(A)   Attractive and integrated urban design features tend to improve the image of the community, raise property values within the community, attract new business and residents to the community and improve the overall quality of life of the community. Attention to urban design features, therefore, is determined by the Board of Trustees of the village to be in the best economic interest of the citizens and business owners of the village.

   (B)   (1)   Signs, due to their inherent visibility and incursion upon the urban landscape, represent a prominent urban design feature.

      (2)   The regulations contained in this subchapter were prepared in recognition of the impact of signs as a prominent urban design feature and are intended to regulate type, area, height, number, location, illumination, design and construction of signs permitted in the various zoning districts throughout the village.

      (3)   The intent of this subchapter is, in part: to encourage the effective use of signs as a means of communication in the village; to create a more attractive economic and business climate; to minimize the possible adverse effects of signs on nearby public and private property; to foster and improve the economic vitality of the community by enhancing and protecting the physical appearance of the community; and to preserve, protect and promote the public health, safety and general welfare of the community.

(Prior Code, § 20-1401) (Ord. 1699, passed 3-17-2014)

   Any sign not expressly permitted in this subchapter shall be deemed prohibited.

(Prior Code, § 20-1402) (Ord. 1699, passed 3-17-2014)

      Except as specifically noted otherwise, the following signs and street graphics are strictly prohibited throughout the village:

   (A)   Notwithstanding § 154.150 of this chapter and its divisions, any sign or other street graphic enumerated below that complies with the indicated requirements is permitted in any district of the village.

   (B)   Such signs or street graphics shall not be debited against the displaying establishment’s sign area allowance:

      (1)   Construction signs. Construction signs identifying the architects, engineers, contractors and other individuals or firms involved with the construction, and/or announcing the character or purpose of the building, but not advertising any product. Such signs shall not exceed five square feet in any conservation or residential district, or 32 square feet in other districts, shall be confined to the site of the construction, and shall be removed within 14 days after the issuance of the final occupancy permit for the project;

      (2)   Real estate signs. Real estate signs indicating the sale, rental or lease of the premises on which they are located. Such signs in residential districts shall not exceed five square feet. In other districts, such signs shall not exceed 16 square feet; except that, when a parcel of property exceeds ten acres, a sign as large as 32 square feet shall be allowed. Not more than one real estate sign per street front shall be erected on any lot. Such signs shall be removed within seven days of the sale, rental or lease;

      (3)   Real estate directional signs. Real estate directional signs indicating an open house or the sale, rental or lease of property under development. Such signs shall be located on private property, with permission from the owner of said property, and shall not exceed four square feet. Open house signs shall not be erected more than five days prior to the scheduled showing and shall be removed within 24 hours following;

      (4)   Temporary signs. Temporary signs are signs erected on private property for a limited period of time. Except for signs further regulated under division (B)(6) below, temporary signs shall not exceed four square feet, shall be limited to not more than three such signs on any lot or premises. Temporary signs shall be permitted only for 14 days before and three days after the specified event;

      (5)   Garage sale signs. Garage sale signs advertising a garage or yard sale to be held on private residential property. Such signs shall not exceed four square feet, shall not be erected more than two days prior to the scheduled sale and shall be removed immediately following;

      (6)   Public interest signs, commercial banners, street banners and pole banners.

         (a)   Public interest signs are temporary signs erected on private property which publicize an event of general public interest that is to be held in the near future. Freestanding public interest signs shall not exceed 32 square feet. Freestanding public interest signs and street banners shall be permitted only for 14 days before and three days after the specified event.

         (b)   Commercial banners, which are erected on a wall or roof edge of any building to advertise a store opening, sales event or similar activity, shall not exceed 32 square feet. Commercial banners shall be displayed no more than 14 days before and three days after the specified event.

         (c)   Street banners are temporary signs spanning over the width of a public street, which publicize an event of general public interest that is to be held in the near future. Street banners shall not exceed 30 feet in length and four feet in height. Private advertising shall be limited to a maximum of 20% of the gross area of the sign.

         (d)   Pole banners are signs attached to a utility pole that commemorate an event or a matter of significant public interest. Pole banners mounted on public utility poles shall not exceed 30 inches wide by 66 inches tall. No more than two banners may be attached to any utility pole at a given time. Pole banners shall be permitted for a time period as approved by the Board of Trustees.

