(A)

General. Accessory buildings, structures and uses other than highway advertising signs shall be compatible with the principal building, structure or use, shall not be established prior to the establishment of the principal building, structure or use, and shall not include the keeping of poultry or livestock, whether or not for profit. No accessory building or structure shall be used for dwelling purposes.

(B)

Location. All accessory buildings or structures shall be erected, altered or moved only in conformance with the minimum required yard regulations applicable to the zoning district in which they are located, except for permitted obstructions in minimum required yards as provided in § 156.045(B).

(C)

Maximum height and size. Unless otherwise permitted by a planned unit development or a variation, the maximum height and size for accessory buildings of structures shall be as follows:

(1)

Maximum height - Single Family Residential District.

(a)

The maximum height for a building or structure that is accessory to a principal single-family residential building or structure shall be 16 feet above grade, except as provided in division (C)(1)(c) through (f) below.

(b)

The maximum height for any building or structure accessory to a principal nonresidential building or structure shall be the maximum height for principal nonresidential buildings or structures in the applicable zoning district, except as provision in division (C)(1)(d) and (f) below.

(c)

The maximum height for an attached garage accessory to a principal single-family dwelling shall be the maximum building height for the dwelling.

(d)

The maximum height for storage sheds accessory to a principal single-family building or structure or to a principal nonresidential building or structure shall be ten feet above grade.

(e)

The maximum height for light poles accessory to a principal detached single-family residential building or structure shall be eight feet above grade; provided that the maximum height for light poles in conjunction with a swimming pool shall be four feet above grade. The maximum height for light poles accessory to a principal attached single-family building or structure shall be 16 feet above grade.

(f)

The maximum height for generators accessory to a principal single-family residential building or structure shall be six feet above grade. The maximum height for generators accessory to a principal nonresidential building or structure shall be 16 feet above grade, and such a generator shall be screened from view by a six-foot solid fence or wall, with landscaping around the fence for an additional six-foot buffer.

(2)

Maximum size - Single-Family Residential District.

(a)

The maximum size for a shed accessory to a principal single-family residential building or structure or to a principal non-residential building or structure shall be 150 square feet.

(b)

The maximum size for a detached garage accessory to a principal single-family residential building or structure shall be 800 square feet. A detached garage shall only be allowed if the structure does not contain an attached garage or a car port.

(c)

The maximum size for a generator accessory to a principal single-family residential building or structure shall be 60 square feet.

(d)

The maximum size for a generator accessory to a principal non-residential building or structure shall be 120 square feet, and such a generator shall be screened from view by a six-foot solid fence or wall, with landscaping around the fence for an additional six-foot buffer.

(3)

Maximum height - Business or Multiple-Family District. The maximum height for an accessory building or structure in a Business or Multiple-Family District shall be 16 feet above grade; provided that the maximum building height for a parking structure in a business or multiple-family district shall not exceed the building height allowed for a principal building in the district where said structure is located and the maximum height for a highway advertising sign shall be as set forth in § 156.052(G) of this code.

(4)

Maximum size - Business or Multiple-Family District.

(a)

The maximum size for a shed shall be 150 square feet.

(b)

The maximum size for a generator shall be 120 square feet, and such a generator shall be screened from view by a solid fence or wall a minimum of six feet in height and no less than the height of the generator, with landscaping around the fence for an additional six-foot buffer.

(c)

The maximum size for a highway advertising sign shall be as set forth in § 156.052(G) of this code.

(D)

Maximum size - Residential District. In a single-family residential district there shall be allowed a maximum of two accessory buildings. Such accessory buildings shall not occupy more than 950 square feet.

(E)

Maximum height - Commercial District. No accessory building in a commercial zone shall have a building height of more than one story or 16 feet, whichever is less, unless otherwise permitted by special use permit and/or variation. A parking structure in a commercial or multi-family zone shall have a building height of not more than the building height allowed by the business district where said structure is located.

(F)

Maximum size - Commercial District. In a commercial district, an accessory building which is not part of the principal building shall not occupy more than 30% of the required rear yard; provided, however, that no such accessory building shall exceed an area of 800 square feet. In a commercial and multi-family zone, areas of parking structures and principal buildings shall comply with floor area ratios of the business district where construction is located.

(Ord. 80-24, passed 12-23-80; Am. Ord. 92-8, passed 8-25-92; Am. Ord. 98-06, passed 6-9-98; Am. Ord. 98-45, passed 2-9-99; Am. Ord. 99-09, passed 6-22-99; Am. Ord. 01-55, passed 3-26-02; Am. Ord. 07-13, passed 10-9-07; Am. Ord. 12-54, passed 12-11-12; Am. Ord. 15-20, passed 3-10-15; Am. Ord. 19-9, passed 3-12-19)

Cross reference— Penalty, see § 156.999

(A)

All utility service connections for new construction shall be installed underground in all zoning districts.

(B)

All utility service connections to structures with proposed additions of 50% or greater of the original structure square footage shall be relocated and installed underground in all zoning districts.

(Ord. 14-17, passed 4-8-14)

New buildings, structures and additions to buildings and structures. All new buildings, structures and additions to buildings and structures shall be erected, raised, moved, reconstructed, extended, enlarged or altered only in conformance with the bulk regulations established herein for the district in which each is located; provided that legal nonconforming buildings and structures shall be subject to § 156.041 of this chapter, and planned unit developments and properties for which variations have been granted shall be subject to the bulk requirements established in the ordinances approving such planned unit developments and variations; and further provided that in Single-Family Residence Districts, a lot which was of record at the time of adoption of this chapter, may be used for a single-family residence even though it does not meet the requirements of this chapter as to lot area and lot width, so long as the residence conforms with all other bulk regulations of the Single-Family Residence District.

(Ord. 07-13, passed 10-9-07)

Cross reference— Penalty, see § 156.999

(A)

General. No building, structure or premises shall hereafter be used or occupied, except in conformity with the use regulations herein specified for the district in which it is located; provided that legal nonconforming uses shall be subject to the provisions of § 156.041 of this chapter, and uses permitted as exceptions in planned unit developments shall be subject to the requirements for such uses established in the ordinances approving such planned unit developments.

(B)

Synonymous uses. When a use is not specifically listed in the sections devoted to permitted uses or special uses, it shall be assumed that such use is hereby expressly prohibited. Whenever a proposed use is synonymous or nearly synonymous with a permitted or special use allowed within the zoning district, the Director of Community and Economic Development may allow the proposed use without a requirement that the specific terms of this chapter be amended.

(C)

Principal structures. Only one principal structure, along with permitted accessory structures, shall be constructed upon a single subdivided lot or an unsubdivided parcel of land, except in a planned unit development. Notwithstanding this division, more than one principal structure shall be permitted on a lot or parcel of land owned or operated by a local governmental unit, on a lot or parcel of land operated as a self-storage business, and for an above ground service facility that is located and constructed in accordance with § 156.051.

(D)

Temporary construction buildings and trailers. Temporary buildings and trailers for construction purposes are allowed for a period not to exceed such construction if they are located on the same lot where such construction is being undertaken or a contiguous lot thereto, and are not located within 50 feet of the lot line of an off-site residential use.

(E)

Lot division. No lot containing a use or structure shall hereafter be divided or otherwise modified in order to transfer ownership or establish a new principal use thereon, unless each lot, including the lot containing the use or structure resulting from such division or modification, shall comply with all bulk regulations as required in this chapter for the district in which the lot is located.

(F)

Voting places. The provisions of this chapter shall not be so construed as to deny the temporary use of any property as a voting place in connection with a municipal or other public election.

(Ord. 07-13, passed 10-9-07; Am. Ord. 07-38, passed 2-26-08; Am. Ord. 22-24, passed 8-23-22)

Cross reference— Penalty, see § 156.999

(A)

Residential District.

(1)

The height of any fence shall not exceed six feet from existing grade.

(2)

In front yards, fences shall be at least 50% open. The closed area of the fence shall be distributed evenly over the entire fence surface, and no portion of a closed area of the fence shall exceed a width of six inches when viewed at a 90-degree angle. No fence in a front yard shall exceed four feet in height from existing grade.

(3)

In side yards, fences may be open or solid type and shall not exceed six feet in height from existing grade, provided that a solid fence or wall six feet in height from existing grade shall be required in a side yard between residential and nonresidential uses, and shall be erected on the nonresidential property with the finished side facing the residential use.

(4)

In rear yards, fences may be open or solid type and shall not exceed six feet in height; provided that a solid fence or wall six feet in height from existing grade shall be required in a rear yard between residential and nonresidential uses, and shall be erected on the nonresidential property with the finished side facing the residential use.

(5)

On corner lots, no fence or any other obstruction, except existing vegetation as provided in § 156.045(A)(3), shall exceed 18 inches above street grade in any portion of the yard situated within 25 feet of the lot comer formed by the intersection of any two street lines.

(6)

The finished side of any fence shall face the exterior of the lot.

(7)

No fence may be erected, constructed, or maintained on any portion of any zoning lot in such a manner as to impede the natural stormwater runoff, as determined by the City Engineer.

(8)

Fences constructed in whole or in part of electrically charged wire, barbed wire, spikes, glass, protruding nails, or other sharp or pointed materials shall be prohibited, except that a blunt decorative point at the top of a fence shall be permitted. Fences constructed in whole or in part of chain links shall be prohibited in front of the building line of any building or structure.

(9)

All fences shall be maintained on a regular basis and in a structurally sound condition by the property owner.

(10)

Notwithstanding the height restrictions set forth in this division (A), no fence on lots owned or operated by local government units shall exceed eight feet in height from existing grade. Such fences may be open or solid type fences.

(11)

On properties occupied by nonresidential uses, the requirements for fences in division (B) of this section shall apply.

(B)

Business Districts.

(1)

No fence shall be permitted in the front yard.

(2)

In side yards, fences may be open or solid type and shall not exceed eight feet in height from existing grade.

(3)

In rear yards fences may be open or solid type and shall not exceed eight feet in height from existing grade.

(4)

A solid fence or wall six feet in height from existing grade shall be required in side or rear yards between residential and business uses or between residential and nonresidential uses in a Residential District, and shall be erected on the business or nonresidential property with the finished side facing the residential use. After August 2020, a solid fence or wall eight feet in height shall be required for all newly constructed buildings, for all buildings constructing an addition, and for all existing buildings when more than 50% of the area of the building footprint is remodeled or the estimated cost of the remodeling exceeds 50% of the assessed value of the property in which it is located. Such a fence shall be supported with posts which shall be constructed of a steel material conforming to the requirements of ASTMA 653, coating designation G90 galvanized (zinc) coating. In order to create an effective buffer between incompatible land uses, such fences shall be screened from the residential use by evergreen trees planted on the business or nonresidential property, with a minimum starting planting height of six feet, and such fences shall be located no closer than six feet from the property line which separates the two districts or types of uses. A twelve-foot landscape buffer zone shall be required as provided in § 156.049 of this chapter; provided, however, that no credit toward the required landscape points shall be given for the fence required in this division.

(5)

On corner lots, no fence or any other obstruction shall exceed 18 inches above street grade in any portion of the yard situated within 25 feet of the lot comer formed by the intersection of any two street lines.

(6)

A fence that is six feet in height from existing grade shall be required, in any yard abutting a minor street between business and residential districts, where there is off street parking, and no variation shall be necessary for such a fence within the required yard. After August 2020, a solid fence or wall eight feet in height shall be required for all newly constructed buildings, for all buildings constructing an addition, and for all existing buildings when more than 50% of the area of the building footprint is remodeled or the estimated cost of the remodeling exceeds 50% of the assessed value of the property in which it is located. The owner(s) shall maintain the property between the fence and the street pavement or the concrete curb or ribbon. Required fences adjacent to a public street shall have the finished side facing the street.

(7)

No fence may be erected, constructed or maintained on any portion of any zoning lot in such a manner as to impede the natural stormwater runoff, as determined by the City Engineer.

(8)

Fences constructed in whole or in part of electrically charged wires, barbed wire, spikes, glass, protruding nails, or sharp or pointed materials shall be prohibited, except that a blunt decorative point at the top of a fence shall be permitted. Fences constructed in whole or in part of chain links shall be prohibited in front of the building line of any building or structure.

(9)

All fences, including all living green fences, shall be maintained on a regular basis and in a structurally sound condition by the property owner.

(C)

All Districts - Exterior paint and colors.

(1)

Exterior paint colors. It shall be unlawful to paint, stain or color or change the color of any fence located within the city except in accordance with this § 156.039(C).

(2)

Permissible exterior surface treatments. No more than one solid color shall be used on any fence located within the city.

(3)

Existing colors, maintenance and vested rights. The owner of property affected by this § 156.039(C) shall have the right to maintain and repair colors existing on the effective date of this § 156.039(C). The owner of property shall be permitted to repair minor damage to the existing fences on the property and to repaint such repaired areas to match the existing color, provided, however, that the repaired area to be repainted shall not exceed 50% of the combined surface area of all elevations of the fence. In the event that more than 50% of the combined surface area of all elevations of the fence needs to be repainted, or if the color of existing fence is to be changed, then the property shall be brought into full compliance with this § 156.039(C).

(D)

Except as specifically provided herein, living green fences are not regulated in this section and are governed by the landscaping requirements in § 156.049.

(Ord. 07-13, passed 10-9-07; Am. Ord. 20-29, passed 8-11-20; Ord. No. 24-02, § 5, 1-9-24)

Cross reference— Penalty, see § 156.999

Fire lanes shall be required as provided in the Fire Code of the City of Oakbrook Terrace, as adopted and amended in §§ 150.14 and 150.15 of this code.

(Ord. 07-13, passed 10-9-07)

Cross reference— Penalty, see § 156.999.

(A)

Statement of purpose. This section regulates the continued existence of legal nonconforming uses, buildings, and structures and specifies those circumstances under which such uses, buildings, and structures shall be permitted or gradually eliminated.

(B)

Scope of regulations; general provisions.

(1)

These regulations apply to the following categories of nonconformities:

(a)

Legal nonconforming uses of land and legal nonconforming uses in conforming buildings and structures.

(b)

Legal nonconforming uses of legal nonconforming buildings and structures.

(c)

Legal nonconforming buildings and structures (as to bulk).

(2)

Nothing in this section is intended to prevent the strengthening or restoration of a legal nonconforming building or structure to a safe condition for purposes of the public health and safety.

(3)

The burden of establishing the existence of a legal nonconforming use, building, or structure is upon the property owner and not upon the city.

(C)

Legal nonconforming uses of land and legal nonconforming uses in conforming buildings or structures.

(1)

Authority to continue. Except as provided in division (C)(9), any existing legal nonconforming use of a premises not involving the use of a building or structure, or involving only a conforming building or structure that is accessory to a legal nonconforming use of land, or a legal nonconforming use located in a conforming building or structure, may be continued so long as it remains otherwise lawful, subject to the regulations contained in divisions (C)(2) through (C)(8).

(2)

Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed on any conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted in whole or in part to a legal nonconforming use, provided, however, that this division (C)(2) shall not be deemed to authorize any violation of divisions (C)(3) through (C)(9).

(3)

Structural alteration. No conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted entirely to a legal nonconforming use, and no portion of a conforming building or structure that is devoted to a legal nonconforming use, shall be structurally altered unless the use of such building or structure or portion thereof that is devoted to a legal nonconforming use shall thereafter conform to the use regulations of the zoning district in which it is located. No such alteration shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of nonconformity with any existing parking, loading, bulk, yard, or space requirement for such building or structure.

(4)

Enlargement of building or structure. No conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted entirely to a legal nonconforming use, and no portion of a conforming building or structure that is devoted to a legal nonconforming use, shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such building or structure or portion thereof that is devoted to a legal nonconforming use shall thereafter conform to the use regulations of the district in which it is located. No such enlargement shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of nonconformity with any existing parking, loading, bulk, yard, or space requirement for such building or structure.

(5)

Expansion of legal nonconforming use. A legal nonconforming use of land that does not involve a building or structure, a conforming building or structure that is accessory to a legal nonconforming use of land, or a legal nonconforming use in all or a portion of a conforming building or structure shall not be expanded, extended, enlarged, or increased in intensity. Such prohibited activity shall include without being limited to:

(a)

An expansion of such use, including its accessory uses, to any building, structure, or land area other than that occupied by such legal nonconforming use on December 23, 1980, or any subsequent changes to this chapter that have caused such use to become nonconforming; and

(b)

An expansion of such legal nonconforming use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such legal nonconforming use on the December 23, 1980, or any subsequent changes to this chapter that have caused such use to become nonconforming.

