§ 154.393 ADMINISTRATION AND ENFORCEMENT OF SIGNS AND GRAPHICS.
   (A)   Duties. The Zoning Administrator is hereby authorized and directed to administer and enforce the provisions of this subchapter. This broad responsibility encompasses, but is not limited to, the following specific duties:
      (1)   To supervise the registration of all existing street signs and graphics;
      (2)   To review and pass upon all applications for street sign and graphic permits;
      (3)   To inspect existing and newly constructed street signs and graphics to determine compliance with this chapter, and where there are violations, to initiate appropriate corrective action;
      (4)   To review and forward to the Zoning Board of Appeals all applications for variances, for appeal and amendments;
      (5)   To maintain up-to-date records of the applications and of any official actions taken pursuant thereto;
      (6)   To periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations on these matter to the City Council at least once a year;
      (7)   To provide information to the general public on matters related to this chapter; and
      (8)   To perform other duties as the Zoning Board of Appeals or City Council may from time to time prescribe.
   (B)   Street sign and graphic permits.
      (1)   No sign, billboard, or other street sign or graphic, (except those listed in § 154.392(B)) shall be erected, expanded, altered, relocated, or reconstructed without a street graphic permit issued by the Zoning Administrator.
      (2)   Every applicant for a street sign or graphic permit shall submit to the Zoning Administrator, in narrative and/or graphic form, all of the items of information listed below. Items of information shall be as follows:
         (a)   Name, address, and telephone number of applicant;
         (b)   Name and address of owner of the premises on which the street sign or graphic is to be erected, if different from division (B)(2)(a) above;
         (c)   Location of the building, structure or lot where the proposed street sign or graphic is to be erected, and the zoning district classification of the premises;
         (d)   Description of the proposed street sign or graphic indication proposed location, dimensions, area, overall height, illumination and method of support/attachment;
         (e)   Relationship of the proposed street sign or graphic to nearby traffic control devices;
         (f)   Amount of street frontage that the establishment which proposes to display the street sign or graphic has, and the total area of all existing signs on the premises; and
         (g)   Other information as the Zoning Administrator shall reasonably require to determine full compliance with this subchapter.
   (C)   Nonconforming street signs and graphics.
      (1)   A NONCONFORMING STREET SIGN OR GRAPHIC shall mean any lawfully erected sign, billboard, or other street graphic that does not conform to one or more provisions of this subchapter or any amendment thereof.
      (2)   A nonconforming street sign or graphic that does not pose an imminent peril to life or property may remain and be maintained by ordinary repairs, but shall not be:
         (a)   Altered or enlarged in such a way as to increase its non-conformity;
         (b)   Replaced by another non- conforming street sign or graphic (provided that changing to message on a changeable copy sign shall not be deemed a violation of this subchapter);
         (c)   Relocated unless it is made to conform with this subchapter; or
         (d)   Reconstructed after incurring damage in an amount exceeding 50% of its market value prior to the time of loss as determined by the Zoning Administrator.
   (D)   Corrective action orders. Whenever the Zoning Administrator finds, by inspection or otherwise, that any street sign or graphic is in violation of this subchapter, he/she shall so notify the responsible party and shall order appropriate corrective action. Provided that this notice requirement shall not apply whenever the Zoning Administrator determines that any street sign or graphic poses an imminent peril to life or property.
      (1)   Contents of order. The order to take corrective action shall be in writing and shall include:
         (a)   A description of the premises sufficient for identification;
         (b)   A statement indicating the nature of the violation;
         (c)   A statement of the remedial action necessary to effect compliance;
         (d)   The date by which the violation must be corrected (which may be the same as the date of the order);
         (e)   A statement that the alleged violator is entitled to conference with the Zoning Administrator if he/she so desires;
         (f)   The manner and date by which an appeal of the corrective action order must be filed, and a statement of the procedure for so filing; and
         (g)   A statement that failure to obey a corrective action order shall result in revocation of the street sign or graphic permit, and may result in remedial action by this city and/or the imposition of a fine.
      (2)   Service of order. A corrective action order shall be deemed properly served upon the owner of the offending street sign or graphic if it is:
         (a)   Served upon him/her personally;
         (b)   Sent by certified mail with return receipts to his/her last known address; or
         (c)   Posted in a conspicuous place on or about the affected premises.
   (E)   Remedial action of city.
      (1)   Whenever the recipient of a corrective action order fails to obey the order within the time limit set forth therein, or in any emergency, the Zoning Administrator may alter/remove the offending street sign or graphic or take any other action necessary to effect compliance with this subchapter.
