(A) Purpose; intent. The purpose of this section is to preserve and improve the roadside appearance along primary highways in the city through the control of outdoor advertising signs along certain primary highways and the prohibition of outdoor advertising signs on all other primary highways and other highways. These regulations are intended to minimize visual distractions to motorists, maintain roadside views of the surrounding area to enhance the attractiveness of the area for residents and visitors, protect property values, protect the public investment in highways, and promote the overall economic welfare of the city. These regulations are intended to provide the procedures for the registration of highway advertising signs, permit application, approval and revocation of highway advertising sign special use permits and multiple message sign supplemental permits and for the erection and maintenance of highway advertising signs along certain primary highways within the city.
(B) Authority. This section is adopted under the authority granted by Article VII, Section 6, of the 1970 Illinois Constitution pertaining to the city’s government and affairs, by the Illinois Municipal Code (ILCS Ch. 65, Act 5, §§ 1-1-1 et seq.) to adopt necessary ordinances to protect the health, safety, and general welfare of the citizens of the city and by § 7 of the Highway Advertising Control Act of 1971 (ILCS Ch. 225, Act 440, § 7) to adopt ordinances regulating the size, lighting and spacing of signs consistent with the intent of the Highway Advertising Control Act.
(C) Jurisdiction. This section applies to the incorporated area of the city.
(D) Applicability. This section applies along all existing and future interstate and primary highways in the city and shall affect all highway advertising signs intended to be seen from the main-traveled way of any primary highway or interstate highway.
(E) Definitions. For purposes of this section, certain words or terms are herein defined. Words or terms not specifically defined shall be interpreted by common usage or meaning.
CENTERMOUNT. A monopole sign structure in which the upright supporting column is affixed to the center of the display panel.
CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGN (CEVMS). Any sign having the capability to display a message by manipulation of light projected onto a screen or otherwise produced within the screen. CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS include signs using light emitting diode (LED) technology, liquid crystal display (LCD) technology, plasma technology, computerized, electronic or digital technology or any industry equivalent that produces the same or similar result as these technologies.
CITY. The City of Oakbrook Terrace, Illinois.
CODE. The Code of Oakbrook Terrace, Illinois.
DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT. The City of Oakbrook Terrace, Illinois’ Director of Community and Economic Development or the Director of Community and Economic Development’s designee.
DISPLAY PANEL. The surface of a highway advertising sign where copy, messages, or advertisements are attached for display to the public, including any parts of the sign structure upon which such information is located.
DOUBLE-FACED SIGN. A sign structure containing two display panels placed back-to-back with a distance between the backs of the display panels of not greater than 15 feet.
ERECT. To construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish; but does not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a display panel or sign structure. As examples, replacing more than 50% of the uprights, in whole or in part; or extending the sign structure height above ground; or similar activities which substantially change a sign structure such as anything which makes a highway advertising sign more valuable; adding lighting; or making the highway advertising sign bigger, are not considered normal maintenance or repair.
FLAGMOUNT. A monopole sign structure in which the upright supporting column is affixed to the left or right of center of the display panel.
HIGHWAY. Any highway, other than a primary highway or an interstate highway.
HIGHWAY ADVERTISING SIGN. A sign having a gross surface area in excess of 200 square feet of which any part of the existing or intended advertising or informative contents is or will be visible from any place on the main-traveled way of any portion of a primary highway or an interstate highway and erected with purpose of its message being read from such main-traveled way.
ILLEGAL SIGNS. Signs not in compliance with this chapter.
INTERSTATE HIGHWAY. Any highway, including a tollway, designated by the Illinois Department of Transportation and approved by the
United States Department of Transportation as a part of the National System of Interstate and Defense Highways. A highway becomes a part of the National System of Primary and Defense highways upon the date of approval of the route location decision and the approval of the addition of the highway to the National System of Interstate and Defense Highways by the Governor and the United States Department of Transportation.
MAIN-TRAVELED WAY. The traveled way (i.e., pavement) of a primary highway or an interstate highway on which through-traffic is earned. It does not include such facilities as frontage roads, turning roadways, or parking areas.
MAINTAIN. To allow to exist and includes the periodic changing of advertising messages, customary maintenance and repair of the display panels and sign structure.
