Newton Falls City Zoning Code

CHAPTER 1151

Signs

1151.01 PURPOSES.

(a) The purposes of these sign regulations are:

(1) To encourage the effective use of signs as a means of communication;

(2) To maintain and enhance the pleasing look of the municipality;

(3) To maintain a community that is attractive to residents and businesses;

(4) To protect the municipality from sign clutter and visual blight resulting from excessive, out-of-scale, and redundant signs;

(5) To be architecturally compatible with the style, composition, and details of the building and its vicinity and contribute to the character of Newton Falls;

(6) To improve pedestrian and traffic safety; and

(7) To minimize the possible adverse effects of signs on nearby public and private properties.

(b) These sign regulations recognize that careful attention to attractive and citizen friendly design is in the economic interest of a municipality, its citizens, and business owners. Attractive and integrated design features tend to improve a municipality's image, raise overall property values, attract new businesses and residents, and improve the quality of life.

compatible with the small-town image sought by Newton Falls and in which the municipality continuously invests.

(Ord. 2022-42. Passed 10-5-22.)

1151.02 COMPLIANCE; APPLICATION OF CHAPTER.

(a) Signs shall be designed, erected, altered, reconstructed, moved, and maintained, in whole or in part, in accordance with the provisions of this chapter.

(b) The construction, erection, safety, and maintenance of all signs shall be in accordance with this chapter, but the provisions of this chapter shall not amend or in any way interfere with the codes, rules, or regulations governing traffic signs.

(c) The display of official public notices, or the flag, emblem, or insignia of an official governmental body, shall not be governed by the provisions of this chapter.

(d) The effect of this chapter, as more specifically set forth herein, is:

(1) To establish a system to allow a variety of types of signs in residential, commercial, industrial, mixed use, and planned development zones, subject to the standards and the permit procedures of this chapter;

(2) To allow certain signs that are small, not obstructive, and incidental to the principal use of the respective properties on which they are located, subject to the substantive requirements of this chapter, but without a requirement for permits;

(3) To provide for temporary signs in limited circumstances;

(4) To prohibit all signs not expressly permitted by this chapter; and

(5) To provide for the enforcement of the provisions of this chapter.

(Ord. 2022-42. Passed 10-5-22.)

1151.03 DEFINITIONS.

(a) “A-Frame or Sandwich Board Sign.” A sign made of wood, cardboard, plastic, or other lightweight and rigid material having the capability to stand on its own rigid supporting frame in the form of a triangle or an inverted V and being portable and movable. Also known as a Sandwich Board sign.

(b) “Awning Sign.” Any hood or awningmade of cloth, metal, flexible plastic, or vinyl or withmetal frames attached to a building without ground mounted support.

(c) “Bulletin Board.” An announcement signwhichdirectsattention to and is located on the lot of a public or semipublic institution.

(d) “Canopy Sign.” A sign attached to the soffit or fascia of a canopy, covered entrance, or walkway.

(e) “Changeable Copy Sign.” A sign designed to display multiple or changing messages whether by manual, mechanical, or electronic means. Such signs are characterized by changeable letters, symbols, or numerals that are not permanently affixed to the structure, framing, or background, allowing the letters, characters, or graphics to be modified from time to time manually or by electronic or mechanical devices. Electronically changed signs may include either electronic message boards or digital displays and are defined separately.

(f) “Dilapidation.” Dilapidation includes any sign where elements of the sign area or background have portions of the finished material missing, broken, peeling, or illegible; where the structural support is visibly bent, broken, dented, rusted, peeling, corroded, or loose; or where the sign or its elements are not in compliance with the adopted electrical code and/or the building code.

(g) “Directional.” A sign indicating a direction or a location to which traffic, whether pedestrian or vehicular, is requested to move within the parcel for the purpose of traffic control and public safety.

(h) “Electronic Sign.” A changeable copy sign for which the text, letters, numbers, pictures, or symbols forming the informational portion of the sign consists of flashing, intermittent, or moving lights, including any LED screen or any other type of video display. This definition does not include signs that have internal or indirect illumination that is kept stationary or constant in intensity and color at all times when such sign is in use or any government sign located within the right-of-way that functions as a traffic control device and is described and identified in the Ohio Manual of Uniform Traffic-Control Devices.

(i) “Free-Standing Ground Sign.” A stationary sign which is not affixed to a building or supported by a pole or poles. It may be supported from the ground by means of a free-standing wall, monument, two or more support posts at the outside edge, or other structural support system.

(j) “Marquee Sign.” A sign attached to the soffit or fascia of a marquee, to a roof over an entrance, or to a permanent awning.

