The purpose of these regulations is to prevent signs from becoming a distraction or obstruction to the safe and efficient flow of pedestrian and vehicular traffic, to prevent signs from having an adverse impact on adjacent properties or uses, to encourage the development of signage systems that promote an active economic and business environment, and thereby protect the general health, safety and welfare of the citizens of the city.

(2003 Code, § 153.415) (Ord. 3459, § 31.01, passed 3-7-2002)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BANNER. A non-rigid cloth, plastic or canvas sign typically related to a special event or promotion. For the purposes of this subchapter, the term BANNER shall not include official flags of public entities, or civic, philanthropic, educational or religious organizations.

   BILLBOARD. An off-premises sign that is more than 200 square feet in area.

   CANOPY. A structure separate from, but associated by use with the principal building, which is supported independently by posts or columns, is open on all sides, and is intended only for shelter or ornamentation. A CANOPY SIGN is a sign that is attached to or a part of the roof of such a structure.

   CHANGEABLE COPY SIGN. A sign which, in whole or in part, provides for periodic changes in the material or message composing the sign. This definition includes both electronically and manually changeable signs.

   DIRECTIONAL SIGN. Any sign which indicates the direction or specific location of an institution, organization or business, which does not include advertising or any information regarding product lines or services offered.

   FLASHING SIGN. A sign or graphic which, in any manner, as a whole or in part, physically changes in light intensity or gives the appearance of such change.

   FREESTANDING SIGN. A sign which is wholly independent of any building for support.

   JOINT IDENTIFICATION SIGN. A sign intended to provide the identity or name, for two or more uses within one building or on one property or the name of the building or its address for property occupied by two or more businesses.

   MOVING SIGN. Any sign, all or any part of which physically moves or is animated so as to give the appearance of movement. For the purposes of this chapter, a barber pole shall not be considered a moving sign.

   OFF-PREMISES SIGN. Any sign that identifies or provides information related to a good, service or event that is not located on the property where such sign is located.

   PERMANENT SIGN. A sign intended to be erected or used, or in fact which is used, for a time period in excess of 90 days.

   PORTABLE SIGN. A sign designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes and shall include:

   (A)   FOLDING PORTABLE SIGN. A sign constructed of wood or other durable material which can be folded or collapsed for ease of transport.

   (B)   TRAILER SIGN. A sign that is constructed on a chassis intended for the mounting of wheels, thereby permitting the sign to be moved.

   PROJECTING SIGN. A sign which extends outward perpendicular to the building face.

   SIGN. Any device for visual communication which is designed, intended or used to convey a message, advertise, inform or otherwise direct attention to a person, institution, organization, activity, business, place, object or product.

   TEMPORARY SIGN. A sign intended to be used, or in fact used, for a time period of 90 days or less.

   VENDING MACHINE SIGN. A permanent sign installed by the manufacturer on a fuel pump, vending machine or similar outdoor object.

   WALL SIGN. A sign attached to a building face, with the exposed face in a plane parallel to the plane of the wall. WALL SIGNS include painted murals, messages, graphics and other designs painted along with any letters or numerals mounted directly on buildings.

   WINDOW SIGN. A sign, graphic, poster, symbol or other identification which is physically affixed to or painted on the glass or other structural component of the window.

(2003 Code, § 153.416) (Ord. 3459, § 31.02, passed 3-7-2002)

   The following signs are excluded from the regulations and requirements of this subchapter.

   (A)   Signs not exceeding two square feet in area that are customarily associated with residential use and are not of a commercial nature, including address and/or name of occupants of the structure, signs on mailboxes or newspaper tubes, signs posted on property related to private parking, and signs warning against trespassing or danger from animals. Signs associated with home occupations shall not be excluded from these regulations.

   (B)   Signs erected by a governmental entity for a recognized public purpose and duly authorized by any law, statute or ordinance. Such signs include legal notices and traffic control or safety devices, provided such signs carry no supplementary advertising.

   (C)   Signs or posters concerning candidates for elective office, public issues and similar matters to be decided by public election, provided such signs are removed no later than one week after such election. Such signs shall not exceed 24 square feet in area, shall not be illuminated and shall not be located within a public right-of-way nor be affixed to any public utility pole or street tree. In addition, such sign shall not be located in any manner so as to create a safety or visibility hazard.

   (D)   Signs located on the inside of a structure or building that are not designed or located so as to be typically visible from outside the building.

   (E)   Signs which are in the nature of cornerstones, commemorative tables and historic designations, provided such signs are less than nine square feet in size.

   (F)   Signs clearly in the nature of decorations customarily associated with a national, local or religious holiday. Such signs shall be of any illumination or animation provided that a safety and/or visibility hazard is not clearly created.

   (G)   Temporary window signs which promote special business sales, promotions or occasions. No business shall display such signs for more than 30 days per calendar year.

   (H)   Flags or insignias of any governmental entity when not displayed as an advertising device, or in connection with any commercial promotion.

