CHAPTER 1174
On-Premises Signs
1174.01   Purpose.
1174.02   Definitions.
1174.03   General provisions.
1174.04   Nonconforming signs.
1174.05   Permits and fees required.
1174.051   Denials of permits; appeals.
1174.06   Signs permitted in all districts without a permit.
1174.07   Residential districts.
1174.08   Downtown commons area.
1174.09   Professional Office District (POD).
1174.10   B-N District.
1174.11   Business-Downtown District (B-D).
1174.12   Business-General (B-G), Business-Automotive (B-AO), Light-Industrial (L-I), Heavy-Industrial (H-I), and Special-Industrial Districts (S-I).
1174.13   Technology Park District.
1174.14   Highway Overlay District.
1174.15   Large planned commercial development.
1174.16   COS District (Conservation Open Space).
   CROSS REFERENCES
   Power to regulate - see Ohio R.C. 715.27
   Power to regulate advertising - see Ohio R.C. 715.65
   Billposters - see BUS. REG. Ch. 705
   Signs prohibiting peddlers, etc. - see BUS. REG. 737.12
   Vision clearance on corner lots - see P. & Z. 1137.09
   Off-premises outdoor advertising signs - see P. & Z. Ch. 1173
1174.01 PURPOSE.
   It is the purpose of these sign regulations to permit the use of signs as a means of communication in the City; to maintain and enhance the City's natural and manmade environment; to encourage an attractive and healthy economic environment; to promote the public health, safety and general welfare; and to minimize the possible adverse effects of signs on nearby public and private property.
   The purpose as stated above recognizes the following findings concerning signs:
   A.   That excessive numbers of signs in a single location create dangerous traffic conditions, intrude on motorist and pedestrian enjoyment of the natural and man-made beauty of the City, and as such are detrimental to the public health, safety and general welfare of the City.
   B.   That business enterprises and other institutions located along public and private streets have a need to identify themselves and their activities to motorists and pedestrians by means of signs.
   C.   Furthermore, the City has determined that, without adequate regulation and design standards, signs are a nuisance. The number of signs in Elyria is excessive and is unduly distracting to motorists and pedestrians, creates a traffic hazard, and in some places reduces the effectiveness of signs.
(Ord. 98-176. Passed 8-3-98.)
1174.02 DEFINITIONS.
   Where terms are not defined in this chapter and are defined in other chapters of this Code, they shall have the same meanings ascribed to them as in those chapters. Undefined terms shall have ascribed to them their meanings as found in the latest edition of Merriam Webster's Third New International Dictionary of the English Language or such as the context herein may imply.
   1.   Abandoned sign means a sign which no longer identifies or advertises a going concern, lessor, service, owner, product or activity, and/or for which no legal owner can be found.
   2.   Administrator means the Building Inspector, or his or her designated representative.
   3.   Aerial sign means any balloon or other airborne flotation device which is tethered to the ground or to a building or other structure which directs attention on a temporary basis to a business, commodity, service, or entertainment conducted, sold or offered.
   4.   Animated sign means any sign which uses movement or change of lighting to depict action or to create a special effect or scene, including flashing and video, but excluding methods of transition and frame effects as defined within. (Compare "Flashing sign.")
   5.   Area, sign shall be computed as including the entire area within a regular, geometric form or combination of regular, geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed.
      a.   The area of signs composed of individual letters, numerals or other devices shall be the sum of the areas of the smallest rectangles or other geometric figures encompassing the message. Frames and borders not being advertising matter shall not be included in the computation of surface area. In the case of irregularly shaped three dimensional signs, the area of the display surface shall be measured on the plane of the largest vertical cross section.
      b.   Measurement of sign face area means that where a sign has two or more faces, the area of all the faces shall be included in determining the area of the sign.
   6.   Awning means a shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework. (Compare "Marquee.")
   7.   Awning sign means a sign painted or printed on, or attached flat against, the surface of an awning.
   8.   Banner sign means a temporary sign made of fabric or any non-rigid material with no enclosing framework.
   9.   Billboard. See "Off-premises sign."
   10.   Changeable copy sign (automatic) means a sign on which the copy changes automatically on a lampbank or through mechanical means, e.g. electrical or electronic time and temperature units (see "Electronic message display").
