(a) General requirements. Every billboard shall:
(1) Be securely affixed to a substantial structure.
(2) Be maintained, clean and in good repair, and the painted portions of such signs shall be periodically repainted and kept in good condition.
(3) Be constructed in accordance with all applicable Building Code regulations.
(4) Not be maintained or affixed to any building that has been declared by the Code Enforcement Officer as dangerous and unsafe and a public nuisance or that has been ordered vacated and barricaded and that has been found open to trespassers by reason of the failure of the owner to maintain the building securely barricaded. The holder of the billboard permit for such sign shall be given 30 days notice of the order of the Code Enforcement Officer prior to any action to enforce this provision.
(b) Construction of signs. No person shall construct a billboard:
(1) As a roof sign.
(2) Within 200 feet in any direction of any school or hospital.
(3) Within 100 feet in any direction of a residential district boundary line.
(4) In any park, parkway, or playground under the jurisdiction of the village, the establishment of which has been authorized by Council, or within 200 feet in any direction of the boundary of any such park, parkway or playground.
(5) As a double-faced, side-by-side, stacked, or decked sign, with a combined sign face area of more than 150 square feet.
(6) With a face area greater than 672 square feet inclusive of any border and trim, but excluding the base or apron, cutouts, supports and other structural members.
(7) Closer to the street than the principal structure setback line for the district in which it is located, and no portion of any billboard may be placed on, or extend over the right- of-way line of any street or highway.
(8) On any publicly-owned real property without permission.
(9) As a ground sign more than 40 feet above the grade of the lot or location being occupied by such sign, or the average natural grade at the sign location, if higher. Provided, however, in the instance of a street or highway which is higher than the grade of the lot or location to be occupied by the sign, the height shall be measured from the center line of the pavement at such location, but in no event shall the maximum height exceed 40 feet.
(10) In violation of Ohio R.C. § 5516.02 regulating signs within 660 feet of interstate and state primary highways.
(c) Spacing of billboards.
(1) On the interstate and primary systems, spacing shall be in accordance with the agreement entered into by the State of Ohio and the United States Secretary of Transportation, and shall be pursuant to state regulation.
(2) On all other streets and highways within the Village of Lockland, no billboard may be constructed within 500 feet of any other billboard, located on the same side of the street right-of-way and facing the same traffic flow.
(3) The minimum distance between structures for purposes of complying with this section shall be measured along the nearest edge of the pavement between points directly opposite the center of the signs along the same side of the street or highway on which the sign is to be located.
(d) Lighting requirements for billboards. Lighting shall not be used in any way in connection with any billboard unless it is so effectively shielded as to prevent beams or rays of light from being directly cast on any portion of the street or highway, or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle or to otherwise interfere with any driver's operation of a motor vehicle. Illuminated off-premise signs shall not produce more than one foot candle of illumination four feet from the sign, when measured from the base of the sign.
(e) Billboard construction permit.
(1) A person may not construct a billboard without first obtaining a billboard construction permit from the Code Enforcement Officer. Application for a billboard construction permit must be made on a form provided by the village. The billboard construction permit is required in addition to a building permit and any other permit or license required by law or ordinance. The fee for a billboard construction permit is $70.00 for each billboard face. A billboard construction permit may not be issued unless approved by the Code Enforcement Officer as conforming to this chapter and all other applicable codes.
(2) The Code Enforcement Officer has the duty to inspect the construction of billboards. On determining that the construction has been completed in accordance with all applicable codes, the Code Enforcement Officer has the duty to assign a billboard permit number to each billboard face. The owner of the billboard must permanently display the permit number and the owner's name on the sign or accompanying structure so that the name and number are clearly visible from the public right-of-way.
(3) If the person displaying the sign is not the owner of record of the real property on which the sign is displayed, the person shall keep on file and make available for inspection on demand by the Code Enforcement Officer, the name and address of the property owner or tenant in possession and documentation executed by the property owner or tenant in possession establishing the right of the applicant to display the sign.
