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New Bremen City Zoning Code

SIGNS

§ 152.75 GENERAL REGULATIONS.

   (A)   Signs erected and maintained pursuant to and required by law, any governmental regulation shall be excluded from the regulations of the zoning code.
   (B)   No sign of any type 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.
   (C)   All signs hung and erected shall be plainly marked with the name of the person, firm or corporation responsible for maintaining the sign.
   (D)   Should any sign be or become unsafe or be in danger of falling, the owner thereof or the person maintaining the same, shall upon receipt of written notice from the Zoning Administrator proceed at once to put such sign in a safe and secure condition or remove the sign.
   (E)   No sign shall be placed in the public right-of-way except publicly-owned signs, such as traffic control and directional signs. Signs directing and guiding traffic and parking on private property but bearing no advertising matter shall be permitted on any property. Such directional signs shall be no higher that three feet from the ground and no larger that six square feet per face and be limited to two per entrance and two per exit.
   (F)   Regulation of signs along primary highways shall conform to the requirements of R.C. Chapter 5516 and the regulations adopted pursuant thereto.
   (G)   Measurement of sign area. The surface of a sign shall be computed including the entire area within a regular, geometric form or combinations or regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Exposed frames and structural members, excluding support poles, shall be included in computation of surface area.
   (H)   Sign illumination.
      (1)   Any illuminated sign or lighting device shall employ only light emitting constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams and illumination to be directed or beamed so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
      (2)   Any sign using an external source of illumination or fixture that is not an integral part of the sign shall be installed to ensure that the illumination is directed upon the sign surface only. The light source shall be shielded so that it is not visible from the adjacent property line. Indirect light shall not exceed 1/2 foot-candle at a distance of 25 feet beyond the property line. These fixtures shall only be ground-mounted and screened with landscaping material such as shrubs and bushes.
   (I)   Nonconforming signs.
      (1)   The continuance of an existing sign that does not meet the regulations and requirements of this chapter shall be deemed a nonconforming sign, which shall terminate by abandonment. A sign shall be considered abandoned when:
         (a)   The sign is associated with an abandoned use.
         (b)   The sign remains after business has been closed to the public for at least 90 days. Seasonal businesses are exempt from this determination.
         (c)   The sign is not maintained and together with all supports, braces, guys and anchors is in a state of disrepair.
      (2)   Based upon these definitions, abandonment shall be determined by the Zoning Administrator. Upon finding that the signage is abandoned, the right to maintain and use such sign shall terminate immediately.
(Ord. 2005-4-11, passed 5-10-05) Penalty, see § 152.99

§ 152.76 PERMITTED SIGNS FOR WHICH NO PERMIT IS REQUIRED.

   The following signs shall be permitted in the village subject to the following regulations. No zoning permit shall be required for any sign constructed or erected under the terms of this section.
   (A)   Signs advertising the sale, rental or lease of the premises upon which the sign is located shall not exceed 12 square feet in area, except in all residential zoning districts, where the area of the sign shall not exceed six square feet in area, and on corner lots such signs shall not be located in the required sight triangle.
   (B)   Professional nameplates not to exceed four square feet in total area.
   (C)    Signs denoting the name and address of the occupants of the premises, not to exceed two square feet in area, and which do not include designations as to employment or home occupations.
   (D)    Political signs or posters concerning candidates or issues for election shall be posted no more that 60 days before an election and shall be removed within seven days following election day. Such signs shall not exceed six square feet in area, shall not be illuminated, shall not create a safety or visibility hazard, and shall not be located within a public right-of-way or upon public property.
   (E)    Signs in the nature of cornerstones, commemorative tables, and historical signs are to be limited in size to nine square feet and shall not be illuminated.
   (F)   Signs designating home occupations are not to exceed two square feet and shall be mounted on the principal structure.
(Ord. 2005-4-11, passed 5-10-05) Penalty, see § 152.99

§ 152.77 PERMITTED SIGN FOR WHICH A PERMIT IS REQUIRED.

