Bellevue City Zoning Code
CHAPTER 1223
Signs
1223.01 INTENT AND PURPOSE.
This Chapter establishes regulations for the erection, maintenance and use of signs and other exterior advertising media within the City to:
(a) Safeguard and enhance property values;
(b) Protect public and private investment in buildings and open spaces;
(c) Improve the appearance of the City as a place in which to live and work and as an attraction to nonresidents who come to visit or trade;
(d) Encourage sound signing practices as an aid to business, and to provide information to the traveling public;
(e) Prevent excessive and confusing sign displays;
(f) Reduce hazards to motorists and pedestrians; and
(g) Promote public health, safety and general welfare.
(Ord. 1-15. Passed 2-23-15.)
1223.02 ZONING PERMIT REQUIRED; EXEMPTIONS.
No sign, whether by change of name of business or change of owner, shall be erected, moved or altered without first obtaining approval either with an individual Sign Permit or as part of another application within which the sign is only one portion of the project. See below for exemptions.
(a) The City has the authority to remove any Sign, Advertising Sign or Temporary Sign improperly located after the adoption of these regulations. Future signs, Advertising Signs or Temporary Signs erected outside the provisions of this Chapter may be removed by the City. The cost of removal and storage of such signs will be assessed back to the property owner or the business or individual who receives the advertising benefit of the sign.
(b) The following shall be exempt from obtaining a Zoning Permit:
(1) Any sign erected and maintained for any governmental function or regulation or for public utility.
(2) Non-illuminated nameplates, including historical name or number plates, and residential nameplates, not greater than two (2) square feet, mounted on a residence or commercial building.
(3) Signs, such as "Enter" or "Exit", warning or directing the viewer of action to be taken on private property, if not located in a public right-of-way, and less than nine (9) square feet. All other "Enter" or "Exit" signs shall require a Zoning Permit.
(4) Temporary, non-illuminated signs, not exceeding twelve (12) square feet and not located in a public right-of-way, used to advertise the sale, rental or lease of the property on which they are located; and similar signs used to advertise events sponsored by churches or other non-profit organizations such as dinners, charity benefits, etc.
(5) One (1) sign for each painter, roofer, or other contractor during the period when the contractor is performing the work and on the lot which the work is being conducted. Such sign shall not exceed twelve (12) square feet in a Residential District and no more than thirty-five (35) square feet in all other Districts. They shall be removed within five (5) days after the work has been completed and not be located in a public right-of-way.
(6) Professional Name Plates not exceeding six (6) square feet and mounted on the building.
(7) Temporary Signs associated with garage sales that do not exceed six (6) square feet, are removed after the sale is completed and are not located in the street right-of-way.
(8) Signs associated with a campaign, election or other civic affairs that do not exceed sixteen (16) square feet and are removed within five (5) days after the event and are not located within the public right-of-way.
(9) Non-illuminated signs associated with home occupations, provided they do not exceed six (6) square feet, and are affixed to the structure.
(10) Non-illuminated signs identifying the name and address of a multiple-family dwelling, located in an R-3 Multiple Family District, and provided that such sign does not exceed twenty-four (24) square feet, is located outside of the street right-of-way and, if located on a corner lot, meets corner clearance requirements.
(11) Updating an existing sign, where all of the following apply:
A. The name of the business has not changed;
B. The owner of the business has not changed; and
C. The exterior dimensions of the existing sign remain the same or smaller.
(12) Signs which are part of the construction of a vending machine, fuel pump or similar device. Does not include signs on top of such devices.
(13) Days and hours of operation alone, do not constitute a Business Sign.
(14) Window Signs, whether business or advertising, are exempt from obtaining a Zoning Permit; however, All Window Signs located in the B-1 District must be approved by the Downtown Architectural Standards Board prior to being placed in the window. Banners, and the like, are not considered Window Signs and are not permitted. Window Signs shall be repaired as necessary to maintain an attractive appearance. Unacceptable sign conditions include, but are not limited to: broken, faded or missing letters; broken, faded, or missing sign faces or any other portion of the sign; chipped or peeling paint; missing or inoperative lights; and exposed mechanical or electrical components. Failure to respond to a written request from the City to perform maintenance work shall be in violation of the City's Exterior Property Maintenance Code and shall result in the removal of the sign.
