It is hereby determined that a proliferation of signs in the Village of Lexington is unduly distracting to motorists and pedestrians, creates a traffic hazard, and reduces the effectiveness of signs needed to direct and warn the public. It is also determined that the appearance of the Village is damaged by a proliferation of signs, which restricts light and air. It is further determined that a proliferation of signs negatively affects property values and also results in an inappropriate use of land.

The purpose of this Article is to control the occurrence and size of signs in order to reduce the aforementioned negative effects. It is also determined that the signs of least value to people within the Village are those which carry commercial message other than the advertisement of a product, service, event, person, institution, or business located on the premise where the sign is located or indicate the sale or rental of such premise. It is also determined that the regulations contained herein are the minimum amount of regulation necessary to implement the purpose and intent of this Article. It is also further determined that restrictions in this Article and/or other Articles on the size of signs and/or their height and placement on real estate are the minimum amount necessary to achieve their purpose.

   1.   Required. A sign permit shall be required for the erection, construction, or alteration of any sign, except as provided in this article, and all such signs shall be approved by the Zoning Administrator as to compliance with the requirements of the zoning district wherein such sign is to be located with the requirements of this article and with all applicable regulations as set forth by the county building department. All illuminated signs are additionally subject to the provisions of the county electrical code and any permit fees required there under.

   2.   Application contents requisites.

      a.   Name and address of the applicant.

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

      c.   Position of the sign in relation to the neighboring buildings or structures and to the property lines.

      d.   One blueprint or ink drawing of the plans and specifications for the method of construction, materials to be used and/or attachment to the building or ground.

      e.   Names of persons erecting the structures.

      f.   Written consent of the owner of the building or structure to which or on which the sign is to be erected.

      g.   An electrical permit (if required) attached to the permit application.

      h.   Such other information as the zoning administrator or the building inspector deems necessary to show full compliance with this article.

   3.   Issuance. If, upon examination of the submitted plans and other data, it appears, that the proposed sign is in compliance with all the requirements of this chapter, the zoning administrator shall issue a sign permit. If the work authorized under said permit has not been completed within six (6) months after the date of issuance, the permit will be null and void.

   4.   Revocation. All rights and privileges acquired under this article are mere licenses revocable at any time, and all such permits shall contain this provision.

   5.   Unsafe, unlawful signs: Inspection authority. If the zoning administrator finds that a sign/mural is unsafe or is a menace to the public or has been constructed or erected or is maintained in violation of this article or contains any offensive, obscene, indecent, or immoral matter, determined as such by the village, he/she shall give written notice to the owner of said sign. If the owner fails to remove or alter the structure so as to comply with this article within ten days after such notice, the sign shall be removed or altered by the village at the expense of the owner. The village may cause any sign, which is an immediate peril to persons or property, to be removed immediately and without notice.

No sign shall be erected, constructed, and maintained until a permit for the sign has been issued by the zoning administrator, unless otherwise noted in this article; provided no permit will be required for the following:

   1.   Nameplates not exceeding four (4) square feet in size.

   2.   Political signs for public office or issues to be determined by election may be erected Forty-five (45) days prior to an election. Such signs shall be erected on private property only and no less than one hundred (100) feet from any entrance to a building in which a polling place is located. No signs shall be placed in public rights- of-way. All such political signs must be removed within five (5) days following Election Day. Size of signs are limited as follows:

      a.    Sixteen (16) square feet in R-1, R-2, R-3, MHP, C-MU, G-MU, and CBD districts.

      b.   Thirty-two (32) square feet ft. in GC, I-MU, and AG districts.

   3.   Real estate signs for land or buildings for rent, lease, or sale in any district provided such signs are located on the property intended to be rented, leased, or sold. Sizes of signs are limited as follows:

      a.    Sixteen (16) square feet in R-1, R-2, R-3, MHP, C-MU, G-MU, and CBD districts.

      b.   Thirty-two (32) square feet in GC, I-MU, and AG districts.

   4.   Directional signs which indicate the direction of traffic flow on private property. Directional signs shall not exceed four (4) square feet in size and shall contain no advertising but may be illuminated.

   5.   Traffic or other municipal signs, legal notices, danger signs and such temporary, emergency, or non-advertising signs as may be approved by the village council.

   6.   Bulletin boards for public, charitable or religious institutions when bulletin boards are located on the premises of the institution. Sizes of signs are limited as follows:

      a.    Sixteen (16) square feet in R-1, R-2, R-3, MHP C-MU, G-MU, and CBD districts.

      b.   Thirty-two (32) square feet in GC, I-MU, and AG districts.

   7.   One (1) non-illuminated freestanding sign listing persons or firms connected with development or construction work being performed on a premise with a valid building permit. Such signs shall not exceed sixteen (16) square feet in R-1, R-2, R-3, MHP, C-MU, G MU, and CBD districts or thirty-two (32) square feet in GC, I-MU, and AG districts. Further, such signs shall be removed within thirty (30) days of the issuance of a certificate of occupancy.

