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(A) Permit required. Applications for approval of transit stops on private property shall be submitted for review and approval by the Planning and Zoning Department.
(B) Location. The applicant shall work with the Beavercreek Planning and Zoning Department and the Beavercreek Engineering Department to choose the most logical location and traffic flow design for the transit facility to ensure the safety of both users and non users of the transit stop on private property.
(1) Transit stops on private property will be, whenever possible, designed to encompass existing off-street parking spaces, so long as the new transit stop does not cause the number of parking spaces to drop below the minimum required in § 158.114(S).
(2) In no instance shall transit stops on private property be located so that transit vehicles have to load/unload passengers while parked in thru lanes when only one thru lane is available in each direction.
(C) Sign. The signage shall be a maximum 14 inches wide by 15.5 inches high.
(D) Maintenance.
(1) Amenities are to be maintained regularly, and any damaged or dirty amenity shall be immediately corrected by the property owner.
(2) The property owner shall be required to remove any and all amenities, and return the site to its original condition, upon termination of service to any transit stop.
(E) Appeals. Any person, firm or corporation who or which has been aggrieved or affected by any decision of the Planning and Zoning or Engineering Departments may appeal such decision to the City Council by filing a petition with the Clerk of Council within 15 days from the date of the decision. Such petition shall state the facts of the case. There shall be filed with the petition a separate document stating the grounds of the appeal.
(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 14-17, passed 8-25-14)
(A) General information.
(1) Intent. To promote and protect the public health, safety and welfare through the preservation, protection and enhancement of the environment by recognizing the vital importance of tree growth in the ecological system and by fully utilizing the benefits of landscaping in development. It is further the purpose of this chapter to: promote the preservation, replacement and augmentation of major trees removed in the course of land development and mitigate the impact of development, promote and utilize appropriate landscaping, screening and buffering between land uses, soften the appearance of building masses and paved areas and reduce generation of heat and storm water runoff.
(2) Applicability. The requirements outlined in this section are applicable to all new developments and redevelopments, within the City of Beavercreek, except on properties used for residential purposes located in residential (R-1AA, R-1A, R-1B) districts and properties in agricultural (A-1) districts, unless said property is a non-conforming multi-family residential structure in an R-1AA, R-1A, R-1B or A-1 districts.
(3) Application process. For PUD applications, general buffering and screening requirements shall be included with the concept plan and a detailed landscape plan, including a plant schedule shall be provided at the specific site plan stage. For permits issued in straight zoning districts, a detailed landscape plan shall be submitted with the zoning permit application.
(4) Alternative compliance. It is not the intent of landscape regulations to establish arbitrary regulations or to inhibit creative solutions to land-use problems. It is recognized that, under certain conditions, a strict interpretation of the requirements may be either physically impossible or economically impractical. These landscape regulations require certain elements that meet certain objectives within the site plan. Requests for use of alternative landscaping schemes are justified only when either the sites involved have space limitations or unusually shaped parcels; when topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical, due to a change of use of an existing site, the required buffer yard is larger than can be provided; or other safety considerations are involved.
(B) Plan preparation and submittal requirements. Landscape plans for development must have the following information before the approval process begins. The plan must be to scale between 1 inch = 10 feet and 1 inch = 40 feet and must be drawn on a separate sheet of paper. The plan must include the following:
(1) Property lines.
(2) Zoning and use of all abutting properties, location of buildings on abutting properties within 100 feet of property line; and zoning and use of properties directly across any collector, primary, or secondary street adjacent to the subject property.
(3) Name, location, and right-of-way of all public and private streets.
(4) Natural features such as ponds, lakes and streams.
(5) Delineation of 100-year floodplain and wetlands, and 50-year floodplain information may be required for certain project areas.
(6) Existing and proposed storm water management ponds.
(7) Required yard depths/widths (i.e., setbacks from all lot lines).
(8) Location, height, dimensions, and use of all existing and proposed buildings and other structures (including parking lots, sidewalks, and other paved areas; fences and walls; and recreational equipment) of subject property.
(9) Proposed grading in two-foot contours or better with any slope at 3:1 or steeper indicated. Storm water management ponds shall be indicated.
(10) Location of existing and proposed utilities and utility easements, including water, storm drain, and sanitary sewer pipes; overhead wires; utility poles and boxes; and signs if available.
(11) Location, size and description of all elements required to be screened.
(12) Show existing vegetation, including existing trees equal to or greater than eight inches DBH, measured at four and a half feet above base of the tree. Existing trees must be shown at approximate size. It will not be necessary for the owner/developer to survey trees of this size in large areas where woodland preservation is shown on the plan. Existing trees are to be shown in plan view with the circle diameter, a.k.a. crown spread, the approximate size of the existing tree canopy.
(13) Site tabulations including site square footage, open green space square footage, parking lot interior, and quantity of trees required. Required landscape strip width for front, side, and rear lot lines.
(14) Plant Schedule indicating key, quantity, scientific name, common name, size, condition, and spacing of all plants shown on the plan. See Figure 9 in division 158.135 (C)(5) for an example of a plant schedule.
(15) Landscape plan symbols for proposed plants must be drawn at approximate mature sizes specified in the chart below. The following table shall be used in determining size of landscape symbols to be drawn on the plan. Symbols or hatching patterns must be unique for each of the following categories. See Figures 1 and 2 below.
Landscape Plan Symbols Figure 1 |
Landscape Plan Symbols Figure 1 | |
Shade trees | 30 feet diameter |
Ornamental trees | 10-15 feet diameter |
Evergreen trees | 10-15 feet diameter |
Shrubs | 2-5 feet diameter |
Perennials | Plant massing |
Annuals | Hatching pattern |
Groundcovers | Hatching pattern |
Grass/sod | Label as such (sod, grass) in appropriate areas |
(C) Landscape regulations and requirements.
(1) Requirements. The following are minimum requirements for landscape plans. Creative landscape planning and design is encouraged provided it meets the minimal requirements set forth in this section. Refer to § 158.135 (C)(2) below for design guidelines and recommendations on how to approach the planning of the landscape. PUD proposals allow flexibility provided they meet these minimum requirements.
(a) Residential requirements.
1. Multi-family dwellings; Subdivision (R-3, R-4, and R-PUD, or non-conforming R-1AA, R-1A, R-1B or A-1). A minimum of one shade tree is required per 2,500 square feet or fraction of open green space provided. One-half of the number of required shade trees may be satisfied on a 2:1 basis by the use of ornamental trees (not to exceed one-fourth of the required number of shade trees) and evergreen trees (not to exceed one-fourth of the required number of shade trees). Lakes or other water areas, any required parking lot landscaped strip adjacent to a public right-of-way, and any required interior parking lot green area shall be excluded when determining the total amount of green area provided. This requirement is separate from parking and screening requirements. Trees shall be located so as to best fulfill the design guidelines set forth in § 158.135(C)(2).
2. Townhouses (R-2, or non-conforming R-1AA, R-1A, R-1B or A-1). There shall be a minimum total of one and one-half shade trees required per 2,500 square feet or fraction of open green space provided, and one ornamental or evergreen tree per dwelling unit, to be located on individual lots, and in common open space, so as to best fulfill the design guidelines set forth in § 158.135(C)(2).
