Chapter 18.140
SIGNS
Sections:
Article I. On-Premises Signs
18.140.010 Purpose.
18.140.020 Placement.
18.140.030 Exemptions.
18.140.040 Maintenance and removal.
18.140.050 Temporary sign permits.
18.140.060 Prohibited signs.
18.140.070 Provisions for theaters.
18.140.080 Permitted uses by district.
Article II. Off-Premises Advertising Signs
18.140.090 Purpose.
18.140.100 Placement.
18.140.110 Maintenance and removal.
18.140.120 Prohibitions.
18.140.130 Permitted uses by district.
18.140.140 Requirements.
18.140.150 Off-premises advertising sign chart.
18.140.160 Off-premises signs – Examples.
Article I. On-Premises Signs
18.140.010 Purpose.
This article is intended to provide reasonable standards for signs utilized for identification of an owner’s business or industry while discouraging their proliferation, disrepair, or garishness. [Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 25, § 1; 1982 Code § 153.105; 1983 Code § 15.153.105.]
18.140.020 Placement.
(A) A “sign” means an identification, description, display, or illustration which is affixed to, painted, or represented directly or indirectly on a building or land and which directs attention to a product, person, business, or service associated or offered as the primary use, business, or activity on the premises.
(B) A sign may not be erected or placed in any district with the exception of those signs listed in EMC 18.140.030, until a zoning use permit has been issued by the Area Plan Commission. Items needed for a zoning use permit include frontal elevation showing size of sign and height above street elevation.
(C) Each sign requiring a permit shall display the permit number. [Ord. G-78-13, passed 5-8-78; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 25, § 2; 1982 Code § 153.106; 1983 Code § 15.153.106.]
18.140.030 Exemptions.
(A) The following signs are exempt from the requirements of this article:
(1) Signs not exceeding two square feet in area which identify the names and addresses of occupants but do not denote commercial activity.
(2) Flags and insignias of a governmental unit, church, or organization except in connection with a commercial promotion.
(3) Legal notices, identification, informational, warning, trespassing, or directional or architectural features of buildings.
(4) Memorial plaques and historical markers.
(5) Integral decorative or architectural features of buildings.
(6) One real estate sign for each frontage, not exceeding six square feet, indicating the sale, rental, or lease of the premises.
(7) Traffic or directional signs placed by a municipality or the State.
(8) In the AIR district, signs related to the airport or any airside signage placed by the EVAAD.
(B) An exempt sign may be illuminated but may not be flashing or animated. [Ord. G-2011-7 § 1(J), passed 5-16-11; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 25, § 3; 1982 Code § 153.107; 1983 Code § 15.153.107.]
18.140.040 Maintenance and removal.
(A) When the product, person, business, or service that is advertised on a sign is abandoned or altered, the sign must be removed within 60 days or altered to depict an existing product, business, or service on the premises. The owner and tenant of the land are equally responsible for removal or alteration of the sign.
(B) A sign is considered not to be functional when its essential elements are no longer readable, when it is materially obstructed from view, or when a condition of dilapidation exists.
(C) The Building Commissioner has the right of entry to inspect signs to determine whether they are functional. If the Commissioner determines that a sign is not functional, he shall send written notice to the owner of the sign to remove, alter, or repair the sign. If the owner does not comply within 60 days, the Commissioner shall order removal of the sign at the owner’s expense. [Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 25, § 4; 1982 Code § 153.108; 1983 Code § 15.153.108.]
18.140.050 Temporary sign permits.
(A) The following signs are permitted only with the issuance of a temporary sign permit:
(1) Signs and business advertising a special event, exclusive of those used by theaters, as regulated by EMC 18.140.070. Issuance of the permit shall be for a maximum of 10 days.
(2) One sign for each street frontage of the premises or building which is being constructed, demolished, or remodeled to announce the character of the building enterprise. This sign may not exceed 64 square feet in area. Issuance of the permit shall be for the period of the construction, demolition, or remodeling.
