It is the intent of this chapter to establish reasonable regulations governing the size, character and location of signs within the City of Miamisburg, in the interest of the safety and general welfare of its citizens, business concerns and other affected sectors of the community. Within this framework, this chapter is adopted to achieve the following objectives:

   (a)   To minimize the possibility that a sign size, location or character will create hazards adversely affecting traffic and pedestrian safety and the safety of the public in general;

   (b)   To establish sign limitations which allow a reasonable capacity for advertisement, but which prevent the escalation of sign competition to levels which are non-productive and create unnecessarily high entrepreneurial costs.

   (c)   To create a more aesthetically pleasing urban environment, without unreasonably limiting the right of individuals to employ signs in the legitimate use of their property;

   (d)   Protect the public from a traffic safety concern by reducing driver distraction, addressing driver fatigue, impairment, judgment, error, risk taking, and traffic violations that could occur from the distraction of certain signs.

   (e)   To protect the rights of property owners and occupants to display messages protected by the First Amendment of the U.S. Constitution. Therefore, the purpose of these regulations include the intention to remove any doubt that it is the public’s right to receive and display messages protected by the First Amendment, including but not limited to, religious, political, economic, social and philosophical messages subject, however, to reasonable regulations to assure safety and minimize visual blight. It is the further purpose of these regulations to affirm that an expedient appeal process exists that addresses these First Amendment concerns.

(Ord. 6717. Passed 5-1-18.)

   (a)   The provisions of this chapter shall apply to and govern signs in all districts. No sign shall be erected or maintained unless it is in compliance with the regulations governing location and bulk of signs for the district in which it is located, unless such sign is otherwise specifically regulated by special use provisions relating to variances or is explicitly exempt from the provisions of this chapter.

   (b)   Any sign already established on the effective date of this Zoning Code, which sign is rendered nonconforming by the provisions of this Zoning Code, and any sign which, as a result of subsequent amendments of this Zoning Code, shall be rendered nonconforming, shall be subject to the provisions of Section 1293.18.

   (c)   Wherever a commercial sign is allowed or permitted under this chapter, an owner may place a noncommercial sign, subject to the time, place and manner provisions of this chapter, without applying for a permit and/or paying a fee that otherwise would be required for the placement of a commercial sign on the lot; provided, that the sign structure or mounting device is legal without consideration of message content. This provision prevails over any provision to the contrary in this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a lot or parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

   (d)   All noncommercial speech is considered on-premise signage and is entitled to the privileges that on-premise signs receive under this section.

   (e)   Notwithstanding any other provision herein, signs that display a noncommercial message are entitled to the maximum square footage allowed any sign within the same zoning district.

   (f)   Notwithstanding any other provision herein, signs that display a noncommercial message are not subject to the temporal limitations otherwise set forth in this chapter; however, such signs remain subject to the provisions of all other applicable Zoning and Building codes, including Section 1293.08(d) of this chapter.

(Ord. 6717. Passed 5-1-18.)

   The following signs are exempt from the sign permit requirements herein, but are not exempt from the standards of Section 1293.04 of this chapter or required building, electrical or other permits required by the Chief Building Official:

   (a)   Signs not legible beyond the boundaries of the lot or parcel upon which they are situated, or from any public thoroughfare or right-of-way.

   (b)   Government and public signs.

   (c)   Seasonal or holiday displays that contain no commercial message.

   (d)   Signs on a truck, bus, trailer or other vehicle while such vehicle is operated in the normal course of a business which is not primarily the display of such signs.

   (e)   Tablets, grave markers, headstones, statuary or remembrances of persons or events that contain no commercial message.

   (f)   Works of art not containing a commercial message.

   (g)   Cornerstones containing no commercial message incorporated into the building design as an architectural feature.

   (h)   Any identification or display of any official court or public office notices thereof, or any flag, emblem or insignia of a nation, political unit, school, religious, charitable, and/or noncommercial organization.

   (i)   Non-commercial flags. A flag conveying non-commercial information provided that such flags are flown only from flagpoles securely affixed to the ground, that the number of such flags does not exceed three on any premises, that the height of any flag pole holding such a flag not exceed the maximum allowable height for structures in the subject zoning district, and provided the area of any such flag shall not exceed sixty square feet.

   (j)   Window signs. Any sign located inside or behind a window shall not be subject to any permitting provisions of this Code, but shall abide fully by all prohibited signs and sign characteristics standards contained in this Code, provided that the window sign is located inside (behind the glass) of a building or flat against the exterior of the window (decal) where a commercial or industrial use is permitted as a principal use, and provided that not more than fifty percent of the area of any window is devoted to window signage. Such signs within or on vacant buildings and/or tenant spaces shall not exceed twenty percent of the window area.

   (k)   Corporate limit signs.

   (l)   Signs that are an integral part of the original construction of vending or similar machines, fuel pumps, or similar devices;

   (m)   Signs that are an integral part of the historic character of a structure that has been designated an official landmark or historic structure by any agency or body of the governments of the United States, State of Ohio, Montgomery County, or the City of Miamisburg.

   (n)   Signs mounted to the front wall of a building or to a lamp post in the front yard of a building not to exceed two square feet in area.

