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Greenwood, IN Code of Ordinances
THE GENERAL ORDINANCES OF THE CITY OF GREENWOOD, INDIANA
OFFICIALS OF THE CITY OF GREENWOOD, INDIANA
CHAPTER 1 GENERAL PROVISIONS
CHAPTER 2 CITY ADMINISTRATION
CHAPTER 3 LEGISLATIVE AND JUDICIAL BRANCHES
CHAPTER 4 FEES, LICENSES, PERMITS, AND FRANCHISES
CHAPTER 5 PARKS AND RECREATION
CHAPTER 6 SAFETY DEPARTMENTS AND REGULATIONS
CHAPTER 7 BUILDING AND CONSTRUCTION REGULATIONS
CHAPTER 8 TRAFFIC AND PARKING REGULATIONS
CHAPTER 9 UTILITIES
CHAPTER 10 ZONING, PLANNING AND DEVELOPMENT
CHAPTER 11 COMPARATIVE TABLES
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Sec. 10-03-02. Parking and Access.
   A.   Intent. Every use of land must include on-premises parking sufficient for the needs normally generated by the use. Parking shall be provided in a manner than is safe, accessible, well-designed, and mitigates environmental impacts.
   B.   Applicability. The standards of this section shall apply to new development and expansions greater than twenty percent (20%), as described below:
      1.   Expansion of a structure (GFA), use, number of dwelling units, or seating capacity beyond twenty percent (20%) requires that the entire site must be compliant with the standards herein.
      2.   If the expansion is less than twenty percent (20%), then only the expanded part of the use, building or site must be compliant with these standards.
      3.   If only the site, and not the use or building, is expanded by more than twenty percent (20%), then only the site must be compliant with these standards.
      4.   Where the development standards tables in Division II of this code identify parking as located in side or rear yards, one double-row of parking is permitted in front of the primary structure.
   C.   Calculation of Required Parking Spaces. In determining the required number of parking spaces, fractional spaces are rounded to the nearest whole number, with one-half (½) or more counted as an additional space. Where multiple uses exist on the same lot, the required parking minimum will be the sum of the required parking for each use. Parking reductions may be granted for shared parking as listed herein.
   D.   Minimum Parking Standards. The table below displays the minimum required parking standards by use. Uses not included in the table do not have prescribed parking space counts.
Uses
Off-Street Parking Count
Uses
Off-Street Parking Count
Animal Care Services
Boarding/kennel
1 per every six kennels
Animal grooming (without kennel)
1 per animal grooming station
Veterinary Clinic
2 per examination room
Arts and Entertainment
Motion Picture or Live Theater
1 per 3 theater seats
Automotive Retail
Retail - Convenience with gasoline
1 per 350 sq. ft. of gross indoor showroom / office floor area
Vehicular Sales - Automobiles
1 per 350 sq. ft. of gross indoor showroom / office floor area
Vehicular Sales - Motorcycles
1 per 700 sq. ft. of gross indoor showroom / office floor area
Vehicular Sales - Recreational Vehicles and Boats
1 per 700 sq. ft. of gross indoor showroom / office floor area
Automotive Services
Vehicle Care Services - Major
2 per repair bay
Vehicle Care Services - Non-major
2 per repair bay
Personal Care Services
Adult Day Care
1 per employee
Child Day Care - Center
1 per 200 sq. ft. of gross floor area
Child Day Care - In Home
2 spaces required
Crematorium (standalone)
1 per 700 sq. ft. of gross floor area
Funeral Home
1 per 250 sq. ft. of gross floor area
Congregation
Event Center - Private Events and Conferences
50% of total maximum occupancy
Religious Assembly
50% of total maximum occupancy
Eating and Drinking
Beverage - Brewing and Distilling w/on-premise consumption
1 per 350 sq. ft. of gross floor area
Beverage Sales - Liquor and Beer Sit Down/Bar Establishment
50% of total maximum occupancy
Food Service - Quick Serve/Fast Food with Drive Through
1 per 3 dining room seats and 2 waiting spaces per drive through lane
Food Service - Quick Serve/Fast Food without Drive Through
1 per 3 dining room seats
Food Service - Fast Casual Restaurant
1 per 200 sq. ft. of gross floor area
Food Service - Full Service Restaurant
50% of total maximum occupancy
Medical
Health and Wellness - Fitness Facility/Gym
1 per 300 sq. ft. of gross floor area
Health and Wellness - Massage or Therapy
2 per licensed professional
Medical - Full Service Hospital
3 per inpatient care room
Medical - Outpatient and Urgent Care
2 per licensed professional
Medical - Psychiatric Facility - Standalone
2 per licensed professional
Medical - Office
2 per licensed professional
Medical - Standalone Emergency Services
2 per licensed professional
Studio - Gymnastics/dance/fitness
1 per 300 sq. ft. of gross floor area
Industrial
Beverage - Distribution
1 per 1,500 sq. ft. gross floor area
Equipment Repair - Heavy
2 per service bay
Equipment Repair - Light
2 per service bay
Beverage - Brewing and Distilling w/out on-premise consumption
1 per 1,500 sq. ft. gross floor area
Food Service - Processing
1 per 1,500 sq. ft. gross floor area
Food Service - Production
1 per 1,500 sq. ft. gross floor area
Manufacturing - Heavy
1 per 2,500 sq. ft. gross floor area
Manufacturing - Light
1 per 1,500 sq. ft. gross floor area
Storage - Outdoor
1 per 250 sq. ft. of gross office/sales floor area
Warehouse - Large Format
1 per 5,000 sq. ft. gross floor area
Warehouse - Small Format
1 per 2,500 sq. ft. gross floor area
Lodging
Camping
1 spot per camping space
Overnight Lodging - Bed and Breakfast
1 per available room
Overnight Lodging - Extended Stay
1 per available room
Overnight Lodging - Hotel
1 per available room
Overnight Lodging - Transient Occupancy
1 per available room
Office
Office - Corporate
1 per 350 sq. ft. gross floor area
Office - Call Center
1 per 350 sq. ft. gross floor area
Office - Professional Services
1 per 350 sq. ft. gross floor area
Institutional
Event Center - Public Meetings and Conventions
50% of total maximum occupancy
Library
1 per 750 sq. ft. gross floor area
Recreation
Shooting Range - Indoor Only
1 per 750 sq. ft. gross floor area
Residential
Dwelling - Attached Single-Family
2 per dwelling unit
Dwelling - Detached Single-Family
2 per dwelling unit
Dwelling - Multi-Family Building
1 bedroom
Dwelling - Multi-Family Building Complex
1.75 per dwelling unit
Dwelling - Mobile Home
2 per pad
Dwelling - Two-Family
1 per dwelling unit
Residential Care
Dwelling - Assisted
.75 per dwelling unit
Dwelling - Group
.50 per bedroom
Dwelling - Nursing
.50 per bed
Dwelling - Developmental Disability
.50 per bedroom
Retail
Neighborhood Grocery/Market (< 10,000 GFA)
1 per 500 sq. ft.
Retail - Large Format (>25,000 GFA)
1 per 500 sq. ft.
Retail - Medium Format (10,000-25,000 GFA)
1 per 500 sq. ft.
Retail - Small Format (0-10,000 GFA)
1 per 500 sq. ft.
Retail Services
Storage - Self-Store Indoor
1 per 250 sq. ft. of gross office/sales floor area
Storage - Vehicular and Boat
1 per 250 sq. ft. of gross office/sales floor area
Financial Services
1 per 250 sq. ft. of gross office/sales floor area
Tattoo Services
1 per 250 sq. ft. of gross office/sales floor area
Personal Care and Beauty Services
2 per client station
Clothing Services - Dry Cleaning
1 per 250 sq. ft. of gross sales floor area
Mixed Use
Mixed-Use (mix of permitted uses)
Residential: 1 per unit (must be a reserved space) Non-Residential: As required by specific use
Wholesale
Auction Facility
10 per auction bay
 
   E.   Parking Space Dimensions and Drive Aisles. Parking spaces and drive aisles shall conform to the following minimum dimensions:
 
Parking Space Angles
(One-way travel unless otherwise stated)
Minimum Width
(feet unless indicated by “as inches)
Minimum Length (feet)
Minimum
Drive Aisle Width (feet)
Parallel parking
8
22
12
Parallel parking (two-way travel)
9
22
24
Ninety-degree parking
10
18
22
Sixty-degree parking
10' 5"
18
17
Forty-five-degree parking
12' 9"
19
13
 
Angled parking measurements are illustrated below:
 
