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Avon City Zoning Code

CHAPTER 1290

Signs

1290.01 PURPOSE.

   (a)   In the interest of promoting the general health, safety and welfare of the residents of the City, these regulations are herein established to provide for the use, location and size of signs. More specifically, the purposes of these regulations are to:
      (1)   Ensure that signs are consistent with the community's development objectives, thereby maintaining the community's heritage.
      (2)   Provide reasonable, yet appropriate, conditions for identifying uses, including residential developments, institutions, businesses, and industrial establishments.
      (3)   Promote and maintain attractive, high value residential, business, office and industrial districts.
      (4)   Ensure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment.
      (5)   Eliminate any confusion or hazardous conflict between identification signs and traffic control signs and devices.
      (6)   Minimize the negative consequences of excessive numbers of size of signs.
   (b)   Any sign that does not conform with the regulations of this Planning and Zoning Code, or any subsequent amendment thereto, is a public nuisance and, as such, must be removed in compliance with these regulations. Nonconforming signs are unduly distracting to motorists and pedestrians, and thereby create a traffic hazard and reduce the effectiveness of signs needed to direct the public. The regulations contained in this chapter are the minimum regulations necessary to abate the nuisance and to achieve the stated purpose of this chapter.
(Ord. 58-01. Passed 5-29-01.)

1290.02 TYPES OF SIGNS.

   For the purposes of these regulations, a sign shall include any device that is intended to announce, direct or advertise, and may be represented by words or letters, figures, symbols or characterizations, or other insignia or devices. Signs shall further be classified by physical characteristics and function or purpose based on the following.
   (a)   Physical Characteristics.
      (1)   Abandoned sign: A sign that for 30 days or more has not identified or advertised a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found.
      (2)   Banner sign: Any sign of lightweight fabric or similar material with no enclosing framework that is mounted to a building at one or more edges.
      (3)   Building markers: Letters, words, or insignia cut into the building surface, or otherwise permanently mounted on the building at the time the building was constructed to convey a memorial, the name of the building and/or address and the date of construction.
      (4)   Bulletin board sign: A sign where the message or graphics is not permanently fixed to the structure, framing or background, and in which the copy is periodically changed.
      (5)   Canopy or awning sign: A sign painted on, printed on or attached to a soffit or fascia of an awning, canopy, or other fabric, plastic, or structural protective cover, including gas station canopy.
      (6)   Face of sign: The area of a sign on which the copy is placed.
      (7)   Freestanding sign: A sign that is supported from the ground or a structure other than a building.
      (8)   Marquee sign: A sign attached to the soffit or fascia of a marquee or the roof over a walk or permanent awning. A marquee sign shall be considered a flat or wall sign.
      (9)   Nonconforming sign: A sign that was erected legally but which does not comply with subsequently enacted sign restrictions and regulations.
      (10)   Portable sign: A sign designed to be readily transportable on wheels from one premise to another.
      (11)   Projecting sign: A sign erected on the outside wall of a building and which extends more than 12 inches therefrom.
      (12)   Roof sign: A sign erected upon or over the roof of any building.
      (13)   Under-canopy sign: A sign suspended beneath a canopy, ceiling, roof or marquee which is located perpendicular to the building façade and is intended to be viewed by pedestrians from the sidewalk beneath the canopy, ceiling, roof or marquee.
      (14)   Wall sign: A sign erected parallel to, or painted on the surface or on the outside wall, or is integral with the wall of any building, and which does not extend more than 12 inches therefrom.
      (15)   Window sign: A sign on the inside of a building affixed to or near a window for the purpose of being visible to and read from the outside of the building.
   (b)   Function.
      (1)   Directional sign: A permanent sign located on private property, at or near the public right-of-way, directing or guiding traffic and parking from the street onto private property
      (2)   Identification sign: A sign intended to identify the principal use of a lot, development, building or building unit according to the following:
         A.   Agricultural sign: A sign intended to identify a farm or roadside stand located on the lot on which the sign is erected.
         B.   Business identification sign: A sign intended to announce or promote the business, office or industrial use, activity, service or other enterprise on the lot which the sign is located and which may include a directory of occupants.
         C.   Common business identification sign: A single sign that identifies the name of the nonresidential subdivision.
         D.   Institution identification sign: A sign displaying the name of the organization, activity or services occupying the premises of a public or quasi-public use, such as but not limited to churches and other places of worship, hospitals, public or semi-public recreational facilities, schools.
         E.   Residential development identification sign: A sign identifying the name and address of a completed residential subdivision, cluster development or multi-family development.
      (3)   Instructional sign: A sign that has a purpose secondary to the use on the lot that is intended to instruct employees, customers or users as to specific parking requirements, or circulation instructions, the location or regulations pertaining to specific activities on the site or in the building, specific services offered, or methods of payments accepted.
      (4)   Model home sign: A temporary sign located on the same parcel as a model home and intended to mark the location of such model home.
      (5)   Name plate: A sign indicating the name and/or address of the person, business or activity occupying the lot or the building.
      (6)   Off-site advertising sign: A sign advertising an establishment, merchandise, service or entertainment that is not sold, produced, manufactures, or furnished at the property or which the sign is located.
      (7)   Project construction sign: A temporary sign located on a parcel where construction or remodeling is occurring, and which may identify the site prior to the erection of the permanent sign.
      (8)   Public regulation and information: A sign erected by a public authority, utility, public service organization or private industry upon the public right-of-way or, when required by law, on private property, and which is intended to control traffic, direct, identify or inform the public, or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy. Such signs include “No Parking Fire Lane.”
      (9)   Temporary sign: A sign that is designed to be used only temporarily and is not permanently, or intended to be permanently, attached to a building or structure or permanently installed in the ground.
(Ord. 58-01. Passed 5-29-01.)

