This section 13-1 shall be known and cited hereafter as the SIGN ORDINANCE OF THE VILLAGE OF HODGKINS. (Ord. 22-04, 4-11-2022)

   A.   Purpose: The regulation of signs by this section 13-1 is intended to promote and protect public health, safety, and welfare by:

      1.   Reducing the depreciation of property values caused by signs which are incompatible with surrounding land uses;

      2.   Creating a viable economic and business climate within the commercial and industrial areas of the Village;

      3.   Enhancing and protecting the physical appearance of all areas of the Village; and

      4.   Reducing the distraction, obstructions, and hazards to pedestrians and auto traffic caused by the indiscriminate placement and use of signs.

   B.   Scope: This section 13-3 covers the location, construction, use, and maintenance requirements for signs, as defined in section 13-4 of this Title, and related structures.

   C.   Limitations:

      1.   The requirements in this Chapter do not apply to the following areas, subdivisions, occupancies, addresses, or developments:

         a.   To the east: Area bounded by the west side of East Avenue;

         b.   To the south: Area bounded by the north side of 63rd Street;

         c.   To the west: Area bounded by LaGrange Road;

         d.   To the north: Area bounded by Joliet Road; and

         e.   6701 LaGrange Road;

      2.   With the following exceptions:

         a.   Advertising for off-site businesses or functions is not allowed; and

         b.   No signs are allowed in the Right of Way. (Ord. 22-04, 4-11-2022)

As used in this Chapter unless the context otherwise indicates:

 

The following signs shall be prohibited:

   A.   Animated signs;

   B.   Changing signs (automatic and EVM):

   C.   Chasing Feather signs.

   D.   Festoon lighting.

   E.    Flashing signs.

   F.   Handbills.

   G.   Obsolete signs.

   H.   Off premises signs, except billboards where permitted;

   I.   Portable signs;

   J.   Roof signs.

   K.   Searchlights.

   L.   Signs in conflict with traffic signals;

   M.   Signs painted on the walls or windows of any building; and,

   N.   Temporary signs painted upon wood or other materials and hung on a wall or fence. (Ord. 22-04, 4-11-2022)

The following signs are exempt from the provisions of this section 10-3, except for such instances when any sign listed herein is found to be unsafe or unlawful, as provided herein:

   A.   Memorial Signs: Memorial plaques or tablets, grave markers, statuary, or other remembrances of person or events that are noncommercial in nature.

   B.   Public Signs: Traffic and other signs erected and maintained by the Village or other governmental agency, legal notices, and all other similar signs required by law to be posted.

   C.   Holiday Decorations: Temporary decorations displayed in connection with traditionally accepted patriotic or religious holidays.

   D.   Flags: Flags, emblems, and insignia of political, religious, or educational organizations displayed for noncommercial purposes.

   E.   Directional Signs: Small non illuminated signs not exceeding two (2) square feet in gross surface area, displayed strictly for the direction, safety, or convenience of the public, including signs which identify rest rooms, freight entrances, telephones, and the like.

   F.   Works of Art: Works of fine art, when not displayed in conjunction with a commercial enterprise, which enterprise may benefit direct commercial gain from such display.

   G.   Vending Machines: Permanent, nonflashing signs on vending machines, gas pumps, or ice containers indicating only the contents of such devices and limited in size to three (3) square feet.

   H.   Occupant Signs: Signs limited in content to the name of the occupant and the address of the premises and are further limited to:

      1.   Wall and ground signs.

      2.   No more than two (2) per street frontage.

      3.   No more than three (3) square feet in gross surface area per sign.

      4.   No more than fifteen feet (15') in height.

      5.   Signs, which may be illuminated but shall not be flashing or moving signs.

   I.   Any signs, which conforms with the following descriptions, shall be exempt from the requirements of this Chapter.

      1.   A sign not visible beyond the boundaries of the lot or parcel upon which it is situated or from any public thoroughfare or right of way.

