22.32.010 PURPOSE AND INTENT

It is hereby determined that regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services and facilities without difficulty and confusion, to promote traffic safety, safeguard public health and welfare and prevent wasteful use of natural resources in competition among businesses for attention.

In addition, it is the intent of this Section to assure the continued attractiveness of the total community environment through the adoption of discretionary controls designed to preserve scenic, aesthetic and economic values within the Village.

It is further determined that signs lawfully erected and maintained under the provisions of this Section are consistent with customary usage.

The standards contained herein are intended to be content neutral while achieving the following objectives:

1. Recognize the proliferation of signs unduly distracts motorists and non-motorist public, reduces the effectiveness of signs that direct and warn the public, causes confusion, reduces desired uniform traffic flow, and creates the potential for vehicular accidents.

2. Prevent signs that are potentially dangerous to the public because of structural deficiencies or disrepair.

3. Reduce visual pollution and physical obstructions caused by a proliferation of signs which could diminish the Village's image, property values and quality of life.

4. Recognize that the principal intent of commercial signs, to meet the purpose of these standards and serve the public interest, should be for identification of an establishment on the premises, and not for advertising special events, brand names, or off-premise activities; alternative channels of advertising communication and media are available for advertising that does not create visual blight nor compromise safety of the motoring public.

5. Enable the public to locate goods, services and facilities without excessive difficulty and confusion by restricting the number and placement of signs.

6. Prevent placement of signs that will conceal or obscure signs of adjacent uses.

7. Protect the public right to receive messages and other types of information protected by the First Amendment of the U.S. Constitution.

8. Achieve a substantial government interest for public safety, aesthetics, and protection of property values.

9. Prevent off-premise signs from conflicting with land uses.

10. Maintain and improve the image of the Village by encouraging signs that are compatible with and complementary to related buildings, uses, and adjacent streets through the establishment of specific standards for various commercial areas in the Village.

11. Restrict the use of portable commercial signs to use in grand openings and re-openings only, in recognition of their collective significant negative impact on traffic safety and aesthetics. {Ord. 279 2-19-97}

22.32.020. DEFINITIONS

The following words and phrases shall have the meanings set forth in this Section when they are used in this Section:

1. Architectural Features: Components of construction, either permanent or temporary, which are an integrated part of a structure or attached to a structure and constitute a portion of the exterior design, including, but not limited to: arches, transoms, windows, moldings, columns, capitals, dentils, lintels, parapets, pilasters, sills, cornices, cupolas, awnings and canopies.

2. Business: Any legal use of a building, other than for religion , day care center, school, home occupation or residence, by a person, firm or corporation. Although contained in the same building as another business and owned by the same person, an activity may be treated as a separate business only if all of the following exists:

a. The businesses are physically separated from each other in a manner that complies with BOCA requirements for separation between mixed uses,

b. Each business uses different personnel, and

c. Each business provides distinctly different products or services.

3. Building Frontage: The length of the portion of a building occupied by a single business facing a street abutting the premises on which the business is located.

4. Maximum Height: Shall be measured from grade or sidewalk to the highest edge of the sign surface or its projecting structure.

5. Owner: A person, firm, partnership, association or corporation and/or its legal successors.

6. Permanently Anchored: Sign structures fixed or fastened in a secure manner to a building, structure or the ground .

7. Premises: Any contiguous real property under the same ownership or control that is not divided by a public street.

8. Sign: A name, message, identification, image, mural, description, display, lights or lighting effects, balloon, banner or illustration that is affixed to, or painted, or otherwise located or set upon, or in, a building, bench, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business and that is visible from any public street, sidewalk, alley, park or public property. The definition includes interior and exterior signs but not signs primarily directed at persons within the buildings of the sign owners. The definition does not include goods displayed in a business window. The definition does not include religious symbols or paintings that do not display lettering and do not advertise a business, product or service.

a. Accessible Sign: A sign that designates a site, building, facility, parking space, or portion thereof as barrier-free, that can be approached, entered, and used by individuals with disabilities and complies with Uniform Federal Accessibility Standards. Signs shall be marked with the International Symbol of Accessibility.

b. Accessory Sign: A sign that pertains to the principal or accessory use of the premises upon which such sign is located.

c. Awning Sign or Canopy Sign: A sign that is painted on, printed on, cut out from, and/or attached flat against the surface of an awning or canopy.

d. Barrier-Free Parking Sign: An above-grade sign that identifies a barrier-free parking space for individuals with disabilities and accessible passenger loading zones located closest to the nearest accessible entrance on an accessible route. Barrier-free parking signs shall be marked with the International Symbol of Accessibility.

e. Banner Sign: A sign on paper, cloth, fabric or other flexible or combustible material of any kind, either with or without frames.

f. Billboard Sign: A non-accessory free-standing sign upon which a display can be posted, painted or otherwise affixed in a manner that is readily changed.

