(a) Purpose; Objectives.
(1) It is the purpose of this section to promote the public health, safety and welfare by establishing reasonable regulations governing the size, character and structural integrity of existing and proposed signs, billboards and other advertising structures within the Village.
(2) Specifically, this section is designed to accomplish the following objectives:
A. Reduce sign advertising distraction and obstructions that may contribute to traffic accidents, and reduce hazards that may be caused by signs adjacent to, overhanging or projecting over the public right-of-way;
B. Provide regulations which permit signs and other advertising structures of sufficient size, character and location to fulfill the users' communicative needs while prohibiting excessive structures and sign competition to depreciate the value of the street view of adjacent properties;
C. Protect the public safety by establishing performance standards for the structural members of signs or other advertising structures that will reduce the risk of fire, collapse or fragmentation; and
D. Protect the public safety by providing a mechanism for the inspection and removal of signs or the advertising structures which have become unsafe through inadequate installation or maintenance.
(b) Definitions.
(2) “Sign” means an object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.
(3) “Sign area” means the entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure.
(4) “Billboard” means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign in located.
(5) “Bulletin board” means a sign which identifies an institution or organization on the premises of which it is located and which contains the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.
(6) “Business signs” means a sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.
(7) “Construction sign” means a temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
(8) “Directional sign” means signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way", "entrance", and "exit".
(9) “Face of sign” means the area or display surface used for the message.
(10) “Flashing sign” means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
(11) “Free standing sign” means a sign supported by one or more upright poles, columns or braces placed in or on the ground and not attached to any building or structure.
(12) “Governmental sign” means a sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulations.
(13) “Identification sign” means a sign giving the nature, logo, trademark or other identifying symbol, address, or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.
(14) “Illuminated sign” means a sign lighted by or exposed to artificial lighting, either by lights on or in the sign or directed towards the sign.
(15) “Name plate” means a sign located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.
(16) “Pole sign” means a sign that is mounted on a free standing pole or other support so that the bottom edge of the sign face is ten feet (10') or more above the grade.
(17) “Portable sign” means any sign not permanently affixed to the ground or to a building, including any sign attached to or displayed on a vehicle that is used for the express purpose of advertising a business establishment, product, service or entertainment, when that vehicle is so parked as to attract the attention of the motoring or pedestrian traffic.
(18) “Projecting sign” means a sign that is wholly or partly dependent upon a building for support and which projects more than twelve inches (12") from such building.
(19) “Real estate sign” means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
(20) “Roof sign” means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.
(21) “Wall sign” means a sign fastened to or painted on the wall of a building or structure in such manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than twelve inches (12") from such building or structure.
(22) “Window sign” means a sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window.
(23) “Awning, canopy or marquee” means a sign painted, stamped, perforated or stitched or otherwise applied on the balance of an awning.
(24) “Off-premises sign” means a sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided at a location other than the premises on which the sign is located.
(25) “On-premises sign” means a sign that draws attention to or communicates information about a business, service commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided on the premises where the sign is located.
(c) General Provisions.
(1) The display of official public notices, such as the flag, emblem or insignia of any official governmental body shall not be governed by the provisions of these regulations.
(2) No sign shall be placed on or above any public right-of-way except publicly owned signs, such as traffic control signs and directional signs.
(3) No flashing signs shall be permitted. Light sources to illuminate signs shall be shielded from all adjacent residential buildings and streets. Signs shall not be illuminated so as to cause glare which could prove hazardous to pedestrians or drivers of motor vehicles.
(4) Banners, flags, pennants, search light, twirling signs, sandwich board signs, sidewalk or curb signs, balloons or other gas-filled figures shall not be used on a permanent basis more than one week in a one year period.
(5) The tacking, pasting or otherwise affixing of signs of a miscellaneous character, visible from a public way located on the walls of buildings, barns, sheds; on trees, poles, fences or other structures, is prohibited unless otherwise permitted by this section.
