storage of materials; or

    7.    Any other activity that might change the direction, height or velocity of flood or surface waters.

Development does not include maintenance of existing buildings and facilities such as re-roofing; re-surfacing roads; or gardening, plowing and similar agricultural practices that do not involve filling, grading or construction of levees.

    "Flood" means a general and temporary condition of inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

    "Floodway" means that portion of the SFHA required to store and convey the base flood. The floodway for the SFHAs of the Mississippi River and Carr and Palmer Creeks shall be as delineated on the Flood Insurance Rate Map applicable to the city. The floodway for each of the remaining SFHAs of the city shall be according to the best data available to the Illinois State Water Survey Floodplain Information Repository.

    "FPE" or "flood protection elevation" means the elevation of the base flood plus one foot at any given location in the SFHA.

    "Riverine SFHA" means any SFHA subject to flooding from a river, creek, intermittent stream, ditch or any other identified channel. This term does not include areas subject to flooding from lakes (except public bodies of water), ponding areas, areas of sheet flow, or other areas not subject to overbank flooding.

    "SFHA" or "special flood hazard area" means the lands within the jurisdiction of the city that are subject to inundation by the base flood. The SFHAs of the city are generally identified as such on the Flood Insurance Rate Map of the city prepared by the Federal Emergency Management Agency and dated September 5, 1990. The SFHAs of those parts of unincorporated Monroe County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are generally identified as such on the Flood Insurance Rate Map prepared for Monroe County by the Federal Emergency Management Agency and dated April 5, 1988. (Ord. 819 § 2, 1990)

15.60.020

 

Section 15.60.030    Duties of the building inspector.

    The building inspector, with the advice and counsel of the city engineer when needed, shall be responsible for the general administration and enforcement of this chapter, including but not limited to the following duties:

    A.    Ensure that all development activities with the SFHAs of the jurisdiction of the city meet the requirements of this chapter;

    B.    Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;

    C.    Ensure that construction authorization has been granted by the Illinois Department of Transportation, Division of Water Resources for all development projects subject to Section 15.60.060, and maintain a record of such authorization;

    D.    Maintain a record of the as-built elevation of the lowest floor (including basement) of all buildings subject to Section 15.60.070;

    E.    Maintain a record of the engineer's certificate and the as-built floodproofed elevation of all buildings subject to Section 15.60.070(C);

    F.    Inspect all development projects to ensure they comply with the provisions of this chapter;

    G.    Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this chapter. Submit reports as required for the National Flood Insurance Program;

    H.    Maintain for public inspection and furnish upon request base flood data, SFHA maps, copies of federal or state permit documents and as-built elevation and floodproofing data for all buildings constructed subject to this chapter. (Ord. 819 § 3, 1990)

15.60.030

 

Section 15.60.040    Base flood elevation.

    This chapter's protection standard is the base flood. The best available base flood data are listed below. Whenever a party disagrees with the best available data, the party may finance the detailed engineering study needed to replace existing data with better data and submit it to the State Water Survey.

    A.    The base flood elevation for the SFHAs of the Mississippi River, Carr Creek and Palmer Creek shall be as delineated on the one hundred (100) year flood profiles in the Flood Insurance Study of the city prepared by the Federal Emergency Management Agency and dated September 5, 1990.

    B.    The base flood elevation for each SFHA delineated as an AH zone or AO zone shall be that elevation (or depth) delineated on the Flood Insurance Rate Map of the city.

    C.    The base flood elevation for each of the remaining SFHAs delineated as an A zone on the Flood Insurance Rate Map of the city shall be according to the best data available to the Illinois State Water Survey Floodplain Information Repository. When no base flood elevation exists, the base flood elevation shall be the one hundred (100) year flood depth calculated according to the formulas presented in Depth and Frequency of Floods in Illinois published by the U.S. Geological Survey, 1976.

    D.    The base flood elevation for the SFHAs of those parts of unincorporated Monroe County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city shall be as delineated on the one hundred (100) year flood profiles in the Flood Insurance Study of Monroe County prepared by the Federal Emergency Management Agency and dated April 5, 1988. (Ord. 819 § 4, 1990)

15.60.040

 

Section 15.60.050    Development permit.

    No person, firm, corporation or governmental body not exempted by state law shall commence any development in the SFHA without first obtaining a development permit from the building inspector. The building inspector shall not issue a development permit if the proposed development does not meet the requirements of this chapter.

    A.    The application for a development permit shall be accompanied by drawings of the site, drawn to scale showing property line dimensions; existing grade elevations and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of Section 15.60.070.

    B.    Upon receipt of an application for a development permit, the building official shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown to have been higher than the base flood elevation as of the date of the site's first Flood Insurance Rate Map identification is not located in the SFHA and therefore not subject to the requirements of this chapter. The building official shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first Flood Insurance Rate Map identification.

    C.    The building inspector shall inform the applicant of any and all other local, state and federal permits that may be required for this type of development activity.

    The building inspector shall not issue the development permit unless all required federal and state permits have been obtained. (Ord. 819 § 5, 1990)

15.60.050

 

Section 15.60.060    Preventing increased damages.

    No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety.

    A.    Within the floodway identified on the Flood Insurance Rate Map applicable to Columbia, Illinois, the following standards shall apply:

    1.    Except as provided in subsection A(2) of this section, no development shall be allowed which acting in combination with existing or future similar works, will cause any increase in the base flood elevation. The specific development activities identified in subsection B(2) of this section shall be considered as meeting this requirement.

    2.    No increase in the base flood elevation may be permitted unless:

    a.    The total cumulative effect of the proposeddevelopment, when combined with all other existing and anticipated development, will not increase the base flood elevation more than 1.0 foot for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages;

    b.    A permit has been issued by the Illinois Department of Transportation, Division of Water Resource as required in subsection B(1) of this section; and

    c.    For all projects involving channel modifications or fill (including levees), the city shall submit sufficient data to the Federal Emergency Management Agency to revise the regulatory flood data.

    B.    Within all other riverine SFHAs, the following standards shall apply:

    1.    In addition to the other requirements of this chapter, a development permit for a site located in a floodway (or in a riverine SFHA where no floodway has been identified) shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from the Illinois Department of Transportation, Division of Water Resources, issued pursuant to Illinois Revised Statutes, Chapter 19, Sections 52 et. seq.

    2.    The following activities may be constructed without the individual permit required in subsection B(1) of this section in accordance with Statewide Permits issued by the Illinois Department of Transportation, Division of Water Resources, provided the activities do not involve placement of fill, change of grade, or construction in the normal channel. Such activities must still meet the other requirements of this chapter:

    a.    The construction of wells, septic tanks andunderground utility lines not crossing a lake or stream;

    b.    The construction of light poles, sign posts and similar structures;

    c.    The construction of sidewalks, driveways, athletic fields (excluding fences), patios and similar surfaces which are built at grade;

    d.    The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions and carports;

    e.    The placement of properly anchored buildings not exceeding seventy (70) square feet in size, nor ten feet in any dimension (e.g., animal shelters and tool sheds); and

    f.    The construction of additions to existing buildings which do not increase the first floor area by more than twenty (20) percent, which are located on the upstream or downstream side of the existing building, and which do not extend beyond the sides of the existing building that are parallel to the flow of floodwaters.

    3.    The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than 1.0 foot for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages.

    C.    Public Health Standards in All SFHAs.

    1.    No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants or other hazardous or toxic materials below the FPE unless such materials are stored in a storage tank or floodproofed building constructed according to the requirements of Section 15.60.070(B)(4).

    2.    New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings located below the FPE are watertight. (Ord. 819 § 6, 1990)

15.60.060

 

Section 15.60.070    Protecting buildings.

