(A)   The purpose of these sign regulations is to encourage the proper development and use of planned graphic signage systems and to regulate signs and signage systems.

   (B)   To protect the general health, safety and welfare; and to protect and encourage a more attractive economic, business and overall physical appearance of the community, all signs and signage systems are subject to the regulations that follow in this subchapter.

(Ord. passed - -)

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

   BILLBOARD. A sign used to advertise a business, commodity or service conducted elsewhere than on the premises on which the billboard is located.

   PORTABLE SIGN. Any sign not permanently attached to the ground or a building.

   SIGN. Every sign, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning and canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person when the same is placed out of doors in view of the general public.

   TEMPORARY SIGN. A sign which is not permanently affixed and includes all devices such as banners, pennants, search lights, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air or gas filled figures.

(Ord. passed - -)

   (A)   Animated signs. No flashing, moving or animated signs shall be erected, constructed in the municipality.

   (B)   Billboards. No billboards shall be erected or constructed in the municipality.

(Ord. passed - -) Penalty, see § 154.999

   (A)   General.

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

      (2)   No sign shall contain or make use of any phrase, symbol, shape, or form or character in such a manner as to interfere with, mislead or confuse moving traffic.

      (3)   All fittings, wiring and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the local electrical code in effect.

      (4)   The intensity and direction of the illumination of all signs shall be so controlled as not to become a traffic hazard or a nuisance to surrounding property owners.

      (5)   No sign may be erected on any pole, or column, on public property or located a distance, the horizontal projection of which is less than ten feet from any fire hydrant, traffic light or erected in any location where by reason of traffic conditions, fire or other hazard, it would imperil public safety or interfere with the duties of the Police or Fire Departments.

   (B)   Setback. The minimum setback of signs from the street right-of-way line shall be not less than ten feet, or in line with the front building line of the main structure existing on the premises.

   (C)   Setback exemption for Main Street between Clemons Street and Gilbert Street.

      (1)   On Main Street between Clemons Street and Gilbert Street, signs may be placed at the road right-of-way.

      (2)   If the sign is less than five feet from the road right-of-way, the sign may not exceed eight square feet in area; if the sign is five feet or more from the road right-of-way, the sign may not exceed 16 square feet.

   (D)   Signs permitted. The following signs shall be permitted in the municipality.

      (1)   Each permitted or required parking area that has a capacity for more than five cars shall be permitted one sign per five parking spaces, not more than two square feet in area, designating each entrance or exit from such parking area; and one sign, not more than nine square feet in area, identifying or designating the conditions or use of such parking area.

      (2)   One "for sale" or "for rent" sign not more than six square feet in area for each dwelling, building, garage or other quarters where appropriate.

      (3)   Signs established by or by order of any governmental agency.

      (4)   One sign not more than 12 square feet, in area, for construction and development, giving the name of the contractors, engineers or architects, shall be permitted but only during the time that construction or development activity is underway.

      (5)   (a)   For an event of public interest such as a county fair, or church event, one sign, not over 24 square feet in area and located on the site of the event shall per permitted.

         (b)   Such sign shall be erected not more than 30 days before the event in question and shall be removed immediately after the event.

         (c)   Also, directional signs, not more than three square feet in area, shall be permitted, provided such sign shall not be erected more than seven days before the event, and shall be removed immediately after the event.

      (6)   Signs or bulletin boards customarily incidental to places of worship, libraries and museums; such sign shall not exceed 24 square feet in area and shall be located on the premises of such institution.

      (7)   (a)   Multiple signs which pertain to the primary use of the property upon which the sign is located are permitted on that property.

         (b)   Signs which pertain to the property shall not exceed 36 square feet (per sign), shall not exceed an aggregate 25% of the total area of the building face, and shall have a height no higher than the height of the building on which it is located.

   (E)   Measurement of area. The area of a sign shall be determined by the smallest circle, triangle or rectangle that can be used to enclose the sign, exclusive of supporting members that bear no message or symbol.

