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Hamel City Zoning Code

ARTICLE XII

SIGN REGULATIONS

40-12-1 PURPOSE AND INTENT.

   The purpose of these regulations is to encourage the effective use of signs as a means of communication, while maintaining and enhancing the aesthetic appearance of the Village, and facilitating pedestrian and vehicular traffic safety. Sign regulations of this Code shall not apply to governmental signs including traffic signs which are erected and intended for public information, direction, safety or control purposes, and no sign in any district shall conflict in any manner with the clear and obvious appearance of public devices controlling public traffic or safety.

40-12-2 DEFINITIONS.

   For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   Banner. Any sign constructed of lightweight fabric or similar material. National flags, state, or municipal flags or the official flags of any institution or business shall not be considered Banners .
   Billboard. An outdoor sign, advertising an article or product not manufactured, assembled, processed, repaired, or sold upon the premises upon which the sign is located or advertising a service not rendered upon the premises upon which the sign is located.
   Bulletin Board. See Reader Board .
   Directional Signs. Small post signs indicating the direction to a business (exit or entrance).
   Electronic Message Board. An electronically or electrically controlled sign or portion of a larger sign whereon different messages are displayed including, but not necessarily limited to public service messages, advertising for the business or businesses on-site, projection of on-site activities in real-time, time and temperature and the like. The Message Boards shall include those devices that display information using panels of individual lamps, rotating panels, liquid crystal displays, light emitting diodes, or similar technology or rear projection screens. (Ord. No. 2017-11; 12-12-17)
   Enforcement Official.  The person responsible for the administration and enforcement of this Article shall be the Village Building Inspector or his or her designee.
   Erect. To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs.
   Facing or Surface. Any surface of a sign upon, against, or through which the message is displayed or illustrated on the sign.
   Gasoline Station or Automotive Service Center. Any business, which dispenses, or is designed to dispense, gasoline and/or oil for use in motor vehicles and boats.
   Ground Sign. Any sign which has the top part of its face less than ten (10) feet above the ground and which is erected upon or supported by the ground, a ground planter box, or other supports.
   Illuminated Sign. Any sign, which has characters, letter, figures, designs, or outlines illuminated by electric lights or luminous tubes as a part of the sign proper.
   Incombustible Material. Any material, which will not ignite at or below a temperature of twelve hundred (1,200) degrees Fahrenheit and will not continue to burn or glow at that temperature.
   Light Pole Sign. A sign that has the lowest part of its face at least eight (8) feet above the ground and which is supported by a pole with a light designed for illuminating a street and adjacent area; however, this definition shall not be construed to include any public utility pole.
   Marquee Sign. Any sign affixed to a marquee over the entrance to a building such as a hotel or theater, extending and supported from the building.
   Occupational Signs. All industrial, commercial and mercantile signs advertising the business on its premises or any of its activities, including permanent theater signs used to advertise performances.
   Other Advertising Structures. Any marquee, canopy, awning, street clock, time and weather information.
   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 series, designed to move in the wind. Flags are not considered Pennants for the purposes of this definition.
   Permanent Sign. Any sign designed and intended to be permanently affixed to the ground, a building, or other permanent structure. Signs originally designed and manufactured to be portable shall not be considered permanent even if modified and permanently affixed to the ground, a building, or other permanent structure.
   Pole Sign. Any sign, which has the lowest part of its face, at least ten (10) feet above the ground and which is supported by a freestanding pole, except as noted in Section 40-12-16.
   Political Sign. Any temporary sign as defined herein that is intended to promote a candidate or proposition in a village, county, local taxing district election, or state or federal election.
   Portable Signs. Any sign not permanently affixed to the ground or other permanent structure or a sign designed to be transported, including, but not limited to signs designed to be transported by means of wheels, sign converted to a- or t- frames; menu and sandwich board signs, balloons, umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, including any vehicle that is used in the normal day-to-day operation of the business.
   Projecting Sign. Any sign projecting perpendicularly from the building.
   Reader Board or Bulletin Board. Any sign that has manually changeable or removable lettering, with the exception of marquee signs or electronic reader boards, as defined herein.
   Residential Subdivision Identification Sign. Any sign identifying the name of a residential subdivisions, which may include a logo and the names of the streets within the subdivision.
   Roof Sign. Any sign painted, erected, constructed, and maintained upon the roof of any building, including wall signs or projecting signs attached to a building wall that extend above the roof line.
   Shopping Center. An area containing four (4) or more shops, stores, and other places of business and located in an approved planned development commercial district or mixed development district under the zoning ordinance and providing off-street parking facilities in common for all businesses and their customers.
   Sign. Any sign as defined herein including any letter, figure, design, symbol, trademark, panel, device, or structure designed or intended to convey information to the public in written or pictorial form, including without limitation, billboard, banner sign, ground sign, portable sign, pole sign, wall sign, roof sign, projecting sign, temporary sign, marquee, awning, canopy, time and weather information and street cock, when placed out of doors or in show display windows intended to be visible from the outside.
   Sign Area. The total area of the space to be used for advertising purposes, including the spaces between open-type letters and figures, including the background structure or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. The total allowable area for a double faced sign, where the two faces are no substantially parallel, shall be equal to the allowable area for a single-faced sign.
   Special Events. Special promotional events by businesses; municipal, charitable, institutional, cultural, or other non-profit organizations; or units of local government involving the temporary display and/or sale of merchandise, entertainment, and food and beverage sales where the events do not exceed three (3) consecutive calendar days.
   Structural Trim. The molding, battens, capping, nailing strips, latticing and platforms, which are attached to the sign structure.
   Temporary Signs. Any sign either by nature of its definition and/or permitted use proved for herein that is intended to display information for or about an event, activity, election, or public service which has a specific date or time frame or occurrence that is not permanently affixed to the ground, a building, or permanent structure, but not to include signs as defined herein that are permanently affixed to the ground, a building or permanent structure that proved for changeable copy or messaging.
   Wall Sign. Any sign affixed to the front, side, or rear wall of any building and parallel to the face of the wall.
   Window Sign. Any sign that is intended to be viewed through a display or storefront window.