(6)

Moving. No conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted in whole or in part to a legal nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless both the building or structure and the use thereof shall thereafter comply and conform to all regulations of the zoning district in which it is located after being so moved. No legal nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

(7)

Change in use. A legal nonconforming use of land that does not involve a building or structure, or that involves only a conforming building or structure that is accessory to the legal nonconforming use of land, or a legal nonconforming use in a conforming building or structure shall not be changed to any use other than a use permitted in the zoning district in which the use, building, or structure is located. When such a legal nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any unlawful use.

(8)

Damage or destruction. Any conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted in whole or in part to a legal nonconforming use and that is damaged or destroyed, by any means, to the extent of more than 50% of the cost of replacement of such building or structure shall not be restored, unless the use thereof shall thereafter conform to all regulations of the zoning district in which it is located, and unless its restoration is authorized pursuant to this code. The restored building or structure shall be accomplished without creating any new nonconformity with parking, loading, bulk, yard, or space requirements or increasing the degree of nonconformity with any parking, loading, bulk, yard, or space requirement existing prior to such damage or destruction. Restoration shall actually begin within one year after the date of such damage or destruction, unless extended in writing by the City Council for an additional period of one year for good cause shown, and such restoration shall be diligently pursued to completion.

(9)

Termination by discontinuance or abandonment.

(a)

When a legal nonconforming use of land that does not involve a building or structure, or that involves only a conforming building or structure that is accessory to the legal nonconforming use of land, or a legal nonconforming use in a part or all of a conforming building or structure is discontinued or abandoned for a period of six months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be re-established or resumed. Any subsequent use or occupancy of such land, building, or structure shall comply with the use regulations of the zoning district in which such land, building, or structure is located.

(b)

Any period of such discontinuance of a legal nonconforming use caused by government action or acts of God, and without any contributing fault by the user, shall not be considered in calculating the length of discontinuance for purposes of this division (C)(9).

(D)

Legal nonconforming uses in legal nonconforming buildings or structures.

(1)

Authority to continue. Except as provided in division (D)(9), any lawfully existing legal nonconforming use located in a legal nonconforming building or structure may be continued so long as it remains otherwise lawful, subject to the regulations contained in division (D)(2) through (D)(8).

(2)

Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed on any legal nonconforming building or structure devoted in whole or in part to a legal nonconforming use, provided, however, that this division (D)(2) shall not be deemed to authorize any violation of divisions (D)(3) through (D)(9).

(3)

Structural alteration. No legal nonconforming building or structure devoted entirely to a legal nonconforming use, and no portion of a building or structure that is legal nonconforming or is devoted to a legal nonconforming use shall be structurally altered unless the building or structure or portion thereof that is legal nonconforming or is devoted to a legal nonconforming use, and the use thereof, shall thereafter conform to all regulations of the zoning district in which it is located. No such alteration shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of nonconformity with any existing parking, loading, bulk, yard, or space requirement in such building or structure.

(4)

Enlargement of building or structure. No legal nonconforming building or structure that is devoted entirely to a legal nonconforming use, and no portion of a building or structure that is legal nonconforming or is devoted to a legal nonconforming use, shall be enlarged or added to in any manner, including the interior addition of floor area, unless the building or structure or portion thereof that is legal nonconforming or is devoted to a legal nonconforming use, and the use thereof, shall thereafter conform to all the regulations of the district in which it is located. No such enlargement shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of any nonconformity with existing parking, loading, bulk, yard, or space requirement in such building or structure.

(5)

Expansion of legal nonconforming use. No legal nonconforming use in a legal nonconforming building or structure or portion thereof shall be expanded, extended, enlarged, or increased in intensity by an expansion of such use to any building or structure, land area, or portion thereof, including, but not limited to, expansion to any portion of the floor area of a legal nonconforming building or structure or portion thereof that was not occupied by such legal nonconforming use, other than that occupied by such legal nonconforming use on December 23, 1980, or any subsequent changes to this chapter that have caused such use to become nonconforming.

(6)

Moving. No legal nonconforming building or structure that is devoted in whole or in part to a legal nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire building or structure and the use thereof shall thereafter comply and conform to all regulations of the zoning district in which it is located after being so moved. No legal nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

(7)

Change in use. A legal nonconforming use of land or a legal nonconforming use within a legal nonconforming building or structure shall not be changed to any use other than a use permitted in the zoning district in which the use, building or structure is located. When such a legal nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any unlawful use.

(8)

Damage or destruction. Any legal nonconforming building or structure devoted in whole or in part to a legal nonconforming use, which is damaged or destroyed, by any means, to the extent of 50% of the cost of replacement of such building or structure, shall not be restored unless such building or structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located and unless its restoration is authorized pursuant to this code. The restored building or structure shall be accomplished without creating any new nonconformity with parking, loading, bulk, yard, or space requirements or increasing the degree of nonconformity with any parking, loading, bulk, yard, or space requirements existing prior to such damage or destruction. Restoration shall actually begin within one year after the date of such damage or destruction, unless extended in writing by the City Council for an additional period of one year for good cause shown, and such restoration shall be diligently pursued to completion.

(9)

Termination by discontinuance or abandonment.

(a)

When a legal nonconforming use of a part or all of a legal nonconforming building or structure, which was not originally constructed or intended for any use permitted in the zoning district in which such building or structure is located, is discontinued or abandoned for a period of six months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land, building, or structure shall comply with the use regulations of the zoning district in which such land, building, or structure is located.

(b)

Any period of such discontinuance of a legal nonconforming use caused by government action or acts of God, and without any contributing fault by the user, shall not be considered in calculating the length of discontinuance for purposes of this division (D)(9).

(E)

Legal nonconforming buildings or structures (as to bulk).

(1)

Authority to continue. Any legal nonconforming building or structure that is devoted to a use that is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in divisions (E)(2) through (E)(4).

(2)

Repair, maintenance, alterations, and enlargement. Any legal nonconforming building or structure may be repaired and maintained. Any portion of a legal nonconforming building or structure that is altered or enlarged, whether in the vertical or horizontal dimension, shall comply with all provisions of this chapter.

(3)

Moving. A legal nonconforming building or structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

(4)

Damage or destruction. Any legal nonconforming building or structure that is damaged or destroyed, by any means not within the control of the owner thereof, to the extent of more than 50% of the cost of replacement of such building or structure, shall not be restored unless such replacement building or structure shall thereafter conform to all regulations of the zoning district in which it is located and unless the restoration is authorized pursuant to this code. The restored building or structure shall be accomplished without creating any new nonconformity with parking, loading, bulk, yard, or space requirements or increasing the degree of nonconformity with any parking, loading, bulk, yard, or space requirements for such building or structure. Restoration shall actually begin within one year after the date of such damage or destruction, unless extended in writing by the City Council for an additional period of one year for good cause shown, and such restoration shall be diligently pursued to completion. In no event shall any damage or destruction to such a legal nonconforming building or structure by means within the control of the owner be repaired or restored except in accordance with division (E)(2).

(5)

Driveways and signs. Legal nonconforming driveways and signs shall not be subject to the foregoing, and shall be subject only to the following regulations:

(a)

Driveways. If the principal building or structure on any lot is destroyed or damaged by more than 50% of the total cost of reconstructing the building or structure, whether by fire, casualty, or act of God, or by the actions of the property owner, any legal nonconforming driveway on such lot shall be brought into conformance with the requirements of §§ 156.101(E) and 156.075(H) at the time the building or structure is reconstructed.

(b)

Signs. Legal nonconforming signs may be continued, repaired, altered, added to, or enlarged, moved, restored, discontinued, and changed in use only in conformance with the provisions of § 156.043(E).

(F)

Variations previously granted for uses, buildings, and structures. Any use, building, or structure that becomes nonconforming upon the effective date of any changes to this chapter that cause such building or structure to become nonconforming, and for which a variation was previously granted, shall remain lawful to the extent of the specific variation granted, subject to any conditions that were imposed pursuant to the grant of such variation.

(G)

Special uses previously granted for uses, buildings, and structures. Any use, building, or structure that becomes nonconforming upon the effective date of any changes to this chapter that cause such building or structure to become nonconforming, and for which a special use was previously granted, including a special use for a planned unit development, shall remain lawful to the extent of the approvals given as part of such special use, subject to any conditions that were imposed pursuant to the grant of such special use.

(Ord. 80-24, passed 12-23-80; Am. Ord. 98-06, passed 6-9-98; Am. Ord. 99-08, passed 6-22-99; Am. Ord. 01-55, passed 3-26-02; Am. Ord. 02-76, passed 3-25-02; Am. Ord. 03-37, passed 11-25-03 ; Am. Ord. 05-42, passed 2-14-06)

Cross reference— Penalty, see § 156.999

Sewage systems shall be governed by the provisions of chapter 50 of this code.

(Ord. 07-13, passed 10-9-07)

Cross reference— Penalty, see § 156.999

(A)

Construction and erection. The construction and erection of all signs within the city shall conform to the following standards provided that the construction and erection of highway advertising signs shall also conform to the standards set forth in § 156.052 of this code:

(1)

All letters, figures, characters or representations in cut-out or irregular form, which are maintained in conjunction with, attached to, or superimposed upon any sign, shall be safely and securely built or attached to the sign structure.

(2)

Any sign, other advertising structure, marquee or awning, as defined in this chapter, including the frames, braces and supports thereof, shall be designed and constructed to withstand a wind pressure of not less than 35 pounds per square foot of net surface area, shall be constructed to receive dead loads as required in the Building Code and other ordinances of the city, and shall be approved by the Director of Community and Economic Development as being in compliance with the Building Code and Electrical Code.

(3)

No part of a sign, other than a highway advertising sign, shall extend more than four feet from the building or structure to which it is attached.

(4)

Exterior illumination including goose neck reflector lamps and other lights shall be permitted; provided, however, that all such lights, other than a changeable electronic variable message signs as defined in § 156.052 for which a valid permit has been issued, are completely shielded from view beyond the lot line as so to prevent glare upon the street or adjacent property.

(5)

Except for a window sign, any glass forming a structural part of any sign shall be safety glass.

(6)

All signs shall be properly maintained, including, but not limited to, repair of broken or missing parts, removal of rust or oxidation; restoration of faded or chipped paint; and repair, replacement or restoration of any other similar condition of disrepair. If the Director of Community and Economic Development finds that any sign has not been properly maintained in accordance herewith, written notice shall be given to the owner or occupant of the premises upon which such sign is located, describing the violation and providing a reasonable period of time within which to remedy the deficiency. Failure to remedy the deficiency shall constitute a continuing violation of this requirement, and each day after the expiration of the time period allowed to remedy the deficiency shall be deemed a separate offense.

(B)

Maximum gross surface area.

(1)

Total area permitted. The total permitted area of all signs for a single building shall not exceed two times in square feet the total building frontage expressed in linear feet, up to a maximum of 300 square feet for a building with one street frontage, 500 square feet for a building with two street frontages, and 600 square feet for a building with three or more street frontages. Not more than one freestanding sign shall be allowed. If a single building is designed for occupancy by more than one business use, the total permitted wall sign area for a single business use will be subject to a pro-rata signage formula such that each new tenant will be allowed only its proportionate share of signage for all new multi-tenant buildings built after August 2020.

(2)

Reserved.

(3)

Maximum gross surface of a single sign. The following gross sign area limitation pertaining to single signs of the types indicated below.

(a)

Freestanding signs. Freestanding signs in the Commercial District, other than highway advertising signs, shall have a gross surface area not in excess of the table below, and shall not obstruct the view of vehicular traffic:

If a wall sign variation has been approved for a Zoning Lot, a freestanding sign is not allowed.

(b)

Wall signs. No wall sign shall have a gross surface area in excess of 25% of the wall to which it is applied or over 300 square feet, whichever is smaller, provided that wall signs in residential districts shall be subject to division (B)(3)(c) below.

(c)

Residential districts. In residential districts, signage shall be regulated as follows:

1.

Single-family detached and detached dwellings. No signs shall be permitted other than an address sign as permitted in division (F)(1)(a) of this section and/or an ornamental entry gate sign, which shall be subject to division (B)(3)(d) of this section.

2.

Multiple-family buildings in the R-3 zoning district and nonresidential buildings and developments in all residential districts.

A.

For each principal multiple-family building or any nonresidential building, one building identification sign shall be permitted, to be either a freestanding sign in the front yard only or a wall sign, and to depict the name and/or address of the building and other identification information and/or information concerning permitted uses located therein. If such a sign is a wall sign, it shall not exceed four square feet, shall be located on the same side as the principal entrance, and shall be non-illuminated, indirectly illuminated or internally illuminated. If such a sign is a freestanding sign, it shall not exceed 12 square feet per side, shall be located not less than three feet from any lot line, driveway or street pavement, and shall be non-illuminated, indirectly illuminated or internally illuminated.

B.

For multiple building developments, one freestanding building identification sign shall be permitted for each frontage in addition to a wall sign for each building.

C.

For a residential subdivision or planned unit development, ornamental entry gate signs shall be permitted, subject to divisions (B)(3)(d) and (C)(5) of this section.

D.

In parking lots and on driveways, directional signs shall be permitted subject to the restrictions in division (F)(5) of this section.

E.

In parking lots and on driveways, standard parking and traffic signs shall be permitted.

F.

For each multiple-family or nonresidential building, a resident or occupant directory shall be permitted as a wall sign, at the principal entrance to the building, not to exceed four square feet.

3.

Nonresidential buildings or uses accessory to residential buildings or developments.

A.

A building identification sign shall be permitted for each building, to depict the name and/or address of the building and other identification information and/or information concerning uses located therein and hours. Such shall be located on the same side of the building or uses as the principal entrance, and shall be non-illuminated or indirectly illuminated.

B.

A freestanding building identification sign shall not exceed six square feet per side, shall be located not less than three feet from any lot line or street pavement, and shall not exceed six feet in height.

C.

A wall sign for building identification shall not exceed six.

D.

Instruction boards, including warning messages, and bulletin boards, not exceeding 20 square feet shall also be permitted.

(d)

Ornamental entry gate signs. Permanent ornamental entry gate signs shall be permitted in the front yard in all districts subject to the following restrictions:

1.

Only one such sign shall be permitted on each side of each entrance from each street frontage.

2.

Such signs shall not exceed 50 square feet per sign, or 25% of the wall area, whichever is less; provided that for purposes of calculating the percentage of the wall area, the columns of the ornamental entry gate shall not be included.

3.

Such signs shall be permitted only at the entrances of a subdivision or planned unit development for which the uses are principally residential or office.

4.

Such signs shall not be located within the public right-of-way.

(e)

Window signs. No window sign shall have a gross surface area in excess of 25% of the window on which it is hung, displayed or painted, behind which it is affixed or from which it is displayed. Window signs shall not be included in calculating the total permitted area of signs allowed upon the Zoning Lot which they are located.

(f)

Construction site sign. No construction site sign shall exceed two feet by four feet in area. Such signs shall be aluminum and shall be provided by the city for a fee. Such signs shall not be affixed to any tree, but shall be affixed to a building or fence, or shall be mounted on a post or weighted standard that is no more than six feet in height and is located behind the front lot line of the construction site.

(g)

Highway advertising signs. No highway advertising sign shall have a gross surface area in excess of the limits set forth in § 156.052 of this code.

(h)

Digital signs. One digital sign will be permitted for each Zoning Lot that contains a restaurant, retail, or hotel use.

(i)

Roof signs. The maximum allowable area of roof signs shall not exceed 25% of the wall area on which it faces or 300 square feet, whichever is smaller; and no part of a roof sign shall extend more than four feet from the building or structure to which it is attached.

(C)

Additional restrictions, all signs. The following additional restrictions shall apply to all signs:

(1)

Unsafe and unlawful signs. If the Director of Community and Economic Development shall find that any sign, other advertising structure, marquee, canopy or awning as defined in this section is unsafe or insecure, is a menace to the public, or has subsequent to the effective date of this section been constructed or erected in violation of the, provisions of this section, the Director of Community and Economic Development shall give notice to the permittee thereof in the form of a written report indicating such unsafe conditions or violations of this section. If the permittee fails to remove or alter the structure so as to comply with the standards herein set forth, within three days after such notice, such sign, other advertising structure, marquee, canopy or awning as defined in this section may be removed by the Director of Community and Economic Development at the expense of the permittee or owner of the property upon which it is located. The Director of Community and Economic Development may cause any sign, other advertising structure, marquee, canopy or awning as defined in this section, which is an immediate peril to persons or property, to be removed summarily and without notice.

(2)

Obstructions. No sign, other advertising structure, canopy or awning as herein defined, shall obstruct any driveway, door, window, fire escape, ladder, or opening intended to provide light, air, access or egress for any building or structure. This provision shall not be construed to prohibit the affixing of temporary window signs on or about any window, glass partition, or any other structure in the interior of any building.

(3)

Zoning district. Signs of specified types shall be permitted in the various zoning districts as follows:

A.

