Willoughby City Zoning Code
CHAPTER 1163
Signs
1163.01 PURPOSES.
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 and size, construction, installation, maintenance and operation of signs in a manner that ensures that signs are in harmony with the character of the associated use and surrounding area.
(a) More specifically, the purpose of these regulations is to:
(1) Ensure that signs are consistent with the community's development objectives, thereby maintaining the community's heritage, aesthetic character and property values.
(2) Promote and maintain attractive, high value residential, business, and industrial districts.
(3) Promote clarity in sign communications while providing reasonable and appropriate opportunities to identify properties and advertise goods and services.
(4) Ensure that signs are located and designed to minimize sign clutter and the distractions and confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment.
(5) Provide review procedures to ensure that signs are consistent with the City's objectives.
(6) Eliminate any conflict that would be hazardous between signs on private property and traffic control signs and devices.
(7) Provide a mechanism for the eventual removal of signs not complying with this chapter.
(8) Prohibit all signs not expressly permitted by this chapter.
(9) Ensure that the provisions of this Chapter do not infringe on the rights of free speech as protected by the First Amendment to the United States Constitution and Article I, §11 of the Ohio Constitution. All Sections in this Chapter are to be construed to protect the rights of citizens to speak freely. All provisions of this Chapter shall be interpreted in a content-neutral manner excepting those narrow, legally-recognized exceptions explicitly identified in this Chapter.
(b) In establishing these purposes, the City has determined that any sign that is nonconforming, as described in this chapter, or that is nonconforming on the effective date of this chapter because it does not conform to the regulations of this, or any subsequent, amendment is a public nuisance and, as such, must be abated. Nonconforming signs are unduly distracting to motorists and pedestrians, and thereby create a traffic hazard and reduce the effectiveness of signs needed to direct the public. The regulations contained in this chapter are the minimum regulations necessary to abate the nuisance and to achieve the stated purpose of this chapter.
(Ord. 2020-21. Passed 2-18-20.)
1163.02 APPLICABILITY AND SEVERABILITY.
The regulations contained in this Chapter shall apply to all signs, sign structures, awnings, and other types of sign devices located within the City of Willoughby, except when specifically stated otherwise.
(a) No sign shall be permitted within a public right-of-way unless specifically stated otherwise.
(b) No sign of any type, or any part thereof, shall be erected, painted, repainted, posted, reposted, placed, replaced, hung, displayed or maintained in any zoning district except in compliance with these regulations.
(c) Architectural features, either as part of the building or freestanding, are not considered signs and are thus exempt from these regulations. An architectural feature is any construction attending to, but not an integral part of the sign, and which consists of landscape or building or structural forms complementing the site in general.
(d) Any sign that is erected pursuant to the provisions of this Chapter shall be permitted to also express non-commercial messages whether or not such allowances are explicitly stated in this Chapter.
(e) If any word, sentence, section or any other provision or portion of this Chapter or rules adopted hereunder is invalidated by any court of competent jurisdiction, the remaining words, sentences, sections, chapters, provisions, or portions will not be affected and will continue in full force and effect.
(Ord. 2020-21. Passed 2-18-20.)
1163.03 DEFINITIONS.
For the purposes of these regulations, a sign shall include any structure, or part thereof, any device attached to a structure, or painted, or represented directly or indirectly thereon, or any other device that is intended to announce, direct or advertise. A sign may include banners, lights and other site or building features, and may be represented by words or letters, figures, symbols or characterizations, or other insignia, or devices. The following shall serve as definitions for terms used in this chapter:
(a) Abandoned Sign. Any sign that no longer identifies or advertises a bona fide business, institution, organization, lessor, service, owner, product, or activity and/or for which no legal owner can be found.
(b) Animated Sign. Any sign that uses flashing lights or movement of the entire sign or portion thereof to depict action or create a special effect or scene.
(c) Architectural Feature. Any construction attending to, but not an integral part of the sign, which may consist of landscaping, building or structural forms that enhance the site in general; also, graphic stripes and other architectural painting techniques applied to a structure that serves a functional purpose, or when the stripes or other painting techniques are applied to a building provided such treatment does not include lettering, logos or pictures related to the intended message of the sign.
(d) Banner Sign. Any sign of lightweight fabric or similar material that is attached to a building or structure at one or more edges or mounted on two stakes in the ground. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
(e) Building Sign. Any sign attached to any part of a building including wall, awning, canopy, and projecting signs.
(f) Building Wall. Any vertical surface of a building or structure (other than a pitched roof) that is integral to, and could reasonably be constructed as a part of, the architecture of the building when signage is not being contemplated. Examples of building walls include, but are not limited to: awnings, canopies, marquees, vertical portions of gable roofs, parapets, mechanical penthouses, etc.
(g) Changeable Copy Sign. A sign, or any portion thereof, with letters, characters or graphics that are not permanently affixed to the structure, framing or background allowing the letters, characters or graphics to be periodically modified, manually, mechanically or electronically, such as a bulletin board or electronic message center.
(h) Commercial Message. Any speech or any expression that does no more than propose a commercial transaction or is related solely to the economic interests of the speaker and its audience.
(i) Electronic Message Center Sign. A sign that is capable of displaying words, symbols, figures, images that can be electronically or mechanically changed by remote or automatic means
(j) Entrance Signs. A ground sign located at or near the ingress/egress to a lot from the public right-of-way.
(k) Flag Sign. A temporary portable freestanding sign of lightweight fabric or similar material that is mounted in a manner that allows the sign to flutter, rotate or otherwise move in order to draw attention to the message on the sign. Also referred to as a feather or blade sign.
(l) Flag. Any fabric, banner or bunting used as a symbol of government, political subdivision, corporate or commercial entity, or institution, or used to convey any message, or otherwise used in a manner consistent with the definition of a sign.
