Title 4 – Building Regulations – City of Farmington, IL

Subject	Chapter
Building Code	1
Electrical Code	2
Housing Code	3
Dangerous Buildings	4
Plumbing Code	5
Downtown Historic Preservation District	6
Vacant and Neglected Buildings	7
Sign Regulation	8

Last updated September, 2021.

Chapter 1

Building Code

SECTION:

4-1-1:	Adoption of Building Code
4-1-2:	Applicability of Provisions or Regulations
4-1-3:	Amendments

4-1-1: ADOPTION OF BUILDING CODE:

For the purpose of supplementing the provisions and regulations contained in this Title, and for setting forth minimum standards for buildings and structures, there shall be and hereby is adopted by reference that certain building code known as the 2003 edition of the International Building Code.
There shall be one (1) copy of the International Building Code of 2003 kept on file for public inspection at the office of the City Clerk.

4-1-2 APPLICABILITY OF PROVISIONS OR REGULATIONS:

The adoption of these regulations shall not be construed as preventing the enforcement of, or repealing the provisions of any ordinance, regulation, standard or code adopted by the City which is more restrictive than the provisions of this Article.
In the event any provisions of this Article shall be in conflict with any applicable ordinance, regulation, standard or code adopted by the City, the more restrictive shall be applicable.

4-1-3 AMENDMENTS:

The various sections and tables of the International Building Code of 2003 adopted by this Article shall be revised as follows:
- (a) Building Materials:
  - (i) Metal or steel external siding shall not be permitted as a construction material. The use of metal for roofing material shall be strongly discouraged.
    ORDINANCE 2013-11 (ADOPTED 10/07/13)

Chapter 2

Electrical Code

SECTION:

4-2-1:

Adoption of National Electrical Code (REPEALED)
SEE 4-1-1 UNIFORM BUILDING CODE

4-2-1: ADOPTION OF NATIONAL ELECTRICAL CODE: All electric wiring, installation of electrical fixtures, apparatus, or electrical appliances for furnishing light, heat, or power, o other electrical work introduced into or placed in or upon, or in any way connected to, any building or structure within the limits of this City shall be in conformity without the provisions set forth in the 1964 National Electrical Code, as amended, recommended by the American Insurance Association for electrical wiring and apparatus, which is hereby adopted and incorporated as a part of this Code as fully as if set out at length herein, three (3) copies of said Electrical Code shall at all times be on file in the office of the Clerk. *1 (1969 Code)

REPEALED SEE ORDINANCE 2013-11 (ADOPTED 10/07/13)

S.H.A. Ch. 24, 1-3-2

Chapter 3

Housing Code

SECTION:

4-3-1:	Adoption of Residential Building Code
4-3-2:	Adoption of Chapter 11 of the International Residential Code for One- and Two-Family Dwellings of 2012
4-3-3:	Applicability of Provisions or Regulations
4-3-4:	Amendments

4-3-1: ADOPTION OF RESIDENTIAL BUILDING CODE:

For the purpose of supplementing the provisions and regulations contained in this Title, and for setting forth minimum standards for buildings and structures, there shall be and hereby is adopted by reference that certain building code known as the 2003 edition of the International Residential Code for One- and Two-Family Dwellings.
There shall be one (1) copy of the International Building Code of 2003 kept on file for public inspection at the office of the City Clerk.

4-3-2: ADOPTION OF CHAPTER 11 OF THE INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS OF 2012:

For the purpose of supplementing the provisions and regulations contained in this Title, and for setting forth minimum and maximum standards for residential buildings, as well as the construction of any new building or structure in the State for which a building permit application is received, as required by 20 ILCS 3125, et seq., there shall be and hereby is adopted by reference that certain building code known as the Chapter 11 of the 2012 edition of the International Residential Code for One- and Two-Family Dwellings.
There shall be one (1) copy of Chapter 11 of the 2012 edition of the International Residential Code for One- and Two-Family Dwellings kept on file for public inspection at the office of the City Clerk.

4-3-3: APPLICABILITY OF PROVISIONS OR REGULATIONS:

The adoption of these regulations shall not be construed as preventing the enforcement of, or repealing the provisions of any ordinance, regulation, standard or code adopted by the City which is more restrictive than the provisions of this Article.
In the event any provisions of this Article shall be in conflict with any applicable ordinance, regulation, standard or code adopted by the City, the more restrictive shall be applicable.

4-3-4: AMENDMENTS:

The various sections and tables of the International Building Code of 2003 adopted by this Article shall be revised as follows:
- (a) Building Materials:
  - (i) Metal or steel external siding shall not be permitted as a construction material. The use of metal for roofing material shall be strongly discouraged.
    ORDINANCE 2013-10 (ADOPTED 10/07/13)

Chapter 4

Dangerous Buildings

SECTION:

4-4-1:	Dangerous Buildings Generally
4-4-2:	Definition of Unsafe, Dangerous, or Abandoned Buildings
4-4-3:	Enforcement Powers
4-4-4:	Notice of Unsafe Condition of Buildings; Means of Service
4-4-5:	Lis Pendens
4-4-6:	Placarding of Building or Structure
4-4-7:	Demolition Lien; Personal Judgment
4-4-8:	Nuisance Structures

4-4-1: DANGEROUS BUILDINGS GENERALLY: It shall be unlawful for an owner or agent thereof to keep or maintain any building or structure or part thereof in any unsafe, abandoned, or dangerous condition. The word “building” as used in this article, shall describe any walled or roofed structure including mobile homes, commercial establishments, dwellings, and any accessory structures.

4-4-2: DEFINITION OF UNSAFE, DANGEROUS, OR ABANDONED BUILDINGS: For the purpose of this article, any building or structure which has any of the following defects or is in any of the conditions hereinafter described shall be deemed a “dangerous building” and any conditions hereinafter described shall be deemed unsafe:

(A) Whenever any door, aisle passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic for all persons housed or assembled therein who would be required to or might use such door, aisle, passageway, stairway or other means of exit.

(B) Whenever any portion thereof has been damaged by wind, flood, fire, or by any other cause in such a manner that the structural strength or stability thereof is appreciably less than it was before the catastrophe and is less than the minimum requirements of this article.

(C) Whenever any portion or member or appurtenance thereof is likely to fail or to become detached or dislodged, or to collapse and thereby injure person or damage property.

(D) Whenever any portion thereof settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of new construction.

(E) Whenever any building or structure or any part thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or for other reasons, is likely to partially or completely collapse; or some portion of the foundation or underpinning is likely to fall or give way.

(F) Whenever for any reason whatsoever, the building or structure or any portion thereof is manifestly unsafe for the purpose for which it is used.

(G) Whenever the building or structure has been so damaged by fire, wind, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play in or about the building structure to their danger.

(H) Whenever the building or structure has been so damaged by fire, wind, or flood, or has become do dilapidated or deteriorated as to afford a harbor for trespassers, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful acts.

(I) Whenever a building or structure used or intended to be used for dwelling purposes because of dilapidation, decay, damage, or faulty construction or arrangement is unsanitary or unfit for human habitation and is likely to work injury to the health, safety, or general welfare of those living within.

(J) Whenever a building or structure is infested with rodents, insects, pests, or other vermin; or is likely to cause sickness or disease when so determined by the health inspector of the Fulton County Health Department.

(K) Whenever any building shall become vacant, dilapidated, or open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.

(L) Whenever any unoccupied building or structure is deemed a nuisance and the structure or building has been secured by the owner or his agents by covering up the windows and exists with lumber or materials other than glazing materials for a period of 30 days or more, thereby causing a blighting influence on a neighborhood.

