A.   Minimum Requirements: In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

   B.   Existing Laws: Where a condition imposed by any provision of this title upon the: 1) use of land or buildings, 2) bulk of buildings, 3) floor area requirements, 4) lot area requirements, and 5) yard requirements, is either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule or regulation of any kind, the regulation which is more restrictive or which imposes higher standards or requirements shall govern.

   C.   Existing Agreements: This title is not intended to abrogate any easement, covenant or agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this title shall govern. (Ord. 2010-04-07, 4-1-2010)

   A.   Allowable Use Of Land Or Buildings: The following uses of land or buildings are located in the districts indicated in chapters 4, 5, 6 and 7 of this title, under the conditions specified in this title.

      1.   Uses lawfully established on the effective date hereof.

      2.   Permitted uses as designated in chapters 4, 5, 6 and 7 of this title.

      3.   Special uses as designated in chapters 4, 5, 6 and 7 of this title.

   B.   Prohibited Use Of Land Or Buildings: No building or tract of land shall be devoted to any use other than one which is specified as a permitted or special use in chapters 4, 5, 6 and 7 of this title in the zoning district in which such building or land is located.

However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and where construction has commenced within six (6) months of such effective date and has been diligently prosecuted toward completion, said building or structure may be completed in accordance with the approved plan on the basis of which the building permit was issued, and further, may upon completion, be occupied under a certificate of occupancy by the use originally designated, subject to the provisions of chapter 8 of this title.

   C.   Nonconforming Buildings, Structures And Uses: No building, structure or use, not lawfully existing at the time of the adoption of this title, shall become or be made lawful solely by reason of the adoption of this title; and to the extent that, and in any manner, said unlawful building, structure or use is in conflict with the requirements of this title, said building, structure or use remains unlawful hereunder. (Ord. 2010-04-07, 4-1-2010)

   A.   Use: No dwelling unit or other building or structure, or part thereof, shall be erected, raised, moved, reconstructed, extended, enlarged, or altered except in conformity with the regulations herein specified for the district in which it is located, except:

In residence districts, a nonconforming lot of record, even though not meeting the minimum requirements of this title as to area and/or width may be used for construction of a single-family residence, subject to the requirements of section 10-2-5 of this chapter provided the use conforms with all other regulations of the district in which it is located.

   B.   Uses Not Specifically Permitted In District: When a use is not specifically listed in the sections devoted to permitted uses, it shall be assumed that such use is hereby expressly prohibited unless the village board of trustees determines that said use is similar to and not more objectionable than uses listed. Such use may then be permitted.

   C.   Prohibited Uses: The following uses are prohibited:

      1.   Parked Vehicles In Unimproved Lots: No parking of any vehicle or trailer is permitted anywhere on an unimproved lot unless specifically allowed as an accessory use to a permitted or special use (e.g., lots providing accessory parking to park sites). (Ord. 2010-04-07, 4-1-2010)

   A.   General Requirements: All new buildings shall conform to the bulk regulations except as established herein for the district in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or further conflict with the bulk regulations of this title for the district in which such building shall be located.

   B.   Yards, Courts And Other Open Space:

      1.   Maintenance: The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts or other open space or minimum lot area allocated to any building, shall by virtue of change of ownership or for any reason be used to satisfy yard, court or other open space, or minimum lot area requirements for any other building.

      2.   Location: All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

   C.   Division Of Zoning Lots: No improved zoning lot shall hereafter be divided into two (2) or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

   D.   Required Yards For Existing Buildings:

      1.   No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below or further reduced below if already less than the minimum yard requirements of this title for equivalent new construction.

      2.   For an existing street frontage between intersecting streets where fifty percent (50%) or more of its existing improved lots contain structures, the front yard setback for any proposed structures, whether on existing lots or new lots resulting from subdivision, shall be the mean of the front yard setbacks of the existing structures within the contiguous four hundred feet (400') of common street frontage but not extending across an intersecting street. However, at no time shall any yard setback be established that does not meet the minimum standard of the applicable zoning district, except as expressly permitted by this title. (Ord. 2010-04-07, 4-1-2010)

   A.   Contiguous Lots: When two (2) or more contiguous lots of record or parts of lots of record, one or both of which are substandard with respect to lot width and/or area for the regulations of the district in which they are located are in the same ownership or control as defined in this title and are in combination of such a size as to constitute at least one conforming zoning lot, such lots of record or portions thereof shall, for purposes of this title, be regarded as one zoning lot. Any development of that resulting zoning lot must be in conformity with all the regulations of the district in which it is located. If the resulting zoning lot exceeds the minimum requirements of the district in which it is located, the zoning lot may be subdivided into additional zoning lots so long as each resulting zoning lot meets or exceeds the minimum requirements of the district in which it is located. Such contiguous substandard lots of record in such common ownership or control on the effective date of this title shall be considered as being one or more conforming zoning lots for purposes of this title whether or not such common ownership or control ceases to exist.

   B.   Division Or Sale Of Improved Lots: No zoning lot improved with a dwelling unit or other principal building or structure shall thereafter be divided into two (2) or more lots, and no portion of any zoning lot which is improved with a dwelling unit or other principal building or structure shall be sold unless all zoning lots resulting from each division or sale and improved with a dwelling unit or other principal building or structure conform to all of the bulk regulations of the zoning district in which they are located.

   C.   Reduction In Dimensions: No yard or zoning lot shall be reduced in dimension or area so that the lot width, lot frontage, lot area, yards, or required open space become less than the minimum requirements set forth herein. Yards, zoning lots, parcels, or subdivision lots of record created after the effective date of this title shall meet at least the minimum requirements set forth herein. (Ord. 2010-04-07, 4-1-2010)

   A.   Applicability: The following standards shall apply to all nonresidential land uses when there are applications for building permits, rezoning, special use permits and planned developments unless otherwise approved by the village board.

   B.   Standards Of Development:

      1.   Setback, Bulk And Sign Regulations: Principal and accessory buildings and structures shall comply with yard and setback requirements; floor area and height limitations; and sign regulations, applicable to the district in which the use is located.

      2.   Vehicular Access:

         a.   Points of vehicular ingress and egress to the site shall be limited to maximize the safety and operational efficiency of Winfield's major and collector roadways.

         b.   The location, number and design of access drives shall be reviewed by the engineer for the village, and coordinated with adjacent uses and properties, to provide for safe and efficient movement of vehicles. Where possible, cross easements between properties shall be provided, to minimize the number of drives required on adjacent public streets.

      3.   Pedestrian Access:

         a.   Sidewalks, not less than five feet (5') wide, shall be provided along streets and access drives to provide safe pedestrian access to and from Winfield's business and industrial districts.

         b.   Where parking is proposed to be located perpendicular to an adjacent sidewalk, walks shall be increased to a minimum of six and one-half feet (61/2') in width.

      4.   Off Street Parking And Loading:

         a.   Parking and loading spaces and drive aisles shall be provided in accordance with the provisions of chapter 9 of this title.

         b.   Plans shall demonstrate compliance with the Illinois accessibility code and Americans with disabilities act, as may be amended from time to time.

      5.   Screening: Where a nonresidential use abuts, or is across the street from a residential or institutional use, screening shall be provided in accordance with the following:

         a.   A landscaped berm, fence, wall or combination thereof shall be installed to provide year round screening. Placement of the landscape screen shall not impair the safety of pedestrian or vehicular traffic.

         b.   Where off street parking is visible from a public right of way, screening shall be at least three feet (3') high upon installation, as measured from the surface elevation of the closest parking surface.

         c.   Where off street parking or loading abuts a residential or institutional use, screening shall be not less than five feet (5') high upon installation.

         d.   Landscape plantings shall be kept alive and in good condition, or replaced. Any property owner that does not maintain required screening in accordance with approved plans shall be subject to fines as described within section 10-11-8 of this title.

         e.   Screening shall be incorporated into a landscape plan prepared for the project, shall require review and recommendation of approval by the village board and shall be in compliance with the provisions of this title, including, but not limited to, those within chapter 9 of this title.

      6.   Landscaping: A landscape plan, prepared by a licensed landscape architect, shall be submitted for all projects involving sites in excess of one acre or a new structure in excess of two thousand (2,000) square feet. The plan shall be subject to review and approval by the village board.

         a.   All areas of the site, which are not paved, shall be landscaped with trees, shrubs, ground cover and/or flowers to:

            (1)   Slow surface water runoff.

            (2)   Restrict blowing trash and litter.

            (3)   Deter improper access or site use by the public.

            (4)   Improve the visual quality of the site.

         b.   The landscape plan shall include identification of species, size and location of plant materials and all other landscape treatments including, but not limited to:

            (1)   Berms.

            (2)   Fences.

            (3)   Ground covers.

            (4)   Ornamental or accent lighting.

            (5)   Paving materials.

            (6)   Limits of seed and/or sod.

         c.   Trees and shrubs shall be keyed into a plant list.

         d.   Upon installation, trees shall not be less than the following sizes:

            (1)   Shade: Three inch (3") caliper, minimum, as measured twelve inches (12") above grade.

            (2)   Evergreen: Six feet (6') tall, minimum.

            (3)   Ornamental:

               (A)   Single stem: Two and one-half inches (21/2") caliper, minimum, as measured twelve inches (12") above grade.

               (B)   Multistem: Six feet (6') tall minimum.

         e.   All plant materials shall be kept alive and in good condition or shall be replaced.

         f.   Provision shall be made for perimeter landscaping through the use of plant materials, unless otherwise recommended by the plan commission and approved by the village board. Such screening shall include:

            (1)   The first thirty feet (30') of a front yard. Parking and parallel drive aisles shall not be permitted in this minimum thirty feet (30').

            (2)   A minimum ten foot (10') wide perimeter yard around the side and rear property lines, where a business or industrial use abuts another business or industrial use.

            (3)   A minimum twenty five foot (25') wide perimeter yard around the side and rear property lines, where a business or industrial use abuts a residential or institutional use.

            (4)   Shade and/or evergreen trees shall be installed in these yards, at a ratio of not less than one tree for every thirty (30) linear feet of perimeter yard. Trees may be informally clustered or grouped, rather than equally spaced.

      7.   Lighting:

         a.   Exterior lighting proposed for use on the site shall be planned, erected and maintained so that light is confined to the property, and does not cause direct glare or light spillage on adjacent properties or public rights of way.

         b.   A point by point photometric plan shall be submitted for parking lots containing more than forty (40) spaces that demonstrates:

            (1)   Average maintained illumination between one and three (3) foot-candles.

            (2)   Not more than 0.5 foot-candle beyond property lines except within thirty feet (30') of entrances/exits.

         c.   Light fixtures shall be designed to aesthetically relate to the character of the development.

         d.   Plans for parking lot, security, landscape and other building accent lighting shall be subject to review and approval by the village.

      8.   Mechanical Equipment: All roof mounted mechanical equipment including, but not limited to, heating, ventilating and air conditioning units (HVAC) shall be fully screened from public view on all sides of the building:

         a.   Screening shall be accomplished by the roof structure or parapet walls, unless otherwise recommended by the plan commission and approved by the village board.

         b.   Screening shall be designed to blend with, and complement the architecture of the building.

         c.   The height of the parapet walls, roof structure, or other approved method of screening shall equal the height of the tallest rooftop unit installed on the building.

      9.   Utility Meters/Transformers:

         a.   Wall mounted utility meters and ground supported transformers shall be painted to match the building.

         b.   If visible to the public, meters and transformers shall be screened by landscaping which, upon installation, shall equal the height of the tallest meter or transformer.

