(a) Permit Required; Payment of Sign Permit Fee.
(1) Except those specified in Section 13-1-143, no sign, billboard, awning or canopy, as defined in this Article, shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a sign permit and without being in conformity with the provisions of this Article. A sign permit is not required for a change of sign copy when no change in business name is involved.
(2) Signs also shall meet all other structural requirements of other applicable codes and ordinances of the Village of Edgar including, as necessary and without limitation by enumeration, building permit and inspection requirements, site plan approval requirements and all applicable yard setback requirements. If the sign will affect the structural strength of a building, is large enough to require structural supports and bracing, or is to have electrical wiring, a building permit from the Building Inspector shall also be required.
(3) Signs shall not be erected or altered until a permit has been issued by the Zoning Administrator. "Altered" shall be defined as any modification in the size, height, dimensions, location or mounting of a sign other than routine maintenance.
(4) The required sign permit fee shall accompany each sign application and shall be required for all new signs and any modifications of any existing sign face or sign structure. A fee shall not be charged for putting an existing sign in conformity with this Article, or for a copy change when no change in business name is involved.
(5) Any sign permit granted hereunder may not be assigned or transferred to any other sign or modified sign face or sign structure.
(b) Application for a Sign Permit. Any person, firm, corporation or organization desiring to place, erect, alter or relocate a sign, as herein defined, except an exempt sign, shall make application to the Zoning Administrator and shall provide in writing the following information:
(1) The name, address, telephone number (land line, cellphone and fax), and email address of the applicant.
(2) The name, address, telephone number (land line, cellphone and fax), and email address of the owner or owners of the premises upon which the sign is to be attached or erected, including written proof of consent from the property owner upon which the sign(s) are to be erected and maintained.
(3) The name, address, telephone number (land line, cellphone and fax), and email address of the owner of the sign if he/she is neither the applicant nor the owner of the premises on which the sign is to be attached or erected.
(4) The street number and street name or tax parcel number of the land upon which the sign is to be attached or erected.
(5) A legible scaled drawing with description and dimensions of the sign(s) to be erected or maintained under that permit and the sign's proposed location on the building or site.
(6) The basic materials to be used in the construction of the sign.
(7) A description of all electrical equipment if the sign is to be lighted or illuminated.
(8) Information about the sign: dimensions, including display surface; materials; illumination; wiring; height above grade; and distance from lot lines.
(9) Proof of payment of the appropriate sign permit fee, when required.
(10) Any other item of information that may be reasonably required by the Zoning Administrator or other Village officials for the purpose of application evaluation.
(c) Application Review.
(1) If the application is complete and the sign conforms to the basic requirements of this Article, the Zoning Administrator may issue a permit.
(2) The Zoning Administrator shall review all applications within thirty (30) days of submittal. The Zoning Administrator shall review the applications and apply the established Sign Design Review Guidelines prescribed in Subsections (d) and (e).
(d) Basis for Granting. In reviewing a sign permit application, the Zoning Administrator may consider the following factors in deciding whether or not to grant the issuance of a sign permit [see also Subsection (e) below):
([) Whether the sign is designed, installed, and maintained to promote the surrounding environment desired by the general public, pursuant to the objectives of proper design and zoning criteria.
(2) Whether the sign is designed, constructed, installed, or maintained in such a manner that it does not endanger public safety or traffic safety.
(3) Whether the sign is legible, readable, and visible in the circumstances in which it is to be used.
(4) Whether the sign, including size, height, illumination and location, is respectful of reasonable rights of other advertisers whose messages are displayed in the area.
(5) Whether the sign is in compliance with the provisions of this Article.
(6) Whether the sign is in compliance with the provisions of this Code of Ordinances relating to traffic safety, traffic visibility setbacks, historic preservation and zoning.
(e) Sign Design Review Guidelines. In addition to the criteria established in Subsection (d) above, the following Sign Review Guidelines shall be used by the Village Board in acting on sign permit applications and by the Zoning Board of Appeals in acting on appeals or variance requests:
(1) Any signage affixed to a building should be dimensioned and located in such a manner that it fits the building's architectural features and proportions.
(2) All signs should be designed to fit the zoning and status character of the surrounding area. Special consideration should be made where proposed signage is located on or adjacent to locally identified historic structures or publicly owned recreation and conservancy areas. Signage in special planning areas, such as the downtown, or historic preservation areas, will be required to conform to the planned dominant architectural theme of the area. Signage in or abutting residential properties should be designed and located so as not to create a residential nuisance.
