Mentor City Zoning Code
CHAPTER 1171
Signs
1171.01 PURPOSE AND INTENT.
(a) Sign regulations, including provisions to control the type, design, size, location, motion, illumination, enforcement and maintenance thereof, are established in order to achieve, among other objectives, the following purposes:
(1) To promote and maintain high quality districts for all land uses, and attractive public and private facilities of all types, by permitting only signs appropriate to their environs and preventing the blighting influence of excessive signage;
(2) To provide for reasonable and appropriate methods for identifying establishments in office, business and industrial districts by relating the size, type and design of signs to the size, type and design of the office, business and industrial establishments;
(3) To eliminate any conflict between traffic control signs and other signs which conflict may be hazardous to the safety of the motoring public and to pedestrians;
(4) To control the design and size of all signs so that their appearance will be aesthetically harmonious with an overall design for the area, in accordance with commonly accepted community planning and design practices;
(5) To establish equal and uniform opportunities for persons and legal entities to erect signage appurtenant to their ownership and/or tenancy of land.
(b) This chapter is not intended to infringe on the rights of free speech as protected by the First Amendment to the United States Constitution and Article I, §11 of the Ohio Constitution. All sections in this chapter are to be construed, whenever possible, in favor of vigorous political debate and accommodation of the rights of residents and visitors to speak freely. All provisions of this chapter shall be interpreted in a content-neutral manner excepting solely for those narrow, legally-recognized exceptions explicitly identified in this chapter. All sections in this chapter shall be applied in accord with 15 U.S.C. §1121(b), as amended, and such other applicable federal and Ohio laws as may now or hereafter be enacted, when in conflict with same.
(Ord. 12-O-60. Passed 9-4-12.)
1171.02 DEFINITIONS.
As used in this chapter, unless the context otherwise clearly indicates a contrary intent, the following words and phrases shall have the meanings set forth herein:
(a) "Alter" means to change in any way, including but not limited to reconstruction, redesign, re-illumination that changes the lighting design, sign face replacement that changes the sign face design, sign face change, and painting in a different color than the present color, excluding changes in changeable copy on signs.
(b) "Back-lighted letter" means an illuminated reverse channel letter (open or translucent back) such that light from the letter is directed against the surface behind the letter producing a halo lighting effect around the letter.
(d) "Building frontage" means the linear dimension of the width of the widest portion of a building face including all appurtenant overhangs or other structures, either:
(1) Closest to parallel to the nearest principal street, or
(2) Containing the primary building entrance, of any building on any lot.
(e) "Building marker" means a sign typically indicating, but not hereby limited to, the name of a building and date and incidental information about its construction, which sign is cut into the masonry surface or made of bronze or other permanent material.
(f) "Building unit" means each separately occupied space within a building. "Separately occupied" means a distinct owner, occupant, or tenant in possession of and occupying the unit to the exclusion of others. A separately occupied unit consists of interior subdivided space which (1) has its own exterior entrance and (2) is separated from other such spaces by a party wall or other such dividing walls. Where a building unit is bounded by a party wall or other such dividing walls, the measurement of width shall be to the centerline(s) of such wall or walls.
(g) "Changeable copy" means the area of a sign on which copy can be changed through the use of attachable letters and/or numbers, by the flipping of fixed letters and/or numbers, by the scrolling of tape or other medium, or by the electronic switching of lamps or illuminated tubes, LED, or any other such like technology. See, also, "electronic message center."
(h) "Copy" means the words, message, symbols, or artwork displayed on a sign.
(Ord. 12-O-60. Passed 9-4-12.)
(i) "Department" means the City's Department of Planning and Development.
(Ord. 18-O-075. Passed 9-4-18.)
(j) "Development unit" refers to the land area, ascertained pursuant to the provisions of Section 1171.04, from which the nature, number, and area of permitted signage is determined.
(k) "Election cycle" means a period of time which commences with the filing of a declaration of candidacy, nominating petition, or other petition with the Lake County Board of Elections or Ohio Secretary of State, as applicable, and continuing until the first Friday subsequent to the election for which said declaration or petition pertained.
(l) "Electronic message center" means a sign that utilizes computer-generated messages or some other electronic means of changing copy. Electronic message centers are included within the definition of "changeable copy."
(m) Erect" means to build, construct, alter, relocate, modify, attach, hang, place, suspend, or affix, and shall also include the painting of signs.
(n) "Flag" means any fabric or similar light-weight material containing distinctive colors, patterns, or symbols, used for the display of non-commercial copy such as, but not limited to, a symbol of a government or political subdivision.
(o) Frontage" or "Lot Frontage" means the lot dimension (or development unit, as applicable) along the adjacent principal street. Limited access highways shall not be considered frontage for purposes of this chapter.
(p) "Lighting tube" means a tube, strip or band made of any material, whether clear or colored, which by any means produces a light source including, but necessarily limited to, neon, LED, rope lighting, and other such manner of lighting.
(q) "Marquee" means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.
(r) "Non-conforming" means a sign or related structure that is not in full compliance with all of the provisions of this chapter and all other applicable City ordinances.
(Ord. 12-O-60. Passed 9-4-12.)
(s) "Old Village Commercial Corridor" means the area identified by said name in the City's Comprehensive Plan in which are sited parcels zoned B-1, B-2, and/or OV and more fully described as parcels located within the following area:
(1) All parcels along the Rt. 20 corridor (and inclusive of secondary streets) between and inclusive of permanent parcel numbers 16-B-035-L-00-015-0 and 16-A-010-B-00-009-0 on the north and south, respectively, of said corridor, which represents the western end of the corridor, to the Jackson Street / Little Mountain Road right-of-way and including the parcels on the westerly side of said Jackson Street / Little Mountain Road right-of way north up to and including permanent parcel number 16-B-052-B-00-018-0 and south up to and including permanent parcel number 16-A-018-C-00-033-0 which represents the eastern end of said corridor; and
(2) Parcels along the Rt. 615 corridor (and inclusive of secondary streets) between and inclusive of permanent parcel numbers 16-A-010-B-00-001-0 and 16-A-012-A-00-009-0 on the east and west, respectively, of said corridor, which represents the southern end of the corridor, to and including permanent parcel numbers 16-B-038-C-00-001-0 and 16-B-045-O-00-022-0 on the east and west of said corridor, respectively, which represents the northern end of said corridor; and
(3) The area is fully illustrated in the following graphic:
(Ord. 22-O-025. Passed 4-19-22.)
(t) "Permanent" when used in relation to a sign means a sign attached to a building, structure, or the ground in a manner that enables the sign to resist environmental loads, such as wind, and precludes ready removal or movement of the sign, and, which is constructed of durable materials (wood, plastic, metal) which are able to withstand environmental exposure for long durations of time without degradation.
