New Concord City Zoning Code
CHAPTER 1173
Signs and Outdoor Advertising Structures
1173.01 STATEMENT OF PURPOSE.
The purpose of this chapter is to create the legal framework for a comprehensive but balanced system of street signage, and thereby to facilitate an easy and pleasant communication between people and their environment. With this purpose in mind, it is the intention of this chapter to authorize the use of street signage that is:
(a) Compatible with the surroundings;
(b) Appropriate to the type of activity to which it pertains;
(c) Expressive of the identity of individual proprietors and of the community as a whole; and
(d) Legible in the circumstances in which it is seen.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.02 PERMITS AND FEES.
No person shall erect, repair, alter, relocate or maintain within the Village any sign or other advertising structure except those exempted in Section 1173.08 without first obtaining a sign permit from the Zoning Inspector and making payment of the fee required by Section 1173.05, except that repairs or maintenance may be permitted without first obtaining a permit.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.03 APPLICATION FOR PERMIT.
Applications for sign permits shall be made upon forms provided by the Zoning Inspector and shall contain or have attached thereto the following information:
(a) The name, address and telephone number of the applicant and owner of the premises;
(b) The location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected;
(c) The position of the sign or other advertising structure in relation to nearby buildings or structures and a site plan for ground signs;
(d) Scale drawings including: graphics, colors, plans and specifications, the method of construction and attachment to the building or the method of installation in the ground, using a scale of one inch equaling one foot, or another standard architectural scale;
(e) The name of the person erecting the structure;
(f) Written consent of the owner of the building, structure or land to which or on which the structure is to be erected;
(g) The product, use or service to be advertised;
(h) Such other information as the Zoning Inspector shall require to show full compliance with this chapter and all other ordinances of the Village.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.04 REFERRAL OF APPLICATION TO DESIGN REVIEW BOARD AND ISSUANCE OF PERMIT.
It shall be the duty of the Zoning Inspector, upon receiving an application for a sign permit, to examine such plans and specifications and other data, and the premises upon which it is proposed to erect the sign or other advertising structure. If it appears that a certificate of appropriateness is required, the application shall be referred to the Design Review Board. If approved by the Design Review Board, the application shall be returned to the Zoning Inspector who shall then issue the permit. If the work authorized under a sign permit has not been completed within six (6) months after date of issuance, or should the approved plan be altered, the permit shall become null and void.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.05 PERMIT FEES.
Every applicant, before being granted a sign permit, shall pay to the Village a permit fee in an amount consistent with a resolution passed by Village Council.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.06 REVOCABILITY OF PERMITS.
All rights and privileges acquired under the provisions of this chapter or any amendment hereof are mere licenses granted for the duration of the requested use only, and are revocable any time by the Zoning Inspector and all permits shall contain this provision. All permits are conditioned upon the continued use of the premises, or business for the purpose set forth in the application for the permit. (Ord. K-5-94-2. Passed 5-9-94.)
1173.07 AUTHORITY TO REVOKE.
The Zoning Inspector is hereby authorized to revoke any permit issued by him upon failure of the holder thereof to comply with any provisions of this chapter.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.08 PERMIT EXEMPTIONS.
The permit provisions of this chapter shall not apply to the following signs; such signs, however, are still subject to all other regulations provided for in this chapter:
(a) Non-illuminated real estate signs not exceeding six square feet in area that advertise the sale, rental or lease of the premises upon which such signs are located;
(b) Non-illuminated signs not exceeding twenty square feet in area which advertise the sale or development of lot subdivisions containing an area of not less than seven lots, erected upon the property so developed and advertised for sale;
(c) Nameplates not exceeding two square feet in area, containing only the name of the residents, the title of the person practicing a profession, the name of the building or property, the name of the agent and the hours and days of operation;
(d) Bulletin boards not exceeding fifteen square feet in area erected upon the premises of a place of worship, funeral home or public institution for displaying the name of the institution and its activities or services;
(e) Signs denoting the location of and direction to public institutions, i.e., churches, schools, etc., shall be affixed to the appropriate municipal street sign;
(f) Signs denoting the architect, engineer or contractor when placed upon work under construction, and not exceeding twelve square feet in area;
(g) Memorial signs or tablets, name of buildings and dates of erection, provided that such signs do not exceed two square feet in area;
(h) Traffic or other Municipal signs, legal notices, railroad crossing signs, danger and such temporary, emergency or nonadvertising signs as may be approved by Council;
(i) Interior signs that are not in the window showcase;
(j) Temporary signs not to exceed 120 days in one calendar year.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.09 CONSTRUCTION.
