G87-04 Ordinance No. G87-04
AN ORDINANCE
AMENDING TITLE 19, ENTITLED "ZONING" OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED
(Off-Premises Signs)
WHEREAS, written application has been made to amend the Elgin Zoning Ordinance
provisions pertaining to off-premises signs; and
WHEREAS, the Planning and Development Commission held a public hearing
concerning the proposed amendment after due notice in manner provided by law; and
WHEREAS, the Planning and Development Commission has submitted its written
findings and recommendation that the requested amendment be granted; and
WHEREAS, the City Council concurs in the findings and recommendation of the
Planning and Development Commission; and
WHEREAS, the City Council has determined that the success of the billboard or outdoor
advertising business depends entirely upon the occupation of places along the sides of highways
or near parks and other similar public places; and
WHEREAS, the City Council recognizes that off-premise signs commonly referred to as
billboards and outdoor advertising signs constitute a use of the public's investment in the
roadways and other public places rather than a use of private property and that the only real
value of a sign or billboard lies in its proximity to the public thoroughfares within public view;
and
WHEREAS, the City Council has determined that the visual blight created by off-
premise signs is a detriment to the city's public thoroughfares; and
WHEREAS, the City Council has determined that a prohibition on the creation of any
off-premises signs and the amortization of existing off-premise signs in the city is in the best
interest of the public welfare
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. Incorporation of Recitals. The foregoing recitals are substantive and are hereby
incorporated in this ordinance as though fully set forth herein.
Section 2. That chapter 19.50 entitled "Signs," of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by amending section 19.50.050, entitled "Signs
Prohibited,"to read as follows:
"The following "signs" [SR] or sign characteristics are expressly prohibited, excepting
similar signs or sign characteristics specifically allowed by another section of this
Chapter: "animated signs" [SR], "attention-getting devices" [SR], "beacons" [SR],
"flashing signs" [SR], inflatable signs and tethered balloons, off-premise signs" [SR],
"painted wall signs" [SR], "pennants" [SR], "projecting signs" [SR], "portable signs"
[SR], "festoon lighting illumination" [SR], graffiti, "roof signs" [SR], "unsafe signs"
[SR], "obsolete signs" [SR] and"vehicle signs" [SR]."
Section 3. That Section 19.50.095 entitled "Signs for Planned Center City Districts" of
the Elgin Municipal Code, 1976, as amended, be and is hereby repealed in its entirety.
Section 4. That chapter 19.50 entitled "Signs," of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by adding new section 19.50.125, entitled
"Amortization of Existing Off-Premise Signs,"to read as follows:
"19.50.125: AMORTIZATION OF EXISTING OFF-PREMISE SIGNS
Amortization of Existing Off-Premise Signs. This section provides for a period of
continued use of a nonconforming "off-premise sign" [SR] in existence as of the effective
date of this ordinance. During this period of use, it is expected that the sign may be
amortized on federal income taxes; however, whether the "off-premise sign" [SR] may be
so amortized shall not affect the application of this section. Similar treatment shall be
accorded to an existing "off-premise sign" [SR] in an area annexed to the city after the
effective date of this ordinance.
A. Amortization Period; Conditions. Notwithstanding the provisions of section
19.50.130 of this chapter, or chapter 19.52 of this Title, an "off-premise sign"
[SR] existing as of the effective date of this ordinance shall be removed not later
than November 1, 2011, provided, however, that the amortization period
established by this section may be used only if the "off-premise sign" [SR] retains
its nonconforming status in accordance with the provisions of this section. The
provisions of this section shall not apply to any "off-premise sign" [SR] located
along a federal aid primary highway or an interstate highway for which sign
compensation is regulated by federal law and was erected and is permitted and
maintained in compliance with federal regulations.
B. Notification of Nonconforming Off-Premise Sign. The Development
Administrator shall, as soon as practical, survey the city to determine the location
of all "off-premise signs" [SR]. When an "off-premise sign" [SR] has been
identified, the Development Administrator shall use reasonable efforts to
determine the identity the owner of the "off-premise sign" [SR] and, where
practical, the owner of the property on which the "off-premise sign" [SR] is
located and provide written notification to each identified party. The
Development Administrator's written notification shall apprise each identified
party of the "off-premise sign's" [SR] nonconformity with the provisions of this
chapter and of the amortization period established by this section.
