Heath City Zoning Code
CHAPTER 1187
Signs
1187.01 PURPOSE AND INTENT.
The purpose of these sign regulations is to encourage the proper development and use of planned graphic signing systems and to permit and regulate signs in such a way as to support and complement land-use objectives set forth in the Zoning Ordinance. In addition to protecting from distractions and obstructions that can contribute to traffic and pedestrian accidents, it is the intent of these regulations that signs are as much subject to control as noise, odors, debris and like characteristics of a use that, if not controlled and regulated, can become a nuisance factor to adjacent properties or the community in general. To protect the general health, safety and welfare, of the community, all signs and signing systems are subject to the regulations that follow in this chapter. (Ord. 27-01. Passed 9-4-01.)
1187.02 DEFINITIONS.
As used in this chapter, the following words and phrases shall have the meanings herein.
(a) “Awning” means a hood or cover that projects from the wall of a building and which can be retracted, folded or collapsed against the face of the supporting building.
(b) “Banner” means a nonrigid cloth, plastic or canvas sign typically related to a special event or promotion. National flags, state or municipal flags shall not be considered a banner. The official flag of any institution or business shall not be considered a banner.
(c) “Billboard” means an off-premise outdoor ground sign exceeding 100 square feet in area.
(d) “Canopy” means a projection from a building made from any material, which is cantilevered, suspended or supported on columns intended only for shelter or ornamentation.
(e) “Changeable copy sign (manual)” means a sign, or portion thereof, on which characters, letters, or illustrations are changed manually in the field without altering the face or surface of the sign, including without limitation, a readerboard with changeable letters.
(f) “Changeable copy sign (mechanical or electronic)” means a sign, or portion thereof, on which characters, letters or illustrations are changed mechanically or electronically in the field without altering the face or surface of the sign, including without limitation, an electronic mechanical message center.
(g) “Clear Sight Triangle” means the triangular area formed by a diagonal line connecting two points located on intersecting lines of a right-of-way, easement of access, or pavement edge of an access drive, each point being 20 feet from the intersecting lines and extending vertically from a height of three (3) feet above grade to ten (10) feet above grade.
(h) “Flag” means any fabric or bunting containing distinctive colors, patterns or symbols used as a symbol of a government or political subdivision.
(i) “Flashing” means a sign or graphic which in any manner, as a whole or in part, physically changes in light intensity or gives the appearance of such change.
(j) “Freestanding Sign” means a sign supported permanently upon the ground by pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as Apedestal signs@, Apylon signs@, and Amonument signs@.
(k) “Ground Sign” means a free standing detached sign whose support structure is imbedded in the ground.
(l) “Joint identification sign: means a sign intended to provide the identity or name, whether through logo, type, graphics, or other symbols, for two or more uses within one building or on one property or the name of the building or its address for property occupied by two or more businesses.
(m) “Incidental Sign” means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g. a credit card sign or a sign indicating hours of business.
(n) “Informational window sign” means window signage with a total area of two square feet or less and bearing only information about entry and exit, business hours, authorized service representative information and/or discount and credit systems accepted in that establishment (e.g., American Express, MasterCard, Visa, Golden Buckeye Card, etc.).
(o) “Marquee” means a canopy that provides additional loading for graphics.
(p) “Menu Board” means a permanently mounted sign displaying the bill of fare for a restaurant, drive-in or drive-thru restaurant or instructions or services for other drive-thru establishments.
(q) “Moving Sign” means any sign, all or any part which physically moves up or down or sideways, revolves, or is animated so as to give the appearance of movement.
(r) “Pennant” means a triangular shaped banner.
(s) “Permanent” residential subdivision identification signage" means those signage features specifically related to denotation of a major entrance or entrances to a residential subdivision.
(t) “Permanent sign” means intended to be erected and used and becomes a part of the real property.
(u) “Portable sign” means a sign designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes.
(v) “Projecting nameplate” means a sign indicating only the name and/or address of an occupant which extends outward perpendicular to the building face.
(w) “Private traffic and on site directional signs” means a temporary or permanent sign that provides information regarding location, instructions for use, or functional/directional data.
(x) “Roof line” means the lowest point of a roof which is closest to the ground.
(y) “Roof sign” means a sign erected upon the roof of a building, any portion of which is above the roof line of the building.
(z) “Sign” means a name, identification, description, display or illustration which is affixed to, painted or represented, directly or indirectly upon a building, structure, parcel or lot and which directs attention to an object, product, place, activity, person, institution, organization or business. The word Asigns(s)@ as used throughout this chapter means sign(s) that are externally visible from adjacent properties or streets. Signage that is placed internally within a structure or building that is not externally visible shall be excluded form sign regulations.
(aa) “Streamer” means any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire, string or cord, usually in series, designed to move in the wind. A streamer may have pennants and/or banners attached.
(bb) “Temporary sign” means all signs that are not permanent signs as defined above.
(cc) “Wall sign” means a sign attached to a building face, with the exposed face thereof in a plane parallel to the plane of the wall. Wall signs include painted murals, messages, graphics and other designs painted along with any letters or numerals mounted on buildings and extensions thereon.
(dd) “Window sign” means a sign, graphic, poster, symbol or other identification or information about the use or premises which is physically affixed to or painted on the glass or other structural component of the window or a sign, graphic, poster, symbols, or other identification or information about the use or premises erected on the inside of the building within 2 feet of the window and intended to be viewed through the window from the exterior of the premises.
(Ord. 27-01. Passed 9-4-01.)
1187.03 PERMIT REQUIRED.
No display sign, whether permanent or temporary, shall hereafter be erected, constructed or maintained within the limits of the City by any person, firm or corporation until a permit for the same has been issued by the Zoning Inspector and the permit fee paid as hereinafter provided. Permits are not required for signs suspended under walkways nor window signs under four square feet. (Ord. 27-01. Passed 9-4-01.)
1187.04 ADMINISTRATION.
(a) Application and Permit Procedure.
(1) Applications for sign permits shall contain the following information:
A. Two copies of plans and/or blueprints to scale of signage including details of fastening, lighting, and any lettering, symbols or other identification which will be on the sign.