All signs, canopies, attachments and accessories shall be attached and constructed in safe, secure manner, free of any hazards and it shall be the responsibility of the owners and/or contractor to construct and maintain all signs as required by the State Building Code.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.10 WALL SIGNS.
Wall signs shall be permitted subject to Section 1173.09 and subject to the following limitations and requirements:
(a) Wall Openings: No wall sign shall cover, wholly or partially, any wall opening.
(b) Projection from Building: No wall sign shall project beyond the ends or top of the building wall to which it is attached, nor be set out more than one foot from the face of the building to which it is attached.
(c) Graphic Display: The graphic display shall not exceed twenty-five percent of the signable wall area, nor shall it exceed 48 inches in height.
(d) Lighting: Lighting shall be permitted on wall signs, provided that illumination is concentrated upon the area of the sign to prevent glare upon the street or adjacent property.
(e) Obstructions to Doors, Windows or Fire Escapes: No wall sign shall be erected, relocated or maintained to prevent free entrance to, or exit from, any door, window or fire escape. (Ord. K-5-94-2. Passed 5-9-94.)
1173.11 PROJECTING SIGNS.
Projecting signs shall be permitted in non-residential districts subject to the following limitations and requirements:
(a) Size Limitations: A projecting sign shall be limited in area to not more than twelve square feet for each face. However, an additional three-inch border or frame may be permitted to provide ornamental design. The maximum horizontal dimension of the sign shall be four and one-half feet.
(b) Projection Over Public Property: Every projecting sign shall be placed so that its lowest point shall be at least eight feet above the public sidewalk over which it is erected, and at a distance not greater than two feet from the face of the wall to which it is attached, measuring from the point of the sign nearest thereto, nor shall any sign or part thereof extend nearer the curb line than one foot.
(c) Obstructions to Doors, Windows or Fire Escapes: No projecting sign shall be erected, relocated or maintained to prevent free entrance to, or exit from, any door, window or fire escape.
(d) Lighting: Lighting shall be permitted on projecting signs, provided that illumination is concentrated upon the area of the sign so as to prevent glare upon the street or adjacent property.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.12 GROUND, FREE STANDING AND EXPRESSWAY SIGNS.
Ground signs shall be permitted subject to Section 1173.09 and subject to the following limitations and requirements:
(a) Location: In B-2 zoning districts, ground and free standing signs shall be a maximum twelve (12) square feet and shall be set back a minimum of twenty-four (24) inches from the inside of the curb to the front edge of any portion of the sign and shall not be located within 6 feet of any tree, driveway, street light or traffic sign in the tree lawn. In all other districts, a ground free standing sign shall not be permitted in any right-of-way or at any location, which in the opinion of the zoning inspector, will block sight distances and cause a hazard for vehicular traffic or pedestrians.
(b) Size Limitation: Outside B-2 District where free standing signs are permitted, no free standing signs shall exceed fifty (50) square feet, nor shall free standing signs exceed twenty (20) feet from ground level to its top most point. The minimum clearance under such signs shall be eight (8) feet when over areas used by pedestrians, and where possible free standing signs shall be centered on the lot.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.13 EXPRESSWAY SIGNS.
One expressway sign per property may be located when within 1,500 feet of the Interstate 70 right-of-way if approved as a conditional use by the Planning Commission under Section 1185.02. The maximum height of expressway signs shall be 40 feet and maximum area shall be 200 square feet. The lighting, materials and orientation of the sign shall be approved as part of the conditional use.
(a) Lighting: Lighting shall be permitted on ground, free standing and expressway signs, provided that illumination is concentrated upon the area of the sign so as to prevent glare upon the street or adjacent property.
(b) Multiple Tenant Signs: Wall signs in compliance with the requirements of "Signage" in Section 1173.10
may be permitted to display signs for multiple tenants in B1 and B3 districts on one property or business provided that the total aggregate area of the signage including any permitted message board shall also comply with Section 1173.09
.
(Ord. K-5-94-2. Passed 5-9-94.)
(Ord. K-5-94-2. Passed 5-9-94.)
1173.14 AWNINGS AND CANOPIES.
(a) Setback from Curb Lines: No awning or canopy shall be permitted to extend beyond a point twelve inches inside the curb line.
(b) Height above Sidewalk; Awnings and Canopies: All awnings and canopies shall be constructed and erected so that the lowest portion thereof is not less than eight feet above the level of the sidewalk.
