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G-1213 - 05/24/2022 - SIGNS - Ordinances THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NO. 2022-SNGS-PRW-G-1213 AN ORDINANCE APPROVING A MORATORIUM ON THE PLACEMENT OF TEMPORARY SIGNS IN PUBLIC RIGHT OF WAY GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 24th day of May, 2022 ORDINANCE NO. 2022-SNGS—PRW-G-1213 AN ORDINANCE APPROVING A MORATORIUM ON THE PLACEMENT OF TEMPORARY SIGNS IN PUBLIC RIGHT OF WAY WHEREAS, the Village of Oak Brook (hereinafter referred to as the "Village") is an Illinois Municipal Corporation organized pursuant to the laws of the State of Illinois; WHEREAS, the Village has in full force and effect a codified set of ordinances which are of a general and permanent nature, which said codified set is known and designated as the Village Code of the Village of Oak Brook, as amended; WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the health, safety and welfare of its residents including the adoption and imposition of certain taxes; WHEREAS, through the Illinois Municipal Code, the Village has the authority to adopt zoning regulations to secure adequate light, pure air, and safety from fires and other dangers, and to otherwise aid in the promotion of public health, safety, comfort and welfare (65 ILCS 11- 13-1); WHEREAS, Title 13 (Zoning Regulations) Chapter 11 (Sign Regulations) Section 7 (Signs Specifically Prohibited In All Districts) generally provides that temporary signs are prohibited and shall not be erected in any zoning district, except as expressly authorized and when approved in connection with temporary uses; WHEREAS, Title 13 (Zoning Regulations) Chapter 11 (Sign Regulations) Section 5 (Classification of Signs) provides in relevant part and generally classifies temporary signs as a sign or advertising display constructed of cloth, canvas, fabric, paper, plywood or other light material and intended to be displayed for a short period of time, not to exceed thirty (30) days within one calendar year. Temporary signage intended for a temporary tenant and intended to be displayed for longer than thirty (30) days is permitted in the B2 district, but only if approved by the property owner and after receiving a sign permit from the village; WHEREAS, Title 13 (Zoning Regulations) Chapter 11 (Sign Regulations) Section 4 (General Provisions) Subsection I (Signs in Rights of Way) provides in relevant part that no sign except governmental signs authorized in this chapter shall be placed in or extend into or over any public property or right of way. Temporary signs advertising civic functions may extend into or over a public right of way upon the specific prior approval of the village manager on the basis of need and impact on pedestrian and vehicular traffic, and impact on surrounding properties; WHEREAS, the definition of a "political sign" provided in Title 13 (Zoning Regulations) Chapter 2 (Definitions) states: "A sign or poster concerning candidates for office, public issues or similar matters. Such signs shall not exceed six (6) square feet in size, shall not be illuminated in any manner, shall not be affixed to any public utility, pole, tree or natural object, nor be located within a public right of way, nor create a safety or sight distance problem."; 2 WHEREAS, Village President and Board of Trustees (collectively the "Corporate Authorities") of the Village of Oak Brook have been made aware that inconsistencies exist throughout the Village Code related to the placement of temporary signs in public right of way; WHEREAS, the Corporate Authorities of the Village are of the opinion that it is in the best interests of the safety, health and welfare of residents that the Village Code be amended to cure inconsistencies related to this activity within the Village; WHEREAS, the Corporate Authorities of the Village are aware that an interim solution is needed while the planning and zoning commissions develop an amendment to the Village Code to cure any inconsistencies; WHEREAS, for the purpose of creating an interim solution to the existing inconsistencies in the Village Code, the Corporate Authorities desire to place a moratorium on the placement of any and all temporary signs in the public right of way until a formal amendment to the Village Code has been adopted by the Village; and WHEREAS, the Corporate Authorities of the Village are of the opinion that that it is in the best interests of the safety, health and welfare of the residents to implement the moratorium referenced herein. NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled by the Village President and Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows: Section One - Recitals The Board of Trustees hereby find that all of the recitals hereinbefore stated as contained in the preamble to this ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this ordinance as legislative findings. Section Two —Approval of Moratorium It is hereby declared that due to the inconsistencies in the Village Code associated with the placement of temporary signs in public right of way the Village hereby places a six month moratorium on the placement of any and all temporary signs in public right of way until the Village can adopt a formal amendment to its Village Code to cure such inconsistencies therein. Section Three— Effective Date That this ordinance become effective immediately after its passage. Section Four- Passage Clause That this ordinance shall take full force and effect from and after its passage, approval and publication as provided by law. 3 Section Five- Constitutionality Clause Any part or parts of this ordinance declared by a court of law to be invalid or unconstitutional shall not affect the validity of the remaining provisions of this ordinance or the Oak Brook Municipal Code. Section Six - Publication This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Seven - Recording This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. PASSED THIS 24th day of May, 2022 Ayes: Trustees Herman, Manzo, Reddy, Tiesenga, Yusuf Nays: None Absent: Trustee Nagle APPROVED THIS 24th day of May, 2022 Gopal G. Lalmalani Village President ATTEST: OL-41 �AV,44_ Charlotte K. Pruss _ Village Clerk �p F 04 4. NO COUIl 4