B. A site plan of a proposed ground sign location showing the distance from a public right-of-way and relationship to access drives, parking areas and buildings or a facade elevation of proposed wall or window signs showing the height and proportions of the signs.
C. Any information peculiar to a particular sign application which is necessary to uphold the provisions of this chapter.
(2) All applications for both temporary and permanent signs must be submitted to the Zoning Department. The Zoning Inspector shall have the right to approve, approve with modifications, or disapprove the application. The Zoning Inspector shall act on the application within 15 days of receipt of the completed application.
(b) Zoning Inspector.
(1) The Zoning Inspector shall regulate and enforce the requirements of this chapter and shall be in charge of issuing all sign permits.
(2) No sign except for municipally owned signs and signs authorized by the City for community events and programs which are sponsored by public, educational agencies, shall be placed in, on or above the public right-of-way including on utility poles. The Zoning Inspector or his designee may effect removal of any sign illegally placed within the right-of-way within the municipality. The Zoning Inspector shall maintain said sign for 5 days. If the owner fails to contact the Zoning Inspector or claim the same sign within 5 days, said sign may be destroyed.
(c) Sign Fees. In Order to defray the cost of examination of plans and inspections, an application for a sign permit and/or a variance shall pay a fee in accordance with the fee schedule adopted and approved by City Council. (Ord. 27-01. Passed 9-4-01.)
1187.05 VARIANCES.
Variances to this chapter may be granted pursuant to the procedure and criteria set forth in Chapter 1127.08. (Ord. 27-01. Passed 9-4-01.)
1187.06 MEASUREMENT.
(a) Measurement.
(1) Sign area shall include the face of all the display area of the sign not including the bracing, framing and structural supports of the sign, unless such support members are made part of the message or face of the sign or are determined by the Zoning Inspector to be intended solely to make the sign more visible rather than serving any aesthetic or structural purpose. For internally illuminated signs or internally illuminated awnings, canopies or marquees, the entire lighted surface shall be considered the sign area. The lighted surface area of internally illuminated canopies, awnings or marquees is counted as signage regardless of whether it contains graphics.
(2) Where a sign has two or more display faces, the area of all faces of the sign shall be included in determining the area of the sign unless two display faces join back to back, are parallel to each other and not more than 24 inches apart, or form a V-angle of less than 45 degrees. For spherical signs, the sphere shall be dissected by an imaginary line through the center of the sphere and the surface area of the half sphere shall be counted as the sign face. For cubical signs, the area of all display faces shall be included in determining the area of the sign. See illustration on Diagram 1.
(3) The area of letters, numbers or emblems mounted on a building wall or wall extension shall be computed by enclosing such sign with the smallest single continuous perimeter around the letters, numbers or emblems and determining its area.
(4) The term frontage as used in calculating ground signs shall refer to the dimension of the lot along the public right-of-way. The term frontage as used in calculating wall signs shall refer to the building wall dimension facing the street or parking lot.
(5) For structure and uses having no direct frontage on public roads, as within shopping centers, frontage shall be counted as the intersection of the building line onto adjacent drives or parking areas.
(Ord. 27-01. Passed 9-4-01.)
1187.07 SIGNS WHICH DO NOT REQUIRE A PERMIT.
The following signs may be erected without a permit:
(a) Address and name of occupant of premises for a residential structure, not including designations as to employment or home occupation and to be limited in size to two square feet.
(b) Signs required or authorized for a public purpose by any law, statute or ordinance, such signs to include traffic control devices provided that such signs contain no supplementary advertising.
(c) On site directional signs indicating points of entry or exit for a facility or off-street parking area, provided such signs are limited to a maximum of two square feet in area and three feet in height and do not interfere with safe vehicular or pedestrian traffic circulation and are not located within the clear sight distance triangle. No more than two such signs are allowed per vehicular access point. Such signs may contain information such as “in”, “enter”, “entrance”, “out”, “exit”, “do not enter” or similar language as approved by the Zoning Inspector or his designee or arrows indicating desired traffic movement. Such signs may contain no advertising, including logos and must be of a rectangular shape. Such signs must be on the property to which they refer and may not be placed within a public right- of-way. Private Traffic and on site Directional Signs are excluded from total sign count.
(d) Signs which are in the nature of cornerstones, commemorative tables and historical signs, provided that such signs are less than nine square feet in size and not illuminated.
(e) Signs clearly in the nature of decorations customarily associated with any national, local or religious holiday, to be limited to 60 days in any one year and to be displayed not more than 60 consecutive days. Such signs must meet the sign area limitations of the applicable zoning district. Such signs may be illuminated or animated provided that safety and visibility hazards are not created.
(Ord. 27-01. Passed 9-4-01.)
(f) Political signs or posters concerning candidates for elected office, public issues and similar matters to be decided by public election.
(Ord. 6-2005. Passed 3-21-05.)
(g) Signs that indicate the sale, rental or lease of a particular one or two family residential structure or one or two family residential land area, to be limited in size to six square feet, with one sign allowed per lot. Such signs shall not be located in a public right-of-way, and shall not be illuminated. Signs advertising a one or two family residential structure or land area must be removed with 14 days after the sale, rental , or lease has occurred.
(h) Informational window signs that are limited in size to two square feet per sign.
(i) Signs which are less than two square feet in size and are mounted or attached flat or parallel onto a building face of an administrative, business or professional office building which denotes the name and address of an occupant in a building where more than one tenant is located and which has individual and separate entries.
(j) A sign which advertises the sale of personal property such as a garage, yard, porch or moving sale sign provided that it is limited to one sign, not greater than four square feet in size and which sign is located on the sale premises for a time period not greater than two consecutive days. Such signs shall not be located in a public right-of-way.
