Oak Harbor City Zoning Code
SIGNS
§ 153.410 SIGNS GENERALLY.
The purpose of this subchapter is to promote and protect the public health, welfare, and safety by regulating existing and proposed signs of all types. It is intended to protect property values, create a more visually attractive economic and business climate, enhance and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign clutter, distraction, and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space, curb the deterioration of the natural environment, and enhance community development by permitting signs which are compatible with their surroundings.
(Ord. 8-96, § 701.01, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.411 GOVERNMENTAL SIGNS EXCLUDED.
For the purpose of this chapter, "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function, or required by law, ordinance, or governmental regulation.
(Ord. 8-96, § 701.02, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.412 GENERAL REQUIREMENTS FOR ALL SIGNS AND DISTRICTS.
(A) Generally. The regulations contained in this section shall apply to all signs and all use districts.
(B) Regulations.
(1) Any illuminated sign or lighting device shall employ only light emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights. In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams and illumination therefrom 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.
(2) No sign shall employ any parts or elements which revolve, rotate, whirl, spin or otherwise make use of motion to attract attention. Division (B)(1) and (B)(2) of this section shall not apply to any sign performing a public service function indicating time, temperature, stock market quotations or similar services.
(3) All wiring, fittings, and materials used in the construction, connection, and operation of electrically illuminated signs shall be in accordance with the provisions of the local electric code in effect, if any.
(4) No projecting sign shall be erected or maintained from the front or face of a building a distance of more than two feet, including those projecting from the face of any theater, hotel, or motel marquee.
(5) No sign shall be placed on the roof of any building, except those signs whose supporting structure is screened so the sign appears to be a continuation of the face of the building.
(6) No portable or temporary sign shall be placed on the front or face of a building or on any premises, except as provided in § 153.417.
(7) No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners, or other similar moving devices. Such devices, as well as strings of lights, shall not be used for the purpose of advertising or attracting attention when not part of a sign.
(8) No sign erected or maintained in the window of a building, visible from any public or private street or highway, shall occupy more than 20% of the window surface.
(9) 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.
(10) Should any sign be or become unsafe or be in danger of falling, the owner thereof or the person maintaining the same shall, upon receipt of written notice from the Zoning Administrator, proceed at once to put such sign in a safe and secure condition or remove the sign.
(11) No sign shall be placed in any public right-of-way except publicly-owned signs such as traffic control signs and directional signs. Signs directing and guiding traffic and parking on private property but bearing no advertising matter shall be permitted on any property.
(12) All signs shall be as designed and supported as to carry the weight of the sign, and shall comply with the local building code in effect.
(13) All signs shall be secured in such a manner as to prevent significant movement due to wind.
(14) No signs shall be attached to or supported by a tree, utility pole, trash receptacle, bench, vending machine, or public shelter.
(15) No sign shall be attached in such manner that it may interfere with any required ventilation openings.
(16) No sign shall be located on a vacant lot, except for the purpose of advertising the lot for sale or lease, or for such purpose as the notification of present danger or the prohibition of trespassing.
(17) No sign shall be located nearer than eight feet vertically or four feet horizontally from any overhead electrical wires, conductors, or guy wires.
(18) Residential Christmas display lighting shall be exempted from the requirements of this chapter.
(Ord. 8-96, § 701.03, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 33-99, passed 12-7-99; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.413 PERMIT REQUIRED.
(A) No person shall locate or maintain any sign, or cause a sign to be located or maintained, unless all provisions of this subchapter have been met. To assure compliance with these regulations, a sign permit issued pursuant to this subchapter shall be required for each sign unless specifically exempted in this subchapter.
(B) A sign initially approved for which a permit has been issued shall not be modified, altered or replaced, nor shall design elements of any building or lot upon which such sign is maintained be modified, altered or replaced if any such design element constituted a basis for approval of such sign unless a new or amended permit is obtained consistent with these regulations.
(C) The repainting, changing of parts and preventive maintenance of signs shall not be deemed alterations requiring a sign permit.
(Ord. 8-96, § 701.04, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.414 SIGNS PERMITTED IN COMMERCIAL AND MANUFACTURING DISTRICTS REQUIRING A PERMIT.
(A) The regulations set forth in this section shall apply to signs in all commercial and manufacturing districts and such signs shall require a permit.