         (e)   All public interest signs, commercial banners, street banners and pole banners require a certificate of sign compliance in accordance with the provisions of § 154.210(A) of this chapter.

      (7)   Governmental, public and directional signs. Governmental, public and directional signs such as traffic-control signs, railroad crossing signs, legal notices, signs indicating the location of underground cables, no trespassing signs, no parking signs, signs indicating the entrances and exits of parking lots, signs welcoming visitors to the village and signs indicating the location of public telephones and restrooms;

      (8)   Institutional signs. Institutional signs identifying a public, charitable, or religious institution. Such signs located on the premises of such institutions shall adhere to the size restrictions in § 154.149(A) of this chapter. Such signs located off premises require a certificate of sign compliance in accordance with the provisions of § 154.210(A) of this chapter and shall conform to State Department of Transportation regulations;

      (10)   Subdivision entrance signs. Subdivision entrance signs are permanent signs identifying a residential subdivision, office park or apartment complex. Such signs shall be located on private property, contain no commercial advertising and shall not exceed 40 square feet;

      (11)   House numbers and/or name of occupant signs. House numbers and/or name of occupant signs located on the lot to which the sign applies. Such signs shall contain no commercial advertising, and shall not exceed four square feet;

      (12)   Interior signs. Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings; provided, such signs are designed and located to be viewed exclusively by the patrons or residents of such buildings;

      (13)   Human signs. Temporary signs or placards carried or supported by individuals. Such signs promoting a commercial activity or business shall be considered peddling or hawking and shall meet the requirements of Ch. 111 of this code of ordinances; and

      (14)   Political signs. Political signs announcing candidates seeking public/political office and/or political issues and other pertinent information. Political signs are permitted under this subchapter as such signs are permitted under the laws of the state and the United States.

(Prior Code, § 20-1404) (Ord. 1637, passed 3-5-2012; Ord. 1699, passed 3-17-2014)

   In order to accomplish the purpose of this subchapter, the following general restrictions apply:

   (A)   Allowable sign area.

      (1)   Calculation. Sign area shall be calculated as the area within an imaginary rectangle which, when drawn, would completely enclose all the letters, parts or symbols of the sign.

      (2)   Freestanding and projecting signs. Within the limitations and restrictions as further provided in this subchapter, the total sign area of any freestanding and/or projecting signs which any establishment is permitted to display, shall be computed in accordance with the following formula:

         (a)   One and one-half square feet of sign area per every one foot of street frontage for the first 100 feet of such frontage; plus one square foot of sign area per each additional one foot of such frontage in excess of 100 feet; provided, however, that, no establishment in any district shall display more than 250 square feet of sign area on any street front with the exception of those listed in division (A)(2)(b) below.

         (b)   Properties on which particularly large buildings are constructed shall be allowed a maximum sign area subject to the following:

            1.   Buildings that are 50,000 to 100,000 square feet in size shall be allowed a maximum sign area of 250 square feet, plus 10% or 275 square feet.

            2.   Buildings that are 100,000 to 150,000 square feet in size shall be allowed a maximum sign area of 250 square feet, plus 20% or 300 square feet.

            3.   Buildings that are over 150,000 square feet in size shall be allowed a maximum sign area of 250 square feet, plus 30% or 325 square feet.

         (c)   In calculating the sign area of a proposed sign that contains more than two faces, the Zoning Administrator shall determine the sum of the areas of each face and divide by two, assuring that the result does not exceed the allowable sign area for the property.

         (d)   The total allowable sign area shall include the sum of the areas of all freestanding and projecting signs.

      (3)   Flush-mounted signs. Within the limitations and restrictions as further provided in this subchapter, the total sign area of any flush-mounted, wall or window sign which any establishment is permitted to display shall be computed in accordance to the following formula:

         (a)   Single tenant buildings. One square foot of sign area per every one linear foot of primary street frontage; provided, however, that, no establishment in any district shall display more than 375 square feet of sign area;

         (b)   Multi-tenant buildings. For multi-tenant retail (strip centers) or mixed-use buildings one square foot of sign area per every one linear foot of primary store frontage. For multi-tenant office buildings, one square foot of sign area per every one linear foot of street frontage; provided, however, that, no multi-tenant office building in any district shall display more than 375 square feet of sign area; and

         (c)   Inclusions. The total allowable sign area shall include the sum of the areas of all flush-mounted, wall and window signs.

