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Highland City Zoning Code

ARTICLE VIII

SIGNS2

Footnotes:
--- (2) ---

Editor's note— Ord. No. 2279, Exh. A, adopted Dec. 17, 2007, amended art. VIII in its entirety to read as herein set out. Former art. VIII, §§ 90-250—90-288, pertained to similar subject matter and derived from Ord. No. 2195, § 2, adopted Jan. 16, 2006; and Ord. No. 2217, Exh. A, adopted Sept. 18, 2006.


Sec. 90-250. - Purpose.

In accordance with state law, this article establishes comprehensive regulations for the control of signs and other street graphics in order to preserve, protect, and promote the public health, safety, and general welfare. More specifically, this article is intended to assist in achieving the following objectives:

(1)

To authorize the use of street graphics which are:

a.

Compatible with their surroundings and the zoning district in which they are located;

b.

Expressive of the image this municipality desires to project;

c.

Appropriate to the type of establishment or activity to which they pertain; and

d.

Legible in the circumstances in which they are seen.

(2)

To foster high quality commercial and industrial development, and to enhance the economic vitality of existing businesses/industries by promoting the reasonable, orderly, and effective display of street graphics;

(3)

To encourage sound street graphics display practices, and to mitigate the objectionable effects of competition in respect to the size and placement of street graphics;

(4)

To enhance the physical appearance of this municipality by protecting the manmade and natural beauty of the area;

(5)

To protect pedestrians and motorists from any damage or injury that might result from the improper construction, placement, or use of street graphics;

(6)

To protect the public investment in streets and highways by reducing the obstructions and distractions, which might cause traffic accidents;

(7)

To preserve the value of private property by assuring the compatibility of street graphics with nearby land uses; and

(8)

To protect the physical and mental well being of the general public by recognizing and encouraging a sense of aesthetic appreciation for the visual environment.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-251. - Jurisdiction.

This article shall be applicable within the corporate limits of the city.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-252. - Interpretation.

Every provision of this article shall be construed liberally in favor of this municipality. Whenever the requirements of this article differ from the requirements of the Highway Advertising Control Act of 1971, (225 ILCS 440/1 et seq.) the more stringent standard shall apply. Whenever the requirements of this article differ from the requirements of any previously adopted ordinance or regulation, the ordinances or parts thereof that conflict with the provisions of this article are hereby repealed.

(Ord. No. 2279, Exh. A, 12-17-07)

State Law reference— Highway Advertising Control Act of 1971, 225 ILCS 440/1 et seq.

Sec. 90-253. - Disclaimer of liability.

(a)

Except as may be provided otherwise by statute or ordinance, no officer, board member, agent, or employee of this municipality, shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article. (See "Local Governmental and Governmental Employees Tort Immunity Act," 745 ILCS 10/1-101).

(b)

Any suit brought against any officer, board member, agent, or employee of this municipality, as a result of any act required or permitted in the discharge of his duties under this article, shall be defended by the municipal attorney until the final determination of the legal proceedings.

(c)

Nothing in this act is intended to create a private cause of action in any person, business or corporation. And, specifically, no consequential damages may be sought for loss of profits or business opportunity.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-254. - Prohibition.

(a)

Any sign or other street graphic not expressly permitted by this article shall be deemed prohibited in this municipality.

(b)

With regard to sign orientation for signs attached to buildings, flush-mounted signs, projecting signs, signs on awnings, canopies or marquees, and window signs which a particular establishment is permitted to display must either directly face public street frontage(s) or project from the wall(s) which are oriented toward public street frontage(s) to which the building is oriented or comply with subsection 90-257 special situations.

(Ord. No. 2279, Exh. A, 12-17-07; Ord. No. 2921, § 4, 3-18-19)

Sec. 90-255. - Calculation of sign area.

The area of every sign shall be calculated as follows:

(1)

If a sign is enclosed by a box or outline, the total area (including the background) within that outline shall be deemed the sign area.

(2)

If a sign consists of individual letters, parts, or symbols, the area of the one imaginary square or rectangle that would completely enclose all the letters, parts, or symbols shall be deemed the sign area.

(3)

In calculating sign area, only one side of any double-faced sign shall be counted.