Residential zoning districts:

B.

Business zoning districts:

(4)

Related to premises. Except for off-premises freestanding signs and highway advertising signs, every freestanding sign, ornamental entry gate sign, wall sign, and window sign shall relate directly to the business or enterprise conducted on the premises or to the property on which it is located; provided, however, that noncommercial copy of any nature may be placed on any otherwise permitted sign, whether or not such noncommercial copy relates to the business, enterprise or property on which it is located.

(5)

Maximum height of signs. No pole sign or monument sign shall exceed nine feet in height; except on Roosevelt Road and 22nd Street only, no pole sign or monument sign shall exceed 15 feet in height, with a minimum clearance of six feet from the top of grade immediately adjacent to the sign structure to the bottom or lowest point of the gross surface area of the sign; provided that no off-premises freestanding sign shall exceed 20 feet in height, and no freestanding building identification sign in a residential district shall exceed six feet in height for residential uses or nine feet in height for permitted nonresidential uses. The height of a sign shall be measured from the top of the grade immediately adjacent to the sign structure, to the top or highest point of the gross surface area of the sign, as herein defined. This division (C)(6) shall not apply to highway advertising signs the maximum height of which is regulated by § 156.052 of this code.

(6)

Financial responsibility. The general contractor for a sign shall provide a certificate of insurance showing the City of Oakbrook Terrace as an additional insured.

(7)

Prohibited sign features. To preserve community appearance and avoid traffic hazards, the following shall be prohibited:

(a)

Flashing signs, rotating or moving signs, animated signs, signs with moving lights, or creating the illusion of movement, and flashing or moving lights. A sign whereon the time and or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and or temperature and are not more frequent than every ten seconds.

(b)

Signs that imitate or resemble any official traffic control device.

(c)

Signs that hide or interfere with the effectiveness of any official traffic control device.

(d)

Lights around the perimeter of principal structures and accessory structures, as well as, around features of principal structures and accessory structures, except during the holiday season. This division (d) shall not apply to such lights already in existence on the effective date of this division or to window signs.

(e)

This division (C)(7) shall not apply to highway advertising signs which are regulated by § 156.052 of this code.

(8)

Location of pole, monument, ornamental entry gate, and off-premises freestanding signs. No part of any pole sign, monument sign or off-premises freestanding sign shall be less than three feet from any property line or driveway, except that on Roosevelt Road and 22nd Street only, no part of any pole sign shall be less than three feet from any property line, and no monument sign shall be less than ten feet from any property line; and except that no part of any ornamental entry gate sign shall be less than five feet from the property line or driveway. No off-premises freestanding sign shall be located less than 100 feet from any other off-premises freestanding sign. On a corner lot, no pole, monument, ornamental entry gate or off-premises freestanding sign shall be located within a triangular area formed by the street property lines and a line connecting points on the street property lines located 25 feet from the intersection of the right-of-way lines. This division (C)(8) shall not apply to highway advertising signs the location of which is regulated by § 156.052 of this code.

(9)

Removal of certain signs. Except for off-premises freestanding signs, at the termination of a business, or commercial enterprise, all signs pertaining thereto shall forthwith be removed from public view. Responsibility for removal shall reside with the property owner. Upon failure to comply with removal of all signs within 60 days following termination of a business or commercial enterprise, the Director of Community and Economic Development is hereby authorized to cause removal of all signs pertaining thereto and any expense incident thereto shall be paid by the property owner.

(10)

Maximum number of off-premises freestanding signs per zoning lot. Except for exempted signs as permitted in division (F) and temporary signs as permitted in division (G), no more than one off-premises freestanding sign shall be located on a single zoning lot.

(11)

Restrictions on certain wall signs. Wall signs attached, applied to, painted on, placed flat against, or displayed parallel to, any structure other than a building shall be required to comply with the following restrictions:

(a)

Such signs shall be used solely to identify the specific development or building and shall not be used to identify a specific tenant or product;

(b)

Such signs shall not be installed so that the sign surface area extends above, below or to either side of the structure on which such signs are attached, applied, painted or placed flat against;

(c)

Such signs shall not be internally illuminated.

(D)

Required permits. It shall be unlawful for any person to erect, alter, relocate, or maintain within the city any sign, other advertising structure, marquee, canopy or awning as defined in this section, without first obtaining a sign permit from the Director of Community and Economic Development and making payment of the required fee for such permit or, in the case of off-premises freestanding signs, without also making payment of the annual license fee as provided in division (E)(8). In addition, all illuminated signs shall be subject to the provisions of the Electrical Code. Applications for a sign permit shall be made upon forms provided by the Director of Community and Economic Development, and shall contain or have attached thereto the following information:

(1)

Name, address and telephone number of the applicant.

(2)

Location of building, structure, or lot to which or upon which the sign, other advertising structure, marquee, canopy or awning as defined in this chapter, is to be attached or erected.

(3)

Position of the sign, advertising structure, marquee, canopy or awning as defined in this chapter, in relation to nearby building or structures.

(4)

Two blueprints or ink drawings of the plans and specifications and method of construction and attachment to the buildings or in the ground.

(5)

If required by the Director of Community and Economic Development a copy of calculations or other information, including, but not limited to, manufacturer's specifications, as evidence that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the city.

(6)

Name of person, firm, corporation, or association erecting the sign, other advertising structure, marquee, canopy or awning as defined in this section.

(7)

For any multiple-tenant use, consent in writing of the owner of the building, structure, or land to which or on which the sign, other advertising structure, marquee, canopy or awning as defined in this section is to be erected.

(8)

Any electrical permit required and issued for said sign, other advertising structure, marquee, canopy or awning as defined in this section.

(9)

Proof of financial responsibility as required in this section.

(10)

Such other information as the Director of Community and Economic Development shall require to show full compliance with this and all other ordinances of the city. Applications for permits for the erection of signs, other advertising structures, marquees, canopies or awnings, as defined in this section, in which electrical wiring and connections are to be used, shall be reviewed by the Director of Community and Economic Development or a duly authorized deputy. The plans and specifications respecting all wiring and connections, shall be examined to determine if they comply with the Electrical Code of the city, and the Director of Community and Economic Development shall recommend approval of the issuance of the permit if the plans and specifications comply with the Electrical Code and shall recommend disapproval of the application if noncompliance with the Electrical Code is found. Such plans and specifications shall be reviewed prior to the consideration of the application by the Director of Community and Economic Development for final approval or disapproval of the sign permit. It shall be the duty of the Director of Community and Economic Development or an authorized deputy upon the filing of all application for a sign permit to examine such plans, specifications, and other data, and the premises upon which it is proposed to erect the sign, canopy, or awning as defined in this section, and if it shall appear that the proposed structure is in compliance with all the requirements of this section, this chapter and all other applicable ordinances of the city, and the appropriate permit fee has been paid, the Administrator shall then issue the sign permit. If the work authorized under a sign permit has not been completed within six months after date of issuance, the permit shall become null and void.

(E)

Authority to continue "existing non conforming uses. For the purpose of this chapter, ever sign, other advertising structure, marquee, canopy, or awning, which was erected and in place on the effective date of this chapter, or on the effective date of any amendment hereto, and which does not conform with this chapter or any such amendment, shall be deemed a nonconforming use. Nonconforming uses may be continued only in accordance with the following regulations:

(1)

Repairs and alterations. All necessary repairs are made and no structural alterations are made, except those required by law, or except to make the sign conform to the regulations of this chapter.

(2)

Additions and enlargements. No additions or enlargements shall be made.

(3)

Moving. The sign shall not be moved.

(4)

Restoration of damaged signs. If such sign is damaged by fire or other casualty less than 40% of the original cost of the sign, repairs shall be started within 90 days from the date of the damage and such repairs shall be diligently prosecuted to completion.

(5)

Discontinuance of use. Except for off- premises freestanding signs, when a business or commercial enterprise has terminated the use of a nonconforming sign for a period of at least 60 days, such sign shall be required to conform to the regulations of this chapter.

(6)

Change of use. Except for permitted, off-premises freestanding signs, where the business use or identity associated with a nonconforming sign terminates or changes, the use of said sign thereafter shall conform to the regulations of this chapter.

(7)

Any off-premises freestanding sign which does not conform to the provisions of this section, or any amendment thereto, on its effective date, may be continued only in accordance with divisions (E)(1) through (4) of this section.

(8)

Amortization of on-premises signs. Any on-premises sign which does not conform to an amendment to this section shall be removed or brought into conformance with the provisions of this section in accordance with divisions (E)(1) through (6) of this section, whenever such divisions become applicable to such sign.

(F)

Exempted signs. The provisions and regulations of tins section shall not apply to the following signs; provided, however, that said signs shall be subject to the provisions of division (C)(1) of this section, and, except for the signs permitted in division (F)(6), said signs shall also be subject to the provisions of division (C)(4) of this section.

(1)

A sign not exceeding two square feet in area identifying the name and/or address of the building or dwelling, placed in a position to be plainly legible and visible from the street or road fronting the property. All lots, buildings and structures in the city shall be numbered in accordance with the following plan: north and south numbers shall commence at Madison Street; east and west numbers shall commence at State Street; odd numbers shall be on the east and south sides of the streets; even numbers shall be on the north and west sides of the streets. It shall be the duty of the owners or occupants of any building to display the address of that building. The Director of Community and Economic Development shall keep a chart showing the proper street number of every lot in the city, which chart shall be open to inspection by anybody interested.

(a)

Residential address sign. For any building in a residential district, including single-family detached and attached dwellings and multiple-family buildings, the address numbers shall be readable from the street and shall contrasting in color with the background or structure. Address numbers shall be Arabic numerals and alphabet letters, and shall be a minimum of four inches high, with a minimum stroke width of one-half inch. A freestanding address sign shall not exceed eighteen inches in height.

(b)

Business address sign. For buildings in a business district, the address number shall be readable from the street and contrast in color with the background or structure. Address numbers shall be Arabic numerals and alphabet letters, and shall be a minimum of four inches high, with a minimum stroke width of one-half inch. In addition, all shopping centers shall display an address sign on the rear door of each establishment.

(2)

A bulletin board or instruction board not exceeding 20 square feet in area for a public, charitable, or religious institution and located on the same premises.

(3)

A building marker sign not to exceed 15 square feet, with the name and/or date of erection of the building, which sign may be cut into the masonry surface of the building or depicted on a plaque made of bronze or some other permanent metal.

(4)

Traffic and parking regulation signs or other municipal signs and banners, public utility signs, legal notice signs, railroad crossing signs, danger and temporary emergency or temporary non-advertising signs on public rights-of-way if erected by a public body or public utility or with the permission of the city. Traffic and parking signs on private property within driveways and parking lots.

(5)

Directional signs which provide instruction or direction within an off-street parking area, to identify entrances, walkways, and features of similar nature. Such signs shall not exceed three square feet in area per side per sign and shall not be more than 30 inches in height above grade, unless special conditions dictate a height which allows visibility of such sign(s) from the street but does not create an obstacle for a motorist. Special conditions and the existence thereof shall be determined by the Director of Community and Economic Development. No more than two double-faced signs shall be allowed at each entrance to or exit from a parking area, with one sign on each side of the driveway. Such signs may be illuminated but only in accordance with the provision of this section. Directional signs may contain the name of a business, and/or logo. Such signs shall be computed in the overall square footage of signage of that parcel, and shall count against the permitted number of freestanding signs.

(6)

Temporary election signs not exceeding 16 square feet. No election signs may be erected on any property without the owner's permission. Election signs shall not be placed in any right-of-way. Any election sign placed within the public right-of-way may be confiscated by the city, and will be subject to disposal without return of such sign to the owner or candidate.

(7)

Menu boards, which are accessory to a permitted drive-through restaurant, and which shall be oriented so as not to be visible from any street.

(8)

Temporary window signs, subject to division (B)(3)(e) of this section.

(9)

Window signs identifying hours of operation and/or stating whether the business is open or closed.

(10)

Garage sale signs in compliance with § 112.52(E) of this code.

(G)

Temporary signs. Temporary signs shall be in accordance with all the provisions of this chapter, except where specifically stated and with the following exceptions: Temporary signs shall not be included in the overall signage for that zoning lot on which it is located, and no temporary sign shall be illuminated. Only one of the following temporary signs is permitted per parcel:

(1)

A real estate sign in a single-family residential district which advertises single-family residential property for sale, rent, or lease of the premises on which it is located. Such a sign shall not exceed four square feet in area and shall not exceed five feet in height. Such a sign shall be removed no more than three days after the closing upon the sale, rental or lease of the property.

(2)

In the case of a new subdivision, and in place of a single sign per lot, a single non-illuminated sign will be allowed, with an area not to exceed the number of lots in the subdivision, times four square feet, or 200 square feet, whichever is less. Such a sign shall comply with the height and location restrictions for freestanding signs. Such a sign shall be removed no more than three days after the closing upon the sale of the last lot of record in the subdivision.

(3)

A temporary sign for an initial period not to exceed 90 days located on a lot in a multi-family or commercial district on which a property, building or portion of a building is for sale, rent or lease. Such sign shall not exceed 16 square feet in area and nine feet in height. No permit fee shall be required for the initial 90-day period. A permit fee of $150 shall be required to be paid by the property owner to the city should the temporary sign remain on the lot following the initial 90-day period. Any temporary sign remaining on the lot after the after the initial 90-day period for which a permit fee has not been paid, shall be immediately removed from the lot by the property owner. It shall be unlawful to permit any temporary sign to remain on the lot after the after the initial 90-day period unless the permit fee has been paid.

(4)

Pennants, banners, streamers, flags or any other similar non-framed temporary advertising sign, but not including balloons, used to announce a grand opening of a new business which shall not be located on any roof and shall be removed within 60 days after being displayed.

(5)

A sign for a new development, denoting the architect, the financial lending institution, the engineer, or the contractor of a new development not exceeding 16 square feet in area when placed upon work under construction. Such a sign may be located anywhere on the parcel but no closer than three feet from any property line. There shall be no more than one sign per development tract unless the development is abutting two streets; then, two separate signs shall be permitted, one on each frontage. Such a sign(s) shall not exceed nine feet in height, and shall be removed upon the issuance of the occupancy permit.

(6)

Portable-type trailer signs shall be permitted in any zoning district for any non-for-profit organization and shall be removed within 15 days. One such sign shall be permitted for each street frontage. Such signs shall be indirectly illuminated and shall not include any flashing lights.

(7)

On four occasions during each calendar year, property owners in the B-2, B-3, B-4, and B-5 zoning districts may obtain a permit for the posting of a temporary sign for a period of 96 hours. The sign shall be no larger in area than two times the building frontage or 300 square feet, whichever is less. A temporary banner attached to a building shall not exceed the height of the building structure, excluding rooftop mechanical equipment or antennas. A freestanding temporary banner shall not exceed nine feet in height. Such sign shall be permitted only to identify or advertise a business conducted on the premises on which the sign is located. Further, in order to post said sign, the owner must file for its permit no less than three days prior to the date of display. Such permit shall be reviewed by the Zoning Department for its compliance with ordinances and to protect the public safety and welfare. To the extent this section is more specific, than any other section of this code, this section shall govern.

(H)

Purpose of this section. The regulations set forth in this section are established in order to promote and protect the public health, safety, convenience and general welfare of the city, its residents and businesses, and those traveling through the city, and in order to accomplish the following specific purposes:

(1)

To enhance the economy of the city by promoting the reasonable, orderly and effective use and display of signs.

(2)

To enhance the appearance of the city by recognizing and encouraging a sense of aesthetic appreciation for the visual environment.

(3)

To protect the general public from damage and injury that might be caused by the faulty and uncontrolled construction and use of signs within the city.

(4)

To protect the public use of streets by reducing sign or advertising distractions that may create traffic hazards.

(5)

To preserve the value of private property by assuring the compatibility of signs with surrounding land uses.

(6)

To limit and control the pollution of the visual environment.

(Ord. 80-24, passed 12-23-80; Am. Ord. 92-8, passed 8-25-82; Am. Ord. 98-06, passed 6-9-98; Am. Ord. 97-33, passed 2-9-99; Am. Ord. 99-03, passed 6-8-99; Am. Ord. 01-15, passed 8-14-01; Am. Ord. 01-21, passed 9-13-01; Am. Ord. 01-55, passed 3-26-02; Am. Ord. 02-25, passed 8-13-02; Am. Ord. 02-53, passed 12-18-02; Am. Ord. 03-17, passed 8-26-03; Am. Ord. 04-14, passed 6-22-04; Am. Ord. 06-22, passed 11-14-06; Am. Ord. 09-18, passed 10-27-09; Am. Ord. 10-31, passed 12-14-10; Am. Ord. 12-14, passed 3-27-12; Am. Ord. 12-54, passed 12-11-12; Am. Ord. 13-8, passed 2-12-13; Am. Ord. 13-9, passed 2-12-13; Am. Ord. 15-22, passed 3-10-15; Am. Ord. 15-24, passed 3-10-15; Am. Ord. 20-29, passed 8-11-20; Am. Ord. 22-01, passed 1-11-22; Am. Ord. 22-24, passed 8-23-22)

Cross reference— Penalty, see § 156.999

(A)

Permitted use. Private outdoor swimming pools shall be permitted as an accessory use, provided they conform with the provisions of this and other applicable ordinances of the city.