(k) “Permanent Sign.” A sign permanently affixed or attached to the ground or a structure and which cannot be removed without special handling, such as removing or dismantling the foundation or a portion thereof, fasteners, adhesives, or similar materials providing support or structural integrity for the sign.

(l) “Pole Sign.” A stationary two-face sign erected on a pole or poles that is wholly independent of any building for support. The faces shall be back-to-back and shall not be more than a foot apart.

(m) “Projecting Sign.” A sign that is attached to the wall of a building and is perpendicular to the flow of either pedestrian or vehicular traffic and has a leading edge extending more than twelve inches beyond the surface of the building.

(n) “Roof Sign.” A sign placed, inscribed, or supported upon a roof or upon any structure which extends above the roof line of any building.

(o) “Sign.” Any display, figure, painting, drawing, placard, poster, or other device, visible from a public way or adjoining property, which is designed, intended, or used to convey a message, advertise, inform, or direct attention to a person, institution, organization, activity, place, object, or product. It may be a structure or a part thereof or it may be painted on or attached directly or indirectly to a structure, material, or object. It may be painted on stone or be formed out of shrubbery.

(p) “Sign Area.” Sign Area for a Freestanding Ground Sign is the space enclosed within the extreme edges of the sign for each sign face, not including the supporting structure. Sign Area for a Wall sign, where it is attached directly to a building wall or surface, is the space within the outline enclosing all the characters of the words, numbers, or design.

(q) “Sign Face.” The entire display surface area of a sign upon, against, or through which copy is placed.

(r) “Suspended Sign.” A sign that is suspended from a canopy or along a pedestrian arcade that would exist without the sign.

(s) “Temporary.” A banner, pennant, poster, or advertising display constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood, or other like materials that appears to be intended or is determined by the Zoning Administrator to be displayed for a limited period of time.

(t) “Wall or Panel Sign.” A sign integral with the exterior face of an exterior wall of a building, or attached to the wall or parallel with the wall.

(u) “Window Sign.” A sign painted, attached, or affixed to the interior or exterior surface of a window or door of a building.

(Ord. 2022-42. Passed 10-5-22.)

1151.04 PROHIBITED SIGNS.

Signs shall be permitted in each use district and regulated as to type, size, and location as provided in this chapter. Unless otherwise specifically permitted herein, the following signs are prohibited in all districts:

(a) Pennants, ribbons, streamers, strings of light bulbs, spinners, feathered flag banners or signs, or other similar devices;

(b) Mobile, portable, or wheeled signs;

(c) Signs placed on parked vehicles or trailers for the purpose of advertising a product or business located on the same or adjacent property, excepting an identification sign which is affixed to a vehicle regularly operated in the pursuance of day-to-day business or activity of an enterprise;

(d) Inflatable Images;

(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 to any building;

(f) Signs containing flashing, moving, intermittent, or running lights or which imitate traffic control devices, provided however, that changeable copy signs shall be permitted as regulated by this ordinance;

(g) Signs which employ any part or element which revolves, rotates, whirls, spins, flutters, or otherwise makes use of motion to attract attention;

(h) Beacons or searchlights;

(i) High intensity strobe lights;

(j) Signs that hang less than eight and one-half feet above a pedestrian walkway or less than fourteen feet above a vehicular path;

(k) Window Signs, except as specifically authorized herein;

(l) Any illuminating tubing or strings of lights, including but not limited to, those outlining property lines, open sales areas, rooflines, doors, windows, landscaping, or the edges of walls, except for perimeter down-lighting that is shielded to illuminate open sales areas but no land outside those areas; and

(m) Off-Premises signs, which include signs advertising a product or service, including entertainment, whose product or service is not available for sale or performance at the place where the sign is located.

(Ord. 2022-42. Passed 10-5-22.)

1151.05 PERMIT REQUIRED.

(a) A zoning permit is required prior to the display, erection, or alteration of any sign, except as otherwise provided in this chapter. Repairs or maintenance not involving structural or electrical changes may be permitted without obtaining a permit. Changes to the support or frame, modifications, or replacement of the sign shall require a permit.

(b) Routine maintenance or changing parts of signs shall not be considered an alteration of a sign, provided that the maintenance or change of parts does not alter the type of installation, surface area, heights, or otherwise make the sign non-conforming.

(d) Upon determining that a sign application is complete and accurate, the Zoning Administrator shall approve the application. Sign applications that are incomplete shall be returned to the applicant for revisions.

(e) Any sign application that requires a variance shall first be submitted to the Planning and Zoning Commission for consideration.

(f) The applicant shall obtain all required building permits for sign construction.

(g) No signs, except highway safety signs, shall extend into any right-of-way.

(Ord. 2022-42. Passed 10-5-22.)

