Kenilworth City Zoning Code

GENERAL REQUIREMENTS

AND PROVISIONS FOR ALL DISTRICTS

§ 153.030 CERTAIN GENERAL REQUIREMENTS.

Except as specifically provided otherwise in this chapter:

(A) The regulations set by this chapter for each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land within the district;

(B) No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all of the regulations herein specified for the district in which it is located;

(C) No building or other structure shall hereafter be erected or altered, or in any other manner contrary to the provisions of this chapter:

(1) To exceed the height herein permitted;

(2) To have a smaller floor area than the minimum herein specified;

(3) To accommodate or house a greater number of families than the number herein permitted;

(4) To occupy a greater portion of lot area than that herein permitted; or

(5) To have narrower or smaller rear yards, front yards, side yards or other open spaces than those herein required.

(D) No accessory building or other structure shall be constructed or otherwise placed on any lot unless and until a permit for the principal building on the lot has been issued, and no accessory building or structure shall be permitted to remain on the lot in the event the permit is terminated or permitted to expire prior to the completion of the principal building.

(E) No part of a yard, or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

(F) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(Ord. 577, passed 4-14-1969)

§ 153.031 ROOMERS AND BOARDERS PROHIBITED.

The renting of rooms to roomers and the taking in of boarders is prohibited.

(Ord. 577, passed 4-14-1969)

§ 153.032 SPECIAL USES.

Special uses in any district may be authorized as provided in § 153.245.

(Ord. 577, passed 4-14-1969)

§ 153.033 PERMITTED OBSTRUCTIONS IN YARDS.

The following are permitted as obstructions in a yard, as defined in § 153.003, when located in the yard or yards indicated:

(A) In any yard.

(1) Eaves, gutters, downspouts, cornices or similar ornamental projections projecting not more than 12 inches into the required minimum yard;

(2) Trees, shrubs, fences, hedges, walls, arbors, trellises, poles and other accessories, ornaments and furniture customarily used in the yard (that is, front, side or rear, as the case may be), subject to compliance with height limitations and other requirements of this chapter and of all other applicable ordinances of the village;

(3) Removable awnings and temporary canopies;

(4) Open terraces without roofs which are not over one foot above the average level of the adjoining ground and open steps not more than four feet above grade; and

(5) Private driveways.

(B) In side yard.

(1) Open accessory off-street parking spaces, except, in the case of a corner lot, a side yard abutting a street or an approved private roadway; and

(2) Unscreened unenclosed porches or entry platforms projecting not more than four feet (including eaves, gutters, downspouts, roofs or canopies) into the required minimum yard.

(1) Detached accessory buildings and structures located in compliance with the provisions of this chapter, including §§ 153.076, 153.079 and 153.082;

(2) Unscreened unenclosed porches or entry platforms described in and conforming to paragraph(B)(2) above; and

(3) Open accessory off-street parking spaces, except that in the case of a corner lot, no parking space shall be located closer to the side lot line abutting a street than the number of feet equal to the minimum depth required for the side yard of the lot abutting a street.

(D) In front yard and side yard abutting a street.

Covered but otherwise open, unscreened and unenclosed front porches not exceeding one story in height, where a principal building setback line is established.

(Ord. 577, passed 4-14-1969; Ord. 946, passed 10-11-2005)

§ 153.034 FENCES.

(A) Permit required. No fence shall be constructed, reconstructed, enlarged or structurally altered upon or within any lot or parcel of ground within the village unless a permit therefor shall first be obtained from the Administrative Official. Application for a permit to construct, reconstruct, enlarge or structurally alter a fence shall be filed with the Village Manager on forms provided by the village and shall show the height of all parts of the fence, the materials to be used and other pertinent information and shall be accompanied by a map or drawing showing the location of the proposed fence and other structures on the lot as well as any existing fence along the same lot line on an adjacent lot. A fee shall be paid for each permit issued, in an amount as the Board of Trustees shall, by resolution, establish from time to time.

(B) Regulation. No fence shall be constructed, reconstructed, repaired, enlarged or structurally altered, and no permit therefor shall be issued by the Administrative Official, unless the fence conforms to the requirements of this section.

(C) Materials; construction. The design and construction of a fence shall be compatible with the appearance and character of the neighboring properties in the village. High quality materials and installation exhibiting clean lines and structural integrity are required. No fence shall be erected or maintained on any lot within the minimum front yard required for the lot by the zoning regulations, or, in the case of a side yard abutting a street, within the minimum side yard required for the lot by the zoning regulations, or otherwise along the street frontage line or lines of the lot, or along the side lot line or lines between the lot and the lot of another and within the street frontage setback area required for the lot by the zoning regulations, unless:

(1) If constructed of masonry, the fence is constructed with open areas equivalent to at least 30% of each square foot thereof;

(2) If constructed of materials other than masonry, the fence is constructed with open areas equivalent to at least 60% of each square foot thereof (exclusive of parts needed for structural support); or

(3) If the fence is constructed of wire, wire mesh or similar materials, visibility of the fence from public ways is minimized by a natural screen of sufficient height and density so as to render the fence inconspicuous to an observer from public ways during all seasons of the year.

(D) Fences in front yards. No fence exceeding four feet in height shall be erected or maintained on any lot within the minimum front yard required for the lot by the zoning regulations, or in the case of a side yard abutting a street, within the minimum side yard required for the lot by the zoning regulations, or otherwise along the street frontage line or lines of any lot, or along the side lot line or lines between any lot and the lot of another and within the street frontage setback area required by the zoning regulations.

(E) Fences in side or rear yards.

(1) No fence exceeding six feet in height shall be erected or maintained on any lot within the minimum side or rear yard required for the lot by the zoning regulations or along the side or rear lot lines between any lot and the lot of another. However, no fence along the side or rear lot line of any lot shall exceed, at any point, the actual highest point (excluding decorative elements permitted under subsection (F) below) of any portion of any existing fence along the same lot line on an adjacent lot unless the owner of the adjacent lot shall have given written consent (in form and substance satisfactory to the Administrative Official) to the construction of a higher fence.

(2) Notwithstanding whether or not the consent of the owner of the adjacent lot has been given, minor deviations by a fence from the actual highest point of any portion of an existing fence along the same lot line shall be disregarded as necessary to allow installation of the fence with a uniform, continuous profile over minor irregularities in the surface of the soil directly beneath the fence, provided that:

(a) No deviation shall affect more than 10% in linear footage (whether or not continuous) of the fence;

(b) No deviation from the actual highest point of any portion of the existing fence shall exceed three inches; and

(c) No deviation shall be permitted in any case where the natural grade of the surface of the soil has been raised or altered in order to avoid limitations on permitted height that would otherwise be applicable to a fence.

(F) Height determined.

(1) The height of any fence shall be measured from the average of the measurements from ground level on each side of the fence to the tallest point of any structural, decorative or other element incorporated into the fence (excluding decorative elements permitted under this subsection). Where there is no existing fence along the same side or rear lot line, minor deviations from the maximum permitted height of a fence shall be disregarded as necessary to allow installation of the fence with a uniform, continuous profile over minor irregularities in the surface of the soil directly beneath the fence, provided that:

(a) No deviation shall affect more than 25% in linear footage (whether or not continuous) of the fence;

(b) No deviation from the maximum permitted height shall exceed six inches; and

(2) Decorative elements, such as finials, on posts required for structural support may extend to a height of up to six inches in excess of the maximum height or tallest point allowed in this section for the fence or portion thereof supported by the posts.

(G) Installation. The “finished side” of a fence on any part of a lot abutting a street or public way shall face the street. The “finished side” of a fence on any part of a lot abutting an adjoining property shall face the adjoining property unless there is already a fence on the adjoining property. For purposes of this subsection the “finished side” of a fence shall be deemed to be the side not showing structural supports or the side designed or intended to be the most attractive in appearance. If revealed structural supports are an integral part of the design of the fence, the structural supports must be centered on the line of the fence or equally visible on each side of the fence.

(H) Nonconforming fences. It is declared to be in the public interest and the intent of this section to permit any fence lawfully existing as of the effective date of this section but which fails to conform to this section to continue to exist until removed or terminated, but not to encourage the survival or the enlargement or expansion thereof. Pending the removal of any nonconforming fence or the alteration thereof so as to conform to this section, no nonconforming fence shall be structurally altered or enlarged so as to increase the extent of any nonconformity. If any nonconforming fence is damaged, destroyed or deteriorated by any means, so as to require replacement or substantial restoration, the nonconforming fence shall not be rebuilt or restored unless the fence, as rebuilt or restored, shall conform to the requirements of this section. Ordinary repairs, maintenance or replacement of parts of any nonconforming fence, other than structural supports, may be undertaken.

(I) Exceptions. It is hereby declared to be in the public interest to encourage the preservation of old wrought iron fences and masonry gate posts and corner posts; any wrought iron fence and any masonry gate posts and corner posts may be replaced, reconstructed or repaired substantially in accordance with the original dimensions and design thereof notwithstanding any contrary provision of this section. The provisions of this section shall not apply to property in districts designated M-2, P or S. The maximum permitted height for any fence located on any lot along a rear or side yard lot line and adjacent to any property in districts designated M-2, P or S shall be one foot in excess of the maximum height otherwise stipulated in this section for the fence, notwithstanding any contrary provision of this section.

(J) Fence defined. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

FENCE. Includes any barrier or wall of posts, rails, gates and/or other members constructed of wood, metal, wire, masonry and/or other materials, placed or used in whole or in part as a boundary or as an ornamental feature or as means of protection, security, privacy or confinement, or otherwise serving the functions commonly ascribed to a fence, but shall not include any wall constructed of timbers, masonry or other materials for the principal purpose of maintaining a terrace or controlling erosion; or any natural growing hedge, shrub or other plant life.

(K) Natural vegetation in front yards.

(1) No natural growing hedge, shrub or other plant life that is placed or used in whole or in part as a boundary or barrier and as a means of protection or confinement with a height in excess of four feet shall be located within eight feet of:

(a) 1. The front lot line;

2. Any side lot line abutting a street;

3. The interior line of the corner sight triangle on the lot, with any hedge, shrub or other plant life along the line to be equally allocated to the front lot line and side lot line abutting a street; or

4. The interior line of any driveway sight triangle on the lot, with any hedge shrub or other plant life along the line to be allocated to the lot line on which the sight triangle is located, for a distance extending more than 30% of the front lot line or the side lot line, respectively.

(b) The side lot lines not abutting a street for a distance extending more than 30% of the side lot line within the required front yard or required side yard abutting a street.

(2) The distance of eight feet shall be measured from the centerline of the hedge, shrub or other plant life to the applicable lot line or interior line. This limitation shall not apply to the front yards or side yards of lots abutting Ridge Road or Sheridan Road. Any vegetation existing on the lot as of February 24, 2006 shall be considered legal nonconforming uses and, notwithstanding §§ 153.205 through 153.211, the vegetation may be replaced only if less than 75% of the vegetation boundary or barrier is damaged or destroyed.

(Ord. 577, passed 4-14-1969; Ord. 948, passed 2-13-2006; Ord. 1004, passed 9-8-2008)

§ 153.035 ANTENNAS AND ANTENNA SUPPORT STRUCTURES.

(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANTENNA. Any structure or apparatus, including a parabolic dish, mesh work or frame work, used for the purpose of transmitting or receiving microwave, radio or television signals or any other electromagnetic signals, together with all electrical connections therefor.

ANTENNA SUPPORT STRUCTURE. Any structure or apparatus utilized for the principal purpose of supporting an antenna.

BUILDING-MOUNTED ANTENNA. Any antenna mounted or affixed to the exterior roof, walls or other exterior part of a building or affixed to an antenna support structure affixed to the exterior roof, walls or other exterior part of a building.

EFFECTIVE SURFACE AREA. The area of the largest silhouette (flat plane) of an antenna, measured in square feet; the effective surface area shall be the area of the silhouette (flat plane) of each solid element of the antenna, with the area of each solid element being the product of the length of the element multiplied by the diameter or width of the element, plus the area of any spaces in the silhouette (flat plane) that are bounded by solid elements of the antenna.

GROUND-MOUNTED ANTENNA. Any antenna mounted on the ground or mounted on an antenna support structure mounted on the ground.

LICENSED ANTENNA. Any antenna capable of transmitting and receiving signals, the owner or operator of which is licensed by the Federal Communications Commission for the use for which the antenna is intended.

(B) Installation requirements. Except as otherwise provided in this section, no antenna or antenna support structure shall be installed, erected or maintained upon or within any lot or parcel of ground, or on the exterior of any structure located thereon, except in accordance with the following applicable requirements.

(1) All antennas and antenna support structures, regardless of size or type, shall conform to the following requirements.

(a) All parts of the antenna and antenna support structure, including attachments and wires, shall be located within the required setback lines specified in the zoning regulations. No antenna or antenna support structure, including guy or support wires, shall be installed in or extend into a front yard or side yard. No antenna or antenna support structure, including guy or support wires, shall be mounted on, attached to or supported by a wall, side or roof of a building which faces the front yard (or, in the case of a corner lot, a side yard abutting a street) of the property. All antenna and antenna support structure installations must comply with all other provisions of the zoning regulations and the village code, except that any ground-mounted antenna, including guy or support wires, may be located closer than ten feet to the principal building and closer than six feet to any other building on the same lot.

(b) No antenna with an effective surface area of greater than eight square feet nor any antenna or antenna support structure with any single dimension exceeding eight feet shall be mounted on, attached to or supported by a chimney or similar building appurtenance.

(d) All antenna support structures must be grounded or bonded to a grounding rod.

