(A) Prohibited signs.
(1) Signs are prohibited in all Zoning Districts unless authorized under this code.
(2) No sign larger than 12 square feet, except as specified herein, shall hereafter be erected in a non-residential Zoning District unless a sign permit has been issued by the Building Commissioner.
(3) An illuminated sign with flashing reflective spots or flood lamps of 25-watt tungsten or greater intensity shall be deemed a traffic hazard and are prohibited. The City Building Commissioner shall notify the property owner of a violation and grant the property owner five days to remove the sign.
(4) No sign shall be constructed, altered, located, or illuminated in any manner which causes undue glare, distraction, confusion, nuisance, or hazard to traffic or to other properties. No sign shall be located in a tree plat nor shall any notice, poster, or other paper or device, calculated to attract the attention to the public, be affixed to any lamp post, public utility pole, or shade tree, or upon any public structure or building, except as may be authorized by law. No sign may be illuminated after 11:00 p.m. if it is located within or adjacent to any residential district, except those businesses remaining open beyond that time in which case illumination shall cease upon closing.
(B) Authorized signs. The following signs are authorized in every Zoning District:
(1) Government signs which form the expression of this government when erected and maintained according to law and include the signs described and regulated in divisions (a) through (d) below.
(a) Traffic control devices on private or public property must be erected and maintained to comply with the Manual on Uniform Traffic Control Devices adopted in this state and if not adopted by this state with the Manual on Uniform Traffic Control Devices adopted by the Federal Highway Administration.
(b) Each property owner must mark their property using numerals that identify the address of the property so that public safety departments can easily identify the address from the public street. Where required under this code or other law the identification must be on the curb and may be on the principal building on the property. The size and location of the identifying numerals and letters if any must be proportional to the size of the building and the distance from the street to the building. In cases where the building is not located within view of the public street, the identifier shall be located on the mailbox or other suitable device such that it is visible from the street.
(c) Where a Federal, state or local law requires a property owner to post a sign on the owner's property to warn of a danger or to prohibit access to the property either generally or specifically, the owner must comply with the federal, state or local law to exercise that authority by posting a sign on the property.
(d) The signs described in divisions (1), (2), and (3) are necessary to protect the public safety and serve the compelling governmental interest of protecting traffic safety, serving the requirements of emergency response and protecting property rights or the rights of persons on property.
(C) Specific sign regulations. The following sign regulations shall apply to each zoning district as indicated.
(1) Residential zoning districts.
(a) Scope. This division (C)(1) shall apply to all Residential Zoning Districts.
(b) Temporary signs.
1. Temporary signs are permitted on each residential real estate parcel located within the City of Bedford subject to the following limitations:
A. The combined sign surface area of all signs shall not exceed 36 square feet; and
B. The sign surface area of each sign shall not exceed six square feet.
(c) Flags. Flags are permitted on each residential real estate parcel located within the City of Bedford subject to the following limitations:
1. The combined sign surface area of all flags shall not exceed 60 square feet; and
2. The sign surface area of each flag shall not exceed 15 square feet.
(d) Permanent signs.
1. Permanent signs are prohibited in residential zoning districts except for residential
developments (including subdivision identification) the maximum size and number of signs that the owner or owners of the residential development may erect and maintain at the entrances to the development shall be controlled according to the following:
A. Residential developments consisting of four acres or less in area may have a sign or signs with a total combined sign surface area of no more than 32 square feet.
B. Residential developments consisting of greater than four acres but less than 40 acres in area may have a sign or signs which have a total combined sign surface area of no more than 48 square feet.
C. Residential developments of 40 acres or more in area may have a sign or signs with a total combined sign surface area of no more than 102 square feet.
(e) Location. If ground-mounted, signs must be at least ten feet away from a city right-of-way.
(f) Height. If a sign is ground-mounted, the top of the sign may not be over four feet above the ground.
(2) Non-residential districts.
(a) Scope. This division (C)(3) shall apply to all non-residential districts.
1. Temporary signs. Temporary signs are permitted on each non-residential real estate parcel located within the City of Bedford subject to the following limitations:
A. The combined sign surface area of all signs shall not exceed 64 square feet; and
B. The sign surface area of each sign shall not exceed 32 square feet.
C. One temporary sign is allowed in one window of a building located on each parcel of real estate located within the city with a sign surface area of two square feet;
2. Permanent signs.
A. One permanent sign, which is attached to a building, is permitted on each building located on a non-residential real estate parcel located within the subject to the following limitations:
B. The sign surface area of each sign shall not exceed two square feet for each lineal foot of the side of the building where the sign will be attached;
(i) The sign shall not project above the ridge line of a sloping roof nor above the eave line of a flat roof; and
(ii) No sign shall project more than 12 inches over public property.
