Brazil City Zoning Code
SIGNS
§ 155.225 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 correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available.
ANIMATED SIGNS. Any sign which includes action or motion. For purposes of this subchapter, this term does not refer to flashing or changing, all of which are separately defined.
BANNER. A sign made of fabric, plastic, paper or other light pliable material, not enclosed in a rigid frame and characteristically suspended along or across a public street.
BUILDING FACE OF WALL. All window and wall area of a building in one plane or elevation.
CANOPY. Any structure attached to a building at the inner end and supported on the other end, or a free-standing structure, with one or more supports, meant to provide shelter from weather elements, onto which signs may be affixed or incorporated.
CHANGEABLE COPY SIGN (MANUAL). A sign on which copy is changed manually in the field, such as reader boards with changeable letters or changeable pictorial panels.
CHANGING SIGNS (AUTOMATIC). A sign such as an electronically or electrically-controlled public service time, temperature and date sign, message center or reader board, where different copy changes are shown on the same lamp bank.
CHURCH BULLETIN BOARD. A sign attached to the exterior of a church or located elsewhere on church premises and used to indicate the services and/or other activities of the church, and including the church name if desired.
COPY. The wording or graphics on a sign surface.
ERECT. To build, construct, reconstruct, attach, hang, re-hang, alter, place, affix, enlarge, move or relocate and includes the painting of existing sign structures.
FACADE. The front or main part of a building facing a street.
FACE OF SIGN. The entire area of a sign on which copy could be placed. The area of a sign which is visible from one direction as projected on a place.
FLASHING SIGN. Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Automatic, changing signs such as public service time, temperature and date signs or electronically controlled message centers are not classed as FLASHING SIGNS.
ILLEGAL SIGNS. A sign which contravenes this subchapter, or a nonconforming sign for which a permit required under a previous ordinance was not obtained.
LOGO. A letter, character or symbol used to represent a person, corporation or business enterprise.
PREMISES. An area of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
READER BOARD. Any sign that has changeable or removable lettering.
RIGHT-OF-WAY (ROW). The actual road right-of-way or the proposed right-of-way as indicated on the Comprehensive Plan and/or as set forth in the city subdivision ordinance.
ROOF LINE. The highest point of the coping on a flat roof, false mansard or parapet wall; the deckline of a true mansard roof; the ridge line between the upper and lower slopes of a gambrel roof; or the mean height level between the eaves and ridge for a gable or hip roof.
SEASONAL OR SPECIAL OCCASION TEMPORARY SIGNS. A sign which is not permanent and is limited to a specific activity or in the celebration of holidays or other special events.
SHOPPING CENTER. A building containing four or more shops, stores and other places of business and providing off-street parking facilities in common for all of the businesses and their customers.
SHOW WINDOW SIGN. Any temporary sign advertising sales or specials attached to or within three feet of the glass surface of any fixed window (glazing) visible from a public right-of-way.
SIGN.
(1) Any identification, description, illustration or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise or any emblem, painting banner, pennant or placard designed to advertise, identify or convey information, with the exception of window displays and national flags.
(2) For the purpose of removal, SIGNS shall also include all sign structures. Not included are decorative devices or emblems as may be displayed on a residential mailbox. For the purpose of this subchapter, this definition shall include signs painted directly upon a building or other structure. A visual device or structure used for advertising, display or publicity purposes.
SIGN AREA. The area of the sign face. The SIGN AREA of multi-faced signs is the sum of the sign areas of each face, including structural trim which can be seen from a single location on an adjacent street. If a sign is attached to a building or suspended in any manner whereby there is no apparent trim or confining border, the SIGN AREA shall be computed by drawing an imaginary straight line around a generally rectangular margin and measuring the area so encompassed upon a building or other structure.
SIGN, ATTACHED. A sign erected or placed upon the wall of any building with the plane of the face parallel to the plane of the wall below the roofline.
SIGN, COMMERCIAL DIRECTORY. A permanent pole sign designating the name of a commercial center and listing the various tenants of the center.
