Any territory annexed to the Village of Hoffman Estates shall be automatically classified as R-3 Residential District until otherwise reclassified by amendment: except that if pursuant to 65 ILCS 5/11-15.1-1 et seq., an annexation agreement is entered into and executed which, among other things, provides that territory shall be annexed to Hoffman Estates and that such territory shall upon annexation without further procedure be classified under this Chapter as a District of a class specified in said annexation agreement, such territory shall upon annexation to Hoffman Estates be so classified under this Code without further procedure; provided, however, that before the corporate authorities of Hoffman Estates adopt a resolution or ordinance directing the execution of any such annexation agreement, the Planning and Zoning Commission shall hold a public hearing on such classification of such territory, and within 30 days after such hearing shall make such recommendation to the Village Board as the occasion may require in the manner prescribed for proposed amendments to the Code.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Requirements for off-street parking and off-street loading facilities shall be reviewed in the following cases:

1.

When any building or structure is hereafter erected or any use of land hereafter established; or

2.

When the intensity of use of any building or structure, or premises, is increased; or

3.

When any existing use of a building or structure is changed or converted to a new one.

The Village Board shall prescribe the off-street parking and off-street loading facilities, if any, deemed adequate and proper in such case, and such facilities shall be provided. The Village Board may require and receive of the Planning and Zoning Commission its recommendations in this regard.

B.

Upon a review under Section 9-3-2-A-1, one-family detached, two-family attached and one-family attached dwellings shall be subject to the following off-street parking requirements:

1.

Garage parking to accommodate no less than two automobiles and have no more than three garage doors to accommodate three vehicles.

2.

All garages built prior to June 1, 2000, which do not conform to Sections 9-3-2-B-1 and 9-3-6-K-1 shall be exempt from this provision providing that:

a.

The existing garage, carport, driveway parking area, and number of parking spaces are not reduced.

b.

The construction of a new garage shall conform to the Zoning Code.

c.

Any building additions to the principal structure shall not preclude meeting the requirements of Section 9-3-2-B-1 and 9-3-6-K-1.

d.

Any additions or alterations to an existing garage shall conform to the minimum off-street parking requirements.

3.

Other requirements of Section 9-3-6 (Accessory Buildings).

C.

The following driveway requirements shall apply for all one-family detached, two-family attached, or one-family attached dwellings unless otherwise indicated:

1.

A driveway shall be permitted in a side yard.

2.

A driveway in a front yard shall be permitted provided the driveway leads to an approved parking structure. This shall not prohibit a driveway in a front yard from being expanded or enlarged toward the side lot line closest to the driveway.

3.

Driveways shall not exceed 30 feet in width.

4.

Driveways that lead to another driveway shall not be permitted, including driveways where two curb cuts create a circular driveway. One exception shall be permitted as follows:

a.

Existing circular driveways shall be permitted on a corner lot where the house is aligned at or near a 45 degree angle to the street intersection, and where the curb cuts are on separate streets. This exception applies only to driveways existing prior to January 1, 2000, and shall not be permitted for driveways after that date.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11; Ord. No. 4269-2011, § 1, 9-19-11)

A.

Required Fences.

1.

Manufacturing, Business, Office and RPD Commercial Districts and R-9, F-1 and F-2 Commercial Subzones—A minimum seven-foot high 100 percent enclosed fence, or other means as approved by the Village Board, shall be erected along the lot line of areas zoned manufacturing, business or office where such lot lines abut residential or apartment zoned property.

2.

Apartment Districts—A minimum seven-foot high 100 percent enclosed fence shall be erected along the lot lines of areas zoned for townhouses and apartments where such lot lines abut one-family detached and two-family attached residential districts. The owner or developer of such property shall be responsible for the erection and maintenance of the required fence.

3.

Swimming Pools and Spas—Fences shall be required around swimming pools and spas as defined in the Hoffman Estates Municipal Code.

B.

Prohibited Fences. The following fences, shrubs and hedges are hereby prohibited:

1.

Barbed wire and electrically charged wire, except that barbed wire may be used on top of permitted fences in Manufacturing Districts and within the Agricultural District except where adjacent to developed residential, apartment, office, business or manufacturing districts.

2.

Snow fences, except for exclusive control of snow between November 1 and March 31 provided that snow fences shall be installed only on that portion of a lot which faces or abuts a road, street or highway.

3.

Chain link fences with barbed ends up.

4.

No fence, shrubbery or hedging shall be permitted on any portion of any public right-of-way, nor shall same be placed or maintained so as to obstruct a clear view of private driveways, sidewalks or pedestrian walks. No fence, shrubbery, hedging or planting which interferes with clear vision shall be permitted within the traffic sight line area.

C.

Regulations of Permitted Fences.

1.

No fence shall be erected in excess of six feet above ground level or grade level, except as outlined in Section 9-3-3-A-1 and 2, and that fences eight feet above ground or grade level may be erected for commercial uses in areas zoned for manufacturing, business, and office provided that the height limitations contained herein shall not apply to shrubs or hedges on interior or rear lot lines.

2.

Fences may be located in required rear or side yards adjacent to a street provided:

a.

That fences be located not less than one (1) foot from corner side lot line.

b.

Fences on lots where the rear yard is adjacent to a driveway located on the adjoining property may install a fence provided the fence shall be located a minimum of five (5) feet from the corner side lot line, and shall not encroach into the sight triangle on either side of a driveway, each leg of which is a distance of fifteen (15) feet, the triangle is measured from the side of a driveway and from the front lot line, as illustrated below.

3.

No fence shall be constructed or installed in any front yard closer to any street or roadway than the front building line, except that a fence may be installed to the property line along the rear lot line on lots adjoining a street or roadway.

4.

Park Districts and School Districts shall be exempt from the height limitations of this Code.

5.

Patio privacy fences shall be permitted within the building lines and shall not exceed six (6) feet in height and forty (40) lineal feet in length.

6.

If an original approved grading plan is so altered to require a permanent retaining wall, the height of fences constructed upon or within five (5) feet of the retaining wall shall be measured from the bottom of said wall.

7.

A dog enclosure or run shall be permitted only within rear yards and shall be constructed so as not to exceed six (6) feet in height.

8.

Fences around all bona fide, regulation size tennis courts shall be exempt from the height limitations of this Code.

9.

Decorative fences shall be permitted at lot corners in the front yard as long as they do not exceed a total of eight (8) feet in length and four (4) feet in height and are over 80 percent permeable to both light and air when viewed perpendicular to the plane of the fence.

10.

Fences erected in all districts shall be erected so that the posts and all other supporting members face toward the owner's property. The rough, unfinished side of a fence shall face the owner's property.

11.

Slats of any kind shall not be permitted in or upon chain link fences.

12.

Within all zoning districts, excluding one-family detached and two-family residential districts, enclosure fences to screen service and utility areas (such as HVAC, mechanical equipment, utility services, storage yards, data centers, manufacturing uses, or satellite antennas) and/or to provide security shall not exceed eight feet in height unless a higher fence to provide adequate screening and security is specifically approved by the Village Board as part of the development review process outlined in the Subdivision Code.

D.

Decorative Structures. Decorative structures shall be permitted in front yards.

E.

Nonconforming Fences. All fences heretofore lawfully constructed and not conforming to the provisions hereof are declared nonconforming uses and may be permitted to exist, but shall not be reconstructed or altered and, if rebuilt, must conform to existing Codes.

F.

Applicability of Building Code. All provisions of the Building Codes of the Village of Hoffman Estates are to be followed as they pertain to fences.

G.

Permit Required. A permit is required for the construction, installation or erection of all fences, except those permitted in Sub-section 9-3-3-C-3 and 4 and is to be secured from the Department of Code Enforcement. Permit fees are to be determined by action of the Village Board.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11; Ord. No. 4350-2013, § 4, 1-14-13; Ord. No. 4722-2019, § 1, 4-15-19; Ord. No. 4928-2022, §§ 9, 10, 3-7-22)

A.

General Requirements Applicable Within All Zoning Districts.

1.

Recreational equipment may be parked on private property in a garage or carport.

2.

No recreational equipment shall be converted for use or permanently intended for use for living, sleeping or housekeeping purposes when parked. Evidence of such conversion or intent would include cooking, hook-up to water or sewer lines, or sleeping use of more than 14 days in a calendar year.

3.

Outside storage of any material adjacent to any recreational equipment shall be prohibited.

4.

Recreational equipment may be parked on a street for a period not to exceed 48 hours during loading and unloading.

5.

Any recreational equipment parked in a required front yard or side yard adjacent to a street shall be maintained in a mobile condition.

6.

No recreational equipment shall be parked within ten feet of any adjacent dwelling on an adjoining lot nor within one foot of lot line and in any event, drainage of the lot must be maintained.

7.

No recreational equipment shall be parked across public sidewalks.

B.

Requirements within the AG, and R-1, through R-10 Districts.

1.

Front Yards or Side Yards Adjacent to a Street: Recreational equipment that is licensed for road use, less than ten feet six inches (10'6") in height, may be parked on a driveway in a required front yard or side yard adjacent to a street and shall be placed on a permitted driveway surface (concrete or asphalt).

2.

Side Yards (other than adjacent to a street) and Rear Yards: Recreational equipment less than ten feet, six inches (10'6") in height may be parked on crushed stone, gravel or permitted driveway surfaces (concrete or asphalt). Recreational equipment parked in a side yard must be located further back than the front building line of the adjacent property.

C.

Prior compliance. That the provisions of Section 9-3-4 (A and B) as amended in April, 1985, shall not apply to any recreational equipment owner or lessee who was in compliance with Section 9-3-4 prior to such amendment providing that he or she files an affidavit with the Village Clerk prior to July 1, 1985, that he or she was in compliance under the section prior to amendment. This exception shall apply to such recreational equipment owner so long as he or she continues to own or lease such equipment or similar replacement equipment and continuously maintains the residence address on the affidavit.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

Within all one- and two-family residential districts not more than one principal building per lot shall be permitted.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

No detached accessory building, deck, gazebo, concrete patio, storage shed, public or private swimming pool or spa shall be constructed on any lot prior to the time of construction of the principal building to which it is necessary.

B.

Maximum Height.

1.

No storage shed shall exceed one-story or a maximum height of 12 feet.

2.

No detached accessory building, excluding a storage shed, or detached gazebo shall exceed one-story with a maximum height of 15 feet.

C.

No detached accessory building, deck, gazebo, concrete patio, storage shed, public or private swimming pool or spa shall be located in any easement unless written authorization is provided by the applicable utility companies and the Village of Hoffman Estates.

D.

The following minimum setback requirements shall apply for all detached accessory structures, gazebos, sheds, and pools:

1.

Exclusive of exterior corner side yards. Accessory structures shall be setback even with the principal dwelling unit, or equal to the exterior corner side yard setback, whichever is less.

2.

Accessory buildings or storage sheds situated 60 feet or more away from the front lot line may be situated not less than three feet from the side lot line. Accessory buildings or storage sheds located less than 60 feet away from the front lot line are subject to the side yard setback requirements, applicable to the principal structure, of the district in which they are located.

E.

The following minimum setback requirements shall apply for all decks and patios, unless otherwise indicated. Decks and patios located on lots adjoining streets are subject to the requirements applicable to principal structures on lots adjoining streets. Unless otherwise specified in the following requirements, decks and patios shall be subject to the requirements, applicable to the principal structure, of the district in which they are located.

1.

Decks a minimum of five feet above grade, as measured at the primary structure, shall be subject to the setback requirements of the principal structure, and shall meet the rear yard setback requirements of the principal structure or extend up to ten feet from the principal structure whichever permits the larger deck.

2.

For all single-family detached dwelling structures, decks less than five feet above grade and patios shall be located a minimum of five feet from the side lot line and five feet from the rear lot line.

3.

For all single-family attached, two-family and multi-family dwelling structures, no deck less than five feet above grade or patio shall be wider than the rear of the dwelling unit, and no deck or patio shall be located nearer than one foot from the rear lot line.

F.

A porch shall be subject to the setback requirements of the principal structure, and cannot be fenced or enclosed.

G.

There shall be not less than five feet between any public or private swimming pool and a dwelling structure, or any detached accessory building or a deck, balcony or porch of a height greater than the water level of said swimming pool. There shall not be such a requirement for spas.

H.

There shall be not less than seven feet between any dwelling structure and a detached garage.

I.

A storage shed located less than seven feet from the principal dwelling structure shall meet the principal building setbacks and have a minimum three-foot separation from the principal structure.

J.

Storage sheds shall not exceed 150 square feet in size.

K.

The following garage requirements shall apply to detached and attached garages:

1.

A minimum of no less than 440 square feet of combined garage areas.

2.

A maximum of no more than 750 square feet of combined garage areas.

3.

An approved driveway surface leading to the garage.

4.

Other requirements of Section 9-3-2-B (Off-Street Parking and Off-Street Loading Facilities).

L.

A detached accessory building used for the storage or parking of recreational equipment shall meet all the requirements of a detached garage.

M.

Outside storage adjacent to a detached accessory building, gazebo, storage shed, deck, public or private swimming pool or spa (except safety equipment) shall be prohibited.

N.

A permit is required for the construction, installation or placement of a detached accessory building, deck, concrete patio, gazebo, storage shed, public or private swimming pool or spa.

O.

A maximum of one detached garage and one storage shed shall be permitted per lot.

P.

One temporary storage unit for an owner's residential property shall be permitted for two 14-day periods per calendar year. All temporary storage units shall be placed on a paved surface and shall not be placed on any public right-of-way. The storage unit shall not exceed 16 feet in length and shall be set back at least five feet from any publicly owned right-of-way.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

A mobile home shall not be considered to be permissible as an accessory building, or as a principal building in any district.