(6) No sign shall be permitted which is placed on any curb, sidewalk, post, pole, electroiler, hydrants, bridge, tree or other surface located on public property or over or across any street or public thoroughfare, unless expressly authorized by provisions of this section.
(7) Billboards and portable signs shall not be permitted in any zoning district, except as a conditional use where permitted in B & M Districts. Temporary free standing signs, such as, but not limited to “A” frame or trailer-based signs, shall be permitted in business districts for up to thirty days from the date of opening of new businesses, provided that they do not constitute a traffic hazard or violate any other section of the Delta Zoning Code.
(d) Abandoned Signs. Except as otherwise provided in this section any sign that is located on property which becomes vacant and is unoccupied for a period of thirty days or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business, shall not be deemed abandoned unless the property remains vacant for a period of three months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises.
(e) Dangerous or Defective Signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him, any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the sign or the owner of the premises.
(f) Nonconforming Signs.
(1) Subject to the remaining restrictions of this section, nonconforming signs that were otherwise lawful on the effective date of this section may continue to be used until they are otherwise removed for any reason.
(2) No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. No nonconforming sign may be illuminated.
(3) A nonconforming sign may be moved or replaced in order to bring the nonconforming sign into complete conformity with this section.
(4) If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed or replaced except in conformity with all the provisions of this chapter, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign is "destroyed" if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the value (tax value if listed for tax purposes) of the sign so damaged.
(5) The measure of a nonconforming sign may be changed so long as this does not create a different violation of this chapter (for example, by creating an off-premises sign under circumstances where such a sign would not be allowed).
(6) Subject to the other provisions of this section, nonconforming signs may be repaired and/or renovated provided the cost of such work performed within any twelve month period does not exceed fifty percent (50%) of the tax value as listed in the office of the Auditor of Fulton County, Ohio, for such sign.
(7) If a nonconforming sign, other than billboard advertising a business, service commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall be removed within thirty days after such abandonment by the sign owner, owner of the property where the sign is located, or other party having control over such sign.
(8) If a nonconforming billboard remains blank for a continuous period of 180 days, that billboard shall be deemed abandoned and shall, within thirty days after such abandonment be altered to comply with this section or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign. For purposes of this section, a sign is "blank" if:
A. It advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted; or
B. The advertising message it displays becomes illegal in whole or substantial part; or
C. The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.
(g) Setback and Height.
(1) All signs shall be located ten feet (10') behind the established right-of-way line of any street or highway.
(2) Signs and advertising structures where permitted shall be erected or placed in conformity with the side and rear yard setback requirements of the district in which located except no sign or advertising structure shall be erected or placed closer than within fifty feet (50') to a side or rear lot line in any "R" District.
(3) No sign otherwise permitted shall exceed the maximum height limitations of the zoning district in which located.
(h) Residential. Signs in residential areas are prohibited, except as follows:
(1) Signs not exceeding 25" x 32" in area that are customarily associated with residential use and that are not of a commercial nature, such as signs giving property identification, names or numbers or name of occupants, signs or mailboxes or newspaper tubes and signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.
(2) Church bulletin boards, church identification signs and church directional signs that do not exceed one per abutting street and thirty-five (35) square feet in area.
(3) Signs at any entrance to a residential subdivision or multi-family development. There may be not more than two signs identifying such subdivision or development. A single side of any such sign may not exceed sixteen (16) square feet, nor may the total surface area of all such signs located at a single entrance exceed thirty-five (35) square feet.
(4) Signs advertising real estate for sale, rent or lease are permitted in all districts when located on the building or land intended to be sold, rented or leased, provided they are used only during the construction of a building or buildings or the offering for sale, rent or lease of real estate. Temporary subdivision signs not exceeding one hundred (100) square feet in area may be permitted subject to their approval by the Board of Zoning Appeals for a twelve month period, subject to renewal, providing such signs conform to the conditions established by the Board of Zoning Appeals.
