1111.08  SIGNS.
   (a)   Purpose and Intent:  It is the intent of this Section to establish reasonable regulations governing the size, character and location of signs within the incorporated area of the City of Eaton, in the interest of safety and general welfare of its citizens, business concerns and other affected sectors of the City.  It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the City, and preserve the scenic and natural beauty of designated areas.  It is further intended to reduce sign distractions and sight obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights of way, provide more open space, and curb the deterioration of the natural environment and enhance City development in such a way as to support and complement the land-use objectives set forth in this UDO. 
   (b)   Scope of Regulations: 
      (1)   Applicability: The regulations set forth herein shall apply to and govern signs in all districts.  No sign shall be erected or maintained unless it is in compliance with the regulations governing location and bulk of structures for the district in which it is located, unless such sign is otherwise specifically regulated by a conditional use provision or provisions relating to variances.
      (2)   Nonconformities: Any sign already established on the effective date of this UDO and which sign is rendered nonconforming by the provisions herein, and any sign which as a result of subsequent amendments hereto, shall be rendered nonconforming and shall be subject to the regulations of Section 1113.04.  The Appeals Board shall determine at public hearing when a sign is abandoned, as is provided for in Section 1111.08(l).
      (3)   Variances:  Except as to premises located in the Historic District, variances to this Section may be considered by the Appeals Board. Variances for premises within the Historic District may be granted by the Appeals Board, upon recommendation of the Historic District Review Board.
   (c)   Permit Required:
      (1)   All temporary and permanent signs to be erected, placed, constructed or modified within the City limits, except those specifically excluded herein, shall require a permit before work is initiated. 
      (2)   In order to defray the cost of examination of plans and inspections, an applicant for a sign permit shall pay a fee in accordance with Section 1105.09.
      (3)   Applications: Applications for sign permits shall contain the following information:
         A.   Two copies of plans and/or blueprints to scale of signage including details of fastenings, lighting and any lettering, symbols or other identification which will be on the sign.
         B.   A site plan of a proposed ground sign location showing the distance from the public right-of-way and relationship to access drives, parking areas and buildings or a facade elevation of proposed wall or window signs showing the height and proportions of the sign.
         C.   Any information peculiar to a particular sign application that is necessary to uphold the provisions of this Section.
   (d)   Administration:
      (1)   The Zoning and Building Official shall regulate and enforce the requirements of this Section, and shall be in charge of issuing all sign permits, both temporary and permanent, except for permits for permanent signs in the Historic Overlay District, as outlined below.
      (2)   No sign, except for municipally owned signs and signs authorized by the City Manager for community events and programs which are sponsored by nonprofit, public, educational, religious and charitable organizations, shall be placed in, on or above the public right-of-way including on utility poles.  The Zoning and Building Official or his designee may effect removal of any sign illegally placed within the right of way of any road within the City.  The Zoning and Building Official shall maintain said sign for five (5) days.  If the owner fails to contact the Zoning and Building Official or claim the same sign within five (5) days, said sign may be destroyed.
   (e)   Signs in the Historic Overlay District:
      (1)   The Zoning and Building Official shall be in charge of issuing permits for temporary signs in the Historic Overlay District.
      (2)   Applications for permanent signs in the Historic Overlay District must be submitted to the Historic District Review Board, who upon approval or denial shall forward its decision to the Zoning and Building Official.  The Board shall have the right to approve, approve with modifications or disapprove the application. 
         (Ord. 05-16.  Passed 11-7-05.)
      (3)   Upon denial or approval with modifications, the applicant shall have the right to appeal the decision of the Historic District Review Board to the Appeals Board within thirty (30) days. 
      (4)   Permits for permanent signs subject to the approval of the Historic District Review Board and appeal to the Appeals Board shall not be issued until such approval, by the Board or approval by the Appeals Board upon appeal, is certified to the Zoning and Building Official.
         
