1151.13 GENERAL PROVISIONS.
   (a)    All signs shall be of substantial construction so as to withstand weather conditions such as rain, snow, wind, and freezing and thawing, without deterioration of the sign or its structure. Cloth, paper, or any other temporary materials shall not be permitted on permanent signs.
   (b)    All signs shall be constructed, erected, and maintained in accordance with the State of Ohio Building Code.
   (c)    All signs, including temporary signs, shall at all times be maintained in good condition and repair at all times.
   (d)   Illuminated signs are permitted pursuant to the following regulations:
      (1)    Signs may be internally illuminated with LED’s or similar technology, provided that the sign shall be factory set so that the luminance of the sign shall not exceed a maximum of three (3) foot candles measured ten (10) feet from the sign’s face at maximum brightness. Internally illuminated signs shall be equipped with a reduced intensity nighttime setting device activated by photocell or timer.
      (2)    External illumination of signs shall not be of excessive brightness and shall be designed and shielded so as to prevent glare and minimize light trespass onto adjacent properties and prevent view of the light source from any adjoining residential property and/or vehicles traveling on public rights-of-way. In no instance shall the intensity of the light exceed twenty foot candles at any point on the sign face.
      (3)    No sign shall be illuminated between the hours of 2:30 a.m. and 5:00 a.m., unless the activity displaying the sign is open for business during those hours. The Zoning Administrator is authorized to grant an exception from the provisions of this section to any activity in which illumination of signs during the hours otherwise proscribed is necessary or desirable for the security and safety of the activity or property.
   (e)    Electronic message, multiple message, and variable message signs that are changed electronically shall conform to the following standards:
      (1)    Electronic Message signs shall only be permitted in the C Commercial or Mixed Use Districts;
      (2)    Each message or copy shall remain fixed for at least eight (8) seconds;
      (3)    Messages shall not flash, include animation, or emit intermittent light.
      (4)    Changes to messages, copy, or images shall be accomplished in not more than three (3) seconds;
      (5)    Changes in the message or display are not permitted between the hours of 12:00 a.m. and 6:00 a.m.;
      (6)    Each such sign must be capable of regulating the digital display intensity, and the light intensity level of the display must automatically adjust to natural ambient light conditions;
      (7)    No such sign shall be of such intensity as to create a distraction or nuisance for motorists;
      (8)    Displays shall not emulate traffic control devices;
      (9)    Such signs shall contain a default design that will freeze the sign in one position or cause it to go dark if a malfunction occurs;
      (10)    The entire message shall change at once, without scrolling, animation, flashing, blinking or other movement or noise.
   (f)    The changeable copy portion of any free-standing ground sign or wall sign shall not exceed seventy-five percent (75%) of the total area of the sign.
   (g)    Temporary signs shall not be illuminated.
   (h)    Signs not visible or intended to be read from off the premises are exempt from these regulations.
   
   (i)    All signs shall be erected entirely on private property with no part of said sign extending over the public street or right of way.
   (j)    Clear Sight Triangle. No sign shall be erected in the clear sight triangle as defined by the Zoning Ordinance. The sight triangle is a triangular-shaped portion of land established at street intersections and driveways in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Dimensions for the clear sight triangle are shown in the following diagram:
   (k)    All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this chapter. Specifically:
      (1)    Any permanent sign, supports, and lighting which advertises a business no longer conducted on the premises, fails to serve the purposes for which it was intended, or evidences a lack of maintenance, shall be removed by the owner, agent, or person having the beneficial use of the building, structure, or land upon which such sign is located. If not removed by the owners or occupants of the property within thirty (30) days of the notice of same, the Zoning Administrator shall cause the signs to be otherwise removed, and the cost of the removal shall be billed to the property owner;
      (2)    A sign shall have no more than twenty percent (20%) of its surface area covered with disfigured, cracked, ripped, or peeling paint, poster paper, or other material for a period of more than thirty (30) days;
      (3)    A sign shall not stand with bent or broken sign facing, with broken supports, with loose appendages or struts, or more than fifteen (15) degrees from vertical for a period of more than thirty (30) days;
      (4)    A sign shall not have weeds, trees, vines, or other vegetation growing upon it, or obscuring the view of the sign from the public right-of-way from which it is viewed, for a period of more than thirty (30) days;
      (5)    An internally illuminated sign shall be allowed to stand with only partial illumination for a period of no more than thirty (30) days;
      (6)    Flags shall not be faded, tattered, or torn;
      (7)    Upon determination that a sign is not being maintained, is in poor condition or repair, or is unsafe, the Zoning Administrator may order such sign to be brought into compliance or removed within a specified time period. Should the property owner fail to bring the sign into compliance as directed, the Zoning Administrator may remove (or cause to be removed) or maintain such sign at the expense of the person, firm or corporation who erected the sign or on whose premises it was erected, affixed, or attached. Each such person, firm, or corporation shall be individually and separately liable for the expense incurred in the removal of the sign. In the event of nonpayment of the removal expenses, the Zoning Administrator may request Council to certify any unpaid removal expenses to the County Auditor for placement on the tax duplicate for the subject property. The Zoning Administrator may also institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such violation.
         (Ord. 2022-42. Passed 10-5-22.)