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Waynesville City Zoning Code

SIGNS

§ 153.250 PURPOSE AND SCOPE.

   (A)   This chapter is in pursuance of the authority granted by the Ohio Revised Code and the Charter of the village to promote the health, safety, convenience, prosperity, and general welfare of the residents of the village, and to acknowledge and accommodate the legitimate needs of business, to provide every business person with equal opportunity to present such business visually, to protect the community from unsightly visual clutter and abuse, and to retain and increase aesthetic value of the community. It is further intended to reduce sign distractions and sight obstructions that may create or contribute to traffic hazards.
   (B)   This chapter shall not regulate official traffic or governmental signs; the copy or message of any sign; flags of any nation, government, or noncommercial organization; religious symbols; the display of street numbers; or any display or construction not defined herein as a sign.
   (C)   This chapter shall not be construed to relieve or lessen the liability or responsibility of any person owning, operating, controlling, or installing any sign or constructing or erecting any sign, for damage to persons or property caused by any defect in such sign, nor shall the village be held to assume any such liability by reason of the provisions or inspection authorized by this chapter.
(Ord. 96-152, passed 10-7-1996)
Cross-reference:
   Architectural Design Review Board and Historic Preservation Board, see §§ 153.080 through 153.094
   Certificate of zoning compliance, see § 153.031
Statutory and case reference:
   Nonconforming signs as nuisances, see Northern Ohio Sign Contractors Assn. v. Lakewood, 32 Ohio St. 3d 316 (1987)
   Power to regulate signs and billboards, see R.C. §§ 713.06 and 715.27

§ 153.251 GENERAL PROVISIONS.

   (A)   It shall hereafter be unlawful for any person to erect, place, or maintain a sign in the village except in accordance with the provisions of this chapter.
   (B)   In interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements. Where this chapter imposes greater restriction or limitation of the number, height, area, or location of signs than are imposed or required by other laws or ordinances, the provisions of this chapter shall control.
   (C)   All signs, including those that are exempt from requiring a permit listed in § 153.253, shall be properly maintained. The sign shall be constructed in a safe, presentable manner with sound structural material. This requirement includes the replacement of all defective parts, painting, repainting, cleaning, and other acts involved in general maintenance. If a sign is not made to comply with adequate safety standards, the Director shall require its removal in accordance with this section.
   (D)   Every sign requiring electric current shall meet the requirements of the County Building and Electrical Code, and shall be properly inspected and approved.
   (E)   All permanent signs placed on properties, sites, or buildings designated as historic or located in a designated historic district in accordance with §§ 153.080 through 153.094 shall be reviewed and approved by the Historic Preservation Board of the village and a certificate of appropriateness issued prior to the issuance of a sign permit.
   (F)   Traffic directing signs in commercial and manufacturing districts, and for principally permitted nonresidential uses within residential districts, are permitted provided that:
      (1)   The maximum area for each side of such sign is two and one-half square feet per side and there are not more than two such sides; and
      (2)   No more than two traffic directing signs are permitted on a property unless a traffic-control signage plan is submitted to and approved by the Planning Commission.
   (G)   A maximum of one informational sign for any bona fide church, religious sect, or congregation located within the corporate boundaries of the village shall be permitted provided that such sign does not exceed 20 square feet in area per side of sign and there are no more than two such sides, that sign height not exceed six feet, and that such sign be located outside a public right-of-way. Lighting for such signs must conform to the requirements of the zoning district as provided in this chapter.
   (H)   A sign may include an electronic message center subject to the following requirements.
      (1)   An electronic message center sign shall only be permitted as part of a permanent on premise sign.
      (2)   An electronic message center sign shall be limited to ground-mounted free standing signs.
      (3)   An electronic message center sign face shall not exceed 75% of the total permitted sign area and meet all sign requirements outlined in §§ 153.254, 153.255, and 153.256.
      (4)   An electronic message center sign shall be permitted for any approved informational sign as described in division (G) above or for uses in the Suburban Office and Institution District. In no case shall the electronic message center sign copy or display message area exceed the sign area of the approved informational sign area. If an existing approved information sign area is less than what would be approved as outlined in division (H)(3) above, the sign area may be increased to meet the sign requirements.
      (5)   The use of color in the electronic message center signs shall be limited to two for the illuminated copy and two illuminated background colors.
      (6)   The surface area of the remaining portion of the sign face shall be permanent and non-moveable.
      (7)   The sign copy or display message shall not contain animation, scrolling, or running letters or text.
      (8)   The sign copy or display message shall not change or alternate more than once every 20 seconds.
      (9)   The sign copy or display message shall not cause disabling glare or cause a distraction or menace to traffic safety. The sign shall have illumination dimming technology to assure daytime levels and nighttime levels to maintain effective illumination based on ambient light conditions.
      (10)   An electronic message center sign is prohibited in the mandatory portion of the designated Historic District.
(Ord. 96-152, passed 10-7-1996; Ord. 2013-031, passed 7-15-2013) Penalty, see § 153.999

