Vermilion City Zoning Code
CHAPTER 1274
Signs
1274.01 INTENT
It is the intention of the City in setting forth requirements contained in this chapter to provide for reasonable and appropriate conditions for the advertising of goods and services rendered in the community, but at the same time to regulate such advertising so that lives, property values and amenities within the City will be preserved and protected.
(Ord. 89-8. Passed 12-4-89.)
1274.02 APPLICATION OF CHAPTER; PROHIBITED AND NONCONFORMING SIGNS; SIGNS IN HARBOUR TOWN DISTRICT.
(a) This chapter shall not relate to building design nor shall this chapter regulate the copy and message of signs or signs not intended to be viewed from a public right of way, window displays, product dispensers, point of purchase displays, scoreboards on athletic fields, flags of any nation, government or non-commercial organizations, grave stones, barber poles, religious symbols, commemorative plaques, display of house numbers, government signs or any display or construction not defined herein as a sign.
(b) Signs not specifically permitted in this chapter are prohibited. No signs shall be erected, placed, painted, repainted or hung in any district except as hereinafter provided. Every person shall, before erecting, placing, building, reconstructing, altering or moving any sign, obtain a building permit from the Building Inspector.
(c) Signs that are lawfully in existence prior to the adoption of this chapter that do not conform to this chapter may remain in use as provided in Section 1274.07.
(e) Within the Harbour Town Historic District, the provisions of Section 1274.14 shall also apply in addition to the other provisions of this chapter. An application for a sign to be erected, constructed or altered within the Harbour Town Historic District shall be reviewed by the Harbour Town Design and Review Board for an advisory design recommendation prior to issuance of a permit by the City Building Inspector. Design approval by the Review Board does not grant authority to construct the sign. A building permit must still be obtained through the Building Inspector. (Ord. 89-8. Passed 12-4-89.)
1274.03 DEFINITIONS.
As used in this chapter:
(1) "Abandoned sign" means a sign which no longer identifies or advertises a bonafide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found.
(2) "Accessory sign" means a small sign mounted on the same structure as a larger sign giving information such as telephone number, time of opening, etc.
(3) "Animated sign" means any sign which uses movement or change of lighting to depict action or to create a special effect or scene (see also "Flashing sign").
(4) "Area." See "Sign, area of."
(5) "Awning" means a shelter projecting from and supported by the exterior wall of a building, constructed of nonrigid materials on a supporting framework (see also "Marquee").
(6) "Awning sign" means a sign painted on, printed on, or attached flat against the surface of an awning, but which does not extend beyond the limits of such awning.
(7) "Banner sign" means a sign made of fabric or any nonrigid material with no enclosing framework.
(8) "Billboard." See "Off-premises sign."
(9) "Building face" means all window and wall areas of a building in one plane or elevation.
(10) "Building frontage" means the linear length of a building facing a public way or which contains a public entrance.
(11) "Building inspector" means the Chief Building Official of the City or his or her duly authorized representative.
(12) "Canopy" means a permanent roof-like shelter extending from but only partially supported by the building face and constructed of some durable material which may or may not project over a public right of way (see also "Marquee").
(13) "Canopy sign" means a sign painted on, printed on, or attached to a canopy, but which does not extend beyond the limits of the canopy.
(14) "Changeable copy sign (automatic)" means a sign on which the copy changes automatically on a lampbank or through mechanical means, e.g. electrical or electronic time and temperature units.
(15) "Changeable copy sign (manual)" means a sign on which copy is changed manually in the field, e.g. readerboards with changeable letters.
(16) "Civic organizations" means organizations dedicated to the welfare of the community, generally considered tax exempt by the IRS.
(17) "Clearance of a sign" means the smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
(18) "Construction sign" means a temporary sign identifying an architect, contractor, developer, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
(19) "Copy" means the wording on a sign surface in either permanent or removable letter form.
(20) "Directional/information sign" means an on-premises sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment, but no advertising copy, e.g. parking or exit and entrance signs.
(21) "Double-faced sign" means a sign with two faces.
(22) "Electrical sign" means a sign or sign structure in which electrical wiring, connections, or fixtures are used.
(23) "Electronic message center." See "Changeable copy sign (automatic)."
(24) "Exempt sign" means a sign exempted from normal permit requirements.
(25) "Externally illuminated sign" means a sign whose illumination is derived entirely from an external artificial source.
(26) "Facade" means the entire building front, including the parapet.
(27) "Face of sign" means the area of a sign on which the copy is placed.
(28) "Festoons" means a string of ribbons, tinsel, or pinwheels.
(29) "Flashing sign" means a sign whose artificial light(s) are either not maintained in a stationary position or at a constant intensity. "Flashing sign" does not include changeable copy signs, animated signs which, through reflection or other means, create an illusion of flashing of intermittent light (see also "Changeable copy sign").
