§ 154.21 S-U - SPECIAL USE.

   (A)   Intent. This zone permits only those uses which require special consideration because of their unusual nature, dimensions, frequency of occurrence, effect on surrounding property, or other similar reason. The boundaries of this zone district shall be determined only on a case-by-case basis following the procedures for a zone change as provided in this chapter. Any accessory uses shall be expressly approved by the governing body. Supplementary regulations and special conditions may be imposed by the governing body upon recommendation by the Planning and Zoning Commission or by the governing body on its own motion. The governing body may not grant a zone change for Special Use unless satisfactory provisions have been made:

      (1)   To assure that a satisfactory degree of compatibility of property uses shall be maintained with respect to the Special Use and the surrounding uses of property in the general area;

      (2)   To preserve the integrity and character of the zone in which the use will be located, and utility and value of property in the Special Zone and in adjacent zones; and

      (3)   To assure that the use will not be or become detrimental to the public interest, health, safety, convenience, or the general welfare.

   (B)   A Special Use Zone may be authorized and established for the following uses:

      (1)   Airports, aircrafts sales and service;

      (2)   Armories;

      (3)   Automobile wrecking, dismantling, and salvage provided that:

         (a)   All activities are conducted within a completely enclosed building or within an area enclosed on all sides by a solid wall or fence at least 8 feet in height, and the principal building is not within 200 feet of a lot in residential use or zoned primarily for residential use.

         (b)   Inoperative automobile bodies may not be stacked above the plane established by the top of the required surrounding wall.

      (4)   Cannabis cultivation, provided the following criteria are met:

         (a)   Cannabis cultivation shall only be authorized within the Clayton Business Park, located north of US Highway 87 along Dr. Michael Jenkins Road.

         (b)   All buildings containing a cannabis cultivation use shall not be located within 300 feet of any properly zoned and permitted church or place of worship; elementary or secondary school; or day care facility unless a conditional use permit is issued by the Clayton Board of Trustees under the provisions of this chapter.

         (c)   There shall be no outdoor cultivation, processing, curing, drying, selling; storage, or other, display of cannabis or cannabis products except as specifically authorized by the Board of Trustees.

         (d)   The applicant must show that the applicant owns, or has under lease, water rights' sufficient for applicant's proposed use, provided however, any cannabis cultivation use of municipal water which detrimentally affects the domestic, commercial, fire protection or other previously established uses of water in the Town of Clayton shall not be approved and, further provided, in times of shortage cannabis cultivation use of municipal water shall be subordinate and inferior to all other uses.

      (5)   Cannabis product manufacturing:

         (a)   Cannabis product manufacturing shall only be authorized within the Clayton Business Park, located north of US Highway 87 along Dr. Michael Jenkins Road.

         (b)   All buildings containing a cannabis product manufacturing use shall not be located within 300 feet of any properly zoned and permitted church or place of worship; kindergarten, elementary, or secondary school; or day care facility, unless a conditional use permit is issued by the Clayton Board of Trustees under the provisions of this chapter.

         (c)   There shall be no outdoor cultivation, processing, curing, drying, selling, storage, or other display of cannabis or cannabis products except as specifically authorized by the Board of Trustees.

       (6)   Cemetery, mausoleum, crematory, provided that a cemetery be located on not less than 5 acres;

      (7)   Chemical manufacturing or processing provided that all buildings shall not be within 500 feet of any lot in residential use unless sufficient blast, explosion, or fire confinement structures are installed;

      (8)   Detention institutions;

      (9)   Fairgrounds, athletic park complex, stadium;

      (10)   Feed lot operation, livestock auction, provided that a feed lot be located on not less than 10 acres;

      (11)   Fuel wholesalers and storage (gasoline, liquefied petroleum) provided that all buildings shall not be within 500 feet of any lot in residential use unless sufficient blast, explosion, or fire confinement structures are installed;

      (12)   Funeral home, mortuary;

      (13)   Hospital, sanatorium, private nursing home;

      (14)   Junk yard or salvage operation provided that all activities are conducted within a completely enclosed building or within an area enclosed on all sides by a solid wall or fence at least 8 feet in height and so long as no junk or salvage is stacked above the plane of the required wall or fence;

      (15)   Marijuana testing facility:

         (a)   Marijuana testing facilities shall only be authorized within the Clayton Business Park, located north of US Highway 87 along Dr. Michael Jenkins Road.