    A.    In addition to the damage prevention requirements of Section 15.60.060, all buildings to be located in the SFHA shall be protected from flood damage below the FPE. This building protection requirement applies to the following situations:

    1.    Construction or placement of a new building valued at more than one thousand dollars ($1,000.00);

    2.    Structural alterations made to an existing building that increase the floor area by more than twenty (20) percent, or the market value of the building by more than fifty (50) percent;

    3.    Reconstruction or repairs made to a damaged building that are valued at or more than fifty (50) percent of the market value of the building before the damage occurred;

    4.    Installing a manufactured home on a new site or a new manufactured home on an existing site. This chapter does not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and

    5.    Installing a travel trailer on a site for more than one hundred eighty (180) days.

    B.    This building protection requirement may be met by one of the following methods. The building official shall maintain a record of compliance with these building protection standards as required in Section 15.60.030.

    1.    A residential or nonresidential building may be constructed on permanent land fill in accordance with the following:

    a.    The fill shall be placed in layers no greater than one foot deep before compaction.

    b.    The lowest floor (including basement) shall be at or above the FPE. The fill should extend at least ten feet beyond the foundation of the building before sloping below the FPE.

    c.    The fill shall be protected against erosion and scour during flooding by vegetative cover, rip rap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical.

    d.    The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.

    2.    A residential or nonresidential building may be elevated in accordance with the following:

    a.    The building or improvements shall be elevated on crawl space, walls, stilts, piles or other foundation provided:

    i.    The walls have permanent openings no more than one foot above grade; and

    ii.    The walls and floor are not subject to damage by hydrostatic pressures associated with the base flood.

    b.    The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris.

    c.    All areas below the FPE shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing and air conditioning equipment and utility meters shall be located at or above the FPE. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPE.

    3.    Manufactured homes and travel trailers to be installed on a site for more than one hundred eighty (180) days shall be:

    a.    Elevated at or above the FPE in accordance with subsection (B)(1) or (2) of this section; and

    b.    Anchored to resist flotation, collapse or lateral movement by being tied down in accordance with the Rules and Regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to Illinois Revised Statutes, Chapter 111 1/2, Sections 4401-4406.

    4.    Only a nonresidential building may be floodproofed in accordance with the following:

    a.    A registered professional engineer shall certify that the building has been designed so that below the FPE, the structure and attendant utility facilities are watertight and capable of resisting the affects of the base flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impacts from debris or ice.

    b.    Floodproofing measures shall be operable without human intervention and without an outside source of electricity. (Ord. 819 § 7, 1990)

15.60.070

 

Section 15.60.080    Other development requirements.

    The city council shall take into account flood hazards, to the extent that they are known, in all official actions related to land management, use and development.

    A.    New subdivisions, manufactured home parks, annexation agreements, planned unit developments (PUDs) and additions to manufactured home parks and subdivisions shall meet the requirements of Sections 15.60.060 and 15.60.070. Plats or plans for new subdivisions, manufactured home parks, and planned unit developments (PUDs) shall include a signed statement by a registered professional engineer that the plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (Illinois Revised Statutes, Chapter 109, Section 2).

    B.    Proposals for new subdivisions, manufactured home parks, planned unit developments (PUDs) and additions to manufactured home parks and subdivisions shall include base flood elevation data. Where the base flood elevation is not available from an existing study filed with the Illinois State Water Survey, the applicant shall be responsible for calculating the base flood elevation and submitting it to the State Water Survey for review and approval as best available elevation data. (Ord. 819 § 8, 1990)

15.60.080

 

Section 15.60.090    Variances.

    Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the building inspector for a variance. The building inspector shall review the applicant's request for a variance and shall submit its recommendation to the city council. The city council may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.

    A.    No variance shall be granted unless the applicant demonstrates that:

    1.    The development activity cannot be located outside the SFHA;

    2.    An exceptional hardship would result if the variance were not granted;

    3.    The relief requested is the minimum necessary;

    4.    There will be no additional threat to public health or safety or creation of a nuisance;

    5.    There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities or other public facilities; and,

    6.    The provisions of Section 15.60.050(C) are met.

    B.    The building inspector shall notify an applicant in writing that a variance from the requirements of Section 15.60.070 that would lessen the degree of protection to a building will:

    1.    Result in increased premium rates for flood insurance up to amounts that may be as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage;

    2.    Increase the risks to life and property; and

    3.    Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.

    C.    Variances to the building protection requirements of Section 15.60.070 requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places for the Illinois Register of Historic Places may be granted using criteria more permissive than the requirements of subsection A(1) through (5) of this section. (Ord. 819 § 9, 1990)

15.60.090

 

Section 15.60.100    Disclaimer of liability.

    The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by manmade or natural causes. This chapter does not imply that development either inside or outside of the SFHA will be free from flooding or damage. This chapter does not create liability on the part of the city or any officer or employee thereof for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder. (Ord. 819 § 10, 1990)

15.60.100

 

Section 15.60.110    Violation--Penalty.

    Failure to obtain a permit for development in the SFHA or failure to comply with the requirements of a permit or conditions of a variance resolution shall be deemed to be a violation of this chapter. Upon due investigation the building inspector may determine that a violation of the minimum standards of this chapter exist. The building inspector shall notify the owner in writing of such violation.

    A.    If such owner fails after ten days notice to correct the violation:

    1.    The city may make application to the Circuit Court for an injunction requiring conformance with this chapter or make such other order as the court deems necessary to secure compliance with the chapter.

    2.    Any person who violates this chapter shall upon conviction thereof be fined not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00).

    3.    A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

    B.    The building inspector shall inform the owner that any such violation is considered a wilful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.

    C.    Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. (Ord. 819 § 11, 1990)



 

Chapter 15.64

HISTORIC SITE PRESERVATION

Sections:

15.64.009A    Article 1. General Provisions

15.64.010    Purpose.

15.64.020    Definitions.

15.64.029A    Article 2. Columbia Heritage and Preservation Commission

15.64.030    Composition.

15.64.040    Qualifications of members.

15.64.050    Terms of appointment.

15.64.060    Officers.

15.64.070    Meetings.

15.64.080    Powers and duties.

15.64.089A    Article 3. Landmark Designation

15.64.090    Surveys and research.

15.64.100    Criteria.

15.64.110    Procedures.

15.64.119A    Article 4. Historic District Designation

15.64.120    Criteria.

15.64.130    Procedure.

15.64.139A    Article 5. Applications--Certificate of Appropriateness

15.64.140    Applications for nominations of landmarks and historic districts.

15.64.150    Certificate of appropriateness required.

15.64.160    Natural destruction or demolition.

15.64.170    Application for certificate of appropriateness.

15.64.180    Standards for certificate of appropriateness.

15.64.190    Hearing on application for certificate of appropriateness.

15.64.200    Issuance of certificate of appropriateness.

15.64.210    Unreasonable economic hardship--Landmarks and historic districts.

15.64.220    Zoning, landmarks and historic districts.

15.64.230    Emergency procedure.

15.64.240    Fees.

15.64.250    Appeals.

15.64.260    Findings on appeal.

15.64.270    Violation--Penalty.

15.64.280    Waiver of building permit fee.

Section 15.64.009A    Article 1. General Provisions

 

Section 15.64.010    Purpose.

     The purpose of this chapter is to promote the protection, enhancement, perpetuation, and use of improvements of special character or historical interest or value in the interest of the health, prosperity, safety, and welfare of the people of the City of Columbia, Illinois by:

 

        (A)    Providing a mechanism to identify and preserve the historic and architectural characteristics of the City of Columbia, Illinois which represent elements of the City’s cultural, social, economic, political, and architectural history.

 

        (B)    Promoting civic pride in the beauty and noble accomplishments of the past as represented in the City’s landmarks and historic districts.

 

        (C)    Stabilizing and improving the economic vitality and value of the City’s landmarks and historic areas.

 

        (D)    Protecting and enhancing the attractiveness of the City to home buyers, visitors, and shoppers, thereby supporting business, commerce, and industry, and providing economic benefit to the City.

 

        (E)    Fostering and encouraging preservation and restoration of structures, areas, and neighborhoods, and thereby preventing future urban blight.

