(1)

Purpose. The purpose of this article is to regulate signs and outdoor advertising within the Village of Millington to protect public health, safety, and welfare; minimize abundance and size of signs to reduce motorist distraction and loss of sight distance; promote public convenience; preserve property values; and enhance the aesthetic appearance within the village. These objectives are accomplished by establishing the minimum amount of regulations necessary concerning the size, placement, and other aspects of signs in the village.

(2)

General provisions.

(a)

Wind pressure and dead load requirements. Ground, projecting, wall and marquee signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area and shall be constructed to receive dead loads as required elsewhere in the village building code.

(b)

Illumination. All illumination shall be concentrated on the area of the sign or landscape feature so as to prevent glare upon the street or adjacent property. No sign shall be illuminated by other than electrical means or devices, and wiring shall be installed in accordance with the National Electrical Code. Any signs shall be of a wattage of not to exceed 60 watts per bulb. No lights shall be permitted in excess of 60 watts per bulb and in no instance shall such light be located as to be hazardous to traffic.

(c)

Clear vision area. No sign shall be located within, project into, or overhang the corner clearance area as defined in article II of this chapter.

(d)

Measuring sign height.

1.

The permitted height of all signs supported by the ground shall be measured from the level of the ground, finished surface, adjacent to the sign.

2.

Sign height shall not be measured from an area of the ground that has been built-up or constructed in a manner that would have the effect of allowing a higher sign height than permitted by these regulations (e.g. The height of signs erected on a berm shall be measured from the finished grade adjacent to the berm).

(e)

Measuring sign area.

1.

Sign area shall be measured as the square footage of the sign face and any frame or other material or color forming an integral part of the display or used to differentiate it from the background against which it is placed.

2.

When a sign consists solely of lettering or other sign elements printed, painted or mounted on a wall of a building without any distinguishing border, panel or background, the calculation for sign area shall be measured by enclosing the most protruding edges of the sign elements within a parallelogram or rectangle.

3.

The area of a double-faced sign such as a pole/pylon or monument sign shall be computed using only one face of the sign provided that:

a.

The outline and dimensions of both faces are identical; and

b.

The faces are back to back so that only one face is visible at any given time.

(f)

Maintenance.

1.

All signs for which a permit is required and all supports thereof shall:

a.

Be kept in compliance with the plans and specifications filed and approved for issuance of the sign permit.

b.

Be kept and maintained in a safe condition.

c.

At all times conform to all provisions of this chapter.

2.

The zoning administrator has the authority to inspect any sign requiring a permit at any given time to ensure compliance with the requirements of this chapter.

3.

The zoning administrator may require the repair or removal of a sign requiring a permit within seven days upon the finding that any of the following conditions exist:

a.

The sign is found to be unsafe.

b.

The sign is in a condition that does not comply with this chapter.

c.

The sign was established as an accessory use for a principal use which has ceased to exist for a period of six months.

(3)

Prohibited signs. The following signs shall be prohibited throughout the village:

Table 5-1
Prohibited Signs

(4)

Exempt Signs. The following signs shall be exempt from the requirements of this section.

Table 5-2
Exempt Signs

(5)

Temporary Signs. A temporary sign permit with applicable fees (permit fees as required by the village fee schedule) must be sought for the following:

Table 5-3
Temporary Signs Requiring a Permit

The following steps shall be taken by anyone seeking a permit for a temporary sign:

(a)

The applicant shall file a complete application form, and provide all information required.

(b)

Temporary signs shall not be displayed longer than 30 days.

(c)

No temporary sign shall exceed 32 square feet. The limit for an A-frame sign or alike, is a maximum of 6 square feet on each side. The overall signage of temporary signs shall not exceed 32 square feet per address.

(d)

No temporary sign shall have flashing lights of any kind. The sign may be lit with constant lighting.

(e)

Temporary signs shall be set back at least 10 feet from all property boundary lines and street right-of-way lines. In the case of an A-Frame sign or alike, located in the downtown area, the sign must not sit upon or block the right-of-way for pedestrians.

(f)

Temporary signs shall be removed immediately upon expiration of the 30 day permit. If a sign is not removed or the permit renewed, a per day penalty will be assessed in accordance with the schedule of fees. If not paid in a timely fashion, this charge will be added to the property taxes plus an administration fee for the processing of the necessary paperwork as allowed by the schedule of fees.

(g)

If portable signs are to become permanent, all such signs shall be permanently incorporated as part of the businesses freestanding sign. The size of the sign is not to exceed the maximum size allowed for freestanding signs plus 32 square foot for each side.

(6)

Permitted Signs in the R-1 and R-3 District. Any permanent sign placed in the R-1 or R-3 district shall require a zoning permit and building permit. For the erection, construction, or alteration of any sign, including electrical permits for all illuminated signs, all such signs shall require approval by the zoning administrator. Permit fees as required by the village fee schedule.

The following signs are permitted in the R-1 and R-3 Districts.

Table 5-4
Permitted Signs in the R-1 and R-3 Districts

(7)

Permitted Signs in the C-1 Central Business District. Any permanent sign placed in the C-1 Central Business District shall require a zoning permit and building permit. For the erection, construction, or alteration of any sign, including electrical permits for all illuminated signs, all such signs shall require approval by the zoning administrator. Permit fees as required by the village fee schedule.