40-12-3 ADMINISTRATION.

   The provisions hereof shall be enforced and administered in accordance with the provisions of the Zoning Code.

40-12-4 APPEALS.

   Any person whose application for a permit for a sign has been denied may file an appeal with, and seek a recommended variance from, the Zoning Hearing Officer as provided for in the Zoning Code.

40-12-5 PERMIT REQUIRED; EXCEPTIONS; FEES.

   (A)   (1)   No sign shall be erected, nor the location of any existing sign changed, until the Village Clerk shall have issued a permit.
      (2)   An application for a sign permit shall be submitted to the Zoning Administrator, and shall be accompanied by plans and specifications. The plans and specifications must be drawn to scale and shall include the dimensions, material, and details of construction of the proposed sign, together with accurate colored rendering of the proposed sign. A site plan of the property where the sign is to be located indicating the location of the sign must also be provided.
      (3)   Before a permit can be granted for the installation for any sign, the applicant for the permit must submit evidence of an agreement signed by the owner or owners of the property granting permission to the applicant to install the sign and binding the owner or owners, their heirs and signs irrevocably, to permit the Village through its agents to enter on the real property for the purpose of removing the sign or signs as provided under the provisions of this Article and waiving, and holding the Village harmless from any damage to the real property occasioned by the sign removal.
      (4)   The Zoning Administrator may prescribe suitable regulations not inconsistent with the provisions of this Section concerning the form and content of all application for the various types of permits herein required.
      (5)   The following signs are exempt from the preceding requirements contained in subsections (A)(1) through (4) above:
         (a)   Real estate signs not exceeding six (6) square feet in area, which advertise only the sale, rental, or lease of the premises, upon which the signs are located;
         (b)   Bulletin boards and/or reader boards no over twenty-five (25) square feet in area, for public, charitable, or religious institutions, which are located on the premises of the institutions and wherein the color of any lettering of copy to be displayed is one color not including the background color or the color of the sign structure;
         (c)   Signs denoting the architect, engineer, or contractor when placed upon a site under construction not exceeding sixteen (16) square feet in area for residential construction and thirty-two (32) square feet in area for commercial construction, and only for the duration for the construction period;
         (d)   Memorial signs or tablets, names of buildings, and date of erection when cut into masonry surface or when constructed of bronze or other incombustible materials;
         (e)   Traffic or other municipal signs, legal notices, railroad crossing signs, danger, emergency, or non-advertising signs;
         (f)   Political campaign signs, announcing candidates seeking public office and/or political issues and other pertinent information. Such signs shall be confined to private property with the owner’s permission. In any residential district, political campaign signs shall not exceed sixteen (16) square feet in area; in other districts, such signs shall not exceed thirty-two (32) square feet. Not more than one political campaign sign per individual candidate and/or political issue shall be permitted per lot or site area. In no instance shall any political campaign sign be located closer than ten (10) feet from any Village road pavement edge or within designated right-of-way or as otherwise prohibited pursuant to county, state or federal law, statute or regulation. Any signs constituting a hazard to traffic safety or the community shall be removed or relocated immediately as directed by the Zoning Administrator; (Ord. No. 2017-11; 12-12-17)
[IL State statutes now prohibit the required removal of political signs within a given date of an election. Communities can still regulate size and location but not duration.]
         (g)   Professional name plates not exceeding three (3) square feet in area;
         (h)   Occupational signs not over four (4) square feet in area (on building); and
         (i)   Signs erected inside a building and not visible through windows;
         (j)   Portable signs attached or painted or affixed to a vehicle used in the normal day-to-day operation of business, identifying the name, address, and type of business;
         (k)   Signs advertising the sale of a used vehicle, if not otherwise prohibited by ordinance;
         (l)   Signs advertising a garage sale, if not otherwise prohibited by ordinance.
   (B)   (1)   No permit fees are required for the erection of signs listed in paragraph (A)(5) above.
      (2)   The Village shall periodically review and establish permit fees by Resolution, which shall be required to be paid to the Village in full prior to the issuance of each required sign permit. For purposes of this Code and excluding separate fees associated with electrical permits and inspections, the fees for permits shall be Fifty Dollars ($50.00).
      (3)   The permit fees shall cover the inspection of the location of the proposed sign and the inspection during and construction and all monies so collected by the enforcement official shall be deposited in the general revenue fund of the Village.
      (4)   The provisions for the building code and electrical code of the Village shall govern the construction, alteration, and maintenance of all signs, with their permanent and auxiliary devices, so far as they do not conflict with the provisions of this Article.
      (5)   If the sign is illuminated, an electrical permit and inspection by a Village electrical inspector shall be required. A fee covering the electrical permit and inspection shall be charged as provided by ordinance or resolution as the Village adopts.
      (6)   Fees provided for in paragraphs (B)(1) through (4) above may be waived for charitable organizations if approved by the enforcement official.