1290.03 COMPUTATIONS.

   The following principals shall control the computation of sign area and sign height:
   (a)   Determining Sign Area or Dimension.
      (1)   For a sign that is framed, outlined, painted or otherwise prepared and designed to include a background for a sign display to differentiate the sign from the environment or surroundings in which it is placed, the sign area or dimensions shall include the entire portion within such background or frame.
      (2)   For a sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, or an irregular shaped freestanding sign, the area of a sign shall be computed as including the entire area within a regular, geometric form, or combinations of regular geometric forms, comprising all of the display area of the sign and including all elements of the matter displayed. When separate elements are organized to form a single sign, but the elements are separated by open space, the area shall be calculated by determining the geometric form or combination of forms which comprise all the display areas, including the space between elements.
      (3)   Structural members, not being advertising matter, shall not be included in the computation of sign area, unless such structural support is illuminated or otherwise designed to constitute a display device.
      (4)   Only one side of a double-faced freestanding or projecting sign shall be included in calculating sign area, provided that the two display surfaces are joined at an angle not greater than 15 degrees.
   (b)   Determining Sign Height. The height of a sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground to the top most elements of the sign. A freestanding sign on a man-made base, including a graded earth mound, shall be measured from the grade of the nearest street, drive or parking area.
   (c)   Determining Clearance of a Sign. The smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
   (d)   Determining Building Frontage and Building Unit. The length of the building that faces a street or a length of the wall of a building that contains a main entrance to the uses therein shall be considered a building frontage.
      (1)   The building frontage shall be measured along the wall between the exterior faces of the exterior side walls.
      (2)   In the case of an irregular wall surface, a straight line extended along such wall surface shall be used to measure the length.
      (3)   For multi-tenant buildings, the portion of a building that is owned or leased by a single tenant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.
(Ord. 58-01. Passed 5-29-01.)

1290.04 MAXIMUM SIGN AREA PERMITTED.

   Signs as permitted in the respective zoning districts shall conform to the maximum area limitations set forth in Schedule 1290.05 and comply with the regulations set forth below.
   (a)   Business Identification Signs. The area of business identification signs shall comply with the following:
      (1)   Signs Attached to Buildings. The maximum permitted area for a business identification sign attached to a building shall comply with the following:
         A.   The total area of business identification signs attached to a building shall not exceed the area determined by the formula set forth in Schedule 1290.05.
            1.   This maximum area shall be the sum of the areas of all identification signs attached to the building including projecting signs, marquee signs, awning signs, and canopy signs, except as otherwise specified, and shall include the area of instructional signs, unless the Zoning Enforcement Officer and Planning Coordinator determines that such instructional signs are exempt pursuant to division (b) of this section.
            2.   Notwithstanding the above standard, each building shall be permitted a minimum of 30 square feet of identification signs attached to the building.
            3.   Marquee signs for theaters may exceed the maximum area permitted when reviewed and approved as a special use by the Planning Commission.
         B.   Certain types of signs shall be further limited in size according to Schedule 1290.05.
      (2)   First Floor Window Signs. The maximum area for permanent identification signs placed in or painted on a window shall be the area specified in Schedule 1290.05.
      (3)   Second Floor Tenants. Offices and organizations located above the first floor may have an additional window sign, not to exceed four square feet, located within an upper story window.
      (4)   Under-Canopy Signs. Under-canopy signs shall comply with the maximum area set forth in Schedule 1290.05; the area of which shall not be included in the sum total set forth in division (a)(1) above.
      (5)   Freestanding Identification Signs. The area of freestanding identification signs shall comply with the maximum permitted area specified in Schedule 1290.05 and the regulations of Sections 1290.06 and 1290.07.
   (b)   Instructional Signs. The area of instructional signs that are clearly intended for instructional purposes, as determined by the Zoning Enforcement Officer or Planning Commission, shall not be included in the sum of the area of identification signs, provided such signs comply with the following:
      (1)   The sign is not larger than necessary to serve the intended instructional purpose; and
      (2)   The sign is not in a location and does not possess design characteristics that constitute or serve the purposes of an instructional sign.
   (c)   Architectural Features. Architectural features that are either part of the building or part of a freestanding structure are not considered signs and are thus exempt from these regulations. An “architectural feature” is any construction attending to, but not an integral part of the sign, and which may consist of landscape or building or structural forms complementing the site in general.
   (d)   Signs Not Regulated in Schedule. Signs for which no maximum area limitations are specified are subject to the review and approval of the Zoning Enforcement Officer and Planning Coordinator, subject to the procedures and requirements of Section 1290.16, unless such sign is exempt according to Section 1290.11.
(Ord. 58-01. Passed 5-29-01; Ord. 192-03. Passed 9-8-03; Ord. 193-03. Passed 10-14-03.)