(B)

Protective fence. Every outdoor swimming pool constructed or maintained within the city shall have a protective fence. The requirements for this fence shall be as follows:

(1)

All gates or doors providing access to such outdoor pool shall be self-closing and self-latching with latches placed at least 42 inches above the ground.

(2)

The fence shall be of at least 11 gauge wire mesh, wrought iron, wood, stone, concrete, brick or other materials, or combination thereof approved by the Director of Community and Economic Development. An accessory building may be employed as part of such enclosure.

(3)

There shall be no openings or gaps in such fence larger than six inches, except for doors and gates.

(4)

The protective fence shall be no less than four feet in height, no more than six feet in height, and must be located not less than four feet from the pool.

(5)

An outdoor pool shall be allowed without a surrounding fence provided that the pool design includes a barrier that is permanently attached around the entire pool as part of the structure of the pool, and provided that said barrier extends 30 inches or more above the top of the pool deck and rim and otherwise meets the specifications of a fence hereinabove described; and further; provided that a fence no less than six feet in height shall be constructed so as to enclose the entrance to such a pool, and that such fence encloses an area at least four feet from any entrance ladder or similar facility used for entrance to such a pool.

(C)

Outdoor pool permit. Application for a outdoor pool permit allowing the construction or installation of an outdoor pool shall be made in writing to the Director of Community and Economic Development. No such outdoor pool shall be constructed or installed without the approval of an outdoor pool permit by the Director of Community and Economic Development.

(Ord. 07-13, passed 10-9-07; Am. Ord. 22-24, passed 8-23-22)

Cross reference— Penalty, see § 156.999

(A)

Requirements.

(1)

The following restrictions shall apply to yards in all districts.

(a)

The minimum yard space required for one structure shall not again be considered as minimum required yard space for another adjoining structure, except that for unsubdivided property in the R-2 and R-3 zoning districts, the required interval of separation between adjacent buildings shall be considered as the minimum required yard space for both buildings.

(b)

No lot shall be reduced in area so that the yards or other open spaces become less than the requirements of this chapter.

(c)

On corner lots, no obstruction in a yard, including trees and shrubs, shall be higher than 18 inches above the street level if located in that portion of the yard within 25 feet of the corner formed by the intersection of any two street right- of-way lines; provided that, notwithstanding such height restriction, existing vegetation shall be allowed to remain unless it creates a hazard to pedestrian or vehicular traffic as determined by the Director of Community and Economic Development in consultation with the Chief of Police, the Public Services Director and other consultants as deemed necessary and appropriate.

(2)

In Single-Family Residence Districts, the maximum number of buildings accessory to any principal single-family residential building or structure shall be two. Such accessory buildings shall not occupy more than 8% of the lot area or 950 square feet, whichever amount is less, unless otherwise permitted by a planned unit development or a variation.

(3)

In Business or Multiple-Family Residence Districts, accessory buildings that are permitted obstructions in the rear yard shall not occupy more than 30% of the required rear yard or 800 square feet, whichever is less, unless otherwise permitted by the planned unit development or a variation.

(B)

Permitted obstructions. The following shall be permitted obstructions in minimum required yards:

F denotes Minimum Required Front Yard

R denotes Minimum Required Rear Yard

S denotes Minimum Required Side Yard

A denotes All Minimum Required Yards

1 Eaves, gutters, canopies and awnings shall not extend more than four feet into the minimum required front, side or rear yard, except that eaves and gutters of detached garages and sheds may be located within the required side or rear yard, so long as no portion thereof is located less than three feet from the rear lot line or less than three feet from the side lot line.
2 ;hg;The height of landscape walls shall not exceed 30 inches above the existing grade. The depth of any level of a landscape terrace, as extended toward the structure, shall be no less than 1.5 times the height of the rise in the terrace that is immediately beneath such level of the landscape terrace. The materials used for the construction of landscape walls shall be limited to landscape materials. On corner lots, no landscape wall shall exceed 18 inches above the grade in any portion of the yard situated within 25 feet of the lot corner formed by the curve of any two street lines.
3 ;hg;The height of retaining walls shall not exceed the top of the foundation unless approved by the City Engineer for structural purposes. Any retaining wall that is more than three feet in height shall be certified by a structural engineer. On corner lots, no retaining wall shall exceed 18 inches above the grade in any portion of the yard situated within 25 feet of the lot corner formed by the curve of any two street lines.
4 ;hg;For off-street parking, see regulations in each zoning district in addition to § 156.100.
5 ;hg;Tennis courts shall be located not less than ten feet from the rear lot line.
6 ;hg;Detached garages and sheds, including any eaves or gutters, shall be located not less than three feet from the rear lot line and not less than three feet from any side lot line. The vertical wall of any detached garage or shed shall be located not less than ten feet from the vertical wall of a principal building or structure.
7 ;hg;In single-family detached residential zoning districts, light poles shall not be located in any required yard other than the front yard and shall not exceed eight feet in height; provided that light poles may be located in a rear yard inside the fence required in conjunction with a swimming pool, at a height not to exceed four feet. For off-street parking in business zoning districts, or when accessory to attached residential buildings, multiple-family residential buildings or nonresidential uses in all residential zoning districts, light poles may be located in the front, side or rear yards and shall not exceed 16 feet in height.
8 ;hg;Porch swings shall not extend more than four feet into the minimum required front, side or rear yard.
9 ;hg;No more than two flags shall be permitted on any zoning lot used for residential purposes in a residential zoning district, at a maximum height not to exceed the maximum building height permitted in the relevant zoning district. No more than five flags shall be permitted for nonresidential uses in any residential zoning district or for any use in a business district, at a maximum height of 35 feet. No ground-mounted flag shall hang more than one- third of the length of the pole on which it is displayed. Flags on zoning lots on which public buildings are located shall be exempt from these restrictions.
10 ;hg;No more than one ornamental entry gate shall be permitted on each side of an entrance from a street frontage, not exceeding eight feet in height, and such gates shall be set back not less than five feet from the front lot line, street pavement and driveway. Such gates shall be subject to the approval of the City Engineer and shall be certified by a structural engineer.
11 ;hg;Dumpsters in commercial districts may be located only in the required side and rear yards. Residential garbage cans may be located only in the required side and rear yards and shall comply with the requirements of § 156.101(A)(1)(h).
12 ;hg; For off-street loading berths, see regulations in §§ 156.103 and 156.104.
13 ;hg;Above ground service facilities shall comply with the requirements of § 156.051.
14 ;hg;Portable toilets at residential construction sites shall be located away from any sidewalks, and as close to the front wall of the principal structure as practical, and shall be permitted only until a temporary certificate of occupancy is issued.

(Am. Ord. 92-8, passed 8-25-92; Am. Ord. 80-24, passed 12-23-80; Am. Ord. 98-45, passed 2-9-99; Am. Ord. 01-46, passed 1-22-02; Am. Ord. 01-55, passed 3-26-02; Am. Ord. 02-25, passed 8-13-02; Am. Ord. 03-15, passed 8-26-03; Am. Ord. 06-22, passed 11-14-06; Am. Ord. 06-23, passed 11-14-06; Am. Ord. 07-13, passed 10-9-07; Am. Ord. 07-21, passed 11-27-07; Am. Ord. 07-38, passed 2-26-08; Am. Ord. 08-13, passed 8-12-08; Am. Ord. 09-2, passed 5-26-09; Am. Ord. 19-9, passed 3-12-19; Am. Ord. 22-24, passed 8-23-22)

Cross reference— Penalty, see § 156.999

(A)

Objectives. The regulations in this section are established to meet the following objectives:

(1)

To enhance the aesthetic values in the city by assuring that the appearance, location and height of antennas and satellite dish antennas do not unreasonably interfere with the rights of neighboring property owners to use and enjoy their properties, and by assuring the compatibility of such antennas with surrounding properties.

(2)

To enhance public safety in the city by protecting persons and property from injury or damage that might be caused by improper location, installation and grounding of antennas and satellite dish antennas.

(B)

Antennas, including satellite dish antennas, shall be permitted uses in all zoning districts, subject to the requirements set forth in this chapter.

(C)

Permit required.

(1)

No person shall construct, erect or install any antenna or satellite dish antenna without obtaining a building permit therefor, except that no permit shall be required for satellite dish antennas that are less than one meter (approximately 39 inches) in diameter.

(2)

Except as provided in division (C)(1) of this section, an application for a permit shall be filed with the Community Development Department for all antennas and satellite dish antennas, and such application shall include the following:

(a)

Name, address and telephone number of the person installing the antenna;

(b)

Name and address of the owner of the lot on which the antenna will be located;

(c)

A description of the antenna, showing its dimensions, structural specifications and location on the lot, including all other surrounding buildings and structures on the lot and the lot lines.

(d)

For roof- or wall-mounted satellite dish antennas that are more than two meters (approximately 79 inches) in size, plans shall be certified by a registered engineer as to the structural integrity of the building or structure with respect to the location of the antenna thereon.

(D)

General requirements. The following requirements shall apply to all antennas, including satellite dish antennas, which are located, constructed or installed in the city.

(1)

Except for antennas and satellite dish antennas attached to single-family residences, all antennas, including satellite dish antennas, shall be constructed of noncombustible materials, and shall be provided with U.L.-approved lightning protection devices.

(2)

Color. All antennas, including satellite dish antennas of any size, and the antenna supporting structures on which they are mounted, shall be black, gray, white, silver, tan, beige or other light brown shades of color, to match or blend with the predominant color of the roof or wall surface, if roof- or wall-mounted, or the color of the surroundings if ground-mounted.

(3)

Wind loads. All antennas, including satellite dish antennas of any size, and any antenna supporting structures on which they are mounted or installed, shall be designed to withstand a minimum wind velocity of 80 miles per hour (impact pressure of 32 pounds per square foot).

(4)

No obstruction of rights-of-way or property. No antenna, including satellite dish antennas of any size, shall extend above, across, over or under any public or private right-of-way, including sidewalks located thereon, or have any wires or metal rods that extend therefrom above, across, over or under any public right-of-way, including sidewalks located thereon.

(5)

Burying wires. All wires, rods and other connectors between an antenna, including satellite dish antennas, and the building receiving services from such antenna, shall be located underground if ground-mounted, or securely attached to or located within the building receiving services if roof- or wall-mounted.

(6)

Screening. Landscape screening of ground-mounted antennas, including satellite dish antennas as provided herein, shall be required to completely enclose such antennas with non-deciduous landscape materials or fencing having an opacity of at least 75%, at a height not less than the height of the antenna along the antenna's non-reception window axes, with low level screening along the reception window axes of the antenna's supporting structure. Such screening shall be required in the following locations and circumstances:

(a)

In single-family and multiple-family residential districts where the use is residential in nature, satellite dish antennas that are one meter (approximately 39 inches) or more in size.

(b)

In business districts or in single-family residential districts and multiple-family residential districts on properties where the use is non-residential, satellite dish antennas that are two meters (approximately 79 inches) or more in size.

(c)

In all districts for antennas other than satellite dish antennas.

(7)

Lighting and advertising. All antennas, including satellite dish antennas, shall comply with all applicable FCC and FAA requirements. No lights, or signs or other advertising, shall be permitted on any antenna or antenna supporting structure unless required by the FCC or the FAA.

(E)

Location requirements. Except as otherwise provided in this section, all antennas, including satellite dish antennas, shall comply with all applicable accessory use, yard, height, bulk and setback requirements specified in this chapter. Antennas, including satellite dish antennas, shall be located on a lot in accordance with the following preferred requirements, taking into account the requirements for reasonable reception of signals, including satellite signals:

(1)

Detached and attached single-family residential districts for residential uses:

(a)

First preference is for roof-, balcony- or wall-mounted antennas, including satellite dish antennas:

1.

First preference for such roof-, balcony- or wall-mounted antennas is for mounting such antennas on that portion of a roof, balcony or wall that faces a rear yard; or

2.

If the signal, including satellite signals, cannot be reasonably received by mounting such antennas on that portion of a roof or wall that faces a rear yard, second preference for such roof-, balcony- or wall-mounted antennas is for mounting such antennas on that portion of a roof or wall that faces a side yard; provided that such antennas shall be installed so that they are not visible between ground level and ten feet above ground level from any street adjoining the front yard of the lot on which they are located.

3.

Such antennas shall be mounted so that they will not extend more than four feet into the minimum required rear or side yard, except that if such antennas are mounted on a detached garage or shed, no portion thereof shall be located less than three feet from the rear or side lot lines.

(b)

Second preference is for ground-mounted antennas, including satellite dish antennas:

1.

First preference for ground-mounted antennas is for installing such antennas in the rear yard, if at all practicable for purposes of reception of signals, including satellite signals.

2.

If signals, including satellite signals, cannot be reasonably received if such antennas are located in the rear yard, second preference for such ground-mounted antennas is for such antennas to be located in a side yard.

3.

Such antennas shall be installed so that they will not extend more than four feet into the minimum required rear or side yard.

(2)

Business districts, multiple-family residential districts, or multiple-family or single-family residential districts where the use on a lot is nonresidential:

(a)

First preference is for roof-mounted antennas, including satellite dish antennas, mounted on the roof of the principal structure on a lot, with effective roof screening so that the antenna is not visible from any adjoining street or abutting residential property.

(b)

Second preference for wall- or balcony-mounted antennas, including satellite dish antennas:

1.

First preference for such wall- or balcony-mounted antennas is for mounting such antennas on that portion of the wall or balcony of the principal building that faces a rear yard.

2.

If the signal, including satellite signals, cannot be reasonably received by mounting such antennas on that portion of a wall or balcony of the principal building that faces a rear yard, second preference for such wall- or balcony-mounted antennas is for mounting such antennas on that portion of a wall or balcony of the principal building that faces a side yard; provided that such antennas shall be installed so that they are not visible between ground level and ten feet above ground level from any street adjoining the front yard of the lot on which they are located.

3.

Such antennas shall be mounted on the balcony or wall of the principal building so that they will not extend more than four feet into the minimum required rear or side yard.

4.

If the signal, including satellite signals, cannot be reasonably received by mounting such antennas on that portion of a wall or balcony of the principal building that faces a rear or side yard, third preference for such wall- or balcony-mounted antennas is for mounting such antennas on an accessory building or structure on any wall; provided that no portion of such antennas shall be located less than three feet from the rear or side lot lines.

(c)

Third preference is for ground-mounted antennas, including satellite dish antennas:

1.

First preference is for installing such antennas in the rear yard.

2.

If signals, including satellite signals, cannot be reasonably received if such ground mounted antennas, are located in the rear yard, such antennas may be located in a side yard.

3.

Such antennas shall be installed so that they will not extend more than four feet into the minimum required rear or side yard.

(F)

Size, height and number of antennas, including satellite dish antennas. The size, height and number of antennas on a zoning lot, including satellite dish antennas, shall conform with the following requirements:

(1)

In detached or attached single-family residential districts where the use is residential:

(a)

The height of antennas, including satellite dish antennas, and including any antenna supporting structure other than the residence structure on which they are mounted, shall not exceed three feet above the peak or highest point of the roof of the residence structure.

(b)

The size of satellite dish antennas shall not exceed one meter (approximately 39 inches).

(c)

The number of ground-mounted antennas, including satellite dish antennas, shall not exceed one antenna, as an accessory structure only.

(2)

In business zoning districts, multiple-family residential districts, or multiple-family residential or single-family residential districts where the use on a lot is nonresidential:

(a)

The height of antennas, including satellite dish antennas, and including any antenna supporting structure other than the building on which they are mounted, shall not exceed ten feet above the maximum permitted height for buildings and structures in multiple-family residential districts and for nonresidential uses in single-family residential districts, and 15 feet above the maximum permitted height for buildings or structures in business districts.

(b)

The parts of antennas, other than satellite dish antennas, shall not extend more than 15 feet laterally from the antenna supporting structure, and no more than three additional antennas shall be attached to the antenna supporting structure.

(c)

Not more than 100 cubic feet of air space shall be occupied.

(G)

If the signal, including satellite signals, cannot be reasonably received if an antenna, including a satellite dish antenna, is installed in accordance with the requirements of this section, an administrative variation may be granted by the Zoning Administrator if the owner or permit applicant provides information sufficient to show that such signals cannot be reasonably received. The Zoning Administrator shall evaluate the information provided and shall determine an appropriate alternative location, height, or size of antenna, and shall grant a permit that shall include the specific criteria allowed for reasonable reception.

