Sylvania City Zoning Code
TITLE FIVE
Supplemental Zoning Regulations
1153.01 PURPOSE.
Most types of land use covered by this Zoning Ordinance are grouped according to compatibility and function, and each group is permitted outright in one or more of the various districts established in the Ordinance. In addition to these permitted uses, there are other uses which it may be necessary or desirable to allow in certain districts, but because of their potential impact on adjacent land or public facilities, need particular and individual consideration prior to location in the community. Such uses are classified in this Zoning Ordinance as Special Uses and fall into two general categories:
(a) Uses municipally operated or operated by publicly regulated utilities, and uses traditionally affected by public interest.
(b) Uses entirely private in character which, because of their peculiar locational needs or the nature of the service they offer to the public, may have to be established in a district in which they cannot reasonably be allowed as a permitted use under the zoning regulations.
1153.02 SPECIAL USES.
Council shall have authority to permit, by ordinance, the following uses of land or structures in any district, except as herein qualified and subject to the conditions and procedures set forth herein:
(a) Amusement park.
(b) Raising or keeping farm animals
(c) Cemetery or mausoleum.
(d) Churches.
(e) Commercial, recreational or amusement development for temporary or seasonal periods only.
(f) Development of natural resources, including the extraction of sand, gravel, fill dirt, topsoil and store.
(g) Drive-in theaters.
(h) Fraternity or Sorority House
(i) Gun clubs, country clubs or private or semi-private golf courses, and similar recreational clubs and organizations.
(j) Hospital or institution, provided that any hospital or institution authorized in any R District shall not occupy more than twenty percent of the total lot area, and shall be set back from all yard lines at least two feet for each foot of building height.
(k) Nursing home in any R District.
(l) Privately operated community building or recreation field and swimming pools, and community facilities owned and operated by neighborhood organizations.
(m) Public and government buildings.
(n) Radio or television broadcasting tower or station in R Districts.
(o) Plant nurseries and greenhouses in any R District.
(p) Day nurseries for preschool children in any R District and any B-1-B District.
(q) Commercial or industrial parking areas in R Districts adjacent to a business or industrial zoning district, according to the additional procedures and conditions of Chapter 1157.
(r) Mobile or manufactured home parks in R-3, R-4, B-1 and B-2 Districts
(s) Automobile service stations in the B-1, B-2, B-3 and B-4 Districts. Gasoline pumps and pump islands which are more than fifty feet from the boundary of a residential zoning district may be located within a required yard, provided they are more than fifteen feet from any street line.
(t) A charitable or public service organization chartered as a nonprofit corporation or organization by the State in any R District any B-I District or B-2 District. Any such facility located within any R District shall not encumber with structures more than twenty-five percent of the total area of the site and shall be set back from any required yard at least two such feet for each foot of height of that structure located nearest such line.
(u) Commercial motor truck terminal, truck repair station and/or garage and commercial parking lots and/or parking garage for commercial trucks exceeding 7,000 pounds net weight.
(v) Commercially operated transmission pipelines, located either above or below ground surface, and used for transferring such substances as:
(1) Petroleum derived substances;
(2) All other types of liquid organic substances;
(3) All types of liquefied gases;
(4) All noxious gases such as ammonia, chlorine, benzene, etc.;
(5) Coal slurries;
(6) Any substance having a pH of 3.0 or lower;
(7) Any substance having a pH of 12.0 or higher.
Excluded are local service lines installed to distribute natural gas to residential or commercial customers located within the City or having extensions into Sylvania Township.
(w) Sexually-oriented businesses subject to the following requirements:
(1) A sexually-oriented use shall not be permitted in any Zoning District other than the B-3 Central Business District.
(2) Because of relevant studies of sexually-oriented businesses which document the potential harmful secondary effects of sexually-oriented businesses, separation distances between sexually-oriented businesses and other sensitive land uses are deemed necessary. Secondary effects studies include those produced in many cities and states and cite the incidence of crime, and the adverse impacts on property values. Also, of concern is the potential that children could be exposed to sexually-oriented material. As a result of these considerations, a sexually-oriented business establishment shall not be located within 250 feet of any property that is zoned as a residential district (R-1, R-1-A, R-2, R-2-A, R-3, R-4), or from any property line associated with a publicly-owned park. Further, a sexually-oriented business may not locate within, 500 feet of the property line of an educational facility (elementary school, junior high school, high school, nursery school or preschool, vocational or trade school), place of religious worship or public library. A sexually-oriented business establishment shall also not be located within 1,000 feet of another existing sexually-oriented business establishment. All measurements referenced herein shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a sexually-oriented business establishment exists (or is proposed to be established), to the nearest property line of the specific uses referenced herein. For leased spaces in multi-tenant and/or multi-level properties, the measurements shall be from the outer boundaries of the entire building (projected to ground level, if applicable).
(3) No person shall knowingly allow a person less than 18 years of age on the premises of a sexually-oriented business.
(4) A sexually-oriented business which features persons who appear in a state of nudity or semi-nudity or live performances, shall not allow a patron to have any physical contact with any entertainer on the premises during any performance.
(5) Operations at any such center or establishment may not be conducted between hours of 2:30 a.m. and 5:30 a.m local time.
(6) No personnel at any such center or establishment involved in nude entertainment activities shall be permitted to prepare, handle or serve any food or beverage;
(7) Every such center and establishment must have a central fire alarm system incorporating both smoke detectors and heat sensors before commencing business. The proposed system must be approved by the Chief of the Fire Department before installation of same and after the installation the same must be approved by the Chief for proper performance, which proper performance must be maintained at all times thereafter;
(8) The center or establishment shall be open for inspection during all scheduled business hours by the Sylvania Zoning Administrator and Fire, Police, and Health Department Officers and/or Inspectors;
(9) Signs must conform to requirements defined in Chapter 1166 (Sign Regulations.) and no sign may depict images of specified sexual activities, or specified anatomical areas.
(10) The owner, operator, manager or proprietor of the center or establishment shall be responsible for immediately notifying the Sylvania City Police of any sexual, prostitution, homosexual, pandering or soliciting activity which may be in progress on or within the premises covered by such permit.
(11) Violation of any of the foregoing conditions shall constitute a zoning violation and each day or part thereof during which any such violation shall continue or occur shall constitute a separate violation. In addition to any penalty that may be assessed for such zoning violation and not in limitation thereof, the Special Use Permit shall be revoked by the Zoning Administrator.
(x) Solar panels (free standing) supported on racking systems or other structural elements permanently affixed to the ground.
(y) Vehicle painting and vehicle body repair in a B-2 District.
(z) Wind turbines as a special use in any non-residential district, subject to the following requirements:
(1) The maximum height of any turbine shall be 100 feet. The maximum height shall be considered the total height of the turbine system including the tower, and the maximum vertical height of the turbine's blades. Maximum height therefore shall be calculated by measuring the length of a prop at maximum vertical rotation to the base of the tower at grade.
(2) Any turbine erected on a parcel of land will need to establish a "clear fall zone" from all neighboring property lines and structures, as well as any structures on the parcel intended for the turbine. A turbine must be erected and placed in such a manner that if it were to fall, whatever direction the fall occurs would be contained solely on the property where the turbine is located, and would not strike any structures including the primary dwelling, and any accessory buildings or uses.
(3) The turbine, including the prop blades, turbine, cowling and tower shall be painted or coated white, gray or sky blue. Logos or other identification markers other than those of the manufacturer and model type shall not be permitted anywhere on the turbine.
(4) Wind turbines must be maintained in good working order. Turbines that become inoperable for more than six (6) months must be removed by the owner within thirty (30) days of issuance of a zoning violation. Removal includes removal of all apparatuses, supports, and/or other hardware associated with the existing turbine.
(5) Applicant shall provide the City with a report signed by an Professional Engineer, registered in the State of Ohio, illustrating the total size and height of the unit, the size and depth of the unit's concrete mounting pad, the decibel rating for that particular model, a list and/or depiction of all safety measures included such as anti-climb devices, grounding devices and lighting protection, data specifying the kilowatt size and generating capacity of the particular unit and a plan showing the location of the unit in relation to existing structures on the property, color of the unit, identifying logos on the unit, roads and other public rights of way and neighboring properties so that evidence of a "clear fall zone" can be illustrated.
(aa) Bed and Breakfast facilities in any R District only under the following conditions:
(1) Bed and Breakfast facilities shall be located only on the thoroughfares of Main Street, Summit Street, Brint Road, McCord Road, Erie Street, Harroun Road, and Monroe Street west of US 23.
(2) Each facility shall have the following safety items: Smoke alarms in each unit; two fire extinguishers, which shall be "abc" rating and one shall be located in the kitchen and one shall be located at main entrance/exit; First-aid kit; Emergency lighting and/or other safety devices as recommended by the Fire Chief.
(3) No more than one meal shall be served to each paying guest of the bed and breakfast inn and that meal shall be breakfast.
(4) Food licensing shall be mandated by Ohio Revised Code.
(5) Home occupancy must meet state health and safety requirements.
(6) The same guest of group of registrants shall not stay at the facility for a period of more than seven consecutive days or more than fourteen total days within a given calendar year.
(7) Failure to comply with these conditions, the Ohio Revised Code, the State Health Department or other such agencies shall be cause for repeal of the conditional use permit.
(bb) Tea house facilities in any R district only under the following conditions:
(1) Tea house facilities shall be located only on the thoroughfares of Main Street, Summit Street, Brint Road, McCord Road, Erie Street, Harroun Road, and Monroe Street west of US 23.
(2) The hours of operation shall be 10:00 a.m. to 4:00 p.m.
(3) Food licensing shall be mandated by the Ohio Revised Code.
(4) Each facility shall have the following safety items:
(5) Smoke alarms in each unit;
(6) Two fire extinguishers, which shall be "abc" rating and one shall be located in the kitchen and one shall be located at main entrance/exit;
(7) First-aid kit;
(8) Emergency lighting and/or other safety devices as recommended by the Fire Chief.
(9) Failure to comply with these conditions, the Ohio Revised Code, the State Health Department or other such agencies shall be cause for repeal of the conditional use permit. (Ord. 55-2011. Passed 7-18-11.)
(cc) Adult Day Service Facility in R-3, R-4, B-1, B-1-B, B-2, B-3, B-4, M-1, M-2, Adult Day Service Facilities as defined in Sylvania Codified Ordinance Section 1101.261 and Ohio Administrative Code Chapter 173-39, may be granted a Special Use Permit for serving four or more adults so long as such use meets all applicable federal, state or local requirements including, but not limited to licensing, heath and safety regulations. Hours of operation shall be in accordance with the underlying zoning classification within which the Adult Day Service Facility is located. If none are provided, hours should be specified in the Special Use Permit Application. (Ord. 31-2017. Passed 8-21-17.)
(dd) Medical Marijuana Dispensary in M-1 and M-2 Districts.
(Ord. 21-2018. Passed 7-16-18.)
(ee) Bakeries, Wholesale. Wholesale bakeries in P-R-O, B-1-B, B-2, B-3, B-4, M-1, M2 Bakeries, Wholesale as defined in Sylvania Codified Ordinance Section 1101.111, may be granted a Special Use Permit.
(Ord. 96-2023. Passed 2-5-24.)
(ff) Auto Wash.
(1) Auto Washes in B-1, B-2, B-4, M-1 and M-2 Districts.
(2) All buildings shall have a front yard setback of not less than fifty (50) feet.
(3) All washing facilities shall be within a completely enclosed building.
(4) Vacuuming and drying areas may be located outside the building but shall not be in the required front yard and shall not be closer than fifty (50) feet to any residential district.
(5) All vehicle queuing based on the peak hour demand is prohibited in the public right-of-way and shall be stored on site.
(8) One (1) portable dog wash station may be permitted as part of an auto wash. As part of the Special Use Permit application process, the location and design of the dog wash station will be subject to Sylvania City Council, Board of Architectural Review and Sylvania Municipal Plan Commission review, recommendation and/or approval.
(Ord. 99-2024. Passed 11-4-24.)
(gg) Carports.
(1) Carports in R-2 Districts;
(2) The carport shall be a minimum of three (3) feet from the side or rear property line.
(3) The carport shall not be in front of any habitable space;
(4) The carport shall not be in front of or below the main building;
(5) The carport shall be constructed in a permanent manner;
(6) The roof line of the carport shall not exceed the height of the second floor line of the dwelling;
(7) The carport including all supports, roof and fascia shall match the same construction as the main building;
(8) The carport shall be a maximum of eighteen (18) feet wide by twenty (20) feet long in size, in no case shall be permitted to exceed the length of the main building;
(9) A concrete or asphalt base shall be installed for the area of the carport, gravel shall not be permitted;
(10) The carport shall be used for vehicle storage purposes only. No other storage of any kind shall be permitted in or around the carport.
(Ord. 106-2025. Passed 12-1-25.)
1153.03 APPLICATION FOR APPROVAL.
Application to build or occupy any of the special uses listed in this Chapter shall be filed with the Zoning Administrator and shall be accompanied by plans showing the proposed development, including, but not limited to locations of buildings, off-street parking areas, landscaping, screening, lighting, ingress and egress, signage, and dumpster location.
1153.04 PROCEDURE.
The procedure for processing special use applications shall be the same as for an amendment to the Zoning Ordinance, as set forth in Chapter 1107, including referral of the proposed special use to the Planning Commission, consideration and action by the Commission and hearing, notice and action by Council. A Site Plan, prepared in accordance with the requirements of Section 1109
shall be provided.
1153.05 CRITERIA.
The following criteria shall be used in considering a special use application by the Planning Commission and Council:
(a) The special use is necessary or desirable for the public convenience at that location.
(b) The special use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.
(c) The special use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.
(d) The special use conforms, with the exception of planned developments, to the applicable regulations of the district in which it is to be located, including yard and height restrictions, and also conforms to the requirements for off-street parking and loading facilities as set forth in Chapters 1157 and 1159.
1153.06 AUTHORITY.
The Planning Commission may recommend and Council may provide conditions or restrictions upon the construction, location and operation of a special use including, but not limited to provision for off-street parking, as shall be deemed necessary to secure the specific purposes and requirements of this Chapter, and the general objectives of this Zoning Ordinance.
1153.07 EXISTING SPECIAL USES AND ENLARGEMENTS.
Special uses existing at the time of adoption of this Zoning Ordinance or amendments thereto shall be considered as conforming to this Zoning Ordinance, and may be rebuilt to the original specifications if destroyed. Any additions or enlargements of existing special uses or new special uses approved after adoption of this Zoning Ordinance shall be subject to the entire application and hearing procedures required for new special uses.