   8.   Signs advertising essential services, such as landscaping, carpet cleaning, etc. are allowed in all districts for a time period of no more than the period of time the service is actively being performed and shall not exceed four (4) square feet.

   9.   Lakefront property with front yards bordering public access private property signage. Signs are limited as follows.

      a.   No larger than twenty-four inches by twenty-four inches (24" x 24").

      b.   No more than one sign per twenty (20) feet.

      c.   Signs shall be installed in a manner that minimizes visual intrusion when viewed from the lake or shoreline.

      d.   Signs will be mounted on a ground mounted post on private property.

      e.   Sandwich signs may be displayed and removed intermittently to the extent necessary.

      f.   Signs will comply with all village aesthetic standards.

   10.   The exemptions provided for in this section shall apply only to the requirement for a permit and shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance in a good safe condition.

Refer to Section 2.2 for the definition of sign and various types of signs.

   1.   One (1) wall sign shall be permitted per premise. One (1) additional wall sign may be permitted if at least one of the following conditions exists:

      a.   The premise has frontage on more than one public roadway.

      b.   The premise includes a building with more than one wall providing an individual means of access to the public.

      c.   The premise includes a building where the only means of access to the public is provided from a wall other than the front wall.

Where two (2) wall signs are permitted, the total allowable square footage of the two (2) wall signs in combination shall not exceed one-hundred fifty (150%) percent of the maximum allowable square footage for the District as specified in Section 8.6.

   2.   For premises containing a building(s) with distinct and separate uses, one (1) wall sign shall be permitted for each store front. However, no individual sign shall exceed the maximum allowable square footage for the District as specified in Section 8.6

   1.    One (1) free-standing sign shall be permitted per premise which has frontage on only one public roadway.

   2.    Two (2) free-standing signs shall be permitted per premise which has frontage on two (2) public roads. One (1) sign shall not exceed the area requirements set forth herein. The second sign shall not exceed fifty (50%) percent of the area requirements as set forth herein and shall be placed at least one hundred (100) feet from the first sign and along the other street.

   3.   A free-standing sign shall have a minimum setback of five (5) feet from a public road right-of-way and a setback distance equal to the height of the sign from all other boundaries.

   4.   A free-standing sign which advertises multi-businesses located on that property may have a sign one hundred fifty (150%) percent larger than otherwise permitted. The supporting structure shall not be more than one (1) foot higher than the height of the permitted sign.

   5.   Signage on awnings is regulated as wall signs except where the signage is limited to the height and width of the awning rather than the supporting wall.

   1.   In addition to other signs permitted for a business, one (1) sandwich board sign is also permitted per premise which has frontage on a public roadway.

   2.   Two (2) signs will be permitted per premise which has frontage on two (2) public roadways.

See chart in Section 8.6.1 for requirements.

Wall signs, Free-Standing signs and murals shall be permitted by the District in accordance with the following regulations:

 

8.7.1. Projecting signs shall be permitted in CBD (Central Business District), C-MU, and GC Districts.

8.7.2. The surface area of the projecting sign shall not exceed twenty (20) square feet on each side or a total of forty (40) square feet. The total square feet of the projecting sign (both sides) shall be subtracted from the total allowable wall signage square footage permitted for the District in which the sign is located.

8.7.3. The bottom of the projecting sign shall be a minimum of ten (10) feet above the surface of the sidewalk or ground area, or otherwise be located so as not to interfere with pedestrian traffic.

8.7.4. A permitted projecting sign may extend past the roofline or the side of the building not more than two (2) feet, providing that the portion of the sign that projects past the roofline or the side of the building does not interfere with the sight of clear vis ion of the surrounding businesses or impede a clear line of vision for the orderly flow of pedestrian or vehicular traffic. Projecting signs shall not be located closer to the ground than ten (10) feet.

   1.    Temporary signs, i.e. political, real estate, address identification, portable, etc., do not require a permit, but must otherwise adhere to the ordinance. In the CBD District, these signs must not occupy the five (5) foot sidewalk clear area space. In all other districts, the signs shall not be placed in a public right-of-way.

   2.   In all districts, the Zoning Administrator may allow a business, as part of a startup phase, a grand opening, an anniversary celebration, etc. to use a temporary sign for up to a thirty (30) day period. All temporary signs under this provision shall comply with all requirements pertaining to height and area for the zoning district in which they are located.

   3.   Permission to use portable non-illuminated changeable letter signs for civic or charitable activities may be authorized by the zoning administrator without fee. The use is limited to four (4) times per year and shall not exceed thirty (30) days for any one use. The sign shall not exceed thirty-two (32) square feet.

