(a) All signs erected in the City are subject to the following requirements:
(1) Viewpoint neutrality. Notwithstanding anything to the contrary in this chapter: (i) no sign or sign structure shall be subject to any limitation based upon the viewpoint of the message contained on such sign or displayed on such sign structure; (ii) it is the policy of the City to regulate signs in a manner that does not favor commercial speech over noncommercial speech and does not regulate protected noncommercial speech by message content; and (iii) within this chapter, any distinction between onsite signs and offsite signs applies only to commercial messages; it does not apply to noncommercial messages.
(2) Substitution of noncommercial speech for commercial speech. Notwithstanding anything to the contrary in this chapter, any sign erected pursuant to the provisions of this chapter may, at the option of the owner, contain a noncommercial message in lieu of a commercial message and the noncommercial copy may be substituted in whole or in part at any time in place of the commercial copy. The noncommercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial message to a noncommercial message or from one noncommercial message to another noncommercial message; provided, however, that there is no change in the size, height, setback, or spacing criteria contained in this chapter.
(3) Administrative interpretation and discretionary approval. Interpretations of this chapter may be made by the Code Enforcement Officer or such other officer as designated by the City Manager pursuant to Section 1282.07. All interpretations of this chapter are to be exercised considering the policies, purposes, and intent set forth herein. Whenever a sign permit or other approval is subject to discretion, such discretion shall not be exercised as to message content, but instead shall be directed to structural and location factors, including, as applicable: (i) whether the location and placement of the sign will endanger motorists; (ii) whether the sign will cover, blanket, or interfere with any prominent view of a structure of facade of historical or architectural significance; (iii) whether the sign will obstruct views of users or adjacent buildings to side yards, front yards, or open space; (iv) whether the sign will negatively impact the visual quality of a public open space; (v) whether the sign is compatible with building heights of the existing neighborhood; (vi) whether the sign's lighting or illumination system will cause hazardous or unsafe driving conditions for motorists.
(4) Consent of legal owner of property. Except as required by State or Federal law, no sign may be displayed without the consent of the legal owner of the property on which the signs mounted or displayed. For purposes of this policy, "owner'' means the holder of the legal title to the property and any party and person holding a present legal right to possession, control, or use of the property.
(5) Signs on public property. Except as required by State or Federal law, or otherwise permitted by this chapter, any sign installed or placed on public property shall be deemed illegal and shall be forfeited to the public and subject to confiscation. In addition to other remedies provided hereunder, the City shall have the right to recover from the owner or person placing the sign the cost of removal and disposal of such sign.
(6) Yard requirements. All signs shall be placed in observance of the yard requirements of the Zoning Code, unless such requirements are specifically modified by this chapter.
(7) Painted signs. Signs shall not be painted directly upon the surface of any building or structure, with the exception of signs painted on the glass surface of windows. This prohibition shall not apply to graphic displays, which shall not exceed thirty percent of the wall area on which they are displayed, provided no words, letters or numbers are included as part of the graphic display, and provided permission of the Board of Zoning Appeals is secured and an application fee is paid before a graphic is utilized.
(Ord. 89-26. Passed 9-12-89.)
(8) Construction. Except as modified in this chapter for rules relative to location and size, the provisions of the Ohio Basic Building Code, as adopted in Chapter 1422, shall apply to signs.
(Ord. 98-11. Passed 7-14-98.)
(9) Maintenance and removal. All signs and sign structures shall be kept in repair so that they are structurally safe. Signs which are no longer functional or safe shall be removed by the owner or tenant immediately. After thirty days from notice by the Code Enforcement Officer to remove such a sign and upon failure to comply with such notice within the time specified, the Code Enforcement Officer shall cause the removal of such sign. The owner or agent of such sign shall bear the full costs of such removal and shall be billed accordingly. Upon vacating a nonresidential establishment, the owner shall be responsible for the removal of all signs used in conjunction with such establishment.
(10) Minimum temporary signage allowed. Notwithstanding anything to the contrary in the chapter, each parcel of real property shall be allowed up to a maximum of twelve square feet of temporary noncommercial signage, for a period not to exceed forty-five days per calendar year.
(b) All references in this chapter to the Zoning Code shall be to Title Eight of Part Twelve of the Planning and Zoning Code, and all references to zoning districts, rules or provisions of the Zoning Code shall be to such Title. This chapter shall be read in conjunction with such Zoning Code.
(Ord. 82-7. Passed 2-9-82; Ord. 90-15. Passed 5-8-90; Ord. 92-4. Passed 1-14-92; Ord. 18-01. Passed 2-27-18.)