MONOPOLE SIGN STRUCTURE. A sign structure that has a single upright supporting column which is affixed to and supports the display panel(s).
MULTIPLE MESSAGE SIGN. A highway advertising sign that displays a series of message changes, regardless of the technology used, including, but not limited to, changeable electronic variable message signs and tri-vision signs.
NITS. A measure of brightness equal to a Candela per meter squared.
NONCONFORMING SIGN and/or NONCONFORMING SIGN STRUCTURE. A registered sign and/or sign structure lawfully in existence as of the effective date of this chapter but which thereafter does not conform to the provisions of this chapter. The term also includes a lawful sign and/or sign structure rendered non-conforming by its subsequently becoming subject to the terms of this chapter.
PRIMARY HIGHWAY. Any highway, other than an interstate highway, designated by the Department and approved by the United States Department of Transportation as a part of the Federal Aid Primary System in existence on June 1, 1991, or any highway other than an interstate highway that is not on such system that is on the National Highway System.
RIGHT-OF-WAY. All property, whether it is presently being used for highway purposes or not, either under the jurisdiction of the Illinois Department of Transportation or owned in fee by the State of Illinois or dedicated to the people of the State of Illinois for highway purposes, for which the jurisdiction, maintenance, administration, engineering or improvement of any highway situated thereon has been contracted by the Illinois Department of Transportation to any other highway authority pursuant to § 4-409 of the Illinois Highway Code (ILCS Ch. 605, Act, 5, § 4-409).
SIGN. Any object, display, device, notice, figure, painting, drawing, message, placard, poster, billboard, or other thing or structure, or portion thereof, which is located outdoors and is used to advertise, identify, display, direct, or attract attention to an object, person, institution organization, business, product, service, event, or location through the use of words, letters, figures, designs, symbols, colors, or illumination.
SIGN STRUCTURE. The assembled components which make up a highway advertising sign, including, but not limited to, the upright monopole support column, braces, supports, struts, display panel(s), border and trim.
TRI-VISION SIGN. A sign that has rotating panels on which more than one advertising message may be contained.
VISIBLE. Capable of being seen (whether or not legible) without visual aid by persons of normal visual acuity.
V-TYPE SIGN. A sign structure containing two display panels constructed in the form of a "V" with an angle no greater than 45 degrees and at no point separated by a distance greater than 15 feet.
(F) Highway advertising sign special use permit.
(1) It is unlawful for any person to erect, repair alter, relocate or maintain within the city any highway advertising sign as defined in this section without first obtaining a highway advertising sign special use permit.
(2) It is unlawful for any person to erect, repair alter, relocate or maintain within the city any multiple message sign as defined in this section without first obtaining a highway advertising sign special use permit with a multiple message sign supplemental permit.
(G) Highway advertising sign standards. The following standards shall govern highway advertising signs:
(1) Location.
(a) Primary highways. Highway advertising signs may only be located, erected and maintained within the city adjacent to and outside of the west right-of-way of Illinois Route 83, a primary highway, but within 100 feet of the west right-of-way of Illinois Route 83 in a B-6 Cemetery District. Highway advertising signs may be erected and maintained as an accessory use notwithstanding that the highway advertising sign is not (1) customarily incidental to and commonly associated with a principal use; (2) operated and maintained under the same ownership provided that an appropriate lease or easement is secured from the property owner by the highway advertising sign owner; (3) on the same lot as the permitted use; (4) includes structures or structural features inconsistent with the permitted use; or (5) involves the conduct of a business, profession, trade or industry. Determination of the location where a highway advertising sign is allowed shall be from the outermost part of the sign structure on tire premises extended perpendicular to and measured along the nearest edge of the right-of-way of the primary highway, not from the property line, parking areas, driveways, or accessory buildings or structures.
(b) All other highways. Highway advertising signs are prohibited at all other locations.
(2) Spacing of highway advertising signs.
(a) No highway advertising sign may be erected or maintained in such a manner as to obscure or otherwise physically interfere with an official traffic sign, signal or device or to obstruct or physically interfere with the driver’s view of approaching, merging or intersecting traffic within 1,000 feet of such sign, signal, device or point of intersecting or merging traffic.