(3) One sign not to exceed 200 square feet in area for each street entrance to a subdivision to advertise the sale, rental, or lease of real property. The sign may not be erected until the subdivision has been recorded and approved. Issuance of the permit shall be for 12 months.
(4) One sign not to exceed 16 square feet in area for each model home, temporary office, or model apartment in subdivision. The sign must be solely for direction or for promotion of the use. Issuance of a permit shall be for six months with renewal by the Area Plan Commission for a three-month period.
(5) Portable, Folding, or Moving Signs. Issuance of the permit shall be for a maximum of 30 days. A portable sign may not be placed in a street or highway right-of-way or sidewalk or where it blocks traffic vision.
(B) All temporary signs must conform to the requirements of this title and are subject to the inspection, removal, and penalties provided by this title. [Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 25, § 5; 1982 Code § 153.109; 1983 Code § 15.153.109.]
18.140.060 Prohibited signs.
The following signs are prohibited:
(A) Signs or posters affixed to telephone and utility poles, trees, or other structures on a public right-of-way;
(B) A sign placed over or in a public street or highway right-of-way;
(C) A sign erected at a location where it may interfere with, obstruct the view of, or be confused with a traffic or railroad sign or signal, or oncoming traffic, or where it would present a traffic hazard as determined by the City Urban Transportation Study;
(D) Display lights resembling danger or emergency lights;
(E) Use of the words “stop,” “danger,” “look,” or any other word which would confuse traffic;
(F) Rotating or revolving beams of light;
(G) Placement or projection of a sign nearer than 18 inches to a curb;
(H) Flashing, moving, or intermittent lights except white. [Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 25, § 6; 1982 Code § 153.110; 1983 Code § 15.153.110.]
18.140.070 Provisions for theaters.
(A) Attraction boards located on the premises of a theater are not part of the 50 percent maximum coverage area required in EMC 18.140.080.
(B) Use of the words “stop,” “danger,” and “look” may be used only when they are part of attraction title, but may not be used in such a way that they simulate official traffic warnings. [Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 25, § 7; 1982 Code § 153.111; 1983 Code § 15.153.111.]
18.140.080 Permitted uses by district.
(A) In any district, a sign conveying only instructions related to the premises on which it is maintained may be erected so long as the area of the sign does not exceed three square feet and the sign is located at least six feet from any curb and they must not be creating a traffic hazard.
(B) In all districts, identification and instructional signs may not be erected or maintained unless they conform to the requirements shown on the following chart.
|
DISTRICT |
A, CON, R-1, R-2 |
R-3 to CO-2 |
C-1 |
C-2 |
C-3 |
W-R, C-4, C-5 |
M-1 to M-3, W-I, AIR |
|---|---|---|---|---|---|---|---|
|
Maximum Area |
10 sq. ft. |
200 sq. ft. |
300 sq. ft. |
500 sq. ft. |
150 sq. ft. |
500 sq. ft. |
1,000 sq. ft. |
|
Number of Signs per Street Frontage |
1 |
1 |
2 |
2 |
2 |
3 |
3 |
|
Illumination |
Yes, all signs but not flashing |
Yes, all signs but not flashing |
Yes, all signs |
Yes, all signs |
Yes, all signs |
Yes, all signs |
Yes, all signs |
|
Special Restrictions |
100 sq. ft. if approved as conditional use by the APC |
Bed and breakfast and boardinghouse limited to a maximum 6 sq. ft. sign; if lighted, must be externally illuminated |
Flat signs: maximum coverage of wall area 50%; Canopy signs: maximum extension above canopy 6 ft.; 500 sq. ft. if approved by APC as a conditional use |
Same as C-1 |
Requires approval of Redevelopment Commission for all signs |
In the AIR district: all signs require approval of the EVAAD; and signs for commercial businesses unrelated to the airport must comply with these requirements |
[Ord. G-2011-7 § 1(K), passed 5-16-11; Ord. G-93-24, passed 12-14-93; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 25, § 8; 1982 Code § 153.112; 1983 Code § 15.153.112.]
