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CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART IIIA: LAND USE CODE - PLANNING AND HOUSING
PART IIIB: LAND USE CODE - ZONING CODE
TITLE VII: ZONING CODE
CHAPTER 325 - DEFINITIONS
CHAPTER 327 - ENFORCEMENT AND PENALTY
CHAPTER 329 - BOARD OF ZONING APPEALS
CHAPTER 331 - BUILDING ZONE MAPS
CHAPTER 333 - CHANGES AND AMENDMENTS
CHAPTER 334 - PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
CHAPTER 335 - USE DISTRICTS
CHAPTER 336 - URBAN GARDEN DISTRICT
CHAPTER 337 - RESIDENTIAL DISTRICTS
CHAPTER 338 - MANUFACTURED HOUSING PARK (MHP) DISTRICT
CHAPTER 339 - PARKING DISTRICTS
CHAPTER 340 - INSTITUTIONAL-RESEARCH (I-R) DISTRICTS
CHAPTER 341 - DESIGN REVIEW
CHAPTER 342 - OPEN SPACE AND RECREATION (OSR) DISTRICTS
CHAPTER 343 - BUSINESS DISTRICTS
CHAPTER 344 - MIDTOWN MIXED-USE DISTRICT
CHAPTER 345 - INDUSTRIAL DISTRICTS
CHAPTER 346 - LIVE-WORK OVERLAY DISTRICTS
CHAPTER 347 - SPECIFIC USES REGULATED
CHAPTER 348 - FORM DISTRICTS
CHAPTER 349 - OFF-STREET PARKING AND LOADING
CHAPTER 350 - SIGN REGULATIONS
CHAPTER 351 - RIPARIAN SETBACKS AND WETLANDS SETBACKS
CHAPTER 352 - LANDSCAPING, SCREENING, AND OUTDOOR PARKING LOT LIGHTING
CHAPTER 353 - HEIGHT REGULATIONS
CHAPTER 354 - WIRELESS TELECOMMUNICATION FACILITIES
CHAPTER 354A - WIND ENERGY FACILITIES
CHAPTER 355 - AREA REQUIREMENTS
CHAPTER 356 - CENTRAL BUSINESS DISTRICT (CBD)
CHAPTER 357 - YARDS AND COURTS
CHAPTER 358 - FENCE REGULATIONS
CHAPTER 359 - NONCONFORMING USES
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
PART IIIC: LAND USE CODE - HOUSING CODE
PART IIID: LAND USE CODE - FIRE PREVENTION CODE
PART IIIE: LAND USE CODE - BUILDING CODE
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 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
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)
§ 350.162 When Valid Permit, Approval Is Presumed
   Where for twelve (12) consecutive years beginning at any time prior to January 1, 2006 a sign with a face of at least three hundred (300) square feet has remained at the same location continuously with no change in height setback, number of panels, size, or dimensions, other than changes allowed by division (1) of Section 350.10, it shall be conclusively presumed for purposes of Section 350.18 of this Zoning Code and Section 3113.04 of the Building Code that the sign was erected initially pursuant to valid permits, certificates, and all other approvals required by the City at the time of erection.
(Ord. No. 1282-06, § 5. Passed 11-27-06, eff. 1-6-07)
§ 350.17 Signs for Parking Facilities
   The following regulations shall apply in non-residential zoning districts to parking garages accommodating more than ten (10) vehicles and to open parking lots which are not accessory to a main use:
   (a)   Exemptions. Regulations of this zoning code do not restrict directional and informational signs not readable from a public street.
   (b)   Sign Types. Parking garages and lots regulated by this section shall be permitted identification, business, directional and information signs displayed as either free-standing, projecting, wall or window signs.
   (c)   Number and Area. No more than two (2) permitted signs shall be displayed at each vehicular entrance to the garage or lot. Except for directional and information signs not exceeding four (4) square feet each in area, no other signs shall be permitted on the property. Combined area of all signage displayed at each entrance shall not exceed seventy-five (75) square feet and no single sign shall exceed fifty (50) square feet in area.
   (d)   Supplemental Regulations. Individual signs permitted for parking garages and lots shall conform to all regulations of this chapter not in conflict with regulations of this section. With regard to the location of free-standing signs, the regulations for retail zoning districts shall apply.