(5) For permitted principal uses other than dwellings and for conditionally permitted uses, one bulletin or announcement board not exceeding thirty five (35) square feet in area upon the premises wherein a building is properly used other than as a dwelling either through nonconforming use or a conditionally permitted use. Signs so permitted shall not be located nearer to the front lot line than one-half the required front yard setback nor nearer the side lot line than the required side yard setback.
(6) In a Multiple-Family Residential District, one ground or wall sign indicating the name of the multiple housing development which shall be in addition to individual dwelling name plates. Such signs shall not exceed thirty-five (35) square feet in area.
(i) Commercial and Industrial Signs.
(1) All signs shall comply with the appropriate detailed provisions of the Ohio Basic Building Code relating to design, structural members and connections. Signs shall also comply with the provisions of the applicable Electrical Code and any other additional construction standards hereinafter set forth.
(2) No temporary or permanent signage shall be permitted to be placed off- premises.
(3) In the case of a corner lot situated on two or more streets, signs may be permitted on each street.
(4) Only one ground or pole sign shall be permitted on any lot, except that a shopping center shall be permitted one ground pole sign for each major thoroughfare frontage, provided, however, there shall be allowed one business or identification sign not exceeding one foot by four feet and attached to the pole sign for each business within the shopping center.
(5) Each business occupancy, other than the ground floor, shall be entitled to one additional business or identification sign of the wall or flat type or incorporated within a permitted projecting sign.
(j) Permitted Signs and Restrictions by Structural Type.
(1) Wall signs.
A. Wall signs which are mounted on the principal frontage of a building may be only on-premises signs.
B. The maximum projection from the building facade of any wall sign which is set less than ten feet (10') above the adjacent sidewalk or street grade is nine inches. Wall signs mounted with a minimum clearance of ten feet above the adjacent sidewalk, or fourteen feet (14') above a driveway on which it projects, may project up to twelve inches (12') from the facade on which it is mounted. The minimum distance of wall mounted signs from an adjacent store front is two feet (2').
C. No part of any wall sign shall extend beyond the roof line of the building on which it is erected or painted.
D. The maximum sign area in square feet for a wall sign may be calculated by multiplying the linear foot frontage of the principal facade of the building by 1.5 square feet. If the building has a secondary frontage, a second sign of equal area may be placed thereon.
(2) Canopy signs, above canopy signs, pendant signs.
A. Canopy signs which are mounted on top of canopy structures attached to the building may be only on-premises signs, whether on the principal or secondary frontage.
B. The canopy to which the sign is attached may not project closer than one foot to the curb line of the adjacent sidewalk or walkway. If the canopy projects over a driveway or other area used by vehicles, the minimum vertical clearance of the lowest portion of the canopy shall be fourteen feet (14'). The minimum vertical clearance of the lowest portion of the canopy above the sidewalk grade is ten feet (10'). No part of any above canopy mounted sign shall project forward of the canopy's front horizontal support.
C. No above canopy mounted sign shall extend above the roof line of the building to which it attached.
D. The maximum sign area in square feet for any canopy sign may be calculated by multiplying the linear foot frontage of the principal facade of the building by 1.5 square feet. If the building has a secondary frontage, a second sign of equal area may be placed thereon.
E. Pendant signs or those which hang below canopies shall be mounted so as to remain rigid in their position. Pendant signs shall be mounted only within the confines of the frontage of the building they advertise. There shall be a minimum vertical clearance of nine feet (9') measured from the lowest portion of the sign to the sidewalk grade immediately below where the sign is attached.
(3) Projecting signs.
A. Projecting signs may be constructed only on the premises advertised or where the goods and services they advertise are available. Only one projecting sign may be erected on each building facade which faces a public right-of-way.
B. The minimum clearance above the sidewalk of the lowest horizontal surface or point on the sign, including structural trim shall be ten feet (10'). If the projecting sign overhangs a driveway or other area used by vehicles, the minimum clearance above grade shall be fourteen feet (14').
