Parma City Zoning Code
ARTICLE VII
Sign Regulations
§ 165-82 Purpose.
A.
The purpose of this article is to promote and protect the public health, welfare and safety by regulating existing and proposed signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distraction that may contribute to traffic accidents, and to reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, to prevent one sign from obstructing the view of another sign and to curb the deterioration of natural beauty.
B.
No sign or outdoor advertising of any character shall be permitted in any zone district of the Town of Parma except in conformity with the regulations of this chapter.
§ 165-83 Nonconforming, off-premises advertising.
A.
All signs legally established prior to the effective date of this chapter which do not conform to the regulations contained herein shall be considered nonconforming signs.
(1)
Miscellaneous. A sign established prior to the effective date of this chapter pursuant to a special permitted use, variance, exception or other sign permit, license, waiver or consent shall be considered a nonconforming sign.
(2)
Off-premises advertising sign. An off-premises advertising sign not situated within a district wherein such a sign may be allowed as specified in this chapter, and such signs situated in any other zone district for which a sign permit is denied, shall be considered nonconforming.
B.
Off-premises advertising signs situated in districts wherein a sign permit is authorized shall be terminated within the time periods set forth in the sign depreciation schedule, except as otherwise provided for by a valid sign permit. No sign permit waiver may be granted for an off-premises advertising sign except for an extension of the continuance period as provided in § 165-84.
§ 165-84 Abandoned signs and removal of abandoned signs.
A.
The Code Enforcement Officer (CEO) shall order the removal of any sign which has become abandoned. In making such determination, the CEO shall consider, but need not be limited to, the following elements:
(1)
Period of nonuse of the activity, product, or service of the sign, provided that where a business activity has been discontinued for a period of 90 days, the sign shall be presumed to have become abandoned unless the owner, beneficial user or other party in interest files a written certification with the CEO that said sign (including its appurtenances) is to be utilized within 30 days following such 90-day period.
(2)
The sign is situated upon or incidental to a site which has been scheduled for demolition and it appears that the activity, product, or service is no longer viable irrespective of the lapse of time.
(3)
The applicable sign permit time period has expired.
(4)
The sign is otherwise nonconforming or illegal and the owner or beneficial user cannot with reasonable diligence be located.
B.
Any nonconforming, abandoned or illegal sign existing on or after the effective date of this chapter shall be removed by the owner of the premises upon which such sign is located after written notice as provided herein. Upon removal of any wall sign (including signs painted on walls) the surface area of the facade shall, within 30 days of removal, be restored to a condition substantially equivalent in appearance to the remaining portion of the facade. The CEO, upon determination of the expiration of the continuance period, of any such sign or such other time limit which may be provided for, shall direct the owner or beneficial user of such sign, in writing, to remove the said sign within 30 days from the date of such notice. Upon failure to comply with such notice within the prescribed time, the CEO shall remove or cause removal of such sign, and shall assess all costs and expenses incurred in the said removal against the property on which such sign is located.
§ 165-85 Continuation of nonconforming signs.
A.
Any nonconforming sign lawfully existing at the time of the adoption of this chapter may be continued, provided that it is maintained in good condition.
B.
If the ownership of the property on which the sign is located changes hands, the nonconforming sign shall be removed within 60 days of the change in possession. The replaced sign, if any, shall comply with all of the requirements of this chapter.
§ 165-86 Provisions applicable to all districts.
A.
Property sign numbering.
(1)
All principal structures located within any residential, commercial or industrial zone district shall have or display at least one set of street numbers assigned to it. Numbers must be prominently displayed on the front of each structure. All stores and businesses shall have the numbers displayed at the main entrance.
(2)
In the case where the principal structure is not clearly visible from the street or more than 100 feet from the edge of the road right-of-way, a post with the property numbers displayed upon it, not to exceed five feet in height, shall be installed in close proximity to the property access, no less than five feet nor more than 25 feet from the edge of the road right-of-way. All numbers shall be visible from the street and shall not be blocked from view by shrubs, fences and trees or other obstruction.
(3)
All numbers shall only be arabic in design, a minimum of five inches in height, and shall sharply contrast in color from the structure.
(4)
Address numbers on mail boxes that are clear of any obstruction, including other mail or paper boxes, etc., visible from both directions of travel, at least three inches in height, and which meet all of the other regulations of this section shall be acceptable in lieu of a separate post.
(5)
In the case of new construction, no temporary or final certificates of occupancy will be issued until the CEO verifies that such street numbers have been properly installed. Furthermore, no inspection for new construction will be provided until the developer installs the lot number in a prominent location on the site, prior to construction.