(Ord. 08-1, passed 5-13-08)

Cross reference— Penalty, see § 156.999

(A)

Access to public street. Every principal building hereinafter erected shall be on a lot which adjoins a public street or a permanent easement of access to a public street. Where a lot with a business zoning classification is a through lot or a corner lot, and where access from one of the streets would allow ingress and egress into a residential district, said access into the residential district shall be prohibited.

(B)

Access to arterial street. A permit from the appropriate jurisdiction controlling an arterial street or a major collector street, as designated in the city's comprehensive plan, shall be required for any driveway or access road leading onto or from such arterial or major collector street, and a copy of such permit shall be provided to the city's Director of Community and Economic Development as part of any application for a building permit or zoning relief for which the plans include such a new driveway or access road.

(Ord. 07-13, passed 10-9-07; Am. Ord. 22-24, passed 8-23-22)

Cross reference— Penalty, see § 156.999

(A)

Scope of regulations. The provisions of this section shall apply to the following:

(1)

New construction (attached single-family, multiple-family, and business districts only).

(2)

(Reserved).

(3)

Remodeling that exceeds 50% of the assessed value of a property located in the B-1 Professional Office District, B-2 Professional Office District, B-3 General Retail District, B-4 Business Park District and B-5 Entertainment District, to the extent that parking variations will not be required.

(4)

When screening and/or buffering is required under this chapter.

(B)

Definition of terms. In addition to other definitions established in this chapter that are not in conflict with the definitions established in this division (B), the following definitions are applicable to the provisions of this section:

(1)

ANNUAL. A plant which completes its life cycle in one year.

(2)

BERM. An earthen mound designed to provide screening or a buffer.

(3)

BREAST HEIGHT. The location on the outside of the bark of a tree where the measurement of the tree's diameter is taken, usually four and one-half feet above the ground on the uphill side of the tree.

(4)

BUFFER. A combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen inconsistent land uses.

(5)

DECIDUOUS. A plant with foliage that is shed annually.

(6)

EVERGREEN. A plant with foliage that persists and remains green throughout the year.

(7)

GROUND COVER. A plant that grows near the ground densely and spreads. Generally an herbaceous perennial, sometimes a woody shrub or vine.

(8)

LANDSCAPE ARCHITECT. A person who, based on education, experience, or both in the field of landscape architecture, is eligible to register and has obtained a certificate to practice landscape architecture under the Illinois Landscape Architecture Act of 1989, as amended (ILCS Ch. 225, Act 315, §§ 1 et seq.).

(9)

LANDSCAPE DESIGNER. An individual with experience in landscape design.

(10)

LANDSCAPE SCREEN/BUFFER, FULL. The minimum required landscape area between inconsistent land uses.

(11)

LANDSCAPE SCREEN/BUFFER, PARTIAL. Selective landscape screening between compatible land uses.

(12)

LANDSCAPE YARD. The yard required to be landscaped for the purpose of screening and buffering a development site.

(13)

NATIVE PLANT. A plant which is known to have originated in and is characteristic of Illinois.

(14)

ORNAMENTAL GRASSES. A group of perennial plants that include true grasses (of the families Proacea and Graminea), sedges (of the family Cyperaceae) and rushes (of the family Juncaceae, including the Juncus and Luzula cultivars). Such grasses are generally planted in groups and may range in size from several inches in height to in excess of six feet. In contrast to turf grasses, which require regular cutting during the growing season, ornamental grasses are typically cut back only once per year, generally in late winter.

(15)

ORNAMENTAL TREE. A deciduous tree planted primarily for its ornamental value or for screening. May be any size at maturity but will tend to be smaller than a shade tree.

(16)

PARKWAY. That area of land between the property line abutting any public right-of-way, highway or street, and the back of curb, edge of pavement, whether concrete or asphalt, or other improved roadway surface.

(17)

PLANT PRESERVATION CREDIT. Credit given for the preservation of existing vegetation meeting the functional requirements of this section, in lieu of required new landscaping.

(18)

SCREEN. A method of buffering from or reducing the impact of visual intrusions through the use of plant materials, berms, fences and/or walls or any combination thereof.

(19)

SHADE TREE. A tree planted primarily for its high crown of foliage or overhead canopy.

(20)

SHRUB. A woody plant, smaller than a tree, which consists of a number of small stems from the ground or small branches near the ground. May be deciduous or evergreen.

(21)

SHRUB, LOW. Any shrub which attains a mature height of four feet or less when left unpruned.

(22)

SHRUB, TALL. Any shrub which attains a mature height of greater than four feet when left unpruned.

(23)

TREE. A large, woody plant having one or several self-supporting stems or trunks and numerous branches. May be deciduous or evergreen.

(24)

TURFGRASS. Grasses planted, by seeding or sodding, to establish a lawn that is usually maintained by mowing during the growing season.

(C)

Approval process. When a landscape plan is required, the plan shall be submitted to the Director of Community and Economic Development with applications for building permits. The Director of Community and Economic Development will review the plans for compliance no later than 15 working days after receipt of the plans.

(D)

Plan preparation. All landscape plans required by this section shall be prepared and signed by a professional landscape architect or landscape designer.

(E)

Submittal requirements. The submittal package for a landscape plan shall include planting and site information. The landscape plan may be submitted on a separate sheet or superimposed on a single sheet with the site plan. The submittal package must include the following information:

(1)

Site elements.

(a)

Title block including the name of the project, designer's name, scale of the plan (no smaller than 1" = 50' for plans with trees only; and no smaller than 1" = 20' for plans with shrubs and smaller plants), north arrow and date of the plan.

(b)

Property lines, with dimensions.

(c)

Name, location, right-of-way and paving widths of all abutting streets.

(d)

Zoning and use of all abutting properties.

(e)

Natural features such as ponds, lakes and streams; delineation of 100-year floodplain and wetland boundaries in accordance with Chapter 152 of this Code.

(f)

Existing and proposed stormwater management ponds and areas.

(g)

Required landscape yard width and width of landscape yard provided.

(h)

Location, height, dimensions and use of all existing and proposed buildings and other structures, including parking lots, sidewalks and other paved areas; fences and walls; recreational equipment and underground and overhead utility lines in areas where landscaping is proposed. Existing utility lines shall be permitted to remain in such areas.

(i)

Approved grading plan at one foot contour interval, with all slopes labeled.

(2)

Planting elements.

(a)

Location, general type and quality of existing vegetation, specimen trees and natural areas.

(b)

For plant preservation credits, existing vegetation areas to be saved, including accurate locations noted and a list of typical species. Note methods and details for protection of existing vegetation during construction. Plant preservation credits may be applied when plants in the required landscape yards are retained to perform required screening and buffering. The landscape requirements of this section may be waived by the Director of Community and Economic Development to the extent that the existing plants meet the requirements for plant preservation credits.

1.

Each tree or mass of trees and shrubs preserved in the areas of a required landscape yard shall meet the following requirements:

A.

The tree or masses of trees and shrubs shall be alive and in a healthy condition, and shall not be of prohibited species.

B.

Trees that are three inches to five inches in diameter, measured at breast height, shall receive 100 landscape points.

C.

Trees that are six inches to eight inches in diameter, measured at breast height, shall receive 150 landscape points.

D.

Trees that are nine inches to 11 inches in diameter, measured at breast height, shall receive 200 landscape points.

E.

Trees that are 12 inches or larger in diameter, measured at breast height, shall receive 300 landscape points.

F.

Masses of trees less than three inches in diameter, measured at breast height, and masses of shrubs in landscape yards, may receive up to 100% of the points required for that portion of the landscape yard.

2.

As a condition of being granted plant preservation credits, all plants to be preserved shall be protected during construction.

(c)

Location of all proposed landscaping improvements, including all areas proposed to be seeded and/or sodded.

(d)

Plant list or schedule, including key symbols, quantity, correct botanical and common names and size of all proposed plants.

1.

Plant names used shall be identified in accordance with standard horticultural practices and criteria.

2.

All plant sizes and conditions listed shall conform to the "American Standards For Nursery Stock," as published by the American Association of Nurserymen, latest edition.

(e)

Location and description of other improvements, such as earth berms, walls, fences, screens, sculptures, fountains, lawn furniture, ornamental decorations, signs, lighting and paved areas.

(f)

Planting installation detail as necessary to ensure conformance with the "American Standards For Nursery Stock," as published by the American Association of Nurserymen, latest edition, and other standards as specified in this section.

(g)

General and specific notes to indicate or explain the design and construction procedures to be used.

(F)

Landscape standards.

(1)

Appropriateness. The landscape plan shall consider the type of use proposed for the development, and shall use plants which will integrate the development site into the surrounding area. Except for new construction of any detached single-family residence or construction of any addition to an existing detached single family residence that enlarges such residence by more than 50% of its existing floor area in the R-1 Single-Family Detached Zoning District, where screening is not required, the type and extent of screening and buffering required will be determined pursuant to division (H) of this section.

(2)

Screening. Materials may consist of evergreen trees and shrubs; ornamental trees and deciduous shrubs with dense branching; shade trees; and fences, walls and berms. Planted screens shall be arranged in clusters of plants to create optimum screening according to site conditions.

(3)

Fences and walls. Long stretches of a single wall or fence shall not be continued to the point of visual monotony, but shall be varied by using changes in height, different material combinations, offset angles or other types of articulation in combination with landscaping.

(4)

Berms. Screening may be accomplished with the use of berms in combination with plants. Slopes shall not exceed 4:1. Berms shall be designed with gently curving slopes so that they are not susceptible to erosion. Staggering berms shall be encouraged to allow for drainage without providing a drainage barrier, and to provide visual variety. Ground cover plants may be used to reduce mowing on berms.

(G)

Plant material standards.

(1)

All plants shall conform to the "American Standards for Nursery Stock," latest edition, and shall be installed according to the current standards of the American Association of Nurserymen.

(2)

Plant availability and hardiness. All plants used in landscape plans shall be readily available and shall be proven to be reliably hardy in USDA Zone 5A.

(3)

Deciduous trees shall be fully branched, have a minimum caliper of three inches for nonresidential development and two and one-half inches for residential development, as measured at breast height. Specimens shall be properly pruned to maintain a natural form.

(4)

Evergreen trees shall be a minimum of six feet in height and fully branched to the ground.

(5)

Shrubs shall be supplied in one gallon or larger containers or balled and burlapped.

(6)

Ground cover plants shall be planted so that an effective covering is obtained within two growing seasons.

(7)

No obstruction which exceeds 18 inches above street level shall be permitted in that portion of a yard within 25 feet of the corner formed by the intersection of any two street right-of-way lines or by the intersection of any street with any access driveway (both sides of such access driveway). Such prohibited obstructions include, but are not limited to, buildings, fences and walls, loading and open storage, plant material, play equipment, signs, rocks, boulders, parking, and other structures; provided that, notwithstanding the restrictions set forth herein, existing vegetation shall be allowed to remain unless it creates a hazard to pedestrian or vehicular traffic as determined by the Director of Community and Economic Development in consultation with the Chief of Police, the Public Services Director and other consultants as deemed necessary and appropriate.

(8)

Plant materials, including deciduous and evergreen trees, shall not cause a hazard. Landscape plant material overhanging walks, pedestrian or bicycle paths and seating areas shall be pruned to a minimum height of eight feet; to a minimum height of 15 feet over streets and highways; and to a minimum height of 12 feet above parking lot aisles and spaces.

(9)

Landscape plant materials shall be selected which do not generally interfere with utilities above or below ground level at maturity.

(10)

Parking lot clearance. No shrub or tree shall be planted closer than two feet from any curb face.

(11)

Planting space required. Trees planted in cutouts, in walks or in pedestrian areas shall have a minimum area of open soil of four feet by four feet, or a circle of open soil with a minimum diameter of five feet, and all landscape plant materials beyond the open soil area shall be protected from damage due to pedestrian or vehicular traffic by the use of tree grates, pavers, curbs or edging beyond the open soil area, which do not pose any unreasonable hazard to pedestrians or vehicles.

(12)

Landscape plant materials shall be properly guyed and staked in accordance with current industry standards, where necessary. Stakes and guy wires shall be placed so as not to interfere with vehicular or pedestrian traffic.

(13)

Appropriate methods of care and maintenance of the landscaping materials shall be provided by the owner of the property.

(H)

Landscape yards. Except for driveway or sidewalk openings and except for the exempted area provided for in division (G)(7) of this section, a continuous perimeter landscape yard shall be provided for the purpose of screening and buffering with landscaping as provided in this division.

(1)

Landscape yard screen/buffers. Except for lots on which a single building is used for both residential and nonresidential uses, as provided in § 156.077(B)(5), a 12 foot wide landscaped yard shall be provided, with a full screen/buffer alongside and/or rear lot lines when a nonresidential use is adjacent to any residential use, or when a multiple-family use is adjacent to a detached or attached single-family use.

(2)

Landscaping screen/buffer required. A landscape screen/buffer shall be provided for all landscape yards, and may include plant materials, fences, walls and berms; provided that no credit toward the required landscape points shall be given for solid walls or fences or berms less than two and one-half feet in height. The type and number of plants and other features required shall be determined using the following information:

Number of points required for:

A full landscape screen/buffer:

Example: Landscape yard = 100'

Points required = Half the length x 10, or 50' x 10 - 500 points

If the required amount of landscaping points is unable to be met, the City of Oakbrook Terrace may accept a monetary contribution of $ 10.00 per landscaping point in lieu of the required amount of landscaping points for landscaping elsewhere in the City of Oakbrook Terrace.

(3)

Perimeter side and rear yard where landscaping screen/buffer not required. Where no landscaping screen/buffer is required, the side and/or rear yard adjacent to a parking lot shall be, at a minimum, sodded, seeded, or planted with another comparable ground cover.

(4)

Number of plants required. Trees and shrubs shall generally have the following point values:

(a)

Low shrubs (minimum 24" in height at installation): 10 points;

(b)

Tall shrubs (minimum 36" in height at installation): 15 points;

(c)

Ornamental trees: 50 points;

(d)

Evergreen trees: 60 points; and

(e)

Shade trees: 100 points.

(5)

Continuous or staggered berms of more than five feet in height, which function as screening, may contribute up to 50% of the total landscape points for that portion of a landscape yard. Berm heights of at least two and one-half feet will obtain a credit based on the following:

Berm height x 0.10 = % of points credited (.5' increments)

Example: Landscape yard = 100 feet

100' long berm x 2.5' high x 0.10 = 25% of points credited

(6)

The proposed landscaping must function so that maximum effective screening is provided. Both overhead and lower screening and buffering shall be required in order to meet these requirements, unless the Director of Community and Economic Development determines that overhead screening and buffering would unreasonably interfere with overhead utilities. Plant selection should include a variety of plant types. Fences, walls or berms shall be used to increase effective screening, but fences and solid walls shall not provide landscape credits. Trees and shrubs should be used on berms and in front of fences and walls.

Example: 500 landscape points required:

200 points - two shade trees

100 points - two ornamental trees

180 points - three evergreen trees

20 points - two low shrubs

(7)

Additional landscape screening/buffering may be required when a use occurs which may have a high impact on adjacent development, as determined by the Director of Community and Economic Development. A high impact use is one which is expected to have a strong effect on adjacent properties, due to one or more of the following:

(a)

Noise;

(b)

Outdoor loading spaces;

(c)

Exterior storage, attractive nuisances and objectionable views;

(d)

Dust, fumes, odors and vibration;

(e)

Litter;

(f)

Bright lighting during the evening or at night or headlights from vehicles using the development at night;

(g)

Height of structures above the maximum permitted building height for the specific zoning district, or adjacent to development in a different zoning district or a zoning district with a lower maximum permitted building height; or

(h)

Safety and liability concerns.

(I)

Parking lot requirements. The following requirements apply to all parking lot landscaping:

(1)

Interior parking lot landscaping. Interior parking lot landscaping shall be required based on total lot area, minus area of the footprint of the building, minus the area of the required yards. If such calculation results in a remaining area of 10,000 square feet or greater, the parking lot must be landscaped as follows:

(a)

Area required. Not less than 5% of the interior of a parking lot shall be devoted to landscaping. Landscaping areas located along the perimeter of a parking lot, as required by division (I)(2) of this section, and foundation landscaping areas shall not be included toward satisfying the interior parking lot landscaping requirements.

(b)

Landscaping required. The required interior parking lot landscaping areas shall be as follows:

1.

Planting islands shall be dispersed throughout the parking lot in a design and configuration satisfactory to the Director of Community and Economic Development.

2.