(4)

The area of signs of unusual shapes such as globes, cylinders, or pyramids shall be computed as one-half of the total of the exposed surfaces.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-256. - Sign area allowance.

Important: Within the limitations and restrictions as further provided in this article, the total of the areas of flush-mounted signs which a particular establishment is permitted to display, shall be computed according to the following formula:

(1)

Two square feet of sign area per one foot of lineal street frontage, minimum of a 32 square foot sign.

(2)

The total areas of all other signs which a particular establishment is permitted to display, shall be computed according to the same formula; provided that no establishment in any zoning district shall display more than 300 hundred square feet of signs.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-257. - Special situations.

(a)

If any establishment has frontage on two or more streets, each side having frontage shall be considered separately for purposes of determining compliance with the provisions of this article. However, the sign area allowances shall not be combined so as to allow any such establishment to display on any frontage a greater area of signs than this section would otherwise permit.

(b)

The side of an establishment adjacent to an off-street parking area shall be deemed frontage.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-258. - Movement prohibited.

No sign or other street graphic shall revolve, rotate, or mechanically move in any manner.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-259. - Illumination.

Illumination of signs and other street graphics is permitted, subject to the following requirements:

(1)

Only white directional lighting is permitted in residential zoning districts and within 100 hundred feet thereof.

(2)

No red, yellow, green or other colored light shall be used at any location in such a manner as to confuse or interfere with vehicular traffic.

(3)

No sign shall have blinking, flashing, or fluttering lights or other illuminating devices which have a changing light intensity, brightness, or color; provided, that this provision shall not apply to any message on any electronically-operated changeable copy sign. Beacon lights and illumination by flame are prohibited.

(4)

The light from any illuminated sign or other street graphic shall be shaded, shielded, or directed so as to avoid the creation or continuation of any nuisance or traffic hazard.

(5)

No exposed reflective type bulb, and no strobe light or incandescent lamp which exceeds 15 watts, shall be used on the exterior surface of any sign in such a manner as to expose the face of the bulb, light, or lamp to any public street or to adjacent property.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-260. - Street graphics not to be hazardous.

(a)

No sign or other street graphic shall be erected, relocated, or maintained so as to prevent access or egress from any door, window, fire escape, or driveway.

(b)

No sign or other street graphic shall be erected or maintained in such a manner that it interferes with, obstructs the view of, or is likely to be confused with any authorized traffic sign, signal, or device.

(c)

No sign shall be located so as to obstruct vision at an intersection or vehicular entry or exit from the property.

(d)

No sign or other street graphic shall exceed a maximum height of 20 feet. There shall be no minimum height.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-261. - Structural maintenance requirements.

(a)

Every sign or other street graphic shall be designed and constructed in conformity with the applicable provisions of the building code.

(b)

The electrical component of any illuminated sign or other street graphic shall conform to the applicable requirements of the electrical code.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-262. - Prohibition.

The following street graphics are strictly prohibited everywhere in this municipality:

(1)

Mobile/portable marquees.

(2)

Signs attached to trees, fences, or public utility poles, other than warning signs issued by public utilities.

(3)

Signs, including posts and other supports, that advertise or identify an activity, business, or service no longer conducted must be removed within 60 days from the date of the discontinuance of that business, activity or service.

(4)

Signs painted on roofs or walls advertising off-premises businesses.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-263. - Permitted.

Every sign or other street graphic enumerated below, that complies with the indicated requirement may be erected in any zoning district of this municipality without a permit. The area of said signs/street graphics shall not be debited against the displaying establishment's sign area allowance.

(1)

Construction signs identifying the architects, engineers, contractors, and other individuals or firms involved with the construction, and/or announcing the character or purpose of the building, but not advertising any product. Such signs shall not exceed 32 square feet in area, shall be confined to the site of the construction, and shall be removed within 14 days after the project has reached a substantial completion of 90 percent, but prior to the issuance of the certificate of occupancy by the city.

(2)

Directional and informational signs erected for the convenience of the public, such as signs identifying entrances, exits, parking areas, no parking areas, restrooms, public telephones, walkways, and similar features or facilities. Such signs shall not exceed three square feet in area.