(k) Construction signs which display the identification of the contractors, architects and other construction principals and temporary development signs which shall include signs indicating or promoting the development of land, facilities, or structures. Construction and/or development signs shall not be illuminated. No more than one such sign shall be permitted per street frontage and such signs shall be installed on the property to which they refer. For sites having at least 100 feet of frontage on each of two public right-of-ways, a second sign maybe permitted facing the second right-of-way if both signs comply with Code requirements. The two signs shall be no closer than 75 feet. The distance shall be measured by drawing two straight lines from the edge to each sign, forming a 90 degree angle. Such signs shall be limited to 32 square feet and 8 feet in height. They shall be placed at least 10 feet from any public right-of-way. In residential subdivisions, development signs must be removed when 75% of the lots in the first subdivision phase have received any certificate of occupancy or the permanent subdivision sign has been erected. For other than single family residential development, development signs must be removed when more than 50% of the space is rented, sold or leased. For construction signs in developed residential neighborhoods, such sign shall conform to the size requirements of the zoning district in which they are located and must be removed upon completion of construction or the commencement of occupancy, whichever event occurs first.
(l) Signs for community events and programs which last for a period of 14 days or less and which are sponsored by nonprofit, public, educational, religious and charitable organizations. Four signs may be displayed during the event for a period of 14 days immediately preceding the commencement of the event. One sign may be located at the site of the event provided it does not exceed 24 square feet in size. All off-site signs shall not exceed 24 square feet in size and must be located on private property with the permission of the property owner. Each sign shall be placed at a different site and shall be removed not later than 48 hours after the scheduled activity. If the program or event is for continuing period of time in excess if 14 days, only one sign, not larger than 10 square feet, is permitted and such sign must be located either at the site of the event or program or at the location of the sponsoring organization.
(m) Signs that indicate the sale, rental, or lease of a particular residential or non- residential undeveloped parcel over three acres in area, multi-family, commercial structure or industrial land area, to be limited to 16 square feet in area and eight feet in height, with one sign allowed per street front. They shall be placed at least 10 feet from any pubic right-of-way, and shall not be illuminated. Individual tenant spaces within a parcel are allowed a window or wall sign in compliance with section 1187.01(n) and 1187.08.
(n) Temporary window signs do not require a permit.
(o) Business flags, not exceeding one per parcel and displaying the corporate or business emblem or seal, may be displayed if flown on a vertical staff or pole and in conjunction with the national flag. The business flag shall not be larger than the national flag and in no instance exceed three feet in width or five feet in length. The business flag shall not display a product and shall contain no advertising copy.
(p) Menu boards, provided such signs are oriented solely for the use of patrons utilizing the drive-thru and are not intended to be visible from adjacent property or the right-of-way.
(q) Messages displayed upon approved Manual Changeable Copy Signs provided for in Section 1187.10(3) may be changed without permit.
(Ord. 27-01. Passed 9-4-01.)
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1187.08 TEMPORARY SIGNS AND TEMPORARY SIGN PERMITS.
(a) General Restrictions for Temporary Signs.
(2) All temporary signs shall be issued permits subject to the restrictions set forth in the schedule of sign regulations of this chapter and the regulations required for permanent signs as is set forth in Section 1187.09 except as otherwise provided therein.
(3) Banners, temporary wall signs and pennants less than 16 square feet are permitted provided that they are attached at each corner, point and/or end so as to prevent movement. Banners may be attached to ground signs within the frame provided that they are attached at each corner, point and/or end so as to prevent movement. Streamers are prohibited. Only one banner is permitted per establishment. No business shall display such signs for more than 90 days per calendar or for more than 30 continuous days. The date each sign is first displayed and the time period for which the sign will be displayed shall be legibly marked on the sign. The area of each banner shall not count toward the minimum sign area as specified in the Schedule of Sign Regulations.
(4) Portable signs, AA@ or AT@ frame signs, windblown, or trailer signs are prohibited. Inflated or air activated attraction devices which can be moved from one location to another without any change in it structural components or members require a permit. No business shall display such signs for more than 90 days per calendar or for more than 30 continuous days.
(5) All temporary signs shall be located at the site or location of the event being promoted or of the headquarters for the sponsoring organization except as otherwise provided for community events in Section 1187.07(1).
(6) The date upon which a temporary sign is first displayed shall be legibly marked in the sign.
(7) The construction requirements set forth in Section 1187.10(5) shall
not be applicable to temporary signs.
(8) Incidental signs are prohibited. (Ord. 27-01. Passed 9-4-01.)
(9) No political sign shall be displayed for more than ninety (90) days per calendar year, or for more than thirty (30) continuous days. Such signs shall not exceed six square feet in area, shall not be illuminated, and shall not create a safety or visibility hazard, nor be affixed to a public utility pole or tree, nor shall they be located within any public right-of-way.
(Ord. 7-2005. Passed 3-21-05.)
(b) Political campaign headquarters signs shall require a temporary sign permit and must meet the requirements of the district in which the headquarters is located.
(Ord. 27-01. Passed 9-4-01.)
1187.09 PERMANENT SIGNS.
(a) All permanent signs shall require a permit. Permitted permanent signs shall be classified into one of these following types: wall signs, ground signs and window signs.
(1) Wall Signs:
(a) Sign Types - The following are included under the term “wall signs” and are allowed in all non-residential zoning districts:
(1) Awning or canopy signs;
(2) Center identification signs;
(3) Changeable copy signs (Marquee signs);
(4) Civic event signs;
(5) Directional signs; on-site;
(6) Instructional signs;
(7) Projecting signs;
(8) Tenant directory signs;
(9) Time and temperature signs;
(10) Under canopy signs;
(11) Wall mounted signs;
(12) Message center signs.
NOTE: Any wall sign may be an electrical sign, an illuminated sign, and/or a neon sign.
(b) Sign Height - No sign shall project above the roofline of the exposed building face to which it is attached. No roof signs are allowed.
(c) Sign Area – The total sign area of wall signs for each business or tenant excluding under the canopy signs, for building less than two hundred (200) feet from the right of way shall not exceed fifteen (15) percent of the exposed building face to which it is attached; total sign area of wall signs for buildings greater than two hundred (200) feet from the right of way shall not exceed twenty (20) percent of the exposed building face to which it is attached. No individual sign shall exceed a sign area of three hundred (300) square feet and every application is entitled to a minimum sign area of thirty (30) square feet. A multi-tenant complex, which does not use a free standing ground sign, may have two (2) additional wall mounted signs. No one sign may exceed fifteen (15) percent of the exposed building face to which it is attached, to a maximum of three hundred (300) square feet per sign. This sign is in addition to any other tenant signs on that building face. This sign is to identify the shopping center name.
