A.   The sign regulations, controls and provisions set forth in this chapter are made in accordance with an overall plan and program for the public safety, area development, preservation of property values, and the general welfare of the village, and are intended to aid in traffic control and traffic safety; preserve and protect property values; lessen congestion of land and air space; provide against undue concentrations of signs which distract and endanger traffic safety and traffic flow; establish reasonable standards for commercial and other advertising through the use of signs in order to maintain and encourage business activity and area development; avoid uncontrolled proliferation of signs; recognize the rights of the public in roads, streets, and highways; preserve the wholesome and attractive character of the village; and recognize that the general welfare includes a community plan that provides for a community that shall be beautiful as well as healthful, spacious as well as clean, and well balanced in its growth and development.

   B.   The sign regulations distinguish between on premises and off premises business signs. This distinction is based on the finding that other media (television, radio, newspapers, outdoor advertising sign structures) adequately present avenues for business advertising. The restriction of off premises business signs will significantly aid in the realization of the goals and purposes recited in subsection A of this section.

   C.   The sign regulations expressly exclude from regulations nonbusiness signs except insofar as necessary to prevent imminent danger to the health or safety of the public.

   D.   These sign regulations expressly distinguish between outdoor advertising sign structures and signs based on the specific finding that such structures are capable of being utilized for and have been and continue to be utilized for announcements of both a commercial and noncommercial nature, have been a traditional and lawful use of land in the village, are a unique communication medium involving nationally standardized signs, which are made generally available to the public. At the same time, the regulations recognize that a limitation upon the size and number and spacing of such structures is consistent with and will further the goals expressed in this chapter. (1984 Code § 5-7-1)

   A.   General Definitions:

    OUTDOOR ADVERTISING SIGN STRUCTURE: A standardized outdoor advertising display, including the permanent framework, structural members, support or support foundation, scaffolding and illumination, facing or panels, and message, which is intended and whose customary use is to mount periodically changing commercial or noncommercial displays and which is made generally available for display to the public by the owners on a short term basis. Such structures shall be limited to three (3) standardized structures:

      1.   The thirty (30) sheet poster panel or painted bulletin whose outside dimensions, including trim, if any, but excluding a base, apron, supports and other structural member, is approximately twelve feet by twenty five feet (12' x 25'), containing approximately three hundred (300) square feet of total display area;

      2.   The one hundred fifty (150) square foot face, commonly painted rather than posted; and

      3.   The junior panel, whose outside dimensions, including trim, if any, but excluding the base, apron, supports and other structural members, is approximately six feet by twelve feet (6' x 12'), containing approximately seventy two (72) square feet of total face area.

   SIGN: Shall include any writing including a word or numeral; pictorial representation including illustration; emblem including device, symbol, or trademark; flag including the flag(s) of any nation(s) with total area over forty (40) square feet or banner or pennant; or any figure of similar character which is used to announce, direct attention to, or advertise and which is a structure or part thereof, or is attached to, painted on, or in any manner represented on a building or a structure. This definition shall not include outdoor advertising sign structures or signs displayed thereon; or writings, representations or other figures of similar character within a building or nonpictorial color treatments on the surface of a building which do not include writing or other direct forms of advertising.

   SIGN OR OUTDOOR ADVERTISING SIGN STRUCTURE, HEIGHT OF: The height of a sign or outdoor advertising sign structure shall be the distance from the top of the highest portion of the sign or structure to: 1) the grade at the foundation of the sign or outdoor advertising sign structure; or 2) the average grade of the lot, whichever distance is greater.

   SIGN OR OUTDOOR ADVERTISING SIGN STRUCTURE, NONCONFORMING: 1. A sign or outdoor advertising sign structure lawfully erected, constructed, installed or maintained prior to the effective date hereof, which does not conform to the standards or requirements for permitted signs and is not specifically prohibited; or

      2.   A sign or outdoor advertising sign structure lawfully erected, constructed, installed or maintained after the effective date hereof, which does not conform to existing standards or requirements for permitted signs because of annexation, change in zoning districts, or amendments to this chapter.