g. Bulletin Board: A sign with temporary or replaceable letters or characters, used to announce dates of functions or activities.

h. Construction Sign: A sign advertising a project under development, erected for the period of construction, identifying its developers, contractors, engineers, brokers and architects.

i. Changeable Message Signs: A sign or part of a sign which, by means of electronically illuminated characters, provides a varying message to the public.

j. Directional Sign: A sign, whose primary purpose of which is to expedite the flow of vehicular and/or pedestrian traffic to, from and within a site.

k. Flag: A banner of distinctive design used as a symbol of a nation, state or other governmental entity.

l. Grade: The average elevation of an area within a radius of the sign base equal to two times the height of the sign.

m. Ground Sign: A free-standing sign supported by one or more uprights, poles, pylons or braces placed in, or upon, the ground and not attached to any building or other structure.

n. Group Identification Sign: A sign or entranceway structure, listing the names and addresses only of the establishments occupying a development, subdivision or condominium. The erection of such identification signs is intended to assist the public in locating establishments within its immediate area and shall be placed upon property within the development, subdivision or condominium.

o. Institutional Sign: A sign containing a surface area upon which is displayed the name of a religious institution, school, library, community center, or similar institution, and the announcement of its services or activities.

p. Interior Sign: A sign visible from any public street, sidewalk, alley, park or public property and located within a building.

q. Marquee Sign: A sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building.

r. Moving Sign: A sign that has motion either constantly or at intervals or that gives the impression of movement through intermittent, flashing, scintillating or varying intensities of illumination.

s. Non-Accessory Sign: A sign relating to a business, activity, use or service not performed on the premises or to a product not fabricated, produced, handled or sold on the same premises upon which the sign is displayed.

t. Occupational Sign: A sign denoting only the name and profession of an occupant in a commercial building or public institutional building.

u. On-Premises Sign: A sign that advertises only goods, services, facilities, events or attractions available on the premises where located, or identifies the owner or occupant or directs traffic on the premises. All other signs are off-premise signs.

v. Outline Tubing Sign: A sign arranged of exposed gaseous tubes that outline and call attention to certain features of an advertising device such as individual letters, figures, shapes or words, commonly referred to as a neon sign.

w. Parasite Signs: A sign intended to draw attention to any one or more of various services, items for sale, contests, etc., and is attached as an appendage to an accessory sign, sign support or any part of a principal building, accessory building or other structure located on any premises.

x. Political Sign: A sign relating to the election of a person to public office or to a political party or the expression of a political opinion, or to an issue or matter to be voted upon.

y. Portable Sign: A sign or sign board that is free-standing and not permanently anchored or secured to either a building, structure or the ground; such as, but not limited to, so-called "A" frame, "T" shaped or inverted "t" shaped stands, or any sign attached to a trailer or other vehicle but used with the express intent of advertising.

z. Projecting Sign: A sign erected and attached at one end to a building, pole or other structure, or any part thereof, which extends beyond the attachment surface by more than 12 inches.

aa. Real Estate Sign: A sign advertising only that the premises upon which the sign is located is for sale, rent or lease and other information essential to the proposed real estate transaction.

bb. Roof Sign: A sign erected, constructed and maintained above the roof or parapet of a building or any portion thereof.

cc. Stadium Sign: Any sign, including athletic scoreboards and press box signs, located within or attached to a structure with tiers of seats for spectators built around a facility for sports events of a public or private school.

dd. Temporary Signs: An information sign, banner, pennant, commercial flag, or balloon, with or without a structural frame, intended for a limited period of display, such as for sales events, or special decorative displays for holidays or public demonstrations, not including accessory signs as defined under item (b) above, or signs pertaining to sale, rent, or lease of property.

ee. Time/Date/Temperature Sign: A sign that displays only the current time and/or date and/or temperature that may include the name, and/or insignia of a business on the premises.

ff. Wall Sign: A sign attached to, painted on, inscribed, or otherwise set upon the exterior wall or surface of any building, no portion of which projects more than 12 inches from the wall, and that may not project above the top of the adjacent wall

9. Sign Erector: Any person engaged in the business of erecting, constructing, altering, or removing signs on a contractual or hourly basis.

10. Sign Area: The entire surface area within a circle, triangle, rectangle or other geometric shape enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed. {Ord. 279, 2-19-97}

22.32.030 MEASUREMENT OF SIGN AREA

The total sign area is to be expressed in square feet and shall be computed as herein set forth and permitted in the District Provisions Section of this Ordinance.

1. Single-Face Sign total area shall be computed as the number of square feet within lines drawn at the outer perimeter forming any single and/or combination of geometric shapes, such as a square, rectangle, triangle or circle encompassing the extreme limits of an individual letter(s), word(s), message(s), representation, emblem or any similar figure, including open space(s), together with any frame or other material forming an integral part of the display used to differentiate such sign from the background against which it is placed.

