Regulations are hereby established to control the type, design, size, location and maintenance of signs in order to achieve the following:

   (a)   To promote and maintain high quality residential districts and attractive public facilities;

   (b)   To provide reasonable, yet appropriate, conditions for identifying institutions, businesses, and office and retail establishments.

   (c)   To provide a safe environment by eliminating any conflict between advertising or identification signs and traffic-control signs which would be hazardous to the safety of the public;

   (d)   To control temporary signs and prohibit undesirable impacts on property values and neighborhood character.

   (e)   To guarantee equal treatment under the law through accurate record keeping and consistent enforcement; and

   (f)   To allow a medium for non-commercial expression balanced against the community's interest to preserve the integrity and aesthetics of the residential community.

(Ord. 2012-20, passed 4-17-2012)

   The regulations of this chapter govern and control the erection, enlargement, relocation, expansion, alteration, operation, illumination, maintenance, relocation, and removal of all signs within the village visible from any street, sidewalk, or public or private common open space. Any sign not expressly permitted by these regulations is prohibited. The regulations of this chapter shall be in addition to any other Village Code provisions applicable to the construction and maintenance of signs.

(Ord. 2012-20, passed 4-17-2012)

   For the purpose of this chapter, the following definitions shall apply. Words not defined in this section but otherwise defined in this Zoning Code shall be given the meanings set forth therein:

   A-FRAME SIGN. A movable sign not secured or attached to the ground which is constructed with two sides attached at the top so as to allow the sign to stand in an upright position.

   ANIMATED SIGN. A sign which involves motion or rotation of any part by mechanical or artificial means or which displays flashing or intermittent lights, excluding an electronic changeable copy sign.

   AWNING. A structure constructed of fabric or metal placed so as to extend outward from the building, providing a protective shield for doors, windows and other openings, with supports extending back to the building, supported entirely by the building. Also a CANOPY.

   AWNING SIGN. A sign that is painted or otherwise made part of the awning material. Also a CANOPY SIGN.

   BANNER, SECURED. A sign intended to be hung on a frame, secured at the top and bottom, possessing characters, letters, illustrations or ornamentations applied to plastic or fabric of any kind, excluding official flags or emblems of political, religious or educational organizations.

   BANNER, UNSECURED. A sign on plastic or fabric of any kind which is not secured in the manner described in the definition of a SECURED BANNER.

   BILLBOARD (OUTDOOR ADVERTISING SIGN). A type of off-premises sign, classified as a business use generally, but not limited to, a rigidly assembled sign, display, or device, usually free standing, that is affixed to the ground or to a building. The primary purpose of which is to display advertising posters. Such signs commonly referred to as "billboards" or "poster panels" are generally designed so that the copy or poster on the sign can be changed and the advertising space may be leased.

   BULLETIN BOARD. See KIOSK.

   BUILDING OR HOUSE NUMBERS SIGN. A flat sign which identifies the address of the property.

   BUILDING PLAQUE SIGN. A plaque designating names of buildings, occupants and/or date of erection and other items such as architect, contractor or others involved in the building's creation, cut into or attached to a building surface and measuring no more than four square feet in area.

   BUILDING SECURITY SIGN. A sign indicating the presence of an electronic security system on the premises.

   BUILDING SIGN. A sign attached to a building and which is not supported by any structure placed in or upon the ground surface. See, FLAT SIGN, or, WALL SIGN.

   CANOPY. A structure constructed of fabric or other material placed so as to extend outward from the building, providing a protective shield for doors, windows, and other openings, supported by the building and supports extending to the ground directly under the canopy.

   CANOPY SIGN. A sign that is painted or otherwise made part of the canopy material. Also an AWNING SIGN.

   CLEAR SIGHT TRIANGLE. The triangular area formed by a diagonal line connecting two points located on intersecting right-of-way lines (or a right-of-way line and the edge of an access road), each point being 15 feet from the intersection, and the two intersecting right-of-way lines (or a right-of-way line and an access road). See Figure 1264.11-C.

   CLEARANCE (OF A SIGN). The smallest vertical distance between the surface grade beneath the sign and the lowest point of any sign, including framework and embellishments, extending over that grade.

   COMMERCIAL SIGN. A sign that contains any information or advertising for any business, commodity, service, entertainment, product, or other attractions, and which excludes political signs.

   CONSTRUCTION SIGN. A sign erected on the premises on which construction, alteration, or repair is taking place, during the period of construction, displaying only the names of the architects, engineers, landscape architects, contractors, or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interests with respect to the structure or project.

   COVERED WALKWAY SIGN. A flat sign affixed at the top of the sign to a cover, awning, or roof above, which is designed to direct pedestrians using the walkway to stores accessible from the covered walkway.

   DIRECTIONAL SIGN. A permanent sign designed to guide vehicular and/or pedestrian traffic by using words such as "Entrance", "Exit", "Parking", "One-Way" or similar directional instruction.

   DIRECTORY SIGN. A secondary sign on which the names and locations of occupants or the use of a building or property are identified.

   ELECTRONIC CHANGEABLE COPY SIGN. A sign containing a computer generated message such as public service time, temperature and date sign, message center or reader board, where different copy changes of a public service or commercial nature are shown on the same lamp bank or message facility. For the purposes of this Chapter 1264, the term ELECTRONIC CHANGEABLE COPY SIGN shall not be defined as a type of ANIMATED SIGN.

   FLASHING SIGN. A sign that uses intermittent, moving or flashing light source to attract attention.

   FLAT SIGN. A type of building sign erected parallel to and attached to the outside wall or window of a building and extending not more than 24 inches from such wall, with messages or copy on the face side only, which may also be known as a WALL SIGN.

