In the interest of promoting the general health, safety and welfare of the residents of the city, these regulations are herein established to provide for the location, size, height and physical characteristics of signs, in order to ensure that all signs are appropriate to, and compatible with, the character of the associated uses and of the surrounding area.

   In establishing these purposes, the city has determined that no sign shall be permitted, erected or maintained as a main or accessory use except in accordance with the provisions of this chapter, unless such sign is exempted from the provisions of this chapter.

   More specifically, the purposes of these regulations are to:

   (A)   Enhance and protect the physical appearance and aesthetic value of the community.

   (B)   Promote and maintain attractive, high value residential, retail, commercial and industrial districts, and preserve the scenic and natural beauty of designated areas.

   (C)   Provide appropriate signage for all residential, institutional and business uses in the community.

   (D)   Ensure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment, and to avoid confusion or hazardous conflict between traffic control signs and devices, and any other permitted sign.

   (E)   Protect the safety and general welfare of the public who travel in and/or through the City of West Carrollton by reducing the distractions to motorists and thus reducing traffic and safety hazards.

   (F)   Protect the safety and general welfare of the public by decreasing the number of accidents, injuries, and deaths occurring on the interstate system and primary highway within the City of West Carrollton.

   (G)   To provide the public with a safe and effective means of locating businesses, services and points of interest within the municipality.

   (H)   To protect the rights of property owners and occupants to display messages protected by the First Amendment of the U.S. Constitution.

   (I)   Provide review procedures that enable and ensure the comprehensive evaluation of a sign's appropriateness to the site, building and surroundings, adherence to these purposes, and consistent enforcement of this chapter's regulations.

   (J)   Establish and enforce a reasonable procedure for the eventual removal of nonconforming signs.

   (K)   Prohibit all signs, including off-premise signs, not expressly permitted by this chapter.

   (L)   Recognize the unique impact of off-premise advertising on public safety, visual aesthetics, and quality of life, to restrict new off-premise signs and minimize the impact of existing off-premise signs.

(Ord. 3752, passed 7-11-23)

   (A)   Notwithstanding anything in this chapter to the contrary, no sign or sign structure shall be subject to any limitation based upon the viewpoint of the message contained on such sign or displayed on such sign structure.

   (B)   Notwithstanding anything in this chapter to the contrary, it is the policy of the city to regulate signs in a manner that does not favor commercial speech over non-commercial speech and does not regulate protected non-commercial speech by message content.

   (C)   Within this chapter, any distinction between on-premise signs and off-premise signs applies only to commercial messages. It does not apply to non-commercial messages.

(Ord. 3752, passed 7-11-23)

   Notwithstanding anything contained in this chapter to the contrary, any sign erected pursuant to the provisions of this chapter may, at the option of the owner, contain a non-commercial message in lieu of a commercial message and the non-commercial message may be substituted in whole or in part at any time in place of the commercial message. The non-commercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial message to a non-commercial message or from one non-commercial message to another non-commercial message; provided, however, that there is no change in the size, height, setback or spacing criteria contained in this section.

(Ord. 3752, passed 7-11-23)

   Except as required by state law, no sign may be displayed without the consent of the legal owner of the property on which the sign is located. For purposes of this section, "owner" means the holder of the legal title to the property and any party and person holding a present legal right to possession, control, or use of the property.

(Ord. 3752, passed 7-11-23) Penalty, see § 153.99

   Signs shall further be defined as follows and as generally illustrated in Appendix A:

   ABANDONED SIGN. (1) Any sign or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one year or more (for a sign or its supporting sign structure which conforms to this chapter at the time of adoption); or (2) any commercial sign which pertains to a time, event or purpose which no longer applies; or (3) a deteriorated sign (as defined in herein) or a sign that is not adequately maintained, repaired, or removed within the specified time as ordered by this chapter.

   ANIMATED OR FLASHING SIGN. Any sign having a conspicuous and intermittent variation in the physical position of any part of the sign and/or in the illumination of the sign.

   ATTENTION-ATTRACTING DEVICE. Any device, such as balloons, searchlights, twirling signs, inflatable objects, or the like, intended to attract the attention of the public to an establishment, location, product or service.

   BANDIT SIGN. A small, portable temporary sign typically comprised of doubled-sided corrugated plastic and measure up to 24 inches by 24 inches, and mounted on an H-wire stake planted in the ground.

   BANNER SIGN. A temporary sign consisting of lightweight fabric or similar material either enclosed or not enclosed in a rigid frame, and secured or mounted to allow motion caused by the atmosphere. Banner signs shall also include those signs commonly known as "feather banners", "banner flags", or "beachwings".

   BILLBOARD. See OFF-PREMISE SIGN.

   CANDELA. A candela is a unit of luminous intensity or candlepower. In layman's terms, a wax candle emits about one candela (or candle) in all directions. In technical terms, a candela is a lumen per steradian, and is equal to 1/60 of the luminous intensity per square centimeter of a blackbody radiating at the temperature of solidification of platinum (2.046 degrees Kelvin). It is used for "point" sources to calculate how much light is cast on a surface no matter where the surface is.

   CANOPY OR AWNING SIGN. A sign painted or printed on, or attached to any awning, canopy, or other fabric, plastic, or similar structural protective cover over a door entrance or window.

   CHANGEABLE COPY SIGN A sign, where the message or graphics are not permanently affixed to the structure, framing or background, where the message may be replaced periodically, either manually, mechanically or electronically, and provided such sign does not constitute an animated or flashing sign as defined above, and regulated in § 153.11(C). Electronic changeable copy shall include any portion of a sign using any combination of light emitting diodes (LED's) or other light emitting technology, fiber optics, light bulbs, or other illumination device within the display area, and shall meet the requirements § of Section 153.11(C).

   COMMERCIAL MESSAGE. Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

   COMMERCIAL SIGN. A sign which contains a commercial message.

   CORPORATE LIMIT SIGN. Signs established by the city, located on city property, to designate its boundaries to persons traveling into the community. Corporate limit signs may include the signs of nonprofit organizations.

   DETERIORATED SIGN. Showing signs of weathering, rust, corrosion, exposed wiring, chipped paint or faces, cracked, broken, torn, or missing faces, or loose materials, or other evidence of disrepair.

   FESTOONS. A string of ribbons, tinsel, pinwheels, incandescent light bulbs or similar devices that are not an integral, physical part of the building or structure they are intended to serve.

   FLAG. Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices used to represent a government, political subdivision, and/or any organization, whether for-profit or not-for-profit, but not including a commercial message.

   FOOTCANDLE. A measurement of light intensity at an illuminated object. One footcandle is the illuminance at a point on a surface which is one foot from, and perpendicular to, a uniform point source of one candela.

   FREESTANDING SIGN. A non-movable sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building. A freestanding sign may also be referred to as a ground sign.

   GOVERNMENT SIGN. A sign designed for control of, or to provide information to, traffic and other regulatory functions, and signs of public utilities and/or common carriers indicating danger and/or location of facilities and/or components, and aids for service or safety which are erected by the order of a public officer in the performance of his or her public duty.

   HAND-HELD SIGN. A portable commercial sign that is held, carried, worn, balanced by or otherwise mounted on a person which is typically intended to target vehicular traffic as its audience. A hand-held sign shall include a human or animal used as an advertising device for commercial establishments, typically by holding or wearing of insignia, masks, or costumes associated with the commercial establishment.

   IDENTIFICATION SIGN. A sign located at or near the entrance to an industrial, business or residential development, which is necessary for the safety or convenience of motorists and which is therefore erected primarily in the public interest.