(6)
The absence of address numbers, or the insecure fastenings or absence of any whole number thereof, or the use of any number not properly assigned by the Town, or its failure to meet the visibility requirements, shall be considered to be in violation of this chapter.
(7)
Any structure having street numbers that are arabic in design, logical in sequence, within the distance required, a minimum of four inches in height and of contrasting colors as of the effective date of this chapter shall be deemed to be in compliance with this section.
(8)
The Code Enforcement Officer is hereby authorized to grant exemptions from the number and size requirements of this section where public safety is not adversely impacted.
(9)
Failure to comply with the property numbering regulations shall be a violation of this chapter.
B.
General sign regulations.
(1)
All signs shall be located on the same site as the use they identify or advertise, unless otherwise provided for in these regulations. No signs shall extend or project beyond the property line or into the public right-of-way.
(2)
No sign shall be placed or erected on the roof of a building.
(3)
No portable or temporary signs shall be placed upon any premises or on any building except as provided by this chapter.
(4)
Any visual message incorporated into an awning/canopy attached to a building or one without a visual message but because of its color, shape, design or lighting, shall be considered a sign and not an environmental shield.
(5)
Area of irregularly shaped signs or pane signs of individual letters shall be calculated by using the total rectangular area encompassed by the outline.
C.
Prohibited signs. The following signs shall be prohibited in all districts:
(1)
Billboards.
(2)
Mobile signs including signs attached to vehicles and/or trailers.
(3)
Pennants and streamers.
(4)
Pole signs.
(5)
Roof-mounted signs.
(6)
Signs attached to a tree, utility pole or otherwise affixed to anything other than an approved sign support structure.
(7)
Signs containing reflective materials.
(8)
Signs that obstruct the public right-of-way or obstruct the view of traffic.
(9)
Signs that obstruct the view of another sign on an adjacent property.
(10)
Television display signs.
D.
Traffic hazard and safety.
(1)
No permanent or temporary sign shall be erected or placed at or near the intersection of any street in such a manner as to cause a traffic hazard at the intersection; or at any location where, by reason of the placement, design or color of the sign, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device, or which makes use of the words "Stop," "Look," "Drive-In," "Danger," "Go Slow," "Caution," "Warning," "Right," "Left" or any other words, phrases, symbols or characters in such a manner as to interfere with, mislead or confuse traffic.
(2)
No sign shall be animated or flashing or shall include the use of banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving objects.
(3)
No sign shall, by its light, brilliance, type, design or character, create a public or private nuisance. The use of a par-spot, beacon light or moving light shall be prohibited. Illumination where permitted must be designed and shielded so that the light sources do not constitute a possible hazard to traffic and cannot be seen from any adjacent residential district. A certificate of approval from an electrical inspection agency that is recognized by the Town Board must be submitted for every electrically illuminated sign.
E.
Temporary commercial signs.
(1)
Businesses situated in the Town of Parma may, for a period not to exceed seven days, and not more than 10 times per year, display a temporary sign. The purpose of said sign shall be to advertise the business or its products.
(2)
These temporary signs are to be a minimum of five feet from the right-of-way and shall not impair vision from the road where they are situated. Said signs are not to exceed 32 square feet and shall not exceed a maximum height of six feet above the existing grade.
(3)
Illumination. Temporary signs may be illuminated either internally or externally, except that no flashing or moving arrow light may be used.
§ 165-87 Permit-exempt signs in all districts.
A.
The following signs shall be allowed in any zone district of the Town of Parma without a permit, provided that such signs comply with the general requirements of this chapter:
(1)
Property address signs.
(2)
Safety signs, road signs, historical markers, service identifications or highway directional signs erected by or as required by municipal or public agencies.
(3)
Signs not exceeding four square feet in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification without commercial connotations for the premises. Such sign shall be located no closer than 15 feet to a side property line and may be placed up to the front property line.
(4)
Signs regulating the use of a property, such as no hunting, no fishing, etc., provided that such signs do not exceed two square feet in area.
(5)
Signs not exceeding two square feet, directing and guiding traffic and parking but bearing no advertising matter. No more than two such signs shall be permitted per driveway.
B.
Roadside stand signs. A non-illuminated sign, not larger than 32 square feet in area, associated with a roadside stand may be displayed during the growing season to advertise the sale of locally grown edible farm products.
C.
Temporary signs.
(1)
Temporary signs shall include, but not be limited to:
(a)
Real estate signs including those advertising the rental or lease of the premises on which the signs are located.
(b)
Construction signs for a project or development.
(c)
Political campaign signs which promote and support a candidate or candidate for any public office or which advocates a position on upcoming ballot propositions.
(d)
Auction and/or charitable event signs for special events of charitable or public service groups, excluding garage sales.
