Mayfield City Zoning Code

CHAPTER 1185

Signs

1185.01 PURPOSE.

(a) Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. In addition to causing distractions and obstructions that may contribute to traffic and pedestrian accidents, signs are as much subject to control as noise, odors, debris and like characteristics of a use that, if not controlled and regulated, may become a nuisance to adjacent properties or the community in general.

(b) The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height, and condition of all signs for exterior observation for the following reasons:

(1) Preserve the noncommercial character of residential neighborhoods, and to provide reasonable, yet appropriate, conditions for identifying businesses and services rendered in commercial districts;

(2) Reduce traffic and pedestrian hazards by regulating signs, including signs with lights and/or motion;

(3) Promote expeditious and safe navigation and wayfinding for pedestrian and vehicular traffic through legible and appropriate signs;

(4) Preserve order, attractiveness, and cleanliness, maintain open spaces, avoid the appearance of clutter, and prevent nuisances and invitations to vandalism;

(5) Require that signs are constructed and maintained in a structurally sound and attractive condition;

(6) Maintain property values and ensure compatibility with surrounding landscape and architecture including, but not limited to, areas of historical significance;

(7) Encourage aesthetic quality in the design, location, and size of all signs;

(8) Protect the public peace, general health, safety and welfare, convenience, and comfort, and to protect and encourage a more attractive economic, business, and overall physical appearance of the community.

(c) This article must be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this article which can be given effect without the invalid provision.

(Ord. 2019-09. Passed 4-15-19.)

1185.02 DEFINITIONS.

(a) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

(1) A-Frame Sign: A sign with two hinged boards or faces which can be placed on the ground, or a rigid sign that is worn on the front and back of a person, that is used on a temporary basis.

(2) Abandoned Sign: A sign that is Deteriorated (as defined in herein), or is not adequately maintained, repaired, or removed within the specified time as ordered by this chapter.

(3) Address Sign: Any street location identifier.

(4) Animated Sign: Any sign that uses movement or change of artificial or natural lighting, within the sign face area, or uses smell, or noise.

(5) Attraction devices: refers to animation, revolution, movement up and down or sideways, and windblown devices such as ribbons, pennants, spinners and streamers whether part of a sign or not.

(6) Bandit Signs: A sign constructed, in whole or substantial part, of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood, or other like materials that is not protected from exposure to the natural elements, but is made of weather-resistant materials that last for more than 7 days but less than 60 days without significant loss through exposure to the elements or wear and tear.

(7) Banner: A non-freestanding, non-rigid cloth, plastic, paper, or canvas with a design, picture, or writing on it, or a streamer.

(8) Billboard: An outdoor sign where the Sign Face Area exceeds [60] square feet in area.

(9) Blade Sign: A sign that is wholly or partly dependent upon a building for support or suspended from a pole attached to a building. Such signs must be perpendicular to the building face upon which they are attached.

(10) Canopy sign: a sign attached to the soffit or fascia of a canopy, of a covered entrance or walkway or to a permanent awning or marquee.

(11) Changeable Copy Sign: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign.

(12) Commercial Sign: Any sign or banner that contains text and/or graphics designed proposing or promoting a commercial transaction or directing attention to a business, commodity or service.

(13) Deteriorated: Showing signs of weathering, rust, corrosion, exposed wiring, chipped paint or faces, cracked, broken, torn, or missing faces, or loose materials, or other evidence of disrepair

(14) Directional Sign: a sign intending to direct the safe flow of vehicular and pedestrian traffic and includes "enter", "exit" and arrow signs.

(15) Directory sign: a sign listing only the names and/or use, or location of more than one business, activity or professional office conducted within a building, group of buildings or commercial center.

(16) Electronic Sign: Any sign, or portion of a sign, that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, LED screens, video boards, holographic displays, and other similar media.

(17) Flashing Sign: any illuminated sign which exhibits changing light or color effects.

(18) Frontage: The liner measurement of the border of a Lot that directly abuts a public right of way.

(19) Gas Inflatable Sign: Any device which is capable of being expanded by any gas and used on a permanent or temporary basis of a commercial nature. This definition includes both hot and cold-air balloons tethered or otherwise anchored to the ground.

