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Elwood City Zoning Code

SIGNS

§ 162.170 INTENT.

   (A)   The intent of this subchapter is to create the legal framework for a comprehensive and balanced system of signage control and thereby to provide an attractive and effective balance between signage and the environment.
   (B)   This subchapter shall be enforced and administered with the support of the signage regulations stated in Ord. 712 of the Village Building Code.
   (C)   In any instance of conflict between these two regulatory documents, the more restrictive shall apply.
   (D)   With this concept in mind, this subchapter is adopted for the following purposes:
      (1)   To authorize the uses of signs which are:
         (a)   Compatible with their surroundings;
         (b)   Appropriate to, and descriptive of the type of activity to which they pertain;
         (c)   Balanced in the expression of the identity of individuals and of the community as a whole; and
         (d)   Legible in the circumstances in which they are seen.
      (2)   To preserve, protect and promote the public health, safety and welfare;
      (3)   To provide a positive economic climate for the business and industry of the village by promoting the reasonable, orderly and effective display of signage and encouraging better communication with the public;
      (4)   To enhance the physical appearance of the village by preserving the scenic and natural beauty of the area;
      (5)   To protect the general public from damage and injury which may be caused by the faulty and uncontrolled construction and use of signs within the village;
      (6)   To protect pedestrians and motorists from damage or injury caused by the distractions, obstructions and hazards created by certain signs;
      (7)   To protect the public investment in streets and highways by reducing distractions that may increase traffic accidents;
      (8)   To protect the physical and mental well-being of the general public by recognizing and encouraging a sense of appreciation for the visual environment;
      (9)   To preserve the value of private property by assuring the compatibility of signs with surrounding land uses; and
      (10)   To encourage sound practices and lessen the objectionable effects of competition in respect to and placement of signs.
(Ord. 788, passed 8-17-2005)

§ 162.171 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANIMATED SIGN. A sign or any part thereof which, by design, changes physical position by any movement or creates the appearance of movement.
   APPROVED COMBUSTIBLE MATERIAL. Any material more than one-twentieth of an inch in thickness which burns at a rate of not more than two and one-half inches per minute when subjected to the American Society for Testing Material (ASTM) standard test for flammability in sheets six one-hundredths inches in thickness.
   AREA. That area enclosed by one continuous line, connecting the extreme points or edges of a sign. This AREA does not include the main supporting sign structure, but all other ornamental attachments, inner connecting links and the like, which are not a part of the main supports of the sign but are to be included in determining sign area. The AREA shall be determined by drawing an imaginary square or rectangular envelope so as to completely enclose each entire symbol, word, phrase, title or name appearing on the sign and computing the sum of all such geometric figures.
   ATTENTION-GETTING DEVICE. Any pennant, flag, valance, banner, propeller, spinner, streamer, searchlight or similar device or ornamentation designed for or intended to attract attention to it for the purpose of promotion or advertising.
   AWNING. Any structure made of cloth, metal or other material attached to a building which is constructed so as to permit its being raised or retracted to a position against the building when not in use.
   AWNING SIGN. A sign attached to or in any way incorporated with the face, valance or underside of the awning.
   BANNER SIGN. Any sign intended to be hung, either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. National flags, flags of political subdivisions and symbolic flags of any institution or business shall not be considered BANNERS for the purposes of this definition.
   BARE BULB. Any light emitting device that has a source of illumination that can be directly viewed.
   BENCH SIGN (“AD BENCH”). A sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.
   BILLBOARD (POSTERBOARD or PAINTED WALL). A single- or double-faced sign, permanently affixed to or placed upon the premises, which may have “changeable copy”, which is used for the display of information not associated with the establishment located on the same premises as the sign. These signs include walls of a building that are painted to display information that does not relate to a business or other establishment located in the building.
   BUILDING LINE. The line as established by the vertical face of the building or an extension thereof.
   BULLETIN BOARD. A changeable copy sign as defined herein to give notice of events for public, charitable or religious institutions.
   CANOPY. A structure, other than an awning, made of cloth, metal or other material with frames attached to a building or carried by a frame supported by the ground or sidewalks. A CANOPY will be considered a sign when it contains advertising other than the business logo.
   CANOPY SIGN. A sign attached to or in any way incorporated with the face or underside of a canopy or any other similar building projection. See also SHINGLE SIGN.
   CHANGEABLE COPY SIGN. A sign upon which letters, words or characters can separately be placed and replaced in or upon the surface area, either manually or electronically, for the purpose of changing the information contained on the sign.
   CONTRACTOR/CONSTRUCTION SIGN. A sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.
   DIRECTORY SIGN. A sign upon which the names and locations of occupants or the use of a building is given. This shall include office buildings and church directories.
   ENFORCEMENT OFFICIAL. The Zoning Officer of the village shall have the duty of enforcing the provisions of this subchapter.
   EXTERIOR WALL SURFACE. The most exterior part of a wall, sun screen or any screening or material covering a building.
   FESTOON LIGHTING. A group of two or more incandescent light bulbs hung or strung overhead, not on a building or structure, which are visible to persons on a public right-of-way or which are not shaded or hooded so as to prevent the direct rays of light from being visible from beyond the property on which the lights are located.
   FLAG. A symbol or a crest of either a nation or an organization of nations, a state, a municipality or a fraternal, religious, civic organization or corporation. The symbol or crest is usually displayed on fabric or flexible material that must be affixed to a pole that is freestanding or attached to another structure.
   FLASHING SIGN. Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
   FREESTANDING SIGN. A sign completely self-supported by posts or other supports, independent of any building or other structure and anchored in or upon the ground.
   ILLUMINATED SIGN (EXTERNAL). A sign illuminated by a source of light which is cast upon the surface or face of the sign to illuminate the sign by reflection.
   ILLUMINATED SIGN (INTERNAL). A sign, all or part of which is made of incandescent or other types of lamps or a sign with painted, flush or raised letters lighted by an electric lamp or lamps attached thereto or a sign having a border of incandescent or fluorescent lamps attached to it reflecting light on it or a transparent sign whether lighted by electricity or other illuminant.
   INCOMBUSTIBLE MATERIAL. Any material which will not ignite at or below a temperature of 1,200°F and will not continue to burn or glow at that temperature.
   INFORMATIONAL TRAFFIC SIGN. A sign directing and guiding automotive or pedestrian traffic which bears no advertising matter.
   INSTITUTIONAL SIGN. A sign identifying a public, charitable or religious institution which is located on the premises.
   MEMORIAL SIGN. A commemorative sign or tablet cut into masonry or inlaid as a part of a building.
   MOVING SIGN. Any sign, which by design, rotates, moves or gives the visual impression of rotation or moving.
   NAMEPLATE. A sign which displays only the name and/or address of the occupant and is nonelectrical.
   NONCONFORMING SIGN. Any sign which does not conform to the ordinances of the village.
   OBSOLETE SIGN. Any billboard or sign structures where the sign and/or sign structure do not provide any information (i.e. blank, illegible or maintained in a manner inconsistent with the regulations of this subchapter).
   OFF-PREMISES SIGN. A sign which directs attention to a commercial use, business, commodity, service or activity not conducted, sold or offered upon the premises where the sign is located.
   ON-PREMISES SIGN. A sign related solely to a use, business or profession conducted or to a principal commodity, service or entertainment sold, provided or offered upon the premises where the sign is located.
   PARKING SIGN. A sign which identifies a parking area for automobiles, trucks, motorcycles or any other motor vehicle.
   PENNANT. A series of small flags of triangular or other geometric design tied together by a rope or other means and used as an attention-getting device.
   POLE-MOUNTED SHINGLE SIGN. A small (two square feet) shingle sign, usually in the shape of the village crest, mounted on a wood pole or post.
   POLITICAL/CAMPAIGN SIGN. A sign or poster identifying or publicizing a candidate seeking public office or identifying or publicizing a public issue or advocating a position with respect to a public issue.
   PORTABLE SIGN. Any sign not designed to be permanently attached to a building or anchored to the ground; any sign that is not permanently affixed to a building, structure or the ground; a sign designed to be moved from place to place. These signs include, but are not limited to, signs attached to wood or metal frames which are designed to be self-supporting and movable and paper, cardboard or canvas signs wrapped around supporting poles.
   PROJECTING SIGN. Any sign, other than a wall sign, affixed to any building or wall which leading edge extends beyond the building or wall but which face is perpendicular to the building.
   PUBLIC RIGHT-OF-WAY. The land, or interest therein, acquired for or devoted to any public way for vehicular or pedestrian travel which has been laid out pursuant to any municipal, township, county, state or federal law.
   PUBLIC SIGN. A sign or notice erected or which erection was required by a unit of government.
   RACEWAY. A portion of a sign structure designed to enclose electrical wires and provide a mounting surface for individual letters and/or graphics that constitute the message portion of the sign.
   REAL ESTATE SIGN. A sign erected for purposes of identifying a parcel or building to be available for sale, rental or lease.
   RESIDENTIAL, COMMERCIAL, INDUSTRIAL SUBDIVISION IDENTIFICATION SIGN (PERMANENT). A sign designed to identify a residential, commercial or industrial subdivision or planned unit development which is located at the entrance to the development.
   ROOF LINE. Either the edge of the roof or top of the parapet, whichever forms the top line of the building silhouette. Where a building has several levels, the ROOF LINE shall be the roof or parapet of that portion of the building where the sign is located.
   ROOF SIGN. A sign erected, constructed or maintained, in whole or in part, upon or over the roof of a building or structure.
   SHINGLE SIGN. A sign used to identify a business whose front is under a roof overhang, covered walkway, covered porch or open lattice walkway. See also CANOPY SIGN.
   SIGN. Any device designed to inform or attract the attention of person not on the premises on which the sign is located. SIGNS shall mean any surface, fabric, device or display which bears lettered, pictorial or sculptured matter, including forms shaped to resemble any human, animal or product, designed to convey information visually and which is exposed to public view. For purposes of this subchapter, the term SIGN shall include all structural members. A SIGN shall be construed to be a display surface or device containing organized and related elements composed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each component shall be considered to be a single sign. The term SIGN includes, but is not limited to, every type of sign listed in this section.
   SIGN STRUCTURE. A structure constructed for the primary purpose of displaying a sign.
   STRUCTURAL TRIM. Any molding, batten, capping, nailing strip, lattice or platform which is attached to a sign structure.
   TEMPORARY SIGN. Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, wood/plywood or other light materials, with or without a frame.
   VEHICLE SIGN. Any advertising or business sign attached to a motor vehicle.
   WALL SIGN. A sign or individual letters, symbols or combinations thereof painted, mounted or attached to the exterior of a building or structure in a plane parallel to that of the wall on which it is painted, mounted or attached.
   WINDOW SIGN. A sign or individual letters, symbols or combinations thereof placed inside or upon a window facing the outside and which is intended to be seen from the exterior.
(Ord. 788, passed 8-17-2005)

