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§ 151.120 FEES.
   Base application fee shall be $180, plus other applicable plan review fees as determined by Building Department at time of application. For projects requiring plan review fees to be paid by applicants per Village Codified Ordinances.
(Ord. O-3-22, passed 2-28-2022)
§ 151.121 ABANDONMENT.
   (A)   At such a time a solar energy system is scheduled to be abandoned or operation is to be discontinued, the applicant will notify the Building Department of the proposed date of abandonment or discontinuation of use. If applicant fails to notify the Building Department, then in that event the provisions contained under (C) herein below shall apply.
   (B)   Upon abandonment or discontinuation of use, the owner shall physically remove the solar energy system within 180 days from the date of abandonment or discontinuation of use. This period may be extended 60 days at the request of the owner but only upon the approval of the Building Department. "Physically remove" shall include, but not be limited to (not applicable to solar shingles themselves):
      (1)   Removal of the solar energy system and related above grade structures.
      (2)   Restoration of the location of the solar energy system to its natural condition, except that any landscaping, grading may remain in the after-conditions.
   (C)   In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous six-month period. After 12 months of inoperability, the Building Department shall issue a notice of violation to the owner of the solar energy system. The owner shall have the right to respond to the notice of violation within 30 days from receipt. The Building Department shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the solar energy system has not been abandoned.
   (D)   If the owner fails to respond to the notice of violation or if after review by the Building Department it is determined that the solar energy system has been abandoned or use discontinued, the owner of the solar energy system shall remove the system at the owner's sole expense within 60 days of receipt of the notice of violation.
(Ord. O-3-22, passed 2-28-2022)
SIGN REGULATIONS
§ 151.124 PURPOSE.
   The purposes of these regulations are to:
   (A)   Enhance and protect the physical appearance of the community.
   (B)   Promote and maintain attractive, high value residential, retail, commercial and industrial districts, and preserve the scenic and natural beauty of designated areas.
   (C)   Provide necessary, yet reasonable and appropriate, signage for all residential, institutional and business uses in the community.
   (D)   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.
   (E)   Enhance traffic and pedestrian safety.
   (F)   Provide the public with a safe and effective means of locating businesses, services and points of interest within the municipality.
   (G)   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.
   (H)   Establish and enforce a reasonable procedure for the eventual removal of legally non-conforming signs.
(Ord. O-2-20, passed 2-10-2020)
§ 151.125 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   (A)   SIGN and OWNER.
      (1)   A SIGN is a structure which includes any object, device, display, graphic, support structure, or other part thereof, which is situated indoors or outdoors or is attached to, painted on, or displayed from any premises in order to direct attention to or announce an object, person, institution, organization, business, product, service, event, or location, by any means, including words, letters, figures, designs, logos, symbols, fixtures, colors, illumination, or projected images. Any flag, pennant, streamer, pole, pylon, foundation, or architectural device shall be construed as a "sign" when it is demonstrable that it is intended to draw attention to or announce or identify an enterprise. "Sign support structure" includes any mechanism, framework, or securing system used to support or secure a sign into its permanent location.
      (2)   OWNER OF SIGN. For the purposes of this section, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Building Commissioner.
      (3)   Except for temporary yard signs, and as otherwise permitted in this chapter, no property may contain more than one sign.
   (B)   Definition of signs according to type of message conveyed.
      ADVERTISING SIGN. A sign directing attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is maintained, including a billboard sign.
      BULLETIN BOARD SIGN. Any sign or structure of permanent character, but with movable letters, words, or numerals, which is located on the premises of a public educational, institutional, religious, or charitable organization and is used to identify the name of the institution or organization and/or to announce their activities.
      BUSINESS SIGN. A sign directing attention to a business, commodity, service, or entertainment conducted, sold, or offered upon the same premises as those upon which the sign is maintained.
      CONSTRUCTION SIGN. A sign which is located on a lot where construction is in progress, which indicates the name of the project, architect, engineer, contractor, or other similar information concerning the project.
