1131.02 APPLICABILITY.

   (a)   It shall hereafter be unlawful for any person to erect, place, relocate, expand, modify, maintain, or otherwise alter a sign in the City except in accordance with the provisions of this chapter.

   (b)   Unless otherwise provided, this chapter shall apply to any sign, in any zoning district, that is visible from a public right-of-way or from an adjacent property.

   (c)   Any sign established prior to the effective date of this code, and which sign is rendered legally nonconforming by the provisions herein, shall be subject to the nonconforming sign regulations of Section 1131.11: Nonconforming Signs.

(Ord. 34-17. Effective 12-7-17.)

1131.03 EXEMPTIONS.

   The following signs are entirely exempt from this chapter:

   (a)   Interior signs within a stadium, open-air theater, shopping center, arena or other use, which signs are not visible from a public right-of-way or adjacent property, and can be viewed only by persons within such stadium, open-air theater, shopping center, parks, arena, or other use.

   (b)   Any sign located on umbrellas or similarly related private patio furniture or seating provided it is located outside of the right-of-way and complies with any other applicable standards of this code;

   (c)   Any sign on a truck, bus or other vehicle that is used in the normal course of a business for transportation (See also Paragraph 1131.06(g)(16). or signage required by the State or federal government;

   (d)   Signs installed by the City, Greene County, State of Ohio, or approved transit agency and which sign is allowed pursuant to the latest version of the Manual on Uniform Traffic Control Devices (MUTCD);

    (e)   Any warning signs or traffic safety signs required by public utility providers; and

   (f)   Any holiday lighting, signs, or related decorations.

      (Ord. 34-17. Effective 12-7-17.)

1131.04 SIGN PERMIT REQUIRED.

   (a)   Unless otherwise provided by this chapter, all signs shall require a sign permit that shall be reviewed in the same manner as a zoning permit.

   (b)   In some instances, a sign may require a building permit and/or floodplain permit and where required, approval of all permits shall be required prior to the installation of the applicable sign.

   (c)   When any sign is installed, erected, constructed or maintained in violation of any of the terms of this code, the Zoning Administrator shall notify the sign owner or property owner in writing thereof to alter such sign so as to comply with this code.

   (d)   No permit for any building, structure, or use shall be issued until any abandoned, discontinued, or condemned sign is removed from the property, or modified or replaced by a sign which conforms to the applicable requirements of this chapter and other applicable requirements of the Fairborn Codified Ordinances.

   (e)   Signs Allowed without a Sign Permit. The following signs or activities do not require a sign permit, but may still be subject to building and floodplain permit requirements. Each sign exempt from the permit process shall still comply with any applicable safety, height, area, and locational standards established in this chapter and shall not count toward other maximum sign area or sign height standards:

      (1)   Flags that do not contain a commercial message provided there shall be no more than three such flags on any lot;

      (2)   Signs and/or notices issued by any court, officer, or other person in performance of a public duty;

      (3)   For the purposes of safety and emergency access, signs indicating the street number of a building or structure are permitted without a sign permit but shall not exceed six square feet in sign area.

      (4)   Sign face changes where there is no change to the structure including change in sign face area, height, or alteration of the sign cabinet, if applicable (e.g., replacement of a sign face, repainting of a sign face, etc.);

      (5)   Signs on vending machines, automatic teller machines, or fuel dispensers where the sign area does not exceed eight square feet in area per side;

      (6)   Commemorative plaques placed by recognized historical or government agencies;

      (7)   Certain temporary signs as established in Section 1131.10: Temporary Signs.

      (8)   Changes of copy on signs with changeable copy (See Section 1131.06(i): Changeable Copy.);

      (9)   Works of art which do not identify a business, product or service; and

      (10)   A sign permit is not required for general maintenance, painting, repainting, cleaning and other normal maintenance and repair of a sign or any sign structure unless a structural change is made.

         (Ord. 34-17. Effective 12-7-17.)