   (o)   Street banners permitted under the City of Miamisburg street banner policy.

(Ord. 6717. Passed 5-1-18.)

   The following signs and sign components shall be prohibited:

   (a)   Signs with blinking, flashing, or intermittent lighting.

   (b)   Pennants, balloons, streamers, searchlights, air-activated devices, spinning and similar-type devices. These are also known as “attention-attracting devices” and “windblown signs.”

   (c)   Signs attached or otherwise applied to trees, bus shelters, benches, trash receptacles or enclosures, newspaper vending machines, telephone or electrical poles or other unapproved supporting structures, or otherwise placed in the public right-of-way.

   (d)   Any sign mounted onto, above, or incorporated into, the roof of any building shall be prohibited. Wall signs may be permitted on mansard-style roofs, provided that there are no other options to achieve sign visibility on the structure and that such a sign is placed in a way that does not diminish the architectural character of the building, as determined by the Development Department. Signs placed on mansard-style roofs are not permitted to extend above or beyond the roofline and shall be at least two feet below the roofline.

   (e)   Any sign with visible moving, revolving, rotating parts, visible mechanical movement or which conveys at any time the visual sensation or appearance of motion or presents a non-constant visual image to the eye of an observer shall be prohibited.

   (f)   Any sign or part thereof of which utilizes flame as a source of light.

   (g)   Any sign or part thereof which utilizes bare bulb illumination.

   (h)   Portable signs, including portable changeable copy signs.

   (i)   Portable signs carried by sign walkers.

   (j)   Snipe signs.

   (k)   Signs which emit audible sounds including messages, announcements, music, or sirens.

   (l)   Obscene signs.

   (m)   Vehicular signs.

   (n)   Any sign which, by reason of size, shape, location, coloring or manner of illumination violates the provisions of Section 1293.07 (Traffic Hazards) of this chapter.

   (o)   No signs shall be located nearer than eight feet vertically, or four feet horizontally from any overhead electrical wires or conductors or public utility guy wires.

   (p)   Abandoned signs.

   (q)   Any sign not expressly permitted by these regulations.

(Ord. 6717. Passed 5-1-18.)

   The following signs may be erected or constructed without a sign permit, but are not exempt from other regulations under this section, including the standards of Section 1293.04 or required building, electrical or other permits required by the Chief Building Official. Where a sign is erected pursuant to a state statute or a court order, the sign may exceed the size standards of this chapter or otherwise deviate from the standards set forth in this chapter to the extent that the statute or court order expressly requires the larger size or other deviation. In all other respects, such signs shall conform to the standards of this chapter:

   (a)   Signs installed by employees or officials of a state or federal agency in the course of their governmental duties and bearing no commercial message;

   (b)   Signs required by an order of a court of competent jurisdiction;

   (c)   Signs installed by a transit company with a franchise or other right to operate in the City, where such signs are installed along its routes and bear no commercial message;

   (d)   Yard signs.

(Ord. 6717. Passed 5-1-18.)

   The following signs, and only the following signs, shall be allowed in the public right-of-way in the City or in parks or on other public property controlled by the City:

   (a)   Government signs;

   (b)   Public signs;

   (c)   Signs installed by employees or officials of a state or federal agency in the course of their governmental duties and bearing no commercial message.

   (d)   Signs required by an order of a court of competent jurisdiction.

   (e)   Signs installed by a transit company with a franchise or other right to operate in the City, where such signs are installed along its routes and bearing no commercial message.

   (f)   Signs installed and maintained by the City that may contain either commercial or noncommercial messages as part of a logo sign/directional sign program, through which space is made available to users on a nondiscriminatory basis in accordance with separately published criteria and with payment of a fee.

   (g)   Corporate limit signs.

   (h)   Street banners as permitted by the City’s banner policy.

(Ord. 6717. Passed 5-1-18.)

   (a)    Except as may be required by law, no sign shall be erected within twenty-five feet of the intersection of any streets, or of any railway and any street, in such a manner as to obstruct free and clear vision, or at any location where, by reason of position, shape or color, it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign, signal or device.

   (b)   Intersection visibility. No sign, whether permanent or temporary, shall obstruct free and clear vision within sight triangles at any street or vehicular drive intersection defined by a line drawn connecting points lying on each curb line thirty-five feet from the point of intersection of said curb lines. In the case of a street or vehicular drive where curbing is not installed, said measurements shall be made from the edge of pavement.

   (c)   Light sources for illuminated signs shall not be of such brightness as to constitute a hazard to pedestrian or vehicular traffic.

   (d)   Artificial light shall be maintained stationary and constant in intensity and color at all times when in use.

   (e)   No rotation beam, beacon or flashing illumination resembling an emergency light shall be used in connection with any sign display, nor shall any illuminated device designed to attract the attention of users of the street be permitted unless it is an integral part of the sign as herein defined.

   (f)   Illumination for signs shall be directed or shaded downward so as not to interfere with the vision of persons on adjacent highways or adjacent property.

(Ord. 6717. Passed 5-1-18.)

   A sign shall be designed, erected, altered, reconstructed, moved and maintained in accordance with the provisions of this Chapter 1293 of this Zoning Code unless specifically modified by another section of this Zoning Code.