§ 153.252 SIGNS PROHIBITED IN ALL ZONING DISTRICTS.

   (A)   The following types of signs are prohibited in all zoning districts:
      (1)   Except as referenced in § 153.251(H), flashing, moving, rotating, or intermittently light signs, electronic variable message signs and portions of signs, or other mechanical devices except when used as standard barber poles without any worded message, or for public service signs;
      (2)   Billboard signs;
      (3)   Roof signs; and
      (4)   Any sign illuminated in such a fashion as to cause disabling glare, or having an energized legend made up of lamps or luminous elements that may be visible during the daytime as well as at night.
   (B)   No sign shall be so designed and erected, so illuminated, or operated in such a way or in such a location, that it conflicts with or distracts from the effectiveness or visibility of an official traffic light or sign or constitutes a menace to traffic safety or radio communication.
   (C)   No sign shall be placed in such a manner as to obstruct any fire escape, required exit, door, window, or any ventilation system or other operational necessities of a building.
   (D)   No sign shall be affixed to any tree, fence, utility pole, street light, or other similar structure.
   (E)   Signs that no longer advertise a bona fide operation, business, or product sold are determined to be a nuisance and are not permitted. Signs shall be removed when the business ceases or the product is no longer available and at the expense of the owner of the building, structure, or property to which the sign is connected.
   (F)   No sign or part thereof shall contain or consist of posters, pennants, ribbons, streamers, spinners, or other moving devices. Such devices, as well as strings of lights, shall not be used for the purpose of advertising business.
(Ord. 96-152, passed 10-7-1996; Ord. 2002-023, passed 10-7-2002; Ord. 2013-031, passed 7-15-2013)

§ 153.253 EXEMPTIONS.