(e) Guy or support wires used in connection with any antenna or antenna support structure shall be shielded to a height of six feet above the ground by a plastic covering or other suitable material to prevent injury to persons.

(f) All antennas and antenna support structures and the installation thereof shall be designed to withstand a wind force of 80 mph without the use of supporting guy wires.

(g) All electronic cables leading from a ground-mounted antenna and its antenna support structure to any building shall be underground.

(h) The location and quality of the installation of the antenna and antenna support structure must be amenable to safe maintenance and must not present an attractive nuisance to children.

(i) The antenna and antenna support structure shall be installed in all respects in compliance with the manufacturer’s specifications.

(2) In order to maintain the character, heritage and atmosphere of the village and minimize the aesthetic effect of antennas and antenna support structures upon adjacent properties, all antennas, other than licensed antennas, with an effective surface area greater than eight square feet and all antennas and antenna support structures with any single dimension exceeding eight feet shall conform to the following additional requirements.

(a) The installation of the antenna and antenna support structure shall be compatible with the appearance and character of the neighboring properties in the village. High quality installation exhibiting clean lines and structural integrity are required.

(b) No antenna or antenna support structure shall be installed so that it is visible to an observer standing at any location on the surface of the front yard (and, in the case of a corner lot, in a side yard abutting a street) of the lot on which the antenna or antenna support structure is installed or the front yard of any property adjacent to the lot on which the antenna or antenna support structure is installed or the front yard (or in the case of a corner lot, in a side yard abutting the street) of any lot all or any portion of which is located directly across the street from the lot on which the antenna or antenna support structure is installed.

(c) The design and installation of the antenna and antenna support structure shall be such as to minimize its overall visibility from neighboring properties and public ways during all seasons of the year. In order to minimize the visibility of ground-mounted antennas a natural screen or fence shall be erected if not already provided, so as to provide maximum reasonably achievable screening as determined by the Administrative Official. The natural screen should be at least four feet tall when planted, with dense plantings spaced no more than two feet apart. A fence should also be at least four feet tall and shall conform to all provisions of the zoning regulations and the municipal code. Building-mounted antennas and antenna support structures shall be colored to blend with their surroundings to the extent reasonably practicable.

(d) The smallest practicable antenna and antenna support structure size shall be used in all applications.

(e) The highest point of any building-mounted antenna, including antenna support structure, shall not be higher than the highest point of the building upon which the antenna is to be mounted.

(3) All ground-mounted antennas, other than licensed antennas, and related antenna support structures shall conform to the following additional requirements.

(a) No ground-mounted antenna, combined with any related antenna support structure, shall have an effective surface area greater than 30 square feet.

(b) No part of any ground-mounted antenna or related antenna support structure (other than required guy wires) shall be closer to any property line than the height of the antenna, including the antenna support structure, measured at its highest elevation.

(c) The lowest point of any ground-mounted antenna, exclusive of its antenna support structure, shall not be more than two feet above the average elevation of the lot in which the antenna shall be installed or erected or on any ground or surface that has been raised, filled or landscaped for the purpose of circumventing the height restrictions of this section.

(4) Licensed antennas and related antenna support structures shall conform to the following additional requirements.

(a) No licensed antenna and related antenna support structure shall exceed 70 feet in height, in the case of a ground-mounted antenna, or 20 feet in height above the highest point of the building to which it is attached, in the case of a building-mounted antenna.

(b) No licensed antenna and related antenna support structure (other than required guy wires) shall be located nearer than one-half of the overall height of the licensed antenna and antenna support structure to an adjacent habitable building on any adjoining lot.

(1) No antenna with any single dimension exceeding eight feet or with an effective surface area exceeding eight square feet shall be installed, erected, moved, replaced, added to or structurally altered without a permit therefor issued by the Administrative Official in accordance with § 153.226.

(2) No antenna support structure with any single dimension exceeding 15 feet shall be installed, erected, moved, replaced, added to or structurally altered without a permit therefor issued by the Administrative Official in accordance with § 153.226.

(3) All permit applications for the installation, erection or maintenance of an antenna or antenna support structure shall be on forms provided by the village and shall be submitted to the Administrative Official accompanied by the following:

(a) Three sets of plans showing:

1. The proposed location of the antenna and antenna support structure on the subject lot;

2. The configuration of the subject lot, including elevations of the subject lot and the structures and any existing antenna and antenna support structure on the subject lot;

3. All structures on lots contiguous to, and across any street from, the subject lot;

4. All existing and proposed landscaping, fencing or other screening;

5. Plans and specifications for the installation, including antenna and antenna support structure and base configuration, mounts and foundation; and

6. Details of the structure on which any building-mounted antenna or antenna support structure is to be mounted.

(b) Manufacturer’s specifications for the proposed installation;

(d) Dimensions and configuration of the proposed antenna and antenna support structure and the components or elements thereof, including its height from the base and its maximum width and all other dimensions and details required to calculate effective surface area;

(e) Weight of the proposed antenna and antenna support structure;

(f) A letter from a registered structural engineer, or other evidence satisfactory to the Administrative Official, to the effect that the roof or other structure or foundation upon which the antenna or antenna support structure will be mounted will withstand torque loading at 80 mph winds;

(g) A plat of survey for the subject lot showing the location of all improvements thereon; and

(h) An application fee in the amount as shall be required for an application for a variance under the zoning regulations.

(4) The granting of any permit may be made subject to reasonable aesthetic considerations and safety conditions as the Administrative Official shall deem appropriate.

(D) Variations.

(1) In considering whether to grant variances for antennas and antenna support structures that fail to comply with the requirements of this section, the Zoning Board of Appeals shall first find the following, among other requirements as shall be required under § 153.244 or as the Zoning Board of Appeals shall deem pertinent:

(a) A satisfactory signal cannot be obtained with the antenna and antenna support structure in full compliance with this section;

(b) The inability to comply with this section is not due to the presence on the subject lot of any other antenna or antenna support structure;

(c) The antenna and antenna support structure shall be inconspicuous from the view of a ground observer from any viewing direction, during all seasons of the year, because of existing topographical features or landscaping of the lot or structural or architectural features on the structures thereon, or modifications that will be made thereto; and

(d) The antenna and antenna support structure are designed and mounted so as to withstand wind and other stresses to which it may be subjected without any threat to public safety.

(2) The granting of any variations may be made subject to reasonable aesthetic considerations and safety conditions as the Zoning Board of Appeals shall deem appropriate.

(E) Technical assistance. In connection with any application for a variance from the requirements of this section, the Zoning Board of Appeals shall be authorized, at the expense of the applicant for the variance, to retain or consult with independent experts if the Board shall deem it advisable to do so in connection with the evaluation of technical or engineering data and matters affecting public safety.

(F) Exceptions. The provisions of this section shall not apply to property in districts designated M-2, P or S.

(Ord. 577, passed 4-14-1969)

§ 153.036 ACCESSORY USES AND STRUCTURES.

(A) Authorization. Subject to the limitations of this section, accessory uses are permitted in any zoning district, and accessory structures are permitted in any zoning district other than the B Business District, in connection with any principal use lawfully existing within the district.

(B) Definition. For the purposes of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY STRUCTURE OR USE. A structure or use that:

(a) Is subordinate in extent and purpose to, and serves, a principal structure or use;

(b) Is customarily found as an incident to the principal structure or use;

(c) Contributes to the comfort, convenience or necessity of those occupying, working at or being served by the principal structure or use;

(d) Except as otherwise expressly authorized by the provisions of this chapter, is located in its entirety on the same zoning lot as the principal structure or use; and

(e) Is under the same ownership and control as the principal structure or use.

(C) Certificate of zoning compliance. When required by § 153.226, certificates of compliance evidencing the compliance of the accessory use or structure with the provisions of this chapter shall be obtained before any accessory use or structure is established or constructed.

(D) Special regulations applicable to particular accessory structures and uses. In addition to the requirements of subsection (E) below, the following regulations shall apply to particular accessory structures and uses.

(1) Storage. Outdoor storage shall not be allowed as an accessory use, except as otherwise expressly permitted by this chapter and except for the outdoor storage of materials such as firewood, compost and mulch.

(2) No accessory parking in single-family residential districts. Except when approved as part of a special use permit application, parking lots required for or accessory to any business use shall not be permitted on any lot in any single-family residential district.

(E) Use, bulk, space and yard regulations. Except as expressly provided otherwise in this section, every accessory structure and use shall comply with the use, bulk, space and yard requirements made applicable to them by the regulations of the district in which they are located.

(Ord. 1018, passed 6-22-2009)

§ 153.037 TEMPORARY USES.

(A) Authorization. Subject to the limitations of this section, temporary uses as hereinafter specified are permitted in the zoning districts hereinafter specified.

(B) Definition. For the purposes of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

TEMPORARY USE. A structure or use that:

(a) Is established for a fixed period of time with the intent to discontinue the use upon the expiration of the time; and

(b) Does not involve the construction or alteration of any permanent structure.

(1) Certificate required. Except as provided in paragraph(D)(1) below, no temporary use shall be established or maintained unless a certificate of compliance evidencing the compliance of the use with the provisions of this chapter shall have first been issued in accordance with § 153.226 of this code.

(2) Basis for certificate denial. A certificate of compliance may be denied if the Administrative Official determines that the applicant has failed to comply with the terms or conditions of any previously issued zoning certificate for a temporary use or that the permanent use of the subject property fails to comply in all respects with the provisions of all village ordinances regulating the development, use and maintenance of the property. A certificate shall be denied if the Administrative Official determines that the public health, safety or welfare would be, or may reasonably be expected to be, impaired by the issuance thereof.

(3) Conditions on certificate. A certificate of compliance may be conditioned upon special requirements as the Administrative Official may determine are necessary to achieve the purposes of this chapter and to protect the public health, safety and welfare.

(4) Revocation of certificate. A certificate of compliance shall be revoked if any of the standards and conditions imposed pursuant to this section, or the certificate, are violated.

(D) Permitted temporary uses. Subject to the specific regulations and time limits that follow and to the other applicable regulations of the district in which the use is permitted, the following temporary uses and no others are permitted in the zoning districts herein specified.

(1) Indoor and outdoor art, craft, rummage, plant, and sidewalk sales, shows and exhibits.

(a) In any business district; provided, however, that any use shall require the specific prior approval of the Administrative Official on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on other properties; and

(b) No sale shall exceed a period of three days.

(2) Tents. In any district other than a residence district, in connection with any permitted, accessory, or temporary use, no tent shall be allowed to remain for a period of more than 14 days. In any residence district, in connection with any permitted, accessory, or temporary use, no tent shall be allowed to remain for a period of more than seven days. However, in connection with any special use in a residential district, no tent shall be allowed to remain for a period of more than 21 days. For the purposes of this subsection, the following definition shall apply unless the context clearly indicates or requires a different meaning.

TENT. Includes awnings or canopies extending more than 72 inches from the exterior wall of a building.

(3) Civic uses of public property. In any district, any civic use of any public building or property when authorized by the governmental agency owning or controlling the property; provided, however, that no certificate of zoning compliance shall be issued for the use unless the Administrative Official finds that the use shall impose no undue adverse effect on neighboring streets or property.

(4) Open air markets.

(a) In the B Business District; provided, however, that any use shall require the specific prior approval of the Administrative Official on the basis of the adequacy of the parcel size, parking and sanitation provisions, available utilities and traffic access, as well as the absence of undue adverse impacts on other properties; provided further that no use shall be permitted unless the Administrative Official also finds that the use will contribute directly to the preservation and enhancement of an attractive and active business district;

(b) The uses shall not be permitted at any location more than once in any seven-day period or for more than eight consecutive hours; provided, however, that a single certificate of compliance per calendar year may be issued for a recurring open air market; and

(c) Unless waived in writing by the Administrative Official, open air markets shall comply with the applicable district bulk, space and yard requirements of this chapter.

(5) Outdoor storage of construction materials.

(a) In any district, when accessory to a construction project on the lot for which a valid building permit exists; and

(b) The materials shall be kept in a neat, safe and secure condition so as not to constitute a nuisance or offense.

(6) Outdoor cafés.

(a) In the B Business District; provided, however, that any use shall require the specific prior approval of the Administrative Official on the basis of adequacy of public access provisions, public health safeguards, litter controls and the absence of undue adverse impact on other businesses in the area;

(b) No outdoor café shall be permitted to operate for more than 60 days in any calendar year nor during more than one calendar year in every four years as a temporary use;

(c) Outdoor cafés may be operated upon the village sidewalks if the Administrative Official determines that there is adequate sidewalk space for the operation of the café and that the use of the public way by pedestrians will not be unduly impeded; provided, however, that appropriate approvals and permits for use of public ways or other property of the village for this purpose are also obtained pursuant to Chapter 97 of the village code.

(7) Pop-up store.

(a) In the B Business District; provided, however, that any use shall require the specific prior approval of the Administrative Official on the basis of adequacy of the parcel size, parking and public access provisions, public health safeguards, litter controls and the absence of undue adverse impacts on other properties in the area;

(b) No pop-up store shall be permitted to operate for more than 60 days in any calendar year.

(E) Bulk, space and yard regulations. Temporary uses are not required to comply with the bulk, yard and space requirements applicable in the district in which the temporary use is located.

(F) Use limitations.

(1) General limitations. Every temporary use shall comply with the limitations made applicable to specified temporary uses by subsection (D) above. No temporary use shall be permitted in any district if it would have a significant negative impact, including aesthetic impact, on any adjacent property or on the area, as a whole, in which it is located.

(2) Hours and days of operation. No temporary use shall be operated during any hours or on any days of the week except such as are designated by the Administrative Official in the certificate required by subsection (C) above, on the basis of the nature of the temporary use and the character of the surrounding area.