2. Double-Face Signs having two faces of equal or similar size arranged and/or positioned back-to-back and parallel or with the faces at an included angle of not more than 30 degrees in the plan or vertical view; the area of the sign shall be computed as one-half the total area of the two faces. When the faces of such a sign are not of equal area, then the area of the sign shall be computed as the total area of the largest face.

3. When two Single-Face Signs are arranged and/or positioned within 36 inches of each other, the area of the two signs shall be computed as one Single-Face Sign and total area shall include the open space between the two separate faces. {Ord. 279 2-19-97}

22.32.040 SIGN ERECTION PERMITS AND APPLICATIONS

1. Sign Erection Permit Required. It shall be unlawful for any person to erect, re?erect, alter or relocate any sign unless a permit shall have been first obtained from the Building Official, except as provided in the EXEMPT SIGN Section 22.32.050. The Planning Board, except for temporary signs as stated in TEMPORARY SIGNS Section 22.32.100(4), shall review all signs for compliance with these regulations and according to the standards stated in APPROVAL STANDARDS Section 22.32.095. A permit fee must be paid in accordance with the schedule adopted by resolution of the Village Council. Any sign that makes use electricity shall, in addition to a sign permit, require an electrical permit, regardless of size. {Ord. 261, 11-22-92}

2. Planning Board Approval Required. A type of sign not explicitly defined in DEFINITIONS of this Section must be approved by the Planning Board before a permit shall be issued.

3. Sign Erection Permits. Permits for the erection of signs shall only be issued to persons qualified to carry on such work under the provisions of this Section.

4. Sign Erection Permit Expiration. A sign permit shall become null and void if the work for which the permit was issued is not completed within 90 days of the date of issue.

5. Sign Erection Permit Applications. Applications for sign permits shall be made upon forms provided by the Building Department for this purpose and shall contain the following information:

a. Name, address and phone number of applicant.

b. Location of the building, structure, or lot on which the sign is to be attached or erected.

c. Position of the sign on the building, structure or lot on which the sign is to be attached or erected.

d. Position of the sign in relation to nearby buildings, structures, property lines, and rights-of-way, existing or proposed.

e. 12 copies of the plans and specifications and method of construction and attachment to the building or in the ground.

f. Copy of calculations, if deemed necessary by the Building Official, showing the structure is designed for dead load and wind pressure in accordance with the regulations adopted by the Village.

g. Name and address of the sign erector.

h. Insurance policy and/or performance bond as required herein.

i. Such other information as the Building Official may require to show full compliance with this and all other applicable laws of the Village and the State of Michigan.

j. When public safety so requires, the application containing the aforesaid material shall, in addition, bear the certificate or seal of a registered structural or civil engineer as a condition for issuance of a permit.

k. Indicate the zoning district in which the sign is to be located.

6. Servicing. No permit shall be required for ordinary servicing, repainting of existing sign message, or cleaning of a sign. No permit is required for change of message of a sign designed for periodic message change without change of structure, including a bulletin board or billboard. {Ord. 279, 2-19-97}

22.32.050 EXEMPT SIGN

No erection permit shall be required for signs enumerated below. Such exemptions, however, shall not be construed to relieve the owner of the sign from responsibility for its proper location, erection and maintenance. Sign areas provided below are in addition to the sign area limits per premises of this Section:

1. Accessible Signs: Signs that designate a site, building, facility, or portion thereof as barrier-free.

2. Flags: The flag bearing the official designation of the United States of America when displayed on a flagpole of a height not exceeding 30 feet, but not more than one such flagpole per premises. No more than two additional flags which bear the symbol of a nation, state or other governmental entity, may be displayed on each premises on flagpole(s) of a height not exceeding 30 feet. Any site containing multiple businesses or containing multi?family dwelling units may display one United States flag for each separate business or dwelling unit, provided that the display of the flags is limited to areas directly leased or owned by the occupants of the individual structures or units.

3. Government Signs: Signs erected on a Village, County, Township, State or Federal building or land which announce the name, occupancy, achievements, and information of the use or admission to the premises.

4. Interior Signs and Gasoline Service Station Pump Island Signs: When erected in compliance with all other sections of this Section.

5. Numerical Address Signs: Single Family Residential Uses: Not to exceed six square feet; Nonresidential: Not to exceed 30 square feet.

6. Political Signs: Shall be solely for the purpose of providing information relating to the election of a person to public office, or to a political party, or the expression of a political opinion, or to any matter to be voted upon, and shall be permitted subject to the following conditions:

a. Maximum Area: Individual signs shall not exceed six square feet in area. Permission to locate subject signs shall be obtained from the owner or occupant of property on which the sign is located. Failure to comply with this condition shall be cause for immediate removal of that sign. Political signs shall not be attached to any utility pole, other sign, other sign parts or landscaping including trees. Political signs shall be ground or wall signs. No ground sign shall be higher than four feet above grade. {Ord. 261, 11-22-92}

b. Political signs shall be removed within ten calendar days after the election or event to which they relate.

c. Political signs shall not be erected in such a manner that they will or reasonably may be expected to interfere with, obstruct, confuse or mislead traffic. {Ord. 299; 6-7-00}

7. Public or Private School Achievement Signs: Signs erected by, or for, a public or private school announcing the achievements of the school or its students provided each such sign is no more than 18 square feet in area.