   GAS PUMP SIGN. Informational matter appearing on a gasoline pump as purchased or installed.

   GAS TUBE SIGNS and NEON SIGNS. An illuminated sign affected by a light source consisting of a neon or gas tube that is bent to form letters, symbols, or other shapes.

   GOVERNMENT SIGN. Any temporary or permanent sign erected and maintained for any official governmental purpose.

   GROUND OR GROUND-MOUNTED SIGN. A freestanding sign whose face extends to the ground or to a base.

   HEIGHT (OF A SIGN). The vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the surface grade beneath the sign. (Compare: CLEARANCE) (See Figures 1264.11-A and 1264.11-B)

   HISTORICAL MARKER. A type of memorial sign limited in content to the identification of an historical building or structure or the site of an historical event.

   ILLUMINATED SIGN. A sign which has characters, letters, figures, designs or outlines illuminated by electric lights, luminous tubes or other means as a part of the sign proper.

   INCIDENTAL RESIDENTIAL SIGN. Any sign that is customarily incidental to a residential use.

   INFORMATIONAL SIGN. An on-premises sign which identifies the building or use but may not include an advertising message.

   INSTITUTIONAL BULLETIN BOARD or KIOSK. A bulletin board of kiosk maintained on a premises owned by a unit of government, church or place of worship, a not-for-profit organization or recreation center; includes any paper notices affixed thereto.

   INTERIOR SIGN. A sign located within the building so as to be visible only from within the building in which the sign is located. Excludes window signs and other signs that are readily visible from the exterior of the building.

   KIOSK. A structure which is used for the posting of temporary signs.

   LOGO. A business trademark or symbol.

   MARQUEE. Any hood or awning or permanent construction projecting from the wall or building above an entrance.

   MARQUEE SIGN. A sign attached to a marquee.

   MEMORIAL SIGN. A sign memorializing a person, place, event or structure.

   MONUMENT SIGN. A freestanding, ground-mounted sign whose face extends to the ground or a base and is supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles.

   NAMEPLATE SIGN. A sign indicating the name and/or occupation of a person or persons residing on the premises or legally occupying the premises.

   NEW DEVELOPMENT SIGN. An impermanent sign used to attract attention to a new development.

   NON-COMMERCIAL SIGN. A sign that does not contain any information or advertising for any business, commodity, service, entertainment, product, or other attraction, and which includes political signs.

   NONCONFORMING SIGN. Any sign or sign structure or portion thereof which is lawfully erected in compliance with applicable regulations of the village and maintained prior to the effective date of this Zoning Code, and which fails to conform to all applicable standards and restrictions of this Zoning Code.

   OFF-PREMISES DIRECTIONAL SIGN. A sign designed to guide vehicular and/or pedestrian traffic to institutional uses and facilities and limited in content to the name of the institution and symbols or text indicating the distance and/or direction to such institution use.

   OFF-PREMISES (OFF-SITE) SIGN. A sign that directs attention to a business, commodity, service, entertainment or attraction sold or offered at a location other than the premises on which the sign is erected.

   OFFICIAL FLAG OR EMBLEM. A flag or emblem of a government or of a membership organization.

   ON-PREMISES (ON-SITE) SIGN. A sign that directs attention to a business, commodity, service, entertainment or attraction sold or offered on the premises on which the sign is erected.

   OUTDOOR ADVERTISING SIGN. See BILLBOARD.

   PERMANENT SIGN. A sign that is designed, constructed, and intended for more than short-term use.

   POLE SIGN. A freestanding, ground-mounted sign other than a monument sign, erected and maintained on a mast(s) or pole(s) and not attached to any building.

   POLITICAL SIGN. An impermanent sign identifying support for a particular political issue, political party, election issue, or candidate.

   PORTABLE SIGN. A sign not permanently anchored or secured to either a building or the ground, but usually anchored or secured to a trailer, vehicle (where primary purpose is to advertise) or frame capable of being moved from place to place. Includes VEHICULAR SIGNS.

   PREMISES. A contiguous parcel of land with its appurtenances and buildings that function as a unit, also known for the purposes of this Zoning Code as a “zoning lot”.

   PUBLIC SAFETY SIGN. A sign informing the public of any danger or hazard existing on or adjacent to the premises.

   REAL ESTATE SIGN. A sign used solely for the purpose of offering the property on which it is displayed, for sale, rent, or lease. A REAL ESTATE SIGN used for the purpose of advertising the sale of residential property, and which is located on the premises which it is advertising, is known as a, "Residential Real Estate Sign."

   ROOF SIGN. Any sign erected upon, against or directly above a roof or on top of or above the parapet line of a building.

   SANDWICH BOARD SIGN. See, A-FRAME SIGN, or, T-FRAME SIGN.

   SHORT-TERM SIGNS. SHORT-TERM SIGNS include the following: REAL ESTATE SIGNS, NEW DEVELOPMENT SIGNS, and CONSTRUCTION SIGNS. SHORT-TERM SIGNS do not include signs that are permanent in nature, nor signs that are categorized in this chapter as TEMPORARY SIGNS, POLITICAL SIGNS, A-FRAME SIGNS, T-FRAME SIGNS, or, SANDWICH BOARD SIGNS.

   STAKE. Wood, metal, plastic, or other post which is less than three and one-half inches in width or depth, driven into the ground, and used to support any sign.

   STREET MAILBOX SIGN. An informational sign that is affixed to a street mailbox.

   SUBDIVISION ENTRY SIGN. A permanent on-premises sign identifying a vehicular entrance to a residential subdivision.

