A.   The purpose of this Article is to create the framework for a comprehensive but balanced system of street graphics and thereby to facilitate communication between people and their environment.

   B.   With this in mind, the ordinance codified in this Article is adopted for the following purposes:

      1.   To authorize and promote the use of street graphics which are as follows:

         a.   Compatible with their surroundings;

         b.   Appropriate to the type of activity to which they pertain;

         c.   Expressive of the identity of individual proprietors or 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 enhance the economy and the business and industry of the Village by promoting the reasonable, orderly, and effective display of street graphics, 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 street graphics within the Village.

      6.   To protect the pedestrians and motorists from damage or injury caused by the distractions, obstructions, and hazards created by certain street graphics.

      7.   To protect the public investments 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 reorganizing and encouraging a sense of aesthetic appreciation for the visual environment.

      9.   To preserve the value of private property by assuring the compatibility of street graphics with surrounding land uses. (1985 Code)

The following community graphics are prohibited:

   A.   Attention-getting devices, unless they are specifically permitted by another section of this Article.

   B.   Flashing signs, except public information signs.

   C.   Moving signs.

   D.   Projecting signs.

   E.   Portable signs, except as may be permitted under the authority for temporary signs.

   F.   Internally illuminated wall signs in the Downtown Special Graphics Area, defined as those properties fronting on the following streets, inclusive of the intersections of these roadways:

      1.   State Street from Allen Road to Jackson Avenue;

      2.   Washington Avenue from State Street to Elm Street;

      3.   Jefferson Avenue from Park Street to Elm Street; and

      4.   Rinn Avenue from Park Street to Sate Street.

   G.   Roof signs.

   H.   Vehicle signs.

   I.   Any sign or sign structure which constitutes a hazard to public health or safety, as determined by the enforcement official.

   J.   Signs which, by reason of size, location, content, coloring, or manner of illumination, obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads, as determined by the enforcement official.

   K.   Signs which make use of words such as “stop,” “look,” “one-way,” “danger,” “yield,” or any similar words, phrases, symbols, lights, or characters in such a manner as to interfere with, mislead, or confuse traffic.

   L.   Any on-premises sign which advertises a business no longer conducted or a product no longer sold on the premises where such signs are located.

   M.   Any off-premises sign which advertises a business no longer conducted or a product no longer sold.

   N.   Signs on trees, utility poles, or public property. (1985 Code; amd. Ord. 24-33, 9-5-2024)

The provisions and regulations of this article shall not apply to the following community graphics, nor shall the area of such community graphics be included in the sign area permitted for any establishment:

   A.   Contractor signs, provided that:

      1.   Such a sign shall not exceed thirty two (32) square feet;

      2.   Such a sign shall not be erected prior to the start of construction; and

      3.   Such a sign shall be removed at the time of issuance of the occupancy permit.

   B.   Development identification signs, provided that:

      1.   Such a sign shall not exceed one hundred twenty eight (128) square feet in area, and shall not exceed a height of ten feet (10'); and

      2.   Such a sign shall not be erected more than thirty (30) days prior to the start of construction, and shall be removed within ninety (90) days after issuance of the final occupancy permit.

   C.   Flags, provided that no flag shall be larger than eight feet by twelve feet (8' x 12') in dimension.

   D.   Holiday decorations, provided that:

      1.   Such a sign shall be displayed for a period of not more than sixty (60) days in any one year; and

      2.   No such sign shall be used for advertising purposes.

   E.   Information signs.

   F.   Institutional signs, provided that:

      1.   Institutional signage will be regulated by section 6-12-4 of this article; and

      2.   Symbols, such as crosses or other religious representations, may be permitted as architectural features, including roof mounted symbols otherwise in compliance with applicable ordinances.

   G.   Memorial signs.

   H.   Nameplates, provided that such a sign shall not exceed two (2) square feet in area.

   I.   No trespassing signs, provided that such a sign shall be no more than two (2) square feet in area. (1985 Code)

   J.   Political campaign signs, provided that:

      1.   Such a sign shall not exceed thirty two (32) square feet in area;

      2.   Such a sign shall not exceed a height of five feet (5');

      3.   Such a sign shall not be displayed in any nonresidential area earlier than sixty (60) days before the pertinent election and shall be removed therefrom within seven (7) days after the pertinent election. (Ord. 10-23, 10-21-2010)

   K.   Public signs, provided that such a sign may be of any type, number, area, height above grade, location, illumination, or animation, as authorized by law, statute, or ordinance under which such signs are created.