(c) Construction of Awnings: Awnings shall be constructed of cloth or other fabric. However, all frames and supports shall be of metal. Every awning shall be securely attached to and supported by the building. Posts or columns beyond the building lines shall not be permitted for awnings. Each awning shall be attached according to recognized engineering practices.
(d) Advertising: No advertising shall be placed on any awning or canopy, except that the name of the owner and the business, industry or pursuit conducted within the premises may be painted or otherwise permanently placed in a space not exceeding eight inches in height on the front and side portions thereof. Any advertising space used on an awning or canopy shall be considered as part of the total permitted signage for a building or structure.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.15 SIGNS IN RESIDENTIAL DISTRICTS.
(a) Garage Sale Signs are permitted provided that no such sign is larger than three (3) square feet in area; that only two (2) such signs exist on other than the seller's property; that the location of such signs is given the Zoning Inspector forty-eight (48) hours before their placement; that such signs are kept on display forty-eight (48) hours or less; and that no property so advertise more than twice a year. No permit fee will be required under these conditions.
(b) Nonilluminated announcement or professional signs are permitted, provided that such signs are limited to one (1) per structure, and that such signs are not more than two (2) square feet in area.
(c) A window sign erected within a structure is allowed as long as only twenty-five (25) percent or less of the area of the window is obscured by such sign.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.16 SIGNS PROHIBITED.
(a) Animated Signs: No flashing, moving or animated signs shall be erected or constructed or maintained in the Municipality.
(b) Roof Signs: No roof signs shall be erected or constructed in the Municipality.
(c) Billboards: No billboards or off-premise signs shall be erected or constructed in the Municipality.
(d) Marquee Signs: No marquee signs shall be erected, constructed or maintained within the Municipality.
(e) Real Estate Sold Signs: No real estate signs announcing that the premises upon which such signs are located have already been sold, rented or leased shall be erected or constructed within the Municipality, for no longer than a thirty day period.
(f) Illumination: Interior illumination of signs, and signs whose characters, letters, figures, designs or outline are illuminated by electric lights or luminous tubes as part of the sign shall not be permitted.
(g) Mobile Signs: No mobile signs on wheels, runners, casters, parked trailers, parked vehicles or other mobile devices shall be permitted within the village (except those on commercial delivery and service vehicles).
(h) Temporary Signs: No temporary signs shall be permitted on any premises unless specifically permitted herein.
(i) Materials: No plastic signs shall be constructed or erected in the Village.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.17 MAXIMUM NUMBER AND SIZE OF SIGNS PERMITTED WITHIN EACH ZONING DISTRICT.
A maximum of two of the four types of signs, wall, and ground, projecting and free standing, may be permitted subject to the following limitations:
Zoning District | Types of Signs Permitted | Maximum Sign Area (All Signs) |
S-1 | Wall, Ground | 1/2 square feet of sign per lineal feet of road frontage up to a maximum of 50 square feet. |
O-1 | Wall, Ground, Free Standing | 1 square feet of sign area per lineal feet of road frontage up to a maximum of 100 square feet |
B-1 | Wall, Ground, Free Standing, Projecting | 2 square feet of sign area per lineal feet of road frontage up to a maximum of 100 square feet. |
B-2 | Wall, Ground, Free Standing, Projecting | 2 square feet of sign area per lineal feet of road frontage up to a maximum of 100 square feet. |
B-3 | Wall, Ground, Free Standing, Expressway(1) | 4 square feet of sign area per lineal feet of road frontage up to a maximum of 300 square feet. |
I-1 | Wall, Ground, Free Standing | 3 square feet of sign area per lineal feet of road frontage up to a maximum of 300 square feet. |
(1) If approved as a conditional use. Expressway signs when permitted as a conditional use shall not be counted toward the maximum area or number of signs.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.18 GENERAL PROVISIONS.
(a) Signs Not to Constitute a Traffic Hazard: No sign or other advertising structure as regulated by any of the provisions of this chapter shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with, an authorized traffic sign, signal or device; which makes use of the words "STOP", "LOOK", "DRIVE-IN", or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.
(b) Advertising Matter: Only the type of business, services offered, and the name of the owner, proprietor or the manager of the place of business erecting and maintaining such sign shall be permitted as advertising matter. Graphics referring to name brand products sold on the premises may occupy a maximum of 20% of the sign area.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.19 TEMPORARY SIGNS.
(a) Temporary window signs may be used for special events, but shall not be used for more than 30 consecutive days, shall only be permitted on the interior of buildings, shall be subject to the requirements of Section 1173.15, and may not exceed 50% of any window area.
