Newark City Zoning Code
CHAPTER 1294
Display Signs and Outdoor Advertising
1294.01 DEFINITIONS AND PURPOSE.
(a) Purpose: the purpose of this section is to promote the public health, safety, and welfare through the provision of standards for existing and proposed signs of all types. More specifically, it is intended to:
(1) Enhance and protect the physical appearance of the community.
(2) Promote and maintain visually attractive residential, retail, commercial, and industrial districts.
(3) Ensure that signs are located and designed to reduce sign distraction and confusion that may be contributing factors in traffic congestion and accidents, and to maintain a safe and orderly pedestrian and vehicular environment.
(4) Provide review procedures that enable the city to comprehensively evaluate the appropriateness of any sign to the site, building, and/or surroundings.
(5) Prohibit all signs not expressly permitted in this section.
(b) Definitions. For the purposes of this chapter the following definitions shall apply:
(1) ALTERED SIGN: A sign that has been modified in some way other than by maintenance.
(2) APARTMENT COMPLEX SIGN: A sign used solely to identify the name of an apartment complex with no additional information on the sign. [See Section 1294.07]
(3) AWNING: See Section 1230.04.
(5) BUILDING SIGN: A sign on or attached to a building or portion thereof including, but not limited to, an awning, canopy, hanging, projecting, roof or wall sign.
(6) CANOPY: See Section 1230.04.
(7) CANOPY SIGN: Any sign forming a part of or attached to a canopy or marquee. [See Section 1294.07]
(9) FREESTANDING SIGN: Any sign not attached to or forming a part of a building, including but not limited to pole and monument signs.
(10) HANGING SIGN: A sign that hangs from an overhang, soffit, marquee, awning, canopy or similar structure and is above a walking or driving surface. [See Section 1294.07]
(11) HOST LOT: A lot upon which an off-premises, rear lot, or similar type sign is located.
(12) ILLUMINATED SIGN: Any sign illuminated by electricity, gas or other artificial light.
(13) ILLUMINATED SIGN, EXTERNALLY: A sign illuminated primarily by light directed toward it, across it or by backlighting from a source not from within.
(14) ILLUMINATED SIGN, INTERNALLY: A sign whose light source is located in the interior of the sign, so that the light projects through the face of the sign, or which is attached to the face of the sign and is a design element of the sign.
(15) JOINT IDENTIFICATION SIGN: A sign that displays advertising or information of more than one business, person or activity. [See Section 1294.07]
(16) MAINTENANCE OF SIGNS: Work performed on a sign face, cabinet or supporting structure, which is necessary to maintain the structural integrity of the structure, or the painting or changing of the sign face without changing the size or shape of the sign face.
(17) MENU BOARD: A sign, which typically displays a list of items available for sale, including but not limited to, “Presell Menu Boards”, “Drive Thru Signs”, “Custom Order Sign” and other similar signs. [See Section 1294.07(a)(2)E.]
(19) MULTIPLE MESSAGE ADVERTISING DEVICE: See definition for VARIABLE MESSAGE SIGN.
(20) OFF-PREMISES SIGN: Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered upon or within fifty feet of the premises where such sign is located. [See Section 1294.10]
(21) ON-PREMISES SIGN: Any sign related to a business or profession conducted, or to a commodity or service sold or offered upon or within fifty feet of the premises where such sign is located. [See Section 1294.08]
(22) PERMANENT SIGN: Any sign except designated temporary signs.
(23) POLE SIGN: A freestanding sign with a height exceeding five and a half feet or a freestanding sign having more than fifty percent of the sign separated from the ground by air.
(24) PROJECTING SIGN: Any sign which projects from the exterior of a building more than eight inches. [See Section 1294.07]
(26) REAR LOT SIGN: A sign located on a lot, where the lot on which the sign is located is adjacent to a rear lot, and the display information, advertisement, announcement, or directions on the sign serves the business or activity on the adjacent rear lot. [See Section 1294.09]
(27) ROOF SIGN: Any sign erected upon the roof or parapet of a building or a building sign, which extends above the eave, overhang, gable end or parapet of the building to which it is attached. [See Section 1294.07]
(28) SIGN: A device that is self supporting or is attached to a structure and is arranged, intended, designed or used as an advertisement, announcement, menu board, or to give direction, including a billboard or advertising device of any kind.
(29) SIGN FACE: The portion of a sign available for display of information, announcements, directions or other advertisements, which directs attention to any object, product, place, activity, person, institution, organization or business.
