This chapter establishes the regulations for the continuing use of outdoor advertising in order to encourage an attractive environment for businesses, inform and direct the general public, protect and enhance the physical appearance of the community, ensure public safety along streets and highways, and provide businesses with a format for advertising the goods and services made available by the business community.

   Outdoor advertising should be regulated to provide for safe structures, to be properly located so as to meet uniform standards for construction and maintenance, and to be maintained to conform to a neat and pleasant community appearance. Furthermore, the City has determined that, without adequate regulation and design standards, signs are a nuisance. The number of signs in the City is excessive and is unduly distracting to motorists and pedestrians, creates a traffic hazard, and in some places reduces the effectiveness of signs.

   The following regulations shall be known as the outdoor advertising ordinance of the City of Elyria.

(Ord. 98-176. Passed 8-3-98.)

   Where terms are not defined in this chapter and are defined in other chapters of this Zoning 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.

   A.   Back-to-Back Sign means an off-premises sign consisting of two sign facings oriented in opposite directions with not more than two faces per sign facing.

   B.   Directional Sign means a sign erected for the convenience of the public, such as for directing traffic movement, parking, or identifying rest rooms, public telephones, walkways and other similar features or facilities, and bearing no advertising message.

   C.   Double Faced Sign means an off-premises sign with two adjacent faces oriented in the same direction and not more than 10 feet apart at the nearest point between the two faces.

   D.   Facing means that portion of an off-premises sign upon which advertising is affixed or painted and which is visible in only one direction at one time.

   E.   Freestanding Sign means an off-premises sign erected on a free-standing framework supported and affixed by one or more uprights or braces in or upon the ground.

   F.   Multiple Faced Sign means an off-premises sign comprised of sections which rotate to display a series of advertisements, each advertisement being displayed for at least six (6) seconds continuously without movement; the duration of movement of sections between advertisements not exceeding two (2) seconds. For determination of permit fees, the total area of each display shall be calculated (i.e., 3 displays at 300 square feet each totals 900 square feet of sign area).

   G.   Official Sign means a sign erected by a governmental agency or its designee, setting forth information pursuant to law.

   H.   Off-Premises Outdoor Advertising Sign (billboard) means a sign, including the supporting sign structure, which is visible from a street or highway and advertises goods or services not usually located on the premises and/or property upon which the sign is located. The following shall not be considered an off-premise sign for the purposes of this chapter:

      1.   Directional or official signs authorized by law

      2.   Temporary signs

      3.   On-premises signs

   I.   On-Premises Sign means a sign which advertises the primary goods or services sold or taking place upon the premises on which the sign is located.

   J.   Real Estate Sign means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease or sale.

   K.   Roof Mounted Sign means an off-premises sign attached to the roof of a building.

   L.   Sign Area means:

      1.   Measurement of sign area. The surface area of a sign shall be computed as including the entire area within a continuous perimeter enclosing the extreme limits of the sign display, including any frame or border. 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.

      2.   Sign face area. Where a sign has two or more faces, the area of all the faces shall be included in determining the area of the sign.

   M.   V Type Sign means an off-premises sign structure which consists of multiple sign facings placed at angles to each other, oriented in different directions and not exceeding 10 feet apart at the nearest point to each other.

   N.   Wall Sign means an off-premises sign attached to the wall of a building or structure.

(Ord. 98-176. Passed 8-3-98.)

   Off-premises signs shall be permitted in the following zones:

   A.   B-D Business-Downtown District, subject to the requirements of Section 1174.08.

   B.   B-G Business-General District.

   C.   B-AO Business-Automotive Oriented District.

   D.   L-I Light Industrial District.

   E.   H-I Heavy Industrial District.

   F.   S-I Special Industrial District.

(Ord. 98-176. Passed 8-3-98.)

   Any off-premises sign lawfully erected and in existence on the effective date of this Zoning Code which does not meet the requirements of this chapter may be maintained as a matter of right as a legal nonconforming sign and may be rebuilt or relocated on the same property, provided that the sign's degree of nonconformity is not increased.

(Ord. 98-176. Passed 8-3-98.)

   The following regulations shall apply to all off-premises signs in the City:

   A.   No off-premises sign shall be constructed which resembles any official marker erected by a governmental entity, or which by reason of position, shape, or color would conflict with the proper functioning of any official traffic control device.

