Homer Village City Zoning Code
ARTICLE III
Signs
§ 228-18 Purpose.
The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs and outdoor signs of all types. It is intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, to provide more visual open space and to curb the deterioration of the community's appearance and attractiveness.
While signs are important to public welfare, the indiscriminate use of signs degrades the visual quality of a neighborhood and creates distractions, obstructions and hazards, and the purpose of this chapter is to prevent undesirable proliferations of signs.
This article is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with their surroundings.
Any material, structure or device or part thereof, composed of lettered or pictorial matter, which is located out of doors or on the exterior of any building or indoors as a window sign, displaying an advertisement, announcement, notice or name, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.
A sign which directs attention to a business, industry, profession, commodity, service or entertainment not conducted, sold or offered upon the same premises where the sign is located. Billboards are included in this definition.
Any sign which includes movement of light or text.
Any visual message incorporated into an awning attached to a building.
A sign on which the visual message may be manually changed.
A sign limited to providing information on the location of an activity, business or event.
Any sign not attached to or part of any building but separate and permanently affixed by any other means in or upon the ground.
Any sign illuminated by electricity, gas or other artificial light either from the interior or exterior of the sign, and which includes reflective, phosphorescent light and/or LEDs (light-emitting diodes).
A sign unrelated to a business or a profession conducted or to a commodity upon the premises where such sign is located.
Pertaining to a forthcoming public election or referendum.
A sign, designed to be movable and not permanently attached to the ground, or any structure.
A sign which is attached to the building wall or structure and which extends horizontally from the plane of such wall or a sign which is perpendicular to the face of such wall or structure.
A three-dimensional sign built so as to physically represent the object advertised.
A sign related to a single activity or event having a duration of no more than 30 days.
A listing of two or more business enterprises, consisting of a matrix and sign components.
The supports, uprights, bracing and framework for the sign. In the case of a "sign structure" consisting of two or more sides where the angle formed between any two of the sides or the projections thereof exceeds 30°, each side shall be considered a separate "sign structure."
The entire area within a single, continuous perimeter enclosing all elements which form an integral part of the sign. The structure supporting a sign shall be excluded unless the structure is designed in a way to form an integral background for the display. Both faces of a double-faced sign shall be included as surface or area of such a sign.
A sign painted or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall, not extending more than 15 inches from the wall face.
A sign visible from a sidewalk, street or other public place and painted or affixed on glass or other material to within 12 inches of the window.
§ 228-19 Permit required.
No permit for the erection or maintenance of a sign shall be granted by the Zoning Board of Appeals unless it finds that:
The presence of the proposed sign would not degrade the visual quality of the neighborhood;
The location of the proposed sign would not create a hazard of any nature to the public in general or to any adjacent owner or occupant; and
The proposed sign would not in any way interfere with the lawful use and enjoyment of a right-of-way or adjacent property.
No sign shall hereafter be erected, altered or relocated without a permit issued by the Code Enforcement Officer, except as otherwise permitted herein.
Application for a sign permit shall be made in writing by the owner, lessee or erector and be accompanied by a scale drawing showing dimensions, proposed design, the legend, colors, materials, structural details; and plot location of the proposed sign; specifications of lighting; and the names and addresses of the sign owner and erector. Lessee or erector applicants shall evidence approval of the owner for each application. The Code Enforcement Officer may require additional information to ensure compliance with the local laws of the Village. The Code Enforcement Officer shall issue a permit or a rejection of an application within 30 days of receiving the application. Should any work specified in the application for the permit not be completed in conformance with this article and within six months from the date of the issuance of the permit, the permit shall be null and void. It may be renewed for an additional fee as established from time to time by the Board of Trustees. Except for government signs, the nonrefundable fee for the issuance of a permit under this section shall be determined by the Board of Trustees and shall be payable at the time of application.
