It is the intent of this chapter to establish reasonable regulations governing the size, character and location of signs within the City of New Carlisle, in the interest of the safety and general welfare of its citizens, business concerns, and other affected sectors of the community. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign distractions and sight obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, to provide more open space, and to curtail the deterioration of the natural environment and to enhance community development.

(Ord. 06-29. Passed 5-1-06.)

   (a)   The regulations herein set forth shall apply to and govern signs in all districts. No sign shall be erected or maintained unless it is in compliance with the regulations governing location and physical characteristics for the district in which it is located, unless such sign is otherwise specifically regulated by Conditional Use provisions or provisions relating to variances.

   (b)   Any sign already established on the effective date of this chapter which is rendered nonconforming by the provisions herein, and any sign which, as a result of subsequent amendments hereto, is rendered nonconforming, shall be subject to the regulations of Section 1290.16.

(Ord. 06-29. Passed 5-1-06.)

   (a)   A sign permit pursuant to the provisions of Sections 1290.22 through 1290.25 shall be required for each sign unless specifically exempted by this chapter.

   (b)   A sign for which a permit has been issued shall not be modified, relocated, altered, or replaced, nor shall design elements of any building or lot upon which such sign is maintained be modified, relocated, altered or replaced, if any such design element constituted a basis for approval of such sign; unless an amended or new permit is obtained consistent with these regulations.

(Ord. 06-29. Passed 5-1-06.)

   The following types of signs and sign related activities shall not require permits. No sign, however, shall be located within ten feet of a public right-of-way except for governmental information and jurisdictional signs, and signs within the Central Business (CB) District as per the respective sign provisions for the CB District, nor shall any sign create a safety or visibility hazard in any district.

   (a)   A sign advertising the sale, lease and/or rental of the premises upon which the sign is located.

      (1)   This type of sign shall not exceed 64 square feet in area (with no single face exceeding 32 square feet), except in any Residential (R) District where the area of the sign shall not exceed 12 square feet in area (with no single face exceeding six square feet). There shall be only one such sign on any premises. The sign shall be removed within 14 days after the sale, lease, and/or rental of the premises.

      (2)   Also allowed are not more than two off-premises signs providing directions to the property that is for sale, rent, and/or lease. Such off-premises signs shall not exceed 12 square feet in area, with no single face exceeding six square feet, and shall be placed no earlier than 72 hours prior to the day of an “open house” for the showing of that property and shall be removed no later then the day of the open house.

   (b)   (1)   One on-premises sign advertising a garage sale, yard sale, auction, or similar sale. Such sign shall not exceed 12 square feet in area, with no single face exceeding six square feet.

      (2)   The sign shall not be displayed earlier than the day before the sale and shall be removed no later than the last day of the sale. The signs shall not be erected for longer than five consecutive days.

   (c)   A sign denoting the name and/or address of the occupants of the premises. One such sign will be allowed for each tenant of multi-tenant buildings. Such signs shall not exceed two square feet in area and shall be attached flat to the building face.

   (d)   An identification sign, not exceeding 12 square feet, designating the name of a building, if the building name is different from that of any occupant of the building, and/or address, provided that the letters and/or numbers are:

      (1)   Carved into the building material or are securely attached so as to be an architectural detail;

      (2)   Less than 19 inches high;

      (3)   Not illuminated so as to stand out or to be highlighted;

      (4)   Not made of a reflective material.

      (1)   Shall be permitted to provide direction to on-site facilities and/or to direct traffic flow on the property;

      (2)   Shall be limited to four square feet of sign area per face;

      (3)   Free-standing signs shall not exceed 30 inches in height;

      (4)   May be internally illuminated only;

      (5)   Shall not obstruct traffic visibility;

      (6)   Shall be set back a minimum of five feet from all property lines.

   (f)   Flags and insignia of any government.

   (g)   Integral decorative and/or architectural features of a structure, except letters, logos and/or moving lights.

   (h)   An identification sign at any entrance to a subdivision when approved as a part of the original development plan.

   (j)   One temporary window sign is allowed for each business in all districts. The sign may not occupy more than 25% of the area of the window in or on which it is displayed, except that the total area of any such sign shall not exceed 100 square feet.

   (k)   A commemorative plaque, historical sign, cornerstone, or similar sign. Such a sign shall not exceed nine square feet and shall not be illuminated.

   (l)   A sign clearly in the nature of a decoration (with no commercial message) normally associated with a local, national, or religious holiday.

   (m)   Signs located inside a structure, if not legible from the road.

   (n)   A sign expressing a non-libelous opinion, if the sign does not exceed six square feet. No person shall have more than two such signs erected at any given moment. No opinion shall be on such a sign for more than 30 days in a calendar year.

   (o)   (1)   A sign which displays the identification of a building under construction, announcing the character of the building or its purpose, including the name of the architects, engineers, landscape architects, contractors, developers, financiers and others. Such a sign shall be allowed only during the period beginning with actual construction and ending with the completion of the building. The owner shall maintain such signs in good repair and appearance at all times.

      (2)   the area of such a sign shall not exceed a total of 16 square feet (eight square feet per side) in Residential (R) Districts or a total of 32 square feet (16 square feet per side) in other districts. No prices for purchase, lease, or rental may be stated on such a sign.

   (p)   (1)   A political sign, including any issue to be voted upon by the electorate, shall not be illuminated and are subject to the following provisions:

         A.   It shall not exceed eight square feet per face in residentially zoned areas, and shall not exceed 32 square feet per face in all other areas.