4-4-3: ENFORCEMENT POWERS:

(A) The Corporate Authorities shall have full power to pass any question arising under the provisions of this article, subject to the conditions, modifications, and limitations contained in this Chapter.

(B) The Corporate Authorities are hereby authorized to demolish or repair or cause the demolition or repair of dangerous buildings or uncompleted buildings or abandoned buildings within the territorial limits of the City.

(C) The Corporate Authorities are further authorized, when removing or causing the demolition of a dangerous building, uncompleted building or abandoned building from a lot, to remove all private sidewalks, fences, concrete foundations and driveways located on the lot with such building.

4-4-4: NOTICE OF UNSAFE CONDITION OF BUILDINGS; MEANS OF SERVICE

(A) When a building or structure within the City is found to be a “dangerous building” or contains an unsafe condition, the Corporate Authorities shall issue and mail a notice thereof upon all owners of record or persons having an interest therein as shown by documents recorded in the office of the count recorder of deeds and upon persons in apparent possession of the premises.

(B) The notice shall briefly and concisely specify the conditions and factors of the building or structure, which render it dangerous and unsafe. The notice shall further specify that the owners make the building safe (by complete elimination of any unsafe conditions) or commence demolition at the owners cost within 15 days of such notice. The notice shall further specify that:

Repairs or demolition shall commence no later than 15 days of such notice, and
A date for completion of demolition or repairs.

The date for completion shall be reasonably set it light of the nature of the building, weather conditions, and other related factors. The 15-day time period shall commence upon receipt of the notice.

(C) The notice authorized by this section shall be served by either personal service or by certified mail with return receipt.

(D) Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building, including the lien holders of record is not ascertainable, notice mailed to the person or persons in whose name such real estate was last assessed for general real estate taxes is sufficient notice under this section. In this instance, the 15-day notice shall commence upon the said mailing.

(E) In the event the owner fails to comply with any time period set forth in the notice, the City Attorney is authorized to commence a civil action in the circuit court of the county seeking a court order authorizing demolition or repair of the building or structure subject to the notice provided by this section and to create a lien described in Section 6. It shall not be a defense to this cause of action that the building is boarded up or otherwise enclosed. It further shall not be a defense that the building is put in a safe condition during the pendency of the civil action.

4-4-5: LIS PENDENS: Upon commencement of the civil action set forth in Section 3, a lis pendens designating the property upon which the subject building is located shall be filed with the recorder of deeds. Failure to file or the improper filing of the lis pendens does not, however, effect the civil action for demolition’s. Any person obtaining and recording in such office an interest in the property after such filing may become a party to the civil action only if he intervenes by order of the Court.

4-4-6: PLACARDING OF BUILDING OR STRUCTURE:

(A) Whenever any dwelling or building has been designated a dangerous building or contains unsafe conditions, the Corporate Authorities shall placard the building indicating that the condition is dangerous and unsafe. It shall be unlawful for any person to rent, to cause to rent, to occupy, or allow another to occupy any premises, knowing that such premises has been designated a dangerous building.

(B) It shall be unlawful for any person to remove, cause to remove or cover up in any way any placard designating a building or structure a “dangerous building.” A violation of this section shall be punishable by a fine not less than $100.00 and not more that $500.00.

4-4-7: DEMOLITION LIEN; PERSONAL JUDGMENT:

(A) The cost of demolition or repair incurred by the City, including court costs, attorney’s fees, and other costs related tot he enforcement of this article is recoverable from the owner or owners of the real estate and is a lien thereon, which lien shall be superior to all prior existing liens and encumbrances, except taxes; provided however, that within 60 days after completion of the demolition or repair, the City Attorney shall file a notice of lien for the cost and expense incurred by the City, in the office of the recorder of deeds of the county. Upon payment of such cost of demolition by the owner or any person who has an interest in the property, the lien shall be released by the City Attorney. The City shall have the right, but not the duty, to waive such lien where the cost of demolition is an extreme financial hardship to the owner and where demolition is agreed to, by the owner.

(B) The lien may be enforced by proceeding to foreclose, as in case of mortgages or mechanics liens. Suite to foreclose this lien shall be commenced by the corporation counsel within three years after the date of filing notice of lien.

(C) If payment of the City’s cost of demolition is not paid to the City within 15 days of the filing of the notice of lien, the City Attorney may commence proceedings in the circuit court seeking a personal judgment from the owner of the subject property at the time the complaint for demolition was filed with the circuit clerk in the amount of such costs. The action authorized by this subsection shall be in addition to, and without waiver of, any other remedies.

4-4-8: NUISANCE STRUCTURES:

(A) Any unsafe, dilapidated, or abandoned building, house, barn, or other structure situated within the limits of the City is, and the same is hereby declared to be, a nuisance.

(B) The penalty for maintaining a nuisance shall be a fine not to exceed $500.00 for each offense, and each and every day that such nuisance remains unabated shall constitute a new and separate offense.

Chapter 5

Plumbing Code

SECTION:

4-5-1:

Adoption of Plumbing Code

4-5-1: ADOPTION OF PLUMBING CODE: There is hereby adopted for the purpose of establishing minimum standards or design, materials and workmanship for all plumbing hereafter installed, altered or repaired and to establish methods of procedure within the limits of the of the City that certain Plumbing code known as the “National Plumbing Code”, being particularly the 1968 Copyright Edition thereof, and the whole thereof of which not less than three (3) copies have been and now are filed in the office of the Clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Chapter shall take effect, the provisions thereof shall be controlling in the insulation, alteration or repairing of plumbing. (1969 Code)

Chapter 6

Downtown Historical Preservation District

SECTION:

4-6-1:	District and Sub district Boundaries; Landmark Designation
4-6-2:	General Standards and Criteria Applicable to All Uses
4-6-3:	Design Guidelines
4-6-4:	Certificate of Appropriateness; Scope; Definitions; Exemptions
4-6-5:	Establishment of Special District Advisory Commission (SDAC)
4-6-6:	Powers and Duties of SDAC
4-6-7:	Composition of SDAC
4-6-8:	SDAC Meetings
4-6-9:	Certificate of Appropriateness Application
4-6-10:	Submission, Review and Approval
4-6-11:	SDAC Decision Appeal
4-6-12:	Standards and Guidelines for Review of Application of Certificate of Appropriateness
4-6-13:	Demolition Certificate of Appropriateness
4-6-14:	Relocation Certificate of Appropriateness
4-6-15:	Landmark Status Appeal
4-6-16:	Enforcement and Penalties for Violation
4-6-17:	Certificate of Economic Hardship
4-6-18:	Fees

CHAPTER 6. DOWNTOWN BUSINESS DISTRICT (DBD)

4-6-1: DISTRICT AND SUB DISTRICT BOUNDARIES; LANDMARK DESIGNATION:

The boundaries of the Downtown Business District (DBD) are hereby designated to include that part of the City of Farmington designated on the map attached hereto as Exhibit A and the Farmington Downtown Business District is hereby established within those boundaries. All properties within said Downtown Business District are hereby designated as potential landmarks. Actual landmark status shall be determined by the majority vote of the City Council members then holding office only after a public hearing before the Farmington Special District Advisory Commission (SDAC), with at least thirty days’ notice of the hearing to the owner(s) of any property (ies) being considered for landmark status. The SDAC shall make findings of fact and communicate them and its recommendation to the City Council and the City Council shall review the SDAC findings and recommendations and make its landmark only after such review.

