TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION SUBCHAPTER f: HIGHWAYS PART 522 CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS SECTION 522.50 PERMIT APPLICATION CONTENTS
Section 522.50 Permit Application Contents
a) The permit application shall be a form prescribed by the Department. The application shall require the applicant to provide specific information necessary for the Department to determine whether a permit should be issued.
b) The following additional documentation shall be attached to the permit application:
1) Verification as to the zoning classification for the proposed sign location. For proposed signs along Interstate highways, the documentation shall show whether the site lies within incorporated limits as they existed on September 21, 1959, and, if not, the land use as it was zoned on September 21, 1959. If the site was not zoned on September 21, 1959, or is not zoned now, this shall be stated.
A) Verification of zoning classification will consist of an ordinance, certification by the current zoning official and any other documentation that shows the zoning classification. The zoning certification must be submitted on the local governing agency's letterhead and must certify to the site's zoning classification as well as to the site's adherence to the September 21, 1959 criteria prescribed in subsection (b)(1) of this Section.
B) Zoning must be comprehensive. Signs will not be permitted on spot zoned land or land on which the only plausible commercial or industrial use is outdoor advertising.
C) When the application is for a site in a newly zoned commercial or industrial area and no commercial or industrial site development is evident, the zoning certification must certify to the site's pending commercial or industrial use. For purposes of this subsection (b)(1)(C), "newly zoned" means zoning that occurs from time-to-time when market conditions warrant a change of land use. As evidence of pending commercial or industrial use, the application shall include a site plan that has been approved by the local zoning authority. If an approved site plan does not exist, the application shall include a statement by the local zoning authority certifying to the existence of utilities, roads and streets necessary to support commercial or industrial development.
2) Illinois State Plane Coordinates or reference to latitude/longitude coordinates for the proposed location, as well as a site drawing of the proposed location. The site drawing for business area signs other than on premise signs and signs that advertise the sale or lease of property on which they are located shall contain at least the following information:
A) The exact location of the proposed sign.
B) The distance as measured along the edge of the highway pavement between the proposed sign and the nearest existing signs other than on premise signs and signs that advertise the sale or lease of property on which they are located, whether illegal or legal as long as the sign is visible from any place on the main traveled way of the highway regardless of which highway the sign's message is primarily intended to face and, in urban areas, is within 660 feet of the nearest edge of the highway right-of-way. Measured distances between the proposed sign and the nearest existing sign shall be as prescribed in the table in subsection (b)(3).
C) The distance between the proposed sign and the nearest edge of the highway right-of-way.
D) For signs located along interstate highways or expressways outside incorporated municipalities, the distance between the proposed sign and the beginning or ending of pavement widening for any interchange within 600 feet.
3) For signs with display area in excess of 150 square feet, the site drawing shall contain all of the information required in subsection (b)(2) of this Section, and, in addition, shall be prepared or approved by a land surveyor licensed by the State of Illinois and shall show measured distances between the proposed sign and the nearest existing sign according to the following table:
4) For signs with display area in excess of 150 square feet, a current title commitment or other evidence of title showing ownership of the proposed site.
5) Whenever the applicant does not own the proposed site, a certificate of good corporate standing from the Illinois Secretary of State's Office will be required, as well as a fully executed site lease, contract to purchase or other proof of consent to erect and maintain a sign on the site. Leases shall contain all riders. Rents need not be shown. All changes made to the lease, contract to purchase, or consent which are related to the requirements of this Part shall also be submitted to the Department. Whenever the lease, contract to purchase or consent is not signed by the property owner, proof of authority shall also be provided. A lease, contract to purchase, or other form of consent to erect and maintain a sign that is subject to a permit being issued by the Department to erect a sign will be considered a valid and binding document. If the lease, contract to purchase or other consent to erect and maintain a sign is terminated prior to the erection of the sign, the permit is void.
6) For on-premise signs, a plat or survey shall be provided showing the location of the sign, the location of the activity being advertised, and the distance to the nearest edge of the highway right of way.
7) For signs that advertise the sale or lease of property on which they are located, a site drawing shall be provided showing the location of the sign and the distance to the nearest edge of the highway right-of-way.
8) For signs described by Section 522.210, the distance in air miles between the proposed sign and the activity advertised.
9) A copy of written notice by the applicant to the municipality where the sign is to be located, or to the county where the sign is to be located in an unincorporated area, of the fact that an application has been filed with the Department. A copy of the completed application form shall be forwarded to the municipality or county.
10) Remittance of the non-refundable application fee by check or money order payable to the Treasurer of the State of Illinois. As of July 1, 1993, the application fee shall be as follows:
A) For signs of less than 150 square feet, the fee shall be $50.
B) For signs of at least 150 but less than 300 square feet, the fee shall be $100.
C) For signs of 300 or more square feet, the fee shall be $200. (Section 8 of the Highway Advertising Control Act of 1971) [225 ILCS 440/8]
D) The square feet shall be measured by the smallest square, rectangle, triangle, circle, or combination that will encompass the entire display area. If one side of the sign provides for more display area than another, the measurements will be made on the larger side.
11) For signs to be located along Interstate highways in business areas on parcels of land located in areas which were unzoned on September 21, 1959, proof based on contemporaneous historical records of State actions that the land use on September 21, 1959 was business, commercial or industrial, must be submitted with the permit application.
12) When a permit has previously been issued for a specific sign at a specific site and the holder of that permit wishes to change that permitted sign in a manner that would require the issuance of a new permit, the applicant must provide a copy of the original permit application identifying the permit number and application approval. This type of application will also require the following:
A) A statement that the application is being submitted in order to improve an existing permitted sign and that this action will not cause any violations pursuant to the requirements of the Act and this Part.
B) The removal of the existing permitted sign will occur prior to the erection of any other sign approved as a result of this permit application.
C) All other requirements of the Act and this Part are satisfied without conditions.
c) The applicant shall certify that all of the information provided is true and accurate and that the applicant is not the owner of, or affiliated with an owner of, an abandoned or illegal sign as defined by this Part. This certification shall be supported by an oath or affirmation acknowledged by a notary public.
(Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011) |