- SIGNS
(a)
Purpose. The purpose of article IX is to set out regulations for the erection and maintenance of signs while preserving the right of free speech and expression.
(b)
Scope. The regulations of article IX shall provide a balanced and fair legal framework for design, construction, and placement of signs that:
(1)
Promotes the safety of persons and property by ensuring that signs do not create a hazard by:
a.
Collapsing, catching fire, or otherwise decaying;
b.
Confusing or distracting motorists; or
c.
Impairing drivers' ability to see pedestrians, obstacles or other vehicles, or to read traffic signs; and
(2)
Promotes the efficient communication of messages, and ensures that persons exposed to signs:
a.
Are not overwhelmed by the number of messages presented; and
b.
Are able to exercise freedom of choice to observe or ignore said messages according to the observer's purpose; and
(3)
Protects the public welfare and enhances the appearance and economic value of the landscape by protecting scenic views and avoiding sign clutter that can compromise the character, quality, and viability of commercial corridors;
(4)
Ensures that signs are compatible with their surroundings, and prevents the construction of signs that are a nuisance to occupants of adjacent and contiguous property due to brightness, reflectivity, bulk, or height;
(5)
Promotes the use of signs that are aesthetically pleasing, of appropriate scale, and integrated with the built environment, in order to meet the objectives related to the quality and character of development set forth in the Village of Bourbonnais Comprehensive Plan;
(6)
Enhances property values and business opportunities;
(7)
Assists in wayfinding; and
(8)
Provides fair and consistent permitting and enforcement.
(c)
Authority. The board of trustees finds that:
(1)
The village has the authority to regulate signs under the United States Constitution, the Constitution of the State of Illinois, and the Zoning Division of the Illinois Municipal Code;
(2)
Article IX advances important and substantial governmental interests;
(3)
The regulations set out in article IX are unrelated to the suppression of constitutionally-protected free expression and do not involve the content of protected messages which may be displayed on signs, nor do they involve the viewpoint of individual speakers;
(4)
The incidental restriction on the freedom of speech is no greater than is essential to the furtherance of the interests protected by article IX; and
(5)
Certain types of speech are not protected by the First Amendment due to the harm that they cause to individuals or the community, and speech that is harmful to minors may be prohibited in places that are accessible to minors.
(d)
General findings of fact. The board of trustees finds that:
(1)
The ability to display signs of reasonable size and dimensions is vital to the health and sustainability of many businesses, and the display of signs with noncommercial messages is a traditional component of the freedom of speech, but the constitutional guarantee of free speech may be limited by appropriate and constrained regulation that is unrelated to the expression itself;
(2)
The village has an important and substantial interest in preventing sign clutter (which is the proliferation of signs of increasing size and dimensions as a result of competition among property owners for the attention of passing motorists), because sign clutter degrades the character of the community, makes the community a less attractive place for commerce and private investment, and dilutes or obscures messages displayed along the village's streets by creating visual confusion and aesthetic blight;
(3)
Sign clutter can be prevented by regulations that balance the legitimate needs of individual property owners to convey their commercial and noncommercial messages against the comparable needs of adjacent and nearby property owners and the interest of the community as a whole in providing for a high quality community character;
(4)
Temporary signs that are not constructed of weather-resistant materials are often damaged or destroyed by wind, rain, and sun, and after such damage or destruction, degrade the aesthetics of the village's streets if they are not removed;
(5)
The village has an important and substantial interest in keeping its rights-of-way clear of obstructions and litter;
(6)
The village has an important and substantial interest in protecting the health of its tree canopy, which contributes to the character and value of the community; and
(7)
The uncontrolled use of off-premises outdoor advertising signs and their location, density, size, shape, motion, illumination and demand for attention can be injurious to the purposes of article IX, and destructive to community character and property values, and that, as such, restrictions on the display of off-premises commercial messages are necessary and desirable.
(Ord. No. 19-2142, § 2, 4-15-19)
(a)
Application of article IX.
(1)
Generally. Hereinafter, all construction, relocation, enlargement, alteration, and modification of signs within the village shall conform to the requirements of article IX, all state and federal regulations concerning signs and advertising, and applicable building codes. Generally, signs are approved by issuance of a sign permit. However, there are some signs that do not require a permit. These signs are listed in subparagraph 36-9-2(a)(3), below.
(2)
Signs requiring a permit. A sign permit shall be required for all permitted signs exceeding six square feet in area, unless otherwise exempted by subparagraph 36-9-2(a)(3), below. In addition, a sign permit shall be required at any time the sign area is increased, if the increase is allowable within the zone district in which the sign is located. This subparagraph shall not be interpreted so as to grant permission for prohibited signs with sign areas less than six square feet.
(3)
Signs that do not require a sign permit. The following signs do not require a sign permit, but may require a building permit or other related permit (if subject to building or electrical codes). Temporary signs that do not require permits shall still comply with the standards of section 36-9-7, Temporary signs, and section 36-9-4, General design and maintenance standards, or the applicable standards of this subsection.
a.
Official and legal notice. Official and legal notice signs that are issued by any court, public body, person, or officer in performance of a public duty, or in giving any legal notice;
b.
Signs with de minimus area. Signs that are affixed to a building or structure (even if wall signs are not permitted in the district or for the use), which do not exceed one square foot in sign area, provided that only one such sign is present on each elevation that is visible from public rights-of-way or neighboring property; and signs that are less than three-fourths of a square foot in area that are affixed to machines, equipment, fences, gates, walls, gasoline pumps, public telephones, or utility cabinets;
c.
Flags. Flags that are not larger than 30 square feet in area that are affixed to permanent flagpoles or flagpoles that are mounted to buildings (either temporary or permanent);
d.
Carried signs. Signs that are being carried by people (however, such signs are not exempt if they are set down or propped on objects);
e.
Bumper stickers. Bumper stickers on vehicles;
f.
Interior signs. Signs that are not visible from residential lots, abutting property or public rights-of-way;
g.
Traffic control signs. Traffic control signs and other signs related to public safety that the Village or another jurisdiction installs or requires a developer to install; and
h.
Temporary bare light bulb displays. Displays of bare light bulbs for a period of not more than 60 consecutive days nor more than 60 total days in any one year that do not create a nuisance to adjacent property or a traffic hazard for motorists or pedestrians.
(b)
Exemption for addressing. The board of trustees finds that the posting of the addresses of buildings in locations that are visible from the street is necessary for the effective delivery of public safety services. The efficient and timely delivery of emergency services is a compelling governmental interest. Accordingly, the village requires that street addresses shall be posted as follows:
(1)
Nonresidential and mixed-use districts. In nonresidential districts, street addresses shall be posted at:
a.
All primary building entrances; and
b.
On detached signage if the address on the building is not visible from the street.
(2)
Residential districts. In residential districts, street addresses shall be posted:
a.
On the facade of the building that faces the street from which the address is taken; and
b.
On the mailbox or mailbox support, if the mailbox is detached from the building.
(3)
Exclusion from sign area calculation. Because address signs are required, numbers and letters used for addressing are not included in the calculation of sign area if they are not more than 14 inches in height.
(c)
Signs permitted before effective date. If a permit for a sign has been issued in accordance with all village ordinances in effect prior to the effective date of article IX, and provided that construction is begun within six months of the effective date of article IX and diligently pursued to completion, said sign may be completed in accordance with the approved plans on the basis of which the permit has been issued, subject thereafter, if applicable, to the provisions of this zoning ordinance regarding nonconforming signs.
(d)
Relationship to other regulations. These regulations recognize other regulations pertaining to signage. Where any provision of article IX cover the same subject matter as other regulations, the more restrictive regulation shall apply.
(Ord. No. 19-2142, § 2, 4-15-19)
(a)
Measurements.
(1)
Generally. The regulations of article IX shall be applied using the measurements set out in this subsection.
(2)
Sign clearance. Sign clearance is the distance between the bottom of a sign face or structural element that is not affixed to the ground and the nearest point on the surface under it. See Figure 36-9-3(a)(2)a., Measurement of Sign Clearance.
(3)
Sign height. For detached signs (temporary and permanent), sign height is:
a.
Where the natural grade of the ground where the sign is to be located is lower than the street centerline, the vertical distance to the top of the sign face or sign structure, whichever is higher, measured from the elevation of the centerline of the adjacent street. See Figure 36-9-3(a)(3)a., Measurement of Sign Height, Sign Base Lower than Street Centerline.
b.
Where the natural grade of the ground where the sign is to be located is higher than the street centerline, the vertical distance to the top of the sign face or sign structure, whichever is higher, measured from the elevation of the average grade around the base of the sign.
(4)
Items of information. An item of information is a word, logo, abbreviation, symbol, geometric shape, image, or number with 10 or fewer digits (punctuation of numbers does not increase the number of items of information). See figure 36-9-3(a)(4)a., Items of Information.
