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Middleburg Heights City Zoning Code

CHAPTER 1153

Sign Standards

1153.01 PURPOSE AND INTENT.

   Sign regulations, including provisions to control the type, design, size, location, motion, illumination, enforcement and maintenance of signs, are established in order to achieve, among others, the following purposes and intent:
   (a)   To maintain high value residential districts and promote attractive public facilities, by permitting only nameplates, bulletin boards and signs related to the development, rental or sale of properties in such districts.
   (b)   To provide reasonable, yet appropriate, conditions for advertising goods sold or services rendered in non-residential districts by relating the size, type and design of signs to the size and type of establishments.
   (c)   To eliminate any conflict between advertising signs and traffic control signs which would be hazardous to the safety of the motoring public or pedestrians.
   (d)   To control the design of signs so that their appearance will be aesthetically harmonious with an overall urban design for the area.
   (e)   To promote the most desirable developments and economic activity consistent with the objectives of the planning and development program of the City.
(Ord. 2022-24. Passed 5-24-22.)

1153.02 SIGN PERMIT APPLICATION PROCEDURE.

   These sign regulations shall be administered and enforced by the Building Commissioner unless otherwise provided for in this Zoning Code.
   (a)   Sign Permit Required. A sign permit shall be required for all permanent signs or repaired signs, unless exempted by this chapter, and shall be erected, moved, materially or substantially altered, or enlarged in conformance with the applicable standards as set forth in this chapter.Temporary sign permit applications shall be reviewed and decided upon by the Building Commissioner.
   (b)   The construction, erection, safety and maintenance of all signs shall be in accordance with applicable City codes. This chapter shall not amend, or in any way interfere with, other codes, rules or regulations governing traffic signs within the City.
   (c)   Sign Permit Application Contents. A sign for which a permit has been issued shall not be modified, relocated, altered or replaced unless a new sign permit is issued by the Planning Commission or amended sign permit or temporary sign permit issued by the Building Commissioner. Each sign permit application shall be submitted to the Building Commissioner and accompanied by the following information:
      (1)   A fully dimensioned drawing showing the design of the proposed sign(s);
      (2)   Foundation and anchoring drawing of proposed sign(s);
      (3)   Fully dimensioned site plan showing the sign location in relation to property lines, right-of-way, buildings, walks, and drives;
      (4)   Dimensioned elevation drawing showing the size, sign type, height, support or mounting method, and construction materials;
      (5)   For illuminated signs, provide the number and types of lamps and lens material and a statement in writing that the illumination of such sign will comply with Section 1153.12;
      (6)   Colored photographs of existing buildings, if applicable;
      (7)   For ground signs, a sign base landscaping plan shall be provided;
      (8)   The application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected or placed; and
      (9)   An application fee, as set by the City Council, shall be included with the completed application materials.
   (d)   Completed Sign Permit Application Required.
      (1)   The Building Commissioner shall review the application for completeness and determine if the application is complete. If all information required is not provided, the Building Commissioner shall promptly notify the applicant of the additional items needed.
      (2)   Upon submission of a completed sign permit application, the Building Commissioner shall cause the application to be placed on the next available Planning Commission agenda subject to any administrative submission deadlines.
   (e)   Planning Commission Action.
      (1)   The sign permit application shall be approved by the Planning Commission when all the applicable conditions of this Zoning Code are satisfied.
      (2)   The Planning Commission may refuse to issue a sign permit for the erection of any such sign unless details of construction and manner of erection ensure the safety of such signs and signboards when erected.
      (3)   Following approval by the Planning Commission, the Building Commissioner shall issue a sign permit to the applicant.
   (f)   Amended Sign Permit and Sign Face Replacement. The Building Commissioner shall have the authority to review and make a determination on all amended sign permit applications and sign face replacement requests. At any time, the Building Commissioner may refer an amended sign permit application or sign face replacement to the Planning Commission to review and make the determination of permit approval or denial.
(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

1153.03 EXEMPTED SIGNS.

   The following signs are not subject to the provisions of this Zoning Code:
   (a)   These sign regulations do not apply to permanent or temporary signs, flags or banners erected and maintained by the City of Middleburg Heights pursuant to and in discharge of any governmental function, or required by any law, ordinance, or governmental regulation;
   (b)   Flags, emblems and insignia of any governmental agency;
   (c)   Commemorative plaques placed by recognized historical agencies; and
   (d)   Signs located inside a stadium, open air theatre, shopping center, arena or other use which signs can be viewed only by persons within such stadium, open air theater, shopping center, arena or other use.
(Ord. 2022-24. Passed 5-24-22.)

1153.04 PROHIBITED SIGNS.

   The following signs are prohibited in all zoning districts.
   (a)   Signs Located in the Public Right-of-Way.
      (1)   No sign shall be placed in any public right-of-way except: A governmental sign, such as a traffic control or directional sign.
      (2)   Any sign illegally placed in a public right-of-way or right-of-way easement may be removed by the City and stored in a City facility as directed by the Building Commissioner for a minimum of 120 hours and may thereafter be destroyed.
   (b)   Bench signs.
   (c)   Signs exceeding the roofline or affixed to the roof.
   (d)   Streamers or banners used by private or publicly held corporations unless permitted as a community activity or special event sign provided in this chapter.
   (e)   Exposed neon and/or skeleton tubing unless expressly permitted under Section 1153.03.
   (f)   Dynamic signs shall be prohibited unless expressly permitted within this chapter.
   (g)   Pole signs. Unless expressly permitted in this sign chapter, pole signs shall be strictly prohibited.
   (h)   Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs that are attached by magnetic or static decals or painted upon an integral part of the vehicle or equipment, as originally designed by the manufacturer, and do not break the silhouette of the vehicle.
   (i)   Mobile or portable signs. See example below.
   (j)   Off-premises signs.
   (k)   Awning signs.
   Example of a Prohibited Portable Sign
 
(Ord. 2022-24. Passed 5-24-22.)

1153.05 PERMITTED SIGNS BY TYPE AND ZONING DISTRICT.

Sign Type
R1-A
R1-C
R2-F
RMF
RSL
P-I
GB
O
PMU
GI
Sign Type
R1-A
R1-C
R2-F
RMF
RSL
P-I
GB
O
PMU
GI
Wall Sign
X
X
X
X
X
X
X
Temporary Non-Commercial Sign
X
X
X
X
Temporary Construction Sign
X
X
X
X
X
X
X
X
X
X
Ground Mounted Sign
X
X
X
X
X
X
X
X
X
X
Projecting Sign
X
X
X
X
X
X
Portable Sandwich Board Sign
X
X
Directional / Informational Sign
X
X
X
X
X
X
X
Temporary Commercial Sign
X
X
X
X
X
X
X
Window Sign
X
X
X
X
Menu Board Sign
X
X
Canopy Sign
X
X
X
X
 