   The following signs are allowed in all districts, unless otherwise stated, without a permit:
   (A)   Construction signs. Non-illuminated signs posted by persons or firms connected with work on buildings under actual construction or alteration, provided that no such sign is more than 12 square feet in area; that information thereon is limited to name, address, and telephone number of the contractor; that such signs, when not attached flat against a building, are set back at least six feet from all vehicular rights-of-way; and that such signs are maintained in good condition. When more than one contractor is participating in a construction project, one shared sign of no more than 15 square feet in area can be posted. Such signs may be posted from the time a building permit is issued through ten days after the issuance of a final occupancy permit;
   (B)   Municipal signs. Traffic or other municipal signs, legal notices, railroad crossing signs, and other danger signs;
   (C)   Temporary signs pertaining to charitable and nonprofit institutions. Temporary signs pertaining to charitable or nonprofit institutions, provided that no such sign is greater than 24 inches by 30 inches in size; that such signs are erected either within a building or set back from all vehicular rights-of-way at least six feet; and that such signs are maintained in good condition;
   (D)   Other temporary signs or banners. Temporary signs or banners pertaining to charitable or nonprofit institutions and signs dealing with matters other than the advertisement of established business when such signs are limited to 32 square feet and erected in any location designated for such posting by Village Council;
   (E)   Plaques. Memorial tablets, commemorative plaques, and plaques containing the name of a building, the date of erection, or the use of such building, provided that such tablet, sign, or plaque is limited to two square feet in area;
   (F)   Noncommercial opinion signs. One noncommercial opinion sign may be posted on private property at any time, and one additional noncommercial sign for each candidate and issue may be posted during election season, provided such signs are no larger than six square feet in area per side within a residential zoning district and 16 square feet in area per side in any other district and there are no more than two sides. Such signs shall be properly maintained at all times. Signs made of paper, cardboard, lightweight wood, wire frame and plastic, or other nondurable material shall be removed or replaced every 30 days;
   (G)   Public service signs. When such signs contain no other sign message than a public service display, and when such signs have been approved by Council;
   (H)   Real estate signs. Non-illuminated real estate signs may be permitted provided that no such sign is more than 12 square feet in area per side with a maximum of two sides; that it advertises the sale, lease, or rental of only the building or premises whereon such sign appears; that such sign is limited to one for each building so posted; that such signs, when not attached flat against a building, are setback at least six feet from all vehicular rights-of-way; and that such signs are maintained in good condition;
   (I)   Garage sale signs. Provided that no such sign is larger than three square feet total sign area; that only one such sign exist in locations other than the seller’s property; that such sign is kept on display 72 hours or less; that no property so advertises more than twice a year; that a garage sale permit is obtained prior to the sale (see Chapter 110 of these codified ordinances);
   (J)   Business informational sign. Non-illuminated business informational signs are allowed for the purpose of displaying business hours; indicating that a business is open or closed for business; excluding food, drink, smoking, and the like from the premises; and similar information; provided, that the total area of such signs shall not exceed an area of ten square feet per business; and
   (K)   Sign indicating business if open. Each business may display one non-illuminated flag to indicate that a shop is open for business provided that:
      (1)   Such flag is exhibited during business hours only;
      (2)   Such flag shall not be larger than three feet wide by four feet long; and
      (3)   This regulation shall not regulate flags of any nations, government, or noncommercial organization.
(Ord. 96-152, passed 10-7-1996; Ord. 98-105, passed 2-2-1998; Ord. 2001-005, passed 3-19-2001; Ord. 2010-004, passed 5-3-2010)

§ 153.254 REGULATIONS FOR SIGNS IN RESIDENTIAL DISTRICTS, PLANNED RESIDENTIAL DISTRICT (PRD), PLANNED UNIT DISTRICT (PUD), AND LIMITED RESIDENTIAL OVERLAY DISTRICT (LR).

   (A)   Signs directing attention to principally permitted, nonresidential property uses may be allowed on-site in residential zones subject to the most restrictive requirements for that particular type of sign as listed elsewhere in this chapter; and provided that the signery adhere to a sign message area restriction that is 50% of the message area allowed for the same type of sign in nonresidential zones.
   (B)   Signery for nonresidential uses within a Planned Unit District (PUD) and for nonconforming business or industrial uses shall conform to the standards established in § 153.255 for Neighborhood Commercial District (NC).
   (C)   Non-illuminated announcement or professional free-standing, projecting, or wall signs are permitted, provided that such signs are limited to one per business establishment, and that such signs are not more than two square feet in area per side and there are no more than two sides.
   (D)   One non-illuminated window sign erected within a structure or painted or otherwise applied to the interior of a window is allowed per principal building with a maximum of 25% or less of the area of the window being obscured by such sign.
   (E)   Subdivision information signs are permitted in accordance with § 152.076 of the Subdivision Code of the village.
   (F)   Electric message center signs are permitted as specified in § 153.251(H).
(Ord. 96-152, passed 10-7-1996; Ord. 2013-031, passed 7-15-2013)

§ 153.255 REGULATIONS IN COMMERCIAL AND PLANNED COMMERCIAL DISTRICTS.

