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Ontario City Zoning Code

CHAPTER 1146

Signs

1146.01 PURPOSE.

   The purpose of this Chapter is to promote public health, safety, and welfare through the establishment of standards for signs throughout the City. Specifically, it is the intent of this chapter to control the type, design, size, location, illumination, enforcement, and maintenance of signs, in order to:
(a)    Reduce the hazards to motorists and pedestrians from the distraction and obstruction that may be caused by unsafe signs, or an excessive amount, or proliferation of signs;
(b)    Enhance and protect the quality of all land uses, property values, and aesthetics of the community, through reasonable and appropriate controls relating to size, type, and design of signs;
(c)    Ensure appropriate safety of signs through controls on construction and maintenance; and
(d)    Ensure fair and consistent enforcement of this Chapter.
      (Ord. 08-18. Passed 5-15-08.)

1146.02 DEFINITIONS.

   (a)    “Accessory Sign” means a sign used to advertise brand name of articles sold, credit cards accepted, or services to be sold or provided on the premises.
(Ord. 08-18. Passed 5-15-08.)
   (b)   "Banner" means a temporary sign made of flexible lightweight fabric, vinyl, or similar material with no enclosing framework that is mounted or secured to a building or two or more posts.
(Ord. 23-03. Passed 5-3-23.)
   (c)    “Billboard” means a sign that directs attention to, or advertises, or identifies a business, commodity, service, entertainment, or commercial activity offered at a location other than the lot on which the sign is located.
   (d)    “Business Promotional Sign” means a temporary sign that directs attention to or advertises a product, service, or other commercial business promotion and is located on the premises.
   (e)    “Changeable Copy” means a sign wherein characters, letters, illustrations, or similar marks change or rearrange without altering the face of the sign. This does not include a sign that has an electronic or mechanical indication of time and temperature.
   (f)    “Community activity/special event Signs” means any sign describing, announcing, or promoting an activity or event that is not for profit and that is open to the general public.
   (g)    “Construction Sign” means a temporary sign denoting name of builder, general contractor, subcontractors, or project financier.
   (h)    “Directional Sign” means any sign with words or symbols used to assist motorists or pedestrians find a specific location, or making use of words “visitors,” “parking,” “receiving,” “information,” or arrows.
   (i)    “Electronic Message Display” means a sign that can be electronically or mechanically changed by remote or automatic means wherein words or symbols may dissolve, fade, scroll or move in some manner, or remain static to attract the attention of viewers.
   (j)    “Flag” means any sign of cloth or similar material, anchored along one side and displayed from a single pole, either freestanding or attached to a building.
   (k)    “Garage Sale Sign” means a temporary sign located on a residential property advertising personal property for sale, including a yard, porch, or “moving sale” sign.
(Ord. 08-18. Passed 5-15-08.)
   (l)    “Ground Sign” means a free-standing sign having a maximum height of ten feet.
(Ord. 10-24. Passed 6-3-10.)
   (l.1)   “Institution” means churches, temples, hospitals, wellness centers, nursing homes, elementary, middle and high schools, private clubs, lodge halls, golf clubs (excluding ‘par-3' golf courses), swimming pool and tennis clubs or similar types of clubs, stadiums, sports arenas or similar places of assembly, theaters and auditoriums and facilities of higher education.
(Ord. 09-19. Passed 4-16-09.)
   (m)    “New Business Sign” means a temporary sign displayed on the premises to identify a newly established business that has changed ownership or is newly located to the premises. A “new business” means any newly established business, or an existing business that is operating at a different location or under new ownership, and has been open to the public for less than sixty (60) days.
   (n)    “Memorial” means a sign in memory or remembrance of a person or event.
   (o)    “Outdoor Display Sign” means a sign used in conjunction with an outdoor display of merchandise available on the premises.
(Ord. 08-18. Passed 5-15-08.)
   (p)    “Pole Sign” means a free-standing sign supported wholly by one or more poles, pipes, posts having a height of more than ten feet.
(Ord. 15-22. Passed 7-2-15.)
   (q)    “Private Contractor Sign” means a temporary sign denoting the contractor’s name, business name, and appropriate contact information.
   (r)    “Project Identification Sign” means a temporary sign constructed on site to promote a proposed development and denotes name and nature of project, name of builder or developer, architect, engineer, general contractor, and/or project financier.
   (s)    “Real Estate Sign” means a temporary sign advertising or implying the sale, rental, or lease of a building, parcel of land, or structure.
   (t)    “Roof Sign” means a sign which is constructed and maintained above the roof of a building.
   (u)    “Sign” means any writing, pictorial representations, illustration, emblem, symbol, design, mark, stroke, stripe, or other figure of similar character that is a structure or part of a structure, that is attached, erected, fastened, constructed to, or represented on, or manufactured in a manner to identify or draw attention to a place, person, or activity, that is visible from any public right of way or other lot or parcel, and used for the purposes of advertising and/or to provide information to the public. 
   (v)    “Subdivision Sign” means a permanently installed sign used to identify a subdivision or housing complex.
   (w)    “Temporary Sign” means any sign not permanently mounted.
   (x)    “Wall Sign” means any sign applied, attached, or painted onto the exterior surface of any building or structure.
   (y)    “Window Sign” means any sign affixed to the surface window and visible from the exterior of a building or structure to the general public.
(Ord. 08-18. Passed 5-15-08.)
   (z)   Reserved.
   (aa)   “Free-Standing Sign” means any sign which is supported by structure(s) anchored in or upon the ground and independent of support from any building.
   (bb)   “Monument Sign” means a ground sign attached to a wall or base specifically constructed for the display of the sign.
   (cc)   “Post and Panel Sign” means a ground sign less than six feet in height having display area less than 32 square feet consisting of a panel attached to two posts.
(Ord. 10-24. Passed 6-3-10.)
   (dd)   “Joint Identification Sign” means a sign which serves as a common or collective identification for two or more uses located within the same building, or which share a common wall, or for two or more buildings located within a jointly used area, provided the buildings are in close proximity to one another.
(Ord. 14-47. Passed 9-4-14.)
   (ee)   “Porta-Panel Sign” A portable sign, mounted on wheels and used for commercial as well as civic promotions. (Ord. 15-22. Passed 7-2-15.)
   (ff)   "Hospital Signs" Hospital. "Hospital" or will become a hospital, means an establishment which provides accommodations or medical or surgical facilities and services for the observation, diagnosis and care of two (2) or more individuals, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient or training facilities. Must also be licensed by the Ohio Department of Health and accredited by an approved centers for Medicare, Medicaid services (CMS) body.
   (gg)   "Pennant" A triangular-shaped banner displaying no images or words.
 
