(A)   The Village Board find that signs can obstruct views, distract motorists, displace alternative uses of land and pose other problems that legitimately call for regulation. The purpose of this article is to regulate the height, area, color, illumination, movement, materials, and condition of signs placed upon property within the village, thus ensuring public safety, the protection of property values, the character of neighborhoods, the creation of a convenient, attractive and harmonious community and the encouragement of economic development.

   (B)   It is the intent of this article to coordinate the type, placement, size, and scale of signs within the village's zoning districts and for the following purposes:

      (1)   To promote and protect public health, safety, comfort, morals, convenience and general welfare through the reasonable and orderly display of signs;

      (2)   To encourage the physical appearance of signs to be in harmony with the visual character of the associated street corridor and to be an integral part of the aesthetic of the site and architectural style of associated buildings;

      (3)   To protect the general public, pedestrians, and motorists within the village by assuring the design, location, construction, and maintenance of signs presents safe navigation through discernable identification, and does not create distractions, obstructions, or hazards;

      (4)   To protect the public investment in streets and highways by reducing sign or advertising distractions that may increase traffic accidents;

      (5)   To ensure compatibility of signs with surrounding land uses and the environment;

      (6)   To foster attractive business areas within the village; and

      (7)   To advance the Village of Carol Stream's implementation of its Comprehensive Plan.

   (C)   These objectives shall be accomplished through the regulation of the display, construction, use, and maintenance of signs. However, these regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike a balance that preserves ample channels of communication by means of visual display while reducing and mitigating the negative effects caused by signs. Signs shall be regulated based on their applicable zoning district. Notwithstanding any other provision of this article, no sign shall be located in any area or in any manner so as to create a nuisance or a threat to public health, safety, or welfare.

   (D)   When a sign type is not specifically listed in the sections devoted to permitted signs, it shall be assumed that such signs are hereby expressly prohibited. If it is determined by the Community Development Director that such sign is similar to and not more objectionable than signs listed, such signs may then be permitted.

   (E)   From and after the effective date of this article, the use of all signs and portions of signs erected, altered with respect to height and area or sign face, added to, or relocated in the village shall be in conformity with the provisions of this article. Any existing sign not in conformity with the regulations herein prescribed shall be regarded as non-conforming.

   (F)   The regulations contained within this article are the minimum exercise of the police power required in order to accomplish the purposes of this article.

   (G)   The regulations contained within this article shall not be applicable to signs erected and maintained by the Village of Carol Stream, DuPage County, or State of Illinois for regulatory purposes.

(Ord. 2021-05-15, passed 5-3-2021)

   Signs placed on properties located within the Gary Avenue Corridor and North Avenue Corridor Overlay Districts must comply with the regulations contained in §§ 16-8-3 and 16-8-4(A)(4).

   (A)   Signage for new development shall be included in the Gary Avenue or North Avenue Corridor Development Plans and shall be subject to review and approval by the Plan Commission in accordance with the procedures defined in § 16-8-4(A)(4).

   (B)   New or replacement monument signs placed on existing, developed properties shall be subject to review and approval by the Plan Commission in accordance with the procedures defined in § 16-8-4(A)(4).

   (C)   New or replacement wall signs placed on existing, developed properties must meet the purpose and intent of the corridor regulations, as determined by the Community Development Director, or his or her designee and review by the Plan Commission shall not be required; however, the applicant may appeal the decision of the Community Development Director in accordance with § 16-8-3(A)(2).

(Ord. 2021-05-15, passed 5-3-2021)

   (A)   Sign area. Unless otherwise defined, sign area is determined by the total area enclosed by a continuous perimeter along the edges of a sign, including any frame or border. The area of a sign composed of individually-affixed letters is determined by the total area of the smallest geometric shape enclosing the letters. A maximum of two geometric shapes may be utilized. The calculation for a double-faced sign shall be the area of one face only, but must be the area of the largest side if the two sides are different.

   (B)   Sign height. Sign height is determined by the total distance between the highest point on a sign to the crown of the street directly opposite the sign, or from the natural grade level directly below the sign, whichever is higher.

