The purpose of these regulations is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs, and outdoor signs of all types. The intent is to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of designated areas.

(Ord. 2008-133. Passed 12-16-08.)

   (a)   Any illuminated sign or lighting device shall employ only light emitting a beam of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights such as search lights and beacons. In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beam and illumination from there to be directed or beamed upon a public thoroughfare, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

   (b) No sign shall employ any parts or elements which revolve, rotate, whirl, spin, and are blinking, flashing or fluttering or have a changing light intensity, brightness or color, or otherwise make use of motion to attract attention. When property adjoins a residential property, exposed bulbs and neon shall not be used on the exterior surface of any sign or canopy on the sides of the building viewed from residential properties. Awnings shall not have back-lighting; canopy signs shall not be illuminated; beacon lights shall not be used; and no internal sign illumination shall be allowed on the sides of the building viewed from residential properties. Subsections (a) and (b) of this section shall not apply to any sign performing a public service function indicating time, temperature or public service announcements.

   (c) All wirings, fittings and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of all applicable electrical codes and building codes. All power to illuminated signs must be underground from the power source wherever possible.

   (d)   No projecting sign shall be erected or maintained from the front or face of a building for a distance of more than two (2) feet, including those projecting from the face of any theater, hotel or motel marquee. The projecting sign must be at least eight (8) feet above ground level.

   (e)   No sign shall be placed above the roof line of any building, or beyond the ends of the wall surfaces upon which it is situated.

   (f)   No sign or part thereof shall contain or consist of posters, pennants, flags (except as defined in Section 1149.01(20) - “Flag”), ribbons, streamers, spinners, whirligigs, and balloons of all types or other similar moving devices. Such devices, as well as strings of lights, shall not be used for the purpose of advertising.

   (g) No sign of any classification shall be installed, erected or attached in any form, shape or manner to a fire escape or any door or window giving access to any fire escape.

   (h) No sign shall be placed in any public right-of-way, except publicly owned signs, such as traffic control signs and directional signs.

   (i) All signs shall be placed on a lot in such a way so as to not obstruct the line of sight of the operator of a motor vehicle either from the right or left with respect to an adjacent private or public road, or create a hazard to pedestrian traffic.

   (j) No sign shall be placed upon any utility pole, street sign, traffic control device, or tree located within the public right-of-way or a general landscape easement, other than as established for gateway signs.

    (k)   The surface area of a sign shall be computed as including the entire area within a regular, geometric form or combinations of regular, geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and nonstructural members not part of the display area shall not be included in the computation of surface area.

   (l)   All signs shall be limited to not more than two (2) faces. All area limitations shall apply per face unless otherwise set forth in this Code.

   (m)   No portable or temporary sign shall be placed on the front or face of a building or on any premises except as provided for in Section 1133.06 of this Zoning Ordinance.

   (n)   All signs shall be located on the same lot or parcel of land as the business or use to which such sign pertains, unless as otherwise specifically provided for in this section. However, entrance and exit signs may be located off-site provided said signs are located on drives providing direct access to the lot and parking area of the business to which they pertain.

   (o)   No vehicle, or trailer, self-propelled or otherwise, shall be parked or used upon any premises so as to be visible from a public right-of-way not used in the ordinary course of business, but for the principal purpose of being or displaying a sign to advertise an enterprise, business or activity. Identification signs which are affixed to a vehicle regularly operated pursuant to the day-to-day business or activity of an enterprise may be permitted.

   (p)   Controlled access highways shall not be considered frontage for the purpose of locating signs.

   (q)   For the purpose of this Zoning Ordinance, "sign" does not include those erected and maintained pursuant to and in discharge of any governmental function, activity or event, or required by any law, ordinance or governmental regulation.

(Ord. 2008-133. Passed 12-16-08.)

   All parking lots may have entrance and exit signs, but all parking lots for one hundred twenty (120) cars or over with access roads of over twenty (20) feet in width shall have appropriate signs designating "entrance" or "in" and "exit" or "out" drives. Such signs shall be limited to the words "entrance, in, exit, out" and may also have arrows or other appropriate directional indicators and shall be limited to not less than two (2) nor more than five (5) square feet in area per face. Said signs shall be limited to eight (8) feet in height above grade and no sign shall occur between three (3) and six (6) feet above grade to maintain a clear and unobstructed vehicular and pedestrian view. Such signs shall be placed not closer than two (2) nor more than ten (10) feet from the edge of the road right-of-way sideline or access roadway without regard to sideline requirements.

(Ord. 2008-133. Passed 12-16-08.)

