Article 1713
SIGNS AND AWNINGS
Sections:
1713.01 Permit required for certain signs – Permit fee.
1713.02 Permit application information – Issuance.
1713.03 Permit cancellation – Sign inspection – Change or alteration.
1713.04 Permit for flat signs – Fee exception – Requirements.
1713.05 Requirements for awnings – Signs above third story.
1713.06 Sign clearance, area, type and construction – Illumination of electrical signs.
1713.07 Requirements for electrically illuminated signs.
1713.08 Advertising banners under council control.
1713.09 Cloth signs prohibited.
1713.01 Permit required for certain signs – Permit fee.
(A) No sign or signboard which overhangs the limits of a public highway, street or alley, except the flat signs herein authorized, and no sign on top of any building, and no sign or signboard which is within the limits of a public highway, street or alley, or sufficiently close to a public highway, street or alley to become dangerous to the traveling public, shall be maintained or hereafter erected until a permit therefor shall first be obtained from the office of the city engineer, authorizing the construction thereof as hereinafter provided.
(B) The permit fee shall be $12.00 for the signs included in this section and all electrical signs.
(C) No permit fee shall be charged for signs of less than five square feet, nor for flat signs excepted in MMC 1713.04. (Ord. 3177 § 2, 1988; Ord. 1231 § 4, 1916)
1713.02 Permit application information – Issuance.
(A) The applicant for a permit for a sign, signboard or awning shall file with his application with the city engineer, plans thereof together with a statement of the method and manner of attachment of the same to the building or in the ground, duly verified and executed in duplicate on appropriate blanks to be furnished by the city engineer, together with such other information as the city engineer may require. The applicant shall also set forth the full name and residence address of the owner of the building and of the tenant, in case the sign, signboard or awning is being erected by the tenant, and the name and address of the party erecting the same. A certificate must also be obtained from the electrical inspector, certifying that the electric wiring and appliances are in conformity with the city electrical code.
(B) Upon compliance by the applicant with the above conditions and the payment of the fee provided in MMC 1713.01, the city engineer, if he approves the design, location, electrical construction and security of the proposed fastenings, is authorized to issue a sign construction permit. (Ord. 1231 § 5, 1916)
1713.03 Permit cancellation – Sign inspection – Change or alteration.
(A) The city engineer is hereby authorized and empowered to recall and cancel any sign permit issued or to be issued by him upon failure to comply with any of the conditions mentioned herein, or for any violation of the provisions of this article.
(B) The city engineer shall make an inspection of all signs in the city and shall superintend and supervise the construction of all signs, signboards and awnings, and shall also supervise and inspect any change or alteration respecting the same, of which change or alteration written notice shall be given to the city engineer by the applicant at least five days in advance of the actual work thereon. (Ord. 1231 § 6, 1916)
1713.04 Permit for flat signs – Fee exception – Requirements.
(A) The construction of flat signs which are placed flat against the building and fastened directly to the building shall be permitted upon obtaining a permit therefor, without the payment of any permit fee provided such signs do not have a larger square foot area than two times the width of the building. All flat signs shall be securely and adequately fastened to the building and properly maintained.
(B) No sign made of muslin, canvas, cloth or other combustible material shall be permitted. The flat signs, within the meaning of this section, include only those signs which are placed directly against the building and are fastened directly to the building, and where any written matter thereon is on the side parallel with the building. (Ord. 1231 § 2, 1916)
1713.05 Requirements for awnings – Signs above third story.
(A) All awnings below the second story window shall be so constructed that, when in use, no parts of such awning shall be less than seven feet above the level of the sidewalk. They shall be firmly and securely fastened to the building and kept in good repair.
(B) All signs above the sills of the third story window shall be of noncombustible material. (Ord. 1231 § 3, 1916)
1713.06 Sign clearance, area, type and construction – Illumination of electrical signs.
All projecting signs in the city, except flat signs, as herein defined, shall be subject to the following provisions:
(A) They shall be located so that the lowest point thereof shall not be less than 10 feet above the level of the sidewalk, and in case the signs overhang an alley, they shall not be less than 15 feet above the grade of such alley. Such signs shall in no case extend more than six feet from the building line, and in no instance shall they extend beyond the curb line. They shall not be constructed to have a greater area on one side than 35 square feet, except in case of vertical signs, which may be so constructed that no side shall have a greater area than 50 square feet, and no vertical signs shall extend more than six feet beyond the building line.