(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

1153.06 SIGN STANDARDS FOR ONE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONING DISTRICTS.

   Signs pertaining to permitted, accessory, and conditional uses are permitted subject to the regulations set forth herein for the following residential zoning districts: One-Family A Residential District (R1-A), One-Family Cluster Units District (R1-C), and Townhouse Cluster Residential District(R2-F).
   (a)   Permitted Types of Signs. The following types of signs are permitted in one-family and two-family residential zoning districts unless otherwise noted: Signs permitted in their respective zoning district as provided in the chart in Section 1153.05 .
   (b)   Permitted Number, Height, Area and Location.
      (1)   Permitted number. Permitted one-family and two-family residential uses may have one of each of the following types of signs per lot:
         A.   Those signs not requiring a permit under Section 1153.03.
         B.   One permanent ground mounted sign may be erected and maintained at the main entrance to a residential subdivision. One additional permanent ground mounted sign proposed to be located at a secondary entrance for large scale residential subdivisions are subject to the approval of the Planning Commission.
         C.   One temporary construction sign.
         D.   Ground mounted signs accessory to an approved conditional use are permitted except for home occupation uses and home operated day care uses.
         E.   There is no limit on the number of permitted temporary non-commercial signs.
      (2)   Maximum height. The maximum height for signs shall be as follows:
         A.   The maximum height for any ground mounted sign and temporary non-commercial sign shall be five feet.
         B.   The maximum height of a temporary construction sign shall be eight feet.
         C.   Section 1153.03 sets forth the height standards for signs not requiring a permit.
      (3)   Maximum Area. The maximum area for signs shall be as follows:
         A.   Temporary construction signs. The maximum sign area for a temporary construction sign shall be thirty-two square feet.
         B.   Ground mounted signs. The maximum sign area for a ground mounted sign shall be fifty square feet.
         C.   Temporary non-commercial signs. The maximum sign area for a temporary non-commercial sign shall be eight square feet.
   (c)   Location and Setback.
      (1)   Signs shall be located on the same lot to which they are an accessory use.
      (2)   All signs shall be set back a minimum of five feet from the street right-of-way unless provided otherwise in this chapter.
      (3)   All signs shall be set back a minimum of ten feet from any side lot line.
      (4)   All signs not affixed to the wall of a residential structure shall be set back a minimum of twenty-five feet from any residential use or residential zoning district.
      (5)   A permanent ground mounted sign shall be located at the main vehicular entrance to the subdivision, located on the parcel to be developed and be set back a minimum of ten feet from any street right-of-way line.
   (d)   Conditional uses permitted in the one-family and two-family residential zoning districts may contain specific sign standards and requirements unique to the particular use. Those conditional use specific sign regulations shall control in the event of a conflicting sign standard set forth in this chapter.
(Ord. 2022-24. Passed 5-24-22.)

1153.07 SIGN STANDARDS FOR MULTIFAMILY AND RESIDENTIAL SENIOR LIVING ZONING DISTRICTS.

   Signs pertaining to permitted, accessory, and conditional uses are permitted subject to the regulations set forth herein for the following multifamily residential zoning districts: Residential Multifamily District(RMF) and Senior Facility District (SF).
   (a)   Permitted Types of Signs. The following types of signs are permitted in multifamily and senior facility zoning districts unless otherwise noted:
      (1)   Signs permitted in their respective zoning district as provided in the chart in Section 1153.05.
      (2)   Ground mounted signs accessory to an approved conditional use are permitted in a multifamily residential district except for home occupation uses and home operated day care uses.
   (b)   Permitted Number, Height, Area and Location.
      (1)   Permitted number.
         A.   Permitted multifamily and senior facility uses may have one of each of the following types of signs: wall sign, projecting sign, temporary commercial sign, temporary construction sign, temporary non-commercial sign and those signs not requiring a permit under Section 1153.03.
         B.   Directional / informational signs. The number of permitted directional and informational signs for a multifamily or senior facility development shall be determined by the Planning Commission.
      (2)   Maximum height. The maximum height for signs shall be as follows:
         A.   The maximum height for a ground mounted sign, temporary commercial sign and temporary non-commercial sign shall be five feet.
         B.   The maximum height for any directional or informational sign shall be three feet.
         C.   The bottom of any projecting sign shall be a minimum of eight feet above any sidewalk and set back fifteen feet above any driveway.
         D.   Wall signs shall not project more than twelve inches from the building wall and shall not extend above the wall or beyond the wall to which it is attached.
         E.   The maximum height of a temporary construction sign shall be eight feet.
         F.   Section 1153.03 sets forth the height standards for signs not requiring a permit.
      (3)   Maximum Area. The maximum area for signs shall be as follows:
         A.   Wall signs. The sign area shall not exceed one and one half square feet per each linear foot of the front building wall maximum of thirty square feet.
         B.   Temporary commercial signs. The maximum sign area when advertising a new development project shall be thirty-two square feet.
         C.   Ground mounted signs. The maximum sign area for a ground mounted sign shall be twenty-four square feet.
         D.   Projecting signs. The maximum sign area for a projecting sign shall be sixteen square feet.
         E.   Directional / informational signs. The maximum area for a directional or informational sign shall be four square feet.
         F.   Temporary construction signs. The maximum sign area for temporary construction sign shall be thirty-two square feet.
         G.   Temporary non-commercial signs. The maximum sign area for a temporary non-commercial sign shall be eight square feet.
   (c)   Location and Setback.
      (1)   Signs shall be located on the same lot to which they are an accessory use.
      (2)   Projecting signs shall be allowed to project over two-thirds the width of the sidewalk or five feet from the building, whichever is less. All components of the projecting sign shall project no more than eighteen inches from a wall face or other structure.
      (3)   All signs shall be set back a minimum of one-half the height of the sign from the street right-of-way, provided that no part of a ground-mounted sign shall be closer to the front property line than seven feet.
      (4)   All signs shall be set back a minimum of ten feet from any side yard lot line with the exception of portable sandwich signs located in the public right-of-way.
      (5)   All signs affixed to the wall of a nonresidential structure shall be set back a minimum of twenty-five feet from any adjacent residential land use or residential zoning district.
      (6)   A ground mounted sign shall be located at the primary vehicular entrance to the industrial / office park.
   (d)   General Provisions.
      (1)   All sign frames, foundations and other supporting structures shall be constructed of stone, brick, cultured stone / brick or other material similar to the principal permitted structures which they identify, unless otherwise approved by the Planning Commission.
      (2)   All signs shall utilize similar or compatible colors and styles to the buildings which such signs identify.
      (3)   Projecting signs may be illuminated by internal or external illumination.
      (4)   Conditional uses approved in a multifamily or senior facility zoning district may contain specific sign standards and requirements unique to the particular use. Those conditional use specific sign regulations shall control in the event of a conflicting sign standard set forth in this chapter.
(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

