Diamond City Zoning Code

SIGNS

§ 151.150 GENERAL PROVISIONS.

(A) Applicability. The regulations set forth in this subchapter shall apply to and govern signs in all zoning districts in the village. No sign shall be erected, repaired, altered, relocated or maintained except in conformance with this subchapter unless the sign is otherwise specifically regulated by a special use provision or provisions relating to variances.

(B) Purpose. The purpose of these regulations is to promote the use of signs which are safe, aesthetically pleasing, legible, and compatible with their surroundings. These regulations also encourage the effective use of signs as a means of identification for businesses and organizations in the village.

(Ord. 2015-08, § 12.01, passed 6-23-2015)

§ 151.151 SIGN DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED SIGN. A sign which no longer directs attention to or advertises any person, business, lessor, owner, product, idea, place, activity, institution, or service.

ADVERTISING MESSAGE. The words on a sign describing products or services being offered or available to the public.

ANIMATED SIGN. A sign that incorporates or includes movement either physically or electronically with lights or figures.

AREA OF SIGN. SIGN AREA shall be the gross surface area within a single 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 forming an integral part of the display or to differentiate the sign from the background to which it is placed. Structural supports bearing no sign copy shall not be included in gross surface area.

AWNING. A shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. When an AWNING contains, embodies or displays any words, trademark, logo illumination or similar representation, these elements shall constitute a SIGN.

BACKGROUND AREA. The entire area of a sign on which copy could be placed, as opposed to the copy area, when referred to in connection with wall signs.

BANNER. A sign made of paper, plastic, or fabric of any kind which is intended to be hung either with or without a frame, with or without applied characters, letters, illustrations, or ornamentations, excluding national, state or governmental flags.

BEACON. A stationary or revolving light (also known as a SEARCHLIGHT) which flashes or projects illumination, single color or multi-colored, in any manner which is intended to attract or divert attention. This term is not intended, however, to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Administration or similar agencies.

BILLBOARD. A sign which advertises a business service, organization, event, person, place, or thing, not offered at or relating to the zoning lot upon which the sign is placed.

BUILDING FACE OR WALL. The wall and window area of a building in 1 plane or elevation.

BUILDING FRONTAGE. The linear length of a building facing the right-of-way.

BUSINESS FRONTAGE. The frontage of a lot on a public right-of-way or privately owned circulation road.

CANOPY. A structure other than an awning made of cloth, metal or other materials with frames affixed to a building and carried by a frame which is supported by the ground. When a CANOPY contains, embodies or displays any words, trademark, logo lighting or similar representation, those elements constitute a SIGN.

CHANGEABLE COPY. Letters, numerals or other graphics which are not permanently affixed to a structure and/or set for permanent display, and are intended to be alterable through manual or electronic means.

DIRECTIONAL SIGN. A sign of noncommercial nature which directs the reader to public parks, buildings, historical structures or areas, schools and other public institutions; or provides information concerning traffic circulation or parking.

ELECTRONIC MESSAGE SIGN. A sign that uses changing lights to form a message or messages wherein the sequence of messages and the rate of change are electronically programmed and may be modified by electronic processes.

FAÇADE. The face of a building from grade to the top of the roof or parapet in height, and from side wall to side wall or front wall to rear wall in width.

FEATHER SIGN. A lightweight portable or nonportable sign typically consisting of a flag or fabric mounted to a pole which is driven into the ground.

FLASHING SIGN. Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Automatic changing signs such as the public service time, temperature and date signs, or electronically controlled message centers shall be classified as “changeable copy signs,” not “flashing signs.”

FREESTANDING SIGN. Any sign supported by structures or supports that is placed on, or anchored in, the ground, and are independent from any building or other structure. Pole signs and monument signs are both examples of FREESTANDING SIGNS.

HEIGHT OF A SIGN. The vertical distance measured from the upper surface of the nearest street curb (other than an elevated roadway), to the highest point of the sign.

HIGHWAY IDENTIFICATION SIGN. A sign designed to be seen by motorists traveling along an interstate highway.

ILLUMINATED SIGN, EXTERNAL. Any sign which is illuminated by lamps not installed on or within the sign face.

ILLUMINATED SIGN, INTERNAL. Any sign which is illuminated by means of light transited through the sign face. INTERNALLY ILLUMINATED SIGNS include signs where the lamps are mounted on the sign face.

MENU BOARD. A permanent sign used to inform the public of the list of food and drink items available at a restaurant, including the corresponding prices. MENU BOARDS are typically associated with a drive-through facility.

