§ 350.12 Temporary Signs

   Temporary signs, as defined in division (e)(11) of Section 350.03, shall be permitted in addition to otherwise permitted signs and sign area in accordance with the following regulations and other applicable regulations of the Building Code and other City ordinances.

   (a)   Banners. The area of all banners displayed for a business or other non-residential use shall be limited to twenty-five percent (25%) of the permitted permanent sign area. Each business or use shall display banners for no more than four (4) months during any calendar year. Banners shall be displayed only as wall, window, canopy or projecting signs in accordance with the applicable regulations pertaining to each sign type. (NOTE: Regulations of this chapter do not apply to banners displayed in the public right-of-way).

   (b)   Portable Signs. Portable signs shall be permitted only for community facility uses as listed in division (a) of Section 337.01 of the Zoning Code and for businesses located in Retail or Industrial Districts, and shall be displayed for no more than one (1) period of not more than thirty (30) consecutive days per calendar year. Portable signs shall be limited to one (1) per lot, forty (40) square feet in sign face area, and six (6) feet in height. Such sign shall be set back a minimum of one (1) foot from the street right-of-way lines and twenty (20) feet from side lot lines.

   (c)   Inflatable Signs. An inflatable sign shall be displayed no more than fourteen (14) days during a calendar year on any lot in a General Retail, Shopping Center or Industrial District. Inflatable signs shall be permitted in no other circumstances. Inflatable signs shall be limited to one (1) per lot, forty (40) feet in any dimension, and for display as either a free-standing or roof sign. The height of such sign above ground level shall not exceed permitted building height by more than twenty (20) feet.

   (d)   Window Signs. Temporary window signs, as permitted in Retail and Industrial Districts, shall cover no more than twenty-five percent (25%) of window area, as defined in division (a)(3) of Section 350.05.

   (e)   Pennants. The display of strings of pennants streamers, pinwheels, balloons and similar objects, as defined in division (f)(8) of Section 350.03, shall be prohibited except as permitted for carnivals and open- air festivals in accordance with the regulations of Section 329.07 and for new businesses under division (c) of Section 350.20.

   (f)   Other Temporary Signs. Real estate, development and political signs and signs for new businesses shall be permitted as temporary signs in accordance with other regulations of this chapter.

   (g)   Illumination. Temporary signs shall be illuminated only in accordance with the regulations of Section 350.07.

   (h)   Carnivals and Festivals. Notwithstanding the regulations of this chapter, temporary signs may be permitted for carnivals and open-air festivals in accordance with the regulations of Section 329.07.

   (i)   Safety Standards. Temporary signs shall meet regulations of the Building Code, National Electrical Code and other applicable codes.

   (j)   Nonconforming Temporary Signs. See division (d) of Section 350.19.

(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)

§ 350.13 Signs for Residential Districts

   Signs in Residential Districts and Residence- Office Districts, as well as signs for community facility uses permitted in these districts, shall be permitted as regulated below:

   (a)   Permitted Types, Number, Area and Height (Residential). Signs by use and structural type are permitted only in accordance with regulations presented in the schedule of Permitted Types, Number, Area and Height (Residential). Sign types not listed are prohibited except for political signs which are permitted as regulated in Section 350.11. Automatic changeable copy signs are prohibited in all Residence Districts. (All signs are permanent unless listed as temporary).

   Schedule of Permitted Types, Number, Area, & Height

   (Residential)

Signs by Use Type	Land Use Categories
	1-2 Family Dwellings	Townhouses (Row Houses)2	Multi-family Apartments	Community Facility3
Nameplate	TYPES: wall or free standing	TYPES: wall	Not Permitted	Not Permitted
	#: 2 per dwelling unit	#: 1 per dwelling unit
	SF: 2	SF: 2
	Ht: 3 ft.
Information	TYPES: wall or free standing
	#: minimum necessary as approved by Building Commissioner
	SF: 1	SF: 4	SF: 4	SF: 4
	Ht: 2 ft.	Ht: 3 ft.	Ht: 3 ft.	Ht: 3 ft.
Identification 2	TYPES: wall, free-standing or canopy
	#: 1 per vehicular entrance to a subdivision	#: 1 per vehicular entrance	#: 1 per vehicular 1 entrance	#: 1 per vehicular entrance
	SF: 20	SF: 20	SF: 20	SF: 40
	Ht: 5 ft.	Ht: 5 ft.	Ht: 5 ft.	Ht: 5 ft.
Directional	Not Permitted	TYPES: wall or free standing
		#: minimum necessary as approved by Building Commissioner
		SF: 4	SF: 4	SF: 4
		Ht: 3 ft.	Ht: 3 ft.	Ht: 3 ft.
Real Estate (Temporary)	TYPES: free-standing or window	TYPES: free-standing or window	TYPES: wall, window or free-standing
	#: 1 per lot	#: 1 per unit	#: 1 per vehicular entrance
	SF: 6	SF: 6	SF: 32	SF: 32
	Ht: 6 ft.	Ht: 6 ft.	Ht: 8 ft.	Ht: 8 ft.
Development (Temporary)	TYPES: free-standing	TYPES: wall, window or free-standing
	#: 1 per vehicular entrance to a subdivision	#: 1 per vehicular entrance
	SF: 48	SF: 64	SF: 64	SF: 64
	Ht: 10 ft.	Ht: 10 ft.	Ht: 10 ft.	Ht: 10 ft.
Bulletin Board	Not Permitted	Not Permitted	Not Permitted	TYPES: wall or free- standing
				#: 1 per lot
				SF: 40
				Ht. 8 ft.
TYPE: Permitted signs by structural type #: Maximum number of signs SF: Maximum sign face area (in square ft.) per side of each sign Ht: Maximum height for free-standing signs
1   1 additional identification sign not exceeding 10 square feet in area shall be permitted for each apartment building in a complex of 2 or more such buildings.    2   In any One-Family or Two-Family Residential District, such signs are permitted only for subdivisions of at least 10 lots.    3   Identification or Bulletin Board signs using electronically changeable copy may be permitted for Community Facility Uses only in accordance with the regulations of division (g) of this section.

