Unless otherwise specifically stated, the following regulations shall apply to all signs within the City:
(a) Permanent signs shall be constructed in compliance with all applicable regulations of the City or State's applicable building, fire, or electrical codes, as may be applicable.
(b) No sign or sign structure shall be placed on private or public property without the written consent of the owner or agent thereof.
(c) No sign or sign structure shall be erected at any location where it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device.
(d) No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used in connection with any sign display.
(e) No sign shall obstruct or interfere with fire ingress or egress from any door, window, or fire escape, nor shall it obstruct or interfere with traffic or traffic visibility, or resemble or imitate signs or signals erected by the City or other governmental agency for the regulation of traffic or parking.
(f) No part of a sign shall have animation, moving parts, flashing lights or changing colors unless specifically permitted in division (l) of this section.
(g) All signs shall be secured in such a manner as to prevent swinging or other significant noticeable movement, not including movement related to electronic message centers.
(h) Unless otherwise specifically stated, all permanent signs hereafter erected, constructed or modified shall be set back at least five feet from all rights-of-way and in all cases shall comply with § 1208.05.
(i) A sign in dangerous or defective condition, as determined by the Chief Building Official, shall not be permitted on any premises. The Chief Building Official 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 danger to persons or an immediate threat of the destruction of property due to structural deficiencies, inadequate maintenance, improper installation, or because of the location of the sign.
(j) Signs, sign posts, or sign mounting hardware which are no longer functional, or are abandoned, shall be removed in compliance with the provisions of this code, within 90 days following such dysfunction or abandonment. For purposes of this section, "abandoned" means the owner or user of the sign has completely given up the use of the sign for the purpose it was intended as ascertained by the reasonable investigation and inquiry of the Development Code Administrator.
(k) Signs in rights-of-way.
(1) Signs shall be prohibited in the right-of-way with the exception of:
A. Signs installed by the City, Butler or Warren Counties, State of Ohio, or approved transit agency that are allowed pursuant to the latest version of the Manual on Uniform Traffic Control Devices (MUTCD);
B. Any warning signs or traffic safety signs required by public utility providers; or
C. Sidewalk signs as allowed in § 1220.09.
(2) Any sign to be installed in the right-of-way by an agency other than the City shall require prior approval of the City Engineer.
(3) The Development Code Administrator may remove or cause to be removed any unlawful sign in the public right-of-way.
(l) Changeable copy signs.
(1) For any sign that has a sign area of 50 square feet or less of sign area, up to two-thirds of a permitted freestanding sign may incorporate a changeable copy sign.
(2) For any sign that exceeds 50 square feet in area, up to 50% of the sign may incorporate a changeable copy sign.
(3) The following standards shall apply to all electronic message centers allowed in this chapter:
A. Electronic message centers are prohibited in the UC-C and UC-S Subdistricts;
B. Electronic message centers are permitted in residential zoning districts only for lots used for public and institutional uses that have a lot area of five acres or more. Signs with electronic message centers in residential districts shall be set back 75 feet from any adjacent residential lot line;
C. Any message change shall be a static, instant message change;
D. Messages can only change once every eight seconds or more;
E. The transition time between messages shall be less than one second;
F. All electronic message centers shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions;
G. Only light emitting diodes (LED) technology or similar quality signs shall be permitted for electronic message centers; and
H. Brightness controls.
1. The electronic message center shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions.
2. The brightness level shall not increase by more than 0.3 foot candles (or 3.23 lumens per square meter or lux) (over ambient levels) as measured using a foot candle meter at a pre-set distance.
3. The procedure and distances for measurement of brightness shall be as established by the International Sign Association's Recommend Night-time Brightness Levels for On-Premise Electronic Message Centers.
(m) Illumination.
(1) All signs, except as specifically stated in this chapter, may be illuminated by internal or external light sources, provided that such illumination shall:
A. Be shielded from all adjacent residential buildings and all streets;
B. Not have an intensity to cause glare visible to pedestrians or vehicle drivers, nor shall the illumination be of such brightness as to cause reasonable objection from adjacent residential districts; and
C. No illuminated sign shall be permitted if any part of the sign flashes on or off, has lighting that moves or illustrates movement, or displays changing degrees of intensity in illumination. This regulation applies to signs located outside of buildings and to window signs inside buildings that can be seen from the outside. This prohibition on flashing, moving, or intermittent lighting shall not apply to permitted electronic message centers in division (l) of this section.
(2) Signs shall not be lighted so as to obstruct traffic control or other public information signs.
(n) Prohibited signs. The following types of signs are specifically prohibited within the City:
(1) Vehicle signs viewed from a public road with the primary purpose of providing signage not otherwise allowed by this code. Vehicle signs include those attached to or placed on a vehicle or trailer. Vehicles or trailers shall not be parked continuously in one location to be used primarily as additional signage. This does not apply to a vehicle parked at a driver's residence and is the primary means of transportation to and from his or her place of employment;
(2) Signs that are applied to trees, bus shelters, utility poles, benches, trash receptacles, newspaper vending machines or boxes, or any other unapproved supporting structure, or otherwise placed in the public right-of-way;
(3) Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure unless specifically permitted as a temporary sign;
(4) Signs that employ any parts or elements which revolve, rotate, whirl, spin or otherwise make use of motion to attract attention;
(5) Beacons and searchlights, except for emergency purposes; and
(6) Signs mounted above the roofline of a building.
(7) Deteriorated signs that are unsafe and or insecure;
(8) Abandoned signs;
(9) Windblown devices, not including projecting signs;
(10) Blade/feather signs;
(11) Signs that obstruct or substantially interfere with any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress to any building;
(12) Balloon signs or air activated signs; and
(13) Any sign not specifically allowed by this chapter.
(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2020-47, passed 10-6-2020; Am. Ord. O2021-73, passed 9-21-2021)