Sign regulations are intended to preserve Geneva's character and quality. This is why we here provide reasonable guidelines to control sign type, design, size, location, motion, illumination and enforcement. The intent of this chapter is:

   (a)   To promote and maintain high quality districts for all land uses, and attractive public and private facilities of all types, by permitting only signs appropriate to their surroundings and preventing the blighting influence of excessive signage;

   (b)   To eliminate conflict between traffic control signs and other signs which may be hazardous to public safety;

   (c)   To control the design and size of all signs so that their appearance will be aesthetically harmonious with an overall design for the area, in accordance with commonly accepted community planning and design practices;

   (d)   To promote clarity in sign communications while providing reasonable and appropriate opportunities to advertise goods and services and to identify properties.

   (e)   This chapter is not intended to infringe on the rights of free speech as protected by the First Amendment to the United States Constitution and Article I, §11 of the Ohio Constitution. All sections in this chapter are to be construed, whenever possible, in favor of vigorous political debate and accommodation of the rights of residents and visitors to speak freely. All provisions of this chapter shall be interpreted in a content-neutral manner excepting solely for those narrow, legally-recognized exceptions explicitly identified in this chapter. All sections in this chapter shall be applied in accord with 15 U.S.C. §1121(b), as amended, and such other applicable Federal and Ohio laws as may now or hereafter be enacted, when in conflict with same.

(Ord. 3227. Passed 4-23-18.)

   Whoever violates any of the provisions of this Zoning Code, or fails to comply therewith, including conditions established pursuant to various sections herein, and including the erection of any building or the use of any building or land in violation of any detailed statement or plan submitted and approved hereunder, is guilty of a misdemeanor of the third degree and shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 3227. Passed 4-23-18.)

   As used in this chapter, the following words and phrases shall have these meanings:

   (a)   "Alter" means to change in any way, including but not limited to reconstruction, redesign, re-illumination that changes the lighting design, face replacement that changes the sign face design, sign face change, and painting in a different color than the present color, excluding changes in changeable copy on signs.

   (b)   "Back-lighted letter" means an illuminated reverse channel letter (open or translucent back) such that light from the letter is directed against the surface behind the letter producing a halo lighting effect around the letter.

   (c)   "Banner" means a sign of lightweight plastic, vinyl, fabric or similar material that is mounted to a structure by a frame, rope, or similar means at one or more edges.

   (d)   "Board" means the Architectural Review Board.

   (e)   "Building frontage" means the linear dimension of the width of the widest portion of a building face including all appurtenant overhangs or other structures closest to parallel to the nearest principal street.

   (f)   "Building marker" means a sign typically indicating, but not hereby limited to, the name of a building and date and incidental information about its construction, which sign is cut into the masonry surface or made of bronze or other permanent material.

   (g)   "Building unit" means each separately occupied space within a building. "Separately occupied" means a distinct owner, occupant, or tenant in possession of and occupying the unit to the exclusion of others. A separately occupied unit consists of interior subdivided space which (1) has its own exterior entrance and (2) is separated from other such spaces by a party wall or other such dividing walls. Where a building unit is bounded by a party wall or other such dividing walls, the measurement of width shall be to the centerline(s) of such wall or walls.

   (h)   "Canopy" means any structure, other than an awning, made of cloth with a metal frame attached to a building and carried by a frame supported by the ground or sidewalk.

   (i)   "Changeable copy" means the area of a sign on which copy can be changed through the use of attachable letters and/or numbers, by the flipping of fixed letters and/or numbers, by the scrolling of tape or other medium, or by the electronic switching of lamps or illuminated tubes, LED, or any other such like technology. See, also, "electronic message center."

   (j)   "Clear" means transparent.

   (k)   "Copy" means the words, message, symbols, or artwork displayed on a sign.

   (l)   "Department" means the City's Department of Zoning and Community Development.

   (m)   "Downtown Design District" means the area identified in the City's Zoning Map as such.

   (n)   "Electronic message center" means a sign that utilizes computer-generated messages or some other electronic means of changing copy. Electronic message centers are included within the definition of "changeable copy."

   (o)   "Erect" means to build, construct, alter, relocate, modify, attach, hang, place, suspend, or affix, and shall also include the painting of signs.

   (p)   "Facing" and "surface" mean the surface of a sign upon, against or through which a message is displayed or illustrated on the sign.