   SIGN OR OUTDOOR ADVERTISING SIGN STRUCTURE, SURFACE AREA OF: The surface area of a sign or surface display area of an outdoor advertising sign structure shall be the area of the smallest convex geometric figure encompassing the maximum projected area of the volume on a flat plane which completely encloses the extreme limits of the surface display area of writing, representation, emblem or other figure of similar character or potential display area of an outdoor advertising sign structure, together with any material or color forming an integral part of the display or used to differentiate such sign or outdoor advertising sign structure from the background against which it is placed. Such measurement shall exclude the necessary supports or uprights on which the sign is placed, unless the supports or uprights constitute part of the display because of the predominant overall concept of the sign.

   B.   Signs Defined According To Type Of Message Conveyed:

    SIGN, BUSINESS: A sign which directs attention to or identifies a business or which directs attention to or identifies a commodity, service or entertainment to be sold or offered for sale. Any sign displaying the name of a business enterprise shall be conclusively presumed to be a business sign. Any sign displayed on a lot occupied by a business enterprise shall be presumed to be a business sign.

   SIGN, INSTRUCTIONAL OR DIRECTIONAL: A sign conveying instructions or directions with respect to the lot on which it is located, such as a sign designating the entrance to or exit from a parking area, a trespassing sign, a danger sign and signs of a similar character.

   SIGN, REAL ESTATE: A sign advertising the sale, rental or lease of the premises on which it is located, including a subdivision sign.

   SIGN, SPECIAL EVENT: A sign advertising or announcing a special communitywide event or activity conducted by or sponsored by or on behalf of local government, schools, a charitable organization or a not for profit corporation. A "special communitywide event or activity" is one which occurs not more than twice in any twelve (12) month period and which seeks to attract donations, participants, or customers throughout the village or surrounding area.

   C.   Signs And Outdoor Advertising Sign Structures Defined According To Location And/Or Methods Of Attachment:

    SIGN, BULLETIN BOARD: A sign of permanent character, but with movable letters, words or numerals, indicating the names of persons associated with or events conducted upon or products or services offered upon the premises upon which such sign is maintained.

   SIGN, CANOPY OR AWNING: An on premises business sign other than a projecting business sign located upon a canopy or awning.

   SIGN, OFF PREMISES: A business sign which is not included in the definition of "sign, on premises" in this subsection.

   SIGN, ON PREMISES: A business sign which relates solely to a use or business conducted upon, or to a principal product, service or entertainment sold, provided, or offered upon, the lot where the sign is located.

   SIGN OR OUTDOOR ADVERTISING SIGN STRUCTURE, FREESTANDING: A sign or outdoor advertising sign structure secured to the ground and not attached to a building.

   SIGN OR OUTDOOR ADVERTISING SIGN STRUCTURE, ROOF: A sign or outdoor advertising sign structure erected upon the roof of any building.

   SIGN OR OUTDOOR ADVERTISING SIGN STRUCTURE, WALL: A sign or outdoor advertising sign structure attached to, erected against or painted upon the wall of any building with the exposed face thereof in a plane parallel to the plane of such wall, and which sign is mounted at a distance measured perpendicular to such wall, no greater than eighteen inches (18"). A wall sign shall include a sign suspended from the ceiling of a marquee, canopy or vestibule where such sign or freestanding sign or freestanding outdoor advertising sign structure any part of which is parallel to and any part of which is within twenty four inches (24") of a wall.

   SIGN, PORTABLE: A sign not permanently anchored or secured to either a building or the ground such as, but not limited to, A-frame, inverted T shaped signs, and signs affixed to a chassis, which may include wheels for towing, whether or not such wheels are in place.

   SIGN, PROJECTING YARD: A sign attached to and erected approximately perpendicular to the wall of a building, including a sign erected at the corner of a building and projecting into an open space or yard, but not projecting into the right of way of any street, sidewalk, alley, or other public property.

   SIGN, TEMPORARY: A sign intended for not more than a thirty (30) day period of display and that is not actually displayed for any longer than thirty (30) days.

   SIGN, THEATER MARQUEE: A sign, other than a projecting sign, mounted on the marquee of any theater.

   D.   Signs Defined According To Degree Of Illumination:

    SIGN, FLASHING: A sign which exhibits artificially changing light or color effects.