1151.06 VALIDITY OF PERMIT.

If the work authorized under a sign permit has not been completed within one year after the date of issuance, the permit shall become null and void.

(Ord. 2022-42. Passed 10-5-22.)

1151.07 FEES.

Fees for sign permits shall be charged in accordance with the schedule of fees adopted by Council.

(Ord. 2022-42. Passed 10-5-22.)

1151.08 PERMIT REVOCABLE AT ANY TIME.

All rights and privileges acquired under the provisions of this chapter, or any amendment hereto, are mere licenses that are revocable at any time by the Zoning Administrator.

(Ord. 2022-42. Passed 10-5-22.)

1151.09 REVOCATION.

The Zoning Administrator 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. 2022-42. Passed 10-5-22.)

1151.10 FAILURE TO OBTAIN A PERMIT.

Any person who erects, alters, or moves a sign after the effective date of this Chapter without obtaining a permit as required by this section, shall be subject to the penalties and/or remedies provided by Section 1151.99. (Ord. 2022-42. Passed 10-5-22.)

1151.11 PERMITS NOT REQUIRED.

Permits are not required for the following signs:

(a) Signs that are an integral part of the original construction of vending or similar machines, fuel pumps, or similar devices;

(b) Any official or public notice or warning required by a valid and applicable federal, state, or local law, regulation, or chapter, by a public utility company, or by order of a court of competent jurisdiction;

(c) Traffic signs such as Stop, Yield, and similar signs that meet Ohio Department of Transportation standards and contain no commercial message;

(d) Any sign inside a building, not attached to a window or door, that is not visible from off the site on which it is located;

(e) Any sign inside an athletic field or other enclosed outdoor space, where the sign is not legible from off the site on which it is located;

(f) Works of art with no commercial message;

(g) Holiday decorations with no commercial message;

(h) Signs that are constructed of paper, cloth, or similar expendable material, attached to the inside of a window, do not exceed eight (8) square feet in sign face area, and do not cover more than twenty-five percent (25%) of the area of the window pane; and

(i) Temporary Ground Signs in Residential districts.

(Ord. 2022-42. Passed 10-5-22.)

1151.12 MEASUREMENT DETERMINATIONS.

The following directives shall be the basis for determining sign area, sign height, and building or tenant frontage.

(a) The sign area and dimensions shall include the entire face of the sign from edge to edge, including any frame or structure around the perimeter of the sign.

(1) For a sign comprised of individual letters, figures, or elements on a wall or similar surface of a building or structure, or an irregular shaped free-standing sign, the area of the sign shall be the area of not more than three (3) adjacent regular geometric shapes that encompasses the perimeter of all the elements in the display. Regular geometric shapes are squares, rectangles, circles, ovals, triangles, and trapezoids.

(2) When separate elements are organized to form a single sign but the elements are separated by open space, the area of the sign shall include the space between the elements.

(3) The sign area for a multi-faced sign is calculated based on the principle that all sign elements can be seen at one time or from one vantage point should be considered in measuring that side of the sign.

(b) Free-Standing Ground Signs.

(1) The sign area shall be computed by the measurement of one of the faces when two identical display faces are joined, are parallel, or are within sixty (60) degrees of being parallel to each other and are at no point separated by a distance that exceeds two feet.

(2) The portion of a solid sign base, up to a maximum height of two (2) feet, may be excluded from the calculated sign area, provided such base is adequately screened by landscaping.

(c) Projecting Signs. Air between a projecting sign and the wall to which it is attached and detached lighting fixtures and associated brackets shall not be included in the calculation of sign area.

(d) Wall Signs. The area of a of a wall sign or other sign with only one face shall be computed by the means of the smallest rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign form the backdrop or structure against which it is placed, but not including any supportive framework, base, bracing, or decorative fence or wall when such a fence or wall meets the regulations of this chapter and is clearly incidental to the display itself. For a single wall sign on a single-occupant building, all pieces of information or other graphic representations on that wall shall be measured as though part of one sign, encompassed within one rectangle that may not exceed ten percent (10%) of the total wall area to which the sign is affixed. For a single wall of a multi-occupant building, the area of signs shall be computed using these principles and the total of all signs shall not exceed ten percent (10%) of the total wall area to which the signs are affixed.

(1) A single wall shall mean the entire wall that shares the same architectural elevation as shown on the approved site plan. Architectural elevations are typically defined as the front, sides, and rear of a building.

(2) Regardless of whether a single wall has wall sections that project, recess, or otherwise vary from the predominate wall plane, the rectangle shall include all signs that appear on the same architectural elevation.

(3) For multi-occupant buildings with in-line tenants, all signs associated with a given occupant shall be enclosed with a single rectangle for purposes of calculating allowable sign area.