(30) "Freestanding sign" means a permanent sign supported upon the ground by poles or a wall and not attached to any building. A "freestanding sign" may also be referred to as a "ground sign," "detached sign," or "pole sign."
(31) "Frontage street" means the length of the property line of any one premises along a public right of way on which it borders.
(32) "Government sign" means any temporary or permanent sign erected and maintained by the City, County, State or Federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or other public service, property, or facility.
(33) "Graphics" means relating to, or representing, by a symbol or word or the symbols or devices used in conveying a meaning or message.
(34) "Ground sign." See "Freestanding sign."
(35) "Height (of a sign)" means the vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less (see also "Clearance").
(36) "Identification signs" means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
(37) "Illegal sign" means a sign which does not meet the requirements of this chapter and which has not received legal nonconforming status.
(38) "Illuminated sign" means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
(39) "Incidental sign" means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g. a credit card sign or a sign indicating hours of business) which sign, emblem or decal is less than one square foot in area.
(40) "Lot" means a parcel of land legally defined on a subdivision map recorded with the County Recorder's office, or a parcel of land defined by a legal record or survey map.
(41) "Maintenance" means the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
(42) "Mansard" means a sloped roof or roof-like facade architecturally comparable to a building wall.
(43) "Marquee" means a permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building (see also "Awning" and "Canopy").
(44) "Marquee sign" means any sign attached to or supported by a marquee structure and which does not extend beyond the limits of the marquee.
(45) "Monument sign" means a freestanding sign with a solid base.
(46) "Moving sign." See "Rotating sign."
(47) "Nameplate" means a nonelectric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
(48) "Nonconforming sign" means a sign which does not conform to the specifications outlined in this chapter.
(49) "Occupancy" means the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
(50) "Off-premises sign" means a sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g. "billboards," "outdoor advertising," or "off-site sign."
(51) "On-premises sign" means a sign which pertains to the use of the premises on which it is located.
(52) "Owner" means a person recorded as such on official records. For the purposes of this chapter, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Building Inspector, e.g. a sign leased from a sign company.
(53) "Painted wall sign" means any sign which is applied with paint or similar substance to the face of a wall.
(54) "Parapet" means the extension of a false front or wall above a roofline.
(55) "Parcel of property." See "Lot."
(56) "Permanent sign" means a sign intended to be used for more than thirty days.
(57) "Person" means any individual, corporation, association, firm, partnership, or similarly defined interest.
(58) "Point-of-purchase display" means advertising of a retail item accompanying its display, e.g. an advertisement on a product dispenser.
(59) "Pole cover" means covers enclosing or decorating poles or other structural supports of a sign.
(60) "Pole sign." See "Freestanding sign."
(61) "Political sign" means a temporary sign used in connection with a local, State, or national election or referendum.
(62) "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A portable sign is considered temporary.
(63) "Premises" means a parcel of land with its appurtenance and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
(64) "Projecting sign" means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure more than twelve inches.
(65) "Public service information sign" means any sign intended primarily to promote items of general interest to the community, such as time, temperature, date, atmospheric conditions, news or traffic control, but which shall not espouse any person or issue on a partisan basis.
(66) "Real estate sign" or "property sign" means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
(67) "Roof line" means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
(68) "Roof sign" means any sign erected over or on the roof of a building (see also "Mansard" and "Wall sign").
(69) "Rotating sign" means any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement. Such motion does not refer to methods of changing copy. "Rotating sign" may also be referred to as a "moving sign."
(70) "Sign" means any device, structure, fixture, light, banner, pennant or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, or services.
(71) "Sign, area of" includes all lettering, wording, designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but does not include any supporting framework and bracing which carry no advertising and are incidental to the display itself. The area of a double faced sign whose individual faces average one foot or less separation shall be computed based upon one face (the largest) only.
For a sign painted upon or applied to a building, the area includes all lettering, wording and accompanying designs and symbols, together with any background of a different color than the principal color of the building.
For signs attached to or painted on a surface, building, canopy, awning, wall, or window, where the background is the same as the supporting surface, the area will be calculated from the area of the smallest rectangle or other geometric shape which encompasses all of the letters and symbols.
(72) "Skeleton signs" means signs whose background consists of some open or perforated material providing significantly lower wind resistance than realized with a solid background.
(73) "Special events sign" means a temporary sign advertising or pertaining to any civic, patriotic or special event of general public interest taking place within the City.
(74) "Special use sign" means a sign which is at variance with this chapter, and which has been reviewed and approved by the Board of Zoning Appeals as an exception.
(75) "Subdivision identification sign" means a freestanding or wall sign identifying a recognized subdivision, condominium complex, residential development, commercial shopping center or industrial park.
