749.01 Purpose.
749.02 Definitions.
749.03 Required compliance and permit.
749.04 Regulations applicable to all signs.
749.05 Exempt signs.
749.06 Free speech messages.
749.07 Computation of sign area and sign height.
749.08 Signs prohibited in all sign districts.
749.09 Sign districts established.
749.10 Signs permitted in industrial sign districts.
749.11 Signs permitted in commercial sign districts.
749.12 Signs permitted in historic sign districts.
749.13 Signs permitted in residential sign districts.
749.14 Temporary signs.
749.15 Signs for non-conforming uses.
749.16 Procedures for sign permits.
749.17 Non-conforming signs.
749.18 Removal of signs.
749.19 Appeals and variances.
749.20 Violations.
749.21 Severability.
749.99 Penalty.
CROSS REFERENCES
Public property on - see TRAF. 311.05
Liquor sales age warning - see GEN. OFF. 529.06
Easel board signs - see BUS. REG. 717.06
Signs and the sign industry represent an important part of the public communication and identification system within the Troy community. Also, advertising by means of signs is recognized as a legitimate part of business enterprise. Of equal importance is accomplishing this communication, identification, and advertising in a manner that will not detract from existing business and residential investment and in a manner consistent with local values of community appearance and traffic and pedestrian safety. The City of Troy has historically evidenced a concern in keeping the City beautiful. Uncontrolled use of signs can lead to visual clutter, thus reducing the effectiveness of the individual messages and, in some cases, rendering individual signs useless. Thus, there is a public benefit, a public value, and an element of the public safety in controlling the location, type, and size of signs within the City. The sign regulations of this Sign Code are intended to take into consideration the community appearance as well as safety effects of signs upon the environment in which they are located. This regulation also intends to protect and safeguard the First Amendment of the United States Constitution.
(a) Findings.
(1) City Council members recognize that signs not only serve commercial purposes but that they offer an easy method for providing site-specific information and an inexpensive way for people to express their opinions on matters of public interest and their support for particular causes or events. For that reason, City Council members find that it is both necessary and appropriate to provide more liberally for noncommercial signs than for commercial ones, but that noncommercial signs, like commercial ones, should be subject to significant limitations in size and height.
(2) The current Troy Zoning Ordinance was approved on January 1, 2000, after considerable public discussion, which included a sign code.
(3) Throughout the time that the City has administered and maintained a sign ordinance, signs espousing political candidates and causes and expressing individual opinions on matters of public policy have appeared throughout the community with no record of municipal interference with such signs based on their content and with no litigation over the use of signs to express personal opinions.
(4) Sign regulation in Troy is part of a comprehensive program of planning and zoning controls.
(5) Safety of traffic and pedestrians is also an important consideration to the City Council of Troy in amending its sign ordinance.
(6) Based on evidence and based on their personal observations as drivers and passengers, the City Council finds that there is evidence that billboards and other signs distract drivers for at least brief periods of time from their driving tasks and that such distraction may have an effect on traffic safety.
(7) Although the evidence regarding traffic safety is mixed, City Council members are well aware that the intent of billboard advertisers is to attract the attention of drivers, thus distracting them from their driving task and creating an increased risk of accidents.
(8) The City Council finds that there is a relationship between traffic safety and the regulation of signs and a particular relationship between traffic safety and large signs such as billboards.
(9) Main Street in Troy is also Ohio State Route 41, which carries in excess of ten thousand vehicles through the heart of the City.
(10) Market Street in Troy is also Ohio State Route 55, which carries in excess of ten thousand vehicles through the heart of the City.
(11) Because much of the traffic on S.R. 41 and S.R. 55 exits from I-75 in Troy, vehicles are often used to traveling at relatively high rates of speed, creating a potentially dangerous situation for pedestrians in the downtown area.
(12) A major north-south arterial in Troy is County Road 25A, which also functions as a secondary road for I-75, carrying tens of thousands of vehicles per day on Main Street and Market Street.
(13) Although there is less pedestrian activity along County Road 25A than along main thoroughfares, there are many intersections with local and collector streets, creating a more complex driving environment than is found on frontage roads.
(14) Troy has other exits from I-75 which draw traffic from and feeds traffic to County Road 25A.
(15) Commercial and light industrial activity focused around I-75, County Road 25A, major thoroughfares and the two Interstate 75 exits create a significant demand for commercial advertising, a demand that the City must balance with its goal of maintaining local traffic conditions that are safe for drivers and pedestrians alike.
(16) For all of these reasons, the City Council finds that it is both necessary and appropriate as part of its overall zoning and sign provisions and other code provisions designed to preserve and protect the public health, safety and welfare in the physical development of the community to adopt a Sign Code.
(17) City Council and the Planning Commission held public meetings to review the draft to the Sign Code.
(Ord. 7-2009. Passed 2-2-09.)
