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66-04 Ordinance RECORD OF ORDINANCES Dayton Leal Blank, Inc. Form No. 30043 Ordinance No. 66-04 (Amended) Passed , 20 AN ORDINANCE AMENDING THE PROVISIONS RELATING TO POLITICAL SIGNS IN SECTION 153.157(G) OF THE DUBLIN CODIFIED ORDINANCES AND DECLARING AN EMERGENCY WHEREAS, it is necessary from time to time to amend the Dublin Codified Ordinances in order to protect the health, safety and welfare of the citizens of the City of Dublin; and WHEREAS, specifically, the Ohio Supreme Court ruled that an ordinance regulating the posting of political signs within a specified time frame prior to an election was unconstitutional; and WHEREAS, the Dublin Code contains such a provision; and WHEREAS, as a result of the Ohio Supreme Court decision, this section must be revised; NOW, THERE ORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: Section 1. Section 153.157(G) is hereby created and provides as follows: 153.157 SIGNS NOT REQUIRING A PERMIT. The following signs do not require a permit, but are subject to the restrictions listed in 153.155, 153.156, 153.158 and 153.164 of this subchapter unless expressly exempted. Nothing in this section shall be construed to allow any sign which is prohibited in § 153.154, unless any such sign is expressly permitted. (A) Government Flags. The flag, pennant, or insignia of any nation, state, city or other political unit. Poles for such flags must be no more than 35 feet in height, or lower if in a lower structure height district. A foundation permit must be received from the Building Department for all flagpoles. The area of such flags must be determined according to the following table: Pole Height Maximum Flag Size 35' S' by 9' 6" 30' S' by 8' 25' 4' by 6' 20' 3' by 5' (B) Corporate Flags. Corporate flags are exempt from the Sign Code subject to the following conditions: (1) No more than one corporate flag may be flown per eligible parcel of land. (2) The minimum parcel size shall be not less than three acres. (3) The corporate flag shall not be larger than a government flag, if one is flown, and in no case larger than three feet in height and five feet in length. (4) All corporate flags must be flown below any government flag flown. (5) The maximum height for a corporate flag on a separate pole i shall be twenty feet as measured from established grade line to the top of the pole. RECORD OF ORDINANCES Duyron Ixgal Blank. Inc. Form No. 30043 Ordinance No. 66-04(Amended) Passed , 20 Page 2 (6) Corporate flags may display only the name, corporate emblem and/or logo of a given corporation. Slogans and tag lines are not permitted. (C) Governmental Signs. Governmental signs shall include traffic or similar regulatory devices, official "Welcome to Dublin" signs, legal notices, warnings at railroad crossings, or any other such sign required by law. Such signs shall be consolidated with other governmental signs whenever possible. (D) Public Information Signs. Public information signs established by the city, including "Block Watch," "Tree City, USA," and other such signs, provided that they do not exceed three square feet in area. Such signs shall be consolidated with other governmental signs whenever possible. If the sign is located in right-of--way it must be approved by City Engineer. (E) Public Banners. Banners established by the City of Dublin to promote the community and city-sponsored events and located on light posts in the public right-of--way, provided that such banners are restricted to eight square feet in area and limited to three colors, including black and white. (F) Holiday Signs. Signs clearly in the nature of decorations customarily associated with any national, state, local, or religious holiday, to be limited to an aggregate total of 60 days in any one given year, and to be displayed not more than 60 consecutive days. Such signs may be illuminated, providing no safety or visibility hazards are caused by such illumination. Animated and flashing holiday signs are permitted for residential uses only, providing no safety or visibility hazards are caused by such illumination. Gas-inflatable holiday signs must comply with § 153.161(B), and a sign permit must be obtained before agas-inflatable sign maybe installed. (G) Political Signs. Political signs or posters concerning candidates for office, public issues or similar matters to be decided by the public at an election a ~t, a' t oa o ~t,,, zn a., „ oto..+;,,., r,t o o,t t„*o,. ~ o~ ,t.,..~ .,~*o,- ~ ,.t, oto,.*;^~ c••,.t, Jig;=~s shall not exceed six square feet in size, shall not be illuminated in any manner, shall not be affixed to any public utility, pole, tree, or natural object, nor be located within a public right-of--way, nor create a safety or visibility hazard. Permission to post such signs must be obtained from the owner(s) of the property on which the signs are placed. Such signs shall be removed and may be replaced in the event the sign is torn, broken, tattered or otherwise in an unsightly condition. (H) Street Address Signs. Signs bearing only the street address of the properties on which they are located. For residences, such numbers must consist of Arabic numerals no less than three inches nor more than eight inches in height. For non-residential uses, maximum number height varies according to front setback. If the setback is less than 100 feet, the maximum number height is 12 inches. For setbacks between 100 and 200 feet, the maximum height is 18 inches. For setbacks over 200 