ORDINANCE NO. ______
ORDINANCE AMENDING THE
BILLBOARD REGULATIONS IN THE CITY OF LINCOLN
WHEREAS, the City of Lincoln is a municipal corporation situated
in Logan County, Illinois; and,
WHEREAS, the City of Lincoln has certain Ordinances pertaining to
billboards and signs found in Chapter 7 of Title 4 of the City Code
of the City of Lincoln; and,
WHEREAS, the City Council of the City of Lincoln believes that
such Ordinances, as hereinabove referred to, need to be redrafted
and should be modified, amended, and redrafted in order to provide
for more current rules and regulations with respect to billboards
within the City limits of the City of Lincoln, Logan County,
Illinois; and,
WHEREAS, the City Council of the City of Lincoln believes that
such Ordinances regulating billboards within the City are necessary
because billboards can detract from the aesthetic beauty of the
City; and,
WHEREAS, the City Council believes that the existence of
billboards throughout the City could be detrimental to the safety of
motorists in the City and believes billboards should be regulated
for safety reasons; and,
WHEREAS, the City Council believes that unregulated billboard
proliferation may contribute to a lowering of residential and
commercial property values; and,
WHEREAS, the City Council believes it is in the best interest of
the citizens of Lincoln, Logan County, Illinois, that such billboard
regulations be amended and that the regulation of billboards is a
proper use of the Citys Police Power.
NOW, THEREFORE, the City Council of the City of Lincoln, Logan
County, Illinois, does hereby amend the City Code in the following
regards:
1. That Chapter 7 of Title 4 and all subsections of the City Code
of the City of Lincoln is hereby deleted, and the following Chapter
7 and Subsections are substituted in place thereof:
"Chapter 7: Billboards
4-7-1: Billboards Definition:
a) Billboards: The term "billboard" is hereby defined to mean any
structure with a square footage of more than 200 square feet
directing attention to or advertising a business, commodity,
service, product or property.
b) Panel: The term "panel" shall mean any advertising surface
having a square footage of 110 feet or more.
4-7-2: Enforcement Authority:
It shall be the duty of the Building and Safety Officer to
enforce the provisions of this Chapter, and he is hereby authorized
to do so.
4-7-3: Permits Required:
1. Required: It is unlawful to construct a billboard within the
City without having first secured a permit therefore from the
Building and Safety Officer.
2. Application: Applications for billboard permits shall be made
in writing to the Building and Safety Officer. Each application
shall state thereon the name of the owner of the premises where the
Billboard is to be located, the name of the person or entity
constructing the billboard, and specifications showing the size,
material, cost and manner of construction of the billboard, with
plans sealed by our Illinois Registered Architect or Structural
Engineer.
3. Fee: The fee for a permit to construct any such billboard
shall be assessed utilizing the current schedule in the Building and
Safety office for all building permits.
4-7-4: Billboard Requirements:
1. Billboards Limited: Billboards must meet the following
requirements:
a) A billboard may only be placed on lands zoned C2, I-1,
and I-2
b) The billboard must comply with all provisions of
subsections C2, I-1, and I-2 of Title 11, Chapter 5 and
Title 11, Chapter 6 of the City Code.
c) No billboard shall have more than four (4) panels.
2. Size, Height and Mounting of Billboards: The size, height and
mounting of billboards shall be regulated by the following.
a) The maximum area for any one billboard panel shall be
three hundred (300) square feet with a maximum vertical
dimension of fifteen feet (15) and a maximum horizontal
dimension of twenty feet (20) inclusive of boarder and trim
but excluding the base or apron, supports, and other
structural members.
b) The maximum height of a billboard shall not exceed
fifty-five feet (55) in a C-2 zone; fifty-five feet (55)
in a I-1 zone, or seventy-five feet (75) in a I-2 zone
above the natural grade where the sign is installed.
c) No sign shall be located on the roof of a building or
on a non-sign structure.
d) Billboards shall be free standing and not attached to
any other structure or building.
e) Billboards may be stacked such that a billboard panel
is placed immediately above or below another billboard
panel, but no more than two high.
f) No billboard shall have blinking, flashing or
fluttering lights or illuminating device of variable light
intensity, brightness or color.
3. Separation Requirements: No billboard or any part of the
billboard structure shall be erected:
a) Within two hundred feet (200) of any residentially
zoned property; or,
b) Within fifty feet (50) of any existing building; or,
c) Within two hundred feet (200) of any park,
playground, school, library or place of worship; or,
d) Within fifty feet (50) of an overhead power line; or,
e) Within three hundred feet (300) of another billboard;
or,
f) Within fifty feet (50) of a City right of way.
4. Inspection Reports: Whenever a billboard is erected or
maintained within the City, the owner of such billboard shall cause
an inspection of it at least every five (5) years and a photocopy of
the inspection report shall be submitted to the Building and Safety
Officer.
4-7-5: Billboard Violations:
1. Any person erecting or constructing a billboard or billboards
in violation of this section shall, upon conviction, be fined not
less than one hundred dollars ($100.00) nor more than five hundred
dollars ($500.00) and a further fine of one hundred dollars
($100.00) per day after such construction in violation of this
chapter that such billboard or billboards shall be maintained and
until such billboard or billboards shall be removed or brought into
compliance.