(Ord. 1-15. Passed 2-23-15.)
1223.03 SIGNS PROHIBITED.
(a) The following signs are forbidden in any District:
(1) Signs and/or Advertising Signs that incorporate flashing or moving lights, except message center signs and time/temperature signs and small, stock "open" signs that do not exceed two (2) square feet in size, and are lit only when the business is open;
(2) Signs and/or Advertising Signs attached to any utility pole, tree, hedge, railing or fence, except as outlined below in Section 1223.03 (a)(13);
(3) Signs and/or Advertising Signs that are unsafe or constitute a traffic hazard, as determined by the Zoning Administrator;
(4) Projecting Signs that extend to or into the public right-of-way, except as permitted within the B-1 Central Business District. A Revocable Use Permit must be signed by owner;
(5) Temporary or Portable Signs and/or Temporary or Portable Advertising Signs that are provided with electrical power;
(6) Portable signs that are to be used as free-standing or attached business signs are prohibited;
(7) Portable advertising signs that exceed twelve (12) square feet;
(8) Portable signs and/or Advertising Signs located in the right-of-way except in Central Business District with Zero Building Setback as set forth herein;
(9) Abandoned Signs and/or Abandoned Advertising Signs;
(10) Signs that exceed thirty-five feet (35') height.
(11) Roof Signs, Business or Advertising;
(12) Except as provided herein, Signs and/or Advertising Signs located in a public right-of-way;
(13) A pennant, banner, streamer or similar type device, unless they are announcing temporary charitable or community functions, in which case, must be approved by the Zoning Administrator or Designee as to content and location. Design, content, and size must be submitted for approval prior to date device is to be displayed. Banners or devices are to be removed within twenty-four (24) hours after event;
(14) Search lights and beacons; and
(15) All signs and/or Advertising Signs of an unprofessional or inappropriate nature as determined by the Zoning Administrator or Designee. This designation of unprofessional or inappropriate, as determined by the Zoning Administrator or Designee, may be appealed by the business owner to the Board of Zoning Appeals, and further continued to the City Council for overruling of designation. Any sign designated as unprofessional or inappropriate shall not be allowed in any District.
(Ord. 1-15. Passed 2-23-15.)
1223.04 MEASURE OF SIGN AREA.
(a) The surface area of a Business Sign shall be computed as including the entire display area and all of the elements of the matter displayed, including frames.
(1) For a Business Sign that is framed, outlined, painted, or otherwise prepared and/or intended to provide a background for a sign display, the area of sign shall be the area of one (1) rectangular shape that encompasses the entire background or frame.
(2) For a Business Sign comprised of individual letters, figures or elements on a wall or similar surface of a building or structure, or an irregular-shaped, Free-standing Business Sign, the area of the sign shall be the area of one (1) rectangular shape that encompasses the entire perimeter of all of the elements in the display.
(3) Monument-style Signs shall be the same as above, but not to include the base, supports, foundation, etc., unless they have signage on them.
(b) For Free-standing Signs and Projecting Signs:
(1) The sign area shall be computed by the measurement of one (1) of the faces when two (2) identical display faces are joined, are parallel, or within thirty degrees (30º) of being parallel to each other and are at no point separated by a distance that exceeds two feet (2') apart.
(2) In computing the area of a sign comprised of multiple faces, the surface area of the sign is equal to one-half (½) of the total surface area. Gas station car canopies, and the like, shall compute one-half (½) of the total surface area of each side that has any signage on it.
(c) The surface area of an Advertisement Sign shall be computed the same as a Business Sign.
(Ord. 1-15. Passed 2-23-15.)
1223.05 SETBACK REQUIREMENTS.
(a) Except as otherwise provided herein, signs shall be set back from the established right-of-way line of any street or highway at least two feet (2'). The distance shall be measured from the point of the sign closest to the right-of-way and in no way shall overhang at any part the public right- of-way or the public sidewalk.