   (B)   Sign illumination. Unless restricted otherwise in this chapter, illumination of signs is permitted, subject to the following requirements:

      (1)   No sign shall employ red, yellow or green lights in such a manner as to confuse or interfere with vehicular traffic.

      (2)   Electronic message boards shall only use lights of a single color on a contrasting background.

      (4)   The light from any illuminated sign shall be shaded, shielded or directed so that it creates neither a nuisance to adjacent property nor a traffic hazard.

   (C)   Dynamic display signs. Unless restricted otherwise in this chapter, dynamic display signs shall be permitted, subject to the following requirements:

      (1)   No animation or movement of any content is permitted.

      (2)   The dynamic display portion of any sign constructed after May 1, 2018 shall be a maximum of 25 square feet and must be placed on the lower half of the sign structure.

      (3)   Each displayed message must remain visible for at least ten seconds before being replaced with another message.

      (4)   Signs with dynamic displays are to be located at least 200 feet from any residentially-zoned property or, if placed at a distance of 200 feet or less, meet the following criteria:

         (a)   Be a flush-mounted sign placed on the building or a free-standing (monument style) sign structure;

         (b)   The maximum dynamic display sign area shall be 15 square feet and must be placed on the lower half of the sign structure. Free-standing sign structures with a dynamic display shall have a maximum dynamic display height of six feet; and

         (c)   Be turned off between the hours of 11:00 p.m. until 6:00 a.m.

      (5)   The light from any dynamic display sign shall be shaded, shielded or directed so that it creates neither a nuisance to adjacent property nor a traffic hazard.

      (6)   Dynamic display signs shall be allowed no greater than 5,000 candela per square meter (NITS) during daylight hours and 350 candela per square meter (NITS) from dusk until dawn.

      (7)   Compliance amnesty. Existing dynamic display signs which cannot immediately comply with division (C)(3) above shall be allocated 30 days from April 16, 2018, to take the necessary steps ensure that the dynamic display portion of the sign adheres to these performance standards. If not in conformance by this date, the portion of the sign which contains the dynamic display shall be turned off or otherwise be non-operational until the owner of the sign can make the necessary changes to the sign and demonstrate conformance with division (C)(3) above.

      (8)   No person or contractor shall install or alter a dynamic display sign that, because of its position, shape, movement or color, interferes with the proper functioning of a traffic sign, signal or that constitutes a traffic hazard.

      (9)   Dynamic display sign locations shall be marked on the subject property prior to installation and demonstrate that they adhere to the distance requirements of this division (C).

   (D)   Sign movement. Any sign that revolves, rotates or mechanically moves in any manner is strictly prohibited.

   (E)   Sign location and maintenance.

      (1)   No sign shall be erected, relocated or maintained so as to prevent free access or egress from any door, window, fire escape or driveway.

      (2)   No sign shall be erected or maintained in such a manner that it interferes with, obstructs the view of or is likely to be confused with any authorized traffic-control device.

      (3)   Every sign shall be designed and constructed in conformity with any applicable provisions of the adopted building codes.

      (4)   Every sign shall be maintained in a safe, neat and attractive condition by its owner.

      (5)   Signs at vacant businesses, including the posts or other supports thereof, may remain, but shall be maintained in a safe and neat condition, free of loose parts and peeling paint.

(Prior Code, § 20-1405) (Ord. 1564, passed 2-16-2010; Ord. 1637, passed 3-5-2012; Ord. 1699, passed 3-17-2014; Ord. 1819, passed 4-16-2018) Penalty, see § 154.999

   In order to accomplish the purpose of this subchapter, the following special restrictions apply.

   (A)   Conservation districts. No sign other than those permitted by § 154.148 of this chapter shall be erected in any conservation district.

   (B)   Residential districts. No sign other than those permitted by § 154.148 of this chapter shall be erected in any residential district.

   (C)   Business and industrial districts. No establishment located in any business district or in any industrial district shall display on any street front a total area of sign in excess of the allowance derived by application of the provisions and formula set forth in § 154.149(A) of this chapter. Additionally, signs in any business or industrial district shall conform to the requirements indicated in the following sections of this subchapter.

(Prior Code, § 20-1406) (Ord. 1699, passed 3-17-2014) Penalty, see § 154.999

   (A)   A FREESTANDING SIGN is any permanently-mounted sign that stands apart from, and is not attached to any building or structure.