      2.   An official sign of any public or governmental agency.

      3.   Any sign of any official court or public notices thereof, or any flag, emblem, or insignia of a government, school, or religious group.

      4.   Any sign which is located completely within an enclosed building and which sign is not visible from the outside of the building.

      5.   Any tablet, grave marker, headstone, statuary/memorial plaque, or remembrance of persons or events which is noncommercial in nature.

      6.   Any official traffic sign authorized by the Illinois Compiled Statutes or the Illinois Vehicle Code.

      7.   Any temporary sign celebrating the occasion of a traditionally accepted patriotic holiday as well as a national and state holiday.

      8.   Any sign of a noncommercial nature and in the public interest, erected by or on the order of a Public Officer.

      9.   Any sign on a truck, bus, trailer, or other vehicle used in the normal course of a business which is not primarily the display of such signs.

      10.   Changing of the copy of a sign, bulletin board, display encasement or marquee, or maintenance where no structural change is made, or changing of letters on a sign designed for use of interchangeable letters.

      11.   Any private (noncommercial) nameplate identification sign or street address identification sign when the sign does not exceed one square foot in area.

      12.   Any tablet, such as a memorial, cornerstone, name of a building, date of erection, when built into a wall of the building or affixed thereto.

      13.   Any temporary sign for an event of a general Village wide civic or a public benefit as may be authorized by the Village Board, which sign shall be removed within twenty four (24) hours after the expiration of such event.

      14.   Any no trespassing sign, warning sign (e.g., "Beware of Dog"), and other such sign regulating the use of the property when such sign does not exceed two (2) square feet in area.

   J.   Except for wall signs and ground signs, all signs listed as exempted in the International Building Code shall be exempted under this Chapter.

   K.   Highway directional signs and markers, which shall be made and installed in accordance with the specifications of the Village or the Illinois Department of Transportation announcing or directing traffic to given locations.

   L.   Traffic or directional signs designating entrances, exits, and conditions of use of parking facilities accessory to the main use of the premises may be maintained provided they are located within the property lines of the premises. (Ord. 22-04, 4-11-2022)

   A.   Permit Required; Expiration: Except as otherwise provided herein, no sign shall be located, constructed, erected, structurally altered, relocated, or enlarged without the owner thereof first having obtained a sign permit. All required sign permits shall be issued by the Building Official.

No permanent sign exceeding two (2) square feet in area shall hereafter be erected, constructed, or maintained within the Village except as provided in these regulations and until a permit for the same has been issued by the Building Department.

Sign permits shall be valid for a period of ninety (90) days from the date of issuance. In the event that the work authorized under the permit has not been completed within said ninety (90) day period, the permit shall become null and void, and the applicant thereon shall be required to apply for an additional permit.

   B.   Application For Permit: Application shall be made upon forms provided by the Village and shall include the following information:

      1.   Name, address, telephone number, and signature of the applicant and, if the applicant is someone other than the owner of the property upon which the sign is constructed or to be constructed, the name, address, telephone number, and signature of the owner of said property. The application shall further identify the owner of the sign and the name of the person erecting, constructing, altering, or relocating the sign.

      2.   The location by street number and any common name applied to any building, structure, or premises to or upon which the sign is to be attached or erected.

      3.   The position of the sign in relation to nearby buildings, structures, or premises to or upon which the sign is to be attached or secured, together with a landscape plan, if required, the location shall be indicated on an Official Plat of Survey.

      4.   Such number of copies of the plans and specifications, description of the method of construction, location, and support, sealed by a registered architect, structural engineer, or professional engineer or prepared by a sign manufacturer, including such measurement of dimensions as the Building Official may reasonably request.

      5.   Sketch showing sign faces, exposed surfaces, and proposed message thereof, accurately represented in the scale as to size, proportion, and color.

      6.   The Zoning classification of the property on which the sign will be erected.

      7.   Such other information as the Building Official may reasonably require.

      8.   The terms, conditions, and requirements of the International Building Code, as adopted by the Village from time to time, shall apply to the construction, repair, and alteration of signs and other related structures defined herein. A copy of said International Building Code is filed in the Village Clerk's office.