In considering whether to recommend landmark designation for a specific property or area, the SDAC shall consider the following and find that at least two such criteria are satisfied:

Whether the property is an example of the architectural, cultural, economic, historic, social, or other aspect of the heritage of the City of Farmington, State of Illinois, or the United States.
The property’s location as a site of a historic event actually reported on in any newspaper.
The property’s identification with a person or person who contributed to architectural, cultural, economic, historic, social, or other aspect of the development of the City of Farmington, State of Illinois or the United States and who contributed in such a way as to have been so noted or recognized in the news media or books.
The property’s exemplification of an architectural type or style distinguished by innovation, rarity, or overall quality of design, detail, materials, or craftsmanship.
The property’s representation of an architectural, cultural, economic, historic, social, or other theme expressed through distinctive areas, districts, places, buildings, structures, works of art, or other objects that may or may not be contiguous.
The property’s location or distinctive physical appearance or presence representing an established and familiar visual feature of a neighborhood, community or the City of Farmington.

4-6-2: GENERAL STANDARDS AND CRITERIA APPLICABLE TO ALL USES:

General Standards

(a) This ordinance shall not be construed or enforced in such a way as to prevent or inhibit the current use of any property in the Downtown Business District on the date of the establishment of any landmark status for such property by the City Council.

(b) The distinguishing original qualities or character of the building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature shall be prohibited.

(c) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected when dealing with a specific architectural period.

(d) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

(e) Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match as closely as reasonably possible the material being replaced in design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures, although the latter is not strictly prohibited.

(f) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

(g) Every reasonable effort shall be made to protect and preserve historic sites, structures, improvements or resources affected by or adjacent to any project.

(h) New structures or alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.

(i) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

4-6-3: DESIGN GUIDELINES:

(a) The Design Review Guidelines for Downtown C-1 zoning are hereby incorporated by this reference and made mandatory within the Downtown Business District.

(b) Height. The height of any proposed alteration or construction shall be compatible with the style and character of the subject building and with surrounding structures in an historic district.

(c) Relationship of Building Masses and Spaces. The relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.

(d) Scale. The scale of the structure after alteration, construction, or partial demolition should be compatible with its predominant architectural style and character and with the surrounding structures in the historic district contiguous thereto.

4-6-4: CERTIFICATE OF APPROPRIATENESS; SCOPE; DEFINITIONS; EXEMPTIONS:

Unless expressly exempted herein, no permits for new construction, demolition, alteration, repair, signage, or any other physical modifications of a property within the Downtown Business District may be issued by the City without the prior or simultaneous issuance of a Certificate of Appropriateness in accordance with the procedures specified herein.

A “Certificate of Appropriateness” means a certificate issued by the City Administrator after review and recommendation by the Special District Advisory Commission indicating that new construction, alteration, or demolition within the Downtown Business District is in accordance with the standards and requirements of Section 6.

For the purposes of this Section, the following words and terms shall be defined as follows:

“Alteration” means any material change in the external features of any structure, site or improvement in the Downtown Business District.
“Demolition” means the complete or substantial removal or destruction of any site, structure or improvement located within the Downtown Business District.
“Exterior” means the front façade of any structure and any external features visible from public ways, excluding alleys.
“Improvement” means any building, structure, fence, gate, wall, walkway, parking facility, light fixture, bench, fountain, sign, work of art, earth work, or other man-made object constituting a physical betterment of real property.
“Site” means any parcel of real property in the Downtown Business District.
“Structure” means any man-made building or facility designed for use or occupancy in the Downtown Business District.

A “Certificate of Appropriateness” shall not be required in connection with:

Applications for permits not involving any alteration to the exterior features of a structure;
Permits necessary for compliance with a lawful order to the City, including any permit necessary to correct an immediate health or safety problem.

Establishment of Special District Advisory Commission (SDAC): Powers, Duties, Composition, etc.

4-6-5: ESTABLISHMENT OF SDAC:

There is hereby created a Farmington Special District Advisory Commission (SDAC) for the purposes of carrying out the objectives and provisions enumerated in this Chapter and to review and advise the Zoning Board of Appeals and Planning Commission on site plans and zoning proposals in the Downtown Business District and to review and advise the City Council on the issuance of Certificates of Appropriateness in the Downtown Business District.

4-6-6: POWERS AND DUTIES:

The SDAC shall:

Assist and advise the Zoning Board of Appeals, the Planning Commission, the City Council, other City officials and departments and County and State agencies as may be necessary in matters involving the Farmington Downtown Business District and sites, structures, and improvements therein.
Advise owners of property in the Downtown Business District on methods of preservation.
Upon request, review and make recommendations to the Zoning Board of Appeals regarding variations in the Downtown Business District.
Review and make recommendations to the City Administrator on Certificates of Appropriateness in the Downtown Business District.
Promote the preservation of historic sites, improvements and structures in the Downtown Business District and make recommendations to the City Council on methods to accomplish same.
Upon request, review and make recommendations to the Planning Commission regarding special use permits and amendments in the Downtown Business District.

4-6-7: COMPOSITION OF SDAC:

The SDAC shall consist of the members of the City of Farmington Community and Economic Development Commission (CEDC). The term of service of members of the SDAC shall be the same as those of the CEDC, including such partial terms of the CEDC’s current members. One of the members of the SDAC shall be designated by the Mayor as Chairman and shall hold said office until a successor is appointed. A quorum shall be four (4) members of the SDAC. Decisions shall be by majority vote of the members present. A member of the SDAC may not vote on a matter involving property in the Downtown Business District in which said member has a legal or equitable ownership interest.

4-6-8: MEETINGS:

The SDAC shall meet at least four times each calendar year. There shall be a seven (7) day notice of all meetings to be published in a newspaper of general circulation in the City of Farmington, with said notice to state the time and place of the meeting, the purpose of the meeting and a brief description of property or properties under consideration at such meeting. All meetings shall be open to the public at which time a public hearing will be held regarding the properties under consideration. The SDAC may adopt rules and regulations to govern the procedure of such meetings and the proper administration and enforcement of its duties pursuant to this Section. In no event, however, shall more than forty-five (45) days elapse from the date of filing an application under Section 6.5.1 below without the Commission meeting to consider same.

Certificate of Appropriateness: Application, Submission Requirements, Review and Approval Process

4-6-9: APPLICATION:

In conjunction with or prior to the filing of an application for building or other permit, an applicant in the Downtown Business District, pursuant to Section 6.3, shall submit an application for a “Certificate of Appropriateness” on a form provided by the City. The application shall include a written description of the proposed activity and an elevation showing changes to any exterior portions of the structure. In addition, no person shall perform any alteration, construction, demolition, or removal or in any way affect the exterior architectural appearance (including, but not limited to, changing window shapes, types or frames) of any landmark or any property within the Downtown Business District (whether or not a building permit or other permit is required) without first submitting plans and specifications for the work under consideration, and obtaining a Certificate of Appropriateness. Each such application shall be filed with the City Clerk and contain substantially the following information:

Street address of the property involved.
Legal Description of the property involved.
Brief description of the present improvement situated on the property.
Detailed description of the construction, alteration, demolition or use proposed together with any architect drawings and 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 use of the real estate will be.
Owner.
Developer, if different than owner.
Architect.

