Sign regulations, including provisions to control the type, design, size, location and maintenance of signs, are hereby established to achieve the following purposes:

   (a)   To enable the public to locate goods, services and facilities without difficulty or confusion;

   (b)   To protect property values, public investment and overall neighborhood character by preventing conditions which have undesirable impacts on surrounding properties;

   (c)   To promote the development of attractive and harmonious residential districts, viable commercial districts and approximately identified industrial uses;

   (d)   To provide a safe environment through the regulation of private signs and lighting which may distract attention from or obstruct the visibility of traffic information devices; and

   (e)   To protect scenic views and the visual environment along city streets and limited access highways;

   (f)   To improve the aesthetic appearance of exterior walls of buildings in a manner consistent with a district’s role as a lively civic center and a vibrant hub for business and consumer trade and commercial activity and without materially changing significant and distinct architectural or historical features of such buildings.

(Ord. No. 1282-06. Passed 11-27-06, eff. 1-6-07)

   Signs shall be designed, erected, altered, moved, displayed and maintained in accordance with the regulations set forth in this chapter. The provisions of this chapter shall not amend or in any way interfere with the other codes, rules or regulations governing traffic signs within the City.

(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)

   As used in this chapter, the terms listed below shall be interpreted according to the following definitions:

   (a)   Sign. Any device, structure, fixture, painting or visual image designed to be seen from an outdoor location and using graphics, symbols, letters or numbers for the purpose of conveying a message or advertising or identifying any establishment, product, goods or service. (A searchlight is not classified as a sign).

   (b)   Sign Panel. A structural object or portion of a structural object designed to form a distinct background area or frame for the display of a sign’s information – including all non-opaque surface area of an internally illuminated canopy or wall panel displaying signage.

   (c)   Unit of a Building. A space occupying a portion of the ground floor of a building, containing an entrance from the building exterior, and separated from other such spaces by a party wall or walls.

   (d)   Freeway. A limited-access or controlled- access public highway characterized by entrance and exit ramps and an absence of traffic signals and stop signs along the main roadway.

   (e)   Signs by Use Type. For the purpose of identifying permitted signs, all signs are classified by use type and defined as follows:

      (1)   Billboard. A sign directing attention to a specific business, product, service, entertainment activity or other commercial activity sold, offered or conducted elsewhere than upon the lot on which the sign is located.

      (2)   Bulletin Board. A sign for the display of announcements of a public or semi-public institution and located on the grounds of that institution.

      (3)   Business Sign. An “identification sign” (as defined below) which also may display such detailed information about the operation of a business as brand names of goods or services offered on the premises, prices or special “sale” information, forms of payment accepted, hours of operation, telephone number or other similar information.

      (4)   Development Sign. A temporary sign announcing a development to be located on the subject property and identifying firms or individuals participating in the development process.

      (5)   Directional Sign. A sign indicating a direction or a location to which pedestrian or vehicular traffic is requested to move.

      (6)   Identification Sign. A sign identifying or naming a building, business, institution, residential development or other use and displaying such other information as the owner, manager and address of the use or building.

      (7)   Information Sign. A sign which presents miscellaneous information or instructions intended to serve the public rather than to promote a business, product or issue and not containing information included in the definition of any other sign.

      (8)   Nameplate. A sign indicating the name, address and/or profession of a person or persons occupying a residence.

      (9)   Political Sign. A temporary sign advocating action on a public issue, indicating a candidate for public office, or expressing an opinion or belief.

      (10)   Real Estate Sign. A temporary sign promoting the rental, sale or lease of property.

      (11)   Temporary Sign. A sign announcing special events or sales, the sale or rental of property, political positions or other matters and intended for use for a limited period of time.

      (12)   Wall Mural. A sign that displays high resolution static or electronic graphic or photographic images, including decorative art and art used in commerce, placed on an unsightly wall of a building, or unsightly roof surface generally parallel to the building wall surface. A wall mural may display words in accordance with Section 350.161 and otherwise shall comply with Section 350.161. A wall mural may depict or direct attention to a specific business, product, service, entertainment activity, or other activity. Wall murals shall not be deemed billboards or wall signs for purposes of Chapters 350 and 341 of this Zoning Code and Chapters 161, 303, 3113, and 317 of the Codified Ordinances.

   (f)   Signs by Structural Type. For the purpose of identifying permitted signs, all signs and particular related objects are classified by structural type and defined as follows:

      (1)   Banner. A temporary sign of lightweight fabric or similar material that is mounted to a pole or a building (excluding flags and pennants as defined herein).

      (2)   Changeable Copy Sign (Automatic). A sign or portion thereof on which the copy changes automatically or animation is displayed through electrical or electronic means (e.g., time and temperature units and message centers).

      (3)   Changeable Copy Sign (Manual). A sign or portion thereof on which copy is changed manually through placement of letters or symbols on a sign panel.

      (4)   Canopy Sign. A sign attached to or printed on the fascia or valence of a canopy, awning or marquee or hanging from the soffit (underside) of such structure.

      (5)   Flag. An object, typically of lightweight fabric material, used as a symbol of a government, political entity or nationality group.

      (6)   Flashing Sign. A sign illuminated by intermittent light in a manner designed to attract attention.

      (7)   Free-Standing Sign. A sign which is not attached to a building and which is either attached directly to the ground, placed directly on the ground, displayed on a natural or man-made object (other than a building), or elevated on a pole or other supporting structure attached to the ground.

      (8)   Pennant. An object or sign of lightweight fabric or similar material, suspended from a rope, wire or string, usually in series, and designed to move in the wind, also including streamers, pinwheels, balloons and similar small objects.

      (9)   Portable (Mobile) Sign. A temporary sign which is designed to be moved and is not permanently attached to any part of a building or to the ground.

      (10)   Projecting Sign. A sign erected on the outside wall of a building and projecting out at an angle therefrom.

      (11)   Roof Sign. A sign created upon and completely over the roof of any building.

      (12)   Wall Sign. A sign attached to or displayed or painted on an exterior wall in a manner parallel with the wall surface and not projecting more than sixteen (16) inches from such surface. (A sign mounted on a roof surface which is generally parallel to the wall surface shall also be considered a “wall sign.”)

      (13)   Window Sign. A sign painted on, attached to, or suspended directly behind or in front of a window or the glass portion of a door.

(Ord. No. 1282-06. Passed 11-27-06, eff. 1-6-07)

   Application for permits to erect, structurally alter, move or display a sign shall be made to the Department of Building and Housing by the owner (or owner’s agent) of the property for which a sign is proposed, on forms provided by the City, in accordance with the following regulations:

   (a)   Exemptions from Permit Requirement. City permits shall be required for all permanent and temporary signs except as listed below:

      (1)   Normal maintenance, repainting or change of message or sign face which does not alter the size, placement or structure of a sign, except for on-premises signs located in a Design Review District, a Landmark District or on a designated Landmark property, for which a permit shall be required for such repainting or change of sign face;

      (2)   Nameplates and information signs for residential uses;

      (3)   Temporary window signs mounted on the inside window surface;

      (4)   Temporary real estate and development signs not exceeding forty-eight (48) square feet in area;

      (5)   Political signs not exceeding forty-eight (48) square feet in area;

      (6)   Garage sale and real estate open house signs as regulated in division (c) of Section 350.13.

   (b)   Applicability. Regardless of exemptions from the requirement for a permit, all permanent and temporary signs shall be subject to applicable regulations of this Code except for signs listed in Section 350.21.

   (c)   Submission Requirements. With the exception of any requirements determined to be inapplicable in a particular instance by the Director of Building and Housing, the applicant shall submit accurately-scaled elevation drawings and a site plan at a minimum scale of one (1) inch - fifty (50) feet, indicating, in narrative or plan form, the following information:

      (1)   All sign dimensions and sign height;

      (2)   Placement of signs in relation to building edges, roof lines, tenant party walls, windows, doors and other building features as well as in relation to all lot lines, street lines, sidewalks and drives;

      (3)   Construction materials for the signs and sign structure, as well as method of attachment; and

      (4)   Type, intensity, placement and shielding of illumination.

   (d)   Billboards. For billboard applications requiring approval by the State of Ohio, no permit shall be issued by the City prior to submission by the applicant of the approved State permit. In addition, an application for a billboard shall indicate all existing billboards located within a distance of one thousand (1,000) feet or, for a billboard to be placed along a freeway, all existing billboards within a distance of two thousand (2,000) feet. Any application for placement of a billboard along a freeway shall include the name, address and phone number of the company that owns the billboard, including the owners of said company, the name of the company that owns the land where the billboard is located and the name and phone number of a contact person responsible for maintenance of the sign and its site. This information shall be updated and sent to the Clerk of Council by January 31 and July 31 of every year.

