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Midlothian City Zoning Code

CHAPTER 14

SIGNS

11-14-1: PURPOSE:

The purpose of this chapter is to establish a framework for a comprehensive system of sign controls governing the display, design, construction, installation and maintenance of signs that will:
   (A)   Balance the right of individuals to identify their businesses and convey their messages, and the right of the public to be protected against the unrestricted proliferation of signs.
   (B)   Protect the public health, safety, comfort, convenience and general welfare.
   (C)   Reduce traffic hazards.
   (D)   Enhance the attractiveness of the village.
   (E)   Protect property values.
   (F)   Promote economic development.
   (G)   Further the objectives of the comprehensive plan.
   (H)   Preserve the right of free speech exercised through the use of signs containing noncommercial messages. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-2: PROHIBITED SIGNS:

It shall be unlawful to erect or maintain the following signs:
   (A)   Signs Which Constitute A Traffic Hazard: No sign or other advertising structure as regulated in this chapter shall:
      1.   Obstruct free and clear vision at any street, intersection, parking lot entrance or exit, or driveway.
      2.   Interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device because of its position, shape or color.
      3.   Make use of the words "STOP", "LOOK", "DETOUR", "DANGER" or any other word, phrase, symbol or character in a manner that misleads, interferes with or confuses traffic.
   (B)   Signs In Violation Of Permit Requirements: No sign or other advertising structure shall be erected or maintained in violation of the permit requirements of section 11-2-13, "Sign Permits", of this title. (Ord. 1650, 10-10-2007, eff. 10-15-2007)
   (C)   Billboards: Billboards that are erected after the effective date hereof are in violation of the provisions of section 11-2-13, "Sign Permits", of this title, unless such billboards are constructed and located within an O/I office/limited industrial zoning district and within two hundred fifty feet (250') from the right of way of an interstate highway or interstate tollway. Any billboard lawfully existing prior to the effective date hereof, but which could not be erected in accordance with the provisions of this chapter, shall be subject to the provisions set forth in section 11-2-13, "Sign Permits", of this title. (Ord. 1709, 11-10-2009)
   (D)   Pasted Signs: Any signs pasted on the exterior surface of a building or structure are prohibited.
   (E)   Moving Parts: No sign or other advertising structure shall have visible, moving, revolving or rotating parts or visible mechanical movement of any kind, except for the movable hands of street clocks.
   (F)   Roof Signs: Roof signs, which have not been erected prior to the effective date hereof, are prohibited. Subsequent to the effective date hereof, no erection permits will be issued by the superintendent of buildings for roof signs. When nonconforming roof signs are removed, the bracket and supporting structure shall also be removed.
   (G)   Illegally Affixed Signs: Any sign which is painted, pasted or otherwise affixed to any tree, rock, utility pole, hydrant, bridge, sidewalk, curb or street, bench or trash receptacle is prohibited.
   (H)   Searchlights: Searchlights without a permit and special approval by the superintendent of buildings are prohibited.
   (I)   Beacons And Strobes: Beacons or strobe lights are prohibited.
   (J)   Signs On Public Property: Signs on public property without prior approval of the village board are prohibited.
   (K)   Signs Attached To Trailers: No sign or other advertising structure shall be painted or attached to a vehicle or trailer being used primarily for the display of such sign. This shall not prohibit the identification of a business, or its products or services, on its vehicle(s) operated and/or parked in a manner appropriate to the normal course of business.
   (L)   Signs Of An Offensive Nature: No sign or advertising device shall display or depict in any manner (graphically, in words, photographically, and/or visually), the following as those terms are defined in chapter 10 of this title: "specified criminal acts", "specified sexual activities", "seminude", "nudity", or "state of nudity" and/or "specified anatomical areas".
   (M)   A-Frame Signs: A-frame signs, which are used to identify a business, are prohibited. A-frame signs may be used as temporary signs, which are exempt from permit under this chapter.
   (N)   Signs In Residential Districts: Any advertising sign or displays within a residential district classified as single- family residential, R-1 or R-2, as defined in this title.
   (O)   Window Signs: Window signs that exceed fifty percent (50%) of the window surface area of each windowpane are prohibited.
   (P)   Banners: Banners used to identify a business are prohibited. Banners that do not identify the business may be used as temporary signs, which are exempt from the sign permit requirements of section 11-2-13, "Sign Permits", of this title, provided such banners do not extend over public property. "Grand opening" banners with the business name are permitted and are exempt from sign permit requirements, but are limited to display for thirty (30) days.
   (Q)   Flashing Signs: No sign or other advertising structure shall have lights or illuminations that flash, move, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsations except time-temperature-date signs and electronic message boards.
   (R)   Electrical Mobile Signs: Electrical mobile signs are prohibited.
   (S)   Inadequately Maintained Signs: No sign or other advertising structure shall be inadequately maintained so as to show evidence of deterioration, including peeling, rust, dirt, fading, discoloration or holes.
   (T)   Unsafe Signs: No sign or other advertising structure shall constitute a hazard to safety or health by reason of inadequate design, construction, repair or maintenance.
   (U)   Obstruction Of Doors, Windows Or Fire Escapes: No sign or other advertising structure shall be erected, relocated or maintained so as to prevent free ingress to and egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.
   (V)   Illuminated Signs: No sign or other advertising structure shall be illuminated with lights which glare into or upon the surrounding area or any residential premises, or distract operators of vehicles or pedestrians in the public right of way.
   (W)   Signs On Parked Vehicles: It shall be unlawful to park any vehicle anywhere in the village with a "for sale" or similar sign displayed on it, unless the vehicle is parked on lots where businesses have been licensed to sell new or used cars. In addition, signs placed on parked vehicles or trailers where the apparent purpose is to advertise a product or service, or to direct the public to a business or activity located on or off the premises, are prohibited.
   (X)   Temporary Directional Signs And Garage Sale Signs: Temporary directional signs and garage sale signs which are maintained in violation of section 11-14-3, "Exempt Signs", of this chapter, are prohibited. If such a sign is maintained in violation of this title, the person or entity erecting the sign shall be subject to a fine. If the person erecting the sign cannot be determined, the person holding the garage sale or event shall be held responsible.
   (Y)   Political Signs: It shall be unlawful to erect any political sign in violation of section 11-14-3, "Exempt Signs", of this chapter. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-3: EXEMPT SIGNS:

The following signs and operations are exempt from the permit requirements of this title. If the limitations set forth in this section are violated, the penalty provisions of this title shall apply.
   (A)   Exempt Permanent Signs:
      1.   Changeable Copy: Changing of the advertising copy or message on an existing changeable copy sign or similar approved sign whether illuminated or nonilluminated.
      2.   Maintenance: Painting, repainting, cleaning or other normal maintenance and repair of a sign, not involving structural changes or changes in the electrical components of the sign.
      3.   Window Signs: Window signs attached to the inside of a window not exceeding fifty percent (50%) of the window surface area of each windowpane. Illuminated window signs which require electrical permits are not considered exempt from permit requirements.
      4.   Historic District Or Landmark Signs: Signs that are an integral part of the historic nature of a landmark building or historic district.
      5.   Municipal Directional Signs: Municipal signs regulating vehicular or pedestrian traffic or designating or giving direction to streets, schools, historic sites or public buildings.
      6.   Flags: Flags shall be allowed in the B-1, B-2, B-3, and O/I districts as long as such flags are otherwise in compliance with this code and do not exceed one hundred fifty (150) square feet in area. Flags shall be allowed in residential districts as long as such flags are otherwise in compliance with this code and do not exceed forty (40) square feet in area.
      7.   Commercial Building Occupants: Commercial building occupational signs identifying the name and profession of the occupant(s) and not exceeding two (2) square feet in area.
      8.   Plaques: Memorial or commemorative plaques or tablets denoting a building name and/or date of erection or a location of historic significance, and not exceeding four (4) square feet in area.
      9.   Address Signs: Property identification signs indicating address and/or name and not exceeding two (2) square feet in area for residential use and six (6) square feet in area for nonresidential land uses.
      10.   Bulletin Boards: Bulletin boards not over sixteen (16) square feet in area for public or religious institutions when same are located on premises of said institution.
      11.   Subdivision And Planned Unit Development Signs: Permanent residential development signs at major entrances designed to identify a residential subdivision or planned unit development, containing no commercial advertising, constructed of material which is the same or of a more permanent nature than the material used in the development, not to exceed fifteen (15) square feet.
      12.   Multi-Family Residence: Multi-family residences and residential projects of all types may display identification signs indicating nothing other than the name and/or address of the premises and/or the name and/or address and/or telephone number of the management company or agent. Such signs shall not exceed nine (9) square feet in area. Only one sign per street frontage shall be permitted.
      13.   Public Recreation And Community Facility: Each public recreation or community facility shall be permitted one identification sign not to exceed sixty four (64) square feet in area to each sign face. Illuminated signs in this category shall be subject to a no fee permit requirement.
   (B)   Exempt Temporary Signs:
      1.   Real Estate Signs: Real estate signs shall not exceed eight (8) square feet in display surface area in residential districts and sixteen (16) square feet in display surface area in all other districts, and shall not violate this chapter. Such signs shall be removed from the subject property no later than seven (7) days after the sale or rental of said property. No more than one real estate sign allowed per tenant space. (Ord. 1650, 10-10-2007, eff. 10-15-2007)
      2.   Political Signs: Political signs, provided:
         (a)   Signs shall be no more than eight (8) square feet in area on each side.
         (b)   Signs shall not be posted on any public property.
         (c)   Signs are to be posted on private property only and only with the permission of the property owner. (Ord. 1736, 9-22-2010)
      3.   Directional Signs: Temporary directional signs which advertise the date, time, and location of a licensed or permitted garage sale or an event which is held in a public building, park or educational institution. Such signs shall be posted no earlier than twenty four (24) hours prior to and removed no later than twenty four (24) hours after the conclusion of the event to which the sign relates.
      4.   Charitable And Not For Profit Organization Signs: Temporary signs in conjunction with special events conducted by charitable, not for profit organizations of the village. Such signs shall not exceed thirty two (32) square feet in area. They shall not be erected earlier than fourteen (14) days in advance of the event and shall be removed within three (3) days after the termination of the event. This time limitation may be extended by means of a written appeal made to the village board thirty (30) days prior to the date of erection of the sign.
      5.   Temporary Displays: Temporary displays or decorations customarily associated with any national, state, local or religious holiday or celebration. Such signs shall be erected no earlier than forty five (45) days before and removed no later than fourteen (14) days after the termination of the event.
      6.   Hand Held Signs: Hand held signs of a noncommercial nature not set in or affixed to the ground and not exceeding ten (10) square feet in area.
      7.   Construction Site Signs: Signs identifying the architect, engineer, developer and/or contractor when placed upon a construction site which is not located within a single-family residential area. Such signs shall not exceed thirty two (32) square feet in area. Such signs shall not be erected prior to approval of a site plan and shall be removed no later than seven (7) days after issuance of an occupancy permit or completion of the project.
      8.   Temporary Special Occasion Signs: Temporary signs announcing special occasions, including, but not limited to, the birth of a child, a birthday, and holiday greetings; provided, however, that such signs do not exceed twenty four (24) square feet in display surface area. The display of such signs shall be limited to seven (7) days.
      9.   Banners: Banners which are made of cloth, or other material approved by the superintendent of buildings, mounted in a manner that the vertical dimension is greater than the horizontal dimension, secured to rigid frames at both top and bottom and supported by a pole such as a light pole or similar structure, are no longer than nine feet (9') long and twenty four inches (24") wide, are designed to be viewed on both faces, whose purpose is decorative, and may be displayed as a part of a series of banners of the same or similar design. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-4: GENERAL SIGN PROVISIONS:

   (A)   Conflicting Provisions; Most Restrictive Governs: All signs erected in the village shall be in compliance with the provisions set forth in this chapter. If any provision or requirement of this chapter is found to be in conflict with any other provision or requirement of this chapter, or any other applicable governmental law, ordinance, resolution, rule or other governmental law of any kind, the regulation which establishes the more restrictive rule or higher standard will govern.
   (B)   Interpretation: In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements necessary for the promotion and protection of the public health, safety, comfort, morals, convenience and welfare.
   (C)   Placing Signs On Public Or Private Property:
      1.   Placing Signs On Public Property: No signs other than those placed by agencies of government or those signs whose placement has been authorized by the village board shall be erected on any public property. Any sign placed on public property which is not in compliance with this section may be removed by the village without notice.
Directional signs may be erected upon village street name signposts under the following conditions:
         (a)   The sign directs the reader to a location within the village.
         (b)   The sign directs the reader to the location of a public facility, or a facility operated by a nonprofit entity, or to a facility relating to the public health, safety or welfare, or to scenic or historic trails or districts, or to a garage sale, which has been properly authorized and permitted.
         (c)   The signs are fabricated, erected, maintained and removed by the entity requesting the erection of such signs.
         (d)   The signs are erected no sooner than twenty four (24) hours prior to the beginning of the event to which they refer and are removed no later than twenty four (24) hours after the conclusion of said event.
         (e)   The entire cost of the sign is borne by the entity requesting the signs.
         (f)   The signs are installed at locations where they will not constitute a traffic hazard.
         (g)   No more than four (4) directional signs permitted under this section are erected for each entity. The limitation provided hereby shall not apply to signs directing the reader to scenic or historic trails or districts.
         (h)   The signs shall have a display surface area of no more than two (2) square feet.
      2.   Placing Signs On Private Property: No signs shall be placed on any private property without prior consent of the owner thereof and proper village permit, where appropriate.
   (D)   Sign Limitations: The gross number of square feet of display surface area of any signs on a lot shall not exceed the linear street frontage of the lot. Each side of a lot which abuts upon a street, or each side of a building which abuts against a paved parking area, shall be considered as a separate frontage. The gross surface area of all signs located on each side of a lot shall not exceed the linear feet in the separate frontage.
   (E)   Protection Of First Amendment Rights: Any sign allowed under this chapter may contain, in lieu of any other copy, a lawful noncommercial message that does not direct attention to a business operated for a profit or to a commodity or service for sale and that complies with all other requirements of this chapter. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-5: ILLUMINATION:

   (A)   Sign Illumination: The illumination of a sign permitted by this chapter shall be from a steady, nonflashing source of light. Illuminated signs, or the source of light for such signs, shall be designed, located, shielded and directed so as to prevent the casting of glare or direct light upon adjacent publicly dedicated roadways and surrounding properties.
   (B)   Illumination Of Buildings, Structures, And Sales Lots:
      1.   The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires or any other type of support, to illuminate buildings, structures, outdoor sales areas or outdoor storage areas is prohibited except:
         (a)   During the holiday season.
         (b)   On a temporary basis for areas in which carnivals, fairs or other similar activities are held.
         (c)   On a temporary basis as otherwise determined by the village.
      2.   A lot, building or other structure may be illuminated, but all light sources used for this purpose must be designed, located, shielded and aimed in such a manner that the light is directed onto the property for which the illumination was intended and not onto adjacent or surrounding properties or toward any roadway in such a manner that the glare may impede drivers' visibility. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-6: SIGN AREA COMPUTATION:

The following principles shall control the computation of sign area:
   (A)   Computation Of Area Of Individual Signs: The area of a sign face shall be computed by means of the smallest square, circle, rectangle or triangle, or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background or the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing, unless such framework or bracing is made part of the message or face of the sign.
   (B)   Computation Of Area Of Multiple-Faced Signs: The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two (2) identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty two inches (42") apart, the sign area shall be computed by the measurement of one of the faces.
(Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-7: CONSTRUCTION AND DESIGN STANDARDS:

All signs constructed, erected, modified or altered shall comply with the provisions of this chapter and the requirements of the village building code. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-8: LITTER CONTROL:

All signs, and the premises surrounding the sign, shall be maintained in a clean, sanitary and inoffensive condition, and free and clear of all noxious substances, rubbish and weeds. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-9: MAINTENANCE:

   (A)   Identification And Marking: Every sign or other advertising structure hereafter registered or permitted shall show in a conspicuous place thereon, which is visible to the superintendent of buildings and is readable by the superintendent of buildings from the ground, the following:
      1.   The permit number.
      2.   The date of installation.
      3.   The voltage of any electrical apparatus used in connection with the sign.
   (B)   Sign And Premises Maintenance: All signs and the premises surrounding the same shall be maintained by the owner thereof in a clean, sanitary and inoffensive condition and free and clear of all noxious substances, rubbish and weeds. If the superintendent of buildings shall find that any sign or other advertising structure regulated herein is unsafe or insecure, abandoned or maintained in a dilapidated condition or has been constructed, erected or is being maintained in violation of the provisions of this chapter, written notice shall be presented to the property owner instructing him to remove or alter the sign or advertising structure so as to comply with the standards herein set forth within a reasonable time set forth in such notice. Failure to comply with this notice shall be a violation of this chapter. (Ord. 1650, 10-10-2007, eff. 10-15-2007)
   (C)   Removal Of Signs: Any sign erected, affixed, placed, pasted, painted, depicted or otherwise displayed which exists in order to identify a commercial business at the particular location where the sign is located, shall be taken down and/or removed so that the commercial business is no longer identified by the owner, agent, or person having the beneficial use of the structure upon which such sign may be found within thirty (30) days of the commercial business identified within said sign no longer having a valid business license at the location where the sign is located and/or when said commercial business has moved, closed or otherwise failed to operate for a period of thirty (30) consecutive days. Enforcement of this subsection shall take place in the same manner as set forth in subsection 11-14-16(A) of this chapter. (Ord. 1906, 11-11-2015)

11-14-10: LANDSCAPE REQUIREMENTS:

Pole and monument signs shall be required to be maintained with landscaping at the base of the sign. The landscaping provided shall consist of a square, rectangle, oval or circle, the area of which shall be a minimum of three feet (3') in width on each side of the sign base. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-11: WIND PRESSURE AND DIRECT LOAD REQUIREMENTS:

All signs and sign structures shall be designed and constructed to withstand wind pressures and dead loads as required by the village building code. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-12: SIGN STANDARDS BY SIGN TYPE:

   (A)   Freestanding Pole Sign:
      1.   It shall be unlawful to erect any freestanding pole sign whose total height is greater than thirty feet (30') in the B-1, B-3 and O/I districts and greater than ten feet (10') in height in the B-2 and residential districts above the level of the street upon which the sign faces, or above the adjoining ground level if such ground level is above street level. There shall be only one freestanding pole sign per lot, except that on a corner lot two (2) signs, one facing each street, shall be permitted. Traffic control signs at the entrance and egress of a parking lot which are less than five feet (5') in height and the primary function of which is to direct the movement of traffic in an orderly fashion may be permitted by the superintendent of buildings in addition to other freestanding pole signs on that lot. Freestanding pole signs shall have a space of not less than nine feet (9') between the bottom of said sign and ground level unless approved by the superintendent of buildings. This open space may be filled in with a platform or decorative latticework which does not close off more than one-half (1/2) of any square foot of such open space.
      2.   The display surface and supporting structure of a freestanding pole sign shall be constructed of wood, metal or other material approved by the superintendent of buildings.
      3.   All letters, figures, characters or representations in cutout or irregular form, maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
      4.   The lettering or advertising designs to be illuminated may be composed of glass or other transparent or semitransparent noncombustible material. Any glass forming a part of any sign shall be safety glass or plate glass at least one-fourth inch (1/4") thick. In case any single piece or pane of glass has an area exceeding three (3) square feet in area it must be constructed of wire glass or safety glass.
      5.   Any poles or similar structures which are the primary support of a freestanding pole sign shall be erected in such a manner that at least forty two inches (42") of the length the poles are underground. This requirement may be modified based upon the size of the sign, the height of the sign, at the discretion of the superintendent of buildings. The superintendent of buildings may require, in cases of signs over ten feet (10') in height, proper documentation from a structural engineer or manufacturer that indicates proper installation instructions for the sign as well as the sign's ability to withstand wind pressures. (Ord. 1650, 10-10-2007, eff. 10-15-2007)
      6.   Notwithstanding any provisions of this subsection (A), a billboard allowed under subsection 11-14-2(C) of this chapter shall not exceed one hundred ten feet (110') in height and shall not exceed one thousand four hundred (1,400) square feet per face. (Ord. 1714, 12-23-2009)
   (B)   Freestanding Monument Sign:
      1.   It shall be unlawful to erect any freestanding monument sign whose total height is greater than eight feet (8') in the B-1, B-2, B-3 and O/I districts and greater than six feet (6') in height in the residential districts above the level of the street upon which the sign faces, or above the adjoining ground level if such ground level is above street level. There shall be only one freestanding monument sign per lot.
      2.   The maximum gross sign area for a monument sign shall not exceed fifty (50) square feet in the B-1, B-3 and O/I districts and thirty two (32) square feet in the B-2 and residential districts.
      3.   All letters, figures, characters or representations in cutout or irregular form, maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
      4.   The lettering or advertising designs to be illuminated may be composed of glass or other transparent or semitransparent noncombustible material. Any glass forming a part of any sign shall be safety glass or plate glass at least one-fourth inch (1/4") thick. In case any single piece or pane of glass has an area exceeding three (3) square feet in area it must be constructed of wire glass or safety glass.
      5.   Freestanding monument signs shall be mounted on a concrete footing that supports a masonry base or base made of material that matches the facade of the buildings.
   (C)   Wall Sign:
      1.   Wall signs shall not extend beyond the ends and/or top of the building. Any sign extending more than six inches (6") from the wall of a building shall be located at a height of not less than nine feet (9') above grade. No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of the wall to which it is attached. Any one wall sign shall not exceed an area of five hundred (500) square feet or a number calculated according to the formula of one square foot of signage per one foot (1') of lot frontage of the lot on which it is erected, whichever is smaller, as provided in section 11-14-6 of this chapter.
      2.   Wall signs shall be constructed of wood, metal or any material approved by the superintendent of buildings. Wall signs may also be painted onto the building facade in accordance with this chapter.
      3.   Wall signs shall be safely and securely attached to the building wall by means of metal anchors, bolts, or expansion screws of not less than three-eighths inch (3/8") diameter embedded into the wall at least five inches (5"). However, such signs may rest in or be bolted to strong, heavy metal brackets or saddles set not over six feet (6') apart, each of which shall be securely fixed to the wall. No wall sign shall be secured with wire, strips of wood or nails.
      4.   Wall signs that are painted onto the facade must be properly maintained and are subject to the same size requirements as other wall signs.
   (D)   Projecting Sign:
      1.   Projecting signs shall be limited in area as follows:
         (a)   Horizontal projecting signs shall not exceed fifty (50) square feet in display surface area on each side.
         (b)   Vertical projecting signs shall not exceed one hundred (100) square feet in display surface area on each side.
The distance measured between the principal faces of any projecting sign (the thickness of said sign) shall not exceed eighteen inches (18"). Every projecting sign shall be placed at least nine feet (9') above the public sidewalk over which it is erected, no more than two feet (2') from the face of the building or other structure to which it is attached, measuring from the point on the sign which is nearest the wall, and must be at least three feet (3') inside the curb line.
      2.   Projecting signs, including frames, braces and supports, shall be designed by a structural engineer or manufacturer, constructed of noncombustible materials, illuminated and two (2) faced.
      3.   The lettering or advertising designs to be illuminated may be composed of glass or other transparent or semitransparent noncombustible material. Any glass forming a part of any sign shall be safety glass or plate glass at least one-fourth inch (1/4") thick. In case any single piece or pane of glass has an area exceeding three (3) square feet in area, it must be constructed of wire glass or safety glass.
      4.   Any movable part of a projecting sign such as the cover of a service opening shall be securely fastened by chains or hinges.
      5.   Projecting signs exceeding ten (10) square feet in area or fifty (50) pounds in weight shall neither be attached to, nor supported by, frame buildings nor the wooden framework of a building. Such signs shall be attached to a masonry wall with galvanized expansion bolts at least three-eighths inch (3/8") in diameter, shall be fixed in the wall by means of bolts extending through the wall and shall contain properly sized metal washer or plat on the inside of the wall. This provision may be waived in lieu of an alternate method approved by the superintendent of buildings.
      6.   No projecting sign shall be secured with wire, strips of wood or nails nor shall any projecting sign be hung or secured to any other sign.
      7.   No floodlights or spotlights shall be permitted on projecting signs.
      8.   V-shaped signs consisting of two (2) single face signs erected on a roof or ceiling shall not be permitted.
   (E)   Marquee Sign:
      1.   Signs attached to or hung from a marquee shall be completely within the borderline of the marquee outer edge and in no instance lower than nine feet (9') above the sidewalk. No marquee shall be permitted to extend beyond a point three feet (3') inside the curb line. No marquee shall be wider than the entrance or entrances of a building, plus five feet (5') on each side. However, where the entrances to a building are not more than twenty feet (20') apart, a marquee may be made a continuous single structure between the entrances.
      2.   Marquees, including the anchors, bolts, supports, rods and braces, shall be constructed of noncombustible materials and designed by the structural engineer or manufacturer. The marquee shall be illuminated.
      3.   Marquee roofs shall be properly guttered and connected by downspouts to a storm sewer so that rainwater will not drip or flow onto public property.
      4.   Marquee roofs shall be used for no other purposes than to form a roof and at least twenty five percent (25%) of the area of the roof of every marquee shall be of glass or other noncombustible transparent material.
      5.   Marquees shall be supported solely by the building to which they are attached. No columns or posts shall be used as supports.
      6.   Marquee roofs, except the glass area required, shall be designed and constructed to support a live load of not less than one hundred fifty (150) pounds per square foot.
   (F)   Awnings And Canopies:
      1.   Advertising, including the name of the business, product or service and/or logo, may occupy no more than twenty five percent (25%) of the surface of any side of an awning or canopy. The address may be in addition to the advertising copy and is excluded from the twenty five percent (25%). No portion of an awning shall be less than nine feet (9') above the level of the public sidewalk or thoroughfare over which it is erected. No portion of a canopy shall be less than nine feet (9') above the level of the public sidewalk or thoroughfare over which it is erected. No awning or canopy shall be permitted to extend beyond a point three feet (3') inside the curb line.
      2.   Awnings and canopies may be constructed out of metal, cloth or other material approved by the superintendent of buildings. However, all frames and supports shall be made of metal. All awning signs in the R-5 village center multi-family residential district and the B-2 village center district shall contain advertising on only twenty five percent (25%) of the surface of any side. If the address of the business cannot be mounted at a visible location on the building, the address number may also be placed on the awning. However, all frames and supports shall be made of metal or other similar nonrigid material. Backlit, rigid canopies or awnings are prohibited in the B-2 district.
      3.   Awnings shall be securely attached to and supported by a building. Posts or columns beyond the building shall not be permitted for awnings. No awning shall be attached to the wood jambs, frames or other wooden members of a building when such building is less than ten feet (10') from public property.
      4.   Canopy frameworks shall be designed by a structural engineer or manufacturer and approved by the superintendent of buildings in compliance with the building code.
   (G)   Advertising Benches:
      1.   No advertising bench shall be allowed upon public property. This does not include any bus shelter approved by village officials.
      2.   Advertising benches are allowed if they are placed upon private property zoned for business and if the bench advertises products or services of the business located on said property. Said advertising benches are considered signs and are subject to permit requirements, fees and other local ordinances.
      3.   If at any time an advertising bench is found located on any public sidewalk, right of way, public way or public street within the village, the village shall notify the owner and/or the advertiser, in writing, that said advertising bench must be removed. In the event that said advertising bench is not removed within seven (7) days of the date of the written notice, the village may remove and store said advertising bench and the owner and/or the advertiser thereof shall be responsible for the village's cost in removing and storing said advertising bench.
      4.   In addition to the removal of any advertising benches in violation of this subsection, any person violating the provisions of this chapter shall be fined in accordance with section 1-4-1 of this code. This penalty shall be applicable to both the owner of the bench and to the advertiser thereon.
   (H)   Nonelectrical Mobile Signs, Inflatable Advertising Devices And Searchlights: Specific regulations for the use of nonelectrical mobile signs, inflatable advertising devices and searchlights, hereinafter sometimes referred to as "signs", shall include the following:
      1.   Number Of Days Allowed: No nonelectrical mobile sign, inflatable advertising device or searchlight shall be permitted to stand at any business within the village for a period of more than thirty (30) consecutive days in any year, nor more than a total of sixty (60) days in any year. No nonelectrical mobile sign, inflatable advertising device or searchlight permit shall be issued for consecutive thirty (30) day periods without at least a period of thirty (30) days intervening.
      2.   Placement: No nonelectrical mobile sign, inflatable advertising device or searchlight shall be permitted to stand upon any public right of way. They shall be placed on private property only when a permit is issued.
      3.   Traffic, Line Of Sight Hazard: All nonelectrical mobile signs, inflatable advertising devices or searchlights shall meet all village requirements concerning traffic hazards and line of sight hazards.
      4.   Flashing, Blinking Lights: No nonelectrical mobile sign, inflatable advertising device or searchlight shall be permitted with lights that flash, blink or vary in intensity.
      5.   Signs To Comply With Codes: All nonelectrical mobile signs, inflatable advertising devices and searchlights shall comply with applicable code provisions of the village including, but not limited to, the applicable electrical code provisions.
      6.   Owner Identification: Each nonelectrical mobile sign, inflatable advertising device and searchlight shall have clearly and permanently stamped, painted or affixed thereon, in a prominent and visible location, the name and address of the owner.
      7.   Electrically Powered Devices: In cases of electrically powered inflatable devices and searchlights, the following regulations shall also apply thereto:
         (a)   The source of power shall be a weatherproof receptacle, equipped with a ground fault interrupter (GFI) device.
         (b)   There shall not be any other connector of any kind between the sign and the source of power.
         (c)   In no case shall the cord be in such a position that it will be walked over by pedestrian traffic or be driven over by any form of wheeled vehicle.
         (d)   No sign shall be operated with any power source unless the sign has a Underwriters Laboratory (UL) label affixed thereto.
         (e)   Temporary electrical permits shall be required for all electrically powered inflatable advertising devices or searchlights.
      8.   Sign And Area Maintenance: All signs shall be maintained in good working order and in a structurally safe condition, and the immediate area surrounding said sign shall be kept free from litter and debris.
      9.   Permit Required: It shall be unlawful for any person to place a nonelectrical mobile sign, inflatable advertising device or searchlight within the village without having first obtained a permit therefor from the superintendent of buildings. The application for said permit shall be on a form provided by the superintendent of buildings and contain such information as required by the superintendent of buildings.
      10.   Permit Period: All permits for nonelectrical mobile signs, inflatable advertising devices and searchlights shall be valid for a period not to exceed thirty (30) days and shall set forth thereon the date of issuance and the date of expiration.
      11.   Size: No nonelectrical mobile sign shall be allowed which is larger than four feet by eight feet (4' x 8') on each sign face.
      12.   Construction; Placement: All nonelectrical mobile signs shall be firmly and solidly constructed and must be firmly and securely set in place.
      13.   Penalty Provisions:
         (a)   Any person who places a nonelectrical mobile sign, inflatable advertising device or searchlight upon property within the village without first having obtained and kept in full effect a permit as required above, shall be required to procure a permit for such sign and shall pay a fee therefor that is equal to twice the fee which is otherwise charged hereunder.
         (b)   Any person convicted of violating any of the provisions of this subsection, in addition to the penalties provided herein, shall have his/her permit revoked and no new permit shall be allowed to that person or on that location for one year.
         (c)   When the person responsible for violating the provisions of this subsection cannot reasonably be determined, then the person holding the permit to place the sign at such location shall be the person who is in violation of this subsection. In the event that at the time of the violation there exists no valid permit for the particular sign in violation, then the owner of the sign, or the owner of the property or business where the sign is located, shall be the person who is in violation of this subsection. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-13: REGULATION BY DISTRICT CLASSIFICATION:

   (A)   Residential Districts: For all residential uses, only the following signs are hereby permitted and then only if accessory and incidental to a permitted or special use:
      1.   Unilluminated Nameplates: Unilluminated nameplates are permitted subject to the following regulations:
         (a)   R-1 And R-2 Districts: A nameplate shall not exceed two (2) square feet in area and shall indicate only the name or name and address of the occupant. There shall be not more than one such nameplate for each dwelling, provided that it is affixed to the dwelling flat against the door or on the wall adjacent thereto, or may be located elsewhere on an accessory building or structure or piece of land within the boundaries of the lot.
         (b)   R-3, R-4 And R-5 Districts: Only a nameplate as described above for a single- or two-family dwelling shall be permitted. For a multi-family dwelling, a nameplate may not exceed nine (9) square feet in area, provided it indicates only the name or name and address of the building, but not located higher than one story, or twenty feet (20') above curb level, whichever is lower. Such a nameplate may also be in the form of a freestanding sign, provided it is not nearer to the street line than one-half (1/2) the depth of the required front yard and does not exceed four feet (4') in height.
         (c)   Exempt Signs: Exempt signs identified in section 11-14-3 of this chapter.
      2.   Nonresidential Uses In Residential Districts: Unilluminated or nonflashing, illuminated church, school or community building signs are permitted in all areas subject to the following regulations:
         (a)   There shall not be more than one sign per lot, except on a corner lot, two (2) signs, one facing each street, shall be permitted, provided that such signs shall be located on the same lot as the principal church use.
         (b)   No sign shall exceed thirty two (32) square feet of display surface area unless it is a double faced sign, which shall be allowed a total of sixty four (64) square feet of display surface area.
         (c)   No sign shall be closer than eight feet (8') to any side and rear lot line.
         (d)   No sign, when affixed against the building, shall project higher than the height of the building, or thirty feet (30') above the curb level, whichever is lower.
         (e)   No sign in the form of a freestanding sign shall project higher than ten feet (10') above ground grade.
         (f)   Signs used to identify a preschool or other school in a residential area are permitted, provided such signs do not exceed ten (10) square feet in display surface area and are used for identification purposes only.
         (g)   Signs used to identify the occupant of a lot who has been granted permission for a special use of that lot shall comply with any requirements set forth by the village board at the time when the special use was permitted.
         (h)   Exempt signs identified in section 11-14-3 of this chapter are allowed as stated in section 11-14-3 of this chapter.
   (B)   B-1, B-3, And O/I Districts: In B-1, B-3 and O/I districts, only the following signs are hereby permitted and then only if accessory and incidental to a permitted or special use and are in compliance with the provisions set forth elsewhere in this chapter and other ordinances of the village:
      1.   All signs permitted in the residential districts.
      2.   Wall signs in compliance with the provisions set forth in this chapter are permitted.
      3.   Freestanding pole signs in compliance with the provisions set forth in this chapter are permitted.
      4.   Freestanding monument signs in compliance with the provisions set forth in this chapter are permitted.
      5.   In a unified shopping center in single ownership or control, one additional sign may be erected. The sign shall not exceed sixty (60) square feet in area and not display more than the name and location of the shopping center. For pole signs, its bottom edge shall be at least ten feet (10') above the level of the ground and its overall height shall not exceed thirty feet (30') above the curb level.
      6.   Projecting signs in compliance with the provisions set forth in this chapter are permitted.
      7.   Marquees in compliance with the provisions set forth in this chapter are permitted.
      8.   Awnings in compliance with the provisions set forth in this chapter are permitted.
      9.   Canopies in compliance with the provisions set forth in this chapter are permitted.
      10.   Window signs in compliance with the provisions set forth in this chapter are permitted.
      11.   Directory signs indicating the names of the occupants of a complex, provided no advertising material is included, are permitted.
      12.   Real estate signs are permitted provided that not more than one such sign shall be allowed per lot.
      13.   Inflatable advertising devices which have been permitted by the superintendent of buildings.
      14.   Searchlights which have been permitted by the superintendent of buildings.
      15.   Nonelectrical mobile signs which have placed in compliance with the provisions of this chapter.
      16.   All exempt signs identified in section 11-14-3 of this chapter.
   (C)   B-2 District: In the B-2 district, only the following signs are hereby permitted and then only if accessory and incidental to a permitted or special use and are in compliance with the provisions set forth elsewhere in this chapter and other ordinances of the village:
      1.   All signs permitted in the residential districts.
      2.   Wall signs in compliance with the provisions set forth in this chapter are permitted.
      3.   Freestanding monument and pole signs are permitted only on property which has a front and/or corner side yard setback and is in compliance with the provisions set forth in this chapter.
      4.   Overall height of freestanding monument and pole signs shall not exceed ten feet (10'). (See subsections 11-14-12(A) and (B) of this chapter.)
      5.   In a unified shopping center, in single ownership or control, which has a front and/or corner side yard setback, one additional sign may be erected. The sign shall not exceed sixty (60) square feet in area, no display more than the name and location of the shopping center. Its overall height shall not exceed ten feet (10') above the curb level.
      6.   Projecting signs in compliance with the provisions set forth in this chapter are permitted.
      7.   Marquees in compliance with the provisions set forth in this chapter are permitted.
      8.   Awnings in compliance with the provisions set forth in this chapter are permitted.
      9.   Canopies in compliance with the provisions set forth in this chapter are permitted.
      10.   Window signs in compliance with the provisions set forth in this chapter are permitted.
      11.   Directory signs indicating the names of the occupants of a complex, provided no advertising material is included, are permitted.
      12.   Real estate signs are permitted provided that not more than one such sign shall be allowed per lot.
      13.   Inflatable advertising devices which have been permitted by the superintendent of buildings.
      14.   Searchlights that have been permitted by the superintendent of buildings.
      15.   A-frame portable signs which are temporary and which have been placed in compliance with the provisions of this chapter. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-14: NONCONFORMING SIGNS:

Any sign lawfully existing prior to the enactment of this chapter, but which could not be erected in accordance with the provisions of this chapter, shall be deemed to be a nonconforming sign and may continue to be in existence with the following conditions:
   (A)   The sign must be properly maintained in a safe condition. No nonconforming sign shall have any changes made in the words or symbols used or the message displayed on the sign unless the sign is specifically designed for changeable copy. Any other changes made will be to bring the nonconforming sign into conformance with the provisions of this chapter.
   (B)   No nonconforming sign shall be allowed to remain after the activity, business or use to which it relates has been discontinued. Sign removal shall include removal of all brackets and supporting structures.
   (C)   If a nonconforming sign is damaged in such a manner that the estimated expense of repairs exceeds fifty percent (50%) of its replacement value, the sign shall not be allowed to remain and must be removed.
   (D)   Any sign that did not lawfully exist prior to the enactment of this chapter and any signs constructed after the enactment of this chapter that do not comply with this code are illegal, nonconforming signs. Such illegal, nonconforming signs shall be removed forthwith by the owner or lessee. If the owner or lessee fails to remove the sign, written notice shall be sent by the superintendent of buildings to the owner or lessee. For failure to remove the sign within ten (10) days, the superintendent of buildings may cause the removal of said signs and assess the owners and/or lessees the cost of removal and storage. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-15: SIGN PERMIT:

The superintendent of buildings or his/her designee may revoke any permit where there has been a violation of the provisions of this title or a misrepresentation of fact on the permit application. Except as provided in section 11-2-13, "Sign Permits", of this title, it shall be unlawful for any person to erect, relocate, structurally alter, within the village, any sign or other advertising structure as defined in this chapter, without first obtaining an erection permit from the village and making payment of the permit fee. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

11-14-16: ENFORCEMENT:

   (A)   Unlawful Signs: If the superintendent of buildings or his/her designee finds that any sign or other advertising structure is prohibited by the provisions of this chapter, the superintendent of buildings shall give written notice to the permittee or the owner or lessee of the property upon which the structure is located. If the permittee or owner fails to alter the structure so as to comply with the standards set forth in this chapter within ten (10) days after such notice, the superintendent of buildings will cite the permittee or owner of the property upon which the structure is located for violation of this chapter. The superintendent of buildings may cause such removal or alteration as is necessary to bring the structure into compliance and assess the costs to the permittee or owner or lessee. The superintendent of buildings may cause any sign or other advertising structure that presents an immediate peril to persons or property to be removed or altered immediately without notice. (Ord. 1650, 10-10-2007, eff. 10-15-2007)
   (B)   Penalty For Violation Of This Chapter: Unless otherwise provided, any person violating any of the provisions of this chapter shall be subject to a fine not exceeding the penalty as provided in section 1-4-1 of this code or the maximum allowed by state statutes. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Ord. 1650, 10-10-2007, eff. 10-15-2007; amd. 2010 Code)