   (f)   Measurement:
      (1)   Sign area shall include the face of all the display area of the sign not Including the bracing, framing and structural supports of the sign, unless such support members are made part of the message or face of the sign or are determined by the Zoning and Building Official to be intended solely to make the sign more visible rather than serving any aesthetic or structural purpose.  For internally illuminated signs or internally illuminated canopies or marquees, the entire lighted surface shall be considered the sign area.  The lighted surface area of internally illuminated canopies of marquees is counted as signage regardless of whether it contains graphics.
         (Ord. 08-08.  Passed 8-18-08.)
      (2)   Where a sign has two or more display faces, the area of all faces of the sign shall be included in determining the area of the sign unless two display faces join back to back, are parallel to each other and not more than twenty four (24) inches apart, or form a V-angle of less than forty-five degrees (45°).  For spherical signs, the sphere shall be dissected by an imaginary line through the center of the sphere and the surface area of the half sphere shall be counted as the sign face.  For cubical signs, the area of all display faces shall be included in determining the area of the sign.
      (3)   The area of letters, numbers or emblems mounted on a building wall or wall extension shall be computed by enclosing such sign with the smallest single continuous perimeter around the letters, numbers or emblems and determining its area.
      (4)   The term “lot frontage” as used in calculating ground signs shall refer to the dimension of the lot along the street.  The term “building frontage” as used in calculating wall signs shall refer to the building wall dimension facing the street or parking lot.
      (5)   For structures and uses having no direct frontage on public roads, as within shopping centers, frontage shall be counted as the intersection of the building line onto adjacent drives or parking areas.
   (g)   Signs Which Do Not Require A Permit:  The following signs may be erected without a permit:
      (1)   Business Flags:  Business flags, not exceeding two per parcel and displaying the corporate or business emblem or seal, may be displayed if flown on a vertical staff or pole and in conjunction with the national flag.  Such business flags shall be flown on the same staff or pole and below the national flag or on a separate staff or pole at a lower level than the national flag if such separate staff or pole is not in front of the national flag.  The business flag shall not be larger than the national flag and in no instance exceed three (3) feet in width or five (5) feet in length.  The business flag shall not display a product and shall contain no advertising copy.  Business flags does not include international flags.
      (2)   Changeable Copy Sign Messages: Messages displayed upon approved Manual Changeable Copy Signs may be changed without permit.
      (3)   Community Events: 
         A.   Signs for community events and programs which last for a time period of thirty- (30) days or less and which are sponsored by nonprofit, public, educational, religious and charitable organizations.  Signs may be displayed during the event for a period of thirty (30) days immediately preceding the commencement of the event.  One sign may be located at the site of the event, provided it does not exceed thirty-two (32) square feet in size.  All off-site signs must be located on private property with the permission of the property owner, and may not exceed sixteen (16) square feet nor six (6) feet in height, except that eight (8) signs no larger than thirty-two  (32) square feet shall be permitted.  Signs shall not be illuminated, and shall not create a safety or visibility hazard, nor be affixed to any public utility pole or tree or be located within a public right-of-way.  Each sign shall be placed at a different site and shall be removed not later than forty eight (48) hours after the scheduled activity. 
         B.   If the program or event is for a continuing period of time in excess of thirty- (30) days, only one sign, not larger than ten (10) square feet, is permitted and such sign must be located either at the site of the event or program or at the location of the sponsoring organization, unless otherwise approved by the Zoning and Building Official.
      (4)   Construction Signs:  Construction signs which display the identification of the contractors, architects and other construction principals and temporary development signs which shall include signs indicating or promoting the development of land, facilities, or structures.  Construction and/or development signs shall not be illuminated.  No more than one such sign shall be permitted per street frontage and such signs shall be installed on the property to which they refer.  For sites having at least one hundred (100) feet of frontage on each of two public rights-of-way, a second sign may be permitted facing the second right-of-way if both signs comply with UDO requirements.  The two signs shall be no closer than seventy-five (75) feet.  The distance shall be measured by drawing two straight lines from the edge of each sign, forming a 90 degree (90°) angle.  Such signs shall be limited to thirty-two (32) square feet and eight (8) feet in height.  They shall be placed at least ten (10) feet from any public right-of-way.  In residential subdivisions, development signs must be removed when seventy five percent (75%) of the lots in the first subdivision phase have received any certificate of occupancy or the permanent subdivision sign has been erected.  For other than single-family residential development, development signs must be removed when more than fifty percent (50%) of the space is rented, sold or leased.  For construction signs in developed residential neighborhoods, such sign shall be limited to six (6) square feet and must be removed upon completion of construction or the commencement of occupancy, whichever event occurs first.
      (5)   Directional Signs:  On-site directional signs indicating points of entry or exit for a facility or off-street parking area, provided such signs are limited to a maximum of two square feet in area and three feet in height and do not interfere with safe vehicular or pedestrian traffic circulation and are not located within the clear sight distance triangle.  No more than two such signs are allowed per vehicular access point.  Such signs may contain information such as “in,” “enter,” “entrance,” “out,” “exit,” “do not enter,” or similar language as approved by the Zoning and Building Official or his designee or arrows indicating desired traffic movement.  Such signs may not contain advertising, including logos, and must be of a rectangular shape.  Such signs must be on the property to which they refer and may not be placed within a public right-of-way.  Private traffic and on-site Directional Signs are excluded from total sign count.