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If the identity of the owner of the "off-premise sign" [SR] or owner of the
property on which the "off-premise sign" [SR] is located cannot be determined
after reasonable inquiry, the Development Administrator's notice may be affixed
in a conspicuous place on the "off-premise sign" [SR]. A file shall be established
in the Department of Code Administration and Development Services and a copy
of the notice and certification of posting shall be maintained for records.
C. Registration of Nonconforming Off-Premise Sign. The owner of any"off-premise
sign" [SR] and the owner of the property owner upon which such "off-premise
sign" [SR] is located shall register such "off-premise sign" [SR] with the city. The
registration certificate shall be obtained by the owner of the "off-premise sign"
[SR] and the owner of the property owner upon which such "off-premise sign"
[SR] is located within sixty (60) days of notification by the Development
Administrator. The registration certificate shall be issued and shall expire at the
end of the applicable amortization period prescribed in subsection A of this
section.
The registration certificate for an "off-premise sign" [SR] shall contain the name
and address of the owner of the "off-premise sign" [SR] and the owner of the
property upon which the "off-premise sign" [SR] is located and such other
pertinent information as the Development Administrator may require to ensure
compliance with this chapter, including, but not limited to, proof of the date of
installation of the "off-premise sign" [SR]; the structural configuration and
components of the "off-premise sign" [SR] existing at the time of registration; the
existing height, width, surface area and illumination of the "off-premise sign"
[SR]; and, the existing location of the "off-premise sign" [SR] on the property
upon which it has been erected.
An "off-premise sign" [SR] for which no registration certificate has been issued
within the sixty (60) day period of notification from the Development
Administrator, or for which a registration certificate has been revoked by the
Development Administrator, shall be removed within six (6)months from the date
of the applicable action of the Development Administrator.
D. Loss of Nonconforming Status. An "off-premise sign" [SR] shall immediately
lose its nonconforming status if:
1. The existing structure of the "off-premise sign" [SR] is altered in any way,
including but not limited to, its height, width, surface area and illumination; or
2. The"off-premise sign" [SR] is relocated or repositioned to a location other than
that in which was identified on the registration certificate; or
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r► 3. The "off-premise sign" [SR] is replaced. For the purposes of this subparagraph,
replacement shall refer to structural replacement and not change of"copy," panel
or lettering; or
4. No "off-premise sign" [SR] registration is filed by the owner of the "off-
premise sign" [SR] and the owner of the property upon which the "off-premise
sign" [SR] is located within sixty (60) days following notification by the
Development Administrator that the "off-premise sign" [SR] is nonconforming
and that a registration certificate must be obtained.
Upon any of the above-referenced circumstances taking place, any registration
certificate designating an "off-premise sign" [SR] as nonconforming and subject
to the amortization provisions of this section shall become void. The
Development Administrator shall notify the owner of the "off-premise sign" [SR]
and the owner of the property upon which the "off-premise sign" [SR] is located
of the registration certificate's revocation and the "off-premise sign" [SR] shall be
removed in accordance with subsection C of this section.
E. Off-Premise Sign Maintenance and Repair. Nothing in this section shall relieve
the owner of any "off-premise sign" [SR] and the owner of the property upon
which the "off-premise sign" [SR] is located from the provisions of this Code
regarding safety, maintenance and repair of signs, provided, however, that any
repainting, replacement of "copy," panels and/or lettering, cleaning and other
normal maintenance or repair of the "off-premise sign" [SR] or its structure shall
not modify the "off-premise sign" [SR] or its structure in any way which is not in
compliance with the requirements of this Title or the "off-premise sign" [SR] will
lose its nonconforming status and have its registration certificate revoked.