(2003 Code, § 153.417) (Ord. 3459, § 31.03, passed 3-7-2002) Penalty, see § 153.999

   Signs that are not specifically permitted in this subchapter shall be considered as prohibited. Without restricting or limiting the generality of the foregoing provisions, the following signs are specifically prohibited:

   (A)   Signs mounted on motor vehicles that are parked in a prominent location for the primary purpose of displaying the sign;

   (B)   Banners, streamers, pennants and similar air-activated moving signs intended for permanent display;

   (C)   Moving signs, as defined in § 153.426;

   (D)   Flashing or high intensity lights mounted on a sign;

   (E)   Any sign that obstructs any part of a doorway, exit or fire escape;

   (F)   Any sign that resembles or is intended to resemble a traffic control device, or is located in such a manner so as to obscure or impact the effectiveness of such traffic control device or signal; and

   (G)   Any sign affixed to any utility pole or otherwise located within the street right-of-way.

(2003 Code, § 153.418) (Ord. 3459, § 31.04, passed 3-7-2002) Penalty, see § 153.999

   (A)   Permit required. No permanent or temporary sign, except as exempted in § 153.427 or 153.430, shall hereafter be erected, constructed or maintained within the city unless a permit for the same has been issued by the Zoning Inspector. Application for a permit to construct or erect a sign shall be made by the owner of the property upon which the sign is proposed, or his or her agent. An application for a permit to erect a sign shall contain, at a minimum, a drawing of the sign including its size, its location on the lot, and specific information regarding its construction.

   (B)   Action on sign permit. The Zoning Inspector shall issue a sign permit upon submittal of a completed application and payment of applicable fees if he or she determines that the provisions of this chapter have been met. If the application for a sign permit is denied, the applicant shall be given written notice of such denial, along with the reasons therefor.

   (C)   Appeals. Any decision made by the Zoning Inspector under the terms of this subchapter may be appealed to the Planning and Zoning Board in the manner set forth in §§ 153.080 through 153.086.

(2003 Code, § 153.419) (Ord. 3459, § 31.05, passed 3-7-2002) Penalty, see § 153.999

   The following signs may be erected without a permit; such signs, however, shall be subject to all other provisions of this subchapter:

   (A)   Signs that indicate the sale, development, rental or lease of a particular structure or land area, provided such sign does not exceed 16 square feet in area. One such sign shall be allowed per street front. Such signs shall not be located in a public right-of-way;

   (B)   Credit card decals, store hour specifications, “open” or “closed” signs or similar signs that do not exceed an aggregate area of two square feet;

   (C)   Signs which are less than two square feet in size and mounted or attached flat or parallel onto a building face of an administrative, business or professional office building, which denote the name and address of an occupant in a building where more than one tenant is located and which has individual and separate entries;

   (D)   A sign which advertises the sale of personal property, such as a garage, yard, porch or moving sale sign, provided such sign is located on the sale premises for a time period not greater than three consecutive days, and is not to be located in a public right-of-way nor affixed to any public utility pole or street tree. Such signs shall not be located in such a manner so as to create a safety or visibility hazard;

   (E)   Temporary construction signs, which display the identification of the construction project, including identification of the contractors, architects and other construction principals. Such construction sign shall be limited to one per construction site, shall not exceed 16 square feet in area and shall be removed upon the completion of construction or the commencement of occupancy, whichever event occurs first. Such signs shall not be located within the public right-of-way;

   (F)   Signs promoting community events and programs which last for a time period of 14 days or less and which are sponsored by nonprofit, public, educational, religious and charitable organizations. All such signs shall be removed not later than three days after the scheduled activity; and

   (G)   Signs determined by the Planning and Zoning Board to be similar to those specified in divisions (A) through (F) above.

(2003 Code, § 153.420) (Ord. 3459, § 31.06, passed 3-7-2002)

   Temporary signs shall be subject to the following general requirements.

   (A)   Not more than one temporary sign shall be permitted on any individual property at one time.

   (B)   The date upon which a temporary sign is first displayed shall be legibly marked on the sign.

   (C)   Banners less than 20 square feet in area are permitted, provided such signs are secured at each corner, point and/or end so as to prevent movement.

   (D)   Trailer signs, as defined in § 153.426, shall be permitted as temporary signs in the CB and I Districts, provided such signs shall not be displayed for a period exceeding two months during any calendar year.

   (E)   Folding portable signs, as defined in § 153.426 shall be permitted as temporary signs in the DE District, provided such signs are secured and/or anchored so as to prevent accidental collapse.

(2003 Code, § 153.421) (Ord. 3459, § 31.07, passed 3-7-2002) Penalty, see § 153.999

   Permanent signs shall be subject to the following requirements.

   (A)   Wall signs. Wall signs shall be permitted in the DE, NB, CB, SU and I Districts and may be erected on any building wall or extension of a building wall which faces a street, parking lot or service drive, and such sign may not extend beyond any building setback line. Wall signs shall be attached parallel to the building face and extend outward perpendicular from the building face a maximum of 12 inches

   (B)   Canopy and/or awning signs. Canopy signs shall be permitted in the DE, NB, CB, SU and I Districts and may be painted on an awning area or attached to a canopy or roof which projects beyond the building, provided that no part of such sign may extend above the roof line, canopy or marquee. Canopy or marquee signs shall be a minimum of nine feet above ground level.

