It is the purpose of these sign regulations to permit the use of signs as a means of communication in the Municipality; to maintain and enhance the Municipality's natural and manmade environment; to encourage an attractive and healthy economic environment; to minimize the possible adverse effects of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign regulations.

   The purpose as stated above is based on the following findings concerning signs:

   (a)   That excessive signs create dangerous traffic conditions, intrude on motorist and pedestrian enjoyment of the natural and man-made beauty of the Municipality, and as such are detrimental to the public health, safety and general welfare of the Municipality.

   (b)   That business enterprises and other institutions located along public and private streets have a need to identify themselves and their activities to motorists and pedestrians by means of signs.

(Ord. 17-2013, passed 9-24-2013)

   Exceptions to this chapter shall be as follows:

   The provisions of this chapter, with the exception of the regulations contained in § 1292.03(b) and (f) shall not apply to the following signs:

   (a)   Signs not more than two square feet in display area, on or over a show window or door of a store or business establishment, announcing without display or elaboration, only the name of the proprietor and the nature of the business.

   (b)   Signs not exceeding two square feet of display surface on a residence building stating only the name of the occupants and/or the street address.

   (c)   Signs not exceeding ten square feet of display surface on a public building or institutional building use giving the name and nature of the occupancy and information as to the conditions of use or admission.

   (d)   Any other signs authorized by a department of the Municipality which is not inconsistent with the authority of that department.

(Ord. 17-2013, passed 9-24-2013)

   Except as specifically provided in this chapter, only those signs which identify, advertise or promote the use established or goods sold or services rendered on the premises upon which the sign is located shall be permitted to be constructed, maintained or continued in the Municipality. All other outdoor advertising devices, including billboards, pennants and similar type device, whether wind-propelled or motor-driven, shall be prohibited. Permitted signs shall meet the following requirements:

   (a)   Traffic safety; ingress and egress. Notwithstanding any provision of this chapter to the contrary, no sign shall be so located as to obstruct or interfere with traffic or traffic visibility. No sign shall be so designed or constructed as to resemble or imitate signs, devices or signals erected by the Municipality for the regulation of traffic and parking. No sign shall be so located as to obstruct or interfere with any ingress or egress to a building or other premises required by the Building Code or this Zoning Code, or any window or other opening in any building providing ventilation to such building.

   (b)   Building access and ventilation. No sign shall be so located as to obstruct or interfere with any ingress or egress to a building or other premises required by the Building Code or this Zoning Code, or any window or other opening in any building providing ventilation to such building.

   (c)   Illuminated or animated signs. Signs may be illuminated by either external or internal sources of light. No sign shall be permitted in the Municipality, which:

      (1)   Rotates or which incorporates animation, moving parts, flashing lights or changing colors.

      (2)   Flashes on and off or where displays change in any degree of intensity. This regulation applies to signs located outside of buildings and to window signs inside buildings which are meant to be seen from the outside. However, a part of a sign which, by means of changes in copy or moving parts, indicates time and/or temperature or other public information, shall be excepted from this subsection.

      (3)   Illuminated signage that is not fully functioning as designed shall be turned off until the sign is illuminated to a fully functional state. This includes burnt out or broken bulbs, LED's or other lighting elements.

   (d)   Directional or informational signs. Small directional or informational signs, and non-advertising signs such as “IN,” “OUT,” “REST ROOMS,” “REGULAR” and “PREMIUM,” etc., shall be permitted with no limitation as to number, provided that such a sign shall be limited to one square foot in face area and are mounted on the wall, canopy or door of a building.

   A maximum of two signs per curb cut, not to exceed four signs per property, may:

      (1)   Be up to four square feet individually.

      (2)   Be internally lighted.

      (3)   Not exceed four feet in height nor shall they obstruct the view of drivers on or off the premises.

      (4)   Not be closer than five feet to any property line.

   Directional or informational signs shall be designed of similar materials or colors of the building it is providing direction to or information for.