(b) No highway advertising sign shall be located closer than 500 feet from any other highway advertising sign structure or location where another highway advertising sign has been permitted but not yet erected.
(c) The spacing requirements described in this chapter shall be measured along the edge of the pavement on the same side of the primary highway between the points of each sign structure which lie closest to the primary highway pavement but in no event shall the distance between the highway advertising sign structures be less than the required spacing. Highway advertising signs visible from two or more primary highways must be considered in spacing measurements along all such primary highways.
(3) Gross surface area. The maximum gross surface area of the display panel of any highway advertising sign shall be 700 square feet. The area shall be calculated by using the smallest rectangle which will encompass the entire display panel. Any extensions to the display panel advertising message or copy on the sign structure, including the name of the outdoor advertising company on the border or trim, shall be included as part of the display panel.
(4) Sign structure height. The maximum height of the sign structure of a highway advertising sign shall be 50 feet and shall be measured as the vertical distance from the ground below the sign to the highest part of the sign structure. No highway advertising display panel shall be located less than ten feet above the surface of the primary highway.
(5) Sign size.
(a) The maximum vertical height of the display panel of a highway advertising sign display panel shall be 20 feet.
(b) The maximum horizontal length of the display panel of a highway advertising sign display panel shall be 50 feet.
(6) Separation from other uses. The minimum distance between highway advertising signs and existing churches, schools, or existing residences shall be no less than 500 feet.
(7) Setback. All parts of each highway advertising sign shall be set back no less than 15 feet from any primary highway right-of-way line and no less than 15 feet from each property line.
(8) General requirements.
(a) Color of sign structure. The sign structure, including the back, shall be painted in a neutral uniform color to blend in with the background environment of the site.
(b) Illumination. Highway advertising signs may be illuminated in accordance with the following requirements.
1. Lighting shall be directed to the display panel of the sign and shall be shielded so that the source of light is not visible and does not create a hazard or nuisance for motorists or nearby residents.
2. No sign may be erected which contains, includes or is illuminated by any oscillating, flashing, rotating, intermittent or moving light or lights except for changeable electronic variable message signs for which a valid multiple message sign supplemental permit has been issued.
3. No sign may be erected or maintained which is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the main-traveled way of any primary highway or other highway or which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle.
(9) Number and arrangement of signs. Highway advertising signs may be a single-face, a double-faced sign, or a V-type sign design provided that the angle created by the display panels is less than 45 degrees. Not more than one sign may be erected within a display panel. Not more than one display panel may be visible to traffic on the primary highway approaching the highway advertising sign. If the display panels on the same sign structure face opposite directions, are physically contiguous or connected to the same sign structure and at no point separated by a distance greater than 15 feet apart in the case of back-to-back or "V" type signs, they shall be considered one sign only for purposes of determining conformance with division (G)(2)(b) of this section.
(10) Sound amplification. No highway advertising sign shall contain any audio speakers or sound amplification or sound producing device.
(11) Structural requirements.
(a) All highway advertising signs shall be designed to and shall be maintained to meet the structural requirements of § 156.043 of this chapter.
(b) All highway advertising signs shall be either centermount or flagmount monopole sign structures.
(12) Compliance with Illinois Highway Code. Highway advertising signs shall comply with the requirements of § 9-112.2 of the Illinois Highway Code (ILCS Ch. 605, Act 5, § 9-112.2).
(13) Illinois Department of Transportation permit. Highway advertising signs may be erected and maintained within the city only after the Illinois Department of Transportation has issued a permit for the proposed highway advertising sign.
(H) Multiple message sign supplemental permit standards. In addition to the standards set forth in § 156.052(G), the following standards shall govern multiple message signs.
(1) Tri-vision signs. No tri-vision sign shall be permitted in the city.
(2) Changeable electronic variable message signs. No construction, reconstruction, alteration, or other work related to a changeable electronic variable message sign shall commence until a highway advertising sign’s special use permit and a multiple message sign supplemental permit has been secured from city. Changeable electronic variable message sign shall be governed by the following:
(a) The display change time shall be not more than one second with duration of each display not less than 12 seconds. The change of message on a changeable electronic variable message sign shall occur sequentially and simultaneously across the entire display panel.
