(a) All permanent signs shall require a permit. Permitted permanent signs shall be classified into one of the three following types: wall signs; window signs; and ground signs.
(1) Wall signs may be erected on a building wall or extension of a building wall which faces a street, parking lot or service drive, and such sign may not extend beyond any building setback lines. Wall signs shall be attached parallel to the building face and extend outward perpendicular from the building face a maximum of ten inches except as follows:
A. Signs may be painted on an awning area or attached to a canopy or marquee which projects beyond the building provided that no part of such sign may extend above the roof line, canopy or marquee.
B. Projecting nameplates provided that:
1. The nameplate does not exceed four square feet in size; is placed not less than eight feet above the sidewalk or ground level; projects no more than three feet outward from the building face; and
2. Is used only by a business having its own separate and individual entrance and located in a building having no front yard or is used by a number of businesses which share a common entry way in a building with no front yard and whose nameplate identifies the name and/or street address of the building, and not the names of the individual businesses.
(2) Ground signs, to include pole signs and other types of free standing signs, may be erected on a lot provided the location, height and other characteristics of the sign meet the regulations of this chapter. Only one ground sign per street front is permitted for any lot in any zoning district.
(3) Permanent window signs shall be limited to signs denoting the identification of the occupant, the address of the premises and its use. Except for the Uptown District where a business does not occupy first floor space, such signs shall be limited to use solely on the ground or first floor. Permanent window signs must comply with the Schedule of Sign Regulations.
(b) The following general requirements shall apply for characteristics of permanent signs:
(1) Illumination. Illumination of signs shall be permitted in all districts. Illumination shall be from a concealed or indirect light source and shall not flash, blink, fluctuate, travel, move or in any manner fail to provide constant illumination and shall not create a hazard or visibility problem or interfere with or impair vehicular movement on any street from which the sign may be viewed. Illuminated signs shall be constructed and maintained so that the source of illumination is shielded or otherwise prevented from beaming directly onto adjacent properties or streets.
(2) Animation or changeable copy signs (mechanical) and moving signs. Mechanical changeable copy signs, flashing signs, moving signs and the animation of signs are prohibited.
(3) Manual changeable copy signs. Manual changeable copy signs shall be permitted on ground signs only. Manual changeable copy signs shall comprise no more than one third (33.3%) of the total area of the sign per side or ten square feet per side, whichever is more, and shall comply with the maximum height standards specified in the schedule of sign regulations, and shall be an integral part of the sign. In residential districts, manual changeable copy signs shall not be internally illuminated and may be illuminated only between 6:00 a.m. and 11:00 p.m.
(4) Pennants, streamers, etc. No sign shall contain or consist of banners, pennants, ribbons, streamers or similar moving devices.
(5) Construction. The construction of all signs, including any electrical wiring necessary for the operation of illuminated signs shall conform to the specifications of Part 13 of the Codified Ordinances of the City of Westerville except for Chapter 1, Section 4101:2-1-35 of the Ohio Basic Building Code. All signs shall be adequately maintained and shall not constitute a safety hazard. The sign faces of a sign shall be kept neatly painted or posted at all times and, where applicable, shall be painted or replaced with blank panel(s) when copy is removed.
(6) Location.
A. All permanent signs shall be located on the site being promoted, identified or advertised. Off premise signs are prohibited.
B. In no case shall any part of a sign be placed in, over, or extend onto any public right-of-way except for projecting nameplates on lots where no front yard exists and for publicly owned signs such as traffic control and directional signs. In no case shall any part of a sign be placed in, over or extend above the roof line of any structure.
(7) Maximum number, height, and area of signs. In addition to placement of signs, the heights, area and number of permitted signs allowed per use or lot shall be regulated by districts and uses as listed under the Schedule of Sign Regulations of this chapter, except as specifically regulated elsewhere in this chapter. The height of a ground sign shall be measured from the established grade of the adjacent public street at the proposed sign location.
(8) Joint identification signs. Joint identification signs shall be limited to wall or ground signs and to premises where there are two or more uses located on a property having frontage on at least one public street. If the property fronts on one street, only one joint identification sign is permitted. A second joint identification sign is permitted, if the property fronts on two streets provided that the frontage for each street is not less than one hundred lineal feet. Additionally, a second joint identification sign is permitted in the Uptown District if the premises has pedestrian access open to the public from parking facilities both in the front and in the rear of the property. The size of a joint identification sign shall not exceed a total of twenty-five square feet nor shall less than four square feet be utilized by any one occupant of the property.
(9) Billboards. Billboards are prohibited as off-premise signs.
(10) Roof signs. Roof signs are prohibited.
(11) Permanent residential subdivision identification signage.
A. Such identification shall be limited to wall mounted signs or graphics only, for example, with placement on a brick wall, railroad ties, entrance columns on each side of a street or on a similar architectural or landscaping entrance feature that may be used. The reverse sides of identification features shall be finished to match the fronts. Pole type signage is hereby prohibited. Sign copy shall be limited to the name and logo of the subdivision. One manual changeable copy sign is permitted per entrance. Manual changeable copy signs are to be mounted on the rear of an entrance feature. Maximum area for residential manual changeable copy signs is four square feet.