      (6)   Garage Sale Signs:  A sign which advertises the sale of personal property such as a garage, yard, porch or moving sale sign provided that it is limited to one sign, not greater than four (4) square feet in size and which sign is located on the sale premises for a time period not greater than two (2) consecutive days.  Such signs shall not be located in a public right-of-way.
      (7)   Identification Wall Signs:  Signs, in all districts except for the Historic District, up to a maximum of two (2) square feet in size and mounted or attached flat or parallel onto a building face of an administrative, business or professional office building which denotes the name and address of an occupant in a building where more than one tenant is located and which has individual and separate entries.
      (8)   Informational Window Signs:  Informational window signs that are limited in size to four (4) square feet per sign.
      (9)   Memorial Signs:  Signs, in all districts except for the Historic Overlay District, which are in the nature of cornerstones, commemorative tables, tablets, grave markers, headstones, statuary, remembrances of persons or events, or historical signs, provided that such signs are less than nine (9) square feet in size and not illuminated and are noncommercial in nature.
      (10)   Menu Boards:  Menu Boards, provided such signs are oriented solely for the use of patrons utilizing the drive-thru and are not intended to be visible from adjacent property or the right-of-way.
      (11)   Nameplate Signs: For Home Occupations Type A (See Section 1113.03) a sign indicating the name, address and profession of the person or persons residing on the premises, or legally occupying the premises, or indicating a home occupation legally existing on the premises in a residential district structure shall be permitted.  Such sign shall be attached flush to the building and shall not exceed two (2) square feet in area.
      (12)   Political Signs:  Political signs or posters concerning candidates for elective office or public issues to be decided by public election may be displayed on private property, with the permission of the owner, provided that any such sign shall be removed no later than seven- (7) days after said election.  Such signs shall not exceed six (6) square feet in any residential district and/or the Historic Overlay District, and sixteen (16) square feet (single faced) in other districts, and shall not exceed six (6) feet in height.  Signs shall not be illuminated; and shall not create a safety or visibility hazard, nor be affixed to any public utility pole or tree or be located within a public right-of-way.  In no event may such a sign remain in place for more than two (2) months prior to the date of the election to which it refers; except that beginning the first day of the Preble County Fair, signs may be displayed for a ten (10) day period.  This Section is not applicable to political campaign headquarters signs, which shall require a temporary sign permit.
      (13)   Property Signs:  No trespassing signs or other such signs regulating the use of property, such as” beware of dog,” or “no hunting,” etc., of no more than two (2) square feet in size.
      (14)   Public:  Sgns required or authorized for a public purpose by any law, statute or ordinance, such signs to include traffic control devices provided that such signs contain no supplementary advertising, and any identification of display of any official court or public office notices thereof, or any flag, emblem, or insignia of a nation, political unit, school or religious group.
      (15)    Real Estate Signs:
         A.   Signs that indicate the sale, rental or lease of a particular residential structure or single- or two-family residential land area, to be limited in size to six (6) square feet, with one sign allowed per street front, except that a corner lot may have one such real estate sign per street front.  Such signs shall not be located in a public right-of-way, and shall not be illuminated.  Signs advertising a single- or two- family residential structure or land area must be removed within fourteen (14) days after the sale, rental, or lease has occurred.
         B.   Signs that indicate the sale, rental, or lease of a particular residential or non-residential undeveloped parcel over three (3) acres in area, multi-family, commercial structure or industrial land area, to be limited in size to sixteen (16) square feet in area and eight (8) feet in height, with one  sign allowed per street front.  They shall be placed at least ten (10) feet from any public right-of-way, and shall not be illuminated.  Individual tenant spaces within a parcel are allowed a window or wall sign.
      (16)   Residential:  Address and name of occupant of premises for a residential structure, not including designations as to employment or home occupation and to be limited in size to two (2) square feet.
      (17)    Security Signs: A sign indicating that the property is protected by a security surveillance system of any nature.
      (18)   Temporary Holiday Signs/Decorations:  Signs clearly in the nature of decorations customarily associated with any national, local or religious holiday, to be limited to sixty (60) days in any one (1) year and to be displayed not more than sixty (60) consecutive days.  Such signs must meet the sign area limitations of the applicable zoning district.  Such signs may be illuminated provided that safety and visibility hazards are not created.
      (19)   Temporary Window Signs:  Temporary window signs that are limited in size to twenty-five percent (25%) of the window area in which it is placed, and which are not illuminated.  Such signs may be placed only in ground floor windows where no other temporary signs are placed and be limited to only one sign per window.  Such signs may be displayed not more than one hundred twenty (120) days per calendar year if they indicate or promote special sales or special occasions.  The date upon which a temporary window sign is first displayed shall be legibly marked on the sign.  It will be assumed that a sign has been displayed continuously from the date marked.  Merchandise may be displayed within individual store display windows.
   (h)   Temporary Signs and Temporary Sign Permits:
      (1)   General Restrictions for Temporary Signs:
         A.   All temporary signs must be issued permits, in accordance with this Section, before they may installed, erected, constructed or otherwise displayed.