   ILLUMINATED SIGN. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

   MARQUEE SIGN. A sign attached to or supported by a permanent roof-like structure or canopy of rigid materials supported by and extending from the main facade of a building.

   MENU BOARD. A permanent changeable copy sign associated with restaurants with drive-through windows, car washes, or other businesses with drive-up services.

   NAME PLATE. A permanent, fixed-copy, on-premise sign placed on the front of a structure or mounted in the front lawn of a property.

   NON-COMMERCIAL MESSAGE. A message intended to direct attention to a political candidate, election issue, political, social, religious, community or public service issue or idea, aim, viewpoint, aspiration or purpose and not intended to produce any commercial benefit or tend to encourage a commercial transaction.

   NON-COMMERCIAL SIGN. A sign containing a non- commercial message. Any sign that can be displayed under the provisions of this chapter may contain a non-commercial message.

   NONCONFORMING SIGN. A sign which was erected legally, but no longer complies with subsequently enacted sign restrictions and regulations.

   OBSCENE SIGN. A sign which contains words or pictures in which the dominant theme, taken as a whole and according to contemporary community standards, appeals to the prurient interest, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value.

   OFF-PREMISE SIGN. A commercial sign advertising any business, profession, product, activity, commodity, or service which is not offered, sold, manufactured or furnished upon the premise(s) where such sign is located. A billboard is a type of off-premise sign.

   ON-PREMISE SIGN. A commercial sign advertising any business, profession, product, activity, commodity, or service which is offered, sold, manufactured or furnished upon the premise(s) where such sign is located.

   PERMANENT SIGN. Any sign that is securely attached or installed upon a building, structure, or the ground, constructed of durable materials, and is intended to exist for the duration of time that the use or occupant is located on the premises.

   PENNANT. Any sign of light-weight plastic, fabric, or other similar material, whether or not containing a message of any kind, which is suspended from a rope, wire, or string, usually in a series, and which is designed to move in the wind. Flags of any government or political subdivision shall not be considered pennants.

   POLE SIGN. Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level.

   PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure and which is designed or constructed in such a manner that it can easily be moved or relocated in its entirety without involving any structural or support changes and without significant expense.

   PROJECTING SIGN A type of wall sign affixed to any building or part thereof, or structure, extending beyond the building wall or parts thereof, or structure, more than what is necessary for the construction and support of that wall sign.

   REAL ESTATE SIGN. A temporary sign posted on property that is actively marketed for sale or lease.

   ROOF SIGN. A sign erected on or extending above the top of a flat roof parapet, or above the eave of a pitched roof, but not including a sign totally within the vertical elevations of the lower slope of a mansard or gambrel roof.

   ROTATING SIGN. A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner.

   SANDWICH BOARD. A type of changeable copy portable sign with an "A-frame" "T-frame" base, which is displayed only during business hours.

   SEASONAL OR HOLIDAY DISPLAY. Any temporary display used for a holiday and installed for a short, limited period of time.

   SHOPPING CENTER. A commercial development under unified control consisting of four or more separate commercial establishments sharing a common building, or which are in separate buildings that share a common entranceway or parking area.

   SIGN. Any object, device, display, or structure, or part thereof, legible from a public place, a public right-of-way, any parking area or right-of-way open to use by the general public, which is designed and used to attract attention to an institution, organization, business, product, service, event, or location. Signs do not include:

      (1)   The flag or insignia of any nation, state, city or other political unit and/or any organization. Such flags may contain any non-commercial message, but shall contain no commercial message other than the name and/or symbol of an entity.

      (2)   Tablets, grave markers, headstones, statuary or remembrances of persons or events that do not constitute a sign as defined in this chapter.

      (3)   Seasonal or holiday displays.

      (4)   Works of art.

   SIGN FACE. The surface of the sign upon, against or through which the message of the sign is exhibited.

   SIGN STRUCTURE. The supports, uprights, bracing or framework for signs.

   SITE SIGN. A temporary sign located on any parcel during the time of active construction for which a building permit has been issued but on which construction related to such building permit is incomplete.

   SPORTS FACILITY SPONSORSHIP SIGN. A sign that is located at a ballfield, soccer field, hockey rink, outdoor basketball court, tennis court, or other similar sports facility used by the public for athletic activities, and that identifies a sponsor in recognition of the sponsor's financial support for the sports facility and sports programs at the facility.

   TEMPORARY SIGN. A sign which is designed to be used only for a limited period of time, as regulated in this chapter, and is not, nor intended to be, permanently attached to a building, structure or the ground.

   UNDER-CANOPY SIGN. A sign suspended beneath a canopy, ceiling, roof or marquee, and intended to be viewed primarily by pedestrians under, or nearly under, such canopy, ceiling, roof or marquee, not including a wall sign as defined below.

   WALL SIGN. Any sign painted on, attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall, and not extending more than what is necessary for the construction and support of that wall sign.

   WINDOW SIGN. A permanent or temporary commercial sign affixed to a window, including windows within doors or any sign sufficiently near the inside of a window as to make such sign clearly and/or intentionally visible, and easily read, by motorists or pedestrians outside the building for the specific purpose of directing attention to a business, profession, service, product or activity sold or offered upon the premises where such sign is located.

   WORK OF ART. Any item expressing creative skill or imagination in a visual form, such as a painting or sculpture, which is intended to beautify or provide an aesthetic influence to a public area or area which is visible from the public realm and which in no way identifies or specifically relates to a commercial business, product or service.

   YARD SIGN. A temporary sign, which is mounted on a stake or a frame structure (often made from wire) that includes one or more stakes.

(Ord. 3752, passed 7-11-23)

   The following rules shall apply to the computation of sign area and sign height:

      (1)   For a sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame.

      (2)   For a sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, or an irregularly shaped freestanding sign, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle or triangle), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements.

      (3)   The sign area shall include the frame, if any, but shall not include:

         (a)   A pole or other structural support unless such pole or structural support is illuminated or otherwise so designed to constitute a display device, or a part of a display device.

         (b)   Architectural features that are either part of the building or part of a freestanding structure, and not an integral part of the sign, and which may consist of landscaping, building or structural forms complementing the site in general.

      (4)   The area of a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be computed as the measurement of one of the two faces.

      (5)   In the event of a dispute in determining the area or dimensions of any sign, the opinion of the city may be appealed to the Board of Zoning Appeals, as provided in § 153.18.

      (1)   As illustrated in Appendix B, the height of a freestanding sign shall be determined by measuring the vertical distance to the highest point of a sign or its structure from the elevation of the ground directly beneath the sign. In cases where the site is elevated above or below an adjacent roadway on natural topography, the sign height shall be determined by measuring the vertical distance from the centerline ground elevation point of the sign or its structure to the highest point of the sign or its structure. In cases where signs are located on a manmade earthen mound or similar man-made ground formation, the sign height shall be determined by measuring the vertical distance from the nearest edge of adjacent street pavement or the upper surface of the nearest street curb to the highest point of a sign or its structure.

      (2)   Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

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

         (b)   The primary frontage shall be considered the portion of any frontage containing the primary public entrance(s) to the building or building units.

         (c)   The secondary frontage shall include frontages containing secondary public entrances to the building or building units, and all walls facing a public street or primary parking area not designated as the primary frontage by division (C)(1)(a) of this section.

