A. The language in this Agreement shall be interpreted in accordance with the following rules of construction: (a) The word "may" is permissive and the word "shall" is mandatory; and (b) except where the context reveals the contrary: The singular includes the plural and the plural includes the singular, and the masculine gender includes the feminine and neuter.
B. Whenever in this Chapter the following words and phrases have been used, they shall, for the purposes of this Chapter, have the meanings respectively ascribed to them in this Section, except when the context otherwise indicates.
ABANDONED SIGN. A sign, the face of which has no message displayed or illustrated thereon and which has remained in such condition or status for a period of six (6) consecutive months.
ACTION SIGN. Any sign containing movement of the sign body or any segment thereof in a manner such as rotating, revolving, moving up or down or any other type of action involving a change of the position or the intensity of the light or in the message or the sign body or segment thereof, whether caused by mechanical or any other means. An illuminated sign which indicates time or temperature or alternately indicates the time and temperature shall not, for that reason alone, be considered an action sign.
AD-BENCH. A structure installed in a public place for the seating use and comfort of the public upon which advertising is displayed.
ADVERTISING SIGN. A sign (which may be a billboard or general outdoor advertising device) which advertises or directs attention to a business, commodity, service or activity conducted, sold of offered elsewhere than on the same lot or within the same building upon which the sign is located.
ANIMATED SIGN. A sign using the movement of any light used in connection with it such as blinking, traveling, flaring or the changing of the degree of intensity of the light.
AWNING. Any hood or roof-like cover made of cloth, plastic, metal or other approved material with metal frames attached to a building and extending over a deck or the exterior of a door or window as a shelter or shield, and which may be so erected as to permit its retraction when not in use.
AWNING SIGN. A sign affixed to an awning by any means, including but not limited to painting.
BANNER or FLAG. A temporary sign consisting of a piece of cloth or plastic often attached to a staff or to a string or rope, singly or with other similar such temporary signs which may together form a streamer, which temporary sign may have definite colors, patterns, or symbols to attract attention as advertisement for outdoor display but shall not include any banner or flag used as a national, state or Village symbol.
BILLBOARD. A freestanding outdoor sign having a face exceeding 2,000 square feet, the bottom of which face is at least fifteen (15) feet above grade and the top of which face is not more than eighty-five (85) feet above grade.
BUILDING CODE. The Building Code of the Village, being Chapter 9 of the Municipal Code of the Village of Mettawa of 2001, as amended.
BUILDING LEASING SIGN. A temporary sign erected as an identification sign indicating the availability of space in a building upon the lot whereon such sign is located.
BULLETIN BOARD. A sign utilizing changeable message for the purpose of notification to the general public of an event or occurrence, temporary in nature, and of public interest, such as a religious service, civic meeting, or other similar event.
CANOPY. A high covering or other roof-like covering or overhanging shelter fastened on and supported by poles, pillars, or other vertical supports and extending over a deck, walkway, driveway or vehicular parking area.
CANOPY SIGN. A sign attached to a canopy.
DIRECTOR OF BUILDING AND ZONING or BUILDING ADMINISTRATOR. The Director of Building and Zoning of the Village.
EXEMPT SIGN. A sign regulated by and designated in Section 10.305 for which a building permit is not required.
FACE or FACING. The surface of a sign upon, against or through which the message is displayed or illustrated.
FLASHING SIGN. An illuminated sign in which, during the period of its operation, such illumination is not kept stationary or constant in intensity and/or color at all times. An illuminated sign which alternately indicates the time and temperature shall not, for that reason alone, be considered to be a flashing sign.
FREESTANDING SIGN. A sign no part of which is attached to any part of any building or any other sign but which is supported by one or more pylons, columns, uprights, poles, or braces finely affixed to the ground, which pylons, columns, uprights, poles, or braces extend from the ground or from an object on or in the ground.
GARAGE SALE SIGN. A temporary sign which directs traffic to real estate upon which a garage sale, basement sale, household sale, yard sale, attic sale, rummage sale, estate sale or other similar occasional sale is being conducted on an infrequent and unscheduled basis from residentially zoned premises - provided the conditions stated in the Zoning Ordinance are met. The term 'garage sale' shall not include bulk sales, the sale of multiple new items of the same description, and the sale of consigned merchandise; nor shall said sale include the sale of junk or antique items as a business activity by a person involved therein as a junk or antique dealer.
