Village of Homer Glen, IL
Will County
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A. 
Purpose. The provisions of this section establish criteria for submission and approval of site plans, access control, lighting and signage pursuant to the regulations hereinafter set forth.
B. 
Scope of regulations. Site plan review shall be required for any new development or redevelopment which contains one or more transition yards. "Redevelopment," for the purposes of this section, shall mean the increase of the intensity of use of any building, structure or premises through the addition of dwelling units, gross floor area, seating capacity or similar units of measure. Without limiting the foregoing, the following activities require a site plan:
(1) 
All permitted uses in residential zoning districts, except the following:
(a) 
Individual single-family detached dwellings.
(b) 
Agricultural structures on farmsteads.
(c) 
Any use permitted on a temporary basis.
(2) 
Subdivisions.
(3) 
All permitted uses in commercial and individual districts.
(4) 
When an alteration or amendment is proposed to the site improvements or design of a previously approved site plan.
(5) 
All special uses and planned unit developments.
(6) 
Government, public and quasi-public buildings.
(7) 
Accessory uses and structures, unless the requirement for site plan review is waived by the Zoning Officer.
C. 
Site plan criteria. The site plan shall contain the following information and submittals:
(1) 
General requirements. All site plans shall include the following:
(a) 
Site plans, or any portion thereof, involving engineering, architecture, or land surveying shall be respectively certified by an engineer, architect, or land surveyor authorized by the state to practice as such.
(b) 
Site plans shall be prepared to a reasonable scale, not greater than one inch equals 100 feet.
(c) 
The location of the property by an insert map at a scale of not less than one inch equals 500 feet, indicating such information as the names and numbers of adjoining roads, streams and bodies of water, railroads, subdivisions, towns, or other landmarks sufficient to clearly identify the location of the property.
(d) 
The name and address of the owner and developer, the North point, date and scale of drawing, and number of sheets.
(e) 
A boundary survey of the property.
(f) 
All existing and proposed streets and easements, their names, widths and whether such streets will be publicly dedicated; existing and proposed utilities; watercourses and their names; owners of adjacent properties and the zoning and present use of all adjoining properties.
(g) 
The size and location of all floodplains, floodways and wetlands.
(h) 
The size and location of proposed detention and retention areas, including normal and high water lines and whether such areas will be wet or dry bottom.
(i) 
The size in square feet of all lots, the width and depth of each lot, all required setback lines on each lot, the average lot size of the entire subdivision.
(j) 
Location, type, size and height of fencing, retaining walls and screen planting as required by the provisions of this chapter.
(k) 
All off-street parking, driveways, loading spaces and walkways; indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required by the provisions of this chapter.
(l) 
All bike trails or other amenities provided on the property.
(m) 
The proposed location, general use, number of floors, height and the net and gross floor area for each building; including outside display areas, the proposed floor area ratio and, where applicable, the number, size and type of dwelling units.
(n) 
For all uses except single-family detached homes, architectural elevations.
(o) 
Proposed finished grading by contours and ground floor elevation.
(2) 
Access controls. The following information shall be provided in the submission of a site plan for approval by the Zoning Officer:
(a) 
Driveway design and geometrics, including curb return radius, width of driveway at the property line, curbed or uncurbed, dimension of any channelizing island or medians, length of driveway (measured parallel to driveway between edge of street and building line) and change in grade between driveway and street (measured where driveway meets the street).
(b) 
A drawing to scale showing distance between proposed driveways and existing driveways on both sides of the street, within 200 feet each direction from the subject property line, with distances to be measured parallel to the street. The site plan shall also show the name and type of land use currently served by these existing driveways.
(c) 
Identification of proposed driveway, signing/marking/striping for intersection control, inbound/outbound movements, turn prohibitions (if any), etc.
(d) 
Based on a review of site topography, street alignment and other factors, the Zoning Officer may require a survey to establish the sight distance to any intersecting street as measured from the driveway.
(e) 
A traffic study will be submitted, in accordance with § 220-1002G(4), to the Village for review. The traffic study shall be prepared by firms with demonstrated competence in traffic engineering and traffic studies related to development.
[Added 10-28-2020 by Ord. No. 20-053]
(3) 
Lighting plan.[1] A lighting plan, in conformance with the regulations hereinafter set forth, shall be submitted for approval by the Zoning Officer which shall provide the following information:
(a) 
Size, setback and height of all freestanding lights and wall lights attached to buildings.
(b) 
Type of lighting on all portions of the site, and levels of lighting in footcandles at all property lines and within the property.
[1]
Editor's Note: See also Ch. 75, Art. II, Part 20, Outdoor Lighting.
(4) 
Signage plan. A signage plan depicting the following information:
(a) 
Size, location, setback and height of all freestanding business and industrial signs.
(b) 
Materials which comprise the signage.
(5) 
Landscape plans and tree preservation. Landscape and tree preservation plans, in conformance with Village ordinance, shall be submitted as a part of the site plan review.
D. 
Approval required prior to permit. No permits requiring site plan review shall be issued until the site plans have been approved by the Village.[2]
[2]
Editor's Note: Original § 10.2 of the Zoning Ordinance, Illumination/Lighting Regulations, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 75, Building Regulations, Art. II, Part 20, Outdoor Lighting.
A. 
Applicability. The provisions of this section shall apply and govern in all zoning districts.
B. 
General requirements.
(1) 
No structure shall hereafter be built or moved, and no structure or land shall hereafter be used, occupied or designed for use or occupancy, unless the minimum off-street parking and off-street loading spaces required by this chapter are provided. No structure or use already established on the effective date of this chapter shall be enlarged unless the minimum off-street parking and loading spaces which would be required for such enlargement are provided.
(2) 
The duty to provide and maintain off-street parking space shall be the joint and shared responsibility of the operator and/or owner of the use and/or land for which off-street parking space is required to be provided and maintained.
(3) 
For land, structures, or uses actually used, occupied, or operated on the effective date of this chapter, there shall be provided such off-street parking space as was required for such land, structures, or uses by any previous ordinance. If such land, structures, or uses are enlarged, expanded, or changed, there shall be provided, for that increment of expansion only, at least the amount of off-street parking space that would be required hereunder if the increment were a separate land, structure, or use established or placed into operation after the effective date of this chapter.
(4) 
For all uses established or placed into operation after the effective date of this chapter, there shall be constructed, provided, preserved, and maintained not less than the amount of off-street parking space hereinafter set forth.
(5) 
Parking and loading spaces for all types of uses may be provided either in garages or parking areas conforming with the provisions of this chapter.
(6) 
No vehicle shall be parked in any front yard.
C. 
Location. Except as otherwise allowed herein, all parking spaces required to serve buildings or uses shall be located on the same lot as the use for which parking is provided.
(1) 
Special location plan. Pursuant to the procedure hereinafter set forth, either part or all of the required off-street parking space may be located off the lot of the use for which the space is provided. Also, two or more uses may share the same off-street parking space and each of the two or more uses may share the same off-street parking space and each of such uses may be considered as having provided such shared space individually. The following limitations shall apply to the "special location plan":
(a) 
All applications for approval of a special location plan shall be filed with the Plan Commission by the owners of the entire land area to be included within the special location plan, the owner or owners of all structures then existing on said land area, and all encumbrances of said land area and structures. The application shall contain sufficient evidence to establish to the satisfaction of the Plan Commission that the applicants are the owners and encumbrances of the designated land and structures and shall include plans showing the following details:
[1] 
The location of the uses or structures for which off-street parking space is required.
[2] 
The location at which the off-street parking space is to be located.
(b) 
The procedure for review of such applications shall be as follows:
[1] 
All applications shall be reviewed and approved by the Plan Commission. Any approval may establish necessary conditions and limitations.
[2] 
Upon approval of a special location plan, a copy of such plan shall be registered and recorded among the records of the County Recorder of Deeds.
[3] 
All special plans registered and recorded hereunder shall be binding upon the applicants for such special plans, their successors and assigns, shall limit and control the issuance and validity of all zoning permits and zoning certificates and shall restrict certificates and shall restrict and limit the use and operation of all land and structures included within such special plans to all conditions and limitations specified in such plans and approvals thereof.
[4] 
All special location plans may be amended pursuant to the same procedure and subject to the same limitations and requirements by which such plans were approved.
[5] 
Upon application to the Plan Commission by the owner or owners of the entire land area included within any special location plan recorded hereunder, any such plan may be withdrawn, either partially or completely, if all uses, land, and structures remaining under such plan comply with all regulations established by this chapter and unrelated to any special plan.
(2) 
Separation from use. Off-street parking shall be located as hereinafter specified (Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve.):
(a) 
In all residential zoning districts, parking facilities shall be located on the same lot or lots with the building they are required to serve.
(b) 
In all commercial zoning districts, parking facilities shall be located within 300 feet of the building they are required to serve.
(c) 
In all industrial zoning districts, parking facilities shall be located within 600 feet of the building they are required to serve.
(3) 
Restriction. No parking areas shall be located within five feet from any lot line.
D. 
Sharing of space. No use shall be considered as individually having provided off-street parking space which is shared with one or more other uses unless the schedules of operation of all such uses are such that none of the uses sharing the space require the off-street parking space at the same time as any other use sharing the space.
E. 
Separate or combined space. Separate off-street parking space shall be provided for each use, and the parking space required of two or more uses located on the same lot may be combined and used jointly; provided, however:
(1) 
Where off-street parking is combined and used jointly by two or more uses having different standards for determining the amount of off-street parking required, the parking space shall be adequate in area to provide the sum total of off-street parking space requirements of all such uses.
