There is a significant relationship between the manner in which signs are displayed and public safety and the value and economic stability of adjoining property. The reasonable display of signs is necessary as a public service and to the conduct of competitive commerce and industry. The regulations in this section establish minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this ordinance.

Any sign already established on the effective date of this ordinance, and which sign is rendered nonconforming by the provisions herein, and any sign which, as a result of subsequent amendments hereto, shall be rendered nonconforming, shall be subject to the regulations of Article IX, [section] 901.6. Obsolete and Nonconforming Signs.

901.1

Exceptions: The provisions of this ordinance shall not apply to the following:

1.

Non-flashing and fixed signs not visible beyond the boundaries of the lot or parcel upon which they are situated or from any public thoroughfare or right-of-way.

2.

Miscellaneous traffic and other official signs of any public or governmental agency, such as railroad crossing signs, trespassing signs, signs indicating danger, or signs used as aids to service or safety.

3.

Any identification or display of any official court or public office notices thereof, or any flag, emblem or insignia of a nation, political unit, school, or religious group.

Flags displayed for non-commercial purposes shall be limited to one flagpole per zoning lot. A limit of three flags and three flagpoles shall be permitted in commercial and industrial areas.

4.

Any sign which is located completely within an enclosed building, and which sign is not visible from outside the building.

5.

Tablets, grave markers, headstones, statuary, or remembrances of persons or events that are non-commercial in nature located in established graveyards.

6.

Works of fine art when not displayed in conjunction with a commercial enterprise which enterprise may benefit direct commercial gain from such display.

7.

Temporary decorations and displays celebrating the occasion of traditionally accepted patriotic or religious holidays.

8.

Signs attached to an operable vehicle, while operated in the normal course of a business, which is not primarily the display of such signs. Signs attached to a vehicle that is regularly parked for more than 72 hours in a location conspicuously visible from a public street shall be deemed a portable sign and shall be subject to the regulations of section 901.9 of this article.

901.2

Permit exemptions: Permits shall be required for all signs allowed by this ordinance, with the exception of the following:

1.

Changing of the copy of a sign, bulletin board, poster board, billboard, display encasement, marquee, or maintenance where no structural and/or letter height changes are made, or changing of interchangeable letters on signs designated for use of interchangeable letters.

2.

Temporary, non-illuminated, real estate signs, except public notices, provided that such signs are not more than eight square feet in area and four feet in height, advertising the sale or rental of premises on which the sign is located.

3.

Temporary, non-illuminated signs erected in connection with new construction work when such signs do not exceed 16 square feet in area, limited to one for each entrance, and are displayed only during such time as the actual construction work is in progress, provided such signs are located at the site of the construction work in progress, which signs identify the architects, engineers, contractors and other individual firms involved in the construction but not any advertisement of any product, character or proposed use of the building.

4.

Private or commercial nameplate identification signs or combination nameplate and street address identification signs, or trespass signs, limited to one for each business, when such signs do not exceed four square feet. Business nameplates shall not be permitted in residential areas.

5.

Tablets without commercial advertisement, such as memorials, cornerstones, and name of building, date of erection, use of building, when built into the walls of the building.

6.

Temporary signs, not to exceed 16 square feet in area, including banners, for events of a general village wide civic or public benefit nature as may be authorized by the community development director, on the advice of the village administrator, shall be displayed no more than 21 days prior to the special occasion and removed within 48 hours after the event. A deposit, equal to the amount of permit fee charged for portable signs (Village Code, section 8-2-7, D) shall be required for the erection of each temporary sign, except for signs erected and removed on the day of the event. The village shall keep this deposit, if the Village removes the signs.

7.

Garage or rummage sale signs not exceeding two square feet in area displayed for no more than four consecutive days and no more than two signs per sale.

8.

Temporary signs, including banners, for events of an economic development nature of a new business to be established at a new location in the village; as may be authorized by the economic development director, or his designee, on the advice of the village administrator: The temporary economic development sign shall be displayed for no more than six months prior to the establishment of the business at the new location and extensions of time may be authorized by the economic development director, or his designee, on the advice of the village administrator for reasons such as delayed construction.

