(a) General.
(1) It is the intent of this Chapter to provide for the placement, location and size of signs in a sensible manner in the interest of promoting the general health, safety and welfare of residents of Newburgh Heights. As more specifically set forth herein, the purposes of these sign regulations are to:
A. Promote and maintain attractive, high value residential, commercial, and industrial districts and public lands and streets by preventing the blighting influence of excessive signage.
B. Provide reasonable, yet appropriate, conditions for identifying residential developments, institutions, public facilities, businesses and industrial establishments.
C. Control the size and location of signs so that signs will be aesthetically harmonious with both their surroundings and the design of adjacent buildings.
D. Control the number of signs in order to provide an attractive and uncluttered environment.
E. Eliminate any conflict which would be hazardous between identification signs and traffic control signs and devices.
F. Ensure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment by discouraging signs which are confusing and distracting due to the number of colors, size, location, or glare of lights, thereby preventing hazards to pedestrians and motorists.
G. Provide review procedures which enable the Village to comprehensively evaluate the appropriateness of the sign to the site, building and surroundings.
H. Provide for the control of temporary signs to avoid the unsafe conditions and blighting influence of excessive and/or deteriorating temporary signage.
I. Prohibit all signs not expressly permitted by this Code.
(2) In establishing these purposes, the Village has determined that signs which do not comply with these regulations are a public nuisance. Unregulated signs are unduly distracting to motorists and pedestrians, and thereby create a traffic hazard and reduce the effectiveness of signs needed to direct the public.
A. The signs of least value to the people of Newburgh Heights are those which carry commercial messages other than the advertisement of any product, service, event, person, institution or business located on the premises where the sign is located.
B. In view of the foregoing, all signs not conforming to the provisions of this chapter are hereby declared a nuisance. It is further declared that the regulations contained in this chapter are the minimum regulation necessary to abate the nuisance and to achieve the purposes of this Chapter.
(b) Establishing Regulations.
(1) Signs shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design, size, location, illumination and other provisions set forth in this chapter.
(2) The construction, erection, safety and maintenance of all signs shall be in accordance with the Village Building Code. The provisions of this chapter shall not amend or in any way interfere with other codes, rules or regulations governing traffic signs within the Village.
(3) As used in this chapter the term "Designated Building Official" refers to the Building Commissioner, Building Inspector or their designees.
(c) Definitions and Classifications.
(1) General Sign Definition. A "sign" means any display, graphic, figure, painting, drawing, placard, poster or other device visible from an outdoor location which is designed, intended or used to convey a message, advertise, inform or direct attention to a person, establishment, institution, organization, activity, place, object, product or service. A "sign" may be a device, structure, fixture, or part thereof, painted on or attached directly or indirectly to another structure.
(2) Classification of Signs by Use Type:
A. Billboard. A sign which is primarily intended to direct attention to a specific business, product, service, entertainment or any activity sold, offered or conducted elsewhere than upon the same lot or premises on which the sign is located and which may contain noncommercial messages.
B. Bulletin board. A sign for the display of announcements of a public or semi-public institution which is located on the grounds of that institution.
C. Business sign. A sign which is primarily intended to advertise the name of the business or establishment, the goods or commodities sold and/or brand names thereof, or services rendered on the lot or premises which the sign is located, and which may, subject to the provisions of this Chapter, contain noncommercial messages. The terms "advertise" and "brand names" distinguish business signs from identification signs.
D. Community identification sign. A temporary or permanent identification or directional sign for the purpose of providing information and directions to the public, quasi-public, religious, educational, and major recreational facilities in the Village.
E. Community special event sign. A temporary sign erected by a public or semi-public body which announces a public function. It may be located in the street right-of-way abutting any type of zoning district upon approval of the Mayor or of his/her designee.
F. Construction sign. A temporary sign directing attention to the promotion, development, construction of a building or subdivision on the parcel of land on which the sign is located and which identifies individuals or businesses involved with the construction. Construction signs shall include temporary home improvement signs.
G. Directional sign. A sign which indicates a direction or a location to which vehicles or pedestrians are requested to move.
H. Identification Sign. A sign primarily intended to identify the name, owner or manager of a building, business, institution, residential development or other use. It may also include the address.
I. Informational sign. A sign not intended to promote a specific business, product or issue but to provide general information to the public on such topics as places for lodging, eating and vehicle service; weather, time, places of historic and natural significance, outdoor recreation and similar information.
J. Instructional sign. An exterior sign that has a purpose secondary to the use on the lot that is intended to instruct employees, customers, visitors or users as to: specific parking requirements; the location or regulations pertaining to specific activities on the site or in the building; security system advisories; specific services offered, or methods of payment accepted. Examples of instructional signs include "Restrooms Inside", "Parking for Customers only", "Parking for Residents only". No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered an Instructional Sign.
K. Memorial sign. A sign indicating the name of a building, the date of construction and/or incidental information about its construction or historical significance, which sign is cut into a masonry surface or made of bronze or other permanent material, and mounted at the time the building was constructed or affixed to the building or premises subsequent to a structure or site being designated as a historical landmark.
L. Menu board. A sign that identifies and names items and services being provided to drive-through, drive-up or walk-up customers.
M. Nameplate. A sign which indicates the name, address and/or profession of the person or business occupying a lot or building.
N. Political sign. A temporary sign advocating action on a public issue on ballot or indicating a candidate for public office.
O. Real estate sign. A temporary sign advertising the sale, rental or lease of the premises, or part of the premises, on which the sign is displayed.