§ 162.172 PROHIBITED SIGNS.

   It shall be unlawful to erect or maintain:
   (A)   Any sign which is not included under the types of signs permitted in the district or the general regulations of this subchapter;
   (B)   Any sign which advertises or publicizes an activity not conducted on the premises upon which the sign is maintained, except as permitted for temporary signs in residential districts, § 162.174(C) below;
   (C)   Projecting signs;
   (D)   Flashing signs;
   (E)   Animated, moving or scrolling signs;
   (F)   Pennants, streamers, festoon lighting and other attention-getting devices;
   (G)   Any signs attached to any tree, fence or public utility pole other than warning signs issued by public utilities;
   (H)   Bare bulb, bare neon illumination;
   (I)   Flame as a source of light;
   (J)   Portable signs, except as permitted via a temporary sign permit as described in this subchapter;
   (K)   Any sign or sign structure which constitutes a hazard to public health or safety;
   (L)   Billboards, as defined in this subchapter;
   (M)   Vehicle signs, when used exclusively for the purpose of advertising;
   (N)   Roof signs;
   (O)   Obsolete signs as defined in this subchapter;
   (P)   Any sign that draws attention to items or activities that are illegal under municipal, state or federal laws or regulations;
   (Q)   Any freestanding sign, other than a pole mounted shingle sign or highway identification sign as defined in this subchapter that allows visibility through the area between the bottom of the message portion of the sign and the ground, and extending the full width of the message portion;
   (R)   Any wall sign as defined in this subchapter that is designed to allow the removal of the entire surface devoted to the message area and allow for its replacement en masse. This includes, but is not limited to signs designed to accommodate a “face change”, but excludes changeable copy signs and directory signs as defined in this subchapter. Signs should be made of individual letters and characters. If the sign is to be illuminated each individual letter or character should be internally lit;
   (S)   Any sign which contains characters, cartoons, statements, words or pictures of an obscene, indecent, prurient or immoral character; or
   (T)   Changeable copy signs, whether manual or electronic, except and only to the extent where specifically permitted as window signs or bulletin boards within the chapter.
(Ord. 788, passed 8-17-2005; Ord. 882, passed 11-21-2007)

§ 162.173 EXEMPTIONS FROM PROVISIONS.