1153.08 SIGN STANDARDS FOR BUSINESS, OFFICE, PUBLIC FACILITY AND MIXED USE ZONING DISTRICTS.

   Outdoor advertising, identification or other exterior signs pertaining to permitted, accessory, and conditional uses are permitted subject to the regulations set forth herein for the following zoning districts: General Business (GB), Office (O), Planned Mixed Use (PMU) and Public - Institutional (P-I).
   (a)   Permitted Types of Signs. The following types of signs are permitted in the GB, O, PMU and P-I zoning districts unless otherwise noted:
      (1)   Signs permitted in their respective zoning district as provided in the chart in Section 1153.05.
      (2)   Residential land uses located in a PMU zoning district shall be permitted those signs allowed under Section 1153.07.
   (b)   Permitted Number, Height, Area and Location.
      (1)   Permitted number.
         A.   Permitted nonresidential uses may have one of each of the following types of signs; projecting sign, ground mounted sign and temporary construction sign. In addition, each nonresidential use shall be permitted one temporary commercial sign, up to two separate window signs and one portable sandwich sign on the premises and up to two canopy signs.
         B.   Wall signs. A nonresidential use located in a free-standing building shall be permitted two wall signs consisting of a primary wall sign and a secondary wall sign. A use located in an end unit of a multi-tenant building may be permitted a primary wall sign and secondary wall sign to be placed on the side of the building.
         C.   If there are multiple occupants within the same building or structure, then the number of signs permitted for nonresidential uses shall apply to each separate occupant.
         D.   Only one ground mounted sign is permitted on a single lot.
         E.   Menu board signs. A restaurant or other business with a drive-through or drive-up window may have two menu board signs per each separate drive-thru ordering lane if approved by the Planning Commission.
      (2)   Maximum height. The maximum height for signs shall be as follows:
         A.   Wall signs. Wall signs shall not project more than twelve inches from the building wall and shall not extend above the wall or beyond the wall to which it is attached.
         B.   Projecting signs. The bottom of any projecting sign shall be a minimum of eight feet above any sidewalk and fifteen feet above any driveway.
         C.   Portable sandwich board signs. Four feet.
         D.   Ground mounted signs. Six feet.
         E.   Directional / informational signs. Three feet.
         F.   Temporary commercial signs. Five feet.
         G.   Temporary construction signs. Eight feet.
         H.   Canopy signs. Canopy signs shall not project or extend beyond the limits of the canopy structure. No portion of a canopy sign shall be less than seven and one-half feet above the level of the sidewalk or other public thoroughfare over which it projects.
         I.   Signs not requiring a permit. Section 1153.03 sets forth the height standards for signs not requiring a permit.
      (3)   Maximum area. The maximum area for signs shall be as follows:
         A.   Wall signs. The sign area for a primary wall sign shall not exceed one and one-half square feet per each linear foot of the front building wall, maximum of 100 square feet. The sign area for a secondary wall sign shall not exceed one and one-half square feet per each linear foot of the front building wall, maximum of 50 square feet. In the case of multi-tenant structures, the lineal distance of the front building wall compromising the width of the tenant space only shall be used in this area calculation as depicted in the Wall Sign Area Computation Illustration in this Section.
         B.   Menu board signs. Thirty-two square feet.
         C.   Ground-mounted signs. The sign area shall not exceed one square foot per linear foot of frontage of the premises, maximum of fifty square feet.
         D.   Projecting signs. Eight square feet.
         E.   Portable sandwich board signs. Six square feet.
         F.   Directional/informational signs. Four square feet.
         G.   Temporary commercial signs. Six square feet unless otherwise provided for.
         H.   Window signs.
            1.   Window signs are permitted on each wall elevation, provided that they do not exceed fifteen square feet, provided that they do not cover more than thirty percent (30%) of said window, and provided that the area between four feet, six inches, and six feet, six inches, above the finished sidewalk grade must be open and free of any and all signage and/or obstruction of view at all times without exception.
            2.   All window signs, permanent or temporary, must be considered when determining the thirty percent (30%) coverage requirement.
            3.   When there is more than one window, each window must meet the criteria for sign area and window coverage.
            4.   A window is defined as the area of glass within a frame sash or the area separated by muntins or mullions.
            5.   In any event, only two permanent window signs will be permitted per building occupant.
            6.   Window signs shall only be permitted on the first floor or second floor of any building or structure.
         I.   Canopy signs. Twenty-four square feet.
         J.   Temporary construction signs. The maximum sign area for temporary construction sign shall be 32 square feet.
   Wall Sign Area Computation
Illustration describing the measurement of tenant space for computation of permitted wall signs.
 
   (c)   Location and Setback.
      (1)   Signs shall be located on the same lot to which they are an accessory use.
      (2)   Ground mounted signs.
         A.   A ground mounted sign shall be set back a minimum of twenty-five feet from any other lot containing a non-residential land use.
         B.   A ground mounted sign shall be set back a minimum of fifty feet from any residential zoning district or residential land use.
         C.   A ground mounted sign shall be set back a minimum of five feet from any street right-of-way line and ten feet from any interior access drive.
         D.   A ground mounted sign featuring digital changeable copy shall be set back a minimum of 100 feet from any residential zoning district or residential land use.
      (3)   Directional signs. A directional / informational sign shall be set back a minimum of fifteen feet from any side lot line and a minimum of five feet from any street right-of-way line.
      (4)   Any freestanding sign affixed to the ground, except for ground mounted signs and directional / informational signs, shall be set back a minimum of one-half the height of the sign from the street right-of-way line, provided that no part of such freestanding sign shall be closer to the front property line than seven feet.
      (5)   Projecting signs shall be allowed to project over two-thirds the width of the sidewalk or five feet from the building, whichever is less. All components of the projecting sign shall project no more than eighteen inches from a wall face or other structure.
      (6)   All signs shall be set back a minimum of ten feet from any side yard lot line.
      (7)   A temporary construction sign shall be located on the lot of a proposed development or building construction.
         A.   Such development project sign shall be located a minimum of 100 feet from the any residential zoning district or residential land use.
         B.   Such development project sign shall be located a minimum of twenty-five feet from any non-residential lot line and any street right-of-way line.
      (8)   Canopy signs. No portion of a canopy or awning may extend more than five feet from the building facade.
   (d)   General Provisions.
      (1)   All sign frames, foundations and other supporting structures shall be constructed of stone, brick, cultured stone / brick or other material similar to the principal permitted structures which they identify, unless otherwise approved by the Planning Commission.
      (2)   All signs shall utilize similar or compatible colors and styles to the buildings which such signs identify.
      (3)   Portable sandwich board signs. Portable sandwich board signs placed on private property shall not require a sign permit.
      (4)   Menu board signs. At a drive-in restaurant or other similar drive-in business, two menu board signs may be permitted per occupant in addition to the maximum permanent sign allowed if approved by the Planning Commission.
      (5)   For multiple occupant structures utilizing a single ground-mounted sign, such sign shall have a coordinated appearance, and all individual occupants’ panels shall be constructed of the same materials.
      (6)   Conditional uses allowed in these zoning districts may contain specific sign standards and requirements unique to the particular use. Those conditional use specific sign regulations shall control in the event of a conflicting sign standard set forth in this chapter.
(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27- 23; Ord. 2024-88. Passed 2-25-25.)

1153.09 SIGN STANDARDS FOR INDUSTRIAL ZONING DISTRICTS.

   Outdoor advertising, identification or other exterior signs pertaining to permitted, accessory, and conditional uses are permitted subject to the regulations set forth herein for the General Industrial (GI) zoning district.
   (a)   Permitted Types of Signs. The following types of signs are permitted in the GI zoning district unless otherwise noted: Signs permitted in their respective zoning district as provided in the chart in Section 1153.05 .
   (b)   Permitted Number, Height, Area and Location.
      (1)   Permitted number. Permitted uses may have one of each of the following types of signs: wall sign, temporary commercial sign, ground mounted sign and temporary construction sign. Each permitted use containing multiple occupants shall have a maximum of one ground-mounted sign per lot used by all occupants, site or development, plus a maximum of one additional wall sign for each occupant.
      (2)   Maximum height. The maximum height for signs shall be as follows:
         A.   Wall Signs. Wall signs shall not project more than eighteen inches from the building wall and shall not extend above the wall or beyond the wall to which it is attached.
         B.   Ground-mounted signs. Six feet.
         C.   Directional/informational signs. Three feet.
         D.   Temporary commercial signs. Five feet.
         E.   Temporary construction signs. Eight feet.
      (3)   Maximum area. The maximum area for signs shall be as follows:
         A.   Wall signs. The sign area shall not exceed one square foot per linear foot of the front building wall elevation, maximum of eighty square feet. For multiple occupant structures, the wall sign area calculation stated above shall be based upon the portion of the building frontage attributed to the specific user requesting the wall sign permit.
         B.   Ground-mounted signs. The sign area shall not exceed one square foot per linear foot of frontage of the premises, maximum of fifty square feet. For multiple occupant structures, individual occupants wishing to use a portion of their allowable sign area on the one permitted ground-mounted sign shall erect such sign on this common structure, the area of which shall be divided proportionately among the occupants based on the width of the individual storefront building frontage, or as otherwise mutually agreed upon among the tenants. Multiple occupant ground-mounted signs shall have a coordinated appearance, and all individual occupants’ panels shall be constructed of the same materials.
         C.   Directional/informational signs. Four square feet.
         D.   Temporary commercial signs. Ten square feet.
         E.   Temporary construction signs. The maximum sign area for temporary construction sign shall be thirty-two square feet.
   (c)   Location and Setback.
      (1)   Signs shall be located on the same lot to which they are an accessory use.
      (2)   Any ground mounted sign or temporary construction sign shall be set back not less than ten feet from the nearest street right-of-way line and thirty-five feet from the nearest edge of pavement of a private drive except when said sign is located within a median of a divided roadway, provided that no part of such sign shall be closer to the front property line or any public right-of-way line than twenty-five feet nor closer than 100 feet to any residential land use or residential zoning district.
      (3)   All signs shall be set back a minimum of ten feet from any side lot line.
      (4)   Unless otherwise stated herein, all signs shall be set back a minimum of twenty-five feet from any residential district.
   (d)   General Provisions.
      (1)   All sign frames, foundations and other supporting structures shall be constructed of stone, brick, cultured stone / brick or other material similar to the principal permitted structures which they identify, unless otherwise approved by the Planning Commission.
      (2)   All signs shall utilize similar or compatible colors and styles to the buildings which such signs identify.
      (3)   For multiple occupant structures utilizing a single ground-mounted sign, such sign shall have a coordinated appearance, and all individual occupants’ panels shall be constructed of the same materials.
      (4)   Conditional uses allowed in this industrial zoning district may contain specific sign standards and requirements unique to the particular use. Those conditional use specific sign regulations shall control in the event of a conflicting sign standard set forth in this chapter.
(Ord. 2022-24. Passed 5-24-22.)