   11.   Changeable copy sign (manual) means a sign on which copy is changed manually in the field, e.g. reader boards with changeable letters.
   12.   City means the City of Elyria, unless the context clearly discloses a contrary intent.
   13.   Clearance, sign means the smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
   14.   Construction sign means a temporary sign identifying an architect, owner, funding source, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
   15.   Copy means the wording on a sign surface in either permanent or removable letter form.
   16.   Directional/information sign means an on-premises sign giving directions, instructions or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g. parking or exit and entrance signs.
   17.   Double-faced sign means a sign with two (2) faces.
   18.   Downtown Commons Area means all of the properties included on both sides of the streets regardless of their zoning classifications and whether or not the legal addresses face the street (i.e. corner lots) of the following:
      A.   Broad Street (Cedar Street to Chestnut Street);
      B.   Court Street;
      C.   Middle Avenue (Broad Street to Fifth Street);
      D.   Lake Avenue (Broad Street to the west branch of the Black River);
      E.   Washington Avenue (north to the Black River Bridge);
      F.   Depot Street (west of Cedar Street);
      G.   Merchant Alley;
      H.   Chapel Street;
      I.   East Avenue (Conrail railroad tracks south to Fifth Street);
      J.   Second Street (Chestnut Street to Cedar Street);
      K.   First Place;
      L.   Commerce Court;
      M.   Temple Court;
      N.   Third Street (between the east and west branches of the Black River);
      O.   Holly Lane;
      P.   Fourth Street (between the east and west branches of the Black River);
      Q.   Barres Lane;
      R.   Fifth Street;
      S.   Tremont Street;
      T.   Chestnut Street;
      U.   Elm Street;
      V.   North Street (east of Chestnut Street);
      W.   Cedar Street;
      X.   West Avenue (Lake Avenue to Fifth Street);
      Y.   Unnamed alley (between and parallel to Chestnut Street and West Avenue);
   19.   Electrical sign means a sign or sign structure in which electrical wiring, connections, or fixtures are used.
   20.   Electronic message display/Electronic message center means a sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.
   21.   Facade means the entire building front, including the parapet.
   22.   Face, sign means the area of a sign on which the copy is placed.
   23.   Festoons means a string of ribbons, tinsel, small flags or pinwheels.
   24.   Flashing means a method of attracting attention by utilizing sequential or intermittent display of light.
   25.   Freestanding sign means any sign supported on the ground by poles or braces and not attached to any building.
   26.   Frontage means the length of the property line of any one premises along a public right-of-way on which it borders.
   27.   Frontage, building means the length of an outside building wall on a public right-of-way.
   28.   Government sign means any temporary or permanent sign erected and maintained by the City, County, State or Federal Government for traffic direction or for the designation of or direction to any school, hospital, historical site or public service, property or facility.
   29.   Ground mounted sign means any freestanding sign, other than a pole mounted sign, independently supported by the ground or mounted on a decorative wall or fence.
   30.   Height of sign means the vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (Compare "Clearance.")
   31.   Identification sign means a sign, whose copy is limited to the name and address of a building, institution or person, and/or to the activity or occupation being identified.
   32.   Illegal sign means a sign which does not meet the requirements of this chapter and which has not received legal nonconforming status.
   33.   Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
   34.   Incidental sign means a small sign, emblem or decal informing the public of goods, facilities or services available on the premises, e.g. a credit card sign or a sign indicating hours of business.
   35.   Institutional sign means any sign designating a hospital, nursing home, child care facility, place of worship, educational institution or club.
   36.   Lot means a parcel of land legally defined on a subdivision map recorded with the Assessment Department or Land Registry Office, or a parcel of land defined by a legal record or a survey map.
   37.   Maintenance means the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.
   38.   Mansard means a slope roof or roof-like facade architecturally comparable to a building wall.
   39.   Marquee means a permanent roof-like structure of rigid materials supported by and extending from the facade of a building. (Compare "Awning.")