Parking dimensions for spaces in the Old Town District may be reduced to nine (9) feet by eighteen (18) feet.
   F.   Parking Area Surfaces. All driveways and parking areas for all uses shall be paved with concrete, asphalt, pavers, or pervious pavers. Porous pavement should be used to the greatest degree possible, and the Stormwater Technical Standards Manual should be referenced for Best Management Practices (BMP).
   G.   Parking Reductions. Reduction of the number of parking spaces required for a property under this Ordinance may be reduced if any of the following conditions are satisfied. Conditions that warrant a reduction in required parking spaces are listed in the table below:
Parking Reduction
Rate
Maximum Reduction
Parking Reduction
Rate
Maximum Reduction
Shared Parking
The minimum parking provision for shared parking between multiple uses shall be the largest required minimum parking of all users, plus 20% of the parking minimum assigned for every subsequent use.
Total parking demand shall not be reduced by more than 30% of overall demand. No two (2) of the same use shall share parking.
Bicycle Parking
Parking spaces may be reduced at a rate of one (1) vehicular space per four (4) bicycle parking spaces.
Four (4) parking spaces - if a property is within 800 feet of a multi-use trail or on-street bicycle lane, the maximum reduction shall be increased to eight (8) parking spaces.
Transit
A primary entrance located within 1,300 feet of an operational transit stop, shall be eligible for a reduction of three (3) parking spaces.
Three (3) spaces per every transit stop.
Public Parking
A primary entrance located within 1,000 feet of a public parking facility, regardless of whether such public parking is publicly or privately owned, shall be eligible for a reduction at a rate of two (2) parking spaces for every thirty (30) parking spaces available to the general public at such parking facility; subject to availability as identified by the garage owner.
No Maximum Reduction
Rideshare
A primary entrance located within 500 feet of an active ridesharing program.
Three (3) spaces for every rideshare car, or 25% of required spaces, whichever is larger.
On-Street Parking
The existence of public, striped on-street parking abutting the applicant’s property shall be eligible for a reduction in the required minimum number of parking spaces at a rate of one (1) space for each on-street parking space adjacent to the subject property.
25%
Mature Tree Preservation
The preservation of a mature tree with a trunk diameter greater than twelve inches (12") shall be eligible for a reduction in the required minimum number of parking spaces at a rate of four parking spaces for each mature tree preserved on the subject property.
25%
 
   H.   Bicycle Parking.
      1.   Applicability.
         a.    Bicycle parking shall be provided for all new construction and building expansions beyond twenty percent (20%) that are located within five hundred feet (500') of a multi-use trail.
      2. Bicycle Parking Design, Location and Count.
         a.   Bicycle parking areas shall be designed so that when fully occupied, bicycles, including trailers, shall not obstruct an adjacent sidewalk, path, or other pedestrian way.
         b.   Bicycle parking spaces shall be near the main entryway into the primary structure or located inside the primary structure.
         c.   Bicycle parking spaces shall be provided at a rate of 1 bicycle parking space per twenty (20) vehicle parking spaces. No more than ten (10) bicycle parking spaces shall be required for any primary structure.
   I.   Parking Provision Greater than the Required Minimum.
      1.   Parking may be provided at a rate that exceeds the required minimum number of parking spaces. However, if the amount of parking provided exceeds one hundred fifty percent (150%) of the required parking minimum, additional perimeter tree planting will be required at a rate of one tree with a minimum caliber diameter of three inches (3") at the time of planting for every eight (8) parking spaces that exceed one hundred fifty percent (150%) of the minimum required number of parking spaces.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
Sec. 10-03-03. Commercial Off-Street Loading Facilities.
   A.   The requirements for commercial off-street loading facilities shall be provided in accordance with the following standards for any new structure which requires the receipt or distribution of materials or merchandise by trucks or similar commercial vehicles.
   B.   The following requirements shall pertain to the location of loading berths:
      1.   All required loading berths shall be located on the same lot as the use served;
      2.   Loading facilities shall not be located within two hundred feet (200') of a residential property;
      3.   In no case shall a loading berth be located in such a manner as to require loading/unloading vehicles to back into or maneuver within a public right-of-way or overhang adjacent property;
      4.   A plan shall be submitted and approved during the review process that shows how the loading will occur; and
      5.   No permitted or required loading berth shall be located within fifty feet (50') of the nearest point of intersection of any two streets.
      6.   Loading or unloading may not interfere with or encroach on fire and emergency vehicle lanes, parking areas, sidewalks, bike lanes, drive aisles or queuing areas.
      7.   Loading areas are not permitted within one hundred feet (100') of a residential dwelling.
      8.   Loading areas may not block required parking, or the associated circulation for required parking.
      9.   Loading areas must be located to the side or the rear of the building and may not be placed between the street and the building or any front facade of a building.
   C.   Unless otherwise specified, a required off-street loading berth shall be as follows:
      1.   For local pickup and delivery trucks: Twelve feet (12') in width by thirty feet (30') in length with a forty-five-foot (45') maneuvering apron and shall have a vertical clearance of at least twelve feet (12'). Maneuvering apron shall be at least twenty feet (20') from the centerline of the street.
      2.   For over-the-road tractor-trailers: Twelve feet, six inches (12' 6") in width by sixty feet (60') in length with a seventy-foot (70') maneuvering apron and shall have a vertical clearance of at least fifteen feet (15'). In no case, shall the loading berth be less than one hundred forty-five feet (145') from the centerline of the street.
   D.   Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.
   E.   All off-street loading berths shall be surfaced with concrete or other appropriate material meeting the durability requirements. Bituminous asphalt may be used on the portions of the apron outside of the landing/parking space.
   F.   Space allocated for off-street loading use shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
   G.   Uses for which off-street loading facilities are required herein, but which are located in buildings of less floor area than the minimum prescribed, shall provide adequate receiving facilities accessible by motor vehicles off any adjacent alley, service drive, or open space on the same lot.
   H.   Vehicle loading areas shall be screened from adjacent uses with a five feet (5') buffer area planted with shrubs or trees to form a fully opaque planted screen. A fence made of wood may be substituted for the fully opaque planted screen.
   I.   The overnight parking of semi-trucks shall not occur between the hours of 10:00 p.m. and 7:00 a.m. except in designated areas in the rear of a building.
(Ord. 20-29, § 2, 9-21-20)
Sec. 10-03-04. Loading and Drop-off for Deliveries and Rideshare.
   A.   Applicability. All new construction of buildings over ten thousand (10,000) square feet of GFA within the Old Town district must provide facilities for the loading, pick-up, and drop-off for rideshare passengers and postal deliveries.
   B.   Standards. For every ten thousand (10,000) square feet of GFA, not fewer than one (1) and not more than four (4) designated delivery and rideshare drop-off spaces must be provided within one hundred feet (100') from an entrance.
(Ord. 20-29, § 2, 9-21-20)
Sec. 10-03-05. Drive-thru(s).
   A.   Applicability. The following standards apply to all new or expanded drive-thru(s), which shall include any pick-up window, and the addition of drive-thru facilities on existing properties:
      1.   Drive-thru(s) may not be located within one hundred feet (100') of a residential dwelling or school.
      2.   If within two hundred feet (200') of a residential dwelling, drive-thru(s) may not operate between the hours of 11:00 p.m. and 6:00 a.m.
   3.   Drive-thru(s) are not permitted anywhere in Old Town.
   B.   Stacking Lane Requirements. The following table displays the minimum number of stacking spaces required in the lane that provides access to the service window, or service machine. The number of stacking spaces is determined by use as per the table below. All drive-thru(s) windows must be located so that they do not interfere with vehicular or pedestrian circulation.
Minimum Required Drive-Thru Stacking Spaces (from first window)
Use
Minimum Spaces
Minimum Required Drive-Thru Stacking Spaces (from first window)
Use
Minimum Spaces
Financial Services (per bay)
3
Food Service with Drive-Thru (1 window)
6
Food Service with Drive-Thru (2 window)
8
Automotive services - self-serve (per bay)
3
Car Wash (automated)
3 for each bay; 5 for a conveyor wash facility
Clothing Services - Dry Cleaning, Other Uses
3
 
   C.   Stacking Lane Design and Construction. Drive-thru stacking lanes must adhere to the following standards:
      1.   All stacking spaces must have a minimum width of ten feet (10') along straight segments, twelve feet (12') along curved segments, and the stacking space length must be a minimum of twenty feet (20').
      2.   Drive-thru lanes must be separated by striping and may not interfere with off-street parking or the lanes utilized for maneuvering in and out of off-street parking spaces.
      3.   Establishments with drive-thrus must provide a by-pass lane whereby vehicles may circulate around the structure separate from the drive-thru lanes.
      4.   There must be one (1) trash receptacle provided per drive-thru lane.
      5.   Pedestrian walkways shall be clearly visible and emphasized by enhanced paving or markings where they intersect drive-in or drive-thru aisles.
   D.   Menu Board Count and Area. The following regulations shall apply to menu boards and directional signage within drive-thru facilities:
      1.   Two menu boards per drive-thru aisle are permitted.
      2.   Associated directional signage that gives directions to vehicles through the parking lot and drive-thru is permitted and may not be used for advertising purposes. These boards may not exceed thirty two (32) square feet.
      3.   Drive-thru directional signs may not be larger than five (5) square feet and must be located adjacent to the drive through lane.
      4.   Menu boards may internally illuminate for the sole purpose of lighting menu writing or graphics and may not flash or have any visible bulbs or LED lighting. Electronic menu boards are permitted provided the content does not change more than four (4) times in any twenty-four (24)-hour period.
      5.   All menu boards must be oriented toward the driver in the drive-thru aisle that it is serving and may not face the right-of-way.
   E.   Drive-thru Noise and Hours.
      1.   Drive-thru speakers shall not emit more than 50 decibels and shall not be audible above ambient noise from adjacent properties. When adjacent to a residential zone or a building not in a residential zone but used for residential purposes, the hours of operation of the drive-thru shall not be earlier than 6 a.m. and not later than 11 p.m. each night of the week.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
Sec. 10-03-06. Landscaping and Buffering.
   A.   Applicability. The standards of this section shall apply to new development and expansions greater than twenty percent (20%), as described below:
      1.   Expansion of a structure or use beyond twenty percent (20%) requires that the entire site must be compliant with the standards herein;
      2.   If the expansion is less than twenty percent (20%), then only the expanded part of the use, building or site must be compliant with these standards; and
      3.   If only the site, and not the use or building, is expanded by more than twenty percent (20%), then only the site must be compliant with these standards.
   B.   Enforcement. Failure to implement the approved landscape plan shall constitute a violation of this Ordinance.
   C.   Maintenance. All landscaping shall be maintained in accordance with the approved landscape plan with landscaped areas maintained with plantings in good health, and free of refuse or debris.
   D.   Vegetation. All proposed plant material shall be:
      1.   Included on the Greenwood Planting Guide kept on file at the Department of Planning and Buildings and in the appendix of this document, as approved by the Plan Commission;
      2.   All plants must be non-invasive species;
      3.   Not more than thirty percent (30%) of any single plant genus; and
      4.   Living, disease free, undamaged, and free of material defects.
   E.   Mature Tree and Plant Conservation. The preservation of plants and trees that exist on a site shall count toward the requirements of this Ordinance, provided that:
      1.   Existing preserved trees must be greater than six inches (6") in caliper measured diameter;
      2.   Existing vegetation is clearly indicated on the landscaping plan;
      3.   Existing vegetation is not an invasive species; and
      4.   Existing vegetation is in good health or can reasonably be brought into good health.
   F.   Types of Landscaping. The following types of landscaping described in this section are illustrated in the graphic below.
      1.   Mature Tree Preservation.
      2.   Foundation Planting.
      3.   Parking Lot Perimeter Planting, Parking Lot Islands, Drive Aisle Planting.
      4.   Streetscaping.
      5.    Buffering.
 
