§ 1187.03 NONCONFORMING SIGNS.

(a) It is hereby determined that regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services and facilities without difficulty and confusion, to promote traffic safety, safeguard public health and welfare and prevent wasteful use of natural resources in competition among businesses for attention.

(b) In addition, it is the intent of this chapter to assure the continued attractiveness of the total city environment through the adoption of discretionary controls designed to preserve scenic, aesthetic, and economic values within the city. It is further determined that signs lawfully erected and maintained under the provisions of this chapter are consistent with customary usage.

(1) Recognize the proliferation of signs is unduly distracting to motorists and non-motorists travelers, reduces the effectiveness of signs directing and warning the public, causes confusion, reduces desired uniform traffic flow and creates the potential for vehicular crashes;

(2) Prevent signs that are potentially dangerous to the public because of structural deficiencies or disrepair;

(3) Require signs to conform to the city character and scale and reduce visual pollution caused by a proliferation of signs which could diminish the city’s image, property values, and quality of life;

(4) Recognize that the principal intent of commercial signs, to meet the purpose of these standards and serve the public interest, should be for identification of an establishment on the premises, and not for advertising special events, brand names or off-premise activities; alternative channels of advertising communication and media are available for advertising that does not create visual blight and compromise safety of the motoring public;

(5) Enable the public to locate goods, services and facilities without excessive difficulty and confusion by restricting the number and placement of signs;

(6) Prevent placement of signs that will conceal or obscure signs of adjacent uses;

(7) Protect the public right to receive messages, especially noncommercial messages such as religious, political, economic, social, philosophical and other types of information protected by the First Amendment of the United States Constitution

(8) Achieve a substantial government interest for public safety, aesthetics and protection of property values;

(9) Maintain and improve the image of the city by encouraging signs that are compatible with and complimentary to related buildings, uses and adjacent streets through the establishment of limited discretionary standards and specific standards for various commercial areas in the city; and

(10) To prohibit all signs that are not expressly permitted under this chapter.

(Ord. 2003-99, passed 9-8-2003)

§ 1187.02 GENERAL PROVISIONS.

(a) Scope of requirements. It shall be unlawful for any person, firm or corporation to erect, construct or alter any sign in the city except in conformance with the provisions of this chapter, subject to issuance of a permit, except as otherwise provided herein.

(b) Location; setback requirements.

(1) All freestanding signs shall be set back a minimum of ten feet from the right-of-way as shown on the City of Mason Thoroughfare Plan, unless otherwise exempted.

(2) Signs shall be setback at least three feet from the closest edge of any parking lot to protect signs from vehicular encroachment.

(3) Freestanding signs in nonresidential zoning districts shall be located no closer than 50 feet to any residential zoning district. Freestanding signs in residential districts located on a nonresidential property shall be located no closer than 50 feet to any property line used for residential purposes.

(4) All signs shall comply with § 1171.09.

Figure 1187.02A Sign Setbacks

(1) General requirements. All signs shall be designed and constructed in a safe and stable manner in accordance with the Building Code and other applicable codes. All electrical wiring associated with a freestanding sign shall be installed underground.

(2) Framework. All signs shall be designed so that all internal support framework is contained within the sign or behind the face of the sign or within the building to which it is attached so as to be totally screened from view.

(d) Sign area, setback and height measurements.

(1) Sign area measurements. Sign area shall be computed as follows.

A. General requirements. Where a sign consists of a generally flat surface or sign face on which lettering and other information is affixed, the sign area shall be computed by measuring the entire face of the sign, including any frame which forms an integral part of the sign display (see Figure 1187.02B).

B. Individual letters. Where a sign consists of individual letters and logo affixed directly to a building, the area of the sign shall be computed by measuring the area of the rectangular envelope required to enclose the lettering and logo.

C. Freestanding sign. The area of a freestanding sign shall be computed by measuring the entire

vertical surface of a face upon which the letters and logo are attached. The area of a double-faced freestanding sign shall be computed using only one face of the sign provided that:

1. The outline and dimensions of both faces are identical; and

2. The faces are back-to-back so that only one face is visible at any given time.

Figure 1187.02B Sign Area Measurements

(2) Setback and distance measurements. The following guidelines shall be used to determine compliance with setback and distance measurements.

A. The distance between two signs shall be measured along a straight horizontal line that represents the shortest distance between the two signs.

B. The distance between a sign and a parking lot or building shall be measured along a straight horizontal line that represents the shortest distance between the sign and the outer edge of the parking lot or building.

C. The distance between a sign and a property line shall be measured along a straight horizontal line that represents the shortest distance between the sign and property line.