(Ord. 89-8. Passed 12-4-89.)
(76) "Temporary commercial sign" means a sign not constructed or intended for use for more than fifteen consecutive days and for not more than thirty days in any calendar year. Temporary commercial signs shall not be permitted in any district zoned residential.
(Ord. 97-51. Passed 7-7-97.)
(77) "Tract development sign." See "Construction sign."
(78) "Under-canopy sign" means a sign suspended beneath a canopy, ceiling, roof, or marquee.
(79) "Use" means the purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.
(80) "Wall sign" means a sign attached parallel to and extending not more than twelve inches from the wall of a building. This definition includes painted, individual letter, and cabinet signs, and signs on a mansard. A "wall sign" may also be referred to as a "fascia sign".
(81) "Window sign" means a sign installed inside a window and intended to be viewed from the outside.
(Ord. 89-8. Passed 12-4-89.)
1274.04 GENERAL REQUIREMENTS FOR ALL DISTRICTS.
It shall hereafter be unlawful for any person to erect, place or maintain a sign within the City limits except in accordance with the provisions of this chapter.
(a) Permits Required. Unless otherwise provided by this chapter, all signs shall require permits and the payment of fees as described in Section 1274.17. No permit is required for the maintenance or change of copy on painted, printed or changeable copy signs.
(b) Maintenance. All signs shall be properly maintained. Exposed surfaces shall be clean and painted, if paint is required. Defective parts shall be replaced. The City Building Inspector shall have the right to order the repair or removal of any sign which is defective, damaged or substantially deteriorated, as defined in the Ohio Basic Building Code. Should any sign become unsafe or in danger of falling, the owner or lessee shall proceed at once to repair or remove it (see Section 1274.09(b)). Once the sign is secure, the owner must repair, replace or remove the sign within thirty days after receipt of notification from the Building Inspector. Should the owner fail to comply, the City may cause the sign to be removed at the owner's expense as provided in Section 1274.10.
(c) Lighting. Unless otherwise specified in this chapter, all signs may be illuminated provided that they:
(1) Do not expose incandescent lamp(s) without adequate diffusion to prevent glare.
(2) Are lighted with a continuous intensity light source. No sign shall be illuminated by or contain flashing, intermittent, rotating, blinking, or moving light or lights, except for changeable copy signs (automatic).
(3) Illumination shall not be of excessive intensity, creating glare or reflections, hazardous to pedestrians or vehicular traffic, or an objectionable nuisance to adjacent properties.
(4) Colored lights may be used, provided that they cannot be confused with or construed as traffic control devices or emergency or public safety vehicles.
(d) Construction. All non-exempt signs shall be constructed in accordance with the design, material, load and stress specifications detailed in Article 29 of the BOCA National Building Code, current edition. In the event of conflict between any of the provisions of Article 29 of the BOCA Code and these Codified Ordinances, the provision of these Codified Ordinances shall control. The following shall be additional conditions:
(1) All freestanding signs shall have self-supporting structures erected or permanently attached to concrete foundations.
(2) No sign erected over public ways or easements shall be suspended by non-rigid attachments that will allow the sign to swing in the wind.
(3) Solid signs shall be designed to withstand a minimum wind load of thirty pounds per square foot in any face.
(4) Skeleton signs, other than wall signs, shall be designed to withstand a minimum wind load of thirty pounds per square foot on the total face area of the letters and other sign surface area, or thirty pounds per square foot of the gross face surface area of the sign, as determined by the overall dimensions of the sign, whichever is greater.
(5) Moving, spinning, or fluttering festoons or accessory devices may be used only after being authorized by means of a temporary permit for accessory devices.
(6) Signs shall be located to provide adequate clearance for all electrical conductors in accordance with National Electrical Code specifications, but in no case shall a sign be installed closer than twelve inches from any public utility guy wire, or from any conductor, other than its own service conductors.
(7) Wall signs shall not extend above the top of the building or closer than one foot from the end of the wall to which they are attached, or be set out more than one foot from the supporting wall.
(e) Location.
(1) No sign shall obstruct any fire escape, required exit, window or door opening used as a means of egress.
(2) No sign shall obstruct any opening required for ventilation, chimney, or other flue-type vents.
(3) No sign shall obscure any traffic control device, intersection or railroad crossing.
(4) No sign shall be a traffic, safety or fire hazard.
(5) No freestanding sign shall be located within or project over a public right of way or other public property, except those of historic design conditionally permitted within the Harbour Town Historic District, as specified in Section 1274.14.
(6) No sign shall obscure a scenic landscape vista nor obscure views of Lake Erie and Vermilion River waterfronts from public rights of way and other public property. All signs facing the riverfront or lakefront shall be visually compatible with the environmental character of the immediate waterfront area in which they are located.