1153.08 DEVELOPMENT.
An approved special use shall be constructed and maintained in accordance with the plans and conditions approved by Council, and a zoning certificate shall be issued accordingly.
1153.09 DELAY IN CONSTRUCTION.
In the event that construction of an approved special use is not started within two years after approval by Council, the zoning certificate shall expire and reapplication for approval of the special use shall be necessary.
1155.01 PURPOSE.
The purpose of this Chapter is to make this Zoning Ordinance flexible in relation to new development ideas and changing conditions by providing a means for considering and approving new and creative developments which do not meet the exact requirements of this Zoning Ordinance, but which do meet the general purposes of the Ordinance and are not detrimental to the community. The Planned Development (PD) is a voluntary procedure that provides an overlay zoning district that encourages innovative urban and architectural design, conservation of significant natural features or consolidation of open space in order to provide for a mixture of uses with an open space in order to provide for a mixture of uses with an integrated design.
1155.02 DEFINITION AND DESCRIPTION.
A Planned Development is a tract of land which is planned to be developed by the owner or owners thereof, and which comprises an area of one or more net acres. The Planned Development may be a residential, commercial, or industrial development or may be a combination of uses with no minimum site area required. All planned developments shall be platted in accordance with applicable subdivision rules and regulations.
1155.03 PROCEDURE.
Applications for planned developments and the procedures for consideration and approval shall be the same as for Special Uses as described in Chapter 1153. All PD applications shall include a Development Plan prepared in accordance with Chapter 1109. Additional information may also be required to adequately review the proposed development, including environmental assessments and other studies for the development. The expense of providing this information is the responsibility of the applicant.
1155.04 RESIDENTIAL DEVELOPMENT STANDARDS.
Dwelling units may be any single or combination of single family, zero lot line, attached house, duplex, or multi-family housing unit. Housing density may not exceed permitted densities applicable to the existing zoning district by more than one and one half times. Residential areas to be developed adjacent to existing residential areas shall be developed with comparable housing types and at comparable densities.
1155.05 DESIGN.
The applicant for PD approval is encouraged to demonstrate excellence in architectural and site design. Specific development standards are intentionally broad and general to allow maximum flexibility and creativity. It is anticipated that applicants for PD approval will utilize this flexibility to enable the creation of highly attractive and functional urban spaces. The architectural design and materials must however, be compatible with surrounding and internal development. Developers are encouraged to identify local historic elements to build upon in the design process to help create an authentic sense of place and interest. The PD should also advance design concepts that incorporates motorized and non-motorized travel and creates functional and attractive mobility choices. Sidewalks or other approved non-motorized transportation facilities should be provided to link nonresidential areas with residential areas, both inside and outside the PD.
1155.06 AMENDMENTS / CHANGES.
All amendments to approved and existing Planned Development applications require full review and approval in accordance with the original approval procedures.
1157.01 PURPOSE.
The purpose of requiring off-street parking and of this Chapter is to alleviate or prevent congestion of the public streets and so promotes the safety and convenience of the public by establishing minimum requirements for off-street parking In accordance with the use to which property is put.
1157.02 OFF-STREET PARKING SPACE.
An off-street parking space shall be defined for the purpose of this Zoning Ordinance as an area that is no less than 9 feet wide and 18 feet deep and at least 162 square feet in size, exclusive of driveways, permanently reserved and available for the storage of one automobile which is enclosed in a building or unenclosed, is not in a public right of way and which has satisfactory ingress and egress to a public street or alley.
1157.03 PARKING AREAS ON APPLICATIONS.
For proposed new buildings, enlarged buildings, structures or uses, the location and size of required off-street parking spaces and their access to a public street or alley shall be shown in detail with dimensions on either the application for a zoning certificate or for a building permit.
1157.04 CENTRAL BUSINESS DISTRICT.
Off-street parking spaces shall not be required for any uses in the central business district as defined in Section 1139.02, which is exempted from the off-street parking regulations because it is impractical for individual stores in this area to provide individual parking spaces. An objective for the central business district is to encourage and maintain a compact grouping of retail stores and public and semipublic service buildings for the convenience of pedestrians using these facilities. For this purpose it is necessary to have businesses close together and not separated or scattered by individual parking areas serving only one building. Parking facilities for the central business district can best be provided by public parking areas and garages located according to a comprehensive plan.
1157.05 REQUIREMENTS.
In all districts except the central business district as defined in Section 1139.02, off-street parking spaces shall be provided at the time any building is erected, relocated or rebuilt, according to the following schedule:
(a) One and Two-Family Dwellings. Two parking spaces for each dwelling unit.
(b) Multiple Dwellings. Two parking spaces for each dwelling unit.
(c) Retail Store or Personal Service Establishment. Except as otherwise specified herein, one parking space for each two hundred and fifty square feet of floor area.
(d) Furniture or Appliance Store, Hardware Store, Wholesale Establishment Machinery or Equipment Sales and Service Business, Clothing Store, Shoe Repair or Service Shop. Two parking spaces plus one additional parking space for each three hundred square feet of floor area in excess of 1,000 square feet.
(e) Business or Professional Office, Studio, Bank, Medical or Dental Clinic. One parking space for each three hundred square feet of floor area.
(f) Restaurant, Nightclub, Bar, Café, Tea House, or Similar Recreation or Amusement Establishment. One parking space for each one hundred square feet of floor area.
(g) Printing or Plumbing Shop or Similar Service Establishment. One parking space for each person employed therein.
(h) Manufacturing or Industrial Establishment, Research or Testing Laboratory Creamery, Bottling Plant, Warehouse or Similar Establishment. One parking space for each two employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.
(i) Hotel, Motel, Tourist Home or Bed and Breakfast. One parking space for each sleeping room, guest room or suite.
(j) Church or Temple. One parking space for each six seats in main auditorium.
(k) School, Except High School or College. One parking space for each ten seats in the auditorium or main assembly room or one space for each classroom, whichever is greater.
(l) College or High School. One parking space for each eight seats in the main auditorium or three spaces for each classroom, whichever is greater.
(m) Community Center, Library, Museum or Art Gallery. Ten parking spaces plus one additional space for each three hundred square feet of floor area in excess of 2,000 square feet.
(n) Private Club, Lodge or Fraternity. One parking space for every five members.
(o) Bowling Alley. Four parking spaces for each alley.
(p) Mortuary or Funeral Home. Three parking spaces for each room used as a chapel, slumber room or parlor, or one parking space for each fifty square feet of floor area of assembly rooms used for service, whichever is greater.
(q) Dance Hall, Roller Rink, Assembly or Exhibition Hall without Fixed Seats. One parking space for each one hundred square feet of floor area used therefore.
(r) Hospital. One parking space for each four beds.
(s) Sanitarium, Convalescent Home, Nursing Home, Home for the Aged or Similar Institution. One parking space for each six beds.
(t) Theater or Auditorium, except School. One parking space for each five seats or bench seating spaces.
(u) Amphitheater, Stadium or Similar Outdoor Place of Assembly. If normally used or intended for use more than twelve times each year, one parking space for each ten seats provided.
1157.06 COMPUTING REQUIRED SPACES.
(a) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
(b) Where fractional spaces result, the parking spaces required shall be construed to the nearest whole number.
(c) The parking space requirement for a use not specifically mentioned herein shall be the same as; required for a use of similar nature.
(d) When an applicant for a building permit does not specify the exact use planned for the proposed building, the Zoning Administrator shall choose the use from Section 1157.05 in the general category of the proposed building which requires the greatest number of parking spaces.
1157.07 APPLICATION TO EXISTING BUILDINGS; CHANGE OF USE.
Buildings existing at the time of adoption of this Zoning Ordinance which do not meet the off-street parking requirements, may be structurally altered to the extent of fifty percent of the cost of equivalent new construction, and the use of such buildings may be changed to an equally intensive or less intensive use without providing the required off street parking spaces. However, if such buildings are structurally altered to an extent greater than fifty percent of the cost of equivalent new construction, or if the use is changed to a more intensive use such as conversion of a single-family dwelling to an apartment or a change from a B-1 to a B-2 use, all required off-street parking spaces shall be provided.
1157.08 ENLARGEMENT OF EXISTING BUILDINGS.
Buildings existing at the time of adoption of this Zoning Ordinance which do not meet the off-street parking requirements of this Chapter may be enlarged to the extent of a fifty percent addition of floor area and need provide off-street parking for the enlargement only and not for the original building. When an existing building is enlarged to an extent greater than a fifty percent addition in floor area, off-street parking spaces shall be provided for both the original building and the enlargement.
1157.09 EXISTING PARKING SPACES.
Accessory off-street parking spaces in existence at the time of adoption of this Zoning Ordinance may not be reduced in number below the number required herein for equivalent new construction, or, where below the required number, may not be further reduced below the number required for equivalent new construction.
1157.10 LOCATION.
All parking spaces required herein shall be located on the same lot or parcel with the building or use served. The Board of Appeals under Section 1105.08(d) has authority to allow location of required parking spaces on lots separated from the lot on which the use served is located.
1157.11 TRUCK PARKING.
No trucks or commercial vehicles exceeding a one-ton rated capacity shall be parked in residentially zoned districts in parking spaces or garages accessory to residential dwellings.
1157.12 FRONT YARD PARKING PROHIBITED.
Off-street parking spaces shall not be permitted in a required front yard or in a street side yard area of a corner lot except in a driveway or defined parking area in residentially zoned districts. The aggregate area of the driveway or defined parking area shall be as follows:
(a) Standard lots with widths forty feet (40') or less to have an aggregate driveway area no greater than 45% of the front yard;
(b) Standard lots with widths between forty-one feet to fifty feet (41' - 50') to have an aggregate driveway area no greater than 40% of front yard;
(c) Standard lots with widths greater than fifty feet (50') to have an aggregate driveway area no greater than 35% of front yard.
Lot Width | Aggregate Driveway % of Front Yard |
< or = 40' | 45% |
< 50' > 41' | 40% |
> 51' | 35% |
(Ord. 30-2017. Passed 6-19-17.)
1157.13 IMPROVEMENTS.
(a) All off-street parking spaces shall be hard surfaced or surfaced with gravel, crushed stone or similar material, with adequate dust treatment.
(b) For all parking areas which have five or more parking spaces, bumper guards shall be provided where necessary around the boundary of the parking area to protect fences, screen plantings and neighboring property.
1157.14 PARKING AREAS ADJACENT TO RESIDENTIALLY ZONED LAND.
The following requirements apply to all parking areas which have five or more spaces and which are adjacent to land which is zoned residential. Included in this category are parking areas which are within residential areas themselves, such as for schools, churches and other special uses, and also parking areas within commercial and industrial districts adjacent to residential districts. (See Diagram D for illustration of these requirements.)
(a) Parking areas shall be set back seven feet or more from a side yard of a residentially zoned parcel and screened therefrom. (See Chapter 1101 for definition of "screen.")
(b) Parking areas shall be set back five feet or more from a rear yard of a residentially zoned parcel, and screened therefrom. The Board of Appeals in Section 1105.08
(f) has authority to waive the requirements for parking areas adjacent to side and rear yards, with substitution of a wall for the setback.
(c) Parking shall be prohibited in a required front yard adjacent to a residentially zoned parcel on the same side of the street for a distance of not less than fifty feet from the residentially zoned parcel.
(d) Parking shall be prohibited in a required front yard immediately across a street from a residentially zoned parcel, and screening shall be provided in front of such parking area unless such screening is expressly waived by action of the Board of Appeals.
(e) Lighting facilities where provided shall be so arranged as to reflect light away from adjacent residential districts.
Diagram D - Requirements for Parking Areas Adjacent to Residentially Zoned Land
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1157.15 ADDITIONAL REQUIREMENTS.
Sometimes it is necessary and desirable to serve the off-street parking needs of businesses and industries with parking spaces located in adjacent residential districts. This Zoning Ordinance allows application for this as a special use under Chapter 1153. In addition to the regular procedures and criteria for handling special uses, the following additional requirements shall apply to such parking areas:
(a) The parking area shall be adjacent to a commercial or industrial district and shall not extend more than one hundred fifty feet away from such district. The parking area shall not be across a street from a B or M District, but may be across an alley, in which case the one hundred fifty feet shall be measured from the centerline of the alley.
(b) Ingress and egress to the parking area shall be from a major street or from a street located in a commercial or industrial district.
(c) All the requirements for yards, screening and lighting facilities listed in Section 1157.14
shall apply to parking areas covered by this Chapter.
(d) No business involving the repair or service of vehicles, or sale or display thereof shall be conducted from or upon such parking areas.
(f) No structures shall be erected or remain on any portion of the parking area.
(g) Parking areas shall be used only for the parking of patrons' and employees' private passenger vehicles, and no charge shall be made for such parking.
1157.16 BICYCLE PARKING.
(a) Purpose. The requirements for bicycle parking are established for the purpose of ensuring adequate and safe facilities to accommodate bicycle parking and to encourage use of bicycles for travel as an alternative to use of motorized vehicles.
(b) Time of Compliance. All new developments subject to site plan review, including development of parking facilities, shall comply with the provisions of this section. At the time of construction of a new parking area or at the time of enlargement of an existing parking area, bicycle parking spaces shall be provided as indicated in this section.
(c) Number of Bicycle Parking Spaces. Bicycle parking spaces shall be provided at a rate of two (2) bicycle parking spaces for each twenty (20) automobile spaces provided. However, no automobile parking lot or garage shall be required to provide more than twenty-four (24) bicycle parking spaces.
(d) Bicycle Parking Space Size. Required bicycle parking spaces for nonresidential uses must have minimum dimensions of two (2) feet in width by six (6) feet in length. When multiple bike racks are installed side-by-side, the space between racks be reduced from four (4) feet to three (3) feet.
(e) Bicycle Parking Space Location. Required bicycle parking spaces shall be located at least as close to the entrance of the building as the nearest non-handicapped automobile parking space. In addition, bicycle parking spaces shall not be installed in an area that encroaches on Americans with Disabilities Act (“ADA”) requirements and/or compliance with those requirements.
(f) Bicycle Racks and Lockers. Each required bicycle parking space shall be equipped with a bicycle rack or “bicycle locker”, as defined in this section.
(1) Design. Bicycle racks and lockers must be securely anchored to the ground or a building. Bicycle racks must provide a stable frame to which the bicycle may be conveniently secured, such as the inverted-U, post and loop, or another type of rack that meets these standards. Bicycle racks that support the wheel but not the frame of the bike may not be used to fulfill a bicycle parking requirement. In parking lots and parking garages, physical barriers, such as posts or bollards, shall be provided so as to prevent a motor vehicle from striking a parked bicycle.
