(a) Purpose. It is not the intent of the City of Troy, Ohio to infringe on the rights of property owners and occupiers to display messages protected by the First Amendment of the Constitution of the United States. Therefore, the purpose of these regulations include the intention to clarify the regulations and to remove any doubt that is the public's right to receive and display free speech messages, subject however, to reasonable regulations to assure safety and minimize visual blight.
(b) Definition. "Free Speech Message" shall mean any message that does not convey a commercial message. "Commercial Message" shall mean any sign, wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
(c) Conflict with Existing Provisions. In furtherance of the purpose of this section, if there is any conflict between the provisions of this section and with any other section of the Sign Code, including those provisions regulating signs, and such conflict could be construed to infringe on free speech messages, the provisions of this section shall control.
(d) First Amendment Safeguards. In order to safeguard the protections offered by the First Amendment, the following regulations shall apply:
(1) Every parcel in all zoning districts shall be permitted to display five (5) two-sided or five (5) one-sided temporary signs containing any free speech message,
(2) Each side of the sign (sign face) shall not exceed the maximum square footage of any sign displaying a commercial or non-commercial message within the zoning district where the free speech message sign is displayed,
(3) The maximum height limitation shall be four (4) feet above finished grade level,
(4) Such signs shall be set back at least six (6) feet from any right-of-way line and at least five (5) feet from all other property lines,
(5) In no event shall such sign be erected in the right-of-way.
(6) Such sign shall not be subject to the permitting requirements of the Sign Codes, and
(7) Such sign must be kept in good and safe condition.
(e) Because of the nature of materials typically used to construct public issue signs, to avoid the unsightliness of deteriorating signs and all safety concerns which accompany such a condition, signs permitted by this section shall be maintained in good and safe condition. If a sign permitted in this section is not maintained in good and safe condition, notice shall be sent to the property owner by regular mail. The property owner shall have seven (7) days from the date of mailing indicated on the notice to restore the sign to good and safe condition. If the sign is not restored to good and safe condition within seven (7) days, and the owner or occupant of the property has not filed an appeal from the notice, then the owner and/or occupant shall be in violation of this section and subject to Section 749.17(b). In addition, no sign permitted by this section shall be placed in the right-of-way. Such signs in the right-of-way may be removed by the City without notice.
(f) Signs authorized by this section may be erected and displayed without obtaining a Zoning Certificate or a Building Permit.
(g) Signs authorized by this section may be displayed in vacant lots so long as consent of the property owner to display the sign is obtained.
(h) Signs authorized by this section may not be separately illuminated.
(i) Every parcel that is permitted to display a sign containing a commercial message or other permitted message pursuant to this Sign Code shall be permitted to display a free speech message in lieu of the permitted commercial message on the sign authorized for a commercial message. However, this provision shall not apply to:
(1) Signs installed by employees or officials of a governmental agency in the course of their governmental duties and bearing no commercial message;
(2) Signs required by a state or federal statute;
(3) Signs required by an order of a court of competent jurisdiction;
(4) Signs installed by public utilities in their rights-of-way or on their facilities and bearing no commercial message other than such message is necessary to identify the use; and
(5) Signs installed by a transit company with a franchise or other right to operate in the City of Troy, Ohio, where such signs are installed along its routes and relate to schedules or other information about the transit route.
(j) Whether a sign displays a commercial message or a free speech message, each sign shall still be subject to the dimensional regulations imposed in each zoning district, including but not limited to, size, height, area and setback in the same manner as if it were displaying a commercial message. Signs with the free speech message displayed in lieu of a commercial message shall be permitted in addition to signs displaying the free speech message permitted by this section.
(k) No sign except those authorized and conforming to the Ohio Uniform Code of Traffic Control Devices shall be permitted in any public right-of-way. Any sign unlawfully installed in a public right-of-way shall be deemed abandoned and may be removed by the City.
(Ord. 7-2009. Passed 2-2-09.)