This chapter shall be called and may be cited as the Springboro Sign Code.

(Ord. O-21-6. Passed 6-17-21.)

   (a)   It is the purpose and intent of this chapter to establish reasonable regulations which preserve the health, safety and general welfare of the public, while protecting each person's constitutional right to freedom of speech, as indicated by the following objectives:

      (1)   To prohibit signs which pose an unreasonable risk to the public safety;

      (2)   To limit the visual dominance of signs without unconstitutionally restricting the information conveyed;

      (3)   To provide for reasonable and appropriate methods for locating goods, services, and facilities in all zoning districts by relating the size, type and design of signs to the size, type and design of the uses and districts;

      (4)   To promote traffic safety by preventing obstructions within public rights-of-way, minimizing visual distractions to motorists, ensuring that sign size and height are appropriate to their location and preventing conflicts with public safety signs and police and fire protection;

      (5)   To maintain an aesthetically pleasing urban environment free of excessive visual clutter;

      (6)   To create a system of variances and appeals to allow exceptions, where justified by a hardship; and

      (7)   To facilitate rigorous enforcement of this chapter, while preserving each individual's right to due process.

   (b)   The City does not intend to infringe on the rights of free speech as protected by the First Amendment to the United States Constitution and Chapter I, § 11 of the Ohio Constitution. All regulations in this chapter are to be construed, whenever possible, in favor of vigorous political debate and accommodation of the rights of persons to speak freely.

(Ord. O-21-6. Passed 6-17-21.)

1281.03 DEFINITIONS, MEASUREMENTS, AND CALCULATIONS.

   (a)   For the purpose of this chapter, certain words and phrases shall have the meanings respectively ascribed to them in Chapter 1290.

   (b)   Where terms are related to measurements and calculations set out in this chapter, such terms shall be as established in this section.

      (1)   The right-of-way line of a public street or highway easement; or

      (2)   The side lot line of an adjacent parcel.

      (1)   The height of a sign shall be computed as the distance from the base of the sign at normal grade (average grade at the base of the sign) to the top of the highest attached component of the sign. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely undertaken for the purpose of locating or increasing the height of sign.

      (2)   The filling of a hole or depression to create an average grade the same level as that surrounding the hole or depression is permitted, provided such filling is allowed by other ordinances.

      (3)   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. See Figure 1281-1.

      (1)   The calculation of sign area shall not include any supporting framework, bracing or decorative fence or wall unless such structural support is determined to constitute an integral part of the sign design by means of text or other commercial message, as determined by the City Manager, or their designee. See Figure 1281-2.

      (2)   For sign copy mounted or painted on a background panel, cabinet or surface distinctively painted, textured, lighted or constructed to serve as the background for the sign copy, the sign area shall be computed by means of the single smallest permitted shape that encompasses the extreme limits of the background panel, cabinet or surface. See Figure 1281-2 and Figure 1281-3.

      (3)   For sign copy where individual letters or elements are mounted on a building facade or window where there is no background panel, cabinet or surface distinctively painted, textured, lighted or constructed to serve as the background for the sign copy, the sign area shall be computed by means of the single smallest permitted shape that encloses all the letters or elements associated with the sign. See Figure 1281-4.

      (4)   In cases where there are multiple elements of sign copy on the same surface, any areas of sign copy that are within two feet of one another shall be calculated as a single sign area that shall be computed by means of the smallest permitted shape that encloses all sign copy within two feet of one another, otherwise the sign area shall be computed for each separate piece of sign copy. See Figure 1281-5.

      (5)   Decorative edging or other window treatments that are not an integral part of the sign copy shall not be considered a part of the sign for the purposes of this chapter. See Figure 1281-5.

      (6)   When two identically sized, flat sign faces are placed back-to-back with no more than six inches in separation, so that both faces cannot be viewed from any one point at the same time, the sign area shall be computed by the measurement of one of the sign faces. If the two faces are unequal, the sign area shall be calculated based on the larger of the two faces.

      (1)   When calculating the permitted sign area based on the width of any facade, such calculation shall be based on viewing the facade from a 90-degree angle (i.e., straight on) from the adjacent street, regardless of facade insets, offsets or angles. See Figure 1281-6.

       (2)   For multi-tenant buildings, the portion of a building that is owned or leased by a single occupant or tenant shall be considered a building unit.

(Ord. O-21-6. Passed 6-17-21.)

   (a)   It shall hereafter be unlawful for any person to erect, place, relocate, expand, modify, maintain or otherwise alter a sign in the City except in accordance with the provisions of this chapter.

   (b)   Unless otherwise stated, this chapter shall apply to any sign, in any zoning district, that is visible from a public right-of-way or from an adjacent property.

   (c)   Any sign legally established prior to the effective date of this chapter, and which sign is rendered nonconforming by the provisions herein, shall be subject to the nonconforming sign regulations of Section 1281.11.

   (d)   All signs shall require the issuance of a sign permit, as established in Section 1281.14, unless otherwise noted below or as specifically stated in other sections of this chapter.

