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Beavercreek City Zoning Code

SIGNS

§ 158.145 INTENT.

    To establish size and location standards which will meet the needs of citizens, businesses and other organizations within the city, while at the same time protect and enhance the visual quality of the City of Beavercreek.
(Ord. 09- 21, passed 7-27-09; Am. Ord. 24-3, passed 2-12-24)

§ 158.146 EXEMPT SIGNS.

   (A)   Exempt signs. The following signs are exempt from this code and shall not require permits:
      (1)   Temporary or permanent signs erected and maintained by the city, County, State or Federal government for traffic direction or for direction to or identification of a governmental facility or community event as declared by the City Manager.
      (2)   Temporary and yard signs, as defined in § 158.03.
      (3)   Identification signs mounted to the front wall of a building or to a lamp post in the front yard not to exceed two square feet in sign area.
      (4)   Single faced signs, located within the confines of a parking space not to exceed four square feet.
      (5)   Barber poles, not larger than six inches in diameter, and three feet in height.
      (6)   Unshielded luminous tube (neon and/or LED) lighting, of small diameter (½ inch) which acts as an architectural detail on the exterior of any commercial structure; limited to rooflines, and cannot be located on the side of the building facing any residential structure or district.
(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 24-3, passed 2-12-24)

§ 158.147 PROHIBITED PERMANENT AND TEMPORARY SIGNS.

   (A)   All signs not expressly permitted under this section or exempt from regulation under the previous section are prohibited in the city.
   (B)   Such signs include but are not limited to:
      (1)   Abandoned signs.
      (2)   Beacons and searchlights except for emergency, health or safety purposes.
      (3)   Blinking, flashing or intermittent lighting, except those permitted under electronic copy signs in "B" districts.
      (4)   Moving, animated or rotating signs.
      (5)   Pennants, streamers, banners, windfeathers, flags not exempt under § 158.146, and similar devices.
      (6)   All helium, gas and air balloons located on or anchored to structures, vehicles, the ground, or to anything connected to or on the ground, including skytubes, skydancers, and similar devices.
      (7)   Portable signs except as authorized under temporary signs.
      (8)   Projecting roof signs.
      (9)   Signs attached to any tree, utility pole, bench, trash receptacle and/or enclosure on public property, city property, and /or in a utility easement.
      (10)   Signs for which a permit is required and has not been issued by the city or which are not exempt under § 158.146.
      (11)   Commercial signs attached to or painted on the face of accessory buildings except those attached to automatic teller machines or similar structures.
      (12)   Any sign which, by reason of its size, shape, location, content, coloring or manner of illumination:
         (a)   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 and roads.
         (b)   May be confused with a traffic-control sign, signal or device or the light of an emergency or road equipment vehicle.
      (13)   Signs which obstruct free ingress and egress from a required door, window, fire escape, or other required exit way.
      (14)   Signs or parts thereof which are erected within or above a public right-of-way or on public property.
      (15)   Obscene signs.
      (16)   Spinning devices or strings of spinning devices.
      (17)   Window signs in any district which covers more than 50% of total window area.
      (18)   Any sign that is attached, painted or placed onto or inside a parked vehicle which is used primarily for commercial advertising is prohibited unless such advertising pertains to the business for which the vehicle is actively and normally used (e.g. delivery or service van/truck) or for the sale or rental of the vehicle itself.
      (19)   Billboards and electronic variable message signs or digital billboards.
      (20)   Off-premise signs.
      (21)   Dangerous and/or defective signs.
(Ord. 09-21, passed 7-27-09; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 23-10, passed 5-22-23; Am. Ord. 24-3, passed 2-12-24)

§ 158.148 GENERAL DESIGN, ERECTION AND MAINTENANCE PROVISIONS.

