All signs shall comply with the corner vision clearance standards as provided for in § 178.190 Corner Vision Clearance Standards.
(A) Purpose. The purpose of this section is to encourage the effective use of signs as a means of communication in the village; to maintain the village's aesthetic environment by ensuring compatibility of signs with the area surrounding them; to encourage the use of signs appropriate to residential and commercial activities; to ensure the safety of vehicular and pedestrian traffic; and to encourage economic development within the village.
(B) Exempt signage: R-1, R-2, R-3, M-1, M-2, O-1, C-1, C-2, I-1, I-2. The following types of signs are exempted from the permit requirements of this chapter; however, they are still subject to the General Requirements set forth in division (D) below of this section unless otherwise provided.
(1) Public signs. Signs of a noncommercial nature and in the public interest, erected by or on the order of an official of the city, county or state acting in the performance of his duty, such as safety signs, danger signs, trespassing signs, traffic signs, and memorial plaques.
(2) Residential nameplate. A nameplate or wall sign which shall not exceed two square feet on any dwelling.
(3) Wall signs and sandwich boards.
(a) Permitted zoning districts:
1. C-1
2. C-2
3. O-1
(b) Sandwich boards can be eight square feet maximum.
(c) Sandwich boards and "A" frames must be located within 15 feet of the primary building entranceway.
(d) All sandwich boards and "A" frames must be removed at the end of the business day.
(C) Prohibited signs.
(1) General. All signs are prohibited unless they are expressly permitted.
(2) Rights-of way and utilities. Unless with Council approval, no sign shall be placed within the public right-of-way of any public street. Within the C-3 District, temporary signs are permitted in the right-of-way. Permanent signs within the C-3 District must be approved by Village Council.
(3) Obstruction of structural openings. No sign shall obstruct any window, door, fire escape, stairway, or any opening intended to provide air, egress or ingress for any building or structure.
(D) General requirements and restrictions: all zoning districts. Compliance with code regulations. All signs shall comply with the general rules, regulations, and requirements governing their placement, type, number, and size as outlined and contained in the provisions of this section.
(1) Obstruction of traffic signs; misleading or confusing signs. No sign or sign structure shall be erected at any location where it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. No rotating beam, beacon or flashing illumination resembling any emergency lights shall be used in connection with any sign display, nor shall any sign make use of the words "Stop," "Look," "Danger" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic. No sign shall emit any form of sound or sounds.
(2) Obstruction of visibility. No sign or sign structure shall be located or constructed within ten feet of any street right-of-way unless provided for otherwise in another section of this zoning code. No sign shall be located or constructed in such a manner as to materially impede the view of any street or highway intersection, or in such a manner as to materially impede the view of the intersection of a street or highway with a railroad crossing. No sign shall be designed and placed so as to confuse traffic information for pedestrians or drivers of motor vehicles. The determination of the reasonableness of the location of a sign or sign structure taking into account the above shall be made by the Village Administrator whose decision shall be subject to appeal as provided herein to the Board of Zoning Appeals. See also § 178.190 Corner Vision Clearance Standards.
(E) Illuminated signs.
(1) Shielding. The light from an illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness will not be reasonably objectionable as determined by the Planning Commission considering those affected nearby.
(2) Exposure. No exposed bulbs or fluorescent tubes, with the exception of neon lighting, shall be used on the exterior surface of any sign so as to directly expose the face of the bulb, light or tube to any public street or adjacent property.
(F) Permits, applications and fees.
(1) Permit required.
(a) All sign work. No sign shall be erected, altered or relocated without a permit issued by the Village Administrator except as otherwise provided herein.
(b) Breach of permit. When a sign permit has been issued, it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of said permit without prior approval of the Village Administrator.
(2) Permit applications. To obtain a permit for the purpose of erecting, constructing, altering or relocating a sign under the provisions of this section, an application shall be submitted to the Zoning Administrator which shall set forth in writing a complete description of the proposed sign including:
(a) General information. The name and address of the contractor or person responsible for the placement of the sign;
(b) Site plan. Two detailed site plan drawings indicating the placement, location, landscaping, and address of the sign;
(c) Elevation. Two scaled elevation drawings indicating the size of the sign and sign structure;
(d) Signature. Signature of the owner/tenant/sign company securing permit attesting to awareness and intent to comply with permit specifications; and
(e) Permit duration. Sign permit shall become null and void if the sign for which the permit was issued has not been completed and erected within a period of one year after the date of issuance of the permit.