(u) "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series.
(v) "Related structure" means all components supporting, and comprising, the parts of a sign.
(w) "Sight triangle" has the same meaning set forth in Section 1162.02(a)(29) of this Code.
(x) "Sign" as used in the general sense means any visual display that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to convey information or attract attention. The term "signage" and other such derivations shall be synonymous with this definition.
In the context of this chapter "sign" may also refer to the structure or medium upon which is placed any visual display that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to convey information or attract attention.
(1) "Sign, abandoned" means a sign which no longer advertises, announces the purpose of, or identifies the purpose of any person or entity, or communicates information to the public regarding a bona fide business, lessor, lessee, owner, product or activity conducted or available on the premises where the sign is located.
(2) "Sign, animated" means a sign depicting action, motion, light or color changes through electrical, mechanical, or any other means.
(3) "Sign, bench" means a sign located on the seat or back of a bench or seat placed on or adjacent to a public right-of-way.
(4) "Sign, canopy" means a sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or other outdoor service area. A marquee is not a canopy.
(5) "Sign, commercial" means any sign that, directly or indirectly, names, advertises, or calls attention to a business, product, profession, service or other commercial activity.
(6) "Sign, double-faced" means a sign with two parallel opposing (back-to- back) faces.
(7) "Sign, ground" means a sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. Ground signs are classified within this chapter according to the manner of their construction, to wit: permanent or temporary.
(8) "Sign, mansard" means a sign attached to a mansard structure. A mansard sign is included within the definition of "roof sign."
(9) "Sign, marquee" means a sign attached to, in any manner, or made a part of a marquee.
(10) "Sign, non-commercial" means a sign which does not fall within the definition of a "commercial sign."
(11) "Sign, off-premise" means a sign that is not appurtenant to the lawful use of the property on which it is displayed; advertises a product, merchandise, service, business, entertainment, or any other activity not sold, offered or occurring on the property on which it is displayed; or which advertises the sale or lease of property other than the property on which it is displayed.
(12) "Sign, on-premise" means a sign that is appurtenant to the lawful use of the property on which it is displayed; advertises a product, merchandise, service, business or any other activity actually sold, offered or occurring on the property on which it is displayed, or which advertises the sale or lease of property on which it is displayed.
(13) "Sign, parapet" means a sign mounted on the vertical surface of, or on top of, the parapet of a building. A parapet sign is included within the definition of "roof sign."
(14) "Sign, pole" means a sign supported by and placed upon a visible pole or standard.
(15) "Sign, portable" means a sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on a vehicle parked and visible from the public right-of-way.
(16) "Sign, projecting" means a sign affixed to a building or wall in such a manner that (i) its copy is perpendicular to the building or wall to which it is affixed and/or (ii) its leading edge extends more than eighteen (18) inches beyond the surface of such building or wall.
(17) "Sign, roof" means a sign erected and constructed on or over the roof of a building and/or which extends vertically any distance above the lowest portion of the roof. Signs placed on cupolas fall within this definition. See, also, "mansard sign" and "parapet sign."
(18) "Sign, sandwich" means a temporary sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming the cross-sectional shape of an A. A sandwich sign is included within the definition of "portable sign."
(19) "Sign, suspended" means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
(20) "Sign, wall" means a sign attached parallel to (but within eighteen (18) inches of) a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
(21) "Sign, window and door" means a sign that is placed upon or over a window or door, upon a window pane, or in proximity to a window or door, and which is visible from the exterior of the window or door.
(y) "Sign area" means the permitted area upon, against or through which signage may be placed.
(z) "Sign band" means a horizontal area above a multi-tenant building's entrances, architecturally designed to accommodate signage in a sign-centric manner.
(aa) "Temporary" when used in relation to a sign means a sign not permanently affixed to any point or thing, is lightweight, and which is readily removable with simple hand tools without causing any damage to any point or thing.
(bb) "User" means the owner of a development unit and any tenants or others in lawful possession and occupancy of that development unit.
1(Ord. 12-O-60. Passed 9-4-12.)
1171.03 COMPUTATION OF HEIGHT.
The height of a sign shall be computed as the distance from normal grade at a point directly beneath the sign to the top of the highest component of the sign. Normal grade shall be construed to be the lower of (i) existing grade prior to construction or (ii) the newly established grade after construction, exclusive of any filling, berms, mounding, or excavating. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.
(Ord. 12-O-60. Passed 9-4-12.)
1171.04 COMPUTATION OF PERMITTED SIGN AREA, NUMBER AND LOCATION.
(a) Sign area shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the sign, together with (i) any visible framework, bracing, supports or structure forming part of the sign, (ii) any material or color forming an integral part of the background of the sign or used to differentiate the sign from the backdrop or structure against which it is placed inclusive of any contiguous trim or frame. "Supports or structure" does not necessarily include any decorative fence or wall when such fence or wall otherwise meets applicable requirements of this Code and is clearly incidental to the sign itself.
For back-lighted letters mounted to a wall, the surface behind the letter upon which the halo lighting effect is created is not computed as part of sign area unless the surface is painted, treated, or otherwise designed so as to constitute part of the sign area as set forth in this section.
(b) To compute the permitted sign area that may be used to determine the location, number, and nature of signs that are permitted, and for all other purposes pursuant to this chapter, the following shall apply:
(1) Contiguous commercial and/or industrially zoned parcels held in common ownership (inclusive of a parent company's subsidiaries and other controlled affiliated companies) and developed, maintained and/or operated as part of a common development shall be treated as a single development unit.
(2) Contiguous residentially zoned parcels held in common ownership and developed, maintained and/or operated for one use shall be treated as a single development unit.
(Ord. 12-O-60. Passed 9-4-12.)
1171.05 COMPUTATION OF SIGN AREA FOR MULTI-FACED SIGNS.
The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When a sign has two faces placed back-to- back such that (i) both faces cannot be viewed from any point at the same time, and (ii) when such faces are part of the same sign structure and are not more than twenty-four (24) inches apart (or, six (6) inches in the case of projecting signs), then the sign area shall be computed by the measurement of one of the faces.
(Ord. 12-O-60. Passed 9-4-12.)
1171.06 PERMIT REQUIRED.
The fees set forth in Section 1129.04 shall be doubled in the event a sign is erected prior to issuance of a permit pursuant to Section 1171.09, however, the payment of said fees shall not relieve any person from complying with other provisions of this chapter or from the penalties prescribed by law.
(b) No permit is required for repair, repainting, or other maintenance that does not alter a sign.
