CHAPTER 6: BUILDING CONSTRUCTION AND MAINTENANCE CODES
      Article
         1.   BASIC BUILDING CODE
         2.   ELECTRICAL CODE
         3.   PLUMBING CODE
         4.   MECHANICAL CODE
         5.   FIRE CODE
         6.   RESIDENTIAL CODE
         7.   PROPERTY MAINTENANCE CODE
         8.   ANTI-MONOTONY CONSTRUCTION STANDARDS
         9.   FLOOD PRONE AREAS
         10.   SWIMMING POOL AND SPA CODE
         11.   SIGN CODE
         12.   FENCE CODE
         13.   FEES AND SECURITIES FOR CONSTRUCTION AND NEW DEVELOPMENT
         14.   COUNTYWIDE STORM WATER AND FLOOD PLAIN CODE
         15.   CROSS-CONNECTION CONTROL SYSTEM
         16.   FUEL GAS CODE
         17.   ENERGY CONSERVATION CODE
         18.   EXISTING BUILDING CODE
         19.   SOLAR ENERGY PROVISIONS
ARTICLE 1:  BASIC BUILDING CODE
Section
   6-1-1   Adoption of Basic Building Code
§ 6-1-1  ADOPTION OF BASIC BUILDING CODE.
   The ICC International Building Code, 2018 Edition, as published by the International Code Council Inc., be and is hereby adopted as the Building Code of the village for the control of buildings and structures as therein provided, and each and all of the regulations, provisions, conditions, terms of offenses thereunder of the ICC International Building Code, 2018 Edition, are hereby referred to, adopted and made part hereof as if fully set out in this article, with additions, insertions, deletions and changes, if any, prescribed in other village ordinances which contain local amendments to national codes. Three document copies of said Code, in accordance with 50 ILCS 220/2 and 65 ILCS 5/1-3-2, have been available for public use, inspection and examination for 30 days and one copy for permanent public use in the office of the Village Clerk.
(Ord. 2004-06-37, passed 6-21-2004; Ord. 2009-05-20, passed 5-4-2009; Ord. 2014-02-07, passed 2-18-2014; Ord. 2014-06-21, passed 6-2- 2014; Ord. 2019-05-16, passed 5-6-2019)
ARTICLE 2:  ELECTRICAL CODE
Section
   6-2-1   Adoption of Electrical Code
§ 6-2-1  ADOPTION OF ELECTRICAL CODE.
   The NFPA 70, National Electrical Code, 2017 Edition, as published by the National Fire Protection Association, be and is hereby adopted as the Electrical Code of the village for the control and regulation of the installation of electrical equipment within the village; and each and all of the regulations, provisions, conditions, terms and offenses thereunder of NFPA 70, National Electrical Code, 2017 Edition, are hereby referred to, adopted and made part hereof, as if fully set out in this article, with additions, insertions, deletions and changes, if any, prescribed in other village ordinances which contain local amendments to national codes.  Three document copies of said Code, in accordance with 50 ILCS 220/2 and 65 ILCS 5/1-3-2, have been available for public use, inspection and examination for 30 days and one copy for permanent public use in the office of the Village Clerk.
(Ord. 2004-06-37, passed 6-21-2004; Ord. 2009-05-20, passed 5-4-2009; Ord. 2014-02-07, passed 2-18-2014; Ord. 2014-06-21, passed 6-2- 2014; Ord. 2019-05-16, passed 5-6-2019)
ARTICLE 3:  PLUMBING CODE
Section
   6-3-1   Adoption of Plumbing Code
§ 6-3-1  ADOPTION OF PLUMBING CODE.
   Three document copies, in accordance with 50 ILCS 220/2, and 65 ILCS 5/1-3-2, have been available for public use, inspection and examination for 30 days and one copy for permanent public use in the office of the Village Clerk, being marked and designated as the Illinois Plumbing Code, Current Edition, as published by the Illinois Department of Public Health, be and is hereby adopted as the Plumbing Code of the village for the control of buildings and structures as therein provided, and each and all of the regulations, provisions, conditions, terms and offenses thereunder of the Illinois Plumbing Code, Current Edition, are hereby referred to, adopted and made part hereof, as if fully set out in this article, with additions, insertions, deletions and changes, if any, prescribed in other village ordinances which contain local amendments to national codes.
(Ord. 2004-06-37, passed 6-21-2004; Ord. 2009-05-20, passed 5-4-2009; Ord. 2014-02-07, passed 2-18-2014)
ARTICLE 4:  MECHANICAL CODE
Section
   6-4-1   Adoption of Mechanical Code
§ 6-4-1  ADOPTION OF MECHANICAL CODE.
   The ICC International Mechanical Code, 2018 Edition, as published by the International Code Council Inc., be and is hereby adopted as the Mechanical Code of the village; for the control of buildings and structures as therein provided; and each and all of the regulations, provisions, conditions, terms or offenses thereunder of the ICC International Mechanical Code, 2018 Edition, are hereby referred to, adopted and made part hereof as if fully set out in this article, with additions, insertions, deletions and changes, if any, prescribed in other village ordinances which contain local amendments to national codes.  Three document copies of said Code, in accordance with 50 ILCS 220/2 and 65 ILCS 5/1-3-2, have been available for public use, inspection and examination for 30 days and one copy for permanent public use in the office of the Village Clerk.
(Ord. 2004-06-37, passed 6-21-2004; Ord. 2009-05-20, passed 5-4-2009; Ord. 2014-02-07, passed 2-18-2014; Ord. 2014-06-21, passed 6-2- 2014; Ord. 2019-05-16, passed 5-6-2019)
ARTICLE 5:  FIRE CODE
Section
   6-5-1   Adoption of Fire Code
§ 6-5-1  ADOPTION OF FIRE CODE.
   The ICC International Fire Code, 2018 Edition, as published by the International Code Council Inc., be and is hereby adopted as the Fire Code of the village, for the control of buildings and structures as therein provided; and each and all regulations, provisions, conditions and terms of offenses thereunder of the ICC International Fire Code, 2018 Edition, are hereby adopted and made part hereof as if fully set out in this article, with additions, insertions, deletions and changes, if any, prescribed in other village ordinances which contain local amendments to national codes.  Three document copies of said Code, in accordance with 50 ILCS 220/2 and 65 ILCS 5/1-3-2, have been available for public use, inspection and examination for 30 days and one copy for permanent public use in the office of the Village Clerk.
(Ord. 2004-06-37, passed 6-21-2004; Ord. 2009-05-20, passed 5-4-2009; Ord. 2014-02-07, passed 2-18-2014; Ord. 2014-06-21, passed 6-2- 2014; Ord. 2019-05-16, passed 5-6-2019)
ARTICLE 6:  RESIDENTIAL CODE
Section
   6-6-1   Adoption of Residential Code
§ 6-6-1  ADOPTION OF RESIDENTIAL CODE.
   The ICC International Residential Code for One- and Two-Family Dwellings, 2018 Edition, as published by the International Code Council Inc., be and is hereby adopted as the Residential Code of the village, for the control of buildings and structures as therein provided; and each and all of the regulations, provisions, conditions, terms of offenses thereunder of the ICC International Residential Code for One- and Two-Family Dwellings, 2018 Edition, are hereby referred to, adopted and made part hereof as if fully set out in this article, with additions, insertions deletions and changes, if any, prescribed in other village ordinances which contain local amendments to national codes.  Three document copies of said Code, in accordance with 50 ILCS 220/2 and 65 ILCS 5/1-3-2, have been available for public use, inspection and examination for 30 days and one copy for permanent public use in the office of the Village Clerk.
(Ord. 2004-06-37, passed 6-21-2004; Ord. 2009-05-20, passed 5-4-2009; Ord. 2014-02-07, passed 2-18-2014; Ord. 2014-06-21, passed 6-2- 2014; Ord. 2019-05-16, passed 5-6-2019)
ARTICLE 7:  PROPERTY MAINTENANCE CODE
Section
   6-7-1   Adoption of Property Maintenance Code
§ 6-7-1  ADOPTION OF PROPERTY MAINTENANCE CODE.
   The ICC International Property Maintenance Code, 2018 Edition, as published by the International Code Council Inc., be and is hereby adopted as the Property Maintenance Code of the village for the control of buildings and structures as therein provided, and each and all of the regulations, provisions, conditions, terms and offenses thereunder of the ICC International Property Maintenance Code, 2018 Edition, are hereby referred to, adopted and made part hereof, as if fully set out in this article, with additions, insertions, deletions and changes, if any, prescribed in other village ordinances which contain local amendments to national codes.  Three document copies of said Code, in accordance with 50 ILCS 220/2 and 65 ILCS 5/1-3-2, have been available for public use, inspection and examination for 30 days and one copy for permanent public use in the office of the Village Clerk.
(Ord. 2004-06-37, passed 6-21-2004; Ord. 2009-05-20, passed 5-4-2009; Ord. 2014-02-07, passed 2-18-2014; Ord. 2014-06-21, passed 6-2- 2014; Ord. 2019-05-16, passed 5-6-2019)
ARTICLE 8:  ANTI-MONOTONY CONSTRUCTION STANDARDS
Section
   6-8-1   Definitions
   6-8-2   Anti-monotony construction standards for one-family dwelling units
   6-8-3   Administration
   6-8-4   Variances and appeals
§ 6-8-1  DEFINITIONS.
   The words contained in this article shall have the common meaning ascribed to them or such meanings as are contained within other sections of the code of ordinances of the village; provided, however, that, the following words shall be interpreted to mean as follows.
   ADJACENT LOTS. Lots which adjoin or share side property lines or lots in which, although separated by a street, front property lines overlap another by more than 30%.
   STREETSCAPE. The facades of single-family dwellings on both sides of a street. The length of a STREETSCAPE shall be limited to no more than 20 lots per side of street. When more than 20 lots per street side exist without an intervening cross street, the village shall, through one of its officers or employees, establish those lots which shall constitute a separate STREETSCAPE. In making that determination, the official shall consider that configuration of lots which shall be most influenced and affected by adjacent lots. Where possible, physical demarcations such as topography, road configuration or landscaping shall be utilized in establishing the appropriate STREETSCAPES. In general, the front orientation of the residence will determine the applicable STREETSCAPE.
§ 6-8-2  ANTI-MONOTONY CONSTRUCTION STANDARDS FOR ONE-FAMILY DWELLING UNITS.
   (A)   Generally. No two single-family dwellings of similar front elevation or facade shall be constructed or located on adjacent lots; nor shall there be constructed or located single-family dwellings of similar front elevation or facade constituting more than 20% of the single-family dwellings in any streetscape. Front elevations or facades shall be deemed to be similar when there is no substantial difference in roof lines; and no substantial change in windows of either size, location or type; and either no change in the color of materials used (rather than a change in shade), or no substantial change in the kind of materials.
