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Defiance City Zoning Code

CHAPTER 1179

Sign Standards

1179.01 PURPOSE.

   (a)   The purpose of this chapter is to promote public health, safety and welfare by establishing reasonable regulations governing the size, character, location and structural integrity of signs and other advertising structures. This chapter is enacted to promote:
      (1)   Vehicular and pedestrian safety by prohibiting signage that obstructs the view of or distracts attention from traffic control devices;
      (2)   Vehicular and pedestrian safety by eliminating visual obstructions resulting from signage located adjacent to or over public rights-of-way;
      (3)   Public safety by establishing design and maintenance standards for advertising structures that reduce the risk of fire, collapse and fragmentation and by providing for the inspection and removal of advertising structures that have become unsafe;
      (4)   Public safety by prohibiting signs that interfere with firefighting and rescue efforts;
      (5)   Economic well-being by permitting commercial enterprises to use advertising structures of sufficient size to fulfill communicative needs while prohibiting excessively large structures and sign competition that tends to depreciate the value of adjacent properties; and
      (6)   Community development consistent with the comprehensive plan and the maintenance of high quality land use districts for all zoned uses by prohibiting signs that are inappropriate to their environs.
   (b)   All standards are to be construed in favor of promoting vigorous political debate and accommodation of the rights of residents and visitors to speak freely. The provisions of this chapter shall be uniformly enforced without regard to the content of any advertising message or the identity of the proponent of that message.
(Ord. 8592. Passed 7- 2-24.)

1179.02 APPLICABILITY AND GENERAL STANDARDS.

   (a)   The regulations contained within this chapter shall apply to all signs and to all zoning districts.
   (b)   No sign shall be erected, established, modified, created, or maintained in the City of Defiance without the issuance of a zoning permit as established in Section 1165.10 Zoning Permit and the payment of fees unless otherwise exempted in this chapter.
      (1)   No zoning permit is required for the maintenance of a sign or for a change of copy on painted, printed, or changeable copy signs.
      (2)   Changes of sign panels or letters require a zoning permit.
   (c)   No sign shall obstruct or interfere with traffic or traffic visibility, or resemble or imitate signs or signals erected by the city or other governmental agency for the regulation of traffic or parking.
   (d)   No sign shall be permitted as the principal use on a premises. Signs shall be permitted only as accessory uses unless otherwise specified in this chapter. Billboards and outdoor advertising devices are not permitted.
   (e)   Illumination.
      (1)   All signs, except as specifically stated in this chapter, may be illuminated by internal or reflected light, provided that such illumination shall:
         A.   Be shielded from all adjacent residential buildings and all streets;
         B.   Not have an intensity to cause glare visible to pedestrians or vehicle drivers, nor shall the illumination be of such brightness as to cause reasonable objection from adjacent residential districts; and
         C.   No illuminated sign shall be permitted if any part of the sign flashes on or off, has lighting that moves or illustrates movement, or displays changing degrees of intensity in illumination. This regulation applies to signs located outside of buildings, and to window signs inside buildings that can be seen from the outside. This prohibition on flashing, moving, or intermittent lighting shall not apply to public service devices exempted in Subsection 1179.04(b) or electronic messages centers permitted per Subsection 1179.07(c).
      (2)   Signs shall not be lighted so as to obstruct traffic control or other public information signs.
      (3)   Any sign having an outside power source shall obtain a permit and electrical inspection to govern safety and conformity with the National Electrical Code (NEC).
      (4)   The max lumen levels shall not exceed 300cd/m2 at the parcel line. Signs within 100 feet of residential lots shall not exceed a max lumens level of 150cd/m2 and have no illumination between 11:00 p.m. and 7:00 a.m.
   (f)   Construction Standards.
      (1)   Signs shall be structurally sound and located so as to pose no threat to pedestrian or vehicular traffic.
      (2)   Signs shall be fabricated on and be of materials which are of good quality, of good durability and complementary to the building of which they become a part.
      (3)   All wiring, fittings, and materials used in the construction, connection, and operation of electrically illuminated signs shall be in accordance with the provisions of the National Electric Code (NEC).
      (4)   No sign of any classification shall be installed, erected, or attached to a structure in any form, shape, or manner that is in violation of building or fire code of the city or the State of Ohio.
      (5)   The construction, erection, safety and maintenance of signs shall comply with the state building codes.
      (6)   Permanent signs shall be constructed and erected to withstand wind pressures and shall be fastened, suspended or supported so that they will not be a menace to persons or property.
      (7)   No sign shall be erected so as to project over and obstruct any window, door, fire escape, balcony, platform, stairway, ladder, vent or other means of ingress of any building.
      (8)   No sign shall be attached to a utility pole, tree, trash receptacle, bench or other structure not intended or approved as a sign support.
      (9)   Temporary signs shall be durable and weather-resistant.
   (g)   No sign shall be erected on public property or within any public right-of-way except by governmental authorities in the discharge of a governmental function or pursuant to a license to occupy the right-of-way granted in accordance with Section 131.03 of the City regulations.
   (h)   Sign Application Standards.
      (1)    Sign Application Requirements. An application for a sign permit shall be made to the Zoning Commissioner on the form provided. The application shall include one (1) copy depicting the actual colors of the building and sign, either drawing or photo, at eight and one half by eleven (8 ½ x 11") size and suitable for reproduction. The application shall present the sign in a manner which best illustrates how the sign shall be experienced by the public after it is erected on the site. Specifically, the application shall include:
         A.   A complete site plan or photograph showing the location of the sign and its relationship to the building, the building setbacks and lot width, the locations and square footage areas of all existing signs on site, the adjacent parcels and parking lots, drives and sidewalks;
         B.   Detailed drawings showing the design of the sign, including size, content, style of lettering, logo and other graphic features, colors of the applied lettering and background, materials of the sign and the frame or structure, and approximate weight of the sign; and
         C.   Construction, erection or fastening details, including wattage of electric lamps or illuminating tubes, if applicable.
         D.   For multi-tenant buildings and development projects with multiple buildings in nonresidential districts, the Planning Commission may approve basic sign parameters that set forth the location, size and style of each tenant sign. Such sign parameters may be established when the Planning Commission reviews development plans for new buildings or at the time a specific sign application is made for an identification sign for an existing building. Whenever the Planning Commission has approved such sign parameters, the Zoning Commissioner shall be authorized to review and approve any subsequent sign application submitted for a tenant of the development or building that complies with such sign parameters.
         E.   A permit fee for each sign application, as established by Board of Control City Council.
         F.   A completed Sign Permit Application. When any person other than the owner of the property submits a sign application, the owner of the property or a designated agent for the owner shall also sign such application.
            (Ord. 8592. Passed 7-2-24.)

