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(A) The requirements of this section shall be applicable to all signage for approved non-residential uses in the R-4 District when said uses are not otherwise included in § 92.041.
(B) Except as otherwise permitted by this subchapter, signs in the CBD/Central Business District shall be limited to wall, canopy, awning, and certain ground-mounted signs.
(C) Regulations governing these signs are as follows:
(1) Wall signs and projecting signs.
(a) A projecting sign, wall sign, or combination of both may be located on any building wall of a structure so long as the maximum sign surface area of all signs on one wall does not exceed 10% of the area of the building wall to which the sign or signs are attached up to a maximum of 120 square feet.
(b) Projecting signs are attached to the building and extend perpendicular to the building.
(c) Projecting signs are allowed with the following provisions: minimum of nine feet from grade/sidewalk to the lowest edge of the sign; maximum of six feet from the side of the building to the outside edge of the sign; maximum of 10% of the wall area for size of signage, up to 120 square feet; the sign cannot extend vertically above the natural roof line or parapet wall.
General Location | Specific Location | Maximum Number | Maximum Area | Maximum Height* |
Façades facing a public street | Between first window and window sill of second floor, or on sign frieze area or building if original to building or sign if advertising different business than first floor, be allowed above first floor window for Historic District only. The maximum number of signs above the first floor window shall be one. | 1 | 10% of the building wall(s) facing a public street | 16 feet |
Façades facing an alley or parking lot | Above or beside doorway | 1 | 8 square feet | 12 feet |
Windows | First floor windows | 2 | 20% of total window space | 8 feet |
Outside entrance to upper floors | Above or beside | 1 | 8 square feet above entrance; 2 square feet beside entrance | 12 feet |
Windows | Upper floor windows, if different business | 1 | 50% of window size | N/A |
*As measured from the top of the sign to the sidewalk. | ||||
(2) Canopy and awning signs.
(a) A sign message on a canopy or awning shall contain only the name of the business, street address, and/or the type of business; type of goods sold; or services rendered.
(b) Each business is permitted one sign hanging under a canopy or awning, provided that the message on the sign is perpendicular to the building, and the sign is at least seven feet above the surface of the sidewalk and is no more than eight square feet in size.
(c) Signage on the canopy or awning sign shall be limited to no greater than 1/2 of the area bounded by the edges of the canopy or awning, not including any drip-flap or vertical fascia surface. If signage is only found in the fringe drip-flap portion of the canopy, the entire portion of the area might be utilized for signage.
(3) Ground-mounted signs. Businesses with a minimum building setback of 20 feet from the fronting right-of-way may be permitted the use of a ground-mounted sign in addition to any other permitted signage. The maximum height of such signs shall not exceed five feet. The maximum area for such signs shall be 32 square feet.
(4) One A-frame sign. Sign area not to exceed six square feet on each side.
(5) One flag sign that does not exceed 15 square feet or one non-traditional flag sign (e.g. feather flag, flutter flag, bowhead banner) that does not exceed three feet in width and that has a pole with a maximum height of ten feet above the ground.
(6) Pole signs. Signs suspended from or mounted on poles. Pole signs are allowed if: the setback of the building exceeds 20 feet from the right- of-way; minimum of nine feet from grade/sidewalk to the lowest edge of the sign; maximum height of 20 feet to the highest edge of the sign or pole; maximum of 10% of the wall area for size of signage to be divided by wall, projecting or pole signs; not to exceed a cumulative total of 120 square feet; existing poles will be allowed to remain in their present location.
(Ord. 01-44, passed 12-17-01; Am. Ord. 04-52, passed 11-15-04; Am. Ord. 08-14, passed 4-21- 08; Am. Ord. 10-02, passed 11-15-10; Am. Ord. 15-12, passed 5-4-15; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
(A) The intensity of commercial development in the commercial and industrial districts are established by the traffic-carrying capacity of the fronting thoroughfare. Signs may be illuminated internally or externally, subject to the requirements in the various districts.
(B) The Director of Planning and Community Development or his or her designee may place the following signs in such districts subsequent to the issuance of a permit. All other signs shall be prohibited. Additional specifications for sign placement are found in § 92.037.