1153.10 GENERAL SIGN STANDARDS.

   The following regulations shall apply to all signs in all zoning districts:
   (a)   No sign shall employ any parts or elements which revolve, rotate, whirl, spin, or otherwise make use of motion to attract attention except signs performing service function such as indication of time, temperature, or similar services.
   (b)   No sign or part thereof shall contain or consist of posters, pennants, ribbons, streamers, spinners, or other similar moving devices. Such devices, as well as strings of lights, shall not be used for the purpose of advertising or attracting attention when not part of a sign.
   (c)   No sign of any classification shall be installed, erected, or attached in any form, shape, or manner to a fire escape or any door or window giving access to any fire escape.
   (d)   All signs hung and erected shall be plainly marked with the name of the person, firm, or corporation responsible for maintaining the sign.
   (e)   Signs directing and guiding traffic and parking on private property but bearing no advertising message shall be permitted on any property.
   (f)   Glass in any sign shall be either double strength, plate, or wired glass.
   (g)   No sign shall be erected that will interfere with proper and convenient protection of property or with public safety.
   (h)   Conditional uses may contain specific sign standards and requirements unique to the particular use. Those conditional use specific sign regulations shall control in the event of a conflicting sign standard set forth in this chapter.
   (i)   Ground Mounted Signs. The base of a permanent ground sign shall be constructed of either brick, stone or masonry as approved by the Planning Commission.
   (j)   Wall Signs. All wall signs shall consist of individual letters projecting not more than twelve inches from the building wall to which they are attached. The City Architect shall make a recommendation to the Planning Commission regarding design and color of the proposed sign. None of the individual letters shall be set back from the end of the building and party wall lines less than two feet and shall not project above the coping or eaves of any building.
   (k)   Relation to Building Openings. No sign shall project over or obstruct the required windows or doors of any building or be attached to or obstruct a fire escape or interfere with any other safety provision as may be further regulated in the Building Code of the City.
   (l)   Relation to Traffic Control Devices.
      (1)   No sign shall be erected so as to obstruct sight lines along any public way, traffic control lights, street name signs at intersections or street sight lines or signals at railroad grade crossings.
      (2)   No sign visible from the sight lines along a street shall contain an arrow or words such as “stop,” “go,” “slow,” etc., nor shall the movement, content, coloring or manner of illumination of such a sign resemble any highway traffic sign.
   (m)   Vertical Sign Dimension. The lowest element of any sign which is supported or suspended from a column or columns shall be at least eight feet above the finished grade of a sidewalk or any other pedestrian way. If located over a pavement used for vehicular traffic or within eighteen inches of the vertical projection of the edges of such pavement, the lowest element of a sign shall be at least fifteen feet above the finished pavement.
   (n)   Sign Movement Restrictions.
      (1)   No flashing or moving illumination shall be permitted.
      (2)   No sign shall employ any parts or elements which revolve, rotate, whirl, spin or otherwise make use of motion to attract attention, except a sign which performs a public service function indicating time, temperature or a similar service.
      (3)   No sign, or part thereof, shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or other similar moving devices.
      (4)   No such devices or strings of lights shall be used for the purpose of advertising or attracting attention when they are not part of a permanent sign.
   (o)   State Permit Required for Certain Signs. Notwithstanding any other section of this chapter, the owners of and applicants for all permitted signs or other advertising devices located within 660 feet of the edge of the right-of-way of an interstate or primary State highway shall make application for a permit to the Director of the State Department of Transportation, c/o Advertising Device Control Section, and comply with all provisions of Ohio R.C. Chapter 5516, prior to applying for a sign permit required by this chapter. Interstate and primary highways are defined in Ohio R.C. 5516.01.
   (p)   Additional Wall Sign for Corner Lots. Each applicant located on a corner lot in any GB, O, PMU, P-I and GI zoning district having frontage on more than one public or private street may be permitted one additional wall sign not to exceed fifty square feet and shall be located on the secondary street side of the building. This additional signage provision applies to both a single user building and a multi-tenant building.
   (q)   Any sign painted on the inside or outside of a window shall not be considered a “wall sign” and shall be prohibited.
(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

1153.11 SIGN MEASUREMENT STANDARDS.

   (a)   General Sign Measurement Standards. The area of the sign is determined by the dimensions of the background structure, unifying background area, or by the maximum dimensions of the display area if posted on a common background. The following standards shall be used to determine the area and height measurements for all signs erected or posted within the City:
      (1)   The area of a sign shall be computed by means of the smallest rectangle area that will encompass the exterior display limits of a sign, but not including the supporting frame or bracing as described in the illustrations accompanying this section.
      (2)   The area of a sign composed of characters or words attached directly to a building wall or roof surface shall be the smallest rectangle which encloses the entire group of characters or words.
      (3)   The area of a sign with more than one face shall be computed by the dimension of the largest single sign face. Any “V” shaped sign shall have its area computed by adding each individual sign face to determine the total sign area.
      (4)   In the case of irregularly shaped three dimensional signs, the area of the display surface shall be measured on the plane of the largest vertical cross section.
      (5)   The height of a sign shall be determined by measuring the vertical distance between the highest point of the sign to the ground elevation at the base of the sign. If mounding was used at the sign base, the ground elevation shall be determined as the average ground elevation of the developed site at the sign base prior to mounding.
   Sign Area Measurement Methods
   Methods to Determine Sign Area Measurements for common types of signs.
 
   Sign Height Measurement Methods
   Methods to Determine Sign Height Measurements for common types of signs.
 
   (b)   Determination of Building Wall and Lot Frontage Measurements. When the maximum sign face area of a sign is determined by the lineal distance of a building front wall, or portion of a building front wall, the following measurement standards shall be followed:
      (1)   “Front Building Wall” or “Building Frontage” shall mean the width of the facade of the building, store, service or office unit which faces the principal street or the facade containing the main entrance of a store, office, service or manufacturing building.
         A.   For multi-tenant buildings or structures, the lineal distance of the front building wall compromising the width of the tenant space only shall be used to determine the front building wall width.
         B.   For a single use located on a corner lot building, forty percent (40%) of the building wall facing the secondary street may be included in the frontage width factor for that specific use.
      (2)   The “Frontage of a Lot” not occupied by a building means the number of lineal feet the lot abuts on the principal street.
   (c)   Determination of Sign Setback. The setback of a sign shall be measured from the vertical projection of the property line or street right-of-way line to the closest part of the sign.
(Ord. 2022-24. Passed 5-24-22.)