SIGN, CONSTRUCTION. A temporary sign used during construction of new buildings or reconstruction of or additions to existing buildings, such as those identifying the project and denoting the owner, architect, engineer, contractor and/or financing institutions of the project.
SIGN, DIRECTIONAL. A sign which indicates a direction for vehicular or pedestrian traffic or other movement.
SIGN, FLUTTERING. A sign which flutters and includes banners, flags, pennants or other flexible material which moves with the wind or by some artificial means.
SIGN, GROUND. Any detached sign which has its bottom portion erected upon or supported by the ground, a ground planter box or other supports.
SIGN, HANGING. Any sign hanging entirely beneath a canopy, portico or marquee.
SIGN, ILLUMINATED. Any sign which is illuminated by light sources mounted on or in the sign or at some other location.
SIGN, MEMORIAL OR TABLETS. The permanent part of a building which denotes the name of the building, date of erection, historical significance, dedication or other similar information.
SIGN, NONCONFORMING. A sign legally erected under the previously existing ordinances of the city, but which does not conform to the provisions of this subchapter.
SIGN, OCCUPATIONAL AND/OR IDENTIFICATION. An attached wall sign not larger than one square foot in area identifying the name of a person occupying a building.
SIGN, POLITICAL. A temporary sign advocating or opposing any political proposition or candidate for public office.
SIGN, POLE. Any detached sign which is supported by one or more stationary poles no taller than 35 feet above the mean grade line of the ground at its base provided that this shall not include a permitted ground sign as set forth.
SIGN, PROJECT IDENTIFICATION. A permanent ground sign identifying an apartment complex, condominium project or mobile home development entry, name and/or street names within the project.
SIGN, PROJECTING. Any sign which projects more than 12 inches beyond the plane of the wall on winch the sign is erected or attached.
SIGN, PROPERTY REAL ESTATE. A sign pertaining only to the prospective rental, lease or sale of the property upon which it is located. REAL ESTATE SIGNS shall be excluded from the definition of POLE SIGNS.
SIGN, RESIDENTIAL CONSTRUCTION PROJECT. Any temporary sign that provides direction to any residential development under construction, or promotes the residential development on the project site.
SIGN, ROOF. Any sign erected on a roof but excluding marquee and canopy signs and wall signs. The generally vertical plane of a mansard-type roof shall be interpreted as the same as a wall of a building.
SIGN STRUCTURE. The sign and all parts associated with its construction.
SIGN, SUBDIVISION IDENTIFICATION. A permanent ground sign identifying a subdivision entry, subdivision name and/or street names within the subdivision.
SIGN SUPPORTS. All structures by which a sign is held up, including, for example, poles, braces, guys and anchors.
SIGN, TEMPORARY. Any sign intended for a limited or intermittent period of display.
SIGN, WINDOW TEMPORARY. A temporary sign affixed to the inside of an exterior window or glass door.
SPECIAL DISPLAYS. Signs not exceeding 32 square feet, used for holidays, public demonstration or promotion of civil welfare or charitable purposes.
STANDARD OUTDOOR ADVERTISING STRUCTURE AND/OR BILLBOARD. Any sign intended to attract general public interest concerning a commercial enterprise, product, service, industry or other activity not conducted, sold or offered on the premises upon which the sign is erected. This includes billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings and/or supported by uprights or braces on the ground. Real estate signs and political signs are excluded from this definition.
TEMPORARY SIGN. A sign which is not permanent and is allowed for a specific time period.
TRAFFIC DIRECTIONAL SIGN. Any sign which aids the flow of traffic.
(Ord. 40-2006, passed 12-12-2006; Ord. 11-2008, passed 10-14-2008)
§ 155.226 INTENT.
(A) It is the intent of this subchapter to regulate and control the location, erection, number and maintenance of signs and matters relating thereto within the city and the jurisdiction area of the Advisory Plan Commission in order to promote public safety, health and general welfare of the community.