   40.   Marquee sign means any sign attached to or supported by a marquee structure.
   41.   Nameplate means a nonelectric, on-premises identification sign giving only the name, address and/or occupation of an occupant or group of occupants.
   42.   Nonconforming sign means a sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations; or a sign which does not conform to these regulations but for which a special permit has been issued.
   43.   Occupancy means the portion of a building or premises owned, leased, rented or otherwise occupied for a given use.
   44.   Off-premises sign means a permanent sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which said sign is located, e.g. billboards.
   45.   On-premises sign means a sign which pertains to the use of the premises on which it is located.
   46.   Owner means a person recorded as such on official records. For the purposes of this chapter, the owner of property on which a sign is located is presumed to be the owner of the sign, unless facts to the contrary are officially recorded or otherwise brought to the attention of the Administrator, e.g. a sign leased from a sign company.
   47.   Painted wall sign means any sign which is applied with paint or a similar substance on the face of a wall.
   48.   Parapet means the extension of a false front or wall above a roof line.
   49.   Person means an individual, corporation, association, firm, partnership or other defined interest.
   50.   Point of purchase display means the advertising of a retail item accompanying its display, e.g. an advertisement on a product dispenser.
   51.   Pole cover means a cover enclosing or decorating poles or other structural supports of a sign.
   52.   Portable sandwich board sign means a sign with two display surfaces that is not permanently anchored to the ground or a structure and has a hinged or A-frame construction that allows the sign to be displayed indoors or outdoors.
   53.   Portable sign means any sign designed to be moved easily and not permanently affixed to a structure, building or the ground.
   54.   Premises means a parcel of land, with its appurtenances and buildings, which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
   55.   Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designated to support the sign.
   56.   Real estate sign means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
   57.   Roofline means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.
   58.   Roofline sign means any sign erected over or on the roof of a building. (Compare "Mansard" and "Wall sign.")
   59.   Rotating sign means a sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.
   60.   Sign means any device, structure, fixture or placard using graphics, symbols and/or written copy designed specifically for the purpose of advertising or identifying any establishments, products, goods or services.
   61.   Sign permit means the official written approval for the creation, erection or construction of a sign issued by the City of Elyria.
   62.   Snipe sign means a temporary sign or poster affixed to a tree, utility pole, fence, etc.
(Ord. 98-176. Passed 8-3-98.)
   63.   Special event sign means a temporary sign for an event which occurs infrequently, no more than once per quarter.
(Ord. 99-56. Passed 4-5-99.)
   64.   Subdivision identification sign means any ground-mounted, freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
   65.   Temporary sign means any sign not constructed or intended for long-term use and which is not permanently mounted or placed in or on any premises.
   66.   Traffic control sign means any traffic control sign, as defined in the Manual of Uniform Traffic Control Devices, as published by the Ohio Department of Transportation, under authority of Ohio R.C. 4511.09.
   67.   Under-canopy sign means a sign which suspends beneath a canopy, ceiling, roof or marquee. (See "Marquee sign.")
   68.   Use means the purpose for which a building, lot, sign or structure is intended, designed, occupied or maintained.
   69.   Wall sign means a sign attached parallel to and extending not more than fifteen (15) inches from the wall of a building, including painted individual letter and cabinet signs, and signs on a mansard roof.
   70.   Window sign means a sign painted on, attached to or suspended directly behind or in front of a window or the glass portion of a door and which sign is intended to be viewed from the outside.
   71.   Yard sign means a temporary sign erected on a lawn, the ground or the driveway of any premises.
   72.   Dissolve means a mode of message transition on an electronic message display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.
   73.   Fade means a mode of message transition on an electronic message display accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to point of legibility.
   74.   Frame means a complete static display screen on an electronic message display.
   75.   Frame effect means a visual effect on an electronic message display applied to a single frame to attract the attention of viewers.
   76.   Scroll means a mode of message transition on an electronic message display where the message appears to move vertically across the display surface.