   (e)   Temporary Signs. Where required, a permit for a temporary sign shall be issued for a period not exceeding six (6) months unless another display period is specified in Section 350.12 or in other applicable sections of the Codified Ordinances. Permits for real estate and development signs shall be issued for a period not exceeding one (1) year but may be renewed while construction or marketing is pursued diligently. Development signs shall be removed immediately upon placement of a permanent identification sign.

(Ord. No. 846-12. Passed 9-23-13, eff. 9-27-13)

   Sign face area, sign height and sign location, as regulated in this chapter, shall be measured according to the following standards:

   (a)   Sign Face Area. Standards to compute the amount of sign face area permitted by these regulations are established as follows:

      (1)   Measurement of Sign Face Area.

         A.   Panel Signs. Sign face area shall be measured to include the entire surface of the smallest single rectangle enclosing the sign panel. For double- sided projecting or free-standing signs, only one (1) side of the panel shall be included in the measurement if the two (2) sign faces are in parallel arrangement and are separated by no more than three (3) feet. Measurement of a “V-shaped” temporary sign shall also include only one (1) of the two (2) sign faces.

         B.   Non-Panel Signs. Sign face area shall be measured to include the entire area within a single, continuous perimeter composed of not more than three (3) rectangles which enclose the letters or characters of a sign.

      (2)   Measurement of Building and Lot Frontage. The frontage of a building shall be the width of the facade(s) of the building (excluding any roof overhang or non-bearing decorative walls) which faces the principal street or contains the main entrance. If a building is divided into units, the building unit frontage shall be the width of that unit, as measured from the party wall center-lines, on the frontage of the building. The frontage of a lot shall be the width of the lot along the principal street serving a use located on the lot.

      (3)   Measurement of Temporary Window Sign Coverage. In determining the percentage of window area covered by temporary signs (as defined in divisions (e)(11) and (f)(13) of Section 350.03), each facade or side of the building shall be considered separately. Window area shall be measured to include all windows and the glass portions of doors but shall exclude all such area covered by permanent signs or other opaque material.

   (b)   Sign Height. The height of free-standing signs shall be measured from the base of the sign at its point of attachment to the ground to its topmost element. However, if the support of a free-standing sign is attached to a wall or other man-made base, including a graded earth mound, the sign height shall be measured from the grade of the nearest street, drive or parking area, as determined by the Building Commissioner.

   (c)   Sign Location. In determining the location of signs in relation to lot lines (including setback, district and street right-of-way lines), distances shall be measured from the vertical projection of the lot line to the closest point on the sign. For corner lots, two (2) lot lines shall be considered street right-of-way lines.

(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)

   The following types of signs are prohibited in all zoning districts:

   (a)   Strips of pennants, propellers, pinwheels, streamers, balloons and similar small objects except as temporary displays specifically authorized for carnivals and open-air festivals under Section 329.07 and for new businesses under division (c) of Section 350.20;

   (b)   Signs imitating or resembling official traffic or government signs and signals;

   (c)   Signs attached to trees, rocks or natural formations or public property including but not limited to utility poles, benches, trash containers and parking meters, except as specifically authorized by the City;

   (d)   Moving, revolving or flashing signs except as provided in Section 350.10(1)(5), Section 350.16, and Section 350.161 governing wall murals;

   (e)   Signs attached to any condemned structure, as defined in Section 363.29 or any structure condemned or declared a nuisance structure pursuant to Section 3103.09.

(Ord. No. 1282-06. Passed 11-27-06, eff. 1-6-07)

   Signs may be illuminated only in accordance with the following regulations:

   (a)   Controls. Sign illumination shall be designed and placed so as not to cause glare which may result in traffic hazards or which may interfere with the customary use of nearby residences.

   (b)   Prohibitions. Flashing or intermittent illumination shall not be permitted except as provided in Section 350.10(1)(5), Section 350.16, and Section 350.161 governing wall murals using electronic media.

   (c)   Districts. In Residential Districts, only nameplates and bulletin boards may be illuminated. All signs in non-residential districts may be illuminated.

   (d)   Electronic Message Centers. Signs displaying electronically-changing or animated messages (as defined in division (f)(2) of Section 350.03) are permitted as specified in the “schedules” referenced in division (b) of Section 350.14 and division (b) of Section 350.15 and as permitted in Section 350.161 governing wall murals.

(Ord. No. 1282-06. Passed 11-27-06, eff. 1-6-07)

   The following regulations regarding the location and placement of signs are generally applicable to all zoning districts:

   (a)   Vertical Clearance. The lowest element of any sign which occupies the vertical space above a pedestrian or vehicular way and is designed to permit traffic thereunder shall be at least ten (10) feet above the finished grade of a sidewalk or other pedestrian way and at least sixteen (16) feet above the finished grade of a pavement used for vehicular traffic if such sign is located within eighteen (18) inches of the vertical projection of the pavement edge. Awnings or canopies displaying signs shall meet the clearance standards of Chapter 3113 of the Building Code.

   (b)   Visibility at Intersections. Signs shall be located and designed so as to maintain a substantially clear view between two and one-half (2.5) feet and eight (8) feet above grade in a triangle formed by intersecting street right-of-way lines and a line thirty (30) feet from the point where the street lines intersect. At the intersection of a driveway and a public street, such triangle shall be defined by the street right-of-way line, the driveway pavement edge and a line ten (10) feet from the point of intersection.

   (c)   Relation to Specific or Setback Building Lines. A free-standing identification or business sign located in front of a “Specific or Setback Building Line” or in a front yard area shall be set within a curbed, planted island or area a minimum of one hundred (100) square feet in area. (See also divisions 350.13(b), 350.14(c) and 350.15(c)).

   (d)   Relation to Traffic Devices. Unless regulated otherwise in the Traffic Code of the City, signs shall not be erected so as to obstruct sight lines along any public way or so as to obstruct sight lines to traffic control lights, street name signs at intersections or signals at railroad grade crossings. Signs visible from the sight lines along a street shall not contain symbols or words such as “stop”, “go”, “slow”, etc., or red, yellow or green lights that resemble highway traffic control devices.

   (e)   Projecting Signs. A projecting sign shall not extend above the wall to which it is attached, shall extend horizontally no more than four (4) feet from the wall surface, shall not extend closer than two (2) feet to a curb, and shall not be located within four (4) feet of an interior side lot line or party wall. The two (2) sign faces of a projecting sign shall be separated by no more than two (2) feet.

   (f)   Wall Signs. A wall sign shall not extend above the wall to which it is attached, and such sign shall be set back from the ends of the building or party wall lines a minimum distance of six (6) inches. A wall sign mounted on a vertically-oriented roof surface (as defined in division (f)(12) of Section 350.03) shall not extend above the top of such surface.

   (g)   Canopy Signs. A sign which is attached to the fascia of a canopy shall not extend beyond the edges of that surface.

   (h)   Roof Signs. A roof sign shall be set back from the ends of the building or party wall lines a minimum distance of two (2) feet.

(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)

   In order to provide information to the highway traveler, a retail business located in proximity to a freeway interchange shall be permitted one (1) additional free-standing identification sign in accordance with the following regulations:

   (a)   Distance from Interchange. The use to which the sign refers shall be located within six hundred sixty (660) feet (one-eighth (1/8) mile) of the nearest freeway exit ramp, measured from the intersection of the center lines of the exit ramp and the public street to the nearest property line of the use.

   (b)   Height. The height of such sign shall not exceed eighty (80) feet above grade level at the base of the sign structure.

   (c)   Size. Sign face area shall not exceed two hundred and twenty-five (225) square feet and shall be permitted in addition to sign face area otherwise permitted for the property.

   (d)   Sign Location. Signs shall be located on the business premises and shall be set back a minimum of five (5) feet from the freeway right-of-way, ten (10) feet from other street right-of-way lines, twenty-five (25) feet from interior lot lines and fifty (50) feet from Residential District lines. Such sign shall be oriented for readability principally from the freeway.

   (e)   Retail Business. For purposes of this section “retail businesses” shall include all non-residential uses permitted in the General Retail zoning district.