A temporary economic development sign, where a building may be under construction, may be authorized as a temporary ground or wall sign. The combined gross sign area of all temporary economic development signs shall not exceed one square foot of sign area, per sign face, for each five linear feet of street frontage, up to a maximum size of any one face, of a two-sided sign, of 80 square feet. To avoid interference with construction activities on site, a temporary economic development sign may be authorized with a minimum setback from a street right-of-way or other property line of 15 feet plus one foot of additional setback for each ten square feet of sign area exceeding 30 square feet. The location and construction of such temporary economic development sign shall not interfere with traffic visibility or public safety and the economic development director, or his designee, may authorize the relocation or additional construction improvements for a temporary sign as development activity may occur on a site that is under construction. All temporary economic development signs shall be removed two weeks after the business opens at the new location.

A deposit, equal to the amount of permit fee charged for portable signs (Village Code, section 8-2-7, D) shall be required for the erection of each temporary sign, except for signs erected and removed on the day of the event. The village shall keep this deposit if the village removes the sign and may also seek additional remedies to recover any further costs of removing the sign.

901.3

Location of signs:

1.

No sign shall be erected in a location prohibited by this ordinance. No sign shall be erected so as to prevent free ingress and egress from any door or window, or any other exit required by the building code of the Village of Round Lake Beach and amendments thereto, or by the applicable fire district regulations.

2.

No sign shall be attached to a utility pole, a tree, a standpipe, gutter drain, or fire escape, nor shall any sign be erected so as to impair access to a roof.

3.

Any sign in direct line of vision of any traffic signal, form any point in the traffic lane from a position opposite the near sidewalk line to a position 150 feet before said sidewalk line, shall not have red, green, or amber illumination.

4.

All outdoor advertising structures, post signs, accessory signs, or advertising statuary which are declared to be a traffic hazard by the director of community development after a recommendation from the public works director or police chief, and which do not conform to the provisions of this section, shall be relocated or rearranged in accordance with safety standards.

5.

No sign shall project higher than the height of the building when attached to the building. Roof signs are expressly prohibited.

901.4

Awnings and canopies: Signs on awnings shall be exempt from the limitations imposed by this ordinance on the projection of signs from the face of the wall of any building or structure, provided that any sign located on the awning shall be affixed flat to the surface thereof, and shall not be internally illuminated and shall indicate only the name and/or address of the establishment; provided no such sign shall extend vertically or horizontally beyond the limits of said awning, and provided further that all awnings shall maintain the following characteristics:

1.

Height: All awnings shall maintain a vertical clearance of not less than seven feet six inches above grade.

2.

Projection: No awning shall project closer to a curb line than 48 inches.

3.

Size: All signs listed outside a historical district shall not exceed 24 inches in height.

4.

Awning or canopy signs: Letters affixed to any permissible front awning or canopy are subject to the following regulations:

(a)

Lettering or letters shall not project above, below, or beyond the physical dimensions of the awning canopy, provided that a nameplate or identification sign not exceeding 12 square feet in area may be suspended from any permissible awning or canopy.

Such identification sign shall be not less than seven feet six inches above the level of the sidewalk.

(b)

The size of letters on canopies or awnings shall not exceed a maximum height of 12 inches from top to bottom and shall be faced on the descending skirt only.

901.5

Political signs: A permit shall be required for the erection of political signs upon non-residential property from either the person or organization responsible for the erection or distribution of political signs or from the owner or occupant where such signs are to be placed.

For non-residential property, political signs shall not be erected or placed thereon more than 45 days prior to the election(s) and shall be removed within seven days after the primary, general, consolidated or special election to which they refer. No political sign shall exceed 16 square feet in area.

On residential property, the display of political signs shall be allowed during any period of time in accordance with 65 ILCS 5/11-13-1, as may be amended from time to time. No political sign shall exceed 16 square feet in area on any one side, with a maximum total square footage of 32 square feet per sign.

901.6

Obsolete and nonconforming signs:

1.

Obsolete signs: Obsolete signs shall be removed by the owner, agent, or person having the beneficial use of the building or structure upon which such copy or message may be found within 90 days of becoming obsolete.

2.

Nonconforming signs: No nonconforming business sign or advertising device shall be altered, or reconstructed, or moved to a new location, unless the alteration, or reconstruction, or relocation be in compliance with the provisions of this section. For the purposes of this section only, the term, "altered or reconstructed" shall not include normal maintenance, changing of surface sign space, ornamental features or landscaping below the base line; or the addition, construction, installation, or changing of electrical wiring or electrical devices, backgrounds, letters, figures or characters, or other embellishments.