1179.03 SIGN COMPUTATIONS.

   The following principles shall control the computations of sign area, height, and setback.
   (a)   Sign Face or Area.
      (1)   The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that shall encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color that is an integral part of the background of the display or used to differentiate the sign from backdrop or structure against which it is placed.
      (2)   The calculation for the sign face area does not include any supporting framework, bracing, or decorative fence or wall unless such structural support is determined by the zoning commissioner to constitute an integral part of the sign design or is determined to be designed to attract attention. See Figure 117.03-1.
 
Figure 1179.03-1: Illustration of sign area calculations for a wall sign (left)
and a monument sign (right).
      (3)   The sign area for a sign with more than one face (multi-faced signs) shall be computed by adding together the area of all sign faces visible from any one point.
      (4)   When two identical sign faces are placed back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same sign structure and are not more than twenty-four (24) inches apart, the sign area shall be computed by the measurement of one of the faces.
      (5)   No more than two display faces shall be permitted for freestanding and projecting signs.
      (6)   In the case of irregularly shaped three dimensional signs, the area of the display surface shall be measured on the plane of the largest vertical cross section.
      (7)   When calculating sign area, fractional amounts are not required to be rounded.
   (b)   Street and Building Frontage.
      (1)   The building frontage is the length of an outside building wall on a public or private street.
      (2)   For multi-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.
   (c)   Window Area. Where the sign area is based on the total window area, the window area shall be calculated as the total area of glass windows on the building frontage.
   (d)   Sign Height.
      (1)   The height of a sign shall be computed as the distance from the average natural grade at the base of the sign or support structure to the top of the highest attached component of the sign.
      (2)   A freestanding sign on a man-made base, including a graded earth mound, shall be measured from the average natural grade, where the sign is to be located, prior to the addition of the sign.
   (e)   Sign Setbacks.
      (1)   The required setbacks for a sign shall apply to all elements of the sign including its frame and base.
      (2)   The setback of a freestanding sign shall be measured horizontally from the edge of the sign frame to the street right-of-way line or lot line, as applicable. (Ord. 8592. Passed 7-2-24.)

1179.04 PROHIBITED SIGNS.

   The following types of signs are specifically prohibited within the City:
   (a)   Signs in the right-of way unless specifically permitted in this chapter (See also Section 1179.05 Signs Not Requiring a Permit).
   (b)   Signs exhibiting animated graphic illustrations, flashing or rotating lights or mirrors, banners, pennants, ribbons, streamers, spinners, or similar devices that move or change appearance shall not be erected in any place that is visible from a public right-of-way or from publicly or privately owned land customarily open to vehicular traffic. This paragraph does not prohibit the erection of public service devices that display the date, time, temperature, or news information in a manner that does not imitate or distract attention from traffic control devices.
   (c)   Roof signs and signs that extend above or beyond the building façade, except as otherwise specifically permitted in this chapter.
   (d)   Flags intended for advertising or commercial purposes.
   (e)   Signs emitting sounds.
   (f)   All portable advertising signs (mobile signs on wheels, etc.) and signs mounted, attached, painted, etc. on trailers, boats or motor vehicles except those on licensed commercial delivery and service vehicles (See Figure 1179.04-1).
 