(c) No permit is required to change a sign's copy provided that no changes are made to the sign structure. In the event the sign and copy are effectively one and the same (for example, a wall sign constructed of channel letters), then an application for a permit must be made.
(d) No permit is required for sign types that are permitted to be of temporary construction.
(Ord. 12-O-60. Passed 9-4-12.)
1171.07 EXEMPTIONS FROM REGULATION PURSUANT TO THIS CHAPTER.
The following signs are exempt from regulation pursuant to this chapter:
(a) Signs which are not visible to a person of ordinary eyesight from or beyond the following locations:
(1) Any public right-of-way; and
(2) Any property line of the lot (or development unit, as applicable) upon which the sign is located.
As used in this section, "visible" means that the sign can be seen. Whether it is "legible" is not relevant.
(b) A traffic control sign, signal or device erected by a governmental entity, inclusive of such private property whereupon compliance with the Manual on Uniform Traffic Control Devices is required.
(c) Public facilities signs erected by governmental entities, but subject to area, dimensional, and other applicable regulations of this chapter.
(d) Notices required to be posted by law or order of court.
(e) Signs otherwise exempt from municipal regulation pursuant to state or federal law.
(f) Signs held by or affixed in any manner to a person and not set on or affixed to the ground and/or any structure thereon either in whole or in part.
(g) Any street numbers required by and erected in conformity with Chapter 1347 of the Codified Ordinances provided that the numbers shall be no greater than twelve (12) inches in height.
(Ord. 12-O-60. Passed 9-4-12.)
1171.08 APPLICATION FOR PERMIT.
A permit application shall be made to the Department and shall contain and have attached the following information and documentation:
(a) Name, address and telephone number of the applicant.
(b) Name of the person erecting the sign and any related structure.
(c) Written consent of the owner of the building, structure, or land to which or on which the sign and/or any related structure is to be erected, if different from the applicant.
(d) The location of the building, structure, or lot to which or upon which the sign and any related structure is to be attached or erected.
(e) A drawing depicting the position of the sign, proposed lighting (inclusive of bulb wattage), and any related structure in relation to any buildings, structures, streets or drives within a distance of one hundred fifty (150) feet, measured in a straight line without regard to intervening buildings, structures, streets or drives.
(f) Two blueprints or ink drawings of the plans and specifications and method of construction and attachment of the sign and any related structure to the building or upon the ground.
(g) A rendering of the proposed copy or written representation of the proposed copy sufficient to ascertain compliance with the provisions of this chapter.
(h) A rendering and/or physical samples showing the exact colors to be used.
(i) If the sign is to be internally illuminated or is an electronic message center, a manufacturer's certification that the luminance will not exceed the limits set forth in Section 1171.16(j).
(j) Any information, calculations, or documentation required by the Building Code and any other applicable ordinances of the City.
Signs may further require a permit issued pursuant to the Building Code. The information herein required and permit is in addition to and independent of any information and permit required by the Building Code.
(Ord. 12-O-60. Passed 9-4-12.)
1171.09 PERMIT ISSUANCE.
(a) Upon receipt of a complete and accurate application for a permit complying with Section 1171.08, the Department of Planning and Development shall examine the plans and specifications and the premises upon which the proposed sign is to be erected.
(b) Unless the applicant applies for a variance from a provision or provisions of the Code in order to erect a sign as proposed, or the applicant engages in other conduct which directly causes delay, the Department of Planning and Development shall make a determination on the permit application within ten (10) business days. In the event of a variance request, or other delay occasioned by conduct of the applicant, the Department of Planning and Development's time for making a determination under this section shall be extended for a period of time equal to the time period during which the variance application is pending, or to the period of time of other delay occasioned by conduct of the applicant, whichever is applicable. In case of an extenuating circumstance, the Department of Planning and Development may apply to the City Manager for an extension of the time in which to complete its review, not to exceed an additional ten (10) business days. In determining whether to grant this extension, the City Manager shall consider the reasons offered in explanation of the delay and balance them against the hardship to the applicant arising from an extended time for determination.
(c) Failure of the Department of Planning and Development to issue a permit within the required ten (10) business days, or otherwise within the time period set forth in subsection (b) above, shall be construed to be an issuance of the permit upon the lapse of the last day upon which the Department of Planning and Development may, pursuant to subsection (b) above, make its determination, but shall not constitute an issuance of any permit as may otherwise be required by the Building Code.
(d) If the proposed sign complies with this and all other applicable laws and ordinances of the City, the Department of Planning and Development shall issue the requested permit upon receipt of the appropriate fees. If the Department of Planning and Development determines that the application should be denied, it shall issue a written statement contemporaneous with its decision, explaining the reasons for the denial.
(e) If an application for a permit is part of a development or redevelopment proposal made pursuant to Chapter 1133 of the Zoning Code, then, the permit issued by the Department of Planning and Development shall be a temporary permit only pending final approval by the City of the development or redevelopment proposal pursuant to the provisions of said Chapter 1133. The temporary permit shall become permanent only upon the applicant erecting the applied for sign or signs, or modifying already erected sign or signs, in a manner which meets all structural and locational requirements made a condition of the City's final approval of the development or redevelopment proposal. Every applicant who obtains a temporary permit pursuant to the provisions of this paragraph shall be required to post a bond with the Department of Planning and Development equal to the cost of the sign to be erected, before erecting said sign pursuant to the temporary permit. Said bond shall be forfeited to the City if the applicant, upon receiving final approval, erects a sign or signs, or fails to modify a sign or signs, in violation of an express condition or conditions of that final development approval. Such forfeiture shall be in addition to any other remedies available to the City for such failure.
(f) If the work authorized by a permit is not completed within six (6) months after the date of issuance, said permit shall become null and void.
(Ord. 12-O-60. Passed 9-4-12; Ord. 18-O-075. Passed 9-4-18.)
1171.10 APPEAL.
An applicant aggrieved with any determination of the Department made during the course of the application process, including the classification of a proposed sign, the denial of a permit, or the revocation of a permit shall, within ten business (10) days following that determination, file with the Department an appeal from the Department's decision to the Board of Building and Zoning Appeals. Upon receiving such a notice of appeal, the Department shall transmit all papers and other documents connected to the application to the Clerk of the Board of Building and Zoning Appeals, which shall hear the applicant's appeal at its next regularly scheduled meeting, provided the notice of appeal is filed prior to any promulgated deadlines for placement on the Board's next meeting agenda.
The Board of Building and Zoning Appeals may decide to affirm, modify, reverse, or vacate the Department's decision, and shall render its decision and any order necessary to effectuate its decision no later than its next regularly scheduled meeting. The decision of the Board of Building and Zoning Appeals shall be final and may only be reviewed by a Court of Common Pleas pursuant to the provisions of Chapter 2506 of the Ohio Revised Code.
