As used in this chapter, the following definitions shall apply:

   (a)   "Sign" means a publicly displayed notice, message, or design, or means of attracting attention, including all faces and any mounting or frame or box; whether illuminated or non-illuminated; whether combination of or solely letters and/or logos and/or highlighting and/or accenting or trim or framing using lines and/or colors; whether temporary or permanent; visible or apparently readable from the outdoors or upon viewing the exterior premises of any building, structure or land, or within a mall in a Shopping Center District.

   (b)   "Publicly displayed" means any sign whether free standing or located at ground level or as a part of, outside of, or in front of any roof, pole, wall or any fascia on premises of any building, structure or land, including any portion of the exterior surface of a building or structure, including, but not limited to, any sign visibly or apparently readable from the outdoors through any transparent portion of a building.

   (c)   "Temporary Sign" means a sign, the display of which is intended or permitted only for a limited period of time, otherwise subject to the regulations contained in this Chapter 1270.

   (d)   "Commercial or business or advertising sign".

      (1)   "Commercial or business or advertising" sign means, but is not limited to, any sign, in the exercise of commercial or business free speech, that has the purpose or effect of advertising, including, but not limited to: promoting, marketing, publicizing and/or identifying or giving a notice or message for any business, or offering any product, service or activity on behalf of any business, commercial enterprise, trade, profession or firm, and/or identifying the name of the person or persons or business, commercial enterprise or firm conducting or benefitting from or interested in such business, commercial enterprise, trade, profession or farm whether or not such business, product, service or activity is conducted in, upon or around such premises.

      (2)   "Business, product, service or activity" means, is not limited to, any product, service, or activity from any business, commercial enterprise, trade, profession or firm available to or for the benefit of members of the public consider, evaluate, participate in, or take advantage of by reason of viewing or reading any advertising sign.

      (3)   "Political sign" means any sign that endorses, supports or advocates or opposes or discusses any election or political, issue, or advocates or supports any candidate for public office in any general, primary or special election.

   (e)   "Window signs" are signs painted on or posted against the inside of windows or translucent doors facing a street. Each window or glass or translucent area separated by a door, mullion or structural or other architectural appurtenance shall be deemed a separate window. The size of such signs shall be determined by a measurement of the entire sign area.

   (f)   "Identification sign" means a sign that designates a building name and/or company name and/or address and/or phone number or other means of communication and/or the name of a development.

   (g)   "Accent banner" may include a street spanning banner or streamer (from Section 1270.05(i)) and is a sign intended for civic, institutional and/or area celebration of holiday, historic awareness, seasonal citywide greetings or special events, institutional pathfinders or announcements of general interest for the community, or the enhancement of the streetscape.

   (h)   "Ground sign" is any sign embedded in or mounted on the ground or located at ground level and no more than five feet in height above ground level and shall include, but not be limited to, free standing wall signs.

   (i)   "Pole sign" is any sign mounted so that the bottom of the sign is five feet or more in height above ground or grade level, however it is supported, whether on a pole or post or foundation.

   (j)   Flags or symbols used for the same purpose as signs shall be deemed signs.

   (k)   "Box sign" is a sign constructed in a contained unit which may be square, rectangular, circular, spherical or other geometric shape or in a free form.

   (l)   An awning, canopy, marquee, or mansard if translucent shall be deemed a sign to the extent it is back lit.

   (m)   "Traffic control devices" are defined in Section 402.52 and Ohio R.C. 4511.01(QQ) regulated under Section 414.07 and shall include signs directing the flow of traffic on private property.

(Ord. 97-05. Passed 12-15-1997.)

   (n)   "Personal expression sign" is a temporary sign under 1270.11(a)(4) which may be displayed for up to 30 days in any one year period and means any sign that expresses an individual view or greeting without directly inciting hatred or violence.

(1982 Code, § 1120.01) (Ord. 99-04. Passed 3-1-1999; Ord. 2011-02. Passed 2-7-2011.)

   (a)   All signs shall conform to the provisions of this chapter.