For the purpose of this Chapter, certain words and phrases shall have the meanings respectively ascribed to them below:
(a) "Building Frontage". The total width of all sides of an enclosed building which faces a public right-of-way, measured by lines perpendicular to, or on the radius of, the public right-of-way. When the building is located on a parcel not abutting a public right-of-way, building frontage shall be determined with reference to abutting private drives which are intended for use by patrons of the business.
(b) "Building Setback". The minimum linear distance between a sign, building or structure and the right-of-way line of a public street or the side lot line of an adjacent parcel.
(c) "Occupancy Permit". A permit issued in accordance with the Zoning Code to the occupant of a commercial or industrial building.
(d) "Sign". A name, identification, description, including non-commercial content, display, illustration, usually including alphabetic or numeric characters, which is affixed to or painted upon or represented directly or indirectly upon a building, structure, or piece of land or affixed to the inside or outside of a door or window so as to be seen from the outside of a building and which directs attention to an object, product, place, activity, person, institution, organization or business.
(1) Aerial Sign. A balloon or other airborne flotation device which is tethered to the ground or to a building or other structure that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered.
(2) Awning Sign. A sign that is mounted, painted, or otherwise applied on or attached to an awning or other fabric, plastic, or structural protective cover over a door, entrance, or window of a building. A marquee or a canopy is not an awning.
(3) Banner Sign. A sign of lightweight fabric or similar non-ridged material that is mounted with no enclosing framework.
(4) Building Sign. A sign that is attached to, mounted on, or painted on a building. This includes awning signs, canopy signs, marquee signs, projecting signs, roof sign, and wall signs.
(5) Canopy Sign. A sign that is mounted, painted, or otherwise applied on or attached to a freestanding canopy or structural protective cover over an outdoor service area. An awning or a marquee is not a canopy.
(6) Changeable Copy Sign. A sign or portion thereof, designed to accommodate frequent message changes composed of characters, letters, or illustrations and that can be changed or rearranged, either manually or electronically, without altering the face or surface of such sign.
(7) Commercial Message. A sign, wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
(8) Construction Sign. A sign indicating the title and basic information regarding a project and indicating the names of architects, engineers, contractors and similar persons or firms involved in the design, construction and/or financing of the structure or project.
(9) Development Identification Sign. A sign which, by means of symbol or name, identifies a shopping center, commercial or industrial park, or other development that may contain a mixture of residential, commercial, and/or industrial uses.
(10) Directional Sign. A sign directing vehicular and/or pedestrian movement into, within, and/or out of a premise.
(11) Drive-Through Sign. A sign designed to instruct customers or users in automobiles regarding specific products or services offered on the site or in the building, or regarding methods of payment accepted, or for receiving orders for products or services.
(12) Electronically Controlled Changeable Copy Sign. A sign or portion thereof that displays electronic information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays.
(13) Free Speech Message Sign. A sign that displays any message that does not convey any commercial message.
(14) Flashing Sign. An illuminated sign on which the lights either blink on and off randomly or in sequence or have intermittent variation in intensity or color.
(15) Freestanding Sign. A sign independently supported by the ground or mounted on a supporting structure that is placed on or anchored in the ground and is independent from any building.
(16) Freeway-Oriented Sign. A sign located within one thousand (1,000) feet of any ramp of an interstate highway.
(17) Fuel Pump Sign. A sign affixed to or mounted on a fuel pump.
(18) Gateway Sign. See Subdivision Identification Sign.
(19) Ground Sign. A sign suspended or supported by one or more uprights or braces anchored in the ground with no more than thirty (30) inches clearance from the bottom of the sign to the ground below.
(20) Identification Sign. A sign which, by means of symbol or name, identifies the area or premises where such sign is located or to which it is affixed.
(Ord. 7-2009. Passed 2-2-09.)
(21) Incidental Sign. A sign containing no commercial message and typically erected to identify address, entrances, exits, restrooms, hours, days of operation, public utility locations, emergency address and telephone numbers, etc., and one (1) internally illuminated window sign to indicate that the business is “open”. These examples are not given by way of limitation; an incidental sign can contain any noncommercial message, in accordance with Section 749.05.
(Ord. 4-2012. Passed 3-5-12.)
(22) Institutional Sign. A sign, which by symbol or name, identifies an institutional use permitted within a residential zoning district and may also provide the announcement of services or activities to be held therein.
(23) Illegal Sign. A sign that is without a valid zoning permit, is not a nonconforming sign, and is not expressly permitted and/or exempt from the provisions of this Sign Code.
(24) Illuminated Sign. A sign that is lighted by one (1) or more of the following artificial light sources:
A. External. A separate light source from the sign face or cabinet directed so as to shine on the sign face or exposed lights or neon tubes on the sign face.
