The purpose of this Chapter is to protect the general health, safety and welfare of the community by providing an instrument for protecting the physical appearance of the community and for encouraging high quality, effective outdoor graphics for purposes of navigation, information and identification. It is the intent of this Chapter to provide businesses in the City with equitable sign standards in accordance with fair competition and aesthetic standards acceptable to the community and to provide the public with a safe and effective means of locating businesses, services, areas and points of interest in the City. This Chapter is based on the premise that signs are as much subject to control as are noise, odors, debris and similar characteristics of land use and that if signs are not controlled and regulated they can become a nuisance to adjacent properties or the community in general or depreciate the value of other properties in the community. This Chapter shall be interpreted in a manner consistent with the United States Constitution’s First Amendment guarantee of freedom of speech.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13-20.)

   (a)   As used in this Chapter:

      Approved combustible material: Wood or materials not more combustible than wood, and approved combustible plastics.

      Approved combustible plastics: Only those plastics which, when tested in accordance with the American Society for Testing Materials (A.S.T.M.) standard method for testing flammability of plastics over five hundredths (0.050) inch in thickness (D635-44), burn no faster than two and one-half (2.5) inches per minute in sheets of six hundredths (0.060) inch thickness.

      Banner: Any sign printed or displayed upon cloth or other pliable material.

      Billboard or off-premises sign: Any permanent sign and related structure advertising, or intended to advertise an establishment, merchandise, event, service, or entertainment that is not sold, produced, manufactured or furnished at the property on which the sign is located.

      Electronic changeable copy sign: A sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means (for example, time and temperature units), or manually through placement of letters or symbols on a panel mounted in or on a track system.

      Ground sign: A sign supported by one (1) or more poles, uprights or braces in or upon the ground, which are not a part of the building.

      Illuminated boxed wall sign: An internally illuminated sign within a boxed frame with a single panel face as opposed to individually illuminated letters.

      Instructional sign: A sign clearly intended for instructional purposes which shall be determined by the Zoning Administrator. The sign shall be exempt from the sign area of wall, ground and window signs, provided that such a sign is not larger than necessary to serve the intended instructional purpose, and such a sign is not in a location, nor includes design characteristics, that constitute or serve the purposes of a wall, ground and window sign as otherwise regulated in this Chapter.

      Portable sign: Any sign not securely anchored in or to the ground or a building, and includes, but is not limited to, any sign mounted on wheels, casters or rollers or otherwise constructed so as to be readily movable from place to place.

      Projecting sign: A sign which projects from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall.

      Roof sign: A sign erected upon or extending above a roof or above the parapet of a building.

      Shopping center: A place built and intended to be used for retail shops, department stores, restaurants and other allied businesses and consisting of at least forty-three thousand five hundred sixty (43,560) square feet of area, including all buildings, parking and required green space.

      Shopping center banner: A banner mounted on a light pole on the property of a shopping center in a designated parking lot, and framed on at least two (2) sides.

      Sign: Every sign, ground sign, wall sign, temporary sign, pylon or pole sign, marquee, awning, canopy and street clock, that includes any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed outside of doors in view of the general public.

      Single window: All the glass area that has not less than a four (4)-inch separation from other glass areas.

      Structural trim: The molding battens, cappings, nailing strips, latticing, platforms and letters, figures, characters or representations in cut-out or irregular form which are attached to the sign structure.

      Temporary sign: A sign of any size or material which advertises an offering or an interest of limited duration, including, but not limited to, signs advertising a political candidacy or issue, a special sale of goods or services and signs offering the property upon which they are posted for sale or lease.

      Vehicle sign: A vehicle sign shall be considered to be used for the primary purpose of advertising if the vehicle fails to display current license plates, if the vehicle is inoperable, or if the vehicle is parked continuously in one location for a period of seven consecutive days to be used as additional signage. Vehicle signs include those attached to or placed on a vehicle or trailer. This does not apply to a vehicle parked at a driver’s residence and is the primary means of transportation to and from the resident’s workplace.

      Window sign: Any sign painted on, attached or affixed to the interior or exterior surface of windows or doors of a building or placed within two (2) feet of the window with the intention to be seen through a window or door. However, window signs shall not include lettering and logos (not attached to the window) that are clearly related and accessory to window displays of merchandise sold on the premise.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13- 20.)