      10.   Trash Enclosure:

         a.   Trash receptacles shall be enclosed by masonry walls or quality wood fencing, designed to match the building.

         b.   Enclosures shall be constructed to be equal to or taller than the height of the tallest bin proposed for use.

         c.   Trash enclosures shall be provided with gates to contain blowing trash, and a concrete pad and approach apron.

      11.   Outdoor Storage:

         a.   All business, services, storage, merchandise display and processing shall be conducted entirely within an enclosed building, with the exception of:

            (1)   Off street parking and loading areas.

            (2)   Open sales lots.

            (3)   Outdoor sales of products for automobile service stations, provided they are related to servicing motor vehicles.

         b.   All outdoor storage facilities for accessory uses and products shall be enclosed by a fence, wall or plant materials adequate to conceal such facilities from adjacent properties and public rights of way. (Ord. 2010-04-07, 4-1-2010)

   A.   Permitted Obstructions, Yards: The following accessory buildings, structures and uses are permitted and may be obstructions in required yards as follows:

 

 

 

   B.   Accessory Buildings Or Structures, Including Towers And Signs:

      1.   Requirements For Buildings And Structures Other Than Towers And Signs:

 

         c.   Height: No accessory building or portion thereof shall exceed seventeen feet (17') in height unless otherwise permitted as accessory to business and limited industrial uses or to authorized special uses.

         d.   Compatible Use: Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use, and shall not include the keeping, propagation or culture of pigeons, poultry, livestock or nondomesticated animals, whether or not for profit; except, that horses for the private use of residents and their social guests are permitted in residence districts but only under the following conditions:

            (1)   Minimum Lot Area; Limitations On Number Of Horses:

               (A)   No horse shall be housed or kept overnight (sunset to sunrise) on a lot of less than eighty seven thousand (87,000) square feet in area.

               (B)   Not more than two (2) horses shall be housed or kept overnight (sunset to sunrise) on a lot of eighty seven thousand (87,000) square feet in area but less than one hundred seventy four thousand (174,000) square feet in area.

               (C)   Not more than four (4) horses shall be housed or kept overnight (sunset to sunrise) on a lot of one hundred seventy four thousand (174,000) square feet in area or more.

A foal is not considered a horse for purposes of the foregoing lot size limitations in subsections B1d(1)(A) and B1d(1)(B) of this section, but only in these two (2) subsections, until it is seven (7) months old.

All definitions of lot sizes shall be exclusive of road easements.

            (2)   Limitation Of Keeping Horses And Exercise: No horse and no corral, ring or enclosure for the containing of a horse, shall be kept, located or maintained closer than thirty five feet (35') from any lot line.

            (3)   Accessory Building And Exercise Area:

               (A)   No accessory building used for the housing, training or keeping of a horse shall be located:

   (i)   Closer than sixty feet (60') from any lot line.

   (ii)   Closer than ten feet (10') to the nearest septic field or drain field tile line.

               (B)   All accessory buildings used for the housing, training or keeping of a horse shall contain a minimum stall area of one hundred (100) square feet for each horse plus a minimum fifty (50) square feet for food and tack.

               (C)   No horse exercise ring, corral, pasture or other open area for training or keeping of horses shall be located over any septic tank or drain field tile line. All such areas shall be suitably fenced so as to contain the horse in such a manner as to protect abutting properties from trespass by the horse and to provide protection without danger or injury to the animal itself.

      2.   Towers: Towers are allowable as accessory structures if the following criteria are met:

         a.   Except as hereinafter provided in subsection B2b of this section: 1) no part of any tower shall project through a horizontal plane more than fifteen feet (15') above the maximum building height for the zoning district in which it is located; except, that if the tower is designed to extend and retract, then it may be extended temporarily beyond that maximum transmitting signals; and 2) the setback for the base of any tower in excess of six feet (6') in height above grade shall be a minimum of ten feet (10') from all property lines and any public easements; for towers between six feet (6') and thirty five feet (35') in height, the minimum setback shall increase by one foot (1') for every three feet (3') of increased tower height. All horizontal elements of the tower shall be set back a minimum of ten feet (10') from all property lines and any public easements. The setback for the base of any tower six feet (6') in height or less above grade shall meet the requirements of subsection B1 of this section.

         b.   Communications towers shall be allowed only as an accessory use to authorized utility and public service special uses. Such accessory uses shall not require an amendment of the original special use permit for the principal use. The height and setback limitations set forth in subsection B2a of this section shall not apply if the tower is located on an existing water tower or other municipal property.

         c.   All towers shall be in compliance with all adopted codes and ordinances of the village as well as any current applicable rules and regulations of the FCC and/or FAA and the "Electronic Industries Association Manual On Structural Standards For Steel Antenna Towers And Antenna Supporting Structures", document RS-222C (revision of RS-222-B), dated March 1976, or as amended.

      3.   Signs: All signs shall comply with the standards of title 9, chapter 3 of this code, unless specifically exempted in accordance with the provisions of this title.

Not more than one principal building shall be located on a single lot, nor shall a principal residential dwelling be located on the same zoning lot with any other principal building, except as expressly permitted by this title. (Ord. 2010-04-07, 4-1-2010)

   A.   Temporary Real Estate Office: A temporary real estate office may be allowed in conjunction with a new housing development prior to the construction of a model home. Such an office shall be limited to the selling or renting of new units in such development and shall in no case to be in operation for more than one year or until the construction of the first model home or the construction of the first dwelling unit, whichever first occurs.

   B.   Temporary Model Homes: Temporary model homes (and temporary offices within model homes) utilized for the sale or rental of units within an existing development (including other subdivided land abutting such development) may be constructed as an integral part of a development site, subdivision or planned development, subject to the following conditions:

      1.   All single-family model homes must be located on a thoroughfare.

      2.   The use as a model home (and temporary offices within model homes) shall be permitted for a period not to exceed sixty (60) days after the sale of the last unit within the development site.

      3.   There shall be no vehicular access to any thoroughfare other than a local residential street.

      4.   Provision for the parking of four (4) vehicles per model home shall be provided within the development site, subdivision or planned development. Following the termination of the temporary building permit, the access and parking for each former model home shall meet all applicable standards of this code.

      5.   A model home shall not be used as a construction office but may include a sales office.

      6.   No construction equipment is to be stored in any model home or anywhere on a model home site.

      7.   Display illumination for any model home shall not be allowed between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M.

   C.   Other Temporary Buildings: Other temporary structures, such as stages, merchandise shelters or storage areas, if related to a permitted temporary use, may be allowed by recommendation of the plan commission and approval of the village board. (Ord. 2010-04-07, 4-1-2010)

The following uses of land are permitted in each zoning district (unless specifically restricted to a particular zoning district), provided that such uses do not pose a safety hazard to pedestrians or motorists, do not interfere with the use and privacy of adjacent properties, comply with all applicable yard requirements of this title, and meet all requirements noted below:

   A.   Circus, Carnival, Picnic Or Organized Activity: Permitted when conducted outdoors or in a tent and sponsored by a religious, civic or institutional not for profit group for a period not to exceed one week.

   B.   Construction Yard: Permitted for the installation, maintenance and operation of facilities used by contractors in the ordinary course of construction related to a parcel of land of which the temporary construction yard is an integral part. Such facilities shall be located not less than five hundred feet (500') from any building that is used as a residential dwelling and is not part of the development site, subdivision - planned development. A temporary construction yard shall not be permitted for a period to exceed the duration of the construction for the development site.

   C.   Existing Building(s): Any existing principal building or accessory structure located within the development site may be utilized for office space or for the enclosed storage of equipment and/or building supplies associated with the development of the site, provided such temporary use of existing buildings shall not exceed the duration of the construction for the development site.

   D.   Seasonal Sales Of Christmas Trees: Permitted during the six (6) week period immediately preceding Christmas in any calendar year. Such a temporary use shall be allowed only on premises wherein commercial uses are not permitted uses, as defined by this title, and only when operated or sponsored by a religious, civic or institutional not for profit group.

   E.   Seasonal Sales Of Farm Produce: Permitted once per week during a period not to exceed five (5) months in any calendar year.

   F.   Sidewalk Sales: Permitted when conducted on private property wherein commercial uses are permitted uses and the temporary use is incidental to the business or businesses located on the lot or lots. The temporary use shall be conducted only in conjunction with a special event or promotion that is related to or sponsored by the business or businesses on the lot or lots and shall be conducted adjacent to the entrance of the sponsoring business or businesses. Such a temporary use shall not be permitted for a period exceeding four (4) days and shall not occur more than three (3) times in a calendar year. (Ord. 2010-04-07, 4-1-2010)

A temporary building or temporary use shall require a permit from the Village indicating the type, location and permitted duration of said permitted temporary building or temporary use. The permit shall stipulate all conditions relating to said building or use, and any additional safeguards, including a performance bond, if deemed necessary, to ensure termination of said building or use as of the date or other condition stipulated by the permit. The act of granting a temporary building or temporary use permit shall in no way constitute a change of the zoning district or the permitted, special or accessory uses allowed within the district or on the property wherein the temporary building or temporary use is permitted. (Ord. 2010-04-07, 4-1-2010)

Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street, unless a permanent easement of access to a public street was of record prior to March 28, 1985. (Ord. 2010-04-07, 4-1-2010)

The creation of new flag lots is prohibited. Flag lots existing as of October 19, 2017 shall be considered legal, non-conforming lots. (Ord. 2017-10-21, 10-19-2017)

   A.   Purpose: This section provides for certain types of restricted home occupations within residential dwellings that are a benefit to both the community and the resident but that are incidental to the use of the home as a residence. The restrictions are intended to preserve the residential character of a neighborhood.

   B.   General Regulations:

      1.   No alteration of any kind shall be made to the dwelling unit where the home occupation is conducted that would change its residential character as a dwelling unit without approval of the Village of Winfield.

      2.   Home occupation may be conducted only within the residence and not in accessory structures.

      3.   No more than fifty percent (50%) of the total finished area of the dwelling unit may be used for both the home occupation and related storage.

      4.   Goods that are subject of the home occupation may be fabricated or produced on the premises, as well as manufactured elsewhere, subject, however, to further regulations herein.

No article or stock in trade shall be displayed such that it is visible from the exterior of the dwelling unit. Direct sales of products from the dwelling unit are prohibited unless public access to the home occupation has been made by invitation only, but a person may pick up an order placed earlier.

      5.   Permanent residents of the home may be employed in the conduct of the home occupation. Nonresidents may also be employed, with a maximum of three (3) nonresident employees present at any one time. Department of Children and Family Services-licensed group and family daycare homes are exempt from this limitation.

      6.   Parking for customers and employees of the home occupation shall be limited to the residence private driveway or on the public street immediately in front of the home occupation property.

      7.   Business hours for customer services are limited to between seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M.

      8.   Deliveries by semi-tractor/trailer trucks are prohibited. Incidental and infrequent delivery of an item used in the home occupation by such vehicles is permitted (e.g., a copy machine, desk, filing cabinets).

      9.   Home occupations shall produce no offensive noise, vibration, smoke, dust, odors, heat, electrical interference or stray lighting beyond the walls of the dwelling unit.

      10.   Home occupations that attract clients or students for services are not permitted in multi-family dwelling units of three (3) units or more.