(Ord. 2021-05-15, passed 5-3-2021)

   Permanent signs including wall signs, monument signs, awning or canopy signs, and projecting signs, shall be permitted in the zoning district shown in Table 16-6-4(B) only after the issuance of a sign permit in accordance with § 16-8-3.

   (A)   Standards for permanent signs requiring a permit.

      (1)   Wall signs. (See Figure 16-6-4(A)(l))

         (b)   Height. No wall sign shall protrude above the highest roof line or above the top of the parapet wall or mansard roof.

         (c)   Projection. Wall signs must not extend more than 12 inches from the wall of the building or structure to which it is attached and shall maintain a vertical clearance of seven feet.

         (d)   Number of signs. (See Figure 16-6-4(A)(1)(d)(iii))

            I.   Single- tenant buildings shall be permitted one wall sign per lot frontage along a public right-of-way or private access drive.

            II.    Multi-tenant buildings shall be permitted one wall sign per unit per frontage along a public right-of-way or private access drive.

            III.   A maximum of four secondary wall signs may be authorized for buildings with lineal frontage in excess of 75 feet by the Community Development Director provided such additional signage is:

               i.   In keeping with the overall design and architecture of the building;

               ii.   A minimum of 20 feet from the primary wall sign and other secondary wall signs;

               iii.   A maximum of 50% of the size of the primary wall sign;

               iv.    Accessory to the building's primary wall sign; and

               v.   The total area of all primary and secondary wall signs does not exceed the maximum wall sign area as established in § 16-6-4(A)(1)(a).

         (f)   Other provisions.

            I.   No wall sign shall cover any architectural features. Architectural features shall include but not be limited to, pediment, cornice, belt course, pier, windows, pilaster, roof, decorative stone or inlay, kick plate/bulkhead, raised or colored brick pattern, and corbel of the building to which it is affixed.

            II.   Buildings located on outlots of shopping centers may display one additional wall sign towards a main parking area of the development and not oriented towards a street.

            III.   No wall sign shall be affixed to HVAC screening, elevator overrun, or other features protruding from the roof of the structure.

      (2)   Monument signs. (See Figure 16-6-4(A)(2))

         (a)   Sign area. The maximum permitted sign area of a monument sign in the I District shall not exceed 96 square feet. The maximum permitted sign area of a monument sign in the R-1, R-2, R-3, R-4, B-1, B-2, B-3, and O-S Districts shall not exceed 72 square feet.

         (b)   Height. The maximum permitted height of a monument sign shall not exceed six feet, with the exception of properties in the B-3, O-S, and I Districts and/or in the GAC orNAC Overlay Districts, where the maximum permitted height of a monument sign shall not exceed ten feet.

         (c)   Number of signs. Only one monument sign shall be permitted per lot frontage along a public right-of-way.

         (d)   Landscape requirement. A landscape area shall be planted and maintained around the base of a monument sign, the minimum area of which shall be equal to the area of the sign.

      (3)   Multitenant monument signs. (See Figure 16-6-4(A)(3)).

         (a)   Sign area. The maximum permitted sign area of a multitenant monument sign in the B-1, B-2, O-S, or I Districts shall not exceed 96 square feet. The maximum permitted sign area of a multitenant monument sign in the B-3 District shall not exceed 160 square feet.

         (c)   Number of signs. Only one multitenant monument sign shall be permitted per lot frontage along a public right-of-way.

         (d)   Landscape requirement. A landscape area shall be planted and maintained around the base of a monument sign, the minimum area of which shall be equal to the area of the sign.

      (4)   Awning/canopy signs. (See Figure 16-6-4(A)(4))

         (a)   Sign area. The maximum permitted sign area of an awning or canopy sign shall be 50% of the face of the awning or canopy.

         (b)   Other provisions. Awning or canopy signs shall only be permitted on awnings or canopies extending above ground floor entrances or windows. Awning or canopy signs may be downlit. Coloring or striping shall be allowed but shall not be included in the calculation of sign area.

      (5)   Projecting/blade signs. (See Figure 16-6-4(A)(5))

         (a)   Sign area. The maximum area of a projecting sign shall not exceed six square feet.

         (b)   Height. Projecting signs shall not extend above the roofline of the building to which it is attached, or a maximum of 12 feet. A minimum of eight feet of clearance shall be maintained from the lower edge of the sign face to grade.

