The purpose of this article is to establish minimum standards to safeguard life and property and promote public welfare and community aesthetics by regulating the appearance, construction, location and maintenance of all signs and billboards.

(Code 2006, § 13-1-140)

In addition to the general definitions found in section 44-5, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Awning means a temporary hood or cover which projects from the wall of the building, which can be retracted, folded or collapsed against the face of a supporting structure.

Banner means a temporary advertising sign constructed of cloth or other similar non-rigid materials.

Blanketing means the unreasonable obstruction of view of a sign caused by the placement of another sign.

Directly illuminated signs means any sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within or on such sign.

Directory sign means any sign on which the names and locations of occupants or the use of a building is given. The term "directory sign" shall include offices and church directories.

Electronic message unit sign means any sign whose message may be changed by electronic process, including such messages as copy, art, graphics, time, date, temperature, weather or information concerning civic, charitable or the advertising of products or services for sale on the premises. The term "electronic message unit sign" also includes traveling or segmented message displays.

Flashing sign means any directly or indirectly illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.

Ground sign or pole sign means any sign which is supported by structures or supports in or upon the ground and independent of support from any building; also referred to as a freestanding sign.

Identification sign means any sign which carries only the name of the firm, major enterprise, institution or principal products offered for sale on the premises or combination of these.

Indirectly illuminated sign means a sign that is illuminated from a source outside of the actual sign.

Nonconforming sign means any sign which does not conform to the regulations of this article.

Portable sign means any sign not permanently attached to the ground which is designed to be easily moved from one location to another.

Real estate sign means any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.

Roof sign means any sign erected upon or over the roof or parapet of any building.

Temporary sign means any sign intended to be displayed for a short period of time, including real estate, political, portable or construction site signs, and banners, decorative-type displays or anything similar to the aforementioned.

Wall sign means any sign attached to, erected on or painted on the wall of a building or structure and projecting not more than 18 inches from such wall.

Window sign means any sign located completely within an enclosed building and visible from a public way.

(Code 2006, § 13-1-141; Ord. No. 11(Ser. of 2009), § 1, 10-21-2009)

Except those specified in section 44-215, no signs shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or altered without a sign permit and without being in conformity with the provisions of this article. The sign shall also meet all requirements of other applicable codes and ordinances of the village. Applications for a sign permit shall be made to the zoning administrator.

(Code 2006, § 13-1-142; Ord. No. 16(Ser. of 2008), § 1, 11-19-2008)

All signs or billboards shall have a sign permit, except the following, provided that the following exempt signs may not be located over a public road right-of-way or in, on or over public water:

(1)

Signs over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed two feet in height and ten feet in length.

(2)

Real estate signs not to exceed eight square feet in area which advertise the sale, rental or lease of the premises upon which said signs are temporarily located.

(3)

Name, occupation and warning signs not to exceed four square feet located on the premises.

(4)

Bulletin boards for public, charitable or religious institutions not to exceed eight square feet in area located on the premises.

(5)

Memorial signs, tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against the structure.

(6)

Official signs, such as traffic control, parking restriction, information and notices.

(7)

Temporary signs, when authorized by the zoning administrator, for a period not to exceed 60 days.

(8)

A sign identifying a planned shopping center grouping may be permitted with the approval of the plan commission, and the commission may, in such case, modify the regulations applicable to the height, size and location of such sign consistent with the spirit and intent of the regulations.

(9)

A sign for the purpose of designating a new building or development, for promotion of a subdivision, for announcement of a special event or for similar special informational purposes may be permitted for a limited period of time in any district with the approval of the plan commission and subject to the following:

a.

Drawings showing the specific design, appearance and location of the sign shall be submitted to the plan commission for approval.

b.

The permitted size and location of any such sign shall be at the discretion of the plan commission based upon the character of the area, the type and purpose of the sign and the length of time permitted.

c.

Where the sign is to be located on the premises involved, such may be permitted for a period up to one year. An extension may be permitted for a period not to exceed two years total.

d.

Where the sign is not located on the premises involved, such sign may be permitted for a period not to exceed nine months.

(10)

Signs designating entrances, exits, service areas, parking areas, restrooms and other such box numbers or names of occupants of premises.

(11)

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises.

(12)

Flags and insignia of any government, except when displayed in connection with commercial promotion.

(13)

Legal notices, identification information or directional signs erected by governmental bodies.

(14)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

(15)

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

(16)

In commercial districts, temporary window signs advertising a sale or special event at an individual commercial establishment shall be exempt from the sign regulations.