2. Whoever shall erect, keep, or maintain any billboard or board
for advertising, upon any ground or place, or whoever keeps, or
maintains any billboard or board for advertising purposes, upon any
private premises adjacent to any sidewalk, street or footway, the
same being so erected as to occasion danger or inconvenience to the
public, shall be deemed guilty of erecting a nuisance, and be fined
not less than twenty five dollars ($25.00) nor more than one hundred
dollars ($100.00)
4-7-6: Nonconforming Billboards:
1. Purpose: The purpose of this section is to provide for the
regulation of billboards that legally existed prior to the effective
date hereof, but which fail to comply with one or more of the
applicable regulations or standards. It is the intent of this
section to specify those circumstances and conditions under which
such nonconformities shall be permitted to continue.
2. Applicability: This section applies to nonconforming
billboards that were originally allowed and have been maintained
over time. These billboards have legal nonconforming status and may
continue so long as they are otherwise legal. Nonconforming
billboards that were not permitted when they were established and
have been maintained over time have no legal right to continue and
shall be terminated.
3. Status of Legal Nonconforming Billboards: Any billboard which
was lawfully established, erected or affixed prior to the effective
date hereof and which complied with all regulations in force at the
time it was erected or affixed, but which fails to conform to all
applicable regulations and restrictions of this title, shall be
considered a legal nonconforming billboard. A legal nonconforming
billboard may be continued so long as it is otherwise in conformance
with these standards and is maintained in good condition. The owner
of a nonconforming sign or billboard shall register the billboard
with the Building and Safety Official and shall provide
documentation of the prior existence of the nonconformity within
twelve (12) months of notification by the City of the nonconformity.
Documentation shall include:
a) A dated receipt for sale or erection from a contractor; or,
b) Dated utility bills for separate meter to service the
billboard; or,
c) Advertisements with a photograph of the billboard in
dated publications; or,
d) Other evidence showing that the billboard existed
prior to the effective date hereof.
4. Certificate Of Nonconforming Use: If the Building and Safety
Officer determines that the nonconforming billboard was permitted at
the time and has been legally maintained over time, the Building and
Safety Official will issue a certificate of nonconforming use to the
applicant.
5. Conditions Under Which Legal Nonconforming Billboards Are
Permitted: An existing nonconforming billboard may continue to be
used subject to the following conditions:
a) The message displayed on a nonconforming billboard may
be changed, and painted messages on a nonconforming
billboard may be repainted.
b) A nonilluminated, nonconforming billboard shall not be
illuminated.
c) A nonconforming billboard may be changed or altered
for the express purpose of making it a conforming billboard.
d) In order to eliminate an unsafe condition(s), the
Building and Safety Officer may order that repairs and/or
alterations be made to a nonconforming billboard. Such
ordered repairs shall be the minimum necessary to correct an
unsafe situation(s).
e) The type of materials used in the construction of the
structural elements of a billboard shall not be changed
after the date the billboard becomes a nonconforming
billboard nor shall structural alterations be made to a
nonconforming billboard.
f) Nothing contained in this section shall be construed
so as to permit the enlargement of a nonconforming
billboard.
6. Conditions Under Which Nonconforming Billboards Are Not
Permitted: Under the following conditions, a nonconforming billboard
shall be removed or brought into conformance with this title:
a) Illegal Billboard: The billboard was not established
or expanded in conformance with the regulations of the
chapter or previous ordinances adopted by the city to
regulate advertising and billboards.
b) Destruction of Damage: If any nonconforming billboard
is destroyed or damaged to the extent of fifty percent (50%)
or more of the original cost of the billboard and its
structure, as determined by proof submitted by the owner to
the satisfaction of the Building and Safety Officer, the
billboard shall not be replaced.
c) Excessive Maintenance Or Repairs: If the value of
maintenance or repairs to ensure the safety and compliance
of the billboard with the regulations of this Chapter is
fifty percent (50%) or more of the fair market value of the
billboard prior to the repairs, the billboard shall be
brought into conformance with the provisions of this
Chapter. Value shall be based on material costs and labor
based on prevailing wage rates.
d) Cessation Of Use of Property: A nonconforming
billboard shall be removed or made to conform to all the
requirements of this Chapter if one of the following occurs:
i) The use of the property for which the
billboard was intended to advertise is discontinued
for a period of ninety (90) consecutive days.
ii) The products or services offered on the site
for which the billboard was intended are no longer
offered for a period of ninety (90) consecutive
days.
iii) The nonconforming billboard ceases to be
used for the purpose for which it was intended for a
period of ninety (90) consecutive days.
e) Prohibited Nonconforming Billboards: Any billboard
that is prohibited under this Chapter shall be removed or
made to conform to the current billboard regulations within
thirty (30) days of receipt of a notice of nonconformity."
2. That should any clause, sentence, or paragraph of the
above-noted Ordinance be declared invalid by any Court of competent
jurisdiction, such invalidity shall not affect any other portion of
said Ordinance.
3. That this Ordinance shall be in full force and effect from and
after its passage, approval, and publication in pamphlet form as
provided by law.
The vote on the adoption of this Ordinance was as follows:
|
Alderwoman Anderson _____
Alderwoman Tibbs _____
Alderman Busby _____
Alderman
Hoinacki
_____
Alderwoman Horn _____
|
Alderman Henrichsmeyer
_____
Alderman
Prather
_____
Alderman Armbrust
_____
Alderwoman Rohlfs
_____
Alderman Neitzel
_____ |
Yes:
_____________________________________________________________
Nays:______________________________________________________________
Absent:____________________________________________________________
Abstentions:_______________________________________________________
Passed and approved this _____ day of ___________, 2008.
CITY OF
LINCOLN
BY:__________________________________
Elizabeth A. Davis-Kavelman, Mayor
City of Lincoln,
Logan County, Illinois
ATTEST: ________________________________(SEAL)
City Clerk, City of Lincoln,
Logan County, Illinois