   L.   Real estate signs, provided that:

      1.   Said signs shall not exceed six (6) square feet on real estate less than one acre;

      2.   Signs on parcels one acre and over, but less than five (5), shall not exceed thirty two (32) square feet;

      3.   Signs on parcels five (5) acres and over shall be subject to the provisions in subsection 6-12-4C of this article;

      4.   Real estate signs may remain in place during the time the property is for sale or rent, and for a period not to exceed one week after the consummation of the sale or rental of the property;

      5.   No more than one real estate sign shall be allowed per lot, except that a corner lot may have one such real estate sign per street front exposure; and

      6.   A minimum setback of eight feet (8') from any property line is required for any such sign.

   M.   Rummage sale or garage sale signs, provided that:

      1.   Any sign advertising a garage or rummage sale shall not be displayed more than four (4) times per year at any given sale location;

      2.   Each such exposure of such a sign shall not exceed five (5) days; and

      3.   No such sign shall exceed six (6) square feet in surface area.

   N.   Interior signs.

   O.   Public utility signs.

   P.   Window displays.

   Q.   Window promotional signs and window signs, provided that the total area of window coverage by such a sign shall not exceed fifty percent (50%) of the total surface area of all display windows in each street exposure. (1985 Code)

   R.   On site, directional signs. Not to exceed three (3) square feet in area and not to exceed three feet (3') in height. (Ord. 14-25, 5-1-2014)

   A.   The following types of graphics shall be permitted:

      1.   A sign mounted flush to a wall on the premises.

      2.   A sign freestanding on a pole or on the ground on the premises.

      3.   An accessory sign.

      4.   A temporary sign or attention getting device.

      5.   A sign under a marquee.

   B.   Sign flush mounted to a wall on the premises:

      1.   Flush mounted wall graphics may be attached flat to or pinned away from a wall.

         a.   Such graphics shall not project from the wall more than twelve inches (12").

         b.   In the case of a mansard roof, no sign shall project beyond that line established by that part of the roof which projects farthest from the wall supporting it.

         c.   No flush mounted sign shall extend above the roofline.

      2.   No wall sign shall be erected or maintained unless it meets all of the following requirements:

         a.   No more than one wall graphic per street front exposure shall be maintained on any one parcel of property or store front.

         b.   The total allowable sign surface area of any wall graphic on any single building shall be computed at three (3) times the lineal front footage of the building face having a street frontage exposure, or the following maximum area requirements, whichever is less:

            (1)   One hundred twenty (120) square feet maximum, where the building is set back less than two hundred feet (200');

            (2)   Two hundred forty (240) square feet maximum, where the building is set back two hundred feet (200') or more, but less than four hundred feet (400');

            (3)   Four hundred eighty (480) square feet maximum, where the building is set back four hundred feet (400') or more.

      3.   No flush-mounted graphic shall cover or interrupt major architectural features such as doors, exits, and windows.

      4.   If the graphic is enclosed by a box or outline, the total area of the graphic, including the background, is counted as part of the signable area.

   C.   Sign freestanding on a pole or on the ground on the premises:

      1.   No business establishment shall display a freestanding sign unless:

         a.   Said establishment is directly accessible by car and provides a minimum of four (4) parking spaces on the premises where such freestanding sign is displayed; and,

         b.   Said establishment is set back at least fifteen feet (15') from the nearest right of way.

      2.   No freestanding sign shall exceed sixty (60) square feet in sign surface area, except as otherwise provided in this Article.

      3.   No freestanding sign shall exceed five and one-half feet (51/2') in height, measured from grade at the edge of the nearest right of way to the top of the sign, except as otherwise provided in this Article.

      4.   No portion of a freestanding sign shall project over the property line or into the public right of way.

      5.   No more than one freestanding sign shall be maintained on any one parcel of property, with the following exceptions:

         a.   On a parcel with a minimum of three hundred feet (300') of street frontage, up to two (2) freestanding signs may be maintained;

         b.   On any such parcel, each freestanding sign shall not exceed five and one-half feet (51/2') in height, as set forth in subsection C3 above, and shall not exceed sixty (60) square feet in sign surface area; and,

         c.   On any such parcel, a minimum spacing of one hundred feet (100') shall be maintained between said signs.

