The regulations set forth herein shall apply and govern signs in all zones except as otherwise specifically provided within this title. Definitions shall be construed as defined in the Hamilton County Building Code and in normal dictionary usage.

(Ord. 06-14, passed 10-3-06; Am. Ord. 17-11, passed 7-18-17)

   The purpose of this chapter is to protect the general health, safety, morals, and appearance of the community by providing an instrument for protecting the physical appearance of the community and for encouraging high quality, effective outdoor graphics for the purpose of information and identification. Specifically, it is the intent of this chapter to provide businesses in the city with equitable sign standards in accord with fair competition and aesthetic standards acceptable to the community. This chapter is based on the premise that signs are as much subject to control as noise, odors, debris, and other similar characteristics of land use that, if not regulated, can become a nuisance to adjacent properties within the community in general, or depreciate the value of other properties within the community. It is also the intent of this chapter to guarantee equal treatment under the law through accurate record keeping and consistent enforcement.

(Ord. 06-14, passed 10-3-06)

   The following signs, unless designated as legal non-conforming signs pursuant to § 155.18, are prohibited within the city:

   (F)   Prohibited signs, as described in §§ 155.03 and 155.04, and their supports shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or structure upon which such a sign may be found within 60 days after written notification from the Building or Zoning Department. The notice shall warn the owner, agent, or beneficial user that failure to remove the sign as ordered may result in criminal charges and may cause the city to undertake removal of the sign at the owner's, agent's, or user's expense. Upon failure to comply with such notice within the time specified in such order, the Safety-Service Director or the Building Commissioner shall cause removal of such sign, and any expenses incident thereto shall be paid by the owner of the property, building, or structure upon which the sign is erected, or to which the sign is attached.

(Ord. 06-14, passed 10-3-06; Am. Ord. 08-30, passed 10-28-08)

   (A)   Signs which constrict the flow of air through any window or door are prohibited.

   (B)   Signs erected at or near any intersection of any street, in a manner to obstruct fee and clear vision, or at any location where, by reason of position, shape, or color, which may interfere with, obstruct the view of, or be confusing to a motorist are prohibited.

   (C)   Signs over or on any street, public way, or alley right of way are prohibited unless specifically permitted by another section or ordinance.

   (D)   Signs, handbills, posters, advertisements, or notices of any kind erected on any structure within the right of way are prohibited unless specifically permitted by another section or ordinance. This prohibition includes items posted on utility poles.

   (E)   Signs which contain audible sound or noise making devices or instruments are prohibited. Separate noise making devices are also prohibited when used in conjunction with a sign.

   (F)   Signs which display flashing or intermittent lights of changing degrees of intensity are prohibited.

   (G)   Signs, except for barber poles, which rotate, are animated, revolve, or have any visible moving part are prohibited.

   (H)   Signs which contain any obscene, indecent, or immoral matter are prohibited.

   (I)   Signs designed as portable, mobile signs are prohibited for permanent use. Permanent use shall be deemed to be any continuous period exceeding 30 days.

   (J)   Signs must be professional in appearance and shall not have surface areas constructed of "home made" materials such as plywood, common lumber, or sheet metal. They shall not be hand-lettered or hand-drawn.

   (K)   Removal of signs in this section shall be in accordance with § 155.03(F).

(Ord. 06-14, passed 10-3-06; Am. Ord. 08-30, passed 10-28-08)

   The following signs which meet the criteria established herein may be permitted in all districts and do not require a permit:

   (A)   Real estate signs, single or double faced, advertising the sale, lease, or rental of the premises upon which the sign is located, and which does not exceed 12 square feet in area (except in residential districts where such signs shall not exceed six square feet in area).

   (B)   Professional name plates, single or double faced, not exceeding two square feet in area.

   (C)   Memorial signs or tablets, when built into the walls of the building and constructed of bronze, brass, marble, stone, or other non-combustible material.

   (D)   Construction signs denoting the person, firm, architect, engineer, or contractor of construction projects when placed upon premises where the construction work is being performed. Such a sign shall not be over 25 square feet in area, may be single or double faced, and shall have a maximum height of five feet above grade to the top of the sign. The sign shall be removed by the owner or agent within ten consecutive calendar days after completion of the project.

   (E)   Signs on a truck, bus, trailer, or other vehicle that is not used primarily for the display of signs.

   (F)   Political campaign signs.

   (G)   Address identifying numbers denoting the address of the occupants of the premises, whether residential or business. These numbers must be a minimum of three inches in height, affixed in a conspicuous place, and of sufficient color contrast to be clearly visible and legible from the abutting street or sidewalk. Apartment buildings or buildings with multiple units must also have individual residences marked with the appropriate number or letter. The identifying numbers noted in this division are mandatory and not permissive. It is a safety concern and necessary for the proper response of emergency police and fire personnel.