Planting islands shall be a minimum of 120 square feet in area and a minimum of seven feet in width, as measured from back of curb to back of curb.

3.

Plant material shall include shade tree species, and although ornamental trees, shrubbery, hedges and other plant materials may be used to supplement shade tree plantings, such plantings shall not be the sole contribution to such landscaping. A minimum of one shade tree shall be provided for every 120 square feet of landscaping area, and a minimum of 50% of every interior parking lot landscaping area shall be improved with approved ground cover, as determined by the Director of Community and Economic Development.

(c)

Exception. In the event that the Director of Community and Economic Development determines that the site geometry of the proposed parking lot does not allow strict adherence to the above requirements, the Director of Community and Economic Development may allow and require landscaped islands for at least 10% of the parking lot area using alternate schemes.

(2)

Perimeter parking lot landscaping. Perimeter parking lot landscaping shall be required for all parking lots as follows:

(a)

Where a parking lot is located within a required yard, or within 20 feet of a lot line, perimeter landscaping shall be required along the corresponding edge of the parking lot. Where required, perimeter landscaping shall be provided within landscape areas five feet in width, as measured from back of curb, excluding any parking space overhang area.

(b)

Where a parking lot is located across a dedicated public right-of-way from property zoned or used for residential use, the following perimeter landscaping requirements shall be applicable:

1.

Continuous landscaping of evergreen or dense deciduous shrubs shall be provided across 100% of the street frontage to a minimum height of four feet. The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet. In addition, shade or ornamental trees shall be provided within such landscape area, and the number of trees shall be not less than one tree per 50 feet of frontage, with the number of trees required, rounded to the nearest whole number. Additional plantings may be provided, subject to the approval of the Director of Community and Economic Development.

2.

Except where occupied by planting beds, all landscaping areas located in front yards shall be sodded or planted with another comparable ground cover as determined appropriate by the Director of Community and Economic Development.

(c)

Where a parking lot is located across a dedicated public right-of-way from property zoned or used for non-residential use, the following perimeter landscaping requirements shall be applicable:

1.

Landscaping of evergreen or dense deciduous shrubs shall be provided across 50% of the street frontage to a minimum height of four feet. The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet. Additional plantings may be provided, subject to the approval of the Director of Community and Economic Development.

2.

Except where occupied by planting beds, all landscaping areas located in front yards shall be sodded or planted with another comparable ground cover, as determined by the Director of Community and Economic Development.

(d)

For rear and side yards, where a parking lot abuts property zoned and used for non-residential uses, landscaping shall be provided across 50% of that portion of the parking lot abutting the property line to a minimum height of four feet. The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet. Such plantings shall be concentrated into shrub masses, typically containing seven to nine shrubs per shrub mass. Additional plantings may be provided, subject to the approval of the Director of Community and Economic Development. Except where occupied by planting beds, all side and rear yard perimeter parking lot landscaping shall be sodded, seeded or planted with another comparable ground cover, as determined by the Director of Community and Economic Development.

(J)

Prohibited vegetation.

(1)

Trees.

(2)

Shrubs and herbaceous plants.

(3)

Other invasive species. The following additional invasive species shall be prohibited and, if existing, shall be removed:

(Ord. 08-1, passed 5-13-08; Am. Ord. 08-13, passed 8-12-08; Am. Ord. 08-38, passed 11-11-08; Am. Ord. 15-19, passed 3-10-15; Am. Ord. 19-9, passed 3-12-19; Am. Ord. 20-29, passed 8-11-20; Am. Ord. 22-24, passed 8-23-22)

(A)

Permit required; fee. No person shall conduct a temporary use without first having obtained a permit from the Director of Community and Economic Development. Application for such permit shall be made on a form provided by the city. The fee for such a permit shall be $50 per application.

(B)

Term. Except for temporary use, permits for transient merchant sales as defined in this chapter within a hotel, theater or banquet facility, seasonal outdoor garden sales as defined in this chapter, and season open sales lots as described in § 110.05 of this code, a temporary use permit shall be issued to any one applicant only for one term of no more than 20 consecutive days in a calendar year, or for no more than two terms of ten consecutive days each in a calendar year. The following terms shall apply for transient merchant sales within a hotel, theater or banquet facility, seasonal outdoor garden sales and seasonal open sales lots:

(1)

Seasonal outdoor garden sales. A temporary use permit for seasonal outdoor garden sales shall be valid for no more than 30 consecutive days, and no more than two such temporary use permits may be granted to any applicant in a calendar year.

(2)

Seasonal open sales lot. A temporary use permit for a seasonal open sales lot shall be valid for no more than eight consecutive weeks.

(3)

Transient merchant sales. A transient merchant sale is the sale of goods, wares, merchandise or services by a merchant that is selling the goods, wares, merchandise or services from a table, booth or similar enclosure within a hotel, theater or banquet facility for a period of short duration not to exceed five consecutive days. Any hotel, theater or banquet facility desiring to conduct a transient merchant sale shall first secure a temporary use permit. A temporary use permit for transient merchant sales shall be valid for a period of one calendar year.

(C)

Standards. The following standards shall be applicable to the issuance of a temporary use permit:

(1)

The temporary use shall comply with all codes and ordinances of the city except for such codes and ordinances which would effectively prohibit the use under this code;

(2)

The temporary use will not create an unreasonable danger of nuisance to the neighborhood in which it is located, or create a danger of substantial breach of the peace, riot, or similar disorder;

(3)

The temporary use will not be conducted for an unlawful purpose;

(4)

The temporary use will not interfere with the safe and orderly movement of traffic and persons in the public rights-of-way, or in the case of seasonal outdoor garden sales, with the safe and orderly movement of traffic and persons on private property adjacent to the location of the sale;

(5)

The temporary use will not create a hazard to the health or safety of the residents of the city, or to the health of domestic or wild plants and animals in the city;

(6)

The temporary use will have adequate parking spaces available to serve the proposed temporary use and all other uses on the site;

(7)

Except for seasonal open sales lots, as described in § 110.05 of this code, a temporary use shall not be permitted on any vacant or abandoned lot; and any temporary use shall be an activity accessory to and consistent with the principal use of the property;

(8)

If the temporary use is conducted in or on a temporary structure such as a tent, awning, spectator stand or seating, shed, trailer or some other similar structure, such temporary structure shall comply with all applicable building and health and safety codes and ordinances of the city, and shall be subject to inspection by the city's code enforcement officials. At the end of the term of the temporary use permit, such temporary structure shall be removed; and

(9)

A temporary use may be conducted only in a business zoning district or on a lot occupied by nonresidential use in a residential zoning district. In the B-l Professional Office District and B-2 Professional Office District, a temporary use may only be conducted in conjunction with a retail use.

(Ord. 08-1, passed 5-13-08; Am. Ord. 09-18, passed 10-27-09; Am. Ord. 12-15, passed 3-27-12; Am. Ord. 22-24, passed 8-23-22)

(A)

Purpose and intent. The purpose and intent of this section is to establish guidelines for the construction and placement of above ground service facilities in the city; to encourage the location of above ground service facilities in non-residential areas and minimize the total number of above ground service facilities throughout the city; encourage users of above ground service facilities to locate them, to the greatest extent possible, in areas where the adverse impact is minimal; to encourage users of above ground service facilities to configure them in a manner that minimizes the adverse visual impact; and to provide the owners of above ground service facilities the ability to provide such services to the city.

(B)

Applicability. No above ground service facility shall be erected or installed except in compliance with the provisions of this section. Above ground service facilities located on property owned, leased or otherwise controlled by the city shall be exempt from the requirements of this section; provided that a lease, franchise, license or other written agreement is entered to authorize such above ground service facilities. Where conflicts exist between this section and the remaining of this chapter, the provisions of this section shall govern.

(C)

Building permit requirements. A building permit shall be required prior to the installation of any above ground service facility. Applications for a building permit for an above ground service facility shall include, in addition to other requirements under Chapter 150 of this Code, the following documents:

(1)

A spotted survey, drawn to scale, of the lot upon which the above ground service facility is to be constructed, showing thereon all existing buildings and structures; the location, size and type of easements on the property, and the proposed location of the above ground service facility, including written dimensions of the distances between the above ground service facility and the lot lines and structures on the lot.

(2)

Plans and specifications for the installation of the above ground service facility, including engineering plans, electrical plans, structural elevations and plans for concrete pad construction, including any required footings.

(3)

Landscape plan, including details and elevations of required screening, in accordance with division (F) of this section.

(4)

Information concerning the size of the proposed above ground service facility, its proximity to residential district boundaries, the nature of uses on adjacent properties, surrounding topography, design elements that would have the effect of reducing or eliminating visual impact.

(D)

Location restrictions. The following restrictions on the location of above ground service facilities shall apply:

(1)

Location in yards. Above ground service facilities may be located in required side or rear yards in all zoning districts; provided that they shall be located a minimum of three feet from any side lot line and five feet from any rear lot line.

Above ground service facilities may be located in required front yards in all zoning districts on any lot used for nonresidential purposes; provided that a special use shall be required as provided in division (H) of this section, and further provided that above ground service facilities shall be located a minimum of five feet from any front lot line. Above ground service facilities are prohibited in the front yard of any lot used exclusively for residential purposes.

(2)

Location related to adjacent uses. Above ground service facilities located on a lot with a nonresidential use shall not be constructed in a required yard that abuts a residential use. Above ground service facilities located on a lot with a multiple-family residential use shall not be constructed in a required yard that abuts a single-family residential use.

(3)

Location on easements and stormwater facilities or spillways. Above ground service facilities shall not be located on any easement without the express written permission of all parties to whom the easement is granted, and documentation of such consent shall be submitted to the Director of Community and Economic Development with the application for a building permit. Above ground service facilities shall not be located in stormwater detention facilities or over spillways.

(4)

Location in buildable area. Above ground service facilities shall not be located in the buildable area between the principal structure and the front yard line on a lot with a residential use. Above ground service facilities shall not be located in the buildable area between the principal structure and the front yard line on a lot with a nonresidential use, unless a special use is granted in accordance with division (H) of this section, and the above ground service facility is screened in accordance with division (F) of this section.

(5)

Location in relation to other above ground service facilities. No above ground service facility shall be located within a radius of 250 feet of any existing or approved above ground service facility. The Director of Community and Economic Development may administratively waive this restriction if it is determined, after consultation with an independent technical expert as provided in division (I) of this section, that no other site or current technology could be used to provide the intended services to the city and requiring compliance with the separation requirement would create a gap in the ability to provide the intended services to the city.

(6)

Location as to bulk regulations. For purposes of determining whether the installation of an above ground service facility complies with the bulk regulations for the zoning district in which it is located, including, but not limited to, yard, lot size and lot coverage requirements, the dimension of the entire zoning lot shall control, even though the above ground service facility may be located on leased property within such zoning lot.

(E)

Other restrictions. The following additional restrictions shall apply to above ground service facilities:

(1)

Number of above ground service facilities. Only one above ground service facility shall be located on any zoning lot.

(2)

Maximum height and size of above ground service facilities. Above ground service facilities shall be no more than six feet in height, and no more than six feet in any one dimension, with a footprint no greater than 36 square feet.

(3)

Signage. No signage, advertising or information shall be allowed on or above any above ground service facility, except for lettering that is no more than four inches by six inches to identify the service entity.

(4)

Lighting. No visible or audible signals, lights or other illumination shall be permitted on an above ground service facility.

(5)

Colors and compatibility with buildings and structures. All above ground service facilities shall be of earth tone colors, and shall be maintained in good condition, including, but not limited to, being maintained free of any peeling paint, rust and graffiti. When included as part of an existing building or structure, such facilities shall be of a material or color which matches the exterior of the building or structure and shall be located or screened in an aesthetically acceptable manner so as not to be visible from the adjacent properties or rights-of-way. The determination as to whether any such facility meets this standard shall be made by the Director of Community and Economic Development.

(6)

Abandonment. In the event that the use of any above ground service facility has been discontinued for a period of 180 consecutive days, the above ground service facility shall be deemed abandoned. Determination of the date of abandonment shall be made by the Director of Community and Economic Development, who shall have the right to request documentation from the service entity regarding the use of the above ground service facility. Upon the Director of Community and Economic Development's determination and written notification to the service entity of such abandonment, the service entity shall either reactivate the use of the above ground service facility, transfer the use of such above ground service facility to another service entity that makes actual use of the facility, or dismantle and remove the above ground service facility and notify the Director of Community and Economic Development thereof in writing, within 90 days after such notice.

(7)

Storage on site. No storage of any mobile or immobile equipment not used in direct support of an above ground service facility shall be permitted on the site of such facility, except while repairs are being made to such facility.

(8)

Backup generators on site. Backup generators for any above ground service facility shall only be operated during power outages and for testing and maintenance purposes, and noise attenuation measures shall be included to reduce noise levels. Testing and maintenance operations shall take place only between the hours of 7:00 a.m. and 6:00 p.m.

(F)

Landscaping and screening. The following landscaping and screening shall be required for all above ground service facilities:

(1)

Wall or fence. On lots with multiple-family uses, an above ground service facility shall be enclosed with a masonry wall or solid fence. Fences shall be constructed of commercial grade wood or comparable weather proof and wind resistant materials.

(2)

Screening. Above ground service facilities that exceed six feet in height by special use, as provided in division (H) of this section, shall be completely enclosed with sight-proof metal screening with an even, finished appearance free of projections and protrusions, or within a completely enclosed building of a design, color and materials that are compatible with the principal structure. The design, construction materials and color of all screening shall be subject to the approval of the Director of Community and Economic Development.

(3)

Landscaping. In addition to the screening required hereunder, landscaping shall be provided, which shall consist, at a minimum, of large shrubs planted three feet apart around the perimeter of the above ground service facility and the screening; provided that if the above ground service facility exceeds six feet in height by variation, the required landscaping shall consist of evergreen shrubs or trees that are a minimum of eight feet in height and spaced four feet apart.

(4)

Maintenance of landscaping. All landscaping shall be given appropriate care and maintenance to keep the trees and plantings alive and in good condition at all times. Diseased or dead plant material shall be replaced, including, but not limited to, replacement of all trees or plantings that are not in a vigorous condition after one growing season at the beginning of the next growing season.

(G)

Administrative procedures. The following administrative procedures shall apply to the permitting of above ground service facilities:

(1)

Administrative approvals. The Director of Community and Economic Development may administratively approve any above ground service facility that meets the location and screening requirements of this section and building permit requirements, and does not violate any other restrictions hereof.

(a)

The Director of Community and Economic Development shall approve, approve with such conditions as may be deemed necessary to minimize the adverse impact of the use on surrounding properties, request additional information, or deny each application for an above ground service facility within 30 days after receiving it. If the Director of Community and Economic Development does not respond to any application within such 30 days, or such additional time as is reasonably necessary to obtain additional information from the applicant and review it, the application shall be deemed to be denied without any writing as required in division (G)(1)(b) hereof.

(b)

Any denial of administrative approval, other than denial by operation of law through any inaction of the Director of Community and Economic Development as provided in division (G)(1)(a) hereof, shall be in writing and shall state the basis for such denial. If an administrative approval is denied, the applicant may appeal such denial in accordance with the provisions of § 156.026 concerning appeals of administrative decisions.

(H)

Special use. An application for a special use may be made in accordance with §§ 156.021 and 156.024 if administrative approval cannot be granted because an above ground service facility does not meet the requirements of this section, as follows:

(1)

Application. The information required for a building permit in division (C) of this section shall be provided as part of the application for a special use for an above ground service facility.

(2)

Standards. In considering an application for a special use, the Planning and Zoning Commission and City Council shall consider the standards for a special use as provided in § 156.024, and shall also consider the following:

(a)

The size of the proposed facility;

(b)

The proximity of the proposed facility to residential district boundaries;

(c)

The nature of the uses on adjacent properties;

(d)

The surrounding topography;

(e)

The nature of the proposed screening and landscaping; and

(f)

The design of the proposed facility, with particular reference to design characteristics that will have the effect of reducing or eliminating visual impact.

(3)

Notwithstanding a finding that the above ground service facility does not meet the requirements of this section, a special use may be recommended by the Planning and Zoning Commission and approved by the City Council based on the foregoing standards and considerations. In recommending and approving such a special use, the Planning and Zoning Commission and the City Council may, respectively, impose reasonable conditions as they may deem necessary to minimize the adverse impact of the use on surrounding properties.

(I)

Independent technical expert. The Director of Community and Economic Development is explicitly authorized to employ an independent technical expert to review any technical materials submitted with respect to any application for a permit or a special use for any above ground service facility, including, but not limited to those required pursuant to the requirements of this section. The service entity making application shall pay all reasonable costs for such review, including administrative costs incurred by the city, and such costs shall be deemed reasonable if they are consistent with the hourly rates customarily charged by technical experts within the engineering industry in the Chicagoland area. Any confidential or proprietary information submitted by the service entity, which would be protected under the Illinois Freedom of Information Act (ILCS Ch. 5, Act 140, §§ 1, et seq.) shall remain confidential and shall be deemed exempt from disclosure under the Illinois Freedom of Information Act.