         (c)   Number of signs. One projecting sign shall be permitted per building or structure, or unit of the building or structure to which it is attached. A projecting sign and a wall sign may be placed on the same wall. A projecting sign and an awning or canopy sign shall not be placed on the same wall.

         (d)   Projection. Projecting signs shall not horizontally project more than four feet beyond that portion of the building or structure to which it is attached.

         (e)   Other provisions. Illumination of projecting signs shall not be permitted. Projecting signs may encroach upon, extend, or project over any public sidewalk.

   (B)   Permitted locations. Table 16-6-4(B) identifies the districts where permanent signs that require a permit may be located. Signs that are marked as a "P" in the table shall be authorized with a permit, subject to all applicable regulations of this article.

 

(Ord. 2021-05-15, passed 5-3-2021;Ord. 2021-09-45, passed 9-20-2021; Ord. 2023-03-08, passed 3-20-2023)

   The following permanent signs may be displayed without a permit, provided that said signs comply with the requirements of this article and shall be subject to the provisions for unsafe and unlawful signs. Exempt signs which do not conform to the given standards are unlawful. Permanent signs shall be permitted in the zoning district shown in Table 16-6-5(B) without a permit.

   (A)   Standards for permanent signs not requiring a permit. (See Figure 16-6-5(A)(1))

      (1)   On-site traffic directional signs. On-site traffic directional signs are permitted as determined necessary by the Engineering Services Director to assist in the movement of vehicular traffic on a property for the purpose of both pedestrian and vehicular traffic.

         (a)   Sign area. The maximum area of an on-site traffic directional sign shall be six square feet.

         (b)   Height. The maximum height of an on-site traffic directional sign shall be four feet.

         (c)   Other provisions.

            I.   No part of an on-site traffic directional sign shall be located within any required landscape areas.

      (2)   Window signs, permanent. (See Figure 16-6-5(A)(2)).

         (a)   Sign area. The maximum area of a permanent window sign shall be 25% of the square footage of the window on which the sign shall be located. Allowable permanent window sign area shall be considered in aggregate with allowable temporary window sign area.

         (b)   Other provisions.

            I.   Permanent window signs shall not be illuminated.

            II.   Permanent window signs shall include window film, decals and clings which are more than 50% opaque and/or contain sign copy.

   (B)   Permitted locations. Table 16-6-5(B) identifies the district where permanent signs not requiring a permit may be located. Signs that are marked as a "P" in the table shall be authorized without a permit, subject to all applicable regulations of this article.

 

   Temporary signs including wall mounted banner signs, ground mounted signs, and feather signs, shall be allowed in the zoning district shown in Table 16-6-7(B) only after the issuance of a temporary sign permit in accordance with § 16-8-3. A maximum of four temporary sign permits may be issued each calendar year. Temporary signs may be displayed on a property for a total of eight weeks per calendar year. It is the applicant's choice as to how to allocate the eight weeks of display among the four temporary sign permits that may be issued each calendar year. A maximum of two temporary signs may be displayed concurrently.

   (A)   Standards for temporary signs requiring a permit.

      (1)   Wall mounted banner signs. (See Figure 16-6-6(A)(1)).

         (a)   Sign area. The maximum permitted sign area of a wall mounted banner sign in the B-1, B-2, B-3, O-S, and I Districts shall not exceed 5% of the total area of the wall face on which the sign shall be located or 200 square feet, whichever is less. The maximum permitted sign area of a banner sign in the R-1, R-2, R-3, and R-4 Districts shall not exceed 2.5% of the total area of the wall face on which the sign shall be located.

         (b)   Height. No wall mounted banner sign shall protrude above the highest roof line or above the top of the parapet wall or mansard roof.

         (c)   Number of signs. Only one wall mounted banner sign shall be permitted per building frontage along a public right-of-way or unit of a building along a public right-of-way.

         (d)   Location. Wall mounted banner signs shall be attached to a building.

         (e)   Projection. Such signs shall be affixed flat against the building to which they are mounted.

      (2)   Ground mounted signs. (See Figure 16-6-6(A)(2))

         (a)   Sign area. The maximum permitted sign area of a ground mounted sign shall not exceed 60 square feet.