   G.   Foundation Plantings. Foundation landscaping shall be provided as per the property groupings listed below:
 
Standard
Single-family residential properties and duplexes
Multi-family properties
Commercial properties under 25,000 sf of GFA and institutional properties
Industrial properties, and any commercial property over 25,000 sf of GFA
Front Yard Landscaping
Planting strip with minimum width of three feet (3') along the full length of the foundation facing a street.
Planting strip with minimum width of five feet (5') along the full length of the foundation facing a street.
Planting strip with minimum width of ten feet (10') along the full-length of the foundation facing a street.*
Planting strip with minimum width of fifteen feet (15') along the full length of the foundation facing a street.*
Type of Planting
Five (5) small shrubs and one (1) shade tree per street frontage.
Shrubs, flowers, long grasses, shade or evergreen trees at the recommended spacing by plant type. Spacing distance for plantings may not be greater than the recommended spacing by plant type.
Shrubs, flowers, long grasses, shade/ evergreen trees at the recommended spacing by plant type. Spacing distance for plantings may not be greater than the recommended spacing by plant type.
Shade, ornamental and/or evergreen trees are required at one (1) per forty feet (40') of linear foundation length facing the front street. Shrubs, grasses, and flowers may be interspersed at the recommended spacing by plant type. Spacing distance for plantings may not be greater than the recommended spacing by plant type.
 
*If a decorative masonry wall is erected, the planting strip may be decreased to four feet (4') in width.
 
Old Town development where the structure physically abuts the public sidewalks shall be exempt from the foundation landscape requirement.
 
   H.   Streetscaping. Street trees shall be planted at a rate of one (1) tree per forty (40) linear feet of frontage. Trees shall be planted in the front yard no closer than three feet (3') from the curb or edge of the right-of-way, or if there is a sidewalk then three feet (3') on the sidewalk opposite the street, as the case may be. Tree plantings shall not be placed in the visibility triangle located at an intersection. Street trees may be spaced thirty to sixty feet (30-60') apart depending on site conditions provided the spacing averages to one (1) tree per forty feet (40') of curb line adjacent to the subject properties.
   I.   Buffering. A landscaped buffer shall be required where districts and zones abut to mitigate the impact of adjacent uses that vary in intensity. Buffer yards shall be categorized as Small, Medium, or Large; the standards for each buffer yard are listed in the table below.
Buffer Yards
Small
Medium
Large
Buffer Yards
Small
Medium
Large
Width (min)
20'*
30'
40'
Canopy or Evergreen Trees (min per 100')
3
4
5
Ornamental Trees
(min per 100')
2
3
4
Shrubs (min per 100')
10
15
20
*Where a residential subdivision is being established, a perimeter buffer yard twenty feet (20') in width must be planted along all thoroughfares which abut the subdivision, irrespective of whether front, side or rear yards abut the thoroughfare, and provide access to the subdivision. All such buffers shall be located within common areas and not on an individual lot or lots.
Trees shall be prorated and rounded up to the nearest whole number for every foot over the initial one hundred feet (100') of contiguous boundary with the conflicting district, zone or use.
Undulating mounds or berms maybe substituted for a perimeter buffer yards. Mounds or berms shall be a minimum height of six feet (6'), a minimum crown width of two feet (2'), and a side slope not greater than three feet (3') horizontal to one foot (1') vertical. Mounds or berms shall be planted and covered with live vegetation. One tree must be planted on the berm for every forty feet (40') in length.
For the Medium and Large buffer yards, the erection of a high-quality fence made of wood or masonry six feet (6') in height as measured from the nearest visible street or adjacent property shall reduce the required buffer yard by ten feet (10'). Landscape must be installed on the outward side of the fence.
Buffers shall be located along the outer perimeter of the lot, parallel to and extending along one hundred percent (100%) of the shared lot lines, except the lot line abutting the right-of-way.
If the difference in GFA between a minor commercial use and a major commercial use is less than ten thousand (10,000) sf of GFA, then a buffer yard is not required.
 
The small, medium and large buffering as described above shall be applied at the perimeter of properties that abut a different district or zone. The buffer yard is the responsibility of the developing use, and shall be applied as per the matrix below:
 
District Or Zone Where Developing Use is Located*
Adjoining District or Zone
RL/RM/
RA/OTR
RMC/
RMH
CS/OT
CM/CL/
IC
IM/IL
RL/RM/
RA/OTR
Small
Small
Large
Large
RMC/
RMH
Small
Small
Medium
Large
CS/
OT
Small
Small
Medium
Large
CM/CL/IC
Medium
Medium
Medium
Large
IM/IL
Large
Large
Large
Large
 
   J.   Parking Lot Landscaping:
      1.   Off-Street Parking Islands.
         a.   Within off-street parking lots, a landscaped interior island must be provided every fourteen (14) parking spaces and islands must be distributed evenly throughout the parking area.
         b.   Interior islands may be consolidated, or intervals may be expanded in order to preserve existing trees.
         c.   An interior island must be a minimum of ten feet (10') in width and one hundred eighty (180) square feet in area.
         d.   Interior islands must be installed below the level of the parking lot surface to allow for runoff capture.
         e.   All interior islands must contain at least one (1) tree with a minimum diameter of four inches (4").
         f.   Islands are not required to utilize curbs. If desired, roll or stand up curbs may be utilized not exceeding four inches (4") in height.
         g.   Bioswales that include tree plantings may be provided between parking rows in lieu of parking islands so long as ten percent (10%) of the parking lot is landscaped. Bioswales must contain one (1) shade tree per forty (40) lineal feet of bioswales.
         h.   For parking lots exclusively serving semi-trucks and trailers, interior islands and any bioswales may be situated along the perimeter of the parking lot. In such instances the islands and bioswales shall be in addition to any applicable buffer requirements herein.
         i.   No landscape interior islands must be included within two rows of parking directly adjacent to a loading dock so that trucks have adequate space to maneuver.
Parking Lot Landscaping - (Left) Parking Islands, (right) Bioswale
 