(2) 
Where off-street parking space is combined and used jointly by two or more uses having the same standard for determining the amount of off-street parking space required, all such uses, for the purposes of this section, shall be considered a single unit and the gross floor area of all such uses in all structures in the same lot and the number of employees of all such uses in all structures on the same lot as fixed by the applicable standard, shall be taken as a single total for the purpose of determining the amount of off-street parking space required.
F. 
Size. Except for parallel parking spaces, each required off-street parking space shall be at least nine feet in width and at least 19 feet in length. Such space shall have a vertical clearance of at least seven feet six inches and shall be measured at right angles to the ground. For parallel parking, the length of the parking space shall be increased to 22 feet.
G. 
Traffic and cross access.
[Amended 10-28-2020 by Ord. No. 20-053]
(1) 
Except on lots accommodating single-family dwellings, each off-street parking space shall open directly upon an aisle or driveway at least the width as provided in the table below, based upon the angle of the parking stalls provided and whether the aisle serves one or two rows of parking spaces to provide safe and efficient means of vehicular access to such parking space.
Minimum Aisle Width
Parking Angle
Serving One Row
(feet)
Serving Two Rows
(feet)
Parallel
12
12
30°
15
15
45°
18
18
60°
21
21
90°
24
24
(2) 
All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. Access to parking areas in business and industrial districts shall be minimized and designed comprehensively with connections between adjacent developments. Site-to-site access shall be granted through cross-access easement agreements to facilitate traffic, and frontage roads are encouraged along arterial roads.
(3) 
All street intersections and confluences must encourage safe traffic flow.
(4) 
Traffic studies shall be required of all proposed residential developments of 50 dwelling units or more, for all commercial and industrial developments of 50,000 square feet of floor area or more and for businesses with drive-through facilities.
H. 
Design and maintenance. The following shall serve as guidelines for the design and maintenance of off-street parking and loading facilities:
(1) 
Character. Accessory parking spaces may be open to the sky or enclosed in a building.
(2) 
Surfacing. All open off-street parking, except in a single-family district, shall be improved with proper drainage and a dust-free all-weather paved surface material.
(3) 
Landscape islands. Concrete curbed parking lot landscape islands shall be located at both ends of each parking row. Additionally, parking lot landscape islands should also be located within the parking lot. In order to break up long expanses of parking rows, one of the following alternatives should be used:
[Amended 6-25-2013 by Ord. No. 13-040]
(a) 
Alternative A. A maximum of 20 adjacent parking spaces are permitted in any parking row. A concrete curbed landscape island that is at least seven feet wide and extends the length of the parking stall shall be provided to divide the length of the parking row.
(b) 
Alternative B. A continuous landscape island protected by a continuous concrete curb and having a minimum depth of seven feet, measured back of curb to back of curb, may be provided between parking rows. Where such a continuous concrete curbed landscape island is provided, it shall be a minimum of seven feet in width.
(c) 
Alternative C. At the discretion of the Village Board and with the cooperation of the developer, parking lot landscaping may be provided in an alternative manner, such as through the use of native plantings within a bio-swale or other best management practice (BMP).
(4) 
Landscaping. Off-street parking areas for more than four vehicles that adjoin property zoned for any residential use shall have a dense evergreen planting, opaque fence, masonry wall, and/or such other screening in accordance with the provisions of this chapter and such other applicable ordinances of the Village.
(5) 
Lighting. Any lighting used to illuminate off-street parking areas shall be downward directed and shall be directed away from residential properties and public streets in such a way as not to create a nuisance and shall comply with the requirements of Chapter 75, Article II, Part 20, Outdoor Lighting, of the Village Code.
(6) 
Entrances. Off-street parking shall be provided with entrances and exits so located as to minimize traffic congestion. Except on residential lots, each off-street parking space shall open directly upon an aisle or driveway at least 12 feet wide or such additional width and design as may be required to provide safe and efficient means of vehicular access to such parking space.
(7) 
Unobstructed areas. At points of ingress and egress onto streets for any off-street parking area, no structure, parked vehicle, sign, or plant material shall obstruct a clear path of motor vehicle drivers' vision of approaching vehicles within a triangular square at the intersection of any two street right-of-way lines or the intersection of any street right-of-way lines with any edge of any service or other access drive determined by a line drawn connecting two points located 25 feet equidistant along said right-of-way lines or service or access drive edges from the point of intersection thereof.
(8) 
Front yards. No off-street parking shall be located in the required front yard.
(9) 
Shelter building. No parking lot for accessory off-street parking shall have more than one attendant shelter building, which shall conform to all setback and accessory structure requirements.
(10) 
Signs. Accessory signs shall be permitted in parking areas in accordance with the provisions specified in § 220-1005.
I. 
Computation. When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, a fraction shall be counted as one parking space. The following units of measurement shall apply:
(1) 
Seat or bench. A "seat" shall be the space intended for an individual; in places where patrons or spectators occupy benches, pews, or other seating facilities, each 20 inches of such seating facilities shall be counted as one seat.
(2) 
Employees. "Employees" shall mean the average number of all employees or permanent staff members working or residing on the premises at any one time.
J. 
Minimum spaces required. All uses shall provide off-street parking in accordance with the following:
(1) 
Residential uses.
(a) 
Single- and two-family dwellings: two spaces per dwelling unit.
(b) 
Attached-family dwellings: two spaces per dwelling unit; plus 0.5 guest space for each 1,200 square feet of the dwelling unit.
(c) 
Housing for the elderly.
[1] 
Assisted and independent living: one space per dwelling unit; plus one space per employee for the work shift with the largest number of employees.
[2] 
Nursing home: one space per three dwelling units or beds; plus one space per employee for the work shift with the largest number of employees.
(d) 
Day-care home: one space per resident, plus one space per employee.
(2) 
Hotels and motels: one space per room plus two spaces per each three employees, plus one space per three persons of maximum capacity of each meeting/banquet room, plus parking as required for bars, restaurants, and gift shops as applicable.
(3) 
Civic facilities: three spaces per 1,000 square feet of gross floor area; any outdoor seating area shall require additional parking of three spaces per 1,000 square feet of land area used for outdoor seating.
(4) 
Schools, institutions, and related uses.
(a) 
Elementary schools and high schools: one space per employee; plus one space per classroom, plus one space per five students aged 16 years or older.
(b) 
Colleges, universities and trade schools: one space per employee; plus one space per each three students based upon the maximum number of students that can be accommodated in accordance with design capacity.
(c) 
Day-care center or preschool: one space per employee plus one space per 10 client children or adults.
(d) 
Religious institutions: one space per four seats based upon maximum capacity of the facility, plus adequate space for all vehicles associated with the institution.
(e) 
Hospitals: one space per two beds, plus one space per employee, plus one space per physician.
(f) 
Auditoriums, theaters, and other places of assembly: one space per three seats based upon the maximum capacity of the facility.
(5) 
Recreational uses.
(a) 
Bowling alleys: five spaces per alley; plus one space per employee for the work shift with the largest number of employees; plus additional spaces as required for bars, restaurants, etc.
(b) 
Golf courses: 50 spaces per nine holes; plus one space per employee for the work shift with the largest number of employees.
(c) 
Golf driving range: one space per tee; plus one space per employee for the work shift with the largest number of employees.
(d) 
Health and athletic club: four spaces per 1,000 square feet of activity area.
(e) 
Playing fields and other outdoor recreational uses: one space per 4,000 square feet of active recreation area; but not less than 25 spaces per playing field, plus one space per 1/2 acre of passive recreation area.
(f) 
Swimming pool: one space per 100 square feet of pool area; plus one space per employee for the work shift with the largest number of employees.
(g) 
Other indoor recreational uses and stadiums: one space per four patrons based upon the maximum capacity of the facility; plus one space per employee for the work shift with the largest number of employees.
(6) 
Business establishments: except as otherwise set forth below, four spaces per 1,000 square feet of gross floor area.
(a) 
Animal hospitals: three patron parking spaces per veterinarian; plus one space per employee for the work shift with the largest number of employees.
(b) 
Drive-through: on-site queuing for three waiting vehicles for each drive-through lane which has been approved as a special use.
(c) 
Funeral homes: one space per two patron seats based upon maximum facility capacity; plus one space per employee; plus one space per vehicle owned by the establishment; plus on-site queuing for a minimum of eight vehicles.
(d) 
Restaurant, full-service: one space per three seats of total seating capacity; plus one space per employee for the work shift with the largest number of employees.
(e) 
Restaurant, fast-food: one space per three seats of total seating capacity; plus one space per employee for the work shift with the largest number of employees; plus on-site queuing for a minimum of three vehicles waiting at a drive-through which has been approved as a special use.
(f) 
Taverns, night clubs, and lounges: one space per two seats of total seating capacity; plus one space per employee for the work shift with the largest number of employees.
(g) 
Vehicular repair and maintenance shops: three spaces per service bay; plus one space per employee for the work shift with the largest number of employees.
(h) 
Outside nursery: four spaces per 1,000 square feet of gross floor area; plus one space per 4,000 square feet of outside display area.
(i) 
Self-serve car wash: 1 1/2 spaces per wash stall and four reservoir parking spaces per wash stall.
(j) 
Automatic car wash: two spaces for the number of vehicles that can be in the wash stall at any given time; plus one space for each employee; plus 10 reservoir spaces per wash stall, but not less than a total of 15 reservoir spaces and if the car wash operation offers hand drying of vehicles, not less than 10 reservoir parking spaces for drying.
(7) 
Offices.
(a) 
Government, professional, and business offices: four spaces per 1,000 square feet of gross floor area.
