§ 155.216. SIGN REVIEW.

(A)

Required: Except for the following, no person may erect, construct, repair, alter, or relocate within the Olde Schaumburg Centre District any sign unless a sign review has been completed by the Olde Schaumburg Centre Commission or its subcommittee:

(1)

Exempt signs.

(2)

Temporary signs.

(3)

Window signs.

(4)

Signs which meet standards set forth in title 15, chapter 155 of this Code.

(5)

Routine maintenance or changing of the parts or copy of a sign, provided that the maintenance or change of parts or copy does not alter the surface area, height, color, lettering style, number of items of information displayed, or otherwise render the sign nonconforming.

(B)

Processing:

(1)

Application: An application for sign variation review shall be filed with the director of community development or his/her authorized designee on forms provided by the village. The director of community development or his/her authorized designee shall forward such application to the Olde Schaumburg Centre Commission or Subcommittee for review and recommendation to the village board. Upon approval by the village board, the community development department shall then process the original sign application to the community development department.

(2)

Commission or Subcommittee Recommendation: The Olde Schaumburg Centre Commission or Subcommittee shall forward its recommendations in a written report to the village board within a reasonable time, usually within thirty (30) days following the date of meeting held to review the proposed sign, unless the application is withdrawn by the petitioner. Any negative or failed recommendation made by the subcommittee may be appealed to the Olde Schaumburg Centre Commission for another review and final recommendation to the village board.

(3)

Determination: The village board, upon receipt of the report and recommendation of the Olde Schaumburg Centre Commission or its subcommittee may grant by ordinance or deny any proposed sign in accordance with the applicable statutes of the State of Illinois, or may refer it back to the Olde Schaumburg Centre Commission or other committee for further consideration.

(C)

Variations: The Olde Schaumburg Centre Commission or Subcommittee may recommend approval of a variation from the provisions of the Olde Schaumburg Centre Sign Ordinance only where the following are addressed:

(1)

Guidelines:

(a)

The literal interpretation and strict application of the provisions and requirements of the ordinance would cause "undue and unnecessary hardships" to the sign owner in such a way as to prevent the owner from displaying the sign as intended by this subchapter. The owner of the property requesting the sign variation must submit in writing documentation on what the "condition of hardship" consists of;

(b)

The alleged difficulty or hardship must be clearly exhibited and must be a result of an external influence or this subchapter and not be self-imposed or created by any person having an interest in the property;

(c)

The requested variation will not be materially detrimental to nearby property owners. The definition of "not materially detrimental" refers to a sign that does not endanger or cause injury to the public, damage public improvements, or impair property values;

(d)

The unique and unusual conditions applying to the specific building, parcel or property upon which the sign is to be erected do not apply generally to other properties in the district; and

(e)

The granting of the variation will not be contrary to the general objectives of this subchapter regarding the size, number and placement of signs so that they are not obtrusive; and to reduce clutter along village rights-of-way.

(2)

Standing: A petition for a variation from any provision of this subchapter may be made by any person having a proprietary interest in the sign for which the variation is requested.

(3)

Filing: A variation request shall be filed in writing with the community development department and shall be accompanied by such information as established from time to time by the village and kept on file in the community development department.

(4)

Public Hearing:

(a)

Timing: The Olde Schaumburg Centre Commission or Subcommittee shall hold a public hearing on a variation request within thirty (30) days of receipt of a complete petition.

(b)

Attendance: The petitioner or his/her authorized representative and the director of community development or his/her authorized representative shall attend those meetings of the commission or subcommittee at which a variation is to be heard.

(c)

Recommendation: The commission or subcommittee shall forward its recommendation to grant, deny, wholly or in part, or modify said variation request to the village board for a final determination within a reasonable time, usually thirty (30) days following the date of public hearing on each application, unless it is withdrawn by the petitioner.

(d)

Village Board Determination: Within thirty (30) days of receipt of the commission's or subcommittee's recommendations, the village board, upon the majority vote of its membership, shall grant, deny, wholly or in part, or modify said variation request as it determines appropriate and to that end shall have all the powers of the offices from which the requested variation was taken.

