OHIO MUNICIPAL

ATTORNEYS ASSOCIATION

 

MODEL SIGN ORDINANCE
July 19, 2016 Draft

___________ CITY CODIFIED ORDINANCES

 

1.01 SIGN CODE DEFINITIONS. 

A.  For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

NOTE: throughout this model ordinance, the drafters chose to use the term “chapter” when referring to the specific sign ordinances, the term “title” when referring to the zoning code, and “code” when referring to the entire codified ordinances.  B. DEFINITIONS:

NOTE: The majority of the following definitions were created where the drafters saw a need to regulate differently than other signs. The purpose of a definition is to provide a distinction for later use in the chapter. Therefore, a unique definition is only necessary if the municipality desires to treat that type of sign differently than the category where the sign would already fit below. If it does not desire to treat differently, then it should consider removing the definition. If it desires to treat signs differently and a definition is not provided below, it should carefully draft a definition that does not refer to the speaker or content of the sign (which the committee recognizes is a very challenging task).

1.    A-FRAME SIGN: See SANDWICH BOARD SIGN

2.    ABANDONED SIGN: A sign that is Deteriorated (as defined in herein), or is not adequately maintained, repaired, or removed within the specified time as ordered by this chapter.

3.    ADDRESS SIGN: Any street location identifier.

4.    ANIMATED SIGN: Any sign that uses movement or change of artificial or natural lighting, within the sign face area, or uses smell, or noise.

5.    BANDIT SIGNS: A sign constructed, in whole or substantial part, of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood, or other like materials that is not protected from exposure to the natural elements, but is made of weather-resistant materials that last for more than 7 days but less than 60 days without significant loss through exposure to the elements or wear and tear.

6.    BANNER: (FLAG) A non-freestanding, nonrigid cloth, plastic, paper, or canvas with a design, picture, or writing on it, or a Streamer.

7.    BILLBOARD: An outdoor sign where the Sign Face Area exceeds [60] square feet in area.

8.    BLADE SIGN.  See PROJECTING SIGN

9.    BUILDING MOUNTED SIGN: (ROOF SIGN, WALL SIGN) Any sign attached to, mounted, engraved, or erected against the outside wall of a building or structure, with the exposed display surface of the sign in a plane parallel to the building facade. Wall signs include painted murals, messages, graphics and other designs painted along with any letters or numerals mounted directly on buildings and any extensions thereon.

10. CHANGEABLE COPY SIGN (MANUAL): A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged by manual means without altering the face or surface of the sign. 

11. CHANGEABLE COPY SIGN (MECHANICAL/ELECTRICAL): A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged by mechanical, or electronic means without altering the face or surface of the sign, but is not an Electronic Sign.

12. COMMERCIAL SIGN: Any sign or banner that contains text and/or graphics designed proposing or promoting a commercial transaction or directing attention to a business, commodity or service.

NOTE: Reed did not distinguish or otherwise cite Metromedia, Inc. v City of San Diego, 433 U.S. 490 (1981), which has long been held to permit stricter regulations on commercial speech over other forms, and the only discussion of commercial speech comes in a single paragraph of Justice Brayer’s concurring opinion. (135 S Ct. 2235). As a result, while the drafters have not regulated commercial signs differently than other signs in the remainder of this model sign ordinance, it appears that commercial signs may have stricter restrictions imposed. 

The regulations in the model code do not make distinction between commercial and non-commercial signs. This is the conservative approach in light of Sorrell v. IMS Health, 131 S. Ct. 2653 (2011) and other recent cases that have taken a more expansive view of commercial-speech rights.

However, that approach is not for everyone and some municipalities will want to try to exercise more control over commercial signs, particularly in residential districts and planned-development areas.

For those municipalities that do wish to distinguish between commercial and non-commercial speech, we recommend using this definition and then drafting your regulations to meet your needs. 

Reed is not a commercial-sign case and the majority opinion does not cite any of the hallmark commercial speech cases (Metromedia, Central Hudson, etc.). Therefore the drafters agree with the opinion of other analysts that the strict contentneutrality of Reed extends only to non-commercial signs. The majority’s silence on the topic, and Justice Alito’s concurrence, are best understood to allow government to continue to distinguish between commercial and non-commercial speech, and for the Central Hudson test to continue to apply to commercial sign regulations. 

Municipalities should remember that Central Hudson does not provide a blank check, particularly in Ohio’s native Sixth Circuit (see, e.g., Pagan v. Fruchey, 492 F.3d 766 (6th Cir. 2007). 

 

13. COMMISSION: [see NOTE under ZONING OFFICIAL]

14. DETERIORATED: Showing signs of weathering, rust, corrosion, exposed wiring, chipped paint or faces, cracked, broken, torn, or missing faces, or loose materials, or other evidence of disrepair

15. ELECTRONIC SIGN: Any sign, or portion of a sign, that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, LED screens, video boards, holographic displays, and other similar media.

16. FLAG:  see BANNER.

17. FREE-STANDING SIGN: (GROUND SIGN, MONUMENT SIGN) A sign supported by or suspended from posts, pillars, columns, or other structures which are not a building or portion thereof.

18. FRONTAGE (LOT): The liner measurement of the border of a Lot that directly abuts a public right of way.

19. GAS-INFLATABLE SIGN/DEVICE: Any device which is capable of being expanded by any gas and used on a permanent or temporary basis.

This definition includes both hot and cold-air balloons tethered or otherwise anchored to the ground.

