[Ord. 686, 10-20-2008; amended Ord. 2014-817, 8-18-2014]
Any structure with a square footage of more than 200 square
feet directing attention to or advertising a business, commodity,
service, product or property.
Any advertising surface having a square footage of 110 feet
or more.
[Ord. 686, 10-20-2008; amended Ord. 2014-817, 8-18-2014]
It shall be the duty of the building and safety officer to enforce
the provisions of this chapter, and he is hereby authorized to do
so.
[Ord. 686, 10-20-2008; amended Ord. 2014-817, 8-18-2014]
(A)
Required: It is unlawful to construct a billboard within the City
without having first secured a permit therefor from the building and
safety officer.
(B)
Application: Applications for billboard permits shall be made in
writing to the building and safety officer. Each application shall
state thereon the name of the owner of the premises where the billboard
is to be located, the name of the person or entity constructing the
billboard, and specifications showing the size, material, cost and
manner of construction of the billboard, with plans sealed by an Illinois
registered architect or structural engineer.
(C)
Fee: The fee for a permit to construct any such billboard shall be
assessed utilizing the current schedule in the building and safety
office for all building permits.
[Ord. 2016-850, 5-16-2016]
(A)
Billboards Limited: Billboards must meet the following requirements:
(B)
Size, Height And Mounting Of Billboards: The size, height and mounting
of billboards shall be regulated by the following:
1.
Maximum Area: The maximum area for any one billboard panel shall
be 300 square feet with a maximum vertical dimension of 15 feet and
a maximum horizontal dimension of 20 feet inclusive of border and
trim but excluding the base or apron, supports, and other structural
members.
2.
Maximum Height: The maximum height of a billboard shall not exceed
45 feet in a C-2 zone; 45 feet in an 1-1 zone, or 55 feet in an I-2
zone above the natural grade where the sign is installed.
3.
Location: No sign shall be located on the roof of a building or on
a nonsign structure.
4.
Freestanding: Billboards shall be freestanding and not attached to
any other structure or building.
5.
Stacked: Billboards may be stacked such that a billboard panel is
placed immediately above or below another billboard panel, but no
more than two high.
6.
Illumination: A billboard may be illuminated, provided such illumination
is consistent with the requirements for a digital billboard as set
forth herein, or is concentrated on the surface of the billboard and
is located so as to avoid glare or reflection onto any portion of
an adjacent street or highway, the path of oncoming vehicles or any
adjacent premises.
7.
Appearance: Except for time and temperature signs or digital billboards
as otherwise regulated herein, all billboards must be stationary and
may not contain any visible moving parts, alternating or moving messages
or have the appearance of having moving parts or messages. Under no
circumstances may any type of billboard contain a message or display
that appears to flash, undulate, pulse, move or portray explosions,
fireworks, flashes of light, or blinking lights or otherwise appears
to move toward or away from the viewer, expand or contract, bounce,
rotate, spin, twist or make other comparable movements.
8.
Blockage: In the location and placement of a new billboard, the applicant
must make his/her best effort that the proposed billboard does not
unduly block the view of existing business signs on adjacent commercial
properties from the public street.
(C)
Separation Requirements: No billboard or any part of the billboard
structure shall be erected:
1.
Within 300 feet of any residentially zoned property; or
2.
Within 75 feet of any existing building; or
3.
Within 300 feet of any park, playground, school, library or place
of worship; or
4.
Within 75 feet of an overhead power line; or
5.
Within 500 feet of another billboard; or
6.
Within 50 feet of a City right of way.
(D)
Digital Billboards:
1.
