Sign regulations, including provisions to control the type, design, size, location and maintenance thereof, are established in order to achieve, among others, the following purposes:

   (a)   To promote and maintain attractive and high value residential districts, public facilities and educational districts, by permitting only nameplates, bulletin boards and signs related to the development, rental or sale of properties;

   (b)   To provide for reasonable and appropriate conditions for advertising goods sold or services rendered in business districts by relating the size, type and design of signs to the type and size of establishments;

   (c)   To provide for appropriate signs for the identification and encouragement for further growth of research, service and industrial developments;

   (d)   To promote the most desirable developments and economic activity in the City;

   (e)   To promote traffic safety by minimizing distractions to drivers caused by the location, design, number, illumination and size of signs;

   (f)   To enhance the aesthetic values of the City and promote good urban planning and design; and

   (g)   To protect and enhance the City's attractiveness to tourists and visitors.

(Ord. 8497-1998. Passed 12-1-98.)

   (a)   Signs shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design and site.

   (b)   The construction, erection, safety and maintenance of all signs shall be in accordance with the Building Code. The provisions of this chapter shall not amend or in any way interfere with other codes, rules or regulations governing traffic signs within the City.

   (c)   The display of official public notices and the flag, emblem or insignia of an official governmental body shall not be governed by the provisions of this chapter.

(Ord. 2856-1968. Passed 5-14-68.)

   (a)   "Sign" means any display, figure, painting, drawing, placard, poster or other device visible from a public way which is designed, intended or used to convey a message, advertise, inform or direct attention to a business institution, organization, activity, place, object or product. It may be a structure or part thereof printed on or attached directly or indirectly to a structure. This definition does not include "billboards," as defined herein.

(Ord. 8496-1998. Passed 1-5-99.)

   (b)   "Shopping center" means a group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking provided on the property, in which two or more of the commercial establishments dispense the same type of merchandise or products.

   (c)   "Office building" means a building designed and used primarily for municipal, professional, administrative or executive business activities.

   (d)   Classification by Use Types.

      (1)   "Nameplate" means a sign indicating the name, address or the profession of the person or persons occupying the lot or a part of a building.

      (2)   "Bulletin board" means an announcement sign which directs attention to and located on the lot of a public or semipublic institution.

      (3)   "Real estate and development sign" means a sign which directs attention to the promotion, development, construction, rental, sale or lease of the property on which it is located.

      (4)   "Project sign" means a sign indicating the name, owner or manager of an existing project or building.

      (5)   "Business sign" means a sign which directs attention to the name of the business or establishment, the goods or commodities sold or services rendered on the lot on which the sign is located.

      (6)   "Industrial or service sign" means a sign which directs attention to the name, service or industrial establishment, goods produced or sold or service rendered on the lot on which the sign is located.

      (7)   "Directional sign" means a sign indicating the direction to which attention is called either on the lot on which the sign is located or which directs attention to another location.

      (8)   "Informational sign" means a sign which is designed to give general information to the public concerning the location of places for lodging or eating, vehicle service, natural phenomenon, weather, time, historic sites, areas of natural scenic beauty or outdoor recreation facilities and similar information.

      (9)   "Political sign" means a sign advocating action on a public issue or indicating a candidate or candidates for public office.

      (10)   "Temporary sign" means a sign of any type to announce special events or sales, to announce the sale, lease or rental of property and designed for use for a limited period of time.

(Ord. 2856-1968. Passed 5-14-68.)

      (11)   "Billboard" means a sign bearing a commercial or noncommercial message directing attention to a specific business, product, service, entertainment or any other activity sold, offered or conducted elsewhere than upon, or otherwise unrelated to, the same lot on which the sign is located. For purposes of this section, a noncommercial message means any otherwise lawful message that does not direct attention to a business operated for profit, or to a commodity or service for sale.

(Ord. 8496-1998. Passed 1-5-99.)

      (12)   "Accessory sign" means a sign customarily incidental to and located on the same lot with the main use or building on such lot.

      (13)   "Primary sign" means the first and principal sign permitted for any establishment.

      (14)   "Secondary sign" means the second and subsidiary sign permitted for any establishment.

      (15)   "Auxiliary entry sign" means a small wall sign intended to mark the entrance to an establishment.

      (16)   "Mural or pictorial sign" means a sign that contains no text, merely pictures or other graphic representations.

      (17)   "Directory sign" means a sign that identifies individual enterprises that occupy the building or which are served by the entrance where the sign is located.

(Ord. 8497-1998. Passed 12-1-98.)

   (e)   Classification by Structural Types.

