CHAPTER 1149 Signs

(a) In the interest of promoting the general health, safety and welfare of the residents of the Village of Golf Manor ("Village"), as more fully set forth in the following purposes, these regulations are herein established to provide for the use, location, size, height and design of signs, in order to ensure that all signs are appropriate to, and compatible with, the character of the associated uses and of the surrounding area.

(b) In establishing these purposes, the Village has determined that no sign shall be permitted, erected or maintained as a main or accessory use except in accordance with the provisions of this Zoning Ordinance, unless such sign is exempted from the provisions of this Chapter.

(c) In establishing these purposes, the Village has determined that, without adequate regulation and design standards, signs may become a nuisance. The number of signs in the Village is excessive and is unduly distracting to motorists and pedestrians, creates a traffic hazard, and in some places reduces the effectiveness of signs required to protect the public. As the appearance of the Village is marred by the excessive number, oversized and poorly-designed signs, both residential and business property values are adversely affected. Therefore, the number of such distracting signs ought to be reduced and signs permitted should comply with the standards of this chapter in order to reduce the aforementioned effects.

(d) In view of the foregoing, any sign that does not conform to the regulations of this Chapter 1149 ("Chapter"), or any subsequent amendment thereto, shall therefore be deemed a public nuisance, and as such, must be abated as provided herein. It is further declared that the regulations contained in this chapter are the minimum regulations necessary to abate the nuisance and to achieve the purposes of this chapter.

(e) More specifically, the purposes of these regulations are to:

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

(2) Promote and maintain attractive, high value residential, business, retail, commercial and industrial districts, and preserve the scenic and natural beauty of designated areas.

(3) Provide necessary, yet reasonable and appropriate, signage for all residential, institutional and business uses in the community.

(4) Ensure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment, and to avoid confusion or hazardous conflict between traffic control signs and devices, and any other permitted sign.

(5) Enhance traffic and pedestrian safety.

(6) Provide the public with a safe and effective means oflocating businesses, services and points of interest within the Village.

(7) Protect the rights of property owners and occupants to display messages protected by the First Amendment to the United States Constitution. Therefore, the purpose of these regulations include the intention to remove any doubt that it is the public's right to receive and display messages protected by the First Amendment, including but not limited to, religious, political, economic, social, and philosophical messages subject, however, to reasonable regulations to assure safety and minimize visual blight. It is the further purpose of these regulations to affirm that an expedient appeal process exists that addresses these First Amendment concerns.

(8) Provide review procedures that enable and ensure the comprehensive evaluation of a sign's appropriateness to the site, building and surroundings, adherence to these purposes, and consistent enforcement of this Chapter's regulations.

(9) Establish and enforce a reasonable procedure for the eventual removal of legally nonconforming signs.

(10) Prohibit all signs not expressly permitted by this Chapter.

(Ord. 2018-11. Passed 8-13-18.)

1149.02 DEFINITIONS.

A-FRAME SIGN: A portable sign containing two (2) sign faces and whose framing is hinged at the apex at an angle less than ninety (90) degrees. Also known as a "Sandwich Board."

ABANDONED SIGN:

(a) Any sign or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1) year or more (for a sign or its supporting sign structure which conforms to this chapter at the time of adoption);

(b) A sign which advertises or promotes a business, service, owner, product, or activity which no longer operates at that location;

(d) A sign that is Deteriorated (as defined in herein), or is not adequately maintained, repaired, or removed within the specified time as ordered by this Chapter.

ADVERTISING SIGN: Any off-premises sign which directs attention to any business, profession, product, activity, commodity, or service that is offered, sold, or manufactured on property or premises other than that upon which the sign is located. A billboard is a type of advertising sign.

ANIMATED SIGN: Any sign having a conspicuous and intermittent variation in the physical position of any part of the sign.

ATTENTION-ATTRACTING DEVICE: Any device, such as balloons, searchlights, twirling signs, inflatable objects, etc., intended to attract the attention of the public to an establishment, location, product or service.

AWNING: A roof-like cover, often of fabric, metal, plastic, fiberglass or glass, designed and intended for protection from the weather or as a decorative embellishment, and which is supported by and projects from a wall or roof of a structure over a window, walk, door, or the like.

AWNING SIGN: A sign or graphic printed on or in some fashion attached directly to the awning material.

BANNER: Any temporary sign of light-weight fabric or similar material either enclosed or not enclosed in a rigid frame, and secured or mounted to a pole or a building at one (1) or more edges to allow motion caused by the atmosphere. Flags, as defined herein, shall not be considered banners.

CAMPUS SIGN: Signs permitted for multiple story buildings developed within a campus setting or environment.

CANOPY: A roof-like cover, often of fabric, metal, plastic, fiberglass or glass, on a support which is supported in total or in part from the ground, providing shelter over, for example, a doorway, outside walk or parking area.

CANOPY SIGN. Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door, entrance, or window.

CHANGEABLE COPY SIGN: A portion of a sign designed to periodically accommodate message changes. Changeable copy signs include the following:

(a) Electronically controlled signs (see Electronic Message Center Sign).