   (a)   The following signs are prohibited in the City:

      (1)   Roof signs;

      (2)   Any sign using flashing, rotating or animated features;

      (3)   Revolving beacons used in any manner;

      (4)   Portable signs;

      (5)   Search lights;

      (6)   Signs on vending machines, trash bins or other devices serving the premises which are not screened from view from any public right-of-way;

      (7)   Illuminated boxed wall signs;

      (8)   Balloon signs or windblown devices;

      (9)   Vehicle signs;

      (10)   Billboards.

      (11)   Any sign not specifically allowed by this chapter.

   (b)   The following signs are entirely exempt from this Chapter:

      (1)   Any works of art that do not contain a commercial message;

      (2)   Any sign on a vehicle that is used in the normal course of a business for transportation (see also Section 1298.02);

      (3)   Signs installed or required by the City of Fairlawn, Summit County, State of Ohio, federal government, or approved transit agency;

      (4)   Signs shall be allowed pursuant to the latest version of the Manual on Uniform Traffic Control Devices (MUTCD);

      (5)   Any sign located inside a building that is mounted more than two feet beyond a transparent window or door;

      (6)   Any signs located on a fuel pump or similar structures that is not legible from the lot line.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7- 13-20.)

   (a)   No sign or banner shall be erected, constructed, altered, rebuilt or relocated except as provided in this Chapter and until a permit therefore has first been issued by the Zoning Administrator.

   (b)   Two (2) copies of the application for a permanent sign permit shall be made in writing, in form prescribed by the Zoning Administrator, who shall require the submission of such information as is required for a complete understanding of the proposed sign and work, which shall include:

      (1)   A complete site plan or photograph showing the exact location of the sign and its relationship to the building, the locations and square footage areas of all existing signs on the site, the adjacent parcels and parking lots, drives and sidewalks.

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

      (3)   The method of illumination, if any.

   (c)   For a temporary sign, the applicant shall submit two (2) copies of drawings indicating the size and location of the sign.

      (1)   Temporary signs in a residential district shall not require a sign permit.

   (d)   The issuance of a permit for any temporary sign or banner shall be conditioned upon the applicant agreeing in writing that at the expiration of the term of such permit, the applicant will promptly remove such sign and that, upon the failure to do so within three (3) days after expiration of such permit, the City may remove and destroy or otherwise dispose of such sign at the applicant's expense.

   (e)   Permits for temporary signs shall authorize the erection of such signs and their maintenance.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13-20.)

   A non-commercial message may be substituted for any commercial message displayed on an existing sign, or the content of any non-commercial message displayed on a sign may be changed to a different non-commercial message, without the need for any approval, provided the size and location of the sign is not altered.

(Ord. 2020-037. Passed 7-13-20.)

   Each sign and banner, together with all its supports, braces, guys and anchors, shall be kept in good repair and in a clean, sanitary and inoffensive condition and free and clear of all obnoxious substances, rubbish and weeds and in a proper state of preservation. The Zoning Administrator may order the removal of any sign or banner that is not maintained in accordance with the provisions of this Chapter.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13-20.)

   When approving an application for a sign permit, except for a temporary sign, the Zoning Administrator shall consider the following:

   (a)   Location of the Sign.

      (1)   No sign shall be erected, constructed or maintained so as to obstruct the view and sight lines of the traveling public or any fire escape, window, architectural features, door or other opening or so as to prevent free passage from one (1) part of a roof to any other part thereof. No sign shall be attached in any form, shape or manner to a fire escape or be so placed as to interfere with an opening which is required for legal ventilation.

      (2)   The signs are located to maintain safe and orderly pedestrian and vehicular circulation.

      (3)   The siting of ground signs shall be carefully related to other site and landscape features such as landscaped setbacks, trees and plantings.

   (b)   Engineering and Material. The following regulations regarding engineering design and materials shall apply to all signs per the requirements of the Ohio Building Code (OBC) as applicable:

      (1)   Wind Pressure. All signs shall be designed and constructed to withstand wind pressures of not less than those required for buildings and other structures.

