§ 153.166 USE UNIT 21 BUSINESS SIGNS AND OUTDOOR ADVERTISING.
   (A)   Description. Business (on-premises) signs and outdoor advertising (off-premises and billboard) signs. (See Appendix C: Zoning Sign Standards for summary of requirements.)
   (B)   Included uses. Business (on-premises) signs and outdoor advertising (off-premises and billboard) signs.
   (C)   General location requirements.
      (1)   A sign may not be erected or placed in any district with the exception of those signs listed in divisions (D)(2) and (K) of this section until an improvement location permit has been issued by the Area Plan Commission and written consent has been obtained from the owner or lessee of the premises on which the display is located. Items needed for an improvement location permit include a plot plan showing the exact location of the display relative to property (right-of-way) lines, and frontal elevation showing the size and height above the street.
      (2)   Street setback. Signs or portions thereof shall not be permitted in the right-of-way of any street or area designated as a future street under any circumstances except authorized traffic signals, signs or devices.
      (3)   Intersection setback. Signs shall not be located within 25 feet from the intersection of the right-of-way lines of two streets or from the intersection of street pavement and a railroad track. If there is no dedicated roadway right-of-way, the right-of-way is assumed to be based on the applicable roadway functional class as if the roadway had been dedicated (being from the street center line 25 feet for a “local street”, 40 feet for a “collector” or “secondary arterial”, 60 feet for a “primary arterial”, and 75 feet for a “divided primary arterial”.
      (4)   Traffic signal clearance. Signs shall not be located in such a manner as to obstruct or obscure or in any manner interfere with any traffic signal light or public warning sign.
      (5)   Obstruction of view. Signs which when located in such a manner so as to prevent any motorists from obtaining a clear view of approaching vehicles for a distance of 500 feet along an expressway or other public right-of-way, are prohibited.
      (6)   Business (on-premises) and/or outdoor advertising (off-premises) signs shall not be located within a 50-foot radius of an R district property line if visible from such property.
      (7)   Flashing signs shall not be located within 200 feet of an abutting R district property line if visible from such district.
      (8)   Flashing signs shall not be located within 50 feet of the edge of pavement of a signaled intersection of two streets or the intersection of a street pavement and a railroad track.
      (9)   The flashing or animated (moving images) portion of any sign shall not be located within one foot of the street right-of-way or ten feet of the edge of pavement, whichever is less, as measured along the ground from the right-of-way line or edge of pavement to a vertical line coinciding with the leading edge of the sign nearest to the public way.
      (10)   Flashing signs shall not use incandescent bulbs with greater than 25 watts illumination, nor use any other color than white, nor use strobe lights of any kind.
      (11)   No sign shall use rotating or revolving beams of light.
      (12)   No sign shall be animated (moving images), including electronic message boards, in the Agriculture, Residential, Office and B-1/CN districts, but may be approved by the Board of Zoning Appeals through a special exception permit in the B-1A/CS, B-2/CG, B-3/CH, CBD, M-1 and M-2 Districts as described in division (N) of this section.
      (13)   Any roof projection, ground, outdoor advertising or portable sign shall maintain a minimum separation of 30 feet from any other roof, projection, ground, outdoor advertising or portable sign.
   (D)   General use conditions.
      (1)   Computation of display surface area. Only one side of a double-faced sign shall be included in the computation of display surface area.
      (2)   Signs not included in computation/display area. The following signs shall not be prohibited by this chapter nor be included in the computation of display surface area.
         (a)   Nameplates, attached to the face of the wall and not exceeding two square feet in surface area.
         (b)   Temporary real estate and construction signs may be located on each arterial street frontage of the development. The sign shall not exceed one half of a square foot for each lineal foot of arterial street frontage; provided, however, that in no event shall the sign be restricted less than 32 square feet or be permitted to exceed 400 square feet of display surface area.
         (c)   Signs which are not visible from a public street.
         (d)   Tablets built into the wall of a building or other structure and used for inscriptions or a memorial tablets or historic markers or for similar purposes.
         (e)   Signs of warning, directive, informational or instructional nature erected by a public utility, franchised transportation company or governmental agency, or endorsed by a local legislative body.
         (f)   Legal notices and street numbers.
         (g)   Election campaign signs.
         (h)   Signs located within a building.
         (i)   Signs not exceeding three square feet of display surface area of a warning, directive or instructional nature, including entrance, exit and restroom signs.
         (j)   Signs which are attached labels of a commodity offered for sale.
         (k)   Flags and insignia of a governmental unit, church or organization.