1290.05 SCHEDULE OF MAXIMUM SIGN AREA.

Sign Type
Single-Family Districts
Multi-Family Districts
French Creek District
Business & Office Districts (excluding FC)
Industrial Districts
Sign Type
Single-Family Districts
Multi-Family Districts
French Creek District
Business & Office Districts (excluding FC)
Industrial Districts
(a)   Nameplate
1 sq, ft.
1 sq, ft.
1 sq, ft.
1 sq, ft.
1 sq, ft.
(b)   Agriculture
24 sq, ft.
24 sq, ft.
Same as for business identification signs
(c)   Residential development identification signs:
   (1)   Wall sign
NP
18 sq, ft.
NP
NP
NP
   (2)   Freestanding sign
32 sq, ft.(a)
32 sq, ft.(a)
NP
NP
NP
(d)   Institution identification signs:
   (1)   Wall sign
24 sq, ft.
24 sq, ft.
(b)
(b)
(b)
   (2)   Freestanding sign
24 sq, ft.
24 sq, ft.
32 sq, ft.
40 sq, ft.
40 sq, ft.
(e)   Business identification signs:
   (1)   Attached to building
 
NP
NP
1 sq, ft./ linear ft. of building front(c)
1 sq, ft./ linear ft. of building front(c)
1 sq, ft./ linear ft. of building front(c)
   (2)   Projecting sign
NP
NP
15 sq, ft.
NP
NP
   (3)   Freestanding sign
NP
NP
32 sq, ft.
40 sq, ft.
40 sq, ft.
   (4)   Window sign
NP
NP
25% of window area
25% of window area
25% of window area
   (5)   Common business identification sign
NP
NP
NP
40 sq, ft.(d)
40 sq, ft.(d)
   (6)   Under-canopy sign
NP
NP
8 sq, ft.
8 sq, ft.
NP
(f)      Directional sign
NP
4 sq, ft.
4 sq, ft.
4 sq, ft.
4 sq, ft.
(g)   Instructional signs
(e)
(e)
(e)
(e)
(e)
(h)   Temporary signs:
   (1)   Model Home sign
24 sq, ft.(f)
24 sq, ft.(f)
NP
NP
NP
   (2)   Project construction sign:
      A.   Construction or remodeling sign - single-family lot
12 sq, ft.(g)
12 sq, ft.(g)
NP
NP
NP
      B.   All other lots
32 sq, ft.(g)
32 sq, ft.(g)
32 sq, ft.(g)
32 sq, ft.(g)
32 sq, ft.(g)
   (3)   Window sign
4 sq, ft.(g)
4 sq, ft.(g)
25% of window area(i)
25% of window area(i)
25% of window area(i)
   (4)   Other signs
6 sq, ft.(h)
6 sq, ft.(h)
(j)
(j)
(j)
Notes for Schedule 1290.05.
NP - Not permitted.
(a)   One per street entrance.
(b)   Shall comply with the permitted sign area for business identification signs attached to buildings.
(c)   See also Section 1290.04(a).
(d)   See Section 1290.08(e) for common business identification signs.
(e)   Considered an identification sign unless exempt pursuant to Section 1290.04(b).
(f)   See also Section 1290.10(b).
(g)   See Section 1290.10(a) for project construction signs.
(h)   See Section 1290.10(c) for temporary signs in residential districts.
(i)   See Section 1290.10(d) for temporary window signs.
(j)   See Section 1290.10(d) for other temporary signs.
 