         B.   All temporary signs shall be located at the site or location of the event being promoted or of the headquarters for the sponsoring.
         C.   The date upon which a temporary sign is first displayed shall be legibly and permanently marked on the sign.
      (2)   Professionally printed advertising banners, temporary wall signs and pennants less than sixteen (16) square feet are permitted provided that they are attached at each corner, point and/or end so as to prevent movement.  Banners may be attached to ground signs within the frame, provided that they are attached at each corner, point and/or end so as to prevent movement.  Streamers are prohibited.  Only one banner is permitted per establishment.  No business shall display such signs for more than sixty (60) days within one calendar year per location.  The date each sign is first displayed and the time period for which the sign will be displayed shall be legibly marked on the sign.  The area of each banner shall not count toward the maximum sign area as specified in this Section.
      (3)   Portable signs, “A” or “T” frame signs, windblown, which can be moved from one location to another without any change in its structural components or members, including trailer signs, are prohibited.  Portable signs are permitted in the Historic District, provided such signs comply with the Downtown Design Guidelines.
      (4)   Political campaign headquarters signs shall require a temporary sign permit and must meet the requirements of the zoning district in which the headquarters is located.
      (5)   The use of any inflatable signs, air activated attraction devices, beacons and searchlights is prohibited, except by special permit for specific events not to exceed ten (10) days in any twelve-month period.
   (i)   Permanent Signs: All permanent signs shall require a permit.  Permitted permanent signs shall be classified into one of the seven following types: canopy/marquee signs, ground signs, monument signs, projecting nameplate signs, wall signs, window signs, and shingle signs.
(Ord. 05-16.  Passed 11-7-05.)
      (1)     Canopy/Marquee Signs: Canopy or marquee signs may be painted on an area or attached to a canopy or marquee, provided that no part of any such sign may extend above the roofline, canopy or marquee.  Canopy or Marquee signs shall be limited to Business signs or Identification signs.
         (Ord. 08-08.  Passed 8-18-08.)
      (2)   Ground Signs:
         A.   Ground Signs as Permanent Residential Subdivision or Planned Unit Development Identification Signs: Ground signs may be erected at the entrance of any subdivision, PUD, PCRDs, condominium development, or other similar development, provided the location, height and other characteristics of the sign meet the regulations of this section. Only one ground sign per street front will be permitted for any such development.  Ground signs shall be permanently and securely anchored to the ground, and shall be flush with the base, which shall be of brick or concrete.  Ground signs shall not exceed four (4) feet for the actual sign together with two (2) feet of mounding, for a total height of six (6) feet in height from the ground to the top of the sign, as measured from the grade.
         B.   Such identification shall be limited to ground mounted signs or graphics only, for example, with placement on a brick wall, entrance columns on each side of a street or on a similar architectural or landscaping entrance feature that may be used.  The reverse sides of identification features shall be finished to match the fronts.  Pole type signage is hereby prohibited.  Sign copy shall be limited to the name and logo of the subdivision or development.  One manual changeable copy sign is permitted per entrance.  Manual changeable copy signs are to be mounted on the rear of an entrance feature.  Maximum area for residential manual changeable copy signs is four (4) square feet.
         C.   Such identification features may not be located in the public right-of- way.  Under no circumstances shall such feature be located in the tree lawn nor the clear sight, nor impair the future utilization or expansion of public streets.
         D.   The maximum area for such identification is thirty (30) square feet at any one entry location, unless otherwise approved by Planning Board as a part of its approval, or recommendation for approval, of the subdivision, PUD or development. 
         E.   A maximum of one permanent residential subdivision identification sign is permitted on each side of the street at each entry location to a development.
         F.   No part of any such sign shall be in the right-of-way of the intersecting street.
         G.   Applications for permanent subdivision identification signs must demonstrate provisions for future maintenance and maintenance easements at the time of final platting.  Written consent of the property owner of each proposed sign  location shall be submitted with each permit application.
      (3)   Monument Signs:
         A.   Monument signs may be erected on a lot, provided the location, height and other characteristics of the sign meet the regulations of this section.  Monument signs shall be permanently and securely anchored to the ground, and shall be flush with the base, which shall be of brick or concrete or otherwise enclosed.  Monument signs shall not exceed eight (8) feet in height from the ground to the top of the sign, and such height shall be measured from the grade and not any mounding around the sign.  Monument signs shall be limited to Business signs or Identification signs.
         B.   No monument sign shall be erected so as to obstruct free access to or egress from any building.
         C.   Inside the fire limits, no monument sign shall be constructed of combustible materials, except ornamental features.  Outside the fire limits, the structural frame of monument signs shall not be erected out of combustible materials.
         D.    No person shall place or cause to be placed any monument sign within any City right-of-way.
         E.    Monument signs shall be anchored to a minimum depth of thirty-two (32) inches.
         F.   A monument sign shall only advertise matters that are the business, name or identity, address and/or activity of the establishment in front of whose property such sign is located, whether through logo, type, graphics or other symbols.
         G.   All changeable copy signs shall be monument signs.
         H.   No monument signs within the C-3 and/or the Historic Overlay District shall be internally illuminated.
      (4)   Projecting Nameplate Signs:
         A.   Projecting nameplate signs shall not exceed twelve (12) square feet in size, shall be placed not less than eight (8) feet above the sidewalk or ground level, and shall not project more than four (4) feet outward from the building face.  Projecting nameplate signs shall be limited to Business signs and Identification signs.