      2.   Perimeter Parking Lot Landscaping.
         a.   A minimum five (5)-feet wide, landscaped area with a continuous row of shrubs must be provided at the perimeter of the parking lot. Shrubs must be a minimum of eighteen inches (18") in height when planted and must reach a minimum size of three feet (3') in height within three (3) years of planting.
         b.   Per thirty-five (35) feet of lineal feet of planting, a minimum of one (1) tree and three (3) shrubs must be planted.
         c.   The required five (5)-foot landscaped area may be reduced to three feet (3') when a three (3)-foot high masonry wall, wrought iron or wood picket fence is erected.
         d.   Beyond the five (5)-feet wide landscaped area, when abutting a Primary or Secondary Arterial, an additional buffer area ten feet (10') in width must be given between the parking lot landscaping and the edge of the right-of-way.
         e.   Drive aisles must also have perimeter plantings.
         f.   Where parking lot perimeter landscape conflicts with tractor-trailer parking, alternate landscape placement may be approved by the Planning Director.
      3.   Perimeter Parking Garage Landscaping.
         a.   A minimum five (5)-foot wide, landscaped area with a continuous row of trees and shrubs must be provided at the perimeter of the parking garage. Shrubs must be a minimum of eighteen inches (18") in height when planted and must reach a minimum size of three feet (3') in height within three (3) years of planting and trees must have a minimum trunk diameter of 2 ½ inches at the time of planting. Trees and shrubs shall be planted at the minimum recommended plant spacing by genus.
      4.   Landscaping site Constraints.
         a.   Where landscaping site constraints exist and there is not sufficient space to provide all landscaping elements, reconfiguration is permitted only if the required number of vegetative units is provided, albeit in a reconfigured format approved by the Technical Review Committee.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
Sec. 10-03-07. Outdoor Lighting.
   A.   Photometric Plan Review. A photometric plan showing compliance with these standards shall be submitted along with all final site plans. The photometric plan may be incorporated into the site plan if all photometric plan components are included. The lighting plan shall include all of the following:
      1.   All structure(s), parking spaces, building entrances, traffic areas (both vehicular and pedestrian);
      2.   Vegetation that might interfere with lighting;
      3.   Adjacent uses that might be adversely impacted by the lighting;
      4.   All exterior lighting, including but not limited to, architectural, building-entrance, landscaping, flag, accent, etc.); and
      5.   A layout of all proposed fixtures by location, orientation, aiming direction, mounting height and type.
   B.   Exempt Exterior Lighting. The following exterior lighting is exempt from the requirements of this section:
      1.   FAA-mandated lighting associated with a utility tower or airport;
      2.   Lighting for the United States flag, State flag, a County or City flag, a corporate flag, or any other flag;
      3.   Holiday lighting during the months of November, December, and January, provided the lighting does not create unsafe glare on street rights-of-way;
      4.   Battery-powered emergency lighting;
      5.   Architectural lighting of 450 lumens or less;
      6.   Public safety lighting;
      7.   Street lighting in the public right-of-way, though every attempt shall be made to select glare free fixtures and use shields and other devices to direct lighting downward; and
      8.   Residential garage, porch, and architectural and landscape accent lighting.
   C.   Light Level Measuring.
      1.   Light levels are specified, calculated and measured in foot-candles. All foot-candles values are maintained foot-candles.
      2.   Measurements are to be made at ground level, with the light-registering portion of the meter held parallel to the ground pointing up.
   D.   Design and Installation Requirements.
      1.   All light fixtures shall meet the following requirements:
         a.   Except in the OT District, the maximum light level of any light fixture cannot exceed 0.5 foot-candles measured at the property line of any residential zone or district containing a residential use, 2.0 foot-candles measured at the property line of any non-residential zone or district non-containing a residential use, and 2.5 foot-candles at the property line of a parking lot.
         b.   Lighting must not be oriented to direct glare or excessive illumination onto adjacent properties, streets or sidewalks.
         c.   All lighting fixtures and poles within a single development shall be consistent in style, color, size, height, and design and are compatible with the architecture character of the development. Service connections for all freestanding lighting fixtures must be installed underground.
         d.   All lighting fixtures, except sports field lighting and decorative architectural lighting shall be full 90-degree cutoff fixtures. Decorative architectural lighting from commercial and industrial properties shall not be permitted on facades facing an adjacent residential use.
   E.   Parking and Pedestrian Areas.
      1.   Light fixtures within parking and vehicular areas may be no higher than thirty feet (30').
      2.   Light fixtures along pedestrian paths and sidewalks may be no higher than fifteen feet (15').
      3.   Light fixture located within three hundred feet (300') of a property line of a residential zone or district containing a residential use may be no higher than fifteen feet (15').
      4.   Light fixtures in parking and vehicular display areas must be full cutoff.
      5.   Parking lot, site, and building lighting shall not be located within fifty feet (50') of a residential zone or use, except in the OT zone.
      6.   Light sources internal to parking garages must include 90-degree cutoffs or recessed fixtures. Rooftop lighting for parking structures shall be no more than fifteen feet (15') above the rooftop parking surface and shall be mounted a minimum of fifteen feet (15') in from the edge of the structure.
      7.   In all other areas, light fixtures with more than two thousand (2,000) lumens must be full cutoff unless they meet the following:
         a.   Decorative, non-cutoff fixtures can be used when the maximum initial lumens generated by each fixture does not exceed nine thousand, five hundred (9,500) lumens;
         b.   If the unshielded fixture has all metal halide, fluorescent, induction, white high-pressure sodium and color-corrected high-pressure sodium lamps, the outer lamp envelope must be coated with an internal white frosting to diffuse light;
         c.   All metal halide fixtures equipped with a medium base socket must use either an internal refractive lens or a wide-body refractive globe; or
         d.   All non-cutoff fixture open-bottom lights must have equipped with full cutoff fixture shields.
   F.   Flood Lights and Flood Lamps.
      1.   Flood lights are only permitted on residential properties and must not be directed toward adjacent properties or rights-of-way.
   G.   Canopy Lighting. Lighting under canopies must be designed to prevent glare off-site. Acceptable lighting designs include the following:
      1.   Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom of the surface canopy;
      2.   Lighting fixture incorporating shields or is shielded by the edge of the canopy itself;
      3.   Surface mounted fixture incorporating a flat glass that provides a cutoff design or shielded light distribution;
      4.   Surface mounted fixture measuring no more than two feet (2') by two feet (2'), with a lens cover that contains at least two percent (2%) white fill diffusion material; or
      5.   Indirect lighting where light is beamed upward and then reflected down from the underside of the canopy, provided the fixture is shielded so that direct illumination is focused exclusively on the underside of the canopy.
   H.   Sports and Performance Venues. Lighting of outdoor sports areas, athletic fields, and performance areas shall comply with the following standards:
      1.   Sport field lights shall not exceed one hundred feet (100') in height.
      2.   All lighting fixtures shall be equipped with an existing glare control package (e.g., louvers, shields, or similar devices) and aimed so that their beams are directed and fall within the primary playing or performance area.
      3.   The hours of operation for the lighting system for any game or event shall not continue more than one (1) hour after the end of the game or event.
   I.   Building and Security Lighting.
      1.   Lighting fixtures shall be selected, located, aimed and shielded so that direct illumination is focused exclusively on the building facade, plantings and other intended site features and away from adjoining properties and the street right-of-way.
      2.   All wall pack fixtures must be full cutoff fixtures.
      3.   Only lighting used to accent architectural features, landscaping, or art may be directed upward, if the fixture is located, aimed or shielded to avoid light spill into the night sky.
   J.   Pedestrian Lighting.
      1.   The primary building frontage for all single/two-story, multi-tenant commercial buildings and big box tenant spaces shall feature pedestrian-scaled lighting. Lights shall be provided at the primary sidewalk connection. Parking lot lighting not exceeding twelve feet (12') in height may be utilized in lieu of separate fixtures.
      2.   Decorative light fixtures shall be provided along entrance drives, public rights-of-way, buildings, and pedestrian pathways. Natural areas or conservation areas are exempt from this requirement.
(Ord. 20-29, § 2, 9-21-20)
Sec. 10-03-08. Signage.
   A.   Purpose and Intent.
      1.   The purpose of this section is to regulate the size, color, illumination, movement, materials, location, height and condition of all signs placed on private property for exterior observation, thus ensuring the protection of the health, safety and morals; the protection of property values; the character of the various neighborhoods; the creation of a convenient, attractive and harmonious community; protection against destruction of or encroachment on historic convenience to citizens; encouraging economic development; and enhancing the quality of life.
      2.   This section is intended to promote signs that are compatible with the use of the property to which they are appurtenant, the landscape and architecture of surrounding buildings, are legible and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.
      3.   This section does not regulate every form and instance of visual communication that may be displayed anywhere within the jurisdictional limits of the City. Rather, it is intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.
   B.   How to Measure Signs.
      1.    Signs shall be measured as illustrated below:
 
