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Codified Ordinances of Kent, OH
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CERTIFICATION
DIRECTORY OF OFFICIALS
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF KENT
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE.
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FOURTEEN - PROPERTY MAINTENANCE AND HOUSING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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1109.02 APPLICABILITY.
   (a)   Generally. Except as otherwise provided in this Chapter, all signs placed, erected, installed, painted, modified or altered must conform to the standards set forth in this Chapter and requires a sign permit prior to installation in accordance with Section 1109.04. Erection, modification, alteration, placement, replacement or other action involving a sign that is inconsistent with this Chapter 1109 is a violation of the Zoning Code and subject to penalties and remedies as permitted by the Kent Codified Ordinances, including penalties set forth for Civil Offenses in Section 501.13 of the Kent Codified Ordinances.
   (b)   Sign Standards. The sign standards provided in this Chapter are intended to apply to signs in each zoning district in the City of Kent. Only signs authorized by this Chapter are permitted.
   (c)   Existing Signs. Except as otherwise specifically provided, nothing in this Chapter requires removal or discontinuance of a lawful existing sign. Lawful existing signs must not be enlarged without meeting the requirements of this Chapter and obtaining a sign permit. Lawful existing signs that do not meet this Chapter's requirements are labeled nonconforming signs. See Section 1109.16.
   (d)   Dual Suitability. Meeting the criteria of one sign type definition does not exclude the sign from meeting another sign definitions' criteria. For example, a blade sign can also meet the definition criteria of a double-faced and a permanent sign.
(Ord. 2021-057. Passed 6-16-21.)
   
1109.03 DEFINITIONS.
   The following are definitions of specialized terms and phrases used in this Chapter and as may otherwise be appropriate in this Code:
   (a)   Sign Definitions, General.
      (1)   Abandoned Sign - A sign that no longer identifies or advertises an ongoing business, product, location, service, or activity.
      (2)   Alteration - Any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.
      (3)   Building Frontage - The length of a building or structure along a public street. The building frontage is measured by the linear distance of the building façade.
      (4)   Channel Letters - Three-dimensional individually cut letters or figures affixed to a structure.
      (5)   External Illumination - The lighting of a sign from a source outside the sign.
      (6)   Height, Maximum - Measured from grade to the highest edge of the sign surface or its projecting structure.
      (7)   Height, Minimum - The distance measured from grade to the lowest edge of the sign surface or its projecting structure.
      (8)   Internally Illuminated - A sign with the light source located in the interior of the sign so that the rays go through the face of the sign, or has a light source which is attached to the face of the sign and is perceived as a design element of the sign.
      (9)   Nonconforming Sign - Any sign lawfully erected and maintained prior to the effective date of this Chapter, constructed in conformance with the ordinances and other applicable laws in effect on the date of its construction, but by reason of its size, height, location, design, or construction is no longer in conformance with the regulations of this Chapter.
      (10)   Roof Edge - On a pitched roof, the lowest portion of the fascia board covering the roof rafters, or if no fascia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall or three (3) feet above the roof deck, whichever is less. See Figure 21. Roof Edge.
      (11)   Sign - A name, message, identification, image, description, display, logo, or illustration which is affixed to, painted, or otherwise located, set upon, or in, a building, bench, structure or land and which directs attention to an object, product, place, activity, person, institution, idea, message, or business and which is visible outdoors. The definition does not include goods orderly displayed in a window.
      (12)   Window Area - The glass panes area. Found by multiplying the height of the window pane by the length of the window pane. The area must be separate for each window. A group of window panes may be considered one window if they are adjoining on the building face and are less than six (6) inches apart. See Figure 22.
   (b)   Sign Definitions, Sign Types. The following definitions apply to types of signs based on the characteristics of the sign without respect to the content of the message:
      (1)   Air-Activated Signs - A sign that is an air inflated object, which may be of various shapes, is made of flexible material, rests on the ground or structure and is equipped with a portable blower motor that provides a constant flow of air into the device. Air-activated signs are often restrained, attached, or held in place by a cord, rope, cable, or similar method.
      (2)   Animated or Moving Sign - A sign that uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.
      (3)   Awning Sign - A projecting sign painted or screen printed on the exterior surface of an awning. See Figure 23.
      (4)   Balloon Sign - A sign that is an air inflated object, which, unlike air-activated signs, retains its shape. A balloon sign is made of flexible material, rests on the ground or structure, and may be equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are often restrained, attached, or held in place by a cord, rope, cable, or similar method.
      (5)   Banner or Pennant - A sign on paper, cloth, fabric or other flexible material of any kind that is attached flat either to a wall or temporarily to a permanent sign face. See Figure 24.