(7) No sign shall be placed so that it obscures the view of neighboring signs.
(8) The total cumulative area of all exterior business signs located on a property shall not exceed the amount allowed for that property by regulations contained within this chapter.
(f) Signs Bordering Interstate Highways. Notwithstanding any other provisions of this Zoning Code, signs within 660 feet of an Interstate Highway shall be erected and maintained in general accordance with Federal and Ohio laws regarding advertising devices along the Interstate Highway System, if such laws are more restrictive than the provisions of this Zoning Code; otherwise the provisions of this Zoning Code shall apply.
(Ord. 89-8. Passed 12-4-89.)
1274.05 SIGNS NOT REQUIRING PERMITS; POLITICAL SIGNS.
The following types of signs are exempt from the permit requirements of this chapter, but must be in conformance with all other requirements of this chapter:
(a) Signs used by churches, synagogues or other civic organizations not exceeding sixteen square feet in area. Larger signs must be approved by the Board of Zoning Appeals.
(b) Religious or community event decorations displayed for less than forty-five consecutive days.
(c) Memorial plaques, historic markers and graphic murals, monuments, tablets and cornerstones displayed on private property to include names of buildings, construction dates, monumental citations and historic notations, and commemorative tablets up to twelve square feet in area, when attached, applied to or made a permanent and integral part of a structure, in accordance with the City's Building Code. Such markings exceeding twelve square feet may be attached or applied only with the approval of the Board of Zoning Appeals.
(d) Nameplates of two square feet or less.
(e) Unlighted real estate signs seven square feet or less.
(f) Directional/information signs of eight square feet or less.
(g) Banners, pennants and other notice signs displayed for less than forty-five consecutive days announcing educational, charitable, civic, religious or like events. Such signs shall not exceed thirty-two square feet in area. However, when erected in residentially zoned areas or in the Harbor Town Historic District, such signs shall not exceed six square feet in area. Placement of any such sign over, upon or within a public right of way shall require the prior written approval of the Mayor.
(h) One construction sign or tract development sign for each street frontage of a construction project. Such signs shall not exceed thirty-two square feet, shall be erected not more than sixty days prior to the beginning of construction and shall be removed not later than two years after the date of issuance of the original permit for the construction.
(i) Window signs.
(j) Incidental signs.
(k) Political signs, subject to the following restrictions:
(1) Signs shall not exceed six square feet in area.
(2) A double-faced sign (e.g. front and back) shall not exceed six square feet in area per face (side).
(3) Multiple signs may not be placed so as to create a group or series of signs that serve to form a larger sign that exceeds the area herein permitted.
(4) A maximum of two single or double-faced signs per candidate or issue shall be permitted on any premises that are separately occupied or, if unoccupied, that are separately owned.
(5) Signs may not be posted in a manner that they may be destructive to public property or create a public health or safety hazard. No sign may be posted on any public utility pole, tree, highway, overpass or bridge abutment, within any public right of way or on any existing sign.
(6) All signs must be erected so that the maximum height of any sign or part thereof shall not exceed forty-two inches.
(7) Signs may not be erected more than thirty days before the date of the election which is the subject of such sign and must be removed not later than five days after the date of such election.
(8) Temporary commercial sign permits may not be used for placement of a political sign.
(9) The candidate or the chairperson of the committee for the issue which is the subject of the sign will be responsible for ensuring compliance with all applicable provisions of this subsection.
(10) A political sign that violates any provision of this subsection may be immediately removed by the City, and the cost of such removal shall be charged to the candidate or issue committee as applicable.
(11) No other provision of this Zoning Code shall be interpreted to permit noncompliance with any provision of this subsection.
(Ord. 97-51. Passed 7-7-97.)
1274.06 PROHIBITED SIGNS.
(a) The following types of signs are prohibited in all zoning use districts.
(1) Abandoned signs.
(3) Signs imitating or resembling official traffic or government signs or signals.
(4) Signs placed on vehicles or trailers which are parked or located for the sole purpose of displaying said sign. (This paragraph shall not apply to temporary "for sale" signs nor to commercial vehicles parked in the course of normal commerce.)
(5) Off-premises signs in any zoning use district other than B-4 Motorist Service Districts in accordance with provisions of Section 1274.12.
(6) Flashing signs.
(7) Signs containing statements, words or pictures of an obscene, indecent or immoral character.
(8) Signs which, through damage or deterioration, pose a hazard.
(9) Signs erected without a valid permit.
(b) Should such prohibited signs come into existence and the owner does not remove them within ten days after having been served notice of this prohibition, the City may cause the offending sign to be removed at the owner's expense as provided in Section 1274.10.
(Ord. 89-8. Passed 12-4-89.)