20. GROUND SIGN: See FREE-STANDING SIGN.

21. HEIGHT (SIGN STRUCTURE): The maximum vertical distance between the highest point of the sign structure and the finished grade directly below it. Sign height may not be artificially increased by the use of mounding.

22. HUMAN SIGN (OR HUMAN BILLBOARD): A sign that is held or worn by a person, including but not limited to a human directional, sign walkers/wavers/twirlers, and “sandwich persons.” Human Sign does not include text or images that are displayed on a traditional article of clothing such as a jacket, shirt, pants, or hat. 

23. ILLUMINATION, EXTERNAL: A constant (non-flashing) source of light directed towards signs so that the beam falls upon the exterior surface of the sign and so arranged that no direct rays of light project from such artificial source into residences or streets.

24. ILLUMINATION, INTERNAL: Means a source of illumination enclosed entirely within the sign and not directly visible from outside the sign.

25. LOT: (PARCEL) a platted parcel or other tract of land separately identified with a unique parcel identification in the County Auditor’s Records.

26. MESSAGE AREA: (SIGN FACE AREA) Means the area within a continuous perimeter that surrounds, but is not limited to, each word, graphic, symbol, number, and illustration.

27. MONUMENT SIGN: See FREE-STANDING SIGN.

28. MOTION SIGN: Means any sign or portion of a sign which moves, other than a banner.

29. MURAL: Means a hand-painted, hand-tiled, or other similarly created or digitally printed image on the exterior wall of a building.

30. NONCONFORMING SIGN:  A pre-existing legal sign which does not conform to the standards set forth in this chapter.

31. PARCEL: See LOT

32. PERMANENT SIGN: A sign for which a permit has been granted as a permanent sign, and is a sign constructed of materials to be protected from exposure to the natural elements for more than one year or is made of materials that are weather-resistant for multiple years without significant deterioration from exposure to the elements or wear and tear. 33. POLE SIGN:  See GROUND SIGN.

34. PORTABLE SIGN:  A sign constructed of metal, wood, nylon, or other weather-resistant materials designed to withstand exposure from the natural elements for more than 60 days without significant loss through exposure to the elements or wear and tear, and for which a permanent sign permit has not been obtained.

35. PROJECTED IMAGE: An image projected onto a building, structure, or sign, or on the ground.

36. PROJECTING SIGN: (BLADE SIGN) A sign that is wholly or partly dependent upon a building for support or suspended from a pole attached to a building.  Such signs must be perpendicular to the building face upon which they are attached. OPTION: A sign projecting from the face of the building that is oriented so the sign face is perpendicular to the building facade.

37. REFACING: Any alteration to the face of a sign involving the replacement of materials or pans. Refacing does not refer to replacing the entire sign structure or the removal of the sign.

38. ROOF SIGN: see BUILDING MOUNTED SIGN.

39. SANDWICH BOARD SIGN (A-FRAME SIGN, SIDEWALK SIGN).  A sign with two hinged boards or faces which can be placed on the ground, or a rigid sign that is worn on the front and back of a person, that is used on a temporary basis.

40. SIDEWALK SIGN: See SANDWICH BOARD SIGN

41. SIGN:  Text, illustrations, or shapes which are affixed to, portrayed, or depicted directly or indirectly upon any surface for outdoor public view. This definition includes all signs visible from any public right-of-way or adjacent property.

42. SIGN FACE AREA: See MESSAGE AREA

43. SIGN STRUCTURE:  The supporting unit of a sign face, including but not limited to frames, braces and poles. If the Sign Structure has a communicative element to it, the Sign Structure is included in the Message Area.

44. SNIPE SIGN: A sign that, in whole or substantial part, is not made of weather-resistant material and not adequately protected from the natural elements.

45. STREAMER: means any lightweight plastic, fabric or other material, whether or not containing a message of any kind, usually suspended in series.  A streamer may have pennants and/or banners attached.

46. TEMPORARY SIGN: A SNIPE SIGN, BANDIT SIGN, or TEMPORARY SIGN.

47. TRAILER SIGN: Any sign which is attached to, supported by, or part of a structure, where the structure’s primary purpose is the display of such sign, and where the structure is designed to move on trailer wheels, skids, or other similar devices, or transported, pushed, or pulled by a motor vehicle, whether or not such trailer is parked or being towed.

48. VARIANCE (SIGN): a variance may be granted allowing deviations from regulations established by this chapter for: height and width of the sign area, height and width of the message area, setback, lighting, or time, place, and manner restrictions, where practical difficulties unique to the property in question prevent full compliance with such provisions.

49. VEHICLE SIGN: A sign placed in or attached to a motor vehicle, trailer, railroad car, or light rail car that covers more than 60% of the visible surface of the vehicle.

50. WALL SIGN: See BUILDING MOUNTED SIGN.

51. WIDTH (SIGN STRUCTURE): The maximum horizontal or semihorizontal distance between the two points of a sign structure.

52. WINDOW SIGN: Any signs, posters, symbols and other types of identification, directly attached to the window of a building or erected on the inside of the building and visible from any public right-of-way or adjacent property.

53. ZONING OFFICIAL: [ADD DEFINITION HERE]

 

NOTE: When reviewing this model ordinance for adoption, the municipality should compare all references to “Commission” and “Zoning Official.” If the municipality desires to place all Commission authority in one entity (i.e. Planning Commission, Board of Zoning Appeals, Architectural Review Board), and all “Zoning Official” authority in one person/office (i.e. Code Enforcement Officer, Planner etc), it may do so by defining above. If the municipality desires to differentiate, then it should create multiple definitions above, then replace “Commission” and “Zoning Official” with the appropriate definition below.