(Ord. 58-01. Passed 5-29-01.)

1290.06 REGULATIONS FOR FREESTANDING SIGNS AND PROJECTING SIGNS.

   Freestanding signs shall be permitted in compliance with the following regulations:
   (a)   Landscaping. Freestanding signs shall be erected in a landscaped setting and not on sidewalks, drives or in parking lots.
   (b)   Residential Development Identification Signs. A freestanding sign shall be permitted for a residential development in compliance with the following requirements.
      (1)   Maximum Number. A maximum of two sign faces shall be permitted at each entrance to a subdivision, cluster development or multi-family development from an arterial or collector street: either as a double-sided freestanding sign or as two single-sided signs, either freestanding or mounted on a wall or other entrance feature.
      (2)   Location. A residential development identification sign shall be located on private property on corner lots or where a privately-owned divided entranceway island is provided.
         A.   Such signs shall be located not closer than ten feet from the street right-of-way line and no closer than 25 feet to a side lot line, and shall be placed so as not to obstruct sight lines for vehicles or pedestrians.
         B.   A sign within a curbed divider island outside of a public right-of- way shall be set back ten feet from the projection of the right-of-way line and set back at least five feet from the curb of the divided island.
         C.   A sign attached to brick or masonry wall or wood fence shall not extend beyond the limits of the wall or fence. Such support structures shall be not more than five feet in height and 120 square feet in area.
         D.   Additional decorative features above these standards, including railings, pillars, arches, gateways, lampposts, etc., may be included if they are part of the overall architectural treatment and do not detract from the surrounding residential area.
   (c)   Freestanding Business Identification Signs. A freestanding business identification sign shall comply with the following:
      (1)   Maximum Number of Freestanding Signs. One freestanding identification sign shall be permitted per project or development, except as otherwise permitted in Section 1290.08.
      (2)   Minimum Sign Setback from Street. Such signs shall not be located within five feet of the public right-of-way and shall not be less than 20 feet from another lot, and not less than 30 feet from a Residential District line.
      (3)   Multi-Tenant Facilities. When a freestanding sign is erected on a site that has more than one tenant, it is the property owner's responsibility to determine the sign area devoted to identification of the development, building, anchor tenant, all tenants, or some combination thereof.
   (d)   Directional Signs. Directional signs shall be located within five feet of access drives and shall not be closer than five feet to the public right-of-way.
   (e)   Projecting Signs. Any face of a projecting sign shall be not less than five feet from a side lot line or party wall. The minimum sign clearance for a projecting sign shall be eight feet above a sidewalk or other pedestrian way.
(Ord. 58-01. Passed 5-29-01.)

1290.07 MAXIMUM HEIGHT OF FREESTANDING SIGNS.

   The maximum height of freestanding signs, when permitted, shall conform to the standards set forth in Schedule 1290.07 below, in compliance with the regulations set forth below.
   Schedule 1290.07
MAXIMUM HEIGHT OF FREESTANDING SIGNS
Sign Type
Single
-family Districts
Multi-family Districts
French Creek District
Business & Office Districts (Excluding FC)
Industrial Districts
(a)   Agricultural sign
6 feet
6 feet
6 feet
10 feet
10 feet
(b)   Residential development identification sign
6 feet
6 feet
NP
NP
NP
(c)   Institution identification sign
6 feet
6 feet
6 feet
6 feet
6 feet
(d)   Business identification sign
NP
NP
6 feet
10 feet
10 feet
(e)   Directional sign
NP
3 feet
3 feet
3 feet
3 feet
(f)   Instructional sign
(a)
(a)
(a)
(a)
(a)
(g)   Temporary sign:
   (1)   Model home sign
6 feet
6 feet
NP
NP
NP
   (2)   Project construction sign
6 feet
6 feet
6 feet
6 feet
8 feet
   (3)   Other sign
4 feet
4 feet
6 feet
6 feet
8 feet
Notes to Schedule 1290.07.
NP =   Not permitted.
(a)      No height limit provided sign complies with 1290.04(b).
 
(Ord. 58-01. Passed 5-29-01.)