(B) These regulations are specifically designed to:
(1) Provide for uniform regulations and orderly development of signs consistent with established policies and ordinances of the city;
(2) Prohibit hazardous and dangerous signs; and
(3) Provide a desirable and attractive living environment through harmonious and uniform signage.
(Ord. 40-2006, passed 12-12-2006; Ord. 11-2008, passed 10-14-2008)
§ 155.227 SCOPE.
(A) The provisions of this subchapter shall govern the erection, alteration and maintenance of all signs and outdoor display structures, together with their appurtenant and auxiliary devises, with respect to location, size, content, construction, structure and fire safety.
(B) The provisions of this subchapter shall not apply to:
(1) Flags of any nation, state, county, city or other governmental unit and any not-for-profit organization;
(2) Temporary decorations or displays celebrating the occasion of traditionally a patriotic, religious or local holidays or events;
(3) The action, construction and maintenance of official traffic fire and police signs, signals and devices and markings of the state, county or city;
(4) Nonilluminated directional or informational signs of a public nature;
(5) Political signs or signs announcing political candidates or issues; provided, that such signs must be removed within ten days after the election;
(6) Residential garage, patio or yard sale signs not to exceed six square feet and located upon the premises where the sale is taking place;
(7) Property real estate signs not exceeding six square feet in area on each street frontage or a lot, which advertise the sale, rental or lease of the premises upon which the signs are located only. The real estate signs shall not exceed six feet in height and shall not be illuminated in any way;
(8) Bulletin boards not over 32 square feet in area, for public charitable, or religious institutions which are located on the premises of said institutions. The bulletin board shall not exceed 12 feet in height, and illumination, if any, shall be by constant light;
(9) Memorial signs or tablets, names or buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible material; and
(10) Professional name plates or occupational signs and home occupation signs not exceeding two square foot in area, wall-mounted and unlit, adjacent to the main entrance of the building.
(Ord. 40-2006, passed 12-12-2006; Ord. 11-2008, passed 10-14-2008)
§ 155.228 ADMINISTRATION AND ENFORCEMENT.
(A) Administration. Except where otherwise stated in this subchapter, the provisions of this section shall be administered by the Advisory Plan Commission and the Planning and Zoning Department, or by their designee. The Department (or its authorized representative) is hereby empowered in performance of departmental functions to enter upon any land in the city for the purpose of making inspections, examinations and surveys, or to place and maintain thereon markers, notices or signs required to effect provisions of this chapter. The above authorization person shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this subchapter.
(B) Duties of the Planning and Zoning Department. The Department shall have the power to grant sign permits and to make inspections of buildings or premises necessary to carry out the Department’s duties in the enforcement of this subchapter.
(1) It shall be improper for the Department to approve plans or issue any permits or certificates for any sign until plans have been inspected in detail and found to be in conformance with this subchapter, nor shall the Department vary or change any terms of this subchapter.
(2) If the Department shall find that any of the provisions of this subchapter are being violated, the Department shall notify in writing the person responsible for such violations, indicating the nature of the violation. The Department shall order discontinuance of illegal use of land, buildings or structures; removal of illegal signage; discontinuance of any illegal work being done; or shall take any other action authorized by this subchapter to ensure compliance with or to prevent violation of its provisions.
(C) Permit required.
(1) It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension or moving of any sign or sign structure or any portion thereof without first having applied in writing to the Department for a sign permit to do so and a sign permit has been granted therefor.
(2) Primary responsibility for securing the necessary permits shall be the property owner’s. However, if the property owner should contract part or all of the proposed work, it shall become the responsibility of the person or firm hired to ensure that all required permits and approvals have been secured prior to any work being initiated. The fee for said sign permit shall be $1 per square foot, except as noted in § 155.236.
(a) Blank forms shall be provided by the Department for the use of those applying for permits as provided in this subchapter. Any permits issued by the Department shall be on standard form of such purpose. There shall be a separate permit for each sign to be constructed, altered or erected.
