(a)

The regulations of this chapter are intended to protect and promote the public health, safety, convenience, comfort, prosperity and general welfare of the residents of the City of Hilliard; to maintain and improve the appearance of the community; to conserve community character; to prevent traffic hazards; to provide safe conditions for pedestrians; and to promote economic development by regulating the construction, alteration, repair, maintenance, size, location and number of signs. It is further determined that to allow signs of excessive number and size in the City would unduly distract pedestrians and motorists, create potentially dangerous traffic conditions and reduce the effectiveness of signs needed to direct the public. The regulations of this chapter are intended to provide reasonable identification for businesses and other uses within the community; but are not intended to serve as a means of advertising.

(b)

The general objectives of this Graphics and Sign Code include:

(1)

Requiring all signs to be reviewed for approval prior to installation;

(2)

Requiring all signs to be properly constructed, installed and maintained;

(3)

Controlling the size, location and design of signs so that the appearance of such signs will be aesthetically harmonious with its surroundings, encouraging signs that are appropriate to the zoning districts in which they are located;

(4)

Encouraging readable signs;

(5)

Reducing visual clutter;

(6)

Eliminating any conflict that would be hazardous between private signs and public signs including traffic control signs and devices;

(7)

Ensuring that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment; and

(8)

Controlling signs located along the interstate system.

(c)

It is the intent of this Chapter that signs are as much subject to control as noise, odors, debris and like characteristics of a use. In establishing the purpose and objectives of this Sign and Graphics Code, the City has determined that without adequate regulation and design standards, signs could become a nuisance to the City and its citizens. As the appearance of the City is marred by the excessive number, oversized and poorly designed signs, both residential and business property values are adversely affected. Therefore, the number of such distracting signs should be reduced and permitted signs should comply with the standards established by this Code in order to alleviate the aforementioned negative effects.

(d)

It is also the intent of this Code that any variances applied for be granted to the minimum extent necessary and those approved shall be characterized in a manner that is specifically worded to afford that applicant relief taking into consideration the applicant's type of business or industry, hours of operation, physical location and sign design (including, but not limited to, sign size, colors and materials).

(e)

This Chapter shall supersede all previous regulations regarding signs and shall be considered the minimum requirements necessary for promotion of the public health, safety, convenience, comfort, safety, prosperity, and general welfare through the regulation of signs.

(Ord. 14-29. Passed 10-27-14; Ord. No. 24-11, § 1(Exh. A), 6-10-24.)

(a)

Applicability. No sign shall be permitted in any district except as hereinafter provided. Only one sign shall be permitted for each property or use in any zoning district unless provided otherwise herein. The provisions of this Chapter shall apply to all signs of every nature, whether portable or attached to the realty, except as otherwise provided herein, either specifically or by necessary implications.

(b)

Basic Standards.

(1)

All signs must be of a professional character, must be erected by a registered sign erector, unless otherwise permitted within this chapter, and must comply with the provisions provided herein. No homemade lettered signs shall be permitted, whether or not a permit is required.

(2)

All parts of a sign except the sign face shall be finished in only one color which shall be black, gray, brown or some neutral variation of brown. A maximum of four colors will be permitted on the sign face. More than four colors are permitted on a temporary construction sign which depicts a full color approved rendering of the new building.

(3)

Wall signs may be externally or internally illuminated. Ground signs may be internally illuminated or externally illuminated by backlit silhouetted halo letters. All other types of external illumination for ground signs is prohibited.

(4)

The function of the sign is in keeping with the uses in the surrounding area, the appearance of such signs is aesthetically harmonious with their surroundings and the sign is appropriate to the zoning districts in which it is located.

(5)

The sign shall be in harmony with the buildings on the site and shall not detract from the appearance of the general neighborhood in which it is located or adversely affect property values in the neighborhood.

(6)

The sign shall not constitute a traffic hazard or contribute to traffic problems through confusion with traffic control devices, interference with the field of vision of motorists using streets or driveways in the area, or by creating a visual distraction for motorist, and must be legible.

(c)

Clear Vision Triangle. No signs shall be placed within a clear vision triangle required by Section 1121.03(c).