      (2)   Earthquakes. Signs adequately designed to withstand wind pressures specified in subsection (1) hereof shall be considered capable of withstanding earthquake shock, except in areas subject to high-intensity shocks, where all signs shall be designed in accordance with local requirements to resist earthquake shock. Wind loads and earthquake loads need not be combined to determine the maximum horizontal loads acting upon a sign. Only the larger of the two (2) loads need be used for design specifications.

      (3)   Materials. All permanent signs shall be constructed of noncombustible materials, provided, however, that background panels, letters, figures, decorations and structural trim thereof may be made of approved combustible materials.

   (c)   Design Criteria. The Zoning Administrator shall ensure compliance with all numerical standards and engineering and material standards required in this chapter.

      (1)   Wall signs in all districts and ground signs in the B-4 and B-4a districts shall only be illuminated by either indirect lighting, or the internal illumination of the letters, logo or message. Internal illumination of the background area of these signs is not permitted, except for ground signs in districts other than the B-4 and B-4a districts.

      (2)   Lighting shall not interfere with the traffic on abutting streets.

      (3)   Illuminated signs shall be constructed of noncombustible materials, provided, however, that background panels, letters, figures, decorations and structural trim thereof may be made of approved combustible plastics.

      (4)   Illuminated signs shall be constructed in accordance with the “Standard for Electric Signs (U.L. 48) of Underwriters' Laboratories, Inc.” and shall bear the label of the Underwriters' Laboratories, Inc.

      (5)   No internally illuminated sign shall have a brightness greater than three-tenths (.3) of a foot candle above the ambient light in the area as measured at one hundred (100) feet from the sign.

      (6)   Electronic Message Centers:

         A.   Electronic Message Centers may only be used as part of a freestanding sign or drive thru sign in accordance with this chapter.

         B.   All Electronic Message Centers shall be set back a minimum of 100 feet from a residential dwelling unit.

         C.   Any message change shall be a static, instant message change.

         D.   Messages may only change once every 10 seconds or more.

         E.   The transition time between messages shall be less than one second.

         F.   All Electronic Message Centers shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.

         G.   The Electronic Message Center shall be equipped with an automatic dimming photocell, which automatically adjusts the displays brightness based on ambient light conditions.

         H.   Illumination shall not exceed 0.3 footcandles over ambient lighting conditions when measured from a distance of 50 feet.

         I.   Audio emissions from Electronic Message Centers shall be prohibited.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13-20.)

   (a)   Sign Area or Dimension.

      (1)   For a wall sign that is framed, outlined, painted, or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area that encompasses the entire background or frame.

      (2)   For a sign comprised of individual letters, figures or elements on a wall or similar surface of a building or structure, the area of the sign shall be the area that encompasses the perimeter of all the elements in the display.

      (3)   The area of the sign shall be measured by using not more than three (3) geometric shapes, which form, or approximate the perimeter of all elements in the display.

      (4)   For ground signs:

         A.   The area shall be computed by the measurement of one (1) of the faces when two (2) identical display faces are connected back-to-back or, alternatively, may be in a V-shape not to exceed an angle of thirty (30) degrees at the apex. (The apex of such sign shall at no time be directed so as to point upward.)

         B.   No more than two display faces shall be permitted for a ground sign.

         C.   Bracing, framing and supports for a ground sign shall not be included in the computation of sign area, provided, however, that all of the bracing, framing and supports do not exceed twelve (12) square feet per side.

   (b)   Sign Height. The height of a ground sign shall be measured from the established grade line to the maximum height of the sign including display area, bracing, framing, supports and decorative features. As used in this section, “established grade line” means the finished grade for the area between the principal building and the right-of-way line. Grade level at the site of a sign shall not be increased artificially by the use of mounding.

   (c)   Building Frontages.

      (1)   Building Unit. The building unit is equivalent to the tenant space. The frontage of the tenant space on the first floor shall be the basis for determining the permissible area for wall signs and ground signs.

      (2)   Primary and Secondary Frontages. The frontage of any building unit shall include the elevation(s) facing a public street, facing a parking area for the building or tenants, or containing the public entrance(s) to the building or building units.

         A.   The primary frontage shall be considered the portion of frontage containing the primary public entrance to the building or building units.

         B.   The secondary frontage shall include those frontages containing secondary public entrances to the building or building units, and all building walls facing a public street or primary parking area that are not designated as the primary building frontage by subsection “A” above.

