This article is intended to facilitate and promote the reasonable display of signs. The standards used in displaying signs can significantly affect the public safety as well as the value and economic stability of adjoining properties. The standards in this article are minimum standards and are intended to reduce distractions which may increase traffic accidents, and, may relieve traffic congestion, and encourage a more attractive environment. A reasonable display of signs is necessary for conducting competitive commerce and industry as well as providing motorists and pedestrians with needed information.

(Ord. No. 2012-22, § 2, 8-27-12)

The provisions of this article shall not apply to the following:

(1)

Signs not visible beyond the boundaries of the lot or parcel upon which they are situated or from any public thoroughfare or right-of-way.

(2)

Miscellaneous traffic or other official signs of any public or governmental agency, including, but not by way of limitation, railroad crossing signs, danger signs, signs displaying the speed limit, road conditions and similar cautionary advertisements.

(3)

Signs, flags or monuments identifying governmental or public uses (e.g., police and fire stations, governmental offices or garage facilities, parks or forest preserves, public schools and other similar uses).

(4)

Any sign or signs which are located completely within an enclosed building.

(5)

Tablets, grave markers, headstones, statuary or monuments providing a remembrance of persons or events of an noncommercial nature.

(6)

Works of art when not displayed in conjunction with commercial enterprise that may benefit therefrom.

(7)

Decorations or displays of a temporary nature, which celebrate the occasion of a traditionally accepted patriotic or religious holiday, provided such items are removed within 15 days of such occasion, weather permitting.

(8)

Signs on a truck, bus, trailer, or other vehicle while operated in the normal course of business provided said normal course of business is not primarily the display of such sign.

(9)

Religious symbols, monuments, icons and name identification signs displayed by a church, temple, chapel or synagogue or private school, provided such display is located on the private property of said religious facility.

(10)

Bulletin boards for public, charitable, or religious institutions, excluding private schools, when the same are located on the premises of said institution and do not exceed 15 square feet in area.

(11)

Signs which are carved into stone, concrete or similar material and are made an integral part of the structure.

(12)

Temporary signs which are placed in windows and the total window coverage does not exceed 50 percent; such signs exempt under this provision may not be erected on doors.

(13)

Political signs regulated by 65 ILCS 5/11-13-1 which are not exceeding 16 square feet on each face and are positioned so as not to obstruct the vision of drivers operating vehicles on a public right-of-way or adjacent drives.

(14)

Signs of a legal notice requirement such as "no trespassing" or alerting to dangers located on a property which are required by law.

(15)

Signs erected in connection with new construction, which are of a temporary nature and non-illuminated, provided that such signs do not exceed 32 square feet in area on each face and are displayed only during the period of time that construction is in progress (any such signs shall be located on the site where such construction is being done and which identify architects, engineers, contractors and other firms engaged in such construction).

(16)

Residential or commercial nameplate identification signs or combination nameplate and street address identification signs, provided that such signs do not exceed two square feet in surface area.

(17)

Tablets (e.g., memorials and cornerstones providing the name of a particular building, the date of its construction and similar information) which are less than four square feet and located at least five feet from the property line and are constructed of a noncombustible material.

(18)

Non-illuminated temporary signs posted by licensed contractors at residential jobsites for which a building permit has been issued during the time of active construction. Such signs shall comply with the size restrictions for the zoning district and comply with location restrictions as set forth below in section 28-350 as well as general requirements in section 28-349 and with the permission of the property owner.

(19)

Notwithstanding the above exceptions, no signs so excepted may be digital with changing light intensities and/or colors.

(Ord. No. 2012-22, § 2, 8-27-12)

(a)

No sign shall be erected, altered, relocated or changed without a permit issued by the zoning administrator or his designee. In those instances where an electrical permit is required, it shall be obtained at the same time as the sign permit.

(1)

Application for a sign permit shall be made upon forms provided by the zoning administrator or his designee and shall include the following information:

a.

Name, address, and telephone number of the applicant;

b.