      (1)   "Wall or panel sign" means a sign integral with the exterior face of an exterior wall of a building, or attached to the wall, or parallel with the wall and projecting not more than eighteen inches therefrom.

      (2)   "Window sign" means a sign painted, attached or affixed to the interior or exterior surface of windows or doors of a building.

      (3)   "Projecting sign" means a sign, other than a wall sign, erected on the outside wall of a building and which projects out at an angle therefrom.

      (4)   "Canopy sign" means a sign attached to the soffit or fascia of a canopy, a covered entrance or walkway or to a permanent awning or marquee.

(Ord. 2856-1968. Passed 5-14-68.)

      (5)   "Free-standing sign" or "ground sign" means a sign that is not connected or attached to any other structure and is anchored or permanently fastened in its location. This type of sign shall be erected perpendicular to any street or roadway. Such sign may be supported by a single pole or other type of base structure.

(Ord. 8497-1998. Passed 12-1-98.)

      (6)   "Roof sign" means a sign erected upon and completely over the roof of any building.

(Ord. 2856-1968. Passed 5-14-68.)

      (7)   "Portable sign" means a sign not anchored or permanently fastened in its location or is a type intended to be readily transported from one location to another.

(Ord. 4530-1974. Passed 2-28-77.)

   Signs are regulated in this chapter by relating the gross area of signs to the building or use of a lot, or to the size of the building unit to which the sign is accessory.

   (a)   The gross area of signs for a building or use shall include all the surfaces visible from a public way and shall be measured as follows:

      (1)   The area of the surface or surfaces of an opaque or translucent panel used or intended for displaying an advertising message, plus

      (2)   The area within an outline enclosing the lettering, modeling or insignia of signs integral with a wall or other surfaces not designed as a panel, plus

      (3)   The area of permanent window and door signs.

   (b)   Whenever the gross area of the signs is related to the size of the building or lot:

      (1)   The frontage of a building shall be the width of the facade of the building, store, service or office unit which faces the principal street, or the facade containing the main entrance of a store, office, service or manufacturing building. For corner buildings forty percent of the building depth facing the side street may be included in the frontage width factor.

      (2)   The frontage of a lot not occupied by a building shall be the number of lineal feet the lot abuts on the principal street.

(Ord. 2856-1968. Passed 5-14-68.)

   (c)   Buildings or lots having frontage on a second street or secondary entrance to a parking area may not be permitted free-standing or temporary movable signs.

(Ord. 4530-1974. Passed 2-28-77.)

   Signs, as permitted in the various districts, shall be located in accordance with the general standards set forth in this section and the supplementary sign regulations of the particular district as set forth in the subsequent sections of this chapter.

   (a)   Wall or panel signs shall not project more than eighteen inches in front of the building wall to which such sign is attached and shall not project beyond any of the corners of the building.

   (b)   Projecting signs may be attached to the building wall and project at an angle therefrom, and shall not project a distance greater than eighteen inches inside of the property line. The lowest member shall be at least eight feet above the finished grade.

   (c)   (EDITOR'S NOTE: Former subsection (c) was repealed by Ordinance 6095-1982, passed April 20, 1982.)

   (d)   Permanent free-standing signs shall not be located within twenty-five feet of any front lot line. Any free-standing sign shall not extend higher than eight feet above the finished grade.

   (e)   For all signs which project, the lowest member shall be not less than eight feet above finished grade of a sidewalk or any other pedestrian way; and if located over a pavement used for vehicular traffic or within eighteen inches of the vertical projection of the edge of such pavement, the lowest member of the sign shall be not less than fourteen feet above the finished pavement.

   (f)   Signs shall not be attached to or obstruct a fire escape or interfere with other safety provisions as may be further regulated in the Building Code.

   (g)   Unless regulated otherwise in the Traffic Code, signs shall not be erected so as to obstruct sight lines along any public way, traffic control lights, street name signs at intersections or street sight lines or signals at railroad grade crossings. Signs visible from the sight lines along a street shall not contain an arrow or words such as "stop", "go", "slow", etc., or otherwise resemble highway traffic signs. Flashing, moving or intermittent illumination shall not be permitted.

(Ord. 2856-1968. Passed 5-14-68; Ord. 6095-1982. Passed 4-20-82.)

   Light sources to illuminate signs, where lighting is permitted by subsequent regulations, shall be shielded from all adjacent residential buildings and streets and shall not be of such brightness as to cause glare hazardous to pedestrians or drivers or so as to cause reasonable objection from adjacent residential districts.

   In U-1 and U-2 Districts, only nameplates and bulletin boards may be illuminated. All signs in all other districts may be illuminated. Parking lots shall be illuminated in accordance with the provisions of this section.