(b) 
Health clinics/offices: six spaces per 1,000 square feet of floor area.
(8) 
Industrial and related uses.
(a) 
Light industry: one space per 1,000 square feet of gross floor area.
(b) 
Self-service storage facility: one space per 10 storage cubicles; and one space per 20 storage cubicles if vehicular access to the storage cubicles is permitted.
(c) 
Warehouse: one space per employee for the work shift with the largest number of employees; plus one space per 5,000 square feet of gross floor area.
(d) 
Wholesale business: four spaces per 1,000 square feet of gross floor area.
(9) 
Other uses. Parking spaces for uses not listed shall be provided in accordance with recommendations as determined by the Zoning Officer.
A. 
General requirements.
(1) 
Location. All required loading berths shall be located on the same zoning lot as the use served. All motor vehicle loading berths which abut a residence district or an intervening alley separating a residential district from a business or industrial district shall be completely screened therefrom by building walls or by a solid fence, wall or door, or densely planted mature shrubbery, or any combination thereof, not less than eight feet in height. No permitted or required loading berth, measured from the closest point of such berth, shall be located within 30 feet of the nearest point of intersection of any two streets. No loading berth shall be located in a required yard.
(2) 
Size. Unless otherwise specified, a required off-street loading berth shall be at least 12 feet in width by at least 30 feet in length (or the length of the longest delivery vehicle used in connection with such use, whichever is greater), exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet.
(3) 
Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. No loading berth shall be located so as to require vehicles to use an intersection with a public street access to the berth other than via a forward movement of such vehicle.
(4) 
Surfacing. All open off-street loading berths shall be surfaced with a dustless all-weather material capable of bearing a live load of 200 pounds per square foot.
(5) 
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities, except emergency repair service necessary to start vehicles.
(6) 
Utilization. Space allocated to an off-street loading use shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
(7) 
Central loading. Central loading facilities may be substituted for loading berths on the individual zoning lots, provided the following conditions are fulfilled:
(a) 
Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at-grade.
(b) 
Total off-street loading berths provided shall meet the minimum requirements herein specified, based on the sum of the several types of uses served. The area of types of uses may be totaled before computing the number of loading berths.
(c) 
No zoning lot served shall be more than 300 feet removed from the central loading area.
(d) 
The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than seven feet in width and have a clearance of not less than seven feet in height.
(8) 
Minimum facilities. Uses for which off-street loading facilities are required herein, but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicle off any adjacent alley, service drive, or open space on the same zoning lot.
B. 
Specific requirements. For the uses herein listed and other similar uses, loading berths shall be provided as follows:
(1) 
Required loading berths by use.
(a) 
For the uses listed hereunder, one loading berth shall be provided for buildings containing 10,000 square feet to 100,000 square feet of gross floor area, plus one additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof.
[1] 
Banks and other financial institutions;
[2] 
Business and other professional offices;
[3] 
Convention and exhibition halls;
[4] 
Health and medical institutions;
[5] 
Hotels and motels containing retail shops, business or professional offices, convention or exhibition halls or auditoriums;
[6] 
Indoor recreation and entertainment facilities;
[7] 
Public and administration buildings;
[8] 
Theaters (indoors); or
[9] 
Funeral homes.
(b) 
For the uses listed hereunder, one loading berth shall be provided for buildings containing 100,000 square feet to 200,000 square feet of gross floor area, plus one additional loading berth for each additional 200,000 square feet of gross floor area or fraction thereof.
[1] 
Auditoriums.
[2] 
Charitable institutions.
[3] 
Clubs and lodges.
[4] 
Hotels and motels containing no retail shops, business or professional offices, convention or exhibition halls or auditoriums.
[5] 
Meeting halls.
[6] 
Multiple-family dwellings with more than four dwelling units per building.
[7] 
Religious institutions.
[8] 
Schools and educational facilities.
(c) 
For the uses listed hereunder, one loading berth shall be provided for buildings containing 5,000 square feet to 40,000 square feet of gross floor area. For buildings containing 40,000 square feet to 100,000 square feet of gross floor area, two loading berths shall be provided plus one additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof.
[1] 
Cartage, express and motor freight facilities.
[2] 
Cleaning, repairing, servicing and testing establishments.
[3] 
Light industry.
[4] 
Laundries and dry-cleaning facilities.
[5] 
Mail-order houses.
[6] 
Printing and publishing.
[7] 
Research facilities.
[8] 
Warehousing, storage and wholesale establishments.
(d) 
For all other uses, including but not limited to those listed hereunder, loading berths shall be provided in accordance with the following schedule:
Schedule of Loading Berths
Floor Area
(square feet)
Minimum Number
5,000 to 20,000
1
20,000 to 60,000
2
60,000 to 100,000
3
For each additional 100,000 square feet of floor area or fraction thereof
1 additional
[1] 
Convenience stores;
[2] 
Furniture and appliance stores;
[3] 
Grocery stores;
[4] 
Retail stores and wholesale uses;
[5] 
Restaurants and other establishments handling the sale or consumption of food or beverage on the premises; or
[6] 
Any other uses not described herein.
A. 
Purpose. The purpose of this section is to allow adjustments to the minimum number of parking spaces required to avoid construction of unnecessary and excessive off-street parking facilities. Reducing the requirements for off-street parking facilities is intended to provide for more cost-efficient site development, to minimize impervious surface, to minimize stormwater runoff, to avoid construction of unnecessarily large stormwater management facilities, and to provide more landscape areas and open space on business and industrial sites. To achieve these purposes, the Village Board, upon recommendation of the Zoning Officer, may reduce the minimum number of required off-street parking spaces in specific cases.
B. 
Adjustments. In all nonresidential districts, the minimum number of required parking spaces may be adjusted by the Village Board on a case-by-case basis. The petitioner for such an adjustment shall show that adequate parking will be provided for customers, clients, visitors, and employees. The following provisions and factors shall be used as a basis to adjust parking requirements:
(1) 
Evidence that actual parking demands will be less than ordinance requirements. The petitioner shall submit written documentation and data to the Zoning Officer that the operation will require less parking than this chapter requires.
(2) 
Availability of joint, shared or off-site parking. The petitioner shall submit written documentation to the Zoning Officer that joint, shared or off-site parking spaces are available to satisfy the parking demand.
(a) 
Agreements shall be provided which demonstrate evidence that either parking lots are large enough to accommodate multiple users (joint parking) or that parking spaces will be shared at specific times of the day (shared parking, where one activity uses the spaces during daytime hours and another activity uses the spaces during evening hours.)
(b) 
Off-site parking lots may account for not more than 50% of the required parking and shall be located not more than 300 feet from the principal use that it is intended to serve.
(c) 
When a reduction of parking spaces attributable to shared parking or off-site parking is requested, the petitioner shall submit written verification that such parking is available and shall include copies of any contracts, joint lease agreements, purchase agreements, and other such documentation to show that shared parking can be accomplished. Off-site shared parking spaces shall be clearly posted for the joint use of employees, and/or tenants, or customers of each respective use sharing those spaces.
(3) 
Banked parking spaces. As a condition of a reduction in parking requirements, the Village Board may require banked parking spaces. In such cases, the site plan for the business or industrial use shall provide sufficient open space on the subject site to accommodate the additional parking space otherwise required by this chapter. Such open space shall be in addition to required yards, setbacks, driveways, private streets, loading and service areas. Sufficient open space shall be provided which, if converted to parking spaces, would provide off-street parking to meet the full requirements of this chapter at the time of application.
C. 
Change in occupancy or use. When the use of a building, structure, or land is changed to another use or occupancy that requires more parking spaces than required for the use existing prior to such change, additional parking spaces shall be constructed for the new use or occupancy in the amount necessary to conform to this chapter.
D. 
Changes in intensity of use. When the intensity of use of a building, structure, or land is increased by an addition of employees, gross floor area, seating capacity, or other unit of measurement, additional parking spaces shall be constructed for the new use or occupant in the amount necessary to conform to this chapter.
E. 
Compliance with other standards. Parking spaces and locations shall satisfy the applicable requirements of the Americans with Disabilities Act, Illinois Environmental Barriers Act (410 ILCS 25/1 et seq.), and the standards set forth in the Illinois Accessibility Code (71 Ill. Adm. Code 400).
[Amended 6-26-2007 by Ord. No. 07-038; 7-26-2011 by Ord. No. 11-029; 5-22-2012 by Ord. No. 12-026; 9-11-2012 by Ord. No. 12-047; 5-28-2013 by Ord. No. 13-036; 8-27-2013 by Ord. No. 13-048; 6-24-2014 by Ord. No. 14-035; 1-22-2020 by Ord. No. 20-001]
A. 
Purpose. The purpose of this section is to establish equitable regulations and promote excellence in visual communication for all business and non-business uses through signage within the Village of Homer Glen. These regulations were developed with the following intentions:
(1) 
To establish the Village's substantial and compelling interest in regulating signs in a manner as to reduce the effects and impacts signs have on the public health, safety, and welfare.
(2) 
Promote local commercial and industrial activity by allowing the reasonable, orderly, and effective display of signs.
(3) 
Improve the appearance of the Village and streetscape by regulating the type, size, and location of signs.
(4) 
Ensure signs are designed as integral architectural elements of the building and site to which they principally relate.
(5) 
Preserve the value of private property by assuring the compatibility of signs with surrounding land uses.
(6) 
To support the Village's economy by recognizing the need for adequate site identification and maintaining effective communication between signs and the public.
(7) 
To protect the general public, pedestrians, and motorists within the Village by assuring the design, location, construction, and maintenance of signs, allow safe navigation and travel throughout the Village and ensure signs do not create distractions, obstructions, and hazards.