(J)

As-built plan. Upon completion of the construction and placement of an above ground service facility, an as-built plan shall be submitted to the Director of Community and Economic Development, meeting the same requirements as for the spotted survey as provided in division (C)(1) of this section to depict the lot and all improvements, including the above ground service facility as constructed.

(Ord. 07-38, passed 2-26-08; Am. Ord. 22-24, passed 8-23-22)

(A)

Purpose; intent. The purpose of this section is to preserve and improve the roadside appearance along primary highways in the city through the control of outdoor advertising signs along certain primary highways and the prohibition of outdoor advertising signs on all other primary highways and other highways. These regulations are intended to minimize visual distractions to motorists, maintain roadside views of the surrounding area to enhance the attractiveness of the area for residents and visitors, protect property values, protect the public investment in highways, and promote the overall economic welfare of the city. These regulations are intended to provide the procedures for the registration of highway advertising signs, permit application, approval and revocation of highway advertising sign special use permits and multiple message sign supplemental permits and for the erection and maintenance of highway advertising signs along certain primary highways within the city.

(B)

Authority. This section is adopted under the authority granted by Article VII, Section 6, of the 1970 Illinois Constitution pertaining to the city's government and affairs, by the Illinois Municipal Code (ILCS Ch. 65, Act 5, §§ 1-1-1 et seq.) to adopt necessary ordinances to protect the health, safety, and general welfare of the citizens of the city and by § 7 of the Highway Advertising Control Act of 1971 (ILCS Ch. 225, Act 440, § 7) to adopt ordinances regulating the size, lighting and spacing of signs consistent with the intent of the Highway Advertising Control Act.

(C)

Jurisdiction. This section applies to the incorporated area of the city.

(D)

Applicability. This section applies along all existing and future interstate and primary highways in the city and shall affect all highway advertising signs intended to be seen from the main-traveled way of any primary highway or interstate highway.

(E)

Definitions. For purposes of this section, certain words or terms are herein defined. Words or terms not specifically defined shall be interpreted by common usage or meaning.

CENTERMOUNT. A monopole sign structure in which the upright supporting column is affixed to the center of the display panel.

CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGN (CEVMS). Any sign having the capability to display a message by manipulation of light projected onto a screen or otherwise produced within the screen. CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS include signs using light emitting diode (LED) technology, liquid crystal display (LCD) technology, plasma technology, computerized, electronic or digital technology or any industry equivalent that produces the same or similar result as these technologies.

CITY. The City of Oakbrook Terrace, Illinois.

CODE. The Code of Oakbrook Terrace, Illinois.

DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT. The City of Oakbrook Terrace, Illinois' Director of Community and Economic Development or the Director of Community and Economic Development's designee.

DISPLAY PANEL. The surface of a highway advertising sign where copy, messages, or advertisements are attached for display to the public, including any parts of the sign structure upon which such information is located.

DOUBLE-FACED SIGN. A sign structure containing two display panels placed back-to-back with a distance between the backs of the display panels of not greater than 15 feet.

ERECT. To construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish; but does not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a display panel or sign structure. As examples, replacing more than 50% of the uprights, in whole or in part; or extending the sign structure height above ground; or similar activities which substantially change a sign structure such as anything which makes a highway advertising sign more valuable; adding lighting; or making the highway advertising sign bigger, are not considered normal maintenance or repair.

FLAGMOUNT. A monopole sign structure in which the upright supporting column is affixed to the left or right of center of the display panel.

HIGHWAY. Any highway, other than a primary highway or an interstate highway.

HIGHWAY ADVERTISING SIGN. A sign having a gross surface area in excess of 200 square feet of which any part of the existing or intended advertising or informative contents is or will be visible from any place on the main-traveled way of any portion of a primary highway or an interstate highway and erected with purpose of its message being read from such main-traveled way.

ILLEGAL SIGNS. Signs not in compliance with this chapter.

INTERSTATE HIGHWAY. Any highway, including a tollway, designated by the Illinois Department of Transportation and approved by the United States Department of Transportation as a part of the National System of Interstate and Defense Highways. A highway becomes a part of the National System of Primary and Defense highways upon the date of approval of the route location decision and the approval of the addition of the highway to the National System of Interstate and Defense Highways by the Governor and the United States Department of Transportation.

MAIN-TRAVELED WAY. The traveled way (i.e., pavement) of a primary highway or an interstate highway on which through-traffic is earned. It does not include such facilities as frontage roads, turning roadways, or parking areas.

MAINTAIN. To allow to exist and includes the periodic changing of advertising messages, customary maintenance and repair of the display panels and sign structure.

MONOPOLE SIGN STRUCTURE. A sign structure that has a single upright supporting column which is affixed to and supports the display panel(s).

MULTIPLE MESSAGE SIGN. A highway advertising sign that displays a series of message changes, regardless of the technology used, including, but not limited to, changeable electronic variable message signs and tri-vision signs.

NITS. A measure of brightness equal to a Candela per meter squared.

NONCONFORMING SIGN AND/OR NONCONFORMING SIGN STRUCTURE. A registered sign and/or sign structure lawfully in existence as of the effective date of this chapter but which thereafter does not conform to the provisions of this chapter. The term also includes a lawful sign and/or sign structure rendered non-conforming by its subsequently becoming subject to the terms of this chapter.

PRIMARY HIGHWAY. Any highway, other than an interstate highway, designated by the Department and approved by the United States Department of Transportation as a part of the Federal Aid Primary System in existence on June 1, 1991, or any highway other than an interstate highway that is not on such system that is on the National Highway System.

RIGHT-OF-WAY. All property, whether it is presently being used for highway purposes or not, either under the jurisdiction of the Illinois Department of Transportation or owned in fee by the State of Illinois or dedicated to the people of the State of Illinois for highway purposes, for which the jurisdiction, maintenance, administration, engineering or improvement of any highway situated thereon has been contracted by the Illinois Department of Transportation to any other highway authority pursuant to § 4-409 of the Illinois Highway Code (ILCS Ch. 605, Act, 5, § 4-409).

SIGN. Any object, display, device, notice, figure, painting, drawing, message, placard, poster, billboard, or other thing or structure, or portion thereof, which is located outdoors and is used to advertise, identify, display, direct, or attract attention to an object, person, institution organization, business, product, service, event, or location through the use of words, letters, figures, designs, symbols, colors, or illumination.

SIGN STRUCTURE. The assembled components which make up a highway advertising sign, including, but not limited to, the upright monopole support column, braces, supports, struts, display panel(s), border and trim.

TRI-VISION SIGN. A sign that has rotating panels on which more than one advertising message may be contained.

VISIBLE. Capable of being seen (whether or not legible) without visual aid by persons of normal visual acuity.

V-TYPE SIGN. A sign structure containing two display panels constructed in the form of a "V" with an angle no greater than 45 degrees and at no point separated by a distance greater than 15 feet.

(F)

Highway advertising sign special use permit.

(1)

It is unlawful for any person to erect, repair alter, relocate or maintain within the city any highway advertising sign as defined in this section without first obtaining a highway advertising sign special use permit.

(2)

It is unlawful for any person to erect, repair alter, relocate or maintain within the city any multiple message sign as defined in this section without first obtaining a highway advertising sign special use permit with a multiple message sign supplemental permit.

(G)

Highway advertising sign standards. The following standards shall govern highway advertising signs:

(1)

Location.

(a)

Primary highways. Highway advertising signs may only be located, erected and maintained within the city adjacent to and outside of the west right-of-way of Illinois Route 83, a primary highway, but within 100 feet of the west right-of-way of Illinois Route 83 in a B-6 Cemetery District. Highway advertising signs may be erected and maintained as an accessory use notwithstanding that the highway advertising sign is not (1) customarily incidental to and commonly associated with a principal use; (2) operated and maintained under the same ownership provided that an appropriate lease or easement is secured from the property owner by the highway advertising sign owner; (3) on the same lot as the permitted use; (4) includes structures or structural features inconsistent with the permitted use; or (5) involves the conduct of a business, profession, trade or industry. Determination of the location where a highway advertising sign is allowed shall be from the outermost part of the sign structure on tire premises extended perpendicular to and measured along the nearest edge of the right-of-way of the primary highway, not from the property line, parking areas, driveways, or accessory buildings or structures.

(b)

All other highways. Highway advertising signs are prohibited at all other locations.

(2)

Spacing of highway advertising signs.

(a)

No highway advertising sign may be erected or maintained in such a manner as to obscure or otherwise physically interfere with an official traffic sign, signal or device or to obstruct or physically interfere with the driver's view of approaching, merging or intersecting traffic within 1,000 feet of such sign, signal, device or point of intersecting or merging traffic.

(b)

No highway advertising sign shall be located closer than 500 feet from any other highway advertising sign structure or location where another highway advertising sign has been permitted but not yet erected.

(c)

The spacing requirements described in this chapter shall be measured along the edge of the pavement on the same side of the primary highway between the points of each sign structure which lie closest to the primary highway pavement but in no event shall the distance between the highway advertising sign structures be less than the required spacing. Highway advertising signs visible from two or more primary highways must be considered in spacing measurements along all such primary highways.

(3)

Gross surface area. The maximum gross surface area of the display panel of any highway advertising sign shall be 700 square feet. The area shall be calculated by using the smallest rectangle which will encompass the entire display panel. Any extensions to the display panel advertising message or copy on the sign structure, including the name of the outdoor advertising company on the border or trim, shall be included as part of the display panel.

(4)

Sign structure height. The maximum height of the sign structure of a highway advertising sign shall be 50 feet and shall be measured as the vertical distance from the ground below the sign to the highest part of the sign structure. No highway advertising display panel shall be located less than ten feet above the surface of the primary highway.

(5)

Sign size.

(a)

The maximum vertical height of the display panel of a highway advertising sign display panel shall be 20 feet.

(b)

The maximum horizontal length of the display panel of a highway advertising sign display panel shall be 50 feet.

(6)

Separation from other uses. The minimum distance between highway advertising signs and existing churches, schools, or existing residences shall be no less than 500 feet.

(7)

Setback. All parts of each highway advertising sign shall be set back no less than 15 feet from any primary highway right-of-way line and no less than 15 feet from each property line.

(8)

General requirements.

(a)

Color of sign structure. The sign structure, including the back, shall be painted in a neutral uniform color to blend in with the background environment of the site.

(b)

Illumination. Highway advertising signs may be illuminated in accordance with the following requirements.

1.

Lighting shall be directed to the display panel of the sign and shall be shielded so that the source of light is not visible and does not create a hazard or nuisance for motorists or nearby residents.

2.

No sign may be erected which contains, includes or is illuminated by any oscillating, flashing, rotating, intermittent or moving light or lights except for changeable electronic variable message signs for which a valid multiple message sign supplemental permit has been issued.

3.

No sign may be erected or maintained which is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the main-traveled way of any primary highway or other highway or which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle.

(9)

Number and arrangement of signs. Highway advertising signs may be a single-face, a double-faced sign, or a V-type sign design provided that the angle created by the display panels is less than 45 degrees. Not more than one sign may be erected within a display panel. Not more than one display panel may be visible to traffic on the primary highway approaching the highway advertising sign. If the display panels on the same sign structure face opposite directions, are physically contiguous or connected to the same sign structure and at no point separated by a distance greater than 15 feet apart in the case of back-to-back or "V" type signs, they shall be considered one sign only for purposes of determining conformance with division (G)(2)(b) of this section.

(10)

Sound amplification. No highway advertising sign shall contain any audio speakers or sound amplification or sound producing device.

(11)

Structural requirements.

(a)

All highway advertising signs shall be designed to and shall be maintained to meet the structural requirements of § 156.043 of this chapter.

(b)

All highway advertising signs shall be either centermount or flagmount monopole sign structures.

(12)

Compliance with Illinois Highway Code. Highway advertising signs shall comply with the requirements of § 9-112.2 of the Illinois Highway Code (ILCS Ch. 605, Act 5, § 9-112.2).

(13)

Illinois Department of Transportation permit. Highway advertising signs may be erected and maintained within the city only after the Illinois Department of Transportation has issued a permit for the proposed highway advertising sign.

(H)

Multiple message sign supplemental permit standards. In addition to the standards set forth in § 156.052(G), the following standards shall govern multiple message signs.

(1)

Tri-vision signs. No tri-vision sign shall be permitted in the city.

(2)

Changeable electronic variable message signs. No construction, reconstruction, alteration, or other work related to a changeable electronic variable message sign shall commence until a highway advertising sign's special use permit and a multiple message sign supplemental permit has been secured from city. Changeable electronic variable message sign shall be governed by the following:

(a)

The display change time shall be not more than one second with duration of each display not less than 12 seconds. The change of message on a changeable electronic variable message sign shall occur sequentially and simultaneously across the entire display panel.

(b)

Changeable electronic variable message signs shall contain a default design that will freeze the display in one still position if a malfunction occurs.

(c)

The owner of every permitted changeable electronic variable message sign shall provide the city with the name, telephone number and electronic mail address of an on-call contact person for each permitted changeable electronic variable message sign. The contact person must have the authority and ability to make immediate modifications to the displays and lighting levels should the need arise. When a malfunction occurs, the contact person shall, when notified of the malfunction, promptly either cause the malfunction to be corrected or shall power-off the changeable electronic variable message sign.

(d)

The changeable electronic variable message sign display shall not create excessive brightness or glare. Such displays shall contain static messages only without movement, animation, rolling or running letters or message, flashing lights or scrolling displays as part of the display. Movement is herein defined as the appearance or illusion of movement, either text or images, of any part of the display panel, design, or pictorial, segment of the sign, including the movement of any illumination or the flashing, scintillating, or varying of light intensity.

(e)

The changeable electronic variable message sign shall not be illuminated by flashing lights, strobe lights, lights resembling emergency vehicles, or moving lights.

(f)

The changeable electronic variable message sign shall have the capability to adjust its intensity in response to ambient lighting conditions. No changeable electronic variable message sign shall be erected without a light detector/photocell by which the sign's brightness shall be dimmed when ambient conditions darken so that signs are not unreasonably bright for the safety of the motoring public. The maximum brightness during the day, the time period between one-half hour before sunset and one-half hour after sunrise, shall be 5,000 Nits and at night shall be 300 Nits. Should the city, at its sole discretion, find the changeable electronic variable message sign, any display or effect thereon, to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interferes with the operation of a motor vehicle, upon request, the owner of the changeable electronic variable message sign shall immediately reduce lighting intensity of the changeable electronic variable message sign to a level acceptable to the city. Failure to reduce lighting intensity on request shall be cause for revocation of the multiple message sign supplemental permit.

(g)

The display panel of changeable electronic variable message signs located on the side of a primary highway may only be visible from one direction of travel on the main-traveled way of the primary highway.

(h)

Only one changeable electronic variable message sign is permitted on each display panel with a maximum of two changeable electronic variable message signs facing in opposite directions on a highway advertising sign structure.

(i)

No changeable electronic variable message sign shall be located closer than 1,500 feet from any other changeable electronic variable message sign as measured along the same side of the primary highway.

(j)

No conventional highway advertising sign can be converted to changeable electronic variable message sign unless a multiple message sign supplemental permit is issued. Multiple message sign supplemental permits may only be issued to a site conforming to the requirements of division (H)(3). Nonconforming signs, grandfathered signs, illegal signs or non-conforming sign structures will not be allowed to be retro-fitted with a changeable electronic variable message sign.

(k)

All retro-fitted changeable electronic variable message sign displays on permitted, conforming sign structures must first be approved for compliance with this section by the Director of Community and Economic Development or his or her representative.

(l)

The city and other local governmental authorities may request, and with the consent of the owner of a changeable electronic variable message sign, may display public service announcements, and when appropriate, emergency information important to the traveling public, such as Amber Alerts or alerts concerning terrorist attacks or natural disasters on a changeable electronic variable message sign. Emergency information messages shall remain in the advertising copy rotation according the protocols of the government agency that issues the information.

(3)

Spacing of multiple message signs. No multiple message sign shall be located closer than 1,500 feet from any other multiple message sign as measured along the same side of the primary highway.

(I)

Administration. The Director of Community and Economic Development, or authorized representative, shall administer this section.

(J)

Interpretation. If any conflict arises during the enforcement of this section, or more than one interpretation is possible, division (A), Purpose; intent, shall be used as a guideline for interpretation. Additionally, the most restrictive interpretation shall apply.

