The intent of this chapter is to regulate the size, location, type, number, and maintenance of signs within the village and to promote the public's health, safety, and welfare. This chapter strives to provide adequate community identification and advertising while maintaining an attractive appearance. (Ord. 2009-14, 5-13-2009)

ABANDONED SIGN: A sign which has been discontinued for a period of ninety (90) days, regardless of the intent to resume or not to abandon such use.

ADVERTISING SIGN/BILLBOARD: An off premises sign directing the public attention which displays the business, entertainment, profession, or service offered at a location other than the premises on which the sign is located.

AWNING, CANOPY, OR MARQUEE SIGN: Any sign made of cloth or other nonrigid material attached to and projecting from a building and including structures which are fixed or so erected as to permit their being raised or retracted to a position against the building when not in use.

BANNER SIGN: A temporary sign made of cloth, paper, or plastic attached to a pole or building, such not exceeding six (6) feet in horizontal length and twelve (12) feet in vertical height as measured from the ground.

BUSINESS SIGN: A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

CHANGEABLE COPY SIGN: A sign in which a message board can be changed manually or automatically.

CONSTRUCTION SIGN: A temporary sign on the premises on which construction is taking place indicating the name of a contractor or other firms assisting with the project.

DEVELOPMENT SIGN: A temporary sign on the premises on which construction is taking place indicating the sale, lease, or rental of lots or units within a residential, commercial, or industrial development.

EVENT SIGN: A temporary sign indicating the location and/or time of an event.

FREESTANDING SIGN: A sign that is supported by one or more braces, poles, or uprights and is not attached to any building.

GOVERNMENT SIGN: A sign located either on premises or off premises indicating necessary information required by state, local, or federal statute or ordinance.

HOME OCCUPATION SIGN: A temporary sign containing only the name and occupation of a permitted home occupation.

ILLUMINATED SIGN: A sign in which the characters, letters, or figures are illuminated by artificial or natural light, is maintained stationary and constant in intensity and color at all times when such sign is in use, and may contain electronically changing messages.

INFLATABLE SIGN: A sign which is attached to or painted on a device which can be inflated.

MEMORIAL SIGN: A temporary sign or statue helping to remember a person or event.

MONUMENT SIGN: A ground mounted detached freestanding sign that sits low to the ground and incorporates architectural detailing.

NAMEPLATE SIGN: An on premises nonelectric sign identifying only the name and occupation or profession of the occupant on which the sign is located.

NEON SIGN: A sign made of glass tubing, which is electrified to cause fluorescent agents to glow in various colors.

POLITICAL SIGN: A temporary sign supporting political candidates for local, county, state, or national elections.

PORTABLE SIGN: A temporary sign not affixed to a building that can be moved from site to site.

PRIVATE PROPERTY SIGN: A sign mounted to a building or permanent object affixed to the ground that identifies an area or areas on a lot that are not to be trespassed on or to be used for dumping objectionable commodities.

PROJECTING SIGN: A sign mounted or attached to a building or wall projecting at least twelve inches (12") from the building or wall.

REAL ESTATE SIGN: A temporary sign indicating the sale, lease, or rental on the premises on which it is located.

ROOF SIGN: A sign mounted or attached to a roof of a building.

SIGN: An outdoor advertising that is a structure or that is attached to or painted on a building or that is leaned against a structure or displayed on a premises.

SIGN AREA: The gross surface area within the sign frame, exclusive of the frame or support structure. The sign area of a sign with back to back faces shall be computed using only one face. The sign area of a multiple faced sign or an irregular shaped sign shall be computed on the basis of the gross surface area of each face.

SUBDIVISION IDENTIFICATION SIGN: A monument sign identifying a subdivision, apartment, or other multi-family residential complex.

TEMPORARY SIGN: A sign which is only intended to be displayed for a short period of time.

UNIFIED CENTER IDENTIFICATION SIGN: A sign identifying the name of a shopping center and may include the identities of one or more of the businesses located within the development.

WALL SIGN: A sign mounted to, attached to, or painted on an exterior wall of a building.

WINDOW PROMOTIONAL SIGN: A sign attached to the inside of a window that is visible from the exterior of a building.

YARD, GARAGE, RUMMAGE SALE, OR OPEN HOUSE SIGN: A temporary sign located either on premises or off premises indicating the location and hours of a yard sale, garage sale, rummage sale, or open house. (Ord. 2009-14, 5-13-2009; amd. Ord. 2022-37, 11-17-2022)

   A.   Permit Required: No sign shall be constructed, erected, originally painted, converted, altered, rebuilt, enlarged, remodeled, relocated, or expanded until a permit for such sign has been obtained in accordance with the standards and procedures set forth by the village. No sign shall be installed before a permit is issued.

