The purpose of this chapter is to promote the public health, safety, and welfare through the provision of standards for existing and proposed signs of all types. More specifically, this chapter is intended to:

   (a)   Enhance and protect the physical appearance of the community.

   (b)   Promote and maintain visually attractive residential, office, business, and industrial districts.

   (c)   Ensure that signs are located and designed to reduce distraction and confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment.

   (d)   Prevent the erection of structures of any kind that will obstruct sight distance at the intersection of streets or driveways.

   (e)   Prevent the erection of poorly constructed and unsafely located, posted, or painted signs.

   (f)   Provide review procedures that enable the Village to comprehensively evaluate the appropriateness of a sign to a site, building, and its surroundings.

   (g)   Prohibit all signs not expressly permitted by this chapter.

(Ord. 2009-17. Passed 9-15-2009.)

   For the purposes of these regulations, signs shall be classified and defined by physical design or structure, and function or purpose based on the following:

   (a)   Physical Characteristics.

      (1)   Abandoned Sign. A sign which no longer identifies or advertises a bona fide business, establishment, lessor, service, owner, product, or activity, and/or for which no legal owner can be found.

      (2)   Animated Sign. Any sign, which uses movement or change of lighting to depict action or to create a special effect or scene.

      (3)   Banner Sign. Any sign of lightweight fabric or similar material with no enclosing framework that is mounted to a building or poles at one or more edges. National flags, state or the official flag of any institution or business shall not be considered banners.

      (4)   Changeable Copy Sign. A sign such as a bulletin board or announcement board, where the message or graphics is not permanently affixed to the structure, framing or background and may be periodically replaced or covered over manually or by electronic or mechanical devices.

      (5)   Face of Sign. The area of a sign on which the copy is placed.

      (6)   Flashing Sign. A sign, which contains an intermittent or sequential flashing light source, used primarily to attract attention. Does not include changeable copy signs or animated signs.

      (7)   Freestanding Sign. A sign, which is supported from the ground or a structure, other than a building.

      (8)   Building Marker. Letters, words, or insignia cut into the building surface, or otherwise permanently mounted on the building, at the time the building was constructed to convey a memorial, the name of the building, address or date of construction, or similar message.

      (9)   Canopy or Awning Sign. A sign painted on, printed on or attached to the soffit or fascia of an awning, canopy, or other fabric, plastic, or structural protective cover over a door entrance or window.

      (10)   Festoons. A string of ribbons, tinsel, small flags, or pinwheels.

      (11)   Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

      (12)   Marquee Sign. A sign attached to or supported by a permanent roof-like structure or canopy of rigid materials supported by and extending from the façade of a building.

      (13)   Non-conforming Sign. A sign, which was erected legally but which, does not comply with subsequently enacted sign restrictions and regulations.

      (14)   Off-Premises Sign (Billboard). A sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produced, manufactured or furnished at the property on which said sign is located.

      (15)   Portable Sign. Any sign that is designed to be transported on wheels, skids, a bench, runners, brackets or has a frame to which wheels, skids, runners, brackets or similar mechanical devices are or can be attached.

      (16)   Projecting Sign. A sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.

      (17)   Roof Sign. A sign erected on, over, or above the roof of a building.

      (18)   Rotating Sign. A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner.

      (19)   Special Event Sign. A temporary, freestanding sign, or banner, designed and placed to draw attention to a special promotion or event.

      (20)   Wall Sign. A sign erected parallel to, or painted on the surface or on the outside wall of any building, and not extending more than twelve inches therefrom, and which does not project above the roof line or beyond the corner of the building.

      (21)   Window Sign. A sign on the inside of a building affixed to, or near a window for the purpose of being visible to and read from the outside of the building.

   (b)   Function.

      (1)   Building Sign. Any sign attached to any part of a building including wall, awning, canopy, and projecting signs

      (2)   Directional Sign. A permanent sign located on private property, at or near the public right-of-way, directing or guiding traffic and parking from the street onto private property. Directional signs may include small, incidental logos that pertain to the use on the lot.

      (3)   Identification Sign. A sign intended to identify the principal use of a lot, development, building or building unit, including the following.

         A.   Business Identification Sign. A sign intended to announce or promote the establishment, the use, activity, service or business on the premises, and which may include a directory of occupants.

         B.   Development Identification Sign. A freestanding sign identifying the name and address of a completed residential subdivision or developments in a campus setting having three or more buildings.

      (4)   Instructional (Incidental) Sign. A sign that has a purpose secondary to the use on the lot that is intended to instruct employees, customers or users as to specific parking requirements, the location or regulations pertaining to specific activities on the site or in the building, specific services offered or methods of payments accepted.