   T-FRAME SIGN. A movable sign not secured or attached to the ground which is constructed with one side with one or two faces which is attached to a base constructed of a wide base, two wide legs, etc., so as to allow the sign to stand in an upright position.

   TEMPORARY SIGN, EXTERIOR. Any exterior sign that is not intended for permanent display, which is constructed of paper, cloth, canvas, light fabric, cardboard, wallboard or other light materials, which and is erected on stakes, wire, plastic, or cord, including BANNERS, and excluding the following: NEW DEVELOPMENT SIGNS, REAL ESTATE SIGNS, CONSTRUCTION SIGNS, TEMPORARY USE SIGNS, and POLITICAL SIGNS.

   TEMPORARY USE SIGN. A sign which is accessory to any permitted temporary uses found in Chapter 1272 of this Code. TEMPORARY USE SIGNS are subject to the provisions of § 1272.09(f) of this Zoning Code.

   VEHICULAR SIGN (See also, PORTABLE SIGN). A sign on a parked vehicle that is visible from the public right-of-way where the primary purpose of the vehicle is to advertise a product or to direct people to a business or activity located on the same or nearby property. For the purposes of this Code, a vehicular sign shall not include any business logo, identification or advertising on vehicle primarily used for other business purposes.

   VENDING MACHINE SIGN. A sign fastened to or painted on a vending machine that directly relates to the product contained in the machine.

   VISIBLE. Capable of being seen, whether or not legible, without visible aid by a person of normal acuity.

   WALL SIGN. A type of building sign that is painted on or attached to a building wall. See also, FLAT SIGN.

   WARNING SIGN. A sign limited in content to messages conveying warning, caution or danger.

   WINDOW SIGN. A sign attached to the interior or exterior of a transparent glazed surface (window or door).

(Ord. 2012-20, passed 4-17-2012)

   (a)   Sign permit required. Unless expressly exempted pursuant to § 1264.09(e) below, no sign shall be erected, enlarged, expanded, altered, relocated or maintained on private or public property unless a sign permit evidencing the compliance of such sign with the provisions of this chapter shall have first been issued by the Code Enforcement Officer.

   (b)   Applications. Applications for sign permits and accompanying fees shall be made by the owner or lessee of the property for which the sign is proposed. The application and fee shall be submitted on forms furnished by the village and shall be made either separately or in conjunction with the application for the building permit. Applications for sign permits shall include the following plans drawn to-scale:

      (1)   The structural design of the proposed or existing sign;

      (2)   The method of illumination, if any;

      (3)   The exact location of the sign in relation to the zoning lot and any existing or proposed structures; and

      (4)   Details and specifications for construction, erection, and attachment as may be required by the Zoning or Building Code.

   (c)   Electrical permit required. Signs in which electrical wiring and connections are to be used shall be subject to the provisions of the National Electrical Code.

   (d)   State permit. In addition to the sign permit required pursuant to this section, a state permit issued by the State Director of Transportation may also be required for outdoor advertising signs located within 600 feet of roadways that are part of the interstate or primary highway systems.

   (e)   Sign permit fee required. The owner or other person having charge or control of any sign as described and authorized by this chapter shall pay a fee for such sign based upon the Fee Schedule established by the Village Council.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Permanent signs. All permanent signs as defined by § 1264.05, unless otherwise exempt under § 1264.09(e), require a sign permit. Permanent signs allowed within the village include the following:

      (1)   Canopy/awning/covered walkway sign.

      (2)   Ground, pole, or monument sign.

      (3)   Flat or wall sign.

      (4)   Window sign.

      (5)   Billboard (outdoor advertising sign). Billboards are subject to the requirements of § 1264.15 Billboards.

   (b)   Short-term signs. All "short-term" signs as defined by § 1264.05, unless otherwise exempt under § 1264.09(e), require a sign permit. "Short-term" signs allowed within the village include the following:

      (1)   New development sign.

      (2)   Construction sign.

      (3)   Real estate sign.

   (c)   Temporary signs. Temporary signs include banners, A-frame, T-frame, and sandwich board signs, and other temporary signs as defined by § 1264.05. Temporary signs require a permit and are subject to the following additional regulations:

      (1)   Temporary signs.

         A.   All temporary signs excluding banners and A-frame, T-frame, or sandwich board signs, may be displayed for a period not to exceed 30 days for a maximum of four times a year for every calendar year with a minimum of 30 days between installations.

         B.   All temporary signs including banners and A-frame, T-frame, or sandwich board signs must be located on the same zoning lot as the use to which they are accessory.

      (2)   Banners.

         A.   One banner may be displayed for a maximum of two times per year for a period not to exceed 14 days in the commercial, Public Facilities, and Office Research Districts, and for a maximum of six times per year for a period not to exceed 14 days in the Industrial Districts.

         B.   All banners shall be securely fastened.

      (3)   A-frame, T-frame and sandwich board signs.

         A.   May be displayed up to 180 days a year;

         B.   Must be placed indoors at the close of each business day, or no later than 10:00 p.m.; and

         C.   Must be located on the same parcel as the structure or activity to which they are accessory, and within 15 feet of the use or activity on the lot to which they are accessory. The “use” in this case may be any lawfully placed principal, accessory, or temporary structure located on the lot.

   (d)   Signs posted in conjunction with a temporary use. Signs posted in conjunction with a temporary use are considered separate from "temporary signs" as defined by this chapter, and are permitted pursuant to the provisions of § 1272.09(f) Temporary Uses.

   (e)   Signs exempt from permit requirement. The following signs and activities are exempt from the permit requirements of this chapter.

