Amherst City Zoning Code
CHAPTER 1149
Signs
1149.01 STATEMENT OF PURPOSE.
The purpose of this chapter is to permit such signs as will not, by reason of their size, location, construction or manner of display, endanger life and limb, confuse or mislead traffic, obstruct vision necessary for traffic safety, or otherwise endanger the public morals, health, or safety; and further, to regulate such permitted signs in such a way as to create objectives and to prevent such signs from causing annoyance or disturbance to the citizens and residents.
(Ord. 86-30. Passed 4-28-86.)
1149.02 DEFINITIONS.
(a) For the purpose of this chapter, certain terms and words are hereby defined.
Words used in the present tense include the future; the singular number includes the plural and the plural the singular; and the word "shall" is mandatory and not directory.
(1) “Billboard or poster panel” means a sign structure especially built for the display of characters, lettering, or illustration produced on paper sheet, or otherwise applied to the surface or sign structure.
(2) “Building Official” means the Building Inspector, or his/her designated representative, of the City established pursuant to ordinances of the City and State statutes.
(3) “Business center” means a group of two or more contiguous stores or an industrial park developed as a planned complex.
(4) “Business center sign” means a sign which gives direction and identification to a group of two or more contiguous stores or an industrial park developed as a planned complex.
(5) “Business sign” means a sign which directs attention to a business or profession conducted or to a product service activity sold or offered upon the premises where such sign is located.
(6) “District” means a zoning district specified in the Zoning Code of the City of Amherst, Ohio.
(7) “Edge of roadway” means the private property line of the edge of the roadway pavement or curbing inside or outside of the right-of-way.
(8) “Electronic changeable message sign” means a sign whose alphabetic, graphic or symbolic informational content or display, either in whole or in part, composed of electrically illuminated or mechanically driven changeable segments, may be changed or altered by means of electrical, electronic or computerized programming.
(9) “Entrance way sign” means a sign that designates the entranceway to a residential, commercial or industrial subdivision.
(10) “Excessive brightness” means any sign that emits more than ten (10) foot-candles of light as calculated or measured with a foot candle light meter at a distance of one (1) meter (approximately 3'-3") measured perpendicular from the center of any sign face or which produces light as measured at the boundary line of any residential lot in proximity to the sign of 0.5 lumens.
(11) “Flashing sign” means any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use.
(12) “Freestanding sign” means a portable sign not permanently anchored or secured to either a building or the ground, such as, but not limited to, “A” frame, poles temporarily driven into ground, T shaped or inverted T shaped sign structures.
(13) “Ground pole sign” means a sign supported by one or more uprights, poles or braces placed in or upon the ground surface, and not attached to any building.
(14) “Identification sign” means a sign that identifies the business name, owner or resident and/or the street address and which sets forth no other advertisement.
(15) “Illuminated sign” means a sign that provides artificial light by either emission or reflection.
(16) “Lineal foot of ground floor business” when used in determining area of a sign, means the length of the interior dimension of the first floor business frontage.
(17) “Marquee sign” means an identification or business sign attached to a marquee, canopy or awning projection from the building.
(18) “Off-premises advertising sign” means a sign which contains a message unrelated to a business or profession conducted or to a commodity, service or activity, sold or offered upon the premises where such sign is located.
(19) “Painted window sign” means any lettering, numbers, logo, design, etc., painted or adhered directly to the interior or exterior of window glass.
(20) “Portable sign” means a freestanding sign not permanently anchored or secured to either a building or the ground, such as but not limited to “A” frame, poles temporarily driven into ground, T shaped, or inverted T shaped sign structures.
(21) “Premises” means property, or contiguous parcels of property which is at least fifty percent (50%) owned by an individual, individually through stock ownership, land contract or lease.
(22) “Projecting sign” means a sign which is affixed to any building or structure other than a marquee and projects in such a way that the message is not parallel to the wall to which it is attached.
