Fairborn City Zoning Code
CHAPTER 1131
Signs
1131.01 PURPOSE.
The purpose of these standards is to balance the need to protect the public safety and welfare, the need for a well maintained and attractive community, and the need for adequate identification, communication and advertising. The regulations are further intended:
(a) To allow businesses, institutions, and people to exercise their right to free speech by displaying messages on a sign, and to allow audiences to receive such information;
(b) Enhance the economy and the business and industry of the City by promoting the reasonable, orderly, and effective display of signs and thereby encourage increased communication with the public;
(c) To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property, and public welfare;
(d) To reflect and support the desired ambience and development patterns of the various zoning districts and sub-districts, and promote an attractive built environment;
(e) To allow for adequate and effective signs whose dimensional characteristics further the interests of public safety and the needs of the motorist, where signs are viewed from a street, sidewalk, bike path, or other form of transportation infrastructure; and
(f) To implement relevant provisions of the City of Fairborn Comprehensive Land Use Plan, as may be updated periodically.
(Ord. 34-17. Effective 12-7-17.)
1131.02 APPLICABILITY.
(a) It shall hereafter be unlawful for any person to erect, place, relocate, expand, modify, maintain, or otherwise alter a sign in the City except in accordance with the provisions of this chapter.
(b) Unless otherwise provided, this chapter shall apply to any sign, in any zoning district, that is visible from a public right-of-way or from an adjacent property.
(c) Any sign established prior to the effective date of this code, and which sign is rendered legally nonconforming by the provisions herein, shall be subject to the nonconforming sign regulations of Section 1131.11: Nonconforming Signs.
(Ord. 34-17. Effective 12-7-17.)
1131.03 EXEMPTIONS.
The following signs are entirely exempt from this chapter:
(a) Interior signs within a stadium, open-air theater, shopping center, arena or other use, which signs are not visible from a public right-of-way or adjacent property, and can be viewed only by persons within such stadium, open-air theater, shopping center, parks, arena, or other use.
(b) Any sign located on umbrellas or similarly related private patio furniture or seating provided it is located outside of the right-of-way and complies with any other applicable standards of this code;
(c) Any sign on a truck, bus or other vehicle that is used in the normal course of a business for transportation (See also Paragraph 1131.06(g)(16). or signage required by the State or federal government;
(d) Signs installed by the City, Greene County, State of Ohio, or approved transit agency and which sign is allowed pursuant to the latest version of the Manual on Uniform Traffic Control Devices (MUTCD);
(e) Any warning signs or traffic safety signs required by public utility providers; and
(f) Any holiday lighting, signs, or related decorations.
(Ord. 34-17. Effective 12-7-17.)
1131.04 SIGN PERMIT REQUIRED.
(a) Unless otherwise provided by this chapter, all signs shall require a sign permit that shall be reviewed in the same manner as a zoning permit.
(b) In some instances, a sign may require a building permit and/or floodplain permit and where required, approval of all permits shall be required prior to the installation of the applicable sign.
(c) When any sign is installed, erected, constructed or maintained in violation of any of the terms of this code, the Zoning Administrator shall notify the sign owner or property owner in writing thereof to alter such sign so as to comply with this code.
(d) No permit for any building, structure, or use shall be issued until any abandoned, discontinued, or condemned sign is removed from the property, or modified or replaced by a sign which conforms to the applicable requirements of this chapter and other applicable requirements of the Fairborn Codified Ordinances.
(e) Signs Allowed without a Sign Permit. The following signs or activities do not require a sign permit, but may still be subject to building and floodplain permit requirements. Each sign exempt from the permit process shall still comply with any applicable safety, height, area, and locational standards established in this chapter and shall not count toward other maximum sign area or sign height standards:
(1) Flags that do not contain a commercial message provided there shall be no more than three such flags on any lot;
(2) Signs and/or notices issued by any court, officer, or other person in performance of a public duty;
(3) For the purposes of safety and emergency access, signs indicating the street number of a building or structure are permitted without a sign permit but shall not exceed six square feet in sign area.
(4) Sign face changes where there is no change to the structure including change in sign face area, height, or alteration of the sign cabinet, if applicable (e.g., replacement of a sign face, repainting of a sign face, etc.);
(5) Signs on vending machines, automatic teller machines, or fuel dispensers where the sign area does not exceed eight square feet in area per side;
(6) Commemorative plaques placed by recognized historical or government agencies;
(9) Works of art which do not identify a business, product or service; and
(10) A sign permit is not required for general maintenance, painting, repainting, cleaning and other normal maintenance and repair of a sign or any sign structure unless a structural change is made.
(Ord. 34-17. Effective 12-7-17.)
1131.05 MEASUREMENTS AND CALCULATIONS.
(a) Sign Height. The height of a sign shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and a level plane going through the nearest point of the improved public right-of-way, other than an alley. In the event a sign is equidistant from more than one improved public right-of-way, none of which are alleys, the highest point shall be used.