   SIGN, ILLUMINATED: A sign designed to give forth any artificial light or reflect such light from an artificial source. (1984 Code § 5-7-2)

No sign or outdoor advertising sign structure may be erected, constructed, established, maintained, enlarged or relocated or changed by any person except in accordance with the provisions of this chapter nor shall any sign or outdoor advertising structure be erected on a public right of way. (1984 Code § 5-7-4)

No sign or outdoor advertising sign structure may be installed, erected, constructed or placed without a permit from the zoning enforcement officer, except as specifically provided for by this chapter. The permit fee for any permitted sign with the exception of outdoor advertising sign structures shall be at the rate of two dollars ($2.00) per square foot of sign surface area but not less than one hundred dollars ($100.00). Surface area calculated for permit fee shall include the sum of each surface containing a message or advertising. Permit fees for outdoor advertising sign structures shall be as defined in section 10-10-13 of this chapter. No permit may be issued for a sign or outdoor advertising sign structure which is not permitted under this chapter or which is not in compliance with applicable construction codes. (Ord. 2010-01, 1-19-2010)

The following signs and outdoor advertising sign structures are prohibited in all zoning districts: (2010 Code)

   A.   Banners, flags, pennants, spinners, portable signs, and streamers except pursuant to a permit if provided for in this chapter. (1984 Code § 5-7-5)

   B.   Any illuminated sign whose lighting projects into a residential area or public right of way, or any flashing sign or any sign which has any visible moving part, visible revolving parts or visible mechanical movement of any description; or other apparent visible movement achieved by electrical, electronic or mechanical means, including intermittent electrical pulsations, or by action of normal wind currents. Illuminated signs which indicate the time, temperature, weather, or other changing message shall not be considered flashing or moving signs provided each individual message remains visible for at least a two and one-half (21/2) second interval before being reset or replaced with another message. (Ord. 2010-01, 1-19-2010)

   C.   Any sign or outdoor advertising sign structure which:

      1.   Is structurally unsafe; or

      2.   Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment; or

      3.   Is not kept in good repair; or

      4.   Is capable of causing electrical shocks to persons likely to come in contact with it.

   D.   Any sign or outdoor advertising sign structure which, by reason of its size, location, content, coloring or intensity of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing or detracting from the visibility of any governmentally erected sign or control device.

   E.   Any sign or outdoor advertising sign structure not erected by the village or its agents which extends over or touches upon any village property or public right of way unless specifically permitted by this chapter.

   F.   Signs or outdoor advertising sign structures which make use of words such as "Stop", "Look", "Danger", or any other words, phrases, symbols or characters, in such a manner as to interfere with, mislead or confuse traffic.

   G.   Any sign or outdoor advertising sign structure which obstructs free ingress to or egress from a required door, window, fire escape or other required exitway.

   H.   Any nonconforming sign or outdoor advertising sign structure which refers to a business no longer in existence or in operation at the location advertised.

   I.   Business signs advertising nonconforming uses which do not conform to the sign regulations of the most restrictive district where the nonconforming use is permitted.

   J.   Any sign or outdoor advertising sign structure unlawfully constructed, installed, erected or maintained.

   K.   Any roof sign. (1984 Code § 5-7-5)

Signs specified in this section are in addition to the signs permitted in the respective use districts and shall not require a permit. Such signs are subject to the conditions and limitations set forth in this section:

   A.   Nonbusiness Sign: Any sign not defined as a "business sign" and not specifically prohibited by section 10-10-5 of this chapter or regulated by this section.

   B.   Instructional Or Directional Sign: Instructional or directional signs which do not exceed a total of fifteen (15) square feet in surface area for all such signs on any premises and which signs do not exceed four feet (4') in height.

   C.   Real Estate Sign: One real estate sign may be placed on the lot if the total surface area of the sign does not exceed twelve (12) square feet.

   D.   Construction Sites: Signs identifying architects, engineers, developers or contractors when placed on construction sites shall not exceed thirty five (35) square feet in area. Such signs shall be removed within fourteen (14) days from completion of the construction.

   E.   Addresses: Signs used to identify the street address of a commercial building and not exceeding five (5) square feet in area.

   F.   Auctions And Garage Sales: Signs announcing auctions and garage sales not exceeding five (5) square feet in area shall be posted not more than two (2) days before and shall be removed two (2) days following the event, with a total time of display not to exceed six (6) days. Such signs shall be confined to private property and shall not be attached to or located on public property.