   (b)   Signs shall be permitted in U-3, U-5, U-6, U-7, U-8, U-9 Districts, including any subsequent amplification of shopping center or other districts, but not in Residential Districts U-1, U-2, and U-4 unless to reflect the address or a political sign, except as otherwise specifically permitted by ordinance or motion passed by Council.

   (c)   Commercial or business or advertising signs are deemed contrary to the family and residential uses allowed in U-1, U-2 and U-4 Residential Districts and such signs, excluding political signs, are prohibited.

   (d)   Traffic control devices and/or signs are permitted.

(1982 Code, § 1120.02) (Ord. 97-05. Passed 12-15-1997; Ord. 2006-48. Passed 9-18-2006; Ord. 2011-03. Passed 2-7-2011.)

   (a)   (1)   No person shall erect, construct, alter or maintain a sign on public property in the City of University Heights without first obtaining the permission of the Safety Director, unless such sign is otherwise required or permitted by law or ordinance including, but not limited to, signs regulating traffic or parking, or for identification.

      (2)   No person shall erect, construct or alter a sign, excluding political signs, in any U-3, U-5, U-6, U-7, U-8 or U-9 District or for a nonresidential use in a U-1, U-2 or U-4 District, in the City without first obtaining a permit from the Division of Building Engineering and Inspection.

   (b)   Content and consistency of signs shall be regulated as follows:

      (1)   Content may include:

         A.   Identifying the name of the owner or operator or lessee, or the authorized representative;

         B.   Advertising goods sold and/or services available on the premises or advertising availability of the site for land or building development or rental; (See Section 1270.01(d)(1).)

         C.   The address of the premises; and

         D.   The telephone number and/or fax number at the premises.

      (2)   Consistency. Wherever a site is under one ownership or operated as a unit with a single roof and/or parking in common, signs shall be relatively consistent and uniform in appearance and location (either on the building or on awning but not both), size, type and style of lettering, color and architectural scale.

      (3)   Signs shall be maintained in good condition at all times.

   (c)   All sign permit applications shall be accompanied by two black and white sketches and one true color sketch of the proposed sign or equivalent, dimensionally proportional and specifying the dimensions, the layout, design and colors of the letter, logo, if any, background and lines of the sign together with a completed application form, as required by the Building Commissioner, approved by the Law Department, reflecting:

      (1)   Boundaries of the lot where the sign will be located showing the centerline of any street on which the lot fronts;

      (2)   Location of the building on the lot including applicable setback and side yard requirements and the setback of any building from such centerline;

      (3)   The lineal frontage of the building or structure;

      (4)   A statement indicating the absence of any sign on the premises, or

         A.   Identify each sign on the premises that will remain including the dimensions and square footage of each.

         B.   Photograph of the front and side elevations of the building, structure or premises showing any existing signs, and an elevation sketch showing the proposed sign on it.

      (5)   For a free standing wall sign or ground sign, the applicant shall provide a site plan, elevations and the proposed location of the sign with complete dimensions.

   (d)   The Building Commissioner may waive or require further information to the extent appropriate and reasonably necessary to enforce the provisions of this chapter.

   (e)   Said application shall be subject to review, recommendations and/or findings as follows:

      (1)   The Chief of Police with respect to any potential safety hazard;

      (2)   The Building Commissioner may forward any sign application to the Architectural Review Board when he or she determines that the design, shape, size, location or other feature of the sign requires review. The Building Commissioner may require any sign to be considered by the Board of Zoning Appeals.

   (f)   Within a reasonable time after submission of a properly completed application, the Building Commissioner shall determine whether said application conforms to the provisions of this chapter and shall approve or disapprove the application.

   (g)   Any rejection or disapproval may be appealed to the Board of Zoning Appeals as provided in Sections 1244.01 et. seq.

(Ord. 2002-24. Passed 8-12-2002; Ord. 2006-48. Passed 9-18-2006; Ord. 2011-04. Passed 2-7-2011.)

   (a)   No other signs are permitted in the City except as authorized and provided for in this chapter.