(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)
§ 350.18 Maintenance and Removal of Signs
   All signs and sign structures shall be maintained in a safe condition and shall not exhibit evidence of significant wear, deterioration or damage. Whenever the Commissioner of Building and Housing has ordered the repair or removal of a permanent or temporary sign due to its hazardous condition or due to the lack of an appropriate required permit and such action has not been taken within forty-eight (48) hours of delivery of such notice to the person or entity which owns the sign or on whose property it is displayed, the Commissioner may cause the repair or removal of the sign at the expense of such person or entity. If in the opinion of the Commissioner, the sign is so hazardous as to constitute an immediate danger to human life, the Commissioner shall promptly cause the repair or removal of the sign at the expense of such person or entity, in accordance with division (i) of Section 3103.09, without the necessity of waiting forty-eight (48) hours.
(Ord. No. 3076-A-89. Passed 12-10-90, eff. 12-20-90)
§ 350.19 Nonconforming Signs and Uses
   A sign which is displayed pursuant to a Building Permit issued by the City, but does not conform to current regulations, shall be deemed a legal nonconforming sign (hereinafter referred to as a “nonconforming” sign) and shall be governed by the following regulations:
   (a)   Permitted Repair and Alterations. A nonconforming sign may be painted, cleaned or repaired as required in Section 350.18 but shall not be otherwise altered, moved or replaced unless made to conform to current regulations. Such sign, however, may be altered to permit a change of message or change of face if such change does not structurally alter the sign casing or support.
   (b)   Limitation on Reconstruction. A nonconforming sign or part thereof damaged or deteriorated to an extent exceeding fifty percent (50%) of its replacement cost shall not be reconstructed or replaced unless made to conform to regulations of this Code. For a nonconforming sign damaged by a single incident (such as a storm), to an extent less than fifty percent (50%) of its replacement cost, reconstruction is permitted only if such work is begun within six (6) months of the incident and is completed within twelve (12) months of the incident.
   (c)   Discontinuance of Use. A nonconforming sign shall be removed or made to conform to regulations of this Code if the use to which the sign refers has been discontinued for a continuous and immediately preceding period of at least six (6) months, except as provided in division (f) of this section. In the case of a nonconforming billboard, as defined in this chapter, such sign shall be removed or made to conform to regulations of this Code if, for a continuous and immediately preceding period of at least twelve (12) months, the billboard has been blank or has displayed copy which is faded or damaged so as to render it illegible or has referred to an event or activity which has ended or to a business or product or service which has been discontinued.
   (d)   Temporary Signs. All nonconforming temporary signs, including portable signs, shall be removed or made to comply with the regulations of this Code within thirty (30) days after issuance of a violation notice by the City.
   (e)   Signs for Nonconforming Uses. For legal nonconforming uses, such as a retail use in a residential zoning district, the applicable signage regulations shall be those most appropriate to the nature of the nonconforming use.
   (f)   Landmark Signs. A landmark sign is one which is determined to be historically or architecturally significant by the Landmarks Commission in accordance with the standards of division (a) of Section 161.04 of the Codified Ordinances. A sign so identified by the Commission shall be exempt from the prohibitions regarding reconstruction or retention as stated in divisions (a) and (b) of Section 350.19. Any proposed reconstruction of such sign shall be permitted only if approved by the Landmarks Commission in accordance with its customary standards for review.
(Ord. No. 1435-99. Passed 2-28-00, eff. 3-6-00)
§ 350.20 Supplemental Regulations
   The following supplemental regulations shall apply to permitted signs in non-residential zoning districts:
   (a)   Non-Ground Floor Uses. For uses not located on the ground floor and for ground floor uses which lack direct access from the building exterior, the following signs shall be permitted in addition to signs otherwise permitted for the building. Regardless of the number of such uses in a building, not more than one (1) wall or projecting identification sign, a maximum of twelve (12) square feet in area, shall be placed at each ground floor entrance providing access to the uses in question. In addition, for each such use, window signs not exceeding twenty (20) square feet in total area shall be permitted for display on the inside surface of windows within the subject space.
   (b)   Secondary Frontages and Entrances.
      (1)   Secondary Frontages. A building or building unit with frontage on a second street or with a customer building entrance from a rear or side parking lot shall be permitted total additional wall, window, projecting and canopy sign area not to exceed fifty percent (50%) of the sign area otherwise permitted. Such signs shall be displayed so that the total sign area placed on any facade does not exceed the maximum sign area permitted for the building’s primary frontage. This provision shall also apply to buildings or building units with secondary frontage along the Cuyahoga River or Lake Erie and to buildings adjoining a freeway right-of-way.