        

 

     (Ord. 777 § 1 (part), 1989: prior code § 41-1-1)

15.64.010

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.010)

 

Section 15.64.020    Definitions.

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

 

    “ADDITION”.    Any act or process which changes one or more of the exterior architectural features of a structure designated for preservation by adding to, joining with, or increasing the size or capacity of the structure.

 

    “ALTERATION”.    Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.

 

    “AREA”.    A specific geographic division of the City.

 

    “BUILDING”.    Any structure created for the support, shelter, or enclosure of persons, animals, or property of any kind, and which is permanently affixed to the land.

 

    “CERTIFICATE OF APPROPRIATENESS” (“COA”).    A certificate from the Columbia Historic Preservation Commission authorizing plans for alterations, construction, removal, or demolition of a designated     landmark, structure, or site within a designated historic district.

 

    “COMMISSION”.    The Columbia Heritage and Preservation Commission.

 

    “COMMISSIONERS”.    Voting members of the Columbia Heritage and Preservation Commission.

 

    “COUNCIL”.    The City Council of the City of Columbia, Illinois.

 

    “DEMOLITION”.    Any act or process that destroys in part or in whole a designated landmark or a structure or site within a designated historic district.

 

    “DESIGN GUIDELINE”.    A standard or appropriate activity that will preserve the historic and architectural character of a structure or area.

 

    “EXTERIOR ARCHITECTURAL APPEARANCE”.    The architectural and general composition of the exterior of a structure, including, but not limited to, the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs, and appurtenant elements.

 

    “HISTORIC DISTRICT”.    An area designated as a historic district by ordinance of the City Council, which may contain within definable geographic boundaries one or more landmarks, and which may have within its boundaries other properties or structures that, while not of such historic or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district.

 

    “LANDMARK”.    Any building, structure, or site which has been designated as a landmark by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic or architectural significance to the City.

 

    “OWNER OF RECORD”.    The person, corporation, or other legal entity listed as owner on the records of the County Recorder of Deeds.

 

    “REHABILITATION”.    The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.

 

    “REMOVAL”.    Any relocation of a structure on its site or to another site.

 

    “REPAIR”.    Any change that does not require a building permit, that is not construction, relocation, addition, or alteration.

 

    “STRUCTURAL CHANGE”.    Any change or repair in the supporting members of a building, structure, roof, or exterior walls which would expand the building in height, width, or bulk.

 

    “STRUCTURE”.    Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae including supporting towers, swimming pools, satellite dishes, solar panels, and wind generation.

 

    “UNREASONABLE ECONOMIC HARDSHIP”.    The condition whereby failure to issue a requested Building Permit, Demolition Permit, or Sign Permit on a landmark, or an improvement or area within a Historic District, which would amount to a taking of the owner’s property without just compensation or, in the case of low-income owner(s), failure to issue such a permit would place an onerous and excessive financial burden upon such owner(s).

    

 (Ord. 777 § 1 (part), 1989: prior code § 41-1-2)

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.020)

 

Section 15.64.029A    Article 2. Columbia Heritage and Preservation Commission

 

Section 15.64.030    Composition.

     The Columbia Heritage and Preservation Commission (hereinafter referred to as the “Commission” or the “CHPC”) shall consist of nine (9) voting members, residents of the City of Columbia, Illinois, or persons owning real property located in the City of Columbia, Illinois, appointed by the Mayor with the approval of the City Council.  The residency requirement may be waived for not more than three (3) members who, in the opinion of the Mayor and the City Council, possess special knowledge or expertise in historic preservation or local history.

    

 

 (Ord. 1467 § 1 (part), 1996: Ord. 777 § 1 (part), 1989: prior code § 41-2-1)

15.64.030

(Ordinance No. 2482, Repealed & Replaced, 08/07/2006, Repealed Ordinance No. 2437 enacted 02/06/06 entitled "An Ordinance to provide for Preservation of Historic Sites & replaced with Ord. No. 2483 - 08/07/06.; Ordinance No. 2483, Amended, 08/07/2006, Section 15.64.030 Residency requirement waived for not more than three (3) members.; Ord. No. 2437, Amended, 02/06/2006, Section 15.64.030)

 

Section 15.64.040    Qualifications of members.

     The members of the CHPC shall be appointed on the basis of expertise, experience, or interest in the areas of architectural history, building construction or engineering, finance, historical and architectural preservation, neighborhood organization, or real estate (especially as same pertains to Historic Districts in the City).  All members shall be provided with Columbia Historical Society Memberships, however Two (2) members shall be members of the Columbia Historical Society selected by said Columbia Historical Society to represent the Society on the CHPC and the remaining seven (7) Members shall be from the community at large (that is to say, not appointed to the Commission to represent any other special interest group, association, board, commission or society).

 

     (Ord. 777 § 1 (part), 1989: prior code § 41-2-2)

15.64.040

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.040)

 

Section 15.64.050    Terms of appointment.

     Members of the CHPC shall be appointed for terms of two (2) years.  Of those members first taking office, four (4) shall be appointed for one (1) year and five (5) for two (2) years.  Alternate members may be appointed to serve in the absence of, or disqualification of the regular members.  Vacancies shall be filled for the unexpired term only.  Appointments of alternates or to fill vacancies shall be by the Mayor with the approval of the City Council.  Members shall serve without compensation.

 

     (Ord. 1467 § 1 (part), 1996: Ord. 777 § 1 (part), 1989: prior code § 41-2-3)

15.64.050

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.050)

 

Section 15.64.060    Officers.

         (A)    Officers shall consist of a Chairperson, Vice-Chairperson, and a Secretary elected by the Commission, who shall each serve a term of one (1) year and shall be eligible for re-election, but no members shall serve as an officer for more than three (3) consecutive years.

 

        (B)    The duties of the Chairperson shall be (a) to preside over meetings and (b) to disqualify any member for excessive absences.  In the absence of the Chairperson, the Vice-Chairperson shall perform the duties of the Chairperson.  If both are absent, a temporary Chairperson shall be elected by those present.

 

        (C)    The Secretary to the Commission shall have the following duties:

            

            (1)    Take minutes of each Commission meeting.

 

            (2)    Be responsible for publication and distribution of copies of the minutes, reports, and decisions of the Commission to the members of the Commission.

 

            (3)    Give notice as provided herein or by law for all public hearings conducted by the Commission.

 

            (4)    Advise the Mayor of vacancies on the Commission and expiring terms of members.

 

            (5)    Prepare and submit to the City Council a complete record of the proceedings before the Commission on any matter requiring Council consideration.

 

     (Ord. 777 § 1 (part), 1989: prior code § 41-2-4)

15.64.060

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.060)

 

Section 15.64.070    Meetings.

         (A)    A quorum shall consist of a majority of the members.  All decisions or actions of the Commission  shall be made by a majority vote of those members present and voting at any meeting where a quorum exists.

 

        (B)    Meetings shall be held at regularly scheduled times to be established by resolution of the Commission at the beginning of each calendar year, or at any time upon the call of the Chairperson. There shall be a minimum of one (1) meeting per month.

 

        (C)    No member of the Commission shall vote on any matter that may materially or apparently affect the property, income, or business interest of that member.

 

        (D)    No changes to the regulations contained in this Chapter or any other action shall be taken by the Commission that could in any manner deprive or restrict the owner of a property in its use, modification, maintenance, disposition, or demolition until the owner shall first have had the opportunity to be heard at a public hearing to be held by the Commission, as hereinafter provided.  The Chairperson, and in his absence the acting Chairperson, may administer oaths and compel the attendance of witnesses.

 

        (E)    All meetings of the Commission shall be open to the public.  The Commission shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Commission (being the office of the City Clerk, until the Commission may designate otherwise) and shall be a public records.

    

 

     (Ord. 777 § 1 (part), 1989: prior code § 41-2-5)

15.64.070

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.070)

 

Section 15.64.080    Powers and duties.

         The CHPC shall have the following powers and duties:

 

        (A)    To adopt its own procedural regulations.