Figure 1179.04-1: Examples of prohibited sign types.
   (g)   Beacons and searchlights, except for emergency purposes.
   (h)   Off-premises signs and outdoor advertising signs.
   (i)   Flashing, moving, blinking, racer type, intermittent, rotating, or revolving signs, whirligig devices, inflatable signs and tethered balloons, ribbons, spinners, exposed light bulbs, and strings of lights not permanently mounted to a rigid background, and other similar types of attention-getting devices.
   (j)   Merchandise, equipment, products, vehicles or other items not themselves for sale and placed for attention-getting, identification or advertising purposes.
   (k)   Permanent signs erected or attached to accessory structures.
   (l)   Abandoned signs, obscene signs, portable signs, roof signs, and vehicular signs are declared to be a public nuisance and are prohibited.
      (Ord. 8592. Passed 7- 2-24.)

1179.05 SIGNS NOT REQUIRING A PERMIT.

   The following signs do not require a zoning permit. Each sign exempt from the permit process shall still comply with any applicable height, area, and locational standards established in this chapter.
   (a)   Wall signs permitted on residential dwellings.
   (b)   Governmental signs for control of traffic and other regulatory purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies for the purpose of safety.
   (c)   Flags, emblems and insignia of any governmental agency or political subdivision and temporary displays of a patriotic, religious, charitable, or civic character.
   (d)   Commemorative plaques by recognized historical agencies.
   (e)   Interior signs within a stadium, open-air theater, shopping center, arena, or other use, which signs can be viewed only by persons within such stadium, open-air theater, shopping center, arena, or other use.
   (f)   A window sign that does not exceed ten (10) square feet in area and does not cover more than twenty-five percent (25%) of area of the window.
   (g)   A sign that is an integral part of the original construction of a vending machine, fuel pump or similar device.
   (h)   A cornerstone incorporated into a building.
   (i)   A plaque or nameplate not exceeding three square feet in area that is permanently affixed to a building as a wall sign.
   (j)   Monuments and markers within cemeteries.
   (k)   Letters and numbers less than six inches in height identifying the address of any structure.
   (l)   Signs located on the Defiance College campus, or other campus, and oriented to campus occupants or visitors, and not directed to the general public.
   (m)   A non-illuminated temporary monument sign less than twelve (12) square feet in area and six (6) feet in height installed in accordance with the provisions of Section 1179.08 Temporary Signs.
   (n)   Temporary Signs Without a Commercial Message.
      (1)   Temporary signs without a commercial message shall not be posted in any place or in any manner that is destructive to public property upon posting or removal.
      (2)   Temporary signs that do not contain a commercial message shall be set back a minimum of ten (10) feet from the street right-of-way line.
      (3)   The maximum height of temporary signs without a commercial message shall be six (6) feet.
   (o)   Directional monument signs, with no commercial message, not to exceed two signs per driveway indicating entrance and exit locations with a maximum permitted sign area of six (6) square feet and a maximum height of four (4) feet.
      (Ord. 8592. Passed 7-2-24.)

1179.06 SIGNS PERMITTED IN RESIDENTIAL ZONING DISTRICTS.

   The following are the signs permitted in residential zoning districts along with all applicable standards of this chapter:
   (a)   Wall Signs On Dwellings. One wall sign is permitted on each individual lot used for residential purposes provided the sign is mounted flush to the façade of the principal dwelling and does not exceed two (2) square feet.
   (b)   Development/Subdivision Signs.
      (1)   Signs identifying the principal entrances to subdivisions are permitted for any subdivision or housing development.
      (2)   Signs identifying multi-family housing facilities are permitted in districts zoned R-3.
      (3)   Signs identifying mobile home parks are permitted in districts zoned R-4.
      (4)   General Standards. All development/subdivision signs are subject to the following standards:
         A.   Each sign may have a maximum sign area of twenty-four (24) square feet not including any fencing, wall, supporting brick, stone, or any other material used to frame, brace or otherwise provide structural support for the sign on which the sign is located.
         B.   No such sign shall exceed six (6) feet in height.
         C.   The sign may only be illuminated through an external light source.
         D.   A maximum of one permanent monument sign or two signs attached to a supporting wall or fence may be permitted for each primary subdivision or development entrance.
         E.   The sign shall be set back a minimum of ten (10) feet from the public right-of-way.
         F.   The sign shall be set back a minimum of ten (10) feet from any adjacent lot lines.
   (c)   Signs for Agricultural or Nonresidential Uses.
      (1)   One on-site, permanent wall or monument sign may be permitted for any nonresidential use in 1.a residential zoning district provided the sign meets the following requirements:
         A.   The monument sign shall be set back a minimum of ten (10) feet from the public right-of-way.
         B.   The monument sign shall be set back a minimum of ten (10) feet from any adjacent property line.
         C.   The monument sign shall be set back a minimum of twenty-five (25) feet from any adjacent residential use.
         D.   The maximum sign area shall be thirty-six (36) square feet.
         E.   No such sign or any portion of the structure shall exceed ten (10) feet in height.
         F.   Up to fifty percent (50%) of the sign may include manual changeable copy signage.
         G.   The sign may only be illuminated through an external light source.
      (2)   One on-site, permanent monument sign shall be permitted on any lot that is used primarily for an agricultural use provided the lot has a minimum area of five (5) acres and the sign meets the same standards as established for monument signs in subsection (1) above.
   (d)   Temporary Signs in Residential Zoning Districts. Each individual lot in a residential zoning district shall be permitted temporary signs in accordance with the provisions of Section 1179.08 Temporary Signs and other regulations of this chapter. (Ord. 8592. Passed 7-2-24.)