C. If the property fronts on more than one thoroughfare, one additional permanent sign, which is attached to the building facing both thoroughfares, shall be permitted subject to the same restrictions set forth in division (i) above.
D. If more than one business is located within a single building, more than one permanent sign may be attached to the building located on a non-residential real estate parcel subject to the following limitations:
(i) The number of permanent signs that may be attached to the building shall not exceed the number of businesses in the building; and
(ii) The combined sign surface area of all permanent signs attached to the building does not exceed two square feet of for each lineal foot of the side of the building where the signs will be attached.
E. (i) One permanent sign, which is free standing (not attached to a building), is permitted on each non-residential real estate parcel located within the city subject to the following limitations:
(ii) The sign surface area of the free standing permanent sign shall not exceed 100 square feet.
3. Flags. Flags are permitted on each non-residential real estate parcel located within the city subject to the following limitations:
A. The combined sign surface area of all flags shall not exceed 1,000 square feet; and
B. The sign surface area of each flag shall not exceed 1,000 square feet.
4. Height and setback of signs.
A. No sign shall exceed 35 feet in height, measured from the crown of the road directly in front of the sign.
B. Signs within ten feet of the street right-of-way shall be at least nine feet above the ground and vision beneath the sign must be clear except for supporting members.
C. No sign shall be located on or project over public property.
5. Shopping centers with more than ten acres.
A. Only one detached main sign shall be permitted;
B. All other signs shall be attached to buildings or store fronts as provided in the section for non-residential parcels; provided, however;
C. In the event that a shopping center has outlots or satellite store buildings, each said outlot or satellite store building may have a free standing sign not exceeding a sign surface area of 100 square feet.
(D) Abandonment.
(1) Any sign that is located on property that becomes vacant and unoccupied for a period of three months or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership or management of the business shall not be deemed abandoned unless the property remains vacant for a period of six months or more.
(E) Maintenance and repair. Every sign shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and other acts required for maintenance of the sign. Compliance shall be required with all standards of this chapter.
(F) Enforcement.
(1) If the City Building Commissioner determines that an illuminated sign is in violation of this ordinance, the Commissioner shall notify the owner of the sign in writing of the violation and grant the property owner five days to remove the sign. The owner shall remove the illuminated sign within five days of receipt of the notice of violation. If the property owner fails to remove the sign within the five day period, in addition to any civil penalty allowed under this chapter, the City Building Commissioner may remove and store the sign. The property owner shall be responsible for all costs associated with removing and storing the illuminated sign.
(2) If the City Building Commissioner determines that a sign is a nuisance or a safety hazard, the City Building Commissioner or his authorized agent may remove the sign without first delivering notice to the property owner.
(G) Permits. Applications for a sign permit shall be processed through the City Planning Department. Applications for sign permits shall include drawings or sketches of the construction and design of the sign and shall be accompanied by such fee as may be established by the Common Council. The city shall notify the applicant in writing of its decision within 30 days of the applicant submitting the application and fees. If no decision is made within 30 days, the application shall be deemed granted.
(H) Nonconformity and modification.
(1) Where a permanent sign or structure is nonconforming to the requirements of this ordinance for any reason and is located within a non-residential Zoning District, and a proper building permit or sign permit was issued authorizing the placement of the sign or structure prior to the passage of this section, the sign or structure may remain in its nonconforming condition so long as it remains otherwise lawful, subject to the following provisions:
(a) No such sign or structure may be enlarged or altered in a way which increases its nonconformity.
(b) Any nonconforming sign or structure damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before if the reconstruction is performed within three months of the casualty, and if the restored sign or structure has no greater coverage and contains no greater cubic content than before the casualty, subject to approval of required variances by the Board of Zoning Appeals; and
(c) If the nonconforming sign or structure is modified or removed, any new sign in the same location shall comply with this chapter and this nonconforming exception shall no longer apply.
(2) Unless otherwise provided herein, within 30 days after the effective date of this section, property owners shall either remove or bring into compliance all signs which violate this section on the date this section is passed and adopted by the Common Council.
(Ord. 28-1984, passed 8-14-84; Am. Ord. 28-1990, passed 10-9-90; Am. Ord. 8-2000, passed 3-14-00; Am. Ord. 3-2015, passed 4-14-15; Am. Ord. 15-2016, passed 9-13-16; Am. Ord. 34-2016, passed 12-19-16; Am. Ord. 9-2017, passed 5-9-17) Penalty, see § 155.999