(b) The following requirements shall apply to any signs within one hundred feet (100') of a residential zoning lot:
(1) Any such sign shall not exceed thirty-five feet (35').
(2) Any such sign shall not be illuminated in any fashion.
(c) By a variance request, signs in the B-2 General Business District, that are thirty-five feet (35') in height or less, may be permitted in the right-of-way, if the support structure is located no closer than ten feet (10') from the street pavement. A Revocable Use Permit must be signed.
(d) Monument-style Signs are not to be located in the right-of-way and at a minimum of two feet (2') from the right-of-way or six feet (6') from the back edge of the sidewalk (edge closest to the property), whichever is greater.
(1) Does not exceed thirty-five (35) square feet.
(2) See Definitions for these signs.
(e) Businesses in the B-1 District with Zero Building Setback from the right-of-way are permitted the following:
(1) Those signs specifically permitted in Section 1223.11(b);
(2) Portable Advertising Signs are permitted in the Right-of-Way provided that:
A. The size does not exceed twelve feet (12');
B. Are removed daily;
C. Does not block pedestrian traffic; and
D. Does not create a safety hazard as determined by the Safety-Service Director or Designee.
(Ord. 1-15. Passed 2-23-15.)
1223.06 TEMPORARY SIGNS.
Except as addressed in Section 1223.03, Temporary Signs, not exceeding fifty feet (50') in surface area, may be erected for a period of forty- five (45) days. Any person or firm erecting a Temporary Sign under this Section shall notify, in writing, the Zoning Administrator so that the forty-five (45) day period can be established. A Temporary Sign is allowed three (3) times a year for each establishment.
(Ord. 1-15. Passed 2-23-15.)
1223.07 MAINTENANCE.
All signs shall be properly maintained. Exposed surfaces shall be clean and painted, if paint is required. Defective parts shall be replaced. Any sign, no longer in use or outdated, shall be removed. If, within thirty (30) days after notification by the Zoning Administrator, an Abandoned Sign is not removed, the City has the right to remove such sign and assess the cost to the business, person, agent or owner having the beneficial use of the building, structure, lot, or sign. Non-conforming signs that are located in the right-of-way or do not advertise an existing business, event, or product, shall be removed immediately.
(Ord. 1-15. Passed 2-23-15.)
1223.08 OFF-PREMISES SIGNS.
For the purpose of this Zoning Ordinance, outdoor Advertising Off-premises Signs are classified as a business use and are permitted only in the I-1 or I-2 Districts and shall conform to the lot and building requirements for such Districts. One (1) Off-premises Sign may be erected, where permitted, as long as said sign is no closer than three hundred feet (300') from another Off-premises Sign. The maximum number of Off-premises Signs, per lot, is one (1). The maximum square footage of an Off-premises Sign is three hundred (300) square feet.
(Ord. 1-15. Passed 2-23-15.)
1223.09 DESIGN; WIND PRESSURE; OBSTRUCTING SIGNS PROHIBITED.
The following general regulations shall apply in all Zoning Districts:
(a) No sign, Business or Advertising, shall be constructed unless it adheres to the Ohio Building Code.
(b) No sign shall be attached to or obstruct any window, door, stairway or opening intended and/or needed for ingress, egress, or ventilation.
(Ord. 1-15. Passed 2-23-15.)
1223.10 SIGNS PERMITTED IN ANY DISTRICT REQUIRING A ZONING PERMIT.
(a) Signs or Bulletin Boards customarily incidental to places of worship, libraries, museums, social clubs, or societies shall not exceed fifteen (15) square feet and shall be located on the premises of the institution.
(b) Real Estate Signs for subdivisions containing two (2) or more lots or for commercial and industrial properties shall not exceed one hundred (100) square feet, and shall be removed when all properties are sold or vacancies filled.
(Ord. 1-15. Passed 2-23-15.)
1223.11 SIGNS PERMITTED IN R-H, B-1, B-2, I-1 AND I-2 DISTRICTS.
(a) Free-standing Signs.
(1) Every business, located in the B-2, I-1 and I-2 Districts, may have one (1) Free-standing Sign, per street frontage, provided the sign is on the same property as the main building and provided the total area does not exceed one hundred (100) square feet.