   C.   Prohibited Signs. The following types of signs are expressly prohibited in all Districts and Zones:
      1.   Abandoned Signs.
      2.   Animated and intensely lighted signs. No sign shall be permitted which is animated by means of flashing, scintillating, blinking or traveling lights or any other device or means not providing constant illumination except as allowed in subsection K.9. below for Digital/Electronic Variable Message (EVMS) Signs.
      3.   Lights and balloons. Search lights, twirling signs, balloons or other gas-filled figures shall be prohibited.
      4.   Off-premise signs. Off-premise signs shall be prohibited with the exception of those allowed in subsection M. below
      5.   Snipe Signs/Public Areas. No sign shall be permitted which is placed on any curb, sidewalk (excepting Portable Sidewalk/A Frame Signs legally conforming to subsection N. below) a post, pole, electrolier, hydrant, bridge, tree or other surface located on public property, on public right-of-way or over or across any street or roadway
      6. Signs that bear or contain statements, words, or pictures of an obscene or pornographic manner.
      7.   Signs that operate or employ any stereopticon or motion picture projection or media, or have visible moving parts, or any portion of which moves or gives the illusion of movement.
      8.   Signs that emit audible sound, odor, or visible matter.
      9.   Signs which, by reason of their size, location, movement, content, coloring or manner of illumination, may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or road equipment vehicle, or which hide from view any traffic or roadway sign or signal or device;
      10.   Bench Signs. The use of benches as signs shall be prohibited.
      11.   Roof Signs. Signs, mounted letters, painted letters or other types of signs shall be prohibited from placement on a roof or roof deck.
      12.   Pennant strings and streamers.
      13.   Signs which prevent free ingress or egress from any door, window, fire escape, or that prevent free access from one part of a roof to any other part. No sign other than a safety sign shall be attached to a standpipe or fire escape.
      14.   Reflective signs or signs containing mirrors.
      15.   Interactive signs.
      16.   Signs erected without the permission of the property owner, with the exception of Government/Regulatory signs.
      17.   Signs that promote an illegal activity.
      18.   Vehicle signs. It shall be prohibited to park or use a vehicle in such a way as to function as a sign, defined to include the parking of any vehicle, trailer or similar movable structure containing or supporting any signage between the right-of- way line and any public street and the lesser of two distances: forward of the Front Line of Building of the Principal Building or one hundred-fifty feet (150') from the public right-of-way, with the exception of:
         a.   Vehicles actively involved in construction on or serving of the site;
         b.   Vehicles delivering products to the site in designated loading areas;
         c.   Vehicles parked in designated truck parking areas of a development that have been screened from or are not generally visible from the public right-of-way;
         d.   Vehicles parked on sites where parking is not available one hundred-fifty feet (150') or more from the public right-of-way. In such cases, vehicles supporting signage shall be located as far as possible from the public right-of-way;
         e.   Passenger vehicles, pick-up trucks, and passenger vans of a size that can fully fit within a standard parking space, containing signs painted on or permanently affixed on the doors or integral body panels.
      19.   Banners. Banners and pennants shall be prohibited unless utilized as a temporary wall sign or utilized as a Pole Banner Sign. Banners and pennants shall not be used as a freestanding sign or as a component thereof, except in the case of the aforementioned Pole Banner Sign. A banner may be used as a temporary wall sign provided the length of time for which the banner is used shall not exceed ninety (90) days or the date that the permanent wall sign is installed, whichever occurs first. The maximum permitted sign area for a banner shall be twenty-five percent (25%) of that permitted for a wall sign in the underlying zoning district as described in subsequent sections of this Division. A temporary sign permit for the banner shall be required, but does not count against the maximum annual permit limitation for temporary signs set forth in subsection E., below, as it is not a freestanding temporary sign.
   D.   Signs Authorized Without a Permit. The following signs shall be allowed without a sign permit and shall not be included in the determination of the type, number, or area of permanent signs allowed within a District or Zone, provided such signs comply with all regulations in this Division.
      1.   Government/Regulatory signs when erected and maintained pursuant to law.
      2.   Traffic control devices on private or public property that must be erected and maintained to comply with the Indiana Manual on Uniform Traffic Control Devices or with the Manual on Uniform Traffic Control Devices adopted by the Federal Highway Administration.
      3.   Each property owner must mark his/her property using numerals that identify the address of the property so that public safety departments can easily identify the address from the public street. The size and location of the identifying numerals and letters if any must be proportional to the size of the building and the distance from the street to the building and in no case smaller than four inches (4") in height and no larger than twelve inches (12") in height. In cases where the building is not located within view of the public street, the identifier must be located on the mailbox or other suitable device such that it is visible from the street.
      4.   Where a federal, state or local law requires a property owner to post a sign on the owner’s property to warn of a danger, to prohibit access to the property either generally or specifically, or display required information, the owner may comply with the federal, state or local law to exercise that authority by posting a sign on the property. Size limitations shall be nine (9) square feet.
      5.   The signs described in subsection D.1. through D.4. above are an important component of measures necessary to protect the public safety and serve the compelling governmental interest of protecting traffic safety, serving the requirements of emergency response and protecting property rights or the rights of persons on property.
      6.   Parking signs. Signs for public and private parking shall be permitted. Such signs shall be subject to a three (3)-foot setback from right-of-way. Signs shall be at least seven (7) from top of curb elevation to bottom of sign and no greater than six (6) square feet in area. Such signs shall be installed so as to not present a hazard to traffic entering or leaving the premises.
      7.   Traffic direction signs. Signs directing traffic movement onto or within premises. The leading edge of such signs shall be a minimum of three feet (3') from any curb or traffic movement aisle, and the sign shall be no greater than three feet (3') in height, and no greater than six (6) square feet in area in any zone or district, except in the IM and IL zones, such signs shall be no greater than six feet (6') in height and no greater than sixteen (16) square feet in area.
      8.   Interior Signs. Signs located on the interior of buildings, courts, lobbies, athletic fields, stadiums, or other structures (which may include fences) which are not intended to be seen from the exterior of said buildings or structures and are located at least three feet (3') from the window.
      9.   Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of official or directed duties; provided, that all such signs must be removed no more than ten (10) days after their purpose has been accomplished.
      10.   A property owner may place an additional temporary sign on business, commercial, industrial and multi-family property during the period of time the property is for sale or lease provided the sign is removed within seven (7) days of sale or lease.
      11.   Window signs on commercial properties that comprise less than ten percent (10%) of a window (maximum of two (2) per window). Window signs over ten percent (10%) shall require a wall sign permit.
      12.   Small Temporary Residential District Signs as per the standards below:
         a.   Small temporary residential signs allowed at any time: A residential property owner may place one (1) temporary sign with a sign face no larger than four (4) square feet on residential property at any time unless otherwise provided herein.
         b.   During the fifty (50) day period between November 20 to January 10, a residential property owner may place an unlimited number of additional temporary signs on the residential property and may use lights as measured at the property line to decorate the residential property even if the lights might be arranged to form a sign.
         c.   The sign face of any small temporary residential sign, unless otherwise limited in this Division must not be larger than four (4) square feet.
   E.   General Regulations Pertaining to Temporary Signs.
      1.   Residential Districts temporary signs allowed as per the regulations below:
         a.   A maximum of four (4) pole banner or street pole banner signs for show models in newly constructed subdivisions shall be permitted per single- family residential access to an arterial street. The maximum sign surface area per pole banner sign shall not exceed twenty-four (24) square feet in area. Pole Banners Signs are subject to the requirements of this section.
      2.   Business, Commercial, Industrial, and Multi-Family District temporary signs allowed as per the regulations below:
         a.   Temporary sign limitations: A business, commercial, industrial, or multi-family property owner may place no more than one (1) temporary sign with a sign face no larger than thirty-two (32) square feet on display on the property at a time, except as permitted in subsection b) below A temporary sign may be displayed for a period up to fifteen (15) days no more than six (6) times per calendar year.
         b.   Sign Permit required. A temporary sign permit is required for each temporary sign displayed, except signs displayed pursuant to subsection D. 12. above. The temporary sign permit shall expire fifteen (15) days from the date of issuance; however, should the applicant specify an alternate commencement date, the duration of sign display shall not exceed fifteen (15) consecutive days.
         c.   All temporary signs must be installed in such a way that they do not create a safety hazard.
         d.   All temporary signs must be made of durable materials and shall be well maintained.
         e.   Illumination of temporary signs is prohibited.
         f.   Portable signs that adhere to the standards of this subsection that have a maximum height of seven (7) feet.
   F.   Sign Permits. Except as otherwise provided within this Division, it shall be unlawful for any person to erect, construct, enlarge, structurally alter or modify or relocate any sign within the jurisdiction of the Plan Commission, or cause the same to be done, without first obtaining a sign permit.
   G.   Permit Application. An application for a sign permit must be filed with the Department of Community Development Services on forms furnished by that department for permanent and temporary signs which require a permit. The applicant must provide sufficient information to determine if the proposed sign is allowed under this section and other applicable laws, regulations, and ordinances.
   H.   Permit Processing.
      1.   Department of Community Development Services must promptly process the sign permit application and approve the application, reject the application, or notify the applicant of deficiencies in the application, within ten (10) business days of the date of the application.
      2.   If the application is rejected, Department of Community Development Services must provide a list of the reasons for the rejection in writing. An application must be rejected for non-compliance with the terms of this section, other sections of this Ordinance, or other applicable law, regulation, or ordinance.
      3.   Duration and revocation of permit. If a permanent sign is not installed within three (3) years following the application date of a sign permit, the permit shall be void. The Planning Director or his/her designee may revoke a sign permit under any of the following circumstances:
         a.   The Planning Director/Designee determines that information in the application was materially false or misleading;
         b.   The sign as installed does not conform to the sign permit application;
         c.   The sign violates this section, this Ordinance, the Building Code, or other applicable law, regulation, or ordinance; or
         d.   Department of Community Development Services determines that the sign is not being properly maintained or has been abandoned.
   I.   Permit Fee. The application, including all required documentation, shall be filed with the Department of Community Development Services together with payment of a permit fee as adopted by the Greenwood Common Council in the Official Fee Schedule.
   J.   Appeals. If the Code Enforcement Official denies a permit the applicant may appeal to the Board of Zoning Appeals per Indiana Code.
   K.   General Regulations.
      1.   Sign Location.
         a.   No sign shall be placed in such a position as to endanger pedestrians, bicyclists, or traffic on a street by obscuring the view or by interfering with official street signs or signals by virtue of position or color, and signs may not be placed in the right-of-way.
         b.   No sign may be located within the Visibility Triangle.
         c.   Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground utility and communications lines or equipment. No sign shall be placed on utility easements or drainage easements as defined on recorded plats or site plans without the express consent of the Board of Public Works and Safety.
         d.   All freestanding signs shall be subject to a minimum setback from any street right of way of not less than ten feet (10'); and shall not be installed in a manner that obstructs vision of, or otherwise creates, a hazard to traffic entering or leaving the premises. Ground and pole signs shall be no closer to the rear and side property line than fifteen feet (15').
         e.   Sign Materials & Construction: Every sign shall be constructed of durable materials, using noncorrosive fastenings; shall be structurally safe; and shall be maintained in safe condition and good repair at all times so that all sign information is clearly legible.
      2.   Sign Area.
         a.   The area of a sign shall mean the area of all lettering, wording, and accompanying designs, logos, and symbols. The area of a sign shall not include any supporting framework, bracing or trim which is incidental to the display, provided that it does not contain any lettering, wording, or symbols.
         b.   Where the sign consists of individual letters, designs, or symbols attached to a building, awning, wall, or window, the area shall be that of the smallest rectangle which encompasses all of the letters, designs, and symbols.
         c.   Signs may be double-sided.
            i.   Sign Area: On-premises signs.
               (a)   Only one (1) side shall be considered when determining the sign area, provided that the faces are equal in size, the interior angle formed by the faces is less than 45 degrees, and the two faces are not more than eighteen inches (18") apart.
               (b)   Where the faces are not equal in size, but the interior angle formed by the faces is less than 45 degrees and the two faces are not more than eighteen inches (18") apart, the larger sign face shall be used as the basis for calculating sign area.
               (c)   When the interior angle formed by the faces is greater than 45 degrees, or the faces are greater than eighteen inches (18") apart, all sides of such sign shall be considered in calculating the sign area.
            ii.   Sign Area: Off-premises signs.
               (a)   Only one (1) side shall be considered when determining the sign area, provided that the faces are equal in size, the interior angle formed by the faces is less than 45 degrees, and the two faces are not more than five feet (5') apart.
               (b)   Where the faces are not equal in size, but the interior angle formed by the faces is less than 45 degrees and the two faces are not more than five feet (5') apart, the larger sign face shall be used as the basis for calculating sign area.
               (c)   When the interior angle formed by the faces is greater than 45 degrees, or the faces are greater than five feet (5') apart, all sides of such sign shall be considered in calculating the sign area.
               (d)   Signs or advertising structures with more than two (2) faces are prohibited.
         d.   Signs that consist of, or have attached to them, one or more three-dimensional or irregularly shaped objects, shall have a sign area of the sum of two adjacent vertical sign faces of the smallest cube encompassing the sign or object.
         e.   If elements of a sign are movable or flexible, such as a flag or banner, the measurement is taken when the elements are fully extended and parallel to the plane of view.
      3.   Sign Height.
         a.   Sign height shall be measured as the distance from the highest portion of the sign to grade level.
         b.   Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other structural elements.
      4.   Sign Spacing.
         a.   The spacing between sign structures shall be measured as a straight-line distance between the closest edges of each sign.
      5.   Sign Illumination.
         a.   Signs erected or maintained which, by use of lights or illumination, creates a distracting or hazardous condition to a motorist, pedestrian, the general public, or adjacent properties shall be prohibited. Light rays must shine only upon the sign and upon the property within the premises. In addition:
            i.   No more than 0.2 foot-candle of light shall be detectable at the boundary of any abutting property.
            ii.   Hours of Operation: Signs within three hundred feet (300') of a residential area or mixed-use area with residential may be illuminated from 5:00 a.m. until 11:00 p.m., or ½ hour past the close of business of the facility being identified or advertised, whichever is later. Signs not facing the residential use are exempt from this requirement.
            iii.   Fluctuating or Flashing Illumination. No portion of any sign may fluctuate in light intensity or use intermittent, strobe or moving light or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any manner that creates the illusion of movement.
      6.   Brightness: Message center signs and digital displays are subject to the following brightness limits:
         a.   Signs must not exceed a maximum illumination of four hundred sixty (460) foot-candles during daylight hours and a maximum illumination of forty-six (46) foot-candles for the time period between one-half (½) hour before sunset and one-half (½) hour after sunrise as measured from the sign’s face at maximum brightness, measured at grade level within ten feet (10') of the sign face.
         b.   Each sign must have a light sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change to comply with the limits set here within.
      7.   Message Duration.
         a.   The length of time each message may be displayed on a message center sign, digital display, or Tri-Vision Board sign shall have a minimum duration of eight (8) seconds and must be a static display.
      8.   Glare Control.
         a.   Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields, and baffles, and appropriate application of fixture mounting height, wattage, aiming angle, and fixture placement. Vegetation screens shall not be employed to serve as the primary means for controlling glare.
      9.   Regulations for Digital/Electronic Variable Message Signs (EVMS). Where permitted. EVMS shall be permitted as a component of a sign for any freestanding use or integrated center.
         a.   Where permitted. EVMS shall be permitted as a component of a sign for any freestanding use or integrated center.
         b.   Permitted sign types. EVMS shall be permitted as a component of any pole or ground sign for freestanding uses or integrated centers. In addition, EVMS shall also be permitted as a component of wall signs.
         c.   Amount of a sign that can contain an EVMS. The portion of a sign dedicated for an EVMS shall not exceed forty percent (40%) of the sign size.
         d.   Distance separation from a signalized intersection. No sign containing an EVMS as a component shall be located within one hundred twenty-five feet (125') of any signalized intersection of two (2) or more streets. The distance shall be measured from the point where the existing right-of-way lines of the intersecting streets meet. In a case where rounded or cut property corner exists, this measurement shall be taken from the point of the intersection of the existing rights-of-way lines, as extended. The distance shall be measured along the right-of-way line from the point of intersection.
         e.   Distance separation from a residential use. EVMS shall not be located within three-hundred feet (300') of any residential use. Any EVMS that is located within three hundred feet (300') of any residential use must automatically turn off between the hours of 11:00 p.m. and 6:00 a.m. daily.
         f.   Transition. In all districts where the full sign image or any portion thereof changes, the change sequence must be accomplished by means of fading, dissolving, scrolling or traveling, and be completed in no less than one (1) second but no more than two (2.0) seconds.
         g.   Video Display. No portion of any sign may change its message or background in a manner or by a method of display characterized by motion or pictorial imagery, or depicts action or a special effect to imitate movement, or the presentation of pictorials or graphics displayed in a progression of frames that give the illusion of motion or the illusion of moving objects, moving patterns or bands of light or expanding or contracting shapes.
         h.   EVMS shall be designed to either freeze the display in one static position, display a full black screen, or turn off in the event of a malfunction.
         i.   Portable or temporary EVMS shall be prohibited.
   L.   Menu of On-Premises Signs Allowed by Permit. The table below list signage as permitted by zone or district. Sign types are permitted in the various zones or districts based on their compatibility with the development and the built context. Signs authorized without a permit, as stated hereinabove, are also permitted in all zones and districts if they comply with all applicable standards.
      1.   Number of Permitted Signs. All properties may display one building mounted and one ground mounted sign as permitted below subject to the following exceptions:
         a.   If a property has frontages on three separate public streets, one sign shall be permitted for each of the three street frontages thereby increasing the maximum number of signs to three. In the event that a property has three frontages, signs located adjacent to the rights-of-way may not be closer than one hundred feet (100') apart.
         b.   Where multiple businesses are located on one property, two signs are permitted to advertise the entire property in keeping with this section, and additionally one of the following signs is permitted per every individual business located on site: Canopy or Awning Sign; Projecting Sign or Blade Sign; Wall Sign; Window Sign.
      2. On Premises Sign Menu: Building Signs.
 