      (5)   Name Plate. A non-electric sign indicating only the name and address of the person, business, profession or activity occupying the lot, building(s) or part of the operation or maintenance of any equipment which is placed on the building or site.

      (6)   Project Construction Sign. A temporary sign identifying the name of a subdivision, building or public works project or facility or an architect, contractor, subcontractor, and/or material supplier participating during the time of construction.

      (7)   Public Regulation and Information Sign. A sign erected by a public authority, utility, or public service organization upon the public right-of-way or, when required by law, on private property and which is intended to control traffic, direct, identify, warn, or inform the public or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy. Such signs include “No Parking Fire Lane.”

      (8)   Temporary Sign. A sign which is designed to be used only temporarily and is not permanently, or intended to be permanently, attached to a building, structure or on the ground.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   The regulations contained in this chapter shall apply to signs outside of the public right-of-way, except when specifically stated otherwise.

   (b)   A sign shall only be erected, established, painted, created, or maintained in Walton Hills in conformance with the standards, procedures, exemptions and other requirements of this chapter. Where a change is made to the sign other than routine maintenance, the sign and its structure shall conform to the regulations in this chapter, as provided for in subsection 1296.10 (d), Termination.

   (c)   Architectural features that are either part of the building or part of a freestanding structure are not considered signs and are thus exempt from these regulations. Architectural features include any construction attending to, but not an integral part of the sign, and which may consist of landscape or building or structural forms that enhance the site in general.

   (d)   The following signs and displays are exempt from the regulations of this chapter:

      (1)   Public regulation and information signs;

      (2)   Building marker;

      (3)   Flags of any nation or government;

      (4)   Any sign inside a building that is not attached to the window or door and is not legible from a distance of more than three feet beyond the lot on which the sign is located;

      (5)   Any work of art that does not display a commercial message;

      (6)   Any religious symbol that does not display a commercial message;

      (7)   Any traffic-control sign, such as "STOP" or "YIELD", located on private property that meets applicable governmental standards pertaining to such signs and does not display a commercial message.

      (8)   Signs integral to and not extending beyond the structural edges of a vending machine, fuel pump, etc.;

      (9)   Holiday decorations displayed for reasonable and customary durations of time; and,

      (10)   Instructional signs provided such signs comply with the following:

         A.   Instructional signs shall be clearly intended, designed and located for instructional purposes, as determined by the Zoning Administrator;

         B.   Each sign shall not be larger than necessary to serve the intended instructional purpose;

         C.   The sign is not in a location and does not possess design characteristics that constitute or serve the purposes of an identification sign; and,

         D.   If the Zoning Administrator determines that the proposed sign(s) does not serve instructional purposes, it shall be considered a freestanding or wall sign, as applicable, and subject to the pertinent regulations in this chapter.

(Ord. 2009-17. Passed 9-15-2009.)

   The following regulations shall control the computation and measurement of sign area, sign height, window area, and building frontage:

   (a)   Determining Sign Area or Dimension.

      (1)   Sign area shall include the face of all the display area of the sign. Sign area shall not include the frame and structural support, except as provided for in subsection 1296.04(a)(4) B.

      (2)   For a sign that is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of not more than three geometric shapes that encompasses the entire area of the sign including the background or frame.

      (3)   For a sign comprised of individual letters, figures or elements on a wall or similar surface of a building or structure, or an irregular shaped freestanding sign, the area of the sign shall be the area of not more than three regular geometric shapes that encompass the perimeter of all the elements in the display.

         A.   When separate elements are organized to form a single sign, but the elements are separated by open space, the area of the sign shall include all the display areas, including the space between the elements.

         B.   Up to five percent of the permitted sign area may be considered minor protrusions, and extend outside of the maximum limitation of three geometric shapes and are, therefore, exempted from being included as part of the sign area. See Figure 1, Calculation of Open Space and Area of Minor Protrusion.

      (4)   For freestanding signs and projecting signs.

         A.   The sign area shall be computed by the measurement of one of the faces when two identical display faces are joined, are parallel, or within thirty degrees of being parallel to each other and are at no point separated by a distance that exceeds three feet apart. For any sign that has two display surfaces that do not comply with the above regulation or has more than two display surfaces, then each surface shall be included when determining the area of the sign.

         B.   For freestanding signs, the portion of a solid sign base up to a maximum height of four feet, shall not be calculated as sign area.

   (b)   Determining Sign Height. The height of a freestanding sign shall be measured from the base of the sign at its point of attachment to the ground to its topmost element. However, if the support of a freestanding sign is placed on a graded earth mound or located at an elevation different from the nearest public street, the sign height shall be measured from the surrounding natural grade, as determined by the Zoning Administrator.