(d)

Signs in Public Right-of-way. No signs shall be placed in any public easement, right-of-way, utility easement, sight triangle, or no build zone except publicly or semi-publicly owned signs authorized by the City Engineer, such as traffic control signs and City authorized directional signs.

(e)

Official Public Signs Exempt. Public notices by governmental bodies, and other official signs and notices are exempt from the provisions of this section. The Planning Director or designee may authorize the erection of other signs reasonably necessary for the regulation of traffic and of parking areas on private property in nonresidential districts. Such signs shall relate only to traffic flow and safety. No sign shall include advertising material, nor shall it be larger than reasonably required for its purpose.

(f)

Measurement. No sign shall exceed the maximum sign area allowed for the district in which it is located. The sign area is to be expressed in square feet, computed to the nearest tenth of a square foot, and shall be calculated as follows:

(1)

Area. The area of a sign shall be measured as the area within the smallest single rectangle which encompasses all of the letters and symbols, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed.

(2)

Double-Faced sign. The area of a ground or projecting sign that has two or more faces shall be measured by including the area of all sign faces, except if two faces are placed back-to-back and are no more than twelve inches apart at any point, the area of one face shall be counted toward the maximum size requirement. If the two back-to-back faces are of unequal size, the larger of the two sign faces shall be counted as the one face.

(3)

Wall sign. For a sign consisting of individual letters and/or a logo affixed directly onto a building, the area of the sign shall be computed by measuring the area of the envelope required to enclose the lettering and logo. For cabinet signs, the area of the sign shall be calculated as the area of the entire cabinet, regardless of content.

(4)

Height. The height of a sign shall be measured as the vertical distance from the highest point of the sign to the finished grade of the ground immediately beneath the sign, excluding any artificially constructed earthen berms.

(5)

Multi-Tenant Buildings. For buildings with multiple tenants, the sign area for each tenant shall be determined by measuring the width of each tenant space on the front building elevation.

(g)

Illumination and Movement. All illuminated signs shall meet the following requirements:

(1)

The light source for any illuminated sign shall not be directly visible from adjacent streets or property. Internally illuminated signs shall have an opaque background. The internally illuminated portion shall be limited to the letters and/or logo. Exposed neon as part of any sign and/or on the building shall not be permitted. Backlit silhouetted halo letters shall be permitted provided the light source is fully concealed. Push-thru letter signs shall be permitted provided that the letters or logos extend no farther than a ¼ inch from the sign face and the light value shall not exceed 4 lumens measured one (1) foot from the face of the letter or logo. External illumination, excluding backlit silhouetted halo letters permitted above, is not permitted.

(2)

For all signs, the level of illumination emitted or reflected from a sign shall not be of intensity sufficient to constitute a demonstrable hazard to vehicular traffic or pedestrians on any right-of-way or parking lot from which the sign may be viewed. All illumination must be of reasonable intensity and shall not spill onto adjacent properties or rights-of-way. Signs adjacent to residential buildings and streets shall not be of such brightness to cause reasonable objection from adjacent residential districts or uses nor to spill light and glare onto adjacent residential properties and structures.

(3)

Signs shall not be illuminated before 7:00 a.m. or upon opening to the public whichever is earlier, nor more than one-half hour after the close of business to the public or 10:00 p.m., whichever is later, except for signs that face Interstate 270 on properties that front the I-270 right-of-way or the portion of Lyman Drive right-of-way immediately adjacent to Interstate 270.

(4)

Ground signs abutting a residential district or use shall be at least 15 feet from the property line abutting the residential district or use.

(5)

Wall signs must face toward the major traffic arterial access, as approved by the Planning Director.

(6)

Signs illuminated by electricity or equipped in any way with electric devices or appliances shall conform, with respect to wiring and appliances, to provisions of the Building Code relating to electrical installations. All wiring, fittings and materials used in construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the National Electrical Code as adopted by the Board of Building Standards.

(h)

Safety.

(1)

Signs shall not closely resemble or approximate the shape, form and color of official traffic signs, signals and devices.

(2)

No signs shall be so placed as to obstruct or interfere with a required doorway, other required means of ingress or egress, or traffic visibility.

(3)

Signs shall be so constructed that they shall withstand a wind pressure of at least 30 pounds per square foot of surface, and shall be otherwise fastened, suspended, or supported so they shall not be a menace to persons or property.