   (A)   Regulations for Neighborhood Commercial District (NC), Limited Commercial Overlay District (LC):
      (1)   General provisions.
         (a)   A maximum of two types and three total signs (exclusive of traffic directing signs) are allowed on any principal building or property housing no more than two business tenants on any one lot.
         (b)   Buildings housing more than two tenants, shopping centers, shopping malls, office centers, and the like are permitted one freestanding, projecting, or wall sign per lot for the purpose of listing multiple business tenants. An area of five square feet of sign area per side of sign for each tenant listed not to exceed a total of 100 square feet of aggregate sign area on the property is permitted. In addition, each separate business may have one wall type sign conforming to the requirements set forth for wall signs in the Neighborhood Commercial District (NC).
         (c)   Advertising vehicles or any other accessory structures or uses supporting advertising are prohibited.
         (d)   No sign shall cover architectural details such as, but not limited to, arches, sills, mouldings, cornices, and transom windows.
         (e)   No sign shall remain illuminated between the hours of 11:00 p.m. and 7:00 a.m. unless the associated use is operating during those hours.
         (f)   Internally illuminated plastic/acrylic/vinyl/fiberglass or any similar material signs are prohibited.
         (g)   Trademarks, nationally-recognized logos and the like may occupy a maximum of 20% of any sign.
         (h)   All signs must be erected on private property, and may not encroach on public rights- of-way.
      (2)   Requirements by type of sign.
         (a)   Freestanding. Whenever the front of a building is ten feet or more from the sidewalk or public right-of-way, one freestanding sign per property may be displayed, provided that:
            1.   The maximum area for each side of the sign does not exceed 15 square feet;
            2.   The maximum height of the sign including mountings or supports does not exceed six feet;
            3.   The horizontal dimension of the sign does not exceed seven feet;
            4.   Such sign is of permanent construction and it shall be constructed according to the provisions of the Building Code;
            5.   Such sign, if lighted, be illuminated externally so that the outside face of the sign is uniformly flooded with light from fixed sources directed at the sign face so as to provide uniform distribution of light over the entire sign face without distracting glare or spill light outside the sign face; and
            6.   Electronic message center signs are permitted as specified in § 153.251(H).
         (b)   Projecting signs. Projecting signs are permitted provided that:
            1.   The overall size of such sign does not exceed 12 square feet per face;
            2.   The sign does not project more than three feet from the building and does not encroach on a public right-of-way;
            3.   The minimum clearance of the sign shall be at least eight feet above the existing grade;
            4.   If two or more businesses inhabit a single building and elect to use projecting signs, the aggregate total size of all such signs on the property shall not exceed 30 square feet with a limit of two sides per sign; and
            5.   No sign is within six feet of any alley.
         (c)   Wall signs. Wall signs are permitted provided that:
            1.   The depth of such sign shall not project from a building surface more than 12 inches;
            2.   Such sign shall not extend beyond the building roof or side;
            3.   The total sign area cannot exceed one square foot of sign area for each lineal foot of building face parallel to the street, or 10% of the wall area or 25 square feet, whichever is less;
            4.   A single property may have two or more wall signs but the total square footage of all wall signs on the property shall not exceed the total allowable sign area;
            5.   Canopies and/or awnings that are lettered will count as wall signs and shall have a minimum height of eight feet above the existing grade. The total area of the lettered portion of the canopy or awning shall conform to division (A)(2)(c)3. above; and
            6.   In the case of a building which fronts on two or more streets, a sign may appear on each wall facing a street. The total sign area of all signs on the property shall be no greater than that allowable by front foot computation of the larger wall.
         (d)   Window signs. Window signs are permitted provided that:
            1.   Permanent window signs are limited to 25% coverage of the window they are posted in or painted on; and
            2.   Such sign may be illuminated, except such sign shall not be illuminated in a designated Historic District.
   (B)   Regulations for General Commercial (GC), Suburban Office (SO) and Planned Commercial District (PCD).
      (1)   General provisions.
         (a)   A maximum of two types and three total signs (exclusive of traffic directing signs) are permitted per principal building or property housing not more than two business tenants on any one lot.
         (b)   Buildings housing more than two tenants, shopping centers, shopping malls, office centers, and the like are permitted one freestanding, projecting, or wall sign per lot for the purpose of listing multiple business tenants. An area of ten square feet of sign area per side of sign for each tenant listed not to exceed a total of 200 square feet of aggregate sign area on the property is permitted. In addition, each separate business may have one wall type sign conforming to the requirements set forth for wall signs in the General Commercial, Suburban Office, and Planned Commercial districts.