(d) Number of signs - The total sign area of building mounted signs permitted each user is dependent upon the surface area of the largest single exposed building face of the building as follows, excluding wall mounted center identification signs;
Building with more than four thousand (4,000) square feet on any exposed building face, with several clearly differential departments, each with separate exterior entrances, are permitted one sign for each different department with a separate exterior entrance.
NOTE: The number of signs on any building may be unlimited, but total sign area is not to exceed maximum allowable square footage.
(e) Illumination - no wall sign facing and within 500 feet of a residential area shall be illuminated.
No sign or signs may exceed the maximum area permitted for that building face except as may be specifically permitted by this code. However, an applicant is allowed to move allotted signs, as calculated in subsection Ac@, from the one building face to another.
(2) Ground Signs: To include pedestal, pylon, monument and other types of free standing signs, may be erected on a lot provided the location, height and other characteristics of the sign meet the regulations of this chapter. Only one ground sign per street front is permitted for any lot in any zoning district unless otherwise addressed in this ordinance.
(a) Freestanding, Major Multi-Tenant Sign.
(1) Criteria. A subject property must meet all of the following criteria to receive a permit for freestanding sign:
(a) A minimum of 250 feet of frontage on one public right-of-way;
(b) A zoning designation of General Business (B-3) Light Manufacturing (M-1) or Heavy manufacturing (M-2).
(c) A multi-tenant complex; and
(2) Sign Types. If the above criteria is met then the following sign types are allowed for a free standing sign:
(a) Pylon signs; provided, however, that any pylon sign must have more than one structure support, and the support must compliment the color and architecture of the primary structure on the premise;
(b) Pedestal signs;
(c) Monument signs;
(d) Tenant directory signs; and
(e) Kiosks
NOTE: Sign content for any pylon sign, or for any pedestal or monument sign in lieu of a pylon sign may include center identification signs and/or changeable copy signs, but shall not include electronic changeable messages. Any major multi-tenant sign may be an electrical sign, an illuminated sign, and/or a neon sign.
(3) Sign Height. A major multi-tenant sign shall not exceed the following maximum height:
(a) Pylon Sign - Twenty-five feet.
(b) Pedestal or Monument Signs - Twelve feet if in lieu of a pylon sign. Otherwise, pedestal and monument signs shall not exceed five feet.
(c) Tenant Directory or Kiosk Signs - Six feet unless the sign is set back a minimum of 50 feet from any pubic right-of-way, in which case it may be ten feet.
(4) Sign Area. A major multi-tenant sign shall not exceed the following maximum sign areas:
(a) Pylon sign - Four hundred square feet for the total of sign faces with no one sign face exceeding 200 square feet.
(b) Pedestal or monument signs - One hundred twenty- eight square feet for the total of all sign faces with no one face exceeding 64 square feet.
(c) Tenant directory or kiosk signs - Fifteen square feet per sign face.
(5) Number of Signs. A major multi-tenant development may have the following maximum number of signs:
(a) Pylon Sign - One sign unless the subject property has an additional 500 feet of street frontage for a total of 750 feet of aggregate frontage on any public right-of-way, in which case the subject property will be allowed one additional sign not to exceed a maximum of two such signs per subject property;
(b) Pedestal or Monument Signs - If the pedestal or monument sign is in lieu of a pylon sign, the number of signs allowed shall be determined pursuant to subsection (5)(a). In addition, two monument signs that identify the name if any multi-use complex are allowed per entrance from a public right-of-way, not to exceed five feet in height; and
(c) Tenant Directory or Kiosk Signs - One sign per frontage on a public right-of-way.
(b) Other Freestanding Signs in B-3, M-1 or M-2 Zoning.
(1) Criteria. A subject property that does not qualify as a major multi-tenant site if any one of the following apply:
(a) The tract being developed less than 250 feet of frontage on one public right-of-way;
(b) Is a single use complex; or
(2) Sign Type. The following sign types are allowed for a minor complex sign:
(a) Pedestal signs; and
(b) Monument signs
NOTE: Sign content for any sign may include center identification signs and/or changeable copy signs, but shall not include electronic changeable messages. Any sign may be an electrical sign, and illuminated sign, and/or a neon sign.
(3) Sign Height. The height of a sign shall be calculated at the rate of 0.75 feet in the sign height for every ten lineal feet of frontage on a public right-of-way; provided, however, that sign height shall be calculated at the rate of one and one-half feet in sign height for every ten lineal feet of frontage on a public right-of-way for any multi-tenant complex and provided, further that such sign shall not exceed a maximum height of 12 feet and every application is entitled to a minimum height of five feet.
(4) Sign Area. For any multi-tenant complex, sign area allowed for shall be calculated at the rate of two square feet per lineal foot of frontage on a public right-of-way not to exceed a maximum of sign area of 128 square feet for the total of all sign faces on each permitted sign with no sign face exceeding 64 square feet. For other uses, sign area allowed shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet. Notwithstanding the foregoing sign area calculations, every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet.
(5) Number of Signs. A subject property qualifying for signs under this section may have one Pedestal or Monument sign and wall signs conforming to Section 1187.09(c).
(c) B-1 and B-2 Zoned Areas
(1) Criteria. A subject property located in B-1 or B-2 is permitted a freestanding sign with the following restrictions.
(2) Sign Type. The following sign types are allowed in areas zoned B-1 or B-2:
(a) Pedestal signs;
(b) Monument signs; and
(c) Tenant Directory Signs.
NOTE: Sign content for any pedestal or monument sign may include center identification signs and/or changeable copy signs ut shall not include electronic changeable messages. Any sign may be an electrical sign, an illuminated sign and/or a neon sign.