         (a)   For measurement purposes, the length of any primary or secondary frontage as defined in division (C)(1) of this section and illustrated in Appendix C, shall be the sum of all wall lengths parallel, or nearly parallel, to such frontage.

         (b)   For buildings with two or more frontages, the length and allowable sign area shall be calculated separately for each such frontage.

         (c)   The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.

(Ord. 3752, passed 7-11-23)

   Every sign, including signs that do not require a permit, shall be developed and maintained in accordance with the standards prescribed herein unless specifically modified by another section of this chapter. In the event certain provisions conflict and cannot be reconciled, the more stringent shall apply.

(Ord. 3752, passed 7-11-23)

   The maximum permitted area for all signs shall conform to Appendix D, Maximum Sign Dimensions, except as otherwise provided in this chapter.

(Ord. 3752, passed 7-11-23) Penalty, see § 153.99

   In addition to the provisions of Appendix D, and any subsequent requirements in §§ 153.10 through 153.15, the following provisions for wall signs shall also apply:

   (A)   The maximum permitted area for all identification wall signs shall include all signs conforming to the definitions of identification signs and wall signs, including awning, canopy and marquee signs, and projecting signs where permitted, except as exempted in accordance with division (D) of this section.

         (a)   The additional permitted sign area shall not exceed 50% of the total sign area that would otherwise be permitted for the secondary frontage if it had qualified as the primary frontage under § 153.06(C).

         (b)   The additional permitted sign area for a secondary frontage facing a public street which is parallel to a primary frontage street shall not exceed 100% of the total sign area that would otherwise be permitted for the secondary frontage if it had qualified as the primary frontage under § 153.06(C).

         (c)   Any additional sign area permitted under this division shall only be utilized on the secondary frontage elevation(s).

         (d)   At the owner's discretion, some or all of the sign area permitted for the primary frontage may be transferred to a secondary frontage, provided that the resulting total area on the secondary frontage does not exceed the maximum area which would have been permitted on that elevation if it had qualified as the primary frontage.

      (3)   Notwithstanding any other requirement of this chapter, no individual wall sign shall exceed 200 square feet.

(Ord. 3752, passed 7-11-23) Penalty, see § 153.99

   The maximum height of any sign shall conform to Appendix D, Maximum Sign Dimensions, except as otherwise provided in this chapter.

(Ord. 3752, passed 7-11-23) Penalty, see § 153.99

   In addition to the provisions of Appendix D regarding maximum area and height, and any subsequent requirements in §§ 153.10 through 153.15, the following provisions for freestanding signs shall also apply:

      (1)   Such signs shall be located no closer than ten feet from the street right-of-way line, and no closer than 25 feet from any side lot line.

         (a)   Permanent freestanding signs shall be prohibited on any individual residential lot.

         (b)   A permanent freestanding sign may be permitted on a reserve parcel or other lands owned in common by residents living within a specific neighborhood, a neighborhood group or association for the purpose of identifying their neighborhood, as follows:

            1.   The freestanding identification sign must be located at the entrance to a neighborhood fronting on a public street.

            2.   A maximum of one, single-face sign shall be permitted at each neighborhood entrance.

            3.   The sign face area shall not exceed the maximum sign face area and height permitted by Appendix D.

            4.   The sign shall be mounted onto a brick, stone, or keystone wall; wood or wrought iron fence; or earthen mound and the entire area shall be landscaped.

            5.   The sign may be illuminated by ground-mounted lighting only.

         (a)   Only one sign shall be permitted on each premise. However, the two sign faces of a freestanding sign may be split into two signs and situated on both sides of the main entrance to a multi-family development providing:

            1.   Each sign shall have only one sign face.

            2.   The sign face area shall not exceed the maximum sign face area and height permitted by Appendix D.

         (b)   The sign shall be mounted onto a brick, stone, or keystone wall; wood or wrought iron fence; or earthen mound and the entire area shall be landscaped.

         (c)   The sign may be illuminated by ground-mounted lighting only.

         (a)   A minimum of ten feet, except as provided in division (B)(2)(c) of this section.

         (b)   Minimum setbacks, if any, shall be determined as part of the approval process for any development within the OD, PUD, and CC Districts.

         (c)   Signs may not be located within the public right-of-way.

         (a)   When a freestanding sign is erected on a site that has more than one tenant, it is the property owner's responsibility to determine the portion of the total allowable sign area that will be devoted to various purposes for the development, the building, anchor tenant(s), all tenants, or some combination thereof.

         (b)   When a new multi-tenant development is initially proposed, city approval of a special sign program may be requested in accordance with § 153.18(C), to which all future tenants must comply.

         (a)   The total frontage of both streets is not less than 300 feet;

         (b)   The area of each freestanding identification sign complies with Appendix D, and the total area of both freestanding signs does not exceed 150% of the maximum area permitted for a single sign;

         (c)   The second freestanding sign is located in a manner clearly intended to provide identification along the secondary street;

         (d)   The total area of the two signs permitted above may be combined into a single sign at the corner, with visibility from both streets, provided that the area of no single freestanding sign face shall exceed the maximum area permitted in § 153.08 and division (B)(5)(b) of this section, and provided that the maximum height does not exceed 150% of the maximum height permitted in § 153.10.

         (a)   The allowable area of any freestanding sign face may be increased by five square feet of area for every 20 lineal feet of lot frontage greater than 200 lineal feet.

         (b)   The allowable area pursuant to this section may be distributed among more than one freestanding sign, provided that each such sign is no less than 250 lineal feet from any other such sign.

         (c)   Notwithstanding any provision of this section, the area of any freestanding sign face shall not exceed 150 square feet.

         (d)   The total area of the multiple signs permitted above may be combined into a single sign, provided that the area of no single freestanding sign face shall exceed the maximum area permitted in § 153.08 and division (B)(6)(a) and (B)(6)(c) of this section, and provided the maximum height does not exceed 150% of the maximum height permitted in § 153.10.

      (7)   Additional sign and height for sites adjacent to I-75. Notwithstanding any other requirement of this chapter, one additional freestanding sign shall be permitted for lots with adjacent frontage facing an interstate highway (I-75), provided such sign complies with all of the following:

         (a)   The total frontage facing the highway is not less than 200 feet.

         (b)   The area of such sign does not exceed 150 square feet.

         (c)   The height of such sign does not exceed 25 feet.

         (d)   Such sign is located in a manner clearly intended to provide identification along the highway.

         (a)   Drive-up menu board signs located immediately adjacent to the drive-up lane are permitted as follows:

            1.   Such signs shall not exceed seven feet in height.

            2.   The total area of all such signs shall not exceed 60 square feet.

            3.   All such signs shall conform to the landscaping requirements for freestanding signs as specified in § 153.11(D).

         (b)   One drive-in menu board sign shall be permitted per drive-in stall and outdoor patio area, not to exceed eight square feet in area.

      (10)   A property owner may exchange the permitted freestanding sign for a wall sign(s) provided:

         (a)   The sign area for this wall sign shall not exceed the sign face area of the freestanding sign that is permitted for the property by this chapter.

         (b)   The wall sign that is exchanged for a freestanding sign shall be located on a building wall that is not used to generate permitted wall signage for the property.

         (c)   The building wall used to locate this wall sign shall not primarily face towards an abutting residential use.

         (d)   No other freestanding sign shall be permitted on the property unless otherwise permitted by this chapter.

      (11)   Sites which have a one-way pattern of circulation and take access from a non-residential street are permitted the following additional signage:

         (a)   Each access point shall be permitted a single sign located no further than ten feet from the edge of pavement of such access point.