Cross-reference: Building code sign regulations, Chapter 15.20 EMC.
Article II. Off-Premises Advertising Signs
18.140.090 Purpose.
This article is intended to provide reasonable standards for off-premises advertising signs while discouraging their proliferation, disrepair, or garishness. Off-premises signs shall not be included with on-premises signs in determining the total number or size of signs permitted on any site. [Ord. G-99-8, passed 7-13-99; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 26, § 1; 1982 Code § 153.120; 1983 Code § 15.153.120.]
18.140.100 Placement.
(A) An “off-premises advertising sign” means an identification, description, or illustration which directs attention to a product, person, business, or service not offered or sold as the primary use, business, or activity on the premises where it is located.
(B) An off-premises advertising sign may not be erected or placed in any district until an improvement location permit has been issued by the Area Plan Commission and prior consent has been obtained from the owner of the premises on which the sign is located.
Items needed for an improvement location permit include the following:
(1) Engineered structural plans, including elevation and plan views showing height above grade level, dimensions, spacing between faces, and degree of angle for V-type signs;
(2) Commercial site plans meeting the requirements for commercial review by the Site Review Committee, including a surveyor certification of the exact location of sign from property lines; centerlines of abutting streets or rights-of-way; distance to the nearest point of any existing off-premises sign within a 500-foot radius; distance to the nearest point of any existing off-premises sign within a 600-foot radius along controlled access thoroughfares; distance to the nearest off-premises sign within 900 feet along the same side of the street; distance to the nearest off-premises sign within 1,100 feet along the same side of a controlled access thoroughfare; distance to the nearest residential district or residence within a 200-foot radius; and distance to the nearest property line of any public park, church, school, or museum within a 300-foot radius;
(3) Legal description or boundary description of the property where the sign is to be located;
(4) Proof of consent from the owner of the site;
(5) Outline of the pole must be clearly indicated on the site at the time of application, prior to inspection of the site.
(C) Nonconforming off-premises signs and billboards are subject to the provisions of EMC 18.160.010(A). [Ord. G-99-8, passed 7-13-99; Ord. G-78-13, passed 5-8-78; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 26, § 2; 1982 Code § 153.21; 1983 Code § 15.153.121.]
18.140.110 Maintenance and removal.
(A) When the product, person, business, or service that is advertised on an off-premises advertising sign is abandoned or altered, the sign must be removed or altered within 60 days to depict an existing product, person, business, or service. The owner and tenant of the land are equally responsible for removal or alteration of the sign. The alteration of a sign or the erection of a previously removed and/or abandoned sign requires the procurement of an improvement location permit and compliance with EMC 18.140.100(B). This does not apply to the face change of an off-premises sign.
(B) An off-premises advertising sign is considered not functional when any of the following conditions exist:
(1) Its essential elements are no longer readable;
(2) It is physically obstructed from view;
(3) A condition of dilapidation or danger exists;
(4) The area that is leased for the sign or within 25 feet of a sign on an undeveloped property is not kept free of weeds, debris, or refuse.
(C) The Building Commissioner has the right of entry to inspect off-premises advertising signs to determine whether they are functional.
(D) When relocation or removal of an off-premises sign becomes necessary due to construction, expansion, or other development planned on the site where the sign is located, the sign may be moved by the sign owner to another location on that same site within 20 feet of the location of the original sign, providing the location within 20 feet of the original sign does not increase the nonconformity of the sign. Once the sign has been removed, a temporary approval shall be effective for a period of 90 days. During that time, an off-premises sign may be erected after issuance of all required permits. Permit fees may be waived if the off-premises sign structure is the same configuration and erected in the same manner as the original sign, is of the same or smaller size than the original sign, and documentation is provided from the owner of the site that the relocation of the sign is necessary due to construction, expansion, or other development planned for the site.