      (6)   Billboard Sign (Outdoor Advertising Sign) - An off premises outdoor sign advertising goods, services, or ideas, typically attached to a permanent structure near a roadway.
      (7)   Blade Sign - A small, pedestrian-oriented sign mounted so that the sign face is perpendicular to the face of the building. See Figure 25.
      (8)   Building Sign - See Wall Sign definition
      (9)   Canopy Sign - A projecting sign affixed to the side or bottom surface(s) of an attached or freestanding canopy. See Figure 26.
      (10)   Changeable Copy Sign - A sign or portion thereof on which the copy is manually installed through placement of copy and symbols on a panel mounted in or on a track system.
      (11)   Directional Sign - A sign that's intended to direct the flow of traffic, transmit parking information, or convey similar information.
      (12)   Double-faced Sign - A sign having two (2) identical faces of equal size, arranged and/or positioned back-to-back.
      (13)   Electronic Message Center (EMC) Sign - An electrically activated changeable-copy sign whose variable message and/or graphic presentation capability can be electronically programmed. EMCs typically use light emitting diodes (LEDs) as lighting sources.
      (14)   Feather Sign - A flexible material shaped like a feather or similar shape that is attached on one side to a flexible or rigid pole, which is used for the primary purpose of advertising or attention getting.
      (15)   Festoons - A string of ribbons, pennants, spinners, streamers, tinsel, small flags, pinwheels, or lights, typically strung overhead.
      (16)   Flag - A sign on paper, cloth, fabric or other flexible material of any kind that is attached to a pole.
      (17)   Freestanding Sign - A sign supported by one or more uprights, poles, pylons, monuments, or braces placed in the ground and not attached to any building or other structure. Freestanding signs include, but are not limited to, Pole Signs and Monument Signs.
      (18)   Incidental Sign - A small sign, usually two (2) square feet or less, designed and located to be read only by people near or within the site and generally not visible or legible from the public right-of-way or adjacent properties. Examples of incidental signs include, but are not limited to, credit card signs, signs indicating hours of business, no smoking signs, signs prohibiting concealed carry weapons, signs used to designate bathrooms, handicapped signs, traffic control signs that conform to the requirements of the Ohio Manual of Uniform Traffic Control Devices, and other signs providing information to be read at close proximity.
      (19)   Interior Sign - A sign placed within a building, but not including a window sign as defined by this Code, that is not visible from any public street, sidewalk, alley, park or public property.
      (20)   Joint Identification Sign - A sign which serves as a common or collective identification for two or more uses located within the same building, or which share a common wall, or for two or more buildings located within a jointly used area, provided the buildings are in close proximity to one another.
      (21)   Monument Sign - A base-mounted, freestanding sign placed in the ground and not attached to any building or other structure. See Figure 27.
   
      (22)   Nameplate Sign - A sign that is attached to a door or wall and that shows the name of the person, group, building, or company that lives or works in the premises.
      (23)   Neon Sign - A glass tube lighting in which a gas and phosphors are used in combination to create a colored light.
      (24)   People Sign - A portable sign held by a person and displayed for the purposes of expressing a message.
      (25)   Permanent Sign - A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
      (26)   Pole Sign - A type of freestanding sign that is elevated above the ground on poles or braces. See Figure 28.
      (27)   Projecting Sign - A sign attached to a building or other structure, and extending beyond the attachment surface by more than eighteen (18) inches. A "projecting Sign" is differentiated from a "wall sign" based on the distance the sign projects from the surface of the building. Examples of projecting signs may include "awning signs", "blade signs" and "canopy signs".
      (28)   Revolving Sign - An animated sign that revolves around an external axis driven by wind or electromechanical devices.
      (29)   Roof Sign - 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 highest point of a building.
      (30)   Sandwich Board Sign - A portable sign or sign board that is freestanding and not permanently anchored or secured to either a building, structure, or the ground.
      (31)   Temporary Sign - Any sign capable of being removed after a designated period of time.
      (32)   Vehicle Sign - A sign that is attached to or painted on a vehicle that is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.
      (33)   Wall Sign - A sign attached to, painted on, inscribed, or otherwise set upon the exterior wall or surface of any building, which projects eighteen (18) inches or less from the wall. See Figure 29.
      (34)   Window Sign - A sign that is painted on or attached to a window or glass door. See Figure 30.
      (35)   Yard Sign - A portable sign or sign board that is freestanding and temporarily anchored or secured to the ground.
         (Ord. 2021-057. Passed 6-16-21.)
1109.04 SIGN PERMITS.
   (a)   Sign Permits Required.