(17)

In village-owned parks, commercial advertising banners with prior contract and written approval of the parks director and subject to the following:

a.

Each banner not to exceed 96 inches by 72 inches individually.

b.

All banners are to be securely attached to outfield fences between the foul poles with the advertising copy facing toward the infield.

c.

Banners may not exceed 150 days of placement in a single year.

d.

The village board may order the removal of any banner upon which any advertising copy may be found to be offensive or in violation of state or federal separation statutes or laws regarding such use of public property.

e.

The village may order the removal of any or all banners if found to create excessive loads or negative effects on the fences upon which they are attached.

(Code 2006, § 13-1-143; Ord. No. 11(Ser. of 2009), § 1, 10-21-2009)

Signs are permitted in various zoning districts pursuant to specific sign regulations prescribed in the regulation for each zoning district.

(Code 2006, § 13-1-144)

(a)

Signs in residential district. No sign in a residential district shall exceed eight feet in height or produce artificial light from within.

(b)

Traffic interference. Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs or devices. Signs shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices or the safe flow of traffic. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign shall be placed so as to obstruct or interfere with traffic visibility.

(c)

Moving or flashing signs. Except as provided in sections 44-221(b) and 44-225(g) and (h), no sign shall be erected which has any flashing, rotating or brilliant intermittent parts or lights, bare reflecting-type bulbs, banners, streamers or any other fluttering or spinning ornamentation, except those giving public service information such as time, date, temperature, weather or similar information or were allowed by conditional use permit.

(Code 2006, § 13-1-145)

(a)

Removal. All signs or billboards shall be removed by the owner or lessee of the premises upon which the sign or billboard is located when a business which it advertises has not been conducted for a period of six months or when, in the judgment of the building inspector, such sign or billboard is so old, dilapidated or has become so out of repair as to be dangerous or unsafe, whichever occurs first. If the owner or lessee fails to remove it, the village board may remove the sign or billboard at cost of the owner, following adequate written notice. The owner may appeal the village board's decision to the board of appeals.

(b)

Alterations. Any sign or billboard which was erected before the adoption of this sign article shall not be rebuilt or relocated without conforming to all of the requirements of this article.

(c)

Violations. All signs or billboards constructed or maintained in violation of any of the provisions of this article are hereby declared public nuisances within the meaning of this Code of Ordinances. In addition to the above penalty provisions for violation of this chapter, the village board may bring an action to abate the nuisance in the manner set forth in the state statutes.

(Code 2006, § 13-1-146)

Variances or exceptions to these sign regulations may be granted by the board of appeals, following a recommendation from the plan commission.

(Code 2006, § 13-1-147)

(a)

Installation. All signs and billboards shall be properly secured, supported and braced and shall be kept in reasonable structural condition and shall be kept clean and well painted at all times. Bolts or screws shall not be fastened to window frames. Every sign and its framework, braces, anchors and other supports shall be constructed of such material and with such workmanship as to be safe and satisfactory to the building inspector.

(b)

General requirements.

(1)

Awnings. Lowest part of any awning shall be seven feet above the sidewalk. Signs are allowed directly on the awning or hanging on the frame but not below seven feet.

(2)

Roof signs. No sign shall be located so as to project above the parapet line, unless approved by the plan commission.

(3)

Illuminated signs. Any illuminated signs or billboards shall not interfere with surrounding properties or traffic.

(4)

Projection. Signs including supports shall not project beyond five feet of the face of the wall to which attached.

(5)

Blanketing. Blanketing of signs shall not be allowed.

(6)

Maintenance. All billboards and signs, including supports shall not project beyond five feet of the face of the wall to which attached.

(c)

Searchlights. The village board may permit the temporary use of a searchlight for advertising purposes in any district provided that the searchlight will not be located in any public right-of-way, will not be located closer than ten feet to an adjacent property and will not cause a hazard to traffic or adjoining properties. Searchlight permits shall not be granted for a period of more than five days in any six-month period.

(d)

Signs on public right-of-way. Signs shall not be permitted on public rights-of-way except for traffic control, parking and directional signs and as otherwise specified in this chapter.

(Code 2006, § 13-1-148)

(a)

Temporary sign limitations. The following are limitations for temporary sign erection:

(1)

All temporary signs such as construction site and political signs may be erected for 60 days and shall be removed within ten days after their use has discontinued.

(2)

Temporary signs may be placed on a property, but shall not be located on a right-of-way terrace, and shall not interfere with driveway or street vision clearance.

