Germantown City Zoning Code

CHAPTER 1139

Signage

1139.01 PURPOSE AND INTENT.

Signs constitute a separate and distinct use of the premises upon which they are placed. Signs affect the use of private as well as public property, including adjacent roads, streets, walkways and other rights-of-way. The purpose of this Chapter is to establish reasonable and objective regulations for all signs visible to the public, in order to protect the general public health, safety, welfare, convenience and aesthetics. The intent of this Chapter is to ensure freedom of expression for all sign uses while maintaining a content-neutral approach to sign regulation. Specifically, to:

(a) Protect the public health, safety, convenience, comfort, prosperity, and general welfare;

(b) Protect each person's constitutional right to freedom of speech;

(d) Permit signs containing a noncommercial message, constituting a form of expression in lieu of other sign copy or content;

(e) Protect historic and culturally significant signs;

(f) Promote the use of signs that are aesthetically pleasing, of appropriate scale, and integrated with surrounding buildings and landscape, in order to meet the City's expressed desire for quality development; and,

(g) Protect the public from a traffic safety concern by addressing driver fatigue, impairment, judgment, error, risk taking, and traffic violations that could occur from the:

(1) Distraction of electronic and changeable copy signs

(2) Distraction from signs that move or rotate or give the illusion of moving or rotating, and

(3) Use of letters, numbers, characters, symbols, logos and colors that hinder motorist and pedestrian perception and reaction time.

(Ord. 17-46. Passed 2-5-18.)

1139.02 DEFINITIONS.

For the purposes of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section:

(a) "AWNING" means an architectural fabric projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached.

(b) "BANNER" means a non-rigid cloth, plastic, paper, or canvas sign typically related to a special event or promotion, that is cultural, educational, charitable, or recreational in its function, under the sponsorship of a for-profit establishment or non-residential use, or a public, private nonprofit, or religious organization.

(c) "BUILDING" means a structure which has a roof supported by columns, walls or air for the shelter, support or enclosure of persons, animals or chattels.

(d) "CANOPY" means an architectural projection that provides weather protection, identity or decoration; and is supported by the building to which it is attached and at the outer end by not less than one (1) stanchion.

(e) "CHANNEL LETTERS" means three-dimensional individually cut letters or figures, illuminated or non-illuminated, affixed to a structure.

(f) "CHARACTER" means any letter of the alphabet or any numeral.

(g) "CITY" means the City of Germantown, Ohio.

(h) "DISREPAIR, STATE OF" means:

(1) When any part of sign area is removed, disfigured, cracked, ripped, shedding, flaking or peeling, or any combination of these conditions.

(2) When any part of sign area becomes exposed to the elements.

(3) When any sign is allowed to stand with bent or broken sign facing, broken supports, loose appendages or struts which causes the sign to stand more than fifteen (15) degrees from the perpendicular.

(i) "FAÇADE" means any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. where separate faces are oriented in the same direction, or in the directions within forty-five (45) degrees of one another, they are to be considered as part of a single façade.

(j) "FACE, SIGN" means the surface intended for the display of information on the sign.

(k) "FLAG" means any fabric or bunting containing the officially recognized and adopted colors, patterns, or symbols used as the official symbol of a government, political, or corporate entity.

(l) "FRONTAGE, BUILDING" means the maximum horizontal width of the ground floor of a building that parallels and faces an improved public right-of-way.

(m) "FRONTAGE, STREET" means the maximum horizontal width of a lot that parallels and faces an improved public right-of-way.

(n) "HEIGHT" as applied to 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 (1) improved public right-of-way, none of which are alleys, the highest point shall be used.

(o) "INTERSECTION" means the junctions of the centerlines of any two (2) public rights of way, other than alleyways, crossing at grade, or, where the crossing is separated at grade, the intersection shall be the point at which expressway travel pavements converge or diverge, or the point at which any expressway interchange ramp intersects the expressway travel pavement.

(p) "PENNANT" means a flag or banner longer in the fly than in the hoist, usually tapering to a point.

(q) "PREMISES" means any lot or un-platted tract, or any combination of contiguous lots or unplatted tracts held under single ownership.

(r) "PROPERTY, UNIMPROVED" means any conforming or nonconforming lot or parcel not containing at least one (1) building or structure.

(s) "PROPERTY, VACANT" means any conforming or nonconforming lot or parcel containing at least one (1) building or structure, not currently used or occupied.

(t) "SETBACK" means the required distance between any point on private land and the nearest point at the edge of the nearest public right-of-way, other than an alley. Where a public way crosses a railroad right-of-way, the setback distance is to be measured from the public right-of-way line extended across the railroad right-of-way.

(u) "SIGN" means any device, display, flag, balloon, light, figure, object, picture, letter, word, message, symbol, plaque or poster visible from inside and outside the premises on which it is located and designed to inform or attract the attention of persons not on that premises, excluding searchlights.

(v) "SIGN, ABANDONED OR DISCONTINUED" means any sign which remains after the voluntary or involuntary termination of a permitted use. A permitted use has terminated if it is closed to the public for at least ninety (90) consecutive days. Seasonal or temporary uses are exempted from this determination.

(w) "SIGN, ADVERTISING" means any off-premises or off-site outdoor commercial sign, regardless of height, size or setback.