   (q)   "Flag" means any fabric or similar light-weight material containing distinctive colors, patterns, or symbols, used for the display of non-commercial copy such as, but not limited to, a symbol of a government or political subdivision.

   (r)   "Frontage" or "lot frontage" means the lot dimension (or development unit, as applicable) along the adjacent principal street. Limited access highways shall not be considered frontage for purposes of this chapter.

   (s)   "Lighting tube" means a tube, strip or band made of any material, whether clear or colored, which by any means produces a light source including, but not necessarily limited to, neon, LED, rope lighting, and other such manner of lighting.

   (t)   "Marquee" means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.

   (u)   "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

   (v)   "Permanent" means a sign attached to a building, structure, or the ground in a manner that enables the sign to resist environmental loads, such as wind, and precludes ready removal or movement of the sign, and, which is constructed of durable materials (wood, plastic, metal) which are able to withstand environmental exposure for long durations of time without degradation.

   (w)   "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series.

   (x)   "Related structure" means all components supporting, and comprising, the parts of a sign.

   (y)   "Sight triangle" means the triangular area formed by an invisible diagonal line at the corner of either two intersecting street right-of-way lines, the edge of street lines, the edge of a driveway or combination of two thereof within which no obstruction may be placed which would block the sight lines for vehicular traffic.

   (z)   "Sign" means any visual communication display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure in order to direct or attract attention to, or announce or promote, an object, product, place, activity, person, ideology, institution, organization, business or the like, by means of letters, words, models, banners, flags, pennants, insignia, devices, designs, colors, symbols, fixtures, images, illuminations or representations used as, or which is in the nature of, an announcement, direction, advertisement or other message. Any sign which is erected pursuant to the provisions of this chapter may also express non-commercial messages whether or not such allowances are explicitly stated in this chapter.

      (1)   "Sign, A-frame" means a temporary sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming the cross-sectional shape of an A. An A-frame sign is included within the definition of "portable sign."

      (2)   "Sign, abandoned" means a sign which no longer advertises, announces the purpose of, or identifies the purpose of any person or entity, or communicates information to the public regarding a bona fide business, lessor, lessee, owner, product or activity conducted or available on the premises where the sign is located. A use shall be determined abandoned if it has voluntarily ceased for a period of at least sixty days, unless the use is typically seasonal.

      (3)   "Sign, animated" means a sign depicting action, motion, light or color changes through electrical, mechanical, or any other means.

      (4)   "Sign, canopy" means a sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or other outdoor service area. A marquee is not a canopy.

      (5)   "Sign, commercial" means any sign that, directly or indirectly, names, advertises, or calls attention to a business, product, profession, service or other commercial activity.

      (6)   "Sign, double-faced" means a sign with two parallel opposing (back-to-back) faces.

      (7)   "Sign, feather flag" is a free standing temporary sign typically constructed of a single plastic or metal shaft driven in the ground with an attached pennant that is vertically elongated and attached to the shaft.

      (8)   "Sign, ground" means a sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. Ground signs are classified within this chapter according to the manner of their construction, to wit: permanent or temporary.

      (9)   "Sign, lawn" means a temporary sign placed in a yard via stake(s), not more than six square feet in dimensions.

      (10)   "Sign, mansard" means a sign attached to a mansard structure. A mansard sign is included within the definition of "roof sign."

      (11)   "Sign, marquee" means a sign attached to, in any manner, or made a part of a marquee.

      (12)   "Sign, non-commercial" means a sign which does not fall within the definition of a "commercial sign."

      (13)   "Sign, off-premise" means a sign that is not appurtenant to the lawful use of the property on which it is displayed; advertises a product, merchandise, service, business, entertainment, or any other activity not sold, offered or occurring on the property on which it is displayed; or which advertises the sale or lease of property other than the property on which it is displayed.

      (14)   "Sign, on-premise" means a sign that is appurtenant to the lawful use of the property on which it is displayed; advertises a product, merchandise, service, business or any other activity actually sold, offered or occurring on the property on which it is displayed, or which advertises the sale or lease of property on which it is displayed.

      (15)   "Sign, parapet" means a sign mounted on the vertical surface of, or on top of, the parapet of a building. A parapet sign is included within the definition of "roof sign."