         (b)   Such signs shall be limited to four square feet in sign area and three feet in sign height.

         (c)   Such signs shall not contain any changeable copy.

      (12)   All projects regulated by Zoning Code § 154.17.01, Architectural Design Standards, shall comply with the freestanding sign design requirements of § 154.17.01(F)(2).

      (13)   No posts, columns, or other vertical structures or supports shall be visible on freestanding signs measuring eight feet or less in height, except when necessary to protect the public health, safety and welfare as determined by the city.

      (1)   The area of changeable copy for permanent signs shall not exceed 50% of the total area of the sign face.

      (2)   A change in copy for signs in the following zoning districts shall only be permitted on a case by case basis: RE Residential Estate District, R-1 Single-Family Residential District, R-2 Single-Family Residential District, R-3 Single-Family Residential District, R-4 Multiple-Family Residential District, R-5 Multiple-Family Residential District, R-PUD Residential Planned Unit Development District, R-MHP Mobile Home Park District, H Heritage District, A Agricultural District, and LD Limited Development District. However, electronic changeable copy signs with a permanent black background and single-color copy (text only) in compliance with this chapter shall be permitted for public or private non-profit institutional uses including, but not limited to schools, libraries, government, hospitals, and places of worship.

      (3)   Electronic changeable copy signs:

         (a)   The interval for a change in electronic copy shall not be less than five seconds. The change sequence must be accomplished by means of instantaneous repixalization.

         (b)   No portion of the image may constitute an animated or flashing sign as defined in § 153.05.

         (c)   All electronic changeable copy signs shall comply with the illumination requirements of § 153.16.

         (d)   The leading edge of an electronic changeable copy sign must be a minimum distance of 35 feet from other electronic changeable copy signs.

         (e)   Audio speakers which project sound which is audible beyond the premises are prohibited.

         (f)   There shall be no more than two electronic changeable copy signs for each development.

         (g)   Any malfunctioning electronic sign shall be turned off or display a blank screen until repaired.

         (h)   Electronic changeable copy signs can only be on-premise signs. Off-premise signs are prohibited.

      (1)   The minimum landscaped area shall be equal to or exceed the total area of the sign face, and shall include all points where the sign structural supports attach to the ground.

      (2)   The landscaped area shall include two or more of the following plant materials, selected to provide a variety of color, heights, hardiness, foliage/flowering characteristics, and massing:

         (a)   Evergreen or deciduous shrubs.

         (b)   Flowering perennial (#1 container).

         (c)   Groundcover or seasonal annuals.

         (d)   Ornamental trees or grasses.

      (3)   All landscaping shall be permanently located and properly maintained with dead vegetation replaced as soon as weather permits. The use of concrete, asphalt or any other any paved surface inside the required landscaped area is prohibited.

(Ord. 3752, passed 7-11-23) Penalty, see § 153.99

   Sports facility sponsorship signs are permitted in all zoning districts as accessory uses at the following places: ballfield, soccer field, hockey rink, outdoor basketball court, tennis court, or other similar sports facility used by the public for athletic activities. Sports facility sponsorship signs are subject to the following required standards:

   (A)   Signs shall be oriented toward the field of play.

   (B)   Signs shall not exceed 24 square feet on one sign face.

   (C)   Signs shall not be illuminated except by the regular sports facility lighting during hours of use of the sports facility.

   (D)   Signs shall be maintained in good condition.

(Ord. 3752, passed 7-11-23) Penalty, see § 153.99

   (A)   Temporary signs shall comply with all applicable requirements of this chapter unless specified otherwise, and shall also comply with the following requirements:

      (1)   Temporary signs shall meet all height, size, and setback requirements as specified in this chapter, but may be used to exceed the maximum allowable message area for a parcel or individual occupant.

      (2)   Temporary non-commercial signs.

         (a)   Temporary signs bearing a non- commercial message do not require a permit.

         (b)   Temporary freestanding signs bearing a non-commercial message shall be located no closer than ten feet from a public right-of-way or a side lot line.

         (c)   Temporary signs bearing a non- commercial message shall meet the size requirements in Appendix D of this chapter.

      (3)   Temporary commercial signs.

         (a)   A maximum of one temporary commercial freestanding or wall sign shall be permitted per occupant per public street frontage at any one time, except as otherwise provided in this chapter. On property with multiple-occupancy, a maximum of two temporary commercial freestanding signs shall be permitted per public street frontage at any one time, except as otherwise provided in this chapter. Signs shall be separated by at least 30 linear feet.

         (b)   Temporary signs bearing a commercial message shall meet the size requirements in Appendix D of this chapter.

         (c)   Permit rights may be transferred by one occupant to another occupant located on the same property provided that written authorization is granted by the occupant transferring its permit rights. Permit rights may not be transferred from a vacant space, nor between different addresses for the same occupant.

         (d)   Temporary commercial signs may be displayed for a maximum of 30 days within any 60 day period. The 30 days may be utilized in smaller increments of time during the 60 day period with prior approval of a display schedule by the city. Unused days within one permit period may not be transferred to another permit period. Permit fees will be calculated as the pro-rated percentage of the 30-day permit fee; however, the full refundable deposit fee shall be required with each permit.

         (e)   Temporary commercial signs shall not be illuminated.

         (f)   The minimum setback for freestanding temporary commercial signs shall be ten feet from the public right-of-way.

         (g)   Temporary commercial signs with changeable copy shall also comply with the requirements of § 153.11(C).

         (h)   Sign supports shall consist of wood, metal, or other similar fabricated, durable material.

         (i)   Permits for temporary commercial signs shall require an application fee plus a refundable deposit as required by Chapter 37: General Fee Schedule, which shall be refunded if the temporary sign is removed within five days of the expiration date of the permit. Any applicant not removing the temporary commercial sign within this time period shall forfeit the deposit and the temporary sign shall become an unlawful sign.

         (j)   Temporary commercial signs shall be legible, neat, and professional in appearance.

      (1)   There shall be not more than one site sign per residential subdivision, planned residential development, multi-family project or lot proposed for a non-residential development.

      (2)   The site sign shall be an accessory use to a lawful temporary activity of land development.

      (3)   The site sign shall be erected and maintained on a lot only during the period of time that the building project is under construction. A site sign shall be removed within 14 days of completion of the project or within two days of the erection of a permanent identification sign, whichever comes first.

      (1)   No such sign shall exceed the size and height requirements provided in Appendix D.

      (2)   A temporary commercial sign may be displayed for a duration not to exceed 30 days, after which time the sign shall be removed.

      (3)   Temporary freestanding signs shall be located no closer than ten feet from a public right-of-way or a side lot line.

      (4)   Temporary real estate signs shall be permitted as provided in § 153.13(E).

      (5)   Temporary signs located at single-family residences are exempt from permit requirements as provided in § 153.18.

      (6)   Temporary signs permitted in residential districts shall comply with the requirements of division (A) of this section, unless specified otherwise in this section.

         (a)   The combined areas of all permanent and temporary window signs for any window shall not exceed 50% of the total window area.

         (b)   Temporary window signs are exempt from permit requirements as provided in § 153.18.

         (a)   Sandwich boards or bandit signs may only be displayed by commercial businesses located within the OD Olde Downtown District, the CC City Center District, the B-1 Convenience Commercial District, and the B-2 General Commercial District.

         (b)   Sandwich boards or bandit signs shall only be displayed during the operating hours of the business to which it pertains.