(3) Sign Height. Signs shall not exceed the following maximum heights:
(a) Pedestal or Monument Signs - Five Feet
(b) Tenant Directory Signs - Six feet unless the sign is set back a minimum of 50 feet from any public right- of-way, in which case it may be ten feet.
(4) Sign Area.
(a) Pedestal or monument signs - Sign area allowed for shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way; provided however that any sign shall not exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no sign face exceeding 40 square feet, and every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet.
(b) Tenant directory signs - Fifteen square feet per sign face.
(5) Number of Signs. A subject property qualifying for a sign in the areas zoned B-1 or B-2 may have the following maximum number of signs:
(a) Pedestal or Monument signs- One sign per frontage on a public right-of-way; and
(b) Tenant Directory Signs - One sign per frontage on a public right-of-way.
(Ord. 27-01. Passed 9-4-01.)
1187.10 GENERAL REQUIREMENTS
(a) Illumination. Illumination of signs shall be permitted in all districts. Illumination shall be from a concealed or indirect light source and shall not flash, blink, fluctuate, travel, move or in any manner fail to provide constant illumination and shall not create a hazard or visibility problem or interfere with or impair vehicular movement on any street from which the sign may be viewed. Illuminated signs shall be constructed and maintained so that the source of illumination is shielded or otherwise prevented from the beaming directly onto adjacent properties or streets.
(Ord. 27-01. Passed 9-4-01.)
(b) Animated, mechanical, and digital signs and billboards.
(1) Purpose and intent. The intent of this subsection is to provide standards allowing utilization of specific types of mechanical moving signs and billboards and digital signs and billboards that create digital images that are changed every few seconds by computers. The purpose of the standards is to protect residential areas from exposure to light and motion sequences involving lighted messages that exceed those of existing signage, and manage, for safety purposes, the exposure of motorists to excessive distractions caused by visual displays adjacent to roadways.
(2) Time-and-temperature and digital signs.
A. Time-and-temperature signs: Single line electronic time and temperature signs are allowed. All other types of mechanical or electronic changeable copy signs, flashing signs, moving signs and animation signs are prohibited, except as provided herein.
B. Digital signs:
1. Number. No more than one digital sign is allowed per site unless it is a multi-tenant location with 750 feet or more of road frontage.
2. Size. Lighted display surfaces shall not exceed 32 square feet for single-tenant sites or for multi-tenant sites having less than 200 feet of road frontage. Multi-tenant sites having more than 200 feet of road frontage may have digital signs with lighted display surfaces of up to 100 square feet in area. The entire sign must conform to the height, size, setback, and location requirements currently established for respective zoning district.
3. Style and brightness. The restriction applicable to digital billboards listed in Sections 1187.10(b)(4)(c) and (d) shall apply to digital signs.
4. Location. Digital signs are prohibited everywhere except in the B-3, M-1, and M-2 Zoning Districts. Whenever a proposed digital sign site is adjacent to a residential property or a residential district, approval of the Board of Zoning and Building Appeals is required.
5. Conversion of nonconforming signs. Whenever an owner seeks to convert a nonconforming sign to a digital sign, the sign must be brought into full compliance with existing sign- code requirements.
(3) Nonconforming uses. The requirements established in Chapter 1153, Nonconforming Uses, shall not apply to the action of substituting a static billboard face for an digital face as described in this subsection.
(4) Size, height, style, brightness of digital billboards.
A. Size: The maximum total sign area for digital billboards shall not exceed that of the billboards they replace, and in no case shall exceed 378 square feet. In cases where multiple billboards are attached to a single support system, only one billboard may be a digital billboard.
B. Height: The maximum height of digital billboard shall not exceed 35 feet above the street elevation, or the maximum height requirements of the zoning district it lies within, whichever is less.
C. Style: Other than changes of digital image, which shall not occur more frequently than once every eight seconds, restrictions listed in Sections 1187.10(a) and (b) shall apply.
D. Brightness: To protect residential areas from excessive or pulsating light, the brightness of light emitted from an electronic variable message sign shall not increase by more than 0.3 foot candles (over ambient levels) as measured using a foot candle meter at a distance of 200 feet. Within 1,000 feet of residences, the brightness may be required to be adjusted to 0.25 foot candles (over ambient levels). The foot candle readings will be taken as follows:
1. At least 30 minutes past sunset, use a foot candle meter to record the ambient light reading for the area. This is done while the digital billboard is off or displaying all black copy.
2. The reading should be taken with the meter aiming directly at the digital sign from a distance of 200 feet.
3. Turn the digital display to full white copy and take another reading.
4. If the difference between the readings is 0.3 foot candles or less (Or, if required, 0.25 foot candles if within 1,000 feet of a residence) the brightness is properly adjusted.
The desired effect of these standards is to drop the night time brightness of the sign to approximately 4% to 15% of its capable output, and is based on the daytime brightness operating near maximum output (7500 nits), which is required to overcome full sunlight.
In addition, toning of individual colors may be required to reduce brightness intensity of particular colors. Upon demand, the digital billboard owner/operator will be required to demonstrate clear and comprehensible proof that a sign is in compliance.
(5) If located on a state highway. If the sign is located on a state highway, the following information must be provided:
A. A copy of the current ODOT sign permit for the existing sign.
B. A copy of the ODOT permit allowing the proposed electronic variable message sign. In lieu of a permit for the proposed sign, a notarized statement is acceptable from the sign owner stating the current and proposed billboard conforms to all state regulations and standards established by the Ohio Revised Code and all appropriate state and federal agencies.
(6) Existing structure. Replacement sign size cannot exceed the size of the original sign. If the existing sign is nonconforming in regard to size, the replacement variable message sign must be altered to conform.
(7) Permit procedures.
A. A permit for an electronic medium billboard will be issued upon providing information stipulated on the permit application and completion of the requirements listed in this subsection and payment of the appropriate fee.
B. Permits are valid for a period of two years from the date of issuance of the permit. At the end of the two-year period, a new permit must be obtained or the electronic variable message (digital) billboard must be removed. Continuing permits will not be issued if the electronic variable message sign demonstrates a history of noncompliance.
