This chapter is established to create the standards for a comprehensive and balanced system of sign regulations for the following purposes:

   A.   To encourage, as a means of communication in the village of Broadview, the employment of signs which are:

      1.   Compatible with their surroundings.

      2.   Appropriate to the type of activity to which they pertain.

      3.   Expressive of the identity of individual proprietors.

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

      5.   Respectful of the reasonable rights of other sign owners.

   B.   To preserve, protect and promote the public health, safety and welfare.

   C.   To improve pedestrian and traffic safety.

   D.   To maintain and enhance community appearance and the village's ability to attract sources of economic development by promoting the reasonable, orderly and effective display of signs.

   E.   To minimize the possible adverse effect of signs on nearby public and private property.

   F.   To preserve the value of private property by assuring the compatibility of signs with surrounding land uses.

   G.   To ensure that signs are designed as integral architectural elements of the building and site to which they principally relate. (Ord. 2001-08A, 4-2-2001)

No sign in the village of Broadview shall be constructed, erected, converted, altered, rebuilt, enlarged, remodeled, relocated or expanded until a permit for such sign has been obtained in accordance with the standards and procedures set out in this chapter. However, no permit shall be required for routine maintenance as defined herein. (Ord. 2001-08A, 4-2-2001)

The definitions noted below apply uniquely to this chapter and supersede any conflicting definitions found in the zoning ordinance. Many of these definitions are graphically depicted in the diagrams included in this section.

ANIMATED SIGN: Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

AWNING: A structure made of cloth, metal or other material affixed to a building in such a manner that the structure may be permanently affixed or affixed in such a manner that it may be raised or retracted to a position against the building.

AWNING SIGN: Any sign that is painted, printed or otherwise placed on the outer surface of an awning in such a manner that the awning forms the background surface of the sign.

BANNER SIGN: Any temporary sign of lightweight fabric or similar material that is attached to a pole or building and secured on at least two (2) sides. National flags, state or municipal flags, shall not be considered banners.

CANOPY AND MARQUEE SIGNS: A sign that is mounted or painted on, or attached to, a canopy or marquee.

CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign for purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this chapter.

CHANGEABLE COPY SIGN, ELECTRONIC: A type of sign or portion thereof that is capable of displaying words, symbols or alphanumeric characters which are defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices that can be electronically or automatically programmed and may be changed by remote or automatic means. The following terms for such electronic changeable copy signs shall be defined as follows:

   A.   Dissolve: A mode of message transition on an electronic changeable copy sign accomplished by varying the light intensity or pattern, where one message gradually appears to dissipate and lose legibility simultaneous to the gradual appearance and legibility of a subsequent message.

   B.   Fade: A mode of message transition on an electronic changeable copy sign accomplished by varying the light intensity, where one message gradually reduces intensity to the point of not being legible and a subsequent message gradually increases intensity to the point of legibility.

   C.   Nits: A luminance unit equal to one candle per square meter measured perpendicular to the rays from the source.

   D.   Scroll: A mode of message transition on an electronic changeable copy sign where the message is changed by the apparent vertical movement of the letters or graphic elements of the message.

   E.   Static: Graphics on an electronic changeable copy sign having no motion or movement of any type.

   F.   Travel: A mode of message transition on an electronic changeable copy sign where the message is changed by the apparent horizontal movement of the letters or graphic elements of the message.

   G.   Transition: A visual effect used on an electronic changeable copy sign to change from one message to a subsequent message.

COMMERCIAL MESSAGE: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

COMPREHENSIVE SIGN PLAN: A sign plan approved by the plan commission indicating the size and location of all signs to be located in a unified business center.

CONSTRUCTION SIGN: A sign announcing the impending construction of a project, limited to displaying the name of the project, the developer, the financial institution providing the finance, the designer(s), the general contractor, a phone number where more information may be obtained, and a date announcing the planned completion of the project.

ERECT: To build, construct, attach, hang, rehang, place, affix, or relocate and includes the painting or lettering of a sign.

EXTERNAL ILLUMINATION: Illumination of a sign which is produced by an artificial source of light which is not contained within the sign itself.

FACADE: Any side, surface or wall below the roof of a building which is parallel or within forty five degrees (45°) of parallel with a parcel's frontage on a public thoroughfare, which faces toward and relates to that public thoroughfare. If a building has a complex shape, then all walls or surfaces facing in the same direction, or nearly the same direction, are part of a single facade.

FLAG: Any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

FLASHING SIGN: A directly or indirectly illuminated sign where the source of illumination is not maintained constant or stationary in the intensity or color at all times when such sign is in use.

FOR SALE/FOR LEASE/FOR RENT SIGNS: A sign which directs attention to a housing, office, or retail development with space for sale, lease or rent.

FREESTANDING SIGN: Any sign not attached to a building; primarily ground signs, pole signs, pylon signs, and portable signs.

GARAGE/YARD SALE SIGN: Any sign used in residential zoning districts to advertise the sale of used, unwanted household goods.

GASOLINE STATION: A premises where motor fuels are sold for direct use by motor vehicles.

GRADE: Established or finished elevation measured at the center line of the adjacent street.

GROUND SIGN: Any detached sign which has its bottom portion erected upon or mounted on a base that is permanently set on the ground that is at least as wide as the bottom side of the sign. Ground signs are also commonly known as monument signs.

HISTORIC SIGN: A sign at least thirty (30) years old and which, by reason of unique design, size configuration, or its product's/company's long association with the village, is of extraordinary local significance, makes a contribution to the cultural, historic, or aesthetic quality of the village's streetscape.

IDENTIFICATION SIGN: A sign where the text gives the name and address of a building, business, development, or establishment. Such a sign may also be wholly or partly devoted to a readily recognized symbol.

ILLUMINATED SIGN: Any sign which is lit by an artificial (usually electric) light source.

INFLATABLE SIGN: Any sign or inflatable device of more than two (2) cubic feet in capacity designed to be filled with air or a gas lighter than air, displayed to attract the attention of the public. This definition shall include balloons and balloon signs.

INSTRUCTIONAL SIGN: A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking", "entrance", "loading only", and other similar directives.

INTERNAL ILLUMINATION: The illumination of a sign which is produced by an artificial source of light concealed or contained within the sign itself, and which becomes visible in darkness through the translucent portion of the sign face.

MARQUEE: Any hood or roof-like structure of permanent construction supported entirely by the building, and projecting from the building's wall.

MOVIE OR LIVE ENTERTAINMENT THEATER: A fully enclosed building with fixed or movable seats arranged in an auditorium fashion, where motion pictures or live entertainment acts are presented.

NONCONFORMING SIGN: Any sign that does not conform to the requirements of this title.

OFF-SITE SIGN: Any general outdoor advertising sign, which is designed to advertise or direct attention to a business or activity conducted or a product, commodity, service, real property, entertainment, or facilities offered or sold elsewhere than on the same lot or within the same building upon which the sign is located or to which it is affixed, or which directs persons to a location different from where the sign is installed. The term "billboard" shall be included in this definition.

OFFICER: The building inspector of the village of Broadview.

PERSON: Any individual, firm, partnership, association, corporation, company, organization, or partnership, singular or plural, of any kind.

POLE SIGN: A sign mounted on one or more freestanding pole(s) or pylons.

POLITICAL SIGN: Any sign displayed in conjunction with an official election or referendum, used on behalf of candidates for elected public office or to advocate a position on referenda.

PORTABLE SIGNS: Any sign attached to or mounted upon a frame intended to be moved from place to place.

PROJECTING SIGN: A sign wholly or partly dependent upon a building for support, and which projects more than twelve inches (12") in a perpendicular fashion from such building.

RESIDENTIAL REAL ESTATE SIGN: A sign used to advertise the sale, lease or rent of an individual home, apartment or property located in a residential zoning district.

RESIDENTIAL SIGN: Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located.

ROOF SIGN: A sign mounted on the roof of a building.

SIGN: A name, identification, description, display, message, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business.

SIGN CONTRACTOR: A person or entity who performs work for compensation in connection with the erection, construction, enlargement, alteration, repair, moving, improvement, maintenance, conversion or manufacture of any sign.