      9.   Each application shall be accompanied by the payment of a signed construction permit fee of one dollar twenty five cents ($1.25) per square foot of each side where advertising appears.

      10.   Issuance or Denial of Permit: The Building Official shall examine all plans and specifications, the premises upon which a sign is to be erected, constructed, altered, or relocated, the sign or other advertising structure, and other relevant data or material. Should the Building Official conclude that the proposed sign is in compliance with all requirements of this code, a permit shall be issued. If the Building Official determines that the proposed sign is not in compliance with all requirements of this code, the permit shall be denied the application and give written notice thereof to the applicant, together with a brief statement of the reasons for the denial.

   C.   Suspension or Revocation of Permit: The Building Official may, in writing, suspend or revoke any permit issued under provisions of this section if he shall determine that the holder thereof failed to comply with any provisions of this section. All construction shall cease, and the work done will be removed or changed to comply with all provisions of this code and the plans and specifications therefore approved by the Building Official.

   D.   Examination And Issuance Of Permit: Upon the filing of an application for a sign permit, it shall be the duty of the Building Official to examine such application and other required data, and if it shall appear that the proposed sign structure is in compliance with all applicable regulations, the Building Official shall approve and recommend the issuance of the permit. If the work authorized under the permit has not been completed within six (6) months after the date of issuance, the permit shall become null and void.

   E.   Inspections:

      1.   The Village shall be permitted to make inspections at any time when it reasonably believes that any sign may pose a threat or danger to public safety.

   F.   Special Event Permit: It is recognized that special or extraordinary circumstances or events, such as grand openings, may warrant the temporary setting aside of the requirement of strict compliance with the existing sign regulations. To accommodate such circumstances, a temporary "special event" permit is created and may be issued subject to the following:

      1.   Upon receipt of an appropriate application, the Building Official is authorized to recommend that the Clerk issue a temporary special event permit, which will permit the use of such things as streamers, pennants, banners, searchlights, and outdoor displays and sales, otherwise prohibited.

      2.   Those things otherwise prohibited but permitted by any such permit will be limited to those which are specifically stated in the issued permit.

      3.   The Building Official will be the sole judge of whether any applicant qualifies for such permit.

      4.   No special event permit shall be valid for a period in excess of forty (40) days.

      5.   Applications for such permits, and all other requirements in connection therewith, shall be as provided in this section for all other permits.

      6.   No applicant (separate applicants on behalf of the same business or premises shall be considered the same applicant) shall receive more than nine (9) special event permits within any calendar year. No special event permit shall exceed forty (40) days, and no more than one special event permit shall be issued to any applicant within any fifty (50) day period.

   G.   Fees; New Signs: Every applicant, before being granted a permit to erect a new sign, shall pay to the Village Clerk the following permit fee for each such sign, or in the case of a special event permit, a forty (40) day fee covering everything allowed thereby, unless otherwise exempted under the provisions of subsection D of this section, according to the following schedule:

      1.   Non illuminated sign: Fifty dollars ($50.00) per sign.

      2.   Marquee, fixed canopies, and fixed awnings: Fifty dollars ($50.00) per marquee, canopy, or awning.

      3.   Illuminated signs and street clocks: One hundred fifty dollars ($150.00) per sign.

      4.   Retractable canopies and awnings: Fifty dollars ($50.00) per retractable canopy or awning.

      5.   Special event: For applicants that have a valid Village of Hodgkins Business License, a special event sign permit shall be issued without charge when the applicant has obtained a permit for the event itself. For applicants that have a valid Hodgkins Business License but are not obtaining a permit to host an event of any kind, the first four (4) special event sign permits shall be issued without charge, and thereafter each special event sign permit shall be fifty dollars ($50.00). For applicants without a valid Village of Hodgkins Business License, each special event sign permit shall be fifty dollars ($50.00) and shall be in addition to any permits and fees required for the event itself.