B.

A mobile office shall not be considered to be permissible as an accessory building, or as a principal building in any district, except as a special use in the Agricultural (AG) District or as a temporary use under Section 9-3-10.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Permits Required.

1.

No person, firm or corporation shall hereinafter erect, construct, relocate, structurally or graphically alter, or maintain any sign, billboard or other advertising device, as defined herein, within the Village of Hoffman Estates, without having obtained a permit as provided in this Code. A sign permit shall not be required for the following:

a.

Exempt signs as specified in Section 9-3-8-B of this Code.

b.

Maintenance of a sign provided that such maintenance does not alter the surface area, height, copy displayed or otherwise render the sign non-conforming.

2.

Application for Permit. An application for a permit under this Article shall be made upon forms provided by the Code Enforcement Division.

3.

Permit Fees. Every applicant before being granted a permit hereunder, shall pay permit fees to the Village as established by resolution or ordinance.

4.

Permit Issued if Application in Order. It shall be the duty of the Director of Code Enforcement after examination of an application for a sign permit, to issue said permit if the application is in good form and in compliance with all requirements as set forth in this Code and other Village Ordinances. If the work authorized under said permit has not been completed within 90 days after date of issuance the said permit shall be null and void.

5.

Annual Inspection Fees. The Director of Code Enforcement shall have the right to inspect annually, or more frequently as deemed necessary, each sign regulated by this Article and for which a permit is required, for the purpose of ascertaining whether the same is secure or insecure and whether it is in need of removal or repair.

B.

Exempt Signs. The following signs are hereby exempt from the provisions of this Code, excepting for such instances where a sign listed herein is found to be unsafe or unlawful as provided in Section 9-3-8-H (Removal of Unsafe Signs) of this Code. Exempt signs shall furthermore not be illuminated unless otherwise provided for.

1.

Name Plates. Signs not exceeding two square feet in surface area and indicating the name of the occupant of the premises. One sign shall be permitted for each building or dwelling unit.

2.

Address Signs. Signs not exceeding two square feet in surface area indicating the legal address of the premises.

3.

Real Estate "For Sale," "For Rent," and "Sold" signs not exceeding six square feet in surface area if the sign is single face or 12 square feet in surface area if the sign is multifaced. Such sign shall advertise the sale or rental of the property upon which said sign is located or indicating the property has been sold. These signs may remain in place during such time as the property is for sale or for rent and may remain for a period not to exceed three weeks after the consummation of the sale or lease of the property. One sign shall be permitted for each building, dwelling unit or lot provided, however, one sign shall be permitted along each side of a lot abutting a public street. The maximum number of signs per zoning lot shall not exceed two.

4.

Plaques. Plaques, memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze, or other non-combustible material.

5.

Public and Traffic Control Signs. Signs required by governmental bodies or specifically authorized for a public purpose by any law, statute or ordinance. Such signs are limited to traffic or other municipal signs, legal notices, railroad crossing signs, warning, danger and temporary emergency signs.

6.

Bulletin Boards. Bulletin Boards for charitable or religious institutions located on the premises of said institutions and not exceeding 15 square feet in surface area.

7.

Occupational Signs. Signs denoting only the name and profession of an occupant in a commercial building or public institutional building and not exceeding two square feet in surface area.

8.

Directional or Instructional Signs. Signs as defined in Section 9-2-1 not exceeding four square feet in surface area which provides service, direction or courtesy information intended to serve the public, providing that such signs shall contain no advertising, logos or other promotional information. Such signs shall include those signs identifying the local business facilities (e.g. entrances, self-service operations, accessory automotive services "Air" "Vacuum"), provide government regulated and courtesy information (e.g. hours of operation, credit cards accepted), restrooms, public telephones, and other similar signs providing direction or instruction to persons using a facility. Such signs shall not include those signs accessory to parking areas as provided for in Section 9-3-8-L-2 (Special Provisional Signs). Such signs may be illuminated.

9.

Window Signs. Signs which are fully located within the interior of the building. The area of such window signs shall not exceed 50 percent of the window surface area of first floor windows. Such signs may be illuminated as long as the area of the illuminated signs does not exceed ten percent of the window surface area of all first floor windows. Window signs shall not be located on any windows above the first floor of the building. A window that has neon tubing along its perimeter shall have the entire window area counted as a sign. LED electronic message center signs are permitted as an illuminated window sign only in the B-2 Zoning District and subject to the following requirements:

a.

No more than two electronic message center signs are permitted per business.

b.

The brightness level of the electronic message center sign shall not exceed 3,250 NITs. From dusk to dawn the brightness level shall not exceed 812.5 NITs.

c.

Sign messages shall not change more frequently than once every 15 minutes. The change shall be a full screen replacement without fading, motion or other action techniques. No movement, flashing, animation or scrolling messages shall be permitted.

d.

Lighting, brightness and color shall remain constant within a message and between messages.

e.

If a business has an electronic message center as a window sign, no other signs are permitted in the windows of the business.

f.

Signs larger than 50 square feet in area shall only be permitted with the issuance of a Special Use Permit. As a part of the Special Use review, the Village Board shall determine the maximum size, brightness, rate of change, the type of change and other restrictions depending on the character of the proposed site and its relationship to surrounding properties and public roads.

g.

A permit shall be required for electronic message center signs.

10.

Private Regulatory Signs. No trespassing, no dumping, no parking, towing and other similar signs not exceeding two square feet in surface area if single face, or four square feet if the sign is multi-face. Such signs shall not exceed two in number per zoning lot in residential districts. Within non-residential districts, such signs shall not exceed four square feet in surface area if the sign is single face, eight square feet in surface area if the sign is multi-face and shall not exceed four in number per zoning lot. Such signs shall contain no advertising, logos or other promotional information. The Director of Code Enforcement may authorize additional signs if determined to be warranted.

11.

Service Entrance Signs. One wall sign designating the service entrance to an individual unit shall be permitted provided such sign shall not exceed two square feet in surface area and shall not be illuminated. Such signs shall be located adjacent to the service entrance. Such sign shall be located adjacent to the service entrance. Such sign shall contain information limited to the name of the individual tenant, address numerals and delivery instructions.

12.

Vending Machine Signs. Permanent, non-flashing signs on vending machines, ice containers, automatic teller machines, or other similar machines indicating only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use and other similar information providing such sign shall be limited to signage originally furnished with the machine and shall relate to that which is dispensed by that machine. Such signs may be illuminated only on the front. Logos, names or other promotional information shall be considered the permitted sign.

13.

Garage/Yard Sale Signs. Signs not exceeding four square feet in surface area if the sign is single face or eight square feet in surface area if the sign is multifaced. One sign shall be permitted for each lot where the garage/yard sale is being held provided, however, one sign shall be permitted along each side of a lot abutting a public street. The maximum number of signs per zoning lot shall not exceed two. Such signs shall not exceed five feet in height and shall not be placed or erected for more than four consecutive days at the location of the sale. Signs placed in the public right-of-way, other public property, or off the premises shall be prohibited.

14.

Political Campaign Signs. Political campaign signs shall not exceed a maximum of 32 square feet for a single-faced sign or 64 square feet for a multi-faced sign. Political campaign signs located on non-residential private property shall be erected not more than 60 days prior to an election and shall be removed within 70 days after an election. Political campaign signs located on residential private property may be displayed during any period of time.

15.

F-P Forest Preserve District Signs. Signs erected by the Cook County Forest Preserve located in areas zoning F-P Forest Preserve District.

C.

Prohibited Signs. The following signs are hereby expressly prohibited for erection, construction, alteration or relocation within the Village.

1.

Signs On/Over Public Property. No person, firm or corporation shall hereafter erect, construct, relocate, structurally or graphically alter, or maintain any sign, billboard or advertising device, as defined herein, on or over public property.

2.

Signs on Fences and Other Accessory Structures. Signs which are attached, affixed, or painted on a chimney or a building, on an antenna or satellite dish, on a fence of fence-type wall, on benches, fence posts, trash receptacles, utility poles, utility boxes, storage sheds, bus shelters, or other accessory structures shall be prohibited, except for signs on a Detached Car Wash as specified in Section 9-3-8-M-11-c and signs on fences as specified in Section 9-3-8-K-5-c-2-b.

3.

Roof Signs. No roof sign shall be permitted to be erected in the Village except where specifically provided for in this Code (See Signs in the RPD District).

4.

Signs on Trees and Other Landscape and Natural Materials. Signs which are attached, painted on, or otherwise affixed to trees, other living vegetation, landscaping or natural materials shall be prohibited.

5.

Portable Signs. Any sign which is designed to be moved from place to place shall be prohibited.

6.

Signs on Parked Vehicles. Signs placed on or affixed to vehicles and/or trailers (herein defined as a Sign, Motor Vehicle) which are parked on a public right-of-way, public property or private property so as to be visible from a public right-of-way where the purpose of such sign placement is to advertise a product or direct the public to a business or activity located on the same or nearby property shall be prohibited, except for signs placed upon the windshield or other windows of a vehicle in an Automobile Dealership Lot.

7.

Moving and Flashing Signs and Devices. Revolving, rotating, intermittent or flashing signs and devices are prohibited except as provided for as window signs or stationary signs indicating time and temperature in the Business, Office and Manufacturing Districts of this Code and Beacon Light Signs.

8.

"A" Frame or Sandwich Board Signs. "A" frame or sandwich board signs shall be prohibited.

9.

Signs Which Imitate Traffic Control Devices. Signs which contain arrows, the words "stop" or "danger" or otherwise resemble or simulate official traffic control signs shall be prohibited.

10.

Tent and Umbrella Signs. Signs which are attached, painted or otherwise affixed to tents or umbrellas shall be prohibited provided, however, such signs may be permitted in conjunction with an approved special event.

11.

Signs Obstructing Traffic Sight Lines, Traffic Control Signals, or Public Signs. Signs which obstruct traffic sight lines, traffic control signals or public signs at street intersections or railroad crossings shall be prohibited.

12.

Exterior Neon Tubing and Light Bulbs. Exposed exterior neon tubing and/or exposed light bulbs shall be prohibited, except exterior strings of lights in residential districts when displayed in conjunction with traditionally accepted civic, patriotic or religious holidays.

13.

Banner Signs. Banner Signs shall be prohibited except as provided for in Section 9-3-8-K (Temporary Signs) and 9-3-8-L (Other Special Provision Signs).

14.

Pennant Signs. Pennant signs shall be prohibited under all circumstances, including, but not limited to, pennants attached to buildings, canopies, light poles, or any other object.

15.

Advertising Flags. Advertising flags as defined by this Code shall be prohibited.

16.

Balloons and Inflatable Signs. Balloons and inflatable signs shall be prohibited.

17.

Signs on Light Poles. Signs which are painted on or otherwise attached or affixed to light poles shall be prohibited except as provided for in Section 9-3-8-L (Other Special Provision Signs).

18.

Off-Site Signage. Off-site signage shall be prohibited unless provided for elsewhere in this Code.

19.

Other Prohibited Signs. Signs which emit sound, odor or visible matter or which bear or contain statements, words or pictures of an obscene, pornographic or immoral character shall be prohibited.

20.

Signs Advertising Businesses in a Residential Development. Signs advertising a business in a Residential Zoning District shall be prohibited.

21.

Backlighted Canopies. Illuminated backlighted canopies shall be prohibited.

22.

Electronic Message Center Signs. Electronic message center signs shall be prohibited except for as provided in Section 9-3-8-B-9, Section 9-3-8-M-10 and Section 9-3-8-L-8.

23.

Signage attached to an automotive fuel pump handle or hose shall be prohibited.

24.

Signage attached to or otherwise displayed from trash receptacles, washer fluid bins, towel dispensers and similar items shall be prohibited.

D.

Calculation of the Surface Area of A Sign. The total surface of a sign shall be based upon the definition for "Sign, Surface Area of" as stated in this Code.

E.

Calculation of Sign Height. The total sign height of a freestanding or ground sign shall be the vertical distance of the structure measured from the mean elevation of the lowest finished grade on the subject parcel within 20 feet of the sign to the highest point on the sign.

F.

Illumination. Signs illuminated under the provisions of this Code shall be subject to the following requirements:

1.

Freestanding or Ground signs shall be illuminated internally or by concealed fixtures so that no reflectors, extension arms, floodlights or fixtures are visible from the street.

2.

Wall signs may be internally illuminated or by a means that is of an architectural grade fixture and support. Illumination of wall signs (other than internally) shall be approved by the Director of Code Enforcement.

3.

Illuminated signs may be permitted, provided, however, that any lights provided shall be designed and installed only in such a manner that the direct rays of such lights be concentrated on the sign and be prevented from causing a glare on or striking the street or adjacent property, or the reflector shall be provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare on the street or nearby property.

4.

Any illuminated sign located within a direct distance of 300 feet (including public rights-of-way, private streets, aisles, etc.) from any residence shall be turned off and not operated between the hours of 11:00 p.m. and 6:00 a.m. Wall signs upon the premises for which the sign is intended shall be exempt if the business is open during such hours.

5.

Neon tubing that is completely protected from outside elements shall be permitted.

G.

Non-Conforming Signs.

1.

Legal Non-Conforming Signs. Any sign lawfully existing as evidenced by a valid sign permit prior to September 1, 1982, which does not conform to one or more of the provisions of this Code may be continued in operation and maintained as a legal non-conforming sign subject to the requirements of Section 9-3-8 G-2 and Section 9-3-8-H-1.

2.