Purpose And Intent: The City recognizes that billboards are, by their
nature, different in scope and purpose from other types of signage
in the City. Among other matters, billboards advertise or communicate
goods, services or messages not conducted, sold or generated on the
lot where the billboard is located. Billboards are significantly larger
in size than other types of signage allowed in the City and their
principal purpose is to dramatically attract the attention of the
traveling public. The potential impact of a billboard on adjacent
areas is significantly greater than other types of signage. Recently,
more businesses desire to utilize advancements in technology which
permit billboards to change copy electronically (e.g., utilizing an
LED or digital type of sign). These newer technologies exacerbate
the potential impact of a billboard in terms of adversely dominating
the environment in which they operate due to light spillover and light
pollution, unless regulated in a reasonable fashion. The intent of
this section is to establish operating standards and regulations for
billboards utilizing these newer technologies, in order to minimize
the secondary effects that can accompany the unregulated display of
these types of signs, preserve the character and repose of adjacent
areas (with a principal focus on residential neighborhoods), protect
property values in all areas of the City, and reduce traffic and similar
hazards caused by undue distractions.
2.
Display:
(a)
The display or message on a digital billboard, of any type,
may change no more frequently than once every 10 seconds, with a transition
period of one second or less.
(b)
The display or message must otherwise comply with Subsection
(B)7 of this section and the digital billboard must have installed
an ambient light monitor which shall continuously monitor and automatically
adjust the brightness level of the display based on ambient light
conditions consistent with terms of this section.
(c)
Maximum brightness levels for digital billboards shall not exceed
0.2 foot-candle over ambient light levels measured within 150 feet
of the sign. Certification must be provided to the City demonstrating
that the sign has been preset to automatically adjust the brightness
to these levels or lower. Reinspection and recalibration shall be
annually required by the City, in its reasonable discretion, at the
permittee's expense to ensure that the specified brightness levels
are maintained at all times.
(d)
Brightness of digital billboards shall be measured as follows:
(1)
At least 30 minutes following sunset, a foot-candle meter shall
be used to obtain an ambient light reading for the location. This
is done while the billboard is off or displaying black copy. The reading
shall be made with the meter aimed directly at the billboard area
at the preset location.
(2)
The billboard shall then be turned on to full white copy to
take another reading with the meter at the same location.
(3)
If the difference between the readings is 0.2 foot-candle or
less the brightness is properly adjusted.
3.
Other Requirements: The use, size and location of digital billboards,
must comply with all other relevant regulations and ordinances of
the City.
(E)
Construction And Maintenance And Inspection Reports: A billboard
shall be constructed in such a fashion that it will withstand all
wind and vibration forces that can normally be expected to occur in
the vicinity and in compliance with all applicable codes. A billboard
shall be maintained so as to assure proper alignment of structure,
continued structural soundness and continued readability of message.
Whenever a billboard is erected or maintained within the City, the
owner of such billboard shall cause an inspection of it at least every
five years and a photocopy of the inspection shall be submitted to
the building and safety officer.
[Ord. 686, 10-20-2008; amended Ord. 2014-817, 8-18-2014]
(A)
Any person erecting or constructing a billboard or billboards in
violation of this chapter shall, upon conviction, be fined not less
than $100 nor more than $500 and a further fine of $100 per day after
such construction in violation of this chapter that such billboard
or billboards shall be maintained and until such billboard or billboards
shall be removed or brought into compliance.
(B)
Whoever shall erect, keep, or maintain any billboard or board for
advertising, upon any ground or place, or whoever keeps, or maintains
any billboard or board for advertising purposes, upon any private
premises adjacent to any sidewalk, street or footway, the same being
so erected as to occasion danger or inconvenience to the public, shall
be deemed guilty of erecting a nuisance, and be fined not less than
$25 nor more than $100.
[Ord. 686, 10-20-2008; amended Ord. 2014-817, 8-18-2014]
(A)
Purpose: The purpose of this section is to provide for the regulation
of billboards that legally existed prior to the effective date hereof,
but which fail to comply with one or more of the applicable regulations
or standards. It is the intent of this section to specify those circumstances
and conditions under which such nonconformities shall be permitted
to continue.