GENERAL CONTRACTOR/ARCHITECT SIGN. A temporary sign erected on a lot, indicating information concerning the general contractor responsible for the work on said lot and/or the architect responsible for the plans therefor. For purposes of this definition, GENERAL CONTRACTOR shall mean any person, firm or corporation engaged in the business of constructing, enlarging, altering, removing or remodeling any structure by furnishing labor, materials and/or methods necessary to accomplish a given result, and who retains for himself the control of the means, method and manner of accomplishing this desired result; and ARCHITECT shall mean any architect, including any landscape architect, licensed to practice architecture in the State of Illinois. For the purpose of this Chapter, a GENERAL CONTRACTOR/ARCHITECT SIGN shall not be construed to be a REAL ESTATE SIGN as defined herein.
GRADE. The average elevation of the ground surface of a lot, in its natural state, measured at the location of the proposed corners of the proposed structure, with the understanding that additional measurements taken at one hundred (100) foot intervals between the lower corner and the higher corner shall also be included in establishing the average elevation.
GROSS SURFACE AREA. The entire area within a single continuous perimeter enclosing the extreme outer limits of each face of a sign but in no case passing through or between any adjacent elements of such sign. Such perimeter shall not include any structural elements lying outside the limits of the face of such sign and not forming an integral part of the display. Both sides of double-faced signs shall be used in this computation.
GUIDE SIGN. A sign used exclusively to show destination, corrections, distances, points of interest and/or other geographical or cultural information.
H, OFFICE/HOTEL DISTRICT. The H, Office/Hotel District as set forth in Article 15 of the Zoning Ordinance.
HOME LOCATION SIGN. A temporary sign indicating the location of a residential property for a social, charitable, or other event.
IDENTIFICATION SIGN. A freestanding sign or monument sign which contains a message identifying the tenants, managers and/or owners of a building located on the same lot.
ILLEGAL NONCONFORMING SIGN. A sign governed by the regulations of this Chapter which, at the passage of this Chapter, was in violation of any of the laws of the Village governing the erection or construction of such sign at the time of its erection, and which sign has never been erected or displayed in conformance with all such laws, including this Chapter, and which shall include signs which are pasted, nailed, and painted on, or otherwise unlawfully displayed upon any utility pole, tree, fence or other structure.
ILLEGAL SIGN or PROHIBITED SIGN. A sign prohibited by the regulations of this Chapter, whether because of its type or location, including illegal nonconforming signs; or a sign otherwise declared illegal by the regulations contained in this Chapter, including signs which are pasted, nailed, and painted on, or otherwise unlawfully displayed upon utility poles, trees, fences or other structures.
ILLUMINATED SIGN. A sign which has characters, letters, figures, designs or outlines illuminated from within or without by electric lights, luminous tubes or any other means of illumination.
LEGAL NONCONFORMING SIGN. A sign which was lawfully erected and maintained prior to November 16, 2004, being the date of the enactment of the comprehensive amendment of this Chapter and any amendments thereto, which has not been abandoned and which does not conform to all the applicable regulations and restrictions of this Chapter and with respect to which the amortization period has not expired.
LOT. A portion of platted land measured, set apart, and subdivided as a distinct parcel having its principal frontage upon a street and created and delineated upon a plat of subdivision or resubdivision and so recorded by the Recorder of Deeds of Lake County, Illinois:
a. Before July 28, 1980; or
b. Which, although not meeting all of the bulk regulations of the zoning district within which it is located, has never been in contiguous ownership after July 28, 1980; or
c. Which meets all of the bulk regulations of the zoning district within which it is located.
MARQUEE. A permanent, fixed hood or canopy supported solely by the building to which it is attached and extending over a public thoroughfare, usually made of metal and glass, and projecting over an entrance to the building to which it is attached.
MARQUEE SIGN. A sign attached to or constructed in or on a marquee and usually placed over the entrance to a theater or arena, the face of which sign displays the names of featured attractions and/or principal performers.
MESSAGE. The communication presented by a sign, whether by use of letters, symbols, logos, or pictures, or a combination thereof.
MOBILE SIGN. A sign attached to a movable vehicle or carried by a person or vehicle.
MONUMENT SIGN or GROUND BASE SIGN. A free-standing sign which is mounted to or part of a permanent, independent base not exceeding one and one-half (1.5) feet in height, is permanently affixed in the ground, and is designed as an integral part of that sign.
OPEN HOUSE SIGN. A temporary sign which directs traffic to real estate upon which there is located any dwelling for sale by any person, firm, corporation or joint owners being advertised for sale, rental, lease or management provided the conditions stated in this Chapter are met.