      DEVELOPMENT SIGN. A sign which, by symbol or name, identifies a subdivision, or residential development, a shopping center, or retail development.
      DIRECTIONAL SIGN or INFORM- ATIONAL SIGN. Any sign which serves solely to provide special information such as direction, entrance/exit, parking, and which does not include business names, brand names, or information regarding product lines or services.
      DIRECTORY SIGN. A secondary sign on which the names and locations of occupants or the use of a building or property are identified.
      IDENTIFICATION SIGN. The primary sign which indicates the name or address of a building, institution, or person, or the permitted use, activity, or occupation pertaining to the premises.
      INCIDENTAL SIGN. A secondary sign which conveys information pertinent to the use, activity, or occupation conducted on the premises, such as the hours of operation or credit card information.
      MEMORIAL PLAQUE. A plaque designating names of buildings, and/or date of erection and other items such as architect or others involved in the building's creation, cut into or attached to a building's surface.
      NAME PLAQUE. A small sign indicating the name, address, or title of the owner, renter, or lessee of the premises on which the sign is located.
      PROFESSIONAL SIGN. A sign indicating the name and occupation of a professional person or group of associated professional persons.
      REAL ESTATE SIGN. Any sign which advertises or announces the sale, rental, or lease of the premises upon which the sign is located.
      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.
      TRADEMARK or LOGO SIGN. An identification sign portraying a symbol, or trademark, with or without lettering, of a business or industry, and which symbol or trademark had been used on signs in other locations and in printed advertising.
      YARD SIGN. A temporary sign, which is mounted on a stake or a frame structure (often made from wire) that includes one or more stakes.
   (C)   Definitions of signs according to location or method of attachment.
      AWNING or CANOPY SIGN. A sign that is painted on or attached to a canopy or an awning.
      BALLOON SIGN. An inflated nonporous object filled with air or other gas used for business identification or advertisement.
      BILLBOARD SIGN. A sign which directs attention to a business use, service, activity, commodity, or profession which is not conducted, sold, or offered upon the property where such sign is located.
      ENTABLATURE SIGN. A sign whose complete visible surface is mounted within the area of an entablature or any place thereof, including the cornice, frieze or architrave.
      FREESTANDING SIGN. A sign which is supported by one or more poles or columns, or other type of base, set in or upon the ground and not attached to any building (see also PYLON SIGN and GROUND SIGN).
      GROUND SIGN. A freestanding sign, other than a pylon or pole supported sign placed upon or supported by the ground independently of any other structure.
      HANGING SIGN. See PROJECTING STREET AND YARD SIGNS.
      INCIDENTAL SIGN. A small sign, emblem, or decal informing the public of business hours, goods, facilities, or services available on the premises.
      INTERIOR DISPLAY SIGN. Any sign whose visible surface, entire construction, and support system is mounted within the interior of a building.
      MARQUEE SIGN. A sign attached to a permanent canopy which is usually of metal and glass, projecting over the entrance to a building.
      MOBILE SIGN. Any portable sign whose structure is secured to wheels, runners, casters, or a parked trailer, parked vehicle, or other mobile device.
      OFF-PREMISES SIGN. A sign relating information about a particular use, building, owner, occupant and/or activity, but which is installed on property other than that to which it refers.
      PARAPET. See UPPER WALL SIGN.
      PIER, PILASTER, or COLUMN SIGN. A sign whose complete visible surface is mounted within the area of a pier, column, pilaster, or other vertical surface which is part of the facade, with a bottom edge beginning at the facade base, or at grade, and the upper edge ending at an entablature, parapet, lintel, roof, or any upper facade element or the bottom line of an upper wall area.
      POLE SIGN. A freestanding, other than a pylon or ground sign, erected and maintained on a mast or pole and not attached to any building.