         (b)   All buildings containing a marijuana testing facility use shall not be located within 300 feet of any properly zoned and permitted church or place of worship; elementary or secondary school; or day care facility unless a conditional use permit is issued by the Clayton Board of Trustees under the provisions of this chapter.

      (16)   Mobile home parks, subject to the following regulations:

         (a)   The minimum park size shall be 3 acres.

         (b)   Maximum density shall be 6 mobile homes per acre, exclusive of public right-of-way.

         (c)   Each mobile home shall be located on a land space not less than 1/6 of 1 acre with a minimum width of 40 feet.

         (d)   No mobile home shall be located within 20 feet of any other. Any mobile home shall be at least 30 feet from the right-of-way line of any street and at least 10 feet from any property line of the mobile home park.

         (e)   All driveways shall be at least 30 feet wide and shall be either paved or graveled.

         (f)   The site shall be graded, drained, and free of rubbish.

         (g)   No mobile home shall be occupied unless it is connected to adequate utilities, provided with skirting of a durable material, and stabilized and anchored in accordance with regulations promulgated by the State Mobile Housing Commission.

         (h)   So far as the regulations regarding mobile homes and mobile home parks in this part conflict with Ordinance Numbers 525 and 526 said ordinance are repealed. Any parts of Ordinance Numbers 525 and 526 not contrary or incompatible with this part shall remain in full force and effect.

      (17)   Radio or television station (with transmitter tower);

      (18)   Schools: university or college; business, technical, or trade; elementary or secondary;

      (19)   Theater (drive-in) subject to the following regulations:

         (a)   ingress and egress for any site abutting a state highway shall be approved in writing by the State Highway Department.

         (b)   Reserve off-street standing space or side service road space shall be provided at any entrance sufficient to accommodate vehicles in an amount equal to at least 20% of the vehicular capacity of the theater.

         (c)   Any screen less than 500 feet from a county arterial of state highway shall be so located or shielded that the picture surface cannot be seen from such highway.

   (C)   Each application for Special Use Zone shall be accompanied by development plans which shall:

      (1)   Be drawn to a minimum scale of 1" = 100'.

      (2)   Show boundaries of the property to be developed.

      (3)   Show the proposed size, location, use and arrangement of all structures parking and loading areas, drainage facilities, and traffic circulation routes.

      (4)   Indicate the location, type, use and size of structures on adjacent properties within 200 feet of the proposed development.

   (D)   In the event that a use authorized as a Special Use Zone is permanently discontinued by the owner, the Special Use Zone may be cancelled and removed from the zone map under the provisions for a zone change in this chapter. Upon proper application, that area delineated by such discontinued Special Use Zone shall be re-zoned to the appropriate zone district as determined by the governing body.

(Ord. 558, passed 12-8-1986; Am. Ord. 715, passed 10-13-2021) Penalty, see § 154.99

§ 154.22 TABLE OF ALLOWABLE LAND USES.

   (A)   A person seeking to use land or conduct business in a manner not mentioned by the Table of Allowable Land Uses shall file with the Zoning Administrator a written request for such land use or business activity to be included in the table. This request will be handled as in a “zone-text amendment” according to procedures outlined in § 154.62, except that:

      (1)   No proposed land use or business activity may be excluded totally from the table unless it is determined by the Planning and Zoning Commission and/or the Governing Board to constitute a public nuisance or violate state statutes or town ordinances.

      (2)   The Planning and Zoning Commission shall issue a recommendation for a proposed designation for such land use or business activity on the table, either as “C”, “L”, or “X”, or any combination of the above, for any or all zones. At least one zone must be labeled “C”, “L”, or “X”, unless the use proposed falls within subsection (1).