(31) SIGN HEIGHT: The vertical distance measured from the average grade surrounding the sign, excluding any mounding, to the highest portion of the sign, including the frame. [See Section 1294.05]
(32) SIGN SETBACK: The distance measured from the sign structure to the nearest adjacent property line. [See Section 1294.06]
(33) SUBDIVISION SIGN: A sign used solely to identify the name of a residential subdivision. [See Section 1294.07]
(34) TEMPORARY SIGN: Any sign placed in or on the ground, attached to or supported by a structure, or attached to which is not a permanent sign.
(35) VARIABLE MESSAGE ELECTRONIC SIGN: A sign that changes the message shown on the face of the sign by means of an electronic system including, but not limited to, VARIABLE MESSAGE LIGHT EMITTING DEVICE SIGN and VARIABLE MESSAGE PROJECTION SIGN type systems. For purposes of this Code, the largest individual face available for display at any one time determines the area of the sign. [See Section 1294.07]
(36) VARIABLE MESSAGE SIGN: A sign that changes the message shown on the face of the sign and includes, but is not limited to, a VARIABLE MESSAGE MECHANICAL SIGN, VARIABLE MESSAGE LIGHT EMITTING DEVICE SIGN, VARIABLE MESSAGE PROJECTION SIGN or MULTIPLE MESSAGE ADVERTISING DEVICE. For purposes of this Code, the largest individual face available for display at any one time determines the area of the sign. [See Section 1294.07]
(37) VARIABLE MESSAGE MECHANICAL SIGN: A sign that changes the sign face by mechanical means, including but not limited to rotating cubes or rotating vertical triangular slats.
(38) VARIABLE MESSAGE LIGHT EMITTING DEVICE SIGN: A sign that changes the sign face by electronic means, including but not limited to turning lights on and off, remote numeric displays, scrolling messages, glow cubes, light emitting diodes, cathode ray tubes, or other similar technology.
(39) VARIABLE MESSAGE PROJECTION SIGN: A sign that changes the sign face by electronic means, including, but not limited to projection, digital or similar technology.
(40) WALL SIGN: Any sign on the exterior of the building that does not project more than eight inches from the face of the building to which it is affixed, painted, or attached. [See Section 1294.07]
(Ord. 08-33. Passed 5-4-09; Ord. 20-37-A. Passed 2-1-21.)
1294.02 EXISTING SIGNS.
1294.03 PERMIT REQUIRED.
(a) No sign shall be installed, erected, constructed, altered, enlarged, extended, replaced or relocated by any person, firm or corporation until a permit for the same has been issued. The permit shall be issued to the owner of the property, on which the sign is or is to be located, who shall be known as the permittee. See Section 1294.11 for temporary signs.
(b) Exceptions:
(1) A sign with only the address of the building or structure.
(2) A sign not exceeding one square foot of display surface, on a residence building stating the name of the occupant.
(3) A sign of not more than one square foot on or over a show window or door of a store or business establishment, announcing without display or elaboration, only the name of the proprietor and the nature of his business.
(4) A sign, not exceeding ten square feet of a display surface, on a public building or institution giving the name and nature of the occupancy and information as to the admission to.
(5) Window signs.
(6) The repainting of an existing sign.
(7) The changing of a sign face without changing the sign face size or shape.
(8) A sign or graphics on a piece of equipment or machinery, describing the product or contents contained within the piece of equipment or machinery, including but not limited to an ice, food or beverage dispensing machine, a gasoline dispensing unit, or other similar devices.
(9) A sign in the public right-of-way which sign shall be approved by the Service Director.
(Ord. 08-33. Passed 5-4-09.)
1294.04 MEASUREMENT OF SIGN FACE AREA.
(a) Building Signs. The sign face area shall be computed as the area of the geometric figure, which encompasses the display information, announcement, direction, or other advertisement including a logo or similar symbol. In computing the sign face area, the area of a design feature which is not part of a logo, a symbol or the lettering of the sign shall not be included in the sign face area.
(b) Freestanding Signs. The sign face area shall be computed as the area of the geometric figure, which encompasses the entire surface available for display information, announcement, direction, or other advertisement. In computing the sign face area, the area of the structural members shall not be included in the sign face area. The area between two sign faces is not considered a part of the sign face area when the two sign faces are not physically connected.
(Ord. 08-33. Passed 5-4-09.)
1294.05 MEASUREMENT OF SIGN HEIGHT.
The height of the sign shall be determined by measuring vertically from the average grade surrounding the sign, excluding any mounding, to the highest portion of the sign including the frame or structure surrounding the sign. In the case of a directional sign, the height is measured from the nearest driving surface.