P. Temporary sign. A sign designed for use for a limited time period which communicates special events or sales, the sale or lease of property, political viewpoints or other matters.
Q. Temporary promotional sign. A temporary sign intended to announce special events, promotions or sales.
R. Traffic sign. Signs that direct vehicular traffic on roadways, such as "Stop", "Slow", "No Turn on Red", "No Parking Here to Corner", route signs, street name signs, etc. Such signs shall conform to the standards of the Ohio Department of Transportation and are exempt from this ordinance.
S. Unified directory sign. A wall sign erected to identify each business or tenant located within the building.
(3) Classification of Signs by Structural Type:
A. Animated sign. A sign that uses movement or change of lighting including revolving, rotating, whirling, spinning and flashing to depict action or create a special effect or scene. Animation shall be considered any change or movement more frequent than once per twenty-four hours.
B. Awning sign. A sign painted on, printed on, embossed, or attached against the surface of an awning. An awning is defined as a roof-like structure projecting from and supported by the exterior wall of a building constructed of fabric or light gauge materials on a supporting framework.
C. Banner. A sign constructed of fabric or any non-rigid material with no enclosing framework.
D. Canopy sign. A sign painted, embossed, affixed or attached to the soffit or fascia (vertical surface) of a canopy. A canopy is defined as a primarily horizontal roof-like structure constructed of rigid materials either attached to a building or freestanding (in the case of automobile service station canopies over gas pumps).
E. Changeable copy sign. A sign or portion of a sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign.
F. Electronic Message Center. A sign that typically contains LED lights and is capable of displaying text, images, symbols, etc. that can be remotely or automatically changed at any given time.
G. Exposed neon sign. A sign using neon tubing as a light source and sign, with the neon tube either totally exposed or covered only by a clear or transparent face so that the illuminated neon tube is visible.
H. Flag. An object, typically of lightweight fabric material, containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision or other entity.
I. Freestanding sign. A sign supported by structures or supports that are anchored in the ground and that are independent from any building. All freestanding signs are further classified structurally as either Monument Signs or Pole Signs.
J. Mansard sign. A sign attached to a mansard structure. A mansard is a roof, or structure covered in roofing materials, having two slopes, with the lower slope almost vertical and the upper slope almost horizontal.
K. Marquee sign. A sign attached to a marquee. A marquee is a permanent roof-like structure of rigid materials supported by and extending from the facade of a building. A marquee sign shall be affixed or attached to a vertical surface on the marquee structure.
L. Monument sign. A Freestanding Sign having fifty percent (50%) or more of the bottom of the sign in contact with the ground or supporting structure.
M. Pennant. An object or sign of lightweight fabric or similar material, whether or not containing a message of any kind, and designed to move in the wind, also including streamers, pinwheels, balloons and similar small objects.
N. Pole sign. A Freestanding Sign having more than fifty percent (50%) of the bottom of the sign separated from the ground by the air.
O. Portable sign. A sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be readily transportable on wheels; signs designed as "A" or "T" frames; menu and sandwich board signs; all inflatable objects used as advertising devices; products stacked in the manner of a sign; umbrellas used for advertising; and signs attached to or painted on vehicles or trailers parked and visible from the public right-of- way.
P. Projecting sign. A sign erected on the outside of a building and projecting out at an angle therefrom at a distance greater than twelve (12) inches.
Q. Roof sign. A sign erected partly or completely on or over the roof of any building or above or over any portion of the building covered by roofing materials or above or over the top edge of a building wall or sign fascia.
R. Suspended sign. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
S. Wall sign. A sign erected parallel to, affixed to, or painted on the outside wall of any building, and not extending more than twelve (12) inches therefrom, and which does not project above the roofline or beyond the corner of the building.
T. Window sign. A sign painted on, attached to, or suspended directly behind a window or the glass portion of a door, within one to five (5) feet from the inside window or door, and which is meant to be read from outside the building.
U. Yard sign. A freestanding temporary sign in a yard, including construction, political, and real estate signs and temporary promotional signs where permitted.
(d) Prohibited Signs. All signs not expressly permitted under this Code or exempt from regulation hereunder in accordance with the previous section are prohibited within the Village. Such signs include, but are not limited to:
(1) Animated signs, as well as exposed light bulbs and strings of lights not permanently mounted to a rigid background, except those exempt under the previous section; and other similar features including sound or smoke.
(2) Balloons used as advertising devices.
(3) Banners, except as temporary signs with a permit.
(4) Billboards.
(5) Exposed Neon Signs except as specifically approved as described in subsection (h) hereof, Signage Illumination, of this Code.
(6) Flashing Signs which consist of a light which is intermittently on and off.
(7) Mansard Signs, unless the sign is attached to a vertical sign fascia wholly below the eaves of the mansard and parallel to the surface of the exterior wall that supports the mansards.
(8) Pennants/Streamers/Spinners.
(9) All Portable Signs, except as temporary signs with a permit.
(10) All Roof Signs.
(11) Searchlights and spotlights used as advertising devices.
(12) Signs that obstruct required windows or doors or fire escapes or interfere with other safety provisions as may be further regulated in the Building Code, the Ohio Basic Building Code and the Ohio Fire Code.
(13) Signs obstructing street sight lines of traffic control lights or signs at street intersections, or signs obstructing street sight lines or signals at railroad crossings or signs containing any words or symbols that would cause confusion because of their resemblance to highway traffic control or directional signals.
(14) Damaged and unsafe signs, including signs within safety clearances of electrical and utility lines.
(15) Three dimensional objects on a roof or pole.
(16) Paper posters applied directly to a wall, building, pole, or other support.