   (e)   Projecting signs. No sign, whether free- standing or attached to a building or other structure, may project over the right-of-way of any public street, sidewalk or other public right-of-way. Existing signs which encroach on a right-of-way shall be removed.

   (f)   Illuminated signs near residential areas. All illuminated signs located within 100 feet of any residential zone shall cease to be illuminated at 10:00 p.m. or until the establishment is closed for business for the day, whichever is later.

   (g)   Unsafe signs. Notwithstanding any provision of this chapter to the contrary, the Building Commissioner or Zoning Officer shall make a periodic inspection of all signs or other structures governed by this chapter, and if, upon such inspection, the Building Commissioner or Zoning Officer determines that any such sign is or has become defective or unsecurely mounted or supported, so as to constitute a public or traffic hazard, the Building Commissioner or Zoning Officer shall order such sign to be removed or repaired so as to eliminate such hazard. The owner or person in control of such sign shall bear the full cost of compliance with such order of the Building Commissioner or Zoning Officer. If the Building Commissioner or Zoning Officer determines that such sign is of immediate danger, he or she shall place or cause to be placed signs or barriers indicating such danger. If the unsafe sign in question is not removed within 30 days of notification by the Building Commissioner or Zoning Officer, the Municipality may remove such sign in question and assess the cost of removal to the County Property Tax Bill.

   (h)   Similar materials and design. Signs and their supports shall be constructed of similar building materials or use similar colors to that of the principal building to which the sign is related.

(Ord. 17-2013, passed 9-24-2013)

   The following standards shall be used to determine the area and height measurements for all signs in the Municipality:

   (a)   The area of a sign shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the exterior display limits of a sign. Frames and structural members not bearing advertising matter or which are not an integral part of the sign message shall not be included in the computation of surface area (See illustrations on following page).

   (b)   The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point.

   (c)   In the case of irregularly shaped three dimensional signs the area of the display surface shall be measured on the plane of the largest vertical cross- section.

   (d)   The height of a sign shall be determined by measuring the vertical distance between the top part of the sign to the elevation of the ground beneath the sign prior to construction, excluding additional elevation added by creation of berming or mounding. If the grade prior to construction cannot be determined, the elevation of the base of the sign shall be computed using the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the premises, whichever is lower.

(Ord. 17-2013, passed 9-24-2013)

   The following provisions define the categories of signs permitted by this chapter in nonresidential districts and set forth certain specific regulations with respect to each category. Nonresidential Districts shall include the D-1 Downtown District, the I-P Industrial Park District, Glendale Milford Corridor Overlay District, the Springfield Pike Overlay District, the C- C Civic Center District, and the O-S Open Space District.

   All other provisions of this shall apply to such categories, where applicable.

   (a)   Wall signs. The owner or occupant of any commercial, business, industrial or institutional use located in a nonresidential district may erect and maintain, a wall sign, either illuminated or non- illuminated, for the business or service that is being conducted in the building on which the sign is posted.

      (1)   Such signs may be attached to the exterior walls or other vertical surfaces of such buildings but may not extend beyond the parapet of such building.

      (2)   The face of such signs shall be parallel to the face of the building.

      (3)   The total permissible wall sign area on a building shall not exceed 10 percent of the front building face area. For example, if the front building face was 1,200 square feet (80 feet in length by 15 feet in height), the total permissible square footage for wall signs shall be 120 square feet.

      (4)   No portion of any wall sign shall project more than one foot beyond the face of the building, nor extend beyond the end of the building face.

      (5)   No building shall have a sign or lettering painted directly on the building surfaces.

      (6)   No building shall have a roof-mounted sign, except for signs mounted on the face of a mansard roof.

      (7)   A property owner may allocate up to 50 percent of the allowable total wall sign area to a building wall other than the front wall of the building, however, in no case shall the total wall sign area for the entire building exceed 10 percent of the front building face.

      (8)   No wall sign shall exceed 150 square feet in area.

