This chapter shall be consistent with the Highway Advertising Control Act of 1971, ILCS Ch. 225, Act 440 and the regulations adopted to interpret that Act, see 93 State Administrative Code, Part 522. The terms and definitions of that Act, the accompanying regulations and the Illinois Motor Vehicle Code, ILCS Ch. 625, Act 5, § 1-101, shall guide the interpretation of this code. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACT. The Highway Advertising Control Act of 1971, ILCS Ch. 225, Act 440, §§ 1 et seq.

   BILLBOARD. Any signboard or similar structure, the sole or primary purpose of which is to be used for the display of advertisements or notices. Each single display side of a multi-sided signboard shall be considered as a separate BILLBOARD. For the purpose of this chapter, a SIGN is included within the definition of BILLBOARD.

(Ord. 06-05, passed 2-21-2006)

   Notices described in this chapter may be served in the following manner:

   (A)   Any method permitted for the service of a summons or other legal process; or

   (B)   When notice by certified mail is described and the addressee fails or refuses to pick up the certified mail, notice shall then be sent by regular mail, postage prepaid; the date of receipt of the notice by mail shall be presumed as five business days from the initial date of mailing by certified mail.

(Ord. 06-05, passed 2-21-2006)

   (A)   It is unlawful to construct or maintain a billboard within the village without having first secured a permit therefor from the village.

   (B)   Notwithstanding the above, no permit is required for the construction or maintenance of a billboard or signboard, other than a roof sign, the total display area of which does not exceed 36 square feet.

   (C)   No license issued hereunder shall be construed to authorize the construction or maintenance of a billboard which extends over any public street, or any part of which extends over or above any public street, alley or sidewalk or other public place. Those billboards are unlawful.

   (D)   Each billboard, including those that do not require a permit, shall conform to any zoning or subdivision statutes, rules or regulations that may apply to the location of that billboard.

   (E)   Signs or billboards that are constructed or maintained in violation of this section are unlawful. In addition the village may seek any lawful remedy to have the sign corrected or removed, including but not limited to injunctive relief.

(Ord. 06-05, passed 2-21-2006) Penalty, see § 155.999

   Applications for the permits shall be made in writing to the Clerk. Each application shall state thereon the name of the owner of the premises, the name of the person or corporation constructing the billboard; and specifications showing the size, location, material and manner of construction of the billboard. A construction permit expires six months after it is issued. Permittees shall provide to the village, within 180 days of completion, evidence that the sign has been constructed according to the application and permit. The evidence may include "as built" plans or affidavits, but preferably by photographs of the erection of the signs.

(Ord. 06-05, passed 2-21-2006)

   (A)   Signs must be erected within 180 days of the date the permit is issued. The permittee shall apply for a renewal permit in the event the sign is not erected within this period. The permit application requirements in this section shall apply to renewal of permits.

   (B)   Upon a change in permittee or sign ownership, the new permittee or owner of the sign shall notify the village of the sign permit or registration number and the old and new permittee or sign owners' names within 60 days after the change in permittee or sign ownership. No application fee is required under these circumstances. Any permit or registration not so renewed shall become revocable in accordance with the provisions of §§ 155.090 through 155.094 below.

(Ord. 06-05, passed 2-21-2006)

   (A)   All signs erected prior to January 1, 2006 shall be registered with the village on or before May 1, 2006. The annual registration fee for these signs will begin January 1, 2007.

   (B)   Any sign erected prior to January 1, 2006 that does not conform to this chapter shall either be removed or made to conform to this chapter on or before January 1, 2007.

(Ord. 06-05, passed 2-21-2006)

   Whenever the village determines that grounds exist for the revocation of a permit or registration (including but not limited to false information in the application, errors in permit processing, failure to erect what was permitted or any other violation of the Act or this chapter), the village shall notify the permittee by certified mail of its intent to revoke the permit. This notice shall be called the "notice of intent to revoke permit" ("notice") and shall inform the permittee that within 30 calendar days from receipt of the notice the permittee must reply. The procedures in this section shall not apply when a permit has expired with any sign being erected within 180 days of issuance.