(3) Fees. Fees for sign permits shall be fixed by ordinance by the Village Council and amended from time to time as necessary.
Example: initial sign fee: xxx(by size)] if no building permit. If building permit, permit must include sign designation or be considered new sign and separate permit required.
(4) Exceptions. The following operations shall not be considered as creating a sign, and, therefore, shall not require a sign permit:
(a) Replacing copy. The changing of the advertising copy or message on approved billboards, sandwich boards, theater marquees and similar approved signs which are specifically designed for the use of replaceable copy.
(b) Maintenance. Painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure unless a change is made to the supporting structure, cabinet, frame, or footing.
(G) Sign standards; R-1, R-2, R-3, R-4, M-1, M-2, and M-3 Residential Districts. No signs are permitted other than those specified as being exempt in division (B) above of this section or as temporary in division (O) below of this section or as permanent as provided herein. Any non-residential use, as listed below, permitted in their residential districts shall be permitted one sign not to exceed 50 square feet in area with a maximum height of six feet and a setback of ten feet from all property lines. Exempt and temporary signage may not exceed 50 square feet in area per sign face and may have a maximum of two sign faces.
(1) Schools (public & private);
(2) Places of worship;
(3) Museums;
(4) Community centers (50);
(5) Apartment complexes;
(6) Government;
(7) Emergency services;
(8) Funeral homes;
(9) Park and recreational areas;
(10) Golf courses.
(H) Low profile signs; O-1, C-1, C-2, I-1, I-2, and PO Districts.
(1) Quantity. One low-profile sign with two sign faces, as defined herein, is permitted for business identification purposes for each site not to exceed 200 square feet in area. Sites with less than 500 feet of frontage and two or more frontages on public or private through streets may be permitted one additional low-profile sign not exceeding 32 square feet. Sites with more than 500 feet of frontage on the same public or private through street may have two low-profile signs on one frontage not exceeding 32 square feet each, provided that there is 250 feet of separation between signs. In no instance shall any one site contain more than three low-profile signs. One pylon sign may be used in lieu of a permitted additional low-profile sign for sites with over 500 feet of frontage or five acres in size. Outlots are limited to one low profile sign. The PO District shall be limited to one low-profile sign not exceeding 100 square feet in area.
(2) Dimensions. A low-profile sign shall not exceed the following dimensions unless otherwise noted:
(a) Height. The maximum height shall be eight feet including the sign's base.
(b) Sign area. One-half square foot per lineal foot of frontage, not to exceed 200 square feet.
(3) Location.
(a) Rights-of-way. Signs shall be located not closer than ten feet from the street right-of-way and all property lines.
(b) On-premise. Signs shall be located on the property for which it identifies or promotes.
(4) Obstruction of vision. Site identification - Signs shall not block or interfere with site identification or traffic recognition.
(5) Corner vision clearance. Permanent commercial and industrial low-profile signs shall not be placed so as to interfere with the corner vision clearance. (See Corner Vision Clearance Standards, § 178.190.)
(6) Landscaping.
(a) Footprint. A landscaping area shall be provided around the low-profile sign equal to the square footage of one sign face.
(b) Type. The landscaping shall be at least 50% evergreen.
(7) Directional.
(a) Private traffic directional. Signs directing traffic movement onto a property zoned M-1, M-2, C-1, C-2, C-3, O-1, I-1, I-2 or within a premise shall not exceed four square feet in area for each sign, with a maximum height of three feet. Illumination of these signs shall be permitted in accordance with the provisions contained herein. Such signs placed within ten feet of any rights-of-way shall be limited to two square feet and a maximum height of two feet.
(b) Industrial directional. Signs directing traffic movement onto and within Industrial Zoning districts may measure five feet in height, 15 square feet in area, and at least 25 feet off the right-of-way.
(b) Institutional directional/way finding. Signs setting forth the name or any simple announcement/information for any medical facility, nursing home, financial institution, or public or private educational or religious institutions located entirely within the premises of that institution, up to an area of 24 square feet and not illuminated. If ground mounted, the top shall be no more than six feet above ground level and no closer than ten feet to any right-of-way.