      (9)   When there more is one building on a lot, the allowable sign area may be distributed among the buildings so long as the maximum permitted sign area is not exceeded.

   (b)   Ground signs. A ground sign shall be set on the ground or mounted on a foundation which is set directly on or into the ground. Materials used for the base of the sign should be similar in material or color to the principal building on the lot.

      (1)   Height and setback - requirements for ground signs. No portion of any ground sign may be closer than five feet to any property line. No portion of any such sign may be closer than 15 feet to any street right-of-way. All such signs shall be set back at least 20 feet from a radius at all lot corners. No portion of any such sign shall exceed six feet in height.

   (c)   Distance between ground signs. No ground sign shall be closer than 50 feet to any other such sign. Distance shall be measured on a straight line directly between such signs.

   (d)   Number of signs permitted. Every commercial, business or industrial use or multiple development located in a nonresidential district, the road or street frontage of whose premises measures 100 feet or more, may erect and maintain one ground sign. As used in this section, “multiple development” means a shopping center or other nonresidential development containing two or more separate uses in one building or in a collection of buildings located on one tract or parcel of real estate so as to give the visual impression of a unified development. In the case of a use or multiple developments located on a corner lot, the minimum frontage shall be computed by adding together the frontages on each abutting street or road. Every commercial, business or industrial use or multiple developments whose street frontage is less than 100 feet may erect a sign which conforms to the regulations provided in § 1292.04(a) for professional signs.

   (e)   Number of ground signs permitted. Shall be as follows:

      (1)   Every commercial, business or industrial use or multiple development located in a nonresidential zoning district may erect and maintain one or more ground signs as follows:

 

 

      (2)   In the case of a user or multiple development located on a corner lot, the aforesaid minimum frontage shall be computed by adding together the frontages on each abutting street or road.

      (3)   If the premises upon which a ground sign is erected fronting on more than one public street, other than a corner lot, the street frontage nearest the sign(s) shall be used in determining the maximum number of permitted signs on such streets.

   (f)   Display surface area for ground signs. The aggregate area of any display surface of a ground sign may not exceed one square foot for each linear foot of street frontage of the premises upon which such sign is located, provided that in no event shall such sign have a single face area exceeding 80 square feet, nor shall the total area of all display surfaces exceed 160 square feet for ground signs. If the premises upon which a ground sign is erected front on more than one public street, other than a corner lot, the longest of such frontages may be used in determining the maximum permitted sign area in accordance with this subsection. However, in the case of a multiple development, the permitted total aggregate area of display surfaces of a ground sign shall include all of the display surfaces of any individual signs identifying separate uses in such multiple developments which may be attached to such ground sign. The allowable area of a ground sign may include a section for changeable letters. Such area shall not exceed 50 percent of the sign area.

   (g)   Motor vehicle service stations and motor vehicle filling stations. Motor vehicle service stations and filling stations may have, in addition to the signs permitted and regulated in this section, an additional area for display of gasoline prices, provided that such area does not total more than sixteen square feet.

   (h)   Landscaping of signs. Any ground-mounted sign shall have landscaping at the base of the sign according to the following standards:

      (1)   The minimum landscaped area shall be equal to the area of the sign face.

      (2)   The landscaped area shall include all points of structural support attachment to the ground.

      (3)   Where the required landscaped area is adjacent to a paved surface accessible to vehicular traffic, a raised curb suitable to prevent the encroachment of vehicles is required. The minimum horizontal distance between the face of any required curb and any part of the sign is 36 inches.

      (4)   The landscaped area shall include live plantings that provide year around coverage and shall be maintained at all times. The use of concrete, asphalt or other paved surface inside the required landscaped area beneath the sign is prohibited with the exception of the supports for the base of the sign.