   (c)   Determining Building Frontage and Building Unit. For the purposes of these sign regulations, the length of the building wall that faces a public street, that faces a public parking lot, or that contains a public entrance to the uses therein shall be considered the building frontage. Each building frontage shall be entitled to the sign area permitted in this chapter.

      (1)   The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls.

      (2)   In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.

      (3)   For multi-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.

      (4)   The primary frontage shall be defined as the portion of a frontage that serves as the main access point to a building or building unit, except as provided for in subsection 1296.04(c)(5). A site/building will be considered to have secondary frontage when any of the following site/building characteristics are present: (See Figure 2, Illustration of Primary and Secondary Frontage.)

         A.   The subject site is a corner lot;

         B.   The primary parking area is not located adjacent to a public street; and,

         C.   The building or unit has walls with ingress and egress that do not face the public street.

      (5)   When a site has primary and secondary frontage, as defined in subsection 1296.04 (c)(4), the property owner shall determine which wall shall be the primary building frontage and which wall(s) shall be the secondary building frontage. Only one outside wall of any business shall be considered its primary frontage. Any business, business unit, and/or building shall be limited to two secondary frontages.

Figure 2
Illustration of Primary & Secondary Frontage

   (d)   Determining Window Area. The window area of a building shall be the total glass area of windows on the building frontage. For the purposes of determining window area for ground floor occupants, the ground floor shall be considered to be no more than fifteen feet in height above grade.

(Ord. 2009-17. Passed 9-15-2009.)

   Signs in non-residential districts shall conform to the standards set forth in this section.

   (a)   Maximum Number and Area of Permanent Signs Attached to Buildings. Permanent signs attached to buildings shall conform to the maximum number and area limitations set forth in Schedule 1296.05(a).

 

   (b)   Building Signs. The building signs permitted in Schedule 1296.05(a) shall be a wall sign, an awning/canopy sign, or a projecting sign erected in compliance with the following additional regulations in this subsection. Window signs shall also comply with the following.

      (1)   Window Signs. Notwithstanding the permitted area set forth in Schedule 1296.05(a), a permanent, window sign shall not exceed thirty percent of the total glass area of each ground floor window, except as provided for in subsection 1296.05 (b)(4), Signs for Upper Floor Units.

      (2)   Sign Bonuses for Large Building Setbacks. The maximum allowable area for a building sign may be increased by twenty-five percent for each one hundred feet or fraction thereof of building setback when the principal building is located more than 100 feet from the principal street right-of-way on which the building is located and the building is visible from the street, not to exceed 200% of the maximum allowable area.

      (3)   Sign Bonuses for Corner Lots and Side or Secondary Entrances. The maximum allowable area for building signs shall be increased beyond the allowable area set forth in Schedule 1296.05(a) in compliance with the following:

         A.   Additional area shall be permitted when a building has a secondary frontage as determined in subsection 1296.04(c), Determining Building Frontage and Building Unit.

         B.   The increased sign area for each secondary building frontage shall be fifty percent of the sign area permitted for the primary frontage, provided that the additional sign area is utilized only on the secondary building frontage.

         C.   At the owner's discretion, some or all of the sign area permitted for the primary frontage may be transferred to a secondary frontage, provided that the resulting total area on the secondary frontage does not exceed the maximum area that would have been permitted on that elevation if it had qualified as the primary frontage.

      (4)   Signs Upper Floor Units. Each establishment located on an upper floor of a building shall be entitled to one wall or window sign. Such sign shall be in addition to signs and maximum sign area permitted by Schedule 1296.05(a) and shall be limited in area to a maximum of twelve square feet. Such sign shall be a minimum of five feet from another sign.

      (5)   Signs for Rear Entrances. In addition to the signs and maximum sign area permitted by Schedule 1296.05(a), each building or building unit shall be entitled to one wall, window, awning or canopy identification sign not exceeding six square feet in area and located at a rear entrance, as designated by the business owner or proprietor.

      (6)   Projecting Signs in the B-1 District. Notwithstanding the permitted area set forth in Schedule 1296.05(a), in the B-1 District, projecting signs are permitted in compliance with the following:

         A.   Projecting signs shall be limited to occupants that have a minimum of twenty feet of building frontage.

         B.   All projecting signs shall have a maximum height of fourteen feet and a minimum clearance of eight feet from the ground to the bottom of the sign, except when the projecting sign is located above a landscaped area or other area that does not permit pedestrian or vehicular traffic or parking beneath the sign.