   (H)   Municipal government signs erected for the purpose of the operation of the city government or public safety.

   (I)   Temporary signs, not exceeding ten square feet in surface area, which advertise public events such as festivals or fairs, or which contain a civic or religious message, or which advertise the name of window, door, or light construction company which performed work upon the premises. Such signs shall be limited to 30 continuous days in duration, and shall also be limited to 30 days of posting within a 120-day period.

(Ord. 06-14, passed 10-3-06; Am. Ord. 08-30, passed 10-28-08)

   (A)   In the Business B District and the Business B-1 District, billboards are prohibited, except for the following:

      (1)   Billboards erected prior to September 1, 1997;

      (2)   Billboards which are erected with a properly issued permit on or after September 1, 1997, to replace a billboard which is in existence on September 1, 1997; or

   (B)   No person shall construct a billboard without first removing a billboard sign equal in face area and the number of faces. In order to administer this provision, the Building Commissioner shall issue a replacement permit to any person who permanently removes a lawfully existing outdoor advertising sign and any supporting structure that has been inspected pursuant to this chapter and found to fully comply with this chapter and all other applicable codes. The Commissioner shall note on the replacement permit the number of faces and face area, up to a maximum of 672 square feet, and the zone district in which the sign was located for every sign face removed. Replacement permits may be transferred. No new billboard sign construction permit shall be issued unless the applicant tenders for cancellation replacement permits with a total face area and number of faces noted of at least the area and number of the sign or signs to be replaced.

   (C)   As used in this section, BILLBOARD means a type of off-premise sign classified as a business use, which is generally a rigidly assembled sign, display, or device, usually freestanding, that is affixed to the ground or to a building, the primary purpose of which is to display advertising posters. Such signs, commonly referred to as BILLBOARDS or POSTER PANELS are generally designed so that the copy or poster on the sign can be changed and the advertising space may be leased. Billboards are greater than 300 square feet in surface area and do not include painted wall signs and other signs prohibited under other sections of the Cheviot Code of Ordinances. This section shall not be construed to permit off- premises signs which do not meet the strict definition of BILLBOARD.

   (D)   A banner over Harrison Avenue roadway, near the intersection of Harrison and Glenmore Avenues, is permitted subject to the following restrictions:

      (1)   No banner shall be in place for a period exceeding 30 days during any calendar year.

      (2)   No banner shall be for the advertisement, support, or endorsement of any political candidate, political party, or ballot issue.

      (3)   No banner shall be for the advertisement of any commercial product or service. Banners shall be limited to the advertisement of events and accomplishments of non-profit or governmental organizations.

      (4)   No banner may be erected without first obtaining a permit from the Safety-Service Director. No fee shall be required for the permit. The permit shall be in a form prescribed by the Safety-Service Director, and copies of all current and pending permits shall be made available for inspection upon request.

      (5)   Permits shall be issued on a “first come, first served” basis. No permit shall be applied for or issued more than 90 days before the first day of the display of the banner.

      (6)   All costs of erection, removal, and liability insurance shall be borne by the person or organization receiving the permit.

(Ord. 06-14, passed 10-3-06)

   (B)   By way of example, and not by way of limitation, the following situations shall require a permit:

      (1)   Change of signs. If any sign is removed, and any new sign is erected in its place, a permit shall be obtained in the same way as if a new sign were erected at a new location, subject to all requirements stated in this chapter.

      (2)   Relocation of signs. If any conforming sign is removed from one located and is erected at a new location, a new permit shall be obtained.

      (3)   Alteration of signs. Alteration or enlargement of any sign shall require a permit in the same way as a new sign.

   (C)   Maintenance of signs. If any conforming sign, or legal non-conforming sigh, is removed for maintenance and replaced on the same supports, a new permit shall not be required, provided that the size, type, or message is not changed.

(Ord. 06-14, passed 10-3-06)

   (A)   An application for a sign permit shall be made and submitted at the office of the Building or Zoning Commissioner on the appropriate forms furnished by the administration.

   (B)   All applications for sign permits shall, at a minimum, include a scale drawing of the proposed sign, indicating the following:

      (1)   Height, size, and orientation of the sign and message contained thereon.

      (2)   Location of the sign on the lot or building, respecting all setbacks required by this chapter, by the city building code, or by the city zoning code.

      (3)   Type of materials from which sign is to be constructed.