   (hh)   "Ribbon" A rectangular-shaped banner displaying no signage.
   (ii)   "Streamer" A ribbon-shaped or cord-like rope that may have multiple pennants or ribbons attached and which is stretched or hung between two supports.
   (jj)   "Feather banner/flag" A professionally produced flag made of cloth, plastic, or similar material which is elongated and affixed to a bow which is intended to move or blow in the wind and contains language for advertisement, greeting or similar messaging purposes.
   (kk)   "Primary Sign"- A sign that is generally larger in scale or prominence and is the main business identifier. (Ord. 23-03. Passed 5-3-23.)

1146.03 SIGNS BY NUMBER, SIZE AND LOCATION.

   (a)    Methods That Control the Computations of Sign Area and Height.
      (1)    Area computation for individual signs. The area of the face of a sign shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the sign, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the back drop or structure against which it is placed. Any supporting framework, bracing, or decorative fence or wall when clearly incidental to the display shall not be computed as part of the total sign face.
      (2)    Area computation of multi-faced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same sign structure and are not more than forty two inches apart, the sign area shall be computed by the measurement of one face.
      (3)   Area computation by spherical signs. The sphere shall be bisected by an imaginary plane through the center of the sphere and the surface area of the half-sphere shall be counted as the sign face.
      (4)   Computation of height. The height of a sign shall be computed as the distance from the base of the sign at average grade to the top of the highest attached component of the sign.
   (b)    Methods That Control the Number and Location of Signs.
(1)   The City has determined that the use of land is a significant factor in determining the size, number, and location of signs.
(2)   Signs placed in residential areas are of particular consideration to the purposes of this Chapter in promoting the public health, safety, and welfare through establishing standards for signs. The following characteristics of residential areas, including, but not limited to, homes with parking on streets, numerous access points onto streets via driveways, school crossings and bus stops, children playing in yards and at local parks, increased pedestrian traffic, limited sidewalks, and other community activities highlight the importance of standards about the type, design, size, location, illumination, enforcement, and maintenance of signs to:
         A.   Reduce the hazards to motorists and pedestrians from the distraction and obstruction that may be caused by unsafe signs, or an excessive proliferation of signs; and,
         B.   Enhance and protect the quality of all land uses, property values, and aesthetics of the community.
      (3)   Considerations pertaining to the safety of motorists and pedestrians traveling in commercial and industrial areas, such as ensuring readability of signs, permit more variation in the type, design, size, location, and illumination of signs.
    (c)    The Following Signs Are Permissible Without a Permit and Under the Following Criteria for All Zoning Districts.  
   NOTE: Signs (1) to (6) require a minimum set back of 10 feet from the right of way. (Ord. 08-18. Passed 5-15-08.)
 
