(a) Certain terms are defined for the purposes of this Sign Code as found in this section. When because of the characteristics of a sign more than one definition may apply, the definition shall apply that best meets the intent of this Sign Code as determined by the Administrator. As a general rule, where a matter of interpretation arises, the more specific definition or higher standard should prevail.
Abandoned Sign - A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, activity or message, and/or for which no legal owner can be found.
ADA - Americans with Disabilities Act.
Administrator - The Sign Code Administrator of the City or his or her designated representative.
Area - (see "Sign, Area of")
Awning - A shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework (compare "Marquee").
Banner Sign - A sign made of fabric or any nonrigid material with no enclosing framework.
Billboard - A sign which advertises an establishment, merchandise, service or entertainment, or which promotes a message, which is displayed on a fixture made of wood, metal, or other material designed to present one or more surfaces and designed for outdoor display and which contains more than 150 square feet of sign surfaced area.
Building - A structure designed to be used as a place of occupancy, storage, or shelter.
Canopy - A rigid multi-sided structure covered with fabric, metal or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities.
City - Unless the context clearly discloses a contrary intent, the word "City" shall mean the City of Napoleon, Ohio.
Clearance (of a Sign) - Unless otherwise specifically specified in this Sign Code, the smallest vertical distance between the grade of the adjacent street, highway, or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
Clear View Zone - The area being that portion of a corner lot closest to the intersection of two streets, or one street and one driveway, which is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. Twenty feet on each street front and drawing a line across the two back points to form a triangulated area.
Double-Faced Sign - A sign with two faces, essentially back-to-back.
Decoration - (see “festoons”.)
Electric Awning Sign - (also "Back Lit Awning") An internally illuminated fixed space-frame structure with translucent, flexible reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.
Facade - The entire building front including the parapet.
Festoons - A string of ribbons, tinsel, small flags, pinwheels or the like.
Freestanding Sign - A sign supported permanently upon the ground by a pole and/or braces and not attached to any building.
Frontage - The length of the front property line of any one premise along a public right-of-way on which it borders.
Government Sign - Any temporary or permanent sign erected and maintained by the City, County, State, or Federal government for traffic direction or for designation of or direction to any school, hospital, historical site or public service, property or facility. Also any sign promoting an organization, facility, park, recreational area, or recreational function which is operated or owned by the government. Finally, any sign placed on public property by the City.
Height (of a Sign) - Unless otherwise specified in this Sign Code, the vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less (compare "Clearance").
Identification Sign - A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
Illuminated Sign - A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
In Total Sign Area - The combined square feet of all signs located upon a lot regardless of the type or regulation status.
Lot - A parcel of land legally defined on a subdivision map recorded with the Assessment Department or Land Registry Office, or a parcel of land defined by a legal record or survey map.
Maintenance - The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.
Mansard - A sloped roof or roof-like facade architecturally comparable to a building wall.
Marquee - A permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building (compare "Awning").
Monument Sign - A sign mounted directly to the ground having at least one pole on each side or having a base being greater than four feet wide or a combination thereof.
Multiple-Faced Sign - A sign containing three or more faces, not necessarily in back-to-back configuration.
Nameplate - A nonelectric on-premise identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
Nonconforming Sign - A sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations.
Nonconforming Sign/ Legal - A sign which does not conform to the Sign Code requirements, but for which a valid permit or variance was issued by the City, or a sign that complied with all applicable laws on the date of adoption of this Sign Code.
Nonilluminated Sign - A sign without an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
Occupancy - The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
Owner of Sign - A person recorded as such on official records or the owner of the lot on which a sign is located unless facts to the contrary are officially recorded or otherwise brought to the attention of the Administrator, e.g., a sign leased from a sign company.
Parapet - The extension of a false front or wall above a roofline.
Person - Any individual, corporation, association, firm, partnership, or similarly defined interest.
Point of Purchase Display - Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser, tire display, etc.
Pole Cover - Cover enclosing or decorating poles or other structural supports of a sign.
Political Sign - A temporary sign used in connection with a local, State, or national election or referendum.
Portable Sign - Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building, not to be construed as a temporary sign, temporary special event sign, temporary and easily removable 1st Amendment sign or yard sign.
Premises - A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
Projecting Sign - A sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure.
Roofline - The top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections.
Roof Sign - Any sign erected over or on the roof of a building (compare "Mansard," "Wall Sign").
Sidewalk Sign - A movable sign that is placed on or along the sidewalk area.
Sign - Any device, structure, fixture or placard using graphics, symbols and/or written copy for the primary purpose of identifying, providing directions or advertising any establishment, product, goods, services or message. Not to be construed as a newspaper, magazine or like publication.
Sign, Area of -
(a) Freestanding - For sign area calculation, the area of a freestanding sign shall have only one side of any double-faced sign or multiple faced sign counted in calculating its area. The area of the sign shall be measured as follows if the sign is composed of one or more individual cabinets.
(1) A rectilinear line of not more than eight sides shall be drawn around and enclosing the perimeter of each cabinet or module. The area shall then be summed and totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, support structure, etc., provided that there is no written advertising copy on such embellishments.
(b) Wall Sign - The area shall be within a single, continuous perimeter composed of any rectilinear line geometric figure which encloses the extreme limits of the advertising message. If the sign is composed of individual letters or symbols using the wall as the background with no added decorations, the total sign area shall be calculated by measuring the area within the perimeter of each symbol or letter. The combined areas of the individual figures shall be considered the total sign area.
Snipe Sign - A temporary sign or poster affixed to a tree, fence, etc.
Subdivision Identification Sign - A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
Temporarily and Easily Removal 1st Amendment Signs - Signs containing speech protected by the First Amendment of the United States Constitution, such as: political signs, signs or inflatable balloons utilized by union protestors as part of a demonstration being placed in the public right-of-way, normally less than thirty days (not to be construed as commercial signs for advertisement of goods, merchandise, or services).
Temporary Sign - A sign not constructed or intended for long-term use, normally less than thirty days.
Temporary Special Event Sign - Temporary signs, banners, pennants, festoons, attached balloons or other things used for advertising purposes and used in connection with special events.
Under-Canopy Sign - A sign suspended beneath a canopy, ceiling, roof, or marquee.
Use - The purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.
Wall Sign - A sign attached essentially parallel to and extending not more than twenty-four inches from the wall of a building with no copy on the sides or edges. This definition includes painted, individual letter, cabinet signs, and signs on a mansard.
Window Sign - A sign installed inside a window and intended to be viewed from the outside.
Yard Sign - A sign designating a yard or garage sale or real estate sale, or contractor/architect sign located on the premises where work is being performed or services are or have been rendered or merchandise is being sold, all being six square feet or less in dimension.
(Ord. 047-06. Passed 6-5-06.)
GENERAL PROVISIONS