(23) “Required setback” means the minimum setback required for the respective district as specified in the Zoning Code of the City of Amherst, Ohio. Setback when used in determining sign area shall be the distance the sign is from the property line.
(24) “Right-of-way” means the roadway, shoulders, berm, ditch and slopes extending to the right-of-way limits under the control of the State or local authority.
(25) “Sandwich board Sign” means a portable sign not permanently attached to either a building or the ground consisting of a top hinged “A” frame design.
(Ord. 16-05. Passed 2-22-16.)
(Ord. 16-19. Passed 5-23-16.)
(27) “Sign” means a name, identification, description, display, device, structure or illustration which is affixed to, or painted, or otherwise represented directly or indirectly upon a building, structure or parcel of land, and which directs attention to an object, project, place, activity, person, institution, organization or business.
(28) “Sign outdoor display structure” means a device designed or used to display, incorporate, hold or otherwise exhibit an outdoor advertising sign.
(29) “Special event sign” means a sign erected temporarily for the purpose of notifying the general public of an upcoming public event, function, etc.
(30) “Surface area” means the entire area within a circle, triangle, a parallelogram or any other configuration enclosing the extreme limits of writing, representation, emblems or any figure of similar character together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign.
(31) “Temporary sign” means a sign, banner or other advertising or informational device with or without a structural frame intended for a limited period of display including, but not limited to, displays for holidays or public events.
(32) “Vending machine” means a currency operated machine for selling small articles or services.
(33) “Wall sign” means a sign which is attached directly to or painted upon a building wall which does not project more than twelve inches therefrom. The exposed face of the sign must be in a plane parallel to the building wall or structure (such as a water tower). The sign must not extend above the height of the building wall or structure.
(Ord. 16-05. Passed 2-22-16.)
1149.03 ON PREMISES ADVERTISING SIGNS.
(Ord. 16-19. Passed 5-23-16.)
1149.04 SCHEDULE OF REGULATIONS FOR ON-PREMISES SIGNS.
The following regulations shall apply to signs permitted in districts as described in Section 1149.03:
Type of Sign Structure | Surface Area per Premises | Height | Placement | Illumination |
Ground Pole or Monument | Maximum shall not exceed 50 sq. ft. of surface area at the property line with 2 sq. ft. additional surface area permitted per one (1) ft. setback up to 40 lineal feet; 2 ½ sq. ft. additional surface area permitted per one (1) ft. setback beyond 40 lineal feet; maximum surface area permitted of 200 sq. ft. | Maximum height of 25 ft. to top of sign. No sign shall exceed the height of the tallest building on the premises by more than 5 ft. | Minimum of 10 ft of unobstructed distance from grade to bottom of sign if located within 10 ft. of the right-of- way or 30 ft. of an intersecting right- of-way | |
Wall or Flat | 2 sq. ft. of surface area per lineal foot of ground floor business. Maximum 200 sq. ft. | The average height of the lettering or components shall not exceed 36 inches | Total sign length shall not exceed ½ of the wall upon which the sign is placed. Projection from the wall shall not exceed 12 inches. | |
Marquee, Canopy or Awning | Maximum surface area shall not exceed 35 sq. ft. | Height shall not exceed top of face or variance of the marquee, awning or canopy | Shall not extend more than 8 ft. nor less than 3 ft. from the face of the building wall | |
Projecting | Maximum surface area shall not exceed 35 sq. ft. for a building width up to 40 lineal feet with a maximum surface area total of 50 sq. ft. permitted on buildings over 40 lineal feet | Height shall not exceed 25 ft. nor extend more than 3 ft. above the roof line | Minimum of 10 ft. of unobstructed distance from grade to bottom of sign if located within 10 ft. of the right-of- way or 30 ft of an intersecting right- of-way | |
All of the above permanent signs | Must be located outside of and not overhang into any right-of-way and be located a minimum of 20 ft. from any residentially zoned property line |
(Ord. 16-19. Passed 5-23-16.)
