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As used in this chapter:
(a) "Billboard" means a sign bearing a commercial or noncommercial message directing attention to a specific business, product, service, entertainment or any other activity sold, offered or conducted elsewhere than upon, or otherwise unrelated to, the same lot on which the sign is located. For purposes of this chapter, a noncommercial message means any otherwise lawful message that does not direct attention to a business operated for profit, or to a commodity or service for sale.
(b) "Billboard color sample" means a sample indicating the color and finish to be employed on the supporting structure of any billboard which shall be on file and available for inspection at the office of the Building Commissioner.
(c) "Modify" or "modification" means the addition of lights or other illumination to the billboard structure if the structure did not previously have lighting or illumination; the replacement of parts of the billboard structure with materials or parts other than the type originally used; the reduction or enlargement of the billboard structure; changing the location of the billboard structure on the property where it is placed; or any repair or repairs which exceed fifty percent of the billboard's replacement value.
(Ord. 8496-1998. Passed 1-5-99.)
Billboards shall comply with all of the following location requirements:
(a) Billboards shall be located only in U-4 Warehousing Districts, U-5 Industrial and Manufacturing Districts and the U-7 Brookpark Road Corridor Special District.
(b) Billboards shall be located only adjacent to Interstate highways and divided State primary highways. Billboards shall not be readable except incidentally from any street which is not designated as an Interstate or divided State primary highway.
(c) Billboards shall be located not less than:
(1) 250 feet from the pavement edge of any street or road not designated as an Interstate or divided State primary highway. The distance from the edge of the pavement shall be measured horizontally along a line perpendicular to the centerline of the highway to the edge of the billboard face closest to the pavement edge.
(2) 1,500 feet from any other billboard on the same side of the roadway. The distance between billboards shall be measured between sign faces in the direction of travel of traffic on the side of the roadway where the billboard is to be located.
(3) 500 feet from any interchange. The distance from an interchange shall be measured from the nearest point of the beginning or ending of the pavement-widening of the exit or entrance roadway to the main traveled way of the Interstate highway or divided State primary highway.
(Ord. 8496-1998. Passed 1-5-99.)
(a) Billboards shall be constructed of noncombustible materials; provided, however, that facings, letters, figures, decorations, structural trim and other incidental elements thereof may be made of combustible materials.
(b) Billboards shall be free-standing, shall not be attached to any wall or building and shall be supported by steel and concrete monopole structures only.
(c) Billboards shall be firmly and solidly constructed so as to be able to bear a wind pressure of at least forty pounds per square foot of the sign face area.
(d) Electrical work for billboards shall meet the requirements of the National Electrical Code and all State and local codes.
(e) Billboards shall be constructed using the allowable stresses and design criteria as set forth in the latest edition of the reference standard for the material of construction as described herein:
(1) For structural steel construction, the American Institute of Steel Construction (AISC) Specification for the Design, Fabrication and Erection of Structural Steel for Buildings (AISC S326), or the AISC Load and Resistance Factor Design Specification for Structural Steel Buildings (AISC 328).
(2) For concrete construction, the American Concrete Institute (ACI) Building Code, Requirements for Reinforced Concrete (ACI 318).
(3) For structural aluminum construction, the Aluminum Association, Aluminum Construction Manual, Specifications for Aluminum Structures.
(4) For other materials used in construction, allowable stresses and design criteria shall be in accordance with accepted engineering practice.
(f) Billboard foundations shall be constructed using allowable soil parameters as determined by appropriate geotechnical investigation and analysis.
(g) Billboards may consist of not more than two sign faces, back to back, so long as all other requirements of this chapter are met.
(h) Billboards shall be designed by a professional engineer registered in the State of Ohio. (Ord. 8496-1998. Passed 1-5-99.)
Each billboard face shall have a maximum signable area of 672 square feet. Cut-out extensions shall be allowed in addition to the signable area of the billboard, provided that such extensions do not exceed ten percent of the signable area of the billboard. The maximum height of any billboard shall be fifty feet measured from the surface of the highway. The bottom edge of the sign face of any billboard shall be at least ten feet from the ground.