      11.   Traffic generation for home occupations is limited to twenty (20) vehicles per day.

   C.   Uses Prohibited As Home Occupations: Home occupations that fail to meet the requirements of subsection B of this section are not permitted and the following activities are expressly prohibited:

      1.   Any repair of motorized vehicles, including the painting or repair of automobiles, trucks, trailers, boats, or small engine repair;

      2.   Animal hospitals;

      3.   "Adult business/use" (as defined by section 10-1-4 of this title);

      4.   Kennels and stables;

      5.   Bird keeping facilities;

      6.   Barbershops or beauty shops with more than one chair;

      7.   Restaurants;

      8.   Funeral chapels or homes;

      9.   Crematoria;

      10.   Mausoleums;

      11.   Medical or dental clinics;

      12.   Any entertainment or assembly use;

      13.   Sale of firearms or ammunition;

      14.   Construction business or landscaping business that provide the storage of goods and materials to be used in the operation of the business;

      15.   Warehousing; and

      16.   Welding or machine shops.

Any home occupation that is expressly prohibited that is legally established or has a valid business license as of the effective date hereof shall be considered a nonconforming use and shall be subject to chapter 8 of this title.

   D.   Business License Or Registration: Home occupations are subject to the regulations set forth in title 3 of this code.

   E.   Revocation Of Permits And Fines: Revocation of a home occupation business license may be made for the following reasons:

      1.   Change in the use for which the permit was issued;

      2.   Noncompliance with any of the provisions herein; or

      3.   Violation of any village ordinance or state or federal law. (Ord. 2011-11-17, 11-17-2011)

See title 12 of this code. (Ord. 2010-04-07, 4-1-2010)

This section shall be known, cited, and referred to as the WINFIELD TREE PRESERVATION REGULATIONS.

   A.   Purpose And Intent: While allowing for improvement of land within the village, it is the stated public policy of the village to maintain existing trees within the village and to add to the tree population within the village, where possible. The preservation of existing trees in the village and the planting of additional trees are intended to accomplish the following objectives:

      1.   Establish regulations limiting the removal and ensuring the replacement of trees from lands within the village;

      2.   Preserve trees as an important public resource enhancing the quality of life and the general welfare of the village and enhancing its unique character and aesthetic environment;

      3.   Encourage the protection of healthy trees and provide for the replacement and/or replanting of trees that are necessarily removed during construction, development, or redevelopment;

      4.   Safeguard and enhance the ecological and aesthetic environment of the village and its citizens;

      5.   Dissuade the clearing and disturbing of land so as to preserve the existing natural vegetation with plant material indigenous to the region;

      6.   Preserve existing landscape buffers to minimize the impact of adjoining differing land uses;

      7.   Enhance and protect the aesthetic character of roadway corridors;

      8.   Reduce the surface heat through shade provided by trees;

      9.   Mitigate the negative visual and noise impact of vehicle traffic;

      10.   Protect and enhance property values;

      11.   Remove trees which pose a threat, danger, or nuisance to the public or to property in the village; and

      12.   Recognize and assume the responsibility of the village of Winfield by its immediate proximity to no fewer than five (5) forest preserves as a buffer between unchecked development and the habitat improvement priority of the forest preserve district of DuPage County (FPDDC).

   B.   Definitions: The following definitions apply to the terms used in this section:

ANSI A300: An American national standard for tree care operations covering standard practices for tree, shrub, and other woody plant maintenance. These standards are intended to apply to any person, or entity engaged in the business, trade, or performance of repairing, maintaining, or preserving trees.

ARBORIST: A person who, based on training and experience, for profit, diagnoses the condition of shade or ornamental trees and shrubs and recommends or supervises the treatment of any such trees, or in any manner treats such trees, by feeding or fertilizing, or by pruning, trimming, bracing, treating cavities or other methods, and is a member in good standing in a reputable nationally recognized professional arborist association or is so licensed.

CROWN: Parts of a tree above the trunk including leaves, branches, and scaffolds.

dbh: Diameter at breast height; the average diameter (outside the bark) of a tree 4.5 feet above mean ground level.

DAMAGE: The taking of any direct or indirect action that causes, or is reasonably likely to cause, the death of a tree or a significant loss to a tree's structural integrity including, without limitation, destruction, poisoning, carving, altering drainage, mutilating, girdling, severing the main trunk, leader, or large branches, touching with live wires, crushing or exposing the roots, digging or drilling any hole or trench within the drip line, filling with soil or other materials within the drip line, compacting a substantial portion of the soil in the drip line, or moving a tree to another location. Without limiting of the foregoing, "damage" does not include the pruning of trees in accordance with "Standard Practices For Tree, Shrub, And Other Woody Plant Maintenance" (ANSI A300) and "Tree Pruning Guidelines" published by the International Society Of Arboriculture or similar standards and guidelines recommended by the village.

DRIP LINE: A line drawn on the ground surface directly beneath and perpendicular to the maximum radius of the crown of an existing tree but not less than six feet (6') from the trunk, whichever is greater.

NONPROTECTED TREE: Vegetation not subject to the tree preservation regulations as noted in section 10-2-15-2, table 2 of this chapter.

NORTHERN GROWN TREES: Those trees cultivated within one hundred fifty (150) miles of the village of Winfield.

PROTECTED TREE: Any tree native to woodland habitats of the upper DuPage River watershed and otherwise noted in section 10-2-15-2, table 1 of this chapter having a trunk size of six inches (6") or greater dbh located on property subject to zoning board of appeals, plan commission or village board approval for zoning relief including, but not limited to, planned unit developments, variations and special use permits or a public tree. This includes multistemmed trees with a main trunk size of six inches (6") dbh or greater.

PRUNING: The cutting or trimming of trees in accordance with "Standard Practices For Tree, Shrub, And Other Woody Plant Maintenance" (ANSI A300) and "Tree Pruning Guidelines" published by the International Society Of Arboriculture or similar standards and guidelines recommended by the village.

PUBLIC TREE: Any tree located on the dedicated right of way of all public roads and streets (parkway trees) in the village within or adjacent to a residential zoning district is designated as a protected tree.

REMOVE OR REMOVAL: The causing or accomplishing of the actual physical removal of a tree or the effective removal through damaging, poisoning, or other direct or indirect action resulting in, or likely resulting in, the death of a tree.

REPLACEMENT TREE: A nursery grown certified tree, properly balled and burlapped, meeting the requirements specified within section 10-2-15-2, table 1 of this chapter.

TREE: Any self-supporting, woody plant together with its root system, growing upon the earth usually with one trunk, or a multistemmed trunk system, supporting a definitely formed crown.

TREE PRESERVATION PLAN (TPP): A written plan indicating the methods which are to be used to preserve a public tree or protected tree during construction, and shall include a tree survey. The document shall be coordinated with and, where applicable, made a part of a site grading plan or development plan.

   C.   Scope: These regulations establish a policy of the village as it relates to the preservation of existing trees, landscaping, and public tree planting. The provisions of these regulations shall apply generally and uniformly to all sites and to all public trees as defined herein. The village manager or designee shall administer and enforce these regulations. The village manager or designee shall implement and promote the purposes and provisions of these regulations consistent with good forestry practice. Without limiting the generality of this authority, these regulations may among other things prescribe:

      1.   Classification of tree species considering related desirability, hardiness, and disease and pest resistance for tree preservation and replacement purposes;

      2.   Specifications for protecting trees during construction activities;

      3.   Procedures for permit and plan review and approval;

      4.   Requirements for tree replacement plans;

      5.   Requirements for tree protection, construction envelope, and conservancy area fencing;

      6.   Establishment of a method to provide for tree replacement and/or a formula for determining the value of the tree considering the size, condition, and species value of the tree to be replaced; and

      7.   Evaluation and assessment of construction sites.

   D.   Coordination With Other Development Regulations: The provisions of these regulations shall be cumulative with consistent provisions of other regulations of the village and to the extent consistent shall be applied and enforced simultaneously. Whenever inconsistent, the provision resulting in the maximum protection, preservation, or planting of trees or the highest quality of trees shall govern. No approvals or permits issued pursuant to such regulations and codes shall be deemed to authorize the killing, destruction, removal, or planting of trees without also complying with the applicable provisions of these regulations.

   E.   Tree Preservation Plan:

      1.   Condition To Issuance Of Permit: As a condition to approval by the plan commission, zoning board of appeals or village board for any zoning relief including, but not limited to, planned unit developments, variations, and special use permits, the owner shall show that a hardship exists upon the owner as distinguished from an inconvenience if the owner is not allowed to remove the tree and shall submit a tree preservation plan that includes the information and detail specified herein.

      2.   Tree Preservation Plan (TPP): A TPP must include the following information and detail:

         a.   The scale shall be the same as that of the site plan if a site plan is submitted; the minimum scale for drawings is one inch equals fifty feet (1" = 50').

         b.   The shape and dimensions of the lot or parcel, together with the existing and proposed locations of structures and improvements, including existing and proposed utilities.

         c.   Locations and dimensions of all building and parking lot setbacks and existing or proposed easements.

         d.   Scaled depictions of the location, size, condition, drip line and tag number of all protected trees located on the property. Actual drip lines of trees must be shown; generic icons for trees that do not represent the tree drip line are not acceptable. Tree location surveys are to be prepared by a registered land surveyor and verified on site by a registered landscape architect, certified arborist or forester. Both professionals must verify the contents by seal or signature, whichever applies; and locations of all existing trees with a trunk size of six inches (6") dbh, including trees within the adjoining street rights of way, within twenty five feet (25') of the property lines to be affected by the development (such as trees located within areas of right of way improvements or off site utility work). Nonprotected tree species need not be included. Trees proposed to remain shall be shown with a solid dot. Trees to be removed shall be shown with an "x". Trees to be relocated shall be shown with a hollow dot.

         e.   All trees shall be tagged in the field with identifying numbers, using noncorrosive metal tags; a table identifying trees by size, common name, scientific name, condition, and tag number shall be provided.

         f.   A list of all of the trees to be preserved and removed shall be provided along with the survey.

         g.   The existing and proposed grade at the base of each tree shall be indicated on the tree location survey either through showing existing and proposed contours at a minimum two foot (2') interval or showing existing and proposed spot grades.

         h.   If existing trees are to be relocated, the following shall be required: The proposed location for such trees, together with a statement as to how such trees are to be protected and/or stored during land clearance and construction and how they are to be maintained after construction.

         i.   A protection plan for remaining protected trees, including the type of protective fencing, in accordance with the standards set forth in these regulations shall be detailed.

   F.   Removal Of Protected Trees:

      1.   If the village determines that preservation of trees cannot be accomplished while facilitating a development or improvement project, the owner shall provide for the replacement of the trees or payment in lieu for the value of the trees lost (as provided in subsection H of this section).

      2.   An owner that removes a public tree or a protected tree shall provide replacement of such tree(s) in accordance with a tree replacement plan approved by the village.

      3.   An owner that has damaged a public tree such that the tree is dying or diseased or is likely to die or become diseased shall replace such tree(s) in accordance with a tree replacement plan approved by the village.

      4.   An owner that has damaged a protected tree such that the tree is dying or diseased or is likely to die or become diseased shall provide replacement of such tree(s) in accordance with a tree replacement plan approved by the village.

   G.   Replacement Trees:

      1.   Any owner required by these regulations to make replacements for trees as a part of the approved tree preservation plan shall make all such replacements with a replacement tree selected from the village's recommended species listed in section 10-2-15-2, table 1 of this chapter. Replacement trees shall either: a) equal or exceed the same dbh size as trees removed; or b) consist of smaller trees, not less than three inches (3") dbh, which add up to the caliper of the original tree.

      2.   Replacement trees shall be documented on the final site plan or landscape plan.

      3.   Replacement trees must be either balled and burlapped, or containerized trees. They shall be northern grown in a nursery, and shall have been transplanted not more than twice, the last transplanting being not less than four (4) years prior to planting. All trees shall be tagged and identified as to species, size, and place of origin. The developer prior to inspection by the village shall not remove such tags. All trees (original or replacement) determined by the village not to be of vigorous growing condition after two (2) growing seasons shall be replaced at the beginning of the next succeeding planting season, at no cost to the village. Documentation showing one hundred percent (100%) survivorship shall be supplied to the village.

