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(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)
(A) Within the Industrial A District as indicated on the building zone map, the following signs shall be permitted subject to the provisions of this chapter and in conformance with requirements of the State Basic Building Code.
(B) Signs as regulated in Business A Districts as indicated on the building zone map with the following exceptions.
(1) A wall sign shall not exceed one-half square foot for each foot of horizontal dimension of the wall to which the sign is attached; provided, that such total not exceed 50 square feet. A wall sign shall be erected only on the exterior of a building extending a maximum of 18 inches outward from its face and not beyond the horizontal limits of such wall and not above the parapet or eaves of the roof.
(2) Freestanding signs erected on or supported by the ground are permitted when pertaining to the business or occupation conducted on the premises and when the freestanding sign does not project beyond a property line of the premises. Such sign shall have a total sign surface area (in square feet) per establishment no greater than two times the street frontage of the lot (in feet), but in no case greater than 50 square feet in area and shall not exceed 40 feet in height above grade.
(3) Projecting yard signs are permitted provided they are no more than 40 square feet in area and provided such signs do not extend beyond a property line of the premises.
(4) A roof sign is permitted in Industrial District A. Such sign shall not exceed an area of two square feet for each foot of the horizontal dimension of the wall or roof to which the sign is attached, plus three square feet for each foot by which the vertical dimension between the bottom of the sign and the ground or sidewalk elevation below the sign exceeds 50 feet, may extend above the top of the wall to which it is attached.
(5) Signs painted on smokestacks are permitted.
(2000 Code, § 151.128) (Ord. O-4-96, passed 3-25-1996)
Within the Historic District as indicated on the building zone map, signs as specified in §§ 151.126 and 151.127 shall be permitted, subject to all provisions of this chapter and in conformance with requirements of the State Basic Building Code. In addition, permitted signs shall be of material and style harmonious with any landmark structure to which they are attached. Signs within historic districts or attached to historic structures require a certificate of appropriateness.
(2000 Code, § 151.129) (Ord. O-4-96, passed 3-25-1996)
All signs, including support structures, shall be constructed of approved materials as hereinafter prescribed and no sign shall be constructed or erected until after the construction, support, and bracing have been approved by the Building Commissioner as complying with this chapter and the State Basic Building Code.
(A) Construction materials.
(1) All signs, exclusive of awnings, shall be constructed of wood, metal, glass, tile, terra cotta, and/or plastic; provided, that the visible surfaces shall have a matte finish, that is, non-glossy and non- reflective. If paint, varnish, or lacquer is applied to a sign as a final finish, the paint, varnish, or lacquer shall have a flat or low gloss finish; and
(2) Awning and canopy construction, see § 151.088.
(B) Color. Color choices for all signs, exclusive of awnings (see § 151.088), shall be guided by colors selected from collections of colors found in the Village Color Guidelines which are on file and available for inspection at the Col. Donald L. Shanks Municipal Building. Additional approved colors include:
(1) White or gold for a field (background) color or lettering and graphics color;
(2) Black for lettering, graphics, and border color only; and
(3) Established, standard corporate logo colors.
(C) Lettering. Lettering, graphics, and/or logos shall comply with the following provisions:
(1) A sign having an area of 12 square feet or greater shall have a letter, graphics, or logo height and width not exceeding 12 inches, except a sign greater than 25 square feet which may increase letter, graphics, or logo size by one inch for every 30 feet beyond the first 25 feet from the property line;
(2) A sign having an area of less than 12 square feet shall have a letter, graphics, or logo height and width not exceeding six inches;
(3) Letter type faces shall be selected from or be similar to collection of type face styles which are on file and available for inspection at the Col. Donald L. Shanks Municipal Building (see Appendix D);
(4) In any one sign there shall be permitted a maximum of three different lettering sizes and a maximum of two different type face styles; and
(5) Any logo or extra graphics shall either be incorporated into the lettering or made a part of a single sign with treatment similar to and harmonious with the type face style of the lettering.
(1) Front lighting using incandescent bulbs, with each bulb mounted in a separate reflector in such manner that the bulb is invisible. One bulb lamp unit shall be permitted per four linear feet of a sign, and a bulb shall not exceed 150 watts. Each bulb lamp unit shall be mounted on a stem and shall be not more than three feet from the sign surface. Front lighting of awning signs shall not be permitted;
(2) Back-lit letter identification signs, including awning signs, in which only letters, numbers, logos, graphics, or other identifying symbols may be illuminated. One 40-watt fluorescent bulb shall be permitted per 12 inches of a sign in side-by-side relation being a minimum six inches between the lengthwise centerline of a bulb and an interior edge/wall of sign encasement which is parallel to the bulb’s centerline (excluding the sign faces which are to be illuminated). The sign background shall be opaque;
(3) Silhouette identification signs, exclusive of awning signs. The light sources shall be invisible and shall be of the single luminous tube type following the shapes of the letters and not the outlines thereof; and
(4) Awning and canopy illumination, see § 151.088.
(E) Size of sign area. Sign sizes shall be determined as follows.