3. Manufactured Homes (R-5). In all manufactured home developments, screening shall be provided along all rear and side property lines which abut other residential districts. See buffering and screening requirements in § 158.135(E). Such screening shall be in accordance with the schedule of required buffers between zoning districts, as described in § 158.135 (E). For each unit there shall be one shade tree located between the unit and the street, while not blocking vehicle ingress and egress or creating a line of sight hazard onto the lot.
4. Single Family (R-PUD, R-1AA, R-1A, R-1B or A-1). There shall be a minimum of one shade tree on each single family lot, between the sidewalk and the front of the principle structure.
(b) Neighborhood Business District (B-1). For neighborhood business districts, the following shall be required. A minimum total of one shade tree is required per 1,600 square feet or fraction of green space provided. This requirement is separate from parking and screening requirements.
(c) Commercial and industrial developments (B-2, B-3, B-4, O-1, ORP-1, RP-1, RO-1, I-1, I-2). In all commercial and industrial districts, and in the case of all nonresidential uses in residential districts, one shade tree is required per 2,000 square feet or fraction of open green space provided. A landscaped strip, as described in § 158.135(C)(2) , shall be provided on the property adjacent to all public rights-of-way. New commercial and industrial planned unit developments (PUD) or major modifications to a PUD have a minimum requirement of maintaining 25% green space of the total open space provided on the site. See §§ 158.072 - 158.074. Interior streets in nonresidential districts shall be landscaped such that there is at least one canopy deciduous or evergreen tree per 35 linear feet of frontage along the road right-of-way, three ornamental trees per 40 feet of frontage along the road right-of-way, the landscape strip within the subdivision shall be planted in grass and there shall be a massing of ornamental grasses, perennials, and/or annuals or bulbs are required at the entrance to individual lots.
(d) Mixed Use Planned Unit Development (MX-PUD). In all PUDs where commercial and residential uses coexist, the areas that are commercial must comply with the commercial and industrial requirements in this section. The residential areas must comply with the residential requirements of this section. The boundaries between different uses in a MX-PUD must be shown on the landscape plan.
(2) Parking lot requirements.
(a) Landscape strip requirements. When a parking lot in any zone is located adjacent to a public right-of-way, a landscaped strip as described in Figure 3 shall be provided on the property between the parking lot and the right-of-way. The landscape strip may not include any paved area except pedestrian sidewalks or trails perpendicular to the roadway, which cross the landscaped strip. In the R- PUD or in other circumstances where greater parking lot setbacks are required than those listed in Figure 3, the greater requirement shall apply. Any of the following landscape strip treatments may be used singly or in combination:
Landscape Strip Options Figure 3 | |
Option #1 | Provide a minimum ten-foot wide landscaped strip between the right-of-way and the parking lot to be planted with a minimum of one shade tree and ten shrubs per 35 linear feet of frontage, excluding driveway openings. |
Option #2 | Provide a berm, the top of which is at least two and one-half feet higher than the elevation of the adjacent parking lot pavement. The slope of the berm or any other areas on the plan shall not exceed 33% (3:1). Berms should be graded to appear as smooth, rounded, naturalistic forms with varying heights, not linear in design. Avoid narrow bumps that result from creating too much height for the width of space. Plant with a minimum of one shade tree and five shrubs per 35 linear feet of frontage, excluding driveway openings. |
Option #3 | Provide a minimum ten-foot wide landscaped strip and a minimum three-foot grade drop from the right-of-way line to the adjacent parking lot pavement. Plant the resulting embankment with a minimum of one shade tree and five shrubs per 35 linear feet of frontage, excluding driveway openings. |
Option #4 | Provide a minimum seven-foot wide landscaped strip between the right-of-way line and the parking lot, with a minimum three-foot high brick, stone or finished wall, matching the architecture, construction materials, and colors of the principal building, to screen the parking lot. The wall shall be located adjacent to but entirely outside the seven-foot landscaped strip. Plant with a minimum of one shade tree per 35 linear feet of frontage, excluding driveway openings. Drawing elevations of the proposed wall must be submitted with the landscape plan. |
Option #5 | Provide a minimum 25-foot wide strip of existing woodlands. Existing woodlands, if preserved, may be used in conjunction with other forms of screening. Where the plantings required in § 158.135 (C)(2)(a) would result in an inappropriate or impractical design due to underground utilities, overhead wires, or other factors, the following will apply then either two ornamental trees may be substituted for one shade tree, two evergreen trees may be substituted for one shade tree or one evergreen tree may be substituted for five shrubs. |
(b) Perimeter parking landscape requirements. The following two options may be used individually or in combination for perimeter parking landscaping. The first option is to provide a landscaped strip between the parking lot and any adjacent property line, that shall be a minimum of ten feet wide for sites over 20,000 square feet and a minimum of five feet wide for sites less than 20,000 square feet. Within this landscaped strip, provide one tree and three shrubs per 35 linear feet of parking lot perimeter adjacent to a property line. (This does not mean that shade trees must be located 35 feet on center.) Any shade tree planted to fulfill another requirement of these regulations, which is located within 15 feet of the edge of the parking lot, or any existing shade tree exceeding four inches caliper, which is located within 15 feet of the edge of the parking lot, may count toward fulfillment of this requirement. A second option is to provide a minimum 25-foot wide strip of existing woodlands. If more than the minimum 25-foot width of existing woodlands are preserved, the Planning Commission may waive part or all of the requirements for landscape strip or perimeter parking lot requirements.
(c) Parking lot interior requirements. A minimum of 4% pervious area of the total vehicular use area is required for parking lot interiors. This requirement is separate from perimeter parking requirements, and shall provide pervious areas devoted to landscape. Greater than 4% may be required in large vehicular use areas at the discretion of the Planning Director or his or her designee. When designing a landscape plan for the interior of a parking lot, there shall be at least two shade trees which shall be located within 60 feet of every parking space, measured from the trunk of the tree to the center of the parking space. See Figure 5.
1. There are three types of parking islands found in a parking lot. Terminal islands are located and required at the ends of parking bays. These islands shall be a minimum of nine feet wide. At a minimum, 75% of terminal islands shall be planted with perennials and shrubs, not exceeding two feet in height so as to not create a line-of-sight hazard. The remaining 25% may be covered with grass or mulch. Standard Islands are located between terminal islands, these islands shall be a minimum of nine feet wide. At a minimum 75% of standard islands shall be planted with perennials and shrubs, not exceeding two feet in height so as to not create a line-of-sight hazard. The remaining 25% may be covered with grass or mulch. Interior parking islands are located between bays, these islands shall be a minimum of eight feet wide for double loaded spaces and six feet wide for single loaded spaces. At a minimum 75% of interior islands shall be planted with perennials and shrubs. The remaining 25% must be planted with groundcovers. See Figures 6 and 7.
2. For the purposes of computing the total area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including planting islands, curbed areas, corner areas, parking spaces, and all interior driveways and aisles except those with no parking spaces located on either side. Landscaped areas situated outside of the parking lot, such as peripheral areas and areas surrounding buildings, may not be counted as interior planting areas. See Figure 7.