   The provisions and regulations of this subchapter shall not apply to the following signs, nor shall the area of the signs be included in the area of signage permitted for any establishments:
   (A)   Traffic or other municipal street graphics such as railroad crossing signs, legal notices and such temporary emergency signs as may be authorized by the Village Board;
   (B)   Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or public telephones;
   (C)   Directional, informational or public service signs, excluding public utilities, not exceeding five square feet in area per sign face, erected for the convenience of the public such as signs identifying entrances, exits, parking areas, restrooms, public telephones, walkways and similar features or facilities;
   (D)   Signs consisting of letters and/or numbers identifying the street address of the building located on the premises, when displayed on the building and not exceeding four square feet in area;
   (E)   Signs located in the interior of any building or within an enclosed interior lobby or court of any building; the signs are to be designed and located to be viewed exclusively by patrons of the use or uses;
   (F)   Seasonal decorations temporarily displayed in connection with local festivity approved by the Village Board or for a national holiday. The decorations may not be used for advertising purposes and shall have a time limit on display of 45 days;
   (G)   “No Trespassing” signs or other signs regulating the use of a property consisting of no more than two square feet in area, such as “No Hunting”, “No Fishing” and the like;
   (H)   A single United States flag and a single corporate flag and/or any other single flag. Flags shall be displayed on vertical flagpoles, not exceeding the maximum height allowed for buildings in the zoning district nor larger in square feet than the maximum height allowed. On federal and state holidays there shall be no maximum number or size of flags representing political subdivisions;
   (I)   Construction signs identifying the architects, engineers, contractors and other individuals or firms involved with the construction, but not including the advertisement of any product announcing the character of the building enterprise or the purpose for which the building is intended, up to a maximum area of 32 square feet. The signs shall be confined to the site of the construction and shall be removed within one week after the beginning of the intended use of the project;
   (J)   Memorial signs or tablets, names of buildings and the date of erection, and nameplate signs 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 not to exceed six square feet in area;
   (K)   Bulletin boards not over 32 square feet in area for a public, charitable or religious institution when same is located on the premises of the institution and located in such a manner as not to interfere with the vision of motorists. Three temporary signs shall be allowed off site with a total size not to exceed 32 square feet each for events related to public, charitable or religious institutions for a period not to exceed two weeks per event;
   (L)   Public signs and other signs incidental thereto for identification, information or directional purposes erected or required by governmental bodies, local civic organizations or authorized for a public purpose by any law, statute or ordinance;
   (M)   Informational signs located within a storefront window or door:
      (1)   “Business Hours” signs not to exceed one square foot in area;
      (2)   “Help Wanted” signs not to exceed one square foot in area;
      (3)   “Open/Closed” signs (including neon and LED) not to exceed four square feet in area.
   (N)   Political/campaign signs can be displayed on residential property during any period of time; and
   (O)   Bare bulb signs that are for the exclusive use for time/temperature displays using bulbs of up to 25 watts. No advertisements, scrolling or flashing messages shall be allowed. These signs must be integrated within the main structure of a sign and shall be no closer than 150 feet of a residential zoned property. These signs shall be located in such a manner as not to interfere with the vision of motorists.
(Ord. 788, passed 8-17-2005; Ord. 947, passed 6-17-2009; Am. Ord. 1034, passed 11-19-2014)

§ 162.174 SIGNS PERMITTED IN RESIDENTIAL DISTRICTS GR THROUGH R-6.

   The following signs shall be permitted in Residential Districts GR through R-6:
   (A)   Exempted signs;
   (B)   Real estate signs:
      (1)   Location: shall be located on private property not closer than five feet from any property line or public right-of-way;
      (2)   Area: four square feet per sign face;
      (3)   Height: the top of the sign shall be no higher than four and five-tenths feet;
      (4)   Number: one sign shall be permitted per street frontage; and
      (5)   Shall not be illuminated.
   (C)   Temporary signs:
      (1)   Duration:
         (a)   Temporary signs shall not be placed more than two days prior to event and shall be limited in duration to four days; and
         (b)   All signs shall be removed within 24 hours of the end of the event.
      (2)   Form: a temporary sign form shall be filled out and filed with the Village Zoning Officer. The form shall include:
         (a)   Name, address and phone number of the applicant;
         (b)   Location of signs to be placed;
         (c)   Event type, location, date and duration; and
         (d)   Duration of the signs to be placed.
      (3)   Area: four square feet per sign face; and
      (4)   Height: the top of the sign shall be no higher than three feet.
   (D)   Pole-mounted shingle signs:
      (1)   Location: one sign shall be permitted upon the property of the applicant;
      (2)   Area: two square feet per sign face; and
      (3)   Height: the top of the sign shall be no higher than six feet.
   (E)   Freestanding subdivision identification and entry signs in accordance with §§ 162.170 through 162.180.
   (F)   Church, school and other public/quasi-public institution identification signs:
      (1)   Freestanding sign:
         (a)   Location: no sign shall project into, over or otherwise encroach upon a public right-of-way. No sign shall be erected so that its closer hemisphere, described by a radius equal to the vertical height of the freestanding sign with the vertical center line of the freestanding sign located at the center of the hemisphere, intersects with any utility lines, electrical conductors or service drops. Freestanding signs shall be located not less than ten feet from a lot line;
         (b)   Area: the area, in square feet per sign face, shall not exceed 48 square feet;
         (c)   Height: the top of the sign shall be no higher than ten feet;
         (d)   Number: one freestanding sign per site;
         (e)   Materials: shall include a base constructed of brick, stone or, masonry materials and be matched in type and color to these materials used on the buildings on the premises if such materials are present; and
         (f)   Landscaping: a five-foot landscaped area consisting of trees, shrubs and ground covers shall be provided around the base of the sign.
      (2)   Wall signs:
         (a)   Location: no wall sign shall project over, into or otherwise encroach upon a public right-of-way. No wall sign shall cover, wholly or partially, any wall opening nor project beyond the ends or top of the wall to which it is affixed;
         (b)   Area: shall not exceed 40 square feet; and
         (c)   Number: one wall sign per site.
(Ord. 788, passed 8-17-2005)

§ 162.175 SIGNS PERMITTED IN BUSINESS DISTRICTS C-1 THROUGH C-4, EXCEPT AUTOMOTIVE DEALERS.