         B.   It shall not be posted in any place or in any manner that would be destructive to public property upon posting or removal.

         C.   It shall be erected not more than 90 days prior to the election, and shall be removed by the appropriate campaign committee within 15 days following general elections.

         D.   It shall not be located within a thoroughfare right-of-way and shall not interfere with the visibility of vehicular traffic entering or exiting a thoroughfare.

      (2)   The City may remove a political sign in violation of the above provisions and may bill the political candidate or party for the cost of such removal.

   (q)   The changeable copy portion of a sign not exceeding 30% of the sign area to which it is attached. Any advertising/identification areas legible from the roadway shall be counted against the permitted total square footage.

   (r)   Routine repair or maintenance of a sign, exclusive of structural change.

   (s)   Replacement of sign parts, damaged or destroyed by vandalism or acts of God, with identical parts, subject to the provisions of Section 1290.27.

   (t)   Any change in copy where the size of the copy and size of the sign are not changed. This exception does not pertain to a change in business name.

   (u)   Any sign required to be erected by any governmental regulation.

   (v)   Any sign or banner erected by the City in conjunction with an event of community-wide interest.

   (w)   The repainting, preventative maintenance of signs, and a change in the message on a changeable copy sign, shall not be deemed alterations requiring a sign permit, with the exception stated in division (u) above.

(Ord. 06-29. Passed 5-1-06.)

   Address numbers are required for all buildings and/or uses. Address numbers shall be established in accordance with the Clark County House Numbering Grid system. It shall be demonstrated that the site will be identified to emergency vehicles and passing motorists by displaying address numbers on either the building or on a permitted sign when application for a zoning permit is made. Address numbers shall be a minimum of three inches high, a maximum of 19 inches high, and shall be legible and visible to passing motor vehicles.

(Ord. 06-29. Passed 5-1-06.)

   An individual establishment shall be permitted a maximum of two structural types of permanent identification signs unless otherwise permitted or prohibited in this chapter.

(Ord. 06-29. Passed 5-1-06.)

   (a)   All signs permitted by this chapter shall be located only along the front of the structure or property visible from the fronting roadway or from the adjacent parking lot.

   (b)   In the case where an individual occupant has no building frontage, the maximum horizontal width of the portion of the building where that occupant's main entrance is located shall be considered that occupant's separate and distinct building frontage. In the case where the ground floor of a building is occupied by two or more different tenants, the portion of the building frontage occupied by each tenant shall be considered a separate and distinct building frontage.

(Ord. 06-29. Passed 5-1-06.)

   The following signs are prohibited:

   (a)   Any sign located in any manner or place so as to constitute a hazard to traffic.

   (b)   Any moving sign or device to attract attention, all or any part of which moves or appears to move by any means, including fluttering, rotating or otherwise moving devices, or set in motion by movement of the atmosphere or changing light intensity, including but not limited to, pennants, flags, propellers, discs, etc., except as may be permitted under Section 1290.04 and 1290.15(i).

   (c)   Any flashing sign or device displaying, flashing or intermittent lights or lights of changing degrees of intensity, except a sign indicating time or temperature, with changes alternating on not less than a five-second cycle.

   (d)   Any illuminated tubing or strings of lights outlining property lines or open sales area, rooflines, doors, windows, or wall edges of any building; whenever such lighting causes a glare upon adjacent properties.

   (e)   Any sign that obstructs or substantially interferes with any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building.

   (f)   Roof signs.

   (g)   Bare bulb illuminations.

   (h)   Flame as a source of light.

   (i)   Any sign attached or otherwise applied to trees, utility poles, bus shelters, benches, trash receptacles, newspaper vending machines, or other unapproved supporting structure, or otherwise placed in the public right-of-way, with the exception of those permitted under Sections 1290.04 and 1290.15(i).

   (j)   Projecting signs (except in the CB District).

   (k)   Abandoned signs.

   (l)   Co-op signs.

   (m)   The following designated portable signs are prohibited:

      (1)   Any sign painted on or displayed on vehicles or trailers parked in public places and used primarily for the purpose of advertising.

      (2)   Any sign which is not permanently attached to a building or like structure, or which is not permanently mounted in the ground, which can be transported to other locations, and which indicates the name of a business or indicates the product, services or entertainment offered by a business or indicates the cost or price thereof, including any sign composed in whole or in part of movable or temporary letters or numerals, except as may be permitted under Sections 1290.04 and 1290.15(i).

   (n)   Any sign which is a copy or imitation of an official sign, or which purports to have official status.

   (o)   All temporary signs and banners, except as specifically permitted under Sections 1290.04 and 1290.15(i).

   (p)   A sign in dangerous or defective condition shall not be permitted on any premises. Any such sign constitutes a nuisance and shall be removed or repaired under Section 1290.27.

(Ord. 06-29. Passed 5-1-06.)

   In addition to the previous provisions applicable to signage in general, the following provisions apply specifically to respective types of signage permitted in Residential (R) Zoning Districts:

      (1)   Changeable copy signs for institutional and recreational conditional uses may be integrated into ground-mounted identification signs for all such sites as regulated by Section 1290.15(c). Changeable copy signs are prohibited on wall-mounted identification signs.

      (2)   Changeable copy signs shall be prohibited for all other residential uses.

         A.   For sites with a principal structure and which are less than one acre, only one identification sign shall be permitted. Such sign shall be wall- mounted.

