(A) Authority to continue. Any nonconforming sign may be continued so long as it otherwise remains lawful, and shall be maintained in good condition, subject to the regulations contained in § 156.209 and divisions (B) through (J) of this section.
(B) Ordinary repair and maintenance. Normal maintenance and incidental repair, or replacement of non-load-bearing sign elements and electrical wiring and fixtures, may be performed on any nonconforming sign; provided, however, that any repair or replacement shall, whenever possible, eliminate or reduce any nonconformity in the element being repaired or replaced; and, provided further that this division (B) shall not be deemed to authorize any violation of divisions (C) through (J) of this section. Maintenance shall include the replacing, repairing, or repainting of any portion of a sign or its structural elements, including, without limitation, the periodic changing of bulletin board panels or the renewing of copy that has been made unusable by ordinary wear and tear, weather, or accident. The replacing or repairing of a sign or its structural elements that has been damaged to an extent exceeding 50% of the appraised replacement cost (as determined by the Building Commissioner) shall be considered maintenance only when the sign conforms to all of the applicable provisions of this subchapter and when the damage has been caused by an act of God or violent accident.
(C) Alteration; enlargement; moving. No nonconforming sign shall be:
(1) Changed or altered in any manner that would increase the degree of its nonconformity;
(2) Enlarged or expanded;
(3) Structurally altered to prolong its useful life;
(4) Moved in whole or in part to any other location where it would remain nonconforming;
(5) Changed to another nonconforming sign; or
(6) Modified to change the content of the sign.
(D) Change of sign. A nonconforming sign that has been changed to eliminate its nonconformity, or any element of its nonconformity, shall not thereafter be changed to restore such nonconformity or nonconforming element.
(E) Damage or destruction. Any nonconforming sign damaged or destroyed, by any means, to an extent of 50% or more of its replacement cost new shall not be restored but shall be removed or brought into conformity with the provisions of this subchapter.
(F) Termination of temporary signs. Any nonconforming temporary sign erected or displayed for a period of more than 60 days prior to the effective date of this subchapter shall be removed immediately upon notice given by the Building Commissioner to the owner of the lot upon which the temporary sign is located.
(G) Termination by abandonment. Any nonconforming sign, the use of which is discontinued for a period of 90 days, regardless of any intent to resume or not to abandon such use, shall be deemed to be abandoned and shall not be reestablished or resumed. Every such sign shall be immediately removed or brought into conformity with the provisions of this subchapter.
(H) Termination by change in business or activity. Any nonconforming sign advertising, identifying, or pertaining to a business or activity shall be terminated upon the cessation or change of the business or activity to which the sign pertains.
(I) Termination by amortization. Any nonconforming sign, or any nonconforming element of a sign capable of change or discontinuance separate from other elements of the sign that has not been terminated pursuant to any other provision of this subchapter shall be terminated no later than the date provided in the following schedule:
Original Value of Sign or Sign Element as Shown on Sign Permit | Removal Required within Following Period of Time |
Less than $1,000 | 1 year |
$1,001 to $3,000 | 2 years |
$3,001 to $5,000 | 3 years |
$5,001 to $7,000 | 4 years |
Over $7,000 | 5 years |
(J) Special provisions regarding nonconforming off-site advertising signs. It is the policy of the village to avoid unnecessary and costly litigation resulting from requiring removal of a nonconforming off-site advertising signs. The following procedures have been adopted to provide for a negotiated, mutually beneficial, cost effective method of removing, or otherwise bringing into compliance with the provisions of this subchapter, nonconforming off-site advertising signs.
(1) Notwithstanding anything to the contrary in this § 156.210 or elsewhere, an owner or operator of a nonconforming off-site advertising sign shall not be subject to the amortization or other nonconforming use provisions of these sign regulations.
(2) A nonconforming off-site advertising sign shall be removed upon:
(a) The recommendation of the Building Commissioner to the Board of Trustees; and
(b) The Board of Trustees approving the recommendation by resolution duly adopted.
(3) An owner or operator of a nonconforming off-site advertising sign required to be removed under this division (J) shall receive a written notification from the Building Commissioner that his, her, or its off-site advertising sign has been designated for removal and shall be asked to declare the value of the off-site advertising sign in writing from an independent licensed appraiser. Such notification shall not be deemed a final administrative action, nor shall it be deemed a final order, but shall only serve to begin a negotiated process for removal of a nonconforming off-site advertising signs.
(4) The village will use the appraisal as a basis for preparing an amortization agreement that will establish a period of time that the off-site advertising sign may remain in operation and, as appropriate, a cash settlement payable at the end of the amortization period. The owner or operator shall cooperate in the negotiations to arrive at an agreed upon amortization and, as appropriate, cash settlement for removal of a nonconforming off-site advertising sign.
(5) In the event that the village and owner or operator of an off-site advertising signs cannot agree to the terms of an amortization agreement, the village shall reserve the right, but have no obligation to, seek the condemnation of a nonconforming off-site advertising sign in a court proceeding.
(6) An amortization agreement shall be recorded in the Office of the Cook County Recorder against the lot upon which the nonconforming off-site advertising sign is located.
(Ord. 9-4, passed 2-25-09; Am. Ord. 19-11, passed 3-20-19)
Penalty, see § 156.999