(b)

Electronic message unit signs. The restrictions for electronic message unit signs are as follows:

(c)

Advertise activities or present public service information sign. Such signs may be used only to advertise activities conducted on the premises or to present public service information.

(1)

Segmented messages must be displayed for not less than one-half second or more than ten seconds.

(2)

Traveling messages may travel no slower than 16 light columns per second and no faster than 32 columns per second.

(d)

Portable signs. The restrictions for portable signs are as follows:

(1)

Such signs shall be limited in use to 15 days at a time following approval by the zoning administrator; provided, however, that the zoning administrator shall not give approval for placement of a portable sign if it presents a vision obstruction and not more frequently than six times per year at any one location.

(2)

The maximum portable sign size shall be 100 square feet on each face, back-to-back.

(Code 2006, § 13-1-149)

(a)

Signs eligible for characterization as legal nonconforming. Any sign located within the village limits of the date of adoption of the ordinance from which this article is derived or located in an area annexed to the village hereafter which does not conform with the provisions of this article is eligible for characterization as a legal nonconforming sign and is permitted, providing it meets the following requirements:

(1)

The sign was covered by a proper sign permit prior to the date of adoption of the sign ordinance from which this article is derived;

(2)

If no permit was required under the applicable law for the sign in question and the sign was, in all respects, in compliance with applicable law on the date of adoption of the sign ordinance from which this article is derived.

(b)

Loss of legal nonconforming status. A sign loses its nonconforming status if one or more of the following occurs:

(1)

The sign is structurally altered in any way, except for normal maintenance or repair, which tends to or makes the sign less in compliance with requirements of this article than it was before alteration;

(2)

The sign is relocated;

(3)

The sign fails to conform to the village requirements regarding maintenance and repair, abandonment or dangerous or defective signs;

(4)

On the date of occurrence on any the factors in subsections (b)(1) through (3) of this section, the sign shall be immediately brought in compliance with this article with a new permit secured therefor or shall be removed.

(c)

Legal nonconforming sign maintenance and repair. Nothing in this article shall relieve the owner or use of a legal nonconforming sign or the owner of the property in which the sign is located from the provisions of this article regarding safety, maintenance and repair of signs.

(Code 2006, § 13-1-150)

All billboards, signs and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed to receive dead loads as required in the building code or other ordinances of the village.

(Code 2006, § 13-1-151)

Except as otherwise herein provided, all billboards and/or sign messages shall be removed by the owner or lessee of the premises upon which an off-premises sign/billboard is located when the business it advertised is no longer conducted where advertised. If the owner or lessee fails to remove the sign/billboard, the village board shall give the owner 60 days' written notice to remove said sign/billboard and thereafter, upon the owner's or lessee's failure to comply, may remove such sign/billboard, any costs for which shall be charged to the owner of the property or may be assessed as a special assessment against the property, and/or the village board may take any other appropriate legal action necessary to attain compliance.

(Code 2006, § 13-1-152)

(a)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Billboard means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered, not necessarily on the premises where the sign is located, or directs persons to a different location from where the sign is located. This definition is intended to prevent a business from buying the property across the street in order to allow a business the right to put up an adjacent "on-premises" sign or billboard.

(b)

Permit required. No person, firm, or corporation, or other business entity shall erect, repair, alter, relocate, or maintain within the village any billboard without first obtaining a billboard permit from the zoning administrator and making payment of the permit fee required thereunder. The billboard permit fee is $0.30 per square foot with a minimum charge of $25.00.

(c)

Application. No permit shall be granted until an application has been filed with the zoning administrator to ensure full compliance. Application for erection permits shall be made upon forms provided by the zoning administrator and shall contain or have attached the following information:

(1)

The name, address, and telephone number of the applicant.

(2)

The location of the building, structure, or lot to which the sign or advertising structure is to be erected or attached.

(3)

The position of the sign or advertising structure in relation to nearby buildings or structures.

(4)

A blueprint or ink drawing including the plans, specifications, method of construction and attachment to the building or in the ground.

(5)

A copy of the stress sheets and calculations which establish that the structure is designed for wind pressure in any direction for the amount required by subsection (e) of this section.

(6)

The name of person, firm, corporation, or association erecting the structure.

(7)

Written consent of the owner of the building, structure, or land to which or on which the structure is to be located.

(8)

Any electrical permit required and issued for said sign.

(9)

Any other information that the zoning administrator deems necessary to show full compliance with these regulations.

(d)

Inspection. The applicant shall, upon completion of the installation, relocation, or alteration of each billboard notify the building inspector, who will perform an inspection of each billboard within 30 days of receiving said notice to ensure that it complies with the regulations set forth in this section.