40-12-6 SIGNS AND DEVICES PROHIBITED.

   The following signs and advertising devices are prohibited in the Village:
   (A)   Signs or devices, which by color, location or design resemble or conflict with traffic control signs or devices;
   (B)   Exterior use of advertising devices such as pennants affixed on poles, wires, or ropes, streamers; wind operated devices; searchlights; flashing lights; and any other type of fluttering devices, except as provided for in Section 40-12-22;
   (C)   Letters to pictures in the form of advertising printed or applied directly on the wall of a building;
   (D)   Signs containing flashers, animators, or mechanical movement or contrivances of any kind, excepting electronic message boards as defined and permitted herein;
   (E)   Paper posters and painted signs applied directly to the wall of a building or pole or other support;
   (F)   Signs painted on the inside or outside of windows;
   (G)   Signs advertising an article or product not manufactured, assembled, processed, repaired or sold upon the premises upon which the sign is located unless otherwise permitted by ordinance;
   (H)   Portable signs, except as provided in Section 40-12-25;
   (I)   Signs advertising a service not rendered on the premises upon which the sign is located unless otherwise permitted by ordinance;
   (J)   Revolving signs of any type;
   (K)   Signs greater than two (2) square feet in area in residential districts for home occupations; (Sign must be affixed to the building); (Ord. No. 2017-11; 12-12-17)
   (L)   Signs on parking lot light standards;
   (M)   Signs with more than two faces;
   (N)   Roof signs;
   (O)   Banners, pennants, or flags suspended from an awning;
   (P)   Exterior banner signs, excepts as provided in Section 40-12-11; and
   (Q)   Signs placed in such a way as to create a traffic hazard.

40-12-7 LOCATION.

   (A)   All signs must be located on the property of the business or building they advertise.
   (B)   Setback lines are designated for pole signs in Section 40-12-16; for ground signs in Section 40-12-15; for temporary signs in Section 40-12-12; and for signs at gasoline stations and automotive service centers in Section 40-12-29.
   (C)   No sign shall be located on public property other than residential subdivision identification signs provided in Section 40-12-20.
   (D)   Signs advertising off-site business or activity, require a variance, which will be granted only upon a showing that equal location is not otherwise available to the sign applicant, and that the sign otherwise complies with all other ordinances. In addition, a variance will be recommended only if the Hearing Officer pre-approves the sign as to style and construction. A variance may be granted by the Village Board to allow said signs to be erected for a reasonable duration, but in no case to exceed thirty (30) days in a twelve (12) month period.
   Application for such variance shall follow the procedure for variances listed in Section 40-13-3.

40-12-8 QUANTITY OF SIGNS PER BUSINESS.

   (A)   Each building occupied by one business shall be allowed a maximum of four (4) signs, which may be a wall sign, a projecting sign, a ground sign, or a pole sign, provided that there shall not be more than one type of sign per type, or two temporary signs.
   (B)   (1)   For a business located on a corner lot, one wall sign may be permitted on each street side of the building.
      (2)   One projecting sign may be permitted on each street side of the building and one (1) pole sign or ground sign on the lot may be permitted, provided that there shall not be more than two types of signs.
   (C)   Where more than one business is located on the ground floor of a building, each business shall be allowed two signs, one of which may be a wall sign and the other of which may be an under-canopy sign or a sign as described under Section 40-12-17 and Section 40-12-18, if applicable.
   (D)   Two (2) non-illuminated small-scale “store hours” signs may be lettered on the glass show window or entry door of each storefront of a business.
   (E)   A canopy or awning sign may be substituted for a permitted wall sign upon determination by the Zoning Administrator of a hardship warranting the sign, provided that the sign is in compliance with all of the requirements of this Article and the sign.
      (1)   Maintains a clearance of at least thirteen (13) feet above grade where there will be vehicular traffic beneath it or maintains a clearance of nine feet above grade where there will be pedestrian traffic beneath it;
      (2)   Is painted or is of the same material as the awning or canopy when the sign is applied to cloth or similar material; and/or
      (3)    Is not internally illuminated.
   (F)   The limitation as to the number of signs shall not include window signs as authorized in Section 40-12-14 or directional signs as authorized in Section 40-12-28.

40-12-9 LETTER SIZE.

   The size of letters of all signs shall be proportionate or harmonious in size to the overall area of each sign.

40-12-10 SEASONAL SIGNS AND DEVICES.