All nonconforming signs shall be removed when the use, or classification of business, or occupant changes. When nonconforming signs must be removed and when the minimum required setback is not available, such nonconforming signs may be replaced by wall or projecting signs attached to the existing nonconforming building. If the nonconforming use of the sign is discontinued for a continuous period of 12 months, it shall not be renewed.

901.7

Construction and maintenance: The construction, installation, erection, anchorage and maintenance of all signs shall be subject to the regulations of the Round Lake Beach building and property maintenance codes.

901.8

Mounting of signs: All signs shall be mounted in one of the following manners:

1.

Flat against a building or wall.

2.

Back to back in pairs, so that the backs of signs will be screened from public view.

3.

In clusters in an arrangement which will screen the backs of the signs from public view.

4.

Or otherwise mounted so that the backs of all signs or sign structures showing to public view shall be painted and maintained a neutral color or a color that blends with surrounding environment.

901.9

Miscellaneous requirements:

1.

No sign shall be painted upon or printed upon the front, rear, sides, or roof on any building, excepting such signs as name the place of business, the type of business, the address of the building and/or the name of the owner or proprietor of such building or business, which may be painted on the glass surface of a door or window at the front of the building.

2.

External illuminated signs: Light sources shall be shaded wherever necessary to avoid casting bright light upon property located in any residential district or upon any public street, school or park. Any illuminated sign, which is clearly visible from any residential district, and exceeds 2.00 foot-candles at the property line, shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m. The lighting intensity of special uses is subject to planning and zoning commission review.

3.

Signs on vacant property: No signs shall be located on vacant property except real estate signs and billboards.

4.

Signs displayed on park benches: No signs shall be displayed on park benches, poles, posts, pipes, or frames advertising services or products not conducted or offered on the zoning lot on which the structure is located. All existing signs displayed on park benches and other structures listed above shall be removed within one year from the date of adoption of this amendment.

5.

Flashing or moving signs: No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or signs creating the illusion of movement, shall be permitted. A sign whereon the current time and/or temperature is indicated by intermittent lighting shall not be deemed a flashing sign if the lighting changes are limited to the numerals indicating the time and/or temperature and the changes are not more frequent than every 15 seconds.

6.

Advertising signs: Advertising signs are billboards and signs displayed on poles, posts, pipes, or frames which advertise businesses or services not conducted or offered on the zoning lot on which the sign is located. No advertising sign shall be permanently erected within the village and all building permits issued for temporary erection of advertising signs shall limit the time for which such signs may stand for a period not to exceed one year.

The framework to which the faces of advertising signs are fastened shall not be exposed. The open edges between each face of a double-faced advertising sign shall be enclosed.

Any advertising sign which does not meet the requirements of this section shall require a special use permit.

Advertising signs shall be approximately centrally located within areas or beds of landscaping materials consisting of plantings, such as, but not limited to, hedges, conifers, flowering plants and shrubs, ground cover and evergreens. Sodden or seeded areas are not acceptable. Such landscaped areas shall be professionally designed and shall have a minimum area of two square feet for every one square foot of aggregate sign area, measured to include both the obverse and reverse of the sign from its horizontal and vertical extremities.

Owners of advertising signs shall provide the village with an annual maintenance bond in the amount of $500.00.

All nonconforming advertising signs shall comply by July 31, 2004.

7.

Portable signs: Portable signs may be displayed for a maximum of 60 days in any one calendar year. In the event of a violation, a written order shall be issued by the community development director for the removal of the sign. This provision shall also apply to abandoned or unsafe signs.

8.

Banner signs: Banner signs may be displayed for a maximum of 60 days in any one calendar year except where limited by section 901.2-6. If placed across any public street or highway, the signs shall be at least 15 feet above the street level.

9.

Outdoor display structures: Outdoor display structures not permanently mounted, including balloons, may be displayed for a maximum of 60 days in any calendar year.