   The following signs shall be permitted in Business Districts C-1 through C-4, except automotive dealers:
   (A)   Single business/single storefront.
      (1)   Exempted signs;
      (2)   Permanent identification signs:
         (a)   Wall signs.
            1.   Location: no wall sign shall project over, into, or otherwise encroach upon a public right-of-way. No wall sign shall cover, wholly or partially, any wall opening nor project beyond the ends or top of the wall to which it is affixed.
            2.   Area: the gross area of a sign on a side wall of a principal building shall not exceed 20% of the area of the side wall of the principal building and shall not exceed 60 square feet in total area. For the purpose of this calculation of the side wall, the height dimension shall not exceed 15 feet, and there shall be excluded from the calculation the dimensions of all windows and doors.
            3.   Number: one wall sign is permitted per business/storefront.
         (b)   Freestanding signs.
            1.   Location: no freestanding sign shall project into, over or otherwise encroach upon a public right-of-way. No freestanding sign shall be erected such that its hemisphere, described by a radius equal to the vertical height of the freestanding sign with the vertical center line of the freestanding sign located at the center of the hemisphere, intersects with any utility lines, electrical conductors or service drops. Freestanding signs shall be located not less than ten feet from a lot line.
            2.   Area: the area of the single business/single storefront freestanding sign, in square feet per sign face, shall not exceed 60 square feet.
            3.   Number: one freestanding sign is permitted.
            4.   Height: shall not exceed six feet measured from the ground to the top of the sign in lineal feet.
            5.   Materials: shall include a base constructed of brick, stone, or masonry materials and be matched in type and color to these materials used on the buildings on the premises if those materials are present.
            6.   Landscaping: a five-foot landscaped area consisting of trees, shrubs, and ground covers shall be provided around the base of the sign.
         (c)   Shingle signs; location. Shingle signs may be placed perpendicular or parallel to the street. The sign shall be suspended from a roof overhang, covered walkway, covered porch, or open lattice walkway. No part of the suspended sign shall extend beyond the edge of the overhang. Signs placed parallel to the street may be attached to the fascia; provided, no part of the sign extends above or below the fascia. A minimum clearance of eight feet shall be maintained between the bottom of the fascia and the nearest grade or sidewalk.
         (d)   Pole-mounted shingle signs. Pole-mounted shingle signs must be located on private property:
            1.   Area: shall not exceed eight square feet per sign face. Pole-mounted shingle signs shall not exceed two square feet per sign face;
            2.   Number: one sign perpendicular to or one sign parallel to each business front and shall be adjacent to the business it identifies; and
            3.   Items of information: the sign must display only the name of the individual business or building complex.
         (e)   Permanent window signs.
            1.   Area: may not exceed 50% of the total frontage window area. The area shall be determined by drawing an imaginary square or rectangular envelope so as to completely enclose each entire symbol, word, phrase, title, number, or name appearing on the sign and by computing the sum of all the envelopes; and
            2.   Items of information: items of information shall be affixed to the window via paint or any other means acceptable to the village.
      (3)   Promotional and advertising signs:
         (a)   Area of changeable copy/window signs: the combined area of permanent window signs and changeable copy signs shall not exceed 75% of the total frontage window area;
         (b)   Temporary portable signs, flags, and banners:
            1.   Permit process.
               a.   A permit must be obtained for all temporary portable signs, flags, banners, and inflatable signs/objects; portable signs with changeable copy are prohibited.
               b.   Permits shall be limited in duration according to the following criteria:
                  i.   Sign permits for special events’ signs, including but not limited to grand opening, new management, going-out-of-business sales, and events held by tax-exempt organizations shall not exceed a total duration in any calendar year of:
 
Grand Opening
180 days (one per year)
Going Out Of Business
90 days (one per year)
Under New Management
180 days (one per year)
Special Event
45 days (four per year)
Event to be held by tax-exempt organizations
60 days unlimited per year, but can only display one at a time
 