   (a)   Permits Required. A sign permit shall be obtained for the erection, construction, relocation, or alteration of any sign unless exempted herein. A sign shall comply with all City of Miamisburg zoning, building, electrical and fire regulations and all county and state building, electrical and fire codes.

      The enforcement officer is authorized to inspect and may order the painting, repair, alteration, or removal of a sign that constitutes a hazard to safety, health, or public welfare because of inadequate maintenance, dilapidation, abandonment, or obsolescence under the procedures prescribed by Sections 1293.16 and 1293.17 of this chapter. Notwithstanding any other provision of this chapter, any temporary sign that is constructed of lightweight wood and cardboard, or of wire frame and plastic or similar material, is deemed to have a lifespan of sixty days, after which time, such temporary sign is deemed to be dilapidated and shall be replaced or become subject to removal pursuant to Sections 1293.16 and 1293.17.

      (1)   Brightness. Electronic message centers may emit illumination up to but not exceeding intensity levels of 5,000 nits (candelas per square meter) during daylight hours and 500 nits (candelas per square meter) between dusk and dawn as measured from a sign face at maximum brightness. The applicant shall provide a certificate of maximum illumination before a sign permit application is officially approved. In addition, an electronic message center shall have illumination dimming technology to assure daytime and nighttime levels are not exceeded.

      (4)   The electronic display color, lettering, logos, pictures, illustrations, symbols, and any other electronic graphic shall not change at intervals less than every eight seconds.

      (5)   Except for permitted transition from one static frame to another static frame, electronic message center signs shall not change color, blink, flash, rotate, scroll, change in illumination intensity, or otherwise change in outward appearance; contain visual effects such as fading dissolves; or use any frame entrance, exit or hold effects or background animation.

      (1)   Illumination sources shall be shielded from all adjacent residential buildings and streets through either the placement of the sign, landscaping, the sign structure, or some combination; and

      (2)   Illumination sources shall not have an intensity to cause objectionable glare visible to pedestrians or drivers, nor shall the illumination be of such brightness to cause reasonable objection from adjacent residential uses and/or districts;

         A.   Should such illumination sources cause objectionable glare or cause reasonable objection, the owner shall do one or more of the following:

            1.   Decrease the intensity of the illumination to a level that is not objectionable as may be determined by an authorized representative of the City or the Development Department;

            2.   Extinguish the illumination during the hours of 10:00 p.m. and 7:00;

            3.   Relocate the sign to a location where the illumination sources are not objectionable as may be determined by an authorized representative of the City or the Development Department;

            4.   Install landscaping and/or screening sufficient to eliminate the objectionable intensity of illumination.

      (3)   No colored lights shall be used in a location or manner as to be confused with traffic control devices or vehicular traffic.

      (4)   Automatic dimming technology. Illuminated signs installed after the effective date of this Chapter are encouraged to incorporate automatic dimming technology which dims the illumination source as the ambient light changes throughout the day so as to diminish risks associated with the aforementioned sign illumination standards.

      (5)   No sign shall incorporate movement or the illusion of movement. Any illuminated sign or lighting device shall employ only light emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights, or incorporate reflective materials which imitate or create the illusion of flashing or moving lights.

      (6)   For illumination standards specific to electronic reader boards, refer to Section 1293.08(k).

(Ord. 6717. Passed 5-1-18; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20.)

      (2)   Setback. Any permanent freestanding sign or any part thereof shall maintain at least a five-foot setback from every right-of-way line and at least a twenty foot setback from any side or rear lot line. The setback requirement from the right-of-way line may be administratively modified in cases where the existing building setback for the principal structure on the subject lot is equal to or less than fifteen feet from the right-of-way. The setback requirement from the side lot line may be administratively modified in cases where the total lot width does not exceed fifty feet in width. In cases where the setbacks from the side and/or right-of-way lines are modified, the sign in question shall not exceed sixteen square feet in size or six feet in height.

         A.   The minimum landscaped area shall be, at a minimum, equal to the area of the sign face.

         B.   The landscaped area shall include all points where sign structural supports attach to the ground.

         C.   Where the required landscaped area is adjacent to a paved surface accessible to vehicular traffic, a raised non-mountable curb suitable to prevent the encroachment of vehicles shall be required. The minimum distance between the face of any required curb and any part of the sign shall be thirty inches.

         D.   The landscaped area shall include living plantings aesthetically located and maintained. The use of concrete, asphalt or other paved surface inside the required landscaped area beneath the sign shall be prohibited.

      (4)   Projecting signs with two faces back-to-back shall be treated as one sign, provided said faces are parallel and are supported by the same sign structure. The two faces of a projecting sign shall not be separated by more than four inches.

      (7)   Shall not extend above the top of the wall and shall not extend beyond the limits of any wall to which they are attached.

      (5)   Shall not extend above the top of the wall and shall not extend beyond the limits of any wall to which they are attached.

      (4)   Shall be inclined from the vertical only to the extent necessary for conformity to the general contour of the wall to which the sign is mounted, including mansard roofs.

      (5)   Shall not extend above the top of the wall and shall not extend beyond the limits of any wall to which they are attached.