(2) Residential Uses. Neither bicycle racks nor bicycle lockers are required for bicycle parking associated with residential uses. Required bicycle parking for residential uses may be provided in garages, storage rooms, or any other resident-accessible, secure areas.
(g) Bike Locker. As used in this section, “bike locker” means a locker or storage space large enough to house a single bicycle and which may be secured and accessed by a single user. (Ord. 12-2021. Passed 5-17-21.)
1158.01 PURPOSE.
The City of Sylvania has an adopted Land Use Plan and Bike Network Plan that addresses the importance of non-motorized transportation and seeks to develop a system of bike lanes, bike trails and networked streets. This system is intended to provide residents and visitors with transportation alternatives that promote exercise, healthy lifestyles and active living while helping to reduce water, air, and noise pollution associated with automobile use, and diminishing the need for parking spaces.
1158.02 PEDESTRIAN CONNECTIONS FROM THE RIGHT-OF-WAY TO ENTRANCES.
New development and redevelopment should provide and maintain facilities for pedestrians as an integrated part of their new development and redevelopment projects. For principal buildings in any PRO, B-1-B, B-2, B-3, B-4 Zoning District (or Planned Development District) featuring a customer or general public entrance, an internal pedestrian space shall be defined and provided from the public sidewalk to the principal customer entrance. This pedestrian space shall be open and unobstructed by landscaping or signage and, where such spaces cross parking aisles or driveways, such spaces shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks, scored concrete, pavement textures or painted surfaces to define places of pedestrian movement.
1158.03 BICYCLE PARKING.
Whenever any proposed development in any B-1, PRO, B-1-B, B-2, B-3 or B-4 Zoning District (or Planned Development District) is greater than 10,000 square feet and abuts an existing or proposed Bike Lane, Bike Path or Bike Trail, as defined by the City of Sylvania's Bike Network Plan, such development shall provide bike rack or locker-type bike parking facility with the capacity for at least one bicycle parking space for each 15 motor vehicle parking spaces. Such bike parking facility shall be located at least 25 feet from the building entrance.
1158.04 BICYCLE NETWORK CONNECTIONS.
Whenever any proposed development in any B-1, PRO, B-1-B, B-2, B-3 or B-4 Zoning District (or Planned Development District) is adjacent to an existing or proposed Bike Path or Bike Trail defined in the City of Sylvania's Bike Network Plan, connection to this network shall be provided for to enable cyclists to directly access the site from the bike trail or bike path.
1159.01 LOADING BERTH DEFINED.
"Loading berth" means a space within the main building or on the same lot providing for the standing, loading or unloading of trucks, having a minimum dimension of twelve feet by thirty-five feet and a vertical clearance of at least fourteen feet.
1159.02 REQUIREMENTS.
All nonresidential buildings including retail, wholesale, office and industrial buildings, hereafter built, relocated or structurally altered to the extent of more than a fifty percent addition in floor area, shall provide an off-street loading berth or berths in accordance with the following schedule:
(a) A building whose dominant use is the selling of goods at retail shall provide loading berths in relation to the floor area used for retail purposes as follows:
Retail Floor Area (square feet) | Berths Required |
5,000 - 10,000 | one |
10,000 - 20,000 | two |
20,000 - 30,000 | three |
Over 30,000 | four |
(b) Manufacturing, repair, wholesale, trucking terminal or warehouse uses shall provide loading berths in relation to total floor area as follows:
Total Floor Area (square feet) | Berths Required |
5,000 - 40,000 | one |
40,000 - 100,000 | two |
Over 100,000 | three |
(c) Other nonresidential buildings including offices, hotels, mortuaries and institutions having more than 10,000 square feet of floor area shall provide one off-street loading berth.
1159.03 CONDITIONS.
The following conditions shall apply to the provision of off-street loading berths:
(a) Each loading berth shall be easily accessible from a street or alley without substantial interference with traffic.
(b) Each loading berth shall be hard surfaced or surfaced with gravel, crushed stone or similar material, with adequate dust treatment.
(c) Space allocated to required off-street loading berths may not be included in required off-street parking areas, nor shall an off-street loading berth be used for normal vehicle repair or service work.
(d) All required loading berths shall be on the same lot as the use served.
(e) Off-street loading berths abutting the side or rear yard of a residential district shall be suitably screened or fenced from view.
(f) No loading berth shall be located in a required front or side yard. If located in a required rear yard, the berth shall be open to the sky.
1160.01 PURPOSE.
The purpose of these regulations are to promote the public health, safety, and general welfare of residents by establishing minimum standards for the maintenance of existing natural amenities, and design and installation of landscape improvements. Landscaping is a critical element of the physical environment contributing to development quality and compatibility between land uses by reducing negative physical, visual, noise, and lighting impacts.
1160.02 LANDSCAPING FOR VEHICULAR USE AREAS.
Landscaping within parking areas, whether ground cover or upright plant material, is necessary not only to reduce the generation of heat and water runoff, but to break up, visually, the expanse of paved areas. The use of parking islands or peninsulas strategically placed throughout the parking lot is required to landscape parking lot interiors. The use of shade trees in these landscape areas is required. All off-street parking areas containing more than 6,000 square feet of area, or 20 or more vehicular parking spaces, whichever is less, shall provide areas of landscaping plantings of grass, shrubs or trees according to the following minimum requirements:
(a) An area equal to five percent (5%) of the total area devoted to parking space and parking lanes shall be landscaped and permeable. Parking lots shall also have a perimeter buffer of a minimum of five feet with a vertical six inch concrete curb on the parking lot side. The perimeter buffer shall contain elements such as mounding, trees, ground cover and shrubs that will achieve an effective, continuous screen of a height of at least three feet at maturity. Mounding shall not exceed a 3 to 1 slope.
(b) Two trees shall be installed for every 6,000 square feet of total ground covered by pavement. To retain visibility, deciduous trees have a clear trunk of at least five feet above the ground. The remaining area shall be landscaped with hardwood mulch, shrubs, and/or ground cover, not to exceed two feet in height. Trees shall be planted at least four feet from the edge of pavement where vehicles overhang.
1160.03 LANDSCAPING FOR SERVICE STRUCTURES.
Service structures shall be screened in all zoning districts. Service structures shall include but not be limited to: loading docks, propane tanks, dumpsters, electrical transformers, utility vaults and other equipment or elements providing service to a building or a site. Structures may be grouped together; however, screening height shall be based upon the tallest of the structures. A continuous planting of evergreen, fence, wall or earthen mound must enclose any service structure on all sides, unless such structure must be frequently moved or accessed, in which case screening material shall be established on three sides and shall be at least one foot taller than the height of the enclosed structure, but shall not be required to exceed ten feet in height in any case. If the fourth side is visible from the public right-of-way, it shall be gated and screened. Plant material used to screen a service structure shall be an evergreen species that retains its needles throughout the year. Deciduous plant material cannot be used to fulfill this screening requirement. The height of the evergreen plant material at installation must be equal to, or greater than, two-thirds of the height of the service structure(s) and meet the height and one hundred percent (100%) opacity requirement within four years. All plant material shall be nursery grown, installed, and maintained in accordance with good horticultural practices. Plant material shall meet current standards set by the American Association of Nurserymen and shall be freshly dug, have outstanding form and be free of disease, insects and/or damage. Alternatives to these materials that can be shown to meet both the intent and requirements of this Zoning Code may be approved if adequate evidence is presented that alternative means of screening will be equally effective.
1160.04 VEGETATED BUFFERS AND SCREENING.
(a) Buffers and screening may be required help mitigate impacts associated when different land use types are located next to each other and to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions. Physical buffers and visual screens between different, adjoining land uses are critical design elements that should be utilized to reduce undesirable visual impacts. In highly developed urban areas, visual screens should be a combination of structural elements (walls and fences) and non-structural, natural elements (berms and plantings). Structural screens should appear as extensions of a building's design repeating architectural features including building materials, textures and colors. Screening walls should not be painted, but constructed from high quality, long-lasting materials (such as brick, stone, and decorative block). A combination of structural screens and natural landscape plant materials should be provided between parking lots and sidewalks or other pedestrian use areas.
(b) Screening shall be required when nonresidential buildings or incompatible uses are proposed to be located next to land that is zoned with a residential category.
1160.05 PLANT MATERIALS.
Whenever in this Zoning Code a planting is required, it shall be installed within six (6) months from the date of issuance of a Zoning Certificate and shall thereafter be reasonably maintained with permanent, live plant materials. The use of a variety of plant materials is encouraged to create visual interest and the use of plant material native to the Sylvania area is encouraged.
1160.06 LANDSCAPING PLAN.
Preparation and approval of a Landscaping Plan is required when a Site Plan or Development Plan involves development or redevelopment of a single structure, or groups of structures that exceed 5,000 square feet in gross floor area collectively or individually. The Sylvania Department of Parks and Forestry shall also be consulted for recommended plant materials when Landscape Plans are to be prepared.
1160.07 GENERAL REQUIREMENTS FOR SUBMISSION OF LANDSCAPING PLAN.
Landscaping Plans required pursuant to Section 1160.06 shall be prepared by a Landscape Architect, registered in the State of Ohio.
1161.01 EXCEPTION FOR ESTABLISHED FRONT YARDS.
Where forty percent or more of the frontage on the same side of a street between two intersecting streets is developed with buildings that have a front yard greater or lesser in depth than otherwise required, new buildings shall be erected no closer to the street than the average front yard so established by the existing buildings, but may be erected using the average front yard so established. In the B-2, M-1 and M-2 Districts, the front yard need not exceed the specified front yard for the District.
1161.02 FRONT YARDS.
(a) Corner Lots. Where front yards have been established or may be required on each of two intersecting streets, there shall be a front yard on each street side of a corner lot, with the following two exceptions:
(1) In R Districts, where established front yards exceed twenty-five feet, only one front yard in excess of twenty-five feet shall be required.
(2) The building width of a lot of record need not be reduced to less than twenty-eight feet when the owner of such lot can show that ownership and control of any adjacent lot or lots of record are by another person.
(b) Through Lots. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Zoning Administrator may waive the requirement for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
1161.03 BUILDING PROJECTIONS.
The following rules shall apply to building projections into required yards:
(a) An enclosed balcony, fire escape, unenclosed and uncovered porch or metal awning may project into a required front or rear yard for a distance not exceeding ten feet, and into a required side yard not exceeding three feet.
(b) Sills, belt courses, cornices, eaves and ornamental features may project into required yards for a distance not exceeding twelve inches.
(c) An enclosed vestibule containing not more than forty square feet may project into a front yard for a distance not exceeding four feet.
1161.04 HEIGHT EXCEPTIONS.
(a) The following may exceed the maximum height regulations when erected in accordance with all other laws of the City: chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, lighthouses, solariums, steeples, penthouses, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, wireless, television or radio towers and necessary mechanical appurtenances.
(b) Public, semipublic or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty feet and churches and temples may be erected to a height not exceeding seventy-five feet when the required side and rear yards are each increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located.
1161.05 SOLAR PANELS.
Solar panels are allowed in any zoning district when located on a roof surface and do not protrude more than 12 inches above the roof surface it is attached to. Solar panels that are free-standing structures, supported on racking systems or other structural elements permanently affixed to the ground are considered to be a Special Uses pursuant to Chapter 1153.
1163.01 INTENT.
(a) Within the districts established by this Zoning Ordinance or amendments that may later be adopted, there exist lots, structures and uses of land and structures which were lawful before this Zoning Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Ordinance or future amendments thereto.
(b) It is the intent of this Zoning Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Zoning Ordinance to be incompatible with permitted uses in the districts involved.
1163.02 ENLARGEMENT AND EXPANSION PROHIBITED.
Nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this Zoning Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, except as provided in Section 1117.09(c), or by the addition of other uses of a nature which would be prohibited generally in the district involved.
1163.03 BUILDINGS UNDER CONSTRUCTION.
To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.
1163.04 NONCONFORMING USES OF LAND.
Where, at the effective date of adoption or amendment of this Zoning Ordinance, lawful use of land exists that is made no longer permissible under the terms of this Ordinance as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Ordinance.
(b) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Zoning Ordinance.
(c) If any such nonconforming use of land is voluntarily discontinued for two years or more, any subsequent use of such land shall conform to the regulations specified by this Zoning Ordinance for the district in which such land is located.
(d) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
1163.05 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No such structure may be enlarged or altered in a way which increases its nonconformity.
(b) Should such structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Zoning Ordinance.
(c) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
1163.06 NONCONFORMING USES OF STRUCTURES.
If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this Zoning Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No existing structure devoted to a use not permitted by this Zoning Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(b) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Zoning Ordinance, but no such use shall be extended to occupy any land outside such building.
(c) If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the Board of Appeals, either by general rule or by making findings in the specific case, finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accordance with the provisions of this Zoning Ordinance.
1163.07 CHANGE TO CONFORMING USE.
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
1163.08 DISCONTINUANCE OF USE.
When a nonconforming use of a structure, or structure and premises in combination, is voluntarily discontinued for two years or more, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.
1163.09 REPAIRS AND ALTERATIONS.
Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs which do not tend to prolong the life of supporting members of a building or structure such as bearing walls, columns, beams or girders. Incidental alterations are permitted which do not extend or intensify the nonconforming use.
1165.01 SIZE REQUIREMENTS AND LOCATION.
(a) A satellite dish of less than 39 inches in diameter, television/radio broadcast receiving antennas, and amateur “HAM” radio antennas is permitted as an accessory structure in all zoning districts. In residential districts, such dishes and antennas shall be located only on a roof or in rear or side yards.
(Ord. 57-2014. Passed 1-5-15.)
(b) A satellite dish that is 39 inches or larger, but less than 79 inches, is permitted as an accessory structure in any residential zoning district except that it may not be located in a in a required side yard or front yard and must be completely screened from view of the street or adjoining residential property with an opaque fence, extensions of building walls or dense landscaping.
(c) A satellite dish 79 inches or greater is not allowed in any Residential district.
1165.02 INSPECTION OF INSTALLATION.
Inspections of the installation of a satellite dish receiving station shall be conducted by the Zoning Administrator and may be reinspected should, in the opinion of the Zoning Administrator, any structural, electrical or other deficiencies become apparent or are suspected.
1165.03 SUPPORT STRUCTURES.
The erection, maintenance or use of a satellite dish receiving station located in a residential district shall be designed to withstand wind force of up to seventy miles per hour.
1166.01 PURPOSE.
The purpose of this chapter is to establish reasonable, consistent, content-neutral, and non- discriminatory requirements and standards for the erection and maintenance of signs within the City. Signs constitute a separate and distinct use of the land upon which they are placed and affect the use of adjacent streets, sidewalks and other public places open to the public. These standards are designed to protect and promote the public health, safety, and welfare of persons within the City of Sylvania.
