(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 Warrensville Heights Building Code.
(c) Only signs specifically authorized by this Chapter shall be permitted. Signs not specifically permitted shall be considered prohibited.
(d) Temporary signs shall not be displayed for longer than either sixty (60) days or for the period during which the activity, event, or function to which the sign refers is occurring, whichever time period is shorter and may not be illuminated.
(e) Unsafe and Unlawful Signs. All signs, including temporary signs shall at all times be maintained in good condition and repair at all times. Upon determination that a sign is not being maintained, is in poor condition or repair, or is unsafe the Building Commissioner or his designated agent 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 Building Commissioner 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 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. The Building Commissioner may also institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such violation.
(f) Illuminated Signs. 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 to 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 (20) foot candles at any point on the sign face.
(3) Signs may use back lighting or halo lighting subject to the approval of the Planning Commission.
(4) 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 Building Commissioner 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 for property in the custody of the activity.
(g) Changeable Copy Signs. Changeable Copy Signs shall conform to the following standards:
(1) Each message or copy shall remain fixed for at least eight (8) seconds. Messages shall not flash, include moving video displays or animation, or emit intermittent light.
(2) Changes to messages, copy, or images shall be accomplished in not more than three (3) seconds.
(3) 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.
(4) No such sign shall be of such intensity as to create a distraction or nuisance for motorists or to exceed a maximum of 0.3 foot candles measured 200 feet from the sign's face.
(5) Displays shall not emulate traffic control devices.
(6) 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.
(7) The entire message shall change at once, without scrolling, animation, flashing, blinking or other movement or noise.
(8) No such sign shall have more than two faces and the total area of each face shall not exceed six hundred and seventy-two (672) square feet.
(9) The maximum height shall be eighty (80) feet above grade.
(10) Each such sign shall be setback a minimum of twenty (20) feet from any property boundary line.
(11) Freeway Changeable Copy Signs shall only be permitted on properties which immediately abut a limited access freeway and which are classified as U-6 Limited Industrial District.
(12) No Freeway Changeable Copy Sign shall be located within 2000 feet of any other Freeway Changeable Copy Sign, off-premises sign, or billboard.
(h) Exemptions. The following signs shall be exempt from these regulations:
(1) Any public purpose/safety sign and any other notice or warning required by a valid and applicable federal, state or local law, regulation or resolution.
(2) Any sign inside a building that is not visible from the exterior.
(3) Signs not visible from off the premises.
(i) Nonconforming Signs. Signs which were legally in existence prior to the effective date of this Chapter, but which do not conform with the provisions hereof, may be continued as a matter of right provided such signs comply with all safety regulations and are maintained as required by this chapter. Normal maintenance and repairs, repainting, and/or the replacement of tenant panels shall be permitted. Any alteration to the size or structure of such signs shall cause the sign to lose its nonconforming status and said sign shall be brought into compliance with this Chapter.
(j) All signs shall be erected entirely on private property with no part of said sign extending over the public street or right of way.
(k) Window Signs. In the U-4 Local Retail Store District, U-5 Commercial District, U-6 Limited Industrial District, Planned Mixed-Use Development District, or U-8 Hub District the aggregate area of all window signs advertising matter or other obstructions shall not be greater than twenty-five percent (25%) of the total window area.
(l) The occupant or owner of any premises upon which a violation of this chapter is apparent or the owner of any sign placed or remaining anywhere in violation of this chapter shall be deemed prima-facie responsible for the violation so evidenced and subject to the penalty provided therefore. (Ord. 2020-124. Passed 11-4-20.)