3. If a parking lot less than 10,000 square feet is built without interior landscaping and then later, additional spaces are added so that the total of the lot is greater than 10,000 square feet, then the interior landscaping shall be provided for the entire parking lot.
4. Planting spaces must be large enough to allow for healthy tree growth and must be protected from car overhangs and opening car doors. Each space shall have a minimum of 60 square feet of continuous pervious land area provided for each tree. No tree planting area shall be less than six feet wide in any dimension and curbs shall be provided for all parking spaces adjacent to planting or pedestrian areas to protect those areas from overhanging by parked vehicles. In the case where planting islands are parallel to parking spaces, they shall be a minimum of nine feet wide. In cases where a planting island is perpendicular to parking spaces and the spaces head into the planting island on both sides, the island shall be a minimum of eight feet wide to allow for bumper overhang. If parking spaces are located on only one side of such a planting island, the island shall be a minimum of six feet wide.
See Figure 6. For all buildings requiring site plan review, wherever practical, landscaped planting beds shall be placed adjacent to the building on front and sides, and have a minimum width of four feet. Creativity of the bed shape and dimension is encouraged. For the front and any facades visible from a public street, a minimum of 60% of the exterior building perimeter shall be planted in the planting bed adjacent to the building façade with a combination of small ornamental trees, shrubs, groundcovers, perennials, ornamental grasses, annuals, and/or bulbs. Planters with the above plant materials may be accepted for a portion of the requirement.
(d) Credit for preserving existing trees. Credit may be received on the parking lot interior landscape by preserving existing trees capable of tolerating adjacent construction. In order to maintain any tree deemed eligible for credit, the ground area under and within the drip line of the tree shall be preserved from the trunk out to the edge of the drip line and shall be maintained in existing vegetative landscape material or existing pervious surface cover. The Planning Director or his or her designee may determine that lesser areas will provide sufficient nourishment for the continued growth of the preserved tree based on its species and specific conditions. A certified arborist or a licensed Landscape Architect, at the owner's expense, may be required to examine the condition of existing trees to be preserved when technical issues beyond the scope of the Planning and Zoning Department arise. The developer is required to contact the Planning and Zoning Department for a tree preservation inspection prior to any grading or earth movement near existing trees to ensure that proper tree preservation measures are taken. See Figure 14 in § 158.135 (D)(6) for tree preservation measures. Grading under the drip line of the tree or any disturbance including the movement of heavy equipment within said dripline at any time during development is not permissible and will void tree credits given by saving existing trees. Existing trees which were preserved in the approved plan, but do not survive or exhibit characteristics of dying must be replaced by the same number of trees credited toward the existing preserved tree according to the Schedule of Credit for Preserving Existing Trees, Figure 8. The required number of new trees may be reduced in accordance with the following schedule in exchange for preserving existing trees:
Schedule of Credit for Preserving Existing Trees Figure 8 | ||
Diameter of Existing Crown Spread of Preserved Tree | Diameter of Tree Trunk of Preserved Tree | Number of Shade Trees Credited |
Schedule of Credit for Preserving Existing Trees Figure 8 | ||
Diameter of Existing Crown Spread of Preserved Tree | Diameter of Tree Trunk of Preserved Tree | Number of Shade Trees Credited |
60-89 feet | 30 inches or greater | 8 |
50-59 feet | 26-29 inches | 7 |
40-49 feet | 20-25 inches | 6 |
30-39 feet | 13-19 inches | 4 |
20-29 feet | 8-12 inches | 3 |
16-19 feet | 4-7 inches | 2 |
Rounded off to the nearest whole foot measured at a height of four and one-half feet above the natural grade (DBH) and rounded off to the nearest whole inch | ||
(3) Buffering and screening requirements. Screening shall be provided in order to create a visual barrier that partially or completely obstructs the view of structures or activities in order to minimize or prevent nuisances. Additionally, it is to provide an acoustic screen to aid in absorbing or deflecting noise, and to contain ambient debris and litter.
(a) Loading areas. All loading areas consisting of two or more loading spaces, loading docks, vehicular lanes providing access to the above, and service or maintenance areas shall be screened from residential zones and all adjacent public roads. Either a minimum six feet high opaque wall or fence that matches the architecture, materials, and colors of the principal building; a six feet high earthen berm with plantings sufficiently high enough to screen the loading area from adjacent property; or a screen of six feet (at the time of planting) evergreen trees or shrubs, minimum of 15 feet on center, double staggered row shall be used to screen loading areas. Greater than ten feet high walls or fences may be required in areas where additional screening is needed as determined by the Planning Director or his or her designee.
(b) Trash Receptacles. All trash receptacles shall be located on the property so as to be accessible for trash collection by sanitation vehicles, and shall not be located within the public right-of-way, or alley.
1. All trash receptacles shall be screened from public view, from public streets, public rights-of-way, and from abutting or adjacent properties.
2. Screening on three sides of the trash receptacle shall consist of a solid, opaque enclosure constructed of brick, concrete, concrete block or other decorative masonry, and shall be consistent with the architectural character of the development or principal building or structure. The open end of the enclosure shall have a 100% solid opaque metal, vinyl, PVC, or wooden gate that includes stop pins to lock the gates open for servicing and which are not readily degradable due to sunlight, moisture, or wind, with self closing hinges.
3. All exterior sides of the enclosure, except the gate, shall be landscaped pursuant to § 158.135, Landscaping, Screening and Buffering.
4. Trash receptacle enclosures shall not be located any closer to the road than the front of the principal structure.
5. All trash receptacle enclosures shall be a minimum of six feet high, and large enough to enclose all trash receptacles used by the principal use of the property. At the option of the property owner, the overall square footage of the trash receptacle enclosure may be increased an additional 80 square feet to allow for outdoor storage of property.
(c) Mechanical Equipment.
1. All mechanical equipment, such as HVAC systems and the like, shall be screened from public view, from public streets, public rights-of-way, and from abutting or adjacent properties.
2. Screening on three sides of the mechanical equipment shall consist of a solid, opaque enclosure constructed of brick, concrete, concrete block, vinyl, PVC, or other decorative masonry, and shall be consistent with the architectural character of the development or principal building or structure. Landscaping material, such as shrubs or evergreen trees can be used in lieu of, or in combination with, the aforementioned materials, provided the design results in the required opaque enclosure.
(4) Landscaping bonding requirements. Prior to the issuance of any zoning permit for development in any district other those exempted by this section, the developer/applicant shall submit to the city a performance bond, cash bond, or letter of credit to insure the installation of landscaping as approved. The bond or letter of credit shall be in an amount equal to the applicant's estimate of the cost of installation as approved by the Planning and Zoning Department and shall remain in effect until such time as the landscaping has been completed as determined by the city. Upon completion of the installation of landscaping, the applicant may request, in writing, the release of the performance bond or letter of credit. Following an inspection by the city and upon determination by the city that the landscaping has been completed in accordance with the approved landscaping plan, 80% of the performance bond or letter of credit may be released. However, the remaining 20% of the performance bond or letter of credit will not be released until a maintenance bond lasting three growing seasons, or letter of credit equal to 20% of the initial performance bond or letter of credit to ensure maintenance of the landscaping is submitted to and accepted by the city.