(b) Sign Area. The surface of a sign to be included when computing maximum allowable square footage of sign area shall be calculated as follows:
(1) When calculating street frontage, only the street frontage that lies in the incorporated area of the City of Fairborn shall be used in the calculation.
(2) All fractions will be rounded to the closest integral number.
(3) For sign copy mounted or painted on a background panel, cabinet, or surface distinctively painted, textured, lighted, or constructed to serve as the background for the sign copy, the sign area shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that encompasses the extreme limits of the background panel, cabinet, or surface. See Figure 1131-A.
(4) For sign copy where individual letters or elements are mounted or painted on a building façade where there is no background panel, cabinet, or surface distinctively painted, textured, lighted, or constructed to serve as the background for the sign copy, the sign area shall be computed by means of the combination of the smallest square, circle, rectangle, triangle, or combination thereof that encloses all the letters or elements associated with the sign. See Figure 1131-B for measurement example.
(5) The calculation of sign area shall not include any supporting framework, bracing, or decorative fence or wall unless such structural support is determined to constitute an integral part of the sign design by means of text or other commercial message, as determined by the Zoning Administrator. See Figure 1131-A.
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(6) In the case of a three-dimensional sign where the sign faces are not mounted back-to-back, the sign area shall be calculated by the smallest square, rectangle or circle that encompasses the profile of the sign message. The profile used shall be the largest area of the sign message visible from any one point.
(7) Except for three-dimensional signs, the sign area for a sign with more than one flat sign face shall be computed by adding together the area of all sign faces when the interior angle is greater than 60 degrees.
(8) When two identical sign faces are placed back to back or at angles of 60 degrees or less, 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 24 inches apart, the sign area shall be computed by the measurement of one of the faces. If the two faces are unequal, the sign area shall be calculated based on the larger of the two faces.
(9) The calculation of the width or lineal measurement of any façade shall be the measurement of the façade between two side facades. The calculation shall be based on viewing the façade from a 90-degree angle (i.e., straight on), regardless of façade insets, offsets, or angles. See Figure 1131-C.
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(Ord. 34-17. Effective 12-7-17.)
1131.06 GENERAL REGULATIONS.
Unless otherwise specifically stated, the following regulations shall apply to all signs within the City:
(a) All signs shall comply with applicable provisions of the all applicable building codes, electrical codes, or other applicable City codes.
(b) All permanent signs shall be accessory to a principal use or development of land. Permanent signs shall be prohibited on unimproved properties.
(c) No sign or sign structure shall be placed on private or public property without the written consent of the owner or agent thereof.
(d) No sign or sign structure shall be erected at any location where it may interfere with, or obstruct the view of vehicles. All signs shall comply with the clear vision triangle requirements of this code.
(e) All signs shall be secured in such a manner as to prevent swinging or other significant noticeable movement, not including movement related to signs with changeable copy.
(f) Sign Materials.
(1) No exterior portion or display area of any permanent exterior sign open to the elements shall be constructed of converted, laminated, manufactured or processed materials, such as and including, but not limited to, paper, unfinished, unsealed, or untreated non-exterior grade plywood, pressboard, wafer-board, cardboard, polystyrene foam or similar material not generally recognized and expressly designed for sign construction, erection and operation. Fabric and canvas shall be prohibited unless used in conjunction with awning or canopy signs.
(2) All exterior portions and display areas of any permanent exterior sign open to the elements shall be constructed of any of the following materials: aluminum, brick, glass plastic, painted, treated or stainless steel, stone including cultured stone, rough-faced block, thermoplastic, vinyl; finished, sealed or treated exterior grade wood, or similar compatible materials in any combination generally recognized and expressly designed for sign construction, erection and operation. Fabric and canvas shall be permitted when used in conjunction with awning or canopy signs.
(3) Composite, compounded or synthetic matter or materials not generally recognized and expressly designed for sign construction, erection, and operation may be approved by the Zoning Administrator.
(4) Incorporation of materials matching or compatible to the materials used in the construction of the principal structure is encouraged in the design of proposed permanent exterior signs.
(5) All signage attached to vehicles or trailers shall be magnetic, a decal or painted on the vehicle or trailer.
(g) Prohibited Signs. The following types of signs are specifically prohibited within the City:
(1) Any sign that obstructs or interferes with fire ingress or egress from any door, window, or fire escape, or that obstructs or interferes with traffic or traffic visibility, or resembles or imitates signs or signals erected by the City or other governmental agency;
(2) A sign located in any other location that creates a hazard in the opinion of the Zoning Administrator or the City Engineer;
(3) Windblown devices;
(4) Helium, gas, or other air or gas filled balloons, signs, or similar inflatable devices located on, attached to, or anchored by structures, vehicles, the ground, or anything connected to or on the ground.
(5) Signs that employ any parts or elements which revolve, rotate, whirl, spin or otherwise make use of motion to attract attention. This shall not include changeable copy signs as allowed in this chapter.
(6) Signs with moving or flashing lights, except as noted in the changeable copy sign section;
(7) Beacons and searchlights, except for emergency purposes;
(8) Any sign which emits audible sound, odor or matter unless the sign is part of a drive-through facility approved under this code and pursuant to the drive-through sign regulation in Section 1131.09(h).