      (16)   "Sign, portable" means a sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; trippers; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on a vehicle parked and visible from the public right-of-way.

      (17)   "Sign, blade" means a sign affixed to a building or wall in such a manner that (i) its copy is perpendicular to the building or wall to which it is affixed and/or (ii) its leading edge extends more than eighteen inches beyond the surface of such building or wall.

      (18)   "Sign, roof" means a sign erected and constructed on or over the roof of a building and/or which extends vertically any distance above the lowest portion of the roof. Signs placed on cupolas fall within this definition. See, also, "mansard sign" and "parapet sign."

      (19)   "Sign, projecting" means a sign that extends beyond the building wall, where the horizontal sign face is not parallel to the building wall.

      (20)   "Sign, wall" means a sign attached parallel to a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

      (21)   "Sign, window and door" means any sign, whether permanent or temporary, which is placed upon or over a window or door, upon a window pane, or in proximity to a window or door, and which is visible from the exterior of the window or door.

   (aa)   "Sign area" means the permitted area upon, against or through which signage may be placed.

   (bb)   "Sign band" means a horizontal area above a multi-tenant building's entrances, architecturally designed to accommodate signage in a sign-centric manner.

   (cc)   "Temporary" is a non-permanent sign that can be displayed on private property for not more than forty-five consecutive days.

   (dd)   "Window" means any opening in the wall of a building that is fitted with glass or other transparent material.

   (ee)   "User" means the owner of a development unit and any tenants or others in lawful possession and occupancy of that development unit.

(Ord. 3227. Passed 4-23-18.)

   The following regulations shall control the computation and measurement of sign area and height:

      (1)   The height of a sign shall be computed as the distance from normal grade at a point directly beneath the sign to the top of the highest component of the sign. Normal grade shall be construed to be the lower of (i) existing grade prior to construction or (ii) the newly established grade after construction, exclusive of any filling, berms, mounding, or excavating.

      (2)   In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

      (1)   For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of two regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building.

      (2)   When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of two forms, which comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, as determined by the Zoning Enforcement Officer or Planning Commission, shall not be included in the total area of a sign.

(Ord. 3227. Passed 4-23-18.)

   (a)   All permanent signs in the R-2, R-3, R-4, PRD and MHD Districts shall conform to the maximum area, height and quantity regulations set forth in the table below:

 

      (1)   Each sign can be no greater than six square feet in area. The combined total square footage may not exceed twelve square feet for all temporary lawn signs.

      (2)   No greater than four feet in height above the ground.

      (3)   Located a minimum of ten feet from the inside edge of the sidewalk.

      (4)   May not be placed in the required side yard setback.

      (5)   Height and location may be modified due to conditions of topography, existing foliage or similar conditions; the Zoning Administrator may grant exceptions to the above rules based on visibility; exceptions may include increasing height and area by no more than fifty percent and placing the sign within the ten foot front setback or side yard setback requirement.

      (6)   May be displayed for no more than forty-five days.

      (1)   May be placed inside a window.

      (2)   No greater than six square feet in area per sign.

      (3)   Combined total square footage may not exceed twelve square feet for all temporary window signs.

      (4)   May be displayed for no more than forty-five days.

(Ord. 3227. Passed 4-23-18.)

      (1)   The construction, erection, safety and maintenance shall comply with all applicable building codes.

      (2)   All signs shall be constructed in a professional manner in conformance with the appropriate building code and other applicable requirements of the City and shall be structurally sound to withstand wind pressures of at least thirty pounds per square foot of surface area.

      (3)   Signs shall be constructed of durable materials which are of appropriate quality and which are compatible with the materials of the building upon which such signs are placed. Wood or metal shall have a durable finish able to withstand routine environmental wear.

      (4)   No sign shall have more than two faces, which must be parallel to one another and within twenty-four inches, unless a specific provision of this chapter requires a lesser dimension.

      (5)   Electric signs and all permanent signs involving structural requirements of the building code shall be installed, repaired, altered and serviced only by a contractor licensed to perform such tasks.

      (1)   No sign shall be erected, relocated or maintained so as to prevent free ingress or egress, or block any light or ventilation openings. No sign shall be located or attached so as to obstruct emergency facilities or equipment.

      (2)   No sign shall be erected within the area of any sight triangle unless it is no greater than three feet in height and does not otherwise obstruct free and clear vision within the sight triangle.

