A. General: The Zoning Administrator or his/her designee shall be responsible for the administration and enforcement of this chapter.
B. Abandoned Signs: Except as otherwise provided in this chapter, any temporary sign installed for a period of thirty (30) days or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned and shall be removed.
Permanent signs applicable to a business suspended because of a change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises.
C. Removal Of Signs: Removal indicates reduction to grade. Any sign found to be improperly maintained, abandoned or otherwise in violation of this chapter which is not removed or repaired within thirty (30) days of written notice of the Zoning Administrator or his/her designee may be removed or repaired at the order of the Zoning Administrator or his/her designee.
D. Nonconforming Signs:
1. Amortization: Pursuant to this chapter, the City has determined the amortization of nonconforming signs will promote the health, safety, welfare, and economy of the City. All nonconforming signs shall be removed or made conforming to the requirements of this chapter within ten (10) years of the effective date of this amendment unless the sign is damaged, in need of repair or a change in the name of business occurs. An ownership only change may occur without requiring total compliance for a nonconforming sign.
2. Repairs: Nonconforming signs shall not be structurally enhanced or modified so as to prolong the life of the sign, or shall not be moved in whole or in part to another location, unless the sign is made to conform to the regulations of this chapter. Normal maintenance of legal nonconforming signs shall be allowed.
Nothing in this section shall be deemed to prevent the strengthening or restoration to a safe condition of a sign in accordance with an order of a public official who is charged with protecting the public safety and who declares such a sign to be unsafe and orders its restoration to a safe condition, provided such restoration is not otherwise in violation of the various provisions of this chapter prohibiting the repair or restoration of partially damaged or destroyed structures.
3. Elimination Of Nonconforming Pole And Wall Signs: Nonconforming pole signs must be brought into conformance at the time of an application for site plan approval; nonconforming wall signs must be brought into conformance in the event of a change in use.
4. Termination Of Nonconforming Signs:
a. Termination By Abandonment: Any nonconforming sign, the use of which is discontinued for a period of ninety (90) days, shall be presumed abandoned and shall not thereafter be reestablished. Any period of such discontinuance caused by government actions, strikes, material shortages or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this chapter.
b. Termination By Change Of Business: Any nonconforming sign advertising or relating to a business on the premises on which it is located shall be terminated upon any change in the nature of the business; provided, however, such termination shall not be required if there is no change in the name or manner in which the business is conducted and such change, ownership or control does not require the modification or alteration of any existing sign.
c. Termination By Damage Or Destruction: Any nonconforming sign damaged or destroyed, by any means, to the extent of thirty five percent (35%) of its replacement cost shall not be restored but shall be terminated.
d. Termination At End Of Ten Year Period: Nonconforming sign shall be brought into conformance within ten (10) years of the effective date hereof, or such signs shall be subject to removal upon the order of the Zoning Administrator or his/her designated representative.
e. Exceptions: The requirements of this chapter shall not apply to the thirty four inch (34") diameter antique Chevrolet clock and the four foot nine inch (4'9") high, six foot (6') long Chevrolet sign attached to the face of the building located at 28W 265 Warrenville Road. This clock and sign were originally installed in the mid to late 1930s. Due to their historical significance, this clock and sign are hereby deemed legal nonconforming and exempt from the amortization requirements of this chapter.
E. Permit Fees: The fee to be charged for permits for the construction or erection of any sign requiring a permit shall be as follows:
1. Nonilluminated signs: Fifty dollars ($50.00).
2. Temporary signs:
a. Large real estate and construction signs: Fifty dollars ($50.00).
b. Banners: Twenty five dollars ($25.00), except that the permit fee for feather flags shall be fifty dollars ($50.00).
c. Placard signs:
(1) Three (3) to fourteen (14) day increments: Twenty five dollars ($25.00).
(2) Thirty (30) day increments: Fifty dollars ($50.00).
(3) One year increments: Four hundred fifty dollars ($450.00).
3. Grand opening signs: Seventy five dollars ($75.00).
4. Illuminated signs: Seventy five dollars ($75.00).
F. Appeals:
1. Scope And Commencement Of Appeals: An appeal from the decision of the Zoning Administrator made in interpreting this chapter may be taken to the Zoning Board of Appeals by any person aggrieved by said decision or by any officer, department, board or bureau of the City. Such appeal shall be taken within thirty five (35) days of the ruling by the Zoning Administrator, by filing with the Zoning Administrator a notice of appeal, specifying the grounds thereof, and by filing said appeal and a copy of said notice of appeal with the Secretary of the Zoning Board of Appeals. The Zoning Administrator shall forthwith transmit to the Secretary of the Zoning Board of Appeals all the papers constituting the records upon which he made the decision from which appeal has been taken. The notice of appeal and the appeal itself shall be filed in such number of copies, be in such form and contain such information as the Board may provide from time to time by general rule.