4-6-10: SUBMISSION, REVIEW AND APPROVAL:

(a) All applications shall be filed with the City Clerk who shall mark the application with the date filed and forward the original to the SDAC Review Subcommittee, retaining a copy for his files. The SDAC Review Subcommittee shall consist of the SDAC Chairman and one other SDAC member appointed by the Chairman. The Subcommittee shall review the application within ten (10) days from its receipt by the City Clerk. If the Subcommittee unanimously finds that the work proposed in the application will not adversely affect any historically or architecturally significant features of the structure or property within the Downtown Business District and is appropriate or consistent with the spirit and purposes of this Ordinance, it shall issue a Certificate of Appropriateness and forward copies to the owner(s) of record and the City Administrator. The Subcommittee shall forward all applications given less than unanimous approval to the full Commission for further action.

(b) The SDAC shall grant the Certificate; deny the Certificate; or grant the Certificate with conditions.

(c) If the application is approved without conditions, a Certificate of Appropriateness shall be issued. Such Certificate shall be issued by the City Administrator within five (5) days of his receipt of written direction from the SDAC.

(d) If the application is approved with conditions, the SDAC shall notify the applicant in writing and shall specify the conditions to be imposed and the reasons therefor in light of the standards and criteria of the Downtown Business District. If the applicant accepts all of the conditions or takes no further action, such approval, with conditions, shall be effective and a Certificate of Appropriateness shall issue. If the applicant notifies the SDAC in writing within thirty (30) days from the date of such approval with conditions of his refusal to accept all of said conditions, the application shall be deemed to be denied. The City Administrator shall be given a copy of all correspondence under this subsection.

(e) If the Certificate is denied, the SDAC shall notify the applicant in writing and shall specify the particulars in which the application is inconsistent with the standards and criteria of the Downtown Business District. A copy of same shall be given to the City Administrator. The applicant may then resubmit the application in such modified form as may overcome the SDAC objection.

4-6-11: APPEALS:

Any person aggrieved by a ruling of the SDAC may appeal the decision as provided in this Section of this Ordinance.

(a) In cases of disapproval accompanied by recommendation, the applicant may be heard again before the Commission if within thirty (30) days from the date of receipt of notice of disapproval of the application he amends his application to conform with the recommendations or makes application for a Certificate of Economic Hardship as provided for in Section 4-6-16 herein. The applicant shall be heard at the next regular meeting of the Commission after receipt of the amended application and the Commission shall approve or disapprove the amended application by resolution passed by a majority of a quorum.

(b) At the request of the applicant, within fifteen (15) days following disapproval of an application, the Commission shall hold a public hearing. The Commission shall also hold a public hearing upon receipt of an application for a Certificate of Economic Hardship pursuant to Section 4-6-17

(c) Notice of the date, time, place and purpose of the public hearing shall be sent by regular mail to the applicant and said notice shall be published in a newspaper of general circulation. The notice shall be sent and published not less than ten (10) days prior to the date of the hearing. The notice shall state the location, including the common street address of the property and a brief description of the proposed alteration for which an application has been made and the differences of opinion between the applicant and the Commission.

(d) At the public hearing the Commission shall take testimony presented by the owner(s) and any other interested parties concerning the effect of the proposed alteration, demolition or removal upon the exterior architectural features and the applicable Review Criteria.

(e) Within fifteen (15) days following completion of the public hearing, the Commission shall issue or deny the Certificate of Appropriateness or Certificate of Economic Hardship and transmit copies of its decision to the applicant.

4-6-12: STANDARDS AND GUIDELINES FOR REVIEW OF APPLICATION OF CERTIFICATE OF APPROPRIATENESS:

In reviewing an application for a Certificate of Appropriateness for the erection, construction, reconstruction, remodeling, exterior alteration or restoration of a building or structure, the SDAC shall consider and make findings of fact on the following:

The exterior architectural features, including all signs, which are subject to public view from a public street, way or place;
The general design, arrangement, texture, material, color and fenestration of the building or structure and the relation of such factors to similar features of buildings or structures in the immediate vicinity of the historic landmarks within the Downtown Business District;
The extent to which the building or structure would be harmonious with or architecturally incompatible with the Downtown Business District;
The extent to which the building or structure will preserve or protect the Downtown Business District;
The extent to which the building or structure will promote the general welfare of the City and all citizens by the preservation and protection of historic places, areas of historic interest in the City and the Downtown Business District;
The extent to which said preservation and protection will promote the general welfare by maintaining and increasing real estate values; generating business; creating new positions; attracting tourists; attracting new residents; encouraging study and interest in American history; stimulating interest and study in architecture and design; educating citizens in American culture and heritage; and making the City a more attractive and desirable place in which to live.
Photographs shall be used whenever possible to establish the true historic appearance of a structure.
The Secretary of the Interior’s Standards for Rehabilitation.
Would the denial of the approval deprive the owner of all reasonable beneficial use or return?

4-6-13: DEMOLITION CERTIFICATE OF APPROPRIATENESS:

In reviewing an application for a Certificate of Appropriateness to demolish a building or structure, the SDAC shall consider and make findings of fact on the following:

Is the building of such architectural or historical interest that its removal would be a detriment to the public interest?
Is the building of such old and unusual or uncommon design, texture, and material that it could not be reproduced or reproduced only with great difficulty?
Would retention of the building help preserve and protect an historical place or the Downtown Business District of the City?
Would retention of the building promote the general welfare by maintaining and increasing real estate values; generating business; creating new positions; attracting tourists; attracting new residents; encouraging study and interest in American history; stimulating interest and study in architecture and design; educating citizens in American culture and heritage; and making the City a more attractive and desirable place in which to live?
Would demolition of the building or structure adversely affect the cohesiveness and historical significance of the Downtown Business District as a whole?
The Secretary of the Interior’s Standards for Rehabilitation.
Would the denial of the demolition approval deprive the owner of all reasonable beneficial use or return?

4-6-14: RELOCATION CERTIFICATE OF APPROPRIATENESS:

In reviewing an application for a Certificate of Appropriateness to relocate a building or structure, the SDAC shall consider and make findings of fact on the following:

Would the proposed relocation have a detrimental effect on the structural soundness of the building or structure?
Would the proposed relocation have a detrimental effect on the historical aspects of other structures and buildings in the Downtown Business District?
Would relocation provide new surroundings that would be harmonious with or incongruous to the historical and architectural aspects of the structure or building?
Would relocation of the building help preserve and protect a historic place or area of historic interest in the City?
Would relocation of the building promote the general welfare by maintaining and increasing real estate values; generating business; creating new positions; attracting tourists; attracting new residents; encouraging study and interest in American history; stimulating interest and study in architecture and design; educating citizens in American culture and heritage; and making the City a more attractive and desirable place in which to live.
The Secretary of the Interior’s Standards for Rehabilitation.
Would the denial of the approval deprive the owner of all reasonable beneficial use or return?

4-6-15: LANDMARK STATUS APPEAL:

A. When a Certificate of Appropriateness is approved or denied for a landmark within a historic district, the applicant or any interested party may, within thirty (30) days, appeal the Commission’s decision to the City Council. The Council may receive comments on the contents of the record but no new matter may be considered by the Council. The City Council may affirm the decision or recommend changes by a majority vote of the Council after due consideration of the facts contained in the record submitted to the Council by the Commission. The Council may overturn the Commission’s decision by a majority vote of a quorum of the Council. If the Council decides that a Certificate of Economic Hardship should be issued, the City Clerk shall notify the applicant and the SDAC within seven (7) days of the Council’s decision and then shall issue the permit within fifteen (15) days.

B. If the Council concurs with the Commission’s decision to declare a property a landmark or not to issue a Certificate of Economic Hardship, the City Clerk shall notify the applicant and the SDAC within seven (7) days, including the applicant’s right to review under the Administrative Review Law and to file for said review with the Circuit Court of Fulton County (or Peoria County where applicable) within thirty-five (35) days after being served with a copy of the Council’s decision.