      (3)   No sign shall interfere, or otherwise cause visual conflict, in whole or in part, with any authorized traffic control sign, signal or device by virtue of the placement, color, or illumination of the sign.

      (4)   Every sign shall be located on the same lot as the business or use to which such sign pertains; entrance and exit signs may be located off site, provided that such signs are located on drives providing direct access to the lot and parking area of the business to which they pertain.

      (1)   Artificial illumination for signs shall be concentrated on the area of the copy.

      (2)   Where permitted, signs that are internally illuminated and electronic message centers shall not exceed 100 candelas per square meter (cd/m2) from dusk until dawn.

      (3)   Signs that are internally illuminated and electronic message centers shall have a manufacturer's certification that their luminance will not exceed the

         limits set forth in subsection (2) above. Certification is required to be made in conjunction with permit application pursuant to Section 1293.11 and is subject to field inspection once installed. Luminance limits are for the sign's maximum output (e.g., white screen in the case of electronic message centers) and shall be measured from a distance of thirty feet from the sign face at not more than a ninety degree angle from the sign face.

      (4)   No sign shall have any lights or illumination that flash, move, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulses.

      (5)   No sign shall be illuminated so as to cause objectionable brightness or glare into or onto any adjacent property or any right-of-way.

      (6)   Use of search lights, floodlights, and other such manner of directed light into the atmosphere is prohibited.

      (1)   The use of lighting tubes is permitted on a sign solely as a design or accent element for the copy area. It may not be used as a border.

      (2)   No sign in excess of four square feet may be constructed solely of lighting tubes.

(Ord. 3227. Passed 4-23-18.)

   (a)   Signs within the B-1, B-2, I, where any lot is devoted to a non-residential use, in addition to any other applicable requirements of this chapter and Code, shall conform to the standards set forth in this section or, if located in a special overlay district, to the standards for that district but only to the extent those standards vary from those set forth herein.

 

 

 

 

 

         A.   If the development unit has an additional access drive from a public right-of-way to the development unit for the purpose of public ingress/egress of vehicular traffic, an additional ground sign may be erected adjacent to that access drive, taking into consideration preservation of the sight triangle and the following requirements:

         B.   If the development unit has both frontage on a public right-of-way and a vehicular access drive from that public right-of-way, the sign shall be located in close proximity to that principal access drive, taking into consideration preservation of the sight triangle.

         C.   If the development unit does not have frontage on a public right-of-way, the sign shall be located in close proximity to the principal vehicular access drive on the lot upon which the development unit is sited, taking into consideration preservation of the sight triangle.

         A.   Ground signs shall only be erected within the area of the lot frontage.

         B.   The supporting structure, including but not limited to pillars, end and top caps, are all part of the allowable sign area.

         C.   Ground signs shall not have gaps, cut-outs, or penetrations but instead should be a solid face or area without openings. Ground signs that require internal support members or posts shall not have them exposed or visible whatsoever from external view at a height greater than two feet above grade.

         D.   A ground sign, inclusive of related structures, shall not have a depth in excess of twenty-four inches.

         E.   The sign shall be installed with a permanent footer in accordance with all applicable county building code requirements.

         F.   A metal skirt may be used to cover the base area provided that it is no higher than two feet above grade.

         G.   If metal is used as a skirt or cover for support members or posts, it shall be at least twenty-four gauge if sheet metal is used and at least .063 inches if aluminum is used. The metal shall be finished in a color that either matches that of the principal color used within the background of the copy area, or, in a dark or neutral earth tone color.

         H.   Plywood, particle board, T-111 and other such materials shall not be used as a skirt or cover for support members or posts.

         A.   All signs shall be placed so as not to obstruct: sight lines for motorists or pedestrians; fire lanes, exits or standpipes for emergency-response vehicles; or any window such that light and/or ventilation is reduced below minimum standards required by any applicable law or building code.

         B.   Freestanding signs larger than six square feet shall be set back a minimum of five feet from the pavement of an entrance/exit drive.

      (1)   The permitted area for wall signs is 2.5 square feet per one linear foot of the building frontage which corresponds to the dimensions of the building unit.