(Ord. 2856-1968. Passed 5-14-68.)

   Accessory signs for public and educational facilities shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations:

   (a)   One bulletin board of announcement sign not exceeding fifty square feet in area and not exceeding six feet in height may be permitted in the premises of each public facility and education facility, provided such sign is set back at least twenty-five feet from any adjoining residential district boundary and front property line.

   (b)   A nameplate may be placed on each building.

   (c)   Directional and informational signs may also be permitted.

(Ord. 2856-1968. Passed 5-14-68.)

   Accessory signs in U-1 and U-2 Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations:

   (a)   The types of signs permitted as to use, structure, size and number for each dwelling or lot shall be regulated as follows:

      (1)   One nameplate indicating the occupant's name and house number, not exceeding one square foot in area, may be located on any building or lot but not less than ten feet from any lot line. In a U-2 District, one permanent project sign, indicating the name, owner or manager of the multi-family project, not exceeding twelve square feet in area or five feet in overall height.

      (2)   One directional or "Open" type real estate or "No Trespassing" sign not exceeding one square foot in area on each side shall be permitted on any building or lot.

      (3)   A.   One real estate sign, not illuminated, pertaining either to the prospective rental or sale of such property, not exceeding six square feet in area on both sides or four feet in height, including any supporting poles, shall be permitted for each dwelling or lot, provided such sign shall be located not less than twenty feet from any building line.

         B.   Any real estate sign shall be removed within two weeks following the rental or sale of such property.

      (4)   Subdivision development signs not exceeding forty square feet in total area may be permitted while a subdivision or development area is under construction, but not less than twenty-five feet from a front property line. Permits for such signs shall be for a period not exceeding one year, but may be renewed while construction is pursued diligently.

      (5)   One bulletin board or announcement sign not exceeding twenty-four square feet in area or six feet in height may be located on the premises of a public, charitable or religious institution but not less than twenty-five feet from any residential district boundary or less than twenty-five feet from a front lot line. Indirect illumination shall be permitted. A nameplate sign may be placed on each building.

(Ord. 4932-1976. Passed 5-24-76.)

      (6)   Portable signs intended to be read from off the premises shall be prohibited.

(Ord. 4530-1974. Passed 2-28-77.)

      (7)   Political signs shall be permitted pursuant to Chapter 1124.

(Ord. 6095-1982. Passed 4-20-82.)

   (b)   All signs permitted as accessory to a residence or institution shall be located not less than ten feet from any side lot line or as specified in other regulations, whichever provides the greater setback.

   (c)   A building permit shall be obtained for any sign which exceeds six square feet in are, before erecting, altering or moving a permanent sign.

(Ord. 4660-1974. Passed 11-25-74.)

   Accessory signs in a U-3, U-3A or U-3B District shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations:

   (a)   Use Types Permitted.

      (1)   Professional nameplates, business and project signs.

      (2)   Development and real estate signs of a temporary nature.

(Ord. 2856-1968. Passed 5-14-68.)

      (3)   Political signs shall be permitted pursuant to Charter 1124.

(Ord. 6095-1982. Passed 4-20-82.)

   (b)   Structural Types Permitted. Wall, panel, canopy, free-standing and projecting signs and window signs on the ground level are permitted. Portable signs intended to be read from off the premises shall be prohibited.

(Ord. 4530-1974. Passed 2-28-77.)

   (c)   Maximum Area and Number Permitted.

      (1)   The maximum gross area of all permanent signs permitted for each separate use occupying a building or unit of a building shall be related to the width of the building.

Maximum gross area of signs = W x 3 feet.

The elements of such formula are defined as follows:

Maximum gross area means the total area of all permanent signs as defined in Section 1123.04(a).

"W" means the frontage of a building, as defined in Section 1123.04(b) (1).

      (2)   The maximum area of temporary signs permitted is established in Section 1123.10.

      (3)   Any group of stores having a generally common frontage or frontage on a common area and the total area of signs permitted under this chapter is in excess of 400 square feet, may apply to the Planning Commission for permission to erect signs having a total area of all sides exceeding 400 square feet. Such permission may be granted by the Planning Commission and the total sign area increased and all signs treated as signs of one business establishment provided that:

         A.   The owners or lessors join in written agreement to control the uniformity of design, illumination, color, style and location of signs, in a manner not inconsistent with this chapter;

         B.   Plans are submitted covering at least seventy-five percent of the sign area thus permitted, and

         C.   The increase in area requested does not exceed twice that provided by this chapter.

(Ord. 2856-1968. Passed 5-14-68.)

