A.
Findings. Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation.
B.
Purpose. The purpose of this Sign Article is to provide the legal framework and minimum standards to safeguard life, property, and public welfare by regulation and controlling the number, size, color, quality of materials, construction, location, illumination, movement, height, installation, condition, and maintenance of all signs to be compatible with zoning regulations. These regulations ensure the protection of property values, the character of the various neighborhoods, the creation of a convenient, attractive, and harmonious community, protection against destruction of or encroachment on historic areas or signage, and encouraging economic development. This article allows adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of all signs. This article must be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding must not affect the validity of the provisions of this article that can be given effect without the invalid provision.
C.
Intent.
(1)
This article recognizes the need for well-maintained and attractive sign displays within the Village and the need for adequate business identification, advertising and communication. Because of the unique qualities of the Village of Waterford, which need to be protected and enhanced, a high degree of control over the construction materials of signs is deemed to be an important public purpose.
(2)
A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein must be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of this article is to establish limitations on signs in order to ensure they are appropriate to the land, building or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interests identified in Subsection C(1) of this section.
(3)
These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, landscape and architecture of surrounding buildings, are legible and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.
D.
Interpretation.
(1)
This article authorizes the use of signs on public and private property, provided the signs are:
(a)
Compatible with the zoning district regulations.
(b)
Where required, compatible with the approved Heritage District Design Guidelines adopted in § 245-27 for the Waterford Heritage Overlay District, and any other approved guides and manuals.
(c)
Designed, constructed, installed and maintained in such a manner that they do not endanger public safety or traffic safety.
(d)
Legible, readable, visible and well designed for the circumstances in which they are used.
(e)
Respectful of the reasonable rights of the citizens and other advertisers.
(f)
Do not cover any major architectural detail.
(g)
Are expressly permitted as being allowed by right or by permit under this article, by specific requirements in another portion of this chapter, or otherwise expressly allowed by the Plan Commission, Village Board or Board of Appeals.
(2)
These regulations do not regulate every form and instance of visual communication that may be displayed anywhere within the jurisdictional limits of the Village. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.
(3)
These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.
(4)
These regulations are not intended to and do not apply to signs erected, maintained or otherwise posted, owned or leased by this state, the federal government or this Village. The inclusion of "government" in describing some signs does not intend to subject the government to regulation, but instead helps illuminate the type of sign that falls within the immunities of the government from regulation.