(3) Public safety. No temporary use shall be permitted that will result in an undue on-site or off-site threat to public safety. No temporary use shall be operated except in accordance with the restrictions and conditions as the Administrative Official may require in connection with the certification.

(4) Traffic. No temporary use shall be permitted if additional vehicular traffic reasonably expected to be generated by temporary use would have undue detrimental effects on surrounding streets and uses.

(5) Conflicts with other temporary uses. No temporary use shall be permitted if the use would conflict with another previously authorized temporary use.

(6) Parking. Before approving any temporary use, the Administrative Official shall make an assessment of the total number of off-street parking spaces that will be reasonably required in connection with the proposed temporary use, on the basis of the particular use, its intensity and the availability of other parking facilities in the area, and shall approve the temporary use only if off-street parking is provided. No temporary use shall be authorized that would, in the opinion of the Administrative Official, unreasonably reduce the amount of off-street parking spaces available for use in connection with permanent uses located on the zoning lot in question.

(7) Additional conditions. Every temporary use shall, in addition, comply with, and the Administrative Official may impose, other conditions as may reasonably be necessary to achieve the purposes of this chapter or to protect the public health, safety and welfare.

(Ord. 1018, passed 6-22-2009; Ord. 1048, passed 11-15-2010; Ord. 1057, passed 2-22-2011; Ord. 1318, passed 10-24-2022)

§ 153.038 WIND ENERGY SYSTEMS (WES).

(A) Purpose. The purpose of this section is to:

(1) Establish reasonable and uniform regulations for the location, installation, operation, maintenance, and decommissioning of building- mounted wind energy systems (BWES) and small wind energy systems (SWES);

(2) Assure that any development and production of wind-generated electricity in the village is safe and to minimize any potentially adverse effects on adjoining properties and the broader community;

(3) Facilitate the development and production of wind-generated electricity in the village in a manner consistent with the existing character of the village;

(4) Promote the supply of sustainable and renewable energy resources, in support of national, state and local goals; and

(5) Facilitate energy cost savings and economic opportunities for village residents and businesses.

(B) General regulations. Except as specifically provided otherwise in subsections (C) and (D), all WES shall comply with the general regulations set forth in this subsection.

(1) Compliance with laws. All WES shall comply with all applicable village, state and federal laws and regulations, including, without limitation, the provisions of this section, this chapter, and all village building ordinances and regulations.

(2) Compliance with permits. All WES shall comply with all applicable WES permits issued pursuant to this subsection, including, without limitation, all conditions imposed by the village as a condition of issuance of the permits.

(3) Interference with utilities, roads and neighboring properties. No WES shall be operated in a manner so as to interfere with any public right-of-way or any utility system in the village, or so as to interfere with the reasonable use and enjoyment of any other property in the village.

(4) General engineering regulations.

(a) All WES facilities shall be designed to withstand a minimum wind velocity of 100 miles per hour, with an impact pressure of 40 pounds per square foot.

(b) Each WES shall conform to all applicable industry standards, including, without limitation, the standards developed by the American National Standards Institute (ANSI).

(d) For turbines greater than 20 kilowatts (kw) of nameplate capacity, the seal of a structural engineer shall be required.

(5) General installation regulations; quantity.

(a) Not more than one WES is permitted on each lot.

(b) WES facilities must be installed according to manufacturer specifications.

(6) General sound level regulations.

(a) The average sound level produced by a WES shall not exceed a maximum of 50 dB(A) during daytime hours, and 40 dB(A) during nighttime hours on any nonparticipating property.

(b) No WES shall operate with an average sound level more than 5 dB(A) above the non-operational ambient level, as measured on any nonparticipating property.

(c) To limit the level of low-frequency sound, the average C-weighted sound level during WES operation shall not exceed the A-weighted ambient sound level by more than 20 dB.

(d) Sound level meters used for sound measurement must meet the requirements of a Type 2 or better precision instrument according to ANSI S1.4 (American National Standard Specification for Sound Level Meters), and must measure the average sound level using an integrating sound level meter that meets the requirements of ANSI S1.43 (American National Standard Specifications for Integrating Averaging Sound Level Meters). Measurement procedures must meet the applicable portions of ANSI S1.29. Average sound-level shall be calculated by time-averaging sound levels for a period of not less than one minute nor more than two minutes. Measurements shall not be made when ground level winds exceed ten miles per hour.

(e) For purposes of calculating sound levels, 5 dB(A) shall be added to the measured average sound level from a WES as a penalty when its sound emissions have an adverse character, as determined by the village’s Building Commissioner in his or her sole discretion, that includes, without limitation, prominent tones (such as, a humming sound) or an amplitude fluctuation in synchronicity with the blade revolution (such as, a periodic swishing sound).

(f) The village may require the owner of a WES as the village may determine necessary, and at the owner’s sole expense, to obtain field tests or sound propagation modeling, conducted or supervised by an acoustics specialist certified by the Institute of Noise Control Engineering, to determine whether a violation of this subparagraph is occurring or has occurred. In the event that a violation is occurring, the owner shall immediately discontinue operation of the WES and promptly remedy the violation.

(7) General shadow flicker regulations.

(a) No shadow flicker caused by any WES shall fall on any nonparticipating property:

1. At any time upon any building on a nonparticipating property that exists as of the date of first operation of the WES; or

2. For more than 50 hours in a calendar year upon any portion of the buildable area of the nonparticipating property.

(b) As a condition of any permit issued pursuant to this subsection, the village may require the applicant to commit to a schedule for turning WES turbines off, in order to ensure compliance with the applicable shadow flicker regulations set forth in this subparagraph.

(8) Cessation of operation in emergency. The owner of the WES shall be required to immediately cease operation of the WES for the duration of any emergency, as determined by the Village Manager or his or her designee. For purposes of this paragraph, an emergency shall mean a condition or situation caused by the WES or a natural or manmade disaster that presents an imminent physical threat of danger to life or significant threat to property.

(9) Electronic interference. WES facilities shall not be operated so as to cause electromagnetic degradation in performance of microwave, television, radio, internet or other wireless transmissions, including public emergency communications systems, in a manner contrary to FCC regulations or other federal, state or local laws. For purposes of this paragraph, “degradation in performance” shall be determined in accordance with the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electrical Industries Association.

(10) Maintenance.

(a) WES facilities shall be maintained in operable condition at all times, except for reasonable maintenance and repair outages.

(b) Should a WES become inoperable, or should any part of the WES become damaged, or should a WES violate a permit condition, the owner of the WES shall cease operations immediately and remedy the condition within 90 days after receipt of a notice from the village manager or his designee regarding the condition; provided, however, that if the condition presents an immediate threat to the public health, safety, or welfare, the owner of the WES shall remedy the condition promptly.

(11) Decommissioning.

(a) A WES that is not in operable condition for a period exceeding 120 consecutive days shall be deemed abandoned. The owner of an abandoned WES and the owner of the property on which the WES is located shall cause the removal of all WES structures and facilities within 60 days after receipt of a notice of abandonment from the village.

(b) Any abandoned WES that is not removed within 60 days after receipt of a notice of abandonment shall be deemed a public nuisance, which nuisance the village shall have the right, but not the obligation, to summarily abate by removing such WES at the joint and several expense of the owners of the WES and of the property on which the WES is located. In the case of such removal, the village shall have the right, but not the obligation, to file a lien for reimbursement of any and all expenses incurred by the village in connection with the removal, including, without limitation, attorney fees and accrued interest.

(1) Permitted locations. Building-mounted wind energy systems are allowed as a special use on a property located in any zoning district, and only upon issuance of a special use permit in accordance with the following:

(a) The owner of the property on which the BWES is proposed to be installed shall submit an application for a special use permit in accordance with § 153.245 and 153.247(D)(10).

(b) Upon the approval of a special use permit for the BWES pursuant to this section, the village shall record the maintenance covenant submitted pursuant to § 153.247(D)(10)(a)6. with the Recorder of Deeds of Cook County, Illinois.

(2) Type. The BWES may be either a vertical axis wind turbine or a horizontal axis wind turbine.

(3) Use and energy production restrictions. A BWES must be an accessory use to the principal use on the lot on which it is located. The primary purpose of the BWES shall be the production of energy for local distribution and consumption on the lot on which the BWES is located. A BWES shall not be constructed for the sole purpose of energy production for wholesale or retail sale purposes; provided, however, that excess energy produced by an BWES may be sold to a local electric utility company.

(4) Installation. BWES devices may be structurally attached either on the roof or on the side of a principal building or detached garage, if in accordance with the village’s building and construction regulations.

(5) Setbacks. All portions of all BWES (including, without limitation, the blades of any turbines) shall comply with the generally applicable setback restrictions for the zoning district in which the BWES is located.

(6) Height. No portion of any BWES shall extend more than ten feet above the highest point of the building on which it is mounted, and in no circumstance shall exceed 45 feet in height.

(7) Diameter. Unless authorized pursuant to a special use permit, the maximum diameter of a BWES shall not exceed the lesser of ten feet, or 20% of the width of the front elevation of the building on which the BWES is mounted.

(8) Color and sun glint. BWES facilities shall be finished in a neutral color. The finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the BWES.

(9) Signage. No BWES shall have any advertising material, writing, picture, or signage, other than warning information or manufacturer identification.

(10) Environmental impact. In order to reduce potential bird perching and nesting, all structures used for BWES facilities shall be designed as enclosed tubular structures with pointed tops (monopoles), rather than lattice structures, unless alternative mitigation strategies are otherwise approved by the village.

(11) Sworn statement. Not less than once every 12 months, the owner of each BWES shall submit to the village a sworn statement that the operation and maintenance of the WES has been performed in compliance with all applicable directions issued by the manufacturer thereof, along with supporting evidence as may be requested by the village.

(D) Small wind energy systems (SWES).

(1) Permitted locations. A SWES is allowed as a special use on a property located in any zoning district, and only upon issuance of a special use permit in accordance with the following:

(a) The owner of the property on which the SWES is proposed to be installed shall submit an application for a special use permit in accordance with §§ 153.245 and 153.247(D)(10).

(b) Upon the approval of a special use permit for the SWES pursuant to this subsection, the village shall record the maintenance covenant submitted pursuant to § 153.247(D)(10)(a)6. with the Recorder of Deeds of Cook County, Illinois.

(2) Type. The SWES may be either a vertical axis wind turbine or a horizontal axis wind turbine.

(3) Use and energy production restrictions. A SWES must be an accessory use to the principal use on the lot on which it is located and shall not be permitted as a principal, “stand-alone” use. The primary purpose of the SWES shall be the production of energy for local distribution and consumption on the lot on which the SWES is located. A SWES shall not be constructed for the sole purpose of energy production for wholesale or retail sale purposes; provided, however, that excess energy produced by an SWES may be sold to a local electric utility company.

(4) Height. No portion of any SWES shall exceed 45 feet in height. No SWES may have a blade tip that, at its lowest position, is less than 15 feet above ground level at the base of the SWES.

(5) Setbacks. All portions of all SWES (including, without limitation, the blades of any turbines) shall comply with the generally applicable setback restrictions for the zoning district in which the SWES is located and with the following additional setback restrictions, to be measured from the base of the SWES tower:

(a) A SWES may not be constructed within or over any utility, water, sewer, or other type of recorded easement.

(b) A SWES may not be constructed within 10 feet from a top bluff edge or on a bluff of Lake Michigan.

(c) A SWES shall be set back from all lot lines, third party transmission lines, and communication towers a minimum distance equal to 110% of the height of the SWES.

(d) Guy wires and anchoring systems for a SWES shall not be located closer than 30 feet from any lot line or public right-of-way.

(e) No SWES may be located in the front yard or required side yard of any property.

(6) Diameter. Unless authorized pursuant to a special use permit, the diameter of a SWES shall not exceed ten feet.

(7) Color and sun glint. All SWES facilities shall be finished in either off-white, light gray or another neutral color. The finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the SWES.

(8) Signage.

(a) No SWES shall have any advertising material, writing, picture, or signage other than warning signage, turbine tower identification, or manufacturer or ownership information.

(b) Except for meteorological and weather devices, or bird flight diverters on guy wires, no flag, decorative sign, streamers, pennants, ribbons, spinners or waiving, fluttering or revolving devices shall be attached to any portion of the SWES.

(c) One or more warning signs, no less than 18 square inches and no greater than two square feet in area, shall be posted at the base of an SWES tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the emergency telephone number of the owner of the SWES.

(d) The sign area of any sign displaying the manufacturer’s identification or ownership information shall be no larger than one square foot.

(9) Climb prevention. The base of the tower shall not be climbable for a vertical distance of 15 feet from the base, unless the tower is enclosed with a locked barrier that is at least eight feet in height.

(10) Lighting.

(a) SWES facilities shall comply with all applicable FAA lighting regulations and any other federal, state or village lighting regulations.

(b) SWES facilities shall not be artificially lighted except as expressly required by the FAA or as necessary for the safety of personnel performing maintenance of, or repairs to, the facilities. Any such artificial lighting shall be shielded so that no glare extends beyond the property lines of the property on which the SWES is located.

(d) In order to reduce the impact on local wildlife, only red, dual red-and-white strobe, strobe-like, or flashing lights shall be used for SWES facilities.

(11) Environmental impact.

(a) SWES facilities, and the property on which such facilities are located, shall be maintained in accordance with the environmental plan submitted pursuant to § 153.247(D)(4).

(b) In order to reduce potential bird perching and nesting, all towers used for SWES facilities shall be designed as enclosed tubular structures with pointed tops (monopoles), rather than lattice structures, unless alternative mitigation strategies are otherwise approved by the village.