1149.05 NUMBER OF ON-PREMISES ADVERTISING SIGNS PERMITTED.
(a) In the case of through lots (lots held under one ownership fronting on two streets or a street and public alley), the number of signs shall be determined as though the lots were held by separate owners. In the case of a corner lot situated on two or more streets, signs may be permitted on each street in accord with this chapter, except that only one (1) ground pole sign is permitted on a corner lot.
(b) Each premises (other than a corner lot or through lot as defined above) shall not be permitted more than two (2) signs or any function permitted, provided that the total combined area of both signs does not exceed the area permitted in the largest wall sign on the parcel. Each business occupancy other than the ground floor shall be entitled to one additional business or identification sign. (Not an additional ground pole or freestanding sign). A business center shall be permitted only one (1) ground pole sign for each major thoroughfare frontage; provided, however, that there shall be allowed one (1) business or identification shall (not an additional ground pole or freestanding sign) for each business.
(c) One (1) identification sign not exceeding six (6) sq. ft. designating the name of the business or product furnished may be permitted per rear or side entrance, exit or service window. (Not an additional ground pole or freestanding sign).
(Ord. 16-19. Passed 5-23-16.)
1149.06 TEMPORARY SIGNS.
Temporary signs shall be erected in accordance with the use, area, height and placement of regulations of this Section 1149.06. No permits shall be required for temporary signs which comply with this section.
(a) No temporary sign shall be placed on property without the consent of the owner.
(b) No temporary sign shall be placed in a right-of-way and no temporary sign shall be placed at or near intersecting roadways or rights-of-way in a manner which obstructs the view of the traveling public or which hinders pedestrian traffic. For the purposes of temporary sign placement, rights-of-way shall be defined as:
(1) The area between the edge of the roadway and city sidewalks.
(2) The area between the edge of the roadway and utility poles for properties without city sidewalks.
(3) The area within 15 lineal feet of the edge of the roadway without city sidewalks or utility poles.
(c) No temporary sign shall be illuminated or have moving elements.
(d) No temporary sign shall have a height which exceeds five (5) feet from grade.
(e) No single temporary sign shall have an area on a single face of the sign which exceeds six (6) square feet.
(f) The combined square footage of all temporary signs including the area of each face of a two-sided sign on a single parcel of real estate shall not exceed ninety- six (96) square feet.
(g) All temporary signs shall be maintained in such a manner as not to become deteriorated and thereby unsightly.
(h) Temporary signs shall be removed by the property owner upon the earliest of the following events:
(1) If the sign related to an event (e.g. a yard or garage sale) five (5) days after the event.
(2) The date on which the sign in the opinion of the Building Official becomes unreasonably deteriorated and thereby unsightly; or
(3) Ninety (90) days from the date of first placement.
(i) No more than ten (10) temporary signs shall be placed on a single parcel of land. For this purpose a single parcel of land shall include contiguous parcels if the contiguous parcels are held in single ownership and are used for single purpose.
(Ord. 16-16. Passed 5-9-16.)
(Ord. 16-16. Passed 5-9-16.)
1149.07 SIGNS PERMITTED IN ALL DISTRICTS.
The following types of signs shall be permitted in all districts where the principal uses to which they are related are permitted. Permits shall not be required for signs as listed below unless otherwise noted in this chapter:
(a) House numbers, nameplates (apartments and professions) identifying the occupant or address of a parcel of land and not exceeding one square foot in area.
(b) Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible material.
(c) Signs painted, temporarily or permanently attached to motor vehicles or trailers which are legally licensed and primarily used upon the highways for the transporting of persons, goods or equipment; provided that no such vehicle displaying a sign may be parked within the required setback of any business for the purpose of advertising any product or service of that business.
(d) Traffic or other municipal signs such as the following: legal notices, railroad crossing, danger and other emergency signs as approved by the Mayor.
