Botkins City Zoning Code

SIGNAGE

§ 153.170 INTENT.

The intent of this subchapter is to establish and enforce standards regarding the existence, size, location, construction and manner of display of signs placed in the village in order to promote and protect the public health, safety, and morals, and to enhance the physical and economic well being of the community. It is further intended to reduce sign or advertising clutter, distractions and obstructions that may contribute to traffic accidents; reduce hazards that may be caused by signs projecting into or over public rights-of-way; curb the deterioration of the natural environment; and to support and complement the land use objectives of the community.

(Ord. 03-04, passed - -2002)

§ 153.171 GENERAL REQUIREMENTS.

The regulations contained in subchapter shall apply to signs placed in any and all zoning districts within the village. Divisions (A) and (B) of this section shall not apply to any sign performing a public service function by indicating time, temperature, traffic and/or road conditions, or similar services.

(A) All illuminated signs shall employ a lighting device that only allows for the emission of light in constant intensity; and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light(s). In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams and illumination to cause glare or reflection that may constitute a traffic hazard or nuisance. This division shall not apply to any sign performing a public service function indicating time, temperature or similar service.

(B) No sign shall employ parts or elements which revolve, rotate, whirl, spin or otherwise make use of motion to attract attention. This division shall not apply to any sign performing a public service function indicating time, temperature or similar service.

(C) Signs erected and maintained pursuant to and as required by law, any governmental function, ordinance or governmental regulation shall be excluded from the regulations contained herein.

(D) Regulation of signs along interstate and primary highways shall conform to the requirements of R.C. Chapter 5516 and the regulations adopted pursuant thereto.

(E) No sign shall be placed in any public right-of-way except publicly-owned signs, such as traffic control and directional signs.

(F) Should any sign be or become unsafe or be in danger of falling, the owner thereof or the person maintaining the sign shall, upon receipt of written notice from the Zoning Administrator, proceed at once to put such sign in a safe and secure condition or remove the sign altogether.

(G) No sign of any type shall be installed, erected, or attached in any form, shape, or manner to a fire escape or any door or window giving access to any fire escape.

(H) No sign shall be attached to or supported by a tree, utility pole, trash receptacle, bench or public shelter.

(I) No sign shall be located nearer than eight feet vertically or four feet horizontally from any overhead electrical wires, conductors, or guy wires and shall comply with all safety requirements of the appropriate public utility.

(J) (1) The continuance of an existing sign that does not meet the regulations and requirements of this Zoning Code shall be deemed a legal, non-conforming sign. This status shall remain in effect until such sign has been determined to be abandoned, which occurs when any of the following conditions are present:

(a) The sign is associated with an abandoned use;

(b) The sign remains after a business has been closed to the public for at least 90 consecutive days. Seasonal businesses are exempt from this determination; and

(2) The Zoning Administrator shall take into account the above factors when making a determination as to what constitutes abandonment. If, upon finding that the signage is abandoned, the right to maintain and use such sign shall terminate immediately.

(K) No sign legally in existence at the time of the passage of this Zoning Code shall be replaced, changed, or altered unless the new or altered sign conforms to the provisions of this Zoning Code. Any modification, including size, dimensions, location, word, letters, electrification or configuration, shall constitute an alteration or change. However, maintenance of such sign in its exact condition and message does not constitute a change or alteration. This Zoning Code shall not apply to the message content of existing changeable copy signs.

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.172 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED SIGN. A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity, and/or for which no legal owner can be found.

AWNING. A shelter projecting from and supported by the exterior wall of a building and constructed of non-rigid materials on a supporting framework.

AWNING SIGN. A sign painted on, printed on or attached flat against the surface of an awning.

BENCH SIGN. Advertising or business signs painted on or affixed to a bench, chair, seat, or other structure or device designed or used for sitting purposes.

BULLETIN BOARD. Any sign erected by a charitable, educational or religious institution, or public body which is posted upon the same property as such institution, for purposes of announcing events which are held upon the premises and contains no commercial message.