(Ord. 12-O-60. Passed 9-4-12.)
1171.11 REVOCATION OF PERMIT.
The Department may revoke a permit where there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application. The Department shall issue a written statement contemporaneous with its decision explaining the reasons for revocation.
(Ord. 12-O-60. Passed 9-4-12.)
1171.12 NON-CONFORMING SIGNS.
Non-conforming signs may be maintained, except:
(a) No non-conforming sign or part thereof shall be altered, modified, relocated, or changed in any manner whatsoever in any process of reconstruction, repair, maintenance, or restoration, when the cost of said reconstruction, repair, maintenance, or restoration exceeds fifty percent (50%) of the sign's replacement cost, unless the entire sign shall be brought into compliance with all of the provisions of this chapter and all other applicable City ordinances.
(b) Any non-conforming sign the use of which is voluntarily discontinued for a period of at least six (6) months shall either be removed or brought into compliance with all of the provisions of this chapter and all other applicable City ordinances.
(c) Any non-conforming sign for a property or premises that undergoes a change of permitted use, as that term is defined in this Code, shall be brought into compliance with all of the provisions of this chapter and all other applicable City ordinances.
(Ord. 12-O-60. Passed 9-4-12.)
1171.13 REMOVAL OF SIGNS.
(a) The Department is authorized to order the removal, repair or maintenance of any sign which constitutes a nuisance (defined as being a threat to the safety of persons or property), or for which the required permit has not been obtained, or which violates any provision of this chapter. Every such order shall be served upon the owner or person in possession of the sign by personal or certified mail service, provided that, where service has been refused or unclaimed, no further service or notice shall be required, and the time for compliance shall commence from the date such service refusal or failure to claim is entered in the records of the Department.
(b) Whenever the removal, repair or maintenance of any permanent sign has been ordered by the Department, the owner or person in possession of such sign shall comply with such order within fourteen (14) days after notice is served upon him. Whenever the removal, repair or maintenance of a temporary or portable sign has been ordered by the Department, the owner or person in possession of such sign shall comply with the order within twenty-four (24) hours after notice is served upon him. In the event of noncompliance, the Department may seek an order of removal from a court of competent jurisdiction, or may pursue criminal action against the owner and/or person in possession in accordance with the appropriate provisions of this chapter and Code relating to violations. If, following an inspection, the Department determines that any sign constitutes an immediate danger to the public safety the Department may effect the immediate removal of said sign without regard to the time intervals for compliance cited above, at the sign owner's expense. Removal of a sign shall include the sign face, enclosing frame, all sign supporting members and base, unless otherwise specified in the order to remove.
(Ord. 12-O-60. Passed 9-4-12.)
1171.14 DATE AND VOLTAGE.
Every permanent sign shall display in a readily observable place, in a design, style, letter-size and contrast to be readily legible to an average person on the ground: (i) the date of installation, and (ii) the voltage of all electrical apparatus used, if any.
(Ord. 12-O-60. Passed 9-4-12.)
1171.15 MAINTENANCE REQUIRED.
(a) No sign shall constitute a hazard to safety or health by reason of inadequate or inappropriate design, construction, repair, or maintenance.
(b) Signs shall be maintained so as not to show evidence of deterioration, including peeling, rust, dirt, fading, damage, discoloration or holes.
(Ord. 12-O-60. Passed 9-4-12.)
1171.16 GENERAL REGULATIONS.
(a) No signs are permitted unless expressly allowed by the provisions of this chapter.
(b) Any sign that can be displayed under the provisions of this chapter may contain non-commercial copy.
(c) Signs shall be constructed of durable materials which are of appropriate quality and which are compatible with the materials of the building upon which such signs are placed. Wood or metal shall have a durable finish able to withstand routine environmental wear.
(d) Signs shall not be placed on any utility poles or utility equipment (unless pertaining to its use or operation and required to be placed there by the utility), hydrants, rocks/boulders, trees or other vegetation.
(e) No sign shall have more than two faces, which must be parallel to one another and within twenty-four (24) inches, unless a specific provision of this chapter requires a lesser dimension.
(f) Off-Premise and Abandoned Signs.
(1) Off-premise signs are prohibited.
(2) Signs which are abandoned or which are accessory to an abandoned use of property are prohibited. A use shall be determined abandoned if it has voluntarily ceased for a period of at least sixty (60) days, unless the use is typically seasonal.
(g) Obstructions.
(1) No sign shall be erected, relocated or maintained so as to prevent free ingress or egress, or block any light or ventilation openings. No sign shall be located or attached so as to obstruct emergency facilities or equipment.
(2) No sign shall be erected within the area of any sight triangle unless it is no greater than three (3) feet in height and does not otherwise obstruct free and clear vision within the sight triangle.
(3) No sign shall interfere, or otherwise cause visual conflict, in whole or in part, with any authorized traffic control sign, signal or device by virtue of the placement, color, or illumination of the sign.
(4) No sign shall be designed in such a manner that it is substantially similar in appearance to any authorized traffic control sign, signal or device, as set forth in the Manual on Uniform Traffic Control Devices, as amended, because of its shape, use of color, or other design elements when the sign has the potential to cause confusion for motorists or pedestrians with an actual authorized traffic control sign, signal or device.
(h) Sexually Oriented Copy.
(1) No sign shall display any obscene matter, as defined by Section 533.01(f) of the Codified Ordinances.
(2) No sign shall depict or describe any specified sexual activities or specified anatomical areas, as defined by Section 1127.01 of this Code.
(i) Animation and Movement.
(1) Animated signs are prohibited.
(2) No sign shall have visible moving, revolving or rotating parts or visible mechanical movement of any kind.
(3) No sign shall emit any fire, smoke, steam, odor, or sound.
(4) The full copy of an electronic message center must remain fully static for a minimum of eight (8) seconds and any changes in the copy must occur within one-tenth (0.1) of a second.
(j) Illumination and Luminance.
(1) Artificial illumination for signs shall be concentrated on the area of the copy.
(2) Signs that are internally illuminated and electronic message centers shall not exceed the following luminance level:
A. 100 candelas per square meter (cd/m2) from dusk until dawn
(3) Signs that are internally illuminated and electronic message centers shall have a manufacturer's certification that their luminance will not exceed the limits set forth in subsection (2) above. Certification is required to be made in conjunction with permit application pursuant to Section 1171.08 and is subject to field inspection once installed. Luminance limits are for the sign's maximum output (e.g., white screen in the case of electronic message centers) and shall be measured from a distance of thirty (30) feet from the sign face at not more than a ninety (90) degree angle from the sign face.