   (B)   Roof lines.
      (1)   For the purpose of this section, the following differences in the roof lines of single-family dwellings as seen from the front of the dwelling shall be deemed sufficient to render buildings containing such changes and built on adjacent lots to be dissimilar:
         (a)   Changing gable roofs to hip roofs;
         (b)   Changing hip roofs to gable roofs;
         (c)   Providing an intersecting gable roof on the main gable roof, provided that the height of the intersection roof is at least 50% of the height of the main roof;
         (d)   Providing an intersecting hip roof on the main hip roof; provided that, the height of the intersecting hip roof is at least 50% of the height of the main roof;
         (e)   Subject to review by the Building Official, a shed roof, when used as a front porch roof for a minimum of 50% of the entire width of the house, excluding area of garage;
         (f)   Subject to review by the Building Official, a substantial difference in roof line shall be deemed to exist if the front soffit is increased significantly and is combined with columns at least six inches in width or other architectural features of a similar magnitude which reach the roof line of the highest story;
         (g)   Rotating gable roofs 90 degrees on the building; and
         (h)   On a tri-level residence or other building type which has three independent major roof areas, the changing of two out of three roof lines shall be acceptable as a substantial change. Acknowledging certain design elements may prevent the changing of all three roof lines, it is desired that the roofs with the greatest impact on the streetscape be changed.
      (2)   The following changes shall not be deemed sufficient to make adjacent structures dissimilar:
         (a)   Gable roof atop hip roof;
         (b)   Hip roof atop gable roof;
         (c)   Small gable or hip projections above windows;
         (d)   Window dormers;
         (e)   Change in soffit overhang or minor variation in eave height; and
         (f)   Skylight and cupola.
   (C)   Windows.
      (1)   For the purpose of this section, the following differences in the size, location or type of windows shall be deemed sufficient to render buildings containing such changes and built on adjacent lots to be dissimilar:
         (a)   Changing from single windows to a multiple window arrangement (ganged units);
         (b)   Changing from multiple window arrangement to single window;
         (c)   Changing the type of windows (e.g., casement to double hung); and
         (d)   Providing a bay or bow window in the area of the predominant window.
      (2)   The following change shall not be deemed sufficient to constitute a substantial change in windows:  the addition or subtraction of muntin bars (dividing lights).
      (3)   Where, because of its size, location or design, one window is the predominant window on the front elevation or facade, if the size, location or type of that window is changed to render the dwelling dissimilar, then no other window need be changed.
   (D)   Construction material or color.
      (1)   For the purpose of this section, the following differences in construction material between adjacent single-family dwellings as seen from the front of the dwellings shall be deemed sufficient to render buildings containing such changes and built on adjacent lots to be dissimilar.
         (a)   Four-inch exposure horizontal siding;
         (b)   Eight-inch exposure horizontal siding;
         (c)   Brick facing;
         (d)   Vertical siding;
         (e)   Stone facing; and
         (f)   Stucco/staccato board and trim.
      (2)   When materials are changed, the change must occur throughout the front facade or elevation for a minimum of one story in height.
      (3)   Color change shall be made by significant changes in adjacent colors. The change must be one of color rather than merely of the shade.
§ 6-8-3  ADMINISTRATION.
   The provisions of this article shall initially be administered by the Building Official of the village. The Building Official shall find single-family dwellings to be similar or dissimilar utilizing the general standards established herein. The examples of similarity or dissimilarity set forth in this article are not intended to categorize all dwelling designs which may be presented to the Building Official. To aid the Building Official and applicants in the interpretation of the provisions of this article, the Building Official may prepare illustrative drawings and written descriptions of the manner in which those provisions have or will be administered.
§ 6-8-4  VARIANCES AND APPEALS.
   (A)   In the event a building permit is denied to any applicant by reason of this article, he or she shall have the right to appeal to the President and Board of Trustees of the village seeking either to overrule the decision of the official who denied the permit or to seek a variance to the provisions of this article. Upon such appeal being made, and after reasonable notice to the applicant, a public hearing shall be held by the President and Board of Trustees where evidence shall be received from both the applicant and any other interested parties. After receiving and carefully considering such evidence, the President and Board of Trustees may:
      (1)   Order the permit to be issued;
      (2)   Order the permit to be issued if modifications are made in the design of the building to bring it into conformity with the provisions of this article;
      (3)   Order the permit to be issued after granting a variance to the provisions of this article; provided that, such variance shall be limited to those deviations from that section as shall not affect the general intent of providing streetscapes without monotonous architectural design; or
      (4)   Deny the petition of the applicant.
   (B)   Along with other factors to be considered by the Village Board shall be whether or not the applicant only desires a variance for a single structure where the request for the variance is filed or concurred in by an individual who will actually reside within the single-family home for which the variance is sought.
ARTICLE 9:  FLOOD PRONE AREAS
Section
   6-9-1   Purpose
   6-9-2   Definitions
   6-9-3   Duties of the Village Engineer and Community Development Director
   6-9-4   Building regulation permits
   6-9-5   Design criteria
   6-9-6   Administration; responsibility
   6-9-7   Appeals of administrative decisions
   6-9-8   Variances
   6-9-9   Interpretation
   6-9-10   Disclaimer of liability
   6-9-11   Penalty
Cross-reference:
   DuPage County Countywide Stormwater and Flood Plain Ordinance, see Ch. 6, Art. 14
   Land management regulations, see Ch. 7, Art. 5
   Storm water detention, see Ch. 7, Art. 9
   Subdivisions, see Ch. 7, Art. 7
§ 6-9-1  PURPOSE.
   The purpose of this article is to establish certain special building regulations regarding the development of areas prone to flooding. The regulations set forth hereafter are intended to protect new buildings and major improvements to existing buildings from flood damage and to protect human life and health from the hazards of flooding.
(Ord 2012-07-27, passed 7-16-2012)
§ 6-9-2  DEFINITIONS.
   This article shall utilize words in the manner defined in Chapter 7 of this code (Subdivision Code).
(Ord 2012-07-27, passed 7-16-2012)
§ 6-9-3 DUTIES OF THE VILLAGE ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR.
   (A)   Village Engineer. The Village Engineer shall be responsible for the general administration and enforcement of this article, including, but not limited to, the following duties:
      (1)   Ensure that all development activities within the special flood hazard areas (SFHAs) of the jurisdiction of the village meet the requirements of this article.
      (2)   Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques.
      (3)   Ensure that construction authorization has been granted by the Illinois Department of Natural Resources, Office of Water Resources (IDNR-OWR), for all development projects subject to § 7-7-6 of this code and maintain a record of such authorization.
      (4)   Obtain from the landowner a record of the “as-built” elevation of the lowest floor (including basement) of all buildings subject to § 6-9-5 of this article.
      (5)   Obtain from the landowner a record of the engineer's certificate and the “as-built” floodproofed elevation of all buildings subject to § 6-9-5 of this article.
      (6)   Maintain a record of the “as-built” elevation of the lowest floor (including basement) of all non-residential buildings subject to § 6-9-5 of this article.
      (7)   Maintain a record of the engineer's certificate and the “as-built” floodproofed elevation of all non-residential buildings subject to § 6-9-5 of this article.
      (8)   Maintain for public inspection and furnish upon request “as-built” elevation and floodproofing data for all non-residential buildings constructed subject to this article.
      (9)   Inspect all development projects to ensure they comply with the provisions of this article.
      (10)   Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this article. Submit reports as required for the National Flood Insurance Program.
      (11)   Maintain for public inspection and furnish upon request base flood data, SFHA maps, copies of federal or state permit documents and floodproofing data for all buildings and “as-built” elevation data of all non-residential buildings constructed subject to this article.
   (B)   Community Development Director. The Community Development Director shall be responsible for the following duties including, but not limited to:
      (1)   Maintain a record of the “as-built” elevation of the lowest floor (including basement) of all residential buildings subject to § 6-9-5 of this article.
      (2)   Maintain a record of the engineer's certificate and the “as-built” floodproofed elevation of all residential buildings subject to § 6-9-5 of this article.
      (3)   Maintain for public inspection and furnish upon request “as-built” elevation and floodproofing data for all residential buildings constructed subject to this article.
(Ord 2012-07-27, passed 7-16-2012)
§ 6-9-4  BUILDING REGULATION PERMITS.
   (A)   Development permits. Development permits, including but not limited to land movement, storage of materials, mining, drilling, stream crossings, bridges, roads, sanitary sewers, water mains, storm sewers, street lights, sidewalks, subdivisions, etc, and stormwater management certifications.
      (1)   No person, firm or corporation shall commence any development in the SFHA without first obtaining a development permit or stormwater management certification from the Village Engineer. The Village Engineer shall not issue a development permit or stormwater management certification if the proposed development does not meet the requirements of this article and of Ch. 6, Art. 14 of this code.
      (2)   Application for a development permit or stormwater management certification shall be made on a form provided by the Village Engineer.
      (3)   The Village Engineer shall inform the applicant of any and all other local, county, state and federal permits or stormwater management certifications that may be required for this type of development activity. The Building Official shall not issue the development permit or stormwater management certification unless all required federal, state and county permits or stormwater management certifications have been obtained.
      (4)   No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation (FPE) unless such materials are stored in a storage tank or floodproofed building constructed according to the requirements of this article.
   (B)   Building permits. Building permits are required for all proposed construction, substantial improvements, or other development within floodplain areas having special flood hazards. Such permits shall ensure that all other necessary permits or stormwater management certifications have been received from those governmental agencies from which approval is required by federal, state or county law. The building permit applications will be reviewed to ensure that any proposed construction is:
      (1)   Designed and anchored to prevent flotation, collapse or lateral movement of the structure.
      (2)   Constructed with materials and utility equipment resistant to flood damage, and
      (3)   Constructed by methods and practices that minimize flood damage. At the time of issuing a building permit, the following information will be noted and recorded by the village:
         (a)   Elevation of the lowest floor (including basement).
         (b)   Where the elevation of the lowest floor is below grade on one or more sides, the elevation of the floor immediately above.
         (c)   Where a structure has been floodproofed, the elevation to which the structure was floodproofed.
(Ord 2012-07-27, passed 7-16-2012)
§ 6-9-5 DESIGN CRITERIA.
   The following general design criteria shall apply to all new construction and substantial improvements which may be authorized in floodplains:
   (A)   Building protection. All buildings to be located in the SFHA shall be protected from flood damage below the FPE in accordance with the damage prevention requirements of Ch. 6, Art. 14 of this code.
   (B)   Building protection methods. This building protection requirement may be met by any of the methods stipulated in Ch. 6, Art. 14 of this code.