   2021 Replacement

1281.04   PLANNING AND ZONING CODE   240

      (1)   Signs and/or notices issued by any court, officer or other person in performance of a public duty. Any such sign shall be removed no later than seven days after the last day it is required to be displayed;

      (2)   Signs that are an integral part of the original construction of vending or similar machines, fuel pumps, automated teller machines, or similar devices that are not of a size or design as to be visible from a street or by any person other than those using the machine or device;

      (3)   Any sign that is located completely inside a building that is not visible from the exterior (See also the definition of "window sign".);

      (4)   Signs that are located within a stadium, open-air theater, park, arena or other outdoor use that are not visible from a public right-of-way or adjacent property, and can be viewed only by persons within such stadium, open-air theater, park, arena or other outdoor use;

      (5)   Sign face changes where the sign structure is designed with interchangeable panels and one of the panels is replaced without changing the structure, including any changes to the total sign face area, height or alteration of the sign cabinet. Such permit exemption shall not apply to signs in the Architectural Sign Overlay District (See Section 1281.07) where a certificate of appropriateness is required;

      (6)   Certain temporary signs as established in Section 1281.10;

      (7)   A single wall sign placed on the facade of an individual dwelling unit that is not illuminated and does not exceed four square feet in area.

      (8)   Signs that are an integral part of the historic character of a structure that has been designated an official landmark or historic structure by any agency or body of the governments of the United States, State of Ohio, Warren or Montgomery Counties, or the City of Springboro;

      (9)   Any signs located on umbrellas, seating or similar patio furniture provided they are located outside of the right-of-way and comply with any other applicable standards of this chapter;

      (10)   Ground signs and markings located completely within the interior of a lot used for a cemetery where such signs are not designed to be visible from a public street;

      (11)   Any sign on a truck, bus or other vehicle that is used in the normal course of a business (e.g., deliveries or fleet vehicles for contractors) for transportation (see also Section 1281.05(s)), or signage required by the State or Federal government;

      (12)   Signs installed or required by a governmental agency including the City of Springboro, Warren or Montgomery Counties, the State of Ohio, and the United States, including local and regional transit agencies;

      (13)   Any warning signs or traffic safety signs required by public utility providers;

      (14)   Hand-held signs not set on or affixed to the ground;

      (15)   No more than four flags located on flagpoles or on wall-mounted posts provided that the following shall apply:

         A.   The maximum height of flag poles shall not exceed the maximum building height for structures in the subject zoning district, and a maximum sign area of area of forty square feet for any individual flag attached to the pole.

         B.   The maximum projection for wall-mounted flag post is six feet and a maximum sign area of fifteen square feet per flag.

      (16)   Any address numbers required by the City of Springboro, Clearcreek Fire District, or U.S. Post Office;

      (17)   Changes of copy on signs with changeable copy;

      (18)   Any signs, including illuminated signs, or related decorations erected in observance of religious, national or state holidays which are not intended to be permanent in nature and which contain no advertising material; and

      (19)   General maintenance, painting, repainting, cleaning and other normal maintenance and repair of a sign or any sign structure unless a structural change is made.

(Ord. O-21-6. Passed 6-17-21)

1281.05 PROHIBITED SIGNS.

   The following types of signs are specifically prohibited within the City of Springboro:

   (a)   Any sign that copies or imitates signs that are installed by the City or any other governmental agencies or falsely purports to have been authorized by the City or other governmental agency;

   (b)   Signs that interfere with, obstruct the view of or be similar in appearance to any authorized traffic sign, signal or device because of its position, shape, use of words or color;

   (c)   Signs that constitute a hazard to safety or health by reason of inadequate or inappropriate design, construction, repair or maintenance, as determined by the City Manager, or their designee;

   (d)   Signs that obstruct or interfere with traffic or traffic visibility. See also Section 1262.08;

   (e)   Windblown devices and signs that flutter with the exception of flags as allowed by the City of Springboro and this chapter;

   (f)   Balloon signs and air-activated signs;

   (g)   Three-dimensional signs and multi-faced signs unless two identically sized, flat sign faces are mounted back-to-back with no more than six inches in separation;

   (h)   Signs utilizing dayglo colors.

   (i)   Signs that employ any parts or elements which revolve, rotate, whirl, spin or otherwise make use of motion to attract attention. This shall not include changeable copy signs as allowed in this chapter;

   (j)   Signs with moving or flashing lights except as noted in the changeable copy sign section;

   (k)   Beacons and searchlights, except for emergency purposes;

   (l)   Signs or other structures that advertise a business that has not been in business for six months or more, or advertises a product or service that has not been available on the property for the past six month, because such signs are misleading to the public, create undue visual clutter and pose a hazard to traffic control and safety;

   (m)   Pennants and streamers;

   (n)   Signs that are applied to trees, bus shelters, utility poles, benches, trash receptacles, newspaper vending machines or boxes, or any other unapproved supporting structure, or otherwise placed in the public right-of-way except as provided for in Section 1281.06(e);

   (o)   Signs that obstruct or substantially interfere with any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress to any building;

   (p)   Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure unless specifically permitted as a temporary sign;

   (q)   Roof signs or any signs mounted on or above the roofline of any building or structure except as permitted on canopy signs in Section 1281.09;

   (r)   Portable signs with the exception of sidewalk signs permitted in Section 1281.11; and

   (s)   Mobile signs:

      (1)   Mobile signs viewed from a public road with the primary purpose of advertising through signage not otherwise allowed by this chapter. A mobile sign shall be considered to be used for the primary purpose of advertising if:

         A.   The vehicle or trailer has signage attached to it and fails to display current license plates and registration; or

         B.   The vehicle or trailer has signage attached to it and is inoperable.

      (2)   Vehicles or trailers shall not be parked continuously in one location to be used primarily as additional signage. These regulations do not apply to:

         A.   A vehicle parked at a driver's residence that is the primary means of transportation to and from his or her place of employment;

         B.   Fleet and delivery vehicles that are actively used as part of a local business establishment;or

         C.   Any vehicle that is painted or otherwise covered with signage that is used by any person as a personal means of transportation or is actively used as part of a local business establishment.

