Unless otherwise specifically stated, the following regulations shall apply to all signs within the City:
(a) All signs shall comply with applicable provisions of the all applicable building codes, electrical codes, or other applicable City codes.
(b) All permanent signs shall be accessory to a principal use or development of land. Permanent signs shall be prohibited on unimproved properties.
(c) No sign or sign structure shall be placed on private or public property without the written consent of the owner or agent thereof.
(d) No sign or sign structure shall be erected at any location where it may interfere with, or obstruct the view of vehicles. All signs shall comply with the clear vision triangle requirements of this code.
(e) All signs shall be secured in such a manner as to prevent swinging or other significant noticeable movement, not including movement related to signs with changeable copy.
(f) Sign Materials.
(1) No exterior portion or display area of any permanent exterior sign open to the elements shall be constructed of converted, laminated, manufactured or processed materials, such as and including, but not limited to, paper, unfinished, unsealed, or untreated non-exterior grade plywood, pressboard, wafer-board, cardboard, polystyrene foam or similar material not generally recognized and expressly designed for sign construction, erection and operation. Fabric and canvas shall be prohibited unless used in conjunction with awning or canopy signs.
(2) All exterior portions and display areas of any permanent exterior sign open to the elements shall be constructed of any of the following materials: aluminum, brick, glass plastic, painted, treated or stainless steel, stone including cultured stone, rough-faced block, thermoplastic, vinyl; finished, sealed or treated exterior grade wood, or similar compatible materials in any combination generally recognized and expressly designed for sign construction, erection and operation. Fabric and canvas shall be permitted when used in conjunction with awning or canopy signs.
(3) Composite, compounded or synthetic matter or materials not generally recognized and expressly designed for sign construction, erection, and operation may be approved by the Zoning Administrator.
(4) Incorporation of materials matching or compatible to the materials used in the construction of the principal structure is encouraged in the design of proposed permanent exterior signs.
(5) All signage attached to vehicles or trailers shall be magnetic, a decal or painted on the vehicle or trailer.
(g) Prohibited Signs. The following types of signs are specifically prohibited within the City:
(1) Any sign that obstructs or interferes with fire ingress or egress from any door, window, or fire escape, or that obstructs or interferes with traffic or traffic visibility, or resembles or imitates signs or signals erected by the City or other governmental agency;
(2) A sign located in any other location that creates a hazard in the opinion of the Zoning Administrator or the City Engineer;
(3) Windblown devices;
(4) Helium, gas, or other air or gas filled balloons, signs, or similar inflatable devices located on, attached to, or anchored by structures, vehicles, the ground, or anything connected to or on the ground.
(5) Signs that employ any parts or elements which revolve, rotate, whirl, spin or otherwise make use of motion to attract attention. This shall not include changeable copy signs as allowed in this chapter.
(6) Signs with moving or flashing lights, except as noted in the changeable copy sign section;
(7) Beacons and searchlights, except for emergency purposes;
(8) Any sign which emits audible sound, odor or matter unless the sign is part of a drive-through facility approved under this code and pursuant to the drive-through sign regulation in Section 1131.09(h).
(9) Pennants or streamers;
(10) Signs that are applied to trees, bus shelters, utility poles, benches, trash receptacles, newspaper vending machines or boxes, or any other unapproved supporting structure, or otherwise placed in the public right-of-way;
(11) Any sign located in a public right-of-way unless otherwise specifically stated in this chapter;
(12) Signs attached to, painted on, or supported by accessory uses or structures with the exception of banner signs that may be attached to fences or wall in accordance with the temporary sign regulations;
(13) Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure unless specifically permitted as a temporary sign;
(14) Signs mounted on or above the roofline of any building;
(15) Portable signs unless the specific sign type is permitted as a temporary sign;
(16) Vehicle signs viewed from a public road with the primary purpose of providing signage not otherwise allowed by this chapter. A vehicle sign shall be considered to be used for the primary purpose of advertising if the vehicle fails to display current license plates or inspection sticker, if the vehicle is inoperable, if the sign alters the standard design of such vehicle. Vehicle signs include those attached to or placed on a vehicle or trailer. Vehicles or trailers shall not be parked continuously in one location to be used primarily as additional signage. This does not apply to a vehicle parked at a driver's residence and/or where it is the primary means of transportation to and from his or her place of employment; and
(17) Any other sign not expressly permitted or exempt from these regulations or any sign that does not comply with this chapter.