   (C)   As built elevation record. The Building Official shall maintain a record of the “as built” elevation in USGS datum of a FEMA referenced bench mark of the lowest floor of residential buildings as provided by the landowner and certified by a registered surveyor. The Building Official shall maintain the engineer's certificate and a record of the “as built” elevation in USGS datum of a FEMA referenced bench mark to which a residential building was floodproofed as provided by the landowner and certified by a registered surveyor. Likewise the Village Engineer shall maintain these aforementioned records for all non-residential buildings.
(Ord 2012-07-27, passed 7-16-2012)
§ 6-9-6 ADMINISTRATION; RESPONSIBILITY.
   The administration of this article shall be the responsibility of the Village Engineer. Wherever specific provisions of this article fall within the purview of any other commission or agency of this village, responsibility is hereby transferred, provided that:
   (A)   Variances. No variance shall be issued without the prior concurrence of the Village Board.
   (B)   Special Use Permit. No special use permit shall be issued without meeting all the provisions in Ch. 6, Art. 14 of this code and without prior concurrence of the Village Board.
   (C)   Official maps and profiles. Responsibility for all changes to official maps and profiles remains with the Village Board.
(Ord 2012-07-27, passed 7-16-2012)
§ 6-9-7 APPEALS OF ADMINISTRATIVE DECISIONS.
   Appeals to the decisions of any administrative body or official of this village in the interpretation of this article may be made in writing to the Village Board by any aggrieved person or governmental unit within 30 days of approval or rejection. The decision of the Village Board shall be final.
(Ord 2012-07-27, passed 7-16-2012)
§ 6-9-8 VARIANCES.
   The Village Board may grant variances from the regulatory standards of this article in accordance with the following requirements:
   (A)   All variance requests. No variance shall be granted unless the applicant for the variance can demonstrate that:
      (1)   The development activity cannot be located outside the SFHA;
      (2)   A substantial economic hardship would result if the variance were not granted;
      (3)   The relief requested is the minimum necessary;
      (4)   There will be no additional threat to public health or safety or creation of a nuisance;
      (5)   There will be no additional public expense for flood protection, rescue or relief operations, policing or repairs to roads, utilities or other public facilities; and
      (6)   The variance shall not prevent the issuance of any permits or stormwater management certifications required by another governmental body.
      (7)   The variance shall be in conformance with all requirements of Article XVI Variances of the DuPage County Countywide Stormwater and Flood Plain Ordinance as adopted in Ch. 6, Art. 14 of this code.
   (B)   Variances to lower protection levels. In addition to the requirements of division (A) above, a variance from the requirements of this article that would result in a structure not being protected to the elevation of the base flood shall also meet the following requirements:
      (1)   The Village Board, by a notation on the application, notifies the applicant in writing that such construction below the base flood level will increase the risks to life and property and that the applicant proceeds with full knowledge of these risks;
      (2)   The Village Board notifies the applicant that if the variance is issued, it is contingent upon the applicant obtaining approval from other agencies having jurisdiction, when the variance violates the requirements of such agencies;
      (3)   Require that the applicant proceed with full knowledge of these risks and that he or she will acknowledge in writing that he or she assumes all risks and complete liability.
   (C)   “Wet floodproofed” building.  A variance from the requirements of this article may be granted to permit a “wet floodproofed” building, that is, a building to be intentionally flooded during a flood, provided:
      (1)   No part of such a building below the FPE may be subject to flood damage;
      (2)   The variance shall be conditioned on the contents being:
         (a)   Of materials resistant to flood damage; or
         (b)   Items declared “property not covered” by a standard flood insurance policy of the National Flood Insurance Program.
      (3)   Any future alteration of the area below the FPE that violates the conditions of the variance shall be deemed a violation of this article. The applicant shall be informed by a notation on the application or otherwise that any such alteration is considered a willful act to increase flood damages and therefore will cause coverage by a standard flood insurance policy to be suspended.
   (D)   Historical structures. Variances requested in connection with the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historical Places or documented as worthy of preservation by the state Department of Conservation may be granted using criteria more permissive than the requirements of division (A) above.
(Ord 2012-07-27, passed 7-16-2012)
§ 6-9-9 INTERPRETATION.
   In the interpretation and application of this article, the provisions expressed herein shall be held to be the minimum requirements and shall be liberally construed in favor of the village, and shall not be deemed a limitation or repeal of any other powers by state statutes.
(Ord 2012-07-27, passed 7-16-2012)
§ 6-9-10 DISCLAIMER OF LIABILITY.
   The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by manmade or natural causes. This article does not imply that development either inside or outside of the SFHA will be free from flooding or damage. This article nor any other provisions of this code relating to flood prone areas does not create liability on the part of the village or any officer or employee thereof for any flood damage that results from reliance on this code or any administrative decision made lawfully thereunder.
(Ord 2012-07-27, passed 7-16-2012)
§ 6-9-11 PENALTY.
   Failure to obtain a permit or certification for development in the SFHA or failure to comply with the requirements of this article or conditions of a variance granted under this article shall be deemed to be a violation of this article. The Building Official or Village Engineer may determine upon due investigation that a violation of the minimum standards of this article exist, and after such owner fails, after ten days notice, to correct his or her property, the village may make application to the circuit court for an injunction requiring conformance with this article or make such other order as the court sees necessary to secure compliance with the article. Any person who violates this article shall, upon conviction thereof, be fined not less than $75 nor more than $750. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Failure to comply with the requirements of a permit, certification or conditions of a variance resolution shall be deemed to be a violation of this article. The Building Official or Village Engineer shall inform the owner that any such violation is considered a willful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended. Nothing herein shall prevent the village from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord 2012-07-27, passed 7-16-2012)
ARTICLE 10: SWIMMING POOL AND SPA CODE
Section
   6-10-1    Adoption of Swimming Pool and Spa Code
§ 6-10-1  ADOPTION OF SWIMMING POOL AND SPA CODE.
   The ICC International Swimming Pool and Spa Code, 2018 Edition, as published by the International Code Council Inc., be and is hereby adopted as the Swimming Pool and Spa Code of the village for the control of buildings and structures as therein provided, and each and all of the regulations, provisions, conditions, terms and offenses thereunder of the ICC International Swimming Pool and Spa Code, 2018 Edition, are hereby referred to, adopted and made part hereof, as if fully set out in this article, with additions, insertions, deletions and changes, if any, prescribed in other village ordinances which contain local amendments to national codes.  Three document copies of said Code, in accordance with 50 ILCS 220/2 and 65 ILCS 5/1-3-2, have been available for public use, inspection and examination for 30 days and one copy for permanent public use in the office of the Village Clerk.
(Ord. 2014-06-21, passed 6-2-2014; Ord. 2019- 05-16, passed 5-6-2019)
ARTICLE 11:  SIGN CODE
Section
   6-11-1   Purpose and findings
   6-11-2   Scope
   6-11-3   Interpretation
   6-11-4   Rules
   6-11-5   Limit on sign area
   6-11-6   Calculation of sign area
   6-11-7   Calculation of sign height
   6-11-8   Application for sign permits
   6-11-9   Special event signs
   6-11-10   Prohibited signs
   6-11-11   Placement of signs on lots
   6-11-12   Illumination of signs, changeable copy and neon lighting
   6-11-13   Safety and maintenance
   6-11-14   Obscenity prohibited
   6-11-15   Signs permitted in all districts
   6-11-16   Signs in Residential Zones (R-1, R-2, R-3, R-4)
   6-11-17   Signs in the Business Zones (B-1, B-2, B-3)
   6-11-18   Signs in the Office Zone (B-4)
   6-11-19   Signs in the Industrial Zone (I)
   6-11-20   Nonconforming signs
   6-11-21   Variations
   6-11-22   Appeal jurisdiction
   6-11-23   Appointment of enforcing officer
   6-11-24   Duties of enforcing officer
   6-11-25   Sign Code violations
   6-11-26   Definitions
§ 6-11-1  PURPOSE AND FINDINGS.
   (A)   Purpose. This code is adopted for the following purposes:
      (1)   To promote and protect the public health, safety, comfort, morals, convenience and general welfare of the residents of the village;
      (2)   To enhance the physical appearance of the village by preserving the scenic and natural beauty of the area;
      (3)   To promote the safety and recreational value of public travel;
      (4)   To protect the public investment in streets and highways by reducing sign or advertising distractions that may increase traffic accidents;
      (5)   To assure compatibility of signs with surrounding land uses;
      (6)   To enhance the economy of the village by promoting the reasonable, orderly and effective display of signs and outdoor advertising, and by avoiding the “canceling out” effect of conflicting adjacent signs; and
      (7)   To permit the full on-site and off-site expression of non-commercial advertising and information spreading.
   (B)   Findings. In adopting this code, the corporate authorities make the following findings.
      (1)   Many of the vacant areas contained within the village are devoted to agricultural use or are held as open spaces which provide scenic vistas.
      (2)   The village possesses a zoning ordinance which provides ample areas for commercial and industrial development so that the general location of businesses or industries in such areas is well known and diminishes the need for off-site commercial advertising.
      (3)   There exists within the village a number of present or imminent alternatives to off-site commercial advertising, including a number of local newspapers and cable television. In the past, there have existed within the boundaries of the village very few off-site commercial signs. In addition to other aesthetically pleasing aspects of the development of the village, this pleasant and uncluttered streetscape existing generally both in commercial and non-commercial areas of the village has encouraged residential, industrial and commercial development. The corporate authorities, as an expression of the views of the citizens of the community, desire that such a beneficial and aesthetically pleasing environment with very few exceptions in the total prohibition of off-site commercial advertising which has previously existed by custom and usage continue through regulation.
      (4)   The regulations contained within this article are the minimum exercise of the police power required in order to accomplish the purposes of this article.
(Ord. 92-06-75, passed 6-23-1992)
§ 6-11-2  SCOPE.
   From and after the effective date of this article, the use of all signs and portions of signs erected, altered with respect to height and area or sign face, added to, or relocated in the village shall be in conformity with the provisions of this article. Any existing sign not in conformity with the regulations herein prescribed shall be regarded as non-conforming.
(Ord. 92-06-75, passed 6-23-1992)
§ 6-11-3  INTERPRETATION.
   (A)   In interpretation and application, the provisions of this article shall be held to be an expression of the maximum allowable number and size of signs which bring about the least potential conflict with surrounding uses and which promote and improve physical appearance within the village.
   (B)   Where the conditions imposed by any provision of this article upon the control of signs are either more restrictive or less restrictive than comparable conditions imposed by any provisions of this article or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
   (C)   This article is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations are more restrictive or impose higher standards or requirement than such easements, covenants or other private agreements, the requirements of this article shall govern.