      (6)   Shall not mask or interrupt a major architectural feature (such as, but not limited to, doors, windows, or trim).

      (7)   Shall have hidden structural supports.

      (8)   Such signs shall not cover any window or part of a window.

         A.   The minimum landscaped area shall be, at a minimum, equal to the area of the sign face.

         B.   The landscaped area shall include all points where sign structural supports attach to the ground.

         C.   Where the required landscaped area is adjacent to a paved surface accessible to vehicular traffic, a raised non-mountable curb suitable to prevent the encroachment of vehicles shall be required. The minimum distance between the face of any required curb and any part of the sign shall be thirty inches.

         D.   The landscaped area shall include living plantings aesthetically located and maintained. The use of concrete, asphalt or other paved surface inside the required landscaped area beneath the sign shall be prohibited.

      (6)   Temporary signs shall be securely fastened or attached to an approved stationary structure or ground in such a manner as to prevent swinging or other significantly noticeable movement.

      (7)   Any temporary sign violating the requirements of this or any other section is declared a public nuisance and the Development and/or Building Inspection Departments are authorized to remove the same or cause it to be removed.

      (8)   Temporary signs shall not be posted on any traffic control device, utility pole, railroad sign or signal.

      (9)   Temporary signs shall not have changeable copy.

      (10)   Temporary signs shall be permitted as specified in this section, including the Temporary Sign Standards Table below.

         A.   Public issue signs shall not be posted on any traffic control device, utility pole, railroad sign or signal or on City-owned property.

         B.   Any public issue sign placed in the public right-of-way shall be set back not less than 15 feet from the curb or 15 feet from the edge of pavement on streets that have no curb.

         C.   No public issue signs shall be placed in a median.

         D.   Public issue signs shall be permitted in the right-of-way for a period not more than 30 days before and ten days after a general, regular, special, or primary election. Any candidate for public office or any public issue or levy campaign committee wishing to display public issue signs in the public right-of-way shall obtain a permit by posting a deposit of fifty dollars ($50.00) with the Development and/or Building Inspection Departments. The deposit will be refunded to the candidate or committee if all public issue signs are removed within ten days after the election.

         E.   Any public issue sign violating the requirements of this section is declared a public nuisance and the Development Department is authorized to remove the same or cause it to be removed.

(Ord. 6717. Passed 5-1-18; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20.)

 

   All signs permitted in the City shall be erected and maintained in accordance with the following specifications by district or types of districts.

      (1)   The following structural types of signs shall be permitted:

         A.   Freestanding.

         B.   Projecting.

         C.   Wall.

      (2)   The following functional types of signs shall be permitted:

         A.   Changeable copy signs, including electronic message centers, are permitted up to be up to twenty square feet in area for any non-residential use permitted in a residential district consistent with Sections 1293.08(j) and 1293.08(k).

         B.   Temporary.

         C.   Exempt.

         D.   Signs partially exempt from this chapter.

         E.   Entranceway.

      (3)   For nonresidential uses permitted in residential districts, such as schools, public parks, public buildings, places of worship and golf courses, and multi-unit buildings with four or more units, the following auxiliary provisions shall be shall be applicable:

      (1)   The following structural types of signs shall be permitted:

         A.   Awning, marquee or canopy.

         B.   Freestanding.

         C.   Projecting.

         D.   Wall.

         E.   Window.

      (2)   The following functional types of signs shall be permitted:

         A.   Changeable copy signs, including electronic message centers, are permitted up to be up to twenty square feet in area for any non-residential use permitted in the OR-1 District consistent with Sections 1293.08(j) and 1293.08(k).

         B.   Temporary.

         C.   Exempt.

         D.   Signs partially exempt from this chapter.

         E.   Entranceway.

      (3)   In the OR-1 District, sign regulations established for residential districts shall apply, and, in addition, the following identification signs shall be permitted for non-residential uses permitted in the OR-1 District:

      (1)   The following structural types of signs shall be permitted:

         A.   Awning, marquee or canopy.

         B.   Freestanding.

         C.   Projecting.

         D.   Wall.

         E.   Window.

      (2)   The following functional types of signs shall be permitted:

         A.   Temporary.

         B.   Exempt.

         C.   Signs partially exempt from this chapter.

         D.   Entranceway.

         E.   Changeable copy/electronic message center consistent with Sections 1293.08(j) and 1293.08(k).

      (3)   In the OS-1 District, the following auxiliary sign regulations shall apply:

      (1)   The following structural types of signs shall be permitted:

         A.   Awning, marquee or canopy.

         B.   Freestanding.

         C.   Projecting.

         D.   Wall.

         E.   Window.

      (2)   The following functional types of signs shall be permitted:

         A.   Temporary.

         B.   Exempt.

         C.   Signs partially exempt from this chapter.

         D.   Entranceway.

         E.   Changeable copy / electronic message center consistent with Sections 1293.08(j) and 1293.08(k).

      (3)   In the NB-1 District, the following auxiliary provisions shall be applicable:

      (1)   The following structural types of signs shall be permitted:

         A.   Awning, marquee or canopy.

         B.   Freestanding.

         C.   Projecting.

         D.   Wall.

         E.   Window.

      (2)   The following functional types of signs shall be permitted:

         A.   Temporary.

         B.   Exempt.

         C.   Signs partially exempt from this chapter.

         D.   Entranceway.

         E.   Changeable copy / Electronic message center consistent with Sections 1293.08(j) and 1293.08(k).

      (3)   In the GB-1 District, the following auxiliary provisions shall be applicable:

      (1)   The following structural types of signs shall be permitted:

         A.   Awning, marquee or canopy.

         B.   Freestanding.

         C.   Projecting.

         D.   Wall.

         E.   Window.

      (2)   The following functional types of signs shall be permitted:

         A.   Temporary.

         B.   Exempt.

         C.   Signs partially exempt from this chapter.

         D.   Entranceway.

         E.   Changeable copy/electronic message center consistent with Sections 1293.08(j) and 1293.08(k).

      (3)   In the HS-1 District, the following auxiliary provisions shall be applicable:

      (1)   The following structural types of signs shall be permitted:

         A.   Awning, canopy and marquee.

         B.   Projecting.

         C.   Wall.

         D.   Window.

      (2)   The following functional types of signs shall be permitted:

         A.   Temporary.

         B.   Exempt.

         C.   Signs partially exempt from this chapter.

         D.   Entranceway.

         E.   Changeable copy signs, including electronic message centers, are permitted up to be up to sixteen square feet in area for any non-residential use permitted in the Central Business District consistent with Sections 1293.08(j) and 1293.08(k).

      (3)   In the CBD-1 District, the following auxiliary provisions shall be applicable:

      (1)   The following structural types of signs shall be permitted:

         A.   Awning, canopy and marquee.

         B.   Freestanding.

         C.   Projecting.

         D.   Wall.

         E.   Window.

      (2)   The following functional types of signs shall be permitted:

         A.   Temporary.

         B.   Exempt.

         C.   Signs partially exempt from this chapter.

         D.   Entranceway.

         E.   Changeable copy signs, including electronic message centers, are permitted up to be up to twenty square feet in area for any non-residential use permitted in the Central Service District consistent with Sections 1293.08(j) and 1293.08(k).

      (3)   In the CSD-1 District, the following auxiliary provisions shall be applicable:

      (1)   The following structural types of signs shall be permitted:

         A.   Awning, canopy and marquee.

         B.   Freestanding.

         B.   Projecting.

         C.   Wall.

         D.   Window.

      (2)   The following functional types of signs shall be permitted:

         A.   Temporary.

         B.   Exempt.

         C.   Signs partially exempt from this chapter.

         D.   Entranceway.

         E.   Changeable copy / electronic message center consistent with Sections 1293.08(j) and 1293.08(k) and other applicable provisions of this chapter.

      (3)   In Industrial (RO-1, I-1 and I-2) Districts, the following auxiliary provisions shall be applicable:

         A.   Area. Allowable sign area for building signs on a zoning lot shall be one square foot for each horizontal linear foot of building wall upon which the sign or signs are to be located. The gross area in square feet of freestanding signs shall be one square foot for each horizontal linear foot of lot frontage upon which the sign is to be located. The maximum size of any freestanding sign shall be sixty-four square feet.

      (1)   The following structural types of signs shall be permitted:

         A.   Awning, canopy and marquee.

         B.   Freestanding.

         C.   Projecting.

         D.   Wall.

      (2)   The following functional types of signs shall be permitted:

         A.   Temporary.

         B.   Exempt.

         C.   Signs partially exempt from this chapter.

         D.   Entranceway.

      (3)   In Agricultural (A and AR) Districts, the following auxiliary provisions shall be applicable to non-residential uses permitted within the districts:

      (1)   Flood Hazard Overlay District (FH-1): Sign standards shall be based upon the base zoning district.

      (2)   Austin Overlay District (AO): Refer to Chapter 1253 of this Zoning Code for sign standards for the AO District.

      (3)   Planned Developments: Sign standards shall be approved by the Planning Commission during the planned development process for each respective planned development. In cases where such sign standards are not or have not been established during the Planned Development Process, the zoning district standards most closely matching the Planned Development shall apply.

(Ord. 6717. Passed 5-1-18.)

      (1)   Vacant lots or vacant buildings, including vacant tenant spaces, are permitted a single ground or wall sign per street frontage subject to the following standards:

         A.   Within residential (R-1, R-2, R-3, R-4, OR-1) districts, ground signs shall limited to eight square feet in sign area and four feet in height. Wall signs shall be permitted on only multi-family buildings and shall not exceed one-half of a square foot for every one foot of building frontage where the sign is to be placed up to a maximum of twenty-four square feet in area.

         B.   Within business (OS-1, CSD-1, NB-1, GB-1, HS-1) districts, such signs, both freestanding and wall signs, shall be limited to thirty-two square feet in area and six feet in height.

         C.   Within industrial (RO-1, I-1, I-2) districts, such signs shall be limited to thirty-two square feet in area and six feet in height.