1274.07 LEGAL NON-CONFORMING SIGNS.
(a) Existing signs which do not conform to the specific provisions of this chapter may be eligible for the designation "legal non-conforming," provided that:
(1) The Building Inspector determines that such signs are properly maintained and do not endanger the public. In such respect, the Building Inspector shall follow the advice of the City Engineer or the Police Chief in determining what constitutes an unsafe sign.
(2) The sign was in existence within the City prior to the adoption of this chapter, was in an area annexed by the City subsequent to this chapter, or was located in a zoned use area whose zoning classification was subsequently changed.
(b) It is not the intent of this chapter to encourage the continued use of non- conforming signs.
All non-conforming signs, determined by the Building Inspector to constitute a safety or traffic hazard, shall, upon the advice of the City Engineer or Police Chief, as the case may be, be brought into compliance within five days after written notice is received from the Building Inspector.
(c) A non-conforming sign shall not be relocated or replaced unless it is brought into compliance with this chapter. However, it may receive normal maintenance and copy changes without loss of its legal non-conformity status.
(d) In the case where a non-conforming sign is damaged to the extent of seventy- five percent or more of either the structural or replacement value of the sign, the sign will be removed or brought into compliance. Where the damage is less than seventy-five percent, the sign shall be repaired or removed within thirty days.
(Ord. 89-8. Passed 12-4-89.)
1274.08 ABANDONED SIGNS.
(a) If any sign is abandoned, as described in this section, it shall be declared a public nuisance by reason that continued lack of use and maintenance results in a blighting influence on nearby properties.
(b) An abandoned sign is a sign that meets either of the following criteria:
(1) Any sign that remains after the termination of a business. A business is considered terminated if it is closed to the public for more than 180 continuous days. Seasonal businesses may apply to the Building Inspector for extensions of up to a total of 300 continuous days.
(2) Any sign that fails to meet maintenance requirements of Section 1274.04.
(Ord. 89-8. Passed 12-4-89.)
1274.09 VIOLATIONS AND APPEALS.
(a) When, in the opinion of the Building Inspector, a violation of this chapter exists, he or she will issue a written order to the alleged violator. The order shall specify those sections of this chapter which the sign may be violating and shall state that the owner has ten days to appeal the order to the Board of Zoning Appeals, or sixty days from the date of the order to have the sign removed or brought into compliance.
(b) In cases of emergency, the Building Inspector may cause the removal of a dangerous or defective sign simultaneously with issuance of the notice. Signs removed in this manner must present a hazard to the public safety as defined in the Ohio Basic Building Code.
(Ord. 89-8. Passed 12-4-89.)
1274.10 REMOVAL OF SIGNS BY THE CITY.
(a) Should a sign owner fail to remove or bring a violating sign into compliance within the prescribed time limits, the Building Inspector shall cause the offending sign to be removed at the City's expense. The Building Inspector will cause the City Finance Director to bill the owner. If the City is not reimbursed by the owner within thirty days after presentation of such expenses, the amount will be certified to the County Auditor and levied as a special assessment against the property on which the sign is located. Collection will be in the manner provided for special assessments. Interest charges may be added.
(b) The City shall not be responsible for any signs which it has been forced to remove.
(c) For purposes of removal, the definition of sign is expanded to include all sign embellishments and structures designed specifically to support the sign.
(Ord. 89-8. Passed 12-4-89.)
1274.11 SIGNS PERMITTED IN AGRICULTURAL AND RESIDENTIAL DISTRICTS.
The following signs are permitted in A-1, R-1, R-2, R-3, R-4, R-4a, R-5, R-6, R-S and RL-1 Agricultural and Residential Districts:
(a) All signs not requiring permits in Section 1274.05.
(b) One apartment or condominium complex may have one entrance sign not to exceed sixteen square feet. Where multiple ownership exists within an apartment complex, each individual owner may have one four square foot sign adjacent or attached to one of his or her buildings.
(c) In districts where home occupations or professional activities are permitted or existed prior to this chapter, a sign, not exceeding six square feet, is permitted. If freestanding, this sign must be no closer than five feet from the front right of way line nor closer than twenty feet from any side or back yard lot line.
(d) In an A-1 Agricultural District one sign advertising the sale of agricultural products shall be permitted, provided it is less than twenty square feet in area. (Ord. 89-8. Passed 12-4-89.)
1274.12 SIGNS PERMITTED IN COMMERCIAL AND INDUSTRIAL DISTRICTS.
Each business or industrial enterprise may have on-premises wall, window, awning, canopy, marquee, and/or freestanding pole or ground signs as regulated herein. The following signs are permitted in B-1, B-2, B-3, B-4, I-1, I-2 and I-3 Commercial and Industrial Districts:
(a) All signs not requiring permits in Section 1274.05.