(e) Gasoline service stations and automobile gasoline stations may display the following special signs which are deemed customary and necessary to their respective businesses:
(1) Custom lettering or other insignia on a gasoline pump consisting of the brand of gasoline sold, lead warning sign, and any other sign required by law and not exceed a total of three (3) sq. ft. on each pump.
(2) A single non-illuminated double-faced sign per gasoline pump island, each of which shall not exceed four (4) sq. ft. in area, may be placed on a gasoline pump island; such sign may extend a maximum of two (2) ft. above pumps.
(3) A single non-illuminated double-faced pricing sign for each street which shall not exceed six (6) ft. in height and four (4) ft in width and placed on the property of the gasoline filling station.
(f) Temporary signs.
(g) Institutional bulletin boards, church or synagogue. One (1) ground pole sign with area, height and placement per Section 1149.04.
(h) Residential development identification signs may be permitted for each vehicle entrance. Each sign shall have a surface area not exceeding sixteen (16) sq. ft. All must be removed when eighty percent (80%) of improved lots have been built upon or as determined by the Building Official.
(i) Vending machines and vending structures shall be permitted two (2) signs. The total area of such signs shall not exceed ten percent (10%) of the wall area where the vending machines are located.
(j) Merchandise or showcases may be displayed in reasonable quantities. (For not over thirty (30) days per calendar year). Each such rack or showcase may contain a single sign not exceeding ten percent (10%) of the largest visible face area and shall meet the placement requirements set forth for ground pole signs. Such signs must contain a message relating only to the merchandise for sale on such rack or showcase.
(k) Private traffic control signs as submitted to and approved by the Mayor.
(Ord. 16-16. Passed 5-9-16.)
1149.08 SIGNS NOT PERMITTED IN ANY DISTRICT.
The following signs shall not be permitted, erected or maintained in any district.
(b) String lights or banners, pennants, spinners and streamers used in connection with commercial premises for commercial purposes, other than holiday decorations.
(c) Any sign or sign structure which:
(1) Is structurally unsafe; or
(2) Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment; or
(3) Is not kept in good repair; or
(4) Is capable of causing electrical shocks to persons likely to come in contact with it.
(d) Any sign which, by reason of its size, location, content, coloring or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, or by obstructing or detracting from the visibility of any traffic sign or control device on public streets or roads.
(e) Signs placed upon any public utility pole, light pole, street sign or traffic sign.
(f) Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required entrance or exit way.
(g) Signs which make use of words such as “Stop”, “Look”, “Danger”, or any other words, phrases, symbols or characters, in such a manner as to interfere with, mislead or confuse traffic.
(h) Any sign or other advertising structure containing any obscene, indecent or immoral matter.
(i) Any sign unlawfully installed, erected or maintained.
(j) Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold on the premises. Such sign shall be removed within a period of ninety days after the business has ceased operation.
(k) Off-premises advertising. (Ord. 16-05. Passed 2-22-16.)
1149.09 ILLUMINATION.
No sign shall be illuminated except in accordance with the following restrictions:
(a) Illumination shall be so arranged as to reflect light away from residential premises and in such a manner so as not to cast glare.
(b) Lighting external to the sign shall consist of not more than two (2) colors, including white. No external red or green lights shall be used, if, in the opinion of the Building Official such colors would create a driving hazard.
(c) Exposed gaseous tube-type signs (i.e. exposed neon lettering) shall not exceed ten (10) square feet in area. Signs illuminated by reflected or silhouette type lighting are not subject to this limitation.
(d) The provisions of this section shall apply not only to exterior signs, but also to interior signs which are designed or placed to show through windows or doors of buildings.
(e) Illuminated signs shall be constructed of non-combustible materials. Approved combustible plastics may be used for sign facings, letters, figures, decorations and trim as determined by the Building Official.