(b)
Calculations.
(1)
Generally. The calculations required by the regulations of article IX shall be according to the methodologies of this subsection.
(2)
Sign area.
a.
Generally. Sign area is calculated as the area within a continuous perimeter with up to eight straight sides that encloses the limits of text and graphics of a sign, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign's message from the background against which it is placed. The area excludes the structure upon which the sign is placed (unless the structure is an integral part of the display or used to differentiate it), but includes any open space contained within the outer limits of the display face of a sign, or between any component, panel, strip, or figure of any kind composing the display face, whether this open space is enclosed by a frame or border or not. See Figure 36-9-3(b)(2)a., Sign Area, Generally.
b.
Double-faced signs—For projecting, suspended, or other double-faced signs.
1.
Only one display face is measured if the sign faces are parallel or form an interior angle of less than 45 degrees, provided that the signs are mounted on the same structure. If the faces are of unequal area, then sign area is equal to the area of the larger face.
2.
Both display faces are measured if:
i.
The interior angle is greater than 45 degrees; or
ii.
The sign faces are mounted on different structures.
c.
Signable area. Signable area is calculated as follows:
1.
Wall signs. A two-dimensional area on the facade of a building that describes the largest square, rectangle, or parallelogram which is free of architectural details.
2.
Window signs. The area of glass within a window frame.
3.
Other signs. The area of the face of the sign which is designed to be used for text and graphics (the signable area does not include the sign's supporting frame or structure, if any, provided that such frame or structure is not designed to display text or graphics).
d.
Signable area ratio. Signable area ratio is the sign area divided by the signable area. It is expressed as a percentage.
e.
Relationship between maximum sign area and maximum signable area ratio. Where both a maximum sign area and a maximum signable area ratio are set out, the standard that results in polygram that encloses all of the text and graphics and framing that differentiates them from the wall.
(Ord. No. 19-2142, § 2, 4-15-19)
(a)
Prohibited signs and design elements.
(1)
Generally. This subsection identifies signs and sign elements that are not allowed anywhere in the village.
(2)
Prohibited signs.
a.
The following signs are prohibited in all areas of the village:
1.
Signs with more than two sign faces;
2.
Signs that are a traffic hazard because they simulate or imitate (in size, color, lettering, or design) any traffic sign or signal;
3.
Animated or moving signs that are visible from public rights-of-way, including any moving, swinging, rotating, flashing, blinking, scintillating, fluctuating, or otherwise animated light (except as allowed in section 36-9-8, Message centers);
4.
Vehicle signs;
5.
Portable signs, except as specifically permitted in section 36-9-7, Temporary signs;
6.
Billboards, except as provided in section 36-9-6; and
7.
Inflatable signs and signs otherwise animated or supported by manufactured air pressure.
b.
Other signs may be prohibited in certain districts. See section 36-9-5, Permanent signs, and section 36-9-7, Temporary signs, for requirements.
(3)
Prohibited design elements.
a.
The following elements shall not be used as an element of signs or sign structures, whether temporary or permanent:
1.
Sound, smoke, or odor emitters;
2.
Awnings that are back lit and/or made of plastic;
3.
Stacked products (e.g., tires, soft drink cases, bagged soil or mulch); and
4.
Unfinished wood support structures, except that stake signs may use unfinished stakes.
b.
The following elements shall not be used as an element of signs or sign structures, whether temporary or permanent, which are visible from public rights-of-way:
1.
Flags, banners, or comparable elements that are designed to move in the wind that are not affixed to permanent flagpoles or flagpoles that are mounted to buildings;
2.
Spinning or moving parts;
3.
Exposed reflective type bulb or strobe lights;
4.
Flashing lights;
5.
Motor vehicles, unless:
i.
The vehicles are functional, used as motor vehicles, and have current registration and tags;
ii.
The display of signage is incidental to the motor vehicle use; and
iii.
The motor vehicle is properly parked in a marked parking space or is parked behind the principal building.
6.
Semi-trailers, shipping containers, or portable storage units, unless:
i.
The trailers, containers, or portable storage units are functional, used for their primary storage purpose, and, if subject to registration, have current registration and tags;
ii.
The display of signage is incidental to the use for temporary storage, pick-up, or delivery; and
iii.
The semi-trailer is parked in a designated loading area or on a construction site at which it is being used for deliveries or storage.
(4)
Prohibited content.
a.
The following content is prohibited without reference to the viewpoint of the individual speaker:
1.
Text or graphics of an indecent or immoral nature and harmful to minors;
2.
Text or graphics that advertise unlawful activity;
3.
Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats; or
4.
Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs or signs that provide public safety information (for example, signs that use the words "Stop," "Yield," "Caution," or "Danger," or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).
b.
The narrow classifications of content that are prohibited by this subsection are either not protected by the United States or Illinois Constitutions, or are offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the board of trustees that each paragraph of this subsection (e.g., subsection 36-9-4(a)(4)a.1., 36-9-4(a)(4)a.2.), 36-9-4(a)(4)a.3., or 36-9-4(a)(4)a.4.) be individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be inconsistent with the United States or Illinois Constitutions.
(b)
Prohibited sign locations.
(1)
Generally. Attached signs shall be installed on signable areas of buildings, as defined by subsection 36-9-3(a), Measurements. Detached signs shall be set back as required by subsection 36-9-5(b), Detached signs. Signs that are in violation of this subsection are subject to immediate removal.
(2)
Prohibited obstructions. In no event shall a sign, whether temporary or permanent, obstruct:
a.
Building ingress or egress, including doors, windows, fire escapes, required exitway, and any window or door opening used as an element of a means of egress or to prevent free passage from one part of a roof to another part thereof or access thereto;
b.
Any opening required for ventilation, except that such signs may be erected in front of and may cover transom windows when not in violation of the provisions of the village building code;
c.
Features of the building or site that are necessary for public safety, including standpipes and fire hydrants;
d.
Within any sight triangle; or
e.
Sight distances that are required by the subdivision ordinance.
(3)
Prohibited mounts. No sign, whether temporary or permanent, shall be posted, installed, or mounted on any of the following locations:
a.
On trees; or
b.
On utility poles, light poles, or on utility cabinets, except signs posted by the Village or the utility that are necessary for public safety or identification of the facility by the utility provider.
(4)
Prohibited locations. In addition to the setback requirements of article IX, and the other restrictions of this section, no sign shall be located in any of the following locations:
a.
In or over public rights-of-way (which, in addition to streets, may include other elements, such as sidewalks, parkways, retaining walls, utility poles, traffic control devices, medians, and center islands that are within the public right-of-way), except:
1.
Traffic control signs installed by a governmental entity or which are required to be installed by a governmental entity (e.g., permanent traffic control devices such as stop, yield, and speed limit signs, as well as temporary signs related to street construction or repair);
2.
Signs posted by governmental entities that support event or emergency management, such as wayfinding to event or disaster relief locations;
3.
Banners posted by the village on utility or light poles according to the standards of subparagraph 36-9-4(b)(3) above;
4.
Signs constructed by the village or another governmental or quasi-governmental entity pursuant to terms and conditions set forth in an approved intergovernmental agreement with the village; and
5.
Signs specifically identified in a sign design program approved pursuant to section 36-9-4, General design and maintenance standards.
b.
In locations that have less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by the laws of the State of Illinois and the regulations duly promulgated by agencies thereof.
c.
Within easements for overhead utilities (placement in other utility easement areas is allowed only if approved by the utility service provider and if the other applicable requirements of this zoning ordinance are met).
(c)
Items of information. No sign face shall contain more than 20 items of information. Items of information are measured as provided in subsection 36-9-3(a), Measurements.
(d)
Illumination of signs.
(1)
Generally. Signs shall be internally illuminated or, if external illumination is used, the source of illumination shall be shielded.
(2)
Certification. All electrically illuminated signs shall be certified as to electric wiring and devices by the electrical inspector of the Village of Bourbonnais, and all wiring and accessory electrical equipment shall conform to the requirements of the National Electrical Code.
(3)
Photometric plans. The village may require applicants to submit photometric plans demonstrating compliance with this subsection as a condition to issuance of a sign permit.
(4)
Additional Permits. Electrical permits shall be issued for the erection or maintenance of illuminated signs.
(5)
Hours of illumination. Signs shall be turned off each day by the later of midnight or upon closing of the associated land use (signs may be turned back on at 5:00 a.m.).
(6)
Sign illumination. Signs shall not exceed the following illumination levels:
Table 36-9-4(d)(3)a.
Maximum Sign Illumination Standards
(e)
Sign maintenance.
(1)
Generally. Signs and sign structures of all types (attached, detached, and temporary) shall be maintained as provided in this subsection. Signs not maintained according to applicable standards are declared to be a nuisance.
(2)
Message. Signs shall display messages. Signs that do not display a message for a period of more than 30 days are abandoned.