(12) Burial of electrical wires. All electrical wires and lines connecting to the SWES facilities shall be installed underground and their location shall be reported to the village.

(13) Sworn statement. Not less than once every 12 months, the owner of each SWES shall submit to the village a sworn statement that the operation and maintenance of the WES has been performed in compliance with all applicable directions issued by the manufacturer thereof, along with supporting evidence as may be requested by the village.

(E) Indemnification. Each special use permit for a WES shall be subject to at least the following: The owner of each WES, and the owner of the property on which the WES is located, shall jointly and severally defend, indemnify and hold harmless the village and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever including attorneys fees arising out of any permit, approval, inspection, or other act or omission of the village, or any acts or omissions of the owners concerning the operation of the WES project without limitation, whether said liability is premised on contract or on tort.

(F) Subsequent development. No WES that is constructed and operated in compliance with this subsection shall be deemed to be in violation of this subsection solely as a result of any construction on any nonparticipating property that occurs after the first date of operation of the WES.

(Ord. 1082, passed 5-21-2012)

§ 153.039 ADULT-USE CANNABIS BUSINESS ESTABLISHMENTS PROHIBITED.

Adult-use cannabis business establishments are prohibited in all zoning districts as either principal or accessory uses.

(Ord. 1270, passed 10-26-2020)

§ 153.045 STATEMENT OF PURPOSE AND INTENT.

The following statement of purpose and intent is hereby adopted:

(A) The purpose of this part is to:

(1) Establish a comprehensive system of sign regulation which accommodates and balances the need for a well-maintained, safe and attractive community with the need for effective communication and business identification within the village as an important means by which to preserve the village as a desirable community in which to live and do business.

(2) Encourage high quality and excellence in the design of signs throughout the village so as to promote and enhance the beauty and aesthetic character of the residential neighborhoods and protect residential property values.

(3) Encourage high quality and excellence in the design of signs in the “B” Business District to promote and enhance the village’s ability to attract new sources of economic development and protect property values in the “B” Business District.

(4) Promote the public health, safety and general welfare through reasonable, consistent and non-discriminatory sign regulations.

(B) This part is further and more specifically intended to:

(1) Protect, conserve and enhance the natural beauty of village landscape, parks and beaches and the aesthetic quality of the village’s tranquil and historic residential neighborhoods, so as to preserve the unique character of the community and to protect property values within the village.

(2) Establish standards relating to the time, manner, placement and physical characteristics of signs within the village to ensure that they are adequate to meet essential communication needs within the village while safeguarding the rights of the public and individual residents to a safe, healthful and attractive environment free of visual clutter or litter.

(3) Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain.

(4) Protect community aesthetics and property values by ensuring that signs are in harmony with nearby buildings, neighborhoods and conforming signs and by precluding signs that create a nuisance to the nearby properties or neighborhoods as a result of their size, height, illumination, brightness or movement.

(5) Encourage the pedestrian-friendly nature of the village’s single, small business district and enhance the aesthetics of the business district by curtailing the size, height and number of signs and regulating the design, quality and quantity of graphic sign elements to the minimum necessary to identify business locations and the nature of the businesses.

(6) Restrict signs which distract or obstruct the vision of motorists, bicyclists and pedestrians in the “B” Business District, so as to minimize unsafe visual or auditory distractions that might otherwise arise from the unnecessary or confusing proliferation or placement of signs or from the excessive illumination, height, size, movement or noise of signs competing for the attention of motorists, pedestrians and bicyclists.

(7) Ensure that all signs in the “B” Business District are proportioned to the scale of, and are architecturally compatible with, existing land use, buildings and nearby residential neighborhoods.

(8) Protect property values by precluding, to the maximum extent possible, signs that create a nuisance to the occupancy or use of adjacent properties as a result of their size, height, illumination, brightness or movement.

(9) Preserve the historically subtle and understated lighting present throughout the village by regulating sign illumination.

(10) Protect the right to express non-commercial opinions in all zoning districts, subject to balanced and reasonable restrictions on the size, height, location, timing and number of signs so as to safeguard the right of all residents to a safe, healthful and attractive environment free of visual clutter.

(11) Regulate the secondary effects of speech insofar as they adversely affect community aesthetics and traffic, and bicycle and pedestrian safety, rather than to censor speech or regulate viewpoints.

(12) Assure that all signs in the village are designed, constructed, installed, and maintained in safe condition, and that portable, disposable temporary signs do not become unsightly litter or pose a hazard to traffic or pedestrians.

(Ord. 1057, passed 2-22-2011)

§ 153.046 TITLE AND SCOPE.

This part shall be known as, and may be cited as, the “Kenilworth Sign Code”. The “Kenilworth Sign Code” governs and controls the location, erection, use, display, design, size, materials, construction, installation, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs and sign illumination within the village visible from any street, sidewalk, or public or private common open space and is in addition to the provisions of the building and construction regulations applicable to the location, construction, installation, operation, maintenance, and electrical wiring of signs and sign illumination and the provisions of, in any non- residential district and for any special use in any residential district, the appearance plan, and, in the Business District, the Kenilworth Design Guidelines— Business District, applicable to signs.

(Ord. 1057, passed 2-22-2011; Ord. 1098, passed 4-29-2013)

§ 153.047 COMPLIANCE REQUIRED.

It shall be unlawful to locate, erect, use, display, construct, install, enlarge, expand, alter, operate, maintain, relocate or remove any sign or sign illumination in any zoning district except in conformance with the regulations of this part.

(Ord. 1057, passed 2-22-2011)

§ 153.048 DEFINITIONS.

For the purposes of this part, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED SIGN. A permanent sign which advertises, identifies or informs of a business, service or use no longer being conducted on the lot on which the sign is located, or on the premises to which the sign relates, and which has been discontinued for a period of 30 days or longer.

ADDRESS SIGN. A permanent sign using numerals to identify the location of a business, residence, building or structure and such other location information required by statute or government order, rule or regulation.

ADVERTISING. Text and/or graphics on a sign promoting or offering for sale products, goods or services.

A-FRAME SIGN. A daily-display temporary portable sign, usually with two sign faces in the shape of an “A”, “T”, or “I”, or a box on wheels, or a circular form, intended for daily display or one-day display on the ground, not permanently attached to any structure and easily movable.

ALLOWED SIGN. Any sign allowed to be located, erected, used, displayed, constructed, installed, enlarged, expanded, altered, operated, maintained, relocated or removed within the village in conformance with the regulations of this part.

ARCHITECTURAL DETAIL SIGN. A permanent wall or monument sign which is carved or etched into the façade of a building or independent structure or otherwise incorporated into an architectural element of a building or structure, masonry façade, archway, pillar or fountain and integrated into and subordinate to the overall design of the architectural element.

AWNING. A permanent structure consisting of a metal frame covered with canvas, fabric, vinyl or other similar flexible material attached to a building and extended over windows or doors or along a public sidewalk as a protection from the elements.

AWNING SIGN. A permanent sign painted, printed or otherwise permanently affixed to an awning. An awning that is considered an architectural element of a building and is not used for identifying the premises or the goods or services sold on or off the premises is not considered a sign.

BANNER SIGN. A short-term temporary portable sign printed or displayed on fabric, canvas, vinyl or other flexible material with or without an enclosing frame, or intended to be attached or suspended at two ends or continuously across the top and bottom or the long side.

BARBER POLE SIGN. A permanent wall or window sign in the shape of a cylindrical pole in a traditional red, white and blue spiral striped design that identifies the premises as a barber shop.

BILLBOARD SIGN. An off-premises commercial message sign.

BOOSTER SIGN. A temporary or short-term temporary portable sign celebrating or acknowledging athletic, community, civic, philanthropic, religious or educational programs, teams, seasons, events or the like.

CANOPY. Any permanent structure consisting of a metal frame covered with canvas, fabric, vinyl or other similar flexible material attached to a building for the purpose of shielding an entrance to the residential portion of the building from the elements.

CANOPY SIGN. A permanent sign painted, printed or otherwise permanently affixed to a canopy.

CHANGEABLE MESSAGE SIGN. A permanent sign intended to be frequently altered mechanically or by hand using characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign designed to allow plaques to be replaced occasionally is not a changeable message sign.

CIVIC EVENT SIGN. A short-term temporary portable sign announcing a community, civic, philanthropic, religious, educational or similar event of interest to the community.

COMBINED SIGN AREA. The aggregate total square footage of permanent commercial message signs allowed per occupant in the “B” Business District including any combination of wall, window, projecting, awning and monument signs. The square footage of any exempt signs is not included when calculating combined sign area.

COMMERCIAL MESSAGE SIGN. A sign that announces or offers for sale products, goods or services, or that announces or directs attention to a business, product, service, profession, commodity or other commercial activity or that proposes a commercial transaction.

CONSTRUCTION SITE SIGN. A temporary sign displayed on the site of ongoing construction.

DAILY-DISPLAY TEMPORARY SIGN. A sign not permanently installed, affixed or mounted and not intended for a permanent use, which is intended for daily display or one-day display by a business, entity, institution, organization or event during customary operating hours.

DEMOLITION SITE SIGN. A temporary sign in the B, R-1, R-2, R-3, or R-4 zoning districts providing notice of a Building Review Commission meeting to review a demolition application for a building pursuant to the building and construction regulations.

DIGITAL SIGN or ELECTRONIC VARIABLE CHANGING SIGN (“EVCS”). Any electronically programmed variable changing permanent sign depicting action, motion, light or color changes through full motion video, electrical or mechanical means, or which uses a digital or dynamic display device to present the visual image, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. A digital sign or EVCS includes, without limitation, any sign which incorporates a flashing, blinking or animated display, or an electronic display with rotating panels, or LED lights manipulated through digital input, or “digital ink,” or any other method or technology that allows the sign face to present a series of images or displays, or digital images of any kind projected onto a sidewalk, wall or fence. A digital sign or EVCS also includes any sign that incorporates television screens, plasma screens, digital screens, flat screens, LED screens, HD screens, 3-D technology, video boards and/or holographic displays or the like to attract attention.

DILAPIDATED SIGN. A permanent sign which is otherwise structurally sound, but is in need of painting, maintenance or repair.

DIRECTORY SIGN. A permanent sign, not advertising, which identifies the location of occupants of a building or a group of buildings on the lot on which it is displayed.

ELECTION SIGN. A temporary portable sign announcing or supporting political candidates or issues in connection with any national, state or local election.

EXEMPT SIGN. An allowed sign for which no building permit and certificate of appropriateness is required prior to its location, erection, use, display, construction, installation, enlargement, expansion, alteration, operation, maintenance, relocation or removal.

EXTENSIONS, CUT-OUTS, or EMBELLISH- MENTS. Physical extensions to a permanent sign or its structure that extend beyond the sign area or sign face to draw attention to a sign message.

EXTERIOR ILLUMINATED SIGN. A permanent sign, any part of which is illuminated from an external artificial light source mounted either on the sign, on another structure or on the ground.

FAÇADE. The front of a building facing a public way.

FLAG. Any fabric or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, business, church, school, institution or other entity, and designed to be flown or hung as a flag.

FLASHING or BLINKING SIGN. A sign which produces intermittent illumination, including, without limitation, revolving or rotating lighting; blinking or flashing lighting; constant lighting whereby the brilliance, intensity or color is varied by mechanical or other means; traveling or chasing lights or chaser border; or rotating beacons or searchlights. A sign with reflective paint or tape which is intended to be intermittently illuminated by independent light sources (such as street lights, headlights or traffic lights) is a flashing or blinking sign.

FREE EXPRESSION MESSAGE. Any noncommercial viewpoint or free speech message on a sign of a political, religious or ideological nature.

FREE EXPRESSION SIGN. A sign containing only a free expression message.

FREESTANDING SIGN. A sign supported by one or more vertical pole(s), support(s), pipe(s), wooden or metal beam(s) or post(s), standing on or inserted into the ground independent of any other building or other structure.

FRONT FAÇADE. The first floor wall area façade parallel or most nearly parallel to the public street.

GOVERNMENTAL SIGN. A sign erected, displayed and maintained pursuant to and in discharge of any governmental function or required to be displayed and maintained by any law, ordinance, rule or regulation.

HAZARD or NO TRESPASSING SIGN. A sign either informing the public of a danger or hazard existing on, or adjacent to, the lot on which it is located, or issuing a warning to trespassers.

HOLIDAY DECORATIONS. Temporary portable signs in the nature of decorations, incidental to and customarily associated with, any national, state, local, cultural or religious holiday.

ILLEGAL SIGN. A sign located, erected, used, displayed, constructed, installed, enlarged, expanded, altered, operated, maintained or relocated in violation of the regulations set forth in this part.

INCIDENTAL SIGN. A small sign, emblem or decal, not advertising, informing the public of an incidental service or activity available or occurring on the premises, including, without limitation, a credit card acceptance sign, a sign indicating hours of business, a sign prohibiting solicitation, and a sign indicating that an invisible pet fence is present. Security signs are not incidental signs.

INFORMATIONAL SIGN. A permanent sign, that is not a governmental sign and does not contain advertising, the principal purpose of which is to inform the public of the location of parking, or to provide directions to motorists or pedestrians, including directions for entrances and exits, parking restrictions, loading zones, and handicapped parking.

INSTITUTIONAL SIGN. A permanent sign which functions to identify or support the activities of an institution, government or non-profit organization such as a park district, public utility, municipality, school district, church, community center, or similar entity and does not advertise or offer for sale any products, goods or services.

INSTITUTIONAL PROPERTY. A lot, or a portion of a lot, the occupant of which is a government or non-profit organization, such as a park district, public utility, municipality, school district, church, community center or similar entity.