(B) In a commercial or manufacturing district, each business shall be permitted flat or wall on premise signs. Projection of wall signs shall not exceed two feet measured from the face of the building or the face of an awning or canopy. The area of all permanent on premise signs for any single business enterprise may be an area equivalent to 1½ square feet of sign area for each lineal foot of building width, or part of a building, occupied by such enterprise but shall not exceed a maximum area of 200 square feet on each exposed wall.
(C) In a commercial or manufacturing district, two off-premises signs with a total area not exceeding 600 square feet may be permitted at a single location. No single off-premises sign shall exceed 1,200 square feet, nor shall off-premises signs visible to approaching traffic have a minimum spacing of less than 200 feet. Off-premises signs shall conform to all applicable yard and height regulations for the appropriate zoning district, except that such signs intended to be viewed from an elevated highway shall be not more than 20 feet above the level of the roadway at its nearest point. Off-premises wall signs shall have all structural and supporting members concealed from view.
(Ord. 8-96, § 701.07, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 33-99, passed 12-7-99; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.415 TEMPORARY SIGNS.
(A) Temporary signs not exceeding 50 square feet in area, announcing special or public or institutional events, the erection of a building, the architect, the builders, or contractors may be erected for a period of 60 days plus the construction period. All persons responsible for posting shall remove the sign within two weeks upon construction completion or completion of the event. Such temporary signs shall conform to the general requirements listed in § 153.412, the setback requirements in §§ 153.420 through 153.423 and, in addition, such other standards deemed necessary to accomplish the intent of the subchapter as stated in § 153.410. In addition, no sign shall be posted in any place or in any manner that is destructive to public property upon posting or removal. No sign shall be posted in a public right-of-way nor shall any such sign be posted on a utility pole. No person shall encumber any street or sidewalk or, being the owner, occupant or person having care or any building or lot of land bordering on any street or sidewalk, shall permit the same to be encumbered with barrels, boxes, cans or articles or substances of any kind so as to interfere with the free and unobstructed use thereof.
(B) In any residential district, temporary signs not exceeding six square feet may be erected for a period of up to 60 days, without requiring any permit. These signs shall not be erected within the right-of-way.
(1) Permits. A zoning permit application is required for each sign, and a drawing/picture of the proposed sign shall be submitted. The permit will cease to have effect if the sign is not used for a period of two years, and said permit is not transferable or assignable. The Zoning Administrator will determine on a case by case basis when a new permit is required. There will be no more than two signs every 40 linear feet, measured parallel to the applicant's front building/business or front property line. Each sign will require a separate zoning permit application and fee.
(2) Size, lighting, movement/rotation. The maximum size, including stand, shall be 50 inches in height and 40 inches in width. Constant intensity lighting only is permitted. No sign shall have, or be illuminated by, any flashing, moving, rotating, intermittent lights. No illuminated sign or lighting device is to be placed to cause glare or reflection that may create a traffic hazard or nuisance. All outdoor electrical installations must comply with current National Electrical Code. No sign, or parts of the sign, shall revolve, rotate, whirl, spin, or any motion of any type. No flags, banners, ribbons, shall be part of the sign, unless securely fastened to prevent movement.
(3) Placement. No part of the sign, or sign stand, shall extend beyond four feet from the front of the building/business or four feet beyond the front property line. No part of any sign, or sign stand, shall block access to any building (public or private), pedestrian walkway, driveway (public or private), street or alley. The sign must be directly in front of the building/business or property requesting the permit. In no case shall the sign be placed in front of any building/business or property that is not owned by the requesting applicant or in any other location, neither on public or private property. In no case shall the sign block access to a fire hydrant, fire escape, or standpipe connection. No sign shall be placed in a portion of any street. All signs will be properly weighted as to prevent a wind-blown hazard however, in no case shall a sign be attached or affixed, either permanently or temporarily, to the sidewalk, light pole or any other public facility.
(4) Hours. No sign shall be placed outside earlier than 7:00 a.m., and shall be removed no later than 9:00 p.m. No sign, or any part of a sign, including the stand, shall remain overnight.
(Ord. 8-96, § 701.08, passed 5-20-96; Am. Ord. 33-99, passed 12-7-99; Am. Ord. 27-2007, passed 10-15-07; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.416 FREE STANDING SIGNS.
Free standing on-premises signs not over 30 feet in height having a maximum total sign area of 100 square feet per display area and located not closer than ten feet to any street right-of-way line and not closer than 30 feet to any adjoining lot line may be erected to serve a group of business establishments. There shall be only one free-standing sign for each building, regardless of the number of businesses conducted in such building.