         B.   Projecting nameplate signs shall only be used by a business having its own separate and individual entrance which is located in a building having no front yard, or that is used by a number of businesses which share a common entry way in a building with no front yard, and whose nameplate identifies the name and/or street address of the building, and not the names of the individual businesses.
      (5)   Shingle Signs: 
         A.   Shingle signs shall be limited to Identification signs, exceeding not more than two (2) square feet in area and shall denote only the name, occupation of the professional occupant of the building, and shall not be illuminated.
         B.   The entire sign, including the poles, shall not exceed four (4) feet in height from the ground to the top of the sign or structure.  Such signs shall be measured from the grade, not any mounding.
         C.   Such signs may be used by Home Occupation Type B’s, as Identification signs, where approved by the Planning Board.
      (6)   Wall Signs:  Business or identification signs may be erected on a building wall or extension of a building wall which faces a street, parking lot or service drive, and such sign may not extend beyond any building setback lines.  Wall signs shall be attached parallel to the building face and extend outward perpendicular from the building face a maximum of ten (10) inches, except as otherwise provided herein.
      (7)   Window Signs:  Permanent window signs shall be limited to signs denoting the identification of the occupant, the address of the premises and its use.  Except for the Historic District where a business does not occupy first floor space, such signs shall be limited to use solely on the ground or first floor.
   (j)   Requirements Applicable to All Permanent Signs: The following general requirements shall apply for characteristics of permanent signs:
      (1)   Illumination:  Illumination of signs shall be permitted in all districts, except residential districts, or as otherwise provided in this Section.  Illumination shall be from a concealed or indirect light source and shall not flash, blink, fluctuate, travel, revolve, move or in any manner fail to provide constant illumination and shall not create a hazard or visibility problem or interfere with or impair vehicular movement on any street from which the sign may be viewed.  Illuminated signs shall be constructed and maintained so that the source of illumination is shielded or otherwise prevented from beaming directly onto adjacent properties or streets.
      (2)   Animation, mechanical or electronic changeable copy signs and moving signs:  Subject to the limitations stated herein for specific sign types, the Planning Board may approve a changeable message sign, including such signs changed by electronic means, as part of any freestanding sign type permitted by this Ordinance, and subject to such operational restrictions as the Planning Board may determine are appropriate, including frequency of message change.  In determining the appropriateness of such operational restrictions, the Planning Board shall consider the nature and character of the uses surrounding the sign location, and traffic volume and speed within the area that the sign would be visible. Electronic changeable message signs shall not be permitted in the Historic District, unless approved by Council.
      (3)   Manual changeable copy signs:  Manual changeable copy signs shall be permitted on monument and ground signs only.  Manual changeable copy signs shall comprise no more than one-third (33.3%) of the total area of the sign per side, or ten (10) square feet per side, whichever is more, and shall comply with the maximum height standards specified in this Section, and shall be an integral part of the sign.  In residential districts, the C-3 District, and the Historic Overlay District, manual changeable copy signs shall not be internally illuminated and may be illuminated only between 8:00 a.m. and 8:00 p.m., unless otherwise permitted by Planning Board.
      (4)   Pennants, streamers, etc.:  No sign shall contain or consist of banners, pennants, ribbons, streamers or similar moving devices.
      (5)   Construction:  The construction of all signs, including any electrical wiring necessary for the operation of illuminated signs shall conform to the specifications of the Ohio Building Code.  All signs shall be adequately maintained and shall not constitute a safety hazard.  The sign faces of a sign shall be kept neatly painted or posted at all times and, where applicable, shall be painted or replaced with blank panel(s) when copy is removed.
      (6)   Location:  All permanent signs shall be located on the site being promoted, identified or advertised.  Off-premise signs are prohibited.  In no case shall any part of a sign be placed in, over, or extend onto any public right-of-way, except for projecting nameplate signs on lots where no front yard exists and for publicly owned signs such as traffic control and directional signs.  In no case shall any part of a sign be placed in, over or extend above the roof line of any structure.
      (7)   Maximum number, height, and area of signs:  In addition to placement of signs, the heights, area and number of permitted signs allowed per use or lot shall be regulated by districts and uses as listed under the regulations of this Section.  The height of monument signs and ground signs shall be measured from the established grade, and no mounding shall be used to increase the height of a sign.
      (8)   Joint identification signs:
         A.   Joint identification signs shall be limited to wall signs or monument signs, and to premises where there are two or more uses located on a property having frontage on at least one public street. 
         B.   If the property fronts on one street, only one joint identification sign is permitted. 
         C.   A second joint identification sign is permitted if the property fronts on two streets, provided that the frontage for each street is not less than one hundred (100) lineal feet.  Additionally, a second joint identification sign may be permitted in the Historic District if the premises has pedestrian access open to the public from parking facilities both in the front and in the rear of the property. 
         D.   The size of a joint identification sign shall not exceed a total of twenty-five (25)square feet nor shall less than four (4) square feet be utilized by any one occupant of the property.
      (9)   Billboards.  Billboards are prohibited.
      (10)   Pole Signs.  Pole signs are prohibited.
      (11)   Roof signs.  Roof signs are prohibited.
TABLE 13:  Signs in Residential Districts
 