1290.08 BONUS SIGN AREA FOR BUSINESS IDENTIFICATION SIGNS.

   Additional area for business identification signs shall be permitted for lots in business, office, and industrial districts in compliance with the following:
   (a)   Corner Lots and Side and Rear Entrances. When a building has more than one building frontage because of one or more of the following characteristics, each such building frontage shall be permitted business identification signs attached to such building wall in accordance with Schedule 1290.05:
      (1)   The building is located on a corner lot and faces two streets;
      (2)   The building has a customer entrance facing a parking lot and the customer entrance does not face the street.
      (3)   The building is on a lot that is contiguous to the I-90 right-of-way.
   (b)   Additional Area for Freestanding Signs on Corner Lots. One additional freestanding identification sign shall be permitted for a corner lot, provided that:
      (1)   The total frontage of both streets is not less than 300 feet;
      (2)   The area of each freestanding identification sign complies with Schedule 1290.05, and the total area of both freestanding signs shall not exceed 175% of the maximum area permitted for a single sign;
      (3)   The second freestanding sign is clearly located to provide identification along the secondary street; and
      (4)   The two signs may be aggregated into a single sign at the corner, provided that the area of any freestanding sign face shall not exceed 70 square feet, except as otherwise permitted in division (d) of this section.
   (c)   Large Building Setbacks. The maximum allowable area for identification signs attached to a building may be increased by one-half of a square foot of sign area for each foot of building frontage when the principal building is set back more than 200 feet from the primary street on which the building is located.
   (d)   Additional Area for Large Lots. The area and number of freestanding signs on large lots may be increased according to the following:
      (1)   The allowable area of any freestanding sign face may be increased by five square feet of area for every 20 lineal feet of lot frontage greater than 200 lineal feet.
      (2)   One freestanding sign shall be permitted for every 250 feet of lot frontage or fraction thereof, provided that the total area of freestanding signs does not exceed the maximum sign area permitted in division (d)(1) above.
   (e)   Common Business Identification Sign. In addition to the business identification sign provided for each business in this chapter, a commercial, office or industrial subdivision shall be permitted to have a common business identification sign. The maximum height of the common business identification sign shall be ten feet.
(Ord. 58-01. Passed 5-29-01.)

1290.09 SUPPLEMENTAL REGULATIONS FOR THE FRENCH CREEK DISTRICT.

   In addition to the requirements of this chapter, the following supplemental regulations shall apply to signs located in the French Creek District:
   (a)   No self-illuminating, free-standing ground signs are permitted. Only continuous, soft, non-glare, indirect-type lighting is permitted.
   (b)   All signs advertising a business or place of business shall be constructed of a natural material only, such as wood, masonry or wrought iron, and the design should be compatible with the character of the French Creek District. All permanent signs shall be reviewed and approved by the Planning Commission.
   (c)   Signs or banners which comply with the intent and purpose of the French Creek District may be placed or displayed in a public right-of-way in the French Creek District. No such signs or banners shall display any advertising, and all such signs must be reviewed and approved by the Zoning Enforcement Officer and Planning Coordinator before the issuance of a sign permit. Considering that the purpose of these signs or banners is to serve a governmental and not a proprietary interest, permit fees shall be waived.
(Ord. 58-01. Passed 5-29-01; Ord. 194-03. Passed 9-8-03; Ord. 250-03. Passed 12-22-03.)