      (1)   Routine maintenance of signs. Routine sign maintenance or changing of lettering or parts of signs designed to be regularly changed, e.g., reader boards.

      (2)   Gas pump signs. Signs permanently affixed to or painted directly onto a gasoline pump.

      (3)   Official flags and emblems. Government flags and emblems displayed on flag poles or in the form of a wall sign.

      (4)   Building security signs. Building security signs shall be limited to no more than one square foot in area, and shall be limited to no more than four signs per each two acres.

      (5)   Building or house numbers signs. Building or house numbers shall be limited to no more than one wall or freestanding sign per occupancy. In no event shall building numbers be more than two square feet in area and house numbers more than one square foot in area. No freestanding sign shall be higher than four feet or closer to any lot line than six feet.

      (6)   Vending machine signs. Signs permanently affixed to or painted onto a vending machine.

      (7)   Interior signs. Any sign in the interior of a building that is not visible to the outside by means of being attached to a window or door with its sign face intended to be visible from the exterior.

      (8)   Directory signs. Any directory sign not greater than three square feet in area.

      (9)   Incidental residential signs. Incidental residential signs may be less than one square foot, and each residential property may have up to a maximum of three such signs.

      (10)   Street mailbox signs. Signs on street mailboxes mounted 42 to 49 inches above the ground and 12 inches from the curb that identify the name and postal address only in letters up to a maximum of three inches in height.

      (11)   Institutional bulletin boards or kiosks. Bulletin boards or kiosks no greater than 18 square feet per sign face, maintained on premises owned by a unit of government, church or place of worship, a not-for-profit organization or recreation center and any paper notices affixed thereto.

      (12)   Building plaque signs. Building plaque signs shall be limited to no more than one

per zoning lot; shall be made of durable materials, such as bronze, stone or concrete; and shall not exceed four square feet in area.

      (13)   Historical markers. Historic markers shall be limited to no more than one flat or freestanding sign per zoning lot; shall be made of durable materials, including, but not limited to, bronze, stone or concrete; and shall not exceed eight square feet in area. No freestanding historical marker sign shall be higher than six feet.

      (14)   Nameplate signs. Such building signs shall be limited to no more than one wall, memorial, or monument sign per occupancy, shall be no more than one square foot in area and shall not be illuminated.

      (15)   Informational signs. Such on-premises signs shall be located at least 15 feet from right-of-way and ten feet from property lines.

      (16)   Residential real estate signs. Such signs shall be limited to one single- or double-faced, non-illuminated sign having no more than six square feet per sign face. This section shall not authorize the placement of real estate "sold by" signs.

      (17)   Directional signs. On-premises directional or informational signs directing and guiding vehicular or pedestrian traffic are permitted subject to the following limitations:

         A.   The information on the sign shall direct the public to the entrance, parking, or other pertinent public feature of the facility and may include identification of the building and uses served by the parking areas and regulations pertaining to the parking areas;

         B.   The sign shall contain no advertising or promotional content;

         C.   The sign surface area of any such directional sign shall not exceed nine square feet per sign face;

         D.   The height of any such sign shall not exceed eight feet;

         E.   If located at the driveway entrance to the site, there shall be no more than one such sign per driveway; and

         F.   Such accessory signs shall not be located in or overhang any public right-of-way.

      (18)   Public safety signs.

      (19)   Non-commercial signs. Non-commercial signs are permitted in all districts and are exempt from sign permit requirements, provided they comply with the following:

         A.   Mounting/locating of non-commercial signs. Non-commercial signs shall be displayed on the ground, on a building façade, or in building windows provided they comply with the setback provisions of § 1264.09(e)(19)(D) below, and provided that no building-mounted signs other than properly placed window-mounted signs, cover any windows of the building façade upon which they are placed.

         B.   Maximum quantity permitted per parcel.

         C.   Maximum sign face area per face. Ground-mounted or window-mounted non-commercial signs may be no more than 8/16 s.f. per sign face in the residential, residential-office, and general commercial districts, and no more than 16/32 square feet in the open space and public lands, general industrial, light industrial, and highway-oriented commercial districts. Non-commercial signs that are mounted on a building façade, other than on windows, have no maximum sign face area.

         D.   Minimum setback. All non-commercial signs shall be setback at least six feet from any right-of-way lines and at least five feet from all other parcel lines, except for building- or window-mounted signs.

         E.   Maximum height. Non-commercial signs may be no more than six feet in height from grade, except for building-mounted signs, which may not extend above the roof parapet line, and window-mounted signs, which may not extend beyond the top of the window frame.

         F.   Maintenance and sign condition. All non-commercial signs shall be kept in good and safe condition.

         G.   Illumination. Non-commercial signs may not be self-illuminated, which includes any flashing, blinking, intermittent or moving lights, nor may they be directly illuminated in any other manner.

         H.   Traffic visibility. Non-commercial signs must comply with the traffic sight triangle provisions of this chapter.

      (20)   Single-family residential construction signs.

      (21)   Temporary signs which are posted on single-family residential property.

      (22)   Government signs.

   (f)   Prohibited signs.

      (1)   Portable signs, except when approved in connection with temporary uses or as a temporary sign.

      (2)   Projecting building signs.

      (3)   Roof signs.

      (4)   Any sign that advertises, identifies, or pertains to a business no longer conducted, or a product no longer sold, on the premises where such sign is located. Such signs shall be removed within 30 days following cessation of the relevant activity.

      (5)   Any sign on a tree, utility pole or public bench, whether on public or private property, except house numbers on private property.

      (6)   Any sign on public property, except governmental signs authorized in this chapter.