             

C. SUPPLEMENTAL PHOTOGRAPHIC ILLUSTRATIONS. Attached hereto and incorporated herein by reference is Appendix A, which consists of photographic illustrations that supplement the Definitions set forth in Subsection B above by serving as visual examples to clarify the textual definition, and are neither exclusive nor primary to the definition above. 

NOTE: The images provided herein were taken by the drafters themselves, and permission is explicitly granted to copy them if adopting this model ordinance. Municipalities may choose to replace or supplement the images below with their own images, but risk altering the definition above or incurring political consequences for using local messages. 

 

             

1.02 PURPOSE.

 

A.          Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. In addition to causing distractions and obstructions that may contribute to traffic and pedestrian accidents, signs are as much subject to control as noise, odors, debris and like characteristics of a use that, if not controlled and regulated, may become a nuisance to adjacent properties or the community in general.  

 

B.          The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height, and condition of all signs for exterior observation for the following reasons:

 

1.    preserve the noncommercial character of residential neighborhoods, and to provide reasonable, yet appropriate, conditions for identifying businesses and services rendered in commercial districts;

2.    reduce traffic and pedestrian hazards by restricting signs, including signs with lights and/or motion, which exceed the viewers' capacity to receive information or which increase the probability of accidents created by distracting attention or obstructing vision;

3.    promote expeditious and safe navigation and wayfinding for pedestrian and vehicular traffic through legible and appropriate signs;

4.    preserve order, attractiveness, and cleanliness, maintain open spaces, avoid the appearance of clutter, and prevent nuisances and invitations to vandalism;

5.    require signs are constructed  and  maintained  in  a  structurally  sound  and  attractive condition;

6.    maintain property values and ensure compatibility with surrounding landscape and architecture including, but not limited to, areas of historical significance; 

7.    encourage aesthetic quality in the design, location, and size of all signs;

8.    protect the public peace, general health, safety and welfare, convenience, and comfort, and to protect and encourage a more attractive economic, business, and overall physical appearance of the community.

 

C.          This article must be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding must not affect the validity of other provisions of this article which can be given effect without the invalid provision.

 

D.          This municipality does not have jurisdiction to regulate signs on property of the U.S. Government or the State of Ohio (exclusive of its political subdivisions), or those signs erected pursuant to and in furtherance of a governmental function thereof.

            

1.03  PROHIBITED SIGNS. 

A.           Signs are prohibited in all districts unless constructed in compliance with the codified ordinances of _________ and any other applicable regulations, or a variance granted pursuant to Section _______. 

B.           Any sign requiring a permit in accordance with this Chapter and not having said permit shall be prohibited. 

C.           Abandoned Signs are prohibited in all districts.

NOTE: A municipality may desire to prohibit categories of signs from its entire jurisdiction. If so, it should place prohibition here using the definitions from Section 1.01. If the Municipality is permitting a type of sign subject to additional regulations, then see options below under either City-Wide restrictions (1.___) or districts (1.____).

Types of Signs in this Model Ordinance 

Address Signs

Animated Signs

Bandit Signs

Banner (Flag)

Billboard

Changeable Copy Sign (Manual) / (Mechanical/Electrical)

Commercial Sign

Electronic Sign

Free-Standing Sign (Ground Sign/Monument Sign)

Gas Inflatable Sign/Device

Human Sign

Motion Sign

Mural

Portable Sign

Projected Images

Projecting Signs

Sandwich Board Sign (A-Frame Sign, Sidewalk Sign)

Snipe Sign

Streamer

Temporary Sign (collectively Snipe, Bandit and Portable signs) Trailer Sign

Vehicle Sign

Wall Sign

Window Sign

D. Unattended signs on public property, including but not limited to parks and rights-of-way, shall be considered abandoned signs. These abandoned signs may be disposed of or destroyed without notice. Such disposal or destruction is not subject to appeal.

NOTE:  The Reed court cited Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 104 S. Ct. 2118 (1984) when it stated “… the Town may go a long way toward entirely forbidding the posting of signs, so long as it does so in an evenhanded, content neutral manner.” (Reed at 2238). The drafters of this model ordinance agreed that the government has the ability to prohibit signs within its right of way and/or on government property and can adopt its own content-neutral regulations that virtually prohibit all types of signs within the right of way and related areas similar to the ordinance drafted in Vincent. 

             

1.04  AUTHORIZED SIGNS. 

A.   The following signs are authorized in every district: 

1.            Signs erected and maintained by the Federal government or the State of Ohio.

2.            Any sign required to be posted by the Federal government, the State of Ohio, or a court of competent jurisdiction. 

3.            Signs erected and maintained by this municipality.

4.            Signs required to be posted by this municipality.

5.            Traffic control devices on private or public property erected and maintained to comply with the Manual on Uniform Traffic Control Devices adopted by the Federal Highway Administration.

6.            Address Signs subject to size and location restrictions contained in this chapter.

7.            Bandit Signs subject to size and location restrictions contained in this chapter.

8.            Temporary Signs subject to size and location restrictions contained in this chapter.

 

B.   (OPTIONAL) Government Signs Exempted.

NOTE: The drafters of this model ordinance debated some municipalities’ practice of exempting their own signs entirely from the sign code. Governmental signs are governmental speech, and governmental speech does not implicate the First Amendment like government’s regulation of others’ speech (others’ signs) does. Legal scholars have stated post-Reed that a government is free to speak (believing that a government-asspeaker distinction would withstand strict scrutiny under Rust v. Sullivan, 500 U. S. 173, 193-194, 111 S. Ct. 1759 (1991). See Walker v. Texas Div., Sons of Confederate Veterans, Inc., 135 S.Ct. 2239, 2247 (2015), quoting Pleasant Grove City v. Summum, 555 U.S. 460, 464 (2009) (Government speech is “‘not subject to scrutiny under the Free Speech Clause.’”). 