(3)
Paint and finishes. Paint and other finishes shall be maintained in good condition. Peeling finishes shall be repaired. Signs with running colors shall be repainted, repaired, or removed if the running colors were not a part of the original design.
(4)
Mineral deposits and stains. Mineral deposits and stains shall be promptly removed.
(5)
Corrosion and rust. Permanent signs and sign structures shall be finished and maintained to prevent corrosion and rust. A patina on copper elements is not considered rust.
(6)
Level position. Signs that are designed to be level, whether temporary or permanent, shall be installed and maintained in a level position. See Figure 36-9-4(e)(6), Level Position.
(Ord. No. 19-2142, § 2, 4-15-19)
(a)
Attached signs.
(1)
Generally. There are many forms of attached signs. This section sets out which forms of attached signs are allowed in each zoning district and the standards that apply to them. Attached signs that are not listed in a table are not allowed as-of-right in any of the districts set out in the Table.
(2)
Residential districts.
a.
The standards of Table 36-9-5(a)(1), Permissible Attached Sign Types in Residential and Agriculture Districts, apply to multifamily and nonresidential uses in the districts that are set out in the Table.
b.
Attached signs are not allowed for home occupations, except for required address signs.
Table 36-9-5(a)(1)
Permissible Attached Sign Types in Residential Districts
(3)
Nonresidential districts. The standards of Table 36-9-5(a)(2), Permissible Attached Sign Types in Nonresidential/Mixed-Use Districts, apply in the districts that are set out in the table.
Table 36-9-5(a)(2)
Permissible Attached Sign Types in Nonresidential/Mixed-Use Districts
(b)
Detached signs.
(1)
Generally. There are many forms of detached signs. This subsection sets out which forms of detached signs are allowed in each zoning district, and the size and height standards that apply to them.
a.
A pole sign, the sign base of any monument sign must be a minimum of 40 percent or more of the width of the sign face that is to be situated upon the base. The location and allowance of a pole sign will receive an administrative review from the zoning commissioner.
(2)
Required setbacks. All detached signs shall be set back at least ten feet from all property lines. This zoning administrator may waive this standard if:
a.
The waiver would lower the elevation of the base of the sign by more than three feet and:
1.
The sign will be set back at least one foot from any property line;
2.
The sign will not encroach on any utility easement;
3.
The sign will not obstruct a required sight distance (see subdivision ordinance); and
4.
There is at least five feet of landscaped parkway between the edge of pavement and the property line; or
b.
The sign is a wayfinding sign used to identify a residential subdivision or development and:
1.
The sign will be set back at least one foot from any property line;
2.
The sign will not encroach on any utility easement;
3.
The sign will not obstruct a required sight distance (see subdivision ordinance) and
4.
The sign will not be located within the sight triangle.
Table 36-9-5(b)(1)
Permissible Detached Sign Types in Residential Districts
Table 36-9-5(b)(2)
Permissible Detached Sign Types in Nonresidential/Mixed-Use Districts
(3)
Freeway oriented commercial retail and mixed use developments.
a.
The village board finds that large retail or commercial developments that are adjacent to I-57 have unique needs for communicating their messages due to the high rate of speed of Interstate highway traffic, and the elevation of the Interstate compared to abutting properties. The regulations of subsection (b)(3)b., below apply to development in the I-57 overlay district that meets all of the following criteria:
1.
Unified commercial retail developments of more than 100,000 square feet of floor area, or mixed-used developments that contain more than 70,000 square feet of commercial retail floor area and more than 250,000 square feet of total floor area;
2.
A minimum area of the parcel proposed for development of 10 acres; and
3.
The parcel proposed for development directly abuts the I-57 right-of-way.
b.
Development that meets all of the criteria of subsection (b)(3)a., above, may display a monument sign or pole sign that is subject to the following standards:
1.
Maximum sign height: 32 feet.
2.
Point of measurement: The point of measurement for sign height is the centerline of I-57.
3.
Maximum sign area: 150 square feet.
4.
Setbacks and location: The sign shall be located in the yard that abuts I-57, and shall be set back at least 10 feet from all property lines.
5.
Minimum spacing from other freeway-oriented signs: 300 feet.
6.
The sign must be compatible with surrounding architecture in general appearance and materials.
7.
The sign shall also include landscaping in the form of shrubs, decorative grasses, perennials, or other ornamental materials around the base of the structure that are maintained by a subsurface irrigation system.
8.
The sign permitted by this subsection is in addition to the signs that are permitted by Table 36-9-5(b)(2), Permissible Detached Sign Types, Nonresidential and Mixed-Use Districts.
(Ord. No. 19-2142, § 2, 4-15-19; Ord. No. 22-2349, § 2, 8-1-22)
(a)
Generally. Except as provided in this section 36-9-6, billboards and off-premise signs are prohibited in the village.
(b)
Permitted locations. Billboards and off-premise signs may be erected, constructed, and repaired within 660 feet of the right-of-way line of Interstate 57 (I-57), subject to compliance with the following:
(1)
The property on which the billboard or off-premise sign will be located must be zoned B-1, B-2, I-57, M-1, M-2, or U-1; and
(2)
The billboard or off-premise sign is located at least 2,500 feet from any other billboard or off-premise sign, as measured from the base of the proposed billboard to the base of an existing billboard; and
(3)
The billboard shall:
a.
Measure no more than eight feet in height, as measured from the grade at the base of the billboard;
b.
Measure no more than 14 feet in length;
c.
Not be located within 15 feet of any property line; and
d.
Comply with all other provisions of this Code.
(Ord. No. 19-2142, § 2, 4-15-19)
(a)
General standards for freestanding temporary signs.
(1)
Generally. There are many forms of temporary signs. This section sets out which forms of temporary signs are allowed in each zoning district, and the size and height standards that apply to them. Sign types that are not listed in Table 36-9-7(a)(1), Permissible Freestanding Temporary Sign Types, Agricultural and Residential Zoning Districts, or Table 36-9-7(a)(2), Permissible Freestanding Temporary Sign Types, Nonresidential and Mixed-Use Zoning Districts, are not permitted as freestanding signs.
(2)
Setbacks. All temporary signs shall be set back at least five feet from all property lines, except as provided in subsection 36-9-7(b), Prevention of visual clutter in principal corridors. Temporary signs that are not visible from public rights-of-way or abutting property are not restricted by this section.
Table 36-9-7(a)(1)
Permissible Freestanding Temporary Sign Types in Residential Districts
Table 36-9-7(a)(2)
Permissible Freestanding Temporary Sign Types in Nonresidential/Mixed-Use Districts
(b)
Prevention of visual clutter in principal corridors.
(1)
Generally. The board of trustees finds that the proliferation of temporary signage along the principal corridors of the village causes visual clutter that is detrimental to the character of the community, and tends to be distracting to motorists. The board of trustees also finds that the application of this subsection does not restrict the ample alternative ways that residents and business owners may communicate their messages.
(2)
Corridor setback requirement.
a.
No temporary sign shall be placed within the right-of-way (as provided in subsection 36-9-4(b), Prohibited sign locations), or within 30 feet of the edge of pavement (whichever creates a greater setback from the edge of pavement), along the following street corridors:
1.
Armour Rd.
2.
Bourbonnais Parkway;
3.
Ill. St. Rte. 45/52;
4.
Ill. St. Rte. 50;
5.
Ill. St. Rte. 102; and
6.
William R. Latham Senior Dr.
b.
The setback requirement of this section shall not apply in the following circumstances:
1.
Where the front yard of any lot that is used or zoned for single-family residential purposes abuts any right-of-way identified in subparagraph 36-9-7(b)(2)a. above;
2.
Where an intervening private fence, wall, or other structure clearly delineates the boundary of private property outside of the prescribed public right-of-way, in which case the required setback shall include only the area up to and including the outside surface of such private fence, wall, or other structure; or
3.
Where the village or another jurisdiction installs traffic control, wayfinding, and other signs related to public safety.
(c)
Standards for attached temporary signs.
(1)
Generally. Attached temporary signs are permitted subject to the standards of this subsection, for a duration as set out in subsection 36-9-7(d), Duration of temporary signs.
(2)
Banners. Banners are permitted in the B-1, B-2, U-1, and I-57 districts, provided that:
a.
There is only one banner per tenant per principal building;
b.
The banner is attached to the principal building, and complies with the standards of subsection 36-9-4(b), Prohibited sign locations.
c.
The sign area on the banner is not larger than the sign area allowed for a wall sign on the building upon which the banner is attached.
(3)
Sock signs and temporary wall signs. Sock signs and temporary wall signs are permitted in B-1, B-2, U-1 and I-57 districts, and may be installed upon issuance of a building permit for a permanent sign, and may remain in place for not more than 30 days. Such signs shall have a sign area that is not more than 15 percent larger than that which is permitted for the permanent sign for which the permit application was filed.
