(a) Signs Not to Constitute Traffic Hazard. No advertising sign as regulated by any of the provisions of this chapter, shall be erected within the public right-of-way or at any location where, by reason of its position, shape or color, or lighting, it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign, signal or device. No such sign shall make use of the words "STOP," "LOOK," "DRIVE-IN," "DANGER" or any other word, phrase, symbol or character, in such a manner as to interfere with, mislead or confuse traffic.
(b) Signs to be in Accordance with this Chapter. Signs shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design, size, location, illumination and other provisions set forth in this chapter.
(c) Provisions of Chapter Not to Affect Other Codes. The construction, erection, safety and maintenance of all signs shall be in accordance with this chapter. The provisions of this chapter shall not amend or in any way interfere with other codes, rules or regulations governing traffic signs within the Municipality.
(d) Governmental Displays Not Affected by this Chapter. The display of official public notices and the flag, emblem or insignia of an official governmental body shall not be governed by the provisions of this chapter.
(Ord. 1994-41. Passed 5-18-94.)
(Ord. 1994-41. Passed 5-18-94.)
(e) Removal of Signs.
(1) Any sign now or hereafter existing which no longer advertises a bona fide business conducted upon the premises, or which no longer serves that purpose for which it was intended, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign is found, within ten days after written notification from the Building Inspector.
(2) Notice shall be given by personal delivery or certified mail to the latest permit holder, to the property owner, to such owner's spouse or agent or to the person otherwise in charge of such sign or premises. If no such named person may be found, or, when deemed proper by the Building Inspector, the sign or premises shall be posted with the notice to remove.
(f) Unsafe and Unlawful Signs. If the Building Inspector finds that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of any of the provisions of this chapter, notice shall be given in writing by the Building Inspector to the holder of the permit. If the holder of the permit fails to remove or alter the structure so as to comply with the standards herein set forth within fourteen days after such notice, the Building Inspector shall cause a criminal citation to issue. The Building Inspector shall refuse to issue a permit to any holder of the permit or owner who refuses to comply. The Building Inspector may cause any sign or other advertising structure which is an immediate peril to persons or property or illegally displayed to be removed summarily and without notice.
(Ord. 1995-61. Passed 6-21-95.)
(g) Annual Inspection. The Building Inspector may inspect annually, or at such other times as are necessary, each sign or other advertising structure regulated by this chapter for the purpose of ascertaining whether the same is secure or insecure, and whether it is in need of removal or repair.
(h) Maintenance. The owner of any sign regulated by this chapter is hereby required to properly maintain in good condition and repair all parts and supports of the sign.
(i) Presumption of Responsibility. The occupant of any premises upon which a violation of any of the provisions of this chapter is apparent or the owner of any sign placed or remaining anywhere in violation of any of the provisions of this chapter shall be deemed prima-facie responsible for the violation so evidenced and subject to the penalty provided therefor.
(Ord. 1994-41. Passed 5-18-94.)
(Ord. 1994-41. Passed 5-18-94.)
(j) Nonconforming Uses. A sign which is nonconforming on the effective date of this chapter which does not conform with the regulations of this or a subsequent amendment, shall be deemed a nonconformity.
(1) Statement of purpose. The purpose of this chapter, in addition to providing specific standards for the design, construction and erection of ever new graphic, sign, marquee, canopy and awning is to cause every graphic or other sign in violation of any provision of this chapter to be removed, altered or replaced so as to conform with the provisions of this chapter.
(2) Authority to continue existing nonconformities. Any permanent graphic, sign, marquee, canopy or awning, as defined in Section 1321.02, other than a temporary sign, which is deemed to be a nonconformity, which was erected pursuant to a Village permit and in place on the effective date of this section, and which remains or becomes a nonconformity upon the adoption of this section or any subsequent amendment to Chapter 1321 thereto, may be continued only in accordance with the following regulations:
A. Ordinary repairs and nonstructural alterations may be made to a nonconforming sign. No structural alterations shall be made in, to or upon such nonconforming sign, except those required by law to make the sign conform to the regulations of this chapter.
B. A nonconforming sign shall not be added to or enlarged in any manner, except to make the sign conform to the regulations of this chapter.
C. No nonconforming sign shall be moved in whole or in part to any other location unless such sign, and the use thereof, is made to conform to all regulations of this chapter.
D. A nonconforming sign which is destroyed or damaged by fire or other cause to the extent that the cost of restoration will exceed sixty percent (60%) of the original cost of such sign, shall not be restored unless it is made to conform to all the regulations of this chapter, or any subsequent amendment thereto. In the event that such damage or destruction is less than sixty percent (60%) of the original cost of such sign, no repairs or construction shall be made unless such restoration is started within six months from the date of the partial destruction and is diligently pursued to completion.
E. A nonconforming sign, the use of which is discontinued for a period of thirty days, shall thereafter conform to the regulations of this chapter.
F. Neon window signs existing on or before December 12, 1994, may be continued to be used provided the owner or business user of such signs registers with the Village the approximate date of placement of the sign or signs placed in the business window and obtains and pays for a permit for such signs. Any neon sign placed or used after December 12, 1994, without a permit does not fall within this exemption and is prohibited.
G. Where the business, use or identity associated with the nonconforming sign at the time of the adoption of this chapter, thereafter, terminates or changes, such termination or change of use shall require termination of the nonconforming sign, and the use of such sign shall thereafter conform to the regulations of this chapter.
H. All graphics, signs, marquees, canopies and awnings rendered nonconforming by the provisions of this chapter and permitted to continue shall be removed, altered or remodeled to conform to the provisions of this chapter no later than October 30, 2001.
I. When a structure and/or use is nonconforming and the signage restrictions for the district in which it is located would cause hardship, the regulations of the district most compatible with the current and/or proposed use shall be used.
(Ord. 1996-80. Passed 10-16-96.)
(k) Location. Signs, where permitted, may be located only on the premises on which the described business or activity is conducted. No sign shall be permitted on public property except the signs exempted from the permit requirements of Section 1321.04(g)(6).
(Ord. 1994-41. Passed 5-18-94.)