1179.07 SIGNS PERMITTED IN NONRESIDENTIAL ZONING DISTRICTS.

   The following are signs permitted in nonresidential zoning districts along with all applicable standards of this chapter:
   (a)   On-Premises Signs Required. All signs in the business districts shall be on-premises signs, accessory to the principal use.
   (b)   Permitted Signs.
      (1)   Window, wall, canopy, projecting, marquee, monument, or pole signs are permitted in all nonresidential districts subject to the provisions of this chapter.
      (2)   Signs in the Central Business District, as defined by Subsection 1179.02(h), require review and approval by the Planning Commission and compliance with the standards in Subsection 1179.07(d).
      (3)   Signs in the CO College Overlay District are permitted in accordance with Subsection 1179.07(e).
   (c)   General Regulations by Sign Type. The following standards apply to the individual types of signs permitted in the nonresidential zoning districts:
      (1)   Maximum Aggregate Sign Area. In all nonresidential zoning districts, the combined total sign area of all signs shall not exceed two (2) square feet for each foot of lot frontage.
      (2)   Window Signs.
         A.   Window signs located within, attached or mounted to, or located within a space two (2) feet inside of and positioned to be visible from outside of any window, shall be deemed a window sign, and are included in the allowable maximum aggregate sign area.
         B.   Windows signs in the Central Business District shall not be electronic changeable copy signs.
         C.   Where window signs are permitted, such sign shall not occupy more than twenty-five percent (25%) of the window area. See Figure 1179.07-1 for locations used in the calculation of sign area.
 