         B.   For sites with a principal structure and which are one acre or more, only two identification signs shall be permitted. Only one such sign may be ground-mounted. Otherwise one or both shall be wall-mounted.

         C.   For sites with no principal structure and which are less than five acres, only one identification sign shall be permitted. Such sign shall be ground-mounted.

         D.   For sites with no principal structure and which are five acres or more, only two identification signs shall be permitted. Such signs shall be ground-mounted.

         E.   Religious symbols which are mounted on a structure shall not be considered a sign.

         A.   For sites which are less than one acre, an identification sign shall not exceed 24 square feet in total sign area. An individual sign face shall not exceed 12 square feet per side.

         B.   For sites which are one acre or more, an identification sign shall not exceed 32 square feet, and the total of the two permitted identification signs shall not exceed 64 square feet. Such signs shall not exceed five feet in height if ground-mounted.

         C.   For all sites, an identification sign may include a changeable copy bulletin board which shall be counted as part of the permitted sign area. The measurement of height and area of such signs shall not include any portion of a cross, emblem, or other religious symbol that is adjunct to or which otherwise extends above the permitted identification sign.

         A.   The illumination of all ground-mounted signs shall be automatically turned off at 10:00 p.m. each evening.

         B.   The illumination of all wall-mounted internally illuminated signs shall be automatically turned off at 10:00 p.m. each evening.

      (1)   Each residential development may have only one ground-mounted sign at each street entrance to the development.

      (2)   Each sign shall have a total message area no greater than 12 square feet per face, shall be no more than five feet in height, shall be set back at least ten feet from any right-of-way line, and shall be set back at least 25 feet from any other residentially zoned property.

      (3)   Such signs shall include only the name of the subdivision or residential development. In cases where the Zoning Administrator determines that there is a need, such signs may also include the address and directional information.

      (1)   All temporary and special event signs in a Residential (R) District shall comply with the applicable regulations of Sections 1290.04 and 1290.15(i).

      (2)   Temporary signs and special event signs in a Residential (R) District shall not be illuminated.

(Ord. 06-29. Passed 5-1-06; Ord. 10-47. Passed 12-6-10.)

   In addition to the provisions for signage in Residential (R) Districts, the following provisions apply specifically to respective types of signs permitted in OA Zoning Districts, and if in conflict, supersede conflicting provisions in Residential (R) Zoning Districts. Sign requirements for OA Districts are as follows:

      (1)   One ground sign shall be permitted for each commercially developed parcel.

      (2)   The total sign area of such a ground sign shall not exceed 24 square feet. An individual sign face shall not exceed 12 square feet.

      (3)   No such ground sign shall exceed six feet in height from the established grade to the top of sign structure.

      (4)   Such a ground sign must be constructed of natural materials and shall be compatible with the style and colors used in the principal building to which it pertains.

      (5)   Such a ground sign must be located at least 50 feet from any adjacent Residential (R) District.

      (6)   Also, see additional provisions under Section 1290.15(g).

      (1)   One wall sign for each established business use, which shall not exceed 12 square feet in sign area, is permitted on the front wall of the structure.

      (2)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of the signs on one building frontage; however, one wall sign for each respective wall fronting on a public right-of-way may be erected subject to division (b)(1) above.

      (3)   Also, see additional provisions under Section 1290.15(h).

(Ord. 06-29. Passed 5-1-06; Ord. 10-47. Passed 12-6-10.)

   Sign requirements for General Business (GB) Districts are as follows:

      (1)   One ground or free-standing sign is permitted for each principal structure.

      (2)   One free-standing sign is permitted for each zoning lot. Such signs shall be permitted up to 30 square feet in area per side, for lots 150 feet or less in frontage width, which may be increased at a ratio of one square foot for each two and one-half feet of lot frontage in excess of the initial 150 feet, up to a lot 300 feet wide. A principal structure having in excess of 300 feet of frontage may have one additional sign based upon the same ratio of one square foot of signage for each five feet over the initial 300 feet of frontage. The maximum size for any one sign is 50 square feet per face.

      (3)   When multiple-use zoning lots are involved, for each use on the zoning lot in addition to the initial use, 15 square feet of signage is permitted. The total area of free-standing signs shall not exceed 50% over the sign size originally permitted for the lot.

      (4)   For a non-corner lot with frontages on more than one street, each frontage may be treated as a separate frontage for the purpose of establishing permitted free-standing sign area and number.

      (5)   For a corner lot, the percentage of free-standing sign area permitted may be increased by 50% to a maximum of 75 square feet in area per face, provided that such a sign is oriented equally to both street frontages.

      (6)   Signs may not exceed 15 feet in height.

      (7)   Signs must be at least ten feet from any property lines.

      (8)   See Section 1290.15(g) for additional regulatory provisions.

      (1)   One permanent wall sign is permitted for each established business use subject to provisions under division (b)(4) of this section.

      (2)   The combined area for wall signs shall not exceed 5% of the total area of the wall to which the sign or signs are attached. The combined total of wall signs shall not exceed 100 square feet per street frontage.

      (3)   If no free-standing sign is used, the percentage of total wall area for wall signs may be increased by 25%.

      (4)   Premises fronting on more than one public right-of-way shall not combine the permissible sign area for two or more building frontages for the purpose of placing the combined area of signs on one building frontage; however, one wall sign for each respective wall fronting upon a public right-of-way may be erected subject to the area limitations contained in division (b)(2) of this section.

