The standards, regulations and procedures established by this chapter shall apply to all signs erected, displayed or maintained in the city, including all exterior signs and all interior signs located in windows, doorways or other building openings which are clearly visible from the building exterior, except for exempt signs as provided in division (H).
(A) Sign area.
(2) Exception. Signs on lawful nonconforming lots located within a residential district. See § 153.17 of this chapter.
(B) Classification of signs. For purposes of this chapter, signs are classified into three groups as follows:
(1) Measured signs. All permanent signs for which this chapter establishes restrictions upon the area of the sign or upon the total area of the signage to be displayed upon a lot, including all business identification and on-premises advertising signs
(2) Accessory signs. All other permanent signs shall be considered accessory signs including on-site directional signs for vehicles and pedestrians, parking restrictions, warning and similar signs.
(3) Temporary signs. A temporary sign is any sign irrespective of the type of sign or the materials used for its construction which is restricted by the terms of this chapter as to the length of time that it may be erected, maintained, used or displayed. In addition, the term TEMPORARY SIGN shall include any sign constructed of temporary, unsubstantial or inherently fragile materials such as paper, cardboard, water soluble paints and other materials. See also § 153.20.
(C) Permits for signs will be required when specified by this code and/or § H101 of the International Building Code or any other section of the International Building Code. It shall be unlawful for any person to erect, modify or maintain any measured sign or any temporary sign for which a permit is expressly required without first obtaining a sign permit from the Building Department and making payment of the fee required. In addition, all electrical signs, electrical access signs and electrical temporary signs subject to the regulations of the Electrical Code of the city shall be subject to the permit and fee requirements established therein.
(1) Application for sign permit. An application for a sign permit shall be made upon forms provided by the Building Director and shall contain or have attached thereto the following information:
(a) Name, address and telephone number of the person responsible for the erection of the sign;
(b) Name, address and telephone number of the owner of the sign, if different from the above;
(c) Name, address and telephone number of the owner of the property or building upon which the sign is to be erected, if different from the above;
(d) The location of the property or building upon which the sign is to be erected;
(e) A drawing or other representation of the sign, showing the height and position of the sign and its relationship to lot lines, building setback lines, buildings or other structures on the property, if any; and buildings or other structures on the adjoining properties, if any. In the case of a wall sign, the location on the facade must be indicated;
(f) Two sets of plans and specifications for the sign and its methods of attachment to either the ground or to a building, and one copy of a stress sheet and calculations bearing the seal of an architect, engineer or manufacturer showing that the sign is designed for dead load and wind pressure as required by the Building Code of the city, § H105 of the International Building Code, or other applicable ordinances of the city. This requirement may be waived for all wall signs and ground signs where the Building Director finds that he or she is provided with sufficient information in this section to determine compliance with all of the requirements of this chapter. His or her determination shall be based on consideration of location, size, weight, materials and method of attachment, none of which shall represent a threat to public safety;
(g) Two sets of plans or other diagrams and specifications for all electrical components of the sign and the electrical service to the sign;
(h) A written statement of the consent of the owner of the building or other structure or the land upon which the sign is to be erected;
(i) A signed copy of the insurance policy or bond as required by § 153.24 of this chapter;
(j) Any other information as the Building Director shall require showing full compliance with this chapter and all other applicable laws and ordinances of the city;
(k) Signs installed without first obtaining a permit are illegal and shall be removed until a time as a permit is obtained. The permit fee for reinstalling such a sign shall be doubled per § 153.25 of this chapter and the sign shall not be reinstalled until a time as all requirements herein are complied with.
(2) Issuance of permits. Upon receipt of the completed application, the Building Director of the city shall review the application, plans, specifications and other information required and shall, where they deem necessary, inspect the site and location of the proposed sign, and upon reaching a determination that the proposed sign meets the requirements of this chapter and all other applicable ordinances, shall issue a sign permit. If the proposed sign does not meet the requirements of this chapter, the applicant shall be informed in writing that his or her application has been denied. The Building Director shall take formal action on the application within 30 days of the date the application was filed. Failure to take action within 30 days shall be deemed a denial.
(3) Revocation of sign permits. All rights and privileges acquired under the provisions of this chapter are mere licenses and are revocable for cause by the Building Director. Further, if the work authorized by the sign permit is not completed within six months of the date of issuance of the permit or by the agreed date for the completion of the sign as shown on the permit, the permit shall become null and void. The Building Director may, upon written request, grant an extension of the completion date of up to three months.