(4)
Window signs. Temporary window signs are allowed in all locations where permanent window signs are allowed, provided that the transparency standards of subsection 36-9-5(a), Attached signs, are met.
(d)
Duration of temporary signs.
(1)
Generally. The purpose of temporary signs is to display messages for a temporary duration. Temporary signs shall not be used as a subterfuge to circumvent the regulations that apply to permanent signs or to add permanent signage to a parcel proposed for development in addition to that which is permitted for permanent signs by subsection 36-9-5(a), Attached signs and subsection 36-9-5(b), Detached signs.
(2)
Duration of display.
a.
In general, temporary signs shall be removed as of the earlier of the date that:
1.
A commercial message is obsolete and has become misleading or off-premises (e.g., a "for lease" or "for sale" sign in front of a building that is fully occupied);
2.
The sign falls into disrepair (see subsection 36-9-4(e), Sign maintenance); or
3.
The number of days set out in Table 36-9-7(d)(1), Duration of Detached Temporary Signs, or Table 36-9-7(d)(2), Duration of Attached Temporary Signs, expires.
Table 36-9-7(d)(1)
Duration of Detached Temporary Signs
Table 36-9-7(d)(2)
Duration of Attached Temporary Signs
(3)
Administrative interpretations. The board of trustees finds that materials technology is a rapidly evolving field of study, and that materials for signage that are not listed in Table 36-9-7(d)(1) Duration of Detached Temporary Signs or Table 36-9-7(d)(2) Duration of Attached Temporary Signs, may be introduced into the market. When an unlisted material is proposed, the zoning administrator shall determine to which class of materials the new material is comparable, based on the new material's appearance, durability, and colorfastness. No sign displays shall be longer in duration than the longest permitted display in Table 36-9-7(d)(1) Duration of Detached Temporary Signs or Table 36-9-7(d)(2) Duration of Attached Temporary Signs regardless of the material.
(4)
Exception for outdoor political campaign signs on residential property. Other than regulations as to size, nothing in this section prohibits the display of outdoor political campaign signs on residential property.
(Ord. No. 19-2142, § 2, 4-15-19)
(a)
Generally. Manual and electronic message centers may be used in detached signs and marquee signs to a limited degree, pursuant to the applicable standards of this section.
(b)
Electronic message centers. Electronic message centers may be incorporated into signage as follows:
(1)
Design requirements.
a.
Electronic message centers are only permitted on monument signs or marquee signs which enclose the electronic message center component on all sides with a finish of brick, stone, stucco, powder coated (or comparably finished) metal, or the surface of the sign face. The enclosure shall extend not less than six inches from the electronic message center in all directions.
b.
Electronic message centers shall make up not more than 50 percent of the sign area of a monument sign or 75 percent of the sign area of a marquee sign. The balance of the sign area shall utilize permanent, dimensional letters or symbols.
c.
No sign structure that includes a cabinet, box, or manual changeable copy sign may also include an electronic message center. See Figure 36-9-8(b)(2), Electronic Message Center Design Requirements.
d.
All electronic message center display components shall be full color with a minimum pitch resolution of 16 mm spacing or better (i.e. 10 mm, 12 mm, etc.)
(2)
Operational requirements. Electronic message centers:
a.
Shall contain static messages only;
b.
Shall display messages for a period of not less than eight seconds (multiple electronic message centers, if used on the same sign, shall be synchronized to change messages at the same time);
c.
Shall not use transitions or frame effects between messages; and
d.
Shall conform to the illumination standards as set forth in subparagraph 36-9-8(b)(3) below.
(3)
Illumination standards. The illumination standards set forth in this subparagraph 36-9-8(b)(3) shall apply to all electronic message center signs, including multi-tenant electronic message centers.
a.
Measurement criteria. The illuminance of an electronic message center shall be measured with an illuminance meter set to measure foot-candles accurate to at least two decimals. Illuminance shall be measured with the electronic message center off, and again with the electronic message center displaying a white image for a full color-capable electronic message center, or a solid message for a single-color electronic message center. Measurements shall be taken after sunset with the site fully illuminated by installed site lighting. All measurements shall be taken perpendicular to the face of the electronic message center at the distance determined by the total square footage of the electronic message center as set forth below:
1.
Large sign: 98 feet.
2.
Medium sign: 73 feet for symmetrical and asymmetrical sign types; 84 feet for horizontal sign type.
3.
Small Sign: 49 feet for symmetrical and asymmetrical sign type; 57 feet for horizontal sign type.
4.
Other sign sizes: Measurement Distance = √ (Area of Sign (in square feet) × 100).
b.
Electronic message center illumination limits. The difference between the off and solid-message measurements using the EMC Measurement Criteria shall not exceed 0.3 foot-candles on either side of the sign. If there is a difference in measurement of illumination levels on either side of the sign, the side of the sign facing residentially zoned properties shall take precedent.
c.
Dimming capabilities. All electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 foot-candle measurements.
d.
Photometric plan. The village may require applicants to submit photometric plans demonstrating compliance with this subparagraph as a condition to issuance of a sign permit.
(c)
Multi-tenant electronic message centers. Multi-tenant electronic message centers are intended to provide an opportunity for unified, multi-tenant developments to advertise on-site businesses through uniform sign designs subject to the requirements set forth in this subsection 36-9-8(c). Developments that do not meet the criteria set forth in this subsection 36-9-8(c) are permitted to display electronic message center signs in accordance with subsection 36-9-8(b).
(1)
Development eligibility requirements. Multi-tenant electronic message centers are permitted in mixed use or non-residential developments that meet all of the following criteria:
a.
Unified mixed use or non-residential development that meets the minimum floor area requirements as specified in Table 36-9-8(c), whether existing or proposed through an approved site plan, and contains at least ten existing or proposed tenants, storefronts, or businesses.
b.
The development must be located in the B-1, B-2, U-1, or I-57 districts.
c.
Through the sign permit application, the development must identify tenants, storefronts, and businesses eligible for signage on the multi-tenant electronic message center sign.
(2)
Sign design, location, and requirements. A mixed use or non-residential development that meets all of the criteria of subparagraph 36-9-8(c)(1), above, may display multi-tenant electronic message centers on signs that meet all of the following criteria:
a.
The sign shall conform to the sign prototypes and criteria set forth in Table 36-9-8(c).
b.
A maximum of one large sized multi-tenant electronic message center sign may be displayed per eligible development meeting the criteria in subparagraph 36-9-8(c)(1), except that a maximum of two large sized multi-tenant electronic message center signs may be displayed if the total square footage of existing floor area for the development exceeds 400,000 square feet and is adjacent to I-57.
c.
A maximum of one medium sized multi-tenant electronic message center sign may be displayed per eligible development meeting the criteria inn subparagraph 36-9-8(c)(1).
d.
All electronic message center display components shall be full color with a pitch resolution of no greater than 16 mm spacing (e.g. 12 mm, 10 mm are acceptable).
e.
The sign must meet the minimum setback requirements set forth in Table 36-9-8(c).
f.
The sign must be located adjacent to the rights-of-way specified in Table 36-9-8(c) under "Eligible ROW Frontage."
(3)
Operational requirements. Multi-tenant electronic message centers:
a.
Shall contain static messages only;
b.
shall display messages for a period of not less than eight seconds;
c.
Shall not use transitions or frame effects between messages;
d.
Shall meet the illumination standards set forth in subparagraph 36-9-8(b)(3); and
e.
No more than four separate images on the electronic message center display shall be displayed at any given time.
Table 36-9-8(c)
Multi-tenant EMC Requirements
(d)
Manual changeable copy message centers. Manual changeable copy signs may be incorporated into signage as follows:
(1)
Manual changeable copy message centers are only permitted on monument signs or marquee signs which enclose the message center component on all sides with a finish of brick, stone, stucco, powder coated or comparably finished metal, or sign face that extends not less than six inches from the message center in all directions. Gaps between the message center and the finish are permitted to accommodate locks and hinges for a cover for the changeable copy area, but only to the extent necessary for such locks and hinges to operate.
(2)
Manual changeable copy message centers, including their frames, shall make up not more than 50 percent of the sign area. The balance of the sign area shall utilize permanently affixed letters or symbols. See Figure 36-9-8(d)(1) Manual Changeable Copy Centers.
(3)
Manual changeable copy message centers shall not be internally lit unless:
a.
They use opaque inserts with translucent letters, numbers, or symbols (see Figure 36-9-8(d)(2), Changeable Copy Inserts);
b.
Blank opaque inserts that are the same color as the opaque portions of the letters, numbers, and symbols are used over all areas of the sign where copy is not present; and
c.
The opaque portion of the letters, numbers, and symbols is the same color.