4-6-16: ENFORCEMENT AND PENALTIES FOR VIOLATION:

Any person who causes the alteration, demolition or removal of any property or structure in the Historic Preservation District without a Certificate of Appropriateness or a Certificate of Economic Hardship shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Fifty Dollars ($50.00), no more than Five Hundred Dollars ($500.00). Every day each such violation shall continue to exist shall constitute a separate violation.

4-6-17: CERTIFICATE OF ECONOMIC HARDSHIP:

Notwithstanding any of the provisions of this Ordinance to the contrary, the Commission may issue a Certificate of Economic Hardship to allow the performance of work for which a Certificate of Appropriateness has been denied.

A. An applicant for a Certificate of Economic Hardship may submit any or all of the following information in order to assist the Commission in making its determination on the application:

The amount paid for the property, the date of purchase and the party from whom purchased (including a description of the relationship, if any, between the owner and the person from whom the property was purchased).
The assessed value of the land and improvements thereon according to the two most recent assessments.
Real estate taxes for the previous two years.
Remaining balance on mortgage, if any, and annual debt service, if any, for the previous two years.
All appraisals obtained within the previous two years by the owner or applicant in connection with this purchase, financing or ownership of the property.
Any listing of the property for sale or rent, price asked and offers received, if any.
Any consideration by the owner as to profitable adaptive uses for the property.
If the property is income-producing, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and annual cash flow before and after debt service, if any, during the same period.
Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other.
Any other information, including the income tax bracket of the owner, applicant or principal investors in the property, reasonably necessary for a determination as to whether the property can be reasonably used or yield a reasonable return to present or future owners.
Would the denial of demolition approval deprive the owner of all reasonable beneficial use or return?

B. If the Commission finds that without approval of the proposed work, the property cannot obtain a reasonable economic return therefrom, then the application shall be delayed for a period not to exceed two (2) months. During this period of delay, the Commission shall investigate plans and make recommendations to the City Council to allow for a reasonably beneficial use or a reasonable economic return, or to otherwise preserve the subject property. Such plans and recommendations may include, but not be limited to: a relaxation of the provisions of the ordinance, a reduction in real property taxes, financial assistance, building code modifications and/or changes in zoning regulations.

C. If, by the end of this two (2)-month period, the Commission has found that without approval of the proposed work, the property cannot be put to a reasonable beneficial use or the owner cannot obtain a reasonable economic return therefrom, then the Commission shall issue a Certificate of Economic Hardship approving the proposed work. If the Commission finds otherwise, it shall deny the application for a Certificate of Economic Hardship.

4-6-18: FEES:

Fees pertaining to application for Certificates of Appropriateness pursuant to Section 6 herein shall be established by action of the City Council from time to time. Such fees shall be paid to the City Clerk who shall give a receipt therefor and account for same at regular intervals to the City Council.

Chapter 7

Vacant and Neglected Buildings

SECTION:

4-7-1:	Scope of Division
4-7-2:	Intent
4-7-3:	Other laws, Codes, Ordinances, and Regulations
4-7-4:	Definitions
4-7-5:	Obligation to Submit Plan
4-7-6:	Notice of Vacancy
4-7-7:	Notice of Public Nuisance
4-7-8:	Other Enforcement
4-7-9:	Vacant Building Plan
4-7-10:	Approval of Plan
4-7-11:	Authority to Modify Plan and Appeal Right
4-7-12:	Standards Governing Zoning Board of Appeals Review
4-7-13:	Decision by City Council
4-7-14:	Failure to Comply with Plan
4-7-15:	Change in Ownership
4-7-16:	Maintenance Standards

4-7-1: SCOPE OF DIVISION:

This section shall apply to all vacant buildings and premises thereof in the City of Farmington now existing or hereafter becoming vacant.

4-7-2: INTENT:

It is in the intent of this section to protect the public health, safety, and welfare by requiring responsible parties to implement a maintenance plan for such buildings to remedy any public nuisance, prevent deterioration, unsightly blight and consequent adverse impact on the value of nearby property.

This section shall be construed liberally and justly to affect its purposes.

4-7-3: OTHER LAWS, CODES, ORDINANCES, AND REGULATIONS:

This Chapter shall not be construed to prevent the enforcement of other laws, codes, ordinances, and regulations which prescribe standards other than are provided herein, and in the event of conflict, the most restrictive shall apply.

4-7-4: DEFINITIONS:

Building means a structure built for the support, shelter, or enclosure of a person’s animals, chattels, or movable property of any kind and which is permanently affixed to the ground.

Exterior property areas mean the open space on the premises and on adjoining property under the control of owners or operators of such premises.

Garbage and rubbish means combustible and noncombustible waste materials, and the term shall include the residue from the burning of wood, coal, and other combustible materials, paper, rags, cartons, boxes, wood, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust and other similar materials.

Maintenance means acts of repair and other acts to prevent a decline in the condition of grounds, structures, and equipment; such that the condition does not fall below the standards established by this code and other applicable statutes, codes and ordinances.

Occupant means any person living and/or sleeping in a dwelling unit or having possession of a space within a building.

Operator means any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

Owner means any person, agent, operator, firm, or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Person includes a corporation or co-partnership as well as an individual.

Premises mean a lot, plot or parcel of land including the buildings or structures thereon.

Public nuisances include the following:

The physical condition, or uses of any premises, regarded as a public nuisance at common law;
Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;
Any premises which has unsanitary sewerage or plumbing facilities;
Any premises designated as unsafe for human habitation or use;
Any premises which is manifestly capable of being a fire hazard, or manifestly unsafe or insecure as to endanger life, limb or property;
Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds; or
Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; open or vacant and the doors, windows, or other openings are boarded up or secured, by any means other than conventional methods used in the design of the building or permitted for new construction of similar type; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises.

Renovation means a building and its facilities made to conform to present day minimum standards of sanitation, fire and life safety.

Vacant and neglected means:

Empty; or
Not occupied on a regular basis by an occupant; or
Not used by a person on a regular basis for the usual and customary purposes for which a building is designed and lawfully permitted; or
Not maintained in safe, healthy livable condition.

As used herein, “vacant” shall mean vacant and neglected.

Workmanlike. Whenever the words “workmanlike state of maintenance and repair” are used in this code, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner.

Yard means an open unoccupied space on the same lot with a building extending along the entire length of street, or rear or interior lot line.

4-7-5: OBLIGATION TO SUBMIT PLAN:

Whenever any building in the city is vacant and such building or premises contains one (1) or more of the public nuisances described in this section, then the owner of such building shall, within ten (10) days of notification, submit a vacant building plan.

4-7-6: NOTICE OF VACANCY:

The building inspector or other officer of the City or its legal counsel shall provide notice to the owner and person who last paid the general real estate taxes on the building by letter sent by first class mail, return receipt requested, requesting the owner of the building to submit a vacant building plan with the City Administrator.

4-7-7: NOTICE OF PUBLIC NUISANCE:

In the event any public nuisance exists in connection with the building or premises thereto then the building inspector or other City officer or its legal counsel shall specify in the notice the existence of such nuisance(s).

4-7-8: OTHER ENFORCEMENT:

The submission or acceptance of a vacant building plan shall not preclude action by the city to demolish or force rehabilitation of the building pursuant to other provisions of this code or other law.