         (c)   Advertising vehicles or any other accessory structures or uses supporting advertising are prohibited.
         (d)   No sign shall remain illuminated between the hours of 11:00 p.m. and 7:00 a.m. unless:
            1.   The associated use is operating during those hours; or
            2.   The principal building or property is located on a state or federal highway.
         (e)   Internally illuminated plastic/acrylic/vinyl signs are permitted only if they are of a custom design.
         (f)   Trademarks and nationally-recognized logos may occupy a maximum of 20% of any sign.
         (g)   All signs must be erected on private property and may not encroach on public rights-of- way.
      (2)   Requirements by type of sign.
         (a)   Freestanding. One freestanding sign per property may be displayed, provided that:
            1.   The maximum area for each side of the sign located at least ten feet from the right- of-way line facing a public street does not exceed one and one-half feet for each linear foot of building frontage and the sign height does not exceed eight feet;
            2.   The maximum area for each side of the sign located between ten feet and 20 feet of the right-of-way line facing a public street does not exceed one and one-half feet for each linear foot of building frontage and the sign height does not exceed 12 feet;
            3.   The maximum area for each side of the sign located more than 20 feet from the right-of-way line facing a public street does not exceed one and one-half feet for each linear foot of building frontage and the sign height does not exceed 16 feet;
            4.   Such sign, if lighted, be either:
               a.   Illuminated externally so that the outside face of the sign is uniformly flooded with light from fixed sources directed at the sign face so as to provide uniform distribution of light over the entire sign face without distracting glare or spill light outside the sign face; or
               b.   Illuminated internally by indirect lighting where the light is produced by illuminating incandescent or fluorescent tubes behind a translucent sign background upon which the sign message has been displayed.
            5.   Electronic message center signs are permitted as specified in § 153.251(H).
         (b)   Projecting signs. Projecting signs are permitted provided that:
            1.   The overall size of such sign does not exceed 20 square feet per side with a limit of two sides;
            2.   If two or more businesses inhabit a single building and elect to use projecting signs, the aggregate size of all such signs on the property shall not exceed 30 square feet per side with a limit of two sides; and
            3.   No sign is within six feet of any alley.
         (c)   Wall signs. Wall signs are permitted provided that:
            1.   The sign does not project from a building surface more than 12 inches;
            2.   Such sign shall not extend beyond the building roof or side;
            3.   The total sign area cannot exceed one square foot of sign area per linear foot of building face parallel to the street, or 10% of the wall area or 25 square feet, whichever is less;
            4.   A single property may have two or more wall signs but the total square footage of all wall signs on the property shall not exceed the total allowable sign area;
            5.   Canopies and/or awnings which are lettered count as wall signs and shall have a minimum height of eight feet above the existing grade. The total area of the lettered portion of the canopy or awning shall conform to division (B)(2)(c)3. above;
            6.   In the case of a building which fronts on two or more streets, a sign may appear on each wall facing a street. The total sign area of these signs shall be no greater than that allowable by front foot computation of the larger wall; and
            7.   Such sign, if lighted, be either:
               a.   Illuminated externally so that the outside face of the sign is uniformly flooded with light from fixed sources directed at the sign face so as to provide uniform distribution of light over the entire sign face without distracting glare or spill light outside the sign face; or
               b.   Illuminated internally by indirect lighting where the light is produced by illuminating incandescent or fluorescent tubes behind a translucent sign background upon which the sign message has been displayed.
         (d)   Window signs. Window signs are permitted provided that:
            1.   Permanent window signs are limited to 25% coverage of the window they are posted in or painted on; and
            2.   Such sign shall not be illuminated.
         (e)   Gasoline (service) station price signs. Gasoline (service) station price signs are permitted provided that:
            1.   The sign displayed is no larger than six square feet per side and there are no more than two such sides;
            2.   The sign displayed meets all other applicable standards contained in this chapter, except that if a price sign is mounted on the same standard as another freestanding sign, the total display area for the aggregate of all signs thus mounted on such standard shall not exceed 20 square feet on each of two sides; nor shall any part of the allowance for a price sign be added to the allowance for an identification sign in order to create a larger sign; and
            3.   Such price sign may be a change-panel sign.
(Ord. 96-152, passed 10-7-1996; Ord. 2013-031, passed 7-15-2013)