(1) Garage Sale
One sign per lot
Maximum area/side: 6 sq. ft.
Two additional signs may be placed within the City to direct customers and must be located at least fifteen feet (15') from the edge of the road, twenty feet (20') from the edge of the roads in an intersection
(2)    Residential Real Estate
(for sale or lease)
Two signs per lot
On premises
Maximum area/side: 8 sq. ft.
(3)    Commercial Real Estate
(for sale/lease)
One sign per lot
4 ft. by 8 ft. for commercial buildings over 5000 sq. ft./land parcels greater than 5 acres
3 ft. by 4 ft. for commercial buildings under 5000 sq. ft./land parcels between 1 to 5 acres
On premises
Maximum height of 6 ft.
(4)    Project Identification
Maximum area/side of 32 sq. ft.
Maximum height of 6 ft.
Developments larger than 3 acres may display one sign per each street frontage and one additional sign if street frontage exceeds 1000 ft.
Maximum display time is the lesser of 2 years, the duration of construction activity, or until 60% of the development is leased or sold
(5)    Window Signs
Not to exceed 50% of the total window pane area
(6)    Construction
Maximum area/side of 32 sq. ft.
Maximum height of 6 ft.
During construction
If multiple signs, maximum total area of all signs on site 80 sq. ft. or less
(7)    Directional Signs
Maximum area/side 4 sq. ft.
Maximum height of 4 ft.
(8)    Open house directional signs
One per street intersection
Between the hours of 9am-6pm the day of the open house
Maximum area/side of 4 sq.ft.
Maximum height of 3 ft.
(9)    Memorial
One per site or building
Maximum area of 2 sq.ft.
Maximum height of 10 ft.
(10)    Private contractor sign
Maximum display area of 3 sq. ft.
Displayed on premises of work site
While on the job
(11)    Home occupation name and address plate
One per dwelling
Maximum area of 2 sq. ft.
Attached to dwelling
(12)    Entrance/exit
Two per site
2 sq. ft. (area/side) for residential
4 sq. ft. for business
5 sq. ft. for industrial
(13)    Flags
Do not exceed 60 sq. ft. in area
Minimum setback equal to pole height
                  
 
(14)    Community activity/special event signs
Provide name of the organization, name and phone number of contact person, dates the sign(s) will be posted, size, and location of sign(s) to Zoning Inspector
Maximum of twenty (20) offsite
Placed no earlier than fourteen days before the activity or event and removed twenty-four hours after activity or event
Directional signs less than 2 sq. ft. and 1 ft. in height may be posted twenty- four hours before activity or event and must be removed twenty four hours after activity or event.
No more than two signs per intersection and if posted in an intersection may be no larger than six (6) square feet.
Signs larger than six (6) square feet not to exceed twenty seven (27) square feet are restricted to no more than four (4) within the city.
Signs must be firmly attached on all four corners and center points so as to not flap excessively to cause a nuisance.
Six (6) square foot signs may be placed fifteen feet (15') from the edge of the road.
Signs larger than six (6) square feet may be placed fifteen feet (15') from the edge of the road and in intersections must be twenty feet (20') from the edge of both roads.
(15) Streamers, Ribbons,
Pennants
Pennants or ribbons attached to a streamer shall be replaced with new pennants or ribbons, or removed, if they become damaged or disheveled.
Streamers shall be strung from pole to building or pole to pole, a minimum of thirteen (13) feet off the ground and not located in, or over, the street right of way. Streamers shall only be placed along the frontage of the parcel. Pennants or ribbons on the streamer shall not exceed eighteen (18) inches in length.
   (d)   The Following Business and Industrial Signs Do Not Require a Permit and Are Regulated as Set Forth Below:
   Note: Signs (1) to (4) require a minimum set back of 15 feet from the edge of the road and 10 feet from the property line.
 