(b) Any sign permit under which no construction work has been commenced within six months after the date of issuance of the permit or under which proposed construction has not been completed within one year of the time of issuance shall expire by limitation.
(D) Voiding of sign permit.
(1) A permit may be revoked by the Department at any time prior to the completion of the sign for which was issued, when it shall appear to him or her that there is any departure from the plans, specifications or conditions, as required under terms of the permit, that the same was procured by false representation or that any provisions of this subchapter are being violated.
(2) Written notice of the revocation shall be served upon the owner, his or her agent or contractor, or upon any person employed of the building or structure for which such permit was issued, via a stop-work order, which shall be posted in a prominent location, and thereafter no construction shall proceed.
(E) Compliance with sign permits. Sign permits issued on the basis of approved plans and applications authorized only the use, arrangement and construction set forth in the approved plans and applications and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this section as provided in this subchapter.
(F) Violations. If it is found that a sign is in violation of this subchapter, the Department, or its designee, shall give notice to the owner of the sign, or if the owner cannot be located, to the owner or property management agent of the premises on which the sign is located or, if the sign erection is not complete, to the contractor where the sign is located or, either personally, by United States mail, or by posting such notice on the premises, such notice stating:
(1) The violation found;
(2) That the violation must be brought into compliance within the requirements of this and all other city ordinances within ten days from the date of the notice;
(3) The requirements which must be met; and
(4) That any person found to be in violation of any provision of this subchapter shall be subject to the penalties established in § 155.999.
(Ord. 40-2006, passed 12-12-2006; Ord. 11-2008, passed 10-14-2008) Penalty, see § 155.999
§ 155.229 PROHIBITED SIGNS.
The following signs and advertising devices are hereby declaimed to be unlawful:
(A) Animated signs;
(B) Any sign-erected in a location prohibited by this chapter;
(D) Any sign erected so as to prevent free ingress to or egress from any door or window, or any other exit way required by the building or fire codes of the city;
(E) Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk or other surface located on public property;
(F) Any sign erected in any location where, by reason of its location, will obstruct the view of any authorized traffic sign, signal or other traffic-control devices. Nor may any sign, by reason, of its shape, position or color interfere with or be confused with any authorized traffic signal sign or device. Further, no sign shall be erected in a location where it will obstruct vision of the public right-of-way to a vehicle operator during ingress to, egress from, or while traveling on the public right-of-way;
(G) Any sign or advertising device such as banners not affixed to a non-horizontal staff or flagpole and serving as the permanent sign or advertisement for an individual, group or business entity. Such sign or device shall be considered permanent if it is displayed for more than 90 days in any 12-month period.
(H) Vehicle signs, except for standard advertising or identification markings which are painted on or permanently attached to the side of a business or commercial vehicle. Business or commercial vehicles shall not be parked in any required parking space, nor in any excess parking space adjacent to a street right-of-way;
(I) Flashing signs;
(J) Changeable copy signs, not permanently affixed to the ground, for a period exceeding 30 days in any 12-month period;
(K) Signs which contain characters or cartoons, or contain statements, words or pictures of any obscene, indecent, prurient or immoral character; and
(L) Residential yard, patio and garage sale signs and similar signs not located on the premises where the sale is taking place left posted more than 24 hours after the end of the sale.
(Ord. 40-2006, passed 12-12-2006; Ord. 11-2008, passed 10-14-2008) Penalty, see § 155.999
§ 155.230 NONCONFORMING SIGNS.
(A) Any sign legally existing prior to enactment of this subchapter but which shall violate any provision of this subchapter, may continue to be maintained and used after passage of this subchapter subject to the following provisions.
(1) Enlargement. No nonconforming sign shall be enlarged, expanded or extended to occupy a greater square footage of height than was occupied on the date of adoption or amendment of this subchapter.
(2) Relocation. No nonconforming sign shall be moved in whole or in part to any other portion of the lot, parcel or building not so occupied on the date of adoption of this subchapter, except that any sign which is hereafter required to be moved by a governmental body for the purpose of construction, relocation, widening or improvement of a street, highway or other public purpose, may be relocated once and allowed to be maintained and used as before.