         (1)   An exempt sign may be illuminated, but may not be flashing or animated.
      (3)   Computation of display surface area. In computing permitted display surface area, the lineal footage of an abutting non-arterial street shall not be combined with the lineal footage of any abutting arterial street which is included in the computation of permitted display surface area. The lineal footage of the street abutting the front of the property shall be used for computation of the surface area of the ground sign and the lineal frontage of the street abutting the side of the property shall only be added to the computation of the surface area if the side street is of equal or higher functional classification.
      (4)   Ground sign setback. Ground signs shall be setback at least one foot from the property line and shall not encroach on the public right-of-way If there is no dedicated roadway right-of-way, the right-of-way is assumed to be based on the applicable roadway functional class as if the roadway had been dedicated (being from the street center line 25 feet for a “local street”, 40 feet for a “collector” or “secondary arterial”, 60 feet for a “primary arterial”, and 75 feet for a “divided primary arterial”.
      (5)   Sign permit. Signs that have not been issued a sign permit shall not be located in any district. Each sign requiring a permit shall display the permit number.
      (6)   Promotional signs. Promotional signs such as tinsel advertising flags, searchlights, balloons and banners shall be placed no earlier than 14 days prior to and removed within seven days after a promotional ends and shall be maintained in a clean, non-offensive, safe and reasonable condition, and not be placed within the street ride-of-way or sidewalk while displayed.
      (7)   Number of sign per lot of record. Except for wall, canopy and promotional business signs, the maximum number or signs per lot of record shall be as follows.
         (a)   B-1/CN, B-1A/CS, B-2/CG, B-3/CH Districts. One per 100 feet of arterial street frontage or fraction thereof.
         (b)   M-1 Districts. One per 150 feet of arterial street frontage or fraction thereof.
         (c)   M-2 District. One per 200 feet of arterial street frontage or fraction thereof.
      (8)   Roof signs. Roof signs are prohibited from and after the effective date of this subchapter. Existing roof signs may continue as regulated by §§ 153.201 through 153.209, Nonconforming Uses. Existing roof signs shall be included in the computation or permitted display surface area, number of signs per lot and spacing of signs.
      (9)   Wall, canopy and projecting signs - height. Wall, canopy and projecting signs shall not exceed above the top of the parquet or building wall oh which it is located; provided, however, that in instances where the height of the parquet or building wall, or where construction or architectural features will not permit a wall sign of at least three feet in height, a wall sign may extend above the parquet or building wall a distance which will permit a sign of at least three feet in height. In no instance shall the wall, canopy or projecting sign be greater than six about the top of the canopy nor be greater in height than a ground sign at that setback distance from the property line.
   (E)   B-1/CN District use conditions.
      (1)   Ground signs shall not exceed 25 feet in height, measured from the mean curb level of the lot upon which it is erected.
      (2)   Wall and canopy signs shall not exceed an aggregate display surface area of three square feet per each lineal foot of the building wall to which the sign or signs are affixed, shall not exceed 20% of the facade area, and shall not exceed an aggregate display surface area of 200 square feet.
      (3)   Other signs, including but not limited to roof, projecting, ground and portable signs (except wall, canopy and promotional business signs), whether permitted as provided herein or nonconforming, shall not exceed an aggregate display, surface area of two square feet per each lineal floor of street frontage if only one such sign is erected; shall not exceed one square foot per each lineal foot of street frontage if more than one such sign is erected; and shall not exceed 200 square feet of face area for any side of any sign regardless of the setback.
      (4)   An unimproved lot may, as a matter or right, erect a real estate sign on each public street front not to exceed 15 feet in height and eight square feet to be setback at least one foot from the front (or side street) property line.
      (5)   Animated (moving image) or electronic message board (changing image) are prohibited in this district.
   (F)   B-1A/CS Districts use conditions.
      (1)   Ground signs shall not exceed 30 feet in height, measured from the mean curb level of the lot upon which it is erected.
      (2)   Wall and canopy signs shall not exceed an aggregate display surface area of three square feet per each lineal foot of the building wall to which the sign or signs are affixed, shall not exceed 20% of the facade area, and shall not exceed an aggregate display surface area of 300 square feet.
      (3)   Other signs, including, but not limited to roof, projecting, ground, and portable signs (except wall, canopy and promotional business signs), whether permitted as provided herein, or nonconforming, shall not exceed an aggregate display surface area of two square feet per each lineal floor of street frontage if only one such sign is erected; shall not exceed one square foot per each lineal foot of street frontage if more than one such sign is erected; and shall not exceed 300 square feet of face area for any side of any sign regardless of the setback.