(9) Pennants or streamers;
(10) Signs that are applied to trees, bus shelters, utility poles, benches, trash receptacles, newspaper vending machines or boxes, or any other unapproved supporting structure, or otherwise placed in the public right-of-way;
(11) Any sign located in a public right-of-way unless otherwise specifically stated in this chapter;
(12) Signs attached to, painted on, or supported by accessory uses or structures with the exception of banner signs that may be attached to fences or wall in accordance with the temporary sign regulations;
(13) Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure unless specifically permitted as a temporary sign;
(14) Signs mounted on or above the roofline of any building;
(15) Portable signs unless the specific sign type is permitted as a temporary sign;
(16) Vehicle signs viewed from a public road with the primary purpose of providing signage not otherwise allowed by this chapter. A vehicle sign shall be considered to be used for the primary purpose of advertising if the vehicle fails to display current license plates or inspection sticker, if the vehicle is inoperable, if the sign alters the standard design of such vehicle. Vehicle signs include those attached to or placed on a vehicle or trailer. Vehicles or trailers shall not be parked continuously in one location to be used primarily as additional signage. This does not apply to a vehicle parked at a driver's residence and/or where it is the primary means of transportation to and from his or her place of employment; and
(17) Any other sign not expressly permitted or exempt from these regulations or any sign that does not comply with this chapter.
(h) Signs in Rights-of-Way.
(1) No part of a privately-owned sign shall be located or project within the public right-of-way or railroad right-of-way unless specifically authorized through a revocable encroachment permit in Chapter 1323 of the City of Fairborn Codified Ordinances, but in no case shall a sign be:
A. Closer than two feet from a vertical plane extended above the curb or edge of pavement when there is no curb.
B. Allowed to be erected or maintained within any tree lawn, or any other part of the public right-of-way at or near grade, not normally accessible to vehicular or pedestrian traffic.
(2) The Zoning Administrator or their designee may remove or cause to be removed any unlawful sign in the public right-of-way. The sign will be destroyed or disposed of within ten days of removal unless claimed by owner.
(3) Publicly-owned signs such as traffic and emergency signs shall be permitted within the right -of-way as required.
(4) Publicly-owned signs or signs authorized by the Zoning Administrator, City Manager, or Council such as, but not limited to, entrance signs, gateway signs and other signs which serve to identify major entrances, corridors or parts of the City shall be permitted within the right-of-way as required, subject to applicable building regulations.
(i) Changeable Copy. The following standards shall apply to all electronic message centers allowed in this chapter:
(1) Any message change shall be a static, instant message change that means that the sign does not produce any apparent motion of the visual image, including but not limited to illusion of moving objects, moving patterns or bands of light, expanding or contracting shapes, rotation or any similar effect of animation;
(2) Messages can only change once every five seconds or more;
(3) The transition time between messages shall be less than one second;
(4) All electronic message centers shall contain a default mechanism that will cause the sign to revert immediately to a black screen or will be turned off if the sign malfunctions;
(5) Any sign that incorporates a change of illumination shall not be permitted within 1,000 feet of another sign that incorporates a change of illumination on the same side of a roadway visible in the same direction of travel.
(6) Only Light Emitting Diodes (LED) technology or similar quality signs shall be permitted for electronic message centers; and
(7) Brightness Controls.
A. The electronic message center shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions.
B. The brightness level shall not increase by more than 0.3 foot candles (or 3.23 lumens per square meter or lux) (over ambient levels) as measured using a foot candle meter at a pre-set distance.
C. The procedure and distances for measurement of brightness shall be as established by the International Sign Association's Recommend Night- time Brightness Levels for On-Premise Electronic Message Centers.
(j) Sign Illumination.
(1) All signs, except as specifically stated in this chapter, may be illuminated by internal or external light sources, provided that such source of 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. Signs shall not be lighted so as to obstruct traffic control or other public signs installed by a governmental agency ; and
D. Not utilize flames as a source of light.
(2) The following types of illumination are prohibited in the DC District:
A. Internal illumination not confined to sign letters, numbers, characters, symbols, and logos;
B. Fiber optics and other high-intensity signs, which exhibit glare and high contrast within their surroundings; and
C. Any external illumination which casts glare or other visual disturbance on any storefront, façade, sidewalk, right-of-way, or any other private or public property.
(k) Landscaping Permanent Monument Signs.
(1) All permanent 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 any landscaping requirements of this code.
(2) The landscaped area shall include all points where sign structural supports attach to the ground.
(3) Exposed sign foundations shall be constructed with a finished material such as brick, stone, or wood, or be screened with evergreens to the top of the anchor bolts.
(4) The required landscaped area shall contain materials such as, but not limited to, vegetative ground covers, perennials, shrubs, and ornamental trees covering at least fifty percent (50%) of the defined landscaped area at maturity. Artificial plant materials shall not be included in fulfilling this requirement.