   4.   Permission to use a portable non-illuminated changeable letter sign for business or other related activities may be authorized by the zoning administrator without fee. The use is limited to two (2) times per year and shall not exceed sixteen (16) days for any one use. The sign shall not exceed thirty-two (32) square feet.

   5.   Permission to display a banner or sign for a civic or charitable activity may be authorized by the Zoning Administrator without fee. The sign/banner may be placed up to ten (10) days prior to the event and must be removed within forty-eight (48)

   6.   hours of the completion of the event.

   7.   Within the CBD Districts, banners are permitted for up to a thirty (30) day period no more than one (1) time per year. Only those businesses with direct pedestrian access from the public right-of-way shall be permitted to have banners. These banners shall not exceed twenty (20) square feet in area. The banners must be affixed to the building and shall be designed and attached to avoid interference with or distraction to pedestrian or vehicular traffic. Banners shall not exceed thirty (30%) per cent of the square foot of the wall they are attached to, less all openings. Feather flag signs shall not be permitted as banners within the CBD Districts.

   8.   Within the C-MU, G-MU and GC Districts, banners are permitted for up to a thirty (30) day period no more than one (1) time per year. Only those businesses with direct pedestrian access from the public right-of-way shall be permitted to have banners, and no more than one (1) banner is allowed per premises. Banners affixed to the ground, including feather flag signs, shall not exceed twenty (20) square feet of display area or ten (10) feet in height and shall be so located to avoid interference with or distraction to pedestrian or vehicular traffic. Banners affixed to a building shall not exceed twenty (20) square feet in area.

   9.   All banners which are not properly maintained shall be removed at the order of the Zoning Administrator.

Billboards shall be permitted only in the I-MU District, subject to the Standards contained herein, and the Advertising Act of 1972, as amended.

   1.   Not more than three (3) billboards may be located per linear mile of street or the highway regardless of the fact that such billboards may be located on different sides of the street or highway. The linear measurement shall not be limited to the boundaries of the Village of Lexington where the particular street or highway extends beyond such boundaries.

Double-faced billboard structures having only one (1) face visible to traffic proceeding from any given direction on a street or highway shall be considered as one (1) billboard. Additionally, billboard structures having tandem faces [i.e., two (2) parallel faces facing the same direction and side by side to one (1) another] or stacked billboard faces (i.e., two (2) billboard faces facing the same direction with one (1) face being directly above the other) shall be considered as one (1) billboard. Otherwise, billboard structures having more than one (1) billboard face shall be considered as two (2) billboards and shall be prohibited in accordance with the minimum spacing requirement set forth in Subsection 2 below.

   2.   No billboard shall be located within 1,000 feet of another billboard abutting either side of the same street or highway.

   3.   No billboard shall be located within two hundred (200) feet of a residential zone and/ or existing residence. If the billboard is illuminated, this requirement distance shall instead be three hundred (300) feet.

   4.   No billboard shall be located closer than seventy-five (75) feet from a property line adjoining a public right-of-way or ten (10) feet from any interior boundary line of the premises on which the billboard is located.

The height of a billboard shall not exceed thirty (30) feet above the level of the street or road upon which the billboard faces or to which the message upon the billboard is directed. In the event that the billboard is situated upon two (2) streets or roads having different levels, the height of the billboard shall be measured from the higher street or road.

The surface display area of any side of a billboard may not exceed three hundred (300) square feet. In the case of billboard structures with tandem or stacked faces, the combined surface display area of both faces may not exceed three hundred (300) square feet.

A billboard may be illuminated, provided such illumination is concentrated on the surface of the sign and is located so as to avoid glare or reflection onto any portion of an adjacent street or highway, the path of on-coming vehicles or any adjacent premises. In no event shall any billboard have flashing or intermittent lights, not shall the lights be permitted to rotate or oscillate.

   1.   No billboard shall be on top of, cantilevered or otherwise suspended above the roof of any building.

   2.   A billboard must be constructed in such a fashion that it will withstand all wind and vibration forces that can normally be expected to occur in the vicinity. A billboard must be maintained so as to assure proper alignment of structure, continued structural soundness and continued readability.

For offices, parks, industrial parks and multi-tenant buildings in the CBD, C-MU, G-MU and GG districts, directory signs which identify multiple occupants or uses within a building on a lot shall be permitted in addition to other permitted signs under these regulations.

   1.   No more than one (1) directory sign per lot is permitted, except where a lot has frontage on no less than two (2) sides.

   2.   No directory sign shall exceed twenty-four (24) square feet in area or six (6) feet in height from the finished grade.

   3.   No directory sign shall be located closer than ten (10) feet to any property line in all districts except for CBD and shall not be a projecting sign.

One menu board sign for a restaurant shall be permitted in addition to other signs permitted under these regulations provided such sign does not exceed sixteen (16) square feet in area. The sign shall be a wall sign or mounted on an existing free-standing sign.