   (D)   When a sign type is not specifically listed in the sections devoted to permitted signs, it shall be assumed that such signs are hereby expressly prohibited. If it is determined by the Community Development Director that such sign is similar to and not more objectionable than signs listed, such signs may then be permitted.
   (E)   Gary Avenue and North Avenue Corridors. Signs placed on properties located within the Gary Avenue and North Avenue Corridors must comply with the regulations contained in § 16-5-6.
      (1)   Signage for new development shall be included in the Gary Avenue or North Avenue Corridor Development Plans, and shall be subject to review and approval by the Plan Commission in accordance with the procedures defined in § 16-5-6(N).
      (2)   New or replacement ground signs and pole signs placed on existing, developed properties shall be subject to review and approval by the Plan Commission in accordance with the procedures defined in § 16-5-6(N).
      (3)   New or replacement wall signs placed on existing, developed properties must meet the purpose and intent of the corridor regulations, as determined by the Community Development Director, and review by the Plan Commission shall not be required; however, the applicant may appeal the decision of the Community Development Director in accordance with § 6-11-22.
      (4)   The changing of the face of existing signage shall not be subject to the corridor regulations.
(Ord. 92-06-75, passed 6-23-1992; Ord. 2011-04-11, passed 4-18-2011)
§ 6-11-4  RULES.
   The language set forth in the text of this article shall be interpreted in accordance with the following rules of construction.
   (A)   Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.
   (B)   The word “shall” is mandatory and not discretionary.
   (C)   The word “may” is permissive.
   (D)   All measured distances or standards shall be to the nearest integer; if a fraction is one-half or less, the integer next below shall be taken.
(Ord. 92-06-75, passed 6-23-1992)
§ 6-11-5  LIMIT ON SIGN AREA.
   (A)   Sign area limit. Each premises shall be allowed three square feet of signage per foot of frontage for the first 67 linear feet of frontage on a dedicated street. An additional one and one-half square feet of signage will be allowed per foot of frontage on a dedicated street in excess of 67 linear feet.
   (B)   Premises having frontage on more than one dedicated street. These premises will be allowed signage for frontage on each street in accordance with the above formula; however, the frontage will be considered continuous and the signs facing each street must be in proportion to the frontage on that street.
   (C)   Maximum sign area allowed. Seven hundred fifty square feet of sign area will be the maximum allowed on any premises in any case, with the following exceptions:
      (1)   Shopping centers or shopping plazas. The maximum allowable signage shall be 10% per front facade of each unit within such center or plaza, and ground or pole signs shall not be included within this restriction; and
      (2)   The area of temporary signs shall not be included in the calculation of the maximum sign area allowed.
(Ord. 92-06-75, passed 6-23-1992; Ord. 2010-03-10, passed 3-15-2010; Ord. 2011-04-11, passed 4-18-2011)
§ 6-11-6  CALCULATION OF SIGN AREA.
   (A)   Sign area shall be measured using the area of the smallest triangle, rectangle or circle which can wholly enclose the surface area of the sign. In the event that individual letters or insignia of a wall sign are attached directly to the wall and vary significantly in size, sign area may be computed using not more than two triangles, rectangles or circles per word or insignia.
   (B)   Additional requirements are as follows.
      (1)   Ground mounted signs (including, but not limited to, ground signs, real estate signs, construction signs, directory signs and the like). On a double faced sign, only one side of the sign shall be included in the area calculations. If one side of a ground sign is larger than the other, the larger of the two sides shall be used.
      (2)   Wall signs. Wall signs are limited to an area equal to the percentage allowed per facade in each zoning classification. If there are multiple signs per facade, the area calculation shall include the total of each separate sign area. The wall space between separate signs shall not be included in the calculation of total wall sign area.
(Ord. 92-06-75, passed 6-23-1992; Ord. 2011-04-11, passed 4-18-2011)
§ 6-11-7  CALCULATION OF SIGN HEIGHT.
   Height of signs shall be measured to the highest point thereon, from the crown of the street directly opposite the sign, or from the natural grade level directly below the sign, whichever is higher.
(Ord. 92-06-75, passed 6-23-1992)
§ 6-11-8  APPLICATION FOR SIGN PERMITS.
   Permits for signs shall be required as follows.
   (A)   Unless otherwise provided for in this article, no person shall hereafter erect, alter, position or relocate any permanent sign or temporary sign without first obtaining a permit therefor from the Community Development Department. Such permit shall be issued only when the sign complies with all of the applicable provisions of this article. The fee for granting such a permit shall be in accordance with Ch. 6, Art. 13, of this code.
   (B)   Any person desiring such a permit shall file application therefor upon a form provided by the Community Development Department which shall contain or have attached thereto the following information:
      (1)   Name, address and telephone number of the applicant;
      (2)   A map drawn to scale showing the location of the building, structure or lot to which the sign is to be attached or erected, and showing the position of the sign in relation to nearby buildings and thoroughfares;
      (3)   A plan drawn to scale showing the design of the sign, materials used and method of construction, and means of attachment to the building or the ground;
      (4)   The name of the person, firm, corporation or association erecting, altering or relocating such sign;
      (5)   Written consent of the owner of the land on which the sign is to be erected, altered or relocated; and
      (6)   Any other information as the Community Development Director shall require in order to show full compliance with this and all other applicable ordinances of the village.
   (C)   Temporary signs.  The duration of display of temporary signs shall be as follows:
      (1)   Residential marketing signs, on-site and off-site.  Twelve months, renewable on a 12-month basis;
      (2)   Real estate signs.  Twelve months, renewable on a 12-month basis;
      (3)   Banners.  No more than four events per calendar year nor more than four weeks per event, with a maximum of no more than eight weeks per calendar year;
      (4)   Construction signs.  Twelve months, renewable on a 12-month basis;
      (5)   Special event signs.  See § 6-11-9; and
      (6)   Removal.  Temporary signs shall be removed upon expiration of the permit, or at such time as the event or purpose of the sign has ended, whichever is sooner.
(Ord. 92-06-75, passed 6-23-1992; Ord. 93-01-12, passed 1-26-1993; Ord. 2011-04-11, passed 4-18-2011)
§ 6-11-9  SPECIAL EVENT SIGNS.
   (A)   Certain temporary signs and attention-getting devices as defined in this section, and which may otherwise be prohibited, may be permitted for promoting special community activities, special business events, grand openings for businesses, activities of non-profit organizations or the sale or lease of real property, and are subject to the provisions of this section.
   (B)   All special event signage shall comply with the following:
      (1)   Special event signage shall be considered temporary, and shall be subject to the durations as specified in this section;
      (2)   All special event signage must be properly anchored or secured, and maintained in good condition. Banners must be securely affixed to a building or to posts; and
      (3)   A building permit is required in accordance with § 6-11-8.
   (C)   All temporary ground signs and banners affixed to posts shall comply with the following.
      (1)   Prior to any digging or the installation of any posts, the property owner shall contact J.U.L.I.E. (Joint Utility Locating Information for Excavators) and have the location of buried utilities marked on the property.
      (2)   Posts shall be installed to a depth at least 30 inches into the ground and shall remain perpendicular to the ground for the duration of the display event. Posts or above-ground supports shall be removed at the time that the temporary sign is removed.
      (3)   Temporary ground signs and banners shall be maintained in good condition and shall remain securely affixed to the posts or above-ground supports for the duration of the display event.
      (4)   Banners affixed to posts shall not be permitted to hang loosely and shall maintain 18 inches of clearance above the ground.
   (D)   Temporary signs advertising special events of governmental agencies, not-for-profit organizations or other non-commercial signs.
      (1)   On premises.  A maximum of one temporary ground sign or banner sign may be installed per street frontage, not larger than 32 square feet in area, and not more than six feet in height if a ground-mounted sign.  Pennants, streamers and balloons shall also be permitted.  Such signs may remain for a maximum of 30 days and must be removed upon the close of the event.  A governmental agency or not-for-profit organization may install temporary signs for four such events per calendar year.  All temporary signs shall comply with the sign placement requirements contained in § 6-11-11.
      (2)   Off premises.  Only governmental agencies shall be permitted to install temporary special event signs on properties other than the property upon which the special event is to take place.  Off premises special event signs shall only be permitted as an element of the overall signage for a special event which includes on premises signage.  Off premises special event signs shall comply with the following:
         (a)   A maximum of eight temporary off-site banner signs may be installed, not larger than 32 square feet in area and not more than six feet in height, if a ground-mounted sign.  Such signs may remain for a maximum of 30 days and must be removed upon the close of the event.  The signs shall only be located on properties owned by the government agency hosting the event, or upon properties owned by other governmental agencies with the written permission of those agencies.
         (b)   Temporary directional signs may be installed, not larger than six square feet in area and not more than four feet in height. The directional signs shall be displayed for no more than four days preceding the event and must be removed immediately upon the close of the event.  Directional signs may be located within the public right-of-way or on private property with the written consent of the property owner, and the placement of such signs shall comply with § 6-11-11 (C).  The location and number of temporary directional signs shall be subject to approval by the Community Development Director or his or her designee.
   (E)   Temporary on-site regional promotion signs for residential subdivisions.  A maximum of two temporary ground signs shall be permitted per event, not larger than 32 square feet in area and not more than ten feet in height, and shall be located only at entrances to the subdivision and in compliance with § 6-11-11. Pennants, streamers and balloons shall also be permitted. Banners shall be permitted, but must be securely affixed to a building. All other signs listed in § 6-11-10 shall not be permitted. A maximum of two promotional events may be held during each calendar year for a maximum of 15 days each.
   (F)   Grand opening signs.  Grand opening signs shall be permitted in the Business Zones (B-l, B-2, B-3), Office Zone (B-4) and Industrial Zone (I) for a one-time grand opening event for a new business or for a business new to a particular site in the village. All such signs shall be considered temporary, shall be permitted for a maximum of one one-week period and shall not count toward the time conditions placed on other temporary signs.
      (1)   Permitted signs. Grand opening signs may include temporary ground signs, banners, pennants, streamers, balloons, inflatable shapes and vehicle signs, subject to the restrictions as contained in this section. All other types of signs listed in § 6-11-10 shall not be permitted.
      (2)   Placement. Grand opening signs must be located in accordance with the sign placement requirements contained in § 6-11-11. Every grand opening sign must be securely attached to a building, posts or other stable means of support.
      (3)   Temporary signs and banners. One temporary ground sign or banner may be installed per street frontage, not to exceed 32 square feet in area. In addition to the temporary banner permitted under this section, no more than one other temporary banner per frontage may be displayed at any one time as permitted by § 6-11-8(C). Banners must be securely affixed to a building, posts or other stable means of support, shall be maintained in good condition, and shall not be permitted to hang loosely.