(5) Season permitting, all landscaping and related plantings shall be installed within 60 days from the date of issuance of the sign permit, but in no case shall said installation be completed later than April 30th of the next calendar year.
(6) The property owner shall be responsible for landscape installation and maintenance in accordance with Section 1131.12.
(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)
1131.07 PERMANENT SIGNS PERMITTED IN PLANNED UNIT DEVELOPMENT DISTRICTS (PUD).
All development in a PUD shall be subject to the standards of this chapter unless otherwise modified through the PUD review and approval process.
(Ord. 34-17. Effective 12-7-17.)
1131.08 PERMANENT SIGNS PERMITTED IN RESIDENTIAL DISTRICTS.
The following are the permanent signs allowed in C, SR, UER, MDR, and MHP zoning districts or for a residential uses within a PUD, along with all applicable standards:
(a) Signs for Individual Dwellings.
(1) 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 square feet for dwellings with up to four dwelling units or six feet for dwellings that contain five or more dwellings.
(2) Such sign shall not be directly illuminated.
(3) The wall sign shall not protrude more than six inches from the wall or face of the building to which it is attached.
(4) The wall sign may be painted or mounted directly on the building façade.
(b) Signs at Entrances. Two wall signs or one permanent monument sign may be permitted for any subdivision or multi-family dwelling development that is 10 acres or larger provided that the sign meets the following requirements:
(1) General Standards.
A. Each sign may have a maximum sign area of 36 square feet.
B. No such sign or any portion of the structure shall exceed six feet in height.
C. The sign may only be illuminated through an external light source.
D. The sign shall be an on-premise sign.
(2) Monument Sign.
A. A maximum of one monument sign may be permitted for each entrance to the subdivision or development on a collector or arterial street, as determined by the Zoning Administrator.
B. The monument sign shall be set back from the right-of-way so as to comply with the clear vision triangle requirements.
C. If an applicant proposes to use a monument sign, no wall signs, as allowed in Section 1131.08(b)(3), below shall be permitted.
(3) Wall Signs on Entry Fences or Entry Walls.
A. A maximum of two wall signs may be permitted for each entrance to the subdivision or development on a collector or arterial street, as determined by the Zoning Administrator.
B. If two signs are utilized, the signs shall be separated by a minimum of 50 feet.
C. The signs shall be mounted to a decorative wall or fence that generally runs parallel with the street.
D. If an applicant proposes to use wall signs, no monument sign, as allowed in Section 1131.08(b)(2), above shall be permitted.
(c) Signs for Nonresidential Uses in Residential Zoning Districts.
(1) One permanent monument sign may be permitted on a lot containing a nonresidential use in a residential zoning district provided the sign meets the following requirements:
A. The sign shall be set back a minimum of 10 feet from any adjacent lot lines.
B. The monument sign shall be set back 10 feet from the right-of-way so as to comply with the clear vision triangle requirements.
C. The maximum sign area shall be 36 square feet.
D. No such sign or any portion of the structure shall exceed eight feet in height.
E. The sign may include manual changeable copy or electronic message centers provided that the total area of changeable copy signage does not exceed 50 percent of the total sign area and complies with the applicable requirements of Section 1131.06(i): Changeable Copy.
F. On additional permanent monument sign may be allowed in accordance with this section if the lot has more than 750 feet of frontage along a public way that does not include an alley. Where two signs are installed, such signs shall be separated by a minimum of 250 feet.
(2) Building signs shall be permitted for all nonresidential uses in a residential district in the same manner as permitted for nonresidential uses in the NCTR District. This shall not apply to signs located on lots used exclusively for residential dwellings where signage is controlled by Section 1131.08(a): Signs for Individual Dwellings.
(Ord. 34-17. Effective 12-7-17.)
1131.09 PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS.
(a) The standards in this subsection are for permanent signs allowed in all districts except the C, SR, UER, MDR and MHP residential zoning districts.
(b) Buildings, developments, or subdivisions that are 100 percent residential in any nonresidential district, shall be subject to the permanent sign allowances established in Section 1131.08 Permanent Signs Permitted in Residential Districts.
(c) Window Signs. Window signs do not require a sign permit provided they comply with the following standards:
(1) Window signs shall not occupy more than 50 percent of the window area in any nonresidential districts except in the DC District where the maximum coverage shall be 25 percent of the window area. See Figure 1131-D for locations used in the calculation of sign area. The sign area is based on the window area, regardless of the presence of an awning or window panel supports and other minor architectural elements of windows and doors.
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(2) Window signs may be temporarily or permanently attached.
(3) Acceptable window sign application techniques are sandblasted or etched glass, professionally painted lettering, professionally or custom fabricated and applied vinyl, metal leaf and stained glass.
(4) In addition to the above, one window sign with a maximum sign area of two square feet may be comprised of an electronic message center that are subject to the applicable standards of Section 1131.06(i): Changeable Copy.
(d) Building Signs. Building signs are permitted on all principal structures in accordance with the following:
(1) The building sign area allowed in Table 1131-1 shall include the total amount of all awning, canopy, projecting, suspended, flag banner, or wall signs on each façade wall. Standards for each individual building sign type are established in this section.