Within the C-MU and GC Districts, changeable copy signs, including electronic changeable copy signs shall be permitted when incorporated into a permitted freestanding or ground sign, provided that the area devoted to changeable copy does not exceed thirty percent (30%) of the freestanding or ground sign area. They are prohibited in all other districts.

   1.   Electronic changeable copy signs shall be further subject to the following:

      a.   Sign displays shall contain static messages only, changed through dissolve or fade transitions or the use of other suitable transitions and frame effects that do not otherwise have the appearance of moving text and images caused by flashing, scrolling, or varying light intensity levels. Full animation or video broadcasting is expressly prohibited, as well as the use of flashing, traveling, scrolling, rolling, splicing, zooming, exploding, pulsating, blinking and other such characters. The top of a changeable sign shall not exceed 15 feet in height above average ground level.

      b.   Each message must be displayed for a minimum of thirty (30) seconds, with no more than one (1) second of message change interval or "off-time" between messages.

      c.   The level of illumination produced by an electronic changeable copy sign shall not exceed 0.3 footcandles over ambient (i.e., naturally illuminated environment) lighting conditions. Measurement of sign brightness shall be in accordance with the then-current methodology, sign area, and measurement distances recommended by the International Sign Association.

      d.   The sign shall be equipped with, and shall use, photocell technology, a programmable dimmer, or a similar mechanism to automatically adjust brightness and contrast based on ambient light conditions. The sign shall also incorporate security technology or devices to prevent unintended changes to sign messages or images by other than the sign operator.

      e.   Any sign permit application shall include a certification from either the owner, operator and/or manufacturer of the sign stating that the sign shall at all times be operated in accordance with the operational and performance requirements of this section. Any electronic changeable copy sign found to be in violation of the operational and performance requirements shall be turned off until such time as the Zoning Administrator determines the sign is in full compliance with such requirements.

      f.   All electronic changeable copy signs shall be designed to achieve a default status during periods of sign malfunction that will turn off the sign entirely.

      g.   Electronic changeable copy signs shall be installed in a manner that does not unreasonably interfere with the use and enjoyment of neighboring residentially zoned property. No electronic changeable copy sign shall be located closer than 100 feet to any dwelling in residential zoned property (R-1, R-2, R-3, MHP) or used for residential purposes. However, the planning commission may increase this setback distance by up to an additional 100 feet to minimize any potential nuisance effects deemed caused by the unique attributes of the sign installation in relationship to abutting residential property. These characteristics include, but are not necessarily limited to, the height and/or size of the proposed electronic changeable copy sign, the adequacy of existing or proposed buffers, or the orientation of residential sleeping quarters found in neighboring homes.

      h.   Messages shall only relate to the business, event, goods, profession, or services being conducted, sold or offered at the same location where the sign is erected or messages of a civic or emergency nature displayed for the benefit of the general public.

   2.    Manual copy signs shall be further subject to the following:

      a.   Lettering on manual changeable copy signs directed to local or collector streets shall not exceed three (3) inches in height.

      b.   Lettering used on a manual changeable copy signs directed to secondary or major arterial streets shall not exceed six (6) inches in height.

      c.   Lettering on manual changeable copy signs directed to pedestrians shall be at least two (2) inches in height, but not more than four (4) inches in height.

If a structure/building within the Village has been designated a State Historical Site or is listed in the National Register of Historic Places, then a marker designating that fact, obtained from the appropriate state or federal agency, shall be permitted in addition to any other sign or signs which may lawfully be placed on the structure or the property on which the structure is located.

Anyone wishing to place a historic marker on a structure or property shall complete and file a sign permit application with the Zoning Administrator. No fee shall be charged for a historic marker application. Placement of the historic sign/marker will be subject to the state or federal specifications. In the case of no specifications detailed by the state or federal agency, the zoning administrator will determine the placement.

   1.    Any sign, including the posting of hours of operation, display of credit cards, illuminated open sign, and/or street or building address, which is painted or mounted onto a windowpane, or which is hung directly inside the window with the purpose or effect of identifying any premises from the sidewalk or street does not require a permit or fee.

   2.    Window signs do not count in the calculation of total building signage permitted. However, window signs shall not exceed more than 30% of the total window area on the floor level and no more than 50% coverage per window.

All signs that are not expressly permitted in this ordinance are prohibited, including the following prohibited signs: flashing signs; interactive signs (except temporary signs used by law enforcement); mechanical movement signs; and, signs painted, posted, or mounted on trees, rocks, or other natural features, fences, fence posts, light poles, benches, flower boxes, perimeter or privacy walls, and telephone or utility poles.

The owner of any sign which is otherwise allowed under this section may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary. This provision does not create a right to increase the total amount of signage on a lot or allow the substitution of an off-site commercial message in place of an on-site commercial message.