 

   (b)   Location (Residential). Signs as permitted for residential and community facility uses shall conform with the location regulations presented in the Schedule of Location Regulations (Residential) in addition to the regulations of Section 350.08.

   Schedule of Location Regulations (Residential)

   Free-Standing Sign Types

 

Minimum Distance From	Nameplate Political & Information	Identification	Real Estate* & Development	Bulletin Board
All Lot Lines	5 ft.	20 ft.	20 ft.	25 ft.
Occupied 1-2 Family Dwelling	–	35 ft.	75 ft.	–
*   Real estate signs for individual 1-family, 2-family and townhouse units shall be located a minimum distance of 2 feet from every lot line and dwelling.

 

   (c)   Garage Sale and Open House Sign Regulations. Signs directing attention to a real estate open house or a sale of household items from a garage or house shall be permitted for one (1) and two (2) family dwellings and townhouses (rowhouses) in accordance with the following regulations:

      (1)   Maximum Number of Signs: One (1) per lot or townhouse unit;

      (2)   Permitted Sign Types: Window or free- standing;

      (3)   Maximum Sign Area: Four (4) square feet per sign;

      (4)   Maximum Height: Four (4) feet for free- standing signs;

      (5)   Location: Five (5) feet minimum setback from every lot line;

      (6)   Display Period: No more than three (3) four (4) day periods per year.

   (d)   Temporary Directional Signs. Signs directing attention to a real estate open house, garage sale or house auction, for a single-family, two (2) family or townhouse unit, may be displayed as free-standing signs on “tree lawn” areas in accordance with the following regulations:

      (1)   Maximum Number of Signs: Four (4) per event, with no more than two (2) per block for any single event;

      (2)   Maximum Sign Area: Two (2) square feet per sign;

      (3)   Maximum Heights: Three (3) feet;

      (4)   Location: At least one (1) foot from curbs and sidewalks and only on corner lots or at street intersections;

      (5)   Display Period: Only on the days of the event and not more than three (3) three (3) day periods per year for garage sales and house auctions and not more than two (2) days per week for open house events;

      (6)   Consent: Temporary directional signs shall be displayed only with the consent of the owner of the property that immediately adjoins the tree lawn on which the sign is to be placed.

   (e)   Signs or Accessory Business Uses. In any Multi-Family Residential District, a business or home occupation permitted as an accessory use may be identified by means of a permitted nameplate sign. Such sign may be displayed as either a wall or window sign not exceeding two (2) square feet in area and illuminated, if at all, by reflected light from a light source which is not visible from beyond the subject lot. No such signs, however, shall be permitted in an One- Family or Two-Family Residential District.

   (f)   Office Buildings. Signs for office buildings in Residence-Office Districts shall be permitted in accordance with the regulations for retail uses as provided in Section 350.14.

   (g)   Community Facility Uses. A variance shall be required and may be granted for Identification or Bulletin Board signs using electronically changeable copy to display information pertinent to a Community Facility use on the premises of such Community Facility use only if the Board of Zoning Appeals determines that the sign will provide community information without adversely affecting the character of nearby residential properties, in accordance with the following provisions.

      (1)   Community Facility Uses, for purposes of these provisions, shall include schools, places of worship, libraries, museums, hospitals, municipal recreation centers, parks, playgrounds, police stations, fire stations and other principal uses determined to be similar uses by the Board of Zoning Appeals.

      (2)   Information displayed on the sign shall be limited to information that pertains to the community facility use on which property the sign is located. Each display of information shall remain static or fixed for a minimum of twenty (20) seconds, thereby prohibiting flashing, scrolling, animated or other copy that gives the appearance of motion.

      (3)   The sign using electronically changeable copy shall be either a wall sign or a freestanding sign or portion of such sign and shall be a maximum of thirty (30) square feet in area.

      (4)   The placement and design of the sign using electronically changeable copy shall be approved by the City Planning Commission and Landmarks Commission, as applicable, in accordance with the design review guidelines established in this Zoning Code for signs and, specifically, with the intent of ensuring compatibility with the character of nearby residential properties.

      (5)   The Board of Zoning Appeals may approve a sign that varies from these provisions if both the Board and the City Planning Commission or Landmarks Commission, as applicable, determine that the sign will meet a community need without adversely impacting the character of nearby residential properties.