         C.   A projecting sign shall not extend into any street right-of-way.

         D.   No portion of a projecting sign, including the frame and all supports, shall extend more than five feet from the building wall to which it is attached.

   (c)   Permanent Freestanding Signs. Permanent freestanding signs permitted in non-residential districts shall comply with the following regulations:

      (1)   Maximum Number, Area and Height, Minimum Setback of Permanent Freestanding Signs. Permanent freestanding signs shall comply with the maximum number, area, and height limitations and minimum setbacks set forth in Schedule 1296.05(b).

 

      (2)   Additional Freestanding Signs for Large Lots. The number of freestanding signs on large lots may be increased as follows. The allowable sign area permitted by this Section may be distributed to one or more freestanding sign(s) for each two hundred feet of lot frontage or fraction thereof. The total area of all freestanding signs shall comply with Schedule 1296.05(b). (For example, a lot with four hundred feet of frontage would be permitted to have two freestanding signs). See Figure 3, Illustration of Additional Freestanding Signs for Large Lots.

      (3)   Signs On Lots with Multiple Public Street Frontages. For lots that have frontage on multiple public streets, each street frontage shall be calculated separately. The allowable sign area permitted by this Section may be distributed to one or more freestanding sign(s) for each 200 feet of lot frontage or fraction thereof. The total area of all freestanding signs shall comply with Schedule 1296.05 (b). Two signs may be aggregated into a single sign provided that the area of any freestanding sign face shall not exceed 175% of the maximum area permitted for a single sign.

      (4)   Minimum Separation of Freestanding Sign. Freestanding signs on the same lot shall be separated by a minimum of 200 feet, as measured along the street right-of-way line. For corner lots, both primary and secondary sides of the intersection shall be used in measuring spacing.

      (5)   Minimum Sign Setback from Intersection. On corner lots, freestanding signs shall comply with the minimum sign setback from both street rights-of-way, as set forth in Schedule 1296.05(b).

      (6)   Landscaping. Freestanding signs shall be erected in a landscaped setting and not on sidewalks, drives or in parking lots. Neither the landscaping nor the freestanding sign shall obstruct the view of vehicles entering or exiting the property.

      (7)   Multi-Occupant Facilities. When a freestanding sign is permitted on a site that has more than one occupant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building(s), the anchor occupant, all occupants, or some combination thereof.

      (8)   Industrial Parks. In addition to the signs otherwise permitted, an industrial park developer may erect a development identification sign for an industrial park subject to the following:

         A.   The maximum sign face area per side shall be seventy-five square feet.

         B.   The maximum height shall be fourteen feet.

         C.   Such sign shall be located at a vehicular entrance to the industrial park and shall conform to the setback regulations for other freestanding signs as stated in Schedule 1296.05(b) of this section. However, if an industrial park identification sign is displayed, no other freestanding identification sign in the development shall be located within 100 feet of an arterial road.

   (d)   Temporary Signs In Non-residential Districts. The following regulations for temporary signs in non-residential districts are in addition to the maximum sign area and height regulations set forth in Schedule 1296.05(b).

      (1)   Project Construction Signs. A project construction sign for a development project shall be permitted only in compliance with the following:

         A.   One project construction sign shall be permitted for each street on which the lot has frontage.

         B.   Such sign shall be located on the subject site and shall not be located in any street right-of-way.

         C.   A project construction sign shall be erected and maintained on a lot only during the period of time that the parcel is up for sale, rent, or lease or the building project is under construction. Such temporary sign shall be removed within two business days of installation of the permanent identification sign.

         D.   The maximum sign area shall be thirty-two square feet.

      (2)   Special Event Signs. Special event signs shall comply with the following:

         A.   A temporary sign, whether a freestanding sign or a banner attached to the front of the building shall be permitted for a period not to exceed twenty-one days and not more than four times per calendar year. Such signs may be permitted for a period longer than twenty-one days only when the Planning Commission approves an extended time frame.

         B.   The maximum area for freestanding or a banner sign shall be twenty-five square feet. The maximum height for freestanding signs shall be six feet.

         C.   Special event signs shall be located near the entrance of the tenant store announcing the event, if applicable. Special event signs shall not be located off-premise from the location of the event and shall not be located in the public right-of-way.

      (3)   Sandwich Board Signs. Sandwich board signs and similar types of temporary signs shall be permitted in all commercial zoning districts. Such signs shall be placed in such a manner as to touch the face of the building and/or tenant store erecting such a sign and shall not encroach upon the public right-of-way. Such signs shall not exceed three feet in height or two feet in width. Sandwich board signs shall be placed indoors at the close of each business day.

      (4)   Non-illuminated, Temporary Political, Election Issue or Election Question Signs. See Section 1296.06(c)(4).

