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Kirtland City Zoning Code

CHAPTER 1286

SIGNS

§ 1286.01 PURPOSE.

   The purpose of this chapter is to promote the public health, safety and welfare through the provision of standards for existing and proposed signs of all types. More specifically, these regulations are intended to:
   (a)   Enhance and protect the physical appearance of the community by controlling the design of signs so their appearance will be aesthetically harmonious with their surroundings and overall design for the area;
   (b)   Promote and maintain visually attractive residential, historical, office, business and commercial and industrial districts;
   (c)   Ensure that signs are located and designed to reduce sign distraction and confusion that may be contributing factors in traffic congestion and accidents and maintain safe and orderly pedestrian and vehicular environments;
   (d)   Provide review procedures that enable the city to evaluate the appropriateness of a sign to the site, building and surroundings; and
   (e)   Abate preexisting nonconforming signs which have collectively become a public nuisance and constitute "sign blight" adversely impacting the aesthetics, vitality and value of the city's commercial areas and create a hazard to vehicular and pedestrian traffic.
(Ord. 04-O-28, passed 8-23-2004)

§ 1286.02 DEFINITIONS.

   (a)   Abandoned sign. "Abandoned sign" means a sign which no longer directs, exhorts or advertises a bona fide business, service, lessee, lessor, owner, product or activity conducted or available on the premises where the sign is located.
   (b)   Animated sign. "Animated Sign" shall mean any sign that uses flashing lights or movement of the sign or some element thereof, to depict action or create a special effect or scene.
   (c)   Awning or canopy sign. "Awning" or "Canopy sign" shall mean any sign that is painted on, printed on or attached to an awning, canopy or other fabric, plastic or structural protective cover.
   (d)   Back lighted letter. "Back lighted letter" is an illuminated reverse channel letter with an open or translucent back so that light from the letter is directed against the surface behind the letter producing a halo lighting effect around the letter; also referred to as a silhouette or halo-lighted.
   (e)   Banner sign. "Banner sign" shall mean a sign made of lightweight fabric or similar material with no enclosing framework that is secured to a building or other structure at one or more edges.
   (f)   Billboard sign. "Billboard sign" (synonymous with off-site advertising) shall mean a sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
   (g)   Building sign. "Building Sign" shall mean any sign attached parallel to any part of a building and including wall signs, awning or canopy signs and window signs.
   (h)   Cabinet sign. "Cabinet sign" is a sign structure consisting of the frame and face(s) not including the internal components, embellishments or support structure.
   (i)   Changeable copy sign. "Changeable copy sign" shall mean a portion of a sign with letters, characters or graphics that are not permanently affixed to the structure, framing or background allowing the letters, characters or graphics to be modified manually or by electronic or mechanical devices from time to time as situations change, such as bulletin board or announcement board.
   (j)   Channel letter. "Channel letter" is a fabricated or formed three-dimensional letter that may accommodate light source.
   (k)   Electronic message center. "Electronic message center" is a variable message sign that utilizes computer-generated messages or some other electronic means of changing copy.
   (l)   Entrance or exit sign. "Entrance or exit sign" shall mean a sign located at the driveway entrance or exit and intended to provide for safe ingress and egress.
   (m)   Exterior illuminated sign. "Exterior illuminated sign" is a sign that is illuminated by a light source that is directed towards and shines on the face of a sign; also called direct illumination.
   (n)   Flag sign. "Flag sign" shall mean a piece of flexible material having a distinctive size, color and design, used as a symbol, standard, signal or emblem.
   (o)   Ground or monument sign. "Ground or monument sign" shall mean a sign supported from the ground and not attached to any building.
   (p)   Halo lighted. See definition of backlighted letter (d).
   (q)   Ideological sign. "Ideological sign" shall mean any temporary sign announcing an idea, opinion or position on a social or political issue and containing no commercial message.
   (r)   Illuminated sign. "Illuminated sign" shall mean a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
   (s)   Instructional sign. "Instructional sign" shall mean a sign that has a purpose secondary to the use on the lot and that is intended to instruct employees, customers or users as to matters of public safety or necessity such as specific parking requirements, the location or regulations pertaining to specific activities on the site or in the building, and including a sign erected by a public authority, utility, public service organization or private industry that is intended to control traffic; direct, identify or inform the public; or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy.
   (t)   Internally illuminated sign. "Internally illuminated sign" is sign illuminated internally through its sign face by a light source contained inside the sign.
   (u)   Marquee sign. "Marquee sign" shall mean a sign attached to a structure, other than an awning or canopy sign, projecting from a wall of a building above an entrance and extending over a street, sidewalk or part thereof.
   (v)   Mobile sign. "Mobile sign" shall mean a sign that is on wheels, runners, casters or has a frame to which wheels, runners or casters may be affixed, parked trailers, parked vehicles or other mobile devices, including tethered and/or anchored balloons.
   (w)   Pan channel letter. "Pan channel letter" is a dimensional letter that is constructed with sidewalls, a back and a face making the letter a solid integral unity with the sidewalls and back having a pan shaped cross section.
   (x)   Permanent sign. "Permanent sign" shall mean a sign that is not temporary.
   (y)   Pole sign. "Pole sign" means a sign which is supported entirely by a pole, poles or posts and so designed as to permit pedestrian or vehicular traffic thereunder.
   (z)   Projecting sign. "Projecting sign" shall mean a sign that is attached to a building wall and extending 12 inches or more perpendicular to the face of the wall.
   (aa)   Reverse channel letter. "Reverse channel letter" is a fabricated dimensional letter with opaque face and sidewalls. (See definition (d) Backlighted letter.)
   (bb)   Roof sign. "Roof sign" shall mean a sign erected, constructed or maintained wholly upon or over the roof or parapet wall of any building with the principal support on the roof structure.
   (cc)   Sign face. "Sign face" shall mean the area or display surface used for the message.
   (dd)   Sign plate. "Sign plate" shall mean a wall sign not exceeding two square foot in area.
   (ee)   Signs. "Signs" shall mean any visual communication display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on or displayed from a building or structure, in order to direct or attract attention, or to announce or promote, an object, product, place, activity, person, institution, organization or business or the like, by means of letters, words, model, banner, flag, pennant, insignia, device, designs, colors, symbols, fixtures, images, illuminations or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purpose of this code, the word "sign" does not include flag, pennant, badge or insignia of any government or governmental agency.
   (ff)   Temporary sign. "Temporary sign" shall mean a sign that is designed to be used only temporarily and is not intended to be permanently attached to a building, a structure or permanently installed in the ground.
   (gg)   Wall sign. "Wall sign" shall mean a sign painted on, attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall and not extending more than 12 inches therefrom and which does not project above the roofline or beyond the corner of the building.
   (hh)   Window sign. "Window sign" shall mean a sign that is applied or attached to a window or door or a sign located near a window within a building for the purpose of being visible to and read from the outside of the building except for signs that are not legible from a distance of more than three feet beyond the building in which such sign is located.
(Ord. 04-O-28, passed 8-23-2004)
Cross-reference:
   Images, see pictorial examples in the appendix to this chapter