8. Real Estate: Accessory signs advertising premises for sale, rent and/or lease, when not more than six square feet in area for a single dwelling or building or vacant land.

a. Open House Sign: A non-accessory real estate sign not to exceed four square feet in area designed to give direction to a premises that is for sale, rent and/or lease may be located on private property. The sign height shall not exceed three feet above grade. Permission to locate subject signs shall be obtained from the owner or occupant of property on which the sign is located. Failure to comply with this condition shall be cause for immediate removal of that sign.

b. Removal: All real estate signs shall be removed from the premises according to the requirements of Section 22.32.100 (1) (d).

9. Small signs including "garage sale" signs: Accessory signs, which are not more than two square feet in area, may be erected on a residential premises provided the total area of all such signs on one premises shall not exceed four square feet. Garage sale signs shall be permitted to be displayed for periods of no more than four days in any 90 day period.

10. Stadium Signs: Athletic scoreboards are exempt if all of the following conditions are met:

a. The total square footage for all athletic scoreboards within an individual athletic facility, such as a football or soccer stadium or a baseball or softball field, shall not exceed 200 square feet;

b. There is no commercial advertising;

c. An electronic changeable message sign shall not be included; and,

d. No smoke, fireworks or other special effects that have an off-site impact shall be produced.

e. In addition to any permitted scoreboard, one additional stadium sign is exempt if the following conditions are met:

i. The total area of the additional stadium sign shall not exceed 100 square feet; and,

ii. The additional stadium sign is located no closer than 200 feet from the nearest right-of-way line.

11. Street Signs: Signs erected by the Village, County, State, or Federal government for street direction or traffic control and information.

12. Temporary Signs: Temporary signs, used for non-commercial messages such as for public demonstrations or promotions of civic welfare or charitable purposes on which there is no commercial advertising, provided the Village is held harmless and blameless for any damage or injury resulting therefrom. These signs shall not exceed six square feet in area, and shall be displayed for a period not to exceed 30 cumulative days in any six month period unless approved, for other periods, by the Planning Board. {Ord. 279, 2-19-97}

13. General Expression Signs: Signs that are designed for the expression of religious, personal, or political messages may be erected on a residential premises provided not more than one sign per premises is permitted which does not exceed six square feet in area. {Ord. 299; 6-7-00}

22.32.060 SIGN ERECTOR REQUIREMENTS

Permits may be issued only to licensed persons in compliance with the following provisions:

1. License Application: Any person before engaging or continuing in the business of erecting or repairing signs in the Village shall apply for an annual sign erector's license subject to the following conditions:

a. Insurance Certificates: Before a license is issued, the installing company shall submit for filing with the Village Clerk a valid Certificate of Insurance, approved by the Village Attorney, for bodily injury liability in the amount of $250,000.00 for injuries to one person and $500,000.00 for injury to more than one person, and property damage liability in the amount of $50,000.00 for damage to any property due to the actions of himself or any of his agents or employees.

Said certificate shall provide for notification of the Building Official ten days prior to the expiration of insurance.

b. Lapsing of Insurance: If at any time, the insurance of any sign erector is permitted to lapse, his license and right to obtain permits shall automatically be revoked.

c. Notification of Change: A sign erector shall notify the Building Department of any change in address, and if a firm or corporation, any change in ownership or management if other than that indicated on the Insurance Certificates.

2. Revocation: The license may be suspended or revoked as otherwise provided for in this Section. {Ord. 279, 2-19-97}

22.32.070 CONSTRUCTION AND MAINTENANCE REQUIREMENTS

1. Materials and Design: All signs shall be designed, constructed and maintained in conformity with the provisions for materials, loads, and stresses of the latest adopted edition of the Village Building Code and requirements of this Section.

2. Erector's Imprint: Signs that require a permit under this Section, must carry the identification and address of the sign erector, electrical voltage, when applicable, and date of erection in clearly legible letters whether for the initial erection or rehanging of a sign.

3. Fastenings: All signs must be erected in such a manner and with such materials to remain safe and secure during the period of use and all bolts, cables, and other parts of such signs shall be kept painted and free from corrosion. Any defect due to the fault of the erector shall be repaired by the erector.

4. Fire Escapes: No signs of any kind shall be attached to or placed upon a building in such a manner as to obstruct any fire escape routes.

5. Support Location: No pole, cable or support of any nature shall be placed on any publicly owned property, street right-of-way, or proposed street right-of-way.