      (5)   Non-illuminated Temporary Signs for Leasing, Real Estate, Political Expression or Job Openings. Non-illuminated, temporary signs for leasing, real estate, political expression, job openings and similar types of temporary signs shall be permitted all commercial and industrial zoning districts. The maximum total area of all such signs shall be thirty-two square feet with a maximum of two temporary signs permitted.

      (6)   Mobile Signs and Moveable Signs. Signs affixed to motor vehicles, and not painted or decaled thereon, shall be limited to twelve square feet in area. The sign area set forth herein, shall be determined by adding together the surface area of each visible sign surface.

      (7)   Setbacks. All temporary freestanding signs shall be located no closer than five feet from the street right-of-way line and ten feet from a side lot line, unless specifically regulated otherwise.

      (8)   Illumination. Temporary signs shall not be illuminated.

      (9)   Temporary Sign Permit Required. Except those signs enumerated in subsections 1296.05 (d) (4) and (5), temporary signs shall only be permitted in a non-residential zoning district by a temporary sign permit only. Prior to granting such a permit, the applicant shall submit an application, including:

         A.   A photograph or sketch of the proposed sign to scale, illustrating all graphics and colors used, the size and height of the temporary sign, the times of day it will be shown and the number of days the temporary sign will be erected;

         B.   A site plan showing the exact location of each sign in relation to the building and the site; and,

         C.   Details and specifications for construction, erection, and attachment as may be required by the Building and Housing Code.

(Ord. 2009-17. Passed 9-15-2009.)

   Signs for all residential uses and for non-residential uses in the Country Home District shall comply with the regulations set forth in this section.

   (a)   Sign Standards. Signs for all residential uses and for non-residential uses in the Country Home District shall be limited in number, area, height and setback based on the type of use, as set forth in Schedule 1296.06(a).

 

   (b)   Supplemental Regulations for Permanent Freestanding Signs.

      (1)   Freestanding signs shall be erected in a landscaped setting and not on sidewalks, drives, or in parking lots.

      (2)   No part of a freestanding sign, the wall or entry feature on which a sign is mounted, or the landscaping shall obstruct the view of vehicles entering or exiting the property.

      (3)   Development Identification Sign. For residential subdivisions, the freestanding sign shall have a maximum of two sign faces per entrance and be either a double-faced freestanding sign or two single-sided sign faces attached to walls or entry features located one on each side of the street entrance.

      (4)   For non-residential uses, one additional primary freestanding sign shall be permitted for every five hundred feet of street frontage or fraction thereof per lot greater than 500 feet. For corner lots, each street frontage shall be calculated separately. Freestanding signs on the same lot shall be separated by a minimum of 200 feet, as measured along the street right-of-way line. For corner lots, both sides of the intersection shall be used in measuring spacing.

      (5)   For non-residential uses, a maximum of thirty percent of the permitted freestanding sign area may be devoted to changeable copy.

         A.   The changeable copy shall not be changed more than once per day.

         B.   Changeable copy may be either computer driven or manually changed.

   (c)   Supplemental Regulations for Temporary Signs. Temporary signs are permitted subject to the following provisions:

      (1)   Temporary signs associated with single-family detached dwellings shall comply with the following:

         A.   Non-Commercial/Political Expression Temporary Signs. Each residential unit shall be permitted to erect two non-commercial/political expression temporary signs either in a window or as a freestanding sign in the front yard. The area of such temporary signs shall not exceed six square feet. The height of such temporary freestanding signs shall not exceed four feet.

         B.   Temporary Signs for Commercial Uses. Temporary signs for commercial uses shall not be permitted in the Country Home District except that two temporary signs promoting a contractor working on-site shall be permitted. Such sign shall be posted on private property for a period not to exceed the duration of the services being provided on the property, and on not more than two separate occasions in any given calendar year. Such signs shall not exceed six square feet in area.

         C.   Real Estate Signs. Two temporary real estate signs, that is signs which offer a property for sale or lease, are permitted at any given time on any one parcel. Such signs may be displayed for an unspecified amount of time and each sign shall not exceed six square feet in area. Such signs shall be posted on private property and shall only be posted on the property being offered for sale or lease. Such signs shall be removed within ten days after said property is transferred, leased, or removed from the real estate listings.

         D.   Open House Signs. Open house signs, that is signs which advertise that a property is available for viewing at a specified time and date, are permitted in street rights-of-way, except all such signs shall be located on the ground and shall not be permitted to be secured to utility poles or other structures. Open house signs shall not be erected more than two days prior to the open house event and shall be removed no later than one day after such event. Open house signs shall not exceed six square feet in area.

