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Mariemont City Zoning Code

SIGN REGULATIONS

§ 151.124 PURPOSE.

   The purposes of these regulations are to:
   (A)   Enhance and protect the physical appearance of the community.
   (B)   Promote and maintain attractive, high value residential, retail, commercial and industrial districts, and preserve the scenic and natural beauty of designated areas.
   (C)   Provide necessary, yet reasonable and appropriate, signage for all residential, institutional and business uses in the community.
   (D)   Ensure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment, and to avoid confusion or hazardous conflict between traffic control signs and devices, and any other permitted sign.
   (E)   Enhance traffic and pedestrian safety.
   (F)   Provide the public with a safe and effective means of locating businesses, services and points of interest within the municipality.
   (G)   Provide review procedures that enable and ensure the comprehensive evaluation of a sign's appropriateness to the site, building and surroundings, adherence to these purposes, and consistent enforcement of this chapter's regulations.
   (H)   Establish and enforce a reasonable procedure for the eventual removal of legally non-conforming signs.
(Ord. O-2-20, passed 2-10-2020)

§ 151.125 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   (A)   SIGN and OWNER.
      (1)   A SIGN is a structure which includes any object, device, display, graphic, support structure, or other part thereof, which is situated indoors or outdoors or is attached to, painted on, or displayed from any premises in order to direct attention to or announce an object, person, institution, organization, business, product, service, event, or location, by any means, including words, letters, figures, designs, logos, symbols, fixtures, colors, illumination, or projected images. Any flag, pennant, streamer, pole, pylon, foundation, or architectural device shall be construed as a "sign" when it is demonstrable that it is intended to draw attention to or announce or identify an enterprise. "Sign support structure" includes any mechanism, framework, or securing system used to support or secure a sign into its permanent location.
      (2)   OWNER OF SIGN. For the purposes of this section, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Building Commissioner.
      (3)   Except for temporary yard signs, and as otherwise permitted in this chapter, no property may contain more than one sign.
   (B)   Definition of signs according to type of message conveyed.
      ADVERTISING SIGN. A sign directing attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is maintained, including a billboard sign.
      BULLETIN BOARD SIGN. Any sign or structure of permanent character, but with movable letters, words, or numerals, which is located on the premises of a public educational, institutional, religious, or charitable organization and is used to identify the name of the institution or organization and/or to announce their activities.
      BUSINESS SIGN. A sign directing attention to a business, commodity, service, or entertainment conducted, sold, or offered upon the same premises as those upon which the sign is maintained.
      CONSTRUCTION SIGN. A sign which is located on a lot where construction is in progress, which indicates the name of the project, architect, engineer, contractor, or other similar information concerning the project.
      DEVELOPMENT SIGN. A sign which, by symbol or name, identifies a subdivision, or residential development, a shopping center, or retail development.
      DIRECTIONAL SIGN or INFORM- ATIONAL SIGN. Any sign which serves solely to provide special information such as direction, entrance/exit, parking, and which does not include business names, brand names, or information regarding product lines or services.
      DIRECTORY SIGN. A secondary sign on which the names and locations of occupants or the use of a building or property are identified.
      IDENTIFICATION SIGN. The primary sign which indicates the name or address of a building, institution, or person, or the permitted use, activity, or occupation pertaining to the premises.
      INCIDENTAL SIGN. A secondary sign which conveys information pertinent to the use, activity, or occupation conducted on the premises, such as the hours of operation or credit card information.
      MEMORIAL PLAQUE. A plaque designating names of buildings, and/or date of erection and other items such as architect or others involved in the building's creation, cut into or attached to a building's surface.
      NAME PLAQUE. A small sign indicating the name, address, or title of the owner, renter, or lessee of the premises on which the sign is located.
      PROFESSIONAL SIGN. A sign indicating the name and occupation of a professional person or group of associated professional persons.
      REAL ESTATE SIGN. Any sign which advertises or announces the sale, rental, or lease of the premises upon which the sign is located.
      TEMPORARY SIGN. Any sign or advertising display constructed of cloth, canvas, light fabric, paper, cardboard, or other light materials, which is displayed for a limited time only. Residential yard signs and signs painted on window surfaces which are readily removed by washing shall also be considered temporary signs. Temporary signs are not, nor are intended to be, permanently attached to a building, structure or the ground.
      TRADEMARK or LOGO SIGN. An identification sign portraying a symbol, or trademark, with or without lettering, of a business or industry, and which symbol or trademark had been used on signs in other locations and in printed advertising.
      YARD SIGN. A temporary sign, which is mounted on a stake or a frame structure (often made from wire) that includes one or more stakes.
   (C)   Definitions of signs according to location or method of attachment.