   B.   Application For Permit: The applicant shall file an application for a sign permit with the zoning enforcement officer, accompanied by a filing fee to be established by the village board. The application shall contain the following requirements:

      1.   The names, addresses, and phone numbers of the applicant, owner, and person or firm erecting the sign.

      2.   Location of the building or structure for which the sign is proposed.

      3.   A drawing of the proposed sign, to scale, indicating height, dimensions, wording, and elevation and which shall state specifically the type of sign, location on the lot, and any landscaping of a freestanding sign base. The drawing should show the entire lot complete with setbacks to all property lines, existing building footprint, signs, north arrow, and scale.

   C.   Review Of Application; Approval Or Denial: The zoning enforcement officer shall review the sign permit application to determine whether it complies with all of the applicable regulations of this chapter. The zoning enforcement officer shall decide whether the sign permit application shall be granted or denied as it relates to the standards and the purposes of the sign classifications of the village.

   D.   Expiration Of Permit; Extensions: All sign permits issued for permanent signs shall expire, without further action by the village or its representatives, on the ninety first day following the date of issuance of the permit. The zoning enforcement officer may grant up to an additional ninety (90) days for a permit to be valid, in his/her sole discretion, based upon the particular reasons for the request and the factors particular to the permit. This subsection does not apply to temporary sign permits issued under section 10-15-9 of this chapter. (Ord. 2009-14, 5-13-2009)

   E.   Inspections: All signs shall be inspected by the zoning enforcement officer to ensure compliance with the application filed with the village. (Ord. 2009-14, 5-13-2009; amd. 2013 Code)

   F.   Exemptions From Permit:

      1.   A sign permit is not required for minimal alterations to an existing sign, regular maintenance, or painting, provided the content of the sign is not altered.

      2.   The following signs shall not require a permit to erect a sign:

         a.   Temporary construction signs:

            (1)   A sign shall not exceed a sign area of sixteen (16) square feet, except in cases where the architect, engineer, and contractor(s) are designated on a single sign, and such single sign shall not exceed forty (40) square feet in area.

            (2)   No temporary construction sign shall be more than six feet (6') above grade level.

            (3)   Such signs shall be removed before the structure(s) is occupied.

         b.   Temporary yard, garage, or rummage sale signs:

            (1)   The total gross surface area shall not exceed six (6) square feet per lot or three (3) square feet per sign.

            (2)   Signs shall not be erected more than three (3) days prior to an event, and shall be removed within one day following the event. Further, signs shall not be erected for greater than three (3) consecutive days, and the property owner(s) is limited to four (4) periods of such signage in a calendar year.

            (3)   Signs shall not be more than four feet (4') above grade level.

            (4)   Signs may only be displayed on private property with the owner's consent.

         c.   Temporary political signs:

            (1)   The total gross surface area shall not exceed thirty two (32) square feet per sign.

            (2)   Signs may only be located on private property with the owner's permission.

            (3)   Signs are allowed only during the period beginning forty five (45) days before the election and ending seven (7) days after the election.

            (4)   Political signs shall be limited to not more than one sign per candidate or issue per lot.

         d.   Temporary real estate and open house signs:

            (1)   One sign is permitted per interior lot.

            (2)   Two (2) signs are permitted per corner lot, provided there is only one sign per street frontage.

            (3)   Signs shall not exceed a sign area of six (6) square feet per sign.

            (4)   Signs shall be removed within seven (7) days of the sale or lease of the premises upon which the sign is located.

            (5)   Signs shall not be illuminated.

         e.   Temporary portable signs:

            (1)   One sign is permitted per establishment in the C-1, C-2, and C-3 districts.

            (2)   Signs shall not exceed a sign area of eight (8) square feet per sign.

            (3)   No sign shall be more than four feet (4') above grade level.

            (4)   For the C-2 and C-3 districts, signs shall only advertise the business, entertainment, profession, or service offered, and the sign must be located on the premises. For the C-1 district, the sign can only advertise the business, entertainment, profession, or service offered, and the location of the sign must be on the premises or directly in front of the main entrance of the premises.

            (5)   Signs shall only be permitted during the operating hours of the establishment. However, signs located on private property may remain in place during non-operating hours unless determined to be a safety hazard by the zoning enforcement officer. If a sign is located on private property other than that owned by the establishment, permission of the owner must be obtained. If the sign is located on village property or right of way, written permission of the zoning enforcement officer must be obtained as to location and appearance.

            (6)   Signs shall not be illuminated.

            (7)   Signs shall be removed upon order of the zoning enforcement officer if determined to be a safety and/or traffic hazard.

            (8)   Vendors/peddlers located on a lot shall be allowed one sign unless located on a corner lot, in which case, two (2) signs shall be allowed. The zoning enforcement officer shall have the right to specify the location of the sign(s) if necessary for public safety. Signs shall be allowed for the duration of a vendor/peddler permit.