(8) 
To encourage signs that support adopted Village guidelines, standards, and plans or the principles within said documents.
B. 
Regulations by zoning district.
(1) 
Regulations for all zoning districts. The following provisions shall apply in all zoning districts unless otherwise set forth herein:
(a) 
The requirements of this section shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, removal and relocation of all signs within all zoning districts. The requirements of this section shall be in addition to provisions of the Village's building codes.[1]
[1]
Editor's Note: See Ch. 75, Buildings.
(b) 
Interpretation. All regulations within this section shall be interpreted by the Planning and Zoning Department. An interpretation may be appealed to the Village Board for a final decision.
[1] 
Conflict. In the event of a conflict within this section and/or between this section and any provision within another Village Code, the most restrictive regulation shall apply.
[2] 
Substitution clause. To the extent the regulations of this § 220-1005 permit commercial signs, such regulations are also to permit noncommercial signs.
[3] 
Minimum and maximum. All provisions herein shall be interpreted as maximum allowable regulations, unless otherwise noted.
(c) 
All signs permitted under the Highway Advertising Control Act of 1971 (225 ILCS 440/1 et seq.), as amended, shall be permitted therein, provided such signs conform to the provisions of this section.
(d) 
Location.
[1] 
No sign or sign structure, unless exempted, shall be attached to a tree, telephone pole or other utility pole or structure.
[2] 
No sign shall be erected or located in a public right-of-way except as established and authorized by the public entity having jurisdiction over the right-of-way.
[3] 
All ground-mounted signs shall be set back 10 feet from any property line with the exception of signs in business districts which shall be set back five feet from any property line. All ground-mounted signs shall conform to the clear vision requirements of § 220-808 of the Village Code.
(e) 
No discrimination against noncommercial signs or speech. The owner of any legal sign may substitute noncommercial copy within the allowable sign copy area of the sign in lieu of any other commercial or noncommercial copy in accordance with the following:
[1] 
The substitution of copy must adhere to the Village Code and may be executed without any additional approval or permitting from the Village.
[2] 
The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message.
[3] 
This provision does not create a right to increase the total amount of signage on a parcel or allow the substitution of an off-site commercial message in place of an on-site commercial message.
(f) 
No sign, or portion thereof, shall rotate, flash, flutter, or appear to move except as otherwise specifically permitted herein.
(g) 
Permanent window signs shall conform to the requirements for and shall be deemed wall signs under the provisions of the zoning district in which they are located. Signs mounted on awnings, canopies, marquees or similar structures shall also be deemed to be wall signs.
(h) 
In all zoning districts, the property owner shall be permitted to construct and maintain not more than three flagpoles, which shall be within the buildable area of the required front yard. In all cases, flagpoles shall be located not less than 10 feet from any property line, shall be no taller than 30 feet and shall be utilized to display the American flag, state and county flags or other corporate, national or organizational flags. Such flagpoles shall be used exclusively as flagpoles and shall not also serve as light poles. Each flagpole may have a light fixture so that the flag may be illuminated during nighttime hours. Except with respect to flagpoles displaying the American flag, state, county or municipal flags, all such light fixtures shall be shielded and directed downward.
(i) 
All permanent ground-mounted signs shall have landscaping at their base equivalent in area to 1 1/2 square feet for every one square foot of area of the sign. The landscaping should have year-round interest and should include shrubs, ornamental grasses and perennials. Sodded or seeded areas shall not qualify as landscaping. The landscaping should be large enough to cover or soften the base of the sign without blocking the sign copy. All planting beds shall be mulched with three inches of organic mulch. A landscape plan for ground signs, which will be reviewed administratively, shall be submitted with the associated sign permit. All landscaping shall conform to the clear vision requirements of § 220-808 of the Village Code.
(j) 
All wall signs shall consist of channel letters and/or a business logo sign. Dimensional surface signs are also permitted wall signs. Box signs are not a permitted type of wall sign.
(k) 
Except as otherwise specifically permitted herein, signs advertising an activity, service or business that does not take place on the premises where the sign is erected are prohibited.
(l) 
Except as hereinafter provided, all signs shall require sign permits, which shall be issued by the Village. (See § 220-1005J, Administration and enforcement.)
(m) 
Except as hereinafter provided, when a sign is not specifically listed as permitted in a zoning district, such sign shall be expressly prohibited.
(n) 
The use of LED string or neon-tube lighting or similar type of illumination shall be prohibited and shall not be affixed to the outside of a building or within one foot of a window or sign inside or outside of the building.
(2) 
Permitted signs in agricultural districts (A-1 and A-2). The following signs require a sign permit and are allowed in agricultural districts:
(a) 
Farm produce signs. A roadside stand for the sale of produce grown on or in the immediate adjacent area of the premises shall be permitted one sign per stand that shall not exceed 18 square feet of total copy area and shall be constructed not more than six feet in height above grade.
(3) 
Permitted signs in residential districts (E-1, E-2, R-1 through R-6A). The following signs require a sign permit and are allowed in all residential districts, subject to the requirements within the subsequent tables. The following terms are used in the tables in order to further explain or abbreviate the sign regulations.
ROW
Right-of-way
SF
Square foot
SCA
Sign copy area
SFA
Sign face area
GFA
Gross floor area
RES
Residential
NON-RES
Nonresidential
Table B(3)
Residential Zoning Districts
(E-1, E2; R-1 through R-6A)
Sign Types
Tenant Land Use
Maximum Total Copy Area
Maximum Number of Signs
Maximum Sign Height
Additional Regulations
Channel Letter Sign/Business Logo Sign/Dimensional Surface Sign (Wall Signs)
Res
N/A
N/A
N/A
Non-Res
1.25 times the number of lineal feet of building or tenant frontage facing a public street or private circulation road
1 per building elevation per business or tenant facing a public street or private circulation road
N/A
Wall signs are not permitted on a building elevation adjacent to residentially zoned property
Awning Sign
Res
Prohibited
Non-Res
20% of visible surface area of an awning, not including the awning valance
1 per building elevation per business or tenant facing a public street or private circulation road
N/A
In addition to a wall sign, 1 awning or canopy sign is permitted
Canopy Sign
Res
Prohibited
Non-Res
20% of visible surface area of each side of the canopy
1 sign per each side of the canopy Only 1 canopy per building elevation per business or tenant may have canopy signs
N/A
Projecting/Blade Sign
Res
Prohibited
Non-Res
10 SF for projecting signs; 15 SF for blade signs
1 sign per tenant
N/A
Monument/Dual Post Sign
Res
See Development Sign Standards
Non-Res
32 SF for sign copy area. The sign face area shall not exceed 100 SF
1 per zoning lot
6 FT
Manual Changeable Copy Sign
Res
Prohibited
Non-Res
30% of the sign copy area
N/A
N/A
Manual changeable copy signs are allowed only as part of a monument sign or a dual post sign
Electronic Message Sign
Res
Prohibited
Non-Res
Prohibited
Window Sign
Res
Prohibited
Non-Res
Window signs shall not exceed 30% of the total window area.
Pole/Pylon Sign
Res
Prohibited
Non-Res
Prohibited
Development Sign
Res
24 SF
Non-Res
See Monument Sign Standards
(4) 
Permitted signs in business districts (C-1 through C-6). The following signs are allowed in all business districts, subject to the requirements within the subsequent tables. The following terms are used in the tables in order to further explain or abbreviate the sign regulations.
ROW
Right-of-way
SF
Square foot
SCA
Sign copy area
SFA
Sign face area
GFA
Gross floor area
RES
Residential
NON-RES
Nonresidential
Table B(4)
Business Zoning Districts
(C-1 through C-6)
Sign Types
Maximum Total Copy Area
Maximum Number of Signs
Maximum Sign Height
Additional Regulations
Channel Letter Sign/Business Logo Sign/Dimensional Surface Sign (Wall Signs)
1.25 times the number of lineal feet of building or tenant frontage facing a public street or private circulation road
1 per building elevation per business or tenant facing a public street or private circulation road
N/A
Wall signs are not permitted on a building elevation adjacent to residentially zoned property
Awning Sign
20% of visible surface area of an awning, not including the awning valance
1 per building elevation per business or tenant facing a public street or private circulation road
N/A
Canopy Sign
20% of visible surface area of each side of the canopy
1 sign per each side of the canopy. Only 1 canopy per building elevation per business or tenant may have canopy signs
N/A
Projecting Sign/Blade Sign
10 SF for projecting signs; 15 SF for blade signs
1 sign per tenant
N/A
Monument/Dual Post Sign
1 SF/3 lineal feet of public street frontage, not to exceed 65 SF of copy area for single tenant signs and 80 SF of copy area for multitenant signs. The sign face area shall not exceed 100 SF for single tenant signs and 120 SF for multitenant signs
1 per lot frontage. 1 additional sign at least 300 FT apart
10 FT for single-tenant buildings; 15 FT for multitenant buildings
Manual Changeable Copy Sign
25% of the sign copy area
N/A
N/A
Manual changeable copy signs are permitted only as part of a monument sign or dual post sign
Electronic Message Sign
Prohibited
1.
Allowed only for gasoline price signs accessory to automobile service that is maintained to show current gasoline prices at all times
2.
Lighting intensity shall comply with illumination standards in Chapter 75, Article II, Part 20, of the Village Code
3.
The electronic display shall not exceed 50% of the entire sign copy area
4.