(Ord. 08-33. Passed 5-4-09.)
1294.06 MEASUREMENT OF SIGN SETBACK.
(a) The setback of the sign shall be determined by measuring from the closest property line or the property line adjoining the public right-of-way to the portion of the sign, including the frame or structure surrounding the sign, which is closest to the property line. The setback is measured on a line perpendicular to the property line.
(b) When the location of the property line adjoining the public right-of-way is not known, the following alternate method for measuring the setback from the public right-of-way may be used: when approved by the Zoning Inspector, the measurement may be made from the improved road surface of the public right-of-way adding twenty feet to the minimum setback required by this chapter.
(Ord. 08-33. Passed 5-4-09.)
1294.07 GENERAL.
(a) Allowable Number of Signs Per Lot.
(1) Only one sign is permitted per lot in a CD, AD, R, LO and LB District.
(2) In CSI, GO, MB, HB, GB, LC, GC, DC, LI and GI Districts:
A. Building signs. Each building on a lot is permitted to have one or more building signs. The combined sign face area of all signs on a given wall shall not exceed that which is allowed by Section 1294.08.
B. Freestanding signs. Each lot adjoining a public street is permitted to have one on-premises freestanding sign per lot. A rear lot may have one on-premises freestanding sign. For monument sign exception, see paragraph (c)(7), monument sign, below. Note: Multiple occupants of a given lot may share the freestanding sign(s) allowed by this section.
D. Rear lot. A rear lot shall not have more than one rear lot sign on a given host lot and shall not have more than one host lot.
E. Menu board. In addition to the signs permitted in paragraphs A. through D. above, a business with a drive thru facility may have one menu board.
(3) Signs in a PUD District shall be approved by the Planning Commission.
(b) Requirements for Design of All Signs.
(1) Signs shall not closely resemble or approximate the shape, form or color of official traffic signs, signals or devices. Signs shall not be placed so as to obstruct or interfere with a required doorway, or other required means of ingress or egress.
(2) Signs shall not be placed so as to obstruct or interfere with the visibility of pedestrian or vehicular traffic on a public right-of-way.
(3) A sign in or hanging over the public right-of-way shall be approved by the Service Director.
(4) A sign that is not specifically permitted by this Code is prohibited.
(c) Requirements for Certain Types of Signs. The following standards are for specific types of signs. When there is a conflict between the standards set forth in this section and any other standards in this Code, the standards of this section shall apply.
(1) Apartment complex signs. In all districts a sign used to display the name and/or address of an apartment building or complex is permitted. The maximum height of such signs shall be four and one-half feet. The maximum sign face area shall be based on the number of dwelling units as follows: one to three units – zero square feet; four to eleven units – four square feet; twelve to twenty-four units – eight square feet; twenty-five or more units – twelve square feet. The sign shall not be internally illuminated. There shall not be more than one sign per complex. The sign may be two sided with each side equal to the allowable areas set forth above. The sign shall be set back a minimum of fifteen feet from any property line or the public right-of-way.
(2) Awning sign. An awning sign shall not project beyond the horizontal width or vertical height of the awning on which the sign is located.
(3) Canopy sign. A canopy sign shall not project beyond the horizontal width or vertical height of the canopy on which the sign is located.
(4) Directional sign. Directional signs, other than those approved to be placed in the public right-of-way, shall be on private property. Directional signs shall be not more than three feet in height above the adjacent driving surface and no more than two square feet in area. Directional signs may be illuminated. Directional signs in the public right-of-way shall be approved by the Service Director.
(5) Hanging sign. Signs hanging above a private exterior walking surface shall be a minimum of eight feet above the walking surface measured to the bottom edge of the sign. Signs hanging above a public right-of-way shall be approved by the Service Director.
(6) Joint identification sign. Any number of businesses, persons or activities may be displayed on such sign. The size, height and setback of the sign are limited to that which is permitted in the district in which the sign is located.
(7) Monument sign. Multiple monument signs may be installed on a lot and shall not be subject to the provisions of subsection (a)(2) hereof. All monument signs shall be spaced such that no monument sign is within a 500 foot radius of another monument sign on the same lot, and shall be landscaped on all sides, for a minimum distance of five feet around the sign.
(8) Projecting sign. Projecting signs shall allow a clear space of not less than ten feet below all parts of such signs over any walking or driving surface. Projecting signs shall not extend beyond the horizontal width or the vertical height of the wall on which the sign is attached. Signs projecting into the public right-of-way shall be approved by the Service Director.
(9) Roof sign. Roof signs shall be approved by the Board.