Maintenance and Repair of Legal Non-Conforming Signs. No addition to or changing of copy, structural alteration, enlargement, or extension shall be made to a legal non-conforming sign unless the alteration, enlargement, or extension will result in the elimination of the non-conforming features of the sign. If a legal non-conforming sign is damaged or destroyed by any means to the extent of 50 percent or more of its replacement value at that time, the sign may not be rebuilt or used thereafter unless it conforms to all of the provisions of this Code. In the event the damage or destruction of the non-conforming sign is less than 50 percent of its replacement value at that time, the sign may be rebuilt to its original condition and may continue to be displayed.

Normal maintenance of legal non-conforming signs, necessary non-structural repairs, and incidental alterations which do not extend or intensify the non-conforming features of the sign, shall be permitted.

H.

Removal of Non-Conforming, Obsolete and Unsafe Signs.

1.

Non-Conforming Signs. If the Director of Code Enforcement shall find that any sign regulated herein has been constructed or erected in violation of the provisions of this Code or any non-conforming sign, except for those legal non-conforming signs as specified in Section 9-3-8-G, is displayed, such sign shall be removed in accordance with the provisions of Section 9-3-8-H-4. Legal non-conforming signs, except those signs previously granted sign variances may be continued until January 1, 2000. Thereafter such signs shall be made to conform by means of alteration, relocation or removal.

2.

Obsolete Signs. Any sign, whether existing on or erected after the effective date of this Code, which advertises a bonafide business conduct, product sold or service rendered, in or from the premises on which the sign is located, shall be removed within 30 days upon the cessation of such business or sale of such product by the owner, agent, or person having the beneficial interest in the building or premises on which such sign is located. Obsolete signs shall be removed in accordance with the provisions of Section 9-3-8-H-4.

3.

Unsafe Signs. If the Director of Code Enforcement shall find that any sign is unsafe or insecure, or is a danger to the public, such signs shall be removed in accordance with the provisions of Section 9-3-8-H-4. Notwithstanding the foregoing provision, the Director of Code Enforcement is authorized to cause any sign to be removed summarily and without notice, at the expense of the owner, agent, or person having the beneficial interest in the building or premises on which such sign is located, whenever the Director determines that such sign is an immediate peril to persons or property.

4.

If the Director of Code Enforcement shall find that any sign is erected in violation of the provisions of Section 9-3-8-H, the Director of Code Enforcement shall give written notice to the owner, agent, or person having the beneficial interest in the building or the premises on which such sign is located. Removal of the sign shall be effected within ten days after receipt of the notice from the Director of Code Enforcement. If such sign is not removed or repaired after the conclusion of such ten-day period, the Director of Code Enforcement is hereby authorized to cause the sign to be removed forthwith at the expense of the owner, agent, or person having the beneficial interest in the building or premises on which such sign is located. The Director of Code Enforcement shall refuse to issue any sign or building permit to any permittee or owner who refuses to pay costs so assessed.

I.

Construction Specifications.

1.

Compliance With Applicable Codes. All signs shall be constructed in accordance with applicable provisions of building and electrical Codes as designated in the Hoffman Estates Municipal Code.

2.

Clearance from Electrical Power Lines and Communication Lines. All signs shall be located in such a way that they maintain horizontal and vertical clearance of all electrical power lines and communication lines in accordance with the applicable provisions of the Hoffman Estates Municipal Code. However, in no instance shall a sign be erected or constructed within eight feet of any electrical power line, conductor, or service drop or any communication line, conductor, or service drop.

3.

Clearance from Surface and Underground Facilities. All signs and their supporting structures shall maintain clearance and non-interference with all surface and underground facilities and conduits for water, sewage, gas, electricity, or communications equipment or lines. In addition, the placement of all signs and their supporting structures shall not interfere with natural or artificial drainage of surface or underground water.

4.

Supports. Secondary supports and hardware, such as angle irons, braces, brackets, frame members, and guy wires for permanent signs shall be concealed or of a coloring compatible with the sign material to subdue its appearance. Primary supports for permanent signs shall be of the same material or of a coloring compatible with the sign material.

J.

Maintenance of Signs.

1.

The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including any illumination sources in neat and orderly condition and good working order at all times, and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign.

2.

The owner of any sign regulated by this Code shall be required to have properly painted all parts and supports of said sign when necessary unless the same are galvanized or otherwise treated to prevent rust or deterioration.

K.

Temporary Special Provision Signs. Temporary special provision signs may be erected and maintained in the Village only in accordance with the provisions contained within this Code.

1.

General Provisions.

a.

Permit Required. No person shall erect, construct, repair, alter or relocate any temporary sign without first obtaining a permit.

b.

Illumination. No temporary sign shall be illuminated except as otherwise provided.

c.

Temporary Sign Types. Temporary signs shall be limited to non-projecting wall signs or freestanding signs as defined by this Code except as otherwise provided in this section.

2.

Temporary On-site Construction Signs. All developments may erect and maintain signs subject to the following requirements:

a.

One sign per residential development, not to exceed 32 square feet in total surface area. Such a sign shall not exceed ten feet in height, shall be set back a minimum of ten feet from any property line, and shall be removed within 30 days after the occupancy certificate is issued for the last unit.

b.

One sign per non-residential development, not to exceed 150 square feet in total surface area. Such a sign shall not exceed ten feet in height, shall be set back a minimum of ten feet from any property line, and shall be removed within 30 days after the occupancy certificate is issued for the last unit.

c.

One additional sign per development shall be allowed for parcel ten acres or more in size.

3.

Temporary On-site Real Estate Signs. Signs for the sale, or lease of a property in a new development shall be permitted subject to the following requirements:

a.

For Sale Signs. One sign per development, not to exceed 100 square feet in total surface area. Such a sign shall not exceed ten feet in height, shall be set back ten feet from any property line, and shall be removed within 30 days of the sale of the property.

b.

For Lease Signs. For lease signs are prohibited unless documentation is provided, at the time the sign permit application is submitted, that space is available or being vacated within 60 days of sign permit application date. For lease signs may contain the name of the structure in which lease space is available, the amount of lease space available, the contact person's name, and the phone number of the contact person. Any additional written information is prohibited. For lease signs shall not exceed 100 square feet in total surface area. Such a sign shall not exceed ten feet in height, shall be set back ten feet from any property line, and shall be reduced in size to 32 square feet in total surface area as follows:

(1)

Retail complexes up to 50,000 square feet shall be reduced 12 months after initial occupancy.

(2)

Retail complexes between 50,001 and 100,000 square feet shall be reduced 18 months after initial occupancy

(3)

Retail complexes 100,001 square feet and above and all other office complexes shall be reduced 24 months after initial occupancy.

4.

Temporary Residential Model Area Signs. Within all Residential developments, the following Temporary Residential Model Area Signs may be erected and maintained during initial construction. Such signs shall be erected for the purpose of identifying model areas offering dwelling units for sale or rent only within a new subdivision or rental complex. All signs shall be removed within ten days of the issuance of the occupancy certificate for the last unit or building in the subdivision/development.

a.

Any of the permitted signs identified in Sections 9-3-8-K-2 (Temporary Construction Signs), 9-3-8-K-3 (Temporary Real Estate Signs) of this Code.

b.

Sales Office Signs. One sign, not to exceed 20 square feet in total surface area. Such signs may be illuminated, shall not exceed ten feet in height, shall be set back a minimum of five feet from any property line and may contain a logo, the name of the development, the name of the developer of the subdivision, appropriate telephone numbers and hours of operation.

c.

Model Unit Signs. One sign for each model unit offered for sale. Such signs shall not exceed four square feet in total surface area, shall not exceed five feet in height, may be located only in a front yard and shall be limited to the name of the model unit.

d.

Model Area Parking Lot Entrance/Exit Signs. One sign for each parking lot. Such signs shall not exceed four square feet in surface area if the sign is single face or eight square feet in surface area if the sign is multi-face, shall not exceed five feet in height, shall be set back a minimum of five feet from any property line and may contain only the logo and the name of the subdivision.

e.

Construction Office Signs. One sign for a construction office. Such signs shall not exceed 32 square feet in total size, shall not exceed ten feet in height, shall be set back a minimum of five feet from any property line and may contain the name of the development, contractor, engineer, architect and/or financial institution engaged in construction of the development.

5.

Temporary Special Event Signs. Temporary special event signs identifying a special or limited activity, service, or sale of limited duration may be erected and maintained subject to the following requirements:

a.

Display Standards.

(1)

Freestanding Signs. Any temporary freestanding sign constructed of a banner material must be secured tightly and taut to poles, posts, braces, uprights, or other supports that are permanently mounted to the ground. The banner shall not sag or give the appearance of being loosely secured. Temporary signs may not be mounted to objects or in manners identified in Section 9-3-8-C (Prohibited Signs).

(2)

Wall Mounted Signs. Any temporary wall mounted sign constructed of a banner material must be secured tightly and taut to the building surface. The banner shall not sag or give the appearance of being loosely secured.

(3)

Appearance. Banners which become illegible, or are damaged or otherwise are in poor condition, must be removed. The Director of Code Enforcement shall notify the permittee of the violation and the banner shall be replaced or repaired as necessary. If, within 15 days, the violation has not been repaired, the Director shall revoke the permit for said sign.

b.

Residential Districts. Within any R District, A-1 District or RPD District (excluding commercial uses), one (1) special event sign shall be permitted subject to the following requirements:

(1)

Such signs may be a freestanding sign and shall not exceed 32 square feet in total surface area.

(2)

Such signs shall not block or reduce sight visibility at driveways and shall not exceed ten (10) feet in height.

(3)

Such signs may be displayed a maximum of four (4) times per calendar year for a period not to exceed thirty (30) calendar days for each permit and may be displayed consecutively.

(4)

A permit shall be required each time a special event sign is erected.

(5)

Such signs shall not be illuminated.

(6)

Temporary special event signs are not permitted on single-family or two-family lots.

c.

Commercial Districts. Within the R-9 (F-2 Subzone only), and B Districts, special event signs shall be permitted subject to the following requirements:

(1)

Grand Openings. In conjunction with the grand opening of a development (as evidenced by the issuance of an initial business license), a maximum of two (2) special event signs shall be permitted.

(a)

Such signs may be a banner, ground or wall sign and shall not exceed 75 square feet in total surface area for all signs.

(b)

Such signs shall not block or reduce sight visibility at driveways and shall not exceed ten (10) feet in height.

(c)

Such signs shall not be located within medians and may be displayed for a period not to exceed thirty (30) days.

(d)

A permit shall be required prior to display of such signs.

(e)

Such signs shall not be illuminated.

(2)

Special Events and Sales Events.

(a)

Automobile Sales. An annual permit shall be required to allow the display of temporary signs throughout the calendar year. Upon issuance, the permittee may erect temporary signs, which identify a distinct special event, at any time within the year upon notice to the Director of Code Enforcement and subject to the following requirements:

i.

One freestanding temporary sign and one wall mounted banner sign may be permitted per public street frontage. No one sign can exceed 75 square feet and the total surface area of all signs shall not exceed 150 square feet.

ii.

Such signs shall not block or reduce sight visibility at driveways and shall not exceed ten (10) feet in height.

iii.

Such signs are limited to four (4) display periods per permitted calendar year for a period not to exceed 15 calendar days for each period.

iv.

Display periods may be consecutive.

v.

Such signs shall not be illuminated.

(b)

Conference or Banquet Facilities. Where a conference or banquet facility is the primary use, the regulations in Section 9-3-8-K-5-c-2-a shall apply in addition to the regulations listed below:

i.

Signs on fencing are permitted provided that a site plan designating the temporary sign location is submitted and approved by the Director of Code Enforcement at the time the annual permit is issued.

(c)

Other Uses within Commercial Districts. In conjunction with a special event being conducted at the permittee establishment, one special event sign shall be permitted.

i.

Such sign shall be a banner or wall sign affixed to the building front and the total surface area of such sign shall not exceed one square foot in surface area for each linear foot of building front and such sign shall not exceed a maximum of 150 square feet.

ii.

Such signs may be displayed three (3) times within a calendar year for a period not to exceed thirty (30) calendar days for each permit.

iii.

A permit is required each time a special event sign is used and permits may be issued consecutively.

iv.

Such signs shall not be illuminated.

(d)

RPD Districts. Within the RPD special event signs shall be permitted subject to the following requirements:

(1)

Commercial Uses. In conjunction with a special event being conducted at the permittee establishment:

(a)

Two (2) banners shall be permitted provided they are affixed to the building or the permanent identification sign for the establishment and such signs shall not exceed one square foot in surface area for each linear foot of building front provided that the total surface area of all signs shall not exceed 400 square feet.

(b)

Such signs may be displayed a maximum of three (3) times per calendar year for a period not to exceed thirty (30) calendar days for each permit.

(c)

A permit is required each time a special event sign is used and permits may be issued consecutively.

(d)

Such signs shall not be illuminated.

(2)

Apartment & Residential Uses: The regulations in Section 9-3-8-K-5-b shall apply.

(e)

Village sponsored events shall be exempt from the provisions of this Code.

d.

Within in any District. On property which is owned, operated, or occupied by the Village of Hoffman Estates, a township, park district or public library governed by a board or commission elected in whole or in part by residents of the Village, special event signs to advertise events and programs of the district that are available to the general public shall be permitted subject to the following requirements:

(1)

Such signs may be freestanding, wall mounted, or affixed to an accessory structure.

(2)

Such signs shall not exceed 50 square feet in surface area per face and shall not exceed ten (10) feet in height.

(3)

Such signs shall not block or reduce sight visibility at driveways.