      (2)   A wall sign may only be located on the portion of the front wall which corresponds to the interior dimensions of the building unit and shall be centered thereon (excepting only side wall signs erected in accordance with the provisions of this chapter). Minimum distance separation between such wall signs shall be three feet.

      (3)   Wall signs shall be placed at a uniform height across the building frontage. If the building has a sign band, wall signs shall be erected within that area.

      (4)   Wall signs shall not be erected on the rear wall of a building.

      (5)   The permitted area for wall signs as calculated by Section 1293.06(a) may be divided between front and side walls of the building.

      (6)   No side wall sign, or cumulative total of all side wall signs, shall exceed forty square feet on any one building elevation.

      (7)   A wall sign shall project no more than eighteen inches from the surface or wall to which it is attached. No wall sign shall extend any closer than twelve inches to either the top or side edges of the surface or wall to which it is attached. No wall sign shall cover or obscure any wall opening.

      (8)   No wall sign shall be erected at a height greater than thirty feet above grade.

      (1)   No more than twenty-five percent of the square footage of each window and clear door that is visible to the public from a public thoroughfare, sidewalk, or parking lot of any retail store shall bear signs.

      (2)   The area covered by a sign is calculated using the perimeter of the sign and includes any clear areas or spaces within the sign, such as the clear area within a neon sign. For irregularly shaped signs, the area is that of the smallest rectangle that wholly contains the sign.

      (3)   For purposes of this section, signs that are not physically attached to the windows or clear doors but that are visible from the exterior of the building in the same manner as if they were physically attached to the windows or clear doors shall constitute a sign.

      (1)   A maximum of forty percent of the permitted ground sign area may be devoted to changeable copy/electronic message board.

      (2)   The changeable copy/electronic message board shall not be changed more than every eight seconds.

      (3)   Animation which uses movement or change of lighting to depict action or to create a special effect or scene is prohibited.

      (4)   Electronic message boards can only be activated or displayed from 7:00 a.m. until 10:00 p.m.

      (5)   No electronic message boards shall be placed within 125 feet of a residential structure.

      (1)   A banner may be displayed for the first thirty days after a change in the ownership or the commencement of a new occupancy.

      (2)   If a permanent ground sign exists, a banner may be placed on the sign, but not to exceed the permitted area for a ground sign. If no permanent ground sign exists, freestanding banner shall not be displayed, but, a ground sign of temporary construction may be erected of the size allowed for a permanent ground sign in accordance with Section 1293.06(b).

      (3)   If the user has no wall signage, then, a banner may be erected in place of a wall sign, but subject to all applicable wall sign regulations.

      (4)   A banner in all cases must be secured firmly so as to withstand wind and environmental loads.

      (5)   An approved banner shall be removed immediately once the permanent sign improvement is erected, but in no event shall it be displayed in excess of the thirty day time limit.

(Ord. 3227. Passed 4-23-18.)

      (1)   Preserve the small-town, unique character of Geneva.

      (2)   Complement the existing historic architecture.

      (3)   Enhance the pedestrian orientation of downtown Geneva and encourage streetscape design that is inviting and on a human scale.

      (4)   The boundaries of the overlay district are defined on the Downtown Design District Map.

      (5)   All signs shall conform to the standards set forth in this section.

 

      (1)   One projecting sign is permitted per building unit except that no projecting sign is permitted within fifteen feet of another projecting sign.

      (2)   Approval for blade signs shall be depend upon satisfying the following design standards:

      (3)   Rectangular, straight-edged and oval signs are the preferred shape for signs; however, signs with highly stylized, curvilinear edges are encouraged if they are designed in a historic motif.

      (4)   Sign graphics shall be carved, applied, painted or stained.

      (5)   Sign graphics shall be simple and bold.

      (6)   The number of colors used on signs shall be minimized for maximum effect. Fluorescent colors are not permitted.

      (7)   Reader boards and electronic messaging systems are not permitted.

      (8)   Vinyl banners or other signage on a flexible substrate are not permitted.

      (9)   Signs that detract from the historic appeal of the downtown as determined by the ARC Board are not permitted.

      (10)   Sign brackets must also be approved by the ARC Board.

      (11)   Total aggregate area for all blade signage on a building shall not be greater than one square foot for each lineal foot of building frontage not to exceed eight square feet. In the case of more than one frontage, the frontage having an entrance/exit on the main street shall be used to determine building frontage.