Figure 1179.07-1: The window area to be used in calculation of sign area.
      (3)   Wall, Canopy, and Projecting Signs.
         A.   The maximum wall, canopy, and projecting sign area in nonresidential zoning districts, except B-3 and B-4 Districts, shall be one and one-half (1.5) square feet for each foot of building frontage.
         B.   The maximum wall, canopy, and projecting sign area for a building located in a B-3 or B-4 District may be increased subject to the following:
            1.   If the building is located more than 200 feet from a principal public right-of-way from which the sign is viewed, then the maximum allowable sign area shall be one and three-fourths (1.75) square feet for each foot of building frontage.
            2.   If the building is located more than 400 feet from a principal public right-of-way from which the sign is viewed, then the maximum allowable sign area shall be two (2.00) square feet for each foot of building frontage.
         C.   In the case of a multi-tenant building, the above calculation shall apply to the area of the front building wall elevation for the individual tenant.
         D.   No wall, canopy, or projecting sign shall project above the roof line.
         E.   Wall signs shall not project more than eighteen (18) inches from the building wall and shall not extend above the wall or beyond the wall to which they are attached.
         F.   Wall, canopy or projecting signs may contain changeable copy.
            1.   Electronic message centers for wall, canopy or projecting signs are only permitted in the B-3 and B-4 Districts.
            2.   In the B-3 and B-4 Districts, electronic message center signs shall comply with the following:
               a.   Any message change shall be a static, instant message change.
               b.   Messages can only change once every ten (10) seconds or more.
               c.   The transition time between messages shall be less than one second.
               d.   The electronic message center shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions.
               e.   The brightness level shall not increase by more than 0.3 footcandles (or 3.23 lumens per square meter or lux) (over ambient levels) as measured using a footcandle meter at a pre-set distance.
               f.   The procedure and distances for measurement of brightness shall be as established by the International Sign Association's Recommended Night-time Brightness Levels for On-Premises Electronic Message Centers.
               g.   The owners of such signs shall include a signed letter accompanying their zoning permit application, certifying that they will comply with the prescribed brightness limitations set by this code.
               h.   Only Light Emitting Diodes (LED) technology shall be permitted for electronic message centers. The maximum pitch for LED sign shall be thirty-five (35) millimeters. The pitch is the industry standard for measuring the distance between light points.
      (4)   Marquee Signs.
         A.   The maximum area of a marquee sign shall be the greater of one and one-half (1.5) square feet for each foot of building frontage or the perimeter of the three exposed sides of a marquee measured in feet multiplied by five (5) square feet.
         B.   Marquee signs shall have a minimum vertical clearance of ten (10) feet above the grade of any adjacent sidewalk.
         C.   Marquee signs shall have a minimum vertical clearance of fourteen (14) feet above the grade of any driveway or other area open to vehicular traffic.
         D.   A marquee sign shall not extend above the roof line of the building to which it is attached.
      (5)   Monument or Pole Signs.
         A.   Location in Landscaped Area. Both pole signs and monument signs shall be located in a landscaped area equal to or larger than the total sign area of the applicable sign. Such landscaped area may be an area that fulfills the requirements of Chapter 1177 Landscaping and Buffer Standards.
         B.   Maximum Height.
            1.   Monument signs shall not exceed five (5) feet in height unless the lowest horizontal element is elevated more than nine feet above the adjacent grade.
            2.   The maximum height of a pole sign shall be thirty (30) feet.
               a.   Properties adjacent to a limited access highway may have a sign with a maximum height of fifty (50) feet.
         C.   Permitted Sign Area for Monument or Pole Signs. The maximum area of each face of a monument or pole sign shall be the lesser of 1.5 feet for each foot of frontage, or 250 square feet, and not to exceed the maximum aggregate sign area per Subsection 1179.07(c)(1).
         D.   Setback.
            1.   All signs shall be set back a minimum of ten (10) feet from any side lot line.
            2.   All signs shall be set back a minimum of twenty-five (25) feet from any lot in a residential zoning district.
            3.   No freestanding sign may be located within 150 feet of any other freestanding sign located adjacent to the same side of the same public right-of-way.
         E.   Changeable Copy Signs.
            1.   Up to fifty percent (50%) of a permitted monument or pole sign may incorporate a changeable copy sign.
            2.   In the B-3 and B-4 Districts, the changeable copy sign may be an electronic message center provided:
               a.   Any message change shall be a static, instant message change.
               b,   Messages can only change once every ten (10) seconds or more.
               c.   The transition time between messages shall be less than one second.
               d.   The electronic message center shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions.
               e.   The brightness level shall not increase by more than 0.3 footcandles (or 3.23 lumens per square meter or lux) (over ambient levels) as measured using a footcandle meter at a pre-set distance.
               f.   The procedure and distances for measurement of brightness shall be as established by the International Sign Association's Recommended Night-time Brightness Levels for On-Premises Electronic Message Centers.
               g.   The owners of such signs shall include a signed letter accompanying their zoning permit application, certifying that they will comply with the prescribed brightness limitations set by this code.
               h.   Only Light Emitting Diodes (LED) technology shall be permitted for electronic message centers. The maximum pitch for LED sign shall be 35 millimeters. The pitch is the industry standard for measuring the distance between light points.
            3.   Electronic message centers are permitted in zoning districts that allow business establishments that sell gasoline or other vehicle fuels for the display of product prices.
         F.   Directional Monument Signage. Directional monument signs shall not exceed two signs per driveway indicating entrance and exit locations with a maximum permitted sign area of six (6) square feet and a maximum height of four (4) feet.
      (6)   Menu Board Signs.
         A.   One menu board sign for each stacking lane in a drive-through facility shall be allowed provided it does not exceed forty-eight (48) square feet in sign area. Any additional attachments such as pictures or photographs of food and other items shall be included within the maximum signage area.
         B.   Menu board signage shall not be included in the total calculated allowed signage for a property under the remainder of this chapter.