SIGN STRUCTURE: The sign and all parts associated with its mounting.

SIGN SUPPORTS: All structural features by which a sign is held up, including, for example, poles, braces, guys, and anchors.

SIGN SURFACE AREA: The total exposed surface within a continuous perimeter composed of a single rectangle enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures, together with any material, or color used as an integral part of the display or to differentiate the sign from the background on which it is placed.

SUSPENDED SIGN: A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

TEMPORARY SIGN: Any sign designed, constructed, or erected to display a message for a limited duration of time. Such signs include, but are not limited to: banner, beacon or searchlight, garage/yard sale, grand opening, political, portable, real estate, and special event signs, as well as any other sign which by its definition and application in this chapter is designated as a temporary sign.

UNIFIED BUSINESS CENTER: Premises containing three (3) or more individual offices or businesses sharing a common building.

VILLAGE: The village of Broadview, Cook County, Illinois.

VILLAGE BOARD: The mayor and trustees of the village of Broadview.

WALL SIGN: Any sign attached parallel to and supported by a wall or building, and within six inches (6") of such wall, or painted on the wall surface of any building.

WINDOW AREA: Any transparent area on a facade through which the interior of a premises may be viewed from outside.

WINDOW SIGN: Any sign which is affixed or placed so that its message or image is read as a part of the total composition of a window area.

ZONING LOT OR LOTS: A single tract of land which is designated by its owner or developer as a tract to be used, developed or built upon as a single unit, under single control or ownership. It may be a single parcel separately described in a deed or plat which is recorded in the office of the county recorder of deeds, or it may include parts of or a combination of such parcels when adjacent to one another and used as one lot.

(Ord. 2001-08A, 4-2-2001; amd. Ord. 13-02, 1-22-2013)

The following signs shall be exempt from all but the maintenance and public safety requirements of this chapter:

   A.   Government Signs: Any public notice, warning, directional, and other instructional or regulatory signs required by a valid and applicable federal, state, or local law, regulation, or ordinance.

   B.   Interior Signs: Any sign inside a building, not attached to a window or door, which cannot be read from vehicles passing on adjoining streets.

   C.   Nonsign Decorations: Temporary displays, including holiday lights, decorations, painted window areas, works of art, flags (not exceeding 50 square feet), memorial signs, religious or historic symbols, and other displays with no commercial message.

   D.   Traffic Control Signs: On private property, such as stop, yield, and similar signs which meet Illinois department of transportation standards, and which contain no commercial message.

   E.   Memorial Signs: Memorial signs or tablets listing names or buildings and date of erection, when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other incombustible material.

   F.   Directional And Warning Signs: Signs, not exceeding five (5) square feet in area, which provide instruction, direction or warning and are located entirely on the property to which they pertain to identify restrooms, public telephones, walkways, parking lot entrances and exits, and features of a similar nature or with respect to warnings, "no trespassing", "no dumping", and similar warning signs. Parking lot entrance and exit signs shall not exceed five feet (5') in height.

   G.   Business Nameplates: Nonelectrical nameplates denoting the business name of an occupation legally conducted on the premises, provided that the sign area does not exceed two (2) square feet in area, provided that no more than one sign per principal use may be erected.

   H.   Vending Machine Signs: Permanent, nonflashing signs on vending machines, gasoline pumps, ice containers, automated teller machines, or other similar machines. Such signs shall relate only to that which is dispensed by the machine. Such signs may be illuminated only on the front. Logos, names or other promotional information shall be considered the permitted sign. (Ord. 2001-08A, 4-2-2001)

   A.   Administrative Officer: The building inspector of the village of Broadview is designated to administer this chapter.

   B.   Permit Requirements:

      1.   Permit Required: Unless otherwise exempted in this chapter, no sign shall be erected, structurally or graphically altered, or relocated without having first obtained a valid permit for such sign, issued by the village. No permit shall be required for routine maintenance of a sign.

      2.   Permit Application: Application for permits to erect, construct, or alter a sign shall be submitted on a form and in the manner prescribed by the building inspector. Each application shall be signed by the owner of the sign and the owner of the property upon which it is to be located. Applications for permits shall be accompanied by such information as may be required to assure compliance with all applicable regulations. Information shall be submitted in eight and one-half inch by eleven inch (81/2" x 11") format for easy duplication. Submission requirements shall include:

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

         b.   A drawing or drawings indicating the location of the building, structure or lot to which or upon which the sign or advertising structure is to be attached or erected;

         c.   A drawing or photograph showing the position of the sign or advertising structure in relation to structures;

         d.   Two (2) prints of the drawings and specifications, and color renderings for the proposed sign or advertising structure, including the methods of construction, illumination, materials and attachment to the buildings or in the ground. Such drawings must include all text and graphics proposed on the sign, drawn to scale with dimensions; legal nonconforming signs can satisfy this requirement by submitting a photograph of the sign;

         e.   If required by the building inspector, a copy of a statement by a registered professional engineer indicating that said sign meets structural and wind pressure requirements, and will not pose a public health or safety threat;

         f.   Name of person, firm, corporation or association responsible for erecting the sign or advertising structure;

         g.   Written consent of the owner or agent of the zoning lot on which the sign or advertising structure is to be erected;

         h.   A completed application for any electrical permit required to be issued for said sign or advertising structure;

         i.   A master sign plan documenting all existing signs on the zoning lot, including their type and area, location, and the occupant of the site to which each sign pertains;

         j.   Any additional information as the building inspector shall require to show full compliance with this and all other applicable chapters of this code; and

         k.   A landscape plan, including proposed location, quantity, size, and species of required landscape improvements. (Ord. 2001-08A, 4-2-2001)

   C.   Application Review Procedures:

      1.   The following procedure must be followed for approval of a sign permit:

         a.   Building Commissioner Approval: Applications for all new permanent signs not previously located on the zoning lot, changes to existing signs, and temporary signs requiring a permit shall be reviewed and approved or denied by the building commissioner.

         b.   Planning Commission: Appeals from decisions of the building commissioner, and all variances to this chapter shall be considered by the planning commission. All recommendations of the planning commission shall be referred to the village board for consideration. (Ord. 2005-20, 8-1-2005)

   D.   Inspection Procedures:

      1.   Preinstallation Inspection: The person responsible for the installation of a sign shall schedule with the building inspector a preinstallation inspection prior to installing any sign requiring a permit. Such inspection shall include a footing inspection, if applicable, and confirmation of the other details of mounting and placement.

      2.   Final Inspection: The person responsible for the installation of a sign shall notify the building inspector upon completion of the work to schedule a final inspection.

      3.   Six Month Deadline: If the work authorized under a permit has not been completed within six (6) months after the date of issuance, the permit shall be null and void.

   E.   Variations: It is the intent of this section to permit variations from the requirements of this chapter only so as to recognize unusual hardships and make reasonable accommodations for them.

      1.   Petition For Variation: A petition for a variation from any provision(s) of this chapter may be made by any person having a proprietary interest in the sign for which such variation is requested.

         a.   Petition Contents: A petition for a variation shall be filed in writing with the building inspector and shall be accompanied by such documents and information as are necessary to clearly exhibit the practical difficulty for which the variation is necessary, including:

            (1)   The names, addresses, and telephone number of the petitioner, the owner of the property on which the sign is to be erected or affixed, the owner of the sign, and the person responsible for erecting or affixing the sign.

            (2)   A description of the requested variation, including reference to the section of this chapter from which relief is requested.

            (3)   Justification of the requested variation.

            (4)   The location of the premises on which the sign is to be erected or affixed.

            (5)   A site plan of the premises involved, showing accurate placement thereon of the proposed sign.

            (6)   A print of the drawings and specifications describing the sign to be erected or affixed and method of construction and attachment to the building or in the ground. Such drawings and specifications shall include details of dimensions, materials, color, and weight.

            (7)   The written consent of the owner of the premises on which the sign is to be erected or affixed.

            (8)   A fee, as determined by ordinance adopted by the village board from time to time, to be paid at the time of filing of the petition for variation.