(b) Changeable electronic variable message signs shall contain a default design that will freeze the display in one still position if a malfunction occurs.
(c) The owner of every permitted changeable electronic variable message sign shall provide the city with the name, telephone number and electronic mail address of an on-call contact person for each permitted changeable electronic variable message sign. The contact person must have the authority and ability to make immediate modifications to the displays and lighting levels should the need arise. When a malfunction occurs, the contact person shall, when notified of the malfunction, promptly either cause the malfunction to be corrected or shall power-off the changeable electronic variable message sign.
(d) The changeable electronic variable message sign display shall not create excessive brightness or glare. Such displays shall contain static messages only without movement, animation, rolling or running letters or message, flashing lights or scrolling displays as part of the display. Movement is herein defined as the appearance or illusion of movement, either text or images, of any part of the display panel, design, or pictorial, segment of the sign, including the movement of any illumination or the flashing, scintillating, or varying of light intensity.
(e) The changeable electronic variable message sign shall not be illuminated by flashing lights, strobe lights, lights resembling emergency vehicles, or moving lights.
(f) The changeable electronic variable message sign shall have the capability to adjust its intensity in response to ambient lighting conditions. No changeable electronic variable message sign shall be erected without a light detector/photocell by which the sign’s brightness shall be dimmed when ambient conditions darken so that signs are not unreasonably bright for the safety of the motoring public. The maximum brightness during the day, the time period between one-half hour before sunset and one-half hour after sunrise, shall be 5,000 Nits and at night shall be 300 Nits. Should the city, at its sole discretion, find the changeable electronic variable message sign, any display or effect thereon, to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interferes with the operation of a motor vehicle, upon request, the owner of the changeable electronic variable message sign shall immediately reduce lighting intensity of the changeable electronic variable message sign to a level acceptable to the city. Failure to reduce lighting intensity on request shall be cause for revocation of the multiple message sign supplemental permit.
(g) The display panel of changeable electronic variable message signs located on the side of a primary highway may only be visible from one direction of travel on the main-traveled way of the primary highway.
(h) Only one changeable electronic variable message sign is permitted on each display panel with a maximum of two changeable electronic variable message signs facing in opposite directions on a highway advertising sign structure.
(i) No changeable electronic variable message sign shall be located closer than 1,500 feet from any other changeable electronic variable message sign as measured along the same side of the primary highway.
(j) No conventional highway advertising sign can be converted to changeable electronic variable message sign unless a multiple message sign supplemental permit is issued. Multiple message sign supplemental permits may only be issued to a site conforming to the requirements of division (H)(3). Nonconforming signs, grandfathered signs, illegal signs or non-conforming sign structures will not be allowed to be retro-fitted with a changeable electronic variable message sign.
(k) All retro-fitted changeable electronic variable message sign displays on permitted, conforming sign structures must first be approved for compliance with this section by the Director of Community and Economic Development or his or her representative.
(l) The city and other local governmental authorities may request, and with the consent of the owner of a changeable electronic variable message sign, may display public service announcements, and when appropriate, emergency information important to the traveling public, such as Amber Alerts or alerts concerning terrorist attacks or natural disasters on a changeable electronic variable message sign. Emergency information messages shall remain in the advertising copy rotation according the protocols of the government agency that issues the information.
(3) Spacing of multiple message signs. No multiple message sign shall be located closer than 1,500 feet from any other multiple message sign as measured along the same side of the primary highway.
(I) Administration. The Director of Community and Economic Development, or authorized representative, shall administer this section.
(J) Interpretation. If any conflict arises during the enforcement of this section, or more than one interpretation is possible, division (A), Purpose; intent, shall be used as a guideline for interpretation. Additionally, the most restrictive interpretation shall apply.
(K) Permit procedure. No construction, reconstruction, alteration, or other work related to a highway advertising sign shall commence until the appropriate permits have been secured from the Illinois Department of Transportation and the city. It is the responsibility of the owner or agent responsible for the highway advertising sign to comply with these or any other permit requirements.
(1) Highway advertising sign special use permit. A highway advertising sign special use permit shall be obtained by the property owner or the property owner’s authorized agent.
