Pemberville City Zoning Code
SPECIAL PROVISIONS
FOR COMMERCIAL AND INDUSTRIAL USES
§ 153.115 PERFORMANCE REQUIREMENTS.
(A) Requirements. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises; provided, that any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance requirements.
(1) Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment and by such safety devices that are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(2) Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(3) Noise. Noise which is objectionable as determined by the Board, because of intermittence, beat, frequency, or shrillness, shall be muffled or otherwise controlled. Noises may equal but shall not exceed average street traffic noise during such periods that traffic noise exceeds the following decibel readings as measured at the boundary or boundaries of the district or at any point in any adjacent “A”, “C”, or “R” District:
(a) “M-1”: 75 decibels; and
(b) “M-2”: 85 decibels.
(4) Vibration. No continuous vibration shall be permitted which will have the effect of destroying adjoining property and is found to be detrimental to the legal use of any adjoining lot or property.
(5) Smoke. Smoke shall not be emitted with a density greater than No. 2 on the Ringlemann Chart as issued by the U.S. Bureau of Mines. Smoke of a density of No. 4 on the Ringlemann Chart shall be permitted for a period of up to eight minutes in each hour, provided the following conditions exist:
(a) Breakdown of equipment;
(b) Starting new fires; and
(c) Clean-up time.
(6) Odors. No malodorous gas or matter shall be permitted which produces a public nuisance or hazard on any adjoining lot or property.
(7) Air pollution. No pollution of air by fly ash, dust, vapor, or other substances shall be permitted which can cause damage to health, animals, vegetation, or other property, or which can cause damaging soiling.
(8) Glare. No direct or reflected glare shall be permitted which is visible from any property outside an “M” District or from any public street, road, or highway.
(9) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(10) Water pollution. Pollution of water shall be subject to the requirements and regulations established by the state’s EPA.
(B) Enforcement provisions. The responsible authority or Zoning Board of Appeals, prior to the issuance of a zoning certificate, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(C) Measurement procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, N.Y.; the Manufacturing Chemists Association, Inc., Washington, D.C.; and the United States Bureau of Mines.
(Ord. 1141, passed 9-1-1998)
§ 153.116 SIGNS AND OUTDOOR ADVERTISING STRUCTURES.
(A) Purpose. The purpose of these sign regulations is to provide standards for the placement, display, and use of signs. These standards are designed to enhance the aesthetic environment of the village, improve pedestrian and traffic safety, and minimize possible adverse effects of signs on nearby public and private property.
(B) General provisions.
(1) Unless otherwise provided by this chapter, all new signs shall require a certificate. Application for sign certificates shall be made to the responsible authority. Payment of fees shall be in accordance with the permit fee schedule. No certificate is required for the maintenance of a sign or for a change of copy on painted, printed, or changeable copy signs, so long as the sign area or structure is not modified in any way for the existing owner and/or tenant.
(2) Each application for a zoning certificate shall include a drawing of the proposed sign showing the following information:
(a) Name and address of the owner of the sign;
(b) Street address or location of the property on which the sign is to be located, along with the name and address of the property owner;
(c) The type of sign or sign structure as defined in this chapter;
(d) A site plan with dimensions showing the proposed location of the sign with the measurements from all property lines along with the location of all existing signs and buildings on the same premises and adjacent roadways;
(e) A drawing of the proposed sign showing the following specifications: dimensions; height; design; copy; illumination; and construction details (materials, structural supports, and electrical components of the proposed sign); and
(f) Computations showing total number and area of existing and proposed signs on the lot.
(3) No sign shall project into any public right-of-way or obstruct traffic visibility at street or highway intersections.
(4) If a sign is installed, constructed, or maintained in violation of any of the terms of this chapter, the responsible authority shall notify the owner or lessee thereof to alter such sign so as to comply with this chapter. Any owner, lessee, or sign contractor who installs a new sign without a permit is subject to three times the normal fee schedule.
(5) All nonconforming signs, sign structures, and off-premises signs will be permitted to remain in place on the same premises of such use. When the existing use is no longer in business, all nonconforming signs shall be removed. All new signs on the premises shall conform to the provisions of this chapter.
(6) All signs and advertising structures except as hereinafter modified may be illuminated internally or by reflected light, provided the source of light is not directly visible and is so arranged so as to reflect away from the adjoining premises, and provided that such illumination shall not be placed as to cause a hazard to traffic or conflict with traffic control signs or lights.
(7) One temporary sign not exceeding an aggregate of 50 square feet, announcing the opening of a business in a Commercial or Industrial District is permitted for one, 30-day period.
