§ 1328.16 ILLUMINATION, CONSTRUCTION AND MAINTENANCE STANDARDS.
   In addition to ensuring compliance with the numerical standards of these regulations, the Building Department shall consider the proposed sign according to the following standards.
   (A)   Illumination. Signs shall be permitted to be illuminated in compliance with the following.
      (1)   All signs that are permitted to be illuminated as enumerated in §§ 1328.09, 1328.10, 1328.11, 1328.13 and 1328.15 may be externally illuminated, except as otherwise mentioned in this section and the external illumination shall comply with the following:
         (a)   Only direct lighting from an external source shall be used to illuminate the sign;
         (b)   The source of light shall not be visible from the street or adjacent property; and
         (c)   Light shall not be from a colored light source.
      (2)   Illuminated as enumerated in §§ 1328.09, 1328.10, 1328.11, 1328.13 and 1328.15 above may be internally illuminated, except as otherwise mentioned in this section. Internal illumination may be permitted where no potential safety hazard to motorist or pedestrians is created.
      (3)   Signs shall not include animated, flashing, moving or intermittent illumination.
      (4)   No temporary sign shall be illuminated or have the potential to be illuminated except upon approval from the Building Commissioner.
      (5)   Signs visible from the sight lines along a street shall not contain an arrow or words such as “stop”, “go”, “slow” and the like, and the movement, content, coloring or manner of illumination shall not resemble traffic control signs or signals.
   (B)   Construction Standards.
      (1)   The construction, erection, safety and maintenance of signs shall comply with the Ohio Building Code.
      (2)   Signs shall be structurally sound and located so as to pose no threat to pedestrian or vehicular traffic.
      (3)   Signs shall be fabricated on and of materials of good quality, rigid material, good weathering and durability.
      (4)   No sign shall be erected so as to project over and obstruct any window, door, fire escape, balcony, platform, stairway, ladder, vent or other means of ingress of any building.
      (5)   No sign shall be attached to a utility pole, tree, trash receptacle, bench or other structure not intended or approved as a sign support.
      (6)   Temporary signs shall be durable, rigid, weather-resistant and fastened or anchored sufficiently, whether attached to a window or positioned in the ground and shall not exceed 20% per window pane.
      (7)   No temporary sign shall have moveable lettering or lettering capable of being moved or replaced.
      (8)   No sign regulated by any of the provisions of this chapter shall be erected in the right-of-way or at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal or device as defined in the Manual of Uniform Traffic Control Devices; or which makes use of the words “STOP”, “LOOK”, “DANGER” or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.
   (C)   Maintenance and Removal of Signs. All signs shall be maintained in accordance with the following.
      (1)   The property owner, occupant or other person responsible for the sign shall maintain the sign in a condition fit for the intended use and he or she shall have a continuing obligation to comply with all building code requirements.
      (2)   If the Building Commissioner finds that any sign is unsafe, insecure or a menace to the public, or constructed, erected or maintained in violation of the provisions of this Code, notice shall be given in writing by the Building Commissioner to the owner. The owner of the business shall, within 72 hours of such notification, correct such unsafe condition or remove the sign. If the correction has not been made within the 72 hours, the sign may be removed or altered by the city to comply with these regulations. The Building Commissioner may cause any sign, which in the city’s opinion crates a danger to persons or property to be removed immediately and without notice.
      (3)   Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, refurbishing, or repainting, the same may be done without a permit or any payment of fees provided that all of the following conditions are met:
         (a)   There shall be no alteration or remodeling to the sign face, lettering (except as otherwise permitted for changeable copy), sign base, sign support(s) or the mounting of the sign itself;
         (b)   There shall be no enlargement or increase in any of the dimensions of the sign or its structure; and
         (c)   The sign shall be accessory to a legally permitted, conditional or nonconforming use.
      (4)   The Building Commissioner may order any sign to be painted or refurbished whenever there is a need to keep the sign in a neat and safe condition. All supports, guys, braces and anchors for such signs shall be maintained in a safe condition, and it shall be unlawful for the owners or person having charge of such sign not to remove the same after receiving notice from the Building Commissioner.
      (5)   Any permanent sign which advertises a business no longer conducted on the premises or fails to serve the purposes for which it was intended, or evidences a lack of maintenance, shall be removed by the owner, agent or person having the beneficial use of the building, structure or land upon which such sign is located, within 14 days after written notice by the Building Commissioner. Upon failure to comply with such notice within the time specified in such order, the Building Commissioner is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which such sign is located.
      (6)   Any temporary sign found in violation of any part of this chapter shall be removed immediately by the Building Department.
      (7)   The city may remove and dispose of, or destroy, without notice, any sign that has been unlawfully erected or placed on city property or in a right-of-way.
   (D)   Regulations for Nonconforming Signs.
      (1)   Maintenance of Nonconforming Signs. Nonconforming signs shall be maintained in good condition pursuant to this chapter and may continue until such sign is required to be removed as set forth in this section.
      (2)   Alteration, Relocation or Replacement of Nonconforming Signs. A nonconforming sign shall not be structurally altered, relocated or replaced unless it is brought into compliance with the provisions of this section, except as otherwise permitted in this section.
      (3)   Reconstruction of Damaged Sign. If a sign face and/or its support are damaged to the extent where the repair cost exceeds 50% of the replacement cost of the sign, the sign shall be removed or brought into compliance with this section. If the repair costs do not exceed 50% of the replacement cost of the sign, the sign may be repaired, subject to approval of consistency in design by the Planning Commission and provided repair work is completed within 30 days after the date of approval from the Planning Commission.
      (4)   Termination. A legal nonconforming sign shall immediately lose its legal nonconforming status, and therefore shall be brought into conformance with this section or removed, when any of the following occur:
         (a)   The size or shape of the sign is changed;
         (b)   The sign face (except otherwise permitted for changeable copy) or sign structure is altered;
         (c)   The building is renovated or remodeled to the extent that more than 50% of the gross floor area is removed or replaced, or otherwise affected by renovation or remodeling; or
         (d)   There is a change in occupancy.
(Ord. 107-05, passed 8-22-2005; Ord. 137-12, passed 9-17-2012; Ord. 15-15, passed 6-15-2015; Ord. 48-2019, passed 12-16-2019)