      6.   A one hundred foot (100') separation shall be maintained between all freestanding signs wherever physically possible, measured parallel to the direction of travel on the adjacent street.

   D.   Accessory Signs:

      1.   A service station shall be permitted one exterior rate or price sign for each street front exposure on the following conditions:

         a.   The dimensions of each such sign shall not exceed ten (10) square feet;

         b.   Such signs shall be portable and shall state the price completely when displayed;

         c.   No other portable signs, as defined in this Article, shall be permitted; and,

         d.   A temporary sign may be permitted in accordance with the provisions set forth in this Article.

      2.   A shopping center shall be allowed one identification sign, which may be illuminated on each street front exposure, in addition to any sign otherwise permitted by the terms of this Article for the individual businesses therein, provided as follows:

         a.   For purposes of this Article, "shopping center" means a grouping of commercial uses and/or buildings either under single, joint or separate ownership designed and developed to offer a safe, efficient, and attractive shopping area, usually with common off-street parking areas, a pedestrian mall, controlled access and uniform, compatible signing.

         b.   A shopping center sign shall not extend beyond the property line or into the right of way and shall be used solely to identify the shopping center or shopping area.

         c.   A shopping center sign shall comply with all the requirements set forth in this Article, except:

            (1)   In a unified shopping center, interior stores not having a street front exposure shall be permitted to maintain one flush-mounted sign in accordance with subsection B of this Section.

   E.   Temporary Signs And Attention-Getting Devices:

      1.   A temporary sign or attention-getting device is permitted for a special promotion, including a special community activity, a grand opening event, an annual sale, or a special activity of a nonprofit organization, subject to the following limitations:

         a.   A temporary sign permit shall be limited to a period not to exceed thirty (30) days;

         b.   Not more than two (2) permits shall be issued within a twelve (12) month period;

         c.   One additional permit shall be permitted for a grand opening in the case of substantial new construction, or a permitted change in ownership or operation of an existing use;

         d.   The duration of a temporary permit may be extended by the enforcement official, where a temporary sign is being used in lieu of a permitted sign otherwise permitted under this Article, and where the applicant files satisfactory proof showing that a permitted sign meeting the requirements of this Article will be erected within a reasonable period of time.

         e.   No temporary sign shall contain any advertisement of any business, industry, or pursuit not conducted on or in the premises on which such sign is erected or maintained; and,

         f.   A temporary sign shall be placed not less than eight feet (8') from the nearest edge of a right of way or property line.

   F.   A sign under a marquee shall be permitted as follows:

      1.   One sign located under a marquee shall be permitted for each business in a building.

      2.   The total sign area shall not exceed six (6) square feet.

      3.   The width of any sign shall not exceed the width of the horizontal marquee projection.

      4.   No under-marquee sign shall project more than eighteen inches (18") from any canopy or other such structure.

      5.   There shall be a minimum of eight feet (8') of clearance between the ground and any such sign.

      6.   The permitted wall sign area and/or freestanding sign area shall be reduced for each square foot, or portion thereof, of sign area devoted to under-marquee signs.

   G.   Projecting Signs:

      1.   Projecting signs shall be permitted only in the Downtown Special Graphics Area, defined as those properties fronting on the following streets, inclusive of the intersections of these roadways:

         a.   State Street from Allen Road to Jackson Avenue;

         b.   Washington Avenue from State Street to Elm Street;

         c.   Jefferson Avenue from Park Street to Elm Street; and

         d.   Rinn Avenue from Park Street to State Street.

      2.   No more than one (1) projecting sign shall be permitted per building face, subject to the following requirements:

         a.   No projecting sign or sign-mounting structure shall extend above the height of the building face.

         b.   When placed partly or wholly above a public right-of-way or sidewalk, or a private walkway, no part of any projecting sign or sign-mounting structure shall be less than seven feet four inches (7'4") above the adjacent ground surface.

         c.   No projecting sign or sign-mounting structure may project more than five feet (5') from the building face; provided, the farthest projecting point of any projecting sign shall be set back not less than four feet (4') from any adjacent curb, street, alley, driveway, or parking space measured perpendicularly from such farthest projecting point to the adjacent ground surface of any such curb, street, alley, driveway, or parking space.

         d.   No projecting sign shall exceed ten (10) square feet in surface area.

         e.   If the projecting sign is enclosed by a box or any other material serving to contain the sign, said box or other material shall be included when calculating the total area of the graphic.