(Ord. 1-2006. Passed 2-22-06.)
1166.02 SCOPE.
(a) This chapter governs the erection and display of all signs in the City of Sylvania, except those erected and displayed by the City, the State of Ohio and the United States in furtherance of their governmental responsibilities and those required by law to be erected and displayed.
(b) It shall be unlawful to erect or display on any building, structure or real property any sign subject to this chapter, except in conformance with the provisions of this chapter.
(c) The provisions contained in this chapter shall be considered separate from, supplemental to, and additional to the provisions contained elsewhere in this Code or other City ordinance. Nothing contained in this chapter shall excuse any person from compliance with all other applicable provisions of the Code.
(d) Wherever authority is to be exercised under this chapter by the Service Director, the Zoning Administrator, the Municipal Planning Commission, or the Architectural Review Board, the authority may also be exercised by a duly authorized designee.
(Ord. 1-2006. Passed 2-22-06.)
1166.03 PERMIT REQUIRED.
(a) All signs and temporary signs erected, placed, constructed or modified within the City, except those specifically excluded in this chapter, shall secure a permit pursuant to the provisions of this chapter. All new signs shall secure a permit before any work to erect or construct the sign or temporary sign begins.
(b) The following specific types of signs are allowed in all areas of the City and do not require a permit:
(1) Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.
(2) Any lawful traffic control signs permanently or temporarily located to control vehicular or pedestrian traffic, such as Stop, Yield, and similar signs, the face of which meet Department of Transportation standards and which contain no commercial message of any sort.
(3) Building marker/memorial commemorative plaques, symbols of or identification emblems of religious orders or recognized historical agencies which are cut into a masonry surface, fastened, or inlaid so as to be flat against or part of a building.
(4) Cemetery monuments.
(5) Street address signs, curb signs, and incidental signs.
(6) Signs that are part of the original construction of a vending machine, fuel pump, automatic teller machine, or similar device.
(7) Window displays, temporary window signs, or product displays that advertise goods or products available in the building, but only to the extent such temporary window signs comply with the requirements of Section 1166.07(h)(2)F. and which are otherwise in conformance with any other provision of this code.
(8) Customary religious symbols and holiday lights and decorations with no commercial message, but only for a reasonable period.
(9) Flags, political or corporate, but only to the extent such display is in compliance with the requirements of Section 1166.07(g)(2).
(10) Ornamental banners, but only to the extent such display is in conformance with the requirements of Section 1166.07(h)(2)A.1.
(11) Interior signs that are not legible from beyond the lot line of the zone lot or parcel on which such sign is located.
(12) Signs carried by a person.
(13) Real Estate Signs that conform to the requirements of Section 1166.07(h) and that are less than or equal to nine (9) square feet in size for so long as the real estate is being actively marketed.
(Ord. 1-2006. Passed 2-22-06.)
(14) Temporary Signs that conform to the requirements of Section 1166.07(h) and are less than or equal to nine (9) square feet in size may be displayed. This allowance shall not apply to banners, promotional banners, construction signs, future development signs, portable commercial signs, other Temporary Signs with a commercial message and other Temporary Signs larger than nine (9) square feet in size; and all such Temporary Signs shall be subject to permit as required in Section 1166.03(a). (Ord. 2-2013. Passed 4-15-13.)
(15) Works of art that do not include a commercial message and which are less than or equal to twenty-five (25) square feet.
(16) Curb signs. (Ord. 1-2006. Passed 2-22-06.)
(17) Temporary signs in zoning districts other than residential that conform to the requirements of Section 1166.07
(h) and are less than or equal to fifteen (15) square feet in size may be displayed.
(Ord. 2-2013. Passed 4-15-13.)
1166.04 DEFINITIONS.
For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them below:
(a) Abandoned Sign. Any sign that advertises a business, lessor, owner, product, service, or activity that is no longer located or present on the premises where the sign is displayed or for which no legal owner can be found.
(b) Animated Sign. A sign or other advertising structure that has lights or illuminations that flash, move, rotate, flicker, depict action, or create a scene, blink, vary in intensity or color, or use intermittent electrical impulses, or which has revolving, or rotating parts or other visible mechanical movements. An animated sign does not include a changeable copy sign as separately defined.
(c) Awning. A covering attached to a building or structure, erected in or over a window or door, and usually supported by a metal frame. A fixed covering erected over a public sidewalk or private walkway as a protection to an entrance of a building or structure. See "Canopy" and "Marquee."
(d) Awning Sign. A sign that is attached to or otherwise a part of an awning.
(e) Banner. Any sign of lightweight fabric or similar material that is mounted to a pole, staff, or a building by a string, rope, wire, or frame at one or more edges. Flags shall not be considered banners. See Ornamental Banner, Pennant Banner, Promotional Banner and/or Street Banner.
(1) Ornamental banner. An artistic and decorative banner attached top and bottom (or two sides) to permanent structural members on a post or building erected for another purpose and used by the City, art groups, civic groups, or commercial organizations to give a festive appearance to a plaza, street, mall, or other public or quasi-public space.
(2) Pennant banner. A lightweight plastic, fabric, or other material suspended from a rope, wire, or string, usually in series, designed to move in the wind. Rows of flapping pennants typically do not communicate any essential message other than to attract the attention of a passerby.
(3) Promotional banner. A temporary banner used as a supplemental sign to make special public announcements, communicate events of general civic interest, or to announce sales, open houses and grand openings.
(4) Street banner. A banner extending across a street, road, highway or alley.
(f) Canopy. A roof-like structure typically extending from part or all of a building face over a public right of way or private vehicular or pedestrian space, and constructed of some durable material such as metal, glass, plastic, or canvas supported at all corners or extremities by poles, posts, or direct attachment to a building; a canopy typically has little vertical or wall space on it and is only as thick as necessary to create a functional roof. See "Awning" and "Marquee."
(g) Canopy Sign. Any sign attached to or constructed in or on a canopy or marquee.
(h) Changeable Copy Sign. A sign, or portion thereof with letters, numbers or illustrations that can be periodically changed or rearranged without altering the face of or surface of the sign. A changeable copy sign displays message and/or graphics with electronic or mechanical means, is not animated, and remains unchanged for at least 3 seconds.
(i) Commercial Message. Any sign working, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.
(j) Contractor Sign. A temporary, freestanding sign located on the premises of a construction site that may contain advertising in connection with the name of the building contractor or subcontractor, and may refer to materials, appliances, supplies, and building trades used in the construction.
(k) Curb Sign. Any sign composed of one or more numerals painted on a curb located within a public right-of-way which designates the address of the premises upon which it is located.
(l) Embellishment. A purely decorative adornment or structural trim on a sign which includes letters, figures, characters, or representations in cutouts or irregular forms or similar ornaments attached to or superimposed upon a sign, as well as any molding, battens, capping, nailing strips, latticing, and platforms which are attached to a sign structure. An embellishment shall not include any design which appears in the corporate logo of the business or products advertised; or a symbol or representation which typifies the nature of the business or products advertised. (Ord. 1-2006. Passed 2-22-06.)
(m) Flag. Any fabric containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, corporation, or other entity (subject to Section 1166.07
(g)(2)). Examples of flags include the flag of the United States, the State of Ohio, the City of Sylvania, foreign nations having diplomatic relations with the United States, corporate flags, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction.
(Ord. 84-2006. Passed 8-21-06.)
(n) Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that is independent from any building or other structure.
(o) Future Development Sign. A temporary, freestanding sign located on the premises of a proposed development construction project which may contain advertising in connection with the name of the development firm, engineer, architect, development firm, building contractor, or real estate firm and may depict a plat map and conceptual drawings of the construction.
(p) Hazardous Sign. A sign which is hazardous to the public health or safety.
(q) Identification Sign, Area. A decorative sign, free-standing or affixed to a wall or fence, which only identifies the name and/or address of a neighborhood, residential subdivision, multiple residential complex, or commercial or industrial complex.
(r) Identification Sign, Building. Any sign stating the use and name given to the use of a building, structure or area when such use is permitted in the district in which the sign is located.
(s) Incidental Signage. A sign less than or equal to three (3) square feet in size or groups of such signs related to secondary purposes of the use of the subject property which does not contain a commercial message legible from a position off the zone lot from which sign is located. Incidental signage includes warnings and vehicular directional signage such as "no parking," "no solicitation," "no trespassing," "beware of dog," security alarm warnings, "caution," "entrance," "exit," "loading zone," "reserved parking spaces," "handicapped parking spaces," "telephone," etc. Incidental signage may also indicate the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
(t) Institutional Bulletin Board. A sign which primarily displays the name of an organization and/or upcoming events of that organization.
(u) Low Profile Sign. A freestanding sign where the base of the sign structure is a maximum of twelve (12) inches above the adjacent grade affixed to the ground by supports, but not having the appearance of a solid base.
(v) Marquee. A fixed covering erected over a public or private walkway as a protection to an entrance of a building or structure. See "Awning" and "Canopy."
(w) Mobile Sign. A portable sign mounted on a trailer.
(x) Monument Sign. A freestanding sign where the base of the sign structure is on the ground and where the sign is supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles.
(y) Motor Vehicle Sign. Any sign on or attached to a motor vehicle or trailer, other than a public transportation vehicle, which is used for displaying general commercial advertising. Motor vehicle signs do not include customary identification and logos utilized in the normal business or work of the vehicle owner, or for sale signs.
(z) Multiple-Face Sign. Any sign having two parallel planes or surfaces.
(aa) Nonconforming Sign. Any sign which was erected and maintained prior to the effective date of this Sign Code, and any subsequent amendments thereto, and which fails to conform to all applicable regulations and restrictions of this Sign Code.
(bb) Normal Grade. Normal grade shall be construed to be the lower of either the existing grade prior to construction, or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.
(cc) Off-Premise Signs. A sign which advertises an activity, service or product located on property other than property at which such activity or service occurs or which product is sold or manufactured, or an advertising device erected by a company or individual for the purpose of selling advertising messages for profit.
(dd) On-Premise Signs. A sign which is located on the same site as the activity or property advertised, and has as its purpose the identification of the activity, its products or services, or the sale or lease of the property on which the sign is located, rather than the purpose of general advertising. It must be located upon property either owned or leased and used by the advertised business or profession for the purpose of conducting the business activity.
(ee) Permanent Sign. A sign attached to a building, structure, or the ground in a manner that enables the sign to resist environmental loads, such as wind, and precludes ready removal or movement of the sign.
(ff) Projecting Sign. Any sign affixed to a building or wall in such a manner that its leading edge extends, in whole or in part, more than eighteen (18) inches beyond the surface of such building or wall.
(gg) Pole-Mounted Sign. A freestanding sign supported by one or more pole structures anchored in the ground and independent from any building or other structure.
(hh) Political Campaign Temporary Sign. Freestanding temporary signs advocating or opposing a candidate for public office or a position on an issue to be determined at an election.
(ii) Portable Commercial Sign. Temporary signs with a commercial message which are not permanently affixed into the ground or to a building or structure and which can easily be picked up and moved to another location.
(jj) Real Estate Sign. Any sign advertising the sale, lease, or rental of real estate which is placed upon the property so advertised.
(kk) Roof Line. The line composed of the highest points of the vertical exterior enclosing walls of a building or structure.
(ll) Roof Sign. Any sign erected on or affixed to a building or structure which extends, in whole or in part, above the roof line.
(mm) Service Director. The Service Director of the City of Sylvania. References to the Service Director in this Chapter shall include a duly authorized designee.
(nn) Sign. Any letters, parts of letters, words, figures, numerals, emblems, devices, designs, displays, drawings, trademarks, posters, handbills or any other objects which: (i) are designed, intended, or used to advertise or make known, designate or attract attention to any person or any thing (such as a person, place, event, product or business), (ii) are visible to persons located outdoors, and (iii) are capable of attracting the attention of such persons. A sign shall include any supporting structures or equipment used to display the sign face.
(oo) Street Frontage. The distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
(pp) Temporary Sign. Any sign not intended for permanent installation, such as promotional and street banners and signs at construction sites. They may also be incidental or miscellaneous in nature, such as political campaign temporary signs and real estate signs.
(qq) Visible. Capable of being seen and comprehended without visual aid by a person.
(rr) Wall Sign. Any sign attached parallel to, but within eighteen (18) inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
(ss) Window Sign. Any sign placed inside a window in a building or structure or upon the window panes or glass such that it is visible from the exterior of the window.
(tt) Zone Lot. A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning regulations.
(uu) Zoning Administrator. The Zoning Administrator of the City of Sylvania. References to the Zoning Administrator in this Chapter shall include duly authorized designees.
(Ord. 1-2006. Passed 2-22-06.)
1166.05 COMPUTATIONS.
(a) Computation of Sign Area. The aggregate surface area of a sign or of all the signs on a property shall be calculated as follows:
(1) The area of a sign (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the copy, representation, emblem, and/or other display;
(2) The area of a sign, or any portion thereof, shall exclude any decorative embellishments and any supporting framework, bracing, or decorative fence or wall when such structures do not have letters, parts of letters, words, figures, numerals, emblems, devices, designs, trademarks, posters, handbills or other objects affixed thereon and is clearly incidental to the display itself. Freestanding sign structures may extend above the allowable height and/or permitted horizontal dimension for the purposes of sign structure enhancement or embellishment, provided such extension does not exceed a maximum of twelve (12) inches on any side;
(3) The area of a sign, or any portion thereof, having a distinctive or ornamental background which sets the background apart from a larger surface so that it forms an integral part or element of the sign, including any frame that forms an integral part of the display or is used to differentiate the sign from the backdrop or structure against which it is placed, shall include the area of the background;
(4) If any portion of the words, symbols or pictorial elements of a sign extends beyond a border or background, the area of that portion of the sign shall be the area of a rectangle inscribed around it;
(5) The area of any sign hung, placed, painted or displayed on a marquee or awning shall be included in determining the total area of signs erected or displayed;
(6) The total area of a double-face sign shall be considered to be the area of the largest face;
(7) The total area of a sign having more than two faces shall be the sum of the area of all the faces of the sign, less the area of the smallest face;
(8) The total area of spherical, free-form, sculptural, or other non-planar signs shall be seventy-five (75) percent of the sum of the areas using only the four vertical sides of the smallest cube that will encompass the sign;
(9) The total area of all signs shall not include temporary window signs.
(b) Computation of Freestanding Sign Height. The height of a freestanding sign shall be computed as the distance from the base of the sign at a normal grade to the top of the highest attached component of the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street, or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.