         (b)   Height. The maximum permitted height of a ground mounted sign shall be six feet.

         (c)   Number of signs. Only one ground mounted sign shall be permitted per building frontage along a public right-of-way or unit of a building along a public right-of-way.

         (d)   Maintenance. Ground mounted signs shall be maintained in good condition and shall not sag, lie on the ground, or be torn.

         (e)   Other provisions.

            I.   No part of a ground mounted sign shall be located within any required landscape area.

            II.   Ground mounted signs shall be securely anchored into the ground or secured in a portable base designed for such function.

      (3)   Feather signs. (See Figure 16-6-6(A)(3))

         (a)   Sign area. The maximum area of a feather sign shall be 20 square feet.

         (b)   Height. The maximum height of a feather sign shall be 12 feet.

         (c)   Number of signs. Only one feather sign shall be permitted per building frontage along a public right-of-way or unit of a building along a public right-of-way.

         (d)   Other provisions.

            I.   No part of a feather sign shall be located within any required landscape area.

            II.   Feather signs shall be securely anchored into the ground or secured in a portable base designed for such function.

   (B)   Permitted locations. Table 16-6-7(B) identifies the district where temporary signs that require a permit may be located. Signs that are marked as a "P" in the table shall be authorized with a permit, subject to all applicable regulations of this article.

 

 

(Ord. 2021-05-15, passed 5-3-2021)

   Temporary signs including yard signs and temporary window signs shall be allowed without a permit in the zoning district shown in Table 16-6-7(C), so long as the temporary signs conform to the standards set forth in this article.

   (A)   Standards for temporary signs not requiring a permit.

      (1)   A-frame/sandwich board signs. (See Figure 16-6-7(A)(1)).

         (a)   Sign area. The maximum permitted sign area of an A-frame/sandwich board sign shall be six square feet.

         (b)   Height. The maximum permitted height of an A-frame/sandwich board sign shall be three and one-half feet.

         (c)   Number of signs. Only one A-frame/sandwich board sign shall be permitted per building or unit of a building.

         (d)   Duration of display. Twelve months, renewable on a 12 month basis.

         (e)   Other provisions.

            I.   No A-frame/sandwich board sign shall be located upon public property.

            II.   A-frame/sandwich board signs shall be placed in a manner to preserve a continuous sidewalk width of a minimum of five feet.

            III.   No part of any A-frame/sandwich board sign shall block points of ingress or egress.

            IV.   A-frame/sandwich board signs shall be placed no more than one foot from the wall of the building or unit of a building to which the sign is associated.

            V.   A-frame/sandwich board signs shall be placed no less than three feet and no more than six feet from the building entrance of the building or unit of a building to which the sign is associated.

            VI.   The display of A-frame/sandwich board signs shall only be permitted during the operating hours of the use which the sign is associated.

      (2)   Yard signs. (See Figure 16-6-7(A)(2)).

         (a)   Sign area. The maximum permitted sign area of a yard sign in the R-1, R-2, R-3, and R-4 Districts shall not exceed six square feet.

         (b)   Sign height. The maximum permitted height of yard signs in the R-1, R-2, R-3, and R-4 Districts shall not exceed four feet.

         (c)   Number of signs. Only three yard signs shall be permitted per lot frontage.

         (d)   Other provisions.

            I.   No part of any yard sign shall be located within any required landscape area.

            II.   Yard signs shall be securely anchored into the ground or secured in a portable base designed for such function.

      (3)   Window signs, temporary. (See Figure 16-6-7(A)(3)).

         (a)   Sign area. The maximum area of a temporary window sign shall be 25% of the square footage of the window on which the sign shall be located. Permitted temporary window sign area shall be considered in aggregate with permitted permanent window sign area.

         (b)   Other provisions.

            I.   In the B-1, B-2, B-3, O-S, and I Districts, neon tubing may comprise a maximum of 50% of the permitted temporary window sign area.

            II.   Temporary window signs shall include window film, decals and clings which are more than 50% opaque and/or contain sign copy.

   (C)   Permitted locations. Table 16-6-7(B) identifies the districts in which temporary signs authorized without a permit may be located. Signs that are marked as a "P" in the table shall be authorized without a permit, subject to all applicable regulations of this article.