(Ord. No. 19-2142, § 2, 4-15-19)
- SIGNS
(a)
Purpose. The purpose of article IX is to set out regulations for the erection and maintenance of signs while preserving the right of free speech and expression.
(b)
Scope. The regulations of article IX shall provide a balanced and fair legal framework for design, construction, and placement of signs that:
(1)
Promotes the safety of persons and property by ensuring that signs do not create a hazard by:
a.
Collapsing, catching fire, or otherwise decaying;
b.
Confusing or distracting motorists; or
c.
Impairing drivers' ability to see pedestrians, obstacles or other vehicles, or to read traffic signs; and
(2)
Promotes the efficient communication of messages, and ensures that persons exposed to signs:
a.
Are not overwhelmed by the number of messages presented; and
b.
Are able to exercise freedom of choice to observe or ignore said messages according to the observer's purpose; and
(3)
Protects the public welfare and enhances the appearance and economic value of the landscape by protecting scenic views and avoiding sign clutter that can compromise the character, quality, and viability of commercial corridors;
(4)
Ensures that signs are compatible with their surroundings, and prevents the construction of signs that are a nuisance to occupants of adjacent and contiguous property due to brightness, reflectivity, bulk, or height;
(5)
Promotes the use of signs that are aesthetically pleasing, of appropriate scale, and integrated with the built environment, in order to meet the objectives related to the quality and character of development set forth in the Village of Bourbonnais Comprehensive Plan;
(6)
Enhances property values and business opportunities;
(7)
Assists in wayfinding; and
(8)
Provides fair and consistent permitting and enforcement.
(c)
Authority. The board of trustees finds that:
(1)
The village has the authority to regulate signs under the United States Constitution, the Constitution of the State of Illinois, and the Zoning Division of the Illinois Municipal Code;
(2)
Article IX advances important and substantial governmental interests;
(3)
The regulations set out in article IX are unrelated to the suppression of constitutionally-protected free expression and do not involve the content of protected messages which may be displayed on signs, nor do they involve the viewpoint of individual speakers;
(4)
The incidental restriction on the freedom of speech is no greater than is essential to the furtherance of the interests protected by article IX; and
(5)
Certain types of speech are not protected by the First Amendment due to the harm that they cause to individuals or the community, and speech that is harmful to minors may be prohibited in places that are accessible to minors.
(d)
General findings of fact. The board of trustees finds that:
(1)
The ability to display signs of reasonable size and dimensions is vital to the health and sustainability of many businesses, and the display of signs with noncommercial messages is a traditional component of the freedom of speech, but the constitutional guarantee of free speech may be limited by appropriate and constrained regulation that is unrelated to the expression itself;
(2)
The village has an important and substantial interest in preventing sign clutter (which is the proliferation of signs of increasing size and dimensions as a result of competition among property owners for the attention of passing motorists), because sign clutter degrades the character of the community, makes the community a less attractive place for commerce and private investment, and dilutes or obscures messages displayed along the village's streets by creating visual confusion and aesthetic blight;
(3)
Sign clutter can be prevented by regulations that balance the legitimate needs of individual property owners to convey their commercial and noncommercial messages against the comparable needs of adjacent and nearby property owners and the interest of the community as a whole in providing for a high quality community character;
(4)
Temporary signs that are not constructed of weather-resistant materials are often damaged or destroyed by wind, rain, and sun, and after such damage or destruction, degrade the aesthetics of the village's streets if they are not removed;
(5)
The village has an important and substantial interest in keeping its rights-of-way clear of obstructions and litter;
(6)
The village has an important and substantial interest in protecting the health of its tree canopy, which contributes to the character and value of the community; and
(7)
The uncontrolled use of off-premises outdoor advertising signs and their location, density, size, shape, motion, illumination and demand for attention can be injurious to the purposes of article IX, and destructive to community character and property values, and that, as such, restrictions on the display of off-premises commercial messages are necessary and desirable.
(Ord. No. 19-2142, § 2, 4-15-19)
(a)
Application of article IX.
(1)
Generally. Hereinafter, all construction, relocation, enlargement, alteration, and modification of signs within the village shall conform to the requirements of article IX, all state and federal regulations concerning signs and advertising, and applicable building codes. Generally, signs are approved by issuance of a sign permit. However, there are some signs that do not require a permit. These signs are listed in subparagraph 36-9-2(a)(3), below.
(2)
Signs requiring a permit. A sign permit shall be required for all permitted signs exceeding six square feet in area, unless otherwise exempted by subparagraph 36-9-2(a)(3), below. In addition, a sign permit shall be required at any time the sign area is increased, if the increase is allowable within the zone district in which the sign is located. This subparagraph shall not be interpreted so as to grant permission for prohibited signs with sign areas less than six square feet.
(3)
Signs that do not require a sign permit. The following signs do not require a sign permit, but may require a building permit or other related permit (if subject to building or electrical codes). Temporary signs that do not require permits shall still comply with the standards of section 36-9-7, Temporary signs, and section 36-9-4, General design and maintenance standards, or the applicable standards of this subsection.
a.
Official and legal notice. Official and legal notice signs that are issued by any court, public body, person, or officer in performance of a public duty, or in giving any legal notice;
b.
Signs with de minimus area. Signs that are affixed to a building or structure (even if wall signs are not permitted in the district or for the use), which do not exceed one square foot in sign area, provided that only one such sign is present on each elevation that is visible from public rights-of-way or neighboring property; and signs that are less than three-fourths of a square foot in area that are affixed to machines, equipment, fences, gates, walls, gasoline pumps, public telephones, or utility cabinets;
c.
Flags. Flags that are not larger than 30 square feet in area that are affixed to permanent flagpoles or flagpoles that are mounted to buildings (either temporary or permanent);
d.
Carried signs. Signs that are being carried by people (however, such signs are not exempt if they are set down or propped on objects);
e.
Bumper stickers. Bumper stickers on vehicles;
f.
Interior signs. Signs that are not visible from residential lots, abutting property or public rights-of-way;
g.
Traffic control signs. Traffic control signs and other signs related to public safety that the Village or another jurisdiction installs or requires a developer to install; and
h.
Temporary bare light bulb displays. Displays of bare light bulbs for a period of not more than 60 consecutive days nor more than 60 total days in any one year that do not create a nuisance to adjacent property or a traffic hazard for motorists or pedestrians.
(b)
Exemption for addressing. The board of trustees finds that the posting of the addresses of buildings in locations that are visible from the street is necessary for the effective delivery of public safety services. The efficient and timely delivery of emergency services is a compelling governmental interest. Accordingly, the village requires that street addresses shall be posted as follows:
(1)
Nonresidential and mixed-use districts. In nonresidential districts, street addresses shall be posted at:
a.
All primary building entrances; and
b.
On detached signage if the address on the building is not visible from the street.
(2)
Residential districts. In residential districts, street addresses shall be posted:
a.
On the facade of the building that faces the street from which the address is taken; and
b.
On the mailbox or mailbox support, if the mailbox is detached from the building.
(3)
Exclusion from sign area calculation. Because address signs are required, numbers and letters used for addressing are not included in the calculation of sign area if they are not more than 14 inches in height.
(c)
Signs permitted before effective date. If a permit for a sign has been issued in accordance with all village ordinances in effect prior to the effective date of article IX, and provided that construction is begun within six months of the effective date of article IX and diligently pursued to completion, said sign may be completed in accordance with the approved plans on the basis of which the permit has been issued, subject thereafter, if applicable, to the provisions of this zoning ordinance regarding nonconforming signs.
(d)
Relationship to other regulations. These regulations recognize other regulations pertaining to signage. Where any provision of article IX cover the same subject matter as other regulations, the more restrictive regulation shall apply.
(Ord. No. 19-2142, § 2, 4-15-19)
(a)
Measurements.
(1)
Generally. The regulations of article IX shall be applied using the measurements set out in this subsection.
(2)
Sign clearance. Sign clearance is the distance between the bottom of a sign face or structural element that is not affixed to the ground and the nearest point on the surface under it. See Figure 36-9-3(a)(2)a., Measurement of Sign Clearance.
(3)
Sign height. For detached signs (temporary and permanent), sign height is:
a.
Where the natural grade of the ground where the sign is to be located is lower than the street centerline, the vertical distance to the top of the sign face or sign structure, whichever is higher, measured from the elevation of the centerline of the adjacent street. See Figure 36-9-3(a)(3)a., Measurement of Sign Height, Sign Base Lower than Street Centerline.
b.
Where the natural grade of the ground where the sign is to be located is higher than the street centerline, the vertical distance to the top of the sign face or sign structure, whichever is higher, measured from the elevation of the average grade around the base of the sign.
(4)
Items of information. An item of information is a word, logo, abbreviation, symbol, geometric shape, image, or number with 10 or fewer digits (punctuation of numbers does not increase the number of items of information). See figure 36-9-3(a)(4)a., Items of Information.