      (5)   Landscaping shall include living plant material. The use of grass, crushed rock, mulch or stone by itself shall not be considered landscaping. An example of landscaping is identified in the illustration below:

   (i)   Temporary signs and displays. Signs, banners, flags, streamers or other display devices, including inflatable's, which are of a temporary nature and which advertise or call attention to grand openings, special sales or other temporary business promotions may be erected or installed only upon prior approval of the Zoning Officer.

      (1)   All such signs and displays may be displayed for not more than 14 consecutive days, and 60 days shall elapse before another such sign or display may be permitted.

      (2)   The Zoning Officer may withhold approval if it is determined that the number, size or placement of such temporary signs or displays would be a hazard to the public safety.

      (3)   The location of such signs shall be in accordance with § 1292.03(b).

      (4)   Such signs shall not be illuminated.

       (5)   Inflatable signs shall only be permitted as regulated in § 1292.09, Inflatable Signs.

      (6)   Portable signs on wheels or skids are not permitted.

   (j)   Real estate signs. Free-standing real estate signs advertising the sale, rental or lease of the premises on which they are maintained shall be set back at least five feet from the street right-of-way line. Such real estate sign shall not exceed 20 square feet in a nonresidential district and, at the seller's option, may be mounted flat against the building to which it pertains. Such signs shall not be illuminated and shall be removed no more than seven days after the closing on the property.

   (k)   Window signs. Signs pasted, painted or hung on windows or in the window casement, whether on the interior or exterior of a building, shall not cover more than 30% of each window area. This limited coverage will permit interior visibility from the exterior of the building in order to promote public safety. Signs are inclusive of advertisements, business name, or informational type signs such as “Open”, “Closed” or “Now Hiring”.

   (l)   Contractor's signs. Signs announcing the names of contractors, subcontractors, materials, suppliers or architects participating in the construction or improvement of a building shall be permitted during the actual construction period, provided that such signs shall be located only on the parcel of land being improved and shall not exceed 80 square feet in area. Such signs shall be at least 12 feet from all front property lines. Such signs shall not be illuminated and shall be removed no more than seven days after completion of the project.

   (m)   Signs permitted as a conditional use. The following signs may be permitted within a nonresidential district following review and approval by the Planning Commission using the standards established in Chapter 1254 and the following regulations.

      (1)   Variable message signs.

         A.   The maximum surface display area shall not exceed 25 square feet.

         B.   No more than one sign per lot shall be permitted.

         C.   Maximum flashing rate shall not exceed 1 line in 4 seconds, 2 lines in 7 seconds, 3 or more lines in 10 seconds.

         D.   Running copy shall not be permitted.

         E.   Lighting shall be on a sensor that dims or reduces the intensity of the light as it becomes darker outside.

(Ord. 17-2013, passed 9-24-2013)

   The following provisions define the categories of signs permitted by this chapter in residential districts and set forth certain specific regulations with respect to each category. All other provisions of this chapter, which are not by their nature inapplicable to any of the following categories of signs, shall apply to such categories.

   (a)   Home occupation and professional signs. As used in this chapter, “home occupation sign” or “professional sign” means a sign which is mounted flat against a residential building or mounted upon or hung from a post or posts and bears no message other than the name of the person or entity whose business, occupation or professional practice is conducted upon the premises on which the sign is erected, together with the name or specialty designation of such occupation, business or professional practice. The aggregate area of the display surface of such signs shall not exceed one square foot. The top of the post- mounted signs, or any part thereof, may not exceed a height of six feet above the grade level of the right-of- way line. Post-mounted signs may not be closer than 15 feet from the edge of the pavement or curb of the street. A maximum of one such non-illuminated sign shall be permitted per lot.

   (b)   Institutional or church signs. Any church, religious sect or congregation, community center or similar semipublic, public or institutional use may erect and maintain one sign not over 80 square feet in area on the same premises upon which such use is located.

      (1)   In no case shall any one side of the sign face exceed 40 square feet.

      (2)   If not attached flat against a building, such sign shall be at least 12 feet from all front property lines.

      (3)   A maximum of one such sign shall be permitted per lot.