It remains to be seen whether an entity that exceeds its own code might unintentionally render its sign restrictions vulnerable to attack as not “narrowly tailored” to a “significant government interest” under the intermediate scrutiny test of content-neutral speech regulations.  See, e.g., Lamar Advertising of Mich. v. Utica, 819 F. Supp. 2d 657 (E.D. Mich. 2011) (“[The] Court cannot find that the [city’s] ordinance regulating the size, height and location of billboards, in light of its plenary power to waive these requirements for billboards located on city-owned property, is narrowly tailored to further its concededly significant interests.”) 

This section is provided if the municipality seeks to exempt government signs from the restrictions (i.e. height, width, sign area, etc) of the sign code. If desired, the municipality should contemplate if it is exempting only itself, or other entities (county, school district, etc) and add a definition to section 1.06 accordingly, along with the exemption that follows. 

Before exempting the signs of other governmental entities, consider that these entities may place signs that undermine the municipality’s code—and it will be the municipality, not the other governmental entity, named as defendant in the resulting lawsuit.

 

          If exempting government signs, add this definition to 1.01(B) above:

GOVERNMENT SIGN: A sign erected, owned, and maintained by this municipality [and/or the county of ________, the _________ school district, …).  

and add this language here (1.04(B)) for the exemption.

All Government Signs are hereby exempted from the restrictions of this chapter and need not comply with any restriction contained hereinafter.

1.05 CITY-WIDE CATEGORICAL RESTRICTIONS

A. Measurement. 

 

(1)     With regards to any existing or proposed sign, the [Zoning Official] shall be authorized to determine each of the following:

a.    The type of sign (included type of Temporary Sign) within the definitions contained in Subsection 1.01 above; or

b.    whether a Sign Structure has a communicative element to it (and is therefore part of the Message Area); or

c.     the Height, Width, or other measurable characteristics of a Sign or component thereof; and

d.    whether a sign is Abandoned or Deteriorated as defined herein.

 

(2)     For signs with Internal Illumination, the entire lighted surface shall be considered the Message Area. 

 

(3)     For spherical Sign Structures or portion thereof, the sphere shall be dissected by an imaginary line through the center of the sphere and the surface area of the half sphere shall be counted as the sign face.  For cubical Sign Structures or portion thereof, the area of all display faces (all faces that are not parallel to the ground) shall be included in determining the area of the sign. The [Zoning Official] shall have discretion to use a similar methods of calculation for Sign Structures that are not flat, but have non-cubical or nonspherical shapes.

 

NOTE: Some municipalities have a provision like the one below. If the municipality carries it forward, it will essentially “double” the size of permitting signs, so long as the sign is back-to-back or in a compliant vshape.

 

(4)     Where a sign has two or more display faces, the area of all faces of the sign shall be included in determining the area of the sign unless two display faces join back to back, are parallel to each other and not more than 24 inches apart, or form a V-angle of less than 45 degrees.  

NOTE: When a municipality desires to permit certain signs, but subject them to a set of restrictions that are uniform throughout the entire jurisdiction, then relevant portions of the framework in Section 1.06 can be used here. If the municipality desires to ban an entire category of signs, it should do so in 1.03. If the municipality desires that the same type of sign be regulated differently among districts, it should do so based on zoning districts using the framework in 1.06 below. 

Suggestions of categories to consider: Setbacks (including clear sigh triangles)

Illumination (External, Internal)

Time Limits for Temporary Signs (Snipe, Bandit, Portable)

       Type/Construction Method (if seeking uniformity City-Wide)

Prohibitions on places (i.e. no signs on a roof, or wall signs not above the plane of the roof)

 

Types of Signs in this Model Ordinance 

Address Signs

Animated Signs

Bandit Signs

Banner (Flag)

Billboard

Changeable Copy Sign (Manual) / (Mechanical/Electrical)

Commercial Sign

Electronic Sign

Free-Standing Sign (Ground Sign/Monument Sign)

Gas Inflatable Sign/Device

Human Sign

Motion Sign

Mural

Portable Sign

Projected Images

Projecting Signs

Sandwich Board Sign (A-Frame Sign, Sidewalk Sign)

Snipe Sign

Streamer

Temporary Sign (collectively Snipe, Bandit and Portable signs) Trailer Sign

Vehicle Sign

Wall Sign

Window Sign

 

If any of the above are not authorized under 1.04 or regulated here, they should be either prohibited (See Section 1.03 above), regulated within the districts (See Section 1.06), or removed from the definitions (See

                Section 1.02)                                                

1.06  DISTRICT REGULATIONS

 

NOTE: The following framework is intended to be copied and repeated for each zoning district and/or group of zoning districts in the municipality. Thereafter, the restrictions within the framework should be determined based upon the unique characteristics of the district.

 

___________ DISTRICT

 

The following restrictions shall apply on all property zoned ___________. 

 

NOTE: The drafters of this model ordinance debated those Municipalities who may choose to use part/all of the districts portions of their existing sign ordinances. The benefit of using existing portions is past experience/precedent, familiarity, and minimizing the creation of non-conforming signs through the adoption of this model ordinance. The risk is that the existing ordinances may unknowingly violate Reed’s speaker-based restrictions, or the municipality may unintentionally ban a category of signs altogether by deleting it with the replaced sections above, and not containing it in the existing sections that are copied in.

