(A) Compliance and required permits.
(1) Any sign or outdoor advertising sign structure that is not specifically allowed or regulated in this subchapter is prohibited.
(2) No sign or outdoor advertising sign structure may be erected, constructed, established, maintained, enlarged, relocated, or changed by a person except in accordance with the provisions of this subchapter.
(3) Permit required. No sign or outdoor advertising sign structure may be installed, erected, constructed, or placed without a permit from the Zoning Administrator, except as specifically provided for by this subchapter. The permit fee shall be as established from time to time by the Village Board of Trustees. No permit may be issued for a sign or outdoor advertising sign structure which is not permitted under this chapter or which is not in compliance with applicable construction codes.
(4) (a) Permit applications for outdoor advertising sign structures (OASSs) shall include a site plan prepared by a licensed surveyor and drawn to scale. Said site plan shall, at a minimum, show the location of the footprint of the proposed OASS and the location of the footprint of any buildings and permanent commercial freestanding signs as defined by this chapter within 400 feet of the proposed footprint of any OASS measured along the same side of the street and around corners. The following signs need not be included in any survey: instructional or directional signs, real estate signs, temporary signs, political signs, noncommercial signs, or any official traffic control or direction sign.
(b) Applications shall also include color photographs (or color printouts of digital photographs) of the proposed OASS site from 100 feet to 200 feet from the proposed OASS from each direction along the street to which the OASS will be directed, with the approximate location of the proposed OASS marked on each photograph.
(B) Prohibited hazardous signs.
(1) No person shall erect, construct, establish, maintain, enlarge, or relocate any of the following signs which:
(a) Is structurally unsafe; or
(b) Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment; or
(c) Is not kept in good repair; or
(d) Is capable of causing electrical shocks to persons likely to come in contact with it; or
(e) Is supported by hanging or swinging from eye bolts, cables, or similar means.
(2) Any sign or outdoor advertising sign structure which, by reason of its size, location, content, coloring, or intensity of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing or detracting from the visibility of any governmentally erected traffic sign or control device, or any sign which resembles a traffic sign or control device. This section shall not be construed to prohibit on-site directional signage that does not interfere with official traffic control signage.
(3) Signs or outdoor advertising sign structures which make use of words such as "stop", "look", "danger", or any other words, phrases, symbols, or characters, in such a manner as to interfere with, mislead, or confuse traffic.
(4) Any sign or outdoor advertising sign structure which obstructs free ingress to or egress from a required door, window, fire escape, or other required exits.
(C) Prohibited illegal or nonconforming signs. No person shall erect, construct, establish, maintain, enlarge, or relocate any of the following:
(1) Any sign, whether temporary or permanent, or outdoor advertising sign structure, not erected by the village or its agents, which extends over or touches upon any village property or public right-of-way unless specifically permitted by this subchapter.
(2) Any nonconforming sign or outdoor advertising sign structure which refers to a business no longer in existence or in operation at the location advertised.
(3) Business signs advertising nonconforming uses which do not conform to the sign regulations of the most restrictive district where the nonconforming uses are permitted.
(4) Any sign or outdoor advertising sign structure unlawfully constructed, installed, erected, or maintained.
(D) Signs with moving parts or changing messages.
(1) Flags, banners, pennants, spinners, portable signs, and streamers are prohibited unless and only to the extent expressly allowed in this subchapter.
(2) Any signs with moving parts or the appearance of moving parts shall be regulated as follows:
(a) Any sign which has any visible moving part, visible revolving parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, including intermittent electrical pulsations, or by action of normal wind currents are prohibited even if indoors if they are visible from the right-of-way or residential areas with the exception of searchlights as permitted elsewhere by this subchapter.
(b) Electronic changing image signs, other than those permitted in division (D)(4) herein, shall be prohibited in residential zoning districts.
(c) Electronic changing image signs, other than portions of those signs displaying the current time and temperature, those signs permitted in division (D)(4) herein, and outdoor advertising sign structures, shall not change more than once in any 30-second period, and shall be restricted to instantaneous full-face changes. No wipes, fades, flashing, or similar effects may be employed.
(d) Except for those signs permitted in division (D)(4) herein and outdoor advertising sign structures, the maximum area of any sign face that may have a changing electronic image shall be 50% of the maximum allowable area of a sign face in the zoning district where the sign is located, or 25 square feet, whichever is smaller.