   Decorations and displays denoting holidays, events, seasons of the year, or similar occasions shall be permitted, subject to the following requirements:
   (A)   No such display shall be in place for more than ninety (90) days.
   (B)   No pennants, streamers, or flags shall be allowed.
   (C)   A display shall not convey a commercial message or bear the name of a business or product.
   (D)   A permit for a seasonal sign or display shall be issued upon determination by the enforcement that the sign or display conforms to all applicable requirements of this Article.

40-12-11 BANNER SIGNS.

   Banner signs, outside of a building, are prohibited, except for the following:
   (A)   Temporary promotional banners, as provided in Section 40-12-12(H);
   (B)   Temporary banners as provided for in Section 40-12-22, special events;
   (C)   Temporary banners as provided for in Section 40-12-12(G), grand openings; and/or
   (D)   Banners inside buildings may be used as windows signs, as provided in Section 40-12-14.
   (E)   Banners hung by the Village from buildings or utility poles promoting the Village, its business or Route 66.

40-12-12 TEMPORARY SIGNS.

   (A)   Temporary ground signs advertising or announcing the future development of the property, other than subdivisions on which the signs are located may be maintained subject to the provisions of this Article, provided such signs do not exceed one hundred (100) square feet in area or remain longer than six (6) months.
   (B)   Temporary for sale or for lease signs for new commercial or industrial buildings shall not exceed thirty-two (32) square feet or remain more than thirty (30) days after the building is completed.
   (C)   Temporary for sale or for lease signs for existing commercial or industrial buildings shall not exceed twelve (12) square feet or remain more than ninety (90) days, but may be renewed upon application to the enforcement official.
   (D)   Temporary ground signs may be displayed in show or display windows provided that they do not remain more than thirty (30) days per year.
   (F)   Temporary for sale or for lease signs for subdivisions and signs advertising the development of a new subdivision shall not exceed thirty-two (32) square feet or remain more than ninety (90) days after the subdivision is completed or ninety percent (90%) of all lots are sold. The signs must be posted on the subdivision property. Security in the form of a certified check in the amount of One Hundred Dollars ($100.00) shall be deposited with the Village Clerk, to be returned upon satisfactory compliance with permit requirements.
   (G)   Temporary banner signs outside a building, relating to grand openings, for businesses under new management, or special events, as defined in Section 40-12-12, sponsored by charitable, municipal, institutional, cultural, non-profit, or local government organizations may be permitted for a period of time not longer than thirty (30) days prior to the date or the opening, advent of new management or special even and not more than fifteen (15) days thereafter, but in any event not to exceed a total of forty-five (45) days. In the situation where a temporary banner sign is intended to substitute for permanent new or replacement signage that is permitted and approved in accordance with the provisions of this Article, the temporary banner sign my be allowed for a period not to exceed thirty (30) days.
   (H)   Temporary banner signs, used outside a building, for special events involving businesses shall be permitted only for the duration of the event and for a period of time not to exceed one (1) week prior to the event. The number of banners shall be limited to a total of two (2) and for a duration of up to thirty (30) days.

40-12-13 WALL SIGNS.

   A wall sign shall comply with the following requirements:
   (A)    (1)   A wall sign shall consist of individual letters with faces and returns of complimentary colors.
      (2)   The sign shall not project beyond the building for a distance of more than twenty-one (21) inches. If illumination is to be provided, the sign shall be internally illuminated or back-lighted, so as to prevent glare upon the street or adjacent property.
   (B)   A wall sign shall be constructed of incombustible materials, except that molding and capping may be made of wood. A wall sign shall be safely and adequately attached to the building. No wall sign shall cover the doors or windows of a building or otherwise prevent free ingress and egress to or from any window, door, or fire escape of a building.
   (C)   A wall sign shall not extend downward nearer than ten (10) feet to the ground.
   (D)   No wall sign shall extend above the roof line.
   (E)   A building occupied by a single occupant that is not on a corner lot may have a wall sign with an area up to ten percent (10%) of the area of the front wall of the building on which the sign is to be installed. The maximum permitted sign area on any one building occupied by a single user shall not exceed two hundred fifty (250) square feet.
   (F)   A building occupied by a single occupant that is located on a corner lot may have one wall sign on each street frontage, not exceeding the size limitations as set forth in paragraph (E) above for each sign.
   (G)   A building with multiple occupants that is not on a corner lot shall be permitted to have one (1) wall sign no greater than fifty (50) square feet, depicting the name or use of the building. In addition, each ground floor occupant who has separate main business entrance may erect a wall sign which may be ten percent (10%) of the from wall area of the business, but not greater than one hundred (100) square feet.
   (H)   A building with multiple occupants that is on a corner lot shall be permitted to have one (1) wall sign no greater than fifty (50) square feet, depicting the name or use of the building. In addition, each ground floor occupant who has a separate main business entrance may erect a wall sign which may be ten percent (10%) of the wall area facing the street, but not greater than one hundred (100) square feet for each sign.

40-12-14 WINDOW SIGNS.