      2.   Hearing: The planning commission shall hold a public hearing on the petition for variation within thirty (30) days of receipt of a completed written application.

         a.   Hearing Notice: Notice shall be given of the time, place and purpose of the public hearing.

         b.   Required Attendance: The petitioner or its authorized representatives shall attend the meetings of the board at which the variation is to be heard.

         c.   Decision: Within fifteen (15) working days of the close of the required public hearing on the variation, unless otherwise agreed to by the petitioner, the planning commission shall prepare and submit written findings, and by a majority vote, issue a recommendation to grant, deny, wholly or in part, or modify said variation. Such recommendation will then be referred to the village board for final consideration.

      3.   Standards: Variations shall only be approved to overcome an exceptional condition which poses practical difficulty or particular hardship in such a way as to prevent the display of a sign as intended by this chapter or to preserve an historic sign with unique visual character. No variation shall be granted unless the board finds that the petition meets each of the following standards:

         a.   Unique Hardship: The proposed variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship which would result if the strict letter of the regulations were carried out and which is not generally applicable to other property within the village.

         b.   Reasonable Return: The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this chapter.

         c.   Hardship Not Self-Created: The alleged hardship has not been created by the petitioner nor any person presently having a proprietary interest in the premises.

         d.   Consistent With Public Welfare: The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood. The proposed variation will not by itself or with other signs contribute to the creation of visual distraction which may lead to personal injury or a substantial reduction in the value of property.

         e.   Graphic Effectiveness Demonstrated: The petitioner has demonstrated that all reasonable efforts (utilizing color, contrast, lettering legibility, illumination, and graphic composition) have been made to increase the reading effectiveness of the proposed sign within the normal requirements of this chapter.

         f.   Consistent With Sign Ordinance Intent: The proposed variation is in harmony with the intent, purpose, and objectives of this chapter.

      4.   Conditions: Such conditions and restrictions may be imposed on the premises to be benefited by a variation as may be necessary to comply with the standards set forth herein, to reduce or minimize any injurious effect of such variation on other property in the neighborhood, and to implement the general intent, purpose, and objectives of this chapter.

      5.   Revocation: In any case where a variation has been granted, and where no work pertinent thereto has been initiated within six (6) months from the date of approval of the requested variation, then without further action said variation shall become null and void. (Ord. 2001-08A, 4-2-2001)

   A.   Applicable Regulations: In addition to the provisions of this chapter, all signs must conform to the regulations and standards of all other applicable chapters of this code.

   B.   Commercial Message Location: A sign which displays a commercial message is permitted only on the premises where the business, profession, accommodation, commodity, service, entertainment, or other commercial activity represented on the sign is located.

   C.   Obstruction To Doors, Windows, Or Fire Escapes: No sign or advertising structure shall be erected, relocated or maintained so as to prevent or inhibit free ingress to, or egress from, any door, window or fire escape, or inhibit the use of fire protection systems. No sign or advertising structure shall be attached to a standpipe or fire escape. No sign shall interfere with any opening required for ventilation.

   D.   Glass Limitation: Any glass forming a part of any sign shall be safety glass or its equivalent as approved by the building inspector, and of such thickness as required to withstand wind loads.

   E.   Movable Sign Parts: No sign or its parts shall be permitted to be movable or rotating, nor shall any sign have illuminated effects which convey the illusion of movement.

   F.   Items Secured: All manually movable items on a sign, such as covers to service openings, shall be secured by latches.

   G.   Location:

      1.   No freestanding sign shall be located within a triangular area established at the intersection of two (2) streets or a street and a driveway in which nothing is erected, planted, placed, or allowed to grow so as to limit or obstruct the sight distance of motorists. Such a triangle shall have legs of twenty five feet (25') along the rights of way when two (2) streets intersect, and ten feet (10') along the right of way and driveway when a street and driveway intersect.

      2.   No sign shall be allowed to encroach upon the public right of way or public property, except as permitted under section 10-9-14 of this chapter.

      3.   No sign facing the side or rear lot line of an abutting residentially zoned lot shall be located within fifty feet (50') of that residential lot line.

   H.   Illuminated Signs: All illuminated signs shall be subject to the following requirements:

      1.   Signs shall be shaded wherever necessary to avoid casting bright light upon property located in any residential district or upon any public street or park. Any illuminated sign located on a lot adjacent to or across the street from any residential district, which sign is visible from such residential district, shall not be illuminated between the hours of twelve o'clock (12:00) midnight and seven o'clock (7:00) A.M.

      2.   Internally illuminated signs shall permit light to shine fully through only the lettering and graphic elements of the sign. The background for such lettering and graphics shall be opaque or translucent and shall transmit light at a level substantially less than that transmitted through the lettering and graphics.

   I.   Traffic Safety: In order to ensure reasonable traffic safety, it shall be unlawful to erect or maintain any fluttering, undulating, swinging, rotating, blinking, or flashing sign or attention gathering device. No sign or advertising structure shall be erected, installed or maintained in such a manner as to obstruct free and clear vision, or as to distract the attention of the driver of any vehicle by reason of position, shape, color or lighting thereof.

No sign or advertising structure shall be erected or maintained in such a manner as to be likely to interfere with, obstruct the view of, or imitate, resemble, or be confused with any authorized traffic sign, signal or device. Accordingly, no sign or advertising structure shall make use of the words "stop", "go", "slow", "look", "caution", "warning", "danger", or any similar word, phrase, symbol, or character, or employ any red, yellow, orange, green or other colored lamp or light, in such a manner as to interfere with, mislead or confuse traffic.

   J.   Sign Area Bonus: The replacement of nonconforming signs shall be encouraged through a bonus of ten percent (10%) applied to the allowable area for individual signs if permits for the replacement of all legal nonconforming signs on a premises are requested and approved prior to January 1, 2001.

   K.   Landscape Requirements: The following requirements must be included on plans that are submitted as a part of a sign permit application:

      1.   For every one square foot of gross sign area, there shall be provided one square foot of landscape area adjacent to the sign.

      2.   The required landscape area shall complement the sign and consist of plantings such as deciduous or evergreen shrubs, flowering plants, and ground cover. Sodded or seeded areas shall not qualify as part of the landscaped area.

      3.   All landscape areas shall be mulched to conserve moisture and minimize weed growth.

      4.   It shall be the duty of the property owner to maintain all such landscaped areas in a neat and proper manner. (Ord. 2001-08A, 4-2-2001)

The following principles shall control the computation of sign area and sign height:

   A.   Computation Of Area Of Individual Signs: The area of a sign face shall be the total exposed surface within a continuous perimeter composed of a single rectangle enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures, together with any material, or color used as an integral part of the background of the display, or to differentiate the sign from the background on which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

   B.   Computation Of Area Of Multifaced Signs: The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two (2) identical sign faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty two inches (42") apart, the sign area shall be computed by the measurement of one of the faces.

   C.   Computation Of Height: The height of a sign shall be the measurement from the top of the highest element of the sign to: 1) the average level of the finished ground surface, exclusive of any filling or mounding, around any sign located more than twenty five feet (25') from a street right of way; 2) the established street elevation when the sign is located within twenty five feet (25') from one street right of way; or 3) the average of all street elevations when the sign is located within twenty five feet (25') from more than one street right of way. (Ord. 2001-08A, 4-2-2001)

The following signs shall be permitted in residential zoning districts, and shall be subject to all applicable standards:

   A.   Exempt signs as specified in section 10-9-4 of this chapter.

   B.   The following temporary signs as specified and regulated in section 10-9-12 of this chapter:

      1.   Window signs.

      2.   Residential real estate signs.

      3.   Political signs.

      4.   Garage/yard sale signs.

      5.   Construction signs.

   C.   One identification sign, not to exceed fifty (50) square feet in total surface area for the following uses: religious institution, private or public school, and facilities constructed and maintained by any taxing district. Such a sign may be illuminated, shall not exceed ten feet (10') in height, and shall be set back a minimum of ten feet (10') from any lot line. Two (2) such identification signs may be erected at entrances to the facility if the permitted square footage is divided equally into two (2) symmetrical signs, provided that all other provisions of this chapter are met. (Ord. 2001-08A, 4-2-2001)

The following signs shall be permitted in nonresidential zoning districts, and shall be subject to all applicable standards:

   A.   Freestanding signs shall be permitted, subject to the following provisions:

      1.   Number: There shall be a limit of one freestanding sign per lot, shopping center, shopping center outlot, or unified business center; i.e., either one pole sign or one ground sign, which shall be erected for the purpose of identifying the establishment. (Ord. 2001-08A, 4-2-2001)

      2.   Height: No pole sign shall exceed twenty five feet (25') in height from grade, and no ground sign shall exceed ten feet (10') in height from grade. (Ord. 2005-10, 4-4-2005)

      3.   Surface Area: No pole or ground sign shall exceed a maximum surface area of one hundred (100) square feet.

      4.   Setback: No freestanding sign shall be located closer than one foot (1') to any property line.

      5.   Ground Clearance: All pole signs shall maintain a ground clearance of seven feet (7') from the grade to the bottom side of the sign.