      4.   A performance bond or letter of credit shall be submitted with the tree replacement plan as a guarantee that protected trees will be replaced pursuant to the plan. The total bond or letter of credit shall be the replacement cost as established in these regulations.

      5.   Replacement of protected trees shall be made within twelve (12) months of the date of issuance of a building permit. The village upon request may grant an extension of not more than twelve (12) months' time. Upon the planting of the replacement trees and after the inspection and approval of the replacement trees by the village representative, the amount of cash tree replacement fee guarantee will be refunded to the applicant.

      6.   If a protected tree is damaged or razed during the construction process in violation of the approved tree preservation plan, such tree shall be replaced with new trees in accordance with the exchange rate, from the village's recommended species listed in section 10-2-15-2, table 1 of this chapter. Village staff may, with just cause, waive some or all of the following exchange rate due to unavoidable circumstances. Final plans for the exchange rates or replacement trees are subject to review and approval by the village.

      7.   Trees that are measured by height using arboricultural industry standards (i.e., evergreens, etc.) that are removed shall be replaced with the necessary number of trees to equal the height of the tree being replaced. In order to maintain an equal exchange rate, if trees that are measured by caliper inches are being replaced by trees measured by height; or if trees measured by height are being replaced by trees measured by caliper inches; the number of replacement trees planted shall be equal to or greater in cost than the type and number of trees being removed.

      8.   For the purposes of interpreting this section, if there is a fraction of an inch measurement less than one-half inch (1/2"), it may be disregarded. If the fraction is one-half inch (1/2") or greater, it shall be counted as one inch (1"). Such replacement shall be made within twelve (12) months of the date of the removal of any protected tree(s) for which such replacement tree is required.

      9.   All replacement trees shall be a minimum trunk size of three inches (3") dbh. Any combination of tree sizes having a minimum of three inches (3") dbh may be used to meet the requirement.

   H.   Cash In Lieu Of Replacement Trees: If it is determined by the village that an insufficient area exists on the subject site that would support any or all of the replacement trees, the property owner shall contribute one hundred percent (100%) of the cost of the replacement trees to the village. The village recognizes the International Society Of Arborists' "Guide For Plant Appraisal" as the preferred method of determining the value of replacement trees. A proposed dollar value, along with supporting documentation for the proposed dollar value for the cost of the replacement trees shall be submitted to the village for review and approval. The village shall determine the replacement rate for trees requiring replacement pursuant to the guide set forth in section 10-2-15-5 of this chapter. Said funds shall be deposited into the general facilities and equipment fund as a separate and distinct line item entitled "tree replacement program" and be used for the sole purpose of planting trees at locations determined by the village or hiring an arborist for professional consultation.

   I.   Acceptable Tree Protection Methods: All trees on the subject site and the property adjacent to the subject site that are within twenty five feet (25') of a property line shared with the site, or that have a drip line extending into the site, shall be protected from damage by the use of acceptable tree protection measures in accordance with a tree preservation plan approved by the village. For purposes of these regulations, acceptable tree protection measures are those measures designed and implemented to reasonably limit the damage to such protected trees while enabling lawful construction activity consistent with best construction practices as determined by the village. Acceptable tree protection measures include:

      1.   Fencing: The installation of tree protection fencing along the perimeter of the drip line located within construction site, which shall remain in place during construction and removed only when construction is completed or as authorized by the village. The type of fencing shall be rigid chainlink fencing, properly supported so as to be perpendicular to the surrounding ground, and ground staked, at least four feet (4') in height. Movement of tree protection fencing during the course of construction, whether temporarily or permanently that could result in the compaction of soils is prohibited. The proposed location of tree protection fencing shall be shown on the demolition plan, lot redevelopment plan, or lot improvement plan. Fencing shall be contained within the limits of the site and/or within the limits of the adjacent public parkway. Fencing shall not encroach onto public streets and/or sidewalks.

      2.   Grading, Construction Equipment, And Materials: All grading, construction equipment, and materials shall be forbidden from encroaching within the boundary of any tree's drip line. If the village should approve an encroachment on any tree's drip line root zone, root pruning shall be undertaken by a qualified arborist.

      3.   Materials Detrimental To Trees: The addition of soil or crushed limestone or any other material which may be detrimental to trees shall not be dumped within the drip line of any tree nor shall be located at any higher location where drainage toward the tree(s) could conceivably affect the health of said tree(s).

      4.   Storage Of Vehicles: No materials or vehicles shall be stored, driven, or parked within the drip line of any tree.

      5.   Pruning: All such trees identified for preservation, which could be negatively affected during the construction process, shall be pruned by a qualified arborist to compensate for root loss during construction.

      6.   Utility Services: Any new utility services including water, sanitary sewer, storm sewer, gas, electric, telephone, and cable TV shall be installed in proximity of protected trees by using extraordinary care such as directional augering so as to not disturb the roots of protected trees.

      7.   Preservation Methods: Preservation methods that are to be used to preserve the protected trees shall be clearly specified. If, in the opinion of the village, the necessary precautions, as specified in the tree preservation plan for development, were not undertaken before or during construction to ensure the preservation of those trees, the site development permit for the parcel shall not be issued or, if previously issued, may be revoked until such time as compliance with the precautions is achieved.

      8.   Tree Consultant: The village shall, at its discretion, have the right to retain a professional tree consultant/forester to review the tree preservation plan and to submit a written report to the village. The petitioning party shall reimburse all expenses incurred by the village.

      9.   Decreased Drip Lines And Protective Techniques Requests: Requests for decreased drip lines and protective techniques are location specific and must be approved as part of the zoning relief process. The village board may request payment not to exceed fifty percent (50%) of the replacement cost for each tree when such request is granted. Techniques such as mulch mats (12 inches or more of wood mulch that attenuates damage by vehicles to tree roots) shall be required in areas where temporary access requirements infringe on protected tree drip lines.

   J.   Inspections:

      1.   A copy of the tree preservation plan shall be kept at the site during the time that work is underway.

      2.   The permit holder must call the village's development department for an inspection of the subject site once tree protection measures have been fully implemented for a signoff by the village manager or designee. All protective fencing must be in place prior to any tree removal or construction. The village manager or designee shall make whatever inspections are required to ensure compliance.

      3.   The village's inspector shall conduct regular scheduled and unscheduled inspections throughout the construction time period to determine conformance with the approved TPP.

      4.   The village manager or designee is authorized to issue a stop work order for all construction work on the subject site if the owner fails to comply with the requirements of the tree preservation plan. (Ord. 2010-04-07, 4-1-2010)

   K.   Appeals:

      1.   Appeals regarding the interpretation of the regulations or relief from application of the tree preservation regulations shall be to the public works committee. (Ord. 2010-04-07, 4-1-2010; amd. Ord. 2013-02-08, 2-21-2013)

      2.   An appeal may be taken within thirty (30) days from the date of the decision appealed by filing with the village manager or designee a petition of appeal specifying the grounds thereof.

      3.   Property owners seeking relief from the regulations must demonstrate exceptional physical, environmental, or topographical conditions affecting a site that pose practical difficulty or unnecessary hardship in preserving or replacing a protected tree consistent with these regulations and good forestry practice.

      4.   The commission shall hold a hearing on the appeal within thirty (30) days of its filing with the village clerk. The commission shall render a decision within thirty (30) days of the completion of the hearing on the appeal. (Ord. 2010-04-07, 4-1-2010)

      5.   In the event that the party remains aggrieved, they may appeal the decision of the public works committee to the Winfield village board of trustees. (Ord. 2010-04-07, 4-1-2010; amd. Ord. 2013-02-08, 2-21-2013)

      6.   An appeal may be taken within thirty (30) days from the date of the decision appealed by filing with the village clerk or designee a petition of appeal specifying the grounds thereof. The village board shall hold a hearing on the appeal within thirty (30) days of its filing with the village clerk. The village board shall render a decision within thirty (30) days of the completion of the hearing on the appeal.

   L.   Exemptions: The following activities are exempted from the village's tree preservation regulations:

      1.   Tree Emergencies: The existence of any tree within the village that has become an immediate danger or hazard to persons or property as a result of any windstorm, flood, freeze, natural disaster, or sudden, unforeseen accident.

      2.   Pruning Compliance: Pruning of trees in compliance with the pruning standard as instructed in ANSI A300.

      3.   Removal Of Hazardous, Diseased, And/Or Insect Infested Trees: The following conditions are hereby declared to be a public nuisance and trees shall be pruned or removed and properly disposed of by the owner within ten (10) days following written notification by the village:

         a.   Trees and limbs that overhang any sidewalk, street, or other public place that are hazardous to the public way, public property, or private roads with public access.

         b.   Trees infected with Dutch elm disease, oak wilt, Asian longhorn beetles, emerald ash borers, or other insects and diseases that are a serious threat to the community's trees as determined by the village and/or the Illinois department of agriculture.

         c.   Nonprotected trees.

   M.   Permit Revocation And Expiration: An owner shall have a duty to remove the tree(s) identified in the tree preservation plan within ninety (90) days after the date of approval by the village board as part of the zoning relief process. An owner shall be authorized to remove the tree(s) identified in the tree preservation plan in accordance with the terms and conditions set forth by the village. An owner is subject to stop work order, suspension or revocation by the village manager or designee if the owner violates the terms of the permit or any other provision of these regulations.

   N.   Restitution; Penalties:

      1.   Destruction; Damage Prior To Permit: If any tree is damaged or destroyed prior to the approval of a tree preservation plan as required by this section and it is reasonable to infer that the damage or destruction was effected so as to avoid the requirements of these regulations, the village may require replacement for any such damaged or destroyed tree in addition to compliance with any other applicable requirements of these regulations.

      2.   Penalties: Whoever violates any of the provisions of these regulations, upon being found guilty of violation, shall be subject to the following fines:

         a.   For failure to replace or to remedy damage caused to a public tree in violation of these regulations, a minimum fine of two hundred fifty dollars ($250.00) and a maximum fine of seven hundred fifty dollars ($750.00) for each such tree.

         b.   For removal of trees without an approved tree preservation plan in violation of these regulations, a minimum fine of two hundred fifty dollars ($250.00) and a maximum fine of seven hundred fifty dollars ($750.00) for each such tree.

         c.   For failure to replace any damaged or destroyed tree in violation of these regulations, a minimum fine of two hundred fifty dollars ($250.00) and a maximum fine of seven hundred fifty dollars ($750.00) for each such tree.

         d.   A separate and distinct violation shall be deemed to have occurred for each protected tree or public tree unlawfully damaged, removed, and/or not replaced in violation of these regulations and a separate and distinct violation shall be deemed to have occurred for each day that such violation exists or continues. Any penalties imposed are in addition to any required replacement.

         e.   If in the opinion of the village manager the violation of this section is wilful and the destroyed protected tree had a diameter of eighteen inches (18") or more then the village manager may assess additional damages based on the value of the destroyed protected tree. The value of the tree will be assessed in a report issued by a professional arborist retained by the village based on best available information regarding tree species, size, and condition.

   O.   Nonliability Of Village: Nothing in these regulations shall be deemed to impose any liability upon the village or upon any of its officers or employees or to relieve the owner of any private property from the duty to keep trees and shrubs upon private property or under his control in a safe and healthy condition. (Ord. 2010-04-07, 4-1-2010)

Public trees shall be planted not less than four feet (4') from any sidewalk or curb, except as otherwise provided below. The spacing between public trees in subdivisions shall not be less than forty feet (40'). At street corners, trees shall be located at least thirty feet (30') from intersection of the street right of way provided.