      3.   No projecting sign shall be internally illuminated or, except as otherwise allowed as part of the sign structure under § 6-12-7(D), emit any light from any source.

      4.   A projecting sign shall include only the following as part of its graphic design:

         a.   Business name;

         b.   Business owner name;

         c.   Business logo; and

         d.   Year of establishment (e.g., "Established 1990").

      5.   No projecting sign shall include changeable copy of any kind.

      6.   Projecting signs and sign-mounting structures shall be safely and securely attached to the building face, as determined by the Village's building official.

      7.   No projecting sign shall in any way obstruct any major architectural feature of the building to which it is attached, such as a door, exit, or window. (1985 Code; amd. Ord. 22-29, 10-20-2022)

   A.   It is unlawful for any person to erect, construct, alter, maintain or relocate any sign, other than such signs as specifically listed in Section 6-12-3, within the Village, without first meeting all requirements of the Village, obtaining a permit, and paying the fees required.

   B.   Routine maintenance or changing of parts or copy designed for changes shall not be considered an alteration, provided such change does not alter the surface area, height or otherwise make the sign nonconforming. (1985 Code)

Graphics shall be restricted by zoning district as follows:

   A.   Residential Districts, R-1 Through R-4:

      1.   No graphics shall be erected except the following

         a.   Awnings and canopies.

         b.   Contractors' signs.

         c.   Development identification signs.

         d.   Flags.

         e.   Garage sale and rummage sale signs.

         f.   Holiday decorations.

         g.   Informational signs.

         h.   Institutional signs.

         i.   Memorial signs.

         j.   Nameplates.

         k.   Political campaign signs.

         l.   Public signs.

         m.   Real estate signs.

         n.   Residential development signs.

         o.   Temporary signs.

      2.   The following requirements shall also apply to graphics in all residential districts:

         a.   Signs permitted in residential use districts may be located in any required yard, but not less than eight feet (8') from any property line.

         b.   In no case shall the height of any sign in any residential district exceed five and one-half feet (51/2'), with the exception of flags, which shall not exceed a height of twenty two feet (22').

         c.   In no case shall the area of any ground sign in any residential district exceed thirty two (32) square feet.

   B.   Business Districts: No graphic shall be erected except for the following:

      1.   Accessory signs.

      2.   Awnings and canopies.

      3.   Freestanding signs, but only in B-2 and B-3 Business Districts.

      4.   Marquees.

      5.   Public information signs.

      6.   Exempted graphics under Section 6-12-3, except garage sale and rummage sale signs.

      7.   Signs permitted in residential districts, except garage sale and rummage sale signs.

      8.   Temporary signs.

      9.   Under-marquee signs.

      10.   Wall signs.

      11.   Window promotional signs.

      12.   Window signs.

   C.   Manufacturing Districts, M-1 And M-2: No graphic shall be erected except those as permitted in business districts. (1985 Code)

   A.   No signs or sign structures shall have any nails, tacks, wires or sharp metal edges protruding therefrom.

   C.   Where any single piece or pane of glass has an area exceeding three (3) square feet, it shall be wired glass.

   D.   Illumination of signs shall be in conformance with section 6-3-17 of this code. (1985 Code; amd. Ord. 22-29, 10-20-2022; Ord. 24-03, 1-18-2024)

It is unlawful to erect, construct or maintain any awning or canopy unless the following provisions are followed:

   A.   The construction materials and manner of construction of all awnings and canopies shall be subject to the approval of the enforcement official.

   B.   Location shall be subject to the following requirements:

      1.   Awnings:

         a.   All awnings shall be constructed and erected so that the lowest portion thereof shall be not less than eight feet (8') above the level of the sidewalk or parkway.

         b.   No awning shall be permitted to extend beyond a point two feet (2') inside the curbline, nor more than ten feet (10') from the building face.

         c.   No awning shall be located so as to obstruct the view of flush-mounted signage and adjacent properties.