      (4)   Pennants, streamers and balloons. Pennants and ballons may contain a message if so desired. Pennants, streamers and balloons must be made of durable material, and must be attached to a suitable cord or cable and securely fastened to buildings, poles and/or other stable means of support on private property.
      (5)   Inflatable shapes. One inflatable figure or large balloon shall be permitted per event, shall not exceed 25 feet in height as determined in accordance with § 6-11-7, and shall be securely anchored. Inflatables may contain a message if so desired.
      (6)   Vehicle signs. Pennants, streamers and balloons may be attached to vehicles during the grand opening event. Such signs must be securely anchored to the vehicles. Vehicles bearing such signs, and vehicles bearing permanently affixed signs, must be located in accordance with the sign placement requirements contained in § 6-11-11.
      (7)   Additional grand opening signage. Signage that is not otherwise permitted by this article, but determined to be similar to signage otherwise permitted herein, may be approved by the Community Development Director.
   (G)   Business event signs.  Business event signs shall be permitted in the Business Zones (B-1, B-2, B-3), Office Zone (B-4) and Industrial Zone (I). All such signs shall be considered temporary, shall be permitted for a maximum of two 15-day periods per year and shall not count toward the time conditions placed on other temporary signs.
      (1)   Permitted signs. Business event signs may include temporary ground signs, banners, pennants, streamers, balloons and vehicle signs, subject to the restrictions as contained in this section. All other types of signs listed in § 6-11-10 shall not be permitted.
      (2)   Placement. Business event signs must be located in accordance with the sign placement requirements contained in § 6-11-11. Every business event sign must be securely attached to a building, posts or other stable means of support.
      (3)   Temporary signs and banners. One temporary ground sign or banner may be installed per street frontage, not to exceed 32 square feet in area. In addition to the temporary banner permitted under this section, no more than one other temporary banner per frontage may be displayed at any one time as permitted by § 6-11-8(C). Banners must be securely affixed to either a building, posts or other stable means of support, shall be maintained in good condition, and shall not be permitted to hang loosely.
      (4)   Pennants, streamers and balloons. Such signage may contain a message if so desired. Pennants, streamers and/or balloons must be made of durable material, and must be attached to suitable cord or cable and securely fastened to buildings and/or poles on private property.
      (5)   Vehicle signs. Pennants, streamers and balloons may be attached to vehicles during the event. Such signs must be securely anchored to the vehicles. Vehicles bearing such signs, and vehicles bearing permanently affixed signs, must be located in accordance with the sign placement requirements contained in § 6-11-11.
(Ord. 92-06-75, passed 6-23-1992; Ord. 93-01-12, passed 1-26-1993; Ord. 2011-04-11, passed 4-18-2011; Ord. 2014-04-15, passed 4-7-2014)
§ 6-11-10  PROHIBITED SIGNS.
   (A)   Unless otherwise provided for in this article, the following signs are expressly prohibited:
      (1)   Off-premises advertising signs or billboards; (Note: this prohibition relates to commercial signs only.)
      (2)   Moving, rotating or animated signs except traditional barber poles not exceeding two feet in height and projecting not more than 12 inches from the building, utilized only to identify a hair cutting establishment. In authorizing the latter exemption, the corporate authorities find it in the public interest to retain this historic symbol of American commerce;
      (3)   Searchlights;
      (4)   Illumination that is not steady and constant;
      (5)   Trailer-type portable (temporary) signs;
      (6)   “A” frame-type portable (temporary) signs;
      (7)   Pennants, streamers, balloons, inflatable shapes;
      (8)   Free-standing panels used to advertise products, prices and services;
      (9)   Triangular, cube or “V” shaped signs;
      (10)   Vehicle signs, temporary: no signs, banners, pennants, streamers or other removable, attention attracting devices shall be mounted on vehicles, except for vehicles utilized in parades for which village permits have been issued or as provided in § 6-11-9;
      (11)   Vehicle signs, permanent: no vehicles bearing permanently affixed signs shall be parked on public right-of-way, public property or private property where the apparent purpose is to advertise a product or service or to direct attention to a business or activity located on the same or another property and not being used for the purposes of transporting persons or materials. All vehicles displaying permanently affixed signs shall be currently licensed, operable, parked on the property of the business owning or leasing the vehicle, and in the parking area furthest from any street right-of-way, so as to minimize the effects of additional signage on the property, except for vehicles actively in transport, or in the specific act of receiving or delivering merchandise or rendering a service;
   (B)   Signs not listed in §§ 6-11-15 through 6-11-19 shall be deemed to be prohibited, even though such signs are not specifically listed in division (A) above.
(Ord. 92-06-75, passed 6-23-1992; Ord. 95-01-01, passed 1-3-1995; Ord. 2010-03-10, passed 3-15-2010; Ord. 2011-04-11, passed 4-18-2011)
§ 6-11-11  PLACEMENT OF SIGNS ON LOTS.
   No sign shall be placed closer than five feet to any lot line, with the following exceptions:
   (A)   Pole signs. Shall be set back a minimum of 40 feet from any street right-of-way line;
   (B)   Gasoline price signs. May be placed on the lot line where it does not obstruct the view of traffic;
   (C)   Sight obstruction. No sign of any type shall be located within the 25-foot sight triangle of a corner lot, unless the height of the sign is no more than 30 inches above the crown of the adjacent road. In addition, no sign shall be placed at any location on any lot in such a manner as to obstruct the view of traffic; and
   (D)   Political campaign signs. May be placed on private property or within the public right-of-way, except must not be located within the 25-foot sight triangle or in such a manner as to obstruct the view of traffic. See § 6-11-15(B)(8).
(Ord. 92-06-75, passed 6-23-1992; Ord. 2010-09-46, passed 9-7-2010; Ord. 2011-04-11, passed 4-18-2011)
§ 6-11-12  ILLUMINATION OF SIGNS, CHANGEABLE COPY AND NEON LIGHTING.
   (A)   Illumination. Illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct rays reflecting into the public way or any lot on the perimeter of the premises on which the signs are located.
      (1)   Exposed light bulbs, flashing, blinking or traveling and similar illumination is not permitted.
      (2)   Direct lighting shall be allowed only on permanent residential development signs, office complex directory signs, industrial park identification and entry features and so long as direct rays do not reflect into the public right-of-way or onto residential lots.
      (3)   Backlighting of awning or canopy signs shall be allowed so long as direct rays do not reflect into the public right-of-way or onto residential lots and no part of the illumination device is visible from the right-of-way. Backlighting of awnings or canopies without signs shall be allowed under the same conditions.
   (B)   Changeable copy. Changeable copy is allowed on permanent signs in accordance with the following.
      (1)   One-third of the sign area must be permanent copy, containing only the name and/or logo of the occupant. The permanent portion of a changeable copy sign shall be the upper portion of the sign, except that the permanent portion of a ground sign must be the street side of the sign if the sign is split vertically. If the changeable copy sign is a wall sign and is one of multiple signs on the same facade, then a permanent portion shall not be required if the name and/or logo of the occupant is provided on another wall sign on the same facade.
      (2)   The changeable copy must be electronically controlled or protected from unauthorized changes with a protective covering or other means of securing the sign.
      (3)   Changeable copy is allowed on wall signs, provided that the sign does not exceed the overall wall coverage requirements as set forth in the regulations for the zone in which the sign is located.
      (4)   Changeable copy is allowed on window signs, provided that the sign does not exceed the overall window coverage requirements as set forth in the regulations for the zone in which the sign is located.
      (5)   Changeable copy signs shall not be programmed to flash, blink or pulsate or to display messages that, in the judgment of the Community Development Director, may be likely to distract motor vehicle traffic. Electronic copy cannot be changed more than once every three seconds.
   (C)   Neon. Exposed neon tubing displayed in any manner shall be prohibited unless it is strictly limited to the following:
      (1)   In business, office and industrial zones, “open/closed” and “hours of business” on ground signs of a business; provided that, portion is no larger than six square feet and in compliance with requirements for signs regulating on-premise traffic and parking; and
      (2)   Window signs in business, office and industrial zones, and in compliance with the overall window coverage requirements as set forth in § 6-11-15.
(Ord. 92-06-75, passed 6-23-1992; Ord. 93-04-42, passed 4-13-1993; Ord. 2005-08-44, passed 8-1-2005; Ord. 2011-04-11, passed 4-18-2011)
§ 6-11-13  SAFETY AND MAINTENANCE.
   (A)   Every sign and all parts thereof, including framework, supports, background, anchors and wiring systems shall be constructed and maintained in compliance with the Building, Electrical and Fire Protection Codes of the village. Signs may not be painted directly on any surface of a building, except windows or doors and in compliance with the overall window coverage requirements as set forth in the regulations for the zone in which the property is located.
   (B)   All signs and all parts thereof shall be kept in a good state of repair and maintenance.
   (C)   It shall be unlawful for any owner or lessee of a sign or the owner or lessee of the premises where a sign is displayed to fail or neglect to maintain a sign as set forth in this section.
(Ord. 92-06-75, passed 6-23-1992; Ord. 93-01-12, passed 1-26-1993)
§ 6-11-14  OBSCENITY PROHIBITED.
   It shall be unlawful for any person to display upon any sign or other advertising structure any matter in writing or in picture, which, considered as a whole, predominantly appeals to prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, and goes substantially beyond customary limits of candor in description or representation of such matters.
(Ord. 92-06-75, passed 6-23-1992)
§ 6-11-15  SIGNS PERMITTED IN ALL DISTRICTS.
   Signs listed in this section are permitted in all zones and shall conform with the requirements as stated below. Such signs shall also conform with the general regulations, for example height, area, setback, clearance and the like, for signs enumerated in the remainder of the article.
   (A)   Signs requiring a permit. The following signs shall be permitted in all zoning districts, and shall require a sign permit.
      (1)   Banners. One temporary banner per street frontage per event, not to exceed 32 square feet in area and securely affixed to a building. Such signs shall be considered temporary. See § 6-11-8(C).
      (2)   Residential marketing signs, off-site. Residential marketing signs, off-site, shall be allowed at not more than four off-site locations within the village to call attention and give directions to the development. The corporate authorities find that temporary, residential marketing signs are the sole type of commercial sign to be permitted to be located off-site. In making this determination, the corporate authorities have considered, among other factors, the following:
         (a)   Residential developments unlike other commercial operations within the village are not clustered in specific and readily ascertainable sections of the village;
         (b)   The residential developments advertised in such signs are frequently located off main roads and along roads under construction;
         (c)   Unlike other commercial operations, potential purchasers of residences or suppliers to such residential developments are frequently non-repetitive customers. The corporate authorities have determined that the placement of this sole type of off-site commercial sign would assist rather than impede the flow of traffic and improve public safety within the village; and
         (d)   Each such sign shall not exceed 32 square feet in area and shall not have a total height of more then ten feet. Such signs must have at least one-quarter mile separation from each other, and no such sign shall be closer to an existing residence than 100 feet. Location and construction shall be approved by the Plan Commission. Such signs shall be considered temporary. See § 6-11-8(C).