§ 153.256 REGULATIONS IN THE LIMITED MANUFACTURING DISTRICT (LM).

   (A)   General provisions. General provisions for signs in the Limited Manufacturing District shall be as set forth for General Commercial (GC), Suburban Office (SO), and Planned Commercial District (PCD) in § 153.255.
   (B)   Requirements by type of sign.
      (1)   Freestanding. Freestanding signs are permitted and shall conform to the provisions set forth for (GC), (SO), and (PCD) in § 153.255 with the following exceptions:
         (a)   The minimum clearance under freestanding signs when installed over an area used by motor vehicles and bicycles shall be 15 feet; eight feet when installed over an area used by pedestrians; no minimum clearance when neither of the foregoing restrictions apply;
         (b)   The horizontal dimension of such sign is no greater than ten feet; and
         (c)   Electronic message center signs are permitted as specified in § 153.251.
      (2)   Projecting signs. Projecting signs are permitted and shall conform to the provisions set forth for (GC), (SO), and (PCD) in § 153.255 with the following exceptions. The minimum clearance under projecting signs when installed over an area used by motor vehicles and bicycles shall be 15 feet; eight feet when installed over an area used by pedestrians; no minimum clearance when neither of the foregoing restrictions apply.
      (3)   Wall signs. Wall signs are permitted and shall conform to the provisions set forth for (GC), (SO), and (PCD) in § 153.255.
      (4)   Window signs. Window signs are permitted and shall conform to the provisions set forth for (GC), (SO), and (PCD) in § 153.255.
(Ord. 96-152, passed 10-7-1996; Ord. 2013-031, passed 7-15-2013)

§ 153.257 TEMPORARY SIGNS.

   Temporary signs in commercial and manufacturing districts, and for principally permitted nonresidential uses within residential districts, are permitted provided that:
   (A)   Temporary signs or banners not exempted under § 153.253 shall not be displayed without a permit. Each temporary sign permit shall contain an expiration date as set forth in this chapter;
   (B)   (1)   A business in the Neighborhood Commercial (NC) or Limited Commercial Overlay District (LC) may display one non-illuminated temporary sign or banner for a period not to exceed 30 days per calendar year.
      (2)   A business in the General Commercial (GC), Suburban Office (SO), and Planned Commercial District (PCD) may display one non-illuminated temporary sign or banner at a time for a period not to exceed 26 calendar weeks per calendar year.
      (3)   For the purpose of this division (B), a calendar week consists of seven consecutive days beginning on Monday and ending on a Sunday. A calendar year begins January 1 and ends December 31.
   (C)   Temporary wall signs or window signs are permitted and shall conform to regulations established for these types of signs for the applicable zoning district as set forth in this chapter;
   (D)   Temporary banners are permitted, provided that:
      (1)   The total area of the banner sign shall not exceed that allowed for a permanent wall sign in the applicable zoning district as set forth in this chapter;
      (2)   The banner sign shall not be displayed above the roof line of any structure;
      (3)   The banner shall not be illuminated; and
      (4)   The banner shall be erected on private property, shall not encroach on public rights-of-way, and shall be located such that the banner does not obstruct the view of motorists for the purpose of traffic and pedestrian safety.
   (E)   Temporary portable signs are permitted, provided that:
      (1)   Such sign shall not be more than four feet high or eight feet wide;
      (2)   The overall height of such sign is not more than six feet above the existing grade;
      (3)   Temporary portable signs shall not be illuminated; and
      (4)   The portable sign shall be placed on private property, shall not encroach on public rights- of-way, and shall be located such that the portable sign does not obstruct the view of motorists for the purpose of traffic and pedestrian safety.
   (F)   Temporary signs, banners, and portable signs shall be properly maintained at all times.
   (G)   Permits for temporary signs, banners, and portable signs within a designated Historic District of the village may be issued by the Director without a certificate of appropriateness from the Historic Preservation Board.
(Ord. 96-152, passed 10-7-1996; Ord. 98-105, passed 2-2-1998; Ord. 98-172, passed 12-21-1998)

§ 153.258 LEGAL NONCONFORMITY.