(x) "SIGN, ATTACHED" means any sign attached to, applied on, or supported by, any part of a building such as a wall, roof, window, canopy, awning, arcade or marquee which encloses or covers usable space.

(y) "SIGN, CHANGEABLE COPY" means any sign or portion thereof with characters, letters or illustrations that can be changed or rearranged manually without altering the face of the sign.

(z) "SIGN, DETACHED" means any sign connected to the ground which is not an attached sign, inclusive of signs on movable objects, except signs on vehicles which are moving or are parked only temporarily, incidental to their principal use for transportation.

(aa) "SIGN, DIRECTIONAL" means an off-premises sign whose content is limited exclusively to the identification of a specific premises or occupancy located elsewhere, and which tells the location of or route to that premises or occupancy.

(bb) "SIGN, ELECTRONIC READER BOARD" means a sign or portion thereof which can be electronically changed or rearranged without altering the face or the surface of the sign.

(cc) "SIGN, ILLUMINATED" means any sign which is directly lighted by any electrical light source, internal or external. This definition does not include signs which are illuminated by street lights or other light sources owned by any public agency or light sources which are specifically operated for the purpose of lighting the area in which the sign is located rather than the sign itself.

(dd) "SIGN, MONUMENT" means a permanent, detached sign mounted on a base or other supports and where the bottom of the sign face is located within three (3) feet of ground level.

(ee) "SIGN, OFF-PREMISES" means a sign erected, maintained or used for the purpose of the display of messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.

(ff) "SIGN, PERMANENT" means a sign that is not temporary.

(gg) "SIGN, POLITICAL" means a temporary sign intended to advance a political statement, cause, or candidate for office.

(hh) "SIGN, PORTABLE" means any sign not permanently attached to the ground and can be removed without the use of tools.

(ii) "SIGN, PREMISES" means a sign erected, maintained or used for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.

(jj) "SIGN, PROJECTING" means a sign that is attached to or projects more than eighteen (18) inches from a building face or wall, or from a structure whose primary purpose is other than the support of a sign.

(kk) "SIGN, REAL ESTATE" means a temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located.

(ll) "SIGN, SUPPORT" means any pole, post, strut, cable or other structural fixture or framework necessary to hold and secure a sign, providing that such fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one (1) inch in height, nor is internally or decoratively illuminated.

(mm) "SIGN, TEMPORARY" means a sign either portable or stationary that displays information relating to a use or event of limited duration permitted by the codified ordinances.

(nn) "SIGN, VEHICULAR" means any sign on a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition does not include signs which are being transported to a site of permanent erection.

(oo) "SIGN, WALL" means any sign attached to or erected against the inside or outside wall of a building or structure, with the exposed display surface of the sign in a plane parallel to the plane of the building or structure and extending less than 14 inches from the building or structure.

(pp) "SIGN AREA, EFFECTIVE" for both attached and detached signs, means the area enclosed by the minimum imaginary rectangle or vertical or horizontal lines which fully contains all extremities of the sign, exclusive of its supports. This rectangle is to be calculated from an orthographic projection of the sign viewed horizontally. When multiple panels make up a sign and the panels and frames are clearly separated the area shall be calculated separately for each sign panel and the area shall be the algebraic sum of the areas calculated. A viewpoint of this projection is to be taken which gives the largest rectangle of that kind, as the viewpoint is rotated horizontally around the sign. If elements of the sign are moveable or flexible, as a flag, or string of lights, the measurement shall be taken when the elements are fully extended and parallel to the plane of view. The effective area for attached signs shall mean the sum of the areas of minimum imaginary rectangles enclosing each word attached to any particular façade.

(qq) "STREAMER" means a ribbon-shaped or cord-like rope which may have pennants and/or banners attached and which is stretched or hung between two (2) or more supports.

(rr) "TREE LAWN" means the portion of property located between the curb or improved street and the sidewalk.

(ss) "WORD" for the purpose of this Chapter means the following:

(1) Any word in any language found in any standard unabridged dictionary or dictionary of slang.

(2) Any proper noun or any initial.

(3) Any separate symbol or abbreviation, such as "&", "$", "%" and "inc.".

(4) Any telephone number, street number or commonly used combination of numerals and/or symbols such as "$5.00" or "50%".

(5) Any symbol or logo which is a trademark, but which itself contains no word or character.

(6) Otherwise, each separate character is considered to be a word.

(Ord. 17-46. Passed 2-5-18.)

1139.03 GENERAL REQUIREMENTS FOR ALL SIGNS AND DISTRICTS.

Except as otherwise provided, the regulations contained in this Chapter shall apply to all signs and all zoning districts.

(a) Any illuminated sign or lighting device shall employ only light emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights. In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public thoroughfare, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

(b) No sign shall employ any parts or elements which revolve, rotate, whirl, spin, or otherwise make use of motion to attract attention. this subsection and subsection (a) shall not apply to any sign performing a public service function indicating time, temperature, or similar services.

(c) All wiring, fittings, and materials used in the construction, connection, and operation of electrically illuminated signs shall be in accordance with the provisions of the Montgomery County Building and Electrical Codes.

(d) No sign shall be placed on the roof of any building.

(e) No portable or temporary sign shall be placed on or project from the front or face of a building or on any premises, except as provided in Section 1139.22 Temporary Signs.

(f) No permanent or temporary sign erected or maintained in the window of a building, visible from any public or private street or highway, shall occupy more than thirty percent (30%) of the window surface.