(m) Flashing Sign. Any sign that contains an intermittent or sequential flashing light source used primarily to attract attention when such movement is not in compliance with this Chapter.
(n) Freestanding Sign. A sign that is supported from the ground or a structure, other than a building.
(1) Ground Sign. A freestanding sign, other than a pole sign, that is placed upon or supported by the ground independently of any other structure, typically on a monument or pedestal structure.
(2) Pole Sign. A freestanding sign, the bottom of which is a minimum of nine (9) feet from the ground.
(o) Historical or Commemorative Markers. A sign solely intended to identify, commemorate or describe a building, place or site of historic significance or a sign on a building or site, or in a place that represents the location of an historic or otherwise locally important event worthy of such identification or commemoration.
(p) Inflatable Sign. Any inflatable shape or figure designed or used to attract attention to a business location or event.
(q) Instructional Sign. Any sign that has a purpose secondary to the use on the lot that is intended to instruct employees, customers or users as to matters of public safety or convenience such as but not limited to: specific parking and circulation requirements, the location of or regulations pertaining to specific activities on the site or in the building, specific services offered or methods of payments accepted; and signs erected by a public authority or utility, to control traffic circulation, direct or inform the public or to inform of needed public services as determined by the rules, regulations and public policy of governmental agencies.
(r) Marquee, Canopy or Awning Sign. A sign attached to the soffit or fascia of a marquee, canopy, roof projection over a walk or permanent awning provided such sign shall not be placed on top or project above the top of such marquee, canopy or similar roof.
(s) Off-Premise Sign. Any sign, permanent or temporary, that is advertising, promoting, or identifying an establishment, merchandise, event, service, or entertainment that is not sold, produced, manufactured or furnished at the property on which the sign is located. Also referred to as a billboard.
(t) Permanent Sign. A sign that does not satisfy the definition of a temporary sign.
(u) Portable Sign. A sign which is designed to be moved and is not permanently, or intended to be permanently, attached to a building, structure or the ground, including any sign that is designed to be transported on wheels, skids, a bench, runners, brackets or has a frame to which wheels, skids, runners, brackets or similar mechanical devices are or can be attached. A portable sign also includes mobile signs such as parked vehicles or trailers, when such vehicles are visible from the public right-of-way unless such vehicle is regularly used in the normal daily operations of the attendant business, organization or institution.
(v) Projecting Sign. A sign erected on the outside wall of a building and which projects out at an angle from (i.e., is not parallel to) the building wall or any sign suspended beneath a canopy, ceiling, roof, or marquee, intended to be viewed by pedestrians from the sidewalk beneath the canopy, ceiling, roof, or marquee
(w) Roof Sign. A sign erected on, and completely over, the roof of the building, or wall, projecting or marquee sign, part of which extends above the roof or the top of the marquee respectively.
(x) Sidewalk Sign. A portable sign placed/displayed on the sidewalk immediately adjacent to the building/tenant to which it is associated.
(y) Signs During Construction. Any temporary sign for a project or facility erected and maintained during the time of construction or renovation.
(a) Sign Face. The space or surface of a sign intended to contain the message.
(aa) Signable Area. That portion of a structure that can accommodate a sign.
(bb) Site Feature. Any construction attendant to, but not an integral part of, the sign (such as walls, fences, sculptures) that enhances the development, does not include lettering, logos or pictures and could reasonably be constructed independently and without any relationship to signs.
(cc) Temporary Sign. A sign that is designed, constructed and erected or installed for the purpose of being displayed only temporarily and is not permanently, or intended to be permanently, attached to a building, structure or window, or permanently installed in the ground.
(dd) Wall Sign. A building sign erected parallel to, or painted on the surface or on the outside wall of any building, and not extending more than eighteen inches therefrom, and which does not project above the roof line or beyond the corner of the building:
(ee) Window Sign. A sign, whether permanent or temporary, that is applied to the interior or exterior of a window or door, or a sign located on the inside of a building near a window for the purpose of being visible and read from the outside of the building. This term does not include signs that are in the building more than three (3) feet from the window if the sign is either not legible or not intended to be viewed from outside the building. (Ord. 2020-21. Passed 2-18-20.)
1163.04 COMPUTATIONS.
The following principals shall control the computation of sign area and sign height:
(a) Determining Sign Area or Dimension.
(1) The sign area shall include the face of all display area(s) of the sign. The sign area shall include the frame but shall not include the pole or other structural support unless such pole or structural support is illuminated or otherwise so designated to constitute a display device.
(2) For a sign that is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area or dimensions shall include the entire portion within such background or frame.
(3) For a sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, or an irregular shaped freestanding sign, the area of the sign shall encompass a regular, or a combination of regular geometric shapes which form or approximate the perimeter of all the elements in the display. When separate elements are organized to form a single sign, but the elements are separated by open space, the area shall be calculated by determining the geometric form, or combination of forms, which comprise all the display area, including the space between the elements.
(4) When two identical, flat sign faces are placed back-to-back or at angles of thirty (30) degrees or less, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same sign structure and are not more than twelve (12) inches apart, the sign area shall be computed by the measurement of one of the faces. If the two faces are unequal, the sign area shall be calculated based on the larger of the two faces.
(5) Whenever a freestanding sign is comprised of more than one sign face and the interior angle is greater than thirty (30) degrees so that more than one face can be viewed from any point at the same time, the sign area shall be computed by adding together the area of all sign faces.
(b) Determining Sign Height. The height of a sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground to the top most element. A projecting sign or a freestanding sign on a man-made base, including a graded earth mound, shall be measured from the grade of the nearest street, drive or parking area.