(4)

No display or advertising sign shall be attached to the standard of a ground sign, other than the display surface originally constructed as part of the sign. No sign shall be attached to or painted or otherwise displayed on a light standard, gasoline pump, fence, wall, post or other structure, or to any supporting device, except as specifically authorized in this section.

(5)

For provisions concerning damaged nonconforming signs, see Section 1129.11.

(i)

Maintenance and Inspection.

(1)

Unsafe Signs. Should any sign or bench be or become insecure or in danger of falling or become otherwise unsafe, the owner thereof or persons maintaining the same, on receipt of written notice from the Code Enforcement Officer, shall proceed immediately to put it in a safe and secure condition or remove it.

(2)

Regular Maintenance. Every sign and all the support, braces, guys and anchors thereof, shall be kept in repair and, unless made of non-corroding material, shall be thoroughly and properly painted at least once every four years. The Code Enforcement Officer may order removal or compliance of any such signs that are not maintained in accordance with the conditions of this section.

(3)

Alterations. The following regulations shall apply to alterations:

A.

No sign shall hereafter be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this chapter, and then not until a permit has been issued by the Planning Director or designee.

B.

The repainting of signs shall not be deemed to be an alteration within the meaning of this section when repainted in the exact manner in which the sign existed at the time of the most recent painting.

(4)

Nonconforming Signs. For provisions concerning damaged nonconforming signs, see Section 1129.10.

(5)

Abandoned/Closed Business Signs.

A.

All signs pertaining to the business location shall be removed entirely or have the sign face replaced with a blank face no later than 14 days from the last date of operation. Upon removal of the entire sign, building faces/walls shall be free of discoloration and sign remnants, including patterns or outlines of the sign on the building face or wall that remain after the sign has been removed. Last date of operation means the final day the business is open to the public. Turning the sign face from view is not a permitted "blank face" nor is painting over the sign face. Replacing the sign with cardboard or like materials is not permitted.

B.

A sign shall be considered abandoned under any of the following circumstances:

1.

When the business permanently leaves the premises on which the sign is located.

2.

When the sign remains after the discontinuance of a use. A business is considered to have discontinued operations if it is closed to the public for at least 60 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 on its immediate premises is not adequately maintained, becomes unsafe or is in danger of falling, and the repairs or maintenance ordered by the Designated Code Enforcement Officer are not effected within 14 days.

4.

When a legally nonconforming sign is not brought into conformity upon any change in use, design, replacement or as otherwise provided in this Chapter.

5.

When a legally nonconforming sign remains after its use is no longer permitted.

C.

If the property owner or sign owner does not remove the abandoned/closed business sign as defined herein or have the sign face replaced with a blank face , the following procedure shall apply:

1.

The Code Enforcement Officer shall request a public hearing before the Board of Zoning Appeals for a determination by that Board as to whether or not the sign is abandoned pursuant to the procedure prescribed in Chapter 1106.

2.

The Code Enforcement Officer, who may be a Hilliard police officer, shall notify the property owner and/or the owner of the sign, of the time and date of the public hearing.

3.

The Code Enforcement Officer shall keep a record of the fact that notice was sent by ordinary mail and the service of notice by ordinary mail shall be deemed complete upon mailing. If the address of the owner is unknown, it shall be sufficient to publish the notice as prescribed in Chapter 1106.

D.

Upon determination by the Board of Zoning Appeals that the sign is abandoned, the right to maintain and use such sign shall terminate immediately and the Code Enforcement Officer shall issue an order for the sign to be removed within 14 days by the property owner and/or sign owner. Any abandoned sign standing 14 days following an order for removal may be removed by direction of the Code Enforcement Officer at the sign and/or property owner's expense. If the sign or property owner refuses to pay for removal of the sign, the cost of such removal shall be certified by the City as due and owing and added to the sign and/or property owner's county property tax records as a lien.

(Ord. 14-29. Passed 10-27-14; Ord. 15-26. Passed 7-13-15; Ord. No. 21-09, § 1(Exh. A), 3-22-21; Ord. No. 24-11, § 1(Exh. A), 6-10-24.)