(Ord. No. 934-10. Passed 5-16-11, eff. 5-20-11)

§ 350.14 Signs for Retail Districts

   Signs for uses in University Retail, Local Retail, General Retail and Shopping Center Districts shall be permitted as regulated below:

   (a)   Maximum Sign Face Area (Retail). The maximum sign face area of all permanent building- mounted signs for each building or unit thereof shall be related to the width of the building or unit. (For lots without buildings or with unusually small buildings, see division (d) of Section 350.20.) Maximum sign face area, excluding the area of free-standing signs, shall be determined according to the measurement standards of Section 350.05 and the following formula where “W” is the width of frontage (in feet) of the building or unit thereof: (W × 1.5) + 25 = Square Feet of Signage.

   (b)   Permitted Types, Number, Area and Height (Retail). Signs by use and structural type are permitted only in accordance with the regulations presented in the schedule of Permitted Types, Number, Area and Height (Retail). Sign types not listed are prohibited except for political signs which are permitted as regulated in Section 350.11. (All signs are permanent unless listed as temporary).

Schedule of Permitted Types, Number, Area, & Height
(Retail)

Signs by Use Type	Signs by Structural Type
	Free-Standing	Wall	Window	Canopy	Projecting
Identification or Business 2, 3	#: 1 per lot 4	SF: As regulated by formula		#: 1 per building unit	#: 1 per building unit
	SF: 50 1			SF: 6 if hanging from soffit	SF: 12
	Ht: 12 ft. - Local Retail Districts
	25 ft. - Other Retail Districts
Directional & Information 5	#: Minimum necessary as approved by Building Commissioner				Not Permitted
	SF: 4	SF: 4	SF: 4	SF: 4
	Ht: 3 ft.
Real Estate (Temporary)	#: 1 per street frontage	#: 1 per building side	#: 1 per building unit	Not Permitted	Not Permitted
	SF: 48	SF: 48	SF: 12
	Ht: 10 ft.
Development 6 (Temporary)	#: 2 per lot (total)			Not Permitted	Not Permitted
	SF: 96	SF: 96	SF: 12
	Ht: 12 ft.
Temporary (Excluding Real Estate and Development)	As permitted in Section 350.12		SF: 25% of window area	As permitted in Section 350.12
#: Maximum number of signs SF: Maximum sign area (in square ft.) per side of each sign Ht: Maximum height for free-standing signs and roof signs Sign Area Formula: (W × 1.5) + 25 = square feet
1   Except 75 sq. ft. maximum for establishments with a building frontage of 100-200 ft. and 100 sq. ft. maximum for establishments with a building frontage exceeding 200 ft. For shopping centers, see Section 350.14(d).    2   Identification or business signs using animation, electronically-changeable copy or flashing lights are specifically prohibited for “adult entertainment uses,” as defined in Section 347.07(b).    3   Identification and business signs using animation or electronically-changeable copy are permitted in Local Retail Districts subject to the provisions of division (h) of this section, General Retail Districts and Shopping Center districts as free-standing, wall or window signs and, for theatres, also as canopy signs.    4   See division (b) of Section 350.20.    5   For hospitals, colleges and other public facilities and institutions, directional and information signs may be permitted to a maximum area of 12 sq. ft. and a maximum height of 6 ft. as necessary in the determination of the Building Commissioner.    6   In Local Retail Districts, wall and free-standing development signs shall be limited to 48 sq. ft. and 10 ft. in height (for free-standing signs).

 

   (c)   Location (Retail). Free-standing signs as permitted for retail uses shall conform with the location regulations presented in the Schedule of Location Regulations (Retail) in addition to the regulations of Section 350.08.

Schedule of Location Regulations (Retail)
Free-Standing Sign Types

 

Minimum Distance From	Identification/ Business	Real Estate & Development	Information & Political	Directional
Residential District Line	25 ft.	25 ft.	5 ft.	5 ft.
Street R.O.W. Line(s)	3 ft.	3 ft.	3 ft.	1 ft.
Side & Rear Lot Lines	5 ft.	5 ft.	5 ft.	5 ft.

 

   (d)   Shopping Centers. For purposes of this chapter, three (3) or more retail businesses located on a single lot and served by common parking or common vehicular entrances shall be classified as a “shopping center” and shall be permitted one (1) free-standing identification sign and one (1) wall identification sign in addition to other permitted signs and in accordance with the following regulations:

      (1)   Display of Information. Each shopping center identification sign shall display only the name of the center and the name of not more than one (1) business located within the center, except that, with approval of the council member whose ward is affected as expressed by an ordinance or resolution of Council, for any shopping center with retail floor area exceeding one hundred fifty thousand (150,000) square feet, excluding “outlots” with separate free-standing signs, such sign may display the names of not more than two (2) businesses located within the center.

      (2)   Size. The maximum sign face area of a shopping center identification sign shall equal twenty (20) square feet for each ten thousand (10,000) square feet of gross floor area but shall not exceed one hundred twenty-five (125) square feet. All shopping centers, however, shall be permitted a sign of at least fifty (50) square feet.

      (3)   Other Regulations. All other regulations of this chapter applicable to identification signs shall apply to a shopping center identification sign.

      (4)   Other Signs. A lot displaying a shopping center identification sign may display no other free- standing identification or business signs.

      (5)   Secondary Frontages and Entrances. One (1) additional shopping center identification freestanding sign and one (1) additional shopping center identification wall sign shall be permitted for a shopping center with more than one (1) vehicular entrance, provided that such signs meet the requirements of division (b) of Section 350.20.