(10) Sign face area – multi-. The area of any double-sided or "V" shaped sign shall be the area of the largest single face. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as fifty percent of the sum of the area of all faces of the sign. In the case of a multi-sided sign, no single face may exceed the allowable sign face area for the district in which it is located.
(11) Subdivision sign. In all districts a sign used solely to display the name of a residential subdivision is permitted. The maximum height shall be six feet; the maximum sign face area shall be ninety square feet. The sign shall not be internally illuminated. There shall be no more than one sign at each entrance to the subdivision. The material used to construct the base of the sign shall be brick or stone. The use of any other type of material to construct the base shall be approved by the Board. All portions of the sign shall be set back a minimum of fifteen feet from any property line or the public right-of-way.
(12) Variable message electronic signs.
A. A variable message electronic sign proposed to be located within 100 feet of an R-District shall be approved by the Board.
B. The operation of all signs utilizing a variable electronic message, including those in existence at the time of adoption of this Code, shall not have any animated or moving video.
(13) Wall sign. Wall signs less than ten feet above a walking surface may project no more than eight inches from the building. A wall sign more than ten feet above a walking surface and projecting more than eight inches from the building shall be a projecting sign. A wall sign shall not extend beyond the horizontal width or the vertical height of the wall or surface on which it is located. A wall sign extending into or over a public right-of-way shall be approved by the Service Director.
(Ord. 08-33. Passed 5-4-09.)
1294.08 ON-PREMISES SIGN LOCATION/SIZE/HEIGHT/SETBACK.
(a) On-Premises Signs.
(1) Non-variable message signs. All on-premises signs shall comply with this Code.
(2) Variable message signs. In addition to what may otherwise be required by this Code, on-premises signs shall also comply with the following: An on-premises variable message projection sign shall be approved by the Board, except as provided in subsection (d). Written notice by mail to property owners within 200 feet is not required.
(b) On-Premises Building Signs.
A. In the R-Districts, the maximum sign face area permitted is one square foot.
B. In the CD, AD, LO and LB Districts, the maximum sign face area permitted is sixteen square feet and the allowable sign face area may be divided between two or more signs.
C. In the CSI, GO, MB, LC and DC Districts the maximum combined sign face area permitted is thirty-two square feet and the allowable sign face area may be divided between two or more signs.
D. In the HB, GB, GC, LI and GI Districts, the maximum sign face area permitted is based on the length of the building and the allowable sign face area may be divided between two or more signs.
1. The maximum combined sign face area permitted on a given side of a building is based on the length of that side of the building.
2. Each side of a building shall be permitted to have a building sign which is in compliance with this section.
3. When a building is divided into individual tenant spaces, the length used to determine the allowable sign face area for each tenant will be the length of that portion of the building occupied by that tenant.
4. The maximum sign face area permitted, based on the length of a building is: [see Table 1294.08 below]
a. Buildings up to fifteen feet in length shall have a maximum combined sign face area of twenty square feet.
b. Buildings of more than fifteen and not more than twenty feet in length shall have a maximum combined sign face area of thirty-six square feet.
c. Buildings of more than twenty feet in length may have a maximum combined sign face area of thirty-six square feet plus additional area determined as follows:
(i) 0.3 square feet for each lineal foot of building length more than twenty and not more than 100;
(ii) 0.6 square feet for each lineal foot of building length more than 100 and not more than 200;
(iii) 0.9 square feet for each lineal foot of building length more than 200 and not more than 400;
(iv) 0.6 square feet for each lineal foot of building length more than 400 and not more than 800; plus
(v) 0.3 square feet for each lineal foot of building length more than 800.
(vi) The sign face area determined in (i) through (v) above is rounded up to the first whole number.
E. In the PUD Districts, the maximum sign face area shall be approved by the Planning Commission.
Table 1294.08
The following table illustrates the percentages listed in (i) through (v) above:
Building Length in Feet | Maximum Combined Sign Face Area |
Building Length in Feet | Maximum Combined Sign Face Area |
0-15 | 20 square feet |
15-20 | 36 square feet |
20-100 | 36 sq. ft. plus 0.3 sq. ft. per foot of building length beyond 20 |
100 | 60 square feet |
100-200 | 60 sq. ft. plus 0.6 sq. ft. per foot of building length beyond 100 |
200 | 120 square feet |
200-400 | 120 sq. ft. plus 0.9 sq. ft. per foot of building length beyond 200 |
400 | 300 square feet |
400-800 | 300 sq. ft. plus 0.6 sq. ft. per foot of building length beyond 400 |
800 | 540 square feet |
800+ | 540 sq. ft. plus 0.3 sq. ft. per foot of building length beyond 800 |
Example: A building wall 267 feet in length: (120 sq. ft.) plus (0.9 X 67) = 180.3 square feet. The allowable combined sign face area for a 267-foot building wall is 181 square feet.