   (b)   Subject to the provisions of this chapter, the following signs that meet the following standards are permitted in the City:

      (1)   Exterior signs that are weatherproof.

      (2)   Duration.

         A.    Permanent signs.

         B.    Temporary signs.

      (3)   Content. Specific content of signs shall not be considered (See Section 1270.03(b)), but is subject to limited regulation in residential districts.

      (4)   Location, In U-3, U-5, U-6, U-7 and U-8 Districts signs may be placed in store windows, upon building walls, upon free standing walls, including fascia, at ground level and/or on accent banners.

(1982 Code, § 1120.04) (Ord. 97-05. Passed 12-15-1997.)

   Signs may not be located in front of the building setback line, and, unless expressly permitted, the following types of signs are prohibited to the extent such signs are:

   (a)   Flimsy or nonweatherproof signs, including, but not limited to, signs made of cloth or paper or insecurely mounted;

   (b)   Pole signs;

   (c)   Portable, flashing, moving or revolving signs;

   (d)   Searchlights, balloons or sound attraction devices;

   (e)   Signs containing wording and/or color combinations similar to traffic control signs or devices that are therefore unsafe in that they are likely to confuse motorists and/or pedestrians;

   (f)   Back lit translucent signs integrated into or framed by any awning, canopy, marquee, or mansard;

   (g)   Signs devoting 50% or more of the permitted sign face area or more than 15 square feet, whichever area is less, to the use of logos, trademarks, insignias, emblems, devices or other symbols;

   (h)   Signs, or portions of structures, awnings and/or fascia, neon or neon type or laser signs.

(1982 Code, § 1120.05) (Ord. 97-05. Passed 12-15-1997.)

   (a)   The aggregate area of all signs, in any Use District, shall not exceed the following limits:

      (1)   For building with a setback of zero feet to 125 feet, the aggregate area of all signs shall not exceed two square feet for each linear foot of horizontal building frontage;

      (2)   For buildings with a setback greater than 125 feet, but not more than 250 feet, the aggregate area of all signs shall not exceed three square feet for each linear front foot of horizontal building frontage;

      (3)   For buildings with a setback greater than 250 feet, the aggregate area of all signs shall not exceed four square feet for each linear foot of horizontal building frontage.

   (b)   Setback distance for signs shall be measured from the centerline of the principal thoroughfare that provides direct customer access to the building and that abuts the parcel of land on which the building is erected or the shopping center of which the building is a part.

   (c)   Construction signs shall not be located closer than 15 feet from the nearest curb.

(1982 Code, § 1120.06) (Ord. 97-05. Passed 12-15-1997.)

   (a)   Signs on store frontage shall be limited to one side of a building, except:

      (1)   At a business corner where both streets are within zoning District U-7, U-8 and U-9, a sign may be erected covering an area not to exceed the area permitted under Section 1270.06(a);

      (2)   At a business corner where one street is within zoning District U-7, U-8 and U-9, but the other street adjoins a U-1, U-2 or U-4 Residential District, if a window faces the Residential District, a non-illuminated sign, not to exceed one square foot of area for each linear foot of horizontal width of the side window, may be placed parallel with the wall facing the residential district.

   (b)   The total area of a sign includes:

      (1)   All visible faces of a permanent panel;

      (2)   The area within the perimeter of a built-in architectural sign;

      (3)   A permanent or temporary sign placed upon the surface of a building or upon any window or door;

      (4)   A sign located within a building that is visible from any public street.

   (c)   No sign shall be painted directly upon the exterior surface of a building or structure.

   (d)   Signs displayed, attached to or painted on the inside of a show or display window shall not exceed 20% of the total area of the show or display window.

(1982 Code, § 1120.07) (Ord. 97-05. Passed 12-15-1997; Ord. 2006-48. Passed 9-18-2006.)

   (a)   Illuminated signs shall not have light sources of excessive brightness deemed by the Police Chief to be unsafe or hazardous to pedestrians or motorists unless adequately screened.

   (b)   Illuminated signs shall be shielded and directed away from residential districts and residential streets.