(a)

Exempt Signs. Signs not requiring a permit, as provided herein, shall not be considered in the computation of other permitted signs in any district. The following signs do not require a permit:

(Ord. 14-29. Passed 10-27-14; Ord. 15-26. Passed 7-13-15; Ord. No. 24-11, § 1(Exh. A), 6-10-24.)

(a)

Prohibited Signs. The following signs or similar devices are prohibited:

(1)

Flashing, moving, rotating, strobe light, intermittently lighted signs, moving or stationary beacon, string of lights or other mechanical devices not to include barber poles.

(2)

Projected images and animated signs.

(3)

Portable signs.

(4)

Pole signs.

(5)

Roof signs or signs that extend above any portion of the roof.

(6)

Billboards and all other off-premise signs, except as specifically authorized in this Chapter.

(7)

Off-site directional signs, except for City-sponsored or authorized wayfinding signs and similar signs determined by the City to be in the public interest.

(8)

Electronic variable message signs and portions of signs, except time and temperature indicators that do not use incandescent displays and fuel pricing signs.

(9)

No sign or banner shall contain or consist of pennants, ribbons, streamers, spinners, whirligigs or balloons, except as specifically authorized in this Chapter.

(10)

Externally visible neon and neon look-alike signs. Neon may be used for internal illumination if totally enclosed and not externally visible; however, neon signs in accordance with standards for window signs outlined in Table 1129-3 are permitted.

(11)

Search lights or laser lights.

(12)

The use of vehicles, trailers or similar movable structures as signs is prohibited when the vehicle, trailer or similar movable structure is parked on public or private property within 50 feet of any property line abutting a public street, except for those:

A.

Lawfully parked overnight or during non-business hours in a place not visible from a public street or in a designated truck parking or loading area;

B.

Making deliveries or sales calls;

C.

Making trips to transport persons or property;

D.

In conjunction with active construction operations on the site; or

E.

Passenger vehicles, pick-up trucks, and vans, containing signs that do not exceed 16 square feet in area painted on or permanently affixed to the doors or integral body panels and such vehicles are of a size that can fully fit within a standard parking space.

(13)

A sign constructed, located, positioned or illuminated so as to block from view, imitate or interfere with the effectiveness of any official traffic control device or official public sign.

(14)

Any look-alike versions of these prohibited sign types.

(15)

Directional signs.

(b)

Additional Prohibited Signs in Old Hilliard. The following signs or similar devices are prohibited:

(1)

Marquee signs.

(2)

Neon signs, except as provided in standards for window signs outlined in Table 1129-3.

(3)

Digital signs.

(4)

Off-premise graphics.

(5)

Pole signs.

(6)

Mobile or portable signs.

(7)

Interior-illuminated signs.

(8)

Billboards or outdoor advertising panels.

(9)

Blinding, moving, flashing or rotating signs.

(10)

Signs mounted on the top of a building or on the roof.

(11)

Signs that advertise a national product or co-op signage.

(12)

Signs extending above the wall of any structure to which they are attached.

(c)

Prohibited Locations. Signs shall not be installed in any of the following locations:

(1)

In any public right-of-way or easement unless specifically authorized by this Chapter and the City Engineer.

(2)

In any no-build zone unless specifically authorized by this Chapter and the City Engineer.

(3)

In any public park unless specifically authorized by this Chapter and the Director of Recreation and Parks.

(4)

On any other public property unless specifically authorized by this Chapter and the City Manager.

(5)

On any traffic control signs, construction signs, fences, utility poles, street signs, trees or other natural objects, except as otherwise specifically provided in this Chapter.

(6)

In any location where the view of approaching and intersecting traffic would be obstructed. No sign shall be located so as to interfere with the safe movement of vehicles or pedestrians entering, leaving or crossing a public right-of-way.

(7)

In any residential area, except as expressly permitted in this Chapter or in Chapter 745, Canvassers, Peddlers and Solicitors.

(8)

On any property without the prior authorization of the property owner.

(9)

In any location which obstructs a doorway or fire escape.

(10)

Any sign placed in a prohibited sign location shall be removed by the City and stored for a minimum of 72 hours and shall thereafter be destroyed.

(Ord. 14-29. Passed 10-27-14; Ord. 15-26. Passed 7-13-15; Ord. No. 24-11, § 1(Exh. A), 6-10-24.)