(g) No sign of any classification shall be installed, erected, or attached in any form, shape, or manner to a fire escape or any door or window giving access to any fire escape.

(h) Should any sign be or become unsafe or be in danger of falling, the owner thereof or the person maintaining the same shall, upon receipt of written notice from the City Manager, proceed at once to put such sign in a safe and secure condition or remove the sign.

(i) All signs shall be so designed and supported as to carry the weight of the sign, and shall comply with any applicable Building Code.

(j) No sign of any kind shall be attached to or supported by a tree, utility pole, trash receptacle, or public shelter.

(k) No sign shall be attached in such manner that it may interfere with any required ventilation openings.

(l) No sign shall be located on an unimproved or vacant lot, except for the purpose of advertising the lot for sale or lease, or for such purpose as the notification of present danger or the prohibition of trespassing.

(m) No sign shall be located nearer than eight (8) feet vertically or four (4) feet horizontally from any overhead electrical wires, conductors, or guy wires or as established in the national electric code, whichever standard is greater.

(n) No vehicle or trailer may be parked on a non-residential premises or a lot for the purpose of advertising a business, product, service, event, object, location, organization, or the like.

(Ord. 17-46. Passed 2-5-18.)

1139.04 SIGNS WITH NONCOMMERCIAL MESSAGES.

Any sign allowed under this Chapter may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity, or service for sale or lease, or to any other commercial interest or activity, so long as the sign complies with the size, height, area, and other requirements of this Chapter. The content or viewpoint of speech shall not be considered when taking action to approve or deny sign permits or any other application for signs.

(Ord. 17-46. Passed 2-5-18.)

1139.05 SUBSTITUTION PROVISION.

The owner of any sign which is otherwise allowed by this Chapter may substitute noncommercial copy or content in lieu of any other existing commercial or noncommercial copy or content. Such substitution shall not require a permit.

(Ord. 17-46. Passed 2-5-18.)

1139.06 PERMIT REQUIRED.

(a) No person shall locate or maintain any sign, or cause a sign to be located or maintained, unless all applicable provisions of this Chapter have been met. To assure compliance with these regulations, a zoning permit issued pursuant to this Zoning Code shall be required for each sign unless specifically exempted by the Codified Ordinances.

(b) A sign initially approved for which a permit has been issued shall not be modified, altered, or replaced, nor shall design elements of any building or lot upon which such sign is maintained be modified, altered, or replaced if any such design element constituted a basis for approval of such sign unless a new or amended permit is obtained consistent with these regulations.

(c) The repainting, changing of parts, and preventive maintenance of signs shall not be deemed alterations requiring a zoning permit.

(Ord. 17-46. Passed 2-5-18.)

1139.07 SIGNS PERMITTED IN ALL DISTRICTS NOT REQUIRING A PERMIT.

The following signs shall be permitted in all districts without a permit:

(a) Signs advertising the sale, lease, or rental of the premises upon which the sign is located, shall not exceed twelve (12) square feet in area, except in all residential zoning districts where the area of the sign shall not be more than six (6) square feet.

(b) Professional nameplates not exceeding four (4) square feet in area.

(c) Customary identification signs, such as building numbers, addresses, private parking signs, no trespassing signs or dangerous animal signs. Such signs shall not exceed three (3) square feet in area per sign face.

(d) One (1) illuminated or non-illuminated "open"/ "closed" sign not to exceed three (3) square feet in area may be displayed in the window of each non-residential occupancy within a non-residential zoning district.

(e) One (1) non-illuminated menu sign not to exceed three (3) square feet in area may be displayed in the window of each food service establishment within a non-residential zoning district, advertising only food and beverages served on-site.

(f) Signs or bulletin boards customarily incidental to places of worship, libraries, museums, schools, social clubs, or societies, which signs or bulletin boards shall not exceed fifteen (15) square feet in area and which shall be located on the premises of such institution.

(g) Flags, emblems and insignia of any governmental organization, not-for-profit agency or civic organization; and any temporary display of patriotic, religious, charitable or civic character.

(h) Commemorative plaques placed by recognized historical, not-for-profit or government agencies.

(i) Premises and off-premises signs located within large enclosed and unenclosed structures and buildings, such as an airport, convention center, hotel, mall, stadium, theatre or arena, which can be viewed only by persons within such structures and buildings.

(j) Signs on vending machines, automatic teller machines, fuel or similar dispensers which display the name, trademark or logo of the company or brand or prices, provided the display is an integral part of the machine or dispenser and does not exceed eight (8) square feet in area per side.

(k) Temporary lighting and displays that are part of customary holiday decorations, provided that they contain no commercial message.

(l) Any temporary or permanent sign erected or maintained in the window of a building, visible from any public or private street or highway.

(m) Real estate signs.

(n) Political signs.

(o) Works of art which do not identify a business, product or service.

(p) Any sign advertising a commercial enterprise, including real estate developers or subdividers, in a district zoned residential shall not exceed a total of twenty-four (24) square feet in area and shall advertise only the names of the owners, trade names, products sold and/or the business or activity conducted on the premises where such sign is located.

(q) All permanent or temporary signs erected and maintained by utilities and city, county, state or federal authorities or their agents; including signs for control of traffic or other regulatory purposes; the direction to or identification of a governmental facility; street signs; warning signs; railroad crossing signs; and signs of public service companies for the purpose of safety.