      6.   Daily promotional signs: A sign six (6) square feet or less is fifty dollars ($50.00) per quarter, and thirty two (32) square feet or less is one hundred twenty five dollars ($125.00) per quarter.

      7.   Freestanding sign: Two hundred dollars ($200.00) per sign.

   H.   Exceptions: Unless otherwise specified in this Chapter, no permit shall be required for the construction, erection, or maintenance of the following sign, provided such signs fully comply with the regulations of the Village Sign, Building, and Zoning Ordinances.

      1.   Direction or information signs of a public or quasi public nature, not exceeding six (6) square feet in area, may be permitted in any district without a permit except as hereinafter provided. Such signs may be illuminated, but any illumination thereof shall be nonflashing, uncolored, diffused, and confined to the face of the sign; or they may be of the beaded reflector type. No advertising matter whatsoever shall be contained in signs of this type, which signs may be used for the purpose of stating:

         a.   Signs of a permanent nature which indicate the name or location of a town, Village, hospital, community center, private school, college, YMCA, and official or civic body such as a Chamber of Commerce, Rotary, Kiwanis, or Lions Club.

         b.   Temporary signs indicating an event of public interest, such as a local or general election, church or public meeting, and other similar community affairs, may be erected on a thirty (30) day nonrefundable permit on approval of the Building Official.

      2.   Real estate, for sale or for rent signs when not exceeding four (4) square feet in area.

      3.   Vertical pole banner signs.

      4.   The exceptions permitted above shall apply only to the requirements for a permit and shall not be constructed as relieving the owner of the sign from responsibility for its erection and maintenance in a good and safe condition and in compliance with the regulations of this Chapter.

   I.   Revocation of Permits: The Building Official is hereby authorized and empowered to revoke any permit issued hereunder upon failure of the holder thereof to comply with any provision of this Chapter within ten (10) days after receiving written notice of such violation from the Building Official or other authorized Village Official or employee. (Ord. 22-04, 4-11-2022)

The following provisions are applicable to all signs subject to the provisions of this section:

   A.   Signs Painted On Walls, Fences, And Roofs: No sign shall be painted on masonry or frame walls, roofs, or fences, and all existing signs painted on walls, fences, or roofs shall be removed within seven (7) years from the effective date hereof.

   B.   Roof Signs: Signs shall not be erected on the roof of any building or structure.

   C.   Signs over Public Ways: No sign, streamer, banner, flag, pennant, or other advertising structure shall encroach upon, over, or across any public street, alley, sidewalk, parkway, or park except a temporary sign, as provided in this section.

   D.   Obstructions: No sign shall block any required access way, exit discharge, or window or line of site to the public street or sidewalk.

   E.   Signs on Trees: No sign shall be attached to a tree.

   F.   Signs on Vacant Property: No sign other than an authorized temporary sign may be erected on vacant property.

   G.   Signs on Awnings, Marquees, and Canopies: Signs on awnings, marquees, and canopies shall be considered to be wall signs under the terms of this section and subject to regulations; therefore, where applicable.

   H.   Sign Not To Constitute Traffic Hazard: No sign or related structure as regulated by this Chapter shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of lights or any word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.

   I.   Lighting near Residence District Regulated: No business or outdoor advertising sign may be located within seventy five feet (75') of a Residence District line. The illumination of any sign located within one hundred feet (100') of a Residence District line shall be diffused or indirect, nonflashing, and designed so as not to reflect direct rays of light into adjacent residences.

   J.   Off Site Advertising: No person may maintain any advertising sign, other than a billboard, which does not direct attention to or advertise a use, business, commodity, service, or activity conducted, sold, or offered upon the premises on which the sign is located.

   K.   Protection And Clearance Over Public Property: Signs, awnings, and marquees may extend beyond the building line but not over a public way and shall not be constructed closer to the property line than two feet (2') back of a vertical line at the property line, and shall have a clearance of not less than ten feet (10') above finished grade. Signs located within three feet (3') of an alley, driveway, or parking area shall have a clearance of fourteen feet (14') above finished grade.