      AWNING or CANOPY SIGN. A sign that is painted on or attached to a canopy or an awning.
      BALLOON SIGN. An inflated nonporous object filled with air or other gas used for business identification or advertisement.
      BILLBOARD SIGN. A sign which directs attention to a business use, service, activity, commodity, or profession which is not conducted, sold, or offered upon the property where such sign is located.
      ENTABLATURE SIGN. A sign whose complete visible surface is mounted within the area of an entablature or any place thereof, including the cornice, frieze or architrave.
      FREESTANDING SIGN. A sign which is supported by one or more poles or columns, or other type of base, set in or upon the ground and not attached to any building (see also PYLON SIGN and GROUND SIGN).
      GROUND SIGN. A freestanding sign, other than a pylon or pole supported sign placed upon or supported by the ground independently of any other structure.
      HANGING SIGN. See PROJECTING STREET AND YARD SIGNS.
      INCIDENTAL SIGN. A small sign, emblem, or decal informing the public of business hours, goods, facilities, or services available on the premises.
      INTERIOR DISPLAY SIGN. Any sign whose visible surface, entire construction, and support system is mounted within the interior of a building.
      MARQUEE SIGN. A sign attached to a permanent canopy which is usually of metal and glass, projecting over the entrance to a building.
      MOBILE SIGN. Any portable sign whose structure is secured to wheels, runners, casters, or a parked trailer, parked vehicle, or other mobile device.
      OFF-PREMISES SIGN. A sign relating information about a particular use, building, owner, occupant and/or activity, but which is installed on property other than that to which it refers.
      PARAPET. See UPPER WALL SIGN.
      PIER, PILASTER, or COLUMN SIGN. A sign whose complete visible surface is mounted within the area of a pier, column, pilaster, or other vertical surface which is part of the facade, with a bottom edge beginning at the facade base, or at grade, and the upper edge ending at an entablature, parapet, lintel, roof, or any upper facade element or the bottom line of an upper wall area.
      POLE SIGN. A freestanding, other than a pylon or ground sign, erected and maintained on a mast or pole and not attached to any building.
      PROJECTING STREET SIGN. A sign which is suspended from, attached to, or supported by a building or structure and extending away from said building or structure, and which projects into the right-of- way of any street, alley, sidewalk, or other thoroughfare. A PROJECTING SIGN shall also include a sign suspended from the ceiling of a marquee, canopy, or vestibule where such sign is located in the street right- of-way.
      PROJECTING YARD SIGN. A sign erected approximately perpendicular to the wall of a building, including a sign erected at the corner of a building and projecting into an open space or yard but not projecting into the right-of-way of any street, sidewalk, alley, or other public thoroughfare.
      PYLON SIGN. Any freestanding sign on a pylon: a large structure or structures, such as a gateway, marking an entrance or approach.
      REFACED SIGN. Any sign that requires a replacement facing shall be permitted without acquisition of a building permit except for signs located in a historic district.
      ROOF SIGN. Any sign erected, constructed, and maintained upon a roof or one that projects above the highest point of a building with a flat roof, the eave-line of a building with gambrel, gable or hip roof, or the deck line of a building with a mansard roof.
      STREAMER, BANNER, or PENNANT SIGN. A long narrow piece of cloth or any nonrigid material, with no enclosing framework, possessing characters, letters, illustrations, or ornamentations, excluding official flags, which is hung from a staff or stretched or hung between two or more supports.
      WALL SIGN. Any sign attached to, or erected against the wall or a building or structure, which does not extend more than 12 inches therefrom, nor extends above the roof line, and having the exposed face or the sign in a plane parallel to the plane of such wall.
         (a)   UPPER WALL SIGN or PARAPET SIGN. A sign whose complete visible surface is mounted within the area of a wall surface which is part of the facade above the first-floor windows, doors, piers, entablature, or any other elements defining the first floor or the pedestrian level or a facade.
         (b)   WINDOW SIGN. Signs affixed to, in contact with, or within 12 inches of a window; installed for purposes of viewing from outside the premises. This does not include merchandise located in a window.
   (D)   Definitions of signs according to illumination.
      FLASHING SIGN. Any sign which contains an intermittent or flashing light source, or which includes the illusion of flashing or intermittent light by means of animation or an externally mounted intermittent light source.
      ILLUMINATED SIGN. A sign with an artificial light source incorporated for the purpose of illuminating the sign, including the following:
         (a)   FRONT-LIT SIGN. An illuminated sign in which the lighting source is separate from the sign, and shines onto the face of the sign.
         (b)   BACK-LIT SIGN. An illuminated sign in which the light source is behind the face of the sign.
            1.   BACK-LIT LETTER SIGN. A back-lit sign in which only the lettering on the face of the sign is illuminated.
            2.   FULL BACK-LIT SIGN. A back-lit sign in which the entire face of the sign is illuminated.
            3.   NEON SIGN. Signs employing the use of neon lighting or luminous tubes in any manner.
(2000 Code, § 151.125) (Ord. O-4-96, passed 3-25-1996; Ord. O-12-06, passed 12-26-2006; Ord. O-3-08, passed 2-25-2008; Ord. O-2-20, passed 2-10-2020)