Location of the building, structure, or parcel of property to which, or upon which, the sign is to be attached or erected;

c.

Position of sign in relation to nearby buildings, structures, streets, street grade, easements, and overhead utilities;

d.

Two copies of plans and specification showing method of construction, location and support, sealed by a registered architect or structural engineer;

e.

Sketch showing sign faces, exposed surfaces, type of material, and characters thereon accurately represented in scale as to size, proportion, and color;

f.

Name of person, firm, corporation, or association erecting the sign;

g.

Written consent of the owners of the building, structure, or land on or to which the sign is to be erected;

h.

Such other information as the zoning administrator or his designee shall require to show full compliance with this and all other laws and ordinances of the village.

(2)

Issuance of permits. It shall be the duty of the zoning administrator or his designee, who shall be the enforcing officer, upon the filing of an application for a permit, to examine such plans and specifications, the premises upon which it is proposed to erect the sign or other advertising structure, and other data; and if it shall appear that the proposed structure is in compliance with all the requirements of this article, and all other ordinances of the village, he or she shall then issue the permit. If the work authorized under the permit has not been completed within six months after date of issuance, the said permit shall become null and void.

(3)

Permit fees. Every applicant, before being granted a permit hereunder, shall pay the standing permit fee for each sign to the village clerk:

(4)

Indemnity agreement required. Each person maintaining a projecting sign into a public right-of-way prior to and/or after October 1, 2012, shall file with the village clerk an indemnification agreement to the village for any loss, damage, or liability which may result from the construction, maintenance or use of such a sign.

(5)

Interpretation and construction. Where there is a conflict between provisions of this article and other Municipal Code provisions, the zoning administrator shall determine which provisions shall apply by taking into consideration the intent or purposes of the conflicting provisions.

(Ord. No. 2012-22, § 2, 8-27-12)

(a)

No sign, not satisfying an exception in accordance with section 28-347, shall be permitted on a lot unless:

(1)

The sign is accessory to a lawfully established use; and

(2)

The sign is erected, constructed and maintained in conformance with this article; and

(3)

Written authorization to erect the sign has been received from the property owner or his agent.

(b)

The following requirements apply to all zoning districts subject to the exceptions therein contained:

(1)

It shall be unlawful to attach or mount any sign above the roofline of any building. It shall be unlawful to display any sign which contains flashing, moving or blinking lights, with the exception that signs, which alternately display current time and temperature with no less than seven seconds between changes are permissible. No sign shall have blinking, flashing, or fluttering lights, or other illuminating device, which has a changing light intensity, brightness or color; rotating beams, beacon or flashing illumination resembling an emergency light shall not be used in connection with any sign display. For the purposes of this section, "roofline" shall mean the top line of the face of the building.

(2)

The light from any illuminated sign shall be so shaded, shielded, or directed that the light intensity or brightness will not be directed to surrounding areas in excess of one-half footcandle when measured at the lot line. Where illumination of signs is permitted, such light shall not be projected toward or onto adjacent properties located in a residential district and shall be kept to a minimum during non-business hours. Further, the shielding shall be designed such that the light source is not visible from within any residential dwelling unit, nor deemed by the zoning administrator, with consultation by the chief of police or his designee, to be directly visible by any driver on or turning onto a public right-of-way or, if indirectly visible, be a distraction or interference to any driver on or turning onto a public right-of-way.

a.

Signs which utilize digital operational technology must include the following:

1.

All such signs shall incorporate a fail safe system such that if malfunction occurs, the sign must display black.

2.

During any brownouts, the sign must be automatically shut down.

3.

The dynamic sequence must be shut off from 11:00 p.m., or one-half hour after close of business, whichever is later, until 6:00 a.m., unless the business operates 24 hours.

4.

The greatest brightness measurement maximum candlepower may not exceed three footcandle if white light measured at a distance of 15 feet.

5.

The digital technology portion of any sign may not exceed 30 percent of the total sign face.

6.