         (c)   A maximum of one sandwich board or bandit sign per business per public street frontage shall be permitted on private property at any one time, except within vehicular use areas or as otherwise restricted by this section. For a business fronting directly onto a public sidewalk, a sandwich board or bandit sign may be placed on the sidewalk provided that it does not impede pedestrian access or pose a safety concern. Bandit signs shall not be placed within any public right-of-way, except as provided herein, nor posted on trees, utility poles, public benches, public property, or other objects.

         (d)   Sandwich boards shall not exceed six square feet per sign face or 12 square feet in sign area if two-sided, and shall not exceed three feet in height. Bandit signs shall not exceed four square feet per sign face or eight square feet in sign area if two-sided, and shall not exceed three feet in height.

         (e)   Illuminated or electronic sandwich boards or bandit signs are prohibited. Copy may only be changed manually.

         (f)   Sandwich boards and bandit signs as provided herein are exempt from permit requirements as provided in § 153.18.

         (g)   The requirements of § 153.13(A) shall not apply to sandwich boards and bandit signs. However, all other provisions of this chapter shall apply unless specified otherwise above.

      (3)   Temporary signs permitted in non- residential districts shall comply with the requirements of division (A) of this section, unless specified otherwise in this section.

      (1)   Temporary real estate signs shall comply with the maximum area and height requirements for temporary signs provided in §§ 153.08 and 153.10. However, for lots with frontage facing an interstate highway (I-75), one temporary freestanding real estate sign shall be permitted up to a maximum of 32 square feet in area and a maximum of 12 feet in height, to be placed adjacent to the interstate highway frontage.

      (2)   The sign shall be either a freestanding or wall sign. Banners shall not be permitted to be used as temporary real estate signs. However, one temporary real estate banner shall be permitted on a building face fronting directly on Interstate Highway 75 (I-75) right-of-way which meets the area requirements for permanent wall signs and all other pertinent requirements of this chapter.

      (3)   A sign permit shall not be required.

      (4)   Temporary real estate signs are not subject to time restrictions specified in § 153.13(A)(3)(d), but must be removed immediately upon the sale, lease, or rental of the property or space to which it pertains.

      (5)   Temporary real estate signs shall comply with the requirements of division (A) of this section, unless specified otherwise in this division.

(Ord. 3752, passed 7-11-23) Penalty, see § 153.99

   The following signs shall be exempt from regulation under this chapter.

   (A)   Any sign located entirely inside a building that is not legible from the public right-of-way or from property other than the property on which the sign is located.

   (B)   Government signs.

   (C)   Signs on a truck, bus, trailer or other vehicle while such vehicle is operated in the normal course of a business which is not primarily the display of such signs.

   (D)   Cornerstones containing no advertising message incorporated into the building design as an architectural feature.

   (E)   Corporate limit signs.

   (F)   The following signs may be erected or constructed without a permit, but may be subject to additional regulations under this chapter. Where a sign is erected pursuant to a federal or state statute or a court order, the sign may exceed the size standards of this chapter or otherwise deviate from the standards set forth in this chapter to the extent that the statute or court order expressly requires the larger size or other deviation. In all other respects, such signs shall conform to the standards of this chapter:

      (1)   Signs installed by employees or officials of a local, state or federal agency in the course of their governmental duties and bearing no commercial message;

      (2)   Signs required by an order of a court of competent jurisdiction;

      (3)   Signs installed by a transit company with a franchise or other right to operate in the city where such signs are installed along its routes and bear no commercial message.

      (4)   Yard signs bearing no commercial message.

(Ord. 3752, passed 7-11-23)

   All signs not expressly permitted in this chapter or exempt from regulation pursuant to § 153.14, are prohibited in the city. Such signs include but are not limited to the following:

   (A)   Abandoned signs.

   (B)   Animated, flashing, rotating signs and festoons, inflatable signs, tethered balloons, pennants, searchlights, streamers, exposed light bulbs, strings of lights, used other than as a minor decorative accent to a building or property, and any clearly similar features, except those specifically exempt from regulation in § 153.14, or temporary special event signs or banner signs permitted in § 153.13 and the West Carrollton Banner Policy.

   (C)   Off-premise signs, including but not limited to billboards.

   (D)   Roof signs.

   (E)   Signs attached to or placed on a vehicle, including, but not limited to, automobiles, trucks, boats, campers, and trailers, which is parked in a manner to convey visible information to or attract the visual attention of a person in a public right-of-way for the purposes of providing advertisement for products or services or directing people to a business or activity, in addition to legally permitted signage for the site. This restriction shall not apply to buses or other forms of public transportation, taxicabs, or to vehicles with permanently applied vehicle graphics such as vinyl decals, lettering, or wraps that are displayed within the normal unaltered lines of the vehicle so long as the vehicle is parked entirely within a legal parking space and is engaged in the usual business of the owner, and not merely, mainly, or primarily used to display advertising.

   (F)   Signs that would cause confusion because of their resemblance to highway traffic control or direction signals.

   (G)   Merchandise, equipment, products, vehicles or other items which are not available for purchase, but are intended to attract attention, or for identification or advertising purposes.

   (H)   Signs located on trees, utility poles, public benches, traffic control devices, bus shelters, trash receptacles, mechanical equipment, fence, permanent sign, or any other form of public property or unapproved supporting structure; or which obstruct any sight line necessary to protect the safety of any vehicular or pedestrian traffic; or within any public right-of-way. The required sight distance shall be as specified in the current edition of the State of Ohio Department of Transportation Location and Design Manual, Volume 1, Roadway Design Section 201.

   (I)   Signs located on any accessory structure, as defined in the Zoning Code.

   (J)   Hand-held signs in or on the public right-of-way or in a manner visible from the public right-of-way. This provision is directed toward such displays intended to draw attention to a commercial message or for a commercial purpose, and is not intended to limit such displays by persons participating in demonstrations, political rallies, displaying non-commercial messages or otherwise exercising their valid First Amendment rights.

   (K)   Obscene signs; or signs that contain advertising matter which is untruthful or that advertise illegal activity.

   (L)   Attention-attracting devices.

   (M)   Deteriorated signs.

   (N)   Pole signs.

   (O)   Any sign requiring a permit in accordance with this chapter and not having said permit approved and issued by the city.

(Ord. 3752, passed 7-11-23) Penalty, see § 153.99

   In addition to ensuring compliance with the numerical standards and other requirements of this chapter, signs shall comply with the following minimum construction standards:

      (1)   Residential districts and uses.

         (a)   No such sign shall be internally illuminated except as provided in § 153.11(C)(2).

         (b)   The brightness or intensity of any external illumination shall be limited to what is necessary to identify the use's location.

         (c)   The illumination shall comply with all requirements provided in division (A)(2) of this section.

      (2)   All other districts and uses. Either internal or external illumination shall be permitted, only in accordance with all of the following:

         (a)   Light sources shall be shielded from all adjacent buildings and streets.

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

         (c)   No exposed incandescent or fluorescent lamp shall be permitted.

         (d)   At no time shall a sign exceed an illumination level of three-tenths (0.3) footcandles above the ambient light illumination level, as measured in conformance with the following process:

            1.   The illumination level of a sign shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals.

            2.   Light measurements shall be taken with the footcandle meter aimed directly at the sign message face, or at the area of the sign emitting the brightest light if that area is not the sign message face, at a distance from the sign being measured as specified in Appendix F.

            3.   An ambient light measurement shall be taken using a footcandle meter at some point between the period of time between 30 minutes past sunset and 30 minutes before sunrise, with the sign turned off to a black screen.