§ 1286.03 APPLICATION OF SIGN REGULATIONS.

   (a)   The regulations contained in this section shall apply to signs outside of the public right-of-way.
   (b)   A sign may only be erected, established, painted, created or maintained in conformance with the standards, procedures, exemptions and other requirements of this chapter.
   (c)   All permanent signs shall comply with the sign design guidelines set forth in § 1286.13, Design Standards.
   (d)   Architectural features that are either part of the building or part of a freestanding structure are not considered signs but shall conform to § 1286.09(c). Architectural features include:
      (1)   Any construction attending to, but not an integral part of the sign, and which may consist of landscape or building or structural forms that enhance the site in general; and
      (2)   Graphic stripes and other architectural painting techniques applied to a structure that serves a functional purpose or to a building when the stripes of other painting technique do not include lettering, logos or pictures.
(Ord. 04-O-28, passed 8-23-2004)

§ 1286.04 COMPUTATION AND MEASUREMENTS.

   The following regulations shall control the computation and measurement of sign area, sign height, window area and building frontage.
   (a)   Determining sign area or dimension.
      (1)   Sign area shall include the face of all the display area of the sign. Sign area shall not include the frame and structural support unless such structural support is determined by the Zoning Inspector to constitute an integral part of the sign design.
      (2)   For a sign that is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of one rectangular shape that encompasses the entire background or frame. (See Figure 1.)
 
      (3)   For a sign comprised of individual letters, figures or elements on a wall or similar surface of a building or structure, or an irregular shaped ground sign, the area of the sign shall be the area of one rectangular shape that encompasses the perimeter of all the elements in the display.
         A.   When separate elements are organized to form a single sign, but the elements are separated by open space, the area shall be the area of one rectangular shape that comprises all the display areas, including the space between the elements.
         B.   One minor extension may be permitted to extend above or below the sign area when the area of the extension is less than 25% of the open space included in the sign area. For the purposes of this section, only the open space within the sign area that is located above and below the majority of the letters shall be included in the calculation. See Figure 2.
 
      (4)   For ground signs and projecting signs: The sign area shall be computed by the measurement of one of the faces when two identical display faces are joined, are parallel or within 30 degrees of being parallel to each other.
      (5)   Air under a ground sign between supporting posts, air between a projecting sign and the wall to which it is attached and lighting fixtures and associated brackets shall not be included in the calculation of sign area. See Figure 1.
(Ord. 04-O-28, passed 8-23-2004)

§ 1286.05 DETERMINING SIGN HEIGHT.

