§ 153.04 REGULATIONS APPLICABLE TO ELECTRONIC BILLBOARDS.
   It shall be unlawful to construct, erect, locate or maintain any electronic billboard in the Village except in conformance with the requirements of § 153.03 and where the following additional requirements are met:
   (A)   Display times. Electronic billboards display times shall be subject to the following limitations:
      (1)   Tri-Vision or multiple message signs must have a minimum display time of 6 seconds in a fixed position, and the louver rotation time to change a message shall be 1 second or less. Additionally, Tri-Vision or multiple message signs must contain a mechanism that will stop the sign in 1 position if a malfunction occurs.
      (2)   Variable message signs must not display any 1 message for less than ½ of a second, and no message may be repeated at intervals of less than 2 seconds. No segmented messages shall be displayed. No traveling message shall travel at a rate slower than 16 light columns per second or faster than 32 columns per second.
   (B)   Village approval. No electronic billboard may be erected in the Village without a public hearing and approval of the Village President and Board of Trustees. The party petitioning for approval must provide notice of the public hearing, in accordance with division (C). Application for erection of an electronic billboard shall be made by submitting information relative to the billboard to the Community Development Department and payment of any fees relative to any zoning relief required prior to erection. Where no zoning relief is required, the public hearing may be held before the Village President and Board of Trustees following payment of an administrative fee of $150. For all electronic billboard requests, the petitioning party is required to submit a deposit of$15,000 to cover the Village’s costs in considering placement of the electronic billboard, including the Village’s engineering and attorney consulting fees relative to such consideration and approval. The petitioning party remains obligated to pay the balance of the total actual fees and costs incurred by the Village, including any costs incurred in excess of the initial deposit, whether or not the billboard application is approved. Any portion of the deposit that remains following approval or denial by the Village President and Board of Trustees of the electronic billboard request shall be returned to the petitioning party. The party petitioning for placement of an electronic billboard shall submit to the Village for consideration prior to the public hearing a photometric study related to the proposed billboard that shall encompass illumination impact findings and proposed remedial/corrective options to mitigate the effects of light pollution and glare. Conversion of an existing non- electronic billboard, replacement of an existing billboard that increases the size, installing additional electronic screen(s)/monitors, or installation or replacement of components that increase the illumination shall constitute a new billboard and requires a public hearing and Village Board approval as set forth in division (B). In addition, in the case of conversion of an existing non-electronic billboard to an electronic billboard, any previously approved variations or special uses related to the existing non-electronic billboard shall not be applicable to the electronic billboard. The Village President and Board of Trustees may deny the placement of any electronic billboard where they determine that the placement will be detrimental to the Village and its residents based on any reason, including, but not limited to, aesthetic reasons, brightness, driver distraction or other safety reasons, and proximity to residential areas. The Village President and Board of Trustees may also deny the placement of any electronic billboard where the application fails to meet the standards set forth in this section.
   (C)   Notice of hearing. The party petitioning for placement shall give notice of the public hearing addressed and provided via mailing or personal delivery to the “owners/occupants” of all properties located within 250 feet of the proposed billboard placement. The notice shall include the date, time, location and purpose of the hearing, the name of the body holding the hearing, the name of the applicant, and the address of the subject property on which the billboard is proposed to be located. Notice shall be given no less than 15 days, but not more than 30 days, prior to the hearing date. The applicant shall provide an affidavit to the Community Development Department stating that notice was mailed or delivered to every property within 250 feet of the proposed billboard placement site. The applicant shall also provide the Community Development Department with a list of addresses and property identification numbers (PINs) of all notice recipients.
   (D)   Conditions of approval. If a Village building permit(s) for installation is required, the building permit issuance is contingent upon approval of the billboard by the Village President and the Board of Trustees, and confirmation from the Director of Community Development that the billboard will comply with all applicable regulations. Approval is also conditioned upon provision of proof that the applicant has adequate insurance coverage, including comprehensive general liability insurance. The scope of insurance coverage will be fixes by the Village based on the scope of the billboard installation. The Village reserves the right to impose additional conditions of approval dependent upon the proposed site, public hearing, expert consultant review, and other factors relevant to protecting Village safety, health, and aesthetics.
   (E)   Impact fee. Prior to the issuance of a Village building permit(s) for installation of the billboard, the party petitioning for placement must deposit an impact fee in an amount determined by the Village Board. This impact fee shall be payable to the Village Board to distribute to certain Village residents to mitigate or remediate the potential effects of light pollution and glare. The amount will be based on estimated cost of remediation options and the number of affected property owners.
   (F)   Limitation on Village approval of application and operation of electronic billboard. Village authorization and approval to operate an electronic billboard shall cease upon the earliest of the following: (1) the owner/operator is no longer the record title owner of the billboard property; (2) an applicable lease term expires or is deemed invalid due to a breach; or (3) the electronic billboard ceases operation for a period of 60 consecutive calendar days following commencement of operation, excluding any period of non-operation due to demonstrated replacement, repair, and maintenance work. Upon termination or cessation of operations, the billboard owner/operator shall remove the billboard and related structures within 30 calendar days. If the owner/operator fails to remove the billboard within 30 days, the Village may institute the nuisance abatement procedures in accordance with §§ 99.22 and 99.23 of this Code of Ordinances.
(Ord. CO-2010-006, passed 4-15-2010; Am. Ord. CO-2021-21, passed 8-17-2021; Am. Ord. CO-2023-46, passed 11-7-2023)