(c) Determining Building Frontage and Building Unit. The length of the building which faces the principal street or the length of the wall of the building which contains the main entrance to the uses therein shall be considered the building frontage.
(1) The building frontage shall be measured along the front wall between the exterior faces of the exterior side walls.
(2) In the case of an irregular wall surface, a straight line extended along such wall surface shall be used to measure the length.
(3) For lots fronting on two or more streets, or where the building has its main entrance on a wall other than the wall that faces the street, the building frontage shall be calculated separately for each building wall facing a street or having a main entrance. The sign area that is located on a particular building wall shall not exceed the area permitted for such building wall.
(4) For multi-tenant buildings, the portion of a building that is owned or leased by a single tenant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.
(d) Determining Window Area. The window area of a building shall be the total glass area of windows on the building frontage. For the purposes of these regulations, a single glass window shall be the area of all the glass and mullions that has less than four (4) inches of separation from other glass areas. For the purposes of determining window area for ground floor occupants, the ground floor shall only include the glass area to a height of fifteen (15) feet above the elevation of the first floor of the building.
(e) Determining Sign Setbacks. The required setbacks for freestanding and projecting signs shall apply to all elements of the sign, including its frame and base. The setback for such sign shall be measured horizontally from the outward edge of the sign frame to the street right-of-way or lot line, as applicable.
(f) Disputes. In the event there is a dispute in determining the sign area or any sign dimension, the Sign Review Board shall have the final responsibility for making such determination. (Ord. 2020-21. Passed 2-18-20.)
1163.05 RESIDENTIAL SIGNS AND SIGNS IN RESIDENTIAL DISTRICTS.
Permanent signs for all residential uses and for nonresidential uses in residential districts and the Limited Residential Business District shall comply with the regulations set forth in this Section.
(a) One-family and Two-Family Residential Properties:
(1) Each one-family and two-family dwelling unit is permitted a maximum of two (2) permanent signs provided the combined sign area does not exceed two (2) square feet in total sign area.
(2) Signs may be freestanding, mounted to a permanent building or structure or displayed in a window.
(3) Freestanding signs shall be located on private property, a minimum of five (5) feet from the street right-of-way.
(4) Freestanding signs shall not exceed four (4) feet in height.
(b) Multi-Family Residential Properties:
(1) Each multi-family building is permitted a maximum of two (2) signs per building provided the combined sign area does not exceed six (6) square feet in total sign area.
(2) Signs may be freestanding, mounted to a permanent building or structure or displayed in a window.
(3) For multi-family buildings where each unit has a separate outdoor entrance, each unit shall be permitted to have one building sign not to exceed two (2) square feet, in lieu of the sign area permitted for the multi-family building.
(4) Freestanding signs shall be located on private property, a minimum of five (5) feet from the street right-of-way.
(5) Freestanding signs shall not exceed six (6) feet in height.
(c) Residential Subdivision or Development Freestanding Sign:
(1) One freestanding sign shall be permitted for each street entrance to a residential subdivision, residential development or multi-family group development in compliance with the following regulations:
(2) The maximum area of such freestanding sign shall be forty (40) square feet in a One-Family District and sixty (60) square feet in a Multi-Family District.
(3) Freestanding signs shall not exceed six (6) feet in height.
(4) Freestanding signs shall be placed on private property no closer to the right-of-way than a distance equal to one-half the height of the sign, except as permitted in subsection (c)(5) hereof, and shall be located no closer than twenty-five (25) feet to a side lot line.
(5) A freestanding sign may be placed in the right-of-way provided such sign shall be located on the center island of a boulevard entrance, placed no closer than 25 feet to the intersecting street's right-of-way.
(6) A maximum of two (2) sign faces shall be permitted per entrance: either as a double-sided freestanding sign or as two single-sided signs either freestanding or mounted on a wall or other entrance feature.
(7) No part of a freestanding sign, the wall or entry feature on which a sign is mounted, or the landscaping shall obstruct the view of vehicles entering or exiting the property.
(d) Nonresidential Uses in Residential Districts and Limited Residential Business District:
(1) Nonresidential uses are permitted signs not to exceed thirty (30) square feet in total sign area. The sign area may be either a wall sign or a ground sign or a combination of the two.
(2) The height of a freestanding sign shall not exceed six (6) feet.
(3) The area of a freestanding sign may be devoted to changeable copy in compliance with Section 1163.07.
(4) Additional sign area may be permitted as part of conditional use approval if the Sign Review Board determines that, because of the large size of the facility and its site, the proposed larger sign will be consistent with the objectives, intent and criteria of this chapter.
(e) Entrance Signs. Ground signs that meet the standards of this subsection are allowed in all Multi-Family Districts and Limited Residential Business Districts in addition to the square footage of permanent freestanding signs permitted in Subsections (b) and (d) above.
(1) Entrance signs shall not exceed four (4) square feet in area nor four (4) feet in height, and shall be located within ten (10) feet of the access drive to the site, in compliance with requirements for visibility at intersections set forth in Section 1169.06.
(2) Such signs may have internal or external illumination.
(f) Instructional Signs. Instructional signs are intended for instructional purposes and shall be permitted as needed provided such signs, as determined by the Sign Review Board, as authorized, are: not larger than necessary to serve the intended instructional purpose; are the minimum number to serve the intended instructional purpose; and are not in locations and do not possess design characteristics that constitute or serve to attract attention beyond the perimeter of the site.
(Ord. 2020-21. Passed 2-18-20.)
1163.06 SIGNS IN NONRESIDENTIAL DISTRICTS.
Permanent signs for uses in nonresidential districts shall comply with the regulations set forth in this Section.
(b) Building Signs.
(1) The maximum permitted area for building signs shall be one and one-half square feet for every lineal foot of building frontage.