         C.   No menu board sign shall exceed seven (7) feet in height measured from the grade of the adjacent driving surface to the top of the sign.
         D.   All menu board signs shall be internally illuminated.
         E.   Menu boards shall be reviewed and approved as part of the zoning permit for the drive-through establishment or, when a menu board is to be added, as part of a separate zoning permit application.
         F.   The menu sign board shall be located in a landscaped area equal to or larger than the total sign area of the menu board. Such landscape area may also be counted toward any landscaping requirements in Chapter 1177 Landscaping and Buffer Standards.
   (d)   Additional Regulations for Signs in the Central Business District.
      (1)   Mounting heights between a minimum of ten (10) feet and maximum of fourteen (14) feet above the pavement shall be maintained, unless otherwise authorized by the Planning Commission.
      (2)   The minimum distance between the ends of a sign and the end of the building shall be two (2) feet.
      (3)   The maximum height of the letters shall be thirty (30) inches.
      (4)   The maximum height of the sign shall be four (4) feet.
      (5)   Sign area shall be calculated by multiplying the front linear footage of the building frontage times 1.75, which shall be equal to the total sign area in square feet.
      (6)   Sign area for neon signs shall be calculated by multiplying the front linear footage of the building frontage times 0.75, which shall be equal to the total sign area in square feet.
      (7)   Sign letters shall not exceed one-half the height of the background and the lettering shall have a maximum height of thirty (30) inches. Letters shall be constructed of metal, plastic, wood, or painted in a color harmonious with surrounding signs and buildings.
      (8)   The maximum dimensions of a projecting sign shall be three (3) feet long by two (2) feet, six (6) inches high, and they shall be able to be supported by methods supported by sign industry standards. Property owners with projecting signs in the right-of-way shall apply for a permit with the Zoning Commissioner and receive a License to Occupy the Right of Way permit. Exceptions may be granted by the Planning Commission in cases where the projecting sign helps to promote the uniqueness and historic character of the Central Business District.
      (9)   Pylon or pole signs and vacuform box signs are prohibited.
      (10)   Window signs in the Central Business District shall not be electronic changeable copy signs.
      (11)   Side/Corner Lot Provisions: Bonus sign areas for corner/side lots with secondary frontage (on public ROWs, or not). Primary frontage allowances can be shifted to a secondary building frontage provided that max aggregates are not exceeded. Sign area can be 75% of allowances for primary frontage.
      (12)   Central Business District Sign Variances: The Planning Commission may grant variances from sign requirements where the site characteristics like physical location and character of adjacent land uses on which a sign is proposed to be located demonstrate that literal application of the requirements of said sections will not further the purposes for which this chapter has been enacted or will result in an undue hardship on the applicant, and that the restriction on the applicant's use of the property is not justified by any corresponding benefit to public health, safety or welfare, or when the proposed signage works to enhance the historic context on the Central Business District. In reviewing applications for a variance, the Planning Commission shall consider the following factors:
         A.   Harmony of the proposed sign's use or dimensions with the building or property on which it is to be located;
         B.   The degree to which the applicant's request departs from the height, setback, dimensional and use restrictions because of the uniqueness of the sign or circumstances in which the sign variance is being requested;
         C.   The unique location of the property on which the signage is being requested;
         D.   Whether the variance would increase the risk that the vision of vehicular traffic would be obstructed; and
         E.   Whether granting a variance would be detrimental to the historical context of the district or adjacent properties in which the sign is to be located.
   (e)   Signs in the CO College Overlay District. Signs in the CO College Overlay District shall conform to all requirements of Chapter 1179 Sign Standards applicable to the underlying zoning district in which the proposed sign is to be erected and the requirements of this subsection.
      (1)   Maximum Height of Monument Sign.
         A.   Monument signs shall not exceed five (5) feet in height.
         B.   Pole signs are prohibited in the CO College Overlay District.
      (2)   Monument signs shall be oriented perpendicular to the curb fronting the property on which the sign is located.
      (3)   The maximum area of each face of a monument sign shall be forty-eight (48) square feet.
      (4)   Support structures for monument signs shall be of low reflectance materials, finished in colors compatible with the coloration of the primary façade of the building to which they pertain.
      (5)   Monument signs shall be landscaped in a manner compatible with the landscaping of adjacent driveways and vehicular use areas
      (6)   Each property shall be permitted to erect only one monument sign unless that property fronts two or more public streets. If the property fronts two or more streets, the property owner shall be permitted to erect one monument sign facing each street, or at the property owner's election, a single monument sign bisecting the angle of the intersecting streets on which the property presents frontage.
      (7)   Public service devices otherwise allowed by Section 1179.04 Prohibited Signs shall not be erected within the CO College Overlay District.
      (8)   Temporary construction signs shall not exceed forty-eight (48) square feet in area.
      (9)   Variances.
         A.   No variance shall be granted from the requirements of this subsection.
         B.   No variance shall be granted from any applicable regulation of Chapter 1179 Sign Standards within the CO College Overlay District except that a variance may be granted from Subsection 1179.07(c)(5)D. Setback where, due to lot dimensions or existing signage on adjacent properties, strict application of Subsection 1179.07(c)(5)D. would prevent the erection of monument signage on the property for which such signage is proposed.
         C.   The Planning Commission shall not, however, grant such variance unless it first finds that the use of a sign other than a monument sign would fail to meet the legitimate communicative needs of the property owner or that the use of a sign that is not subject to the minimum spacing requirements of Subsection 1179.07(c)(5)D. would be inconsistent with achievement of harmonious design throughout the CO College Overlay District or other declared purpose for which the CO College Overlay District is established.
      (10)   Nothing in this subsection shall be construed to prohibit the erection of any sign that is not required to have a permit, Section 1179.05 Signs Not Requiring a Permit.
   (f)   Temporary Signs in Nonresidential Zoning Districts. Each individual lot in a nonresidential zoning district shall be permitted temporary signs in accordance with the provisions of Section 1179.08 Temporary Signs and other regulations of this standard. (Ord. 8592. Passed 7-2-24.)