(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)

   Billboards, as defined in division (e)(1) of Section 350.03, shall be permitted only in accordance with the following regulations and other applicable regulations of this chapter:

   (a)   Zoning Districts. Billboards shall be permitted only in General Industry and Unrestricted Industry Districts, except that billboards directed at any angle toward a freeway may be permitted in Semi- Industry Districts. Billboards shall not be permitted in Cleveland Landmark Districts, Public Land Protective Districts. Business Revitalization Districts or on the opposite side of any street bordering such districts. No billboards shall be permitted on the cast side of State Route 176 (the Jennings Freeway) and only one (1) billboard shall be permitted on the west side of State Route 176 (the Jennings Freeway).

   (b)   Sign Types. Billboards shall be permitted as either free-standing or wall signs, unless otherwise restricted in these Codified Ordinances. In General Industry and Unrestricted Industry districts, billboards shall also be permitted as roof signs not exceeding permitted building height and meeting the standards of division (h) of Section 350.08.

   (c)   Size. Billboard sign panels shall not exceed eight hundred and twenty (820) square feet in area and shall be further limited in size by the setback regulations in divisions (g) and (h) of this section. For purposes of determining required setbacks, the measurement of sign panel area shall exclude “extensions” projecting beyond the otherwise rectangular or standard geometric panel dimensions, provided that these extensions do not exceed twenty- one percent (21%) of such standard panel area.

   (d)   Height. The maximum height of a billboard above the roadway surface to which it is oriented shall be fifty (50) feet. However, in no case shall the height of the billboard as measured from the grade of the lot on which it is placed exceed the maximum permitted height for main buildings.

   (e)   Spacing. Along freeways, the minimum distance between billboards located on one (1) side of the road shall be fourteen hundred (1,400) feet. Along freeways, the minimum distance between billboards located on opposite sides of the road and visible to approaching traffic shall have a minimum spacing of five hundred (500) feet. Along other roads, such distance shall be seven hundred fifty (750) feet between two (2) billboards which are each less than one hundred (100) square feet in area and shall be one thousand (1,000) feet in all other instances. Except for double-sided (“back-to-back”) billboard panels, not more than one (1) billboard panel may be located on a single structure.

   (f)   Distance from Street Lines. Billboards shall be located behind the required building setback lines of the lots on which they are located. In addition, billboards shall be located a minimum distance of twenty-five (25) feet measured in any direction from the point of intersection of the right-of-way lines of two (2) intersecting streets.

   (g)   Distance from Zoning District Lines. Billboards located along streets other than freeways shall be set back at least two hundred (200) feet from Residential, Local Retail and General Retail District lines. For such billboard panels exceeding three hundred eighty (380) square feet in area, all minimum setbacks from zoning district lines shall be increased one (1) foot for each one (1) additional square foot of sign panel area. Billboards along freeways shall be set back at least fifty (50) feet from Residential, Local Retail, and General Retail District lines.

   (h)   Distance from Bridges Not on Freeways and from Parkways. A billboard directed at any angle toward a bridge, not on a freeway or toward a bridge not on a freeway or toward a parkway shall be set back from the outer pavement edge a minimum of one (1) foot for each one (1) square foot of sign panel area. However, the minimum such setback shall be three hundred thirty (330) feet. Furthermore, as required by State regulations, no billboard may be located within five hundred (500) feet of the interchange of a freeway, as measured along the right edge of the main traveled roadway in the direction of travel from the beginning or ending of pavement widening at the exit or entrance to the freeway.

   (i)   Distance from Freeways. A billboard directed at any angle toward a freeway shall be located outside of the freeway right-of-way, but in no case closer than fifty (50) feet from the freeway pavement edge.

   (j)   Illumination. Billboards shall be illuminated only by means of continuous reflected light. Internally- illuminated or back-lit billboards shall not be permitted. Billboards shall not include automatic changeable copy signs (i.e., electronic message centers) as defined in division (f)(2) of Section 350.03.

   (k)   Referral to City Planning Department. Any Building Permit application for installation of a new billboard shall be referred to the Director of the City Planning Department for a determination of compliance with the location, spacing and setback regulations of this section. In making this determination, the Director and staff of the Department shall utilize a map maintained by the Department showing locations of existing billboards, zoning districts and other information necessary to make such determination.

   (l)   Nonconforming Billboards. Notwithstanding the provisions of Section 350.19, a legal nonconforming billboard may be replaced or may be reconstructed to an extent greater than otherwise permitted if the City Planning Commission determines that such replacement or reconstruction will satisfy the following conditions:

      (1)   Site and Design Improvements. The site of the new or reconstructed billboard shall be landscaped and otherwise improved, through use of an ornamental base or frame, a streamlined support structure, or similar features effective in improving the appearance of the site. At a minimum, evergreen shrubs, at least three (3) feet in height at the time of planting and four (4) feet in height after two (2) growing seasons, shall be planted at maximum intervals of four (4) feet along any side of the base of the billboard oriented toward a public street. Such planting shall extend at least the full width of the billboard panel. In addition, all portions of the parcel(s) of land on which the billboard site is located shall be planted with grass or other suitable vegetative ground cover between the billboard and all public streets abutting the parcel(s).

      (2)   Degree of Nonconformity. The new or reconstructed billboard shall be no greater in size, height, number of panels, or any panel dimension than is the existing billboard, nor shall the new or reconstructed billboard be less conforming to any zoning regulation than is the existing billboard, except that a panel or sign face may be added to the back of a billboard where previously there had been no panel or sign face.

      (3)   Location. The new or reconstructed billboard shall be placed in precisely the same location as the existing billboard unless the City Planning Commission determines that a different location on the same parcel of land would be more effective in meeting the intent of the sign regulations, as stated in Section 350.01.

      (4)   Sign Type. With respect to the “sign types” defined in division (f) of Section 350.03, the new or reconstructed billboard shall be the same type as the existing billboard unless the City Planning Commission determines that a different sign type would be more compatible with the subject property or nearby properties.

      (5)   Changeable Copy. The new or reconstructed billboard may incorporate automatic changeable copy only if such copy is limited to a single billboard panel or two (2) back-to-back billboard panels and only if each such panel replaces two (2) or more billboard panels on a single parcel of property or two (2) or more billboard panels on adjacent properties. The replacement billboard panel shall not be larger than any of the billboard panels it is replacing. In the case of a sign utilizing changeable copy, each message shall remain fixed for at least eight (8) seconds.

(Ord. No. 1233-15. Passed 11-9-15, eff. 11-11-15)

   Political signs, as defined in division (e)(9) of Section 350.03, shall be permitted in addition to otherwise permitted signs and sign area and only in accordance with the following regulations and other applicable regulations of this chapter:

   (a)   Location. Political signs shall not be placed on any public property, public right-of-way, utility pole, bridge or bridge abutment. The location of political signs on private property is further prescribed in this chapter by the regulations for each zoning district.

   (b)   Number and Area. The maximum size of any political sign shall be eight (8) square feet if located in a Residential District and sixty-four (64) square feet if located in a non-residential district. In no case shall the total area of all free-standing political signs on a lot exceed sixty-four (64) square feet, except for a lot on which billboards are permitted. In such a case, political signs may be displayed in accordance with the regulations for billboards in Section 350.10.

   (c)   Substitution. In addition to the specifically authorized political signs, political messages may be displayed in place of commercial messages on any permitted billboard or other permitted permanent sign.

(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)

   Temporary signs, as defined in division (e)(11) of Section 350.03, shall be permitted in addition to otherwise permitted signs and sign area in accordance with the following regulations and other applicable regulations of the Building Code and other City ordinances.

   (a)   Banners. The area of all banners displayed for a business or other non-residential use shall be limited to twenty-five percent (25%) of the permitted permanent sign area. Each business or use shall display banners for no more than four (4) months during any calendar year. Banners shall be displayed only as wall, window, canopy or projecting signs in accordance with the applicable regulations pertaining to each sign type. (NOTE: Regulations of this chapter do not apply to banners displayed in the public right-of-way).

   (b)   Portable Signs. Portable signs shall be permitted only for community facility uses as listed in division (a) of Section 337.01 of the Zoning Code and for businesses located in Retail or Industrial Districts, and shall be displayed for no more than one (1) period of not more than thirty (30) consecutive days per calendar year. Portable signs shall be limited to one (1) per lot, forty (40) square feet in sign face area, and six (6) feet in height. Such sign shall be set back a minimum of one (1) foot from the street right-of-way lines and twenty (20) feet from side lot lines.

   (c)   Inflatable Signs. An inflatable sign shall be displayed no more than fourteen (14) days during a calendar year on any lot in a General Retail, Shopping Center or Industrial District. Inflatable signs shall be permitted in no other circumstances. Inflatable signs shall be limited to one (1) per lot, forty (40) feet in any dimension, and for display as either a free-standing or roof sign. The height of such sign above ground level shall not exceed permitted building height by more than twenty (20) feet.