MONUMENT SIGN. Any sign where the bottom side of the sign is placed, or mounted on a base at least as wide as the sign that is permanently placed, on the ground. A MONUMENT SIGN shall have no visible posts, poles, pylons, or other supports designed to raise the sign above the ground. MONUMENT SIGNS are also referred to as GROUND SIGNS and are also considered a freestanding sign.

NIT (UNIT). A unit of measurement which measures luminous intensity. One NIT equals 1 candela per square meter.

NONCONFORMING SIGN (LEGAL). A NONCONFORMING SIGN shall be any sign which:

(1) Was lawfully erected and maintained prior to such time as it came within the purview of this subchapter and any amendments hereto, and which fails to conform to all applicable regulations and restrictions contained in this subchapter; or

(2) A nonconforming sign for which a permit has been issued.

OBSCENE. Statements, words, suggestions, or pictures of an indecent or immoral character, such as will offend public morals or decency.

PARAPET. That portion of the wall of a building that rises above the roof level.

PENNANT. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.

POLE SIGN. A sign mounted on 1 or more freestanding pole(s) or pylons.

PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to:

(1) Signs designed to be transported by means of wheels.

(2) Signs converted to “A” or “T” frames.

(3) Sidewalk signs.

PROJECTING SIGN. Any sign affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall.

RESIDENTIAL DEVELOPMENT SIGN. Permanent residential development signs at major entrances designed to identify a residential subdivision, and containing no advertising.

ROOF SIGN. Any sign erected, constructed, and maintained entirely or partially upon or over the roof of any building, with the principal support on the roof.

ROOF SIGN, INTEGRAL. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than 6 inches.

SIGN. A symbol, lettering, pictorial representation, or combination thereof used for information, identification, or directional purposes or to sell or advertise products, services, activities or events.

SIGN FACE. The entire area of a sign on which copy could be placed.

TEMPORARY SIGN. A sign installed, affixed, or maintained for a short, fixed, period of time.

TENANT IDENTIFICATION SIGN. A sign used where more than 1 business occupies a building or development, for the sole purpose of identifying which businesses are located within that building or development.

UNLAWFUL SIGN. A sign which does not meet the terms of this subchapter or which the village has declared to be unlawful because it poses a danger to public safety by reason of dilapidation or abandonment; a nonconforming sign for which any permit required under any previous ordinance was not obtained.

VEHICULAR SIGN. Any advertising or business sign attached to or painted on a motor vehicle or trailer, which is parked or placed in position for display to the public.

WALL SIGN. A sign which is placed against a building or other structure and which is attached to the exterior of a building.

WINDOW SIGN. A sign that is posted on the interior or exterior of a window of a building or structure which is intended to be read from the exterior of the building or structure.

(Ord. 2015-08, § 12.02, passed 6-23-2015)

§ 151.152 SIGNS NOT REQUIRING A PERMIT.

No permits shall be required for the following signs when erected or displayed and in accordance with all other requirements of the zoning district in which they are located.

(A) Interior signs. Any sign which is completely within an enclosed building and which is not visible from outside the building.

(B) Monuments and markers. Address, numerals, tablets, grave markers, headstones, statuary, or remembrances of persons or events which are non-commercial in nature.

(C) Decorations and displays. Non-commercial decorations or displays celebrating the occasion of legal or religious holidays and which are erected and/or maintained for a period of less than 45 days. Such decorations or displays may be illuminated.

(D) Real estate signs. Signs used to offer for sale, lease or rent the property upon which the sign is placed.

(1) Residential. One real estate sign shall be allowed per lot with a maximum area of 6 square feet and a maximum height of 6 feet from grade.

(2) Non-residential. One real estate sign shall be allowed per lot with a maximum area of 32 square feet and a maximum height of 15 feet from grade.

(E) No-trespassing and no-dumping signs. No-trespassing or no-dumping signs not exceeding 2 square feet in area per sign.

(F) Political signs. Any sign or poster announcing or describing candidates seeking public political office, announcing or describing political issues and data. Such signs shall contain a sign surface area not to exceed 16 square feet. Such signs shall not be located in a public right-of-way.

(G) Garage/rummage sale signs. Signs announcing the sale of new or used personal property from a private residence where the sale activity is occasional and infrequent and not associated with a permanent commercial establishment.

(H) Employment or help wanted signs. Employment or help wanted signs which are placed on the premises of the establishment which intends to employ the personnel described in the sign. Employment or help wanted signs shall, in the aggregate, not exceed 4 square feet for any 1 establishment. Additionally, there shall be no more than 2 such signs displayed for any 1 establishment.