(4) No sign shall have any lights or illumination that flash, move, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulses.
(5) No sign shall be illuminated so as to cause objectionable brightness or glare into or onto any adjacent property or any right-of-way.
(6) Use of search lights, floodlights, and other such manner of directed light into the atmosphere is prohibited.
(k) Inflatable signs, inclusive of balloons used as signs, are prohibited.
(l) Wall Signs.
(1) A wall sign shall project no more than eighteen (18) inches from the surface or wall to which it is attached. No wall sign shall extend any closer than twelve (12) inches to either the top or side edges of the surface or wall to which it is attached. No wall sign shall cover or obscure any wall opening.
(2) No wall sign shall be erected at a height greater than thirty (30) feet above grade.
(3) No wall sign shall be nearer than three (3) feet to any other sign, nor nearer than five (5) feet to any other building or structure.
(4) Wall signs painted directly upon any wall are prohibited. Mural and pictorial images are included in this prohibition.
(5) A wall sign may only be mounted on the building unit which houses the user erecting the sign.
(m) Canopy Signs.
(1) Only one canopy sign shall be permitted per building entrance canopy or freestanding canopy structure.
(2) No canopy sign shall project more than two (2) inches from the canopy to which it is attached. No canopy sign shall extend any closer than four (4) inches to either the top or side edges of the canopy to which it is attached.
(3) No canopy sign shall be nearer than two (2) feet to any other sign, nor nearer than five (5) feet to any other building or structure.
(n) Window and Door Signs.
(1) No window sign or door sign shall (i) exceed twenty-five (25%) percent of the total area of the window or door in which it is displayed, and (ii) the cumulative area of all such signs shall not exceed the lesser of: (a) 25% of the total glass area of the building frontage, or, (b) forty (40) square feet. For purposes of this section, a window is the entire area of a window notwithstanding any sectionalized panes (where contiguous windows are separated by a mullion providing structural building support, then, those shall be deemed separate windows).
(2) The total area for window/door signs as permitted and calculated by subsection (n)(1) above may be divided between the building frontage windows/doors and windows/doors on the side building elevations.
(3) Where lighting, a border, background, or any other special treatment or combination thereof is used in conjunction with a window or door sign, the sign area shall be computed as including these areas.
(o) Flags.
(1) No freestanding flagpole shall exceed forty (40) feet in height.
(2) No flagpole shall be attached to the roof of a building.
(3) No more than one flagpole shall be permitted for each one hundred fifty (150) feet of frontage, or portion thereof.
(4) No flagpole shall be constructed closer to any lot line than the length of the flagpole or the required building setback, whichever is greater.
(5) Flags shall be proportioned to the height of the flagpole and shall not exceed the sizes indicated for the various corresponding pole heights shown below (for poles of lesser height or a height that varies from those enumerated herein, the flag shall be proportioned utilizing these figures as a guideline, however, mathematical precision is not required and proportions may be approximate):
Flagpole Height (ft.) | Maximum Flag Size (ft.) |
20 | 4 x 6 |
25 | 5 x 8 |
40 | 6 x 10 |
(6) No flag shall hang, when fully unfurled, less than (i) eight (8) feet above grade when hung over a pedestrian walkway, or, (ii) less than fifteen (15) feet above grade when hung over a vehicular driveway or parking area.
(p) Banners. Banners may be used only temporarily in accordance with and subject to the regulations contained in this chapter. No banner may be constructed of paper.
(q) Changeable Copy Area. An area for changeable copy is permitted on ground and wall signs but shall be limited to fifty percent (50%) of the permitted sign area, per sign. If the area of changeable copy will have signs placed thereon mounted on a medium not suited for extended exterior use, then, the changeable copy area shall be protected from direct exposure to the elements by use of a glass or plastic cover, properly secured to the sign structure.
(Ord. 12-O-60. Passed 9-4-12.)
(r) Ground Signs.
(1) Ground signs shall only be erected within the area of the lot frontage.
(2) The supporting structure, including but not limited to pillars, end and top caps, are all part of the allowable sign area.
(3) Ground signs shall not have gaps, cut-outs, or penetrations but instead should be a solid face or area without openings. Ground signs that require internal support members or posts shall not have them exposed or visible whatsoever from external view at a height greater than two (2) feet above grade.
(4) Ground signs shall be designed for vertical orientation. The width of a ground sign shall not exceed its height.
(6) Permanent Ground Signs. When a ground sign is required to be of permanent construction pursuant to the provisions of this chapter, then, the ground sign shall comply with the following design requirements:
A. The sign shall either (i) rest and be affixed to a solid base for its support, or, (ii) if it has support members or posts exposed or visible from external view (but in no case to exceed a height of two (2) feet above grade in accordance with subsection (r)(3) above), then, it shall have low growth vegetation planted and continuously maintained around its base of sufficient height to conceal from view the support members or posts. Except to the limited extent permitted herein, pole signs or signs principally supported by poles or posts do not constitute ground signs and are not permitted.
B. The sign shall be installed with a permanent footer in accordance with all applicable Building Code requirements.
C. The support base, pillars, and end caps, if any, shall be constructed of brick or other masonry material matching that of the principal building on the lot.
D. A metal skirt may be used to cover the base area provided that it is no higher than two (2) feet above grade.
E. If metal is used as a skirt or cover for support members or posts, it shall be at least 24 gauge if sheet metal is used and at least .063 inches if aluminum is used. The metal shall be finished in a color that either matches that of the principal color used within the background of the copy area, or, in a dark or neutral earth tone color.
F. Plywood, particle board, T-111 and other such materials shall not be used as a skirt or cover for support members or posts.
G. A post and panel ground sign, if constructed of wood, may have exposed posts provided the panel is supported by posts along both of its ends, the posts are no greater than six by six (6x6) inches in dimension, and the height of the posts is not less than twelve (12) inches below the highest point of the panel.
(Ord. 17-O-63. Passed 7-5-17.)
(s) Lighting Tubes.
(1) Except as allowed by subsection (s)(2) below the use of lighting tubes is permitted on a sign solely as a design or accent element for the copy area. It may not be used as a border.
(2) No sign in excess of four (4) square feet may be constructed solely of lighting tubes.
(t) Pennants, spinners, streamers and such other similar manner of displays are prohibited.
(u) Bench signs are prohibited.
(v) Vehicle Signs.
(1) Vehicles, trailers, and all such other mobile and semi-mobile equipment are not permitted to be used as either temporary or permanent signs either by virtue of having copy or signage placed on them or by virtue of their use, in context, as signs in their own right. This prohibition does not apply to copy or signage on any vehicle which is in transit or otherwise only temporarily present for a transient purpose.
