A sign shall be designed, erected, altered, reconstructed, moved and maintained in accordance with the provisions of this Chapter 1293 of this Zoning Code unless specifically modified by another section of this Zoning Code.
(a) Permits Required. A sign permit shall be obtained for the erection, construction, relocation, or alteration of any sign unless exempted herein. A sign shall comply with all City of Miamisburg zoning, building, electrical and fire regulations and all county and state building, electrical and fire codes.
(b) Location of Signs. All signs shall be erected in conformity with the respective zoning district yard requirements unless otherwise specified. No sign shall be erected so as to prevent free ingress or egress from any door or window or any other exit way of a premise. No sign shall be attached to a standpipe, gutter drain or fire escape, nor shall any sign be erected so to impair access to a roof.
(c) Construction of Signs. The construction, installation, erection, anchorage and maintenance of all signs shall be subject to the regulations of the Uniform Building Code or any other standard applicable to the City. All electrical wiring associated with freestanding signs shall be installed underground.
(d) Maintenance of Signs. Every sign, whether requiring a sign permit or not, shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of a defective part, painting, cleaning, bulb replacements and other acts required for the maintenance of said sign. All signs, including all metal parts and supports thereof that are not galvanized or of rust-resistant materials shall be kept neatly painted.
The enforcement officer is authorized to inspect and may order the painting, repair, alteration, or removal of a sign that constitutes a hazard to safety, health, or public welfare because of inadequate maintenance, dilapidation, abandonment, or obsolescence under the procedures prescribed by Sections 1293.16 and 1293.17 of this chapter. Notwithstanding any other provision of this chapter, any temporary sign that is constructed of lightweight wood and cardboard, or of wire frame and plastic or similar material, is deemed to have a lifespan of sixty days, after which time, such temporary sign is deemed to be dilapidated and shall be replaced or become subject to removal pursuant to Sections 1293.16 and 1293.17.
(e) Dangerous or Defective Signs. A sign in dangerous or defective condition shall not be permitted on any premise. Any such sign shall be removed or repaired. The City Manager or designee may immediately remove or cause to be removed any dangerous or defective sign which, in the opinion of the Chief Building Official, creates an immediate and potential danger to persons or property due to structural deficiencies, inadequate maintenance, or because of the location of the sign.
(f) Removal of Unlawful Signs in the Public Right-of-Way. The City Manager or designee may remove or cause to be removed any unlawful sign in the public right-of-way. Such signs will be destroyed or disposed of within five days of removal unless claimed by owner.
(g) Sign Location with Respect to Frontages. Sign area permitted by the virtue of a premise having lot frontage or building frontage shall be located only along that frontage which generated the permitted sign area. Excess sign area for building signs not utilized on a building frontage wall may be placed on any non-frontage wall provided that said sign will not be viewed primarily from residential property and provided that such sign(s) transferred to an alternative building wall not exceed a total size 75 square feet in sign area.
(h) Non-Commercial Messages. Non-commercial information may be conveyed by any sign permitted under this chapter.
(i) Commercial Messages. All commercial information conveyed by any sign permitted under this Zoning Code must pertain to the premises on which the sign is located.
(j) Changeable Copy. Up to seventy-five percent of any freestanding or wall sign may be comprised of changeable copy, including electronic message centers, subject to other sign provisions herein. Changeable copy shall not be integrated or added to any other sign types. Changeable copy shall not be included on temporary signs. A changeable copy sign shall be integrated into the face of a freestanding or wall sign by use of a border or similar design treatment that provides a visual linkage to the rest of the sign. See Section 1293.08
(k) for further standards for electronic changeable copy signs.
(k) Electronic Message Center Signs.
(1) Brightness. Electronic message centers may emit illumination up to but not exceeding intensity levels of 5,000 nits (candelas per square meter) during daylight hours and 500 nits (candelas per square meter) between dusk and dawn as measured from a sign face at maximum brightness. The applicant shall provide a certificate of maximum illumination before a sign permit application is officially approved. In addition, an electronic message center shall have illumination dimming technology to assure daytime and nighttime levels are not exceeded.
(2) Brightness control. Any illumination levels shall be preset by the manufacturer not to exceed the illumination levels stated above and is protected from end use manipulation of illumination levels by software or other means approved by the Development Department or appointed designee. Manufacturer certification shall be required as a part of a sign permit request for an electronic message center.
(3) Malfunctions. A default message shall be programmed to automatically freeze in one static position once a malfunction occurs.
(4) The electronic display color, lettering, logos, pictures, illustrations, symbols, and any other electronic graphic shall not change at intervals less than every eight seconds.
(5) Except for permitted transition from one static frame to another static frame, electronic message center signs shall not change color, blink, flash, rotate, scroll, change in illumination intensity, or otherwise change in outward appearance; contain visual effects such as fading dissolves; or use any frame entrance, exit or hold effects or background animation.
(6) Residential District Proximity. Electronic message center signs located within 150 feet of any residential use shall not exceed twenty square feet in size.
(l) Sign Illumination. All signs, except as specifically stated in this chapter, may be illuminated by internal or external light sources, provided that the following standards are met:
(1) Illumination sources shall be shielded from all adjacent residential buildings and streets through either the placement of the sign, landscaping, the sign structure, or some combination; and
(2) Illumination sources shall not have an intensity to cause objectionable glare visible to pedestrians or drivers, nor shall the illumination be of such brightness to cause reasonable objection from adjacent residential uses and/or districts;
A. Should such illumination sources cause objectionable glare or cause reasonable objection, the owner shall do one or more of the following:
1. Decrease the intensity of the illumination to a level that is not objectionable as may be determined by an authorized representative of the City or the Development Department;
2. Extinguish the illumination during the hours of 10:00 p.m. and 7:00;
3. Relocate the sign to a location where the illumination sources are not objectionable as may be determined by an authorized representative of the City or the Development Department;
4. Install landscaping and/or screening sufficient to eliminate the objectionable intensity of illumination.
(3) No colored lights shall be used in a location or manner as to be confused with traffic control devices or vehicular traffic.
(4) Automatic dimming technology. Illuminated signs installed after the effective date of this Chapter are encouraged to incorporate automatic dimming technology which dims the illumination source as the ambient light changes throughout the day so as to diminish risks associated with the aforementioned sign illumination standards.
(5) No sign shall incorporate movement or the illusion of movement. Any illuminated sign or lighting device shall employ only light emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights, or incorporate reflective materials which imitate or create the illusion of flashing or moving lights.
(6) For illumination standards specific to electronic reader boards, refer to Section 1293.08(k).
(Ord. 6717. Passed 5-1-18; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20.)