      (7)   Any sign using reflective paint or tape, other than a governmental sign or a warning sign.

      (8)   Signs that incorporate in any manner any flashing or moving lights, except electronic message boards.

      (9)   Signs which are painted on or attached to any trees, telephone poles, public benches or street lights.

      (10)   Search lights.

      (11)   Any unauthorized warning signs which make use of words such as "Stop," "Look," "Danger," or any other words, phrases, symbols or characters which might interfere with, mislead or confuse traffic.

      (12)   Any signs or other advertising structures containing any obscene matter.

      (13)   Marquee signs.

(Ord. 2012-20, passed 4-17-2012)

   All signs located within the village are subject to the following regulations and limitations, where applicable and unless otherwise specified:

   (a)   Sign quality and durability.

      (1)   Structural elements. The construction and structural components of all signs shall be in accordance with the standards and regulations of the Village Building Code.

      (2)   Aesthetic and visual elements. All signs, including materials, paint, lettering, graphics, etc., shall be of a durable, professional quality.

   (b)   Height.

      (1)   Height of ground, monument, and pole signs.

         A.   Sign without mounding. The height of a freestanding sign shall be calculated by measuring the vertical distance between the top part of such sign or its structure, whichever is highest, to the elevation of the ground directly beneath the center of the sign. The elevation of the ground directly beneath the center of the sign shall be construed to be the lower of the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign.

         B.   Sign with mounding. In cases in which the newly established grade within the required front yard consists of man-made berms, hills, or other similar ground formations with sides steeper than one foot rise to four feet horizontal, the enforcing officer shall utilize the elevation of the street curb nearest to the location of the sign for determining sign height. If no street curb exists, the elevation of the edge of the pavement nearest the sign location shall be used. See Figure 1266.06-A.

         C.   Structural support included in sign height. Any material whose major function is to provide structural support for a sign shall be considered part of the sign for purposes of determining sign height.

   FIGURE 1264.11-A

      (2)   Minimum height of structure-mounted signs. The bottom of every awning, canopy, walkway sign, flat sign and wall sign shall be elevated at least eight feet above grade. Where multiple flat or wall signs are permitted on the same façade, they shall maintain the same top and bottom elevations above grade as one another.

   (c)   Measurement of sign face area.

      (1)   Determination of sign face area. The area of a sign shall be determined by computing the entire area within a single polygon that completely enclosed the sign face (i.e., the extreme limits of lettering, representations, emblems or other figures, together with all surrounding material, color, lighting, trim or ornamentation forming an integral part of the display or used to differentiate the sign from the background from which it is placed) and in which polygon no interior angle is greater than 180 degrees. See Figure 1264.11-B.

   FIGURE 1264.11-B

      (2)   Area of Sign With More Than One Exterior Face. The area of a sign designed with more than one exterior face shall be computed as including 100 percent of all sign face areas as defined above that are visible from any ground position. A V-shaped sign whose interior angle is 90 degrees or less shall be counted as two sign faces.

      (3)   Exceptions. Where a sign is attached to a wall or fence, the area of the entire wall or fence shall not be computed in determining the maximum sign area.

   (d)   Setback. Except as otherwise provided, no sign shall be closer than ten feet to a right-of-way or six feet from a side lot line.

   (e)   Illumination.

      (1)   Location and design of light source. Whenever an external artificial light source is used for a sign, such source shall be located, shielded, and directed so as not to be directly visible from any public street or private residence. No receptacle or device housing a permitted light source for a sign shall protrude more than 18 inches from the face of the sign or building to which it is attached.

      (2)   Level of illumination. In no event shall the illumination of any sign, resulting from any internal or external artificial light source, exceed 50 foot candles when measured with a standard light meter held perpendicular to the sign face at a distance equal to the narrowest dimension of such sign face. All artificial illumination shall be so designed, located, shielded, and directed as to illuminate only the sign face or faces and to prevent the casting of glare or direct light upon adjacent property or streets.

      (3)   Signs adjacent to residential districts. Any illuminated sign located on a lot abutting or across a street from, and visible from, any residential district shall not be illuminated from the hours of 10:00 p.m. to 7:00 a.m. except that such sign may remain illuminated during such time as the activity to which the sign pertains is open for business so long as such sign is not a public or private nuisance.

      (4)   Flashing lights prohibited. Except for public service signs when expressly permitted by this section, no flashing, blinking, or intermittent lights shall be permitted.

   (f)   Electronic changeable copy. Electronic copy signs are permitted provided that movement is limited to scrolling, or flashing copy with a minimum six-second delay. Animation and graphics are prohibited.

   (g)   Landscaping. The base of all ground-mounted signs shall be landscaped pursuant to the requirements of Chapter 1266 Landscaping.

   (h)   General safety. Notwithstanding any other provision of this section, no sign shall be constructed or maintained in any area or in any manner so as to create a nuisance or a threat to the public safety or welfare.

   (i)   Traffic safety.

      (1)   Confusion with traffic signals. No sign shall be maintained at any location where by reason of its position, size, shape, content , color, or illumination it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal, or device or where it may interfere with, mislead, or confuse traffic.

      (2)   Obstruction of sight triangles prohibited. A ground, pole or monument sign may not be closer to a lot line or right-of-way than the greater of one-half the sign height or 15 feet when within a sight triangle. See Figure 1264.11-C.

   FIGURE 1264.11-C

   (j)   Obstructions to access ways. No sign or sign structure shall obstruct free ingress to or egress from a fire escape, door, window, or other required access way.

   (k)   Signs in right-of-way. No sign, except governmental signs, shall be placed in or extend into or over any public property or public right-of-way.