(8) Exclusions. Developments that have a low-profile sign are not permitted to have a pylon sign.
(I) Pylon signs: C-1, C-2, I-1 and I-2 Districts.
(1) Quantity. One pylon sign as defined herein is permitted for business identification purposes. There shall not be more than one accessory sign per each site. The site must have public street frontage. Sites exceeding 1,000 feet of uninterrupted road frontage on a single street in C-2, I-1 and I-2 Districts may be permitted additional signage. If the site has continuous, uninterrupted street frontage of 1,000 feet or more, one additional freestanding sign shall be permitted per every 1,000 feet of additional right-of-way frontage for sites five acres or more. The additional signage shall only be permitted along the segment of the right-of-way frontage.
Example 1: Where commercial uses are located on the same site with common features, such as Planned Shopping Centers, Planned Business Centers, Shopping Malls, Multi-tenant retail centers, etc., all such businesses shall be supported by only one free standing sign per site.
(2) Location. A pylon sign must be located so that no portion of the sign or pylon lies within ten feet of the property line or the right-of-way of a public or private street.
(3) 
(a) Lots less than 100 feet of frontage. Lots with less than 100 lineal feet of frontage shall be limited to a maximum sign area of 50 square feet.
(b) Lots with 100 feet of frontage or more. Lots with more than 100 lineal feet of frontage shall be calculated at a rate of one-half square feet of sign for each lineal foot of frontage.
(4) Limits.
(a) Sign area. In no instance shall the area of a pylon sign exceed 200 square feet.
(b) Sign height. Signs shall not be higher than 30 feet in height.
CORNER VISION CLEARANCE
Street - Street
(5) Corner vision and clearance. Signs shall not have the bottom or embellishment of a sign less than eight feet above established grade. Example of embellishment includes sign skirting. In lieu of meeting the eight foot above grade, then § 178.190 Corner Vision Clearance Standards shall apply.
(J) Signs in Downtown District (C-3).
(1) The downtown is of unique character apart from the rest of the village. The buildings are taller and closer to each other; building fronts are typically on the front lot line, with business doors opening into the right of way; vehicular traffic volumes are higher than in other areas of the village, and drivers of all ability and ages are offered parking that is parallel between a curb line and moving traffic; and the numerous signalized intersections, parking options, pedestrians, and businesses create significantly more vehicular obstacles and turning movements per lineal foot than anywhere else in the community. As such, the placement of signage to support a thriving downtown is just as important to the community's safety as it is to identify business locations.
(2) Downtown poses inherent constraints on signage design. The signs are: closer to the street; offer shorter viewing distance/duration; more difficult to notice due to the proximity to the street and short building width, and the traffic speed relative to the more minimal street frontages mean that business owners will seek more unique signage than the typical pylon/box or monument style. The signage cannot impede the flow of pedestrian traffic, nor can it be placed at the curb line and impede driver visibility and maneuverability. Therefore, the following types of signage are permitted in C-3 Downtown Business District.
(a) Wall signs. All wall signs shall be permitted except:
1. Box Signs;
2. Interior illuminated panel signs or box signs with translucent acrylic faces.
(b) Projecting signs.
1. Six feet from curb face from the leading edge of the sign.
2. Ten foot clearance shall be provided between the baseline of any sign and the sidewalk.
3. No sign shall flash or blink. External illumination is preferred.
(c) Low profile and pylon signs.
1. Pylon signs are not recommended in the downtown district because they are oriented to vehicular traffic.
2. When buildings are set back on a lot in the downtown, a ground sign may be appropriate (although not preferred) when all of the following conditions are met:
a. Other alternative types of signs do not provide adequate identification;
b. Scale and location of ground sign complements buildings in adjacent properties
c. Integration into site landscaping so as not to create a site or visual obstruction.
(d) Sandwich board signs. The following rules and regulations pertain to sandwich boards and "A" frames:
1. Size. The maximum allowable size of the sandwich board sign is eight square feet when close together for storage.
2. Location. The sandwich boards must be located in front of the business that it is advertising. It may not impede in the required four-foot pathway between the curb and the allowable business area, if such exists. It is preferred that the sandwich board either be placed in line with the permanent street furniture (benches, light poles, trash receptacles) or adjacent to the business entryway.