INTERIOR ILLUMINATED SIGN. A sign located inside a building illuminated by a light source and clearly visible from the exterior of the building through a window or a door.

INTERNALLY-ILLUMINATED SIGN. A sign illuminated by a light source that is enclosed by the sign face or located within the sign.

LEGAL NONCONFORMING SIGN. A sign that was lawfully erected, but no longer complies with provisions of federal, state or village laws, ordinances or regulations as a result of changed conditions, including the enactment of this part. A sign that was in violation of any village law, ordinance, or regulation as of the date of the enactment of this part is not a legal nonconforming signs.

LIGHT POLE CIVIC BANNER SIGN. A temporary banner sign erected pursuant to a village-approved civic event sign plan and intended for display on light poles in the village for the purpose of announcing a community, civic, philanthropic, educational or similar event of interest to the community.

LOGO. The symbol or other graphic representation of a business, institution, organization or public body.

MASTER SIGN PLAN. A plan submitted to and approved by the Architectural Review Commission, describing and depicting a coordinated signage plan for a building or a development with multiple buildings.

MEMORIAL PLAQUE SIGN. A permanent sign consisting of an inscribed plaque or tablet memorializing or honoring a person, event, structure or the like.

MOBILE BILLBOARD SIGN. A sign, including any digital sign or ECVS sign, which is attached to, mounted on or carried by a motor vehicle, trailer, bicycle or other vehicle on wheels, including a storage pod designed to be moved on wheels, whether the pod is stationary or not and with or without wheels attached, and including any vehicle whose principal function is to serve as a stationary sign for an extended period of time and which is parked in a location which is visible from the public right-of-way. A sign on a vehicle which is used in the normal day-to-day operation of a business and regularly moves from the parked location is not a mobile billboard sign.

MONUMENT SIGN. A sign mounted on a permanent, freestanding structure independent of any other building or structure, with a decorative base at ground level or wood, brick, masonry, or the like which surrounds the posts or beams, if any, supporting the sign.

NEON ILLUMINATED SIGN. A sign which incorporates lighted neon tubes or other fluorescing gas.

NOISE OR ATTENTION-GETTING SIGN. A sign which emits sound, vapor, smoke, odor, particles or gaseous matter to attract attention.

OCCUPANT. The owner, tenant, business or other user of all or a portion of a building.

OFF-PREMISES COMMERCIAL MESSAGE SIGN. A commercial message sign that announces or offers for sale products, goods or services, or that announces or directs attention to a business, product, service, profession, commodity, or other commercial activity or that proposes a commercial transaction that occurs on premises other than the lot upon which the sign is displayed, erected, operated or located. Off-premises commercial message sign and billboard sign shall have the same meaning in this part.

ON-PREMISES COMMERCIAL MESSAGE SIGN. A commercial message sign that announces or offers for sale products, goods or services, or that announces or directs attention to a business, product, service, profession, commodity, or other commercial activity or that proposes a commercial transaction that occurs on the lot upon which the sign is displayed, erected, operated or located.

OPEN HOUSE SIGN. A one day daily-display temporary portable sign directing people to homes which are for sale and open to the public for physical viewing without prior appointment.

PERMANENT SIGN. Any sign which, when installed, affixed or mounted, is intended for permanent use. For the purpose of this part, any sign intended to be used and displayed for longer than 12 months from the date of erection or installation shall be deemed a PERMANENT SIGN.

PERSONAL EVENT SIGN. A short-term temporary sign located on private residential property celebrating a notable occasion or a personal event, such as a birth, birthday, graduation, or the like.

PORTABLE SIGN. A temporary, short-term temporary, or daily-display temporary portable sign, not intended to be permanently attached to a building, structure or the ground, and either made of temporary material such as paper, cardboard, foam board, vinyl, flexible fabric, canvas or the like, or specifically designed to be easily moved or carried by a person, such as an A-frame or a chalkboard on wheels, or designed to be worn by a person, or thrown by a person. PORTABLE SIGNS include, without limitation, A-frame signs, signs on wheels, sandwich boards, inflatable signs, advertising umbrellas, wind signs, beacons and searchlights, mascots, signs worn by persons and human sign spinners.

PRIVATE SALE SIGN. A one day daily-display temporary portable sign advertising a private sale of personal property from a residence, including a garage sale, yard sale, moving sale, auction, estate sale or the like.

PROHIBITED SIGN. Any sign not allowed to be located, erected, used, displayed, constructed, installed, enlarged, expanded, altered, operated, maintained or relocated within the village.

PROJECTING SIGN. A permanent sign which is attached to and extends out from a building facade or wall in such a manner that the sign face is perpendicular or at an angle to the building facade or wall.

PUBLIC PROPERTY. Any property in the village which is owned and/or operated by any public body, including municipal property owned and operated by the village (such as streets, sidewalks and parkways), property owned and/or operated by the Kenilworth Park District, property owned and operated by Kenilworth School District No. 38.

PUBLIC UTILITY SIGN. A sign erected by a public utility or other provider of public services, including any sign warning of danger or hazardous conditions or delineating the presence of underground cables, gas lines or similar facilities.

REAL ESTATE SIGN. A temporary portable sign placed on property to inform the general public that the property is available for lease or sale.

ROOF SIGN. A sign located on or attached to the roof of a building.

ROTATING OR MOVING SIGN. A sign that contains any moving, revolving or rotating parts; turns on an axis allowing different faces or images to be viewed from a single location; revolves vertically; or has visible mechanical movement of any kind designed to attract attention.

SCOREBOARD. A permanent sign located on or adjacent to an athletic field that displays information and/or statistics pertinent to games or activities conducted on the premises.

SECURITY SIGN. A sign which announces that a security system or alarm is maintained on the property or premises.

SHORT-TERM TEMPORARY SIGN. A sign not permanently installed, affixed or mounted, and not intended for permanent use, which is intended for use and display for up to, and not more than, 21 days.

SHORT-TERM TEMPORARY COMMERCIAL MESSAGE WINDOW SIGN. A short-term temporary commercial message sign affixed to the interior of a window of a commercial establishment advertising a sale of merchandise, products, goods or services, or a seasonal activity, grand opening or similar event.

SHORT-TERM TEMPORARY COMMERCIAL MESSAGE WINDOW DISPLAY SIGN. A short- term temporary commercial message sign that is suspended from the ceiling or set on the floor or otherwise supported, and visible from any street or sidewalk, and that is part of an interior display in a window of merchandise, products, goods or services sold.

SIGN. Any fixed, flexible, or moving device, fixture, structure, placard, visual representation or visual entity, which uses writing, text, color, form, graphics, symbols, illumination, architectural elements, or any electronic or digital changeable movement, to inform, direct, warn, announce, identify, advertise, attract attention, or to communicate information of any kind to the public.

SIGN AREA. The total area of the face of a sign in square feet.

SNIPE SIGN. A temporary portable off- premises commercial or non-commercial message sign that is tacked, nailed, posted, pasted, glued or otherwise attached to telephone poles, utility poles, fences, trees or rocks, or dug or pounded into the ground on property not lawfully belonging to the person or entity posting the sign and posted without the property owner’s consent.

STREET FURNITURE SIGN. A sign consisting of advertising displays positioned at close proximity to pedestrians for eye-level viewing, and displayed on temporary or permanent fixtures such as transit shelters, newsstands, kiosks, benches, umbrellas and the like.

TEMPORARY PARKING AND TRAFFIC CONTROL SIGN. A daily-display temporary portable sign, not advertising, placed on private property, on public property, or in the public right-of- way, to assist the general public with parking and traffic flow including, without limitation, a sign placed in the street to caution motorists to slow down for a school zone; a courtesy “No Parking” sign to facilitate orderly child drop-off and pick-up at elementary and nursery schools; and a courtesy “Valet Parking” sign for a public or private gathering.

TEMPORARY SIGN. Any sign, not permanently installed, affixed or mounted and not intended for permanent use. For purposes of this part, any sign with an intended use of less than 12 months shall be deemed a temporary sign.

UNDER-AWNING SIGN. A sign attached to and/or mounted under an awning.

UNDER-CANOPY SIGN. A sign attached to and/or mounted under a canopy.

UNPROTECTED MESSAGE SIGN. A sign with any message, speech or image which is not protected by the First Amendment to the United States Constitution and/or the corollary provisions of the Illinois Constitution, including, without limitation, misleading or deceptive commercial messages, messages which promote illegal products or services, and messages which meet the legal definition of obscenity.

UNSAFE SIGN. A sign that presents a threat of harm to person or property because it is not properly secured, is structurally unsound, has defective parts, is unlawfully erected or installed, is in danger of falling, presents any fire, electrical safety or shock hazard, or is otherwise a danger or hazard to the public.

VANDALIZED SIGN. Any sign that has been painted, tagged, damaged or defaced by acts of vandalism.

WALL SIGN. A permanent sign attached to or erected against the wall of a building or structure in a manner that the sign face is on a parallel plane to the wall.

WALL WRAP or WALL MURAL SIGN. A commercial message sign, whether painted directly on the exterior surface of a building, wall, or fence, or, using the medium of vinyl or similar materials, applied to or suspended from the exterior surface of a building, wall or fence or wrapped around a building.

WIND SIGN. A short-term temporary portable sign, not a flag, consisting of objects or material that move upon being subjected to pressure by the wind, including banners, pennants, ribbons, spinners, streamers, captive balloons or inflatable figures.

WINDOW SIGN. A permanent sign applied, attached or in contact with the interior of a window, the glass surface of a door, or located within five feet of the interior side of a window or displayed so that it is visible from the exterior of the window or door.

(Ord. 1057, passed 2-22-2011)

§ 153.049 SIGNS EXEMPT FROM REQUIREMENT TO OBTAIN BUILDING PERMIT AND CERTIFICATE OF APPROPRIATENESS.

Exempt signs are allowed signs which are exempt from the requirement to obtain a building permit and a certificate of appropriateness prior to locating, erecting, using, displaying, enlarging or expanding such signs. Exempt signs are subject to all additional regulations, standards, restrictions and limitations set forth below, including, where applicable, the requirement to obtain an administrative sign permit from the Administrative Official.

(A) Exempt permanent signs. The following permanent signs are exempt signs allowed in all zoning districts, except as otherwise specified:

(1) Address sign. Address signs are allowed signs in all districts and shall not exceed one square foot in area in the “B” Business District or two square feet in area in all other zoning districts for each officially assigned address, or such other size required by law, ordinance, rule or regulation. In all zoning districts, a freestanding address sign shall not exceed three feet in height measured from the ground. An address sign must be clear and readable from the street with a minimum letter or numeral height of four inches.

(2) Directory sign. Directory signs are allowed signs only in the “B” Business District, shall not exceed two square feet in area and five feet in height measured from the ground, shall be limited to one such sign per building, shall not be illuminated, and shall require an administrative sign permit.

(3) Governmental sign. Governmental signs are allowed signs in all zoning districts. The size and placement of governmental signs shall be in accordance any applicable local, state or federal law, ordinance, rule or regulation governing such signs and shall not be illuminated, unless otherwise required by such law, ordinance, rule or regulation.

(4) Hazard or no trespassing sign. Hazard and no trespassing signs are allowed signs in all zoning districts, shall not exceed one square foot in area and five feet in height measured from the ground, shall be limited to the number necessary to accomplish their intended purpose, shall be placed at such locations on the lot to achieve their intended purpose, and shall not be illuminated.

(5) Incidental sign. Incidental signs are allowed signs in all zoning districts, shall not exceed a combined total area of two square feet, shall not exceed five feet in height measured from the ground, and shall not be illuminated.

(6) Informational sign. Informational signs are allowed signs in all zoning districts, shall not exceed two square feet in area and five feet in height measured from the ground, shall be limited to the number necessary to accomplish the intended purpose, shall be placed at such locations on the premises to achieve their intended purpose, shall not be illuminated, and shall require an administrative sign permit.

(7) Memorial plaque sign. Memorial plaque signs are allowed signs in all zoning districts and shall not exceed one square foot in area. All memorial plaque signs shall be mounted flat against a building, on a monument stone, or another permanent surface. A memorial plaque sign shall be constructed of durable materials such as bronze, stone, or concrete, shall not be illuminated, and shall require an administrative sign permit.

(8) Public utility sign. Public utility signs are allowed signs in all zoning districts. The size and placement of public utility signs in all zoning districts shall be as required by any applicable law, ordinance, rule or regulation governing such signs and shall not be illuminated, unless otherwise required by such law, ordinance, rule or regulation.

(9) Security sign. Security signs are allowed signs in all zoning districts, shall not exceed one square foot in area and five feet in height measured from the ground, and shall not be illuminated.

(B) Exempt temporary, short-term temporary, and daily-display temporary signs.

(1) Exempt temporary signs. The following temporary signs are exempt signs allowed to be displayed for not more than 12 months in all zoning districts, except as otherwise specified.

(a) Booster sign. Booster signs are allowed signs on private residential property in the “B”, “R-1”, “R-2”, “R-3”, and “R-4” zoning districts, shall not exceed three square feet in area and three feet in height measured from the ground, shall not be illuminated, and shall not be posted without the consent of the lot owner.

(b) Construction site sign.

1. In the “B” Business District, a construction site sign is allowed in connection with the construction or renovation of a building or occupant’s space and is limited to no more than one sign per zoning lot frontage. Such sign shall not exceed 12 square feet in area, shall not be more than five feet in height measured from the ground, and shall not be illuminated. A construction site sign shall not be displayed until all necessary permits and approvals for construction have been granted by the village and an administrative sign permit has been obtained from the Administrative Official. A construction site sign in the “B” Business District shall contain the information required by the building and construction regulations and shall be removed in conformance with those regulations. Such a sign may also contain the project name, architect, contractor and/or engineer and their telephone numbers for the project under construction, and must be removed within seven days after the earlier of completion of construction and issuance of a certificate of occupancy, final inspection or expiration of a building permit.