(b)
Calculations.
(1)
Generally. The calculations required by the regulations of article IX shall be according to the methodologies of this subsection.
(2)
Sign area.
a.
Generally. Sign area is calculated as the area within a continuous perimeter with up to eight straight sides that encloses the limits of text and graphics of a sign, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign's message from the background against which it is placed. The area excludes the structure upon which the sign is placed (unless the structure is an integral part of the display or used to differentiate it), but includes any open space contained within the outer limits of the display face of a sign, or between any component, panel, strip, or figure of any kind composing the display face, whether this open space is enclosed by a frame or border or not. See Figure 36-9-3(b)(2)a., Sign Area, Generally.
b.
Double-faced signs—For projecting, suspended, or other double-faced signs.
1.
Only one display face is measured if the sign faces are parallel or form an interior angle of less than 45 degrees, provided that the signs are mounted on the same structure. If the faces are of unequal area, then sign area is equal to the area of the larger face.
2.
Both display faces are measured if:
i.
The interior angle is greater than 45 degrees; or
ii.
The sign faces are mounted on different structures.
c.
Signable area. Signable area is calculated as follows:
1.
Wall signs. A two-dimensional area on the facade of a building that describes the largest square, rectangle, or parallelogram which is free of architectural details.
2.
Window signs. The area of glass within a window frame.
3.
Other signs. The area of the face of the sign which is designed to be used for text and graphics (the signable area does not include the sign's supporting frame or structure, if any, provided that such frame or structure is not designed to display text or graphics).
d.
Signable area ratio. Signable area ratio is the sign area divided by the signable area. It is expressed as a percentage.
e.
Relationship between maximum sign area and maximum signable area ratio. Where both a maximum sign area and a maximum signable area ratio are set out, the standard that results in polygram that encloses all of the text and graphics and framing that differentiates them from the wall.
(Ord. No. 19-2142, § 2, 4-15-19)
(a)
Prohibited signs and design elements.
(1)
Generally. This subsection identifies signs and sign elements that are not allowed anywhere in the village.
(2)
Prohibited signs.
a.
The following signs are prohibited in all areas of the village:
1.
Signs with more than two sign faces;
2.
Signs that are a traffic hazard because they simulate or imitate (in size, color, lettering, or design) any traffic sign or signal;
3.
Animated or moving signs that are visible from public rights-of-way, including any moving, swinging, rotating, flashing, blinking, scintillating, fluctuating, or otherwise animated light (except as allowed in section 36-9-8, Message centers);
4.
Vehicle signs;
5.
Portable signs, except as specifically permitted in section 36-9-7, Temporary signs;
6.
Billboards, except as provided in section 36-9-6; and
7.
Inflatable signs and signs otherwise animated or supported by manufactured air pressure.
b.
Other signs may be prohibited in certain districts. See section 36-9-5, Permanent signs, and section 36-9-7, Temporary signs, for requirements.
(3)
Prohibited design elements.
a.
The following elements shall not be used as an element of signs or sign structures, whether temporary or permanent:
1.
Sound, smoke, or odor emitters;
2.
Awnings that are back lit and/or made of plastic;
3.
Stacked products (e.g., tires, soft drink cases, bagged soil or mulch); and
4.
Unfinished wood support structures, except that stake signs may use unfinished stakes.
b.
The following elements shall not be used as an element of signs or sign structures, whether temporary or permanent, which are visible from public rights-of-way:
1.
Flags, banners, or comparable elements that are designed to move in the wind that are not affixed to permanent flagpoles or flagpoles that are mounted to buildings;
2.
Spinning or moving parts;
3.
Exposed reflective type bulb or strobe lights;
4.
Flashing lights;
5.
Motor vehicles, unless:
i.
The vehicles are functional, used as motor vehicles, and have current registration and tags;
ii.
The display of signage is incidental to the motor vehicle use; and
iii.
The motor vehicle is properly parked in a marked parking space or is parked behind the principal building.
6.
Semi-trailers, shipping containers, or portable storage units, unless:
i.
The trailers, containers, or portable storage units are functional, used for their primary storage purpose, and, if subject to registration, have current registration and tags;
ii.
The display of signage is incidental to the use for temporary storage, pick-up, or delivery; and
iii.
The semi-trailer is parked in a designated loading area or on a construction site at which it is being used for deliveries or storage.
(4)
Prohibited content.
a.
The following content is prohibited without reference to the viewpoint of the individual speaker:
1.
Text or graphics of an indecent or immoral nature and harmful to minors;
2.
Text or graphics that advertise unlawful activity;
3.
Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats; or
4.
Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs or signs that provide public safety information (for example, signs that use the words "Stop," "Yield," "Caution," or "Danger," or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).
b.
The narrow classifications of content that are prohibited by this subsection are either not protected by the United States or Illinois Constitutions, or are offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the board of trustees that each paragraph of this subsection (e.g., subsection 36-9-4(a)(4)a.1., 36-9-4(a)(4)a.2.), 36-9-4(a)(4)a.3., or 36-9-4(a)(4)a.4.) be individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be inconsistent with the United States or Illinois Constitutions.
(b)
Prohibited sign locations.
(1)
Generally. Attached signs shall be installed on signable areas of buildings, as defined by subsection 36-9-3(a), Measurements. Detached signs shall be set back as required by subsection 36-9-5(b), Detached signs. Signs that are in violation of this subsection are subject to immediate removal.
(2)
Prohibited obstructions. In no event shall a sign, whether temporary or permanent, obstruct:
a.
Building ingress or egress, including doors, windows, fire escapes, required exitway, and any window or door opening used as an element of a means of egress or to prevent free passage from one part of a roof to another part thereof or access thereto;
b.
Any opening required for ventilation, except that such signs may be erected in front of and may cover transom windows when not in violation of the provisions of the village building code;
c.
Features of the building or site that are necessary for public safety, including standpipes and fire hydrants;
d.
Within any sight triangle; or
e.
Sight distances that are required by the subdivision ordinance.
(3)
Prohibited mounts. No sign, whether temporary or permanent, shall be posted, installed, or mounted on any of the following locations:
a.
On trees; or
b.
On utility poles, light poles, or on utility cabinets, except signs posted by the Village or the utility that are necessary for public safety or identification of the facility by the utility provider.
(4)
Prohibited locations. In addition to the setback requirements of article IX, and the other restrictions of this section, no sign shall be located in any of the following locations:
a.
In or over public rights-of-way (which, in addition to streets, may include other elements, such as sidewalks, parkways, retaining walls, utility poles, traffic control devices, medians, and center islands that are within the public right-of-way), except:
1.
Traffic control signs installed by a governmental entity or which are required to be installed by a governmental entity (e.g., permanent traffic control devices such as stop, yield, and speed limit signs, as well as temporary signs related to street construction or repair);
2.
Signs posted by governmental entities that support event or emergency management, such as wayfinding to event or disaster relief locations;
3.
Banners posted by the village on utility or light poles according to the standards of subparagraph 36-9-4(b)(3) above;
4.
Signs constructed by the village or another governmental or quasi-governmental entity pursuant to terms and conditions set forth in an approved intergovernmental agreement with the village; and
5.
Signs specifically identified in a sign design program approved pursuant to section 36-9-4, General design and maintenance standards.
b.
In locations that have less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by the laws of the State of Illinois and the regulations duly promulgated by agencies thereof.
c.
Within easements for overhead utilities (placement in other utility easement areas is allowed only if approved by the utility service provider and if the other applicable requirements of this zoning ordinance are met).
(c)
Items of information. No sign face shall contain more than 20 items of information. Items of information are measured as provided in subsection 36-9-3(a), Measurements.
(d)
Illumination of signs.
(1)
Generally. Signs shall be internally illuminated or, if external illumination is used, the source of illumination shall be shielded.
(2)
Certification. All electrically illuminated signs shall be certified as to electric wiring and devices by the electrical inspector of the Village of Bourbonnais, and all wiring and accessory electrical equipment shall conform to the requirements of the National Electrical Code.
(3)
Photometric plans. The village may require applicants to submit photometric plans demonstrating compliance with this subsection as a condition to issuance of a sign permit.
(4)
Additional Permits. Electrical permits shall be issued for the erection or maintenance of illuminated signs.
(5)
Hours of illumination. Signs shall be turned off each day by the later of midnight or upon closing of the associated land use (signs may be turned back on at 5:00 a.m.).
(6)
Sign illumination. Signs shall not exceed the following illumination levels:
Table 36-9-4(d)(3)a.
Maximum Sign Illumination Standards
(e)
Sign maintenance.
(1)
Generally. Signs and sign structures of all types (attached, detached, and temporary) shall be maintained as provided in this subsection. Signs not maintained according to applicable standards are declared to be a nuisance.
(2)
Message. Signs shall display messages. Signs that do not display a message for a period of more than 30 days are abandoned.