§ 151.126 SIGNS WITHIN RESIDENTIAL DISTRICTS.

   (A)   Permitted signs. Within any residential district as designated on the building zone map, only the following signs shall be permitted subject to the provisions of this chapter:
      (1)   Traffic or other municipal signs pertaining to the health, welfare, and safety of the village; highway signs erected by or at the direction of the state, including legal notices, danger signs, emergency signs, and non-advertising signs, when approved by the Mayor;
      (2)   One non-illuminated or "front-lit" "name plaque sign", not exceeding one square foot in area, shall be permitted for each single-family dwelling. Name plaque signs shall not be placed nearer to a street lot line than 15 feet;
      (3)   Signs and "bulletin boards" pertaining to public or semipublic recreational or educational uses permitted in the residential districts. These signs or bulletin boards shall not exceed 12 square feet in area and shall be erected only on the premises of the use to which the sign refers. No more than one sign or bulletin board may be erected for each premises. Bulletin board signs shall not be placed nearer to a street lot line than 15 feet;
      (4)   Name of building or date of erection, fabricated of incombustible material and built into the walls of a building. Name of building shall not exceed six square feet in areas and shall not be placed nearer to a street lot line than 20 feet;
      (5)   Memorial signs, plaques, and tablets, when approved by the Council;
      (6)   Temporary signs not intended for permanent use, subject to requirements specified in § 151.131; such signs will not exceed six square feet in area and shall not be placed nearer to a street lot line than 15 feet. Also, such signs shall not be placed outside the width of the house that is facing the street. An exception may exist where permanent shrubbery or topography prevent view of sign if placed as required above. In such event, approval may be given the Chief of Police for a location other than that required under normal conditions as long as it does not create a safety issue.
      (7)   Hospital or a nursing, rest or convalescent home located within residential district may have one identification sign and additional "incidental" signs in order to denote entrances and exits. Incidental signs shall not exceed four square feet in area and shall not be placed nearer to a property line than 25 feet;
      (8)   "Professional signs" for home occupations as permitted by § 151.060(A)(7). Not more than one such sign shall be permitted for each premises and each sign shall not exceed two square feet in area. These signs shall be "wall signs" or lettered on the glass surface of a window or door. The top of the sign shall not be higher than the top of the front door; and
      (9)   Temporary signs made of lightweight wood or cardboard, or of wire frame and plastic, denoting political cause or candidate not over six square feet in area. Such signs shall be placed back from every street lot line at least the distance in feet equal to the number of square feet area of the sign; provided, that no such sign shall be placed nearer to a street lot line than 15 feet. An exception may exist where permanent shrubbery or topography prevent view of sign if placed as required above. In such event, approval may be given by the Mayor for a location other than that required under normal conditions.
      (10)   Identification signs. All properties within the village shall have numbers prominently displayed on the front of the premises to assist emergency service personnel to identify the property in a timely manner from the street. For those properties with a rear access alley, identification signs shall be placed on both the front and rear of the property to assist emergency service personnel. For properties within the historic district, the Architectural Review Board shall establish clear guidelines relative to such identification signs and numbers.
   (B)   Prohibited signs. All other signs, announcements, declarations, demonstrations, displays, or insignia, other than those specified in division (A) above, shall be prohibited, including those designated in § 151.127(B).
(2000 Code, § 151.126) (Ord. O-4-96, passed 3-25-1996; Ord. O-20-00, passed 12-20-2000; Ord. O-12-06, passed 12-26-2006; Ord. O-3-08, passed 2-25-2008; Ord. O-2-18, passed 1-8-2018; Ord. O-2- 20, passed 2-10-2020; Ord. O-28-20, passed 11-23- 2020) Penalty, see § 151.999

§ 151.127 SIGNS WITHIN BUSINESS A DISTRICT.

