Section
1236.01 Purpose
1236.02 Substitution and protection clause
1236.03 Reclassification of signage
1236.04 Applicability
1236.05 Review and permit requirements
1236.06 Prohibited signs
1236.07 Measurements and computations
1236.08 General requirements for all signs
1236.09 Sign illumination and electronic message centers
1236.10 Permanent signs
1236.11 Temporary signs
1236.12 Nonconforming signs
(a) In the interest of furthering the purpose of this code, these sign regulations are herein established to provide for the use, location and size of signs in a manner that ensures that signs are in harmony with the character of the associated use and surrounding area. More specifically, the purposes of these regulations are to:
(1) Promote and maintain attractive, high value residential, commercial and industrial areas;
(2) Control the size and location so that signs will be aesthetically harmonious and in context with the area in which they are located;
(3) Provide for reasonable and appropriate methods for locating goods, services and facilities in all zoning districts by relating the size, type and design of signs to the size, type and design of the uses and districts;
(4) Eliminate any conflict that would be hazardous between identification signs and traffic control signs and devices;
(5) Ensure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment; and
(6) Prohibit all signs not expressly permitted by this code.
(b) In establishing these purposes, the city has determined that signs which do not comply with these regulations (type, size, location and limitation on the number of signs) are a public nuisance. Unregulated signs are unduly distracting to motorists and pedestrians, and thereby create a traffic hazard and reduce the effectiveness of signs needed to direct the public.
(c) The city does not intend to infringe on the rights of free speech as protected by the First Amendment to the United States Constitution and Chapter I, § 11 of the Ohio Constitution. All regulations in this chapter are to be construed, whenever possible, in favor of vigorous political debate and accommodation of the rights of persons to speak freely.
(Ord. 21-161, passed 12-13-2021)
Wherever a sign with a commercial message is allowed or permitted under this chapter, an owner may replace the message with a noncommercial message, subject to the time, place and manner provisions of this chapter, without applying for a permit and/or paying a fee that otherwise would be required for the placement of a commercial message sign on the lot; provided, that the sign structure or mounting device is legal without consideration of message content. This provision prevails over any provision to the contrary in this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a lot or parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.
(Ord. 21-161, passed 12-13-2021)
If the type of any sign that legally existed prior to the effective date of this amendment is reclassified by this amendment, such sign shall be classified as the sign type defined in this chapter and Chapter 1246: Definitions, and shall be subject to the applicable standards for such sign type from the effective date of this amendment. Such reclassification shall be regardless of any variances that were approved prior to the effective date of this amendment.
(Ord. 21-161, passed 12-13-2021)
(a) No person shall erect, place, relocate, expand, modify, maintain or otherwise alter a sign, or cause a sign to be erected, placed, relocated, expanded, modified, maintained, or otherwise altered unless all provisions of this code have been met.
(b) Unless otherwise provided, this chapter shall apply to any sign, in any zoning district, that is visible from a public right-of-way or from an adjacent property.
(c) Any sign legally established prior to the effective date of this chapter, and which sign is rendered nonconforming by the provisions herein, shall be subject to the nonconforming sign regulations of § 1236.12: Nonconforming Signs.
(d) Any person installing, structurally altering and/or relocating a sign for which a permit has been issued shall be responsible for the scheduling of necessary inspections, including, but not limited to, an inspection of footings on a freestanding sign, building, and electrical inspections and the like, during the course of the work.
(Ord. 21-161, passed 12-13-2021)
(a) Permit generally. To ensure compliance with these regulations, a zoning permit shall be required to be issued unless specifically exempted in this chapter.
(b) Historic district. Zoning permits for signs in a historic district or on a landmark site shall not be considered until a COA has been approved.
(c) Design criteria. Signage requests not related to a use or development that requires site plan approval may be approved administratively by the Code Administrator, provided that such request(s) adheres to all the applicable code requirements listed in this section. The Code Administrator shall have the option to defer the signage request to the Planning Commission for approval. All permanent signs related to a use or development that requires a site plan review approval (see § 1214.06: Site Plans) shall be required to be reviewed as part of the site plan review application prior to issuance of a zoning permit. During such review, the Planning Commission shall consider the following design criteria, without consideration of the message, in addition to the numerical standards of this chapter:
(1) The lettering shall be large enough to be easily read but not overly large or out of scale with the building or site;
(2) The number of items, letters, symbols and shapes shall be consistent with the amount of information which can be comprehended by the viewer; reflect simplicity; avoid visual clutter; and improve legibility;
(3) The shape of the sign shall be simple and not create visual clutter, and the sign should be consolidated to a minimum number of elements;
(4) The size, style and location of the sign shall be appropriate to the activity of the site;
(5) The sign shall compliment the building and adjacent buildings by being designed and placed to enhance the architecture;
(6) Signs shall have an appropriate contrast and be designed with a limited number of, and harmonious use of, colors;
(7) Extraneous elements, by virtue of inappropriate remodeling, and which exist at the time a new sign is proposed, shall be removed to improve the clarity and design of the proposed sign and restore the intended character of the building;
(8) Signs, if seen in series, shall have a continuity of design with the style of sign generally consistent throughout the building or block;
(9) Visible frames or supports for projecting signs shall be artistic in nature; and
(10) A sign should be constructed with a minimum of different types of material so as to provide a consistent overall appearance.