(Ord. 06-05, passed 2-21-2006)

   (A)   (1)   The reply shall be made to the village in writing and received at that office within the 30-day period. No time extensions will be permitted.

      (2)   The reply shall specifically state one of the following:

         (a)   That the sign has been removed. In such case, evidence of the removal (an affidavit or photograph) shall be submitted with the reply; or

         (b)   That the problem cited in the notice of intent to revoke has been corrected or that measures to correct the problem will be undertaken in the manner and within the times set forth in the reply. Evidence of the correction (an affidavit or photograph) shall be submitted with the reply.

   (B)   If the permittee fails to reply or to reply within the 30-day period, the notice shall constitute the "30 day letter" as provided for in § 155.094 below and shall have the same force and effect as same.

   (C)   If the evidence submitted with the reply shows that the sign has been removed, then the village will notify the permittee that the permit is revoked.

   (D)   If the evidence shows that the permittee has corrected the problem, the village will so notify the permittee and the notice shall be considered null and void.

   (E)   If the village finds that the evidence submitted with the reply fails to show that the sign has been removed or that no measures have been taken or proposed to correct the problem and no review is requested, the village will issue a "30 day letter" in accordance with § 155.094 below.

   (F)   That the permittee disputes the grounds stated in the notice and requests a review.

(Ord. 06-05, passed 2-21-2006)

   (A)   Proceedings.

      (1)   In response to the timely receipt of the reply requesting a review, the Superintendent of Public Works shall notify the Village Clerk within ten days that a review request has been received. A copy of the notification shall also be sent to the permittee, Mayor and the Board of Trustees. The Superintendent of Public Works or the Mayor may designate another person to perform the duties in this section.

      (2)   The Superintendent of Public Works and the permittee shall submit to the Mayor and Board of Trustees or designee, written argument in duplicate supporting their positions within 30 days of the review request being received by the Mayor and the Board of Trustees.

         (a)   Written arguments must contain proposed findings of fact and conclusions of law.

         (b)   The Village Clerk or designee will provide the Superintendent of Public Works and the permittee with a copy of the opposing parties' written arguments.

         (c)   Written rebuttal arguments will be considered only if received in duplicate by the Village Clerk or designee within 15 days after the date each party receives the opposing party's written arguments. The Village Clerk or designee will also provide a copy of the rebuttal arguments to each party.

         (d)   These arguments shall be submitted by the Village Clerk to the Mayor and the Board of Trustees and to the permittee.

         (e)   The Mayor and the Board of Trustees or designee may hold a conference if it is necessary to adjudicate the conflicting facts or to simplify relevant issues. Conferences may be held in person or by telephone.

      (3)   Within 30 days after receipt of arguments and exhibits and a conference, if one is held, the Mayor and the Board of Trustees or designee shall render the decision and promptly notify the Superintendent of Public Works and the permittee in writing by certified mail of the decision. The decision will be based on the written arguments, the fact finding conference and relevant exhibits.

      (4)   If the permittee fails to submit written arguments or does not submit them within the 30 days period, the resultant decision will be that the allegation or allegations as set forth in the notice of intent to revoke permit are true, correct and proven.

      (5)   If the Superintendent of Public Works fails to submit written arguments or does not submit them within the 30-day period, the resultant decision will be that the allegation or allegations set forth in the notice of intent to revoke permit are unproven.

   (B)   Village legal action following review.

      (1)   If a sign has been found to be unlawful, the village shall issue a "30-day letter" as provided in § 155.094 below.

      (2)   If a sign has been found to be in compliance with this chapter, the permit will be considered lawful.

      (3)   If the Mayor or designee finds that insufficient information has been provided, he or she shall direct the parties to supply the needed information so that a decision can be rendered.

(Ord. 06-05, passed 2-21-2006)

   (A)   When the village has found a sign to be unlawful as provided in § 10 of the Act or this chapter, the village shall notify the permittee or sign owner by certified mail of the following.