(e)
Garage sale signs for private-owner temporary merchandise sales. Such signs shall not be attached to fences, trees, utility poles or the like, nor shall they be placed in a position that will obstruct or impair vision, the flow of traffic, or in any manner create a hazard or nuisance to the health and welfare of the general public.
(2)
All temporary signs in this section shall be no more than five feet in height above the ground, located no closer than 15 feet to a side property line and may be placed up to the front property line.
(3)
All temporary signs in this section shall be no larger than eight square feet in size.
(4)
All temporary signs shall be removed within one week of completion of the event, activity or service to which they are advertising.
(5)
All temporary signs shall be non-illuminated.
(6)
In the event where a project or development abuts two or more streets, one additional temporary sign shall be permitted. This total of two temporary signs will allow them to orient to each abutting street.
D.
Noncommercial speech signs.
(1)
The maximum number of noncommercial speech signs per lot shall be two.
(2)
Such signs shall not exceed a total of 20 square feet in area for all signs on a single lot.
(3)
Freestanding noncommercial speech signs shall not exceed six feet in height above grade level.
(4)
Noncommercial speech signs shall not be illuminated, except indirectly.
§ 165-88 Permit-regulated signs by district.
A.
The following table of permitted signs in the Town of Parma require approval of an application submitted to the Town of Parma Code Enforcement Officer (CEO) according to § 165-90 of this chapter. Each sign included within the table includes specific dimensional and location requirements in this section.
(1)
Sign types identified with a "P" in the table are permitted as-of-right in the subject zoning district, subject to compliance with all other applicable standards of this zoning chapter.
(2)
Sign types not listed and those identified with a "-" are expressly prohibited.
Sign Types Permitted | AR | RR | NR | MR | WR | N-MU | C-MU | LI |
|---|---|---|---|---|---|---|---|---|
Awning signs | — | — | — | — | — | P | P | — |
Entrance identification sign | P | P | P | P | P | — | — | — |
Feather flag signs | P | P | — | — | — | — | — | — |
Monument signs | — | — | — | — | — | P | P | P |
Projecting signs | — | — | — | — | — | P | P | P |
Wall signs | P | P | P | P | P | P | P | P |
Window signs | — | — | — | — | — | P | P | P |
B.
Awning signs.
(1)
Awning signs shall have a minimum height of 10 feet.
(2)
Awning signs shall have a maximum area of two square feet per linear foot of each building wall facing a public street.
(3)
Awning signs shall not extend outside the overall length or width of the awning or extend above the height of the building wall to which the awning is attached.
(4)
Awning signs shall only be permitted on the ground floor of a building or structure.
(5)
Awning signs shall not be internally illuminated.
C.
Entrance identification signs.
(1)
These permanent entrance identification signs shall be monument signs, as defined by this chapter.
(2)
Two permanent entrance identification signs for each subdivision or multi-unit residential development or for a community center, church, fire department or other nonprofit organization, provided that:
(a)
The structure does not exceed four feet in height at any point above the median ground level.
(b)
The area of the structure shall not exceed 40 square feet.
(c)
The gross lettering or signage area does not exceed 50% of the total area of the structure.
(d)
Setbacks shall be not less than five feet from any right-of-way line to any part of the structure.
(e)
Appurtenances such as wing walls or planters shall not exceed 50% of the main structure's length on either end.
(3)
Each proposal for such identification sign as specified in Subsection C(1) above shall be reviewed and approved by the Zoning Board of Appeals during permit review, whether proposed along with site development plans or after development is completed. In reviewing the proposals, the Planning Board shall, in addition to the criteria outlined in Subsection C(2) above, consider the following:
(a)
The proposed location does not interfere with pedestrian or vehicular traffic visibility.
(b)
The design is of a permanent type of construction such as masonry or pressure treated wood with adequate foundation and horizontal support to withstand wind loads.
(c)
Illumination, if provided, is situated such that there is no glare or undue spillover of light.
(d)
There is assurance of perpetual maintenance by a homeowners' or tract association, the developer, or an individual lot owner where the sign is located and that such responsibilities are clearly spelled out in the deeds or association bylaws.
D.
Monument Signs.
(1)
Monument signs shall not exceed four feet in height.
(2)
The maximum sign area shall be 24 square feet. This excludes the area of the monument's base.
(3)
Monument signs shall be set back five feet from the public sidewalk or the front lot line, whichever is farther from the street.
(4)
No monument sign shall be set back farther than 10 feet from any public sidewalk or street.
E.
Feather flag signs.
(1)
Feather flag signs shall be permitted in the AR and RR Districts for associated roadside stands and agribusiness uses.