(Ord. 8496-1998. Passed 1-5-99.)
Billboards may be illuminated, but only in such manner as to conceal lighting sources and to provide illumination without glare, as specified in Section 1123.06. Flashing or strobe lighting is prohibited. Animation, automatic message change or any other form of movement or appearance of movement is also prohibited.
(Ord. 8496-1998. Passed 1-5-99.)
The finish and color to be employed in the supporting structure of billboards shall be as designated by the Billboard Color Sample. The Billboard Color Sample, which shall be on file and available for inspection at the office of the Building Commissioner, is adopted as an integral part of this chapter.
(Ord. 8496-1998. Passed 1-5-99.)
(a) No person shall erect, replace or modify the structure of any billboard, with the exception of the message thereon, within the City, without first having secured a permit for such activity. The holder of such permit shall notify the Building Commissioner in writing ten days prior to any routine maintenance or any change in the message displayed thereon.
(b) Application for a permit to erect, replace or modify a billboard shall be made either by the owner of the billboard or the owner of the property on which the billboard is proposed or located.
(c) Three copies of the permit application shall be submitted to the Building Commissioner on forms furnished by the City at least forty-five calendar days prior to the date of proposed construction. The Building Commissioner shall retain one copy for the Building Department. The Building Commissioner shall provide one copy to the Fire Department and one copy to the Planning Commission, along with any recommendations of the Building Department, for consideration at the next regularly scheduled monthly Planning Commission meeting. Within forty-five days of initial receipt of the application by the Building Department, the Planning Commission shall review the application for compliance with the Building Codes of the City and the State and the requirements of this chapter. If at the end of the forty-five day period, the Planning Commission has not received any objection from the Fire Department or the Building Department, and the application demonstrates compliance with the Building Codes of the City and the State and the requirements of this chapter, the Planning Commission shall grant the permit. In the event the Fire Department, the Building Department or the Planning Commission finds that the application does not comply with the Building Codes of the City and the State and the requirements of this chapter, the Planning Commission shall either grant the permit with conditions designed to bring the application into compliance with the Building Codes of the City and the State and the requirements of this chapter, or deny the permit with a written statement of the reasons for denial.
(d) Applications shall include the following information:
(1) The name, address and telephone number of:
A. The owner of the billboard;
B. The billboard designer; and
C. The property owner.
(2) The initial message to be displayed on the billboard.
(3) Plans for billboard erection, replacement or modification. Such plans shall include the following:
A. A site location plan which shall be drawn to a scale of one inch equals fifty feet or larger and which shall indicate:
1. The exact proposed billboard location on the site by dimensions expressed in feet or decimal parts thereof from existing property lines, road and Interstate highway limited access right-of-way lines, and pavement edges;
2. The property lines of the site, with road right-of-way lines and Interstate or divided State primary highway limited access right-of-way lines accurately shown, as determined by actual survey and indicated by actual length and bearing;
3. All existing and proposed structures, poles, pavements, parking areas and fences within fifty feet of the proposed billboard location and all underground and overhead lines that exist within fifty feet of the proposed billboard location;
4. Adjacent properties, roads and right-of-ways within 600 feet of the proposed sign location shown to scale;
5. All billboards within 1,500 feet of the proposed billboard location;
6. Interstate and divided State highway pavement locations, which locations may be obtained from record information; and
7. Interchange locations, including the nearest point of the beginning or ending of pavement-widening of the exit or entrance roadway to the main traveled way of the Interstate highway or divided State primary highway within 600 feet of the proposed billboard location.
B. Detailed structural and foundation drawings indicating that the billboard will comply with the construction and maintenance standards set forth in Section 1124.04.
C. The signature and seal of the billboard designer.
(4) The cost of the erection, replacement or modification of the billboard, shown on the plans submitted.
(5) A copy of any permit application submitted to the Department of Transportation of the State of Ohio and, if the State permit has been issued, a copy of the permit, indicating approval for the location of the billboard in relation to the Interstate and/or divided State primary highway. In no event shall construction on any billboard commence until the Building Commissioner has received a copy of such State permit issued for the billboard.