   All signs not already specifically excluded shall require a permit. Signs are classified into two uses: on-premises and off-premises. There are eight structural types: wall, projected, ground, roof, window, awning, canopy and reader boards.
   (A)   Wall signs.
      (1)   Wall signs are permitted in all commercial and industrial zoning districts. Wall signs may be erected on a building wall that faces a public street and such sign may not extend into any required setback line or above or below the wall surface. Wall signs shall be limited to one per each street for which the structure fronts for single-occupant structures and one per occupant/per street face for any multiple-tenant structure. Letter or numerals, except numerals used to identify the address of the structure, mounted on a building shall be considered as wall signs. Wall signs shall be attached parallel to the building face and extend outward perpendicular from the building face a maximum of one foot. Wall signs shall not exceed a maximum area of 36 square feet.
      (2)   An additional one square foot of wall sign area will be permitted for each additional foot that the structure is located beyond the required setback. However, in no case shall the wall sign be permitted to be larger than 64 square feet.
   (B)   Projecting signs. Projecting signs are permitted only in the Central Commercial Districts (C-1). One projecting sign is permitted per building per street frontage. Projecting signs shall project not more that four feet outward from the wall of the structure, shall not exceed 20 square feet and shall be perpendicular to the wall to which they are attached. All projecting signs shall be located not less than nine feet above the sidewalk or ground level. Such signs shall be of a sturdy construction and shall be erected in such a manner as to protect persons who pass underneath from possible injury.
   (C)   Ground signs. Ground signs are permitted in all zoning districts provided requirements below are met:
      (1)   Residential districts. Ground signs customarily incidental to places of worship, libraries, museums and schools are permitted in all residential districts. These signs shall not exceed 15 square feet in area and shall be located on the premises of such institution. One ground sign per building per street frontage may be erected. Such signs shall meet the setback requirements of this chapter.
      (2)   Commercial and industrial districts. Ground signs are permitted in commercial and industrial districts. These ground signs shall not exceed:
         (a)   Twelve feet in height in C-1 Districts.
         (b)   Fifteen feet in height in C-2 Districts.
         (c)   Fifteen feet in height in I-1 Districts.
         (d)   Fifteen feet in height in I-2 Districts.
      (3)   The maximum sign area permitted shall be in accordance with the following standards:
         (a)   In C-1 Districts, ground signs shall not exceed 32 square feet per face.
         (b)   In C-2 Districts, ground signs shall not exceed 48 square feet per face.
         (c)   In I-1 Districts, ground signs shall not exceed 64 square feet per face.
         (d)   In I-2 Districts, ground signs shall not exceed 64 square feet per face.
      (4)   One ground sign per building per street frontage may be erected. Such signs shall be located on the premises of the establishment they serve. All ground signs of this type shall meet the setback requirements of the chapter.
      (5)   Off-premises ground signs are permitted in the commercial and industrial districts. A single location in these districts may have up to two off-premises ground signs. Each sign face intended for viewing from the street shall be considered a sign. No single off-premises ground sign shall exceed 64 square feet in area and shall not exceed the height regulations for the zoning district in which it is located. Off-premises ground signs shall meet the setback requirements for structures of the appropriate district in which they are located.
   (D)   Roof signs. Roof signs are prohibited in all zoning districts.
   (E)   Window signs. Window signs are permitted in all commercial and industrial districts. No window sign shall occupy more than 20% of the window surface. Window signs shall be permitted to ground or first-floor windows.
   (F)   Awning signs. The only signs that will be permitted in any commercial or industrial district are those that attached to an awning that is being used to provide shelter from inclement weather for patrons entering or exiting a building. Such signs shall be permitted as long as the maximum height of the lettering or numbers affixed to the awning is no larger than eight inches in height. Awning signs that are lit from the back will not be permitted. This standard for awning signs may also include awnings placed over windows and containing letters or numbers, provided they do not exceed eight inches in height.
   (G)   Canopy signs. Canopy signs are permitted in commercial and industrial districts as long as they are attached to or are an integral part of the canopy. Canopy signs may be erected on a canopy that faces a public street, and such sign may not extend into any required building setback line or above or below the canopy surface. Letters or numerals mounted on a canopy shall be considered a canopy sign. Signs shall be attached parallel to the canopy face and extend outward perpendicular from the canopy face a maximum of eight inches. Canopy signs shall not exceed a maximum area of 36 square feet. Canopy signs shall not be illuminated.
   (H)   Reader boards. Reader boards are those signs that contain provisions or capabilities that allow or enable the text to be readily changed. Such signs are used to promote weekly sales, new product or services, or features. The use of such signs shall be permitted, provided the reader boards are permanently affixed to the structure or the support system used for any freestanding or pylon sign. The sign area used for the reader board shall be included in the calculated sign area permitted under divisions (A) and (C) of this section. Reader boards shall not be more than 30% of the allotted sign area.
(Ord. 2005-4-11, passed 5-10-05) Penalty, see § 152.99

§ 152.78 TEMPORARY SIGNS.