(f) Electrical components of illuminated signs shall bear the label of the Underwriters Laboratories, Inc. (UL) or a similar approved agency.
(g) Electronic Changeable Message (ECM) signs:
(1) All ECM signs shall be equipped with automatic dimming technology which automatically adjusts the signs brightness in direct correlation with naturally ambient light conditions at all times.
(2) No ECM signs shall be manufactured or installed to create situations of excessive brightness as that term is defined in Section 1149.02.
(3) Prior to the issuance of any permit, the owner shall provide the City with a certification from the sign manufacturer stating that the sign is capable of complying with the above brightness provisions. Any post installation testing required will be at the full expense of the sign company and/or the owner(s) of the sign.
(4) ECM signs shall be designed and equipped to freeze the device in one position if a malfunction occurs.
(5) The images and messages displayed must be static, and the transition from one static display to another must be instantaneous with no special effects or the transition may provide a black screen for at least one second.
(6) Each line of copy and graphics in an electronic changeable message sign must be at least six (6) inches in height. ECM sign shall not include animation, full motion video, flashing, scrolling, strobing, racing, blinking, changes in color, fade in or out in any manner imitating movement or any other means not providing constant illumination.
(7) Each message shall be illuminated for a minimum of ten (10) seconds before transitioning to a new message.
(8) Images and messages displayed must be complete in themselves without continuation in content to the next image or message or to any other sign.
(Ord. 16-05. Passed 2-22-16.)
(Ord. 16-05. Passed 2-22-16.)
1149.10 PERMITS REQUIRED.
Except as otherwise provided, it shall be unlawful for any person to erect, alter, relocate or maintain within the City of Amherst any sign or advertising structure without first obtaining a permit from the Building Official as herein prescribed.
(a) Before any permit is granted for the erection of any exterior signage, plans shall be filed with the Building Department showing the sign dimensions, materials, setback dimensions and any required details of construction as requested by the Building Official showing the sign dimensions, materials setback dimensions and any required details of construction as requested by the Building Official including, but not limited to loads, anchorage and a registered engineer’s seal. The application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected.
(b) No sign shall be enlarged or relocated except in conformity with the provisions of this chapter. The changing of movable parts of an approved sign that is designed for such changes, or the repainting or repositioning of display matter shall not be deemed an alteration provided the conditions of the original approval and the requirements of this chapter are complied with.
(c) A permit fee shall be paid to the Building Department for each permanent sign and each temporary sign not meeting the requirements to Section 1149.06.
(Ord. 16-16. Passed 5-9-16.)
1149.11 CONTRACTOR LICENSE; PERFORMANCE STANDARDS; MAINTENANCE.
(a) No person(s) shall erect, install, remove or rehang any sign for commercial purposes and for which a permit fee is required under the provisions of this chapter without a valid contractor’s license to perform such work within the City of Amherst per ACO Chapter 1336, unless otherwise permitted by the Building Official.
(b) All signs exceeding eight (8) sq. ft. in area and exceeding five (5) ft. in height measured from ground to the top of the sign, shall conform to the construction requirements of the currently enforced Ohio Building Code per Chapter 1303 of these Codified Ordinances.
(c) All signs, together with their structural elements, shall be kept in good repair and in a proper state of preservation to the reasonable satisfaction of the Building Official. The Building Official may order the repair or removal of any sign that is not maintained in accordance with the provisions of this chapter, forty-five (45) days after notice by certified mail is given to the owner of such sign.
(Ord. 16-19. Passed 5-23-16.)
1149.12 LIABILITY INSURANCE.
Any sign suspended or projected over a public street or property, or having a vertical distance of such sign above the street that is greater than the horizontal distance from the sign to the street property line or parapet wall and so located as to be able to fall or be pushed onto public property, the owner of such sign shall sign an agreement holding the City of Amherst harmless from any liability resulting from accident or injury caused by the erection and maintenance of such sign(s) and must provide, throughout the time such sign(s) exist, proof of insurance in the amount of one-hundred thousand dollars ($100,000.00) designating the City as additionally insured to remain on file with the Building Department.