                  ii.   Permits for inflatable signs or objects shall be limited in duration for seven days and shall only be permitted in conjunction with a grand opening event; and
                  iii.   All temporary signs must be removed within 24 hours after the expiration of the permit.
               c.   The permit fee is $65. Village can waive the permit fee for tax-exempt organizations at the discretion of the Board.
            2.   Area. For signs affixed to buildings, a maximum one-half square foot lineal feet of building face to which the sign is affixed. For freestanding signs a maximum of 32 square feet.
            3.   Number. One temporary/portable sign and one flag or banner per permit.
            4.   Height. Not to exceed ten feet.
         (c)   Real estate signs:
            1.   Type and number. One freestanding or one wall sign shall be permitted per business;
            2.   Location. The sign shall be located upon private property. Location is dependent upon sign type and zoning district. Freestanding or wall sign regulations shall apply per appropriate zoning district;
            3.   Area. Twelve square feet of area per sign face; and
            4.   Height. Eight feet, measured from the ground to the top of the sign.
   (B)   Multiple tenant/multiple storefront commercial uses. For purposes of this subchapter, MULTIPLE TENANT/MULTIPLE STOREFRONT COMMERCIAL USES shall mean a commercial development in which there exists a number of separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian areas) and which are designed to provide a single area in which the public can obtain varied products and/or services. Distinguishing characteristics of a MULTIPLE TENANT/MULTIPLE STOREFRONT COMMERCIAL DEVELOPMENT may, but need not, include common ownership of the real property upon which the center is located, common-wall construction and multiple-occupant commercial use of a single structure.
      (1)   Exempted signs.
      (2)   Permanent identification signs.
         (a)   Wall signs.
            1.   Location. No wall sign shall project over, into, or otherwise encroach upon a public right-of-way. No wall sign shall cover, wholly or partially, any wall opening nor project beyond the ends or top of the wall to which it is affixed;
            2.   Area.
               a.   The allowable wall sign area for individual stores with a floor area greater than 7,500 square feet (anchor stores) is calculated using the formula: 1.50 x lineal feet of store frontage; and
               b.   The allowable wall sign area, in square feet, for individual stores with a floor area less than 7,500 square feet is calculated using the formula: 1.25 x lineal feet of store frontage.
            3.   Number. One wall sign is permitted for each road frontage per business or store storefront;
            4.   Design. All wall signs in a multiple tenant/multiple storefront development shall be of uniformity of design, common vertical height and common architecture, however, no sign shall be designed contrary to the regulations of this subchapter.
         (b)   Freestanding monument and signs.
            1.   Location. No freestanding or monument sign shall project into, over, or otherwise encroach upon a public right-of-way. No freestanding or monument sign shall be erected such that its hemisphere, described by a radius equal to the vertical height of the freestanding or monument sign with the vertical center line of the freestanding or monument sign at the center of the hemisphere, intersects with any utility lines, electrical conductors, or service drops. Freestanding and monument signs shall be located not less than ten feet from a lot line;
            2.   Area. Shall not exceed 100 square feet per sign face. No more than 50% of the allowable area may be used for purposes of identifying individual tenants;
            3.   Number. One freestanding or monument sign is permitted per multiple tenant/multiple storefront commercial use;
            4.   Height. Shall not exceed 20 feet measured from the ground to the top of the sign structure, in lineal feet;
            5.   Materials. Shall include a base constructed of brick, stone, or masonry materials and be matched in type and color to these materials used on the buildings on the premises if such materials are present; and
            6.   Landscaping. A five-foot landscaped area consisting of trees, shrubs, and ground covers shall be provided around the base of the sign.
            7.   Electronic changeable copy. As long as the freestanding or monument sign abuts a state highway, an applicant may request for a permit to be granted. Said applications will be reviewed individually by the Board and voted on a case-by-case basis.
         (c)   Shingle signs.
            1.   Location. Shingle signs may be placed perpendicular or parallel to the street. The sign shall be suspended from a roof overhang, covered walkway, covered porch, or open lattice walkway. No part of the suspended sign shall extend beyond the edge of the overhang. Signs placed parallel to the street may be attached to the fascia; provided, no part of the sign extends above or below the fascia. A minimum clearance of eight feet shall be maintained between the bottom of the fascia and the nearest grade or sidewalk. Pole-mounted shingle signs must be located on private property.
            2.   Area. Shall not exceed eight square feet per sign face. Pole-mounted shingle signs may not exceed two square feet per sign face.
            3.   Number. One sign perpendicular to or one sign parallel to each business front and shall be adjacent to the business it identifies.
            4.   Items of information. The sign must display only the name of the individual business or building complex.
         (d)   Permanent window signs.
            1.   Area: May not exceed 50% of the total frontage window area. The area shall be determined by drawing an imaginary square or rectangular envelope so as to completely enclose each entire symbol, word, phrase, title, number, or name appearing on the sign and by computing the sum of all the envelops; and
            2.   Items of information shall be affixed to the window via paint or any other means acceptable to the village.
      (3)   Promotional and advertising signs.
         (a)   Area of changeable copy/window signs. The combined area of permanent window signs and changeable copy window signs may not exceed 75% of the total frontage window area; and
         (b)   Temporary portable signs, balloons, flags, and banners.
            1.   Permit process.
               a.   A permit must be obtained for all temporary portable signs, flags, banners, and inflatable signs/objects. Portable signs with changeable copy are prohibited;
               b.   Permits shall be limited in duration according to the following criteria:
                  i.   Sign permits for special events’ signs, including but not limited to grand opening, under new management, going-out-of-business, special events, and events held by tax-exempt organizations shall not exceed a total duration in any calendar year of:
 
Grand Opening
180 days (one per year)
Going Out Of Business
90 days (one per year)
Under New Management
180 days (one per year)
Special Event
45 days (four per year)
Event to be held by tax-exempt organizations
60 days unlimited per year, but can only display one at a time
 
                  ii.   Permits for inflatable signs or objects shall be limited in duration for seven days and shall only be permitted in conjunction with a grand opening event; and
                  iii.   All temporary signs must be removed within 24 hours after the expiration of the permit.
               c.   The permit fee is $65. Village can waive the permit fees for tax-exempt organizations at the discretion of the Board;
            2.   Area. For signs affixed to buildings, a maximum one-half square foot per lineal feet of building face to which the sign is affixed. For freestanding signs a maximum of 32 square feet;
            3.   Number. One temporary/portable sign and one flag or banner per permit; and
            4.   Height. Not to exceed ten feet.
   (C)   Church, school, and other public/quasi-public institution identification signs.
      (1)   Freestanding signs.
         (a)   Location. No sign shall project into, over, or otherwise encroach upon a public right-of-way. No sign shall be erected such that its hemisphere, described by a radius equal to the vertical center line of the freestanding sign located at the center of the hemisphere, intersects with any utility lines, electrical conductors, or service drops. Freestanding signs shall be located not less than ten feet from a lot line;
         (b)   Area. Shall not exceed 48 square feet per sign face;
         (c)   Number. One freestanding sign per site;
         (d)   Height. Eight feet, measured from the ground to the top of the sign;
         (e)   Materials. Shall include a base constructed of brick, stone, or masonry materials and be matched in type and color to these materials used on the buildings on the premises if such materials are present; and
         (f)   Landscaping. A five-foot landscaped area consisting of trees, shrubs, and groundcovers shall be provided around the base of the sign.
      (2)   Wall signs.
         (a)   Location. No wall sign shall project over, into, or otherwise encroach upon a public right-of-way. No wall sign shall cover, wholly or partially, any wall opening nor project beyond the ends or top of the wall to which it is affixed;
         (b)   Area. Shall not exceed 40 square feet; and
         (c)   Number. One wall sign per site.
(Ord. 656, passed 7-2-2001; Am. Ord. 1015, passed 8-7-2013)

§ 162.176 SIGNS PERMITTED IN BUSINESS DISTRICTS C-1 THROUGH C-4 FOR AUTOMOTIVE DEALERS.

