(A) Enforcement officer, duties. The Building & Zoning Official is hereby authorized and directed to administer and enforce the provisions of this chapter. This responsibility includes, but is not limited to, the following:
(1) To supervise the registration of all existing graphics;
(2) To review and approve applications for graphics permits;
(3) To inspect existing and newly constructed graphics to determine compliance with the provisions of this chapter, and where there exists violations, to initiate appropriate corrective actions;
(4) To review and forward to the Planning Commission all applications for variances, appeals and amendments;
(5) To maintain up-to-date records of said application 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 matters to the City Council at least once each year; and
(7) To provide information to the general public on matters related to this chapter.
(B) Notification to existing graphic owners. Publication of this chapter is required ten days before it becomes effective.
(C) Graphic permit. No sign, billboard or other graphic, except those exempted from the provisions of this chapter shall be erected, altered, expanded, relocated or reconstructed without a graphic permit issued by the Building & Zoning Official.
(1) Application for permit. Application for a graphic permit shall be made on forms provided by the Building & Zoning Official and shall include the information listed below:
(a) Name, address, and telephone number of the applicant;
(b) Name, address, and telephone number of the owner of the premises on which the graphic is to be erected;
(c) Location of the building, structure, or lot where the graphic is to be erected, and the zone district classification;
(d) Description of the graphic indicating location, dimensions, area, height, illumination method of support;
(e) Position of graphic in relation to nearby buildings, street grade and traffic control devices;
(f) Amount of street frontage that the establishment which proposes to display the graphic has and the total area and type of all existing signs on said premises;
(g) If application for sign permit is for signage for a building to be newly constructed, a site plan displaying all sign locations, a complete set of final drawings displaying all elevations, and the building permit number; and
(h) Such other information as the Building & Zoning Official shall require to determine full compliance with this chapter.
(D) Issuance of permit. Upon the filing of an application for a graphic permit, the Building & Zoning Official shall examine the plans and specifications and the premises upon which the graphic is to be located. If the proposed graphic meets the requirements of this chapter, a permit shall be issued within 14 days of this application. If the graphic does not meet the requirements of this chapter, the Building & Zoning Official shall deny the permit and within 14 days of the application, respond to the applicant in written form. All signs authorized under a graphic permit must be completed within six months after the date of issuance.
(E) Nonconforming graphics.
(1) A nonconforming graphic is one lawfully erected and existing as of the date that this chapter became effective, or prior to any amendment hereto, but which does not comply with the regulations set forth herein or to any applicable amendments hereto. All nonconforming graphics are either subject to amortization for a period of one year from the date that the chapter becomes effective, or for a period of one year from any amendment hereto as to those rendered unlawful by reason of such amendment, or they are allowed to remain indefinitely under certain conditions (which is sometimes referred to as grandfathering).
(a) Nonconforming, one-year amortization. All nonconforming graphics that are rendered nonconforming by reason of § 155.03(E) through (G) and § 155.04(A) are subject to a one-year amortization period from the date that this chapter becomes effective, and they shall either be removed or brought into compliance with ordinance provisions within the amortization period.
(b) Nonconforming, unlimited (grandfathered). All other nonconforming graphics shall be allowed to remain and be maintained by ordinary repairs as long as each graphic is registered with the Building & Zoning Official's office within one year from the effective date of this chapter, but each such graphic shall not be:
1. Replaced or changed by another nonconforming graphic (provided that changing the message on a changeable copy graphic or off-premises graphic shall not be deemed a violation of this provision);
2. Altered or enlarged (provided that changing the message on a changeable copy graphic or off-premises graphic shall not be deemed a violation of this provision);
3. Relocated unless it is made to conform with this chapter;
4. Reconstructed after damage or destruction in an amount exceeding 50% of its replacement value at the time of the loss; or
5. Structurally altered to prolong the life of the graphic.
(2) If the sign is not registered within the registration period, then the sign is not grandfathered and is required to be removed or brought into compliance with this chapter at the expiration of the one-year registration period.
(3) This division includes all prohibited signs and all graphics rendered nonconforming under sections other than those listed in division (E)(1)(a) of this section. The type, location, area, height, size, shape and number of grandfathered graphics shall be included in any calculation when determining compliance of new or altered graphics for each establishment.
(F) Unsafe or unlawful graphics.
(1) Whenever the Building & Zoning Official finds that any graphic or supporting structure is in violation of this chapter, the Building & Zoning Official shall notify the responsible party, and shall order the appropriate corrective action.
(2) The notice requirement shall not apply whenever the Building & Zoning Official determines that any graphic poses an imminent threat of injury to life or property.
(a) Contents of written notice. The corrective order notice shall be in writing and shall include:
1. Location of the premises upon which the graphic exists;
2. Statement of the nature of the violation;
3. Statement of the corrective action necessary to bring the graphic into compliance;
4. The date by which the violation must be corrected;
5. The date by which an appeal of the corrective order must be filed; and the procedures for filing an appeal; and
6. Statement that failure to obey the corrective action order shall result in revocation of the graphic permit, and may result in further remedial action including removal and/or fines.
(b) Notification procedure. A corrective action order notice shall be served to the owner of the graphic by:
1. Personal delivery; or
2. Sent by registered mail to last known address.
(G) Remedial action by city.
(1) Whenever the recipient of a corrective action order notice fails to obey said order within the time limit set forth therein or in any emergency, the Building & Zoning Official may alter/remove the subject graphic or take any other action necessary to effect compliance with this chapter.
(2) Reimbursement for expenses.
(a) Any expense incurred by this city pursuant to authorized graphic corrective action shall be billed by first-class mail to the owner, or agent of the graphic or premises upon which the graphic is located.
(b) If said bill has not been paid within ten days, the unpaid charge shall constitute a lien upon the real estate where the graphic is located. The Building & Zoning Official is hereby authorized to file a notice of lien in the Office of the Recorder of Deeds of Madison County, Illinois, and to authorize any legal proceedings necessary to ensure compliance and/or collection.
(H) Complaints. Whenever any violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint with the city. The Building & Zoning Official shall record such complaints, promptly investigate, and, if he/she deems necessary initiate appropriate corrective action.
(I) Penalties.
(1) Any person who is convicted of a violation of this chapter shall be fined not less than $50 nor more than $750, plus costs. Each day that a violation continues shall be considered a separate offense.
(2) Nothing contained in this section shall prevent the city from taking any other lawful action that may be necessary to secure compliance with this chapter.
(J) Schedule of fees. All fees indicated below shall be paid by the applicant upon submission of the proper permit application. Said 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.
Permit/Procedure | Fee |
Graphic Permit | 100.00 |
Appeal | 250.00 |
Variance | 250.00 |
Amendment | 250.00 |
(Ord. 2014-02, passed 1-21-2014; Ord. 2016-05, passed 3-21-2016)