4-7-9: VACANT BUILDING PLAN:

A vacant building plan, when submitted shall contain the following:

(a) A plan of action to repair any doors, windows, or other openings which are boarded up or otherwise secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type. The proposed repair shall result in openings secured by conventional methods used in the design of the building or by methods permitted for new construction of similar type.

(b) For buildings and premises thereof which are identified as being or containing public nuisances, then the vacant building plan shall contain a plan of action to remedy such public nuisance(s).

(c) For each required plan, a time schedule shall be submitted identifying a date of commencement of repair and date of completion of repair for each improperly secured opening and identified nuisance.

(d) When the owner proposes to demolish the vacant building, then the owner shall submit a plan and time schedule for such demolition.

(e) A plan of action to maintain the building and premises thereof in conformance with this division.

4-7-10: APPROVAL OF PLAN:

The building inspector, any officer of the City or its legal counsel shall have sole discretion to approve the proposed vacant building plan. If the City so approves the plan, notice shall be sent to the owner or agent of the vacant building.

4-7-11: AUTHORITY TO MODIFY PLAN AND APPEAL RIGHT:

The City officials referred to in Section 4-7-10 shall, upon notice to the vacant building owner or agent, have the right to modify the vacant building plan by altering the dates of performance or the proposed methods of action. If the owner or agent of the vacant building objects to the modifications made, such owner shall have the right of appeal to the City Council for final determination.

Such appeal shall be filed with the City Administrator within ten (10) days of receipt of the City’s notice of modification.

4-7-12: STANDARDS GOVERNING ZONING BOARD OF APPEALS REVIEW:

In considering the appropriateness of a vacant building plan, the City Council shall consider and make findings of fact on the following:

(a) The purposes of this section and intent of the city council to minimize the period of time a building is boarded up or otherwise vacant;

(b) The effect of the proposed plan on adjoining property;

(d) The financial condition of the owner;

(e) The cost to implement the proposed plan;

(f) The length of time the building has been vacant;

(g) The presence of any public nuisances on the property;

(h) The relative hardship on or gain to the public as contrasted and compared to the hardship or gain of the owner resulting from approval or modification of the proposed plan;

4-7-13: DECISION BY THE CITY COUNCIL:

The City Council, after considering the testimony of the building Inspector, the building owner and any interested person, shall render its decision on the owner’s appeal of the building inspector’s modifications to the proposed vacant building plan. The City Council shall have authority to fashion its own vacant building plan or approve the plan submitted by the owner or the plan modified by the City Officials referred to in Section 7-7-10. The decision of the City Council shall be final and constitute the approved vacant building plan.

4-7-14: FAILURE TO COMPLY WITH PLAN:

Failure to comply with the approved plan shall constitute violation of this section subjecting the owner of the building to penalties upon conviction as provided in this chapter.

4-7-15: CHANGE OF OWNERSHIP:

The vacant building plan shall remain in effect notwithstanding a change in ownership. The new owner is required to file a new registration with the building inspector, and supply the name and address and telephone number of the new owner(s). The new registration shall be in the same form as the original registration; however, the twenty-five dollar ($25.00) filing fee shall be waived.

4-7-16: MAINTENANCE STANDARDS:

(a) The owner of a vacant building shall comply with the following maintenance requirements in addition to all other City Code provisions:

MOTOR VEHICLES:

An owner of a vacant building and premises thereof shall not permit an inoperable, partially dismantled, wrecked, junked, discarded, abandoned or unlicensed motor vehicle to remain on the premises, unless such vehicle is in an enclosed building, or unless permitted as part of an approved vacant building plan.

BOARDING UP:

No window, door or other opening shall be boarded up or otherwise secured by any means other than conventional methods used in the design of the building or otherwise permitted for new construction of similar type for a period in excess of thirty (30) days unless authorized pursuant to a vacant building plan.

WEATHER COATING:

Any exterior surface which has previously been treated with a weather coating material such as paint or stain shall be maintained in good condition free from faded or peeling paint or other coating material.

LIGHTING:

All exterior lighting fixtures shall be maintained in good repair, and illumination shall be provided to the building and all walkways in the same manner as provided at the time the building was last occupied or as otherwise provided in the approved vacant building plan.

Chapter 8

Sign Regulations

(ORDINANCE 2013-15, ADOPTED 10/21/13)

SECTION:

4-8-1:	Purpose
4-8-2:	Definitions
4-8-3:	Penalties
4-8-4:	Permits and Regulations
4-8-5:	Awnings, Canopies and Marquees
4-8-6:	Variances and Appeals

4-8-1: PURPOSE:

The purpose of this article is to establish the standards for the fabrication and erection of signs and advertising devices within the city. These standards are designed to promote the sale and construction of advertising signs, encourage aesthetic compatibility, and restrict annoying or objectionable displays.

4-8-2: DEFINITIONS:

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign which advertises goods, products, services or facilities which are no longer available to the public or which directs persons to a location where such goods, products, services or facilities are no longer available.

Area of sign means the area of the largest single face of the sign within a perimeter which forms the outside shape including any frame, forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled.

Billboard means outdoor advertising signs which advertise goods, products, or services not necessarily sold on the premises on which the sign is located. Billboards shall be of three main types:

Poster panels or bulletins normally mounted on a building wall, roof or freestanding structure with advertising copy in the form of pasted paper.
Multi-prism signs alternating advertising messages on one displayed area.
Painted bulletins, where the advertiser’s message is painted directly on the background of a wall-mounted, roof or freestanding display area.

Copy means the wording on a sign surface.

Electrical sign means any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source.

Flashing sign means any sign which contains an intermittent or flashing light source, or which includes the illusion of internally-mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are classed as changing signs not flashing signs.

Freestanding sign means a sign erected on a freestanding frame, mast or pole and not attached to any building.

Frontage means the length of the property line of any one premises parallel to and along the public right-of-way it borders.

Height of sign means the vertical distance measured from the adjacent street grade or upper surface of the street curb to the highest point of a sign.

Lot means a parcel of land of sufficient size to meet minimum requirements for use as a building site. Such lots shall have frontage on an improved public street or on an approved private street and may consist of:

A single lot of record.
A portion of a lot of record.
A combination of single lots or portions of lots of record.

Message board means a sign with changeable message, the words and letters being premade and fastened to the sign face by clips, magnets, slotted devices or other means.

Modify (a sign or sign structure) means to change an existing sign by altering the size or illumination, or to alter a sign structure by changing the size or material of the supporting elements.

International Commercial Building Code and International Residential Building Code, govern electrical installations adopted by the City of Farmington. Copies of the accepted code will be kept by the city clerk for public inspection.

Nonconforming sign means any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the preview of this article and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this article.

Projecting sign means a sign, other than a wall sign, which is attached to and projects from a structure or building face.

Relocate means to remove and re-erect a sign and/or sign structure from one lot to another or from one position on a lot or building to another.

Sign means any identification, description, illustration, symbol, statute or device, illuminated or non-illuminated, which is visible from any public place designed to advertise, identify or convey information, including any landscaping where letters or numbers are used for the purpose of directing the public’s attention to a product or location with the exception of window displays and city, state, national flags, holiday decorations or political posters. For the purpose of removal, the term “sign” shall also include all sign structures.

Sign structure means any structure which supports, has supported or is designed to support a sign including posts, poles, aboveground footings, cables, chains, brackets and other hardware and appurtenances designed to support a sign. A decorative cover is part of a sign structure.

Wall sign means a sign attached to or erected against a wall of a building, with the face parallel to the building wall and extending not more than one foot therefrom.