(3) Discontinuance. If the business or service advertised or identified by a nonconforming sign ceases to be conducted for a period exceeding 30 calendar days, the nonconforming sign shall be classified as an abandoned sign and removed.
(4) Destruction. Should any nonconforming sign be destroyed by any means to an extent of up to 50% of its surface area or structure, it shall not be reconstructed, except in conformance with the requirements of this subchapter.
(5) Violations not made valid. Any sign which is prohibited by this subchapter and was erected in violation of the requirements of the previous sign ordinance shall not be considered to be granted nonconforming status by the passage of this subchapter.
(B) In any instance, in cases of doubt or a specific question raised, whether a nonconforming sign exists, shall be a question of fact and shall be determined on appeal to the Board of Zoning Appeals.
(Ord. 40-2006, passed 12-12-2006; Ord. 11-2008, passed 10-14-2008) Penalty, see § 155.999
§ 155.231 APPEALS.
(A) Any aggrieved person, firm, corporation or any governmental officer, department, board or bureau may appeal a decision of the Department before the Board of Zoning Appeals as established and in conformance with the requirements of § 155.031, subject to the further requirements of this section.
(B) The Board of Zoning Appeals may grant variances from this subchapter for any permitted form of signage where it is found that because of the limitations on character, size or dimensions of a sign, or the regulations controlling the erection or installation of a sign, the applicant would be subject to undue hardship. Undue hardship is not considered the loss of possible advantage, economic loss or gain or mere inconvenience to the applicant.
(C) Appeals from decisions of the Board of Zoning Appeals shall be to the Circuit or Superior Court of the county.
(Ord. 40-2006, passed 12-12-2006; Ord. 11-2008, passed 10-14-2008)
§ 155.232 GENERAL SIGN REQUIREMENTS.
(A) Structural requirements. All signs shall comply with the pertinent requirements of the Building Code.
(B) Safety. Any existing sign which is or becomes an immediate danger or hazard to persons or property because of being in an unsafe condition, or which obstructs any fire escape, window or door, is subject to immediate removal without notice and at the expense of the property and/or sign owner.
(C) Maintenance. Each sign shall be maintained in a safe, presentable and good condition. Broken panels, missing letters, flaking or peeling paint, rusted metal, unfinished wood and other visual damage to a sign shall be repaired within 45 days of occurrence or within 30 days’ notification by the Department, Planning and Zoning Administrator and/or the Board of Public Works and Safety, weather permitting.
(D) Abandoned signs. Any sign or sign structure which advertises a business no longer conducted or service no longer rendered, or a product no longer sold shall be classified an abandoned sign and shall be removed by the owner, agent or person having beneficial use of the premises or lot upon which the sign is located within ten days following written notice by the Department, Planning and Zoning Administrator and/or the Board of Public Works and Safety concerning its removal.
(E) Illumination. Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.
(F) State right-of-way requirements. All signs erected within the jurisdiction of state right-of-way requirements shall meet both state and city requirements. Signs shall not project over any city or county public right-of-way.
(G) Lot lines. Signs shall not project over lot lines.
(Ord. 40-2006, passed 12-12-2006; Ord. 11-2008, passed 10-14-2008) Penalty, see § 155.999
§ 155.233 RESIDENTIAL AND AGRICULTURAL SIGNAGE.
(A) Allowable signs.
(1) Identification signs. One identification sign may be erected on each perimeter street frontage of a multi-family development, manufactured/mobile home park, single-family subdivision or permitted nonresidential uses, including special exceptions. The sign shall not be permitted to exceed 32 square feet of display surface area. The sign shall not exceed 12 feet in height, and illumination, if any, shall be by a constant light. Additional or multiple signs may be permitted by the Advisory Plan Commission for one or more entrances. See §§ 155.045 through 155.098.