D. The distance between a sign and a right-of-way line shall be measured along a straight horizontal line that represents the shortest distance between the sign and right-of-way line.

(3) Height measurements. Sign height shall be computed as follows.

A. The height of a freestanding sign shall be determined by measuring the vertical distance between the top part of the sign or its structure or frame, whichever is highest, to the elevation of the ground directly beneath the sign or the elevation of the street centerline of the road that the sign fronts on, whichever is lowest (see Figure 1187.02C). In the event that the sign height is less than allowed under this chapter due to the differences in elevation between the street centerline and the ground beneath the proposed sign, the applicant may request a sign height determination from the Zoning Board of Appeals. The Zoning Board of Appeal’s determination may not exceed the maximum permitted height of a freestanding sign as regulated in this chapter.

Figure 1187.02C Freestanding Sigh Height Measurements

B. The height of an awning, canopy, marquee, window, wall or projecting sign shall be determined by measuring the vertical distance between the top part of the of a sign letter, symbol, panel or frame, whichever is highest to the elevation of ground underneath the sign (see Figure 1187.02D).

C. Any material whose major function is to provide structural support for a sign shall be considered part of the sign for purposes of determining sign height.

Figure 1187.02D Window, Awning, Projecting and Wall Sign Height Measurements

(e) Illumination.

(1) General requirements. Signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, except for all signs located in the B-l Central Business District, which shall be externally lit.

(2) Non-glare, shielded lighting. Use of glaring, unshielded or undiffused lights or bulbs shall be prohibited. Lights shall be shielded so as not to project onto adjoining properties or thoroughfares.

(3) Traffic hazards. Sign illumination that could distract motorists or otherwise create a traffic hazard shall be prohibited.

(4) Bare bulb illumination. Illumination by bare bulbs or flames is prohibited.

(5) Intensity. Illumination resulting from all signs and sign lighting on any property in a nonresidential zoning district shall not exceed one-half foot candles at a height of five feet when measured at any point on property in a residential zoning district or at any point on any road right-of-way.

(f) Sign design features.

(1) The following standards shall apply to all signs.

(2) All signs shall be designed, constructed, and maintained so as to compliment the construction materials and architectural style of the principal structure on the lot and to prevent nuisances and distractions to motorists.

A. Location. Signs shall not cover architectural details such as arches, transom windows, doors, moldings, columns, capitals, sills, cornices and similar details.

B. Material. Sign materials shall compliment the construction materials and architectural style of the building facade.

C. Lettering style. Lettering style shall be clean and simple to assure readability (see Figure 1187.02E).

D. Colors. Colors used on any sign should be in harmony with the building color and architecture.

E. Text lines. The amount and number of text and text lines on any sign should be kept to a minimum to aid in effective communication and to prevent a nuisance (see Figures 1187.02E and 1187.02F).

Figure 1187.02E Appropriate Lettering Style and Number of Text Lines

Figure 1187.02F Example Multi-Tenant Ground Sign

(g) Treatment of existing signs.

(1) Maintenance.

A. Repair and preservation. All signs and sign structures shall be kept in repair and in a proper state of preservation.

B. Sanitation/landscaping. Property surrounding any freestanding sign shall be kept clean, sanitary and free from obnoxious and offensive substances, weeds, debris, rubbish and flammable material. All plant materials and other landscaping surrounding a freestanding sign shall be maintained on a regular basis, including pruning, mowing, watering, fertilizing and replacement of dead and diseased materials.

(2) Inspection of existing signs. The Building Official shall have the authority to routinely enter onto property to inspect existing signs for compliance with this chapter. In conducting the inspections, the Building Official shall determine whether the sign is compliant with the City Building Code. The sign owner shall be notified of any defects or deferred maintenance requiring corrective action in writing.

(3) Correction of defects. If any sign reaches a state of disrepair and is deemed unsightly or unsafe or abandoned by the Zoning Administrator and is not properly renovated within 30 days, it shall be condemned and an order issued for its immediate removal by sign erector, owner of the sign, or owner of the land.

(4) Removal of signs.

A. Public nuisance. Signs that exhibit a material defect or lapse of maintenance to an extent that the sign jeopardize public safety shall be deemed a nuisance by the Building Official or his or her designee and be removed immediately at the expense of the property owner. The Building Official or his or her designee may have the sign removed by private contractor. Costs associated with the sign removal shall be a debt owed to the city by the owner of the sign. The city may assess the costs to remove the sign on the property owner’s taxes.