   77.   Transition means a visual effect used on an electronic message display to change from one message to another.
   78.   Travel means a visual effect used on an electronic message display where the message appears to move horizontally across the display surface.
(Ord. 98-176. Passed 8-3-98; Ord. 2009-168. Passed 8-3-09.)
1174.03 GENERAL PROVISIONS.
   The following regulations shall apply to the display of all signs in the City:
   A.   "Sign" shall include structural supports, poles, cabinets and all portions of the sign.
   B.   No sign shall be erected unless it is in compliance with the regulations of this chapter.
   C.   Signs must be constructed in compliance with any applicable regulations of the City's Building Code and any applicable State building and fire codes. Furthermore, no person may engage in the business of erecting, altering, relocating, or maintaining signs without a valid City of Elyria contractor's license and all required State and Federal licenses.
   D.   All signs shall be properly maintained. Exposed surfaces shall be clean and painted, if paint is required. Defective parts shall be replaced. The Building Inspector shall have the right to order the repair or removal of any sign which is defective, damaged or substantially deteriorated. The property owner, agent, or the person having the beneficial use of the premises shall be responsible for all costs for such repair or removal.
   E.   Any abandoned sign constitutes a public nuisance and such sign shall be taken down and removed by the owner, agent or person having the beneficial use of the premises upon which such sign is found. Such sign shall be removed within ten (10) days after written notice from the Building Inspector or the sign may be removed by the Building Inspector or his or her authorized representative and the costs shall be charged to the owner, agent or person having the beneficial use of the premises on which such sign is found.
   F.   Any sign, retractable canopy or awning which advertises a business no longer being conducted or a product no longer being sold on the premises to which the sign relates constitutes a public nuisance and such sign shall be taken down and removed by the owner, agent or person having the beneficial use of the premises upon which such sign is found. Such sign shall be removed within ten (10) days after written notice from the Building Inspector or the sign may be removed by the Building Inspector or his or her authorized representative and the costs shall be charged to the owner, agent or person having the beneficial use of the premises on which such sign is found.
   G.   No sign shall obstruct or interfere with traffic or traffic visibility, or resemble or imitate signs or signals erected by the City or other governmental agency for the regulation of traffic or parking.
   H.   Signs may be illuminated, except temporary signs, by either external or internal sources of light except where otherwise prohibited in this chapter. However, no illuminated sign shall be permitted, any part of which flashes on or off sequentially or displays changing degrees of intensity (this does not apply holiday, religious or automatic changeable copy signs or electronic message displays). This regulation applies to signs located outside buildings, and to window signs inside buildings which are meant to be seen from the outside.
   I.   No sign, whether freestanding, ground mounted or attached to a building or other structure, may project over any public street, sidewalk or other public right-of-way, except as expressly permitted in this chapter.
   J.   Any sign which is permanently mounted shall bear, in a permanent position, a clearly legible identification stating the name and address of the owner of the sign, and the person, firm or corporation responsible for its construction, and the date of erection.
   K.   No sign, with the exception of governmental signs, shall be placed, displayed or erected in the public right-of-way or on public property without written approval from the Safety-Service Director.
   L.   No snipe signs shall be placed, erected or displayed within the City.
   M.   No light source for illuminated signs shall be of such brightness as to constitute a hazard to pedestrian or vehicular traffic.
   N.   Unless otherwise specified by this chapter, any sign herein allowed may use manual or automatic changeable copy.
   O.   Clearance of overhead utilities shall be in conformance with the National Electrical Code and all local utility standards.
   P.   Window signs are permitted, provided that the window sign is located in a building where a commercial or industrial use is permitted as a principal use. No window sign shall advertise products or services not provided or for sale on the premises except non-profit and civic functions and political candidates.
   Q.   No sign shall be erected or placed on any property without the consent of the owner.
   R.   No sign shall be placed where it blocks or impedes sight lines for any person, pedestrian or operator of a vehicle on a public right-of-way, driveway or sidewalk.
   S.   No sign shall imitate or resemble official traffic or governmental signs or signals.
   T.   No sign shall be erected so as to have less than eight (8) feet of vertical clearance between such sign and the public sidewalk or public right-of-way.