(2) Building signs shall not extend parallel beyond a building facade, wall, or story, nor should they extend above the top of the roofline of the building to which it is attached.
(3) Building signs may not be attached to mechanical equipment or roof screening.
(4) Signs shall be mounted or erected so they do not obscure the architectural features or openings of the building.
(5) Building signs shall not include electronic message centers unless otherwise specifically stated.
(6) Size.
A. This section establishes the maximum sign area permitted for all building signs based on the district, building, and/or use that they serve.
B. There is no maximum number of building signs but the total square footage of building signs located on a single façade shall comply with the requirements of this section.
C. An applicant may provide signage on any façade but shall not combine the total amount of building sign area permitted on each facade and apply it to any single façade.
D. Any sign that is incorporated into a building as an architectural element shall be classified as a building sign.
E. The amount of building signs permitted shall be based on the façade width of the principal building regardless if the signs are to be attached to accessory buildings, gas pumps, gas pump islands, or similar accessory structures.
F. The amount of building signs permitted as part of a PUD shall be established within the PUD approval.
Building Type/Occupancy | PO, NCTR, NC, and DC Districts | CI, CC, GC, and LI Districts |
Single-Tenant or Multi-Tenant Buildings [1] | 2.0 square foot of sign area per lineal foot of facade width | 2.5 square foot of sign area per lineal foot of facade width |
Large-scale nonresidential buildings with a single tenant that exceeds 150,000 square feet of gross floor area | Not Applicable | The sign area shall not exceed 5 percent of the total facade area and shall not exceed 35 percent of the height of the facade, as measured from the bottom most point of the message to the top most point of the message [2] |
Notes: [1] For buildings with multiple tenants, the ratio shall be applied to each lineal foot of building facade width assigned to each individual tenant. [2] Signs shall be limited to wall signs. | ||
(7) Wall Signs.
A. Wall signs shall be mounted on or flush with a wall and shall not protrude more than 12 inches from the wall or face of the building to which it is attached in the DC District or 24 inches for all other areas in nonresidential zoning districts.
B. A wall sign may be painted directly on a building wall, mounted on the façade wall, or mounted on a raceway.
C. Permanent signs that are attached to gas pumps or gas pump islands that that can be read or understood from a public street by most persons of normal vision shall be considered a wall sign for the purposes of this chapter.
D. A wall sign shall utilize hidden rust -proof structural supports and all sign lighting and wiring components shall be concealed from public view.
(8) Awning or Canopy Signs. Any canopy or awning sign allowed pursuant to this section shall comply with the following standards:
A. Signage shall not cover more than 50 percent of any individual awning, or canopy.
B. All components of the awning or canopy shall have a minimum clearance of eight feet from the sidewalk and 15 feet above any driveway or vehicular use area.
(9) Flag Banner Signs.
A. Only one flag banner sign is allowed for any one business establishment at one time.
B. Flag banner signs shall be mounted on the building wall either by bracket or by a pole.
C. The maximum sign area of a flag banner sign shall be six square feet.
D. The bottom of the flag banner sign shall be no lower than nine feet measured from grade of the property line closest to the flag banner sign.
E. Flag banner signs shall not extend beyond three feet over the sidewalk measured from their point of mounting on the storefront wall.
F. Flag banner sign mounting devices shall have structural integrity as authorized by the Zoning Administrator.
(10) Projecting or Suspended Signs.
A. Only one projecting or one suspended sign shall be permitted for each tenant and must be located within five feet of the customer entrance as measured parallel from the façade opening to the nearest part of the sign.
B. A projecting sign shall be perpendicular to the wall of the building to which it is attached.
C. A suspended sign may be attached to the ceiling of an outdoor arcade or underneath a canopy or awning if it complies with the sign area, height, and clearance standards of this section.
D. The maximum sign area for a projecting sign shall be six square feet.
E. The maximum sign area for any single suspended sign shall be four square feet.
F. All components of the projecting sign shall have a minimum clearance of nine feet above a sidewalk or any walkway and 15 feet above any driveway or portion of a private lot used for vehicular circulation.
G. Projecting signs shall not be internally illuminated.
H. The façade mounting bracket design shall be integrally planned and detailed and shall be ornamental in nature. Brackets shall be consistent or similar in design throughout their use on any particular building.
I. Projecting and suspended signs must be suspended from brackets approved by the Zoning Administrator and contain no exposed guy wires or turnbuckles.
(e) Monument Signs.
(1) The following standards apply to monument signs that are allowed in all nonresidential zoning districts outside of the DC District in accordance with this section.
A. One permanent monument sign shall be permitted on lots with a minimum of 50 feet of lot frontage, in accordance with the provisions of this chapter.
B. For corner lots, one permanent monument sign shall be permitted in accordance with this section on each frontage but the sign area allowed shall be based on the individual frontages.
C. A monument sign shall not exceed one-half (1/2) square foot of sign area per one linear foot of lot frontage, not to exceed 50 square feet.