(2) This maximum area shall be the sum of the areas of all building signs, including projecting signs and marquee/canopy signs.
(3) Notwithstanding the above standard, each building shall be permitted a minimum of 40 square feet of building sign area.
(c) Projecting Signs. Projecting signs shall be limited to one for each customer entrance to the building and shall not project more than five feet from the face of the building nor more than two feet over the right-of-way line. All projecting signs shall have a minimum clearance of eight feet from the ground to the bottom of the sign.
(d) Additional Area for Building Signs in Nonresidential Districts.
(1) Corner Lots and Side and Rear Entrances. For any building that has one of the following characteristics: is on a corner lot; faces a side street; or has a customer entrance facing a parking lot and such parking lot does not face the main street, the maximum allowable area for building signs pursuant to subsection (a) may be increased for each such additional building frontage. The increase for each such building frontage shall be equal to forty percent (40%) of the allowable sign area if the additional building frontage were considered the principal building frontage, provided that:
A. The allowable increase by virtue of the side street(s) or entrance(s) is not aggregated with or used with the allowable sign area along the principal street;
B. The sign area permitted on the principal building frontage may, however, be redistributed along the secondary frontage(s) provided that the total sign area facing the secondary street(s) or parking lot, does not exceed one and one-half (1 ½) square feet per lineal foot of building frontage facing the secondary street(s) or parking lot, and
C. No sign by virtue of any redistribution, shall exceed the area specified in Subsection 1163.06(b)(1).
(2) Large Building Setbacks. The maximum allowable area for building signs may be increased by one-half (½) square foot of sign area for each foot of building frontage when the principal building is set back more than 200 feet from the principal street on which the building is located. The sign area may also be increased by one-half (½) square foot of sign area for each lineal foot for that portion of the building which is more than 200 feet from the street and facing such street when the additional sign area is included in a sign placed on that portion of the building.
(3) Multi-Tenant Developments. In addition to the area permitted for building signs pursuant to Subsection 1163.06(b)(1), a multi-tenant building is permitted an additional thirty square feet of sign area for each building face. Any portion of such sign which is larger than thirty square feet is subject to the maximum allowable area for building signs pursuant to Subsection 1163.06(b)(1).
(e) Freestanding Signs. A freestanding sign shall be permitted in a nonresidential district only in compliance with the following requirements.
(1) Freestanding signs shall comply with the maximum permitted area and height specified in Schedule 1163.06(e) for each type of freestanding sign.
Schedule 1163.06(e) Freestanding Signs | ||||||
District | Ground Sign | Pole Sign | Minimum setback from ROW | Minimum Setback from Side Lot Line | ||
Maximum Sign Area | Maximum Sign Height | Maximum Sign Area | Maximum Sign Height | |||
D-B | 30 | 6 | NP | NP | 5 feet (c) | 10 feet (d) |
O-B | 40(a) | 6 | NP | NP | 7 feet (c) | 10 feet (d) |
R-B, G-B, L-G | 60(a) | 8 | (b) | (b) | 7 feet (c) | 10 feet (d) |
L-1, G-1, A | 60(a) | 8 | NP | NP | 7 feet(c) | 10 feet(d) |
(a) Plus any additional sign area permitted in subsection 1163.06(e)(9) for corner lots and subsection 1163.06(e)(10) for large lots (b) See Subsection 1163.06(e)(7). (c) See also Section 1163.06(e)(4). (d) See also Section 1163.06(e)(5). | ||||||
(2) Maximum number of freestanding signs. One freestanding sign shall be permitted per project or development, except for facilities on corner lots, pursuant to subsection (e)(9) hereof and bonuses as established for large lots, pursuant to subsection (e)(10) hereof.
(3) Minimum building setback and lot width. Freestanding signs are permitted only when the principal building is set back from the street right-of-way a minimum of twenty-five (25) feet and the site has a continuous lot frontage of not less than 100 feet, or when the owner of a facility or parcel which does not possess such minimum required frontage has entered into an agreement, subject to the approval of the Director of Law, which secures the rights to such freestanding sign from those adjacent property owners who are otherwise so entitled to a freestanding sign.
(4) Minimum sign setback from street. Freestanding signs shall be set back from the street right-of-way as set forth Schedule 1163.06(e), or a distance equal to one-half the height of the sign, whichever is greater.
(5) Minimum sign setback from side lot lines. Freestanding signs shall be setback from any side property line as set forth Schedule 1163.06(e), except that when a side lot coincides with a residential zoning district boundary line, the minimum setback shall be twenty-five (25) feet.
(6) Landscaping required. Freestanding signs, when permitted, shall be erected in a landscaped setting and shall not be permitted on sidewalks, drives or in parking lots. Neither the landscaping nor the freestanding sign shall obstruct the view of vehicles entering or exiting the property.
(7) Pole Signs at Freeway Interchange Areas. Businesses in the immediate vicinity of limited access highway interchange entrances and exits, may be allowed signs constructed to height and area dimensions which are reasonable and proper taking into consideration the necessity of giving notice to users of the high-speed highways of the existence of services and facilities off such highways and taking into further consideration the necessity of having notice of these services conveyed to users of the limited access highways without unduly impeding the ordinary flow of traffic thereon. For the purpose of determining reasonable and proper dimensions, the Sign Review Board may consider the following:
A. A standard and generally accepted sign advertising a service which is of a standard design and dimension in other areas and sections of the country;
B. The prevailing average height, area and style of signs utilized in other limited access highway interchange areas outside of the City:
C. An opinion, or certification from an engineer licensed by the State and properly qualified, certifying to the ability of the structure to withstand the natural or other forces to which such sign or structure may be expected to be subjected.
(8) Multi-tenant facilities. When a freestanding sign is permitted on a site having more than one tenant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building(s), the anchor tenant, all tenants, or some combination thereof.