   The height of a sign shall be measured from the average grade at the base of the sign or support structure to the tallest element of the calculated sign area or support structure. A ground sign on a human-made base, including a graded earth mound, shall be measured from the average site grade prior to the addition of the sign and human-made base.
(Ord. 04-O-28, passed 8-23-2004)

§ 1286.06 DETERMINING BUILDING FRONTAGE AND BUILDING UNIT.

   For the purposes of these sign regulations, the length of the building wall that faces a public street or that contains a public entrance to the uses therein shall be considered the building frontage.
   (a)   The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls.
   (b)   In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.
   (c)   A building shall have only one building frontage except as otherwise set forth below.
   (d)   A building shall have two frontages whenever the lot fronts on two or more streets, or the building has a public entrance on a wall other than the wall that faces the street. The property owner shall determine which wall shall be the primary building frontage and which wall shall be the secondary building frontage. Only one outside wall of any business shall be considered its primary frontage and only one additional wall considered its secondary frontage.
   (e)   For multi-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.
(Ord. 04-O-28, passed 8-23-2004)

§ 1286.07 DETERMINING WINDOW AREA.

   The window area of a building shall be the total glass area of windows on the building frontage. For the purposes of determining window area for ground floor occupants, the ground floor shall be considered to be no more than 15 feet in height above grade.
(Ord. 04-O-28, passed 8-23-2004)

§ 1286.08 SIGNS FOR RESIDENTIAL USES AND SIGNS IN RESIDENTIAL DISTRICTS.

   (a)   Table 1, Permitted Signs (sf-sq. ft.; d.u.-dwelling unit; ft-foot).
Type of Sign
Uses
Single Family Dwelling
Two-Family Dwelling
Multi-Family
Non-Residential
Type of Sign
Uses
Single Family Dwelling
Two-Family Dwelling
Multi-Family
Non-Residential
Permanent Signs
   Sign plate – wall, window or ground
      Maximum number
1/d.u.
1/d.u.
1/d.u.
1/building
      Maximum sign area (sf)
2
2
2
4
   Ground sign for use/development
      Maximum number ***
1/entrance
1/entrance
1/entrance
1
      Maximum total sign area (sf)
32
32
32
32
      Maximum height (ft)
6
6
6
6
      Minimum setback from right-of-way (ft)
25
25
25
25
   Wall sign
      Maximum number
n.a.
n.a.
n.a.
1
      Maximum area (sf)
n.a.
n.a.
n.a.
40
Temporary Signs
   Window sign or ground sign
      Maximum total sign area (sf)
8/d.u.
8/d.u.
4/d.u.
32
      Maximum height – ground (ft)
5
5
5
5
      Minimum distance from right-of-way (ft)
0
0
0
25
   Banner
      Maximum number
n.a.
n.a.
1
1
      Maximum area (sf)
n.a.
n.a.
30
30
      Maximum height (ft)
n.a.
n.a.
12
20
      Minimum distance to right-of-way (ft)
n.a.
n.a.
25
25
Instructional Signs
   Maximum number/entrance
n.a.
n.a.
2
2
   Maximum area each sign (sf)
n.a.
n.a.
4
4
   Minimum distance from right-of-way (ft)
n.a.
n.a.
0
0
***except as provided in § 1286.08(b)(4)
 