      (5)   See Section 1290.15(h) for additional regulatory provisions.

(Ord. 06-29. Passed 5-1-06; Ord. 10-47. Passed 12-6-10.)

   In consideration of the special characteristics of the City's Central Business (CB) District, i.e. lack of building setback, pedestrian orientation, historic character, etc., signage within the CB District is subject to all pertinent provisions for signage within the General Business (GB) District, with the exception of the following provisions:

      (1)   Permanent ground signs shall be permitted only upon sites which have sufficient setback to comply with the required ten-foot setback from the right-of-way without blocking or impeding pedestrian accessibility.

      (2)   Only establishments which have an on-site off-street parking facility shall be permitted to have permanent ground signs.

      (1)   Projecting signs shall not exceed 24 square feet per face.

      (2)   Projection shall not exceed four feet beyond the building to which the sign is attached.

      (3)   Such signs shall be set back a minimum of five feet from the pavement of the adjacent thoroughfare.

      (4)   Projecting signs shall be positioned a minimum of eight feet and a maximum of 14 feet above the sidewalk.

      (5)   Such signs shall be positioned so as not to block the view of adjacent projecting signs.

      (6)   Such signs shall be proportional and in scale with the subject building, as well as compatible with the design, color, and material of the building they represent, as well as adjacent structures.

      (7)   If illuminated, such projecting signs shall be illuminated from an external source only.

(Ord. 06-29. Passed 5-1-06.)

   Sign requirements within Industrial (I-1) Districts are as follows:

      (1)   One ground sign shall be permitted for each principal structure.

      (2)   Such ground signs shall not exceed 30 square feet in area per face for lots up to 150 feet or less in width, which may be increased at a ratio of one square foot for each five feet of lot frontage in excess of the initial 150 feet, up to a lot with 300 feet of frontage. A zoning lot having 300 feet or more of frontage may have an additional sign, based upon the above ratio of one square foot for every five feet of lot frontage in excess of the initial 300 feet. The maximum size of any sign shall be 50 square feet per face.

      (3)   The total sign area of a ground sign shall not exceed 50 square feet per sign face or 90 square feet in total sign area.

      (4)   Ground or pole-mounted signs shall not exceed a height of 15 feet at the minimum sign setback of ten feet.

      (5)   Lots with frontage on more than one street may treat each frontage as a separate frontage for the purpose of establishing permitted free-standing sign area and number.

      (6)   See Section 1290.15(g) for additional regulatory provisions.

      (1)   For each use on a zoning lot, one or more wall signs are permitted, the combined area of which shall not exceed 5% of the total area of the wall to which the sign or signs are attached. The combined total of wall signs shall not exceed 100 square feet per street frontage.

      (2)   If no free-standing sign is used, the percentage of total wall area for wall signs may be increased 25% per street frontage. Lots with dual frontage may not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of signs on one building frontage.

      (3)   See Section 1290.15(h) for additional regulatory provisions.

(Ord. 06-29. Passed 5-1-06; Ord. 10-47. Passed 12-6-10.)

   Sign requirements for Agricultural (A) Districts are as follows:

      (1)   One ground sign shall be permitted for each developed parcel.

      (2)   Developed parcels located on corner lots are permitted only one ground sign.

      (3)   The total sign area of a ground sign shall not exceed 24 square feet per sign face or 48 square feet in total sign area.

      (4)   No ground sign shall exceed four feet in height from established grade to top of sign structure.

      (5)   Where a developed parcel has street frontage in excess of 250 feet, additional ground signs may be permitted, provided that the distance between ground signs is not less than 150 feet, and that the signs are not located closer than 25 feet to any adjoining property line.

      (6)   See Section 1290.15(g) for additional regulatory provisions.

      (1)   For each nonresidential use on a zoning lot, one or more wall signs are permitted, the combined area of which does not exceed 15% of the total area of the wall to which the sign or signs are attached. The combined total of wall signs shall not exceed 100 square feet per street frontage.

      (2)   If no free-standing sign is used, the percentage of total wall area for wall signs may be increased 33% per street frontage. Lots with dual frontage may not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of signs on one building frontage.

      (3)   See Section 1290.15(h) for additional regulatory provisions.

(Ord. 06-29. Passed 5-1-06.)

   The following provisions pertain to specific types of signs and shall be observed in addition to pertinent regulations contained within each zoning district:

      (1)   Awning or canopy signs may be displayed in addition to, a wall sign for an individual establishment.

      (2)   If illuminated, such canopy sign shall have the lighting source concealed from view.

      (3)   An awning or canopy sign shall not project higher than the top of the framework to which the sign is affixed.

      (4)   An awning or canopy sign shall not project wider than the framework to which it is affixed.

      (1)   Permanent ground signs located in B, CB, and I Districts, as well as permitted conditional uses in A and R Districts, may incorporate up to 30% of total sign area for changeable copy.

      (2)   Manually changeable copy may be used in lieu of, but not in addition to, electronically changed copy.

      (3)   All changeable copy signs must be enclosed and locked securely in a clear glass or plastic casing, or be of such height as to discourage unauthorized tampering.

      (1)   Shall not exceed 100 square feet of sign area per face, with a maximum of two sign faces permitted per sign.

      (2)   Where a developed parcel has street frontage in excess of 300 feet, an additional major development sign may be permitted, but may not exceed 75 square feet of sign area per face.

      (3)   Shall not exceed 20 feet in height.