   All window signage shall comply with the following requirements:
   (A)   Decals indicating store acceptance of charge cards or affiliations with organizations may be affixed to the window glass or door glass. No decal shall be larger than forty (40) square inches.
   (B)   Vinyl lettering depicting the name, address, and telephone number of the business may be located on the door glass, provided that the lettering does not cover more than twenty percent (20%) of the total of all door glass within which the lettering is placed. For purposes of this provision, where the entry doors consist of double frame door units (or other multi-frame units), the total of all door glass shall be measured based upon the total glass within each door frame unit.
   (C)   The total amount of window signage shall not be greater than twenty-five percent (25%) of the total window area of the business when visible from the principal street.
   (D)   Not more than one (1) window sign shall be located within a window.
   (E)   For multiple occupant buildings, the preceding regulations apply to each occupant.
   (F)   In any event, no such window or door signage shall be placed in such a manner as to impede the ability for the public safety (police or fire) officers to see into the premises. In determining whether or not any window or door sign is an impediment to public safety officers, the Zoning Administrator for this chapter may seek the opinion of the appropriate chief public safety official. A written ruling of the chief public safety official shall be final in determining the extent and placement of window signage, not withstanding any other provisions of this Section.

40-12-15 GROUND SIGNS.

   (A)   No ground sign shall be at any point over ten (10) feet above the ground level.
   (B)   Every ground sign shall be stoutly constructed and anchored in a secure and substantial manner.
   (C)   The ends of all such signs shall be at least six (6) feet from any wall or fence or any obstruction, which would prevent a clear passage around.
   (D)   (1)   No ground sign shall exceed fifty (50) square feet for each face.
      (2)   Not more than one (1) ground sign shall be erected on any one lot or tract of land.
   (E)   No ground sign when erected on a lot fronting on intersecting streets shall be erected within sixty (60) feet of the intersection of the streets.
   (F)   Ground signs, less than thirty-six (36) square feet in size, shall be located so that no part of the sign projects beyond a five (5) foot setback line from the street right-of-way.
   (H)   (1)   In the case of a multiple occupant building, one (1) ground sign shall be permitted depicting only the name or use of the building.
      (2)   No sign shall be permitted for an individual occupant of the building.
   (I)   A ground sign may include permanently affixed reader boards or electronic message boards. In addition to the requirements of this subsection, electronic message boards shall also adhere to the requirements of Section 40-12-24 (Electronic Message Boards).
      (1)   These types of signs shall be permitted in addition to the above noted permitted sign area. However, the reader board or electronic message board area of any sign may occupy no more than fifty percent (50%) of the total square footage of the sign face, up to a maximum of twenty-five (25) square feet. This area must be placed on the lower half of the sign structure.
      (2)   Clocks and time and temperature information devices shall be permitted on a ground sign with a maximum area of ten (10) square feet. These types of signs shall be permitted in addition to the above noted permitted sign area.
(Ord. No. 2017-11; 12-12-17)

40-12-16 POLE SIGNS.

   (A)   Pole signs shall not exceed fifty (50) square feet for each face, including air space between parts of the sign situated on private property.
   (B)   The maximum height of any pole sign shall be two and one-half (2 ½) times the largest sign face dimension, but in no case more than twenty-eight (28) feet with a reader board or twenty-two (22) feet without a reader board.
   (C)   The pole sign shall be so located that no part of the sign projects beyond a five (5) foot setback line from the street right-of-way.
   (D)   No pole sign shall extend downward nearer than ten (10) feet to the ground or pavement.
   (E)   A pole sign shall be constructed of incombustible material.
   (F)   Pole signs shall be proportioned so that the ratio of the width-to-height of the sign face does not exceed two to one or that the ratio of the height-to-width does not exceed 1.33 to one.
   (G)   Double-faced pole signs shall be constructed with parallel faces having identical size and shape so that the back of a sign face is not visible.
   (H)   The size of support poles shall be proportional and harmonious to the overall size of the sign. The support poles shall be a color compatible with the sign face and frame.
   (I)   (1)   A pole sign may include permanently affixed reader boards or electronic message boards.
      (2)   These types of signs shall be permitted in addition to the above noted permitted sign area.
   (J)   (1)   Clocks and time and temperature information devices shall be permitted on a pole sign with a maximum area of ten (10) square feet.
      (2)   These types of signs shall be permitted in addition to the above noted permitted sign area.
   (K)   One (1) pole sign for each building fronting a public street, which is occupied by only one occupant, shall be allowed.
   (L)   (1)   In the case of a multi-occupant building, one (1) pole sign depicting the name or use of the building shall be allowed.
      (2)   Such a sign may include a list of the occupants of the building.

40-12-17 COMMUNITY OR REGIONAL SHOPPING CENTER IDENTIFICATION SIGNS.