   One (1) sign not exceeding twenty-five (25) square feet in area and located a minimum of ten (10) feet from a road right-of-way sideline or any adjoining lot line identifying only the use or activity thereof, which would be of interest to the general public.

(Ord. 2008-133. Passed 12-16-08.)

   A political sign shall be any sign advocating any type of political action or concerning any candidate, issue, levy or any other matter to be voted upon in the next primary, general or special election. A political statement sign shall be any sign advocating a position or making a declaration regarding any public issue or public official.

   Political signs and political statement signs may be erected on any lot with the permission of the owner or person authorized to give such consent, and shall not be considered temporary signs for purposes of this section.

(Ord. 2008-133. Passed 12-16-08.)

   Upon application to the Zoning Inspector and approval by the Village Council, a Zoning Permit may be issued for a single sign at the entrance to the Village of Fairport Harbor along any state highway or county road, to carry the identification, date and place of meeting, if desired, of all civic organizations regularly meeting within the Village who request placement thereon. The placing and erection of the sign shall be subject to the approval of the Zoning Inspector.

(Ord. 2008-133. Passed 12-16-08.)

   The erection, hanging, maintenance, use or suspension of any outdoor sign by any person, firm, corporation, agent(s) or employees thereof shall be unlawful except as provided in this Zoning Ordinance.

(Ord. 2008-133. Passed 12-16-08.)

   Exclusive of political signs and unless specifically exempted elsewhere in this Code, each person, firm, corporation, agent(s) or employees thereof before erecting any outdoor sign or the commencement of any work in connection therewith, shall first obtain a Zoning Permit from the Zoning Inspector. Each applicant for such permit shall file an application on forms to be supplied by such Zoning Inspector. Such application shall be accompanied by detailed drawings and such other descriptive matter as shall clearly state where the sign shall be erected, hung or suspended.

(Ord. 2008-133. Passed 12-16-09.)

   For each original permit for the erection or construction of a new sign, the applicant shall pay to the Zoning Inspector a fee in accordance with a fee schedule adopted and made a part of this Code by the Village Council.

(Ord. 2008-133. Passed 12-16-08.)

   (a) A non-conforming sign is defined as a sign existing prior to the passage of this Zoning Ordinance which does not conform to one (1) or more of the requirements of said Ordinance. Normal maintenance by way of painting, cleaning and minor repairs is required for the life of the non-conforming sign.

   (b) Any sign which is non-conforming shall be maintained and repaired but not expanded. If any such sign is discontinued or changed, any future use thereof must be in conformity with the provisions of this Code. No fee will be charged for a non-conforming sign.

(Ord. 2008-133. Passed 12-16-08.)

   Each sign erected, hung or suspended pursuant to a permit issued by the Zoning Inspector shall be inspected by such Inspector to determine whether said sign is constructed, erected, hung or suspended in accordance with the application and permit and the provisions thereof.

(Ord. 2008-133. Passed 12-16-08.)

    All signs shall be maintained in accordance with the following:

      (Ord. 2008-133. Passed 12-16-08.)

   If the Zoning Inspector finds any sign to be in an unsafe or dangerous condition so as to constitute a hazard to the safety of persons or property, the Zoning Inspector shall notify the Lake County Building Inspector of such unsafe and dangerous condition. If said Zoning Inspector finds that said sign is not erected and maintained in accordance with the provisions of the application for permit under which the same was erected, the Inspector shall order said sign removed. A written notice of the findings and order of the Zoning Inspector shall be furnished to the owner or agent(s) in charge of said sign thereof. If the order of the Zoning Inspector for the removal of any sign is not complied with by the owner, occupant or their agent(s) within fifteen (15) days, the Zoning Inspector is hereby authorized to cause said sign to be removed and any expenses incurred therefor shall be charged to the owner of said sign. The authority of the Zoning Inspector with respect to the inspection of signs shall apply to all signs whether the same were erected after the enactment of this section or prior thereto.

(Ord. 2008-133. Passed 12-16-08.)

   For the purpose of the Zoning Ordinance, "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function, or required by any law, ordinance, or governmental regulation.

(Ord. 2008-133. Passed 12-16-08.)

    Any person, firm, corporation, their agent(s) or employee(s) thereof violating any of the provisions of Chapter 1133 or who fail or refuse to obey a lawful order of the Zoning Inspector issued pursuant to said Chapter 1133 shall be guilty of a minor misdemeanor and shall be subject to a fine up to one hundred fifty dollars ($150.00) for each offense. A separate offense shall be deemed to have been committed each day during which a violation continues.

(Ord. 2008-133. Passed 12-16-08.)