(8) A temporary sign (construction sign) not exceeding an aggregate of 50 square feet advertising the construction of a building including the contractor, architect, engineer, financial institution, and the like is permitted in a Commercial or Industrial District during the construction period. Within the Agricultural and Residential Districts, a temporary sign (construction sign) not exceeding an aggregate of 32 square feet is permitted during the construction period.
(9) Directional signs shall be permitted for off-street parking areas, provided:
(a) Height not to exceed 42 inches from grade level; and
(b) Each sign shall not exceed five square feet per display area.
(C) Prohibited signs. The following types of signs are prohibited in all districts:
(1) Abandoned signs;
(2) Animated signs. No sign shall be permitted which is animated by means of flashing, blinking, or traveling lights or any other means not providing constant illumination. Public service information signs and changeable copy signs are not considered animated signs;
(3) Search lights, rotating signs, sandwich board signs, moving figures, balloons, or other gas- filled figures;
(4) Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign;
(5) Any sign or other object attracting attention to a business which interferes with the safety of the traveling public;
(6) Roof signs; and
(7) Pole signs in “A” and “R” Districts.
(D) Exemptions. The following types of signs are exempt from sign permit requirements:
(1) Any public notice or warning required by a valid and applicable federal, state, or local law or regulation;
(2) Any sign inside a building;
(3) Works of art that do not include a commercial message;
(4) Holiday lights and decorations with no commercial message;
(5) Traffic directional signs on private property which contain no commercial message;
(6) Non-illuminated real estate signs not exceeding six square feet in sign area in “A” and “R” Districts and 32 square feet in sign area in “C” and “M” Districts that advertise the sale, rental, or lease of the premises upon which such sign is located;
(7) Non-illuminated signs not exceeding 32 square feet per face in sign area which advertise the sale or lease of a subdivision or undeveloped acreage;
(8) Memorial signs or tablets, names of buildings, and the date of construction placed on the building, provided that such signs do not exceed two square feet in area; and
(9) The following temporary signs. These signs shall be removed no later than five days after completion of the event or transaction:
(a) Garage/yard sale signs; and
(b) Public election and candidates signs.
(E) Signs in Agricultural and Residential Districts. Signs shall be permitted as follows.
(1) One low-profile or one wall sign shall be allowed for each lot which contains a main building other than a dwelling. Low-profile signs in “A” and “R” Districts shall not exceed five feet in height measured from the ground surface and shall be no higher than seven feet measured from the centerline of the road and 32 square feet per face in area.
(2) Signs for home occupations shall not exceed eight square feet in area and shall be wall mounted and flush against the wall.
(3) Signs for churches, schools, or other public or semi-public buildings shall not exceed 32 square feet per face in area.
(4) At any entrance to a residential subdivision or multi-family development there may be not more than two signs identifying such subdivision or development and said signs shall be setback from the right-of-way line a minimum distance of ten feet. The total sign area of a single sign located at a single entrance shall not exceed 32 square feet, shall not exceed 42 inches in height, and shall contain only the name of the subdivision or development. Any subdivision entrance/identification sign proposed to be located within the center of a boulevard entrance shall be located in a manner so as not to create a traffic hazard from the standpoint of adequate sight distances.
(5) All signs permitted in divisions (E)(1) and (E)(3) above shall be located a minimum distance of 25 feet from the right-of-way line and not less than ten feet from any adjacent lot line.
(F) Signs in Commercial and Industrial Districts.
(1) Except as indicated, only one of each sign type listed below shall be permitted per lot in Commercial and Industrial Districts.
District | Type of Sign Permitted | Max. Size of Pole Sign (Sq. Ft.) | Max. Size of Wall Sign(1)(2) | Max. Size of Low Profile Sign (Sq. Ft.)(3) | Max. Size of Projecting Sign (Sq. Ft.)(4) |
District | Type of Sign Permitted | Max. Size of Pole Sign (Sq. Ft.) | Max. Size of Wall Sign(1)(2) | Max. Size of Low Profile Sign (Sq. Ft.)(3) | Max. Size of Projecting Sign (Sq. Ft.)(4) |
C-1 | Wall, low profile, projecting, pole | 40 per face | 1.5 sq. ft. per lineal ft. of building width | 40 per face | 40 |
C-2 | Wall, low profile, projecting, pole | 100 per face | 1.5 sq. ft. per lineal ft. of building width | 100 per face | 40 |
C-3 | Wall, low profile, projecting, pole | 60 per face | 1.5 sq. ft. per lineal ft. of building width | 60 per face | 40 |
M-1 | Wall, low profile, pole | 100 per face | 1.5 sq. ft. per lineal ft. of building width | 50 | NA |
District | Type of Sign Permitted | Max. Size of Pole Sign (Sq. Ft.) | Max. Size of Wall Sign(1)(2) | Max. Size of Low Profile Sign (Sq. Ft.)(3) | Max. Size of Projecting Sign (Sq. Ft.)(4) |
M-2 | Wall, low profile, pole | 100 per face | 1.5 sq. ft. per lineal ft. of building width | 50 | NA |
Notes: (1) Lineal building width facing the rights-of-way; multiple wall signs are permitted provided the combined square footage is within the wall sign size limit indicated. (2) Awning, backlit awning, and canopy signs are treated as wall signs for the purposes of this table. The sign area for awning, backlit awning, and canopy signs is the copy area. (3) No low profile sign is permitted when a pole sign is used. (4) No projecting sign is permitted when a pole sign is used. | |||||
(2) Pole signs and low profile signs on double frontage lots. If a development is located on a lot that is bordered by two streets that do not intersect at the lot’s boundaries (double front lot), then the development may (subject to total sign area limitations in division (F)(1) above) have a pole or low profile sign on each street.