   (B)   The following abbreviations shall be given the following definitions when used in the Table of Allowable Land Uses:

      (1)   X = Permissive Use

      (2)   C = Conditional Use (Requiring Permit)

      (3)   L = Conditional Use Limited for Term of Permit

   (C)   Table of Allowable Land Uses.

Allowable Land Uses
X=Permitted Use C=Conditional Use (Requiring Permit) L=Conditional Use Limited for Term of Permit	R	C-B C-R	I	SU
Airports; aircraft sales and service				X
Amusement parks; carnival; circus				L
Animal shelter; kennel				X
Antique dealer		X
Appliance store; repairs		X
Armory				X
Art gallery		X
Auction houses (excluding livestock)		X	X
Automobile sales; service; repair		X
Automobile rental		X
Automobile wrecking; dismantling; salvage				X
Bakery, candy and confectionery manufacture (wholesale)		C	X
Bakery; confectionery store (retail)		X
Bank; savings and loan; trust company		X
Bars, lounges; package liquor stores		X
Barber or beauty shop	C	X
Boat dealers; marine supplies		X
Book store		X
Bottling plant		C	X
Bowling alley		X
Brick products; manufacturing			X
Brick products; retail		X
Buildings; prefabricating assembly			X
Bus depot		X
Cabinet makers		C	X
Camper equipment; sales		X
Candle manufacturing/wholesale/retail		X
Cannabis consumption area		C
Cannabis cultivation				X
Cannabis product manufacturing				X
Cannabis retail		X
Car wash		X
Carpet and rug cleaners		X
Catering shop		X
Cemetery; mausoleum; crematory				X
Ceramics manufacturing		X	X
Chemical manufacturing and processing			X
Churches; places of worship				X
Clinics; dental or medical	C	X
Clothing and/or dry goods store; retail		X
Club or lodge; (with or without liquor license)				X
Cold storage plant		X
Concrete products manufacture; sales			X
Construction contractors; building trades (storage equipment sales and service)			X
Dance studio		X
Dairy products; processing and wholesale			X
Data processing service		X
Delicatessen		X
Delivery service (parcel and package)		X
Department or variety store		X
Detention institution				X
Drug store; pharmacy; cosmetics		X
Dwelling, single-family	X	C
Dwelling, temporary watchman or caretaker (mobile homes may be allowed)	L	L	L	L
Dwellings, multi-family	C	X
Fairgrounds, baseball park complex, stadium				X
Farm supplies, equipment sales and service		X	X
Feed manufacturing, sales; livestock (poultry)			X
Feed sales; livestock and poultry		X	X
Feed lot operation; livestock and auction				X
Fertilizers (wholesale or manufacturing			X
Fix-it shop	C	X
Floral shop; plant store		X
Food products (manufacturing and processing)			X
Food products (wholesale, storage and sales)		X	X
Food store; convenience		X
Food store; grocery market		X
Fuel wholesalers and storage gasoline, liquefied petroleum				X</C>
Funeral home; mortuary				X
Gasoline service station		X
Gift shop; crafts store; curios		X
Glass products, installation		X
Greenhouse or nursery; landscaper				X
Guns
Gunsmiths	C	X
Hardware store		X
Hospital equipment and supplies; sales and storage		X
Hospital; sanatorium; private nursing home				X
Ice cream store		X
Interior decorator	C	X
Interior decoration store		X
Janitorial service; supplies		X
Jewelry manufacture and wholesalers		X	X
Jewelry store (retail)		X
Judo, karate instruction		X
Junk yard, salvage operation				X
Laboratory (dental, medical)	C	X
Laboratory (research, testing)				X
Laundromat; dry cleaning; linen supply		X
Library				X
Liquor wholesalers		C	X
Locksmith	C	X
Lumber yard (retail and wholesale)		X	X
Machine shop; metal fabrication; products			X
Marijuana testing facility				X
Mobile home parks (rental)				X
Mobile home and trailer sales; service; repair		X
Motel; hotel		X
Motorcycle sales, service; repair		X
Moving and transfer company		C	X
Museum				X
Music store		X
Offices; professional and semi-professional	C	X
Offices; temporary (real estate sales, and the like)	L	L	L	L
Office equipment and supplies		X
Optician; optical goods	C	X
Paint store and related supplies		X
Paper supplies (wholesale)		C	X
Parking lot		X	X
Pawn shop		X
Pest control; exterminator		X
Pet shop		X
Photographic equipment and supplies		X
Photographic studio	C	X
Printing and all allied trades		X	X
Radio or television station (with transmitter tower)				X
Radio or television station (without transmitter tower)		X
Recreation facility (business enterprise)		X
Recreation facility (community, nonprofit)				X
Reducing salon; health spa		X
Rental service stores		X
Restaurant (with liquor license)		X
Restaurant, café, cafeteria (without liquor license) (no curb service)		X
Restaurant (drive in)		X
Schools; nursery day care or kindergarten	C	X
Schools; elementary and secondary				X
Schools; business, technical or trade				X
Schools; nursery day care or kindergarten	C	X
Schools; elementary and secondary				X
Schools; business, technical or trade				X
Schools; university or college				X
Shopping center complex		X
Sign shop		X
Skating rink (indoor or outdoor)		X
Specialty shop		X
Sporting goods store		X
Stone cutting and monument sales		X
Storage (commercial)		C	X
Surplus and salvage goods; second-hand store		C
Tailor shop		X
Taxidermist		X
Theater (indoor)		X
Theater (drive-in)				X
Truck terminal and maintenance		C
Utility company service center or structure				X
Veterinary hospital (small animal) (completely enclosed)		X
Veterinary hospital (large animal)				X
Watch repair	C	C
Welding shop		C	X