   Every sign shall be designed, erected, adequately anchored, altered, reconstructed, moved and maintained in accordance with the provisions of this section unless specifically modified by another section of this chapter.
   (A)   Automatic teller machine signs - (ATMs). Automatic teller machines or similar devices either attached to a principal structure or enclosed within an independent free standing structure shall be permitted two square feet of sign area for every one foot width of the ATM structure not to exceed 20 square feet of total sign area.
   (B)   Awning signs.
      (1)   Awning signs may be displayed in lieu of but not in addition to a wall sign for an individual establishment.
      (2)   If illuminated, such awning shall have lighting concealed from view.
      (3)   An awning sign shall not project higher than the top of the awning to which sign text is affixed.
   (C)   Changeable copy area.
      (1)   Permanent ground signs located in "B" Districts as well as permitted conditional uses in agricultural and residential districts may incorporate up to 50% per side of total sign area for changeable copy, with a maximum 24 inches in height of changeable copy area.
      (2)   Changeable copy may be used in lieu of but not in addition to electronic copy.
      (3)   All permanent changeable copy signs must be enclosed and locked securely in a clear glass or plastic casing.
      (4)   No property that utilizes a changeable copy sign shall be permitted to have any temporary commercial signage.
   (D)   Dangerous or defective signs not permitted. A sign in dangerous or defective condition shall not be permitted on any premises. Any such sign constitutes a nuisance and shall be removed or repaired as required under § 158.156.
   (E)   Electronic copy signs.
      (1)   Permanent ground signs located in "B" Districts as well as permitted conditional uses in agricultural and residential districts may incorporate up to 50% per side of total sign area for electronic copy with a maximum 24 inches in height of electronic copy. The measurement for an electronic copy sign includes the entire area of the electronic copy structure, not the letter area.
      (2)   Electronic copy may be used in lieu of but not in addition to changeable copy.
      (3)   Electronic display shall remain constant for a period not less than two seconds per message.
      (4)   No property that utilizes an electronic copy sign shall be permitted to have any temporary commercial signage.
      (5)   Electronic copy signs shall be permitted as ground signs only. No wall sign shall be permitted to have electronic copy sign area.
   (F)   Ground signs.
      (1)   General.
         (a)   Any temporary ground sign or any part thereof shall be set back a minimum distance of 15 feet from the edge of an adjacent roadway pavement. Additional setback may be required to avoid placement within the public right-of-way.
         (b)   A permanent ground sign or any part thereof shall be set back a minimum distance of five feet from any right-of-way or from any proposed right-of-way or any property line or as otherwise required in this section. Greater setbacks for permanent signs may be required to improve sight distances at intersections. All ground signs must be located only in the front yard unless otherwise expressly permitted by this section. In no instance may a ground sign be located closer than 15 feet from the edge of roadway pavement.
         (c)   The Planning and Zoning Department may permit a slight variation from the minimum street frontage spacing requirements for ground signs applicable in individual zoning districts if conflict with driveways, natural barriers, trees, and utility equipment is unavoidable.
         (d)   If a ground sign is pole-mounted, skirting shall be installed between the bottom of the sign and the ground to visually convey the impression of a monument-type sign.
      (2)   Minimum street frontage. Permanent ground signs shall be prohibited on parcels with street frontage less than 50 feet in width at the right-of-way line unless otherwise expressly permitted in this sign code.
      (3)   Landscaping requirements. A permanent ground sign shall require a single continuous landscaped area to be maintained around the base of the sign in accordance with the following standards:
         (a)   The minimum landscaped area shall be equal to or greater than the total sign area of the sign.
         (b)   The landscaped area shall include all points where sign structural supports attach to the ground and are visible.
         (c)   Where the required landscaped area is adjacent to a paved surface accessible to vehicular traffic, a raised non-mountable curb suitable to prevent the encroachment of vehicles into the landscaped area shall be required. The minimum distance between the face of any such required curb and any part of the sign shall be 30 inches.
         (d)   The landscaped area shall include one or more of the following plant materials: shrubs, trees, grass and/or seasonal varieties permanently located and properly maintained with dead vegetation replaced as soon as weather permits. The use of exposed concrete, asphalt, or any other paved surface inside the required landscaped area beneath the sign is prohibited.
      (4)   Construction sites. During construction of a commercial or residential development, one free-standing temporary ground-mounted sign shall be permitted to be installed on the site of the commercial or residential development. The sign shall be single-faced, have a maximum height of eight feet and not exceed 32 square feet in sign area. Minimum setback for the sign shall be 15 feet from the public right-of-way. The sign shall be removed within two years after the date on the sign permit, or a new permit shall be needed.
         (a)   To ensure removal, the applicant shall be required to place a cash bond with the city at the time of the permit issuance for the removal of the sign. Said bond shall be in the amount as stated in the approved fee schedule of the city and shall be refunded in full to the applicant if the permitted sign is removed within the required timeframe.
         (b)   In the event a permitted construction sign is not removed at the required time, said sign shall be deemed an illegal sign and the bond shall be forfeited to the city to cover removal costs.
   (G)   Marquee signs.
      (1)   Marquee signs may be displayed in lieu of but not in addition to any other form of permanent sign identification with the exception of under marquee signs for an individual business establishment.
      (2)   If illuminated, such marquee signs shall have lighting concealed from view.
   (H)   Neon signs and neon or LED banding.
      (1)   Neon signs shall be permitted in business districts only, unless otherwise approved in a PUD district and cannot be located on the side of the building facing any residential structure or district.
      (2)   Neon signs may be displayed in lieu of, but not in addition to, a wall sign for an individual establishment.
      (3)   Neon or LED banding shall be allowed provided the banding follows the roofline, and the tubes are no larger than one-half inch in diameter.