      6.   Scale And Proportion: A pole or ground sign shall be compatible with the building or buildings it identifies, and the sign may not be of such a size that it visually overpowers the building on the site.

      7.   Overhang: No pole sign may overhang any part of a structure, parking or loading space, driveway, or maneuvering aisle.

      8.   Illumination: Pole signs may only be internally illuminated. Ground signs may be internally or externally illuminated.

      9.   Tenant Identification Panels: Provision for identifying tenants within a shopping center or unified business center as part of the permitted square footage of the sign identifying the shopping center or unified business center as a whole shall be permitted, provided that there shall be a limit of two (2) panels or divisions of said sign for such purposes. (Ord. 2001-08A, 4-2-2001)

      10.   Menu Board Signs: In addition to the one permitted freestanding sign, single faced menu board signs may be permitted for restaurants provided such signs do not exceed twenty four (24) square feet in surface area or eight feet (8') in height. Menu board signs shall only be permitted in business zoning districts, and shall only be internally illuminated. (Ord. 2006-15, 6-5-2006)

   B.   Wall signs shall be permitted, subject to the following provisions:

      1.   Location: A wall sign shall be erected upon the wall of the building facade having its principal frontage upon a public street. A wall sign may be on the building facade other than the principal frontage if it faces a nonresidential district and the total square footage does not exceed the total permitted on the principal frontage. In no case shall a wall sign be permitted that faces the side of any adjoining lot located in a residential zoning district.

      2.   Number: A maximum of one wall sign per establishment shall be permitted, erected for the purpose of identifying the establishment, subject to the following provisions:

         a.   No wall signs shall be permitted for individual tenants in a multi-story or multi-tenant office building, unless specifically authorized as part of an approved PUD at the time of approval of said PUD.

         b.   A corporate logo shall be permitted, but shall count as the permitted wall sign if it is not incorporated into the wall sign.

      3.   Height: The maximum height of a wall sign shall be thirty feet (30') from grade, or two (2) stories, whichever is less, but in no case shall any portion of such sign be extended above the roofline.

      4.   Surface Area: In the C-2, I, O/I and M zoning districts, the surface area of a wall sign shall not exceed two (2) square feet per one linear foot of store frontage, or one hundred fifty (150) square feet, whichever is less. In the C-1 zoning district the surface area of a wall sign shall not exceed one and one-half (11/2) square feet per one linear foot of store frontage, or one hundred (100) square feet, whichever is less.

      5.   Projection: No wall sign shall project from the building wall more than twelve inches (12").

      6.   Shape: The outlined shape and silhouette of a wall sign shall be simple and compatible with the building facade it is mounted on. Shapes that disrupt the architectural order and composition of a building facade are not acceptable.

      7.   Scale And Proportion: Wall signs shall be harmonious in scale and proportion with the building facade they are mounted to and with the architectural elements of the building, such as windows, cornices, sign friezes, and bays. A wall sign shall not visually overpower those elements nor detract from the composition of the building facade.

      8.   Overhang: The edges of wall signs shall not overhang the top of bays or equivalent architectural features of building facades.

      9.   Illumination: Wall signs may be internally or wash-lighting illuminated. Wash lighting shall be accomplished by individual fixtures recessed in horizontal housing above the sign or by gooseneck lights shielded by metal shades. Wash-lighting fixtures must be positioned at least three feet (3') apart and provide even lighting.

      10.   Corner Units: Establishments occupying a corner unit in a building shall be entitled to have two (2) wall signs, one per wall, each adhering to all of the other standards in this subsection, provided that:

         a.   The primary wall sign shall be deemed to be that which is located on the side of the unit that has the legal address or the principal entrance for the general public.

         b.   The surface area of the secondary wall sign shall not exceed that of the primary wall sign.

         c.   The location of the secondary wall sign is not adjacent to any residential dwelling unit or vacant property located in a residential zoning district.

         d.   Both sides of the corner unit face a public street. Signs facing a service drive, loading dock entrance, or the like shall be prohibited.

      11.   Mansard Roofs: Signs to be erected upon mansard roofs shall be treated as wall signs, and shall be single-faced. In no case shall the roof or a portion of the roof itself be illuminated.

   C.   Canopy, under-canopy, and marquee signs shall be permitted subject to the following provisions:

      1.   Number: There shall be a limit of one canopy or one marquee sign per lot or per establishment, erected for the purpose of identifying the establishment, except as otherwise provided for in this subsection, and provided that no wall signs are directed to the same street frontage.

      2.   Location: Canopy/marquee signs may be mounted on the face (vertical edges only) of the canopy/marquee proper.

      3.   Signable Area: The signable area for canopy/marquee signs shall not extend beyond the canopy/marquee face on which the sign is located. No sign or portion of a sign shall exceed the borderline of any outer edge of said canopy/marquee. No sign shall be placed on or over the roof of said canopy/marquee.

      4.   Surface Area: The surface area of a canopy/marquee sign shall not exceed ten (10) square feet, or thirty percent (30%) of the signable wall area of a canopy/marquee attached to the building front, whichever is greater. A multiple-bay canopy/marquee, such as drive-up lanes at a financial institution, may have a sign for each bay, provided that the sum total of all such signs does not exceed thirty percent (30%) of the surface area of the face of the canopy/marquee that faces a public street or private drive.

      5.   Projection: No canopy/marquee sign shall project more than eight inches (8") from the canopy/marquee proper.

      6.   Ground Clearance: A clearance of eight feet (8') shall be maintained from the lowest point on the canopy/marquee to the grade or walkway under said canopy/marquee.

      7.   Shape: The outlined shape and silhouette of a canopy/marquee sign shall be simple and compatible with the building it is mounted on. Shapes that disrupt the architectural order and composition of a building facade are not acceptable.

      8.   Scale And Proportion: Canopy/marquee signs shall be harmonious in scale and proportion with the building they are mounted to and with the architectural elements of the building, such as windows, cornices, sign friezes, and bays. A canopy/marquee sign shall not visually overpower those elements nor detract from the composition of the building facade.

      9.   Material: Canopy/marquee signs shall be constructed of a noncombustible type material.

      10.   Illumination: Canopy/marquee signs may only be internally illuminated.

      11.   Under-Canopy Signs: In addition to the signs permitted in this subsection, one under-canopy sign shall be permitted to be erected above a general public entrance into the establishment in order to identify said establishment, provided that:

         a.   A minimum clearance of eight feet (8') from the walkway is maintained.

         b.   Such signs shall be placed perpendicular to the building, with the top edge of the sign fastened to the bottom edge of the canopy.

         c.   Such signs shall not exceed three (3) square feet in surface area.

         d.   Such signs may only be internally illuminated.

         e.   A limit of one sign per establishment shall be permitted.

   D.   Awning signs shall be permitted subject to the following provisions:

      1.   Location: Individual letters, words, or symbols may be directly affixed or applied to any surface of an awning, generally by painting, printing, or weaving. Signs shall not be constructed of or applied to other material which are then fastened to the awning.

      2.   Surface Area: Provided that no wall signs or canopy/marquee signs are directed to the same street frontage, the surface area of an awning sign shall not exceed thirty percent (30%) of the exterior surface area of an awning. If wall, canopy, or marquee signs are directed to the same street frontage, the sign letters shall not exceed eight inches (8").

      3.   Ground Clearance: A clearance of eight feet (8') shall be maintained from the lowest point on the awning to the grade or walkway under said awning.

