1325.04 GENERAL PROVISIONS.
   (a)    Conformance to Codes. Any sign hereafter shall be designed, constructed and maintained in accordance with the provisions of this ordinance and the applicable provisions of the Ohio Building Code and any other applicable sections in the Ohio Building Code and any other ordinance or regulation within this jurisdiction.
      (1)   Construction documents and written consent. Construction documents for signs shall be submitted for approval in accordance with the provisions of Ohio Building Code and this ordinance. The application for approval shall be accompanied by the written consent of the owner or lessee of the property upon which the sign is to be erected.
         A.   Any required plan examination fees occurred from this chapter is billed by the hour and are in addition to any other applicable sign fees.
      (2)   Construction document exceptions:
         A.    Signs painted directly on building surfaces.
         B.    Temporary yard signs.
         C.    Signs erected by federal, state and local transportation authorities.
         D.    Signs not more than 2.5 square feet in area (0.23 m2).
         E.    Signs required in accordance with the provisions of Ohio Building Code Chapter 11.
         F.    Signs undergoing minor repairs in accordance with the Ohio Building Code Section 102.10.2 and this chapter.
   (b)    Signs in Rights-of-way. No sign other than an official traffic sign or similar sign shall be erected within 2 feet (610 mm) of the lines of any street, or within any public way, unless specifically authorized by other ordinances or regulations of this jurisdiction or any other laws, rules or regulations of this state or by specific authorization of the code official.
   (c)    Projections over Public Ways. Signs projecting over public walkways shall be permitted to do so only subject to the projection and clearance limits either defined herein or, if not so defined, at a minimum height of 8 feet (2438 mm) from grade level to the bottom of the sign. Signs, architectural projections or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the jurisdiction or any other laws, rules, or regulations of this state for such structures and premises.
   (d)    Traffic Visibility. No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
   (e)    Maintenance, Repair and Removal. Every sign permitted by this ordinance shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the code official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this ordinance, the owner thereof or the person or firm using same shall, upon written notice by the code official forthwith in the case of immediate danger, and in any case within not more than 10 days, make such sign conform to the provisions of this ordinance, or shall remove it. If within 10 days the order is not complied with, the code official shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign.
   (f)    Nonconforming Signs. Any sign legally existing at the time of the passage of this ordinance that does not conform in use, location, height or size with the regulations of the zone in which such sign is located, shall be considered a legal nonconforming use or structure and shall be permitted to continue in such status until such time as it is either abandoned or removed by its owner, subject to the following limitations:
      (1)    Structural alterations, enlargement or re-erection are permissible only where such alterations will not increase the degree of nonconformity of the signs.
      (2)   Any legal nonconforming sign shall be removed or rebuilt without increasing the existing height or area if it is damaged, or removed if allowed to deteriorate to the extent that the cost of repair or restoration exceeds 50 percent of the replacement cost of the sign as determined by the code official.
      (3)   Signs that comply with either Item (1) or (2) above need not be permitted.
   (g)    Noncommercial Speech. Noncommercial speech may be substituted for duly permitted commercial speech provided that the sign structure complies with the requirements in this Section without consideration of message content. Such substitution of message may be made without any additional approval or permitting, except where a permit is necessary to document that the physical change to the sign does not create a nuisance or safety hazard. This provision prevails over any provision to the contrary in this Section.
(Ord. 12470/13. Passed 5-22-13.)