(b) The maximum combined on-premises sign area shall be five square feet per linear foot of frontage. Strip shopping centers and shopping malls may exclude the area of any permitted freestanding sign from the total area calculations.
(c) One on-premises wall sign per occupant not to exceed four square feet in sign area for each linear foot of that occupancy's building frontage.
Where the occupant has more than one main street frontage, one additional wall sign is allowed on the additional frontage, based on two square feet in sign area for each linear foot of that occupancy's frontage on this additional street.
Where the rear of an occupant's building faces an adjoining parking lot, one additional wall sign may be located on this rear wall, provided it does not exceed twelve square feet.
(d) A projecting sign may be used instead of the allowed wall or freestanding signs, not to exceed a sign area of two square feet for each linear foot of frontage, up to a maximum of 100 square feet. Such signs may not project over public rights of way.
(e) Permanent and changeable window, awning, canopy and marquee signs are permitted within the confines of the supporting surface.
(f) One under awning, canopy, or marquee sign that does not exceed six square feet in area, provided that such signs have a minimum sign clearance of eight feet over any pedestrian use way and a minimum setback of two feet from any vehicular traffic right of way.
(g) One identification sign on the water side of any business enterprise abutting the Lake Erie or Vermilion River waterfronts, with an area of forty eight square feet or less, provided that such signs meet all other applicable requirements of this chapter.
(h) One freestanding on-premises sign will be permitted and regulated as follows:
(1) Within the B-2 Central Business District, freestanding signs shall meet all of the regulations detailed below in subsection (h)(3) through (8) hereof, and, in addition:
A. Shall be no closer than four feet to any public right of way.
B. On a corner lot, will be no closer than ten feet to the point of intersection of intersecting street right-of-way lines.
C. Shall not exceed forty-eight square feet in area, except that for those set back at a distance of twenty or more feet from the front lot line, a maximum area of sixty-five square feet is permitted.
(2) Within the B-1 Neighborhood Business, B-3 Highway Commercial, B-4 Motorist Service, I-1 Light Industrial, I-2 Heavy Industrial and I-3 Industrial Park Districts, freestanding signs shall meet all of the regulations detailed below in paragraphs (h)(3) through (8) hereof, and, in addition:
A. They shall be located no closer to intersecting public rights of way than twenty feet or the height of the sign, whichever is greater.
B. They shall not exceed sixty-five square feet in area unless the sign is set back a distance equal to or greater than the districts front yard setback requirement, which will then permit a maximum sign area of 100 square feet.
C. There will be only one freestanding sign for each building regardless of the number of businesses conducted in said building. For the purposes of this provision, any connection between structures on the same lot or development, including open roofs, grills, paved lots or drives, handrails or the like, shall cause the structures to be considered one building.
(3) No part of a freestanding sign shall be located within or project over any public right of way.
(4) Accessory signs attached to a freestanding sign may be approved on a special use basis by the Board of Zoning Appeals for existing signs, or by the City Planning Commission for new signs. The combined area of the freestanding and accessory signs shall not exceed the allowable total freestanding sign area for the premises.
(5) All freestanding signs shall provide sufficient clearance as needed in each situation, to assure clear visibility of nearby streets, intersections and parking lots.
(6) The height of all freestanding signs shall not exceed the permitted height for buildings and structures within the zoning district in which the sign is located.
(7) Freestanding signs shall be erected to conform with the side and rear yard setback requirements of the district in which located.
(8) Freestanding signs shall not be located within 100 feet of any public square or entrance to any public park, public or parochial school, library, church or museum.
(i) Trash containers, telephone booths, benches, planters and other street furniture located on a public right of way or other public properties, when used for advertising purposes, are limited to a single sign of two square feet with letters not exceeding two inches in height.
(j) A business whose principal mailing address is Vermilion, Ohio 44089, may apply to the Board of Zoning Appeals for approval of an off-premises identification sign on a special use basis. Such off-premises sign may be located only within the B-4 Motorist Service Districts. The maximum area of those special use off-premises signs shall be eight feet by sixteen feet (128 square feet) or less and shall conform to all other requirements of this chapter.
(k) Businesses located in the Harbour Town Historic District are also subject to the provisions of Section 1274.14.
(Ord. 89-8. Passed 12-4-89.)
1274.13 SIGNS PERMITTED IN FLOOD PLAIN DISTRICTS.
In FP Flood Plain Districts:
(a) Signs, uses for which would otherwise normally be located within Agricultural or Residential districts, shall be regulated as provided for in Section 1274.11.
(b) Signs, uses for which would otherwise normally be located within Business or Industrial districts, shall be regulated as provided for in Section 1274.12.
(Ord. 89-8. Passed 12-4-89.)