   (I)   Number of signs permitted. An individual establishment shall be permitted a maximum of two types of permanent sign identification unless otherwise permitted or prohibited in this section.
   (J)   Planned Unit Development sign programs. Signs which have been approved as part of a Planned Unit Development sign program may vary from the requirements stated within this section. Variations permitted through a PUD sign program may include but are not limited to the following: total number of signs permitted, sign size, sign setback, sign height, material composition of sign and percentage of sign area devoted to changeable copy or electronic copy. Such deviations are recognized to be primarily for safety or unique parcel configuration circumstances and are not intended to circumvent the intent of the sign code.
   (K)   Sign location with respect to street and building frontages.
      (1)   All signs permitted by virtue of a premises having street frontage or building frontage shall be located only along the front of the structure or property visible from the fronting roadway or from the adjacent parking lot.
      (2)   In the case where an individual occupant would have no building frontage, the maximum horizontal width of the portion of the building where that occupant's main entrance is located shall be considered that occupant's separate and distinct building frontage. In the case where the ground floor of a building is occupied by two or more different tenants, the portion of the building frontage occupied by each tenant shall be considered a separate and distinct building frontage.
   (L)   Temporary sign illumination. Illumination of a temporary sign shall be prohibited.
   (M)   Temporary signs (additional permitted). In addition to temporary signs permitted in the specific district requirements of this section, temporary signs shall also be permitted which comply with the following requirements:
      (1)   Temporary signs on properties for sale, rent, or lease:
         (a)   Location. One ground or window sign per street frontage shall be permitted. Any ground sign or part thereof shall be set back a minimum of 15 feet from the edge of any adjacent roadway pavement. Additional setback may be required to avoid placement within the public right-of-way and/or to prevent a line-of-sight obstruction. No sign may be located within the median or any other part of a public right-of-way and shall not block visibility or create an obstacle for motorists, bicyclist, or pedestrians.
         (b)   Area. In residential districts, the total sign area shall not exceed six square feet per sign face or 12 square feet in total sign area if two sided. In nonresidential districts, total sign area shall not exceed 16 square feet per sign face, or 32 square feet in total sign area if two sided.
         (c)   Height. In residential districts, the sign height shall not exceed four feet. In nonresidential districts, sign heights shall not exceed five feet.
      (2)   Temporary non-commercial signs in residential districts.
         (a)   Signs shall not be illuminated.
         (b)   Signs shall not be displayed in the right-of-way, cannot create a line-of-sight hazard, and cannot block traffic or pedestrians.
      (3)   Temporary commercial signs in residential districts.
         (a)   Signs shall not be illuminated.
         (b)   Signs shall not be larger than six square feet per sign face or 12 square feet in sign area if two sided.
         (c)   Signs shall not be mounted to any tree, utility pole or building.
         (d)   Signs shall not be displayed in the right-of-way, cannot create a line of sight hazard, and cannot block traffic or pedestrians.
      (4)   Temporary non-commercial signs in commercial districts.
         (a)   Signs shall not be illuminated.
         (b)   Signs shall, not be displayed in the right-of-way, cannot create a line of sight hazard, and cannot block traffic or pedestrians.
         (c)   Signs shall not be mounted to any tree, utility pole or building.
      (5)   Commercial districts.
         (a)   Signs shall not be illuminated.
         (b)   Each commercial parcel shall be allowed one large sign, up to 16 square feet per sign face, or 32 square feet if two-sided.
         (c)   In addition to the large sign, each commercial parcel shall be allowed an additional 36 square feet within smaller signs, each of which shall be no larger than six square feet per sign face, or 12 square feet if two-sided.
         (d)   Signs shall not be mounted to any tree, utility pole or building.
         (e)   Signs shall not be displayed in the right-of-way, cannot create a line-of-sight hazard, and cannot block traffic or pedestrians.
         (f)   The city may cause the removal of any deteriorated sign and charge the expenses for the removal to the owner of the property on which the sign is displayed. If posts are used to display larger signs, said posts shall also be removed within 60 days from the date the sign is posted.
         (g)   Prior to the placement of a sign on a commercial property, the owner of the sign shall submit and receive approval by the Planning Department for a Temporary Sign Permit.
         (h)   Prior to the placement of the sign on a commercial property, the owner of the sign shall submit and receive approval by the Ohio Utility Protection Services before driving posts for large signs.
   (N)   Under marquee signs. Under marquee signs shall be mounted as nearly as possible to right angles of the building face.
   (O)   Wall signs bearing a commercial message.
      (1)   A wall sign may be displayed in lieu of, but not in addition to, an awning sign or neon sign for an individual establishment.
      (2)   A wall sign shall not project more than 18 inches from the wall of the building upon which it is mounted.
      (3)   A wall sign shall be inclined from the vertical only to the extent necessary for conformity to the general contour of the wall to which the sign is mounted.
      (4)   A wall sign shall not extend above the top of the wall and shall not extend beyond the limits of any wall to which it is attached.
      (5)   A wall sign shall not mask or interrupt a major architectural feature (such as, but not limited to, doors, windows, or trim).
      (6)   A wall sign shall have hidden structural supports and shall be mounted in such a way as to not allow movement by normal atmospheric conditions.
      (7)   If illuminated, such lighting shall not produce glare and all lighting elements, including wiring, shall be concealed from view.
      (8)   The removal or alteration of any wall sign shall result in the underlying façade being returned to its original construction condition, so as to leave no evidence of a former sign.
   (P)   Exterior lighting for signage. See § 158.136, Standards for Exterior Lighting.
   (Q)   All signs using illumination, whether internal or external, shall be maintained in good working order. Any inoperable light source, which gives the sign an incomplete appearance, shall be replaced by the owner of the sign as soon as practical.
(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 14-17, passed 8-25-14; Am. Ord. 15-23, passed 8-24-15; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 24-3, passed 2-12-24)