            (9)   Any sign which does not meet the criteria contained in this subsection F2e shall require a special use permit pursuant to section 10-15-8 of this chapter.

         f.   Commemorative plaques located on designated historical or other similar properties.

         g.   Government or municipal signs pertaining to necessary signs directed by any statute or ordinance.

         h.   Private property signs not exceeding a sign area of one and one-half (11/2) square feet and not more than four (4) signs per lot.

         i.   Signs within completely enclosed buildings and not visible from the outside of the building.

         j.   Home occupation signs not exceeding a sign area of two (2) square feet per lot and not illuminated and mounted flat against the wall of the principal building.

         k.   Nameplate signs not exceeding a sign area of one square foot per lot.

         l.   Temporary inflatable signs permitted in the C-3 district and subject to the provisions provided in subsection 10-15-7H of this chapter. (Ord. 2009-14, 5-13-2009; amd. Ord. 2010-09, 4-14-2010; 2013 Code; Ord. 2022-37, 11-17-2022)

   A.   Illumination:

      1.   All illuminated signs shall be designed so as to reflect light away from a residential district. Illuminated signs located on a lot adjacent to any residential district shall not be operated between the hours of eleven o’clock (11:00) P.M. and seven o’clock (7:00) A.M. In the event the premises on which the sign is specifically operating is engaged in the operation of its business, this requirement shall not apply.

      2.   No illuminated sign shall cause a traffic hazard for any passing motorists. The sign shall not interfere with a driver’s ability to see approaching, merging, or intersecting traffic. All illuminated signs shall concentrate the illumination upon the area of the sign and shall minimize glare upon the street or adjacent property.

      3.   The level of illumination shall not be more than fifty (50) foot-candles measured perpendicular to the sign face at a distance equal to the narrowest dimension of such sign face.

      4.   Changeable copy signs (manual or automatic) advertising a product, service, or event are permitted as long as the sign message is not changed more than twice during a twenty-four (24) hour period, the message remains depicted for a minimum of six (6) seconds, the sign is attached to the primary sign, and a Special Use is granted. The gross surface area of the changeable copy sign shall be considered part of the total permitted sign area for the district in which the sign is located. A permit shall not be required to change the copy on a message board. A changeable copy sign for a public governmental entity does not require a Special Use.

      5.   No flashing or blinking signs or continuously scrolling messages shall be permitted, unless a Special Use is granted. Unless otherwise stated, all illuminated signs shall give off an illumination which is not intermittent and which is kept stationary or consistent in color.

      6.   All illuminated signs shall be subject to the provisions of the national electrical code.

   B.   Location:

      1.   No freestanding sign shall be located closer than twenty five feet (25') from any other sign located on another lot. No freestanding sign shall be located closer than one hundred fifty feet (150') from any other sign located on the same lot.

      2.   No sign shall be located closer than ten feet (10') from any public right of way.

      3.   No sign shall be erected within twenty feet (20') of any line conductors, service drops or power lines without the consent of the power company.

      4.   All signs or advertising structures shall be located on the premises for which the sign is advertising, with the exception of billboards according to subsection 10-15-8A of this chapter.

      5.   Signs or advertising structures shall not be located on or project over the roof of a structure.

      6.   Signs shall not be painted directly on the wall of any structure except as permitted in Section 10-15-7C.

      7.   Signs or advertising structures that require the use of hoisting machines over the sidewalk shall require, for the protection of the public, the sidewalk to be roped off during the work in question. Under no circumstances, when work is being done pursuant to this chapter, shall any hoisting machine be permitted to occupy the sidewalk area.

      8.   Signs shall not be permitted which prevent free ingress or egress from any door, window or fire escape. No signs of any kind shall be attached to a standpipe or fire escape.

      9.   a.   Signs or other advertising structures shall not be placed in a public right of way; however, projecting signs and awnings for marquees, when approved by the village board, may overhang a public sidewalk, but shall have a minimum of eight feet (8') vertical clearance above the walk and have a minimum of three feet (3') horizontal clearance from the face of the curb or edge of the roadway.

         b.   Signs or other advertising structures shall not be erected in such a location where pedestrian/vehicle conflicts occur.

         c.   Signs or other advertising structures shall not be erected at the intersection of any street or in such a manner as to distract or obstruct the visibility of traffic signs or signals or the flow of traffic.

         d.   Signs or other advertising structures shall not be so worded, phrased or lighted in such a manner as to interfere with, mislead, or confuse traffic.

   C.   Electrical Components: All signs in which electrical wiring and connections are required shall not endanger the health and safety of the public and shall be subject to the provisions of the national electrical code.

   D.   Structural Components: All signs and the corresponding structural components shall not endanger the health and safety of the public. Fire resistant material shall be used, and all letters and figures shall be securely attached to the sign structure.

   E.   Height:

      1.   The bottom of every awning, canopy, or marquee shall be at least eight feet (8') above grade level. Any sign shall have a minimum of three feet (3') horizontal clearance from the face of the curb or edge of roadway.

      2.   Any freestanding sign located within fifteen feet (15') of a public right of way shall have a clearance between three feet (3') and eight feet (8') above grade level.

      3.   Any freestanding sign located within thirty feet (30') of a lot corner formed by an intersection of any two (2) or more streets shall have a clearance between three feet (3') and eight feet (8') above grade level.

      4.   The height of each sign shall conform to the regulations provided within each district in which the sign is located.