   (F)   Portable signs and/or temporary signs. Portable signs and/or temporary signs shall be permitted, under the following conditions.

      (1)   The portable sign or temporary sign must be removed when the business closes for the season.

      (2)   The portable sign or temporary sign shall not contain more than 16 square feet of area, must be placed ten feet or more from road right-of-way, and shall not create a safety hazard for vehicular or pedestrian traffic.

      (3)   No flashing or intermittent lighting shall be used in the portable or temporary sign.

      (4)   (a)   Portable signs or temporary signs shall be allowed within the five foot setback from the road right-of-way within the exempted area of the municipality.

         (b)   Portable or temporary signs within the five foot setback within the exempted area of the municipality shall not exceed eight square feet in area.

      (5)   All signs permitted under this section shall comply with division (A) above of these regulations.

(Ord. passed - -) Penalty, see § 154.999

   (A)   Permit required.

      (1)   No person shall erect, repair, alter, and relocate within the municipality any sign or other advertising structure without first obtaining a signed permit from the Zoning Administrator and making payment of the fee required for such permit.

      (2)   Except that repairs or maintenance not involving structural changes may be permitted without first obtaining a permit.

   (B)   Application for permit.

      (1)   Application for sign permits shall be made upon forms provided by the Zoning Administrator.

      (2)   The application shall contain the following:

         (a)   The name, address and telephone number of the applicant;

         (b)   The location of the building, structure or lot to which the sign or other advertising structure is to be attached, erected or placed;

         (c)   The position of the sign or other advertising structure in relation to nearby buildings, structures, right-of-way (public and private) and utility lines;

         (d)   Two sets of scaled drawing of the plans and specifications, the method of installation in the ground or the placement of the sign on the premises;

         (e)   The name and address of the person erecting the structure or placing the sign on the premises;

         (f)   Written consent from the owner of the land or structure, building to which the sign is to be erected; and

         (g)   Such other information as the Zoning Administrator shall require showing full compliance with these regulations of the village.

      (3)   If the work authorized under a sign permit has not be completed within six months after the date of issuance, the permit shall become null and void.

   (C)   Permit fees.

      (1)   Every applicant before being granted a sign permit shall pay a fee to the municipality for each sign or other advertising structure regulated by this subchapter.

      (2)   Such fees shall be listed in the Fee Schedule as amended from time to time by Council.

   (D)   Revocability and permits.

      (1)   All rights and privileges acquired under the provisions of this subchapter or under any amendments here of are mere licenses revocable at any time by the Zoning Administrator and all permits shall contain this provision.

      (2)   The Zoning Administrator is here by authorized to revoke any permit issued by it upon failure of the holder there of to comply with the provisions of this subchapter.

      (3)   Permit fees are not refundable if permit is revoked for failure to comply with this subchapter.

   (E)   Permit exemptions.

      (1)   The permit provisions of this section shall not apply to the following signs.

      (2)   Such signs, however, are still subject to the regulations provided for in this subchapter:

         (a)   Non-illuminating real estate signs not exceeding six square feet in area which advertise the sale, rental or lease of the premises upon which such signs are located;

         (b)   Non-illuminated signs not exceeding 20 square feet in area which advertise the sale or development of lot subdivisions containing an area of not less than seven lots, erected upon the property so developed and advertised for sale;

         (c)   Name plates not exceeding two square feet in area, containing only the name of the resident, and the title of the person practicing a profession, the name of the building and the name of the agent;

         (d)   Bulletin boards not exceeding 15 square feet in area erected upon the premises of a church, funeral home or public institution of the purpose of displaying the name of the institution and its activities;

         (e)   Sign denoting the architect, engineer or contractor when placed upon work under construction, not exceeding 12 square feet in area;

         (f)   Memorial signs or tablets, names of buildings and dates of erection, provided that such signs do not exceed two square feet in area;

         (g)   Traffic or other municipal signs, legal notices, railroad crossing signs, danger and such temporary, emergency or non-advertising signs as may be approved by Council;

         (h)   Any sign painted or lettered directly on a window or other necessary part of a building when the sign is inside of the building; and

         (i)   1.   Temporary banners used to advertise a sale, or other such unique events not intended to last more than a short period of time.