         E.   Garage/Yard Sale Signs. Garage/yard sale signs are permitted subject to the following:

            1.   Each housing unit within the Village is entitled to conduct two garage sales per year.

            2.   Two non-illuminated signs per sale are permitted, with each sign being limited to six square feet.

            3.   The signs are permitted to be located off-site from the sale provided that written permission from the property owner, where the sign will be located, is obtained. In addition, garage sale signs may be placed in the public right-of-way in front of the property conducting the sale. All garage sale signs shall be located on the ground and shall not be permitted to be secured to utility poles or other structures. Such signs shall be removed no later than one day after the garage/yard sale.

      (2)   Project Construction Signs. A project construction sign shall be permitted only in compliance subsection 1296.05 (d)(1), Project Construction Signs.

      (3)   Other Temporary Signs for Non-residential Uses. One temporary freestanding sign or one banner attached to the front of the building shall be permitted for a period not to exceed twenty-one days, four times per calendar year. Such signs may be permitted for a period longer than twenty-one days only when the Planning Commission approves an extended time frame. The maximum area shall be twenty-five square feet.

      (4)   Non-illuminated, Temporary, Political, Election Issue or Election Question Signs. Non-illuminated, temporary, political, election issue or election question signs shall not exceed six square feet. A maximum of eight such signs shall be permitted on any zoning lot at any given time. No sign shall be placed without written, property owner consent and shall be removed within fifteen days after such election. No such sign shall be attached to any permanent structure, tree, or utility pole.

      (5)   Illumination. Temporary signs shall not be illuminated.

      (6)   Setbacks. All temporary freestanding signs shall be located no closer than five feet from the street right-of-way line and ten feet from a side lot line, unless specifically regulated otherwise.

      (7)   Registration. Prior to erecting any temporary sign in the Country Home District, except those signs enumerated in subsections 1296.06 (c)(1) A. and C. and subsection 1296.06 (c) (4), the dates of the installation and removal of such signs shall be registered with the Zoning Administrator. There shall be no fee required for such registration.

(Ord. 2009-17. Passed 9-15-2009.)

   All signs not expressly permitted in this chapter shall be prohibited in the Village. Such signs include but are not limited to the following:

   (a)   Private signs located in the public right-of-way, except as otherwise permitted in this Code;

   (b)   Roof signs;

   (c)   Billboards/off-premise signs;

   (d)   Flags intended for advertising or commercial purposes;

   (e)   Flashing, moving, blinker, racer type, intermittent, rotating, moving, animated, or revolving signs, whirligig devices, inflatable signs and tethered balloons, pennants, ribbons, streamers, spinners, exposed light bulbs, and strings of lights not permanently mounted to a rigid background, and other similar types of attention-getting devices;

   (f)   Permanent signs erected or attached to accessory structures, including outdoor furniture, benches, tables, chairs; and,

   (g)   Portable signs.

(Ord. 2009-17. Passed 9-15-2009.)

   In order to facilitate information legibility, traffic safety and general economic vitality, signs should be designed in a manner compatible with the character and style of the buildings on which they are located, and with adjoining buildings and neighboring signs, in terms of color, materials and size. Furthermore, signs shall be designed to be structurally sound and located so as to pose no hazard to pedestrian or vehicular traffic. More specifically, signs shall be designed in accordance with the standards in this section. In addition to ensuring compliance with the numerical standards of these regulations, the Zoning Administrator shall consider the proposed general design arrangement and placement of the sign according to the following criteria:

   (a)   The lettering on a sign shall be large enough to be easily read but not overly large or out of scale with the building upon which it is placed or the site. An excessive amount of information on signs, where visual clutter could create a potential safety hazard to motorists or pedestrians, should be avoided.

   (b)   The sign should be consolidated into a minimum number of elements.

   (c)   The ratio between the message and the background shall permit easy recognition of the message.

   (d)   The size, style, and location of the sign shall be appropriate to the activity of the site.

   (e)   The sign shall complement the building and adjacent buildings by being designed and placed to enhance the architecture of the building.

   (f)   Signs shall be designed with a limited number of, and harmonious use of, colors.

   (g)   Continuity. Signs and their location should be considered in relationship to their surrounding environment. Signs, if seen in series, shall have a continuity of design with the style of sign generally consistent throughout the building or block face.

   (h)   Placement. Wall signs shall fit within any given frame of the architectural design intended for signage. Such signs shall not extend over the edge of the original sign panel space.