      (2)   Secondary Entrances. For lots served by more than one (1) vehicular entrance, one (1) additional freestanding identification sign shall be permitted at each additional vehicular entrance if the minimum distance between any two (2) such signs is five hundred (500) feet as measured along street lines. Where such distance is less than five hundred (500) feet but more than three hundred (300) feet, a second free-standing identification sign shall be permitted if the height of each such sign is no greater than twelve (12) feet and the combined sign area of the two (2) signs is no greater than one hundred fifty percent (150%) of the maximum sign area permitted for a single free-standing identification sign on the subject property.
   (c)   New Businesses. Upon its initial opening, a new business establishment may display a temporary identification sign for a maximum period of sixty-two (62) days prior to installation of a permanent identification sign. Such temporary sign may be a wall, window or portable sign which shall conform with all regulations applicable to permanent signs (except clearly inapplicable structural requirements) and shall be counted as part of the maximum permitted permanent sign area. In addition, temporary window signs for such new businesses may cover up to seventy- five percent (75%) of window area. Strings of pennants, streamers, pinwheels, balloons and similar small lightweight objects shall be permitted for “grand openings” for a single period not exceeding seven (7) days within the first six (6) months after issuance of the initial Occupancy Certificate for a new business.
   (d)   Open Lots. For uses without buildings, and for uses on lots where building frontage in less than twenty percent (20%) of lot frontage, maximum sign face area for the use, including free-standing signs, shall be the greater of fifty (50) square feet or the figure resulting from the following formula where “LW” equals the width of the lot frontage, as defined in division (a)(2) of Section 350.05: LW x 1.0 = SQUARE FEET OF SIGNAGE. The area of a free- standing sign shall in no instance exceed one hundred (100) square feet.
   (e)   Major Public Assembly Facilities. For public assembly facilities located within the Central Business District and providing a minimum seating or attendance capacity of five thousand (5,000) persons, signage shall be permitted in accordance with the following standards contained in this division (e) which recognize the unique nature of these large-scale public assembly facilities. Except as provided in these standards, all other regulations of this Zoning Code shall apply to such signage.
      (1)   Type, Number, Height and Location of Signs. The City Planning Commission may authorize variations in otherwise applicable regulations of this chapter to the extent necessary to provide adequate information to the public.
      (2)   Electronic Changeable Copy Signs. Information displayed through electronically changeable copy on signs located on the premises of a qualifying public assembly facility or on property located within five hundred (500) feet of the qualifying public assembly facility and owned or leased by the owners of said public assembly facility shall be limited to the following:
         A.   Identification of the facility or events held at the facility;
         B.   Identification of the events held at other local public assembly facilities and identification of festivals and other special events held in the City;
         C.   Identification of products or services offered for sale on the premises of the qualifying public assembly facility;
         D.   Public service messages, such as time, temperature and information of a civil nature, including welcoming of visitors to the City;
         E.   Acknowledgement of organizations or individuals sponsoring events held at the facility or contributing to the construction or operation of the facility as sponsors or patrons.
(Ord. No. 1435-99. Passed 2-28-00, eff. 3-6-00)
§ 350.21 Exempt Signs
   The provisions of this chapter shall not govern the display of the following signs and objects:
   (a)   The American, Ohio and Cleveland flags and flags of other nations or nationality groups (except where used as part of a sign advertising a product or service);
   (b)   Governmental signs providing traffic control information and similar public information;
   (c)   Signs which are part of the original construction of a vending machine, fuel pump or similar device;
   (d)   Any monument within a cemetery;
   (e)   Cornerstones and permanent building plaques displaying the date of construction, architect’s name, building name, historical information, etc., and not exceeding eight (8) square feet in area;
   (f)   Signs in non-residential districts displaying only a street address and not exceeding two (2) square feet in area;
   (g)   Holiday decorations, excluding advertising, displayed for reasonable and customary durations of time;
   (h)   Vehicles regularly and customarily used to transport persons or property for a business;
   (i)   Works of art that do not include a commercial message; and
   (j)   Signs identifying the name and sponsoring agency of a children’s day care center, provided that no more than one (1) such sign is displayed at each such facility and that such sign does not exceed ten (10) square feet in surface area.
(Ord. No. 689-93. Passed 4-5-93, eff. 4-8-93)
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