C. Permits for electronic variable message signs may be revoked under if any of the following occur:
1. That the application for the permit, or supporting information, contains materially false, misleading or inaccurate information.
2. An electronic variable message device has been erected or maintained contrary to the terms and conditions of the permit.
3. The required fee has not been paid.
4. That the location does not conform to the rules and laws of the State and City.
5. That any other provisions of this section or the rules adopted hereunder have been violated.
(8) Emergency community notification. All digital billboard owners and operators, upon contact by the Mayor or Chief of Police (or on-duty Officer-in-Charge) are required to, within one hour of notice, post emergency announcements on the digital billboard. The duration of the announcement will be dependent upon the emergency. Such announcements will be limited to situations involving danger to citizens due to criminal activity, weather conditions or local, state or national emergencies.
(Ord. 45-2014. Passed 8-4-14.)
(c) Manual changeable copy signs. Manual changeable copy signs shall be permitted on ground signs only. Manual changeable copy signs shall comprise no more than one third (33.3%) of the total area of the sign per side or ten square feet per side, whichever is more, and shall comply with the maximum height standards specified in the schedule of sign regulations, and shall be an integral part of the sign. In residential districts, manual changeable copy signs shall not be internally illuminated and may illuminated only between 6:00 a.m. and 11:00 p.m.
(d) Pennants, Streamers, etc. No sign shall contain or consist of banners, pennants, ribbons, streamers or similar moving devices.
(e) Construction. The construction of all signs, including any electrical wiring necessary for the operation of illuminates signs shall conform to the specifications of the Ohio Basic Building Code. All signs shall be adequately maintained and shall not constitute a safety hazard. The sign faces of a sign shall be kept neatly, painted or posted at all times and, where applicable, shall be painted or replaced with blank panel(s) when copy is removed.
(f) Location.
(1) All permanent signs shall be located on the site being promoted, identified or advertised. Off premise signs are prohibited.
(2) In no case shall any part of a sign be placed in, over, or extend onto any public right-of-way except for projecting nameplates on lots where no front yard exists and for publicly owned signs such as traffic control and directional signs. In no case shall any part of a sign be placed in, over or extend above the roof line of any structure.
(g) Maximum number, height, and area of signs. In addition to placement of signs, the heights, area and number permitted signs allowed per use or lot shall be regulated by districts and uses as listed under the Schedule of Sign Regulations of this chapter, except as specifically regulated elsewhere in this chapter. The height of a ground sign shall be measured from the established grade to the adjacent public street at the proposed sign location.
(h) Billboards.
(1) Billboards are hereby defined as any sign with over 100 square feet of advertising for off-premise business.
(2) Outdoor advertising billboards shall be permitted only in M-2 Districts subject to the following provisions:
A. Such billboards or signs shall not be located within 100 feet of an existing street right-of-way or in front of an established building line, whichever distance is less.
B. No billboard or sign shall be more than 35 feet above street elevation on which it fronts;
C. Such billboards or signs shall not be located within 2000 feet of any other outdoor advertising billboard situated on the same side of the street involved;
D. Such billboard or sign shall not be located on or within 50 feet any building, within 20 feet of any lot line, or within 1000 feet of any residential district.
(3) The maximum display are for any one outdoor advertising billboard shall not exceed 378 square feet for the one face, and 800 square feet for two or more faces.
(4) Billboards, signs and advertising structures as involved herein, where permitted, shall be erected or placed in conformity with the side and rear yard requirements of the district in which located, except than no billboard, sign or advertising structure as involved herein shall be erected or placed closer than 1,000 feet to the boundary of a side or rear lot in any residential district.
(i) Roof signs. Roof signs are prohibited.
(j) Permanent residential subdivision identification signage.
(1) Such identification shall be limited to wall mounted signs or graphics only, for example, with placement on a brick wall, railroad ties, entrance columns on each side of a street or on a similar architectural or landscaping entrance feature that may be used. The reverse sides of identification features shall be finished to match the fronts. Pole type signage is hereby prohibited. Sign copy shall be limited to the name and logo of the subdivision.
(2) Such identification features may not be located in the public right-of-way. Under no circumstances shall such feature be located in the tree lawn nor the clear sight triangle defined in Section 1187.02, nor impair the future utilization or expansion of public streets.
(3) The maximum area for such identification is 20 square feet at any one entry location. A maximum of one permanent residential subdivision identification is permitted on each side of the street at each entry location to a development.
(4) No part of any such sign shall be closer to any public right-of-way than ten feet.
(5) The maximum height for such identification is six feet above grade.
(6) Applications for permanent subdivision identification signs must demonstrate provisions for future maintenance and maintenance
easements at the time of final platting. Written consent of the property owner of each proposed sign location shall be submitted with each permit application. (Ord. 27-01. Passed 9-4-01.)
1187.11 SIGN AREA MULTIPLIERS
(a) The sign area and sign number allowed, as set forth in section 1187.09 may be increased in the following instances; provided, however, that in no event shall the sign exceed the maximum sign area allowed.
(1) If no signs on the subject property have internally lighted sign faces, then the total sign area allowed may be increased by 25 percent.
(2) If all signs, other than center identification signs, are building mounted signs, the total sign area allowed may be increased by 25 percent.
(3) If the height of a freestanding sign in a B-3 major multi-tenant complex is 12' or less, the area of the sign may be increased by 20 percent.
(4) If the height of a freestanding sign in a B-3 zoned not classified as a major multi-tenant complex is 6 feet or less the area of the sign may be increased by 20 percent. (Ord. 27-01. Passed 9-4-01.)
1187.12 NONCONFORMING SIGNS AND ILLEGAL SIGNS.
(a) The continuance of an existing sign which does not meet the regulations and requirements of this chapter shall be deemed a nonconforming sign but is not subject to the conditions outlined in Chapter 1153. All nonconforming signs must meet the provisions of this ordinance at the time any of the following events occur.
(1) When the sign is associated with an abandoned use.
(2) When the sign remains after the termination of a business. A business has ceased operations if it is closed to the public for at least 90 consecutive days and no active building permit is on file for remodeling or reconstruction. Seasonal businesses are exempt from this determination.