   L.   Exposed Lighting Source Limitation: The exposed lighting source of an illuminated sign shall be shaded, shielded, or directed in such a manner that the light intensity or brightness will not be objectionable to the surrounding areas. No exposed reflecting type bulb or incandescent lamp which exceeds fifteen (15) watts shall be used in any sign.

   M.   Brightness Limitation: Sign brightness shall be no greater than the recommended values for "luminous background sign luminance's" specified in the latest edition of "Illuminating Engineering Society Of North America."

   N.   Illumination Limitations: Illuminated signs shall produce no more than a one half (1/2) foot candle of illumination in an adjoining Residential District or three (3) foot-candles' illumination in an adjoining Commercial District. The maximum permitted illumination levels shall be measured perpendicularly to the sign at the property line at ground level.

   O.   Blinking and Flashing Lights Limitations: No illuminated sign shall contain blinking, flashing, or flurry lights or other illuminating devices which have a changing light intensity, brightness, or color. (Ord. 22-04, 4-11-2022)

All signs shall be constructed, maintained, and altered as follows:

   A.   Compliance with Building Code: All signs shall be constructed of approved materials and maintained, repaired, and altered in compliance with the requirements of the Building Code of the Village.

   B.   Compliance with Electrical Code: All signs employing or containing any electrical wiring and/or connections shall comply with the Electrical Code of the Village.

   C.   Metal Signs: The face and background of all metal signs shall be constructed of metal not thinner than no. 28 B&S gauge. A metal faced sign may utilize a wood frame and may contain letters, figures, characters, borders, or moldings made of wood. Any wooden border shall not exceed three inches (3") in width.

   D.   Maintenance of Signs: Owners shall paint and maintain all parts and supports of each sign owned by them, as necessary to prevent rusting, rotting or deterioration, or the endangering of public health or safety.

   E.   Wind Pressure and Dead Load Requirements: Every sign shall be designed and constructed to withstand a wind pressure of thirty (30) pounds per square foot and to receive dead loads as required by the Building Code or other applicable ordinances or regulations.

   F.   Glass Requirements: Glass forming any part of a sign shall be heavy safety glass having a minimum thickness of one fourth inch (1/4"). Any single piece or pane of glass exceeding three (3) square feet in area shall be wired glass or plexiglass.

   G.   Alterations: No sign or other advertising structure shall be altered, rebuilt, enlarged, extended, or relocated except in conformance with the provisions of this section. The repainting, changing of parts, and preventive maintenance of signs shall not be deemed to be alterations. (Ord. 22-04, 4-11-2022)

Signs shall be located on the same premises as the principal use served and in yards or attached to buildings as follows:

   A.   Residential Districts: Permitted signs may be located anywhere on the property but not closer than three feet (3') to any lot line.

   B.   Nonresidential Districts: No sign shall project into the public right of way, nor shall a sign attached to a building extend more than twelve inches (12") from the face of the building.

   C.   Height: No building sign shall extend above the top line of the face of the building and, in no case, exceed a height of twenty feet (20') above average surrounding grade. (Ord. 22-04, 4-11-2022)

   A.   All Residential Districts; Nonflashing, Non illuminated Accessory Signs:

      1.   Nameplates and identification signs, subject to the following:

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

         b.   For multiple-family dwellings, for apartment hotels, and for buildings other than dwellings, a single identification sign not exceeding twelve (12) square feet in area and indicating only the name and address of the building and the name of the management thereof may be displayed.

         c.   No sign shall project higher than one story or fifteen feet (15') above curb level, whichever is lower.

      2.   For sale and to rent signs, subject to the following:

         a.   There shall be not more than one such sign per lot, except that on a corner lot, two (2) signs, one (1) facing each street, shall be permitted. No sign shall exceed eight (8) square feet in area nor be closer than eight feet (8') to any other Zoning lot.

         b.   No sign shall project higher than one story or fifteen feet (15') above curb level, whichever is lower.