 

(Ord. 558, passed 12-8-1986; Am. Ord. 715, passed 10-13-2021) Penalty, see § 154.99

SIGNS AND BILLBOARDS

§ 154.35 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.

   BANNER. Any sign printed or displayed upon cloth or other flexible material, with or without frames.

   DISPLAY SURFACE AREA. The net geometric area enclosed by the display surface of the sign including the outer extremities of all letters, characters, and delineations; provided, however, display surface area shall not include the structural supports for freestanding signs; provided further, that each face of a double faced sign as defined shall be considered in determining the display surface area.

   ERECT. To build, construct, attach, hang, place, paint, suspend, or affix, a sign.

   FLASHING SIGN. An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.

   FREE-STANDING SIGN. A sign which is attached to or a part of a completely self-supporting structure including a billboard which is so constructed. The supporting structure shall be firmly in or below the ground surface and not attached to any building or any other structure whether portable or stationary.

   IDENTIFICATION AND INFORMATIONAL SIGNS. Signs of an identification or of informational nature bearing no advertising.

   JOINT IDENTIFICATION SIGN. A sign which serves as common or collective identification for a group of persons or businesses operating on the same zone lot (such as, shopping center, office complex, and the like). Such sign may name the persons, or businesses, included but carry no other advertising matter.

   NONCONFORMING SIGN. A sign existing at the effective date of the adoption of this subchapter which could not be built under the terms of this subchapter.

   OFF-SITE SIGN. A sign other than an on-site sign.

   ON-SITE SIGN. A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises.

   PORTABLE TEMPORARY ATTRACTION SIGN BOARD. A single or double surface painted or poster panel type sign or some variation thereof, which is temporary in nature, usually mounted on wheels, easily movable, not permanently attached thereto.

   REAL ESTATE SIGN. A temporary sign placed upon property for the purpose of advertising to the public the sale or lease of the property.

   ROOF SIGN. Any sign wholly erected, constructed or maintained on the roof structure or parapet wall of any building.

   SIGN. Every device, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed out of doors in view of the general public. For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship to elements, or where there is reasonable doubt as to the relationship of elements, each element shall be considered to be a single sign.