(9) Additional area for corner lots. One additional freestanding sign may be permitted for a corner lot provided that:
A. The total frontage of both sides in not less than 200 feet;
B. The area of each freestanding sign complies with Schedule 1163.06(e), and the total area of both freestanding signs shall not exceed 175 percent of the maximum area permitted for a single sign;
C. The second freestanding sign is clearly located for visibility from the secondary street;
D. The two signs may be aggregated into a single sign at the corner provided that the area of any freestanding sign face shall not exceed 150 percent of the maximum area permitted for a single sign as set forth in Schedule 1163.06(e).
(10) Additional area for large lots. The area and number of freestanding signs on large lots may be increased according to the following:
A. In an O-B District, the allowable area of any freestanding sign may be increased by one square foot of area for every six(6) lineal feet of building frontage greater than 200 feet.
B. In a R-B, G-B, L-G, L-I, G-I and A District, the allowable area of any freestanding sign face may be increased by one square foot of area for every four (4) lineal feet of building frontage greater than 200 feet.
C. The allowable area pursuant to this section may be distributed to one freestanding sign for each 250 feet of the lot frontage or fraction thereof.
D. The area of freestanding signs may be increased by one square foot for each additional foot the sign is set back above the minimum setback required in Subsection 1163.06(e)(4) hereof.
E. Notwithstanding any provision of this section, the maximum area of a single freestanding sign shall be 200 square feet..
(f) Entrance Signs. Freestanding signs that meet the standards of this subsection are allowed in all nonresidential districts in addition to the square footage of permanent freestanding signs permitted in Subsection 1163.06(e) above.
(1) Entrance signs shall not exceed four (4) square feet in Business Districts and six (6) square feet in Industrial Districts, shall not exceed four (4) feet in height, and shall be located within ten (10) feet of the access drive to the site, in compliance with requirements for visibility at intersections set forth in Section 1169.06.
(2) Such signs may have internal or external illumination.
(g) Window Signs. The maximum permitted area for permanent signs placed in or painted on a window shall be twenty-five percent (25 %) of the window area of the ground floor windows.
(h) Signs in the Airport District. All signs on lots located in the Airport District are subject to FAA regulations.
(j) Instructional Signs. Instructional signs are intended for instructional purposes shall be permitted as needed provided such signs are: not larger than necessary to serve the intended instructional purpose; are the minimum number needed to serve the intended instructional purpose; and are not in locations and do not possess design characteristics that constitute or serve to attract attention beyond the perimeter of the site. (Ord. 2020-21. Passed 2-18-20.)
1163.07 ELECTRONIC MESSAGE/CHANGEABLE COPY SIGNS.
(a) Changeable copy by non-electronic means may be utilized on any permitted sign.
(1) Electronic message centers shall not be permitted in the Downtown Business District or the Historic District.
(2) In Residential Districts and the Limited Residential Business District, electronic message centers are permitted for non-residential uses and shall be located as follows:
A. A minimum of 100 feet from an adjacent residential parcel, but not counting residential parcels across a public right-of-way, and
B. A minimum of 120 feet from a residential structure.
(3) In the O-B, R-B, G-B, L-G, Industrial and Airport Districts, electronic message centers are permitted in compliance with the following:
A. Setback from Residential Districts. The leading edge of the sign shall be a minimum distance of 100 feet from an abutting residential district boundary.
B. Orientation. When located within 150 feet of a residentially-used lot in a residential district, all parts of the electronic changeable copy sign shall be oriented so that no portion of the sign face is visible from an existing or permitted principal structure on such residential lot.
(4) An EMC sign may be a portion of a building sign or freestanding sign, or may comprise the entire area of the sign, and shall not exceed seventy-five percent (75%) of the total sign area of any sign.
(5) EMC Illumination.
A. The brightness of the EMC's illuminance shall not exceed 0.3 foot-candles above the ambient light level in accordance with the following procedure:
1. The illuminance of an EMC shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals.
2. Illuminance shall be measured with the EMC off, and again with the EMC displaying a white image for a full color-capable EMC, or a solid message for a single-color EMC.
3. All measurements shall be taken as close as practical to a perpendicular plane of the sign at the distance determined by the following formula: (Area of Sign Sq Ft x 100).
B. All permitted EMCs shall be equipped with a sensor or other device that automatically determines the ambient illumination and be programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements.
C. Each EMC sign shall be operated with monitoring and methods in place that shall either turn off the display, or show a full black image on the display, in the event of a malfunction that affects more than fifty percent (50)%) of the EMC sign face.
(6) EMC signs shall have a minimum display time as follows:
A. In Residential and Limited Residential Business Districts, where permitted, EMC signs shall have a minimum display time of twelve (12) seconds. The transition time between messages and/or message frames is limited to one (1) second. The following EMC display features and functions are prohibited: scrolling, traveling, flashing, spinning, rotating, fade, dissolve, any other moving effects, and all dynamic frame effects or patterns of illusionary movement or simulating movement.
B. In nonresidential districts, EMC signs shall have a minimum display time of eight (8) seconds. The transition time between messages and/or message frames is limited to three (3) seconds. Transitions may employ fade, dissolve, and or other transition effects. The following EMC display features and functions are prohibited: continuous scrolling and/or traveling, flashing, spinning, rotating, and similar moving effects, and all dynamic frame effects or patterns of illusionary movement or simulating movement.
(c) Off-site Advertising Prohibited. Changeable copy signs shall not be used to display commercial messages relating to products or services that are not offered on the premises.
(Ord. 2020-21. Passed 2-18-20.)
1163.08 TEMPORARY SIGN REGULATIONS.
(a) Signs that meet the standards of this section are exempt from the standards for permanent signs and are not counted in the total square footage of permanent signage allowed on any particular property or site. Signs that do not meet the standards of this subsection are subject to the standards for permanent signs.