   (A)   Any sign located within the village limits on the date of adoption of this chapter, or located in an area annexed to the village thereafter, which does not conform with the provisions of this chapter, is eligible for characterization as a “legal nonconforming” sign and is permitted.
   (B)   Restrictions for legally nonconforming signs:
      (1)   A nonconforming sign shall not be replaced by another nonconforming sign;
      (2)   Minor repairs and maintenance of nonconforming signs such as repainting, electrical repairs, and light bulb repair shall be allowed provided that the cost of the repairs or maintenance does not exceed more than one-half of the replacement value of the sign as determined by the Director. However, no changes in the size, shape, location, lighting, colors, or text shall be permitted except in conformance with this chapter;
      (3)   If a nonconforming sign is damaged to more than one-half of its replacement value as determined by the Director, or if structural repairs are required to the supporting structure of a nonconforming sign, then the entire nonconforming sign including any supporting structure shall be removed and shall not be repaired or replaced except in conformance with this chapter;
      (4)   Any nonconforming sign which is altered, relocated, or replaced shall comply with all provisions of this chapter as if it were a new sign; and
      (5)   Nonconforming signs made of paper, cloth, or other nondurable material, and any signs that are not affixed to a building or the ground or are located within a public right-of-way, shall be removed within 30 days from the effective date of this chapter.
(Ord. 96-152, passed 10-7-1996)

§ 153.259 REMOVAL AND DISPOSITION OF SIGNS.

   (A)   The Director may cause to be removed at the owner’s expense without notice any sign that endangers the public safety such as abandoned; dangerous; materially, electrically, or structurally defective; or a sign for which no permit has been issued; or a sign for which the permit has expired.
   (B)   The Director may cause to be removed at the owner’s expense any sign which is in violation of this chapter and not subject to immediate removal; provided, that a written notice of violation is issued which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within ten days after issuance of notice, the sign shall be removed at the owner’s expense and enforcement action initiated in accordance with § 153.261.
(Ord. 96-152, passed 10-7-1996)

§ 153.260 PERMITS, FEES AND INSPECTIONS.

   (A)   Every sign hereafter erected in any zoning district of the village shall require a permit and the payment of a fee as hereinafter stipulated.
   (B)   All signs not specifically allowed by § 153.253 shall be erected only after issuance of a permit by the Director.
   (C)   A sign permit shall be obtained and a sign permit fee paid whenever:
      (1)   A sign is erected where no sign existed before;
      (2)   A business changes signs after a change in business ownership;
      (3)   The size; shape; location; lighting; colors; or text of a sign is changed, whether for an existing business or a new business; and
      (4)   The sign is altered from the conditions specified in the original permit issued for the sign by the village.
   (D)   Every application for a sign permit shall include the following:
      (1)   Name and address of the owner of the sign;
      (2)   Street address or location of the property on which the sign is to be located, along with the name and address of the property owner;
      (3)   The type of sign or sign structure to be permitted, as defined in this chapter;
      (4)   A site plan showing the proposed location of the sign along with the types, locations, and square footage areas of all existing signs on the same premises;
      (5)   Specifications and scale drawings showing the materials, design, dimensions, structural supports, electrical components, and other pertinent design features and components of the proposed sign;
      (6)   An approved certificate of appropriateness from the Historic Preservation Board for properties located within a designated historic district; and
      (7)   Any other information the Director determines to be necessary for proper review of the sign permit application.
   (E)   Applications for sign permits shall be accompanied by a fee as established by Village Council (see § 153.045).
(Ord. 96-152, passed 10-7-1996)

§ 153.261 VIOLATIONS, PENALTIES AND APPEALS.

   (A)   (1)   If any sign is erected or maintained in violation of any of the provisions of this chapter, the Director shall provide written notice to the owner of such violation. This notice shall include a brief statement of the particulars in which this chapter is violated, the manner in which such violation is to be remedied, and a specified time in which remediation is to be made.
      (2)   If a sign has been registered with the Director, notice to the registered owner or to the person or firm receiving the permit shall be sufficient. If a sign has not been registered and the owner is not known, at least one publication of such notice in a local newspaper of general circulation shall constitute official notification of the violation.
   (B)   Upon failure to comply with an order of the Director within the time specified in the written notice and at the request of the Director, the Law Director of the village shall file an enforcement action against responsible parties in an appropriate court of law seeking penalties in accordance with § 153.999.
   (C)   Appeals from the ruling of the Director shall be made to the Board of Appeals in accordance with § 153.043(E).
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999