(3)

Flags of any country, state, or unit of local government (65 ILCS 5/11-80-17).

(4)

Garage sale signs advertising a garage or yard sale on private residential property. Such signs shall not exceed four square feet in area, shall not be posted for longer than three days and are not allowed to be on street right-of-way.

(5)

Governmental or public signs, such as traffic control signs, railroad crossing signs, legal notices, signs indicating the location of underground cables, etc.

(6)

Holiday decorations such as Christmas lights and ornaments, provided that such decorations must be removed within a reasonable time after the holiday, unless permanently installed.

(7)

House numbers and/or name of occupant signs located on the lot to which the sign pertains. Such signs shall not exceed three square feet in area for single-family dwellings nor six square feet for multiple family dwellings.

(8)

Institutional signs for public, charitable, or religious institution. Such signs shall be located on the premises of the institution, shall not obstruct the vision of motorists, and shall not exceed 32 square feet in area.

(9)

Integral signs carved into stone or inlaid so as to become part of the building, and containing such information as date of erection, name of building, and memorial tributes.

(10)

Interior signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, provided such signs are not visible from the exterior of said buildings.

(11)

Political campaign signs, announcing candidates seeking public office and/or political issues and other pertinent information. Such signs shall be confined to private property. Political campaign signs shall not exceed 16 square feet in area in all zoning districts. Political campaign signs shall not be displayed on non-residential property more than 45 days prior to, and must be removed within seven days after, the election to which they pertain. These time restrictions shall not apply, however, to political campaign signs displayed on residential property.

(12)

Property regulations signs such as no trespassing, no hunting, no fishing, etc. Such signs shall not exceed three square feet in area.

(13)

Public interest signs publicizing a charitable or nonprofit event of general public interest. In any residential district, such signs shall not exceed 16 square feet in area; elsewhere, such signs shall not exceed 32 square feet. Public interest signs shall be permitted only for 30 days before and seven days after the event.

(14)

Real estate signs indicating the sale, rental or lease of the premises on which they are located. Such signs on residential property shall not exceed six and one-fourth square feet in area and not more than one real estate sign per street front shall be erected on any lot. On other property, such signs shall not exceed 32 square feet, may be positioned in a "V" shape with an interior angle between the faces of not more than 90 degrees with the distance between the sign faces not exceeding five feet at their closest point. Such signs shall be removed within seven days after the sale, rental, or lease.

(15)

Residential development identification structures at major entrances designed to identify a residential subdivision, apartment complex, or planned unit development; containing no commercial advertising; and not exceeding 40 square feet in actual signage area.

(16)

Street banners advertising a public entertainment or event. Such banners may be placed in locations approved by the city council during the period of 14 days before the event and seven days after the event. (65 ILCS 5/11-80-17)

(17)

Utility company signs that serve as an aid to public safety or that show the location of public telephones, underground cables, etc.

(18)

Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or inlaid so as to be part of the building when constructed of bronze or other incombustible material.

(19)

Signs placed on city-owned property must obtain written permission from the city manager. Signs placed on state rights-of-way must obtain written permission from Illinois Department of Transportation (IDOT). All documentation must be submitted to building and zoning prior to placement of any signage.

(20)

Feather flags. Such signs are only permitted on private property and shall be limited to one (1) feather flag per business, with a maximum height of 12 feet as measured from the adjacent finished grade to the top of the sign and a maximum width of three feet.

(Ord. No. 2279, Exh. A, 12-17-07; Ord. No. 2459, § 2, 3-21-11; Ord. No. 2943, § 6, 6-17-19)

Sec. 90-264. - Residential districts.

Upon the effective date of this article, no signs or other street graphics except those listed in section 90-263, shall be erected in any residential district.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-265. - Commercial and industrial districts.

No establishment located in any commercial district or in the industrial district shall display a total area of signs in excess of its sign area allowance. (See section 90-256.) Additionally, signs in any commercial district or industrial district shall conform to the requirements indicated in the subsections below.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-266. - Flush-mounted.

