(A) DEFINITION: The term "overhanging sign" as used in this Section is hereby defined to mean and include any sign, signboard, billboard or advertising device of any kind which extends over any public street, sidewalk, alley or other public place in the Village, or which is so located that it may fall upon any such public place. But the term shall not include any billboard or poster-panel constructed entirely on private property and not extending over any such public place, provided such billboard or poster-panel is constructed and maintained in compliance with the provisions of this Code pertaining thereto. (1964 Code)
(B) PERMITS REQUIRED: It shall be unlawful to construct, erect, alter, relocate or maintain within the Village any overhanging sign, as defined herein, without first obtaining a construction permit or annual inspection permit and paying the fees required therefor. (Ord. 1964-39; 12-17-64)
(C) APPLICATION: Application for such construction permits shall be made in writing to the Clerk and shall state the name of the person to construct, erect or hang the sign; the location of the sign; the name of the owner of the building or premises on which it is to be placed; and a description of the sign and of the method by which it is to be secured.
Each such application shall be signed by the owner of the sign and by the owner of the building or premises to which it is attached, and shall contain an agreement substantially as follows:
The undersigned jointly and severally agree that the Village through its officers or employees, may remove the sign above described at any time if it is in such a condition as to be dangerous or likely to fall, or may repair or fasten the sign to make it safe, and the undersigned will pay the cost of such work; and the undersigned further agree that if the annual maintenance fee for such sign remains unpaid thirty (30) days after it is due the sign may be so removed and the undersigned will pay the Village the cost thereof.
(D) Issuance: Such permits shall be issued by the Clerk upon application and payment of the construction fee and the maintenance fee for the balance of the current year; provided that all requirements of the building, electricity, and other sections pertaining to such sign must be complied with. (1964 Code)
(E) Permit Fees: Permit fees shall be as indicated in section 1-27-1 of this Code. (Ord. 1964-39, 12-17-1964; amd. Ord. 2017-18, 11-16-2017)
(F) Construction; Regulations: All overhanging signs shall be constructed of galvanized iron, copper, brass, glass or other non-corrosive incombustible material. All such signs, if placed at a right or other angle to the wall or roof of any building shall be attached by such non-corrosive metal bolts, anchors, cables, or other metal attachments as shall insure permanent and safe construction, and shall be maintained free from rust or other defects. Every means or device used for attaching any such sign shall extend through the walls or roof of the building, and shall be securely anchored by wall plates and nuts to the inside of the walls or to bearings on the under side of two (2) or more roof or ceiling joists. Small signs containing less than ten feet (10') of area may be attached flat to a building by the use of lag bolts or other suitable means.
Every overhanging sign and its support shall be capable of withstanding a wind pressure of thirty (30) pounds to the square foot with a factor of safety of 4. All such signs if attached parallel to a building, shall be placed in close contact to the walls thereof; if offset from the building, the same shall be attached with an open space of not less than eight inches (8") between any portion of the sign and the wall or roof or other portion of said building, in order to avoid the accumulation of combustible substances. Every such sign shall be installed so as to be rigid.
The lowest part of any sign, support or appurtenance which extends over any street, alley, sidewalk or other public way or place shall be at least ten feet (10') above grade, or not less than fifteen feet (15') above any place used by vehicles. No sign shall project more than forty two inches (42") beyond the property line, except that for the purpose of illumination, a hood may be placed not to exceed six inches (6") additional projection. No sign shall be supported from any point outside the property line.
No sign shall be so erected, hung, or attached so as to obstruct any window, door, fire escape, balcony, platform, stairway, ladder, stack, vent pipe, or ingress to or egress from any building, nor so as to hinder the placing of ladders against such building by the Fire Department, nor within five feet (5') of the adjoining property if such sign protrudes more than one foot (1') from the property line.
(G) Existing Signs: This section shall not require the removal of any existing sign, provided that it is firmly secured and does not interfere with the use of any fire escape or window, or with pedestrian or vehicle traffic, and provided that the maintenance fee therefor is paid.
(H) Dangerous Signs: It shall be unlawful to permit any overhanging sign to be or remain in a dangerous condition so that any part of it is likely to fall upon any public place.
(I) Indemnity Bond: It shall be unlawful to erect or maintain any overhanging sign in the Village unless there has been filed with the Clerk an indemnity policy or bond with surety satisfactory to the Board of Trustees in the amount of one thousand dollars ($1,000.00) or more, if the Building Commissioner shall recommend to the Board of Trustees that an increased amount of bond is necessary, and said increased amount of bond can be fixed by the Board of Trustees, conditioned to indemnify the Village against, and hold it harmless from any loss, damage or liability resulting from or caused by the existence, construction, maintenance or fall of such sign. (1964 Code)