   Accessory signs in any U-3, U-3A or U-3B District shall also be controlled by supplementary regulations as follows:

   (a)   Nameplates. Professional, service, office and organizations above the ground floor of a building shall only have nameplates located on the permanent freestanding signs.

   (b)   Permanent Project Signs. Permanent project signs indicating the name, owner or manager of a project such as a shopping center shall not exceed twenty-five square feet for each project.

   (c)   Signs for Service Stations and Drive-Ins. The maximum areas for signs accessory to such uses may be increased fifty percent (50%) in addition to the gross area of signs computed by the building frontage formula.

For canopy structures which shelter service islands, no signs shall be displayed on the canopy fascia area. Furthermore, the canopy fascia area shall be nonilluminated and shall be designed in a manner which does not call attention to the canopy structure.

(Ord. 6398-1983. Passed 6-7-83.)

   (d)   Signs for Indoor Theaters. The Planning Commission shall determine the size, area and design of signs for each theater.

   (e)   Permanent Directional Signs. Permanent directional signs, indicating traffic routes and similiar functions, shall be permitted in addition to the above limitations provided each sign does not exceed four square feet in area.

   (i)   Temporary Development Signs. Temporary development signs not exceeding sixty square feet in total area for each street frontage shall be permitted if located on the lot which is occupied by the building or use advertised or if announcing a proposed building or a building under construction or if advertising the sale, rental or lease of a building or part thereof.

   (g)   Other Temporary Signs. Other temporary signs announcing sales, new products or special business events may be permitted in addition to the maximum gross area of permanent business signs, and shall be placed only on the inside of windows and doors and on the exterior of the building and not displayed more than thirty consecutive days.

(Ord. 2856-1968. Passed 5-14-68.)

   Signs in U-3, U-3A and U-3B Districts may be located on the surface of, or located so as to project out from the wall or on the first floor doors or windows of the building which faces a street, a pedestrian way or a parking area, or they may be erected on poles or other ground supports within yards as herein regulated. The maximum dimensions and areas established herein for certain signs shall include the structural members unless otherwise indicated.

   (a)   Wall Signs. A single wall sign shall not exceed 150 square feet in total area, shall not extend above the wall of the building to which it is attached, and shall set back from the end of the building and party wall lines for a distance of at least three feet.

   (b)   Projecting Signs. Projecting signs shall be limited to not more than one for each establishment or store unit and such sign shall not exceed thirty square feet in area for each face visible from any location on a public way. It shall not project above the cornice line more than one-third of the total height of the sign. It shall be located not less than five feet from a side lot line or party wall line.

   (c)   Free-Standing Signs. Free-standing signs shall be located not less than five feet from another business lot and not less than twenty-five feet from any residential district line. The maximum size of any face shall not exceed fifty square feet in area.

   A business establishment located in a shopping center, as defined in Section 1123.02, shall not be permitted a separate free-standing sign. However, one permanent free-standing sign shall be permitted on the site of each such shopping center and provisions may be made on such sign for the addition or inclusion of nameplates indicating the businesses occupying the shopping center. These name plates must be of a uniform design and may have self-contained illumination. The area of such sign, including the nameplates, shall not be part of the "gross area" as defined in Section 1123.04(a) and as computed in Section 1123.09.

   (d)   Canopy or Covered Walk Signs. Such signs may be attached to the soffit or fascia of a canopy or roof over a walkway structural member. However, the vertical dimension of such signs, including the fascia, shall not exceed three feet and the lowest member shall be not less than eight feet above the grade of the sidewalk. If located on the fascia, the total area of any sign shall not exceed thirty square feet; if located on the soffit, it shall not exceed six square feet.

(Ord. 2856-1968. Passed 5-14-68.)

   Accessory signs in Warehousing Districts and Industrial and Manufacturing Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following schedule and regulations:

   (a)   Use Types Permitted.

      (1)   Business signs, nameplates and temporary signs of the type permitted and as regulated in business districts.

      (2)   Service and industrial signs, nameplates, project signs.

      (3)   Real estate and development signs of a temporary nature.

   (b)   Structural Types Permitted. Wall, panel, canopy, free-standing and projecting signs are permitted.

   (c)   Maximum Area and Number Permitted.

      (1)   The maximum gross area of all permanent signs permitted for each separate use occupying a building or a unit of a building shall be directly related to the width of the building or unit thereof as follows:

   U-4 and U-5 Districts: the maximum gross area of signs shall not exceed W x 3, as defined in Section 1123.09.

      (2)   The maximum area of any permanent project sign shall not exceed forty square feet on the lot occupied by the building to which the sign is accessory.

