§ 153.385. Outdoor advertising.

A.

Development requirements for outdoor advertising displays permitted as a conditional use.

1.

No outdoor advertising display shall be located nearer the right-of-way of a public thoroughfare than the building line established by this Zoning Code.

2.

No roof bulletin shall be permitted.

3.

Only single-panel outdoor advertising display shall be permitted facing one direction, but this restriction does not exclude the back-to-back panels.

4.

The minimum distance between outdoor advertising displays shall be one thousand feet. This distance shall be measured along the street lines abutting the property containing the displays.

5.

A ground bulletin and all parts thereof shall be so located as not to obstruct any door or window within five feet of the same, and shall be located no less than five feet from any district designated by this Code as a Class U1 or Class U2 District.

6.

No ground bulletin of combustible construction shall be erected to a height of more than thirty feet above the lowest grade under the same. No ground bulletin whose supports and braces are of steel or other approved noncombustible material, and whose face is of noncombustible construction FRTW wood as approved by the Superintendent of Building Inspection and Regulation shall exceed the height district as found in this code or of a maximum height of fifty feet, whichever is less.

7.

The surface display area of an outdoor advertising display shall not exceed three hundred square feet within retail business use districts and six hundred seventy-two square feet within commercial use districts.

8.

No part of a ground bulletin, except its necessary supports and braces, shall be less than five feet above the highest grade of the ground under the same, except that the open space under such ground bulletin may be latticed with wood lattice work which provides not less than fifty percent of uniformly distributed open space.

9.

No part of a wall bulletin shall extend into any street, alley, or other public thoroughfare except as provided in subsection 11 of this section.

10.

No part of a wall bulletin shall extend beyond the top or ends of the wall on which it is erected, except as provided in Section 153.350(A)(1)—(4) and (K) for wall signs.

11.

A wall bulletin, all parts of which are erected not less than eight feet six inches above the grade under the same, may project not to exceed eight inches beyond the right-of-way line of a street or other public thoroughfare.

12.

Outdoor advertising displays which project over public property shall be prohibited.

13.

Illuminating or light reflectors may project not to exceed six feet beyond the limits permitted for the ground bulletin, provided, the reflectors are not less than ten feet above the grade at the ground bulletin.

14.

There shall be an open space not less than two feet between any two ground bulletins, except that such open space may be latticed with light lattice work which provides not less than fifty percent of uniformly distributed open space, and except in cases where, in the opinion of the Superintendent of Building Inspection, this requirement would preclude the erection of a ground bulletin, he may waive not more than one two-foot separation where two or more ground bulletins are to be erected at a location.

15.

No outdoor advertising display shall be located closer than one hundred feet from a residence district if facing a residence district.

16.

Outdoor advertising displays may include automatic changeable copy signs (i.e., electronic message centers) provided the display is not a flashing sign and does not rotate or have the appearance of moving. Illumination shall be designed so as not to cause glare which may result in traffic hazards or which may interfere with the customary use of nearby residences. In addition, no non-conforming outdoor advertising display may be reconstructed to include electronic message centers.

17.

No outdoor advertising display shall flash, move or give the appearance of movement or contain banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, or similarly moving displays.

18.

All outdoor advertising displays shall be maintained in good repair, in a safe condition and shall be protected against decay from the elements and shall be uniformly coated by paint or other treatment, free of chips, cracks, flaking, chalking, peeling or exposed underlying surfaces, and shall be free of holes, cracks, rust, or broken, loose or decaying materials.

19.

The perimeter at the base of a ground bulletin shall be landscaped with shrubbery, ground cover or other perennial plantings, properly maintained and free of weeds; or if hard surface paved shall be maintained in good repair.

B.

Additional development requirements for highway advertising devices adjacent to expressway and primary highways. Subject to subsection A of this section, the following requirements apply to highway advertising devices along certain highways:

1.

General restriction along expressways. No highway advertising device shall be erected within six hundred sixty feet of the edge of the right-of-way of an expressway, controlled-access highway, limited-access highway, or highway on the interstate system except the following:

a.

Directional or other official signs or notices that are required or authorized by law; and

b.

Signs advertising the sale or lease of the property on which the sign is located.

2.

Restriction along primary highways. No highway advertising device shall be erected within six hundred sixty feet of the edge of the right-of-way of a highway on the primary system, except the following:

a.

Directional and other official signs and notices required or authorized by law; signs and notices pertaining to natural wonders and scenic and historical attractions, which shall conform to regulations promulgated by the State Director of Transportation consistent with the national policy, provided that no such sign is erected or maintained until a permit is obtained as provided in subsection (B)(6) of this section;

b.