      (1)   A wall sign may only be located on the portion of the front wall which corresponds to the interior dimensions of the building unit. Minimum distance separation between such walls signs shall be three feet. If the building has a sign band, wall signs shall be erected within that area. No wall sign shall cover, wholly or partially, any wall opening.

      (2)   Wall signs shall only be erected on the building unit's own exterior wall. No wall sign shall project beyond the end, top or bottom of the building wall to which it is attached, not be set out more than eight inches from the face of the building to which it is attached.

      (3)   The permitted area for wall signs as calculated by division (a) above may be divided between front and side walls of the building unit.

      (4)   No side wall sign, or cumulative total of all side wall signs, shall exceed twenty square feet on any one building elevation.

      (5)   Wall signs shall not be of cabinet design.

      (6)   Any internal illumination for wall signs must be approved by the Architectural Review Board.

   (e)   Certificate of Appropriateness. All permanent signs in the Downtown District require a certificate of appropriateness which is granted by the Architectural Review Board. The Zoning Inspector, upon receiving an application for a sign permit, shall examine such plans, specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure. If it appears that the proposed sign is in compliance with this section and all other ordinances of the municipality, the application shall be referred to the Board, whose approval must be obtained before the permit is issued. The Board has the discretion to waive the submission of any items as it deems appropriate. When approved by the Board, the application shall be returned to the Zoning Inspector who shall then issue the permit. If the work authorized under a sign permit has not been complete within six months after the date of issuance, the permit shall become null and void.

(Ord. 3227. Passed 4-23-18.)

      (1)   In residential (R-2, R-3, R-4) districts, when the permanent sign exceeds two square feet in area.

      (2)   In a B-1 or B-2 Commercial District, when the total area of all permanent signs on the premises exceeds twelve square feet or for any temporary sign.

(Ord. 3227. Passed 4-23-18.)

      (1)   Signs which are not visible to a person of ordinary eyesight from or beyond any public right-of-way; and any property line of the lot (or development unit, as applicable) upon which the sign is located.

      (2)   A traffic control sign, signal or device erected by a governmental entity.

      (3)   Public facilities signs erected by governmental entities, but subject to area, dimensional, and other applicable regulations of this chapter.

      (4)   Notices required to be posted by law or order of court.

      (5)   Signs otherwise exempt from municipal regulation pursuant to state or Federal law.

      (6)   Signs held by or affixed in any manner to a person and not set on or affixed to the ground and/or any structure thereon either in whole or in part.

      (7)   Any street numbers required by and erected in conformity with Sections 1454.04 and 1454.05 of the Codified Ordinances provided that the numbers shall be no greater than twelve inches in height.

   (b)   Alterations which do not require a permit.

      (1)   No permit is required for repair, repainting, or other maintenance of conforming signs that does not alter a sign.

      (2)   No permit is required to change a sign's copy provided that no changes are made to the sign structure. In the event the sign and copy are effectively one and the same (for example, a wall sign constructed of channel letters), then an application for a permit must be made.

(Ord. 3227. Passed 4-23-18.)

   (a)   All signs not expressly permitted in this chapter shall be prohibited in the City. Such signs include but are not limited to the following:

      (1)   Billboards/off-premise signs;

      (2)   Signs above the roof line;

      (3)   Signs which move mechanically are prohibited. Mechanical movement refers to animation, revolution, movement up and down or movement sideways;

      (4)   Signs placed on any utility poles or utility equipment (unless required to be placed there by the utility), hydrants, rocks/boulders, trees or other vegetation;

      (5)   Windblown devices such as pennants, spinners and streamers;

      (6)   Inflatable signs;

      (7)   Permanent signs installed or attached to accessory structures, including outdoor furniture, benches, tables, chairs;

      (8)   Permanent banners. Banners both vertical freestanding and horizontal, may be used only temporarily in accordance with and subject to the regulations contained in Section 1293.07(g). No temporary banner may be constructed of paper;

      (9)   Bench signs;

      (10)   Signs projected upon any surface by means of light or shadow; and

      (11)   Animated signs including those that emit any fire, smoke, steam, odor, or sound.

(Ord. 3227. Passed 4-23-18.)

   If the proposed sign complies with this and all other applicable laws and ordinances of the City, the Department shall issue the requested permit upon receipt of the appropriate fees. If the work authorized by a permit is not completed within six months after the date of issuance, said permit shall become null and void.