(2) Submittal requirements. The application shall be on a form prescribed by the city. The applicant shall attach and submit the following information with the permit application for each proposed highway advertising sign.
(a) The name, address, telephone number and electronic mail address of:
1. The applicant in the case of an individual; or
2. In the case of a partnership, the persons entitled to share in the profits thereof; and
3. In the case of a corporation, the officers and directors, and if a majority in interest of the stock of a corporation is owned by one person or his or her nominees, such person; and the date of incorporation (in the case of a foreign corporation, the state where it was incorporated and the date of its becoming qualified under the Illinois Business Corporation Act to transact business in the State of Illinois) and a certificate of good standing from the Illinois Secretary of State; and
(b) A title insurance policy or other accepted evidence of title to the property on which the highway advertising sign is to be located evidencing the applicant as the owner of the property or if the applicant is the property owner’s authorized agent, evidencing the property owner as the owner of the property; and the agent shall provide an affidavit signed by the owner of the property on which the highway advertising sign is to be located granting permission for the agent to act on behalf of the property owner.
(c) If the applicant is not the owner of the property, a completed and executed lease, easement, contract to purchase the property or other adequate proof of the owner’s consent to erect the highway advertising sign on the property, including all riders and exhibits thereto. If the lease, easement, contract to purchase the property or other adequate proof of the owner’s consent to erect the highway advertising sign on the property is not signed by the owner of the property, proof of the authority of the person signing to bind the owner shall also be supplied. If the lease, easement, contract to purchase the property or other adequate proof of the owner’s consent to erect the highway advertising sign on the property is terminated prior to the erection of the highway advertising sign, the highway advertising sign special use permit is void.
(d) A copy of the permit issued by the Illinois Department of Transportation authorizing the erection or maintenance of a highway advertising sign at the site where the highway advertising sign is proposed to be located.
(e) A site plan, at an appropriate scale, prepared or approved by a land surveyor licensed by the State of Illinois which illustrates the following items within 1,500 feet of the proposed highway advertising sign:
1. The exact location of proposed highway advertising sign;
2. Property lines of the lot on which the proposed highway advertising sign;
3. Setbacks;
4. Existing easements;
5. Right-of-way lines, including the distance between the proposed highway advertising sign and the nearest edge of the primary highway right-of-way;
6. Underground utilities, including the distance between the proposed highway advertising sign and the underground utilities;
7. Above ground utilities, including the distance between the proposed highway advertising sign and the above-ground utilities;
8. Buildings, churches, schools, residences, including the distance between the proposed highway advertising sign and the buildings, churches, schools, residences;
9. Primary highways and other roads, including the distance between the proposed highway advertising sign and the primary highways and other roads; and
10. Existing or permitted highway advertising signs, including the distance between the proposed highway advertising sign and the existing or permitted highway.
(f) Two sets of drawings, plans, specifications and description, if necessary, of the proposed highway advertising sign which includes:
1. The dimensions of the sign structure and display panel(s);
2. The area of the display panel(s);
3. Illumination;
4. Colors and materials;
5. The location and dimensions of the foundation and attachment of the sign structure to the foundation;
6. Any other relevant features of the highway advertising sign;
(g) Stress analysis and calculations showing that the sign structure is designed to meet or exceed the dead-load and wind-pressure requirements of § 156.043 of this chapter;
(h) The name, address, telephone number and electronic mail address of the person, firm or corporation erecting the sign structure;
(i) If the highway advertising sign is proposed to be illuminated or is a multiple message sign, a copy of the electrical permit issued for the highway advertising sign;
(j) A certificate of insurance verifying that the commercial general liability coverage required by division (M) has been obtained.
(k) The bond required by division (N) of this section.
(l) Whether the applicant is seeking a multiple message sign supplemental permit in addition to the highway advertising sign special use permit.
(m) If the sign is a changeable electronic variable message sign, a certification that the multiple message sign will be erected and maintained as a changeable electronic variable message sign and will be operated in compliance with divisions (H)(2)(a), (b), (d), (e) and (f) of this section and a certification from an electrical engineer that the sign has been designed in compliance with divisions (H)(2)(a), (b) and (f) of this section.