   (d)   Window Signs. Temporary window signs, as permitted in Retail and Industrial Districts, shall cover no more than twenty-five percent (25%) of window area, as defined in division (a)(3) of Section 350.05.

   (e)   Pennants. The display of strings of pennants streamers, pinwheels, balloons and similar objects, as defined in division (f)(8) of Section 350.03, shall be prohibited except as permitted for carnivals and open- air festivals in accordance with the regulations of Section 329.07 and for new businesses under division (c) of Section 350.20.

   (f)   Other Temporary Signs. Real estate, development and political signs and signs for new businesses shall be permitted as temporary signs in accordance with other regulations of this chapter.

   (g)   Illumination. Temporary signs shall be illuminated only in accordance with the regulations of Section 350.07.

   (h)   Carnivals and Festivals. Notwithstanding the regulations of this chapter, temporary signs may be permitted for carnivals and open-air festivals in accordance with the regulations of Section 329.07.

   (i)   Safety Standards. Temporary signs shall meet regulations of the Building Code, National Electrical Code and other applicable codes.

   (j)   Nonconforming Temporary Signs. See division (d) of Section 350.19.

(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)

   Notwithstanding any other provision of this Chapter, window signage regardless of use type, in all zoning districts except for Residential and Residence-Office Districts, shall cover no more than twenty-five percent (25%) of window area. In determining the percentage of window area covered, each facade or side of the building shall be considered separately. Window area shall be measured to include all windows and the glass portions of doors, and it shall include all area covered regardless of material, including by temporary signs or permanent signs. Any material that covers window area and that has empty or transparent portions shall be measured as an entire material, including those empty or transparent portions.

(Ord. No. 189-2025. Passed 4-14-25, eff. 4-16-25)

   Signs in Residential Districts and Residence- Office Districts, as well as signs for community facility uses permitted in these districts, shall be permitted as regulated below:

   (a)   Permitted Types, Number, Area and Height (Residential). Signs by use and structural type are permitted only in accordance with regulations presented in the schedule of Permitted Types, Number, Area and Height (Residential). Sign types not listed are prohibited except for political signs which are permitted as regulated in Section 350.11. Automatic changeable copy signs are prohibited in all Residence Districts. (All signs are permanent unless listed as temporary).

   Schedule of Permitted Types, Number, Area, & Height

 

   (b)   Location (Residential). Signs as permitted for residential and community facility uses shall conform with the location regulations presented in the Schedule of Location Regulations (Residential) in addition to the regulations of Section 350.08.

   Schedule of Location Regulations (Residential)

 

 

   (c)   Garage Sale and Open House Sign Regulations. Signs directing attention to a real estate open house or a sale of household items from a garage or house shall be permitted for one (1) and two (2) family dwellings and townhouses (rowhouses) in accordance with the following regulations:

      (1)   Maximum Number of Signs: One (1) per lot or townhouse unit;

      (2)   Permitted Sign Types: Window or free- standing;

      (3)   Maximum Sign Area: Four (4) square feet per sign;

      (4)   Maximum Height: Four (4) feet for free- standing signs;

      (5)   Location: Five (5) feet minimum setback from every lot line;

      (6)   Display Period: No more than three (3) four (4) day periods per year.

   (d)   Temporary Directional Signs. Signs directing attention to a real estate open house, garage sale or house auction, for a single-family, two (2) family or townhouse unit, may be displayed as free-standing signs on “tree lawn” areas in accordance with the following regulations:

      (1)   Maximum Number of Signs: Four (4) per event, with no more than two (2) per block for any single event;

      (2)   Maximum Sign Area: Two (2) square feet per sign;

      (3)   Maximum Heights: Three (3) feet;

      (4)   Location: At least one (1) foot from curbs and sidewalks and only on corner lots or at street intersections;

      (5)   Display Period: Only on the days of the event and not more than three (3) three (3) day periods per year for garage sales and house auctions and not more than two (2) days per week for open house events;

      (6)   Consent: Temporary directional signs shall be displayed only with the consent of the owner of the property that immediately adjoins the tree lawn on which the sign is to be placed.

   (e)   Signs or Accessory Business Uses. In any Multi-Family Residential District, a business or home occupation permitted as an accessory use may be identified by means of a permitted nameplate sign. Such sign may be displayed as either a wall or window sign not exceeding two (2) square feet in area and illuminated, if at all, by reflected light from a light source which is not visible from beyond the subject lot. No such signs, however, shall be permitted in an One- Family or Two-Family Residential District.

   (f)   Office Buildings. Signs for office buildings in Residence-Office Districts shall be permitted in accordance with the regulations for retail uses as provided in Section 350.14.

   (g)   Community Facility Uses. A variance shall be required and may be granted for Identification or Bulletin Board signs using electronically changeable copy to display information pertinent to a Community Facility use on the premises of such Community Facility use only if the Board of Zoning Appeals determines that the sign will provide community information without adversely affecting the character of nearby residential properties, in accordance with the following provisions.

      (1)   Community Facility Uses, for purposes of these provisions, shall include schools, places of worship, libraries, museums, hospitals, municipal recreation centers, parks, playgrounds, police stations, fire stations and other principal uses determined to be similar uses by the Board of Zoning Appeals.

      (2)   Information displayed on the sign shall be limited to information that pertains to the community facility use on which property the sign is located. Each display of information shall remain static or fixed for a minimum of twenty (20) seconds, thereby prohibiting flashing, scrolling, animated or other copy that gives the appearance of motion.

      (3)   The sign using electronically changeable copy shall be either a wall sign or a freestanding sign or portion of such sign and shall be a maximum of thirty (30) square feet in area.

      (4)   The placement and design of the sign using electronically changeable copy shall be approved by the City Planning Commission and Landmarks Commission, as applicable, in accordance with the design review guidelines established in this Zoning Code for signs and, specifically, with the intent of ensuring compatibility with the character of nearby residential properties.

      (5)   The Board of Zoning Appeals may approve a sign that varies from these provisions if both the Board and the City Planning Commission or Landmarks Commission, as applicable, determine that the sign will meet a community need without adversely impacting the character of nearby residential properties.

(Ord. No. 934-10. Passed 5-16-11, eff. 5-20-11)

   Signs for uses in University Retail, Local Retail, General Retail and Shopping Center Districts shall be permitted as regulated below:

   (a)   Maximum Sign Face Area (Retail). The maximum sign face area of all permanent building- mounted signs for each building or unit thereof shall be related to the width of the building or unit. (For lots without buildings or with unusually small buildings, see division (d) of Section 350.20.) Maximum sign face area, excluding the area of free-standing signs, shall be determined according to the measurement standards of Section 350.05 and the following formula where “W” is the width of frontage (in feet) of the building or unit thereof: (W × 1.5) + 25 = Square Feet of Signage.

   (b)   Permitted Types, Number, Area and Height (Retail). Signs by use and structural type are permitted only in accordance with the regulations presented in the schedule of Permitted Types, Number, Area and Height (Retail). Sign types not listed are prohibited except for political signs which are permitted as regulated in Section 350.11. (All signs are permanent unless listed as temporary).

 

   (c)   Location (Retail). Free-standing signs as permitted for retail uses shall conform with the location regulations presented in the Schedule of Location Regulations (Retail) in addition to the regulations of Section 350.08.

 

 

   (d)   Shopping Centers. For purposes of this chapter, three (3) or more retail businesses located on a single lot and served by common parking or common vehicular entrances shall be classified as a “shopping center” and shall be permitted one (1) free-standing identification sign and one (1) wall identification sign in addition to other permitted signs and in accordance with the following regulations:

      (1)   Display of Information. Each shopping center identification sign shall display only the name of the center and the name of not more than one (1) business located within the center, except that, with approval of the council member whose ward is affected as expressed by an ordinance or resolution of Council, for any shopping center with retail floor area exceeding one hundred fifty thousand (150,000) square feet, excluding “outlots” with separate free-standing signs, such sign may display the names of not more than two (2) businesses located within the center.

      (2)   Size. The maximum sign face area of a shopping center identification sign shall equal twenty (20) square feet for each ten thousand (10,000) square feet of gross floor area but shall not exceed one hundred twenty-five (125) square feet. All shopping centers, however, shall be permitted a sign of at least fifty (50) square feet.

      (3)   Other Regulations. All other regulations of this chapter applicable to identification signs shall apply to a shopping center identification sign.

      (4)   Other Signs. A lot displaying a shopping center identification sign may display no other free- standing identification or business signs.