D. Monument signs that are not illuminated in any manner shall be set back a minimum of 5 feet from any residential lot line. All other monument signs shall be set back a minimum of 25 feet from any residential lot line. All monument signs shall be set back a minimum of 10 feet from the right-of-way so as to comply with the clear vision triangle requirements.
E. The maximum height of the sign shall be 10 feet at the minimum setback line, and for every additional two feet of sign setback, one foot maybe added to the sign height not to exceed a total sign height of 16 feet.
F. The sign may include manual changeable copy or electronic message centers provided that the total area of changeable copy signage does not exceed 50 percent of the total sign area in the PO, NC, and NCTR Districts and 75 percent in the CI, CC, GC, and LI Districts. Such signs shall also comply with the applicable requirements of Section 1131.06(i): Changeable Copy.
G. One additional permanent monument sign may be allowed on a lot, in accordance with this section, if one of the following situations exists:
i. If the lot has more than 750 feet of frontage along a public way that does not include an alley. Where two signs are installed under this situation, such signs shall be separated by a minimum of 250 feet; or
ii. If a lot has a minimum of 100 lineal feet of frontage along an expressway, in which case the additional sign shall be set back a minimum of 25 feet from the expressway right-of-way and the height shall not exceed 16 feet.
(2) Signs at entrances allowed in Section 1131.09(h) shall not be counted as a monument sign allowed under this section.
(3) Monument signs are prohibited in the DC District with the exception of the following, which are allowed specifically for uses fronting East Main Street, east of Pleasant Avenue:
A. Each building may have an externally illuminated monument sign no wider and no higher than 30 inches.
B. Additionally, a second monument sign may be provided at the rear entrance provided it is no wider and no higher than 24 inches.
(f) Signs at Private Driveway Entrances or Intersections. Permanent signs shall be permitted near driveway entrances to a street and at intersections of internal drives under the following provisions:
(1) Driveway signs are not permitted in the DC District.
(2) Driveway signs shall be set back at least 15 feet from any adjacent residential lot line but are not otherwise subject to minimum setback standards. In no case shall a driveway sign be located in a right-of-way.
(3) In no case shall a driveway sign be set back more than 25 feet from the driveway entrance or intersection of internal drives;
(4) Two signs may be permitted per individual driveway or internal intersection;
(5) The sign may not exceed two square feet in area and three feet in height.
(6) Driveway signs may be internally or externally illuminated.
(g) Signs at Entrances.
(1) For subdivisions or development parks designed for nonresidential uses that have a development size of at least 10 acres and contains five or more individual lots, such subdivision or park may incorporate one monument sign within 150 feet of an entrance point into the subdivision or park in accordance with this section.
(2) The entrance sign shall be subject to the same standards as Section 1131.08(b): Signs at Entrances, with the following exceptions:
A. The maximum sign area shall be 50 square feet.
B. The maximum height of the monument sign shall be 10 feet.
C. The sign shall be set back a minimum of 75 feet from any residential lot line.
E. If this sign is utilized, no other monument sign shall be located within 50 feet of the entrance sign on the same street or road on which the park has access.
F. Provided the subdivision is recorded and the zoning is for a nonresidential zoning district, the sign may be placed even if no construction has taken place on any of the lots.
G. Signs at entrances may only be externally illuminated.
(h) Drive-Through Signs.
(1) Two drive-through signs shall be allowed for each stacking lane in a drive-through facility provided it does not exceed 36 square feet in sign area. If the sign is completely screened from view from any right-of-way or adjacent residential uses, there shall be no maximum sign area.
(2) Drive-through signs shall only be permitted in a side or rear yard.
(3) Drive-through signage shall not be included in the total calculated allowed signage for a property under the remainder of this chapter. Any signs attached to a wall of building or the structure shall be calculated as part of the building signage allowance in Section 1131.09(e).
(4) No drive-through sign shall exceed six feet in height measured from the grade of the adjacent driving surface to the top of the sign.
(6) Drive-through signs may be internally or externally illuminated.
(7) The Minimum Landscape area for each drive-through sign shall be equal to or greater than the total area of the sign.
(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)
1131.10 TEMPORARY SIGNS.
The following temporary signs shall be permitted anywhere within the City provided they meet the established standards.
(a) Standards that Apply to all Temporary Signs.
(1) Temporary signs shall not be mounted, attached, affixed, installed, or otherwise secured in a manner that will make the sign a permanent sign.
(2) No temporary sign shall be mounted, attached, affixed, installed, or otherwise secured so as to protrude above the roofline of a structure.
(3) Unless otherwise specifically stated, temporary signs shall not be illuminated.
(4) No temporary sign shall require a foundation, support, wiring, fittings, or elements that would traditionally require a building permit or electrical permit.
(5) No streamers, spinning, flashing, or similarly moving devices shall be allowed as part of or attachments to temporary signs.
(6) All temporary signs shall be secured in such a manner as to prevent swinging or other significantly noticeable movement resulting from the wind that could pose a danger to people, vehicles, or structures.