      2.   Canopies: All canopies shall be maintained entirely upon private property.

   C.   Support shall be subject to the following requirements:

      1.   Awnings:

         a.   Every awning shall be securely attached to and supported by the building.

         b.   Posts or columns beyond the building line shall not be permitted for awnings.

         c.   It is unlawful to attach any awning to the wood jambs, frames or other wood members of a building, frame buildings excepted, when such building is less than ten feet (10') from public property.

      2.   Canopies:

         a.   The framework of all canopies shall be designed by a structural engineer or registered architect and approved by the enforcement official as in compliance with the Building Code.

         b.   All frames and supports shall be designed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area.

         c.   All canopy supports shall be designed so as not to obstruct the continuous flow of pedestrian traffic along any sidewalk.

         d.   All canopy supports shall be in conformance with any other reasonable requirements established by the enforcement official.

   D.   Advertising shall be subject to the following requirements:

      1.   The name of the owner and the business, industry, or pursuit conducted within the premises may be painted or otherwise permanently placed in letters not exceeding ten inches (10") in height on the front and side portions of any canopy or awning.

      2.   No other advertising shall be placed on any awning or canopy. (1985 Code)

It is unlawful to construct, erect or maintain any marquee without complying with the following provisions:

   A.   All marquees, including the anchors, bolts, support rods, and braces thereof, shall be designed by a structural engineer or registered architect and the design thereof shall be subject to approval by the enforcement official.

   B.   Location shall be subject to the following requirements:

      1.   No portion of a marquee shall be less than eight feet (8') above the level of the sidewalk or other public thoroughfare.

      2.   In the B-2 District, no marquee shall be permitted to extend beyond a point two feet (2') inside the curbline, nor more than ten feet (10') from the building face.

      3.   In all other business districts, no marquee nor mansard roof can project more than three feet (3') into a required yard.

   C.   The roofs of all marquees shall be used for no other purpose than to form and constitute a roof.

   D.   Advertising shall be subject to the following requirements:

      1.   The name of the owner and/or business, industry or pursuit conducted therein may be placed on the leading edge of the marquee.

      2.   Said name shall not project higher than the marquee height nor be wider than the marquee width.

      3.   No other advertising shall be placed on any marquee.

   E.   Sign area shall be subject to the following requirements:

      1.   The sign area of a marquee sign shall be reduced for each square foot or portion thereof, from the total area devoted to flush-mounted signs, as stipulated in subsection 6-12-4B of this Article.

      2.   In lieu of the flush-mounted sign allowed in subsection 6-12-4B of this Article, such sign may be mounted on the marquee, but shall not project higher than three (3) times the marquee thickness, not to exceed three feet (3'), nor higher than the roof line. (1985 Code)

   A.   Removal Of Abandoned Signs: Any on-premises sign which no longer advertises a bona fide business conducted or a product sold on the premises where said sign is located shall be removed by the owner, occupant, lessee or person having the beneficial use of the property upon which such sign may be found.

      1.   If such person fails to remove the sign, the enforcing officer shall give the owner of the premises fourteen (14) days' written notice to remove it.

      2.   Upon failure to comply with this notice, the enforcement official may remove the sign with all costs to be borne by the owner of the premises, or the occupant, lessee or person having the beneficial use of the property on which the sign is located.

      3.   The cost of removal shall constitute a lien upon said premises and may be enforceable as provided in this Article.

   B.   Removal Of Unsafe Or Unlawful Signs: Any sign or sign structure the enforcement official finds is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this Article, shall be removed or altered so as to conform to the requirements of this Article by the permittee thereof or the owner of the premises on which said sign or sign structure is located.

      1.   The enforcement official shall give written notice to the permittee thereof or to the owner of the premises as shown on the most recent tax rolls or to the person having the beneficial use of the sign.

      2.   If the permittee or owner fails to remove or alter the structure so as to comply with the standards set forth in this Article within fourteen (14) days after said notice, the sign or sign structure shall be removed or altered to comply with the standards in this Article at the expense of the permittee or owner of the property upon which it is located.

      3.   Notwithstanding any other provision of this Article, the enforcement official may cause any sign which is an immediate and imminent peril to persons or property to be removed summarily with or without notice. (1985 Code)

The provisions of this Article are in addition to the provisions of the Building Code of the Village of Hampshire, Chapter 5 of the Village Code. (1985 Code)

   A.   Generally: Graphics existing on the effective date of this Chapter, and not conforming to the provisions of this Article, but which were constructed in compliance with previous regulations and ordinances, shall be regarded as lawful nonconforming graphics.