(1)    New Business
Display no longer than 30 consecutive days
Maximum total area of 24 sq. ft.
 
 
(2)    Business Promotional
No more than eight (8) per calendar year
Display no longer than fourteen (14) consecutive days
Date first displayed written on sign
Maximum area per sign six (6) sq. ft. per face
No more than 5 signs located on premises of event
No signs may be displayed off premises
(3)    Inflatable Sign
Displayed no longer than 3 days
(4)    Outdoor Display Sign
Maximum area of 8 sq. ft.
Attached or displayed within one foot of the merchandise on display
 
(5)    Banners
Maximum area of thirty-two (32) sq. ft.
Attached to building façade or poles
Must be removed or replaced if tattered, frayed, torn, faded, bent, broken or promotion has expired
Prohibited in right of way
(6)    Changeable Copy
One per business
Located not less than 15 ft. from the right of way line, and 20 ft. from lot line, and no less than 50 ft. from residential lot lines
May be attached on pole sign, the wall of a building, or on two (2) permanent posts
Maximum area of 18 sq. ft.
Message must remain relevant or current to event, promotion, activity etc. that it is meant to inform
Must display a coherent message without missing characters, numbers or symbols
(7)) Feather Banner/Flag or similar devices
Maximum height of twelve (12) ft. measured from natural grade
Maximum width three (3) ft.
No more than two (2) for everyone hundred (100) ft. of frontage
Minimum setback equal to pole height
Must be removed or replaced if tattered, frayed, torn, faded, bent, broken or promotion has expired
Prohibited in right of way
   (e)    The Following Signs Require a Sign Permit and Are Regulated as Set Forth Below:
(1)    Ground
One per street for each 500 ft. of frontage
Not less than 15 ft. from right of way line (including support structure)
Maximum area/side of 60 sq. ft.
Maximum height of 10 ft.
(2)    Pole
Located not less than 15 ft. from right of way line or 20 ft. from lot line, and no less than 50 ft. from residential lot lines
One per lot
Maximum area/side 100 sq.ft.
Maximum height 20 ft.
(3)    Wall
Must be parallel to building side to which sign is attached set within one foot of building facade
Cannot project above roof line or beyond corner of building
Maximum total area for primary sign and supporting signs: 20% of wall area or facade which faces the principal street or contains the main entrance as determined by the Zoning Inspector
Additional walls or façade may have a maximum sign area of 10% of wall or façade area
A single wall sign on the rear of a building facing U.S. 30 or Ohio 309 shall be no greater than 20% of wall area
Sign area may be increased 10% for each additional 100 feet of setback
Additional wall sign(s) may only be 50% of the size of the primary wall sign
(4)    Projecting
Two per business per façade
Be oriented to pedestrian traffic
Hung from building façade or ceiling of covered walkway
Maximum area/side 10 sq. ft.
Maximum height 14 ft.
Minimum height of ten (10) ft.
(5)    Billboard
Requires a minimum lot width of 200 ft. for each billboard
No billboard shall be located within 1000 ft. of an another billboard
Maximum area/side of 300 sq. ft.
Maximum height of 35 ft.
Minimum set back of 300 ft. from right of way lines at intersections and from a church, school, or park
A 50 ft. set back where the billboard abuts a residential lot or residential use
A 35 ft. minimum setback from right of way
(6)    Accessory
If attached to a wall
Maximum area/side of 20 sq. ft.
(7)    Electronic Message Display
Located not less than 15 ft. from the right of way line, or 20 ft. from lot line, and no less than 50 ft. from residential lot lines
Maximum area/side of 18 sq. ft.
Maximum height of 10 ft.
Each message must display for a minimum of eight (8) seconds
A minimum spacing of 100 ft. is required between signs
(8)    Subdivision
One per development
Maximum area/side of 20 sq. ft.
Maximum height of 6 ft.
Minimum setback 10 ft. from right-of-way
(9) Joint Identification Sign
No more than one (1) sign permitted. A secondary joint identification sign shall be permitted if the property fronts two (2) or more public streets and is located on a lot more than two (2) acres.
No more than one (1) secondary joint identification sign shall be permitted per development.
On lots less than ten (10) acres, primary joint identification signs may not exceed thirty-two (32) square feet in area or be more than ten (10) feet in height. Secondary joint identification signs shall not exceed twenty-four (24) square feet in area or be more than eight (8) feet in height.
 