(17) Pole Signs.
(18) Electronic Message Centers (Prohibited in Residential and Mixed-Density Residential Districts only)
(19) Off-site signage; unless specifically permitted under the provisions of this Chapter and/or approved by the Building Commissioner or Planning Commission.
(e) Exempt Signs. The following signs shall be exempt from regulation under this Code, except as specified in this section:
(1) Any public notice, warning, or traffic sign required by a valid and applicable federal, state, or local law, regulation, or ordinance.
(2) Traffic signs on private property which conform to the Ohio Manual of Uniform Traffic Control Devices (MUTCD) of the Ohio Department of Transportation.
(3) Required public purpose and safety signs as needed to achieve the intended public purpose which contain no commercial message of any sort.
(4) Address numbers not to exceed two (2) square feet in area.
(5) 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 building in which such sign is located.
(6) Matter appearing on or adjacent to entry doors including "Push", "Pull", "Open" or "Closed" signs, not exceeding one (1) square foot in area per establishment.
(7) Matter appearing on windows or doors of retail or service establishments denoting hours of operation, credit cards accepted, and similar information, not exceeding a cumulative total of one square foot in area per establishment.
(8) Works of art that do not include a commercial message.
(9) Religious and other seasonal lights and decorations containing no commercial message when displayed during the appropriate time of year.
(10) Flags of the United States, the State, the Village, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. The height of such flags shall not exceed twenty (20) feet in residential districts and thirty-five (35) feet in nonresidential districts. Any flag not meeting these conditions shall be considered a sign and shall be subject to regulations as such.
(11) Vehicles regularly and customarily used to transport persons or property for a business, parked so that they are not visible from the public right-of-way.
(12) Memorial signs less than four (4) square feet in area and all monuments within a cemetery.
(f) Measurement Standards. The size of signs is regulated in this chapter by relating the gross area of signs to the building or use of a lot, or to the size of the building unit to which the sign is accessory.
(1) The gross area of signs for a building or use shall include all permanent surfaces visible from a public way and shall be measured for all signs except projecting or pole signs as follows:
A. The area of the surface, or surfaces of an opaque or translucent panel used or intended for displaying a message; PLUS
B. The area within the smallest rectangle enclosing a sign composed of letters or characters which are individually attached to a building wall or other structural element not designed as a panel; PLUS
C. The area of permanent window or door signs.
(2) Whenever the gross area of any sign is related to the size of the building or lot. the frontage of a building shall be the width of the facade of the building, business, office, or industrial unit which faces the principal street, or the facade containing the main entrance of a business office, or industrial building.
(3) Buildings or lots having frontage on a second street or a secondary entrance to a parking area may be permitted additional signs along such secondary streets which shall, however, not exceed twenty-five percent (25%) of the area of the signs permitted along the main facades.
(4) Projecting or Monument Signs. The area of any double or multi-faced sign shall have only one face, the largest one--should the faces differ in size--counted in calculating the area of the sign, and the measurable area shall be the entire area within a single, continuous perimeter composed of squares or rectangles which enclose the extreme limits of the advertising message.
(g) Design Requirements. Signs, as permitted in all use districts, shall be designed to be compatible in character and style with regard to materials, color and size of the building, other signs designed or located on the same building, and other signs on adjoining buildings in order to produce an overall united effect, and in accordance with the standards set forth in this section. Signs shall be reviewed with respect to each of the provisions of this section and shall require approval by the Planning Commission.
(1) Continuity. Signs shall be considered in relationship to their surrounding environment and, if seen in series, should have a continuity of design.
(2) Style and Color. The style of a sign shall be generally consistent throughout the particular building or block involved; the color of signs shall be a component of the color of the building facade and the total number of colors on a sign shall be limited to four.
(3) Lettering. The lettering on a sign shall be large enough to be easily read, but not overly large or out of scale with the building upon which it is placed. An excessive amount of information on signs, where visual clutter could create a potential safety hazard to motorists or pedestrians, shall not be permitted.
(4) Structural Design. Any graphic, other sign structure, marquee, canopy or awning as defined in this chapter, shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of net surface area, allowing for wind from any direction, and shall be constructed to withstand loads as required in the American Standards Association Standard A60.1, as amended and as provided herein. Signs shall not be attached to parapets.
(5) Vertical Clearance. The lowest member for all signs which project or are supported on posts shall not be less than eight (8) feet above the finished grade of a sidewalk or any other pedestrian way; and, if located over a pavement used for vehicular traffic or within twenty-four (24) inches of the vertical projecting of the edge of such pavement, the lowest member of signs shall not be less than sixteen (16) feet above the finished pavement.
(6) Relation to Traffic Devices. Signs shall not be erected so as to obstruct sight lines along any public way, traffic control lights, street name signs at intersections, or street sight lines (30 feet each direction from corner properties) or signals at railroad grade crossings. Signs visible from the sight lines along a street shall not contain an arrow or words such as "stop", "go", "slow", etc., and the movement, content, coloring or manner of illumination shall not resemble highway traffic signs.
(h) Signage Illumination.
(1) Temporary Signs. Temporary signs shall not be illuminated.
(2) Excessive Brightness. Light sources to illuminate permanent signs located inside or outside of buildings shall not be of excessive brightness or cause glare hazardous to pedestrians or drivers of automobiles, or be objectionable to adjacent residential districts.