   B.   Policy Declaration:

      1.   It is reasonable that a time limit be placed upon the continuance of existing nonconforming signs.

      2.   An amortization program permits the owner to depreciate his investment over a given time period, during which he is allowed to continue the nonconforming signs, while at the same time assuring that the district in which the nonconforming signs exist will eventually benefit from a substantial uniformity of permanent signs.

   C.   Restrictions: Lawful nonconforming graphics (signs) shall not be:

      1.   Changed to another nonconforming sign.

      2.   Structurally altered so as to prolong the life of the sign.

      3.   Expanded.

      4.   Re-established after its discontinuance for thirty (30) days.

      5.   Moved in whole or in part to another location unless said sign, and the use thereof, is made to conform to all the regulations of this Article.

      6.   Re-established after damage or destruction in an amount exceeding fifty percent (50%) of the estimated initial value of the sign, as determined by the enforcement official.

   D.   Immediate Abatement: Any nonconforming sign which is prohibited by or in violation of this Article under any of the following sections or subsections shall either be altered or removed to bring such sign into full compliance with this Article by three (3) months after adoption:

      1.   Attention-getting devices under subsection 6-12-2A of this Article.

      2.   Flashing signs under subsection 6-12-2B of this Article.

      3.   Moving signs under subsection 6-12-2C of this Article.

      4.   Portable signs under subsection 6-12-2E of this Article.

      5.   Festoon lighting under subsection 6-12-2F of this Article.

      6.   Vehicle signs under subsection 6-12-2H of this Article.

      7.   Signs which constitute a hazard to public health or safety under subsection 6-12-2I of this Article.

      8.   Signs which obstruct or detract from the effectiveness of any traffic sign under subsection 6-12-2J of this Article.

      9.   Signs made up of words or symbols which mislead or confuse traffic under subsection 6-12-2K of this Article.

      10.   Signs on public property under subsection 6-12-2N of this Article.

      11.   Signs which obstruct architectural features under subsection 6-12-6C of this Article.

      12.   Signs accessory to automobile service stations under subsection 6-12-4D1 of this Article.

      13.   Illumination intensity requirements under subsection 6-12-7D of this Article.

   E.   Abatement Within Five Years:

      1.   All other nonconforming signs shall be removed or brought into compliance with the requirements of this Article within five (5) years from the date of adoption hereof, with the following exception:

         a.   Freestanding signs in existence at the time of the adoption of this Article.

      2.   At the end of the applicable removal period, nonconforming signs shall be removed within thirty (30) days by the owner of the premises or by the person having beneficial use of the land on which the signs are located.

   F.   Exemptions:

      1.   Signs which are presently nonconforming by virtue of having an area in excess of the maximum set forth in this article, in an amount not to exceed twenty percent (20%) of the allowable sign surface area, shall be exempt from the removal provisions of this article.

      2.   Signs which are presently nonconforming by virtue of having a height in excess of their maximum set forth in this article, in an amount not to exceed five feet (5') higher than the allowable height, shall be exempt from the removal provisions of this article.

      3.   No further variation may be granted for existing signs unless a petition is made under section 6-12-14 of this article. (1985 Code)

   A.   Permit:

      1.   Generally:

         a.   It is unlawful for any person to erect, construct, alter or relocate any sign, other than such signs as specifically listed in section 6-12-3 of this article, within the village, without first obtaining a permit from the enforcement official and paying the fee required.

         b.   Routine maintenance or changing of parts designed for changes shall not be considered an alteration, provided such change does not alter the surface area, height, or otherwise make the sign nonconforming.

      2.   Application: Application for permit shall be made in the office of the building officer, and shall include the following information:

         a.   Name, address, and telephone number of the applicant, owner and occupant of the property and owner of the sign.

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

         c.   Position of sign in relation to nearby buildings, structures, property lines and rights of way.

         d.   A copy of plans and specifications showing method of construction, location and support.

         e.   Sketch showing sign faces, exposed surfaces and proposed message thereof, accurately represented in scale as to size, area, proportion and color. The proposed message requirement does not apply to those signs whose copy would change frequently.

         f.   Name of person, firm, corporation or association erecting the sign.