      (6)   Outlots. If a vehicular entrance or parking lot of a shopping center also serves a use located on a separate lot (i.e., “out lot”), the free- standing identification or business sign permitted for such lot shall be limited to a maximum of twenty-five (25) square feet in area and seven (7) feet in height.

      (7)   Design Review. No sign identifying a shopping center or identifying two (2) or more businesses within a shopping center and no permanent identification sign of any type located within a designated Shopping Center District shall be erected or altered in appearance without the approval of the City Planning Commission or its Director. In considering such approval, the Commission shall seek to ensure that the signs demonstrate a high degree of graphic and architectural quality, legibility, and design compatibility with the shopping center, its signage and nearby development.

      (8)   Consolidation of Free-Standing Signs. In the case of a shopping center with more than the number of signs allowed under this chapter, which signs were legally established prior to the effective date of this ordinance, a new free-standing sign identifying two (2) or more businesses may be erected if the following conditions are met:

         A.   The new multi-tenant sign shall display the name of the shopping center and tenant names no greater in number than the tenant names currently displayed on free-standing signs in the shopping center, but in no case shall more than six (6) tenant names be displayed on such sign;

         B.   All other free-standing business identification signs on the shopping center property shall be removed prior to erection of the new sign, except that conforming signs permitted for outlots may be retained;

         C.   The sign does not exceed twelve (12) feet in height;

         D.   The council member whose ward is affected approves, as expressed by an ordinance or resolution of Council.

   (e)   Gasoline Service Stations. Signs for gasoline service stations shall conform with all regulations of this chapter except for the maximum sign area regulations of division (a) of Section 350.14 and any regulations which directly conflict with the regulations stated below:

      (1)   Free-Standing Business Sign. Each station shall be permitted one (1) permanent free- standing business signs, with total sign face area of the panel or panels not exceeding one hundred (100) square feet. Such sign shall be limited to identifying the company name, management, fuel prices, and services offered.

      (2)   Signs at Service Islands. Stations shall be permitted information signs at fuel or other service islands which display information regarding type of service or are necessary in directing or instructing the motorist who has entered the station area. Signs not extending beyond the edges of fuel pumps are permitted and shall not be counted as business identification signs.

      (3)   Wall and Canopy Signs. Each station shall be permitted permanent identifications, business, directional and information signs displayed as wall or canopy signs and not exceeding one hundred (100) square feet in combined area. Non-opaque internally- illuminated canopy surfaces (“fascia”) shall be considered as sign panels for purposes of sign area measurement.

      (4)   Temporary Signs. Temporary signs shall be permitted in accordance with the regulations of Section 350.12.

   (f)   Drive-Through Restaurants. For restaurants providing direct service to customers in motor vehicles, one (1) free-standing or wall-mounted “menu board” sign (limited to information regarding the restaurant’s menu and related instructions) shall be permitted for each drive-through lane in addition to signs and sign area otherwise permitted. Such sign shall not exceed forty (40) square feet in area and six (6) feet in height and shall meet setback regulations applicable to free- standing identification signs (as specified in division (c) of this section).

   (g)   Regulations for Larger Projecting Signs. A projecting sign may exceed the otherwise maximum permitted size of twelve (12) square feet and the otherwise maximum permitted projection of four (4) feet from a building wall if such sign meets the following standards:

      (1)   Such sign shall be set back from the closest interior side lot line and the closest tenant party wall line at least one (1) foot for each one (1) square foot of sign area;

      (2)   Such sign shall in no case exceed thirty- six (36) square feet in area nor eight (8) feet in projection from the building wall and shall be set back at least two (2) feet from the outer edge of any street curb;

      (3)   No Building Permit shall be issued for such sign without approval of the City Planning Commission, which shall consider the design quality of the sign and its compatibility with the design character of the subject property and surrounding properties. In addition to considering such general design factors as placement, proportions, color, materials, and consistency with signs to be seen as a series, the City Planning Commission may specifically require use of non-rectangular, custom-shaped panels, exposed neon or reflected lighting, unobtrusive support structures, narrow-profile sign cabinets, or other design features necessary to ensure that a larger projecting sign will enhance the appearance of the building on which it is placed and the district in which it is located;

      (4)   At least five (5) working days prior to the City Planning Commission meeting at which approval under the regulations of this division will be considered, written notice shall be provided to the City Council member in whose ward the proposed sign is to be located.

   (h)   Automatic Changeable Copy Signs in Local Retail Districts. Automatic changeable copy signs shall be permitted in a Local Retail District only if the Board of Zoning Appeals grants a Variance in accordance with the following standards.

      (1)   The Board of Zoning Appeals determines that the proposed sign will not adversely impact the character of nearby properties and will not cause disturbances to users of those properties.

      (2)   The design and placement of the sign has been approved by the City Planning Commission or Landmarks Commission, as applicable, in accordance with the general design guidelines established for use by each Commission.

      (3)   Each display of information shall remain static or fixed for a minimum of twenty (20) seconds, thereby prohibiting flashing, scrolling, animated or other copy that gives the appearance of motion, unless the City Planning Commission or Landmarks Commission, as applicable, determines that animated or more frequently changing displays can be accommodated in a particular location without causing disturbances to nearby properties.

   (i)   Supplemental Regulations. Signs in Retail Districts shall also conform to regulations of Section 350.20.