      3.   Signs accessory to parking areas, subject to the following:

         a.   Signs designating entrances or exits to or from a parking area and limited to one sign for each such exit or entrance and to a maximum size of three (3) square feet each shall be permitted. One sign per parking area designating the conditions of use or identity of such parking area and limited to a maximum size of eight (8) square feet shall be permitted, provided that on a corner lot, two (2) such signs, one facing each street, shall be permitted.

         b.   No sign shall project higher than seven feet (7') above curb level.

      4.   Church bulletins, subject to the following:

         a.   There shall be not more than one sign per lot, except that on a corner lot, two (2) signs, one facing each street, shall be permitted. No sign shall exceed eighteen (18) square feet in area nor be closer than eight feet (8') to any other Zoning lot.

         b.   No sign shall project beyond the property line into the public way.

         c.   No sign shall project higher than one story or fifteen feet (15') above curb level, whichever is lower.

   B.   All Nonresidential Districts: Every business, as defined herein, shall be permitted to erect signs indicating only the business name and address and the major enterprise or the principal product offered for sale on the premises. The following standards shall apply:

      1.   a.   Wall signs shall be permitted. A wall sign containing a sign surface area not to exceed two hundred fifty (250) square feet shall be permitted for any one premises housing a single nonresidential entity. Should any one premises house more than a single nonresidential entity, a wall sign shall be permitted for each entity based upon the following: Each such entity will be permitted two and one half (2-1/2) square feet of sign surface area for each front foot the entity occupies in the building or structure at the premises up to a maximum of two hundred fifty (250) square feet.

         b.   Opaque metal sides and backs with external surfaces shall be primed and painted. Faces will be flat (not formed) virgin acrylic. Faces are to be internally lighted using neon with number of tubes to ensure even illumination, showing neither dark nor hot spots. All letters are to be internally lighted with neon and have no exposed neon. Transformers are to be concealed in each letter or concealed behind the sign band wall above the ceiling in the tenant space.

         c.   Face retainers shall be metal or plastic, such as "trim cap," and encompass the entire perimeter of each letter. No tab mounted letter faces will be permitted.

      2.   Building or window identification signs shall be permitted. A building or window identification sign containing a sign surface area of not to exceed thirty percent (30%) shall be permitted.

      3.   Ground signs shall be permitted. A ground sign containing a sign surface not to exceed two hundred (200) square feet shall be permitted.

      4.   A shopping center containing two (2) or more businesses may elect to construct or erect two (2) freestanding or ground signs identifying said shopping center, subject to the following criteria:

         a.   No other freestanding or ground sign shall be constructed or erected within the area compromising the shopping center except for shopping center "outparcels," which shall each be allowed two (2) ground signs and two (2) wall signs as provided herein. Said "outparcel" ground signs shall be mounted on a masonry base with no exposed pole structure and shall not exceed eight feet (8') in height nor one hundred (100) square feet in surface area.

         b.   The freestanding or ground sign shall not contain any advertisement other than the identity of the shopping center and the businesses located therein.

         c.   The total sign surface area of such shopping center freestanding or ground sign shall not exceed two hundred (200) square feet in sign surface area.

      5.   In addition to the signage permitted herein, establishments whose principal business is the sale of gasoline and the repair of motor vehicles shall be permitted the following accessory signs:

         a.   Signs, as required by law, indicating the price of gasoline available on the premises, limited so as not to exceed the maximum of sixty (60) square feet for any one premise.

         b.   Racks for the orderly display of cans of engine oil located on or at the ends of pump islands. A maximum of six (6) of such racks shall be permitted for any premises.

         c.   Racks for the orderly display of tires, not more than eight feet (8') in length, six feet (6') in height, and five feet (5') in depth. A maximum of two (2) such racks shall be permitted for any premises.