(4)

Such signs shall be removed within 7 days following the event or program which they are advertising.

(5)

Such signs may be illuminated provided they meet all provisions of Section 9-3-8-F.4 of this Code.

(6)

Village sponsored events shall be exempt from the provisions of this Code.

6.

Beams or Beacon Lights. Within the B-2 District, beams or beacon lights may be erected and maintained subject to the following requirements:

a.

No person shall erect a beam or beacon light without first obtaining a permit.

b.

Beams or beacon lights may be erected in conjunction with a special promotion or a grand opening as evidenced by the issuance of an initial business license.

c.

Beams or beacon lights may be displayed a maximum of one time within each calendar year for a period not to exceed three days.

d.

Beams or beacon lights shall be limited to those portions of a development providing the sale of retail goods or provision of personal services directly to the consumer.

e.

No beam or beacon light shall be located within 100 feet of any Residential or Apartment District.

f.

Beams or beacon lights shall be located within 50 feet of the main entrance to the permittee establishment, and shall not be located within required fire lanes or designated handicapped parking spaces.

g.

Beams or beacon lights shall not be operated except during the hours of operation when the permittee establishment is open to the general public or after the hour of 11:00 p.m., whichever is earlier.

h.

Beams or beacon lights emitting only a single beam of light shall be permitted. Multiple projecting beams, stationary or rotating, shall be prohibited, even if designed as a single generating unit.

7.

Temporary Construction Business Signs. Businesses located within major road construction project limits, as designated by the Village Board, may erect and maintain signs subject to the following requirements:

a.

Individual commercial lots or outlots not managed by a shopping center management company. The following types of business signs shall be temporarily permitted to be installed within the property lines of a commercial lot:

(1)

One banner sign per street frontage, not to exceed 150 square feet in surface area and securely attached to an existing building.

(2)

One freestanding sign per street frontage, not to exceed 32 square feet in total surface area. A freestanding sign shall not exceed ten feet in height and shall be secured to the ground.

(3)

One A-frame (sandwich board) sign per driveway access, not to exceed three feet in height and three feet in width.

b.

Individual businesses managed by a shopping center management company. The design and installation of temporary signs for individual businesses under the jurisdiction of a particular shopping center management company shall be coordinated by that shopping management company. Within the property lines of the shopping center commercial lot, the shopping center management company shall be permitted to allow for the temporary installation of the following types of business signs:

(1)

One banner sign per street frontage per individual business, not to exceed 150 square feet in surface area and shall be securely attached to an existing building on that portion of the building housing the advertised business.

(2)

One freestanding sign per street frontage, for the entire shopping center, not to exceed 150 square feet in total surface area. A freestanding sign shall not exceed ten feet in height.

(3)

One A-frame (sandwich board) sign per driveway access, not to exceed three feet in height and three feet in width.

c.

No temporary sign shall be erected without first obtaining a permit.

d.

The permit fee for temporary business construction signs shall be waived.

e.

All temporary signs shall be located to provide sufficient visual sign clearance for vehicles and pedestrians entering and leaving shopping center driveway, and to not obstruct parking or circulation.

f.

Illuminated sign may be permitted, provided, however, that any lights provided shall be designed and installed only in such a manner that the lights be concentrated on the sign and be prevented from causing a glare on or striking the street or adjacent property.

g.

Upon completion of road construction in the area, all temporary construction business signs shall be removed. Upon substantial completion of road construction, the Assistant Village Manager-Development Services shall determine the temporary business sign removal deadline, and shall provide a 60-day notice to businesses and shopping center management companies.

L.

Other Special Provision Signs. The following special provision signs may be erected and maintained only in accordance with the provisions contained within this Code.

1.

Official and Corporate Flags. The display of official flags of any nation, state or political subdivision and corporate flags shall be permitted subject to the following requirements. The Village of Hoffman Estates shall be exempt from the provisions of this section of the Code.

a.

Official and corporate flags shall be displayed only on flag poles designed and constructed specifically and exclusively for flag display. No official or corporate flag shall be displayed or attached in any manner to light poles, sign poles, trees, vehicles, buildings or similar structures or objects.

b.

There shall be a maximum of one flag pole per lot, except in the O-2, O-3, O-4, O-5, B-3, B-4, and M-2 Districts where a maximum of four flag poles per lot shall be permitted.

c.

The display of more than two flags per flag pole shall be prohibited. On lots permitted only one flag pole, where two flags are displayed, such flags may be either two official flags or one official flag and one corporate flag. An official flag shall always be displayed above a corporate flag. The maximum size of the flag displayed in the lower position shall not exceed one-half of the area of the flag displayed in the higher position or 15 square feet, whichever is less. On lots permitted four flag poles, the above regulations shall apply, provided however, a maximum of one corporate flag shall be displayed for each lot. The official flag of the United States shall always be displayed in a position higher than any other official or corporate flag.

d.

The height of a flag pole shall be in proportion to the scale of the building to which the pole relates, and in no case shall be higher than the following height limitations:

e.

The vertical length of a permitted single flag on a flag pole shall not exceed one-quarter the length of the pole upon which the official flag is hung. For regulations regarding the display of an additional flag from a flag pole, see Section 9-3-8-L-[1]-c above.

f.

Official and corporate flags shall be displayed in such a manner that no portion of the flag shall project over any property line or contact any other structure when fully extended.

g.

Official and corporate flags shall not be mounted on roofs. Wall mounted official and corporate flags shall be displayed from flag poles not to exceed ten feet in length. Such poles shall not extend above the roof line.

h.

Official flags shall be maintained in an orderly fashion and should be displayed in accordance with The Flag Code, Title 36, USC, Chapter 10, as amended by P.L. 344, 94th Congress, approved July 7, 1976, or as amended in the future.

i.

Corporate flags shall be maintained in an orderly fashion and in good condition. Tattered or torn flags shall be removed or replaced.

2.

Parking Lot Entrance/Exit and Instructional Signs.

a.

Entrance/Exit Signs. Signs designating entrances and exits of parking lots limited to one sign for each entrance/exit. Such signs shall not exceed five square feet in surface area if the sign is single face or ten square feet in surface area if the sign is multi-face. Such signs shall not exceed five feet in height, shall be set back a minimum of ten feet from any property line and may be illuminated. Such signs shall contain no advertising, logos or other promotional information. Where entrance/exit signs are located a minimum of 200 feet from any property line, such signs shall not exceed 25 square feet in surface area if the sign is single face or 50 square feet in surface area if the sign is multi-face. Such signs shall not exceed six feet in height, and may be illuminated. Such signs may contain logos but shall contain no advertising or other promotional information.

b.

Instructional Signs. Signs designating the conditions of use or identity of parking areas and not exceeding four square feet in surface area if the sign is single face or eight square feet in surface area if the sign is multi-face. Such signs shall not exceed five feet in height and may be illuminated. Such signs shall contain no advertising, logos or other promotional information. Where instructional signs are located a minimum of 200 feet from any property line, such signs shall not exceed 25 square feet in surface area if the sign is single face or 50 square feet in surface area if the sign is multi-face. Such signs shall not exceed six feet in height and may be illuminated. Such signs shall contain no advertising, logos or other promotional information.

3.

Business Subdivision Identification Signs. Business Subdivision Identification Signs are intended to provide unified identity for a group of businesses located within one subdivision. Business Subdivision Identification Signs shall be permitted with the A-1, O, B-2, B-3, B-4, M, RPD and R-9 Subzone F-2 Districts subject to the approval of a special use permit in accordance with the provisions of Section 9-1-18, pursuant to the requirements of this ordinance, and subject to the following requirements:

a.

All such identification signs shall be located on properties created under a single plat of subdivision.

b.

A maximum of two business subdivision identification signs shall be permitted per subdivision provided such sign(s) meet the following requirements:

(1)

The sign shall be a ground sign or freestanding sign, and the Village Board may limit the type of nonresidential subdivision identification sign allowed, through the issuance of the special use permit. In the F-2 Subzone, the sign shall be a ground sign only.

(2)

The sign shall not exceed 125 square feet in surface area if single faced or 250 square feet if multifaced (for each sign).

(3)

The sign shall not exceed 20 feet in height from the ground to the top of the sign with a minimum eight-foot ground clearance if the sign exceeds eight feet in height.

(4)

The sign shall be set back a minimum of ten feet from any property line.

(5)

The subdivision shall contain a minimum of six acres.

(6)

Such sign may be illuminated.

(7)

The sign shall be solely for the purpose of displaying the name, address and type of subdivision or development, and the name of the developer/owner, and may also display the name of the entities or business located within such subdivision.

(8)

The defined area the sign(s) represents shall also be approved at the time of a special use permit using proximity, common access, and land uses as criteria for approval.

(9)

If an entity goes out of business, or sells its property within the subdivision to another entity, the name must be removed from the identification sign within 15 days of the date said business is closed, or that property is transferred to a new owner.

(10)

In no case shall the area being defined by the sign(s) be separated by any public right-of-way.

(11)

The sign shall not be located on a lot that contains either a ground sign, a freestanding sign or a shopping center sign.

c.

One permanent identification sign shall be permitted for nonresidential subdivisions located adjacent to the Illinois Tollway. Such sign may be located at one point on the property along said tollway, provided such sign meets the following requirements:

(1)

The sign shall be a ground sign.

(2)

The sign shall not exceed 375 square feet in surface area if single faced or 750 square feet if multifaced.

(3)

The sign shall not exceed 20 feet from the ground to the top of the sign.

(4)

The sign shall be set back a minimum of ten feet from the Illinois Tollway and 50 feet from any other property line.

(5)

The subdivision shall contain a minimum of 30 acres.

(6)

Such sign may be illuminated.

(7)

The sign shall be solely for the purpose of displaying the name, address and type of subdivision or development, the name of the developer/owner, and a maximum of four occupants within the subdivision or development.

4.

Residential Subdivision Identification Signs. Residential Subdivision Identification Signs shall be permitted within the R-1 through R-8, R-9 (A, B, C, and D Subzones), R-10, RPD (Residential) and A-1 Districts subject to the following requirements:

a.

One permanent identification sign shall be permitted at a maximum of two entrances located at the intersection of two rights-of-way each of which is 80 feet or more in width, provided such sign(s) meet the following requirements:

(1)

The sign shall not exceed 48 square feet in surface area if single-faced or 96 square feet if multifaced.

(2)

The sign shall not exceed six feet from the ground to the top of sign.

(3)

The sign shall be set back a minimum of ten feet from any property line.

(4)

Such sign shall not be illuminated.

(5)

The sign shall be maintained in good order and the Village is authorized to remove same if not so maintained at the expense of the owner.

(6)

The sign shall be solely for the purpose of displaying the name of the subdivision or development.

5.

Light Pole Banners.

a.

Location and Dimensions.

(1)

Pole and bracket mounted light pole banners shall only be permitted in the B-1 and B-2 Zoning Districts and shall be restricted to developments classified as a Shopping Center or Automobile Sales.

(2)

A light pole banner may only be displayed on a light standard (pole) and may not extend higher than the pole on which it is mounted. The lower bracket used to support or display the banner must be installed at a height of at least eight (8) feet if it is located within two (2) feet of a pedestrian travel area and fourteen (14) feet of a vehicular travel area.

(3)

Light pole banners shall only be displayed on a privately owned light standard (poles) located in parking lots or along the driveways of the property. The banners shall not be displayed on or over public property. In no instance shall a light pole banner be extended between two poles.

(4)

Display brackets must be removed or folded against the pole when not in use.

(5)

Light pole banners may not exceed 17.5 square feet per face and shall have no more than two (2) sign faces.

b.

Number & Spacing.

(1)

No more than two (2) banners shall be displayed on a single light pole.

(2)

Shopping Centers. Banners may not be installed closer than 100 feet from any other pole on which a banner is mounted.

(3)

Automobile Sales. Light pole banners may not be installed closer than 40 feet from any other pole on which a banner is mounted.

c.

Signage/Content. Light pole banners may display the name and/or logo of the Center or Dealership, the address or location of the Center or Dealership, seasonal or promotional message or graphics, and information announcing Village-wide events. No more than 25 percent of the area of the banner face may display the name or logo of the Center or Dealership; however, in no instance may the banner be used to display the name, logo, or specific promotion of an individual business within the shopping center.

d.

Permits and Inspections.

(1)

An annual sign permit shall be required for the installation of banners. During that one-year period, the petitioner may rotate or change the banner as often as desired, provided that they are installed in accordance with this Chapter.

(2)

Banners which display a seasonal message or event must be removed within thirty (30) days after the passing of the event or season.

(3)

Banners which become illegible, or are damaged or otherwise are in poor condition, must be removed. The Director of Code Enforcement shall notify the permittee of the violation and the banner shall be replaced or repaired as necessary. If, within 15 days, the violation has not been repaired, the Director shall revoke the permit for said sign.

6.

Shopping Center Vacant Storefront Window Signs. Shall only advertise existing businesses within the shopping center, and shall not advertise specific products or promotions. Signs shall not cover over 50 percent of the window area and shall be removed immediately upon leasing the vacant storefront. Placement of a sign will not prohibit a business within a shopping center from presenting a window display in a vacant store front provided the above guidelines are met.

7.

Scoreboard Sign. One freestanding scoreboard sign as an accessory use within parks owned or operated by a public or noncommercial agency shall be permitted as a special use subject to the following:

a.

As part of the special use review, the Village Board shall determine the maximum height, maximum size, minimum setbacks and other restrictions depending on the character of the proposed site and its relationship to surrounding properties and public roads.

b.

No more than one scoreboard sign per athletic field shall be allowed.

c.