(3) All pole signs shall be located at least ten feet from the right-of-way line, not less than ten feet from any adjacent lot line, and may not exceed a height of 30 feet.
(4) Low-profile signs shall be setback from the right-of-way line a minimum distance of 15 feet and not less than ten feet from any adjacent lot line.
(5) Exceptions to these regulations in specific cases may be authorized by the Zoning Board of Appeals where there are practical difficulties or hardships in carrying out the strict letter of this section providing each exception is in harmony with the general purpose and intent of the chapter and in accordance with the procedures and provisions specified in §§ 153.185 to 153.193. Hardship shall be based on physical limitations of the land or structures and does not encompass financial considerations.
(G) Common signage plans for multiple uses.
(1) In lieu of the requirements elsewhere in this section, in Commercial and Industrial Districts, when a structure contains more than one business establishment, or when the owners of two or more contiguous lots voluntarily agree to develop common signage, a common signage plan may be submitted to the responsible authority.
(2) A common signage plan shall specify standards for consistency among all signs affected by the plan in regard to:
(a) Color scheme;
(b) Lettering;
(c) Lighting;
(d) Location of signs;
(e) Material; and
(f) Sign proportion.
(3) Common signage plans may not exceed the following limitations:
(a) The total maximum aggregate area of all signs (pole, wall, low profile, or projecting) shall not exceed either three square feet of sign per lineal foot of street frontage, or 5% of the ground floor of the principal building, or 1,000 square feet, whichever is less; and
(b) Maximum number of pole or low profile signs, pole or low profile signs, are limited to one for each 500 feet of lot frontage.
(H) Off-premises sign. Off-premises signs are permitted in the M-1 and M-2 Districts, subject to the following:
(1) Off-premises signs shall not exceed 32 square feet per sign face; and
(2) Height of off-premises signs shall not exceed eight feet above grade.
(Ord. 1141, passed 9-1-1998)
§ 153.117 TEMPORARY BUILDINGS.
Temporary buildings and construction trailers used in conjunction with construction work only may be permitted in any “C” or “M” District during the period construction work is in progress, but such temporary buildings shall be removed upon substantial completion of the construction work.
(Ord. 1141, passed 9-1-1998)
§ 153.118 OPEN STORAGE AND DISPLAY OF MATERIAL AND EQUIPMENT.
(A) The open storage and display of material and equipment incident to permitted or conditional uses in “C” or “M” Districts shall be permitted provided the area used for open storage and display shall be effectively screened from all adjoining properties in any “A” or “R” District by means of walls, fences, or plantings. In no case shall this storage be maintained beyond the front building line except for items displayed for sale or rental. Walls or fences shall be a minimum of four feet in height without advertising thereon. In lieu of such wall or fence, a strip of land not less than ten feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting may be substituted.
(B) The temporary open storage of contractor’s equipment and material shall be permitted on the site upon which buildings or structures are being erected or installed for the duration of the construction period. Storage of such equipment and material beyond the date of completion of the project shall be subject to a special permit authorized by the Zoning Board of Appeals.
(Ord. 1141, passed 9-1-1998)
§ 153.119 DAY CARE FACILITIES.
Day care facilities operated as an accessory use to serve employees of a principal use, located on-site and less than 5,000 square feet, shall not be subject to any commercial site plan review beyond that required for the principal use.
(Ord. 1141, passed 9-1-1998)
§ 153.120 ANIMAL CARE FACILITIES.
(A) Animal care facilities located in a “C-2” or “M-1” District shall be contained within a building(s) and shall not have holding pens or enclosures for housing animals external to any building.
(B) Accessory buildings, pens, or enclosures used for housing or containing animals shall be a minimum of 50 feet from all property lines and/or any dwelling unit.
(C) Suitable fencing or landscaping shall be installed around pens and/or enclosures used for housing or containing animals.
(Ord. 1141, passed 9-1-1998)