   (c)   Flashing, moving or intermittent illumination of signs is prohibited, except any sign that displays time and temperature.

      (1)   So long as the interval between time and temperature is a minimum of ten seconds.

      (2)   Illumination is restricted to letters and numerals only.

(1982 Code, § 1120.08) (Ord. 97-05. Passed 12-15-1997.)

   (a)   Wall Signs: Location, Size, Structure.

      (1)   A sign shall be located on a building wall adjacent to a major street, and may be placed on a wall adjacent to a parking area, if there is a direct customer entrance between such a street and/or parking area and such building.

      (2)   Any sign permitted at a secondary public entrance shall be limited to six square feet in area. (See Section 1270.07(b)(2).)

      (3)   A sign shall not extend higher than the top of a parapet wall of a building or project more than 24 inches in front of the established building line.

      (4)   Signs may be permitted on a canopy or awning only if a wall sign is not possible or wholly impracticable.

      (5)   Structure. All signs shall be erected and maintained so as to be safe and secure so as not to fall or cause danger to person or property nor to rot or deteriorate or be blown down by reason of weather, and shall be subject to applicable regulations contained or incorporated i the Codified Ordinances.

   (b)   Uniform Adjacent Signs. If two or more adjacent business units on the same parcel have a similar or continuous marquee, canopy, mansard, permanent awning or building face, such adjacent signs shall be substantially similar in design and color.

   (c)   Color. All signs shall be limited to two colors, excluding any one background color. For this purpose, white or any shade thereof shall be considered a color.

   (d)   Free Standing Wall Signs.

      (1)   In addition to any other type of permitted sign, one free standing wall, may be erected being:

         A.   Not more than 12 feet wide; and ,

         B.   Containing not more than 30 square feet of signage on each face.

      (2)   Such sign shall contain not more than two sign faces with space proportionately allocated to each tenant and/or to identify the address and building name.

      (3)   Said wall shall be constructed of either burnt clay brick, stone, or precast panels for which samples shall be provided for approval by the City Architect.

      (4)   Such wall shall be located on front of the building setback line, and setback at least five feet from the nearest edge of the public sidewalk, and shall be erected perpendicular to the public street.

      (5)   Plantings shall be placed around any free standing wall.

(1982 Code, § 1120.09) (Ord. 97-05. Passed 12-15-1997.)

   No temporary or permanent signs shall be mounted upon a utility pole or tree, except those placed for identification purposes or otherwise authorized by utility company owners.

(1982 Code, § 1120.10) (Ord. 97-05. Passed 12-15-1997.)

   (a)   Notwithstanding the provisions of 1250.02(d), 1270.17(a), 1270.05(g) or 1270.09(c), no more than two temporary signs on a single parcel may be located in residential districts if such signs are: inside windows; contain total signage of not more than six square feet on each surface; when erected in the front yard are: the top of the sign shall not be higher than four feet above grade between the front setback line and the inside of the sidewalk; and at least 20 feet from the nearest curb or fifteen feet from the inside edge of the sidewalk, whichever is closest to the setback line; and are otherwise, safely, securely erected so as to avoid injury to the person and/or property, without any permit if such signs are:

(Ord. 99-04. Passed 3-1-1999.)

      (1)   Homeowners signs which may be posted, authorized or displayed by homeowners regarding or offering their residential property "for sale" on their own premises, however such signs shall be displayed no more than 90 days after placement, and one additional 90-day period, after which time it must be removed for a minimum of 30 consecutive days before replaced for any additional period; providing such signs do not otherwise constitute commercial use primarily advertising a business or broker considering the definitions in Section 1270.01(d)(1) and/or 1270.01(d)(2); however, such "for sale" signs are deemed not to be an impermissible commercial use solely because they contain information which identifies a means of communication as an incident of residential use such as any phone number and/or the identity, and if applicable, broker of a party to contact. All such homeowners' signs shall be limited to two colors, excluding any one background color. For this purpose, white or any shade thereof shall be considered a color. All homeowners' signs shall be removed within seven days after title to the property transfers or the home is no longer offered "for sale". No sign shall contain a photograph of any person or motto of any kind unless authorized by the Ohio Administrative Code.