Such scoreboard shall contain no advertising, no promotional materials, or no logos, except those of the terms.

d.

A landscape plan to reduce the scoreboard sign's visual effects shall be required when the sign is visible from the public right-of-way and surrounding properties.

8.

Governmental Community Information Signs. In addition to other signs provided for in Section 9-3-8 of the Municipal Code, the following sign shall be permitted; one freestanding Governmental Community Information Sign, which may include an electronic message center, as an accessory to a principal building on property which is owned, operated, or occupied by the Village of Hoffman Estates, a township, park district or public library governed by a board or commission elected in whole or in part by residents of the Village as a special use in all districts subject to the following:

a.

As part of the special use review, the Village Board shall determine the maximum height, maximum size, minimum setbacks, rate of change and other restrictions depending on the character of the proposed site and its relationship to surrounding properties and public roads.

b.

Such sign shall contain no off-site commercial advertising, unless specifically permitted by the Village Board.

c.

For purposes of any sign on a governmental property which the Village Board formally designates as Primary District Facility Site, such sign shall be permitted and the special use process shall not be required, provided the following are met:

(1)

Such sign shall be designed as a ground or monument sign and shall contain landscaping around the base.

(2)

Such sign shall not exceed 20 feet in height.

(3)

Such sign shall not exceed 325 square feet per face, excluding architectural elements which do not contain signage. Electronic message sign panels shall not exceed 200 square feet per side and shall be surrounded by architectural elements of the sign.

(4)

The electronic portion of such sign may contain off-site commercial advertising, provided a minimum of 50 percent of the sign display shall be used for Village or other governmental public informational messages.

(5)

The brightness level of the electronic message board portion of the sign shall not exceed 3,250 NITs, and from dusk to dawn the brightness level shall not exceed 812.5 NITs and provided these limits are met, such signs shall be permitted to be illuminated 24 hours per day.

M.

Permitted Signs. Signs shall be classified and permitted in accordance with the regulations set forth in this Code, and only those signs specifically permitted by the text of this Code shall be permitted and no others. The classification for signs hereafter set forth shall be in accordance with the various use districts designated now or hereafter established in the Zoning Code.

1.

Signs in the Agricultural District. In the Agricultural District, no sign shall be erected except the following and no sign shall be illuminated, except as otherwise provided.

a.

Exempt signs as specified in Section 9-3-8-B of this Code.

b.

Temporary and other special provision signs as specified in Sections 9-3-8-K and L of this Code.

c.

One identification sign, not to exceed 45 square feet in total surface area, to direct users of services within the Agricultural District to the service or use.

2.

Signs in One-Family and Two-Family Residential Districts. In one-family and two-family residential districts, no sign shall be erected except as otherwise provided.

a.

Exempt signs as specified in Section 9-3-8-B of this Code.

b.

Temporary and other special provisional signs as specified in Sections 9-3-8-K and L of this Code.

c.

For the following uses: Church, Private Park, Private Recreation Facility, Private Schools, Hospital, Home for the Aged or similar institutions and facilities constructed and maintained by any taxing district, the following signs shall be permitted:

(1)

One freestanding or ground identification sign, not to exceed 45 square feet single faced or 90 square feet multifaced. Such sign shall be solely for the purpose of displaying the name of the institution and/or its activities or services, may be illuminated, shall not exceed ten feet in height. Such sign shall be set back a minimum of ten feet from any lot line.

(2)

One wall sign provided such signs shall be attached to the building or wall and shall not extend more than 12 inches from the building nor extend above the roof line. The surface area of the wall sign shall not exceed one-half square foot in surface area for each lineal foot of building front. The maximum surface area of any one wall sign shall not exceed 100 square feet.

3.

In the R-9 Planned Development District, no sign erected except the following, and no sign shall be illuminated, except as otherwise provided.

a.

Exempt signs as specified in Section 9-3-8-B of this Code.

b.

Temporary and other special provisional signs as specified in Sections 9-3-8-K and L of this Code.

c.

Other signs as specified in Section 9-3-8-M-2-c of this Code.

d.

In Business Sub-zone F-2, the following signs shall be permitted:

(1)

One wall or permanent awning sign for individual freestanding businesses or units within a shopping center provided such sign shall be attached to the building or wall, not extend above the roof line, and a wall sign shall not extend more than 12 inches from the building. Wall or permanent awning signs attached to mansard roofs shall be located not more than 12 feet above the adjacent grade. Wall or permanent awning signs may be illuminated. The sum of the surface area of all wall or permanent awning signs shall not exceed one and one-half square feet in surface area for each lineal foot of building front. The maximum surface area of any one wall or permanent awning sign shall not exceed 200 square feet. Corporate logos shall be a permitted wall sign. Building or store fronts that have more than one side facing a public street, or one side facing a public street and one side facing the parking area for said building or store front, may have two wall or permanent awning signs, or a combination of the two, one per wall, provided the total of both signs is equal to or less than the maximum permitted square footage for one wall or permanent awning sign and that the second wall or permanent awning sign is not placed on any side adjacent to a residential dwelling unit or vacant property zoned residential or apartment except when separated by a dedicated public right-of-way of 150 feet or greater. A wall or permanent awning sign shall not be permitted on the rear side of a building.

(2)

One under-canopy or marquee sign per entrance providing a minimum clearance of eight feet from the walkway is maintained. Such signs shall be placed perpendicular to the building, shall not exceed five square feet in surface area if single faced or ten square feet if multifaced and may be illuminated.

e.

In Business Subzone F-2, the following signs shall be permitted:

(1)

Section 9-3-8-M-10-a (Shopping Center Signs in Business Districts) shall apply for sign regulations except that freestanding signs shall be prohibited.

(2)

Section 9-3-8-M-d (Other Business Uses in Business Districts) for sign regulations, except freestanding signs, shall be prohibited.

4.

In the Residential Planned Development District (RPD) no sign shall be erected except the following and no sign shall be illuminated except as otherwise provided.

a.

Detached Single-family Residential Developments. See Section 9-3-8-B (Exempt Signs), 9-3-8-K and L (Temporary and Other Special Provisional Signs), and 9-3-8-M-2-c for sign regulations.

b.

Within attached and multiple dwelling complexes, one permanent ground sign identifying the building complex as whole provided that the graphics contained thereon are limited to the name of the development, including a logo. Such signs shall not exceed ten feet in height, shall be set back a minimum of 20 feet from any property line and may be illuminated. Said sign shall not exceed 75 square feet in surface area if the sign is single face or 150 square feet in surface area if the sign is multifaced.

c.

Shopping Center Signs. See Section 9-3-8-M-10-a (Shopping Center Signs in Business Districts) for sign regulations.

d.

Automobile Service Station Signs. See Section 9-3-8-M-10-c (Automobile Service Station Signs in Business Districts) for sign regulations.

e.

Other Commercial Uses. See Section 9-3-8-M-10-d (Other Commercial Use Signs in Business Districts) for sign regulations for all other individual commercial lots other than those lots specified in Section 9-3-8-M-4-c and d.

f.

Other Signs Permitted on all Commercial Lots Within the Residential Planned Development District. See Section 9-3-8-M-10-e (Other Signs Permitted on all Lots in Business Districts) for sign regulations.

g.

For developments on parcels greater than ten acres, with a building greater in height than 80 feet, and a setback from any public street of a minimum of 600 feet; one logo or symbol sign shall be permitted to be mounted on the front building wall with up to ten percent of the sign area extending above the roof line of the building. Such signs shall be permitted only if located visually in front of an approved solid screen or wall which projects above the roof line (such as a penthouse). Such sign shall be mounted so that no support frame, brackets, or guy wires used to support the sign will be visible. Such sign may be illuminated. The area of such signs shall be considered as a wall sign(s) for the building.

h.

Exceptions and modifications to the General Sign Standards of Section 9-3-8 may be authorized by the Village Board in accordance with the variation procedures outlined in Section 9-1-15 or in accordance with the Master Sign Plan procedures of this Section. The application for Master Sign Plan approval shall be reviewed by the Development Services Department and the Planning and Zoning Commission, which shall make a recommendation to the Village Board of Trustees.

(1)

The Master Sign Plan may include an individual property or multiple adjacent parcels. The application for approval of a Master Sign Plan shall include a narrative and graphic explanation of the following:

(a)

Number, location, type and placement of signs on the subject property;

(b)

Sign materials and methods of illumination;

(c)

Height and size of signs and sign band areas; and

(d)

Colors and letter/graphic styles.

(2)

The Village Board of Trustees shall act to approve, approve with conditions or deny the application for Master Sign Plan approval.

(3)

The Village Board of Trustees is authorized to approve the Master Sign Plan if it is determined that implementation of the Master Sign Plan will:

(a)

Result in architecture and graphics of a scale appropriate for the subject development and the surrounding area;

(b)

Provide signage consistent with the site plan and architecture of the project;

(c)

Avoid visual clutter;

(d)

Allow visitors, employees and consumers to readily identify the business entrances, while addressing the community's need for attractive, unobtrusive architecture and commercial graphics; and

(e)

Result in a unified theme of signage for the project.

(4)

Changes to the content of a sign may be approved pursuant to the sign permit process provided for in Section 9-3-8-A. No other change to a sign included in a Master Sign Plan shall be made except as prescribed in the approved Master Sign Plan or as approved by the Village Board of Trustees in accordance with the Master Sign Plan approval procedures of subsection 9-3-8 M.4.h.

5.

Signs in Apartment Districts. In Apartment Districts, no sign shall be erected except the following and no sign shall be illuminated except as otherwise provided.

a.

See Section 9-3-8-B (Exempt Signs), 9-3-8-K and L (Temporary and Other Special Provisional Signs), and 9-3-8-M-2-c for sign regulations.

b.

Two permanent ground signs identifying the building complex as a whole, provided that the graphics contained thereon are limited to the name of the development, including a logo. Such signs shall not exceed ten feet in height, shall be set back a minimum of 20 feet from the property line and may be illuminated.

Said signs shall not exceed 150 square feet in surface area if the sign is single face or 300 square feet in surface area if the sign is multifaced.

6.

Signs in the O-1 Office District. In the O-1 Office District, no sign shall be erected except the following, and no sign shall be illuminated except as otherwise provided.

a.

Exempt signs as specified in Section 9-3-8-B of this Code.

b.

Temporary and other special provision signs as specified in Sections 9-3-8-K and L of this Code.

c.

One ground sign not to exceed eight feet in height shall be permitted. Such sign shall not exceed 50 square feet in surface area if the sign is single face or 100 square feet in surface area for a multifaced sign, shall relate to the name and/or use of the facility or premises and may be illuminated. Such sign must be set back a minimum of 20 feet from any property line.

d.

In lieu of a ground sign, one wall sign provided such signs shall be attached to the wall of a building and shall not extend more than 12 inches from the building nor higher than 25 feet above the adjacent grade. Wall signs may be illuminated. The sum of the surface area of all wall signs shall not exceed one and one-half square feet in surface area for each lineal foot of building front. The maximum surface area of any one wall sign shall not exceed 200 square feet. Corporate logos shall be a permitted wall sign.

e.

One stationary sign indicating time and temperature. Such sign shall not exceed 32 square feet in surface area if the sign is single face or 64 square feet in surface area if the sign is multifaced and may be illuminated. Such sign shall be attached to the building wall or included in a ground sign or freestanding sign. The square footage of such sign shall be in addition to the maximum size permitted for a wall sign, ground sign or freestanding sign, as long as it does not increase the height beyond the maximum permitted.

7.

Signs in the O-2 Office and Research District, and O-3 Office and Research Tollway District. In the O-2 and O-3 Office Districts, no sign shall be erected except the following and no sign shall be illuminated except as otherwise provided.

a.

Exempt signs as specified in Section 9-3-8-B of this Code.

b.

Temporary and other special provision signs as specified in Sections 9-3-8-K and L of this Code.

c.

One wall sign provided such signs shall be attached to the building or wall and shall not extend more than 12 inches from the building nor higher than 25 feet above the adjacent grade. Wall signs may be illuminated. The sum of the surface area of all wall signs shall not exceed one-half square foot in surface area for each lineal foot of building front. The maximum surface area of any one wall sign shall not exceed 200 square feet. Corporate logos shall be a permitted wall sign.

d.

One freestanding or ground sign not to exceed 20 feet in height. Such sign shall not exceed 125 square feet in surface area for a single face sign or 250 square feet in surface area for a multi-face sign, shall relate to the name and/or use of the facility or premises and may be illuminated. Such sign shall be set back a minimum of ten feet from any property line, and five feet from any interior roadway or pedestrian walkway.

e.

One stationary sign indicating time and temperature. Such sign shall not exceed 32 square feet in surface area if the sign is single face or 64 square feet in surface area if the sign is multifaced and may be illuminated. Such sign shall be attached to the building wall or included in a ground sign or freestanding sign. The square footage of such sign shall be in addition to the maximum size permitted for a wall sign, ground sign or freestanding sign as long as it does not increase the height beyond the maximum permitted.

8.

Signs in the O-4 Office and Research Campus District. In the O-4 Office and Research Campus District, no sign shall be erected except the following and no sign shall be illuminated except as otherwise provided.

a.

Exempt signs as specified in Section 9-3-8-B of this Code.

b.

Temporary and other special provision signs as specified in Sections 9-3-8-K and L of this Code.

c.

One wall sign provided such signs shall be attached to the building or wall and shall not extend more than 12 inches from the building nor higher than 25 feet above the adjacent grade. Wall signs may be illuminated. The sum of the surface area of all wall signs shall not exceed one-half square foot in surface area for each lineal foot of building front. The maximum surface area of any one wall sign shall not exceed 200 square feet. Corporate logos shall be a permitted wall sign.

d.

