Mr. Jacques then reviewed proposed structural changes to the sign ordinance. The overall structure of the sign chapter has been reworked to add efficiency and clarity, while not making unnecessary changes to existing practices. The proposed ordinance includes four sign classifications: prohibited; exempt; temporary; and signs requiring permits. The sign types would be reduced to what is in Oakwood including wall signs, monument signs, window signs, awning/canopy signs, lawn signs, and projecting signs. Signs would be regulated in a clear, linear progression by: classification, district, sign type, and installation as a primary or secondary sign.
Mr. Jacques reviewed the types of signs that are prohibited in Oakwood under the existing Code including: signs painted directly on a wall/fence/etc.; signs that move; signs with flashing or running lights; roof signs; off-premises signs; signs that imitate traffic signs; portable or wheeled signs; motor vehicles whose sole apparent purpose is to advertise; inflatable or lighter-than-air signs (not including holiday décor); pole signs; billboards; advertising signs; attention-getting devices; home occupation signs; signs located in the public right-of-way (other than government signs); and any sign not expressly permitted. He explained that the proposed sign code will retain all of the existing prohibited signs, and the following two additional sign types: signs on parked vehicles/trailers where the apparent purpose is to advertise and signs that are untruthful or misleading.
The classification of exempt signs is not regulated under the Code, other than to say that they are generally exempt from regulation. These types of signs include: safety/maintenance signs; nameplates; address signs; governmental/regulatory signs; public info signs (phones, restrooms, etc.); certain parking control signs; governmental flags; memorial plaques and cornerstones; safety and security signage; info appearing on gas pumps, vending machines, ATMs; signs adjacent to entry doors (push, pull, open, closed, etc.); hours of operation, credit cards accepted, etc.; temporary holiday/festival décor; and headstones, grave monuments (Cemetery District only).
The classification of temporary residential signs include: window signs and lawn signs. Window signs on residential properties can only be a maximum of six square feet each, a maximum aggregate of 12 square feet, and are deemed permanent signs after 45 days. Lawn signs on residential properties can only be a maximum of six square feet each, a maximum aggregate of 12 square feet. For the protection of free speech, when a sign is not visible within the specified requirements, there is authority written into the ordinance allowing city staff to grant an administrative variance to increase the size to a maximum of 18 square feet, and this variance can only be based on visibility issues.
The classification of temporary non-residential signs include: availability (maximum of 12 square feet); event (maximum of six square feet or covering an existing permitted sign); holiday décor; grand opening (30 days only); and window (not to exceed 10% and for 30 days only).
The classification of signs requiring permits includes all of the signs that are not exempt, prohibited, or temporary; the code section includes permit procedures and confirms that a permit is not required for routine maintenance, changing parts, etc., as long as there is no change to sign type, area, height, or conformance.
Mr. Jacques then reviewed the following specific proposed changes to the existing regulations:
- Clear provisions have been included for signs with “Electronic Changeable Copy”.
- Real estate signs have been re-categorized as temporary signs, subject to the same regulations as any other temporary sign and to be counted in the aggregate square footage of all temporary signs on a property. The current law is content-based, treating real estate signs as a separate category of sign subject to their own requirements.
- Awning signs are now permitted to extend over public rights-of-way (sidewalks), as long as they provide adequate clearance. Current law prohibits this, but this condition exists in the Far Hills Business District and possibly other locations where buildings abut sidewalks.
- Permanent ground signs for residential properties are prohibited. Current law includes a loophole, which staff believes was unintended, that allows these for any property in a residential district.
- Address signs (such as house numbers) are treated as unregulated “exempt” signage, as long as they are limited to two square feet per sign, with a maximum combined area of six square feet. The current law is self-contradicting, allowing only one sign per property, but stating that address signs may be placed on no more than two sides of a structure.