(3) Residential, Mixed-Density Residential, and Parkland Districts. Signs in Residential, Mixed-Density Residential, and Parkland Districts shall not be illuminated except, at the discretion of the Planning Commission, residential identification monument signs and public facility identification signs. Identification signs in the Residential, Mixed-Density Residential, and Parkland Districts shall be illuminated by external means only. Internally illuminated signs shall not be permitted within any Residential or Parkland Districts.
(4) Colored Light. The colors red, yellow, or green shall not be used where they may interfere with the sight lines of a traffic signal. White is the only color of light which is permitted for institutional activities or in areas designated as residential or within five hundred (500) feet of such areas. Holiday lighting during the holiday season shall not be restricted by the foregoing regulations.
(5) Neon Tubing. Use of exposed neon tubing and signage in marquee, wall and window signs shall be approved or disapproved at the discretion of the Planning Commission after reviewing the location, brightness, zoning district and proximity to public streets and residential areas.
(6) Monument Sign Lighting (In Districts other than Residential, Mixed-Density Residential, and Parkland). Illumination of monument signs shall be limited to external lights for indirect lighting or in the case of internal lighting with not less than seventy-five percent (75%) of the sign face opaque or non-transparent
(7) Building Lighting. Bright lighting of a roof or building for advertising purposes and "outline lighting" of buildings, roofs or windows shall be prohibited. Illumination of non- residential buildings and roofs shall be at the discretion of the Planning Commission after reviewing the location and proximity to public streets and adjacent residential areas.
(8) Design of External Light Source. External light sources shall be screened from public view or designed as an integral component of the overall sign design.
(9) Electronic Message Centers. EMCs shall adhere to the following standards:
A. EMCs shall be prohibited in residential districts.
B. EMCs are restricted to monument and wall signs only, and shall make up no more than thirty (30%) percent of such total, allowable sign area, and shall not be the predominant element of any sign.
C. No more than one (1) EMC sign is allowed per property.
D. EMC signs shall be equipped with automatic dimming software or solar sensors to control brightness for nighttime viewing and variations in ambient light. Manufacturer's verification is required.
E. EMC sign regulations shall apply to all EMC signs located inside a building and visible from a public sidewalk or public roadway.
(i) Temporary Signs. A temporary sign is a sign which is intended to be displayed for a limited time only. At no time shall a sign be placed within the public right-of-way. "Temporary" for the purposes of this Chapter is considered to be thirty (30) days unless more specifically regulated. Temporary signs shall be regulated as follows for the district in which they are allowed:
(1) Construction Projects. May not exceed fifty (50) square feet in area and ten (10) feet in height in nonresidential areas, and six (6) square feet in area and four (4) feet in height in residential areas, shall be permitted on the lot upon which a building is under construction. A temporary home improvement sign shall not exceed six (6) square feet in area and four (4) feet in height.
(2) Garage Sales. May not be more than four (4) square feet and shall be permitted to be displayed on the property of the residence where a garage sale is being conducted.
(3) Political Events. Temporary signs in support of or in opposition to political candidates or issues shall not exceed fifteen (15) square feet, nor shall such a sign extend more than four (4) feet above grade level. Political signs may also be placed within windows and must conform to the requirements for temporary window signs as well. The responsibility for removing any such sign after a political voting season or event shall be on the property owner, candidate or on the organization supporting or opposing the issue, as the case may be.
(4) Real Estate Signs. May not exceed six (6) square feet in area, advertising the premises on which it is maintained as being for sale or lease. Such a sign shall not extend more than thirty- six (36) inches above grade level.
(5) Open Houses. "Open house" directional arrows placed in public rights-of way must be removed daily by sundown; may not exceed six (6) square feet in area nor extend more than thirty- six (36) inches above grade level.
(6) Temporary Promotional Signs. Temporary promotional signs intended to promote or advertise special events or sales may be permitted if they are displayed only for the duration of the special event or sale. The Designated Building Official, at his or her discretion, and if the signs are in neat and clean condition, may allow, upon request, an extension of the posting of such signs. If temporary promotional signs are posted in windows, they must conform to the requirements for temporary window signs.
(7) Temporary Window Signs. Temporary window signs may not exceed fifteen (15%) percent of the area of the window in which they are displayed and must be attached to the inside of the window. In no case shall the cumulative total for window signs in a building unit exceed twenty-four (24) square feet. The Designated Building Official shall have the discretion to determine compliance with the intent of this section and the power to remove those signs in conflict with the provisions of this section.
(j) Signage by Zoning District. The following is a description of the allowable signage for all adopted Zoning Districts within the Village:
(1) Parkland and Public Facilities Districts.
A. Nameplate. Sign not exceeding two (2) square feet in area bearing the address and name of the occupant of any permitted building.
B. Identification Sign. A public facilities or park use may have one identification sign per street frontage. Such sign may be a wall sign or freestanding monument identification sign. Such sign shall not exceed twelve (12) square feet in area and, if illuminated, must have the light source shielded from highways and adjoining properties.
C. Bulletin Board. An announcement sign or bulletin board for the use of the municipal use lawfully occupying the premises. Such sign shall not exceed sixteen (16) square feet in area nor five (5) feet in height. A bulletin board sign may be integrated with a freestanding monument identification sign, but such combined sign shall not exceed six (6) feet in height.
D. Directional Signs. Two (2) directional signs each not exceeding two (2) square feet in area shall be permitted on any building or lot, but not less than five (5) feet from any lot or street right-of-way line.
E. Instructional Signs. Instructional signs which are clearly intended for instructional purposes and, as determined by the Designated Building Official, are not larger than two (2) square feet to serve the intended instructional purpose nor are in locations or possess design characteristics which constitute or serve the purposes of an identification sign.