 

The drafters believe that regardless of the above, amending a sign ordinance to accommodate Reed is a challenging and difficult process that involves reconsideration of each and every restriction. In that light, the below rubric is an attempt to provide municipalities with an option to have flexibility in its restrictions, while safely remaining focused on non-content based methods of regulating. 

             

B.   Purpose/Explanation/Rationale.

 

NOTE: Many existing sign codes contain a purpose, explanation, or rationale for each district that describes generally the characteristics that are desired to be accomplished through the code, additional consideration for facts, or circumstances unique to that district, or other rationale why signs are regulated differently for this district as opposed to the municipality as a whole. The drafters encourage use of this section for each district, but caution that language avoid speaker-based references, and should be closely tied to the purposes or use for that district stated elsewhere in the municipality’s zoning code.

Example: The purpose of the residential district-specific sign regulations is to preserve the noncommercial character of residential neighborhoods. As such, the regulation of the size, color, illumination, movement, materials, location, and height of signs in residential districts will be different than commercially-zoned districts. 

 

C.   Prohibited Signs.

The following signs are [not] permitted in this district subject to the restrictions below:

 

Types of Signs in this Model Ordinance 

Address Signs

Animated Signs

Bandit Signs

Banner (Flag)

Billboard

Changeable Copy Sign (Manual) / (Mechanical/Electrical)

Commercial Sign

Electronic Sign

Free-Standing Sign (Ground Sign/Monument Sign)

Gas Inflatable Sign/Device

Human Sign

Motion Sign

Mural

Portable Sign

Projected Images

Projecting Signs

Sandwich Board Sign (A-Frame Sign, Sidewalk Sign)

Snipe Sign

Streamer

Temporary Sign (collectively Snipe, Bandit and Portable signs) Trailer Sign

Vehicle Sign

Wall Sign

Window Sign

 

             

D.   Base Restrictions on Signage. The signage permitted shall be determined by the amount of frontage of each lot.

 

 

NOTE: categories listed above WILL be subjected to the Adjustments to Base Restrictions in subsection C below. If the municipality desires that the category NOT be subject to Adjustments to Base Restrictions, it should remove that category from the table above and give consideration in subsection ___ below.  

 

E.   Adjustments to Base Restrictions. The Base Restrictions on Signage permitted in Subsection C hereinabove shall be adjusted based upon the following: (where any calculation results in a partial number, the calculation’s result shall be rounded to the nearest usable unit, with any calculation of .500 or lower being rounded down, and any calculation of .501 or higher being rounded up):

 

NOTE: The below categories are offered as options, but once adopted are intended to provide owners a right to apply those adjustments without a variance. The municipality may use one or more of these to create diversity in the sign regulations for commonly-occurring circumstances, while using content-neutral basis for those variations.

 

Each table may have fewer or additional rows (i.e. different classes) based on factors relevant to that municipality, and the tables are provided to demonstrate the structure and options.

 

Some municipalities may desire a flat percentage in each category, and may therefore only have one row indicating that all lots may achieve a bonus based on a multiplied factor for that category.

 

Some of the below categories may warrant that a bonus not be available until exceeding a certain characteristic, in which case the “Bonus” column should indicate “NO BONUS.” Some of the categories may warrant that the Base Restriction on Signage be reduced (adjusted downward) rather than increased, in which case that may be indicated below.

 

The below tables provide that all of the Base Restrictions on Signage in Subsection A may be increased/decreased by the percentage stated. A municipality may desire to only permit categories below to adjust certain parts of the Base Restrictions on Signage: for example, height of the building may only permit adjustment to maximum height of the sign, and not message area. In this event, the tables should be expanded with a column or columns to the right indicating which Base Restrictions on Signage may be adjusted by that characteristic. 

       

1.    Lot size: Lots of the following sizes shall be entitled to increase any or all Base Restrictions of Signage stated in Subsection C as defined below

 

 

2.    Width of Right of Way: Any or all Base Restrictions of Signage stated in Subsection C may be increased based upon the width of the right of way that abuts the Lot. For purposes of this Subsection, the width shall be measured at the [narrowest/widest] point directly adjacent to the Lot.

 

NOTE: Using Width of Right of Way may be complicated, as it is more difficult for a property owner to readily ascertain, and the right of way may include areas such as sidewalks or buried utilities. The municipality may elect to use lanes of travel, which necessitates a debate regarding accounting for bicycle lanes, islands, turn lanes, parking, emergency/berms, and other similar issues). Regardless, the municipality should be mindful that adopting stricter regulations and using the variance process may be the better tool for regulating complex situations. 

 

 

3.    Speed Limit on Roadway. Any or all Base Restrictions of Signage stated in Subsection C may be increased based upon the speed limit upon the right of way that abuts the Lot. The speed limit shall be measured at the [slowest/fastest] permitted speed directly adjacent to the Lot.

 

 

4.    Height of Building. Any or all Base Restrictions on Signage stated in Subsection C may be increased based upon the height of the largest building which is visible from the public right of way on the Lot.

 

 

 

5.    Square footage of building on property. Any or all maximum signage requirements stated in Subsection C may be increased based upon the total square footage of finished area for which a building permit has been issued to the Lot.

 

NOTE: The above definition would include all buildings for which a building permit has been issued on the Lot. The municipality may desire to limit this to the largest building on the Lot for which a building permit has been issued, or some other definition to account for additional buildings, while also being mindful that a narrower restriction by code, with use of the variance process for unique circumstances, may be the better approach. 