(2) Church, public or semi-public buildings or public park identification sign. Not more than one sign per street frontage not exceeding 50 square feet in size per face. The sign shall not exceed 12 feet in height, and illumination, if any, shall be by constant light.
(3) Construction sign. During the period of construction, a temporary sign advertising the construction of improvements on the premises may be erected on each perimeter street of frontage of the development. The sign shall not exceed 32 square feet in surface area, nor 12 feet in height, and illumination, if any, shall be by constant light.
(4) Directional signs. Two signs per entry/exit not exceeding six square feet in size per face.
(5) Memorial or tablet sign. One sign not exceeding six square feet in size per face unless signs are installed by the federal, state, county or city government or agencies thereof.
(6) Property real estate signs. One sign per lot frontage not exceeding six square feet in size per face.
(8) Informational signs. Informational signs not exceeding two square feet in size per side nor a height of four feet from the ground which identify the occupants, occupation, address and/or information. Examples of permitted informational signs generally include: Privacy sign; trespassing sign; seed sign; and the like.
(9) Nonlluminated home occupation sign. Nonilluminated home occupation wall sign not exceeding two square feet wall-mounted on the dwelling and, if allowed with the special exception, one nonilluminated yard sign not exceeding six square feet in size per face. (See § 155.030.)
(B) Location and height.
(1) No sign placed upon the ground shall be located closer than ten feet to any property line and shall meet the vision clearance on corner lots requirements of § 155.141.
(2) No sign attached to the wall of a building or other structure shall extend above the roof line of that building or structure.
(3) For residential signs without a specific height standard, the sign(s) shall not exceed eight feet in height from the surrounding grade to the highest point of the sign.
(4) Direction signs: No sign shall exceed three and one-half feet above the elevation of the adjacent driveway at the point where it meets the street right-of-way.
(5) Memorial or tablet signs: No sign shall exceed six feet in height from the surrounding grade to the highest point on the sign.
(6) Property real estate signs: No sign shall exceed six feet in height from the surrounding grade to the highest point on the sign.
(C) Other requirements.
(1) Mobile construction signs.
(a) Signs identifying mechanics, painters, architects, engineers and similar artisans and workpeople which are attached to or on trailers on the site of construction shall be permitted; provided, that upon completion of the project, the trailer must be removed within one week.
(b) These trailers shall not be located closer than ten feet to the property line if signs are visible from the street.
(2) Residential construction project sign.
(a) On-site signs shall be removed either at such time as the permanent subdivision entrance sign is erected, or when 80% of the lots and/or dwelling units have been sold, whichever circumstance occurs first.
(b) Off-site signs shall be removed either within two years from the date of issuance of the sign permit, or when 80% of the lots and/or dwelling units have been sold, whichever circumstance occurs first.
(c) Property real estate signs shall be removed within ten days following the date of closing or lease initiation.
(D) Directional sign. May contain the street address and/or name of the business center or the name of the use of the building, trademark, logo or similar matter; provided, that not more than 50% of the sign area is used for this purpose.
(Ord. 40-2006, passed 12-12-2006; Ord. 11-2008, passed 10-14-2008) Penalty, see § 155.999
§ 155.234 BUSINESS AND INDUSTRIAL SIGNAGE.
(A) Allowable signs.
(1) Pole signs. One pole sign per lot and shall not have an aggregate (total from each side combined) surface area greater than three square feet for each foot of width of the principal structure on the premises. Total pole signage shall not exceed 300 square feet.
(2) Ground-mounted signs. One ground mounted sign per lot may be substituted for the allowable pole sign. Same surface area requirements as for pole signs.
(3) Attached signs. One attached sign for each side of the building not exceeding 10% of the total square footage of the building face upon which it is placed.
(4) Window/door signs. Shall not cover more than 50% of the total window area or door to which they are applied.
(5) Under canopy sign. One sign not exceeding two square feet in size displaying the name, occupation, address and/or service located upon the premises.
(6) Directories. For buildings with multiple occupancies, a directory sign may be substituted in lieu of the allowable pole sign subject to review and approval by the Board of Zoning Appeals as to height and overall square footage.