Allowed only in lieu of manual changeable copy area; shall not have both manual changeable copy and electronic message on a monument sign or a dual post sign
Window Sign
Window signs shall not exceed 30% of the total window area
Pole/Pylon Sign
Prohibited
Development Sign
32 SF
1 per entrance
6FT
Planned developments consisting of more than 2 acres are permitted to have one development sign when such use is allowed in the business district
(5) 
Permitted signs in industrial districts (I-1 and I-2). The following signs require a sign permit and are allowed in the industrial districts, subject to the requirements within the subsequent tables. The following terms are used in the tables in order to further explain or abbreviate the sign regulations.
ROW
Right-of-way
SF
Square foot
SCA
Sign copy area
SFA
Sign face area
GFA
Gross floor area
RES
Residential
NON-RES
Nonresidential
Table B(5)
Industrial Zoning District
(I-1 and I-2)
Sign Types
Maximum Total Copy Area
Maximum Number of Signs
Maximum Sign Height
Additional Regulations
Channel Letter Sign/Business Logo Sign/Dimensional Surface Sign (Wall Signs)
1.25 times the number of lineal feet of building or tenant frontage facing a public street or private circulation road
1 per building elevation per business or tenant facing a public street or private circulation road
N/A
Wall signs are not permitted on a building elevation adjacent to residentially zoned property
Awning Sign
20% of visible surface area of an awning, not including the awning valance
1 per building elevation per business or tenant facing a public street or private circulation road
N/A
Canopy Sign
20% of visible surface area of each side of the canopy
1 sign per each side of the canopy. Only 1 canopy per building elevation per business or tenant may have canopy signs
N/A
Projecting Sign/Blade Sign
15 SF for projecting signs; 20 SF for blade signs
1 sign per tenant
N/A
Monument/Dual Post Sign
1 SF/2 lineal feet of public street frontage, not to exceed 65 SF of copy area. The sign face area shall not exceed 100 SF
1 per lot frontage; 1 additional sign at least 300 FT apart
10 FT for single tenant buildings; 15 FT for multitenant buildings
Manual Changeable Copy Sign
Prohibited
Electronic Message Sign
Prohibited
Window Sign
Window signs shall not exceed 30% of the total window area
Pole/Pylon Sign
Prohibited
Development Sign
32 SF
1 per entrance
6 FT
(6) 
Permitted signs in the Government Buildings and Public Schools District (P-1). The following signs require a sign permit and are allowed in the P-1 District, subject to the requirements within the subsequent tables. The following terms are used in the tables in order to further explain or abbreviate the sign regulations.
ROW
Right-of-way
SF
Square foot
SCA
Sign copy area
SFA
Sign face area
GFA
Gross floor area
RES
Residential
NON-RES
Nonresidential
Table B(6)
Government Buildings and Public Schools Zoning District
(P-1)
Sign Types
Maximum Total Copy Area
Maximum Number of Signs
Maximum Sign Height
Additional Regulations
Channel Letter Sign/Business Logo Sign/Dimensional Surface Sign (Wall Signs)
1.25 times the number of lineal feet of building or tenant frontage facing a public street or private circulation road
1 per building elevation per business or tenant facing a public street or private circulation road
N/A
Wall signs are not permitted on a building elevation adjacent to residentially zoned property
Awning Sign
20% of visible surface area of an awning, not including the awning valance
1 per building elevation per business or tenant facing a public street or private circulation road
N/A
In addition to a wall sign, 1 awning or canopy sign is permitted
Canopy Sign
20% of visible surface area of each side of the canopy
1 sign per each side of the canopy. Only 1 canopy per building elevation per business or tenant may have canopy signs
N/A
Projecting Sign/Blade Sign
10 SF for projecting signs; 20 SF for blade signs
1 sign per tenant
N/A
Monument/Dual Post Sign
32 SF of copy area. The sign face area shall not exceed 100 SF
1 per lot frontage; 1 additional sign at least 300 FT apart
6 FT
Manual Changeable Copy Sign
30% of the sign copy area
N/A
N/A
Manual changeable copy signs are allowed only as part of a monument sign or a dual post sign
Window Sign
Window signs shall not exceed 30% of the total window area
Pole/Pylon Sign
Prohibited
Development Sign
Prohibited
C. 
General regulations.
(1) 
Application. The regulations within this section apply to all properties within the Village's municipal boundaries except for those properties owned, used, leased, or controlled by the Village. Village signage on Village property is exempt due to the inherent public purpose of such messaging and sign copy. All signs on the exterior of a property, building, or structure, and interior signs visible from exterior windows are subject to the regulations within this section.
(2) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AREA OF SIGN
The entire geometric area within a single continuous perimeter enclosing the extreme limits of the actual surface of a single-faced sign. It does not include any structural elements outside the limits of such signs and not forming an integral part of the sign face.
AWNING
An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid skeleton structure over which a covering, such as heavy canvas, is attached.
AWNING SIGN
Any wall sign integrally attached or imprinted on the face or valance of an awning.
BACK-LIT LETTER
A channel letter, with an open or translucent back, that is illuminated. Light is directed against a surface behind the letter, producing a halo effect. Also known as a silhouette or halo lighted.
BOX SIGN
A sign which contains all of the advertising copy within an enclosed cabinet (typically a standard geometric shape such as a rectangle) and is mounted to a wall. Box signs have a translucent or opaque back-lit panel with sign copy enclosed within a frame or a cabinet. A business logo sign shall not constitute a box sign.
BUILDING FRONTAGE
The linear length of the outside building wall facing the public right-of-way or, in the case of a multitenant building, the linear length of the outside building wall of the individual tenant unit facing the parking area which serves as the primary access for the multitenant building or multistory building.
BUILDING SIGN
Any sign affixed to a building that directs attention to a business or profession conducted, or to a commodity, service or entertainment sold, offered, or manufactured, upon the premises where such sign is located or to which it is affixed.
BUILDING WALL
The wall area in one plane or elevation of a building.
BUSINESS LOGO SIGN
A wall sign that may be constructed as an enclosed cabinet in which the extent of the area of the sign is limited to a business logo. This sign shall have dimensional surface and may be internally illuminated.
BUSINESS SIGN
Any sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered, upon the premises where such sign is located.
CANOPY
An overhead roof structure that has open sides. Canopies can be constructed out of rigid or nonrigid materials. Canopies are typically intended to provide shelter from the rain or sun, but may also be for decorative purposes, or to give emphasis to a route or part of a building. A canopy may be freestanding or attached to a building and may or may not be ground-mounted.
CANOPY SIGN
A wall sign which is permanently affixed to a canopy.
CHANGEABLE COPY SIGN
A sign on which message copy can be changed through the use of attachable letters and numerals that are changed manually.
CHANNEL LETTER SIGN
A wall sign made of self-contained letters that are affixed to an electrical raceway or affixed directly to the face of a building that does not project above the top of the parapet wall, does not project above any portion of the roofline, does not project beyond the sidewall of the building and which does not project above or below a marquee. Channel letters may or may not be internally illuminated.
COPY AREA
The area in square feet of the smallest geometric figure that can be described so as to enclose the actual copy/letters and logo of a sign. (See illustration below.) The background color of a dimensional surface sign is included within the measurement of sign copy area for wall signs unless otherwise considered an architectural feature by the Planning and Zoning Department. The copy area of a projecting/blade sign or freestanding ground-mounted sign is calculated on one face of the sign only.
DEVELOPMENT SIGN
A permanently ground-mounted identification sign of residential, commercial, or industrial developments.
DIMENSIONAL SURFACE SIGN
A wall sign consisting of three-dimensional letterforms applied to or raised from a separate, solid, flat background. The message may be in relief or depressed by means of carving, etching, routing, and positive or negative cutout. The graphic design of the sign face shall ensure that each letter shall receive a structural outline element that causes a visual break with each letter, numeral, character or logo bordering to either side. A dimensional surface sign may not be constructed as a box sign.
DIRECTIONAL SIGN
A sign designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property where the public is directed, provided such sign shall contain no advertising copy.
DIRECTORY SIGN
A sign listing the names and locations of various businesses or activities conducted within a building or group of buildings on the premises where such sign is attached.
DUAL POST SIGN
A type of freestanding ground-mounted sign that utilizes two posts or columns that are used to mount the sign in the ground.
DYNAMIC DIGITAL SIGN
A large screen or series of screens that display a message, image, or series of images.
ELECTRONIC MESSAGE SIGN
A changeable information display that is electrically activated, such as with light bulbs, video display, or mechanical flip discs, to convey information through changing letters, numbers, figures or similar depictions, provided such information. An electronic message sign is not a dynamic display sign. Time-and-temperature signs and gas station price signs shall not be considered electronic message signs. Athletic scoreboards on public property shall not be considered electronic message signs.
FACE OF SIGN
The entire area of a sign where copy could be placed.
FLASHING SIGN
Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever. Time-and-temperature signs shall not be considered flashing signs.
FREESTANDING SIGN
A sign which is not attached to a building.
GRADE, NATURAL
The preconstruction elevation at the level of the street closest to the sign to which the sign is oriented, measured at the street's center line. Notwithstanding the foregoing, if the sign is located more than 75 feet from the right-of-way, "grade" shall mean the average ground elevation of the lot on which the sign is located.
GROUND-MOUNTED SIGN
A sign which is attached to the ground and may be completely or principally supported by a single base, one or more posts or other support structure.
HEIGHT OF SIGN
The vertical distance measured from the average natural grade at the foot of the sign to the highest point on the sign.
ILLUMINATED SIGN
A sign that is illuminated either by means of exposed tubing or lamps on its surface, on the ground, or by means of illumination transmitted through the sign letters or faces.