(7) Mobile signs on wheels, runners, casters, parked trailers, parked vehicles, or other temporary or movable signs shall not be permitted unless otherwise specifically stated in this chapter.
(8) Because of the nature of materials typically used to construct temporary signs and to avoid the unsightliness of deteriorating signs and all safety concerns which accompany such a condition, temporary signs shall be removed or replaced when such sign is deteriorated.
(b) Sign Permits for Temporary Signs.
(1) Unless otherwise stated, a sign permit for temporary signs shall be required for temporary signs that exceed 12 square feet.
(2) Only one sign permit for a temporary sign shall be issued to the same business license holder, on the same site, for the same business at any one time.
(c) Temporary Signs in Residential Zoning Districts. The following temporary signs are allowed in the C, SR, UER, MDR and MHP zoning districts or on residential lots within a PUD along provided they comply with all applicable standards:
(1) A maximum of 24 square feet of total temporary sign area is allowed on any single lot.
(2) The signs are limited to yard signs or banner signs subject to the sign-specific standards in Section 1131.10(e): Standards for Temporary Sign Types.
(3) The maximum sign area for any individual sign shall be six square feet with a maximum height of four feet in the C, SR, UER and MHP zoning districts.
(4) The maximum sign area for any individual sign shall be 12 square feet with a maximum height of six feet in the MDR district.
(5) In lieu of the above regulations, any nonresidential use located in a residential zoning district shall be permitted the same amount of temporary commercial signs as allowed in the NCTR District pursuant to Section 1131.10(d): Temporary Signs in Nonresidential Zoning Districts.
(d) Temporary Signs in Nonresidential Zoning Districts. The following temporary signs with a commercial message are allowed in the CI, PO, NCTR, NC, CC, GC, DC and LI nonresidential zoning districts or on lots used for nonresidential purposes within a PUD:
(1) Signs Allowed for an Unrestricted Time. The following temporary signs are allowed without any time restrictions subject to all other applicable standards in this code:
A. A maximum of 24 square feet of total temporary sign area is allowed on any single lot.
B. The signs are limited to yard signs or banner signs subject to the sign-specific standards in Section 1131.10(e): Standards for Temporary Sign Types
C. The maximum sign area for any individual sign shall be 12 square feet with a maximum height of six feet.
(2) Additional Signs with Time Limitations.
A. In addition to the temporary signs allowed in Section 1131.10(d)(1) above, Table 1131-2 establishes the total square footage, height, and allowances for temporary signs allowed in the applicable nonresidential zoning district.
B. Each sign shall be subject to the standards established for each applicable sign type in this section.
Sign Type | Districts Allowed | Maximum Sign Area (Square Feet) | Maximum Sign Height (feet) | Time Limits |
A-Frame or T- Frame Sidewalk Signs | All Districts | 9 | 4 | |
Banner Signs | All Districts | |||
Feather Signs | All Districts except in the DC District | 20 | 8 | 15 consecutive days, two times per calendar year |
Yard Signs | All Districts | 24 | 6 | 15 consecutive days, four times per calendar year |
(e) Standards for Temporary Sign Types.
(1) A-Frame or T-Frame Sidewalk Signs.
A. There shall be no time limit for sidewalk signs with the exception that the sign shall only be placed outside during the hours of the establishment's operation.
B. Only one sidewalk sign is allowed per each first floor business establishment at one time.
C. A sign permit shall be required for the initial placement of the sign, regardless of the size of the sign.
D. The sign may be located on a public or private sidewalk or walkway provided it is placed on pavement and not in any landscaped areas or on pavement used for vehicles (e.g., driveways and parking lots).
E. If the sign is placed on a sidewalk or walkway, the sign can only be placed where the paved sidewalk or walkway width, not including curb top, is at least seven feet wide. The width and placement of the sign shall be such so that there shall be a minimum width of four feet of clear and passable sidewalk or walkway for pedestrians.
F. The sign must be freestanding and shall not be affixed, chained, anchored, or otherwise secured to the ground or to any pole, parking meter, tree, tree grate, fire hydrant, railing, or other structure.
G. The sign must not obstruct access to parking meters, bicycle racks and other features legally in the right-of-way.
H. The sign must not interfere with the opening of car doors in legal spaces, or with the operation of wheelchair lifts and ramps, cab stands, loading zones or bus stops.
I. Any area designated for emergency access or off-street parking, circulation and loading shall not contain a sign.
J. The sign shall be internally weighted so that it is stable and windproof so as to resist wind gusts of up to ten miles per hour.
K. The City of Fairborn shall be held harmless from any liability resulting from accident or injury caused by the placement and/or maintenance of such sign.
L. Banners, pennants, streamers or similar wind or air driven devices attached to or otherwise used in conjunction with the sign are prohibited.
(2) Banner Signs.
A. There shall be no maximum number of banner signs provided the aggregate total square footage of all banner signs does not exceed the maximum sign area allowed in Section 1131.10(c) for residential uses or 36 square feet per establishment for nonresidential uses with the exception of paragraph 1131.10(e)(2)E below.