(2) The lowermost point of the sign must be at least ten feet (10') above grade and not exceed twenty-five feet (25') in height.
(3) Businesses in R-H District may have one (1) Free-standing Sign, provided it is a Monument-style Sign, on the same property as the main building and does not exceed thirty-five (35) square feet.
(4) Gas stations, service stations and the like, that have a canopy located on their property which is actively part of the operation of their business, are allowed signage on that canopy [one (1) per side] in addition to the Free-standing Sign. An additional permit is required.
(5) Every business in the B-1, B-2, I-1 and I-2 Districts that is located on a corner lot may be permitted two (2) Free-standing Signs, as long as each sign faces a different street.
(6) Shopping centers, strip malls, or shopping or office complexes, having at least two (2) separate establishments and less than fifty thousand (50,000) square feet of total area, are allowed one (1) Free-standing Sign of one hundred seventy-five (175) square feet, per face, no more than twenty-five feet (25') above grade level and displaying name and address of the shopping or office complex and the names of tenants. The lowermost point of the sign must be at least ten feet (10') above grade.
(7) Shopping centers, strip malls, or shopping or office complexes in excess of fifty thousand (50,000) square feet, but less than one hundred fifty thousand (150,000) square feet of total floor space, may have one (1) Free-standing Sign of not more than two hundred fifty (250) square feet, per face, no more than twenty-five feet (25') above grade level and displaying the name and address of the shopping or office complex, the names of tenants, and periodically changing information relative to events within the shopping or office complex. The lowermost point of the sign must be at least ten feet (10') above grade.
(8) Shopping centers, strip malls or shopping or office complexes with over one hundred fifty thousand (150,000) square feet of total floor space may have two (2) Free-standing Signs of not more than two hundred fifty (250) square feet, per face, each and no more than twenty-five feet (25') above grade level with the same information as above. The lowermost point of the sign must be at least ten feet (10') above grade.
(9) Free-standing Multi-Tenant Signs, where the sign remains and only the tenant face will change, are required to obtain a permit for the area of the tenant's Business Sign only.
(b) Attached Signs.
(1) Every business in the B-1, B-2, R-H, I-1 and I-2 Districts may have one (1) sign affixed to the main building at every entrance and one (1) Projecting Sign at each entrance; however, only one (1) entrance per face of building per business. The Attached Sign and the Projecting Sign square footage will be added together and shall not exceed the allowable square footage for that District. Each sign shall be required to obtain a separate Sign Permit and square footage shall be computed by totaling the square footage of sign(s) per entrance. Signs in the B-1, B-2, I-I, and I-2 District shall not exceed maximum square feet of less than one (1) square foot per linear foot of Business Building, not to exceed one hundred (100) square feet per entrance. In the R-H District, the sign shall not exceed thirty-five (35) square feet.
A. Projecting Signs in a B-1 Central Business District with zero building setback from the right-of-way may overhang the street right-of-way line not exceeding fifty percent (50%) of the distance between the street right-of-way and the street curb. A Zoning Permit for same shall be revocable pursuant to state and federal law.
B. Projecting Signs shall not exceed twelve (12) square feet.
C. The lowermost point of the projecting sign shall be a minimum of ten feet (10') above the grade.
D. B-1 Downtown Business Area. Business name is permitted on a canopy or awning in addition to signs permitted above.
E. Note: Height requirement for canopy or awning name sign (as shown on graph) shall not apply to canopies "grandfathered in" under this Code.
(2) Every business in the B-1, B-2, I-I and I-2 District that is located on a corner lot is permitted two (2) signs affixed to the main building, as long as each sign faces a different street.
(3) Shopping centers, strip malls, or shopping or office complexes may have one (1) attached sign above each entrance of similar design. Each individual business will be required to obtain a permit for their business sign.
(4) Additional attached signage may be permissible by variance request.
(Ord. 1-15. Passed 2-23-15.)
1223.12 SIGNS (BUSINESS OR ADVERTISING) PERMITTED IN B-1 CENTRAL DOWNTOWN BUSINESS DISTRICT WITH ZERO BUILDING SETBACK FROM THE RIGHT-OF-WAY.