(b) Manually controlled signs.

COMMERCIAL MESSAGE: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

COMMERCIAL SIGN: A sign that contains a commercial message.

CONTRACTOR SIGN: A sign advertising or identifying a contractor which is not a sign advertising a business or profession located on the property or premises where the advertised business is located, but which identifies the contractor performing work on such property or premises.

CORPORATE LIMIT SIGN: Signs established by the Village, located on municipal property, to designate its boundaries to persons traveling into the community. Corporate limit signs may include the signs of nonprofit organizations.

DETERIORATED SIGN: Showing signs of weathering, rust, corrosion, exposed wiring, chipped paint or faces, cracked, broken, tom, or missing faces, or loose materials, or other evidence of disrepair.

DIRECTORY SIGN: Signs to direct pedestrian traffic within retail, office, industrial and institutional developments that have at least five (5) businesses, tenants or structures.

ELECTRONIC MESSAGE CENTER SIGN: A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, not including animated graphics and/or video.

ENTRANCEWAY SIGN. A type of ground sign located at the entrance or entrances of residential, commercial or industrial subdivisions that incorporate high quality building materials and landscaping to create a uniquely identifiable landmark for the subdivision.

FLAG: Any fabric or similar light-weight material attached at one (1) end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices used to represent a government, political subdivision, and/or any organization, whether for-profit or not-for-profit, but not including a commercial message.

FLASHING SIGN: Any sign having a conspicuous and intermittent variation in the illumination of the sign.

FREE-STANDING SIGN: A non-movable sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building.

GOVERNMENT SIGN. Signs designed for control of, or to provide information to, traffic and other regulatory functions, and signs of public utilities and/or common carriers indicating danger and/or location of facilities and/or components, and aids for service or safety which are erected by the order of a public officer in the performance of his/her public duty ( see also Public Sign).

GROUND SIGN: A freestanding sign supported by one or more uprights, braces or pylons located in or upon the ground, or something requiring location on the ground.

HAND-HELD SIGN: A sign containing a commercial message that is held, carried, worn, balanced by or otherwise mounted on a person. A hand-held sign shall include a human or animal used as an advertising device for commercial establishments, typically by holding or wearing of insignia, masks, or costumes associated with the commercial establishment.

IDENTIFICATION SIGN: A sign located at or near the entrance to an industrial, business or residential development, which is necessary for the safety or convenience of motorists and which is therefore erected primarily in the public interest.

ILLUMINATED SIGN: Any sign illuminated by electricity, gas or other artificial light, including reflecting or phosphorescent light.

(a) Indirect illumination - A light source not seen directly.

(b) Internal illumination - A light source concealed or contained within the sign, and which becomes visible in darkness through a translucent surface.

INTERIOR SIGN: Signs located within a structure not intended to be legible from the exterior. Signs affixed to a window or the walls enclosing the display area behind a window, which are obviously intended to be legible from the exterior, shall be considered exterior signs.

LIGHT DEVICE: Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign.

MARQUEE: Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.

MARQUEE SIGN: Any building sign painted, mounted, constructed or attached in any manner on a marquee.

NAMEPLATE: A permanent sign no larger than one square foot placed on the front of a residential structure, or mounted in the front lawn of a residential property. A nameplate will be included in the calculation of the maximum signage area allotted to a parcel.

NON-COMMERCIAL MESSAGE: A message intended to direct attention to a political candidate, election issue, political, social, religious, community or public service issue or idea, aim, viewpoint, aspiration or purpose and not intended to produce any commercial benefit or tend to encourage a commercial transaction.

NON-COMMERCIAL SIGN: A sign containing a non-commercial message. Any sign that may be displayed under the provisions of this Chapter may contain a non-commercial message.

OBSCENE SIGN: A sign which contains words or pictures in which the dominant theme, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is without redeeming social value.

OFF-PREMISE ADVERTISING SIGN: A sign which contains a commercial message unrelated to a business, profession, commodity, service, activity, sold or offered upon the premises where such sign is located.

ON-PREMISES SIGN: Any sign containing a commercial message related to a business or profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located.

PENNANT: Any sign oflight-weight plastic, fabric, or other similar material, whether or not containing a message of any kind, which is suspended from a rope, wire, or string, usually in a series, and which is designed to move in the wind. Flags of any government or political subdivision shall not be considered pennants.

POLE SIGN. Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level.

PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported from place to place, including, but not limited to, signs transported by means of wheels; A-Frame signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicle is used in the normal day-to-day operation of the business.

PUBLIC SIGN. Any sign required or specifically authorized for a public purpose by any law, statute, or ordinance which may be of any type, number, area, height above grade, location, illumination or animation, required by the law, statute, or ordinance under which the signs are erected (see also Government Sign).

PROJECTING SIGN: A type of wall sign affixed to any building or part thereof, or structure, extending beyond the building wall or parts thereof, or structure, by more than twelve (12) inches.

REAL ESTATE SIGN: A temporary sign posted on property that is actively marketed for sale or lease.

ROOF SIGN: A sign erected upon or above a roof or parapet wall of a building or structure.

