• Additional signs have been added to the “prohibited” list. Signs on parked vehicles and visible from any public right-of-way where the apparent purpose is to advertise would be on this list, as well as signs that are untruthful or misleading.
• Additional signs have been added to the unregulated “exempt” list, such as governmental flags and holiday décor, but the holiday décor cannot function as an advertisement.
• “Marquee signs” have been deleted as a permitted sign type. While there are none currently in Oakwood, they are permitted under current law.
• For non-residential uses in residential zoning districts, a requirement has been added that any sign illumination must be turned off between 10 p.m. and 7 a.m. unless the business or institution is still open during those hours. The current law has no such requirement.
• A “sunset provision” has been added for pole signs, allowing them to remain in place for up to 10 years after the effective date of the ordinance before requiring them to be replaced with conforming signs. The current law prohibits pole signs, but there are at least three in Oakwood. The sunset provision ensures their eventual removal, while allowing ample time for compliance without imposing a significant burden.
• Reliance upon the 1997 Business District Design Guidelines has been reduced by moving specific business sign requirements into the Zoning Code. The current law includes very few specific requirements for signs in business districts such as dimensional requirements or locations. Instead, it requires that the 1997 design document be followed. Unfortunately, that document does not state many clear requirements, and uses vague words such as “may” or “should.”
• Projecting signs, or signs that are hung so they stick out perpendicular to the building, have been retained, but will now require a special use permit. The current law treats projecting signs as “freestanding signs,” but freestanding signs are a type of detached ground sign and the regulations appear to be tailored more to ground-based signs. Since they are not very common, and could negatively impact the appearance of an area where all other signs are mounted parallel to the face of a building, city staff opted to require special use approval.
• The categories of “freestanding signs” and “ground signs” have been merged and renamed as “monument signs.” The current law uses “freestanding” and “ground” interchangeably. The name “monument signs” suggests a sign of permanence and substance, and it also avoids any confusion as to what is a “ground sign” and what is a “lawn sign.” Basic landscaping is now required to soften the base of monument signs. The current law does not include this requirement, although landscaping plans are typically required with most new developments.
• A new section has been added to address non-conforming signs. The current Zoning Code includes Title 13 which is entirely devoted to non-conformities, but it is geared more towards non-conforming uses and buildings such as setback requirements.

Mr. Jacques went on to explain that there were some changes that were also required to comply with federal law. The “purpose” provision has been expanded to include the City’s commitment to preserve, protect, and respect constitutional principles of free speech. Content-based language has been removed, as much as possible, in favor of content-neutral language. Regulations are focused on addressing the time, place, and manner of displaying signs, rather than regulating them according to content. This is a First Amendment consideration, bringing the code into compliance with Reed v. Town of Gilbert, 576 U.S. ___, 135 S. Ct. 2218 (2015). A provision has been added to authorize the Building Commissioner to vary the size requirements for temporary signs to ensure that signs are visible. Variances must not exceed 50%, and are to be based on visibility only. All sign definitions have been reviewed and rewritten for content-neutrality and to avoid vagueness.

Mr. Jacques then provided details regarding the proposed electronic changeable copy sign provisions. A particular concern of the Planning Commission was the lack of clear code guidance on the topic of electronic/digital signage in the current code, which staff clarified in the new provisions.

Signs with “electronic changeable copy” will only be permitted for specific uses: places of worship, educational institutions and governmental facilities.