1153.12 SIGN ILLUMINATION STANDARDS.

   (a)   General Requirements. Signs may be externally illuminated, internally illuminated, backlit or illuminated through down lighting unless otherwise provided for in the chapter. All externally illuminated signs shall employ steady, stationary, shielded light sources directed solely at the sign.
   (b)   Flashing Signs. Flashing, blinking, running or sequential lights used in any element of a sign shall not be permitted unless expressly provided for in this chapter.
   (c)   Non-Glare and Shielded Lighting. Use of glaring, unshielded or undiffused lights or bulbs shall be prohibited. Lights shall be shielded so as not to project onto adjoining properties or roadways.
   (d)   Traffic Hazards. Sign illumination that could distract motorists or otherwise create a traffic hazard shall be prohibited.
   (e)   Bare Bulb Illumination. Illumination by bare bulbs or flames is prohibited.
   (f)   Intensity. Illumination resulting from all signs and sign lighting on any property in a non-residential zoning district shall not exceed one-half foot candles at a height of five feet when measured at any point on property in a residential zoning district or at any point on any road right-of-way.
   (g)   LED Signs. Electronic changeable copy signs utilizing a light-emitting diode display (LED) shall be permitted subject to the following standards set forth below.
      (1)   An LED sign must be located at least two hundred fifty feet(250') away from the nearest residential land use or residential zoning district.
      (2)   Scrolling animations are prohibited.
      (3)   A message must be displayed for a minimum duration of eight seconds before switching to the next message.
      (4)   Any LED sign shall be encased in stone, brick, cultured stone / brick or similar material.
   (h)   LCD Signs. Electronic changeable copy signs utilizing a liquid crystal display (LCD) or other technology that allows the sign to display a series of images shall be permitted subject to the following standards set forth below.
      (1)   An LCD sign must be located at least 250 feet away from the nearest residential land use or residential zoning district.
      (2)   Scrolling animations are prohibited.
      (3)   A message must be displayed for a minimum duration of eight seconds before switching to the next message.
      (4)   Any LCD sign shall be encased in stone, brick, cultured stone / brick or similar material.
   (i)   Electronic Changeable Copy Sign Lighting Intensity. Electronic changeable copy signs must have the capability to adjust intensity in response to ambient lighting conditions.
(Ord. 2022-24. Passed 5-24-22.)

1153.13 SIGN LANDSCAPING REQUIREMENTS.

   Landscaping requirements for ground mounted signs. A permanent ground-mounted sign shall require a single continuous landscaped area to be maintained beneath the sign in accordance with the following standards:
   (a)   The minimum landscaped island shall maintain a minimum width of three feet around the perimeter of the base of the sign, including all points where sign structural supports are attached to the ground.
   (b)   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.
   (c)   The landscaped area shall include vegetative plantings aesthetically located and maintained. The use of concrete, asphalt, or any other paved surface inside the required landscaped area beneath the sign shall be prohibited.
   (d)   A construction level detail landscape plan and landscape maintenance plan shall be submitted with the sign application.
   (e)   Landscaping and perimeter buffering material shall be fully installed on the site by completion of construction; if not feasible due to seasonal conditions, within one planting season after completion of construction. The Planning Commission may grant an extension of the time to install required landscaping features.
(Ord. 2022-24. Passed 5-24-22.)

1153.14 SIGN CONSTRUCTION STANDARDS.

   (a)   No part of a projecting sign shall be supported from an un-braced parapet wall.
   (b)   All metal parts used in a sign or sign structure, including a pole or pylon, metal, supports and braces, shall be galvanized or of corrosive-resistant material or painted with approved corrosive-resistant paint.
   (c)   When existing poles or structures are used for new sign installation, all parts shall be brought to like-new condition and shall be painted with approved rust and corrosion-resistant paint.
   (d)   (1)   No equipment, such as cable to support electric circuits, light fixtures, guys, etc. may be added to a sign structure or supports other than as approved by the Planning Commission and detailed in the sign permit materials. Brackets, wires, switches, etc., required to illuminate the sign may be added.
      (2)   When a sign structure or supports are used in any manner other than outlined herein, certification by a licensed engineer shall be obtained to show the structure is capable of supporting the load.
   (e)   Projecting signs, such as marquee signs, shall not be installed on a building or structure unless the support has been designed specifically for the purpose of supporting a sign and approved by the Building Commissioner.
    (f)   No sign or outdoor display structure shall be of such character or with such inscription or marking that it may be mistaken for a highway sign or marker.
   (g)   No sign shall be installed, erected or constructed in such a manner as to obstruct any fire escape or any door or window giving access to any fire escape, nor shall a sign be attached in any form, shape or manner to a fire escape.
   (h)   All electrical signs shall be plainly marked on the bottom edge of the sign using 3/4 inch minimum letters with the erector’s name, the voltage, amperes or watts, and the date of installation. All signs shall be adequately grounded.
   (i)   All wiring, fittings and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the National Electric Code. Electric sign wiring shall be maintained in weather-proof condition during erection or alteration by use of permanent or temporary cover.
   (j)   When a sign is removed for any reason, a new sign permit for future installation of the sign shall be obtained, or all mast arms, cable, guys of any nature, clips, brackets and all structures of the old sign shall be removed with the sign.
(Ord. 2022-24. Passed 5-24-22.)

1153.15 MAINTENANCE OF SIGNS.

   (a)   Maintaining Sign Condition. All signs and sign structures shall be kept in good repair and in a proper state of preservation. If a sign is removed and not replaced, the property owner shall also remove any related sign equipment and accessories and the building, structure or ground, shall be restored back to its original condition.
   (b)   Sanitation / Landscaping.
      (1)   Property surrounding any freestanding or ground mounted sign shall be kept clean, sanitary, and free from obnoxious and offensive substances, weeds, debris, rubbish, and flammable material.
      (2)   All plant materials and other landscaping surrounding any sign shall be maintained on a regular basis, including pruning, mowing, watering, fertilizing, and replacement of dead and diseased materials.
   (c)   Inspection of Existing Signs. The Building Commissioner shall have the authority to routinely enter onto property to inspect existing signs for compliance with this chapter and compliance with the Ohio Basic Building Code.
   (d)   Correction of Defects.
      (1)   The sign owner shall be notified by the Building Commissioner of any defects or deferred maintenance requiring corrective action in writing.
      (2)   If any sign reaches a state of disrepair and is deemed unsightly or unsafe or abandoned by the Building Commissioner and is not properly renovated or otherwise brought into compliance with this chapter within thirty days, it shall be condemned and an order issued for its immediate removal by the sign erector, owner of the sign, or owner of the land.
   (e)   Nuisance Declaration. Any sign or other object placed, erected, constructed, reconstructed or altered or permitted to remain on any premises in violation of this chapter is hereby declared to constitute a nuisance, and in addition to any penalty provided in this Code for such violation, the nuisance may be abated in the manner provided under the General Laws of the State of Ohio and the Codified Ordinances of the City of Middleburg Heights.
(Ord. 2022-24. Passed 5-24-22.)