      (1)   A sign permit is required in order to apply, erect, move, alter, reconstruct, replace, or repair any permanent or temporary sign, except signs that do not require permits consistent with the requirements of Section 1109.07 .  
      (2)   Issuing of a sign permit by the Zoning Inspector does not constitute a building permit, and any sign subject to the provisions of the Ohio Building Code will also be required to submit the appropriate information needed for review under the Ohio Building Code.
   (b)   Review Authority - The Zoning Inspector will review all sign permit applications within the City of Kent. If the Zoning Inspector grants a sign permit with conditions, the Zoning Inspector must state the conditions in writing, with citations to relevant sections of this Chapter. If the Zoning Inspector denies a permit application, the Inspector must do so in writing and state in writing the reason for denial, with citations to relevant sections of this Chapter or other provisions of the Codified Ordinances. The applicant may appeal the decision of the Zoning Inspector as provided in Section 1111.03 of the Zoning Code.
   (c)   Information Required - Applicants for a sign permit must submit the following information.
      (1)   Color sign rendering;
      (2)   Site plan and elevations;
      (3)   Sign dimensions and dimensions of sign mounting material, where applicable and additional permits may be required;
      (4)   Building façade dimensions, where applicable;
      (5)   Distance of sign from all public rights-of-way;
      (6)   Style, type, wattage, and location of all lighting;
      (7)   Landscaping plan for freestanding signs; and
      (8)   List of construction materials, including sign mounting material, where applicable.
   Incomplete applications will be denied. Additional permits may be required.
   (d)   Criteria for Approval - The Zoning Inspector must approve a sign permit if the proposed sign conforms to all applicable requirements of this Chapter. In areas where a review is required by the Architectural Review Board, a Certificate of Appropriateness must be issued before the Zoning Inspector can issue a sign permit. The Zoning Inspector is not permitted to issue a sign permit for any signs subject to a Comprehensive Sign Plan until the Comprehensive Sign Plan has been approved by the Planning Commission and when applicable, the Architectural Review Board. (Ord. 2021-057. Passed 6-16-21.)
1109.05 MEASUREMENT OF SIGN AREA.
   (a)   Single face sign total area is computed by the height multiplied by the width in square feet. The height and width is determined by lines drawn at the outer perimeter of any single square or rectangle encompassing the outer perimeter of the extreme limits of an individual letter(s), word(s) message(s), representation(s), logo(s), emblem(s), or any similar figure, including open space(s), together with any frame or other material forming an integral part of display used to differentiate such sign from the background against which it is placed. See Figure 31.
   (b)   Double-face signs. The total area is computed in the same manner as a single face sign, except only one side of the double face sign is considered for the total area permitted.
   (c)   Supporting framework or bracing that is clearly incidental to the display itself is not be computed as sign area unless it too contains advertising lettering, materials or symbols.
   (d)   Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area is measured at their maximum projection, as viewed from a position in the public right-of-way which produces the largest visual projection. See Figure 32.
   (e)   Regardless of their spacing, the letters forming a word or name are considered a single sign. The area of such a sign is measured as provided in this Chapter.
(Ord. 2021-057. Passed 6-16-21.)
1109.06 GENERAL REQUIREMENTS FOR ALL SIGNS AND DISTRICTS.
   The following conditions apply to all signs erected or located in any zoning district:
   (a)   Sign Location.
      (1)   Right-of-Way Prohibited. Except as provided, no sign will be placed or deposited within any public right-of-way or on any tree, pole, post, meter, or similar object located within the public right-of-way.
         A.   Blade signs attached to a building may project a maximum of forty inches over a public right-of-way provided the lowest part of the sign is at least eight feet but no more than fifteen feet above the pedestrian thoroughfare and provided said sign has received a Sign Permit from the Zoning Inspector.
         B.   Under no circumstance may any signs that are permitted in the public right-of-way interfere with vehicular or pedestrian visibility.
      (2)   Clear Vision Triangle Area Prohibited. No sign will be located in the clear vision triangle area described in Section 1106.09 .
      (3)   Sign Height. No sign otherwise permitted will project above the maximum sign height limitation of the zoning district as specified in the "Dimensional Regulations" in each zoning district.
      (4)   Alterations - No sign will be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this Chapter. Restoring a sign to its original condition by repainting or refacing the sign is not an alteration within the meaning of this Chapter.
      (5)   Sign Attachment and Support - A sign must not be attached to or supported by a tree, utility pole, light pole, trash receptacle, bench, vending machine, gasoline pump or hose, public shelter, or be painted or drawn upon rocks or other natural features.
   (b)   Sign Power Source. All power sources, raceways, and conduit must be concealed from view. (Ord. 2024-103. Passed 10-16-24.)
