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Except as otherwise provided in § 1294.05(e):
(a) Signs for which lighting or illumination is not prohibited may be illuminated with indirect lighting, neon or other gaseous-type tubes, incandescent lamps or luminous bulbs. The source of light shall not be visible from the street and shall be shaded to prevent the light from beaming onto adjacent properties or other rights-of-way. No flashing or revolving illumination shall be employed.
(b) Any business sign illuminated with electric lights, including neon or other gaseous-type tubes or incandescent lamps, erected within 100 feet of an intersection where an illuminated device has been provided for the control of traffic, shall not duplicate in the electric light of such sign any colors appearing in the traffic control signal.
(Ord. 74-O-128, passed 10-17-1974; Ord. 03-O-2067, passed 10-21-2003; Ord. 08-O-2489, passed 10-21-2008; Ord. 11-O-2664, passed 11-15-2011; Ord. 16-O-2895, passed 1-3-2017)
The Zoning Inspector or the Assistant Zoning Inspector may order any deteriorated sign to be painted or refurbished forthwith. All supports, guys, braces and anchors for such signs shall be maintained in a safe condition. The Zoning Inspector or the Assistant Zoning Inspector may order any such sign that is not so maintained to be removed pursuant to the provisions of § 1294.17.
(Ord. 74-O-128, passed 10-17-1974; Ord. 11-O-2664, passed 11-15-2011; Ord. 16-O-2895, passed 1-3-2017)
(a) Any sign existing at the time of enactment of this section shall be allowed to remain in its present form provided it is continuously maintained. If a change of ownership takes place, such signs may be re-lettered. However, physical changes in such signs, such as in the size and material of such signs, are not permitted. Where physical changes are desired, the form of such signs must be made to conform to this Zoning Code.
(b) Any sign now or hereafter existing which no longer advertises a bona fide business conducted shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found, within ten days after written notification thereof from the Zoning Inspector or the Assistant Zoning Inspector. Upon failure to comply with such notice within the time specified in the order, the Zoning Inspector or the Assistant Zoning Inspector is hereby authorized to cause the removal of such sign and any expense incident thereto shall be paid by the owner of the property on which such sign is located.
(c) If the Zoning Inspector or the Assistant Zoning Inspector finds that any sign or other advertising structure regulated under this chapter is unsafe or insecure, or is a menace to the public, or has been constructed or erected in violation of any of the provisions of this chapter, notice shall be given in writing by the Zoning Inspector or the Assistant Zoning Inspector to the owner thereof. If the owner fails to remove or alter the structure so as to comply with the standards set forth in this chapter within ten days after such notice, such sign or other advertising structure may be removed or altered to comply with this chapter at the expense of the owner of the property upon which it is located. The Zoning Inspector or the Assistant Zoning Inspector may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.
(Ord. 74-O-128, passed 10-17-1974; Ord. 79-O-441, passed 4-3-1979; Ord. 79-O-442, passed 4-3-1979; Ord. 11-O-2664, passed 11-15-2011; Ord. 16-O-2895, passed 1-3-2017)
Sign fees are as enumerated in § 1262.05.
(Ord. 74-O-128, passed 10-17-1974; Ord. 11-O-2664, passed 11-15-2011; Ord. 16-O-2895, passed 1-3-2017)
In addition to the building mounted signs permitted pursuant to § 1294.05 for each individual business located in the development;
(a) Permanent free standing signs, not to exceed three, near each arterial street on which a planned unit development plaza, mall or shopping center property has frontage are permitted, provided they are located within 25 feet of an approved entrance, and no closer than ten feet to an arterial street right-of-way line, and do not obstruct traffic visibility.
(b) Such signs located at the entrances shall have as the first words at the top the words “entrance” or “entrance to” which shall not be included in the calculation of permitted space.
(c) Such signs shall show the name of the development immediately under the words “entrance” or “entrance to”.
(d) The permitted sign face area for the name of the development may be one-half of the total front footage of the lot up to a 150 feet frontage (75 square feet maximum).
(e) Such signs may provide space for the names of individual business located in the development, subject to the following:
(1) The total space for individual business names shall not exceed 10% of the total space these businesses would otherwise be entitled to on individual tree standing signs.
(2) If individual business names are included on these signs, no other free standing sign is permitted on the property.
(3) If individual business names are included, no other information shall appear on these signs.
(f) Permissible space calculations shall apply only to one face of a double-faced sign, provided that both faces are identical.
(g) Individual business names may be separately illuminated and may be sectionalized to permit removal and replacement of names, provided that the construction is such that the entire sign appears to be one unit.
(h) Such signs shall conform to all regulations not conflicting with this section.
(Ord. 79-O-441, passed 4-3-1979; Ord. 03-O-2067, passed 10-21-2003; Ord. 11-O-2664, passed 11-15-2011; Ord. 16-O-2895, passed 1-3-2017)
(a) Standards for approval of a sign variance: The following factors shall be found by the Planning Commission of the city in determining practical difficulty or hardship:
(1) That the variance will not impair any of the regulatory purposes provided within this chapter;
(2) That special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning districts. Examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness, or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures, or conditions;
(3) That the variance is the minimum necessary to resolve the practical difficulties prompting the variance request;
(4) That the essential character of the neighborhood would not be substantially altered;
(5) That adjoining properties will not suffer substantial detriment as a result of the variance;
(6) That the variance would not adversely affect the delivery of governmental services such as public safety services response, or water, sewer, or trash pickup; and
(7) That the special conditions or circumstances on the property were not caused by the current owner who is requesting the variance.