(4) For multi-occupant buildings, where occupants are not aligned in a row (with each occupant having a separate outside entrance), all pieces of information or other graphic representations on that wall which relate to an individual occupant or business within the building shall be measured as though part of one sign. The total area of all individual signs will be allowed to occupy no more space than ten percent (10%) of the total wall area to which the signs are affixed.

(e) Sign Height. The height of a free-standing ground sign shall be measured from the average natural grade at the base of the sign or support structure to the tallest element of the sign or its support structure. A free-standing ground sign on a man-made base, including a graded earth mound, shall be measured from the average site grade prior to any grade change in the area of a sign. In cases where the normal grade is below grade at street level, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public or private street.

(f) Building Frontage and Building Unit. Building frontage shall mean the horizontal length of a building on the side with its principle entrance. If that side has a straight wall, then the building frontage shall be the length of the wall. If the side is not a straight wall, the building frontage shall be the horizontal distance to the corner at one end of the side of the building with the principal entrance to the other corner of the same side of the building; where that side of the building is concave, then the measurement shall be made in a straight line from corner to corner; and where the side of the building is convex or has one or more sections that project in front of the front corners, then the measurement shall be made as the shortest distance between the two (2) lines projected from the two (2) front corners of the building, with such lines parallel to each other and as close as practicable to perpendicular to the front of the building. (Ord. 2022-42. Passed 10-5-22.)

1151.13 GENERAL PROVISIONS.

(a) All signs shall be of substantial construction so as to withstand weather conditions such as rain, snow, wind, and freezing and thawing, without deterioration of the sign or its structure. Cloth, paper, or any other temporary materials shall not be permitted on permanent signs.

(b) All signs shall be constructed, erected, and maintained in accordance with the State of Ohio Building Code.

(d) Illuminated signs are permitted pursuant to the following regulations:

(1) Signs may be internally illuminated with LED’s or similar technology, provided that the sign shall be factory set so that the luminance of the sign shall not exceed a maximum of three (3) foot candles measured ten (10) feet from the sign’s face at maximum brightness. Internally illuminated signs shall be equipped with a reduced intensity nighttime setting device activated by photocell or timer.

(2) External illumination of signs shall not be of excessive brightness and shall be designed and shielded so as to prevent glare and minimize light trespass onto adjacent properties and prevent view of the light source from any adjoining residential property and/or vehicles traveling on public rights-of-way. In no instance shall the intensity of the light exceed twenty foot candles at any point on the sign face.

(3) No sign shall be illuminated between the hours of 2:30 a.m. and 5:00 a.m., unless the activity displaying the sign is open for business during those hours. The Zoning Administrator is authorized to grant an exception from the provisions of this section to any activity in which illumination of signs during the hours otherwise proscribed is necessary or desirable for the security and safety of the activity or property.

(e) Electronic message, multiple message, and variable message signs that are changed electronically shall conform to the following standards:

(1) Electronic Message signs shall only be permitted in the C Commercial or Mixed Use Districts;

(2) Each message or copy shall remain fixed for at least eight (8) seconds;

(3) Messages shall not flash, include animation, or emit intermittent light.

(4) Changes to messages, copy, or images shall be accomplished in not more than three (3) seconds;

(5) Changes in the message or display are not permitted between the hours of 12:00 a.m. and 6:00 a.m.;

(6) Each such sign must be capable of regulating the digital display intensity, and the light intensity level of the display must automatically adjust to natural ambient light conditions;

(7) No such sign shall be of such intensity as to create a distraction or nuisance for motorists;

(8) Displays shall not emulate traffic control devices;

(9) Such signs shall contain a default design that will freeze the sign in one position or cause it to go dark if a malfunction occurs;

(10) The entire message shall change at once, without scrolling, animation, flashing, blinking or other movement or noise.

(f) The changeable copy portion of any free-standing ground sign or wall sign shall not exceed seventy-five percent (75%) of the total area of the sign.

(g) Temporary signs shall not be illuminated.

(h) Signs not visible or intended to be read from off the premises are exempt from these regulations.

(i) All signs shall be erected entirely on private property with no part of said sign extending over the public street or right of way.