Table 5-5
Permitted Signs in the C-1 Central Business District

(8)

Permitted Signs in the C-2 and IND District. Any permanent sign placed in the C-2 and IND District shall require a zoning/sign permit and building permit if required by zoning administrator. This permit is required for the erection, construction, or alteration of any sign, including electrical permits for all illuminated signs, and all such signs shall require site plan approval by the zoning administrator. Permit fees as required by the village fee schedule.

The following signs are permitted in the C-2 and IND District. In addition to the requirements below, all signs shall be set back a minimum of five feet from the front property line and 25 feet from all other property lines.

Table 5-6
Permitted Signs in the C-2 and IND Districts

(9)

Billboards. Billboard signs shall be permitted by Special Use Permit. All setbacks for billboards shall be based upon the size of the sign. No billboard sign may sit in any right-of-way and must be at least 1,000 feet away from any residential zoned property. The maximum size of a billboard shall be 32 square feet.

(10)

Window Signs. Window signs located inside the building that are visible from the front lot line shall be included in the calculation of maximum wall sign area if they are displayed longer than 14 days.

(11)

Obsolete Signs. All signs that are obsolete due to discontinuance of the business shall be removed within 30 days of the close of said business.

Any signs relating to any activity (ex: church function, nonprofit charitable, community service organization, etc.) must be removed immediately after activity / event is complete. The group responsible for any sign remaining after the activity or event may not be allowed to place signs for their event or activity again.

(12)

Portable Signs. All portable signs need to be framed in with the existing freestanding sign after being approved by the zoning administrator.

All electrical service to signs shall be permanently installed and inspected and approved by a certified electrician. No sign shall obtain its electrical service from an extension cord or similar means.

There shall be no flashing lights, arrows, or similar devices designed to attract attention as part of any sign. This provision shall not prohibit electronic sequential message signs provided the message does not change more frequently than once each 30 seconds.

Signs for individual businesses shall not exceed 32 square feet as measured on one side of a two sided sign. Signs for a complex of individual offices, stores, or businesses shall be incorporated as part of the complex's permanent freestanding sign and shall not exceed 50 square feet as measured on one side of a two sided sign.

(13)

Non-conforming Signs.

(a)

Any sign existing at the time of adoption of these regulations which does not comply with all provisions shall be considered a legal non-conforming sign and may be permitted to continue if the sign is properly maintained and not detrimental to the health, safety and welfare of the community.

(b)

Nothing shall prevent the strengthening or restoring to a safe condition of any portion of a sign declared unsafe by the Building Inspector. Such signs may be improved only to the extent that such improvement does not exceed 50 percent of the current market value of the existing sign structure.

(c)

Subject to exceptions below, any legal non-conforming signs may be continued in operation and maintained after the effective date of these regulations provided that the signs shall not be:

1.

Structurally altered so as to extend their useful life;

2.

Expanded;

3.

Relocated;

4.

Re-established after damage of more than 50 percent of the value at the time of such damage or destruction;

5.

Modified in any way that would increase the degree of non-conformity of such sign.

(d)

Abandonment or obsolescence of a non-conforming sign shall terminate immediately the right to maintain such a sign.

1.

An obsolete sign and its supporting structure shall be removed by the property owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises within ten days after written notice from the zoning administrator.

2.

A sign which is in conformity with the other provisions of these regulations may remain in place if such sign is obscured by the use of a blank panel attached within the frame of the sign and shall be permitted to remain for a period not to exceed 120 days.

3.

Where a successor to an inactive business agrees, within 30 days of the date of written notice by the zoning administrator, to maintain the sign as provided for by these regulations, this removal requirement shall not apply, provided that the existing sign and structure conforms to all current sign requirements.

(e)

All portable signs, except those specifically permitted by these regulations that exist on the effective date of these regulations, shall be removed immediately upon the enactment of these regulations.

(f)

Any illegal non-conforming signs that exist on the effective date of these regulations shall be removed immediately upon the enactment of these regulations but may be replaced by signs that conform to these regulations.

(14)

Administration of the sign regulations.

(a)

No sign, permanent or temporary, shall be erected, structurally altered or relocated, except as otherwise provided in these regulations, without review and approval from the zoning administrator by issuance of a zoning permit.

(b)

Staking of signs proposed location. The location of a proposed sign shall be staked by the property owner. The zoning administrator will use the staked location to determine compliance with required setbacks set out in these regulations before issuing a sign permit.

(c)

Exceptions. The following shall not require a zoning permit:

1.

Replacing Copy. The changing of the advertising copy or message on an approved painted or printed sign, on a theater marquee and on similar approved signs which are specifically designed for the use of replaceable copy; and

2.

Maintenance. Painting, repainting, cleaning or other normal maintenance or repair of a sign or a sign structure, unless a structural change is made.

(d)

Certificate of compliance. All signs shall require a final inspection and the issuance of a certificate of compliance from the zoning administrator. The property owner shall notify the zoning administrator immediately upon erecting the sign to request the final inspection.