      4.   Illumination: Awning signs shall not be illuminated.

   E.   Neon signs shall be permitted subject to the following provisions:

      1.   Number: There shall be a limit of one neon sign per lot or per establishment.

      2.   Surface Area: The surface area of a neon sign shall not exceed eight (8) square feet. The use of neon tubing or lighting to outline a window or other portal shall be considered a neon sign and its surface area shall be measured from the outside edges of the sign.

      3.   Illumination: The use of neon tubing as the internal illumination of a sign shall not be considered a neon sign. (Ord. 2001-08A, 4-2-2001)

   A.   Criteria: Certain business operations are hereby found to be unique with respect to their sign requirements and therefore justified to be permitted to have extra signs, in addition to those specified in section 10-9-9 of this chapter, as specified below. These include:

      1.   Gasoline Stations: Gasoline stations are unique because their primary functions are performed out-of-doors in a manner prescribed by state statutes.

      2.   Movie And Live Entertainment Theaters: These theaters are unique because of the rapid turnover of the name of their entertainment product.

      3.   Unified Business Centers: Unified business centers are unique because of the concentrated development and their centralized ownership characteristics.

   B.   Gasoline Stations: In addition to the signs permitted by other sections of this chapter, the following signs are permitted uniquely to gasoline stations:

      1.   Two (2) signs per pump island which designate the function of the island as "self-service" or "full service". Such signs shall not have more than two (2) faces and shall not exceed three (3) square feet per face.

      2.   One sign displaying the price of fuel sold, with a maximum surface area of six (6) square feet per fuel type. Such signs shall not have more than two (2) faces.

      3.   One nonilluminated sign identifying the service performed in each service bay may be placed over the opening to each bay. Such signs shall have one face and shall not exceed three (3) square feet each.

      4.   One nonilluminated nameplate identifying the owner or operator is permitted adjacent to the doorway of the station. Such nameplate shall have one face and shall not exceed two (2) square feet in area.

      5.   Temporary signs advertising batteries, tires, oil or other products which are directly related to motor vehicles, if the signs are located directly adjacent to a display of the product(s) described. Such signs may have two (2) faces, however, their total area shall not exceed fifteen (15) square feet.

      6.   One sign over each pump stand not to exceed twenty four inches (24") in height with length governed by the length of the pump itself.

      7.   One wall sign on a detached car wash building, provided that it conforms to all other provisions for wall signs as stated in this section.

      8.   Any signs required by state or federal government.

   C.   Movie And Live Entertainment Theaters: In addition to the signs permitted by other sections of this chapter, the following sign is permitted uniquely to theaters:

      1.   Each theater may have one sign of up to fifty (50) square feet which will accommodate changeable lettering copy.

      2.   A theater's changeable copy sign may have two (2) faces if it is freestanding, but both faces must be parallel and located no more than two feet (2') apart.

      3.   A theater's changeable copy sign may be located on a marquee, provided it does not project above or beyond the structural limits of such marquee.

      4.   Otherwise, a theater's changeable copy sign shall conform to the regulations for the sign type to which it most nearly resembles.

   D.   Unified Business Centers: In addition to the signs permitted by other sections of this chapter, the following additional signs are permitted uniquely to unified business centers:

      1.   A unified business center may have one identification sign for the center in addition to the signs permitted for each separate business. The permitted area of such identification sign shall be based upon a ratio of five (5) square feet per one acre of the site, up to a maximum of one hundred fifty (150) square feet. Tenant identification panels are permitted as part of the permitted square footage of the center identification sign. Every unified business center is permitted an identification sign of eight (8) square feet. Otherwise, unified business center identification signs shall conform to the regulations of the sign type to which they most closely resemble.

      2.   Unified business centers may have common directory signs to guide pedestrians to individual businesses on the site. Such signs shall be limited to one square foot per business listed on the sign. Centers must have a minimum of ten (10) businesses to qualify to have one directory sign and may have one additional sign for each ten (10) businesses. (Ord. 2001-08A, 4-2-2001)

No permit shall be issued for a sign to be located in a unified business center until a comprehensive sign plan has been approved for the center and the sign complies with the provisions thereof.

   A.   Unified Business Center Sign Plan Approval: Approval of a unified business center sign plan shall be at the discretion of the village board, after review and recommendation of the plan commission, and in accordance with the criteria noted herein.

   B.   Application Contents: In addition to the requirements listed for permit applications in section 10-9-5 of this chapter, the application for a unified business center sign plan shall include a format for all signs to be used in the center, including their maximum size, color, location, illumination details, lettering type, and mounting details.

   C.   Criteria: The criteria used by the village in its review of the proposed unified business center sign plan shall include:

      1.   Scale And Proportion: Every sign shall have good scale and proportion in its design and in its visual relationship to the other signs, buildings and surroundings.

      2.   Integral Elements: The signs in the plan shall be designed as integral architectural elements of the building and site to which they principally relate and shall not appear as incongruous "add- ons" or intrusions.

      3.   Harmony: The colors, materials and lighting of every sign shall be harmonious with the building and site to which it principally relates.

      4.   Effective Composition: The number of graphic elements and letters shall be held to the minimum needed to convey each sign's message and shall be composed in proportion to the area of the sign's face.

      5.   Compatibility: Each sign shall be compatible with signs within the proposed unified business center.

      6.   Unified Image: The effect of the signs proposed in the plan shall be the establishment of a unified image for the center. (Ord. 2001-08A, 4-2-2001)

   A.   General Provisions: The following general provisions shall apply to all temporary signs:

      1.   Permit Required: An application is required for all temporary signs, except for construction signs, window signs, residential real estate signs, and political signs. Upon application, the building inspector may issue permits for temporary signs or displays related to grand openings, special promotions, going out of business, emergency information, and similar purposes.

      2.   Duration: Unless a specific duration for a particular temporary sign type is noted in this section, temporary signs must be removed within fifteen (15) days from the date of activation. Temporary sign permits may be renewed twice within a calendar year.

      3.   Location: All temporary signs shall be erected only on the property of the permitted, unless the permitted is a nonprofit organization, and shall be set back a minimum of five feet (5') from any public right of way.

      4.   Illumination: No temporary sign shall be illuminated.

      5.   Construction: All temporary signs shall be anchored and supported in a manner which reasonably prevents the possibility of the signs becoming hazards to the public health and safety as determined by the building inspector.

      6.   Number: Unless a specific number of signs is listed for a particular temporary sign type, only one temporary sign shall be permitted per zoning lot or business.

   B.   Temporary Sign Types: Temporary signs shall be limited in use to the following types of signs:

      1.   Freestanding signs shall be permitted subject to the following provisions:

         a.   Height: Freestanding signs shall not exceed eight feet (8') in height from grade.

         b.   Material: Freestanding signs shall be constructed of wood, metal, or other durable material and reasonably supported in or on the ground by adequate bracing.

         c.   Surface Area: Freestanding signs shall not exceed thirty two (32) square feet in surface area per face, and may be single- faced or double-faced.

      2.   Banner signs shall be permitted subject to the following provisions:

         a.   Height: Banner signs shall not exceed the height of the first floor of the building, or twelve feet (12') from grade, whichever is greater.

         b.   Location: Banner signs without a permanent frame shall be affixed only to building walls. Banner signs with a permanent frame may also be affixed to poles.

         c.   Number: One banner sign shall be permitted per zoning lot or business. If banner signs are mounted with a permanent frame, additional banner signs are permitted at a ratio of one sign per seventy five feet (75') of lot frontage.

         d.   Surface Area: Banner signs shall not exceed thirty two (32) square feet in surface area.

      3.   For sale/for lease/for rent signs shall be permitted subject to the following provisions:

         a.   Duration: A permit for a new development identification sign may be effective for no more than a period of three (3) years, or until ninety percent (90%) of the units originally for sale or lease have been sold or leased for the first time, whichever comes first.

         b.   Height And Location: Such signs shall be located on the property advertised for sale, lease or rent and set back a minimum of ten feet (10') from any property line, with a maximum height of fifteen feet (15').

         c.   Removal: The permit applicant shall be required to remove the for sale/for lease/for rent sign upon expiration of the permit as noted above. To guarantee removal, an acceptable bond or letter of credit of one hundred fifteen percent (115%) of the cost of dismantling the sign shall be provided to the Village at the time of permitting.

         d.   Size: The maximum surface area of such a sign shall be one hundred (100) square feet.