CANOPY OR MARQUEE SIGN: One per storefront
ZONES/DISTRICTS PERMITTED: OT, CS, CM, CL, IM, IL, IC
One Marquee sign is permitted per building for the following uses: Movie Theaters, Arts Centers, Community Facilities, Events Centers, and Museums
 
 
Such signs shall be located only above the principal public entrance of a building facing a public street or parking lot and may be illuminated in accordance with the illumination standards above.
Standards:
         Such signs shall be located only above the principal public entrance of a building facing a public street, sidewalk, or parking lot.
         No canopy/marquee shall be wider than the entrance it serves, plus two feet (2') on each side thereof.
   No canopy/marquee shall extend closer to the street curb than three feet (3').
   Marquee signs may have changeable copy.
Dimensions:
         Marquee Sign: The total area of signs on a single marquee structure shall not exceed two hundred (200) square feet in area.
         Canopy Sign: The total area of signs on a single canopy sign shall not exceed one (1) square foot for every lineal foot of storefront up to one hundred feet (100').
   No portion of a canopy/marquee sign shall extend vertically above the eaveline.
         The lowest edge of the canopy or awning sign shall be at least eight feet (8') above the finished grade.
         A logo or emblem is permitted on the top or angled portion of the canopy up to a maximum of three (3) square feet.
 
AWNING SIGN: One per building
ZONES/DISTRICTS PERMITTED:
OT, CS, CM, CL, IM, IL, IC
 
 
A sign that is mounted, painted, or otherwise applied on or attached to an awning or other fabric, plastic, or structural protective cover over a door, entrance, or window of a building.
Standards:
         An awning without lettering or other advertising shall not be regulated as a sign.
         Awning signs must be centered within or over architectural elements such as windows or doors.
         No awning sign shall be wider than the building wall or tenant space it identifies.
Dimensions:
   The lowest edge of the awning sign shall be at least eight feet (8') above the finished grade.
         Awnings above the ground floor may be fixed, provided they do not project more than four feet (4') from the face of the building.
         Awnings above the ground floor may be fixed, provided they do not project more than four feet (4') from the face of the building.
         A logo or emblem is permitted on the top or angled portion of the awning up to a maximum of three square (3) feet.
 
PROJECTING / BLADE SIGN: One per storefront
ZONES/DISTRICTS PERMITTED:
OT, CS, CM, CL, IC
 
 
A sign that is wholly or partly dependent upon a building for support or suspended from a pole attached to a building. Such signs must be perpendicular to the building face upon which they are attached.
Standards:
   Base materials (where affixed to building): Wood or Metal.
   External or internal illumination is permitted.
   The outermost portion of a projecting sign shall project no closer than five feet (5') from a curbline or shoulder of a public street, with exception of projecting signs in the Old Town Commercial District which are exempt from this requirement.
Dimensions:
   Maximum sign width: forty-eight inches (48").
   Maximum sign depth: twelve inches (12").
   Maximum sign height: one hundred forty-four inches (144").
   No portion of a projecting signs shall project more than four fee (4') t from the face of the building.
   The lowest edge of a projecting sign shall be at least eight feet (8') above the finished grade.
   Where there is a single tenant, the sign shall project above the eave-line of a building.
   Where there are multiple tenants in a multi-story building, the sign may be affixed to the second story, with each tenant permitted a sign no taller than eighteen inches (18").
 