2. Action On Appeals: An appeal shall stay all proceedings in furtherance of the decision appealed unless the Zoning Administrator certifies to the Zoning Board of Appeals after the notice of appeal has been filed with him that, by reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed without a restraining order, which may be granted by the City Council or by a court of record upon application following notice to the Zoning Administrator, and upon due cause shown. The Board shall select a reasonable time and place for the public hearing on the appeal, shall give due notice thereof to the parties having a known interest therein and shall render a written recommendation without unreasonable delay. Upon conclusion of the hearing, the Board shall make a recommendation to the City Council with respect to the appeal. The City Council shall review the record and the recommendation and shall make a final, binding decision with respect to the appeal. The Council may reverse or affirm, in whole or in part, or may modify the decision from which the appeal was taken, and to that end the Council shall have all the powers necessary to implement such decision.
3. Fees On Appeal/Variations: If any appeal should be taken from the decision of the Zoning Administrator or if a variation is requested from the literal application of the provisions of this chapter, the applicant shall be charged the cost of required newspaper publication of the notice of hearing, public hearing fees, and transcript charges. In addition, when a variation is requested, the applicant shall be responsible for notifying in writing by certified mail all adjacent landowners within two hundred fifty feet (250') of the subject property of the requested variation. Said written notice shall be sent not more than thirty (30) days nor less than fifteen (15) days prior to the scheduled date of the public hearing. The applicant shall be required to post a notification sign in the front yard of the subject property stating the type of appeal or variation requested, the scheduled date, time and location of the hearing.
G. Variations:
1. Authorization: The City Council, after a hearing before the Zoning Board of Appeals, may authorize such variations as are hereinafter set forth from the terms of this chapter in harmony with their purpose and intent as will not be contrary to the public interest. Variations may be authorized only when based on findings of fact pursuant to the standards set out in subsection C of this section, that owing to special conditions a literal enforcement of the provisions of this chapter will, in an individual case, result in practical difficulties or particular hardship.
2. Application For Variation: An application for a variation shall be filed with the Zoning Administrator who shall forward a copy to the Secretary of the Zoning Board of Appeals. The application shall contain the following information as well as such additional information as may be prescribed by rule of the Zoning Board:
a. The particular requirements of the chapter which prevent the proposed construction;
b. The characteristics of the subject property which prevent compliance with the requirements of this chapter;
c. The extent of the variations which would be necessary to permit the proposed construction; and
d. The practical difficulty or particular hardship which would result if said particular requirements of the chapter were applied to the proposed construction.
3. Proceedings Before The Zoning Board Of Appeals: Upon receipt of an application in proper form, the Zoning Board of Appeals shall conduct a public hearing thereon. The Zoning Board of Appeals shall examine the proposal for variation in accordance with the following standards:
a. The proposed variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations were carried out and which is not generally applicable to signs within the district.
b. The alleged hardship has not been directly created by any person having a proprietary interest in the premises.
c. The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood.
d. The proposed variation will not impair an adequate supply of light and air to adjacent property, increase the danger of fire or endanger the public safety.
e. The proposed variation will not alter the essential character of the locality.
f. The proposed variation is in harmony with the spirit and intent of this chapter.
Upon conclusion of the hearing, the Board shall make a recommendation to the City Council with respect to the variation, which recommendation shall include preliminary findings of fact specifying the reasons for making the variation and shall refer to any exhibits containing plans which have been made part of the application or which were introduced at the public hearing as evidence. Such exhibits shall remain part of the permanent record. The terms of relief recommended shall be specifically set forth in conclusions or statements separate from the findings of fact.
4. Action By The City Council: The City Council shall review the record, the preliminary findings, and the recommendation and shall make a final, binding decision with respect to the variation. The Council may accept or reject, in whole or in part, or may modify the recommendation and findings of the Board, and may impose such conditions and restrictions upon the construction and design as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values, and to that end the Council shall have all the powers necessary to implement such decision.
H. Penalty: Any person who violates any provision of this chapter except for the placard sign provisions identified in subsection 8-14-6B2e of this chapter shall, upon conviction thereof, be fined not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00) for each offense. Any person who violates any provision of subsection 8-14-6B2e of this chapter shall be fined twenty five dollars ($25.00). Any person who violates any provision of subsection 8-14-6B2e of this chapter a second time shall, upon conviction, be fined seventy five dollars ($75.00). Any person who violates any provision of subsection 8-14-6B2e of this chapter a third time shall, upon conviction, be fined one hundred dollars ($100.00) and shall have their temporary placard sign permit privileges revoked for a one year period. Every day that a violation of this chapter shall occur shall constitute a separate offense. The Zoning Enforcement Officer or his/her designee shall be primarily responsible for issuing violation notices for signs not conforming with the provisions of this chapter. (Ord. O2017-38, 6-19-2017; amd. Ord. O2020-34, 9-21-2020)