      4.   Residential real estate signs shall be permitted subject to the following provisions:

         a.   Location: The sign is located upon the property that is offered for sale, lease, or rent, or has been sold.

         b.   Message: The sign content shall be limited to the words "For Sale", "For Lease", "For Rent", "Open House", or "Sold" or substantially similar terminology; the name, address, and phone number of the individual realtor or agent; and the name and logo of the realtor's franchise or brokering office.

         c.   Number: Only one sign shall be permitted for each building, dwelling unit, or lot.

         d.   Removal: The sign shall be removed within seven (7) days after the real estate closing, or lease or rental transaction is completed, except that "Open House" signs shall be erected and removed on the day of the event.

         e.   Size And Height: The sign shall not exceed six (6) square feet in surface area. The sign shall not exceed four feet (4') in height from grade.

      5.   Window signs shall be permitted subject to the following provisions. No permit is required for window signs.

         a.   Location: Window signs shall be affixed only to the interior surface of the glass and shall not be located on any windows above the first floor of the building.

         b.   Surface Area: Such signs shall not exceed thirty five percent (35%) of the window surface area for each windowpane. Signs shall not be affixed in such a manner that a safety hazard to customers or staff of the establishment is created by the obstruction of vision. The Chief of Police or his designee(s) shall be empowered to require the removal or relocation of any such sign deemed to be a safety hazard.

      6.   Beacon or searchlights may be permitted in connection with grand openings or special events provided:

         a.   Direction Of Illumination: Lights must be oriented skyward not breaking an angle of forty five degrees (45°) from the ground.

         b.   Duration: The sign(s) may be displayed for no more than fifteen (15) days. Upon expiration of said fifteen (15) days, the use of said sign shall be discontinued and no inflatable sign advertising the same business or establishment shall be reinstalled or reerected for a period of six (6) months.

         c.   Number: Only one unit shall be permitted per zoning lot. (Ord. 2001-08A, 4-2-2001)

      7.   Political signs shall be allowed without permit, provided that: (Ord. 2016-37, 9-6-2016)

         a.   Duration: (Rep. by Ord. 2016-37, 9-6-2016)

         b.   Location: The sign shall be placed on private property and set back from any public right-of-way.

         c.   Number: There shall be no limit on the number of political signs permitted; provided, however, that the quantity of signs displayed does not create a safety hazard to traffic by distracting motorists or interfering with safe pedestrian flow, in which case the Chief of Police and/or the Building Commissioner shall be authorized to require that the number of signs be reasonably reduced.

         d.   Size And Height: In residential districts, the sign shall not exceed six (6) square feet in surface area. The sign shall not exceed four feet (4') in height from grade. In nonresidential districts, a freestanding sign shall not exceed thirty two (32) square feet in surface area. Signs that are not freestanding shall not exceed nine (9) square feet in surface area. The sign shall not exceed six feet (6') in height from grade. (Ord. 2016-37, 9-6-2016)

      8.   Garage/yard sale signs. See title 4, chapter 12 of this Code. (Ord. 2001-20, 9-10-2001)

      9.   Construction signs shall be permitted, provided that:

         a.   Duration: Signs shall not be installed prior to issuance of a building permit and shall be removed within seven (7) days of issuance of an occupancy permit.

         b.   Location: The sign shall be placed on private property on the premises of the construction and set back a minimum of ten feet (10') from any public right-of-way.

         c.   Number: One sign shall be permitted per zoning lot.

         d.   Size And Height: In nonresidential and multi-family zoning districts, the sign shall not exceed thirty two (32) square feet in surface area. The sign shall not exceed ten feet (10') in height from grade. The same standard shall apply to religious institutions, private or public schools, golf courses and facilities constructed and maintained by any taxing district located in a single-family zoning district. For residential uses in a single-family zoning district, the sign shall not exceed six (6) square feet in surface area and shall not exceed four feet (4') in height from grade. (Ord. 2001-08A, 4-2-2001)

   A.   Signs Existing On Effective Date: For any sign existing in the Village on April 2, 2001, an application for a sign permit must be submitted to the Building Commissioner before December 31, 2001. Applications for permits for existing signs submitted before December 31, 2001, shall be exempt from the application fees adopted under authority of this title. (Ord. 2001-08A, 4-2-2001)

   B.   Nonconforming Existing Signs, Permits And Terms:

      1.   C-1 Zoning District: A sign in the C-1 District that would be permitted under this title only with a sign permit, but which was in existence on April 2, 2001, and which was constructed in accordance with Village regulations in effect on the date of its construction, but which by reason of its size, height, location, design or construction is not in conformance with requirements of this title, shall be issued a nonconforming sign permit if an application in accordance with this section is timely filed.

Such permit shall allow the sign(s) subject to such permit, which are made nonconforming by this chapter, to remain in place and to be maintained for a period ending no later than June 17, 2006, provided that no action is taken which increases the degree or extent of nonconformity. (Ord. 2005-10, 4-4-2005)

      2.   C-2, O/I, M, And I Zoning Districts: A sign in the C-2, O/I, M and I Districts that would be permitted under this title only with a sign permit, but which was in existence on April 2, 2001, and which was constructed in accordance with village regulations in effect on the date of its construction, but which by reason of its size, height, location, design or construction is not in conformance with requirements of this chapter, shall be issued a nonconforming sign permit if an application in accordance with this section is timely filed.

Such permit shall allow the sign(s) subject to such permit, which are made nonconforming by this title, to remain in place and to be maintained for a period ending no later than April 2, 2007, provided that no action is taken which increases the degree or extent of nonconformity.

   C.   Loss Of Legal Nonconforming Status: A sign loses its legal nonconforming status if one or more of the following occurs:

      1.   Sign Altered: The sign is altered in any way, except for normal maintenance or repair;

      2.   Sign Relocated: The sign is relocated either on the premises or to another location;

      3.   Sign Unsafe: The sign fails to conform to the sections of this chapter regarding maintenance and operation, and public safety standards;

      4.   Sign Damaged: Damage occurs to a sign which requires repairs exceeding fifty percent (50%) of the replacement value of the sign;

      5.   Excessive Maintenance Costs: When any proposed change, repair, or maintenance would constitute an expense of more than twenty five percent (25%) of the replacement value of the sign;

      6.   New Occupancy Permit: A change in use occurs which requires a new occupancy permit for the premises to which a legal nonconforming sign relates.

On the date of occurrence of any of the above, the sign shall be immediately brought in compliance with this section with a new permit secured, or shall be removed within thirty (30) days of that date.

   D.   Continuing Obligation: Nothing in this section shall relieve the owner or user of a legal nonconforming sign, or owner of the property on which the legal nonconforming sign is located, from the provisions of this chapter regarding safety, maintenance, and repair of signs, provided however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure, sign face or message in such a way which makes the sign more nonconforming.

   E.   Historic Signs: Other than safety requirements, the provisions of this sign code may be waived by the village board for historic signs upon application for relief by the sign owner or by a village initiated action in accordance with the following procedure:

      1.   Upon filing of said application, the village board may declare a sign or group of signs to be "historic" by making findings according to the guidelines below. Notwithstanding safety and maintenance regulations (section 10-9-17 of this chapter), a sign so designated by the village board shall be deemed to conform with this code.

      2.   Signs may be so designated upon the finding that they exhibit unique characteristics that enhance the streetscape or the historic identity of the village or neighborhood. Such a sign contributes to the historical or cultural character of the streetscape and the community at large.

      3.   Nothing in this subsection E shall prohibit the owner of a designated historic sign from removing such sign. (Ord. 2001-08A, 4-2-2001)

No signs shall be allowed in the public right of way, except for the following:

   A.   Permanent Signs: Permanent signs including:

      1.   Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.