(Ord. No. 934-10. Passed 5-16-11, eff. 5-20-11)

§ 350.15 Signs for Industrial Districts

   Signs for uses in Residence-Industry, Semi- Industry, General Industry and Unrestricted Industry Districts shall be permitted as regulated below:

   (a)   Maximum Sign Face Area (Industrial). The maximum sign face area of all building-mounted permanent signs for each building or unit thereof shall be related to the width of the building or unit. (For lots without buildings or with unusually small buildings, see division (d) of Section 350.20). Maximum sign face area, excluding the area of free-standing signs, shall be determined according to the measurement standards of Section 350.05 and the following formula where “W” is the width of frontage (in feet) of the building or unit thereof: (W × 1.5) + 25 = Square Feet of Signage.

   (b)   Permitted Types, Number, Area and Height (Industrial). Signs by use and structural type are permitted only in accordance with the regulations presented in the Schedule of Permitted Types, Number, Area and Height (Industrial). Sign types not listed are prohibited except for billboards and political signs which are permitted as regulated in Sections 350.10 and 350.11 respectively. (All signs are permanent unless listed as temporary).

   Schedule of Permitted Types, Number, Area, & Height

   (Industrial)

Signs by Use Type	Signs by Structural Type
	Free-Standing	Wall	Window	Canopy	Roof 2
Identification or Business 2, 3	#: 1 per lot 4	SF: As regulated by formula		#: 1 per building unit	#: 1 per building unit
	SF: 50 1			SF: 6 if hanging from soffit
	Ht: 25 ft.				Ht: permitted building height
Directional & Information 5	#: Minimum necessary as approved by Building Commissioner				Not Permitted
	SF: 4	SF: 4	SF: 4	SF: 4
	Ht: 3 ft.
Real Estate (Temporary)	#: 1 per street frontage	#: 1 per building side	#: 1 per building unit	Not Permitted	Not Permitted
	SF: 48	SF: 48	SF: 12
	Ht: 10 ft.
Development 6 (Temporary)	#: 2 per lot (total)			Not Permitted	Not Permitted
	SF: 96	SF: 96	SF: 12
	Ht: 12 ft.
Temporary (Excluding Real Estate and Development)	As permitted in Section 350.12		SF: 25% of window area	As permitted in Section 350.12
#: Maximum number of signs SF: Maximum sign area (in square ft.) per side of each sign Ht: Maximum height for free-standing signs and roof signs Sign Area Formula: (W × 1.5) + 25 = square feet
1   Free-standing identification or business sign may exceed 50 square feet in area by an amount equal to 5 square feet for each 1-foot reduction in height below 25 feet. However, no such sign shall exceed 125 square feet in area.    2   Roof signs are permitted only in General and Unrestricted Industrial Districts. The height and placement of roof signs is further regulated in chapter 3113 of the Building Code.    3   Identification and business signs using animation or electronically-changeable copy are permitted as free-standing, wall or window signs in all industrial districts.    4   See division (b) of Section 350.20.    5   For hospitals, colleges and other public facilities and institutions, directional and information signs may be permitted to a maximum area of 12 sq. ft. and a maximum height of 6 ft. as necessary in the determination of the Building Commissioner.    6   In Local Retail Districts, wall and free-standing development signs shall be limited to 48 sq. ft. and 10 ft. in height (for free-standing signs).

 

   (c)   Location (Industrial). Free-standing signs as permitted for Industrial Districts shall conform to the location regulations presented in the Schedule of Location Regulations (Industrial) in addition to the regulations of Section 350.08.

   Schedule of Location Regulations (Industrial)

   Free-standing Sign Types

 

Minimum Distance From	Identification/ Business	Real Estate & Development	Information & Political	Directional
Residential District Line	25 ft.	25 ft.	5 ft.	5 ft.
Street R.O.W. Line(s)	3 ft.	3 ft.	3 ft.	1 ft.
Side & Rear Lot Lines	5 ft.	5 ft.	5 ft.	5 ft.

 

   (d)   Industrial Parks. In addition to signs otherwise permitted, a free-standing industrial park identification sign shall be permitted for a unified development of three (3) or more industrial firms and buildings served by a common local access road. Such sign shall conform to the following regulations:

      (1)   Permitted Information: Name and address of the industrial park and names of firms located in the park;

      (2)   Maximum Number: One (1) for each street frontage containing a vehicular entrance to the industrial park;

      (3)   Maximum Sign Face Area: Sixty (60) square feet plus an additional twenty (20) square feet for each additional tenant above three (3), to a maximum of one hundred twenty (120) square feet;

      (4)   Maximum Height: Twelve (12) feet;

      (5)   Location. Such sign shall be located at a vehicular entrance to the industrial park and shall conform to the location regulations for other identification or business signs stated in division (c) above. If, however, an industrial park identification sign is displayed, no other free-standing identification or business sign in the development shall be located within fifty (50) feet of the industrial park identification sign.

   (e)   Supplemental Regulations. Signs in Industrial Districts shall also conform to regulations of Section 350.20.