(Ord. 1-2006. Passed 2-22-06.)
1166.06 PROHIBITED SIGNS.
Unless otherwise specifically authorized by this chapter, the following signs are prohibited, regardless of their location in the City, and will not be issued a permit:
(a) Abandoned Signs;
(b) Advertising Vehicles. No person shall operate or park any vehicle or trailer on a public right of way, or on public property so as to be visible from a public right of way, which vehicle or trailer has attached thereto or located thereon any sign or advertising device, for the purpose of advertisement of products or directing people to a business or activity located on the same or nearby property or on any other premises. This prohibition is not intended to prohibit any form of vehicular signage, such as a sign attached to a bus or lettered on a motor vehicle, unless the primary purpose of such vehicle is for such advertising.
(c) Animated Signs.
(d) Hazardous Signs.
(e) Mobile and Portable Commercial Signs.
(f) Motor Vehicle Signs. (Ord. 1-2006. Passed 2-22-06.)
(Ord. 84-2006. Passed 8-21-06.)
(h) Pennant Banners.
(i) Pole-Mounted Signs.
(j) Roof Signs.
(k) Signs Affixed to Certain Property. No sign may be painted, marked, written, posted or displayed on or otherwise affixed to any street sign or traffic sign, sidewalk, crosswalk, curb, curbstone, street lamp post, hydrant, railroad trestle, electric light or power pole or telephone pole or wire appurtenance thereof, fixture of the fire alarm system, public bridge, drinking fountain, natural features such as trees, shrubs, rocks or tree stakes or guards, provided however that signs posted for the purpose of identification on a utility structure for safety and maintenance may be erected and displayed.
(Ord. 1-2006. Passed 2-22-06.)
(l) Signs Encroaching Upon a Public Right-of-Way. Except as specifically authorized by the issuance of a Certificate of Appropriateness by the Architectural Review Board for signs in the B-3 Central Business District, no sign, marquee or awning, or any part thereof, or any part of the foundation or support thereof, may be erected if displayed on, over or across any street, road, highway, alley, sidewalk, public parking lot, or other public right-of-way unless an ordinance authorizing such encroachment has been enacted by City Council. However, any banners authorized pursuant to Section 1166.07
(h)(2)A. and curb signs are permitted as provided elsewhere in this chapter;
(Ord. 84-2006. Passed 8-21-06.)
(m) Signs Interfering with Traffic.
(1) No sign may be erected or displayed which simulates any traffic control or warning signs, light or device and which is visible from any street, road, highway, alley, parking area or other area utilized by motor vehicles;
(2) No sign may be erected or displayed which obstructs, obscures or impairs the free and clear vision of motorists on a public right-of-way or which interferes with, misleads, confuses or endangers motorists or pedestrians;
(3) No sign may be erected or displayed which utilizes a spotlight or other device which projects a beam of light in the direction of any street, road, highway, alley or parking area.
(Ord. 1-2006. Passed 2-22-06.)
1166.07 STANDARDS FOR PERMITTED SIGNS.
Unless otherwise specifically provided by this chapter, all signs located in the City shall be subject to the following limitations, and no permit shall issue for a sign or temporary sign except to the extent that the sign or temporary sign shall conform to these standards:
(a) Maximum Number of Signs.
(1) Except as specifically provided in this chapter, no zone lot shall be permitted more than two signs of different types or more than one sign of any particular type.
(2) In the case of a zone lot with access ways on two streets, there shall be permitted two signs of the same kind, one per access way, and a third sign of a different type.
(3) Only one freestanding sign per 250 linear feet of street frontage shall be permitted on any zone lot. (For example: a lot with 500 linear feet to 749 linear feet of street frontage may be permitted to have two (2) freestanding signs.)
(b) Location and Configuration.
(1) Building signs. A building sign may include an awning sign, a canopy sign, a marquee sign, a double faced projecting sign extending at an angle from the building wall, a single-faced wall sign flat against the wall, a window sign, or any similar sign that is attached to a building.
A. Awning, Canopy, and Marquee Signs. Such signs may be attached to roof-like structures extending from a building wall or covering a fuel service island, provided such signs are made a part of the awning, canopy, or marquee and do not extend above the vertical surface of the canopy.
B. Projecting Signs. Signs projecting at an angle from the building wall shall not project more than four feet from the building wall, or within one foot of an established curb line, whichever is less. A projecting sign may not encroach upon a public right-of-way unless City Council has enacted an encroachment ordinance. The bottom of any sign projecting at an angle from a wall shall be at least ten feet above the sidewalk or finish grade line and at least fourteen feet above an alley or parking area. The top of any projecting sign shall not project above the roof line of the building wall to which the sign is attached.
C. Wall Signs. Wall sign placement shall be determined by the Board of Architectural Review. The following guidelines may guide the Board's review:
1. The top edge of the sign should not project above the lower edge of the second story window sills;
2. The sign should not cover or obscure any architectural feature or detail of the building onto which it is placed. (Architectural features or details may not be removed from a building to accommodate a sign without the express approval of the Architectural Review Board);
3. The top edge of the sign should not project above the top of the building;
4. The bottom edge of the sign should be positioned at least eight (8) feet above grade level and the top edge of the sign should not be higher than ten (10) feet from the top of the storefront's entrance and display windows. A wall sign should not project below or above the signboard area of a building;
5. The sides of a sign should be positioned so as not to extend past the length of the storefront area;
6. The sign should be placed flush against the facade of the building and should not project more than eighteen (18) inches from the surface of the wall onto which it is mounted.
(2) Freestanding signs. No freestanding sign shall be located closer than fifty (50) feet to an adjacent lot line included in any "R" District. Signs with more than four faces are prohibited.
(c) Maintenance of Signs.
(1) All signs, marquees and awnings shall be maintained at all times in a safe structural condition and in a neat and clean condition, and shall be kept free from defective or missing parts or peeling paint. Signs which provide time and/or temperature readings must be maintained to reflect current readings.
(2) It shall be unlawful to reconstruct a sign that is damaged beyond fifty (50) percent of its replacement cost, or otherwise modify a sign to the extent that the cost of such modification is more than fifty (50) percent of its replacement cost, except in conformance with the provisions of this code.
(3) All permanent signs, and the illumination thereof shall be designed, constructed and maintained in conformity with applicable provisions of the building and electrical codes adopted by the City. Wherever there is inconsistency between these sign regulations and the building or electrical code, the more stringent requirement shall apply.
(4) All permitted signs shall be maintained perpetually by the property owner, and, in addition at the option of the property owner, any of the following: the owner of the sign, a pertinent homeowners association, or some other person who is legally accountable.
(5) All signs, including their supports, braces, guys, and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in a state of good repair in accordance with the building and electrical codes adopted by the City, and shall present a neat and clean appearance.
(6) The vegetation around, in front of, behind, and underneath the base of freestanding signs for a distance of ten (10) feet shall be neatly trimmed and free of unsightly weeds, and no rubbish or debris shall be permitted under or near the sign.
(7) Notice and removal. The Service Director may cause to be removed after due notice any sign or any portion of its structural elements or its supporting framework which shows gross neglect, becomes dilapidated, or has ground area around it that is not well maintained in accordance with the provisions of this Chapter. The Zoning Administrator will give the owner ten (10) days written notice by certified mail to correct the deficiencies or remove the sign(s). If, after written notice to the owner, signs are not repaired or removed within ten (10) days of the notice, the Service Director shall cause the removal and charge the cost to the owner. Such cost, at the discretion of the Service Director, may be recorded as a mechanics lien against the property.
(d) Abandonment of Signs.
(1) It shall be unlawful to refurbish, reconstruct, change sign faces, text or messages upon any sign that has been abandoned or experienced an interruption of use for six (6) or more months, except in conformance with the provisions of this code.
(2) Whenever a sign is abandoned or the use of a building or structure or real property is discontinued, all signs pertaining to that use which were previously erected or displayed shall be removed within six (6) months of the discontinuance of the use. Sign supports and frames for abandoned signs shall be allowed to remain at the option of the Zoning Administrator if they fully conform to this chapter, if they would most likely be reconstructed in the same place and manner by a subsequent owner, and if they add real estate value to the property. It shall be the responsibility of the owner of the building, structure, or real property to accomplish the removal. If, after written notice to the owner, such signs are not removed within ten (10) days of the notice, the Service Director shall cause the removal without notice or action from the City and charge the cost to the owner. Said cost may, at the discretion of the Service Director, be recorded as a mechanics lien against the property.
(Ord. 1-2006. Passed 2-22-06.)
(e) Illumination of Signs. Where permitted as set forth in the tables found in Sections 1166.08
to 1166.14
, signs may be illuminated internally or by reflected light having constant intensity of illumination. The source of light for signs shall not be directly visible, and shall be so arranged as to reflect away from the adjoining premises. The illumination shall be so placed as not to cause confusion or hazard to traffic, or conflict with traffic control signs or lights. (Ord. 84-2006. Passed 8-21-06.)
(f) Reflection Devices on Signs. No sign shall contain any reflective device.
(g) Special Types of Permanent Signs.
(1) Area identification signs. Area identification signs shall only be permitted with a sign permit at an entrance to a development and shall only contain the name and address of the area or subdivision allowed on the sign. If placed in a boulevard, such placement shall be subject to review by the Service Director who shall consider site distance issues and safety concerns.
(2) Flags. The display of flags shall be subject to the following limitations:
A. Flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes;
B. A flag shall not exceed 60 square feet in area;
C. There shall be no more than three (3) flagpoles per zone lot, the top of which may not exceed 40 feet in height;
D. There shall be no more than two flags per pole;
E. No rooftop flagpoles shall be permitted;
F. A corporate flag may only be flown without a permit when flown along with the U.S. flag;
G. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such. (Ord. 1-2006. Passed 2-22-06.)
(3) Gasoline service stations. Gasoline service stations whose principal business is the sale of motor fuel may display the following signs in addition to those authorized by state law under consumer protection statutes and this Chapter.
A. One double-faced sign not exceeding five square feet on a side is permitted for each set of motor fuel pumps identifying them as "self-service" or “full service”.
B. Multiple single or double-faced signs, having a total aggregate surface area, including the sign frames and surrounding surfaces, of not more than fifteen square feet for single faced or double faced signs, with the total area of a double-faced sign being the area of the largest face, are permitted for the display of information. The top of such sign shall not extend more than seven feet above the finished grade of the service station. Such signs shall be fixed, and shall not be located nearer to the street than the motor fuel pump islands that are nearest such street, and such signs shall not be illuminated.
C. Signs limited to the identification of the brand name, logo or type of fuel sold and other signs as may be required by law shall be permitted on the motor fuel pumps.
D. Any such signs as may be required by law.
(4) Vending machine signs located outside a building and legible from any public right-of-way shall be counted as a sign for purposes of determining the number and aggregate surface area of signs permitted on a zone lot. (Ord. 84-2006. Passed 8-21-06.)
(h) Temporary Signs.
(1) General requirements. Temporary signs shall be permitted only in accordance with the following regulations and other applicable regulations of this chapter, the Building Code, or other City ordinances, except that temporary signs shall be permitted in addition to the maximum number of signs as provided in Section 1166.07
(a).
A. Permit Required. Unless specifically identified as not requiring a permit in Section 1166.03
, all temporary signs shall require a sign permit.
B. Sign Area. Temporary signs requiring a permit shall be limited in size to nine (9) square feet in residential zoning districts and limited to fifty (50) square feet in all other zoning districts.
C. Display Period. Temporary signs shall be permitted for a specific period not to exceed one (1) year or such other period as specified herein.
D. Location. Temporary signs shall not be placed on any public property, public right-of-way, public utility facility, utility pole, lamp post, electric light, railway, shade tree, fire hydrant or any box covering them, bridge or bridge abutment, pavement, sidewalk, crosswalk, public building, or any property belonging to the City.
E. Condition. Temporary signs may be displayed only so long as they remain in good structural condition. In addition, all temporary signs shall be kept neatly painted, stained, sealed and preserved, including all metal parts and all supports.
F. Removal of Temporary Signs. If a temporary sign is unpermitted, illegally placed, or non-conforming in condition the Zoning Administrator or his designee may have it removed.
(Ord. 2-2013. Passed 4-15-13.)
(2) Special temporary sign classifications and regulations.
A. Banners:
1. Street Banners. A street banner may be erected or displayed for up to thirty (30) days in a business district on the Toledo Edison poles within the public right-of-way at the 5800 block of Monroe Street, or for up to fourteen (14) days in a business district across the downtown block of Main Street between Maplewood Avenue and Monroe Street, subject to the following terms and conditions:
(Ord. 20-2018. Passed 5-21-18.)
a. The bottom of the banner must be mounted at least eighteen (18) feet above the roadway, or in accordance with the latest National Electrical Safety Code and/or local safety codes.
b. Provisions must be made for air escapement in street banners and should be at least thirty-five percent (35%) of the total banner area.
c. Street banners must have a minimum of four (4) “tie downs”, which shall be of nonconducting material. (Ord. 36-2010. Passed 4-19-10.)
d. All street banners must be installed by the City of Sylvania. The fee to install the street banners is $840.00. (Ord. 26-2024. Passed 4-1-24.)
e. The City of Sylvania will perform inspections of the banner installations and reserve the right to remove the banners anytime for the matter of safety and health and public welfare.
f. The fee for obtaining the permit to install the banner shall be set at $100.00.
g. The Council of the City of Sylvania will review and grant permission to install banners on an application- by-application basis.
h. The purpose of the banner installation shall be one of the following reasons: a Sylvania charitable or civic event.
i. Banners may not be installed for private commercial or political gain.
j. The organization shall procure and maintain during the term of banner installations at their own expense the following insurance:
i. Commercial General Liability Insurance with limits not less than one million dollars ($1,000,000.00) combined single limit per occurrence, one million dollars ($1,000,000.00) annual aggregate.
ii. The City, along with the Company, its officers, agents and employees shall be named as an additional insured.
iii. An ACCORD Certificate of Insurance Form 25-S and a copy of the above endorsement shall be filed with the City's Clerk of Council at the time the organization obtains the application/permit. The Certificate shall contain a provision that coverage afforded under this policy shall not be canceled or allowed to expire until at least 30 days prior written notice has been given to the City. The organization shall thereafter maintain current with the City both the Certificate and Endorsement until such time as the encroachment shall be terminated.
iv. The organization, their successors and assigns agree to defend, hold harmless and indemnify the City of Sylvania officials, officers, agents and employees against any and all loss, damage, claims or expense whatsoever by reason of injury (including death) to any person or property arising in any manner or under any circumstances whatsoever from the use, occupancy, operation or other activities by which the organization in connection with the banners whether said injury or damage is suffered by the organization, their agents, subcontractors, vendors, employees, or any other person whomsoever who seek to hold the City, its officials, agents, and/or employees liable.