      2.   Informational signs of a public utility regarding its poles, lines, pipes, or facilities.

   B.   Emergency Signs: Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right of way. (Ord. 2001-08A, 4-2-2001)

The display of official, corporate and ancillary flags shall be permitted subject to the following requirements. These regulations are designed to control the use of permanent flagpoles or staff upon which the flag is located and the relationship of the flag to the flagpole or staff. Flags and flagpoles do not require a specific sign permit. Flags shall be permitted in all zoning districts subject to the following requirements:

   A.   Flags shall be displayed only on permanent flagpoles or staffs designed and constructed specifically and exclusively for flag display. No official, corporate or ancillary flag shall be displayed on or attached in any manner to light poles, sign poles, trees, vehicles, or similar structures or objects. The temporary display of flags where such requirements are impractical, such as a parade, holidays, or special events, shall be deemed to be acceptable.

   B.   There shall be a maximum of one flagpole per one hundred feet (100') of frontage within nonresidential zoning districts.

   C.   Flagpoles shall be set back a minimum of ten feet (10') from the property line.

   D.   The display of more than two (2) flags per flagpole shall be prohibited.

   E.   The height of a flagpole shall be in proportion to the scale of the building to which the pole relates, and in no case shall it be higher than the following height limitations:

 

 

   F.   The vertical length of a permitted single flag on a flagpole or staff shall not exceed one-fourth (1/4) of the length of the pole or staff upon which the flag is hung. Under no circumstances shall any flag exceed fifty (50) square feet in surface area. The official flag of the United States Of America is exempt from this size restriction.

   G.   Flags shall be displayed in such a manner that no portion of the flag shall project over any property line or contact any other structure when fully extended.

   H.   Flags shall not be mounted on or over roofs or rooflines in any fashion. Wall mounted official and corporate flags shall be displayed from flagpoles or staffs not to exceed ten feet (10') in length. No portion of such flagpoles or staffs shall extend above the roofline or over a property line.

   I.   Official flags shall be maintained in an orderly fashion, and in clean and good condition. The official flag of the United States Of America shall be displayed in accordance with the flag code, title 36, USC, chapter 10, as amended by P.L. 344, 94th congress, approved July 7, 1976, or as amended in the future. All other official flags should be displayed in accordance with the same standards of respect and protocol.

   J.   Corporate and ancillary flags shall be maintained in an orderly fashion, and in clean and good condition. Tattered or torn flags shall be removed or replaced promptly. (Ord. 2001-08A, 4-2-2001)

All signs not expressly permitted under this chapter or exempt from regulation under section 10-9-4 of this chapter, are prohibited in the village of Broadview. Such signs include, but are not limited to:

   A.   Signs containing statements, words or pictures of an obscene or pornographic nature.

   B.   Any sign or advertising device painted or displayed on any vehicle or trailer parked on the public right of way, public property, or private property so as to be prominently visible from a public right of way and parked for the flagrant purpose of providing advertisement of products or directing people to a business or activity.

   C.   Signs nailed, tacked or otherwise affixed to trees or other vegetation in such a way as to puncture bark.

   D.   Handbills, posters, notices, or similar attention gathering devices posted or affixed on traffic control boxes, signs, lamp poles, utility poles, or traffic control support.

   E.   Projecting signs.

   F.   Animated signs.

   G.   Any sign attached to a chimney, on a fence or fence type wall, retaining wall, bench, fence post, refuse enclosure, utility box, storage shed, bus shelter, satellite dish, antenna, or other accessory structure.

   H.   Any exterior string of lights or exposed light bulbs, except those that are temporarily displayed in conjunction with traditionally accepted civic, patriotic, or religious holidays for a duration not to exceed sixty (60) days.

   I.   Any additional or subsequent sign painted on, attached, or otherwise affixed to poles or permitted signs.

   J.   Portable signs.

   K.   Off site signs except as to the areas described in section 10-9-16-1 of this chapter wherein they shall be considered a special use.

   L.   Inflatable signs.

   M.   Roof signs.

   N.   Electronic changeable copy signs except as a special use per section 10-9-16-2 of this chapter. (Ord. 13-02, 1-22-2013)

Outdoor advertising (billboards) shall be a special use in nonresidential and multi-family zoning districts, and shall be subject to all applicable standards set forth herein:

   A.   Outdoor advertising (billboards) as follows:

      1.   Location Requirements: Outdoor advertising (billboards) shall be a special use only:

         a.   In O/I - office/industrial, C-2 - general commercial and multi-family residential zoning districts; and

         b.   Outdoor advertising (billboards) shall only be located along the Eisenhower Expressway (I-290) within the village; and

         c.   Outdoor advertising (billboards) shall only be located within two hundred fifty feet (250'), measured perpendicularly from the edge of the right of way from the roadway from which the outdoor advertising (billboard) sign is intended to be viewed. Such distance is measured from the center point of the support post. If the outdoor advertising (billboard) sign has more than one support, then separation distance is measured from the center of the linear dimension of the outdoor advertising (billboard) sign.

      2.   Distance Requirements:

         a.   The minimum distance between any outdoor advertising (billboard) sign and another outdoor advertising (billboard) sign shall be at least five hundred feet (500'). The separation distance is measured from the center points of the support posts. If the outdoor advertising (billboard) sign has more than one support, then separation distance is measured from the center of the linear dimension of the outdoor advertising (billboard) sign. Outdoor advertising (billboard) signs located outside the village limits shall be included in determining the minimum separation distance.

      3.   Size And Facing Of Signs:

         a.   Each outdoor advertising (billboard) sign shall have only one sign face per facing (2 advertising faces per structure).

         b.   "V" type signs with a face that protrudes from the opposite face shall be permitted only where the linear distance between the outer edges of the two (2) faces of the "V" sign is a maximum of sixteen feet (16'). Each "V" type sign face shall be visible in only one direction of travel on the same side of the street.

         c.   The maximum display area of outdoor advertising (billboard) signs shall not exceed the gross surface area of one thousand two hundred (1,200) square feet per sign face.

         d.   Side by side, two-tiered, stacked or decked signs shall be prohibited. Signs employing movement including, but not limited to, changeable copy signs, pennants, flags, banners, streamers, propellers, disks and searchlights shall be prohibited. Flashing, blinking or similar lighting shall be prohibited.

      4.   Height And Area Requirements:

         a.   The maximum height of an outdoor advertising (billboard) sign shall be one hundred ten feet (110');

         b.   Height shall be measured from the base of the pole structure to the top of the outdoor advertising (billboard) sign structure.

      5.   Submission Requirements: Applicants must comply with the requirements of section 10-7-4, "Special Uses", of this title in seeking a special use for outdoor advertising (billboards).

      6.   Variances: A variance relating to outdoor advertising (billboard) signs may not be granted to permit any of the following:

         a.   To allow more than one sign face per facing, or more than two (2) sign faces in total.

         b.   To allow the gross surface area to exceed the dimensions specified herein.

      7.   Maintenance And Nonconformity:

         a.   All signs and sign structures shall be kept in repair and in proper state of preservation.

         b.   Any lawfully erected billboard in existence on the effective date of these regulations may continue to be maintained in-kind and repaired in-kind in place as long as the size or number thereof is not increased in terms of faces, length, height, or area. If such sign is damaged, exceeding seventy five percent (75%) of its replacement value, it shall not be rebuilt; provided, however, that nothing herein shall prevent maintenance, repainting or posting of legally established nonconforming signs. (Ord. 11-56, 11-21-2011)

   A.   Restrictions: Except as otherwise allowed in this chapter, electronic changeable copy signs shall be permitted only as a special use, per section 10-7-4 of this title, and be an integral and subordinate portion of a freestanding sign. The electronic changeable copy sign shall be included in the calculation of the maximum allowable sign surface area for the freestanding sign to which it is attached.

   B.   Special Use: Electronic changeable copy signs shall be a special use per section 10-7-4 of this title.

   C.   Requirements: Electronic changeable copy signs, other than off site signage, are limited to one per lot of record. Any permitted electronic changeable copy signs shall be subject to all of the following requirements and shall comply with all state and federal laws:

      1.   Electronic changeable copy signs shall display static messages only with no animation, no effects simulating animation, and no video. The messages shall not dissolve, fade, scroll, travel, flash, spin, revolve, shake or include any other type of movement or motion.