Signs advertising the sale or lease of the property on which they are located;

c.

Precautionary signs relating to the premises;

d.

Signs, displays, or devices which locate, identify, mark, or warn of presence of pipe lines, utility lines or rail lines, and appurtenances thereof including, but not limited to, markers used in the maintenance, operation, observation, and safety of such lines;

e.

Highway advertising devices located in a use district where such devices are permitted, provided that permits have been obtained for such devices as provided in subsection (B)(6) of this section.

3.

Nonconforming highway advertising devices.

a.

Any highway advertising device lawfully in existence prior to May 2, 1978, or lawfully on any highway made part of the interstate, primary, or expressway system on or after May 2, 1978, the erection of which would be illegal under section (B)(1) and (2) of this section, is nonconforming. If any such nonconforming highway advertising device is located in a use district where such device is permitted, it may be maintained and shall not be ordered removed by the Superintendent of Building Inspection, but such highway advertising devices are subject to the permit provisions of subsection (B)(6) of this section. All other nonconforming highway advertising devices may be maintained, subject to the permit provisions of subsection (B)(6) of this section, until ordered removed by the Superintendent under subsection (B)(4) of this section.

b.

The Superintendent shall not require the removal of any highway advertising device for which federal or state reimbursement is contemplated pursuant to subsection (G), 79 Stat. 1028 (1964), 23 S.C.A. 131, and O.R.C. 35516.07, unless, until, and to the extent that federal or state funds for the federal and state share of compensation therefor have been appropriated by the federal or state governments and made available to the Superintendent for such purposes.

4.

Removal of Advertising Devices.

a.

The Superintendent may order the removal of highway advertising devices that are nonconforming, in accordance with subsection (B)(3) of this section, and each such removal of any highway advertising device ordered by the Superintendent shall be deemed to constitute a taking of all right, title, and interest in such highway advertising device, including any leasehold interest, of the owner of the highway advertising device and of the right of the owner of real property on which the highway advertising device is located to erect and maintain such interests in any such taking, in the same manner as other property is acquired for state highway purposes pursuant to O.R.C. Chapter 163, notwithstanding the right or obligation of the owner of such highway advertising device, as against the owner of the real property on which the highway advertising device is located, to remove such device at any time. If the City and such owner of a compensable right or interest under this subsection B of this section do not reach agreement as to the amount of compensation to be paid for the taking of such right or interest, the City shall institute an action to appropriate the interest of such person in accordance with O.R.C. Chapter 163. In any such action, loss of business shall not be considered an item of compensable damages.

b.

The Superintendent shall not enter on any property pursuant to a removal order to cause the physical removal of any highway advertising device, for which an owner is entitled to compensation, until the owner and the City have reached agreement as to the compensation to be paid or until the compensation proposed to be paid by the City has been deposited pursuant to O.R.C. § 163.06.

5.

Regulation of advertising devices adjacent to primary highways. The Superintendent shall promulgate and enforce regulations consistent with customary use in outdoor advertising and national policy governing any or all aspects of the highway advertising devices to be erected or maintained within six hundred sixty feet of the edge of the right-of-way of a highway on the primary system and coming within the exceptions contained in subsection (B)(2)(e) of this section. Such regulations shall include, but not be limited to, size, lighting, spacing, and such other conditions as may be necessary to effect the national policy. The Superintendent shall furnish a copy of such regulations to any person making a request therefor. The Superintendent may adopt such amendments to such regulations as are necessary and consistent with customary use in outdoor advertising and the national policy. Such regulations shall be in addition to the provisions of any City ordinance regulating advertising devices.

6.

Permits.

a.

No private off-premises highway advertising device shall be erected or a conforming highway advertising device maintained within the areas covered by subsections (B)(1) and (2) of this section without a permit.

b.

No nonconforming highway advertising device may be maintained without a permit, except that permits shall be issued to maintain such nonconforming highway advertising devices subject to the limitations set forth in subsection (B)(3) of this section. If such permit has been previously issued by the city, a copy thereof may be furnished to the State Director of Transportation in lieu of securing a permit as required by state law.

c.

Applications for such permits shall be made to the Superintendent and permits authorized herein shall not unreasonably be withheld, provided that no permit for the erection of an advertising device under subsections (B)(1)(a) and (2)(a) of this section shall be issued by the Superintendent without the prior approval of the State Director of Transportation. The applications and permits shall be on forms designated by the Superintendent, and a copy of such permit issued by the City shall be furnished by the Director prior to its effective date. The City may make a charge for any highway advertising device permit issued under authority of this section, such charge to be based on the reasonable cost of administering and processing such permits.

d.