   (A)   Temporary signs, such as mobile signs, portable signs, and advertising balloons, are restricted to a maximum of 30 days of a 365-day period.
   (B)   Signs identifying, promoting or advertising special sales or special occasions may be erected for a maximum of 30 consecutive calendar days per calendar year. Such signs are permitted in all commercial and industrial districts.
   (C)   Banners and pennants are permitted for 14 consecutive days, three times a year, when associated with festivals or other similar uses. Such banners and pennants are permitted in both commercial districts.
(Ord. 2005-4-11, passed 5-10-05) Penalty, see § 152.99

§ 152.79 PROHIBITED SIGNS.

   (A)    Animated signs that employ flashing lights, blinking lights or other elements that revolve, rotate, whirl, spin, or otherwise make use of motion to attract attention are prohibited.
   (B)    Division (A) of this section does not apply to any sign that has at least 90% of the sign face devoted to performing a public service function of indicating time, temperature or some other similar service.
(Ord. 2005-4-11, passed 5-10-05) Penalty, see § 152.99

§ 152.80 SIGN SETBACK REQUIREMENTS.

   Except as modified below, on-premises signs where permitted shall be set back a minimum distance of ten feet from the existing or ultimate right-of way, whichever is greater. No off-premises sign shall be erected in front of the required setback line for any structure within the appropriate zoning district.
   (A)   An on-premises ground sign may be permitted to be placed closer than the ten-foot setback requirement, provided the following conditions are met:
      (1)   The maximum height of any ground sign moved closer that the required setback shall be no higher than five feet.
      (2)   In no instance shall any ground sign be permitted closer than five feet from the edge of the public right-of-way. Such sign, if moved to a distance of five feet of the edge of the right-of-way, shall not exceed five feet in height from the ground surface. No mounting with any materials may be used to alter the base of the ground surface.
      (3)   The Village Planning Commission shall approve any sign proposed for placement within the required setback as permitted in this section.
      (4)   The village reserves the right to reject the placement of any sign closer to the right-of-way than the required setback if it is determined that the sign, due to its placement, size, style, lighting or shape; or due to limited right-of-way widths, may result in unsafe vehicular movement or traffic conditions. The determination and recommendation shall be made by the Village Zoning Administrator.
   (B)   An off-premises sign may be permitted to exceed the maximum square footage standard of 64 square feet, provided the following conditions are met:
      (1)   An additional one square foot sign area may be added for each additional foot the sign is placed behind the setback as prescribed by the zoning district in which the sign is permitted or proposed to be located.
      (2)   In no instance shall an off-premises sign be permitted to exceed 128 square feet in area per face.
      (3)   On corner parcels the increase based on additional setback placement shall be dependent on the placement being from the right-of-way line of both streets.
   (C)   Setbacks for public and quasi-public signs. Signs for public and quasi-public uses such as schools, places of worship, libraries, public facilities and institutions may be erected ten feet from an established right-of-way, provided such sign is not within the required sight triangle.
(Ord. 2005-4-11, passed 5-10-05) Penalty, see § 152.99

§ 152.99 PENALTY.

   (A)   (1)   In addition to any applicable penalties under state or county law, any person convicted of a criminal offense under this zoning code shall be guilty of a misdemeanor of the third degree. Each violation or noncompliance shall be considered a separate offense as will each day of continued violation or noncompliance. Second or more offenses shall be a misdemeanor of the first degree.
      (2)   The village may take any lawful action to prevent or remedy any violation or noncompliance including, but not limited to, an equitable action for injunctive relief or an action at law for damages.
   (B)   In addition to the criminal penalties found in other sections of this zoning code, it shall be unlawful and a person commits a misdemeanor if he or she operates or causes to be operated a sexually-oriented business and knows or should know that the business does not have a sexually-oriented business permit or has a permit which has expired or which has been suspended or revoked.
(Ord. 2005-6-25, passed 7-12-05)