(c) On-Premises Freestanding Signs.
(1) On-premises freestanding sign size. [See Section 1294.04] Except as may otherwise be provided by this Code1, freestanding signs shall comply with the following:
A. Each freestanding sign shall comply with the following maximum sign face area.
B. When there are two opposing sign faces, each may have the following maximum sign face area.
CD District-16 sq. ft. CSI District-32 sq. ft.
AD District-16 sq. ft. LO District-16 sq. ft.
RS District-1 sq. ft. GO District-32 sq. ft.
RL District-1 sq. ft. LB District-16 sq. ft.
RM District-1 sq. ft. MB District-32 sq. ft.
RH District-1 sq. ft. HB District-64 sq. ft.
RZLL District-1 sq. ft. GB District-64 sq. ft.
RMH District-1 sq. ft. LC District-32 sq. ft.
SFC District-1 sq. ft. GC District-64 sq. ft.
TFR District-1 sq. ft. DC District-16 sq. ft.
MFR District-1 sq. ft. LI District-64 sq. ft.
MFC District-1 sq. ft. GI District-64 sq. ft.
MFH District-1 sq. ft. PUD District-per Planning Commission
1 Some sign face area sizes are addressed in Section 1294.07.
(2) On-premises freestanding sign height. [See Section 1294.05] Except as may otherwise be provided by this Code2, freestanding signs shall comply with the following maximum height requirement:
CD District-5 feet CSI District-8 feet
AD District-5 feet LO District-5 feet
RS District-5 feet GO District-8 feet
RL District-5 feet LB District-5 feet
RM District-5 feet MB District-20 feet
RH District-5 feet HB District-20 feet
RZLL District-5 feet GB District-20 feet
RMH District-5 feet LC District-20 feet
SFC District-5 feet GC District-20 feet
TFR District-5 feet DC District-20 feet
MFR District-5 feet LI District-20 feet
MFC District-5 feet GI District 20 feet
MFH District-5 feet PUD District-Per Planning Commission
(3) On-premises freestanding sign setback. [See Section 1294.06] Except as may otherwise be provided by this Code, on-premises signs shall comply with the following minimum setback requirements from front, side and rear property line:
A. Freestanding signs shall be setback a minimum of twenty feet.
B. Monument signs shall be setback a minimum of fifteen feet.
C. Directional signs are not required to comply with a minimum setback. [See Section 1294.07]
(d) On-Premises Menu Board. Except as may otherwise be provided by this Code, on-premises menu boards shall comply with the following requirements:
(1) Menu boards are only permitted where there is a permitted vehicular drive thru.
(2) Each lot shall be limited to two menu boards.
(3) Each menu board shall have a maximum sign face area of thirty-two square feet.
(4) Each menu board shall have a maximum sign height of eight feet.
(5) Each menu board shall have a minimum setback of twenty-five feet from all property lines.
(6) The menu boards may be a variable message electronic sign and does not require approval by the Board.
(Ord. 08-33. Passed 5-4-09.)
1294.09 REAR LOT SIGN LOCATION/SIZE/HEIGHT/SETBACK.
Except as may otherwise be provided by this Code, rear lot signs shall comply with the following requirements:
(a) Rear lot signs shall only be permitted in the HB, GB, GC, LI and GI Districts.
(b) A rear lot shall not have more than one rear lot sign on any host lot and shall not have more than one host lot.
(c) A host lot shall be limited to one rear-lot sign or one off-premises sign.
(d) The size, height and setback requirements of a rear lot sign shall be the same as those for on-premises signs.
(e) A rear lot variable message projection sign shall be approved by the Board.
(Ord. 08-33. Passed 5-4-09.)
1294.10 OFF-PREMISES SIGN LOCATION/SIZE/HEIGHT/SETBACK.
(a) New Off-Premises Signs. Except as may otherwise be provided by this Code, off-premises signs shall comply with the following requirements:
(1) Off-premises signs shall only be located on lots identified on the off-premises sign map.
(2) A host lot shall be limited to having one rear-lot sign or one off-premises sign, but not both.
(3) There shall be a minimum of 1,000 feet between off-premises signs measured along the centerline of the right-of-way and applies on both sides of the right-of-way.