(20) Ground Sign: A sign supported by or suspended from posts, pillars, columns, or other structures which are not a building or portion thereof.

(21) Height: The maximum vertical distance between the highest point of the sign structure and the finished grade directly below it. Sign height may not be artificially increased by the use of mounding.

(22) Identification sign: a sign, other than a nameplate, indicating the name of a building, business, residential subdivision or group of buildings

(23) Illumination, External: A constant (non-flashing) source of light directed towards signs so that the beam falls upon the exterior surface of the sign and so arranged that no direct rays of light project from such artificial source into residences or streets.

(24) Illumination, Internal: Means a source of illumination enclosed entirely within the sign and not directly visible from outside the sign.

(25) Integral sign: a sign indicating the name of a building, date of erection, monumental citations, commemorative tablets, and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the structure.

(26) Lot: a platted parcel or other tract of land separately identified with a unique parcel identification in the County Auditor's Records.

(27) Message Area: the area within a continuous perimeter that surrounds, but is not limited to, each word, graphic, symbol, number, and illustration.

(28) Motion Sign: any sign or portion of a sign which moves, other than a banner.

(29) Mural: a hand-painted, hand-tiled, or other similarly created or digitally printed image on the exterior wall of a building.

(30) Nameplate: a sign indicating the name, address or profession of the person or persons occupying the lot or building or part of a building.

(31) Nonconforming Sign: A pre-existing legal sign which does not conform to the standards set forth in this chapter.

(32) Permanent Sign: A sign for which a permit has been granted as a permanent sign, and is a sign constructed of materials to be protected from exposure to the natural elements for more than one year or is made of materials that are weather-resistant for multiple years without significant deterioration from exposure to the elements or wear and tear.

(33) Pole Sign: means a sign which is supported wholly by a single pole or brace upon the ground and not attached to any building.

(34) Portable Sign: A sign constructed of metal, wood, nylon, or other weather-resistant materials designed to withstand exposure from the natural elements for more than 60 days without significant loss through exposure to the elements or wear and tear, and for which a permanent sign permit has not been obtained.

(35) Projection Sign: a sign, other than a wall sign, erected on the outside wall of a building and which projects out at an angle therefrom, extending more than fifteen inches from the face of the wall of the building, wall or other structure and is supported thereby.

(36) Re-Facing: Any alteration to the face of a sign involving the replacement of materials or pans. Re-facing does not refer to replacing the entire sign structure or the removal of the sign.

(37) Roof Sign: a sign erected upon and completely over the roof of any building or a sign constructed or wholly maintained upon or over the roof or parapet wall with the principal support on the roof.

(38) Sign: text, illustrations, or shapes which are affixed to, portrayed, or depicted directly or indirectly upon any surface for outdoor public view. This definition includes all signs visible from any public right-of-way or adjacent property.

(39) Sign Structure: the supporting unit of a sign face, including but not limited to frames, braces and poles. If the Sign Structure has a communicative element to it, the Sign Structure is included in the Message Area.

(40) Snipe Sign: a sign that, in whole or substantial part, is not made of weather-resistant material and not adequately protected from the natural elements.

(41) Temporary Sign: a sign of any type designed for use for a limited period of time not to exceed thirty days. Such a sign may be suspended over pubic property or any other location for an appropriate period as determined by the Mayor and Building Commissioner not to exceed thirty days.

(42) Vehicle Sign: a sign that is either permanent or temporary and is affixed, painted on or placed in or upon any parked vehicle, parked trailer or other parked device capable of being towed, which is displayed in public view under such circumstances as to location on the premises, time of day, duration, availability of other parking space on the premises, and the proximity of the vehicle to the area on the premises where it is loaded, unloaded or otherwise carries out its principal function, which circumstances indicate that the primary purpose of such display is to attract the attention of the public rather than to serve the business of the owner thereof in the manner which is customary for such vehicle.

(43) Wall Sign: any sign attached to, mounted, engraved, or erected against the outside wall of a building or structure, with the exposed display surface of the sign in a plane parallel to the building facade. Wall signs include painted murals, messages, graphics and other designs painted along with any letters or numerals mounted directly on buildings and any extensions thereon.