         D.   Within the CBD-1 district, such signs shall be limited to twenty-four square feet in area and four feet in height.

      (1)   Residential subdivisions which contain at least 15 separate platted, recorded parcels meant for residential development, one sign located near the primary vehicular entrance(s), other than those authorized in other sections hereof, shall be permitted, subject to the following standards:

      (1)   Residential multi-family developments which contain at least fifteen housing units shall be allowed one sign located near the primary vehicular entrance(s) of said development, other than those authorized in other sections hereof, shall be permitted, subject to the following standards:

      (1)   For office and/or industrial parks containing at least 250,000 square feet of gross total floor area for multiple office and/or industrial users, one additional sign located near each primary entrance, other than those authorized in other sections hereof, shall be permitted, subject to the following standards:

         A.   Location. Such sign shall be located near the primary vehicular entrance to said office and/or industrial park and outside of the public right-of-way located and oriented in a way that does not impact the sight-distance of drivers or pedestrians in the public right-of-way. Such signs shall be setback a minimum of five feet from the public right-of-way.

      (1)   The following provisions are applicable to areas of special control: Shopping centers in single ownership or under unified control with a minimum frontage of 200 feet shall be entitled to the following freestanding signs by respective size of the center in addition to the total signable area permitted for the commercial complex as a whole, provided that no other freestanding signs used:

         A.   A neighborhood shopping center (one which contains 20,000 to 99,999 square feet of floor space) shall be entitled to one freestanding sign not to exceed 100 square feet in size.

         B.   A community shopping center (one which contains 100,000 to 399,999 square feet of floor space) shall be entitled to one freestanding sign not to exceed 200 square feet in size.

         C.   A regional shopping center (one which contains 400,000 or more square feet of floor space) shall be entitled to two freestanding signs, each of which shall not be permitted to exceed 300 square feet in size.

         G.   Such signs shall abide by the standard of Section 1293.08(i) of this chapter.

    (g)   Master Campus Sign Plan. A Master Campus Sign Plan is a long-term program that guides present and future implementation of on-premise signage across a campus environment. The objective is to define a comprehensive and consistent program of identification and wayfinding signage for campus visitors that reflects the size, scope, and use of campus property. To accommodate the unique needs of a large private, public, or institutional campus, a Master Campus Sign Plan shall be subject to the following requirements.

         A.   All parcels are owned by a single entity or group of closely related legal entities.

         B.   Exceeds 500 total linear feet of public street frontage across one or more parcels.

         C.   Includes an area of at least 25 contiguous acres across one or more parcels.

         A.   Map defining the boundaries of the plan.

         B.   Ownership information for each parcel included within the plan boundaries.

         C.   Program of all proposed signs, including appearance, design, materials, source of illumination, quantity, size, height, setback, and location for each sign.

         D.   Any information deemed necessary by the Planning Commission to adjudicate the plan.

         A.   Are the sign(s) the minimum necessary to provide adequate visibility and direction from the public right-of-way and within the campus environment?

         B.   Do the sign(s) reasonably reflect the scope, size, and use of the property?

         C.   Do the sign(s) incorporate quality design and durable materials in their construction?

         D.   Does the plan create a consistent and cohesive design aesthetic throughout the campus?

         E.   Does any aspect of the plan create a potential visual hazard or detract from the overall aesthetic quality of the community?

Ord. 6717. Passed 5-1-18; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20; Ord. 7005. Passed 2-21-23.)

      (1)   The area of the surface, or surfaces of any opaque or translucent panels used for displaying a message but excluding all material(s) not conveying significant visual information and whose major function is providing structural support for the sign;

      (2)   For a sign comprised of individual letters, figures, or elements on a wall or similar surface, or an irregularly shaped sign, the area of the sign shall be measured by calculating the surface area of a simple plane or solid geometric shape which approximates the size and shape of the sign surface area. No more than twelve sides may comprise this geometric shape.

      (3)   The supporting structure or bracing of a sign shall not be counted as a part of sign area, unless such structure or bracing is made a part of the sign’s message by including a symbol, logo, or other three-dimensional figure, in which case a combination of regular geometric shapes that can encompass the area of said symbol or figure shall be included as part of the total sign area calculations.

      (4)   Where a sign has two display faces that measure twenty-four inches or less back-to-back, only the area of one face of the sign shall be considered for the purposes of measuring total sign area. Further, in the case of a sign with a "V" or similar shape, provided that only one face can be visible at a time to a pedestrian or driver, only one face of said sign shall be counted toward the total sign area.

      (1)   A.   The height of a freestanding sigh shall be determined by measuring the vertical distance between the top part of the sign or a sign or its structure, whichever is highest, to the elevation of the finished grade directly beneath the sign. Finished grade shall be the grade after constructive, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign.

         B.   In cases where signs are to be located on man-made berms, hills, or other similar ground formations, with sides steeper than one foot of rise to five feet of horizontal run, the Development Department shall utilize the elevation of the street curb nearest the location of the sign for determining sign height. In the case of a private or public street without curbing, the edge of pavement shall be utilized to determine sign height. The same shall apply in cases of a sign being located on land that slopes downward relative to the surrounding street at a rate of one foot of fall to five feet of horizontal run.