   G.   Campaign Signs: Political campaign signs announcing candidates seeking public office and/or political issues and other pertinent information shall be confined to private property and shall not be attached to or located on public property. In any residential district, political campaign signs shall not exceed sixteen (16) square feet in area. In other districts, political campaign signs shall not exceed thirty two (32) square feet. Said signs shall be removed within seven (7) days after the election to which they pertain.

   H.   Flags: Flags of any country, state, or unit of local government shall not exceed forty (40) square feet in size. (1984 Code § 5-7-6)

   A.   Permit And Insurance Required: No special event sign shall be erected or maintained on or over any property owned or controlled by the village or any public right of way by any person without first obtaining a permit issued by the zoning enforcement officer, who shall consider the requirements and restrictions of section 10-10-5 of this chapter and this section in approving or disapproving the method of display, location, number and sizes of signs. The zoning enforcement officer shall require evidence as to general liability insurance or its equivalent which names the village as an additional insured in amounts of not less than combined property damage and personal injury limits of five hundred thousand dollars ($500,000.00) prior to issuance of a permit.

   B.   Number And Size Of Signs:

      1.   Permits shall be granted for no more than ten (10) special event signs to be displayed on any day. Where approved applications are received from more than one organization for such signs to be displayed on the same day, and the total number exceeds the maximum provided in this section, each organization shall receive a permit for a pro rata number of such signs.

      2.   Special event signs shall be no larger than fifty (50) square feet in surface area.

   C.   Length Of Time Of Display:

      1.   Special event signs shall be displayed for not more than a consecutive thirty (30) day period.

      2.   No more than two (2) days following the special event for which a sign permit is granted pursuant to this section, such special event signs shall be removed, and the area where such signs have been displayed shall be cleaned and restored to its condition prior to display of such signs. (1984 Code § 5-7-7)

   A.   A business shall be permitted to display one temporary or portable sign per business frontage advertising or announcing a new on site business for a period of not to exceed thirty (30) days from the date the business was started. A business shall also be permitted to display one temporary sign or portable sign advertising on premises activities for not more than a total of four (4) weeks per calendar year with no period of display being less than one week. Temporary signs shall conform with the provisions of the table of standards for the on premises business signs in the B-2 district in subsection 10-10-14A of this chapter.

   B.   The permit for a temporary sign shall stipulate the number and type of temporary signs and dates of display. (1984 Code § 5-7-14)

Nonconforming and prohibited signs shall be removed or altered so as to conform with this chapter subject to the following provisions:

   A.   Nonconforming Signs: Nonconforming signs which are nonconforming because of size, number, height, setback or off premises nature, except theater marquee signs, shall be removed or made conforming within five (5) years from the date the sign became nonconforming under this chapter.

   B.   Nonconforming Outdoor Advertising Sign Structures: Nonconforming outdoor advertising sign structures shall be removed or made conforming within five (5) years of April 30, 1988; provided, however, that:

      1.   Nonconforming outdoor advertising sign structures parallel and attached to walls or parallel and freestanding, any part of which is within three feet (3') of a wall, may continue to be rebuilt or maintained, but not enlarged or increased in height.

      2.   Nonconforming outdoor advertising sign structures which are freestanding may continue in existence or may be rebuilt or maintained but not enlarged or increased in height; provided, that such structures shall be limited:

         a.   To a maximum of three hundred (300) square feet of display space in the B-1 and B-2 zones (back to back 300 square foot display areas shall be permitted).

         b.   To a maximum of three hundred (300) square feet of display in all I zones; provided, however, that outdoor advertising sign structures which are currently in existence but which are removed pursuant to this section may be removed and relocated to any new site which is in an I zone. Such relocated nonconforming outdoor advertising sign structures shall not exceed three hundred (300) square feet in surface display nor be located within five hundred feet (500') of another outdoor advertising sign structure measured along the same side of the street. Relocated nonconforming outdoor advertising sign structures shall also meet separation, height and setback restrictions of the table of standards for outdoor advertising sign structures in subsection 10-10-14B of this chapter. The relocation of such outdoor advertising sign structures shall occur within not more than twenty four (24) months following their removal. Such relocated outdoor advertising sign structures shall be deemed conforming when relocated in compliance with this subsection.