(44) Width: the maximum horizontal or semi horizontal distance between the two points of a sign structure.

(45) Window Sign: any signs, posters, symbols and other types of identification, directly attached to the window of a building or erected on the inside of the building and visible from any public right-of-way or adjacent property.

(Ord. 2019-09. Passed 4-15-19.)

1185.03 MEASUREMENT STANDARDS.

The size of signs are regulated in this chapter by relating the gross area of signs to the building or use of a lot, or to the size of a building unit to which the sign is accessory.

(a) The gross area of signs for a building or use shall include all permanent surfaces visible from a public way, including, but not limited to, the area of permanent window and door signs.

(b) Whenever the gross area of signs is related to the size of the building or lot: the frontage of a building shall be the width in lineal feet of the facade of the building, business, office or industrial unit which faces the principal street, or the facade containing the main entrance of a business, office, or industrial building. The frontage of a lot not occupied by a building shall be the number of lineal feet the lot abuts on the principal street at the building line.

(d) For spherical Sign Structures or portion thereof, the sphere shall be dissected by an imaginary line through the center of the sphere and the surface area of the half sphere shall be counted as the sign face. For cubical Sign Structures or portion thereof, the area of all display faces (all faces that are not parallel to the ground) shall be included in determining the area of the sign. The Building Commissioner shall have discretion to use a similar methods of calculation for Sign Structures that are not flat, but have non-cubical or non-spherical shapes.

(e) Where a sign has two or more display faces, the area of all faces of the sign shall be included in determining the area of the sign unless two display faces join back to back, are parallel to each other and not more than 24 inches apart, or form a V-angle of less than 45 degrees.

(Ord. 2019-09. Passed 4-15-19.)

1185.04 DESIGN STANDARDS.

Signs, as permitted in all use districts except those signs permitted under Section 1185.09, shall be designed to be compatible in character and style with regard to materials, color and size of the building, other signs designed or located on the same building, and other signs on adjoining buildings in order to produce an overall unified effect, and in accordance with the standards set forth in this section. Signs shall be reviewed with respect to each of the provisions of this section and shall require approval by the Architectural Review Board, except for those signs permitted under Section 1185.09.

(a) Continuity. Signs shall be considered in relationship to their surrounding environment and, if seen in series, should have a continuity of design and be complimentary to adjacent structures, signs and landscaping.

(b) Style, Design and Color. The style, design and color of a sign shall be generally consistent throughout the particular development involved and be compatible to adjacent structures.

(c) Lettering. The lettering on a sign shall be large enough to be easily read but not overly large or out of scale with the building upon which it is placed. An excessive amount of information on signs, where a visual clutter could create a potential safety hazard to motorists or pedestrians, shall not be permitted. All letters, figures, characters or representations in cut-out or irregular form maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure. Trademarked logos shall be permitted.

(d) Materials. Signs shall be fabricated on and out of materials which are of good quality, good durability and complimentary to the building of which they become part.

(1) Every permitted sign shall be securely attached to the building, walls, marquees or structures using suitable supports, metal anchors, bolts or braces, and the working stresses of fastenings shall not exceed one quarter of their ultimate strengths.

(2) Wall signs attached to exterior walls of solid masonry or concrete shall be safely and securely attached to same by metal anchors, bolts or lead expansion anchors of not less than three-eighths inch in diameter and shall be imbedded to manufacturer's required depth for device used.

A. No wooden blocks or anchorage with wood used in connection with screws, nails, spikes or staples shall be considered proper anchorage.

B. Wall signs attached to wood walls may be supported by lag screws of not less than one-fourth inch in diameter, but shall be of size and length to support load involved.

(e) Structural Design. Any graphic, sign structure, or canopy as defined in this chapter, shall be designed and constructed to withstand a wind pressure of not less than thirty pounds per square foot of net surface area, allowing for wind from any direction, and shall be constructed to withstand loads as required in the Building Code. Signs shall not extend above parapets. The construction, bracing, anchorage and support of permanent signs shall be in accordance with the requirements of the Building Code of the Municipality and of this chapter.