(2) Residential and Mixed-Density Residential Districts.
A. Individual Dwellings. Single family and two-family homes are permitted:
1. Nameplate. Sign not exceeding two (2) square feet in area bearing the house number and name of the occupant of any permitted dwelling. A physician, surgeon or dentist, etc., using a part of his or her home as a professional office, may include an identification of his profession on this sign. No window display or other sign may be used.
2. Memorial sign. Sign not exceeding one (1) square foot in area.
B. Residential Development Monument Sign. A residential identification monument sign, indicating the name of the subdivision or residential development, if part of the overall architectural treatment of the entrance of the development, shall be permitted for each entrance to a development.
C. Height and area. Each sign shall be no more than four (4) feet in height and twenty-four (24) square feet in area.
D. Location. Such signs shall be placed on corner parcels at openings to a development at the intersection of a development with an arterial street (on private property with an easement), on blocks owned by the Homeowner's Association or Village, or on a cluster parcel, no closer than ten (10) feet to the right-of-way and five (5) feet from a side lot line, except such signs may be placed in the right-of-way provided such signs shall be located on a divided entranceway island, placed no closer than fifteen (15) feet to the intersecting street's planned right-of-way line and set back five (5) feet from the curb of the divided island if an easement is granted by Village Council for such signs.
E. Memorial sign. Sign not exceeding one (1) square foot in area.
(3) Mixed-Use District.
A. Shared, monument style, directory signs are encouraged within mixed-use areas.
1. Limited to one hundred and fifty (150) square feet in total area and fifteen (15) feet in overall height.
2. Landscaping shall extend at least three (3) feet beyond the signs furthest point.
3. Landscaping can include natural ground cover and plantings including flowers, small shrubs, rocks, mulch or woodchips, etc.
4. Sign area landscaping shall be maintained in good condition at all times of the year.
B. Hanging and projecting signs are encouraged.
C. There is a limit to one (1) sign per business, which shall not exceed 10 square feet in size.
D. Apartments. Accessory signs for apartments shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with these regulations. The types of signs permitted as to use, structure, size and number for each building or lot shall be regulated as follows:
1. Awning signs. One (1) awning sign shall be permitted. The total area of one face of the sign shall not exceed six (6) square feet and the vertical dimension of the sign shall not exceed twelve (12) inches.
2. Instructional signs. Instructional signs which are clearly intended for instructional purposes and, as determined by the Designated Building Official, are not larger than two (2) square feet to serve the intended instructional purpose nor are in locations or possess design characteristics which constitute or serve the purposes of an identification sign.
3. Nameplate. One (1) nameplate, not exceeding one (1) square foot in area, is allowed per dwelling. No window display or other sign may be used. In addition to the dwelling unit nameplates, multi-family buildings may display a nameplate on the building which also identifies the management of the development. Such nameplate shall be a maximum of four (4) square feet.
(4) Commercial District.
A. Maximum Area and Number Permitted:
1. Maximum sign face area. The maximum sign face area of all permanent signs permitted for each separate use occupying a building or unit of a building shall be related to the frontage of the building or unit thereof, as determined by the following formula:
2. Maximum sign face area = (W x 1.5) square feet, except that the total in all cases shall not exceed one hundred and twenty (120) square feet.
3. "Maximum sign face area" means the total area of one surface of a permanent sign.
4. "W" means the frontage of a building (width).
B. Awning signs. One (1) awning sign shall be permitted. The total area of one face of the sign shall not exceed six (6) square feet and the vertical dimension of the sign shall not exceed twelve (12) inches.
C. Canopy signs. A sign attached to the underside of the canopy at a ninety (90) degree angle to the street, intended for pedestrian visibility. The total area of one face of the sign does not exceed five (5) square feet, the vertical dimension of the sign does not exceed twelve (12) inches, and the lowest structural member is not less than eight (8) feet above the sidewalk grade.
D. Directional signs. Two (2) directional signs each not exceeding two (2) square feet in area shall be permitted on any building or lot, but not less than five (5) feet from any lot or street right-of-way line.
E. Informational signs. One (1) informational monument sign not exceeding six (6) square feet in sign face area may be permitted on any lot, but not less than five (5) feet from any lot or street right-of-way line.
F. Monument signs. One (1) monument sign not to exceed forty (40) square feet in area and the top of the sign shall not exceed ten (10) feet in height above the sidewalk grade. Only one (1) monument sign shall be permitted per lot. Multi-tenant buildings on a single lot shall be permitted only one (1) monument sign and must share signage space on such a sign.
G. Nameplates. One (1) nameplate, not exceeding two (2) square feet in area for each store or office unit in the building, but not exceeding a total of eight (8) nameplates per building, shall be permitted.
H. Memorial sign. Sign not exceeding one (1) square foot in area.
I. Projecting signs. May be permitted in cases where innovative design is demonstrated and where no potential safety hazard to motorists or pedestrians is created, subject to review and approval by the Planning Commission.
J. Wall or panel signs. Shall not project more than twelve (12) inches from the building wall to which it is attached and shall be set back from the end of the building and party wall lines a distance of at least eighteen (18) inches, shall not project beyond any corner or above the coping or eaves of any building, and shall not cover any windows or interrupt major architectural features.
K. Supplementary Area and Location Standards:
1. Side and rear entrances. In cases where the office or business building has an entrance from the side street of a corner lot or has a back entrance from a parking lot open to the public, additional sign area equal to twenty-five percent (25%) of that permitted on the front of the building may be used over such entrance.