(I) Window signs. There is not a limit to how many window signs an establishment may have as long as the area of the signage does not exceed 40% of the display glass of each window.

(J) A-frame or T-frame signs. These portable signs do not need a permit when the total sign area is below 10 square feet. There shall be a maximum of 1 A- or T-frame sign allowed per establishment and may only be displayed during business hours.

(K) Temporary signs. Temporary signs not exceeding 8 square feet in area. They shall be displayed for no longer than 30 days. An extension of the display period may be granted by the Zoning Administrator for a maximum of 90 days. While a permit is not required for a temporary sign, anyone installing a temporary sign must register the sign with the Zoning Administrator. Such registration will identify the location, date of installation, and contact information for the person installing the sign.

(L) Promotional displays. Inflatable signs and tethered balloons, pennants, feather signs, and beacons shall not require a permit. However, anyone installing a promotional display must register the display with the Zoning Administrator. Such registration will identify the location, date of installation, and contact information for the person installing the sign. Such devices shall be displayed for no longer than 30 days. An extension of the display period may be granted by the Zoning Administrator for a maximum of 90 days.

(Ord. 2015-08, § 12.03, passed 6-23-2015)

§ 151.153 PROHIBITED SIGNS.

The following signs shall be prohibited:

(A) Flashing lights or strobe lights.

(B) Home occupation signs.

(D) Any sign which blocks any required street, alley access-way, or interferes with the public right- of-way.

(E) Any sign which is located on vacant property except a sign advertising the premises for sale or lease and which meets the standards of § 151.152(D).

(F) Any sign attached to a tree or utility pole.

(G) Any sign posted or similarly posted directly on the surface of any wall or structure advertising items that are not sold within the permitted business use.

(H) Any sign which may be in conflict with public traffic signals.

(I) Any sign in a public right-of-way (other than those installed by the village, township, county, or state).

(Ord. 2015-08, § 12.04, passed 6-23-2015)

§ 151.154 SIGN PLACEMENT.

(A) Corner lots. No sign having a height of more than 30 inches above the crown of the adjacent streets shall be constructed or placed within a triangular area of 25 feet from the point of intersection of the 2 street right-of-way lines forming such corner lot.

(B) Driveways. No sign having a height of more than 30 inches above the driveway edge shall be placed within a triangular area created by a line connecting points along the public right-of-way and the

outer edge of a driveway, which points are established 10 feet distant from the intersection of the right- of-way (typically the sidewalk) and the outer edge of the driveway.

CORNER LOT VISION TRIANGLE DRIVEWAY VISION TRIANGLE

(Ord. 2015-08, § 12.05, passed 6-23-2015)

§ 151.155 ILLUMINATION.

In addition to other applicable requirements set forth in this subchapter, all illuminated signs must comply with the following provisions:

(A) With the exception of changing signs (automatic) as defined herein, all illuminated signs within 150 feet of any residential zoning district shall be turned off between the hours of 11:00 p.m. and 7:00 a.m. unless the establishment is engaged in the operation of business during such period, in which case the sign may be lit during the hours of operation only.

(B) Illumination shall be installed or applied only through a translucent surface; or recessed into the sign structure; or if the light source is external to the sign, directed to and concentrated on the sign.

(C) Signs shall be shaded as necessary to avoid casting a bright light upon property located in any residential district or upon any public street or park.

(D) Floodlights, gooseneck reflectors or other external sources of illumination shall be contained within a protective casing.

(E) No illuminated sign shall be of the flashing or intermittent type, except that advertising devices denoting the time, temperature and other similar information shall not be considered a flashing sign for the purposes of this chapter.

(Ord. 2015-08, § 12.06, passed 6-23-2015)

§ 151.156 ELECTRONIC MESSAGE SIGN.

Any electronic message sign must comply with the following standards:

(A) The maximum area of the electronic message shall not exceed 50% of the total permitted sign area.

(B) The frequency of the message change shall not exceed once every 6 seconds. The message shall not flash but may scroll into place.

Color	Daytime	Nighttime
Amber or red only	5,000 Nits	1,750 Nits
Full color	7,000 Nits	2,500 Nits

(D) Prior to issuing a permit for an electronic message sign, applicant shall provide written certification from the sign installer that the light intensity has been pre-set not to exceed the levels specified in the table above. Additionally, access to the intensity level must be protected from end-user manipulation by password protected software or another method deemed appropriate by the Zoning Administrator.

(Ord. 2015-08, § 12.07, passed 6-23-2015)

§ 151.157 GENERAL REGULATIONS.