 

 

6.    Square footage of façade. Any or all maximum signage requirements stated in Subsection C may be increased based upon the total square footage of the façade of the largest building which faces the public right of way on the Lot.

 

 

             

F.   Maximum Sign Restrictions Regardless of Adjustments.

 

NOTE: The below categories are provided to create a “cap” on each restriction, so that a municipality does not unintentionally permit a larger sign through the use of the bonuses in Subsection B. As a result, these are the true maximums in each district, while Subsection A should be a maximum of the common sign when no features warrant an increase. 

 

1.    All signs in the district shall comply with the following restrictions, which may NOT be adjusted according to the Adjustments to Base Restrictions in Subsection D. Any of the following may be the subject of a variance. 

 

 

 

2.    Maximum Ratio to Building Characteristics. Regardless of the base Restrictions on Signage set forth in Subsection C or the Adjustments to base Signage set forth in Subsection D, all signs in this district shall be subject to the following limitations calculated in relation to the building that allows the largest in each category of the table below:

 

 

NOTE: A municipality may choose to use only one of the above, but if it uses both, it should include the following:

3.    Where Subsections 1 and 2 above create different standards, the most restrictive limit thereof shall apply.        

 

G.   Setback: All signs in this district shall be set back a minimum of ________________ from the right of way.

 

NOTE: The municipality should review its existing setbacks for the district and ascertain whether it intends for that setback to apply or to permit signs within the existing setback requirements elsewhere in its code. 

 

H.   Illumination: 

 

NOTE: The following are provided as mere examples of simple regulations, and may be replaced by municipalities who desire to have measurable standards. 

 

1.    External Illumination. External Illumination of a sign shall [not] be permitted, [by a white, steady, stationary light of reasonable intensity, directed solely at the sign and/or otherwise prevented from beaming directly onto adjacent properties or rights-of-way.  Light fixtures shall be screened from view by site grading or evergreen shrubs.  No exposed light sources are permitted.

2.    Internal Illumination. Internal Illumination of a sign shall [not] permitted, [by white interior light of reasonable intensity with primary and secondary images lit or silhouetted on an opaque background.  The background must be opaque.  No additional background lighting or illuminated borders or outlines shall be permitted.]

3.    The level of illumination emitted or reflected from a sign shall not be of intensity sufficient to constitute a demonstrable hazard to vehicular traffic on any right-of-way or parking lot from which the sign may be viewed.

 

I.     Time Limits for display of Temporary Signs

a.    Snipe Signs shall be displayed for no more than _____ [< 7] days.

b.    Bandit Signs shall be displayed for no more than _____ [7-60] days.

c.     Temporary Signs shall be displayed for no more than ______ [> 60] days.

 

J.    OTHER SIGNS

 

NOTE: OMAA seeks to assemble a database of sample sections/subsections that municipalities use to regulate the types of signs below. Please submit to Garry E. Hunter, General Counsel, Ohio Municipal Attorneys Association, 175 S. Third Street, Suite 510,

Columbus, Ohio 43215, 614.221.4349, ghunter@omlohio.org 

 

If a sufficient number/variety are assembled and as time permits, OMAA may prepare for distribution, or possible review/modification of this model ordinance. 

             

Types of Signs in this Model Ordinance 

Address Signs

Animated Signs

Bandit Signs

Banner (Flag)

Billboard

Changeable Copy Sign (Manual) / (Mechanical/Electrical)

Commercial Sign

Electronic Sign

Free-Standing Sign (Ground Sign/Monument Sign)

Gas Inflatable Sign/Device

Human Sign

Motion Sign

Mural

Portable Sign

Projected Images

Projecting Signs

Sandwich Board Sign (A-Frame Sign, Sidewalk Sign)

Snipe Sign

Streamer

Temporary Sign (collectively Snipe, Bandit and Portable signs) Trailer Sign

Vehicle Sign

Wall Sign

           Window Sign                                                

1.07  VARIANCE.  

A.           Standards for approval of a sign variance: The following factors shall be found by the [COMMISSION] in determining practical difficulty or hardship:

 

1.      That the variance will not impair any of the regulatory purposes provided within this chapter; 

2.      That special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning districts. Examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness, or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures, or conditions;

3.      That the variance is the minimum necessary to resolve the practical difficulties prompting the variance request;

4.      That the essential character of the neighborhood would not be substantially altered 

5.      That adjoining properties will not suffer substantial detriment as a result of the variance;

6.      That the variance would not adversely affect the delivery of governmental services such as public safety services response, or water, sewer, or trash pickup; and

7.      That the special conditions or circumstances on the property were not caused by the current owner who is requesting the variance.

 

B.           Variances shall not be granted where the special conditions and circumstances are the result of actions by the current owner of the property.

NOTE:  The following is an example process for consideration of sign variance requests. However, it will probably be preferable for most municipalities to use their existing variance application processes. If so, it is recommended that the municipality adopt subsection (C)(6), Temporary Sign while review pending, to avoid prior restraint issues that may arise where an applicant is unable to put up a sign while going through an administrative review process.

C.           Variance process: Authority to consider variance(s) from the terms of this title is granted to the [COMMISSION]. 

1.      Pre-application meeting: The potential applicant may schedule a preapplication meeting with the [ZONING OFFICIAL]. The purpose of this meeting shall be to review the applicant’s sign plan and to explore options for

the sign to conform to this title, without a sign variance. The [ZONING OFFICIAL] may provide a written summary of the pre-application meeting and recommendations to the potential applicant. A potential applicant who does not schedule a pre-submittal meeting, or who does not follow the [ZONING OFFICIAL]’s recommendations from such meeting, shall not be barred from applying for a sign variance.