(n) When a permit has previously been issued for a specific highway advertising permitted highway advertising sign at a specific site and the holder of that permit wishes to change that permitted highway advertising sign in a manner that would require the issuance of a new permit, the applicant shall provide a copy of the original permit application identifying the permit number and application approval. This type of application will also require the following:
1. A statement that the application is being submitted in order to move or improve an existing permitted highway advertising sign and that this action will not cause any violations pursuant to the requirements of this chapter.
2. The removal of the existing permitted highway advertising sign will occur prior to the erection of any other highway advertising sign approved as a result of this permit application.
3. All other requirements of this chapter are satisfied without conditions.
(o) If the proposed highway advertising sign is an accessory use, a description of the existing use of the property and evidence that the existing use of the property complies with the requirements of Title XV of this code.
(p) Any other information determined necessary by the Director of Community and Economic Development to ensure compliance with this section and the city Building Code.
(q) The applicant shall certify that all of the information provided is true and accurate and that the applicant is not the owner of an abandoned or illegal sign as defined by this section. This certification shall be supported by an oath or affirmation acknowledged by a notary public.
(3) Fees. Non-refundable permit fees to cover the costs of administering this section, including sign inspections, shall accompany the application and shall be paid in accordance with the following schedule.
(a) An initial permit fee as provided in § 154.07 of this code shall be paid when the highway advertising sign special use permit application is submitted to the city for review and determination of compliance. No application shall be processed until the applicant has paid the initial permit fee.
(4) Application processing. Within seven days after receipt of the highway advertising sign special use permit application and payment of the initial permit fee, the Director of Community and Economic Development shall determine if it is complete. If the initial permit application is incomplete, the Director of Community and Economic Development shall notify the applicant in writing of its deficiencies. If the initial permit application is complete, or if initially incomplete, when the resubmitted permit application is complete, and the initial permit application fee has been paid, the Director of Community and Economic Development shall schedule a public hearing before the Planning and Zoning Commission within 30 days for a report of its findings and recommendations to the City Council. The Director of Community and Economic Development, or his or her designee, shall review the application for compliance with the requirements of this chapter and shall within 14 days prepare a written report of the review of the application which shall be forwarded to the Planning and Zoning Commission along with the permit application. The Planning and Zoning Commission shall conduct a public hearing on the application and shall make a report of its findings and recommendation to the City Council. The Planning and Zoning Commission shall limit its findings and recommendation to whether the application meets the standards applicable to highway advertising signs, and if applicable to multiple message signs, set forth in this section. If the Planning and Zoning Commission fails to issue a report of its findings and recommendations to the City Council within 45 days following receipt of the permit application and initial permit fee, the permit shall be deemed to have been recommended to the City Council. The City Council shall consider the permit application and without further public hearing shall either approve or disapprove the application at its next regularly scheduled City Council meeting held not less than three days following the issuance of a report by the Planning and Zoning Commission or in the absence of a report at its next regularly scheduled City Council meeting held not less than three days following the expiration of the 45 days following receipt of the permit application and initial permit fee. Subject to division (K)(5) of this section, the City Council shall base its approval or disapproval of the application solely upon the standards applicable to highway advertising signs, and if applicable, to multiple message signs set forth in this chapter. The City Council shall not approve the highway advertising sign special use permit, and if applicable, the multiple message sign supplemental permit, unless it finds that the proposed highway advertising sign meets each of the standards applicable to highway advertising signs set forth in this chapter.
(5) Denial of permit. The City Council shall deny the highway advertising sign special use permit, and if applicable the multiple message sign supplemental permit for any of the following reasons:
(a) The application does not meet the standards set forth in this chapter;
(b) The applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed against the applicant;
(c) The applicant has failed to provide information required on the application for the issuance of the permit or has falsely provided information, falsely answered a question or request for information on the application form;
(d) The required application or permit fees have not been paid.
(6) Issuance of permit. A highway advertising sign special use permit, and if applicable, the multiple message sign supplemental permit, shall be issued by the Director of Community and Economic Development to the highway advertising sign owner or agent after approval thereof by the City Council.