 

        (B)    To conduct an ongoing survey to identify historically and architecturally significant properties, structures, and areas in the City.

 

        (C)    To investigate and recommend to the City Council the adoption of ordinances designating properties or structures having special historic, community, or architectural value as landmarks.

 

        (D)    To investigate and recommend to the City Council the adoption of ordinances designating areas having special historic, community, or architectural value as historic districts.

 

        (E)    To keep a register of all properties and structures that have been designated as landmarks or historic districts, including all information required for each designation.

 

        (F)    To determine an appropriate system of markers and make recommendations for the design and  implementation of specific markings of the streets and routes leading from one landmark or historic district to another.

 

        (G)    To advise owners of landmarks and property or structures within historic districts on physical and  financial aspects of preservation, renovation, rehabilitation, and reuse, and on procedures for inclusion on the state or national register of historic places.

 

        (H)    To inform and educate the citizens concerning the historic and architectural heritage of the City by publishing appropriate maps, newsletters, brochures, and pamphlets, and by holding programs and seminars.

 

        (I)    To hold public hearings and to review applications for construction, alteration, removal, or demolition affecting proposed or designated landmarks or structures or historic districts, and issue or deny Certificates of Appropriateness for such actions.  Applicants shall be required to submit plans, drawings, elevations, specifications, and other information as may be necessary to make decisions.

 

        (J)    To develop specific guidelines for the alteration, demolition, construction, or removal of landmarks or property and structures within historic districts.

 

        (K)    To review proposed zoning amendments and applications for special use permits or variances that affect proposed or designated landmarks and historic districts.  Such review shall be made prior to the date of the hearing by the City Plan Commission or the Zoning Board of Appeals.

 

        (L)    To administer on behalf of the City any property or full or partial interest in real property, including a conservation right as that term is used in the Illinois Revised Statutes, Chapter 30, Section 401, et. seq., which the City may have or accept as a gift or otherwise, upon designation by the City Council.

 

        (M)    To accept and administer on behalf of the City, upon designation by the City Council, such gifts, grants, and money as may be appropriate for the purpose of this chapter.

 

        (N)    To call upon available City staff members as well as other experts for technical advice.

 

        (O)    To testify before all boards and commissions, including the City Plan Commission and the Zoning Board of Appeals, on any matter affecting historically and architecturally significant property and landmarks.

 

        (P)    To periodically review the City zoning code and to recommend to the City Plan Commission and the City Council any amendments appropriate for the protection and continued use of landmarks or property and structures within historic districts.

 

        (Q)    To recommend that the Mayor certify this chapter with the Illinois Historic Preservation Agency and with the Secretary of the United States Department of the Interior, in order to qualify Historic Structures under the Federal “Economic Recovery Tax Act of 1981”, Sections 212 and 214 and under the Illinois “Revenue Act of 1939”, as amended.

 

        (R)    To maintain a registry of historic sites.

    

 

         (Ord. 777 § 1 (part), 1989: prior code § 41-2-5)

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.080)

 

Section 15.64.089A    Article 3. Landmark Designation

 

Section 15.64.090    Surveys and research.

         (A)    The CHPC shall undertake an ongoing survey and research effort in the City to identify neighborhoods, areas, sites, structures, and objects that have historic, community, architectural, or aesthetic importance, interest, or value.  As part of the survey, the Commission shall review and evaluate any prior surveys and studies by any unit of government or private organization, and compile appropriate descriptions, facts, and photographs.

 

        (B)    The Commission shall identify potential landmarks and adopt procedures to nominate them in groups based upon the following criteria:

            

            (1)    The potential landmark is one identifiable neighborhood or district geographical area of the City.

 

            (2)    The potential landmarks associated with a particular person, event, or historical period.

 

            (3)    The potential landmarks of a particular architectural style or school, or of a particular architect, engineer, builder, designer, or craftsman.

 

            (4)    Such other criteria as may be adopted by the Commission to assure systematic survey and nomination of all potential landmarks within the City.

 

         (Ord. 777 § 1 (part), 1989: prior code § 41-3-1)

15.64.090

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.090)

 

Section 15.64.100    Criteria.

    (A)    Nominations shall be made to the CHPC on a form provided by the Commission.  A filing fee may be required.

 

      (B)    The Commission shall, upon investigation as it deems necessary, make a preliminary determination as to whether a property, structure, or area possesses the integrity of design, workmanship, materials, location, setting, and feeling, and meets one or more of the following criteria:

 

            (1)    Significant value as part of the historic heritage or cultural characteristics of the community, county, state or nation.

 

            (2)    Identification with a person or persons who significantly contributed to the development of  the community, county, state, or country.

 

            (3)    Representative of the distinguishing characteristics of architecture inherently valuable for the study of a period, type, method of construction, or use of indigenous materials.

 

            (4)    Notable work of a master builder, designer, architect, or artist, whose individual work has influenced the development of the community, county, state, or country.

 

            (5)    Unique location or singular physical characteristics that make it an established or familiar visual feature.

 

            (6)    Character as a particularly fine or unique example of a utilitarian structure, including, but not limited to, farmhouses, gas stations, or other commercial structures, with a high level of integrity or architectural significance.

 

            (7)    An area that has yielded or may be likely to yield, information important in history or prehistory.

 

        (C)    A preliminary determination as to whether a property, structure, or area meets one or more of the foregoing criteria shall be made within fifteen (15) days of the filing of a nomination with the Commission.



         (Ord. 777 § 1 (part), 1989: prior code § 41-3-2)

15.64.100

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.100)

 

Section 15.64.110    Procedures.

    (A)    The CHPC shall schedule a public hearing within sixty (60) days after the filing of an application to the City Council.

 

            (1)    Any person, group of persons, or association, including, but not limited to, the Commission, may request a historic landmark designation by the City Council for any structure, building, or site, or part thereof, within the boundaries of the City, which may have historic or architectural significance as defined by this Chapter.  The City Clerk shall supply, upon request, the application forms.  Completed forms shall be submitted to the City Council. Forms shall be forwarded to the Commission for its consideration and recommendation.

 

            (2)    Notice of date, time, place, and purpose of the public hearing shall be sent by mail to owners of record and to the nominators as well as to the adjoining property owners, not less than fifteen (15) nor more than thirty (30) days prior to the date of the hearing.  A public notice also shall be published in a newspaper having general circulation in the City.  The notice shall state the location of the property and summarize how the proposed landmark meets the criteria set forth in Section 41-3-2 hereof.

 

            (3)    Upon receipt of the application, the Secretary of the Commission shall schedule a public hearing, to be held within forty five (45) days after preliminary approval of the application.

 

            (4)    During the public hearing, the Commission shall review and evaluate the application according to the criteria established by this chapter.

 

            (5)    If the CHPC finds at the time that the application merits further consideration, then the Commission may table the request until its next regularly scheduled meeting.

 

            (6)    A Certificate of Appropriateness (COA) shall be required for alteration, construction, removal, or demolition of a proposed landmark, from the date when the nomination form is presented to the Commission until the final disposition of the request.

 

        (B)    A decision shall be made within thirty (30) days following the date of the closing of the public hearing.

 

            (1)    Following the public hearing, the Secretary of the Commission shall prepare the Commission’s evaluation, recommendation, and all available information for submission to the City Council within thirty (30) days.

 

            (2)    If the Commission decides that the landmark should be designated, it shall do so by a resolution passed by a majority of the Commission.

 

            (3)    The owners of record shall be notified promptly by a letter containing information of the Commission’s decision.

 

            (4)    A simple majority vote by the City Council is necessary for approval of a landmark designation.  If the City Council approves the application for a designation, a notice will be sent to the property owner, the CHPC, the Building Inspector, and the City Clerk, and recorded with the County Recorder of Deeds.  If the City Council denies the petition, no petitioner or applicant can refile with the City Council for ninety (90) days.

 

            (5)    Buildings designated as historic landmarks shall be subject to issuance of Certificates of  Appropriateness.