2.      Submittal requirements: An application for a sign variance shall be filed on a form provided by the [ZONING OFFICIAL], and shall be accompanied by the following requirements: 

(1)  Name, address, and phone number of applicant(s) and property owner;

(2)  Proof of ownership, legal interest or written authority;

(3)  Legal Description of property or portion thereof;

(4)  Description of variance requested;

(5)  Narrative statements establishing and substantiating the justification for the variance pursuant to subsection (A) of this section; 

(6)  Elevations and other drawings at a reasonable scale to convey the need for the variance; 

(7)  Payment of the application fee; and

(8)  Any other documents deemed necessary by the [ZONING OFFICIAL].

3.    Preliminary review by [ZONING OFFICIAL]: Upon receipt of an application, the [ZONING OFFICIAL] shall, within five (5) working days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the [ZONING OFFICIAL] shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. If it is complete, the [ZONING OFFICIAL] shall place it on the [COMMISSION]’s agenda.

4.    Notice to property owners: The applicant shall provide a list of the owners within [two hundred (200) feet] of the property for which the variance is requested to [ZONING OFFICIAL]. Written notice of the public hearing shall be provided to all owners of property within [two hundred (200) feet] of the subject site, as measured from the boundaries of the Lot on which the proposed sign would be erected. Such notice shall be sent, by the applicant by certified mail, to the owners at least [seven (7) days] before the date of the hearing.

5.    Sign variance public hearing and notice: Within five (5) working days of determining that an application contains all the necessary and required information, the [ZONING OFFICIAL] shall place the application on the [COMMISSION]’s agenda for its next public meeting occurring not less than [ten (10) days] after receipt of the completed application. The [COMMISSION] shall consider the sign variance application at a public hearing. 

6.    [COMMISSION] hearing and recommendation: The [COMMISSION] shall review the application and recommend that the variance be granted as requested; be granted as modified by the [COMMISSION]; or be denied. The [COMMISSION] shall indicate the specific reasons(s) for its recommendation, including specific findings for each standard listed in subsection (A) of this section. 

7.    Temporary Sign while review pending: The applicant may erect a Temporary Sign while the sign variance application is pending before the [COMMISSION]. The Temporary Sign must conform to all other provisions of this title. 

8.    No Modification. There shall be no modification of variances except by further consideration of the [COMMISSION].

 

9.    Expiration of the variance: If for any reason construction of a sign has not commenced, the variance shall expire _____ months from the date on which it was granted.  Extension of variances, without modification, may be applied for prior to the date of expiration. Extensions, up to an additional six (6) months, may be granted by the [COMMISSION] if it finds that the requested extension is consistent with the purpose, policies, and intent of this chapter. Requests for renewal of expired variances shall be considered to be new variance applications.

             

1.08 PERMITTING PROCESS

NOTE: The following is an example process for consideration of sign permit requests. However, it will probably be preferable for most municipalities to use their existing variance application processes.

 

A. Rules and Regulations. 

 

The [ZONING OFFICIAL] is hereby authorized to make and adopt such?rules?and regulations as may be necessary for the proper administration and enforcement of the provisions of the sign regulations, provided that such rules and regulations shall not be in conflict with the provisions, or intent of the sign regulations. The [ZONING OFFICIAL] shall file a certified copy of all rules and regulations which he/she may adopt with the Clerk of Council.  Such rules and regulations shall have the same force and effect as the provisions of the sign regulations. 

 

A copy of all rules and regulations adopted as provided herein shall be maintained by the Code Enforcement Division at its main office, and any person having business with the division shall have access to the copy of all rules and regulations. 

 

B.   Application.

 

An application shall contain such information as the [Zoning Official] deems reasonably necessary for a determination of compliance, or noncompliance with the Sign Regulations, and to assist enforcement thereafter. The applicant shall sign the Application?and each copy thereof, attesting to the truth and exactness of the information supplied.  

 

 

C.   Application?Procedure, Appeal. 

 

Applications shall be filed in such form and in such manner as the regulations require. There shall be _______ fee.

 

Any applicant may appeal the failure of the [ZONING OFFICIAL] to grant a Sign Permit, or to recommend it to be granted upon terms and conditions acceptable to the applicant, to the [COMMISSION]. In order to perfect such appeal, the applicant shall file, within [ten (10) days] of the [ZONING OFFICIAL]’s determination, or recommendation, or within [sixty (60) days] of the filing of the Application,?if the [ZONING OFFICIAL] has taken no action, an appeal to the [COMMISSION]. The [COMMISSION] shall then review the matter after affording the applicant an opportunity to be heard either in person, or in writing, and render a final determination within ______ (__) days of the filing of the appeal, unless such period is waived by the applicant, or extended by the [COMMISSION]. Except to the extent otherwise appealable by law, the [COMMISSION]'s decision shall be final. 

             

1.09 NONCONFORMING SIGNS

 

A.           For purposes of amortization, nonconforming signs may be continued from the effective date of this Code for a period not to exceed:

(a)          ten (10) years from the effective date of this Code; or

(b)          the amortization period provided under a previous regulation, whichever is less.

 

B.           Any sign that is altered, relocated, or replaced must be brought into compliance with all provisions of this Code within fifteen (15) days.