(f) Relation to Traffic Devices. Signs shall not be erected so as to obstruct sight lines along any public way, traffic control lights, street name signs at intersections or street sight lines. Signs visible from the sight lines along a street shall not contain an arrow or words such as "stop", "go", "slow", etc., and the movement, content, coloring or manner of illumination shall not resemble highway traffic signs or interfere with the sight lines of a traffic signal.

(g) Other Safety Requirements. No sign shall be erected or placed so that any part thereof shall be within a fifteen foot distance of public utility electric conductors, carrying not more than 600 volts, and for conductors carrying more than 600 volts, not within a distance of thirty feet of such conductors, except that this provision shall not apply to electric conductors which serve the sign.

(Ord. 2019-09. Passed 4-15-19.)

1185.05 ILLUMINATION.

(a) Light sources to illuminate signs shall be shielded from all adjacent residential buildings and streets and shall not be of such brightness so as to cause glare hazardous to pedestrians or motorists or as to cause reasonable objection from adjacent residential districts, and shall be concentrated on the area of sign.

(b) Animated, blinking, flashing, fluttering, moving or outlined illumination shall not be permitted in any district. Beacon lights and search lights are prohibited. No sign shall be constructed and/or operated to create an appearance of illusion of writing.

(c) No exposed reflective type bulbs, neon tube illumination bent to form letters or symbols or used other than to blacklight silhouetted letters or for the internal illumination of plastic faced signs or letters, or strobe lights or incandescent lamps which exceed fifteen watts shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property. No illuminated signs shall be permitted in the window or on the door of any premises. Illuminated signs, as the same are permitted by this section, are limited to the exterior of the building only. Neon tubing shall not be visible to the eye and shall not be closer than one inch to the plastic face or letter of any sign.

(d) The methods of illumination permitted are colored light, illuminated surface colors, internal illumination (a light source concealed or contained within the sign, and which becomes visible in darkness through a translucent surface), and indirect illumination (a light source not seen directly), provided that within residential areas or within 500 feet thereof only white shall be permitted.

(e) Display signs illuminated by electricity, or equipped in any way with electric devices or appliances, shall conform in wiring and appliances to the provisions of the National Electrical Code and there shall be a locktype switch.

(f) Signs in residential districts shall not be illuminated.

(g) In all zone districts, illuminated signs shall be turned off no later than 11:00 p.m. or when the premises are closed for business, whichever is later.

(Ord. 2019-09. Passed 4-15-19.)

1185.06 MAINTENANCE AND REMOVAL.

(a) All signs and sign structures shall be maintained in good repair and in a safe, attractive condition, free of structural defects and electrical violations so as not to constitute a blight or deteriorating influence on adjacent property or a safety hazard. Signs which no longer serve the purpose for which they were intended or which have been abandoned or are not maintained in accordance with this section, and other applicable regulations of the Municipality shall be removed by the person on whose premises such sign is displayed or by the Municipality at the expense of such person. Any commercial sign now or hereafter existing which no longer advertises a bonafide business conducted shall be removed. 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.

(b) The Building Department shall inspect, as it deems necessary, each sign or other structure regulated by this chapter for the purpose of ascertaining whether the same is secure or whether it is in need of removal or repair.

(c) The occupant or owner of any premises upon which a violation of this chapter is apparent or the owner of any sign placed or remaining anywhere in violation of this chapter shall be deemed responsible for the violation so evidenced and subject to the penalty provided therefor.

(d) Upon removal of signs, the area affected shall be substantially restored to its original condition before the sign was erected or attached. Non-inclusive example: Any holes in a building or wall thereof or in the ground shall be repaired and restored substantially to their original status. (Ord. 2019-09. Passed 4-15-19.)

1185.07 PROHIBITED SIGNS.

(a) Signs are prohibited in all districts unless constructed in compliance with the codified ordinances of Mayfield Village and any other applicable regulations, or a variance granted pursuant to Chapter 1185.

(b) Any sign requiring a permit in accordance with this Chapter and not having said permit shall be prohibited.

(c) Unattended signs on public property, including but not limited to Village parks and rights-of-way, shall be considered abandoned signs. These abandoned signs may be disposed of or destroyed without notice. Such disposal or destruction is not subject to appeal.