(2) Vehicles, trailers, and all such other mobile and semi-mobile equipment used by a business in the course of its normal day-to-day operations which have any copy or signage placed on them may only be parked in a location upon the business's lot where they will not be visible from any public right-of-way or from any property lines. In the event no such location exists upon the business's lot then, at a minimum, the vehicle shall be parked behind the setback line of the lot's principal structure wherein the business is located. This parking prohibition shall not apply to transitory parking of vehicles for purposes of delivery, loading, and such other transient business activity.
(w) Roof signs are prohibited. (Ord. 12-O-60. Passed 9-4-12.)
(Ord. 17-O-63. Passed 7-5-17.)
(y) Signs projected upon any surface by means of light or shadow are prohibited.
(Ord. 12-O-60. Passed 9-4-12.)
1171.17 SIGNS ON PUBLIC PROPERTY.
(a) No person may erect or place any sign within a public right-of-way or upon City property, inclusive of City and other public easements, nor may any signs project over any of these areas.
(b) Signs erected in violation of this chapter are hereby declared (i) a nuisance which endanger the health, safety and welfare of the general public and, further, (ii) a trespass upon the public lands. Any such signs shall be seized as contraband and removed immediately upon their discovery by any duly acting City officer to be disposed of as litter in accordance with Section 521.08 of the Codified Ordinances.
(c) Nothing in this section shall limit in any manner the prosecution of persons found to have violated Section 521.08 of the Codified Ordinances.
(Ord. 12-O-60. Passed 9-4-12.)
1171.18 SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS: B-1, B-2, B-3, C-2, APPLICABLE PUD PARCELS, MIP, M-1, M-2, AND MRD.
(a) Signs within the B-1, B-2, B-3, C-2, PUD where a lot is devoted to any non- residential use, MIP, M-1, M-2, and MRD Districts, in addition to any other applicable requirements of this chapter and Code, shall conform to the standards set forth in this section or, if located in a special overlay district, to the standards for that district but only to the extent those standards vary from those set forth herein.
(b) Permitted Sign Types.
(1) Permitted sign types are the following:
A. Ground;
B. Wall;
C. Building marker;
D. Window and door; and
E. Banner.
(2) The following sign types are not permitted as of right, but may be permitted (i) as part of an architectural feature approved for construction by the Planning Commission in accord with the City's Design Guidelines and where (ii) the proposed sign is aesthetically consistent with the surrounding area and not contrary to the purposes and intents of this chapter:
A. Canopy; and
B. Marquee.
When permitted, the allowable sign area for canopy and marquee signs shall be computed using the same formula for wall signs. Canopy and marquee signage is in lieu of wall signs, not in addition to any permissible area for wall signs.
(3) Banners are permitted only in accordance with subsection (f) hereof.
(4) All other sign types are unlawful.
(c) Building Marker. Only one building marker is permitted per building. It shall only be located on the ground floor of the building and adjacent to its principal entrance. The maximum size of a building marker shall not exceed four (4) square feet in area.
(d) Ground Signs. The following additional regulations apply to all ground signs:
(1) Only one ground sign is permitted per development unit, unless subsection (3) of this section applies, and, the sign must be erected in conformity with the following standards:
A. If the development unit has both frontage on a public right-of-way and a vehicular access drive from that public right-of-way, the sign shall be located in close proximity to that principal access drive, taking into consideration preservation of the sight triangle.
B. If the development unit does not have frontage on a public right- of-way, the sign shall be located in close proximity to the principal vehicular access drive on the lot upon which the development unit is sited, taking into consideration preservation of the sight triangle. (Ord. 12-O-60. Passed 9-4-12.)
(2) The permitted area, height, width, and setbacks for ground signs shall be based on the following standards:
A. Maximum area: Forty (40) square feet
B. Maximum height: Ten (10) feet
C. Maximum width: Five (5) feet
D. Front setback: Five (5) feet minimum from any right-of- way line
E. Side yard setback: Fifteen (15) feet minimum from the lot line
F. When a ground is to be erected at a significant front setback, additional allowances are permitted as follows:
(i) If the ground sign is erected at a front setback distance that is at least one hundred (100') feet from any right-of- way line, then it may have:
Maximum area: Fifty-five (55) square feet
Maximum height: Twelve (12) feet
Maximum width: Six (6) feet
Side yard setback: Twenty (20) feet minimum from the lot line
(ii) If the ground sign is erected at a front setback distance that is at least two hundred (200') feet from any right-of- way line, then it may have:
Maximum area: Seventy (70) square feet
Maximum height: Fourteen (14) feet
Maximum width: Seven (7) feet
Side yard setback: Twenty-five (25) feet minimum from the lot line
(iii) If the ground sign is erected at a front setback distance that is at least three hundred (300') feet from any right-of- way line, then it may have:
Maximum area: Eighty-five (85) square feet
Maximum height: Sixteen (16) feet
Maximum width: Eight (8) feet
Side yard setback: Thirty (30) feet minimum from the lot line
((iv) If the ground sign is erected at a front setback distance that is at least four hundred (400') feet from any right-of- way line, then it may have:
Maximum area: One Hundred (100) square feet
Maximum height: Eighteen (18) feet
Maximum width: Nine (9) feet
Side yard setback: Thirty-five (35) feet minimum from the lot line
For ground signs which are to be erected at a significant front setback in accordance with this subsection F, the limitations imposed by Sections 1171.16(r)(5) and 1171.16
(x) may be waived, provided that the proposed sign shall have first been reviewed and approved as an element of a site develop plan (or as amendment, as applicable). Review shall include review of the proposed sign structure and/or related structure(s) for consistency with the City's Design Guidelines. Review shall be limited to the proposed sign's location as an element of good and orderly site planning and as an architectural element of the site but review shall not consider the content of the proposed sign, in accordance with Section 1171.01
(b).
(3) One additional ground sign may be permitted for development units with more than three hundred (300) feet of frontage if the development unit satisfies the following criteria:
A. If the development unit has an additional access drive from a public right-of-way to the development unit for the purpose of public ingress/egress of vehicular traffic, an additional ground sign may be erected adjacent to that access drive, taking into consideration preservation of the sight triangle and the following requirements:
1. Maximum area: Forty (40) square feet
2. Maximum height: Ten (10) feet
3. Maximum width: Five (5) feet
4. Front setback: Five (5) feet minimum from any right-of-way line
5. Side yard setback: Fifteen (15) feet minimum from the lot line
6. Distance separation: One hundred fifty (150) feet minimum between the ground signs
7. When a ground sign is to be erected at a significant front setback, additional allowances are permitted per subsection 1171.18 (d) (2) (F) (i), (ii), (iii) and (iiii).