(j) Clear Sight Triangle. No sign shall be erected in the clear sight triangle as defined by the Zoning Ordinance. The sight triangle is a triangular-shaped portion of land established at street intersections and driveways in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Dimensions for the clear sight triangle are shown in the following diagram:

(k) All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this chapter. Specifically:

(1) Any permanent sign, supports, and lighting which advertises a business no longer conducted on the premises, fails to serve the purposes for which it was intended, or evidences a lack of maintenance, shall be removed by the owner, agent, or person having the beneficial use of the building, structure, or land upon which such sign is located. If not removed by the owners or occupants of the property within thirty (30) days of the notice of same, the Zoning Administrator shall cause the signs to be otherwise removed, and the cost of the removal shall be billed to the property owner;

(2) A sign shall have no more than twenty percent (20%) of its surface area covered with disfigured, cracked, ripped, or peeling paint, poster paper, or other material for a period of more than thirty (30) days;

(3) A sign shall not stand with bent or broken sign facing, with broken supports, with loose appendages or struts, or more than fifteen (15) degrees from vertical for a period of more than thirty (30) days;

(4) A sign shall not have weeds, trees, vines, or other vegetation growing upon it, or obscuring the view of the sign from the public right-of-way from which it is viewed, for a period of more than thirty (30) days;

(5) An internally illuminated sign shall be allowed to stand with only partial illumination for a period of no more than thirty (30) days;

(6) Flags shall not be faded, tattered, or torn;

(7) Upon determination that a sign is not being maintained, is in poor condition or repair, or is unsafe, the Zoning Administrator may order such sign to be brought into compliance or removed within a specified time period. Should the property owner fail to bring the sign into compliance as directed, the Zoning Administrator may remove (or cause to be removed) or maintain such sign at the expense of the person, firm or corporation who erected the sign or on whose premises it was erected, affixed, or attached. Each such person, firm, or corporation shall be individually and separately liable for the expense incurred in the removal of the sign. In the event of nonpayment of the removal expenses, the Zoning Administrator may request Council to certify any unpaid removal expenses to the County Auditor for placement on the tax duplicate for the subject property. The Zoning Administrator may also institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such violation.

(Ord. 2022-42. Passed 10-5-22.)

1151.14 SIGNS PERMITTED IN R-1 and R-2 RESIDENTIAL DISTRICTS.

(a) The following sign regulations are established for residential uses in R-1 and R-2 Residential Districts. No permit shall be required for the following signs unless specifically listed:

(1) Permanent Signs.

A. One permanent free-standing ground sign not more than eight (8) square feet in area nor four (4) feet in height.

B. Two (2) permanent free-standing ground signs, neither of which shall be more than four (4) square feet in area nor four (4) feet in height.

C. One non-illuminated wall sign not to exceed eight (8) square feet.

D. A permit is required for permanent signs described in this subsection (1).

(2) Temporary Signs.

A. A total of twelve (12) square feet of temporary signs not more than eight (8) feet in height. No single sign shall be larger than six (6) square feet. The total number of signs is not limited provided the signs are in compliance with the maximum amount of area permitted.

B. One temporary free-standing sign not exceeding twenty-four (24) square feet in area nor eight (8) feet in height may be erected during active construction of a residence or a residential subdivision development, provided that no such sign shall be displayed after the certificate of occupancy is issued to the residence or seventy-five percent (75%) of single-family residences associated with the development plan have received a certificate of occupancy.

C. No permit shall be required for the temporary signs described in this subsection (a)(2).

(3) No sign permitted by this section shall be illuminated.

(4) No sign shall be erected closer than fifteen feet from the pavement of a street, within three feet of any property line, or within the clear sight triangle as defined by Section 1151.13 (j).

(b) The following sign regulations are established for non-residential uses in the R-1 and R-2 Residential Districts. Permits shall be required for the following signs:

(1) Permanent Signs.

A. Freestanding Ground Signs.

1. One permanent free-standing sign not more than thirty-six (36) square feet in area nor six (6) feet in height. Such signs are permitted to have up to seventy-five percent (75%) of the sign face comprised of changeable copy.

2. Two (2) permanent free-standing signs, neither of which shall be more than twelve (12) square feet in area nor four (4) feet in height.

3. Two (2) directional signs not more than four (4) square feet in area nor four (4) feet in height each.

4. Permanent signs permitted by this section may be externally illuminated provided the external illumination of the sign shall not be of excessive brightness and shall be designed and shielded so as to prevent glare and minimize light trespass onto adjacent properties and to prevent view of the light source from any adjoining residential property and/or vehicles traveling on public rights-of-way.

B. Wall Signs.

1. One wall sign per public entrance not to exceed six (6) square feet in area; and

2. Such sign shall may be illuminated only by direct, external illumination.

(2) Temporary Signs. Non-Residential uses shall be allowed a temporary sign, regardless of whether a temporary use permit is required and whether the use is specifically permitted, provided that:

A. Only one such sign shall be allowed per property at a time;

B. Such sign shall be located on private property;

C. Such sign, if a ground sign, shall be limited to eight (8) feet in height and twenty-four (24) square feet in area per side;

D. Such sign, if attached to a wall, shall be limited to thirty-six (36) square feet in area; and

E. Such sign shall not be illuminated.

(3) No sign shall be erected closer than fifteen (15) feet from the street right of way line, within three (3) feet of any property line, or within the clear sight triangle defined by Section 1151.13(j).