   F.   Maintenance:

      1.   The owner of a sign, whether or not a permit is required, shall be required to maintain the sign in good structural and material condition, as determined by the zoning enforcement officer. The sign and sign supports must be regularly painted to prevent rust and corrosion.

      2.   The area around the sign, including any landscaping, shall be kept free of debris and weeds and shall not obstruct the view of traffic.

      3.   Any sign not maintained in compliance with these standards may be ordered to be removed by the zoning enforcement officer.

   G.   Landscaping: All permanent freestanding signs shall contain and be located within a landscaped area. A minimum of one square foot of landscaping area shall be required for every two (2) square feet of sign area, with a minimum of thirty (30) square feet of landscaping per freestanding sign. The proposed landscaping shall be submitted with the sign permit application. (Ord. 2009-14, 5-13-2009; amd. 2013 Code; Ord. 2022-37, 11-17-2022)

The following signs are prohibited in all districts in the village:

   A.   Abandoned signs which have not been in use for a period of ninety (90) days, regardless of the intent to resume or not to abandon such use. Such signs shall be removed within ten (10) days of the determination that the sign is abandoned. (Ord. 2009-14, 5-13-2009; amd. 2013 Code)

   B.   Flashing or blinking signs, except as provided in this chapter.

   C.   Portable signs, except as permitted in the C-1 district.

   D.   Roof signs.

   E.   Signs displaying indecent, immoral, or obscene matter.

   F.   Signs displaying words or phrases which may confuse or interfere with pedestrian and vehicular traffic.

   G.   Signs attached to a tree, utility pole, fire hydrant, or other objects located on or projecting over public property, with the exception of private property signs.

   H.   Signs that, because of poor maintenance, structure, or disrepair, are deemed unsafe.

   I.   Permanent signs which must be inflated.

   J.   Signs mounted or affixed to vehicles and/or trailers which are parked so as to be visible from a public right of way where the apparent primary purpose is to advertise a product or direct people to a business activity located on the same or nearby property. (Ord. 2009-14, 5-13-2009)

The following signs are permitted in the R-1, R-2, R-3, and R-R districts:

   A.   Exempt Signs: Exempt signs not requiring a permit subject to the provisions provided in subsection 10-15-3F of this chapter.

   B.   Monument Subdivision Identification Signs:

      1.   Multiple-family residential complexes containing at least six (6) residential units shall be allowed one freestanding monument sign.

      2.   Lettering shall not be more than one foot (1') in height and shall only indicate the address and name of the building, complex, or neighborhood.

      3.   No subdivision identification sign shall exceed twenty four (24) square feet in sign area.

      4.   No subdivision identification sign shall be more than six feet (6') above grade level.

      5.   All signs shall be at least eight feet (8') from the front, side, or rear lot lines.

      6.   As a condition of constructing and installing a subdivision identification sign, the developer or a duly established homeowners' association for said subdivision shall own and maintain the sign. They shall execute an agreement acceptable to the village board providing for such maintenance. Failure of developer or homeowners' association to satisfactorily follow such agreement shall constitute grounds for the village to cause the sign's removal.

   C.   Noncommercial Signs:

      1.   All signs shall be at least eight feet (8') from the front, side, or rear lot lines.

      2.   Only one freestanding or attached sign shall be allowed per lot.

      3.   A single freestanding or attached sign shall not exceed eight (8) square feet in gross surface area.

      4.   No freestanding noncommercial sign shall be more than six feet (6') above grade level. (Ord. 2009-14, 5-13-2009)

A commercial or industrial establishment may incorporate one awning, canopy, or marquee sign or one wall or projecting sign in the C-1 district. A commercial or industrial establishment may incorporate one awning, canopy, or marquee sign or one wall sign and one freestanding sign or one monument sign in the C-2, C-3, I-1, and I-2 districts. A minimum of twelve (12) square feet of attached or freestanding signs shall be maintained for all establishments. The following signs are permitted within the C-1, C-2, C-3, I-1, and I-2 districts:

   A.   Exempt Signs: Exempt signs not requiring a permit subject to the provisions provided in subsection 10-15-3F of this chapter.

   B.   Awning, Canopy, Or Marquee Business Signs:

      1.   One awning, canopy, or marquee business sign shall be permitted per establishment.

      2.   In the C-1 and C-2 districts, no sign shall exceed fifty (50) square feet in sign area or one square foot per each one foot (1') of frontage, whichever is less. In the C-3, I-1, and I-2 districts, no sign shall exceed one hundred (100) square feet or one square foot per each one foot (1') of frontage, whichever is less.

      3.   Each sign shall be at least eight feet (8') above grade level and shall not exceed twenty feet (20') above grade level.

      4.   No sign may extend over a public street or thoroughfare and shall not extend farther than six feet (6') from the wall.

   C.   Wall Business Signs:

      1.   One wall business sign shall be permitted per establishment. If a property is located on a corner lot, one wall business sign shall be permitted per each side fronting a public street.