      (4)   An unimproved lot may, as a matter or right, erect a real estate sign on each public street front not to exceed 15 feet in height and eight square feet to be setback at least one foot from the front (or side street) property line.
      (5)   If any sign is animated (moving image) or electronic message board (changing image), the sign may be permitted only by the Board of Zoning Appeals through a special exception permit as described in division (N) of this section.
   (G)   B-2/CG Districts use conditions.
      (1)   Ground signs shall not exceed 35 feet in height, measured from the mean curb level of the lot upon which it is erected.
      (2)   Wall and canopy signs shall not exceed an aggregate display surface area of three square feet per each lineal foot of the building wall to which the sign or signs are affixed, shall not exceed 20% of the facade area, and shall not exceed an aggregate display surface area of 500 square feet.
      (3)   Other signs, including, but not limited to roof, projecting, ground, portable and outdoor advertising (off-premises) signs (except wall, canopy and promotional business signs), whether permitted as provided herein, or nonconforming; shall not exceed an aggregate display surface area of three square feet per each lineal floor of street frontage if only one such sign is erected; shall not exceed one and one-half square foot per each lineal foot of street frontage if more than one such sign is erected; and shall not exceed 500 square feet of face area for any side of any sign regardless of setback.
      (4)   An unimproved lot may, as a matter of right, erect outdoor advertising (off-premise) signs not to exceed an aggregate surface area of 500 square feet, if located behind the building setback line, provided that upon the occupancy of any building on the lot, any sign not complying with the display surface area limitations set out above shall be removed within 30 days from such occupancy.
      (5)   Outdoor advertising (off-premises) signs shall also comply with the requirements set forth in division (J) of this section.
      (6)   If any sign is animated (moving image) or electronic message board (changing image), the sign may be permitted only by the Board of Zoning Appeals through a special exception permit as described in division (N) of this section.
   (H)   B-3/CH and M District use conditions.
      (1)   Ground signs shall not exceed 50 feet in height, measured from the mean curb level of the lot upon which it is erected.
      (2)   Wall and canopy signs shall not exceed an aggregate display surface area of three square feet per each lineal foot of the building wall to which the sign or signs are affixed, shall not exceed 20% of the facade area, and shall not exceed an aggregate display surface area of 700 square feet.
      (3)   Other signs, including, but not limited to roof, projecting, ground, portable and outdoor advertising (off-premises) signs (except wall, canopy and promotional business signs), whether permitted as provided herein, or nonconforming, shall not exceed an aggregate display surface area of three square feet per each lineal floor of street frontage if only one such sign is erected; shall not exceed one and one-half square foot per each lineal foot of street frontage if more than one such sign is erected; and shall not exceed 700 square feet of face area for any side of any sign regardless of setback.
      (4)   An unimproved lot may, as a matter of right, erect outdoor advertising (off-premise) signs not to exceed an aggregate surface area of 500 square feet, if located behind the building setback line, provided that upon the occupancy of any building on the lot, any sign not complying with the display surface area limitations set out above shall be removed within 30 days from such occupancy.
      (5)   Outdoor advertising (off-premises) signs shall also comply with the requirements set forth in division (J) of this section.
      (6)   If any sign is animated (moving image) or electronic message board (changing image), the sign may be permitted only by the Board of Zoning Appeals through a special exception permit as described in division (N) of this section.
   (I)   CBD use conditions (signs only by special exception).
      (1)   Ground signs shall not exceed 35 in height, measured from the mean curb level of the lot upon which it is erected.
      (2)   Wall and canopy signs shall not exceed an aggregate display surface area of three square feet per each lineal foot of the building wall to which the sign or signs are affixed, shall not exceed 20% of the facade area, shall not be higher than six feet above the canopy, and shall not exceed an aggregate display surface area of 150 square feet.
      (3)   Other signs, including, but not limited to roof, projecting, ground, and portable signs (except wall, canopy and promotional business signs), whether permitted as provided herein, or nonconforming, shall not exceed an aggregate display surface area of three square feet per each lineal floor of street frontage if only one such sign is erected; shall not exceed one and one-half square foot per each lineal foot of street frontage if more than one such sign is erected; and shall not exceed 150 square feet of face area for any side of any sign regardless of setback.
      (4)   An unimproved lot may, as a matter of right, erect outdoor advertising (off-premise) signs not to exceed an aggregate surface area of 500 square feet, if located behind the building setback line, provided that upon the occupancy of any building on the lot, any sign not complying with the display surface area limitations set out above shall be removed within 30 days from such occupancy.