(r) "Stop", "yield", "pedestrian crossing" and similar non-directional traffic control signs permitted on private property.

(Ord. 17-46. Passed 2-5-18.)

1139.08 THE FLAG OF THE UNITED STATES OF AMERICA AND FLAGS OF OTHER NATIONS, STATES AND GOVERNMENTS.

(a) Display Protocol. The flag of the United States of America and flags of other nations, states and governments, where allowed, must be displayed in accordance with the protocol set forth in United States Code, Title 36, Chapter 10, Patriotic Customs, the pertinent portions of which are contained in the book "Our Flag", published by the Joint Committee On Printing, United States Congress.

(b) Private Restrictions. Any of the following that prohibits or restricts the display of the American flag is void and unenforceable, except as expressly provided in this Chapter.

(1) A covenant, condition, or restriction contained in a legal instrument affecting an interest in real property; or any rule or regulation of an owners' association that otherwise has the authority to regulate the use of real property.

(2) This does not apply to any covenant, condition, restriction, rule, or regulation that, with respect to the display of the American flag, establishes reasonable placement and safety standards applicable to the display of the flag; a maximum number of flags that may be displayed on a parcel; a requirement that flags to be displayed be portable and removable; or in the case of residential property, a requirement that the height of any flag, when displayed, does not exceed the height of the residence. (Ord. 17-46. Passed 2-5-18.)

1139.09 PROHIBITED SIGNS, GENERALLY.

All signs not expressly permitted or exempt from regulation are prohibited. such signs shall include, but not be limited to:

(a) Banners, pennants, streamers or similar wind or air driven devices, except when mounted and secured entirely against a building façade.

(b) Spinning devices or strings of spinning devices.

(d) Helium, gas, and air balloons or similar inflatable devices located on, attached to, or anchored by structures, vehicles, the ground, or anything connected to or on the ground.

(e) Portable signs, except as authorized by specific sections within this Chapter.

(f) Signs or sign structures attached to any tree, bus shelter, utility pole, bench, trash receptacle, vending machine, dispenser or similar object or structure.

(g) A sign referencing a product or service no longer available for more than ninety (90) days.

(h) Signs attached to, painted on or supported by accessory uses or structures.

(i) Signs attached, affixed, or mounted in such a fashion as to have the effect of becoming an integral part of a motor vehicle or non-motorized wheeled vehicles such as trailers, when said vehicle is parked for more than forty-eight (48) hours in such a way as to inform or attract the attention of persons not on that premises.

(j) Signs of any classification installed, erected, or attached in any form, shape or manner to a fire escape or signs which block entrances or exits to buildings.

(k) Signs, or parts thereof, that revolve, rotate, whirl, spin or otherwise make use of motion, whether or not intended to attract attention; or any sign or any part of any sign that gives the illusion of moving or rotating.

(l) Signs located on a roof, or wholly or partly dependent upon a building for support which projects above the eave line of a building.

(m) Window signs applied on or attached to the interior or exterior of a window which cover more than thirty percent (30%) of the total window area.

(n) Signs carried, waved or otherwise displayed by persons or animals either on public rights-of-way or in a manner visible from public rights-of-way. This provision is directed toward such displays intended to draw attention for a commercial purpose, and is not intended to limit the display of placards, banners, flags or other signage by persons participating in demonstrations, political rallies and similar events.

(o) Any sign or sign structure having the effect of materially impeding vision between a height of two and one-half (2.5) feet and eight (8) feet above the centerline grades of intersecting streets or driveways within a triangular area created by measuring thirty (30) feet back from the intersection of such streets or driveways.

(p) Any other sign or sign structure that creates a hazard by obstructing the clear view of pedestrian and vehicular traffic.

(q) Any sign that electronically displays still picture, motion picture or other video content.

(r) Any sign which emits audible sound, odor or matter.

(s) Illuminated signs on residentially used property.

(t) Any sign identifying a home occupation.

(u) Any sign or part thereof which utilizes flame as a source of light.

(v) Any sign which conveys visual information that is pornographic, or otherwise obscene, indecent, or immoral.

(w) Advertising signs and similar off-premises or off-site outdoor commercial signs displayed, oriented or directed in any position or angle towards rights-of-way, other public property or other private property.

(x) A sign located in any other location that creates a hazard in the opinion of the City Engineer.

(y) Any existing sign which is not a legally non-conforming sign and which has not been previously authorized by the City of Germantown or the legal jurisdiction prior to incorporation of the property in which the sign is located.

(z) Abandoned signs. (Ord. 17-46. Passed 2-5-18.)

1139.10 SIGNS NOT PERMITTED IN AREAS DESIGNATED FOR OFF-STREET PARKING, CIRCULATION AND LOADING.

No part of a sign shall be temporarily or permanently located or stored in areas designated for off-street parking, circulation and loading.

(Ord. 17-46. Passed 2-5-18.)

1139.11 SIGNS NOT PERMITTED ON UNIMPROVED OR VACANT PROPERTY.

No permanent sign shall be permitted on unimproved or vacant property. Permanent signs shall only be permitted on properties containing a principally permitted use, building or structure that has met all applicable requirements of the Codified Ordinances.

(Ord. 17-46. Passed 2-5-18.)