      2.   No wall business sign shall exceed one hundred twenty (120) square feet in gross surface area or one square foot of sign area per each one foot (1') of building frontage, whichever is less.

      3.   No sign shall exceed twenty feet (20') above grade level.

      4.   All signs to be attached shall be affixed firmly to the wall and may not extend over the top or ends of the wall more than eighteen inches (18") from which they are affixed. All signs to be painted on the exterior wall of the establishment must be painted only on the sides of the building facing a public right-of-way and are subject to the maximum square footage requirements of this Title and shall require a Special Use.

      5.   A sign shall display only the name and information pursuant to the business conducted on the single user lot.

      6.   Signs may be illuminated subject to the provisions provided in subsection 10-15-4A of this chapter.

   D.   Projecting Business Signs:

      1.   One projecting business sign shall be permitted per establishment. If a property is located on a corner lot, one projecting business sign shall be permitted per each side fronting a public street.

      2.   No projecting business sign shall exceed forty (40) square feet in gross surface area or one square foot of sign area per each one foot (1') of building frontage, whichever is less.

      3.   No sign shall exceed twenty feet (20') above grade level.

      4.   All signs shall be affixed firmly to the wall and shall be at least eight feet (8') above grade level.

      5.   A sign shall display only the name and information pursuant to the business conducted on the single user lot.

      6.   The sign shall be extended at a ninety degree (90°) angle from the facade of the structure and shall not be extended more than four feet (4') from the structure.

      7.   Signs may be illuminated subject to the provisions provided in subsection 10-15-4A of this chapter.

   E.   Freestanding Business Signs:

      1.   One freestanding business sign shall be permitted per establishment in the C-2, C-3, I-1, and I-2 districts. In commercial and industrial districts where properties abut two (2) or more streets, two (2) freestanding signs are permitted. All freestanding signs shall be at least one hundred fifty feet (150') apart from signs located on the same premises. Freestanding signs are not permitted in the C-1 district.

      2.   No freestanding business sign shall exceed one hundred (100) square feet or one square foot of sign area per each one foot (1') of building frontage, whichever is less.

      3.   No sign shall exceed fifteen feet (15') above grade level in the C-2, I-1, and I-2 districts or twenty feet (20') above grade level in the C-3 district.

      4.   Changeable (manual or automatic) copy is permitted on freestanding signs only after approval by the zoning enforcement officer. Such copy may not exceed one-half (1/2) of the permitted total sign area.

      5.   Signs may be illuminated subject to the provisions provided in subsection 10-15-4A of this chapter.

   F.   Monument Business Signs:

      1.   One monument business sign shall be permitted per lot in the C-2, C-3, I-1, and I-2 districts. In commercial and industrial districts where properties abut two (2) or more streets, two (2) monument business signs are permitted per each side fronting a public street. Monument signs are not permitted in the C-1 district.

      2.   No monument business sign shall exceed seventy five (75) square feet or one square foot of sign area per each one foot (1') of building frontage, whichever is less. In cases where two (2) monument signs are permitted, the aggregate sign area shall not exceed one hundred fifty (150) square feet.

      3.   No sign shall exceed ten feet (10') above grade level. No sign shall interfere with the visibility of passing motorists.

      4.   All monument signs shall be securely attached to the ground.

      5.   Whenever possible, monument signs should incorporate similar materials of the surrounding buildings and signs.

      6.   Signs may be illuminated subject to the provisions provided in subsection 10-15-4A of this chapter.

   G.   Unified Center Identification Signs:

      1.   One unified center identification sign shall be permitted for all joint commercial developments of at least three (3) acres in the C-3 district, not including the permitted signs for the individual business signs located within the development. All unified center identification signs shall be at least one hundred fifty feet (150') from any other freestanding signs.

      2.   The unified center identification sign shall only identify the name and location of the development, though the identities of the individual businesses located within the development may be shown if the sign area of the individual business signs is not more than half of the sign area of the unified center identification sign.

      3.   No unified center sign shall exceed one hundred twenty (120) square feet or one square foot of sign area per each one foot (1') of building frontage, whichever is less.

      4.   No sign shall exceed fifteen feet (15') above grade level. No sign shall interfere with the visibility of passing motorists.

      5.   Unified center identification signs shall be monument signs. Whenever possible, unified center identification signs should incorporate similar materials of the surrounding buildings and signs.

      6.   Signs may be illuminated subject to the provisions provided in subsection 10-15-4A of this chapter.

   H.   Temporary Inflatable Signs:

      1.   One temporary inflatable sign shall be permitted per lot in the C-3 district. (Ord. 2009-14, 5-13-2009)

      2.   No sign shall exceed a sign area of thirty (30) square feet. The device on which the sign is attached shall not exceed an area of one hundred fifty (150) square feet. (Ord. 2009-14, 5-13-2009; amd. 2013 Code)

      3.   Such signs shall not be erected more than twenty four (24) hours prior to an event or advertised sale and shall be removed within twenty four (24) hours following an event or advertised sale. Such signs shall only be erected for a total of ten (10) days per event or advertised sale.