1179.08 TEMPORARY SIGNS.

   The following temporary signs shall be permitted anywhere within the city provided they meet the established standards.
   (a)   General Definitions Related to Temporary Signs.
      (1)   Temporary signs shall be as defined in this code and may include, but are not limited to, political signs, real estate signs, and special event signs.
      (2)   Temporary signs with a commercial message include, but are not limited to, real estate signs, signs that reference the sale of items or other business-related activities, or signs that include text classified as a commercial message.
      (3)   Temporary signs that do not contain a commercial message include, but are not limited to, political signs and any other sign with text that is not classified as a commercial message.
   (b)   Standards That Apply to All Temporary Signs.
      (1)   No temporary sign shall be mounted, attached, affixed, installed, or otherwise secured by any permanent means to any building, permanent sign, other structure, or improvement, or to the ground upon which it is erected.
      (2)   No temporary sign shall be mounted, attached, affixed, installed, or otherwise secured so as to protrude above the roof of a structure.
      (3)   Lighting shall be prohibited for temporary signs.
      (4)   Portable, temporary signs are permitted provided they are tied down to prevent damage to other structures or property and are not located on a wheeled or other transport chassis.
      (5)   No temporary sign shall be located in a right-of-way.
   (c)   Temporary Signs for Development/Construction.
      (1)   One temporary, on-premises sign may be posted on the site where a development project or subdivision is under construction.
      (2)   A zoning permit shall be required for the sign.
      (3)   The sign may be posted sixty (60) days prior to and throughout the duration of construction.
      (4)   Such signs shall not exceed thirty-two (32) square feet in area per side (two sides maximum).
      (5)   The maximum height of the signs shall be six (6) feet.
      (6)   The setback and location of the temporary sign shall be approved by the Zoning Commissioner.
      (7)   The applicant must submit a request to renew the applicable zoning permit every six (6) months.
   (d)   Temporary Signs for Special Events.
      (1)   For nonresidential uses in residential districts, or for any uses in nonresidential districts, one temporary, on-premises sign may be used announcing special events on-site and may be erected for a total of thirty (30) days and must be removed two weeks after the event with the occurrence of no more than three a year. The signs shall meet the following standards:
         A.   A zoning permit shall be required for the sign.
         B.   Such signs shall not exceed forty (40) square feet in area per side (two sides maximum).
         C.   The maximum height of the signs shall be six (6) feet.
         D.   The setback and location of the temporary sign shall be approved by the Zoning Commissioner.
         E.   A thirty (30)-day extension may be granted by the Zoning Commissioner.
      (2)   When a new business has received zoning compliance inspection approval, a zoning permit, or a change in business name or ownership, and the permanent sign has not been installed, one additional temporary sign may be permitted until the permanent sign has been installed, or not more than sixty (60) days, whichever is less. Such sign shall meet the same standards as established in subsection (d)(1) above.
   (e)   Temporary Signs on Properties with a Garage or Yard Sale. Temporary signs may be placed on a residential lot (without a zoning permit) that is or will be hosting a garage or yard sale for a period of time beginning twenty-four (24) hours in advance of said sale and shall be removed immediately after the completion of the garage or yard sale.
   (f)   Temporary Signs on Properties for Lease, Sale, or Business Service.
      (1)   Temporary Signs on Properties for Lease or Sale in Residential Districts. Up to two temporary signs that contain a commercial message may be permitted on an individual lot (without a zoning permit). Such signs shall be limited to six (6) square feet or less in sign area and five (5) feet in height.
      (2)   Temporary Signs on Properties for Lease or Sale in Nonresidential Districts.
         A.   Up to two temporary signs that contain a commercial message may be permitted on an individual lot (without a zoning permit). Such signs shall be limited to six (6) square feet or less in sign area and five (5) feet in height.
         B.   In addition to the above two temporary signs, a larger temporary sign is allowed in a nonresidential district provided it complies with the following requirements:
            1.   The owner of the property where the sign will be located shall apply for and receive a zoning permit for the sign;
            2.   There shall be a limit of one sign per lot and such sign shall not exceed thirty-two (32) square feet per side with a maximum of two sides;
            3.   A zoning permit shall be required for the sign.
            4.   The maximum height shall be eight (8) feet;
            5.   The setback and location of the temporary sign shall be approved by the Zoning Commissioner; and
            6.   The applicant must submit a request to renew the applicable zoning permit every six (6) months.
      (3)   Business Service Signs. One temporary sign recognizing a business service performed on property is permitted on an individual lot (without a zoning permit). Such sign shall be limited to six (6) square feet or less in sign area and five (5) feet in height. Such sign may be displayed for a maximum of thirty (30) days.
   (g)   Temporary Signs Without a Commercial Message. In accordance with Section 1179.05 Signs Not Requiring a Permit, a zoning permit is not required for temporary signs without a commercial message. See Subsection 1179.05(n) Temporary Signs Without a Commercial Message.
      (Ord. 8592. Passed 7-2-24.)