1153.16 NONCONFORMING SIGNS.

   (a)   Effective Date.
      (1)   A permanent sign that is nonconforming as to the applicable sign regulations prevailing on the effective date of this chapter, and that is legally erected in accordance with a valid sign permit, shall be construed as a legal nonconforming sign.
      (2)   A sign conforming as to the applicable sign regulations prevailing on the effective date of such ordinance, but which does not conform with the regulations of a subsequent amendment to this Zoning Code, shall also be construed as a legal nonconforming sign.
   (b)   Maintenance, Repair and Alteration.
      (1)   Repairs. Ordinary repairs and nonstructural alterations may be made to a legal nonconforming sign. No structural alterations shall be made in, to or upon such nonconforming sign, except those required by law to make the sign conform to the requirements of this chapter.
      (2)   Additions and enlargements. A legal nonconforming sign shall not be added to or enlarged in any manner, except to make the sign conform to the requirements of this chapter.
      (3)   Moving. No non-conforming sign shall be moved in whole or in part to any other location unless such sign, and the use thereof, are made to conform to all requirements of this chapter.
      (4)   Restoration of damaged legal nonconforming sign.
         A.   If any legal nonconforming sign or part thereof is damaged, destroyed to more than fifty percent (50%) of its current reproduction value or is taken down, it shall not be rebuilt or relocated unless it is made to comply with the applicable regulations of this chapter and a sign permit application is approved by the Planning Commission.
         B.   In the event that such damage or destruction is less than fifty percent (50%) of its current reproduction value, the sign may be repaired to its original size, location and design. In order to maintain the legal nonconforming use status, all repairs or re-construction shall be started within six months from the date of the partial destruction and fully completed within three months from the start of restoration or reconstruction activity.
      (5)   Sign face replacement. The Building Commissioner may issue a building permit for the replacement of the face of a legal nonconforming sign if such sign face area is not increased and the business, land use, or entity associated with a legal nonconforming sign has not changed since the date of the adoption of this chapter. Otherwise, a nonconforming sign shall not be altered or moved unless it is made to comply with this chapter.
   (c)   Discontinuance of Use or Abandonment of a Legal Nonconforming Sign.
      (1)   A legal nonconforming sign, the use of which is discontinued or abandoned for a continuous period of 180 days, or more, shall thereafter conform to this chapter.
      (2)   When a non-conforming use status applies to a sign or sign structure, the removal or destruction of the sign or structure, shall eliminate the non-conforming status of the sign.
      (3)   Such removal of a nonconforming sign shall take place within thirty days from the written notice from the Building Commissioner regarding such zoning violation.
   (d)   Removal of Signs Accessory to an Abandoned Use.
      (1)   Any sign accessory to an abandoned use shall be removed within fifteen days of written notice by the Building Commissioner, by certified mail, to remove the sign and any supporting structure.
      (2)   Such notice shall be deemed sufficient if mailed to the last known address of the owner of the sign or to the address, as shown on the records of the County Recorder, of the owner of the property where the sign is located.
      (3)   A use shall be determined abandoned if it has ceased operations for at least 180 consecutive days.
      (4)   Seasonal businesses are exempt from this provision.
   (e)   Change of Use of a Legal Nonconforming Sign. Where the business, land use, or entity associated with a legal nonconforming sign, at the time of the adoption of this chapter, thereafter terminates or changes, such termination or change shall require termination of the nonconforming sign, and the use of such sign shall thereafter conform to the requirements of this chapter.
   (f)   Engraved and Similar Signs. Any sign, graphic or numeral display embossed, etched, engraved or otherwise incorporated as an integral part of the original building’s masonry architecture, which was in existence prior to the effective date of this chapter may be continued, provided that such sign, graphic or numeral display is maintained as originally designed and intended.
(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

1153.17 TEMPORARY COMMERCIAL SIGNS.

   (a)   Intent. The intent of this section is to recognize the individual or entity who occasionally desires to display a temporary commercial message in conjunction with a permitted land use, and to provide the time, place, and manner limitations allowing certain sign types for these purposes. It is further intended to recognize the negative affect temporary signs can have on the attractiveness of a community, including the deterioration of the natural environment, the clutter temporary signs contribute to the landscape, the distractions and obstructions this sign type may cause to motorists, and the hazards that the aforementioned concerns may cause. Thus, this section is intended to establish regulations that allow portable and temporary signs without their becoming a nuisance to the community. Portable and temporary signs shall be permitted as an accessory use to a lawfully established principal, conditional or nonconforming use conducted on the premise, subject to the limitations included in this Code. All portable and/or temporary signs shall comply with this chapter.
   (b)   General Standards.
      (1)   All electrical work and equipment involved with a portable or temporary sign shall conform to the National Electric Code (NEC).
      (2)   No sign portable or temporary by intent or design shall be used as a permanent sign.
      (3)   It shall be the applicant’s or owner’s responsibility to maintain a portable or temporary signs in good condition. Signs or banners that are torn, damaged, faded, or otherwise in a state of disrepair must be immediately replaced or removed.
      (4)   It shall be the applicant’s or owner’s responsibility to remove all portable and temporary signs when the time limit for the sign has expired.
   (c)   Location and Number of Signs.
      (1)   Portable and temporary signs shall be permitted on the building face or in the yard adjacent to any building elevation facing a street, parking lot, drive through lane, or service drive.
      (2)   Portable and temporary signs shall be permitted only on the same lot or parcel as the business or activity for which it is displaying information.
      (3)   No temporary sign shall be placed in the right-of-way or attached to utility poles, or traffic control signs or devices.
      (4)   Not more than one portable or temporary sign shall be permitted for each street frontage.
   (d)   Attached Temporary Signs. Attached temporary signs or banners are temporary/ portable signs that are attached to a permanent building or structure and shall comply with the following provisions.
      (1)   The sign or banners shall be mounted flat against the façade of the building or structure so that no part of the sign or banner projects more than four inches from the façade. The banner or sign must be secured, at a minimum at all four corners
      (2)   Attached sign or banner size is limited to ten percent (10%) of the area of the façade of the building or structure on which it is mounted, with a maximum of fifty square feet.
      (3)   The mounting location of the banner shall not obstruct any ingress, egress, fire exits or ventilation openings.
      (4)   Attached temporary signs or banners shall not be mounted on the roof, eaves, gutter, or overhang.
   (e)   Detached temporary signs. Detached temporary signs or banners are temporary / portable signs that are supported by poles, uprights, or braces extending from the ground or from an object on the ground, or any sign located on the ground, providing that no part of the sign is attached to any part of a building.
      (1)   The maximum height for a detached(freestanding) portable or temporary sign shall be six feet.
      (2)   The area of portable or temporary signs shall not exceed fifty square feet in area per face.
   (f)   Human Signs.
      (1)   Human signs as defined in this chapter are considered a temporary sign and are subject to all applicable sign standards and sign permit requirements.
      (2)   Human signs are limited to a total of five days within a 12-month period per property, location or business.
      (3)   Human signs are not permitted, in any manner, within the public right-of-way.
   (g)   Temporary “Pop-Up” Retail Business Signs. Commercial establishments operating for a limited time duration or open for a seasonal nature shall be allowed temporary signage consistent with this chapter for a period not to exceed sixty days in any 120 day period; not to exceed three total temporary sign permits in any calendar year.
   (h)   Temporary Sign Permit Requirements.
      (1)   All permitted temporary commercial signs shall obtain a sign permit as provided for in this chapter.
      (2)   A maximum of three separate temporary sign permits shall be provided per business, entity or individual use in any single calendar year upon the submission of a completed sign permit application and sign permit fee payment.
      (3)   Each temporary sign permit shall expire upon fourteen days from the date of permit issuance.
      (4)   After expiration of a temporary sign permit, forty-five days must lapse before the applicant may apply for another temporary sign permit.    Portable sandwich board signs located in the GB and PMU zoning districts shall be exempt from this time limitation.
(Ord. 2022-24. Passed 5-24-22.)

1153.18 REMOVAL AND DISPOSAL OF SIGNS.

   (a)   Abandoned Signs.
      (1)   Except as otherwise provided in this chapter, any on-premises sign which is located on property which use becomes vacant and unoccupied for a continuous period of ninety days or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to be abandoned.
      (2)   Permanent signs applicable to a business temporarily vacant because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a continuous period of ninety days. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises.
   (b)   Dangerous or Defective Signs. No persons shall maintain or permit to be maintained on any premises owned or controlled by them any sign which is in dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the premises.
   (c)   Removal of Signs by the Property Owner. When a property owner, or anyone acting on behalf of a property owner, voluntarily removes any sign or supporting structure, the
building or ground upon which the sign had been mounted or installed shall be restored to its original condition.
   (d)   Removal of Signs in Violation of the Zoning Code by the City.
      (1)   The Building Commissioner may cause to be removed any permanent, temporary or portable sign in violation of this chapter or any sign for which no sign permit has been issued. The Building Commissioner shall prepare a notice which shall describe the sign and specify the violation(s) involved and which shall state that if the sign is not removed or if each violation is not corrected within thirty days, the sign shall be removed in accordance with the provisions of this section.
      (2)   All notices mailed by the Building Commissioner shall be sent by certified mail and regular. The notice shall be mailed to the owner of the property on which the sign is located as indicated by the most recent Cuyahoga County Auditor’s Office property owner information database. The notice shall also be mailed to or delivered to the occupant of the property and the sign permit applicant. Any conformance time periods provided in this section shall be deemed to commence on the date of mailing of the certified mail. In the event the sign is not connected to a specific parcel, the Building Commissioner shall send notice to the individual or entity for which the sign message relates to.
      (3)   Any person having an interest in the sign or the property may appeal the determination of the Building Commissioner ordering compliance, removal, or compliance by filing a written notice of appeal with the Board of Zoning Appeals, within ten days after receipt date of the notice as determined by the returned certified mail confirmation. In the event the property owner or occupant fail to accept the certified mail announcement, constructive receipt shall be deemed to have occurred after fifteen days from the certified notice mailing date.
      (4)   The Building Commissioner shall be, and hereby is expressly authorized to remove, without notice, any and all signs placed in or upon any treelawn or other right-of-way area.
      (5)   Notwithstanding the above, in cases of emergency and to ensure public safety, the Building Commissioner may cause the immediate removal of a dangerous or defective sign without notice.
      (6)   Signs, flags, banners, posters, pennants, ribbons, streamers, spinners or other similar moving devices, that are installed or erected, shall be removed immediately upon the notice methods provided in this division.
   (e)   Disposal of Signs by the City.
      (1)   Any sign removed pursuant to the provisions of this section shall become the property of the City and may be disposed of in any manner deemed appropriate by the City.
      (2)   The cost of removal of the sign by the City shall be considered a debt owed to the City by the owner of the sign and the owner of the property, and may be recovered in an appropriate court action by the City or by levying an assessment against the property as hereinafter provided. Each such assessment shall be a lien against each lot or tract of land assessed, until paid, and shall have priority over all other liens except general taxes and prior special assessments.
      (3)   The cost of removal shall include any and all incidental expenses incurred by the City in connection with the sign’s removal.
      (4)   Signs removed by the City under this Section shall be temporarily stored for a five-day holding period. These signs may be retrieved from the City for a period not to exceed five business days after removal by the Building Commissioner or any other City personnel. After the five business day sign holding period, the signs may be disposed of or destroyed.
(Ord. 2022-24. Passed 5-24-22.)