For aesthetic and safety reasons, flush-mounted signs are the preferred type of sign in this municipality. No flush-mounted sign shall:

(1)

Project more than 18 inches from the wall or surface to which it is attached (if such wall/surface is not vertical, the projection shall be measured from the closest point of the wall/surface to the sign); or

(2)

Extend more than four feet above the roofline of the building to which it is attached.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-267. - Projecting.

No establishment in any zoning district shall display more than one projecting sign on any street front. No projecting sign shall:

(1)

Project more than ten feet from the building to which it is attached; or

(2)

Extend more than three feet above the roofline of the building to which it is attached; or

(3)

Project over a street, alley, public sidewalk, or driveway, or closer than two feet to the curb or edge of such vehicular way; or

(4)

Extend below a point ten feet above the ground or pavement.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-268. - Signs on awnings, canopies and marquees.

Signs mounted flush against any awning, canopy, or marquee shall be considered flush-mounted signs, and shall comply with the regulations of section 90-266 of this article. Signs suspended beneath any awning, canopy, or marquee shall be considered projecting signs, and shall comply with the regulations of section 90-267 of this article. When the message is placed directly on the awning, the sign area shall be the computation of the area of the one imaginary square or rectangle, which would completely enclose all the letters, parts or symbols.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-269. - Window.

Any establishment may display window signs. Window signs shall cover no more than 30 percent of any window. Permanent window signs shall be debited against the displaying establishment's sign area allowance, but temporary window signs shall not.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-270. - Shopping center identification.

(a)

A shopping center, as an entity, may erect an identification sign in accordance with the provisions of this article if the total gross floor area of all the establishments located in the center exceeds 50,000 square feet. A shopping center identification sign shall not exceed 300 square feet in area. One sign shall be allowed per 75 linear feet of frontage, not to exceed two freestanding signs per shopping center.

(b)

This shopping center identification sign shall display the range of addresses (numbers only) located within the shopping center, the square footage of such address portion of sign to be exempted from the 300 square feet of total sign area, with a minimum height of five inches, unless a finished base is provided, then the numbers may appear on the finished base (sign face sides), with a minimum height of five inches. Such range of addresses shall be of a reflective material if not illuminated. Shopping center identification signs may be 30 feet tall. Shopping center signs must be set back ten feet from front property line and overall height of sign from side property lines.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-271. - Freestanding.

No more than one freestanding sign shall be displayed on any street front of any lot. All freestanding signs shall comply with the following regulations:

(1)

No part of any freestanding sign shall intrude into or project over any public right-of-way.

(2)

No freestanding sign shall be erected closer than five feet, or the overall height of the sign and supporting structure, whichever is greater to any lot line. (Exception: shopping center identification signs.)

(3)

No freestanding sign shall be located so as to obstruct vision at an intersection or vehicular entry or exit from the property.

(4)

No freestanding sign shall exceed a total of 80 square feet in area, or ten feet in any dimension: provided, that this subsection shall not apply to shopping center identification signs. (See section 90-270 of this article.)

(5)

When attached to a post or other supports, the top edge of a freestanding sign shall not exceed more than 20 feet above the elevation of the centerline of adjacent right-of-way or the adjacent finished grade, whichever is greater. (Exception: shopping center identification signs.)

(6)

No exposed supports are permitted; supports are to be encased by vinyl, metal or masonry.

(7)

Street address (numbers only) are to be located on signs, the square footage of such address to be exempted from the 80 square feet of total sign face area, with a minimum height of five inches, unless a finished base is provided, then the numbers may appear on the finished base (sign face sides), with a minimum height of five inches. Such addresses are to be of a reflective material if not illuminated. This section shall not apply if address on building is clearly visible from right-of-way and is of a reflective material if not illuminated.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-272. - Roof-mounted.

All roof-mounted signs are strictly prohibited everywhere in this municipality.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-273. - Billboards.

Billboards (including all off-premises advertising signs) are prohibited in this municipality except by special use permit in the C-3 highway business district and the "I" industrial district, as designated by the zoning ordinance. A maximum of 25 billboards shall be allowed within this jurisdiction at any one time. Rotational billboards shall be allowed providing compliance with this article is met.

(1)

No billboard shall:

a.

Exceed 60 square feet in area, excluding city billboards;

b.