As an alternative to the preceding paragraph, the village may require that the subdivider install an equivalent number of trees of the same size in clusters in a naturalistic way within the street right of way or within front yards of adjacent lots, suitable trees existing before the subdivision may be counted toward the requirement for trees. (Ord. 2010-04-07, 4-1-2010)

The species of trees that are encouraged for use for replacement trees are listed in table 1 of this section. Where the planting strip between the sidewalk and street curb is less than eight feet (8') but greater than four feet (4') wide requires prior review and approval from the village before planting. No tree will be planted in a planting strip less than four feet (4') wide as it will not promote a healthy and viable environment for the tree to survive. Other tree species, including native plant materials, as determined appropriate by the village, may be considered. Only small species of trees, such as from the crabapple tree family (Malus), or hybrid trees with superior disease and pest resistance shall be placed within twenty feet (20') of overhead electrical service or other utilities.

   TABLE 1: RECOMMENDED - PROTECTED TREE SPECIES

 

Trees designated as nonrecommended trees or unacceptable for use as replacement trees are listed in table 2 of this section:

   TABLE 2: LIST OF NONRECOMMENDED TREES

 

(Ord. 2016-12-30, 12-15-2016; amd. Ord. 2022-12-14, 12-15-2022)

Trees must be either balled and burlapped, or containerized trees. Trees shall have a minimum trunk diameter of two inches (2") measured at breast height. Trees will be northern grown in a nursery and in good health and shall have been transplanted not more than twice, the last transplanting being not less than four (4) years prior to planting. All trees shall be tagged and identified as to species, size, and place of origin. These tags shall not be removed until inspected by the village.

Trees will be properly planted based on tree type, soil type, time of year, and ground surface and drainage conditions. The tree will be properly pruned prior to planting to assure vigorous growth. All trees (original or replacement) determined by the village not to be in vigorous growing condition after two (2) years of growing seasons shall be replaced at the beginning of the next succeeding planting season, at no cost to the village. (Ord. 2016-12-30, 12-15-2016)

   A.   Planting: Trees will have a hole excavated for the tree to a depth and diameter that is appropriate for the tree, soil type, and local ground surface conditions. Each tree will be planted with the root flare at grade, securely planted, properly fertilized, and backfilled with excavated soil and mulch as necessary for soil types. The tree will be checked to ensure that it is at grade within two (2) to four (4) weeks after planting and, if necessary, the tree will be adjusted to be at grade level. All planting shall be done during the proper season. No planting shall be done in frozen soil or during unfavorable weather conditions.

   B.   Care Instructions: Written instructions on the care of the tree will be provided at the time of planting. These care instructions will include, at the minimum, directions on watering and any fertilizing requirements for the species of tree that has been planted. (Ord. 2016-12-30, 12-15-2016)

   A.   Evaluation Criteria: Tree evaluation criteria will include:

Species (scientific and common names)

Diameter of trunk at breast height

Diameter of drip line from trunk

Rating of tree condition (see below)

   B.   Tree Rating Guidance: The general condition of each tree shall be rated as follows:

 

 

(Ord. 2010-04-07, 4-1-2010)

International Society Of Arboriculture: http://www.isa-arbor.com/home.aspx

ANSI A300: http://www.mac-isa.org

(Ord. 2010-04-07, 4-1-2010)

   A.   Purpose: This section establishes comprehensive regulations for the control of signs and other street graphics in order to preserve, protect and promote the public health, safety and general welfare. More specifically, this section is intended to assist in achieving the following:

      1.   To foster high quality development and enhance the economic vitality of existing businesses/industries by promoting the reasonable, orderly and effective display of street graphics while preserving the character of the community and providing reasonable yet appropriate conditions for identifying businesses and services rendered in commercial districts by controlling the size, type and design of signs in relation to the type and size of establishment.

      2.   To protect pedestrians and motorists from any damage or injury that might result from the improper construction, placement or use of street graphics.

      3.   To ensure that signs are designed as integral architectural elements of the building and site to which they principally relate.

      4.   To preserve the value of private property by assuring the compatibility of street graphics with nearby land uses. (Ord. 2010-07-23, 7-15-2010)

The definitions noted below apply uniquely to this chapter and supersede any conflicting definitions found in chapter 1 of this title. The rules for interpretation found in chapter 1 of this title shall be applicable to these definitions:

The word "shall" is mandatory; the word "may" is discretionary.

ADMINISTRATOR: The zoning administrator of the village.

ALTER: To change the size, shape, height, lettering or other similar characteristics of a sign.

APPEAL: A procedure whereby any person aggrieved by any decision or order of the administrator in any matter related to the interpretation or enforcement of title 9, chapter 3 of this code and this section 10-2-16 may seek relief from the zoning board of appeals.

AUTOMATED TELLER MACHINE: A device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.

AWNING: Any structure entirely supported by the wall to which it is attached or extending from a building entrance and which has a frame covered by a temporary material and/or which can be retracted against the wall by which it is supported.

BUILDING FRONTAGE: The linear length of the outside building wall facing the public right of way or the linear length of the outside building wall facing a parking area which serves as the primary access for the subject use.

CANOPY: Any permanent exterior roof structure attached to a building at the inner end and supported on the outer end in conformance with the building code 1 of the village.

COMPREHENSIVE SIGN PLAN: A format approved by the plan commission for all signs to be located in a unified business center.

ERECT: To build, construct, attach, hang, rehang, place, affix or relocate and includes the painting of lettering for signs.

GASOLINE STATION: A premises used primarily to dispense fuels for motor vehicles.

HEIGHT OF SIGN: The measurement from the top of the highest element of the sign to the average level of the finished ground surface around any sign located more than twenty five feet (25') from a street right of way; the established street elevation when the sign is located within twenty five feet (25') from one street right of way, or the average of all street elevations when the sign is located within twenty five feet (25') from more than one street right of way.

LOT: A parcel, tract, plot or area of land accessible by means of a street or other permanently reserved principal means of access. It may be a single parcel separately described in a deed or plat which is recorded in the office of the county recorder of deeds, or it may include parts of or a combination of such parcels when adjacent to one another and used as one.

MARQUEE: Any hood or awning of permanent construction supported entirely by the building and projecting from the building's wall over a sidewalk or pedestrian thoroughfare.

MOVIE OR LIVE ENTERTAINMENT THEATER: A fully enclosed building with fixed seats arranged in an auditorium fashion where motion pictures or live entertainment acts are presented.

PERSON: Any mature person, firm, partnership, association, corporation, company or organization of any kind.

PREMISES: That portion of a lot or building occupied by a single occupant, exclusive of common area, if any, shared with adjacent occupants.

SIGN: A name, identification, description, display, message or illustration which is affixed to, or represented directly or indirectly upon, a building, structure or piece of land so as to be seen from out of doors and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a "sign" shall not include any display of official court or public notices, nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group.

SIGN, ADVERTISING: A sign which directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured, or an entertainment offered on the premises where the sign is located or to which it is affixed.

SIGN, AWNING, CANOPY AND MARQUEE: A sign that is mounted or painted on, or attached to, an awning, canopy or marquee.

SIGN, BACKLIT AWNING/CANOPY/MARQUEE: Any awning, canopy or marquee that is constructed substantially of transparent or translucent material and directly illuminated artificially from the interior side of the material in such a manner that the awning, canopy or marquee is made visible or luminous.

SIGN, BANNER: A temporary sign applied to or constructed of paper, plastic or fabric of any kind with or without frame, used to identify or attract attention to a location, object, institution, product, service or business. Flags of nations, states, political subdivisions, businesses or institutions shall not be considered banners for purposes of this chapter.

SIGN, BILLBOARD: See definition of Sign, Off Site.

SIGN, BULLETIN BOARD: A sign that identifies an institution or organization on whose premises it is located and which contains the name of the institution or organization and announcements of events or activities occurring on the site. Such a sign may also present a greeting or similar message.

SIGN, CANOPY: See definition of Sign, Awning, Canopy And Marquee.

SIGN CONTRACTOR: A person or entity who performs work for compensation in connection with the erection, construction, enlargement, alteration, repair, moving, improvement, maintenance, conversion or manufacture of any sign.

SIGN, FLASHING: A directly or indirectly illuminated sign where the source of illumination is not maintained constant or stationary in the intensity or color at all times when such sign is in use. For the purpose of this chapter, a revolving sign, or any advertising device which attracts attention by moving parts operated by mechanical equipment or movement caused by natural sources, whether illuminated, indirectly illuminated or not, shall be considered a flashing sign.

SIGN, GROUND: Any detached sign which has its bottom portion erected upon or supported directly on the ground.

SIGN, IDENTIFICATION: A sign where the text gives the name and address of a building, business, development or establishment. Such a sign may also be wholly or partly devoted to a readily recognized symbol.

SIGN, ILLUMINATED: Any sign which is illuminated by light sources.

SIGN, INFLATABLE: Any sign or inflatable device of more than two (2) cubic feet in capacity designed to be filled with air or a gas lighter than air, used singly or in clusters, displayed to attract the attention of the public. This definition shall include balloons and balloon signs.

SIGN, MARQUEE: See definition of Sign, Awning, Canopy And Marquee.

SIGN, MONUMENT: See definition of Sign, Ground.

SIGN, OFF SITE: A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located or to which it is affixed.

SIGN, POLE: A sign mounted on one or more freestanding pole(s) so that the bottom edge of the sign is a minimum height above grade level.

SIGN, POLITICAL: Any display utilized for the purpose of proposing or opposing the election of a candidate running for public office or ballot measure.

SIGN, PROJECTING: A sign wholly or partly dependent upon a building for support and which projects more than twelve inches (12") in a perpendicular fashion from such building.

SIGN, PYLON: A narrow sign with a fully enclosed and continuous exterior face running from the top of the sign to the ground.

SIGN, REAL ESTATE: A sign pertaining to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures or a portion thereof located thereon.

SIGN, ROOF: A sign mounted on the roof of a building.

SIGN STRUCTURE: The sign and all parts associated with its mounting.

SIGN, TEMPORARY SIGN: Any sign intended for a limited or intermittent period of display.

SIGN, WALL: Any sign erected against the wall of any building with the plane of the face parallel to the plane of the wall.

SIGN, WINDOW: An advertising sign affixed to a window or placed within twelve inches (12") inside a window.

UNIFIED BUSINESS CENTER: A premises containing four (4) or more individual offices or businesses sharing a common building entrance or private parking lot.

VILLAGE: The village of Winfield, DuPage County, Illinois.

VILLAGE BOARD: The president and board of trustees of the village of Winfield. (Ord. 2010-07-23, 7-15-2010)

   A.   Zoning Administrator Designated: The village manager or his designee is designated as the zoning administrator of this chapter.

   B.   Zoning Administrator Duties: The zoning administrator is hereby authorized and directed to administer and enforce the provisions of title 9, chapter 3 of this code and this section 10-2-16. This broad responsibility encompasses, but is not limited to, the following specific duties:

      1.   To review and pass upon applications for sign permits in accordance with title 9, chapter 3 of this code;

      2.   To inspect existing and newly constructed signs to determine compliance with title 9, chapter 3 of this code and this section 10-2-16; and where there are violations, to initiate appropriate notification;

      3.   To maintain up to date records of said applications and of any official actions taken pursuant thereto;

      4.   To periodically review the provisions of title 9, chapter 3 of this code and this section 10-2-16 to determine whether revisions are needed, and to make recommendations on these matters to the village board;

      5.   To provide information to the general public on matters related to title 9, chapter 3 of this code and this section 10-2-16; and

      6.   To perform such other duties as the village board may from time to time prescribe. (Ord. 2010-07-23, 7-15-2010)

   A.   Messages:

      1.   No sign shall be permitted which purports to be or is an imitation of, or resembles an official traffic sign or signal.