      (4)   Method of illuminating and source of illumination for such sign.

      (5)   Any other information which may be required by the Building or Zoning Administrator to determine conformance with the regulations contained herein.

   (C)   The Building or Zoning Commissioner shall grant or deny an application for a sign permit within 30 days of its receipt. When an application for a permit is denied, the Commissioner shall briefly state in writing the reason for the denial.

(Ord. 06-14, passed 10-3-06)

   (A)   No sign shall be erected or placed unless it is in full compliance with the regulations and building setbacks for the zone in which it is located. In addition to any regulations contained herein, all new signs shall conform to the requirements of all city regulations and codes such as building codes, electrical codes, and other applicable ordinances and regulations.

   (B)   Except as specifically provided herein, signs shall be permanently attached to the ground or on the building which the sign is to serve.

   (C)   All signs shall be subject to inspection and approval of the Building or Zoning Commissioner, and all permits are subject tot revocation, and the sign shall be removed, when the Building or Zoning Commissioner finds that a sign for which a permit has been issued is in violation of permit conditions, or a sign has been installed without a proper permit.

   (D)   All signs and sign structures, including the component parts of each, shall be maintained in a safe and attractive condition by the owners of the sign or the owners of the property upon which the sign is located. Signs shall be maintained free of dirt and other such debris. All lettering, illustrations, and other such graphics contained on said signs shall be constructed and maintained in a workmanlike manner, free from fading and illegibility. The Building or Zoning Commissioner shall order the repair or removal of any sign which is defective, damaged, or substantially deteriorated. If such order of the Building or Zoning Commissioner is not obeyed within the time period specified in the order, the Building or Zoning Commissioner shall remove or cause to be removed any sign that is erected and is not in full compliance with all applicable provisions and regulations of this title, or any other applicable laws, codes, ordinances, or regulations of the city. If, after due notice and reasonable time for compliance, the owner of such sign has failed to remove the sign or correct the violation, such owner or agent shall bear the full costs of such removal, and shall be billed accordingly.

(Ord. 06-14, passed 10-3-06; Am. Ord. 17-11, passed 7-18-17)

   (A)   Light sources for illuminated signs shall not be of a brightness as to constitute a hazard to pedestrians or vehicular traffic. Artificial light shall be maintained stationary and constant in intensity and color at all times when in use. The illumination of exterior signs shall be accomplished from a concealed source. On externally lighted signs, the light shall be focused to light only the sign.

   (B)   Illumination for signs shall be directed or shaded so as to not interfere with the vision of persons on the adjacent streets or property.

(Ord. 06-14, passed 10-3-06)

   The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof, that will encompass the extreme limits of the writing, representation, emblem, or other display, but not including any supporting framework, bracing, or decorative fence, foundation, or wall, when such fence, foundation, or wall otherwise meets zoning regulations and is clearly incidental to the display itself.

(Ord. 06-14, passed 10-3-06)

   (A)   In the case of special circumstances or conditions where the strict application of the requirements of this chapter would deprive the property owner of a reasonable desire to have signage, the Building or Zoning Commissioner shall have the power to vary or adapt the requirements of this chapter. In granting a variance, the Commissioner may prescribe the appropriate conditions and safeguards to ensure conformity with the surrounding neighborhood.

   (B)   Variances shall be granted only when there is a pressing need and shall be limited in their scope to the minimum variance necessary to accomplish the purpose of the variance. The fact that another person or entity has received a variance shall not be a valid reason for the issuance of a new variance, and shall not be considered by the Building or Zoning Commissioner.

   (C)   Appeals from the grant or denial of a variance shall be in accordance with the procedures enumerated in § 150.14 of the Cheviot Code of Ordinances.

(Ord. 06-14, passed 10-3-06)

   (A)   Signs permitted in the Residential Districts (Residence, R-1, and Multiple Use), shall be used for the purposes typically accessory to single family residential usage. Such signs shall not create a nuisance, or impact the use and enjoyment of surrounding residential property.

   (B)   The following types of signs are permitted in Residential Districts:

      (1)   Signs exempt from permits which are listed in § 155.05.

      (2)   Identification signs for churches, schools, community centers, libraries, or other public or semi-public buildings or institutions that comply withe the following requirements:

         (a)   Freestanding signs may not exceed 32 square feet in identification display area and shall be set back a minimum of ten feet from any street, right of way, or adjoining property line. No such sign or portion of the structure it may be integral with shall exceed six feet from grade.

         (b)   For building signs, one wall sign not exceeding eight square feet for each 50 feet of building frontage shall be permitted.

         (c)   The total surface area of building signs and freestanding signs, measured collectively, shall not exceed 32 square feet.