(e)

Requirements. Requirements for billboards are as follows:

(1)

District requirements. Billboards shall be allowed in the following districts in accordance with the height and setback regulations set forth in the following table:

(2)

Wind pressure. All billboards shall be constructed so as to withstand a wind pressure of not less than 30 pounds per square foot with a safety factor of four; and when such billboard is constructed, put up, or maintained on any wall of any building, it shall be securely fastened or anchored to such wall or building; and all fasteners or anchors used shall be made of metal and be maintained free from rust or defects of any kind.

(3)

Annual inspection and fee. The building inspector or one of his representatives shall annually, or at other times he deems necessary, inspect each billboard regulated by this section for the purpose of determining whether said billboard is secure or insecure and whether it is in the need of repair or removal; and to meet the expense of said inspection the permittee shall pay the village each year the sum of $10.00. However, no inspection fee other than the permit fee will be charged during the calendar year in which the billboard is erected.

(4)

Maintenance. All billboards shall be kept in a good and structural condition and have an appearance that is neat and clean.

(5)

Nonliability by village. The owner or lessee of premises upon which a billboard is located shall be liable for any and all damages and injuries that may be caused by either person or property by reason of the maintenance thereof.

(f)

Limitations. Limitations on billboard are as follows:

(1)

No billboard may be constructed within 800 feet of a residential district.

(2)

No billboard shall be constructed within 400 feet of the intersecting right-of-way of signalized intersections, and no billboard shall be erected within 200 feet of the intersecting right-of-way of all other streets.

(3)

No billboard shall be constructed within the fire zone as described in the official map of the village.

(4)

No billboard shall be allowed within the fire zone as described in the official map of the village.

(5)

No more than one billboard shall be constructed back-to-back upon one lot.

(6)

No roof-mounted billboards (off-premises signs) shall be allowed.

(7)

The maximum size of a billboard shall be 360 square feet.

(g)

Flashing billboards. Flashing billboards will be permitted, but the intensity of the bulb cannot exceed 25 watts. Bare reflecting-type bulbs of any kind are not allowed for flashing or nonflashing billboard unless it is properly shaded so as not to interfere with surrounding properties.

(h)

Illuminated billboards. Any illuminated billboard shall not interfere with surrounding properties or traffic.

(i)

Compliance requirements for nonconforming billboards. Billboards lawfully erected in compliance with previous regulations and possessing no variance which do not conform to the provisions of this section are declared nonconforming billboards and shall be removed; provided that such billboards may be maintained for the longer of the following two periods:

(1)

Three years from the date upon which the billboard became nonconforming under the provisions of this section and amendments hereto; or

(2)

A period of from three to five years from the installation date or most recent renovation date which preceded the effective date of the ordinance from which this zoning chapter is derived; provided, however, that if the date of the most recent renovation is chosen as the starting date for the period of amortization, then such period of amortization shall be calculated according to the cost of the billboard. The term of years to be determined by the cost of the billboard or of such renovation, including installation cost, shall be as follows:

Any owner of a billboard who desire to rely upon an amortization period longer than three years shall file with the village within one year from the effective date of the ordinance from which this section is derived, a statement setting forth the cost and date of the most recent renovation and a written agreement to remove or bring into compliance such nonconforming billboard at or prior to the expiration of the amortization period applicable to that billboard.

(j)

Appeals. Appeals and decisions of the zoning administrator or building inspector shall be to the board of appeals pursuant to this chapter.

(k)

Indemnity requirements. Every application for a permit referred to herein shall, before the permit is granted, file with the building inspector a continuing bond in the penal sum of $5,000.00, executed by the applicant and a surety company to be approved by the village attorney and conditioned for the faithful observance of the provisions of this section and all amendments thereto and of all laws and ordinances relating to signs and other advertising structures, and which shall indemnify and save harmless the village from any and all damages, judgments, costs or expense which the said village may incur or suffer by reason of the granting of said permit. Any person lawfully maintaining a sign or other advertising structures, and which shall indemnify and save harmless the village from any and all damages, judgments, costs or expense which the said village may incur or suffer by reason of the granting of said permit. Any person lawfully maintaining a sign or other advertising structure regulated by this section (April 17, 1984) at the time of the enactment of the ordinance from which this section is derived shall, within 30 days after said enactment, comply with all the provisions set forth in this section. A liability insurance policy issued by an insurance company authorized to do business in the state conforming to this section may be permitted in lieu of bond.

(Code 2006, § 13-1-153)