The minimum distance between adjacent digital signs along rights-of-way with a speed limit of 55 MPH or greater must be not less than 1,000 feet.

7.

No digital sign may be erected in proximity to a hill or curve on the adjacent roadway which is deemed a traffic hazard by the zoning administrator after a review by the chief of police or his designee.

8.

The brightness adjustment must be tied to ambient light levels.

9.

Dynamic signs must be limited to animated motion not to exceed seven seconds, intermittent with static period of a minimum of seven seconds; no strobes or flashing is permitted.

10.

Adjacent digital signs bearing messages which are tied together resulting in one continuous message are not permitted.

11.

No digital or electronic viable message sign may be mounted on a moving vehicle driving on any roadway with a speed limit greater than 30 MPH.

12.

No digital or dynamic sign may be operated in the heritage preservation district.

13.

No interactive signs are permitted, that is, incorporating any potential for interactivity with any driver.

b.

Manual changeable message board signs shall be permitted when incorporated into a ground sign subject to all applicable standards herein, and the following conditions:

1.

No more than 50 percent of the ground sign area provided shall be used as a message board sign.

c.

A-frame signs will be allowed for businesses located within the B-1 central business district and subject to the following provisions:

1.

An annually renewable no fee permit is required for A-frame signs. The sign owner shall provide the Village of Crete with an appropriately worded indemnity and the minimum acceptable liability insurance coverage, whether or not it is located on a public right-of-way, prior to the issuance of a permit. The village accepts no liability for any injury or damage caused by a sign. One A-frame sign per business is permitted.

2.

The maximum allowed size for an A-frame sign shall be six square feet (approximately three feet by two feet).

3.

The A-frame shall not obstruct the view of motor vehicles or pedestrians in such a fashion as to create a safety hazard.

4.

The messages placed on A-frame signs must relate to the business for which the permit was issued and must be located adjacent to the business for which the permit was issued.

5.

The permit holder is responsible for the maintenance and upkeep of the sign.

6.

Signs shall be displayed during normal business hours and shall be removed after the business has closed.

(3)

It shall be unlawful to post any sign which shall in any way obstruct the clear view by any driver of any street, intersection, traffic control signal or device, driveway or walkway. In addition, in order to obtain and secure traffic safety, no sign shall be erected or maintained in such a manner as to be likely to interfere with, obstruct the view of or be confused with any other authorized traffic sign, signal or device. Accordingly, no sign, marquee, canopy, or awning shall make use of the words "Stop", "Go", "Look", "Slow", "Danger", or a similar word, phrase, symbol, or character, or employ any red, yellow, orange, green, or other colored lamp in such a manner as to interfere with, mislead, or confuse traffic. The determination of adverse effect on traffic safety shall be the sole discretion of the zoning administrator with the advice of the chief of police or his designee.

(4)

All signs shall be securely anchored so as not to endanger or imperil public safety. Wind pressure and dead load requirements are as follows. Any sign or advertising structure, as defined in this article, shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of net surface area and to receive dead loads as required in the building code or other ordinances of the Village of Crete.

(5)

It shall be unlawful to permit any sign to be placed within the public right-of-way (unless erected by the state, county or village for traffic control.) "Signs at elevations between two feet and six feet above the roadway located on corner lots within the triangle formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines (or in the case of a rounded property corner the intersection of the street lines extended) are deemed to be a prohibited sight obstruction; for interior lots the same prohibition applies to a triangle formed by the street property line and edge of any driveway and the line connecting them at points ten feet from the intersection of the street property line and the driveway."

(6)

All signs shall be subject to inspection by the zoning administrator or building inspector or code enforcement officer; moreover, such officer may condemn any sign which does not conform to this chapter or poses a threat to public safety and order the removal thereof.

(7)

It shall be unlawful to post any sign on a street right-of-way or other public property or traffic control device or utility pole unless permission to do so has been granted by the board of trustees. It shall be unlawful to post or attach any sign to a tree, utility standpipe, gutter drain or fire escape.