      (1)   The sign must be removed or brought into compliance within 30-days' from receipt of notice.

      (2)   After the 30-day period, the sign shall become the property of the village if not removed or brought into compliance.

      (3)   The village shall sell, by public sale, auction or sealed bids; remove or paint over all unlawful signs which have not been removed or brought into compliance within the 30 days period or shall seek a court order to force abatement by the sign owner.

      (4)   The sign owner shall reimburse the village for all costs incurred by the village in selling, removing or painting over the sign.

   (B)   The village shall take the action described in the notice.

(Ord. 06-05, passed 2-21-2006)

   Every billboard shall be firmly and solidly constructed so as to be able to bear a wind pressure of at least 30 pounds per square foot of area, provided that billboards that are placed upon roofs must be constructed as to be able to withstand a lateral wind pressure of 40 pounds per square inch.

(Ord. 06-05, passed 2-21-2006)

   It shall be unlawful to erect or maintain any billboards in such a position as to obstruct any fire escape or any window or door leading thereto and no billboard shall be fastened to any fire escape.

(Ord. 06-05, passed 2-21-2006) Penalty, see § 155.999

   Every billboard must be so constructed as to leave an open space of at least two and one-half feet between the bottom of the display area and the ground. This open area may be filled with latticework or other ornamental design that does not close off more than two thirds of any square foot of the open area. Billboards constructed on property on which there is a properly established building line restriction, if the billboard is to be constructed in violation of the building line restriction.

(Ord. 06-05, passed 2-21-2006)

   It is unlawful to construct any billboard of over 15 square feet in area anywhere in the corporate limits of the village unless the face of the billboard complies with applicable fire and safety codes adopted by the village. The grass or foliage under and surrounding all billboards must be kept at a height of not more than ten inches for a distance of ten feet from the billboard and shall be kept free of all paper and other debris.

(Ord. 06-05, passed 2-21-2006) Penalty, see § 155.999

   (A)   No person, firm or corporation shall locate, build, construct, operate or maintain any billboard in any block in the village where a majority of the houses abutting on both sides of the street in the block are used exclusively for residence purposes without having first secured the written consent of the owners of a majority of the frontage abutting on the street on both sides within the block.

   (B)   The term BLOCK as used in this section shall be construed to mean and include that portion of the street between the two intersections with other public streets nearest the specified location on each side, provided that if on either or both sides of the location there is no intersection within three hundred feet of the center of the specified location the block shall be considered as terminating at a point 300 feet from the center.

   (C)   The term STREET as used in this section shall be construed to mean and include the highways as have been dedicated by either common law or statutory dedication as public streets and are actually in use as such, and the term STREET shall not be construed to include or mean merely service highways which are commonly known as alleys.

   (D)   Frontage consents, once secured and filed, shall not be withdrawn and need not be renewed excepting on the construction of a new billboard to replace the one for which the consents were granted. But where consents are required and have been obtained for the construction of one or more billboards on any particular lot, additional consents for any additional billboard on the same lot must be secured and filed in accordance with the provision of this section.

   (E)   Notwithstanding the above, no sign or billboard shall be located within a residential zoning district. Any sign within 200 feet of a residential district shall require a special use permit, subject to the procedures in this chapter. This special use permit shall be in addition to any other requirement.

(Ord. 06-05, passed 2-21-2006)

   The State Department of Transportation has adopted statutes, rules and regulations for the control of outdoor advertising adjacent to primary and interstate highways. These include the Highway Advertising Control Act of 1971, ILCS Ch. 225, Act 440, § 1 as amended, and Part 522 of Title 92 of the Illinois Administrative Code, as amended. Any sign the construction, installation, maintenance, failure to maintain or failure to remove of which is in violation of those statutes, rules or regulations are also in violation of the code of ordinances of the village and are unlawful. The signs are also declared to be a nuisance. The person or persons liable for the violations shall be subject to fines, abatement of nuisance and such other remedies authorized by the code of ordinances or otherwise authorized by law.