(h) Signs in Rights-of-Way.
(1) No part of a privately-owned sign shall be located or project within the public right-of-way or railroad right-of-way unless specifically authorized through a revocable encroachment permit in Chapter 1323 of the City of Fairborn Codified Ordinances, but in no case shall a sign be:
A. Closer than two feet from a vertical plane extended above the curb or edge of pavement when there is no curb.
B. Allowed to be erected or maintained within any tree lawn, or any other part of the public right-of-way at or near grade, not normally accessible to vehicular or pedestrian traffic.
(2) The Zoning Administrator or their designee may remove or cause to be removed any unlawful sign in the public right-of-way. The sign will be destroyed or disposed of within ten days of removal unless claimed by owner.
(3) Publicly-owned signs such as traffic and emergency signs shall be permitted within the right -of-way as required.
(4) Publicly-owned signs or signs authorized by the Zoning Administrator, City Manager, or Council such as, but not limited to, entrance signs, gateway signs and other signs which serve to identify major entrances, corridors or parts of the City shall be permitted within the right-of-way as required, subject to applicable building regulations.
(i) Changeable Copy. The following standards shall apply to all electronic message centers allowed in this chapter:
(1) Any message change shall be a static, instant message change that means that the sign does not produce any apparent motion of the visual image, including but not limited to illusion of moving objects, moving patterns or bands of light, expanding or contracting shapes, rotation or any similar effect of animation;
(2) Messages can only change once every five seconds or more;
(3) The transition time between messages shall be less than one second;
(4) All electronic message centers shall contain a default mechanism that will cause the sign to revert immediately to a black screen or will be turned off if the sign malfunctions;
(5) Any sign that incorporates a change of illumination shall not be permitted within 1,000 feet of another sign that incorporates a change of illumination on the same side of a roadway visible in the same direction of travel.
(6) Only Light Emitting Diodes (LED) technology or similar quality signs shall be permitted for electronic message centers; and
(7) Brightness Controls.
A. The electronic message center shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions.
B. The brightness level shall not increase by more than 0.3 foot candles (or 3.23 lumens per square meter or lux) (over ambient levels) as measured using a foot candle meter at a pre-set distance.
C. The procedure and distances for measurement of brightness shall be as established by the International Sign Association's Recommend Night- time Brightness Levels for On-Premise Electronic Message Centers.
(j) Sign Illumination.
(1) All signs, except as specifically stated in this chapter, may be illuminated by internal or external light sources, provided that such source of illumination shall:
A. Be shielded from all adjacent residential buildings and all streets;
B. Not have an intensity to cause glare visible to pedestrians or vehicle drivers, nor shall the illumination be of such brightness as to cause reasonable objection from adjacent residential districts; and
C. Signs shall not be lighted so as to obstruct traffic control or other public signs installed by a governmental agency ; and
D. Not utilize flames as a source of light.
(2) The following types of illumination are prohibited in the DC District:
A. Internal illumination not confined to sign letters, numbers, characters, symbols, and logos;
B. Fiber optics and other high-intensity signs, which exhibit glare and high contrast within their surroundings; and
C. Any external illumination which casts glare or other visual disturbance on any storefront, façade, sidewalk, right-of-way, or any other private or public property.
(k) Landscaping Permanent Monument Signs.
(1) All permanent monument signs shall be located in a landscaped area equal to or larger than the total sign area of the applicable sign. Such landscaped area may be an area that fulfills any landscaping requirements of this code.
(2) The landscaped area shall include all points where sign structural supports attach to the ground.
(3) Exposed sign foundations shall be constructed with a finished material such as brick, stone, or wood, or be screened with evergreens to the top of the anchor bolts.
(4) The required landscaped area shall contain materials such as, but not limited to, vegetative ground covers, perennials, shrubs, and ornamental trees covering at least fifty percent (50%) of the defined landscaped area at maturity. Artificial plant materials shall not be included in fulfilling this requirement.
(5) Season permitting, all landscaping and related plantings shall be installed within 60 days from the date of issuance of the sign permit, but in no case shall said installation be completed later than April 30th of the next calendar year.
(6) The property owner shall be responsible for landscape installation and maintenance in accordance with Section 1131.12.
(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)