(b) Temporary cloth signs, banners, streamers, etc., may be suspended over public property by special permission of Council. The purpose of such temporary signs shall be for civic or community affairs of a public or semipublic nature and not for private gain. A surety bond in an amount as may be determined by Council and conditioned on the faithful observance of the provisions of this chapter, and which shall indemnify and save harmless the Municipality from any and all judgments, costs or expenses which the Municipality may incur or suffer by permitting the erection of any temporary sign as hereinbefore mentioned, may be required by Council from the person desiring to erect or suspend such temporary sign. Alternatively, Council may require a liability insurance policy, issued by an insurance company authorized to do business in the State, in lieu of such bond. (Ord. K-5-94-2. Passed 5-9-94.)
1173.20 REMOVAL OF CERTAIN SIGNS.
(a) Any sign now or hereafter existing which no longer advertises a bona fide business conducted upon the premises or no longer serves the purpose for which it was intended, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found, within ten days after written notification from the Zoning Inspector.
(b) Notice shall be given by registered mail to the latest permit holder or to the property owner, or to such owner's spouse or agent, or to the person otherwise in charge of such sign or premises. In the event no such named person may be found or, when deemed proper by the Zoning Inspector, the sign or premises shall be posted with the notice to remove.
(c) Upon failure to comply with such notice within the time specified in such order, the Zoning Inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building to which such sign is attached, which costs shall become a lien upon the property until paid.
(d) Failure to remove sign pursuant to a proper order shall be a violation of the Zoning Code subject to the penalties set forth in Section 1181.06. (Ord. K-5-94-2. Passed 5-9-94.)
1173.21 UNSAFE AND UNLAWFUL SIGNS.
If the Zoning Inspector finds that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of any of the provisions of this chapter, notice shall be given in writing by the Zoning Inspector to the permittee thereof. If the permittee fails to remove or alter the structure to comply with the standards herein set forth within ten days after such notice, such sign or other advertising structure may be removed or altered to comply by Zoning Inspector at the expense of the permittee or owner of the property upon which it is located. The Zoning Inspector shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Zoning Inspector may cause any sign or other advertising structure that is an immediate peril to persons or property to be removed summarily and without notice.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.22 ANNUAL INSPECTION.
The Zoning Inspector shall inspect annually, or at such other times as are necessary, each sign or other advertising structure regulated by this chapter for the purpose of ascertaining whether the same is secure or insecure, and whether it is in need of removal or repair.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.23 MAINTENANCE.
The owner of any sign regulated by this chapter is hereby required to properly maintain in good condition and repair all parts and supports of the sign.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.24 PRESUMPTION OF RESPONSIBILITY.
The occupant of any premises upon which a violation of any of the provisions of this chapter is apparent or the owner of any sign placed or remaining anywhere in violation of any of the provisions of this chapter shall be deemed prima-facie responsible for the violation so evidenced and subject to the penalty provided therefore.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.25 NONCONFORMING EXISTING SIGNS.
Every sign or other advertising structure lawfully in existence on the effective date of this Ordinance, shall not be replaced, altered or relocated, except as such may be required by law or resolution, unless it is made to comply with the provisions of this chapter, except that existing non-conforming off-premise signs may be repaired or replaced without increasing the size or height at an existing location and setback when in compliance with the Ohio Revised Code and all traffic laws. Repair, replacement and maintenance of all existing off-premise signs shall be the responsibility of the sign owner(s). Repair or replacement of said signs shall require a Zoning Permit and the design of any change shall be approved by the Design Review Board if located on Main Street (U. S. Route 40). Village Council may approve additional off-premise signs for directional purposes when necessary for traffic safety.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.26 TEMPORARY SIGNS - GENERAL.
(a) No more than one off premise real estate sign is permitted on any lot or property at any time.
(b) One on-premises real estate sign promoting the sale of any continuous parcel containing more than 2 acres in a commercial district may be permitted up to 32 square feet. All other real estate sale signs shall be six square feet or less.
(c) In addition to the above standards, signage for any village or community sponsored events placed in the right-of-way, including streets or other village property may not contain any promotion for a commercial product or business.
(d) Decorations promoting religious or other similar special events are exempt from these requirements. Exempt decorations may not include lettering or other logos promoting a commercial product, event or business.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.27 COMMERCIAL TEMPORARY SIGNS.
(a) Temporary signs as defined herein, excluding those signs approved by Village Council for community or non-profit purposes, shall not be used or displayed for more than 31 consecutive days. Any temporary sign used or displayed for any period may not be used or displayed again for the same business or premises until a 28 day period has elapsed. However, different temporary signage may be used or displayed in compliance with the requirements. The effect of the above being, that temporary signage may be used periodically or rotated for special occasions or sales. No commercial temporary sign shall be used, erected or displayed in any street, alley or right of way at any time. One temporary sign per calendar year in compliance with all requirements herein may promote an off-premise business or merchandise.