LEGAL NONCONFORMING SIGN (GRANDFATHERED SIGN)
Any sign which was lawfully erected and maintained prior to such time as it became subject to the requirements of this chapter, and any amendments thereto, and which fails to conform to all the applicable regulations and restrictions of this chapter.
MOBILE SIGN
A portable sign mounted on a trailer.
MONUMENT SIGN
A freestanding ground-mounted sign where the support base of the sign is solid with no gaps.
MULTITENANT BUILDING
A building that houses more than one tenant.
NAMEPLATE
A wall sign which does not exceed two square feet in size and is mounted to the principal building or mailbox.
OFF-PREMISES ADVERTISING SIGN
Any advertising device, billboard, poster, notice or display which directs attention to an object, product, place, activity, person, institution, organization or business that is not located on the property where the sign is located, but not including a temporary sign or a sign advertising the activity being conducted upon the property upon which it is located.
OFF-STREET PARKING
A public or private parking area designed in accordance with the requirements of this chapter.
POLE SIGN
A freestanding sign, usually double-faced, mounted on a round pole, square tube, or other fabricated members without any type of secondary support.
PORTABLE SIGN
A portable sign is one type of temporary sign not permanently attached to the ground, building, or to any other structure, typically installed for a short time period.
PRIVATELY OWNED CIRCULATION ROAD
A privately owned road that functions mainly as a collector and distributor of customer traffic.
PROJECTING/BLADE SIGN
Any sign other than a wall sign which is attached to, and extends from the face of the wall of the building to which it is affixed. Projecting signs are oriented horizontally and blade signs are oriented vertically. No guylines, braces or secondary supports shall be used. Any angle iron or main support shall be enclosed in a wood, plastic or metal form, such that the angle iron or main support for the sign is not visible. A projecting/blade sign is not/may not be constructed as a box sign.
PUBLIC RIGHT-OF-WAY
A strip of land on which infrastructure such as roads, railroads or power lines is built. The right-of-way is owned by a public jurisdiction.
PUBLIC SERVICE SIGN
A sign posted on public or quasi-public property, the function of which is to promote items of general interest to the community.
PYLON SIGN
A freestanding sign with a support structure similar to pole signs, but enclosed by a cover. The defining feature of a pylon sign is typically its rigid face, supported by either one or two metal poles.
RACEWAY
An electrical enclosure that can also be used to attach a sign to the structure.
ROOF SIGN
A building-mounted sign erected upon and completely over the roof of the building.
SIGN
A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, pole or other surface or piece of land, including pennants, which directs attention to an object, product, place, activity, person, institution, organization or business; provided, however, "sign" shall not include any display of official court or public office notices or any other notices required by statute or Village ordinance, nor shall it include a flag, emblem or insignia of a nation, political unit, school or religious group. "Sign" shall not include a sign located completely within an enclosed building unless the content is readily visible from a street or other public place.
SIGN FACE
The entire area within a continuous perimeter enclosing the extreme limits of a sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. The sign face area includes the sign copy area plus the non-copy area background. The area of a sign face shall be determined by calculating the area within a single continuous perimeter encompassing the entire advertising copy or art designed to attract attention. The area within the single continuous perimeter shall be calculated by determining the area of the smallest measurable square, circle, rectangle, or triangle within the single continuous perimeter. For ground signs with multiple faces: when two identical ground sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure, the sign face area shall be the area of one side of the sign. In all other circumstances, the sign face area of a ground sign shall be the total sign face area of all sign faces on the ground sign.
SIGN STRUCTURE
A structure that supports, has supported or is capable of supporting a sign, including a decorative cover. No guy wire, braces, or secondary supports are to be used. Any angle iron or main support is to be enclosed in a wood, plastic, or metal form, such that the angle iron or main support is not visible.
TEMPORARY BUSINESS IDENTIFICATION SIGN
A business sign that is used for:
(a) 
A newly opened or relocated business prior to the arrival of its permanent signage; or
(b) 
A temporary business that is housed in a brick-and-mortar building.
TEMPORARY EVENT SIGN
A sign advertising the existence of an event of a temporary nature for a limited period of time.
TEMPORARY SIGN
A sign, banner, pennant, valance, inflatable device, or advertising display constructed of cloth, canvas, fabric, cardboard, wallboard, or other light materials, with or without frames, which is not permanently installed or affixed to any sign structure.
UNLAWFUL SIGN
A sign which contravenes this chapter or which the Village may declare as unlawful if it becomes dangerous to public safety by reason of dilapidation or disrepair or a nonconforming sign for which a permit required under this chapter has not been obtained.
VEHICLE SIGN
Any sign painted on, attached to, or mounted upon any operable or inoperable motor vehicle.
WALL SIGN
A sign which is affixed to the face of the wall of the building, and which does not extend beyond the horizontal width or vertical height of such building. A wall sign shall only be a building sign or a business sign as designated herein.
WINDOW SIGN
A sign installed inside a window for purposes of viewing from outside the premises. This term does not include merchandise located in a window.
(3) 
Prohibited signs. Except as specifically provided otherwise within this section, the following signs and displays shall be strictly prohibited throughout the Village:
(a) 
Flashing signs.
(b) 
Moving, rotating, or animated signs.
(c) 
Off-premises signs.
(d) 
Painted wall signs.
(e) 
Roof signs. No sign shall be constructed or maintained on any portion of the roof of a building, nor shall such sign project above any portion of the roof or parapet wall, whichever is higher.
(f) 
Signs displaying obscene or other unlawful matter as determined by the Development Services Department.
(g) 
Signs imitating or resembling official traffic or governmental signs or signals.
(h) 
Inflatable signs.
(i) 
Searchlights or portable spotlights.
(j) 
Signs with more than two sign faces.
(k) 
Pole-mounted signs.
(l) 
Pylon signs.
(m) 
Box signs, unless subordinate to a primary allowable sign and meeting the following conditions:
[1] 
Shall not exceed 20% of the sign face area.
[2] 
Shall have an opaque background so only lettering is illuminated.
(n) 
Portable sign.
(o) 
Pennants.
(p) 
Any sign which constitutes a hazard to public health or safety, including dangerous construction or sight obstructions, as determined by the Planning and Zoning Department.
(q) 
Abandoned or obsolete signs, including the posts or other supports therefor, that are no longer being properly maintained by the owner of the sign.
(r) 
Commercial signs on a vehicle where said vehicle is parked adjacent to or near the right-of-way for the purposes of identifying or calling attention to the business, and is not used for daily operations or during the regular course of business, or is not licensed, insured, or operational.
(s) 
Electronic message and dynamic display signs in all residential, commercial and industrial districts.
(t) 
Yard (pin) signs, except as authorized in the temporary sign section.
(u) 
Feather/flag signs.
(v) 
Mobile signs.
(4) 
Prohibited placement of signs.
(a) 
Signs affixed to or painted on parkway trees, utility poles, streetlights, or traffic signals.
(b) 
Signs affixed to fences, except "No Trespassing," "No Parking/Towing" and "Beware of Dog" signs in accordance with all other applicable sections of this article.
(c) 
Signs on, or overhanging, public property or a public right-of-way, except projecting/blade signs and under canopy signs.
(d) 
Signs within 10 horizontal feet of a conductor or public utility guy wire.
(e) 
Signs that interfere with clear vision at or near the intersection of two public streets or the intersection of any driveway and street in an area within the sight triangle, as defined in § 220-808 of the Village Code.
(f) 
Signs on easements unless specifically designated for a sign.
(g) 
Internally or externally illuminated signs affixed to a building wall adjacent to a residential district.
(5) 
Exempt signs. The following signs are exempt from the requirement to obtain a sign permit. Such signs shall meet the maintenance standards within § 220-1005K, design standards, within § 220-1005H, and standards for temporary signs in § 220-1005F unless determined inapplicable by the Planning and Zoning Department.
(a) 
Temporary signs in agricultural and residential zoning districts.
(b) 
Temporary construction signs.
(c) 
Nameplate. One nameplate shall be permitted for each use. The maximum area of such nameplate shall be two square feet, and such nameplate shall be affixed flat against a wall or door or may extend up to 18 inches from a wall, provided safe access is available for pedestrians.
(d) 
Accessory signs.
[1] 
Not more than one sign shall be permitted for each entrance/exit to a multiple-family development or nonresidential use. Except as otherwise required by law. Such sign shall contain no more than two square feet of total copy area; may be illuminated; shall be constructed not more than three feet in height above grade; shall be located not less than six feet from any property line; and shall contain no commercial advertisements.
[2] 
One sign may be erected for each separate parking area. Such parking area sign may be double-faced and shall contain not more than six square feet of total copy area per face. The sign may be illuminated. The sign shall be constructed not more than five feet in height above grade and shall be located not less than six feet from any property line.
(e) 
Governmental signs. Governmental signs incidental thereto for identification, information, directional, or public safety purposes erected or required by governmental bodies, or authorized for a public purpose by any law, statute or ordinance, such as traffic control signs and legal notices, including those located in the public right-of-way.
(f) 
Light pole banners.
(g) 
Window displays.
(h) 
Window signs, not exceeding 30% of the total window area. Window signs shall be located on the interior side of the window.
(i) 
Sandwich boards/A-frames.
(j) 
Electronic message signs located on a sports field owned by a public institution or government entity. The electronic message of such signs shall not be viewable from an adjacent residential use.
(k) 
Menu boards, having an electronic message or dynamic displays when associated with a drive-through facility.
(6) 
Temporary signs. The following temporary signs are permitted in all districts, subject to requirements hereinafter specified. Signs exceeding the requirements of this section shall be required to have permits and shall conform to the requirements for permanent signs in the zoning district where they are located.