B. If a multi-building development unit has internal vehicular access roads to individual buildings which are separate from any main access road intersecting with a public right-of-way, then, one additional ground sign may be erected adjacent to each of such interior access drives, taking into consideration preservation of the sight triangle and the following requirements:
1. Maximum area: Forty (40) square feet
2. Maximum height: Ten (10) feet
3. Maximum width: Five (5) feet
4. Front setback: Five (5) feet minimum from any right-of-way
5. Side yard setback: Fifteen (15) feet minimum
6. When a ground sign is to be erected at a significant front setback, additional allowances are permitted per subsection 1171.18 (d) (2) (F) (i), (ii), (iii) and (iiii).
(Ord. 17-O-63. Passed 7-5-17.)
(4) Manner of Construction and Permit Requirement.
A. A ground sign shall be of permanent construction in accordance with the provisions of Section 1171.16
(r)(6) unless it satisfies all of the following requirements:
1. The dimensions of the sign do not exceed the following:
a. Maximum area: Fifteen (15) square feet
b. Maximum height: Five (5) feet
c. Maximum width: Four (4) feet
2. The sign has no electrical service.
3. The sign (including all related structures) does not weigh in excess of fifty (50) pounds.
4. The sign is erected for a period of time that does not exceed nine (9) months (whether continuous or a cumulative total) in any calendar year.
(e) Wall Signs. The following additional regulations apply to all wall signs:
(1) The permitted area for wall signs is the lesser of: (i) 1.5 square feet per 1 linear foot of the building frontage which corresponds to the dimensions of the building unit, or (ii) 150 square feet.
(2) A wall sign may only be located on the portion of the front wall which corresponds to the interior dimensions of the building unit and shall be centered thereon (excepting only side wall signs erected in accordance with the provisions of this ordinance). Minimum distance separation between such wall signs shall be three (3) feet. Wall signs shall be placed at a uniform height across the building frontage. If the building has a sign band, wall signs shall be erected within that area.
(3) Wall signs shall not be erected on the rear wall of a building.
(4) The permitted area for wall signs as calculated by subsection (e)(1) above may be divided between front and side walls of the building unit (and, where permitted, a canopy or marquee) but subject to the area limitations set forth in subsection (e)(5) below.
(5) No side wall sign, or cumulative total of all side wall signs, shall exceed forty (40) square feet on any one building elevation.
(6) Allowance for Building Setback. For building units setback a distance of at least three hundred (300) feet from the right-of-way line of the building frontage an additional wall sign area of twenty-five (25%) percent is permitted in excess of the base amount of area calculated pursuant to subsection (e)(1) above. No front wall sign, or cumulative total of front wall signs, shall exceed one hundred eighty-seven and one- half (187.5) square feet in area for a building unit, and, no side wall sign, or cumulative total of all side wall signs, shall exceed fifty (50) square feet on any one building elevation.
The building unit setback for purposes of this section shall be measured in a straight line from the closest right-of-way line to the primary building entrance of the building unit.
(f) Banners. A banner may be used solely in accordance with all of the following conditions:
(1) A banner may be displayed for the first ninety (90) days after a change in the ownership of a development unit or the commencement of a new occupancy thereon, as applicable, by the new user.
(2) If a permanent ground sign exists and the user then has no copy placed thereon, then, a banner may be placed on the sign, but not to exceed the permitted area for a ground sign. If no permanent ground sign exists, a freestanding banner shall not be displayed, but, a ground sign of temporary construction may be erected in accordance with subsection (d)(4)A. hereof.
(3) If the user has no wall signage, then, a banner may be erected in place of a wall sign, but subject to all applicable wall sign regulations.
(4) A banner in all cases must be secured firmly so as to withstand wind and environmental loads.
(5) A banner displayed in accordance with this ordinance shall be removed immediately once the permanent sign improvement is erected, but in no event shall it be displayed in excess of the ninety (90) day time limit of subsection (f)(1).
(Ord. 12-O-60. Passed 9-4-12.)
1171.19 SPECIAL DISTRICTS: OV DISTRICT AND OLD VILLAGE COMMERCIAL CORRIDOR OVERLAY.
(a) In furtherance of the purposes and intents of this chapter, the Comprehensive Plan, and the legislative findings accompanying enactment of this chapter, the Old Village Commercial corridor shall be a special overlay district and, together with lands zoned OV, signs within the Old Village Commercial Corridor and OV district, in addition to any other applicable requirements of this chapter and Code, shall conform to the standards set forth in this section.
(b) Permitted Sign Types.
(1) Permitted sign types are the following:
A. Ground;
B. Wall;
C. Building marker;
D. Window and door; and
E. Banner.
(2) The following sign types are not permitted as of right, but may be permitted (i) as part of an architectural feature approved for construction by the Planning Commission in accord with the City's Design Guidelines and guidelines promulgated for structures on the National Register, if applicable and (ii) when the proposed sign is aesthetically consistent with the architecture of the building on which it is placed, with the surrounding area, and not detrimental to its status on the National Register, if applicable.
A. Canopy;
B. Marquee; and
C. Projecting.
When permitted, the allowable sign area for canopy and marquee signs shall be computed using the same formula for wall signs. Canopy, marquee and projecting signage is in lieu of wall sign area, not in addition to any permissible area for wall signs.
Dimension, location, and other additional regulations for projecting signs are as set forth herein below.
(4) All other sign types are unlawful.
(c) Electronic message centers are prohibited.
(d) Building Marker. Only one building marker is permitted per building. It shall only be located on the ground floor of the building and adjacent to its principal entrance. The maximum size of a building marker shall not exceed four (4) square feet in area.
(e) Ground Signs. One ground sign may be erected, per development unit, subject to the standards set forth in this section and all other applicable requirements of this chapter.
(1) The permitted area, height, width, and setbacks for ground signs shall be based on the following standards:
A. Maximum area: Thirty-two (32) square feet
B. Maximum height: Eight (8) feet
C. Maximum width: Four (4) feet
D. Front setback: Five (5) feet minimum from any right-of- way line
E. Side yard setback: Fifteen (15) feet minimum from the lot line
(3) Ground signs of a cabinet design with internal illumination shall limit the illumination to the copy itself. The background, border, and any related structure shall not be internally illuminated.
(4) Colors used in the background and all structural components must be neutral, muted earth tones. Bright colors or colors with a florescent appearance are not permitted.
(f) Wall Signs. The following additional regulations apply to all wall signs:
(1) The permitted area for wall signs is the lesser of: (i) 1.5 square feet per 1 linear foot of the building frontage which corresponds to the dimensions of the building unit, or (ii) 50 square feet.