(2)
Feather flag signs shall be located no closer than 15 feet to any public right-of-way and shall be located on the lot for which the business is located.
(3)
Feather flag signs shall be no larger than 32 square feet in size.
F.
Projected signs.
(1)
Projecting signs shall not exceed 10 square feet in area per sign face.
(2)
No projecting sign shall be erected to extend more than 12 inches from the face of the building to which it is attached.
(3)
No portion of any projecting sign shall extend more than four feet from the building to which it is attached.
G.
Wall signs.
§ 165-89 Digital signs.
A.
A digital sign may not allow the display message to change more frequently than once every eight seconds, with a transition period of one second or less. Messages may not contain the appearance of motion or animation. Transitions between messages may contain the appearance of motion or animation.
B.
A digital sign must have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the terms of this article. Certification must be provided to the Town demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Re-inspection and recalibration may be periodically required by the Code Enforcement Officer in their reasonable discretion, at the owner's expense, to ensure that the specified brightness levels are maintained at all times.
C.
Maximum brightness levels for digital signs shall not exceed 5,000 nits or candelas per square meter (cd/m2) when measured from the signs face at its maximum brightness, during daylight hours. The maximum brightness levels for digital signs shall not exceed 500 nits or candelas per square meter (cd/m2) when measured from the sign's face at its maximum brightness, between sunset and sunrise, as those times are determined by the National Weather Service for the location of the sign.
D.
Brightness of digital signs shall be measured as follows:
(1)
At least 30 minutes following sunset, a foot-candle meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or displaying black copy. The reading shall be made with the meter aimed directly at the sign area at the pre-set location.
(2)
The sign shall then be turned on to full white copy to take another reading with the meter at the same location.
(3)
If the difference between readings is 0.2 foot candles or less, the brightness is properly adjusted.
E.
Digital signs shall be specially permitted by the Zoning Board of Appeals and should only be considered for public or institutional land uses such as government buildings or structures, schools, community centers and other similar uses.
§ 165-90 Application for sign permit.
A.
A permit to erect, enlarge or place any sign permitted by this chapter shall be obtained from the Town of Parma Code Enforcement Officer.
B.
Applications for a sign permit shall be made in writing by the owner, lessee or erector and be accompanied by a scale drawing showing dimensions, proposed design, the legend, colors, materials, structural details and a tape or plot locations map delineating the location of buildings, parking areas, other signs on the same property, frontage of each unit and/or any fences or other obstructions in relation to the designed location of the proposed sign. Lessee or erector applicants shall present evidence of the approval of the owner for such erections.
C.
Any additions to an existing sign shall be by permit application, as prescribed above.
D.
No permit issued under the terms of this chapter shall be transferable to any person other than the original applicant.
E.
A sign permit shall become null and void if the work for which the permit was issued has not been started within a period of six months after the date of issue of the permit.
F.
Application for a permit, which requests a sign not permitted under this chapter, must be presented to the Zoning Board of Appeals. Upon such application to the Board, a public hearing shall be held, with notices of such a public hearing, for granting a special permitted use permit as it shall be determined in accordance with the following facts:
(1)
The proposed sign is in harmony with the standards for permitted signs and within the spirit of this chapter.
(2)
The presence of the proposed sign shall not be detrimental to adjacent property.
(3)
The proposed sign does not, by reason of its location, create a hazard of any nature to the public in general or to any adjacent owner or occupant.
(4)
The proposed sign does not in any way interfere with the lawful enjoyment of the public highway or of adjacent property.
§ 165-91 Sign maintenance.
A.
All signs erected and maintained within the Town of Parma shall be kept clean, neatly painted and free from all hazards, such as but not limited to faulty wiring and loose fastenings, and at all times shall be maintained in a safe condition so as not to be detrimental to the public health or safety. Painting, cleaning or repair maintenance shall not be considered a sign erection or alteration, which requires a permit, unless a structural change is made.
§ 165-92 Noncompliance; penalties for offenses.
A.
Failure to comply with any of the provisions of this article shall be deemed a violation of this chapter and subject to the penalties set forth in Article IX.
B.
The Code Enforcement Officer shall have the authority to enforce the removal of any signs that are in violation of this chapter. Failure to comply with this written order within 10 days shall be considered a violation. If the violation is not corrected within 30 days from the date of such notice, the Town of Parma shall have the authority to remove such sign and to charge the owner for the cost of the removal by adding the costs to the Town tax bill on the property.
C.
Prior to the Town's removal of any sign, the owner of the sign may request a hearing before the Zoning Board of Appeals. No action shall be taken by the Town until a decision has been rendered by the Zoning Board of Appeals.