(e)

Effect of Village Board Denial: No requested variation which has been denied wholly or in part by the village board in accordance with the provision established herein, may be resubmitted for a period of one (1) year from the date of said denial, except on grounds of new evidence of proof of changed conditions found to be valid by the village board.

(f)

Village Board Revocation: In any case where a variation had been granted, and where no work pertinent thereto has been initiated within one (1) calendar year from the date of village board approval of the requested variation, then without further action by either the Olde Schaumburg Centre commission or the village board, said variation shall become null and void.

(g)

Maintenance of Records: The community development department shall maintain complete records of all findings of fact and recommendation of the Olde Schaumburg Centre Commission and Subcommittee and all determinations of the village board relative to a requested variation. All such records shall be open to the public for inspection.

(D)

Appeals: An appeal may be taken to the Olde Schaumburg Centre Commission by any person or entity aggrieved by an order, requirement, decision, determination, or interpretation of the director of community development or other village official acting within the authority of this subchapter.

(1)

Petition for Appeal:

(a)

Standing: An appeal must be filed within thirty (30) days after the alleged erroneous order, requirement, decision, determination or interpretation.

(b)

Filing: An appeal shall be filed in writing with the director of community development or his/her authorized designee, and shall be accompanied by such documents and information as the Olde Schaumburg Centre Commission may by rule require.

(c)

Fees: Each appeal to the Olde Schaumburg Centre Commission shall be accompanied by a three hundred twenty-five dollar ($325.00) fee to be paid at the time of the filing of the appeal.

(d)

Transmittal of Record: The director of community development or his/her authorized designee shall, at the time of filing of an appeal, forthwith transmit to the Olde Schaumburg Centre Commission all of the documents constituting a record upon which the action appealed from was taken.

(e)

Effect of Appeal: An appeal shall stay all proceedings in furtherance of the action appealed from, unless the director of community development or his/her authorized designee certifies to the Olde Schaumburg Centre Commission, after the appeal has been filed with the director of community development or his/her authorized designee, that, by reason of the facts stated in the application, a stay would in his/her opinion cause imminent peril to life or property. In such a case, the proceeding shall not be stayed unless a restraining order is issued by the village board or by a court of record, and then only if due cause can be conclusively shown.

(2)

Public Hearing:

(a)

Timing: The Olde Schaumburg Centre Commission shall hold a public hearing on an appeal within thirty (30) days of its completed written filing.

(b)

Attendance: The petitioner or his/her authorized representative and the director of community development or his/her authorized representative shall attend those meetings of the commission at which an appeal is to be heard.

(c)

Recommendation: The commission shall forward its recommendation to grant, deny, wholly or in part, or modify said appeal request to the village board for a final determination within a reasonable time, usually thirty (30) days following the date of public hearing on each application, unless it is withdrawn by the petitioner.

(d)

Village Board Determination: Within thirty (30) days of receipt of the Olde Schaumburg Centre Commission's recommendations, the village board, upon the majority vote of its membership, shall grant, deny, wholly or in part, or modify said appeal as it determines appropriate and to that end shall have all the powers of the offices from which the appeal was taken.

(e)

Effect of Village Board Denial: No appeal which has been denied wholly or in part by the village board in accordance with the provision established herein, may be resubmitted for a period of one (1) year from the date of said denial, except on grounds of new evidence of proof of changed conditions found to be valid by the village board.

(f)

Maintenance of Records: The community development department shall maintain complete records of all findings of fact and recommendation of the Olde Schaumburg Centre Commission and all determinations of the village board relative to an appeal. All such records shall be open to the public for inspection.

(Ord. 2163, passed 9-14-1982; Am. Ord. 97-90, passed 8-12-1997; Am. Ord. 01-104, passed 7-24-2001; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 10-062, passed 6-8-2010; Am. Ord. 16-004 , passed 1-12-2016; Am. Ord. 18-007 , passed 1-9-2018)