(4) An off-premises sign shall not advertise a product which is sold by a business on the same lot as the off-premises sign or when the business is located on a lot which is within fifty feet of the sign.
(5) No person, entity or business shall utilize an off-premises sign as an on-premises sign.
(6) An off-premises sign used to advertise a business or a product for sale on the same lot where the sign is located or on a lot within fifty feet of the sign is a violation of the size limitations of Section 1294.08.
(7) A sign located on a vacant or unimproved lot shall be regulated as an off-premises sign, unless the sign complies with all of the requirements of a temporary sign or a rear lot sign.
(8) An off-premises sign may have two opposing faces, but may not be a triangular shape with three faces, or a box shape with four faces.
(9) No single side of an off-premises sign shall exceed a sign face area of 376 square feet.
(10) The lot on which an off-premises sign is located shall have a minimum of 100 feet of lot frontage on a public right-of-way.
(11) The off-premises sign height shall not exceed thirty feet.
(12) Off-premises signs, whether freestanding or attached to a building, shall comply with the following setbacks:
A. Front setback: minimum twenty-five feet and maximum fifty feet.
B. Side setback: minimum thirty-five feet.
C. Rear setback: minimum 100 feet.
(13) Off-premises signs attached to a building shall lay flat against the building, be fully supported by being securely attached to the building and shall not extend beyond the horizontal width or the vertical height of the wall or surface on which it is located.
(14) An off-premises variable message projection sign shall be approved by the Board. Written notice by mail to property owners within 200 feet is not required.
(b) Existing Off-Premises Signs.
(1) In an area where the off-premises signs map does permit off-premises signs:
A. An off-premises sign in existence at the time of the adoption of this Code shall establish an area in which no new signs may be installed. The area is indicated on the overlay map as an area extending 1,000 feet on either side of such sign and parallel to the area in which signs are permitted. The area established by each such sign shall not change or be moved for any reason including the relocation of an existing sign in accordance with paragraph (b)(2) hereof.
B. The relocation of an existing off-premises sign is permitted under the following conditions:
1. The sign is relocated along the same side of the public right-of way.
2. The sign is relocated within 500 feet of its location at the time of adoption of this Code.
3. The relocation does not create an area where a new sign may be located.
4. The sign may not exceed its current size or the size which is permitted by this Code, whichever is less.
5. The height of the sign may not exceed its current height or that which is permitted by this Code, whichever is less.
6. The sign shall comply with the setback requirements of this Code established for new signs.
7. The off-premises sign may be replaced with a variable message electronic sign upon approval of the Board. Written notice by mail to property owners within 200 feet is not required.
8. The construction of the relocated sign shall not begin until the existing sign has been removed.
9. The relocation shall be completed within 365 days of the removal of the existing sign.
10. An off-premises sign used to advertise a business or a product for sale on the same lot where the sign is located or on a lot within fifty feet of the sign is a violation of the size limitations of Section 1294.08.
(2) In an area where the off-premises sign map does not permit off-premises signs:
A. A sign may be maintained in its present location as long as it is not altered, enlarged or extended.
B. A sign may be replaced with one of the exact same size, height, shape, type, and in the same location, except that the replacement of any type of off-premises sign with a variable message electronic sign shall be approved by the Board.
C. A proposed modification to the size, height, shape, type or location of the sign shall be approved by the Board.
D. An off-premises sign used to advertise a business or a product for sale on the same lot where the sign is located or on a lot within feet of the sign is a violation of the size limitations of Section 1294.08.
(Ord. 08-33. Passed 5-4-09.)
1294.11 TEMPORARY SIGNS.
(a) General Provisions.
(1) No temporary signs in a residential district shall be illuminated.
(2) All temporary signs shall comply with Section 1294.07(b) and (c).
(3) Any sign which does not comply with the provisions of this section shall comply with all other provisions of this chapter.
(4) The provisions of this section are not applicable to Federal, State, County and City governmental entities.
(5) The Zoning Inspector may authorize the installation of temporary signs in accordance with the requirements of this section.
(6) For certain temporary signs an approval letter shall be required prior to installation. The height of a temporary sign, when the sign is installed flat against a building, shall not exceed the height of the building on the lot or the building height limitation of the district, whichever is less, unless otherwise allowed.
(7) Temporary signs as defined in this Code are not subject to fees.
(8) Temporary signs shall include, but are not limited to, those described in subsections (b) through (l) below.
(b) Post Sign.
(1) A sign installed on a post or structure (other than a building) and constructed of paper, cardboard, plastic, laminated cardboard, wood, metal or similar material shall not be permitted.