   (t)   Any sign not specifically allowed or addressed by this chapter shall be prohibited.

(Ord. O-21-6. Passed 6-17-21.)

   Unless otherwise specifically stated, the following regulations shall apply to all signs within the City:

   (a)   Permanent signs are considered accessory uses and shall be accessory to a principal use provided for by the Springboro Zoning Code. Temporary signs may be permitted on all lots, regardless of the presence of a principal use, provided the temporary signs are in compliance with this chapter.

   (b)   All signs shall be constructed in compliance with the applicable building and electrical codes as well as any other City regulations.

   (c)   All signs shall be secured in such a manner as to prevent swinging or other significant noticeable movement, not including movement related to permitted electronic message signs.

   (d)   Signs supported by or suspended from a building shall hang so as to maintain a minimum clear height of eight feet above a sidewalk or other pedestrian-only path and fourteen feet above a vehicular path.

      (1)   Signs shall be prohibited in the right-of-way with the exception of:

         A.   Signs installed by the City of Springboro, Warren or Montgomery Counties, the State of Ohio, and the United States, including local and regional transit agencies;

         B.   Any warning signs or traffic safety signs required by public utility providers; or

         C.   Where specific signs are authorized to be located in a right-of-way as stated in this chapter.

      (2)   The City Manager, or their designee, may remove or cause to be removed any unlawful sign in the public right-of-way.

      (1)   Any sign which violates the provisions of this chapter shall be declared a public and private nuisance, and the City shall give seven days' notice by personal service or by registered or certified mail, to the owner or lessee of the land on which such sign is located, to remove such sign. However, in the case of an unlawful sign which is not permanently attached to the ground or to a building or structure, the City need give only 24 hours' notice to remove the sign. The owner or lessee shall have the right of appeal to the Board of Zoning Appeals.

      (2)   If any such sign has not been removed on or before the expiration of the applicable notice period prescribed in subsection (1) hereof, or within seven days after the adverse decision of the Board of Zoning Appeals, the City or any of its duly authorized agents may enter upon the premises and cover, remove, or otherwise abate the sign. The cost of such covering, removal, or abatement shall be paid out of any money in the City Treasury not otherwise appropriated. City Council shall make a written return to the County Auditor with a statement of the charges for services in covering, removing, or abating the sign, together with a legal description of the parcel. Such amounts shall be certified to the County Auditor for entry upon the tax duplicate, shall constitute a lien upon such lands from the date of the entry and shall be collected as other taxes and returned to the City's General Fund.

      (3)   Notice to the owner or lessee shall not be required prior to the removal of a hazardous sign which, in the joint opinion of the City Manager, or their designee, and City Engineer, creates an immediate danger to persons or property due to structural design deficiencies, inadequate maintenance or improper location. Notice to the owner or lessee shall not be required prior to the removal of any sign unlawfully placed on public property.

      (1)   Lights shall not be of such brightness so as to cause glare that is hazardous to pedestrians or motorists, or cause reasonable objection from adjacent residential zoning districts.

      (2)   Light sources to illuminate permanent signs located inside or outside of buildings shall not be of excessive brightness or cause glare hazardous to pedestrians or drivers of automobiles, or be objectionable to adjacent residential zoning districts.

      (3)   No illumination of signs shall flash.

      (1)   Every sign shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of a defective part, painting, cleaning and other acts required for the maintenance of the sign so as not to show evidence of deterioration, including peeling, rust, dirt, fading, damage, discoloration or holes.

      (2)   Whenever a sign is to be removed pursuant to the requirements of this section, all parts of the sign and supporting structure (e.g., pole, foundation, cabinet structure, etc.), excluding buildings for wall, projecting or similar signage, shall be removed in its entirety. This section shall not require the removal of a raceway if mounted to such structure on a building.

      (3)   The City Manager, or their designee, may order the removal or repair of any sign that, has become insecure, in danger of falling or otherwise unsafe, or presents a threat to the public safety.

(Ord. O-21-6. Passed 6-17-21.)

   (a)   There is hereby established an Architectural Sign Overlay District (See Figure 1281-7) and a separate Interstate Sign Overlay District (See Figure 1281-8.) that establishes special sign requirements for all lots within the overlay district, regardless of what the established zoning district is for the lot

Figure 1281-7: Boundaries of the Architectural Sign Overlay District

      (1)   All permanent signs associated with a protected property in the Architectural Sign Overlay District shall not be permitted unless it has first been issued a Certificate of Appropriateness by the City Architectural Review Board (ARB), pursuant to Chapter 1230 of the Codified Ordinances, Section 1230.08. In determining whether to grant approval, the ARB shall consider the following:

         A.   Is the sign appropriate in scale to the building with which it is associated?

         B.   Is the sign appropriate in design to the architectural style or period of the building with which it is associated?

         C.   Are the colors selected for the sign compatible with the building with which it is associated?

         D.   Is the sign located so as to reasonably minimize adverse aesthetic effects on the architectural design of the building with which it is associated?

      (2)   Application for a Certificate of Appropriateness is required with an application for the sign permit. Applications shall be on a form prescribed by the City, accompanied by a dimensioned scale drawing or dimensioned photograph of the sign indicating its typographic style, graphics, colors, supporting structure and other visual detail.