F. Penalties. Any person including, but not limited to, the owner of any"off-premise
sign" [SR] and the owner of the property in which an "off-premise sign" [SR] is
located, violating any of the provisions or failing to comply with any of the
mandatory requirements of this section shall be guilty of an offense. Any person
convicted of an offense under this section, in addition to other legal and equitable
remedies available to the city, shall be punished by a fine of not less than five
hundred dollars ($500.00) nor more than one thousand dollars ($1000.00). Any
such person shall be guilty of a separate offense for each and every day during
any portion of which any violation of any provision of this section is committed,
continued or permitted by such person, and such person shall be punished
accordingly."
Section 5. That chapter 19.50 entitled "Signs," of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by amending section 19.50.130, entitled "Existing
Lawful Signs,"to read as follows:
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"19.50.130: EXISTING LAWFUL SIGNS
A. Conformance To Previous Regulations: Any "sign" [SR] which does not conform
to all of the provisions of this Chapter, but such sign was established lawfully
prior to the effective date hereof or prior to any subsequent amendment hereto to
which such sign is not in conformance, such lawfully established sign shall be
regarded as nonconforming.
B. Nonconforming Signs: Nonconforming signs may continue to be utilized subject
to the following regulations:
1. No nonconforming sign shall be expanded; altered in any manner so as to
prolong the life of the sign; or changed in any manner to another nonconforming
sign, except that the copy, message, or graphic on a nonconforming sign may be
changed, as well as that minimal nonstructurally supporting component of the
sign surface on which the copy, message or graphic is affixed, which must be
replaced in order to affect such a change to the copy, message or graphic.
2. No nonconforming sign shall be reused subsequent to becoming an "obsolete
sign" [SR] for three hundred and sixty—five (365) consecutive days. When a
nonconforming, "obsolete sign" [SR] exists for a period of one year, there shall
exist a rebuttable presumption that the nonconforming sign was intended to be
abandoned and the nonconforming sign shall not thereafter be reestablished.
3. No nonconforming sign shall be reestablished subsequent to its discontinuance
for three hundred and sixty—five (365) consecutive days. When a nonconforming
sign has been discontinued for a period of one year, there shall exist a rebuttable
presumption that the nonconforming sign was intended to be abandoned and the
nonconforming sign shall not thereafter be reestablished.
4. No nonconforming sign shall be reestablished subsequent to damage or
destruction in an amount exceeding fifty percent (50%) of the fair market value of
such sign.
5. "Off-premise signs" [SR] shall be removed in accordance with Section
19.50.125 of this Chapter."
Section 6. That chapter 19.50 entitled "Signs," of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by adding a new section 19.50.135 thereto, entitled
"Controlling Provisions,"to read as follows:
"19.50.135: CONTROLLING PROVISIONS
The provisions of Section 19.50.125 and Section 19.50.130 are intended to be the
controlling provisions for nonconforming signs and in the event of any conflict between
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fr.' the provisions of such sections and the provisions of Chapter 19.52 of this Title the
provisions of Section 19.50.125 and Section 19.50.130 shall control with respect to
nonconforming signs."
Section 7. That chapter 19.50 entitled "Signs" of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by amending Section 19.50.140, entitled "Sign
Permits,"to read as follows:
"19.50.140: SIGN PERMITS:
A. Permits Required: No person, including, but not limited to, the owner of any
property upon which a sign is located or proposed to be located, shall erect,
construct, relocate, alter or change in any manner any sign without first having
obtained a sign permit therefor issued by the Code Enforcement Officer, except
such signs which are exempted by Section 19.50.060 of this Title. Routine sign
maintenance shall not be considered a change or an alteration provided that the
routine maintenance does not cause such sign to become nonconforming.
B. Permit Application: An application for a sign permit shall be directed to and filed
with the Code Enforcement Officer and shall include the following information:
1. Site Plan: A site plan showing the locations of all "structures" [SR],
"buildings" [SR], "vehicle use areas" [SR], approaches, landscaped areas, and the
location with dimensions of all existing and proposed signs in relation to property
lines, structures, buildings, and rights of way associated with the "zoning lot"
[SR] on which the sign is to be located.