 

        (Ord. 777 § 1 (part), 1989: prior code § 41-3-3)

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.110)

 

Section 15.64.119A    Article 4. Historic District Designation

 

Section 15.64.120    Criteria.

      (A)    Nominations shall be made to the City Council, with the advice and recommendations of the Commission, on a form to be provided by the City Clerk.  A filing fee may be required.

 

        (B)    The following criteria shall be utilized by the Commission in making its recommendations to the City Council and by the City Council in making its decision on nominations for designation of historic districts:

 

            (1)    The historic district contains one or more landmarks along with such other buildings, places or areas within its definable geographic boundaries which, while not of such historic significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located in the district.

 

            (2)    The district contains a significant number of structures meeting any of the standards of Section 41-3-2(B).

 

            (3)    The district establishes a sense of time and place unique to the City of Columbia.

 

            (4)    The district exemplifies or reflects the cultural, social, economic, political, or architectural history of the nation, the state, or the City.

 

        (C)    A preliminary determination as to whether a district or an area meets one or more of the foregoing criteria shall be made within sixty (60) days of the filing of a nomination with the Commission.

 

 (Ord. 777 § 1 (part), 1989: prior code § 41-4-1)

15.64.120

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.120)

 

Section 15.64.130    Procedure.

         (A)    Any person, group of persons, or association, including but not limited to, the CHPC, may present to the City Council a petition requesting that a defined geographic area be designated as a historic district.  The City Clerk shall supply, upon request, the application Forms. Completed forms shall be submitted to the City Council which shall forward them to the Commission for its consideration and recommendations.

 

                (1)    The petition shall contain the names of no less than fifty-one percent (51%) of the property owners; or, if leaseholders, with a five (5) year or longer leasehold interest, are signatories to the petition, then the petition shall contain no less than fifty-one percent (51%) of the property owners and leaseholders.

 

                (2)    Upon receipt of the application, the Secretary of the Commission shall schedule a public hearing to be held within thirty (30) days after preliminary approval of the application.

 

                (3)    Notice of date, time, place, and purpose of the public hearing shall be sent by mail to owners of record and to the nominators as well as to the adjoining property owners, not less than fifteen (15) nor more than thirty (30) days prior to the date of the hearing.  A public notice also shall be published in a newspaper having general circulation in the City.  The notice shall state the location of the property and include a statement summarizing how the proposed district meets the criteria set forth in Section 41-4-1 of this Chapter.

 

                (4)    During the public hearing, the Commission shall review and evaluate the application  according to the criteria established by this Chapter.

 

                (5)    If the Commission finds at the time that the application merits further consideration, then the Commission may table the request until its next regularly scheduled meeting.

 

            (B)    A decision shall be made within thirty (30) days following the date of the closing of the public hearing.

 

                (1)    Following the public hearing, the Secretary of the Commission shall prepare the Commission’s evaluation, recommendation, and all available information for submission to the City Council within thirty (30) days.

 

                (2)    If the Commission decides that the proposed historic district should be designated, it shall do so by a resolution passed by a majority of the Commission.

 

                (3)    The owners of record shall be notified promptly by a letter containing information of the Commission’s decision.

 

                (4)    A simple majority vote of the City Council is necessary for approval of a historic district designation.  If the City Council approves the application for designation, a notice will be sent to the property owner, the Commission, the Building Inspector, and the City Clerk, and recorded with the County Recorder of Deeds, that the area has been designated as such, and that building located within the boundaries of the historic district shall be subject to issuance of Certificates of Appropriateness.  If the City Council denies the petition, no petitioner can refile for historic district designation to the City Council for ninety (90) days.

 

 (Ord. 777 § 1 (part), 1989: prior code § 41-4-2)

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.130)

 

Section 15.64.139A    Article 5. Applications--Certificate of Appropriateness

 

Section 15.64.140    Applications for nominations of landmarks and historic districts.

         APPLICATIONS FOR NOMINATIONS OF LANDMARKS AND HISTORIC DISTRICTS.    Any  person, group of persons, or association, or the Commission may apply to the City Council for the designation of a landmark or historic district.  Applications for a nomination shall be filed with the City Clerk.  Persons wishing guidance or advice prior to completing an application may contact the City Clerk.  At a minimum, the application shall include the following:

 

        (A)    For a landmark:

 

            (1)    The name and address of the property owner.

 

            (2)    The legal description and common street address of the property.

 

            (3)    A written statement describing the property and setting forth reasons in support of the proposed designation.

 

            (4)    Documentation that the property owner has been notified or consents to the application for designation.

 

            (5)    A list of significant exterior architectural features that should be protected.

 

            (6)    An overall site plan and photographs of the landmark.  The plan shall also include a front, Side, and rear elevation drawing.

 

        (B)    For an historic district:

 

            (1)    The names and addresses of the property owners.

 

            (2)    A map delineating the boundaries of the area to be designated.

 

            (3)    A written statement describing the area and properties within the proposed historic district, and setting forth reasons in support of the proposed designation.

 

            (4)    A list and photographs of significant exterior architectural features of all properties in the district that should be protected.

 

 (Ord. 777 § 1 (part), 1989: prior code § 41-5-1)

15.64.140

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.140)

 

Section 15.64.150    Certificate of appropriateness required.

      (A)    A COA issued by the CHPC shall be required before any alteration in the current design or materials of any designated historic landmark or any building, structure, or site, or part thereof, in a designated historic district, when such alteration would be visible from a public right-of-way (including alleys).  Even alterations from current condition intended to return a structure to its original or historic condition shall require a COA.

  

        (B)    A COA shall not replace, and must be obtained in addition to, all other applicable City permits such as building or demolition permits and zoning clearances.

 

        (C)    An exception to the COA requirement shall be made if the applicant shows to the Commission that a failure to grant the permit will cause an imminent threat to life, health, or property.

 

        (D)    A COA shall not be required for ordinary maintenance when such maintenance does not result in a change in the design or materials of the building, structure, or site being maintained.

 

(E)        A COA is required for landscaping only if one of the following is true:

 

a.       Another City permit is required (such as landscaping required by zoning for parking lots); or

b.      A tree greater than 14 inches in diameter is to be cut down (trees of that size have existed long enough to be considered important elements of the overall environment of a landmark or historic district, and hence are worth protecting); excepting that

c.       Governing bodies of cemeteries in the City of Columbia are authorized to make decisions concerning the preservation and removal of any or all trees in their respective cemeteries without requiring a COA (the primary historical assets of any cemetery are the grave markers that bear witness to our predecessors, and while trees, particularly Cedar trees, are part of the iconography of historic cemeteries they can become the implement of destruction to the primary assets of the cemetery.)

 (Ord. 1527 § 1, 1996: prior code § 41-5-2)

15.64.150

(Ordinance No. 2922, Amended, 01/03/2012, Amended Ch. 15.64 Historic Site Preservation, Section 15.64.150 (E); under b. added "excepting that" and added item c. ; Ordinance No. 2900, Added, 10/17/2011, Added item (E) with a. and b. under 15.64.150 Certificate of Appropriateness Required; Ord. No. 2437, Amended, 02/06/2006, Section 15.64.150)

 

Section 15.64.160    Natural destruction or demolition.

      (A)    In the case of partial or complete natural destruction or demolition of a site within a historic preservation district, or of a landmark, the owner will be required to obtain a COA from the Commission prior to reconstruction.

 

        (B)    Although exact duplication of the previous structure may not be required, the exterior design of the property shall be in harmony with:

 

            (1)    The exterior design of the structure prior to damage;

 

            (2)    The character of the historic preservation district.

 

 (Ord. 777 § 1 (part), 1989: prior code § 41-5-3)

15.64.160

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.160)

 

Section 15.64.170    Application for certificate of appropriateness.

      (A)    Every application for a demolition permit or a building permit, including plans and specifications, shall be forwarded by the Building Inspector to the CHPC within fifteen (15) days following receipt of the application by the Building Inspector.