WALL SIGN: One per storefront
ZONES/DISTRICTS PERMITTED: AC, OS, OT, CS, CM, CL, IM, IL, IC
 
 
Any sign attached to, mounted, engraved, or erected against the outside wall of a building or structure, with the exposed display surface of the sign in a plane parallel to the building facade. Wall signs include letters or numerals mounted directly on buildings and any extensions thereon. Wall signs, where permitted, shall only be placed within the space that is ten feet (10') above a storefront or within the space that is ten feet (10') below the top of the highest parapet wall of a building.
Standards:
   External or internal illumination is permitted.
Dimensions:
   The maximum sign area shall be 1.5 sq. ft. per lineal foot of building frontage to a maximum of two hundred (200) sq. ft.
   The face area may be increased by seventy-five percent (75%) if the sign is for two (2) or three (3) businesses and may be increased by one hundred percent (100%) if the sign is for more than three (3) businesses.
   A freestanding building situated on a corner lot (with two street frontages) may have front wall signage on both walls with street frontage. The other building walls should be considered one side and one rear wall.
   The sign shall be mounted on a raceway; painted directly on wall; supports and wiring components concealed from public view; flush with wall not protruding more than twelve inches (12") from wall.
   Multi-tenant office buildings within the CM, CL, IM, IL, and IC zones shall be permitted one wall sign not to exceed one hundred (100) sq. ft. of face area per tenant, not to exceed a total square footage of four hundred (400) sq. ft. per building facade.
   Wall signs shall be permitted on each wall facing an enclosed mall shopping center’s parking lot and may exceed fifteen feet (15') at grade. Maximum sign area on each of such walls shall be two (2) square feet for each lineal foot of building frontage on such parking lot; however, in no instance shall any individual sign exceed four hundred (400) square feet.
   Strip commercial centers and commercial subdivisions shall meet the following:
      Signage on a building wall with street frontage shall be permitted four (4) square feet for each lineal foot of building frontage up to a maximum of two-hundred (200) square feet;
      Side Wall. Signage on a side wall of a building shall be permitted two (2) square feet for each lineal foot of building depth up to a maximum of one-hundred (100) square feet;
      Rear Wall. Signage on a rear wall of a building shall be permitted one (1) square foot for each lineal foot of the rear wall up to a maximum of fifty (50) square feet.
 
WINDOW SIGN: One per storefront
ONES/DISTRICTS PERMITTED:
OT, CS, CM, CL, IC
 
   Any signs, posters, symbols and other types of identification directly attached to the window of a building or erected on the inside of the building and visible from any public right-of-way or adjacent property.
Dimensions:
   In the OT and CS, thirty percent (30%) of the total window area of any single business may be covered by a sign.
   In the CM, CL and IC, a maximum of forty percent (40%) of the total window area of any single storefront may be covered by a sign.
      1.   On Premises Sign Menu: Freestanding Signs.
         i.   No freestanding sign may occupy an area designated for parking, loading, walkways, driveways, fire lane, easement, cartway of the right-of-way or other areas required to remain unobstructed.
         ii.   All freestanding signs shall be set back ten feet (10') from the right-of-way, except for Government/Regulatory signs.
 
DIRECTIONAL SIGN: One per vehicular entrance, one per internal drive lane
ZONES/DISTRICTS PERMITTED: AC, RMC, RMH, CS, CM, CL, IM, IL, OS, AG, IC
 
A directional sign provides details about internal circulation or locations on a property and may not be used for advertising purposes.
Standards:
   Base materials: metal, brick, or stone.
   Internal or external illumination is permitted.
Dimensions:
   Maximum sign face area (each side): three (3) sq. ft.
   Maximum sign height: three feet (3') above grade.
         Maximum size for sign base: The area that makes up the sign base may be up to sixty percent (60%) of sign face area.
 
HANGING SIGN: One per street front
ZONES/DISTRICTS PERMITTED: OT, CS, CM, IC
 
Any sign supported wholly or in part by a structure other than the building or buildings housing the business to which the sign pertains and that is not a pole sign.
Standards:
   Sign face materials: wood or metal.
   Sign base materials: wood or metal.
   External illumination is permitted.
Dimensions:
   Maximum sign face area: sixteen (16) sq. ft.
   Maximum sign height: eight feet (8').
   No two free-standing signs may be closer in distance than twenty feet (20').
 
DUAL PIER GROUND SIGN: One per street front
ZONES/DISTRICTS PERMITTED: AC, IC, CS, CM, CL, IM, IL
 
Ground signs on non-residential properties which have one section permanently affixed to two base support piers and not mounted on a single pole or attached to any part of a building.
Standards:
   External illumination is prohibited.
Dimensions:
   The maximum area of the sign face is twenty-five (25) sq. ft.
   The topmost portion of the sign shall not exceed beyond ten feet (10') at grade.
 
MULTIPLE USE SITE GROUND SIGN: One per street front
ZONES/DISTRICTS PERMITTED: CS, CM, CL, IM, IL
 
Ground signs for multiple use properties shall be considered as having a combination of business identification sections, with each section identifying one business, visually separated from the others by a cabinet frame, support, or other structural or decorative sign component. For the purposes of this Section, gas stations and associated convenience stores located on the same lot shall be considered as two separate uses when operated and branded separately.
Standards:
         The maximum number of business identification sections shall be equal to the number of businesses on site.
   Changeable copy signs shall be permitted for gasoline fueling stations only.
Dimensions:
         Sign area will be delineated by the amount of street frontage - one (1) sq. ft. of sign face is permitted per four (4) lineal feet of street frontage, up to a maximum of two hundred forty (240) sq. ft.
   No individual tenant may comprise more than one hundred (100) sq. ft. of the total sign face.
   The topmost portion of the sign shall not exceed beyond twenty-three feet (23') at grade.
         Up to three feet (3') may be permitted for a sign base which shall not be counted toward the maximum dimensions. The base shall be made of stone or metal.
 
MONUMENT SIGN: Residential neighborhood identification only -
one per street front
ZONES/DISTRICTS PERMITTED: OTR, OS, OT, RL, RM, RA, RMC, RMH, CM, CL, IC
 
A freestanding sign erected directly on the ground and structurally independent from any building or structure, made of stone or masonry. This sign is permitted only to identify residential subdivisions or neighborhoods from a major thoroughfare and may not exist on an individual residential lot.
Standards:
   Sign face materials: wood carved and painted, stone or brick.
   Sign face surround materials: stone or masonry.
   External illumination is permitted.
   Changeable copy not permitted.
Dimensions:
         The face of any such sign shall not exceed thirty-two (32) square feet in area. Excepting, however, for each additional foot (beyond ten (10)) that the setback distance is increased, the face area of the sign may be increased by one (1) square foot; up to a maximum allowable size of one hundred (100) square feet.
         The height of any ground sign shall be such that no part of the sign structure shall exceed a maximum height of eight feet (8') from grade level.
 
MONUMENT SIGN: one per street front
ZONES/DISTRICTS PERMITTED
AC, CS, CM, CL, IM, IL, IC, OS, OT
 
The sign is ground mounted and has a base and a structure surrounding the sign face, which includes copy that cannot be changed without replacing the sign face.
Standards:
   Sign face surround materials: brick or stone.
   Sign base materials: brick or stone.
   External or internal illumination is permitted.
Dimensions:
   Maximum sign face area: forty-eight (48) sq. ft.
   Minimum base height: two feet (2').
   Minimum sign face surround width: one foot (1').
   The topmost portion of the sign shall not exceed beyond six feet (6') at grade.
   No two monument signs may be closer in distance than twenty feet (20').
 
MONUMENT SIGN, CHANGEABLE COPY: one per street front
ZONES/DISTRICTS PERMITTED:
AC, CM, CL, IL, IC, OS, OT
Additionally, permitted for schools, community facilities, and religious assembly
 
A ground sign with little or no open space between the ground and the sign and having a base and a structure surrounding the sign face, which includes copy that can be electronically or manually changed from time to time.
Standards:
   Sign face surround materials: brick or stone.
   External illumination is permitted.
   See additional standards for changeable copy signs.
Dimensions:
   Maximum sign face area: twenty-four (24) sq. ft.
   Minimum Base Height: two feet (2').
   Minimum sign face surround width: two feet (2').
   The topmost portion of the sign shall not exceed beyond six feet (6') at grade.
         Changeable copy shall not comprise more than forty percent (40%) of the total sign face area; provided, however no changeable copy portion of a sign may exceed twelve (12) square feet in area.
 
POLE SIGN: one per business parcel
ZONES/DISTRICTS PERMITTED: CL, CM, IC
 
A freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure. They may be two-sided.
Standards:
         Internal and external illumination, as well as EVMS are permitted and must adhere to the illumination standards of this section.
   Changeable copy is permitted.
         Enclosed Mall Shopping Centers may have one (1) pole sign along each street or highway right-of-way abutting such enclosed mall shopping center. Such sign shall have a maximum surface area not exceeding three hundred (300) square feet. Such sign shall not exceed thirty-five feet (35') in height.
         Where an enclosed mall shopping center has in excess of six hundred feet (600') of street frontage along any given street or highway right-of way, one (1) additional free standing pole sign may be permitted provided that the distance between such signs along such street or highway right-of-way shall be not less than five hundred feet (500').
Dimensions:
         Such signs shall have a minimum height of nine feet (9') from grade level to the bottom of the sign and a maximum height of thirty-five feet (35') from grade level to the top of the sign, unless otherwise restricted by an overlay district.
   Maximum sign face area: one hundred (100) square feet.
   Minimum sign face surround width: one foot (1') .
 