Be stacked on top of another billboard, but billboards may be placed back-to-back or in a "V" type construction, not exceeding 30 degrees, with not more than one graphic to each facing;

c.

Be located closer than 2,000 feet to any other billboard on the same side of the roadway or within 1,000 feet to any other billboard;

d.

Extend more than 30 feet above the ground or pavement.

(2)

All billboards must: Be set back from all property lines a minimum of five feet, or the overall height of the sign and supporting structure, whichever is greater.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-274. - Special promotions.

Any business enterprise consisting of retail sales and/or rendering of services directly to the public, shall be able to use signs, banners, and inflatable items for promotional activities. These promotional activities may occur not more than once in any calendar year. Each promotional activity shall not exceed 14 days in length.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-275. - Temporary.

If an establishment does not have an existing street graphic, a mobile/portable sign may be used for a period of time not to exceed 30 days.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-276. - Off-site tract sales of subdivision lots.

One directional sign for tract sales of lots or houses off-site is allowable in any business or manufacturing district if the sign meets the following conditions:

(1)

The final plat of the subdivision must contain ten or more lots;

(2)

The sign may not exceed 32 square feet;

(3)

An approved sign permit has been obtained for the sign;

(4)

These signs must be posted off of public right-of-way and only with the written permission of the property owner; and

(5)

Signs must be removed when 90 percent of the houses and/or lots have been sold or if 36 months have expired from the time of erection of the sign.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-277. - Enforcement duties.

The administrative official, referred to herein as the administrator, is hereby authorized and directed to administer and enforce the provisions of this article. This broad responsibility encompasses, but is not limited to, the following specific duties:

(1)

To review and pass upon applications for street graphic permits;

(2)

To inspect existing and newly constructed street graphics to determine compliance with this article, and where there are violations, to initiate appropriate corrective action;

(3)

To review and forward to the combined planning and zoning board all applications for special street graphic permits, variances, appeals, and amendments;

(4)

To maintain up-to-date records of said applications and of any official actions taken pursuant thereto;

(5)

To periodically review the provisions of this article to determine whether revisions are needed, and to make recommendations on these matters to the combined planning and zoning board;

(6)

To provide information to the general public on matters related to this article; and

(7)

To perform such other duties as the city council may from time to time prescribe.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-278. - Permits.

Upon the effective date of this article, no sign, billboard, or other street graphic, except those listed in section 90-263 of this article, shall be erected, expanded, altered, relocated, or reconstructed without a street graphic permit issued by the administrator.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-279. - Application.

Every applicant for a street graphic permit shall submit on a city supplied form, to the administrator, in narrative and/or graphic form, all the items of information listed below:

(1)

Name, address, and telephone number of applicant;

(2)

Name and address of the owner of the premises on which the street graphic is to be erected, if different from subsection (1) of this section;

(3)

Location of the building, structure or lot where the proposed street graphic is to be erected, and the zoning district classification of said premises;

(4)

Description of the proposed street graphic indicating proposed location, dimensions, area, overall height, illumination, and method of support/attachment;

(5)

Relationship of the proposed street graphic to nearby traffic control devices;

(6)

Amount of street frontage that the establishment which proposes to display the street graphic has, and the total area of all existing signs on said premises; and

(7)

Such other information as the administrator shall reasonably require to determine full compliance with this article.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-280. - Nonconformities.

A nonconforming street graphic that does not pose an imminent peril to life or property may remain and be maintained by ordinary repairs, subject to subsection (5) herein, but shall not be:

(1)

Altered or enlarged in such a way as to increase its nonconformity;

(2)

Replaced by another nonconforming street graphic (provided that changing the message on a changeable copy sign shall not be deemed a violation of this provision);

(3)

Relocated unless it is made to conform with this article;

(4)

Reconstructed after incurring damage in an amount exceeding 50 percent of its market value at the time of loss as determined by the administrator; or

(5)

Any street graphic that is nonconforming on the effective date of this article or becomes nonconforming because of any amendment to this article shall be allowed to remain in its nonconforming state as long as it exists unaltered.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-281. - Corrective action.