      (5)   Secondary Frontages and Entrances. One (1) additional shopping center identification freestanding sign and one (1) additional shopping center identification wall sign shall be permitted for a shopping center with more than one (1) vehicular entrance, provided that such signs meet the requirements of division (b) of Section 350.20.

      (6)   Outlots. If a vehicular entrance or parking lot of a shopping center also serves a use located on a separate lot (i.e., “out lot”), the free- standing identification or business sign permitted for such lot shall be limited to a maximum of twenty-five (25) square feet in area and seven (7) feet in height.

      (7)   Design Review. No sign identifying a shopping center or identifying two (2) or more businesses within a shopping center and no permanent identification sign of any type located within a designated Shopping Center District shall be erected or altered in appearance without the approval of the City Planning Commission or its Director. In considering such approval, the Commission shall seek to ensure that the signs demonstrate a high degree of graphic and architectural quality, legibility, and design compatibility with the shopping center, its signage and nearby development.

      (8)   Consolidation of Free-Standing Signs. In the case of a shopping center with more than the number of signs allowed under this chapter, which signs were legally established prior to the effective date of this ordinance, a new free-standing sign identifying two (2) or more businesses may be erected if the following conditions are met:

         A.   The new multi-tenant sign shall display the name of the shopping center and tenant names no greater in number than the tenant names currently displayed on free-standing signs in the shopping center, but in no case shall more than six (6) tenant names be displayed on such sign;

         B.   All other free-standing business identification signs on the shopping center property shall be removed prior to erection of the new sign, except that conforming signs permitted for outlots may be retained;

         C.   The sign does not exceed twelve (12) feet in height;

         D.   The council member whose ward is affected approves, as expressed by an ordinance or resolution of Council.

   (e)   Gasoline Service Stations. Signs for gasoline service stations shall conform with all regulations of this chapter except for the maximum sign area regulations of division (a) of Section 350.14 and any regulations which directly conflict with the regulations stated below:

      (1)   Free-Standing Business Sign. Each station shall be permitted one (1) permanent free- standing business signs, with total sign face area of the panel or panels not exceeding one hundred (100) square feet. Such sign shall be limited to identifying the company name, management, fuel prices, and services offered.

      (2)   Signs at Service Islands. Stations shall be permitted information signs at fuel or other service islands which display information regarding type of service or are necessary in directing or instructing the motorist who has entered the station area. Signs not extending beyond the edges of fuel pumps are permitted and shall not be counted as business identification signs.

      (3)   Wall and Canopy Signs. Each station shall be permitted permanent identifications, business, directional and information signs displayed as wall or canopy signs and not exceeding one hundred (100) square feet in combined area. Non-opaque internally- illuminated canopy surfaces (“fascia”) shall be considered as sign panels for purposes of sign area measurement.

      (4)   Temporary Signs. Temporary signs shall be permitted in accordance with the regulations of Section 350.12.

   (f)   Drive-Through Restaurants. For restaurants providing direct service to customers in motor vehicles, one (1) free-standing or wall-mounted “menu board” sign (limited to information regarding the restaurant’s menu and related instructions) shall be permitted for each drive-through lane in addition to signs and sign area otherwise permitted. Such sign shall not exceed forty (40) square feet in area and six (6) feet in height and shall meet setback regulations applicable to free- standing identification signs (as specified in division (c) of this section).

   (g)   Regulations for Larger Projecting Signs. A projecting sign may exceed the otherwise maximum permitted size of twelve (12) square feet and the otherwise maximum permitted projection of four (4) feet from a building wall if such sign meets the following standards:

      (1)   Such sign shall be set back from the closest interior side lot line and the closest tenant party wall line at least one (1) foot for each one (1) square foot of sign area;

      (2)   Such sign shall in no case exceed thirty- six (36) square feet in area nor eight (8) feet in projection from the building wall and shall be set back at least two (2) feet from the outer edge of any street curb;

      (3)   No Building Permit shall be issued for such sign without approval of the City Planning Commission, which shall consider the design quality of the sign and its compatibility with the design character of the subject property and surrounding properties. In addition to considering such general design factors as placement, proportions, color, materials, and consistency with signs to be seen as a series, the City Planning Commission may specifically require use of non-rectangular, custom-shaped panels, exposed neon or reflected lighting, unobtrusive support structures, narrow-profile sign cabinets, or other design features necessary to ensure that a larger projecting sign will enhance the appearance of the building on which it is placed and the district in which it is located;

      (4)   At least five (5) working days prior to the City Planning Commission meeting at which approval under the regulations of this division will be considered, written notice shall be provided to the City Council member in whose ward the proposed sign is to be located.

   (h)   Automatic Changeable Copy Signs in Local Retail Districts. Automatic changeable copy signs shall be permitted in a Local Retail District only if the Board of Zoning Appeals grants a Variance in accordance with the following standards.

      (1)   The Board of Zoning Appeals determines that the proposed sign will not adversely impact the character of nearby properties and will not cause disturbances to users of those properties.

      (2)   The design and placement of the sign has been approved by the City Planning Commission or Landmarks Commission, as applicable, in accordance with the general design guidelines established for use by each Commission.

      (3)   Each display of information shall remain static or fixed for a minimum of twenty (20) seconds, thereby prohibiting flashing, scrolling, animated or other copy that gives the appearance of motion, unless the City Planning Commission or Landmarks Commission, as applicable, determines that animated or more frequently changing displays can be accommodated in a particular location without causing disturbances to nearby properties.

   (i)   Supplemental Regulations. Signs in Retail Districts shall also conform to regulations of Section 350.20.

(Ord. No. 934-10. Passed 5-16-11, eff. 5-20-11)

   Signs for uses in Residence-Industry, Semi- Industry, General Industry and Unrestricted Industry Districts shall be permitted as regulated below:

   (a)   Maximum Sign Face Area (Industrial). The maximum sign face area of all building-mounted permanent signs for each building or unit thereof shall be related to the width of the building or unit. (For lots without buildings or with unusually small buildings, see division (d) of Section 350.20). Maximum sign face area, excluding the area of free-standing signs, shall be determined according to the measurement standards of Section 350.05 and the following formula where “W” is the width of frontage (in feet) of the building or unit thereof: (W × 1.5) + 25 = Square Feet of Signage.

   (b)   Permitted Types, Number, Area and Height (Industrial). Signs by use and structural type are permitted only in accordance with the regulations presented in the Schedule of Permitted Types, Number, Area and Height (Industrial). Sign types not listed are prohibited except for billboards and political signs which are permitted as regulated in Sections 350.10 and 350.11 respectively. (All signs are permanent unless listed as temporary).

   Schedule of Permitted Types, Number, Area, & Height

 

   (c)   Location (Industrial). Free-standing signs as permitted for Industrial Districts shall conform to the location regulations presented in the Schedule of Location Regulations (Industrial) in addition to the regulations of Section 350.08.

   Schedule of Location Regulations (Industrial)

 

 

   (d)   Industrial Parks. In addition to signs otherwise permitted, a free-standing industrial park identification sign shall be permitted for a unified development of three (3) or more industrial firms and buildings served by a common local access road. Such sign shall conform to the following regulations:

      (1)   Permitted Information: Name and address of the industrial park and names of firms located in the park;

      (2)   Maximum Number: One (1) for each street frontage containing a vehicular entrance to the industrial park;

      (3)   Maximum Sign Face Area: Sixty (60) square feet plus an additional twenty (20) square feet for each additional tenant above three (3), to a maximum of one hundred twenty (120) square feet;

      (4)   Maximum Height: Twelve (12) feet;

      (5)   Location. Such sign shall be located at a vehicular entrance to the industrial park and shall conform to the location regulations for other identification or business signs stated in division (c) above. If, however, an industrial park identification sign is displayed, no other free-standing identification or business sign in the development shall be located within fifty (50) feet of the industrial park identification sign.

   (e)   Supplemental Regulations. Signs in Industrial Districts shall also conform to regulations of Section 350.20.

(Ord. No. 934-10. Passed 5-16-11, eff. 5-20-11)

   For permit applications within Landmark Districts, Public Land Protective Districts or Business Revitalization Districts, the Landmarks Commission or City Planning Commission, as applicable, may authorize the Commissioner of Building and Housing to issue a permit which requires adherence to standards which are either less strict or more strict than the standards otherwise required by this chapter, if such action by the applicable Commission is in accordance with the following standards:

   (a)   Design Compatibility. Regulations of this chapter may be varied only if such variation will result in signage which is better suited to the design of the subject property or nearby properties of architectural or historic significance.