(a) Projecting signs in a B-1 District may overhang the street right-of-way line not exceeding fifty percent (50%) of the distance between the street right-of-way and the street curb. A revocable use permit must be signed.
(b) Portable advertising signs are permitted in the right-of-way provided they:
(1) Are removed daily;
(2) Do not exceed twelve (12) square feet;
(3) Do not block pedestrian traffic or become a safety hazard; and
(4) Are reviewed and approved by the Downtown Architectural Standards Board prior to use.
(c) Business signs are required to obtain a permit, unless it is a window sign. Window signs, whether business or advertising, are exempt from obtaining a zoning permit; however, all window signs located in the B-1 District must be approved by the Downtown Architectural Standards Board prior to being placed in the window. Banners and the like are not considered window signs and are not permitted. Window signs shall be repaired as necessary to maintain an attractive appearance. Unacceptable signs and/or sign conditions include, but are not limited to: Inappropriate material or language; broken, faded or missing letters; broken, faded or missing sign faces or any other portion of the sign; chipped or peeling paint; missing or inoperative lights; and exposed mechanical or electrical components. Failure to respond to a written request from the City to perform maintenance work shall be in violation of the City's Exterior Property Maintenance Code and shall result in the removal of the sign.
(e) Free-standing signs are prohibited.
(f) Historic signs advertising downtown businesses, whether or not currently in existence, may be repealed and/or restored in its original location and original format and, if possible, original colors.
(Ord. 1-15. Passed 2-23-15.)
1223.13 SIGNS PERMITTED IN RESIDENTIAL DISTRICTS.
Signs permitted in a Residential District include:
(a) Those signs specifically permitted in Section 1223.02(b);
(b) Permitted nonresidential uses and legal nonconforming uses, including home occupations, may display non-illuminated signs pertaining to the use of the property, having an aggregate total face area of not more than six (6) square feet, which shall be attached to the building;
(c) Manufactured-home parks may display one (1) sign, not exceeding twenty-five (25) square feet in area, located on the premises;
(d) All Bed and Breakfast Homesteads are permitted one (1), unlighted three (3) square foot sign attached to, and parallel to, the front wall of the building. Said sign is designed to identify rather than advertise; and
(e) Bed and Breakfast Inns are permitted signage in accordance with the sign requirements for that District.
(Ord. 1-15. Passed 2-23-15.)
1223.14 ADVERTISEMENT SIGNS.
(a) Advertisement Signs must be located inside of the building or immediately next to the building front. (They can be located in windows, as long as they do not become a safety hazard as determined by the Zoning Administrator or Public Safety Official.) Signs are not permitted to be attached to any utility pole, tree, hedge, or fence. Portable Signs, not to exceed twelve (12) square feet, may be used, but must be of a professional and appropriate nature and must be located immediately next to the building front as determined by the Zoning Administrator. No Zoning Permit is required.
(b) Advertisement Signs are encouraged to be part of the permanent Free-standing Sign or Attached Building Sign by design, whether manual or electronic. A Zoning Permit is required, if included or added to permanent Free-standing or Attached Building Business Sign.
(c) Advertisement Signs must be of a professional and appropriate nature and incidental to the business where they are located as determined by the Zoning Administrator or Designee.
(Ord. 1-15. Passed 2-23-15.)
1223.15 SAFETY/ADMINISTRATIVE REVIEW OF SIGNS.
The above regulations must be followed; however, if an instance happens where the above regulations, if followed, still allow a safety hazard to occur, as determined by the Zoning Administrator or Designee, the Zoning Administrator can require additional requirements, such as, additional setback or review by and stamped by a professional engineer or other professional deemed qualified to determine the safety of such sign. It is solely the responsibility of the business owner to satisfy to the City of Bellevue the safety of such sign.
(Ord. 1-15. Passed 2-23-15.)
1223.16 APPEALS/FEE.
Any decision of the Zoning Administrator made in the enforcement of this Zoning Ordinance may be appealed to the Board of Zoning Appeals by any person adversely affected by such decision. See Section 1229.03 for the appeals process.
(Ord. 1-15. Passed 2-23-15.)