Residential: R-1, R-2 & R-3
Sign Type
Per Unit
Per Building
Per Street Front
Maximum Height (Ft.)
Maximum Sign Area
Minimum Setback from Right-of- way
Shingle†
1
---
---
4
2 sq. ft.
10 *
Wall†
1
---
---
2 sq. ft.
---
Window
1
---
---
---
2 sq. ft.
---
Residential: Subdivisions, PUDs, PRCDs & Condominium Developments
Ground
---
---
1
6  (per sign, including mounding)
30 sq. ft. per sign
Shall not be in ROW of intersecting street
Residential: Multi-Family Project Identification
Ground
---
---
1
6  (per sign, including mounding)
30 sq. ft. per sign
Shall not be in ROW of intersecting street
*Or as otherwise approved by Planning Board.
†Either one shingle sign or one wall sign will be permitted, not both.
(Ord. 05-16.  Passed 11-7-05.)
TABLE 14:  Signs in Commercial Districts
 
Commercial: Individual Uses
 
Sign Type
 
 
Per Unit
Per Street Front
Maximum Height (Ft.)
 
 
Maximum Sign Area
Min. Setback from Right-of-way
 
Monument
1
1
8
Two sq. ft. per lineal foot of building frontage, or  a maximum of 50 sq. ft., whichever is less
10*
 
Wall or Canopy
 
1
1
---
Two sq. ft. per lineal foot of building frontage, or a maximum of 150 sq. ft., whichever is less
---
 
Window
---
---
---
25% window coverage for the combined area of all informational, permanent and temporary signs
---
Commercial: Commercial Center
 
Monument
1
---
8
Two sq. ft. per lineal foot of building frontage, or  a maximum of 50 sq. ft., whichever is less.
Only one monument sign per Center
10*
 
Wall or Canopy
 
1
1
---
Two sq. ft. per lineal foot of building frontage  per tenant or per business, up to a maximum of  150 sq. ft, whichever is less
---
 
Window
---
---
---
25% window coverage for the combined area of all informational, permanent and temporary signs, per tenant or per business
---
 
*  Or as otherwise approved by the Planning Board.
TABLE 15:  Signs in the Historic Overlay District
 
Historic Overlay District
 
Sign Type
 
 
Per Unit
Per Street Front
 
 
Maximum Height (Ft.)
 
 
Maximum Sign Area
Min. Setback from Right-of- way
Projecting Nameplate Sign   
1
1
Projects not more than
4 feet outward from building face
12 sq. ft.
10*
 
Wall or Canopy
 
 
1
---
---
One sq. ft. per 1 lineal foot of building frontage or 20 sq. ft., whichever is less
---
 
Window
---
---
---
25% window coverage for the combined area of all informational, permanent and temporary signs
---
 
*  Or as otherwise approved by Planning Board.
TABLE 16:  Signs in the Office/Institutional District
 
Office/Institutional: Individual/Multiple Occupancy
 
Sign Type
 
 
Per Unit
Per Street Front
Maximum Height (Ft.)
 