(1) When a sign has its message within a background which borders or frames that message, the sign area shall be the total area of the background excluding any border or frame, if the border or frame conforms with “standards of design”.
(2) When a sign’s letters are applied directly to a wall, entablature, or facade surface without a background which provides a border or frame, the sign area shall be the total area of the smallest rectangle or combination of rectangles which encompasses all elements of the sign message.
(3) Awning and canopy sign size, see § 151.088.
(F) Sign depth and height.
(1) A wall sign may extend over any street, sidewalk, or other thoroughfare, a distance not to exceed three inches measured perpendicular to the wall;
(2) Around ornamental features of building; a wall sign may be inclined from the vertical only to an extent necessary for conformity to the general contour of the walls around projections or ornamental features; provided, that no part of such sign, except the thickness thereof, shall extend beyond the lines of the projection in any direction;
(3) Against bays; wall signs erected against bays shall follow the general contour thereof;
(4) Projection above wall into line of roof; no wall sign shall project above the top of the wall to which it is attached; or
(5) No sign shall be mounted on a roof except in Industrial A District where the restrictions in § 151.128 apply.
(2000 Code, § 151.130) (Ord. O-4-96, passed 3-25-1996; Ord. O-10-98, passed 1-12-1998) Penalty, see § 151.999
(A) A temporary sign may include the following:
(1) Decorations and banners. Decorations and banners for the promotion of civic, welfare, or charitable enterprises erected for a stated period of time and which shall be removed within 24 hours after the expiration of that time may be authorized by the Mayor;
(2) Advertising signs. Advertising signs within store window subject to requirements in § 151.127.
(3) Construction signs. Construction signs advertising the identity of a construction company, repair company, landscaper, architect, or other entity are specifically not permitted in any yard. Contractors performing work for which a building permit has been secured, are required to erect a 12-inch wide by 8-inch double faced sign painted white with six-inch black machine letters denoting the address of the property. Such sign shall be placed five feet inside the property for the purpose of directing delivery trucks to the property in an expeditious fashion. Address sign shall be promptly removed at the conclusion of construction.
(4) Real estate signs. Non-illuminated signs advertising the sale, rental, or lease of the premises on which the sign is located. Not more than one such sign shall be permitted for each lot or lots or structure. These signs shall not exceed six square feet in area. Exception: real estate signs for commercial leasing in Business District A may have one sign not to exceed 25 square feet. No real estate sign shall be placed nearer to the street line than 15 feet; and
(5) Temporary signs for public uses. Any sign used for public demonstrations or announcements, or for the promotion of civic welfare or charitable or educational enterprises erected for a stated period of time and which shall be removed within 24 hours after the expiration of that time may be authorized by the Mayor and a special permit issued by and erection under the supervision of the Building Commissioner.
(B) The erection of a temporary sign is subject to the following conditions.
(1) All temporary signs, except for sign designated in division (A)(1) above, shall be located on the private property to which they refer.
(2) If erected in a front yard, such temporary signs shall be set back midway between building and pavement or street and shall be located on private property. No temporary sign shall extend into the right-of-way of any street, sidewalk, alley, or other thoroughfare, except for a sign permitted as a decoration or banner set forth in division (A)(1) above.
(2000 Code, § 151.131) (Ord. O-4-96, passed 3-25-1996; Ord. O-12-06, passed 12-26-2006)
(A) In any residential district, Business A District, and Industrial A District, any legal sign erected before the effective date of this subchapter (March 25, 1996) may be retained; provided, that such sign is in conformity with the structural standards imposed by this subchapter, that such sign is maintained in good repair and condition as determined by the Building Commissioner; and provided further, that the burden of proof of legal status shall be upon the owner of the sign.
(B) In any residential district, Business A District, and Industrial A District, any legal nonconforming sign shall lose its legal nonconforming status and shall be brought into compliance with all requirements of this subchapter for a new sign upon occurrence of any one of the following:
(1) Alteration of the sign in whole or in part, in any way structurally, in size, or in the sign message, except that a nonconforming sign damaged by fire, wind, or earthquake, or other act of God may be restored to the original condition of the sign before such calamity; provided, that the damage to the sign is less than 65% of the original cost of the sign, at the date of the calamity. Nothing herein contained shall prevent the strengthening or restoration to a safe condition of a sign declared by the Building Commissioner to be unsafe;
(2) Relocation of the sign either on the same premises or on different premises;
(3) Replacement of a like nonconforming sign;
(4) Increase in the degree of illumination; or
(5) Repainting of a sign in colors different from the original colors and which are not in compliance with the requirements of this subchapter; provided, that nothing herein contained shall prevent the repainting or touching-up of a sign in its original colors.
(2000 Code, § 151.132) (Ord. O-4-96, passed 3-25-1996)
(A) Approval of new signs.