901.10

Garage or rummage sale signs: For the purpose of this section, a garage sale, yard sale, house sale or estate sale, is defined as an occasional sale of used or surplus household goods, wares and other items or personal property owned by the occupier of the residence on the premises where such sale is held, or owned collectively by a group of persons including the occupier of the residence on the premises where such sale is held, owned collectively by a group of persons including the occupier of the residence on the premises where such sale is held. Such sales shall include basement sales, house sales, yard sales, attic sales, rummage sales, estate sales, garage sales or other similar occasional sales conducted on an infrequent and unscheduled basis from any residential premises.

1.

Limit on length and frequency of sales: Garage sales shall be limited to three consecutive days between the hours of 8:00 a.m. and 8:00 p.m. each day. No more than three garage sales shall be conducted on the same premises within any calendar year and there shall be a minimum of 30 days between each such sale. Notwithstanding the foregoing, in the event of rain occurring during the hours of sale on any day within the three-day sale period such sale period may be extended one additional day on any of the subsequent seven days for each such day of rain; such sale shall not exceed a total of three dry days.

2.

Signs: Garage sale signs shall not exceed five square feet in area, and no such sign shall exceed the maximum exposure period of three days. Such signs may be displayed only on the premises where the garage sale is occurring. Only one sign is allowed for any garage sale, except that any lot or parcel with more than one frontage may have one sign for each frontage. Signs shall not be attached to street poles, trees, five hydrants, sign poles, light poles, or similar structures.

A limit of four (4) temporary directional signs may be placed in village rights-of-way, subject to the following conditions and restrictions. Directional signs shall:

(a)

Not exceed six square feet in gross surface area per sign face,

(b)

Be located at least three feet inside any curb or edge of pavement,

(c)

Be elevated to a height no greater than three feet from the ground to the top of the sign,

(d)

Not obstruct any line of vision for drivers of any vehicle,

(e)

Not be posted, exhibited or displayed on public rights-of-way on Mondays, Tuesdays, or Wednesdays of each week.

All advertising and directional signs shall be removed no later than 9:00 p.m. on the third or last day of such sale.

3.

Location of Sale: A garage sale, as provided herein, shall be conducted from residential premises only.

Penalty: Any person violating any provision of this article shall upon convection be fined not less than $100.00 or more than $500.00 for each offense. Each day that such violation occurs or continues shall be deemed to constitute a separate offense.

901.11

Special requirements: All signs permitted in the Village of Round Lake Beach shall be erected and maintained in accordance with the following specifications by district or type of district:

(Ord. No. 01-02-03, 2-26-2001; Ord. No. 01-04-01, 4-23-2001; Ord. No. 01-11-09, 11-12-2001; Ord. No. 04-01-04, 1-12-2004; Ord. No. 04-04-03, 4-12-2004; Ord. No. 11-05-01, 5-9-2011)

(a)

The following non-flashing, non-illuminated signs shall be permitted in residential districts. Prior to the issuance of a building permit, the community development director shall determine that the design of the sign and materials of the sign are in general conformance with the following:

1.

Any original shape of sign is acceptable. Unique lettering, carved hewn surfaces with tastefully blended colors are encouraged. The applicant is further encouraged to seek assistance from the code official prior to the construction of a sign.

2.

Materials: Preference is given to stained and painted woods or timbers, antique and hammered metals, old brick and old masonry materials.

(b)

Nameplate and identification signs are subject to the following:

1.

Area and content (residential): There shall not be more than one nameplate not exceeding two square feet in area for each dwelling unit, indicating the name and address of the occupant. On a corner lot, two such nameplates for each dwelling unit, one facing each street, shall be permitted. No sign shall be located closer than two feet from any property line.

2.

Area content (nonresidential): For nonresidential buildings, a single identification sign, not exceeding 32 square feet in area and indicating only the name and address of the building may be displayed. On a corner lot, two such nameplates for each occupancy one facing each street, shall be permitted. No sign shall be located closer than 15 feet from any property line.

(c)

Real estate ("for sale", "sold", and "for rent") signs:

1.

Area and number: No sign shall exceed six square feet in area. A maximum of one sign per zoning lot shall be permitted, except that on a corner lot, two such signs, one facing each street, shall be permitted.

2.

Location: All signs shall be located within seven feet from the front lot line. No sign shall project more than seven feet six inches above curb level.

3.

Permits: Sign permits must be renewed every four months.

4.