(2) A wall sign may only be located on the portion of the front wall which corresponds to the interior dimensions of the building unit. Minimum distance separation between such walls signs shall be three (3) feet. Wall signs shall be placed at a uniform height across the building frontage. If the building has a sign band, wall signs shall be erected within that area.
(3) Wall signs shall only be erected on the building unit's own exterior wall.
(4) The permitted area for wall signs as calculated by subsection (f)(1) above may be divided between front and side walls of the building unit, and, where permitted a canopy or marquee, but subject to the area limitations set forth in subsection (g)(5) below.
(5) No side wall sign, or cumulative total of all side wall signs, shall exceed twenty (20) square feet on any one building elevation.
(6) Wall signs shall not be of cabinet design.
(7) Any internal illumination for wall signs shall be limited to the copy and not the sign background. Reverse channel letters may be internally illuminated. Back-lighted letters are permitted.
(g) Projecting Signs.
(1) A permit is required for a projecting sign.
(2) One projecting sign is permitted per building unit except that no projecting sign is permitted within twenty (20) feet of another projecting sign.
(3) A projecting sign shall be in lieu of both ground and side wall signs that may otherwise be permitted and, further, shall be included in the area permitted for wall signage as computed by subsection (f)(1) above.
(4) The permitted area, height, and width for projecting signs shall be based on the following standards:
A. | Maximum area: | 1. single story building: | 17.5 square feet |
2. two-story building: | 30 square feet | ||
B. | Maximum height: | 1. single-story building: | 5 feet |
2. two-story building: | 10 feet | ||
C. | Minimum ground clearance: | 1. 8 feet above grade or, if applicable, | |
2. 15 feet above a vehicular driveway | |||
D. | Maximum width: | 3.5 feet from the wall face | |
(5) The sign shall not project into the airspace above a public right-of-way.
(6) The sign shall not extend vertically higher than the roof line.
(7) The sign shall project at a ninety degree angle from the wall face.
(8) The sign shall not have any changeable copy area.
(9) No projecting sign shall be of a cabinet design but, rather, shall be no greater than six (6) inches in depth and constructed of wood or metal, if it is resistant to corrosion. Use of plastic or such other similar building material may be permitted only if the material has the aesthetic ability to substantially mimic wood or metal. Material samples shall be provided as part of the permit application.
(10) Colors used in the background and all structural components must be neutral, muted earth tones. Bright colors or colors with a florescent appearance are not permitted.
(Ord. 12-O-60. Passed 9-4-12.)
1171.20 SIGNS IN RESIDENTIAL DISTRICTS: R-1, R-2, R-3, R-4, R-5, R-10, RVG, RMH, C-1, AND APPLICABLE PUD PARCELS.
(a) The erection of signs within the R-1, R-2, R-3, R-4, R-5, R-10, RVG, RMH, C-1 Districts and PUD Districts where a lot is devoted to non-commercial use, in addition to any other applicable requirements of this chapter and Code, shall conform to the standards set forth in this section.
(1) Permitted sign types are:
A. Ground;
B. Wall; and
C. Window or door.
(2) All other sign types are unlawful.
(b) Signs shall not be artificially illuminated.
(c) Electronic message centers are prohibited.
(d) Ground Signs. One ground sign may be erected, per development unit, subject to the standards set forth in this section and all other applicable requirements of this chapter.
(1) The permitted area, height, width, and setbacks for ground signs shall be based on the following standards:
A. Maximum area: Fifteen (15) square feet
B. Maximum height: Five (5) feet
C. Maximum width: Four (4) feet
D. Front setback: Ten (10) feet minimum from any right-of- way line
E. Side yard setback: Fifteen (15) feet minimum from the lot line
(2) Ground signs are permitted to be of temporary construction provided, however, there shall be no electrical service to the sign, it may not weigh in excess of fifty (50) pounds (inclusive of all related structures) and the sign must be erected so as to withstand normal wind loads and other environmental factors.
(e) Wall Signs. The following additional regulations apply to all wall signs:
(1) The permitted area for wall signs is the lesser of: (i) one and one-half (1.5) square feet per one (1) linear foot of the building frontage which corresponds to the dimensions of the building unit, or (ii) twenty (20) square feet.
(2) A wall sign may only be located on the portion of the front wall which corresponds to the interior dimensions of the building unit.
(3) Wall signs shall only be erected on the building unit's own exterior wall.
(4) The permitted area for wall signs as calculated by subsection(e) (1) above may be divided between front and side walls of the building unit, however, no side wall sign, or cumulative total of all side wall signs, shall exceed six (6) square feet on any one building elevation.
(f) Window and Door Signs. The provisions of Section 1171.16
(n) shall apply, except, the cumulative area of all such signs shall not exceed ten (10) square feet.
(g) In recognition of the right to the free alienation of one's property, which right is deemed personal and not commercial in nature, signs which announce that real property is for sale or rent, and signs which announce the temporary sale of items of personal property shall constitute non-commercial signs, provided that:
(1) In the case of signs announcing that real property is for sale, the sign is posted only on the real property that is being offered for sale and is removed no later than the date title transfers of record; or
(2) In the case of signs announcing that real property is for rent, the sign is posted only on the real property that is being offered for rent and is removed no later than the date a period of tenancy commences; or
(3) In the case of signs announcing that personal property is for sale, the sign is posted only on the real property actually occupied as the residence of the person who owns the personal property that is for sale and, further, in the case of vehicles, the sign is posted only within the time frame permitted for the sale by Section 1157.17.
(h) During an election cycle, one additional ground sign is permitted to be posted on a development unit per candidate and ballot issue for which an elector of the City may cast a ballot. The purpose and intent of this section is to allow for an additional numerical number of signs at a given time, the maximum number of which shall be uniform based upon the total number of candidates and ballot issues at any given time in the election cycle. The content of such additional signs is not limited to that pertaining to a candidate or ballot issue and nothing in this section shall be interpreted as limiting the non-commercial content of such signs.
(Ord. 12-O-60. Passed 9-4-12.)
1171.21 PENALTIES.
(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this chapter shall be guilty of a misdemeanor of the third degree and shall be subject to the penalty as set forth in Section 501.99 of the Codified Ordinances for a third degree misdemeanor. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) In accordance with Section 501.11 of the Codified Ordinances, it is the intent of this ordinance to impose organizational criminal liability.
(c) It is the intent of this chapter that strict criminal liability be imposed for the violation of any provision of this chapter.
(d) The imposition of any other penalties provided herein shall not preclude the City from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful action, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules, or regulations.
(Ord. 12-O-60. Passed 9-4-12.)
1171.22 SEVERABILITY.
If any section, subsection, or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.
(Ord. 12-O-60. Passed 9-4-12.)