(1) A building permit issued by the Building Commissioner shall be required for all new signs proposed to be installed within any district. A permit is not required for signs permitted under § 151.126(A)(1) through (A)(6). In addition, a certificate of appropriateness issued by the Architectural Review Board shall be required prior to construction, alteration, restoration, or erection of all signs in the Historic District or signs for landmark structures located outside of the Historic District. The certificate of appropriateness shall be requested prior to an appeal, if necessary, to the Planning Commission because of a denial of the Building Commissioner for a building permit.
(2) An application for a building permit shall be accompanied by a color sketch of each proposed sign or awning as it would appear on the facade or surface to which it is to be attached, and color photographs of the existing facade and immediately adjacent facades.
(3) The Building Commissioner shall find as a condition to approval that each proposed sign or awning conforms to the provisions of this chapter.
(B) Relocating signs.
(1) A permit to relocate a sign shall be issued by the Building Commissioner only if the sign complies or is altered to comply with all requirements of this subchapter for new signs and in the case of a historic structure, a certificate of appropriateness has been issued.
(2) The face of any structure from which a sign, graphic, or logo is removed for any reason shall be restored to remove any scars or other visible evidence of the sign, graphic, or logo. Restoration shall be completed within 30 days after removal. Application for an extension of time may be made to the Building Commissioner accompanied by a showing of sufficient cause why restoration cannot be completed within the prescribed time.
(C) Appeal.
(1) Any appeals concerning decisions of the Building Commissioner regarding § 151.132 and this section shall be taken to the Planning Commission (see § 151.024). If involving a historic structure or located within a historic district, a certificate of appropriateness shall be requested prior to the appeal to Planning Commission.
(2) Appeals for all Architectural Review Board decisions regarding certificate of appropriateness for signage proposed for structures and property within the Historic District or involving historic structures shall be taken to the Village Council (see § 151.025(C)).
(2000 Code, § 151.133) (Ord. O-4-96, passed 3-25-1996) Penalty, see § 151.999
(A) Whoever violates any provisions of this chapter, or fails to conform to any provision thereof, or fails to obey any lawful order of the Building Commissioner, issued in pursuance thereof, shall be guilty of a misdemeanor and shall be fined an amount not to exceed $500. A separate offense shall be deemed committed on each day that a violation occurs or continues.
(B) In addition to the penalties specified above, the following penalty shall apply to all designated historic districts and structures. Whoever proceeds with or completes demolition, alteration, reconstruction, enlarging, or remodeling within the Historic District(s) or of a landmark or proceeds with or completes demolition, alteration, construction, installation, or reconstruction of a sign or awning of a landmark structure or any structure located within the Historic District, without first obtaining a certificate of appropriateness in violation of this section, or fails to comply with the terms of a certificate of appropriateness after issuance thereof, shall be given 30 days, after a hearing duly conducted pursuant to § 151.021(E) within which to remedy such violation by obtaining a certificate of appropriateness or to comply with the terms of an issued certificate of appropriateness. Thereafter, the Architectural Review Board shall conduct an inspection of the structure involved and render a decision in the manner provided in § 151.025. If the Board determines that the violation or failure to comply has not been corrected, each day’s continuance of such violation or failure to comply, after notice has been sent by mail, shall constitute a separate offense subject to the fine above provided (see also Building Code Penalty § 1260: PM-106).
(2000 Code, § 151.024) (Ord. O-4-96, passed 3-25-1996)
(A) (1) This Appendix A shall be amended to reflect the fact that the parcels identified as Parcel Nos. 6927 and 6928 on the attached zoning map are hereby designated to be Business A zoning as opposed to Residence B zoning.
(2) Any plans for a business use on said parcels shall be subject to review and approval by the Village Architectural Review Board and the Village Planning Commission.
(3) The change of zoning from Residence B to Business A on the attached Appendix A shall remain in effect for five years from the date of passage of this ordinance if no applications for building permits are submitted during that period; however, if any building permits are applied for and approved during that five-year time period, the parcel shall remain as Business A. In the event no permits are issued for the construction of a building on these properties for a period of five years from the date of passage, said zoning for the parcels specified herein shall revert back to Residence B zoning and be subject to all of the terms and conditions of said Residence B zoning.
(4) This division (A) shall take effect at the earliest date allowed by law.
(B) (1) This Appendix A as amended by Ord. O-20-10, expiring on October 10, 2015, which set forth a change in zoning from Residence B to Business A zoning of two parcels of real estate located on Madisonville Road at Lane K in the village, shall be extended for a additional period of three years, expiring on October 10, 2018.
(2) Any plans for a business use on said parcels shall be subject to review and approval by the Village Architectural Review Board and the Village Planning Commission.
(3) Zoning from Residence B to Business A on the attached Appendix A shall remain in effect for an additional three years to October 10, 2018, if no applications for building permits are submitted during that period; however, if any building permits are applied for and approved during that time period, the parcel shall remain as Business A. In the event no permits are issued for the construction of a building on these properties during that time, said zoning for the parcels specified herein shall revert back to Residence B zoning and be subject to all of the terms and conditions of said Residence B zoning.
(4) This division (B) shall take effect at the earliest date allowed by law.
(Ord. O-20-10, passed 10-11-2010; Ord. O-19-13, passed 10-14-2013)
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