(Ord. O-21-6. Passed 6-17-21.)

   All development in a UVD, ADD-1, and PUD District shall be subject to the standards of this chapter, including standards for permanent and temporary signs, unless otherwise modified below or through the applicable review and approval process. In general:

      Planning Commission shall endeavor to maintain consistency with this chapter to the maximum extent feasible.

      (1)   Residential uses in a PUD should comply with the sign requirements applicable to residential zoning districts in this chapter.

      (2)   Commercial, office, and public and institutional uses in a PUD should comply with the sign requirements applicable to commercial zoning districts in this chapter.

      (3)   Industrial uses in a PUD should comply with the sign requirements applicable to industrial zoning districts in this chapter.

(Ord. O-21-6. Passed 6-17-21.)

   The following are the types of permanent signs allowed in the City of Springboro, including any applicable regulations for each type of sign.

         A.   Table 1281-A establishes the total maximum sign area allowed for the aggregate sign area of all building and ground signs on a lot as established in this section.

         B.   The maximum sign area in Table 1281-A does not include the sign areas of the following sign types that might also be located on the lot including:

            1.    Temporary signs;

            2.    Window signs;

            3.    Drive-through facility signs;

            4.    Driveway signs;

            5.   Pole signs in the Interstate Sign Overlay District; and

            6.    Permanent signs at entries.

 

         A.   There is no maximum number of permitted building signs.

         B.   In commercial zoning district, there shall be a maximum sign area for any individual building sign as established in Table 1281-B.

 

 

         C.   No single building sign may exceed 500 square feet in sign area in any zoning district.

         D.   Building signs shall include the total amount of all wall, awning, canopy, soffit, and projecting signs attached to the building. Standards for each individual building sign type are established in this section.

         E.   Building signs shall not extend above or beyond the surface on which they are attached (e.g., extends beyond the sides of the facade wall or above the roofline);

         F.   Building signs shall not extend above the top of the roofline of the building to which it is attached. For canopy signs, the signs may be attached above the canopy, which is attached permanently to the building, provided that the sign does not extend above the top of the roofline of the building.

         G.   Building signs may not be attached to mechanical equipment, roof screening, or detached accessory structures.

         H.   Building signs may be internally or externally illuminated with the exception of signs in the Architectural Sign Overlay District, in which case, internally illuminated signs are prohibited.

         I.   Building signs shall not include electronic message signs.

            1.   Wall signs shall be mounted on or flush with a wall and shall not project more than 18 inches from the wall or face of the building to which it is attached except in the Architectural Sign Overlay District where walls signs shall not project more than 6 inches from the wall or face of the building.

            2.   A wall sign may be mounted on the facade wall or mounted on a raceway or wireway.

            3.   No wall sign shall cover or obscure any wall opening.

            4.   No wall sign shall be nearer than 5 feet to any other sign unless such space is calculated as part of the total sign area. See Section 1281.03.

            5.   No wall sign shall extend above the parapet of the main building to which it is attached, nor beyond the vertical limits of such building.

            6.   The wall sign allowance may be used for signs attached to roofed structures over fueling stations.

            7.   Wall signs shall not be painted directly on a building or wall in the Architectural Overlay Zoning District.

            8.   Wall signs shall not exceed one-half of the height of the surface to which they are attached, or 8 feet, whichever is greater, in the Architectural Overlay Zoning District.

            1.    Signage shall not cover more than fifteen square feet of any individual awning or canopy.

            2.    Signage may be mounted above any canopy that extends over a customer entrance provided that the maximum sign height over the canopy shall be 18 inches as measured from the top of the canopy to the top of the sign.

            3.   Only the area of the sign may be illuminated internally on an awning or canopy. The remainder of any awning canopy shall not be illuminated or may be illuminated by an external source such as gooseneck lighting.

            1.   Only one projecting sign shall be permitted for each tenant or building unit except in the Architectural Sign Overlay District when there shall be a maximum of one projecting sign per building.

            2.   A projecting sign shall be perpendicular to the wall of the building to which it is attached and shall not extend more than 4 feet from the facade wall to which it is attached.

            3.    Projecting signs shall maintain a minimum 6-inch clearance from the facade of any building.

            4.    Decorative supporting structures for projecting signs are encouraged and shall not count toward the maximum square footage of sign area allowed, however, in no case shall the supporting structure exceed 6 square feet in area.

            5.   The maximum sign area for a projecting sign shall be 9 square feet.

            6.    Projecting signs shall not be internally illuminated.

            7.    Projecting signs must be suspended from brackets approved by the City Manager, or designee, and contain no exposed guy wires or turnbuckles.

            8.    Projecting signs shall not encroach into any right-of-way except in the Architectural Sign Overlay District when such signs may project up to three feet in the right-of-way subject to the clearance requirements of Section 1281.06(d).

         A.   A.   Only one ground sign is permitted per street frontage. In the Architectural Sign Overlay District, there shall be a maximum of one ground sign per lot.

         B.   Table 1281-C establishes the minimum setback and maximum height and sign area for ground signs in zoning districts.

 

 

 

            1.    Permitted ground signs shall be located in a landscaped area equal to or larger than the total sign area of the applicable sign. Such landscaped area may be an area that fulfills any landscaping requirements of this code. The landscaped area shall include all points where sign structural supports attach to the ground.

            2.   Ground signs shall be monument signs such as no support structures are visible.

            3.   The sign base shall be constructed of the same materials as the building, and the sign style shall be consistent with the architecture of the building located on the same premises.

