• Sign Ordinance

SECTION 9 SIGNS 9.1 PURPOSE. The purpose of this chapter is to protect the safety and orderly development of the community through the regulation of signs and sign structures. 9.2 DEFINITIONS. The following words and terms shall, for the purposes of this chapter and as used elsewhere in this code, have the meanings shown herein. ABANDONED SIGN – A sign structure that has ceased to be used, and the owner intends no longer to have used, for the display of sign copy, or as otherwise defined by state law. ANIMATED SIGN – A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this code, include the following types. Electrically activated – Animated signs producing the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below: 1. Flashing. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non illumination. For the purposes of this ordinance, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds 4 seconds. 2. Patterned illusionary movement. Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion. Environmentally activated – Animated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation. Mechanically activated – Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means. ARCHITECTURAL PROJECTION – Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. See also “Awning”; “Backlit awning”; and “Canopy”, attached and freestanding.” AWNING – An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non rigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources. AWNING SIGN – A sign displayed on or attached flat against the surface or surfaces of an awning. See also “Wall or fascia sign”. BACKLIT AWNING – An awning with a translucent covering material and a source of illumination contained within its framework. BANNER – A flexible substrate on which copy of graphics may be displayed. BANNER SIGN – A sign utilizing a banner as its display surface. BILLBOARD – See “Off-premise sign” and “Outdoor advertising sign.” BUILDING ELEVATION – The entire side of a building, from ground level to the roof line, as viewed perpendicular to the walls on that side of the building. CANOPY (Attached) – A multi-sided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. See also “Marquee.” CANOPY (Free-standing) – A multi-sided over structure supported by columns, but not enclosed by walls. The surface(s) and or soffit of a free-standing canopy may be illuminated by means of internal or external sources of light. CANOPY SIGN – A sign with the capability of content change by means of manual or remote input, including signs which are: Electrically activated – Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also “Electronic message sign or center. Manually activated – Changeable sign whose message copy or content can be changed manually. COMBINATION SIGN – A sign that is supported partly by a pole and partly by a building structure. COPY – Those letter, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only. DEVELOPMENT COMPLEX SIGN – A free-standing sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord. DIRECTIONAL SIGN – Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic. DOUBLE-FACED SIGN – A sign with two faces, back to back. ELECTRIC SIGN – Any sign activated or illuminated by means of electrical energy. ELECTRONIC MESSAGE SIGN OR CENTER – An electrically activated changeable sign whose variable message capability can be electronically programmed. EXTERIOR SIGN – Any sign placed outside a building. FASCIA SIGN – See “Wall or fascia sign.” FLASHING SIGN – See “Animated sign, Electrically activated.” FREE-STANDING SIGN – A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground. FRONTAGE (Building) – The length of an exterior building wall or structure of a single premise orientated to the public way or other properties that is faces. FRONTAGE (Property) – The length of the property line(s) of any single premise along either a public way or other properties on which it borders. GROUND SIGN – See “Free-standing sign.” ILLUMINATED SIGN – A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated). INTERIOR SIGN – Any sign placed within a building, but not including “window signs” as defined by this ordinance. Interior sign, with the exception of window signs as defined, are not regulated by this chapter. MANSARD – An inclined decorative roof-like projection that is attached to an exterior building facade. MARQUEE SIGN – See “Canopy sign.” MENU BOARD – A free-standing sign orientated to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window, and which has no more than 20 percent of the total area for such a sign utilized for business identification. MULTIPLE-FACED SIGN – A sign containing three or more faces. OFF-PREMISE SIGN – See “Outdoor advertising sign.” ON-PREMISE SIGN – A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed. OUTDOOR ADVERTISING SIGN – A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed. These signs are prohibited. PARAPET – The extension of a building facade above the line of the structural roof. POLE SIGN – See “Free-standing sign.” POLITICAL SIGN – A temporary sign intended to advance a political statement, cause or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a political sign. PORTABLE SIGN – Any sign not permanently attached to the ground or to a building