District | Use | Type of Sign | Maximum Area (Wall ) | Maximum Area (Ground- Mounted) | External or Internal Illumina tion | Maxim um Height | Total Number |
District | Use | Type of Sign | Maximum Area (Wall ) | Maximum Area (Ground- Mounted) | External or Internal Illumina tion | Maxim um Height | Total Number |
HMD | Medical | Wall and ground - mounte d | 20% | 120 square feet (32 square feet) | External or Internal | 7 feet | 1 per street front |
SCD NSD | Shoppin g center directo ry | Ground - mounte d or pole | N/A | 120 square feet | External or Internal | 35 feet | 1 per street front; no closer than 100 feet |
SCD NSD | Shoppin g center out- parcels | Wall; ground - mounte d or pole | 20% | 120 square feet (120 square feet) | External or Internal | 35 feet 15 feet | 1 per street front |
GHBD MUSCD | General | Wall; ground - mounte d or pole | 20% | 120 square feet (120 square feet) | External or Internal | 40 feet | 1 per street front or 1 per busine ss per 100 feet |
NBD | General | Wall; ground - mounte d or pole | 20% | 120 square feet (120 square feet) | External or Internal | 40 feet | 1 per street front |
LID HID | General | Wall; ground - mounted or pole | 20% | 120 square feet (120 square feet) | External or Internal | 35 feet | 1 per street front |
I-O | Wall; ground - mounte d | 80 squar e feet | 80 square feet | External or Internal | 8 feet | 1 per street front | |
Note: Distance set-back right-of-way will apply. | |||||||
(C)(1) The aggregate area of all wall signs per premises may be increased based on the distance the principle building is set back from the existing right-of-way. No increase shall be permitted if used in conjunction with a ground-mounted sign.
(2) The increase shall be in accordance with the following table:
Principal Building Distance Setback from Existing Right-of-Way | Allowed Aggregate Wall Sign Area Increase |
0 - 99 feet | 0% |
100 - 249 feet | 50% |
250 - 349 feet | 75% |
350 feet + | 100% |
(D) One A-frame or pedestal sign or other similar sign. Sign must be at least five feet from the road right-of-way. Sign area not to exceed 12 square feet on each side and total height must be less than five feet from the ground.
(E) One A-frame or pedestal sign or similar sign. Sign must be at least five feet from road right-of-way. Sign area not to exceed 32 square feet on each side and total height must be less than five feet from the ground. In addition, the following must be met:
(1) Five-lane highway.
(2) Speed limit of 45 mph or greater.
(3) Minimum lot width of 200 feet.
(F) One flag sign that does not exceed 15 square feet or one non-traditional flag sign (e.g. feather flag, flutter flag, bowhead banner) that does not exceed three feet in width and that has a pole with a maximum height of ten feet above the ground.
(Ord. 01-44, passed 12-17-01; Am. Ord. 04-52, passed 11-15-04; Am. Ord. 05-30, passed 7-18- 05; Am. Ord. 06-22, passed 8-21-06; Am. Ord. 11-24, passed 7-18-11; Am. Ord. 13-01, passed 1-22-13; Am. Ord. 15-12, passed 5-4-15; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
(A) Except as herein provided, nonconforming signs that were otherwise lawful on the effective date of this subchapter may be continued.
(B) No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign or causes a previously conforming sign to become nonconforming.
(C) A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this subchapter. Once a nonconforming sign is removed from the premises or otherwise taken down or moved, the sign may only be replaced with a sign that is in conformance with the terms of this subchapter.
(D) Minor repairs and maintenance of nonconforming signs necessary to keep a nonconforming sign for a particular use in sound condition are permitted so long as the nonconformity is not in any means increased.
(E) If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this subchapter, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign shall be considered "destroyed" if it receives damage to an extent of more than 50% of the sign's value immediately prior to the sign having received the damage.
(F) Notwithstanding other provisions contained in this section, the message of a nonconforming sign may be changed so long as this does not create any new nonconformities.
(G) (1) If a nonconforming on- premises sign that advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity has for a period of at least 180 days not been operated, conducted, or offered, that sign shall be deemed abandoned and shall be removed or brought into compliance by the sign owner, property owner, or other party having control over such sign within 30 days after the 180-day period has expired.
(2) Notwithstanding the above, if there is a change of name of business on a particular piece of property, and there were one or more on-premises nonconforming signs which advertised the former business or use, any new signs used, and all new sign faces for the new use or business, must meet all sign requirements for the underlying zoning district.
(H) (1) If a nonconforming sign remains blank for a continuous period of 180 days, that sign shall be deemed abandoned and shall, within 30 days after such abandonment, be altered to comply with this subchapter or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign.