4-8-3: PENALTIES:

Any person, firm or corporation violating any provisions of this article shall be fined not less than $75.00 nor more than $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.

4-8-4: PERMITS AND REGULATIONS:

(a) Sign permit required. No person shall erect, suspend, fasten, relocate or modify any sign within the city without obtaining a permit therefor. These directives shall not be construed to require any permit for a change of copy on any sign, nor for the repainting, cleaning, and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued.

(b) Permit application. The application for a sign permit shall be made to the city clerk on forms furnished by the city. No permit shall be issued except upon approval of the zoning officer or his representative.

(d) Plans and specifications. With the application for a sign permit the applicant shall submit detailed plans and specifications for a projecting or freestanding sign or sign structure exceeding 100 pounds or a wall-mounted sign or sign structure projecting from a wall exceeding 200 pounds under the seal of an architect or structural engineer licensed in the state certifying that the supporting sign structure is adequate to sustain all loads that may reasonably be anticipated and in accordance with applicable building codes. Any sign permit shall be null and void if erection is not commenced within 180 days from the date of issuance of the permit.

(e) Extension over any sidewalk, street or other public place. The maximum extension and minimum clearance over any public place shall be such that the public health, safety and welfare will not be jeopardized. Signs shall not project farther from the property line than the distance normally therefrom to a point within two feet of a perpendicular plane through the back of the curb; provided, however, that the maximum projection over public property shall not exceed eight feet. No sign shall at the lowest point be less than nine feet above the sidewalk or ground line. No post, pole, support, brace or guy wire for any sign shall be placed on public property. No existing sign or display shall be replaced with a new one which will violate this subsection. All signs or displays over public property shall be constructed of noncombustible or fire-retardant materials.

(f) Obstruction to vision. Signs or sign structures of any nature, whether moveable or permanent, shall not be placed on or over city property where it will interfere with the normal vision of persons driving vehicles on any of the city streets or property of the city.

(g) Electric signs. The method and materials to be used in the electrical construction and wiring of all electric signs and displays shall be uniform, and shall be as prescribed by the International Commercial Building Code or the International Residential Building Code. No sign shall be permitted which is animated by means of flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination.

(h) Abandoned signs. Every abandoned sign or sign face shall be removed or refitted with a blank face within 60 days after it becomes abandoned. Supports, cables, braces, and other structural elements shall be removed within one year of abandonment. The zoning officer or his representative shall notify the sign owner in writing of this requirement, the dates of mandatory compliance and right of hearing under the requirements of due process of the law.

(i) Size limitations. No sign shall be erected whose size exceeds the following limitations:

Billboards shall not exceed 100 square feet in area.
Projecting signs shall not exceed 30 square feet in area per sign face. One projecting sign shall be permitted per business, except where the building fronts on two or more public rights-of-way.
Freestanding signs shall not exceed 50 square feet per face or 100 square feet total area. The highest point of a freestanding sign shall not exceed 25 feet.

(j) Total sign area. Directional or informational signs such as entrance, exit, handicapped designations or other signs that do not advertise a business or commercial activity shall not be considered in calculating the total sign area. In calculating the total sign area, each face of projecting or freestanding signs shall be added.

(k) Message boards. Message boards may be erected as wall-mounted installations or as part of projecting or freestanding sign structures identifying the business. Message boards shall not exceed one-half of the area of the principal sign identifying the business.

(l) Moving signs. No sign or portion thereof shall be permitted which spins, rotates or moves either mechanically or purposefully propelled by wind, solar power or other means, except for the rotation of barber poles.

(m) Rooftop signs. No sign of any type shall be mounted on the roof of any building. The highest point of any sign shall be at least two feet below the highest point on the building to which it is attached.

(n) Nonconforming signs. A sign shall be deemed to be nonconforming by virtue of its size, height, setback, illumination, animation or other deviation from the regulations of this Code. Nonconforming signs may remain in use provided they are maintained in good repair except as follows:

Whenever a sign is damaged to an extent of 50 percent of its replacement value.
Whenever a sign is relocated to another building or building site.
Whenever a sign or sign structure is abandoned for a period of one year.

(o) Sign maintenance and repair. All signs shall be maintained in good condition. Signs shall be kept neatly painted, including sign supports that are not of corrosion-resistant materials. The zoning officer, or his authorized representative, shall notify the owner of any dilapidated sign of its condition and order the repair of the same within ten days.

(p) Realtors signs. Signs advertising the sale or rental of property may be placed on the same building lot as the property for sale or rent, provided:

Signs shall not extend over public property.
Signs shall not exceed six square feet in residential areas, classified as R, R-1, or nonconforming, according to the permanent zoning ordinance of the city.
Signs shall not exceed 32 square feet in areas classified as commercial or industrial according to the permanent zoning ordinance of the city.
Sign permits are not required for realtor’s signs.

(q) Advertising on benches, planters or satellite dishes and trash receptacles. Advertising signs located on benches, planters, trash receptacles or other appurtenances shall conform to the requirements of this article. Such signs shall be located on private property and shall be securely fastened to prevent relocation or tipping and a permit shall be obtained.

(r) Flexible banners. Flexible banners containing printed messages shall be permitted subject to the following regulations:

No more than two flexible banners will be permitted at a business site at one time.
All flexible banners will be firmly attached to a building wall or other firm anchor so as to minimize wind movement and prevent them from being a distraction to motorists.
No single flexible banner shall exceed 50 square feet per face in size.
Flexible banners may remain in place as long as they are firmly anchored and in good repair.
The owner or possessor of a banner who is notified in writing by the city building official that the banner does not conform to the requirements of this Code shall remove the same within five days of receiving such notice. The owner or possessor of such banner may appeal the order of the building official within five days of receiving such notice to the zoning officer by filing a written appeal with the city clerk within such five-day period. The zoning officer will hold an informal hearing on the appeal with the appellant within 15 days after the appeal is filed with notice to both parties. The zoning officer will issue a written ruling as soon as possible after the hearing. The order of removal issued by the building official will be stayed during the appeal.
No permit is required for flexible banners.

(s) Contractor signs. Signs advertising the name of the company engaged in new construction or remodeling in residential areas, classified as districts A, B or nonconforming, shall not exceed 16 square feet. Such signs shall be located entirely on private property where such construction occurs. Contractor signs situated in areas classified as commercial or industrial shall not exceed 32 square feet. Sign permits are not required for contractor signs.

(t) Downtown sign zone. Notwithstanding any other provision of this Article or any other ordinance of the City to the contrary, business signs that project horizontally or vertically more than 18 inches from the front or side of a building façade or from a free standing pole, are prohibited in the Downtown Business District of the City of Farmington. (DELETED IN IT’S ENTIRETY AND REPLACED BY THE FOLLOWING:

(t) Downtown Historical Preservation District Sign Zone: Notwithstanding any other provision of this Article or any other ordinance of the City to the contrary, projecting business signs shall be subject to the following provisions:

The sign does not extend above the parapet wall or roofline.
The lowest point of the sign is a minimum of Nine (9) feet above the sidewalk or ground surface.
The sign’s inner edge does not exceed two (2) feet from the building.
The sign size is restricted to one (1) sq. ft. per linear foot of street frontage not to exceed 30 square feet.
One projecting sign is permitted per building with the exception of corner buildings with frontage on two city streets, where one sign will be allowed per street frontage. Structures housing second floor tenants are allowed one protruding sign above their street facing entrance, and are subject to all provisions of the section.
All projecting signs erected in the Downtown Historic Preservation District shall be installed by a company that is engaged in the business of sign installation and shall provide to the City of Farmington the following:
- Bond and certificate of insurance. No permit for a sign being installed by a sign company shall be issued to any person for the purpose of erecting an authorized sign unless the company has on file with the city a bond in the amount of five thousand dollars ($5,000.00). The bond is conditioned upon the proper installation of the sign and payment of all fees and/or penalties as implemented by this Code. A company that is engaged in the business of signs shall provide to the city a certificate of insurance for liability in the amount of one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) per occurrence and one hundred thousand dollars ($100,000.00) for property damage.
- Plans and specifications. With the application for a sign permit the applicant shall submit detailed plans and specifications for a projecting or freestanding sign or sign structure exceeding 100 pounds or a wall-mounted sign or sign structure projecting from a wall exceeding 200 pounds under the seal of an architect or structural engineer licensed in the state certifying that the supporting sign structure is adequate to sustain all loads that may reasonably be anticipated and in accordance with applicable building codes. Any sign permit shall be null and void if erection is not commenced within 180 days from the date of issuance of the permit
All Sign Permit Applications for projecting signage in the Downtown Historic Preservation District must also have approval of the Farmington Special District Advisory Commission (SDAC) prior to a sign permit being issued.
(ORDINANCE 2014-04 PASSED 02/17/14).

4-8-5: AWNINGS, CANOPIES AND MARQUEES:

(a) Definitions. Terms used in this section mean as follows:

Adjustable awning means any entrance or window covering, constructed of wood, metal, plastic, canvas or rubber, or constructed in whole or in part of other combustible material, projecting from the exterior surface of the wall of a building, and capable of being raised or lowered by means of ropes or a mechanical device.

Canopy and marquee mean any fixed entrance or window covering constructed of metal, glass, plastic or other noncombustible rigid material, projecting from the exterior surface of the wall of a building. Combustible materials and noncombustible materials mean as follows:

Those materials which will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to burn or glow at that temperature shall be termed noncombustible materials.
All other materials shall be termed combustible materials.

Fixed awning means any entrance or window covering, constructed of wood, metal, plastic, canvas or rubber or constructed in whole or in part of other combustible material, projecting from the exterior surface of the wall of a building, and not capable of being raised and lowered.

(b) Adjustable awnings. No adjustable awning shall project more than six feet from the exterior wall of a building into the public easement for street or sidewalk purposes. Every adjustable awning constructed or placed over any sidewalk shall be at least nine feet above the sidewalk at its lowest point, provided, that a hanging border of canvas or similar material may drop vertically to a point not less than seven feet above the sidewalk. All adjustable awnings shall be supported without posts by metal brackets or by a metal frame firmly attached to the building so as to leave the sidewalk wholly unobstructed thereby.

(c) Fixed awnings. No fixed awnings shall be permitted to project into the public easement for street or sidewalk purposes.

(d) Canopies and marquees.

Canopies and marquees shall be constructed of metal, glass, plastic or other noncombustible material, and shall be supported entirely by metal frames and supports. The roof of such canopy or marquee may be of metal or of iron or glass supported in metal frames.
All canopies and marquees shall be supported with chain, cables or metal supports properly secured to the building independent of the sidewalk.
Provision shall be made in all canopies and marquees to carry water from the canopy and marquee.
There shall be no post or support connecting the canopy or marquee with a public sidewalk.
The lowest portion of any canopy or marquee, including supports thereof, shall be not less than nine feet above the sidewalk.
The maximum extension and minimum clearance over any public place shall be such that the public health, safety and welfare will not be jeopardized and in no event shall any marquee project farther from the property line than the distance normally therefrom to a point within two feet of a perpendicular plane through the back of the curb; provided, however, that the maximum projection over public property shall not exceed six feet. No marquee shall at the lowest point be less than nine feet above the sidewalk or ground line. No post, pole, support, brace or guy wire for any marquee shall be placed on public property. All marquees over public property shall be constructed of noncombustible materials.

(e) Inspection. All awnings, canopies and marquees shall be subject to inspection by the city engineer at any time.

(f) Permit for the construction of canopies or marquees. No canopy or marquee shall be constructed or erected until a permit for the same shall have been obtained from the city clerk. Prior to the issuance of such permit, the applicant shall submit detailed plans and specifications for any canopy or marquee exceeding 100 pounds under the seal of a licensed architect or engineer certifying the canopy or marquee is structurally capable of sustaining such loads as may reasonably be anticipated in accordance with the building code of the city. The city engineer shall examine such plans and specifications and shall determine whether such canopy or marquee can be erected with safety to the public and without undue inconvenience to owners of adjoining property or to the public. He shall report all findings to the zoning officer who shall then approve or disapprove such application based on such report and his own findings. The fee for such permit shall be $1.00 per square foot of the projected horizontal area but not more than $50.00.

(g) Nonconforming awnings, canopies and marquees. Any awning, canopy or marquee shall be deemed to be nonconforming by virtue of its noncompliance with the article. Nonconforming awnings, canopies and marquees may remain in use provided they are maintained in good repair, except as follows:

Whenever an awning, canopy or marquee is damaged to an extent of 50 percent of its replacement value.
Whenever an awning, canopy or marquee is relocated to another building or building site.

(h) Maintenance and repair. All awnings, canopies or marquees shall be maintained in good condition. The zoning officer, or his authorized representative, shall notify the owner of any dilapidated awning, canopy or marquee of its condition and order the repair of the same within ten days.

(i) Advertising messages on awnings, canopies and marquees. Messages or advertising printed or otherwise affixed to awnings, canopies or marquees shall meet the requirements of existing sign regulations. Messages, words, symbols, logos or other advertising shall not exceed 50 percent of the surface area of the awnings, canopies or marquees. A separate sign permit is not required; however, sufficient information of the size and location of the advertising message shall be submitted to determine compliance with sign regulations.

4-8-6: VARIANCES AND APPEALS:

(a) If an application for a sign permit is denied by any city officer, or his representative, such denial shall include a specific written notice citing the reason for the denial. The applicant or assignee may appeal the denial and make application for a variance from the regulations as follows:

Application shall be made, in writing, to the city clerk citing the reason for the variance or appeal and enclosing such plans, maps, drawings and correspondence as pertinent to the request. Such application shall be accompanied by a filing fee of $30.00. Such application shall include the name and address of the applicant, the address and legal description of the property upon which the variation or appeal is requested and the specific section of this article to which the variance or appeal is requested.
After proper receipt and acceptance of the application for variance, the City Administrator shall set a public hearing of the Farmington Zoning Board of Appeals who shall review the application and render a decision which will be forwarded to the next regular meeting of the Farmington City Council.

Title 4 – Building Regulations

Chapter 1

Building Code

SECTION:

Chapter 2

Electrical Code

SECTION:

Chapter 3

Housing Code

SECTION:

Chapter 4

Dangerous Buildings

SECTION:

Chapter 5

Plumbing Code

SECTION:

Chapter 6

Downtown Historical Preservation District

SECTION:

CHAPTER 6. DOWNTOWN BUSINESS DISTRICT (DBD)

Establishment of Special District Advisory Commission (SDAC): Powers, Duties, Composition, etc.

Certificate of Appropriateness: Application, Submission Requirements, Review and Approval Process

Chapter 7

Vacant and Neglected Buildings

SECTION:

Chapter 8

Sign Regulations

(ORDINANCE 2013-15, ADOPTED 10/21/13)

SECTION:

Contact Information

Website Links

City Notices

TIF Residential Rehabilitation & Commercial Façade Renovation Program

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