Permitted signs in each zoning district and the regulations governing those signs are listed in Table 1129-5. The following signs are considered primary signs: ground, wall, awning and projecting. Where specifically permitted, each property may have up to two primary signs as follows: a ground sign and a wall, awning or projecting sign.

;adv=6;(Ord. 14-29. Passed 10-27-14; Ord. 15-26. Passed 7-13-15; Res. 19-R-05. Passed 2-25-19; Ord. No. 21-09, § 1(Exh. A), 3-22-21; Ord. No. 24-11, § 1(Exh. A), 6-10-24.)

Editor's note— Ord. No. 24-11, § 1(Exh. A), adopted June 10, 2024, repealed § 1129.06, which pertained to B-4, I-270 District and derived from Ord. 14-29. Passed 10-27-14.

(a)

Permits Required. No sign described in Section 1129.05, whether permanent or temporary, shall be erected, constructed, altered, relocated, repaired or replaced within the limits of the City by any person, firm or corporation until a permit has been issued by the Planning Director or designee, except as otherwise provided in this Chapter. All sign permits shall be valid for a period of one year from the date of issuance, and shall thereafter be void if the approved sign is not erected within this time period. All sign applications shall be submitted by and signed by the property owner.

(b)

Pre-application Meeting. Any person contemplating the erection of a sign is encouraged to first schedule a pre-application meeting with the Planning Director or designee. The purpose of the pre-application meeting is to ensure that the applicant understands the City's sign regulations and the application requirements.

(c)

Application Requirements. All sign applications shall include the following information:

(1)

Location of building, structure or lot on which the sign is to be erected or attached.

(2)

Detailed colored drawing to illustrate the dimensions, design, materials and structure of each sign.

(3)

Site drawing to scale, showing the property boundaries, street right-of-way line, curb line, building location, access drives and location of all ground, directional, menu or other sign proposed to be located on the ground. The setback dimension from the right-of-way line and the curb line to the nearest edge of the sign shall be shown on the site plan.

(4)

Photographs of the property or building upon which the sign is to be erected or attached.

(5)

Building elevations, which illustrate the position of wall, awning, projecting or other signs to be mounted on the building.

(6)

Plans, specifications and method of construction for attachment to the building or in the ground.

(7)

Name and address of the sign erector and email address.

(8)

A current Contractor Registration on file with the City of Hilliard.

(9)

An approved Zoning Certificate for the business.

(10)

Other information that the Planning Director or designee may require to ensure full compliance with this and all other applicable laws of the City and State.

(d)

Approval. The Planning Director or designee shall make a decision on an application within 14 days of submission. The Planning Director or designee shall approve the application and issue a sign permit if it is determined that the application fully complies with the requirements of this Chapter. If the application does not comply, the Planning Director or designee shall inform the applicant that it may proceed in one of three ways:

(1)

The applicant may complete an application to be scheduled before the Planning and Zoning Commission for hearing, review and consideration as a modification, per Section 1129.08; or

(2)

Revise and resubmit the application for a second review within 14 days of staff review decision, consistent with the Planning Director or designee's findings as to compliance (revised and resubmitted applications not received within 14 days shall be void); or

(3)

The applicant may complete an application to be scheduled before the Board of Zoning Appeals to be heard as an appeal.

(Ord. 14-29. Passed 10-27-14; Ord. No. 21-09, § 1(Exh. A), 3-22-21; Ord. No. 24-11, § 1(Exh. A), 6-10-24.)

(a)

The Planning and Zoning Commission shall have the complete authority to hear and decide all requests for modification of the sign requirements of this Chapter in all zoning districts.

(b)

Any applicant that desires to erect a sign that does not conform to the provisions of this Chapter must apply for a modification prior to the erection and installation of such sign. Any request for a modification of the requirements of this Graphics and Sign Code shall be heard and decided by the Commission, as provided in this Section.

(c)

Prior to the Commission hearing and deciding any matter concerning a modification, it shall hold a public hearing. The Commission shall fix a reasonable time for the hearing and shall provide not less than seven (7) days public notice of the time, place and purpose of the public hearing on the City's website and on the City's public bulletin board at the Municipal Building. The City shall provide not less than seven days notice by ordinary mail of the time, place and purpose of the public hearing to the owners of all properties lying within 200 feet of any part of the property for which the proposed sign modification is sought. The failure to notify property owners, as provided in this section, shall not invalidate any action taken or modification granted by the Commission.