 
Maximum Sign Area
Min. Setback from Right-of- way
Monument
 
1 per complex
1
8
One sq. ft. per  lineal foot of building frontage, or a maximum of 50 sq. ft., whichever is less
10*
Wall or Canopy
 
1per building
1
---
One sq. ft. per two lineal feet of building frontage, or a maximum of 150 sq. ft., whichever is less
---
Window
---
---
---
25% window coverage for the combined area of all informational, permanent and temporary signs
---
 
*Or as otherwise approved by Planning Board.
(Ord. 08-08.  Passed 8-18-08.)
TABLE 17:  Signs in Industrial Districts
 
Industrial: Individual/Multiple Occupancy
Sign Type
Per Unit
Per Street Front

Maximum Height (Ft.)
Maximum Sign Area
Min. Setback from Right- of-way
 
Monumen t
1  per complex
1
8
Two sq. ft. per lineal foot of building frontage, or  a maximum of 50 sq. ft., whichever is less
10*
 
Wall
1per building
1
---
One sq. ft. per two lineal feet of building frontage, or a maximum of 150 sq. ft., whichever is less
---
 
Window
---
---
---
25% window coverage for the combined area of all informational, permanent and temporary signs
---
 
*  Or as otherwise approved by Planning Board.
TABLE 18:  Sign Regulations Applicable in All Districts
 
All Districts: Schools, Parks, Churches, Libraries, Cemeteries and Public Uses

Sign Type

Per Unit

Per Street  Front

Maximum Height (Ft.)

Maximum Sign Area
Min. Setback from Right- of-way
Monument
---
1†
8
40 sq. ft.
10*
Wall
---
1†
---
20 sq. ft.
---
All Districts: Parking Lots and Outdoor Commercial Recreation Facilities
Monument
---
1
8
45 sq. ft.
---
 