PERMANENT. Intended to last indefinitely without change and to continue in the same state or same place.
PETITIONER. A person, firm, or corporation who seeks a variation from the provisions of this Section.
POLITICAL SIGN. A temporary sign directing attention to the candidacy of a person for public office or urging action on any other ballot issue in a primary, general or special election or referendum.
PORTABLE SIGN. A sign not permanently anchored or secured to either a building or the ground.
PRESIDENT AND BOARD OF TRUSTEES. The President and Board of Trustees of the Village.
PROJECT SIGN. Identifying a development of three or more lots, a temporary sign, whether a freestanding sign or a monument sign, erected by an owner or developer upon land for which a subdivision has been approved, which may contain information regarding the development as well as information which may be provided on a general contractor/architect sign.
PROJECTING SIGN. Any sign which is affixed to any building or other structure, any part of which sign projects outward from such building or other structure more than three (3) feet.
R-1 SINGLE FAMILY RESIDENCE DISTRICT. The R-1 Single Family Residence District as set forth in Article 12 of the Zoning Ordinance.
R-2 SINGLE FAMILY RESIDENTIAL DISTRICT. The R-2 Single Family Residence District as set forth in Article 13 of the Zoning Ordinance.
READER BOARD SIGN. Any advertising structure having changeable message for the purpose of advertising special events, sales, or any other matter.
REAL ESTATE SIGN. A temporary sign indicating the availability for sale or rent of the specific lot, building, or portion of a building upon which lot or building the sign is erected or displayed.
RESIDENTIAL DISTRICTS. The R-1 Single Family Residence District and the R-2 Single Family Residential District.
ROOF SIGN. Any sign erected, constructed or maintained on or above the roof of any building.
O-R PLANNED OFFICE/ RESEARCH DISTRICT. The O-R Planned Office/Research District as set forth in Article 14 of the Zoning Ordinance.
RESIDENTIAL DISTRICT OR RESIDENTIAL PROPERTY. Any area of the Village denoted upon the Zoning Map as lying within the R-1 Single Family Residence District or the R-2 Single Family Residence District.
SIGN. Any structure or natural object, or part thereof, or device attached thereto, or painted or represented thereon, which may be designated or used to attract the attention to any object, subject, product, place, merchandise, activity, person, institution, organization, business, performance, or which shall consist of, display or include any letter, word, pattern, emblem, figure, number, character, mark, point, plane, picture, representation, drawing, poster, placard, stroke, stripe, line, trademark, logo, reading matter, illumination, model, banner, streamer, flag, pennant, insignia or device, used as, or which is in the nature of, an announcement, direction or advertisement. For the purpose of this Chapter, the word 'Sign' shall not include any flag, emblem, or insignia of any nation, state, or Village.
STREET SIGN. A sign identifying the name of any pubic or private street.
SUBDIVISION SIGN. Having a message which contains only the name by which a planned unit development is identified, a permanent monument sign caused to be erected by an owner, owners' association, or developer upon land for which a planned unit development has been approved by the President and Board of Trustees.
SUBJECT PROPERTY. The real property upon which a given sign is sought to be located.
TEMPORARY SIGN. Any display, informational sign, banner, or other advertising device with or without a structural frame, not permanently attached to a building, structure, or the ground and intended for use during a limited period not exceeding two years unless otherwise specified in this Chapter; and shall include but not be limited to: Any banner or flag, building leasing sign, garage sale sign, general contractor/architect sign, home location sign, open house sign, political sign, project sign, or real estate sign.
VILLAGE. The Village of Mettawa, an Illinois municipal corporation and home rule unit as described in the Constitution of the State of Illinois.
VILLAGE CLERK. The Village Clerk of the Village.
WALL SIGN. Any sign which is affixed directly to or painted on, or otherwise inscribed on, an exterior wall, including windows and doors, or any building, retaining wall, or other structure.
WINDOW SIGN. Any sign which is painted on, applied or attached to a window, which sign can be seen through the window from the exterior of the structure.
ZONING DISTRICT. Any of the several districts set forth in the Zoning Ordinance.
ZONING ORDINANCE. Chapter 15 of the Municipal Code of the Village of Mettawa of 2001, as amended.
ZONING MAP. The map designating zoning districts and made a part of the Zoning Ordinance as Article XVII.
(Ord. 526, passed 11-16-2004; Am. Ord. 529, passed 12-21-2004; Am. Ord. 621, passed 4-14-2009)