(1) However, bona fide hotel businesses in the city may erect vertical signs, subject to all the terms of this article, except that such signs may be so constructed that no side shall have a greater area than 80 square feet.
(2) No signs projecting upon the street, except electric signs illuminated from within, shall be erected on Chestnut Street from the Erie Railroad Station to Diamond Square, or on Water Street from Poplar Street to North Street, or on Market Street from Poplar Street to North Street, or on Park Avenue from Poplar Street to North Street. Further, no sign shall be erected projecting upon a public street or highway in any location other than immediately in front of the property occupied or owned by the applicant for such sign, and in that case only when such sign is attached to the building or other property of the applicant. Further, not more than one projecting sign shall be allowed for any one place of business, except where the applicant’s place of business fronts upon two streets or highways, in which case one sign may be allowed for each street or highway. All projecting signs already erected at the time of the passage of the ordinance codified in this section (January 11, 1955), which do not conform to the requirements herein set forth with respect to size or type thereof, shall be removed or made to conform thereto.
(B) All signs whose weight shall exceed 100 pounds or whose area on one side shall exceed 20 square feet shall be fastened to the building with bolts which shall pass through the wall, and shall be bolted on the inside and fastened with suitable washers and plates. This requirement shall apply to all the main supports, but not to guy lines. The main support shall be of chains or rods, and all supporting material and fastenings shall be designed with a safety factor of 10. In case buildings are of steel frame construction or of such design that the foregoing provisions with respect to the fastenings to the buildings are not applicable, then the fastenings in such buildings may be made in a manner equivalent to the foregoing requirements, and satisfactory to and approved by the city engineer. Small signs shall be securely fastened to buildings in a manner satisfactory to the city engineer.
(C) In case of transparent illuminated signs, the glass shall not be less than double strength. They shall be of wire glass, glass covered with wire mesh, or of bulls-eye construction.
(D) Wood may be used in the parts of the sign which do not contain wiring or socket. This shall apply to existing projecting signs as to the manner and method of support and fastening. All existing signs which are found to be in unsafe condition or which do not conform to the requirements of this article, respecting the support, hanging or location thereof, shall either be removed or made to conform thereto.
(E) In the case of electrically illuminated signs, all lighting units used in such signs shall be maintained in operating condition at all times, and all such signs shall be illuminated each day, except on Sundays and legal holidays, for a period of at least two hours. Failure of any owner of an electrically illuminated sign for a period of three successive days or for a total of 15 days in any six-month period to have the same illuminated for the daily minimum of two hours or to have all lighting units in operating condition as above stipulated shall constitute sufficient grounds for revocation of the sign permit and the removal of such sign by the city engineer or his agents, at the expense of such owner. (Ord. 2373 § 1, 1955)
1713.07 Requirements for electrically illuminated signs.
All signs illuminated with electricity intended to project from any building over and across the sidewalk or footway of any street in the city shall require a permit as provided by MMC 1713.01 and 1713.02 and shall also be subject to MMC 1713.06 as to extent over and across such sidewalk or footway and security as to fastenings, as well as to height above the level of the sidewalk. The material of which they are constructed shall be subject to the approval of the city engineer, and they shall be placed under the direction of the city engineer as hereinbefore provided. (Ord. 1231 § 7, 1916)
1713.08 Advertising banners under council control.
It is the intention of this section to place the erection of advertising banners across city streets in the discretion of council under its general authority to deal generally with its streets and byways. (Ord. 2697 § 2, 1968)
1713.09 Cloth signs prohibited.
The use in the city of muslin or other cloth signs or cloth posters on buildings or billboards is hereby prohibited. (Ord. 1231 § 9, 1916)
1713.99 Penalty.
Any person violating any of the provisions of this article shall forfeit and pay to the city a penalty of not less than $5.00 nor more than $100.00 for each and every offense. Such penalty shall be recovered by action of assumpsit or by summary process, at the election of the city, and if any judgment recovered therefor, together with costs, is not paid forthwith the defendant shall be imprisoned not more than 30 days. (Ord. 1231 § 9, 1916)