   The following signs will be permitted in Business Districts C-1 through C-4 for automotive dealers: (For purposes of this subchapter AUTOMOTIVE DEALERS includes new car dealerships, used car dealerships and motor home dealerships).
   (A)   Exempted signs;
   (B)   Permanent identification signs:
      (1)   Wall signs.
         (a)   Location. No wall sign shall project over, into or otherwise encroach upon a public right-of-way. No wall sign shall cover, wholly or partially, any wall opening nor project beyond the ends or top of the wall to which it is affixed;
         (b)   Area. The maximum permitted area of any individual wall sign is 50 square feet; and
         (c)   Number. A maximum of three wall signs are permitted per dealership. Each sign used to identify various functional departments of the franchise or dealership including, but not limited to new car/truck sales, used car sales, leasing, service, body shop, paint shop and parts shall constitute a wall sign.
      (2)   Freestanding signs.
         (a)   Location. No freestanding sign shall project into, over or otherwise encroach upon a public right-of-way. No freestanding sign shall be erected such that its hemisphere, described by a radius equal to the vertical height of the freestanding sign with the vertical center line of the freestanding sign at the center of the hemisphere, intersects with any utility lines, electrical conductors or service drops. Freestanding signs shall be located not less than ten feet from a lot line;
         (b)   Area. The maximum permitted area for a primary freestanding sign is 100 square feet. Secondary freestanding signs are permitted a maximum area of 60 square feet;
         (c)   Number. One primary freestanding sign is permitted per franchise/dealership. Two secondary freestanding signs are permitted per franchise. In no case shall there be more than three freestanding signs per franchise/dealership;
         (d)   Height. The maximum permitted height, measured from the ground to the top of the primary sign structure, shall be 20 feet. The maximum permitted height, measured from the ground to the top of any secondary sign structure, shall be ten feet;
         (e)   Materials. Shall include a base constructed of brick, stone or, masonry materials and be matched in type and color to these materials used on the buildings on the premises if the materials are present; and
         (f)   Landscaping. A five-foot landscaped area consisting of trees, shrubs and ground covers shall be provided around the base of the sign.
      (3)   Shingle signs.
         (a)   Location. Shingle signs may be placed perpendicular or parallel to the street. The sign shall be suspended from a roof overhang, covered walkway, covered porch or open lattice walkway. No part of the suspended sign shall extend beyond the edge of the overhang. Signs placed parallel to the street may be attached to the fascia; provided, no part of the signs extend above or below the fascia. A minimum clearance of eight feet shall be maintained between the bottom of the fascia and the nearest grade or sidewalk. Pole-mounted shingle signs must be located on private property;
         (b)   Area. Shall not exceed eight square feet per sign face. Pole-mounted shingle signs may not exceed two square feet per sign face;
         (c)   Number. One sign perpendicular to or one sign parallel to each business front and shall be adjacent to the business it identifies; and
         (d)   Items of information. The sign must display only the name of the individual business or building complex.
      (4)   Permanent window signs.
         (a)   Area. May not exceed 25% of the total frontage window area. The area shall be determined by drawing an imaginary square or rectangular envelope so as to completely enclose each entire symbol, word, phrase, title, number or name appearing on the sign and by computing the sum of all the envelopes; and
         (b)   Items of information. Items of information shall be affixed to the window via paint or any other means acceptable to the village.
   (C)   Promotional and advertising signs.
      (1)   Permitted. The following signs are permitted:
         (a)   Changeable copy window signs;
         (b)   Flags (excluding U.S. flag which is exempt) and banners;
         (c)   One temporary portable sign with a maximum area 32 square feet to be placed no more than 30 days per calendar year; and
         (d)   Temporary signs which require a permit as described in § 162.175(A)(2)(b) above.
      (2)   Area. The combined area in square feet of all permanent identification signs and all promotional and advertising signs shall not exceed a value determined by the formula: 1.25 x lineal feet of site frontage.
         (a)   Site frontage site dimension parallel with a principal roadway. For purposes of this subchapter, a dealership located on a corner lot shall use the longer of the two frontages for computation of total area.
         (b)   Deducting the combined area of all permanent identification signs (wall signs, freestanding signs, shingle signs, permanent window signs) from the value determined by the above formula determines the allowable area for combined promotional and advertising signs.
      (3)   Location. promotional and advertising signs must comply with the setback provisions of the zoning district. No promotional or advertising signs may be located in such a manner as to present a hazard to vehicle or pedestrian traffic entering or leaving the site.
(Ord. 788, passed 8-17-2005)

§ 162.177 SIGNS PERMITTED IN INDUSTRIAL ZONING DISTRICTS I-1 THROUGH I-4.

   The following signs will be permitted in Industrial Zoning Districts I-1 through I-4:
   (A)   Exempted signs;
   (B)   Temporary signs, per regulations in § 162.175(B)(3)(b) above;
   (C)   Shingle signs, per regulations in § 162.175(B)(3)(c) above;
   (D)   Freestanding signs.
      (1)   Location. No freestanding sign shall project into, over or otherwise encroach upon a public right-of-way. No freestanding sign shall be erected so that its hemisphere, described by a radius equal to the vertical height of the freestanding sign equal to the vertical height of the freestanding sign located at the center of the hemisphere, intersects with any utility lines, electrical conductors or service drops. Freestanding signs shall be located not less than ten feet from a lot line;
      (2)   Area. Maximum of 80 square feet per sign face;
      (3)   Number. One sign per business;
      (4)   Height. Height to top of sign not to exceed ten feet;
      (5)   Materials. Shall include a base constructed of brick, stone or, masonry materials and be matched in type and color to these materials used on the buildings on the premises if the materials are present. If a base is to be constructed of materials other than brick, stone or masonry then it shall be fabricated of painted aluminum panels with aluminum angle iron framing and minimum three-quarter-inch clear acrylic lettering and shall require the approval of the village; and
      (6)   Landscaping. A five-foot landscaped area consisting of trees, shrubs and ground covers shall be provided around the base of the sign.
   (E)   Wall signs.
      (1)   Location. No wall sign shall project over, into or otherwise encroach upon a public right-of-way. No wall sign shall cover, wholly or partially, any wall opening nor project beyond the ends or top of the wall to which it is affixed;
      (2)   Area. The maximum area per sign face is 50 square feet; and
      (3)   Number. One wall sign per business.
   (F)   Real estate signs.
      (1)   Location.
         (a)   If a wall sign, regulations for all signs in C-1 Districts shall apply; and
         (b)   If a freestanding sign, regulations for freestanding signs in C-1 Districts shall apply.
      (2)   Area. The maximum area per sign face is 32 square feet;
      (3)   Number. One freestanding or one wall sign per site; and
      (4)   Height. If a freestanding sign, the maximum height to top of sign shall be eight feet.
   (G)   Industrial park identification signs.
      (1)   Number. Each industrial park may have one identification sign for each public street frontage;
      (2)   Items of information. The freestanding or ground-mounted sign shall show the name of the industrial park and may incorporate multi-tenant signage;
      (3)   Location. The sign shall be located near the entrance into the industrial park and shall have a minimum ten feet setback from a lot line. When the sign is located at the intersection of two streets, it shall not be located within the triangular area determined by a diagonal line connecting two points measured along the property lines of the abutting streets, 30 feet equidistant from the intersection of those property lines;
      (4)   Area. A maximum of 80 square feet per sign face;
      (5)   Height. The sign shall have a maximum height of 20 feet;
      (6)   Sign face. The industrial park identification sign shall be singularly predominant, constituting a minimum of 30% of the total sign face. No single tenant sign shall exceed 20% of the area of the industrial park identification sign. All tenant signs shall incorporate the identical font design, size and color;
      (7)   Materials. Shall include a base constructed of brick, stone or masonry materials and be matched in type and color to these materials used on the buildings on the premises if the materials are present; and
      (8)   Landscaping. A five-foot landscaped area consisting of trees, shrubs and ground covers shall be provided around the base of the sign.
(Ord. 788, passed 8-17-2005)

§ 162.178 SIGNS FOR BUILDERS, DEVELOPERS AND SUBDIVISIONS.