(Ord. 36-2010. Passed 4-19-10.)
2. Promotional Banners.
a. The area of all promotional banners displayed for a business or other non-residential use shall be limited to 25 percent of the maximum permitted permanent sign area for the zone lot.
b. Each business or use shall display banners for no more than sixty (60) days during any calendar year.
c. Banners shall be displayed only as wall, window, canopy, awning, marquee, or projecting signs in accordance with the applicable regulations pertaining to each sign type.
d. Banners may be displayed over a permanent sign frame until construction of a new permanent sign for a period which may not exceed sixty (60) days.
(Ord. 1-2006. Passed 2-22-06.)
3. Ornamental Banners. Ornamental banners may be erected or displayed in any zoning district.
(Ord. 84-2006. Passed 8-21-06.)
B. Construction Signs. One temporary construction sign permit may be issued for an on-premises sign in connection with a construction project. One additional construction sign may be erected if the project is located on an intersection of two existing streets. A construction sign may be erected for a period no more than seven (7) days prior to the beginning of construction for which a valid temporary zoning permit has been issued and shall be removed seven (7) days after completion and/or prior to occupancy. In no case shall the time period exceed one year.
CONSTRUCTION SIGN REQUIREMENTS | |||||
District | Max. Area Per Individual Sign Face | Maximum Height | Maximum Width | Setback Front * | Setback Side & Rear * |
All Residential | 12 s.f. | 3.5 ft. | 4 ft. | 10 ft. | 5 ft. |
All Commercial | 50 s.f. | 8 ft. | 8 ft. | 8 ft. | 5ft |
All Industrial | 100 s.f. | 10 ft. | 8 ft. | 10 ft. | 5 ft. |
* Signs located within sixty (60) feet of a street intersection or a railroad and a street intersection must provide a clear view between heights of two and one-half (2-½) feet and ten (10) feet. | |||||
C. Future Development Signs. One on-premises, temporary future development sign permit may be issued in connection with a proposed construction project. A future development sign may be erected not more than one year prior to the anticipated beginning of construction. An extension of up to one year may be granted upon satisfactory evidence that construction will begin within the extension period.
FUTURE DEVELOPMENT SIGN REQUIREMENTS | |||||
District | Max. Area Per Individual Sign Face | Maximum Height | Maximum Width | Setback Front * | Setback Side & Rear * |
All Residential | 32 s.f. | 8 ft. | 4 ft. | 20 ft. | 20 ft. |
All Commercial | 64 s.f. | 10 ft. | 14 ft. | 30 ft. | 30 ft. |
All Industrial | 100 s.f. | 10 ft. | 14 ft. | 30 ft. | 30 ft. |
D. Portable Commercial Signs. A portable commercial sign with one or two faces may be permitted. The permit for a portable sign shall be valid for only one year from the date the permit is granted.
E. Real Estate Signs. A real estate sign shall be permitted as of the date of continuous, active sales promotion efforts of the zone lot.
F. Window Signs.
2. Temporary window signs shall not exceed thirty (30) percent of the total window area of each ground floor occupancy of a building.
3. Temporary window signs shall be allowed without a permit for no more than 30 consecutive days two times per year.
(Ord. 1-2006. Passed 2-22-06.)
1166.08 SIGNS PERMITTED IN RESIDENTIAL DISTRICTS.
SIGNS PERMITTED IN RESIDENTIAL DISTRICTS | |||||||||||
Land Use | Sign Style | Sign Type | Permitted Signs (#1) | Max. No. Per Zone Lot | Max. Area Per Zone Lot | Max. Area Per Individual Sign Face | Max. Ht. From Grade (#2) | Setback Front | Setback Side & Rear (#2) | Other Requirements | |
R-1, R-1A, R-2, and R-2A Residential Uses | Unlighted only (#3) | ||||||||||
Freestanding Signs | |||||||||||
Low Profile Sign (#4) | P | 1 | 50 s.f. | 4 ft. | 10 ft. | 5 ft. | |||||
Area Identification Sign | P | 1 per development entrance | 50 s.f. | 4 ft. | 10 ft. | 5 ft. | 14 ft. maximum width | ||||
Building Signs | |||||||||||
Identification Sign (#5) | P | 1 per building | – | 1-1/2 s.f. | – | – | – | ||||
R-3 and R-4 Residential Uses and Non- Residential Business Uses | The lesser of 100 s.f. or 0.5 s.f. per lineal foot of street frontage | External illumination only (#3) | |||||||||
Freestanding Signs | |||||||||||
Low Profile or Monument Sign (# 4) | P | 1 per 250 lineal feet of street frontage | 50 s.f. | 6 ft. | 10 ft. | 5 ft. | |||||
Area Identification Sign | P | 1 per development entrance | 50 s.f. | 3.5 ft. | 10 ft. | 5 ft. | 14 ft. maximum width | ||||
Building Signs | |||||||||||
Identification Sign (#5) | N | 1 per building entrance | – | 1-1/2 s.f. | – | – | – | ||||
Land Use | Sign Style | Sign Type | Permitted Signs (#1) | Max. No. Per Zone Lot | Max. Area Per Zone Lot | Max. Area Per Individual Sign Face | Max. Ht. From Grade (#2) | Setback Front | Setback Side & Rear (#2) | Other Requirements | |||||||||
Non-Residential, Institutional Uses (Such uses may include, but are not necessarily limited to churches, schools, and cemeteries) | The lesser of 100 s.f. or 0.5 s.f. per lineal foot of street frontage | Internal and external illumination permitted (#3) | |||||||||||||||||
Freestanding Signs | |||||||||||||||||||
Institutional Bulletin Board(#6) | P | 1 | 50 s.f. | 50 s.f. | 8 ft. | 10 ft. | 5 ft. | ||||||||||||
Low Profile or Monument Sign (#4) | P | 1 per street frontage | The lesser of 50 s.f. or 0.2 s.f. per lineal foot of building facade facing the street | 50 s.f. | 8 ft. | 10 ft. | 5 ft. | ||||||||||||
Building Signs | |||||||||||||||||||
Identification Sign (#5) | N | 1 per building | 1-1/2 s.f. | – | – | – | |||||||||||||
Wall Sign | P | 1 | – | 10 s.f. | – | – | -- | ||||||||||||
Footnotes to Signs Permitted in Residential Districts: | |||||||||||||||||||
1. | P = Sign permit required; N = No sign permit required. No sign may be erected or displayed without the permission of the owner or the lawful occupant of the property. | ||||||||||||||||||
2. | Signs located within sixty (60) feet of the midpoint of a street intersection where traffic may not be required to stop, or a railroad and a street intersection must provide a clear view between heights of two and one-half feet and 10 feet. | ||||||||||||||||||
3. | No direct light or significant glare from sign illumination shall be cast onto any right-of-way or adjacent zone lot that is zoned or used for residential purposes. No exposed bulbs or signs of excessively bright luminance are permitted. | ||||||||||||||||||
4. | No commercial message allowed on sign, except for a commercial message drawing attention to an activity permitted and conducted on the premises. | ||||||||||||||||||
5. | Only name and address of occupant allowed on sign. | ||||||||||||||||||
(Ord. 1-2006. Passed 2-22-06.)
1166.09 SIGNS PERMITTED IN "B-1" LIMITED BUSINESS AND OFFICE DISTRICT AND "B-1-B" MODIFIED BUSINESS AND OFFICE DISTRICTS.
SIGNS PERMITTED IN “B-1" LIMITED BUSINESS AND OFFICE DISTRICT AND “B-1-B” MODIFIED BUSINESS AND OFFICE DISTRICTS. | ||||||||||
Sign Style | Sign Type | Permitted Signs (#1) | Max. No. Per Zone Lot | Max. Area Per Zone Lot | Max. Area Per Individual Sign Face | Max. Width | Max. Ht. From Grade (#2) | Setback Front (#2) | Setback Side & Rear (#2) | Other Requirements |
All Permitted Signs in B-1 and B-1-B Business Districts | Internal and external illumination permitted with a sign permit (# 3) | |||||||||
Freestanding Signs | ||||||||||
Area Identification Sign | P | 1 per development entrance | 70 s.f. | 14 ft. | 6 ft. | 10 ft. | 10 ft. | |||
Low Profile or Monument Sign | P | 1 | -- | 70 s.f. | 10 ft. | 8 ft. | 10 ft. | 5 ft. | ||
Building Signs | ||||||||||
Awnings | P | 2 | -- | 25% of vertical surface of awning | -- | (# 4) | 5 ft. | 5 ft. | ||
Canopy or Marquee Sign | P | 1 | 10% of wall area of which such sign is a part | 25% of vertical surface of canopy or marquee | -- | (# 4) | 3 ft. from curb face | 5 ft. | ||
Identification Sign | N | 1 per building | 1.5 s.f. | 1.5 s.f. | -- | – | – | – | (# 5) | |
Projecting Sign | P | 1 | 10% of wall area of which such sign is a part | 40 s.f. | 8 ft. | (# 4) | – | – | ||
Suspended / Swinging Sign | P | 1 per entrance | 12 s.f. | 6 s.f. | 6 ft. | (# 4) | – | – | ||
Wall Sign | P | 1 per building unit (# 6) | – | 40 sq. ft. | – | – | – | – | ||
Permanent Window Sign | P | 1 | – | 25% of the total window area of each ground floor occupancy of a bldg. (# 7) | -- | 12 ft. | – | -- | ||
(Ord. 84-2006. Passed 8-21-06.)
Footnotes to Signs Permitted in B-1 and B-1-B Business Districts: |
Footnotes to Signs Permitted in B-1 and B-1-B Business Districts: | |
#1. | P = Sign permit required; N = No sign permit required No sign may be erected or displayed without the permission of the owner or the lawful occupant of the property. |
#2. | Signs shall not be allowed to project over public rights of way. Signs located within sixty (60) feet of a street intersection or a railroad and a street intersection must provide a clear view between heights of two and one-half (2-1/2) feet and 10 feet and shall not be located within 10 feet of a curb line or a paved roadway. |
#3. | No direct light or significant glare from sign illumination shall be cast onto any right-of-way or adjacent zone lot that is zoned or used for residential purposes. No exposed bulbs or signs of excessively bright luminance are permitted. |
#4. | A vertical clearance of 9 feet is required from a sidewalk, private drive, or parking area. Signs attached to the underside of a canopy or marquee shall have a minimum clearance of 8 feet from same. Where applicable, a vertical clearance of 14 feet is required from a public street. |
#5. | Only name and address of occupant allowed on sign. Identification wall signs not exceeding 4 square feet in area with non-illuminated letters may be permitted in addition to regulated signage. |
#6. | Premises fronting on more than one public right of way may not combine permissible signs for one frontage with another frontage for the purpose of placing the combined area of signs on the frontage. |
#7. | The percentage figure here shall mean the percentage of the area of the wall of which such sign is a part or to which each such sign is most nearly parallel. |
(Ord.1 -2006. Passed 2-22-06.)
1166.10 SIGNS PERMITTED IN PROFESSIONAL-RESEARCH-OFFICE DISTRICT.
SIGNS PERMITTED IN PROFESSIONAL-RESEARCH-OFFICE DISTRICT | ||||||||||
Sign Style | Sign Type | Permitted Signs (# 1) | Max. No. Per Zone Lot | Max. Area Per Zone Lot | Max. Area Per Individual Sign Face | Max. Width | Max. Ht. From Grade (#2) | Setback Front (#2) | Setback Side & Rear (#2) | Other Requirements |
All Permitted Signs in P-R-O Districts | Internal and external illumination permitted with a sign permit (# 3) | |||||||||
Freestanding Signs | ||||||||||
Area Identification Sign | P | 1 per development entrance | – | 70 s.f. | 14 ft. | 6 ft. | 10 ft. | 10 ft. | ||
Low Profile or Monument Sign | P | 1 | – | 70 s.f. | 10 ft. | 8 ft. | 10 ft. | 10 ft. | ||
Building Signs | ||||||||||
Awning Sign | P | 2 | – | The lesser of 6 s.f. or 25% of vertical surface of awning | – | (# 4) | 5 ft. | 5 ft. | ||
Canopy or Marquee Sign | P | 1 | 10% of wall area of which such sign is a part | 25% of vertical surface of canopy or marquee | -- | (# 4) | 3 ft. from curb face | 5 ft. | ||
Identification Sign | N | 1 per building | 1.5 s.f. | 1.5 s.f. | – | – | – | – | (# 5) | |
Projecting Sign | P | 1 | 10% of wall area of which such sign is a part | 40 s.f. | 8 ft. | (# 4) | – | – | ||
Suspended / Swinging Sign | P | 1 per bldg. entrance | 12 s.f. | 6 s.f. | 6 ft. | (# 4) | – | – | ||
Wall Sign | P | 1 per building unit (# 6) | – | 40 sq. ft. | – | – | – | – | ||
Permanent Window Sign | P | 1 | – | 25% of the total window area of each ground floor occupancy of a building (# 7) | -- | 12 ft. | – | -- | ||
(Ord. 84-2006. Passed 8-21-06.)
Footnotes to Signs Permitted in P-R-O Districts: |
Footnotes to Signs Permitted in P-R-O Districts: | |
#1. | P = Sign permit required; N = No sign permit required |
#2. | Signs located within sixty (60) feet of a street intersection or a railroad and a street intersection must provide a clear view between heights of two and one-half (2-1/2) feet and 10 feet and shall not be located within 10 feet of a curb line or a paved roadway. Signs shall not be allowed to project over public rights of way. |
#3. | No direct light or significant glare from sign illumination shall be cast onto any right-of-way or adjacent zone lot that is zoned or used for residential purposes. No exposed bulbs or signs of excessively bright luminance are permitted. |
# 4. | A vertical clearance of 9 feet is required from a sidewalk, private drive, or parking area. Signs attached to the underside of a canopy or marquee shall have a minimum clearance of 8 feet from same. Where applicable, a vertical clearance of 14 feet is required from a public street. |
# 5. | Only name and address of occupant allowed on sign. Identification wall signs not exceeding 4 square feet in area with non-illuminated letters may be permitted in addition to regulated signage. |
# 6. | Premises fronting on more than one public right of way may not combine permissible signs for one frontage with another frontage for the purpose of placing the combined area of signs on the frontage. |
# 7. | The percentage figure here shall mean the percentage of the area of the wall of which such sign is a part or to which each such sign is most nearly parallel. |
(Ord.1-2006. Passed 2-22-06.)