   (A)   Permitted signs. Within the Business A District, as designated on the building zone map, only the following signs shall be permitted subject to the provisions of this chapter and in conformance with requirements of the State Basic Building Code.
      (1)   Signs as permitted and as regulated in residential districts as specified in § 151.126, except as otherwise provided herein;
      (2)   Each business occupant directly abutting a street or off-street parking lot in Business A District shall be permitted only one “identification sign”, with the following exceptions:
         (a)   In the case of premises abutting more than one street, or an off-street parking area, the occupant may install one “identification sign” facing each street and off-street parking area;
         (b)   In the case of a “truncated building” the occupant may install one identification sign parallel to the diagonal wall of the building and one identification sign facing one street;
         (c)   In premises containing multiple occupants, there may be one “development” or building name identification sign;
         (d)   In premises containing multiple occupants who do not have direct access onto a street or off-street parking, and use common corridors to exit, there may be one “directory sign” which lists the occupants therein. This sign may be a “freestanding” or “wall” sign. Such sign shall be limited in area to one square foot per corporate or individual tenant; and provided further, that such total area shall not exceed 20 square feet in area. If “freestanding”, the highest point of sign, including support structure, may be no higher than eight feet above grade. All such signs must be non- illuminated or “front-lit”; or
         (e)   In premises containing multiple occupants whose business directly abuts or faces a
street or off-street parking, there may be one identification sign for each business facing each abutting street or off-street parking lot.
      (3)   Permitted identification signs shall be as follows:
         (a)   Signs lettered on the glass surface of windows or doors of the premises not exceeding in area more than 25% of the total available window and door area; provided, that the maximum letter size shall be six inches high and six inches wide, that there shall be no background, and that the glass shall remain untinted and undisturbed. A sign lettered on the glass surface of a window or door may be either an identification sign or an incidental sign;
         (b)   “Pier, pilaster, or column identification” signs horizontally centered on a pier, pilaster, or column. Such signs shall not exceed 12 square feet in area, with a maximum height of four feet and a maximum width of three feet; provided, that a visible border of the wall of not less than six inches shall be maintained at all edges of the sign-encompassing rectangle;
         (c)   “Entablature identification signs” on the frieze of an entablature, with a maximum height of 12 inches; provided, that a visible border of not less than three inches between letters and top and bottom edges of sign-encompassing rectangle, that a visible border of the frieze of not less than six inches shall be maintained at each of the side edges of the sign encompassing rectangle, and that no decorative elements of the entablature shall be covered by the sign;
         (d)   “Upper wall sign” not exceeding 25 square feet in area, with a maximum height of three feet; provided, that a visible border of the wall of not less than 12 inches shall be maintained at each of the top and bottom edges of the sign-encompassing rectangle, that a visible border of the wall of not less than 16 inches shall be maintained at each of the side edges of the sign encompassing rectangle. Exception: when the building is setback more than 25 feet from the front property line, in order to allow equivalent visibility, the sign may increase its area to a maximum of 40 square feet if installed at a height of at least 20 feet above grade and with proportional increases in edging and border dimensions as indicated above and including the lettering, which may increase in size by one inch for every 30 feet beyond the first 25 feet;
         (e)   “Awning identification signs” on a front valance (skirt) of a permitted awning with lettering and/or a logo not exceeding eight inches in height adhering to the letter requirements set forth in § 151.130(C); provided, that a visible border of the front valance (skirt) of not less than three inches shall be maintained at all edges of the sign-encompassing rectangle. Exception: an awning sign may increase letter, graphics, or logo size by one inch for every 30 feet beyond the first 25 feet from the property line;
         (f)   “Canopy identification signs” on either, but not both, a front or the sides of a permitted canopy with lettering and/or a logo not exceeding eight inches in height adhering to the letter requirements set forth in § 151.130(C); provided, that a visible border of not less than three inches shall be maintained at all edges of the sign;
         (g)   A theater marquee with the following provisions:
            1.   A marquee sign shall not exceed one-half square foot for each foot of the horizontal dimension of the wall to which the marquee is attached; provided, that such total not exceed 100 square feet;
            2.   A marquee sign shall not extend beyond the horizontal or vertical limits of the marquee; or