      6.   Building signs shall be no higher than the height of the building and no lower than five feet (5') above average surrounding grade; provided, however, that no such sign shall be lower than ten feet (10') above the average surrounding grade when located above any entrance, sidewalk, walkway, or other area available for pedestrian traffic. No freestanding or ground sign shall be constructed or erected to a height greater than twenty feet (20') above the average surrounding grade.

      7.   The sign surface area provisions set forth herein above are applicable only where only one sign is constructed or erected upon any one premises. If more than one sign is constructed or erected upon any one premises, the total permissible sign surface area for each type of sign erected or constructed on any premises shall be reduced by twenty five percent (25%) for each such sign erected in excess of one. The construction or erection of a shopping center freestanding or ground sign as permitted in subsection B4 of this section shall not be considered in applying the sign surface area reduction requirements set forth herein above. (Ord. 22-04, 4-11-2022)

   A.   Signs in direct line of vision of motorists approaching any traffic signal shall not have red, green, or amber illumination.

   B.   Neither the direct nor reflected light from primary light sources shall create traffic hazards for or confuse operators of motor vehicles on public thoroughfares.

   C.   No sign shall have blinking, flashing, or fluttering lights or other illuminating devices which have a changing light intensity, brightness, or color. Beacon lights are not permitted.

   D.   No exposed reflective type bulb or incandescent lamp which exceeds fifteen (15) watts shall be used on the exterior surface of a sign so as to expose the face of the bulb, light, or lamp to any public street or adjacent property.

   E.   All sources of light, whether by direct exposure, surface reflections, or transmissions, having an intrinsic brightness greater than thirty (30) foot lamberts shall be shielded so that the source of light cannot be seen at any point within a Residence District.

   F.   Any luminous source of light, whether direct exposure, surface reflection, or transmission, whose total area is larger than one square foot and which can be seen from any point within a Residence District, shall exceed a brightness value of one hundred fifty (150) foot lamberts.

   G.   No source of light shall be permitted to cause illumination in excess of one half (1/2) foot candle in a Residence District.

   H.   The light from any illuminated sign shall be so shaded, shielded, or directed that the light intensity or brightness will not be objectionable to surrounding areas. (Ord. 22-04, 4-11-2022)

If it is found that any sign regulated herein 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 or any applicable Village Code, Ordinance, or regulation, written notice to shall be given the permittee thereof. If the permittee fails to remove or alter the structure so as to comply with the required standards within ten (10) days after receipt of such notice, such sign may be removed or altered to comply by the Village at the expense of the permittee or owner of the property upon which it is located. No further permits shall be issued to any permittee or owner who refuses to pay costs so assessed.

The Village may cause any sign, which is an immediate peril to persons or property, to be removed summarily and without notice. (Ord. 22-04, 4-11-2022)

Any sign now or hereafter existing intended to advertise a use, business, commodity, service, or activity conducted, sold, or offered at the premises upon which the sign is located but which no longer advertises that use, business, commodity, service, or activity, shall be taken down and removed by the owner, agent, or person having the beneficial use of the land, building or structure upon which such sign may be found within ten (10) days after written notification from the Village to do so, and, upon failure to comply with such notice within the time specified in such notice, the Village may cause removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure upon which such sign is located. (Ord. 22-04, 4-11-2022)

   A.   Enforcement: It shall be the duty of the Building Official to administer and enforce the provisions of this Chapter, the same to be done in conjunction with other applicable codes and ordinances of the Village. In case of a conflict between any of the provisions of this Chapter and those of another code or ordinance, in a given instance, the more restrictive of the two (2) shall govern.