(3) Time and temperature signs shall be permitted in accordance with district regulations in this subchapter.
(4) Outdoor stadiums and indoor arenas with a seating capacity of 2,000 or greater shall be permitted to have one changing electronic message sign.
(5) (a) Changing outdoor advertising sign structures (OASSs) are those whose face can automatically change by either digital or other mechanical means. They shall not change more than once in any ten-second period. Changes shall be instantaneous full-face changes; no effects (wipes, fades, flashing, etc.) may be employed. Changing OASSs with digital displays shall have a minimum resolution of 20 millimeters. Changing OASSs with digital displays shall be equipped with a system to regulate the intensity of lighting, reducing or increasing the light output as exterior light conditions fluctuate.
(b) The separation distance between any two changing OASSs shall be a minimum of 1,000 feet.
(c) Changing OASSs with digital displays which are capable of changing more than once per hour shall be directly connected to the regional emergency dispatch system in order that the emergency dispatchers would be able to override the message otherwise displayed on the OASS in favor of an emergency bulletin. The Director of METCAD orthe Director's designee shall have authority to direct such an override. Examples of an emergency justifying such override would be broadcasting from the statewide "Yellow Alert" system regarding abducted children or imminent weather bulletinswhere the other aspects of the emergency broadcast system (sirens, cable override) are activated.
(E) Special event signs and lights requiring a permit.
(1) Permit and fee required. No special event sign or searchlight shall be erected or maintained on or over any property owned or controlled by the village by any person without first obtaining a permit issued by the Zoning Administrator, who shall consider the requirements and restrictions of this section in approving or disapproving the method of display, location, number, and sizes of signs. The permit fee shall be as established by the Village Board of Trustees (refer also to division (A)(3) above.
(2) Numbers and sizes of signs. The number of special event signs shall comply with the following:
(a) Except as provided pursuant to this section, permits shall be granted for no more than ten special event signs to be displayed on any day. Where approved applications are received from more than one organization for such signs to be displayed on the same day, and the total number exceeds the maximum provided in this section, each organization shall receive a permit for a pro-rata number of such signs.
(b) Except as provided pursuant to this section, special event signs regulated by this section shall be no larger than: 50 square feet in surface area, in the case of banners, and four square feet, in the case of yard signs.
(c) Permits may be granted to not-for-profit corporations who have entered into agreements with the village for the display of special event signs which are advertising for public benefit signs or vexillum public promotion signs. Such agreement shall be for a duration of up to one year. Such agreements may be executed by the Village President after the form has been approved by the Village Attorney.
(3) Length or time or display. The length and time of display for special event signs shall comply with the following:
(a) Special event signs shall be displayed for not more than a consecutive 30-day period.
(b) No more than two days following the special event for which a sign permit is granted pursuant to this section, such special event signs shall be removed and the area where such signs have been displayed shall be cleaned and restored to its condition prior to display of such signs.
(4) Location of display. Subject to the requirements of this section, the signs regulated by this section shall comply with the following:
(a) Banners may be placed over public right-of-way or affixed to railroad and street overpasses, which are above public right-of-way.
(b) Yard signs may be located in the right-of-way only on major entryways and corridors including the following streets: U.S. Route 45 (a/k/a N. Long Street).
(c) Yard signs shall be located a minimum of 65 feet from any other yard sign, five feet from any curb cut.
(d) Except as provided for in division (E)(5) below, no signs regulated by this section shall be:
1. Affixed to public structures located in the right-of-way including but not limited to, utility poles, streetlights, trees or traffic control devices.
2. Erected in violation of any of the specific sign prohibitions set forth in division (B) above.
3. Be located within the visibility triangle setbacks as defined in § 154.009.
(5) Searchlights. A searchlight may be used for a special event, provided a permit is issued by the Zoning Administrator. The operation of the searchlights shall be limited to Friday, Saturday, and Sunday, but not between the hours of 11:00 p.m. and 7:00 a.m. A searchlight shall be limited to a single beam, of no more than 1,600 foot candles. The light must be positioned so as to project a beam vertically, but not less than a minimum angle of 45 degrees from grade level, and must be designed and maintained so as to prevent beam rays of light from being directed at any portion of the traveled ways or adjoining property, and no light shall be of such intensity or brilliance to cause glare or impair the vision of the driver of any vehicles.
(Ord. 2020-O-3, passed 2-18-2020)