§ 158.149 COMMERCIAL SIGNS PERMITTED IN A-1 DISTRICTS.

   (A)   Total sign area allowed. Total sign area for a permanent ground sign for each developed nonresidential or nonagricultural parcel with a permitted or conditional use shall be based on one quarter square foot of sign area for each linear foot of street frontage. Sign area for permanent wall signs shall be based on one half square foot of sign area for each linear foot of building frontage.
   (B)   Permanent ground signs.
      (1)   One ground sign shall be permitted for each developed parcel. A larger number or size of ground signs may be permitted through the PUD or conditional use process.
      (2)   Developed parcels located on corner lots are permitted only one ground sign.
      (3)   The total sign area of a ground sign shall not exceed 30 square feet per sign face or 60 square feet in total sign area.
      (4)   No ground sign shall exceed five feet in height from established grade to top of sign structure. See also Appendix C.
      (5)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of signs on one building frontage.
      (6)   Where a developed parcel has street frontage in excess of 250 feet, one additional ground sign may be permitted for additional occupants of a parcel provided that the distance between the ground signs is not less than 150 feet and are not located closer than 50 feet to any adjoining side property line.
   (C)   Permanent wall signs.
      (1)   One wall sign per building frontage shall be permitted for nonresidential or nonagricultural premises with a permitted conditional use.
      (2)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of signs on one building frontage.
      (3)   A wall sign shall not project above the top of the wall to which attached.
   (D)   Temporary ground signs bearing a commercial message excluding those outlined in § 158.148.
      (1)   Each individual establishment shall be allowed to choose one of the following options per calendar year for a temporary portable ground sign containing changeable copy or for an A-frame sign.
         (a)   Two temporary sign permits each calendar year for a period of time not to exceed one continuous 15-day period per sign permit. Each continuous 15-day period shall be separated from any subsequent 15-day period by no less than 30 calendar days.
         (b)   One temporary sign permit each calendar year for a period of time not to exceed one continuous 30-day period.
      (2)   The sign shall not exceed five feet in height.
      (3)   Total sign area for temporary ground signs, which are to be constructed of metal, wood, plastic or fiberboard, shall not exceed 20 square feet in sign area per sign face, total sign area not to exceed 40 square feet.
(Ord. 09-21, passed 7-27-09; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 24-3, passed 2-12-24)

§ 158.150 COMMERCIAL SIGNS PERMITTED IN R DISTRICTS.

   (A)   Total sign area allowed. Total sign area for a permanent ground sign for any parcel with a permitted or conditional use, shall be based on one half square foot of sign area for each linear foot of street frontage. Sign area for permanent wall signs shall be based on one half square foot of sign area for each linear foot of building frontage.
   (B)   Permanent ground signs.
      (1)   One permanent ground sign shall be permitted near the entrance of an approved subdivision, neighborhood, multi-family development complex, or permitted conditional use. A larger number or size of ground signs may be approved through the PUD or conditional use process.
      (2)   Ground signs must be located along a principal arterial, major arterial or visually definable entryway to a residential subdivision or permitted conditional use.
      (3)   The total sign area of such a ground sign shall not exceed 60 square feet. The sign shall not exceed 30 square feet per face.
      (4)   No ground sign shall exceed five feet in height from established grade to top of sign structure. See also Appendix C.
   (C)   Permanent wall signs.
      (1)   One wall sign per building frontage shall be permitted for nonresidential or nonagricultural premises with a permitted conditional use.
      (2)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of signs on one building frontage.
      (3)   A wall sign shall not project above the top of the wall to which attached.
   (D)   Temporary ground signs for non-residential uses excluding those outlined in § 158.148.
      (1)   Each individual establishment shall be allowed to choose one of the following options per calendar year for a temporary portable ground sign.
         (a)   Two temporary sign permits each calendar year for a period of time not to exceed one continuous 15-day period per sign permit. Each continuous 15-day period shall be separated from any subsequent 15-day period by no less than 30 calendar days.
         (b)   One temporary sign permit each calendar year for a period of time not to exceed one continuous 30-day period.
      (2)   The sign height shall not exceed five feet.
      (3)   Total sign area for a temporary portable ground sign, which shall be constructed of metal, wood, plastic or fiberboard, shall not exceed 20 square feet in sign area per sign face, total sign area not to exceed 40 square feet.
      (4)   For approved conditional uses in R-Districts, where a developed parcel has street frontage in excess of 250 feet, one additional ground sign may be permitted for additional occupants of a parcel provided that the distance between the ground signs is not less than 150 feet and are not located closer than 50 feet to any adjoining side property line.
(Ord. 09-21, passed 7-27-09; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 17-10, passed 7-24-17; Am. Ord. 24-3, passed 2-12-24)

§ 158.151 COMMERCIAL SIGNS PERMITTED IN RO-1 DISTRICTS.

   (A)   Permanent ground signs.
      (1)   One ground sign shall be permitted for each non-residential developed parcel. A larger number of ground signs may be approved through the PUD or conditional use process.
      (2)   The total sign area of such a ground sign shall not exceed 30 square feet. An individual sign face shall not exceed 15 square feet.
      (3)   No such ground sign shall exceed four feet in height from the established grade to the top of sign structure.
      (4)   Such a ground sign must be constructed of natural materials and shall not be internally illuminated.
      (5)   Such a ground sign must be located at least 50 feet from any adjacent residential district
      (6)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of the signs on one building frontage.
   (B)   Permanent wall signs.
      (1)   One wall sign, which shall not exceed four square feet in sign area, is permitted on the front wall of the structure.
      (2)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of the signs on one building frontage.
      (3)   Such a wall sign shall not exceed eight feet in height from the base of the main entrance door sill.
   (C)   Temporary ground signs bearing a non-commercial message excluding those outlined in § 158.148.
      (1)   Only one temporary ground sign constructed of fiberboard, wood or plastic shall be permitted on an individual residential office parcel for a period of time not to exceed one continuous seven-day period in any one calendar year.
      (2)   The sign height shall not exceed four feet. See also Appendix C.
      (3)   Total sign area for a temporary ground sign shall be based on one square foot of sign area for every ten linear foot of street frontage. The total sign area shall not exceed ten square feet per sign face or 20 square feet in total sign area.
(Ord. 09-21, passed 7-27-09; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 24-3, passed 2-12-24)

§ 158.152 COMMERCIAL SIGNS PERMITTED IN B-1 AND B-2 DISTRICTS.