(3)
Paint and finishes. Paint and other finishes shall be maintained in good condition. Peeling finishes shall be repaired. Signs with running colors shall be repainted, repaired, or removed if the running colors were not a part of the original design.
(4)
Mineral deposits and stains. Mineral deposits and stains shall be promptly removed.
(5)
Corrosion and rust. Permanent signs and sign structures shall be finished and maintained to prevent corrosion and rust. A patina on copper elements is not considered rust.
(6)
Level position. Signs that are designed to be level, whether temporary or permanent, shall be installed and maintained in a level position. See Figure 36-9-4(e)(6), Level Position.
(Ord. No. 19-2142, § 2, 4-15-19)
(a)
Attached signs.
(1)
Generally. There are many forms of attached signs. This section sets out which forms of attached signs are allowed in each zoning district and the standards that apply to them. Attached signs that are not listed in a table are not allowed as-of-right in any of the districts set out in the Table.
(2)
Residential districts.
a.
The standards of Table 36-9-5(a)(1), Permissible Attached Sign Types in Residential and Agriculture Districts, apply to multifamily and nonresidential uses in the districts that are set out in the Table.
b.
Attached signs are not allowed for home occupations, except for required address signs.
Table 36-9-5(a)(1)
Permissible Attached Sign Types in Residential Districts
(3)
Nonresidential districts. The standards of Table 36-9-5(a)(2), Permissible Attached Sign Types in Nonresidential/Mixed-Use Districts, apply in the districts that are set out in the table.
Table 36-9-5(a)(2)
Permissible Attached Sign Types in Nonresidential/Mixed-Use Districts
(b)
Detached signs.
(1)
Generally. There are many forms of detached signs. This subsection sets out which forms of detached signs are allowed in each zoning district, and the size and height standards that apply to them.
a.
A pole sign, the sign base of any monument sign must be a minimum of 40 percent or more of the width of the sign face that is to be situated upon the base. The location and allowance of a pole sign will receive an administrative review from the zoning commissioner.
(2)
Required setbacks. All detached signs shall be set back at least ten feet from all property lines. This zoning administrator may waive this standard if:
a.
The waiver would lower the elevation of the base of the sign by more than three feet and:
1.
The sign will be set back at least one foot from any property line;
2.
The sign will not encroach on any utility easement;
3.
The sign will not obstruct a required sight distance (see subdivision ordinance); and
4.
There is at least five feet of landscaped parkway between the edge of pavement and the property line; or
b.
The sign is a wayfinding sign used to identify a residential subdivision or development and:
1.
The sign will be set back at least one foot from any property line;
2.
The sign will not encroach on any utility easement;
3.
The sign will not obstruct a required sight distance (see subdivision ordinance) and
4.
The sign will not be located within the sight triangle.
Table 36-9-5(b)(1)
Permissible Detached Sign Types in Residential Districts
Table 36-9-5(b)(2)
Permissible Detached Sign Types in Nonresidential/Mixed-Use Districts
(3)
Freeway oriented commercial retail and mixed use developments.
a.
The village board finds that large retail or commercial developments that are adjacent to I-57 have unique needs for communicating their messages due to the high rate of speed of Interstate highway traffic, and the elevation of the Interstate compared to abutting properties. The regulations of subsection (b)(3)b., below apply to development in the I-57 overlay district that meets all of the following criteria:
1.
Unified commercial retail developments of more than 100,000 square feet of floor area, or mixed-used developments that contain more than 70,000 square feet of commercial retail floor area and more than 250,000 square feet of total floor area;
2.
A minimum area of the parcel proposed for development of 10 acres; and
3.
The parcel proposed for development directly abuts the I-57 right-of-way.
b.
Development that meets all of the criteria of subsection (b)(3)a., above, may display a monument sign or pole sign that is subject to the following standards:
1.
Maximum sign height: 32 feet.
2.
Point of measurement: The point of measurement for sign height is the centerline of I-57.
3.
Maximum sign area: 150 square feet.
4.
Setbacks and location: The sign shall be located in the yard that abuts I-57, and shall be set back at least 10 feet from all property lines.
5.
Minimum spacing from other freeway-oriented signs: 300 feet.
6.
The sign must be compatible with surrounding architecture in general appearance and materials.
7.
The sign shall also include landscaping in the form of shrubs, decorative grasses, perennials, or other ornamental materials around the base of the structure that are maintained by a subsurface irrigation system.
8.
The sign permitted by this subsection is in addition to the signs that are permitted by Table 36-9-5(b)(2), Permissible Detached Sign Types, Nonresidential and Mixed-Use Districts.
(Ord. No. 19-2142, § 2, 4-15-19; Ord. No. 22-2349, § 2, 8-1-22)
(a)
Generally. Except as provided in this section 36-9-6, billboards and off-premise signs are prohibited in the village.
(b)
Permitted locations. Billboards and off-premise signs may be erected, constructed, and repaired within 660 feet of the right-of-way line of Interstate 57 (I-57), subject to compliance with the following:
(1)
The property on which the billboard or off-premise sign will be located must be zoned B-1, B-2, I-57, M-1, M-2, or U-1; and
(2)
The billboard or off-premise sign is located at least 2,500 feet from any other billboard or off-premise sign, as measured from the base of the proposed billboard to the base of an existing billboard; and
(3)
The billboard shall:
a.
Measure no more than eight feet in height, as measured from the grade at the base of the billboard;
b.
Measure no more than 14 feet in length;
c.
Not be located within 15 feet of any property line; and
d.
Comply with all other provisions of this Code.
(Ord. No. 19-2142, § 2, 4-15-19)
(a)
General standards for freestanding temporary signs.
(1)
Generally. There are many forms of temporary signs. This section sets out which forms of temporary signs are allowed in each zoning district, and the size and height standards that apply to them. Sign types that are not listed in Table 36-9-7(a)(1), Permissible Freestanding Temporary Sign Types, Agricultural and Residential Zoning Districts, or Table 36-9-7(a)(2), Permissible Freestanding Temporary Sign Types, Nonresidential and Mixed-Use Zoning Districts, are not permitted as freestanding signs.
(2)
Setbacks. All temporary signs shall be set back at least five feet from all property lines, except as provided in subsection 36-9-7(b), Prevention of visual clutter in principal corridors. Temporary signs that are not visible from public rights-of-way or abutting property are not restricted by this section.
Table 36-9-7(a)(1)
Permissible Freestanding Temporary Sign Types in Residential Districts
Table 36-9-7(a)(2)
Permissible Freestanding Temporary Sign Types in Nonresidential/Mixed-Use Districts
(b)
Prevention of visual clutter in principal corridors.
(1)
Generally. The board of trustees finds that the proliferation of temporary signage along the principal corridors of the village causes visual clutter that is detrimental to the character of the community, and tends to be distracting to motorists. The board of trustees also finds that the application of this subsection does not restrict the ample alternative ways that residents and business owners may communicate their messages.
(2)
Corridor setback requirement.
a.
No temporary sign shall be placed within the right-of-way (as provided in subsection 36-9-4(b), Prohibited sign locations), or within 30 feet of the edge of pavement (whichever creates a greater setback from the edge of pavement), along the following street corridors:
1.
Armour Rd.
2.
Bourbonnais Parkway;
3.
Ill. St. Rte. 45/52;
4.
Ill. St. Rte. 50;
5.
Ill. St. Rte. 102; and
6.
William R. Latham Senior Dr.
b.
The setback requirement of this section shall not apply in the following circumstances:
1.
Where the front yard of any lot that is used or zoned for single-family residential purposes abuts any right-of-way identified in subparagraph 36-9-7(b)(2)a. above;
2.
Where an intervening private fence, wall, or other structure clearly delineates the boundary of private property outside of the prescribed public right-of-way, in which case the required setback shall include only the area up to and including the outside surface of such private fence, wall, or other structure; or
3.
Where the village or another jurisdiction installs traffic control, wayfinding, and other signs related to public safety.
(c)
Standards for attached temporary signs.
(1)
Generally. Attached temporary signs are permitted subject to the standards of this subsection, for a duration as set out in subsection 36-9-7(d), Duration of temporary signs.
(2)
Banners. Banners are permitted in the B-1, B-2, U-1, and I-57 districts, provided that:
a.
There is only one banner per tenant per principal building;
b.
The banner is attached to the principal building, and complies with the standards of subsection 36-9-4(b), Prohibited sign locations.
c.
The sign area on the banner is not larger than the sign area allowed for a wall sign on the building upon which the banner is attached.
(3)
Sock signs and temporary wall signs. Sock signs and temporary wall signs are permitted in B-1, B-2, U-1 and I-57 districts, and may be installed upon issuance of a building permit for a permanent sign, and may remain in place for not more than 30 days. Such signs shall have a sign area that is not more than 15 percent larger than that which is permitted for the permanent sign for which the permit application was filed.