(A) Authorization by owner. Except as provided in § 151.152, no person shall erect, alter, or relocate any sign within the village without first obtaining the express consent of the owner of the land upon which the sign shall be erected, altered or relocated, in addition to obtaining a sign permit from the village.

(B) Vertical and horizontal extension. Any sign placed flat against a wall, mansard roof, canopy or awning shall not extend more than 1 foot beyond any vertical corner edge of such wall, canopy, awning, roofline or parapet.

(D) Inspection. Every new sign requiring a permit shall be subject to a general inspection, electrical inspection, footing inspection, and any other inspection(s) deemed necessary by the village.

(E) Maintenance. Every sign, regardless of whether any permit is required for such sign, shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of nonfunctioning, broken or defective parts, painting, repainting, cleaning and any other acts required for the maintenance of such sign. All signs and sign supports shall be kept painted, or otherwise treated, to prevent rust, rot or deterioration.

(F) Vehicles with signs. Any vehicle or trailer sign shall be exempt from the regulations of this subchapter, except for the following:

(1) The overnight parking of any vehicle or trailer bearing a sign shall be permitted at the private residence of the vehicle operator or at the location of the business.

(2) The intentional parking of any vehicle bearing a sign in such a way or in such a location that the vehicle functionally serves as a sign, advertising or directing viewers to the business or activity to which the signage refers, shall be prohibited.

(3) The parking of any vehicle or trailer bearing a sign in public view which is not in operating condition and/or lacks a current registration shall be prohibited.

(Ord. 2015-08, § 12.08, passed 6-23-2015)

§ 151.158 SIGNS PERMITTED IN ALL DISTRICTS.

(A) Planned development and subdivision identification signs. Freestanding monument signs shall be permitted for the purpose of identifying planned developments or subdivisions in any zoning district which is 3 acres or more.

(B) Directional signs and markers.

(1) Signs announcing the location of, or directing traffic to, given locations which include, but are not limited to, the following:

(a) Service areas – automobile, food, lodging.

(b) Public and quasi-public information signs.

(2) Directional signs shall not exceed 4 square feet in area and shall not exceed 4 feet in height as measured from the top of the adjacent curb.

(C) Construction signs. Construction signs shall be allowed in all zoning districts for the purpose of identifying the construction of individual buildings or projects. Construction signs shall not be erected any earlier than 4 months prior to actual construction and must be removed within 30 days of completion of construction.

(Ord. 2015-08, § 12.09, passed 6-23-2015)

§ 151.159 SIGNS PERMITTED IN RESIDENTIAL DISTRICTS.

In all residential districts, the following classes of signs are permitted in accordance with the regulations:

(A) Nameplates and identification signs.

(1) For 1- and 2-family dwellings, there shall be not more than 1 nameplate, not exceeding 1 square foot in area, for each dwelling unit indicating the name or address of the occupant or a permitted occupation.

(2) For multiple-family dwellings, for apartment hotels and for buildings other than dwellings, a single identification sign not exceeding 9 square feet in area and indicating only the name and address of the building and the name of the management thereof may be displayed.

(B) Signs accessory to parking areas.

(1) Signs designating parking area entrances or exits are limited to 1 sign for each such exit or entrance and to a maximum size of 2 square feet each. One sign per parking area, designating the conditions of use or identity of such parking area and limited to a maximum size of 9 square feet, shall be permitted. On a corner lot 2 such signs, 1 facing each street, shall be permitted.

(2) No sign shall project higher than 1 story or 15 feet above curb level.

(Ord. 2015-08, § 12.10, passed 6-23-2015)

§ 151.160 SIGNS PERMITTED IN NON-RESIDENTIAL DISTRICTS.

In all non-residential districts, the following signs are permitted:

(A) All signs and nameplates which are permitted in the residential districts.

(B) Wall signs. Total area for all wall signs is limited to a maximum of 10% of the façade upon which the signs are to be mounted. Wall signs are generally permitted on the façade facing a public street; except:

(1) Corner lots may have wall signs facing both streets.

(2) Wall signs are also permitted on rear façades that back to an internal commercial street.

(3) Rear signs that face residential developments are prohibited.

(1) There shall be a maximum of 1 freestanding sign allowed per zoning lot.

(2) Freestanding signs shall not exceed 20 feet in height.

(3) The sign area shall not exceed a total of 100 square feet per side.

(4) The sign shall be located with a minimum setback of 5 feet from any property line or from the back of the curb of an adjacent access drive.

(5) All signs shall be landscaped at their base in a method harmonious with the landscape concept for the whole site.

(6) The sign is allowed to be a changeable copy sign.