(Ord. 06-05, passed 2-21-2006)

   (A)   It is unlawful to construct any billboard on the roof of any building or structure of any but incombustible materials.

   (B)   All the roof signs or billboards must be so constructed that there is at least four feet of space between the billboard or signboard and the edge of the roof at all sides and ends.

   (C)   It is unlawful to construct any roof sign or billboard on the roof of any building that is unable to withstand the additional weight and wind pressure imposed by the construction. The roof sign or billboard must be in compliance with § 155.095 above.

   (D)   All roof signs and billboards shall be supported and anchored in a safe and secure manner consistent with the nature, size and construction of the building and the sign or billboard.

   (E)   The metal supports and parts of every roof sign shall be thoroughly and properly painted at least once each five years, unless they are galvanized or otherwise adequately protected against rust and corrosion.

(Ord. 06-05, passed 2-21-2006) Penalty, see § 155.999

   It is unlawful to construct any billboard, a majority of which is within four feet of any building unless the billboard is constructed of noncombustible material.

(Ord. 06-05, passed 2-21-2006) Penalty, see § 155.999

   The wiring of illuminated billboards and signboards must comply with the provisions of the ordinances related to electrical wiring.

(Ord. 06-05, passed 2-21-2006)

   (A)   For the purposes of this section, the term CODE refers to the State Vehicle Code, ILCS Ch. 625, Act 5, § 1-101.

   (B)   The following signs shall not be erected or maintained:

      (1)   Signs located within the right-of-way of an interstate or primary highway or on any structure, wire, cable or other device over or above an interstate or primary highway right-of-way except the following:

         (a)   Signs designating the name of the railroad that owns the bridge;

         (b)   Signs designating the clearance provided (§§ 9-112.1 and 9-112.2 of the Code) by the bridge;

         (c)   Public utility signs;

         (d)   Signs required by the Code;

         (e)   Signs required by the State Vehicle Code; and

         (f)   Signs, displays and devices giving specific information in the interest of the traveling public erected and maintained by the village or by the State Toll Highway Authority.

      (2)   Signs which attempt or appear to attempt to direct the movement of traffic or which contain wording, color or shape which are similar to official traffic control signs or other traffic control devices. (§ 9-112.2 of the Code);

      (3)   Signs which contain oscillating, rotating, flashing, intermittent or moving light or lights (§ 9-112.2 of the Code) except the following:

         (a)   Signs giving public service information including but not limited to time, weather, date and temperature (ILCS Ch. 225, Act 440, § 6.02(a)) and signs with displays that change not more frequently than once every 60 minutes;

         (b)   Pole supported business or brand identification signs inside business areas with constant illumination and color and in which the only movement is a slow rotation of the entire body of the sign so as to be visible from all directions (§ 9-112.2 of the Code); or

         (c)   On premise signs which comply with ILCS Ch. 225, Act 440, § 15.24114(g).

      (4)   Signs that are erected, painted or drawn upon trees, rocks or other natural features (ILCS Ch. 225, Act 440, § 5);

      (5)   Signs that are obsolete (i.e. advertise something that is no longer there) or structurally unsafe or in disrepair (ILCS Ch. 225, Act 440, § 5) unless the structural conditions may be repaired in accordance with the provisions of the Act, and the sign owner agrees in writing to make the repairs within 30 days after receipt of the notice to remove. Signs which project beams or rays of light at the traveled way of a state highway or cause the beam or rays to create glare or to impair the vision of a driver of any motor vehicle (ILCS Ch. 225, Act 440, § 6.02(b));

      (6)   Signs that are located within 1,000 feet of official traffic signs, signals or devices and obscure or interfere with a driver’s view of the sign, signal or device (ILCS Ch. 225, Act 440, § 6.03(a));

      (7)   Signs that are located within 1,000 feet of approaching, merging or intersecting traffic and obscure or interfere with a driver’s view of the traffic (ILCS Ch. 225, Act 440, § 6.03(a));