   (C)   Projecting signs. Projecting signs shall be permitted in the DE, NB and CB Districts, provided such signs do not exceed 12 square feet in size, are placed not less than nine feet above the sidewalk or ground level, and project not more than six feet outward from the building face.

   (D)   Freestanding signs. Freestanding signs shall be permitted in the CB, SU and I Districts. Freestanding signs shall not exceed 25 feet in height. No portion of any freestanding sign shall be erected over the street right-of-way. The area of a freestanding sign shall not exceed 75 feet in the CB District, and 50 feet in the SU and I Districts.

   (E)   Off-premises signs.

      (1)   Off-premises signs, as defined in § 153.426, shall be considered as an accessory use in the CB District. Not more than one off-premises sign with a sign face area not exceeding 20 square feet is permitted on a single lot. Off-premises signs shall conform to all applicable yard, setback and height restrictions for structures in the zoning district where they are located.

      (2)   Billboards, as defined in § 153.426, shall be considered as a special use, subject to the requirements of the SU Special Use District in §§ 153.355 through 153.360. Such signs shall require specific approval of the Planning and Zoning Board following the procedures outlined in §§ 153.355 through 153.360. Billboards shall not be located within 1,500 feet from any residence or district where single-family residences are a permitted use.

   (F)   General requirements.

      (1)   Illumination. Illuminated signs shall be permitted only in the DE, CB, NB, I and SU Districts. Illumination shall be from a concealed or indirect light source and shall not flash, blink, fluctuate in intensity, travel, move or in any manner fail to provide constant illumination, and shall not create a hazard or visibility problem or interfere with or impair vehicular traffic. The level of illumination emitted from a sign shall not be of an intensity to constitute a safety hazard to vehicular movement on any street. Illuminated signs shall be constructed and maintained so that the source of illumination is shielded or otherwise prevented from beaming directly onto adjacent properties or streets.

      (2)   Pennants and/or streamers. No permanent sign shall contain or consist of banners, pennants, ribbons, streamers, balloons or similar devices.

      (3)   Construction. All signs and parts thereof, including any electrical wiring, shall be erected, constructed and maintained so as to not constitute a safety hazard. The construction and installation of all signs shall be subject to inspection by the city and/or the state.

      (4)   Location. No part of any sign shall be placed in, over or extend onto any public right-of- way.

      (5)   Permanent subdivision identification signs. Such signs shall be limited to wall mounted or freestanding signs only, with placement on walls, columns or similar architectural or landscaped entrance features used to denote the entrance to the subdivision. Such sign shall be not more than five feet in height and shall set back at least 20 feet from the right-of-way of both streets.

      (6)   Signs in SU District. Signs in the SU District shall reflect the standards for similar uses in other districts. The applicant shall submit a total signage plan for the proposed development as part of the development plan.

(2003 Code, § 153.422) (Ord. 3459, § 31.08, passed 3-7-2002) Penalty, see § 153.999

   (A)   Abandonment.

      (1)   The continuance of an existing sign which does not meet the regulations and requirements of this subchapter shall be deemed a nonconforming sign, which shall terminate by abandonment when any of the following conditions exist:

         (a)   When the sign is associated with an abandoned use;

         (b)   When the sign remains after the termination of a business. A business has ceased operations if it is closed to the public for at least 90 consecutive days. Seasonal businesses are exempt from this requirement; or

         (c)   When the sign is not maintained or does not conform to the following:

            1.   All signs, together with all supports, braces, guys and anchors shall be kept in a proper state of repair; and

            2.   Every sign and the immediately surrounding premises shall be maintained by the owner or his or her agent in a clean, sanitary and inoffensive condition, free from all obnoxious substances, rubbish and weeds.

      (2)   Upon finding that the sign is abandoned, the right to maintain and use such sign shall terminate immediately.

   (B)   Relocation or replacement. A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this section. Should any replacement or relocation occur without being brought into compliance, the sign shall be subject to removal.

   (C)   Maintenance. A nonconforming sign shall be maintained or repaired in accordance with the following provisions.

      (1)   The size and structural shape of the sign shall not be changed or altered. The copy may be changed, provided that the change applies to the original use associated with the sign at the time the sign became nonconforming and a permit is obtained. The copy area shall not be enlarged.

      (2)   In case damage occurs to the sign to the extent that more than 50% of the replacement value is lost, the sign shall be removed within 60 days.

   (D)   Inspection and removal. If any existing sign is found, upon inspection by the Zoning Inspector, to constitute a hazard to public safety, such sign shall be subject to immediate removal by order of the Zoning Inspector.

(2003 Code, § 153.423) (Ord. 3459, § 31.09, passed 3-7-2002) Penalty, see § 153.999

   Variances to this subchapter may be granted pursuant to the procedures and policies set forth in §§ 153.080 through 153.086.

(2003 Code, § 153.424) (Ord. 3459, § 31.11, passed 3-7-2002)