(2) For purposes of this subchapter, a sign shall be deemed "blank" if:
(a) It advertises a business, service, commodity, accommodations, attraction, or other enterprise or activity that is no longer operating or being offered or conducted; or
(b) The advertising message it displays becomes illegible in whole or substantial part; or
(c) It does not contain an advertising message. (For such purposes, the terms "Sign For Rent," "Sign For Lease," "Sign for Sale," etc. shall not be deemed to be an advertising message).
(I) All nonconforming signs shall be removed within ten years following the effective date of this subchapter.
(Ord. 01-44, passed 12-17-01; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
Name markers may be constructed and maintained within street rights-of-way at the entrance of the street leading into the subdivision or industrial park upon the following conditions:
(A) Location of the marker shall be approved by the Zoning Enforcement Officer and shall be constructed and maintained in a manner that will not obstruct the line of sight of motorists approaching the street with which the entrance street intersects or impede the customary and usual maintenance of either street.
(B) The marker must meet all zoning and sign requirements.
(C) Where a marker involves a state maintained street or road, the developer of the subdivision or industrial park shall first obtain the approval in writing of the State Department of Transportation.
(D) The cost of maintaining the marker and the area surrounding the marker shall be the responsibility of the developer of the subdivision or industrial park. Failure to maintain the marker or the area surrounding the marker shall be cause for the Zoning Enforcement Officer to require the marker to be removed, the cost of which shall be borne by the developer of the subdivision or industrial park. Any person aggrieved by an order of the Zoning Enforcement Officer to remove a marker may appeal the decision to the City Council within 20 days from the date of service of the notice of removal.
(Ord. 89-5, passed 5-15-89; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
A sign may be placed at the entrance of an industrial park consisting of the individual businesses located within the park regardless of current ownership of industrial lots. The sign shall not exceed 120 square feet.
(Ord. 94-02, passed 2-21-94; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
OFF-STREET LOADING AND STORAGE
Every building or structure used for business, trade, or industry hereafter erected shall provide space as indicated below for the loading and unloading and maneuvering space of vehicles off the street or public alley. The space shall have access to an alley or, if there is no alley, to a street. For the purposes of this section, an off-street loading space (exclusive of adequate access drives and maneuvering space) shall have minimum dimensions of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade. Space requirements are as follows.
Retail | One space for each 5,000 square feet of gross floor area. |
Wholesale | One space for each 10,000 square feet of gross floor area. |
(‘58 Code, § 19-64; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
TELECOMMUNICATIONS
Telecommunication towers and facilities are permitted as a special use in all zoning districts established under the City Zoning Ordinance provided the following conditions are met in addition to any applicable regulations set forth for the district:
(A) All telecommunication towers must be of a monopole design and construction. All monopoles must be designed to "telescope" or collapse inward unless documentation can be provided to prove such design is not feasible. Towers of the lattice variety may be used if documentation is provided by the applicant that demonstrates that a monopole tower cannot adequately serve the area.
(B) The maximum allowable height of a tower is 199.9 feet. No variance to the height may be granted unless the applicant can prove the maximum height will not allow for the provision of adequate service levels (i.e. cannot meet reasonable service coverage area). The maximum tower height may be increased by a ratio of one foot for every one linear foot of distance beyond 1,000 linear feet between the base of the proposed tower and any residential districts or platted subdivisions. In such instances, the maximum tower height shall be 240 feet.
(C) The placement of telecommunication towers on existing public utility structures such as water towers whenever feasible is encouraged. No tower may be located within 3,000 linear feet (as measured using the shortest straight line distance between each tower) of a water tower unless the applicant can prove that locating on the water tower is not feasible.
(D) Towers which are completely concealed within an architectural feature of a building or structure so that the tower is architecturally indiscernible as a separate entity are encouraged. Height and setback requirements may be waived when placed on public utility structure or built as concealed towers.
(E) Providers are encouraged to co-locate facilities in an effort to reduce the number of telecommunication towers in the city. The city may require telecommunication providers to negotiate in good faith with other telecommunication providers space at a reasonable lease cost, and to publicize the fact that space is available on a lease basis as part of the special use process. No tower may be located within 1,500 lineal feet of an existing tower unless the applicant can prove co-location is not a viable option.
(F) Where a telecommunication tower is located on a lot with an existing non-residential principal use. The tower must be located in the rear or side yards. If the principal use is residential, the tower must be located in the rear yard only.
