13-20-680 Council approval.

   A City Council order for any sign which exceeds 100 feet2 (9.3 m 2) in area or any roof or ground sign, structure or signboard over 24 feet (7.32 m) in height, excluding city digital signs identified in a coordinated city digital sign program agreement entered into pursuant to Section 10-28-046, or identified in an amendment to such a program agreement approved by the City Council, shall be required in addition to the normal permit. When the complete application for a permit for such sign is filed with the Building Commissioner, the applicant shall submit a duplicate of the complete application to the alderman of the ward in which the sign is to be located along with the order template required by the City Council committee. At the time the duplicate is submitted to the alderman, the applicant shall (except as to such excluded city digital signs) submit to the City Clerk an order for the sign on the order template required by the committee for introduction at the next regular meeting of the City Council, and proof that the public notice provided for in this section has been given and a list of all persons who have been given such notice. The Council order, upon being introduced to the Council, shall be forwarded to the appropriate City Council committee for hearing. Prior to filing its order with the City Clerk, the applicant for the permit (except as to such excluded city digital signs) shall give notice to all voters registered at addresses within 250 feet (76.2 m) of the proposed sign location.

   Any change to a sign for which a City Council order was issued or required to be issued that changes the sign from a static image display sign to a dynamic image display sign shall require an additional City Council order in compliance with this section and a new sign permit in compliance with the requirements of this Code. The council order shall include text explicitly acknowledging that the sign is being changed from a static image display sign to a dynamic image display sign.

   The notice shall be in writing and shall state:

      (1)   The name of the applicant.

      (2)   The proposed location of the sign.

      (3)   The exterior dimensions of the proposed sign.

      (4)   The means of illumination of the sign.

      (5)   The height above ground level at which the proposed sign, if approved, will be located.

      (6)   The date of the application.

      (7)   Indicate if a current sign will be changed from a static image display sign to a dynamic image display sign.

   Such notice shall inform the recipient that the individual will receive notice of the date of a public hearing on the order before the committee, and that the individual has the right to testify before the committee. The notice shall be sent by certified mail, return receipt requested, with all costs to be borne by the applicant. No notice need be given under this section, however, of any order seeking a permit for a sign to be erected on the premises of a business only limited to information identifying the business conducted on the premises or with respect to a city digital sign. The committee shall give notice by first class mail to all voters registered at addresses within 250 feet (76.2 m) of the proposed sign location and, after conducting a hearing, shall recommend approval or disapproval of the order. The hearing shall be recorded or transcribed. At the hearing, the applicant shall have the right to offer evidence and comment on or rebut all other evidence placed before the committee. A recommendation of an approval or disapproval of the order shall be passed based on the following considerations:

      (1)   Whether the size, location, or structural design of the sign is compatible with the aesthetic character of the community in which the sign is located or is to be erected or because of the sign's impact on or proximity to:

         (a)   Special zones or places as may be designated, established or recognized by the City of Chicago, including but not limited to the Lake Michigan and Chicago Lakefront Protection District and historical or architectural landmark buildings, areas, places, districts, structures of other object or

         (b)   Waterways, open space areas, recreational facilities, urban or scenic vistas or residential buildings.

      (2)   Whether the sign is located in an area where there exists an undue concentration of signs.

      (3)   Whether the size, location or structural design of the sign presents an unreasonable threat to the health or safety of the public.

   Any committee report requesting approval or disapproval of the order must state specific reasons for the recommendation, which reasons shall be consistent with such applicant's constitutional rights contained in the First, Fifth, and Fourteenth Amendments of the United States Constitution and Sections 2 and 4 of Article 1 of the Illinois Constitution of 1970. The recommendation of the committee to approve or disapprove the order as provided herein shall not be based on the content of the proposed sign. In determining whether to approve or disapprove a sign order, the City Council shall be bound by the same standards that apply to the committee when it makes its recommendation. The Building Commissioner shall issue a permit for a sign that is subject to this section unless:

      (1)   The City Council has voted not to approve passage of an order within 60 days after the order for the sign was submitted to the City Clerk, or

      (2)   The sign for which the application is submitted is not or will not be in compliance with any provision of this chapter and all other applicable Code provisions governing the construction and maintenance of outdoor signs, signboards, and structures.

   If the City Council fails to issue an order for a sign within a 60-day period after the order for the sign is submitted to the City Clerk, an order on the sign shall be deemed to have been issued at the end of such period; provided, however, that no time period shall commence until a complete application has been submitted to the Department of Buildings and the alderman of the ward in which the sign is to be located. The City Clerk shall, within two business days, notify the Building Commissioner whenever the City Council issues or is deemed to issue an order pertaining to a permit application for a sign. In any event, the Building Commissioner may not take final action on the application until the City Council issues or is deemed to issue an order pertaining to the application.

   Any person aggrieved by the final decision of the Building Commissioner disapproving an application may seek judicial review of the decision in the manner provided by law.

   As used in this section:

      “Legal voter” means a person who has registered to vote and whose name appears on a poll sheet from the last preceding election, regardless of whether such election is a primary or general election.

      “Complete application” means all required documentation, as prescribed by rules promulgated by the Building Commissioner, which are necessary to complete the sign permit license application.

   No member of the City Council or other municipal officer shall introduce, and no Committee of the City Council shall consider or recommend, any ordinance or order that is contrary in any way to any of the requirements of this section or Title 17 of the Code. No member of the City Council shall propose, and no Committee of the City Council shall consider, any amendment to an ordinance which, if passed, would render the ordinance contrary to any of the requirements of this section or Title 17 of the Code. No officer or employee of the City shall enforce any ordinance or order that is contrary to any of the requirements of this section or Title 17 of the Code. No member of the City Council may recommend action on and no Committee of the City Council shall consider any ordinance or order that authorizes the approval of a sign that does not comply with all applicable provisions of this section, Title 17 of the Code, and all other applicable Code provisions governing the construction and maintenance of outdoor signs, signboards, and structures.

(Added Coun. J. 11-3-99, p. 13842, § 3; Amend Coun. J. 3-5-03, p. 104990, § 18; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 2-15-12, p. 20904, § 1; Amend Coun. J. 4-24-12, p. 25060, § 3; Amend Coun. J. 12-12-12, p. 44485, § 8; Amend Coun. J. 2-13-13, p. 47133, § 1; Amend Coun. J. 4-19-17, p. 48241, § 2; Amend Coun. J. 11-21-17, p. 61755, Art. I, § 19; Amend Coun. J. 3-28-18, p. 74459, Art. V, § 7)

 

Notes

Title 17

The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.

Title 17

The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.