   (d)   This section shall take effect and be in force on the closing date of the Settlement Agreement between the Cities of Brook Park and Cleveland that was approved by the Brook Park City Council on May 21, 1997, by Ordinance No. 8323-1997, and by the Cleveland City Council on June 16, 1997, by Ordinance No. 203-97, as the term "closing date" is defined in the Settlement Agreement.

(Ord. 8404-1997. Passed 1-27-98; Ord. 8497-1998. Passed 12-1-98.)

   (a)   Signs shall be located so as to maintain the same setback and yards as required for buildings except one permanent commercial or industrial ground sign may be permitted within twenty-five feet of the front property line. Signs shall not be attached to or obstruct a fire escape or interfere with other safety provisions as may be further regulated in the Building Code.

   (b)   Signs shall be located not less than forty feet from any residential district and not less than 100 feet from a public park.

(Ord. 6095-1982. Passed 4-20-82; Ord. 8405-1997. Passed 1-27-98; Ord. 8497-1998. Passed 12-1-98.)

   Any sign not specifically permitted shall be prohibited.

(Ord. 2856-1968. Passed 5-14-68.)

   Application for permits to erect, place, paint or alter a sign shall be made by the owner or lessee of the property for which the sign is proposed. The application shall be submitted on forms furnished by the City and shall be made either separately or with the application for a permit for a building and otherwise in accordance with the Building Code. The fee shall be established by separate ordinance.

   (a)   A permit shall be required for all signs as follows:

      (1)   U-1 and U-2 Districts: if the sign exceeds four square feet in area or if it is a permanent directional sign.

      (2)   U-3, U-3A and U-3B Districts: if the total area of the signs exceeds twelve square feet in area, a permit shall not be required for placing signs on the surface of windows and doors. However, such signs may be ordered to be removed if the maximum gross area permitted is exceeded.

      (3)   U-4 and U-5 Districts: if the total area of the signs exceeds twelve square feet. (Ord. 2856-1968. Passed 5-14-68.)

      (4)   (EDITOR'S NOTE: Former subsection (a)(4) was repealed by Ordinance 6095-1982, passed April 20, 1982.)

      (5)   U-7 District: All signs in the U-7 District proposed for a single parcel of land or single establishment shall be considered together for a single permit. The permit shall designate each sign as a primary sign, a secondary sign, an auxiliary entry sign or a parking control sign. No signs additional to those included in the permit will be allowed without resubmitting an application covering all signs for the parcel or establishment. Temporary signs are exempted from this requirement, and applications for these signs shall be filed separately.

(Ord. 8497-1998. Passed 12-1-98.)

   (b)   Each application shall be accompanied by drawings to scale, showing:

      (1)   The design and layout proposed, including the total area of the sign, the size, character and color of letters, lines and symbols;

      (2)   The method of illumination, if any;

      (3)   The exact location of the sign in relation to the building and property;

      (4)   Details and specifications for construction, erection and attachment as may be required by the Building Code. Applications for every permit for signs shall include a drawing at a scale which will clearly show the design, materials, color, structural members, relation to buildings to which it is accessory, or the exact location on the site. The sign shall be designed so as to be similar in character, with regard to materials, color and size, to the sign designed or located on the same building and on adjoining buildings in order to equalize the attention such signs are meant to attract and to produce a unified effect. In the development of a group of stores or services, the above mentioned features of signs should be controlled by additional restrictions to assure an underlying harmonious and unified effect in the design of the individual signs. The drawings for all signs for which a permit is required shall be submitted to the Building Department for approval.

(Ord. 2856-1968. Passed 5-14-68.)

   All signs and sign structures shall be maintained in a safe and attractive condition. Signs which no longer serve the purpose for which they were intended, or which have been abandoned or are not maintained in accordance with this chapter and other applicable regulations of the City, shall be removed by the latest permit holder or by the City at the expense of such permit holder.

(Ord. 2856-1968. Passed 5-14-68.)

   A sign nonconforming as to the regulations prevailing on the effective date of this chapter (Ordinance 2856-1968, passed 5-14-68), may be construed as a legal nonconforming sign unless this or a subsequent amendment shall make such sign conforming. A sign conforming as to the regulations prevailing on the effective date of this chapter but which does not conform with the regulations of this or a subsequent amendment shall be construed as a legal nonconforming sign.

   Nonconforming signs may be maintained and structural parts repaired or restored to a safe condition if required and a permit is issued. However, any sign, or parts thereof, which has been blown down, destroyed or otherwise taken down for any purpose, except for vandalism, shall not be rebuilt, re-erected or relocated unless it shall be made to comply with the provisions of this chapter and the Building Code.