1290.10 SUPPLEMENTAL REGULATIONS FOR TEMPORARY SIGNS.

   The following regulations are in addition to the maximum sign area and height regulations set forth in Sections 1290.04 through 1290.08.
   (a)   Project Construction Signs. A project construction sign shall be permitted only in compliance with the following:
      (1)   The sign shall be erected and maintained on a lot only during the period of time that the building project is under construction. A project construction sign shall be removed within 14 days of completion of the project or within two days of the erection of a permanent identification sign, whichever comes first.
      (2)   One sign shall be permitted at each entrance to the development. However, not more than two signs per development shall be permitted. Permits for such temporary signs shall be for a period not exceeding two years, and may be renewed while construction is being pursued.
      (3)   A construction or remodeling sign for an individual dwelling unit may be erected during construction or remodeling, provided such sign shall not be located closer than 25 feet to any street line.
   (b)   Model Home Signs. Model home signs shall be permitted in Residential Districts in compliance with the following provisions:
      (1)   A model home sign will only be permitted to be displayed until all of the homes and/or lots in the subdivision are sold after which the sign shall be removed.
      (2)   Model home signs shall be set back five feet from the right-of-way.
      (3)   In addition to the model home sign, two flags not to exceed six square feet each may be erected to advertise the model home.
   (c)   Other Temporary Signs in Residential Districts. Non-commercial temporary signs are permitted in Residential Districts subject to the following provisions:
      (1)   Each residential unit shall be permitted to erect two temporary signs either in a window or as a freestanding sign in the front yard.
      (2)   In addition to division (c)(1) of this section, each residential unit shall be permitted to erect two temporary signs for a period not to exceed 45 consecutive days on two separate occasions in any calendar year.
      (3)   A reasonable amount of temporary signage shall be permitted. Such signage shall be located on the site of the open house and shall be permitted only during such open house hours but shall not exceed four hours in any one-week period. Such signage shall comply with the sign area set forth in Schedule 1290.05 and the requirements in division (c)(5) below.
      (4)   Institutional uses in Residential Districts shall be permitted to erect a temporary bulletin board sign for the purposes of advertising a special event. Such sign shall not exceed 24 square feet and shall not be displayed for more than three days on no more than two occasions in any calendar year.
      (5)   Temporary freestanding signs shall be located no closer than five feet from a public right-of-way or a side lot line.
      (6)   For the purposes of this section, a “noncommercial temporary sign” shall include signs advertising the sale of a dwelling located on the same lot as the sign.
   (d)   Temporary Signs in Business, Office and Industrial Districts. Temporary signs are permitted subject to the following provisions:
      (1)   Temporary window signs shall comply with the following:
         A.   The area of temporary window signs, either affixed thereto or visible from the outside, shall not exceed the percentage of the window area set forth in Schedule 1290.05. This area is in addition to the allowable sign area for identification signs permanently attached to windows.
         B.   All temporary window signs shall be displayed no longer than 30 days after placement, after which time such sign shall either be removed or replaced.
      (2)   Temporary signs advertising the sale, rental or lease of a building or part thereof shall be located on the lot occupied by the building or use advertised.
      (3)   All other temporary signs. One freestanding temporary sign or one banner sign attached to the front of the building shall be permitted for a period not to exceed 30 days no more than once per calendar year. A temporary freestanding sign shall be located no closer than five feet from the street right-of-way line.
(Ord. 58-01. Passed 5-29-01.)

1290.11 SIGNS EXEMPT FROM REGULATION.

   The following signs shall be exempt from regulation under the Planning and Zoning Code.
   (a)   Any public regulations and information sign and any other notice or warning required by a valid and applicable federal, state or local law, regulation or resolution.
   (b)   Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the building in which such sign is located.
   (c)   Works of art that do not include a commercial message.
   (d)   Scoreboards for athletic fields.
   (e)   Religious and other holiday lights and decorations containing no commercial message when displayed during the appropriate time of the year.
   (f)   Flags of the United States, the state, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting these conditions shall be considered a sign and shall be subject to regulations as such.
(Ord. 58-01. Passed 5-29-01.)

1290.12 PROHIBITED SIGNS.

   All signs not expressly permitted in this chapter or exempt from regulation pursuant to Section 1290.11 are prohibited in the City. Such signs include but are not limited to the following:
   (a)   Abandoned signs.
   (b)   Signs shall not be located on trees, utility poles, public benches or any other form of public property, or in the public right-of-way, including paper posters, letters or representations in the form of advertising, whether printed, painted or applied directly to a wall, building, pole or other support.
   (c)   Searchlights, flashers, animators, rotating or whirligig devices, blinking, racer type, moving or revolving signs and signs containing movements or contrivances of any kind, except for time and temperature units.
   (d)   Pennants, festoons, streamers, inflatable signs, tethered balloons, streamers, exposed light bulbs, bare strings of light bulbs and other similar signs and devices.
   (e)   Signs containing any words or symbols that would cause confusion because of their resemblance to highway traffic control or direction signals.
   (f)   Signs on temporarily placed vehicles or trailers for the primary purpose of displaying such sign.
   (g)   Merchandise, equipment, products, vehicles or other items not themselves for sale and placed for attention-getting, identification or advertising purposes.
   (h)   Roof signs.
   (i)   No person shall display upon any sign or other advertising structure any obscene, indecent or immoral matter.
   (j)   Off-site advertising signs, unless otherwise specifically permitted in this Planning and Zoning Code.
(Ord. 58-01. Passed 5-29-01; Ord. 186-01. Passed 1-28-02.)