2. Sign Sketch: A sketch with dimensions of all existing and proposed signs
referencing their location on the site plan and a list of all existing and proposed
signs specifying type, size, and number.
C. Decision on Permit Application: The Code Enforcement Officer shall deny an
application for a sign permit or approve an application for a sign permit and issue
a sign permit within seven (7) business days following the filing of a complete
application for a sign permit with the Code Enforcement Officer."
Section 8. That chapter 19.80 entitled "Administration and Enforcement," of the Elgin
Municipal Code, 1976, as amended, be and is hereby further amended by amending Section
19.80.030, entitled "Development Administrator," subparagraph A thereof entitled "Established
and Designated"to read as follows:
"A. Established and Designated: There is established the position of Development
Administrator who shall administer the certain provisions of this Title. The
Development Administrator shall be the Community Development Group
Director or the Community Development Group Director's designee."
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Section 9. That chapter 19.80 entitled "Administration and Enforcement," of the Elgin
Municipal Code, 1976, as amended, be and is hereby further amended by amending Section
19.80.050 entitled "Code Enforcement Officer", subparagraph A thereof entitled "Established
and Designated"to read as follows:
"A. Established and Designated: The position of Code Enforcement Officer shall be
the Community Development Group Director or the Community Development
Group Director's designee. The Code Enforcement Officer shall also be known
as Code Official and Zoning Officer."
Section 10. That chapter 19.90 entitled "Supplementary Regulations," of the Elgin
Municipal Code, 1976, as amended, be and is hereby further amended by adding the following
subparagraphs to the definition of the term "Sign," the remaining subparagraphs to that definition
being accordingly renumbered:
"EE. Off-Premise Sign: A sign which directs attention to a business, commodity,
service or entertainment not conducted, sold or offered on the premises where the
sign is located, or which business, commodity, service or entertainment performs
only minor or incidental activity upon the premises where the sign is displayed.
The sale of a commodity is considered a minor activity if the commodity
advertised is a specific brand or if the advertising content is not directly
controlled, or has in the past not been directly controlled by the operator of the
on-premises business; such product-oriented "signs" [SR] shall be considered on-
premises signs only if they comply with the on-premise sign requirements. For the
purposes of this subparagraph, easements and other appurtenances and non-
contiguous parcels under the same ownership shall be considered off the premises
of the parcel or land on which the business or activity is located or conducted. An
"information sign" [SR], "noncommercial opinion sign" [SR], "no trespassing
sign" [SR], "political campaign sign" [SR], "public sign" [SR] or "public utility
sign" [SR] shall not constitute an "off-premise sign" [SR] within the meaning of
this subparagraph.
FF. On-Premise Sign: A sign that advertises or directs attention to a business,
commodity, or service conducted, offered or sold on the premises, or directs
attention to the business or activity conducted on the premises."
Section 11. Severability. If any provision, clause, sentence, paragraph, section or part of
this ordinance or application thereof to any person or circumstance, shall for any reason be
adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment
shall not affect, impair or invalidate the remainder of this ordinance and the application of such
provision to other persons or circumstances, but shall be confined in its operation to the
provision, clause, sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered and to the person or circumstances
involved. It is hereby declared to be the legislative intent of the City Council that this ordinance
would have been adopted had such unconstitutional or invalid provisions, clause, sentence,
paragraph, section or part thereof not been included.
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and by at least fifty-one percent (51%) of the owners of record of the land in-
cluded within the boundaries of the proposed Special Service Area, is filed with
the City of Elgin City Clerk within sixty (60) days following the final adjourn-
ment of the public hearing regarding the establishment of the proposed Special
Service Area, no such Special Service Area may be established nor any tax levied
or imposed.
Dated this 13 of October, 2004.
CITY CLERK
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect upon its passage and publi-
cation in the manner provided by law.
fir• 5► •
Es Schoc , ayor
Presented: October 13, 2004
Passed: October 13, 2004
Vote: Yeas: 6 Nays: 0
Recorded: October 14, 2004
Published:
Attest:
Dolonna Mecum, City Clerk
elk
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