      (4)   Shall be set back a minimum of 20 feet from the right-of-way.

      (5)   Shall be an on-premises sign only.

      (6)   Shall not be located nearer than 100 feet to an adjoining development or unrelated premises or property line on same side of street.

      (7)   Shall have landscaping conforming with requirement for ground signs.

      (1)   Neon signs shall be permitted in the GB District.

      (2)   Neon signs may be displayed in lieu of, but not in addition to, a wall sign for any individual establishment.

      (1)   The Zoning Administrator may permit slight variation from the minimum street frontage spacing requirements for ground signs applicable in individual zoning districts if conflict with driveways, natural barriers, trees, and utility equipment is unavoidable.

      (2)   Permanent ground signs shall be prohibited on parcels with street frontage less than 50 feet in width at the right-of-way lines unless otherwise expressly permitted in this sign code.

      (1)   One wall sign per building frontage shall be permitted for each established business use.

      (2)   A wall sign may be displayed in addition to, an awning sign or neon sign for an individual establishment.

      (3)   Premises fronting on more than one public right-of-way shall not combine permissible sign area for two or more building frontages for the purpose of placing the combined area of the signs on one building frontage. However, one wall sign for each respective wall fronting upon a public right-of-way may be erected subject to the area limitations of the respective zoning district.

      (4)   Total sign area for a wall sign shall not exceed 5% of the size of the wall in which it is mounted.

      (5)   A wall sign shall not project more than 18 inches from the wall of the building upon which it is mounted.

      (6)   A wall sign shall be inclined from the vertical position only to the extent necessary for conformity to the general contour of the wall to which the sign is mounted.

      (7)   A wall sign shall not extend above the top of the wall and shall not exceed beyond the limits of any wall to which it is attached.

      (8)   A wall sign shall not mask or interrupt a major architectural feature such as, but not limited to, doors, windows or trim.

      (9)   A wall sign shall have hidden structural supports and shall be mounted in such a way as to not allow movement by atmospheric conditions.

      (1)   Signs, banners, flags, pennants, "A frame", and similar devices may be temporarily erected to advertise the following:

         A.   The initial opening of a new business, new occupancy, new proprietor or management.

         B.   Events of community-wide interest when sponsored by an organization qualified as a charitable entity under Section 501(c)(3) of the Internal Revenue Code.

         C.   Other special events as determined by the Zoning Inspector to be of a significant functional nature in the interest of the general community, as per the above examples, as opposed to sale events or general advertising.

      (2)   Such signs shall be governed by the following requirements:

         A.   Permits shall be limited to four events per calendar year, not to exceed 30 days per event.

         B.   Free-standing signs shall not exceed 24 square feet per face. Signs shall not exceed six feet in height.

         C.   Signs attached to a building shall be limited to an area not to exceed 5% of the area to which it is attached.

         D.   Signs erected in residentially zoned areas shall not be illuminated.

         E.   All such signs shall be constructed of such material and attached in such a manner as to reasonably withstand wind and water damage. In this respect, paper or cardboard are not acceptable materials for such signs.

(Ord. 06-29. Passed 5-1-06; Ord. 10-47. Passed 12-6-10.)

      (1)   A legal nonconforming sign is any sign which exists at the time of adoption of this sign code that was legally erected prior to enactment of this sign code, but fails to conform to the provisions specified herein.

      (2)   An illegal nonconforming sign is any sign which exists at the time of adoption of this sign code that was not legally erected or altered prior to enactment of this sign code and fails to conform to the provisions specified herein.

      (1)   The sign structure is relocated; or

      (2)   The sign structure is replaced; or

      (3)   The sign is structurally altered or enlarged; or

      (4)   The sign is damaged to an extent greater than 50% of the estimated replacement cost.

      (1)   All legal nonconforming signs shall be kept in good repair and be maintained in a safe condition.

      (2)   Nothing in this section shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of these regulations regarding safety, maintenance and repair of signs, provided however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure in any way.

(Ord. 06-29. Passed 5-1-06; Ord. 11-59. Passed 11-7-11.)

   (a)   All free-standing signs shall be located no closer than ten feet from the existing or proposed right-of-way adjacent thoroughfares as designated by the Zoning Inspector and shall meet the side and rear yard requirements for the district in which they are located, unless otherwise specified in this chapter.

   (b)   No sign shall be erected so as to prevent free ingress to or egress from any door or window or any other exit way required by the Ohio Building Code and amendments thereto, or by Fire Department regulations.

   (c)   No sign shall be attached to a standpipe, gutter, drain, or fire escape, nor shall any sign be erected so as to impair access to a roof.

   (d)   No sign shall be located on a vacant lot, except for the purpose of:

      (1)   Advertising the lot for sale, lease, or pending development;

      (2)   The notification of present danger;

      (3)   Prohibition of trespassing, hunting and similar notifications; or

      (4)   Political advertising.

   (e)   Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electric Code, depending on voltages concerned. However, in any case, a sign shall be installed so as to maintain proper clearance from any conductor or public utility guide wire.

(Ord. 06-29. Passed 5-1-06.)

      (1)   All sign supports shall be an integral part of the sign design.

      (2)   There shall be a pole cap on all free-standing signs, unless the pole is an integral part of the sign design.

      (3)   No temporary signs shall be attached to a ground or pole-mounted sign.

      (1)   Light sources shall not be of such brightness as to constitute a hazard to pedestrians or motorists and shall be shielded so as not to cast an illumination of more than two foot-candles on contiguous properties.