or building surface. PROJECTING SIGN – A sign other than a wall sign that is attached to or projects more than 18 inches (457 mm) from a building face or wall or from a structure whose primary purpose is other than the support of a sign. REAL ESTATE SIGN – A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located. REVOLVING SIGN – A sign that revolves 360 degrees (6.28 rad) about an axis. See also “Animated sign, mechanically activated.” ROOF LINE – The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet. ROOF SIGN – A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs. SIGN – Any device visible from a public place that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Noncommercial flags or any flags displayed from flagpoles or staffs will not be considered to be signs. SIGN AREA – The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or “V” shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50 percent of the sum of the area of all faces of the sign. SIGN COPY – Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only. SIGN FACE – The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. 1. In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets. 2. In the case of sign structures with routed areas of sign copy, the sign face shall include the entire area of the surface that is routed, except where interrupted by a reveal, border, or a contrasting surface or color. 3. In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure. 4. In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the pained or illuminated border. SIGN STRUCTURE – The structure supporting a sign. TEMPORARY SIGN – A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs. UNDER CANOPY SIGN OR UNDER MARQUEE SIGN – A sign attached to the underside of a canopy or marquee. V SIGN – Signs containing two faces of approximately equal size, erected upon common or separate structures, positioned in a “V” shape with an interior angle between faces of not more than 90 (1.57 rad) degrees with the distance between the sign faces not exceeding 5 feet (1524 mm) at their closest point. WALL OR FASCIA SIGN – A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches (457 mm) from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to differences between wall or fascia signs and roof signs. WINDOW SIGN – A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property. 9.3 GENERAL PROVISIONS 9.3-1 Conformance to codes. All signs erected shall conform to the provisions of this ordinance and provisions of the Village of Johnsburg and or any other ordinance or regulations within this jurisdiction. All permanent signage must be reviewed by the Village of Johnsburg’s Architectural Review Committee. 9.3-2 Signs in Right of Way. Signs in conflict with traffic signals, vehicular or pedestrian travel, or which impede access to fire hydrants and fire lanes and exits, and other signs which impede or impair the public health, safety and welfare are prohibited. 9.3-3 Projections over public ways. Signs projecting over public walkways shall be permitted to do so only subject to the projection and clearance limits either defined herein or, if not so defined, at a minimum height of 8 feet (2438 mm) from the public way to the bottom of the sign. Signs, architectural projections or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the jurisdiction for such structures. 9.3-4 Computation of frontage. If a premises contains walls facing more than one property line or encompasses property frontage bounded by more than one street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall or property line frontage. 9.3-5 Animation and changeable messages. Animated signs, except as prohibited in Section 9.5, are permitted in commercial and industrial zones only. Changeable signs, manually activated, are permitted for nonresidential uses in all zones. Changeable signs, electrically activated, are permitted in all nonresidential zones. 9.3-6 Maintenance, repair, and removal. If the Building Inspector shall find that any sign is unsafe, insecure or a menace to the public, or has been constructed, erected or maintained in violation of the provisions of Section 9 of the Zoning Code, the Building Inspector shall give written notice of the violation to the owner or lessee thereof stating that the Village shall initiate such legal proceedings as may be required to compel the removal of said sign and the recovery of any costs incurred, including any legal costs, in connection therewith if the owner or lessee fails to remove or alter the sign so as to comply with the standards set forth herein within 10 days after receipt of such notice. If the owners or lessee's address cannot be located, the notice may be sent to the person last paying the real estate taxes on the premises. Receipt of such notice shall be conclusively presumed from proof of mailing such notice as provided above. Service in any other manner where there is actual receipt of notice shall also be satisfactory service for the purposes of this section. Such owner or lessee shall be entitled to a hearing before the Village Board upon filing a written request with the Village Clerk for such a hearing within 72 hours after receipt of such notice. Such request shall state the reasons why such sign should not be