HomeMy WebLinkAboutOrdinances - MC-15-1111 - 07/20/2015 - Nonconforming SignORDINANCE NO. MC-15-1111
An Ordinance Amending Chapter 7.50 Signs, of the
City of McHenry Municipal Code
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the State of
Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers
and functions as granted in the Constitution of the State of Illinois.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MCHENRY, MCHENRY COUNTY, as follows:
SECTION 1: That Chapter 7.50, Signs, Sec. 7.50.2, Subsection E, Paragraph 2) of the
City of McHenry Municipal Code, shall be amended by deleting it in its entirety and replacing it
with the following:
E. Nonconforming Signs.
2) Other Signs
All other non-exempt signs lawfully existing, or holding Sign Permits, issued prior to
the date of adoption of this Ordinance, but which are not in conformance with these
regulations, may be continued as nonconformities until such time as at least one of the
following thresholds are met:
• A property on which a nonconforming sign is located is vacant for a period of 90
consecutive days (this does not apply to individual units of multiple tenant
buildings but rather to the entire property); or
• A property has any change in use; or
• A permit for the replacement, alteration, enlargement, or structural change of any
kind (other than for change of face) is requested; or
• The nonconforming sign is identified as "unsafe" by the Zoning Administrator.
Further, no existing nonconforming sign may otherwise be replaced with another
nonconforming sign. Nonconforming signs shall be subject to all the requirements
governing the continuation of nonconforming structures as provided in the regulations
governing Nonconformities in the Ordinance.
SECTION 2: That Chapter 7.50, Signs Sec. 7.50.3, Subsection A, Paragraph 4) of the
City of McHenry Municipal Code, shall be amended by deleting it in its entirety and replacing it
with the following:
A. Permits.
4) Removal of Unsafe, Abandoned, or Unlawful Signs
Any sign as defined herein that no longer identifies a business, activity, event,
service conducted or product, service, or entertainment sold on the premises where
the sign is located shall be considered abandoned. An abandoned sign shall be
removed in its entirety by the property owner within 90 consecutive days after such
business, activity, event, or service ceases operation, product, service or
entertainment is no longer sold on the premises. In lieu of removing an abandoned
sign in its entirety, a property owner must remove all identification on the sign
pertaining to the former business and shall install a blank, "neutral color" panel
"consistent with the existing sign structure," in the area containing the sign's
message.
If upon inspection the Zoning Administrator finds that a sign is unsafe, or in any way not in
compliance with City ordinances, he or she shall issue a written order to the property owner
stating the nature of the violation and requiring the repair, replacement, or removal of the sign
within three days of the date of the order.
If after three days of issuance, an order has not been complied with, or if a sign constitutes an
immediate hazard to the public safety, the matter shall be referred to and addressed in accordance
with the provisions of Chapter 2.25 Administrative Adjudication of the Municipal Code.
SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this
ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain
and continue in full force and effect.
SECTION 4: All ordinances or parts thereof in conflict are hereby repealed to the extent
of such conflict.
SECTION 5: This ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form as provided by law.
Voting Aye: CONDON, WIMMER, CURRY, SCflAEFER, GLAB, SANTI
Voting Nay: NONE
Not Voting: NONE
Abstaining: NONE
Absent: PETERSON
Passed and approved this 20t" day of July 2015.
SIGNED:
Mayor
ATTEST:
it Clerk