   (b)   Supplementary regulations for ground signs.
      (1)   Ground signs that exceed four square feet in area shall be erected with a minimum of two supporting posts or on a solid base.
      (2)   Ground signs shall be erected in a landscaped setting.
      (3)   No part of a ground sign, the wall or entry feature on which a sign is mounted, or the landscaping shall obstruct the view of vehicles entering or exiting the property.
      (4)   Residential identification monument signs. A residential identification monument sign, indicating the name of the subdivision or residential development, if part of the overall architectural treatment of the entrance of the development, except as otherwise provided and permitted in § 1248.16, shall be permitted for each entrance to a development pursuant to the area and height regulations in subsection (a) of this section and in compliance with the following:
         A.   Such identification (monument) signs shall be placed on corner parcels at openings to a development at the intersection of a development with an arterial street (on private property with an easement), on blocks owned by the homeowner's association or city, or on a cluster or multi-family development parcel, no closer than ten feet to the right-of-way and five feet from a side lot line, except as pe1mitted in subsection B. of this section.
         B.   Such identification (monument) signs may be placed in the right-of-way provided such signs shall be located on a divided entranceway island, placed no closer than 15 feet to the intersecting street's planned right-of-way line and set back five feet from the curb of the divided island if an easement is granted by City Council for such signs.
         C.   A maximum of two sign faces shall be permitted per entrance to an arterial street: either as a double-sided monument sign or as two single-sided monument signs either freestanding or mounted on a brick or masonry wall or wood fence. The sign face height can be no more than six feet above normal grade and cannot extend beyond the limits of the wall or fence.
         D.   Support structures for the mounting of residential identification signs shall be no more than six feet above normal grade and 120 square feet in area for the portions of the structure that face the arterial street. The Planning and Zoning Commission may permit additional decorative features above these standards, including railings, pillars, arches, gateways, lamp posts, etc., if they are part of the overall architectural treatment of the entrance and do not detract from the surrounding residential areas.
      (5)   For non-residential uses a maximum of 75 percent of the permitted ground sign area may be devoted to changeable copy.
      (6)   For non-residential uses, ground signs shall contain the street address in numerals not exceeding seven inches in height.
      (7)   Minimum side yard. Ground signs shall be located not less than 30 feet from a side lot line provided, however, when adjacent to a Non-Residential District or a lot used for nonresidential purposes, a ground sign shall be not less than 15 feet from the side lot line.
      (8)   Location. The Planning and Zoning Commission may approve the location of a ground sign less than the required distance from a road right-of-way if it finds the sign will not interfere with traffic sight lines and that the required setback is unreasonable because of existing site conditions; provided, however, that, no ground sign or part thereof shall be permitted in a road right-of-way.
   (c)   Supplementary regulations for temporary signs.
      (1)   Temporary signs for residential uses and temporary window signs for nonresidential uses may be erected for an unspecified time.
      (2)   For non-residential uses, one temporary ground sign that does not exceed six square feet may be erected for an unspecified time. All other temporary ground signs and temporary banner signs shall be permitted for a maximum of 15 consecutive days, not more than 45 days per calendar year.
      (3)   Vacant parcels in residential districts shall be permitted one temporary sign. The maximum permitted sign area shall be not more than four square feet for every 200 feet of lot frontage or fraction thereof; provided, the sign shall not exceed 16 square feet.
      (4)   Temporary signs that are erected in order to announce or advertise a specific event shall be erected no earlier than 30 days before the event and shall be removed within seven days after the close of such event.
   (d)   Illumination. Permanent signs may be illuminated as provided in § 1286.11(a) of this chapter.
   (e)   Instructional signs. Instructional signs that are clearly intended for instructional purposes shall be permitted as needed on a lot in a residential district when the lot is devoted to a multi-family or non-residential use.
(Ord. 04-O-28, passed 8-23-2004; Am. Ord. 11-O-13, passed 4-18-2011; Am. Ord. 21-O-19, passed 5- 17-2021)

§ 1286.09 SIGNS IN BUSINESS AND INDUSTRIAL DISTRICTS.

   Signs in Business and Industrial Districts, except for residential uses shall comply with the standards in the following sections.
   (a)   Building signs. The maximum number and area of permanent signs attached to buildings shall conform to the table below. Building signs include wall signs, window signs, awning or canopy signs and projecting signs.
Table 2 Building Signs
Zoning District
IO
HTC
RB
LI
Table 2 Building Signs
Zoning District
IO
HTC
RB
LI
a. Signplate
   Maximum number per address
1
1
1
1
   Maximum area (sf)
2
2
2
2
b. Building
   Maximum number per occupant
1
1
1
1
   Maximum area permitted sq. ft./ft. frontage
1
1
1
1
   Maximum square foot area per occupant
50
50
50
70
c. Projecting Sign
   Maximum number per building
n.a.
1
n.a.
n.a.
   Maximum area permitted (sf)
n.a.
12
n.a.
n.a.
 