1139.12 SIGNS WITHIN THE RIGHT-OF-WAY PROHIBITED; EXCEPTIONS.

(a) Except as otherwise provided in this Chapter, no part of a privately-owned sign shall be located or project within the public right-of-way unless specifically authorized by the City Manager, or designee. In any case, no sign shall be allowed to be erected or maintained within any tree lawn, or any other part of the public right-of-way at or near grade when not normally accessible to vehicular or pedestrian traffic.

(b) The City Manager or 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 (10) days of removal unless claimed by owner.

(d) Publicly-owned signs or signs authorized by the 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.

(Ord. 17-46. Passed 2-5-18.)

1139.13 DIRECTIONAL SIGNS.

In addition to any other signs permitted elsewhere in this Zoning Code, permanent or temporary signs which convey information pertaining to the direction of traffic movement onto or within a premises shall be permitted provided that:

(a) The sign area shall not exceed two (2) square feet per side, with a maximum of two (2) sides per sign.

(b) Sign height shall not exceed three (3) feet if located within twenty-five (25) feet of a public right-of-way or eight (8) feet in height in any other location.

(d) The sign shall be located outside any public right-of-way, but shall not be subject to the general detached sign setback provision.

(e) The sign shall pertain to the premises on which it is located.

(f) An attached directional sign may be placed at the entrance to any drive-thru window.

(Ord. 17-46. Passed 2-5-18.)

1139.14 DETACHED SIGNS IN NON-RESIDENTIAL ZONING DISTRICTS AND FOR NON-RESIDENTIAL USES IN RESIDENTIAL ZONING DISTRICTS.

The following provisions shall apply to all detached signs located within non-residential zoning districts and non-residential uses in residential zoning districts.

(a) Detached signs shall only be premises signs, except that off-premises signs located within large enclosed and unenclosed structures and buildings which can be viewed only by persons within said structures and buildings shall also be permitted, per Section 1139.07.

(b) Detached signs shall only be monument signs.

(c) The detached sign shall not exceed one-half (1/2) square foot of sign area per one (1) linear foot of lot frontage, not to exceed fifty (50) square feet in sign area.

(d) Detached signs shall be a maximum height of ten (10) feet at the minimum sign setback line, and for every additional two (2) feet of sign setback, one (1) foot may be added to the sign height not to exceed a total sign height of sixteen (16) feet.

(e) Electronic reader boards or changeable copy signs shall be permitted, not to exceed twenty-five percent (25%) of the total sign area. In addition, said sign area shall not result in the violation of height, area, setback or other applicable requirements of this Chapter.

(f) Detached signs shall only be permitted in yards with at least fifty (50) feet of lot frontage.

(g) Only one (1) detached sign of any type may be erected on any premises, except that:

(1) Premises which have more than seven hundred and fifty (750) feet of frontage along the public way, other than an alley, may have a total of two (2) detached signs for each frontage.

(2) The provisions of this subsection shall not apply to frontages on corner lots or rights-of-way that are otherwise perpendicular to one another.

(h) Detached premises signs shall be designed to accommodate sign area for all existing and potential non-residential tenants. No detached sign permit shall be issued for a premises having or proposing to have multiple non-residential occupants until a sign plan is received and approved by the City Manager or designee. The plan shall show how space is provided on the detached sign for all non-residential occupants.

(i) For multi-tenant office, research, and mixed-use developments with at least one hundred (100) lineal feet of property contiguous to a right-of-way, the following regulations shall apply for detached premises signs:

(1) One (1) additional detached premises identification sign shall be permitted per multi-tenant building, not to exceed three (3) signs total per development, and only in the yard contiguous to a right-of-way, subject to all other applicable regulations of this Chapter

(2) All detached signs shall be monument signs

(3) All detached signs shall have sign area capable of serving the total number of tenants the building may support

(4) All detached sign area dedicated for tenant use shall be easily changeable, and

(5) In the case where the ground floor of a building is occupied by two (2) or more different tenants, the portion of the building frontage occupied by each tenant shall be considered a separate and distinct building frontage for attached sign area computation purposes.

(Ord. 17-46. Passed 2-5-18.)

1139.15 ATTACHED SIGNS IN NON-RESIDENTIAL ZONING DISTRICTS AND FOR NON-RESIDENTIAL USES IN RESIDENTIAL ZONING DISTRICTS.

The following provisions shall apply to all attached signs located within non-residential zoning districts and non-residential uses in residential zoning districts.

(a) Attached signs shall only be premises signs, except that off-premises signs located within large enclosed and unenclosed structures and buildings which can be viewed only by persons within said structures and buildings shall also be permitted, per Section 1139.07.

(b) All signs shall be mounted to the building façade, window or a fixed awning.

(c) All signs and their words mounted to the building shall be parallel to the building façade to which they are attached, and shall project no more than thirty-six (36) inches horizontally from that façade except as provided herein.

(d) All signs mounted to a fixed awning shall project no more than thirty-six (36) inches horizontally from the façade to which the awning is attached.

(e) All signs shall allow nine (9) feet of vertical clearance from the ground to the bottom of the sign.

(f) Attached changeable copy signs shall only be permitted in zoning districts which do not require a front or side yard, not to exceed twenty-five percent (25%) of the total sign area. Said sign area shall not result in the violation of height, area, setback or other applicable requirements of this Chapter.

(g) The total sign area of all attached signs shall not exceed one and one-quarter (1-1/4) square feet of sign area per one (1) linear foot of building frontage.