(7) Portable signs. “A” frame signs or other portable signs of like nature shall not exceed 25% of the width of the sidewalk, including the curb. Use shall be limited to the sidewalk area directly in front of said business during operating business hours.
(B) Location and height.
(1) Pole signs. Signs shall not exceed 20 feet in height from the surrounding grade to the highest point on the sign and the overhang shall not be located any closer than one foot to any property line. Signs shall meet the vision clearance on corner lots requirements of § 155.141 of this subchapter.
(2) Ground-mounted sign. Signs shall not exceed six feet in height from the surrounding grade to the highest point on the sign and shall be located no closer than one foot to any property line. Signs shall meet the vision clearance on corner lots requirements of § 155.141 of this subchapter.
(3) Attached signs. Signs shall not project above the parapet wall, mansard or other roof line.
(4) Window/door signs. Signs may be attached to either the interior or exterior of a window or glass door and shall be maintained in good repair.
(5) Under canopy signs. Signs may be attached to the building or canopy and shall maintain a head clearance of eight feet.
(6) Directories. As approved by the Board of Zoning Appeals.
(C) Other requirements.
(1) Canopy use. An attached or detached canopy sign may be used as an attached and/or pole sign. However, the canopy’s size does not add to the width or face of the building when calculating for allowable signage.
(2) Portable signs. The use of portable signs for the advertisement of cigarettes, food or other sundry items is specifically prohibited.
(3) Changeable copy signs. A manual changeable copy sign may be incorporated as an integral part of the permanent pole, ground or attached signage permitted upon the property.
(Ord. 40-2006, passed 12-12-2006; Ord. 11-2008, passed 10-14-2008) Penalty, see § 155.999
§ 155.235 SPECIAL DISPLAYS AND OTHER TEMPORARY SIGNS.
(A) Banners and pennants are a permitted use, however, the Planning and Zoning Administrator and/or the Board of Public Works and Safety can require removal of banners and pennants if they are not kept in a safe and orderly fashion.
(B) The following temporary signs are allowed for up to a 30-day time period and may be extended beyond the 30-day time period, but only upon review and approval by the Board of Zoning Appeals as a special exception:
(1) Signs announcing openings;
(2) Seasonal or special occasion signs such as special events and special business hours;
(3) Yard signs, such as “siding by...;”
(4) Subdivision directional signs not exceeding three square feet in size per face;
(5) All other temporary signs not specifically referenced in this subchapter; and
(Ord. 40-2006, passed 12-12-2006; Ord. 11-2008, passed 10-14-2008) Penalty, see § 155.999
§ 155.236 STANDARD OUTDOOR ADVERTISING STRUCTURE (BILLBOARDS).
(A) Where permitted. Advertising signs complying with all the requirements of this subchapter shall only be allowed outside the corporate limits of the city. Additionally, they are required to be in a Suburban Residential (S), Local Business (LB), General Business (GB) or Open Industrial (I-1), or Reserved Industrial (I-R) Zoning District.
(B) Area and height.
(1) The maximum area for any I sign shall not exceed 672 square feet in size per face excluding extensions and embellishments, with a maximum height of 14 feet and a maximum width of 48 feet inclusive of border and trim, but excluding the base, apron, supports and other structural members.
(2) Extensions to the top of advertising signs are permitted. However, in no case shall any extensions exceed 96 square feet in total feet in total area or extend more than five and one-half feet in height above top of the sign. Other extensions are permitted as follows:
(a) Side extension: Two feet on each side;
(b) Bottom extension: One foot; and
(c) Embellishments to advertising signs shall not exceed one foot out from the facing of the sign.
(3) The maximum height shall not exceed 30 feet from the highest point on the sign to surrounding grade or street level, whichever is higher.
(4) (a) The maximum size limitations shall apply to each side of a sign structure, and signs may be placed back-to-back or in V-Type construction with not more than three side-by-side displays to each facing but such sign structures shall be considered as one sign.