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

         h.   Such other information as the enforcement official shall require to show full compliance with this article and all other laws and ordinances of the village.

      3.   Issuance: It shall be the duty of the building officer, upon the filing of an application for a permit, to examine such plans and specifications and other data related to proposed erection of the sign and sign structure.

         a.   If it appears that the proposed sign and sign structure is in compliance with all the requirements of this article and all other ordinances of the village, the permit shall then be issued.

         b.   If the work authorized under the permit has not been completed within six (6) months after date of issuance, then said permit shall become null and void.

      4.   Fee:

         a.   Every applicant, before being granted a permit under this article, shall pay the requisite permit fee to the village for each sign.

         b.   The amount of such permit fee shall be determined and set by the village board of trustees from time to time. (1985 Code)

Variations shall be granted only on evidence that signage cannot be reasonably installed as provided in this article due to the unique physical characteristics of the property, its surroundings, and/or the nature of the sign itself.

   A.   Minor Variation: An application for variation of the regulations of this Article will be reviewed by the Planning and Zoning Commission within the following standards:

      1.   Area: A variation may be allowed in an amount not to exceed twenty percent (20%) of the sign surface area otherwise allowable under these regulations.

      2.   Height: A variation may be allowed in an amount not to exceed four and one-half feet (4-1/2') higher than the height otherwise allowable under these regulations.

      3.   Action by the Planning and Zoning Commission and Board of Trustees:

         a.   The Planning and Zoning Commission shall consider the application within thirty (30) days of receipt of the application.

         b.   After consideration of the application, the Planning and Zoning Commission shall forward to the Board of Trustees its recommendation in writing that the application by approved, approved with conditions, or disapproved.

         c.   The application shall then be approved, approved with conditions, or disapproved by the Board of Trustees.

         d.   If the application is approved or approved with conditions, Board of Trustees shall instruct the zoning administrator to issue a variation permit, listing any specific conditions specified by the Board. If the application is disapproved, the Board shall instruct the zoning administrator to provide the applicant with written notification of the Board's decision.

   B.   General Variation: For any sign which would be nonconforming by virtue of its location or any other characteristics, a variation may be allowed when the Planning and Zoning Commission finds that the applicant has demonstrated either: 1) that unique physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship on the owner, or 2) that no other reasonable alternatives exist which would conform to this article and in either case 3) that the public good realized would be greater than that achieved should the strict letter of the regulations otherwise be carried out.

      1.   Action by the Planning and Zoning Commission:

         a.   The Planning and Zoning Commission shall consider the application within thirty (30) days of receipt of the application.

         b.   After consideration of the application, the Planning and Zoning Commission shall make a recommendation to the board of trustees, for approval, approval with conditions, or denial of any application for variation.

      2.   Action by The Board Of Trustees: The board of trustees shall review the recommendation of the Planning and Zoning Commission, and then approve, approve with conditions, or deny such application.

   C.   Special Graphics Area: A special graphics area may be created to provide the opportunity for a creative approach to community graphics within a separately defined area or portion of the village, which community graphics may not conform to all the conditions set forth in this article. The design features, dimensions, and locations of the community graphics proposed for a special graphics area shall be specified in an application for creation of a special graphics area filed with and to be approved by the village.

      1.   Requirements:

         a.   An applicant for a special graphics area shall submit architectural plans and drawings with his application which illustrate all graphics proposed to be created in the area, and which specify the design features, dimensions and locations of all proposed graphics for the area.

         b.   Any graphics proposed for the special graphics area shall meet the requirements of section 6-12-1 of this article, even if other requirements of this article will not be met.

      2.   Action by The Planning and Zoning Commission: The Planning and Zoning Commission shall make a recommendation to the board of trustees, accompanied by written findings of fact, for approval, approval with conditions, or denial of any application for creation of a special graphics district.

      3.   Action by The Board Of Trustees: The board of trustees shall review the recommendation of the Planning and Zoning Commission, and then approve, approve with conditions, or deny any such application.

   D.   Amendment Of Special Graphics Area: The limits of any special graphics area, or the graphics proposed therein, may be modified or amended, but only after compliance with the procedures set out in subsection C of this section. (Ord. 08-27, 6-12-2008; amd. Ord. 21-15, 4-15-2021)