      2.   The interval (the amount of time in between the event) of change of any such static messages shall be no less than ten (10) seconds, i.e., each message displayed shall be displayed for a minimum period of ten (10) seconds.

      3.   Each transition from one message to a subsequent message shall be accomplished immediately with no fade, dissolve, scroll or travel and shall be consistent with all state and federal laws.

      4.   Each such sign shall contain automatic dimmers that continuously monitor the brightness of the display using ambient and direct light photocells and that maintain a maximum luminance during daylight hours not exceeding the lower of either the maximum luminance permitted by applicable ordinance, regulation or special use permit during such hours, or seven thousand five hundred (7500) lumens per square meter (whichever is lower) and that maintain a maximum luminance from dusk to sunrise not exceeding the lower of either the maximum luminance permitted by ordinance, regulation or special use permit during such hours, or five hundred (500) lumens per square meter (whichever is lower). Such sign shall also be equipped with a backup system with an almanac of sunrise and sunset times throughout the year in the unlikely event of a photocell failure.

      5.   The sign shall be programmed or set in a manner such that the display will turn dark and emit no light in case of a malfunction.

      6.   Electronic messages shall not advertise products or services not available on the lot on which the electronic sign is located, other than community or public service messages.

      7.   All approved electronic changeable copy signs shall be made available for emergency notifications as deemed necessary by the chief of police.

   D.   Limited To Conforming Freestanding Sign: An electronic changeable copy sign may be located only as part of a monument or ground sign which is in compliance with all applicable requirements of this chapter and other applicable requirements of law. No electronic changeable copy sign may be located as part of a nonconforming sign.

   E.   Off Site Signage:

      1.   Electronic changeable copy signs shall display static messages only with no animation, no effects simulating animation, and no video. The messages shall not dissolve, fade, scroll, travel, flash, spin, revolve, shake or include any other type of movement or motion.

      2.   Each transition from one message to a subsequent message shall be accomplished immediately with no fade, dissolve, scroll or travel and shall be consistent with all state and federal laws.

      3.   The interval (the amount of time in between the event) of change of any such static messages shall be no less than ten (10) seconds, i.e., each message displayed shall be displayed for a minimum period of ten (10) seconds.

      4.   Each such sign shall contain automatic dimmers that continuously monitor the brightness of the display using ambient and direct light photocells and that maintain a maximum luminance during daylight hours not exceeding the lower of either the maximum luminance permitted by applicable ordinance, regulation or special use permit during such hours, or seven thousand five hundred (7500) lumens per square meter (whichever is lower) and that maintain a maximum luminance from dusk to sunrise not exceeding the lower of either the maximum luminance permitted by applicable ordinance, regulation or special use permit during such hours, or five hundred (500) lumens per square meter (whichever is lower).

      5.   Such sign shall also be equipped with a backup system with an almanac of sunrise and sunset times throughout the year in the event of a photocell failure.

      6.   All approved electronic changeable copy signs shall be made available for emergency notifications as deemed necessary by the chief of police. (Ord. 13-02, 1-22-2013)

   A.   Maintenance And Repair: Every sign, including, but not limited to, those signs for which permits are required, shall be maintained in a safe, presentable, and good structural condition at all times, including replacement of defective parts, painting, cleaning and other acts required to maintain the sign, advertising structure, marquee, canopy or awning in its originally permitted and installed condition in accordance with the following criteria and with the applicable chapters of this code:

      1.   Paint Or Treat: To prevent rust, peeling, flaking, fading or rotting, the owner of any sign or advertising structure shall, as required, paint all parts and supports thereof unless the same are galvanized, stainless or otherwise treated.

      2.   Repairs: Broken panels, missing letters, defective illumination, torn fabric, flaking or peeling paint and other damage to a sign, advertising structure, marquee, awning, canopy or support structure shall be repaired.

      3.   Clean And Sanitary: All signs or advertising structures and the area surrounding same shall be maintained by the owner thereof in a clean, sanitary and inoffensive condition, and free and clear of all debris, rubbish and obnoxious substances, and any related grassed area or landscaping shall be kept trimmed and in a healthy condition.

   B.   Obsolete Or Abandoned Signs: For any sign or advertising structure now or hereafter existing, which advertises a business, commodity, service, entertainment, activity, or event which has been discontinued, or is located on property which has been vacant and unoccupied, the building inspector shall give written notice requiring removal of the sign to permittee thereof, or if the permittee cannot be located, to the owner, agent or person having the beneficial use of the building, structure or premises upon which it is found. If, after notification, the proper person fails to remove the sign or structure within sixty (60) days after such notice the building inspector is hereby authorized to have such sign or advertising structure removed.

   C.   Unsafe And Unlawful Signs: For any sign or advertising structure that is unsafe or insecure, or is a menace to the public, or has been constructed or erected, or is being maintained in violation of the provisions of this chapter, the building inspector shall give written notice to the permittee thereof, or if the permittee cannot be located, to the owner, agent or person having the beneficial use of the building, structure or premises upon which it is found. If, after notification, the proper person fails to remove or alter the structure so as to comply with the standards of this section within thirty (30) days after such notice, the building inspector is hereby authorized to have such sign or advertising structure removed. The building inspector may summarily, and without notice, have removed any sign or advertising structure which is an immediate safety hazard to persons or property.

   D.   Lien To Recover Costs: In the event of failure by any party to reimburse the village within sixty (60) days for costs incurred for repair or removal ordered by the building inspector, the village board shall certify the charges for repair or removal to the village's legal counsel, who will be then authorized to file a notice of lien in the office of the Cook County recorder of deeds to foreclose this lien, and to sue the owner of the real estate, or sign permittee, or their agents, in a civil action to recover the money due for the foregoing services, plus all expenses and reasonable attorney fees to be fixed by the court. Included in the expenses recoverable by the village are the costs of filing the notice of lien, foreclosing said lien, and all litigation costs, together with all office and legal expense incurred in connection with the collection of the amount due. (Ord. 2001-08A, 4-2-2001)

   A.   Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this section, by the zoning ordinance, and by state law:

      1.   To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zoning lot on which the sign is located;

      2.   To install, create, erect, or maintain any sign requiring a permit without first securing such a permit;

      3.   To fail to remove any sign that is installed, created, erected, or maintained in violation of this chapter, or for which the sign permit has lapsed.

   B.   Each sign installed, created, erected, or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this chapter. (Ord. 2001-08A, 4-2-2001)

   A.   The building commissioner is hereby authorized to enforce the provisions of this chapter.

   B.   The building commissioner may inspect, at such times as he deems necessary, each sign or sign structure regulated by this chapter for the purpose of ascertaining whether the sign is in compliance with this chapter or any other relevant code, law or ordinance.

   C.   The building commissioner shall give notice to the owner or to any person occupying the property that the sign on his/her premises is in violation of this chapter.

   D.   Remedies of the village for violation of this chapter shall include the following:

      1.   Issuing a stop work order for any and all work on any signs in the same zoning lot;

      2.   Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity;

      3.   Imposing any penalties that can be imposed directly by the village under the zoning ordinance;

      4.   Seeking in court the imposition of any penalties that can be imposed by such court under the zoning ordinance; and

      5.   Issuance of a citation for not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00). Each day such violation continues shall be considered a separate violation;

      6.   Causing any sign or other advertising structure, which is an immediate peril to persons or property, to be removed summarily without notice; and

      7.   All other remedies as provided for or allowed by state law for the violation of this chapter and the zoning ordinance.

   E.   Any sign advertising a defunct business, or an unavailable product or service, shall be taken down and removed by the owner, agent or person having control of the premises upon which the sign is located within ninety (90) days of the business vacating the premises.

   F.   Failure to comply with any notice by the building commissioner concerning violations of this chapter within the time specified shall cause the building commissioner to authorize removal. Expenses related to removal shall be the responsibility of the owner of the premises upon which such sign is located.

      1.   The building commissioner shall notify the owner or occupant of the premises of the total costs incurred for such repair or removal of the sign. If the owner or occupant fails to pay the costs and expenses of such repair or removal within thirty (30) days of the notice, then such costs and expenses shall become a lien against the property.

   G.   All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. (Ord. 13-02, 1-22-2013)