6. Changeable Message Signs and Time/Date/Temperature Signs: Although changeable message signs and time/date/temperature signs are prohibited signs in Section 22.32.091, the message change cycle of these types of signs which may be currently in existence shall not be not less than ten seconds per message, except on a combined time/date/temperature message, in which case the change cycle shall not be less than two (2) seconds. {Ord. 318, 9-7-04}

7. Flashing Signs: All flashing or intermittent illumination of signs shall be prohibited.

8. Proximity to Electrical Conductors: No sign shall be erected so that any part including cables, guys, etc. will be within ten feet of any electrical conductor, electric light pole, street lamp, traffic light, or other public utility pole or standard.

9. Rehanging: In case of rehanging or re-erection of any sign, the new erector must place his identification, address and the date on the sign.

10. Sanitation: Property surrounding any ground sign shall be kept clean, sanitary and free from obnoxious and offensive substances, free from weeds, rubbish, and flammable material.

11. Illumination: All signs shall be internally or externally illuminated by a white light using approved electrical devices and shall be installed in accordance with the requirements of this Section. In no case shall any sign be illuminated by any open spark or flame used for display purposes unless specifically approved by the Planning Board. Each illuminated sign shall be equipped with a functional timer control. No sign shall be illuminated after 11:00 PM or one-half hour following the close of the business day, whichever is later. No sign shall be illuminated before 7:00 AM, or one-half hour prior to the beginning of the business day, whichever is earlier. The provisions that specify time limitations for the illumination of signs does not apply to residential subdivision identification signs.

12. Shielding: Any lighting for the illumination of signs shall be directed away from and shall be shielded from any adjacent lots and shall not be arranged to adversely affect driver visibility on adjacent public thoroughfares.

13. Maintenance: All signs shall be maintained in a condition of good repair. Peeling or missing paint, holes, broken, cracked, bent, warped, rotted, discolored, sagging, out-of-plumb, worn, torn, rusted or missing material parts shall be repaired within ten days of written notification of the Building Official. {Ord. 261, 11-22-92}

14. Compliance with BOCA Code: The construction and maintenance of signs shall be regulated by the BOCA Code unless the provisions of this Section are more stringent. {Ord. 279, 2-19-97}

22.32.080 COMPLIANCE CERTIFICATE REQUIRED

1. Compliance Certification: All signs shall be inspected at original installation and if found to be in full compliance with the provisions of this Section, shall be issued a Certificate of Compliance.

2. Inspections: The Building Official shall cause existing signs to be inspected if deemed necessary by him to determine continuation of compliance with the provisions of this Section.

3. Concealed Work: In cases where fastenings are to be installed and enclosed in such a manner that the Building Official cannot easily remove material to see the fastenings and material used, the Sign Erector must advise the Building Official so that the inspection may be made before concealment.

4. Removal of Signs: Should any sign be found unsafe, insecure, improperly maintained or constructed or not in accordance with the requirements of this Section, the erector and/or owner shall be required to make any such sign safe, secure and otherwise in compliance with the requirements of this Section within seven calendar days of notice. Failure to comply shall result in an order to remove the sign within 48 hours from the time of notification in writing to that effect from the Building Department. {Ord. 261, 11-22-92}

5. Exception: Existing signs determined to be unsafe and in immediate hazard to health or safety shall be removed or repaired within 12 hours of notification.

6. Exemptions: Exempt signs as provided in Section 22.32.050 shall not be issued a Certificate of Compliance.

7. Responsibility of Compliance: The owner of any property on which a sign is placed and the person maintaining the sign are declared to be equally responsible for the erection, safety and condition of the sign and the area in the vicinity thereof subject to the provisions of Section 22.32.070. {Ord. 279, 2-19-97}

22.32.090 GENERAL PROVISIONS IN ALL ZONING DISTRICTS

The following provisions shall apply to all signs erected or located in any Zoning District:

1. Sign Location:

a. No sign, except those established and maintained by the Village, County, Township, State, or Federal Governments, shall be located within, project into, or overhang a public right-of-way or dedicated public easement, unless otherwise authorized in this Section.

b. No sign above a height of 36 inches shall be located within, project into, or overhang the triangular area formed at the intersection of any two street right-of-way lines (existing or proposed) by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection, unless visual under clearance can be assured on the plans.

c. No sign shall project beyond or overhang the wall, or any permanent architectural feature, by more than 12 inches, and shall not project the roof line or parapet.

d. Construction signs advertising buildings or projects under construction or repair may be erected and maintained for a period not to exceed the term of construction or repair, and such sign shall be erected on the site of construction. Said sign shall advertise only the building or project under construction and information related thereto such as its developers, contractors, engineers, brokers and architects.

e. No sign shall be permitted at any location which, in the sole discretion of the Building Official, creates any type of safety hazard or visual impediment to pedestrian or vehicular traffic.

2. Sign Height: No ground sign, except as otherwise provided herein, shall project above the maximum height limitation of 13.5 feet above grade.