(d) Zoning permit exemptions for signs. The following signs are subject to the requirements of this chapter but do not require a zoning permit. Permit-exempt signs may still be subject to building code or other applicable code requirements:
(1) Signs and/or notices issued by any court, officer or other person in performance of a public duty. Any such sign shall be removed no later than seven days after the last day it is required to be displayed;
(2) Whenever any sign, either conforming or nonconforming, is required to be removed for the purpose of repair, relettering or repainting, the same may be done without a zoning permit or any payment of fees provided that all of the following conditions are met:
A. There is no alteration or remodeling to the structure or the mounting of the sign itself;
B. There is no enlargement or increase in any of the dimensions of the sign or its structure; and
C. The sign is accessory to a legally permitted or legally nonconforming use.
(3) This shall include the exchange of sign panels when a sign is designed to have replaceable sign faces unless a zoning permit or site plan review is required for simultaneous work on the applicable lot, in which case, the sign panel change shall be reviewed as part of the zoning permit or site plan review application, as applicable;
(4) Signs that are an integral part of the original construction of vending or similar machines, fuel pumps, automated teller machines or similar devices that are not of a size or design as to be visible from a street or by any person other than those using the machine or device;
(5) Any sign that is located completely inside a building that is not visible from the exterior (see also definition of window sign);
(6) Signs that are located within a stadium, open-air theater, park, arena or other outdoor use that are not visible from a public right-of-way or adjacent property, and can be viewed only by persons within such stadium, open-air theater, park, arena or other outdoor use;
(7) Certain temporary signs as established in § 1236.11: Temporary Signs;
(8) No more than four flags located on flagpoles or on wall-mounted posts provided that the following shall apply:
A. The maximum height of flag poles shall not exceed the maximum building height for structures in the subject zoning district, and a maximum sign area of area of 40 square feet for any individual flag attached to the pole; and
B. The maximum projection for wall-mounted flag post is six feet and a maximum sign area of 15 square feet per flag.
(9) A single wall sign placed on the facade of an individual dwelling unit that is not illuminated and does not exceed two square feet in area;
(10) Signs that are an integral part of the historic character of a structure that has been designated an official landmark or historic structure by any agency or body of the governments of the United States, state, Lorain County or city;
(11) Any signs located on umbrellas, seating or similar patio furniture provided they are located outside of the right-of-way;
(12) Ground signs and markings located completely within the interior of a lot used for a cemetery where such signs are not designed to be visible from a public street;
(13) Signs that are part of a public art installation;
(14) Any sign on a truck, bus or other vehicle that is used in the normal course of a business (e.g., deliveries or fleet vehicles for contractors) for transportation (see also § 1236.06(p)), or signage required by the state or federal government;
(15) Signs installed or required by a governmental agency including the city, Lorain County, state and United States, including local and regional transit agencies;
(16) Any warning signs or traffic safety signs required by public utility providers;
(17) Hand-held signs not set on or affixed to the ground;
(18) Any address numbers required by the city, Lorain County or the state;
(19) Changes of copy on signs with changeable copy;
(20) Any signs, including illuminated signs, or related decorations erected in observance of religious, national or state holidays which are not intended to be permanent in nature and which contain no advertising material; and
(21) General maintenance, painting, repainting, cleaning and other normal maintenance and repair of a sign or any sign structure unless a structural change is made.
(Ord. 21-161, passed 12-13-2021; Ord. 22-195, passed 12-19-2022)
The following types of signs are specifically prohibited within the city:
(a) Any sign that copies or imitates a sign installed by any governmental agency or purports to have been authorized by a governmental agency;
(b) Signs that interfere with, obstruct the view of, or are similar in appearance to any authorized traffic sign, signal or device because of its position, shape, use of words or color;
(c) Signs that constitute a hazard to safety or health by reason of inadequate or inappropriate design, construction, repair or maintenance, as determined by the building official;
(d) Signs that employ any parts or elements which revolve, rotate, whirl, spin or otherwise make use of motion to attract attention. This shall not include electronic message centers as allowed in this chapter;
(e) Signs with moving or flashing lights except for electronic message centers as allowed in this chapter;
(f) Feather signs;
(g) Beacons and searchlights, except for emergency purposes;
(h) Windblown devices, pennants, streamers, and similar signs that are designed to move by atmospheric, mechanical, electrical or other means, whether containing words or numerals or containing no message.
(i) Air-activated graphics;
(j) Balloon signs;
(k) Roof signs;
(l) Signs that are applied to trees, bus shelters, utility poles, benches, trash receptacles, newspaper
vending machines or boxes, or any other unapproved supporting structure, or otherwise placed in the public right-of-way except as otherwise specifically provided for in this code;
(m) Signs that obstruct or substantially interfere with any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress to any building;
(n) Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure unless specifically permitted as a temporary sign;
(o) Portable signs;
(p) Vehicle signs viewed from a public road with the primary purpose of providing signage not otherwise allowed by this chapter. A vehicle sign shall be considered to be used for the primary purpose of advertising if the vehicle fails to display current license plates, inspection sticker, or municipal decal; if the vehicle is inoperable; if evidence of paid-to-date local taxes cannot be made available; or if the sign alters the standard design of such vehicle. Vehicle signs include those attached to or placed on a vehicle or trailer. Vehicles or trailers shall not be parked continuously in one location to be used primarily as additional signage. This does not apply to a vehicle parked at a driver’s residence and is the primary means of transportation to and from his or her place of employment. See also § 1236.05(d)(14); and
(q) Any sign not specifically allowed by this chapter.
(Ord. 21-161, passed 12-13-2021)
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