(7) Expiration of permit. A highway advertising sign special use permit, and if applicable, the multiple message sign supplemental permit, shall expire on the earliest of:
(a) April 30 of the year of its issuance, if the permit is issued on or between January 1 and April 30;
(b) April 30 of the year following its issuance, if the permit is issued on or between May 1 and December 31;
(c) Six months after the date of issuance if the work authorized by the permit has not commenced; or
(d) If work has commenced and the work is discontinued for a period of six months, six months after the date of discontinuance of work. No work authorized by a permit that has expired may be performed until a new permit has been secured.,
(8) Renewal. An unexpired and unrevoked highway advertising sign special use permit, and if applicable, the multiple message sign supplemental permit, may be renewed upon written application to the City Clerk made at least 30 days prior to the expiration date of the current highway advertising sign special use permit and the payment of an annual permit renewal fee as provided in § 110.05 of this code provided that the highway advertising sign continues to meet the standards set forth in this chapter. The renewal fee will be due on May 1 of each year. The application for renewal shall supply the current name, address, telephone number and electronic mail address of the applicant, shall set forth evidence that the permit issued by the Illinois Department of Transportation for the highway advertising sign remains valid and any information required by the initial application that has changed since the issuance of the last permit. Within 30 days after receipt of the renewal application and payment of the renewal fee, the City Clerk shall determine if it is complete. If the renewal application is incomplete, the City Clerk shall notify the applicant in writing of its deficiencies. If the renewal application is complete, the permit issued by the Illinois Department of Transportation for the highway advertising sign remains valid, the highway advertising sign, and if applicable, the multiple message sign, continues to meet the standards set forth in this chapter and the renewal fee has been paid, then the City Clerk shall issue a renewal permit. If the City Clerk fails to issue a renewal permit within 30 days following receipt of the renewal application and renewal fee, the permit shall be deemed to have been issued.
(9) Revocation of permits. Whenever the Director of Community and Economic Development determines that grounds exist for the revocation of a permit or registration, the Director of Community and Economic Development shall send written notice to the permit or registration holder, at the address listed on the permit or registration holder’s most recent application or most recent notification received by the city of a change of address, advising the permit or registration holder of the basis of the proposed revocation, the location, date and time of a hearing to revoke the permit or registration, and affording the permit or registration holder the opportunity to appear and respond to the basis for the revocation contained in the notice, a highway advertising sign special use permit or registration and, if applicable, the multiple message sign supplemental permit may be revoked for any of the following actions or omissions by the applicant:
(a) Substantial departure from the approved permit application or plans and specifications;
(b) Refusal or failure to comply with the requirements of the Building Code, the Property Maintenance Code, Electrical Code or other ordinance applicable to the highway advertising sign or this section;
(c) False statements or misrepresentations made in securing the highway advertising sign special use permit and, if applicable, the multiple message sign supplemental permit; or
(d) Failure to pay the annual permit renewal fee; or
(e) The use of the highway advertising sign shall cease for a period of 90 days. A permit mistakenly issued in violation of this section or any other state law or ordinance may also be revoked. No highway advertising sign special use permit or and, if applicable, a multiple message sign supplemental permit shall be revoked except after a hearing by the Director of Community and Economic Development conducted not sooner than seven days following the mailing of notice to the permit or registration holder.
(L) Maintenance. All highway advertising signs shall be erected and maintained in accordance with the city Building Code and Property Maintenance Code and § 156.043 of this code. Any illuminated highway advertising sign or changeable electronic variable message sign shall meet the requirements of the current city Electrical Code. In addition, the highway advertising sign site must be kept free of litter resulting from deterioration of the highway advertising sign.
(M) Insurance. The permit holder shall obtain and thereafter keep in force commercial general liability insurance coverage provided by an insurance company authorized to transact business under the laws of the State of Illinois. The insurance company providing coverage shall be rated in the Best’s Key Rating Guide with a rating not lower than B+ provided the financial size category is VII or larger or a company rated A- or better having a financial size category of not less than VI. The commercial general liability insurance coverage shall be written in the occurrence form and shall provide coverage having an occurrence limit of $1,000,000 and a general aggregate liability limit of $2,000,000. The insurance shall have an effective date prior to the date the erection of the sign structure commences and shall remain in force during the period until the sign structure is removed. Termination or refusal to renew the required coverage shall not be made without 30 days’ prior written notice to the city by the insurer, and the policy shall be endorsed so as to remove any language restricting or limiting liability concerning this obligation. In the event of an occurrence giving rise to a loss which affects the interests of the city or the public, the permit holder shall promptly furnish to the city full certified copies of the insurance policy and any endorsements thereto.