B. Abandoned signs. Any sign face or copy that no longer identifies a business that is in operation, or that identifies an activity or event that has already occurred, shall be considered abandoned and shall be removed by the owner, agent or person having use of the building or structure. Upon vacating a commercial or industrial establishment, the property owner shall be responsible for removal of all non-permanent signs and sign copy used in conjunction with the business. The property owner shall paint over painted wall signs so the original sign is not visible and completely blocked. The entire wall shall be painted if the color of paint used to block out the painted wall sign does not match the color of the wall.

C. Unlawful signs. Signs that are erected without an approved permit or erected in a manner different than approved shall be unlawful and removed by the owner, agent or person having use of the building, structure or unit. The Zoning Administrator may fine the sign owner or property owner where an unlawful sign is located as permitted in § 1135.99. The Zoning Administrator may use all remedies provided for by law to bring the unlawful sign into compliance or to have the sign removed.

D. Signs placed in city right-of-way. Signs placed in the city’s right-of-way without previous approval by City Council will be immediately removed by the Zoning Administrator. All expenses incurred by the city when removing the illegally placed signs will be the responsibility of the sign owner.

(Ord. 2003-99, passed 9-8-2003)

§ 1187.03 NONCONFORMING SIGNS.

(a) Any signs erected prior to the enactment of this chapter and not conforming to the provisions of this chapter shall be deemed to be nonconforming. This shall not prohibit the posting or maintaining in a safe condition any sign which is nonconforming.

(b) Any nonconforming sign which is relocated or replaced shall comply with all provisions of this chapter.

(c) Any nonconforming sign which has not been used for a continuous period of six months for any reason shall not be rebuilt, re-erected, relocated, or reused unless or until it is made to comply with the standards of this chapter and the Building Code.

(d) Normal maintenance shall be permitted, provided that any nonconforming sign that is destroyed by any means to an extent greater than 50% of the sign’s pre-catastrophe fair market value, exclusive of the foundation, shall not be reconstructed. Normal maintenance shall include painting of chipped or faded signs; replacement of faded or damaged surface panels; or repair or replacement of electrical wiring or electrical devices. A nonconforming sign shall not be structurally altered to prolong the life of the sign.

(Ord. 2003-99, passed 9-8-2003)

§ 1187.04 PERMITS.

(a) Permits required. Building and zoning permits shall be obtained for erection, construction, enlargement, relocation or modification of any size sign, as regulated by the Building Department of the city and this chapter.

(b) Fee. A permit shall require payment of a fee as set in § 205.01. Permits for sign construction shall expire six months from the date they are issued. The applicant can request one 30-day extension. The request for an extension must be filed in writing to the Zoning Administrator at least 15 days prior to the expiration date of the original permit. The fee shall be one-half the amount required for a new permit.

(c) Permit applications. Application for a sign permit shall be made upon forms provided by the Zoning Administrator. The following information shall be required:

(1) Name, address and telephone number of the applicant;

(2) Location of the building, structure or lot on which the sign is to be attached or erected;

(3) A plot plan or site plan showing the position of the sign in relation to the building facade and other existing or proposed improvements on the property such as parking lots, drives and walkways. Permit applications submitted for freestanding signs shall also show nearby buildings, structures, including other signs, property lines, roadways, and adjacent land uses and zoning within 100 feet of the proposed freestanding sign;

(4) A plot plan or site plan showing the sign dimensions, height, area, materials, colors, lettering as it will appear on the completed sign, method of construction, method of illumination and method of attachment to the building or in the ground;

(5) Landscaping proposed around freestanding signs including the amount and type of species utilized. Landscaping shall be designed as to be proportionate to the size of the sign. All plant materials shall comply with the Mason Landscape Code;

(6) Name and address of the person, firm or corporation owning, erecting and maintaining the sign;

(7) Information concerning required electrical connections and electrical permits;

(8) Written consent of the owner or lessee of the premises upon which the sign is to be erected; and

(9) Other information required by the Zoning Administrator and Building Department to make the determination that the sign is in compliance with all applicable laws and regulations.

(d) Issuance of a permit. The applicant shall be given a permit by the Zoning Administrator and Building Department after a complete sign permit application is submitted for the Zoning Administrator’s and Building Department’s review. Sign applications that are not complete or do not meet the minimum standard required in this chapter shall not be approved. The Zoning Administrator shall send to the applicant a notice of the specific ways in which the application is deficient, incomplete or not in compliance with this chapter.

(e) Inspection. All signs for which a permit has been issued shall be inspected by the Zoning Administrator and Building Official when erected. Approval shall be granted only if the sign has been constructed in compliance with the approved plans and applicable Zoning Code and Building Code standards.