 

        (B)    The application for issuance of a COA must include:

 

            (1)    The street address of the property involved.

 

            (2)    The legal description of the property involved.

 

            (3)    A brief description of the present improvements situated on the property.

 

            (4)    A detailed description of the construction, alteration, demolition, or use proposed, together with any architect drawings or sketches if those services have been utilized by the applicant, and if not, a sufficient description of the construction, alteration, demolition, and use to enable anyone to determine what the final appearance and use of the real estate will be.

 

            (5)    The owner’s name.

 

            (6)    The developer’s name, if different that owner.

 

            (7)    The architect’s name, if any.

 

            (8)    A filing fee is required.

 

(Ord. 777 § 1 (part), 1989: prior code § 41-5-4)

15.64.170

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.170)

 

Section 15.64.180    Standards for certificate of appropriateness.

     The Columbia Historic Preservation Commission applies general standards derived from the Secretary of the Interior’s Standards for Rehabilitation, adopted and supplemented by local standards, to fit specific situations encountered in Columbia.  The key to successful rehabilitation is in maintaining characteristic details and the historic fabric of the structure. 

 

The decision to approve or deny an application for a COA shall include, but not be limited to, the following considerations:

 

        (A)    A reasonable effort shall be made to use a building, structure, or site for its originally intended purpose, or for a purpose requiring minimum alteration to the premises.

(B)        When introducing new exterior elements, materials equivalent to those already existing on the structure should be used. 

(C)        Buildings should not be made to look either older or newer than they really are by using details from another style or period. 

(D)        Original materials or details should not be removed from a building when they can be repaired. 

(E)         The distinctive historic and architectural character of a building should be retained through regular maintenance and repair.

 

The compatibility of proposed new additions or construction to the original architecture of the landmark or styles within the historic district shall be evaluated against these guidelines and subsidiary considerations as developed by the Commission.

 

The focus of design guidelines for new construction is on ensuring the compatibility of the new with what already exists in the immediate vicinity.  These design guidelines are not intended to dictate style but to set up criteria under which any new designs can be objectively compared with the setting of the particular historical district.  It is strongly recommended that owners of buildings consult with the Columbia Historical Preservation Commission in the early planning stages of a new construction project.

 

New construction should be compatible with existing structures in the immediate area in the following ways:

 

(A)        Size, height, and setback of structures. 

(B)         Relationship of the structure to the open space between it and neighboring structures. 

(C)        Exterior features, such as window sill or header lines, the proportion of window and door openings to the overall façade, and the horizontal or vertical emphasis of major building elements; and 

(D)        Building materials.

 

Demolition of historical buildings irreversibly alters the character of the individual site, streetscape, building or district grouping.  Demolition of buildings and structures in historical districts or of landmark structures should be a last alternative when all other avenues of protecting historic buildings and structures have been exhausted.

 

Demolition is not permitted within historical districts or on historic sites unless one of the following conditions exist:

 

(a)    The demolition request is for an inappropriate addition, a nonsignificant portion of a building, or nonsignificant accessory structure, provided the demolition will not adversely affect those parts of a building or buildings which are significant, as determined by the Columbia Historical Preservation Commission; or

 

(b)    The demolition request is for a noncontributing building and the demolition is required by the public safety because of an unsafe or dangerous condition; or

 

(c)    The building official of the City of Columbia certifies that the demolition is required by public safety because of an unsafe or dangerous condition; or

 

(d)    The property owner shows that failure to allow demolition would create an unreasonable economic hardship as defined in Section 15.64.020 of this Chapter of this Code; or

 

(e)    The property owner shows that no reasonable economic return may be gained from the property.

 

Any vacant lots within a historic district should be sodded or seeded with grass, and the grass kept cut to acceptable standards for a residential neighborhood.

 

(Ord. 1527 § 2, 1996: prior code § 41-5-5)

15.64.180

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.180)

 

Section 15.64.190    Hearing on application for certificate of appropriateness.

(A)       Applications for a COA shall be available from the City Clerk.  Applications shall be completed and submitted to the City Clerk, which shall forward them to the CHPC. The Commission shall schedule a public hearing for consideration of the application within fifteen (15) days of receipt of the application.  A public notice for consideration of the application shall be published no less than fifteen (15) days nor more than thirty (30) days before a hearing, in a newspaper of general circulation published in the City.

 

(B)    If the CHPC finds at the time that the application merits further consideration, then the Commission may table the request until its next regularly scheduled meeting.

 

 (Ord. 777 § 1 (part), 1989: prior code § 41-5-6)

15.64.190

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.190)

 

Section 15.64.200    Issuance of certificate of appropriateness.

(A)    The CHPC shall notify the applicant of their decision within five (5) days after the public meeting.  Upon approval of the application, the Commission shall issue a signed COA to the applicant, with copies forwarded to the Building Commissioner / Ordinance Administrator and the City Council.  If the application for COA is denied by the Commission, the applicant can request appeal in accordance with the provisions of Sections 15.64.250 and 15.64.260 of this chapter.

 

(B)    A COA shall be invalid if changes in the plans reviewed by the Commission are necessary in obtaining the building permit, or if the building permit issued for the same work becomes invalid.  The COA remains valid for the same period of validity as the building permit.

 

(Ord. 777 § 1 (part), 1989: prior code § 41-5-7) 15.64.200

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.200)

 

Section 15.64.210    Unreasonable economic hardship--Landmarks and historic districts.

(A)    If, notwithstanding a proposed construction, alteration, removal or demolition may be inconsistent with the criteria of this chapter, failure to grant a COA will involve an unreasonable economic hardship to the applicant, the Commission may grant the COA to allow the performance of work which otherwise would be denied upon its findings that there will not be a substantial detriment to the public welfare nor substantial derogation from the purposes of this chapter.

 

(B)    In order to enable the Commission to determine Unreasonable Economic Hardship, the applicant shall at the time of the public hearing or meeting at which the application for a COA is considered, produce all relevant information in affidavit form including:

 

(1)    Amount paid for property and date of purchase;

 

(2)    Recent assessed value, real estate taxes, annual debt service, appraisals obtained in previous years;

 

(3)    Listing of offers to sell or rent the property and any offers received to purchase or rent the property;

 

(4)    Financial information relating to income and expenses on the property over a period of at least five (5) years pending the year of application;

 

(5)    Any additional information which fully explains the economic hardship which would result from denial of the COA for the permit.

 

(C)    If the Commission finds that a proposed construction, alteration, removal or demolition is inconsistent with the criteria of this chapter and issuance of a COA would cause substantial detriment to the public welfare or substantial derogation from the purposes of this chapter, but that denial of the permit would cause an economic hardship for the applicant, the Commission may order a postponement of any action on the application for a period not to exceed six (6) months.  During this period, the Commission shall investigate alternatives to provide for a reasonable beneficial use or a reasonable economic return, or to otherwise preserve the subject property and improvements.  If, by the end of the six (6) month period, the Commission has found what without approval of the proposed work, the property and improvements cannot be put to a reasonable beneficial use or the owner cannot obtain any reasonable economic return, the Commission shall grant the COA for the proposed work.  In case a COA is denied, the applicant may, within fifteen (15) working days, appeal the Commission’s decision to the City Council.  The City Council may affirm, modify or reject the decision, after due consideration of the facts contained in the record submitted to the City Council by the Commission.

 

(D)    When granting a COA under this section the Commission shall indicate the reasons for issuance, and may prescribe any conditions or limitations that are necessary to minimize the adverse impact of the requested construction, alteration, removal or demolition.

 

(Ord. 777 § 1 (part), 1989: prior code § 41-5-8)

15.64.210

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.210)

 

Section 15.64.220    Zoning, landmarks and historic districts.

     Whenever an application or petition for a zoning map amendment or bulk area variance is submitted to the City’s Plan Commission or a special use permit application is submitted to the City’s Zoning Board of Appeals or other change is submitted to the appropriate municipal Board for property which is a Landmark or which is within a Historic District in the City, a notice of any public hearing to be held on the application by the Board shall be sent to the CHPC with a copy of the application for the proposed change.  The Commission may submit comments, requests and recommendations to the subject Board for its consideration at the hearing.