2. In all other zoning districts, the only allowed construction site sign shall be the sign provided by the village, shall only contain the information required by the building and construction regulations, and shall be removed in conformance with those regulations.

(c) Demolition site sign. In the “B”, “R-1”, “R-2”, “R-3”, and “R-4” zoning districts, a demolition site sign is an allowed sign on property which is the subject of a demolition application pursuant to the building and construction regulations.

(d) Election sign. Election signs are allowed on private property (other than institutional property) in the “B”, “R-1”, “R-2”, “R3”, and “R-4” zoning districts, with the consent of the property owner, not to exceed six square feet in area per candidate or position on a referendum question and five feet in height measured from the ground, and shall not be illuminated.

(e) Flag. Two flags, each having a size less than 24 square feet in area, may be displayed on each lot with the lot owner's consent. Each lot in the village is limited to one flagpole not to exceed 14 feet in height. A flag may also be displayed from a bracket attached to a building or structure. In the “B” Business District, any commercial message flag shall be included in the combined sign area and shall not be illuminated.

(f) Free expression sign. Free expression signs are allowed signs at all times on private property in the “B”, “R-1”, “R-2”, “R-3” and “R-4” zoning districts, with the property owner’s consent, shall not exceed six square feet in area and five feet in height measured from the ground, and shall not be illuminated.

(g) Holiday decoration. Holiday decorations, including illuminated decorations, are allowed in all zoning districts as temporary signs.

(h) Light pole civic banner sign. Light pole civic banner signs are allowed in such zoning districts as are set forth in a village-approved civic sign plan. Each such sign shall not exceed 12 square feet in area when displayed on the village’s light poles.

(i) Real estate sign.

1. Residential District. One freestanding real estate sign is allowed on private residential property offered for sale or lease in the “R-1", “R-2", “R-3", and “R-4" zoning districts as a temporary sign, shall not exceed six square feet in area and five feet in height measured from the ground, and shall not be illuminated.

2. Business District. In the “B” Business District on the first floor front façade or street level, one nonilluminated wall, window or freestanding real estate sign is allowed as a temporary sign per occupant space offered for sale or lease, and shall not exceed 12 square feet in area. A freestanding sign shall not exceed five feet in height measured from the ground. A wall sign may only be installed above the top of first floor glazing and may not be installed higher than the second floor window sill of the building or 14 feet measured from the ground or sidewalk next to the front façade, whichever is lower. For private residential property above the first floor in the “B” Business District, real estate signs may only be window signs, shall not exceed six square feet in area and shall not be illuminated.

3. Removal and reduction. A real estate sign must be removed no later than 14 days following the execution of a sales contract or rental lease for the property or occupant’s space. However, in the case of multi-unit developments or structures in the “B” Business District, within 21 days following the date upon which such development or structure is 90% or more sold or leased, any real estate sign must be removed or, for any remaining area not sold or leased, replaced with a sign not to exceed six square feet in area.

4. General. The name, address, and telephone number of the person responsible for removal of a real estate sign shall be clearly marked on the sign.

(2) Exempt short-term temporary signs. The following short-term temporary signs are exempt signs allowed to be displayed for up to 21 days in all zoning districts, except as otherwise specified.

(a) Civic event sign. Civic event signs which are banner signs or freestanding signs are allowed as short-term temporary signs with the property owner’s consent on institutional property, shall not exceed 24 square feet in area, shall not be secured to trees, shall not be illuminated, and shall be removed within seven days following the event.

(b) Personal event sign. Personal event signs which are banner signs, wind signs, freestanding signs, or other portable signs are allowed as short-term temporary signs with the property owner’s consent, on private residential property in the “B”, “R-1”, “R-2”, “R-3", and “R-4” zoning districts, shall not exceed 24 square feet in area, and shall not be illuminated.

(c) Short-term temporary commercial message window sign. Short-term temporary commercial message window signs are allowed in the “B” Business District and shall not be illuminated. The total area of all allowed short-term temporary, temporary and permanent window signs shall not exceed 30% of the total aggregate window area on the first floor façade.

(d) Short-term temporary commercial message window display sign. Short-term temporary commercial message window display signs are allowed in the “B” Business District and shall not be illuminated. The total area of all allowed short-term temporary, temporary and permanent window signs shall not exceed 30% of the window area.

(e) Wind sign. In all zoning districts other than the “B” Business District, wind signs are allowed with the property owner’s consent, shall not exceed 24 square feet in area, and shall not be illuminated.

(3) Exempt daily-display temporary signs. The following daily-display temporary signs are exempt signs and are allowed to be displayed in all zoning districts on a daily basis or a one-day basis during customary operating hours, except as otherwise specified.

(a) Open house sign. Open house signs are allowed for one-day daily display in the “B”, “R-1”, “R-2”, “R-3” and “R-4” zoning districts only, shall not exceed three square feet in area or three feet in height measured from the ground, shall not be illuminated, and must be removed at the close of the open house event.

(b) Private sale sign. Private sale signs are allowed for one-day daily display on private residential property in the “B”, “R-1”, “R-2”, “R-3”, and “R-4” zoning districts with the property owner’s consent, shall not exceed three square feet in area or three feet in height measured from the ground, shall be not be illuminated, and must be removed at the close of the private sale event.

(c) Temporary parking and traffic control sign. Temporary parking and traffic control signs are allowed for one-day or daily display only, shall not exceed three square feet in area or three feet in height measured from the ground, shall not be illuminated, and must be removed each day at the close of the customary operating hours of the business, institution, organization or event.

(Ord. 1057, passed 2-22-2011)

§ 153.050 PROHIBITED SIGNS IN ALL ZONING DISTRICTS.

It is unlawful to locate, erect, use, display, enlarge, expand, alter, operate, or maintain any of the following prohibited signs in any zoning district, except as otherwise specifically provided below:

(A) Abandoned sign.

(B) Billboard sign.

(D) A-frame sign, prohibited only in the “B” Business District.

(E) Banner sign, prohibited only in the “B” Business District.

(F) Digital sign or electronic variable changing sign.

(G) Dilapidated sign.

(H) Extensions, cut-outs, embellishments.

(I) Flashing or blinking sign.

(J) Illegal sign.

(K) Interior illuminated sign.

(L) Internally illuminated sign.

(M) Mobile billboard.

(N) Neon illuminated sign.

(O) Noise or attention-getting sign.

(P) Roof sign.

(Q) Rotating or moving sign.

(R) Snipe sign.

(S) Street furniture sign.

(T) Under awning sign.

(U) Under canopy sign.

(V) Unprotected message sign.

(W) Unsafe sign.

(X) Vandalized sign.

(Y) Wall wrap or wall mural sign.

(Z) Wind sign, prohibited only in the “B” Business District.

(Ord. 1057, passed 2-22-2011)

§ 153.051 GENERAL REGULATIONS AND STANDARDS FOR ALLOWED SIGNS IN ALL ZONING DISTRICTS.

The following general regulations and standards shall apply to all allowed signs in all zoning districts:

(A) Responsibility for compliance. The responsibility for compliance with this part rests jointly and severally upon the sign owner, all parties holding the present right of possession and control of the lot on which a sign is located, mounted, installed or displayed, and the owner of the lot.

(B) Owner’s consent. No sign may be placed on private property without the consent of the owner of the lot, and such occupants that owner may have provided with the right to consent by agreement or contract.

(C) Restrictions on signs on public property. No signs may be erected upon public property, with the exception of governmental signs, public utility signs, and such other signs specifically authorized by the village. Any sign placed on public property without authorization is an illegal sign under this part and may be summarily removed by the village without notice.

(D) Message substitution. Subject to the lot owner’s consent, a noncommercial message of any type may be substituted, in whole or in part, for any commercial message or any other noncommercial message on a currently existing sign, including a legal nonconforming sign, without consideration of message content, provided that the sign structure is legal. Such substitution of message may be made without any additional approval or permitting. This provision does not create a right to increase the total amount of signage on a lot, nor does it alter or waive the requirement that a sign have a building permit and a certificate of appropriateness.

(E) Logo size. A logo on a sign is limited to no more than 15% of the total sign area.

(F) Building and construction requirements. All signs shall comply with the building and construction regulations and shall be designed and constructed adequately and safely to support their weight and to withstand wind and other stresses to which they may be subjected. Supports and braces shall be an integral part of the sign design. All signs attached to a building shall be installed and maintained so that wall penetrations are watertight and the structure does not exceed allowable stresses of supporting materials. All fasteners used to attach signs to a structure or building shall be properly sized for the design loads and material of the support, have a minimum cross-section diameter of one-quarter inch, and be made of corrosion resistant material.

(G) Obstruction of access ways. No sign shall be located, erected, installed, relocated, maintained, enlarged, expanded or otherwise permitted to obstruct or prevent free ingress and egress from any window, door, fire escape or stairway of any building or structure, or to obstruct light or ventilation required by the building and construction regulations. No sign shall be attached to an external fire escape.

(H) Traffic safety. No sign shall be located, erected, used, displayed, enlarged, expanded, constructed, maintained or illuminated in such a manner that it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or otherwise cause a safety hazard, nuisance or distraction to vehicular and pedestrian traffic, including the requirements of §§ 153.075 and 153.099 of this chapter.

(I) Sign measurement.

(1) Computation of sign area. Sign area is calculated as follows:

(a) For signs on a background, the entire area of the background shall be included in the calculation of the sign area, including any material or color forming the sign face or background used to differentiate the sign from the structure against which it is placed. Sign area does not include any supporting framework or bracing, unless such framework or bracing is part of the message or sign face.

(b) For a sign consisting of freestanding letters, graphics, logos, images or symbols, the sign area is calculated by means of the smallest square, circle, rectangle or triangle, or combination thereof that will encompass the outer limits of the freestanding letters, graphics, logos, images or symbols. Sign area does not include any supporting framework or bracing, unless such framework or bracing is part of the message or sign face. Window signs printed on a transparent film and affixed to a window pane shall be considered freestanding letters, graphics, logos, images or symbols, provided that the portion of the transparent film around the perimeter of the sign message maintains the transparent character of the window and does not contain any items in the sign message.

(c) Any sign wording, illustration or element that is less than two feet from any other sign wording, illustration or element shall be considered shall be considered a single sign for purposes of calculating sign area. No sign shall be nearer than two feet to any other sign or structure which is on the same plane, other than a structure to which it is lawfully attached.

(d) When a sign has more than one display face, all faces shall be included in determining the sign area, provided that, if the sign faces of a two-faced sign are parallel and the distance between them does not exceed 12 inches, the sign area shall be measured as the area of one face.

(e) The sign area of free-form or sculptural (non-planar) signs is calculated as 50% of the sum of the area of the four vertical sides of the smallest cube that will encompass the sign.

(2) Measurement of sign height. When measuring sign height, the height of the sign structure is included.

(a) The sign height of freestanding and monument signs shall be measured from the unaltered, unimproved natural ground level and/or sidewalk adjacent to the sign to the top of the sign and/or sign structure.

(b) The sign height of projecting signs shall be measured from the unaltered, unimproved natural ground level and/or sidewalk under the sign to the top of the sign, exclusive of decorative braces.

(3) Measurement of front façade. For purposes of calculating the combined sign area allowed in § 153.052, the area of the occupant’s front façade shall be measured as follows:

(a) Single story building. The area of the front façade of an occupant’s space in a single story building shall be measured in square feet by multiplying the horizontal width of occupant’s space by the vertical distance of the occupant’s space measured from ground level to the lowest point of the roof, but in no case shall such vertical distance exceed 14 feet in height.

(b) Multistory building. The area of the front façade of an occupant’s space in a multistory building shall be measured in square feet by multiplying the horizontal width of the occupant’s space by the vertical distance of the occupant’s space measured from ground level to the bottom of the sill of the second story window, but in no case shall such vertical distance exceed 14 feet measured from ground level.

(J) Sign illumination. In all zoning districts, sign illumination is limited to allowed exterior illuminated signs. All other illuminated signs are prohibited signs.

(1) Location and design of light source. The lights for exterior illuminated signs shall be located, shielded and directed in such a manner that the light source is not directly visible from any surrounding public or private property. The use of unshielded lights, including incandescent bulbs on poles or strung on poles, wires or any other type of support to illuminate a sign is not allowed. All receptacles or devices used to provide external illumination for wall signs shall not protrude more than nine inches from the face of the sign except for ground lighting.

(2) Hours of illumination. Illumination for an exterior illuminated sign is allowed from 7:00 a.m. to 10:00 p.m., except that an exterior illuminated sign may remain illuminated during such time as the business is open to the general public, so long as such sign is not a public or private nuisance and in no case later than 11:00 p.m.

(3) Level of illumination. The lighting intensity of an exterior illuminated sign shall not exceed, and shall be maintained at or less than ten foot candles when measured with a standard light meter at four feet from the center of the face of the sign.

(Ord. 1057, passed 2-22-2011)

§ 153.052 REGULATIONS AND STANDARDS FOR PERMANENT ALLOWED SIGNS IN THE “B” BUSINESS DISTRICT.

(A) Certificate of appropriateness required for permanent commercial message sign. It shall be unlawful to locate, use, erect, display, construct, install, enlarge, expand, alter, operate or maintain a permanent commercial message sign in the “B” Business District unless and until a building permit for the sign has been issued by the Administrative Official in accordance with the building and construction regulations and a certificate of appropriateness has been issued pursuant to §§ 153.240 through 153.249of this chapter by the Architectural Review Commission.