      (5)   Outdoor advertising (off-premises) signs are prohibited in this district.
      (6)   If any sign is animated (moving image) or electronic message board (changing image), the sign may be permitted only by the Board of Zoning Appeals through a special exception permit as described in division (N) of this section.
   (J)   Use conditions for outdoor advertising (off-premises) signs.
      (1)   An outdoor advertising (off-premises) sign shall be separated a minimum distance of 1,200 feet from any other outdoor advertising sign on the same side of the street and not within a 600 foot radius of any other outdoor advertising sign.
      (2)   Outdoor advertising (off-premises) signs shall not be within 150 feet of a residential or office district.
      (3)   No portion of an outdoor advertising shall be within ten feet of a major thoroughfare.
      (4)   Outdoor advertising signs shall not contain more than two sides, not shall the total display surface area for each side exceed 500 square feet in the B-2/CG District and 700 square feet in the B-3 and M Districts. The two sides shall face in opposite directions. OPPOSITE shall in addition to its ordinary meaning include V-shaped signs when not more than 15 feet separated the open side of the display surfaces.
      (5)   Outdoor advertising signs shall be oriented to be visible from the adjacent major thoroughfare.
      (6)   Outdoor advertising signs shall not exceed 35 feet in height in the B-2/CG District and 50 feet in height in the B-3/CH and M Districts.
      (7)   The aggregate display surface for all ground roof or projecting signs whether business (on-premises) or outdoor advertising (off-premises), shall not exceed the display surface area permitted in the zoning district where located.
      (8)   If an outdoor advertising sign is animated (moving image) or electronic message board (changing image), the sign may be permitted only by the Board of Zoning Appeals through a special exception permit as described in division (N) of this section.
   (K)   Portable signs.
      (1)   Portable signs shall comply with all other provisions of this subchapter. No portable sign shall be placed on a sidewalk. No portable sign shall flash on or off nor be animated, but be of a continuous light.
      (2)   No portable sign shall be permitted in the right-of-way of a public street, any sign situated in the right-of-way of a public street for a continuous period exceeding 24 hours is hereby declared a public nuisance endangering public safety and may be impounded by the Area Plan Commission or any Police Officer of the local jurisdiction.
   (L)   Non-commercial signs. Nothing contained in this subchapter shall prevent the use of the permitted display surface area, in whole or in part, on any sign authorized by the ordinance and wherever located and/or being used non-commercial message.
   (M)   Prohibited signs.
      (1)   Signs that have not been issued a sign permit shall not be located in any district, with the exception of signs in divisions (D) and (K) of this section.
      (2)   Signs or posters affixed to telephone and utility poles, trees, street signs, or other structures in the public right-of-way.
      (3)   A sign placed over or in a public right-of-way, public street right-of-way, or public road.
      (4)   A sign erected at a location where it may interfere with, obstruct the view of, or be confused with a traffic or railroad sign or signal, or oncoming traffic, or where it would pose a traffic hazard.
      (5)   Display lights resembling danger, emergency or traffic signal lights.
      (6)   Use the words “stop”, “danger”, or “look” or any other words which would confuse traffic.
      (7)   Use rotating or revolving beams of light.
      (8)   Signs which move or rotate, or which have moving parts or pieces.
      (9)   Animated (moving images) or electronic message boards (changing images) unless approved by the Board of Zoning Appeals through a special exception permit per division (N) of this section.
      (10)   Strobe lights.
      (11)   Placement or projection of a sign nearer than one-foot of a street right-of-way line or assumed right-of-way based on the functional class of the road if there is no dedicated right-of-way.
   (N)   Animated (moving images) or electronic message board (changing imaged) signs.
      (1)   Business (on-premises) signs or outdoor advertising/billboard (off-premises) signs that are animated (moving images) or have electronic message boards (changing images) shall only be permitted through a special exception permit approved by the Board of Zoning Appeals.
      (2)   Moving images or changing images shall not change more frequently than eight second intervals.
      (3)   (a)   During daylight hours between sunrise and sunset, luminance shall be no greater than 5,000 nits.
         (b)   At all other times, luminance shall be no greater than 250 nits.
         (c)   Each sign must have a light sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change to comply with the limits set forth herein.
      (4)   Such meet all other applicable conditions as set forth in this section.
(Ord. 12-16, passed 8-8-12; Am. Ord. 19-11, passed 6-20-19)