Agenda - Planning Commission - 07/06/2017

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June 10, 2017 I Volume 11 I Issue 11 Zoning Bulletin Signs/Standing—City sues property owner for failure to remove sign that violated off -site sign prohibitions in the city's zoning code Property owner challenges as unconstitutional the "selective enforcement" of the zoning code and the "overbroad" language of the prohibition Citation: City of Cincinnati v. Fourth National Realty, LLC, 2017-Ohio- 1523, 2017 WL 1491028 (Ohio Ct. App. 1st Dist. Hamilton County 2017) OHIO (04/26/17)—This case addressed the issue of whether a city selectively enforced a sign ordinance in violation of equal protection rights. It also addressed whether a sign owner had standing to challenge the city zoning code's off -site sign prohibitions as unconstitutional on free speech grounds. The Background/Facts: Fourth National Realty, LLC ("Fourth National") had a sign (the "Sign") on the east face of its five -story real property in a Downtown Development ("DD") zoning district in the City of Cincinnati (the "City"). The Sign was approximately 45 feet tall, 40 feet wide, and 1,800 square feet in total area. The Sign promoted the products of the John Morrell Company and several local sports teams, none of which were found on the property. The Sign had not been allowed by any permit from the City. The City had previously issued to Fourth National a permit for a much smaller sign to advertise John Morrell products based on its understanding that the sign pertained to businesses conducted in the building. Fourth National never installed that approved sign, and instead installed the un-permitted larger Sign. At some time, the City received a complaint about the Sign. The City notified Fourth National that the Sign violated the City's zoning code, including: (1) Cincinnati Zoning Code 1411-39(a)(1), which expressly prohibits outdoor advertising signs, a type of off -site sign, in the DD Zon- ing District; and (2) Cincinnati Zoning Code 1427-17, which excludes the DD Zoning District from the list of zoning districts in which off -site signs are permitted. Fourth National did not dispute this non-compliance. Fourth National applied for a variance for the Sign. The variance was denied, and Fourth National did not appeal. Fourth National then requested a permit for the Sign. The City found that the copy on the Sign did not pertain to the business conducted on Fourth National's property and was therefore an "off -site sign." The City 8 © 2017 Thomson Reuters