(d) The following signs are prohibited in all districts within the Municipality:

(1) Abandoned Signs;

(2) Signs which bear or contain statements, words or pictures of an obscene, pornographic or immoral character, or which contain advertising matter which is deceptive or untruthful;

(3) Flashing signs;

(4) Signs which are placed on utility poles, trees, fences, yard structures or other signs;

(5) Attraction devices;

(6) Signs which are placed on or over a municipal, county or state right-of-way except as may otherwise be provided in this chapter;

(7) Murals;

(8) Pole signs;

(9) Animated Signs;

(10) Attraction Devices;

(11) Billboard;

(12) Blade Sign;

(13) Flashing Sign;

(14) Gas Inflatable Sign for advertising or other commercial purpose;

(15) Mural;

(16) Pole Sign; and

(17) Roof Sign.

(Ord. 2019-09. Passed 4-15-19.)

1185.08 SIGNS PERMITTED IN ANY DISTRICT.

The following signs are authorized in every district:

(a) Signs erected and maintained by the Federal government or the State of Ohio pursuant to law.

(b) Any sign required to be posted by the Federal government, the State of Ohio, or a court of competent jurisdiction.

(d) Signs required to be posted by this Municipality.

(e) Address Signs subject to size and location restrictions contained in this chapter.

(f) Bandit Signs shall be permitted on private property subject to the following regulations, unless otherwise proved in this Chapter:

(1) Such signs shall be located not less than 10 feet from the edge of the roadway surface.

(2) No sign shall exceed six square feet in area.

(3) Such signs shall not be illuminated in any manner.

(4) Such sign shall be located as close to the center of the property as possible as measured by the front footage, but in no event less than 10 feet from the property line.

(5) Such signs shall not present a vision problem to vehicular traffic as determined by the Chief of Police.

(6) Such signs shall be either parallel or perpendicular to the frontage street of such property.

(7) Such signs shall be displayed in front yards only, and if a vacant lot, shall be displayed in the front half of the yard.

(8) Signs shall be securely fastened to the support stakes or posts, and inserted or anchored to the ground in such a fashion that weather conditions will not cause them to fall, bend, lean or twist.

(9) Any damage to property caused by the signs shall be repaired upon removal. (Ord. 2019-09. Passed 4-15-19.)

1185.09 RESIDENTIAL ONE AND TWO FAMILY DISTRICTS; PLANNED RESIDENTIAL DEVELOPMENT DISTRICTS.

Signs in residential one and two-family districts and Planned Residential Development Districts shall be designed, erected, altered, moved and maintained in whole or in part, in accordance with these regulations. Only the following type of signs shall be permitted as to use, structure, size and number and shall be regulated as follows:

(a) Integral Signs. One integral sign not to exceed two square feet in area.

(b) Nameplate. One nameplate not to exceed one square foot in area, with lettering not to exceed four inches in height and to be located not less than ten feet from any lot line of the premises.

(c) Address Signs. Two street address residential name signs not exceeding two square feet each in area shall be permitted. Such signs may be allowed on mailboxes, but shall otherwise be located at least six feet from the nearest property line and shall not be over five feet above ground. Signs permitted under this subsection attached to the house shall not exceed six inches in height and those attached to a mailbox shall not exceed four inches in height. Numerals on signs permitted under this subsection shall not be in script.

(d) Bandit Signs. One temporary bandit sign of each kind not exceeding six square feet in area or three feet in height above natural grade shall be permitted for each dwelling or lot. Such sign shall be located within the width of the residential dwelling located on the property. However, two such signs shall be permitted on a single parcel which abuts two streets subject to the regulations herein. Directional arrows not exceeding three square feet in area are permitted provided that the top of the sign shall not exceed three feet in height above natural grade, placed not less than three feet from any lot line and provided that any such sign shall be removed by sundown. All signs permitted on a temporary basis, and not otherwise limited to a specific term, shall not be permitted beyond six months.

(e) Snipe Signs. One temporary snipe sign not exceeding three square feet in area shall be permitted for each dwelling or lot which shall remain erected only for a period not to exceed three days. In addition, one additional sign, not to exceed three square feet in area, shall be permitted to be posted at the corner of the street on which the lot is located and which sign shall remain erected only for a period not to exceed three days.