   (A)   Total sign area allowed. Total sign area for a permanent ground sign for each developed parcel shall be based on one-half square foot of sign area for each linear foot of street footage. Sign area for permanent awning, wall, neon and under marquee signs shall be based on one square foot of sign area for each linear foot of building frontage.
   (B)   Permanent ground signs.
      (1)   One ground sign shall be permitted for each developed parcel. A larger number of ground signs may be approved through the PUD or conditional use process.
      (2)   Where a developed parcel has street frontage in excess of 250 feet, one additional ground sign may be permitted for additional occupants of a parcel provided that the distance between the ground signs is not less than 150 feet and are not located closer than 50 feet to any adjoining side property line.
      (3)   The total sign area of a ground sign shall not exceed 25 square feet per sign face or 50 square feet in total sign area.
      (4)   No ground sign shall exceed five feet in height from established grade to top of sign structure. See also Appendix C.
      (5)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of the signs on one building frontage.
   (C)   Permanent awning sign. One awning sign per building frontage shall be permitted for an individual establishment.
   (D)   Permanent wall signs.
      (1)   No more than one wall sign per building frontage shall be permitted for an individual establishment.
      (2)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of the signs on one building frontage.
      (3)   A wall sign shall not project above the top of the wall to which attached.
   (E)   Permanent under marquee signs.
      (1)   No more than one under marquee sign is permitted for an individual establishment.
      (2)   Signs attached to the underside of a marquee shall have a sign area no greater than four square feet per sign face.
      (3)   Such signs shall have a minimum clearance of nine feet from the bottom of the sign to the sidewalk.
   (F)   Temporary ground signs bearing a commercial message excluding those outlined in § 158.148.
      (1)   Each individual establishment shall be allowed to choose one of the following options per calendar year for a temporary portable ground sign.
         (a)   Two temporary sign permits each calendar year for a period of time not to exceed one continuous 15-day period per sign permit. Each continuous 15-day period shall be separated from any subsequent 15-day period by no less than 30 calendar days.
         (b)   One temporary sign permit each calendar year for a period of time not to exceed one continuous 30-day period.
      (2)   The sign height shall not exceed five feet.
      (3)   Total sign area for a temporary portable ground sign, which shall be constructed of metal, wood, plastic or fiberboard, shall not exceed 20 square feet in sign area per sign face, total sign area not to exceed 40 square feet.
   (G)   Permanent canopy sign.
      (1)   A maximum of one canopy sign per canopy frontage shall be permitted per establishment.
      (2)   Canopy signs may not project above or below canopy facing.
      (3)   Total sign area permitted for all canopy signs attached to a canopy structure shall not exceed 50% of the total sign area allotted the principal building frontage.
   (H)   Signs for drive-thru restaurants.
      (1)   One additional ground sign is permitted per drive-thru restaurant, and shall be located adjacent to the drive-thru lane.
      (2)   Total sign area shall not exceed 20 square feet.
      (3)   Maximum height shall be 6 feet.
      (4)   All ground mounted signs shall conform to the landscape requirements for ground signs as specified in § 158.148(F)(3).
   (I)   Blade Signs.
      (1)   Total sign area for a blade sign shall not exceed four square feet per sign face.
      (2)   Blade signs shall not project any higher than three feet from the building.
      (3)   The bottom of blade signs shall not be any lower than eight feet from grade.
(Ord. 09-21, passed 7-27-09; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 12-15, passed 8-13-12; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 24-3, passed 2-12-24)

§ 158.153 COMMERCIAL SIGNS PERMITTED IN B-3 AND B-4 DISTRICTS.