            3.   The sign may be an “identification sign” and/or a “business sign” announcing the events conducted upon the premises. Note: in addition to a marquee, a theater may have one identification sign.
      (4)   Permitted incidental signs shall be as follows:
         (a)   One “incidental sign”, not exceeding two square feet in area, containing credit card and security information, hours of operation, and other like information on a window, entrance, door, or door recess area of the premises of a business or occupation;
         (b)   One “logo” as an accompaniment for, or in addition to, the principal identification sign. Such logo shall not exceed three square feet in size, nor shall it exceed 25% of the total size, nor of the total height of the accompanying identification sign;
         (c)   One menu board incidental sign, not exceeding three square feet in area, on or adjacent to an entrance door to a restaurant;
         (d)   “Interior display sign” or “window sign”, “illuminated or non-illuminated signs”, including “front-lit”, “back-lit letter”, exclusive of merchandise displays, installed behind a window and visible to vehicular and pedestrian traffic; provided, that the maximum letter size on such sign shall be six inches high and six inches wide; or
         (e)   “Incidental signs” not exceeding two square feet in area reasonably necessary to designate a parking lot or an entrance other than the principal entrance of a business or occupation conducted on the premises. Such signs may be wall signs or freestanding.
      (5)   Permitted temporary signs shall be as follows:
         (a)   Construction signs as specified in § 151.131(A)(3);
         (b)   Real estate signs as specified in § 151.131(A)(4); or
         (c)   Temporary product signs and signs announcing special sales or promotions, installed only on the inside of windows or doors, not exceeding more than 25% of the total available window area. Such signs must be removed no later than 60 days after erection.
   (B)   Prohibited signs. All signs, announcements, declarations, demonstrations, displays, or insignia, other than those specified in division (A) above, shall be prohibited, including the following signs which shall be expressly prohibited in any Residential or Business A:
      (1)   Roof signs (see also § 151.130(F)(4));
      (2)   Billboards including signs attached to a building or supported independently in the form of a board, panel, or table used for the display of posters, printed or painted advertising matter;
      (3)   Signs painted on the walls of buildings;
      (4)   Exposed neon signs, symbols, and logos installed on the exterior of building or behind a window or door on the interior and visible to pedestrian traffic;
      (5)   Full back-lit signs, except as theater identification sign or marquee;
      (6)   Projecting yard and street signs suspended from a stem or building overhang and extending perpendicular to a face of a building;
      (7)   Freestanding signs, except as permitted in § 151.126(A)(3) and (A)(6), and division (A)(2)(d) above, with the exception that pylon signs, pole signs, and ground signs are expressly forbidden;
      (8)   Flashing signs and signs incorporating movement or the illusion of movement, including lighted electronic information displays such as, but not limited to, electronic message centers and time and temperature units which periodically change information;
      (9)   Advertising signs, political signs, or handbills, posters, or notices of any kind, political or otherwise, in or upon any curbstone, lamp post, telephone pole, electric light or power pole, hydrant, public drinking fountain, public trash container, courtesy bench, tree, or any portion of any public sidewalk, street, or sign;
      (10)   Flags, banners or streamers used for celebrations, are permitted if approved by the Mayor. National, state, and municipal flags are permitted unless excessive size and/or height is utilized for advertising or business promotion, in which case they are strictly forbidden;
      (11)   Mobile signs;
      (12)   Signs, including support structures, which interfere with fire force. No sign shall be constructed, maintained, or erected in any way that will interfere with the proper and convenient protection of property by the Fire Department or with public safety or convenience;
      (13)   Signs, including support structures, obstructing traffic visibility or which may interfere with vehicular or pedestrian safety. No sign of any kind shall be erected in such a manner as to obstruct the line of sight of traffic or traffic lights at intersections;
      (14)   Radios, phonographs, tape recorders, whistles, bells, gongs, sirens, or other sound or noise- making devices in connection with signs or used separately for advertising purposes;
      (15)   Off-premises signs;
      (16)   Abandoned signs which no longer identify a bona fide business, lessor, service, owner, product, or activity, or for which no legal owner can be found;
      (17)   Searchlights used for advertising purposes;
      (18)   Balloon signs;
      (19)   Signs determined by the Building Commissioner to be unsafe or insecure;
      (20)   Signs containing words, phrases, symbols, or characters, such as “stop” or “danger”, which might mislead, interfere with, or confuse traffic; or
      (21)   Signs or advertising containing obscene material when considered by the standards of the community.
(2000 Code, § 151.127) (Ord. O-4-96, passed 3-25-1996; Ord. O-9-98, passed 1-12-1998)