removed. Such hearing will be held 72 hours after receipt of such request, if possible, but in any event shall be held prior to the initiation of any proceedings as provided above. The Building Inspector may cause any sign or other advertising structure which is an immediate peril to persons or property to be immediately removed or repaired if, after notice, either verbal or written, the owner or lessee fails to take corrective action or if the owner or lessee cannot be located in sufficient time to remedy the immediate peril. In addition to the penalty provisions in this section, the Building Inspector or the Village may also file a complaint for injunction or any other appropriate remedy, including the recovery of any costs incurred therewith, including legal fees. 9.3-7 Obsolete sign copy. Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the municipal code official; and upon failure to comply with such notice, the code official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located. 9.3-8 Nonconforming Signs. Any sign to be constructed on any building or parcel of land, the use of which does not conform to the Zoning Code provisions for the district in which such building or land is located, shall, nevertheless, comply with all the provisions of this section. Signs existing at the time of the enactment of this section and not conforming to its provisions, but which were constructed in compliance with previous regulations, shall be regarded as non- conforming signs which may be continued until such time as they are altered, relocated or replaced. Such sign must then comply fully with all provisions of this section as well as with other ordinances of the Village. 9.4 EXEMPT SIGNS. The following signs shall be exempt from the provisions of this chapter. No sign shall be exempt from Section 9.3-2. 1. Official notices authorized by a court, public body or public safety official. 2. Directional, warning or information signs authorized by federal, state of municipal governments. 3. Memorial plaques, building identification signs and building cornerstones when cut of carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure. 4. The flag of a government of noncommercial institution, such as a school. 5. Religious symbols and seasonal decorations within the appropriate public holiday season. 6. Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial gain. 7. Street address signs and combination nameplate and street address signs that contain no advertising copy and which do not exceed 6 square feet (0.5 m2) in area. 9.5 PROHIBITED SIGNS. The following devices and locations shall be specifically prohibited. 1. Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver’s view of approaching, merging or intersecting traffic. 2. Except as provided for elsewhere in this code, signs encroaching upon or overhanging public right-of-way. No sign shall be attached to any utility pole (except banners), light standard, street tree or any other public facility located within the public right-of-way. 3. Signs which blink flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance. 4. Portable signs except as allowed for temporary signs. 5. Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions: 5.1. The primary purpose of such a vehicle or trailer is not the display of signs. 5.2. The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle. 5.3. The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate. 6. Vehicles and trailers are not used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public. 7. Balloons, streamers, pinwheels, portable signs or other inflatable advertising except those temporarily displayed as part of a special sale, promotion or community event. For the purposes of this subsection, “temporarily” means no more than 20 days in any calendar year. 9.6 PERMITS 9.6-1 Permits required. It shall be unlawful for any person to erect, construct, alter, change any lettering or graphics on or relocate any sign, except as otherwise permitted, within the Village without first obtaining a permit from the Building Inspector and paying the fee required. Those signs listed under Section 9.4, Exempt Signs, are explicitly exempted from the permit requirement. 9.6-2 Permit Application: Application for a sign permit shall be made upon a form provided by the Building Inspector and shall include, but not be limited to, the following information: Location of the building, structure or parcel of property to which or upon which the sign is to be attached or erected. Position of the sign in relation to nearby buildings or structures. Plat of Survey Two copies of plans and specifications showing the method of construction, location, support, illumination and the lighting intensity measured in terms of foot candles. Sketch showing sign faces, exposed surfaces and proposed message thereof, accurately represented in scale as to size, proportion and color. Name of the person, firm, corporation or association erecting the sign with proof of insurance as required by Chapter 24, Building Code, of the Johnsburg Municipal Code. Written consent of the owners of the building, structure or land on or to which the sign is to be erected. Such other information as the Building Inspector shall require to show full compliance with this section and all other ordinances of the Village. 