   (b)   Window signs.
      (1)   Ground floor occupants. A window sign shall not exceed 40 percent of the total glass area at the ground floor window and shall comply with the design standards for signs (§ 1286.13).
      (2)   Upper floor occupants. For a multi-story building, each occupant above the ground floor shall be permitted one permanent sign to be placed in a window of the occupant's space, not to exceed six square feet or 25 percent of the area of the window in which the sign is placed, whichever is smaller. These signs shall be in addition to the maximum allowable area for building signs provided in Table 2.
   (c)   Secondary frontage or access. If a building or occupant has frontage on a second street or has access from a second public entrance such as a parking lot an additional sign area may be permitted on the secondary frontage not to exceed 40 percent of the sign area permitted for the primary frontage, as determined in § 1286.06.
   (d)   Projecting signs. Projecting signs shall be permitted only in the Historic Town Center District. Projecting signs shall be limited to occupants that have a minimum of 20 feet of occupant frontage. All projecting signs shall have a maximum height of 15 feet, but shall not extend above the parapet line, and a minimum clearance of eight feet from the ground to the bottom of the sign, except when the projecting sign is located above a landscaped area or other area that does not permit pedestrian traffic beneath the sign. A projecting sign shall not be permitted to extend into the street right-of-way.
   (e)   Ground signs. Permanent ground signs permitted in Business and Industrial Districts shall comply with the following regulations:
Table 3 Permanent Ground Signs
Zoning District
IO
HTC
RB
LI
Table 3 Permanent Ground Signs
Zoning District
IO
HTC
RB
LI
Ground signs
Maximum number permitted per building
1
1
1
1
Maximum area (sf)
35
25/50**
35
35
Maximum height (ft)
8
10
8
8
Maximum area of sign and supporting structure (sf) ***
55
45/75**
55
55
Setback from public right-of-way (ft)
25
15
25
25
Entrance/exit signs
Maximum number permitted
2/drive
2/drive
2/drive
2/drive
Maximum area per sign (sf)
4
2
4
4
Instructional signs
As regulated in § 1286.09(e)
**   Maximum area may be permitted by the Planning and Zoning Commission for Shopping Centers of four or more establishments as defined in § 1261.09(ss).
***   May be modified by the Planning and Zoning Commission if the ground sign is an integral part of a retaining wall or landscaped area.
 
      (1)   Additional ground signs. An additional ground sign may be permitted on lots not less than four acres in Business and Industrial Districts for a building or development on a corner lot. The additional sign shall not exceed the area as provided in Table 3.
      (2)   Setback from intersections. On a corner lot, ground signs shall comply with the minimum setback provided in Table 3.
      (3)   Minimum side yard. Ground signs shall be located not less than 15 feet from a side lot line provided, however, when adjacent to a Residential District (R-1, R-2, R-3 or R-5) or a lot used for residential purposes, a ground sign shall be not less than 30 feet from the side lot line.
      (4)   Changeable copy. Ground signs may have up to 75 percent of the permanent sign area devoted to changeable copy.
      (5)   Multi-occupant facilities. When a ground sign is permitted on a site that has more than one occupant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building(s), the anchor occupant, all occupants or some combination thereof.
      (6)   Street address. Permanent ground signs shall contain the street address in numerals not exceeding seven inches in height.
      (7)   Landscaping. Ground signs shall be erected in a landscaped setting.
      (8)   Location. The Planning and Zoning Commission may approve the location of a ground sign less than the required distance from a road right-of-way if it finds the sign will not interfere with traffic sight lines and that the required setback is unreasonable because of existing site conditions; provided, however, that, no ground sign or part thereof shall be permitted in a road right- of-way.
   (f)   Temporary signs. Temporary signs in Business and Industrial Districts may be permitted in addition to the permanent signs as regulated in subsections (a) through (e) of this section; provided:
      (1)   Temporary signs may be ground signs, window signs or banner signs;
      (2)   The area of a temporary window sign shall not exceed 25 percent of the total transparent glass area of the window in which the sign is placed;
      (3)   Temporary ground and temporary banner signs are permitted provided:
         A.   There shall be no more than two temporary ground or banner signs each not more than 32 square feet in area;
         B.   Each sign shall have a maximum height of six feet above grade;
         C.   Each sign shall not be less than 15 feet from a street right-of-way except the Planning and Zoning Commission may permit signs less than 15 feet from a street right-of-way in the Historic Town Center District; and
      (4)   Time duration.
         A.   Temporary signs that are created in order to announce a specific event shall be erected no more than 30 days before the event and shall be removed within seven days after the close of such event.
(Am. Ord. 05-0-10, passed 3-21-2005)
         B.   Temporary signs for construction and seasonal purposes may be permitted by the Planning and Zoning Commission, not to exceed 32 square feet, for a time limit as determined and approved by the Planning and Zoning Commission.
         C.   All other signs shall be permitted for a maximum of 15 consecutive days and not more than a total of 45 days each calendar year.
   (g)   Illumination. Permanent signs may be illuminated as provided in § 1286.11(a).
   (h)   Instructional signs. Instructional signs that are clearly intended for instructional purposes shall be permitted as needed and as approved by the Planning and Zoning Commission.
   (i)   Signs for residential uses in Business or Industrial Districts. Signs for residential uses permitted or conditionally permitted in Business or Industrial Districts shall conform to the sign regulations provided in § 1286.08.
   (j)   Ground signs that exceed four square feet in area shall be erected with a minimum of two supporting posts or on a solid base.
(Ord. 04-O-28, passed 8-23-2004; Am. Ord. 11-O-38, passed 7-11-2011; Am. Ord. 21-O-19, passed 5- 17-2021)

§ 1286.10 PROHIBITED SIGNS.