One freestanding or ground sign not to exceed 20 feet in height. Such sign shall not exceed 150 square feet in surface area for a single face sign or 300 square feet in surface area for a multi-face sign, shall relate to the name and/or use of the facility or premises and may be illuminated. Such sign shall be set back a minimum of ten feet from any property line, and five feet from any interior roadway or pedestrian walkway.

e.

One stationary sign indicating time and temperature. Such sign shall not exceed 32 square feet in surface area if the sign is single face or 64 square feet in surface area if the sign is multifaced and may be illuminated. Such sign shall be attached to the building wall or included in a ground sign or freestanding sign. The square footage of such sign shall be in addition to the maximum size permitted for a wall sign, ground sign or freestanding sign as long as it does not increase the height beyond the maximum permitted.

9.

Signs in the O-5 Office District. In the O-5 Office District, no sign shall be erected except the following and no sign shall be illuminated except as otherwise provided.

a.

Exempt signs as specified in Section 9-3-8-B of this Code.

b.

Temporary and other special provision signs as specified in Sections 9-3-8-K and L of this Code; except that marketing and real estate signs shall be ground signs with no more than a 12 inch clearance beneath the sign.

c.

Monument signs, constructed primarily of stone, identifying the major entrances to the Prairie Stone Business Park and the street names within the Prairie Stone Business Park. Such signs shall follow the location and design standards as set forth in the Prairie Stone Signage Requirements approved under Ordinance 2469-1992. Existing signs may remain and no additional signs shall be permitted.

d.

Up to two (2) wall signs, on buildings, provided such sign shall be attached to the building or wall and shall not extend more than eighteen (18) inches from the building nor extend above the roof line. Wall signs may be illuminated. The sum of the surface area of each wall sign shall not exceed three (3) square feet in surface area for each lineal foot of building front. Buildings with two (2) wall signs shall place such signs with no more than one sign per wall. The maximum surface area of any wall sign(s) on a building of twenty-five (25) feet or less in height shall not exceed fifty (50) square feet. On buildings of greater than twenty-five (25) feet up to and including fifty (50) feet in height such sign(s) shall not exceed one hundred (100) square feet. On buildings of greater than fifty (50) feet up to and including seventy-five (75) feet in height such sign(s) shall not exceed one-hundred and fifty (150) square feet. On buildings of greater than seventy-five (75) feet in height up to and including one [hundred] and fifty (150) feet in height such sign(s) shall not exceed two hundred (200) square feet. On buildings greater than one hundred and fifty (150) feet in height, such sign(s) shall not exceed three hundred (300) square feet. Each such sign may identify only one of the following: the building, a user or tenant of the building, or an owner or developer of the building. Corporate logos shall be a permitted wall sign.

e.

Ground signs shall be permitted on a property per the following.

(1)

Primary Identification Ground Sign. Two ground signs not to exceed five feet in height. A maximum of one sign may be installed per frontage. Such sign shall not exceed 125 square feet in surface area for a single face sign or 250 square feet in surface area for a multi-face sign, shall relate to the name and/or use of the facility or premises and may be illuminated. Such sign shall be set back a minimum of five feet from any property line, and five feet from any interior roadway or pedestrian walkway.

(2)

Primary Entrance Ground Sign. One ground sign per primary entrance to the property not to exceed four feet in height. Such sign shall not exceed 100 square feet in surface area for a single face sign or 200 square feet in surface area for a multi-face sign, shall relate to the name and/or use of the facility or premises and may be illuminated. Such sign shall be set back a minimum of five feet from any property line, and five feet from any interior roadway or pedestrian walkway.

(3)

Secondary Entrance Ground Sign. One ground sign per entrance to the property that does not include a Primary Entrance Ground Sign, not to exceed four feet in height. Such sign shall not exceed 25 square feet in surface area for a single face sign or 50 square feet in surface area for a multi-face sign, shall relate to the name and/or use of the facility or premises and may be illuminated. Such sign shall be set back a minimum of five feet from any property line, and five feet from any interior roadway or pedestrian walkway.

(4)

Directional Ground Sign. Signs may be installed providing directions to any principal points within the property. Signs shall not exceed four feet in height. Such sign shall not exceed 12 square feet in surface area for a single face sign or 24 square feet in surface area for a multi-face sign, and may include the name and/or use of the facility or premises; however, the primary purpose of such signs shall be directional/instructional. Signs may be illuminated. Such sign shall be set back a minimum of five feet from any property line, five feet from any interior roadway or pedestrian walkway, and 25 feet from any public right-of-way.

(5)

Major Tenant Identification Ground Sign. Tenants of individual buildings that occupy 75 percent or more of a building that is 100,000 square feet or greater may have a maximum of two ground signs. Signs shall not exceed 6 feet in height. Such sign shall not exceed 50 square feet in surface area for a single face sign or 100 square feet in surface area for a multi-face sign, and may include the name and/or use of the facility or premises. Signs may be illuminated. Such sign shall be set back a minimum of five feet from any property line, five feet from any interior roadway or pedestrian walkway, and shall be location within 25 feet from the primary entrance(s) to the building.

f.

Existing signs that were legally permitted prior to January 1, 2013 may remain and may be re-faced, but such signs shall not be altered except for alterations that bring the entire sign into compliance with this Code.

10.

Signs in Business Districts (B-1, B-2, B-3). In Business Districts, no signs shall be erected except the following, and no sign shall be illuminated except as otherwise provided.

a.

Shopping Center Signs. The following signs shall be permitted for shopping centers.

(1)

Exempt signs as specified in Section 9-3-8-B of this Code.

(2)

Temporary and other special provisions signs as specified in Sections 9-3-8-K and L of this Code.

(3)

One freestanding or ground sign not to exceed 20 feet in height. Such sign shall not exceed 125 square feet in surface area for a single face sign or 250 square feet in surface area for a multi-face sign, shall relate to the name and/or use of the facility or premises and may be illuminated. Such sign shall be set back a minimum of ten feet from any property line, and five feet from any interior roadway or pedestrian walkway.

(4)

One wall or permanent awning sign for individual units within a shopping center provided such sign shall be attached to the building or wall, not extend above the roof line, and a wall sign shall not extend more than 12 inches from the building nor shall any sign be higher than 25 feet above the adjacent grade. Wall or permanent awning signs attached to mansard roofs shall be located nor more than 12 feet above the adjacent grade. Wall or permanent awning signs may be illuminated. The sum of the surface area of all wall or permanent awning signs shall not exceed three square feet in surface area for each lineal foot of building front.

The maximum surface area of wall sign shall not exceed 200 square feet. Corporate logos shall be a permitted wall sign. Building or store fronts that have more than one side facing a public street, or one side facing a public street and one side facing the parking area for said building or store front, may have two wall or permanent awning signs, or a combination of the two, one per wall, provided the total of both signs is equal to or less than the maximum permitted square footage for one wall or permanent awning sign, and that the second wall or permanent awning sign is not placed on any side adjacent to a residential dwelling unit or vacant property zoned residential or apartment except when separated by a dedicated public right-of-way of 150 feet or greater. A wall or permanent awning sign shall not be permitted on the rear side of a building except as permitted under Section 9-3-8-M-10-a-(8).

(5)

One under-canopy or marquee sign per entrance providing a minimum clearance of eight feet form the walkway is maintained. Such signs shall be placed perpendicular to the building, shall not exceed five square feet in surface area if the sign is single face or ten square feet in surface area if the sign is multifaced and may be illuminated.

(6)

Other signs as provided for in Section 9-3-8-M-10-e (Other Signs Permitted on all Lots in Business Districts) of this Code.

(7)

Designated Shopping Center Outlots. See Section 9-3-8-M-10-d (Other Business Uses in Business Districts) for sign regulations.

(8)

(a)

One wall sign per tenant, in lieu of tenant wall or permanent awning signs permitted under Section 9-3-8-M-10-a-(4), which face a public street or parking area and identify individual tenant spaces fronting an Outdoor Pedestrian Courtyard. These signs are subject to the sign size, height, and extension provisions specified in Section 9-3-8-M-10-a-(4) and they may be placed on the rear side of a building over a public mall entranceway which leads to an Outdoor Pedestrian Courtyard.

(b)

One wall sign, facing a public street or parking area, which relates to the name and/or use of the entire shopping facility, in addition to the signage permitted under Section 9-3-8-M-10-a-(3). These signs are subject to the sign size, height and setback requirements specified in Section 9-3-8-M-10-a-(3) and they may be placed on the rear side of a building over a public mall entranceway which leads to an Outdoor Pedestrian Courtyard.

The special use application shall contain information including, but not limited to, sign sizes, styles, locations, sources of illumination, colors, and compatibility with the shopping center for all signage for all tenants within the Outdoor Pedestrian Courtyard. Changes in the number of signs, the size of signs, or the location of signs shall require an amendment of the special use. A text change shall be allowed within the terms of the special use.

b.

Automobile Dealership Signs. The following signs shall be permitted for automobile dealerships:

(1)

Exempt signs as specified in Section 9-3-8-B of this Code.

(2)

Temporary and other special provisions signs as specified in Sections 9-3-8-K and L of this Code.

(3)

One wall sign provided such sign shall be attached to the building or wall and shall not extend more than 12 inches from the building nor higher than 25 feet above the adjacent grade. Wall signs attached to mansard roofs shall be located not more than 12 feet above adjacent grade. Wall signs may be illuminated. The sum of the surface area of all wall signs shall not exceed three square feet in surface area for each lineal foot of building front. The maximum surface area of any one wall sign shall not exceed 200 square feet. Corporate logos shall be a permitted wall sign. Building or store fronts that have more than one side facing a public street, or one side facing a public street and one side facing the parking area for said building or store front, may have two wall signs, one per wall, provided the total of both wall signs is equal to or less than the maximum permitted square footage for one wall sign, and that the second wall sign is not placed on any side adjacent to a residential dwelling unit or vacant property zoned residential or apartment except when separated by a dedicated public right-of-way of 150 feet or greater. A wall sign shall not be permitted on the rear side of a building.

(4)

One freestanding or ground sign not to exceed 20 feet in height. Such sign shall not exceed 125 square feet in surface area for a single face sign or 250 square feet in surface area for a multi-face sign, shall relate to the name and/or use of the facility or premises and may be illuminated. Such sign shall be set back a minimum of ten feet from any property line, and five feet from any interior roadway or pedestrian walkway.

(5)

Service bay identification signs, providing directions or instructions to customers visiting the establishment, provided such signs shall contain no advertising, logos or dealership identification and subject to the following requirements:

(a)

One service bay identification sign shall be permitted for each customer service bay entrance.

(b)

The sign shall be a wall sign.

(c)

The sign shall not exceed ten square feet in surface area and may be illuminated.

(d)

The sign shall not extend more than 12 inches from the building nor extend above the fascia or parapet line.

(6)

Other signs as provided for in Section 9-3-8-M-10-e (Other Signs Permitted on all Lots in Business Districts) of this Code.

c.

Automobile Service Station Signs. The following signs shall be permitted for automobile service stations:

(1)

Exempt signs as specified in Section 9-3-8-B of this Code.

(2)

Temporary and other special provisions signs as specified in Sections 9-3-8-K and L of this Code.

(3)

One wall sign per building provided such sign shall be attached to the building or wall and shall not extend more than 12 inches from the building nor higher than 25 feet above the adjacent grade. Wall signs attached to mansard roofs shall be located not more than 12 feet above adjacent grade. Wall signs may be illuminated. The sum of the surface area of all wall signs shall not exceed three square feet in surface area for each lineal foot of building front. The maximum surface area of any one wall sign shall not exceed 200 square feet. Corporate logos shall be considered a permitted sign. Building or store fronts that have more than one side facing a public street, or one side facing a public street and one side facing the parking area for said building or store front, may have two wall signs, one per wall. The total square footage of all wall signs shall be equal to or less than the maximum permitted square footage for one wall sign, and no wall sign shall be placed on any side adjacent to a residential dwelling unit or vacant property zoned residential or apartment except when separated by a dedicated public right-of-way of 100 feet or greater. A wall sign shall not be permitted on the rear side of a building.

(4)

One freestanding or ground sign not to exceed twenty feet (20') in height. Such sign shall not exceed 100 square feet in surface area for a single face sign or 200 square feet in surface area for a multi-face sign, shall relate to the name and/or use of the facility or premises, may be illuminated, and may include an area for the electronic display of fuel prices. Such sign shall be set back a minimum of ten feet (10') from any property line and five feet (5') from any interior roadway or pedestrian walkway.

(5)

One canopy sign provided such sign shall not extend more than 12 inches from the face of the canopy or extend above or below the canopy. Such signs shall not exceed ten square feet in surface area. Such signs located adjacent to residential or apartment districts shall not be illuminated unless separated by a right-of-way over 80 feet in width.

(6)

Under Canopy Identification Signs. An automotive service station may utilize "Under Canopy Identification" signs provided:

(a)

Such sign shall contain the business name or logo only.

(b)

One such sign may be attached to each pump unit or one such sign may be attached per two pumps to the canopy supports.

(c)

Such signs shall not exceed ten square feet in area per side. Signs may be displayed on no more than two sides. Signage shall be parallel to the face of the pump.

(d)

Such signs may be internally illuminated.

(7)

Fuel Pump Signage. Advertisement graphics may be attached, affixed or displayed from an automotive fuel pump provided the following conditions are met. Fuel pump signage does not require a sign permit:

(a)

No single graphic shall be larger than three square feet in area.