(Ord. 2022-42. Passed 10-5-22.)

1151.15 SIGNS PERMITTED IN R-M RESIDENTIAL MULTI-FAMILY AND R-MHP RESIDENTIAL MOBILE HOME PARK DISTRICTS.

(a) The following sign regulations are established for residential uses in the R-M Residential Multi Family and R-MHP Residential Mobile Home Park Districts. Permits shall be required for the following signs:

(1) Permanent Signs.

A. Freestanding Ground Signs.

1. One permanent free-standing sign not greater than thirty-six (36) square feet in area nor six (6) feet in height shall be permitted at each entrance to a Multiple Family development.

2. Two (2) permanent free-standing signs, neither of which shall be more than twelve (12) square feet in area nor four (4) feet in height.

3. Two (2) Directional signs not more than four (4) square feet in area nor four (4) feet in height each.

B. Wall Signs.

1. One wall sign per public entrance not to exceed six (6) square feet in area; and

2. Such sign shall may be illuminated only by direct, external illumination.

(2) Temporary Signs.

A. A total of thirty-six (36) square feet of temporary signs not more than six (6) feet in height. No single sign shall be larger than twenty-four (24) square feet. The total number of signs is not limited provided the signs are in compliance with the maximum amount of area permitted.

B. One temporary free-standing sign not exceeding twenty-four (24) square feet in area nor six (6) feet in height may be erected during active construction of a residential development, provided that no such sign shall be displayed for longer than two (2) years.

(3) No sign shall be erected within six (6) feet of any property line or within the clear sight triangle as defined by Section 1151.13(j).

(b) The following sign regulations are established for non-residential uses in the R-M Residential Multi-family and R-MHP Residential Mobile Home Park Districts. Permits shall be required for the following signs.

(1) Permanent Signs.

A. Freestanding Ground Signs.

1. One permanent free-standing ground sign not more than thirty-six (36) square feet in area nor six (6) feet in height.

2. Two (2) permanent free-standing signs, neither of which shall be more than twelve (12) square feet in area nor four (4) feet in height.

3. Two (2) Directional signs not more than four (4) square feet in area nor four (4) feet in height each.

4. Permanent Signs permitted by this section may be externally illuminated provided the external illumination of the sign shall not be of excessive brightness and shall be designed and shielded so as to prevent glare and minimize light trespass onto adjacent properties and to prevent view of the light source from any adjoining residential property and/or vehicles traveling on public rights-of-way.

B. Wall Signs.

1. One wall sign per public entrance not to exceed six (6) square feet in area; and

2. Such sign shall may be illuminated only by direct, external illumination.

(2) Temporary Signs. Non-Residential uses shall be allowed a temporary sign, regardless of whether a temporary use permit is required and whether the use is specifically permitted, provided that:

A. Only one such sign shall be allowed per property at a time;

B. Such sign shall be located on private property;

C. Such sign, if a ground sign, shall be limited to eight (8) feet in height and twenty-four (24) square feet in area per side;

D. Such sign, if attached to a wall, shall be limited to thirty-six (36) square feet in area; and

E. Such sign shall not be illuminated.

(2) No sign shall be erected within six (6) feet of any property line or within the clear sight triangle defined by Section 1151.01(j).

(Ord. 2022-42. Passed 10-5-22.)

1151.16 SIGNS PERMITTED IN THE C-1 CENTRAL BUSINESS DISTRICT, C COMMERCIAL DISTRICT, MIXED USE DISTRICT AND I-1 INDUSTRIAL DISTRICT.

The following sign regulations are established for uses in the C-1 Central Business District, C Commercial District, Mixed Use District, and I-1 Industrial District.

Permits are required for all signs.

(a) Permanent Signs.

(1) Freestanding Ground Signs. Freestanding ground signs shall be allowed, provided that:

A. Ground signs shall not exceed eight (8) feet in height. The maximum size of ground signs shall not exceed forty (40) square feet per side or eighty (80) square feet total;

B. Such signs shall not be placed in the public right-of-way or within the clear sight triangle as defined in Section 1151.13(j);

C. Such signs are permitted to have up to seventy-five percent (75%) of the sign face comprised of changeable copy;

D. Both sides of a two-sided ground sign shall be identical; and

E. There shall be only one ground sign plus one additional ground sign for street frontage on a second public street. An additional third ground sign may be permitted if a multi-occupant project has street frontage on a third public street. These additional signs may be permitted provided that no two (2) ground signs shall be within three hundred (300) feet of each other and actual entrances to the site have been constructed from such streets.