 

(Ord. 777 § 1 (part), 1989: prior code § 41-5-9)

15.64.220

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.220)

 

Section 15.64.230    Emergency procedure.

    

(A)    Whenever the City Council is to consider a resolution or ordinance that would declare a building or structure as unsafe and dangerous, the City Council shall immediately give notice of the pending resolution or ordinance to the Chairman of the Commission.  In the event that a Landmark or Historic structure is to be considered by said resolution or ordinance as unsafe or dangerous, the Chairman shall convene a special meeting of the Commission to review the proposed resolution or ordinance and to make recommendations to the City Council prior to final action on the resolution or ordinance by the City Council.

 

(B)    In the event that a Landmark or Historic structure is determined by the City Council to constitute an imminent threat to the safety of life, health or property, immediate repairs necessary to render the building or structure safe, including demolition, may be undertaken without review by the Commission.

 

 (Ord. 777 § 1 (part), 1989: prior code § 41-5-10)

15.64.230

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.230)

 

Section 15.64.240    Fees.

        The CHPC may establish an appropriate system of processing fees for the review of nominations and Certificates of Appropriateness.  Such fees will be as indicated in the City’s annual fee ordinance as per Title 18 of the Columbia Municipal Code.

 

(Amended during 1997 codification; prior code § 41-5-11)

15.64.240

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.240)

 

Section 15.64.250    Appeals.

     (A)    In the event of a denial of an application for a COA, the CHPC shall notify the applicant in writing of the disapproval and the reasons therefore, and shall recommend changes, if any, in the proposed action that would cause the Commission to reconsider its denial.

 

      (B)    Within fifteen (15) days of receipt of the notification of disapproval, the applicant may     resubmit an amended application that takes into consideration the recommendations of the CHPC. The application shall be considered to be withdrawn if no written modification or Request for public hearing is received.  Within fifteen (15) days of receipt of a written modification, the Commission must either issue the COA or hold a hearing.  

 

(Ord. 777 § 1 (part), 1989: prior code § 41-5-12)

15.64.250

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.250)

 

Section 15.64.260    Findings on appeal.

(A)    The CHPC shall select a reasonable time and place for the hearing of the appeal, and give due notice thereof to the applicant by mailing notice of the hearing, this mailing to be made at least ten (10) days prior to the date of hearing.

 

(B)    Notice of the time and place of the public hearing shall be published at least once, not less than fifteen (15) days nor more than thirty (30) days before the hearing, in a newspaper of general circulation published in the City.

 

(C)    The Chairperson shall conduct the hearing.  The Commission and the applicant shall have the right to introduce evidence and cross-examine witnesses.  A recorded or written transcript of the hearing shall be made and kept.

 

(D)    The Commission shall vote, announce its decision, make its recommendations, and notify the Building Inspector, City Council and the applicant within five (5) days after the conclusion of the public hearing, unless the time is extended by mutual agreement between the Commission and the applicant.

 

(E)    In the event of a denial of an application for a COA on appeal by the Commission, the applicant may appeal the decision to the City Council, whose decision in this matter shall be final subject only to judicial review as provided by law.

 

 (Ord. 777 § 1 (part), 1989: prior code § 41-5-13)

15.64.260

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.260)

 

Section 15.64.270    Violation--Penalty.

(A)    The Commission may recommend that the City of Columbia, with the approval of the City Council apply to the Circuit Court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter notwithstanding the existence of other remedies.  Any such injunction may be issued without notice and without bond.

 

    In addition to other remedies provided by law, appropriate action may be instituted to correct a violation of this chapter, including, but not limited to, requiring the restoration of property and improvements to their original appearance prior to the violation.  If a Court shall find that an act or omission was willful, then the Court may, in addition to any compensation, award damages for the sake of example and by the way of punishment.

 

    Any action to recover for such loss, damage or injury may be brought in a Circuit Court of competent jurisdiction by any person or party (to include a corporation, partnership or other legal entity) who is a resident of or owns property in the City of Columbia, Illinois. In every case of a recovery of damages by any person or party under the provisions of this chapter, the plaintiff shall be entitled to a reasonable attorney’s fee to be fixed by the Court, which fee shall be taxed and collected as part of the cost of the case.

 

(B)    Any person who causes the alteration of any Landmark, or any improvement or area within a Historic District, which said alteration requires a permit from the City, and who does so without obtaining a COA from the Commission, upon conviction shall be punished by a fine of not greater than Seven Hundred and Fifty Dollars ($750.00). Each day that a violation exists shall constitute a separate offense.

 

(C)    Any person who causes the demolition of any Landmark, or any improvement or area within a Historic District, which said demolition requires a permit from the City, and does so without obtaining a COA from the Commission, upon conviction shall be punished by a fine of not greater than Seven Hundred and Fifty Dollars ($750.00).

 

(D)    Any and all monies collected pursuant to the above subsections (B) and (C) of this section shall be deposited in the City Corporate General Fund and may be used and expended for general municipal corporate uses and purposes as the Columbia City Council shall decide.

 

 (Ord. 777 § 1 (part), 1989: prior code § 41-5-14)

(Ord. No. 2437, Amended, 02/06/2006, Section 15.64.270)

 

Section 15.64.280    Waiver of building permit fee.

    Waiver of the building permit fee required by Section 15.04.020 of Chapter 15.04 of this code may be granted by the City Council for accurate restoration or authentic recreation of a historically significant building or historically significant other structure, which building or structure satisfies one or more of the criteria established by Section 15.64.100 of Chapter 15.64 of this code governing historic site preservation, provided the City's Building Commissioner determines the proposed construction is an accurate restoration or authentic recreation of a historically significant building or historically significant other structure that exists or heretofore existed on the proposed site.  The Building Commissioner shall require the applicant to provide such documentation as the building commissioner reasonably deems necessary to validate the claim of historic significance of the subject building or structure.  

 

    Building permit fees shall not be waived for new construction which lacks sufficient proof the construction involves an accurate restoration or authentic recreation of a historically significant building or historically significant other structure, including failure to provide the required documentation to establish historic significance.  Building permit fees shall not be waived for remodeling or erecting additions to historically significant buildings or historically significant other structures or for rehabilitation of historically significant buildings or historically significant structures which do not result in authentic restoration of the building or structure.  

(15.64.280 (Ord. 2146), Added, 02/17/2003)



 

Chapter 15.66

ARCHITECTURAL REVIEW BOARD

Sections:

15.66.010    Establishment of Architectural Review Board.

15.66.020    Purpose of the Architectural Review Board.

15.66.030    Jurisdictional Boundaries.

15.66.040    Board Membership.

15.66.050    Board Composition.

15.66.060    Organization.

15.66.070    Meetings.

15.66.080    Review of Building Permit Applications.

15.66.090    Review Procedure.

15.66.100    Building Permit Issuance.

Section 15.66.010    Establishment of Architectural Review Board.

    An architectural review board (the “board” or “architectural review board”) is hereby established for the purpose of promoting high standards of architectural design and appearance for buildings and structures located in the city in order to promote the general welfare and stability of property values in the city.  By virtue of the enactment of this chapter of this municipal code (this “code” or the “architectural review board code”), buildings and structures under the jurisdiction of this code which are located in the city shall be required to conform to certain minimum architectural standards of appearance, design and community conformity.  It shall be the responsibility of the architectural review board to review and approve the exterior design and construction of buildings and structures under the jurisdiction of the board and located in the city, in order to avoid and prevent the existence of unsightly, grotesque and unsuitable buildings and structures being allowed to exist in the city which are aesthetically offensive and detrimental to property values in the neighborhood where they are located.  By this enactment it is further intended that the community welfare will be promoted and an appropriate development standard will be fostered and encouraged in the community.

(15.66.010, Added, 03/07/2005, Establishment of Architectural Review Board.)