   (d)   Length of Building Frontage. The length of any primary or secondary building frontage, shall be the sum of all wall lengths parallel, or nearly parallel, to such frontage, excluding any such wall length determined by the Zoning Administrator as clearly unrelated to the frontage criteria.

   (e)   Building Unit for Multi-Occupant Buildings. For multi-occupant buildings, the portion of a building that is owned or leased by a single tenant 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.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13-20.)

   (a)   Maximum Number, Area, Height and Minimum Setback of Permanent Ground Signs.

      (1)   In All Districts.

         A.   Signs shall be set back a minimum of six (6) feet from any public right-of-way and ten (10) feet from any side lot line.

         B.   The height of a ground sign shall in no case have the top of the sign more than six (6) feet above the established grade line.

      (2)   In M, B-1, B-2, and B-3 Districts.

         A.   The area of any permanent ground sign shall not exceed one-half (1/2) square foot of sign face per lineal foot of the building's primary frontage or forty (40) square feet, whichever is lesser.

         B.   A maximum of one (1) ground sign per lot fronting on a public right-of-way is permitted, except when the lot, not adjoining a residentially zoned district, has frontage on more than one (1) right-of-way, a ground sign is permitted on each right-of-way. When a second (2nd) ground sign is permitted by this section the allowable area shall not exceed one-fourth (1/4) square foot per foot of building's secondary frontage or forty (40) square feet, whichever is lesser.

   C.   When a corner parcel on a business district adjoins a residential lot in a residential district, the business parcel shall be restricted to one (1) ground sign on the side not adjoining the residential district.

      (3)   In the B-4 and B-4A Districts.

         A.   One (1) ground sign with a maximum width of eight (8) feet shall be permitted.

         B.   The maximum area of the sign permitted shall not exceed forty eight (48) square feet.

      (4)   In residential and office subdivisions, one (1) ground sign shall be permitted at each entrance. Maximum size shall be thirty-two (32) square feet.

   (b)   Bonuses for Ground Signs on Large Lots in B and M Districts. Except for Summit Mall as regulated in Section 1298.09(c) below, when a lot has more than two hundred fifty (250) feet of frontage on single street, a second ground sign is permitted for each additional two hundred fifty (250) feet of frontage, or fraction thereof. The total area of each ground sign shall comply with the requirements set forth in Section 1298.09(a)(2).

   (c)   Special Circumstances.

      (1)   Summit Mall. There shall be permitted five (5) ground signs configured either back to back, “V” shaped or otherwise as approved by the Planning Commission as follows:

         A.   Two (2) ground signs located at the main entrance to the Mall from West Market St. with a maximum sign area of one hundred (100) square feet.

         B.   Three (3) ground signs at locations approved by the Planning Commission with a maximum sign area of one hundred (100) square feet.

         C.   The base of each sign is excluded from the square footage calculation unless such base is part of the message or the face of the sign.

      (2)   Previously Approved Plans. Any sign plan standards for a residential or commercial development that has been previously approved by either Board of Zoning and Building Appeals or the Planning Commission shall continue to govern. Any changes to such approved plans shall be considered only by the body (either the Board or the Planning Commission) that previously approved the sign plan.

(Ord. 2010-059. Passed 3-7-11; Ord. 2019-037. Passed 9- 16-19; Ord. 2020-037. Passed 7-13-20)

   The following regulations shall apply to wall signs:

      (1)   When a building in B-1, B-2 and B-3 or M district has frontage on more than one (1) public right-of-way, then signage along one (1) primary and one (1) secondary frontage are permitted as follows:

         A.   A maximum of one (1) square foot per foot of building frontage along the primary frontage.

         B.   A maximum of one-half (1/2) square foot per foot of building frontage along the secondary frontage.

      (2)   In the B-4 District, wall signs no greater in area than one-third (1/3) of a square foot in area for each lineal foot of the building's principal frontage are permitted. Wall signs shall only be constructed of individual raised lettering or logo fastened to the exterior of the building.

      (3)   In the B-4A District, wall signs no greater in area than two-third (2/3) of a square foot in area for each lineal foot of the building's principal frontage are permitted. Wall signs shall only be constructed of individual raised lettering or logo fastened to the exterior of the building.