feet, the maximum height is 24 inches. All street address signs shall contrast to the color of the surface on which they are mounted and shall be clearly identifiable from the street and attached to the building or mailbox. Every building is required to post its street address. (I) Residential For Sale/For Lease Signs. Signs indicating the sale, rental, or lease of residences, provided such signs are limited in size to seven square feet in area and three feet in height in all residential areas. Free-standing signs must be located so that they do not interfere with the safe movement of vehicular or pedestrian traffic, and all signs shall be removed within 14 days after the sale, rental, or lease has occurred. Only one such ground or window sign per street frontage is permitted. RECORD OF ORDINANCES Duy~on Lcoal Blank, Inc. Form No. 30043 Ordinance No. 66-04(Amerided) Passed 20 Page 3 (J) Open House Signs. Signs promoting an open house for property that is available for sale, rent, or lease, provided that only three such signs for each open house. All such signs shall be installed not more than two hours immediately preceding the open house and removed no more than two hours following conclusion of the open house. Such signs may not exceed seven square feet in area or three feet in height and must not be located in such a way that would interfere with the safe movement of vehicular or pedestrian traffic. Such ground signs may not be located within medians. (K) Window Display Signs. Signs incorporated into the window display of a business, provided such window display signs are: (1) Limited to one sign per window, with the total area of each sign not exceeding 10% of the area of the window in which it is placed, or six square feet, whichever is less, and limited to an aggregate maximum of 24 square feet per business; (2) Placed only in ground level windows; (3) Erected for no longer than 30 days each. All previously displayed signage must be removed and not reinstalled for 30 days, (4) The name of the company or business is limited to a maximum of 25% of the actual size of the window display sign. (L) Private Traffic and On-site Directional Signs. Traffic and directional signs indicating points of entry or exit for a facility or off-street parking area, provided such signs are limited a maximum of four square feet in area and three feet in height and do not interfere with safe vehicular or pedestrian traffic circulation or obstruct the view of drivers exiting onto highways or thoroughfares. Such signs may contain information such as "in " "enter " "entrance " "out " "exit " "do not enter" or similar language as approved by the Zoning Administrator or designee. Arrows indicating desired traffic movement may also be used for directional signage. Such signs may contain no advertising, including logos and must be of a rectangular shape. Such signs must be on the property to which they refer and may not be placed within a public right-of--way. (M) Informational Window Signs. Window signage with a total area of two square feet or less and bearing only information about entry and exit, business hours, authorized service representative information and/or discount and credit systems accepted in that establishment (e.g., American Express, MasterCard, Visa, Golden Buckeye Card). This includes product signs. Each individual sign is limited to three colors. (N) Residential Information Signs. Information signs are allowed only when they display information necessary for the safety and convenience of residents and visitors, such as "beware of dog" and "no trespassing." Such signs may not exceed two square feet in area and may contain no advertising. (O) Scoreboards. Scoreboards used for sporting events, provided that they are not visible from a public right-of--way or adjacent property. (P) Security System Signs. Signs displaying information about the security system protecting buildings or property, provided that such signs do not exceed one square foot in area. (Q) Construction Trailer Signs. Signs painted on or affixed to construction trailers, vans, or other vehicles temporarily in use on a construction site. RECORD OF ORDINANCES Dayton Legal Blank. Inc. Form No. 30043 Ordinance No. 66-04(Amended) Passed 20 Page 4 (R) Barber Poles. According to state law, all barber shops must display either a barber pole or a window sign reading "Barber." If a pole is displayed, it may not exceed 28 inches in height. (S) ATMs. Signage for all ATM's (Automated Teller Machines) shall be limited to one square foot of sign area and utilize no more than three colors. ATM signage must have an opaque background. If the ATM contains a logo, it may be internally illuminated. (All external illumination shall comply with the Dublin Lighting Guidelines.) In addition, monochromatic, non-illuminated logos of accepted credit systems, (Visa, Mastercard, American Express, etc.), are limited to less than one square foot in area and must be oriented to the user of the device only. Section 2. This Ordinance is declared to be an emergency necessary for the immediate preservation of the public health, safety, and welfare due to the need to immediately comply with Ohio State Supreme Court case law and to ensure that the prohibitions currently in effect are removed prior to the 2004 elections. This Ordinance shall therefore be effective upon passage. Passed this~p~ day of J e p-tc~b~y , 2004. ayor -Presiding Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. D ty Clerk of Council, Dublin, Ohio