Residential developments: In a new residential development, one entrance sign of 60 square feet will be allowed. This sign will allow the name of the development lots and units for sale and identification of principals. This sign must be removed or a permit for extension must be obtained within two years of issuance of the original permit.

(d)

Signs accessory to parking areas are subject to the following:

1.

Area and number: Signs designating parking area entrances or exits are limited to one sign for each such unit or entrance, and to a maximum size of four square feet each. One sign per parking area, designating the conditions of use or identity of such parking area, and limited to nine square feet, shall be permitted. On a corner lot, two such signs, one facing each street shall be permitted.

2.

Projection: No sign shall project beyond the property line into the public way.

3.

Height: No sign shall project higher than seven feet six inches above curb level.

(e)

Church bulletin boards are subject to the following:

1.

Area and number: There shall be not more than one sign per lot, except that on a corner lot, two signs, one facing each street, shall be permitted. No sign shall exceed 14 square feet in area nor be closer than eight feet from any other zoning lot.

2.

Location: No sign shall be located less than 15 feet from any street right-of-way line.

3.

Height: No sign shall project higher than seven feet six inches above curb level.

(f)

Nameplate and identification sign for any non-residential public or quasi-public use are subject to the following:

1.

Area and number: There shall be not more than one sign per lot, except that on a corner lot, two signs, one facing each street, shall be permitted. No sign shall exceed 32 square feet in area nor be closer than eight feet to any zoning lot.

2.

Location: No sign shall be located less than 15 feet from any street right-of-way line.

3.

Height: No sign shall project higher than seven feet six inches above curb level.

4.

Lighting: Such sign shall be neither flashing nor animated, nor internally illuminated; but may be illuminated only from a concealed exterior light source, until 11:00 p.m. or any later hour permitted by law.

(g)

Multiple-family residential districts: Name plate and identification signs for each multiple-family dwelling structure containing eight or more dwelling units, or for each multiple-family development containing eight or more dwelling units, the following illuminated, non-flashing signs are permitted under the conditions specified:

1.

Area, content, and type: Not more than one wall or ground sign for each isolated multiple family structure or for each group of two or more multiple-family structures shall be permitted in a development, except that on a corner lot or on a lot having more than one street frontage, one sign facing each street shall be permitted. No sign shall exceed 16 square feet in area.

2.

Location: No sign shall be located less than 15 feet from any street right-of-way line.

3.

Height: No sign shall project higher than 12 feet above curb level.

4.

Lighting: Such sign shall be neither flashing nor animated, nor internally illuminated; but may be illuminated only from a concealed exterior light source, until 11:00 p.m. or any later hour permitted by law.

(a)

Illuminated, non-flashing business signs are permitted in commercial districts, subject to the following conditions:

1.

Location: Primary signs including poles, posts, pylons, pipes or frames to which they are affixed, must be set back a minimum of 20 feet from the front lot line and a minimum of five feet from any other lot line. The first seven feet from the lot line shall be utilized for directional signs, portable signs, landscaping, and ingress and egress only. Directional signs must have a breakaway base.

2.

Gross area: The gross area in square feet of all signs of a zoning lot, including double-faced signs, shall not exceed 1.5 percent of the gross lot area or 300 square feet, whichever is larger, up to a maximum of 500 square feet. Where more than three signs are located on any zoning lot, each succeeding sign, respectively, shall reduce the total allowable sign area by 20 percent. The total area of directional signs shall not exceed 100 square feet and be limited to four square feet per sign.

3.

Horizontal projection: No sign shall project more than 60 inches from the face of the wall.

4.

Vertical projection: No sign shall project higher than 20 feet above curb level, when located within 20 feet back from the front lot line. For every additional four feet of setback from the minimum 20 feet, an additional one foot in height can be added, to a maximum height of 40 feet.

5.

Lettering: The primary signage may be upper case or a combination of upper case and lower case letters, and shall not exceed 24 inches in letter height for signs having a twenty-foot setback. Letter height may be increased six inches for each additional ten feet setback up to a maximum of 72 inches.

6.

Window signs: Window signs shall not obstruct more than 50 percent of the total window area of any building wall.

7.

Portable signs: No more than one portable sign per 40 feet of street frontage, not to exceed three signs, shall be displayed advertising products or services for sale on the premises, with a total sign area not exceeding 20 square feet per sign.