   (B)   Freestanding signs shall comply with the following regulations.

      (1)   (a)   Freestanding signs shall be limited to one per lot in those districts where they are allowed; provided, however, that, any establishment on a lot with frontage on two streets shall be allowed to erect one freestanding sign on each of the two street frontages, if each sign meets all other provisions of this code, including the total allowable sign area for such signs.

         (b)   Exception: Any single lot with continuous frontage along a public street in excess of 700 linear feet shall be permitted to place one additional sign, provided that:

            1.   Signs shall not be placed within 350 linear feet of each other, as measured along the frontage of the lot; and

            2.   The maximum allowable sign area for all freestanding signs shall be cumulative.

      (2)   No part of any freestanding sign shall be located closer than ten feet from the public right-of-way or obstruct motorists’ view.

      (3)   It is preferred that all freestanding signs shall be monument style, unless an issue of particular physical surroundings, shape or topographical conditions of the specific property involved would result in an excessive structure or contribute to an unsafe condition.

      (4)   The maximum height of any freestanding sign shall not exceed 30 feet above the curb line.

(Prior Code, § 20-1407) (Ord. 1564, passed 2-16-2010; Ord. 1631, passed 12-5-2011; Ord. 1699, passed 3-17-2014; Ord. 1811, passed 2-20-2018; Ord. 1840, passed 9-6-2018) Penalty, see § 154.999

   (A)   Off-premises signs (special use permit required).

      (1)   (a)   Special use permit. Off-premise signs shall be permitted only by a special use permit and following section 154.213 of this code.

         (b)   Exception. Any establishment which lacks frontage on a public street may erect a freestanding sign at the closest intersection of any public road indicating the access way to the establishment

      (2)   (a)   Anyone wishing to erect an offsite sign must receive written permission from the state or county along the street/highways mentioned below.

         1.   Frank Scott Parkway;

         2.   Highway 159;

         3.   Highway 161.

   (B)   Temporary off-property sign. Temporary off-property freestanding signs would need the owner's permission in writing to erect the temporary sign and the exact location of said sign on the parcel. Temporary signs may not exceed 60 days.

   (C)   There shall be no more than one sign per lot/parcel for each business, the gross allowable sign area shall not exceed 200 square feet per lot. The height shall be restricted to 15 feet above any above mentioned street grade.

Penalty, see § 154.999

   (A)   A projecting sign is any sign which is attached to a building or structure, but which projects from the plane of the wall to which it is attached by more than 18 inches.

   (B)   Projecting signs shall comply with the following regulations.

      (1)   No establishment shall display more than one projecting sign on any street front.

      (2)   No projecting sign shall:

         (a)   Extend above the roof line of the building to which it is attached;

         (b)   Extend below a point eight feet above the center of the frontage pavements;

         (c)   Project over a driveway or beyond the curb line of any public street;

         (d)   Project more than four feet from the building to which it is attached; or

         (e)   Exceed four square feet in area.

(Prior Code, § 20-1409) (Ord. 1699, passed 3-17-2014) Penalty, see § 154.999

   (A)   A flush-mounted sign is any sign mounted in such a way that the plane of its face is parallel to the plane of the wall to which it is attached, including those integrated into the surface of the wall itself. Flush-mounted signs also include window signs, which are, defined as any sign visible from the exterior of the building or structure, which is painted directly on the surface of a window or affixed to or suspended immediately behind the window for the, purpose of informing the passerby of the identity of the proprietor or business, or of the product or service which can be obtained on the premises.

   (B)   Flush-mounted, wall and window signs shall comply with the following regulations:

      (1)   No flush-mounted, wall or window sign shall:

         (a)   Project more than 18 inches from the wall or surface to which it is attached; or

         (b)   Extend above the roof line of the building to which it is attached.

      (2)   Flush-mounted wall or window signs may be placed on any side or sides of a building except the rear, but signs on side walls that lack street frontage shall not be illuminated.

(Prior Code, § 20-1410) (Ord. 1648, passed 5-21-2012; Ord. 1699, passed 3-17-2014) Penalty, see § 154.999

   (A)   Signs mounted flush on any canopy, awning, marquee or similar overhang shall be considered flush-mounted or wall signs and shall meet the requirements of § 154.154 of this chapter.