      No attachment to a "for sale" sign shall be permitted except open signs or open arrows or directional arrows may be displayed up to 30 minutes before and 30 minutes after a scheduled open house, provided that such signs shall not be placed on public property.

      (2)   Security signs only as permitted under Section 808.06(h).

(Ord. 97-05. Passed 12-15-1997.)

      (3)   "Signs of personal expression" as defined in Section 1270.01(n).

(Ord. 99-04. Passed 3-1-1999.)

      (4)   Homeowners signs which may be posted, authorized or displayed by homeowners regarding or offering their residential property “for rent” or indicating a “vacancy” on their own premises, however such signs shall be displayed no more than 90 days after placement, and one additional 90-day period, after which time it must be removed for a minimum of 30 consecutive days before being replaced for any additional period. Such sign must be immediately removed upon renting the residential premises or filling all vacancies thereof. All such homeowner signs shall be limited to two colors, excluding any one background color. For this purpose, white or any shade thereof shall be considered a color. No sign shall contain a photograph of any person or motto of any kind unless authorized by the Ohio Administrative Code. No attachment to a “for rent” or “vacancy” sign shall be permitted.

(Ord. 2009-11. Passed 3-16-2009.)

   (b)   Subject to the requirements of Section 1270.11(a), all other temporary signs, except on private property in residential use districts, after obtaining a permit as required under Section 1270.03(a), may be displayed for 30 days; extension for not more than additional periods of 30 days each may be granted for good cause on application to the Mayor at least 15 days prior to the end of the permitted time.

(Ord. 98-41. Passed 7-6-1998.)

   (c)   Enforcement. On the authority of the Building Commissioner, upon notice or order served in person or by posting on the site or by certified mail to the owner of the premises or his or her agent that a sign on the site does not conform to the foregoing requirements, such owner or his or her agent shall remove such sign forthwith.

   (d)   Appeals. Any rejection or disapproval regarding temporary signs may be appealed to the Board of Zoning Appeals as provided in Chapter 1244.01 et seq.

(1982 Code, § 1120.11) (Ord. 97-05. Passed 12-15-1997; Ord. 2011-05. Passed 2-7-2011.)

   Accent Banner signs shall be permitted on application in accordance with Section 1270.03 together with the required fee to the Division of Building Engineering and Inspection if provided for installation under the direction of the Division of Building Engineering and Inspection in conformity to the following:

   (a)   An accent banner sign shall not be more than 32 inches in width nor more than eight feet in height.

   (b)   An accent banner sign shall be attached by the applicant no less than 13 feet above grade.

   (c)   All hardware necessary to install and mount and secure banner signs shall be reviewed by the Building Commissioner and shall be installed and subsequently removed by the utility company or its authorized agent.

(1982 Code, § 1120.12) (Ord. 97-05. Passed 12-15-1997.)

   (a)   Determination of Nonconformity. Any sign which does not conform to this ordinance on its effective date shall be deemed a nonconforming sign use.

   (b)   Authority to Continue Nonconforming-Sign Uses. Any nonconforming sign which was erected and in place pursuant to City Permit on the effective date of this ordinance may continue to be allowed only in accordance with the following regulations:

      (1)   Repairs. Ordinary repairs and maintenance and nonstructural alterations may be made upon a nonconforming sign. No structural alterations shall be made in, to or upon a nonconforming sign, except to conform to this chapter.

      (2)   Additions and enlargements. No addition or enlargement shall be made to a nonconforming sign except in order to make such sign conform to this chapter.

      (3)   Removing or moving. Authority to continue a nonconforming sign use shall terminate upon the removal or moving of a nonconforming sign and installation of such sign in any other location in the City is prohibited.

      (4)   Restoration of damaged nonconforming signs. Authority to continue a nonconforming sign use shall terminate, upon damage or destruction by a fire, natural catastrophe or other cause for which the cost of restoration is likely to exceed 60% of the original cost of such sign as reflected on the original sign permit, or for which there will be structural alterations.