(Ord. 2856-1968. Passed 5-14-68.)

   Whenever the removal or maintenance of any sign has been ordered by the Building Inspector and the person, firm or corporation who erected such sign or on whose premises such sign or display structure has been erected, affixed or attached shall fail to remove or maintain the sign within forty-eight hours after receiving such notice, the Building Inspector may remove or cause to be removed or maintained such sign at the expense of the person, firm or corporation who erected such sign or on whose premises it was erected, affixed or attached and each such person, firm or corporation shall be individually and separately liable for the expenses incurred in the removal of such sign. Temporary signs shall be removed within twenty-four hours after a removal order is received from the Building Inspector.

(Ord. 2856-1968. Passed 5-14-68.)

   (a)   The fees for signboards shall be two dollars ($2.00) per square foot, to which will be added a charge of fifty dollars ($50.00).

    (b)    No fees shall be charged for signs erected under Chapter 1124.

(Ord. 6938-1986. Passed 2-24-87; Ord. 9530-2008. Passed 12-16-08.)

   All permits granted hereunder shall automatically expire ninety days from the date of the issuance thereof. However, if actual construction has been commenced within the initial ninety-day period following the issuance thereof, the Building Commissioner may, upon request by the applicant for such permit, extend the effective period of such permit for one additional period not exceeding ninety days, at the end of which additional period such permit shall automatically expire. In the event any permit expires or the work upon any sign is not fully completed during the period such permit is effective, a new permit shall be required to permit the performance of such work or the completion thereof, which permit shall not be issued unless the fee provided in Section 1123.19 shall first be paid.

(Ord. 2856-1968. Passed 5-14-68.)

   A variance from the strict application of the provisions of this chapter may be granted by the Board of Zoning and Building Appeals in respect to any new sign to be installed, erected, constructed or painted hereunder upon application therefor, if the Board of Zoning and Building Appeals finds that strict compliance with the provisions of this chapter may impose an undue hardship upon the application for a permit hereunder, and that the granting of the variance from the application of the provisions of this chapter will not depreciate or damage neighboring property and will not create a safety hazard nor be contrary to the purposes of this chapter. The procedure for applying for a variance, the hearing thereon and the giving of notices thereof shall be in accordance with the Charter and the ordinances of this Municipality as made and provided in other cases of variances.

(Ord. 2856-1968. Passed 5-14-68.)

   Every person, firm or corporation engaged in the business of erecting or installing signs for which permits are required by this chapter shall obtain a license and bond in accordance with the provisions of the Building Code.

(Ord. 2856-1968. Passed 5-14-68.)

   Signs advertising adult entertainment businesses, as defined in Section 1121.021, shall comply with all applicable requirements under this chapter. In addition to any other provision applicable:

   (a)   Signs advertising adult entertainment businesses shall be limited to wall, canopy, window or ground signs and shall be neither flashing nor animated.

   (b)   Signs advertising adult entertainment businesses shall not display any representation, in pictures, words or any other form, of "specified anatomical areas" or "specified sexual activities," as defined in Section 1121.021. Signs advertising adult entertainment businesses may display one or more of the following phrases:

      (1)   "Adult Bookstore"

      (2)   "Adult Novelties"

      (3)   "Adult Video Store"

      (4)   "Adult Entertainment".

(Ord. 8498-1998. Passed 12-1-98.)

   Accessory signs in Planned Development Districts shall be designed, erected, altered and maintained, in whole or in part, in accordance with the following schedule and regulations:

   (a)   Use Types Permitted.

      (1)   Tenant identification sign(s).

      (2)   Real estate, construction and development signs which will be removed at the time the building is fit for occupancy.

      (3)   Project identification sign.

   (b)   Structural Types Permitted. Wall-mounted and ground signs are permitted.

   (c)   Maximum Area and Number Permitted.

      (1)   The U-6 maximum gross area of all permanent signs permitted for each primary or secondary tenant shall be related to the width of the building as follows: U-6 District: The total maximum gross area of all signs shall not exceed W x 2, as defined in Section 1123.09.

      (2)   Every lot shall be permitted one ground sign which shall not exceed four feet above grade in height or more than one square foot for each W. as defined in Section 1123.09. No sign shall be twenty feet from the front lot line.

      (3)   Every lot shall be permitted one real estate, construction or development sign not to exceed twenty square feet in area.

(Ord. 7199-1988. Passed 12-20-88.)

   (a)   The posting of signs on any poles located within the City is hereby prohibited.

   (b)   The intent of this section does not effect any posting of signs by the municipal corporation acting in its official capacity.