   (B)   Signs suspended beneath a canopy, awning, marquee or similar overhang shall be considered projecting signs and shall meet the requirements of § 154.152 of this chapter.

(Prior Code, § 20-1411) (Ord. 1699, passed 3-17-2014)

   Any person, firm or corporation wishing to erect any sign other than those expressly permitted by § 154.148 of this chapter shall first secure a certificate of sign compliance in accordance with the provisions of § 154.210(A) of this chapter.

(Prior Code, § 20-1412) (Ord. 1699, passed 3-17-2014)

   Any otherwise lawful non-conforming sign which exists on the effective date of this subchapter may lawfully remain, subject to the following provisions.

   (A)   Maintenance. A non-conforming sign may be maintained by ordinary repairs.

      (1)   Re-facing the sign to change the name of the business is permitted.

      (2)   Enlargement of a sign is permitted; provided that, the enlargement complies with the allowable sign area and sign illumination regulations of this subchapter.

   (C)   Relocation. A non-conforming sign shall not be moved unless, after relocation, it will conform to all of the regulations of this subchapter.

   (D)   Reconstruction.

      (1)   A non-conforming sign which is destroyed by any means shall not be reconstructed unless, after reconstruction, the sign will conform to all applicable regulations of this subchapter. Exception: a non-conforming sign which is destroyed by any means shall not be reconstructed if the Zoning Administrator determines that the cost of such reconstruction exceeds 50% of the sign’s replacement value at the time of loss, unless, after reconstruction, the sign will conform to all applicable regulations of the district in which it is located.

      (2)   In the event the Zoning Administrator determines the estimated cost of reconstruction is equal to or less than 50% of the sign’s replacement value at the time of loss, repairs or reconstruction shall be permitted; provided, such work begins within six months from the date the damage occurred and is completed within one year after construction begins.

      (3)   The Zoning Administrator may require that the reconstruction cost estimate be made by a bona fide sign contractor, and that the sign’s value at the time of loss be determined by a licensed real estate appraiser.

      (4)   The owner of the damaged sign shall be responsible for obtaining these estimates on behalf of the Zoning Administrator.

   (E)   Vacant/discontinued businesses. Signs in place at vacant businesses may remain and be reused.

   (F)   Non-conformities under permit authority. The regulations of this subchapter shall not effect the terms of any permit issued prior to the effective date of this subchapter, or any pertinent amendment thereto; provided that, the work authorized by such permit is completed within a reasonable time.

(Prior Code, § 20-1413) (Ord. 1564, passed 2-16-2010; Ord. 1578, passed 6-7-2010; Ord. 1637, passed 3-5-2012; Ord. 1699, passed 3-17-2014)

   (A)   General.

      (1)   The Zoning Administrator or his or her designee shall order the removal of any sign erected or maintained in violation of this subchapter, by giving seven days’ notice in writing to the owner of such sign, or to the owner of the building, structure or premises on which such sign is located.

      (2)   Such notice shall require the owner to remove the sign or to bring it into compliance, at the owner’s expense.

      (3)   The Zoning Administrator or his or her designee may remove a sign immediately, without notice, and at the owner’s expense, if said sign is attached to a public utility pole, street sign or located on the public right-of-way; or if said sign is in violation of this subchapter and is advertising an event which is set to occur before the provisions of this section could normally be enforced; or if, in his or her opinion, the condition of the sign presents an immediate threat to the safety of the public.

   (B)   Reconstruction.

      (1)   A non-conforming sign which is destroyed by any means shall not be reconstructed if the Zoning Administrator determines that the cost of such reconstruction exceeds 50% of the sign’s replacement value at the time of loss, unless, after reconstruction, the sign will conform to all applicable regulations of the district in which it is located.

      (2)   In the event the Zoning Administrator determines the estimated cost of reconstruction is equal to or less than 50% of the sign’s replacement value at the time of loss, repairs or reconstruction shall be permitted; provided, such work begins within six months from the date the damage occurred and is completed within one year after construction begins.

      (3)   The Zoning Administrator may require that the reconstruction cost estimate be made by a bona fide sign contractor, and that the sign’s value at the time of loss be determined by a licensed real estate appraiser.

      (4)   The owner of the damaged sign shall be responsible for obtaining these estimates on behalf of the Zoning Administrator.

(Prior Code, § 20-1414) (Ord. 1479, passed 1-22-2007; Ord. 1699, passed 3-17-2014)