 

   (A)   Unless otherwise provided for in this article, the following signs are expressly prohibited:

      (1)   Any sign which constitutes a traffic hazard by reason of size, location, design or illumination or which is likely to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device;

      (2)   Any sign which is located in the public right-of-way or extends into the public right-of-way except as permitted under these regulations;

      (3)   Off-premises signs or billboards;

      (4)   Moving, rotating or animated signs;

      (5)   Searchlights;

      (6)   Signs with flashing lights;

      (7)   Trailer-type portable signs, excluding signs placed by the village, county, or state for public health or safety purposes;

      (8)   Pennants, streamers, spinners, propellors, balloons, inflatable shapes;

      (9)   Triangular, cube or "V" shaped signs;

      (10)   Signs which emit sounds including but not limited to voice, music and similar attention getting methods;

      (11)   Signs painted on the surface of any building or structure;

      (12)   Signs containing obscene matter;

      (13)   Signs which obstruct in any manner the use of a driveway, door, window, fire escape, or access or ingress from any building or structure;

      (14)   Vehicle signs, permanent: no vehicles bearing permanently affixed signs shall be parked on public right-of-way, public property or private property for a period which exceeds three days. All vehicles displaying permanently affixed signs shall be currently licensed, operable, parked on the property of the business owning or leasing the vehicle, and in the parking area furthest from any street right-of-way, so as to minimize the effects of additional signage on the property, except for vehicles actively in transport, or in the specific act of receiving or delivering merchandise or rendering a service;

      (15)   Roof signs;

      (16)   Snipe signs;

      (17)   Outline lighting; and

      (18)   Box signs.

   (B)   Signs not listed in §§ 16-6-5 through 16-6-8 shall be deemed to be prohibited, even though such signs are not specifically listed in § 16-6-8(A).

   (C)   Obscenity prohibited. It shall be unlawful for any person to display upon any sign or other advertising structure any matter in writing or in picture, which, considered as a whole, predominantly appeals to prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, and goes substantially beyond customary limits of candor in description or representation of such matters.

(Ord. 2021-05-15, passed 5-3-2021)

   (B)   Illumination.

      (1)   Illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct rays reflecting into the public way or any. Exposed light bulbs, flashing, blinking or traveling and similar illumination are not permitted.

      (2)   Direct lighting shall be allowed only on monument signs and so long as direct rays do not reflect into the public right-of-way or onto residential lots.

   (C)   Changeable copy. (See Figure 16-6-9(C-D)). Changeable copy is allowed on monument signs in accordance with the following.

      (1)   One-third of the sign area must be permanent copy. The area of the sign devoted to changeable copy shall be part of, not in addition to, the total permitted sign area.

      (2)   The changeable copy must be protected from unauthorized changes with a protective covering or other means of securing the sign.

   (D)   Electronic message boards. (See Figure 16-6-9(C-D)). Electronic message boards are allowed on monument signs in accordance with the following.

      (1)   One-third of the sign area must be permanent copy.

      (2)   The area of the sign devoted to an electronic message board shall be part of, not in addition to, the maximum sign area permitted.

      (3)   The electronic message format shall conform to the following requirements:

         (a)   The message will contain a static message or image only and not have limited movement, or the appearance of movement, during the static display period.

         (b)   The transition to change from one message or image to another shall be instant and not dissolve, fade, scroll, travel, or have similar transitions so as not to distract motorists.

         (c)   The message shall not change more frequently than once every four seconds.

      (4)   Electronic message boards must be equipped with a default mechanism that will stop the messaging or freeze the image in one position when a malfunction in electronic programming occurs.

      (5)   Electronic message boards shall be equipped with a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim according to light conditions.

      (6)   Electronic message boards shall have a white light correlated color temperature not exceeding 4,000 degrees Kelvin.

      (7)   Illumination of electronic message boards shall not exceed three-tenth foot-candles over the ambient lighting conditions when measured at a distance equal to the square footage of the sign area.

   (E)   Construction, safety, maintenance, and abandonment. Every sign and all parts thereof, including framework, supports, background, anchors and wiring systems shall be constructed and maintained in compliance with the Property Maintenance, Building, Electrical and Fire Codes of the village.