SANDWICH BOARD: See "A-Frame Sign."

SEASONAL OR HOLIDAY DISPLAY. Any temporary display, such as Christmas decorations, used for a holiday and installed for a short, limited period of time.

SIGN: Any object, device, display, or structure, or part thereof, visible from a public place, a public right-of-way, any parking area or right-of-way open to use by the general public, which is designed and used to attract attention to an institution, organization, business, product, service, event, or location by any means involving words, letters, figures, designs, symbols, fixtures, logos, colors, illumination, or projected images. For clarification, examples of items which typically do not satisfy the necessary elements of this definition include, but are not limited to: works of art; architectural elements incorporated into the style or function of a building; and, flags of any nation, state, political subdivision, other geopolitical entity not related to a commercial business, product or service, and/or any organization, whether for-profit or not-for-profit, but not including a commercial message. For purposes of this definition, a work of art is any item expressing creative skill or imagination in a visual form, such as a painting or sculpture, which is intended to beautify or provide an aesthetic influence to a public area or area which is visible from the public realm and which in no way identifies or specifically relates to a commercial business, product or service.

SIGN AREA: The entire area within a single continuous perimeter enclosing the extreme limits of writing or a representation, emblem or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The necessary supports or uprights on which such sign is placed, not being advertising matter, shall not be included in computation of surface area. The area of a sign having more than one display surface shall be computed as the total of the exposed exterior display surface area.

SIGN FACE: The surface or the sign upon, against or through which the message of the sign is exhibited.

SIGN HEIGHT: The vertical distance from the uppermost point used in measuring the area of the sign to the crown of the road on which the property fronts.

SIGN STRUCTURE: The supports, uprights, bracing or framework for signs.

SIGN WALKER: An individual carrying a portable sign intended to convey a commercial message to vehicular traffic.

SITE SIGN: A sign located on any parcel for which a building permit has been issued but on which construction related to such building permit is incomplete. ·

SNIPE SIGN: Any sign that is posted on trees, landscaping, utility poles or structures, streetlights, fences, fire hydrants, bridges, curbs, sidewalks, park benches parkways, streets, right-of-ways, or other locations on public property.

TEMPORARY SIGN: Any sign or advertising display constructed of cloth, canvas, light fabric, paper, cardboard, or other light materials, which is displayed for a limited time only. Residential yard signs and signs painted on window surfaces which are readily removed by washing shall also be considered temporary signs. Temporary signs are not, nor are intended to be, permanently attached to a building, structure or the ground.

WALL SIGN: Any sign painted on, attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall and extending not more than fifteen inches from the face of the wall.

WINDOW-PERMANENT SIGN: A sign containing a commercial message, legible from the exterior of a building or structure, which is painted, attached, glued or otherwise affixed to a window or depicted upon a card, paper or other material and placed on, taped on or hung immediately behind the window or displayed from a window for the specific purpose of directing attention to a business, profession, service, product or activity sold or offered upon the premises where such sign is located.

WINDOW-TEMPORARY SIGN: A sign containing a commercial message, legible from the exterior of a building or structure, which is painted on a window; depicted upon a card, paper or other material; placed on, taped on or hung immediately behind the window; or displayed from a window for the specific purpose of attracting the attention of a passerby to a sale, promotional items or other products or services.

YARD SIGN: A temporary sign, which is mounted on a stake or a frame structure (often made from wire) that includes one (1) or more stakes.

(Ord. 2018-11. Passed 8-13-18.)

1149.03 APPLICATION OF CHAPTER.

(a) The provisions of this Chapter shall apply to and govern signs in all districts. No sign shall be erected or maintained unless it is in compliance with the regulations governing location and bulk of structures for the district in which it is located, unless such sign is otherwise specifically regulated by special use provisions relating to variances.

(b) Any sign already established on the effective date of this revised Chapter, which sign is rendered nonconforming by the provisions of this revised Chapter, and any sign which, as a result of subsequent amendments of this Chapter, shall be rendered nonconforming, shall be subject to the provisions of Section 1149.19.

(c) Wherever a commercial sign is allowed or permitted under this Chapter, an owner may place a non-commercial sign, subject to the time, place and manner provisions of this Chapter, without applying for a permit and/or paying a fee that otherwise would be required for the placement of a commercial sign on the lot; provided, that the sign structure or mounting device is legal without consideration of message content. This provision prevails over any provision to the contrary in this ordinance. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision does not create a right to increase the total amount of signage on a lot or parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

(d) All non-commercial speech is considered on-premise signage and is entitled to the privileges that on-premise signs receive under this section.

(e) Notwithstanding any other provision herein, signs that display a non-commercial message are entitled to the maximum square footage allowed any sign within the same zoning district, or if there are multiple non-commercial signs, the cumulative total of the square footage of all such signs may not exceed the maximum square footage allowed for any sign within the district.

(f) Notwithstanding any other provision herein, signs that display a non-commercial message are not subject to the temporal limitations otherwise set forth in this Chapter; however, such signs remain subject to all other provisions of this Chapter governing Temporary Signs.

(Ord. 2018-11. Passed 8-13-18.)

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