ZBA Minutes 1999 09-22-99 (Sign Review Board) SIGN REVIEW BOARD MEETING
September 22, 1999, 6:30 p.m.
City Conference Room
111 West Fox Street
Yorkville, IL 60560
Present: Acting Chairman, Joel Ottosen, and members Julie Bromann, Stan Free, and Don
Duffy. A quorum was established.
Also present were Code Official, Bill Dettmer, Mayor Art Prochaska, Appellants John and Joan
Becker, Attorney Leonard J. Wojtecki and court reporter Nancy J. Hopp, C.S.R.
The meeting was called order by Joel Ottosen. The first order of business was to appoint a new
Chairman of the Sign Review Board. Stan Free nominated Joel Ottosen. Julie Bromann
seconded. Voice Vote: Passed.
Bill Dettmer stated that the reason the Board was meeting was to review an interpretation of the
Sign Ordinance dealing with temporary signs. He said the board has three positions they may
take, that is to uphold, modify or reverse the enforcement. This decision will then be sent to City
Council.
Representing Appellants John and Joan Becker was Attorney, Leonard J. Wojtecki. He
discussed whether Mr. Becker's signs came under the Section (98-36) of the Sign Ordinance.
Mr. Becker was sworn in by Nancy J. Hopp, C.S.R. He owns a business called "Here's Your
Sign." He described his portable signs as 4'x8' on a single axle with removable letters. They are
not permanently mounted, and according to Bill Dettmer, conform to the City's general
regulations as to height, area, and setbacks. They are designed to be transported by trailer or by
means of wheels.
Mr. Ottosen asked Mr. Becker if he reviewed the Sign Ordinance prior to buying the business.
Mr. Becker stated he called former Mayor Johnson and quoted Former Mayor Johnson as saying
they did not require permits and believed that within the City there was a two-week maximum
time allowance for the signs. Mr. Becker said the former Mayor never mentioned a Sign
Ordinance dealing with temporary signs, and he thought that the business was grandfathered in
under things that did not apply in the ordinance.
Bill Dettmer explained that the basic question has been how many times can a business have a
special advertising sign. According to Section IX.B., Table II, it is 14 days, three times per year
for advertising and special sales. John Becker is questioning Section IV.A.11 of the Sign
Ordinance.
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Much discussion was held by the board regarding Sections II, N, IX. Mr. Wojtecki stated that
under Section II.3.L., the signs in question are portable. Under Section II.3.Q., they're also
temporary signs. According to Mr. Becker's description, his signs are both portable and
temporary. Looking under Section N.A., Permitted Signs, it says, "Unless otherwise stated,
signs listed in Section A are permitted in all zones and shall not require a sign permit." Mr.
Wojtecki said Section N contradicts itself when you get to 11. The last sentence of it reads
"Such signage must be removed by close of business of the day the temporary sign permit
expires." Further confusing permit requirements was Section IX.B.1. Mr. Wojtecki again stated
Mr. Becker's signs fell under Section IV.A..11. He stated that our Sign Ordinance is vague and
too confusing for the average citizen to interpret. If the ordinance has to be interpreted by a
Board, something is wrong.
Joel Ottosen said the intent of the ordinance to have signs up for short periods of time.
Businesses may have them for special events,but on a temporary basis, not 52 weeks per year.
Mr. Becker stated that he believed the spirit of the ordinance and what it actually says are two
different things. Mr. Wojtecki argued that there are many definitions of "special events of
businesses."(W.A.11.) Also, what is a "public service group?" Julie Bromann answered that
you can't possibly list everything. She pointed out that Mr. Becker bought this business without
knowing a Sign Ordinance existed, and the burden lies on the individual that is doing business to
determine whether or not there are ordinances in existence. John Becker agreed. Mr. Wojtecki
said if Mr. Becker had brought the ordinance to him, he would have interpreted it to say his signs
were permitted and did not need a permit. Mr. Wojtecki also conceded that you could also
interpret the ordinance as saying you could not.
Bill Dettmer stated that his interpretation is to apply this as a temporary permit because Mr.
Becker's signs weren't political or charitable signs. There was advertising for business for profit.
The fee for each sign of$35 was discussed. Mr. Becker thought it was too high for his type of
signs and asked for a modification to the fee schedule.
Mr. Duffy stated that the board had agreed that Mr. Becker's signs are temporary by virtue of the
definitions in Section IV. Mr. Ottosen clarified that their purpose was to say what requires a
permit. They would make a determination that would be forwarded to City Council, who would
make the final decision.
Mayor Prochaska asked, "Because Mr. Becker made reference to speaking with the former
Mayor, and having gone through the trouble of having an attorney and a court reporter, did he
invite the former Mayor to this meeting?" Mr. Becker responded that he did not, and didn't
know where to find him. Mayor Prochaska stated that the City could have found him for him.
Bill Dettmer said that Attorney, Melissa Barnhart advised him that since John Becker is going
through an appeal, he is stayed from any enforcement until after the hearing. Tonight's hearing
has basically been on Section N.B.,permits for temporary signs, cost, and duration.
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Don Duffy made a motion that they as a board shall affirm the decision of the Code Official, Bill
Dettmer in the action before us. Stan Free seconded.
Stan Free Yes Julie Bromann No
Don Duffy Yes Chairman Ottosen Yes
Motion passed: 3 to 1.
Stan Free made a motion to recommend to the City Council that the ordinance be modified —
look to be modified to clarify some of these issues that are in question. Don Duffy seconded.
Stan Free Yes Julie Bromann Yes
Don Duffy Yes Chairman Ottosen Yes
Motion passed: 4 to 0.
More discussion was held regarding the$35 fee for every sign. Mr. Becker said$35 is more than
he charges for a day. He said it will eliminate or minimize his business, especially when he can
only put in on a parcel for three days. Bill Dettmer explained that the fee was established three
or four years ago by the City Council. It covers the expense of inspecting each sign. Mayor
Prochaska said the whole ordinance went through staff and through the Chamber of Commerce
before it was passed. There was input from the entire community before that ordinance was put
into law.
Joel Ottosen asked if you can't have off-premise signs, why can Mr. Becker put his signs at the
Shopper location. Bill Dettmer explained that the Shopper had a special three-year moratorium.
The owner of the Shopper was clearly informed of the laws and what he needed to do about these
signs. He was written a letter when the dispensation time elapsed. John Becker said he had a
special agreement with the owner of the Shopper and he has only one sign on that property now.
Mr. Becker doesn't know yet if he will be able to keep his sign there once the property is sold.
Bill Dettmer offered to do a study of at least 10 to 15 surrounding towns. Fees would be
compiled for permanent as well as temporary signs. This study would be shared at the next Sign
Review meeting.
Stan Free made a motion to ask Mr. Dettmer to do an investigation of what the temporary sign
permit fees are in the surrounding communities. Julie Bromann seconded. Voice Vote: Passed.
More discussion was held regarding how many signs some locations could have. Countryside,
for example, is considered one parcel, even though there are several businesses located there.
Mr. Dettmer explained that unless the parcel is subdivided, they only get one sign.
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Julie Bromann moved that the duration of temporary signs shall not exceed the time shown in
Table II of Section 9, Subsection B. Stan Free seconded.
Stan Free Yes Julie Bromann Yes
Don Duffy Yes Chairman Ottosen Yes
Motion passed 4 to 0.
Bill Dettmer said the Sign Review Board's recommendations will be submitted, and forwarded
to the City Council. Mr. and Mrs. Becker will be notified of that meeting.
The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
.N e E.French, Recording Secretary
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