(b) A group of not more than two advertising signs shall be permitted on one sign structure. However, there shall be no vertical stacking signs.
(C) Location.
(1) No sign shall be erected within 1,000 lineal feet of an existing sign on the same side of the road.
(2) No sign shall be located within 500 lineal feet of a R-1, R-2 or R-3 Residential Zoning District along the street on which the sign is intended to be located.
(3) No sign shall be located in such a manner as to obstruct or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device or obstruct or physically interfere with a motor vehicle operator’s view of approaching, merging or intersecting traffic.
(4) (a) No sign shall be placed closer than 500 feet to an intersection with a limited access highway and measured from the nearest edge of the right-of-way.
(b) No sign shall be so located to obstruct the vision of traffic using entrance ways, driveways or any public road intersection.
(5) The minimum front yard setback for signs shall be a minimum of 50 feet from any public right-of-way and/or private roadway easement.
(6) No sign shall be located on any public or private utility easement, road, drainage easement or railroad right-of-way.
(7) All lineal distances required by this section shall be measured from the nearest outside edge of the subject sign, whether a support, structural member or the sign surface itself to the nearest outside edge of the corresponding sign, building, right-of-way or easement involved.
(D) Prohibited outdoor advertising structure signage. The following are prohibited outdoor advertising structure signage:
(1) Roof-mounted signs;
(2) Flashing signs, including automatic changing signs such as time, temperature and date signs, as well as electronically controlled message centers;
(3) Fluttering signs, pinwheels, pennants, streamers and banners;
(4) Moving signs or swinging signs;
(5) Signs which contain characters, cartoons or statements, words or pictures of any obscene, indecent, prurient or immoral character;
(6) Signs which contain or are an imitation of an official traffic sign or signal, or which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or constructed as a traffic-control device, or which may hide from view any traffic or street sign or signal; and
(7) (a) Any sign constructed or located in such a manner that it becomes an immediate hazard or danger to persons or property because of being in an unsafe condition, or which obstructs any window, door or fire escape of a building.
(b) Signs will be subject to immediate removal by the Building Inspector or his or her designee, without notice, at the expense of the property owners.
(E) Maintenance. All signs and sign supports shall be maintained in good repair so as to prevent rust, peeling, flaking or fading. Broken panels, missing letters, flaking or peeling paint and other visual damage to a sign shall be repaired within 45 days of occurrence or within 30 days of notice from the Planning and Zoning Department or the Board of Public Works and Safety.
(F) Illumination. Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares, nor shall the light sources be oriented such that either direct or reflected light creates a nuisance to adjoining properties.
(G) Plans required. An application to erect such a sign shall be accompanied by the following:
(1) A set of plans, to scale, approved and sealed by a licensed engineer in the state, providing all necessary construction and electrical details of the sign and sign structure, including height;
(2) A site plan, to scale containing:
(a) The proposed location of the sign upon the property;
(b) The distance from the proposed sign location to any buildings upon the property, and adjoining street right-of-way lines and driveway entrances;
(c) The distance from the proposed sign location to the next nearest billboard sign on either side of the street in either direction; and
(d) The distance from the proposed sign location to the nearest street intersection in either direction.
(3) A representation of the proposed sign, to scale, including the width and length of the sign faces and height from surrounding grade.
(H) Construction specifications. Henceforth, any sign erected under this subchapter shall be a single pedestal type, constructed of nonflammable material, excluding wood. Construction of the sign and material specifications shall comply with the following sections of the State Department of Highways Standard Specifications: 802, 803, 909.14, 909.19 and 912.10, as applicable, and must meet the structural requirements of the Building Code.
(I) Fee. The fee for a permit for a sign regulated by this section shall be $1,000.
(Ord. 40-2006, passed 12-12-2006; Ord. 11-2008, passed 10-14-2008) Penalty, see § 155.999
§ 155.999 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(Prior Code, § 156.999) (Ord. 12-1964, passed 8-11-1964; Ord. 11-2008, passed 10-14-2008)