1274.14 SIGNS IN THE HARBOUR TOWN HISTORIC DISTRICT.
In addition to the applicable zoning district requirements listed above, all signs to be placed within the Harbour Town Historic District shall be reviewed as follows:
(a) All applicants who apply for a building permit for a sign to be placed within the Harbour Town Historic District, as defined in Chapter 1224, are to be referred to the Harbour Town Design and Review Board by the City Building Inspector for an advisory review of the design of the proposed sign prior to issuance of a building permit. The Board shall advise the applicant whether the proposed sign is compatible with the architectural character and materials of the building on which it is to be placed and whether it is harmonious with the historical character and nautical atmosphere of the Historic District. The Board shall consider the composition of the overall design, construction materials, textures, colors, lettering, styles, graphics, shape and lighting. The Board shall review the proposed sign and issue advisory design recommendations within thirty days of the building permit application date. If not returned by the Design and Review Board within this time limit, the application will be deemed to have its recommendation.
(b) Within the Harbour Town Historic District of the City, projecting signs of an appropriate design, which are in keeping with the architectural character of the building on which they are placed and which are harmonious with the historical character and nautical atmosphere of the area, may be permitted as a special use upon an advisory review by the Design and Review Board and approval from the Board of Zoning Appeals on condition that such signs do not exceed six square feet in area, are constructed of wood or metal and are mounted or suspended on an iron bracket. Furthermore, such projecting signs must clear sidewalks by at least eight feet; may project no more than three feet from the building wall surface; are not permitted at the intersection of corners, except at right angles to a building front; and may not extend vertically beyond the roof eave or parapet. No more than one such projecting sign may be specially permitted for each building or for each ground floor business in a building occupied by more than one business. The method of construction and attachment to the building must be approved by the City Building Inspector and City Engineer.
All letters, figures, characters or representations in cut-out or irregular form, maintained in conjunction with, attached to, or superimposed upon any sign, shall be safely and securely built or attached to the sign structure. Projecting signs exceeding fifty pounds in weight shall not be attached to nor supported by frame buildings nor the wooden framework of a building. Such signs shall be attached to masonry walls with galvanized expansion bolts of at least three-eighths of an inch in diameter, or shall be fixed in the wall by means of bolts extending through the wall, and shall contain a proper size metal washer or plate on the inside of the wall. No projecting sign shall be secured with wire, strips of wood or nails, nor shall any projecting sign be hung or secured to any other sign.
(c) Within the Harbour Town Historic District of the City, portable signs or freestanding pole signs of an appropriate design, which are in keeping with the architectural character and materials of the building on or near which they are placed and which are harmonious with the historical character and nautical atmosphere of the area, may be permitted on the sidewalk of a special use upon an advisory review by the Design and Review Board and approval from the Board of Zoning Appeals on condition that such signs do not exceed twelve square feet in area, do not exceed twelve feet in height, are located on the sidewalk in a manner and location so as not to be a hazard to either pedestrian or vehicular traffic on the adjoining street, such manner and location to be approved by the Board of Zoning Appeals.
(d) All signs within the Harbour Town Historic District should be of a color scheme compatible with the buildings, of wood or metal construction, with the use of plastic to be discouraged, and should incorporate graphic symbols and styles typical of the era when the building was constructed and expressive of the business enterprise.
(Ord. 89-8. Passed 12-4-89.)
1274.15 ADMINISTRATION AND ENFORCEMENT; AUTHORITY OF BUILDING INSPECTOR.
(a) The City Building Inspector shall be authorized to issue sign permits, hold related public hearings, and enforce and carry out all provisions of this chapter that are not reserved for other City authorities, both in letter and in spirit. He or she is also authorized to promulgate such forms, regulations, and procedures as may be necessary for the orderly execution of these functions.
(b) The City Building Inspector is empowered, upon presentation of proper credentials, to enter or inspect any building, structure or premises in the City for the purpose of inspection of the sign and its structural and electrical integrity and to insure compliance with all applicable codes and ordinances. Such inspections are to be carried out during normal business hours unless an emergency exists.
(c) The City Building Inspector shall be the primary official enforcing this chapter and he or she will cause citations to be issued when necessary.
(Ord. 89-8. Passed 12-4-89.)
1274.16 APPLICATION FOR PERMIT.
(a) Application for a building permit to erect, rebuild, reconstruct, alter or move any sign, as required herein, shall be made on forms provided by the Building Inspector, which shall contain:
(1) The name, address, and telephone number of the applicant and owner.
(2) The location of the building, structure, premises, or lot to which or upon which the sign is to be attached or erected, along with the name and address of the property owners if different from the applicant or sign owner.
(3) The type of sign or sign structure under this chapter.
(4) The name and address of the person erecting the sign.
(5) Dates of application and intended installation.