(5) Administration and enforcement. The Planning and Zoning Department is responsible for the administration of the landscape plan review process, and for the enforcement of these ordinances. The Department shall maintain a checklist that lists the requirements set in this section in order to ensure completeness of a submitted landscape plan. The Planning Director or his or her designee shall work with the developer to make certain that all of the requirements in this section are met, and shall approve a landscape plan and bond amount that meets these requirements, and may enforce the requirements of this section, before, during, or after construction of a project.
Plant Schedule Example Figure 9 | ||||||
Key | Quantity | Scientific Name | Common Name | Size | Condition | Spacing |
Plant Schedule Example Figure 9 | ||||||
Key | Quantity | Scientific Name | Common Name | Size | Condition | Spacing |
AC | 13 | Abies concolor | White Fir | 6-7' hgt. | B&B | As shown |
AR | 9 | Acer rubrum ‘Autumn Flame’ | Autumn Flame Red Maple | 3" cal. | B&B | As shown |
BM | 27 | Buxus microphylla v. Koreana | Boxwood | 18" | No. 3 | As shown |
CH | 3 | Chamaecyparis pistifera ‘Squarrosa’ | Sawara False Cypress | 3' hgt. | B&B | As shown |
CP | 5 | Crataegus phaenopyrum ‘Winter King’ | Winter King Hawthorn | 2" cal. | B&B | As shown |
FV | 28 | Forsythia viridissima ‘Bronxensis’ | Bronx Forsythia | 18" | No. 3 | As shown |
Plant Schedule Example Figure 9 | ||||||
Key | Quantity | Scientific Name | Common Name | Size | Condition | Spacing |
PS | 2 | Prunus subhirtella ‘Pendula’ | Weeping Higan Cherry | 2" cal. | B&B | As shown |
TM | 20 | Taxus x. media ‘densiformis’ | Anglojap Yew | 18" | B&B | As shown |
Note: all disturbed grass area should be re-seeded. | ||||||
(D) Plant lists, details, specifications, and tree preservation measures.
(1) Landscape standards and specifications. Plants shall be nursery grown in accordance with good horticultural practices, and grown under climatic conditions similar to those in Southwest Central Ohio for a minimum of two years. Trees 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. Park grade or environmental grade trees are not considered sufficient. All planting areas shall be irrigated. Intent to provide a sprinkler system should be shown on the landscape plan. A mixture of plant materials is to be used; however the use of native plant materials is encouraged. Two inches of processed, shredded mulch shall be applied to the soil around the tree to help conserve moisture. Mulching is not considered as a replacement for landscaping. Depth shall be a minimum of four inches for all trees and shrubs and a maximum of two inch depth for groundcovers, perennials, and bulbs. Mulch shall be placed at least three inches from the trunks of trees and shrubs.
(2) Landscape specifications shall be as outlined as shown in Figure 10. Any item or procedure not described in Figure 10 shall be as specified in the Landscape Contractors Association (latest edition).
(a) Plant materials. The landscape contractor shall furnish and install and/or dig, ball, burlap and transplant all of the plant materials called for on the drawings and/or listed in the plant schedule. Plant names used in the plant schedule shall be identified by scientific name and common name. All plant materials shall be equal to or better than the requirements of the American Standard for Nursery Stock, American Association of Nurserymen (hereafter referred to as AAN Standards). All plants shall be typical of their species and variety, shall have a normal habit of growth, and shall be first quality, sound, vigorous, well-branched and with healthy, well-furnished root systems. They shall be free of disease, insect pests and mechanical injuries. Caliper measurements shall be taken 12 inches above grade. Minimum branching height for all shade trees shall be six feet, and the minimum sizes for plant material at time of planting shall be as shown in Figure 10.
Minimum Sizes for Plant Material at Time of Planting Figure 10 | |
Type
|
Minimum Size
|
Minimum Sizes for Plant Material at Time of Planting Figure 10 | |
Type
|
Minimum Size
|
Shade Tree | 2½" - 3" cal. |
Ornamental Tree | 1½" - 2" cal. |
Evergreen Tree | 6' height |
Shrubs | 24" height |
Ornamental Grasses | Clump no. 2-no. 5 container |
Perennials | Clump no. 2 container |
Groundcovers | Flat (12" triangle spacing) |
(b) Planting guidelines. A professional horticulturist/nurseryman shall be consulted to determine the proper time, to move and install particular plant material in order to minimize stress to the plant. Planting of deciduous material may be continued during the winter months, provided there is no frost in the ground and frost-free topsoil planting mixtures are used. All plant material shall be dug, balled and burlap (B&B) or bare root in accordance with the AAN Standards. The landscape contractor shall excavate all plant pits, vine pits, hedge trenches and shrub beds as follows. All pits shall be circular in outline, with vertical sides. The tree pit shall be deep enough to allow one-eighth of the ball to be above the existing grade. Plants shall rest on undisturbed existing soil or well-compacted backfill. The tree pit must be a minimum of nine inches larger on every side than the ball of the tree. If areas are designated as shrub beds or hedge trenches, they shall be cultivated to at least 18 inches depth minimum. Areas designated for ground covers and vines shall be cultivated to at least 12 inches depth minimum. Each tree, shrub or vine shall be pruned in an appropriate manner to its particular requirements, in accordance with accepted standard practice. Broken or bruised branches shall be removed with clean cuts made on an angle from the bark ridge to the branch collar, no flush cuts, to minimize the area cut. All cuts shall be made with sharp tools. Trim all edges smooth. No tree wound dressings shall be applied. All trenches and shrub beds shall be edged and cultivated to the lines shown on the drawing. The areas around isolated plants shall be edged and cultivated to the full diameter of the pit. Sod that has been removed and stacked shall be used to trim the edges of all excavated areas to the neat lines of the plant pit saucers, the edges of shrub areas, hedge trenches and vine pockets. After cultivation and eventual routine maintenance, all plant materials and plant beds shall be mulched with a four-inch to three-inch layer of finely shredded, processed, dark hardwood mulch of uniform texture and size. Large shredded twigs and branches are not considered mulch. Mulch is not considered as landscaping or as a substitute for plant materials.
(3) Acceptable tree list. The acceptable tree list for the city, as highlighted in the City's Landscape Guidelines, is designed to encourage an imaginative selection of landscape trees. Careful selection will prevent an over-dependence on a few species. Alternative species may be used on the site, but list represents acceptable trees that will not be questioned. Planting and maintaining a diverse urban forest is one of the goals of the creation of this list. Deviations from the acceptable tree list are permitted with the approval of Planning and Zoning Department.
(4) Landscape Plan modification. An approved landscape plan in need of minor revisions to plant materials due to seasonal planting problems or lack of plant availability may be revised so long as there is no reduction in the quantity of plant materials, no significant change in size or location of plant materials, new plant materials fall within the same general functional category of plants (shade trees, ornamental trees, evergreens, etc.). The proposed new plant materials must be considered appropriate with respect to elements necessary for good survival and continued growth.