2. One (1) sign per building face. Notwithstanding the provisions of this section, each business shall be permitted a maximum of one sign on any single building face for the building, or the portion of the building in which the business is located; provided that this limitation shall not apply to directional signs, nameplates or real estate signs, or to a second noncommercial sign which shall not exceed five (5) square feet.
L. Special Conditions for Automotive Service Stations:
1. Canopy signs. Up to thirty (30) square feet of lettering or logos on up to two (2) sides of an approved freestanding canopy may be permitted by the Planning Commission.
2. Pump island signs. Retail outlets having fuel pump islands shall have, for pricing and service information only, not more than one (1) double-faced sign or two (2) single faced signs per pump-island. Such sign shall not be greater than twenty-two (22) inches by twenty-eight (28) inches, shall be confined and permanently attached to the pump islands, and may be illuminated. No permit or fee shall be required, and sign area not counted in maximum sign area for the site.
3. Freeway oriented automotive service stations. An automotive service station is considered freeway oriented if it is located within two hundred (200) feet of the freeway right-of-way and has frontage on a road which is directly accessible by a freeway off-ramp. One (1) pole sign, oriented to and visible from the freeway travel lanes is permitted, as determined by the following:
4. Location. One (1) pole sign for each automotive service station site to be located so as not to encroach upon the public right-of-way and further located so as to not obstruct neighboring signs subject to the following criteria:
a. The neighboring sign is located within on hundred and fifty (150) feet of either side of the proposed sign.
b. The proposed sign visually obstructs in excess of fifty (50%) percent of any neighboring sign when viewed from the street traffic lane closest to the curb.
5. Size and Height. No sign shall exceed an area of one-hundred and sixty (160) square feet for each sign face with a maximum area of three-hundred and twenty (320) feet and having a height of no greater than thirty (30) feet above ground level or no greater than twenty-five (25) feet above freeway grade level, whichever is greater, but in no event, shall the total height of the sign structure exceed fifty (50) feet above the service station site measured at the location of the sign on the property. The supporting structure shall be designed to be architecturally compatible with the service station building.
(5) Light-Industrial District.
A. Standards for Monument Signs. Only one (1) monument sign shall be permitted per lot. Multi-tenant buildings on a single lot shall be permitted only one monument sign and must share signage space on the monument sign. The maximum sign face area of a monument sign permitted for each lot shall be related to the frontage of the building, as determined by the following formula:
1. Maximum sign face area = W x 2.5 square feet, except that the total in all cases shall not exceed on hundred and seventy-five (175) square feet.
2. "Maximum sign face area" means the total area of one surface of a permanent sign.
3. "W" means the frontage of a building (width).
B. Standards for Permanent Signs Other Than Monument. The maximum area of permanent signs other than monument signs shall be determined by the following formula:
1. Maximum area of signs= W x 2.5 square feet, except that the total in all cases shall not exceed one-hundred and seventy-five (175) square feet.
2. "Maximum sign face area" means the total area of one surface of a permanent sign.
3. "W" means the frontage of a building (width).
C. Awning Signs. One (1) awning sign shall be permitted. The total area of one face of the sign shall not exceed six (6) square feet and the vertical dimension of the sign shall not exceed twelve (12) inches.
D. Directional Signs. Two (2) directional signs each not exceeding two (2) square feet in area shall be permitted on any building or lot, but not less than five (5) feet from any lot or street right-of-way line.
E. Informational Signs. One (1) informational monument sign not exceeding six (6) square feet in sign face area may be permitted on any lot, but not less than five (5) feet from any lot or street right-of-way line.
F. Nameplates. One (1) nameplate, not exceeding two (2) square feet in area for each store or office unit in the building, but not exceeding a total of eight (8) nameplates per building, shall be permitted.
G. Projecting Signs. May be permitted in cases where innovative design is demonstrated and where no potential safety hazard to motorists or pedestrians is created, subject to review and approval by the Planning Commission.
H. Wall or Panel Signs. Shall not project more than twelve (12) inches from the building wall to which it is attached and shall be set back from the end of the building and party wall lines a distance of at least eighteen (18) inches, shall not project beyond any corner or above the coping or eaves of any building, and shall not cover any windows or interrupt major architectural features.
(k) Permit Applications. An application for a permit to erect, place, paint, illuminate or alter a sign shall be made by the tenant, owner or such owner's agent of the property for which a sign is proposed. The application shall be submitted on forms furnished by the Building Department and shall be made either separately or with the application for a building permit. All drawings shall be drawn to scale.
(1) When Required. In all use districts, a sign permit shall be required for all new or structurally altered signs, with the exception of nameplates, temporary window signs, and temporary signs with an area of six (6) square feet or less.
(2) Submittal Requirements. Each application shall be accompanied by eight (8) sets of drawings to scale and photographs illustrating the following:
A. The design and layout proposed, including the total area of signs and the size, height, character, materials, colors, and types of lettering or other symbols.
B. Photographs or drawings of the building for which the signs are proposed and photographs of surrounding buildings, signs, and uses
C. The number and types of lamps and lens material to be used in any illuminated signs.
D. The exact location of the sign in relation to the building and property.
E. Details and specifications for construction, erection and attachment as may be required by the Building Code.
(3) Applicability of Permit. A sign permit is applicable only to the specific sign for which it is granted. Once a sign permit is granted, no temporary or permanent signs shall be attached or added to the given sign.
(4) Review. All signs shall be approved (or disapproved) by the Planning Commission. However, the Designated Building Official is authorized to review and approve (or disapprove) in accordance with this Chapter temporary signs located outside of a building with an area over six (6) square feet and temporary promotional signs for community programs and activities over six (6) square feet that do not involve signs in the public right-of-way.