(4)
Window signs. Temporary window signs are allowed in all locations where permanent window signs are allowed, provided that the transparency standards of subsection 36-9-5(a), Attached signs, are met.
(d)
Duration of temporary signs.
(1)
Generally. The purpose of temporary signs is to display messages for a temporary duration. Temporary signs shall not be used as a subterfuge to circumvent the regulations that apply to permanent signs or to add permanent signage to a parcel proposed for development in addition to that which is permitted for permanent signs by subsection 36-9-5(a), Attached signs and subsection 36-9-5(b), Detached signs.
(2)
Duration of display.
a.
In general, temporary signs shall be removed as of the earlier of the date that:
1.
A commercial message is obsolete and has become misleading or off-premises (e.g., a "for lease" or "for sale" sign in front of a building that is fully occupied);
2.
The sign falls into disrepair (see subsection 36-9-4(e), Sign maintenance); or
3.
The number of days set out in Table 36-9-7(d)(1), Duration of Detached Temporary Signs, or Table 36-9-7(d)(2), Duration of Attached Temporary Signs, expires.
Table 36-9-7(d)(1)
Duration of Detached Temporary Signs
Table 36-9-7(d)(2)
Duration of Attached Temporary Signs
(3)
Administrative interpretations. The board of trustees finds that materials technology is a rapidly evolving field of study, and that materials for signage that are not listed in Table 36-9-7(d)(1) Duration of Detached Temporary Signs or Table 36-9-7(d)(2) Duration of Attached Temporary Signs, may be introduced into the market. When an unlisted material is proposed, the zoning administrator shall determine to which class of materials the new material is comparable, based on the new material's appearance, durability, and colorfastness. No sign displays shall be longer in duration than the longest permitted display in Table 36-9-7(d)(1) Duration of Detached Temporary Signs or Table 36-9-7(d)(2) Duration of Attached Temporary Signs regardless of the material.
(4)
Exception for outdoor political campaign signs on residential property. Other than regulations as to size, nothing in this section prohibits the display of outdoor political campaign signs on residential property.
(Ord. No. 19-2142, § 2, 4-15-19)
(a)
Generally. Manual and electronic message centers may be used in detached signs and marquee signs to a limited degree, pursuant to the applicable standards of this section.
(b)
Electronic message centers. Electronic message centers may be incorporated into signage as follows:
(1)
Design requirements.
a.
Electronic message centers are only permitted on monument signs or marquee signs which enclose the electronic message center component on all sides with a finish of brick, stone, stucco, powder coated (or comparably finished) metal, or the surface of the sign face. The enclosure shall extend not less than six inches from the electronic message center in all directions.
b.
Electronic message centers shall make up not more than 50 percent of the sign area of a monument sign or 75 percent of the sign area of a marquee sign. The balance of the sign area shall utilize permanent, dimensional letters or symbols.
c.
No sign structure that includes a cabinet, box, or manual changeable copy sign may also include an electronic message center. See Figure 36-9-8(b)(2), Electronic Message Center Design Requirements.
d.
All electronic message center display components shall be full color with a minimum pitch resolution of 16 mm spacing or better (i.e. 10 mm, 12 mm, etc.)
(2)
Operational requirements. Electronic message centers:
a.
Shall contain static messages only;
b.
Shall display messages for a period of not less than eight seconds (multiple electronic message centers, if used on the same sign, shall be synchronized to change messages at the same time);
c.
Shall not use transitions or frame effects between messages; and
d.
Shall conform to the illumination standards as set forth in subparagraph 36-9-8(b)(3) below.
(3)
Illumination standards. The illumination standards set forth in this subparagraph 36-9-8(b)(3) shall apply to all electronic message center signs, including multi-tenant electronic message centers.
a.
Measurement criteria. The illuminance of an electronic message center shall be measured with an illuminance meter set to measure foot-candles accurate to at least two decimals. Illuminance shall be measured with the electronic message center off, and again with the electronic message center displaying a white image for a full color-capable electronic message center, or a solid message for a single-color electronic message center. Measurements shall be taken after sunset with the site fully illuminated by installed site lighting. All measurements shall be taken perpendicular to the face of the electronic message center at the distance determined by the total square footage of the electronic message center as set forth below:
1.
Large sign: 98 feet.
2.
Medium sign: 73 feet for symmetrical and asymmetrical sign types; 84 feet for horizontal sign type.
3.
Small Sign: 49 feet for symmetrical and asymmetrical sign type; 57 feet for horizontal sign type.
4.
Other sign sizes: Measurement Distance = √ (Area of Sign (in square feet) × 100).
b.
Electronic message center illumination limits. The difference between the off and solid-message measurements using the EMC Measurement Criteria shall not exceed 0.3 foot-candles on either side of the sign. If there is a difference in measurement of illumination levels on either side of the sign, the side of the sign facing residentially zoned properties shall take precedent.
c.
Dimming capabilities. All electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 foot-candle measurements.
d.
Photometric plan. The village may require applicants to submit photometric plans demonstrating compliance with this subparagraph as a condition to issuance of a sign permit.
(c)
Multi-tenant electronic message centers. Multi-tenant electronic message centers are intended to provide an opportunity for unified, multi-tenant developments to advertise on-site businesses through uniform sign designs subject to the requirements set forth in this subsection 36-9-8(c). Developments that do not meet the criteria set forth in this subsection 36-9-8(c) are permitted to display electronic message center signs in accordance with subsection 36-9-8(b).
(1)
Development eligibility requirements. Multi-tenant electronic message centers are permitted in mixed use or non-residential developments that meet all of the following criteria:
a.
Unified mixed use or non-residential development that meets the minimum floor area requirements as specified in Table 36-9-8(c), whether existing or proposed through an approved site plan, and contains at least ten existing or proposed tenants, storefronts, or businesses.
b.
The development must be located in the B-1, B-2, U-1, or I-57 districts.
c.
Through the sign permit application, the development must identify tenants, storefronts, and businesses eligible for signage on the multi-tenant electronic message center sign.
(2)
Sign design, location, and requirements. A mixed use or non-residential development that meets all of the criteria of subparagraph 36-9-8(c)(1), above, may display multi-tenant electronic message centers on signs that meet all of the following criteria:
a.
The sign shall conform to the sign prototypes and criteria set forth in Table 36-9-8(c).
b.
A maximum of one large sized multi-tenant electronic message center sign may be displayed per eligible development meeting the criteria in subparagraph 36-9-8(c)(1), except that a maximum of two large sized multi-tenant electronic message center signs may be displayed if the total square footage of existing floor area for the development exceeds 400,000 square feet and is adjacent to I-57.
c.
A maximum of one medium sized multi-tenant electronic message center sign may be displayed per eligible development meeting the criteria inn subparagraph 36-9-8(c)(1).
d.
All electronic message center display components shall be full color with a pitch resolution of no greater than 16 mm spacing (e.g. 12 mm, 10 mm are acceptable).
e.
The sign must meet the minimum setback requirements set forth in Table 36-9-8(c).
f.
The sign must be located adjacent to the rights-of-way specified in Table 36-9-8(c) under "Eligible ROW Frontage."
(3)
Operational requirements. Multi-tenant electronic message centers:
a.
Shall contain static messages only;
b.
shall display messages for a period of not less than eight seconds;
c.
Shall not use transitions or frame effects between messages;
d.
Shall meet the illumination standards set forth in subparagraph 36-9-8(b)(3); and
e.
No more than four separate images on the electronic message center display shall be displayed at any given time.
Table 36-9-8(c)
Multi-tenant EMC Requirements
(d)
Manual changeable copy message centers. Manual changeable copy signs may be incorporated into signage as follows:
(1)
Manual changeable copy message centers are only permitted on monument signs or marquee signs which enclose the message center component on all sides with a finish of brick, stone, stucco, powder coated or comparably finished metal, or sign face that extends not less than six inches from the message center in all directions. Gaps between the message center and the finish are permitted to accommodate locks and hinges for a cover for the changeable copy area, but only to the extent necessary for such locks and hinges to operate.
(2)
Manual changeable copy message centers, including their frames, shall make up not more than 50 percent of the sign area. The balance of the sign area shall utilize permanently affixed letters or symbols. See Figure 36-9-8(d)(1) Manual Changeable Copy Centers.
(3)
Manual changeable copy message centers shall not be internally lit unless:
a.
They use opaque inserts with translucent letters, numbers, or symbols (see Figure 36-9-8(d)(2), Changeable Copy Inserts);
b.
Blank opaque inserts that are the same color as the opaque portions of the letters, numbers, and symbols are used over all areas of the sign where copy is not present; and
c.
The opaque portion of the letters, numbers, and symbols is the same color.
(Ord. No. 19-2142, § 2, 4-15-19)