 

C.           The repainting of existing nonconforming signs shall not be considered an alteration within the meaning of this section. Refacing an existing nonconforming sign shall not be considered an alteration as long as the refacing constitutes an exact replica of the existing sign face. The design, color scheme, translucency, graphics, and text must exactly match those existing. If any portion of the replacement face(s) is not an exact replica of the original sign face, the replacement face(s) must be brought into compliance with this subchapter in so far as practicable.

 

D.           A nonconforming sign shall be brought into compliance if it is determined that 50% or more of the market value of the sign has been destroyed or taken down.  Nonconforming signs that are damaged, but that are not required to be brought into compliance pursuant to this subsection, shall be repaired within 60 days.

 

             

1.10 PROHIBITIONS/PENALTIES

 

NOTE: The following is an example of Prohibitions and Penalties for consideration. While most municipalities will use their existing penalties, they should retain Section A below, and strongly consider Section B, or a similar enforcement mechanism. If a municipality is using its prior penalties section, it should carefully review to ensure cohesiveness, particularly with the use of terms and sections above.

 

A.   Repetition Prohibited. Where this chapter specifies that a sign may be displayed only for a limited time, the owner of a property is prohibited from displaying the same or substantially similar sign on the property for a period of 1 calendar year from the date the sign is required to be removed from the lot.

 

B.   Notice and Removal of Signs on Private Property. 

a.    Signs placed or maintained on private property in violation of this chapter are prohibited. The [ZONING OFFICIAL] is responsible for enforcing the provisions of this chapter. In addition to criminal penalties provided herein, the [ZONING OFFICIAL] may pursue civil and administrative remedies, including but not limited to injunctive action in a court of competent jurisdiction. 

 

b.    When a sign has been placed or maintained on private property in violation of this section, the [ZONING OFFICIAL] shall order that the prohibited sign be removed or brought into compliance with this chapter by sending a notice of violation to the owner of the property. A period of not more than ten (10) calendar days from service of the notice of violation shall be permitted to remove or bring the sign into compliance. The notice of violation shall be considered served upon placement in regular U.S. mail or posting on the front entry door of the property. 

 

c.     The property owner may appeal the notice of violation to the [COMMISSION] by filing a written notice of appeal with the [city/village] clerk stating the grounds for the appeal. The notice of appeal must be filed with clerk before expiration of the ten (10) calendar day period allowed for the property owner to remove or bring the sign into compliance. The [COMMISSION] shall hear the appeal at its next regular meeting occurring not less than ten (10) calendar days from the clerk’s receipt of the notice of appeal. The [COMMISSION] shall either enter its findings and decision on the appeal during the hearing, or may take the matter under advisement and issue a decision not more than ten (10) calendar days following the hearing. 

 

d.    The [ZONING OFFICIAL]’s decision to file a criminal or civil complaint with a court of competent jurisdiction shall not be subject to this administrative appeal process. 

 

e.    Upon failure of the owner or agent of the owner to remove or bring the sign into compliance as directed in the notice of violation, any duly authorized employee of the [City/Village] shall be authorized to enter the property in violation and remove the sign to abate the violation. The costs of abatement shall be charged to the property owner. Unpaid costs shall be collected pursuant to [local code authorizing collection of debts owed to municipality and assessing them to property]. 

NOTE: This section provides opportunity for due process before the municipality enters private property to remove a non-compliant sign. Entering private property to remove a sign raises issues –trespass, seizure, conversion, etc.—that are not present when the municipality is removing a sign from its own property.

Notice and a meaningful opportunity to be heard are required, and a basic administrative process is included here. This process has a reasonably expedited timeline because a long, drawn out process may undermine the municipality’s regulation (i.e., if the process is set up to allow an illegal sign to remain for 90 days, and there is no demonstrable harm in leaving it up, then maybe the regulation itself is not narrowly tailored to a significant interest). 

It is expected that most, if not all, municipalities will have an existing process for administrative appeal that would move from the [COMMISSION], to Council, and possibly then to court.

C.   Removal of Signs on Public Property. Unattended signs on public property, including but not limited to parks and rights-of-way, that have not been placed by the [city/village], shall be considered abandoned signs. These abandoned signs may be disposed of or destroyed without notice or compensation. Such disposal or destruction is not subject to appeal. 

  NOTE: This section reproduces 1.03(D); it could be included in either or both locations; it is placed here as an example to distinguish from the treatment of signs on private property, which require more process to enter and abate.

 

 

D.   Penalty. Any person, firm, corporation, partnership, or association violating any provision of this chapter or failing to obey any lawful order or failing to obey any lawful order issued pursuant to its terms shall be guilty of a misdemeanor of the (insert level of misdemeanor) degree.  Each day during which such violation continues shall be deemed a separate offense.

 

E.   Organizational Penalty. An organization may be convicted of a violation of a provision of this chapter under any of the following circumstances:

 

(1)          The offense is a minor misdemeanor committed by an officer, agent or employee of the organization acting in its behalf and within the scope of his office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, such provision shall apply.

 

(2)          A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is committed by an officer, agent or employee of the organization acting in its behalf and within the scope of his office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, such provisions shall apply.

 

(3)          The offense consists of an omission to discharge a specific duty imposed by law on the organization.

 

(4)          If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated or performed by the board of directors, trustees, partners or by a high managerial officer, agent or employee acting in behalf of the organization and within the scope of his office or employment.

 

(5)          Regardless of the penalties provided in subsection (a) hereof, an organization convicted of a violation or a provision of this chapter shall be fined, which fine shall be fixed by the court as follows: (insert level of misdemeanor).