(a) 
Temporary signs in agricultural, residential and government buildings and public schools zoning districts.
[1] 
Temporary signs shall not be erected for more than 30 days in a calendar year.
[2] 
The total copy area for all temporary signs in agricultural and residential zoning districts shall not exceed eight square feet, and in the Government Buildings and Public Schools District shall not exceed 25 square feet. No such sign shall exceed four feet in height above grade.
[3] 
Quantity. Two yard signs are allowed per zoning lot, under the following qualifying conditions or exceptions:
[a] 
The subject property has an active building permit. Such temporary sign shall be removed no later than seven days after the expiration of the building permit, or issuance of a certificate of occupancy, whichever occurs first.
[b] 
The subject property, or buildings therein, are currently for sale, lease, or rent. Such temporary sign shall be removed no later than seven days after the sale, rental, or lease agreement is finalized.
[c] 
The number of yard signs may be increased equal to the number of candidate positions and proposed referendums that appear in an upcoming election. Such temporary signs shall be removed seven days following an election.
[4] 
Except as authorized above, all temporary signs shall be removed from the premises within 24 hours after the expiration of the permit.
(b) 
Temporary signs in commercial, office and industrial zoning districts.
[1] 
Up to two temporary signs are permitted per business and are limited to one wall sign and one ground-mounted sign. For zoning lots with more than one business, the maximum number of ground-mounted signs allowed to be displayed at any given time is one per 50 linear feet of building frontage along the public street. Such temporary ground-mounted signs may be illuminated per the requirements of Chapter 75, Article II, Part 20, Outdoor Lighting. Ground-mounted temporary signs may be double-faced. The total gross surface area of the sign face shall not exceed 25 square feet.
[2] 
One sign permit shall be obtained for all temporary signs per the calendar year. Permits for temporary signs shall be valid for a period of 91 days.[2] This time period can be used in one continual time period or can be split into 13 separate seven-day periods throughout the year. All such signs shall be removed from the premises within 24 hours after the expiration of the permit.
[2]
Editor's Note: Section 2 of Res. No. 19-002, adopted 9-25-2019, states that Village staff shall not enforce the ninety-one-day display time limit for temporary signs for 159th Street corridor businesses located within the IDOT 159th Street Road Improvement Project limits through 12-31-2020, with further deadline extension beyond 12-31-2020 subject to Village Board approval. All other temporary sign regulations remain in effect, and temporary sign permits may be revoked and signs removed or replaced if other applicable regulations are not followed or if the temporary sign becomes unsightly. Refer to Res. No. 19-002 for a description of the IDOT 159th Street Road Improvement Project limits.
[3] 
The permit holder shall notify the Village of the dates that the temporary sign shall be displayed. This can be provided to the Village either once, at the start of the calendar year, or can be provided to the Village at various times during the calendar year.
(c) 
Temporary business identification signs.
[1] 
A temporary business identification sign must be a weatherproof banner affixed to the facade of the building and cannot be ground-mounted.
[2] 
A temporary business identification sign must adhere to the standards for placement and size for a wall sign in the subject zoning district.
[3] 
A temporary business identification sign permit is valid for 91 days. All such signs shall be removed from the premises within 24 hours after the expiration of the permit.
(d) 
Temporary construction signs. For a development presently under construction, no more than two signs may be erected. The total sign area shall not be more than 32 square feet. In any development in a residential zoning district in which fewer than three lots are under or will be under construction at any given time, the sign area permitted shall not be more than 16 square feet per sign.
(e) 
Location. In addition to all other requirements elsewhere in this article, all temporary signs of any type shall be a minimum of five feet from the nearest property line and shall not be located in the public right-of-way.
(f) 
Temporary window signs. In all nonresidential districts, temporary window signs located inside of windows shall occupy not more than 30% of the surface area of such windows. Temporary window signs are limited to a display period of four weeks per calendar year.
(g) 
Temporary A-frame signs.
[1] 
Location. A-frame signs may be located on a private sidewalk not located within the public right-of-way, as long as at least four feet of sidewalk width remains on the sidewalk so as to not interfere with pedestrian accessibility. A-frame signs must be located within 15 feet of the primary entrance of the business for which the sign references or advertises.
[2] 
Quantity. One A-frame sign is allowed per business.
[3] 
Size. A-frame signs shall not exceed eight square feet in area or four feet in height.
[4] 
Display period.
[a] 
A-frame signs may be displayed on a daily basis, but the display shall be limited to business hours. A-frame signs must be stored indoors at all other times.
(7) 
Illuminated signs. All types of illumination, as provided below, shall conform to the illumination standards as provided Chapter 75, Article II, Part 20, Outdoor Lighting.
(a) 
External illumination. Permitted types of external illumination include "downlighting" or lighting from above, such as gooseneck light fixtures or RLM shades, where the light source is fully shielded, and "backlighting" where opaque letters are illuminated by a light source placed behind the letters. "Uplighting," such as floodlighting, shall adhere to the permitted light angles as provided for in § 75-55 of the Outdoor Lighting Code. All uplighting fixtures shall be ground-mounted.
(b) 
Internal illumination. Internal illumination of the sign face, lettering and graphic elements are permitted.
(8) 
Design standards.
(a) 
Review. Signs shall be reviewed administratively for appearance by the Planning and Zoning Department.
(b) 
Appearance standards.
[1] 
Architectural consistency.
[a] 
Every sign shall be designed as an integral architectural element of the building, structure, or site to which it principally relates.
[b] 
Decorative light fixtures complementary to the architecture of the building shall be used for external illumination.
[c] 
Sign design elements, materials, and colors should match the architecture of the principal building. Examples of architectural consistency are provided in the Village Sign Guidelines supplementary document provided by the Planning and Zoning Department.
[2] 
Colors.
[a] 
Signs shall consist of no more than two colors, except for business logos or colors integral to the business brand.
[b] 
For multitenant signs, the colors of each business panel may differ from tenant to tenant.
[3] 
Scale and proportion.
[a] 
Every sign shall have an appropriate scale and proportion in its design.
[b] 
The base of monument signs shall not extend greater than four feet high for single business signs, and six feet high for multitenant signs.
[c] 
The base of monument signs shall be a minimum of one foot high.
[d] 
For monument signs, the sign base shall be at least 80% of the width of the sign face.
[e] 
For dual post signs, each post shall be at least 15% of the total width of the sign.
[4] 
Materials.
[a] 
Permanent signs shall be constructed of materials that can withstand the elements in an outdoor environment. Acceptable materials for permanent signs include, but are not limited to: acrylic, polycarbonate, marine grade plywood (MDO), aluminum or aluminum composite materials (ACM). Similar permanent sign materials may be approved, subject to review by the Planning and Zoning Department.
[b] 
The base of monument signs and columns of dual post signs shall be masonry (brick or stone or other masonry materials as approved by the Planning and Zoning Department. CMU block is only allowed as a finish material on a sign base or columns if it has a split faced texture and contains integral color that is harmonious with the overall sign design. Agricultural districts are exempt from this masonry requirement.
[5] 
Text and legibility.
[a] 
No more than two lines of text or symbols shall be allowed per business or tenant.
[b] 
The size (height) of text or the size of the logo or symbol shall be sufficient enough to be easily viewed from major roadways, subject to review by the Planning and Zoning Department.
(c) 
Sightline visibility. On corner lots, no signs shall be constructed so as to block or otherwise prevent visibility around the corner, per the clear vision regulations in § 220-808 of the Village Code.
(d) 
Tenant panels. Multitenant signs shall not include more than six tenant panels.
(e) 
Awning and canopy signs.
[1] 
Shall be allowed above window and door openings only.
[2] 
Shall not extend above a line halfway between the top of a window and the roof fascia (see illustration below); or height of each floor.
[3] 
Lettering shall be limited to 75% of the width of the awning/canopy.
(f) 
Projecting/blade signs.
[1] 
Projecting signs shall include durable mounting hardware that is an integral part of the sign design.
[2] 
Guy wires and extension poles are prohibited.
[3] 
Minimum eight-foot clearance between grade and bottom of the sign.
[4] 
Maximum projection: five feet.
[5] 
Signs cannot extend above the roof fascia (see illustration below) or parapet.
(g) 
Wall signs. Wall signs shall be centered within the tenant's frontage unless otherwise deemed aesthetically appropriate by the Planning and Zoning Department. Effort shall be made to not conflict with the architectural elements of the building facade.
[1] 
Wall signs upon multitenant structures shall be mounted in accordance with an established center line.
[2] 
Wall signs cannot extend above the roof fascia (see illustration below) or parapet.
[3] 
Lettering shall be limited to 75% of the width of tenant frontage.
[4] 
All raceways shall be of a color that matches the facade behind the sign.
Illustration: Roof Fascia
(h) 
Dimensional surface signs. Dimensional surface signs shall have a minimum of one inch raise for the three-dimensional letter forms.
(9) 
Planned unit development sign districts.
(a) 
Application. Together with the application for a planned unit development, the Plan Commission shall also consider the designation of the property covered by the planned unit development as a special sign district. This special sign district shall be approved by ordinance of the Village Board as a "Planned Unit Development Sign District."
(b) 
Initiating a district. Only the person listed as the applicant for the planned unit development special use may initiate the consideration of a special sign district by presenting a request to the Plan Commission as part of the application for the planned development.
(c) 
Comprehensive sign plan. No sign for which a permit is required may be erected in a planned unit development Sign District unless it is in conformance with the approved comprehensive sign plan for that district.