      (4)   Multiple wall signs for each tenant are permitted provided the total area of all signs does not exceed the area allowances for wall signs permitted in Section 1298.10(c)(1).

   (d)   Wall signs shall not include electronic message centers.

      (1)   Exception: All restrictions on sign color are not valid.

(Ord. 2010-059. Passed 3-7-11; Ord. 2019-037. Passed 9- 16-19; Ord. 2020-037. Passed 7-13-20)

   Window signs may include signs, posters, symbols and any other identification of, or information about, the occupant or the activity and/or use of the premises. Window signs are permitted in addition to any permitted wall or ground signs except in the B-4 District, where window signs shall not be permitted.

   (a)   Placement of window signs shall be limited to the first floor windows only, unless a use is located in the second or higher stories of a building and has no first floor occupancy.

      (1)   First floor occupants. All window signs shall not exceed 10% of total first floor window area.

      (2)   Upper floor occupants. For a multi-story building, each occupant above the ground floor shall be permitted one permanent sign to be placed in a window of the occupant's space, not to exceed six square feet or twenty-five percent (25%) of the area of the window in which the sign is placed, whichever is smaller.

   (b)   Window signs shall not include electronic message devices.

(Ord. 2010-059. Passed 3-7-11; Ord. 2019-037. Passed 9-16- 19; Ord. 2020-037. Passed 7-13-20.)

   Projecting signs are permitted in the B-2 District only and shall comply with the following regulations:

   (a)   One (1) projecting sign shall be permitted for each ground floor tenant with a minimum of twenty (20) feet of building frontage.

   (b)   The sign shall have a maximum area of eight (8) square feet.

   (c)   All projecting signs shall have a maximum height of fourteen (14) feet and a minimum clearance of eight (8) feet from the ground to the bottom of the sign, except when the projecting sign is located above a landscaped area or other area that does not permit pedestrian traffic beneath the sign.

   (d)   The sign shall project not more than three (3) feet from the wall.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13- 20.)

   (a)   Shopping Center Banners shall be permissible in shopping centers only.

   (b)   The minimum distance between banners shall be one hundred (100) feet except when two (2) banners are affixed on opposite sides of the same pole.

   (c)   The bottom of a banner shall be not less than fifteen (15) feet high.

   (d)   The top of a banner shall not be higher than twenty (20) feet.

   (e)   A banner shall not be closer than twenty (20) feet to the right-of-way.

   (f)   A banner shall not exceed twenty (20) square feet in area.

   (g)   The maintenance of shopping centers banners shall be in accordance with Section 1298.06.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13-20.)

   Permanent signs shall be permitted near driveway entrances to a street and at intersections of internal drives under the following provisions:

   (a)   Driveway signs shall not restrict visibility at intersections, but in no case shall the sign be set back more than 25 feet from the driveway entrance or intersection of internal drives.

   (b)   Up to two driveway signs may be permitted per individual driveway or interna! intersection.

   (c)   Driveway signs may not exceed six square feet in area and four feet in height.

   (d)   Driveway signs may be internally or externally illuminated.

   (e)   Driveway signs shall not be included in the total calculated allowed signage for a property under the remainder of this chapter.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13- 20.)

   (a)   Temporary signs in nonresidential districts. The following regulations for temporary signs in nonresidential districts are in addition to the maximum sign area set forth in Section 1298.09

      (1)   Temporary signs may be ground signs or banner signs.

      (2)   The total maximum number and area permitted for temporary ground signs and temporary banner signs shall be regulated based on the district in which the lot is located. Only one side of a two-sided temporary sign is considered in calculating the maximum area of a two-sided sign.

         A.   In B-1, B-2, B-3, B-4 and B4a districts, a maximum of two signs per parcel shall be permitted provided the total area of all temporary ground signs and temporary banner signs shall not exceed ten square feet per parcel.

         B.   In M-1, M-2 and M-3 districts, a maximum of four signs per parcel shall be permitted provided the total area of all temporary ground signs and temporary banner signs shall not exceed thirty-two square feet per parcel.

      (3)   Temporary ground signs shall have a maximum height of four feet and shall be located a minimum distance from the public right-of-way that is equal to the height of the sign.

      (4)   One temporary ground sign permitted in division (a)(2) of this section may be erected for an unspecified time. All other temporary ground signs and temporary banner signs shall be permitted for a maximum of fifteen consecutive days, and not more than a total of seventy-five days per calendar year.