9.6-3 Permit Fees: Before a sign permit is issued the applicant shall pay a permit and inspection fee as required by Chapter 24, Building Code of the Johnsburg Municipal Code. 9.6-4 Issuance of Permit: It shall be the duty of the Building Inspector, upon the filing of an application for a sign permit, to examine such plans, specifications and other data and the premises where the sign will be erected, constructed or altered, and issue a sign permit if all requirements of this section and the ordinances of the Village are satisfied. 9.6-5 Revocation of Permit: The Building Inspector is hereby authorized and empowered to revoke any sign permit for any violation of this section or the ordinances of the Village. 9.6-6 Penalties: Violation of this Section shall result in penalties as stated in Chapter 24.09C of the Johnsburg Municipal Code. 9.7 SPECIFIC SIGN REQUIREMENTS 9.7-1 Identification signs. 9.7-2 Wall signs. Retail, commercial or industrial buildings may display wall signs per street frontage subject to the limiting standards set forth in Table 9.8. For shopping centers, planned industrial parks or other multiple occupancy nonresidential buildings, the building face or wall shall be calculated separately for each separate occupancy. 9.7-3 Monument signs. In addition to any allowable wall signs, any building in retail, commercial and industrial zone shall be permitted to display freestanding or combination signs per street frontage subject to the limiting standards set forth in Table 9.8. 9.7-4 Directional signs. No more than two directional signs shall be permitted per street entrance to any lot. There shall be no limit to the number of directional signs providing directional information interior to a lot. The maximum area for directional signs shall be 20 square feet. Not more than 25 percent of the area of any directional sign shall be permitted to be devoted to business identification or logo, which area shall not be assessed as identification sign area. 9.7-5 Subdivision/Development Sign - Developments in all zoning districts shall be permitted one free standing sign per entrance. Said sign shall be limited to include the name of the subdivision/development. Plans and specifications for Subdivision/Development Signs must be submitted at the time of platting. Size, location and materials to be used shall be reviewed and approved with the Final Plat of Subdivision. 9.8 TEMPORARY SIGNS 9.8-1 Temporary Development Sign – One Temporary Development Sign shall be permitted for each entrance into a development. Temporary Development Signs shall be used for the advertising of lots and/or buildings available in the development and must be kept in good condition at all times. Temporary Development Signs must be removed within 30 days after the sale of the last lot. Temporary Development Signs located in any residential or estate zoning district may not exceed 100 square feet. Temporary Development Signs located in a business, commercial or industrial zoning district may not exceed 200 square feet. 9.8-2 Political campaign signs: Time limit: Political campaign signs are permitted for a maximum of 21 days prior to the date of election to which such signs are applicable. Such signs shall be removed within two days following the election. Size: On private property, temporary political signs shall not exceed an aggregate gross surface area of 32 square feet. In the public right-of-way, each temporary political sign shall not exceed an aggregate gross surface area of four square feet. Height restrictions and location: Temporary political signs may be located in any yard on a private lot. Signs in the public right-of-way shall not be located closer than 100 feet apart and shall not interfere with or obstruct access, activity or vision along any such public right-of-way. Temporary political signs shall not project higher than five feet as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher. Number: There is no limit on the number of signs permitted on each private zoning lot or public right-of-way. Content: Each political campaign sign may include information regarding political candidates seeking public office, political parties and/or political/public issues set forth on a ballot. 9.8-3 Temporary event signs: Temporary event signs announcing a special event, campaign, drive, activity, or event of a civic, philanthropic, educational or religious organization are permitted on a temporary basis. The time limit, size, height restrictions, location, number and content of such signs shall be determined by the Building and Code Officer. 9.8-4 Real Estate Signs: No real estate sign shall be located in any road right of way and any real estate sign advertising a home for sale can only be located on the property for sale. Signs advertising a temporary event such as an open house or parade of homes may be posted 24 hours prior to the event and must be removed within 24 hours after the conclusion of the event, or by special permit approved and issued by the Building and Code Officer. The maximum size requirements for real estate signs advertising the sale of commercial property shall be based as specified on the Commercial Sign Chart included as part of this Section. Table 9.8.