(b) Attached to the application form will be:
(1) A copy of the receipt from the City Finance Department showing payment of the appropriate fee (see Section 1274.17).
(2) Two scale drawings or blueprints of the plans and specifications showing the sign construction, method of attachment to the building or structure, and details of the supporting structure if freestanding, as well as sign face areas and wind calculations, if applicable.
(3) Written consent of the owner of the building, structure, or land to which or on which the sign is to be erected.
(4) Two site plans showing the proposed location of the sign and its relation to nearby buildings, structures and neighboring signs, as well as the square footage areas of all existing signs on the same premises.
(5) Such other information as the Building Inspector may require.
(Ord. 89-8. Passed 12-4-89.)
1274.17 PERMIT FEES.
(a) Every applicant, before a commercial sign permit request will be processed, will pay to the City of Vermilion a permit fee of $125.00 for the replacement of panels to an existing sign with no change in sign size, or $250.00 for a new sign, plus a State fee of 3%. Multiple sign requirements for the same premises may be combined on the same application.
(Ord. 2018-58. Passed 10-22-18.)
(b) If any sign is installed or placed on any property prior to receipt of a permit, the Building Inspector will notify the owner to stop until a permit is issued and a double fee paid. Payment of the double fee will not relieve any person of any other requirements or penalties prescribed in this chapter.
(Ord. 89-8. Passed 12-4-89.)
(c) Provided that the proposed sign complies with those requirements of this chapter applicable to it, and subject to the limitations hereinafter set forth, a permit for a temporary commercial sign will be issued upon payment of a fee of twenty-five dollars ($25.00). Each temporary commercial sign permit shall expire fifteen days from the date of issuance. Not more than two temporary commercial sign permits shall be issued in any calendar year with respect to any premises that are separately occupied or, if unoccupied, that are separately owned.
(Ord. 2018-58. Passed 10-22-18.)
1274.18 PERMIT ISSUANCE AND DENIALS.
The Building Inspector shall issue a permit for the erection, alteration, or relocation of a sign within ten working days after receipt of a valid application, provided that the sign complies with all regulations. Should a question on an application arise which is subject to interpretation, the more specific definition or higher standard will prevail.
When a permit is denied, the applicant will be given a written notice with a brief explanation for denial of the permit. Such denial shall be submitted within ten working days after application.
For situations requiring more time for study or other valid reasons, the City, by written notice to the applicant, may extend the reply time for an additional thirty calendar days.
Should the City fail to reply within the times prescribed, the application will be considered approved as submitted.
These time limits are not applicable if the subject is appealed to the Board of Zoning Appeals or the City Planning Commission, whose own action deadlines shall then apply. Should the applicant feel that he or she has been unfairly denied a permit, he or she may appeal the denial to the City Board of Zoning Appeals, which will set an appropriate hearing date. A majority of the Board shall be required to override a denial.
(Ord. 89-8. Passed 12-4-89.)
1274.19 VARIANCES.
(a) In obtaining a permit, the applicant may apply for a variance from certain requirements of this chapter. A variance may be granted by the Board of Zoning Appeals where a literal application of this chapter would create a particular hardship for the sign user and where the following criteria are met:
(1) A literal application of this chapter would not allow the property to be used at its highest and best use as zoned.
(2) The granting of the requested variance would not be materially detrimental to the property owners in the vicinity.
(3) Hardship caused the sign user under a literal interpretation of this chapter is due to conditions unique to that property and does not apply generally to the City.
(4) The granting of the variance would not be contrary to the general objectives of this chapter.
(b) In granting a variance, the Board may attach additional requirements necessary to carry out the spirit and purpose of this chapter in the public interest.
(Ord. 89-8. Passed 12-4-89.)
1274.20 AUTHORITY TO REVOKE PERMITS; PERMIT EXPIRATION.
(a) The Building Inspector shall revoke any building permit issued for a sign upon failure of the holder thereof to comply with any provisions of this chapter, or when the holder thereof submits any false statements or misrepresentations of fact in the application form. Fees will not be refunded.
(b) If the work authorized under a sign building permit has not been completed within twelve months after the date of issuance, the permit shall expire. A new application will be required after expiration of a previous permit, and applicable fees again paid. (Ord. 89-8. Passed 12-4-89.)
1274.21 PERMIT FEE REFUNDS.
(a) If a permit is denied, the permit fee will be refunded.
(b) If a permit is issued but no construction begun, and no inspections made and the sign construction terminated, the permit fee, less five dollars ($5.00), will be refunded when the permit is returned.
(Ord. 89-8. Passed 12-4-89.)
1274.99 PENALTY.
(a) Violations of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). Each day such violation continues shall be considered as a separate offense.
(b) The owner or tenant of any building, structure, premises, or any part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 89-8. Passed 12-4-89.)