   (l)   Sign spacing. No sign shall be nearer than two feet to any other sign or structure, other than a structure to which it is lawfully attached.

   (m)   Signs on lots with multiple uses. When more than one user occupies a zoning lot, the owner of the lot shall be responsible for allocating permitted signage among such users.

   (n)   Sign maintenance and abandonment. All signs and sign structures shall be maintained in a safe and attractive condition. Signs and structures which have been abandoned or are not maintained in accordance with this Zoning Code and other applicable regulations of the village shall be removed within 60 days by the latest permit holder or owner or by the village at the expense of such permit holder or owner.

   (o)   Nonconforming signs.

      (1)   A sign conforming to the regulations prevailing prior to the effective date of this Zoning Code or otherwise lawfully erected, but which does not conform to the regulations of this Zoning Code or a subsequent amendment, shall be construed to be a legal nonconforming sign.

      (2)   Nonconforming signs may be maintained and structural parts may be replaced or restored to a safe condition, if required. However, any sign or part thereof which has been removed, destroyed, otherwise taken down for any purpose consistent with the provisions of Chapter 1278 Nonconforming Uses and Structures, shall not be rebuilt, re-erected or relocated unless it is made to comply with this Zoning Code and the Building Code.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Residential districts.

      (1)   Purpose. Signage in the Residential Districts should be used for purposes typically accessory to residential uses and which do not impact neighboring residences. The sign regulations for these districts are intended to limit the type, number, size and duration of signage permitted in order to prevent the creation of nuisances and impacts on the use and enjoyment of surrounding residential property.

      (2)   Applicability. These regulations shall apply to all zoning lots within the R-1, Large Lot Residential, R-2, Medium Lot Residential, and R-3, Medium Lot Residential Districts.

      (3)   Sign type, size and height standards for the Residential Districts.

   SCHEDULE 1264.13-A

 

 

      (4)   Supplemental regulations.

         A.   Multi-Family Residential shall be entitled to one wall or ground sign consistent with the provisions of 1264.13(a)(3) above.

   (b)   Residential-Office District.

      (1)   Purpose. The sign regulations for the Residential Office District are intended to limit the type, number, size and duration of signage permitted in order to prevent the creation of nuisances and impacts on the use and enjoyment of surrounding residential property, while allowing signage to function principally to identify occupants of establishments within the District. Freestanding signs should accent the landscape and building signs should accent the buildings in such a manner so as to not detract from the low-impact, residential-office character of the neighborhood.

      (2)   Applicability. These regulations shall apply to all zoning lots within the RO Residential-Office District.

      (3)   Sign type, size and height standards for the Residential Office District.

   SCHEDULE 1264.13-B

 

 

   (c)   Commercial Districts.

      (1)   Purpose. Signage in the Commercial Districts should be appropriate for lot by lot commercial development both on parcels that are served by vehicular traffic as well as those served primary by pedestrian traffic. The sign regulations for these districts are intended to:

         A.   Promote traffic safety by enhancing visual clarity for passing motorists;

         B.   Enhance the aesthetics of business areas within the Commercial Districts;

         C.   Factor in scale of structures and frontage of zoning lots to the size and quantity of signage;

         D.   Coordinate signage and landscape requirements of the Commercial Districts; and

         E.   Relate the physical dimensions of signs to the scale of buildings and lots within the district in such a manner so as to consider passing vehicular and pedestrian traffic.

      (2)   Applicability. These regulations shall apply to all zoning lots within the GC General Commercial and HOC Highway-oriented Commercial Districts.

      (3)   Sign type, size and height standards for the Commercial Districts.

   SCHEDULE 1264.13-C

 

 

      (4)   Supplemental regulations.

         A.   Canopy, awning, or covered walkway signs may be attached to the underside of a canopy, awning, or other roof structural member over a walkway. However, the vertical dimension of such signs shall not exceed 12 inches and the lowest member shall be not less than ten feet above the sidewalk grade.

   (d)   Industrial Districts.

      (1)   Purpose. Sign regulations for the GI and ITC Industrial Districts are intended to provide for appropriate identification of industrial and manufacturing uses, as well as for those smaller-scale commercial uses located within the district that are intended to serve the industrial uses.

      (2)   Applicability. These regulations shall apply to all zoning lots within the LI Light Industrial and GU General Industrial Districts.

      (3)   Sign type, size and height standards for the Industrial Districts.

 

 

      (4)   Supplemental regulations. All permanent signs must be at least 100 feet from any Residential District.

   (e)   Open Space and Public Lands District.

      (1)   Purpose. Signage in the Open Space and Public Lands District should be appropriate for recreational and institutional uses. The sign regulations for this district are intended to permit signage that is appropriate for recreational and institutional uses, with minimum impacts on any nearby residential uses.

      (2)   Applicability. These regulations shall apply to all zoning lots within the OS, Open Space and Public Lands District.

      (3)   Sign type, size and height standards for the Open Space and Public Lands District.

   SCHEDULE 1264.13-E

 

 

   (f)   Planned Development Districts.

      (1)   Permanent, short-term, and other signage is permitted that is consistent with the sign regulations for the District which the Planning Commission determines to be most compatible with the proposed PD.

      (2)   Temporary signage within Planned Developments is always subject to the provisions of this chapter.

      (3)   Permanent signage within a Planned Development may be varied from the provisions of this chapter in instances where the PD applicant submits a uniform sign plan along with the PD application that is approved concurrent with the PD application by Council per Chapter 1260, Planned Development Districts.