   (c)   Whoever violates subsection (a) hereof is guilty of a minor misdemeanor.

(Ord. 8025- 1994. Passed 1-17-95.)

   Accessory signs in the U-7 District shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the following regulations.

   (a)   Sign Types Permitted. Every business establishment shall be permitted the following sign types:

      (1)   Primary signs. One of the following as a primary sign for each frontage on a public right of way:

         A.   Business signs, as defined in this chapter, installed as wall, canopy, window or ground signs.

         B.   Directory signs to identify upper story establishments. Each such sign shall be installed as a wall sign, not to exceed twenty-four square feet, and located within six feet of the entrance serving the uses identified on the sign. One directory sign shall be shared by all upper story establishments served by such entrance. Such directory sign shall be designated the primary sign for all upper story establishments identified in the directory sign and may incorporate changeable copy.

         C.   Shopping center identification signs to identify the establishments located in a shopping center. Each such sign shall be installed as a ground sign not to exceed forty-eight square feet. One shopping center identification sign shall be shared by all establishments located in the shopping center. Such shopping center identification sign shall be designated the primary sign for all uses in that shopping center.

      (2)   Secondary signs. One of the following as a secondary sign for each frontage on a public right-of-way:

         A.   Window signs. Window signs shall be the only type of secondary sign permitted for upper story establishments.

         B.   Canopy signs.

         C.   Wall signs.

      (3)   Auxiliary entry signs. One auxiliary entry sign, installed as a wall sign, no wider than the width of the customer entrance, and not to exceed two feet in height.

      (4)   Parking control signs. One parking control sign shall be permitted per entry or exit drive serving a parking lot, installed as a free-standing sign. The sign face shall not exceed a surface area of four square feet and the sign shall not exceed a height of three and one-half feet.

      (5)   Temporary signs. Temporary signs shall be installed as window signs and shall be installed no more than thirty days prior to the event to which they relate. Such signs must be removed ten days after the event and, in any case, the same temporary sign may not be displayed for more than a total of forty days.

   (b)   Structural Requirements.

      (1)   Wall signs.

         A.   The maximum area of wall signs along the frontage of a single business enterprise shall be equal to one square foot of signage for each one linear foot of building frontage allocated solely to that business, but shall not exceed fifty square feet. Each business shall be permitted, for each frontage of that business, one square foot of signage for each one linear foot of building frontage allocated solely to that business, up to a maximum of fifty square feet.

         B.   Permitted wall signs shall be located and designed subject to the following criteria:

            1.   A wall sign shall not be located above the cornice line or second floor window line of a building, whichever is lower.

            2.   All wall signs shall be oriented to face the street and mounted on the building facade generally parallel to the street.

      (2)   Ground signs.

         A.   Ground signs shall not be approved unless the size, design and location of the principal structure are such that a wall sign could not be safely seen or clearly viewed by passing traffic.

         B.   1.   A ground sign may display not more than two signable areas, located on opposite faces of the sign.

            2.   The maximum permissible area of each single sign face shall not exceed twenty-four square feet, with the exception of identification signs for shopping centers.

         C.   Ground signs shall not exceed five feet in total height. Such height includes the base of the sign, which base shall be a minimum of one foot in height.

         D.   Location.

            1.   Ground signs shall be located in an evergreen landscaped base no closer than five feet from the front property line; no closer than ten feet from the principal structure; and no closer than ten feet from any driveway. Ground signs shall not obstruct the view of drivers entering the street or highway.

            2.   In determining the appropriate location of a ground sign along the property frontage, a minimum separation of eighty feet from other ground signs shall be maintained.

            3.   The ground sign must be set back at least twenty-five feet from the adjoining side lot line.

         E.   Ground signs for places of worship may incorporate changeable copy.

      (3)   Window signs.

         A.   A ground floor establishment may display, as its primary sign, one permanent window sign. Such signs shall be placed on the window glass and shall be contained completely within a single window. Such signs shall be limited in area to one square foot for each linear foot of building frontage, not to exceed forty square feet or any more stringent limitation of this chapter.

         B.   The placement and design of window signs shall, in addition to all other requirements of this chapter, be subject to the following:

            1.   Permanent window signs cannot exceed fifteen percent of the area of the window through which the sign may be seen, or six square feet, whichever is less.

            2.   A person may display one or more temporary window signs on each window of the premises, but the total area of all window signs in any one window shall not exceed ten percent of the area of that window.

            3.   The combined total area of temporary and permanent window signs shall not exceed twenty percent of the area of the window through which such signs may be seen.