(Ord. No. 934-10. Passed 5-16-11, eff. 5-20-11)

§ 350.16 Signs in Design Review Districts

   For permit applications within Landmark Districts, Public Land Protective Districts or Business Revitalization Districts, the Landmarks Commission or City Planning Commission, as applicable, may authorize the Commissioner of Building and Housing to issue a permit which requires adherence to standards which are either less strict or more strict than the standards otherwise required by this chapter, if such action by the applicable Commission is in accordance with the following standards:

   (a)   Design Compatibility. Regulations of this chapter may be varied only if such variation will result in signage which is better suited to the design of the subject property or nearby properties of architectural or historic significance.

   (b)   Design Guidelines. Any variation from the regulations of this chapter shall be approved only in accordance with applicable design guidelines adopted by City Council or adopted by the applicable Commission pursuant to an ordinance of City Council.

   (c)   Minimum Variation. Any variation from the regulations of this chapter shall be the minimum necessary to ensure design compatibility.

   (d)   Written Record. In the record of its proceedings, the applicable Commission shall specifically identify any regulation of this chapter which is not met by an approved application and shall explain the necessity for granting such variation from the regulations.

   (e)   Final Action. An application which fails to meet any regulation of this chapter shall be approved only by direct action of the applicable Commission. The administrative approval provision of division (f) of Section 303.07 shall not be applicable in such cases.

(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)

§ 350.161 Wall Murals

   (a)   Districts Where Permitted. Wall murals shall be permitted within the Central Business District and the portion of the Flats-Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River. Within those districts, wall murals may be permitted in any community development plan area public land protective district, land mark district, business revitalization district, urban renewal district, and any overlay district subject to the provisions of this section. Notwithstanding the provisions of Chapters 161, 303, 317, and 341 of the Codified Ordinances, this section shall constitute design and all other guidelines and requirements for all wall murals located within all community development plan areas, public land protective districts, landmark districts, business revitalization districts, urban renewal districts, and every overlay district within the Central Business District as well as any other area and district in which wall murals may be authorized.

   (b)   Definitions.

      (1)   As used in this section “agency or official of the City” means Mayor, director, commissioner, commission, board, bureau, department, advisory committee, or any other body or official exercising the powers vested by Section 67 of the Charter or to whom such powers have been delegated.

      (2)   As used in this section, “architectural” means a style of building recognized in the art and science of architecture as characterized by peculiarities of structure, ornamentation, or motif.

      (3)   As used in this section, “the display” means the displayed images and words together with the art or pictorial background on which the images and words appear, excluding any nameplate that identifies the permit holder or its assignee.

      (4)   As used in this section, “historic” means recognized as distinctly important in the social science of history that records, studies, and explains the character and significance of past human activities, including the use made of buildings.

   (c)   Design Requirements.

      (1)   Primarily Pictorial. The sign shall display non-verbal graphic or non-verbal photographic images, and may display words. The aggregate area of all words on a static display exclusive of the sign nameplate and trademarks, service marks or other distinct product or company logos shall comprise no more than twenty percent (20%) of the area of the display.

      (2)   Type of Medium. The medium for the display shall be electronic as a static or moving image or a combination of each, or as a static image upon a single sheet of vinyl or other material that presents a high-resolution image (“other high-resolution material”). A display is “electronic” if its images, while being displayed on the wall mural, are generated by computer or otherwise by the controlled conduction of electrons or other charge carriers.

      (3)   Vinyl or other High-Resolution Medium. If the medium is vinyl or other high-resolution material, it shall comply with all of the following:

         A.   The resolution of the display shall be a minimum of three hundred (300) dots-per-inch (“DPI”);

         B.   If vinyl, the grade of vinyl shall be a minimum twelve (12) ounce flex vinyl, twelve (12) ounce mesh vinyl, or twelve (12) ounce sailcloth vinyl;

         C.   The display may be changed or replaced up to six (6) times within any twelve (12) month period in addition to any change necessary to repair or restore the sign if the structure or medium is defaced, damaged or destroyed;

         D.   The sign panel or other structure to which the vinyl or other high-resolution material is attached shall not appear from line-of-sight in front of the display as a distinct frame surrounding the exterior of the display.

   (d)   Size of Display. The total area of the display shall be no less than eighty percent (80%) of the total area of the wall on which the sign is located except where:

      (1)   A smaller sign is required to avoid covering a distinctive architectural or historic feature of the building; or

      (2)   A smaller sign is required to avoid interference by structures, other buildings, trees, or other obstacles with line-of-sight visibility of the display by the vehicular traffic to which the sign is oriented; or

      (3)   A smaller sign is required to ensure safety in erecting, changing, or maintaining the display or sign structure; or

      (4)   A smaller sign is required because the structure of the building or wall will not support or otherwise accommodate the sign structure necessary for the display to cover eighty percent (80%) of the wall area.

   (e)   Maximum Number of Wall Murals. Exclusive of legal nonconforming wall murals or wall signs, no more than six (6) wall murals authorized by this section may be displayed simultaneously within the Central Business District or the portion of the Flats-Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River.

   (f)   Standards for Wall Placement and Removal.

      (1)   The wall mural shall be displayed on an exterior wall in a manner parallel with the wall surface.

      (2)   The wall mural shall not project more than sixteen (16) inches from the wall surface if the medium is vinyl or other high-resolution material, and not more than twenty-eight (28) inches if the medium is electronic.

      (3)   The wall mural shall be set back from each vertical and horizontal end of the wall a minimum distance of six (6) inches.

      (4)   Illumination. Except for displays that are electronic, the displays of wall murals shall be illuminated by continuous reflected light directed from an external light source onto the display.