(a) A letter shall be submitted to the Planning Director or his or her designee requesting a minor revision for plant substitution. The letter shall include a list of the quantities, types and sizes of the original plants and the proposed substitutions, locations of the substitute plants on the plan, reference to the approved permit number, and the name and telephone number of a contact individual, and any other information deemed necessary by the Planning Director or his or her designee. The Planning Director or his or her designee will notify the applicant in a timely manner whether or not the proposed plant materials meet the criteria listed above. If the substitutions are approved, the applicant will be informed of any additional actions or information required to finalize and document the plant substitutions. If the plant substitutions requested are not approved, the Planning Director or his or her designee will supply the applicant with specific recommendations for changes that will make the plant substitutions approvable. If the requested revisions to the landscape plan do not fulfill the four criteria listed above, they may not be approved in accordance with the plant substitution process. In this case the Planning Director or his or her designee will inform the applicant of procedures necessary for a formal revision to the plan.
(5) Planting methods and details. Planting methods shall be as highlighted as follows:
(6) Tree preservation measures. Orange fencing shall be placed around preserved trees on site prior to any grading or earthworks. See Figure 13. The Planning and Zoning Department shall be notified to inspect fencing around trees to be saved prior to grading or excavation.
(7) Maintenance. Regular maintenance is necessary of all required landscape areas. Plant materials shall be kept in a vigorous and healthy condition, free from diseases, pests, weeds, and litter. This maintenance shall include weeding, watering, fertilization, pruning, mowing, edging, mulching or other needed maintenance, in accordance with generally accepted horticultural practice. Repair or replacement of required landscape structures (walls, fences, and the same) to a structurally sound and aesthetic condition, the regular maintenance, repair, or replacement, where necessary, of any screening or buffering required by the zoning code is also required. Failure to regularly maintain plant materials shall constitute a violation and shall be enforced by up to and including the calling the bond or letter of credit. Owner will be notified by the Planning and Zoning Department in order to inform him or her of the nature of the maintenance problems. Owner will be given a maximum of six months from the time of notification, or until ten days prior to bond or letter of credit expiring, whichever comes first, to bring landscaping to a satisfactory condition as by this section. All plants to be replaced must be done accordingly in the same amount of time. Required plant materials or preserved existing trees that are dead, diseased or severely damaged, shall be removed by the owner as soon as possible, but no later than 60 days after notification. Replacement plants must be the same size and species as shown on the approved landscape plan or must be equivalent in terms of quality and size to any existing trees on site of the same species at time of planting. Such replacement will not be considered an amendment to the approved plan. Dead trees may be required to be removed by the owner. The Planning Director or his or her agent may require owner to hire a certified arborist to examine the condition of a tree that may cause hazardous safety conditions. The Planning Director or his or her designee must authorize the removal of any existing preserved tree.
(E) Screening and Buffering. No buildings or structures shall be erected, altered or enlarged nor shall land be used for any nonresidential use, excluding agricultural uses (see § 158.030 Agricultural Districts) on a lot that adjoins or faces any residential district until a plan for screening has been submitted and approved by the Planning and Zoning Department and/or the Planning Commission and/or City Council. For purposes of this section, a residentially zoned property shall mean property zoned R-1AA, R-1A, R-1B, R-2, R-3, R-4, RO-1, R-PUD and approved residential portions of a MX-PUD.
(1) Purposes for screening. Screening shall be provided for one or more of the following purposes:
(a) A visual barrier to partially or completely obstruct the view of structures, lighting, or activities in order to minimize or prevent nuisances;
(b) As an acoustic screen to aid in absorbing or deflecting noise; and
(c) For the containment of ambient debris and litter.
(2) Types of screening permitted. Screening may be one of the following or a combination of two or more:
(a) A solid masonry wall;
(b) A solidly constructed decorative fence;
(c) A louvered fence;
(d) Dense evergreen plantings; and/or
(e) Landscaped mounding with ground cover.
(3) Side and rear yard requirements for nonresidential uses abutting residential districts or uses. Nonresidential uses shall not be located closer than 50 feet to any lot line of a residential district or use, except for buildings and uses located on property in an RO-1 district which shall meet the setback requirements as specified in § 158.035. Buildings and uses located on property in an A-1 district shall meet the setback requirements as specified in § 158.030. Greater setbacks may be required for specific uses elsewhere in this Zoning Code. Screening shall be required along such mutual boundaries. Such screening shall have a minimum height of five feet, six inches and be of sufficient density or opaqueness to accomplish the above stated purposes.
(4) Front yard screening requirements for parking lots across the street from residential districts or uses. All parking lots located within any required front yard across the street from any residential district shall be separated from the street right-of-way according to the requirements of § 158.135(C)(2). Screening three feet in height shall be provided along all sides of parking areas facing residential districts or uses, except where the Planning and Zoning Department determines that a sight distance hazard would be created.
(5) Mounding specifications. Mounding provided in lieu of or in combination with walls, fences, and/or evergreen plantings shall consist of a strip of land as wide as necessary to obtain a maximum slope of 3 to 1 (angle or repose) for the required height. Mounding shall be planted with a ground cover suitable to prevent erosion.
(6) Required depth for noise screening. Screening for the purpose of absorbing or deflecting noise shall have a depth of at least 15 feet of mounding with plantings or ground cover or be a solid masonry wall in combination with decorative plantings.
(7) Protection and maintenance of screening. Whenever required screening is adjacent to parking areas or driveways such screening shall be protected by bumper blocks, posts or curbing to avoid damage by vehicles. All screening shall be trimmed and maintained in good condition and remain free of all advertising or other signs.
(8) Required buffers between zoning districts. All development within the city shall provide and maintain the required buffers between zoning districts as shown in the Schedule of Required Buffers Between Non-PUD Zoning Districts.
SCHEDULE OF REQUIRED BUFFERS BETWEEN NON-PUD ZONING DISTRICTS Table should be read left to right, not top to bottom | ||||||||||||||||||
Zoning District adjacent to the proposed development or new structure/use | ||||||||||||||||||
Zoning of proposed development or new structure/use | R-1AA | R-1A | R-1B | R-2 | R-3 | R-4 | R-5 | RO-1 | B-1 | B-2 | B-3 | B-4 | O-1 | ORP-1 | RP-1 | I-1 | I-2 | |
R-1AA | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | |
R-1A | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | |
R-1B | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | |
R-2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | |
R-3 | 3 | 3 | 3 | 3 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | |
R-4 | 3 | 3 | 3 | 3 | 3 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | |
R-5 | 3 | 3 | 3 | 3 | 3 | 3 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | |
RO-1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | |
B-1 | 3 | 3 | 3 | 3 | 3 | 3 | 3 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | |
B-2 | 3 | 3 | 3 | 3 | 3 | 3 | 3 | 3 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | |
B-3 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 2 | 2 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | |
B-4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 2 | 2 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | |
O-1 | 3 | 3 | 3 | 3 | 3 | 3 | 3 | 2 | 2 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | |
ORP-1 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 2 | 2 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | |
RP-1 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 2 | 2 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | |
I-1 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 2 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | |
I-2 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 2 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | 1 | |
(1) None required. Yard requirements of the individual district shall apply. | ||||||||||||||||||
(2) None required. Yard requirements of the individual district shall apply. Conditional uses require a building setback of three feet for each foot of building height. | ||||||||||||||||||
(3) Buildings or uses shall be set back a minimum of 50 feet from all residential and/or residential-office district lot lines and screening in accordance with this section shall be provided along such mutual property lines. Conditional uses require an additional building setback of three feet for each foot of building height. | ||||||||||||||||||
(4) Buildings or uses shall be set back a minimum of 100 feet from all residential and/or residential-office district lot lines and screening in accordance with this section shall be provided along such mutual property lines. Conditional uses require an additional building setback of three feet for each foot of building height. | ||||||||||||||||||
(Am. Ord. 10-12, passed 9-13-10; Am. Ord. 23-19 , passed 9-11-23)
(A) Intent. This section intends to regulate outdoor lighting, in non-single family residential neighborhoods, in order to establish appropriate minimum levels of illumination, prevent unnecessary glare, and reduce both spill-over onto adjacent properties and unnecessary transmission of light into the night sky, sometimes referred to as "light pollution". It is not intended to eliminate the need for an applicant to seek professional assistance to determine appropriate lighting for the use and design proposed.