(4) Appeal Any person aggrieved by a denial or revocation by the Building Director concerning any provision of this section, may appeal to the Zoning Board of Appeals within five days of the decision. The Building Director shall take no further action on the matter pending the Zoning Board of Appeals decision, except unsafe signs which present an immediate and serious danger to the public may be removed. The appeal shall be heard by the Zoning Board of Appeals in accordance with the rules, regulations and bylaws adopted for this purpose set forth in Chapter 33.
(D) Inspections. All signs shall be subject to an initial inspection. The Building Director shall inspect, at any time deemed necessary, each sign regulated by this chapter to ensure that any sign conforms to this chapter and all other ordinances of the city.
(E) Maintenance of signs. All signs shall be maintained in a safe, legible and good condition.
(1) Safety. All signs shall be maintained to the same structural standards by which they were approved or, in the case of nonconforming signs, the standard by which they would have otherwise been approved. All metal parts which are subject to rust or corrosion shall be painted at all times, all anchors and other fastenings shall be maintained in a secure and functioning condition capable of sustaining the loads for which they were designed. All sign faces shall be smooth and free from nails, tacks, wires, splinters and other hazards.
(2) Legibility. All signs shall be maintained in a legible condition. Painted signs shall be repainted at times as the deterioration of the paint results in illegibility or disfiguration.
(3) Condition. All glass panes or panes of other materials that comprise the sign face shall be immediately replaced if broken. All electrical components, switches, lamps, relays, fuses and similar devices shall be maintained in good working order.
(F) Nonconforming signs.
(1) Definition. Any sign which was erected prior to the adoption of this chapter and in conformance with the requirements of the sign ordinance in effect at the time of its erection, but which fails to meet the size, location or other applicable requirements of this chapter, excluding requirements related to maintenance, safety, type, or appearance, shall be considered a LEGAL NONCONFORMING SIGN and shall be permitted to continue in such status until it is either abandoned or removed by its owner. A legal nonconforming sign may be maintained only in conformance with the following regulations.
(a) Inspections. All nonconforming signs shall be inspected and any deficiencies in the condition of the sign shall be corrected as provided in division (C) and (E) above.
(2) Removal of nonconforming signs. A legal nonconforming sign may continue in that status unless any of the following regulations applies:
(a) Alteration in any way except for normal maintenance and repair;
(b) All nonconforming signs or all components of nonconforming signs which are prohibited signs as provided in division (H) below other than signs described herein shall be removed and shall not be re-established;
(c) All nonconforming signs, which are abandoned signs as provided in division (G), shall be upon passage of this chapter;
(d) The nonconforming signs of any business or other legal entity which ceases the activities to which the signs apply or which is replaced by a different business or other entity shall be removed, relocated or rebuilt in a conforming manner. Relocating or rebuilding a sign constitutes a new sign which requires a permit;
(e) The nonconforming signs of any business or other activity which changes ownership but which continues the operation of the business or activity may be continued as legal nonconforming signs;
(f) Any nonconforming sign, which the Building Director finds to be unsafe, shall be removed immediately;
(g) No sign shall be moved in whole or part to any other location on the same or any other lot unless every portion of the sign is made to conform to all regulations of this chapter and other applicable regulations of the city; and
(h) A nonconforming sign which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50% of the cost of the replacement of the entire sign, shall not be restored unless the sign shall conform to all of the regulations of this chapter and other applicable regulation of the city.
(G) Abandoned signs. The following regulations shall govern abandoned signs.
(1) For the purpose of this chapter, the following signs shall be deemed abandoned:
(a) Any sign, which is located on property which becomes vacant and which remains vacant for a period of 30 days except that real estate signs in accordance with § 155.140(A)(2) may be displayed thereon;
(b) Any sign, wherever located, which refers to a business or other activity, which has become vacant and remains vacant for a period of 30 days;
(c) Any sign announcing an event or the date or dates of an event which has passed, except permanent signs announcing the opening of a new business or activity provided that the references to the dates of the opening are removed upon opening.
(d) Any dilapidated, deteriorated, unreadable, illegible, structurally unsound or unsafe sign.
(2) Removal of abandoned signs. It shall be the responsibility of the owner of any property upon which an abandoned sign is located to remove the sign either immediately or within the time period otherwise established in division (J)(1) herein. Removal of an abandoned sign shall include the removal of the entire sign including the sign face, supporting structure and structural trim. Where the owner of the property on which an abandoned sign is located fails to remove the sign in a timely manner, the Building Director may remove the sign. Any expense directly incurred in the removal of the sign shall be charged to the owner of the property. Where the owner fails to pay, the city may file a lien upon the property for the purpose of recovering all reasonable costs associated with the removal of the sign.