      (8)   Signs that require a permit for erection or registration under this subchapter and for which no permit or registration have been issued;

      (9)   Signs that contain any pornographic materials or scenes;

      (10)   Signs which contain any animated or moving parts (ILCS Ch. 225, Act 440, § 4.02(g));

      (11)   Signs that violate airport hazard zoning regulations adopted by the village pursuant to the Airport Zoning Act (ILCS Ch. 820, Act 25) (See § 522 Illustration J of 93 Ill. Admin. Code, Part 522); or

      (12)   Signs erected adjacent to a scenic byway that is a primary or interstate highway after August 2, 1996 except those signs described in ILCS Ch. 225, Act 440, §§ 4.01, 4.02, 4.03, 4.06 and 4.08 (ILCS Ch. 225, Act 440, § 5(d)).

(Ord. 06-05, passed 2-21-2006)

   In addition to the standards set forth in § 155.104 above, the following standards apply to official notices:

   (A)   Service club and religious notices shall not exceed 36 square feet in area; and

   (B)   Public service signs may be located only on school bus stop shelters that are authorized by and are located at places approved by city, county or state law, regulation or ordinance. Only safety slogans or messages may be displayed on the sign and the slogans or messages shall occupy not less than 50% of the sign area. The remaining 50% may contain only the identity of the donor, sponsor or contributor of the shelter. The signs may not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.

(Ord. 06-05, passed 2-21-2006)

   In addition to the standards set forth in § 155.100, the following standards shall apply to permanent directional signs:

   (A)   To be eligible for determination, privately owned attractions of activities must be nationally or regionally known, and of outstanding interest to the traveling public. The village will make a determination of eligibility for each attraction or activity based on the information provided in the submission, including any licenses held. In making this determination, the village will avail itself of the experience and knowledge of selected groups in the specific type of attraction or activity being considered. These groups shall include, but not be limited to, commissions, boards or other agencies of the state or village. The intent of the village is to limit signs to the promotion of economic, commercial, educational, cultural, historic and tourism activities and sites;

   (B)   No sign may be located within 2,000 feet of an interchange, or intersection at grade along an interstate highway or expressway (measured from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way);

   (C)   No sign may be located within 2,000 feet of a rest area, parkland or scenic area;

   (D)   No two signs facing the same direction of travel shall be spaced less than one mile apart;

   (E)   Not more than three signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity in the village;

   (F)   The signs located along interstate highways shall be within ten air miles of the activity;

   (G)   The signs located along primary highways shall be within ten miles of the activity;

   (H)   The message on the signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers or exit numbers. Descriptive words or phrases and pictorial or photographic representations of the activity or its environs are prohibited;

   (I)   No sign shall exceed the following limits:

      (1)   Maximum area: 150 square feet;

      (2)   Maximum heights: 20 feet; and

      (3)   Maximum length: 20 feet.

   (J)   All dimensions include border and trim, but exclude supports.

(Ord. 06-05, passed 2-21-2006)

   In addition to the standards set forth in § 155.104 above, the following standards shall apply to on premise signs located along interstate highways outside business areas.

   (A)   There may not be more than one sign located more than 50 feet from the advertised activity designed to attract traffic proceeding on any one direction (§ 4.03(a) of the Act).

   (B)   No sign located more than 50 feet from the advertised activity which displays any trade name referring to or identifying any service rendered or product sold, used or otherwise handled, may be permitted unless the name of the advertised activity is displayed as conspicuously as such trade name. This restriction does not apply if the trade name identifies or characterizes places for lodging, eating, telephone facilities, vehicle service and repair, or identifies vehicle equipment, parts, accessories, fuels, oils or lubricants being offered for sale at those places (§ 4.03(b) of the Act).

   (C)   No sign which is located more than 50 feet from the activities conducted upon the property where the sign is located may exceed 20 feet in length, width or height or 150 square feet in area, including border and trim, but excluding supports (§ 4.03(b) and (c) of the Act).

   (D)   No sign shall be erected or maintained by a lessee on property that is not being leased for lessee's advertised activity.