1153.19 PENALTY.

   (a)   Any individual or entity violating any of the provisions of this chapter, for which no penalty is otherwise provided, is guilty of a misdemeanor and shall be fined not more than two hundred dollars ($200.00) for each offense.
   (b)   Each day that a sign is erected or maintained in violation of this chapter shall constitute a separate offense.
(Ord. 2022-24. Passed 5-24-22.)

1153.20 SIGN DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   (a)   “Abandoned Sign.” A sign associated with an abandoned use, a sign that remains after the termination of the business, or a sign on its immediate premises that is not adequately maintained and not repaired within the specified time.
   (b)   “Advertising Sign.” A sign which directs attention to goods, services, or entertainment, sold or offered on the premises. This includes free-standing, wall mounted or projection signs.
   (c)   “Animated Sign.” Any sign that uses movement or change of artificial and natural lighting or noise to depict action or create a special effect or scene. See “Dynamic Sign.”
   (d)   “Area of Sign.” The surface of a sign to be included when computing maximum allowable square footage. The area includes molding and framing but excludes supporting members. Planters or other decorative supporting structures shall not be included in the computation of signage unless they exceed twenty-four inches in height or eight feet in length in which case the entire structure shall be included in the computation of sign area. For wall mounted signs which consist of individually mounted letters, numbers or other symbols on a fascia or wall, the “area of sign” shall be the area of a rectangle circumscribed around the letters, numbers or other symbols.
   (e)   “ATM (Automated Teller Machine).” A machine used by bank and financial service patrons for conducting transactions including deposits, fund transfers, and withdrawals without contact with financial institution personnel. The machines may be located at or within a bank, or in other locations and may be accessed in a pedestrian walk up or vehicle drive up manner.
   (f)   “Awning Sign.” A sign that is mounted on or painted on or attached to an awning, canopy or marquee.
   (g)   “Backlit Sign.” A sign whose light source is located behind fully opaque letters and/or graphics.
   (h)   “Banner.” A non-rigid cloth, plastic, vinyl, paper, or canvas sign typically related to a special event or promotion, that is cultural, educational, charitable, recreational or commercial in its function, under the sponsorship of a for-profit establishment or business, or a public, private nonprofit, or religious organization.
   (i)   “Bench Sign.” Any sign painted on, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public roadway.
   (j)   “Billboard.” An off-premise sign directing attention to a specific business, product, service, entertainment or other activity sold, offered, or conducted off-site.
   (k)   “Bulletin Board.” A sign featuring changeable copy.
   (l)   “Canopy Sign.” A sign affixed to a permanent structure of rigid construction with a covering. A canopy may be structurally independent from a building, or partially supported by a building by one or more posts or columns.
   (m)   “Changeable Copy Sign.” A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged by mechanical, electronic or manual means without altering the face or surface of the sign.
   (n)   “Channel Letters.” The outline of a letter, border, or similar object with a vertical side wall to confine the lighting on the face either to restrict vision at an angle or to prevent light spillage over adjacent areas.
   (o)   “Commercial Sign.” A sign which directs attention to a business, profession, service, product or activity sold or offered upon the premises where such sign is located.
   (p)   “Curb Lawn.” See “Tree Lawn.”
   (q)   “Directional Sign.” A temporary or permanent sign that provides information regarding location, instructions for use, vehicle flow or functional/directional data for a permitted use located on the same lot.
   (r)   “Directory Sign.” A sign advertising more than one business or listing more than one associate, partner, employee or agent of any business.
   (s)   “Display Surface.” The area intended for display of advertising.
   (t)   “Double Faced Sign.” A sign having two display surfaces.
   (u)   “Dynamic Sign.” A sign that appears to have movement or that appears to change, caused by any method other than physically removing and replacing the sign or its components. This includes any display that incorporates a method or technology that allows the image on the sign face to change without physically or mechanically replacing the sign face or its components. This also includes signs containing parts that rotate, revolve, move, flash, blink, utilize light-emitting diode (LED) or liquid crystal display (LCD) lights, or any other technology that allows the sign to display a series of images.
   (v)   “Electronic Scoreboard.” An electronically-controlled changeable copy sign used to display scoring information for sporting events. Such signs are located on a sports field.
   (w)   “Established Grade Line.” The average finished grade for that area of the site where the sign is to be located, provided however that the height of the sign shall not be artificially increased by the use of mounding. All references to sign height are from the established grade line unless otherwise noted.
   (x)   “Exempted Signs. “ Signs not subject to the regulations set forth in this chapter.
   (y)   “Extension.” A wall or other structure which is connected to and extended from a building.
   (z)   “Flag.” Any fabric or bunting containing the officially recognized and adopted colors, patterns, or symbols used as the official symbol of a government, political, or corporate entity.
   (aa)   “Flashing Sign.” Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever.
   (bb)   “For Sale/For Lease Sign. “ A sign indicating the sale, rental, or lease of a structure or property.
   (cc)   “Free Standing Sign.” A sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. “Freestanding Signs” include those signs otherwise known as “pedestal signs,” “pole signs,” “pylon signs.”
   (dd)   “Gas Inflatable Sign/Device.” Any device which is capable of being expanded by any gas and used on a permanent or temporary basis to attract attention to a product or event. This definition includes both hot and cold-air balloons tethered or otherwise anchored to the ground.
   (ee)   “Governmental Sign.” A sign erected and maintained pursuant to and in discharge of any government functions or required by law, ordinance, or other governmental regulations.
   (ff)   “Grandfather Clause.” See “Nonconforming Sign.”
   (gg)   “Ground Mounted Sign.” Any sign which is physically attached to a foundation consisting of the entire length of the sign. These are also commonly known as monument or tombstone signs.
   (hh)   “Height.” For the purposes of measuring the height of a sign, the following definition of “height” shall apply. The height of a sign shall be determined by measuring the vertical distance between the highest point of the sign to the ground elevation at the base of the sign. If mounding was used at the sign base, the ground elevation shall be determined as the average ground elevation of the developed site at the sign base prior to mounting.
   (ii)   “High-Rise/Highway Oriented Sign.” An on-premises ground sign located on the parcel as an accessory use to the principal use of the property, and displayed mainly with the objective of attracting interstate highway travelers.
   (jj)   “Human Sign.” A sign that is worn (including costumes) or held by a human for temporary commercial advertising or other promotional purposes.
   (kk)   “Illuminated Sign.” Any sign lit by or exposed to artificial lighting either by light on or in the sign or directed toward the sign.
   (ll)   “Information Sign.” A sign displaying necessary information for the convenience and safety of residents and visitors, and containing no advertising.
   (mm)   “Interior Sign.” Signs located within a structure not intended to be seen from the exterior. Signs affixed to a window or the walls enclosing the display area behind a window, which are obviously intended for viewing from the exterior, shall be considered exterior signs.
   (nn)   “Joint Identification Sign.” A sign that identifies the name, utilizing text, graphics, or other symbols, of a shopping center, office park, industrial park, or other building complex containing two or more uses allowed in addition to the permitted signs of the individual occupants.
   (oo)   “Logo.” See “Primary Images” and “Secondary Images.”
   (pp)   “Marquee Sign.” Any sign attached to or hung from a marquee. For the purpose of this Zoning Code, a “Marquee” is a covered structure projecting from and supported by the building with independent roof and drainage provisions and which is erected over a doorway or doorways as protection against weather.