(E) When replacement of an off-premises sign becomes necessary due to a safety hazard on the site where the sign is located, a safety upgrade by the sign owner may be permitted on that same site within 20 feet of the location of the original sign, providing the location within 20 feet of the original sign does not increase the nonconformity of the sign. Once the sign has been removed, a temporary approval shall be effective for a period of 90 days. During that time, an off-premises sign may be erected after issuance of all required permits. Permit fees may be waived if the off-premises sign structure is the same configuration and erected in the same manner as the original sign, is of the same or smaller size as the original structure, and documentation is provided from the Building Commissioner or from OHSHA that replacement of the sign is necessary due to the unsafe or dangerous condition of the off-premises sign.
(F) When a legal nonconforming off-premises sign is removed, no permit may be issued to replace the sign.
(G) All off-premises signs must display copy encompassing the entire display face at all times. If copy is not displayed for a period exceeding 60 days, the permit for the off-premises sign may be revoked. [Ord. G-2004-5, passed 6-15-04; Ord. G-99-8, passed 7-13-99; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 26, § 3; 1982 Code § 153.22; 1983 Code § 15.153.122.]
18.140.120 Prohibitions.
The following are prohibited in connection with any off-premises advertising sign:
(A) Placement where the sign or its illumination may interfere with, obstruct the view of, or be confused with traffic or railroad signs or signals or oncoming traffic; or where they would present a traffic hazard;
(B) Lights resembling danger or emergency lights; rotating or revolving beams of lights;
(C) Flashing or intermittent lights, electronic messages, animated, moving or changing messages, and similar signs unless approved as a special use by the Board of Zoning Appeals;
(D) Placement which displaces any required parking space(s);
(E) Placement within any parking or access aisle unless approved by the Site Review Committee;
(F) Temporary placement of mobile or movable off-premises signs;
(G) Placement on any unplatted lot prior to establishment of any fixed commercial or industrial improvement on the lot, built after obtaining all required improvement location permits, building permits, and after installation of all proper roadway, water, and waste disposal infrastructure. Notwithstanding anything above, on any subdivision plat recorded in the manner required by law with less than 10 lots, placement of off-premises signs shall not be permitted until at least 50 percent of the lots are commercially or industrially developed. On any subdivision plat recorded in the manner required by law with 10 or more lots, placement of off-premises signs shall not be permitted until at least 10 percent of the lots are commercially or industrially developed;
(H) Placement within 300 feet of the center of the Greenway Passage which has been purchased, leased, or completed and a legal description of said Greenway is on record. [Ord. G-99-8, passed 7-13-99; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 26, § 4; 1982 Code § 153.123; 1983 Code § 15.153.123.]
18.140.130 Permitted uses by district.
(A) An off-premises advertising sign may be erected in C-2, C-4, M-1, M-2, and M-3 districts limited to the size, height, and setbacks as shown on the off-premises advertising chart.
(B) A double-faced off-premises sign whose two faces are not more than 10 feet apart (back-to-back) or a V-type off-premises sign whose two faces are no further than 15 feet apart (back-to-back) at the farthest point between the two faces, shall be considered one sign and shall be exempt from the spacing requirements between two signs.
(C) The area of the sign shall be computed by means of the smallest square, circle, rectangle, or triangle that will encompass the extreme limits of one face of the entire display exclusive of base supporting members which bear no message. See Examples 1 and 2 in this article for figures to provide assistance in determining correct sign size.
(D) Fees shall be based on total display area.
(E) Tri-vision signs which consist of fixed advertising copy, which is changed not more frequently than in 20-second intervals by a mechanical means to another fixed advertising copy shall be permitted, and only the actual display area shall be included in the requirements set forth in EMC 18.140.150. [Ord. G-99-8, passed 7-13-99; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 26, § 5; 1982 Code § 153.124; 1983 Code § 15.153.124.]
18.140.140 Requirements.
(A) Height. Maximum height of any off-premises advertising sign may not exceed 30 feet in a C-2 district and may not exceed 50 feet in any other district where such signs are permitted. The height of signs intended to be read from raised roadways and advertising in C-4, M-1, M-2, and M-3 districts located along raised roadways may exceed the height limit by an amount equal to the height of the raised roadway, but may not exceed 65 feet. This provision for height of signs exceeding 50 feet shall apply only to those off-premises signs advertising to the raised roadway and erected within 100 feet of the right-of-way of the raised roadway.