   (a)   All signs not expressly permitted shall be prohibited in the city.
   (b)   Such signs include but are not limited to the following:
      (1)   Roof signs;
      (2)   Billboards;
      (3)   Flags intended for advertising or commercial purposes;
      (4)   Marquee signs;
      (5)   Electronic reader boards, except for public institutions;
      (6)   No mobile signs shall be erected, constructed, displayed or maintained except those on licensed commercial delivery and service vehicles. Such vehicles shall not be parked in any district closer to the street than the front line of the principal building, unless the principal building has a rear parking area; in which case, all such vehicles shall not be parked closer to the street than the rear line of the building;
      (7)   Flashing, moving, inflatable, blinker, racer type, intermittent, rotating, moving or revolving signs, whirligig devices, inflatable signs and tethered balloons, pennants, ribbons, streamers, spinners, exposed light bulbs and strings of lights not permanently mounted to a rigid background and other similar types of attention-getting devices;
      (8)   The interior illumination of signs, except as expressly permitted in § 1286.11(a) and signs with characters, letters, figures, designs or outlines by electric lights or luminous tubes as part of the sign;
      (9)   Merchandise, equipment, products, vehicles or other items not themselves for sale and placed for attention getting, identification or advertising purposes;
      (10)   Permanent sign erected or attached to accessory structures;
      (11)   Outline lighting of the building or roof line;
      (12)   Internal illumination of all or part of the roof; and
      (13)   Pole signs.
(Ord. 04-O-28, passed 8-23-2004)

§ 1286.11 ILLUMINATION, CONSTRUCTION AND MAINTENANCE STANDARDS.

   In addition to the design, size, type and location of signs, all signs shall meet the following standards:
   (a)   Illumination. (See pictorial examples in Appendix.) Permanent and temporary signs shall be permitted to be illuminated as provided in the following:
      (1)   External illumination. All signs that are permitted to be illuminated shall be externally illuminated, except as otherwise permitted in subsection (a)(2) below. External illumination shall comply with the following:
         A.   Only direct lighting from an external source shall be used to illuminate the sign; and
         B.   The source of light shall not be visible from the street or adjacent property.
      (2)   Internal illumination.
         A.   Internal illumination of signs may be permitted by the Planning and Zoning Commission for uses in Business and Industrial Districts provided that only reverse pan channel, or halo-lighted letters, characters or graphics are permitted.
         B.   Internally illuminated cabinets may be permitted by the Planning and Zoning Commission provided such cabinets shall consist of a solid opaque background with "knock-out" areas for copy, graphics and embellishments.
      (3)   Rate of illumination. Signs shall not include animated, flashing, moving or intermittent illumination in which any part of the message changes at a rate of more than once per day, except for public institutions.
(Am. Ord. 11-O-38, passed 7-11-2011)
   (b)   Location of signs and construction standards.
      (1)   No sign regulated by any of the provisions of this section shall be erected in the right-of-way, or at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign signal or device as defined in the Manual of Uniform Traffic Control Devices; or which makes use of the words "STOP", "LOOK", "DANGER" or any other work phrase, symbol or character in such a manner as to interfere with or confuse traffic.
      (2)   No sign shall be attached to a utility pole, tree, trash receptacle, bench or any other structure not intended or approved as a sign support.
      (3)   No sign shall be erected so as to project over and obstruct any window, door, fire escape, balcony, platform stairway, ladder, vent or other means of ingress of any building.
      (4)   The construction, erection, safety and maintenance of signs shall comply with the Ohio Building Code.
      (5)   Signs shall be structurally sound and located so as to pose no threat to pedestrian or vehicular traffic.
      (6)   Permanent signs shall be constructed and erected to withstand wind pressures of at least 30 pounds per square foot of surface and shall be fastened, suspended or supported so that they will not be a menace to persons or property.
      (7)   Permanent signs shall be fabricated on and of materials that are of good quality and good durability.
      (8)   Temporary signs shall be durable and weather-resistant and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.
(Am. Ord. 05-O-11, passed 3-21-2005)
   (c)   Maintenance and removal. All signs shall be maintained as follows:
      (1)   The property owner, occupant or other person responsible for the sign shall maintain the sign in a condition fit for the intended use and he or she shall have a continuing obligation to comply with all Building Code requirements;
      (2)   If the Zoning Inspector finds that any sign is unsafe, insecure or a menace to the public, notice shall be given in writing by the Zoning Inspector to the owner. The owner of the business shall, within 48 hours of such notification, correct such unsafe condition or remove the sign;
      (3)   Whenever any sign, is required to be removed for the purpose of repair, refurbishing or repainting, the same may be done without a permit or any payment of fees provided that all of the following conditions are met:
         A.   There shall be no alteration or remodeling to the sign face, lettering (except as otherwise permitted for changeable copy), sign base, sign support(s) or the mounting of the sign itself;
         B.   There shall be no enlargement or increase in any of the dimensions of the sign or its structure; and
         C.   The sign shall be accessory to a legally permitted, conditional or nonconforming use.
      (4)   The Zoning Inspector may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition.
      (5)   Any sign which no longer advertises a bona fide business conducted shall be removed by the owner of the property or the lessee within 30 days of receipt of written notification from the Zoning Inspector. Failure to remove the sign within the specified time frame will result in the city removing the sign and assessing the property owner with the costs thereof. These removal provisions shall not apply where a succeeding owner or lessee conducts the same type of business and agrees to maintain the sign as provided in this chapter or changes copy on the signs to advertise the type of business being conducted and provided the sign complies with all other provisions of this chapter.
(Ord. 04-O-28, passed 8-23-2004)