(2) Upon written notification to the property owner, tenant, or a representative of either party of the existence of a post sign in violation of this Code, the Zoning Inspector is authorized to remove such post sign. Where a post sign is located on a vacant lot, no notification is necessary. Personal service upon the owner, tenant or employee at the premises shall be sufficient to satisfy the notification requirements of this Code.
(c) Banner Sign.
(1) A sign normally fabricated of a flexible material such as a coated fabric, which is suspended between two or more poles or structures or attached to a building or other structure.
(2) Prior to the installation of a banner sign, an approval letter shall be obtained from the Zoning Inspector. The approval letter may be issued to the property owner, tenant, or a representative of either party. No more than two approval letters shall be issued in a calendar year to a given address or business location with a minimum of ninety days between approval letters. The approval letter shall be displayed on the same property as the banner and shall be visible from the street.
(3) Upon written notification to the property owner, tenant, or a representative of either party of the existence of a banner sign in violation of this Code, the Zoning Inspector is authorized to remove such banner sign. In the case of a vacant lot, no notification is necessary. Personal service upon the owner, tenant, or employee at the premises shall be sufficient to satisfy the notification requirements of this Code.
(4) A banner sign shall comply with all applicable sections of this Code and:
A. Must be removed within thirty days of placement.
B. Must not exceed six square feet in area in any R-District or thirty square feet in any OBCI Districts.
C. Signs not exceeding six square feet in area must be placed at least ten feet back from the improved road surface. Any sign exceeding six square feet in area shall be placed at least twenty feet back from the improved road surface.
D. Must not have any flashing, blinking, intermittent or moving lights.
E. Must not interfere with traffic visibility.
(5) This section shall not be applicable to signs of similar material attached to a sign frame permitted under other sections of this Code.
(d) Inflatable Structure.
(1) A structure inflated with air or gas, which rests on the ground or another structure, or floats in the air and is affixed to the ground or a structure.
(2) Prior to the installation of an inflatable structure, an approval letter shall be obtained from the Zoning Inspector. The approval letter may be issued to the property owner, tenant, or a representative of either party. No more than two approval letters shall be issued in a calendar year to a given address or business location with a minimum of ninety days between approval letters. The approval letter shall be displayed on the same property as the inflatable structure and shall be visible from the street.
(3) Upon written notification to the property owner, tenant, or a representative of either party of the existence of an inflatable structure in violation of this Code, the Zoning Inspector is authorized to remove such inflatable structure. Where the inflatable structure is located on a vacant lot, no notification is necessary. Personal service upon the owner, tenant or employee at the premises shall be sufficient to satisfy the notification requirements of this Code. An inflatable structure shall comply with all applicable sections of this Code and:
A. Must be removed within fourteen days of placement, except as in F. below.
B. Inflatable structures shall not be permitted in R-Districts. In all OBCI Districts, inflatable structures shall be placed at least twenty feet back from the improved road surface. An inflated structure shall be affixed to the ground or a structure at a location that should the inflated structure fall to the ground it will not fall onto an improved road surface or public right-of-way.
C. Must comply with the sign height limitation of the district in which it is placed. The size of the structure is not limited.
D. Must not have any flashing, blinking, intermittent or moving lights.
E. Must not interfere with traffic visibility.
F. Inflatable holiday decorations are permitted in OBCI and R-Districts without a permit. There is no time limitation on holiday decorations.
(e) Portable Sign.
(1) Any sign that is designed to be or is readily portable which does not match the description of one of the other temporary signs in this section.
(2) Prior to the installation of a portable sign, an approval letter shall be obtained from the Zoning Inspector. The approval letter may be issued to the property owner, tenant, or a representative of either party. No more than two approval letters shall be issued in a calendar year to a given address or business location with a minimum of ninety days between approval letters. The approval letter shall be displayed on the same property as the portable sign and shall be visible from the street.
(3) Upon written notification to the property owner, tenant, or a representative of either party of the existence of any portable sign in violation of this Code, the Zoning Inspector is authorized to remove such portable sign. Where a portable sign is located in a vacant lot, no notification is necessary. Personal service upon the owner, tenant or employee at the premises shall be sufficient to satisfy the notification requirements of this Code.
(4) A portable sign shall comply with all applicable sections of this Code and:
A. Must be removed within thirty days of placement.
B. Must not exceed six square feet in area in any R-District or thirty-two square feet in any OBCI Districts.
C. Signs not exceeding six square feet in area must be placed at least ten feet from the improved road surface. Any sign exceeding six square feet in area shall be placed at least twenty feet back from the improved road surface.