   B.   Off-premises signs shall be constructed in accordance with local and State building and electrical codes.

   C.   Off-premises signs shall be regularly maintained in good and safe structural condition.

   D.   No off-premises sign shall be located on a property without the consent of the property's owner or legal representative.

   E.   The general area in the vicinity of any free-standing sign on undeveloped property shall be kept free and clear of sign materials, debris, trash and refuse.

   F.   Off-premises signs shall be constructed such that messages erected on said signs do not face residential districts.

(Ord. 98-176. Passed 8-3-98.)

   The size of off-premises signs shall be regulated as follows:

   A.   The maximum area for any one face of an off-premises sign shall not exceed that established by Table 1 excluding the base or apron, trim supports and other structural elements. Temporary embellishments shall not exceed 20% of the maximum sign area allowed.

 

 

   Clarification 1: In school zones, the posted or statutory speed limit applies.

   Clarification 2: If the speed limit is not posted, the statutory speed limit applies.

   B.   Signs may be back-to-back, double-faced, V-type and multiple-faced with not more than two faces to each facing and such structure shall be considered as one off-premises sign.

(Ord. 98-176. Passed 8-2-98.)

   An off-premises sign shall have a maximum height not to exceed fifty (50) feet above grade level of the roadway to the top of the sign face, as measured from the centerline of the roadway to which the sign is oriented.

(Ord. 98-176. Passed 8-3-98.)

   A.   No off-premises sign may be established within two thousand six hundred forty (2,640) feet of any other off-premises sign, measured along the radius beginning at the center of the proposed off-premise sign and extending to a point nearest to center of any other off-premise sign.

   B.   The spacing between signs does not apply to structures separated by buildings or other obstructions in such a manner that only one sign located within the spacing distances is visible from the street at any one time.

   C.   Spacing from directional and official signs, on-premises signs, or from any other sign which does not constitute an off-premises sign, shall not be counted nor shall measurements be made from such signs for the purpose of determining compliance with these spacing requirements.

   D.   The minimum distance between off-premises signs shall be measured along the nearest edge of the pavement between points directly opposite the center of the signs along each side of the highway and shall apply to structures located on the same side of the same street or highway.

   E.   The minimum distance between an off-premises sign and a residential district shall be one hundred (100) feet.

(Ord. 98-176. Passed 8-3-98; Ord. 2002-59. Passed 4-1-02.)

   Off-premises signs shall be set back as follows:

   A.   Front: A minimum setback of ten (10) feet is required from the front lot line for any off-premises sign, regardless of zone.

   B.   Side: A minimum setback of five (5) feet is required from the side lot line for any off-premises sign, regardless of zone.

   C.   Rear: A minimum setback of five (5) feet is required from the rear lot line for any off-premises sign, regardless of zone.

   Off-premises signs erected on the walls of buildings shall not project more than eighteen (18) inches from the wall to which they are attached.

(Ord. 98-176. Passed 8-3-98.)

   Off-premises signs may be illuminated subject to the following restrictions:

   A.   Signs which contain, include, or are illuminated by a flashing, intermittent, or moving light or lights are prohibited.

   B.   Electronic variable message signs giving public information such as, but not limited to, time, date, temperature, weather, or other similar information, and commercial electric variable-message signs which function in the same manner as multiple-faced signs, are permitted, provided such signs do not interfere with traffic safety and do not resemble or simulate traffic control or safety devices or signs.

   C.   Signs must be effectively shielded to prevent beams or rays from being directed toward any portion of the traveled ways, and must not be of such intensity or brilliance as to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with any driver's operation of a motor vehicle.

   D.   No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.

(Ord. 98-176. Passed 8-3-98.)

   Unless otherwise provided by this chapter, all signs shall require permits and the payment of fees as described in Chapter 109 of these Codified Ordinances. No permit is required for the maintenance of a sign or a change of copy on a changeable copy sign.

(Ord. 98-176. Passed 8-3-98.)

   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 sign owner shall be responsible for all costs for removal or repair.

(Ord. 98-176. Passed 8-3-98.)

   No person may engage in the business of erecting, altering, relocating, constructing or maintaining signs without a valid City of Elyria contractor's license and all required State and Federal licenses.

(Ord. 98-176. Passed 8-3-98.)