   C.   Prohibited Signs Or Outdoor Advertising Sign Structures: Specifically prohibited signs or outdoor advertising sign structures shall be removed or modified immediately.

   D.   Discontinued Businesses: Signs which refer to businesses no longer in existence or operation at the locations advertised shall be removed sixty (60) days from the effective date of discontinuance of the business at the location advertised. (1984 Code § 5-7-8)

   A.   R-1 Single-Family And R-2 Single-Family And Two-Family Residential Districts: One nonilluminated business on premises sign, not exceeding one square foot in total surface area, may be displayed in connection with a home occupation.

   B.   R-3 General Residence District And R-4 Single-Family Mobile Home District: The regulations pertaining to signs in the R-3 and R-4 districts are the same as in the R-1 district except for the addition of the following permitted sign: One nonilluminated business on premises sign constructed as follows: (1984 Code § 5-7-10; amd. 2010 Code)

      1.   Sign with incised letters on stone background set as part of the building.

      2.   Wall sign or freestanding sign in the front or side yard; provided, that the total height of the freestanding sign shall not exceed six feet (6') and the total area shall not exceed twenty four (24) square feet. (1984 Code § 5-7-10)

On premises business signs shall be permitted subject to the limitations as provided for in this chapter and as specified in the table of standards for on premises business signs in business and industrial districts at subsection 10-10-14A of this chapter. (1984 Code § 5-7-11)

Regulations pertaining to signs and outdoor advertising sign structures in the industrial districts are the same as in the B-2 district; except, that freestanding signs not mounted on a pole may have a maximum area of one hundred (100) square feet and shall not exceed six feet (6') in height. (1984 Code § 5-7-12)

   A.   Outdoor advertising sign structures shall be permitted in the AG agricultural district subject to the limitations as provided for in this chapter and as specified in the table of standards for outdoor advertising sign structures, subsection 10-10-14B of this chapter.

   B.   Outdoor advertising sign structures in the AG agricultural district shall be not closer than three hundred feet (300') to the nearest highway right of way or five hundred feet (500') to the nearest residential or public or semipublic property. Permits shall be valid for not longer than five (5) years. (1984 Code § 5-7-13; amd. 2010 Code)

   C.   Such structures shall be subject to a permit fee of one thousand dollars ($1,000.00) with annual renewal of five hundred dollars ($500.00) per year (first year, $1,500.00). (1984 Code § 5-7-13)

   A.      On Premises Business Signs In Business And Industrial Districts:

   TABLE OF STANDARDS FOR ON PREMISES BUSINESS SIGNS IN BUSINESS AND INDUSTRIAL DISTRICTS:

 

 

Notes:

   1.    No roof signs are permitted.

   2.    Signs at ends of canopy or awning (maximum of 2) may be substituted for suspended sign.

(1984 Code § 5-7-15; amd. 2010 Code)

   B.         Outdoor Advertising Sign Structures (OASS):

   TABLE OF STANDARDS FOR OUTDOOR ADVERTISING SIGN STRUCTURES (OASS)1

 

 

Notes:

   1.    No outdoor advertising sign structures erected on a roof shall be permitted.

   2.    "Back to back" shall mean faces erected at no greater than a 45 degree angle to each other.

   3.    "Freestanding sign" here excludes instructional or directional signs, for sale signs, temporary signs, portable signs, and noncommercial signs.

   4.    Separation measurements on same side of street from closest projection of OASS on ground to closest projection of freestanding sign on ground.

   5.    At the intersection of 2 streets, the separation requirement shall be measured along perpendicular right of way lines.

(1984 Code § 5-7-16)

Whenever it shall appear to the zoning enforcement officer that any sign has been constructed or erected or is being maintained in violation of any of the terms of this chapter, or after a permit for a sign has been revoked or become void, or that a sign is unsafe or in such condition as to be a hazard to the safety of the public, the zoning enforcement officer is empowered to issue a notice in writing to the owner or lessee of the sign or the owner of the premises of which the sign is erected or maintained. Such notice shall inform such person of the violation and shall direct him/her to make such alteration, repair or removal as is necessary to secure compliance with this chapter within a reasonable time limit, which shall not be more than sixty (60) days. The person receiving such notice shall comply with the terms thereof. (1984 Code § 5-7-9)