(H) Exemptions. The provisions and regulations of this chapter shall not apply to the following signs; provided, however, that the signs shall be subject to the Electrical Code of the city, the regulations governing the removal of unsafe and unlawful signs and the regulations herein:
(1) Traffic control signs, warning signs and temporary construction and routing signs erected, maintained or operated by a governmental agency in conformance with the Manual for Uniform Traffic Control Devices;
(2) Signs authorized and erected by the city, including public notices posted by public officials or employees in the performance of their duties;
(3) The signs of any other governmental agency erected and maintained in the furtherance of agency’s official mission, duties and responsibilities;
(4) Warning signs placed by utility companies or others in areas of danger that are accessible to the public;
(5) Identification tags, labels, plaques and signs used by utility companies and other organizations to identify fixed operating equipment and for similar purposes;
(6) Signs on poles which indicate towing regulations or restrictions;
(7) Homeowner’s signs indicating items of personal property “for sale,” “beware of dog,” “no trespassing” and similar signs may be displayed upon residential property provided the signs pertain to an actual offering for sale or announce an actual warning and provided further that the signs do not exceed two square feet in area;
(8) Outdoor advertising sign (including legal nonconforming outdoor advertising signs) erected and maintained in conformance with this chapter.
(9) No permit or fee will be required for signs promoting the election of candidates for political office that are place on private property by the owner or occupier of the private property. However; this type of sign must be removed within a week after the election. An exception to the removal of this type of sign is made for signs of winning candidates in primary elections, whose signs may remain displayed until one week after the final election. Political signs may not be placed on public property nor on or in any type of structure, pole, sign post, or other such object that is located on public property or in the right-of-way of any state or municipal road way;
(10) Religious signs may be displayed without permit provided that the signs are not located in the public right-of-way or attached to utility poles or trees. Not included in this exempt section are signs identifying places of religious worship, which are considered measured signs and included in the terms of this chapter;
(11) Real estate signs in conformance with the requirements of § 155.140(A)(2);
(12) Seasonal decorations, including items of a primarily decorative nature associated with national, local or religious holidays. Seasonal decorations visible from the public right-of-way shall be removed within 60 days after the event;
(13) Snipe signs and temporary signs advertising garage sales, estate sales, bazaars and rummage sales and similar events may be displayed during the time of the event. The signs shall not be attached to any utility poles, light standard, tree or placed in any right-of-way;
(14) Construction signs. See § 153.20(B).
(I) Prohibited signs. The following signs, parts of signs, characteristics of signs and sign-like objects are prohibited and may not be erected, maintained, continued or used in the city:
(1) Any sign or similar object, color, light, shape or combination thereof which resembles an official traffic control device or sign, or is a representation of a traffic control device or sign;
(2) Any obscene language or graphic material or other representation of an obscenity or obscene act;
(3) Any sign, signal or similar device which emits music, speech, simulated speech or any other sound on a regular or intermittent basis;
(4) Any sign affixed to a tree;
(5) Any sign affixed to a utility pole, public light or street light, traffic control device or similar standard used for lighting;
(6) Any sign or similar device, which contains a strobe fight or any other high intensity light, which is emitted on a periodic or intermittent basis, or any light used as an eye catcher;
(7) Bench signs as defined herein;
(8) Cross-street banners. Banners strung across the public right-of-way are prohibited except as permitted by § 153.42;
(9) Any otherwise exempt sign, which exceeds the regulations or restrictions for size, location or time of display, placed on exempt signs by division (H) above.
(J) Removal of signs. Signs required to be removed by this chapter shall be removed in accordance with the following regulations:
(1) It shall be the responsibility of the owner of the property upon which a sign is located to remove the sign as required by this chapter, except that where a sign is a leased sign being maintained under the terms of a current lease, it shall be the responsibility of the owner of the same sign to remove the same. In any case in which a sign has been removed by the Building Director or by a private contractor at the direction of the Building Director in accordance with the provisions of this chapter, any cost directly incurred in the removal of the sign shall be charged to the owner of the property. If the owner fails to pay the costs to the city within 30 days, then the city may file a lien upon the property for the purpose of recovering all reasonable costs associated with the removal of the sign;
(2) Abandoned signs shall be removed in accordance with the provisions of division (G) and this division;
(3) Prohibited signs and other signs erected subsequent to the passage of this chapter and found to be in violation of this chapter shall be removed by the owner of the sign within 30 days of receiving notice of the violations. If after 30 days the sign has not been removed, the Building Director may remove it as provided in division (G)(2) above; and
(4) Any permitted or prohibited sign that becomes a danger to the public, because of damage to or deterioration of the structure, must be removed immediately. Where the owner cannot be immediately contacted, the Building Director may order the sign removed as provided in division (G)(2) above.
(Ord. 3822, passed 1-11-16)