D. Must not have any flashing, blinking, intermittent or moving lights.
E. Must not interfere with traffic visibility.
F. Top of the sign shall not be more than five feet above grade in any R- District, and not more than seven feet above grade in any OBCI District.
(f) Framed Sign.
(1) A sign enclosed in a frame attached to the exterior surface of a building and constructed of a material such as paper, cardboard or similar material, which can be removed from its frame without the use of a tool. The size of a single framed sign shall be a maximum of six square feet. All signs on a single wall combined together shall be a maximum of twelve square feet. All signs on a building combined together shall be a maximum of eighteen square feet. Signs with interchangeable letters or messages are not framed signs and do require a permit.
(2) No permit or approval letter is required for a framed sign.
(3) Upon written notification to the property owner, tenant, or a representative of either party of the existence of any framed sign in violation of this Code, the Zoning Inspector is authorized to remove such framed sign. Where a framed sign is located in a vacant lot, no notification is necessary.
(4) Personal service upon the owner, tenant or employee at the premises shall be sufficient to satisfy the notification requirements of this Code.
(5) A framed sign shall comply with all applicable sections of this Code and:
A. A framed sign in compliance with this Code may remain without time limits.
B. Must be placed flat against the wall of the building.
C. Must not have any flashing, blinking, intermittent or moving lights.
D. Must not be an illuminated sign.
E. Must have a maximum allowable projection of two inches beyond the face of the wall in which it is attached.
(g) All other temporary signs. All other temporary signs, including but not limited to, promotional signs, contractor signs, political and announcement signs, and development signs may be erected in conformity with the provisions hereof without a permit or approval letter. Such signs shall comply with all applicable sections of this code and:
(1) Shall not exceed six square feet in area, except that in a district zoned commercial or industrial (LC, GC, LI, GI) such signs shall not exceed thirty-two square feet.
(2) Shall not be placed within ten feet of the improved road surface.
(3) Shall not have any flashing, blinking, intermittent, or moving lights.
(4) Shall not interfere with traffic visibility.
(5) Shall not exceed, at the top of such sign, five feet above grade in any R District or seven feet above grade in any OBCI District.
(h) Window Sign. The installation and display of a window sign does not require a permit or an approval letter.
(Ord. 08-33. Passed 5-4-09; Ord. 20-37-A. Passed 2-1-21.)
1294.12 MODIFICATIONS REQUIRED OR BEING PERFORMED.
All permanent and temporary signs and sign structures shall be kept in good repair and in a proper state of preservation. When the Zoning Inspector determines that a sign or sign structure is unsafe, has been or is being installed, erected, constructed, altered, enlarged, extended, replaced, relocated, or maintained in violation of the provisions of this Code, he shall give written notice of such condition to the permittee or the property owner on whose property such sign is located. If the permittee or property owner fails to comply with the terms and conditions of the notice, such sign structure may be removed, altered by the Inspector at the expense of the owner of the property. The Inspector may cause any sign that is an immediate danger to persons or property to be removed summarily and without notice.
(Ord. 08-33. Passed 5-4-09.)
1294.13 ABANDONED AND NON-FUNCTIONAL SIGNS.
(a) Signs, which are abandoned, no longer functional, or which are located where no products are being sold, no service is being provided, or no legitimate business activity is being conducted, shall be removed by the tenant, permittee, or owner of the premises. Where a sign is painted directly on the wall of a building, it is acceptable to paint over the sign.
(b) Compliance with these provisions shall be completed within fourteen days after written notice from the Zoning Inspector or within thirty days of the cessation of the business, whichever comes first. Upon failure to comply with such notice, the Zoning Inspector is authorized to remove such sign. The owner of the property shall pay any expense incurred in the removal of the sign. If the owner fails to make payment of the amount due, the Zoning Inspector may certify such amount to City Council who may, by resolution, certify the amount due to the County Auditor to secure a lien upon the property. Personal service upon the tenant, an employee, the pemittee or owner shall be sufficient to satisfy the notification requirements of this chapter.
(Ord. 08-33. Passed 5-4-09.)
1294.99 PENALTY.
A violation of any provision of this chapter, as amended, shall be punished by a minor misdemeanor on the first offense. A second offense by the same permittee or owner, whether or not the second offense involves the same property as the first offense, shall be a misdemeanor of the fourth degree. Subsequent offenses by the same permittee or owner, whether or not such subsequent offenses involve the same property as the prior offenses, shall be a misdemeanor of the third degree.
(Ord. 08-33. Passed 5-4-09.)