   (i)   Materials. Signs shall be fabricated on and of materials which are of good quality, good durability and complementary to the building of which they become part. Outdoor signs and display structures, including the supporting structure and all parts, shall be of noncombustible material when required by the Building and Housing Code. However, wood, approved plastic, or other material not more combustible than wood or approved plastic, may be permitted by the Zoning Administrator, for small ornamental moldings, cappings, nailing strips, individual letters, symbols, figures and insignia.

   (j)   Instructional signs shall contain the minimum information and the minimum area necessary to convey the message and instruct the viewer in the safe and efficient use of the facility.

   (k)   Sign Concept Plan. For multi-tenant buildings and development projects with multiple buildings, the Planning Commission may approve basic sign parameters that set forth the location, size, color, and style of each tenant sign. Such sign parameters will be established when the Planning Commission reviews development plans for new buildings. Whenever the Planning Commission has approved such sign parameters, the Zoning Administrator will ensure any subsequent sign application submitted for a tenant of the development or building complies with such sign parameters.

(Ord. 2009-17. Passed 9-15-2009.)

   The Zoning Administrator shall consider the proposed sign according to the following standards:

   (a)   Illumination. Signs shall be permitted to be illuminated in compliance with the following:

      (1)   Light sources shall be shielded from all adjacent buildings and streets.

      (2)   Lights shall not be of such brightness so as to cause glare that is hazardous to pedestrians or motorists, or cause reasonable objection from the adjacent Country Home District.

      (3)   Signs shall not include flashing, moving, or intermittent lighting in which any part of the message changes at a rate of more than once every ten seconds.

      (4)   The illumination of signs shall not obstruct traffic control or any other public informational signs. Signs visible from sight lines along streets shall not contain symbols or words, or red and green lights that resemble highway traffic signs or devices.

   (b)   Construction Standards.

      (1)   Structural Design. The construction, erection, safety and maintenance of all signs shall be in accordance with the Building and Housing Code enforced by the Village.

      (2)   All signs shall be constructed in a professional manner and shall be structurally sound to withstand wind pressures of at least thirty pounds per square foot of surface area.

      (3)   All signs shall be located and secured so as to pose no threat to pedestrian or vehicular traffic.

      (4)   Permanent signs shall be fabricated on and of materials that are of good quality and good durability.

      (5)   Electric signs and all permanent signs involving structural requirements of the building code shall be installed, repaired, altered and serviced only by a contractor licensed to perform such tasks.

      (6)   No sign shall be erected so as to project over or obstruct any window, door, fire escape, balcony, platform, stairway, ladder, vent or other means of ingress of any building.

      (7)   No sign shall be attached to a utility pole, tree, trash receptacle, bench or other structure not intended or approved as a sign support.

      (8)   Temporary signs shall be durable and weather-resistant, and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.

      (9)   No sign regulated by any of the provisions of this chapter shall be erected in the right-of-way, in proximity to railroad crossings, or at the intersection of any streets in such a manner as to obstruct free and clear vision, or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or which makes use of the words "STOP", "LOOK", "DANGER" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.

      (10)   In the event there is a conflict between the provisions of this Section and the provisions of any applicable building codes, the provisions of the applicable building code shall govern.

   (c)   Maintenance. All signs shall be maintained in accordance with the following:

      (1)   The property owner, occupant, or other person responsible for the sign shall maintain the sign in a condition fit for the intended use and he or she shall have a continuing obligation to comply with all building code requirements.

      (2)   If the Zoning Administrator finds that any sign is unsafe, insecure, a menace to the public, or constructed, erected, or maintained in violation of the provisions of this Zoning Code, notice shall be given in writing by the Zoning Administrator to the owner. The owner of the sign shall, within forty-eight hours of such notification, correct such unsafe condition or remove the sign. If the correction has not been made within the allotted forty-eight hours, the sign may be removed or altered by the Village to comply with these regulations at the expense of the owner or occupant of the property upon which the sign is located. The Zoning Administrator may cause any sign, which, in the Village opinion, creates a danger to persons or property to be removed immediately and without notice at the expense of the owner or occupant of the property upon which the sign is located.

      (3)   The Zoning Administrator may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition. All supporters, guys, braces and anchors for such signs shall be maintained in a safe condition.

      (4)   Abandoned Signs and Failure to Maintain. The face of any permanent sign which advertises a business that has not been conducted on the premises for 180 consecutive days, or fails to serve the purposes for which it was intended, or evidences a lack of maintenance, shall be removed by the owner, agent, or person having the beneficial use of the building, structure, or land upon which such sign is located, within ten business days after written notice by the Zoning Administrator, and the sign area shall be replaced by a neutral, single background color panel or similar cover. If the sign is comprised of individually raised letters, the letters shall be removed and any holes in the building's façade repaired. Upon failure to comply with such notice within the time specified in such order, the Zoning Administrator is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which the sign is located.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   Maintenance of Non-conforming Signs. Non-conforming signs shall be maintained in good condition pursuant to Section 1296.09 (c), Maintenance, and may continue until such sign is required to be removed as set forth in this chapter.