(9) Joint Identification Sign (Cont.)
On lots ten (10) acres or greater primary joint identification signs may not exceed forty-eight (48) square feet in area or be more than twelve (12) feet in height and secondary joint identification signs may not exceed thirty-two (32) square feet or be more than ten (10) feet in height.
Within the Historic District, the maximum size shall be reduced by one-half the size stated above.
Primary and secondary freestanding joint identification signs must be monument signs.
The front setback for freestanding joint identification signs shall be twenty-five (25) feet from the public right-of-way.
The sign shall not restrict public ingress to and egress from the building.
The sign must also meet the side yard setback for the applicable zoning district unless otherwise stated.
(10) Hospital Signage
For signs to be approved for this permitting process they must meet the criteria listed below.
Original permit must be approved by planning commission at a regularly scheduled meeting. Once approved by planning commission, there would be a onetime fee. Once fees are paid, this permit will stay in effect until there is a change of ownership or the facility closes.
Signs located within the seventy five foot (75') setback from right-of-way or closest to the road will still have to go through the sign plan process, area fee and variance if required. These signs would need to meet current zoning codes.
Signs located behind the seventy five (75') setback from right-of-way will have a set fee of $2500.00 for signs to be installed. This will include all sign permits, area fees and there would be no variances required.
The sizes of the signs located behind the seventy five (75') setback from right-of-way will be determined by the "hospital" as needed.
Note: the City Zoning Inspector still reserves the right to ask that the sign be smaller than proposed if the sign would be a safety concern.
All signs behind the seventy five (75') setback from right-of-way would still have to go through the sign permit process for approval by the Zoning Inspector, there would not be an extra permit fee, area fee or variance required for these signs.
All signs installed behind the seventy five foot (75') setback from right-of-way will still have to go through the sign process with the Richland County Building Department.
This ordinance will not be retroactive for any sign fees that have been paid in the past.
 
(11) Porta-Panel Sign
Sign permit must be filed with the City of Ontario Zoning Inspector indicating all information required on existing sign permit, address of where sign is to be located, a site plan with measurements as to where sign will be placed and length of time sign will be in that location.
Size can be no larger than 6' tall by 12' long
Can be no closer than 30' to the edge of a road or 40' to the edge of either road in an intersection.
Permit will expire 35 days after written and sign must be removed at that time.
Sign may not stay longer than 35 days in any one location.
Signs placed without zoning permit issued are subject to immediate removal and impounding by the City of Ontario.
(12) Awnings
Canopy signs may be painted or stitched on an awning area or attached to a canopy or roof which projects beyond the building provided that no part of such sign may extend above the roof line, canopy or marquee. Canopy or marquee signs shall be a minimum of nine (9) feet above ground level. If a marquee, canopy or awning sign consist of two (2) faces facing two (2) directions and each face having the same message, it shall be considered as one (1) sign.
No awning or canopy may extend beyond two (2) feet back of the curb line.
All awnings and canopies shall be erected so that their lowest point is at least nine (9) feet above the sidewalk.
One double-faced nameplate may be suspended from an awning or canopy perpendicular to the store front.
If primary signage or awning has any type of text the standard square foot display area charge will apply for the space being used for the sign.
Sign permit will be required.
(Ord. 08-18. Passed 5-15-08; Ord. 08-39. Passed 9-4-08; Ord. 09-60. Passed 12-17-09; Ord. 14-47. Passed 9-4-14; Ord. 15-22. Passed 7-2-15; Ord. 19-35. Passed 12-18-19; Ord. 21-22. Passed 6-2-21; Ord. 23-03. Passed 5-3-23.)

1146.04 PROHIBITED SIGNS.

   (a)   No signs are permitted within the public right of way. Signs found in the right of way are considered a nuisance and subject to immediate removal by the City.
   (b)   No roof signs.
   (c)   No beacons.
(Ord. 08-18. Passed 5-15-08.)
   (d)   No banners larger than 27 square feet.
(Ord. 08-39. Passed 9-4-08.)
   (e)   No accessory signs off of the premises.
(Ord. 08-18. Passed 5-15-08.)