B. Such identification features may not be located in the public right-of-way. Under no circumstances shall such feature be located in the tree lawn nor the clear sight triangle defined in Section 1181.02, nor impair the future utilization or expansion of public streets.
C. The maximum area for such identification is 20 square feet at any one entry location. A maximum of one permanent residential subdivision identification sign is permitted on each side of the street at each entry location to a development.
D. No part of any such sign shall be closer to any public right-of-way than ten feet.
E. The maximum height for such identification is six feet above grade.
F. Applications for permanent subdivision identification signs must demonstrate provisions for future maintenance and maintenance easements at the time of final platting. Written consent of the property owner of each proposed sign location shall be submitted with each permit application.
(c) Electronic Message Centers. Electronic message centers ("EMCs") are conditionally permitted in all zoning districts subject to the provisions of Chapter 1111
and the following:
(1) General.
A. Not more than one EMC shall be permitted on a parcel, provided such parcel must be a minimum of 20 acres.
B. An EMC shall only be allowed on a ground sign.
C. The EMC shall be the only changeable copy (manual or otherwise) on the parcel.
(2) Setbacks.
A. Minimum setback from the right-of-way: ten feet.
B. Minimum setback from each side lot line: 300 feet.
(3) Maximum size: ten square feet or 50% of the overall ground sign size, whichever is more.
(4) Color. Display must consist of a black background and either red copy or amber (orange) copy.
(5) Message timing.
A. Minimum display time ("dwell time"): Each message shall appear static for a minimum of eight seconds.
B. Transition time: The transition from one message to another shall be as instantaneous as possible, and the EMC shall not display a blank screen between messages for more than one second before the next message appears.
(6) Brightness:
A. Maximum daytime brightness: between sunrise and sunset, luminance shall not exceed 3,000 nits.
B. Maximum night time brightness. From sunset to 11:00 p.m., and from 5:30 a.m. to sunrise the EMC shall automatically adjust luminance to a maximum of 100 nits. Nighttime is calculated to Westerville, Ohio for either of the following times:
1. Civil dusk to civil dawn as established by the National Weather Service or other similar reliable source; or
2. Thirty minutes after apparent sunset and 30 minutes prior to apparent sunrise as established by the National Oceanic and Atmospheric Administration.
C. Automatic shut off. The EMC shall not emit any light between 11:00 p.m. and 5:30 a.m.
(7) Letter sizing.
A. Letters shall not be smaller than six inches in height.
B. Letters shall be of an appropriate width proportionate to height so as to be clearly legible.
C. Not more than six rows of text shall be displayed at any one time.
(8) Visual effects prohibited. The manipulation or changing of portions of the EMC to produce an illusion of movement, or other effect is prohibited. Examples of prohibited effects include but are not limited to:
A. Dissolve: An effect accomplished by varying the light intensity and pattern in which an effect in which one message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.
B. Fade: An effect accomplished by varying the light intensity, where a message gradually reduced intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
C. Sequencing: An effect where a message is not completed in one display, and is continued on a subsequent display.
D. Dynamic frame effect: an effect in which the illusion of motion and/or animation is used.
E. Blink or flash: an effect characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination.
F. Patterned illusionary movement: an effect characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
G. Scroll: an effect in which a message appears to move vertically across the display surface.
H. Travel: an effect in which a message appears to move horizontally across the display surface.
I. Video: the display of photographic images in sequence.
(9) Operating regulations.
A. Maintenance: Regular maintenance is required to ensure that each component and part operates as designed. If more than 10% of the illumination area are not functioning, the use of EMC shall cease until it is repaired and fully-functioning.
B. Content: The owner shall be responsible for all messages displayed. Messages that include content that either the United States Supreme Court or the Ohio Supreme Court has found may lawfully be prohibited because such content is not considered to be speech protected under either the Federal Constitution or the Constitution of the State of Ohio (including but not limited to, speech that is obscene, an incitement to imminent violence, or defamatory) are not allowed.
C. Security: Reasonable means shall be used to control and secure access to messaging capabilities to ensure that those messages approved by the property owner are displayed.
D. Contact person: Owner shall maintain on record with the City Planning Division the name, telephone number, and email address of a primary and secondary individual to serve as a personal contact, each of whom has direct access to the EMC control, and shall promptly update as necessary. These individuals must be empowered to quickly ensure that compliance with these guidelines or other lawful order is achieved.
(10) Approval process.
A. Except as provided in division (c)(10)B.2. below, all persons desiring an EMC shall submit an application for a conditional use and proceed in accordance with Chapter 1111. The person shall also file an application for a sign permit pursuant to Section 1181.04.
B. An EMC that is only capable of displaying static monochromatic numerals (e.g. "price panels," "time/temperature displays") may be approved by the Zoning Officer in accordance with Section 1181.04, provided such EMC complies with divisions (e)(5) through (9)A. above. For purposes of this section:
1. "Static" means the changeable copy displayed by a price panel does not change more than once per day and the changeable copy for a time/temperature display changes only when the time or temperature changes.
2. "Monochromatic" means the changeable copy is only capable of displaying a single color on a black background.
3. "Numerals" means the changeable copy is only capable of displaying numerical digits and symbols or single letters denoting a unit of measurement.
(Ord. 98-58. Passed 1-19-99; Ord. 2018-11. Passed 5-15-18.)