   The Department may revoke a permit where there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application. The Department shall issue a written statement contemporaneous with its decision explaining the reasons for revocation. A sticker with date of permit approval and voltage of all electrical apparatus used, if any, shall be attached to the sign in an accessible location. Sticker will be included with permit and is no additional cost.

(Ord. 3227. Passed 4-23-18.)

   (a    Any non-conforming sign which is structurally altered shall be made to comply with the provisions of this chapter. For the purposes of this chapter "structurally altered" shall mean any physical changes to the dimensions, structural support, foundation, lighting provisions, or electrical wiring of any non-conforming sign.

   (b)   Any non-conforming sign which is damaged or destroyed to an extent greater than fifty percent of original cost as determined by the Zoning Administrator shall be removed and shall only be replaced with a sign conforming to the provisions of this chapter, within ninety days, including but not limited to, applying for a permit.

   (c)   A sign is or becomes nonconforming if it is not in conformance with the provisions of this chapter.

   (d)   A change in the ownership of the real estate or a change in the management of the property or business activity does not affect the status of an existing sign under this chapter.

   (e)   Permanent window signs erected prior to the date of this section shall be removed or altered to comply with the provisions of this chapter within thirty days after notification of violation by the Zoning Administrator

(Ord. 3227. Passed 4-23-18.)

   (a)   No sign shall be a safety or health hazard due to inadequate or inappropriate design, construction, repair, or maintenance.

   (b)   Signs must be maintained so as not to show evidence of deterioration, including peeling, rust, dirt, fading, damage, discoloration or holes.

      (1)   When a tenant leaves the premises, they are responsible for removing all the signs they owned or erected within ten days. If the tenant does not do so within ten days, the owner of the premises, shall, within thirty days, remove all signs owned or erected by such tenant.

      (2)   When the use or required maintenance of any sign is discontinued, the owner of such sign shall immediately remove the same.

      (3)   Any non-conforming sign which is unused for a continuous period of six months or which advertises business activities, products, or services which have been discontinued or abandoned for a period in excess of six months shall be removed or altered to comply with the provisions of this chapter.

      (1)   Any sign which is a nuisance (defined as being a threat to the safety of persons or property), or for which there is no permit, or which violates any provision of this chapter will be ordered by the Department for removal, repair or maintenance. Every such order shall be mailed by personal or certified mail to the sign owner and/or property owner using the address listed on the County Auditor's website. If service has been refused or unclaimed, no further service or notice shall be required, and the time for compliance shall begin from the date such service refusal or failure to claim is entered in the records of the Department.

      (2)   Whenever the removal, repair or maintenance of any permanent sign has been ordered by the Department, the owner or person in possession of such sign shall comply with such order within fourteen days after notice is served upon them. Whenever the removal, repair or maintenance of a temporary or portable sign has been ordered by the Department, the owner or person in possession of such sign shall comply with the order within twenty-four hours after notice is served upon them. In the event of noncompliance, the Department may seek an order of removal from a court of competent jurisdiction, or may pursue criminal action against the owner and/or person in possession in accordance with the appropriate provisions of this chapter and Code relating to violations. If, following an inspection, the Department determines that any sign constitutes an immediate danger to the public safety the Department may effect the immediate removal of said sign without regard to the time intervals for compliance cited above, at the sign owner's expense. Removal of a sign shall include the sign face, enclosing frame, all sign supporting members and base, unless otherwise specified in the order to remove.

(Ord. 3227. Passed 4-23-18.)

   (a)   No person may erect or place any sign within a public right-of-way or upon City property, inclusive of City and other public easements, excluding A-frame signs as permitted in Section 1293.07(c). No signs may project over any of these areas, excluding blade signage in the Central Business District which has been approved by the ARC Board.

   (b)   Signs erected in violation of this chapter are hereby declared (i) a nuisance which endanger the health, safety and welfare of the general public and, further, (ii) a trespass upon the public lands. Any such signs shall be seized as contraband and removed immediately upon their discovery by any duly acting City officer to be disposed of as litter in accordance with Section 661.07 of the Codified Ordinances.

(Ord. 3227. Passed 4-23-18.)

   If any section, subsection, or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.

(Ord. 3227. Passed 4-23-18.)