(b)

No sign or advertisement graphics may be placed on the non-face sides of the pump. Pump face shall be defined as that portion of the pump that most directly faces the pump user during typical operation.

(c)

All signs or advertisement graphics shall be confined to the actual dimensions of the pump.

(d)

LCD, cathode ray, or similar screens attached to an automotive fuel pump may be permitted, provided such signage shall not be decipherable from beyond the property or produce excessive glare.

(e)

The use of fuel pump speaker instructional systems may be permitted, as provided by in Section 10-5-3-O of the Village Subdivision Code.

(8)

Service bay identification signs, providing directions or instructions to customers visiting the establishment, provided such signs shall contain no advertising, logos or service station identification and subject to the following requirements:

(a)

One service bay identification sign shall be permitted for each customer service bay entrance.

(b)

The sign shall be a wall sign.

(c)

The sign shall not exceed ten square feet in surface area.

(d)

The sign shall not extend more than 12 inches from the building nor extend above the fascia or parapet line.

(9)

Service island instructional signs indicating the type of service offered, and other instructional information to assist customers using the facility provided such signs shall contain no advertising, logos or service station identification, and subject to the following requirements:

(a)

One service island instructional sign shall be permitted for each direction of approach for each island.

(b)

The sign shall not exceed five square feet in surface area and may be illuminated.

(c)

Special instructional signs mandated by units of government shall be exempt from the provisions of this Code (no smoking, state mandated instructional, etc.).

(10)

Car Wash Signs. Automotive service stations offering automatic car wash service may utilize signage to promote the service and provide direction and instruction to customers.

(a)

A detached car wash building may include one building wall sign. Such building wall sign may advertise the name of the station or the name of the car wash owner, if different from the gas station. Such sign may be illuminated but may not exceed three square feet of signage per linear foot of principal building frontage. Total building wall signage, including car wash building and principal building, shall not exceed 200 square feet. Wall signs shall be attached to the building or wall and shall not extend more than 12 inches from the building or higher than the building wall height or 25 feet above the adjacent grade, whichever is lower. Wall signs attached to mansard roofs shall be located not more than 12 feet above adjacent grade. No wall sign shall be placed on any side adjacent to residentially zoned property except when separated by a dedicated public right-of-way of 100 feet or greater. A wall sign shall not be permitted on the rear side of a building. The rear wall in this case shall be defined as that wall most opposite from the principle building front wall.

(b)

Car wash directional/instructional signage. A detached or attached car wash building may utilize directional or instructional signage. No sign shall contain advertisements, logos, or names, and shall be subject to the following:

(i)

Car wash directional instructional signage may be illuminated.

(ii)

Enter/exit. One enter/exit sign per entrance/exit.

(iii)

The use of car wash instructional outdoor speaker systems may be permitted, as provided by in Section 10-5-3-O of the Village Subdivision Code.

(11)

Other signs as provided for in Section 9-3-8-M-10-e (Other Signs Permitted on all Lots in Business Districts) of this Code.

d.

Other Business Uses. The following signs shall be permitted for all other individual lots other than designated shopping center outlots and those lots specified in Section 9-3-8-M-10 a (Shopping Center Signs), b (Automobile Dealership Signs) and c (Automobile Service Station Signs).

(1)

Exempt signs as specified in Section 9-3-8-B of this Code.

(2)

Temporary and other special provisions signs as specified in Sections 9-3-8-K and L of this Code.

(3)

One wall or permanent awning sign provided such sign shall be attached to the building or wall, not extend above the roof line, and a wall sign shall not extend more than 12 inches from the building, nor shall any sign be higher than 25 feet above the adjacent grade. Wall or permanent awning signs attached to mansard roofs shall be located not more than 12 feet above the adjacent grade. Wall or permanent awning signs may be illuminated. The sum of the surface area of all wall or permanent awning signs shall not exceed three square feet in surface area for each lineal foot of building front. The maximum surface area of a wall or permanent awning sign shall not exceed 200 square feet. Corporate logos shall be a permitted wall sign. Building or store fronts that have more than one side facing a public street, or one side facing a public street and one side facing the parking area for said building or store front, may have two wall or permanent awning signs, or a combination of the two, one per wall, provided the total of both signs is equal to or less than the maximum permitted square footage for one wall or permanent awning sign, and that the second wall or permanent awning sign is not placed on any side adjacent to a residential dwelling unit or vacant property zoned residential or apartment except when separated by a dedicated public right-of-way of 150 feet or greater. A wall or permanent awning sign shall not be permitted on the rear side of a building.

(4)

One freestanding or ground sign not to exceed 20 feet in height. Such sign shall not exceed 100 square feet in surface area for a single face sign or 200 square feet in surface area for a multi-face sign, shall relate to the name and/or use of the facility or premises and may be illuminated. Such sign shall be set back a minimum of ten feet from any property line, and five feet from any interior roadway or pedestrian walkway.

(5)

Other signs as provided for in Section 9-3-8-M-10-e (Other Signs Permitted on all Lots in Business Districts) of this Code.

e.

Other Signs Permitted on All Lots Within Business Districts. The following signs shall be permitted on all lots within the B-1, B-2, and B-3 Business Districts.

(1)

One freestanding menu board sign provided such sign shall not exceed six feet in height and 30 square feet in surface area for restaurants with drive through facilities. Such signs may be illuminated.

(2)

One stationary sign indicating time and temperature. Such sign shall not exceed 32 square feet in surface area if the sign is single face or 64 square feet in surface area if the sign is multifaced and may be illuminated. Such sign shall be attached to the building wall or included in a ground sign or freestanding sign. The square footage of such sign shall be in addition to the maximum size permitted for a wall sign, ground sign or freestanding sign as long as it does not increase the height beyond the maximum permitted.

(3)

Outdoor advertising sign directing the general public to real property for sale or lease other than that upon which the sign is located provided the real property is located within the Village and furthermore subject to the following requirements:

(a)

Such signs shall be located on unimproved property.

(b)

The signs shall observe a setback of ten feet from any property line and shall be located a minimum of 100 feet apart.

(c)

The signs shall not exceed 50 square feet in surface area if the sign is single face or 100 square feet in surface area if the sign is multifaced.

(d)

The signs shall not exceed ten feet in height.

(e)

The signs shall be restricted to the name and type of project or development, directional information and corporate logo.

(f)

The signs shall be removed within 30 days of the sale or lease of said property or within one year of the initial occupancy of 50 percent of the gross floor area of the improved property, whichever is less.

(g)

All such signs shall be maintained in good order and the Village is authorized to remove same at the expense of the owner if the sign is not so maintained.

(h)

Such signs shall be limited to one sign per development.

f.

In the B-3 Business District, monument signs, constructed primarily of stone, identifying the major entrances to the Prairie Stone Business Park and the street names within the Prairie Stone Business Park. Such signs shall follow the location and design standards as set forth in the Prairie Stone Signage Requirements approved under Ordinance No. 2469-1992. Existing signs may remain and no additional signs shall be permitted.

g.

In the B-3 Business District, existing signs that were legally permitted prior to January 1, 2013 may remain and may be re-faced, but such signs shall not be altered except for alterations that bring the entire sign into compliance with this Code.

11.

Signs in B-4 Business District. IN the B-4 Business District, no signs shall be erected except the following:

a.

Uses permitted under Section 9-8-4-B and Section 9-8-5-C shall be permitted signs as specified in Section 9-3-8-M-10 of this Code.

b.

Uses permitted under Section 9-7-6-B shall be permitted signs as specified in Section 9-3-8-M-9 of this Code.

12.

Signs In Manufacturing Districts (M-1, M-2). In Manufacturing Districts no sign shall be erected except the following and no sign shall be illuminated except as otherwise provided.

a.

Exempt signs as specified in Section 9-3-8-B of this Code.

b.

Temporary and other special provision signs as specified in Sections 9-3-8-K and L of this Code.

c.

One wall sign provided such sign shall be attached to the building or wall and shall not extend more than 12 inches from the building nor higher than 25 feet above the adjacent grade. Wall signs may be illuminated. The sum of the surface area of all wall signs shall not exceed three square feet in surface area for each lineal foot of building front. The maximum surface area of any one wall sign shall not exceed 200 square feet. Corporate logos shall be a permitted wall sign.

d.

One freestanding or ground sign not to exceed 20 feet in height. Such sign shall not exceed 125 square feet in surface area for a single face sign or 250 square feet in surface area for a multi-face sign, shall relate to the name and/or use of the facility or premises and may be illuminated. Such sign shall be set back a minimum of ten feet from any property line, and five feet from any interior roadway or pedestrian walkway.

e.

One stationary sign indicating time and temperature. Such sign shall not exceed 32 square feet in surface area if the sign is single face or 64 square feet in surface area if the sign is multifaced and may be illuminated. Such sign shall be attached to the building wall or included in a ground sign or freestanding sign. The square footage of such sign shall be in addition to the maximum size permitted for a wall sign, ground sign or freestanding sign as long as it does not increase the height beyond the maximum permitted.

f.

As a special use, signs in existence as of May 1, 1999, advertising a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises.

13.

Master Sign Plans in the Manufacturing Business, Office and R-9, F-1 and F-2 Commercial Subzone Districts.

a.

Exceptions and modifications to the General Sign Standards of Section 9-3-8 shall only be authorized in accordance with the Master Sign Plan procedures of this section, unless it can be demonstrated that it is not feasible, in which case variations may be requested in accordance with the variation procedures outlined in Section 9-1-15, provided, however, to allow for a transition period following adoption of this section, the process to request exceptions and modifications to the General Sign Standards of Section 9-3-8 may occur either a) in accordance with the Master Sign Plan procedures of this section; or b) in accordance with Section 9-1-15, Variations, through July 31, 2009. The application for Master Sign Plan approval shall be reviewed by the Planning and Zoning Commission, which shall make a recommendation to the Village Board of Trustees. For developments where there is new construction or substantial redevelopment, the Planning and Zoning Commission shall review ground sign placement, landscaping, and sign placement on building facades in conjunction with any required site plan review, and in such cases, if feasible, the recommendation of the Planning and Zoning Commission on the Site Plan, and the recommendation of the Planning and Zoning Commission on the Master Sign Plan shall be presented to the Village Board contemporaneously.

1.

The Master Sign Plan may include an individual property or multiple adjacent parcels. The application for approval of a Master Sign Plan shall include a narrative and graphic explanation of the following:

(a)

Number, location, type and placement of signs on the subject property;

(b)

Sign materials and methods of illumination; and

(c)

Height and size of signs and sign band areas.

2.

The Village Board of Trustees shall act to approve, approve with conditions or deny the application for Master Sign Plan approval.

3.

The Village Board of Trustees is authorized to approve the Master Sign Plan if it is determined that implementation of the Master Sign Plan will:

(a)

Result in architecture and graphics of a scale appropriate for the subject development and the surrounding area;

(b)

Provide signage consistent with the site plan and architecture of the project;

(c)

Avoid visual clutter;

(d)

Allow visitors, employees and consumers to readily identify the business entrances, while addressing the community's need for attractive, unobtrusive architecture and commercial graphics; and

(e)

Result in a unified theme of signage for the project.

4.

Changes to the content of a sign may be approved pursuant to the sign permit process provided for in Section 9-3-8-A. No other change to a sign included in a Master Sign Plan shall be made except as prescribed in the approved Master Sign Plan or as approved by the Village Board of Trustees in accordance with the Master Sign Plan approval procedures of subsection 9-3-8-M-12-a.

(Ord. No. 4220-2011, 1, 1-3-11; Ord. No. 4238-2011, § 4(Exh. B), 5-2-11; Ord. No. 4253-2011, § 1, 7-17-11; Ord. No. 4334-2012, §§ 2, 3, 9-24-12; Ord. No. 4335-2012, § 4, 10-1-12; Ord. No. 4351-2013, §§ 1—7, 1-14-13)

A.

Intent and Purpose. The purpose of this section is to provide the requirements for the siting and installation of communications antennas, wireless telecommunication facilities, satellite dishes, and communication towers. These requirements are intended to protect and promote public safety, community welfare, and the aesthetic quality of the Village consistent with the goals and objectives of the Communication Antenna Siting Policy adopted by the Village, while providing for managed development of wireless telecommunications infrastructure consistent with the Federal Telecommunications Act of 1996 and subsequent amendments, and related requirements in State law.

1.

Wireless Telecommunication Facilities. The siting and installation of antennas and wireless telecommunication facilities intended for public use including Cellular, Personal Communication Services (PCS), Distributed Antenna Systems (DAS), Microcells, Repeaters, and any other related wireless technology shall comply with the following.

a.

Antennas and wireless telecommunication facilities shall be permitted at the following preferred locations.

(1)

On Village-owned property, including existing municipal structures, such as water towers.

(2)

On existing non-Residential buildings, where the antenna(s) can be placed upon or mounted to the existing structure at a functional height without the need for elevating the antennas more than 10 feet above the height of the existing structure.

(3)

On existing light poles, flag poles or other structures not within 300 feet of a Residential District where the total height of the existing pole or structure allows the antenna to be installed at a functional height without the need for extending the height more than 10 feet above the height of the existing pole or structure.

b.

Antennas and wireless telecommunication facilities not in compliance with Section 9-3-9-A-1-a shall require a Special Use. Such facilities shall meet the Special Use Standards set forth in Section 9-1-18-I, as well as the following:

(1)

The applicant shall demonstrate in their Special Use application that preferred permitted locations under Section 9-3-9-A-1-a have been analyzed and that they are not practical for reasons other than cost.