(8)

Every sign shall be maintained in a safe, and structurally sound condition and free of peeling paint or peeling adhesive covering, rust, rot or damaged components. The sign and sign supports must be kept painted to prevent rust, rot or deterioration. If they become rusted, rotted or deteriorated, they must be immediately repaired or replaced.

(9)

It shall be unlawful to post and maintain any sign, which advertises a use or service which is no longer in existence or provided; the zoning administrator or building inspector shall apply to the circuit court of the county for an order authorizing the removal of a particular sign and any supports if the owners thereof, including the lien holders of record, after at least 15 days written notice by mail to do so, have failed to remove the sign. Any costs and expenses including attorney fees incidental thereto shall be paid by the owner of the property to which such sign is attached and shall be a lien against the property.

(10)

It shall be unlawful to post any sign or billboard which directs attention to a business, commodity, service or entertainment, conducted, sold or offered elsewhere than in and upon the premises where the sign is located or the building to which it is affixed unless specifically permitted by the board of trustees.

(11)

It shall be unlawful to permit the display by vehicle, whether by truck, bus, trailer or other such vehicle of any sign or display having as its primary purpose the advertisement of the particular business or businesses unless a permit has been secured in subsection 28-348(a).

(12)

Conformance with electrical code. All signs in which electrical wiring and connections are required shall conform to the applicable provisions of the village electrical code, as amended and incorporated by reference by the Village of Crete, including but not limited to obtaining an electrical permit.

(13)

Any glass forming a part of a sign shall be safety glass. In case any single pane of glass has an area exceeding three square feet, it shall be wired glass.

(14)

No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, or fire escape. No sign of any kind shall be attached to a standpipe or fire escape. Also, no sign shall be placed so as to obstruct the view by a police officer or other public safety designate of cash registers or other valuable items accessible to the public.

(c)

If the zoning administrator shall find that any sign is unsafe, not secure, or a danger to the public, or has been constructed erected, or maintained in violation of the provisions of this section, he/she shall give written notice to the permittee thereof. If the permittee fails to remove or alter the structure so as to comply with the standards herein set forth within ten days after such notice, then the president and board of trustees on the recommendation of the zoning administrator, may declare such sign to be a public nuisance and direct the removal of such sign as required by law.

(d)

It shall be unlawful to post or maintain any sign which identifies or advertises a use, business, product or service, which is no longer in existence or is no longer provided; such signs shall be removed immediately upon termination of business or change in use or business by the owner, agent or person having beneficial use of the building, structure or property. This removal shall include all portions of the sign including sign supports; provided further, the zoning administrator may issue a written permit to allow masonry bases or decorative supports to remain intact for future use or modification. Failure to comply with this provision and after written notice to comply is mailed to the address in question, the president and board of trustees, on the recommendation of the zoning administrator, may, after seven days have passed after mailing, declare such sign to be a public nuisance and direct the removal as required by law. Any costs and expenses including attorney fees incidental thereto to said nuisance removal shall be paid by the owner of the property upon which said sign is located and shall be a lien upon said property until paid in full.

(e)

Any existing sign regulated under this chapter rendered nonconforming by the adoption of this 2012 amendment to the sign ordinance shall be permitted to remain in use, subject to the following provision:

(1)

Any sign not in conformance with the allowable area (square feet) or allowable heights (lineal feet) provisions of this chapter by an amount less than 20 percent in excess of the allowable area or allowable heights, shall be permitted to remain as a legal nonconforming use throughout the useful life of the sign as long as it is maintained in conformance with all other provisions of this article.

(2)

Any sign not in conformance with the allowable area or allowable height provisions of this chapter by an amount greater than or equal to 20 percent in excess of the allowable area or allowable height, or is nonconforming with any other provision of this chapter, must be brought into conformance by modification, replacement or removal when:

a.

More than 50 percent of the nonconforming sign must be replaced due to physical deterioration or damage; or

b.