   (A)   For the purpose of this provision, a community or regional shopping center shall be a shopping center having a total leasable area of more than seventy-five thousand (75,000) square feet in which the majority of the tenant spaces are located more than two hundred fifty (250) feet from the street right-of-way.
   (B)   Any shopping center qualifying as a community or regional shopping center hereunder may erect a monument having a maximum height of twenty-five (25) feet above grade on the property of the shopping center, which shall be so located as not to obstruct the view for exiting the shopping center and composed of stone, masonry, plastic masonry, or such other materials as are deemed consistent with the shopping center improvements, on which individual signs may be placed in accordance with the following standards:
      (1)   Maximum total sign area of all such signs: one hundred twenty-five (125) square feet, per face subject to division (B)(5) below.
      (2)   Minimum sign letter size: eight (8) inches.
      (3)   The background of each such sign shall be compatible with the background of all other signs on the monument.
      (4)   The total area of all of the signs located on the monument shall not exceed sixty-five percent (65%) of the total area of the monument. In making the determination, the area of each sign shall be calculated on the basis of the total area of the background of each sign.
      (5)   The content of the signs shall be limited to the name of the shopping center and the name of the occupants of the shopping center.
   (C)   Any shopping center qualifying as a community or regional shopping center hereunder located within one thousand (1,000) feet of an interstate highway interchange may erect a pole sign in addition to the signage provided for in paragraph (B) above. The pole sign shall be designed in accordance with the provisions of Section 40-12-16, except that the following may be permitted:
      (1)   The total area shall not exceed seventy-five (75) square feet per face.
      (2)   The maximum height shall not exceed one hundred (100) feet.
      (3)   The sign may be located on property that is not part of the principal shopping center site; however, the property must be in private ownership, cannot be zoned for single or multi-family residential se and must be contiguous to or within two hundred (200) feet of the principal community or regional shopping center site.
      (4)   The sign cannot be placed closer than five hundred (500) feet to any property line for parcels that are zoned single-family or multi-family residential.

40-12-18 NEIGHBORHOOD SHOPPING CENTER IDENTIFICATION SIGNS.

   (A)   For the purpose of this provision, a neighborhood shopping center shall be a shopping center having a total leasable area of more than twenty thousand (20,000) square feet and less than seventy-five thousand (75,000) square feet.
   (B)   Any shopping center qualifying as a neighborhood shopping center hereunder may erect a monument having a maximum height of twenty (20) feet above grade on the property of the shopping center, which shall be located as not to obstruct the view for exiting the shopping center and composed of stone, masonry, plastic masonry, or other materials as are deemed consistent with the shopping center improvements, on which individual signs may be placed in accordance with the following standards:
      (1)   Maximum total sign area of all signs; one hundred (100) square feet per face, subject to paragraph (B)(5) below.
      (2)   Minimum sign letter size: eight (8) inches.
      (3)   The background of each such sign shall be compatible with the background of all other signs on the monument.
      (4)   The total area of all of the signs located on the monument shall not exceed sixty-five percent (65%) of the total area of the monument. In making the determination, the area of each sign shall be calculated on the basis of the total area of the background of each sign.
      (5)   The content of the signs shall be limited to the name of the shopping center and the name of the occupants of the shopping center.

40-12-19 OFFICE BUILDING IDENTIFICATION SIGNS.

   (A)   For the purpose of this provision, an office building shall be any building where more than fifty percent (50%) of the building’s leasable space is occupied for office usage.
   (B)   Any building qualifying as an office building hereunder may erect a monument having a maximum height of ten (10) feet above grade on the property of the office building, but in no case shall the sign be higher than the roof line, and shall be so located as not to obstruct the view for exiting the office building and composed of stone, masonry, plastic masonry, or other materials as are deemed consistent with the shopping center improvements, on which individual signs may be placed in accordance with the following standards:
      (1)   Maximum total sign area of all signs; one hundred (100) square feet per face, subject to paragraph (B)(5) below.
      (2)   Minimum sign letter size: eight (8) inches.
      (3)   The background of each such sign shall be compatible with the background of all other signs on the monument.
      (4)   The total area of all of the signs located on the monument shall not exceed sixty-five percent (65%) of the total area of the monument. In making the determination, the area of each sign shall be calculated on the basis of the total area of the background of each sign.
      (5)   The content of the signs shall be limited to the name of the office building and the name of the tenants of the office building.

40-12-20 RESIDENTIAL SUBDIVISION IDENTIFICATION SIGNS.

   For each residential subdivision entry street, a residential subdivision identification sign may be installed by a developer, subdivision governing body and or subdivision residents, subject to the following regulations:
   (A)   Type of Sign.
   Any sign shall be a ground sign or a light pole sign, as defined in Section 40-12-2.
   (B)   Area of Sign.
      (1)   Any such ground sign shall not exceed twenty-five (25) square feet in area, excluding any supports.
      (2)   Any light pole sign shall not exceed 3.75 square feet.
   (C)   Submission of Plans.
   The plan for any proposed residential subdivision identification sign shall be submitted to the Zoning Administrator, who may impose such specifications, as deemed necessary, for safety purposes prior to granting approval.
   (D)   Location and Placement.
   Any such sign shall be located on private property. If authorization for placement on private property cannot be obtained, the sign may be located between the curb and edge of public right-of-way, the specific location of which shall be determined by the enforcement official in accordance herewith.
   (E)   Agreements; Claims.
   Hereof and in the case of a proposed ground sign, upon the filing of a duly authorized agreement of indemnification of the Village by the governing body or residents of the subdivision to protect the Village against any claims arising out of the condition of the sign.
   (F)       Visibility; Obstructions.
   Any such sign shall not obscure the visibility or line of sight of the operator of a vehicle at the intersection at which the sign is proposed to be located.