      4.   No sign or inflatable device shall exceed twenty feet (20') above grade level.

      5.   Only two (2) signs shall be permitted per lot per year.

      6.   All inflatable devices shall be affixed firmly to the ground or to a pole and shall not interfere with the public's health and safety.

   I.   Banner Signs:

      1.   Up to three (3) single-pole banner signs, not to exceed six feet (6') in horizontal length and twelve feet (12') in vertical height as measured from the ground, are permitted on private property in the C-1, C-2, and C-3 Districts, except for locations in the C-1 District, located on Mill Street, in which only one (1) single-pole banner sign is permitted. They can only advertise the business, products, and/or services offered on the site. The zoning enforcement officer has the authority to remove or cause to be moved any banner sign that he/she deems, in his/her sole discretion, to be a safety hazard.

      2.   Applicants seeking a permit for a banner sign in the C-1, Central Business District, (Section 10-8A-3), or in C-2, General Commercial District, (Section 10-8B-3), and the C-3, Highway Commercial District, (Section 10-8C-3), may seek an Administrative Variance as to the number permitted. Administrative Variances shall require the same application and all standards and requirements of this ordinance shall apply. An Administrative Variance is to be granted only by the zoning enforcement officer, or his/her designee in his/her absence, with any restrictions or conditions he/she deems appropriate. If the zoning enforcement officer, or his/her designee fails to approve any application within fifteen (15) days of its receipt by the Village, then it is deemed denied and the Applicant may seek a variance from the Planning Commission and Village Board of Trustees.

The granting of an Administrative Variance shall not be considered a precedent for future Applicants as such determination is made on a case-by-case basis. (Ord. 2009-14, 5-13-2009; amd. Ord. 2022-37, 11-17-2022)

The following signs require the approval of a special use permit subject to the provisions provided in chapter 10 of this title and this section:

   A.   Advertising Signs/Billboards:

      1.   Location:

         a.   Advertising signs/billboards shall only be permitted on lots in the C-3 and I-2 districts.

         b.   No sign shall be located closer than fifteen feet (15') from any public right of way.

         c.   No sign shall be located closer than two hundred fifty feet (250') from any residential district, public park, or recreation area.

         d.   No sign shall be located closer than one thousand feet (1,000') of another advertising sign/billboard.

         e.   No sign shall be located closer than two hundred feet (200') of any on premises freestanding sign.

         f.   No sign shall be located closer than one hundred feet (100') of any intersection of two (2) or more streets.

      2.   Number: Only one advertising sign/billboard shall be permitted per lot.

      3.   Size: No advertising sign/billboard shall exceed two hundred (200) square feet in area.

      4.   Height: No sign shall exceed twenty feet (20') above grade level.

      5.   Supporting Structures: All signs shall be firmly attached by braces, poles, or uprights, and shall not be attached to a wall or roof.

      6.   Illumination: Signs may be illuminated subject to the provisions provided in subsection 10-15-4A of this chapter.

   B.   Signs Painted On Walls: Signs painted directly on the walls of any structure.

   C.   Temporary Signs: Temporary signs to be erected without the fourteen (14) days' elapse period set forth in subsection 10-15-9F8 of this chapter.

   D.   Freestanding Signs In C-1 District: A freestanding or monument sign in the C-1 district. (Ord. 2009-14, 5-13-2009; amd. 2013 Code; Ord. 2022-37, 11-17-2022)

   A.   Conflicting Provisions: If the regulations of this section are in conflict with any other provision of this title, the regulations of this section shall take precedence.

   B.   Application Of Provisions: Temporary signs shall be subject to the provisions provided within this section.

   C.   Safety Requirements: All temporary signs shall be erected and maintained in a safe manner.

   D.   Location: No temporary sign with a height of at least four feet (4') and not exceeding six feet (6') shall be located closer than ten feet (10') of a public right of way and shall not extend above or beyond any street, alley, sidewalk, or other public thoroughfare, with the exception of temporary banner signs only after approval from the zoning enforcement officer. No temporary sign with a height of less than four feet (4') shall be closer than five feet (5') of a public right of way. (Ord. 2009-14, 5-13-2009)

   E.   Auctions Events:

      1.   Auctioneers are obligated to register an auction event with the village clerk at least seven (7) days in advance of the sale.

      2.   Adequate parking must be available or arrangements must be made for traffic control, as approved by the police department.

      3.   Each auction shall be allowed signage pursuant to subsection F of this section. (Ord. 2010-09, 4-14-2010)

   F.   Temporary Event Signs:

      1.   Temporary event signs include, but are not limited to, banner signs and are signs not having a permanent foundation.

      2.   Signs are permitted for an event only after approval from the zoning enforcement officer.

      3.   Each event is allocated two (2) on or off premises event signs.

      4.   The total gross surface area of all event signs on a lot shall not exceed two hundred (200) square feet.

      5.   A single event sign shall not exceed one hundred (100) square feet in gross surface area.

      6.   No temporary event sign shall be more than four feet (4') above grade level.

      7.   An event sign shall be limited to being erected thirty (30) days prior to an event, and such sign shall be removed within two (2) days following an event.