The business to which the sign pertains is sold, provided the compliance is stayed for 24 months from the date of sale as long a business identified or advertised is continued on the property.

Notwithstanding the above, all nonconforming signs must be brought into full compliance with all applicable village requirements within 60 months of the effective date of this ordinance, that is, October 1, 2017.

(f)

Revocation of permits. The building inspector may revoke any permit issued by the building department if the holder thereof fails to comply with any provision of this article.

(1)

Nonconforming signs are signs which were lawful when constructed and become nonconforming at the time of enactment of this amendment to article X, or any future amendments thereto, or the annexation of the property on which they are located to the village and such signs shall be subject to amortization in accordance with the provisions hereof.

(2)

Any signs which when erected and installed, were not in full compliance with the terms of this article X, as amended, or any applicable laws or ordinances of the legal entity having jurisdiction thereof if erected and installed prior to annexation to the village of the property on which they are located, including those signs prohibited under subsection 28-349(a) hereof, shall be considered unlawful or illegal nonconforming signs which shall be required to be removed immediately upon enactment of this article X, or any amendment thereto, or annexation of the property on which they are located to the village.

(3)

All lawful nonconforming signs, other than signs which are prohibited under the provisions of subsection 28-349(a) hereof, may be continued for a period of time not exceeding the remaining, or undepreciated, useful life of such signs, based on the formula used in the depreciation schedule on the income tax returns of the owner of such sign, or any other reasonable formula which will provide an adequate period for the depreciation of the sign, not exceeding 60 months beyond the effective date of this ordinance, that is, October 1, 2017.

(4)

Any change to an existing legal nonconforming sign, including a sign face change, shall require such sign to comply in its entirety immediately with all the provisions of this zoning ordinance, including this article X.

(Ord. No. 2012-22, § 2, 8-27-12; Ord. No. 2013-23, § 2, 12-9-13)

The following development standards are effective for all signs installed, or repaired or replaced to an extent greater than 50 percent of the sign area on or after October 1, 2012. The determination of whether 50 percent or greater of the sign area is involved is solely that of the zoning administrator and said decision may be appealed in accordance with division 9 of this chapter.

(1)

Number and location (except as otherwise provided in the IL-394 Corridor).

a.

All signs shall be located on the same zoning lot as the use they identify.

b.

R-1, R-2, R-3, R-4, R-E and RE-U zoning districts. One sign shall be allowed for each residential lot which shall conform with the provisions established in this article X.

c.

B-1, B-2, B-3 zoning districts. One primary sign conforming to the provisions herein established shall be allowed for each principal building. Corner properties may have two signs, the total area which shall not exceed the allowable primary sign area.

No sign shall project into the public right-of-way unless it has a vertical clearance of nine feet if suspended over pedestrian traveled areas, nor shall a sign attached parallel to a building exceed more than 12 inches from the face of the building.

d.

B-4, I-1 and I-2 zoning districts. The number and location of signs in these districts shall be recommended as part of the site plan review process and approved by the village board through the site plan approval process.

(2)

Sign face area.

a.

R-1, R-2, R-3, R-4, RE and RE-U zoning districts. For single-family detached and attached dwellings, one sign not exceeding six square feet in area; and for multiple-family dwellings, a single identification sign not exceeding five square feet in area. Such signs may be illuminated by non-flashing direct or indirect illumination from a source of artificial lighting customarily accessory to residential uses.

b.

B-1 zoning district. One sign with a surface area no greater than 36 square feet per business establishment or two sided, 18 square feet per side, provided each such sign shall have a vertical clearance of at least nine feet if suspended over pedestrian traveled areas.

c.

B-2, B-3 and B-4 zoning districts. The total sign area allowed in the business districts shall be based on the following schedule:

Exception: In a shopping center over 100,000 square feet under single ownership or control, one sign not affixed to a building may be erected for the shopping center, and this sign shall not exceed 120 square feet in area per side. The overall height of the sign shall not exceed 20 feet above the centerline of the street at a point nearest the sign. Such sign shall not project over a public right-of-way. Structural supports shall be fully enclosed and not exposed to view. Structural support coverings shall be designed to be an architectural enhancement to the shopping center.

d.