(Ord. 06-14, passed 10-3-06)

   The following types of signs shall be permitted in "Business A" zones :

   (A)   Signs exempt from permits which are listed in § 155.05.

   (B)   Building signs.

      (1)   Any business or other permissible use shall be permitted 1-1/2 square feet of building sign surface area for each lineal foot of building frontage that fronts the principal dedicated street, or the facade that contains the main entrance to the building.

      (2)   Where a building contains multiple tenants, building signs may be calculated by individual unit as measured from interior wall to interior wall of the tenant space. Each tenant shall be permitted 1-1/2 square feet of building sign surface area for each foot of building frontage that fronts the principal dedicated street, or the facade that contains the main entrance to the building.

   (C)   Free standing signs.

      (1)   Pole signs are not permitted

      (2)   A ground or monument type sign, up to a maximum of 32 square feet of sign surface area, is permitted if the business has at least 100 feet of lot frontage. No such sign shall be placed nearer that 50 feet to an area designated as residential.

   (D)   Special signs. Awning and canopy signs and temporary signs may be permitted if they meet all requirements of § 155.18.

(Ord. 06-14, passed 10-3-06)

   The following types of signs shall be permitted in "Business B" and "Business B-1" zones:

   (A)   Signs exempt from permits which are listed in § 155.05.

   (B)   Building signs.

      (1)   Any business or other permissible use shall be permitted to erect a building sign with 1-1/2 square feet of surface area for each foot of building frontage as measured along the length of the building facade that fronts the principal dedicated street, a municipal or private parking lot, or the facade that contains the main entrance to the building. For other building frontage, building signs may not exceed .75 square feet of sign surface area for each foot of building frontage.

      (2)   Where a building contains multiple tenants, building signs may be calculated by individual unit as measured from the interior wall of a tenant’s space. Each tenant shall be permitted to erect a building sign with 1-1/2 square feet of surface area for each foot of his portion of the building’s frontage as measured along the length of the building facade that fronts the principal dedicated street, a municipal or private parking lot, or the facade that contains the main entrance to the building. For tenant space facing another street frontage, such as a secondary public street, private drive, private access drive, or parking lot, building signs may not exceed .75 square feet of sign surface area for each foot of building frontage occupied by that particular tenant.

      (3)   Limits for building sign surface area for corner lots with secondary frontage shall be calculated in the same manner as in division (B)(1) above.

   (C)   Free standing signs. Free standing signs may be in the form of a pole sign or a ground mounted sign and are subject to the size of requirements of division (B) above. In addition, free standing signs shall meet the following requirements :

      (1)   The maximum amount of display area shall be 35 square feet.

      (2)   No sign or any portion of the supporting structure shall exceed 18 feet from grade.

      (3)   All free standing signs shall be located a minimum of ten feet away from any adjoining property line, shall not be closer than 50 feet to any residential district, shall not be located within or overhanging any public road or right of way, and shall be at least ten feet from any street.

      (4)   There shall be no more than one free standing sign for any one qualifying building, regardless of the number of businesses conducted in that building.

   (D)   Special signs. Window signs, awning and canopy signs, temporary signs, portable signs, banners, and sandwich board signs may be permitted if they meet all requirements of § 155.18.

(Ord. 06-14, passed 10-3-06)

   (A)   The following types of signs shall be permitted in "Office and Professional" zones:

      (1)   Signs exempt from permits which are listed in § 155.05.

      (2)   For single family residences, those signs permitted by § 155.14.

      (3)   For multi-unit buildings, one framing device, not exceeding four feet in height from the ground, and not exceeding 32 inches in width. One identification plate for each tenant, plus one general identification plate for the property will be permitted to be installed on the framing device. These name plates shall not exceed 32 inches in length, or ten inches in height.

      (4)   Portable and movable signs that conform to the other requirements of this chapter.

   (B)   No neon or flashing lights are permitted. Signs may be illuminated by indirect light only.

   (C)   A framing device shall be at least ten feet from the nearest edge to any property line and at least ten feet from the nearest edge to a public right of way.

(Ord. 06-14, passed 10-3-06)

   (B)   Awnings or canopies used as signs. One awning sign shall be permitted per building. The total area of one face of the sign shall not exceed six square feet, and the vertical dimension of the sign shall be at least eight feet from the sidewalk and shall be no closer than three feet to the curb line in horizontal dimension. This sign lettering area shall not be included in the maximum area of permanent signs permitted. Lettering added to an existing awning shall not require a permit. A permit shall be required for the replacement of an existing awning or the installation of a new awning.