40-12-21 BILLBOARDS NEAR HIGHWAYS IN INDUSTRIALLY OR COMMERCIALLY ZONED AREAS.

   Billboards shall be permitted in the Highway Commercial and Light Industrial zoning districts.
   (A)   Size.
   The maximum sign area for any one billboard shall be limited to one (1) square foot of aggregate sign area per two (2) lineal feet of lot frontage on a street, provided that said maximum dimension may be increased by one (1) additional square foot of sign area for each one (1) lineal foot of setback, beyond said twenty-five (25) foot setback line, measured in one direction only from any lot line fronting on or adjoining a street right-of-way, but in any case not exceeding a total of five hundred (500) square feet of aggregate sign area on any lot. In determining the total permitted sign area of advertising signs or billboards, the total sign area of all signs on the lot shall be considered as part of the total sign area permitted. The face of advertising signs or billboards shall not exceed twenty (20) feet in total height.
   (B)   Lighting.
      (1)   No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any billboard. No flashing, intermittent or moving light or lights will be permitted except scoreboards and other illuminated signs designating public service information, such as time, date, or temperature or similar information, will be allowed.
      (2)   External lighting, such as floodlights, thin line and gooseneck reflectors are permitted, provided that the light source is directed solely upon the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the main traveled way of the highway or onto adjacent property and the lights are not of an intensity so as to cause glare, impair the vision of the driver of a motor vehicle, or otherwise interfere with the driver’s operation of a motor vehicle.
      (3)   No sign shall be so illuminated that it interferes with the effectiveness of, or obscures, an official traffic sign, device, or signal.
   (C)   Spacing.
      (1)   There shall not be more than twelve (12) billboards within the Village at any one time. A special use permit for erection of a new billboard will be denied in the event there are twelve (12) billboards currently in use or available for use within the Village.
      (2)   No billboard shall be located in such manner as to obstruct or otherwise physically or visually interfere with the effectiveness of an official traffic sign, including directional signs, signals, or devices or obstruct or physically interfere with a motor vehicle operator’s view of approaching, merging, or intersecting traffic.
   (D)   Location.
   To provide a safety zone and to prevent injury or property damage to residentially zoned properties resulting from billboard collapse, no portion of a billboard shall be located within one thousand (1,000) feet of any residentially zoned property. Billboards shall be located not less than twenty-five (25) feet from any lot line, fronting on or adjoining street right-of-way.
   (E)   Other Regulations.
   All other provisions of this Article relating to the design and construction of signs and permit requirements shall apply equally to billboards authorized under this Section.

40-12-22 SPECIAL EVENT SIGNS.

   (A)   The following signs are permitted for a special event, as defined in Section 40-12-2, and as may be permitted under other provisions of the Village Code.
      (1)   Pennants and streamers that are securely fastened;
      (2)   Search lights; and
      (3)   Other signs as may be permitted under the temporary signs provisions of this Code, as provided for in Section 40-12-2.
   (B)   The Zoning Administrator must approve all proposed signage prior to the event.

40-12-23 READER BOARD SIGNS.

   (A)   Reader board signs shall be prohibited for use except by churches, schools, libraries, governmental agencies, businesses and civic organizations, except as authorized under Sections 40-12-15(I) and 40-12-16(I). (Ord. No. 2017-11; 12-12-17)
   (B)   Reader board signs shall not exceed thirty-two (32) square feet in area, except those authorized under Section 40-12-16(I).

40-12-24 ELECTRONIC MESSAGE BOARDS.

   (A)   Electronic message board signs shall be prohibited for use except for churches, schools, libraries, governmental agencies, businesses and civic organizations, except as authorized under Sections 40-12-15(I) and 40-12-16(I).
   (B)   All electronic message board signs shall be turned off or otherwise non-operational from 11:00 P.M. until 6:00 A.M. or after business hours, whichever is later.
   (C)   In order to insure that no sign is brighter than necessary for clear and adequate visibility, all electronic message board signs shall be allowed no greater than five thousand (5,000) candela per square meter (NITS) during daylight hours and four hundred (400) candela per square meter (NITS) from dusk until dawn.
   (D)   The images and messages displayed on the electronic message board sign shall not flash or blink. They must be static, complete in themselves, without continuation in content to any other sign and must remain visible for at least a five (5) second interval before being reset or replaced with another message, content or image.
   (E)   The images or messages on electronic message board signs shall not include moving or animated video images or content.
(Ord. No. 2017-11; 12-12-17)

40-12-25 PORTABLE SIGNS.

   Portable signs are prohibited, except that vehicles that are used in the normal day-to-day operation of the business may have a sign attached or painted on the vehicle identifying the name, address, and type of business.

40-12-26 PROJECTING SIGNS.