   (A)   Total sign area allowed. Total sign area for a permanent ground sign for each developed parcel shall be based on three-fourths square feet of sign area for each linear foot of street footage. Sign area for permanent awning, wall, neon, canopy, marquee and under marquee signs shall be based on one and one-half square feet of sign area for each linear foot of building frontage.
   (B)   Permanent ground signs.
      (1)   One ground sign shall be permitted for each developed parcel. A larger number of ground signs may be approved through the PUD or conditional use process.
      (2)   Where a developed parcel has street frontage in excess of 300 feet, one additional ground sign may be permitted for additional occupants of a parcel provided that the distance between the ground signs is not less than 200 feet and said signs are not located closer than 50 feet to any adjoining side property line.
      (3)   The total sign area of a ground sign shall not exceed 32 square feet per sign face or 64 square feet in total sign area.
      (4)   No ground sign shall exceed four feet in height from established grade to top of sign structure. See also Appendix C.
      (5)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of the signs on one building frontage.
   (C)   Permanent awning sign. One awning sign per building frontage shall be permitted for an individual establishment.
   (D)   Permanent wall signs.
      (1)   One wall sign per building frontage shall be permitted for an individual establishment.
      (2)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of the signs on one building frontage.
      (3)   A wall sign shall not project above the top of the wall to which attached.
   (E)   Permanent canopy signs.
      (1)   One sign per canopy frontage shall be permitted per establishment.
      (2)   Canopy signs may not project above or below canopy facing.
      (3)   Total sign area permitted for all canopy signs attached to a canopy structure shall not exceed 50% of the total sign area allotted the principal building frontage.
   (F)   Permanent marquee signs.
      (1)   A changeable copy marquee sign shall be permitted only on places of public entertainment such as theaters, arenas, and the like.
      (2)   Total sign area permitted for a marquee sign shall not exceed 75% of total sign area allotted the building frontage.
      (3)   The marquee sign shall not project above the top of the wall to which it is attached and shall not be less than nine feet in height from the sidewalk.
      (4)   The marquee sign shall not extend more than 18 inches from the wall of the building upon which it is mounted.
   (G)   Permanent under marquee signs.
      (1)   No more than one under marquee sign shall be permitted for an individual establishment.
      (2)   Signs attached to the underside of a marquee shall have a sign area no greater than six square feet per sign face.
      (3)   Signs shall have a minimum clearance of nine feet from the bottom of the sign to the sidewalk.
   (H)   Temporary ground signs bearing a commercial message excluding those outlined in § 158.148.
      (1)   Each individual establishment shall be allowed to choose one of the following options per calendar year for a temporary portable ground sign.
         (a)   Two temporary sign permits each calendar year for a period of time not to exceed one continuous 15-day period per sign permit. Each continuous 15-day period shall be separated from any subsequent 15-day period by no less than 30 calendar days.
         (b)   One temporary sign permit each calendar year for a period of time not to exceed one continuous 30-day period.
      (2)   The sign height shall not exceed five feet.
      (3)   Total sign area for a temporary portable ground sign, which shall be constructed of metal, wood, plastic or fiberboard, shall not exceed 20 square feet in sign area per sign face, total sign area not to exceed 40 square feet.
   (I)   Signs for drive-thru restaurants.
      (1)   One additional ground sign is permitted per drive-thru restaurant, and shall be located adjacent to the drive-thru lane.
      (2)   Total sign area shall not exceed 20 square feet.
      (3)   Maximum height shall be six feet.
      (4)   All ground mounted menu board signs shall conform to the landscape requirements for ground signs as specified in § 158.148 (F)(3).
(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 24-3, passed 2-12-24)

§ 158.154 COMMERCIAL SIGNS PERMITTED IN O-1, RP-1 AND ORP-1 DISTRICTS.

   (A)   Total sign area allowed. Total sign area for a permanent ground sign for each developed parcel shall be based on one-half square foot of sign area for each linear foot of street footage. Sign area for permanent awning and wall signs shall be based on one square foot of sign area for each linear foot of building frontage.
   (B)   Permanent ground signs.
      (1)   One ground sign shall be permitted for each developed parcel. A larger number of ground signs may be approved through the PUD or conditional use process.
      (2)   Where a developed parcel has street frontage in excess of 200 feet, one additional ground sign may be permitted for additional occupants of a parcel provided that the distance between ground signs is not less than 150 feet and said signs are not located closer than 25 feet to any adjoining side property line.
      (3)   The total sign area of a ground sign shall not exceed 25 square feet per sign face or 50 square feet in total sign area.
      (4)   No ground sign shall exceed five feet in height from established grade to top of sign structure. See also Appendix C.
      (5)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of the signs on one building frontage.
      (6)   One ground sign shall be permitted at the entrance to each major arterial serving a Research Park District or Office Research Park District. The sign area shall not exceed 50 square feet per side and maximum of 100 square feet total of all sides and shall not be higher than six feet and shall be set back a minimum of 20 from the right-of-way.
   (C)   Permanent awning signs. One awning sign shall be permitted for an individual establishment with orientation toward a street or an internal pedestrian movement or courtyard area.
   (D)   Permanent wall signs.
      (1)   One wall sign per building frontage shall be permitted for an individual establishment.
      (2)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of the signs on one building frontage.
      (3)   A wall sign shall not project above the top of the wall to which attached.
   (E)   Temporary ground signs bearing a commercial message excluding those outlined in § 158.148.
      (1)   Each individual establishment shall be allowed to choose one of the following options per calendar year for a temporary portable ground sign.
         (a)   Two temporary sign permits each calendar year for a period of time not to exceed one continuous 15-day period per sign permit. Each continuous 15-day period shall be separated from any subsequent 15-day period by no less than 30 calendar days.
         (b)   One temporary sign permit each calendar year for a period of time not to exceed one continuous 30-day period.
      (2)   The sign height shall not exceed five feet.
      (3)   Total sign area for a temporary portable ground sign, which shall be constructed of metal, wood, plastic or fiberboard, shall not exceed 20 square feet in sign area per sign face, total sign area not to exceed 40 square feet.
   (F)   Signs for drive-thru restaurants.
      (1)   One additional ground sign is permitted per drive-thru restaurant, and shall be located adjacent to the drive-thru lane.
      (2)   Total sign area shall not exceed 20 square feet.
      (3)   Maximum height shall be six feet.
      (4)   All ground mounted signs shall conform to the landscape requirements for ground signs as specified in § 158.148(F)(3).
(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 12-15, passed 8-13-12; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 24-3, passed 2-12-24)

§ 158.155 COMMERCIAL SIGNS PERMITTED IN I-1 AND I-2 DISTRICTS.