   (b)   Alteration, Relocation or Replacement of Non-conforming Signs. A non-conforming sign shall not be structurally altered, relocated, or replaced unless it is brought into compliance with the provisions of this chapter, except as otherwise permitted in this chapter.

   (c)   Reconstruction of Damaged Sign. If a sign face and/or its support is damaged to the extent where the repair cost exceeds fifty percent of the replacement cost of the sign, the sign shall be removed or brought into compliance with this chapter. If the repair costs do not exceed fifty percent of the replacement cost of the sign, the sign may be repaired, subject to approval by the Zoning Administrator.

   (d)   Termination. A legal non-conforming sign shall immediately lose it legal non-conforming status, and therefore shall be brought into conformance with this chapter or removed, when any of the following occur:

      (1)   The size, shape, and/or cabinet of the sign is changed; or

      (2)   The building to which the sign is accessory is renovated or remodeled to the extent that more than fifty percent of the gross floor area is removed or replaced, or otherwise affected by renovation or remodeling; or

      (3)   The building is expanded and the total sign area permitted for the expanded building is more than fifty percent greater than the existing sign area; or,

      (4)   When ten years have elapsed from the effective date of this provision, which effective date is September 15, 2009.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   Compliance with this chapter. No person shall erect, locate, move, alter, or replace any sign or cause a sign to be located or maintained, unless all provisions of this chapter have been met.

   (b)   Any proposed sign that is not in compliance with the objective standards in this chapter may be reviewed by the Planning Commission. When reviewing the appropriateness of such deviation from the regulations herein, the Planning Commission shall approve such sign only when it determines that:

      (1)   The sign is of such size and scale to be appropriate for the size of the building and the portion of the building (panel, fascia, wall, etc.) and/or lot on which the sign will be placed.

      (2)   The proposed sign is the minimum of relief necessary to assure it is legible to the intended viewers that are typically the passing motorists.

      (3)   The additional sign, the additional sign area, the alternative location that is proposed, and/or the design of the proposed sign will not adversely impact the adjacent residential areas or, otherwise, compromise any other public interests.

   (c)   In advance of a specific sign application being submitted, an overall sign plan may be submitted by a property owner for consideration of a unique or creative sign proposal that deviates from the objective requirements of this chapter for a building or group of buildings. Such sign plan shall be considered by the Planning Commission utilizing the criteria in subsection (b) above. Once a sign plan has been approved, then individual signs, whether new or replacement signs may be approved administratively when the Zoning Administrator determines that the proposed sign is in compliance with the approved plan.

   (d)   Application, Administrative Review, and Approval of Signage Proposals.

      (1)   An application for a permit to erect, place, paint, move or alter a sign shall be made by the owner or lessee of the property for which a sign is proposed. The application shall be submitted to the Zoning Administrator on forms furnished by the Village and shall be made either separately or with the application for a permit for a building and otherwise in accordance with the Building and Housing Code. The fee for a sign permit shall be established by separate ordinance. The permit fee may be waived in the case of a sign alteration or replacement requested by the Village in order to bring a legal non-conforming sign into conformance with this chapter.

      (2)   Each application shall present the following information, through use of photographs and color drawings, at a scale that clearly shows details and design of the sign.

         A.   The design and colored layout of each sign proposed, including the total area of all signs and the area, height, character, material, color and type of lettering or other symbols of individual signs;

         B.   Photographs or drawings of the building for which the signs are proposed and photographs of surrounding buildings, signs and uses. Also included shall be the width of the building or building unit face or faces and the lot dimensions.

         C.   The number and types of lamps and lens material to be used in any illuminated sign and data showing that the illumination meets the standards established in subsection 1296.09(a).

         D.   A site plan showing the exact location of each sign in relation to the building and property; and

         E.   Details and specifications for construction, erection and attachment as may be required by the Building and Housing Code.

      (3)   When any person, other than the owner of the property, submits a sign application, the owner of the property or a designated agent for the owner shall also sign such application.

      (4)   All signage proposals requiring a permit shall be reviewed administratively by the Zoning Administrator for compliance with the design criteria, construction standards, maintenance, and all other applicable regulations in this chapter.

      (5)   Approved signage proposals will receive from the Zoning Administrator a sign permit.

   (e)   Schedule 1296.11 - Administrative Requirements.

 

(Ord. 2009-17. Passed 9-15-2009.)