   U.   Electronic message display/electronic message centers.
      1.   Operational limitations: Such displays shall be limited to static displays, messages that appear or disappear from the displays through dissolve, fade, travel or scroll modes, or similar transitions and frame effects that have text, animated graphics or images that appear to move or change in size, or be revealed sequentially rather than all at once.
      2.   Zoning district permitted: All zoning districts, except residential districts which will require a Conditional Use Permit.
      3.   Standards.
         a.   Setbacks: A minimum of one hundred (100) feet shall be provided from the leading edge of the sign to a property zoned residential. A minimum of ten (10) feet from the leading edge of the sign to any right-of-way. The sign must comply with all other setbacks for the zoning district in which the sign is located.
         b.   Setback from other electronic message signs: Electronic message signs must be separated from other electronic message signs by at least thirty-five (35) feet.
         c.   Minimum time display.
            1.   Five (5) seconds minimum (non-residentially zoned property).
            2.   Thirty (30) seconds minimum (residentially zoned property).
         d.   Color: No white, ivory or yellow backgrounds.
         e.   Brightness: Shall not impose a hazard to pedestrian or vehicular traffic nor a nuisance to surrounding residential properties.
         f.   Flashing, animation and video are prohibited.
(Ord. 2002-127. Passed 7-1-02; Ord. 2009-168. Passed 8-3-09.)
1174.04 NONCONFORMING SIGNS.
   Notwithstanding any provisions of this chapter to the contrary, all signs erected following the effective date of these regulations shall comply with all the provisions of these regulations. All signs which are in existence on the effective date of these regulations and which do not conform with the standards of this chapter shall be considered nonconforming uses and shall be subject to the following provisions:
   A.   No nonconforming sign shall be structurally altered so as to change the shape, size, type or design of the sign, nor shall any nonconforming sign be relocated.
   B.   All signs designed to be attached to, supported by or part of a structure which is designed to be moved on wheels, skids or other similar devices, or transported, pushed or pulled by a motor vehicle, shall be considered nonconforming signs and shall be removed within one (1) year from the date of adoption of this chapter.
(Ord. 98-176. Passed 8-3-98; Ord. 2004-136. Passed 9-20-04.)
1174.05 PERMITS AND FEES REQUIRED.
   A permit and payment of all fees shall be required to place, erect or display an on-premises sign in the City unless otherwise provided by this chapter. All permits shall be issued by the Building Inspector subject to the following conditions:
   A.   Each applicant for such a permit shall file with the Building Inspector an application on forms to be supplied and a sketch, drawing, diagram or such other descriptive matter as shall show the type, kind and location of the sign and the manner in which the same shall be erected.
   B.   Payment of appropriate fees to the City of Elyria pursuant to Chapter 109 of these Codified Ordinances.
   C.   No person shall place, erect or display any sign unless all provisions of this Code have been met.
   D.   A sign for which a permit has been issued shall not be modified, relocated, altered or replaced unless an amended or a new permit is obtained from the Building Inspector.
(Ord. 98-176. Passed 8-3-98.)
1174.051 DENIALS OF PERMITS; APPEALS.
   A.   It shall be the duty of the Building Inspector to refuse a permit for the erection of any sign if the application therefor and the accepted drawing or diagram shows that the sign, when erected, will not be in accordance with the provisions of this chapter or if the sign shall constitute a hazard to the safety of persons using the public street or other public place in the vicinity of the proposed sign.
   B.   A variance from the strict application of the provisions of this chapter may be granted by the Board of Zoning Appeals in regard to any sign if the Board finds that requiring strict compliance with the provisions of this chapter may impose undue hardship and that the granting of a variance from the provisions of this chapter will not depreciate or damage neighboring property, will not create a safety hazard and will not be contrary to the purposes of this chapter. The procedure for applying for a variance and the hearing therefor shall be the same as in cases involving zoning variances and shall be conducted pursuant to the provisions of Chapter 1126.
(Ord. 98-176. Passed 8-3-98.)
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