3. Duration. Sandwich board signs must be taken inside at the close of business.
4. Number. One sandwich board is allowed per store front.
(K) Interstate high-rise signs (C-1, C-2, PMUD, I-1, I-2). One interstate high-rise sign is permitted per site. The sign must be within 1,500 feet of an interstate right-of-way. Interstate high rise signs are limited to 90 feet height and setbacks that measure at least one-half the height of the sign. The sign shall not exceed 300 square feet in area and not have more than four additional panels not exceeding 75 square feet each. To advertise additional tenants within the center, see division (L) below of this section for Electronic Message Center requirements pertaining to interstate high-rise signs.
(L) Electronic message centers - C-1, C-2, I-1, I-2. The following requirements shall prevail over Electronic Message Centers, as defined:
(1) Location.
(a) Shall only be placed on conforming accessory signs, or on interstate high-rise signs, where permitted and as defined.
(b) Shall not be permitted on any wall or fence.
ELECTRONIC MESSAGE BOARD
C-1, C-2, I-1, I-2 & University Overlay
(c) If an electronic message center is erected as part of any freestanding conforming accessory sign, the overall height of the sign structure shall not exceed 15 feet. Clearance requirements on corner lots shall still apply.
(d) Interstate high rise signs are exempt from division (L)(1)(c) above and are subject to requirements set forth in division (J) Interstate High Rise Signs.
(e) Electronic message centers shall be at least 300 feet from any residential district.
(f) Electronic message centers shall only be permitted in the C-1 Local Business, C-2 General Business, or University Overlay Districts, I-I Light Industrial and I-2 General Industrial and shall not be permitted in any other zoning district or overlay district.
(2) Size. Electronic Message Centers shall not exceed twenty-five percent (25%) of the total approved sign area.
(M) Roof signs - C-1, C-2, I-1, I-2. For the purposes of this zoning code, roof signs shall be considered as attached signs when determining the allowable square foot area and total square foot area of all permitted signs.
(1) Height. Roof signs cannot exceed the maximum building height allowable per district.
(2) Erection. Requirements for erection of a roof sign are as follows:
(a) No roof sign greater than 20 square feet shall be placed within five feet of the roof edge; however, if the sign is less than 20 square feet, it shall not be erected with the face thereof nearer than one foot to the outside wall toward which the sign faces.
(b) Roof signs can be maximum of 100 square feet in size.
(N) Subdivision entryway signage. Entrances to residential, commercial or industrial subdivisions may be identified by monument signage. Such signage shall not encroach into the requirements per § 178.190 Corner Vision Clearance Standards. The sign area shall not exceed 70 square feet in sign area. Signage shall be allowed on both sides of the major entry ways into the subdivision, each being no larger than 70 square feet in sign area.
(O) Temporary signs-no permit required; all zoning districts. Unless otherwise specified in this zoning code, temporary signs identified herein shall be permitted anywhere within the village and are not required to have a permit. Temporary signs for commercial uses and in commercial zoning districts shall not be permitted within ten feet of any street right-of-way. No temporary sign shall be placed so as to interfere with the corner vision clearance and must be placed on private property.
(1) Conditions for temporary signs not requiring sign permits.
(a) Corner clearance. Temporary signs shall not be placed so as to interfere with the corner vision clearance and may not be located within center medians.
(b) Private property. Signs shall not be displayed in rights-of-way, on utility poles, bridges, or other publicly owned and maintained land unless approved by Village Council or otherwise provided.
(2) Construction signs. One construction sign shall be permitted which may include the future tenant, architect, engineer, contractor, lending institution and other individuals or firms involved with the construction of a specific building or project. Sign must be on the active construction site. The following guidelines shall apply:
(a) Permitted zoning districts. Construction signs are permitted in all districts.
(b) Maximum size. Maximum size of 64 square feet per sign face.
(c) Maximum height. Not to exceed ten feet in height from grade.
(d) Location.
1. Setback. The minimum setback shall be no less than five feet from the property line.
2. On-premise. Construction signs shall be located on the site of the construction activity which it identifies
(e) Removal. Construction signs shall be promptly removed within ten days of the conclusion of the construction activity.
(3) Yard sale signs.
(a) Quantity. One yard or garage sale sign will be permitted for each property having a garage sale.
(b) Size. Signs shall not exceed eight square feet in size.