      (5)   Repair and Removal. Each wall mural shall be secured in a manner that will require minimal repair after removal. The person in control of a wall mural or the owner of the wall shall repair all damage caused to the wall by securing or removing the wall mural. Upon removal, if required by the City Planning Commission or the Landmarks Commission, the entire wall face shall be painted by the owners or person in possession of the wall with a high quality exterior paint guaranteed by the manufacturer to last at least 10 years before weather causes the paint to deteriorate. The paint shall be a solid color that is consistent with the color of the building.

      (6)   A wall mural shall not cover, destroy, or materially alter an architectural feature distinct from a generally flat, unornamented wall surface unless the City Planning Commission or Landmarks Commission permits the wall mural to cover the architectural feature.

      (7)   A wall mural shall not cover, destroy, or materially alter a distinctive historic feature of the building unless the City Planning Commission or Landmarks Commission permits the wall mural to cover the historic feature.

      (8)   Finishes, textures, construction techniques, designs, colors, craftsmanship, and building materials that characterize a distinctive historic or architectural feature of a building shall be preserved. To prevent material alteration:

         A.   Wall murals adjacent to a distinctive historic or architectural feature of a building shall be secured in a manner that, if removed in the future, would not impair the form and integrity of the feature;

         B.   Chemical or physical treatments, such as sandblasting, that may cause damage to any distinctive historic or architectural feature shall not be used;

         C.   All surface cleaning of the portion of a wall mural or underlying wall adjacent to a distinctive historic or architectural feature shall use a means that will not disturb the feature’s color, texture, or other visual qualities, accelerate deterioration or otherwise impair the structure of the feature.

   (g)   Permit for Erection of Wall Murals.

      (1)   No wall mural may be erected or replaced unless and until the person in control of the display applies for and obtains the following:

         A.   A permit under Section 3113.03 of the Building Code and Section 350.04 of the Zoning Code; and

         B.   If the proposed location falls within a landmark district, or is located on a landmark, approval by the Landmarks Commission applying the provisions of this section; or

         C.   If the proposed location falls within any other district or plan area, but not a landmark district, approval by the Planning Commission applying the provisions of this section, or by the City Planning Director pursuant to the rules of the Planning Commission for administrative approval, applying the provisions of this section.

      (2)   All approvals required for the erection or replacement of wall murals shall be documented by notation on the permit application during its evaluation, or by issuance of a separate legal instrument reciting the approval. No permit shall be issued if the approvals required by this section have not been obtained.

      (3)   A permit issued in accordance with this section shall be construed to be a license to proceed during the life of the permit with the erection or replacement of the wall mural as described in the approved permit application so long as fewer than six (6) wall murals are on display simultaneously within the Central Business District or the portion of the Flats- Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River and shall be construed as signifying all approvals required by this section. All permits and applications for permits authorized by this section shall be in the name of the person in control of the display. Such permits shall convey to such person all rights and privileges prescribed by this section, which may be assigned, and impose upon such person all duties prescribed by this section, which may be delegated. The person in control of the display, including all assignees and delegees, shall place a nameplate on the wall mural when erected or replaced that identifies that person, and shall notify the City Planning Director of the identity and current postal address of that person.

      Nothing in this section shall be construed as authorizing the erection or placement of a wall mural without the consent of the owner or person in possession of the wall where the wall mural would be located.

      (4)   Expiration. A permit to erect or replace a wall mural shall expire if the wall mural is not erected and bearing a display within one (1) year after the date of the issuance of the permit.

      (5)   Holders of permits authorizing the erection or replacement of wall murals shall have priority over all other holders based on the date and time of issuance of each permit, with the earlier date and time having priority.

      (6)   A wall mural shall be removed if it has no display for a continuous period of six (6) months. It shall not be re-erected or replaced without obtaining a new permit pursuant to this section.

      (7)   The City shall keep a permanent record of all permits issued for wall murals including dates and times of issuance, which shall be available for public inspection and copying.

      (8)   Change or Replacement of Display. A change or replacement of a display shall not require a permit or any other approval by the City. However, a change of material or method of attachment to the building or wall surface shall be deemed a replacement of the wall mural, requiring a new permit, unless such change is authorized by Section 350.19 of this Zoning Code.

   (h)   Standards for Determining Whether to Issue Permit for Wall Murals. An application for a permit to erect or replace a wall mural shall be granted if the wall mural as proposed satisfies the criteria of this section. Such criteria are in lieu of the standards and guidelines prescribed and authorized elsewhere in the Codified Ordinances for a permit, certificate of appropriateness, or other approval by any agency or official of the City except those set forth in the Building Code addressing structures and materials for signs.

   For those geographic areas where the City Planning Commission has jurisdiction as set out in the Codified Ordinances, a permit shall not be issued unless the City Planning Commission determines that all of the following are satisfied. For those areas where the Landmarks Commission has jurisdiction as set out in the Codified Ordinances, a permit shall not be issued unless the City Planning Commission determines that all of the following are satisfied:

      (1)   Walls Eligible for Wall Murals. The proposed location of a wall mural shall be on an exterior building wall that qualifies as unsightly at the time that the application for a permit is pending. A wall shall be deemed unsightly if its facade is a generally flat surface, lacking distinctive external architectural ornamentation, is constructed of poor quality or inappropriate construction materials, or is in disrepair.