(f) Ground Signs and Window Signs. One Ground Sign and/or Window not to exceed one square foot in area.

(Ord. 2019-09. Passed 4-15-19.)

1185.10 APARTMENT HOUSE AND RESTRICTED MULTI-STORY APARTMENT HOUSE DISTRICTS.

Signs in Apartment House and Restricted Multi-Story Apartment House Districts shall be designed, erected, altered, moved and maintained in whole or in part, in accordance with these regulations. Only the following type of signs shall be permitted as to use, structure, size and number and shall be regulated as follows:

(a) Directional Signs. Two directional signs of permanent construction each not exceeding four square feet in area or four feet in height above natural grade indicating traffic routes within parking areas or driveways shall be permitted at any entrance/exit to a building or lot, provided that no part of the sign or the support thereof is located less than two feet from any lot line. Horizontal directional signs on and flush with paved areas are exempt from these standards. Illumination is permitted subject to the requirements of this chapter.

(b) Identification Signs. One identification sign not to exceed thirty-two square feet in area and four feet in height per complex shall be permitted provided that such sign is located not less than thirty feet from the right-of-way.

(d) Street Number Signs. Two street number signs not exceeding two square feet in area shall be permitted for each building. Such signs shall be located not less than ten feet from the nearest property line and shall not be over five feet above ground. For purposes of this section, one sign indicating the name of a building shall be permitted which shall not exceed four square feet in area and shall be attached to the building.

(e) Ground Signs and Window Signs. One Ground Sign and/or Window not to exceed one square foot in area.

(Ord. 2019-09. Passed 4-15-19.)

1185.11 LOCAL BUSINESS, SMALL OFFICE BUILDING, MOTORIST SERVICE DISTRICT, OFFICE LABORATORY AND PRODUCTION DISTRIBUTION DISTRICTS.

Signs in Local Business, Small Office Building, Motorist Service District, Office Laboratory and Production Distribution Districts shall be designed, erected, altered and moved in whole or in part in accordance with the following regulations:

(a) Types of Signs Permitted.

(1) Canopy signs. Canopy signs may be attached to the soffit or fascia of a canopy or may be surface mounted to the underside of the canopy. Canopy signs shall not exceed five square feet in area. The vertical dimension shall not exceed one foot and the horizontal dimension shall not exceed six feet.

(2) Directory signs. One directory sign not to exceed six feet in height and thirty-two square feet in area and shall be located not less than thirty feet from the right-of-way.

(3) Ground signs. One ground sign not to exceed six feet in height with a maximum permitted area of 100 square feet. Any such sign shall be no closer than ten feet from any property line; five feet from a driveway and thirty feet from the right-of-way. Supporting columns and structural trim exceeding twenty-five percent (25%) of the sign face area shall be considered sign face area. All ground signs shall be placed perpendicular to the street.

(4) Identification signs. One identification sign shall be permitted not to exceed thirty-two square feet in area and six feet above grade. Such signs shall be no closer than feet from the right-of-way.

(5) Integral signs. One integral sign shall be permitted not to exceed two square feet in area.

(6) Nameplates. One nameplate not to exceed one square foot in area for each store or office unit in the building.

(7) Temporary signs. In addition to the Temporary Sign permitted to be displayed at the street frontage, no more than one temporary sign shall be permitted on the rear of each of the six businesses or property units that has visibility from I-271, abuts I-271 and maintains frontage on Beta Drive, after approval by the Building Commissioner, as to the size, material, shape and location relative to the building and so long as the sign conforms to all of the regulations set forth below:

A. The sign shall be permitted for an initial six month period. The initial six month period shall be automatically extended, by approval of the Building Commissioner, so long as the sign is found to be in good condition and repair and not in an unsightly, hazardous or deteriorating condition and complies with all the provisions of Section 1185.06.

B. The sign shall be affixed to the building and in a location parallel to I-271.

C. The sign shall not exceed 120 square feet of total sign coverage. The maximum square footage of total sign coverage permitted herein shall be excluded from the total maximum area permitted for all signs as set forth in Section 1185.11(b).