      (3)   Placement of signs during road repairs. Whenever the repair of a road should make the location of ingress or egress to structures confusing to vehicular or pedestrian traffic, and it would be desirable to permit temporary signs to be placed to assist the public in gaining access to public or private property, the Community Development Director may issue permits for temporary signs which enhance the ability of the public to utilize the roadway system within the village, enhance safety and diminish the adverse economic impact of the necessary roadway work for adjacent property owners. Temporary signs may be permitted with a maximum size of 32 square feet and a maximum height of eight feet. The application shall specify the specific location at which the sign or signs will be placed, and the number of signs desired. The Community Development Director, in determining whether a permit shall be issued, shall consider, among other matters, the level of confusion caused by the roadwork, the number of persons likely to need information or direction at the location, the terrain and the aesthetic effect of the type and number of signs requested. Applicants desiring permission to install a larger sign shall use the variation provisions in § 6-11-21. The permit granting the sign shall contain a termination date and it shall be a violation of this article for such signs to be retained beyond the date of termination. Extensions in the termination date may be granted in the same manner as the permits are issued. Signs shall be exempt from the required schedule of fees.
      (4)   Scoreboards. Scoreboards associated with a public or private recreation facility, provided the such a scoreboard:
         (a)   Shall not exceed 20 feet in height or 250 square feet in total area.
         (b)   Shall not display commercial advertising that is visible from a public street.
         (c)   Shall otherwise comply with § 6-11-11 of this article.
   (B)   Signs not requiring a permit. The following signs shall be permitted in all districts, and shall not require a sign permit.
      (1)   Name and address plates. Such signs shall give only the name and/or address of the occupant of the building, and must be wall-mounted. For one- and two-family residential dwellings, such signs shall not be more than one and-one-half square feet in area. For residential buildings containing more than two dwelling units, and non-residential buildings, such signs shall not be more than three square feet in area.
      (2)   Memorial signs or tablets. Such signs shall only denote the date of erection of buildings, and be no larger than five square feet.
      (3)   No trespassing or beware of dog signs. For these signs or other such signs regulating the use of a property, the allowable sign area shall be not more than six square feet in business, office or industrial zones, and not more than two square feet in residential zones.
      (4)   Signs erected by a governmental body. Includes signs erected under the direction of such a body, such as traffic signs, railroad crossing signs, safety signs, signs identifying public schools and playgrounds and banner signs promoting the village. If the banner signs are sponsored by another agency or business, then such banner signs shall contain at least three-quarter copy promoting the government-sponsored activity or program and no more than one-quarter copy dedicated to the sponsoring agency or business. Sponsoring agency or business copy may contain sponsor’s name, logo, motto, date established or other similar information but shall contain no address, telephone, email or other contact information including information related to the sale of products or services.
      (5)   Flags, pennants, or insignias. Include signs of any government, or of any religious, charitable or fraternal organization. Such flag, pennant or insignia shall be no larger than four feet by six feet in size. Limited to a maximum of four flags, pennants or insignias per lot. All flags, pennants or insignias on a lot shall represent different entities. Any flag pole shall be constructed in accordance with current Village Building Code.
      (6)   Logo flag of a company located on the premises. A maximum of one per lot; provided that, it is flown with the American flag and shall not be larger than that flag and, in no event shall be larger than four feet by six feet. Any flag pole shall be constructed in accordance with current village building code.
      (7)   Political campaign signs. May be located on private property or within the public right-of-way in accordance with § 6-11-11.
         (a)   On private property, not to exceed 32 square feet in area or six feet in height. Such signs placed on private property shall be placed with the consent of the owner of the property only.
         (b)   In the public right-of-way, political signs shall be considered temporary, may remain for a maximum of 45 days and must be removed upon the close of the event or election. Political signs placed within the public right-of-way shall not be located within the 25-foot sight triangle. Any party placing signs in front of a private residence is advised to receive permission of adjacent property owner.
      (8)   Seasonal decorations. Decorations shall be displayed for not more than 45 days.
      (9)   Signs regulating on-premises traffic and parking. Signs regulating on-premise traffic and parking, and signs denoting sections of a building such as lavatory facilities, drive-up windows, public telephone areas, employee entrances and the like, with a maximum area of six square feet, bearing no commercial advertising, with a maximum height of six feet if a ground sign, and located in such a manner so as not to obstruct the view of traffic. Located below the eave line if a wall sign. Such signage may be placed on canopies or awnings to facilitate the movement of traffic and when such signage includes no commercial advertising, and is limited to one, six square foot sign per canopy or awning. Wall signs, canopy signs and awning signs with an area in excess of six square feet shall require a permit, and must comply with the wall coverage requirements as set forth in the regulations for the zone in which the sign is located. Commercial advertising shall be allowed on directional signs when limited to single use buildings and such signs adjacent to a dedicated right-of-way.
      (10)   Window signs. Such signs shall not cover more than 50% of the total window area as defined herein. In business, office and industrial zones, neon tubing may be used as window signage provided such signage shall not constitute more than one-half of the allowed window coverage. A neon border of not more than one inch in width may be permitted around the perimeter of each window and shall be included in the neon area calculations. Neon signage area calculations shall be as follows.
         (a)   Words, pictures, logos and other shapes shall be measured in the same manner as any other type of window signage.
         (b)   Neon borders shall be measured by multiplying the linear length of the neon border by one inch.
      (11)   Door lettering. Such signs shall not cover more than 25% of the total door area. Limited to name of business, address, hours of operation, and any directional information.
(Ord. 92-06-75, passed 6-23-1992; Ord. 93-01-12, passed 1-26-1993; Ord. 93-04-42, passed 4-13-1993; Ord. 94-05-44, passed 5-24-1994; Ord. 2004-06-32, passed 6-7-2004; Ord. 2010-03-10, passed 3-15-2010; Ord. 2010-09-46, passed 9-7-2010; Ord. 2011-04-11, passed 4-18-2011; Ord. 2012-10-34, passed 10-15-2012)
§ 6-11-16  SIGNS IN RESIDENTIAL ZONES (R-1, R-2, R-3, R-4).
   The following signs shall be permitted in the general residence zones. All other signs shall be prohibited.
   (A)   All signs enumerated in § 6-11-15.
   (B)   Permanent residential development identification and entry features. Permitted in association with principal entrances to single-family developments of 40 acres in size and multi-family developments of 30 acres in size, provided:
      (1)   A maximum of two per development may be permitted;
      (2)   The land area dedicated for the identification and entry feature shall contain a minimum of 1,000 square feet and shall be appropriately landscaped;
      (3)   Covenants providing for private ownership and maintenance of both the land area and signage shall be furnished and recorded;
      (4)   Signage constructed as part of identification and entry features may contain the name of the development, the development logo and the name of the village. Such signs shall be located a minimum of 150 feet from any proposed or existing buildings. Signs shall not exceed 36 square feet in area and six feet in height;
      (5)   A landscaping plan shall be provided;
      (6)   The sign shall be constructed of masonry or metal materials only; and
      (7)   A variation from the stated standards shall be approved by the Plan Commission.
   (C)   Temporary residential marketing signs at major entrances to planned unit developments or residential subdivisions. Not to exceed 64 square feet in area or ten feet in height, containing the name of the overall development and the names of builders or units therein. Such signs shall be considered temporary.
   (D)   Awning or canopy signs. Shall be considered permanent, are permitted only on multi-family or non-residential structures, and are permitted only as follows:
      (1)   Awning signs. These signs shall not project above the highest point of the building, and shall only be permitted as follows:
         (a)   Coloring or striping shall be allowed, but shall not be included as area of the signage;
         (b)   Signs shall be limited to an area no larger than 50% of the face of the awning; and
         (c)   The area of awning signs shall be included in the wall sign area calculation for the facade of the building upon which the awning is mounted and the total wall signage area shall be limited to a maximum of 8% of the facade area.
      (2)   Canopy signs. These signs shall not project above the highest point of the building, and shall only be permitted as follows:
         (a)   Coloring or striping shall be allowed, but shall not be included as area of the signage;
         (b)   Signage shall be limited to an area no larger than 50% of the canopy face upon which the sign is mounted; and
         (c)   The area of canopy signage shall be included in the wall sign area calculation for the facade of the building upon which the canopy is mounted, and the total wall signage area shall be limited to a maximum of 8% of the facade area.
   (E)   Identification signs, bulletin boards and community message boards. Shall be considered permanent, are permitted only for non-residential uses, and are permitted only as follows:
      (1)   Identification signs and bulletin boards. Permitted for non-residential uses, for example churches, cemeteries, golf courses and private non-profit recreational areas. Wall signage shall only be located on the principal building on the property, shall be located on facades which face a public street, and shall comply with the requirements of § 6-11-18(C). Ground signage shall be limited to one ground sign per street frontage, and each such sign shall be limited to 32 square feet in area and six feet in height. Bulletin boards must be used exclusively for non-commercial announcements; and
      (2)   Community message boards. Permitted for public institutions, on public property of more than one acre of land, not exceeding 96 square feet in area or eight feet in height.
   (F)   Signs not requiring a permit. The following signs are permitted in the Residential Zones, shall not require a sign permit, and shall not be counted when calculating the number of signs or square footage on a premise. However, such signs shall conform with the general regulations, for example height, area, setback, clearance and the like, for signs enumerated in the remainder of the article.
      (1)   Name and address plates. See § 6-11-15(B).
      (2)   Construction signs, residential. One per lot, not exceeding six feet in height and 16 square feet in area. Such signs shall be removed upon completion of the project.
      (3)   Real estate signs, residential. One per street frontage, not exceeding six square feet per side in sign area. Such signs shall be removed within ten days after the premises or lot advertised has been sold, rented or leased.
      (4)   Open house signs, residential. Professionally designed and lettered open house directional signs not exceeding six square feet in surface area per face and not exceeding four feet in overall height may be placed within the public right-of-way under the following conditions.
         (a)   Signs may be in place on Saturdays and Sundays only between the hours of 9:00 a.m. and 6:00 p.m.
         (b)   Signs must be free-standing, not attached to any utility pole or structure nor any traffic control sign.
         (c)   No attention attracting devices such as pennants, streamers, balloons, inflatable shapes, banners, flashing lights or other illumination shall be attached to an open house sign or placed in the public right-of-way.
         (d)   Each sign must have attached an adhesive label or other means to identify the name, business address and business telephone number of the person responsible for the placement and removal of each sign.