      2.   No sign shall make use of the words "Stop", "Go Slow", "Caution", "Warning", "Look", "Drive In", "Danger" or any word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.

      3.   No sign shall recite that real property is zoned for land uses, or will be zoned for land uses in the future, under the zoning rules and regulations of the village, when in fact such real estate is not so zoned.

      4.   No sign on real estate shall declare that the property is reserved for or is being held for future land use which is inconsistent with the then existing zoning classification of the village for the land, or any words of like import of a similar nature.

      5.   The primary emphasis of sign messages shall be on business identification not product or service advertisement. Not more than thirty percent (30%) total of the face may be used for product or service reference. Selling slogans or other nonindexing messages are not permitted.

   B.   Compliance With Village Provisions: All signs must conform to the regulations and design standards of the building code, the electrical code and all other applicable ordinances and regulations of the village.

   C.   Location: The following restrictions shall govern sign location:

      1.   No sign shall be erected or placed so as to prevent free ingress and/or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe, fire escape or any other safety related device.

      2.   No sign shall interfere with any opening required for ventilation.

      3.   Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with national electrical code specifications 1 , depending on voltages concerned. However, in no case shall a sign be installed closer than twenty four inches (24") horizontally or vertically from any conductor or public utility guywire.

      4.   No sign may be so located as to obstruct the view from a public thoroughfare of any existing sign, display window or major entrance of an adjacent business.

      5.   No sign shall be maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal or device or where it may interfere with, mislead or confuse traffic.

      6.   No sign shall be located in any of the following vision triangles formed by intersecting streets: At any intersection where at least one of the intersecting streets is a major or collector street as defined in the official map of the village. The sides of the triangle formed by the centerlines of the intersecting streets shall be one hundred twenty feet (120') in length as measured outward from the point of intersections of said centerlines along such centerlines. At all other intersections, each of such sides shall be eighty feet (80') in length.

      7.   No signs shall be nailed, tacked or otherwise affixed to trees or other vegetation.

      8.   No advertising other than a permitted sign shall be placed on any sign support.

      9.   No signs shall be placed on parked vehicles or trailers where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.

      10.   Any projecting or hanging sign must have a vertical clearance from the bottom of the sign to the grade below of eight feet (8'). (Ord. 2010-07-23, 7-15-2010)

      11.   No sign facing the side or rear lot line of an abutting residentially zoned lot shall be located within twenty five feet (25') of that residential lot line. (Ord. 2016-06-15, 6-2-2016)

   D.   Movable Sign Parts:

      1.   No sign or its parts shall be permitted to be movable or rotating; nor shall any sign have illuminated effects which convey the illusion of movement. (Ord. 2010-07-23, 7-15-2010)

      2.   With the exception of approved bulletin boards, theater signs, electronic message centers and certain temporary signs, no sign may contain movable letters or other changeable copy. (Ord. 2016-06-15, 6-2-2016)

      3.   All manually movable items on a sign, such as covers to service openings, shall be secured by chains or hinges.

   E.   Maintenance: All signs (including those for which no permit is required) and their supports shall be kept in a safe, presentable and good structural condition in accordance with the following requirements and with the applicable codes and ordinances of the village:

      1.   The owner of any sign shall keep the sign and support structure clean and properly treated so as to prevent rust, peeling, flaking or fading.

      2.   Broken panels, missing letters, flaking or peeling paint and other damage to a sign or support structure shall be repaired within thirty (30) days of its occurrence.

      3.   The area surrounding all signs shall be maintained free of any debris or nuisance and any related grassed area or landscaping shall be kept trimmed and in a healthy condition.

   F.   Removal Of Signs:

      1.   The village may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.

      2.   Any sign which is located on property which becomes vacant and unoccupied for a period of three (3) months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be taken down and removed by the owner, agent or persons having the beneficial use of the structure or property upon which such sign may be found. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management may be granted an additional three (3) month time extension by the village board after written application. (Ord. 2010-07-23, 7-15-2010)

   A.   Comprehensive Sign Plan Required: No permit shall be issued for a sign to be located in a unified business center until a comprehensive sign plan has been approved for the center and the sign complies with the provisions thereof.

   B.   Application For Sign Plan Approval: Application for approval of a comprehensive sign plan shall be made in writing to the plan commission 1 on a form and in a manner prescribed by them.

The application shall include a format for all signs to be used in the center, including their maximum size, color, location, illumination details, lettering type, mounting details and (if any) landscaping details.

   C.   Approval Of Sign Plan: Approval of a comprehensive sign plan shall be at the discretion of the village board after receiving the recommendation of the plan commission.

The criteria for approval of a comprehensive sign plan shall be the following:

      1.   Every sign shall have good scale and proportion in its design and in its visual relationship to the other signs, buildings and surroundings.

      2.   The signs in the plan shall be designed as an integral architectural element of the building and site to which they principally relate and shall not appear as "add ons" or intrusions.

      3.   The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.

      4.   The number of graphic elements and letters shall be held to the minimum needed to convey each sign's major message and shall be composed in proportion to the area of the sign's face.

      5.   Each sign shall be compatible with signs on adjoining premises.

   D.   Identification Sign: A unified business center may have one identification sign for the center in addition to the signs permitted for each separate business. Such identification signs may only include the name and graphic logo of the center, address of the center and also may include a time and/or temperature sign.

The permitted area of such identification sign shall be based upon a ratio of ten (10) square feet per one acre of the center's site, up to a maximum of seventy five (75) square feet. Every unified business center is permitted an identification sign of at least four (4) square feet per sign face.

Otherwise, unified business center identification signs shall conform to the regulations of the sign type to which they most closely resemble.

   E.   Directory Signs: Unified business centers may have common directory signs to guide pedestrians to individual businesses on the site. Such signs shall be limited to three (3) square feet per business listed on the sign. Centers must have a minimum of five (5) businesses to qualify to have one directory sign and may have one additional sign for each five (5) businesses.

   F.   Temporary Seasonal Signs: Unified business centers are allowed temporary seasonal or community event banners that include only the name of the unified business center and identification of a season, holiday or community event and do not include the name of any individual business, merchant or proprietor, on the condition that:

      1.   The banners be displayed for a period no longer than ninety (90) consecutive days and, once removed, not be displayed again for at least forty five (45) days.

      2.   The banners are suspended from an existing structure serving another primary purpose, such as light poles (which structure was not erected just to support the banners), and provided further that the banners are not attached to any building or any other sign or sign support.

      3.   The banners do not exceed six feet (6') in length (as hung) and thirty one inches (31") in width (as hung) and are at least thirteen feet (13') above the ground at their lowest point (as hung). (Ord. 2010-07-23, 7-15-2010)

   A.   Awning, Canopy And Marquee:

      1.   Projections: No awning or canopy signs may project above or beyond the awning or canopy to which they are mounted; however signs may be hung beneath canopies.

      2.   General Restrictions: It shall be unlawful to erect awnings, canopies or marquees or awning signs, canopy signs and marquee signs upon public property except as provided in this chapter:

         a.   All awnings, canopies and marquees and awning signs, canopy signs and marquee signs to be erected upon public property, or portions thereof, including streets, sidewalks and alleys, must be approved by the village board in accordance with this chapter.

         b.   All awnings, canopies and marquees and awning signs, canopy signs and marquee signs erected on public or private property shall be securely fastened and constructed in accordance with the building codes adopted by the village of Winfield.

         c.   No portion of any awning, canopy and marquee or awning sign, canopy sign and marquee sign shall be less than seven feet six inches (7'6") above the level of the public or private walkway and in no case shall such structures be erected over any public way used for vehicular traffic. No awning, canopy or marquee and awning sign, canopy sign or marquee sign shall be permitted to extend beyond a point one foot (1') inside the street curb line.

         d.   No advertising shall be placed on any awning, canopy or marquee and awning sign, canopy sign or marquee sign, except as may be permitted for signs under this chapter.

         e.   If awnings, canopies or marquees are used to display a primary identification sign, the area of such sign may not exceed twenty five percent (25%) of the surface of the awning, canopy or marquee or six (6) square feet, whichever is less.

         f.   If awnings, canopies or marquees are used as a secondary sign, lettering may be placed on the edge of an awning, canopy or marquee hanging perpendicular to the street if the lettering is nine inches (9") or less in height.

      3.   Existing Awnings, Canopies And Marquees: All awnings, canopies and marquees maintained over any public street, sidewalk or alley, which are in existence on the adoption of this chapter, shall not be repaired, altered or moved unless said awning, canopy or marquee is made to comply with the provisions of this chapter. (Ord. 2010-07-23, 7-15-2010)

   B.   Ground Signs:

      1.   Location: No ground sign shall be located closer than one hundred feet (100') from another ground sign on the same premises.

      2.   Sign Faces: No ground sign shall contain more than two (2) faces.

      3.   Height:

         a.   Commercial property (non-town center zoned): No part of a ground sign or related structure shall be higher than eight feet (8').

         b.   Town center (TC) zoned property and residential zoned property (noncommercial): No part of a ground sign or related structure shall be higher than six feet (6').

      4.   Area:

         a.   Commercial property (non-town center zoned): The maximum permitted area for a ground sign is one square foot for each one foot (1') of display frontage, up to a maximum sign area of forty (40) square feet for each single sign face.

         b.   Town center (TC) zoned property and residential zoned property (noncommercial): The maximum permitted area for a ground sign is one square foot for each one foot (1') of display frontage, up to a maximum sign area of thirty (30) square feet for each single sign face.

Masonry, wooden bases and landscaping incorporated as part of a ground sign shall not be counted as part of the permitted sign area as long as the masonry or wooden base does not contain lettering or graphic symbols.

      5.   Monument Signs: Monument signs should have a minimum of seventy five (75) square feet of landscaping around the base, consisting of at least fifty percent (50%) evergreens. (Ord. 2016-06-15, 6-2-2016)

   C.   Permanent Window Signs:

      1.   Method Of Signage: All permanent window signs shall be painted, metal leafed, or in some other manner permanently applied to either side of the glass of an exterior building window or door. No application using an adhesive shall be permitted unless the zoning administrator determines that the application is safe and will be permanent.

      2.   Sign Area: The maximum permitted area for permanent window signs is twenty percent (20%) of the area of the subject window. However, the area used for permanent window signs shall be deducted from the allowable area for wall signs or roof signs.

Permanent window signs must be confined to the glass of the window and shall not encroach upon the frame, mullions or other supporting features of the glass.

   D.   Pole Signs:

      1.   Location: The bottom of the sign face structure on a pole sign must be at least eight feet (8') from the ground and no pole sign shall be located closer than one hundred feet (100') from another pole sign on the same premises. No pole sign is permitted on frontage in any business zoning district unless the business building(s) is located more than forty feet (40') back from the street side property line.

      2.   Sign Faces: No pole sign shall contain more than two (2) faces. Said faces of a pole sign shall be parallel and located no more than two feet (2') apart.

      3.   Structural Restrictions: No pole sign shall have more than three (3) poles nor shall any pole have a cross sectional area at any point greater than one square foot.

      4.   Height: The maximum height of a pole sign shall be twelve feet (12') unless the sign is set back farther than the required minimum setback. In that case, a bonus of three inches (3") in height is permitted for each foot of additional setback, to a maximum height equal to the average height of the building to which the sign relates.

      5.   Sign Area: The maximum permitted area for pole signs is one square foot for each one foot (1') of display frontage, up to a maximum sign area of twenty five (25) square feet for each single sign face in any business zoning district.