§ 151.128 SIGNS WITHIN INDUSTRIAL A DISTRICT.

   (A)   Within the Industrial A District as indicated on the building zone map, the following signs shall be permitted subject to the provisions of this chapter and in conformance with requirements of the State Basic Building Code.
   (B)   Signs as regulated in Business A Districts as indicated on the building zone map with the following exceptions.
      (1)   A wall sign shall not exceed one-half square foot for each foot of horizontal dimension of the wall to which the sign is attached; provided, that such total not exceed 50 square feet. A wall sign shall be erected only on the exterior of a building extending a maximum of 18 inches outward from its face and not beyond the horizontal limits of such wall and not above the parapet or eaves of the roof.
      (2)   Freestanding signs erected on or supported by the ground are permitted when pertaining to the business or occupation conducted on the premises and when the freestanding sign does not project beyond a property line of the premises. Such sign shall have a total sign surface area (in square feet) per establishment no greater than two times the street frontage of the lot (in feet), but in no case greater than 50 square feet in area and shall not exceed 40 feet in height above grade.
      (3)   Projecting yard signs are permitted provided they are no more than 40 square feet in area and provided such signs do not extend beyond a property line of the premises.
      (4)   A roof sign is permitted in Industrial District A. Such sign shall not exceed an area of two square feet for each foot of the horizontal dimension of the wall or roof to which the sign is attached, plus three square feet for each foot by which the vertical dimension between the bottom of the sign and the ground or sidewalk elevation below the sign exceeds 50 feet, may extend above the top of the wall to which it is attached.
      (5)   Signs painted on smokestacks are permitted.
(2000 Code, § 151.128) (Ord. O-4-96, passed 3-25-1996)

§ 151.129 SIGNS WITHIN HISTORIC DISTRICT.

   Within the Historic District as indicated on the building zone map, signs as specified in §§ 151.126 and 151.127 shall be permitted, subject to all provisions of this chapter and in conformance with requirements of the State Basic Building Code. In addition, permitted signs shall be of material and style harmonious with any landmark structure to which they are attached. Signs within historic districts or attached to historic structures require a certificate of appropriateness.
(2000 Code, § 151.129) (Ord. O-4-96, passed 3-25-1996)

§ 151.130 GENERAL CONSTRUCTION FOR SIGNS.