(Ord. 2012-20, passed 4-17-2012)

   (a)   General requirements. Every billboard shall:

      (1)   Be securely affixed to a substantial structure.

      (2)   Be maintained, clean and in good repair, and the painted portions of such signs shall be periodically repainted and kept in good condition.

      (3)   Be constructed in accordance with all applicable Building Code regulations.

      (4)   Not be maintained or affixed to any building that has been declared by the Code Enforcement Officer as dangerous and unsafe and a public nuisance or that has been ordered vacated and barricaded and that has been found open to trespassers by reason of the failure of the owner to maintain the building securely barricaded. The holder of the billboard permit for such sign shall be given 30 days notice of the order of the Code Enforcement Officer prior to any action to enforce this provision.

   (b)   Construction of signs. No person shall construct a billboard:

      (1)   As a roof sign.

      (2)   Within 200 feet in any direction of any school or hospital.

      (3)   Within 100 feet in any direction of a residential district boundary line.

      (4)   In any park, parkway, or playground under the jurisdiction of the village, the establishment of which has been authorized by Council, or within 200 feet in any direction of the boundary of any such park, parkway or playground.

      (5)   As a double-faced, side-by-side, stacked, or decked sign, with a combined sign face area of more than 150 square feet.

      (6)   With a face area greater than 672 square feet inclusive of any border and trim, but excluding the base or apron, cutouts, supports and other structural members.

      (7)   Closer to the street than the principal structure setback line for the district in which it is located, and no portion of any billboard may be placed on, or extend over the right- of-way line of any street or highway.

      (8)   On any publicly-owned real property without permission.

      (9)   As a ground sign more than 40 feet above the grade of the lot or location being occupied by such sign, or the average natural grade at the sign location, if higher. Provided, however, in the instance of a street or highway which is higher than the grade of the lot or location to be occupied by the sign, the height shall be measured from the center line of the pavement at such location, but in no event shall the maximum height exceed 40 feet.

      (10)   In violation of Ohio R.C. § 5516.02 regulating signs within 660 feet of interstate and state primary highways.

   (c) Spacing of billboards.

      (1)   On the interstate and primary systems, spacing shall be in accordance with the agreement entered into by the State of Ohio and the United States Secretary of Transportation, and shall be pursuant to state regulation.

      (2)   On all other streets and highways within the Village of Lockland, no billboard may be constructed within 500 feet of any other billboard, located on the same side of the street right-of-way and facing the same traffic flow.

      (3)   The minimum distance between structures for purposes of complying with this section shall be measured along the nearest edge of the pavement between points directly opposite the center of the signs along the same side of the street or highway on which the sign is to be located.

   (d)   Lighting requirements for billboards. Lighting shall not be used in any way in connection with any billboard unless it is so effectively shielded as to prevent beams or rays of light from being directly cast on any portion of the street or highway, or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle or to otherwise interfere with any driver's operation of a motor vehicle. Illuminated off-premise signs shall not produce more than one foot candle of illumination four feet from the sign, when measured from the base of the sign.

   (e)   Billboard construction permit.

      (1)   A person may not construct a billboard without first obtaining a billboard construction permit from the Code Enforcement Officer. Application for a billboard construction permit must be made on a form provided by the village. The billboard construction permit is required in addition to a building permit and any other permit or license required by law or ordinance. The fee for a billboard construction permit is $70.00 for each billboard face. A billboard construction permit may not be issued unless approved by the Code Enforcement Officer as conforming to this chapter and all other applicable codes.

      (2)   The Code Enforcement Officer has the duty to inspect the construction of billboards. On determining that the construction has been completed in accordance with all applicable codes, the Code Enforcement Officer has the duty to assign a billboard permit number to each billboard face. The owner of the billboard must permanently display the permit number and the owner's name on the sign or accompanying structure so that the name and number are clearly visible from the public right-of-way.

      (3)   If the person displaying the sign is not the owner of record of the real property on which the sign is displayed, the person shall keep on file and make available for inspection on demand by the Code Enforcement Officer, the name and address of the property owner or tenant in possession and documentation executed by the property owner or tenant in possession establishing the right of the applicant to display the sign.

      (4)   If a holder of a billboard permit transfers ownership of a billboard, the person to whom ownership has been transferred must notify the village in writing of the transfer within 90 days of the transfer and provide the Code Enforcement Officer with the name, address and telephone number of the person responsible for maintaining the sign in compliance with this chapter.

   (f)   Reconstruction of nonconforming signs prohibited. The structural support of billboards deemed nonconforming uses under the zoning code may not be reconstructed, rebuilt, or replaced nor the face area of such signs increased. Any nonconforming sign damaged or destroyed to the extent of 60 percent or more of its estimated replacement cost at the time of its damage or destruction may not be repaired, rebuilt, or reconstructed except in conformity with this chapter.

   (g)   Annual billboard sign permit renewal.

      (1)   By December 31 of every other year beginning in 2011, every person displaying a billboard must apply to the Code Enforcement Officer for renewal of every billboard permit for each billboard being displayed. Renewal may be based on an owner's certification of compliance filed with the Code Enforcement Officer in accordance with division (g)(2) below of this section or inspection by the Code Enforcement Officer in accordance with division (g)(3) of this section.

      (2)   A person displaying a billboard may file with the Code Enforcement Officer a verified certification that each sign displayed by the person is being displayed and maintained in accordance with the provisions of this chapter. The certification must be made on a form prescribed by the Code Enforcement Officer and filed with the Code Enforcement Officer by December 31. The certification must be based on inspection of each sign by the applicant made within 30 days of the certification. The person displaying a billboard must keep on file and make available for inspection on demand by the Code Enforcement Officer a written record of each inspection made. The fee for renewal of a billboard permit based on an owner's certification of compliance is $20.00 for each sign face.