   (b)   Design Guidelines. Any variation from the regulations of this chapter shall be approved only in accordance with applicable design guidelines adopted by City Council or adopted by the applicable Commission pursuant to an ordinance of City Council.

   (c)   Minimum Variation. Any variation from the regulations of this chapter shall be the minimum necessary to ensure design compatibility.

   (d)   Written Record. In the record of its proceedings, the applicable Commission shall specifically identify any regulation of this chapter which is not met by an approved application and shall explain the necessity for granting such variation from the regulations.

   (e)   Final Action. An application which fails to meet any regulation of this chapter shall be approved only by direct action of the applicable Commission. The administrative approval provision of division (f) of Section 303.07 shall not be applicable in such cases.

(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)

   (a)   Districts Where Permitted. Wall murals shall be permitted within the Central Business District and the portion of the Flats-Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River. Within those districts, wall murals may be permitted in any community development plan area public land protective district, land mark district, business revitalization district, urban renewal district, and any overlay district subject to the provisions of this section. Notwithstanding the provisions of Chapters 161, 303, 317, and 341 of the Codified Ordinances, this section shall constitute design and all other guidelines and requirements for all wall murals located within all community development plan areas, public land protective districts, landmark districts, business revitalization districts, urban renewal districts, and every overlay district within the Central Business District as well as any other area and district in which wall murals may be authorized.

   (b)   Definitions.

      (1)   As used in this section “agency or official of the City” means Mayor, director, commissioner, commission, board, bureau, department, advisory committee, or any other body or official exercising the powers vested by Section 67 of the Charter or to whom such powers have been delegated.

      (2)   As used in this section, “architectural” means a style of building recognized in the art and science of architecture as characterized by peculiarities of structure, ornamentation, or motif.

      (3)   As used in this section, “the display” means the displayed images and words together with the art or pictorial background on which the images and words appear, excluding any nameplate that identifies the permit holder or its assignee.

      (4)   As used in this section, “historic” means recognized as distinctly important in the social science of history that records, studies, and explains the character and significance of past human activities, including the use made of buildings.

   (c)   Design Requirements.

      (1)   Primarily Pictorial. The sign shall display non-verbal graphic or non-verbal photographic images, and may display words. The aggregate area of all words on a static display exclusive of the sign nameplate and trademarks, service marks or other distinct product or company logos shall comprise no more than twenty percent (20%) of the area of the display.

      (2)   Type of Medium. The medium for the display shall be electronic as a static or moving image or a combination of each, or as a static image upon a single sheet of vinyl or other material that presents a high-resolution image (“other high-resolution material”). A display is “electronic” if its images, while being displayed on the wall mural, are generated by computer or otherwise by the controlled conduction of electrons or other charge carriers.

      (3)   Vinyl or other High-Resolution Medium. If the medium is vinyl or other high-resolution material, it shall comply with all of the following:

         A.   The resolution of the display shall be a minimum of three hundred (300) dots-per-inch (“DPI”);

         B.   If vinyl, the grade of vinyl shall be a minimum twelve (12) ounce flex vinyl, twelve (12) ounce mesh vinyl, or twelve (12) ounce sailcloth vinyl;

         C.   The display may be changed or replaced up to six (6) times within any twelve (12) month period in addition to any change necessary to repair or restore the sign if the structure or medium is defaced, damaged or destroyed;

         D.   The sign panel or other structure to which the vinyl or other high-resolution material is attached shall not appear from line-of-sight in front of the display as a distinct frame surrounding the exterior of the display.

   (d)   Size of Display. The total area of the display shall be no less than eighty percent (80%) of the total area of the wall on which the sign is located except where:

      (1)   A smaller sign is required to avoid covering a distinctive architectural or historic feature of the building; or

      (2)   A smaller sign is required to avoid interference by structures, other buildings, trees, or other obstacles with line-of-sight visibility of the display by the vehicular traffic to which the sign is oriented; or

      (3)   A smaller sign is required to ensure safety in erecting, changing, or maintaining the display or sign structure; or

      (4)   A smaller sign is required because the structure of the building or wall will not support or otherwise accommodate the sign structure necessary for the display to cover eighty percent (80%) of the wall area.

   (e)   Maximum Number of Wall Murals. Exclusive of legal nonconforming wall murals or wall signs, no more than six (6) wall murals authorized by this section may be displayed simultaneously within the Central Business District or the portion of the Flats-Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River.

   (f)   Standards for Wall Placement and Removal.

      (1)   The wall mural shall be displayed on an exterior wall in a manner parallel with the wall surface.

      (2)   The wall mural shall not project more than sixteen (16) inches from the wall surface if the medium is vinyl or other high-resolution material, and not more than twenty-eight (28) inches if the medium is electronic.

      (3)   The wall mural shall be set back from each vertical and horizontal end of the wall a minimum distance of six (6) inches.

      (4)   Illumination. Except for displays that are electronic, the displays of wall murals shall be illuminated by continuous reflected light directed from an external light source onto the display.

      (5)   Repair and Removal. Each wall mural shall be secured in a manner that will require minimal repair after removal. The person in control of a wall mural or the owner of the wall shall repair all damage caused to the wall by securing or removing the wall mural. Upon removal, if required by the City Planning Commission or the Landmarks Commission, the entire wall face shall be painted by the owners or person in possession of the wall with a high quality exterior paint guaranteed by the manufacturer to last at least 10 years before weather causes the paint to deteriorate. The paint shall be a solid color that is consistent with the color of the building.

      (6)   A wall mural shall not cover, destroy, or materially alter an architectural feature distinct from a generally flat, unornamented wall surface unless the City Planning Commission or Landmarks Commission permits the wall mural to cover the architectural feature.

      (7)   A wall mural shall not cover, destroy, or materially alter a distinctive historic feature of the building unless the City Planning Commission or Landmarks Commission permits the wall mural to cover the historic feature.

      (8)   Finishes, textures, construction techniques, designs, colors, craftsmanship, and building materials that characterize a distinctive historic or architectural feature of a building shall be preserved. To prevent material alteration:

         A.   Wall murals adjacent to a distinctive historic or architectural feature of a building shall be secured in a manner that, if removed in the future, would not impair the form and integrity of the feature;

         B.   Chemical or physical treatments, such as sandblasting, that may cause damage to any distinctive historic or architectural feature shall not be used;

         C.   All surface cleaning of the portion of a wall mural or underlying wall adjacent to a distinctive historic or architectural feature shall use a means that will not disturb the feature’s color, texture, or other visual qualities, accelerate deterioration or otherwise impair the structure of the feature.

   (g)   Permit for Erection of Wall Murals.

      (1)   No wall mural may be erected or replaced unless and until the person in control of the display applies for and obtains the following:

         A.   A permit under Section 3113.03 of the Building Code and Section 350.04 of the Zoning Code; and

         B.   If the proposed location falls within a landmark district, or is located on a landmark, approval by the Landmarks Commission applying the provisions of this section; or

         C.   If the proposed location falls within any other district or plan area, but not a landmark district, approval by the Planning Commission applying the provisions of this section, or by the City Planning Director pursuant to the rules of the Planning Commission for administrative approval, applying the provisions of this section.

      (2)   All approvals required for the erection or replacement of wall murals shall be documented by notation on the permit application during its evaluation, or by issuance of a separate legal instrument reciting the approval. No permit shall be issued if the approvals required by this section have not been obtained.

      (3)   A permit issued in accordance with this section shall be construed to be a license to proceed during the life of the permit with the erection or replacement of the wall mural as described in the approved permit application so long as fewer than six (6) wall murals are on display simultaneously within the Central Business District or the portion of the Flats- Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River and shall be construed as signifying all approvals required by this section. All permits and applications for permits authorized by this section shall be in the name of the person in control of the display. Such permits shall convey to such person all rights and privileges prescribed by this section, which may be assigned, and impose upon such person all duties prescribed by this section, which may be delegated. The person in control of the display, including all assignees and delegees, shall place a nameplate on the wall mural when erected or replaced that identifies that person, and shall notify the City Planning Director of the identity and current postal address of that person.

      Nothing in this section shall be construed as authorizing the erection or placement of a wall mural without the consent of the owner or person in possession of the wall where the wall mural would be located.

      (4)   Expiration. A permit to erect or replace a wall mural shall expire if the wall mural is not erected and bearing a display within one (1) year after the date of the issuance of the permit.

      (5)   Holders of permits authorizing the erection or replacement of wall murals shall have priority over all other holders based on the date and time of issuance of each permit, with the earlier date and time having priority.