(8) A-Frame Signs shall be permitted shall be permitted after approval by the Building Commissioner as to their size and location and so long as the A-Frame Sign conforms with the regulations set forth below:

A. Such signs shall not exceed three (3) feet in height or two (2) feet in width.

B. Such signs shall be placed no more than five (5) feet from the front of the building and may encroach upon the public right-of-way provided an unobstructed walkway is reserved for such public passage.

C. Signs shall be permitted during business hours only.

(9) Banners shall be permitted after approval by the Building Commissioner as to their size and location and so long as the banners conform with the regulations set forth below:

A. The banner shall be attached to the front of the building and shall not be displayed for longer than 30 days for periods not to exceed twice in any calendar year.

B. The banner shall not exceed 20 square feet of total sign coverage at any given display event; and

C. No more than one of the same banner may be erected or displayed for any at any one time.

(b) Maximum Area and Number of Signs Permitted. The maximum area permitted for all signs shall be based upon one square foot of sign face area per lineal foot frontage of the building as measured on a horizontal plane. No sign shall have letters larger than eighteen inches in height, nor shall any one sign exceed 100 square feet in area.

(c) Total Allowable Sign Space. The Building Commissioner is directed to allocate the total allowable sign space for a building among the individual units as follows: maximum square footage allowed for the building, prorated to the front footage of each building tenant.

(d) Buildings or lots having frontage on a second street or a secondary entrance to a parking area may be permitted additional signs along such secondary streets which shall, however, not exceed twenty percent (20%) of the area of the signs permitted along the main facade; however, any additional sign area allowed as a result hereof shall only be used on the building facade facing the second street or on the portion of the same lot on the second street.

(e) Supplementary Regulations. In addition to the signs permitted herein, in cases where the building has a dock area facing a location other than the street upon which the building fronts, additional signs may be permitted by the Commissioner commensurate with the size and location of the area to be used solely for directional purposes in conjunction with the intended use of the dock area.

(Ord. 2019-09. Passed 4-15-19.)

1185.12 APPLICATION FOR PERMITS; APPROVAL.

(a) Applications for permits to erect, place, paint, illuminate, alter or effectuate a change in a sign shall be submitted on forms furnished by the Municipality and shall be made either separately or included with an application for a building permit. Such application shall be dated and include the name, address and telephone number of the applicant and the name of the person erecting the sign. Written consent of the owner of the building, structure or lot on which the sign is to be erected shall be required when the owner is not the applicant. The location of the building, structure or lot on which the sign is to be erected is also required.

(b) Each application shall be accompanied by drawings to scale and photographs showing the following:

(1) The design and lay-out proposed, including the total area and dimensions of signs, the size, height, character, materials, colors and types of lines, lettering or other symbols.

(2) Photographs or drawings of the building for which the signs are proposed and photographs of surrounding buildings, signs and uses.

(3) The number and types of lamps and lens material to be used in any illuminated signs.

(4) The total area, dimensions, weight and physical composition of the proposed sign.

(5) The exact location of the signs in relation to the building and property and in relation to nearby buildings and structures.

(6) Details and specifications for construction, erection and attachment as may be required by the Building Code and this chapter.

(c) A sign permit is applicable only to the specific sign or signs for which it was granted. Once a sign permit is granted, no temporary or permanent sign shall be attached or added to the given sign. A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six months after the date of the permit. A permit may be renewed once and no additional fee shall be collected for the renewal.

(d) All signs and drawings, required by subsection (b) hereof, unless otherwise specifically accepted by this section, shall be referred by the Building Commissioner to the Architectural Review Board for approval.

(e) The following operations shall not be considered as creating a sign and shall not require a sign permit.

(1) Replacing copy. The changing by the permit holder of the advertising copy or message on an approved theater marquee and similar approved signs which are specifically designed for the use of replaceable copy.

(2) Maintenance. Painting, repainting in same color scheme, cleaning and other normal maintenance and repair of a sign or a sign structure unless a modification or structural change is made.

(f) No permit for a sign issued herein shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued here under constitute a defense in an action to abate an unlawful sign.

(g) The Building Commissioner is hereby authorized and directed to revoke any permit issued upon failure of the holder thereof to comply and any provisions of this chapter or any regulation pertaining to signs or where the permit was issued on the basis of fraud or misstatement.