(5) Changes to Existing Signs. The repainting of existing signs the same color, size and message shall be considered maintenance and no permit shall be required. However, any proposed change beyond this type of repainting shall be approved according to the review procedure set forth in this Code prior to any changes being made.
(6) Fees. Concurrent with the filing of an application for any sign, unless specified otherwise in these sign regulations, an application fee shall be paid to the Village in the amount established by ordinance. No refund of any part of an application fee shall be made to an applicant in cases of withdrawal of the application or of denial of the requested sign(s).
(l) Materials.
(1) Signs shall be fabricated on and of materials which are of good quality, good durability and complementary to the building of which they become part.
(2) Allowable Stress. All materials used in structural elements of outdoor signs or display structures, and the allowable stresses for such materials, shall be in conformity with the applicable provisions of this chapter. The allowable stresses in chains, cables and guy rods and their fastenings shall not exceed one-fourth their ultimate strength.
(3) Noncombustible Signs. When noncombustible outdoor signs or display structures are required by this chapter, all parts, including the supporting structure, shall be of noncombustible materials; provided, however, that wood, approved plastic or other material not more combustible than wood or approved plastic shall be permitted in the following locations:
A. For small ornamental moldings, caps, nailing strips, individual letters, symbols, figures and insignia.
B. On the face of a sign, provided that the aggregate area of such facing for any sign shall not exceed one hundred (100) square feet or for a group of signs shall not exceed two hundred (200) square feet.
C. For posts, braces and latticing on monument signs whose total height is not more than twenty (20) feet above grade level and when specifically approved by the Building Official.
(4) Combustible Signs. No material more flammable or combustible than wood or approved plastic shall be used in any permitted combustible sign. No combustible sign shall be illuminated by other than the reflector method of electric lighting and all parts of reflectors shall be of noncombustible material.
(5) Tests for Approved Combustible Plastics. Approved combustible plastic is any plastic material more than 0.050-inch-thick which, when tested for flammability in sheets 0.060-inch-thick in accordance with ASTM D 635, does not burn at a rate exceeding two and one-half inches per minute.
(6) Use of Approved Combustible Plastics. Approved combustible plastics shall not be used in positions where they shall be subject to temperatures in excess of one hundred and forty (140) degrees Fahrenheit unless they have been approved for higher temperatures by the Board of Building Standards.
(7) Glass in Projecting Signs. Glass in projecting signs shall be used only to such extent and in such manner that no hazard shall be created thereby, and then only if specifically approved by the Designated Building Official.
(8) Attachment of Projecting Signs:
A. Materials. All anchorage, chains, cables or rods supporting, or bracing projecting signs shall be of a noncorrosive material or protected in a manner acceptable to the Designated Building Official. The dead load and the loads due to wind pressure shall be supported by structural shapes, chains, cables, or guy rods. Lateral supports shall be spaced not more than eight (8) feet apart. Turnbuckles or other approved means of adjustment shall be placed in all chains, cables or rods supporting or bracing projecting signs.
B. Method. Complete information regarding the proposed method of support and attachment of projecting signs shall be submitted with the application for the permit. No staples or nails shall be used to secure any projecting sign to any building or other structure. No part of a projecting sign shall be supported from an unbraced parapet wall.
(m) Maintenance and Removal. All signs shall be maintained in accordance with the following standards:
(1) Responsibility. The property owner, owner of the sign, tenant, and agent are required to maintain the sign in a condition fit for the intended use and in good repair, and such person or persons have a continuing obligation to comply with all Building Code requirements.
(2) Condition. A sign in good repair shall be free of peeling or faded paint, shall not show uneven soiling or rust streaks; shall not have chipped, cracked, broken or bent letters, panels or framing; shall not otherwise show deterioration; and shall comply with all other applicable maintenance standards of the Village.
(3) Authority to Require Routine Maintenance. The Designated Building Official may order any sign to be painted or refurbished at least once a year, if needed, to keep the sign in a safe and non-blighted condition.
(4) Determination as Unsafe Structure. If the sign is deemed by the Designated Building Official to be not in good repair or in an unsafe condition, such sign shall be considered an unsafe structure and all Village regulations applicable for the repair or removal of such sign shall apply.
(5) Permit Not Required. Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, re-lettering, or repainting, the same may be done without a permit, or any payment of fees, provided there is no alteration or enlargement to the structure, mounting, color, or illumination of the sign itself, and the sign is accessory to a legally permitted or nonconforming use.
(6) Removal. Whenever the removal or maintenance of any sign has been ordered by the Designated Building Official, the person, firm or corporation who erected such sign or on whose premises such sign or display structure has been erected, affixed or attached shall remove or maintain such sign within seventy-two (72) hours after receiving such notice. In the event of noncompliance, the person, firm or corporation who erected such sign or on whose premises it was erected, affixed or attached shall be individually and separately liable for the expense incurred in the removal of such signs.
(n) Nonconforming Signs.
(1) A sign which is nonconforming on the effective date of this chapter which does not conform to the regulations of this or a subsequent amendment, shall be deemed a nonconformity.
(2) The purpose of this section, in addition to providing specific standards for the design, construction and erection of every new graphic, sign, marquee, canopy and awning is to cause every graphic or other sign in violation of any provision of this chapter to be removed, altered or replaced so as to conform to the provisions of this chapter.