Permit application for all existing nongovernmental signs. The owner of an existing sign shall make written application for a permit in accord with the provisions of this section, except that a photograph may be submitted in lieu of a scale drawing and location map. Should the sign be found not to conform to the provisions of this article, the Code Enforcement Officer shall notify the applicant in writing, specifying in what respect the sign does not conform, and shall advise the applicant of the appeal procedure.
Duties of the Code Enforcement Officer and Village Clerk regarding signs.
It is the duty of the Code Enforcement Officer, upon the filing of an application for a permit, to examine such plans, specifications and other data submitted with the application and the related premises or building. The Code Enforcement Officer, upon determination that a violation of this article exists, shall notify the owner of the premises, in writing, to correct the violation or remove the sign within 30 days from the date of the notice.
§ 228-20 Signs permitted in all zoning districts without permit or fee.
Political signs are recognized as an essential form of political speech and therefore are permitted in all zones with the following qualifications:
The political sign must be set back from the roadway so as not to obstruct or distract a driver's or pedestrian's view.
Political signs in residential zoning districts shall be on private property; shall not exceed 12 square feet in area and shall not be closer than five feet to the property lot line.
Political signs in nonresidential zoning districts shall not exceed 32 square feet.
Political signs may not be posted on any building or land owned by the Village or the Town, nor are they allowed on trees, utility poles, hydrants, traffic signs or on sidewalks.
Political signs must be kept securely attached, clean, repaired and free from all hazards.
§ 228-21 Sign regulations enumerated by district.
Residential identifications: non-self-illuminated signs of up to one square foot in area per residence denoting the name and/or house number of the occupants of the premises only.
Community event signs. Temporary, nonilluminated signs advertising coming events, special sales, contests or promotional activities sponsored by a nonprofit organization may be erected without permit for a period not exceeding 30 days, provided that the consent of the property owner or occupant is obtained and that such signs are not attached to fences, trees, utility poles or the like and that such signs are not placed in such a position as may obstruct or impair vision or traffic or in any manner create a nuisance, hazard or disturbance to the health and welfare of the general public. All such signs must identify the name of the sponsoring person or organization and shall not exceed six square feet in area.
Real estate signs: one real estate ("for sale," "for lease" or "for rent") sign per lot, provided that the sign does not exceed six square feet in area per residential lot or 32 square feet in area per commercial/industrial lot, shall not be illuminated and shall not be nearer than five feet to the nearest lot line. Such sign shall be removed within seven days following the sale, lease or rent of the property. "Sold by" signs shall be removed within 30 days of removal of the property from the market.
Development signs: one sign advertising real estate developments or subdivisions, during the period of development. The sign may not exceed 16 square feet in area. Such signs may not be illuminated in any manner.
Home occupation signs: one sign per lot, which shall not exceed two square feet in area. Such sign must be stationary and not self-illuminated.
Public signs: signs erected by public schools, governmental agencies or public utilities pursuant to and in discharge of any official function or required by law, legislation or government regulation.
Private traffic direction signs: traffic, directional or warning signs which are necessary for the safety and direction of residents, employees, customers and visitors, whether in a vehicle or on foot, or any business, industry or residence. Such signs shall not carry the trademark or name of any business product and shall not exceed three square feet in area. Directional signs on painted or paved areas are exempt from these standards.
Institutional signs: signs setting forth the name or any simple announcement for any public, charitable, educational or religious institution, located entirely within the premises of that institution, up to an area of 16 square feet. If building-mounted, these signs shall be flat wall signs. If freestanding, the top shall be no more than eight feet above ground level.
Private historical or architectural designation signs: signs designed to provide information on the architectural or historical qualities of a structure, building or site, provided that such signs are limited to not more than one sign per structure, building or site and are no more than three square feet in area.
Village boundary and public affairs signs. Signs not exceeding six square feet in area indicating the meetings of civic organizations shall be erected as a group upon a common supporting structure.
Renovation signs. One temporary sign per lot, listing the architect, engineer, contractor or owner, may be placed on the premises where construction, repair or renovation is in progress, which sign must not exceed six square feet in area. Such signs must be removed within seven days after completion of the project.