      (2)   No Interference with Distinctive Architectural and Historic Features. Placement of a wall mural at the proposed location shall not be clearly incongruous with – or obscure or compromise the design integrity of – distinctive architectural or historic features of the building and of the architectural or scenic character of surrounding properties within two hundred fifty (250) lineal feet from the wall. A personal preference of any agency or official that wall murals as a class are incongruous with the Central Business District or the portion of the Flats-Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River as a whole shall not be considered.

      (3)   Findings of Clear Incongruity/Material Alteration of Distinctive Architectural, Historic Features. If the agency or official of the City responsible for evaluating an application for a permit decides to deny the application because the proposed wall mural would be clearly incongruous with, or would materially alter, a distinctive historic or architectural feature, that agency or official shall state the grounds for such finding in writing delivered to the applicant. On the applicant’s appeal of such finding and denial, the agency hearing the appeal shall find for the applicant unless the agency or official demonstrates clear incongruity or material alteration. As to that finding, such an appeal shall be heard de novo.

      (4)   No Pending Notices of Violation. No permit to erect or replace a wall mural shall be issued if, while the permit application is pending, a notice issued pursuant to Section 3101.10 of the Building Code is unresolved as to the building on which the proposed wall mural would be placed. A permit may be issued upon resolution of the alleged violation that is the subject of the notice.

      (5)   Content of Display Not Subject To Approval. No agency or official of the City shall prescribe or otherwise require approval of the color, graphic design, words, message, or any other element of the content of any display, nor shall any agency or official of the City require advance submission of the content of a display before granting a permit or other approval required or authorized by the Codified Ordinances.

      (6)   Administrative Authority To Establish Other Criteria. No agency or official of the City is authorized to establish criteria, standards, or guidelines that add restrictions, conditions, or requirements to those set forth in this section. However, each reviewing agency or official shall be allowed to follow its procedural rules and regulations, unless those rules and regulations conflict with this section. In that case, this section shall govern.

      (7)   The wall mural’s size and placement is appropriate to achieve the objective of beautifying the unsightly wall.

   (i)   Application for Permit.

      (1)   Each application shall address one (1) wall mural proposed for one (1) wall.

      (2)   Completed and satisfactory applications for permits to erect or replace wall murals filed first in accordance with this section shall be given priority over all other completed and satisfactory applications. The Building Commissioner shall record on the application the time and date upon which each application is filed, and maintain all filed applications or copies for at least ten (10) years from the date of filing.

      (3)   The applicant for a permit prescribed by this section shall file such application with the Building Commissioner, who shall forward the application to the appropriate agency or official responsible for evaluating it within seven (7) days of receiving it.

      (4)   The application shall be accompanied by a color photographic or digital image of the proposed wall location in the context of adjoining properties, and the same color image shall also depict the proposed wall mural to represent with general accuracy the appearance of the wall with the addition of the mural. The agency or official of the City responsible for evaluating the application may require additional photographic or digital images to be submitted with the application relevant to the criteria prescribed by this section.

      (5)   The application shall also be accompanied by:

         A.   The materials and information required by Section 350.04(c) of this Zoning Code and 3113.03(g) of the Building Code;

         B.   The street address of the building upon which the proposed wall mural would be located;

         C.   A list of streets and other vehicular rights of way to which the proposed mural principally would be oriented;

         D.   A calculation of the area of the wall upon which the wall mural would be located and a calculation of the area of the expected display;

         E.   If the area of the expected display would be less than eighty percent (80%) of the wall area, the reasons for the smaller display;

         F.   A description of the medium to be used for the display, and if vinyl or other high- resolution material, a description of its grade and a calibration of the dots-per-inch of the resolution of the display;

         G.   A list of buildings within the Central Business District and the portion of the Flats- Oxbow Business Revitalization District that is north of the Detroit-Superior Bridge and east of the Cuyahoga River where existing wall murals are on display at the time of filing the application;

         H.   The telephone number and postal address of the applicant and the name, telephone number, and postal address of the owner of the building to which the wall mural would be secured and a statement as to whether the owner or person in possession of the wall has consented to erection of the proposed wall mural.

   (j)   Time for Granting or Denying Application for Permit.

      (1)   Within sixty (60) days after receiving an application for a permit or up to an additional sixty (60) days if requested by the applicant or needed by the agency or official responsible for evaluating the application, the agency or official of the City responsible for evaluating the application shall grant or deny the application and shall notify the applicant, the Building Commissioner, and the Planning Director in writing of the decision.

      (2)   An application shall be deemed denied only by written notification to the applicant identifying each ordinal provision that was not satisfied and the reason that it was not satisfied.

      (3)   The application shall be deemed granted if not denied in accordance with this section.

   (k)   Enforcement. Whenever the Building Commissioner finds that a wall mural does not conform to the requirements of this section, exclusive of subsections 350.161(h)(1) and 350.161(h)(2), or that the structure of the wall mural or its attachment to the building is in a hazardous condition, he or she shall forward by certified mail to the person in control of the display a written notice of violation, stating the defects and requiring that person to correct or abate the defects within thirty (30) days. The Commissioner shall otherwise follow the procedures set forth in Chapter 3103.

(Ord. No. 1282-06, § 5. Passed 11-27-06, eff. 1-6-07)