      (1)   All signs, together with all supports, braces, guys, and anchors shall be kept in proper repair in accordance with the provisions of this article. When not galvanized or constructed of approved corrosion resistive, noncombustible materials, signs shall be painted when necessary to prevent corrosion, rust, peeling paint, and excessive fading. Failure of owners to keep signs maintained in good mechanical and visual repair shall be deemed a violation of this article.

      (2)   It shall be the duty and responsibility of the owner or lessee of every sign to maintain the immediate premises occupied by the sign in a clean condition, free of rubbish. Any landscaping surrounding the sign shall be kept trimmed and in good condition. If the landscaping planted at the time of sign installation dies, said landscaping shall be replaced immediately or as soon as weather permits.

      (3)   Every existing sign shall be subject to an inspection whenever the Community Development Director deems it necessary. In the event an inspection demonstrates that repairs and/or maintenance is necessary, the sign owner shall be notified and required to complete said repairs and/or maintenance within 30 days of notification. The Community Development Director is authorized to grant one 30 day extension, if, upon written request, it is deemed necessary due to extenuating circumstances.

      (4)   If the Community Development Director shall find that any sign is unsafe or unsecure, or is a threat to the public safety, or was, after the adoption of this article constructed, erected, or maintained in violation of the provisions of this article, he or she shall give written notice per the provisions of this article. Such notice shall specify the manner of which the sign is unsafe or in violation of this article.

      (5)   Sign copy shall be removed and in the case of a wall sign, the building facade shall be repaired, by the owner or lessee of the premises upon which the sign is located when the use which the sign is associated is no longer conducted on the premises. The sign copy shall be removed within 30 days of when the use ceases to operate. If the owner or lessee fails to remove the sign copy, the Community Development Director shall give the owner 30 days written notice to remove it. Upon failure to comply with the notice, the Community Development Director may have the sign removed at the owner's expense.

(Ord. 2015-05-15, passed 5-3-2021;Ord. 2021-09-45, passed 9-20-2021)

   (A)   All permanent signs which are in existence at the time of passage of this article, but which do not conform to one or more provisions of this article, shall be deemed to be a legal nonconforming use and may be continued only as provided in this article.

   (B)   Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment of the sign code and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans, provided construction of the sign is started within 90 days after the passage of the ordinance amendment, and is diligently prosecuted to completion.

   (C)   Whenever a nonconforming sign has been discontinued for a period of six consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be reestablished, and the sign thereafter shall be in conformity with the regulations of this code.

   (D)   Normal maintenance of a nonconforming sign is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming features of the sign.

   (E)   No structural alteration, enlargement or extension shall be made in a nonconforming sign, except in the following situations:

      (1)   When the alteration is required by law; and/or

      (2)   When the alteration will actually result in eliminating the nonconforming use.

   (F)   If a nonconforming sign is damaged or destroyed by any means to the extent of 50% or more of its replacement value at that time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the code. In the event the damage or destruction is less than 50% of its replacement value, based upon prevailing costs, the sign may then be restored to its original condition and the use may be continued which existed at the time of such partial destruction until the nonconforming sign is otherwise abated by the provisions of this code. In either event, restoration or repair must be started within a period of six months from the date of damage or destruction, and diligently prosecuted to completion.

   (G)   Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six months from the date of passage of this amendment. New temporary signs shall be allowed only in conformance with the provisions contained in Article 16-8 of this UDO.

   (H)   The Community Development Director shall, after the adoption of this sign code, notify each owner of a nonconforming sign of the manner in which such sign is not in compliance with this code. He or she shall further notify each owner of a nonconforming sign that such sign must either be brought into compliance with this code or removed prior to its required abatement date.

   (I)   Conformity of sign setbacks reduced by the exercise of eminent domain. Legal, permitted signs which do not meet the requirements of the minimum setback which conformed to the provisions of this article but were reduced in setback as a result of the exercise of eminent domain or the threat of the exercise of eminent domain by a governmental body and which are still located entirely upon private property and not in the 25 foot sight triangle shall not be found to be nonconforming with the provisions of this article as a result of the loss of such territory.

(Ord. 2021-05-15, passed 5-3-2021)