1146.05 EXEMPT SIGNS.

   The following signs are exempt from this Chapter.
   (a)   Traffic control or other regulatory signs erected by federal, state, county, township, or city governmental authority, and such signs on private property that meet the Minimum Traffic Control Standards of the Ohio Department of Transportation.
   (b)    Any public notice or warning required by a valid and applicable state or local law, regulation, ordinance, or court.
   (c)    Signs advocating political, religious, or philosophical points of view that are located on private property.
   (d)    Temporary signs, banners, or decorations customarily associated with or in recognition of holidays, personal celebrations, or achievements such as birthdays, graduations, anniversaries, weddings, grand openings, and similar activities located on the premises of the event and not displayed for more than thirty (30) days.
   (e)    Hand-held signs.
      (Ord. 08-18. Passed 5-15-08.)
   (f)   Temporary signs promoting institution activities and non-profit activities located on private property, not displayed for more than fourteen (14) days, not in the right-of-way, and with a maximum size of 60.4 sq. ft.
   (g)   If any of the above signs are posted in the right-of-way or pose a safety concern they may be moved or removed by the City Zoning Inspector.
   (h)   Any announcements for City wide activities held by the City.
      (Ord. 15-22. Passed 7-2-15.)
 

1146.06 DESIGN, CONSTRUCTION AND MAINTENANCE.

   All signs shall be designed, constructed, and maintained in accordance with the following standards:
   (a)    No signs shall be erected in the public right of way. Such signs are considered a nuisance and may be immediately removed.
   (b)    No signs shall be allowed to overhang a public street or sidewalk nor be located within six feet horizontally or twelve feet vertically of any electrical lines or appurtenances.
   (c)    No sign obstructing vision above a height of two feet from the established street grade    shall be permitted within the triangular area formed by lines drawn between points along such right of way lines at a distance along each line of twenty five feet from their point of intersection.
   (d)    No sign is permitted that may be confused with an authorized traffic sign, signal, or other warning device as defined in the “Manual of Uniform Traffic Control Devices”; or which    makes use of the words “stop”, “look”, “danger”, or any other word, symbol, phrase, or character in such a manner as to interfere with, mislead, or confuse traffic.
   (e)    Where lots include multiple uses or multiple users, the number of free standing signs shall be limited to a total of one (1) sign structure for each street on which the lots included in the plan have frontage and shall provide for shared or common usage of sign structures.
   (f)    All signs shall comply with the current regulations of the Ohio Building Code and National Electric Code.
   (g)    Signs shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame or structure, except for temporary signs conforming to this regulation.
      (Ord. 08-18. Passed 5-15-08.)

1146.07 UNSAFE AND ABANDONED SIGNS.

   (a)   If a business ceases to operate and fails to remove all signs from the premises within 30 days after closing, said signs shall be considered abandoned.
   (b)   Where the Zoning Inspector finds that a sign within the City presents a physical risk of harm to persons or property, or a sign that is abandoned, the Inspector shall give immediate notice to the owner where the sign is located. If the notice is not appealed or the unsafe condition is not remedied within 10 days, the Inspector shall cause the sign to be removed.
   (c)   In the event of a clear and present danger that the sign will fall or otherwise injure a pedestrian or motorist, the Inspector may cause the sign to be immediately removed, followed by notice, which may be appealed within 10 days. City removal may be at owner’s expense. Notices maybe appealed within the applicable 10 day period to the Planning Commission.
(Ord. 08-18. Passed 5-15-08.)
 
   (d)    If business ceases to operate after 30 days all signs must be removed indicating what the previous business was. This includes removal of signs that a sign permit had to be issued as well as the signage that a permit did not have to be issued.
(Ord. 15-22. Passed 7-2-15.)

1146.08 ILLUMINATION OF SIGNS.

   No sign may be illuminated in such a manner that affects neighboring properties or adjacent streets so as to cause a nuisance, confusion with traffic control lights, create unsafe conditions, or that distracts motorists or pedestrians. No temporary signs may be illuminated. All sign that are illuminated must have a permit and meet the following criteria:
   (a)    Use only direct light.
   (b)    No cone of light may be visible from the street or adjacent lot lines.
   (c)    No animated, flashing or intermittent illumination.
   (d)    (Editor’s Note: Former subsection (d) hereof was repealed by Ordinance 15-22.)
   (e)    No animated structure.
   (f)    No laser beams.
(g)    Be designed, constructed and maintained in accordance with this regulation.
      (Ord. 08-18. Passed 5-15-08.)
(h)    No sign, illuminated directly or indirectly, shall be erected within (50) feet of property zoned for residential use. Illuminated signs are prohibited in residential areas. (Ord. 23-03. Passed 5-3-23.)