   All signs, including support structures, shall be constructed of approved materials as hereinafter prescribed and no sign shall be constructed or erected until after the construction, support, and bracing have been approved by the Building Commissioner as complying with this chapter and the State Basic Building Code.
   (A)   Construction materials.
      (1)   All signs, exclusive of awnings, shall be constructed of wood, metal, glass, tile, terra cotta, and/or plastic; provided, that the visible surfaces shall have a matte finish, that is, non-glossy and non- reflective. If paint, varnish, or lacquer is applied to a sign as a final finish, the paint, varnish, or lacquer shall have a flat or low gloss finish; and
      (2)   Awning and canopy construction, see § 151.088.
   (B)   Color. Color choices for all signs, exclusive of awnings (see § 151.088), shall be guided by colors selected from collections of colors found in the Village Color Guidelines which are on file and available for inspection at the Col. Donald L. Shanks Municipal Building. Additional approved colors include:
      (1)   White or gold for a field (background) color or lettering and graphics color;
      (2)   Black for lettering, graphics, and border color only; and
      (3)   Established, standard corporate logo colors.
   (C)   Lettering. Lettering, graphics, and/or logos shall comply with the following provisions:
      (1)   A sign having an area of 12 square feet or greater shall have a letter, graphics, or logo height and width not exceeding 12 inches, except a sign greater than 25 square feet which may increase letter, graphics, or logo size by one inch for every 30 feet beyond the first 25 feet from the property line;
      (2)   A sign having an area of less than 12 square feet shall have a letter, graphics, or logo height and width not exceeding six inches;
      (3)   Letter type faces shall be selected from or be similar to collection of type face styles which are on file and available for inspection at the Col. Donald L. Shanks Municipal Building (see Appendix D);
      (4)   In any one sign there shall be permitted a maximum of three different lettering sizes and a maximum of two different type face styles; and
      (5)   Any logo or extra graphics shall either be incorporated into the lettering or made a part of a single sign with treatment similar to and harmonious with the type face style of the lettering.
   (D)   Illumination. Only identification signs permitted in §§ 151.127(A) and 151.128(A) may be illuminated, subject to the following provisions, unless otherwise specified in §§ 151.127(A) or 151.128(A). For each sign one of the following types of illumination shall be selected:
      (1)   Front lighting using incandescent bulbs, with each bulb mounted in a separate reflector in such manner that the bulb is invisible. One bulb lamp unit shall be permitted per four linear feet of a sign, and a bulb shall not exceed 150 watts. Each bulb lamp unit shall be mounted on a stem and shall be not more than three feet from the sign surface. Front lighting of awning signs shall not be permitted;
      (2)   Back-lit letter identification signs, including awning signs, in which only letters, numbers, logos, graphics, or other identifying symbols may be illuminated. One 40-watt fluorescent bulb shall be permitted per 12 inches of a sign in side-by-side relation being a minimum six inches between the lengthwise centerline of a bulb and an interior edge/wall of sign encasement which is parallel to the bulb’s centerline (excluding the sign faces which are to be illuminated). The sign background shall be opaque;
      (3)   Silhouette identification signs, exclusive of awning signs. The light sources shall be invisible and shall be of the single luminous tube type following the shapes of the letters and not the outlines thereof; and
      (4)   Awning and canopy illumination, see § 151.088.
   (E)   Size of sign area. Sign sizes shall be determined as follows.
      (1)   When a sign has its message within a background which borders or frames that message, the sign area shall be the total area of the background excluding any border or frame, if the border or frame conforms with “standards of design”.
      (2)   When a sign’s letters are applied directly to a wall, entablature, or facade surface without a background which provides a border or frame, the sign area shall be the total area of the smallest rectangle or combination of rectangles which encompasses all elements of the sign message.
      (3)   Awning and canopy sign size, see § 151.088.
   (F)   Sign depth and height.
      (1)   A wall sign may extend over any street, sidewalk, or other thoroughfare, a distance not to exceed three inches measured perpendicular to the wall;
      (2)   Around ornamental features of building; a wall sign may be inclined from the vertical only to an extent necessary for conformity to the general contour of the walls around projections or ornamental features; provided, that no part of such sign, except the thickness thereof, shall extend beyond the lines of the projection in any direction;
      (3)   Against bays; wall signs erected against bays shall follow the general contour thereof;
      (4)   Projection above wall into line of roof; no wall sign shall project above the top of the wall to which it is attached; or
      (5)   No sign shall be mounted on a roof except in Industrial A District where the restrictions in § 151.128 apply.
(2000 Code, § 151.130) (Ord. O-4-96, passed 3-25-1996; Ord. O-10-98, passed 1-12-1998) Penalty, see § 151.999

§ 151.131 TEMPORARY SIGNS.

   (A)   A temporary sign may include the following:
      (1)   Decorations and banners. Decorations and banners for the promotion of civic, welfare, or charitable enterprises erected for a stated period of time and which shall be removed within 24 hours after the expiration of that time may be authorized by the Mayor;
      (2)   Advertising signs. Advertising signs within store window subject to requirements in § 151.127.
      (3)   Construction signs. Construction signs advertising the identity of a construction company, repair company, landscaper, architect, or other entity are specifically not permitted in any yard. Contractors performing work for which a building permit has been secured, are required to erect a 12-inch wide by 8-inch double faced sign painted white with six-inch black machine letters denoting the address of the property. Such sign shall be placed five feet inside the property for the purpose of directing delivery trucks to the property in an expeditious fashion. Address sign shall be promptly removed at the conclusion of construction.
      (4)   Real estate signs. Non-illuminated signs advertising the sale, rental, or lease of the premises on which the sign is located. Not more than one such sign shall be permitted for each lot or lots or structure. These signs shall not exceed six square feet in area. Exception: real estate signs for commercial leasing in Business District A may have one sign not to exceed 25 square feet. No real estate sign shall be placed nearer to the street line than 15 feet; and
      (5)   Temporary signs for public uses. Any sign used for public demonstrations or announcements, or for the promotion of civic welfare or charitable or educational enterprises erected for a stated period of time and which shall be removed within 24 hours after the expiration of that time may be authorized by the Mayor and a special permit issued by and erection under the supervision of the Building Commissioner.
   (B)   The erection of a temporary sign is subject to the following conditions.
      (1)   All temporary signs, except for sign designated in division (A)(1) above, shall be located on the private property to which they refer.
      (2)   If erected in a front yard, such temporary signs shall be set back midway between building and pavement or street and shall be located on private property. No temporary sign shall extend into the right-of-way of any street, sidewalk, alley, or other thoroughfare, except for a sign permitted as a decoration or banner set forth in division (A)(1) above.
(2000 Code, § 151.131) (Ord. O-4-96, passed 3-25-1996; Ord. O-12-06, passed 12-26-2006)