§ 1286.12 NONCONFORMING SIGNS.

   (a)   Maintenance of nonconforming signs. Nonconforming signs shall be maintained in good condition and may continue until such sign is required to be removed as set forth in this section.
   (b)   Alteration, relocation or replacement of nonconforming signs. A nonconforming sign shall not be structurally altered, relocated or replaced unless it is brought into compliance with the provisions of this chapter.
   (c)   Reconstruction of damaged sign. If a sign face and/or its support are damaged to the extent where the repair cost exceeds 50 percent of the replacement cost of the sign, the sign shall be removed or brought into compliance. If the repair costs do not exceed 50 percent of the replacement cost of the sign, the Planning and Zoning Commission may authorize the sign to be repaired, provided all repair work is completed within 60 days of the date the damage was incurred.
   (d)   Termination. A nonconforming sign shall immediately lose its legal nonconforming status and shall be brought into conformance with this chapter or removed, when any of the following occur:
      (1)   The size or shape of the sign is changed;
      (2)   The sign face (except otherwise permitted for changeable copy) or sign structure is altered;
      (3)   If the property upon which the sign is located ceases to be used for a period of six months or more; and
      (4)   All signs within the city shall be in full conformity with the provisions of this chapter within five years from its effective date.
(Ord. 04-O-28, passed 8-23-2004)

§ 1286.13 DESIGN STANDARDS.

   All permanent signs shall comply with the following design standards:
   (a)   Overall design of signs.
      (1)   Elements of the sign shall create an overall cohesive design, reflect simplicity, avoid visual clutter and insure legibility.
      (2)   The message shall be easy to read from the intended vantage point, public street, public sidewalk or public parking lot but not be out of scale with the building, site or streetscape. The ratio of the message to the background shall permit easy recognition of the message. Lettering size shall be the size needed to ensure the sign can be seen from the intended distance. For awning signs, the sign graphics shall be located on the portion of the awning fabric that hangs perpendicular to the horizontal plane of the ground, below the awning's support structures.
   (b)   Relationship to building architecture.
      (1)   Variety in the design of signs among different storefronts shall be encouraged when the architecture of the building(s) suggests variety.
      (2)   Storefronts with common architectural elements shall have signs that share continuity of design so that the placement and design of individual signs contribute to the cohesive appearance created by the common architectural elements. For example, a series of storefronts that, because of their architecture and design have the appearance of a single building shall have occupant signs that share common elements.
      (3)   Owners of multi-tenant buildings shall develop a sign plan for the building and site as required in § 1262.04 to aid in determining the level of variety or cohesiveness required for signs.
   (c)   Placement of signs on buildings. All signs shall be reviewed for their impact on the overall building facade. The sign and associated lighting fixtures shall compliment the architecture of the building on which it is placed and shall be placed in an appropriate location on the building facade.
   (d)   Ground signs. Ground signs shall be spaced or combined along the street frontage in a manner that ensures that one ground sign does not obscure the view of another ground sign.
(Ord. 04-O-28, passed 8-23-2004)

§ 1286.14 ADMINISTRATIVE PROVISIONS.