            4.   Immediately following the ambient light measurement taken in the manner required by this division, an operating sign light measurement shall be taken with the sign turned on to full white copy for a full color-capable sign or a solid message for a single-color sign.

            5.   The illumination level of a sign conforms with the illumination requirements of this division if the difference between the ambient light measurement and the operating sign light measurement is three-tenths (0.3) footcandles or less.

         (e)   All signs utilizing light-emitting diodes (LED) or other light-emitting technologies shall be equipped with a sensor or other device that automatically determines the ambient illumination level and shall be programmed to automatically dim according to ambient light conditions to meet the illumination requirements articulated above. The illumination level must be capable of being both remotely and manually adjusted.

         (f)   If necessary, the city may seek assistance from a professional lighting engineer to evaluate proposed illumination levels. The applicant shall pay costs associated with such a review. In this case, compliance with illumination requirements shall be determined following a site inspection that includes field verification of illumination levels.

      (3)   Signs shall not be lighted to obstruct traffic control or any other public informational signs. Signs visible from sight lines along streets shall not contain symbols or words, or red and green lights that resemble highway traffic signs or devices. These regulations shall not apply to permitted holiday display lighting.

      (1)   Signs shall be structurally sound and located so as to pose no reasonable threat to pedestrian or vehicular traffic.

      (2)   No sign shall be suspended by non-rigid attachments that would allow the sign to move significantly because of wind.

      (3)   All permanent freestanding signs shall have self-supporting structures erected on, or permanently attached to, concrete foundations.

      (4)   Sign supports shall consist of metal or other similar fabricated, durable material. All commercial signs shall be legible, neat, and professional in appearance.

      (5)   No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window, or door opening used as a means of egress.

      (6)   Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than 12 inches horizontally or vertically from any conductor or public utility guy wire.

      (7)   All signs shall be constructed in accordance with the Ohio Building Code (OBC) and the National Electric Code (NEC).

(Ord. 3752, passed 7-11-23) Penalty, see § 153.99

   All signs shall be maintained in accordance with the following:

   (A)   Every sign, whether requiring a sign permit or not, shall be properly maintained in a safe and presentable condition at all times and must not appear to be in a deteriorated or dilapidated condition. Proper sign maintenance includes, but is not limited to, the replacement of missing sign panels and defective parts, painting, cleaning, and other acts required for maintenance of the appearance and structural condition of the sign in order to comply with all applicable code requirements.

   (B)   Each sign shall contain the name, address and telephone number of a firm or person responsible for erecting the sign. Such information shall be placed on the frame or other supports and large enough to be read by a person standing on the ground, sidewalk or parking lot nearest the sign.

   (C)   If a sign is deemed by the Zoning Enforcement Officer to be in an unsafe, deteriorated or dilapidated condition, the provisions of § 153.18(G) shall apply.

   (D)   In cases of emergency when there is a clear and present danger to the public, the Zoning Enforcement Officer may cause the immediate removal of a dangerous or defective sign.

   (E)   Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, re-lettering or repainting, the same may be done without a permit or any payment of fees provided that all of the following conditions are met:

      (1)   There is no alteration or remodeling to the structure or the mounting of the sign itself;

      (2)   There is no enlargement or increase in any of the dimensions of the sign or its structure;

      (3)   The sign is accessory to a legally permitted, conditional or nonconforming use.

(Ord. 3752, passed 7-11-23) Penalty, see § 153.99

      (1)   Temporary signs located at single-family residences.

      (2)   Nameplates.

      (3)   Window signs.

      (4)   Real estate signs.

      (5)   Temporary signs bearing a non-commercial message.

      (6)   Signs conforming to the Manual of Uniform Traffic Control Devices and bearing no commercial message.

      (7)   Signs installed by employees or officials of a state or federal agency in the course of their governmental duties and bearing no commercial message.

      (8)   Signs installed by employees of the city or Montgomery County in the course of their governmental duties and bearing no commercial message.

      (9)   Signs required by a state or federal statute or state or federal court.

      (10)   Signs installed by public utilities in their rights-of-way or on their facilities and bearing no commercial message other than such message is necessary to identify the use.

      (11)   Signs installed by a transit company with a franchise or other right to operate in the city and bearing no commercial message, where such signs are installed along its routes and relate to schedules or other information about the transit route.

      (12)   Signs in parks that relate to the use of one or more facilities (including temporary uses by particular entities or individuals), provided that such signs shall not be legible from any public right-of-way outside the park and such signs shall bear no commercial message except one that relates to a lawful commercial activity or lawful temporary use of a facility within the park.

      (13)   Signs located inside stadiums, arenas, ball fields or other such facilities. Where a facility is located adjacent to another such facility, such as in an athletic complex, such signs shall be located completely within the separate stadium, arena, ball field, or other such facility. Signs located inside an outdoor facility shall be deemed not to be legible from such right-of-way even if they may be legible from some locations outside the facility.

      (14)   Temporary identification signs for businesses, the access to which has been restricted, altered or otherwise impacted by a public construction project. Such signs, bearing no commercial message, may be placed off premise but shall be subject to the provisions of §§ 153.08 and 153.10.

      (15)   Sandwich boards or bandit signs, subject to the provisions of § 153.13(C).

      (16)   Temporary signs for a grand opening.

      (1)   Diversity in the visual environment of the city requires some flexibility in the regulation of signage. This section provides this flexibility by permitting a property owner or his/her designee to submit a special sign program for consideration of approval which may vary from the regulations contained in this chapter. A special sign program is a creative incentive for a unified visual statement that integrates the design of signage with the design of the building on which it will be displayed and with the surrounding area, resulting in a more visually appealing sign display and improved community aesthetics. This special sign program shall supersede and may be either more or less restrictive than the regulations contained in this chapter.

      (2)   A property owner may submit a special sign program to the Planning Commission that need not comply with some or all of the requirements of this chapter. The special sign program shall contain a visual representation of the proposed signage, including lettering, illumination, color, size, height, placement, and location. A special sign program application shall include all information required in § 153.18(D), and shall follow review procedures specified in § 153.18(E)(3).

      (3)   The Planning Commission may approve a special sign program if the signage visually represented in the program is:

         (a)   Consistent with the purposes of this chapter;

         (b)   Compatible with the theme, visual quality, and overall character of the surrounding area; and

         (c)   Appropriately related in size, shape, materials, illumination, and character to the function and architectural character of the building and/or premises on which it will be displayed, and is compatible with existing adjacent activities.

      (4)   A premises for which a special sign program has been approved by the Planning Commission may only display signage that complies with the approved special sign program, which shall supersede and replace the regulations for signage in this chapter. Any subsequent application by a tenant or other occupant of the site shall be reviewed and approved by the Zoning Enforcement Officer only as consistent with the approved special sign program.

Specifically, the application shall include all of the following:

      (1)   Name, address and signature of the property owner or his/her legal agent.

      (2)   Street address or location of the property proposed for the requested sign(s).

      (3)   A complete site plan or photograph showing the location of the sign, its relationship to the building, the locations, areas and dimensions of all existing signs on the site, the adjacent parcels and the parking lots, drives and sidewalks;

      (4)   Detailed drawings showing the design of the sign, including size, content, style of lettering, logo and other graphic features, colors of the applied lettering and background, and materials of the sign and the frame or structure;

      (5)   Construction, erection and fastening details as applicable; and

      (6)   A permit fee for each sign application, in accordance with Chapter 37, General Fee Schedule.