(3) When the sign is not maintained or does not conform to the following:
A. All signs, together with all supports, braces, guys and anchors shall be kept in repair and in proper state preservation. The display surfaces of all signs shall be subject to periodic inspection.
B. Every sign and the immediately surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary and inoffensive condition free and clear of all obnoxious substances, rubbish and weeds.
C. Should any sign become unsafe or in danger of falling, the owner thereof or the person responsible for maintaining the sign shall proceed at once to put such sign in a safe and secure condition or shall remove the sign. When the Zoning Inspector or his designee finds, upon the investigation, that a sign is unsafe and/or unsound structurally, he shall notify the owner of the said sign, together with the owner of the land on which the sign is located, by certified mail of his findings. Such notice shall advise the owner that the sign has been declared abandoned and/or unsafe and/or structurally unsound and must be removed within ten (10) days for an unsafe and/or structurally unsound sign. The owner may request an opinion as to the existence of a violation from the Board of Zoning Appeals as provided for in Section 1127 of the Zoning Code. If an unsafe, or structurally unsound sign is not removed as ordered and the owner has not requested an opinion as to the existence of the violation from the Board of Zoning Appeals, the same may be removed at the expense of the lessee or owner after ten (10) days of notice for an unsafe or structurally unsound sign. If the Municipality is not immediately reimbursed for such costs, the amount thereof shall be certified to the County Auditor for collection as a special assessment against the property on which the sign is located.
(4) Abandonment shall be determined based upon the above definitions, at a public hearing of the Board of Zoning Appeals. Upon finding that signage is abandoned, the right to maintain and use such sign shall terminate immediately.
(b) Enlargement, replacement or other modifications resulting from change in business, change in sign design, lapse of time for continuous business operation (180 days) or whether the cost to repair or maintain an existing sign exceeds fifty (50%) percent of the replacement value of the sign.
(c) A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this chapter. Should any replacement or relocation take place without being brought into compliance, the sign shall be existing illegally.
(d) A nonconforming sign shall be maintained as required in accordance with the following provisions:
(1) The size and structural shape shall not be changed or altered. The copy may be changed provided that the change applies to the original nonconforming use associated with the sign and that the change is made by the owner of the sign at the time the sign became nonconforming; the copy area shall not be enlarged. Any subsequent owner or user shall bring the sign into compliance within 30 days.
(2) In case damage occurs to the sign extent of 60% or more of either the structure or the replacement value of the sign, the sign shall be brought into compliance. Where damage in the sign is less than 60% of the structure or its replacement value, the sign shall be repaired within 60 days.
(e) If any sign installed, erected, constructed or maintained in violation of any provision of this Chapter, except for nonconforming signs in compliance with Section 1187.12, the Zoning Inspector or his designee shall notify the owner if user thereof to comply with the provisions of this chapter by certified mail. If the owner or user fails to comply with such notice, and the owner has not requested an opinion as to the existence of the violation from the Board of Zoning Appeals, or, after a reasonable search, cannot be found, the Zoning Inspector or his designee shall cause such graphic or such portion thereof as is constructed or maintained in violation of this chapter to be taken down; the expense of which shall be paid by the owner or user. Unless clearly specified otherwise, the property owner will be considered to be the presumptive owner of said sign. However, nothing herein contained shall prevent the Zoning Inspector or his designee from adopting such precautionary measures as may seem to him necessary or advisable in case imminent danger to place the graphic in safe condition, the expense of which shall be paid by the owner of the premises or recovered against him in the manner as further described in this section.
If a violation of a provision of this Chapter is repeated within 180 days of a previous violation of the same provision of this chapter by the owner or user subject of the previous violation on the same property as the previous violation, such sign maybe seized immediately and a charge assessed for removal without additional notification.
Fees for removal shall be immediately due and payable to the Municipality. Notice of such assessment shall be given to the owner or user by mailing such notice to the address utilized by the County Treasurer for tax billing purposes and by posting a Notice of Assessment at the subject premises where the sign owner and property owner are the same. All assessments not paid within ten (10) days after such mailing and posting, after approval by Council, shall be certified by Finance Director to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected.
The City may also collect such costs together with interest through a civil action in the appropriate court of law having jurisdiction thereof and seek such additional orders from a court of competent jurisdiction as many be necessary from time to time in order to enforce the provisions of this section.
Every owner or occupant of real estate in the Municipality impliedly grants a license to the Zoning Inspector, his designee or Municipal employees to enter upon real property in the Municipality without the consent of the owner or user for the purposes of fulfilling the provisions of this section. (Ord. 27-01. Passed 9-4-01.)
1187.13 STREET NUMBERS REQUIRED.
An owner, occupant or person having control of a residential, industrial, commercial or public building shall display the numerical address of the building in Arabic numbers not less than four inches in height on both sides of all ground signs.
(a) The color of the numbers shall contrast to the color of the surface on which they are mounted and the numbers shall be clearly visible from the street on which the building is numbered.
(b) The numbers shall be placed on the front of the building facing the street on which the building is numbered.
(c) For building not having entrance doors facing the street on which the buildings are numbered, numbers of all units within such building shall be placed either on the wall of the building facing the street on which the building is numbered or on a sign in compliance with this chapter.
(d) The owner of a residential building may post additional sets of address numbers provided that one set complies with the provision of this section.
(e) Whoever violates this section or any part thereof, upon being notified in writing of such violation by the Zoning Inspector , shall have 30 days in which to comply with the provisions of this section. Upon expiration of the 30 days and failure to comply with the provisions of this section within that period the owner, occupant or person having control of a building shall be deemed in violation. Each subsequent day shall constitute a separate violation.
(Ord. 27-01. Passed 9-4-01.)
1187.14 LANDSCAPING AND CONSTRUCTION MATERIALS FOR GROUND SIGNS.
(a) Permanent ground signs shall be erected in a landscaped planter or area, the design of which is approved by the Zoning Inspector, and that is at least three times the area of the sign in size excluding any landscaped area otherwise required by City Ordinance.