   E.   Projecting Signs:

      1.   Projections Restricted: No projecting sign shall project more than six feet (6') from the plane of the wall nor closer than two feet (2') from the curb line, or, if there is no curb, the nearest edge of the street pavement.

The innermost point of a projecting sign face shall be no more than one foot (1') from the plane of the wall.

No portion of any projecting sign shall be less than seven feet six inches (7'6") above the level of the public or private walkway and in no case shall such structure be erected over any public way used for vehicular traffic.

      2.   Sign Faces: No projecting sign shall contain more than two (2) faces and the faces of a projecting sign shall be parallel and located no more than one foot (1') apart.

      3.   Movement: Projecting sign may swing, but all projecting signs must be permanently mounted.

      4.   Sign Area: The maximum permitted area for any projecting sign is four (4) square feet per face.

   F.   Pylon Signs:

      1.   Construction Requirements: All sides of a pylon sign must be enclosed and extend in a continuous plane from the top to bottom of the sign.

      2.   Location:

         a.   No pylon sign may be located closer than one hundred feet (100') from another pylon sign on the same premises.

         b.   No pylon sign is permitted on frontage in any business zoning district unless the business building(s) is located more than forty feet (40') back from the street side property line.

      3.   Sign Faces: No more than two (2) faces of a pylon sign may contain lettering or graphic symbols and said faces of a pylon sign containing lettering or graphic symbols shall be parallel and located no more than two feet (2') apart.

      4.   Height: The maximum height of a pylon sign shall be twelve feet (12') unless the sign is set back farther than the required minimum setback. In that case, a bonus of three inches (3") in height is permitted for each foot of additional setback, to a maximum height equal to the average height of the building to which the sign relates.

      5.   Sign Area: The maximum permitted area for a pylon sign is one square foot for each one foot (1') of display frontage, up to a maximum sign area of twenty five (25) square feet for each single sign face in any business zoning district.

   G.   Temporary Signs:

      1.   Temporary Signs Associated With Events: Individuals, businesses or organizations may apply for a special event sign permit. The village board will review all such requests. Special event sign permits may provide a time limit for displaying the sign.

      2.   Temporary Advertising Signs On Commercial Property: Sandwich board signs advertising sale items, daily specials or similar messages may be displayed during open business hours only or during daily specials and may not be placed in a manner which impedes traffic on sidewalks, driveways or parking lots. Sandwich board signs shall have a maximum area of six (6) square feet per sign face.

      3.   Pennants, Banners And Searchlights: Pennants, banners, searchlights and similar displays and devices designed to attract the attention of potential customers, and related to grand openings, going out of business, emergency information and similar purposes are subject to the following:

         a.   Searchlights may be permitted in connection with grand opening displays but they must be oriented skyward not breaking an angle of forty five degrees (45°) from the ground, and they may not be operated outside of open business hours. In no case shall searchlights be operated between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M.

         b.   Signs or similar displays may only be displayed for ninety (90) days per calendar year per permit.

         c.   No temporary sign shall cover more than ten percent (10%) of any wall nor more than seventy five percent (75%) of any window (except going out of business signs, which may cover 100 percent of any window).

         d.   Ground signs may not exceed four (4) square feet or four feet (4') in height.

      4.   Businesses: Temporary signs for businesses shall not be allowed on residential property.

      5.   Construction Signs: One construction sign per construction project denoting the name of the project, the architect, engineer, contractor and/or lending agency for the project. Such sign shall not exceed sixteen (16) square feet in area in residential districts or forty eight (48) square feet in commercial or industrial districts, nor shall such signs be erected prior to the beginning of construction for which a valid building permit has been issued. They shall be confined to the site of construction and shall be removed ten (10) days after completion of construction or the expiration of the building permit.

   H.   Time And Temperature Signs:

      1.   General Provisions: Time and temperature signs are regarded as general public service signs, therefore, only one-third (1/3) of the portion of such signs displaying time or temperature numbers shall be counted for purposes of determining permitted sign area. Otherwise, time and temperature signs shall conform to the regulations of the sign type to which they most clearly resemble.

      2.   Display Area: Time and temperature signs shall have a display area for numbers of a minimum of two feet (2') in one dimension and a maximum of four feet (4') in the largest dimension.

      3.   Readings To Be Accurate: Time and temperature signs must be adjusted to present accurate readings.

      4.   Frequency Of Reading Changes:

         a.   Temperature signs shall not change except when the temperature changes one degree (1°), unless the display face is used for alternate time readings.

         b.   With the exception of a second hand, time signs shall be permitted to change no more frequently than one minute intervals, unless the display face is used for alternate temperature readings.

         c.   If the same display face is used for alternating time and temperature readings, the frequency of change shall be no more than once every fifteen (15) seconds.

   I.   Wall Signs:

      1.   Design Restrictions:

         a.   No wall sign shall extend above or beyond the wall to which it is attached.

         b.   No wall sign shall project more than twelve inches (12") beyond the plane of the wall to which it is attached.

         c.   All mounting brackets and other hardware used to affix a sign to a wall shall be concealed by the sign or integrated into the design of the sign.

      2.   Location: No wall sign shall be located higher than eighty five percent (85%) of the average height of the total building elevations parallel to and adjacent to the sign.

      3.   Sign Areas: The maximum permitted area for a wall sign is nine-tenths (0.9) of a square foot for each one foot (1') of display frontage, but shall not exceed fifty (50) square feet. However, if an awning sign or permanent window sign is mounted on the same frontage, the area used for either of those signs shall be deducted from the allowable area of a wall sign.

      4.   Separate Structure Required: No signs may be painted directly on any wall. (Ord. 2010-07-23, 7-15-2010)

   J.   Electronic Message Centers (EMC):

      1.   Location: No EMC sign may be located closer than one hundred feet (100') from residential zoned property.

      2.   Duration: The electronic message shall not change more than once every ten (10) seconds.

      3.   Effects: Flashing, blinking, scrolling, chasing, animation, and other similar effects shall be prohibited.

      4.   Area: The sign area of an EMC must be included as part of the total square footage of a permitted ground sign, and shall not exceed fifty percent (50%) of the total square footage of a permitted ground sign.

Exception: An existing message center shall be allowed to be exchanged with an electronic message center of the same size.

      5.   Message: When an EMC message changes, the prior message shall disappear simultaneously with the appearance of the new message.

      6.   Light Adjustment: A photocell to allow the EMC brightness to automatically adjust to the ambient light shall be required. (Ord. 2016-06-15, 6-2-2016)

Certain business operations are hereby found to be unique with respect to their sign requirements and therefore justified to be permitted to have secondary signs as specified below. These include:

Gasoline stations. Gasoline stations are unique because their primary functions are performed out of doors in a manner prescribed by state statutes.

Movie and live entertainment theaters. These theaters are unique because of the rapid turnover of the name of their entertainment product.

Restaurants with drive-through service. Restaurants with drive-through service are unique because of their need to display additional helpful information to patrons.

In addition to the signs permitted by other sections of this chapter, the following signs are permitted uniquely to the following operations:

   A.   Gasoline Stations:

      1.   Two (2) signs per pump island which designate the function of the island as "self-service" or "full service". Such signs shall not have more than two (2) faces and shall not exceed three (3) square feet per face.

      2.   One sign per type of fuel sold which designates the price of that fuel. Such signs shall not have more than two (2) faces and shall not exceed six (6) square feet per face. The sign area for more than one type of fuel may be combined into one sign.

      3.   One nonilluminated sign identifying the service performed in each service bay may be placed over the opening to each bay. Such signs shall have one face and shall not exceed three (3) square feet each.

      4.   One nonilluminated nameplate identifying the owner or operator is permitted adjacent to the doorway of the station. Such nameplate shall have one face and shall not exceed two (2) square feet in area.

      5.   Any sign required by state or federal government.

   B.   Movie And Live Entertainment Theaters: Each theater may have one sign of up to fifty (50) square feet which will accommodate changeable lettering copy. A theater's changeable copy sign may have two (2) faces if it is freestanding, but both faces must be parallel and located no more than two feet (2') apart. Said changeable copy sign may be located on a marquee, provided it does not project above or beyond the structural limits of such marquee, nor does it project closer than two feet (2') from the curb line. Otherwise, a theater's changeable copy sign shall conform to the regulations for the sign type to which it most nearly resembles.

   C.   Commercial Or Industrial Buildings: Signs on or adjacent to doors of commercial or industrial buildings displaying information such as the names and address of the occupant, the hours of operation, or instructions for deliveries. Such signs shall not exceed four (4) square feet in area, shall not contain letters exceeding six inches (6") in height and shall not be illuminated. Where multiple tenants share the same door, the sign may display the names and addresses of each tenant.

   D.   Construction Sites: Signs at construction sites as required by section 9-8-3 of this code.

   E.   Automated Teller Machine Signs:

      1.   Signs for automated teller machines shall not be considered off site signs and may be allowed so long as the sign is located on the same premises as the automated teller machine for which it is advertising.

      2.   Letter height shall not exceed twelve inches (12").

      3.   In no case shall the sign area exceed twelve (12) square feet.

      4.   The sign face shall be oriented to the street, internal driveway or parking areas.

      5.   The sign may contain a bank logo as part of the sign area, but it shall not exceed fifty percent (50%) of the sign area.

      6.   Signage customarily associated with the automated teller machine which provides instructions as to usage shall be permitted directly on the machine.

   F.   Drive-Through Restaurant Signs:

      1.   Each drive-through restaurant is permitted two (2) freestanding menu signs. A menu sign shall be used to display the published menu and pricing.

      2.   The maximum area of each such sign shall be thirty two (32) square feet.

      3.   The maximum height of such signs shall be six feet (6'). (Ord. 2010-07-23, 7-15-2010)

   A.   Maximum Sign Area: Except as provided in sections 10-2-16-4, 10-2-16-5 and 10-2-16-6 of this chapter, the maximum permitted sign area for one business shall be as follows:

 

 

This maximum permitted area may be split up between as many signs and sign types as desired by the applicant, subject to the maximum sizes permitted for each sign type indicated in section 10-2-16-5 of this chapter.

   B.   Calculation Of Sign Area: The following methods shall be used to calculate the sign area of various types of signs:

      1.   For ground signs, pole signs, projecting signs, pylon signs and roof signs, the sign area shall be calculated by measuring the entire area enclosed within the smallest regular geometric form, or combination of regular geometric forms, which may be inscribed to encompass the perimeter of the sign structure, excluding structural support members extending beyond the frame or background border of the sign. In the case of signs with more than one face, the area shall be computed only for the maximum single display surface which is visible from any one ground position.

      2.   For wall signs, awning and canopy signs, and window signs, the sign area shall be calculated by measuring the entire area enclosed within the smallest regular geometric form, or combination of regular geometric forms, which may be inscribed to encompass all letters and graphic symbols of the sign, including horizontal spacings between such letters and symbols plus any additional portion of the background which is framed by a border, internally illuminated, consisting of a color or tone different than the wall to which the sign is attached, or projects more than three inches (3") beyond the plane of the wall to which it is attached.

   C.   Multiple Frontages: When a business has more than one building frontage, the restrictions on the number of signs and sign area shall apply independently to each frontage, subject to the following limitations:

      1.   The maximum permitted sign area shall apply to any one building frontage at the applicant's option and the permitted sign area on any other frontage shall be reduced by fifty percent (50%).

      2.   No signs permitted by one frontage may be transferred to another frontage.

      3.   Double faced signs erected on or near the corner of a building or parcel so as to be equally visible from each frontage shall be counted as part of the permitted sign area for each frontage.