      (2)   Any expense incurred by the city pursuant to authorized street sign or graphic remedial action shall be billed by first class mail to the owner of the offending street sign or graphic. If said bill has not been paid within 30 days, the unpaid charge shall constitute a lien upon the real estate where the street graphic is located. The City Attorney is hereby authorized to file a notice of lien in the office of the Count Recorder of Deeds, to foreclose this lien, and to sue the owner of the real estate, or sign permittee, or their agents, in a civil action to recover the money due for the foregoing services, plus all expenses incurred pursuant to collection efforts including litigation expenses, plus reasonable attorney’s fees to be fixed by the court.
   (F)   Complaints. Whenever any violation of this subchapter occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Zoning Administrator. The Zoning Administrator shall record the complaints, promptly investigate, and if he/she deems necessary, initiate appropriate corrective action.
   (G)   Fees. All permit fees, or fees for appeals or variance, shall be established by the City Council by resolution and shall be paid to the City Clerk. These fees are intended to defray the administrative costs connected with the processing/conducting of the listed permits/procedures; they do not constitute a tax or other revenue-raising device.
   (H)   Variance. A sign variance is a relaxation of the strict application of requirements of this chapter that are applicable to a particular lot, structure or sign. Every request for a variance shall be treated in accordance with Illinois law (see ILCS Ch. 65, Act 5, § 11-13-5, ILCS Ch. 65, Act 5, § 11-13-6, ILCS Ch. 65, Act 5, § 11-13-7, ILCS Ch. 65, Act 5, § 11-13-7a) as provided in § 154.051.
      (1)   Every applicant for a sign variance shall submit to the Zoning Administrator, on forms provided by the Zoning Administrator, the items of information listed below. The Zoning Administrator shall promptly transmit the completed application to the Zoning Board of Appeals together with any recommendations or comments the Zoning Board of Appeals may deem appropriate for their review and consideration.
         (a)   Name and address of the applicant;
         (b)   Location of the lot or structure for which the sign variance is sought;
         (c)   Relationship of said lot or structure to adjacent lots or structures:
         (d)   Specific section(s) of this chapter containing the regulations which, if strictly applied, would cause a serious problem; and
         (e)   Other pertinent information that the Zoning Administrator may deem appropriate.
      (2)   The Zoning Board of Appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted to them. At the hearing any interested party (including any school or other taxing district in which the property in question is located) may appear and testify, either in person or by duly authorized agent or attorney. Notice of the hearing shall be given not more than 30 nor less than 15 days before the hearing:
         (a)   By first class mail to the applicant and to all parties whose properties are within 100 feet the property for which the sign variance is sought; and
         (b)   By publication in a newspaper of general circulation within the city.
      (3)   Within a reasonable time after public hearing on the application for a variance, the Zoning Board of Appeals shall render its decision after considering the following factors. The proposed variance is consistent with the general purpose of this chapter:
         (a)   Strict application of the requirements would result in great practical difficulties or hardship to the applicant, and prevent a reasonable return on the property;
         (b)   The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;
         (c)   The plight of the applicant is due to circumstances not from his own making;
         (d)   The circumstances engendering the variance request are peculiar and not applicable to other property within the district and, therefore, that a sign variance would be a more appropriate remedy than an amendment (re-zoning); and
         (e)   The variance, if granted, will not alter the essential character of the area where the premises in question are located nor materially frustrate implementation of the city’s Comprehensive Plan.
   (I)   Appeals. Any person aggrieved by any decision or order of the Zoning Administrator in any matter related to the interpretation or enforcement of any provisions of this subchapter may appeal to the Zoning Board of Appeals.
      (1)   Filing, stay of further proceedings.
         (a)   Every appeal shall be made within ten days of the matter complained of by filing with the Zoning Administrator a written notice specifying the grounds for appeal. Thereupon, the Zoning Administrator shall promptly transmit all pertinent records to the Zoning Board of Appeals.
         (b)   An appeal stays all further actions on the matter being appealed unless the Zoning Administrator certified to the Zoning Board of Appeals, after the notice of appeal has been filed with him/her, that for reason stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Zoning Board of Appeals or the circuit court grants a restraining order for due cause, and so notifies the Zoning Administrator.
      (2)   Public hearing, notice. The Zoning Board of Appeals shall consider every appeal within a reasonable time after the filing of the notice of appeal pursuant to division (H)(1) above and shall act upon such not later than 30 days after the filing of the appeal. The Zoning Administrator shall notify the appellant and all interested parties of the time and place at which the appeal shall be heard and post public notice of the proceeding at City Hall. The Zoning Board of Appeals shall render a decision on the appeal by a simple majority vote of all members then holding office or may modify or amend the order appealed to the extent and in a manner as is appropriate in its discretion. The Zoning Board of Appeals decision may be appealed to the City Council as provided in § 154.057.
(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)