   (E)   The signs may be erected and maintained by persons who operate the business which is advertised on property contiguous with the property where the advertised activity is located as long as the parcel of land where the sign and business are located are owned by the same entity or person.

   (F)   No sign will be considered part of or contiguous with the premises on which the advertised activity is conducted if its location, configuration, use or purpose indicates an attempt to circumvent the intent of the Act. Some examples of attempts to circumvent the intent of the Act include but are not limited to erecting signs on easement or narrow strips of land.

   (G)   No sign may be erected or maintained which contains, includes, or is illuminated by any flashing, intermittent or moving light or lights except those which may be changed at reasonable intervals by electronic process or by remote control as long as these do not interfere with the effectiveness of an official traffic control device (§ 4.03(c) of the Act).

(Ord. 06-05, passed 2-21-2006)

   Any billboard or signboard which is dangerous because of insecure construction or fastening with resultant danger of falling or because of noncompliance with this chapter, or because it is an extreme fire hazard and, in fact, a nuisance, is declared to be a nuisance and may be abated as such. The construction, installation, maintenance, failure to maintain or failure to remove any sign that does not conform to this chapter is unlawful.

(Ord. 06-05, passed 2-21-2006) Penalty, see § 155.999

   A permit fee shall be paid for each billboard or sign that is subject to this section.

   (A)   A construction permit fee shall be paid; this shall include the annual registration fee until the next January 1.

      (1)   For signs of less than 150 square feet: $60.

      (2)   For signs of at least 150 square feet but less than 300 square feet: $100.

      (3)   For signs of 300 or more square feet: $200.

   (B)   An annual registration fee shall be paid on or before January 1 of each year for the following year or any part thereof.

      (1)   For signs of less than 150 square feet: $10.

      (2)   For signs of at least 150 square feet but less than 300 square feet: $50.

      (3)   For signs of 300 or more square feet: $400.

   (C)   In addition to any other remedy, the following amounts shall be paid for each sign for each month, or part thereof, that the annual maintenance fee is not timely paid.

      (1)   For signs of less than 150 square feet: $10.

      (2)   For signs of at least 150 square but less than 300 square feet: $20.

      (3)   For signs of 300 or more square feet: $40.

   (D)   Permit fees shall not be required for the following:

      (1)   Signs less than 36 square feet that are not located off roofs or attached to buildings; and

      (2)   Units of federal, state or local government.

(Ord. 06-05, passed 2-21-2006)

         (a)   A permit is required to display any temporary sign on commercial property within the Village of South Roxana.

         (b)   Permits must be obtained from the Village Clerk's office prior to sign placement.

         (a)   A fee of $50 per day per sign shall be paid at the time of permit issuance.

         (b)   Permit fees are non-refundable and non-transferable.

         (a)   Permits are valid for up to seven consecutive days per sign.

         (b)   Renewals must be requested and approved before the expiration of the initial permit period.

         (a)   Unauthorized temporary signs or signs without a permit shall be subject to a fine of $150 per day per violation.

         (b)   Each day a violation continues shall constitute a separate offense.

         (a)   The advertiser or entity being promoted on the sign shall be held strictly liable for all violations, fines, and removal fees.

         (b)   Failure to comply with payment obligations may result in legal action and/or denial of future permits.

         (a)   Citations issued for violations under this section shall be adjudicated through the Madison County Court System.

         (b)   Any party wishing to contest a citation must do so through the court process as specified in the citation.

         (a)   The Village Board does not have jurisdiction to hear appeals related to citations issued under this section.

         (b)   All disputes related to citations must be resolved through the Madison County Court system.

      (1)   All signs must comply with applicable State of Illinois laws, including the Illinois Highway Advertising Control Act of 1971 (ILCS Ch. 225, Act 440), and Village of South Roxana ordinances.

      (2)   Nothing in this section shall infringe upon constitutionally protected speech, and content-based regulations are strictly prohibited.

(Ord. 25-13, passed 5-6-2025)