3. Sign Type: No existing sign type as defined in 22.32.020.8 shall be changed without prior Planning Board approval. {Ord. 299; 6-7-00}

4. Liability Insurance: If the vertical distance of a sign above the street is greater than the horizontal distance from the sign to the street right-of-way line and is so located as to be able to fall or be pushed onto public property, then the owner of such sign shall keep enforce a bodily injury liability insurance policy in the amount of $250,000.00 for injury to one person and $500,000.00 for injury to more than one person and property damage liability in the amount of $50,000.00 for damage to property. In lieu of an insurance policy as required herein, an owner may present proof satisfactory to the Village Attorney that said owner is financially capable of self-insurance in the above amounts. {Ord. 279, 2-19-97}

22.32.091. PROHIBITED SIGNS IN ALL ZONING DISTRICTS

The following signs are prohibited in all Zoning Districts

1. Signs that incorporate in any manner or are illuminated by any flashing or moving lights. {Ord. 318, 9-7-04}

2. Exterior pennants, spinners and streamers, other than banners permitted as temporary signs, under other provisions of this Section.

3. Exterior string lights used in connection with a commercial premises, other than holiday decorations.

4. Any sign that has any visible motion other than permitted flags of governmental units or banners and other than for the conveyance of noncommercial information requiring periodic change.

5. Any sign that is structurally or electrically unsafe.

6. Any sign erected on a utility pole, directional sign post, or landscaping, including trees. Prohibited signs shall not include street signs of any political subdivision or public transit agency of this state.

7. Any business sign or sign structure now or hereafter existing which no longer advertises a bona fide business conducted or a product sold.

8. Portable signs, and any free-standing exterior sign not permanently anchored or secured to either a building or the ground, except real estate "open house" signs.

9. Signs displayed on a vehicle or trailer when the subject vehicle or trailer is parked in such a manner that the obvious intent is to attract attention to a business, service, or commodity on the premises.

10. Any sign structure or frame no longer supporting or containing a sign.

11. Revolving signs.

12. Signs mounted on a roof, except those mounted upon a mansard facia that do not project above the parapet. {Ord. 279, 2-19-97}

13. Changeable message signs {Ord. 318, 9-7-04}

14. Time/date/temperature signs {Ord. 318, 9-7-04}

22.32.095 APPROVAL STANDARDS

In reviewing signs for approval the Planning Board shall deny a sign that is otherwise in compliance with this Ordinance, if the sign is found to be inconsistent with any of the following standards:

1. Location: All signs shall be so placed so as not to obstruct or intrude upon architectural features of a building.

2. Materials: Sign materials shall complement the original construction materials and architectural style of the building facade.

3. Lettering Styles: A maximum of two differing type of styles shall be allowed on any single sign.

4. Colors: A maximum of three complementary colors or three shades of colors, excluding the background color, may be used for the lettering of a sign. More than three colors may be used for graphics or symbols on a sign, provided that the Planning Board finds that all the colors proposed to be used are complementary with all signs on the premises.{Ord. 261, 11-22-92}{Ord. 279, 2-19-97}

22.32.100. PERMITTED SIGNS IN ALL ZONING DISTRICTS

Signs shall be permitted in each zoning district according to the district provisions and subject to the following general provisions. Sign areas provided below are in addition to the sign area limits stated in Section 22.32.110 of this Ordinance:

1. Real Estate Signs:

a. Single and Multiple-Family Residential Real Estate (no permit required): One sign, with a total area not to exceed six square feet, advertising the sale, rent and/or lease of a single or multiple-family structure or vacant property, placed adjacent to such a structure and upon the premises shall be permitted. It shall have a maximum height of six feet from grade and shall be set back a minimum five feet from any public right-of-way.

b. Non-Residential Real Estate: One sign, with a total area not to exceed 12 square feet, advertising the sale, rent and/or lease of real estate other than single or multiple-family structures is permitted pursuant to the issuance of a permit. It shall have a maximum height of six feet. It shall be set back a minimum of 25 feet from any public right-of-way unless attached to a permanent building.

c. Residential subdivision or condominium developments: One sign announcing the sale, rent and/or lease of real estate within a residential subdivision or residential condominium complex being sold by the sub?division or condominium developer or agent, shall be permitted. Said sign shall not exceed a total area of 16 square feet. Such signs shall have a maximum height of six feet and shall be set back a minimum of 25 feet from any public right-of-way. {Ord. 261, 11-22-92}

d. Removal: All real estate signs, shall be removed on or before ten calendar days after the sale, lease, or rental of the premises or structure, land parcel, subdivision or condominium. The date of the acceptance of an offer to purchase, to lease or to rent by the current owner, or the date of a placement of a sold, leased, or rented sign on the premises, whichever date is earlier, shall determine the beginning of the ten day period. {Ord. 261, 11-22-92}