(2) Wall Signs.

A. The total area of an individual wall sign on a building shall be limited to one and one-half (1½) square feet in area for each linear foot of building frontage, and the fact that signs may be permitted on more than one wall of the building shall not increase this maximum; but in no case shall the total area of an individual wall sign be permitted to exceed ten percent (10%) of the total wall area to which the sign is affixed;

B. Such signs are permitted to have up to seventy-five percent (75%) of the sign face comprised of changeable copy;

C. The total number of wall signs shall be limited to two (2) for single tenant and multi-tenant buildings that share a common principal entrance;

D. No wall sign shall project above the highest point of the building wall on the same side of the building as the sign; this shall include any other signs not affixed directly to such wall;

E. On a single occupancy building, all signage or message elements on a single elevation shall be considered parts of the same sign and shall be measured by a rectangle surrounding all of them;

F. On a multi-occupancy building, each occupant with a separate individual outside entrance serving the general public may have a separate wall sign.

G. Corner tenants with a door or window on their side walls and tenants with a separate outside entrance serving the general public where such entrance is in a different exterior wall from any other entrance shall be allowed one additional wall sign;

H. Wall signs shall be affixed flat to the wall of the building and not project more than one foot; and

I. Signs may be illuminated only in conformance with Section 1151.13(d).

(3) Marquee Signs.

A. Marquee signs shall not exceed an area equal to twenty-five percent (25%) of the face of the marquee on which the sign is affixed;

B. Marquee signs are subject to the same size regulations for wall signs;

C. Where a marquee and wall sign are used in conjunction with each other, the total square footage of both signs must be added together to determine the total square footage permitted.

(4) Pole Signs. One pole sign per building shall be allowed, provided that such sign shall not exceed sixteen (16) feet in height, and the lowest horizontal projecting feature of the sign shall not be less than eight and one-half (8½) feet above grade. The pole sign shall not exceed forty (40) square feet in area. Signs shall not be located closer than five (5) feet to a property line.

(5) Projecting Signs. Projecting signs shall be allowed, provided that:

A. The number of such signs shall not exceed one per tenant;

B. The sign area of the signboard shall not exceed six (6) square feet per side and twelve (12) square feet in total;

C. The height of the top edge of the signboard or bracket shall not exceed the height of the wall from which the sign projects;

D. No element of the sign shall hang lower than seven (7) feet above the ground or pedestrian walkway;

E. Since projecting signs may extend over the public right-of-way, they shall be mounted and attached to buildings in a secure manner;

F. The sign, brackets, and mounting devices shall be maintained in good repair for both safety and appearance;

G. Such signs shall be mounted so that the method of installation is concealed to the extent practical;

H. The signboard or bracket shall not project more than three (3) feet from the wall;

I. Projecting signs may be illuminated indirectly;

J. Internal illumination is prohibited;

K. All indirect lighting or spot lighting shall require complete shielding of all light sources so as to illuminate only the face of the sign and prevent glare from off-site;

L. All lettering and graphics shall be permanent; and

M. Changeable copy is prohibited.

(6) Awning Signs.

A. Awning signs shall be allowed, provided that:

B. On a single-occupant property, one awning sign may be allowed only in lieu of all other signage otherwise permitted on the wall to which the awning is attached;

C. On a multi-occupant property, one awning sign may be allowed over each occupant entrance, in lieu of other wall signs;

D. The maximum area of an awning sign shall not exceed twenty percent (20%) of the total awning face front and side area; and

E. Awning signs may be illuminated only with direct surface lighting and not with any form of backlighting when located in a C-1 Commercial District.

(7) Canopy Signs. Canopy signs are subject to the same size regulations for wall signs and shall not exceed an area equal to ten percent (10%) of the canopy.

(8) Suspended Signs. Suspended signs shall be permitted provided that the following requirements are met:

A. Such signs shall not exceed one per tenant in a multi-tenant building;

B. Such signs shall not exceed three (3) square feet in area; and

C. There is a minimum of eight and one-half (8½) foot clearance from the bottom of the sign to the ground.

(9) Directional Signs. Free-standing directional signs not exceeding two (2) square feet in area and located not more than four (4) feet above grade shall be permitted at each access drive to the site.