(3) As a general guidelines and where feasible, ground mounted, free standing signs larger than six (6) square feet shall be located at least one hundred (100) feet apart.
(4) Signs illuminated by floodlight or spotlights must be positioned in such a manner that none of the light spills over onto an adjoining property or glares or shines into the eyes of motorists or pedestrians, and may not exceed three (3) footcandles at the lot line.
(5) As a general guideline, the number of colors and materials should be kept to a minimum.
(6) Landscape features will be encouraged as part of all ground mounted signs. Landscape plantings or other landscape materials will not be counted as part of the allowable signage area.
(f) Permit Issuance/Denial.
(1) All sign permit applications shall be reviewed by the Zoning Administrator who shall deny or grant such applications or refer the application to the Village Board, within ten (10) business days of receipt of the complete application and payment of fee. If the sign meets the requirements of this Article and all other ordinances of the Village of Edgar, the Zoning Administrator shall issue a permit therefor.
(2) If the sign permit is denied by the Zoning Administrator, within five (5) days, a written notice of the denial shall be provided to the applicant, together with a brief written statement of the reasons for the denial.
(3) No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign, nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign.
(g) Appeal of Denial of Sign Permit.
(1) Any decision of the Zoning Administrator under this Article may be appealed to the Zoning Board of Appeals. A request for an appeals hearing shall be made in writing to the Zoning Administrator within thirty (30) days of the date of permit denial.
(2) A majority vote of the Zoning Board of Appeals is required to modify the earlier determination of the Zoning Administrator.
(h) Permit Revocation; Appeal.
(1) A sign permit may be revoked by the Zoning Administrator in the event that the applicant has failed to comply with the provisions of these regulations or any conditions that may have accompanied the permit at the time of granting.
(2) The holder of a revoked sign permit may appeal such revocation action to the Zoning Board of Appeals. A request for an appeals hearing shall be made in writing to the Zoning Administrator within thirty (30) days of the date of the original permit revocation.
(3) Upon any permit revocation or failure to prevail before the Zoning Board of Appeals, the sign(s) subject to such revoked permits shall be removed by the licensee within thirty (30) days of such revocation.
(4) Revocation shall not give cause to a right of total or partial reimbursement of license fees paid.
(i) Standards for Zoning Board of Appeals in Reviewing Appeals. The Zoning Board of Appeals may authorize upon appeal, in specific cases, issuance of a sign permit when such decision will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Article will result in unnecessary hardship and so that the spirit of this Article shall be observed and substantial justice done. No Zoning Board of Appeals's appellate decision shall have the effect of allowing in any district uses prohibited in that district or permit standards significantly lower than those required by state law or this Article.
(j) Stay of Proceedings During Appeals. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Zoning Board of Appeals that, by reason of facts stated in the certificate, a stay would, in his/her opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Zoning Administrator and on due cause shown.
(k) Signs in Historic Districts. In addition to these sign regulations, all signs within any historic district shall be subject to the provisions of the Village's Historic Preservation Code.
(I) Insurance. Any person, firm or corporation engaged in the business of erecting, repairing, maintaining or relocating any sign shall maintain in effect at all times a policy of liability insurance with limits of One Hundred Thousand Dollars ($100,000.00) for bodily injury and Two Hundred Thousand Dollars ($200,000.00) aggregate and One Hundred Thousand Dollars ($100,000.00) property damage. Proof in insurance shall be presented to the Zoning Administrator before the sign permit is granted.
(m) Inspection. The applicant shall, upon completion of the installation, relocation or alteration of the sign, notify the Zoning Administrator who may inspect the premises to inspect whether the sign complies with the regulations of this Article.
(n) Permit Validity. Any sign permit issued by the Zoning Administrator shall be null and void and automatically revoked in the event that construction, installation, or manufacture of the sign has not been commenced within one hundred eighty (180) days from the date of the issuance of such permit. If work authorized by such permit is suspended or abandoned for a period of ninety (90) days any time after the work is commenced, the original permit shall become null and void. A new permit shall first be obtained to complete the work, and a new permit fee shall be required.
Cross-Reference: Section 13-1-263, Variances.