      If such damage or destruction is likely to cost less than 60% of said original cost, a permit to restore shall be obtained and work shall commence within six months of such damage or destruction and diligently pursued to completion.

      (5)   Discontinuance of use of nonconforming signs.

         A.   Such nonconforming sign shall be removed upon discontinuance of use of a nonconforming sign for 30 days or more.

         B.   Such nonconforming sign shall be removed 30 days after the business, use or identity associated with the nonconforming sign use terminates or substantially and materially changes.

      (6)   Sunset provision as to nonconforming uses. All nonconforming signs shall be removed by January 1, 2003, and may thereafter be altered, remodeled or replaced only in conformity with this chapter.

      The foregoing shall not apply to any sign, graphic or numeral display embossed, etched, engraved or otherwise integrated into the original building's masonry architecture provided the same is maintained as originally designed.

      (7)   Any appeal from this provision shall be filed with the Board of Zoning Appeals before July 1, 1999. Neither costs of compliance, mere inconvenience, nor uniformity within an applicant's company shall be considered by the Board of Zoning Appeals as a hardship; however, the Board of Zoning Appeals may consider difficulties due to: (i) topography, (ii) architecture and site lines, (iii) proximity to any sidewalk or roadway.

(1982 Code, § 1120.13) (Ord. 97-05. Passed 12-15-1997; Ord. 99-04. Passed 3-1-1999.)

   Notwithstanding the foregoing, holiday lights and decorations, during time periods proclaimed by the Mayor or resolved by Council to be holiday periods, shall not be subject to this Chapter 1270.

(1982 Code, § 1120.14) (Ord. 97-15. Passed 12-15-97.)

   Applications and/or registration forms referred to herein shall be prepared under the direction of the Division of Building Engineering and Inspection, approved as to form by the Law Director.

(1982 Code, § 1120.15) (Ord. 97-05. Passed 12-15-1997.)

   (a)   Any required permit fees are specified in Chapter 1424.

   (b)   There shall be no permit fee for any political sign.

(1982 Code, § 1120.16) (Ord. 97-05. Passed 12-15-1997.)

   (a)   A sign shall not violate side yard or rear yard limitations and, unless specifically permitted by ordinance, shall not be erected or located on any driveway or walkway or in front of any front setback.

   (b)   A sign shall not impair any motorist's view of pedestrian or vehicular traffic.

   (c)   A sign shall not be related or connected in any way to sound attraction devices, or flashing illumination.

(1982 Code, § 1120.17) (Ord. 97-05. Passed 12-15-1997.)

   If any provision of this chapter is found to be invalid or unconstitutional, or if the application of this chapter to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this chapter to the extent they can be given effect without invoking the invalid or unconstitutional provision or application. (See also Section 1242.13.)

(1982 Code, § 1120.97) (Ord. 97-05. Passed 12-15-1997.)

   The Building Commissioner may order the removal of any sign that violates this chapter by citation and, in the absence of a timely appeal to the Board of Zoning Appeals filed within five (5) days of such citation, the Director of Law is authorized to institute or cause an appropriate civil or criminal action or proceeding in the Shaker Heights Municipal Court or any other court having appropriate jurisdiction so as to prevent or restrain or abate or correct a violation of this chapter. Each day a sign remains in violation of this chapter shall constitute a separate offense.

(See also Section 1470.05.) (Ord. 97-05. Passed 12-15-1997.)

   Whoever violates any provision of this chapter is guilty of a sign nuisance governed by Chapter 1442.

Whoever violates any provision of this chapter is guilty of a zoning violation as governed herein and is guilty of a minor misdemeanor for the first offense and shall be fined not more than one hundred dollars ($100.00); a fourth degree misdemeanor for the second offense and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than 30 days, or both; and a first degree misdemeanor for the third offense and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.

(1982 Code, § 1120.99) (Ord. 97-05. Passed 12-15-1997.)