(b)

Signs accessory to automobile service stations: The following signs, accessory to automobile service stations are permitted:

1.

Racks for the orderly display of cans of engine oil may be located on or at the end of each pump island.

2.

Tire racks: Two tire racks (not more than eight feet in height, six feet in length, and five feet in depth) for the purpose of displaying new tire casings, shall be permitted for each gasoline or tire service station. Such racks shall comply with all setback and yard requirements.

[3.

Reserved.]

4.

Exterior sales displays: Items for sale on the premises can be displayed within 20 feet of the property line, provided that said display shall comply with all applicable bulk regulations. Products may be displayed under pump island canopies or between pumps within the area of the pump island base.

(c)

Real estate ("for sale", "sold", and "for rent") signs: A maximum of one sign per zoning lot shall be permitted, except that on a corner lot, two such signs, one facing each street, shall be permitted. No sign shall exceed 12 square feet in area. All signs shall be located within seven feet from the front lot line. No sign shall project more than seven feet six inches above curb level. Sign permits must be renewed every four months. In a new commercial development, one entrance sign not to exceed 60 square feet will be allowed. This sign will allow the name of the development lots and units for sale and identification of principals. This sign must be removed or a permit for extension must be obtained within two years of issuance of the original permit.

(d)

Shopping centers: Shopping center signs shall require special use permits, with the exception of portable signs, temporary banner signs, and outdoor display structures, which are subject to the regulations of section 901.9 of this article.

(e)

Family oriented entertainment center sign package program: A special sign package program for a family oriented entertainment center on a zoning lot of at least 1½ acres shall require a special use permit. Items constituting such a sign package may include, but not be limited to, such things as two and three dimensional props or icons and bright color schemes relative to the family entertainment offered at the family entertainment center.

(Ord. No. 03-09-02, 9-8-2003)

(a)

Illuminated non-flashing business signs are permitted subject to the following conditions:

1.

Gross area: The gross area in square feet of all signs of a zoning lot, including double-faced signs, shall not exceed 1.5 percent of the gross lot area or 300 square feet, whichever is larger, up to a maximum of 500 square feet. Where more than three signs are located on any zoning lot, each succeeding sign, respectively, shall reduce the total allowable sign area by 20 percent. The total area of all directional signs shall not exceed 100 square feet and be limited to four square feet per sign.

2.

Setbacks/breakaway base: All primary signs including poles, posts, pylons, pipes or frames to which they are affixed, must be set back a minimum of 20 feet from the front lot line and a minimum of 15 feet from any other lot line. The first seven feet from the lot line shall be utilized for directional signs, landscaping, and ingress and egress only. All directional signs must have a breakaway base.

3.

Vertical projection: No sign shall project higher than 20 feet above curb level when located 20 feet back from the front lot line. For every additional four feet set back from the minimum 20 feet, the height may be increased by an additional one foot to a maximum height of 40 feet.

4.

Street frontage sign: One street frontage sign shall be permitted, and such sign shall advertise only the name and location of the industrial use.

(b)

Real estate ("for sale", "sold", and "for rent") signs: A maximum of one sign per zoning lot shall be permitted, except that on a corner lot, two such signs, one facing each street, shall be permitted. No sign shall exceed 12 square feet in area. All signs shall be located within seven feet from the front lot line. No sign shall project more than seven feet six inches above curb level. Sign permits must be renewed every four months.

(c)

Industrial parks: For industrial parks, one additional sign on each street frontage other than those required in (a)4. above, shall be permitted subject to the following:

1.

Advertising limitation: Such sign shall advertise only the name and location of such industrial park and the name and type of business of each occupant of the park.

2.

Gross area: The gross area in square feet of all signs shall not exceed 1.5 percent of the gross lot area or 300 square feet, whichever is larger, up to a maximum of 500 square feet. Where more than three signs are located on any zoning lot, each succeeding sign, respectively, shall reduce the total allowable sign area by 20 percent.

3.

Setback: Such sign shall be set back a minimum of 20 feet from the front line of such industrial park.

4.

Vertical projection: No sign shall project higher than 15 feet above the curb level when located 20 feet back from front lot line. For every additional four feet set back from the minimum 20 feet, the height may be increased by an additional one foot to a maximum height of 40 feet.