      (4)   The sign may be illuminated. However, such illumination shall be turned off during evening hours to prevent light glare on surrounding residential properties.

      (5)   Free-standing ground signs shall be of similar materials or colors of the principal building on the lot.

   (c)   Real estate signs. Free-standing real estate or model home signs advertising the sale, rental or lease of the premises on which they are maintained shall be set back at least five feet from the street right- of-way line. Such real estate sign shall not exceed six square feet in area in residential and, at the seller's option, may be mounted flat against the building to which it pertains. Such signs shall not be illuminated and shall be removed no more than seven days after the closing of the property.

   (d)   Subdivision signs. Subdivision signs, each of which shall not exceed, in the aggregate, 50 square feet in area of display surface, advertising the sale of lots or houses in a new subdivision, may be erected and displayed in such subdivision, provided that not more than one such sign facing on any one street shall be permitted in any subdivision. Such signs shall not be internally illuminated and shall be removed upon the sale of all the lots in the subdivision.

   (e)   Contractor's signs. Signs announcing the names of contractors, subcontractors, materials, suppliers or architects participating in the construction or improvement of a building shall be permitted during the actual construction period, provided that such signs shall be located only on the parcel of land being improved and shall not exceed 24 square feet in area. Such signs shall be at least 15 feet from all front property lines. Such signs shall not be illuminated and shall be removed no more than seven days after the closing of on the property.

   (f)   Temporary signs and displays. Signs, banners, flags, streamers or other display devices, including inflatables, which are of a temporary nature and which advertise or call attention to grand openings, special sales or other temporary business promotions may be erected or installed only upon prior approval of the Zoning Officer.

      (1)   All such signs and displays may be displayed for not more than 14 consecutive days, and 60 days shall elapse before another such sign or display may be permitted.

      (2)   The Zoning Officer may withhold approval if it is determined that the number, size or placement of such temporary signs or displays would be a hazard to the public safety.

      (3)   The location of such signs shall be in accordance with § 1292.03(b).

      (4)   Such signs shall not be illuminated.

      (5)   Inflatable signs shall only be permitted as regulated in § 1292.09, Inflatable Signs.

      (6)   Portable signs on wheels or skids are not permitted.

(Ord. 17-2013, passed 9-24-2013)

   Signs in a Planned Unit Development District shall conform to the regulations of the underlying or attached district unless a coordinated sign plan is developed by the developer for the entire PUD site and is approved by the Planning Commission.

(Ord. 17-2013, passed 9-24-2013)

   Political signs shall be regulated as follows:

   (a)   Signs advertising support of or opposition to any issue, levy, political party, political candidate, or write-in candidate shall be permitted without application for a building.

   (b)   Size and location:

      (1)   Such non-illuminated signs shall not exceed 12 square feet in size and no more than two such signs shall appear on any lot.

      (2)   Such signs shall be at least five feet from all property lines and right-of-way.

(Ord. 17-2013, passed 9-24-2013)

   Inflatable signs referenced in this section shall apply to all inflatable structures, balloons and figures filled with air or other type gas where it takes on a discernible shape. Inflatable signs may only be permitted if it meets all of the following regulations:

   (a)   A temporary sign permit is required from the Zoning Officer. A fee as determined by the Municipal Council may be required.

   (b)   The installer of the inflatable sign must be a properly registered and licensed contractor and provide a certificate of insurance in the amount of one million dollars ($1,000,000). The contractor, owner or agent shall accept full responsibility for the imposed display load and devices securely anchoring the sign to the ground.

   (c)   Only one inflatable sign is permitted per lot.

   (d)   Inflatable signs shall not exceed 30 feet in height.

   (e)   There shall be no text displayed on the inflatable sign.

   (f)   The inflatable sign shall not encroach over any public right-of-way or across any property lines.

   (g)   The inflatable sign shall not be installed below or within 20 feet of any electrical, phone, CATV or other overhead transmission lines.