(d)

Applicants carry the burden of establishing the necessity for the modification and why the applicant has encountered practical difficulties in adhering to the code. The granting of modifications shall be the exception and not the rule of the Commission, which shall take into consideration the following factors in reviewing any such request:

(1)

Whether the property will yield a reasonable return or whether there can be any beneficial use of the property without the variance;

(2)

Whether the variance sought is substantial;

(3)

Whether the essential character of the neighborhood would be substantially altered or whether adjoining property owners would suffer substantial detriment as a result of granting the variance;

(4)

Whether the variance would adversely affect the delivery of governmental services;

(5)

Whether the property owner purchased property with knowledge of zoning restrictions;

(6)

Whether the property owner's predicament feasibly can be obviated through some method other than variance; and

(7)

Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the requested variance.

(e)

In granting a modification, the Commission may impose such requirements and conditions regarding the location, character, and other features of the sign as the Commission deems necessary to carry out the intent and purpose of this Graphics and Sign Code and to otherwise safeguard the public health, safety, convenience, comfort, safety, prosperity and general welfare.

(f)

Any such modification shall be necessary to preserve a substantial property right, the hindrance of which resulted from this Chapter and shall be in harmony with the public interest.

(g)

Any modification approved by the Commission must result in obtaining a sign permit and erecting the sign within one year of approval. Any application approved by the Commission that does not result in obtaining the sign permit and erecting the sign within one year shall be void.

(Ord. 14-29. Passed 10-27-14; Ord. 15-26. Passed 7-13-15; Ord. No. 24-11, § 1(Exh. A), 6-10-24.)

No person shall, as a business or as an independent contractor, undertake or perform work or construction, installation, addition or repair of any sign or sign equipment required by this Chapter; represent or advertise himself/herself or as a business, either publicly or privately, as having the ability to perform such work; or undertake such work within the City unless such person is registered pursuant to Chapter 729 of the Codified Ordinances. This section does not apply to a property owner or tenant that desires to install or erect a sign on his/her own property which installation does not require the skills of a professional sign contractor.

(Ord. 15-26. Passed 7-13-15; Ord. 19-31. Passed 12-9-19; Ord. No. 21-09, § 1(Exh. A), 3-22-21; Ord. No. 24-11, § 1(Exh. A), 6-10-24.)

Any lawfully existing sign that does not conform to the provisions of this Chapter, either in existence prior to the date of adoption of this Chapter or located in areas annexed thereafter shall be deemed a nonconforming sign.

(a)

A nonconforming sign shall not be relocated or replaced unless it is brought into compliance within the provisions of this Chapter.

(b)

A nonconforming sign shall only be maintained or repaired in the following manner:

(1)

The size and structural shape shall not be changed or altered, except to remove entire elements that reduce the overall sign size.

(2)

Any subsequent owner or user shall bring the sign into compliance, except if the subsequent owner or user was also the lessee.

(3)

In the case where damage occurs to the sign, the owner or the owner's authorized representative shall, within 14 days of the damage, schedule a pre-application meeting, as described in Section 1129.06(b), with the Planning Director or designee for the purpose of establishing whether the sign was damaged to the extent of 50 percent or more of replacement value. Based on that determination, an application for a permit must be submitted by the owner or the owner's authorized representative within ten business days from the date of the pre-application meeting. Where the damage to the sign is less than 50 percent of its replacement value, the sign shall be repaired to its original configuration within 45 days from the date the sign permit is issued. If the damage is greater than 50 percent of its replacement value, the sign shall be removed in its entirety within 30 days from the date of damage and any subsequently erected sign must comply with the requirements of this Chapter.

(4)

No sign for which a prior modification was approved by the Planning and Zoning Commission may be replaced, relocated or altered in any way, except in those instances described in Section 1129.08 hereof, without the review and approval of the Commission and subsequent issuance of a new sign permit, unless such sign is brought into full compliance with this Code, in which case the Planning Director or designee may issue a permit.

(Ord. 14-29. Passed 10-27-14; Ord. No. 21-09, § 1(Exh. A), 3-22-21; Ord. No. 24-11, § 1(Exh. A), 6-10-24.)