(7) If the sign includes an electronic message component, regulations in § 151.156 must be followed.

(8) For an integrated multi-tenant business development (like a shopping center or business park) in single ownership and management, or under unified control, 1 additional sign may be erected not exceeding 200 square feet in area per side advertising the name and the location of the integrated shopping center and major tenants. The overall height shall not exceed 35 feet above curb level or above the adjoining ground level if such ground level is above the street level.

(D) Awning or canopy signs. One canopy or awning sign shall be permitted provided no wall sign faces the same street frontage. Canopy signs shall count towards the total sign area permitted, and shall maintain a clearance of 8 feet between the lowest point of the canopy and the grade below.

(E) Beacons. A maximum of 1 beacon shall be allowed for grand openings and a permit must be obtained before use.

(F) Portable signs.

(1) Any portable sign with a total sign area larger than 10 square feet will require a permit.

(2) A maximum of 1 portable sign will be permitted per establishment.

(3) Portable signs shall be displayed for no longer than 60 days. An extension of the display period may be granted by the Zoning Administrator for a maximum of 90 days.

(G) Projecting signs.

(1) A maximum of 1 projecting sign will be permitted per establishment instead of a permitted wall sign.

(2) The total sign area of a projecting sign will be included in the calculations for the total amount of wall signs permitted.

(3) Any projecting sign shall be a minimum height of 7 feet above the sidewalk or ground below it.

(4) Any projecting sign may not extend more than 3 feet into the right-of-way.

(5) There shall be a maximum of 32 square feet in area per side.

(H) Menu board signs. For restaurants with drive-through facilities, 2 freestanding menu board signs per lot shall be permitted provided that individual signs do not exceed 36 square feet in area or 8 feet in height.

(I) Billboards.

(1) Billboards larger than 64 square feet shall only be permitted in industrial districts.

(a) Billboard, advertising signs and poster panels shall have a sign area not exceeding 275 square feet.

(b) All billboard, advertising signs and poster panels shall be set back from the right-of-way a distance of at least the minimum building setback requirement of the district.

(c) The minimum distance between any 2 billboards, advertising signs or poster panels located on the same side of a street or highway shall be not less than 4 feet for every 1 square foot of the total area of 2 signs.

(d) No sign shall project higher than 25 feet above the ground level beneath it.

(e) No billboard sign shall be located within 500 feet of any public park of more than 5 acres in area, or any freeways, expressways and tollroads designated as such in the records of the governing authorities.

(f) No billboard sign shall be located within 100 feet of any residence district.

(2) Billboards of less than 64 square feet shall be permitted in the B-3 District if within 300 feet of the intersection of the I-55 ramp and Route 113.

(J) On-premises freestanding highway identification signs. In addition to any signs otherwise permitted under this subchapter, 1 on-premise freestanding sign used for highway identification, not to exceed 400 square feet in surface area, and not to exceed 60 feet in height, shall be allowed per subdivision or planned development unless otherwise specified, provided that the following criteria are met:

(1) The property is located in a B-3 zoning district.

(2) All of the property is located within 1,500 feet of the centerline of an Interstate Highway 55.

(3) The property is not less than 1 acre in size.

(4) The minimum separation distance between 1 on-premises freestanding highway identification sign and another on-premises freestanding highway identification sign shall be 500 feet.

(5) No on-premises freestanding highway identification sign shall be located nearer than 500 feet from any residential district, residential use in a planned development, school, public park or place of worship.

(6) Co-location of multiple tenant signs on a single structure is encouraged over multiple individual signs. No more than 5 individual tenant signs shall be permitted per pole, and each individual tenant sign shall be limited to 100 square feet in surface area, allowing a maximum total combined sign area of 500 square feet. Commercial users located in a single subdivision or planned development desiring an individual sign instead of co-locating on a multiple tenant sign shall be required to obtain a variance.

(7) Such signs shall in all other respects be in conformance with all other applicable requirements of this subchapter.

(Ord. 2015-08, § 12.11, passed 6-23-2015)

§ 151.161 SIGN PERMITS.

No person shall construct, alter, rebuild, enlarge, erect or place a sign without first filing with the Zoning Administrator a written application and obtaining a permit therefor. Such application shall be in duplicate and shall contain all such information and drawings as may be required by the Administrator, but at least the names of the property owners, the name of the person in charge of the sign and drawings of the sign or structure showing type, size, location and method of attachment. The Administrator may require that all plans be drawn by a registered architect or structural engineer. The fee for such permit shall be established by the Village Board.

(Ord. 2015-08, § 12.12, passed 6-23-2015)