      8.   A minimum of fourteen (14) days must elapse before another event sign is issued, absent petition for and obtaining a special use permit.

      9.   In a shopping center, no more than one event sign shall be allowed at any one time.

      10.   If on premises, the display contained on any event sign shall pertain only to the business, industry, and pursuit conducted on the lot on which it is located.

      11.   Event signs may be illuminated consistent with the illumination requirements of this chapter.

   G.   Temporary Development Signs:

      1.   A permit for a development sign may be issued in connection with:

         a.   Residential projects of six (6) or more dwelling units.

         b.   Commercial areas of three (3) acres or more.

         c.   Industrial areas of ten (10) acres or more.

      2.   One sign shall be allowed on the project site, and one directional sign shall be allowed off site.

      3.   The sign shall not exceed one hundred twenty eight (128) square feet in gross surface area.

      4.   After such time when seventy five percent (75%) of the project is occupied or within five (5) years from the beginning date of project construction, whichever is first, the sign shall be removed. The zoning enforcement officer may extend the amount of time a temporary development sign is valid after discussion with the property owner(s).

      5.   Development signs shall not be illuminated.

   H.   Temporary Banner Signs:

      1.   A new business may advertise the business on the premises by placing one banner sign on the premises for up to ninety (90) days from issuance of a permit by the zoning enforcement officer. The temporary banner sign cannot be greater than twenty five (25) square feet.

      2.   For purposes of this section, a "new business" is one applying for the temporary banner sign within one hundred twenty (120) days of applying for the business's first village business license.

      3.   The zoning enforcement officer may allow the temporary banner sign to remain for an additional ninety (90) days upon request of the applicant. The zoning enforcement officer shall base the decision on the particular reasons for the request and the factors particular to the specific business.

      4.   Temporary banner signs shall be removed upon order of the zoning enforcement officer if determined to be a safety and/or traffic hazard.

      5.   Any temporary banner sign which does not meet the criteria contained herein may seek a special use permit pursuant to section 10-15-8 of this chapter. (Ord. 2009-14, 5-13-2009)

   A.   Justification For Variance: When a property owner or his agent shows that a strict application of the terms of this chapter relating to the use, construction, or alteration of signs imposes upon him practical difficulties or particular hardship in that a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter, the property owner or agent may apply for a sign variance. The burden of proof lies on the applicant to clearly establish that a sign variance is necessary.

   B.   Application For Variance: An application for a sign variance shall be made as follows:

      1.   Filing Application; Fee: The applicant shall file an application for a sign variance with the village clerk accompanied by a filing fee to be established by the village board.

      2.   Contents:

         a.   The application shall set forth the facts and details concerning the proposed sign variance and shall have attached thereto a diagram or plan showing the result the proposed sign variance would have on the subject property and surrounding properties.

         b.   (1) The application shall contain the following requirements:

               (A) The names, addresses, and phone numbers of the applicant, owner, and person or firm erecting the sign.

               (B) Location of the building or structure for which the sign is proposed.

               (C) A drawing of the proposed sign, to scale, indicating height, dimensions, wording, and elevation and state specifically the type of sign, location on the lot, and any landscaping of a freestanding sign base. The drawing should show the entire lot complete with setbacks to all property lines, existing building footprint, signs, north arrow, and scale.

               (D) A statement indicating the need for the sign variance.

            (2)   These requirements may be waived if the application is part of a new sign installation, as each of these requirements is necessary for a sign permit.

      3.   Date Of Filing: The application shall be filed prior to the date the notice of hearing specified has been published in the local newspaper.

   C.   Date Of Hearing; Notice And Costs: The village planning commission, through its chairperson, shall set a regular date, time, and place for a public hearing on the application and shall inform the applicant of the same. The chairperson has the option of changing the time and/or date if there is a conflict with other meetings held concurrently at the village hall. The applicant shall pay for all associated costs. Notice of the public hearing of the petitioner's application is to be given in the following manner:

      1.   By publishing the notice of the date, time, and place of such hearing in a paper of general circulation in the village at least fifteen (15), but not more than thirty (30), days prior to the hearing.

      2.   By causing the notice to contain the particular location for which the variance is requested as well as a brief statement describing the proposed variance. The legal description shall, in addition to the required metes and bounds or lot and block description, contain a simple description of the property as to area and location of such a nature to enable the ordinary reader to accurately locate such property.

      3.   The petitioner shall post a sign on the property that is subject to the variance at least ten (10), but not more than thirty (30), days prior to the hearing. The village will supply a sign upon payment by the petitioner of a fifty dollar ($50.00) deposit. The sign shall be displayed in a prominent location on the property until the conclusion of the hearing. The village reserves the right to specify the location on the property of the placement. The deposit shall be returned to the petitioner upon return of the sign in the same condition as it was issued.