CANOPY. A structure (other than an awning) made of cloth, metal or other material with frames affixed to a building and carried by a frame which is supported by the ground.

COMMERCIAL MESSAGE. Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

DIRECTIONAL/INFORMATIONAL SIGN. A sign, providing no advertising of any kind, which provides direction or instruction to guide persons to facilities intended to serve the public, such as public telephones, restrooms, walkways, parking areas and other similar facilities.

FREESTANDING SIGN. A sign supported upon the ground by poles, braces or posts and not attached to any building.

MAINTENANCE. The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.

MARQUEE. A permanent roof-like structure extending from the wall of a building, but not supported by the ground and constructed of durable material such as metal, wood or glass.

OFF-PREMISE SIGN. A sign which directs attention to a business, profession, activity, commodity, service, or entertainment other than one conducted, sold, or offered upon the premises where such sign is located.

ON-PREMISE SIGN. A sign which pertains to the use of the premises on which it is located.

PORTABLE SIGN. A sign not permanently affixed to the ground, a building, or other structure, which may be moved from place to place, including, but not limited to, signs designed to be transported by means of wheels, menu, and sandwich board signs, and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicle is used in the day-to-day operations of the business.

PROJECTING SIGN. A sign that is affixed to and extends beyond the building, wall or other structure to which it is attached.

ROOF SIGN. A sign erected, painted on, or attached in any manner in whole or in part upon, against, or directly above the roof or parapet line of a building.

SIGN. Any fabricated sign or display structure, including the structure itself and any letter, figure, character, mark, point, plane, marquee sign, design, poster, pictorial, picture, stripe, line, trademark, reading matter, or illuminating device, which is constructed, attached, erected, fastened, or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise whatsoever, and displayed in any manner for recognized advertising purposes.

TEMPORARY SIGN. A non-permanent sign erected, affixed and maintained on a premises for a short, usually fixed, period of time.

WALL SIGN. A sign painted on or mounted against, a building, structure or wall.

WINDOW SIGN. A sign attached to, placed upon, or painted on the window or door of a building which is intended for viewing from the exterior of such building.

(Ord. 03-04, passed - -2002)

§ 153.173 MEASUREMENT OF SIGN AREA.

The area of a sign face shall be computed by means of the smallest circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or housing.

(Ord. 03-04, passed - -2002)

§ 153.174 ON-PREMISE SIGNS EXEMPTED FROM PERMIT REQUIREMENTS.

The following types of on-premise, permit-exempt signs shall be in conformance with the requirements listed below:

(A) Construction signs shall be six square feet or less;

(B) Directional/informational signs shall be four square feet or less and limited to four such signs per lot;

(C) One non-illuminated nameplate indicating a home occupation or profession shall be four square feet or less and flush-mounted on the principal structure;

(D) Signs denoting the name and address of the occupants of the premises shall not exceed two square feet in area and shall contain no designations or references to home occupations or professions;

(E) Governmental signs or notices used for transportation, emergency or public information purposes;

(F) Any sign advertising the sale, lease or rental of the premises upon which the sign is located shall not exceed 12 square feet in area with the exception of residential districts, where the area of the sign shall not exceed six square feet. Such signs shall be removed within ten days after the sale, lease or rental has been concluded;

(G) Political signs, placards, or posters concerning candidates or issues for election shall be posted no more than 60 days before an election and shall be removed within seven days following the close of the election event and shall not exceed six square feet in area;

(H) Warning signs, such as but not limited to “No Trespassing,” “No Hunting”, “No Dumping,” “Keep Off The Grass” and the like shall be four square feet or less;

(I) Window signs shall not exceed 25% of the window surface;

(J) One temporary sign not exceeding 24 square feet in area on the premises of an institutional use, announcing special public events such as fairs, carnivals, festivals, charitable, or similar activities, when the same are located on the premises of such institutions may be erected for a period not to exceed 30 days. Such signs shall be removed within three days of the final day of the event; and

(K) Cornerstones, commemorative markers or tablets, and historical signs shall be limited in size to nine square feet.