(K)

Permit procedure. No construction, reconstruction, alteration, or other work related to a highway advertising sign shall commence until the appropriate permits have been secured from the Illinois Department of Transportation and the city. It is the responsibility of the owner or agent responsible for the highway advertising sign to comply with these or any other permit requirements.

(1)

Highway advertising sign special use permit. A highway advertising sign special use permit shall be obtained by the property owner or the property owner's authorized agent.

(2)

Submittal requirements. The application shall be on a form prescribed by the city. The applicant shall attach and submit the following information with the permit application for each proposed highway advertising sign.

(a)

The name, address, telephone number and electronic mail address of:

1.

The applicant in the case of an individual; or

2.

In the case of a partnership, the persons entitled to share in the profits thereof; and

3.

In the case of a corporation, the officers and directors, and if a majority in interest of the stock of a corporation is owned by one person or his or her nominees, such person; and the date of incorporation (in the case of a foreign corporation, the state where it was incorporated and the date of its becoming qualified under the Illinois Business Corporation Act to transact business in the State of Illinois) and a certificate of good standing from the Illinois Secretary of State; and

(b)

A title insurance policy or other accepted evidence of title to the property on which the highway advertising sign is to be located evidencing the applicant as the owner of the property or if the applicant is the property owner's authorized agent, evidencing the property owner as the owner of the property; and the agent shall provide an affidavit signed by the owner of the property on which the highway advertising sign is to be located granting permission for the agent to act on behalf of the property owner.

(c)

If the applicant is not the owner of the property, a completed and executed lease, easement, contract to purchase the property or other adequate proof of the owner's consent to erect the highway advertising sign on the property, including all riders and exhibits thereto. If the lease, easement, contract to purchase the property or other adequate proof of the owner's consent to erect the highway advertising sign on the property is not signed by the owner of the property, proof of the authority of the person signing to bind the owner shall also be supplied. If the lease, easement, contract to purchase the property or other adequate proof of the owner's consent to erect the highway advertising sign on the property is terminated prior to the erection of the highway advertising sign, the highway advertising sign special use permit is void.

(d)

A copy of the permit issued by the Illinois Department of Transportation authorizing the erection or maintenance of a highway advertising sign at the site where the highway advertising sign is proposed to be located.

(e)

A site plan, at an appropriate scale, prepared or approved by a land surveyor licensed by the State of Illinois which illustrates the following items within 1,500 feet of the proposed highway advertising sign:

1.

The exact location of proposed highway advertising sign;

2.

Property lines of the lot on which the proposed highway advertising sign;

3.

Setbacks;

4.

Existing easements;

5.

Right-of-way lines, including the distance between the proposed highway advertising sign and the nearest edge of the primary highway right-of-way;

6.

Underground utilities, including the distance between the proposed highway advertising sign and the underground utilities;

7.

Above ground utilities, including the distance between the proposed highway advertising sign and the above-ground utilities;

8.

Buildings, churches, schools, residences, including the distance between the proposed highway advertising sign and the buildings, churches, schools, residences;

9.

Primary highways and other roads, including the distance between the proposed highway advertising sign and the primary highways and other roads; and

10.

Existing or permitted highway advertising signs, including the distance between the proposed highway advertising sign and the existing or permitted highway.

(f)

Two sets of drawings, plans, specifications and description, if necessary, of the proposed highway advertising sign which includes:

1.

The dimensions of the sign structure and display panel(s);

2.

The area of the display panel(s);

3.

Illumination;

4.

Colors and materials;

5.

The location and dimensions of the foundation and attachment of the sign structure to the foundation;

6.

Any other relevant features of the highway advertising sign;

(g)

Stress analysis and calculations showing that the sign structure is designed to meet or exceed the dead-load and wind-pressure requirements of § 156.043 of this chapter;

(h)

The name, address, telephone number and electronic mail address of the person, firm or corporation erecting the sign structure;

(i)

If the highway advertising sign is proposed to be illuminated or is a multiple message sign, a copy of the electrical permit issued for the highway advertising sign;

(j)

A certificate of insurance verifying that the commercial general liability coverage required by division (M) has been obtained.

(k)

The bond required by division (N) of this section.

(l)

Whether the applicant is seeking a multiple message sign supplemental permit in addition to the highway advertising sign special use permit.

(m)

If the sign is a changeable electronic variable message sign, a certification that the multiple message sign will be erected and maintained as a changeable electronic variable message sign and will be operated in compliance with divisions (H)(2)(a), (b), (d), (e) and (f) of this section and a certification from an electrical engineer that the sign has been designed in compliance with divisions (H)(2)(a), (b) and (f) of this section.

(n)

When a permit has previously been issued for a specific highway advertising permitted highway advertising sign at a specific site and the holder of that permit wishes to change that permitted highway advertising sign in a manner that would require the issuance of a new permit, the applicant shall provide a copy of the original permit application identifying the permit number and application approval. This type of application will also require the following:

1.

A statement that the application is being submitted in order to move or improve an existing permitted highway advertising sign and that this action will not cause any violations pursuant to the requirements of this chapter.

2.

The removal of the existing permitted highway advertising sign will occur prior to the erection of any other highway advertising sign approved as a result of this permit application.

3.

All other requirements of this chapter are satisfied without conditions.

(o)

If the proposed highway advertising sign is an accessory use, a description of the existing use of the property and evidence that the existing use of the property complies with the requirements of Title XV of this code.

(p)

Any other information determined necessary by the Director of Community and Economic Development to ensure compliance with this section and the city Building Code.

(q)

The applicant shall certify that all of the information provided is true and accurate and that the applicant is not the owner of an abandoned or illegal sign as defined by this section. This certification shall be supported by an oath or affirmation acknowledged by a notary public.

(3)

Fees. Non-refundable permit fees to cover the costs of administering this section, including sign inspections, shall accompany the application and shall be paid in accordance with the following schedule.

(a)

An initial permit fee as provided in § 154.07 of this code shall be paid when the highway advertising sign special use permit application is submitted to the city for review and determination of compliance. No application shall be processed until the applicant has paid the initial permit fee.

(4)

Application processing. Within seven days after receipt of the highway advertising sign special use permit application and payment of the initial permit fee, the Director of Community and Economic Development shall determine if it is complete. If the initial permit application is incomplete, the Director of Community and Economic Development shall notify the applicant in writing of its deficiencies. If the initial permit application is complete, or if initially incomplete, when the resubmitted permit application is complete, and the initial permit application fee has been paid, the Director of Community and Economic Development shall schedule a public hearing before the Planning and Zoning Commission within 30 days for a report of its findings and recommendations to the City Council. The Director of Community and Economic Development, or his or her designee, shall review the application for compliance with the requirements of this chapter and shall within 14 days prepare a written report of the review of the application which shall be forwarded to the Planning and Zoning Commission along with the permit application. The Planning and Zoning Commission shall conduct a public hearing on the application and shall make a report of its findings and recommendation to the City Council. The Planning and Zoning Commission shall limit its findings and recommendation to whether the application meets the standards applicable to highway advertising signs, and if applicable to multiple message signs, set forth in this section. If the Planning and Zoning Commission fails to issue a report of its findings and recommendations to the City Council within 45 days following receipt of the permit application and initial permit fee, the permit shall be deemed to have been recommended to the City Council. The City Council shall consider the permit application and without further public hearing shall either approve or disapprove the application at its next regularly scheduled City Council meeting held not less than three days following the issuance of a report by the Planning and Zoning Commission or in the absence of a report at its next regularly scheduled City Council meeting held not less than three days following the expiration of the 45 days following receipt of the permit application and initial permit fee. Subject to division (K)(5) of this section, the City Council shall base its approval or disapproval of the application solely upon the standards applicable to highway advertising signs, and if applicable, to multiple message signs set forth in this chapter. The City Council shall not approve the highway advertising sign special use permit, and if applicable, the multiple message sign supplemental permit, unless it finds that the proposed highway advertising sign meets each of the standards applicable to highway advertising signs set forth in this chapter.

(5)

Denial of permit. The City Council shall deny the highway advertising sign special use permit, and if applicable the multiple message sign supplemental permit for any of the following reasons:

(a)

The application does not meet the standards set forth in this chapter;

(b)

The applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed against the applicant;

(c)

The applicant has failed to provide information required on the application for the issuance of the permit or has falsely provided information, falsely answered a question or request for information on the application form;

(d)

The required application or permit fees have not been paid.

(6)

Issuance of permit. A highway advertising sign special use permit, and if applicable, the multiple message sign supplemental permit, shall be issued by the Director of Community and Economic Development to the highway advertising sign owner or agent after approval thereof by the City Council.

(7)

Expiration of permit. A highway advertising sign special use permit, and if applicable, the multiple message sign supplemental permit, shall expire on the earliest of:

(a)

April 30 of the year of its issuance, if the permit is issued on or between January 1 and April 30;

(b)

April 30 of the year following its issuance, if the permit is issued on or between May 1 and December 31;

(c)

Six months after the date of issuance if the work authorized by the permit has not commenced; or

(d)

If work has commenced and the work is discontinued for a period of six months, six months after the date of discontinuance of work. No work authorized by a permit that has expired may be performed until a new permit has been secured.,

(8)

Renewal. An unexpired and unrevoked highway advertising sign special use permit, and if applicable, the multiple message sign supplemental permit, may be renewed upon written application to the City Clerk made at least 30 days prior to the expiration date of the current highway advertising sign special use permit and the payment of an annual permit renewal fee as provided in § 110.05 of this code provided that the highway advertising sign continues to meet the standards set forth in this chapter. The renewal fee will be due on May 1 of each year. The application for renewal shall supply the current name, address, telephone number and electronic mail address of the applicant, shall set forth evidence that the permit issued by the Illinois Department of Transportation for the highway advertising sign remains valid and any information required by the initial application that has changed since the issuance of the last permit. Within 30 days after receipt of the renewal application and payment of the renewal fee, the City Clerk shall determine if it is complete. If the renewal application is incomplete, the City Clerk shall notify the applicant in writing of its deficiencies. If the renewal application is complete, the permit issued by the Illinois Department of Transportation for the highway advertising sign remains valid, the highway advertising sign, and if applicable, the multiple message sign, continues to meet the standards set forth in this chapter and the renewal fee has been paid, then the City Clerk shall issue a renewal permit. If the City Clerk fails to issue a renewal permit within 30 days following receipt of the renewal application and renewal fee, the permit shall be deemed to have been issued.

(9)

Revocation of permits. Whenever the Director of Community and Economic Development determines that grounds exist for the revocation of a permit or registration, the Director of Community and Economic Development shall send written notice to the permit or registration holder, at the address listed on the permit or registration holder's most recent application or most recent notification received by the city of a change of address, advising the permit or registration holder of the basis of the proposed revocation, the location, date and time of a hearing to revoke the permit or registration, and affording the permit or registration holder the opportunity to appear and respond to the basis for the revocation contained in the notice, a highway advertising sign special use permit or registration and, if applicable, the multiple message sign supplemental permit may be revoked for any of the following actions or omissions by the applicant:

(a)

Substantial departure from the approved permit application or plans and specifications;

(b)

Refusal or failure to comply with the requirements of the Building Code, the Property Maintenance Code, Electrical Code or other ordinance applicable to the highway advertising sign or this section;

(c)

False statements or misrepresentations made in securing the highway advertising sign special use permit and, if applicable, the multiple message sign supplemental permit; or

(d)

Failure to pay the annual permit renewal fee; or

(e)

The use of the highway advertising sign shall cease for a period of 90 days. A permit mistakenly issued in violation of this section or any other state law or ordinance may also be revoked. No highway advertising sign special use permit or and, if applicable, a multiple message sign supplemental permit shall be revoked except after a hearing by the Director of Community and Economic Development conducted not sooner than seven days following the mailing of notice to the permit or registration holder.

(L)

Maintenance. All highway advertising signs shall be erected and maintained in accordance with the city Building Code and Property Maintenance Code and § 156.043 of this code. Any illuminated highway advertising sign or changeable electronic variable message sign shall meet the requirements of the current city Electrical Code. In addition, the highway advertising sign site must be kept free of litter resulting from deterioration of the highway advertising sign.

(M)

Insurance. The permit holder shall obtain and thereafter keep in force commercial general liability insurance coverage provided by an insurance company authorized to transact business under the laws of the State of Illinois. The insurance company providing coverage shall be rated in the Best's Key Rating Guide with a rating not lower than B+ provided the financial size category is VII or larger or a company rated A- or better having a financial size category of not less than VI. The commercial general liability insurance coverage shall be written in the occurrence form and shall provide coverage having an occurrence limit of $1,000,000 and a general aggregate liability limit of $2,000,000. The insurance shall have an effective date prior to the date the erection of the sign structure commences and shall remain in force during the period until the sign structure is removed. Termination or refusal to renew the required coverage shall not be made without 30 days' prior written notice to the city by the insurer, and the policy shall be endorsed so as to remove any language restricting or limiting liability concerning this obligation. In the event of an occurrence giving rise to a loss which affects the interests of the city or the public, the permit holder shall promptly furnish to the city full certified copies of the insurance policy and any endorsements thereto.

(N)

Bond. The permit holder shall furnish a bond secured by a surety company acceptable to the city in the amount of $5,000 conditioned upon the faithful observance of the provisions of this section. The bond shall be executed by a surety that is licensed to transact business in Illinois named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptance Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. The date of the bond must not be prior to the date of the application. If the bond is executed by an out-of-state agent, it shall be counter-signed by a resident agent licensed in Illinois and evidence of being so licensed shall be furnished. If the surety on the bond furnished by the permit holder is declared bankrupt, or becomes insolvent, or its right to do business is terminated in Illinois or it ceases to meet the requirements herein, the permit holder shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to the city.

(O)

Nonconforming signs. Any highway advertising sign already legally in existence prior to the effective date of this section may be maintained for the life of the sign. If the nonconforming sign or nonconforming sign structure is destroyed or partially destroyed to the extent that any new permits are required, or the sign owner wishes to secure any permit to replace the nonconforming sign structure for any other reason, the sign shall be made to conform to this section except as otherwise provided by state law. Periodic maintenance and repair of a nonconforming sign, including changing the sign copy or advertisements, is permitted, provided such activities are not intended to extend the life of the sign or increase the extent of nonconformity.

(P)

Removal of sign structures. The owner of any property upon which a highway advertising sign special use permit has been issued shall remove the sign structure and restore the property to substantially the same condition that existed prior to the installation of the sign structure within 30 days following the non-renewal or revocation of the highway advertising sign special use permit. However, if the owner of the property is unable to secure the appropriate government or utility approval or assistance to facilitate such removal, this time shall be extended a reasonable amount of time to allow for the removal of the sign structure. In the event that the owner of the property shall fail to remove the sign structure within 30 days following the termination of the highway advertising sign special use permit, the city may, at its option, remove the sign structure; and the owner of the property shall reimburse the city for all costs and expenses of the removal.

(Q)

Violations.

(1)

Notice. If any violation of this section is committed, the Director of Community and Economic Development shall give notice by certified or registered mail, return receipt requested, to the owner of the highway advertising sign and owner of record of the property upon which the highway advertising sign is situated. The notice shall give the nature of the violation, with reference to the applicable provisions of this section; actions necessary to correct any deficiencies; whether immediate corrective action is to be taken or whether 30 days are allowed to correct or remove the sign in violation; and that the decision of the Director of Community and Economic Development may be appealed to the City Council.

(2)

Failure to comply. If no corrective action has been taken after notice has been given, the Director of Community and Economic Development shall initiate or cause the City Corporation Council to initiate any legal action or proceedings necessary to enforce this section.

(R)

Penalties; remedies.

(1)

Any person, firm, corporation, or association placing or erecting any outdoor advertising sign in violation of this section shall be punishable a fine in the amount of $750 for each offense with each day that the violation continues considered a separate violation.

(2)

Other remedies. The city may seek injunctive relief, and all other appropriate remedies to ensure compliance with these provisions.

(S)

Appeals. Interpretations and decisions of the Director of Community and Economic Development regarding this section may be appealed in writing to the City Council, provided such appeal is initiated within ten days of the interpretation, decision, denial of a highway advertising sign renewal special use permit or receipt of a violation notice.

(T)

Suspension of time limits. When an appeal is filed, any time limitations imposed by the Director of Community and Economic Development shall be suspended until the City Council renders a decision.

(U)

Judicial review. Judicial review of the denial of a highway advertising sign special use permit and other decisions of the City Council other than the approval of a highway advertising sign special use permit, shall be in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois, pursuant to the provisions of the Administrative Review Act, ILCS Ch. 735, Act 5, §§ 3-101 et seq. Judicial review of the approval of a highway advertising sign special use permit shall be subject to de novo judicial review in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois.

(Ord. 12-54, passed 12-11-12; Am. Ord. 22-24, passed 8-23-22)