   D.   Public Hearing; Review And Decisions:

      1.   Hearing:

         a.   No sign variance in any case shall be made by the planning commission without a public hearing by the commission as required herein, and every report shall be accompanied by findings of fact specifying the reasons for the reported actions.

         b.   The planning commission shall review the application, the recommendation of the zoning enforcement officer, and the testimony at the public hearing and shall grant the sign variance, grant the sign variance requested subject to specified conditions, or deny the sign variance.

      2.   Planning Commission Findings Of Fact: Before any sign variance is granted, the planning commission must make findings of fact that all of the following conditions are shown to be present:

         a.   The variance is required due to exceptional and unique circumstances peculiar to the property and not from general neighborhood or villagewide conditions.

         b.   The sign requested by the variance would not alter the essential character of the locality.

         c.   The variance would not grant more relief than necessary to alleviate the alleged hardship.

         d.   The variance would not allow the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot.

         e.   Result in a use or development of the subject lot that would not be in harmony with the general and specific purposes of this chapter or the general purpose and intent of the village comprehensive plan.

   E.   Conditions Of Variance: In granting a sign variance, the planning commission may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this chapter. Violation of any of these conditions or safeguards shall be deemed a violation of this chapter.

   F.   Appeals; Village Board Action:

      1.   If the planning commission denies the sign variance, the applicant may file an appeal with the village clerk or village board within twenty (20) days of the action appealed. All of the appeals shall be in accordance with the regulations of section 10-3-5 of this title.

      2.   In granting a sign variance, the board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this chapter. Violation of any of these conditions or safeguards shall be deemed a violation of this chapter.

      3.   Failure to act on a petition by the village board within sixty (60) days of filing shall be considered a denial unless otherwise mutually agreed to by the parties. (Ord. 2009-14, 5-13-2009)

   A.   Subject to the limitations and termination provisions hereinafter set forth, any lawful existing nonconforming sign may be continued so long as it otherwise remains lawful after the effective date hereof.

   B.   1. No nonconforming sign shall be:

         a.   Changed or altered in shape, size, or content which would increase the degree of its nonconformity due to a change in the nature or name of the business conducted on the premises.

         b.   Expanded.

         c.   Changed or altered to prolong its useful life; except, that routine maintenance and painting is allowed, provided the content of the sign is not altered.

         d.   Moved in whole or in part to any other location where it would remain nonconforming.

      2.   Any nonconforming sign that meets any of the criteria set out in subsection B1 of this section shall be subject to the provisions of this title.

   C.   Should any nonconforming sign be damaged to at least fifty percent (50%) of its replacement cost, the sign shall not be replaced except according to the provisions of this title, and there shall be application for a sign permit.

   D.   All on site or off site nonconforming signs not otherwise prohibited by the provisions of this chapter shall be removed or altered to conform to the provisions of this chapter if they interfere with the public health, safety, and welfare. (Ord. 2009-14, 5-13-2009)

   A.   Discontinued Signs:

      1.   In the event the owner of a sign discontinues business at the place where the sign is located, the sign shall be removed at the expense of the sign owner or property owner within ten (10) days after such discontinuance. (Ord. 2009-14, 5-13-2009)

      2.   In the event said sign is not removed within ten (10) days, the zoning enforcement officer shall cause the sign to be removed. (Ord. 2009-14, 5-13-2009; amd. 2013 Code)

      3.   The expense of the removal shall be borne by the owner of the sign or the property owner, or the village shall have the right to place a lien against the property for the cost of said removal.

      4.   The sign shall not be again erected unless a permit is issued for the new installation. (Ord. 2009-14, 5-13-2009)

   B.   Prohibited Dangerous Signs; Signs Without A Permit: The zoning enforcement officer shall cause the immediate removal of any sign that endangers the public safety, any sign that is electrically or structurally defective, or any sign for which no permit has been issued, or any sign for which a permit is denied if installation has commenced. (Ord. 2009-14, 5-13-2009; amd. 2013 Code)

   C.   Vacant Property; Obsolete Signs:

      1.   Any sign or advertising structure which is located on property which becomes vacant and/or unoccupied or any sign which pertains to a time, event, or purpose which no longer applies shall be removed by the property owner. (Ord. 2009-14, 5-13-2009)

      2.   Upon determination of the need for removal, the zoning enforcement officer shall provide written notification stating that removal must take place within thirty (30) days upon receipt of such notice. (Ord. 2009-14, 5-13-2009; amd. 2013 Code)

      3.   Failure to comply with such notice within the time specified will cause removal of the sign. The expense of removal shall be borne by the owner of the sign and/or the property owner. (Ord. 2009-14, 5-13-2009)

      4.   Upon removal of a sign by the village, the owner shall be notified in writing by the zoning enforcement officer of the right to reclaim the sign. The sign shall be returned upon payment of any fines/permit fees owing. If the sign is not reclaimed within thirty (30) days of the date of the notice by the zoning enforcement officer, it shall be considered abandoned, and the village may dispose thereof in any manner deemed appropriate. (Ord. 2010-09, 4-14-2010)