(B) Regulations for permanent commercial message signs.

(1) Sign orientation. In the “B” Business District, all permanent commercial message signs shall be oriented to face Green Bay Road or Park Drive only, except as otherwise allowed in this part.

(2) Allowed permanent commercial message signs. The following permanent signs are allowed as commercial message signs on the front façade of a building in the “B” Business District, and each occupant in the “B” Business District shall have the option of choosing the mix of such signs that is appropriate for the occupant’s business, subject to the restriction on combined sign area allowed, the provisions of any master sign plan for the property, and all other restrictions and limitations set forth in this part:

(a) Wall signs.

(b) Window signs.

(d) Awning signs.

(e) Monument signs.

(3) Total combined sign area allowed. The total combined sign area allowed for permanent commercial message signs in the “B” Business District shall be calculated as follows:

(a) For a single occupant building, the total combined sign area allowed shall not exceed the lesser of 7.5% of the total area of the front façade, or 25 square feet.

(b) For each occupant in a multi- occupant building, the total combined sign area allowed for each occupant shall not exceed the lesser of 7.5% of the total area of the front façade of the occupant’s space, or 25 square feet.

(c) For a single-occupant building with frontage on two public streets, the combined sign area allowed shall not exceed the lesser of 7.5% of the total area of the front façade or 25 square feet.

(4) Wall signs.

(a) One wall sign is allowed on the first floor front façade of a single occupant building and shall be considered part of the combined sign area for such occupant.

(b) In multi-occupant buildings, one wall sign is allowed on the front façade of each occupant’s space, and shall not exceed the allowed combined sign area for each such occupant.

(c) A wall sign may only be installed above the top of first floor glazing and may not be installed higher than the second floor window sill of the building or 14 feet measured from the ground or sidewalk next to the front façade, whichever is lower.

(d) On single occupant corner building fronting on two public streets, an additional wall sign may be allowed with the approval of the Architectural Review Commission, so long as the nearest property is not in a residential district, and the square footage of the additional wall sign does not exceed the allowed combined sign area.

(e) The information contained on a wall sign shall be limited to the regular name of the occupant’s business, organization or entity located on the lot and a maximum of three words describing the occupant’s products or services.

(f) An additional wall sign is permitted if the occupant’s space in a building has a secondary rear or side entrance but such additional wall sign shall be limited to no more than nine square feet and shall only indicate the name of the occupant and the words “entrance,” “enter” or a similar term. The square footage of such secondary sign shall not be included in the calculation of the occupant's allowed combined sign area.

(g) No wall sign affixed to a building, including its sign support structure, may project beyond the outer limits of the wall to which it is affixed. A parapet wall may not be added to an existing building for the sole purpose of increasing the allowable height of a wall sign. For new buildings, when a sign is to be mounted on a parapet wall, that parapet wall must be consistent with the architectural design of the building, including building materials. Wall signs may not be attached to un-reinforced masonry parapets.

(h) A wall sign should be safely and securely attached to the building wall, should be affixed flat against the building wall, and may not project more than six inches from the building wall. A wall sign must be mounted in such a way that it can be removed with minimal impact on the building’s exterior wall.

(i) Wall signs may not cover windows, doors or architectural elements.

(5) Window signs.

(a) Window signs are allowed on the front façade of a building in the “B” Business District and shall be included in the calculation of the occupant’s allowed combined sign area.

(b) On single occupant corner buildings fronting on two public streets, an additional window sign on the first floor façade may be permitted by the Architectural Review Commission, if the nearest property is not in a residential district and the square footage of such additional window sign is included in the calculation of the occupant’s allowed combined sign area.

(c) The information contained on a permanent window sign on the first floor front façade shall be limited to the name of the occupant’s business, organization or entity and a maximum of three words describing the occupant’s products or services.

(d) For second floor occupants of a non-residential space, a window sign consisting of painted or transfer letters is allowed on second floor window(s) on the front façade. Such window sign may not exceed 10% of the area of the window(s) on which it is located. Second floor window signs shall not be included in the calculation of allowed combined sign area. On the second floor, the content of permanent window signs is limited to the name of the occupant’s business, organization or entity. In no case may temporary commercial message window signs be displayed above the first floor of a building.

(e) Short-term temporary commercial message window signs and short-term temporary commercial message window display signs shall be permitted in the “B” Business District on the first floor front façade only and shall not be illuminated. In a single occupant building, the total square footage of allowed permanent and short-term temporary window signs shall not exceed 30% of the total storefront window area. In a multi-occupant building, the total square footage of allowed permanent and temporary window signs for each occupant shall not exceed 30% of the total storefront window area of the occupant’s space.

(6) Projecting signs.

(a) One projecting sign per occupant is allowed in the “B” Business District and shall be included in the calculation of the allowed combined sign area.

(b) The sign area of a projecting sign on a one-story building shall not exceed four square feet per sign face. The sign area of a projecting sign on a building with more than one story shall not exceed six square feet per sign face.

(c) The pole of a projecting sign may project from the front façade or wall no more than five feet over a public way or public sidewalk. The maximum width of the projecting sign shall not exceed three feet. The inside edge of the projecting sign shall be separated from the façade or wall by no more than one foot.

(d) No projecting sign shall be placed higher than the second floor window sill of the building or 14 feet measured from the ground or sidewalk next to the front façade, whichever is lower. The lowest point of a projecting sign shall not be less than seven feet six inches above the sidewalk located below the sign.

(e) A projecting sign shall be located at or near the public entrance to the building and shall not cover architectural elements.

(f) The information contained on a projecting sign shall be limited to name of the occupant’s business, organization or entity and a maximum of three words describing the occupant’s products or services.

(g) No projecting sign may be secured with external wire, chains, cables, strips of wood or nails nor may any projecting sign be hung or secured to any other sign. Any removable part of a projecting sign, such as the cover of a service opening, must be securely fastened internally by chains or hinges.

(7) Awning and canopy signs.

(a) An awning sign is allowed in the “B” Business District and shall be included in the calculation of the occupant’s allowed combined sign area.

(b) The letters on an awning shall be placed on the front descending skirt only and shall not exceed six inches in height.

(c) Awnings with or without signs shall be constructed and erected so that the lowest portion of the projecting frame and descending skirt shall not be less than seven feet six inches above the level of the sidewalk or ground located below the awning.

(d) Awning signs shall be limited to only the regular operating name of the occupant’s business, organization or entity and the street address numbers of the building to which the awning is attached.

(e) The edge of an awning may project out over the public way up to four feet, but in no event may an awning be within two feet or less of the curb line of a public street. The preferred minimum awning projection is 36 inches.

(f) A canopy sign shall be placed on the front face of the canopy, parallel to the street, and is limited to the street address numerals only, which shall not exceed six inches in height.

(g) Awnings, canopies, awning signs and canopy signs may not be illuminated or back lit. Rigid awning or canopy coverings made of metal, hard plastic or other materials that can be cracked or broken are not allowed.

(8) Monument signs. One monument sign is allowed for any building in the “B” Business District that is set back ten feet or more from the lot line abutting a public street and shall be included in the calculation of the combined sign area. Monuments on which signs are attached shall not exceed 39 square feet in area or six and one-quarter feet in height.

(9) Commercial message flag signs. One commercial message flag sign is allowed per occupant in the “B” Business District and shall be included in the calculation of the occupant’s combined sign area. Commercial message flag signs shall be compatible with the overall color scheme of the building’s facade, shall not cover architectural elements of the building and shall not be illuminated. The lowest part of a commercial flag sign should be not less than seven feet six inches above the sidewalk located below the sign.

(1) Intent of design criteria. Design criteria for permanent commercial message signs in the “B” Business District are not intended to restrict imagination, innovation and variety in sign design and display, but rather to assist in focusing on design principles that can result in creative solutions that will develop a high quality visual appearance within the village.

(2) Design criteria. Permanent commercial message signs in the “B” Business District shall meet the following design criteria:

(a) The proposed sign is designed to be constructed, installed and maintained in a safe condition with high quality design and materials.

(b) The proposed sign has good scale and proportion in its design, and is proportioned to the scale of, and is architecturally and visually compatible with, the building or property on which it is to be located and with existing adjacent and nearby buildings or structures and residential neighborhoods.

(c) The proposed sign is visually compatible with nearby buildings and structures in terms of height, size, location, shape, proportion, scale, materials, texture, lettering, illumination, colors and shape.

(d) The location of the proposed sign is appropriate in terms of design, landscaping and orientation on the property.

(e) The colors, materials and lighting of the proposed sign are restrained and harmonious, and not excessively bright.

(f) The proposed sign does not exceed the logo size requirements of § 153.051(E).

(g) The amount of information and graphic elements that contain images or symbols in the proposed sign or group of signs is appropriately limited and results in a clear and readable design.

(h) Any proposed sign which is part of a master sign plan is consistent with such plan.

(i) The proposed sign illumination does not exceed the level of illumination requirements of § 153.051(J).

(j) The proposed sign illumination complies with the building and construction requirements of § 153.051(F).

(k) The proposed sign does not cover architectural elements of the building.

(l) If the proposed sign is an awning or canopy sign, the proposed awning or canopy complies with the material construction requirements of subparagraph (B)(7)(i) of this section.

(D) Permanent non-commercial message signs in the “B” Business District. The following permanent signs are exempt signs allowed in the “B” Business District, subject to the regulations and limitations set forth in § 153.049, including, where applicable, the requirement to obtain an administrative sign permit, and shall not be included in the calculation of combined sign area.

(1) Address sign.

(2) Directory sign.

(3) Governmental sign.

(4) Hazard or no trespassing sign.

(5) Incidental sign.

(6) Informational sign.

(7) Memorial plaque sign.

(8) Public utility sign.

(9) Security sign

(E) Requirement for master sign plan.

(1) Master sign plan for new building or development. For a new building with multiple occupants or a new development with multiple buildings in the “B” Business District, the applicant and/or property owner must submit a master sign plan for review and approval by the Architectural Review Commission. The purpose of a master sign plan is to coordinate signs on multi-occupant buildings or in multi-building developments, to establish a building’s or development's overall sign design, and to provide direction to future occupants. A master sign plan must include, at a minimum, criteria and specifications for general appearance, location, lighting, and approved construction materials for signs.

(2) Master sign plan for existing building. For existing buildings, the applicant must submit a master sign plan when:

(a) A change is proposed to any permanent sign for any occupant which requires a building permit and certificate of appropriateness;

(b) A change in any occupant’s use of the property necessitates a change in any permanent sign;

(d) Notice is received from the village that one or more permanent signs on the building are not in compliance with this part by reason of being a prohibited sign, abandoned sign, unsafe sign, or illegal sign or by reason of any other failure of compliance under this part; or

(e) In the case of a legal nonconforming sign, the expiration of the applicable amortization period.

(3) Content of master sign plan. A master sign plan for the entire building or development shall be submitted to the Architectural Review Commission for review and approval pursuant to the procedures set §§ 153.240 through 153.249. This master sign plan for a development shall include any and all signs for all buildings on the lot. A master sign plan for a building shall include any and all signs for each occupant's space. All subsequently proposed signs shall conform to the approved master sign plan so that as existing signs are replaced for various reasons, including amortization under this chapter, all new and replacement signs will be cohesive and in compliance with this part.

(F) Temporary, short-term temporary and daily- display temporary signs in the “B” Business District.

(1) Temporary signs on business and residential property. The following temporary signs are exempt signs allowed on business and residential property in the “B” Business District, subject to the regulations and limitations set forth in § 153.049, including, where applicable, the requirement to obtain an administrative sign permit:

(a) Booster sign.

(b) Construction site sign.

(d) Election sign.

(e) Flag.

(f) Free expression sign.

(g) Holiday decorations.

(h) Real estate sign.

(i) Light pole civic banner sign.

(2) Short-term temporary signs and daily- display temporary signs on business property. The following short-term temporary and daily-display temporary signs are exempt signs allowed only on business property in the “B” Business District, subject to the regulations and limitations set forth in § 153.049:

(a) Short-term temporary commercial message window sign.

(b) Short-term temporary commercial message window display sign.

(3) Short-term temporary signs and daily- display temporary signs on residential property. The following short-term temporary and daily-display temporary signs are exempt signs allowed in the “B” Business District on private residential property only, subject to the regulations and limitations set forth in § 153.049; and must removed within seven days following the event:

(a) Personal event sign.

(b) Open house sign.

(Ord. 1057, passed 2-22-2011; Ord. 1098, passed 4-29-2013)

§ 153.053 REGULATIONS AND STANDARDS FOR ALLOWED SIGNS IN ALL DISTRICTS OTHER THAN THE “B” BUSINESS DISTRICT.

(A) Permanent institutional signs.

(1) Residential districts. It shall be unlawful to locate, use, erect, display, construct, install, enlarge, expand, alter, operate, or maintain a permanent institutional sign in the “R-1”, “R-2”, “R-3”, and “R-4” Districts unless and until an application for a special use, or a modification or amendment to an existing special use has been approved pursuant to §§ 153.245 and 153.247, and unless and until a building permit and certificate of appropriateness for such sign have been issued.

(2) Non-Residential Districts. It shall be unlawful to locate, use, erect, display, construct, install, enlarge, expand, alter, operate, or maintain a permanent institutional sign in the “P”, “S”, “M-1”, “M-2”, and “R” Districts unless and until a building permit and a certificate of appropriateness for such sign have been issued.

(3) Design criteria. All permanent institutional signs that must obtain a certificate of appropriateness under this section are subject to the design criteria in § 153.052(C).