         (e)   A maximum of four signs for each house may be placed in the public right-of-way.
         (f)   No sign greater than 30 inches in height shall be placed within any portion of the 25 foot sight triangle as extended to the street pavement on the triangles third (non-right-of-way) side. The triangle is made up of the area of 25 feet from the point of intersection of two street right-of-way lines forming a corner.
         (g)   No more than one sign directing the public in any one direction shall be placed by the same company at a single corner of an intersection.
      (5)   Garage sale signs. Garage sale direction signs not exceeding six square feet in surface area per face and not exceeding four feet in overall height may be placed within the public right-of-way under the following conditions.
         (a)   Signs may be in place on Thursdays, Fridays, Saturdays and Sundays only between the hours of 9:00 a.m. and 6:00 p.m.
         (b)   Signs must be free-standing, not attached to any utility pole or structure nor any traffic control sign.
         (c)   No attention attracting devices such as pennants, streamers, balloons, inflatable shapes, banners, flashing lights or other illumination shall be attached to a garage sale sign or placed in the public right-of-way.
         (d)   Each sign must have attached an adhesive label or other means to identify the name and daytime telephone number of the person responsible for the placement and removal of each sign.
         (e)   A maximum of four signs for each garage sale may be placed in the public right-of-way.
         (f)   No sign greater than 30 inches in height shall be placed within any portion of the 25 foot sight triangle as extended to the street pavement on the triangles third (non-right-of-way) side. The triangle is made up of the area 25 feet from the point of intersection of two street right-of-way lines forming a corner.
         (g)   No more than one sign directing the public in any one direction shall be placed at any intersection.
         (h)   No garage sale signs my be posted at the corners of the intersection of Lies Road and Gary Avenue.
      (6)   Temporary residential model signs. One per model, located adjacent to such model. These signs shall be considered temporary and contain the name of the model and hours of operation. Each sign shall not exceed six square feet in area and shall not exceed four feet in height.
(Ord. 92-06-75, passed 6-23-1992; Ord. 93-01-15, passed 1-26-1993; Ord. 93-04-42, passed 4-13-1993; Ord. 2002-06-32, passed 6-17-2002; Ord. 2010-03-10, passed 3-15-2010; Ord. 2011-04-11, passed 4-18-2011)
§ 6-11-17  SIGNS IN THE BUSINESS ZONES (B-1, B-2, B-3).
   All signs are prohibited in the business zones, except for:
   (A)   All signs enumerated in § 6-11-15;
   (B)   Ground signs. All shall be considered permanent and are permitted as follows: single use building and lot. One per street frontage, not to exceed 72 square feet in area and six feet in height, except when a sign is installed  directly adjacent to a property line along a road right-of-way that equals or exceeds 200 feet in width, in which case the sign is not to exceed ten feet in height.
   (C)   Pole or commercial identification signs. All shall be considered permanent, shall be set back a minimum of 40 feet from any property line, and are permitted as follows:
      (1)   Single use building and lot containing a minimum of 100,000 square feet, located on a ten acre or larger lot and in lieu of a ground sign. One pole or commercial identification sign per street frontage, not exceeding 160 square feet in area or 25 feet in height.
      (2)   Shopping center. One pole or commercial identification sign per street frontage, not to exceed 160 square feet in area, or 25 feet in height, provided that advertising displayed thereon shall be limited to business, merchandise and services found within the shopping center, and/or shall include the overall name of the shopping center. No individual business or use within a shopping center may erect or maintain a pole or commercial identification sign.
   (D)   Directory signs. No single business or use shall erect or maintain a directory sign. All shall be considered permanent and are permitted as follows.
      (1)   Combined use building and lot. One ground directory sign per street frontage, not to exceed 72 square feet in area or six feet in height, except when a sign is installed directly adjacent to a property line along a road right-of-way that equals or exceeds 200 feet in width, in which case the sign is not to exceed ten feet in height.
      (2)   Shopping plaza. One ground directory sign per street frontage, not to exceed 96 square feet in area or six feet in height, except when a sign is installed directly adjacent to a property line along a road right-of-way that equals or exceeds 200 feet in width, in which case the sign is not to exceed ten feet in height.
      (3)   Shopping center. One ground directory sign per street frontage, not to exceed 120 square feet  in area or six feet in height, except when a sign is installed directly adjacent to a property line along a road right-of-way that equals or exceeds 200 feet in width, in which case the sign is not to exceed ten feet in height.
   (E)   Wall signs. All shall be considered permanent and are permitted as follows.
      (1)   All wall signs must not extend more than 12 inches from the building wall, nor extend above the facade of a flat roof, nor extend more than 20 feet above grade on a hip, gable, gambrel or any undefined roof, provided the sign is below the uppermost portion of the roof top, and below the uppermost portion of a mansard roof, but may be above the deck line.
      (2)   Such signs shall not be painted directly on the surface of the walls or roof of a building.
      (3)   The total area of wall signage shall not exceed 10% of the facade upon which the sign or signs are to be mounted.
      (4)   Shopping centers or shopping plazas. The maximum allowable area of wall signage shall be 10% per front facade of each unit within such center or plaza.
   (F)   Awning or canopy signs. Shall be considered permanent and are permitted only as follows.
      (1)   Awning signs. These signs shall not project above the highest point of the building, and shall only be permitted as follows.
         (a)   Coloring or striping shall be allowed, but shall not be included as area of the signage.
         (b)   Signs shall be limited to an area no larger than 50% of the face of the awning.
         (c)   The area of awning signs shall be included in the wall sign area calculation for the facade of the building upon which the awning is mounted, and the total wall signage area shall be limited to a maximum of 10% of the facade area.
      (2)   Canopy signs. These signs shall not project above the highest point of the building, and shall only be permitted as follows.
         (a)   Coloring or striping shall be allowed, but shall not be included as area of the signage.
         (b)   Signage shall be limited to an area no larger than 50% of the canopy face upon which the sign is mounted.
         (c)   The area of canopy signage shall be included in the wall sign area calculation for the facade of the building upon which the canopy is mounted, and the total wall signage area shall be limited to a maximum of 10% of the facade area.
   (G)   Gasoline price signs. No more than one per street frontage, with a maximum sign area of 24 square feet and a maximum height of six feet if a ground-mounted sign, 15 feet if attached to light poles. May be placed on the lot line where it does not obstruct the view of traffic.
   (H)   Menu boards. Limited to only those businesses classified as restaurants having a drive-through window. Up to two such signs shall be permitted per drive-through lane, with a maximum height of ten feet, a maximum combined sign area of 80 square feet per lane, and a maximum individual sign area of 60 square feet. Wall-mounted menu boards shall not be included in the calculation of wall sign area.
   (I)   Temporary real estate signs. One ground sign per street frontage, each sign not exceeding ten feet in height. The maximum area of each sign shall be 20 square feet, except that the area of all such signs on a lot shall be permitted to increase to a maximum of ten square feet of sign area for each one acre of land area up to a maximum of 200 square feet of sign area for each sign. Such signs shall be considered temporary.
   (J)   Temporary construction sign. One per street frontage, each sign not exceeding eight feet in height and 32 square feet in area. Such signs shall be considered temporary.
   (K)   Now hiring or help wanted temporary banners. One temporary banner per street frontage, not to exceed 32 square feet in area and securely affixed to a building. Such signs shall be considered temporary and shall be permitted for the same duration and frequency as other temporary banners as outlined in § 6-11-8(C). These banners shall not count toward time conditions placed on other temporary banners. In addition to the temporary banner permitted under this section, no more than one other permitted temporary banner per street frontage may be displayed at any one time.
(Ord. 92-06-75, passed 6-23-1992; Ord. 93-04-42, passed 4-13-1993; Ord. 95-01-01, passed 1-3-1995; Ord. 2010-03-10, passed 3-15-2010; Ord. 2011-04-11, passed 4-18-2011)
§ 6-11-18  SIGNS IN THE OFFICE ZONE (B-4).
   All signs are prohibited in the office zone, except for the following.
   (A)   All signs enumerated in § 6-11-15;
   (B)   Ground signs. All require a sign permit and are permitted as follows: single use building and lot. One per street frontage, not to exceed 72 square feet in area or six feet in height, except when a sign is installed directly adjacent to a property line along a road right-of-way that equals or exceeds 200 feet in width, in which case the sign is not to exceed ten feet in height.
   (C)   Wall signs. All shall be considered permanent and are permitted as follows:
      (1)   All wall signs must not extend more than 12 inches from the building wall, nor extend above the facade of a flat roof, nor extend more than 20 feet above grade on a hip, gable, gambrel or any undefined roof, provided the sign is below the uppermost portion of the roof top, and below the uppermost portion of a mansard roof, but may be above the deck line.
      (2)   Such signs shall not be painted directly on the surface of the walls or roof of a building.
      (3)   The total area of wall signage shall not exceed 8% of the facade upon which the sign or signs are to be mounted.
   (D)   Directory signs. Wall directory signs shall be located below the eave line of the building, and shall not be included in the 8% maximum wall coverage requirement for wall signs in the office zone. All shall be considered permanent and are permitted as follows:
      (1)   Single use building and lot. One wall directory sign, not to exceed 30 square feet in area;
      (2)   Multi-tenant building on a single lot. One ground directory sign per street frontage, not to exceed 72 square feet in area and six feet in height, except when a sign is installed directly adjacent to a property line along a road right-of-way that equals or exceeds 200 feet in width, in which case the sign is not to exceed ten feet in height, and one wall directory sign, not to exceed 30 square feet in area; and
      (3)   Office complex. One ground directory sign per street frontage, with a maximum of 96 square feet in area and six feet in height. Also, one ground directory sign per building, not to exceed 30 square feet in area, and six feet in height, or one wall directory sign per building, not to exceed 30 square feet in area.
   (E)   Awning or canopy signs. Shall be considered permanent and are permitted only as follows.
      (1)   Awning signs. These signs shall not project above the highest point of the building, and shall only be permitted as follows.
         (a)   Coloring or striping shall be allowed, but shall not be included as area of the signage.
         (b)   Signs shall be limited to an area no larger than 50% of the face of the awning.
         (c)   The area of awning signs shall be included in the wall sign area calculation for the facade of the building upon which the awning is mounted and the total wall signage area shall be limited to a maximum of 8% of the facade area.
      (2)   Canopy signs. These signs shall not project above the highest point of the building, and shall only be permitted as follows.
         (a)   Coloring or striping shall be allowed, but shall not be included as area of the signage.
         (b)   Signage shall be limited to an area no larger than 50% of the canopy face upon which the sign is mounted.
         (c)   The area of canopy signage shall be included in the wall sign area calculation for the facade of the building upon which the canopy is mounted, and the total wall signage area shall be limited to a maximum of 8% of the facade area.