Private auction or private sale signs. Private sale signs are permitted, provided that such signs are no more than six square feet in area and are on display no more than eight days.
Safety signs. Safety, hazard or danger signs are permitted. Removal of hazard signs emplaced by emergency services by unauthorized personnel is prohibited and subject to penalty (fee/fine schedule).
§ 228-22 Signs prohibited in all zoning districts.
All billboards and permanent off-the-premises signs.
No sign may have a visible moving part or moving pattern of lights or illumination of varying brightness.
Portable signs used by an individual, organization or business to promote events or products on a regular and ongoing basis are prohibited unless a permit is obtained from the Village Board of Trustees. Such temporary and portable signs may be used for single events seven days prior to the event and must be removed within 24 hours following said event.
§ 228-23 The following limitations shall apply.
No sign illumination shall be placed or directed so as to permit the beams or illumination therefrom to be directed upon any adjacent public or private premises so as to cause undue glare or reflection.
No illuminated sign located on a lot adjacent to or across the street from any residential district shall be illuminated after the close of business, unless the use to which the sign pertains is open for business.
With the exception of public service signs showing time and temperature, no sign shall have blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness, color or messages.
No sign or its illuminator shall be maintained at any location where, by reason of its location, size, shape, contents or color, it may obstruct, impair, obscure, interfere with a view to, mislead or confuse traffic.
Freestanding signs located near intersections shall be supported aboveground in such a way as to allow a clear view between traffic approaching within 50 feet of the intersection.
No freestanding sign shall be permitted between the sidewalk and the curb.
No sign shall be placed on a tree, fence or utility pole or painted on or otherwise directly affixed to any natural feature, whether on public or private property.
No sign shall project from the surface of the mounting wall in such a way as to obscure a neighbor's sign from the view of pedestrians and from approaching vehicles.
No building-mounted sign shall project above the eaves of the building nor be mounted on the roof.
All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.
All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.
The minimum setback for freestanding signs shall be 20 feet from any property line.
Portable signs. A new business or a business in a new location awaiting installation of a permanent sign may utilize a portable sign for a period of not more than 60 days or until installation of a permanent sign, whichever occurs first. Such a portable sign must meet all the construction standards of the municipality. A separate permit for such a portable sign shall be required.
Maximum surface area allowed. The total area for all signs for each street frontage shall not exceed three square feet per linear foot of building frontage.
For freestanding signs, the minimum setback required shall be five feet from the right-of-way lines and 10 feet from all other property lines.
National recognition and service signs, such as credit card and public telephone signs, shall be allowed without permit in addition to any other signs permitted in these districts. They shall be restricted to window or wall mounting.
Commercial or industrial development and shopping center signs. Where two or more separately owned commercial or industrial enterprises are located in a single building or buildings, connected or adjacent, which have been developed as part of a single integrated development or shopping center, the sign shall be either a joint identification sign or a business sign referring to one of the businesses within the plaza or development. The sign may be 100 square feet in area or less. Individual stores in the development shall be governed by the sign provisions for the Central Business District.
The total number of permitted signs on a single business or industrial lot shall not exceed two, of which only one may be freestanding.
In the PDD-R District, signs and displays are permitted to advertise or draw attention to customary home occupations and are limited to two square feet. All other signs are prohibited except for one sign announcing the residential district. Such sign shall not exceed 36 square feet in area and shall not be located closer than 20 feet to any lot line.
In the PDD-C District, no sign for any one lot or for the district as a whole shall exceed 100 square feet or be located closer than 20 feet to any lot line.
§ 228-24 Removal of signs.
If the Code Enforcement Officer shall find that any sign regulated in this article is not used, is abandoned, unsafe, the Code Enforcement Officer shall give written notice to the named owner of the land upon which it is located, who shall remove or repair the sign within 30 days from the date of the notice. If the sign is not removed or repaired within said time period, the Code Enforcement Officer shall revoke the permit issued for such sign and have it removed or repaired the sign and assess the owner for all costs incurred for such service.
The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed immediately and without notice.