(d) 
Initial sign plan. Prior to the creation of a planned unit development Sign District, the Plan Commission shall examine all proposed signs and recommend to the Village Board a comprehensive sign plan for the district, including special sign regulations where appropriate. The regulations in this article shall serve as a guide in evaluating signs, but the planned unit development Sign District regulations contained in the comprehensive sign plan may supersede regulations found in this article.
(e) 
Amendments. The comprehensive sign plan for a planned unit development Sign District may be amended by following the review and approval of the amendments by the Plan Commission.
(10) 
Administration and enforcement.
(a) 
Rules of interpretation. The signage regulations set forth in this section shall be interpreted in accordance with the following rules:
[1] 
The provisions of this section shall be held to be the minimum requirements for the promotion of the effective use of signs within the Village.
[2] 
Where the requirements imposed by any provision of this section are either more restrictive or less restrictive than comparable requirements imposed by any other applicable statute, law, ordinance, regulation or rule, the provision that is the most restrictive or imposes the higher standard or requirement shall apply.
[3] 
Although the requirements of this section are written in very specific terms, reasonable flexibility is offered through the provisions allowing for appeals and variances as provided herein.
[4] 
This section is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this section are more restrictive or impose a higher standard or requirement than created by such easement, covenant or other private agreement, the requirements of this section shall govern.
[5] 
Except as otherwise provided in Subsection C(12) (nonconforming signs) herein, no sign not lawfully established at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent that, in any manner that said sign is in conflict with the requirements of this chapter, said sign shall remain unlawful under the provisions of this chapter. Any sign or sign structure established prior to the effective date of this chapter which is rendered nonconforming by the provisions herein, and any sign or sign structure which, as a result of subsequent amendments hereto, shall be rendered nonconforming, shall be subject to the regulations of Subsection C(12) (nonconforming signs) of this section.
[6] 
Nothing contained in this section shall be deemed to consent to or permit the erection of a sign without first obtaining an appropriate permit from the Village, except for certain exempt signs.
[7] 
All measured distances and values shall be rounded to the nearest whole integer.
[8] 
All distances, unless otherwise stated, shall be measured horizontally.
[9] 
A "V-shaped" sign with an interior angle of less than 30° shall be considered a back-to-back sign.
(b) 
Permit requirements.
[1] 
Issuance of sign permits. The Zoning Officer, and such designees as may be directed by the Village Board, shall enforce this section and, in addition thereto, shall perform the following duties:
[a] 
Issue all sign permits for permanent, temporary commercial and industrial district signs.
[b] 
Conduct inspections of all signs to determine compliance with the terms of this chapter.
[2] 
Permit requirement. A permit shall be obtained through the Planning and Zoning Department prior to the installation or display of any sign.
[3] 
Installation. Signs shall not be installed unless a valid sign permit has been issued for a sign or a sign meets the criteria for exemption from the permit requirement. A sign with a valid sign permit must be installed within six months of permit issuance or else the permit becomes invalid. Signs shall be installed per the approved drawings and any supplementary information provided in the sign permit application.
(c) 
Appeals. All appeals to the regulations of this article shall be processed as provided for in § 220-1211 of the Village Code.
(d) 
Variances. All variances to the regulations of this article shall be processed as provided for in § 220-1205 of the Village Code.
(e) 
Fees. No sign permit shall be approved nor shall an appeal or request for a variance be scheduled until such time as the appropriate fee as established by the Village Board has been paid in full.[3]
[3]
Editor's Note: See Ch. 114, Fees, Art. II.
(11) 
General maintenance and construction.
(a) 
Wind pressure. All signs erected within the Village shall be constructed to withstand wind pressure as required by the Village Building Code.
(b) 
Illumination.
[1] 
All electrical signs to be installed in the Village shall be installed and maintained in accordance with the electrical code adopted by the Village. No permit for an illuminated sign shall be issued unless the plans are in compliance with all electrical requirements.
[2] 
All signs in which electrical wiring and connections are used shall have affixed thereon a plate showing the voltage of the electrical apparatus used in connection with the sign.
(c) 
Maintenance.
[1] 
All signs and their supports shall be maintained in a safe, secure, presentable, and structurally sound condition at all times, and in no case shall any sign be permitted to present a threat to the public safety or welfare. Signs shall be maintained in compliance with all applicable codes and ordinances of the Village and in accordance with the following regulations:
[a] 
Signs and their related support structures shall be kept clean and properly treated so as to prevent rust, peeling, flaking, or fading.
[b] 
Signs shall be maintained free of any broken panels, lights, tubes, missing letters, flaking or peeling paint.
[c] 
The area surrounding all signs shall be maintained free of debris and any surrounding grassed or landscaped area shall be kept trimmed and in a healthy condition.
[d] 
The owner of any sign which is found by the Village to be maintained in violation of the provisions of this article shall be given written notice of such violations. The sign owner shall repair, or take action to initiate repair of the damage, within 15 days of receipt of written notice.
[e] 
If the sign owner fails to take action to repair the sign within 15 days of written notice, the sign may be removed by the Village at the expense of the sign owner. Any sign posing an immediate risk to the public may be removed or repaired by the Village without notice at the expense of the sign owner.
[f] 
Sign raceways cannot be reused for new tenants if the raceway extends beyond the limits of the sign copy area.
[g] 
Restoration after wall sign removal. When a wall sign is removed from the facade of a building, the facade shall be restored to like new condition. Previous sign mounting holes and the like shall be filled and painted to match the facade and ghosting images shall be removed. The facade shall be cleaned and/or repainted if necessary in order to match the existing condition of the building.
(d) 
A permit is not required to clean or maintain signs as long as the work does not involve electrical alterations, enlargement of the sign, replacing panels or replacing permanently affixed letters or logos.
(e) 
Removal of signs.
[1] 
Illegal sign.
[a] 
Any permanent sign found to be displayed in violation of this article is hereby classified as an illegal sign. Whenever an illegal sign is found to exist, the Village shall notify the person displaying such sign by personal service or mail. Such person shall either remove the sign or initiate action necessary to cause the sign to comply with this article within 10 days of notice.
[b] 
Any temporary sign illegally displayed, or any sign illegally placed in the public right-of-way shall be immediately removed or caused to comply with all the provisions of this article upon notice by personal notice or mail.
[2] 
Signs for businesses no longer in operation. Any sign, now or hereafter existing, which advertises a business no longer in operation or services or products no longer offered on the premises, shall be removed by the owner within 60 days of the discontinuance of the business. If the said owner fails to remove the sign within the time specified in a written notice from the Village, the Village is hereby authorized to cause the removal of such sign. Any expense or incident thereto shall be paid by the business owner. For multitenant signs, the sign panels shall be replaced with blank panels matching the existing panels.
(12) 
Nonconforming signs.
(a) 
Status. Any nonconforming sign or sign structure existing lawfully at the time of the adoption of this chapter and which remains nonconforming, and any sign or sign structure rendered nonconforming by the adoption of this chapter, or by any subsequent amendments thereto, shall be deemed to be legally nonconforming and may be continued, subject to the regulations of this Subsection C(12). The burden of establishing that any nonconformity is legally nonconforming shall, in all cases, be on the owner or user of the nonconforming sign.
(b) 
Repairs and alterations.
[1] 
A nonconforming sign or sign structure shall not be enlarged upon, expanded or extended in any manner unless the alteration conforms to the regulations of this chapter.
[2] 
Repairs and alterations may be made to return a nonconforming sign or sign structure to a safe condition in accordance with an order by a public official who is charged with protecting the public safety and who declares such sign or structure to be unsafe and orders its restoration to a safe condition, provided that such restoration does not otherwise violate the provisions of this section.
[3] 
No nonconforming sign or sign structure shall be moved in whole or in part to any other location on the same or any other zoning lot unless every portion of such sign or structure, and the use thereof, conforms to all the regulations of the district where it is to be located.
[4] 
A nonconforming sign or sign structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the aboveground portion of the sign or structure to the condition it was in before the occurrence exceeds 50% or more of its replacement value at that time shall not be restored unless said sign and structure shall conform to all of the regulations of the district where it is located.
[5] 
In the event such damage or destruction is less than 50% of the replacement value at the time of replacement, repairs may be made to the sign and sign structure to return it to a safe condition as existed prior to such damage or destruction. No repairs or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is completed within one year thereafter. If the restoration is not started within one year, the sign and structure shall be removed and the area cleared by the owner.
[6] 
If the nonconforming use of a sign or sign structure is discontinued for a continuous period of six months, such use shall not be renewed and such legally nonconforming sign shall be deemed terminated. Any subsequent use of the sign or structure shall conform to the use regulations of the zoning district where such sign or structure is located.
(c) 
Amortization.
[1] 
A sign constructed legally under the ordinances in effect at the time of the sign permit, but does not conform to the regulations of this article as adopted by Ord. No. 06-071 on 10-24-2006, shall be deemed to be a legal nonconforming sign. Such legal nonconforming signs, excluding billboards, shall remain in place and be maintained for a period ending no later than January 22, 2026, provided that no action is taken which increases the degree or extent of the nonconformity. A change in the information on the face of an existing nonconforming sign is allowed.
[2] 
Exempt signs. Signs that do not conform to the regulations of this article as adopted by Ord. No. 06-071 on 10-24-2006, but that have been approved by a variance after such date of adoption, shall be exempt from the amortization provisions of this Subsection C(12)(b).
(13) 
Penalty for violations. Any person who erects, alters, or moves any sign without obtaining the required permits from the Planning and Zoning Department shall be subject to a penalty not less than $125 nor more than $500. Each day a violation exists shall be considered a separate offense.
(14) 
Severability. If any portion of this section is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.