      (3)   A person displaying a billboard may apply to the Code Enforcement Officer for inspection of the sign. Application must be made on a form prescribed by the Code Enforcement Officer and timely filed. The Code Enforcement Officer has the duty to inspect each sign and determine if it is being displayed and maintained in accordance with the provisions of this chapter. The fee for renewal of a billboard permit based on inspection by the Code Enforcement Officer is $40.00 for each sign face.

      (4)   In the event a person displaying a billboard fails to apply for renewal and either file a certification pursuant to division (2) above or apply to the Code Enforcement Officer for inspection pursuant to division (3) in a timely manner, the Code Enforcement Officer has the duty to inspect each sign and determine if it is being displayed and maintained in accordance with the provisions of this chapter. The fee for renewal of a billboard permit based on inspection by the Code Enforcement Officer made pursuant to this paragraph is $50.00 for each sign face. If the person displaying a billboard fails to pay the inspection fee and correct any violations within the time provided by the Code Enforcement Officer that person is subject to penalty as provided in § 1246.27.

      (5)   If the Code Enforcement Officer finds that a person has falsely certified that signs displayed by the person are being displayed and maintained in accordance with the provisions of this chapter, the Code Enforcement Officer has the duty to reject the certification, require the applicant to file for renewal pursuant to division (2) of this section and disqualify that person from renewing permits based on filing an owner's certification of compliance. A person so disqualified will remain disqualified for five years unless reinstated pursuant to division (6) of this section.

      (6)   A person disqualified pursuant to division (5) of this section may request a hearing before the Board of Zoning Appeals to present evidence that the certification was correct or that the false statements were inadvertent or the result of careless error. If the Code Enforcement Officer finds that the certification was correct or that the false statements were inadvertent or the result of careless error, the Code Enforcement Officer has the duty to issue permits based on the owner's certification as it may be amended to correct any misstatement and to remove the disqualification; provided, however, on a second finding within a five-year period that an owner has filed a false certification, whether through inadvertence, careless error or otherwise, the Code Enforcement Officer has the duty to reject the certification, require the applicant to file for renewal pursuant to division (1) of this section and disqualify that person from renewing permits based on filing an owner's certification of compliance for five years.

(Ord. 2012-20, passed 4-17-2012)

   Any appeals or variances from the provisions of this Chapter may be filed pursuant to Chapter 1280.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Violations and penalties.

      (1)   Written notice for all sign violations. The Code Enforcement Officer will issue a written notice of violation by registered mail to the person or entity having charge or control or benefit of any sign found by the Code Enforcement Officer to be unsafe or dangerous, or in violation of these sign regulations or of any other village ordinance, or where the village is contemplating removal of the sign.

      (2)   Time limit and options. After receipt of a written notice of violation, the person or entity having charge, control or benefit of the noncompliant sign must take the following actions:

         A.   Abatement of the violation within 30 days; or

         B.   An application for appeal to the Board of Zoning Appeals may be filed no later than 14 days after receipt of the written notice of violation being appealed, and in accordance with the requirements of this Zoning Code, Chapter 1280.

      (3)   Citation. If the violation has not been abated nor an appeal filed within 30 days of the issuance of the written notice, a citation will be issued.

      (4)   Continuing violations. Each day following the issuance of a citation that the violation continues shall be deemed a separate offense. The penalty amount designated by the Village Council for the applicable citation (first citation, second citation, and so forth) shall apply to each separate day that the violation continues.

      (5)   Penalties. The Village Council shall determine the penalties for sign violations.

   (b)   Non-maintained or abandoned signs. The Code Enforcement Officer shall require each non-maintained or abandoned sign to be removed from the structure or premises when such sign has not been repaired or put into use by the owner, person having control or person receiving benefit of such structure within 30 calendar days after notice of non-maintenance or abandonment is given to the owner, person having control or person receiving the benefit of such structure.

   (c)   Unsafe or dangerous signs. If an unsafe or dangerous sign is not repaired or made safe within five working days after the Code Enforcement Officer gives notice pursuant to § 1246.27, and shall at once abate and remove the sign, and the person having charge, control or benefit of any such sign shall pay to the village the costs incurred in such removal within 30 calendar days after written notice is mailed to such person.

   (d)   Illegal signs. If an illegal sign is not made conforming within 30 working days after the Code Enforcement Officer gives notice pursuant to § 1246.27, the Code Enforcement Officer shall at once abate and remove the sign, and the owner, person having charge, control or benefit of any such sign shall pay to the village the costs incurred, including, but not limited to, village employee time, sign storage fees, etc., in such removal within 30 calendar days after written notice is mailed to such person.

   (e)   Confiscation of signs. The Code Enforcement Officer shall immediately confiscate any sign located on public property or in the public right-of-way in violation of these Sign Regulations or any other village ordinances. Confiscated signs shall be stored at a location determined by the Building Official for a period of 30 days, during which time the owner or person having charge, control or benefit of the confiscated sign may redeem the sign after payment of enforcement cost to the village as set forth in the schedule of fees established by the Village Council. Payment of costs to the village shall be held harmless for and damages incurred to signs as a result of their confiscation. In addition to enforcement costs, sign owners and persons having charge, control or benefit of any sign erected in violation of this chapter shall be liable for any damages caused to public property, public facilities or public utilities by reason of the placement, attachment and/or removal of such unlawful signs. Signs not redeemed within 30 days shall be destroyed.

(Ord. 2012-20, passed 4-17-2012)