1109.07 EXEMPT SIGNS.
   According to the regulations of this Code and subject to the following provisions, the following signs are permitted in all zoning districts without a permit. These signs are not included in the determination of the total allowable number of signs or total allowable sign area for a site.
   (a)   Decorations commemorating a holiday that are not displayed in a manner that promotes commercial activity;
   (b)   Temporary signs;
   (c)   Any sign required by the City to provide notice for a required public hearing to be erected, displayed, and removed according to the requirements of the City of Kent;
   (d)   Signs erected on a City of Kent, state, or federal building or land by the authorized public agency;
   (e)   Incidental signs. Unless the Community Development Director determines in his or her sole discretion that a sign constitutes a public nuisance, the incidental sign is exempt. The landowner or land user may appeal the decision of the Community Development Director to the BZA in accordance with Section 1111.03 ;
   (f)   Interior signs;
   (g)   Any lawful sign in a public or private right-of-way installed by an authorized public agency, including but not limited to, street signs and address signs;
   (h)   Private traffic control signs that conform to the requirements of the Ohio Manual of Uniform Traffic Control Devices;
   (i)   Signs advertising the lease or sale of a property. Such signs are limited to a maximum size of six (6) square feet per sign and may not be located in the public right-of-way. One sign is permitted per front yard (i.e., corner lots may have two such signs, one per street frontage);
   (j)   Seasonal outside table umbrellas;
   (k)   One sign denoting the architect, engineer, or contractor when placed upon a work site under construction. Such sign must not exceed twelve (12) square feet in area; and
   (l)   National flags, state flags, municipal flags, and the official flag of any charitable, non-profit, or public sector entity are exempt from all City of Kent sign regulations. One corporate flag or non-commercial flag is also exempt from these sign regulations so long as all of the following conditions are met:
      (1)   The corporate flag is flown in conjunction with the flag of the United States of America, State of Ohio, or City of Kent;
      (2)   The corporate flag is no larger than the flag of the United States of America, State of Ohio, or City of Kent with which it is being flown in conjunction; and
      (3)   The corporate flag is less than sixteen (16) square feet.
   (m)   Political Signs. At the discretion of the owner, signs containing a relevant political message (as opposed to an advertisement for a financial enterprise, business, or other non-political message) may be deemed political signs and are therefore exempt from size and content restrictions. Political signs, however, must be removed or replaced after sixty (60) days. The Zoning Inspector may order such sign removed or replaced sooner if the sign has become weathered, tattered, torn, or otherwise defaced. Political signs remain subject to the prohibition in Section 1109.08 (k) against obscene signs.
      (Ord. 2021-057. Passed 6-16-21.)
   (n)   Electronic menu and order summary boards primarily visible to the person(s) placing an order in a drive-thru lane.
      (Ord. 2022-099. Passed 9-21-22.)
1109.08 PROHIBITED SIGNS.
   The following signs and types of signs are inconsistent with the purposes and standards of this Chapter and are prohibited in all zoning districts:
   (a)   A sign made of a material not designed for outdoor signage, including but not limited to, bed linens, tarps, or untreated or unfinished plywood;
   (b)   Abandoned Signs;
   (c)   Any advertising device that simulates or imitates in size, color, letter, or design any traffic sign or signal or other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic;
   (d)   Any sign containing off-premise commercial content, except as permitted by Section 1109.11; 
   (e)   Any sign that is deemed structurally or electrically unsafe by the Chief Building Official;
   (f)   Any sign, structure, support or frame that was previously part of an on-premise commercial sign, but no longer supports or contains a sign relating to a commercial activity, business, or usage on the premises, which has been discontinued at least ninety (90) days must be removed in accordance with Section 1109.15 or brought into compliance with this chapter.
   (g)   Bench signs;
   (h)   Billboard sign;
   (i)   Feather Signs;
   (j)   Festoons air-activated, and balloon signs except for decorations commemorating a time limited event or holiday. This time period is determined at the sole discretion of the Community Development Director;
   (k)   Obscene sign, which is any signs containing words or pictures that are lewd, obscene, profane, or libelous;
   (l)   Pole signs, including signs attached to light poles, utility poles, street sign post, and trees. Prohibited pole signs do not include pole signs lawfully installed by an authorized public entity;
   (m)   Portable message signs unless authorized by the appropriate government entity in a public or private road Right-of-Way;
   (n)   Roof signs;
   (o)   Signs that obstruct any fire escape;
   (p)   Signs within any public right-of-way unless specifically authorized under Section 1109.06(a)(1);
   (q)   Vehicle signs; and
   (r)   Mounting of neon signs on the exterior facade of any building.
      (Ord. 2024-103. Passed 10-16-24.)
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