C. No projecting sign shall extend from the facade or corner of a building to the extent that its farthest extension is closer than two (2) linear feet from any point along the curb line. The maximum projection permitted is limited to one inch (1") for each linear foot of building frontage, but in no case more than six feet (6'). No part of any projecting sign may extend above the roof line of the structure to which it is attached.
(4) Marquee signs.
A. Marquee signs are a form of projection signs, with special regulations as set forth in this subsection.
B. Marquee signs shall be subject to the requirements applicable to projecting signs, except that marquees, regardless of the frontage of the principal structure on which they are erected, may project from the building facade up to, but no closer than two (2) linear feet from any point along the curb line of the adjacent sidewalk.
C. The maximum length of a marquee's longest dimension parallel to the building frontage shall be calculated by multiplying the linear length of the building frontage by one-half.
D. The maximum sign area permitted for the front and side areas of a marquee shall be determined by multiplying five (5) square feet by the linear distance around the perimeter of the base formed by the marquee's three exposed sides.
(5) Ground signs.
A. Ground signs shall be permitted only on-premises, that is, on the premises they advertise or on the premises of their owner.
B. Where the premises have frontage on more than one public right-of- way, one ground sign shall be permitted for each street frontage.
C. Ground signs shall not exceed five feet in height. Ground signs shall have a linear width not greater than the sum of the linear frontage on which the sign is to be placed multiplied by 1.5.
D. The setback for ground signs shall be a minimum of ten feet (10') from the existing right-of-way line for streets. No part of any ground signs shall be located closer than five feet (5') to any point at which any private road or driveway intersects a public right-of- way.
E. The groundscape around the base of ground signs shall be kept clean of noxious weeds and litter by the owner of the property on which the sign is located.
(6) Free-standing signs.
A. Free-standing signs may be on-premises, placed in zones where they are otherwise permissible.
B. One on-premises sign may be erected along each right-of-way on which the premises have street frontage.
C. If the erection of free-standing signs is permitted in a zoning district, the minimum spacing interval required between each free- standing sign, or any part thereof, facing in the same direction on the same right-of-way is one hundred fifty feet (150'). A minimum spacing of one hundred feet (100') shall be required between free- standing signs on the same right-of-way facing in opposite directions.
D. No free-standing sign or any part thereof may encroach on the public right-of-way.
E. The setback for a free-standing sign shall be a minimum of ten feet (10') from the existing right-of-way line. No part of any freestanding sign shall be located closer than ten feet (10') to any point at which any private road or driveway intersects the public right-of-way.
(7) Pole sign.
A. Pole signs are a form of free-standing mounted on one or more poles with the base of the sign structural trim a minimum of ten feet (10') above the adjacent sidewalk or street grade. Signs of a similar structural type which are elevated below the minimum clearance, and not otherwise classified as billboards, shall be regulated as ground signs.
B. The maximum height for pole signs is determined by the district regulation, and its maximum length on any horizontal or vertical side is twenty feet (20').
C. The maximum sign area for the face of a pole sign shall be related to the right-of-way frontage on which it is placed. The maximum sign area shall be determined by multiplying the linear front footage on which the sign is placed by one and one-half (1.5) square feet, but in no case may the sign area of a pole sign exceed two hundred fifty (250) square feet. Single or double facing may be placed on pole signs up to the maximum sign area permitted on the premises for each face of the sign. If the pole sign is a multi-prism sign having more than two sides, the total sign area shall be distributed over the multiple sign faces.
(8) Roof signs.
A. Roof signs which are fabricated and attached as independent accessory structures to the roof, and which protrude perpendicular from the surface of the roof more than twelve inches (12") and interfere with aerial and roof fire-fighting efforts of the Fire Department are hereby prohibited as a public nuisance.
B. Permitted roof signs, whether painted or attached as independent accessory structures consistent with the constraints of subsection (j)(8)A. hereof, shall be permitted to a maximum sign area of 1.5 square feet for each linear foot measured along the base of the roof on which the sign faces. (Ord. 99-2. Passed 3-1-99.)