      PROJECTING STREET SIGN. A sign which is suspended from, attached to, or supported by a building or structure and extending away from said building or structure, and which projects into the right-of- way of any street, alley, sidewalk, or other thoroughfare. A PROJECTING SIGN shall also include a sign suspended from the ceiling of a marquee, canopy, or vestibule where such sign is located in the street right- of-way.
      PROJECTING YARD SIGN. A sign erected approximately perpendicular to the wall of a building, including a sign erected at the corner of a building and projecting into an open space or yard but not projecting into the right-of-way of any street, sidewalk, alley, or other public thoroughfare.
      PYLON SIGN. Any freestanding sign on a pylon: a large structure or structures, such as a gateway, marking an entrance or approach.
      REFACED SIGN. Any sign that requires a replacement facing shall be permitted without acquisition of a building permit except for signs located in a historic district.
      ROOF SIGN. Any sign erected, constructed, and maintained upon a roof or one that projects above the highest point of a building with a flat roof, the eave-line of a building with gambrel, gable or hip roof, or the deck line of a building with a mansard roof.
      STREAMER, BANNER, or PENNANT SIGN. A long narrow piece of cloth or any nonrigid material, with no enclosing framework, possessing characters, letters, illustrations, or ornamentations, excluding official flags, which is hung from a staff or stretched or hung between two or more supports.
      WALL SIGN. Any sign attached to, or erected against the wall or a building or structure, which does not extend more than 12 inches therefrom, nor extends above the roof line, and having the exposed face or the sign in a plane parallel to the plane of such wall.
         (a)   UPPER WALL SIGN or PARAPET SIGN. A sign whose complete visible surface is mounted within the area of a wall surface which is part of the facade above the first-floor windows, doors, piers, entablature, or any other elements defining the first floor or the pedestrian level or a facade.
         (b)   WINDOW SIGN. Signs affixed to, in contact with, or within 12 inches of a window; installed for purposes of viewing from outside the premises. This does not include merchandise located in a window.
   (D)   Definitions of signs according to illumination.
      FLASHING SIGN. Any sign which contains an intermittent or flashing light source, or which includes the illusion of flashing or intermittent light by means of animation or an externally mounted intermittent light source.
      ILLUMINATED SIGN. A sign with an artificial light source incorporated for the purpose of illuminating the sign, including the following:
         (a)   FRONT-LIT SIGN. An illuminated sign in which the lighting source is separate from the sign, and shines onto the face of the sign.
         (b)   BACK-LIT SIGN. An illuminated sign in which the light source is behind the face of the sign.
            1.   BACK-LIT LETTER SIGN. A back-lit sign in which only the lettering on the face of the sign is illuminated.
            2.   FULL BACK-LIT SIGN. A back-lit sign in which the entire face of the sign is illuminated.
            3.   NEON SIGN. Signs employing the use of neon lighting or luminous tubes in any manner.
(2000 Code, § 151.125) (Ord. O-4-96, passed 3-25-1996; Ord. O-12-06, passed 12-26-2006; Ord. O-3-08, passed 2-25-2008; Ord. O-2-20, passed 2-10-2020)
§ 151.126 SIGNS WITHIN RESIDENTIAL DISTRICTS.