   (C)   Temporary signs. Temporary signs include commercial advertising banners, flags, pennants, and temporary business or identification signs intended to promote special business occasions associated with the business or other pursuits conducted on or within the premises on which the sign is erected or maintained. Temporary signs shall :

      (1)   Not exceed one sign per business location.

      (2)   Be allowed by permit only, shall not exceed a period of 30 days, and any permit shall be limited to one every 90 days.

      (3)   Not exceed 20% of the maximum area of permanent signs permitted for a location. This 20% shall be in addition to the square footage of the permanent signage at that location.

      (4)   Not extend into the line of a street, sidewalk, alley, or other thoroughfare.

   (D)   Portable or movable signs. Portable or movable signs for commercial or advertising use to advertise grand openings, charitable, or community-related events and similar activities are permitted in the business districts, subject to the following restrictions:

      (1)   No more than one such sign shall be permitted per premise.

      (2)   Such sings shall be allowed by permit only, shall not exceed a period of 30 days, and any permit shall be limited to one every 90 days.

      (3)   Illuminated portable signs shall comply with the requirements of this chapter and the National Electric Code.

      (4)   No portable sign shall be located closer than one-half the setback distance from the building setback to the street or right of way.

      (5)   No portable sign shall exceed 32 square feet in surface display area.

   (E)   Sandwich board signs. Temporary advertisement signs known as "sandwich boards" may be used on a day to day basis when placed on the sidewalk at the curb line and restricting pedestrian clearance to not less than five feet. Sandwich board signs may only be in place during the operating hours of the business displaying the sign. Sandwich board signs may only be displayed on a sidewalk which borders the property of the business displaying the sign or which borders public property which is contiguous to the business displaying the sign. No sign shall be displayed on a sidewalk which borders a city municipal building. No permit shall be required for conforming sandwich board signs.

   (F)   Signs during festivals and special events. During the Harvest Home Parade and Fair at Harvest Home Park in September of each year, and during special events such as the West Side Street Fest and other festivals properly conducted within the City of Cheviot, temporary signs advertising products, services, businesses, or not-for-profit organizations may be displayed on the Harvest Home Park fence and in the Harvest Home Park premises without a permit with the approval of the Safety-Service Director. Signs may be erected in other parts of the city where the event is being conducted if the festival or event is taking place outside of Harvest Home Park. The Safety-Service Director may set the conditions for the erection, duration, and removal of the signs.

(Ord. 06-14, passed 10-3-06; Am. Ord. 15-18, passed 6-16-15)

   (A)   Any sign affixed to a business, or free standing upon premises, which was in existence and legal prior to the date of the passage of this chapter, but has become prohibited by this chapter, shall be designated as a "non-conforming sign."

   (B)   A non-conforming sign shall be removed by the owner or agent within 60 days of the passage of this chapter, unless the sign is designated as a "legal non-conforming sign" in accordance with § 155.20.

(Ord. 06-14, passed 10-3-06)

   (A)   Any sign affixed to a business or freestanding upon premises, except for abandoned, off-premise, or dangerous signs as defined in divisions (A), (B), and (C) of § 155.03, which is lawfully in existence at the time of the passage of this chapter, and is properly maintained, but does not meet the regulations or requirements of this chapter, may be deemed a "legal non-conforming sign" if the owner takes the necessary action listed in this section.

   (B)   To be designated as a legal non-conforming sign, the owner of the property or business must submit to the Building or Zoning Commissioner, within 60 days of the passage of this chapter, an application for such designation. The application shall include a clear photograph of the business plainly showing all permanent sign locations, a written list detailing the current number of signs and the size of each sign at the business.

   (C)   Legal non-conforming signs shall become non-conforming signs and shall be removed when:

      (1)   The business is abandoned or closed to the public for 30 or more consecutive days;

      (2)   The sign is not properly maintained (including its structure, supports, braces, guys, anchors, illumination, and power source);

      (3)   The sign is altered in its copy or structure;

      (4)   The sign is enlarged, relocated, or replaced;

      (5)   The sign is repainted, excluding normal repainting or touch-up;

      (6)   The sign suffers more than 50% appraised damage or deterioration.

(Ord. 06-14, passed 10-3-06)

   The Building or Zoning Commissioner shall be responsible for the enforcement of the provisions of this chapter in the same manner as he enforces the building and zoning codes of the city. Failure to comply with the written order of the Building or Zoning Commissioner, or an employee of his office designated for enforcement, shall be a minor misdemeanor. Each day of violation of the written order shall constitute a separate punishable offense.

(Ord. 06-14, passed 10-3-06)