(Ord. 8-96, § 701.09, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.417 WALL SIGNS PERTAINING TO NONCONFORMING USES.
On-premises wall signs pertaining to a nonconforming use shall be permitted on the same premises of such use; provided, the area of such sign does not exceed 12 square feet.
(Ord. 8-96, § 701.10, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.418 SIGN SETBACK REQUIREMENTS.
(Ord. 8-96, § 701.12, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.419 INCREASED SETBACK.
For every square foot by which any on-premises sign exceeds 50 square feet, the setback shall be increased by one-half-foot but need not exceed 100 feet.
(Ord. 8-96, § 701.13, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.420 SETBACKS FOR OFF-PREMISES SIGNS.
If a setback line is not established for the appropriate zoning district, off-premises signs shall be set back a minimum of 20 feet from the right-of-way line.
(Ord. 8-96, § 701.14, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.421 SETBACKS FOR PUBLIC AND QUASI-PUBLIC SIGNS.
Real estate signs and bulletin boards for a church, school or any other public, religious or educational institution may be erected not less than ten feet from the established right-of-way line of any street or highway; provided, such sign or bulletin board does not obstruct traffic visibility at street or highway intersections.
(Ord. 8-96, § 701.15, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.422 SPECIAL YARD PROVISIONS.
On-premises signs where permitted shall be erected or placed in conformity with the side and rear yard requirements of the district in which located, except that in any residential district, on-premises signs shall not be erected or placed within 12 feet of a side or rear lot line. If the requirement for a single side yard in the appropriate zoning district is more than 12 feet, the latter shall apply.
(Ord. 8-96, § 701.16, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.423 SURFACE AREA OF A SIGN.
(A) The surface area of any sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. Only one side of a free standing or projecting double faced sign shall be included in calculating surface area, providing that the two display surfaces are joined at an angle no greater than 60 degrees. All sides of multi-faced signs, visible from any one street, shall be included in the calculation of surface area.
(B) Area measurement for any sign consisting of separate letters or designs or symbols or parts thereof that are constructed without being fixed to a background structure shall be made by measuring the overall area occupied by the letters, designs or symbols.
(Ord. 8-96, § 701.17, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.424 LIMITATION.
For the purpose of this subchapter, outdoor advertising off-premises signs shall be classified as a business use and be permitted in all districts zoned for manufacturing or business or lands used for agricultural purposes. In addition, regulation of signs along interstate and primary highways shall conform to the requirements of R.C. Chapter 5516 and the regulations adopted pursuant thereto.
(Ord. 8-96, § 701.18, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.425 MAINTENANCE.
All signs shall be maintained in safe and sound structural condition at all times and shall be presentable. The Zoning Administrator shall remove any off-premises advertising signs or structure found to be unsafe or structurally unsound within 30 days of issuing a notification. The Zoning Administrator shall remove any on-premises sign which is determined to be unsafe or structurally unsound within ten days of issuance of notification.
(Ord. 8-96, § 701.19, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.426 NONCONFORMING SIGNS AND STRUCTURES.
Advertising signs and structures in existence prior to the effective date of this chapter which violate or are otherwise not in conformance with the provisions of this subchapter shall be deemed nonconforming. All such legal nonconforming signs and structures shall be maintained in accordance with this subchapter. The burden of establishing the legal nonconforming status of any advertising sign or structure shall be upon the owner of the sign or structure.
(Ord. 8-96, § 701.20, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.427 LOSS OF LEGAL NONCONFORMING STATUS.
A legal nonconforming sign shall immediately lose its legal nonconforming status, and therefore must be brought into conformance with this subchapter or be removed, if the sign is altered in structures, or if it is enlarged, relocated, or replaced, or if it is part of an establishment which discontinues operation for 90 consecutive days, or if it is structurally damaged to an extent greater than 50% of its estimated replacement value. Similarly, any legal nonconforming advertising structure so damaged must be brought into compliance or be removed.
(Ord. 8-96, § 701.21, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.428 VIOLATIONS.
(A) In case any sign shall be installed, erected, constructed, or maintained in violation of any of the terms of this chapter, the Zoning Inspector shall notify in writing the owner or lessee thereof to alter such sign so as to comply with this chapter. Failure to comply with any of the provisions of this subchapter shall be deemed a violation and shall be punishable under § 153.999.
(B) Political signs posted in violation of village provisions are subject to removal by the Zoning Inspector five days after written notice of violation has been given.
(Ord. 8-96, § 701.22, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999