   (F)   Temporary real estate signs. One ground sign per street frontage, each sign not exceeding ten feet in height. The maximum area of each sign shall be 20 square feet, except that the area of all such signs on a lot shall be permitted to increase to a maximum of ten square feet of sign area per face for each one acre of land area up to a maximum of 200 square feet of sign area for each sign. Such signs shall be considered temporary.
   (G)   Temporary construction sign. One per street frontage, each sign not exceeding eight feet in height and 32 square feet in area. Such signs shall be considered temporary.
   (H)   Now hiring or help wanted signs. One temporary ground or wall sign per street frontage, not to exceed 12 square feet in area and six feet in height when a ground sign. Such signs shall be considered temporary and shall be permitted for the same duration and frequency as temporary banners as outlined in § 6-11-8(C).
(Ord. 92-06-75, passed 6-23-1992; Ord. 93-04-42, passed 4-13-1993; Ord. 95-01-01, passed 1-3-1995; Ord. 2006-11-67, passed 11-20-2006; Ord. 2011-04-11, passed 4-18-2011)
§ 6-11-19  SIGNS IN THE INDUSTRIAL ZONE (I).
   All signs are prohibited in the industrial zones, except for the following:
   (A)   All signs enumerated in § 6-11-15;
   (B)   Ground signs. All shall be considered permanent and are permitted as follows:
      (1)   Single use building on a lot less than ten acres in area. One per street frontage, not to exceed 96 square feet in area, or ten feet in height; and
      (2)   Single use building on a lot of ten acres or more in area. One per street frontage, not to exceed 160 square feet in area, or ten feet in height.
   (C)   Wall signs. All shall be considered permanent and are permitted as follows.
      (1)   All wall signs must not extend more than 12 inches from the building wall, nor extend above the facade of a flat roof, nor extend more than 20 feet above grade on a hip, gable, gambrel or any undefined roof, provided the sign is below the uppermost portion of the roof top, and below the uppermost portion of a mansard roof, but may be above the deck line.
      (2)   Such signs shall not be painted directly on the surface of the walls or roof of a building.
      (3)   The total area of wall signage shall not exceed 12% of the facade upon which the sign or signs are to be mounted.
   (D)   Directory sign. Wall directory signs shall be located below the eave line of the building and shall not be included in the 12% maximum wall coverage requirement for wall signs in the industrial zone. All shall be considered permanent and are permitted as follows:
      (1)   Single use building and lot. One wall directory sign, not to exceed 30 square feet in area; and
      (2)   Multi-tenant building on a single lot. One ground directory sign per street frontage, not to exceed 96 square feet in area, or ten feet in height, and one wall directory sign, not to exceed 30 square feet in area.
   (E)   Awning or canopy signs. Shall be considered permanent and are permitted only as follows.
      (1)   Awning signs. These signs shall not project above the highest point of the building, and shall only be permitted only as follows.
         (a)   Coloring or striping shall be allowed, but shall not be included as area of the signage.
         (b)   Signs shall be limited to an area no larger than 50% of the face of the awning.
         (c)   The area of awning signs shall be included in the wall sign area calculation for the facade of the building upon which the awning is mounted, and the total wall signage area shall be limited to a maximum of 12% of the facade area.
      (2)   Canopy signs. These signs shall not project above the highest point of the building, and shall only be permitted as follows.
         (a)   Coloring or striping shall be allowed, but shall not be included as area of the signage.
         (b)   Signage shall be limited to an area no larger than 50% of the canopy face upon which the sign is mounted.
         (c)   The area of canopy signage shall be included in the wall sign area calculation for the facade of the building upon which the canopy is mounted, and the total wall signage area shall be limited to a maximum of 12% of the facade area.
   (F)   Industrial park identification and entry features. For industrial park development of 40 acres or more in size, with a minimum of five building sites, and which are subdivided into individual parcels with separate uses. Such signs  shall be permitted with the following conditions:
      (1)   A maximum of two per development with no more than one per principal entrance;
      (2)   The land area dedicated for the identification and entry feature shall contain a minimum of 1,500 square feet and shall be appropriately landscaped;
      (3)   Covenants providing for private ownership and maintenance of both the land area and signage shall be furnished and recorded;
      (4)   Signage constructed as part of identification and entry features shall contain the name of the development, and may contain the developer’s name and/or logo. Such signs shall be allowed 16 square feet of signage for the development’s first four acres. For developments larger than four acres, an additional two square feet of signage will be allowed for each acre in excess of four acres. Such signs shall not exceed a maximum of 96 square feet in area, eight feet in height, and shall be located a minimum of 100 feet from any proposed or existing buildings;
      (5)   A landscaping plan shall be provided;
      (6)   The sign shall be constructed of masonry or metal materials only, but may include illuminated lettering and symbols of other materials; and
      (7)   A variation from the stated standards shall require approval by the Plan Commission.
   (G)   Temporary real estate signs. One ground sign per street frontage, each sign not exceeding ten feet in height. The maximum area of each sign shall be 20 square feet, except that the area of all such signs on a lot shall be permitted to increase to a maximum of ten square feet of signage for each one acre of land area up to a maximum of 200 square feet of sign area for each sign. Such signs shall be considered temporary.
   (H)   Temporary construction sign. One per street frontage, each sign not exceeding eight feet in height and 32 square feet in area. Such signs shall be considered temporary.
   (I)   Now hiring or help wanted signs. One temporary ground or wall sign per street frontage, not to exceed 12 square feet in area and six feet in height when a ground sign. Such signs shall be considered temporary and shall be permitted for the same duration and frequency as temporary banners as outlined in § 6-11-8(C).
(Ord. 92-06-75, passed 6-23-1992; Ord. 93-04-42, passed 4-13-1993; Ord. 95-01-01, passed 1-3-1995; Ord. 2011-04-11, passed 4-18-2011)
§ 6-11-20  NONCONFORMING SIGNS.
   (A)   All permanent signs which are in existence at the time of passage of this article, but which do not conform to one or more provision of this code, shall be deemed to be a legal nonconforming use and may be continued only as provided in this code.
   (B)   Any nonconforming sign rendered nonconforming by the provisions of this code or any subsequent amendment to the sign code may be continued in use for a period of six months after the effective date of that amendment, provided there is no physical change other then necessary maintenance and repair, except as otherwise permitted herein. Any nonconforming sign which has not been removed or rendered conforming on or before the date of its required abatement shall be deemed a nuisance and may be abated as provided by law or ordinance. Provided, however, that any such nonconforming sign, the value of which is less than $500, may be continued in use for a period of only six months after the effective date of this amendment. Provided further, that any owner of property containing a sign which was granted a variation under prior versions of the sign regulations of the village may only display signs upon their premises as shall be in accordance with the terms of the variation granted. In the event that the terms of the variation previously granted are not complied with, such signs which were nonconforming uses pursuant to this comprehensive amendment shall be discontinued immediately; the corporate authorities have found that the expiration of the previously granted abatement period has expired.
   (C)   Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment of the sign code and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans, provided construction of the sign is started within 90 days after the passage of the ordinance amendment, and is diligently prosecuted to completion.
   (D)   Whenever a nonconforming sign has been discontinued for a period of six consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be re-established, and the sign thereafter shall be in conformity with the regulations of this code.
   (E)   Normal maintenance of a nonconforming sign is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming features of the sign.
   (F)   No structural alteration, enlargement or extension shall be made in a nonconforming sign, except in the following situations:
      (1)   When the alteration is required by law; and/or
      (2)   When the alteration will actually result in eliminating the nonconforming use.
   (G)   If a nonconforming sign is damaged or destroyed by any means to the extent of 50% or more of its replacement value at that time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the code. In the event the damage or destruction is less than 50% of its replacement value, based upon prevailing costs, the sign may then be restored to its original condition and the use may be continued which existed at the time of such partial destruction until the nonconforming sign is otherwise abated by the provisions of this code. In either event, restoration or repair must be started within a period of six months from the date of damage or destruction, and diligently prosecuted to completion.
   (H)   Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six months from the date of passage of this amendment. New temporary signs shall be allowed only in conformance with the provisions contained in this amendment.
   (I)   The Community Development Director shall, after the passage of this sign code, notify each owner of a nonconforming sign of the manner in which such sign is not in compliance with this code. He or she shall further notify each owner of a nonconforming sign that such sign must either be brought into compliance with this code or removed prior to its required abatement date.
   (J)   Conformity of sign setbacks reduced by the exercise of eminent domain. Legal, permitted signs which do not meet the requirements of the minimum setback which conformed to the provisions of this article but were reduced in setback as a result of the exercise of eminent domain or the threat of the exercise of eminent domain by a governmental body and which are still located entirely upon private property and not in the 25-foot sight triangle shall not be found to be nonconforming with the provisions of this article as a result of the loss of such territory.
(Ord. 92-06-75, passed 6-23-1992; Ord. 95-06-31, passed 6-19-1995; Ord. 2011-04-11, passed 4-18-2011)
§ 6-11-21  VARIATIONS.
   (A)   (1)   Variations to this sign code may be granted by the Zoning Board of Appeals after a public hearing and subject to the right of the Village Board to reverse such a decision as hereinafter provided. The Zoning Board of Appeals shall consider a request for a variation at a regular or special meeting of the Board, but no published public notice of the consideration of the request for a variation need be made. The Zoning Board of Appeals shall report its decision regarding the granting or refusing of the variation, in writing, to the Village Board.
      (2)   If the Village Board takes no action regarding the decision of the Zoning Board of Appeals within 21 days after the receipt of the written decision of the Board or the date of the first Village Board meeting which occurs after receipt of the decision of the Zoning Board, whichever event should occur later, the decision of the Zoning Board of Appeals shall become final. The Village Board may, however, approve or reverse the decision of the Zoning Board of Appeals at any time within 21 days after the receipt of the decision of the Zoning Board. In the instances in which the Village Board acts on the matter of variations of the Sign Code, its decision shall be final.
   (B)   The Zoning Board of Appeals or the Village Board may require from the applicants such sketches, drawings or photographs as shall be necessary to indicate the present condition of the property or sign and the condition of the property or sign after the variation is granted. The Zoning Board of Appeals or the Village Board may impose reasonable restrictions or conditions which the applicant shall be required to observe if the variation is granted. In considering the application for variation, the Zoning Board of Appeals and the Village Board shall consider any unique physical property of the land involved, the available locations for adequate signing on the property, the effect of the proposed sign on pedestrian and motor traffic, the cost to the applicant of complying with the sign code as opposed to the detriment, if any, to the public from the granting of the variation and the general intent of the Sign Code.
(Ord. 92-06-75, passed 6-23-1992; Ord. 2011-04-11, passed 4-18-2011)