   (h)   Inflatable signs shall not utilize more than 10% of the required off-street parking spaces required for the business in which the inflatable sign is erected.

   (i)   The inflatable sign shall not have motion caused by mechanical means or by a varying supply of air or gas.

   (j)   The inflatable sign shall be securely mounted on the ground only. Roof mounting is not permitted.

   (k)   Inflatable signs shall be made of a flame retardant material.

   (l)   Inflatable signs shall not be internally or externally illuminated.

   These inflatable sign regulations shall not apply to any inflatable type device normally used for the entertainment of children including jumping balloons, inflatable slides and similar type devices.

(Ord. 17-2013, passed 9-24-2013)

   All signs in all districts, and the immediate surrounding premises, shall be maintained by the owner thereof or his or her agent in a clean condition, free and clear of all rubbish and weeds. Signs shall be maintained in proper working order including lighting.

(Ord. 17-2013, passed 9-24-2013)

   All signs which do not conform to this chapter are hereby declared to be a public nuisance, detrimental to the safety of the residents of the Municipality.

   Notwithstanding any provision of this chapter to the contrary, whenever any nonconforming sign or other device subject to these regulations collapses, burns or is removed from its location, except for normal maintenance, such sign or device shall not be replaced or reconstructed except in full compliance with all applicable provisions of this chapter.

(Ord. 17-2013, passed 9-24-2013)

   The Board of Zoning Appeals shall have the power to grant a variance from any of the provisions of this chapter, but such power shall be limited to cases of practical difficulties, and any such variance granted shall be upon terms and conditions which are designed to promote the object and purpose of these regulations. The Board may not grant any variance whose effect will be to continue or to permit a hazard to public safety.

(Ord. 17-2013, passed 9-24-2013)

   The Municipality is not responsible for signs which have been previously placed within the right-of- way of any street, highway, lane, avenue, road, drive or public thoroughfare and which have to be removed because of any reason whatsoever.

(Ord. 17-2013, passed 9-24-2013)

   The Municipality reserves the right to erect Municipality name signs and traffic signs anywhere that the public health, safety and general welfare of the Municipality are served. The Municipality may install temporary signs as determined necessary by the Municipality.

(Ord. 17-2013, passed 9-24-2013)

   The following signs do not require a permit, but may be subject to the provisions of this chapter:

   (a)   Governmental signs and signs erected by the government for control of traffic and other regulatory purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies for the purpose of safety.

   (b)   Flags of reasonable customary size and color, emblems and insignia of any governmental agency, corporation, business, or political subdivision and temporary displays of a patriotic, religious, charitable or civic character.

   (c)   Commemorative plaques placed by recognized historical agencies.

   (d)   Interior signs that can be viewed only by persons within such use.

   (e)   Noncommercial signs displaying messages, including but not limited to: directional signs, house numbers, real estate signs, construction signs, political signs, “now hiring”, “help wanted”, garage and yard sale signs. Such signs shall not be located within the public right-of-way and are subject to the provisions of this chapter.

   (f)   Window signs affixed to the inside of window.

   (g)   Signs required by a court of competent jurisdiction in the Municipality of Woodlawn.

(Ord. 17-2013, passed 9-24-2013)

   If any sign is abandoned for a period of at least six consecutive months in any 12-month period, such sign shall be a nuisance affecting or endangering surrounding property values and be detrimental to the public health, safety and general welfare of the Municipality and shall be abated.

   Such sign shall be abated within 60 days of notification by the Zoning Officer either by:

   (a)   Removing the sign in question. Removal includes the total disassembly of the sign structure including the base, to the grade on which the sign was erected. Any sign not removed within the specified 60-day time period may be removed by the Municipality at the property owner's expense and assessed to that property owner on the next County Property Tax Statement.

   (b)   Altering the sign and its structure so that it conforms to the regulations and provisions of this Code.

(Ord. 17-2013, passed 9-24-2013)