(Ord. 16-19. Passed 5-23-16.)
1149.13 NONCONFORMING SIGNS.
(a) It is the intent of this section to recognize that the eventual elimination, as expeditiously as is reasonable, of existing signs that are not in conformity with the provisions of this chapter, is as much a subject of health, safety and welfare as is the prohibition of new signs that would violate the provisions of this chapter. It is also the intent of this section that any elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of established private property rights.
(b) No nonconforming sign:
(1) Shall be changed to another nonconforming sign;
(2) Shall have any changes made in the words or symbols used or the message displayed on the sign unless the sign is designed for periodic change of message;
(3) Shall be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design of the sign;
(4) Shall have the face or faces changed when such sign is of a type of construction to permit such a complete change of face;
(5) Shall be reestablished after the activity, business or usage to which it relates has been discontinued for ninety days or longer; and
(6) Shall be reestablished after damage or destruction if the estimated expense of reconstruction exceeds fifty percent (50%) of the appraised replacement cost as determined by the Director of Public Safety.
(Ord. 86-30. Passed 4-28-86.)
1149.14 APPEALS.
(a) A person aggrieved by an order, decision or requirement of the Building Inspector under this chapter may appeal to the Amherst Board of Zoning Appeals.
(b) The Board of Zoning Appeals shall hear and decide appeals from and review any order, requirement, decision or determination of this chapter. The Board may grant a special permit for a sign which does not comply with the provisions of this chapter if it determines that:
(1) The particular sign will be in harmony with the general purpose and intent of this chapter; and
(2) The sign will not be injurious to the immediate neighborhood or adjacent land use; and
(3) The sign is sufficiently compatible with the architectural and design character of the immediate neighborhood; and
(4) The sign will not be hazardous to passing traffic or otherwise detrimental to the public safety and welfare.
(c) In granting such special permit, the Board shall specify the size, type and location of the sign and impose such other reasonable terms, restrictions and conditions as it may deem to be in the public interest.
(Ord. 86-30. Passed 4-28-86.)
1149.15 SIGNS IN DOWNTOWN HISTORIC DISTRICT.
(a) Definition: As used in this section, “Downtown Historic District” means that area of the City designated as such on the map attached as Exhibit A hereto and in general the boundaries of which are: Cleveland Ave. & Washington St. west to Beaver Court, Beaver Court east to S. Main St., S. Main St. south to Franklin Ave., Franklin Ave., east to Church St. north on Church St. to Tenney Ave., east on Tenney Ave., to Spring St., north on Spring St. to Park Ave., east on Park Ave., to Jackson St. (including Funeral Home and Amherst Memorial), west on Park Ave., to Forest St., Forest St. north to Cleveland Ave. (Not inclusive of Board of Education administration offices). In the event of a conflict between the configuration of the Downtown Home District as depicted on Exhibit A and that contained within the above boundaries, the depiction on Exhibit A shall control.
(b) Application for Sign: Before any exterior sign is erected, constructed, reconstructed, replaced, or modified in the Downtown Historic District and before any sign is painted on or adhered to the glass of any building in the Downtown Historic District, an application must be filed with the Building Department. The application will be reviewed by the Building Official to determine the scope of work proposed to be completed and forwarded to the Design Review Board as established pursuant to Chapter 1350 (the “DRB”) if required. The application shall be accompanied by a full and accurate description of the size, attachment method, materials color, illumination and any other items deemed necessary by the Building Department or DRB. Items relating to an organization’s specific branding to be included on proposed signage (e.g., colors, logs, lettering style, etc.) or refacing of a sign within the existing sign’s structure or framework shall be exempt from DRB review.