(h) The permit provisions of this section shall not apply to the signs permitted under Section 1185.09. However, the signs permitted under Section 1185.09 shall be subject to the other regulations of this chapter unless otherwise provided.

(i) Nonconforming Signs.

(1) For purposes of amortization, Nonconforming signs may be continued from the effective date of this Code for a period not to exceed:

A. ten (10) years from the effective date of this Code; or

B. the amortization period provided under a previous regulation, whichever is less.

(2) Any sign that is altered, relocated, or replaced must be brought into compliance with all provisions of this Code within fifteen (15) days.

(3) The repainting of existing Nonconforming signs shall not be considered an alteration within the meaning of this section. Refacing an existing Nonconforming sign shall not be considered an alteration as long as the refacing constitutes an exact replica of the existing sign face. The design, color scheme, translucency, graphics, and text must exactly match those existing. If any portion of the replacement face(s) is not an exact replica of the original sign face, the replacement face(s) must be brought into compliance with this Section in so far as practicable.

(4) A Nonconforming sign shall be brought into compliance if it is determined that 50% or more of the market value of the sign has been destroyed or taken down. Nonconforming signs that are damaged, but that are not required to be brought into compliance pursuant to this subsection, shall be repaired within sixty (60) days.

(Ord. 2019-09. Passed 4-15-19.)

1185.13 VARIANCE.

A variance from the strict application of the provisions of this chapter may be granted by the Board of Appeals. When application is made to the Building Commissioner for a permit under this chapter and the same is refused because the request does not comply with the provisions hereof, the Board of Appeals shall have the authority to vary the application of any provision of this chapter in terms of the following standards so that public health, safety, morals and general welfare may be safeguarded and substantial justice done:

(a) Where strict application of the provisions of this chapter would result in practical difficulties or unnecessary hardships provided that such hardships shall be found peculiar as applicable to the property in question, making it distinct from the general hardships of the district; or

(b) Where granting a variance shall not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located. The mere existence of an unnecessary hardship or other exceptional circumstances does not constitute, in and of itself, the basis for granting of a variance. (Ord. 2019-09. Passed 4-15-19.)

1185.14 PERMIT AND REVIEW FEES.

(a) Every applicant, before being granted a permit to erect any sign shall pay the required Architectural Review Board and sign permit fees as set forth in Sections 1309.05 (a) and (g) of the permit fee schedule of the Codified Ordinances.

(Ord. 2019-09. Passed 4-15-19.)

1185.15 DUTIES OF BUILDING COMMISSIONER.

(a) It shall be the duty of the Building Commissioner upon the filing of an application to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign. If the proposed sign is in compliance with the requirements of this chapter and all other pertinent ordinances of the Municipality and has been approved by the Architectural Review Board, the permit for the erection of the sign shall be issued.

(b) In the event the proposed sign is not in compliance with the requirements of the Municipality, the Commissioner shall not issue the permit until review and approval has been obtained.

(c) Notwithstanding any other provisions of this chapter, the Commissioner may deny a permit to any person who has habitually or willfully violated any of the provisions of this chapter or who has failed to comply within the time specified with an order issued by the Commissioner and served by him to cause compliance with any provision of this chapter.

(d) All ground signs shall be subject to a footing inspection and all illuminated signs shall be subject to electrical inspection.

(Ord. 2019-09. Passed 4-15-19.)

1185.16 SEVERABILITY.

If any provision of this chapter or the application thereof to any person or circumstances are held invalid or unconstitutional by any Court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and neither the remainder of the chapter nor the application of such provision to other persons or circumstances shall be affected thereby.

(Ord. 2019-09. Passed 4-15-19.)

1185.99 PENALTY.

Whoever violates the provisions of this Chapter shall be given notice by the Building Department of the violation(s) and be provided ten (10) days in order to remedy the violation(s) to the satisfaction of the Building Department. Failure to remedy the violation(s) within the time proscribed shall be a misdemeanor of the fourth degree. Each day that a sign is erected or maintained in violation of this Chapter after the time proscribed to remedy said violation(s) shall constitute a separate and distinct offense.