            4.    Exposed sign foundations shall be constructed with a finished material such as brick, stone, or wood.

         D.   All illumination of signs shall be subject to Section 1281.06(g).

         E.   Ground signs may contain changeable copy. A ground sign may contain up to 100 percent of manual changeable copy in sign area or up to 50 percent of an electronic message sign in sign area subject to the following:

            1.   No additional changeable copy sign area shall be permitted on a ground sign if there is an electronic message sign.

            2.    Electronic message signs shall be entirely enclosed in a frame that is flush with the ground or may be mounted on a foundation or pedestal as part of the overall ground sign. Permitted exterior cladding materials for the frames for such signs are stone or brick.

            3.   Any electronic message sign shall remain static for a minimum of 8 seconds. The transition interval between messages shall be accomplished within one second or less and no animation is permitted during the transition except for a fade or dissolve pattern as defined by this chapter.

            4.   The complete message must fit on one screen.

            5.    Electronic message signs may be located in residential districts but shall comply with the following:

               a.    Only one electronic message sign is permitted on any lot.

               b.    The sign shall be set back a minimum of 200 feet from any building used as a residential dwelling; and

               c.    The electronic message sign shall not be operable before civil dawn or after civil twilight but in no case more than 30 minutes before sunrise and no more than 30 minutes after sunset.

            6.   The electronic message sign shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions.

            7.    Illumination shall not exceed 0.3 foot-candles over ambient lighting conditions when measured at 50 feet in any direction from an electronic message sign.

            8.   Audio emissions from electronic message signs shall be prohibited.

      (1)   Each pole sign shall be located and oriented so that its message area is clearly and continuously visible from at least one direction of travel on the interstate highway.

      (2)   The pole sign shall not exceed 60 feet in height. A variance permitting a greater height may be granted by the Board of Zoning Appeals only if all the following conditions are present:

         A.   The 60-foot height limitation prevents compliance with subsection 1281-09(b)(1) hereof due to one or more visual obstructions. For the purpose of this subsection 1281.09(b)(2), other signs shall not be regarded as visual obstructions.

         B.   The effect of the obstructions cannot be feasibly avoided by locating the sign elsewhere on the same parcel for which the sign is proposed.

         C.   The height granted by the variance is no more than 10 feet greater than necessary to satisfy the visibility requirement of subsection 1281.09(b)(1) hereof.

         D.   The location of the sign will not interfere with the continuing compliance of a previously existing sign to the visibility requirement of subsection 1281.09(b)(1) hereof.

      (3)   Any pole sign with an overall height greater than 25 feet shall be supported by a single pole or standard. All poles or standards used to support the sign shall be painted black or brown. Wood poles or standards shall not be permitted.

      (4)   Each sign permit application for the pole sign shall be accompanied by the certification of a professional architect or engineer that the proposed sign meets all applicable structural safety standards.

      (5)   The sign area of the pole sign shall not exceed 120 square feet.

      (6)   Electronic message signs may be permitted on the pole sign provided:

         A.   The message area for an electronic message sign shall not exceed 20 percent of the allowable for the pole sign.

         B.   Light emitted from the electronic message sign shall be limited to a single illuminated color of sign message on a non-illuminated background color.

         C.   The electronic message sign meets all other standards as established in Section 1281.09(a)(3)E.

      (7)   Such sign shall be set back a distance of at least 8 feet from all public rights-of-way, and shall not be permitted at any location where vehicular sight distances are adversely affected.

      (1)   Window signs shall not require a sign permit but must comply with the requirements of this section.

      (2)   Window signs shall not occupy more than:

         A.   50 percent of the window area in commercial and industrial zoning districts; or

         B.   25 percent in any district subject to the Architectural Sign Overlay District.

      (3)   The sign area is based on the total window area, regardless of the presence of an awning. Window areas separated by piers, architectural elements, or similar features that are not glass or window framing or support shall be considered separate and distinct window areas. See Figure 1281-10.

      (4)   Window signs may be temporarily or permanently attached to the window surface.

      (5)   The sign area of window signs shall not be counted as part of any other sign allowance in this chapter.

      (6)   Window signs are not permitted in any window of a space used for residential uses or purposes unless allowed as a temporary sign in accordance with Section 1281.10.

      (7)   Window signs shall not be illuminated except when illuminated by an external lighting source or up to one square foot of window signage may be internally illuminated provided there is no blinking, flashing, or other movement of the lighting source.

      (1)   Drive-through facility signs shall only be permitted in commercial and industrial zoning districts.

      (2)   One drive-through facility sign shall be allowed for each stacking lane in a drive-through facility provided the total aggregate sign area of all ground signs associated with each drive-through facility does not exceed 72 square feet. In no case shall a single drive-through facility sign exceed 36 square feet in sign area.

      (3)   Such signs shall be oriented so as to only be visible to occupants of vehicles in the stacking lanes of the drive-through facility.

      (4)   No drive-through facility sign under this section shall exceed six feet in height measured from the grade of the adjacent driving surface to the top of the sign.

      (5)   Drive-through facility signs may be internally or externally illuminated. Up to 100 percent of each sign may be an electronic message sign if they comply with the following standards:

         A.   Any message change shall be a static, instant message change.

         B.   Only Light Emitting Diodes (LED) technology or similar quality signs shall be permitted for electronic message signs.