(c) Decision of DRB. The DRB shall make its decision within seven (7) working days after the application required by subsection (b) is first considered by the DRB at a regular or special meeting. Any rejection by the DRB shall describe the basis for such finding, and the person or entity aggrieved by the decision of the DRB may appeal the decision to the Board of Zoning Appeals within ten (10) days of such DRB decision.
(d) Permitted Signs: No new signs, including replacements of existing signs, shall be permitted in the Downtown Historic District, except as follows:
(1) Wall signs: Wall signs otherwise permitted by the other sections of this chapter shall be permitted.
(2) Directory signs: Each building may have one (1) directory sign per entrance, in addition to the above wall sign, that shall provide not more than two (2) square feet of area for each building occupant. Directory signs shall be mounted flat against the face of the building like a wall sign.
(3) Painted window signs: Professionally prepared window signs otherwise permitted by other sections in this chapter shall be permitted.
(4) Perpendicular Projecting signs: One projecting sign shall be allowed for each business occupying a building, subject to the following conditions:
A. Maximum area: six (6) square feet per side, twelve (12) square feet total.
B. Minimum vertical clearance to grade, eight (8) feet.
C. Maximum horizontal projection from face of building: three (3) feet.
D. May not project above the roofline of the building to which it is attached.
E. Each applicant must sign an agreement holding the City of Amherst harmless from any liability resulting from accident or injury caused by erection and maintenance of such sign(s) and must provide throughout the time that such sign(s) exist proof of insurance in the amount of one hundred thousand dollars ($100,000) designating the City as an additional insured.
F. No neon signs.
(5) Sidewalk sandwich board signs: One (1) sandwich board sign shall be allowed for each building entrance, subject to the following conditions:
A. Placement: Sign to be within 3' 6" of the face of the building and within the building corners as measured at right angles perpendicular to the corners and not placed in the roadway or within 4 feet of the interior curb edge of the public sidewalk so as to inhibit the required public walking path.
B. Each applicant must sign an agreement holding the City of Amherst harmless from any liability resulting from accident or injury caused by the erection, placement and maintenance of such sign(s) and must provide, throughout the time such sign(s) are placed on the public sidewalk, proof of insurance in the amount of one hundred thousand dollars ($100,000.00) designating the City as an additional insured.
(e) Prohibited Signs: All animated signs (blinking lights or moving parts), all mobile or portable banners, pennants and streamers, and all signs that interpret movement of any kind are prohibited in the Downtown Historic District unless the design is based on a historic sign of that building. Exception: Banners attached to the historic lamp posts or other city-owned property as installed by the City and approved by the DRB.
(f) Additional Requirements. The following additional requirements apply to signs in the Downtown Historic District:
(1) All signs shall conform to the sign ordinances of the City of Amherst, as amended by this section.
(2) Existing signs of particular historic or architectural merit should be preserved.
(3) Signs identifying the name of the building, the date of construction or other historical information of a building shall be composed of materials similar to the building or of tranditional plaque materials such as bronze or brass. These building identification signs should be affixed flat against the building and should not obscure architectural details elements.
(4) Signs should be subordinate to the building facade. The size and scale of the sign shall be in proportion to the size and scale of the street level facade.
(5) Storefront signs should typically be located in the transom area and should not extend past the storefront opening.
(6) Signs should reflect the overall symmetry of the building and should not cover architectural detail.
(7) Signs for multiple storefronts within the same building should align with each other.
(Ord. 16-19. Passed 5-23-16.)
(Ord. 16-19. Passed 5-23-16.)
1149.16 SEVERABILITY CLAUSE.
Should any provision of this chapter “be held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.”
(Ord. 86-30. Passed 4-28-86.)
1149.17 REPEAL.
All ordinances and resolutions, or parts thereof, in conflict herewith, are hereby repealed.
(Ord. 86-30. Passed 4-28-86.)
1149.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more than fifty dollars ($50.00). Each separate day of violation shall be considered a separate offense.
(Ord. 07-36. Passed 5-29-07.)