(b) All temporary freestanding signs shall be located a minimum of 5 feet from the right-of-way or a distance that is equal to half the height of the sign, whichever is greater and in compliance with requirements for visibility at intersections set forth in Section 1169.06, unless specifically permitted otherwise.
(c) Temporary Signs in Residential Districts. Temporary signs are permitted in Residential Districts and Limited Residential Business Districts subject to the following provisions:
(1) Each residential unit and nonresidential parcel shall be permitted to erect one or more temporary sign either as a building, window or freestanding sign in the front yard provided that no such sign shall be larger than eight (8) square feet or a height greater than four (4) feet and the combined area of all temporary signs on the site shall not exceed 12 square feet in area.
(2) Such temporary sign(s) shall be displayed for a duration not to exceed forty-five days.
(3) Temporary freestanding signs shall be located no closer than ten feet from a public right-of-way or a side lot line.
(d) Regulations for Temporary Signs in Nonresidential Districts. Temporary signs are permitted subject to the following provisions:
(1) The total area of temporary freestanding and wall signs on a developed lot in a nonresidential district shall not exceed sixteen (16) square feet in area and six (6) feet in height.
(2) Temporary Window Signs. Temporary window signs shall be attached to the interior of the building and shall comply with the following:
A. The area of such temporary window signs, either affixed thereto or visible from the outside, shall not exceed fifty percent (50%) of the window area.
B. All temporary window signs shall be displayed no longer than forty-five (45) days after placement, after which time such sign shall either be removed or replaced.
(3) Temporary Banners. Temporary banners shall be permitted in compliance with the following:
A. Interim sign to be replaced by a permanent sign: Whenever a new use is established or there is a change in occupancy and the permanent building sign has not yet been installed, a temporary banner sign may be displayed on the building in place of the permanent sign.
1. The size of the temporary banner shall be in accordance with the allowance for the permanent sign set forth in Section 1163.06.
2. Such sign shall be removed once the permanent sign is installed, or within ninety (90) days, whichever is less.
B. A temporary banner sign not serving as an interim permanent sign shall be permitted as follows:
1. One banner no larger than thirty-two (32) square feet in size is permitted per property or, on a multi-use property, per storefront.
2. Banners shall be attached to the front of the building and shall be displayed no more than four times per calendar year for periods not to exceed thirty (30) days.
C. Temporary banners that are erected in association with a temporary event approved in accordance with Section 1169.04 shall be permitted for events that do not exceed three (3) days. A freestanding banner not exceeding 60 square feet may be erected in the front yard for a period not to exceed 10 days, including up to 7 days prior to the event and shall not exceed 6 feet in height.
(4) Sidewalk Signs. Portable menu and sandwich board signs shall be permitted only in the D-B, R-B and G-B Districts.
A. One such sign shall be permitted per business or tenant and shall be placed no less than five feet from the entrance to the business.
B. In the D-B District, such signs may encroach upon the public right-of-way provided an unobstructed walkway is reserved for public passage and pedestrian and handicap accessibility to the building is maintained.
C. Such signs shall not exceed three feet in height or two feet in width. All such signs located in the right-of-way shall be approved by the Safety Director.
D. Such signs shall be displayed outdoors only during business hours, and shall not be located in any landscaped area.
(e) Temporary Freestanding Signs on Vacant Parcels.
(1) One (1) temporary sign is permitted up to a maximum of forty (40) square feet and a maximum height of six (6) feet.
(2) A parcel that also has frontage on a second public street is entitled to a second sign, not to exceed thirty-two (32) square feet, provided that the length of the frontage along the second public street is a minimum of 300 feet.
(f) Signs During Construction. A sign, up to forty (40) square feet and a maximum height of six (6) feet, is permitted at each construction entrance to the parcel. Such sign shall be removed upon occupancy of the building or completion of construction.
(g) Signs During Elections. From up to thirty (30) days prior to the day absentee ballots are available or the day early voting is permitted, whichever comes first, for a general, primary, or special election and up to three (3) days following such election the number of signs permitted on any residential lot is not restricted, provided that no such sign shall be larger than eight (8) square feet or a height greater than four (4) feet. (Ord. 2020-21. Passed 2-18-20.)
1163.09 SIGNS EXEMPT FROM REGULATION.
The following signs shall be exempt from regulation under the Zoning Ordinance.
(a) Any public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance.
(b) Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the building in which such sign is located.
(c) Historical or commemorative markers, murals and other works of art that do not include a commercial message.
(d) Integral decorative or architectural features of buildings that denote only the building's name, date of erection or street number, when such signs are cut into any masonry surface or implanted with a metal plate.
(e) Any outdoor sign that is not in any way visible from any adjacent public right-of-way or from any adjacent property.
(f) Religious and other holiday lights and decorations containing no commercial message when displayed during the appropriate time of the year.
(g) Flags of the United States, the state, the City, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting these conditions shall be considered a sign and shall be subject to regulations as such.
(Ord. 2020-21. Passed 2-18-20.)
1163.10 PROHIBITED SIGNS.
All signs not expressly permitted in this chapter or exempt from regulations pursuant to Section 1163.09 shall be prohibited in the City. Such signs may include, but are not limited to, the following:
(a) Any sign attached or otherwise applied to trees, bus shelters, utility poles, benches, trash receptacles, newspaper vending machines or boxes or located in the public right-of-way.
(b) Any flashing, moving, animated, coursing, blinking, racer-type, intermittent, rotating, moving or revolving signs, whirligig devices, inflatable signs and tethered balloons and other inflatable signs, pennants, ribbons, streamers, spinners and other similar types of attention-getting devices, except as permitted for electronic message center signs when in compliance with the applicable regulations in this Chapter.