         C.   The electronic message sign shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions.

         D.   The electronic message sign shall be turned off during the hours when the related business is closed.

      (6)   There shall be no maximum drive-through facility sign area in instances where the signs are fully screened from view of any public street or adjacent residential use.

      (7)   The sign area of drive-through facility signs shall not be counted as part of any other sign allowance in this chapter.

      (8)   Drive-through facility signs attached to a wall of building shall be calculated as part of the building signage allowance in Section 1281.09(a)(2).

      (1)   Driveway signs are only permitted in commercial and industrial zoning districts. Driveway shall also be permitted in residential zoning districts only when permitted as part of a permitted nonresidential use.

      (2)   A maximum of two signs shall be permitted for any one driveway.

      (3)   Driveway signs shall be set back at least five feet from all lot lines but in no case shall the sign be set back more than 25 feet from the edge of the driveway where it intersects with the public street.

      (4)   Each driveway sign shall not exceed four square feet in area and three feet in height.

      (5)   Driveway signs may be internally or externally illuminated.

      (6)   The sign area of driveway signs shall not be counted as part of any other sign allowance in this chapter.

      (1)   The placement and allocation of the permanent sign shall be reviewed and decided upon during the subdivision platting process or as part of a site plan review, whichever is applicable and/or comes first where both are required. A sign permit shall be required for the installation and/or any changes to the signs in accordance with this chapter.

      (2)   A satisfactory performance guarantee must be posted with the City, where required for subdivisions, assuring completion of the public improvements in the development.

      (3)   One permanent ground sign shall be permitted for each subdivision or development where such signs are permitted. The Planning Commission may permit additional signs if the subdivision or development has separate access points off of a collector or arterial road.

      (4)   The sign shall be located within 150 feet of an entrance point into the subdivision or development.

      (5)   The sign may be located in the right-of-way upon written approval of the specific size, design and location by the City Engineer and if such location is significantly more beneficial to the public interest than any location on private property.

      (6)   The maximum sign area shall be 40 square feet if the adjacent thoroughfare has a speed limit of less than 40 miles per hour or a maximum sign area of 60 square feet where the adjacent thoroughfare has a speed limit of 40 miles per hour or greater.

      (7)   The maximum sign height shall be six feet in residential zoning districts and 10 feet in nonresidential zoning districts.

      (8)   The subdivision plat or site plan shall include the location of the sign and how the sign area shall be allocated to individual lots or tenants for nonresidential development.

      (9)   Signs permitted under this section may be located on a lot with another freestanding sign as allowed in Section 1281.09(a) without reducing the amount of other signage allowed on the same lot in accordance with this chapter.

         A.   Up to two wall signs may be permitted as an alternative to the permitted ground sign above.

         B.   The wall signs shall be mounted to a decorative wall or fence that generally runs parallel with the street and has a minimum length of 500 feet.

         C.   If an applicant proposes to use wall signs, no ground sign as allowed above, shall be permitted.

(Ord. O-21-6. Passed 6-17-21.)

   The following are the types of t emporary signs allowed in the City of Springboro, including any applicable regulations for each type of sign.

      (1)   Temporary signs shall not be mounted, attached, affixed, installed or otherwise secured in a manner that will make the sign a permanent sign.

      (2)   No temporary sign shall be mounted, attached, affixed, installed or otherwise secured so as to protrude above the roofline of a structure.

      (3)   Temporary signs shall not be posted in any place or in any manner that is injurious to public property including, but not limited to, rights-of-way, utility poles and public trees.

      (4)   All temporary signs shall be secured in such a manner as to prevent swinging or other significantly noticeable movement resulting from the wind that could pose a danger to people, vehicles or structures.

      (5)   Temporary signs shall be required to comply with applicable clear vision area requirements of Section 1262.08.

      (6)   Unless otherwise specifically stated, temporary signs shall not be illuminated.

      (7)   Banner signs shall not be subject to the maximum height requirements of this section provided they are not attached above any roofline.

      (8)   No temporary sign shall require a foundation, support, wiring, fittings or elements that would traditionally require a building permit or electrical permit.

      (9)   Temporary signs shall not be affixed to any permanent sign or permanent structure except when a banner sign is permitted to cover a permanent sign in accordance with Section 1281.10(d)(3) or when such sign is attached to the principal building as permitted in this chapter.

      (10)   No streamers, spinning, flashing, windblown devices or similarly moving devices shall be allowed as part of or attachments to temporary signs.

      (11)   Where a temporary sign is designed to have two sign faces (sidewalk signs or temporary yard signs), such sign faces shall be of the same size and mounted back-to-back. In the cases of an A-frame sidewalk sign, the sign faces shall be mounted back-to-back but may have an angular separation between faces to form the A-frame shape.

      (12)   Temporary signs shall be constructed of a material that is substantial enough to withstand typical winds and weather for the duration of the placement.

      (13)   Because of the nature of materials typically used to construct temporary signs and to avoid the unsightliness of deteriorating signs and all safety concerns which accompany such a condition, temporary signs shall be removed or replaced when such sign is deteriorated.

      (1)   Such signs shall comply with the standards that apply to all temporary signs in Section 1281.10(a) above.

      (2)   Such signs shall be limited to temporary window signs (i.e., not permanently affixed to the window), banner signs, or temporary yard signs.

      (3)   The maximum height of temporary signs without commercial message shall be six feet unless:

         A.   It is a banner sign mounted to a structure, in which case, the banner sign shall not be mounted above the roofline or the top of the structure; or

         B.   The applicable zoning district allows for taller permanent ground signs, in which case, the temporary signs shall not exceed the height of the maximum height allowed ground signs in the applicable zoning district.