2. Construction Signs: Signs advertising buildings or projects under construction shall not exceed 12 square feet per 100 lineal feet of public right-of-way frontage or fraction thereof, and shall not exceed 48 square feet in total area. Such signs shall have a maximum height of six feet and shall be set back a minimum of 25 feet from any public right-of-way unless attached to a building, construction fence, or barricade and shall be removed upon completion of construction. No more than one construction sign is permitted per public right-of-way frontage and placement shall be a minimum of 300 feet apart as measured along the right-of-way line. Construction signs shall be removed no later than ten calendar days following the date of occupancy of a structure or the date of a final inspection by the Village Building Department, whichever occurs first. {Ord. 261, 11-22-92}

3. Directional Signs: Accessory directional signs may be permitted in all use districts to direct attention to the location of available service(s) on a premises and shall not exceed a total of 20 square feet in area per premises. Such signs shall not exceed four feet in height and shall be subject to all other provisions of this Section. {Ord. 261, 11-22-92}

4. Temporary Signs: The Building Official may permit the erection of temporary signage that is otherwise in compliance with these regulations, not to exceed six square feet in total area, for a period of up to 30 consecutive days. Temporary signs exceeding six square feet up to a maximum of 12 square feet may be approved by action of the Planning Board. No business shall be allowed more than one temporary sign for a total of 30 days during any six month period. {Ord. 261, 11-22-92} {Ord. 279, 2-19-97}

22.32.110 DISTRICT REGULATIONS

1. Signs Permitted in R-A, R-1, R-1A, R-2, R-2A, R-3 Districts:

a. For each dwelling unit, one sign not to exceed six square feet in area indicating the address and name(s) of the occupant(s). (No permit required.)

b. Total sign area per premises for uses other than single-family residential, shall not exceed 32 square feet and a maximum height of six feet. No more than one ground sign or one bulletin board sign shall be permitted per premises. {Ord. 261, 11-22-92}

c. One subdivision/condominium (Group Identification) sign per vehicle entrance may be permitted on private property in compliance with the corner clearance provisions and shall not exceed 32 square feet in area and a maximum height of six feet. The location and appearance of all Group Identification signs shall be subject to review and approval by the Planning Board at the time of review and adequate provisions shall be made at that time to insure continued maintenance of the sign. Any such Group Identification entrance signs proposed to be located on Village or County right?of?way shall also require the approval of the Village Council. {Ord. 261, 11-22-92} {Ord. 299; 6-7-00}

d. Public or private schools, as defined in Section 22.04, shall erect no more than one ground sign, not to exceed 32 square feet in area, with a maximum height of six feet, per school site. If a public or private school has at least 150 feet of frontage on each of two public streets, two ground signs are permitted, one along each frontage. Not more than one ground sign shall be located within 100 feet of the point of intersection of the right-of-way or access easement lines for two public streets or private roads or a private road with a public street. The total area of all signs, excluding exempt school achievement signs and stadium signs, shall not exceed 48 square feet. For those public or private schools with frontage on two public streets or a public street and a private road which have two ground signs, only the area of the largest ground sign shall be included in the determination of total area. {Ord. 279, 2-19-97} {Ord. 283, 8-13-97}

2. Signs Permitted in RM District:

a. Signs as permitted in the preceding Section 22.32.11(1).

b. Accessory signs identifying community facilities or special uses within multiple-family developments shall not exceed a total of 12 square feet, and a maximum height of four feet, for each building or use and no such sign shall be located closer than 30 feet to any property line of an adjacent single-family district. {Ord. 261, 11-22-92}

3. Signs Permitted in 0-1 and PP Districts:

a. Total area of all signs shall not exceed ten percent of the area of the front facade of the building(s) or a total area of 48 square feet, whichever is less. {Ord. 261, 11-22-92}

b. No more than one ground sign, or group identification sign, not to exceed 32 square feet in area, and a maximum height of six feet, shall be permitted per premises. {Ord. 261, 11-22-92}

c. Public or private schools, as defined in Section 22.04, shall erect no more than one ground sign, not to exceed 32 square feet in area, with a maximum height of six feet, per school site. If a public or private school has at least 150 feet of frontage on each of two public streets, two ground signs are permitted, one along each frontage. Not more than one ground sign shall be located within 100 feet of the point of intersection of the right-of-way or access easement lines for two public streets or private roads. The total area of all signs, excluding exempt school achievement signs and stadium signs, shall not exceed 48 square feet. For those public or private schools with frontage on two public streets or a public street and a private road which have two ground signs, only the area of the largest ground sign shall be included in the determination of total area.