*  Or as otherwise approved by Planning Board.
†  Only one wall sign or one monument sign shall be allowed per street front.
   (k)   Street Numbers Required:  An owner, occupant or person having control of a residential, industrial, commercial or public building shall display the numerical address of the building in Arabic numbers not less than four (4) inches in height.  Other street numbering guidelines include:
      (1)   The color of the numbers shall contrast to the color of the surface on which they are mounted and the numbers shall be clearly visible from the street on which the building is numbered.
      (2)   The numbers shall be placed on the front of the building facing the street on which the building is numbered.
      (3)   For buildings not having entrance doors facing the street on which the buildings are numbered, numbers of all units within such building shall be placed either on the wall of the building facing the street on which the building is numbered or on a sign in compliance with this Section.
      (4)   The owner of a residential building may post additional sets of address numbers provided that one set complies with the provision of this Section.
      (5)   Whoever violates this Section or any part thereof, upon being notified in writing of such violation by the City Engineer, shall have thirty (30) days in which to comply with the provisions of this Section.  Upon expiration of the thirty (30) days and failure to comply with the provisions of this Section within that period the owner, occupant or person having control of a building shall be deemed in violation.  Each subsequent day shall constitute a separate violation.
   (l)   Nonconforming Signs and Illegal Signs:  The continuance of an existing sign that does not meet the regulations and requirements of this Section shall be deemed a nonconforming sign that shall terminate by abandonment.
      (1)   A sign shall be considered abandoned:
         A.   When the sign is associated with an abandoned use.
         B.   When the sign remains after the termination of a business.  A business has ceased operations if it is closed to the public for at least ninety (90) consecutive days and no active building permit is on file for remodeling or reconstruction.  Seasonal businesses are exempt from this determination.
         C.   When the sign is not maintained or does not conform to the following:
            1.   All signs, together with all supports, braces, guys and anchors shall be kept in repair and in proper state of preservation.  The display surfaces of all signs shall be subject to periodic inspection.
            2.   Every sign and the immediately surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary and inoffensive condition free and clear of all obnoxious substances, rubbish and weeds.
               (Ord. 05-16.  Passed 11-7-05.)
            3.   Should any sign be or become unsafe or in danger of falling, the owner thereof or the person responsible for maintaining the sign shall proceed at once to put such sign in a safe and secure condition or shall remove the sign.  When the Zoning and Building Official or his designee finds, upon investigation, that a sign is unsafe or unsound structurally, he shall notify the owner of said sign, together with the owner of the land on which the sign is located, by certified mail of his findings.  Such notice shall advise the owner that the sign has been declared abandoned and/or unsafe and/or structurally unsound and must be removed within ten (10) days for an unsafe or structurally unsound sign.  The owner may request an opinion as to the existence of a violation from the Appeals Board.  If an unsafe, or structurally unsound sign is not removed as ordered and the owner has not requested an opinion as to the existence of the violation from the Appeals Board, the same may be removed at the expense of the lessee or owner after ten (10) days of notice for an unsafe or structurally unsound sign.  If the City is not immediately reimbursed for such costs, the amount thereof shall be certified to the County Auditor for collection as a special assessment against the property on which the sign is located.
      (2)   Abandonment shall be determined, based upon the above standards, by the Appeals Board at a public hearing.  Upon a finding that the signage is abandoned, the right to maintain and use such sign shall terminate immediately. 
(Ord. 07-02.  Passed 5-21-07.)
         A.   A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this chapter.  Should any replacement or relocation take place without being brought into compliance, the sign shall be existing illegally.
         B.   A nonconforming sign shall be maintained as required in accordance with the following provisions:
            1.   The size and structural shape shall not be changed or altered.  The copy may be changed provided that the change applies to the original nonconforming use associated with the sign and that the change is made by the owner of the sign at the time the sign became nonconforming; the copy area shall not be enlarged.  Any subsequent owner or user shall bring the sign into compliance within sixty (60) days.
            2.   In case damage occurs to the sign to the extent of fifty percent (50%) or more of either the structure or the replacement value of the sign, as determined by the City Engineer, the sign shall be removed within thirty (30) days.  Where damage to the sign is less than fifty percent (50%) of the structure or its replacement value, the sign shall be repaired within sixty (60) days.
   (m)   Enforcement:
      (1)   If any sign is installed, erected, constructed or maintained in violation of any provision of this Section, except for nonconforming signs in compliance, the Zoning and Building Official or his designee shall notify the owner or user thereof to comply with the provisions of this Section by certified mail. 
      (2)   If the owner or user fails to comply with such notice, and the owner has not requested an opinion as to the existence of the violation from the Appeals Board, or, if after a reasonable search, the owner cannot be found, the Zoning and Building Official or his designee shall cause such graphic or such portion thereof as is constructed or maintained in violation of this Section to be taken down, the expense of which shall be paid by the owner or user. 
      (3)   Unless clearly specified otherwise, the property owner will be considered to be the presumptive owner of said sign.  However, nothing herein contained shall prevent the Zoning and Building Official or his designee from adopting such precautionary measures as may seem to him necessary or advisable in case of imminent danger to place the graphic in safe condition, the expense of which shall be paid by the owner of the premises or recovered against him in the manner as further described in this Section.
         (Ord. 05-16.  Passed 11-7-05.)
      (4)   No owner or person in charge, possession or control of the sign(s) shall fail to comply with the notices provided within five (5) days of mailing of the notice.  No owner or person in charge, possession or control of permanent signs shall fail to comply with the notices provided within twenty-one (21) days of mailing of the notice.
         (Ord. 07-02.  Passed 5-21-07.)
      (5)   If a violation of a provision of this Section is repeated within ninety (90) days of a previous violation of the same provision of this Section by the owner or user subject of the previous violation on the same property as the previous violation, such sign may be seized immediately and a charge assessed for removal without additional notification.
      (6)   Fees for removal shall be immediately due and payable to the City.  Notice of such assessment shall be given to the owner or user by mailing such notice to the address utilized by the County Treasurer for tax billing purposes and by posting a Notice of Assessment at the subject premises where the sign owner and property owner are the same.  All assessments not paid within ten (10) days after such mailing and posting, after approval by Council, shall be certified by the Finance Director and the Zoning and Building Official to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected.
      (7)   The City may also collect such costs together with interest through a civil action in the appropriate court of law having jurisdiction thereof and seek such additional orders from a court of competent jurisdiction as may be necessary from time to time in order to enforce the provisions of this section.
   (n)   Penalties:
      (1)   Any person, firm, corporation, partnership, or association violating any provision of this Section or failing to obey any lawful order issued pursuant to its terms shall be charged with a minor misdemeanor offense and fined not more than $150.00.  Each day during which such violation continues may be deemed a separate offense.
      (2)   An organization may be charged and found guilty of a violation of a provision of this Section under any of the following circumstances:
         A.   The offense is committed by an officer, agent or employee of the organization acting in or on its behalf and within the scope of his office or employment.
         B.   The offense consists of an omission to discharge a specific duty imposed by law on the organization.
         C.   If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated or performed by the board of trustees, partners or by a high managerial officer, agent or employee acting in behalf of the organization and within the scope of his office or employment.
            (Ord. 05-16.  Passed 11-7-05.)