(c) Roof signs unless permitted pursuant to the Planning Commission making the determination that a roof sign meets the unique needs of the building, site or location and will not have adverse impact on adjacent property or the community.
(d) Flag signs.
(e) Off-premise signs including billboards.
(f) Beacons or searchlights.
(g) Merchandise, equipment, products, vehicles or other items placed for attention getting, identification, or advertising purpose.
(h) Sexually Oriented Copy. No sign shall display any obscene material, or depict or describe any specified sexual activities or specified anatomical areas, as defined by Section 533.01 of the Codified Ordinances.
(Ord. 2020-21. Passed 2-18-20.)
1163.11 CRITERIA FOR THE DESIGN AND CONSTRUCTION OF SIGNS.
In addition to ensuring compliance with the numerical standards of these regulations, the Sign Review Board shall consider the proposed general design arrangement and placement of the sign as well as the appropriateness of the proposed sign in relationship to other signs and other structures both on the premises and in the surrounding areas, and shall only approve signs which are consistent with the intent, purposes, standard and criteria of these sign regulations. Specific standards for determining the appropriateness of the sign shall include, but not be limited, to the following:
(a) The lettering shall be large enough to be easily read but not overly large or out of scale with the building or site.
(b) The number of items, letters, symbols, shapes, shall be consistent with the amount of information which can be comprehended by the viewer; reflect simplicity; avoid visual clutter; and improve legibility.
(c) The shape of the sign shall be simple and not create visual clutter, and the sign should be consolidated into a minimum number of elements.
(d) A ratio between the message and the background shall permit easy recognition of the message.
(e) The size, style and location of the sign shall be appropriate to the activity of the site.
(f) The sign shall complement the building and adjacent buildings by being designed and placed to enhance the architecture. The sign shall also have a minimum of advertising and reflect the primary purpose of identifying the name and type of establishment.
(g) Signs shall have an appropriate contrast and be designed with a limited number of, and harmonious use of, colors.
(h) Extraneous elements, by virtue of inappropriate remodeling, and which exist at the time a new sign is proposed shall be removed to improve the clarity and design of the proposed sign and restore the intended character of the building.
(i) Signs, if seen in series, shall have a continuity of design with the style of sign generally consistent throughout the building or block.
(j) Instructional signs shall contain the minimum information and the minimum area necessary to convey the message and instruct the viewer in the safe and efficient use of the facility.
(k) Visible frames or supports for projecting signs shall be artistic in nature.
(l) A sign should be constructed with a minimum of different types of material so as to provide a consistent overall appearance.
(m) Illumination.
(1) All signs, except as herein modified, may be illuminated by internally or reflected light provided that such illumination shall:
A. Not be excessive in brightness;
B. Not be flashing, moving or intermittent except for permitted electronic message centers; and
C. Not be so located, arranged or shielded to be so directed and reflected away from adjacent property or streets.
D. Not include bare strings of light bulbs.
(2) Signs shall not be lighted to obstruct traffic control or any other public 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 Christmas display lighting.
(3) Ground or pole mounted solar collectors used as the electrical source for illuminated signs shall be designed and located in compliance with the following:
A. The location of the solar collector shall comply with all applicable building setback requirements of the district in which it is located.
B. The height of the solar collector and any mounts shall not exceed ten (10) feet or the high of the sign, whichever is less, when oriented at maximum tilt.
C. To the extent possible, without compromising the solar collector's access to the sun, solar collectors shall be screened from view at-grade from all adjacent streets and adjacent properties.
D. The total surface area of the solar collector shall not exceed twenty-five percent (25%) of the surface area of the sign.
E. A building permit is required for the installation of the solar collector.
(n) Construction Standards.
(1) Signs shall be structurally sound and located so as to pose no threat to pedestrian or vehicular traffic.
(2) Signs shall be fabricated on and of material which are of good quality, good durability and are complimentary to the building of which they become a part.
(3) The construction, erection, safety and maintenance of signs shall comply with the Ohio Building Code and the Ohio Revised Code.
(4) Signs shall be structurally designed to withstand wind pressure of thirty pounds per square foot in any direction.
(5) Temporary signs shall be durable and weather-resistant, and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.
(Ord. 2020-21. Passed 2-18-20.)
1163.12 MAINTENANCE.
All signs shall be maintained in accordance with the following:
(a) The property owner is required to maintain the sign in a condition fit for the intended use and has a continuing obligation to comply with all building code requirements.
(b) Each sign shall contain the name, address and telephone number of a firm or person responsible for erecting the sign, to 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 the sign is deemed by the Building and Zoning Inspector to be in an unsafe condition, the owner of the business shall be immediately notified, in writing, and shall, within forty-eight hours of such notification, correct such unsafe condition or remove the sign. If the correction has not been made within the 48 hours, the Building and Zoning Inspector may remove, or cause such unsafe sign to be removed, repaired or maintained at the expense of the property owner or lessee, sign owner or sign lessee.
(d) Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, relettering 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 or legally nonconforming use. (Ord. 2020-21. Passed 2-18-20.)
1163.13 ADMINISTRATION PROCEDURES.
(a) Sign Review Board, Organization, Powers and Duties.
(1) A Sign Review Board is established to review proposed signs pursuant to the standards and requirements of this chapter. The Board shall consist of five persons, and shall be constituted as follows:
A. Two members shall have experience in a design-related field including architect, graphic artist, interior designer, landscape architect or manufacturer of signs.
B. One member shall be an operator of a business located in the City.
C. The remaining two (2) members appointed to the Board shall be residents of the City.
D. One of the members appointed in subsections (a)A., or B., shall also be a resident of the City.
Members shall be appointed for four (4) year terms by the Mayor. The Chief Building and Zoning Inspector, or designee, shall serve as an advisor to the Sign Review Board.