B. Internal. A light source concealed within the sign structure.
(25) Internal Sign. A sign that is not intended to be viewed from outside the property, and located so as not to be legible from any public right-of-way or from any adjacent property, including any signs in interior areas of shopping centers, commercial buildings and structures, stadiums, and similar structures of a recreational nature. Also included in such definition is a sign inside a building more than three (3) feet inside any window or door and any sign not attached to a window or door that is not legible from a distance of more than five (5) feet beyond the lot line of the zoning lot or parcel on which such sign is located.
(26) Legible. A sign or message that can be understood by a person with at least an eighth-grade education. Where these Regulations require a determination of "legibility," the standard shall be based on the eyesight of an adult eligible to receive an Ohio driver's license (wearing corrective lenses if required by such license). Where the height of the person is material to the determination, the person shall be presumed to be more than five feet and less than six feet tall.
(27) Marquee Sign. A sign that is attached to, in any manner, or made a part of any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.
(28) Moving Sign. Any sign which in part or in total rotates, revolves, or otherwise is in motion.
(29) Neon Sign. A sign formed from neon lamps containing neon gas.
(30) Nonconforming Sign. A sign lawfully existing prior to the enactment of the sign provisions of this Sign Code or any appropriate amendment thereto, but which could not be erected in accordance with such provisions or amendment.
(31) Obsolete Sign. A sign that no longer advertises or identifies a bona fide business or product sold.
(32) Off-Premise Advertising Sign. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than where such sign is located.
(33) On-Premise Sign. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered upon the premises where such sign is located.
(34) Pennant. A string of shaped, brightly colored pieces of fabric, vinyl, plastic or other material, with or without a message or logo, intended to attract attention.
(35) Permanent Sign. A sign made of materials that are intended to last for more than a short period of time and intended for more than short term use, and such sign is attached to a building, attached to a structure, or is attached to the ground in some manner.
(36) Portable Sign. A sign that is movable, is not permanently attached to either the ground, a building, or a permanent structure, and is designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes. A portable sign includes any sign supported by a chassis that is designed to be easily moveable; any sign designed to be transported by means of wheels or skids. This definition excludes any lightweight "A-frame" base or any sign made out of other moveable items including, but not limited to, balloons, banners, flags, and umbrellas.
(37) Projecting Sign. A sign attached to or supported by a building or structure in such a manner that it extends more than twelve (12) inches.
(38) Real Estate Sign. A sign pertaining to the sale or lease of the lot or tract of land on which the sign is located or to the sale or lease of one (1) or more structures or portion thereof located on such lot or tract of land.
(39) Roof Sign. Any sign erected upon, displayed upon or supported by the roof of a building or structure.
(40) Special Event Sign. A temporary sign, the function of which is to announce a special event on the site.
(41) Subdivision Identification Sign or Gateway Sign. A sign which, by means of symbol or name, identifies a subdivision.
(42) Temporary Sign. A sign which is placed for a time period of no more than twenty-eight (28) days in a calendar year, intended to announce temporary events, and is not attached to a building, to a structure, or into the ground in a permanent manner, such sign usually being constructed of poster board, cardboard, masonite, plywood or plastic material and mounted to wood, metal, wire or rope frames or supports.
(43) Vehicle Sign. Any sign attached to or painted on a vehicle parked and legible from the public right-of-way, unless said vehicle is used for transporting people or materials in the normal day-to-day operations of the business.
(44) Wall Sign. A sign that is affixed to, painted on, or attached to the wall of the building or other structure and which extends not more than twelve (12) inches from the face of such wall.
(45) Warning Sign. Any sign indicating the danger of a situation that is potentially dangerous.
(46) Window Sign. A sign that is affixed, painted on, or attached to the inside glass of a window or displaced within twelve (12) inches of the inside surface of a window designed and intended to allow those inside or outside the structure to view into or out of the building through the window.
(e) "Sign Area". The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure of similar character together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed. The area of a sign having more than one (1) display surface shall be computed as the total area of the exposed exterior display surface area.
(f) "Sign Face". The surface of the sign upon, against or through which the message of the sign is exhibited.
(g) "Sign Height". The vertical distance from the uppermost point used in measuring the area of the sign to the ground immediately below such point or to the level of the upper surface of the nearest curb or a street or alley (other than a structurally elevated roadway) whichever measurement permits the greatest elevation of the sign.
(h) "Sign Structure". A structure specifically intended for supporting or containing a sign.
(i) "Undeveloped Property". A parcel upon which no building has been erected.
(j) "Zoning Administrator". The City of Troy Director of Public Service and Safety, or designee, who is responsible for administering and enforcing this Sign Code.
(k) "Zoning Certificate" or "Zoning Permit". That document signed by the Zoning Administrator which certifies that the use to be made of a particular property is a permissible use according to the terms of the Zoning Code.
(Ord. 7-2009. Passed 2-2-09.)
Loading...