(Ord. 03-04, passed - -2002)

§ 153.175 SIGNS REQUIRING A PERMIT.

All signs not specifically included under § 153.174 shall require the issuance of a sign permit. Signs shall be classified by location (on-premises and off-premises) and by type (wall, projecting, freestanding, roof, window and interstate). The requirements for on-premises signs listed in §§ 153.176 and 153.177 are established per zoning district.

(Ord. 03-04, passed - -2002)

§ 153.176 ON-PREMISE SIGNS PERMITTED IN RESIDENTIAL ZONES.

The following signs are allowable in any R-1, R-2 or R-3 Residential District:

(A) All signs as permitted in § 153.174, not requiring a permit;

(B) A permanent residential subdivision sign that identifies the name of the complex or subdivision may be located within the subdivision, provided:

(1) No such sign shall exceed 24 square feet in identification display area;

(2) All such signs shall be set back a minimum of 15 feet from any right-of-way or adjoining property line;

(3) No such sign or any portion of its supporting structure shall exceed six feet in height from grade; and

(4) All such signs are to be illuminated through indirect lighting methods only.

(C) Identification signs for churches, schools, community centers, or other public or semi-public buildings, or institutional uses, provided:

(1) No such sign shall exceed 32 square feet in identification display area;

(2) All such signs shall set back a minimum of ten feet from any street right-of-way or adjoining property line; and

(3) No such sign or any portion of its supporting structure shall exceed six feet in height from grade.

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.177 ON-PREMISE SIGNS PERMITTED IN BUSINESS AND INDUSTRIAL ZONES.

(A) Wall signs. A wall sign may be painted on or attached to the exterior surface of a building, structure or wall. Each business in the C-1, C-2 and Industrial Districts shall be permitted wall signs that conform to the following:

(1) The total area of all wall signs shall not exceed the aggregate three square feet of area for each linear foot of lot frontage;

(2) A wall sign shall project not more than two feet horizontally from a building facade. A wall sign shall not project more than tree feet above the average height of the roof of the structure involved. However, no sign shall be erected on a roof in any district; and

(3) A wall sign may project downward from a fixed awning only so far as shall allow a minimum of nine feet of vertical clearance from grade to the bottom of the sign.

(B) Projecting signs. Projecting signs are permitted only in the C-1 District. One projecting sign is allowed per building per street frontage. Such signs shall project not more than four feet outward from the wall of the structure, shall not exceed 20 square feet in area and shall be perpendicular to the wall of the structure to which they are attached. All projecting signs shall be located not less than nine feet above the finished sidewalk or ground level. Such signs shall be of sturdy construction and shall be erected in such a manner as to protect persons who pass underneath from possible injury. Sign users who place projecting signs over the public right-of-way shall assume sole liability for such sign.

(C) Freestanding signs. Freestanding signs shall be supported upon the ground by poles, braces, or posts, and shall be permitted in C-1, C-2 and I (Industrial) Districts in accordance with the following requirements.

(1) There shall not be more than one freestanding, on-premise sign per business activity along each street frontage the use abuts. Where commercial uses are located on the same property with common features, such as shopping centers or commercial complexes, all such on-premise signs shall be supported by only one structure per lot with street frontage.

(2) Freestanding signs shall not be located upon or project over any right-of-way.

(3) Freestanding signs shall not obstruct or adversely affect vision clearance or traffic visibility.

(4) The maximum height from grade for freestanding signs shall be not more than 20 feet in the C-1 District and 30 feet in the C-2 and I (Industrial) Districts.

(5) The maximum area size for freestanding signs shall not be larger than 40 square feet in the C-1 District and 100 square feet in the C-2 and I (Industrial) Districts.

(6) Freestanding signs shall not measure less than nine feet from grade to the lowest point of the sign or its supporting structure if such sign is designed and/or located to allow pedestrian traffic to pass underneath; for vehicle passage under the sign the minimum clearance from grade is 15 feet.