   (a)   Compliance with this chapter. No person shall erect, locate, move, alter or replace any sign or cause a sign to be located or maintained, unless all provisions of this chapter have been met.
   (b)   Signs requiring zoning permit. To ensure compliance with these regulations, a zoning permit shall be obtained for all signs, unless specifically exempted below. A zoning permit shall be obtained from the Zoning Inspector for all temporary ground signs and banner signs except ideological signs.
   (c)   Application requirements.
      (1)   An application for a zoning permit shall be made to the Zoning Inspector on the form provided and in the manner required.
      (2)   When any person other than the owner of the property submits an application, the owner of the property or a designated agent for the owner shall also sign such application.
      (3)   The application shall include:
         A.   Scaled drawing showing lot lines and location of the building or structures on which signs are to be located;
         B.   Location and dimensions of proposed signage on a scaled drawing of the building elevation;
         C.   Type of lettering, characters or other symbols;
         D.   Color rendering of proposed signage;
         E.   Location of ground and instructional signs;
         F.   Landscape plan for the base of ground signs;
         G.   Construction specifications; and
         H.   Type of illumination.
   (d)   Sign review.
      (1)   The Planning and Zoning Commission shall review and act on applications for permanent signs according to the standards set forth in this section and the review procedures for development plan review set forth in § 1262.04. The Planning and Zoning Commission shall review and act on applications for temporary signs for construction and seasonal purposes.
      (2)   The Zoning Inspector shall review all temporary signs, other than temporary signs for construction and seasonal purposes, and except as otherwise specifically exempted below.
      (3)   The erection of the following signs shall not require a zoning permit provided that all applicable regulations of this section are complied with:
         A.   Signplates for residential uses;
         B.   Temporary signs for dwelling units;
         C.   Temporary window signs; and
         D.   Maintenance of existing signs in compliance with § 1286.11(c).
   (e)   Referral of applications to Planning and Zoning Commission. The Zoning Inspector, upon receiving an application shall examine such plans, specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure.
      (1)   If it appears that the proposed application is complete, the application shall be referred to the Planning and Zoning Commission where its approval must be obtained before the zoning permit is issued.
         A.   When approved by the Planning and Zoning Commission, the application shall be returned to the Zoning Inspector who shall issue the zoning permit.
         B.   If the work authorized under a zoning permit has not been completed within six months after the date of approval, the permit shall become null and void.
   (f)   Procedures for variances and appeals. Any applicant seeking a variance to the conditions imposed under these regulations or an appeal to an administrative decision made under these regulations, other than a decision by the Planning and Zoning Commission, may apply to or appeal to the Board of Zoning Appeals. The following conditions shall apply.
      (1)   When filing an application for an appeal to an administrative decision, the applicant shall file a notice of appeal specifying the grounds therefor with the administrative official within 20 days of the administrative official's decision. Upon determining that the application is complete and upon receipt of the required fee, the administrative official shall transmit to the Board of Zoning Appeals the application and a transcript constituting the record from which the administrative decision subject to appeal was based. This transmission shall occur no less than 14 days prior to a regularly scheduled meeting of the Board of Zoning Appeals in order to be placed on the agenda for that meeting.
      (2)   When applying for a variance, the applicant shall file a variance request with the Board of Zoning Appeals.
      (3)   Applications for appeals or variances to these regulations shall contain the following information:
         A.   The name, address and telephone number of the applicant;
         B.   Proof of ownership or authorization to represent the property owner;
         C.   The location of the propetiy, including street address and permanent parcel number;
         D.   The current zoning of the property;
         E.   A description of the project for which the appeal or variance is sought;
         F.   A description of the administrative decision being appealed or the regulation from which a variance is sought; and
         G.   Names and addresses of each propetiy owner within 500 feet as shown in the current records of the Lake County Auditor typed on gummed labels.
      (4)   Applications for variances or appeals of administrative decisions shall not be resubmitted to the Board of Zoning Appeals within one year of the date of a final decision by the Board of Zoning Appeals on the original application, unless the applicant shows the Board of Zoning Appeals either of the following:
         A.   Newly discovered evidence that could not have been presented with the original submission; or
         B.   Evidence of a substantial change in circumstances since the time of the original submission.
      (5)   A decision by the Board of Zoning Appeals in response to an application for a variance request or an appeal of an administrative decision filed pursuant to these regulations shall be final.
(Ord. 04-O-28, passed 8-23-2004; Am. Ord. 21-O-19, passed 5-17-2021)

§ 1286.99 PENALTY

   (a)   Whoever violates any provision of this chapter, or fails to comply with any final order as provided herein shall be, upon conviction of the same as a first offense, guilty of a minor misdemeanor. Any subsequent offense shall constitute a misdemeanor of the third degree. A separate offense shall be deemed committed each day on which a violation occurs or continues.
   (b)   Whoever violates any provision of this chapter, or fails to comply with a final order as provided herein, on more than one subject matter in any two-year period separate and distinct from a conviction upon a prior subject matter or any continued daily violation of such prior subject matter, shall be, upon conviction of the same, guilty of a misdemeanor of the first degree. A separate offense on such subsequent subject matter within two years shall be deemed committed each day on which a violation or noncompliance occurs or continues.
   (c)   Any violation of the chapter is hereby declared to be a nuisance per se.
   (d)   Section 1262.99 of this Zoning Code, as applicable, is hereby incorporated for purposes of notification, enforcement and penalties for any violations of this chapter.
(Ord. 04-O-28, passed 8-23-2004)

APPENDIX - PICTORIAL EXAMPLES