(2)

Sufficient technical evidence shall be provided to demonstrate that the proposed location is essential to providing service in the subject area.

(3)

Antennas shall not be installed within 300 feet of any detached or attached one-family residential units unless the applicant can demonstrate that there are no other viable options for reasons other than cost.

(4)

Preference shall be given to the collocation of antenna facilities upon any existing site or structure where a communication antenna is currently located. For situations where collocation is not available in a location that would achieve a functional height, a solution involving alternative technology shall be considered to minimize impacts on the adjacent properties. Technical evidence shall be submitted to demonstrate the viability of alternative technologies.

c.

The base of any antenna and wireless telecommunication facilities shall meet the setback requirements of the principal structure.

d.

No part of any antenna or wireless telecommunication facilities shall extend beyond either:

(1)

Any horizontal lot line of the lot on which it is located; or

(2)

The vertical projections of the lot line of the lot on which it is located, under any condition, rotation or position thereof.

2.

Accessory Use Antennas and Communication Towers. The siting and installation of antennas, satellite dishes, and communication towers as an accessory use shall be permitted up to a maximum height of 45 feet above grade, and such facilities greater in height than 45 feet above grade shall be permitted only as a special use.

a.

Within any Residential District, the base of any antenna, satellite dish, or communication tower shall meet the setback requirements for accessory buildings within that district, and shall in no case be allowed in front yards, and an antenna shall not exceed one meter in diameter.

b.

Within any non-Residential district, the base of any antenna, satellite dish, or communication tower shall meet the setback requirements of the principal structure.

c.

No part of accessory use antennas, satellite dishes, communication towers, or related equipment shall extend beyond either:

(1)

Any horizontal lot line of the lot on which it is located; or

(2)

The vertical projections of the lot line of the lot on which it is located, under any condition, rotation or position thereof.

3.

Required Permits. In addition to the requirement that, where applicable, a special use be first obtained, pursuant to the provisions of this Code, for the establishment of an antenna and wireless telecommunication facility on a lot within any zoning district or subzone, a building permit shall be required for the construction, installation or erection of any antenna and wireless telecommunication facility.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11; Ord. No. 4364-2013, § 2, 4-15-13)

Editor's note— Ord. No. 4364-2013, § 2, adopted April 15, 2013, retitled § 9-3-9 from "Antennas and communication towers" to "Antennas and wireless telecommunications."

A.

Temporary Uses. The following temporary uses are subject to the specific regulations and time limits identified below and all regulations and requirements of any zoning district within which the temporary use is located.

1.

Sales/Rental Model Buildings. A temporary use permit may be issued within all Residential, Residential Planned Development and Apartment Districts for a temporary sales or rental office in a new subdivision or residential complex. A model home may be used as a temporary sales office. The office shall contain no sleeping or cooking accommodations. The permit shall be valid for not more than one year, but is renewable, provided, however, a sales office shall be removed upon completion of the development. Other associated improvements including, but not limited to fences, parking lighting, landscaping and architectural embellishments shall be permitted.

2.

Sales/Rental Mobile Office' Sales/Rental Mobile Offices shall be used by a developer to conduct business with the general public prior to the construction of a model unit. All offices shall require a temporary use permit for all zoning districts.

a.

Sales/rental mobile office, which is to be located on the property of said sales or rental units shall be subject to the following:

(1)

Installation of a mobile office shall occur only after the approval of a plat of subdivision (and site plan, if required) for property within the corporate limits of the Village of Hoffman Estates by the Village Board.

(2)

Sleeping or cooking accommodations shall not be permitted.

(3)

The sales/rental mobile office shall be removed when a model is completed or 180 days after construction of units has begun, or within 360 days of the issuance of the building permit for the mobile office, whichever comes first.

(4)

The sales/rental mobile office area shall be subject to site plan approval.

b.

Sales/rental mobile office, which will sell or rent units that are located on a site different than that of the mobile office shall be subject to the following:

(1)

A special use shall be required in accordance with the provisions of Section 9-1-18. The following items shall be submitted for consideration with the special use application:

(a)

An overall map identifying each area for sale or rent and the location of the office.

(b)

A summary of development for each site for which the mobile office may be used.

(c)

A timeline stating the anticipated opening and closing dates for the mobile office in conjunction with the anticipated start and completion date for each site that may be offered from the mobile office. A minimum number of days for the mobile office (both in active and inactive use) at each site shall be determined by the Village Board and specified in the special use.

(d)

In conjunction with the special use, the sales/rental mobile office shall be subject to site plan approval.

(e)

Any other information relevant to the Standards for a Special Use.

c.

The initial installation of the mobile office shall not occur prior to Village Board approval of the preliminary plat of subdivision (and the site plan, if required) for property within the corporate limits of the Village of Hoffman Estates for the site on which the product is being offered to the public.

d.

For each development site, following the completion of either a model, or 180 days after construction of a unit has begun, whichever comes first, sales/rent activity shall cease at the mobile office location. The Village Board shall establish the period of the time that the sales/rental mobile office may remain inactive.

e.

The office may reopen to market another site once said site has an approved preliminary plat of subdivision (and site plan, if required) for property within the corporate limits of the Village of Hoffman Estates. At no time shall an office and model be used to market the same site simultaneously. For the final site, the sales/rental mobile office shall be removed when a model is completed or 180 days after construction of units has begun, whichever comes first.

f.

The mobile office shall be located on a parcel that is contiguous to the development site, excluding railroads, streets or other rights-of-way, and both the development site and the mobile office site shall be owned by the same party.

g.

Sleeping or cooking accommodations shall not be permitted.

h.

All activity shall comply with Article 7 (Offenses and Punishments' Consumers' Residential Sales Centers).

3.

Construction Activities. A temporary use permit may be issued within all zoning districts for a contractor's temporary office and equipment sheds incidental to a construction project. The office or shed shall not contain sleeping or cooking accommodations. The permit shall be valid for not more than one year, but is renewable, provided however, the office or shed shall be removed upon completion of the construction project.

4.

All temporary uses must meet the setback requirements of a principal building in the district which they are located, and have an access area approved by the Director of Code Enforcement.

B.

Permit Required. A permit is required for a temporary use and is to be secured from the Department of Code Enforcement. An application for a temporary use permit shall contain the following information:

1.

A survey or legal description of the subject property.

2.

A description of the proposed temporary use.

3.

Information to determine the yard requirements, water and sanitary sewer facilities and availability of parking to service the proposed temporary use.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

General Requirements.

1.

Use Exclusions. No lot, parcel, or tract of land shall be used, and no building or structure shall be erected, altered, or remodeled for any of the following uses: fat rendering; fertilizer manufacture; fireworks or explosive manufacture or storage; dumping, reduction, or other processing of garbage, dead animals, offal or refuse, except as customarily incidental to a permitted principal use; ore reduction; petroleum processing or refining; pyroxylin manufacture; natural or synthetic rubber, caoutchouc (rubber), or gutta percha manufacture or treatment; salt works; sauerkraut manufacture; soap manufacture; smelters; stock yard or slaughter of animals or fowls; tallow, grease or lard manufacture or treatment; tanning, curing or storage of rawhides or skins; tar distillation, or manufacture; cement concrete or asphaltic concrete mixing plants; storage of materials of a fire and explosive nature except as incidental to manufacture; junk shop, junk yards or automobile wrecking yards.

2.

Fire and Explosive Material Exclusions. No activities involving the storage, utilization of manufacturing of materials or products which decompose by detonation shall be permitted, except such as are customarily incidental to the operation of a principal use in such quantities, and in a manner conforming with applicable performance standards set forth hereafter under Sub-section B of this section. Such materials shall include, but shall not be confined to: all primary explosives such as lead azide, lead styphniate, fulminates and tetracene; all high explosives such as TNT, RDX, HMK, PETN and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylide, tetrazoles, perchloric acid, perchlorates, chlorates, hydrogen peroxide in concentrations greater than 35 percent; and nuclear fuel; fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.

3.

Outside Storage.

a.

All activities involving the manufacturing, fabricating, assembly, disassembly, repairing, cleaning, servicing and testing of materials, products and goods shall be within completely enclosed buildings.

b.

Storage areas for equipment, raw materials, semifinished or finished products shall be enclosed by a screened wall or fence, including solid doors or gates thereto, not less than seven feet in height, but in no case lower in height than the enclosed storage.

c.

Such storage areas shall be confined to locations in the rear of the building erected on the premises, or at the side of said building and behind the front line of said building as extended, but not both. All walls or fences where they adjoin a road, street, or residential or apartment zoned area must be 100 percent enclosed.

d.

Anything stored outdoors that has a tendency to be windborne shall be effectively covered so as not to be windblown.

e.

All areas to be used for outside storage must be covered with a hard surface such as six inches of crushed rock, six inches of rock and two inches of asphalt or four inches of cement.

4.

Screening and Fencing. See Section 9-3-3.

5.

Architecture. Buildings in applicable districts shall be compatible to the architectural design of nearby areas. Such determination is subject to review and approval by the Planning and Zoning Commission and Village Board.

B.

Performance Standards. Any use established in an applicable district which involves the manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing, or testing of materials, goods, or products, shall be operated in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, vibration, glare, or heat for the district in which such use shall be located; and no use, already established on the effective date of this Code, shall be so altered or modified as to conflict with, or further conflict with such applicable performance standards for the district in which such use is located.

1.

Noise. No person, use or activity shall cause or allow the emission of sound beyond the boundaries of their property so as to violate any provision of Chapter 8: Noise Regulations, Illinois Pollution Control Board Rules and Regulations, or the Illinois Environmental Protection Act.

2.

Smoke and Particulate Matter. The emission of smoke or particulate matter in such manner or quantity as to endanger or to be detrimental to the public health, safety, comfort, or welfare, is hereby declared to be a public nuisance, and shall henceforth be unlawful. For the purpose of grading the density of smoke, the Ringlemann Chart, published and used by the United States Bureau of Mines, shall be employed. The emission of smoke or particulate matter of a density greater than No. 2 on the Ringlemann Chart is prohibited at all times, except as otherwise provided hereinafter.

The emission, from all sources within any lot area, of particulate matter containing more than ten percent by weight of particles having a particle diameter larger than 44 microns is prohibited.

Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads, and the like, within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing or acceptable means. Emission of particulate matter from such sources in excess of the weight limitation herein specified is prohibited.

The emission of more than eight smoke units per hour stack is prohibited, including smoke of a density in excess of Ringlemann No. 2. However, during one one-hour period in each 24 hour day, each stack may emit up to 16 smoke units when blowing soot or cleaning fires. Only during fire-cleaning periods, however, shall smoke of Ringlemann No. 3 be permitted, and then for not more than three minutes.

3.

Toxic or Noxious Matter. No use shall, for any period of time, emit into the atmosphere, store on-site, dispose on-site or discharge across the boundaries of the lot wherein it is located, toxic or noxious matter in such concentrations as to be detrimental to, or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.

4.

Odors. The emission of odorous matter in such quantity as to be readily detectable at any point along lot lines, or as to produce a public nuisance or hazard beyond lot lines is prohibited.

5.

Fire and Explosive Hazard. The BOCA Basic Fire Prevention Code (current edition) shall be applicable to all buildings, structures and appurtenances thereof.

6.

Vibration. Any operation or activity which shall cause, at any time and at any point along the nearest adjacent lot line, earth borne vibrations, (other than background vibrations produced by some source not under control of this Code, such as the operation of motor vehicles or other transportation facilities, in excess of the limits set forth in Column I is prohibited. In addition, any operation or activity which shall cause at any time and at any point along a residential or apartment district boundary line, earth borne vibrations in excess of the limits set forth in Column II is prohibited. Vibration shall be expressed as displacement in inches and shall be measured with a three component measuring system approved by the Village.

* Steady State vibrations, for the purpose of this Code which are continuous or, if in discrete pulses are more frequent than 100 per minute. Impact vibration, that is, discrete pulses which do not exceed ten impulses per minute, shall not cause in excess of twice the displacements stipulated.

7.

Glare or Heat. No use or activity shall be permitted which causes glare or heat to be transmitted or reflected in such quantities as to be detrimental or harmful to the use of adjacent properties.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

No dwelling unit shall be occupied as a community residence until an administrative occupancy permit has been issued by the Department of Code Enforcement. No administrative occupancy permit shall be issued for a community residence unless:

1.

The community residence or sponsoring agency has either obtained state licensing or certification or demonstrates eligibility for state licensing or certification. The Village may revoke an administrative occupancy permit for a community residence if its license or certification, or the operator's license or certification to operate community residences, is revoked. An administrative occupancy permit is not transferable to another operator or to another location; and

2.

The community residence is located at least 1,000 feet from any existing community residence, as measured from lot line to lot line.

B.

Community residences located within 1,000 feet of any existing community residence shall be permitted only as a special use, subject to Section 9-1-18 of this Code.

C.

Living arrangements for the disabled that do not provide for any support staff, or that are not state licensed will have occupancy determined as it is currently allowed in the Village's definition of family.

D.

Community residences shall be regulated by the requirements of the Village of Hoffman Estates Building Code.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Cultivation centers, infusers, infuser organizations, craft growers, processing organizations, or transporting organizations, as those terms are defined in the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) as amended and the regulations promulgated thereunder, are prohibited as a special use or a permitted use in all zoning districts.

B.

Cannabis dispensaries are only allowable within the Cannabis Dispensary Overlay Districts and only if in compliance with Section 9-11-2-B. The total number of special use permits issued by the Village of Hoffman Estates for cannabis dispensaries shall be limited to three.

(Ord. No. 4772-2019, § 3, 12-16-19)