   (A)   Total sign area allowed. Total sign area for a permanent ground sign for each developed parcel shall be based on one-half square foot of sign area for each linear foot of street footage. Sign area for permanent awning and wall signs shall be based on three-fourths square foot of sign area for each linear foot of building frontage.
   (B)   Permanent ground signs.
      (1)   One ground sign shall be permitted for each developed parcel. A larger number of ground signs may be approved through the PUD or conditional use process.
      (2)   Where a developed parcel has street frontage in excess of 500 feet, one additional ground sign may be permitted for additional occupants of a parcel provided that the distance between ground signs is not less than 250 feet and said signs are not located closer than 125 feet to any adjoining side property line.
      (3)   The total sign area of a ground sign shall not exceed 50 square feet per sign face or 100 square feet in total sign area.
      (4)   No ground sign shall exceed six feet in height from established grade to top of sign structure. See also Appendix C.
      (5)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of the signs on one building frontage.
   (C)   Permanent awning signs. One awning sign shall be permitted for an individual establishment with orientation toward a street or an internal pedestrian movement area.
   (D)   Permanent wall signs.
      (1)   One wall sign per building frontage shall be permitted for an individual establishment.
      (2)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of the signs on one building frontage.
      (3)   A wall sign shall not project above the top of the wall to which attached.
   (E)   Temporary ground signs bearing a commercial message excluding those outlined in § 158.148.
      (1)   Each individual establishment shall be allowed to choose one of the following options per calendar year for a temporary portable ground sign.
         (a)   Two temporary sign permits each calendar year for a period of time not to exceed one continuous 15-day period per sign permit. Each continuous 15-day period shall be separated from any subsequent 15-day period by no less than 30 calendar days.
         (b)   One temporary sign permit each calendar year for a period of time not to exceed one continuous 30-day period.
      (2)   The sign height shall not exceed five feet.
      (3)   Total sign area for temporary ground signs, which are to be constructed of metal, wood, plastic or fiberboard, shall not exceed 20 square feet in sign area per sign face, total sign area not to exceed 40 square feet.
(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 12-15, passed 8-13-12; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 24-3, passed 2-12-24)

§ 158.156 ADMINISTRATION AND ENFORCEMENT OF SIGNS.

   (A)   General. The Code Enforcement Officer shall enforce all provisions of this section.
   (B)   Permits required. A zoning permit shall be obtained for erection, construction, relocation, or alteration of any sign unless exempted by this chapter. Any sign subject to this chapter shall comply with all city zoning, building, and electrical codes.
   (C)   Permit application. Application for a permit to install a temporary or permanent sign shall be made upon an application form provided by the Planning and Zoning Department. This application shall be accompanied by such information as may be required to assure compliance with all appropriate provisions of this chapter.
   (D)   Permit fee. A fee shall accompany each sign permit application, in accordance with § 158.173 (C). In addition, when any sign is erected, placed, installed or otherwise established on any property without first obtaining the permit required by this section, the fee shall be doubled; however the payment of such double fee shall not relieve any person from complying with other provisions of this chapter or from penalties prescribed herein.
   (E)   Sign duration. 
      (1)   Permanent. Any sign deemed permanent under this chapter shall remain a permanent sign unless otherwise stated in this chapter. A renewal fee is not required.
      (2)   Temporary. Any commercial sign deemed temporary under this chapter shall comply with the duration specified within §§ 158.145 - 158.155.
   (F)   Maintenance of signs. Every sign, whether requiring a sign permit or not, shall be maintained in a safe and aesthetically presentable condition at all times and must not appear to be in a deteriorated or dilapidated condition. Proper sign maintenance includes, but is not limited to, the replacement of defective parts, painting, cleaning, and other acts required for maintenance of the appearance and structural condition of the sign.
   (G)   Removal of sign outside of the right-of way by the Code Enforcement Officer. 
      (1)   The Code Enforcement Officer shall cause to be removed any temporary or permanent sign that constitutes a public nuisance in that it endangers the public safety, such as a sign which has been abandoned, is illegal, is dangerous, or is materially, electrically, or structurally defective. The Code Enforcement Officer shall also cause to be removed any sign except a valid nonconforming sign for which no permit has been issued or a sign which is not in compliance with the permit issued. Before removing any such sign, however, the Code Enforcement Officer shall first prepare a notice which describes the sign and specifies the violation involved. This notice shall require that a permanent sign shall be removed or the violation corrected within the next ten days or that a temporary sign shall be removed or the violation corrected within the next 24 hours. If this notice is not complied with, the sign shall be removed immediately following the applicable time frames by the Code Enforcement Officer in accordance with the provisions of this section.
      (2)   All notices issued by a Code Enforcement Officer may be served by certified mail, by placing in a prominent place on the property or delivery to the property owner, current occupant, to a person temporarily or permanently in charge of the establishment or the sign owner in case of temporary signs. Any time periods provided in this chapter shall be deemed to commence on the date of the service of the notice.
      (3)   The property owner and current occupant shall be jointly and severally obligated to reimburse the city immediately for all third party and administrative expenses incurred in removing any sign including but not limited to costs to the city for the time of city employees. If the violations are corrected and removal obligations paid, the property owner, the occupant or the sign owner of temporary sign may reclaim the sign from the city.
   (H)   Removal of unlawful sign in the public rights-of-way. Signs, other than governmental signs, are specifically prohibited in public rights-of-way. The city shall immediately remove or cause to be removed from the public rights-of-way any sign other than governmental as referenced in this section. Just as a private property owner may remove any sign placed on his or her private property so may the city if the sign is in violation of this section and/or this chapter. Such removal authority must be exercised in a nondiscriminatory manner.
   (I)   Recovery of unlawful signs. In order to recover any unlawful sign confiscated by the city, a sign recovery fee, as determined by City Council, must be paid prior to pickup. Should the sign recovery fee not be paid within ten days from the date the sign was confiscated, the sign shall become property of the City of Beavercreek.
(Ord. 09-21, passed 7-27-09; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 24-3, passed 2-12-24)