      (2)   Flashing illumination or illumination that involves movement or causes the illusion of movement resulting from the arrangement of lighting, is prohibited. This provision shall not be interpreted to preclude signs providing such public information as time, temperature, stock market indexes, etc.

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

      (1)   The minimum landscaped area shall be equal to twice the area of the sign face.

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

      (3)   Where the required landscaped area adjoins a paved surface accessible to vehicular traffic, a raised curb suitable to prevent the encroachment of vehicles shall be required. The minimum horizontal distance between the face of any required curb and any part of the sign shall be 30 inches.

      (4)   The landscaped area shall include live plantings aesthetically located and maintained. The use of concrete, asphalt, or any other paved surface inside the required landscaped area beneath the sign is prohibited.

(Ord. 06-29. Passed 5-1-06.)

   All signs shall be mounted in one of the following manners:

   (a)   Flat against a building or wall; or

   (b)   Back to back in pairs, so that the backs of signs will be screened from public view; or

   (c)   In clusters in an arrangement which will screen the backs of the signs from public view; or

   (d)   Otherwise mounted so that the backs of all signs or sign structures showing to public view shall be painted and maintained a neutral color or a color that blends with the surrounding environment.

(Ord. 06-29. Passed 5-1-06.)

   (a)   The construction, installation, erection, anchorage, and maintenance of all signs shall be subject to the regulations of the Municipal Building Code. All electrical wiring associated with free-standing signs shall be installed underground. All signs shall comply with the provisions of the National Electrical Code as enforced by the City.

   (b)   Signs which become obsolete due to cessation of the business, activity, product or service advertised thereon, or for any other reason, shall be completely removed from the premises within 180 days after such obsolescence is established by the Zoning Inspector, unless said sign is converted to another lawful and contemporary use within that 180-day period. The supporting structure for obsolete signs must be completely removed within a period of one year after obsolescence is established by the Zoning Inspector thereon.

(Ord. 06-29. Passed 5-1-06.)

   The area of a sign shall be measured as follows:

   (a)   If a sign face is enclosed by a frame or an outline, the area around and enclosing the sign face (with or without the remainder of the sign structure) reasonably resembles a trademark, service mark, logo, and/or similar graphics normally associated with that business, the surface area of the structural supports and/or architectural embellishments that resemble such a graphic shall be included in the calculation of the sign area.

   (b)   If a sign face is not enclosed by a frame or an outline, the sum of the areas around and enclosing each graphic along the sign face (as determined by calculating the area of the smallest single parallelogram, triangle, circle, or trapezoid which would completely enclose the area in question) shall be the area of the sign.

   (c)   If the sign is composed of more than one sign face, the area enclosing the sum of the sign faces shall be the area of the sign.

   (d)   Where matter is displayed in a random or unconnected manner, without organized relationship of components, each component shall be considered to be a single sign.

   (e)   The area of individual elements of a sign placed against a non-localized background (such as letters placed against an awning, canopy, wall, or window) shall be measured by calculating the area of the smallest single rectangle which would completely enclose all elements of the sign.

   (f)   In computing allowable area for signs on corner lots, either frontage may be used in determining the total permitted sign area.

(Ord. 06-29. Passed 5-1-06.)

   Before any sign is erected, placed, reconstructed and/or moved, an application must be made to the Zoning Inspector. Every application for permit approval shall be accompanied by a plan drawn to scale that depicts:

   (a)   The lot location, right-of-way, and lot dimensions.

   (b)   The building frontage and setback distance.

   (c)   A drawing to scale showing the design of the sign, including dimensions, sign size, method of attachment, source of illumination, and showing the relationship to any building or structure to which it relates. If the sign will be attached to an existing building, a current photograph of that building face shall be submitted. The dimensions of the wall to which the sign is to be attached shall also be specified.

   (d)   A fully dimensioned plot plan, approximately to scale, indicating the location of the sign relative to property lines, rights-of-way, streets, sidewalks, and other buildings or structures on the premises.

   (e)   The maximum and minimum height of the sign.

   (f)   The traffic speed limit and width of adjacent public rights-of-way.

   (g)   The copy for the sign, including lettering, symbols, graphics, and anything else that will appear on the sign.

   (h)   The number, location, and size of any other signs on the premises.

   (i)   Name, address, and telephone numbers of the sign owner.

   (j)   Any other information (such as deed restrictions) requested by the Zoning Inspector to determine conformity with this sign code.

(Ord. 06-29. Passed 5-1-06.)

   Permit fees shall be established by ordinance duly enacted by the City Council and shall be based upon the total area of all sign faces. If a sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. Payment of the doubled fee does not relieve any person of any requirements or penalties specified in this sign code.

(Ord. 06-29. Passed 5-1-06.)

   (a)   The Zoning Inspector shall issue a permit for the erection, alteration, and/or relocation of a sign within one month of receipt of a complete application, provided that the sign and premises comply with all applicable laws and regulations of the City.

   (b)   When a permit is denied by the Zoning Inspector, written notice shall be given to the applicant including a brief statement of the reason for denial.

   (c)   The Zoning Inspector may suspend or revoke an approved permit upon learning of a false statement or misrepresentation of facts in the application or upon determining that the sign is not in compliance with this chapter.

(Ord. 06-29. Passed 5-1-06.)

   (a)   A permit issued by the Zoning Inspector shall become null and void if work is not complete within six months after the date of issuance.