         C.   A permanent window sign shall be placed on the window glass and be contained completely within a single window. A sign will also be considered as a window sign if it is located within six feet inside the window.

         D.   Window panels separated only by mullions shall be considered as a single window in the computation of window surface area.

         E.   Permanent window signs shall have a transparent background.

         F.   Neon or flashing window signs are not permitted.

      (4)   Window displays. Window displays shall be limited to forty percent of the window area. No window display located within six feet of the window may be maintained which has the effect of circumventing the intent of this requirement. If material purporting to be a window display has such effect, it shall be deemed to be a temporary window sign and not a window display.

      (5)   Canopy Signs.

         A.   Canopies may constitute the primary sign for an establishment unless the establishment displays a business sign, as defined in this chapter, installed as a wall or window sign. A canopy displaying edge lettering may be used as a secondary sign.

         B.   Coverage limitations.

            1.   If a canopy is used as a primary sign, the area of such sign shall not exceed twenty-five percent of the surface of the canopy or six square feet, whichever is less.

            2.   If a canopy is used as a secondary sign, lettering shall be placed on the edge of the canopy hanging perpendicular to the street and shall be nine inches or less in height.

         C.   No portion of a canopy sign shall be less than eight and one-half feet above the level of the sidewalk or other public thoroughfare over which it projects.

      (6)   Free-standing pole signs.

         A.   The maximum area of each sign face shall be 120 square feet. Each sign shall have no more than three sign faces.

         B.   The maximum height of a pole sign shall be fifty feet, and the lower edge of the sign face shall be located not less than ten feet above grade.

         C.   Free-standing pole signs shall be located only on the north side of Brookpark Road and shall be located no more than twenty-five feet from the right-of-way line of Interstate Highway 480.

         D.   Permits for free-standing pole signs shall be issued pursuant to the same procedures, application requirements and design standards applicable to billboards as set forth in Chapter 1124, except those design standards applicable specifically to pole signs under this subsection.

   (c)   Special Conditions for Automotive Fuel Stations.

      (1)   Matter appearing on gasoline pumps as purchased or installed shall not be considered signs for purposes of this chapter.

      (2)   In addition to all other signs permitted by this section, an automotive fuel station may display:

         A.   One sign, not larger than four square feet, above each pump island stating whether the area is a "self service" or "full service" area and the current price per gallon of the gasoline sold at the station;

         B.   Signs showing an affiliation with a motor club;

         C.   Signs indicating the acceptance of designated credit cards;

         D.   Matter appearing on outdoor vending machines as purchased or installed; and

         E.   Price information displayed on ground signs.

      (3)   Each element of the cost to the customer of fuel shall be included in the statement of the price per gallon.

   (d)   Mural or Pictorial Signs.

      (1)   Mural or pictorial signs shall not depict any scene or picture containing advertising or commercial aspects.

      (2)   Mural or pictorial signs shall be in proportion to the total area of the structure. Such signs shall complement the building and street where displayed in terms of scale, color and pattern. No mural or pictorial sign shall be intended or used to shock, or have the effect of shocking, the visual coherence of the streetscape.

   (e)   Nonconforming and Unsafe Signs and Nuisances.

      (1)   All signs which were installed with a permit prior to the effective date of this chapter shall be deemed legal nonconforming signs.

      (2)   Pole signs in existence on the effective date of this chapter may continue to be displayed until the sign is damaged or destroyed in excess of fifty percent of its replacement value, or use of the sign has been voluntarily discontinued for six months or more, whichever time is earlier. The use of a legal nonconforming pole sign shall be considered voluntarily discontinued when the sign has been modified to conform to the requirements related to size, color, illumination and other construction requirements under this chapter, or when the intent of the permittee to discontinue use is otherwise apparent in the condition of the sign. Evidence of such intent shall include, but is not limited to, signs which have ceased to display advertising, matter, which display obsolete messages, which require repairs costing more than fifty percent of the replacement value of the sign or for which the property owner claims no responsibility.

(Ord. 8927-2002. Passed 9-17-02.)

      (3)   Any sign erected without a permit shall be removed within forty-eight hours of receipt of a notice of violation from the Building Commissioner. If such sign is not removed within such forty-eight hour period, the Building Commissioner is authorized to cause the sign to be removed. Any expense incident thereto shall be paid by the owner, agent or person having the beneficial use of the building, structure or premises on which the sign is found.

(Ord. 8497-1998. Passed 12-1-98.)

   Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the first degree, punishable under Chapter 501 of the Codified Ordinances, unless any other penalty is specifically stated in any individual section of this chapter.

(Ord. 8027-1995. Passed 1-17-95.)