1290.13 CRITERIA FOR THE DESIGN AND CONSTRUCTION OF SIGNS.

   The proposed general design, arrangement, placement and construction of the sign shall be consistent with the intent, purposes, standards, and criteria of these sign regulations. Specific criteria for evaluating signs shall include, but not be limited, to the following:
   (a)   Design Standards.
      (1)   The lettering shall be large enough to be easily read but not overly large or out of scale with the building or site.
      (2)   The number of items, letters, symbols and shapes shall be consistent with the amount of information which can be comprehended by the viewer, reflect simplicity, avoid visual clutter and improve legibility.
      (3)   The shape of the sign shall be simple, and the sign should be consolidated into a minimum number of elements.
      (4)   A ratio between the message and the background shall permit easy recognition of the message.
      (5)   The size, style and location of the sign shall be appropriate to the activity of the site.
      (6)   The sign shall complement the building and adjacent buildings by being designed and placed to enhance the architecture. The sign shall also have a minimum of advertising and reflect the primary purpose of identifying the name and type of establishment.
      (7)   Signs shall have an appropriate contrast and be designed with a limited number of, and harmonious use of, colors.
      (8)   Signs, if seen in series, shall have a continuity of design with the style of sign generally consistent throughout the building or block.
      (9)   A sign should be constructed with a minimum of different types of material so as to provide a consistent overall appearance.
   (b)   Illumination. Signs in Residential Districts shall not be illuminated, except for bulletin boards, subdivision signs and identification signs for institutions. Unless otherwise specified, all signs in Business, Office and Industrial Districts may be illuminated. Except for illumination required for safety purposes, such lighting shall be permitted only during the hours the establishment is in operation.
      (1)   Signs may be illuminated by internally or reflected light provided that:
         A.   Light sources shall be shielded from all adjacent buildings and streets.
         B.   Light sources to illuminate signs or other advertising displays located inside or outside of buildings shall not be of excessive brightness or cause glare hazardous to pedestrians or drivers or automobiles or be objectionable to adjacent Residential Districts.
         C.   Flashing, moving or intermittent illumination, beacon lights and outline lighting shall not be permitted, except for permitted time, temperature and message signs. The Planning Commission may, however, make a finding and permit such lighting as a special use.
      (2)   Signs visible from sight lines along streets shall not contain symbols or words that resemble highway traffic signs or devices and shall not be lighted to obstruct traffic control or any other public informational signs.
   (c)   Construction Standards.
      (1)   The construction, erection, safety and maintenance of signs shall comply with the Ohio Building Code and the Ohio Revised Code and be professionally constructed.
      (2)   Signs shall be located so as to pose no threat to pedestrian or vehicular traffic.
      (3)   All signs shall be rigidly secured and no sign shall swing from a bar, crane, awing or other sign. No part of any sign shall be revolving, oscillating or otherwise designed to move to attract attention.
      (4)   All freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations.
      (5)   No sign shall be erected so as to obstruct any window, door, fire escape, balcony, platform, stairway, ladder, vent or other means of ingress of any building.
      (6)   No sign shall be located on the roof of any building.
      (7)   Signs shall be fabricated on and of material that are of good quality, good durability and are complimentary to the building of which they become a part.
      (8)   Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than 12 inches horizontally or vertically from any conductor or public utility guy wire.
      (9)   Signs shall be structurally designed to withstand wind pressure of 30 pounds per square foot in any direction.
(Ord. 58-01. Passed 5-29-01.)

1290.14 MAINTENANCE.

   All signs shall be maintained in accordance with the following:
   (a)   The property owner shall maintain the sign in a condition fit for the intended use, and has a continuing obligation to comply with all building code requirements.
   (b)   Every sign or other advertising structure hereafter erected shall have permanently displayed in a conspicuous place thereon, in letters not less than one-half inch in height, the date of erection, the name address and telephone number of a firm or person responsible for erecting the sign, the permit number, the primary voltage and the volt amperage of any electrical apparatus used in connection therewith. Every illuminated sign, which is internally illuminated must bear an Underwriters Laboratories, Inc., approval label. Any other illuminated sign must contain Underwriters approved parts.
   (c)   Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, relettering or repainting, the same may be done without a permit or any payment of fees, provided that all of the following conditions are met:
      (1)   There is no alteration or remodeling to the structure or the mounting of the sign itself.
      (2)   There is no enlargement or increase in any of the dimensions of the sign or its structure.
      (3)   The sign is accessory to a legally permitted, conditional or nonconforming use.
   (d)   In the event a sign is or becomes unsafe or is in danger of falling, the owner shall, upon written notice from the Zoning Enforcement Officer, proceed at once to put such sign in a safe and secure condition or remove the sign. If the correction has not been made within 30 days, the Zoning Enforcement Officer may remove or cause such unsafe sign to be removed, repaired or maintained at the expense of the property owner or lessee, sign owner or sign lessee.
   (e)   In cases of emergency, the Zoning Enforcement Officer may cause the immediate removal of a dangerous or defective sign, at the expense of the owner or lessee, without notice. Signs removed in this manner must present a hazard to the public safety as defined in the Ohio Building Code or the City Traffic Code.
   (f)   Any abandoned sign or sign no longer serving its intended purpose shall be removed within 30 days. Unauthorized signs shall be removed within 30 days.
(Ord. 58-01. Passed 5-29-01.)