(B)
Applicability: This section applies to nonconforming billboards that
were originally allowed and have been maintained over time. These
billboards have legal nonconforming status and may continue so long
as they are otherwise legal. Nonconforming billboards that were not
permitted when they were established and have been maintained over
time have no legal right to continue and shall be terminated.
(C)
Status Of Legal Nonconforming Billboards: Any billboard which was
lawfully established, erected or affixed prior to the effective date
hereof and which complied with all regulations in force at the time
it was erected or affixed, but which fails to conform to all applicable
regulations and restrictions of this title, shall be considered a
legal nonconforming billboard. A legal nonconforming billboard may
be continued so long as it is otherwise in conformance with these
standards and is maintained in good condition. The owner of a nonconforming
sign or billboard shall register the billboard with the Building and
Safety Official and shall provide documentation of the prior existence
of the nonconformity within 12 months of notification by the City
of the nonconformity. Documentation shall include:
1.
A dated receipt for sale or erection from a contractor; or
2.
Dated utility bills for separate meter to service the billboard;
or
3.
Advertisements with a photograph of the billboard in dated publications;
or
4.
Other evidence showing that the billboard existed prior to the effective
date hereof.
(D)
Certificate Of Nonconforming Use: If the building and safety officer
determines that the nonconforming billboard was permitted at the time
and has been legally maintained over time, the Building and Safety
Official will issue a certificate of nonconforming use to the applicant.
(E)
Conditions Under Which Legal Nonconforming Billboards Are Permitted:
An existing nonconforming billboard may continue to be used subject
to the following conditions:
1.
The message displayed on a nonconforming billboard may be changed,
and painted messages on a nonconforming billboard may be repainted.
2.
A nonilluminated, nonconforming billboard shall not be illuminated.
3.
A nonconforming billboard may be changed or altered for the express
purpose of making it a conforming billboard.
4.
In order to eliminate an unsafe condition(s), the building and safety
officer may order that repairs and/or alterations be made to a nonconforming
billboard. Such ordered repairs shall be the minimum necessary to
correct an unsafe situation(s).
5.
The type of materials used in the construction of the structural
elements of a billboard shall not be changed after the date the billboard
becomes a nonconforming billboard nor shall structural alterations
be made to a nonconforming billboard.
6.
Nothing contained in this section shall be construed so as to permit
the enlargement of a nonconforming billboard.
(F)
Conditions Under Which Nonconforming Billboards Are Not Permitted:
Under the following conditions, a nonconforming billboard shall be
removed or brought into conformance with this title:
1.
Illegal Billboard: The billboard was not established or expanded
in conformance with the regulations of this chapter or previous ordinances
adopted by the City to regulate advertising and billboards.
2.
Destruction Or Damage: If any nonconforming billboard is destroyed
or damaged to the extent of 50% or more of the original cost of the
billboard and its structure, as determined by proof submitted by the
owner to the satisfaction of the building and safety officer, the
billboard shall not be replaced.
3.
Excessive Maintenance Or Repairs: If the value of maintenance or
repairs to ensure the safety and compliance of the billboard with
the regulations of this chapter is 50% or more of the fair market
value of the billboard prior to the repairs, the billboard shall be
brought into conformance with the provisions of this chapter. Value
shall be based on material costs and labor based on prevailing wage
rates.
4.
Cessation Of Use Of Property: A nonconforming billboard shall be
removed or made to conform to all the requirements of this chapter
if one of the following occurs:
(a)
The use of the property for which the billboard was intended
to advertise is discontinued for a period of 90 consecutive days.
(b)
The products or services offered on the site for which the billboard
was intended are no longer offered for a period of 90 consecutive
days.
(c)
The nonconforming billboard ceases to be used for the purpose
for which it was intended for a period of 90 consecutive days.
5.
Prohibited Nonconforming Billboards: Any billboard that is prohibited
under this chapter shall be removed or made to conform to the current
billboard regulations within 30 days of receipt of a notice of nonconformity.