   (b)   If the sign work is suspended, interrupted, or abandoned for 60 days, the permit becomes suspended, but may be renewed before the end of the original six-month completion period by making an additional payment of one-half of the original fee. Work authorized by a renewed permit must be completed within a three-month period.

(Ord. 06-29. Passed 5-1-06.)

   (a)   All signs, including those not requiring permit, shall at all times be maintained in a safe and sound structural condition and in a presentable condition (no areas of peeling paint or rust, missing letters, holes, damaged parts, faded areas, etc.). Should any sign be, or become, unpresentable, unsafe, or in danger of falling, the owner of the sign or person maintaining the sign shall proceed to put the sign in a safe, secure and/or presentable condition, or remove the sign.

   (b)   The Zoning Inspector shall cause the removal of any sign or structure determined to be unsafe and/or structurally unsound if the owner fails to affect necessary repairs within ten days of receipt of written notification from the Zoning Administrator.

   (c)   In cases of emergency, the Zoning Inspector may order the immediate removal of a dangerous or defective sign without notice.

   (d)   All signs pertinent to a business which has ceased operation for at least 180 consecutive days shall be removed before or upon reaching the 180-day period. Seasonal businesses shall be exempt from this requirement.

   (e)   All illegal signs shall be removed after notification procedures pursuant to Section 1290.28 have been executed. Any sign removed upon order of the Zoning Inspector shall be at the expense of the owner (through a lien on the premises) upon which the sign is located if necessary.

(Ord. 06-29. Passed 5-1-06.)

   (a)   Any person installing, structurally altering, and/or relocating a sign for which a permit has been issued shall be responsible for scheduling of necessary inspections (including an inspection of footings on a free-standing sign, electrical inspections, etc.) during the course of the work.

   (b)   Upon presentation of proper credentials, the Zoning Inspector is empowered to enter any building, structure, and/or premises in the City for the purpose of inspecting a sign plus its structural and electrical connections to ensure compliance with all applicable codes and ordinances. The inspection shall be conducted during the normal business hours of the premises inspected, unless an emergency exists.

(Ord. 06-29. Passed 5-1-06.)

   (a)   If any sign is erected or maintained in violation of any of the provisions of this sign code, the Zoning Inspector shall provide the owner with written notice of such violation, said notice to include a brief statement of the particulars in which this sign code is violated and the manner in which such violation is to be remedied. If a sign has been registered with the Zoning Inspector, notice to the registered owner or the person or firm receiving the permit shall be sufficient. If a sign has not been registered and the owner is not known, affixing of a copy of the notice to the sign, sign structure, or building for a period of ten days shall constitute notification of the violation.

   (b)   Penalties for violation shall be as provided within Section 1244.99.

(Ord. 06-29. Passed 5-1-06.)

      (1)   “Abandoned sign.” A sign and/or sign structure which no longer correctly pertains to an activity or product available on the premises where such sign is displayed.

      (2)   “Architectural detail.” An integral part or element of a building.

      (3)   “Co-op sign.” A sign which advertises a brand of product or products, in addition to the identification of the premises.

      (4)   “Incidental signs.” Signs which are subordinate in size to the principal identification signs on the premises, such as price signs, merchandise identification signs, etc.

      (1)   “Advertising.” A sign which directs attention to a business, product, activity, or service which is not conducted, sold, or offered upon the premises where such sign is located.

      (2)   “Animated.” Any sign which, by method or manner of illumination, flashes on and off, winks, or blinks varying light intensity, shows motion, or creates the illusion of motion, or revolves in a manner to create the illusion of moving.

      (3)   “Area.” The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The necessary supports or uprights on which such sign is placed, not being advertising matter, shall not be included in the computation of surface area.

      (4)   “Awning”, “canopy” or “marquee.” A sign that is mounted on or painted on or attached to an awning, canopy, or marquee.

      (5)   “Banner.” A sign made of fabric, plastic, paper, or other non-rigid material with no enclosing framework. Such signs are classified as temporary signs and regulated as such.

      (6)   “Bulletin board.” A structure containing a surface upon which is displayed the name of a religious institution, school or library, auditorium, stadium, athletic field, or area of similar use for the announcement of services or activities to be held therein.

      (7)   “Business.” A sign which directs attention to a business, profession, service, product, or activity sold or offered upon the premises where such sign is located.

      (8)   “Changeable copy sign.” A sign, or portion thereof, which is designed to periodically accommodate message or price changes. “Changeable copy signs” include the following:

         A.   Electronically controlled signs.

         B.   Manually controlled signs for business purposes.

         C.   Manually controlled bulletin board signs which are located on the property of a public, institutional, religious, or charitable organization which are used to identify the name of the institution or organization and to announce its activities.

      (9)   “Construction.” A sign advertising the development or improvement or a property by a builder, contractor, or other person furnishing services, material, or labor to said premises, which sign is intended for a limited period of display and erected on the same lot as the work being done.

      (10)   “Directional.” A sign directing vehicular or pedestrian movement onto or within a premise with no identification or advertising on the sign.

      (11)   “Domestic advertising.” A sign advertising the sale of household goods previously used by an individual or his or her family, when such sign is located at the place of residence of the individual or family.

      (12)   “Electronic message board.” Any sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. Such signs shall not fall under the category of animated signs.

      (13)   “Flashing.” Any illuminated sign on which the artificial light or any part thereof has conspicuous or intermittent variation in intensity or color.