(b) Variances shall not be granted where the special conditions and circumstances are the result of actions by the current owner of the property.
(1) Variance process: Authority to consider variance(s) from the terms of this chapter is granted to the Planning Commission.
(2) Pre-application meeting: The potential applicant may schedule a pre-application meeting with the Zoning Inspector or the Assistant Zoning Inspector. The purpose of this meeting shall be to review the applicant's sign plan and to explore options for the sign to conform to this chapter, without a sign variance. The Zoning Inspector or the Assistant Zoning Inspector may provide a written summary of the pre-application meeting and recommendations to the potential applicant. A potential applicant who does not schedule a pre-submittal meeting, or who does not follow said recommendations from such meeting, shall not be barred from applying for a sign variance.
(3) Submittal requirements: An application for a sign variance shall be filed on a form provided by the Zoning Inspector or the Assistant Zoning Inspector, and shall be accompanied by the following requirements:
A. Name, address, and phone number of applicant(s) and property owner;
B. Proof of ownership, legal interest or written authority;
C. Legal description of property or portion thereof;
D. Description of variance requested;
E. Narrative statements establishing and substantiating the justification for the variance pursuant to division (a) of this section;
F. Elevations and other drawings at a reasonable scale to convey the need for the variance;
G. Payment of the application fee; and
H. Any other documents deemed necessary by the Zoning Inspector or the Assistant Zoning Inspector.
(4) Preliminary review by Zoning Officials: Upon receipt of an application, the Zoning Inspector or the Assistant Zoning Inspector shall, within five working days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the Zoning Inspector or the Assistant Zoning Inspector shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. When the application is complete, it shall be placed, upon the Planning Commission's agenda.
(5) Notice to property owners: The applicant shall provide a list of the owners within 200 feet of the property for which the variance is requested to the Zoning Officials. Written notice of the public hearing shall be provided to all owners of property within 200 feet of the subject site, as measured from the boundaries of the lot on which the proposed sign would be erected. Such notice shall be sent, by the applicant by certified mail, to the owners at least seven days before the date of the hearing.
(6) Sign variance public hearing and notice: Within five working days of determining that an application contains all the necessary and required information, the application shall be placed upon the Planning Commission agenda for its next public meeting occurring not less than ten days after receipt of the completed application. The Planning Commission shall consider the sign variance application at a public hearing.
(7) Planning Commission hearing and recommendation: The Planning Commission shall review the application and recommend that the variance be granted as requested; be granted as modified by the Planning Commission; or be denied. The Planning Commission shall indicate the specific reasons(s) for its recommendation, including specific findings for each standard listed in division (a) of this section.
(8) Temporary sign while review pending: The applicant may erect a temporary sign while the sign variance application is pending before the Planning Commission. The temporary sign must conform to all other provisions of this title.
(9) No modification: There shall be no modification of variances except by further consideration of the Planning Commission.
(10) Expiration of the variance: If for any reason construction of a sign has not commenced, the variance shall expire six months from the date on which it was granted. Extension of variances, without modification, may be applied for prior to the date of expiration. Extensions, up to an additional six months, may be granted by the Planning Commission if it finds that the requested extension is consistent with the purpose, policies, and intent of this chapter. Requests for renewal of expired variances shall be considered to be new variance applications.
(Ord. 16-O-2895, passed 1-3-20117)
(a) Rules and regulations.
(1) The Zoning Inspector is hereby authorized to make and adopt such rules and regulations as may be necessary for the proper administration and enforcement of the provisions of the sign regulations, provided that such rules and regulations shall not be in conflict with the provisions, or intent of the sign regulations. The Zoning Inspector shall file a certified copy of all rules and regulations which he/she may adopt with the Clerk of Council. Such rules and regulations shall have the same force and effect as the provisions of the sign regulations.
(2) A copy of all rules and regulations adopted as provided herein shall be maintained by the Zoning Inspector at his/her main office, and any person having business therewith shall have access to the copy of all rules and regulations.
(b) Application for permanent sign(s). A permanent sign application shall contain such information as the Zoning Inspector deems reasonably necessary for a determination of compliance, or noncompliance with the sign regulations, and to assist enforcement thereafter. The applicant shall sign the application and each copy thereof, attesting to the truth and exactness of the information supplied.
(c) Application procedure for permanent sign(s), appeal.
(1) Applications shall be filed in such form and in such manner as the regulations require.
(2) Any applicant may appeal the failure or refusal to grant a permanent sign permit, or to recommend it to be granted upon terms and conditions acceptable to the applicant, to the Board of Zoning Appeals pursuant to the provisions of Chapter 1264.
(Ord. 16-O-2895, passed 1-3-2017)
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