 

Section 15.66.020    Purpose of the Architectural Review Board.

    The purpose of the architectural review board shall be to develop broad architectural design guidelines which developers and individuals will be required to comply with for new construction, rehabilitation and restoration of buildings and structures in the city.  The board will be required to review building plans, elevation studies and other required submittals in connection with the issuance of building permits for new construction, exterior renovations and building and structure additions as is required by this code.  The board shall pay special attention to insuring adherence to visual integrity in the building development in residential and commercial zoned areas in the city, and to protection of the city’s architectural heritage.

(15.66.020, Added, 04/18/2005, Purpose of the Architectural Review Board ; 15.66.020, Added, 03/07/2005, Purpose of the Architectural Review Board.)

 

Section 15.66.030    Jurisdictional Boundaries.

    All real estate development within the city shall be required to comply with the requirements of this code, except for subdivisions the final subdivision plats for which were approved by the City Council after 1950.  For historic buildings rehabilitation, the Secretary of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” shall establish the general guidelines to be followed by the board concerning landmarks and older buildings in a “historic district” in the city.

(15.66.030, Added, 03/07/2005, Jurisdictional Boundaries.)

 

Section 15.66.040    Board Membership.

    The architectural review board shall be comprised of seven (7) members.  Each member should be appointed by the Mayor, with the approval of the City Council.  Three (3) members of the initial board shall be appointed by the Mayor to serve for a term of three (3) years each.  Two (2) members of the initial board shall be appointed by the Mayor to serve for a term of two (2) years each.  The remaining two (2) members of the initial board shall be appointed by the Mayor to serve for an initial term of one (1) year each. Thereafter, board members appointed to succeed members whose terms of office have expired, shall be appointed by the Mayor to serve for terms of three (3) years each.  Each member shall serve until a successor is appointed and qualified.  In the event of the death, resignation or removal of a board member, a successor board member shall be appointed to serve for the unexpired term of the member whose vacancy in office is being filled.  The board members shall serve at the will of the appointing authority and any member may be removed, without cause, by the Mayor, with the consent of the City Council as is made and provided for in Section 3.1-35-10 of the Illinois Municipal Code (65 ILCS 5/3.1-35-10), as amended.

(15.56.040, Added, 03/07/2005, Board Membership.)

 

Section 15.66.050    Board Composition.

    Board membership shall include:  one (1) architect, one (1) commercial business owner, one (1) contractor, one (1) landscape architect or designer, one (1) structural engineer, one (1) design professional from the field of urban planning, graphic art, industrial design, or a similar field, and one (1) member to be appointed from the community at large.

(15.66.050, Added, 03/07/2005, Board Composition.)

 

Section 15.66.060    Organization.

    At the initial meeting of the Architectural Review Board, and annually thereafter, the board shall elect from its membership a chairman and a vice-chairman.  The vice-chairman of the board shall serve as the chairman of the board in the absence of the chairman.  At the annual meeting of the board, the board chairman and vice-chairman shall be elected to serve for a term of one (1) year each.  A board member shall be appointed by the board chairman to serve as secretary of the board.  The secretary of the board shall keep minutes of the board meetings and proceedings, recording the vote of each member upon all board action requiring the vote of the membership of the board.  The minutes shall also indicate the presence or absence of board members at the board meetings.  An abstention from voting by a board member shall count with the majority who voted for or against any matter requiring the vote of the membership of the board.  The books, records, minute book, other corporate records and the corporate seal, if any, of the board shall be kept and maintained in the office of the City’s City Clerk and shall be public records available for examination by the general public upon proper request.  

(15.66.060 , Added, 03/07/2005, Organization.)

 

Section 15.66.070    Meetings.

    Regular meetings of the board shall be on Tuesdays or Thursdays, at the convenience of the board.

(15.66.070, Added, 03/07/2005, Meetings.)

 

Section 15.66.080    Review of Building Permit Applications.

SECTION 15.66.080 AMENDED BY ORDINANCE NO. 2856 PASSED & APPROVED MARCH 21, 2011 IS HEREBY AMENDED TO READ AS FOLLOWS (NEW VERBIAGE):

 

Application to the Architectural Review Board shall be submitted to the Building Commissioner/Ordinance Administrator (“Building Commissioner’) with detailed wall elevations and wall sections of all exterior walls, building layout plans of sufficient detail showing the scope of the building, a site plan showing the building location and site improvements and pertinent specifications pertaining to the exterior walls of the building.  All submitted documents shall be sealed, stamped and signed by the appropriate professional having responsibility.

 

The application and accompanying submittals shall be submitted by the Building Commissioner to the Architectural Review Board within fifteen (15) days after receipt of the same by the Building Commissioner for the board’s review and recommendation to the City Council.  The board shall review each such application for compliance with the requirements of this code and shall make a recommendation to the City Council, for or against issuance of a building permit, within thirty (30) days after the submittal of the application and all required supporting documents to the board.  Failure of the board to make its recommendation within the time aforesaid shall be deemed approval of the application as submitted and shall be acted upon by the City Council accordingly.  Approval or disapproval of the application by the City Council, with the recommendation of the Architectural Review Board, shall be required before the City’s Building Commissioner shall be authorized to issue a building permit.

 

The Architectural Review Board shall review applications under the board’s jurisdiction, upon the applicant having paid to the City Clerk the non-refundable fee, which fee will be established by the City’s fee ordinance, and the submission of the application, plans, elevation studies, drawings and specifications to the board by the Building Commissioner.  No building permit shall be issued by the Building Commissioner for applications required to be reviewed by the Architectural Review Board until the City Council has made its decision regarding the issuance of the building permit, as is more particularly made and provided for in this code.  As soon as the board has received and reviewed the application and applicable plans, elevation studies, detail drawings and specifications pertaining to the proposed construction, exterior renovation or addition, the board shall promptly make its recommendation regarding the issuance of a building permit to the City Council and within the thirty (30) day period aforesaid.  The Building Commissioner will inform all applicants for which Architectural Review Board review is required of the required review process at the time the application is made.  Exterior construction, renovation or rehabilitation pertaining to buildings designated as landmarks by the Columbia Heritage and Preservation Commission, shall be reviewed by the Architectural Review Board and the City Council before a building permit is issued.  A certificate of appropriateness and recommendation regarding the application will be sent by the Columbia Heritage and Preservation Commission to the Architectural Review Board within fifteen (15) days of the issuance of the certificate of appropriateness by the commission and before the Architectural Review Board will make its recommendation.  For board review of construction, renovation or rehabilitation of landmark buildings and structures in the city, the applicant shall not be required to pay any fee for the board’s review provided the applicant implements the recommendations of the Architectural Review Board regarding the construction, renovation or rehabilitation involved.

           

            SECTION 15.66.080 (BELOW) IS AMENDED BY ORDINANCE NO. 2856 PASSED & APPROVED MARCH 21, 2011 (OLD                     VERBIAGE)

            Every application for a building permit for a building or structure under the jurisdiction of this code, except for alterations and repairs not affecting the exterior appearance of a building or structure, along with the plans, elevations studies and detailed drawings and specifications, shall be submitted by the Building Commissioner/Ordinance Administrator (“Building Commissioner”) to the Architectural Review Board within fifteen (15) days after receipt of the same by the Building Commissioner for the board’s review and recommendation to the City Council.  The board shall review each such application for compliance with the requirements of this code and shall make a recommendation to the City Council, for or against issuance of the building permit, within thirty (30) days after the submittal of the building permit application and all required supporting documents to the board.  Failure of the board to make its recommendation within the time aforesaid shall be deemed approval of the application as submitted and shall be acted upon by the City Council accordingly.  Approval or disapproval of the building permit application by the City Council, with the recommendation of the architectural review board, shall be required before the City’s Building Commissioner shall be authorized to issue the building permit.

 

            The Architectural Review Board shall review building permit applications under the board’s jurisdiction, upon the applicant having paid to the City Clerk the non-refundable fee, which fee