1290.15 REGULATION OF NONCONFORMING SIGNS.

   A sign existing lawfully at the time this chapter is adopted, but which does not conform with the sign regulations of the district in which it is located, may be repaired and maintained in its original state, and structural or electrical parts may be repaired or restored to a safe condition in compliance with the National Electric Code.
   (a)   Nonconforming signs shall be removed and any subsequent modification or replacement, excluding maintenance pursuant to Section 1290.14, shall conform to all requirements of this chapter:
      (1)   When the Zoning Enforcement Officer determines that more than 50% of the market value of the sign as determined according to Section 1282.12 has been destroyed or has been taken down.
      (2)   When the use which the nonconforming sign is accessory to is vacant for 90 consecutive days; and
      (3)   Following five years from the date of the amendment to this chapter which made the sign nonconforming.
   (b)   A nonconforming sign may not be altered, modified or reconstructed other than to comply with this chapter.
   (c)   Notwithstanding division (b) above, a nonconforming sign may be altered:
      (1)   When either the existing use has new ownership which results in a change in the name of the use or business on the property; or the space is reoccupied by a similar use, and the new occupant requires no external building or site renovation; and
      (2)   The alterations do not require changes to the structure, framing or erection or relocation of the sign.
(Ord. 58-01. Passed 5-29-01.)

1290.16 ADMINISTRATIVE PROCEDURES.

   (a)   Signs Requiring a Permit. A permit shall be required for all permanent signs exceeding one square foot and all temporary signs exceeding five square feet of sign area, except as stated in division (c) below.
      (1)   The Zoning Enforcement Officer and Planning Coordinator shall review and act on sign applications for all signs pursuant to criteria set forth in this Chapter 1290.
      (2)   Signs advertising upcoming community events shall be permitted upon written request and approval of the Zoning Enforcement Officer and Planning Coordinator. One on-site sign of 32 square feet shall be permitted. Off-site signs shall not exceed 6 square feet each. Signs shall not be located on trees, utility poles or in the right-of-way. No sign specified herein shall be displayed for a period exceeding 30 days from the date of the Mayor's approval.
   (b)   Sign Permit. A sign permit shall be valid for a 12-month period, during which time the sign shall be erected. The permit may be extended by the Zoning Enforcement Officer an additional 12 months for good cause shown.
   (c)   Signs Not Requiring Permit. The erection of the following signs shall not require a permit, provided that all applicable regulations of this chapter are complied with:
      (1)   Temporary signs for single-family and two-family dwellings.
      (2)   Nameplates.
      (3)   Temporary window signs.
      (4)   A traffic or other Municipal sign, legal notices, railroad crossing signs, danger signs and such temporary emergency or non-advertising signs as may be approved by Council are exempt from these requirements.
   (d)   Master Sign Plan. For multi-tenant buildings and development projects with multiple buildings in Business, Office, and Industrial Districts, the Planning Commission may approve basic sign parameters that set forth the location, size and style of each tenant sign. Such sign parameters may be established when the Planning Commission reviews development plans for new buildings or at the time that a specific sign application is made for an identification sign for an existing building. Whenever the Planning Commission has approved such sign parameters, the Zoning Enforcement Officer shall be authorized to review and approve any subsequent sign application submitted for a tenant of the development or building that complies with such sign parameters.
   (e)   Application Requirements. Applications for permits to erect, place, paint or alter a sign shall be made by the applicant and shall be submitted on forms furnished by the Zoning Enforcement Officer. Each application shall be made separately. Each application shall be accompanied by the following:
      (1)   A complete site plan, showing the exact location of the sign and its relationship to the building, the locations and square footage of all existing signs on site, the lot frontage, the adjacent parcels and parking lots, drives and sidewalks;
      (2)   The design and layout of the proposed sign, drawn to scale and including the total area of the sign and the size, character and color of letters, lines and symbols;
      (3)   Details and specifications for construction, erection and attachment as may be required by the applicable building code;
      (4)   A permit fee for each sign application, pursuant to the fee schedule as listed in the most current edition of the Fee Ordinance; and
      (5)   The method of illumination if any.
(Ord. 58-01. Passed 5-29-01; Ord. 186-01. Passed 1-28-02; Ord. 77-02. Passed 5-28-02; Ord. 191-03. Passed 9-8-03.)