(a) Purpose. It has never been the intent of the Village of Greenhills to infringe on the rights of property owners and occupiers to display messages protected by the First Amendment. Therefore, this Section is adopted in order to clarify the existing regulations and to remove any doubt that it is the public's right to receive and display First Amendment protected messages, including, but not limited to, religious, political, economic, social and philosophical messages. It is the further purpose to reaffirm that an expedient appeal process exists that addresses these First Amendment concerns.
(b) Definitions. For purposes of Chapter 1149, "First Amendment Protected Speech Message" shall mean any message that is not intended to convey a commercial message. "First Amendment Protected Messages" include, but are not limited to, religious, political, economic, social, and philosophical messages. A "Commercial Message" is one that is intended to call attention to a business or promote the sale of any goods or services.
(c) Conflict with Existing Provisions. In furtherance of the purpose of this section, if there is any conflict between the provisions of this Section 1149.07, with any other section of the Zoning Code, including any other provisions of Chapter 1149 regulating signs, and such conflict could be construed to infringe on First Amendment protected messages, the provisions of this Section 1149.07, shall control.
(d) First Amendment Safeguards. In order to safeguard the protections offered by the First Amendment of the United States Constitution, the following regulations shall apply:
(1) Signs permitted to be displayed under this Section
(2) All signs must be maintained in good and safe condition. If the signs permitted under this Section
(3) Every parcel that is permitted to display a sign containing a commercial message or other permitted message pursuant to the Zoning Code shall be permitted to display a First Amendment Protected Message in lieu of the permitted commercial or other permitted message. However, this provision shall not apply to existing signs displaying a message necessary for public safety, such as messages directing vehicular or pedestrian flow, parking restriction signs, or fire lane signs. Whether a sign displays a commercial message or a First Amendment Protected Speech message, each sign shall still be subject to the dimensional regulations imposed in each zoning district, including, but not limited to, size, height, area and setback. Signs with the First Amendment Protected Speech Message displayed in lieu of a commercial message shall be permitted in addition to signs displaying the First Amendment Protected Message permitted by this Section
(e) Signs Not a Principal Use. Signs shall be considered an accessory use and regulated as an accessory use pursuant to underlying zoning district regulations. However, signs authorized by this Section 1149.07 shall be permitted to be displayed by the owner on undeveloped lots.
(f) Exemption from Sign Permit Requirements. Signs authorized by this Section 1149.07 and real estate signs permitted by the zoning code are exempt from obtaining a sign permit required under Section 1149.12.
(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2016-07-L&R. Passed 10-25-16.)