(b) Temporary Signs. Temporary Signs shall be allowed, provided that:

(1) Such signs shall be located only on private property;

(2) Sign permits shall be limited to a duration of thirty (30) days or for a reasonable period of time stated on the temporary use permit. Businesses undergoing a façade change or exterior renovation may have a temporary wall sign for a maximum of ninety (90) days. The Zoning Administrator shall have the authority to extend the duration of the temporary sign permit for new businesses or businesses undergoing exterior renovation for up to a maximum of sixty (60) days;

(3) No more than one temporary sign permit shall be issued within any twelve (12) month period for the same business in the same location;

(4) Such permits for new businesses shall be issued only upon the initial opening of a business for a period that shall end not later than sixty (60) days after issuance of the first business license for that business in that location or from the issuance of a Certificate of Occupancy for that location;

(5) Except as permitted by a temporary use permit, temporary signs shall be attached to and parallel with a wall of the building on which wall signs are permitted and shall not exceed forty (40) square feet in surface area;

(6) Such signs may be made of cloth or canvas and are not subject to the construction and installation requirements otherwise applicable;

(7) Where a temporary use permit specifically authorizes the use of a temporary ground sign, such sign shall not exceed six (6) feet in height and twenty-four (24) square feet in area per side;

(8) There shall be only one temporary ground sign, plus one additional temporary ground sign for street frontage on a second public street. This additional sign may be permitted provided that no two (2) temporary ground signs shall be within three hundred (300) feet of each other and actual entrances to the site have been constructed from such streets; and

(9) Such signs shall not be placed in the public right-of-way or within the clear sight triangle as defined in Section 1151.13(j).

(1) The total area of all window signs, inclusive of both permanent and temporary, shall not exceed twenty percent (20%) of the gross glass area on any one side of the building,

(2) A maximum of two (2) illuminated window signs shall be permitted for each business. Illuminated signs shall meet safety requirements by having a backing and self-contained transformer. All components shall be UL approved.

(d) Sandwich Board Signs. Sandwich board signs shall be allowed as follows:

(1) Only one sandwich board sign per street frontage per business is permitted.

(2) Such signs shall not exceed ten (10) square feet in sign area per side.

(3) Any sandwich board sign shall not exceed two (2) linear feet in width, with a maximum height of five (5) feet. Within these specified maximum dimensions, creative shapes that reflect the theme of the business are encouraged;

(4) The sign must be constructed of materials that present a finished appearance. Rough-cut plywood is not acceptable.

(5) The sign lettering should be professionally painted or applied; hand painted or paint stenciled letters are not acceptable, however, chalkboard signs shall be permitted;

(6) The sign shall be located on the same parcel and within six (6) feet of the building exterior of the business installing the sign, and its location shall not interfere with pedestrian or vehicular circulation;

(7) The sign shall be removed at the end of the business day;

(8) Such signs shall only be permitted within a C-1 Commercial or Mixed Use District;

(9) Any person erecting a sandwich board sign shall indemnify and hold harmless the municipality and its officers, agents, and employees, from any claim arising out of the presence of the sign on municipal property or within a public right-of-way.

(10) Signs located on sidewalks or pedestrian paths must provide a minimum of five (5) feet clear area for passage of pedestrians.

(11) No attachments, illumination, banners, balloons, ribbons, flags or moving parts are permitted with the sign.

(Ord. 2022-42. Passed 10-5-22.)

1151.17 NONCONFORMING SIGNS.

(a) Permanent Signs that were legally in existence prior to the effective date of this chapter, but do not conform to the provisions hereof, may be maintained as a matter of right, provided such signs comply with all provisions relating to safety, maintenance, and repair.

(b) A nonconforming sign shall not be structurally altered, relocated, or replaced unless it is brought into compliance with the provisions of this chapter.

(c) If a sign is damaged to the extent where the repair cost exceeds fifty percent (50%) of the replacement cost of the sign, the sign shall be removed and brought into compliance with this Chapter. If the repair costs do not exceed fifty percent (50%) of the replacement cost of the sign, the sign may be repaired consistent with the existing design, provided all repair work is completed within sixty (60) days of the date the damage was incurred.

(d) A legal nonconforming sign shall immediately lose its legal nonconforming status, and therefore, shall be brought into conformance with this chapter or removed, when any of the following occur:

(1) The size or shape of the sign is changed;

(2) The sign structure is modified; or

(3) The sign is modified in any way that would increase the degree of nonconformity of such sign.

(e) Notification of all violations shall be made by the Zoning Administrator.

(Ord. 2022-42. Passed 10-5-22.)

1151.99 PENALTY.

A person convicted of violating this section is guilty of a misdemeanor of the fourth degree and is subject to a fine of not more than two hundred fifty dollars ($250.00) and/or up to thirty (30) days in jail per offense. A company or organization convicted of violating this chapter in accordance with Section 501.11 of the Newton Falls Codified Ordinances shall be guilty of a fourth degree misdemeanor and be subject to the organizational fourth degree misdemeanor financial penalty threshold set forth in Section 501.99(c) of the Newton Falls Codified Ordinances of not more than two thousand dollars ($2,000) per offense.