The issuance of a permit under this subsection B of this section shall not be construed to invalidate City ordinances requiring a permit or license or providing for an inspection fee for advertising devices, or regulating such highway advertising devices. The cost of permits or licenses issued or inspection fees charged under this section shall be credited against and shall reduce the cost of the permit issued hereunder.

7.

Prohibition of highway advertising devices. This section shall not be construed to allow the erection of highway advertising devices in an area zoned to exclude such devices.

8.

Abatement of highway advertising devices.

a.

Any highway advertising device which violates subsections (B)(1) and (2) of this section is declared to be a public nuisance, and the Superintendent shall give thirty days' notice, by certified mail, to the owner or lessee of the land on which such highway advertising device is located, if known, to remove such highway advertising device, or to cause it to conform to the requirements of this subsection B of this section. If the owner of such highway advertising device is unknown, the Superintendent shall make a reasonable attempt to ascertain the identity of such owner.

b.

If any such highway advertising device has not been removed or caused to be conformed on or before the expiration of thirty days following the receipt of such notice by the owner or lessee of the land on which the highway advertising device is located and the owner of the highway advertising device, if known, the Superintendent or any of his duly authorized agents may, at his discretion, either:

i.

Remove, obliterate or abate the highway advertising device. The cost or expense of such removal, obliteration, or abatement shall be paid by the Superintendent out of the appropriate fund or funds available for such purpose and the amount thereof shall be certified to the Director of Law for collection by civil action against the person maintaining or erecting such highway advertising device;

ii.

File a complaint by petition in the Court of Common Pleas of the county. On a finding by the court that a violation of this section exists as alleged in the petition, the court shall enter an order of abatement against the person erecting or maintaining such highway advertising device or against the owner of the land on which such highway advertising device is situated.

9.

Powers of the Superintendent and method of appeal.

a.

The Superintendent shall exercise the powers and perform the duties delegated to him by this subsection.

b.

Any person adversely affected by such an exercise of powers or the performance of duties so delegated to the Superintendent has the right of appeal to the Board of Building Appeals as provided in Section 190.305.

10.

Penalty. Whoever erects or maintains a highway advertising device in violation of subsection B of this section shall be fined not less than one hundred dollars nor more than one thousand dollars.

C.

Special Development Conditions for Downtown and the Scenic Byway. The following development requirements shall apply to Downtown and the Scenic Byway and shall be in addition and supplementary to those requirements specified elsewhere in the code.

1.

No new or additional outdoor advertising display of any nature shall be placed, erected or located in Downtown.

2.

No outdoor advertising display shall be erected within one thousand feet of the centerline of the Ohio and Erie Canal Scenic Byway as delineated by the "Ohio and Erie Canal Scenic Byway Management Plan," dated November, 1998, and on file with the Clerk of Council.

3.

Existing outdoor advertising displays, if not removed, shall be maintained to insure safety and structural soundness but they may not be otherwise altered, reconstructed, enlarged, or expanded regardless of any contrary provisions in this chapter.

D.

1. Except as provided in subsection C of this section, the provisions of the article on nonconformities at Section 153.390 et seq., shall apply to all outdoor advertising displays rendered nonconforming by the provisions of this chapter, provided, however, that no outdoor advertising display may be enlarged, reconstructed or structurally altered unless conforming to the provisions of this chapter and any other applicable provisions of this Zoning Code.

2.

When the use or required maintenance of any outdoor advertising display is discontinued the owner of such outdoor advertising display shall immediately remove the same, including the pole, sign box, electrical connections, sign facing, frame, brackets, and other components or the Superintendent of Building Inspection shall take such action as may be necessary to abate such nuisance.

E.

Any permitted outdoor advertising display may contain any lawful commercial and/or noncommercial message.

F.

The outdoor advertising display must conform to the requirements of Section 153.474. Council may except or increase any of the provisions in this chapter consistent with the provisions of Section 153.474.

G.

Council shall retain authority to amend the provisions of any conditional use zoning granted pursuant to this section to ensure compliance with any applicable state or federal rule or regulations pertaining to the operation or use of any outdoor advertising devise and to ensure that the operation and use of any outdoor advertising device comports with all reasonable safety standards established by Council.

(Ord. 508-2006: prior code § 153.290; Ord. 197-2000; Ord. 859-1992; Ord. 362-1987; Ord. 219-1987; Ord. 621-1985; Ord. 512-1982; Ord. 426-1979; Ord. 322-1976; Ord. 252-1972; Ord. 528-1949)

(Ord. No. 68-2009, § 2, 2-9-09; Ord. No. 221-2011, § 6, 7-11-11)