§ 151.132 NONCONFORMING SIGNS.

   (A)   In any residential district, Business A District, and Industrial A District, any legal sign erected before the effective date of this subchapter (March 25, 1996) may be retained; provided, that such sign is in conformity with the structural standards imposed by this subchapter, that such sign is maintained in good repair and condition as determined by the Building Commissioner; and provided further, that the burden of proof of legal status shall be upon the owner of the sign.
   (B)   In any residential district, Business A District, and Industrial A District, any legal nonconforming sign shall lose its legal nonconforming status and shall be brought into compliance with all requirements of this subchapter for a new sign upon occurrence of any one of the following:
      (1)   Alteration of the sign in whole or in part, in any way structurally, in size, or in the sign message, except that a nonconforming sign damaged by fire, wind, or earthquake, or other act of God may be restored to the original condition of the sign before such calamity; provided, that the damage to the sign is less than 65% of the original cost of the sign, at the date of the calamity. Nothing herein contained shall prevent the strengthening or restoration to a safe condition of a sign declared by the Building Commissioner to be unsafe;
      (2)   Relocation of the sign either on the same premises or on different premises;
      (3)   Replacement of a like nonconforming sign;
      (4)   Increase in the degree of illumination; or
      (5)   Repainting of a sign in colors different from the original colors and which are not in compliance with the requirements of this subchapter; provided, that nothing herein contained shall prevent the repainting or touching-up of a sign in its original colors.
(2000 Code, § 151.132) (Ord. O-4-96, passed 3-25-1996)

§ 151.133 SIGN PROCEDURES.

   (A)   Approval of new signs.
      (1)   A building permit issued by the Building Commissioner shall be required for all new signs proposed to be installed within any district. A permit is not required for signs permitted under § 151.126(A)(1) through (A)(6). In addition, a certificate of appropriateness issued by the Architectural Review Board shall be required prior to construction, alteration, restoration, or erection of all signs in the Historic District or signs for landmark structures located outside of the Historic District. The certificate of appropriateness shall be requested prior to an appeal, if necessary, to the Planning Commission because of a denial of the Building Commissioner for a building permit.
      (2)   An application for a building permit shall be accompanied by a color sketch of each proposed sign or awning as it would appear on the facade or surface to which it is to be attached, and color photographs of the existing facade and immediately adjacent facades.
      (3)   The Building Commissioner shall find as a condition to approval that each proposed sign or awning conforms to the provisions of this chapter.
   (B)   Relocating signs.
      (1)   A permit to relocate a sign shall be issued by the Building Commissioner only if the sign complies or is altered to comply with all requirements of this subchapter for new signs and in the case of a historic structure, a certificate of appropriateness has been issued.
      (2)   The face of any structure from which a sign, graphic, or logo is removed for any reason shall be restored to remove any scars or other visible evidence of the sign, graphic, or logo. Restoration shall be completed within 30 days after removal. Application for an extension of time may be made to the Building Commissioner accompanied by a showing of sufficient cause why restoration cannot be completed within the prescribed time.
   (C)   Appeal.
      (1)   Any appeals concerning decisions of the Building Commissioner regarding § 151.132 and this section shall be taken to the Planning Commission (see § 151.024). If involving a historic structure or located within a historic district, a certificate of appropriateness shall be requested prior to the appeal to Planning Commission.
      (2)   Appeals for all Architectural Review Board decisions regarding certificate of appropriateness for signage proposed for structures and property within the Historic District or involving historic structures shall be taken to the Village Council (see § 151.025(C)).
(2000 Code, § 151.133) (Ord. O-4-96, passed 3-25-1996) Penalty, see § 151.999