(2) The Sign Review Board. The Sign Review Board shall review sign applications for compliance with the design and construction criteria set forth in Section 1163.11 and:
A. Shall have the power to review and approve, or disapprove, the following signs, except for signs on lots in historic districts, which shall be reviewed by the Design Review Board without being subject to review by the Sign Review Board:
1. Permanent building signs greater than six (6) square feet,
2. Permanent window signs,
3. Permanent freestanding signs greater than eight (8) square feet.
B. Shall, at the request of the Chief Building and Zoning Inspector, review:
1. Permanent building signs less than or equal to six (6) square feet,
2. Permanent window signs,
3. Permanent freestanding signs less than or equal to eight (8) square feet,
4. Entrance signs,
5. Temporary signs for uses other than single family and two-family dwellings,
6. Instructional signs.
(3) The Board shall meet not less than twice a month, and shall adopt rules and procedures for the conduct of its meetings.
(4) The Board shall deny or approve a sign application within twenty-one days from the meeting at which the application was received by the Board. If the Board has not so acted, the sign application shall be considered approved unless the time for a decision has been mutually extended by the applicant and the Board.
(5) The Board shall appoint a secretary at the first meeting of the calendar year by a majority vote of the full membership of the Board.
(6) Requests for variances from the zoning requirements for signs shall be reviewed and approved by the Board of Zoning Appeals in accordance with the procedures set forth in Section 1109.09.
(b) Signs Not Requiring Permit. Temporary signs for single-family and two-family dwellings shall be permitted without a permit provided that the sign complies with all applicable regulations of this chapter.
(c) Application Requirements. An application for a sign permit shall be filed with the Building and Zoning Inspector. Each application shall include two drawings or photos depicting the actual colors of the building and sign and shall be eight and one half by eleven inches and suitable for reproduction. The application shall present the sign in a manner which best illustrates how the sign shall be viewed by the public after it is erected on the site. Specifically, the application shall include:
(1) A complete building sketch or photograph showing the location of the sign and its relationship to the building, the site, the adjacent parcels and parking lots, drives and sidewalks;
(2) 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; and
(3) Construction, erection or fastening details.
(d) Review Procedures.
(1) The Building and Zoning Inspector shall review the application submitted pursuant to subsection (c) hereof to assure that it complies with all applicable numerical and submission standards of this chapter.
A. If the Building and Zoning Inspector determines that the proposed sign does not comply with the requirements of this chapter it shall be disapproved by the Building Inspector and returned to the applicant with a statement setting forth the areas of noncompliance.
B. When the Building and Zoning Inspector finds that the application does satisfactorily comply, then the application shall be presented to the Sign Review Board for consideration.
(2) The application shall be received by the Building and Zoning Inspector a minimum of seven (7) days prior to the next scheduled regular or special meeting of the Sign Review Board. If the application is not received at least seven days in advance, consideration of the application shall then be deferred until the next regular meeting of the Board or, at the discretion of the board, a special meeting scheduled.
(3) The Sign Review Board shall review the sign for compliance with all applicable provisions of this chapter.
A. Upon approval of an application by the Sign Review Board, the Building and Zoning Inspector shall issue a sign permit within three (3) business days, provided that the proposed signs(s) comply with all other applicable regulations.
B. If the sign application is disapproved by the Sign Review Board, the Board shall convey its reasons for disapproval to the applicant, in writing, within five (5) days. The Board, may suggest modifications which, if incorporated by the applicant, could bring the sign into compliance with this chapter.
(e) Board of Zoning Appeals.
(1) Actions of the Sign Review Board or the Building and Zoning Inspector, related to this chapter may be appealed to the Board of Zoning Appeals in compliance with Section 1109.08.
(2) The Board of Zoning Appeals may extend the time for removal of a nonconforming sign as required by Section 1163.14(b)(1) for a period which is the lesser of the remaining depreciable life of the nonconforming sign or five (5) years. Any such extension shall be subject to the criteria for granting variances set forth in Section 1109.09. In determining the depreciable life of a nonconforming sign, the Board may consider the depreciable life determined by the owner of such sign, but may also consider other standard accounting principles.
(Ord. 2020-21. Passed 2-18-20.)
1163.14 REGULATIONS FOR NONCONFORMING SIGNS.
(a) Maintenance of Nonconforming Signs. Nonconforming signs shall be maintained in good condition pursuant to Section 1163.12.
(b) Alteration and Removal of Nonconforming Signs.
(1) Nonconforming signs shall be removed and any subsequent modification or replacement, excluding maintenance pursuant to Section 1163.12 shall conform to all requirements of this chapter:
A. When more than fifty percent (50%) of the value of the sign has been destroyed or has been taken down; or
B. When the use which the nonconforming sign is accessory to is vacant for ninety consecutive days.
(2) Following six(6) years from the date of this amendment to this chapter which made the sign nonconforming, unless an extension is granted by the Board of Zoning Appeals, as set forth in Subsection 1163.13(e)(2).
(3) A nonconforming sign shall not be altered, modified or reconstructed other than to comply with this chapter except:
A. When the existing use has new ownership which results in a change in the name of the use or business on the property;
B. When the space is reoccupied by a similar use and the new occupant requires no external building or sit renovation; or
C. Pursuant to this subsection, the nonconforming sign may be changed only by replacing a sign panel or by repainting a sign face.
(4) A nonconforming sign shall immediately lose its legal nonconforming status and thereafter must be brought into conformance with this chapter or removed whenever alterations to a nonconforming sign changes the structure, framing or erection or relocation of the sign.
(Ord. 2020-21. Passed 2-18-20.)