   D.   Multiple Floors: When a business premises contains more than one floor aboveground, the display frontage may be used to calculate permissible sign area for each floor, subject to the following limitations:

      1.   If the operations of a single business cover more than one floor and at least seventy five percent (75%) of the floor(s) above the ground floor is open to public customers or clients, then twenty five percent (25%) of the display frontage of the upper floor(s) may be used to calculate permissible sign area.

      2.   If the floor(s) above the ground floor contains one or more businesses different from the business(es) occupying the ground floor, and if the aggregate area occupied by such business(es) equals at least seventy five percent (75%) of the upper floor(s), then one hundred percent (100%) of the display frontage of the upper floor(s) may be used to calculate permissible sign area.

   E.   Multiple Occupants: In buildings with multiple business occupants, each occupant shall be allotted a sign area proportional to the ratio of total floor area in the building to the floor area he occupies. Common areas shall not be included in this calculation.

   F.   Business Premises Without Buildings: For business premises which do not contain buildings larger than four hundred (400) square feet, and which lawfully store their merchandise outside, the permitted sign area shall be calculated on the basis of five one-thousandths (0.005) of a square foot of sign area for each one square foot of the subject parcel, up to a maximum of eighty (80) square feet of sign area. (Ord. 2010-07-23, 7-15-2010)

The following signs, as defined in section 10-2-16-1 of this chapter are specifically and expressly prohibited from being located, constructed, erected, displayed, placed, structurally or graphically altered, used, maintained or relocated within the village unless otherwise provided for in this chapter:

   A.   Any backlit awning/canopy/marquee.

   B.   Any roof sign.

   C.   Any off site signs, except as provided for in section 10-2-16-10 of this chapter.

   D.   Attention attracting devices, pennants and streamers; except where a temporary use permit specifically allowing such devices has been obtained.

   E.   Inflatable or balloon signs in any zoning district, except where a temporary use permit specifically allowing such signs has been obtained.

   F.   Portable or wheeled signs, except where a temporary use permit specifically allowing such signs has been obtained.

   G.   Painted wall signs (painted directly on an exterior wall).

   H.   Signs placed on parked vehicles or trailers for the apparent purpose of advertising a product or business. (Ord. 2010-07-23, 7-15-2010)

   A.   Qualification: Any sign, except temporary signs as described in subsection 10-2-16-5G of this chapter, located within the village on the date of adoption of this chapter, or located in an area annexed to the village thereafter, which does not conform with the provisions hereof, is a "legal nonconforming" sign and is permitted, provided it also meets the following requirements:

      1.   The sign was covered by a sign permit or variance on the date of adoption of this chapter, if one was required under applicable law.

      2.   If no sign permit was required under applicable law for the sign in question, the sign was in all other respects in compliance with applicable law on the date of adoption of this chapter.

   B.   Loss Of Status: Any of the following actions shall cause a sign to lose its legal nonconforming status:

      1.   Damage to a sign which requires repairs which will exceed fifty percent (50%) of the replacement value of the sign;

      2.   Required maintenance which will exceed fifty percent (50%) of the replacement value of the sign;

      3.   Relocation of a sign either on the premises or to another location; or

      4.   Remodeling which encompasses more than fifty percent (50%) of the display frontage of the business to which the sign relates.

   C.   Continuing Obligations: Nothing in this section shall relieve the owner or user of a legal nonconforming sign, or owner of the property on which the legal nonconforming sign is located, from the provisions of this chapter regarding safety, maintenance and repair of signs; provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming. (Ord. 2010-07-23, 7-15-2010)

The following shall be exempt from all but the maintenance and public safety requirements of this chapter:

   A.   Flags And Emblems: Flags or emblems of governmental or political, civic, philanthropic, educational or religious organizations displayed on private property.

   B.   Government Signs: Signs of a duly authorized governmental body including traffic or other similar regulatory devices, directional signs, legal notices, warnings at railroad crossings, and other instructional or regulatory signs having to do with health, hazards, parking, swimming, dumping, etc.

   C.   Memorial Signs: Memorial signs or tablets listing names of buildings and date of erection, when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other incombustible material.

   D.   Addresses 1 : Address numerals and other signs required to be maintained by law or governmental order, rule or regulation; provided, that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation.

   E.   Directional Signs: Nonelectrical signs, not exceeding four (4) square feet in area, which provide instruction or direction and are located entirely on the property to which they pertain to identify restrooms, public telephones, walkways, parking lot entrances and exits, and features of a similar nature.

   F.   Holiday Decorations: Displays of a primarily decorative nature, clearly incidental and customary and commonly associated with any national, local or religious holidays, on the condition they do not act as advertisements. Decorations must be removed within forty five (45) days following the holiday.

   G.   Business Nameplates: Nonelectrical nameplates mounted to the principal building or mailbox denoting the business name of an occupation legally conducted on the premises; provided that the sign area does not exceed two (2) square feet in area.

   H.   Bulletin Boards: Bulletin boards not exceeding twenty (20) square feet for public, charitable or religious institutions where the same are located on the premises of said institutions.

   I.   Warning Signs: No trespassing or no dumping signs, not exceeding one and one-half (11/2) square feet per sign, and not exceeding four (4) in number per lot; except, that special permission may be obtained from the administrator for additional signs under proven special circumstances.

   J.   Temporary Window Signs: Paper and other temporary signs affixed to the inside of a window and advertising temporary commercial situations related to goods or services sold on the premises; provided, that the total of all signs, including those permanently mounted, in that window occupy no more than seventy five percent (75%) of the window's area and no such temporary sign shall be in place longer than thirty (30) days. In buildings without windows on at least three (3) sides but with spaces specifically provided for the placement of temporary signs in locations where windows might otherwise be installed, signs as provided herein and subject to the same restrictions as to duration may be affixed to the exterior of those spaces provided in lieu of windows, on the condition that the signs be placed within a frame no larger than eighteen (18) square feet and covered with glass, plastic or similar waterproof material, and on the further condition that the number of such signs not exceed four (4) in number on any one side of the building and not exceed a total of eight (8) on all windowless sides of the building added together.

   K.   Religious And Historic Symbols: Religious symbols, identification emblems of religious order, or commemorative plaques of recognized historical agencies; provided, that no such symbol, plaque or identification emblem shall exceed four (4) square feet; and provided further, that all such symbols, plaques and identification emblems shall be placed flat against a building, stone or other permanent surface.

   L.   Living Complex Signs: Subdivision and multiple-family complex identity signs, provided that:

      1.   No more than two (2) signs are erected at each entry to the subdivision or complex; and

      2.   The sign area of individual signs does not exceed sixteen (16) square feet on both sides of a two (2) sided sign or eight (8) square feet on a one sided sign; and

      3.   The sign contains only the name of the subdivision or complex and appropriate logo, but does not advertise the availability of units or land for sale or rent; and

      4.   The sign is located at least fifteen feet (15') from the property line along the street from which it is to be viewed and one hundred feet (100') from any dwelling unit; and

      5.   The sign has a landscaped base.

   M.   Political Signs: Political signs of no more than twenty four (24) square feet per lot, with a maximum of six (6) square feet for any one sign.

Political signs shall be removed by a candidate or candidate's worker within five (5) days after an election.

Furthermore, it is the recommendation of the village that political signs not be installed more than forty five (45) days prior to an election.

   N.   Agricultural Business Signs: Business signs, not exceeding twenty four (24) square feet, when located on property used for agricultural purposes and pertaining to the sale of agricultural products grown or produced on the premises.

   O.   Real Estate Signs:

      1.   Signs identifying real estate for sale, rent or lease with one sign per lot or per principal structure, except on a corner lot where one sign may face each street;

      2.   Signs shall not exceed six (6) square feet per face in residential districts;

      3.   Signs shall not exceed twenty four (24) square feet in commercial and office districts;

      4.   Signs shall not exceed twenty four (24) square feet in industrial districts;

      5.   Signs shall not be illuminated;

      6.   All such signs must be removed within twenty four (24) hours of the closing sale or lease of said property;

      7.   Off site directional signs are permitted subject to the following:

         a.   Signs shall not exceed three (3) square feet per face with a maximum of two (2) faces;

         b.   Sign height shall not exceed four feet (4');

         c.   Signs shall only be placed on private property provided that prior permission has been obtained from the owner of the property;

         d.   Signs are permitted on the day of the open house or event associated with the sale or lease of property only;

         e.   Directional signs are limited to individually owned residential units that are for sale or rent and cannot be used to advertise subdivisions, commercial developments, apartments or vacant land.

   P.   "Open" Signs: No more than two (2) temporary signs which advertise premises open for inspection, provided such signs do not exceed four (4) square feet each, are located with no more than one sign per frontage, either on the premises to be inspected or on other private property with that property owner's or tenant's permission, and are only in place when the related premises is actually open for inspection.

   Q.   Special Displays: Special displays used for holidays, public demonstrations or the promotion of civic welfare or charitable purposes, provided they are approved by the village board after submission of a written application, they contain no noncharitable advertising and they are removed by the deadline established by the board in its approval.

   R.   Model Home Signs: A sign identifying a nonoccupied new home used as a demonstrator constructed for the purpose of selling other homes. Each model home located on and within a recorded residential subdivision for the sale of homes or lots thereon may have one identification sign not to exceed fifteen (15) square feet in area, located entirely within the lot containing the model. Colored flag banners may be used for a maximum of ten (10) days to identify introductory new models.

   S.   Garage Sale Signs:

      1.   The sign area shall not exceed three (3) square feet per face with a maximum of two (2) faces per sign;

      2.   The sign height shall not exceed four feet (4');

      3.   Signs shall only be placed on private property provided that prior permission has been obtained from the owner of the property;

      4.   Signs may not be placed in any street right of way, public park or at other publicly owned facilities;

      5.   Signs permitted by this provision are limited to the days that the garage sale is in progress;

      6.   Garage sale directional signs are limited to the sales of used household furniture, clothing, appliances and similar household items, but not including the sale of motor vehicles, recreational vehicles, boats, new merchandise, or any product or services associated with a home occupation.

   T.   Large Project Identification Signs: In conjunction with the construction of dwelling units on previously subdivided lots of which a majority are contiguous, are under the same ownership, are being developed at the same time and the total land area of the lots, excluding all dedicated public rights of way, is at least equal to one acre, one on site sign is allowed temporarily on a lot within the project but not upon any public right of way subject to the following limitations:

      1.   The sign shall not be more than six feet (6') in height, measured from the ground to the top of the sign.

      2.   The sign shall be limited in size to twenty four (24) square feet on each sign face, and only a maximum of two (2) sign faces are allowed.

      3.   The sign shall not be located closer than fifty feet (50') to a lot improved with a dwelling unit that was constructed prior to the commencement of the project the sign identifies, and shall meet the location requirements of subsections 10-2-16-3C3, C5, C6, C7, C8 and C9 of this chapter.

      4.   The sign shall contain no more than five (5) lines of characters, whether composed of words or figures or both, per sign face, but in addition, one logo per sign face is allowed.

All project identification signs shall be removed not later than fourteen (14) days after construction of the last dwelling unit in the project is completed, or not later than six (6) months after the most recent building permit for a lot within the project has been issued, whichever first occurs. The sign may be double faced so long as the wording on each side of the sign is identical, and only one side shall be used to calculate the allowable square foot area of the sign.

   U.   Public Notice Signs: As required by section 10-11-6 of this title. (Ord. 2010-07-23, 7-15-2010)

Any person who violates the provisions of this chapter shall be fined as provided in section 13-1-3 of this Code for every day of such violation. (Ord. 2010-07-23, 7-15-2010; amd. per correspondence dated 7-31-2018)

(Ord. 2019-11-26, 11-21-2019; amd. Ord. 2022-12-14, 12-15-2022)