(c) Location.
1. Prohibited. Signs shall not be displayed in rights-of-way, on utility poles, or other publicly owned and maintained land.
2. Private property of others. Signs shall be on-premise unless owners of other private parcels agree to sign placement on their property. Example: corner lot owners.
(d) Duration. Signs must be removed after one week of placement, or immediately after the sale ends, whichever is earlier.
(4) Real estate signs in Residential Districts. On-premise real estate signs advertising the sale, rental or lease of property shall be permitted without a sign permit as follows:
(a) Quantity. One sign per street frontage.
(b) Size. Area shall not exceed eight square feet in size. Height shall not exceed four feet in height.
(c) Location. Real estate signs shall only be located on the property which is to be sold, leased or rented.
(d) Duration. Signs shall be removed within 14 days after the sale, lease or rental of the property.
(5) Real estate signs in all other districts. On-premise real estate signs within commercial and industrial districts shall be permitted without a sign permit so as to advertise the sale, rental or lease of commercial property as follows:
(a) Quantity. One sign per street frontage.
(b) Size.
1. Area shall not exceed 32 square feet in size.
2. Height shall not exceed six feet in height.
(c) Location. On-site. Shall be located on the property which is to be sold, leased or rented.
(d) Vision clearance. Shall not be placed so as to interfere with the corner vision clearance.
(e) Duration. Shall be removed within 14 days after the closing of the sale of the property.
(6) Sail sign banners and inflatable signs. Sail sign banners and inflatable signs are permitted subject to the following:
(a) Permitted zoning districts.
a. M-2 Multi-Family Residential;
b. O-1 Offices & Institutions;
c. C-1 Local Commercial;
d. C-2 General Commercial;
e. C-3 Downtown Commercial;
f. I-1 Light Industrial; and
g. 1-2 General Industrial.
(b) Location.
1. Setback. The minimum setback shall be no less than five feet from the property line
2. On-premise. Shall be located on the site where the activity or items for purchase are located.
(7) Political signs. Political campaign signs announcing candidates seeking public offices and other data pertinent thereto.
(a) Quantity. There is no limit to the number of political signs a private property may have.
(b) Size. Signs are limited to a total area of 32 square feet per sign (one side) and a maximum height of eight feet in size.
(c) Location.
1. Must be placed on private property.
2. Are not permitted in any public rights-of-way, such as tree lawns or at street intersections.
(d) Prohibited. No signs shall be attached to utility poles, fences, trees, or any public or private sign structure.
(8) Repair-remodel contractor signs.
(a) Quantity. One sign is permitted which identifies the contractor repairing or remodeling a structure.
(b) Size. Maximum of eight square feet, only during time of such repair or remodeling. No sign permit is required.
(P) Temporary signs - permit required. The following temporary signs may be permitted within the village and are required to have a permit.
(1) Temporary subdivision signs. Temporary subdivision signs are allowed by permit after a subdivision has received preliminary plat approval from the Planning Commission. The signs may only be used for subdivision identification and marketing purposes.
(a) Quantity. Subdivisions with more than one entrance from a public street may erect one temporary subdivision sign at each major entrance thereto.
(b) Size.
1. Height. The maximum height of a temporary subdivision sign shall be ten feet.
2. Area. The maximum size of a temporary subdivision sign shall be 64 square feet.
(c) Duration. Permits are valid for two years. Extensions may be granted at one-year intervals.
(2) Portable signs. Portable signs with message boards advertising special products or prizes or otherwise promoting business, industry or individuals are not permitted, except as follows:
(a) Must not be closer than 50 feet to any rights of way, or;
(b) Must be within ten feet of the primary building for which the advertisement is associated.
(c) Must have only a fixed message.
(Q) Off-premise signs - permit required. This division (Q) identifies two types of off premise signs. Static signs, typically papered with a single image and rented over a period of time, shall be referred to as “Billboards.” The other type is referred to as “Digital Boards,” which are light emitting diodes able to display multiple images. Both types are freestanding non-accessory signs offered as advertisements rather than used for site identification. In no instance shall an off premise sign be permitted for use as any other type of sign, including on-premise identification. Off-premise signs are permitted in the following districts: C-1 Local Business District; C-2 General Business District; C-3 Downtown Business District; I-1 Light Industrial District, and; I-2 General Industrial District.