1166.11 SIGNS PERMITTED IN B-2 GENERAL BUSINESS DISTRICT.
SIGNS PERMITTED IN B-2 GENERAL BUSINESS DISTRICT | ||||||||||
Sign Style | Sign Type | Permitted Signs (#1) | Max. No. Per Zone Lot | Max. Area Per Zone Lot | Max. Area Per Individual Sign Face | Max. Width | Max. Ht. From Grade (#2) | Setback Front (#2) | Setback Side & Rear (#2) | Other Requirements |
All Permitted Signs in B-2 Districts | Internal and external illumination permitted with a sign permit (# 3) | |||||||||
Freestanding Signs | ||||||||||
Area Identification Sign | P | 1 per development entrance | – | 70 s.f. | 14 ft. | 6 ft. | 10 ft. | 10 ft. | ||
Low Profile or Monument Sign | P | 1 | – | 70 s.f. | 10 ft. | 8 ft. | 10 ft. | 10 ft. | ||
Building Signs | ||||||||||
Awning Sign | P | 2 | – | 25% of vertical surface of awning | – | (# 4) | 5 ft. | 5 ft. | ||
Canopy or Marquee Sign | P | 1 | 10% of wall area of which such sign is a part | 25% of vertical surface of canopy or marquee | – | (# 4) | 3 ft. from curb face | 5 ft. | ||
Identification Sign | N | 1 per bldg. | 1.5 s.f. | 1.5 s.f. | – | – | – | – | (# 5) | |
Projecting Sign | P | 1 | 10% of wall area of which such sign is a part | 40 s.f. | 8 ft. | (# 4) | – | – | ||
Suspended / Swinging Sign | P | 1 per bldg. entrance | 12 s.f. | 6 s.f. | 6 ft. | (# 4) | – | – | ||
Wall Sign | P | 1 per building unit (# 6) | – | s.f. equal to 1.6 times lineal frontage of building facade | – | – | – | – | ||
Permanent Window Sign | P | 1 | -- | 25% of the total window area of each ground floor occupancy of a building (# 7) | -- | 12 ft. | – | -- | ||
(Ord. 84-2006. Passed 8-21-06; Ord. 57-2017. Passed 10-2-17.)
Footnotes to Signs Permitted in the B-2 General Business District: |
Footnotes to Signs Permitted in the B-2 General Business District: | |
# 1. | P = Sign permit required; N = No sign permit required |
# 2. | Signs shall not be allowed to project over public rights of way. Signs located within sixty (60) feet of a street intersection or a railroad and a street intersection must provide a clear view between heights of two and one-half (2-1/2) feet and 10 feet and shall not be located within 10 feet of a curb line or a paved roadway. |
# 3. | No direct light or significant glare from sign illumination shall be cast onto any right-of-way or adjacent zone lot that is zoned or used for residential purposes. No exposed bulbs or signs of excessively bright luminance are permitted. |
# 4. | A vertical clearance of 10 feet is required from a sidewalk, private drive, or parking area. Signs attached to the underside of a canopy or marquee shall have a minimum clearance of 8 feet from same. Where applicable, a vertical clearance of 14 feet is required from a public street. |
# 5 | Only name and address of occupant allowed on sign. Identification wall signs not exceeding 4 square feet in area with non-illuminated letters may be permitted in addition to regulated signage. |
# 6 | Premises fronting on more than one public right of way may not combine permissible signs for one frontage with another frontage for the purpose of placing the combined area of signs on the frontage. |
# 7 | The percentage figure here shall mean the percentage of the area of the wall of which such sign is a part or to which each such sign is most nearly parallel. |
(Ord. 1-2006. Passed 2-22-06.)
1166.12 SIGNS PERMITTED IN B-3 CENTRAL BUSINESS DISTRICT.
SIGNS PERMITTED IN B-3 CENTRAL BUSINESS DISTRICT. | ||||||||||
Sign Style | Sign Type | Permitted Signs (#1) | Max. No. Per Zone Lot | Max. Area Per Zone Lot | Max. Area Per Individual Sign Face | Max. Width | Max. Ht. From Grade (#2) | Setback Front (#2) | Setback Side & Rear (#2) | Other Requirements |
All Permitted Signs in B-3 Districts | Internal and external illumination permitted with a sign permit | |||||||||
Freestanding Signs | ||||||||||
Area Identification Sign | P | 1 per development entrance | – | 70 s.f. | 14 ft. | 6 ft. | 10 ft. | 10 ft. | ||
Low Profile or Monument Sign | P | 1 | – | 70 s.f. | 10 ft. | 8 ft. | 10 ft. | 10 ft. | ||
Building Signs | ||||||||||
Awning Sign | P | 2 | – | 25% of vertical surface of awning | – | (# 3) | 5 ft. | 5 ft. | ||
Canopy or Marquee Sign | P | 1 | 10% of wall area of which such sign is a part | 25% of vertical surface of canopy or marquee | – | (# 3) | 3 ft. from curb face | 5 ft. | ||
Identification Sign | N | 1 per building | 1.5 s.f. | 1.5 s.f. | – | – | – | – | (# 4) | |
Projecting Sign | P | 1 | 10% of wall area of which such sign is a part | 40 s.f. | 6 ft. | (# 3) | – | – | ||
Suspended / Swinging Sign | P | 1 per bldg. entrance | 12 s.f. | 6 s.f. | 6 ft. | (# 3) | – | – | ||
Wall Sign | P | 1 per building unit (# 5) | – | s.f. equal to 1.6 times lineal frontage of building facade | – | – | – | – | ||
Permanent Window Sign | P | 1 | – | 25% of the total window area of each ground floor occupancy of a building (# 6) | – | 12 ft. | – | – | ||
(Ord. 84-2006. Passed 8-21-06; Ord. 57-2017. Passed 10-2-17.)
Footnotes to Signs Permitted in the B-3 Central Business District: | |
#1. | P = Sign permit required; N = No sign permit required |
#2. | Signs located within sixty (60) feet of a street intersection or a railroad and a street intersection must provide a clear view between heights of two and one-half (2-1/2) feet and 10 feet and shall not be located within 10 feet of a curb line or a paved roadway. Signs shall not be allowed to project over public rights of way except for wall signs on the front wall of a building which abut the right-of-way. |
# 3. | A vertical clearance of 10 feet is required from a sidewalk, private drive, or parking area. Signs attached to the underside of a canopy or marquee shall have a minimum clearance of 8 feet from same. Where applicable, a vertical clearance of 14 feet is required from a public street. |
# 4. | Only name and address of occupant allowed on sign. Identification wall signs not exceeding 4 square feet in area with non-illuminated letters may be permitted in addition to regulated signage. |
# 5. | Premises fronting on more than one public right of way may not combine permissible signs for one frontage with another frontage for the purpose of placing the combined area of signs on the frontage. |
# 6. | The percentage figure here shall mean the percentage of the area of the wall of which such sign is a part or to which each such sign is most nearly parallel. |
(Ord. 1-2006. Passed 2-22-06.)
1166.13 SIGNS PERMITTED IN B-4 SHOPPING CENTER DISTRICT.
SIGNS PERMITTED IN B-4 SHOPPING CENTER DISTRICT. | ||||||||||
Sign Style | Sign Type | Permitted Signs (#1) | Max. No. Per Zone Lot | Max. Area Per Zone Lot | Max. Area Per Individual Sign Face | Max. Width | Max. Ht. From Grade (#2) | Setback Front (#2) | Setback Side & Rear (#2) | Other Requirements |
All Permitted Signs in B-4 Districts | Internal and external illumination permitted with a sign permit (#3) | |||||||||
Freestanding Signs | ||||||||||
Area Identification Sign | P | 1 per development entrance | – | 70 s.f. | 14 ft. | 6 ft. | 10 ft. | 10 ft. | ||
Low Profile or Monument Sign | P | 1 per development | – | 100 s.f. | 10 ft. | 10 ft. | 10 ft. | 10 ft. | ||
Building Signs | ||||||||||
Awning Sign | P | 1 per Building Unit | – | 25% of vertical surface of awning | – | (# 4) | 5 ft. | 5 ft. | ||
Canopy or Marquee Sign | P | 1 | 10% of the wall area of the Bldg. Unit of which such sign is a part | 25% of vertical surface of canopy or marquee | – | (# 4) | 3 ft. from curb face | 5 ft. | ||
Identification Sign | N | 1 per Bldg. Unit | – | 1.5 s.f. | – | – | – | – | (# 5) | |
Suspended / Swinging Sign | P | 1 per Bldg. Entrance | – | 6 s.f. | 3 ft. | (# 4) | – | – | ||
Wall Sign | P | 1 per Bldg Unit (# 6) | – | s.f. equal to 1.6 times lineal footage of building facade | – | – | – | – | ||
Permanent Window Sign | P | 1 | – | 25% of the total window area of each ground floor occupancy of a building (# 7) | -- | 12 ft. | – | -- | ||
(Ord. 84-2006. Passed 8-21-06; Ord. 57-2017. Passed 10-2-17..)
Footnotes to Signs Permitted in the B-4 Shopping Center District: |
Footnotes to Signs Permitted in the B-4 Shopping Center District: | |
# 1. | P = Sign permit required; N = No sign permit required |
# 2. | Signs shall not be allowed to project over public rights of way. Signs located within sixty (60) feet of a street intersection or a railroad and a street intersection must provide a clear view between heights of two and one-half (2-1/2) feet and 10 feet and shall not be located within 10 feet of a curb line or a paved roadway. |
# 3. | No direct light or significant glare from sign illumination shall be cast onto any right-of-way or adjacent zone lot that is zoned or used for residential purposes. No exposed bulbs or signs of excessively bright luminance are permitted. |
# 4. | A vertical clearance of 10 feet is required from a sidewalk, private drive, or parking area. Signs attached to the underside of a canopy or marquee shall have a minimum clearance of 8 feet from same. Where applicable, a vertical clearance of 12 feet is required from a public street. |
# 5 | Only name and address of occupant allowed on sign. Identification wall signs not exceeding 4 square feet in area with non-illuminated letters may be permitted in addition to regulated signage. |
# 6 | Premises fronting on more than one public right of way may not combine permissible signs for one frontage with another frontage for the purpose of placing the combined area of signs on the frontage. |
# 7 | The percentage figure here shall mean the percentage of the area of the wall of which such sign is a part or to which each such sign is most nearly parallel. |
(Ord. 1-2006. Passed 2-22-06.)
1166.14 SIGNS PERMITTED IN INDUSTRIAL DISTRICTS.
SIGNS PERMITTED IN INDUSTRIAL DISTRICTS. | ||||||||||
Sign Style | Sign Type | Permitted Signs (#1) | Max. No. Per Zone Lot | Max. Area Per Zone Lot | Max. Area Per Individual Sign Face | Max. Width | Max. Ht. From Grade (#2) | Setback Front (#2) | Setback Side & Rear (#2) | Other Requirements |
All Permitted Signs in the M Districts | Internal and external illumination permitted with a sign permit (#3) | |||||||||
Freestanding Signs | ||||||||||
Area Identification Sign | P | 1 per development entrance | – | 100 s.f. | 14 ft. | 6 ft. | 10 ft. | 10 ft. | ||
Low Profile or Monument Sign | P | 1 per street frontage | – | 100 s.f. | 10 ft. | 6 ft. | 10 ft. | 10 ft. | ||
Building Signs | ||||||||||
Awning Sign | P | 2 | – | The lesser of 6 s.f. or 25% of the vertical surface of awning | – | (# 4) | 5 ft. | 5 ft. | ||
Canopy or Marquee Sign | P | 1 | 10% of the wall area of which such sign is a part | 25% of vertical surface of canopy or marquee | – | (# 4) | 3 ft. from curb face | 5 ft. | ||
Identification Sign | N | 1 per Bldg. | 1.5 s.f. | 1.5 s.f. | – | – | – | – | (# 5) | |
Projecting Sign | P | 1 | 10% of wall area of which such sign is a part | 40 s.f. | 8 ft. | (#4) | - | - | - | |
Suspended / Swinging Sign | P | 1 per Bldg. Entrance | 12 s.f. | 6 s.f. | 6 ft. | (# 4) | – | – | ||
Wall Sign | P | 1 per building unit (# 6) | – | 100 sq. ft. | – | – | – | – | ||
Permanent Window Sign | P | 1 | – | 25% of the total window area of each ground floor occupancy of a building (# 7) | – | 12 ft. | – | – | ||
(Ord. 84-2006. Passed 8-21-06.)
Footnotes to Signs Permitted in the Industrial Districts: |
Footnotes to Signs Permitted in the Industrial Districts: | |
#1. | P = Sign permit required; N = No sign permit required |
#2. | Signs located within sixty (60) feet of a street intersection or a railroad and a street intersection must provide a clear view between heights of two and one-half (2-1/2) feet and 10 feet and shall not be located within 10 feet of a curb line or a paved roadway. Signs shall not be allowed to project over public rights of way. |
#3. | No direct light or significant glare from sign illumination shall be cast onto any right-of-way or adjacent zone lot that is zoned or used for residential purposes. No exposed bulbs or signs of excessively bright luminance are permitted. |
# 4. | A vertical clearance of 10 feet is required from a sidewalk, private drive, or parking area. Signs attached to the underside of a canopy or marquee shall have a minimum clearance of 8 feet from same. Where applicable, a vertical clearance of 14 feet is required from a public street. |
# 5. | Only name and address of occupant allowed on sign. Identification wall signs not exceeding 4 square feet in area with non-illuminated letters may be permitted in addition to regulated signage. |
# 6. | Premises fronting on more than one public right of way may not combine permissible signs for one frontage with another frontage for the purpose of placing the combined area of signs on the frontage. |
# 7. | The percentage figure here shall mean the percentage of the area of the wall of which such sign is a part or to which each such sign is most nearly parallel. |
(Ord. 1-2006. Passed 2-22-06.)
1166.15 ADMINISTRATION, ENFORCEMENT AND PENALTY.
(a) Permits.
(1) Applicability. No person shall erect, construct, enlarge, relocate, or alter a sign within the scope of this chapter without first obtaining a permit for such sign. The following actions or signs shall not require such approval:
A. Cleaning, painting, electrical or comparable maintenance or repair of a sign that does not alter any regulated feature of such sign.
B. Signs which are listed in Section 1166.03(b) do not require a permit.
(2) Procedure. All sign permits shall be procured in accordance with the following procedure:
A. Application. A written application for a sign permit shall be submitted to the Zoning Office for review and processing. For all new developments, this application shall be submitted at the time of construction plan submittal. The application will be accepted by the Zoning Office only upon determination that all requisite documentation and appropriate fees accompany the application form. The application shall include the submission requirements set forth in Section 1166.15(a)(3) below, and such supplementary information as may be deemed necessary by the Zoning Administrator to determine compliance with these regulations.