(f) Exceptions. A new permit shall not be required for ordinary servicing or repainting of an existing sign, cleaning of a sign or changing of the message on the sign where the sign is designed for the changes (such as lettering on a marquee or numbers on a gasoline price sign). Replacement of the plastic face shall be included as an exempt operation provided that it is due to a change caused by breakage and/or deterioration of the face, but not for the substitution of a new or different advertiser. Furthermore, a permit shall not be required for certain signs listed in § 1187.05.

(Ord. 2003-99, passed 9-8-2003)

§ 1187.05 SIGNS AUTHORIZED WITHOUT PERMITS.

(a) Government signs for control of traffic and other regulatory purposes, street signs, warning signs, railroad crossing signs and signs for the purpose of public safety or signs associated with city government functions;

(b) Flags, emblems and insignia of any governmental agency. Lots zoned residential shall have no more than two flags and one flag pole. Nonresidential zoned lots shall have no more than four flags and three flag poles;

(d) Two on-site directional signs without commercial messages, logos, commercial information or other forms of advertising. Directional signs shall not exceed four square feet in area, or 30 inches in height;

(e) Signs that designate a site, building, facility or portion thereof as barrier-free;

(f) Address numbers with a numeral height no greater than six inches for residences and 12 inches for businesses;

(g) Identification signs not to exceed two square feet;

(h) Incidental exterior window signs (see definition in § 1133.140), provided that total of all signs shall not exceed four square feet;

(i) Real estate and “open house” signs with an area no greater than six square feet in area advertising the sale, rental or lease of that particular property;

(j) “No Trespassing,” “Help Wanted” and “No Dumping” or similar signs with an area no greater than two square feet. Signs two square feet or smaller are allowed without a permit. Applicants wishing to install a sign larger than two square feet are required to obtain a sign permit;

(k) Permanent signs on fuel pumps, automatic teller machines (ATM) or ice containers or similar devices indicating only the contents and operational instructions for the devices, provided that the sign area for each device shall not exceed four square feet;

(l) Works of art that do not include a commercial message;

(m) Any sign inside a building, not attached to a window or door that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which the sign is located;

(n) Signs required or specifically authorized for a public purpose by any law, statute or chapter; which may be of any type, number, area, height above grade, location, illumination or animation, required by the law, statute or chapter under which the signs are erected; and

(o) Traffic control signs on private property, such as “Stop,” “Yield” and similar signs, the faces of which meet Ohio Manual of Uniform Traffic Control Devices standards and which contain no commercial message of any sort.

(Ord. 2003-99, passed 9-8-2003)

§ 1187.06 PROHIBITED SIGNS.

(a) No signs shall be attached or otherwise applied to trees, bus shelters, utility poles, benches, trash receptacles, vending machines or any other unapproved supporting structure or otherwise placed in the public right-of-way, except signs that meet the standards of the Ohio Manual of Uniform Traffic Control Devices or as approved by City Council;

(b) Pennants, streamers, festoons, spinners, balloons, balloon signs and similar type devices;

(d) Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure, except where permitted under this chapter;

(e) Projecting signs, except in the B-1 Central Business District. No projecting sign shall extend above the wall or parapet of a building to which it is affixed;

(f) All blinking, flashing or intermittent lighting;

(g) Moving, revolving or rotating signs;

(h) Off-premise advertising signs except where expressly permitted in this chapter;

(i) Roof signs;

(j) Portable signs, except where expressly permitted in this chapter;

(k) Any sign which makes use of the words “Stop,” “Look” or “Danger,” or any other words, phrases, symbols or characters, in a manner as to interfere with, mislead or confuse traffic;

(l) Any sign containing obscene, indecent or immoral matter;

(m) Real estate signs no longer valid due to the sale, rental or lease of the property;

(n) String lights used for commercial purposes, other than holiday decorations which must be mounted on the principal structure on the lot;

(o) Signs affixed to a parked motor vehicle or trailer which is being used principally for advertising purposes, rather than for transportation purposes, on public or private property;

(p) Any sign not expressly permitted;

(q) Abandoned signs;

(r) The tacking, pasting or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of buildings, barns, sheds, on trees, poles, posts, fences or other structures is prohibited unless otherwise permitted by this chapter;

(s) The permanent use of searchlights shall be prohibited. Searchlights shall be considered temporary signage;

(t) LED and electronic message boards, except as otherwise permitted for electronic gasoline price signs in the B-2, Shopping Center District, and the B-3, Road Service Commercial District;

(u) Temporary signs with changeable copy;

(v) Neon signs where the tubing is exposed on all sides; and

(w) Portable changeable copy signs.

(Ord. 2003-99, passed 9-8-2003; Ord. 2015-89, passed 9-28-2015)

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