   B.   Variations:

      1.   Application for Variation: Applications for variations may be filed by any person having a proprietary interest in property. Such applications for variation shall be filed with the Clerk of the Village, who shall forward a copy of same to the Zoning Board of Appeals without delay. The application shall be in such numbers of copies, be in such form, and contain such information as the Village may prescribe from time to time, but shall in all instances contain the following:

         a.   The name and address of the applicant and the owner of the property in question;

         b.   Street address of the property in question;

         c.   A concise written statement explaining the nature of the variation being sought, or the sections of this Chapter from which the variation is being sought, and the extent of the sign's compliance with the standards set forth; and

         d.   Photographs and/or scale drawings as may be appropriate to explain the nature of the sign or to explain the need for the variation.

      2.   The Hearing: The Zoning Board of Appeals of the Village shall hold a public hearing thereon pursuant to the rules for public hearings applicable to all other hearings before said Board. Following the hearing, the Zoning Board of Appeals shall transmit to the Village President and Village Board a written report giving its findings as to the proposed variation and giving its recommendations for action to be taken by the Village President and Village Board.

      3.   Standards: With respect to existing signs, a variation from existing regulations shall not be granted unless evidence is presented that:

         a.   Because of the age, cost, or unique characteristics of the sign(s) in question, the strict enforcement of such regulations would impose an undue hardship on the applicant;

         b.   The proposed variation would not merely serve as a convenience to the applicant but would alleviate some demonstrable hardship not generally applicable to other properties;

         c.   The waiver of any of the provisions of this Chapter, or any other applicable regulation, would not have a detrimental effect on any other nearby property;

         d.   The proposed variation is in harmony with the spirit and intent of this Chapter.

      4.   With respect to the erection of new signs, a variation from existing regulations shall not be granted unless evidence is presented that:

         a.   The proposed variation will not be materially detrimental to other nearby property;

         b.   That notwithstanding the benefits, the property in question will suffer some demonstrable and irreversible hardship if made to conform to the strict letter of applicable regulations;

         c.   The alleged hardship has not been created by anyone presently having a proprietary interest in the property; and

         d.   The proposed variation is in harmony with the spirit and intent of this Chapter. (Ord. 22-04, 4-11-2022)

   A.   All signs legally in existence on the date of the adoption of this Chapter, and not specifically prohibited in Section 10-13-5 hereof, which are not in compliance with this Chapter or any other applicable code, ordinance or regulation, or any amendment thereto governing the use of signs shall be termed legal nonconforming signs and may be continued only as provided in this Chapter.

   B.   Whenever a legal nonconforming use of a sign has been discontinued for a period of six (6) consecutive months, or whenever there is evidently a clear intent on the part of the owner to abandon a legal nonconforming sign use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the sign thereafter shall be in conformity with the all applicable regulations.

   C.   Normal maintenance of a legal nonconforming sign is permitted, including necessary nonstructural repairs and incidental alterations, which do not extend or intensify the legal nonconforming use.

   D.   No structural alteration, enlargement, or extension shall be made for a legal nonconforming sign, except in the following situations:

      1.   When the alteration is required by law;

      2.   When the alteration will actually result in the elimination of the nonconforming use.

   E.   If a legal nonconforming sign is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at that time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this Code. In the event the damage or destruction is less than fifty percent (50%) of its replacement value, based upon prevailing costs, the sign may then be restored to its original condition and use until the legal nonconforming sign use is otherwise abated by the provisions of this code. In either event, restoration or repair of the sign must be started within a period of six (6) months from the date of damage or destruction and diligently pursued to completion. In every case, the reconstructed sign shall conform to the Building and Electrical Codes in force at the time of its reconstruction.

   F.   Notwithstanding any other provision of this Chapter, all legal nonconforming signs shall be brought into compliance:

      1.   Immediately upon their becoming an obsolete sign as defined in this Chapter; or,

      2.   Immediately upon discontinuation when the nature of the business using and/or advertising upon any such sign is changed.

   G.   No conforming sign shall be erected on the same Zoning lot with an existing legal nonconforming sign until the legal nonconforming sign has been removed or made to conform. However, in commercial centers, the fact that one particular business or activity has a legal nonconforming sign will not prohibit another business or activity within the same center from erecting a conforming sign. (Ord. 22-04, 4-11-2022)