      (6)   A wall mural shall be removed if it has no display for a continuous period of six (6) months. It shall not be re-erected or replaced without obtaining a new permit pursuant to this section.

      (7)   The City shall keep a permanent record of all permits issued for wall murals including dates and times of issuance, which shall be available for public inspection and copying.

      (8)   Change or Replacement of Display. A change or replacement of a display shall not require a permit or any other approval by the City. However, a change of material or method of attachment to the building or wall surface shall be deemed a replacement of the wall mural, requiring a new permit, unless such change is authorized by Section 350.19 of this Zoning Code.

   (h)   Standards for Determining Whether to Issue Permit for Wall Murals. An application for a permit to erect or replace a wall mural shall be granted if the wall mural as proposed satisfies the criteria of this section. Such criteria are in lieu of the standards and guidelines prescribed and authorized elsewhere in the Codified Ordinances for a permit, certificate of appropriateness, or other approval by any agency or official of the City except those set forth in the Building Code addressing structures and materials for signs.

   For those geographic areas where the City Planning Commission has jurisdiction as set out in the Codified Ordinances, a permit shall not be issued unless the City Planning Commission determines that all of the following are satisfied. For those areas where the Landmarks Commission has jurisdiction as set out in the Codified Ordinances, a permit shall not be issued unless the City Planning Commission determines that all of the following are satisfied:

      (1)   Walls Eligible for Wall Murals. The proposed location of a wall mural shall be on an exterior building wall that qualifies as unsightly at the time that the application for a permit is pending. A wall shall be deemed unsightly if its facade is a generally flat surface, lacking distinctive external architectural ornamentation, is constructed of poor quality or inappropriate construction materials, or is in disrepair.

      (2)   No Interference with Distinctive Architectural and Historic Features. Placement of a wall mural at the proposed location shall not be clearly incongruous with – or obscure or compromise the design integrity of – distinctive architectural or historic features of the building and of the architectural or scenic character of surrounding properties within two hundred fifty (250) lineal feet from the wall. A personal preference of any agency or official that wall murals as a class are incongruous with the Central Business District or the portion of the Flats-Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River as a whole shall not be considered.

      (3)   Findings of Clear Incongruity/Material Alteration of Distinctive Architectural, Historic Features. If the agency or official of the City responsible for evaluating an application for a permit decides to deny the application because the proposed wall mural would be clearly incongruous with, or would materially alter, a distinctive historic or architectural feature, that agency or official shall state the grounds for such finding in writing delivered to the applicant. On the applicant’s appeal of such finding and denial, the agency hearing the appeal shall find for the applicant unless the agency or official demonstrates clear incongruity or material alteration. As to that finding, such an appeal shall be heard de novo.

      (4)   No Pending Notices of Violation. No permit to erect or replace a wall mural shall be issued if, while the permit application is pending, a notice issued pursuant to Section 3101.10 of the Building Code is unresolved as to the building on which the proposed wall mural would be placed. A permit may be issued upon resolution of the alleged violation that is the subject of the notice.

      (5)   Content of Display Not Subject To Approval. No agency or official of the City shall prescribe or otherwise require approval of the color, graphic design, words, message, or any other element of the content of any display, nor shall any agency or official of the City require advance submission of the content of a display before granting a permit or other approval required or authorized by the Codified Ordinances.

      (6)   Administrative Authority To Establish Other Criteria. No agency or official of the City is authorized to establish criteria, standards, or guidelines that add restrictions, conditions, or requirements to those set forth in this section. However, each reviewing agency or official shall be allowed to follow its procedural rules and regulations, unless those rules and regulations conflict with this section. In that case, this section shall govern.

      (7)   The wall mural’s size and placement is appropriate to achieve the objective of beautifying the unsightly wall.

   (i)   Application for Permit.

      (1)   Each application shall address one (1) wall mural proposed for one (1) wall.

      (2)   Completed and satisfactory applications for permits to erect or replace wall murals filed first in accordance with this section shall be given priority over all other completed and satisfactory applications. The Building Commissioner shall record on the application the time and date upon which each application is filed, and maintain all filed applications or copies for at least ten (10) years from the date of filing.

      (3)   The applicant for a permit prescribed by this section shall file such application with the Building Commissioner, who shall forward the application to the appropriate agency or official responsible for evaluating it within seven (7) days of receiving it.

      (4)   The application shall be accompanied by a color photographic or digital image of the proposed wall location in the context of adjoining properties, and the same color image shall also depict the proposed wall mural to represent with general accuracy the appearance of the wall with the addition of the mural. The agency or official of the City responsible for evaluating the application may require additional photographic or digital images to be submitted with the application relevant to the criteria prescribed by this section.

      (5)   The application shall also be accompanied by:

         A.   The materials and information required by Section 350.04(c) of this Zoning Code and 3113.03(g) of the Building Code;

         B.   The street address of the building upon which the proposed wall mural would be located;

         C.   A list of streets and other vehicular rights of way to which the proposed mural principally would be oriented;

         D.   A calculation of the area of the wall upon which the wall mural would be located and a calculation of the area of the expected display;

         E.   If the area of the expected display would be less than eighty percent (80%) of the wall area, the reasons for the smaller display;

         F.   A description of the medium to be used for the display, and if vinyl or other high- resolution material, a description of its grade and a calibration of the dots-per-inch of the resolution of the display;

         G.   A list of buildings within the Central Business District and the portion of the Flats- Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River where existing wall murals are on display at the time of filing the application;

         H.   The telephone number and postal address of the applicant and the name, telephone number, and postal address of the owner of the building to which the wall mural would be secured and a statement as to whether the owner or person in possession of the wall has consented to erection of the proposed wall mural.

   (j)   Time for Granting or Denying Application for Permit.

      (1)   Within sixty (60) days after receiving an application for a permit or up to an additional sixty (60) days if requested by the applicant or needed by the agency or official responsible for evaluating the application, the agency or official of the City responsible for evaluating the application shall grant or deny the application and shall notify the applicant, the Building Commissioner, and the Planning Director in writing of the decision.

      (2)   An application shall be deemed denied only by written notification to the applicant identifying each ordinal provision that was not satisfied and the reason that it was not satisfied.

      (3)   The application shall be deemed granted if not denied in accordance with this section.

   (k)   Enforcement. Whenever the Building Commissioner finds that a wall mural does not conform to the requirements of this section, exclusive of subsections 350.161(h)(1) and 350.161(h)(2), or that the structure of the wall mural or its attachment to the building is in a hazardous condition, he or she shall forward by certified mail to the person in control of the display a written notice of violation, stating the defects and requiring that person to correct or abate the defects within thirty (30) days. The Commissioner shall otherwise follow the procedures set forth in Chapter 3103.

(Ord. No. 1282-06, § 5. Passed 11-27-06, eff. 1-6-07)

   Where for twelve (12) consecutive years beginning at any time prior to January 1, 2006 a sign with a face of at least three hundred (300) square feet has remained at the same location continuously with no change in height setback, number of panels, size, or dimensions, other than changes allowed by division (1) of Section 350.10, it shall be conclusively presumed for purposes of Section 350.18 of this Zoning Code and Section 3113.04 of the Building Code that the sign was erected initially pursuant to valid permits, certificates, and all other approvals required by the City at the time of erection.

(Ord. No. 1282-06, § 5. Passed 11-27-06, eff. 1-6-07)

   The following regulations shall apply in non-residential zoning districts to parking garages accommodating more than ten (10) vehicles and to open parking lots which are not accessory to a main use:

   (a)   Exemptions. Regulations of this zoning code do not restrict directional and informational signs not readable from a public street.

   (b)   Sign Types. Parking garages and lots regulated by this section shall be permitted identification, business, directional and information signs displayed as either free-standing, projecting, wall or window signs.

   (c)   Number and Area. No more than two (2) permitted signs shall be displayed at each vehicular entrance to the garage or lot. Except for directional and information signs not exceeding four (4) square feet each in area, no other signs shall be permitted on the property. Combined area of all signage displayed at each entrance shall not exceed seventy-five (75) square feet and no single sign shall exceed fifty (50) square feet in area.

   (d)   Supplemental Regulations. Individual signs permitted for parking garages and lots shall conform to all regulations of this chapter not in conflict with regulations of this section. With regard to the location of free-standing signs, the regulations for retail zoning districts shall apply.