      (2)   Any material whose major function is providing structural support for a sign shall be considered part of the sign for purposes of determining sign height. Up to twelve additional inches of height may be added to freestanding signs in the form of decorative and ornamental sign caps.

(Ord. 6717. Passed 5-1-18.)

   (a)   No sign regulated by this chapter, unless explicitly exempted from sign permitting requirements, may be erected, painted, installed or otherwise established in the City without a permit first having been obtained therefor. Such permit shall be obtained through the Development Department. The fees for all sign permits shall be provided for within Chapter 214 of the Administration Code.

   (b)   Any sign requiring a structural steel foundation and/or electricity shall obtain foundation and/or electrical permits from the Development Department, as well as a sign permit.

   (c)   Except as otherwise provided in this chapter, a temporary sign permit is required before the placement or erection of any temporary sign that is not allowed without a permit. Such a permit shall be issued administratively for a period not to exceed those specified in Table 1293.09-1 of this chapter.

   (d)   Any language in this chapter that includes other permit requirements and limitations on the duration of certain permits shall be considered supplemental to the requirements of this section and shall not be interpreted as waivers of application, fee or other requirements set forth in this section. In the case of apparent conflict between any such language and the language of this section, the more specific language shall control.

   (f)   No provision of this section controls over Sections 1293.02(e) and 1293.02(f).

(Ord. 6717. Passed 5-1-18.)

   When applying for a sign permit, the following materials shall be submitted:

   (a)   A completed application for each requested sign.

   (b)   Scaled elevation drawing(s) of the proposed sign(s).

   (c)   Foundation, anchoring and electrical drawing(s) of the proposed sign(s) that have been reviewed and approved by the City’s Chief Building Official.

   (d)   A site plan showing the location(s) of the proposed sign(s) and adjacent buildings, required landscaping, other structures, and the lot, including dimensions thereof. For building signs, a building elevation drawn to scale showing the proposed building sign and the dimension from established grade to the top of the sign, and;

   (e)   Where required by law, evidence that a permit and permit plate has been obtained from the Ohio Department of Transportation pursuant to R.C. Chapter 5516.

(Ord. 6717. Passed 5-1-18.)

   (a)   When a permit of any kind is required for a sign, the Zoning Inspector shall deny, approve with conditions, or approved without conditions such permit in an expedited manner no more than twenty days from the receipt of a complete application for such a permit, including the applicable fee.

   (b)   When a permit of any kind is required for a sign, and the permit application or permit appeal demonstrates that the sign would comply with all applicable requirements of this section, the permit application or permit appeal shall not be denied.

   (c)   If the permit is denied or approved with conditions, the City shall prepare a written decision within ten days of its decision, stating the reason or reasons for the action and describing the applicant's appeal rights under Section 1236.02(b)(1) and the applicant’s rights to seek a variance under Section 1236.03 of this Planning and Zoning Code and provide it to the applicant.

   (d)   When the Board of Zoning, Building and Housing Appeals receives an appeal from the denial or approval with conditions of a permit required for a sign, the Board shall hold a hearing as set forth in Section 1236.04(a) of this Planning and Zoning Code.

   (e)   Following the hearing, the Board shall arrive at a decision as set forth in Section 1236.05 of this Planning and Zoning Code.

   (f)   If the applicant elects to file an appeal from the Board's decision in Common Pleas Court, the applicant shall follow the procedure set forth in Section 1236.04(f) of this Planning and Zoning Code, R.C. Chapters 2505 and 2506 and Rules 3 and 4 of the Ohio Rules of Civil Procedure.

(Ord. 6717. Passed 5-1-18.)

   Enforcement of this chapter shall be the responsibility of the Zoning Inspector and such other appropriate personnel as may be designated by the City Manager.

(Ord. 6717. Passed 5-1-18.)

   (a)   An obscene sign shall be immediately removed.

   (b)   Any sign which violates the provisions of this chapter is hereby declared to be a public nuisance and shall be removed.

   (c)   Any sign required to have a permit pursuant to any regulation(s) that pre-existed this chapter and that is required to have a permit pursuant to the terms of this Chapter, if the sign lacks said permit on the effective date of this Chapter, the sign is declared to be a public nuisance and shall be removed.

   (d)   Any temporary sign in a dilapidated state as set forth in Section 1293.08(d) is hereby declared to be a public nuisance and shall be replaced or removed.

   (e)   Whenever the Building Inspector or designee suspects the existence of a public nuisance, as defined in this section, he or she shall promptly inspect or cause to be inspected the premises on which it is alleged such a public nuisance exists.

   (f)   Should the Building Inspector find that a public nuisance does exist, he or she shall cause a written notice to be served on the owner of the land, according to the property records of Montgomery County, Ohio, on which such unlawful sign is located stating the findings with respect to the existence of a public nuisance and stating that unless the owner or owners thereof shall cause the abatement of the public nuisance by removal of the sign, the City, at the expense of said owner or owners, will abate the same. Such abatement shall start within 15 days after service of said notice and shall be complete within forty-five days.