   (A)   Model home areas. In a model home area, signs may be displayed only on model home sites.
      (1)   Area. The total footage limitation per model home shall not exceed 48 square feet.
      (2)   Items of information. No limitations on items of information.
      (3)   Number. No more than three signs shall be displayed on a model home site.
      (4)   Height. Shall not exceed nine feet including ornamentation.
      (5)   Ornamental flags. Ornamental flags are not to exceed three in number and not to exceed nine feet in height at each model home location.
   (B)   Freestanding subdivision identification and entry.
      (1)   Conditions. The erection of subdivision identification signs and/or monuments together with their supporting structures, hereinafter collectively referred to as “structure(s)”, shall be permitted in all subdivisions in all zoning districts, subject to the following terms and conditions:
         (a)   The structure(s) are required to be located in an easement which specifically, or by reference to a recorded set of declarations, covenants and restrictions, provides for the maintenance of the structure and any surrounding landscape areas;
         (b)   The structure(s) may contain a single-sided message area containing not more than 20 square feet, the message area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire message. The message area may contain the subdivision name and/or logo only and shall contain no commercial advertisement;
         (c)   The structure(s) shall be not more than six feet in height as measured from the final grade for the structure’s lot and shall contain no more than 100 square feet as determined by measuring the side of the structure fronting on a public street;
         (d)   The structure(s) shall not be located within the triangle formed by a line drawn between points on intersecting street lines 20 feet distant from their point of intersection and the street lines;
         (e)   No structure is permitted in a public right-of-way;
         (f)   The structure(s) may only be constructed of a brick, stone or other masonry material in conjunction with wrought iron. Lettering, ornaments or other graphics on the structure must be constructed of stone, wrought iron or anodized aluminum;
         (g)   Structure(s) shall only be permitted on corner lots which have a minimum of 100-foot frontages measured at the building setback line;
         (h)   The structure(s) must have a minimum five-foot landscape area around its base;
         (i)   An application for an entry sign permit shall be filed with the Zoning Officer on such a form as may, from time to time, be required. The application shall minimally include the following:
            1.   The applicant’s name;
            2.   A landscape plan;
            3.   A drawing of the proposed sign, including any proposed lettering and description of proposed construction material; and
               4.   A site plan depicting the proposed sign location.
         (j)   The application shall be accompanied by a $100 application fee for each structure. If the application is allowed by the Village Board and a building permit is therefore authorized, a building permit fee of $5 per square foot (as determined by the definition of AREA found in § 162.171) shall be paid by the applicant prior to the issuance of a building permit; and
         (k)   No portion of a structure shall be permitted within 20 feet of any driveway.
      (2)   Plan Commission review; Village Board approval. The application required herein shall be reviewed by the Village Plan Commission who shall make a recommendation to the Village Board as to whether any application should be granted or denied. The Village Board shall grant or deny the sign application. An application for a subdivision identification and entry sign may be considered as part of a planned unit development or subdivision approval provided the drawings and information required above are made part of the PUD/subdivision plans. In that case, separate review of the sign by the Plan Commission and Village Board is not required.
      (3)   Sign maintenance. The structure(s) shall be maintained by a homeowners’ association consisting of the property owners in the subdivision of which the structure(s) is/are a part.
      (4)   Declaration of covenants/easements.
         (a)   There shall be prepared, enacted and recorded a declaration of covenants (“declaration”) to run with the land of the subdivision of which the easement is a part, which declaration shall, minimally:
            1.   Provide for the organization of a homeowners’ association which shall assess sufficient dues to provide for maintenance of the easement and structure; and
            2.   Provide for the continued maintenance of the easement and structure.
         (b)   The declaration and/or grant of easement shall provide that the village has the right, but not the obligation, to enter upon the easement from an adjoining public street and demolish the structure if in the sole determination of the village the structure is not being properly maintained.
   (C)   Onsite directionals.
      (1)   Number and area. One per turning corner from entrances to model home area, not to exceed six square feet.
      (2)   Items of information. Items of information shall be limited to name of subdivision or builder and logo, arrows and/or words of direction and telephone number.
      (3)   Height. The height of such a sign shall not exceed nine feet including ornamentation.
   (D)   Onsite subdivision advertisements.
      (1)   Area. Sign(s) not to exceed 96 square feet.
      (2)   Number. One sign only, allowed per public street frontage of the subdivision.
      (3)   Height. Shall not exceed 12 feet from grade to the top of the sign.
      (4)   Duration. Onsite subdivision advertising signs shall be removed when 75% of the lots within the subdivision have commenced building construction or five years, whichever shall come sooner.
   (E)   Offsite advertisements:
      (1)   Number and area: two signs allowed within the corporate limits of the village with a maximum of 120 square feet per sign. Setback shall be 50 feet minimum from edge of pavement or as directed by the Zoning Officer.
      (2)   Items of information: no limitation on items of information.
      (3)   Height: shall not exceed 14 feet including ornamentation.
   (F)   Offsite directionals. Offsite directional signs are prohibited except that directional information may be contained within offsite advertisement signs as allowed in division (E) above.
(Ord. 788, passed 8-17-2005)

§ 162.179 CONSTRUCTION, MATERIALS AND PERFORMANCE STANDARDS FOR ALL SIGNS.