(1) Non-digital billboards.
(a) Maximum size and faces. Shall not exceed 300 square feet per sign face nor contain more than four sign faces on any single structure.
(b) Setbacks.
1. Front yard - 25 feet.
2. Side yard - ten feet.
3. Rear yard - thirty feet.
(c) Prohibited districts. Are prohibited in any PMUD Planned Mixed Use Development, or PRD Planned Residential Development.
(d) Required distance between billboard signs. Locations for off premise signs shall be spaced no closer than 500 feet apart on either side of a street right-of-way.
(e) Distance from residential districts. Off-premise signs shall not be placed within 300 feet of a residential zoning district; provided, however that distance may be reduced to 125 feet for off-premise signs that are non-illuminated and do not exceed 30 feet in height.
(f) Thoroughfare exemption. The distance standard shall not apply to a residential district on the opposite site of a major thoroughfare.
(g) Maximum height. The maximum height shall be 40 feet.
(h) Maintenance. Off-premise signs must be maintained properly.
(i) Conversion to digital billboard.
1. If converting one non-digital billboard into one digital billboard, the distance between that billboard and another digital billboard must be 1,000 feet on the same side of the roadway and 500 feet from another non-digital billboard on the same side of the roadway.
2. If converting two or more non-digital billboards into one digital billboard, the distance from another billboards may be within 500 feet on the same side of the roadway.
(2) Digital billboards.
(a) Animation. May not display images that include animated, flashing, scrolling, intermittent or full-motion video elements.
(b) Fixed message. Each message or copy shall remain fixed for at least eight seconds and the transition between images must be accomplished in no more than two seconds.
(c) Maximum height. The maximum height shall be 40 inches but may be subject to exception when in proximity to residential areas.
(d) Setbacks.
1. Front yard - 25 feet.
2. Side yard - ten feet.
3. Rear yard - 30 feet.
(e) Proximity to Residential Districts and uses.
1. Digital billboards shall not be placed within 300 feet of a residential zoning district with the following exception; digital billboards may be as close as 125 feet so long as the direction angle for a digital billboard sign face must be 300 feet from a residential district. Digital billboards may be illuminated to a maximum level of 0.3 foot-candles as measured at vertical distance of 250 feet or to the Residential District or use during nighttime hours, or 0.24-foot candles as measured at a vertical distance of 250 feet or to the Residential District or use during daytime hours.
2. Dual digital billboards may exist where they share the same structure and are placed back-to-back or at an angle that is away from residential districts. In no instance shall a dual digital billboard be designed with a back-to-back placement that measures greater than 90 degrees from the back and facing a roadway.
(f) Size. Digital billboards shall be no larger than one 300 square foot single faced panel. A single billboard can be affixed to the back side of a digital billboard provided it does not exceed the dimensions of the digital billboard, dual digital billboard.
(g) Distance between digital billboards.
1. Digital billboards or non-digital billboards shall not be placed within 1,000 feet of another digital billboard or non-digital billboard on either side of a roadway.
2. Digital billboards shall not be placed within 500 feet of another non-digital billboard on either side of a roadway.
(h) Sign default message. Such advertising devices shall contain a default design that will freeze the device in one position if a malfunction occurs.
(i) Conforming signs. Digital billboards may only be utilized on new signs or existing signs that are able to conform with the requirements as set forth in this section for off-premise signs.
(j) Interference with public safety. Digital billboards giving public information such as, but not limited to, time, date, temperature, weather, or other similar information, and commercial digital billboards which function in the same manner as multiple message signs are permitted, provided such signs do not interfere with traffic safety and do not resemble or simulate traffic control or safety devices or signs.
(k) Public safety. No off-premise sign shall be located within 40 feet of a traffic signal so that when illuminated it interferes with the effectiveness of or obscures an official traffic sign, device or signal.
(l) Maintenance. Digital billboards must be maintained properly.
(R) Awnings and banners.
(1) Awnings.
(a) Height of awnings. No person shall suspend or maintain over any public street, alley, sidewalk or public way within the corporate limits of the village any awning or any attachments or appendages at a height of less than six feet eight inches above the sidewalk or ground level, except that any rigid, permanently attached awning shall not be suspended or maintained less than seven feet six inches above the sidewalk or ground level. No awning projecting from a building or structure shall project beyond a point within three feet of a line drawn perpendicularly upward from the curb line.