(6) A certificate or policy of insurance showing purchase by the billboard owner of at least one million dollars ($1,000,000) of liability insurance to cover liability arising from the construction, collapse, maintenance and removal of any billboard.
(7) A copy of that portion of any contract or agreement between the owner of the property on which the billboard is located and the billboard owner indicating any terms or conditions for maintenance and/or removal of the billboard; provided, however, that any term indicating the dollar amount of any payment between the parties may be redacted.
(e) A billboard permit shall expire ninety (90) days from the date of issuance unless the activity authorized under the billboard permit has commenced before the end of that period.
(f) Upon expiration of any permit, the City will provide notice to the permit holder. If the billboard has not been removed within thirty days after expiration of the permit, the billboard shall be removed at the owner's expense without further notice or action required by the City.
(g) Billboards shall be maintained in like-new appearance and good repair for the entire permit period. Billboards are subject to inspection by the Building Commissioner with or without notice. Deficiencies shall be corrected within thirty (30) days of notice to the permit holder. The annual fee to maintain a billboard permit shall be sixty-two dollars ($62.00) per static billboard and one hundred thirteen dollars ($113.00) per digital billboard, per sign face, per year. The annual fee shall be payable by January 31 of each calendar year. Upon failure to make the January 31 payment, the City shall notify the permit holder. The permit holder will have thirty (30) days after such notice to comply or the City may cancel the permit.
(Ord. 11139-2019. Passed 1-21-20.)
(a) Owners, lessees or holders of permits for existing billboards shall, within sixty days of the effective date of this chapter, apply to the Building Commissioner on forms provided by the Building Department for an inspection of each billboard under their responsibility. The application shall include:
(1) The age and original cost of the billboard;
(2) The name and address of the billboard owner and of the owner or lessee of the property on which the billboard is located;
(3) A copy of all permits, licenses or variances issued for the billboard by the City of Brook Park, the Department of Transportation of the State of Ohio, or any other governmental entity;
(4) A copy of the certificate of insurance covering the billboard;
(5) Plans which include the information set out in Section 1124.08(d)(3); and
(6) Photographs of the front and back of the complete billboard structure.
(b) Any existing billboard, if under permit and found on inspection to be in conformance with the Planning and Zoning Code and the Building Code of the City of Brook Park effective at the time of the original erection of the billboard, shall be classified as a legal nonconforming billboard. If an existing billboard is found to have been erected without a permit, or in violation of regulations applicable at the time of erection without an authorized variance therefor, it shall be classified as unlawful and a public nuisance. Notice of such unlawful status shall be provided to the owner of the billboard.
(c) Any unlawful billboards shall be removed within one year from the date of notice of unlawful status, or the City shall cause it to be removed at the owner's expense.
(d) Any legal nonconforming billboard shall, if otherwise found to be in like-new condition and good repair, be granted a permit.
(e) No maintenance, repair, modification or other work shall be performed on any legal nonconforming billboard which would increase the degree of nonconformance of such billboard.
(f) Maintenance, repair, modification or other work on any legal nonconforming billboard costing more than fifty percent of the billboard's replacement value will result in the City's cancellation of the legal nonconforming permit and the issuance of an order requiring the billboard to be removed or brought into conformity with this chapter.
(g) Voluntarily discontinuing use of any legal nonconforming billboard for six months or longer will result in the City's cancellation of the legal nonconforming permit and the issuance of an order for removal. The use of a legal nonconforming billboard shall be considered voluntarily discontinued when the billboard has been modified to conform to the requirements related to size, color, illumination and other construction requirements under this chapter, or when the intent of the permittee to discontinue use is otherwise apparent in the condition of the billboard. Evidence of such intent shall include, but is not limited to, billboards which have ceased to display advertising matter, which display obsolete advertising messages, which require repairs costing more than fifty percent of the replacement value of the billboard or for which neither the billboard owner nor the landowner claims any responsibility.
(Ord. 11139-2019. Passed 1-21-20.)
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