(B) Commercial message signs prohibited. Commercial message signs are not allowed in the “R-1”,“R-2”, “R-3”, “R-4”, “S”, “P”, “M-1”, “M-2”, and “R” Districts.

(C) Permanent exempt signs. The following permanent signs are exempt signs allowed in the “R-1”, “R-2”, “R-3”, “R-4”, “S”, “P”, “M-1”, “M-2”, and “R” Districts, subject to the regulations and limitations set forth in § 153.049, including, where applicable, the requirement to obtain an administrative sign permit:

(1) Address sign.

(2) Governmental sign.

(3) Hazard or no trespassing sign.

(4) Incidental sign.

(5) Informational sign.

(6) Memorial plaque sign.

(7) Public utility sign.

(8) Security sign.

(D) Temporary, short-term temporary and daily-display temporary signs in all zoning districts other than the “B” Business District.

(1) Temporary signs on residential private property. The following temporary signs are exempt signs allowed on private residential property in the “R-1”, “R-2”, “R-3”, and “R-4” zoning districts, subject to the regulations and limitations set forth in § 153.049:

(a) Booster sign.

(b) Construction site placard sign.

(d) Election sign.

(e) Flag.

(f) Free expression sign.

(g) Holiday decorations.

(h) Real estate sign.

(2) Temporary signs on institutional property. The following temporary signs are allowed on institutional properties in the “R-1”, “R-2”, “R-3”, “R-4”, “S”, “P”, “M-1”, “M-2”, and “R” zoning districts, subject to the regulations and limitations set forth in § 153.049:

(a) Construction site placard sign.

(b) Flag.

(3) Short-term temporary and daily-display temporary signs on private residential property. The following short-term temporary and daily-display temporary signs are exempt signs allowed on private residential property in the “R-1”, “R-2”, “R-3”, and “R-4” zoning districts, subject to the regulations and limitations set forth in § 153.049:

(a) Personal event sign.

(b) Wind sign.

(d) Private sale sign.

(4) Short-term temporary and daily-display temporary signs on institutional property. The following short-term temporary and daily-display temporary signs are exempt signs allowed on institutional property with the property owner’s consent in the “R-1”, “R-2”, “R-3”, “R-4”, “S”, “P”, “M-1”, “M-2”, and “R” zoning districts, subject to the regulations and limitations set forth in § 153.049:

(a) Civic event sign.

(b) Temporary parking and traffic control sign.

(Ord. 1057, passed 2-22-2011)

§ 153.054 APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF APPROPRIATENESS.

No allowed sign for which a building permit and certificate of appropriateness is required shall be located, erected, used, displayed, constructed, installed, enlarged, expanded, altered or relocated within the village unless a certificate of appropriateness has been issued in accordance with §§ 153.240 through 153.249.

(Ord. 1057, passed 2-22-2011)

§ 153.055 ADMINISTRATIVE SIGN PERMITS.

(A) Exempt signs requiring an administrative sign permit. The following allowed signs are exempt from the requirement to obtain a building permit and certificate of appropriateness, but no such sign shall be located, erected, used, displayed, constructed, installed, enlarged, expanded, altered or relocated unless an administrative sign permit has been issued by the Administrative Official.

(1) Directory sign.

(2) Informational sign.

(3) Memorial plaque sign.

(4) Construction site sign.

(B) Application for administrative sign permit. An application for an administrative sign permit shall be on forms supplied by the village and shall be filed in such number of duplicate copies as the Administrative Official may designate, accompanied by a nonrefundable application and filing fee in the amount established by resolution of the Board of Trustees. Such application shall provide the information listed in § 153.247 as well as the following additional information: a description and graphic depiction of the proposed sign(s) including dimensions; a description of the proposed location of the sign; the dimensions and locations of all other signs on the property; a copy of the master sign plan for the property, if applicable; and such other information as the Administrative Official shall require.

(1) Standards for review. The application for an administrative sign permit shall be reviewed by the Administrative Official who shall grant the application upon showing that the following standards related to appearance, appropriateness and safety of the proposed sign have been met:

(a) The proposed sign is consistent with any applicable master sign plan;

(b) The proposed sign is visually compatible with surrounding buildings, structures and other signs on the property in terms of height, size, proportion, materials, colors, shape and orientation on the property;

(d) The proposed sign is designed and intended to be constructed, installed and maintained in a safe condition with high quality design and materials; and

(e) the proposed sign does not create a public safety nuisance or distraction to vehicular and pedestrian traffic and does not lead to an excessive number of signs on the property.

(2) Issuance of administrative sign permit. Within ten days after the submission of a complete application for an administrative sign permit, the Administrative Official shall notify the applicant whether the application has met the standards for review for an administrative sign permit.

(D) Denial by action of Administrative Official.

If the Administrative Official finds that the application fails to meet the standards for review by the Administrative Official set forth in paragraph (C)(1) above, the applicant shall have the right to submit the application to the Architectural Review Commission as an application for a certificate of appropriateness. The applicant must notify the Commission of its intent to submit such an application within 60 days after the denial of the application by the Administrative Official.

(Ord. 1057, passed 2-22-2011)

§ 153.056 REQUEST FOR VARIATION.

A request for a variation from the requirements of this part shall be taken to the Zoning Board of Appeals pursuant to § 153.244.

(Ord. 1057, passed 2-22-2011)

§ 153.057 NONCONFORMING SIGNS.

(A) Authority to continue legal nonconforming signs. Except as provided in subsection (H) of this section, any permanent sign lawfully in existence on the effective date of this part, or any subsequent amendments to this part, that becomes nonconforming as a result of the adoption or amendment of this part and continues to be nonconforming, shall be considered a legal nonconforming sign and may be continued, subject to the conditions and limitations of this section. The burden of establishing a sign to be a legal nonconforming sign shall rest on the person asserting the legal nonconforming status of such sign.

(B) Ordinary repair and maintenance of legal nonconforming signs. Routine maintenance of a sign, or changing of parts designed to be changed, shall not, standing alone, be considered an alteration of the sign requiring the issuance of a building permit and certificate of appropriateness for a sign or alter its status as a legal nonconforming sign. Incidental repair or replacement of nonloadbearing sign elements, electrical wiring and fixtures may be performed on any legal nonconforming sign without altering its status as a legal nonconforming sign, up to 35% of its replacement cost new. If the repair or alteration of a legal nonconforming sign exceeds 35% of its replacement cost new, the sign shall no longer be deemed to be a legal nonconforming sign and shall be subject to the regulations of this part, including any applicable requirement to obtain a building permit and a certificate of appropriateness.

(C) Repairs eliminating nonconformity. Any repair or replacement of a legal nonconforming sign shall, whenever possible, eliminate or reduce any nonconformity in the element being repaired or replaced.

(D) Alteration, enlargement or moving a legal nonconforming sign. A legal nonconforming sign shall not be changed or altered in any manner that would increase the degree of its nonconformity, be enlarged or expanded, be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming. A change in sign message which does not otherwise violate the provisions of this part shall not be deemed to be prohibited by this § 153.058.

(E) Restoring nonconformity prohibited. A legal nonconforming sign that has been changed to eliminate its nonconformity or any element of its nonconformity shall not thereafter be changed to restore such nonconformity or nonconforming element.

(F) Damage or destruction of a legal nonconforming sign. A legal nonconforming sign, or any nonconforming element of a legal nonconforming sign capable of change or discontinuance separate from other elements of the sign, damaged or destroyed by any means to the extent of more than 35% of its replacement cost new shall not be restored but shall be removed or brought into conformity with the provisions of this code.

(G) Abandonment of a legal nonconforming sign. Any legal nonconforming sign that is an abandoned sign, regardless of any intent to resume the use of the sign or intent not to abandon the use of such sign, shall not thereafter be reestablished or resumed.

(H) Amortization of nonconforming signs. Legal nonconforming signs shall be removed or made to conform within three years from the effective date of this subsection.

(Ord. 1057, passed 2-22-2011)

§ 153.058 REVIEW OF PERMANENT SIGNS.

Within 120 days after the effective date of this part, the Administrative Official shall inspect all existing permanent signs throughout the “B” Business District for the purpose of identifying those existing signs which are not in compliance with this part, whether by reason of being prohibited signs, legal nonconforming signs, abandoned signs, dilapidated signs, unsafe signs, illegal signs, vandalized signs or signs which otherwise violate the provisions of this code.

(Ord. 1057, passed 2-22-2011)

§ 153.059 SIGN MAINTENANCE.

(A) Generally. The owner of a sign and the owner of the lot on which such sign is located shall be jointly and severally responsible to maintain such sign, including its illumination sources, in compliance with this part, this chapter and all applicable laws, and any applicable certificate of appropriateness, in a safe and secure condition, and in a 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. The premises around monument and freestanding signs shall be kept clean and free of all rubbish and weeds. It shall be unlawful to have an abandoned sign, dilapidated sign, unsafe sign or vandalized sign on any property in the village.

(B) Condition of permanent signs generally. Permanent signs shall be periodically repainted or otherwise maintained to prevent corrosion or deterioration caused by the weather, age or any other condition, and to keep all such signs in neat and orderly condition and aesthetically pleasing appearance. Obvious deterioration on a permanent sign, such as faded, peeling, and broken lettering, or chips and dents or discoloration on a painted surface, or tattered and torn material on an awning or canopy sign, are not allowed and must be promptly repaired or remedied.

(C) Dilapidated signs. The Administrative Official shall send written notice to the owner of any dilapidated sign, and to the owner of the building, structure or lot on which the dilapidated sign is attached or erected, if different, of the condition(s) of the sign which are deemed to make it a dilapidated sign. A dilapidated sign must be brought into compliance with the all applicable provisions within 30 days following notice of such violation.

(D) Unsafe signs. The Administrative Official shall send written notice to the owner of any unsafe sign, and to the owner of the building, structure or lot on which the unsafe sign is attached or erected, if different, of the condition(s) of the sign which are deemed to make it an unsafe sign. If the unsafe sign does not pose an immediate threat of harm to person or property, the Administrative Official may require the owner of the sign, and the owner of the building, structure or lot on which the unsafe sign is attached or erected, if different, to repair or remove the sign within seven days following notice of such violation. If the Administrative Official finds that any sign is so unsafe or improperly secured or structurally unsound, or is in danger of falling, or presents any kind of fire or electrical safety or shock hazard, or is otherwise a menace to the public, or is otherwise in such hazardous condition that immediate action is warranted, the village may notify, by whatever means is practical, the parties entitled to notice under this provision and direct the immediate removal of the sign or other action to abate the hazard.

(E) Vandalized signs. The Administrative Official shall send written notice to the owner of any vandalized sign, and to the owner of the building, structure or lot on which the vandalized sign is attached or erected, if different, of the condition(s) of the sign which are deemed to make it a vandalized sign. A vandalized sign must be brought into compliance with the all applicable provisions within 14 days following notice of such violation.

(F) Abandoned signs. The Administrative Official shall send written notice to the owner of any abandoned sign, and to the owner of the building, structure or lot on which the abandoned sign is attached or erected, if different, of the condition(s) which are deemed to make it an abandoned sign. An abandoned sign must be brought into compliance with the all applicable provisions within 30 days following notice of such violation.

(Ord. 1057, passed 2-22-2011)

§ 153.060 ADMINISTRATION AND ENFORCEMENT; VIOLATIONS.

(A) Administration and enforcement. The Administrative Official designated pursuant to § 153.225 shall administer and enforce this part as a component of his or her overall administration and enforcement of this chapter. Accordingly, the Administrative Official shall have all power and authority to administer and enforce this part pursuant to any other provision of this chapter and applicable law as well as the provisions of this part.

(B) Inspection of signs by village. The Administrative Official may inspect, at such reasonable times as deemed appropriate, signs regulated by this code to ascertain whether the sign structure is in conformance with the all provisions of this part and this chapter and other applicable law.

(1) Illegal permanent sign. A permanent sign which has been located, erected, used, displayed, constructed, installed, enlarged, expanded, altered, operated, maintained, relocated or removed in violation of this part, this chapter, or other applicable law is an illegal sign. Upon written notice by the Administrative Official to the owner of the Illegal sign that such sign is in violation of this part, the owner of such sign shall have seven days to bring the sign into compliance with this Part or remove the illegal sign.

(2) Illegal temporary sign. If any temporary, short-term temporary or daily-display temporary sign is being displayed or maintained in violation of the provisions of this part, written notice shall be given to the occupant or owner of the property on which the sign is located, who shall have 24 hours following receipt of notice from the village to alter or remove the sign.

(D) Enforcement actions. The Administrative Official may take such enforcement actions as are authorized by this part, this chapter and as otherwise authorized by law. These may include, without limitation and in any combination, the issuance of a stop work order, revocations of permits or other approvals, prosecution for violations, the bringing of a civil action for any penalty or fine, or the institution of the appropriate action at law or in equity to restrain, correct or abate such violation or to require the removal of the unlawful sign. Prior written notice of a violation shall not be required for the initiation of enforcement actions under this section if the violation creates an emergency or unsafe condition.

(E) Liability for damages, private remedies. Neither the provisions of this code nor the issuance of any building permit or certificate of appropriateness shall be construed as relieving any person erecting, owning or maintaining any sign from liability arising by reason of, or personal injury or property damage resulting from such sign, or work relating to such sign, or as limiting the liability of any such person by reason of personal injury or property damage so resulting. Nothing in this part shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this chapter from bringing an appropriate action to secure such relief.

(F) Complaints regarding violations. Whenever a violation of this part occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Administrative Official. He or she shall record properly and promptly investigate such complaint, and shall take action thereon as provided by this part, this chapter and other applicable law.