(b) Permanent ground signs shall be constructed of materials which are homogeneous with those materials found on the structure of the property.
(Ord. 27-01. Passed 9-4-01.)
1187.99 PENALTY.
(a) No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provisions of this Zoning Ordinance, or any amendment or supplement thereto adopted by Council. Whoever violates any provision of this Zoning Ordinance, or any amendment or supplement thereto, shall be deemed guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00). Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed to be a separate offense.
(b) In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Zoning Ordinance or any amendment or supplement thereto, Council, the City Solicitor, or an Assistant City Solicitor, the Chief of the Division of Building and Zoning Inspection, or any adjacent or neighboring property owner who would be specially damaged by such violation, may in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 27-01. Passed 9-4-01.)
(Ord. 27-01. Passed 9-4-01.)
SIGN SCHEDULES
B-3, M-1, M-2 MAJOR MULTI-TENANT COMPLEX | ||||||
NUMBER OF SIGNS PER TYPE | MAXIMUM AREA | |||||
SIGN TYPE | PER BUSINESS | PER STREET FRONT | MAXIMUM HEIGHT | COMMENTS | MINIMUM SETBACK FROM ROW (FT.) | |
G R O U N D S I G N S | PYLON | --- | Frontage = 250 ' - 750' = 1 Sign Frontage = More than 750' = 2 signs | 25 ft. | 400 Sq. Ft. total sign faces NO one sign face exceeding 200 sq. ft. | 10' |
PEDESTAL MONUMENT | ----- | If utilizing a pedestal or monument sign in lieu of a pylon sign, then the same number as above based on frontage, plus two additional 5 ft. high monument signs to identify the complex is allowed per entrance from public right-of-way. | 12 ft. in lieu of pylon otherwise should not exceed 5 ft. | 128 sq. ft. for total sign faces; NO face exceeding 64 square feet. | 5' | |
TENANT DIRECTORY KIOSK | --- | 1 per frontage on public right-of-way | 6 ft. unless sign is set back more than 50' from right-of-way - then 10' | 15 sq. ft. per sign face | 10' | |
WALL SIGNS | unlimited - but total sum area not to exceed maximum allowable sq. footage | --- | NO sign should project above the roof line | 15% of buidling face area - not to exceed 300 sq. ft. if less than 200 feet from R.O.W., or 20% of building face area - not to exceed 300 sq. ft. if greater than 200 ft. from R.O.W. | --- | |
** Must qualify as a Major Multi-Tenant complex as per section 1187.
** A Multi-Tenant Complex which does not use a freestanding ground sign may have 2 additional wall mounted signs. Section 1187.09(a)(1)(c)
B-1 & B-2 ZONED AREAS | ||||||
NUMBER OF SIGNS PER TYPE | MAXIMUM SIGN AREA | |||||
SIGN TYPE | PER BUSINESS | PER STREET FRONTAGE | MAXIMUM HEIGHT | COMMENTS | MINIMUM SET BACK FROM ROW (FT.) | |
G R O U D D S I G N | PYLON | --- | --- | --- | --- | 10' |
PEDESTAL MONUMENT | --- | 1 per frontage on public right-of-way | 5 | 1 per sq. ft. lineal frontage; Not to exceed 80 sq. ft. Total of all sign faces. No sign face to exceed 40 sq. ft. Min. Total Area - 50 sq. ft. Min. Single Area - 25 sq. ft. | 5' | |
TENANT DIRECTORY KIOSK | --- | 1 per frontage on public right-of-way | 6 ft. unless sign is set back more than 50' from right-of-way - then 10' | 15 sq. ft. per sign face | 10' | |
WALL SIGNS | 1 for every 4,000 sq. ft. exposed building face | --- | NO sign should project above the roof line | 15% of building face area - not to exceed 300 sq. ft. If less than 200 feet from R.O.W., or 20% of building face area - not to exceed 300 sq. ft. if greater than 200 ft. from R.O.W. | --- | |
B-3, M-1, M-2 - OTHER THAN MAJOR MULTI-TENANT COMPLEX | ||||||
NUMBER OF SIGNS PER TYPE | MAXIMUM SIGN AREA | |||||
SIGN TYPE | PER BUSINESS | PER STREET FRONT | MAXIMUM HEIGHT | COMMENTS | MINIMUM SET BACK FROM ROW (FT.) | |
G R O U N D S I G N S | PYLON | 0 | 0 | --- | --- | --- |
PEDESTAL MONUMENT | 0 | 1 | Single Use - 0.75' in height/10 L.F. of frontage on right-of-way (Max 12') Multi-Use - 1.5' in height/10 L.F. of frontage on right-of-way (Max 12') | Single Use - 1 sq. ft./L.F. of frontage on right-of-way Max. 80 sq. ft. for total of all sign faces. No one sign face exceeding 40 sq. ft. Min. Sign Area = 50 sq. ft. total or 25 sq. ft. with one sign face | 5' | |
TENANT DIRECTORY KIOSK | 0 | 0 | --- | 15 sq. ft. per sign face | -- | |
WALL SIGNS | 1 sign for every 4,000 sq. ft. exposed building face | 1 | NO sign shall project above the roof line | 15% of building face area - not to exceed 300 sq. ft. If less than 200 feet from R.O.W., or 20% of building face area - not to exceed 300 sq. ft. if greater than 200 ft. from R.O.W. | --- | |
RESIDENTIAL: MULTIPLE FAMILY PROJECT IDENTIFICATION | ||||||
NUMBER OF SIGNS PER TYPE | MAXIMUM SIGN AREA | |||||
SIGN TYPE | PER UNIT | PER BUILDING | PER STREET FRONT | MAXIMUM HEIGHT | COMMENTS | MINIMUM SET BACK FROM ROW (FT.) |
GROUND | --- | --- | 1 | 6 | Maximum size 20 sq. ft.; either 1 ground sign or 1 wall sign per street front | 10' |
WALL | --- | --- | 1 | --- | Maximum size 20 sq. ft.; either 1 ground sign or 1 wall sign per street front | -- |