(3) Authority to Continue Existing Nonconformities. Any permanent graphic, sign, marquee, canopy or awning, other than a temporary sign, which is deemed to be a nonconformity, which was erected pursuant to a Village permit and in place on the effective date of this chapter, and which remains or becomes a nonconformity upon the adoption of this chapter or any subsequent amendment thereto, may be continued only in accordance with the following regulations:
A. Repairs. Ordinary repairs and nonstructural alterations may be made to a nonconforming sign. No structural alterations shall be made in, to or upon such nonconforming sign, except those required by law to make the sign conform to the regulations of this chapter.
B. Additions and enlargements. A nonconforming sign shall not be added to or enlarged in any manner, except to make the sign conform to the regulations of this chapter.
C. Moving. No nonconforming sign shall be moved in whole or in part to any other location unless such sign, and the use thereof, is made to conform to all regulations of this chapter.
D. Restoration of damaged nonconforming signs. A nonconforming sign which is destroyed or damaged by fire or other cause to the extent that the cost of restoration will exceed fifty percent (50%) of the original cost of such sign, shall not be restored unless it is made to conform to all the regulations of this chapter, or any subsequent amendment thereto. In the event that such damage or destruction is less than fifty percent (50%) of the original cost of such sign, no repairs or construction shall be made unless such restoration is started within six (6) months from the date of the partial destruction and is diligently pursued to completion.
E. Discontinuance of use of nonconforming signs. A nonconforming sign, the use of which is discontinued for a period of thirty (30) days, shall thereafter conform to the regulations of this Chapter.
F. Change of use of nonconforming signs. Where the business, use or identity associated with the nonconforming sign at the time of the adoption of this chapter, thereafter terminates or changes, such termination or change of use shall require termination of the nonconforming sign, and the use of such sign shall thereafter conform to the regulations of this section.
G. Conformance date. All graphics, signs, marquees, canopies and awnings rendered nonconforming by the provisions of this chapter and permitted to continue shall be removed, altered or remodeled to conform to the provisions of this section.
H. When a structure and/or use is nonconforming and the signage restrictions for the district in which it is located would cause hardship, the regulations of the district most compatible with the current and/or proposed use shall be used.
(4) Any sign, graphic or numeral display embossed, etched, engraved or otherwise an integral part of the original building's masonry architecture which was in existence prior to the effective date of this Code may be continued provided such sign, graphic or numeral display is maintained as originally designed and intended.
(o) Violations, Penalties and Severability.
(1) Responsibility. It shall be the duty of the sign owner, sign erector, the owner of the business being identified or advertised and/or the owner of the property upon which the sign is to be placed to see that any sign erected, altered, modified or maintained is in compliance with all applicable provisions of these sign regulations and any other conditions specified in the approval of a sign. Failure to come into compliance after notice as specified in this section shall be a violation.
(2) Correction of Violations. The Designated Building Official shall declare any violation a nuisance and order in writing the correction of all conditions which are found to be in violation of these regulations.
A. Where the sign regulations provide that a permit or approval of the Designated Building Official or Planning Commission is required prior to the erection of the sign, and no permit or approval has been obtained, violations shall be corrected within seven (7) days after the written order is issued or the sign in question may be removed by the Village at landowner's cost.
B. Any violation involving temporary signs hereof shall be corrected within five (5) days after the written order is issued or the sign in question may be removed by the Village. If the permit holder, sign owner, property owner or sign provider fails to remove or alter the temporary sign within seven (7) days after such notice, a such sign or other advertising structure may be removed or altered by the Village to comply with these regulations at the expense of the owner of the property upon which it is located. The Designated Building Official may cause any sign or advertising structure which is in immediate peril to persons or property or which has been erected for a use which is not permitted by this Code on the premises, to be removed summarily and without notice.
C. In the case of a sign that poses an immediate danger to the public health or safety, such a sign shall be removed immediately upon notification of such pending danger or the sign in question shall be removed by the Village at the expense of the property owner.
D. All other violations shall be corrected within thirty (30) days after the written order is issued or the sign in question may be removed by the Village at the expense of the property owner.
E. Failure to pay the cost for sign removal hereof, shall result in a lien upon the premises, which lien shall be filed with the County Recorder's office to remain a lien of record, until paid. The lien shall accrue interest at the maximum rate permitted by Ohio law prior to payment. The Designated Building Official may refuse to issue a permit to any property owner who refuses to pay costs so assessed.
(3) Penalty for Not Correcting Violation:
A. Non-residential signs. Any violation not corrected within the period of time specified in subsection (o)(2) hereof, shall be a misdemeanor and the sign owner shall be fined not more than five hundred dollars ($500.00) and subject to imprisonment for up to thirty (30) days or both, for each day and every day the violation continued to exist after the period of time to remove it, specified in subsection (o)(2) above, has expired. A separate offense shall be deemed committed for each day such violation continues.
B. Residential signs. Any violation not corrected within the period of time specified in subsection (o)(2) hereof for signs regulated in subsection (j)(2), Residential and Mixed-Density Residential Districts, shall be a minor misdemeanor and the sign owner shall be fined not more than one hundred dollars ($100.00).
(4) Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(p) Appeal Procedure. Upon denial of a sign plan application by the Designated Building Official or Planning Commission, the applicant may appeal to the Board of Zoning Appeals. Such appeal shall be to request a variance from the strict application of the provisions of this Chapter. A variance may be granted upon the affirmative vote of those members present of the Board of Zoning Appeals finding that strict compliance with the provisions of this Chapter may impose an undue hardship and that the granting of the variance from the provisions of this Chapter will not depreciate or damage neighboring property, will not create a safety hazard and will not be contrary to the purposes of this Chapter. (Ord. 2017-49. Passed 12-5-17.)