(b) The total aggregate area of temporary signs on any lot parcel or property or for any business at any time shall not exceed the following limits.
O-1 1 Square foot of sign area per every 20 feet of road frontage up to maximum of 16 square feet.
B-1 1 Square foot of sign area per every 20 feet of road frontage up to a maximum of 16 square feet.
B-2 1 Square foot of sign area per every 10 feet of road frontage up to a maximum of 32 square feet.
B-3 1 Square foot of sign area per every 10 feet of road frontage up to a maximum of 32 square feet.
I-1 1 Square foot of sign area per every 10 feet of road frontage up to a maximum of 32 square feet.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.28 STANDARDS FOR ALL TEMPORARY SIGNS.
(a) No temporary signs may be externally or internally lighted.
(b) No temporary signs may use removable lettering or be portable.
(c) No temporary signs may be placed on any property without the express consent of the property owner.
(d) No temporary signs may be attached to any Village utility post or utility pole, light post, trees or other natural vegetation, permanent sign or sign post.
(e) Non-commercial signs only measuring less than 4 square feet in area and measuring less than 30 inches high from street level may be placed in the right of way in areas that do not cause any hazard or interference with pedestrian or vehicular movement.
(f) The owner and/or erector of any sign shall be liable for any loss or accident caused by said sign.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.29 VENDING MACHINES.
Vending machines, which include any sign as defined in the Zoning Code, are considered "signage" and shall require a sign permit. Vending machines (including telephones) that contain signage shall adhere to the requirements herein and shall not be placed in any right of way.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.30 NONPROFIT PROMOTIONAL SIGNS.
Business promotional signs for the purpose of supporting schools, colleges, non-profit entities and government institutions may be erected or placed on athletic field property occupied by the non-profit entity under the following conditions:
(a) No sign shall exceed 32 square feet in area.
(b) No sign shall exceed 12 feet above ground level.
(c) No sign shall be within 100 feet of any public street or road.
(d) There shall be a maximum four feet spacing between signs.
(e) Signs cannot be erected more than 14 days before the season and shall be removed within 14 days of the season ending on the field where signs are located.
(f) All signs shall be maintained in a good, clean, safe condition with no faded, chipped or discolored paint.
(g) A Zoning Permit is required annually for each field. The fee shall be equal to one sign permit fee.
(h) Banners may only be used in compliance with regulations regarding temporary signs.
(i) All signs shall comply with requirements not specifically exempted by this chapter.
(j) All signs shall be oriented toward a game field.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.31 LED AND DIGITAL SIGNS.
Digital or LED display signs shall be permitted under the following conditions:
(a) The sign shall be permitted only as a fully enclosed section of a permanent wall sign constructed of brick, stone, or concrete. The sign and wall shall be surrounded by approved landscaping that measures 10 times the area of the lighted area of the sign (one side). For example, a 16 sq. ft. sign would require a 160 sq. ft. landscaped area. The landscaped area shall be properly maintained or the sign permit shall be revoked.
(b) No flashing or moving lights, animation or video shall be displayed at any time.
(c) The total internally lighted area shall have black background and shall not exceed 16 square feet in area.
(d) The sign display may not be changed more than two times each hour.
(e) The display shall only be lighted or turned on during open business hours.
(f) LED signs shall comply with all other requirements of the code including size, number, height and location of signs.
(Ord. K-5-94-2. Passed 5-9-94.)
1173.32 LIGHTING.
Signs (excluding temporary signs) may be illuminated to 0.3 foot candles above ambient light conditions when measured at the distances identified hereunder: The source of illumination upon a sign shall be shielded from traffic and adjacent properties and shall not be visible beyond the property line of the parcel on which the lighted sign is located. This requirement shall not apply in the case of the use of bare bulbs in association with changeable copy and theater marque signs.
AREA OF SIGN (sq. ft.) | MEASUREMENT Distance (ft.) |
10 | 32 |
15 | 39 |
20 | 45 |
25 | 50 |
30 | 55 |
35 | 59 |
40 | 63 |
45 | 67 |
50 | 71 |
55 | 74 |
60 | 77 |
65 | 81 |
70 | 84 |
75 | 87 |
80 | 89 |
85 | 92 |
90 | 95 |
95 | 97 |
100 | 100 |
(Ord. K-5-94-2. Passed 5-9-94.)