(N) Bond. The permit holder shall furnish a bond secured by a surety company acceptable to the city in the amount of $5,000 conditioned upon the faithful observance of the provisions of this section. The bond shall be executed by a surety that is licensed to transact business in Illinois named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptance Reinsuring Companies” as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. The date of the bond must not be prior to the date of the application. If the bond is executed by an out-of-state agent, it shall be counter-signed by a resident agent licensed in Illinois and evidence of being so licensed shall be furnished. If the surety on the bond furnished by the permit holder is declared bankrupt, or becomes insolvent, or its right to do business is terminated in Illinois or it ceases to meet the requirements herein, the permit holder shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to the city.
(O) Nonconforming signs. Any highway advertising sign already legally in existence prior to the effective date of this section may be maintained for the life of the sign. If the nonconforming sign or nonconforming sign structure is destroyed or partially destroyed to the extent that any new permits are required, or the sign owner wishes to secure any permit to replace the nonconforming sign structure for any other reason, the sign shall be made to conform to this section except as otherwise provided by state law. Periodic maintenance and repair of a nonconforming sign, including changing the sign copy or advertisements, is permitted, provided such activities are not intended to extend the life of the sign or increase the extent of nonconformity.
(P) Removal of sign structures. The owner of any property upon which a highway advertising sign special use permit has been issued shall remove the sign structure and restore the property to substantially the same condition that existed prior to the installation of the sign structure within 30 days following the non-renewal or revocation of the highway advertising sign special use permit. However, if the owner of the property is unable to secure the appropriate government or utility approval or assistance to facilitate such removal, this time shall be extended a reasonable amount of time to allow for the removal of the sign structure. In the event that the owner of the property shall fail to remove the sign structure within 30 days following the termination of the highway advertising sign special use permit, the city may, at its option, remove the sign structure; and the owner of the property shall reimburse the city for all costs and expenses of the removal.
(Q) Violations.
(1) Notice. If any violation of this section is committed, the Director of Community and Economic Development shall give notice by certified or registered mail, return receipt requested, to the owner of the highway advertising sign and owner of record of the property upon which the highway advertising sign is situated. The notice shall give the nature of the violation, with reference to the applicable provisions of this section; actions necessary to correct any deficiencies; whether immediate corrective action is to be taken or whether 30 days are allowed to correct or remove the sign in violation; and that the decision of the Director of Community and Economic Development may be appealed to the City Council.
(2) Failure to comply. If no corrective action has been taken after notice has been given, the Director of Community and Economic Development shall initiate or cause the City Corporation Council to initiate any legal action or proceedings necessary to enforce this section.
(R) Penalties; remedies.
(1) Any person, firm, corporation, or association placing or erecting any outdoor advertising sign in violation of this section shall be punishable a fine in the amount of $750 for each offense with each day that the violation continues considered a separate violation.
(2) Other remedies. The city may seek injunctive relief, and all other appropriate remedies to insure compliance with these provisions.
(S) Appeals. Interpretations and decisions of the Director of Community and Economic Development regarding this section may be appealed in writing to the City Council, provided such appeal is initiated within ten days of the interpretation, decision, denial of a highway advertising sign renewal special use permit or receipt of a violation notice.
(T) Suspension of time limits. When an appeal is filed, any time limitations imposed by the Director of Community and Economic Development shall be suspended until the City Council renders a decision.
(U) Judicial review. Judicial review of the denial of a highway advertising sign special use permit and other decisions of the City Council other than the approval of a highway advertising sign special use permit, shall be in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois, pursuant to the provisions of the Administrative Review Act, ILCS Ch. 735, Act 5, §§ 3-101 et seq. Judicial review of the approval of a highway advertising sign special use permit shall be subject to de novo judicial review in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois.
(Ord. 12-54, passed 12-11-12; Am. Ord. 22-24, passed 8-23-22)