   (A)   Permitted signs. Within any residential district as designated on the building zone map, only the following signs shall be permitted subject to the provisions of this chapter:
      (1)   Traffic or other municipal signs pertaining to the health, welfare, and safety of the village; highway signs erected by or at the direction of the state, including legal notices, danger signs, emergency signs, and non-advertising signs, when approved by the Mayor;
      (2)   One non-illuminated or "front-lit" "name plaque sign", not exceeding one square foot in area, shall be permitted for each single-family dwelling. Name plaque signs shall not be placed nearer to a street lot line than 15 feet;
      (3)   Signs and "bulletin boards" pertaining to public or semipublic recreational or educational uses permitted in the residential districts. These signs or bulletin boards shall not exceed 12 square feet in area and shall be erected only on the premises of the use to which the sign refers. No more than one sign or bulletin board may be erected for each premises. Bulletin board signs shall not be placed nearer to a street lot line than 15 feet;
      (4)   Name of building or date of erection, fabricated of incombustible material and built into the walls of a building. Name of building shall not exceed six square feet in areas and shall not be placed nearer to a street lot line than 20 feet;
      (5)   Memorial signs, plaques, and tablets, when approved by the Council;
      (6)   Temporary signs not intended for permanent use, subject to requirements specified in § 151.131; such signs will not exceed six square feet in area and shall not be placed nearer to a street lot line than 15 feet. Also, such signs shall not be placed outside the width of the house that is facing the street. An exception may exist where permanent shrubbery or topography prevent view of sign if placed as required above. In such event, approval may be given the Chief of Police for a location other than that required under normal conditions as long as it does not create a safety issue.
      (7)   Hospital or a nursing, rest or convalescent home located within residential district may have one identification sign and additional "incidental" signs in order to denote entrances and exits. Incidental signs shall not exceed four square feet in area and shall not be placed nearer to a property line than 25 feet;
      (8)   "Professional signs" for home occupations as permitted by § 151.060(A)(7). Not more than one such sign shall be permitted for each premises and each sign shall not exceed two square feet in area. These signs shall be "wall signs" or lettered on the glass surface of a window or door. The top of the sign shall not be higher than the top of the front door; and
      (9)   Temporary signs made of lightweight wood or cardboard, or of wire frame and plastic, denoting political cause or candidate not over six square feet in area. Such signs shall be placed back from every street lot line at least the distance in feet equal to the number of square feet area of the sign; provided, that no such sign shall be placed nearer to a street lot line than 15 feet. An exception may exist where permanent shrubbery or topography prevent view of sign if placed as required above. In such event, approval may be given by the Mayor for a location other than that required under normal conditions.
      (10)   Identification signs. All properties within the village shall have numbers prominently displayed on the front of the premises to assist emergency service personnel to identify the property in a timely manner from the street. For those properties with a rear access alley, identification signs shall be placed on both the front and rear of the property to assist emergency service personnel. For properties within the historic district, the Architectural Review Board shall establish clear guidelines relative to such identification signs and numbers.
   (B)   Prohibited signs. All other signs, announcements, declarations, demonstrations, displays, or insignia, other than those specified in division (A) above, shall be prohibited, including those designated in § 151.127(B).
(2000 Code, § 151.126) (Ord. O-4-96, passed 3-25-1996; Ord. O-20-00, passed 12-20-2000; Ord. O-12-06, passed 12-26-2006; Ord. O-3-08, passed 2-25-2008; Ord. O-2-18, passed 1-8-2018; Ord. O-2- 20, passed 2-10-2020; Ord. O-28-20, passed 11-23- 2020) Penalty, see § 151.999
§ 151.127 SIGNS WITHIN BUSINESS A DISTRICT.
   (A)   Permitted signs. Within the Business A District, as designated on the building zone map, only the following signs shall be permitted subject to the provisions of this chapter and in conformance with requirements of the State Basic Building Code.
      (1)   Signs as permitted and as regulated in residential districts as specified in § 151.126, except as otherwise provided herein;
      (2)   Each business occupant directly abutting a street or off-street parking lot in Business A District shall be permitted only one “identification sign”, with the following exceptions:
         (a)   In the case of premises abutting more than one street, or an off-street parking area, the occupant may install one “identification sign” facing each street and off-street parking area;
         (b)   In the case of a “truncated building” the occupant may install one identification sign parallel to the diagonal wall of the building and one identification sign facing one street;
         (c)   In premises containing multiple occupants, there may be one “development” or building name identification sign;
         (d)   In premises containing multiple occupants who do not have direct access onto a street or off-street parking, and use common corridors to exit, there may be one “directory sign” which lists the occupants therein. This sign may be a “freestanding” or “wall” sign. Such sign shall be limited in area to one square foot per corporate or individual tenant; and provided further, that such total area shall not exceed 20 square feet in area. If “freestanding”, the highest point of sign, including support structure, may be no higher than eight feet above grade. All such signs must be non- illuminated or “front-lit”; or
         (e)   In premises containing multiple occupants whose business directly abuts or faces a
street or off-street parking, there may be one identification sign for each business facing each abutting street or off-street parking lot.