(7) All freestanding signs shall be located a minimum of 25 feet from any adjoining property line or residential district.

(8) Freestanding signs that are of a temporary or portable nature may be permitted in addition to permanently-mounted, freestanding signs, subject to the following provisions:

(a) All portable and/or temporary signs shall comply with § 153.171 as it regards lighting;

(b) Such signs, when located in the C-1 District, shall not exceed 24 square feet in area; when located in C-2 and I (Industrial) Districts, portable and temporary signs shall not exceed 50 square feet in area;

(d) No portable or temporary sign shall be located in a manner that obstructs or adversely affects traffic visibility;

(e) Not more than one portable or temporary sign shall be permitted for each complete 100 feet of lot frontage on public streets (individually-owned lots that are less than 100 feet in width shall also be permitted one such sign);

(f) No portable or temporary sign shall be placed in the public right-of-way;

(g) A temporary, non-portable sign announcing the construction of a building and the architects, builders, contractors, and the like, involved may be erected upon the premises for a period of 30 consecutive days in addition to the construction period;

(h) Portable and/or temporary signs shall be permitted for a period not to exceed 21 days, a maximum of four times per year. Temporary signs consisting of banners, posters, pennants, ribbons, streamers, spinners, or other moving devices, as well as air-activated graphics or balloons used for commercial or other advertising purposes shall be permitted for a period of not more than 14 consecutive days, renewable not more than two times per annum by the same business; and

(i) It shall be the responsibility of the applicant or owner of the sign to maintain the portable or temporary sign in a sound and safe condition and to remove such signs when the allowable time limit has expired.

(D) Marquee, awning and canopy signs. Marquee, awning, and canopy signs shall be permitted in all commercial and industrial districts subject to the following provisions.

(1) The total area of such signs shall not exceed the aggregate two square feet of area for each linear foot of building frontage and, if combined with wall signs, the total area of all signage shall not exceed the aggregate three square feet of area for each linear foot of building frontage.

(2) Sign area limits shall be defined as the rectangular space occupied by the sign lettering or insignia and the space immediately surrounding such lettering or insignia.

(3) Signs shall not project more than three feet horizontally from a building facade over a public right-of-way, and not more than six feet horizontally from a building facade over private property.

(4) Such signs shall have a minimum clearance of nine feet above the sidewalk grade or the edge of roadway grade nearest the sign and shall not be located closer than two feet from the curb of any roadway.

(5) Overall height should not exceed three feet above the average height of the roof line or the parapet wall of the building to which it is attached, and should not exceed the allowable building height for that zoning district.

(6) Such signs shall be limited to single-story buildings or to the first level only of multi-story buildings.

(E) Window signs. Window signs are only permitted in the ground or first floor windows of all commercial and industrial districts. No window sign shall occupy more than 25% of the total window surface on a given side of the building.

(F) Enter/exit signs. Enter/exit signs may be permitted in addition to freestanding signs, subject to the following provisions.

(1) All enter/exit signs shall comply with § 153.171 as it regards lighting.

(2) No enter/exit signs shall be permitted in the right-of-way of any street or alley.

(3) The area of such signs shall not exceed two square feet.

(4) Not more than one enter and one exit sign shall be permitted for each lot. Corner lots may be permitted one additional enter and exit sign; provided there is an access to the public street on both street frontages.

(5) No lettering or sign message other than “enter” and “exit” shall be permitted.

(6) The maximum height for an enter/exit sign shall be three feet, and such sign shall not be located in a manner that obstructs or adversely affects traffic visibility.

(G) Interstate signs. Signs that are not attached to a building, that are less than 1,900 feet from the centerline of an interstate highway right-of-way, that are at least 25 feet in height and that are intended to be read from the interstate highway. An interstate sign is an accessory use that directs attention to an on-premise business, enterprise or activity located upon a property that adjoins an interstate highway. A business may be permitted an interstate sign as a conditional use, subject to the following provisions.