(G) An applicant must provide documentation establishing that the proposed tower complies with the Federal Radio Frequency Emission Standards.
(H) Wherever feasible, all accessory structures on the ground which contain switching equipment or other related equipment must be designed to closely resemble the neighborhood's basic architecture or the architecture and style of the principal use on the property.
(I) Screening is required along all sides of the perimeter of the telecommunication tower site as defined in § 92.008 under "Buffer Strip". In addition, a minimum eight foot high fence is required immediately around the tower and any equipment building(s), with the screening to be located on the outside of the fenced area. The telecommunication provided is to be responsible for keeping all landscaping material free from disease and properly maintained in order to fulfill the purpose for which it was established. The owners of the property, and any tenant on the property where screening is required, shall be jointly and severally responsible for the maintenance of all screen materials. Such maintenance shall include all actions necessary to keep the screened area free of litter and debris, to keep plantings healthy, and to keep planting areas neat in appearance. Any vegetation that constitutes part of the screening shall be replaced in the event it dies. Applicants that are building new towers with co-location opportunities shall plan the fence and screening to accommodate future telecommunication providers on the site such that the fence and screening surrounds all future structures and the tower.
(J) Telecommunication towers may be denied on the basis of negative influence on property values or on aesthetic concerns provided that there is evidence to prove the impact on adjacent property owners will be significant. If a request is denied because of negative influence on property values or on aesthetic concerns, the city must clearly state the reasoning and available evidence of the impact on adjacent property values.
(K) A minimum setback requirement, on all sides of the property shall be one foot for every one foot of actual tower height. For the purpose of establishing setbacks, the measurements shall be from the perimeter fencing which surrounds the equipment shelters, and tower base. No habitable structures shall be within the required setback area. Minimum setback requirements may be reduced by the city if warranted.
(L) Towers having a height of 200 feet or less, shall not contain lights or light fixtures at a height exceeding 15 feet. Furthermore, lighting of all towers in any district shall be directed toward the tower and/or accessory uses to reduce the effect of glare.
(M) Towers and related facilities no longer used for its original intent for a period of 90 consecutive days shall be abandoned and must be removed by the applicant and/or property owner. It shall be the responsibility of the applicant to notify the city when the tower has been abandoned for greater than 90 days.
(N) A telecommunication provider must apply for a new review and approval process by the Planning Board and City Council of any planned increase in tower height to an existing telecommunication tower. Normal maintenance and repair of the structure can be completed without the issuance of a new permit at the discretion of the Zoning Officer. Co-location of additional telecommunication providers to an existing, approved tower requires review and approval by the Zoning Officer, unless an increase in tower height is proposed, which would require the telecommunication provider to apply for a special use permit, which includes review and approval by the Planning Board and the City Council.
(O) Free-standing signs are prohibited. Wall signs limited to identification area allowed on equipment structures on fences surrounding the telecommunication tower provided it does not exceed nine square feet in size. Any signage must be specifically addressed in the special use permit.
(P) The telecommunication provider must show proof of adequate insurance coverage for any potential damage caused by or to the tower prior to the issuance of a special use permit. Once approved, documentation of adequate insurance must be provided to the city every 12 months.
(Q) Outdoor storage of equipment or other related items is prohibited.
(R) All applications for a special use permit for a telecommunication tower must include the following information in addition to any other applicable information required in the Zoning Ordinance:
(1) Identification of intended telecommunication provider(s);
(2) Documentation by a professional engineer that the tower has sufficient structural integrity to accommodate more than one user, if applicable;
(3) A statement from the provider indicating intent to allow shared use of the tower and how others will be accommodated, if applicable;
(4) Evidence that the property owners of residentially zoned property within 300 feet of the site in addition to adjacent property owners if applicable, have been notified by the applicant of the proposed tower height and design;
(5) Documentation that the telecommunication tower complies with the Federal Radio Frequency Emission Standards;
(6) Documentation that towers over 199.9 feet are necessary for a minimal level of service;
(S) The provisions of 92-60 shall not apply to radio transmission facilities having a height of 100 feet or less and which, at a height of 50 feet above the base, have a maximum horizontal measurement of 18 inches, nor to towers erected and maintained by a public authority for public safety or emergency communication purposes, nor to antennas or antenna structures used by individuals or groups licensed in the Amateur Radio Service by the Federal Communication Commission.
(Ord. 97-58, passed 1-5-98; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
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