   A projecting sign shall comply with the following requirements:
   (A)   A projecting sign not exceeding twenty-five (25) square feet in area for each building fronting a public street shall be allowed, proved that, if a building is occupied by only one user and the front wall area adjoining the public street on which the building is located exceeds five hundred (500) square feet, the building may have a projecting sign with an area equal to ten percent (10%) of the area of the front wall of the building, but shall not exceed two hundred fifty (250) square feet.
   (B)   A building located on a corner lot may have one (1) projecting sign on each street side of the building, but not exceeding the size limitations as set forth in paragraph (A) above for each sign.
   (C)   No projecting sign shall extend more than four (4) feet, six (6) inches from the building, including structural supporting or extending members attached to the building.
   (D)   No projecting sign shall project nearer to the curb line than four (4) feet.
   (E)   No projecting sign shall extend downward nearer than ten (10) feet to the ground or pavement.
   (F)   No projecting sign shall extend above the roof line.
   (G)   Every projecting sign shall be constructed on non combustible material and braced to withstand a horizontal wind pressure of not less than thirty (30) pounds for every square foot of surface exposed and shall be securely attached to the building wall in an approved manner.

40-12-27 DIRECTION SIGNS.

   In addition to the two (2) signs allowed by Section 40-12-8, small post signs indicating the direction to an on-site business (exit and entrance) may be erected and maintained subject to the following:
   (A)   The enforcement official shall investigate and make a determination that the sign will serve a public purpose.
   (B)   The sign shall not exceed four (4) square feet in area and shall be installed in a manner and at a height so as not to interfere with the ordinary and lawful use of the street. The sign may include the corporate logo of the business.

40-12-28 MARQUEES; MARQUEE SIGNS.

   (A)   Marquees and marquee signs may extend to a point four (4) feet back of the curb line, but no marquee or marquee sign shall extend downward nearer than eleven (11) feet above the level of the sidewalk at its lowest level.
   (B)   An illuminated sign which may be placed on a marquee which may extend the entire length and width of the marquee, provided such sign does not extend more than nine (9) feet above nor one (1) foot below the marquee, but under no circumstances shall the sign or signs have a vertical height greater than nine (9) feet.
   (C)   No additional sign shall be attached to a marquee.

40-12-29 UNDER CANOPY SIGNS.

   (A)   Any under canopy sign bearing only the name of the business to which the sign is attached and which sign does not exceed four (4) square feet in area shall be allowed.
   (B)   No under canopy sign shall project horizontally beyond the canopy or nearer to the curb line than four (4) feet.
   (C)   No under canopy sign shall extend downward nearer than ten (10) feet to the ground or pavement.
   (D)   Every under canopy sign shall be constructed of noncombustible material and shall be securely attached to the canopy in an approved manner.

40-12-30 LIGHTS; REFLECTORS.

   No sign shall be erected or maintained so as to prevent free ingress to or egress from any door, window, or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.

40-12-31 OBSCENE MATTER.

   It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent, or immoral matter.

40-12-32 MAINTENANCE.

   All signs shall be maintained in good repair, free of rust; peeling, flaking or fading paint; broken or cracked surfaces- broken or missing letters; and graffiti. Every supporting structure shall be kept in an upright condition.

40-12-33 REMOVAL.

   (A)      The following signs are subject to removal in accordance with the procedures hereof.
      (1)   Signs which are found to be unsafe and capable of creating a hazard to persons or property,
      (2)   Signs which are prohibited under Section 40-12-16;
      (3)   Signs which are erected without a permit, if required under the sign code;
      (4)   Signs for which required fees have not been paid; and
      (5)   Signs that are not maintained in accordance with the requirements of this Code.
   (B)   The Village shall give written notice to the owner or the managing agent of the property on which any such sign is located, directing its removal within seven (7) days and informing the owner or managing agent that, if the sign is not removed within the designated period, the Zoning Administrator shall cause it to be removed and the costs charged as an administrative fee. If the sign is not timely removed, the Zoning Administrator shall cause the same to be removed and certify the costs to the Village Clerk. The Village Clerk shall issue an administrative fee therefore against the property, which shall be a first lien on the property from the date of issuance until paid and shall be prima facie evidence of the recitals therein and of its validity. No clerical error or informality in the tax bill or in the proceedings leading to its issuance shall be a defense. Any administrative fee, if not paid, shall bear interest at the rate of ten percent (10%) per annum.
   (C)   Signs which the Zoning Administrator finds upon public streets, sidewalks, rights of way, or other public property, or which present an immediate and serious danger to the public because of their unsafe condition, may be removed by the Village or its designee without prior notice.
   (D)   The Zoning Administrator is authorized to go upon any premises for the purpose of removal of any sign under the provisions hereof. Signs so removed shall be retained by the Village for a period of thirty (30) days and, if payment of all expenses of the Village in connection with the removal are paid within the period, shall be returned to the owner. If not so claimed within such period of time, the Zoning Administrator may dispose of the sign in any manner by destroying or selling same, and owner waives all liability against the Village its employees, officers, assigns or agents.
   (E)   In addition to the procedures herein authorized, any person failing to remove any sign, upon notification to do so, shall, upon conviction, be subject to the penalties provided for violation of Village ordinances. (See Section 1-1-20)
(Ord. No. 08-01; 2008)