      (4)   Banner signs without a commercial message may be attached to a building, fence, or other similar permanent structure.

      (5)   There shall be no limitation on the number or size of temporary signs without a commercial message.

      (1)   The signs are limited to temporary yard signs or signs posted in a window.

      (2)   The maximum sign area for all temporary signs with a commercial message shall be 12 square feet with a maximum height of 6 feet. No single sign shall exceed 6 square feet in sign area.

      (3)   There shall be no time limit established for these signs but such signs shall be removed if they are deteriorated.

         A.   Only one sidewalk sign is allowed for each business establishment and shall be located within 5 feet of the entrance of such business.

         B.   The sidewalk sign shall be limited to an A-frame sidewalk sign or a T-frame sidewalk sign.

         C.   There shall be no time limitation for sidewalk signs with the exception that the sign shall only be placed outside during the hours of the establishment's operation.

         D.   Such signs shall not exceed 12 square feet in area with a maximum sign width of 3 feet and a maximum sign height of 4 feet.

         E.   The sign may be located on a public or private sidewalk or walkway provided it is placed on pavement and not in any landscaped areas. Additionally, such signs shall not be placed on pavement used for vehicles (e.g., driveways and parking lots).

         F.   The width and placement of the sign shall be such so that there shall be a minimum width of 4 feet of clear and passable sidewalk or walkway for pedestrians.

         G.   The sign must be freestanding and shall not be affixed, chained, anchored, or otherwise secured to the ground or to any pole, parking meter, tree, tree grate, fire hydrant, railing, or other structure.

         H.   The sign must not obstruct access to parking meters, bicycle racks and other features legally in the right-of-way.

         I.   The sign must not interfere with the opening of car doors in legal spaces, or with the operation of wheelchair lifts and ramps, cab stands, loading zones or bus stops.

         J.   The sign shall be internally weighted so that it is stable and windproof.

         K.   The City of Springboro shall be held harmless from any liability resulting from accident or injury caused by the placement and/or maintenance of such sign.

         A.   The maximum area of all temporary signs subject to this subsection shall be 32 square feet and no single sign shall exceed 16 square feet in sign area.

         B.   The maximum height shall be 6 feet.

         C.   The signs are limited to temporary yard signs, banner signs, or signs posted in a window.

         D.   There shall be no time limit established for these signs but such signs shall be removed if they are deteriorated.

         A.   One additional temporary sign shall be permitted for each street frontage for a maximum of 30 days per each evenly timed quarter of the calendar year (January to March, April to June, July to September, and October to December).

         B.   The temporary sign shall require a sign permit.

         C.   The maximum sign area of any temporary sign shall be one-half of the permanent building sign area on the principal building or 36 square feet, whichever is less.

         D.   The sign may be a temporary yard sign or a banner sign.

(Ord. O-21-6. Passed 6-17-21.)

   (a)    Any sign that was lawfully in existence at the time of the effective date of this chapter, or amendment thereto, that does not conform to the provisions herein, shall be deemed lawfully nonconforming and may remain on a lot of record except as qualified below.

   (b)   No lawful nonconforming sign shall be enlarged, extended, structurally altered, or reconstructed in any manner, except to bring it into full compliance with these regulations, except that these regulations shall not prohibit maintenance, minor repairs, or the replacement of the content of a sign provided there is no structural modification of its size, location or configuration.

   (c)   A sign shall lose its lawful nonconforming status if any of the following occurs:

      (1)   If such sign is damaged to an amount exceeding 50 percent of the sign's replacement value, as determined by at least 2 sign companies requested to provide a quote by the City;

      (2)   The structure of the sign is altered in any form;

      (3)   The sign is relocated;

      (4)   The sign is nonconforming and the principal use of the property is voluntarily discontinued for a period of at least 6 months;

      (5)   The sign is defined as a temporary sign and has been in use for more than one year following the effective date of this amendment; or

      (6)   The nonconforming sign and its structure (including support and frame and panel) are determined by the City Manager, or their designee, to be unsafe or in violation of this code and are declared a nuisance.

   (d)   Any sign that loses its legal nonconforming status must be brought into compliance with the provisions of this chapter and any other City laws and ordinances by an application for, and issuance of, a sign permit or by complete removal.

   (e)   Failure to bring a sign into compliance after loss of a legal nonconformity status shall cause the sign to be considered an unlawful sign.

(Ord. O-21-6. Passed 6-17-21.)

   (a)   In the case of lawfully nonconforming land uses (such as a lawfully established business located in an area later zoned residential), the allowable sign area shall be that which would be in effect if the existing use were located in the most restrictive zoning district allowing such land use. Further, no new signs associated with nonconforming land uses shall be erected, except replacements which are the same or smaller in size than the sign being replaced.

   (b)   In the event that a sign associated with a nonconforming land use is moved or replaced, its new location must conform to the setback requirements of the district in which it is located, as if it were a building.

(Ord. O-21-6. Passed 6-17-21.)

   (a)   The administration and initial enforcement of this chapter shall be the responsibility of the City Manager or any such municipal personnel as may be designated by the City Manager.

   (b)   The City Prosecutor shall prosecute violators following the issuance of a citation.

(Ord. O-21-6. Passed 6-17-21.)

   (a)   No sign, except those listed in , shall be erected, installed or otherwise displayed in the City without a permit having been first obtained by application to the Building Inspection Division.