   WALL SIGN. Any sign that shall be affixed parallel to the wall or printed on the wall of any building; provided, however, the wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this subchapter, any surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the face of a building marquee, building awning, or a building canopy shall be considered a wall sign.

(Ord. 612, passed 2-9-1998)

§ 154.36 SIGN PERMITS.

   It shall be unlawful for any person to erect, repair, alter, relocate or keep within the town any sign or other advertising structure as defined in this chapter without first obtaining a sign permit from the Town Manager and paying the fee required by this section.

   (A)   Application for initial sign permit. Application for initial sign permits shall be in writing addressed to the Town Manager and shall contain or have attached thereto the following information:

      (1)   Name, address, and telephone number of the applicant.

      (2)   Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected.

      (3)   Position of the sign or other advertising structure in relation to nearby building or structures.

      (4)   Two blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground.

      (5)   Name of person, firm, corporation or association erecting structure and applicable contractor’s license numbers.

      (6)   Written consent of the owner of the building, structure or land to which or on which the structure is to be erected.

      (7)   Any permit required and issued for the sign by any other governmental agency.

   (B)   Sign permit fees. Every applicant, before being granted a permit hereunder, shall pay to the town office a permit fee of $25 plus $.50 per square foot of sign face for each sign or other advertising structure regulated by this subchapter.

   (C)   Issuance of sign permit. It shall be the duty of the Town Manager, upon the filing of an application for an erection permit to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if it shall appear that the proposed structure is in compliance with all the requirements of this subchapter and all other laws and ordinances of the town, he or she shall then issue the erection permit. If the work authorized under an erection permit has not been completed within 6 months after date of issuance, the permit shall become null and void.

(Ord. 612, passed 2-9-1998) Penalty, see § 154.99

§ 154.37 SIGN MAINTENANCE.

   (A)   Sign identification. Every sign hereafter registered shall show in a conspicuous place thereon which is visible to the inspector and is readable by the inspector from the ground, the permit number.

   (B)   Premises maintenance. All free-standing signs and the premises surrounding the same shall be maintained by the owner thereof in a clean, sanitary, and inoffensive condition, and free and clear of all noxious substances, rubbish and weeds.

   (C)   Unsafe and unlawful signs. If the Town Manager shall find that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or is abandoned or is maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of the provisions of this subchapter, he or she shall give written notice to the permittee or property owner thereof. If the permittee or property owner fails to remove or alter the structure so as to comply with the standards here set forth within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply, at the expense of the permittee or owner of the property upon which it is located. The Town Manager shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed.

(Ord. 612, passed 2-9-1998) Penalty, see § 154.99

§ 154.38 NONCONFORMING SIGNS.

   (A)   For the purpose of this section, a nonconforming sign shall be defined as a sign which does not conform with the provisions of this subchapter or which does not conform with the town zoning ordinance; such sign shall be removed within a period of 3 years from the effective date of the adoption of this chapter, except that:

      (1)   On-site nonconforming signs. All nonconforming signs not otherwise prohibited by the provisions of this chapter, relating to a place of business and located on the same premises as such place of business, may be continued until:

         (a)   The nature of the business conducted on the premises changes in such a manner as to occasion a change in the existing sign; or

         (b)   The name of the business changes and the sign is changed or modified either in shape, size or legend.

      (2)   Off-site nonconforming signs. Where an off-site non-conforming sign is located off the premises of the place of business to which the sign pertains and exists at effective date of the adoption of this subchapter and could not be built under the terms of this subchapter by reason of restrictions on sign area, height, its location on the lot, or other requirements, the owner of the sign shall remove the sign within 3 years from the effective date of the adoption of this subchapter.

   (B)   No nonconforming sign may be enlarged or altered in a way from which would increase its nonconformity.

   (C)   Should any nonconforming sign be damaged by any means to an extent of more that 50% of its replacement cost at time of damage, it shall not be reconstructed except in conformity with provisions of this subchapter.

(Ord. 612, passed 2-9-1998) Penalty, see § 154.99