(B) Approved lighting plan. Whenever the installation or modification of outdoor lighting is proposed or, for a commercial, industrial, multi-family or conditional use of a site plan approval, the Planning and Zoning Department shall review and approve all proposed lighting as part of the approval process. These standards shall also apply to modifications to existing lighting fixtures, whether or not site plan approval is required.
(1) A lighting plan submitted for review shall contain the following:
(a) A site plan showing the location of all existing and proposed buildings, landscaping, streets, drives, parking areas and exterior lighting fixtures;
(b) Specifications for all proposed and existing lighting fixtures. These include: photometric data, fixture height, mounting and design, glare control devices, type and color rendition of lamps, and hours of operation. A photometric plan illustrating the levels of illumination at ground level shall account for all light sources that impact the subject site, including spill-over illumination from neighboring properties; and
(c) Relevant building elevation drawings showing all fixtures, the portions of the walls to be illuminated, illuminance levels of walls and the aiming of points of any remote fixtures.
(2) A proposed lighting plan shall be reviewed based upon the following considerations:
(a) Whether the lighting is designed to minimize glare;
(b) Whether light will be directed beyond the boundaries of the area to be illuminated or onto adjacent properties or streets;
(c) Whether the lighting will cause negative impacts on residential districts and uses;
(d) Whether the plan will achieve appropriate levels of illumination for the use proposed;
(e) Whether the lighting is in harmony with the character of the surrounding area and the illumination levels of neighboring properties; and
(f) Whether the lighting is in keeping with the city's goal of prohibiting unnecessary illumination of the night sky.
(C) Required conditions. When site plan or zoning permit approval is required for the installation or modification of exterior lighting, the following conditions shall apply:
(1) Light fixtures shall not be mounted in excess of the maximum height limitation of the district in which they are located. For lighting in residential districts and for uses adjacent to residential districts or uses, light fixtures located on private property shall not be mounted in excess of 16 feet above grade. Fixture height shall be measured from the grade of the illuminated surface to the bottom of the fixture.
(2) Electrical service to light fixtures shall be placed underground.
(3) No flashing lights shall be permitted.
(4) Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall landscaping, fencing and similar screening methods be considered acceptable means for reducing glare.
(5) Outdoor lighting shall be designed to achieve uniform illumination levels. The ratio of the average light level of the surface being lit to the lowest light level of the surface being lit, measured in foot-candles, shall not exceed 4:1. One foot-candle is equal to the amount of light generated by one candle shining on a square foot surface one foot away. The average illumination is determined by: adding the foot-candle value of all the points in the photometric grid, and dividing the sum by the total number of points.
(6) The use of true color rendering lamps, such as metal halide, is preferred over high and low pressure sodium lamps.
(7) Only necessary lighting for security purposes and limited operations shall be permitted after a site's hours of operation.
(8) Lighting for security purposes shall be directed only onto the area to be secured.
(a) All fixtures shall be located, shielded and aimed so that light is not cast toward adjacent properties or streets or unnecessarily transmitted into the night sky.
(b) Fixtures mounted on the building and designed to illuminate the facade are preferred.
(9) Parking lot lighting shall be designed to provide the minimum illumination necessary to ensure adequate vision and comfort in parking areas. Full cut-off fixtures shall be used to prevent glare and direct illumination away from adjacent properties and streets. Designs that result in even levels of illumination across a parking area are preferred.
(10) The illumination of gasoline service stations and convenience stores shall be the minimum level necessary to facilitate such uses. Excessive lighting for the purposes of attraction and advertising shall not be permitted.
(a) Areas away from gasoline pump islands that are used for parking and vehicle storage shall be illuminated in accordance with the parking area requirements of division (C)(9) above.
(b) Light fixtures mounted on canopies shall be recessed or flush with the bottom of the canopy. Where a drop-down fixture is used, the lens shall be flush with (i.e., no more than one inch beyond) the casing so that light is directed down and not sideways. All canopy lighting shall be shielded to provide a cut-off angle of 85 degrees. Fixtures shall not be mounted on the top or sides of canopies.
(c) The illumination of canopy sides is prohibited.
(11) The following illumination levels shall act as minimum standards for all exterior lighting. Maximum lighting will be governed by the 4:1 ratio of average to minimum illumination of the surface being lit. Where a site abuts a nonresidential district, maximum illumination at the property line shall not exceed one (1) foot-candle. The city may modify these levels if such modifications are deemed necessary and appropriate for the use and surrounding area.
Minimum Standards for all Exterior Lighting
| |
Use | Minimum Illumination (footcandles)* |
Minimum Standards for all Exterior Lighting
| |
Use | Minimum Illumination (footcandles)* |
Parking Areas | 0.2 |
Loading and Unloading Areas | 0.4 |
Walkways | 0.2 |
Building Entrances - Frequent Use | 1.0 |
Building Entrances - Infrequent Use | 0.2 |
*The minimum light measured in foot-candles at the point of least illumination when measured at ground level. | |
(12) Where a site abuts a residential district or use, the following special conditions shall apply:
(a) The height of light fixtures shall not exceed 16 feet;
(b) All fixtures shall have a cut-off angle of 90 degrees or less;
(c) No direct light source shall be visible at the property line (adjacent to residential) at ground level; and
(d) Maximum illumination at the property line shall not exceed one half foot-candle.
(13) The city may choose to waive or alter cut-off requirements of this section when appropriate historic or decorative fixtures are proposed (e.g., use of decorative up-lighting to illuminate the underside of a canopy or columns on a facade, where a canopy or roof projection restricts the projection of the light into the night sky).
(D) Maintenance. All installed and approved light fixtures shall be kept in good repair. This includes, but is not limited to, replacing non-working bulbs, repairing broken or malfunctioning fixtures and similar activities. Failure to maintain fixtures shall be deemed a violation of this chapter and violators shall be subject to the penalty provisions contained in § 158.999 of the Zoning Code.
(E) Exemptions. The following uses shall be exempt from the provisions of this chapter:
(1) Roadway lighting required by the appropriate public agency for health, safety and welfare purposes;
(2) Lighting approved by the city as part of construction;
(3) Flag lighting, provided that the illumination is the lowest possible level necessary, and that the light source is aimed and shielded to direct light only onto the intended target, so as to prevent glare for motorists and pedestrians;
(4) Emergency lighting approved by the city, provided the lighting is discontinued upon the abatement of the emergency necessitating said lighting; and
(5) Other temporary lighting determined to be reasonable and appropriate by the city.