      (7)   A presentation of the proposed sign or signs which best illustrates how it or they would be experienced by the public if approved and erected.

      (1)   The Zoning Enforcement Officer shall review a submitted application to assure full compliance with the requirements of this chapter. The Zoning Enforcement Officer shall determine whether a submitted application is in full compliance with the requirements of this chapter within 14 days of its submission.

         (a)   If the Zoning Enforcement Officer determines that the application is not in full compliance, the application shall be denied by the Building Inspection Division or shall be approved subject to the applicant's compliance with the conditions required to bring the application into full compliance. The Building Inspection Division shall return the application to the applicant with the written decision described in § 153.18(F)(1), indicating the section or sections with which the application does not comply.

         (b)   If the Zoning Enforcement Officer determines that the application is in full compliance, he/she shall either:

            1.   Issue a permit for the erection, alteration, or relocation of the sign within 30 days of receipt of such application; or

            2.   Submit such application to the Planning Commission for review and approval, of any sign, or required signage program where the associated building or project would otherwise require the review and approval of the Planning Commission.

      (2)   Requests for a variance from any requirement of this chapter shall be immediately forwarded to, reviewed by, and approved or disapproved by, the Board of Zoning Appeals in accordance with the procedures set forth in § 154.06.01 of the Zoning Code. Variances related to this chapter shall be limited to setback, area, and height requirements only, unless the Board finds that requiring strict compliance with the provisions of this chapter may impose a practical difficulty and that the granting of the variance from the provisions of this chapter will not depreciate or damage neighboring property, will not create a safety hazard and will not be contrary to the purposes of this chapter.

      (3)   Any application requiring review by the Planning Commission shall be received by the Zoning Enforcement Officer a minimum of 30 days prior to the next scheduled regular or special meeting of the Planning Commission. If the application is not received at least 30 days in advance, consideration of the application shall be deferred to the following scheduled meeting of the Planning Commission or, at the discretion of the Planning Commission, to a special meeting.

         (a)   The Planning Commission shall review a submitted sign application for full compliance with all applicable provisions of this chapter, and shall approve, disapprove, or approve with suggested modifications which would achieve full compliance.

         (b)   Upon the approval of an application by the Planning Commission, the Zoning Enforcement Officer shall issue a sign permit within ten business days of submission of a completed sign permit application, provided that the proposed sign complies with all other applicable regulations.

         (c)   Upon the disapproval of an application by the Planning Commission, the Planning Commission shall convey its reasons for disapproval to the applicant, in writing, within five business days. Such notification may also include suggested modifications, which, if incorporated by the applicant, could bring the sign into compliance with this chapter. Applications so modified may be resubmitted for review at the next scheduled Planning Commission meeting.

      (4)   In any application where a matter of interpretation arises, the more specific definition or higher standard shall prevail.

      (1)   If a permit application is denied or approved with conditions, the city shall prepare a written decision within ten days of its decision, stating the reason or reasons for the action and describing the applicant's appeal rights under this section and the applicant's rights to seek a variance under § 153.18(E)(2) and (E)(3) and serve it upon the applicant by certified mail.

      (2)   If the Zoning Enforcement Officer prepares a Notice of Violation pursuant to § 153.18(G), the Zoning Enforcement Officer shall include within such Notice a description of the recipient's appeal rights under this section.

      (3)   An applicant representing the recipient of a denial or conditional approval of a permit application or a Notice of Violation, who wishes to appeal from the denial or conditional approval of a permit application or from a Notice of Violation, shall file a notice of the appeal with the Board of Zoning Appeals within ten days following the applicant's receipt of the written decision described in division (F)(1) of this section or the receipt of a Notice of Zoning Violation described in division (F)(2) of this section.

      (4)   When the Board of Zoning Appeals receives a notice of appeal from the denial or conditional approval of a permit application or from a Notice of Violation, the Board shall hold a public hearing pursuant to § 154.05.06(C)(1) of the Zoning Code regarding administration appeals procedures.

      (5)   The Board shall issue a written decision to affirm, reverse or modify the denial or conditional approval of a permit application or a Notice of Violation within ten days following the public hearing and serve it upon the applicant by certified mail.

      (6)   If the applicant elects to file an appeal from the Board's decision in Common Pleas Court, the applicant must follow the procedure set forth in R.C. Chapters 2505 and 2506 and Rules 3 and 4 of the Ohio Rules of Civil Procedure.

   (G)   Removal of signs outside of the right-of-way by the Zoning Enforcement Officer.

      (1)   The Zoning Enforcement Officer shall cause to be removed any temporary or permanent sign that constitutes a public nuisance in that it endangers the public safety, such as a sign which has been abandoned, is illegal, is subject to removal pursuant to § 153.18(C)(3), is dangerous, is deteriorated, is dilapidated, or is materially, electrically, or structurally defective. The Zoning Enforcement Officer shall also cause to be removed any sign, except a valid nonconforming sign, for which no permit has been issued or a sign which is not in compliance with the permit issued. Before removing any such sign, however, the Zoning Enforcement Officer shall first prepare a notice which describes the sign and specifies the violation involved. This notice shall require that the violation or violations be corrected within 24 hours after proper service of the notice when the violation or violations pertain to temporary commercial signs, or within 14 days after proper service of the notice when the violation or violations pertain to permanent signs or temporary non-commercial signs. If this notice is not complied with, the sign shall be removed immediately following the applicable time frames by the Zoning Enforcement Officer in accordance with the provisions of this section.

      (2)   All notices issued by a Zoning Enforcement Officer may be served by certified mail, by placing in a prominent place on the property or delivery to the property owner, current occupant, to a person temporarily or permanently in charge of the establishment or the sign owner in case of temporary signs. Any time periods provided in this section shall be deemed to commence on the date of the service of the notice.

      (3)   The property owner and current occupant shall be jointly and severally obligated to reimburse the city immediately for all third party and administrative expenses, including an administrative fee for city inspection and administrative costs as set forth in Chapter 37, General Fee Schedule, of the Codified Ordinances of the City of West Carrollton, incurred in removing any sign including, but not limited to, costs to the city for the time of city employees. The city shall provide notice of said expenses and in the event the same is not paid within 30 days after the mailing of the notice, the amount owed shall be certified as an assessment against the property of the sign owner, and lien upon that property, together with an additional 10% assessed for collection as prescribed for unpaid real estate taxes. If the violations are corrected and removal obligations paid, the property owner, the occupant or the sign owner may reclaim the sign from the city.

   (H)   Removal of unlawful sign in the public rights-of-way. Signs, other than those signs identified in § 153.18(B)(6) through (B)(11), are specifically prohibited in public rights-of-way. The city shall immediately remove or cause to be removed from the public rights-of-way any sign other than governmental as referenced in this section. Just as a private property owner may remove any sign placed on his or her private property so may the city if the sign is in violation of this section. Such removal authority must be exercised in a non-discriminatory manner. Any sign so removed shall be held for 30 days, after which it shall be discarded if not claimed by the owner. Such sign may be claimed by the owner within this 30 day period upon payment of an administrative fee for city inspection and administrative costs as set forth in Chapter 37, General Fee Schedule, of the Codified Ordinances of the City of West Carrollton.

   (I)   Nothing contained in this section shall prevent the municipality from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 3752, passed 7-11-23)

   (A)   Nonconforming signs shall be maintained in good condition pursuant to § 153.18.