§ 158.157 NONCONFORMING SIGNS.

   (A)   General. Any sign lawfully existing prior to the effective date of this chapter or amendments thereto, which no longer conforms to all the standards and regulations of the current chapter.
   (B)   Rules for nonconforming signs.
      (1)   A nonconforming sign shall not be replaced by another nonconforming sign except that the substitution or interchange of poster panels, painted boards or demountable material on nonconforming signs shall be permitted.
      (2)   Minor repairs and maintenance of nonconforming signs such as repainting, electrical repairs and neon tubing repair shall be permitted. However, no structural repairs or changes in the size or shape of the sign shall be permitted except to make the sign comply with the requirements of this section or to make it less nonconforming.
      (3)   If a nonconforming sign is damaged by more than one-half of its replacement value, it shall be removed and shall not be repaired or replaced except in conformance with this section.
      (4)   Any nonconforming sign which is altered, relocated or replaced shall comply with all provisions of this sign code as if it were a new sign.
(Ord. 09-21, passed 7-27-09; Am. Ord. 24-3, passed 2-12-24)

§ 158.158 ILLEGAL SIGNS.

   (A)   Does not satisfy code requirements. Any sign which is contrary to the requirements of this code and which does not satisfy the nonconforming specifications stated in this code shall be deemed an illegal sign.
   (B)   Illegally erected signs. Signs which were illegally erected, established or maintained with respect to the applicable requirements of prior resolutions or ordinances shall be removed or brought into compliance with this sign code per the requirements and procedures of § 158.156.
(Ord. 09-21, passed 7-27-09; Am. Ord. 24-3, passed 2-12-24)

§ 158.159 ELECTRONIC VARIABLE MESSAGE SIGNS OR DIGITAL BILLBOARDS.

   Electronic Variable Message Signs, which are also known as Shutter Style Signs and Digital Billboards shall not be permitted in the city. All such signs lawfully permitted by the City of Beavercreek prior to the effective date of this section shall be considered nonconformities pursuant to § 158.125 of this code and shall be subject to the restrictions and regulations imposed upon such nonconformities.
(Ord. 12-02, passed 2-13-12; Am. Ord. 12-15, passed 8-13-12; Am. Ord. 16-17, passed 8-22-16; Ord. 23-10, passed 5-22-23; Am. Ord. 24-3, passed 2-12-24)

§ 158.160 SPORTS FACILITY SPONSORSHIP SIGNS.

   Sports Facility Sponsorship Signs are permitted in all zoning districts as accessory uses at the following places: ballfield, soccer field, hockey rink, outdoor basketball court, tennis court, or other similar sports facility used by the public for athletic activities. Sports facility sponsorship signs are subject to the following required standards:
   (A)   Signs shall be one-sided and oriented toward the field of play.
   (B)   Signs shall not exceed 24 square feet on one sign face.
   (C)   Signs shall not be illuminated except by the regular sports facility lighting during hours of use of the sports facility.
   (D)   Signs shall be maintained in good condition.
(Ord. 24-3, passed 2-12-24)

§ 158.161 SCOPE.

   Every sign, including signs that do not require a permit, shall be developed and maintained in accordance with the standards prescribed herein unless specifically modified by another section of this chapter. In the event certain provisions conflict and cannot be reconciled, the more stringent shall apply.
(Ord. 24-3, passed 2-12-24)

§ 158.162 VIEWPOINT NEUTRALITY.

   (A)   Notwithstanding anything in this chapter to the contrary, no sign or sign structure shall be subject to any limitation based upon the viewpoint of the message contained on such sign or displayed on such sign structure.
   (B)   It is the policy of the city to regulate signs in a manner that does not favor commercial speech over noncommercial speech and does not regulate protected noncommercial speech by message.
   (C)   Any distinction between on-premise and off-premise signs applies only to commercial messages.
(Ord. 24-3, passed 2-12-24)

§ 158.163 CONSENT OF LEGAL OWNER OF PROPERTY.

   Except as required by state law, no sign may be displayed without the consent of the legal owner of the property on which the sign is located. For purposes of this section, “owner” means the holder of the legal title to the property and any party and person holding a present legal right to possession, control, or use of the property.
(Ord. 24-3, passed 2-12-24)