Whenever the administrator finds, by inspection or otherwise, that any street graphic is in violation of this article, he shall so notify the responsible party in writing pursuant to section 90-283, and shall order appropriate corrective action. This notice requirement shall not apply whenever the administrator determines that any street graphic poses an imminent peril to life or property or whenever such street graphics is strictly prohibited. In situations where the owner of the sign has not been identified, the administrator may notify the person, business, entity, who benefits from the particular sign or the person who placed the sign requesting that appropriate corrective action be taken.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-282. - Contents of order.

The order to take corrective action shall be in writing and shall include:

(1)

A description of the premises sufficient for identification;

(2)

A statement indicating the nature of the violation;

(3)

A statement of the remedial action necessary to effect compliance;

(4)

Corrective action must be taken 72 hours after receipt of corrective action order;

(5)

A statement that the alleged violator is entitled to conference with the administrator if he so desires;

(6)

The date an appeal to the corrective action order must be filed, and the procedure for filing an appeal.

(7)

A statement that failure to obey a corrective action order shall result in revocation of the street graphic permit, and may result in remedial action by this municipality and/or the imposition of a fine.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-283. - Service of order.

A corrective action order shall be deemed properly served upon the owner of the offending street graphic if it is:

(1)

Served upon him personally; or

(2)

Sent by certified mail to the last known address of owner and, when practicable, posted in a conspicuous place on or about the affected premises.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-284. - Sign variances.

In order that the spirit of this zoning code may be observed and substantial justice done, the combined planning and zoning board shall, upon application or appeal, after conducting a public hearing and upon making a finding of fact, owing to special conditions, find that a literal enforcement of the provisions of this article would result in unnecessary hardship, may vary the conditions of this article.

(1)

Variances.

a.

The combined planning and zoning board shall hold public hearing on each variance, appeal or special use requested. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Proper notice procedures shall be followed.

b.

The combined planning and zoning board shall not grant any graphic variance unless, based upon evidence presented to them, they determine that:

1.

The proposed variance is consistent with the spirit and purpose of this article, and will not cause injury to the area in which the street graphic is located or be detrimental to the public welfare in any way;

2.

Strict application of the requirements of this article would result in great practical difficulties or hardship to the applicant;

3.

The plight of the applicant is due to peculiar circumstances not of his own making;

4.

The proposed variance is the minimum deviation from the requirements that will alleviate the difficulties/hardship while protecting the broader public interest; and

5.

The proposed variance will provide a better aesthetically pleasing look; prevent obstruction of view; or match the design, look and layout of other signs located on the same property on which a previous variance was granted.

(2)

The combined planning and zoning board shall follow guidelines and requirements as stated in divisions 5, 6 and 7 of article II, of the zoning ordinance when determining requests for special use permits, variance or appeals.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-285. - Remedial action.

Whenever the recipient of a corrective action order fails to obey said order within the time limit set forth therein, or in an emergency, the administrator may alter/remove the offending street graphic or take any other action necessary to effect compliance with this article.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-286. - Reimbursement for costs.

Any expense incurred by this municipality pursuant to authorized street graphic remedial action, pursuant to sections 90-281 and 90-285, shall be billed by first class mail to the owner of the offending street 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 municipal attorney is hereby authorized to file a notice of lien in the office of the Recorder of Deeds of Madison County, Illinois, 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 services, plus all expenses incurred pursuant to collection efforts including litigation expenses, plus reasonable attorney's fees to be fixed by the court.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-287. - Complaints.

Whenever any violation of this article occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the administrator. The administrator shall record such complaints, promptly investigate, and, if he deems necessary, initiate appropriate corrective action.

(Ord. No. 2279, Exh. A, 12-17-07)

Sec. 90-288. - Penalties.

(a)

Any person who is convicted of a violation of this article shall be fined not less than $50.00, nor more than $750.00, plus costs. Each day that a violation continues shall be considered a separate offense.

(b)

Any owner or business of a city removed sign shall be fined $5.00 per sign up to four square feet, and $15.00 for any sign over four square feet.

(c)

Nothing contained in this section shall prevent this municipality from taking any other lawful action that may be necessary to secure compliance with this article.

(Ord. No. 2279, Exh. A, 12-17-07)