   (B)   A nonconforming sign shall not be altered, modified, relocated or reconstructed except as follows:

      (1)   When such alteration, modification, relocation or reconstruction would bring such sign into conformity with these regulations;

      (2)   When the existing use has new ownership which results in a change in the name of the use or business on the property, and such change complies with division (B)(4) of this section; or

      (3)   When the space is re-occupied by a similar use and the new occupant requires no external building or

site renovation, and such change complies with division (B)(4) of this section.

      (4)   Any alteration, modification, relocation or reconstruction permitted in this section shall be limited to the replacement of a sign panel or repainting a sign face, and does not permit changes to the structure, framing, erection or relocation of the sign unless such changes conform to division (B)(1) of this section.

      (1)   Damage or deterioration has resulted in a loss of more than 50% of the value of such nonconforming sign; or

      (2)   The use to which such nonconforming sign refers has been abandoned for more than 180 consecutive days; or

      (3)   The nonconforming sign has been altered, modified, relocated or reconstructed except as provided by this section.

   (D)   A change in copy is not considered an alteration for the purposes of this section.

   (E)   Any permit issued for a sign under this chapter shall require that any nonconforming sign displayed on the premises for which the permit is issued shall be modified or removed to conform to the provisions of this chapter.

   (F)   Any approval by the City of West Carrollton that authorizes the development of a premises, any building addition, an increase in gross floor area of 25% or more, or any exterior structural remodeling of a building facade on which a nonconforming sign is located, shall require all nonconforming signs on the premises for which the approval is issued to be brought into conformity with the provisions of this chapter.

   (G)   As an incentive to remove existing nonconforming signs, a bonus of 25% shall be added to the maximum permitted area and height of any new permanent freestanding or wall sign which replaces an existing nonconforming sign and which meets all other requirements of this chapter.

   (H)   For purposes of this section, "verification" shall include:

      (1)   Notice to the city by the sign owner and/or the proprietor of the use to which the sign refers that said use is abandoned;

      (2)   A response to an inquiry from the city by the sign owner and/or the proprietor of the use to which the sign refers that said use is abandoned;

         (a)   The city shall send an inquiry to the sign owner and the proprietor of the use to which the sign refers by certified mail on or after 180 consecutive days after it reasonably appears to the city that the use to which such nonconforming sign refers has been voluntarily abandoned;

      (3)   If the city receives no response within ten days from the sign owner and/or the proprietor of the use to which the sign refers to the inquiry set forth in § 153.19(H)(2).

(Ord. 3752, passed 7-11-23) Penalty, see § 153.99

   (A)   A permit issued by the Zoning Enforcement Officer shall become invalid if work is not commenced within 180 days of issuance, or if work is subsequently suspended or abandoned for more than 180 days. Any invalidated permit must be renewed with an additional payment of one-half the original fee.

   (B)   If the installation or placement of any sign is commenced or completed prior to the issuance of a permit, the specified permit fee shall be doubled. Payment of such additional fee, however, shall not preclude any or all other requirements or penalties prescribed in the Zoning Ordinance.

(Ord. 3752, passed 7-11-23)

   Any person installing, altering, or relocating a sign for which a permit has been issued shall obtain all required inspections. The Zoning Enforcement Officer may require a final inspection, including an electrical inspection and/or inspection of the footings for freestanding signs.

(Ord. 3752, passed 7-11-23)

   No person may engage in the business of erecting, altering, relocating, constructing, or maintaining signs requiring permits, without all required state and federal licenses.

(Ord. 3752, passed 7-11-23) Penalty, see § 153.99

   All persons involved in the maintenance, installation, alteration, or relocation of signs near or upon any public right-of-way or property shall agree to hold harmless and indemnify the city, its officers, agents, and employees, against any and all claims of negligence resulting from such work insofar as this Sign Code has not specifically directed the placement of a sign. All persons involved in the maintenance, installation, alteration, or relocation of signs shall maintain all required insurance and shall file with the state a satisfactory certificate of insurance to indemnify the state, county or city against any form of liability to a minimum of $100,000.

(Ord. 3752, passed 7-11-23)

   (A)   The provisions of this chapter shall apply to and govern signs in all districts. No sign shall be erected or maintained unless it is in compliance with the regulations governing location and bulk of structures for the district in which it is located, unless such sign is otherwise specifically regulated.

   (B)   Any sign already established on the effective date of this Sign Code, which sign is rendered nonconforming by the provisions of this Sign Code, and any sign which, as a result of subsequent amendments of this Sign Code, shall be rendered nonconforming, shall be subject to the provisions of § 153.l9, Regulations for Nonconforming Signs.

   (C)   Wherever a commercial sign is allowed or permitted under this chapter, an owner may place a non-commercial sign, subject to the time, place and manner provisions of this chapter, without applying for a permit and/or paying a fee that otherwise would be required for the placement of a commercial sign on the lot; provided, that the sign structure or mounting device is legal without consideration of message content. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any provision to the contrary in this chapter. This provision does not:

      (1)   Create a right to increase the total amount of signage on a parcel or lot;

      (2)   Affect the requirement that a sign structure or mounting device be properly permitted under this chapter;

      (3)   Allow a change in the physical structure of a sign or its mounting device; or

      (4)   Authorize the substitution of an off-site commercial message in place of an on-site commercial message or in place of a non-commercial message.

   (D)   All non-commercial speech is considered on-premise signage and is entitled to the privileges that on-premise signs receive under this section.

   (E)   Notwithstanding any other provision herein, signs that display a non-commercial message are entitled to the maximum square footage allowed any parcel within the same zoning district.

   (F)   Notwithstanding any other provision herein, signs that display a non-commercial message are not subject to the temporal limitations otherwise set forth in this chapter; however, such signs remain subject to the provisions of § 153.17, Maintenance.

(Ord. 3752, passed 7-11-23)

   The invalidation of any section, subsection, clause, or phrase of this chapter by any court of competent jurisdiction shall not affect the validity of the remaining portions of this chapter.

(Ord. 3752, passed 7-11-23)

   The following signs, and only the following signs, shall be allowed in the public right-of-way in the city:

   (A)   Government signs.

   (B)   Signs installed by employees or officials of a city, state, or federal agency in the course of their governmental duties and bearing no commercial message.

   (C)   Signs required by an order of a court of competent jurisdiction.

   (D)   Signs installed by a transit company with a franchise or other right to operate in the city, where such signs are installed along its routes and bear no commercial message.

   (E)   Corporate limit signs.

(Ord. 3752, passed 7-11-23) Penalty, see § 153.99

   Any person who shall violate a provision of this chapter shall, upon conviction thereof, be subject to the following penalties at the discretion of the court.

   (A)   A first offense resulting in a conviction shall be deemed a misdemeanor of the fourth degree. The court shall impose upon the offender a fine of not more than $250 but not less than $150, or may impose a sentence of imprisonment for not more than 30 days, or may impose both such a fine and sentence of imprisonment.

   (B)   A second offense of any section of this chapter occurring within one year after the conviction of the first offense shall be deemed a misdemeanor of the third degree. The court shall impose upon the offender a fine of not more than $500 but not less than $250, or may impose a sentence of imprisonment for not more than 60 days, or may impose both such a fine and sentence of imprisonment.

   (C)   A third and subsequent offense of any section of this chapter occurring within one year after the conviction of the second offense shall be deemed a misdemeanor of the second degree. The court shall impose upon the offender a fine of not more than $750 but not less than $500, or may impose a sentence of imprisonment for not more than 90 days, or may impose both such a fine and sentence of imprisonment.

(Ord. 3752, passed 7-11-23)