(h) All permanent attached signs shall utilize hidden rust-proof structural supports and all sign lighting and wiring components shall be concealed from public view.

(i) All attached signs shall not mask, interrupt or otherwise interfere with doors, windows, trim or similar architectural features.

(j) Attached signs may project more than eighteen (18) inches from building surface as follows:

(1) Any premises or any non-residential occupancy may erect not more than one (1) attached sign projecting up to a maximum of thirty-six (36) inches from a vertical building surface, but not above the roof, provided that the premises or occupancy maintains no detached sign on the premises, and that the sign does not exceed ten (10) square feet in effective area, and that no part of the sign descends closer to grade than ten (10) feet, nor projects into or over any public right-of-way more than thirty-six (36) inches.

(2) Any premises or any non-residential occupancy may erect a sign at the eaves or edge of the roof, or on a parapet or edge of a canopy, provided that the sign is parallel to the façade, and that no supporting structure is visible.

(3) Words may be attached to machinery or equipment which is necessary or customary to the use, including but not limited to devices such as fuel pumps, vending machines, ice machines, and similar structures provided that words so attached refer exclusively to products or services dispensed by the device, and project no more than one (1) inch from the surface of the device.

(k) Signs located on a roof, or wholly or partly dependent upon a building for support which projects above the eave line of a building are prohibited.

(l) Signs attached to, painted on or supported by accessory uses or structures are prohibited.

(Ord. 17-46. Passed 2-5-18.)

1139.16 GENERAL PROVISIONS APPLICABLE TO SIGNS FOR MULTI-FAMILY DWELLINGS IN MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS.

One (1) permanent, non-illuminated sign mounted to a building façade identifying a multi-family dwelling shall be permitted per building. This sign shall not exceed ten (10) square feet in area and six (6) feet in height.

(Ord. 17-46. Passed 2-5-18.)

1139.17 PROHIBITED SIGN MATERIALS.

No exterior portion or display area of any permanent exterior sign open to the elements shall be constructed of the following materials:

(a) 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.

(b) Fabric and canvas, unless used in conjunction with awning or canopy signs.

(Ord. 17-46. Passed 2-5-18.)

1139.18 PERMITTED SIGN MATERIALS.

(a) All exterior portions and display areas of any permanent exterior sign open to the elements shall be constructed of one (1) or more of the following materials:

(1) Aluminum, brick, glass plastic, painted treated or stainless steel, stone, rough-faced block, thermoplastic, hard 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.

(2) Fabric and canvas shall be permitted when used in conjunction with awning or canopy signs.

(b) Composite, compounded or synthetic matter or materials not generally recognized and expressly designed for sign construction, erection and operation may be approved by the Board of Zoning Appeals.

(c) 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. (Ord. 17-46. Passed 2-5-18.)

1139.19 SIGN LEGIBILITY REQUIRED.

(a) Sign letters, numbers, characters, symbols and logos shall demonstrate consistency and uniformity in color, spacing and style.

(b) Sign colors shall provide sufficient contrast between lettering, numbers, characters, symbols, logos and their background.

(c) Colors or color combinations that interfere with legibility of the sign copy or that interfere with viewer identification of other signs shall be prohibited. In addition:

(1) Sign colors should complement the colors used on premises buildings and other structures.

(2) Sign colors should complement colors used on other lots within a planned unit development.

(Ord. 17-46. Passed 2-5-18.)

1139.20 SIGN ILLUMINATION.

(a) Illuminated signs should only be used if necessary.

(b) Any sign illumination shall be shielded or arranged as to confine the illumination to the sign, avoid glare or other disturbance on adjacent property and rights-of-way.

(c) A direct light source for illuminated signs is preferred. This is usually the best arrangement because the sign will appear to be better integrated with the building's architecture.

(1) Light fixtures supported in front of the structure can cast desirable light on the sign and generally a portion of the face of the structure as well. direct lighting emphasizes the continuity of the structure's surface, and signs become an integral part of the façade.

(2) Direct lighting is also appropriate because it produces a more intimate ambiance on the street. the lighting of signs should be considered as an element in a building's overall lighting design.

(3) The light source shall be shielded. Whenever direct lighting fixtures are used, care should be taken to properly shield the light source to prevent glare from spilling over into residential areas and any public right-of-way.

(d) Signs should be lighted only to the minimum level required for nighttime readability.

(e) If back-lighted signs are used, solid letters are encouraged. signs consisting of opaque individually cut letters mounted directly on a structure (push-through letters) can often use a distinctive element of the structure's façade as a backdrop, thereby providing a better integration of the sign with the structure.

(f) Any illuminated sign, or any illuminated element of any sign, may turn on or off, or change its brightness, provided that:

(1) Change of illumination 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) Change of illumination does not occur in less than five (5) second intervals.

(3) 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.

(4) Such sign shall contain a default design that will freeze the illumination in one position or prevent further illumination if a malfunction occurs.

(5) Any sign that incorporates a change of illumination shall not be permitted on any wall or fence.

(g) No sign or any part of any sign may move or rotate or give the illusion of moving or rotating.

(h) Any sign visible from a public street shall not display any illuminated light or a color authorized by law to be used in traffic control signals, or so near to any such light or color as to tend, in the opinion of the Chief Of Police, City Manager, or designee, to interfere with, mislead or confuse operators of motor vehicles or pedestrians on any public street.