(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)

   All signs and sign structures shall be maintained in a safe condition and shall not exhibit evidence of significant wear, deterioration or damage. Whenever the Commissioner of Building and Housing has ordered the repair or removal of a permanent or temporary sign due to its hazardous condition or due to the lack of an appropriate required permit and such action has not been taken within forty-eight (48) hours of delivery of such notice to the person or entity which owns the sign or on whose property it is displayed, the Commissioner may cause the repair or removal of the sign at the expense of such person or entity. If in the opinion of the Commissioner, the sign is so hazardous as to constitute an immediate danger to human life, the Commissioner shall promptly cause the repair or removal of the sign at the expense of such person or entity, in accordance with division (i) of Section 3103.09, without the necessity of waiting forty-eight (48) hours.

(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)

   A sign which is displayed pursuant to a Building Permit issued by the City, but does not conform to current regulations, shall be deemed a legal nonconforming sign (hereinafter referred to as a “nonconforming” sign) and shall be governed by the following regulations:

   (a)   Permitted Repair and Alterations. A nonconforming sign may be painted, cleaned or repaired as required in Section 350.18 but shall not be otherwise altered, moved or replaced unless made to conform to current regulations. Such sign, however, may be altered to permit a change of message or change of face if such change does not structurally alter the sign casing or support.

   (b)   Limitation on Reconstruction. A nonconforming sign or part thereof damaged or deteriorated to an extent exceeding fifty percent (50%) of its replacement cost shall not be reconstructed or replaced unless made to conform to regulations of this Code. For a nonconforming sign damaged by a single incident (such as a storm), to an extent less than fifty percent (50%) of its replacement cost, reconstruction is permitted only if such work is begun within six (6) months of the incident and is completed within twelve (12) months of the incident.

   (c)   Discontinuance of Use. A nonconforming sign shall be removed or made to conform to regulations of this Code if the use to which the sign refers has been discontinued for a continuous and immediately preceding period of at least six (6) months, except as provided in division (f) of this section. In the case of a nonconforming billboard, as defined in this chapter, such sign shall be removed or made to conform to regulations of this Code if, for a continuous and immediately preceding period of at least twelve (12) months, the billboard has been blank or has displayed copy which is faded or damaged so as to render it illegible or has referred to an event or activity which has ended or to a business or product or service which has been discontinued.

   (d)   Temporary Signs. All nonconforming temporary signs, including portable signs, shall be removed or made to comply with the regulations of this Code within thirty (30) days after issuance of a violation notice by the City.

   (e)   Signs for Nonconforming Uses. For legal nonconforming uses, such as a retail use in a residential zoning district, the applicable signage regulations shall be those most appropriate to the nature of the nonconforming use.

   (f)   Landmark Signs. A landmark sign is one which is determined to be historically or architecturally significant by the Landmarks Commission in accordance with the standards of division (a) of Section 161.04 of the Codified Ordinances. A sign so identified by the Commission shall be exempt from the prohibitions regarding reconstruction or retention as stated in divisions (a) and (b) of Section 350.19. Any proposed reconstruction of such sign shall be permitted only if approved by the Landmarks Commission in accordance with its customary standards for review.

(Ord. No. 1435-99. Passed 2-28-00, eff. 3-6-00)

   The following supplemental regulations shall apply to permitted signs in non-residential zoning districts:

   (a)   Non-Ground Floor Uses. For uses not located on the ground floor and for ground floor uses which lack direct access from the building exterior, the following signs shall be permitted in addition to signs otherwise permitted for the building. Regardless of the number of such uses in a building, not more than one (1) wall or projecting identification sign, a maximum of twelve (12) square feet in area, shall be placed at each ground floor entrance providing access to the uses in question. In addition, for each such use, window signs not exceeding twenty (20) square feet in total area shall be permitted for display on the inside surface of windows within the subject space.

   (b)   Secondary Frontages and Entrances.

      (1)   Secondary Frontages. A building or building unit with frontage on a second street or with a customer building entrance from a rear or side parking lot shall be permitted total additional wall, window, projecting and canopy sign area not to exceed fifty percent (50%) of the sign area otherwise permitted. Such signs shall be displayed so that the total sign area placed on any facade does not exceed the maximum sign area permitted for the building’s primary frontage. This provision shall also apply to buildings or building units with secondary frontage along the Cuyahoga River or Lake Erie and to buildings adjoining a freeway right-of-way.

      (2)   Secondary Entrances. For lots served by more than one (1) vehicular entrance, one (1) additional freestanding identification sign shall be permitted at each additional vehicular entrance if the minimum distance between any two (2) such signs is five hundred (500) feet as measured along street lines. Where such distance is less than five hundred (500) feet but more than three hundred (300) feet, a second free-standing identification sign shall be permitted if the height of each such sign is no greater than twelve (12) feet and the combined sign area of the two (2) signs is no greater than one hundred fifty percent (150%) of the maximum sign area permitted for a single free-standing identification sign on the subject property.

   (c)   New Businesses. Upon its initial opening, a new business establishment may display a temporary identification sign for a maximum period of sixty-two (62) days prior to installation of a permanent identification sign. Such temporary sign may be a wall, window or portable sign which shall conform with all regulations applicable to permanent signs (except clearly inapplicable structural requirements) and shall be counted as part of the maximum permitted permanent sign area. In addition, temporary window signs for such new businesses may cover up to seventy- five percent (75%) of window area. Strings of pennants, streamers, pinwheels, balloons and similar small lightweight objects shall be permitted for “grand openings” for a single period not exceeding seven (7) days within the first six (6) months after issuance of the initial Occupancy Certificate for a new business.

   (d)   Open Lots. For uses without buildings, and for uses on lots where building frontage in less than twenty percent (20%) of lot frontage, maximum sign face area for the use, including free-standing signs, shall be the greater of fifty (50) square feet or the figure resulting from the following formula where “LW” equals the width of the lot frontage, as defined in division (a)(2) of Section 350.05: LW x 1.0 = SQUARE FEET OF SIGNAGE. The area of a free- standing sign shall in no instance exceed one hundred (100) square feet.

   (e)   Major Public Assembly Facilities. For public assembly facilities located within the Central Business District and providing a minimum seating or attendance capacity of five thousand (5,000) persons, signage shall be permitted in accordance with the following standards contained in this division (e) which recognize the unique nature of these large-scale public assembly facilities. Except as provided in these standards, all other regulations of this Zoning Code shall apply to such signage.

      (1)   Type, Number, Height and Location of Signs. The City Planning Commission may authorize variations in otherwise applicable regulations of this chapter to the extent necessary to provide adequate information to the public.

      (2)   Electronic Changeable Copy Signs. Information displayed through electronically changeable copy on signs located on the premises of a qualifying public assembly facility or on property located within five hundred (500) feet of the qualifying public assembly facility and owned or leased by the owners of said public assembly facility shall be limited to the following:

         A.   Identification of the facility or events held at the facility;

         B.   Identification of the events held at other local public assembly facilities and identification of festivals and other special events held in the City;

         C.   Identification of products or services offered for sale on the premises of the qualifying public assembly facility;

         D.   Public service messages, such as time, temperature and information of a civil nature, including welcoming of visitors to the City;

         E.   Acknowledgement of organizations or individuals sponsoring events held at the facility or contributing to the construction or operation of the facility as sponsors or patrons.

(Ord. No. 1435-99. Passed 2-28-00, eff. 3-6-00)

   The provisions of this chapter shall not govern the display of the following signs and objects:

   (a)   The American, Ohio and Cleveland flags and flags of other nations or nationality groups (except where used as part of a sign advertising a product or service);

   (b)   Governmental signs providing traffic control information and similar public information;

   (c)   Signs which are part of the original construction of a vending machine, fuel pump or similar device;

   (d)   Any monument within a cemetery;

   (e)   Cornerstones and permanent building plaques displaying the date of construction, architect’s name, building name, historical information, etc., and not exceeding eight (8) square feet in area;

   (f)   Signs in non-residential districts displaying only a street address and not exceeding two (2) square feet in area;

   (g)   Holiday decorations, excluding advertising, displayed for reasonable and customary durations of time;

   (h)   Vehicles regularly and customarily used to transport persons or property for a business;

   (i)   Works of art that do not include a commercial message; and

   (j)   Signs identifying the name and sponsoring agency of a children’s day care center, provided that no more than one (1) such sign is displayed at each such facility and that such sign does not exceed ten (10) square feet in surface area.

(Ord. No. 689-93. Passed 4-5-93, eff. 4-8-93)

   The Board of Zoning Appeals may, in specific cases, vary or permit exceptions to any of the provisions of this chapter if it finds that such variance or exception will not violate the spirit or intent of this chapter and is in accordance with the general criteria for the granting of Variances as stated in Chapter 329.

(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)