(B) Embellishments. The total area of a temporary addition to the sign on which a continuation of the advertising message is placed may not exceed 10 percent of the total area of the sign to which it is added, and the total area of the sign may never exceed the maximum size permitted within the district in which it is located. Aprons not exceeding two feet may be utilized as embellishments, providing the total area of the sign does not exceed the maximum size permitted within the district in which it is located.
(C) Distance from Certain Districts and Uses. An off-premises advertising sign may not be erected or placed within a 200-foot radius of a residential dwelling (excluding detached residential accessory buildings), or within a 200-foot radius of a property line of an undeveloped residential district. In no circumstance shall any off-premises advertising sign be erected within 60 feet of any residential property line. An off-premises advertising sign may not be erected or placed within a 300-foot radius of the property boundary of a public park, church, school, or museum.
(D) Spacing. The distance between two off-premises advertising signs may not be less than a 400-foot radius as measured from the closest point of both signs. Along the same side of the street, the distance between two off-premises advertising signs may not be less than 800 linear feet as measured from the closest point of both signs. Along controlled access thoroughfares, the distance between two off-premises advertising signs may not be less than a 500-foot radius as measured from the closest point of both signs. Along the same side of the controlled access thoroughfare, the distance between two off-premises advertising signs may not be less than 1,000 linear feet as measured from the closest point of both signs. Application of these provisions is illustrated in Example 3 of this article.
(E) Screening. The backs of off-premises advertising signs must be concealed by another advertising sign, or kept in good repair and appearance as determined by the Building Commissioner. [Ord. G-99-8, passed 7-13-99; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 26, § 6; 1982 Code § 153.125; 1983 Code § 15.153.125.]
18.140.150 Off-premises advertising sign chart.
|
C-2 |
C-4 |
M-1, M-2, M-3, AIR |
|
|---|---|---|---|
|
Maximum size of sign |
300 square feet |
700 square feet |
700 square feet |
|
Maximum height |
30 feet |
50 feet |
50 feet |
|
Minimum setback from right-of-way |
Equal to EMC 18.130.010 setbacks |
Equal to EMC 18.130.010 setbacks |
Equal to EMC 18.130.010 setbacks |
|
Minimum setback from right-of-way: controlled access thoroughfares* |
Equal to EMC 18.130.010 setbacks |
Equal to EMC 18.130.010 setbacks |
Equal to EMC 18.130.010 setbacks |
|
Minimum spacing between signs: controlled access thoroughfares* |
Minimum 500 feet 1,000 feet along same side of street |
Minimum 500 feet 1,000 feet along same side of street |
Minimum 500 feet 1,000 feet along same side of street |
|
Minimum spacing between signs |
Minimum 400 feet 800 feet along same side of street |
Minimum 400 feet 800 feet along same side of street |
Minimum 400 feet 800 feet along same side of street |
|
Special provisions |
Nonilluminated signs only after 10:00 p.m. |
Height limit increased along elevated roads; Maximum 65 feet |
Height limit increased along elevated roads; Maximum 65 feet. Requires approval of the EVAAD in the AIR district. |
* Streets defined within EMC 18.150.030, Classification of thoroughfares.
[Ord. G-2011-7 § 1(L), passed 5-16-11; Ord. G-99-8, passed 7-13-99. 1983 Code § 15.153.126.]
Cross-references: Advertising benches, EMC 12.05.520 et seq.; zoning use permits, EMC 18.170.010
18.140.160 Off-premises signs – Examples.
OFF-PREMISES SIGNS
EXAMPLE 1
OFF-PREMISES SIGNS
EXAMPLE 2
OFF-PREMISES SIGNS
EXAMPLE 3
[1983 Code Ch. 15.153, Examples 1 – 3.]