The Code Enforcement Officer or other authorized city official, who may be a Hilliard police officer, will monitor signs permitted under this Chapter. Enforcement action may be taken where the requirements of this Chapter are not met. See also Section 1129.12 for concurrent jurisdiction of the Department of Public Safety.

(a)

If it is found that any sign is unsafe or insecure, the Code Enforcement Officer shall give written notice thereof to the owner; permit holder or person maintaining the premises. The owner, permit holder or person maintaining the premises shall, upon the receipt of written notice from the Code Enforcement Officer, proceed at once to put such a sign in a safe and secure condition or remove the same.

(b)

If the Code Enforcement Officer finds any sign has been installed, erected, constructed or maintained in violation of any of the terms of this Chapter, the Code Enforcement Officer shall notify, in writing, the owner, permit holder or person maintaining the premises to alter such sign so as to comply with the provisions of this Chapter.

(c)

If the owner, permit holder, or person maintaining the sign or premises fails to comply with such notice by the date of reinspection, or cannot be found or his/her whereabouts cannot be ascertained with reasonable diligence, in addition to the penalties provided in Section 1129.12, the Code Enforcement Officer may cause the sign to be removed or altered to comply with the order at the expense of the permit holder, owner or person maintaining the premises. If the permit holder, owner, or person maintaining the premises fails to pay the City for the expenses of removal or alteration, the full amount of such removal or alteration costs and expenses shall be forwarded to the County Auditor and added to the property tax duplicate of the permit holder, owner, or person maintaining the premises.

(d)

If a violation of a provision of this Chapter is repeated within 60 days of a previous violation of the same provision, the subject sign may be seized immediately and a charge assessed for removal without additional notification.

(e)

Fees for removal shall be immediately due and payable to the City. Notice of such assessment shall be given to the property owner mailing 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 days after such mailing and posting, shall be certified by the Finance Director to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected.

(f)

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 may be necessary from time to time in order to enforce the provisions of this section.

(g)

Every owner or occupant of real estate in the City impliedly grants a license to the Code Enforcement Officer and municipal employees to enter upon real property in the City without the consent of the owner or user for the purposes of fulfilling the provisions of this section.

(Ord. 14-29. Passed 10-27-14; Ord. No. 21-09, § 1(Exh. A), 3-22-21; Ord. No. 24-11, § 1(Exh. A), 6-10-24.)

Any person, business, firm, corporation, partnership, organization, or association violating any provision of this Chapter or failing to obey any lawful order issued pursuant to its terms shall be guilty of a misdemeanor of the first degree and punished as provided in Section 501.99. Each day, or portion thereof, during which the violation is committed, continued, or permitted to continue shall constitute a separate offense. The Chief of Police shall have concurrent jurisdiction with the Code Enforcement Officer to enforce all violations under this Chapter and to delegate such enforcement to law enforcement officers pursuant to Chapter 765 of the Ohio Revised Code. Subsequent to issuance of a ticket and notice to comply, the law enforcement officer may cite the property owner, permit holder or person maintaining the sign into Mayor's court or to the Franklin County Environmental Court for violations under this Chapter.

(Ord. 14-29. Passed 10-27-14; Ord. No. 21-09, § 1(Exh. A), 3-22-21; Ord. No. 24-11, § 1(Exh. A), 6-10-24.)

(a)

Appeal from an Administrative Decision or Planning and Zoning Commission Decision. Any person aggrieved by the decision of the Code Enforcement Officer or of the Planning and Zoning Commission in authorizing or denying a sign may appeal that decision to the Board of Zoning Appeals ("Board") within twenty (20) days of the decision. The Board shall hold a hearing and approve with or without modifications or disapprove the application at its next regularly scheduled meeting following receipt of notification from the Designated Code Enforcement Officer that an applicant has appealed. Notice of the hearing shall be as provided in Section 1106.06.

(Ord. 15-26. Passed 7-13-15; Ord. No. 21-09, § 1(Exh. A), 3-22-21; Ord. No. 24-11, § 1(Exh. A), 6-10-24.)

Editor's note— Ord. No. 24-11, § 1(Exh. A), adopted June 10, 2024, repealed § 1129.16, which pertained to mural program and derived from Ord. 18-21. Passed 10-22-18.