   (qq)   “Menu Board Sign.” A commercial sign located near or adjacent to a drive-thru lane serving drive-through or drive-up customers.
   (rr)   “Monument Sign.” A ground mounted sign attached to a wall or a base with a permanent foundation constructed specifically for the display of the sign. Also see “Ground Mounted Sign.”
   (ss)   “Nameplate Sign.” A sign designating only the name and address or the name and professional occupation and address of a person or persons residing in or occupying such building or premises.
   (tt)   “Nonconforming Sign.” A pre-existing legal sign which does not conform to the standards set forth in this Zoning Code.
   (uu)   “Off-Premises Sign.” Signs advertising products, accommodations, services or activities not offered or conducted on the lot on which the sign is located. Yard signs are not considered off-premises signs.
   (vv)   “On-Premises Sign.” Any sign related to a business or profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located.
   (ww)   “Open House.” A temporary public showing of a structure available for sale, rental, or lease.
   (xx)   “Pennant.” A flag or banner longer in the fly than in the hoist, usually tapering to a point.
   (yy)   “Planter Sign.” A ground sign attached to a wall or a base constructed specifically for the display of the sign with the base designed with the capability of holding live plant material.
   (zz)   “Permanent Sign.” Any permitted or legal nonconforming sign intended to remain in place until a change of occupancy occurs. A permanent sign must be securely attached or installed upon a building, structure, or the ground. Any sign intended to be displayed for more than forty-five days shall be considered a “permanent sign.”
   (aaa)   “Pole Sign.” Any sign supported upon the ground by a pole, poles or braces and not attached to any building or structure.
   (bbb)   “Portable Sign.” Any sign that is designed to be or capable of being moved or transported, and not permanently affixed or attached to any building, structure, or grounds.
   (ccc)   “Primary Image.” The name of the use or business identified on a sign. The primary image must be displayed in text.
   (ddd)   “Projected Image.” An image projected onto a building, structure, or sign.
   (eee)   “Projecting Signs.” A sign that is wholly or partly dependent upon a building for support or suspended from a pole attached to a building. Such signs must be perpendicular to the building face upon which they are attached.
   (fff)   “Raceway.” An elongated metal enclosure used to mount individual channel lettering and to conceal related transformers and wiring.
   (ggg)   “Real Estate Sign.” Any sign advertising the sale, lease, rental or development of real property.
   (hhh)   “Refacing.” Any alteration to the face of a sign involving the replacement of materials or parts. “Refacing” does not refer to replacing the entire sign structure or the removal of the sign.
   (iii)   “Roof Line.” The uppermost line or point of the facade or parapet of a flat roof structure, or the lower edge of an eve, gable or rake of a sloped roof structure.
   (jjj)   “Roof Sign.” Any sign erected on or above the roof line of a building.
   (kkk)   “Sandwich Board Sign. “ A sign with two hinged boards which can be placed on the ground.
   (lll)   “Secondary Image.” Any and all text, graphics, or images displayed on a sign in addition to the name of the use or business, including but not limited to pictorial representations, tag lines, products and phone numbers.
   (mmm)   “Sign.” A sign is defined as any display that evokes or conveys a message including but not limited to any name, number, symbol, identification, description, display, illustration, object, graphic, sign structure, or part thereof, whether permanent or temporary, which is affixed to, painted on, represented directly or indirectly upon, or projected onto a building, structure, lot, or other device, whether mobile or affixed to the ground, and which directs attention to any object, product, place, activity, person, institution, organization, or business. A “Sign” may consist of wording, logos or images. This definition includes all signs visible from any public right-of-way or adjacent property, including interior signs oriented towards the exterior facade of any building or structure as well as back-lighted translucent panels or strip lighting affixed to any wall or roof where any such panels or lighting serves to identify and attract attention rather than illuminate space for human activity.
   (nnn)   “Sign Face.” The surface intended for the display of information on the sign.
   (ooo)   “Sign Setback.” The distance from the property line and/or right-of-way line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line and/or right-of- way line.
   (ppp)   “Sign Structure.” The supporting unit of a sign face, including but not limited to frames, braces and poles.
   (qqq)   “Single Face Sign.” A sign having one display surface.
   (rrr)   “Streamer.” A ribbon-shaped or cord-like rope which may have pennants and/or banners attached and which is stretched or hung between two or more supports.
   (sss)   “Temporary Commercial Sign.” A banner, pennant, poster display or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure or piece of land and which directs attention to any commercial activity product or business and may be constructed of cloth, canvas, plastic sheet, cardboard or other life materials and which is intended to be displayed for a limited period of time.
   (ttt)   “Temporary Construction Sign.” A banner, pennant, poster display or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure or piece of land in place during the period of active construction for a development or project.
   (uuu)   “Temporary Sign.” A banner, pennant, poster display or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, place, person, institution, or organization, and may be constructed of cloth, canvas, plastic sheet, cardboard or other life materials and which is intended to be displayed for a limited period of time.
   (vvv)   “Tree Lawn.” That portion of a public right-of- way lying between the back face of the curb and the leading edge of the sidewalk and/or the back edge of the right-of-way, if no sidewalk is installed.
   (www)   “Wall Sign.” Any sign attached to, painted on or erected against the inside or outside wall of a building or structure, consisting of individual letters with the exposed display surface of the sign in a plane parallel to the plane of the building or structure.
   (xxx) “Warning Sign.” Any sign indicating danger or a situation which is potentially dangerous.
   (yyy)   “Window Sign.” Any signs, posters, symbols and other types of identification or information about the use or premises directly attached to the window of a building or erected on the inside of the building and visible from any public right-of-way or adjacent property. Any sign painted on the inside or outside of a window shall not be considered a “wall sign” and shall be prohibited.
   (zzz)   “Yard Sign.” Any sign display intending to display an expression or a political, religious or personal message, generally temporary in nature.
(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

1153.21 INCIDENTAL SIGNS.

   (a)   Incidental Sign. A sign that is located outside of the right-of-way which is generally instructional or informational. The types of permitted incidental signs in this category may include traffic control and other directional signs, address signs, hours of operation signs, open/close signs, parking or loading control signs, method of payment accepted, signs indicating the location of telephones or emergency equipment and similar instructional or informational signs.
   (b)   Incidental Signs in Non-Residential Zoning Districts. Incidental signs shall not be included in the sum of the allowable area of other permitted sign categories, provided that they are clearly intended for incidental purposes as defined in this chapter, and in compliance with the following:
      (1)   The sign is in a location on the site or on a structure that is consistent with incidental sign locations and the sign features design characteristics that constitute or serve the purposes of an instructional or identification sign.
      (2)   The sign face area, height and total number of signs permitted shall be approved by the Planning Commission on a case-by-case basis with an overall goal of limiting the number, size and height of incidental signage to the minimum amount necessary.
      (3)   The Building Commissioner shall determine if a sign qualifies as an “incidental” sign using the definition set forth in this chapter.
(Ord. 2023-6. Passed 6-27-23; Ord. 2024-88. Passed 2-25-25.)