(b) Maintenance of Canopies, Marquees, and Awnings. Canopies, marquees and awnings shall be maintained and kept in good order.
(2) Temporary banners over public right-of-way. The Village Administrator is authorized to grant permission to religious, charitable and nonprofit organizations to hang banners across Main Street within the village subject to the following terms, conditions and requirements (see 909.03 City General Offenses Code):
(a) Location. Banners must be placed beyond ten feet of the setback. The placement of banners shall be at a location approved by the Village Administrator in cooperation with applicable approving authority (Planning Commission and/or ODOT).
(b) Duration. Banners may be hung for a duration of a 30-day limit. Prior permission shall be secured from the public utility owning the poles to which the banner is to be attached. Banners that need to hang for greater than 30 days must seek re-approval.
(c) Examples. The following are all examples of banners:
1. Stick signs;
2. Signs on private light poles and posts;
3. Signs on fences.
(3) Violations. See division (U) below of this section.
(S) Other signs.
(1) Non-conforming signs. Any sign lawfully existing on the effective date of this zoning code which does not conform to all the standards and regulations of the current zoning code shall be deemed to be nonconforming. It is the intent of this zoning code to amortize nonconforming signs as they are replaced for any reason. Only the replacement of sign face panels shall be permitted. The following rules govern nonconforming signs during the period in which they exist prior to their replacement:
(a) Irreplaceable. A nonconforming sign shall not be replaced by another nonconforming sign for any reason, including but not limited to fire, accidents, or weather-related incidents.
(b) Re-facing permitted. The substitution or interchanging of faces on nonconforming signs shall be permitted.
(c) Structural modification prohibited. No change is permitted in the basic structural supports or members, footing, cabinetry or anchoring of a nonconforming sign.
(2) Illegal signs. Any sign which is contrary to the requirements of this section, and which is not a nonconforming sign, shall be deemed to be an illegal sign. Signs which were illegally erected, established, or maintained with respect to applicable requirements of this chapter shall be removed or brought into compliance with these regulations.
(a) Identification. The Village Administrator shall determine whether an illegal sign constitutes a public nuisance or not. Those determined to be a public nuisance and/or endanger the public safety, such as a sign which has been abandoned, is illegal, is dangerous, or is materially, electrically, or structurally defective shall be cause for immediate removal without prior notification to the property-owner.
(b) Issue violation. To cause removal of any illegal sign on private property, the Village Administrator shall first prepare and serve upon the owner of the sign or property a notice which describes the sign and specifies the violation involved.
(c) Period for removal. The period for removal of illegal signs shall be determined by the Village Administrator, but generally shall be:
1. Temporary signs - One day.
2. Permanent signs - 30 days or less if the situation is deemed warranted by the Village Administrator due to the situation or urgency.
(d) Encroachment. Upon finding a sign or any portion thereof in the public right-of-way, the Village Administrator shall immediately cause for removal of the sign unless otherwise permitted in this zoning code.
(e) Fees. Village Council may establish a fee to store all seized signage. The sign may be stored for a period of up to two months from the date in which it was confiscated. After a period of two months the sign will be discarded.
(3) Abandoned signs and removal.
(a) Cause for removal. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises.
(b) Removal period. Owners of abandoned signs have 30 days to remove the violation after the Village Administrator issues a written citation indicating a sign has been abandoned.
(c) Citation. If the owner or lessee fails to remove the violation, the Village Administrator shall give notice to remove it.
(d) Removal at owner's cost. Upon failure to comply with this notice, the Village Administrator or his duly authorized representative may remove the sign at the cost of the owner.
(e) Exception. Where a successor to a defunct business agrees to maintain the sign structure as provided in this section, this removal requirement shall not apply.
(T) Interpretation. Where there is any ambiguity or dispute concerning the interpretation of this chapter, the decision of the Village Administrator shall prevail subject to appeal as provided herein.
(V) Right of appeal. Any person aggrieved by any decision or order of the Village Administrator may appeal to the Board of Zoning Appeals. The Village Administrator shall take no further action on the matter pending the Board's decision, except for unsafe signs which present an immediate and serious danger to the public, as provided elsewhere in this chapter.
(Ord. O-2019-24, passed 9-9-2019)