      (3)   Permitted identification signs shall be as follows:
         (a)   Signs lettered on the glass surface of windows or doors of the premises not exceeding in area more than 25% of the total available window and door area; provided, that the maximum letter size shall be six inches high and six inches wide, that there shall be no background, and that the glass shall remain untinted and undisturbed. A sign lettered on the glass surface of a window or door may be either an identification sign or an incidental sign;
         (b)   “Pier, pilaster, or column identification” signs horizontally centered on a pier, pilaster, or column. Such signs shall not exceed 12 square feet in area, with a maximum height of four feet and a maximum width of three feet; provided, that a visible border of the wall of not less than six inches shall be maintained at all edges of the sign-encompassing rectangle;
         (c)   “Entablature identification signs” on the frieze of an entablature, with a maximum height of 12 inches; provided, that a visible border of not less than three inches between letters and top and bottom edges of sign-encompassing rectangle, that a visible border of the frieze of not less than six inches shall be maintained at each of the side edges of the sign encompassing rectangle, and that no decorative elements of the entablature shall be covered by the sign;
         (d)   “Upper wall sign” not exceeding 25 square feet in area, with a maximum height of three feet; provided, that a visible border of the wall of not less than 12 inches shall be maintained at each of the top and bottom edges of the sign-encompassing rectangle, that a visible border of the wall of not less than 16 inches shall be maintained at each of the side edges of the sign encompassing rectangle. Exception: when the building is setback more than 25 feet from the front property line, in order to allow equivalent visibility, the sign may increase its area to a maximum of 40 square feet if installed at a height of at least 20 feet above grade and with proportional increases in edging and border dimensions as indicated above and including the lettering, which may increase in size by one inch for every 30 feet beyond the first 25 feet;
         (e)   “Awning identification signs” on a front valance (skirt) of a permitted awning with lettering and/or a logo not exceeding eight inches in height adhering to the letter requirements set forth in § 151.130(C); provided, that a visible border of the front valance (skirt) of not less than three inches shall be maintained at all edges of the sign-encompassing rectangle. Exception: an awning sign may increase letter, graphics, or logo size by one inch for every 30 feet beyond the first 25 feet from the property line;
         (f)   “Canopy identification signs” on either, but not both, a front or the sides of a permitted canopy with lettering and/or a logo not exceeding eight inches in height adhering to the letter requirements set forth in § 151.130(C); provided, that a visible border of not less than three inches shall be maintained at all edges of the sign;
         (g)   A theater marquee with the following provisions:
            1.   A marquee sign shall not exceed one-half square foot for each foot of the horizontal dimension of the wall to which the marquee is attached; provided, that such total not exceed 100 square feet;
            2.   A marquee sign shall not extend beyond the horizontal or vertical limits of the marquee; or
            3.   The sign may be an “identification sign” and/or a “business sign” announcing the events conducted upon the premises. Note: in addition to a marquee, a theater may have one identification sign.