   (A)   Design and construction. The general requirements for all signs are listed in the Village Building Code, which code is incorporated into this section in its entirety by reference.
   (B)   Electrical requirements.
      (1)   General requirements. The electrical components, connections and installations of all signs shall conform to the provisions of the Village Electrical Code. Electric signs shall be constructed of incombustible material. Electric signs shall be rain-tight; except, that service holes fitted with waterproof covers shall be provided to each compartment of the signs. All electric signs hereafter installed or erected in the village shall carry the label of Underwriter’s Laboratories, Inc.
      (2)   Illuminated signs.
         (a)   No electrical equipment or electrical apparatus of any kind which causes interference with radio or television reception shall be used in the operation of illuminated signs.
         (b)   All sources of illumination shall be kept in good working order.
         (c)   In no case shall the lighting intensity of any sign exceed the prevailing illuminating engineering standards (IES).
   (C)   Wind pressure and load requirements. All signs shall be designed to withstand a wind pressure as required in the Building Code of the village and/or other applicable village ordinances and codes.
   (D)   Sign structure and support requirements.
      (1)   All signs shall be designed so that all framework for the lateral support of the sign shall be contained within the sign’s body or within the structure of the building to which the sign is attached so as not to be visible to the public.
      (2)   Exposed guy wires, chains or other similar connections attached to the ground posing a threat to pedestrian safety are not permitted to serve as supports for a sign.
      (3)   If the supports or anchors of a sign are not galvanized or constructed of a noncombustible, corrosive-resistant material, they shall be painted as necessary to prevent corrosion and peeling.
   (E)   Sign face. No sign or sign structure shall have any nails, tacks, wires or sharp edges protruding from it. Exposed neon tubing shall be prohibited on all signs located on an exterior wall surface.
   (F)   Miscellaneous advertising objects. No person shall place on or suspend from any building or structure any goods, wares, merchandise or other advertising objects other than a sign, as defined within these provisions.
   (G)   Glass requirements. Any glass forming a part of any sign shall be heavy safety glass and shall be in compliance with all applicable village codes and ordinances.
   (H)   Location.
      (1)   No sign shall cover, wholly or partially, any opening nor project beyond the ends or top of the wall to which it is attached. No sign shall project into or otherwise encroach upon a public right-of-way.
      (2)   No sign shall be erected so as to obstruct any fire escape, required exit, window or door opening intended as a means of egress.
      (3)   No sign shall be erected which interferes with any opening required for ventilation.
      (4)   Signs shall maintain all clearances from electrical conductors in accordance with all applicable village codes and ordinances, except where specified within this subchapter.
      (5)   Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground facilities and conduits for water, sewage, gas, electricity, vehicles or communications equipment or lines. Furthermore, placement shall not interfere with natural or artificial drainage of surface or underground water.
   (I)   Lettering. All letters, figures, characters or representations in cut-out or irregular form, maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built into or attached to the sign.
   (J)   Landscape plan.
      (1)   All ground-mounted and freestanding signs shall incorporate a landscape plan at time of application.
      (2)   The landscape plan shall be reviewed and approved by the Zoning Officer.
      (3)   The landscape plan shall incorporate plants and shrubs in proportion to the sign structure. The intent is to enhance the aesthetic integration of the signage with the environment. Landscaping shall be maintained by the sign owner.
(Ord. 788, passed 8-17-2005)

§ 162.180 ADMINISTRATION AND ENFORCEMENT.

   (A)   Enforcement official. The primary enforcement official for the village shall be the Zoning Officer.
   (B)   Permit requirements.
      (1)   Building permit and compliance required. No person shall erect, alter, repair or relocate any sign without first obtaining a building permit for the work from the Zoning Officer of the village or designated person by the Zoning Officer of the village. No permit shall be issued until the Zoning Officer determines that the work is in compliance with the requirements of this subchapter and the Village Building Code.
      (2)   Application for permit. Every application for sign permit shall be accompanied by plans, drawn to scale and include:
         (a)   The name, address and telephone number of the owner or persons entitled to possession of the sign and the sign contractor;
         (b)   The location, by street address of the proposed sign structure;
         (c)   The dimensions of the sign and, where applicable, the dimensions of the wall surface to which it is to be attached;
         (d)   The distance the sign is set back from the roadway, building setback, building/store frontage and building height to the eaves line;
         (e)   The dimensions of the sign’s supporting members;
         (f)   A color rendering of the proposed sign;
         (g)   The proposed location of the sign in relation to the face of the building in front of which or above which it is to be erected;
         (h)   The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated;
         (i)   When the sign is proposed to be attached to an existing building, a current photograph of the face of the building to which the sign is to be attached; and
         (j)   If the proposed sign is to be illuminated in any manner, the proposed method of illumination and the amount of light generated by foot-candles is to be submitted.
      (3)   Permit and inspection fees. Consult the current village fee schedule.
      (4)   Issuance of permit; withdrawal and renewal. It shall be the duty of the Code Enforcement Officer, upon receipt of an application, to examine the plans and other data, including the premises upon which the sign is proposed. If the application and supporting data are determined to be in compliance with the provisions of this subchapter and the Village Building Code, a permit shall be issued. If a permit is not obtained within 90 days after the applicant has been notified that the plans are approved, the Code Enforcement Officer shall assume that the application is withdrawn and may destroy the plans and supporting documentation. A re-application for action on the plans shall require a new set of plans and new fees.
      (5)   Expiration of permit. If the work authorized by a sign permit has not been completed within six months after the date of initiation of construction, the permit shall become null and void, and there shall be no refund of any fee required by this section.
   (C)   Maintenance and removal. Where more restrictive, the standards set forth in the BOCA National Building Code, 1993 Edition, and the BOCA Property Maintenance Code (1993 Edition) shall take precedence over the regulations of this subchapter.
   (D)   Existing signs. All existing signs under the jurisdiction of this subchapter rendered nonconforming by adoption of this subchapter shall be permitted to remain in use, subject to the following provisions:
      (1)   Any sign not in conformance with the allowable area (square feet) or allowable height (lineal feet) provisions of this subchapter by an amount less than 20% in excess of the allowable area or allowable height shall be permitted to remain in use throughout the useful life of the sign; and
      (2)   Any sign not in conformance with the allowable area or allowable height provisions of this subchapter by an amount equal to or more than 20% in excess of the allowable area or allowable height or is nonconforming with any other provision of this subchapter must be brought into conformance by modification, replacement or removal of the nonconforming sign when:
         (a)   More than 50% of the nonconforming sign must be replaced due to physical deterioration or damage; or
         (b)   The business to which the sign pertains is sold, relocated or has ceased operation for a period of six months.
(Ord. 788, passed 8-17-2005)

§ 162.999 PENALTY.

   Violation of any provision of this chapter or any amendment or supplement thereto, or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor. Any person, firm or corporation that violates any provisions of this chapter, or any amendment or supplement thereto, shall, upon conviction, be fined not less than $25, nor more than $500 for each offense. Each day a violation exists after notification thereof shall constitute a separate offense.
(Ord. 656, passed 7-2-2001)