   (g)   The notice referred to in division (f) of this section shall be served either personally or by leaving a copy thereof at the usual place of residence of the owner of the land, or by mailing a copy to such owner, according to the property records of Montgomery County, Ohio, at his or her usual place of residence, by United States certified mail with return receipt requested. If service of the written notice is not perfected by any of the hereinbefore described methods, then the Building Inspector or designee shall cause such notice to be published in a newspaper of general circulation in the City, once each week for two consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the person, if any, in possession of the premises on which it is alleged such public nuisance exists. If there is no person in possession thereof, the Building Inspector shall cause a copy of the notice to be posted on the premises. The Building Inspector shall cause a return of service in the form of an affidavit that shall set forth the name and address of the person served, the manner of service and the date thereof.

   (h)   The said owner or owners may, within ten days after completion of service of the notice, make a demand in writing to the Building Inspector or designee for a hearing on the question of whether in fact a public nuisance, as defined in division (b) of this section, does exist. The hearing shall be held within ten days following receipt of said written demand, and at least two days' notice in writing of the said hearing shall be given to the said owner or owners. The said hearing shall be conducted by a Board of Zoning and Housing Appeals under the standards of Chapter 1236 of the Planning and Zoning Code. All members of the Board of Zoning and Housing Appeals shall concur that a public nuisance, as defined in division (b) of this section, exists, before enforcement of the abatement is carried out. A copy of the decision of said hearing board shall be promptly served upon the owner or owners in the manner provided in division (f) of this section.

   (i)   Should said nuisance not be abated at the expiration time stated in the notice issued by the Building Inspector or designee, or such additional time as the Board of Zoning and Housing Appeals may grant, the City Manager or designee shall be authorized at any time thereafter to enter upon said premises, and the owner shall permit him or her entry to abate the nuisance by removal of the sign and any associated supporting structures and components or by taking any other action that may be required. In abating such nuisance, the City Manager or designee may call upon any department of the City for whatever assistance may be necessary, or may, by private contract, obtain the abatement thereof, and the cost of such private contract shall be paid for from City funds specifically authorized by Council in order to abate such public nuisances. In abating such nuisance, the City Manager or designee may go to whatever extent necessary to complete the abatement of the same and the cost of the abatement action shall be recovered from the owner in the following procedures:

      (1)   The owner or owners shall be billed directly by certified mail for the cost of the abatement. The bill for the cost of the abatement shall be paid within sixty days after receipt of the bill.

      (2)   If costs are not so recovered, then the City shall cause the cost of the abatement to be levied as an assessment and recovered in accordance with R.C. § 715.261.

   (j)   This section shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the City, but shall be deemed as an enlargement of any authority existing by virtue of the statutes of the state or any ordinance heretofore enacted by Council.

   (l)   No provision within this section shall limit any of the City’s legal and/or equitable remedies including, but not limited to, those remedies set forth in R.C. § 713.13.

(Ord. 6717. Passed 5-1-18.)

      (1)   All signs that do not conform to the specific standards of this chapter may be considered legally nonconforming if the sign was erected in conformance with a valid sign permit and complied with all applicable laws at the time of the sign’s installation or if the sign was part of a property that was annexed to the City.

      (2)   Any nonconforming sign which is relocated or replaced shall comply with all provisions of this chapter.

      (3)   Any nonconforming sign which has not been used for a continuous period of twelve months for any reason shall not be rebuilt, re-erected, relocated, or reused unless or until it is made to comply with the standards of this chapter.

      (4)   Normal maintenance shall be permitted, provided that any nonconforming sign that is destroyed by any means to an extent greater than fifty percent of the sign’s pre-catastrophe fair market value, as determined by at least two sign companies requested to provide a quote, exclusive of the foundation, shall not be reconstructed. Normal maintenance shall include painting of chipped or faded signs; replacement of faded or damaged surface panels; or repair or replacement of electrical wiring or electrical devices.

      (5)   Failure to bring a sign into compliance after the loss of a legal nonconforming status shall cause the sign to be considered a public nuisance.

      (1)   In the case of legal, nonconforming land uses (such as a business located in a residentially zoned district), the total sign area of all signs associated with such land use shall be no greater than that which would be allowed if the business were located in the most restrictive zoning district allowing such land use.

      (2)   No new signs associated with nonconforming land uses may be erected, except replacements which are the same or smaller in size than the sign being replaced. In the event that a sign associated with a nonconforming land use is moved, its new location shall conform to the setback requirements of the district in which it is located as if it were a building.

(Ord. 6717. Passed 5-1-18.)

   (a)   If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter, except as limited by division (b) of this section.

   (b)   Without diminishing or limiting in any way the declaration of severability set forth above in division (a) of this section or elsewhere in this chapter or this Planning and Zoning Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is declared unconstitutional, such declaration shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise additional standards.

   (c)   Without diminishing or limiting in any way the declaration of severability set forth above in division (a) of this section, or elsewhere in this chapter or in this Planning and Zoning Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is, or any other laws are, declared unconstitutional by valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under Section 1293.04 of this chapter. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter or of any part of the Planning and Zoning Code is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter, except as expressly provided in division (b) of this section.

   (d)   If any part section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter and/or other provisions of this chapter or other provisions of this Planning and Zoning Code are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the limitations on signs as contained herein.

(Ord. 6717. Passed 5-1-18.)