4. Signs Permitted in the B District: Total sign area per business shall not exceed 120 square feet subject to the following provisions:

a. One wall sign per business is permitted, not to exceed two square feet of area for each one linear foot of building frontage. In no event shall the total area of wall sign per business exceed 120 square feet.

b. One ground sign per business not exceeding 64 square feet in area and 13.5 feet in height is permitted, except where a premises has more than one business, the following limitations to ground sign area and number shall apply:

i. A second ground sign may be allowed when a premises is located on a corner or has street frontage on two major streets, provided there is not more than one sign per street, and the total sign area of all permitted ground signs shall not exceed 80 square feet. Two additional flags may be allowed on each street frontage pursuant to 22.32.050(2).

c. Interior signs: An additional area of interior signs not to exceed 15 percent of the total permitted exterior sign area shall be permitted. The area of interior signs shall be computed in the manner provided for all signs under 22.32.030. {Ord. 261, 11-22-92}

d. In the event that any ground sign is designed and located such that its orientation is to two abutting streets, only one ground sign shall be permitted.

e. The Planning Board may recommend to the Village Council for approval that an accessory sign be allowed to be located on public right-of-way . Such a sign shall not project over the roadway and the total area shall not exceed the district provisions of this Section.

f. In addition to the 120 square foot maximum sign area per premises, gasoline service stations shall be permitted signs on each pump island and displays. The aggregate area of all such signs shall not exceed 60 square feet.

g. Theaters, except for Adult Regulated Uses, may be permitted 100 square feet of sign area in addition to the district provisions of this Section for marquee signs.

h. Signs on premises, which are used for office, shall be regulated by the provisions of 22.32.110(3) Signs Permitted in the O-1 and PP Districts, above.

i. Menu boards which display bills-of-fare to drive-thru restaurant customers shall not exceed 60 square feet in area, and shall not be included in the computation of total sign area unless such boards are legible from single-family residential land or the public right-of-way.

j. Signs on awnings and canopies shall be permitted, subject to the following standards:

i. Any portion of an awning or canopy that is not opaque shall be counted toward the total allowable area for wall signs.

ii. The total area of the lettering and logo shall not exceed 25 percent of the total area of the awning or canopy (excluding supports) that is visible from the street.

iii. The area of signs on awnings or canopies shall be counted toward determining compliance with the standards for total allowable area of wall signs permitted on the parcel.

iv. Limitations imposed by this Ordinance concerning projection of signs from the face of a wall or building shall not apply to awning and canopy signs, provided that such signs shall comply with the setback requirements for structures within the Zoning District in which they are located.

v. Any lettering used solely for the purpose of presenting the numerals of a street address shall not be included within the computed sign area, provided that the height and width of the numerals do not exceed that used for other lettering on the canopy. {Ord. 261, 11-22-92}

5. Signs Permitted in the P District.

a. Ground signs listing the name of the operator and the enterprise it is intended to serve may be permitted at each entrance of the premises provided that the total aggregate area of such signage shall not exceed ten square feet, shall not project over any public property, and shall be limited in height to three feet. {Ord. 261, 11-22-92}

b. Billboards, not to exceed 100 square feet in total area per premises. {Ord. 279, 2-19-97}

22.32.120 NONCONFORMING SIGNS

1. Lawful Existing Signs: Any sign lawfully existing at the time of adoption of this Section which does not fully comply with all provisions shall be considered a legal nonconforming sign and may be permitted to remain as long as the sign is properly maintained and not detrimental to the health, safety and welfare of the community except as hereafter provided.

2. Continuance: A nonconforming sign shall not:

a. be expanded, change type, or change to another nonconforming sign;

b. be relocated or structurally altered so as to prolong the life of the sign, or so as to change the shape, size, type, placement, or design of the sign's structural parts;

c. be repaired or re-erected after being damaged if the repair or re-erection of the sign would cost more than 60 percent of the cost of an identical new sign.

3. No nonconforming sign shall be altered or reconstructed, unless the alteration or reconstruction is in compliance with the provision of this Section. For the purpose of this Section only, the term "altered" or "reconstructed" shall not include normal maintenance; changing of surface sign space to a lesser or equal area, ornamental molding, frames, trellises, or ornamental features or landscaping below the base line; or the addition, construction, installation, or changing of electrical wiring or electrical devices, backgrounds, letters, figures, or characters, or other embellishments. Nonconforming signs and sign structure shall be removed or made to conform within 90 days of the termination of the use to which they are accessory.

4. Intent: It is the intent of this Section to encourage eventual elimination of signs that may, as a result of the adoption of this Section, become nonconforming over a period of time, and to administer this Section to realize the removal of such nonconforming signs and avoid any unreasonable invasion of established private property rights. Therefore;

a. No person shall be required to remove a sign that was erected in compliance with previous regulations of this Section if said sign becomes nonconforming due to a change in regulations occurring upon adoption of this Section, or of the location of buildings, streets or other signs that change, is beyond the control of the owner of the sign and the premises on which it is located.

b. If the owner of a sign or the premises on which a sign is located structurally alters a building, changes the location of a property line, or sign or changes the use of a building, or otherwise alters site features, so that any sign on the premises is rendered nonconforming, such sign must be removed or made to conform to this Section. {Ord. 279, 2-19-97}