(Ord. 09- 21, passed 7-27-09; Am. Ord. 18-25, passed 11-26-18)
SIGNS
(A) Exempt signs. The following signs are exempt from this code and shall not require permits:
(1) Temporary or permanent signs erected and maintained by the city, County, State or Federal government for traffic direction or for direction to or identification of a governmental facility or community event as declared by the City Manager.
(2) Temporary and yard signs, as defined in § 158.03.
(3) Identification signs mounted to the front wall of a building or to a lamp post in the front yard not to exceed two square feet in sign area.
(4) Single faced signs, located within the confines of a parking space not to exceed four square feet.
(5) Barber poles, not larger than six inches in diameter, and three feet in height.
(6) Unshielded luminous tube (neon and/or LED) lighting, of small diameter (½ inch) which acts as an architectural detail on the exterior of any commercial structure; limited to rooflines, and cannot be located on the side of the building facing any residential structure or district.
(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 24-3, passed 2-12-24)
(A) All signs not expressly permitted under this section or exempt from regulation under the previous section are prohibited in the city.
(B) Such signs include but are not limited to:
(1) Abandoned signs.
(2) Beacons and searchlights except for emergency, health or safety purposes.
(3) Blinking, flashing or intermittent lighting, except those permitted under electronic copy signs in "B" districts.
(4) Moving, animated or rotating signs.
(5) Pennants, streamers, banners, windfeathers, flags not exempt under § 158.146, and similar devices.
(6) All helium, gas and air balloons located on or anchored to structures, vehicles, the ground, or to anything connected to or on the ground, including skytubes, skydancers, and similar devices.
(7) Portable signs except as authorized under temporary signs.
(8) Projecting roof signs.
(9) Signs attached to any tree, utility pole, bench, trash receptacle and/or enclosure on public property, city property, and /or in a utility easement.
(10) Signs for which a permit is required and has not been issued by the city or which are not exempt under § 158.146.
(11) Commercial signs attached to or painted on the face of accessory buildings except those attached to automatic teller machines or similar structures.
(12) Any sign which, by reason of its size, shape, location, content, coloring or manner of illumination:
(a) Constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers or by obstructing or detracting from the visibility of any traffic sign or control device on public streets and roads.
(b) May be confused with a traffic-control sign, signal or device or the light of an emergency or road equipment vehicle.
(13) Signs which obstruct free ingress and egress from a required door, window, fire escape, or other required exit way.
(14) Signs or parts thereof which are erected within or above a public right-of-way or on public property.
(15) Obscene signs.
(16) Spinning devices or strings of spinning devices.
(17) Window signs in any district which covers more than 50% of total window area.
(18) Any sign that is attached, painted or placed onto or inside a parked vehicle which is used primarily for commercial advertising is prohibited unless such advertising pertains to the business for which the vehicle is actively and normally used (e.g. delivery or service van/truck) or for the sale or rental of the vehicle itself.
(19) Billboards and electronic variable message signs or digital billboards.
(20) Off-premise signs.
(21) Dangerous and/or defective signs.
(Ord. 09-21, passed 7-27-09; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 23-10, passed 5-22-23; Am. Ord. 24-3, passed 2-12-24)
Every sign shall be designed, erected, adequately anchored, altered, reconstructed, moved and maintained in accordance with the provisions of this section unless specifically modified by another section of this chapter.
(A) Automatic teller machine signs - (ATMs). Automatic teller machines or similar devices either attached to a principal structure or enclosed within an independent free standing structure shall be permitted two square feet of sign area for every one foot width of the ATM structure not to exceed 20 square feet of total sign area.
(B) Awning signs.
(1) Awning signs may be displayed in lieu of but not in addition to a wall sign for an individual establishment.
(2) If illuminated, such awning shall have lighting concealed from view.
(3) An awning sign shall not project higher than the top of the awning to which sign text is affixed.
(C) Changeable copy area.
(1) Permanent ground signs located in "B" Districts as well as permitted conditional uses in agricultural and residential districts may incorporate up to 50% per side of total sign area for changeable copy, with a maximum 24 inches in height of changeable copy area.
(2) Changeable copy may be used in lieu of but not in addition to electronic copy.
(3) All permanent changeable copy signs must be enclosed and locked securely in a clear glass or plastic casing.
(4) No property that utilizes a changeable copy sign shall be permitted to have any temporary commercial signage.
(D) Dangerous or defective signs not permitted. A sign in dangerous or defective condition shall not be permitted on any premises. Any such sign constitutes a nuisance and shall be removed or repaired as required under § 158.156.
(E) Electronic copy signs.
(1) Permanent ground signs located in "B" Districts as well as permitted conditional uses in agricultural and residential districts may incorporate up to 50% per side of total sign area for electronic copy with a maximum 24 inches in height of electronic copy. The measurement for an electronic copy sign includes the entire area of the electronic copy structure, not the letter area.
(2) Electronic copy may be used in lieu of but not in addition to changeable copy.
(3) Electronic display shall remain constant for a period not less than two seconds per message.
(4) No property that utilizes an electronic copy sign shall be permitted to have any temporary commercial signage.
(5) Electronic copy signs shall be permitted as ground signs only. No wall sign shall be permitted to have electronic copy sign area.
(F) Ground signs.
(1) General.
(a) Any temporary ground sign or any part thereof shall be set back a minimum distance of 15 feet from the edge of an adjacent roadway pavement. Additional setback may be required to avoid placement within the public right-of-way.
(b) A permanent ground sign or any part thereof shall be set back a minimum distance of five feet from any right-of-way or from any proposed right-of-way or any property line or as otherwise required in this section. Greater setbacks for permanent signs may be required to improve sight distances at intersections. All ground signs must be located only in the front yard unless otherwise expressly permitted by this section. In no instance may a ground sign be located closer than 15 feet from the edge of roadway pavement.
(c) The Planning and Zoning Department may permit a slight variation from the minimum street frontage spacing requirements for ground signs applicable in individual zoning districts if conflict with driveways, natural barriers, trees, and utility equipment is unavoidable.
(d) If a ground sign is pole-mounted, skirting shall be installed between the bottom of the sign and the ground to visually convey the impression of a monument-type sign.
(2) Minimum street frontage. Permanent ground signs shall be prohibited on parcels with street frontage less than 50 feet in width at the right-of-way line unless otherwise expressly permitted in this sign code.
(3) Landscaping requirements. A permanent ground sign shall require a single continuous landscaped area to be maintained around the base of the sign in accordance with the following standards:
(a) The minimum landscaped area shall be equal to or greater than the total sign area of the sign.
(b) The landscaped area shall include all points where sign structural supports attach to the ground and are visible.
(c) Where the required landscaped area is adjacent to a paved surface accessible to vehicular traffic, a raised non-mountable curb suitable to prevent the encroachment of vehicles into the landscaped area shall be required. The minimum distance between the face of any such required curb and any part of the sign shall be 30 inches.