(Ord. 17-46. Passed 2-5-18.)

1139.21 LANDSCAPING REQUIRED.

All detached signs shall require a single continuous landscaped area to be maintained around the entire base of the sign in accordance with the following standards:

(a) All signs shall have one (1) square foot of landscaping at the base of the sign for each two (2) square feet of sign surface area on single-faced and multiple-faced signs.

(b) For signs with multiple faces, the landscaped area shall be allocated so that a portion of the required landscaping is located in front of each sign face.

(c) Where the required landscaped area is adjacent to a paved surface accessible to vehicular traffic, a raised non-mountable curb suitable to prevent vehicular encroachment into the landscaped area shall be required. The minimum distance between the face of any such required curb and any part of the sign shall be thirty (30) inches.

(d) 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.

(e) Unless modified by the City Manager or designee, all landscaping plans shall be prepared by a qualified landscape designer, nurseryman, horticulturalist or certified landscape architect.

(f) The landscaping plan shall be submitted and approved in conjunction with the sign permit application, as regulated by this Zoning Code. A plan of the landscaped area with the name, quantity, and spacing of plant materials shall be included as part of the sign permit application.

(g) Season permitting, all landscaping and related plantings shall be installed within sixty (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.

(h) The property owner shall be responsible for landscape installation and maintenance:

(1) Replacement of plant materials that do not survive after installation in required landscaped areas is required within the next planting season or within six (6) months of the plant's demise.

(2) Required landscaped areas, curbed area and other delineating improvements shall receive regular repair and maintenance.

Examples of appropriate landscaping to accompany detached signs

(Ord. 17-46. Passed 2-5-18.)

1139.22 TEMPORARY SIGNS.

(a) Except for political and real estate signs, which shall be exempt from this Section, the following regulations shall apply to all temporary signs in any non-residential zoning district.

(1) A sign shall not exceed twelve (12) feet in area per face.

(2) A sign shall not exceed six (6) feet in height.

(3) There shall be no more than one (1) sign permitted per lot.

(b) Except for political and real estate signs, which shall be exempt from this Section, the following regulations shall apply to all temporary signs in any residential zoning district.

(1) Permitted sign size and height.

A. Single-family and two-family residential uses.

1. The sign area shall not exceed six (6) square feet per face.

2. Sign height shall not exceed six (6) feet.

3. There shall be no more than one (1) sign permitted per lot.

4. The illumination of a temporary sign shall be prohibited.

B. Religious uses, institutional uses, educational uses, multi-family residential uses and unimproved property.

1. A sign shall not exceed twelve (12) feet in area per face

2. A sign shall not exceed six (6) feet in height.

3. There shall be no more than one (1) sign permitted per lot.

4. The illumination of a temporary sign shall be prohibited.

(c) Except for political and real estate signs, which shall be exempt from this Section, temporary signs shall be permitted for a maximum of fifteen (15) consecutive days, and not more than sixty (60) days during each calendar year.

(Ord. 17-46. Passed 2-5-18.)

1139.23 TEMPORARY REAL ESTATE SIGNS.

In addition to any other temporary sign permitted on a premises by this Chapter, one (1) additional temporary real estate sign per lot frontage shall be permitted which conveys information which pertains only to the for sale, for lease, or for rent status of the premises on which the sign is located. (Ord. 17-46. Passed 2-5-18.)

1139.24 SIGN MEASUREMENTS.

(a) Area Computation of Individual Signs. The area of a sign comprised of individual letters or words is determined by calculating the area of the smallest geometric figure (e.g. square, rectangle, circle, polygon, etc.) that can be drawn around the letters and/or elements. Signs consisting of individual letters and/or elements will be measured as one sign when the distance between the letters and/or elements is less than the largest dimension of the largest sign letter.

(b) Area Computation of Multi-faced Signs. Where the sign faces of a double-faced sign are parallel, only one display face shall be measured in computing sign area. If the two faces of a double-faced sign are of unequal area, the area of the sign shall be the area of the larger face. In all other cases, the areas of all faces of a multi-faced sign shall be added together to compute the area of the sign. Sign area of multi-faced signs is calculated based on the principle that all sign elements that can be seen at one time or from one vantage point should be considered in measuring that side of the sign.

(c) Sign Height Computation. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases where the normal grade is below grade at street level, sign heights 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 or private street.

(d) Building Frontage. Building frontage shall mean the horizontal length of a building on the side with its principal entrance. If that side is a straight wall, then the building frontage shall be the length of the wall. If the side is not a straight wall, the building frontage shall be the horizontal distance from the corner at one end of the side of the building with the principal entrance to the other corner on the same side of the building; where that side of the building is concave, then the measurement shall be made in a straight line from corner to project in front of the front corners, then the measurement shall be made as the shortest distance between two lines projected from the two front corners of the building, with such lines parallel to each other and as close as practicable to perpendicular to the front of the building.

(Ord. 17-46. Passed 2-5-18.)

REVIEW DRAFT OF 6 DECEMBER 2017

Area computation of individual signs

REVIEW DRAFT OF 6 DECEMBER 2017

Area computation of multi-faced signs

REVIEW DRAFT OF 6 DECEMBER 2107

Sign height computation

Building frontage

1139.25 EXEMPTING HISTORIC AND CULTURALLY SIGNIFICANT SIGNS.

(a) By ordinance, City Council may exempt structurally sound and environmentally safe historic or culturally significant existing signs from part or all applicable regulations of this Chapter.