B. Review of Application. Within ten (10) business days of receiving an application for a sign permit, the Zoning Administrator shall review the application and plans and specifications to determine whether the proposed sign conforms to all applicable requirements of these regulations.
C. Determination of a Complete Application. Following review, if the Zoning Administrator finds that the application is complete and the proposed sign conforms to all applicable requirements of these regulations, the application shall then be processed. If the Zoning Administrator finds that the application is incomplete or that the proposed sign does not conform to all applicable requirements of these regulations, the Zoning Administrator shall within such ten- day period notify the applicant of the specific ways in which the application is deficient or does not conform, with appropriate references to the applicable sections of this chapter. The applicant may upon such notification resubmit its application up to three (3) times without paying an additional Application Fee as provided in Section 1166.15(a)(3)C.
D. Certificate of Appropriateness. Following determination of a complete application, the Zoning Office shall immediately refer the application to the Board of Architectural Review for a Certificate of Appropriateness.
1. Standards for Review. The Board of Architectural Review, in deciding whether to issue a Certificate of Appropriateness, shall determine whether the sign that is the subject of the application under consideration meets the following standards:
a. All signs shall promote, preserve, and enhance the architectural character of the building or structure to which it is to be affixed or the premises upon which it is to be erected, and of the community in which said building, structure, or premises are located;
b. The sign plan aesthetic and economic contextual factors of the proposed sign shall conform to design review standards and guidelines adopted in Sylvania regarding placement; number; size; color; shape and proportions; configuration; graphics; texture; material; lighting; landscaping treatments; as well as the factors set forth in Section 1187.05(a)(1-10).
c. The co-location of signs of multiple businesses on one shared freestanding sign shall be promoted.
d. The Board of Architectural Review may separately require, among other provisions, that signs shall not contain fluorescent or other metallic treatments and shall fit within a community-wide design theme.
2. Action by the Board of Architectural Review. Within forty- five (45) days of the submission of a complete application for a sign permit:
a. If the design theme of the sign(s) that is the subject of the application is found to conform in every respect with the requirements of this chapter, the Board of Architectural Review shall issue a Certificate of Appropriateness and direct the Zoning office to issue a Permit; or
b. If the design theme of the sign(s) that is the subject of the application is found to fail to conform in any way with the requirements of this chapter, the Board of Architectural Review shall deny issuance of a Certificate of Appropriateness and specify to the applicant how the sign(s) is inconsistent. The applicant may upon such denial resubmit its application once without paying an additional Application Fee as provided in Section 1166.15(a)(3)C.
(3) Submission requirements. No request for a sign permit shall be considered complete until all of the following has been submitted to the Zoning office:
A. Application form. The application shall be submitted to the Zoning office on forms made available by the office. The form shall specify:
1. Name and address of owner of sign;
2. Name and address of owner or possessor of premises upon which sign located;
3. Street address or location of the property on which the sign is to be located;
4. Type of sign or sign structure as defined by this chapter.
B. Plans and Specifications. Plans and specifications submitted for any proposed sign, including any supporting structure and equipment, shall be drawn to scale and include the following:
1. Lot frontage on all street rights-of-way;
2. Front elevation of the building facade;
3. Facade area of any wall on which a sign is proposed to be placed;
4. A dimensioned sketch of the sign, including the elevations of the sign, and the dimensions of the sign's supporting members;
5. Height of sign, as measured from finished grade;
6. Square foot area per sign face;
7. Location of the sign in relation to property lines, public right-of-ways, easements, buildings, existing trees and vegetation, and other signs on the property;
8. For illuminated signs, the type and placement of illumination;
9. Construction materials of sign, including supporting structure and equipment;
10. Value of the proposed sign, including supporting structure and equipment;
11. Number, type, location and surface area of all existing signs on the same property and/or building on which the sign is to be located;
12. A site plan of the development showing at a minimum the following:
a. A north arrow;
b. A graphic scale;
c. The location, grouping and orientation of all buildings, structures and improvements (both existing and proposed);
d. Parking areas and access points;
e. Landscaping and buffers where required by the Zoning Ordinance;
f. Lot lines and dimensions;
g. The location and dimensions of streets, alleys, driveways and points of access to public rights-of- way. (Ord. 55-2011. Passed 7-18-11.)
C. Application Fee. The applicant shall pay a fee of fifty dollars ($50.00) for a temporary sign permit and one hundred dollars ($100.00) for any other sign permit.
(Ord. 26-2024. Passed 4-1-24.)
D. Temporary Signs. At the expiration of the applicable time period, additional periods may be granted only upon re-application for permit and payment of additional fees.
(b) Sign Installation and Inspections.
(1) The applicant must submit a picture of the sign after installation.
(2) If, upon inspection, the sign is found to be in noncompliance with the approved application, the Zoning Administrator shall immediately notify the applicant in writing of the deficiencies. The applicant shall have 30 days from the date of the written notice to remedy the noncompliance. If, after such 30 days period, the sign remains in noncompliance upon a second inspection, the sign permit shall be void and the sign shall be subject to the regulations (remedies for violation) set forth in Chapter 1103 and 1171.99.
(c) Assignment of Sign Permits. A current and valid permit for a sign shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises, subject only to filing such application as the Zoning Office may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require approval.
(d) Variance. At a minimum, applicants for variance from the provisions of this Sign Code must provide proof that the sign design promotes and facilitates the dissemination of information, traffic safety, economic vitality and community aesthetics. This proof shall include:
(1) Conformance with the Federal Manual on Uniform Traffic Control Devices that the placement or size is needed to ensure the sign can be read by the typical viewer under most weather conditions;
(3) If adequate proof is provided the Board of Zoning Appeals may issue a variance permit, retaining the variance application and proof for a period of one year following issuance of the permit.
(e) Enforcement and Penalty. Whoever violates any provision of this chapter shall be subject to the penalties provided in Section 1103.99.
(Ord. 1-2006. Passed 2-22-06.)
1166.16 NONCONFORMING SIGNS.
(a) Notification of Nonconformity. After the enactment of this Sign Code, the Zoning Administrator shall, as soon as practical, survey the City for signs which do not conform to the requirements of this Sign Code or for which there is no current and valid sign permit. Upon determination that a sign is nonconforming, the Zoning Administrator shall use reasonable efforts to so notify, in writing, the owner of the property on which the sign is located. If the owner of the property on which the sign is located cannot be determined, the notice may be affixed in a conspicuous place on or next to the sign or to the business premises with which the sign is associated. The notice shall contain the following:
(1) The owner shall be obligated to remove such sign or to bring it into conformity with the requirements of this Sign Code; and
(2) Whether the sign is eligible for characterization either as "legal conforming," or "legal nonconforming" pursuant to Section 1166.16(c).
(b) An application for a sign permit shall be submitted to the Zoning Office within sixty (60) days of the notification by the Zoning Administrator that a pre-existing sign does not conform to the requirements of the Sign Code. For any sign on property annexed at a later date, applications for sign permits shall be submitted within sixty (60) days of the effective date of annexation or within such period as may be established in an annexation agreement between the City and the landowner.
(1) Signs that are the subject of applications received after the expiration of the date set forth in this subsection shall be subject to all of the terms and conditions of this Sign Code and shall not be entitled to the protection of Section 1166.16(c).
(2) Applications for permits for existing signs submitted before the date set forth in this subsection shall be exempt from the initial fees adopted under authority of this Sign Code.
(c) Legal Nonconforming Signs. Any sign located within the City limits on the date of adoption of this Sign Code or located in an area annexed to the City thereafter which does not conform with this Sign Code, and for which a valid application for a sign permit is submitted as required under Section 1166.16
(b) shall be a legal nonconforming sign.
(d) Loss of Legal Nonconforming Status. A legal nonconforming sign may be continued; however, a legal nonconforming sign shall immediately lose its legal nonconforming designation and shall be deemed an illegal sign if any of the following is true:
(1) The sign is structurally altered in any way to another nonconforming sign or to prolong the life of the sign (except for normal maintenance or to meet safety requirements);
(2) The sign is expanded or altered in any manner that increases the degree of nonconformity;
(3) The sign structure is relocated;
(4) The sign and/or the sign structure is damaged, due to an act of God or otherwise, which damage requires repairs in excess of fifty percent (50%) of the replacement cost of the same;
(5) The sign and/or the sign structure is located in the public right-of-way, is a nuisance or fails to conform to health and safety codes without regard to the extent of damage;
(6) Abandonment occurs;
(7) Council specifically designates the loss of such designation for certain types of signs.
Upon the occurrence of any of the conditions set forth in Section 1166.16(d)(1) to (7) hereof, the sign shall be immediately brought into compliance with this Sign Code, with a new permit secured therefor, or shall be removed.
(Ord. 1-2006. Passed 2-22-06.)
(e) Loss of Legal Nonconforming Status for Pole-Mounted Signs. In addition to the loss of legal nonconforming status as set forth in Section 1166.16(d), except for pole-mounted signs located on properties in B-4 Shopping Center Districts which properties consist of ninety-five thousand (95,000) or more square feet of commercial or retail space, any other pole-mounted
sign which becomes a legal nonconforming sign shall become an illegal sign on and after January 1, 2028.
(Ord. 56-2025. Passed 7-21-25.)
(f) Legal Nonconforming Sign Maintenance and Repair. Nothing in this chapter shall relieve the owner of the property on which the legal nonconforming sign is located from the requirements of this Sign Code, provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure in any way. Otherwise, the sign may lose its legal nonconforming status.
(Ord. 1-2006. Passed 2-22-06.)
1167.01 DEFINITIONS.
(a) “Attended Donation Container” means any donation container at which an employee or representative of the sponsoring company or organization is present to accept donations. A donation container shall have a person present to accept donations at least twenty (20) hours a week to be considered attended. Donation containers placed inside of permitted buildings shall be considered attended.
(b) “Donation container” means any box, building, trailer or other receptacle that is intended for use as a collection point for donated clothing/household items or any other specified materials.
(c) “Person” includes an individual, sole proprietorship, corporation, association, nonprofit corporation, partnership, joint venture, limited liability company, estate, trust, public or private organization that is not a state agency, business trust, public corporation, or any other legal or commercial entity.
(Ord. 4-2015. Passed 4-6-15.)
1167.02 DONATION CONTAINERS PROHIBITED.
(a) It shall be unlawful for any person to place or maintain, or allow to be placed or maintained, any donation container within the City of Sylvania, without having first registering the container in compliance with the provisions of this article.
(b) Any donation container located within the jurisdiction of the City of Sylvania that is not registered shall be subject to impoundment by the City.
(c) Notwithstanding any other provision of the City Code, no provisions of this article shall apply to (1) any Attended Donation Container, or (2) any donation container located on the property of any public or private school, church, or community center with the knowledge of and written approval of such public or private school, church or community center.
(Ord. 4-2015. Passed 4-6-15.)
1167.03 AUTHORIZING OR ALLOWING DONATION CONTAINERS ON REAL PROPERTY PROHIBITED.
It shall be unlawful for any person that owns, leases or is entitled to possession of real property within the City of Sylvania, to authorize or allow any donation container to be placed on or remain on such real property without complying with the provisions of this chapter.
(Ord. 4-2015. Passed 4-6-15.)
1167.04 REGISTRATION REQUIREMENTS.
Registration to allow a donation container as an accessory use shall be issued by the Zoning Administrator provided the following conditions are satisfied:
(a) The person or entity placing or maintaining a donation container is registered to operate in the State of Ohio as a non-profit corporation.
(b) The property owner provides written authorization allowing the donation container on the property.
(c) The permit holder shall be responsible to collect the contents of the donation container to prevent overflow.
(d) The visual/structural integrity and cleanliness of the donation container must be maintained continuously.
(e) The placement of the donation container shall not impede traffic nor visually impair any motor vehicle operation within a parking lot, driveway or street.
(f) The donation container shall not be located in a front yard, access easement, drainage easement, floodplain, driveway, utility easement or fire lane.
(g) A minimum of one (1) stacking or parking space per donation container shall be required on-site.
(h) Occupation of any parking spaces by the donation container shall not reduce any required parking spaces for the principal use on a lot.
(i) The donation container owner or the entity maintaining the donation container shall display current contact of both the owner of the donation container and the property on which the donation container is located; such information shall include street address and telephone number on the donation container. This information must be readable and clearly visible to the public.
(j) The donation container may only be used as a collection container for items specified. All donation materials must fit into and be placed inside the donation container. The collection or storage of any materials outside the container is prohibited.
(k) The donation container shall be located at least 200 feet away from any residential dwelling.
(l) The maximum number of donation containers allowed for each property shall not exceed one (1) and the size of each donation container shall not exceed four (4) cubic yards.
(m) The property is zoned B-1-B, B-2, B-4, M-1 or M-2.
(n) The donation container must be equipped with a safety designed pull down door that when open allows for limited access.
(Ord. 4-2015. Passed 4-6-15.)
1167.05 REGISTRATION.
Applicants registering under this article shall file a written sworn application with the Sylvania Zoning Office on a form designated by that office and pay an application fee of $100.00. The application shall include the written authorization from the property owner allowing the donation container on the property and a site plan drawing showing where the donation container will be placed. Registrations issue under the provisions of this article shall be valid only at the address stated. The annual registration shall expire on December 31st of each calendar year regardless of the date of issuance. A new application, application fee and registration shall be required each year.
(Ord. 4-2015. Passed 4-6-15.)
1167.06 MAINTENANCE AND UPKEEP.
The Donation Box owner, holder and the property owner shall be held jointly and severally liable and responsible for the maintenance, upkeep, and servicing of the container and clean up and removal of any donations left on the property outside of the container. The City shall have the authority to abate any property in violation of this article that is deemed a public nuisance under the procedures contained within the City Code.
(Ord. 4-2015. Passed 4-6-15.)
1167.99 PENALTY.
Any violation of this section shall be a misdemeanor of the fourth degree. In addition, any violation of this section may result in the immediate removal and impoundment of the donation container by the City and upon impoundment any registration shall be immediately revoked. Any donation container impounded by the City shall be released to the owner upon securing a new registration, and the payment of an impound fee of $250.00, and a daily storage fee of $20.00 for each day in City possession after impound. If after 60 days the donation box is not retrieved by the property owner and all fees and fines paid to the City for such impoundment and subsequent registration, the City shall sell, recycle, scrap or dispose of any donation container and its contents and shall retain any proceeds for the general fund of the City. (Ord. 4-2015. Passed 4-6-15.)