1146.09 PERMIT PROCEDURE AND FEES.

   (a)    Permit Required. Unless otherwise exempted under this chapter, no person, firm, or corporation shall erect, enlarge, or structurally alter any sign within the City without first obtaining a sign permit from the Ontario Zoning Inspector. No permit is required for a change in an existing sign that does not increase its size or involve a change in its structural nature (ie, design, construction, maintenance).
      (1)    When an existing business is updating their signage to anything larger than what is currently installed they will only have to pay for a new sign permit and the difference in square footage area of the new sign.
      (2)    There will not be any refunds from the city for any existing signs going from current size to a smaller square footage area.
         (Ord. 16-37. Passed 12-7-16.)
   (b)    Permit Form. The Zoning Inspector shall provide application forms for a sign permit which, when approved, shall become the sign permit. A separate application shall be required for each sign where multiple signs are to be constructed on the same lot. The following information shall be submitted to the Zoning Inspector:
      (1)   Name and address of the owner of the property where the sign is to be erected. (Ord. 08-18. Passed 5-15-08.)
          (2)   A description of the sign including the materials used in its construction, its size and height. (Ord.15-22. Passed 7-2-15.)
      (3)   Two copies of a site plan, drawn to scale, showing the location of the sign on the lot and/or building, an elevation view of the height and area dimensions of the sign, as well as the location of buildings, parking lots, driveways, landscape areas, existing signs and other appurtenances on the lot.
      (4)   Pole and ground sign submittals shall include two copies of signed and stamped engineered drawings.
      (5)   Post and panel signs of less than 32 sq. ft and 6 ft. in height shall include two copies of scaled drawings, including the design of its foundation.
      (6)   Wall signs shall include two copies of scaled drawings indicating the method of attachment.
      (7)   The submittal shall be accompanied by the sign plan application fee established by City Council and on file in the Zoning Inspector’s Office.
 
   (c)    Sign Erector License Required. 
      (1)   No person, partnership, or corporation shall erect, enlarge, or structurally alter any sign within the City that contains
         A.   Any electrical connection
         B.   Is ten or more feet off the ground when completed
         C.   Is larger than twenty five sq. ft. without a sign erector’s license issued in accordance with the requirements in subsection (c)(2) hereof.
      (2)   A sign erector must obtain a license by filing an application with the City Zoning Inspector that contains the following information and fee:
         A.   Name, address, and phone number of sign erector. Description of the types of signs that are to be erected. Evidence that the sign erector has general liability insurance in effect, providing coverage for wrongful death and bodily injury in an aggregate amount of not less than $500,000.
         B.   Payment of a fee as provided for in Ordinance 01-05, passed December 6, 2001 and on file in the Zoning Inspector’s Office.
      (3)   Upon determination by the Zoning Inspector that a sign erector has met the requirements of this section, a sign erector’s license shall be approved and issued to the applicant.
      (4)   Upon determination by the Zoning Inspector and City Engineer that the proposed sign is in compliance with the provision of this section and payment of fees, a sign permit shall be issued.
   (d)    Permit Fees. The Zoning Inspector shall collect sign permit fees in advance of issuing a permit and shall deposit them with the City Treasurer. The schedule of fees established by City Council Ordinance shall be posted in the office of the Zoning Inspector.
   (e)    Appeal Procedure. Whenever the Zoning Inspector is unable to approve an erector license or issue a sign permit under the provisions of this chapter, or the applicant disputes the calculation of the fee, the applicant may appeal or, if applicable, seek a variance, from the Planning Commission within 10 days of the notice of any such determinations.
(Ord. 08-18. Passed 5-15-08.)

1146.10 SIGN CONSTRUCTION PERMIT.

   (a)    Upon issuance of a sign permit by the Zoning Inspector, the applicant shall make application with the Richland County Department of Building Regulations for a Sign Construction Permit.
        (b)    All signs shall be constructed in accordance with the Ohio Building Code and applicable electrical regulations and shall be subject to building and electrical inspection by the Richland County Department of Building Regulations.
(Ord. 08-18. Passed 5-15-08.)