1179.09 NONCONFORMING SIGNS.

   (a)   A sign conforming to the regulations prevailing on the effective date of this chapter, but which does not conform to this chapter, or any amendment hereto, shall be construed as a legal nonconforming use.
   (b)   Any sign which becomes a nonconforming sign due to a zoning change shall be considered a legal nonconforming sign and shall be treated in accordance with this section.
   (c)   Nonconforming signs shall be maintained in good condition pursuant to Section 1179.10 Maintenance.
   (d)   Nonconforming signs shall be removed and any subsequent modification or replacement (excluding maintenance pursuant to Section 1179.10 Maintenance shall conform to this chapter when:
      (1)   More than fifty percent (50%) of the value of the sign has been destroyed or has been taken down; or
      (2)   The use to which the nonconforming sign is accessory is vacant for ninety (90) consecutive days. Permanent signs associated with a seasonal business may be exempted.
   (e)   A nonconforming sign shall not be altered, modified or reconstructed, other than to comply with this chapter, except:
      (1)   When the existing use has new ownership which results in a change in the name of the use or business on the property;
      (2)   When the space is reoccupied by a similar use and the new occupant requires no external building or site renovation; or
      (3)   When a new sign pursuant to subsections (e)(1) or (2) above is changed by replacing a sign panel or by repainting a sign face only. Such alterations shall not require changes to the structure, framing, erection or location of the sign unless such changes conform to this chapter.
   (f)   A nonconforming sign that is not removed within the time periods as specified in this section, in compliance with the order, may be removed by the City at the expense of the property owner. To recover the costs from the property owner, the City may certify the total cost, together with a proper description of the land, to the Defiance County Auditor to place such costs upon the tax duplicate, or the city may commence a civil action against the property owner for the costs. (Ord. 8592. Passed 7-2-24.)

1179.10 MAINTENANCE.

   (a)   The property owner shall maintain all signs in a safe and attractive condition for the intended use.
   (b)   For the purposes of this chapter, a sign is not legally maintained if any of the following occur: the appearance of rust, cracks, electrical defects, fraying, chipped paint or other materials, structural defects or other defects, or if the commercial message of the sign no longer pertains to any business activity on the site upon which the sign is located. Such factors shall cause it to be presumed that a sign has been abandoned and is not being legally maintained.
   (c)   The property owner of such a sign may receive notice from the City to return the sign to its original satisfactory condition within sixty (60) days of the date of the notice. Unless the property owner complies with the notice, signs which are abandoned and are not being legally maintained in accordance with this code or other applicable regulations of the City, are hereby declared to be a nuisance contributing to visual blight and are hereby determined to be abandoned. The property owner also has a continuing obligation to comply with all building and housing code requirements of the City.
   (d)   If the sign is deemed by the zoning commissioner to be in an unsafe or abandoned condition, the owner of the property shall be immediately notified, in writing, and shall, within forty-eight (48) hours of such notification, correct such unsafe condition or remove the sign. If the correction has not been made within forty-eight (48) hours, the Zoning Commissioner may remove such unsafe sign or cause such unsafe sign to be removed, repaired or maintained at the expense of the property owner. To recover the costs from the property owner, the City may certify the total cost, together with a proper description of the land, to the Defiance County Auditor to place such costs upon the tax duplicate, or the City may commence a civil action against the property owner for the costs.
   (e)   All lighting of signs shall be fully functional as designed or the lighting shall be turned off until such time as such non-functioning lighting has been fixed.
   (f)   Whenever any sign, either conforming or nonconforming to this chapter, is required to be removed for the purpose of repair, relettering or repainting, the same may be done without obtaining a zoning permit or paying fees, provided that all of the following conditions are met:
      (1)   There is no alteration or remodeling to the structure or the mounting of the sign itself.
      (2)   There is no enlargement or increase in any of the dimensions of the sign or its structure.
      (3)   The sign is accessory to a legally permitted or legally nonconforming use.
         (Ord. 8592. Passed 7-2-24.)

1179.11 PUBLIC ART.

   Public Art is classified as art displayed through various mediums, including but not limited to wall murals and sculptures, designed and located such that the art is visible or accessible to the general public from any public right-of-way.
   (a)   All proposed public art must be reviewed by the Zoning Commissioner and Board of Control, and a recommendation of approval forwarded to City Council prior to installation.
   (b)   Recommendations of approval of all public art shall follow the steps below:
      (1)   Approved rendering of the public art and its size specifications/dimensions;
      (2)   Address of the property where the public art is to be displayed and located; and
      (3)   Documentation of consent from the property owner for the display and location of the public art.
   (c)   The Zoning Commissioner shall issue a permit for the display of the public art after verifying:
      (1)   The public art does not contain a logo, image, insignia, trademark, or any similar component that will categorize it as a sign, subject to the sign regulations of this Code;
      (2)   The public art does not contain any images, text, or symbolism that can be categorized as obscene as defined by this Code.
   (d)   Any public art applicant may appeal to the Court of Common Pleas any recommendation decision or decision of City Council when issuing a Public Arts Permit.
(Ord. 8592. Passed 7-2-24.)