(d) The landscaped area shall include one or more of the following plant materials: shrubs, trees, grass and/or seasonal varieties permanently located and properly maintained with dead vegetation replaced as soon as weather permits. The use of exposed concrete, asphalt, or any other paved surface inside the required landscaped area beneath the sign is prohibited.
(4) Construction sites. During construction of a commercial or residential development, one free-standing temporary ground-mounted sign shall be permitted to be installed on the site of the commercial or residential development. The sign shall be single-faced, have a maximum height of eight feet and not exceed 32 square feet in sign area. Minimum setback for the sign shall be 15 feet from the public right-of-way. The sign shall be removed within two years after the date on the sign permit, or a new permit shall be needed.
(a) To ensure removal, the applicant shall be required to place a cash bond with the city at the time of the permit issuance for the removal of the sign. Said bond shall be in the amount as stated in the approved fee schedule of the city and shall be refunded in full to the applicant if the permitted sign is removed within the required timeframe.
(b) In the event a permitted construction sign is not removed at the required time, said sign shall be deemed an illegal sign and the bond shall be forfeited to the city to cover removal costs.
(G) Marquee signs.
(1) Marquee signs may be displayed in lieu of but not in addition to any other form of permanent sign identification with the exception of under marquee signs for an individual business establishment.
(2) If illuminated, such marquee signs shall have lighting concealed from view.
(H) Neon signs and neon or LED banding.
(1) Neon signs shall be permitted in business districts only, unless otherwise approved in a PUD district and cannot be located on the side of the building facing any residential structure or district.
(2) Neon signs may be displayed in lieu of, but not in addition to, a wall sign for an individual establishment.
(3) Neon or LED banding shall be allowed provided the banding follows the roofline, and the tubes are no larger than one-half inch in diameter.
(I) Number of signs permitted. An individual establishment shall be permitted a maximum of two types of permanent sign identification unless otherwise permitted or prohibited in this section.
(J) Planned Unit Development sign programs. Signs which have been approved as part of a Planned Unit Development sign program may vary from the requirements stated within this section. Variations permitted through a PUD sign program may include but are not limited to the following: total number of signs permitted, sign size, sign setback, sign height, material composition of sign and percentage of sign area devoted to changeable copy or electronic copy. Such deviations are recognized to be primarily for safety or unique parcel configuration circumstances and are not intended to circumvent the intent of the sign code.
(K) Sign location with respect to street and building frontages.
(1) All signs permitted by virtue of a premises having street frontage or building frontage shall be located only along the front of the structure or property visible from the fronting roadway or from the adjacent parking lot.
(2) In the case where an individual occupant would have no building frontage, the maximum horizontal width of the portion of the building where that occupant's main entrance is located shall be considered that occupant's separate and distinct building frontage. In the case where the ground floor of a building is occupied by two or more different tenants, the portion of the building frontage occupied by each tenant shall be considered a separate and distinct building frontage.
(L) Temporary sign illumination. Illumination of a temporary sign shall be prohibited.
(M) Temporary signs (additional permitted). In addition to temporary signs permitted in the specific district requirements of this section, temporary signs shall also be permitted which comply with the following requirements:
(1) Temporary signs on properties for sale, rent, or lease:
(a) Location. One ground or window sign per street frontage shall be permitted. Any ground sign or part thereof shall be set back a minimum of 15 feet from the edge of any adjacent roadway pavement. Additional setback may be required to avoid placement within the public right-of-way and/or to prevent a line-of-sight obstruction. No sign may be located within the median or any other part of a public right-of-way and shall not block visibility or create an obstacle for motorists, bicyclist, or pedestrians.
(b) Area. In residential districts, the total sign area shall not exceed six square feet per sign face or 12 square feet in total sign area if two sided. In nonresidential districts, total sign area shall not exceed 16 square feet per sign face, or 32 square feet in total sign area if two sided.
(c) Height. In residential districts, the sign height shall not exceed four feet. In nonresidential districts, sign heights shall not exceed five feet.
(2) Temporary non-commercial signs in residential districts.
(a) Signs shall not be illuminated.
(b) Signs shall not be displayed in the right-of-way, cannot create a line-of-sight hazard, and cannot block traffic or pedestrians.
(3) Temporary commercial signs in residential districts.
(a) Signs shall not be illuminated.
(b) Signs shall not be larger than six square feet per sign face or 12 square feet in sign area if two sided.
(c) Signs shall not be mounted to any tree, utility pole or building.
(d) Signs shall not be displayed in the right-of-way, cannot create a line of sight hazard, and cannot block traffic or pedestrians.
(4) Temporary non-commercial signs in commercial districts.
(a) Signs shall not be illuminated.
(b) Signs shall, not be displayed in the right-of-way, cannot create a line of sight hazard, and cannot block traffic or pedestrians.
(c) Signs shall not be mounted to any tree, utility pole or building.
(5) Commercial districts.
(a) Signs shall not be illuminated.
(b) Each commercial parcel shall be allowed one large sign, up to 16 square feet per sign face, or 32 square feet if two-sided.
(c) In addition to the large sign, each commercial parcel shall be allowed an additional 36 square feet within smaller signs, each of which shall be no larger than six square feet per sign face, or 12 square feet if two-sided.
(d) Signs shall not be mounted to any tree, utility pole or building.
(e) Signs shall not be displayed in the right-of-way, cannot create a line-of-sight hazard, and cannot block traffic or pedestrians.
(f) The city may cause the removal of any deteriorated sign and charge the expenses for the removal to the owner of the property on which the sign is displayed. If posts are used to display larger signs, said posts shall also be removed within 60 days from the date the sign is posted.
(g) Prior to the placement of a sign on a commercial property, the owner of the sign shall submit and receive approval by the Planning Department for a Temporary Sign Permit.
(h) Prior to the placement of the sign on a commercial property, the owner of the sign shall submit and receive approval by the Ohio Utility Protection Services before driving posts for large signs.
(N) Under marquee signs. Under marquee signs shall be mounted as nearly as possible to right angles of the building face.
(O) Wall signs bearing a commercial message.
(1) A wall sign may be displayed in lieu of, but not in addition to, an awning sign or neon sign for an individual establishment.
(2) A wall sign shall not project more than 18 inches from the wall of the building upon which it is mounted.
(3) A wall sign shall be inclined from the vertical only to the extent necessary for conformity to the general contour of the wall to which the sign is mounted.
(4) A wall sign shall not extend above the top of the wall and shall not extend beyond the limits of any wall to which it is attached.
(5) A wall sign shall not mask or interrupt a major architectural feature (such as, but not limited to, doors, windows, or trim).
(6) A wall sign shall have hidden structural supports and shall be mounted in such a way as to not allow movement by normal atmospheric conditions.
(7) If illuminated, such lighting shall not produce glare and all lighting elements, including wiring, shall be concealed from view.
(8) The removal or alteration of any wall sign shall result in the underlying façade being returned to its original construction condition, so as to leave no evidence of a former sign.
(Q) All signs using illumination, whether internal or external, shall be maintained in good working order. Any inoperable light source, which gives the sign an incomplete appearance, shall be replaced by the owner of the sign as soon as practical.
(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 14-17, passed 8-25-14; Am. Ord. 15-23, passed 8-24-15; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 24-3, passed 2-12-24)
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