      (4)   Permitted incidental signs shall be as follows:
         (a)   One “incidental sign”, not exceeding two square feet in area, containing credit card and security information, hours of operation, and other like information on a window, entrance, door, or door recess area of the premises of a business or occupation;
         (b)   One “logo” as an accompaniment for, or in addition to, the principal identification sign. Such logo shall not exceed three square feet in size, nor shall it exceed 25% of the total size, nor of the total height of the accompanying identification sign;
         (c)   One menu board incidental sign, not exceeding three square feet in area, on or adjacent to an entrance door to a restaurant;
         (d)   “Interior display sign” or “window sign”, “illuminated or non-illuminated signs”, including “front-lit”, “back-lit letter”, exclusive of merchandise displays, installed behind a window and visible to vehicular and pedestrian traffic; provided, that the maximum letter size on such sign shall be six inches high and six inches wide; or
         (e)   “Incidental signs” not exceeding two square feet in area reasonably necessary to designate a parking lot or an entrance other than the principal entrance of a business or occupation conducted on the premises. Such signs may be wall signs or freestanding.
      (5)   Permitted temporary signs shall be as follows:
         (a)   Construction signs as specified in § 151.131(A)(3);
         (b)   Real estate signs as specified in § 151.131(A)(4); or
         (c)   Temporary product signs and signs announcing special sales or promotions, installed only on the inside of windows or doors, not exceeding more than 25% of the total available window area. Such signs must be removed no later than 60 days after erection.
   (B)   Prohibited signs. All signs, announcements, declarations, demonstrations, displays, or insignia, other than those specified in division (A) above, shall be prohibited, including the following signs which shall be expressly prohibited in any Residential or Business A:
      (1)   Roof signs (see also § 151.130(F)(4));
      (2)   Billboards including signs attached to a building or supported independently in the form of a board, panel, or table used for the display of posters, printed or painted advertising matter;
      (3)   Signs painted on the walls of buildings;
      (4)   Exposed neon signs, symbols, and logos installed on the exterior of building or behind a window or door on the interior and visible to pedestrian traffic;
      (5)   Full back-lit signs, except as theater identification sign or marquee;
      (6)   Projecting yard and street signs suspended from a stem or building overhang and extending perpendicular to a face of a building;
      (7)   Freestanding signs, except as permitted in § 151.126(A)(3) and (A)(6), and division (A)(2)(d) above, with the exception that pylon signs, pole signs, and ground signs are expressly forbidden;
      (8)   Flashing signs and signs incorporating movement or the illusion of movement, including lighted electronic information displays such as, but not limited to, electronic message centers and time and temperature units which periodically change information;
      (9)   Advertising signs, political signs, or handbills, posters, or notices of any kind, political or otherwise, in or upon any curbstone, lamp post, telephone pole, electric light or power pole, hydrant, public drinking fountain, public trash container, courtesy bench, tree, or any portion of any public sidewalk, street, or sign;
      (10)   Flags, banners or streamers used for celebrations, are permitted if approved by the Mayor. National, state, and municipal flags are permitted unless excessive size and/or height is utilized for advertising or business promotion, in which case they are strictly forbidden;
      (11)   Mobile signs;
      (12)   Signs, including support structures, which interfere with fire force. No sign shall be constructed, maintained, or erected in any way that will interfere with the proper and convenient protection of property by the Fire Department or with public safety or convenience;
      (13)   Signs, including support structures, obstructing traffic visibility or which may interfere with vehicular or pedestrian safety. No sign of any kind shall be erected in such a manner as to obstruct the line of sight of traffic or traffic lights at intersections;
      (14)   Radios, phonographs, tape recorders, whistles, bells, gongs, sirens, or other sound or noise- making devices in connection with signs or used separately for advertising purposes;
      (15)   Off-premises signs;
      (16)   Abandoned signs which no longer identify a bona fide business, lessor, service, owner, product, or activity, or for which no legal owner can be found;
      (17)   Searchlights used for advertising purposes;
      (18)   Balloon signs;
      (19)   Signs determined by the Building Commissioner to be unsafe or insecure;
      (20)   Signs containing words, phrases, symbols, or characters, such as “stop” or “danger”, which might mislead, interfere with, or confuse traffic; or
      (21)   Signs or advertising containing obscene material when considered by the standards of the community.
(2000 Code, § 151.127) (Ord. O-4-96, passed 3-25-1996; Ord. O-9-98, passed 1-12-1998)
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