1159.04 SIGNS.
   (a)   Each lot shall have not more than two accessory signs. No sign shall exceed 100 square feet in area inside its perimeter, unless a larger area is approved by the Planning Commission as part of the development plan. Each sign shall be designed as an integral part of the design of the building and located below the level of the roof. The design shall be submitted with the plans of the building and approved by the Planning Commission. No exterior spotlighting or other illumination, as will be an annoyance to inhabitants in residential districts, is permitted. Necessary safety lighting of roads and buildings and necessary direction signs are permitted.
   (b)   The owner of any sign which is otherwise permitted by this Code may substitute a non-commercial message in lieu of any other commercial or noncommercial message. This substitution of message may be made without any additional approval or permit. The purpose of this provision is to prevent any inadvertent and unintended favoring of a commercial message over a noncommercial message or favoring of any particular noncommercial message over any other noncommercial message. This provision shall prevail over any more specific provision to the contrary in the Village of Bratenahl Codified Ordinances.
   (c)   In addition to the signs and messages permitted in Subsections (a) and (b) above, a lot in the O District may construct an off-premise sign subject to the following:
      (1)   Only one (1) off-premise sign, with a maximum of two (2) sign faces, shall be permitted on a lot; and
      (2)   Off-premise signs shall not be attached to or located on a building or other structure not intended or utilized for the sole purpose of supporting said signs; and
      (3)   The maximum size of an off-premise sign shall not exceed two hundred forty (240) square feet per sign face including the frame and border. When two (2) sides of a sign are parallel to each other, or within thirty (30) degrees of being parallel, the off-premise sign may have display on both surfaces; and (Ord. 4089. Passed 3-17-21.)
      (4)   The maximum height of an off-premise sign, measured from the elevation of I-90 perpendicular to the I-90 right-of-way directly north of the location of the sign, shall not be greater than thirty (30) feet; and
         (Ord. 4175. Passed 1-18-23.)
      (5)   An off-premise sign shall be a minimum of five hundred (500) feet from any other off-premise sign, measured along the nearest edge of the right-of-way between points directly opposite the center of the signs along the same side of the street or highway on which the sign is to be located; and
      (6)   No portion of an off-premise sign, including its related framing, borders, and support structures, shall be located closer than fifteen (15) feet to a public right-of-way, extend over any property line on which the off-premise sign is erected, or be located closer to a building than a distance equal to the height of the off-premise sign; and
      (7)   Only one (1) sign face of the off-premise sign may be internally illuminated and such internally illuminated sign face shall face the direction along interstate 90 that has the least impact on Village residents as determined by the Planning Commission pursuant to the procedures in Subsection (e) below; and
      (8)   Any off-premise sign face that is not internally illuminated may be externally illuminated by lighting directed to the display panel and as approved by the Planning Commission; and
      (9)   An off-premise sign and sign frame shall be supported by a monopole or similar single, vertical structure.
   (d)   An internally illuminated off-premise sign shall:
      (1)   Have no movement of any kind occurring more frequently than once every eight (8) seconds; and
      (2)   Have automatic dimming capability that adjusts the brightness of the sign at any time of the day or night so it does not exceed two-tenths (0.2) of a foot-candle above the ambient light of the area as measured one hundred and fifty feet (150') from the face of the off-premise sign.
   (e)   Off-Premise Sign Permit. The Planning Commission shall have the authority to review a request by an applicant for an off-premise sign pursuant to the applicable provisions of Chapter 1153 Procedures for Development Plan Review for Standard Districts.
      (1)   In lieu of the submission requirements in Section 1153.05(a) the applicant shall submit: a site plan depicting the existing and proposed conditions in the vicinity of the off-premise sign; elevations of the off-premise sign; illustrations depicting the off-premise sign’s relationship to existing development on the site of the off-premise sign and to adjacent and nearby property; documentation as to the method of lighting the off-premise sign including brightness, orientation of the proposed lighting, the levels and location of light trespass; a copy of a valid conditional permit issued by the Ohio Department of Transportation for the proposed off-premise sign in the proposed location, and other documentation to adequately describe the proposal in sufficient detail for the Planning Commission to determine if the proposed off-premise sign is in compliance with this Section.
      (2)   All plans for an off-premise sign shall be certified by a licensed engineer registered in Ohio, stating that the off-premise sign, as proposed, is designed in accordance with all federal, state, and local laws, codes, and professional standards.
      (3)   An application for an electrical permit shall be submitted simultaneously with an application for an illuminated off-premise sign.
      (4)   The permit holder shall be required as a condition of issuance of a permit to post a maintenance guarantee acceptable to the Village Solicitor to insure that an abandoned, non-maintained, obsolete or destroyed sign and/or sign structure shall be removed within six months of cessation of use and abandonment. The amount of the guarantee shall cover 100% of the cost to properly remove the sign and associated support structure and foundation.
   (f)   Construction, Maintenance and Removal of Signs.  
      (1)   All off-premise signs, sign structures, sign foundation and methods to attach and anchor signs shall be constructed in accordance with industry-wide standards established by the Outdoor Advertising Association of America and the Institute of Outdoor Advertising, or their successor organizations, and applicable provisions of this Village of Bratenahl Building Code.
      (2)   All off-premises signs and sign structures shall be structurally sound and maintained in a safe and attractive condition. Off-premise signs and sign structures shall be repaired and painted as often as necessary to prevent rusting, peeling paint and undue fading. Any damage to the structural components shall be repaired within 24 hours. Off-premise signs that have been abandoned or are not maintained in accordance with this section or other applicable regulations of the Village shall be removed by the last permit holder or property owner, or by the Village at the expense of such permit holder or property owner.
      (3)   The sign owner shall securely attach the ODOT-issued sign permit plate(s) so as to be visible from the main, traveled way.
      (4)   Whenever the sign permit holder is required to submit a renewal application to ODOT, the owner shall submit a copy of the approved renewal to the Village Building Department within 30 days of its issuance.
      (5)   Whenever the removal or maintenance of an off-premise sign has been ordered by the Commissioner of Buildings, the permit holder or the owner of property on which the sign is erected shall remove or maintain the sign within forty-eight (48) hours after receiving such notice. In the event of noncompliance, the Commissioner may remove or cause to be removed or maintained such sign at the expense of the permit holder or the owner of property on which the sign is erected. The funds of the maintenance guarantee shall be used to make such maintenance, repairs or replacements, and the Village may make a claim against the maintenance guarantee surety.
      (6)   Removal of a sign shall include the sign, enclosing frame, all sign supporting members and base.
   (g)   Billboards, as defined in the Bratenahl Planning and Zoning Code, are prohibited.
(Ord. 4089. Passed 3-17-21.)