      (5)   Temporary signs that are erected in order to announce or advertise a specific event shall be removed within three days after the close of such event.

   (b)   Temporary signs in a residential district may be erected for an indefinite time.

      (1)   Signs shall be permitted per the provisions set forth in Section 856.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13-20.)

   (a)   No person shall place or have placed on his behalf any sign on any street or other public ground within the City, except a sign for traffic control or other official public notice placed by a public official or employee in the lawful performance of his duty. No person shall place or have placed on his behalf any sign on any pole, structure, pipe or fitting designed for and carrying electric power, telephone, gas or water, except that the owner or other person responsible for the maintenance of such pole, structure, pipe or fitting may affix thereto a placard showing its ownership or other identification or a warning of any hazard connected therewith or forbidding trespass on the same.

   (b)   Any sign placed in violation of the provisions of subsection (a) hereof is hereby declared to be abandoned property and the same may be removed from the site where found either by the owner of such site or by the City, without liability to any claimant thereof to account for the same.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13-20.)

   (a)   No person shall place or have placed on his behalf any sign on any private property in the City, which sign does not conform in every particular with any of the provisions of this Chapter.

   (b)   In the event of a violation of subsection (a) hereof, the Zoning Administrator shall give notice, either personally or by certified mail, return receipt requested, to the owner, lessee or person in possession of the property, to remove such sign or to correct the violation or appeal the decision of the Zoning Administrator to the Board of Building and Zoning Appeals within five (5) days from the receipt of the notice, so that it will be in conformity with the provisions of this Chapter, and, further, that if the same is not removed or corrected, as aforesaid, the Zoning Administrator or his authorized representative will remove it at the expense of such owner, lessee or person in possession.

   (c)   In the event that the Zoning Administrator or his authorized representative is obliged to remove a sign because of noncompliance with the notice, as provided in subsection (b) hereof, the cost of such removal shall be charged to the owner, lessee or person in possession of the property. If such cost is not paid within thirty (30) days of the date of the invoice, the same shall be certified to the County Auditor to be put on the owner's tax duplicate and to be collected the same as other taxes are collected. The remedy provided for herein is in addition to the penalty provided in Section 1236.99.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13-20.)

   All existing signs that do not conform to the standards of this Chapter must be brought into conformity, as follows:

   (a)   Upon any change of ownership of property, or if the property remains vacant for ten (10) days or more, or upon a use of a dissimilar nature, or if the zoning classification changes for the property, such sign shall be brought into conformity with the provisions of this Chapter within six (6) months of such change of ownership, use or zoning classification.

   (b)   Upon alterations to the existing sign, the following regulations shall apply:

      (1)   No display sign shall hereafter be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this Chapter.

      (2)   The repainting, refacing or repair of signs shall not be deemed to be an alteration within the meaning of this section.

      (3)   Except as otherwise specifically provided, nothing in this section shall require the removal or discontinuance of a legally existing permanent display sign which is attached to the realty, as distinguished from a temporary portable sign, that is not altered, rebuilt, enlarged, extended or relocated, and the same shall be deemed a nonconforming use under the terms of this section.

(Ord. 2020-037. Passed 7-13-20.)

   A conditional use shall be subject to the same signage requirements as if such use were a permitted use, unless further restricted by the regulations in Chapter 1287.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13-20.)

   The Board of Zoning and Building Appeals may, in specific cases, vary or permit exceptions to any of the provisions of this Chapter, provided, however, that the Board finds that such variance or exception will not violate the spirit or intent of this Chapter. When reviewing the appropriateness of such deviation from the regulations herein, the Board shall approve such sign only when it determines that:

   (a)   The proposed sign is of such size and scale to be appropriate for the size of the building and the proportion of the building (panel, fascia, wall, etc.) on which the sign will be placed.

   (b)   The proposed sign is of the minimum relief necessary to assure it is legible to the intended viewers.

   (c)   The additional sign, the additional sign area, the alternative location that is proposed, and/or the design of the proposed sign will not adversely impact the adjacent residential areas or, otherwise, compromise any other public interests.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13- 20.)

   If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this Sign Code is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of the Code.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-037. Passed 7-13-20.)