      (14)   “Free-standing.” A sign which is supported by one or more uprights, poles, or braces, in or upon the ground.

      (15)   “Governmental.” A sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, resolution, or other governmental regulation.

      (16)   “Ground.” A free-standing sign supported by one or more uprights or pylons located in or upon the ground, or something requiring location on the ground, including "billboards" or "poster panels".

      (17)   “Height.” The vertical distance from the uppermost point used in measuring the area of the sign to the crown of the road on which the property fronts.

      (18)   “Holiday decoration.” Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local, or religious holiday.

      (19)   “Identification.” A sign which is limited to the name, address, and number of a building, institution or persons, and to the activity carried on in the building or institution, or the occupancy of the person.

      (20)   “Illumination.” Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.

         A.   Indirect illumination - A light source not seen directly.

         B.   Internal illumination - A light source concealed or contained within the sign, and which becomes visible in darkness through a translucent surface.

      (21)   “Interior” or “exterior.” “Interior” signs are located within a structure and are 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.

      (22)   “Memorial.” A sign, tablet or plaque memorializing a person, event, structure, or site.

      (23)   “Monument.” A sign whose base is mounted directly on the ground, using no other form of support and six feet or less in height, unless otherwise specified. Such signs shall be a monolithic structure with no open separation between the message area and the ground, whose structure complements the architectural theme or character of the building on the premises to which the sign relates in terms of design and building materials.

      (24)   “Name plate.” 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 space in such building or premises.

      (25)   “On-premises.” 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.

      (26)   “On-site informational.” A sign commonly associated with, and not limited to, information and directions necessary or convenient for visitors coming on the property, including signs marking entrances and exits, parking areas, circulation directions, restrooms, and pick-up and delivery areas.

      (27)   “Painted bulletin.” An advertising structure on which advertising design is painted or painted and posted, and which may incorporate the use of cutouts and/or other embellishments.

      (28)   “Pole.” A sign that is mounted on a free-standing pole or other support so that the bottom edge of the sign is six feet or more above grade.

      (29)   “Political.” A sign which promotes, identifies, announces, opposes, or otherwise offers for public consideration any political candidate or issue, partisan or non-partisan.

      (30)   “Portable.” A sign that is attached to wheels, skids, or other forms of mounting which is not permanently affixed in or to the ground.

         A.   “Folding portable sign.” Any sign supported by an “A-frame” or “T- frame” base which is designed to be easily movable and is intended for advertising prices and/or incidental goods or services.

         B.   “Trailer sign.” Any sign which is attached to, supported by, or part of a structure which is designed to be moved on trailer wheels, skids, or other similar device or transported, pushed, or pulled by a motor vehicle.

      (31)   “Poster panel.” An advertising structure measuring not more than 12 feet by 25 feet overall, on which posters are displayed.

      (32)   “Projecting.” A sign affixed to any building or part thereof, or structure, extending beyond the building wall or parts thereof, or structure, by more than 12 inches. A “projecting sign” shall not include a ground sign as herein defined.

      (33)   “Promotion.” A temporary sign, the function of which is to announce a special event.

      (34)   “Real estate.” A sign advertising for sale, lease, or rent the parcel or real estate on which the sign is located. Also, temporary directional signs less than four square feet in message area displayed during the hours in which an "open house" showing of real property for sale, lease, or rent is actually being conducted shall be considered “real estate signs”, even though they may not be located on the parcel of real estate being advertised. "Sold" signs shall be considered commercial advertising signs.

      (35)   “Roof-mounted.” Any sign which is erected over the roof or parapet above the roofline and/or receives any or all its support from the roof structure.

      (36)   “Special event.” Signs, banners, flags, pennants, “A-frame” structures, portable wheeled ground signs, and similar advertising devices temporarily erected to provide notice of the following:

         A.   The initial opening of a new business, new occupancy, new proprietor or management.

         B.   Events of community-wide interest when sponsored by organizations qualified as a charitable entity under Section 501(c)(3) of the Internal Revenue Code.

         C.   Other special events as determined by the Zoning Administrator to be of a significant nature in the interest of the general community, as per above examples, as opposed to sale events or general advertising.

      (37)   “Structure.” The supports, uprights, bracing, or framework for signs.

      (38)   “Subdivision.” A sign advertising the sale or development of subdivision lots, parcels, or tracts and erected upon the property being subdivided and advertised for sale.

      (39)   “Temporary.” 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, product, place, person, institution, organization, or business and is constructed of cloth, plastic sheet, cardboard, or other like materials and which is intended to be displayed for a period of time no longer than 30 days.

      (40)   “Wall.” Any sign painted on, attached to, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall and extending not more than 15 inches from the face of the wall.

      (41)   “Warning.” Any sign indicating danger or a situation which is potentially dangerous.

      (42)   “Window, permanent.” Any sign visible from the exterior of a building or structure which is painted, attached, glued or otherwise affixed to a window, or depicted upon a card, paper, or other material and placed on, taped on, or hung immediately behind the window, or displayed from a window for the specific purpose of identifying the proprietor or name of business to passersby.

      (43)   “Window, temporary.” Any sign visible from the exterior of a building or structure which is painted on a window, depicted upon a card, paper, or other material or placed on, taped on, or hung immediately behind the window, or displayed from a window for the specific purpose of attracting attention of passersby to a sale, or to promotional items, or other products, or services.

(Ord. 06-29. Passed 5-1-06.)