1146.11 NON-CONFORMING SIGNS.

   (a)    A sign for which a sign permit would not have been issued under this chapter, but which was in existence on April 1, 2023, and which was constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but which by reason of its size, height, location, design, or construction is not in conformance with the requirements of this chapter, shall be declared to be a Nonconforming Sign by the Zoning Inspector.
(Ord. 23-03. Passed 5-3-23.)
   (b)    Signs which were made nonconforming by the adoption of this chapter shall be allowed to remain in place, provided that no action is taken that increases the degree or extent of the nonconformity. Nonconforming signs found to be structurally unsafe shall be removed or, if a proposed change, repair, or maintenance will constitute an expense of more than 25% of the lesser of the original value or replacement value of the sign, the sign shall be made to conform to this chapter.
   (c)    A determination that a non-compliant sign must be removed or made to conform to this chapter by the Zoning Inspector may be appealed to the Planning Commission with 10 days of the notice of determination by the Zoning Inspector.
(Ord. 08-18. Passed 5-15-08.)

1146.12 SIGNS AFFECTED BY PROPERTY ANNEXATION.

   For any signs requiring a permit and located on property annexed at a later date, an application for a sign permit shall be submitted within six months of the effective date of the annexation or within such period as may be established in the annexation agreement between the City and the property owner.
(Ord. 08-18. Passed 5-15-08.)

1146.13 SIGN VARIANCES AND OTHER APPEALS.

   (a)    Applicants may seek a sign variance, or appeal a denial of a sign permit, a denial of an erector license, finding of removal of a sign as unsafe, abandoned or non-conforming, or a fee dispute, with the Planning Commission within 10 days of notice of an adverse determination on these matters.
   (b)    The Planning Commission shall notify the applicant of a time, date and place to hear the appeal or variance within 10 days of receiving the request for variance or appeal. The Planning Commission shall meet to hear the matter within 30 days of applicant’s request or appeal.
   (c)    The Planning Commission is authorized to grant variances from these regulations if a literal application of this chapter would cause undue hardship. Those seeking a variance should keep in mind the purpose of this Chapter. Information on, but not limited to, the following factors may be presented and considered in this determination:
      (1)   The extent to which the variance may impair vehicular or pedestrian traffic by distracting attention from traffic control signals;
      (2)   The extent to which the variance may interfere with ingress or egress including sight distances that could result in an unsafe condition;
      (3)   The extent to which any variance may interfere with public utility poles, wires, or other facilities or traffic control devices; and
      (4)   The extent to which the variance may detract from the purpose of this chapter, including an unwanted proliferation of signs or the existence of unsafe signs.
   (d)    Determinations of the Planning Commission may be appealed to the courts in accordance with applicable law, Chapter 2506 of the Ohio Revised Code.
(Ord. 08-18. Passed 5-15-08.)

1146.14 VIOLATIONS AND ENFORCEMENT REMEDIES.

   (a)    Any of the following shall be a violation of this chapter and shall be subject to enforcement remedies and penalties set forth in Chapter 1159, by Zoning Ordinance, and by State law:
      (1)    To install, erect or maintain any sign in a manner that is inconsistent with any plan or permit governing such sign or lot on which the sign is located.
      (2)   To install or erect any sign that requires a permit, without a permit.
      (3)   To fail to remove any sign that is installed, erected or maintained in violation of this chapter.
      (4)   To continue any such violation. Each day of continued violation is considered a separate violation when applying any penalty.
 
   (b)    Any violation or attempt to violate this regulation may be restrained, corrected or abated by appropriate proceedings brought pursuant to state law. Violations under this chapter are considered a violation of this chapter and/or the Zoning Ordinance of the City. Remedies include:
      (1)    Issuing a stop-work order for any and all work on any signs on the same lot.
      (2)    Seeking an injunction or other order of restraint or abatement the requires the removal of the sign(s) or the correction of the nonconformity.
      (3)    Imposition of penalties that may be imposed by the City under its Zoning Ordinance.
      (4)    Seeking court ordered imposition of any penalties that may be imposed as set forth under Section 1159.03 of City Code.
      (5)    In the case of a sign that poses an immediate danger to the public health or safety, taking such measures that are available to the City under the applicable provisions of the Zoning Ordinance and Building Code of Richland County.
   The City shall have other remedies as are and may be provided for by state or local law. All such remedies are cumulative and non-exclusive. Where the law may limit the availability of a particular remedy for a certain violation or a part thereof, such remedy may remain available for other violations or other parts of the same violation.
(Ord. 08-18. Passed 5-15-08.)