(b) This ordinance shall specifically define exemptions and additional safeguards to protect said signage and the public health, safety and welfare.

(1) Associated with historic figures, events or places. Significant as evidence of the history of the product, business or service advertised.

(2) Significant as reflecting the history of the building or the development of the district or neighborhood.

(3) Integral to the building's design or physical fabric. In such cases, removal can harm the integrity of a historic property's design, or cause significant damage to its materials.

(4) A local landmark, that is, recognized as a popular focal point in the Germantown or Miami Valley community.

(d) Maintenance, repair and restoration that does not result in an increase of size, projection or height of any sign already exempted by City Council shall not require a zoning permit.

(e) Any historic or culturally significant sign that is enlarged, relocated, or replaced within the City of Germantown may require another exemption by City Council as regulated by this Section, or shall require a permit as regulated by Section 1139.06.

(Ord. 17-46. Passed 2-5-18.)

1139.26 SIGN SETBACK REQUIREMENTS.

Except as otherwise provided in this Chapter, temporary and permanent premises signs, where permitted, shall be set back from the established right-of-way line of any street at least ten (10) feet.

(a) Real estate signs and bulletin boards for a church, school, or any other public, religious, or educational institution may be erected not less than ten (l0) feet from the established right-of-way line of any street or highway provided such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.

(b) Premises signs, where permitted, shall be erected or placed in conformity with the side and rear yard requirements of the district in which located, except that in any residential district, premises signs shall not be erected or placed within ten (l0) feet of a side or rear lot line. If the requirement for a single side yard in the appropriate zoning district is more than ten (10) feet, the latter shall apply.

(Ord. 17-46. Passed 2-5-18.)

1139.27 SIGN RESPONSIBILITY, MAINTENANCE, MODIFICATION, REPLACEMENT OR REMOVAL.

(a) The sign owner or property owner shall be responsible for sign maintenance and repair.

(b) If any sign reaches a state of disrepair or is deemed unsafe by the chief building official, 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.

(c) By order of the City Manager, or designee, a sign, sign face or changeable copy with a commercial message shall be removed by the sign owner or property owner when the use to which the commercial message is related is abandoned or discontinued for ninety (90) days or longer, or the City shall cause such sign, sign face or changeable copy to be removed.

(d) A sign that is nonconforming by reason of existing sign area shall be removed, or modified or replaced with a conforming sign by the sign owner or property owner prior to a change in commercial use or occupancy which will result in:

(1) A voluntary change to commercial letters, numbers, characters, symbols, logos or colors on any sign face in combination with a change in sign shape or area; or,

(2) Or any change to its supporting structure.

(e) When any sign is installed, erected, constructed or maintained in violation of any of the terms of this Zoning Ordinance the City Manager, or designee, shall notify the sign owner or property owner in writing thereof to alter such sign so as to comply with this Zoning Ordinance.

(f) 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 Germantown Codified Ordinances.

(Ord. 17-46. Passed 2-5-18.)

1139.28 NONCONFORMING SIGNS AND STRUCTURES.

Signs and sign structures legally in existence prior to the effective date of this Zoning Code which violate or are otherwise not in conformance with the provisions of this Zoning Code shall be deemed nonconforming. All such legally nonconforming signs and sign structures shall be maintained in accordance with this Code. The burden of establishing the legally nonconforming status of any sign or sign structure shall be upon the owner of the sign or sign structure.

(Ord. 17-46. Passed 2-5-18.)

1139.29 LOSS OF LEGAL NONCONFORMING STATUS.

A legally nonconforming sign shall immediately lose its legally nonconforming status, and therefore must be brought into conformance with this Zoning Code or be removed, if the sign structure is altered; or if it is enlarged, relocated, or replaced; or if it is part of an establishment which discontinues operation for ninety (90) consecutive days; or if it is structurally damaged to an extent greater than one-half of its estimated replacement value. This does not apply to changes in sign copy or sign panel replacements. Similarly, any legally nonconforming structure so damaged must be brought into compliance or be removed.

(Ord. 17-46. Passed 2-5-18.)

1139.30 VIOLATIONS.

In case any sign or sign structure shall be installed, erected, constructed, or maintained in violation of any of the terms of this Zoning Code, the City Manager shall notify in writing the property owner thereof to alter such sign so as to comply with this Zoning Code. Failure to comply with such notification shall be deemed a violation of this Zoning Code. Any signs erected in the right-of-way may be removed by the City Manager.

(Ord. 17-46. Passed 2-5-18.)

1139.31 ABANDONED SIGNS.

A sign shall be considered abandoned:

(a) When the sign is associated with an abandoned use.

(b) When the sign remains after the termination of a business. A business is considered to have ceased operations if it is closed to the public for at least ninety (90) consecutive days.

(c) When the sign on its immediate premises is not adequately maintained and the repairs or maintenance ordered are not effected within the specified time.

(d) Upon determination that the sign is abandoned, the right to maintain and use such sign shall terminate immediately and the City Manager shall issue an order for the sign to be removed within thirty (30) days. Any abandoned sign still standing after thirty (30) days following an order for removal may be removed by the City and the cost of the removal billed to the owner of the property.