   (b)   Permits shall not be required for normal maintenance or repair of an existing sign not involving structural design changes, or for message revisions which maintain conformity with this chapter. All sign permits are issued subject to the appeal provisions of Section 1281.15.

   (c)   Permits shall bear a fee as set forth in the Fee Schedule in Section 1464.05 of Chapter 1464 of the Codified Ordinances. However, permits issued for signs already erected or displayed at the time of permit application shall bear twice the current fee. No fee shall be charged for signs that do not require a permit pursuant to this chapter.

   (d)   Sign permits may also be subject to State of Ohio surcharges.

   (e)   Sign permit applications may be made only by the owner or lessor for parcels occupied by more than one lessee, such as office buildings and shopping centers.

   (f)   The City Manager, or their designee, may revoke a sign permit where there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application. The City Manager, or their designee, shall issue a written statement with their decision, explaining the reasons for revocation.

(Ord. O-21-6. Passed 6-17-21; Ord. O-24-6. Passed 3-7-24.)

   (a)   Any written decision by the City Manager, or their designee under Section 1281.13 may be appealed to the Board of Zoning Appeals by any person directly and adversely affected, if such appeal is filed within 10 days after the date of the decision.

   (b)   A properly filed application appealing the decision of the City Manager, or their designee, relative to the legality of a sign under this chapter shall stay all abatement action until a decision on that appeal is made by the Board of Zoning Appeals, except for removal of a hazardous sign under the provisions of Section 1281.06(f).

   (c)   Applications for appeal shall bear the current fee set forth in the Fee Schedule in Section 1464.05 of Chapter 1464 of the Codified Ordinances, refundable if the appeal is granted in its entirety.

(Ord. O-21-6. Passed 6-17-21; Ord. O-24-6. Passed 3-7-24.)

   (a)   A variance from any provision of this chapter, except sign area, may be granted by the Board of Zoning Appeals. A variance from any sign area provision may be granted by the Planning Commission. In either event, the variance shall only be granted where the strict interpretation of this chapter would create an unusual and unnecessary hardship on the property owner or occupant due to the unique location or physical characteristics of the property, if such variance would not adversely affect the public interest in any substantial manner, and if the relevant physical characteristics of the property were not caused by a current or previous owner or occupant. Intentional acts by an owner or occupant officially approved by the City of Springboro shall not act as a bar to the determination of a hardship.

   (b)   In the event that a sign is established in violation of any provision of this chapter, no application for a variance allowing such sign shall be accepted, processed or reviewed by the Board of Zoning Appeals while the illegal sign remains in place.

   (c)   Following disapproval by the Board of Zoning Appeals of an application or request for a variance, no subsequent application requesting the same variance shall be filed by any applicant, whether or not the same person, firm or corporation, until the expiration of 12 months after the disapproval.

   (d)   Applications for variances shall bear the current nonrefundable fee set forth in the Fee Schedule in Section 1464.05 of Chapter 1464 of the Codified Ordinances.

(Ord. O-21-6. Passed 6-17-21; Ord. O-24-6. Passed 3-7-24.)

   (a)   The primary responsibility and authority for interpretation of this chapter rests with the City Manager, or their designee. When the City Manager, or their designee, finds that any section of this chapter is unclear, or when any applicant for a sign permit or person directly and adversely affected by the issuance of such permit files an appeal disputing the interpretation of the City Manager, or their designee, the Board of Zoning Appeals shall hear relevant arguments on the question, and shall render a decision. The following principles shall be applied when making interpretations:

      (1)   This chapter is generally written in permissive language. Signs not specifically and expressly identified, defined and permitted by this chapter are prohibited.

      (2)   A sign will fall under at least one functional classification and at least one structural classification under the definitions of this chapter. Each sign must satisfy the regulations for all such classifications.

      (3)   Where two regulations are in conflict, the more specific shall prevail. Where neither regulation is more specific, the more restrictive shall prevail.

      (4)   Ambiguity should be resolved to maximize consistency among the provisions of the chapter, and effectuate their intent.

   (b)   Requests by the City Manager, or their designee, to the Board of Zoning Appeals for interpretations, and appeals to the Board of Zoning Appeals of interpretations by the City Manager or designee from applicants or persons directly and adversely affected by the issuance of a permit, shall carry no fee.

(Ord. O-21-6. Passed 6-17-21.)

   The commercial message sign area allowed for any sign permitted in this chapter may be substituted with a noncommercial message. A sign permit shall not be required for this substitution if there is no structural change to the sign.

(Ord. O-21-6. Passed 6-17-21.)

   If the type of any sign that legally existed prior to the effective date of this chapter is reclassified by this chapter, such sign shall be classified as the sign type defined in Chapter 1290, and shall be subject to the applicable standards for such sign type from the effective date of this chapter. Such reclassification shall be regardless of any variances that were approved prior to the effective date of this chapter.

(Ord. O-21-6. Passed 6-17-21.)

   Should any part of this chapter be found unenforceable by a court of competent jurisdiction, the remainder of this chapter shall remain in full force and effect to the extent not in conflict with the court's decision.

(Ord. O-21-6. Passed 6-17-21.)

   Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation, may each be found guilty of a separate offense and suffer the penalties provided in this section. Nothing contained in this section shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation, including enforcement of the General Offenses Code (Part Six of the Code of Ordinances).

(Ord. O-21-6. Passed 6-17-21.)