(1) Signs must conform to the requirements established under R.C. Chapter 5516.

(2) Signs shall not be closer than 25 feet to any right-of-way line.

(3) Signs shall not be closer than 15 feet to any adjoining property line.

(4) Signs shall not be larger than 400 square feet in area.

(5) Signs shall measure not more than 90 feet in height from the ground elevation on which it is located.

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.178 OFF-PREMISE SIGNS.

Off-premise signs direct attention to a commodity or service not offered upon the premises upon which the advertising sign is located. Such signs, commonly recognized as advertising signs and billboards, shall only be permitted in the C-2 and I (Industrial) Districts, subject to the following provisions.

(A) Off-premise signs shall conform to the front yard setback requirements normally associated with the principal building or use setbacks of the respective district.

(B) Off-premise signs may be placed back-to-back using common supports or be otherwise physically attached to one another; provided, however, that not more than two such signs are so attached upon a common support.

(C) Two or more freestanding off-premise signs may be placed on the same parcel; provided that no other principal use occupies the parcel and all off-premise signs are at least 300 feet apart, including off-premise signs on adjacent parcels and across street rights-of-way.

(D) No off-premise sign or structure shall be permitted which faces the front or side lot line of any residential district within 100 feet of such lot line, or which faces any public parkway, public square, park, educational institution, library, church, or similar institution within 300 feet thereof.

(E) Under no circumstances shall an off-premise sign be located within any right-of-way.

(F) Off-premise signs shall not exceed 400 square feet in area and shall conform to the height requirements of the zoning district within which it is placed.

(G) Off-premise signs placed along an interstate highway must conform to the requirements established under R.C. Chapter 5516, applicable federal law, and § 153.177(G).

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.179 PROHIBITED SIGNS.

In addition to any restrictions and/or prohibitions stated above, the following signs, sign configurations and characteristics shall not be allowed in any zoning district within the village.

(A) No abandoned or dilapidated signs, as deemed by the Zoning Administrator and referred to in § 153.171(J), shall be allowed to exist.

(B) No sign shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving devices for the purpose of advertising or attracting attention to any commercial enterprise, except as noted in § 153.177(C)(8)(h).

(D) Air-activated graphics or balloons used for commercial or advertising reasons shall not be permitted, except as noted in § 153.177(C)(8)(h).

(D) No sign shall imitate, resemble, or duplicate any official traffic or governmental sign or signal.

(E) Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying an advertising content shall not be permitted. This restriction does not apply to signs or lettering on buses, taxis, or vehicles operating during the normal course of business on a day-to-day basis.

(F) The use of roof signs is prohibited in all zoning districts within the village.

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.180 PERMIT APPLICATION PROCEDURES.

Any person intending to install, place or locate a permit-required sign within the village must first make application with the Zoning Administrator. An application for a sign permit shall be made in writing (on a form supplied by the village) and attested to as to truth and accuracy by the applicant. An application shall be accompanied by all required fees and shall contain, either on its face or by attachment, the following information:

(A) All size and area dimensions for each sign;

(B) A drawing, photograph or acceptable rendering of the proposed sign that includes all colors, lettering, words, symbols, font sizes/styles and messages the applicant wishes to convey;

(D) The intended use and proposed date of placement for such sign.

(Ord. 03-04, passed - -2002)

§ 153.181 VIOLATIONS.

(A) No person shall locate, erect, construct, reconstruct, enlarge, change, maintain, or use any sign in violation of any of the provisions of this Zoning Code, or any amendment or supplement thereto adopted by the village.

(B) Any sign installed or placed upon public property, except in conformance with the requirements of this Zoning Code, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the village shall have the right to recover from the owner or person placing such sign the full costs of removal and disposal of such sign.

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.182 DENIAL OF PERMIT.

Any decision to deny a request to place, construct or modify a permit and/or sign shall be in writing and supported by evidence contained in a written record.