(4) If a holder of a billboard permit transfers ownership of a billboard, the person to whom ownership has been transferred must notify the village in writing of the transfer within 90 days of the transfer and provide the Code Enforcement Officer with the name, address and telephone number of the person responsible for maintaining the sign in compliance with this chapter.
(f) Reconstruction of nonconforming signs prohibited. The structural support of billboards deemed nonconforming uses under the zoning code may not be reconstructed, rebuilt, or replaced nor the face area of such signs increased. Any nonconforming sign damaged or destroyed to the extent of 60 percent or more of its estimated replacement cost at the time of its damage or destruction may not be repaired, rebuilt, or reconstructed except in conformity with this chapter.
(g) Annual billboard sign permit renewal.
(1) By December 31 of every other year beginning in 2011, every person displaying a billboard must apply to the Code Enforcement Officer for renewal of every billboard permit for each billboard being displayed. Renewal may be based on an owner's certification of compliance filed with the Code Enforcement Officer in accordance with division (g)(2) below of this section or inspection by the Code Enforcement Officer in accordance with division (g)(3) of this section.
(2) A person displaying a billboard may file with the Code Enforcement Officer a verified certification that each sign displayed by the person is being displayed and maintained in accordance with the provisions of this chapter. The certification must be made on a form prescribed by the Code Enforcement Officer and filed with the Code Enforcement Officer by December 31. The certification must be based on inspection of each sign by the applicant made within 30 days of the certification. The person displaying a billboard must keep on file and make available for inspection on demand by the Code Enforcement Officer a written record of each inspection made. The fee for renewal of a billboard permit based on an owner's certification of compliance is $20.00 for each sign face.
(3) A person displaying a billboard may apply to the Code Enforcement Officer for inspection of the sign. Application must be made on a form prescribed by the Code Enforcement Officer and timely filed. The Code Enforcement Officer has the duty to inspect each sign and determine if it is being displayed and maintained in accordance with the provisions of this chapter. The fee for renewal of a billboard permit based on inspection by the Code Enforcement Officer is $40.00 for each sign face.
(4) In the event a person displaying a billboard fails to apply for renewal and either file a certification pursuant to division (2) above or apply to the Code Enforcement Officer for inspection pursuant to division (3) in a timely manner, the Code Enforcement Officer has the duty to inspect each sign and determine if it is being displayed and maintained in accordance with the provisions of this chapter. The fee for renewal of a billboard permit based on inspection by the Code Enforcement Officer made pursuant to this paragraph is $50.00 for each sign face. If the person displaying a billboard fails to pay the inspection fee and correct any violations within the time provided by the Code Enforcement Officer that person is subject to penalty as provided in § 1246.27.
(5) If the Code Enforcement Officer finds that a person has falsely certified that signs displayed by the person are being displayed and maintained in accordance with the provisions of this chapter, the Code Enforcement Officer has the duty to reject the certification, require the applicant to file for renewal pursuant to division (2) of this section and disqualify that person from renewing permits based on filing an owner's certification of compliance. A person so disqualified will remain disqualified for five years unless reinstated pursuant to division (6) of this section.
(6) A person disqualified pursuant to division (5) of this section may request a hearing before the Board of Zoning Appeals to present evidence that the certification was correct or that the false statements were inadvertent or the result of careless error. If the Code Enforcement Officer finds that the certification was correct or that the false statements were inadvertent or the result of careless error, the Code Enforcement Officer has the duty to issue permits based on the owner's certification as it may be amended to correct any misstatement and to remove the disqualification; provided, however, on a second finding within a five-year period that an owner has filed a false certification, whether through inadvertence, careless error or otherwise, the Code Enforcement Officer has the duty to reject the certification, require the applicant to file for renewal pursuant to division (1) of this section and disqualify that person from renewing permits based on filing an owner's certification of compliance for five years.
(Ord. 2012-20, passed 4-17-2012)