B. Banner signs may be attached to a building, fence, or other similar structure. Banner signs attached to posts and mounted in a yard or landscaped area shall be regulated as a temporary yard sign.
C. The maximum height standard for temporary signs shall not apply to a banner sign but such signs shall not be mounted in a manner that extends above the roofline of a building or the top of the structure on which it is mounted.
D. Banner signs shall be permitted for up to 15 consecutive days, four times per calendar year with the exception of paragraphs (e) below.
E. For zoning permit applications related to the establishment of a new use within an existing building where there is existing permanent sign, a banner sign may be approved for up to 60 consecutive days to cover the existing permanent signs. Such banner sign shall not exceed the sign area of the permanent sign and shall require a sign permit.
(3) Feather Signs.
A. There shall be a maximum of two feather signs allowed on any lot at one time.
B. There shall be a minimum separation distance of 50 feet as measured along the street frontage.
C. The signs shall be securely anchored in the ground or within a portable base designed for such function.
D. The sign shall be setback from any right-of-way and any parking space a minimum distance equal to its height.
(4) Yard Signs.
A. There shall be no maximum number of yard signs provided the aggregate total square footage of all yard signs does not exceed the maximum sign area allowed in Section 1131.10(c) for residential uses or Table 1131-2 for nonresidential uses.
B. There shall be a maximum of two faces to the sign, mounted back-to-back.
(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)
1131.11 NONCONFORMING SIGNS.
(a) All signs that do not conform to the specific standards of this code may be considered legally nonconforming if the sign was erected in conformance with a valid sign permit and complied with all applicable laws at the time of the sign's installation or if the sign was part of a property that was annexed to the City.
(b) A sign shall lose its legal nonconforming status and must be brought into compliance with the provisions of this chapter by an application for, and issuance of, a sign permit or by complete removal, if any of the following occurs:
(1) If such sign is damaged to an amount exceeding 50 percent of the sign's replacement value, as determined by at least two sign companies requested to provide a quote;
(2) The structure of the sign is altered in any form;
(3) The sign is relocated;
(4) The sign is defined as a temporary sign and has been in use for more than one year following the effective date of this amendment; or
(5) The nonconforming sign and its structure (including support and frame and panel) are determined by the Zoning Administrator to be unsafe or in violation of this code and are declared a nuisance.
(c) Failure to bring a sign into compliance after loss of a legal nonconformity status as defined in (B) above shall cause the sign to be considered an illegal sign.
(d) Minor repairs and maintenance of nonconforming signs, such as repainting, electrical repairs and neon tubing repair shall be permitted.
(e) Sign face changes where there is no change to the nonconforming sign structure including change in sign face area, height, or alteration of the sign cabinet, if applicable, may be made without a sign permit and without losing the legal nonconforming status of the sign. These actions include, but are not limited to, replacement of a sign face within a pre-existing sign cabinet, repainting of a sign face where the message does not change, etc.
(Ord. 34-17. Effective 12-7-17.)
1131.12 SIGN RESPONSIBILITY, MAINTENANCE, MODIFICATION, REPLACEMENT OR REMOVAL.
(a) Every sign shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of a defective part, painting, cleaning, and other acts required for the maintenance of the sign.
(b) The sign owner or property owner shall be responsible for sign maintenance and repair.
(c) If any sign reaches a state of disrepair or is deemed unsafe by the Zoning Administrator, and is not properly renovated, it shall be condemned and an order issued for immediate removal at the expense of the sign owner or property owner.
(d) By order of the Zoning Administrator a sign shall be removed whenever the use of a building or premises by a specified business or other establishment is discontinued by the owner or occupant for a period of 90 days, the sign permits for all signs pertaining to that business or establishment that were installed by the occupant or owner shall be deemed to have lapsed, and the signs shall be removed, as well as all signs which do not conform to the standards of this code.
(e) A sign shall not stand with bent or broken sign facing, with broken supports, with loose appendages or struts, or more than 15 degrees from vertical for a period of more than ten days.
(f) Whenever a sign is to be removed pursuant to the requirements of this section, all parts of the sign and supporting structure (e.g., monument, cabinet structure, etc.), excluding buildings for wall, projecting, or similar signage, shall be removed in its entirety. This section shall not require the removal of a raceway if mounted to such structure on a building.
(g) When any sign is installed, erected, constructed or maintained in violation of any of the terms of this code, the Zoning Administrator shall notify the sign owner or property owner in writing thereof to alter such sign so as to comply with this code.
(h) No permit for any building, structure or use shall be issued until any abandoned, discontinued, or condemned sign is removed from the property, or modified or replaced by a sign which conforms to the applicable requirements of this chapter and other applicable requirements of the Fairborn Codified Ordinances.
(Ord. 34-17. Effective 12-7-17.)
1131.13 PENALTY.
Any person who violates a provision of this Chapter is guilty of a separate misdemeanor offense for each day or portion of a day during which the violation is committed, continued or permitted, and each offense is punishable by a fine as established by City Council.
(Ord. 34-17. Effective 12-7-17.)