I-1 and I-2 zoning districts. The allowable sign face area permitted in the I-1 and I-2 districts shall be one-half (0.5) square foot for each lineal foot of site frontage; however, in no case shall a sign exceed 120 square feet in area unless reviewed by the plan commission and approved by the village board.

e.

Properties abutting IL-394. For properties that directly abut the right-of-way of IL-394, additional signage may be allowed according to the following formula: the amount of additional signage shall be no more than four percent of one building face area which most directly faces the limited access highway and said signage shall be mounted wholly within the perimeters of said building face area utilized in the calculation.

(3)

Height limitations.

a.

Freestanding signs.

1.

Residential districts. No sign shall be mounted at a height which causes the top of the sign to exceed six feet more than the elevation of the centerline of the street.

2.

All other zoning districts. No sign within a business or industrial area shall be erected at a height which causes the top of the sign to exceed ten feet. Notwithstanding this limit, shopping center signs may be constructed in accordance with subsection 28-350(2)c., of this article. Structural supports shall be fully enclosed and not exposed to view. Structural supports are those supports which are necessary to stabilize or otherwise brace the sign. Architectural supports are those supports which are not essential in stabilizing the sign and which add a distinctive feature to the overall appearance of the sign. Structural support coverings shall be designed to be an architectural enhancement to the building associated with the sign.

b.

Building mounted signs. No building-mounted sign shall extend above the top line of the face of the building.

c.

Properties abutting IL-394. If a nonresidential zoning lot line directly abuts the right-of-way of IL-394, such freestanding sign shall be located no closer than 75 feet from the side lot lines or within 150 feet of an existing sign or area within which a future freestanding sign on an adjacent property may be located.

(4)

Architectural land landscape requirements.

a.

Freestanding signs.

1.

Any permanent freestanding sign constructed in any business or industrial district shall be architecturally compatible with the building(s) it identifies. Such architectural compatibility shall be determined through the site plan approval process for construction. Architectural compatibility for permanent freestanding signs constructed by an existing business source shall be determined by the zoning administrator through the permit approval process. Structural supports shall be fully enclosed and not exposed to view. Structural support coverings shall be designed to be an architectural enhancement to the building associated with the sign.

2.

Any permanent freestanding sign constructed in any business or industrial district shall include extensive landscaping around the base of the sign so as to screen the base of the sign from view from the adjoining street and adjoining properties. The type and amount of landscaping shall be determined through the site plan approval process. Landscaping requirements for permanent freestanding sign constructed by an existing business or use shall be determined by the zoning administrator through the permit approval process.

Decisions made by the zoning administrator in this article may be appealed in accordance with division 9 of this chapter.

(Ord. No. 2012-03, § 2, 2-13-12; Ord. No. 2012-22, § 2, 8-27-12)

The board of trustees may upon request permit the use of signs having an obviously temporary use and nature and which are not allowed under other provisions of this article. The regulations under this section shall also cover the use of banners, pennants, flags, streamers, inflatable items or other similar attention grabbing paraphernalia or advertising system. The board of trustees shall establish any and all locations, special restrictions as applicable to the situation, length and height limitations and duration of posting as part of its grant of approval. For temporary signs not exceeding a 30-day posting period and not deviating from the general requirements (section 28-349) or district regulation (section 28-350) as to size, the board of trustees may delegate to the village administrator the authority to approve said permits upon receipt of the required fee. Any permit issued under this delegated authority shall establish location(s), special restrictions, length and height limitations and duration of posting. Appeals from decisions made pursuant to this grant of authority may be made in accordance with article II, division 9 of this Code; however said appeal shall be directly to the board of trustees.

(Ord. No. 2012-22, § 2, 8-27-12; Ord. No. 2013-23, § 2, 12-9-13)