            2.   A temporary banner may be displayed after notification form has been filed with the Zoning Administrator.

(Ord. passed - -) Penalty, see § 154.999

   (A)   The continuance of an existing sign which does not meet the regulations and requirements of this subchapter shall be deemed a nonconforming sign.

   (B)   The right to have a nonconforming sign shall terminate when the sign is considered abandoned.

   (C)   A sign shall be considered abandoned when:

      (1)   The sign is associated with an abandoned use;

      (2)   (a)   The sign remains after the termination of a business.

         (b)   A business has ceased operations if it is closed to the public for at least 90 consecutive days.

         (c)   Seasonal businesses are exempt from this determination;

      (3)   The sign is not maintained or does not conform to the following.

         (a)   1.   All signs, together with all supports, braces, guys and anchors shall be kept in repair and in proper state or preservation.

            2.   The display surfaces of all signs shall be subject to periodic inspection and shall be maintained in a clean, clear and readable condition.

         (b)   Every sign and the immediately surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary and inoffensive condition free and clear of all obnoxious substances, rubbish and weeds; or

      (4)   (a)   Abandonment shall be determined based upon the above definitions.

         (b)   Upon a finding that the signage is abandoned, the first to maintain and use such sign shall terminate immediately.

   (D)   (1)   A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this subchapter.

      (2)   Should any replacement or relocation take place without being brought into compliance, the sign shall exist illegally.

   (E)   A nonconforming sign shall be maintained or repaired in accordance with the following provisions:

      (1)   (a)   The size and structural shape shall not be changed or altered.

         (b)   The copy may be changed provided that the change applies to the original nonconforming use associated with the sign and the change is made by the owner of the sign at the time the sign became nonconforming; the copy area shall not be enlarged.

         (c)   Any subsequent owner or user shall bring the sign into compliance within 30 days; and

      (2)   (a)   In case damage occurs to the sign to the extent of 50% or more of either the structure or the replacement value of the sign, the sign shall be brought into compliance.

         (b)   Where damage to the sign is less than 50% of the structure or its replacement value, the sign shall be repaired within 60 days.

(Ord. passed - -) Penalty, see § 154.999

   (A)   If the Zoning Administrator finds that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of any of the provisions of this subchapter, notice shall be given in writing by the Zoning Administrator to the owner thereof.

   (B)   If the owner fails to remove or alter the structure so as to comply with the standards herein set forth within ten days after such notice, such sign or other advertising structure may be removed by the Street Commissioner at the expense of the permittee, owner of the sign or owner of the property upon which it is located.

   (C)   The Zoning Administrator shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed.

   (D)   The Zoning Administrator may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.

(Ord. passed - -) Penalty, see § 154.999

   (A)   (1)   An applicant for a sign permit that cannot comply with the regulations of this subchapter may file an application for a variance or appeal with the Zoning Administrator who shall transmit the same to the Board of Zoning Appeals.

      (2)   The fee for filing this request for variance or appeal shall be listed on the Fee Schedule as amended from time to time by Council.

   (B)   (1)   The Board of Zoning Appeals shall hear and consider the request for a variance from the regulations of this subchapter or an appeal from the denial of a permit by the Zoning Administrator at its next regular meeting held 15 or more days after the filing of the request for a variance or appeal.

      (2)   At the hearing, any party may appear in person or by attorney.

   (C)   In reviewing the application for a variance, the Board of Zoning Appeals may consider the narrowness, shallowness, shape, location, structures in the neighborhood, traffic patterns, topographic conditions and any other information and conditions deemed relevant, that the strict application of this subchapter would result in peculiar and exception difficulties or undue hardship upon the owner of the premises upon which a sign is to be located.

   (D)   A variance may be granted if it is found that the variance can be granted without substantial detriment to the public good and without substantially impairing the intent of this subchapter.

(Ord. passed - -) Penalty, see § 154.999