GASOLINE SALE SIGNAGE: one per business parcel
Signage Below Permitted Only for the ‘Retail - Convenience with Gasoline’ use
 
The following standards apply to signage advertising or supporting the sale of gasoline, only in areas where gasoline sale is permitted:
      A.   One (1) on-site dual faced pole sign is permitted for gasoline sales; the sign height shall not exceed forty feet (40'), and the sign area shall not exceed one hundred (100) sq. ft.
      B.   One (1) on-site dual faced business ground sign is permitted for gasoline sales; the sign height shall not exceed twenty feet (20'), and the sign area shall not exceed sixty (60) sq. ft.
      C.   The changeable area of the changeable message gasoline   Gasoline Sale Signage price signs shall not exceed seventy-five percent (75%) of the total sign area.
      D.   A maximum of two (2) canopy signs per gas station, not to exceed a total of eighteen (18) sq. ft.
      E.   The following signs are permitted for gasoline sale and do not require a permit:
      F.   Two (2) non-illuminated “self-serve”“ or “full-serve” signs per pump island not to exceed two (2) sq. ft. each; and
      G.   One (1) fuel price or promotional information sign per fuel pump not to exceed two (2) sq. ft.
   M.   Off-Premises Sign Allowed by Permit - Billboard. The purpose of this section is to control and regulate off-premises signage visible along interstate highways located within the jurisdiction of the Plan Commission in a manner that is fair and equitable, and in compliance with state and federal regulation of interstate signs. These regulations serve the compelling governmental interests of preserving and maintaining the scenic and aesthetic environment so as to protect and promote the tourist industry and the quality of life of the City’s residents and visitors; of improving safety for local and visiting motorists by reducing the negative distracting influence of uncontrolled off-premise signs, and of minimizing possible adverse effects of off-premise signs on nearby public and private property.
      1.   Permitted locations.
         a.   Outdoor advertising structures and signs are permitted only along an interstate highway where the site is zoned commercially or industrially. They may not be attached to the external wall or otherwise affixed to any part of any building and shall not extend over any public property or right-of-way, or on or over a bridge. Off-premises signs may not be located on sewer or drainage easements or rights-of-way, or water, electric, or petroleum pipelines or easements without written consent of the Board of Public Works and Safety or the appropriate utility company.
      2.   Size and height restrictions.
 
Type
Minimum
Setback
Minimum
Height
Maximum
Height
Maximum Face Area
Permitted Location
Billboard
20'
12'
40'
750 sq. ft.
(includes extensions)
On- or Off-Premise
High-Rise
65'
50'
85'
550 sq. ft.
On-Premises ONLY
On back-to-back or “V-ed” double-faced sign structures, the maximum face area shall be permitted for each face. Signs or advertising structures with more than two (2) faces are prohibited.
Minimum and maximum heights shall be measured from the grade level at the base of the sign.
 
      3. Minimum Proximity.
         a.   There shall be a minimum spacing of one thousand feet (1,000') between any type of off-premise outdoor highway advertising structures and signs on each side of the interstate highway.
         b.   No off-premises billboard shall be allowed within five hundred feet (500') of an interchange. Said five hundred feet (500') to be measured along the interstate from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way. This five hundred foot (500') prohibition does not apply to on premise signs which otherwise meet the requirements of this section.
         c.   Vertically or horizontally stacked signs are be permitted.
      4. Structure Specifications.
         a.   All pole and structural members shall be of steel. All billboard type signs shall be mounted on single-pole or I-beam structures. High-rise type signs may be erected on one or more steel support structures. All members shall be painted.
         b.   All frames surrounding poster or bulletin signs shall be of painted metal, rough sawn cedar, or of a framing material of equivalent quality.
         c.   Each sign structure shall have the name, address, and telephone number of the owner posted thereon. On sign structures utilizing electricity for illumination and so forth, the sign structure shall feature Underwriter’s Laboratory approval of said installation.
         d.   A sign may be mounted with two (2) faces back-to-back (or “V-ed”) at an angle not to exceed sixty (60) degrees.
         e.   When a structure is constructed in such a manner as to have copy material facing in a single direction, the exposed rear of the sign and the structural members shall be finished and maintained to a degree equal to that of the copy side of the sign.
         f.   Landscaping shall be provided and maintained at the base of all off-premises signs. Trees and shrubbery, including evergreen and flowering trees, of sufficient and appropriate species, size and quantity shall be used to achieve the purpose of this section.
         g.   Trees greater than four inches (4") in diameter removed for construction of the sign shall be replaced on-site at a ratio of one (1) replacement tree for each removed tree using native species no less than three inches (3") in diameter.
   N.    Temporary Signs Allowed by Permit. The following permitted temporary signs require a permit, and the requirements and general regulations for each sign type, are listed below:
      1.   Banners.
 
Duration. A banner may be used as a temporary wall sign provided the length of time for which the banner is used shall not exceed ninety (90) days or the date that the permanent wall sign is installed, whichever occurs first.
Area. The maximum permitted sign area for a banner shall be twenty-five percent (25%) of that permitted for a wall sign in the underlying zoning district as described in the relevant sections of this Division. A temporary sign permit shall be required.
Anchor. Banners shall be prohibited unless utilized as a temporary wall sign or utilized as a Pole Banner Sign or Street Pole Banner Sign. Banners shall not be used as a freestanding sign or as a component thereof, except in the case of the aforementioned Pole Banner Sign/Street Pole Banner Sign.
 
      2.   Street Pole Banners.
 
Illumination. Illumination of any street pole banner is prohibited.
Area. Each street pole banner shall have a maximum area of eighteen (18) square feet and a maximum width of three feet (3'). Up to two (2) street pole banners are permitted per street pole.
Height. When the street pole banner’s edge is less than eighteen inches (18") from the curb, the lowest edge of the Street Pole Banner shall be at least fourteen feet (14') above the finished grade. When the street pole banner’s edge is greater than eighteen inches (18") from the curb, the lowest edge of the street pole banner shall be at least eight feet (8') above the finished grade.
Location.
   •   No street pole banner shall extend beyond the curb line.
   •   Street pole banners shall maintain a minimum of three foot (3') vertical clearance below any luminaries located on the pole measured from where the ballasts connect to the poles.
   •   Street pole banners shall not interfere with the visibility of traffic signals or signs.
   •   No street pole banner shall be located on a pole that has traffic or pedestrian control signals.
   •   Off-premise street pole banners are permitted within downtown Greenwood on Main Street between U.S. 31 and Polk Street and on Madison Avenue between Smith Valley and Fry Roads.
Materials.
   •   All street pole banners must be made of lightweight and durable fabrics with wind slits. Street pole banners that are frayed, torn, or faded so that they are no longer legible will be deemed unmaintained and will be required to be removed.
 
      3.   Pole Banners.
 
Illumination. Illumination of any pole banner is prohibited.
Area. Each pole banner shall have a maximum area of twenty-four (24) square feet and a maximum width of four feet (4'). Up to two (2) pole banners are permitted per light pole.
Height. The lowest edge of a pole banner shall be at least eight feet (8') above the finished grade.
Location. Pole banners shall maintain a minimum of three foot (3') vertical clearance below any luminaries located on the pole measured from where the ballasts connect to the poles. Pole banners shall not interfere with the visibility of traffic signals or signs.
Materials.
   •   All pole banners must be made of lightweight and durable fabrics with wind slits. Pole banners that are frayed, torn, or faded so that they are no longer legible will be deemed unmaintained and will be required to be removed.
   •   Strip shopping centers may have one (1) pole banner sign permitted per five (5) poles up to a maximum of eight (8) pole banner signs. Such sign shall have a maximum surface area not exceeding twenty-four (24) square feet; except as otherwise permitted below.
 
      4.   Flags.
 
Requirements, Single-Family Districts. Four (4) flags per property shall be permitted at a maximum of twenty-five feet (25') in height. Flag size shall be limited to forty (40) square feet. a) One (1) flag per twenty-five feet (25') of street frontage up to a maximum of ten flags per premises.
Requirements, Non-Residential and Multi-Family Districts. In a non-residential Zone or multi-family residential Zone, one (1) flag per twenty-five feet (25') of street frontage up to a maximum of ten (10) flags per premises. Poles shall be located no closer than ten feet (10') from any right-of-way or private street. Height of poles shall be no more than fifty feet (50'). Flag size shall be limited to ninety-six (96) square feet.
 
   O.   Nonconforming Signs and Modification.
      1.   Signs lawfully in existence on the date the provisions of this section were first advertised, which do not conform to the provisions of this section, but which complied with the applicable regulations at the time they were constructed, erected, affixed or maintained must be regarded as nonconforming.
      2.   All nonconforming signs shall be kept in good repair, safe, neat, clean and attractive condition. In the event signs are not kept in said condition or are demolished by any force whatsoever to the extent of fifty percent (50%) of their surface area or the structure of the sign is destroyed, said signs shall then conform to this section.
      3.   Nonconforming signs which are structurally altered, relocated or replaced shall comply immediately with all provisions of this section. Nothing in this section shall be construed to give a legal status to any sign without a sign permit.
      4.   All illegal signs existing at the time of enactment of this section shall be removed. Illegal signs are those which do not have a valid permit, or do not qualify as nonconforming under prior ordinance, as amended.
   P.   Enforcement. The Planning Director or the Director’s designee is hereby authorized and directed to enforce all the provisions of this section. Upon presentation of proper credentials, the Planning Director and/or his/her duly authorized representative(s) may enter in and upon, at reasonable times, any building, structure, property and/or premises in the City to perform any duty imposed upon him/her by this section.
   Q.   Interpretation. Where there is any ambiguity or dispute concerning the interpretation of this section, the decision of the Planning Director shall prevail, subject to appeal as provided herein.
   R.   Right to Appeal. Any person aggrieved by any decision or order of the Planning Director or the Director’s designee may appeal to the Board of Zoning Appeals. The Planning Director shall take no further action on the matter pending the Board’s decision, except for unsafe signs which present an immediate and serious danger to the public, as provided elsewhere in this section.
   S.   Penalties. Any person who violates this section shall be subject to the enforcement procedures and penalties for civil zoning violations set forth in Division IV. of this Ordinance.
   T.   Civil Remedies. The Board of Zoning Appeals, or any enforcement official designated by this section, may institute a suit for an injunction in the appropriate court of jurisdiction to restrain a person or a governmental unit from violating this section. The Board of Zoning Appeals, the Plan Commission or any designated enforcement official may also institute a suit for mandatory injunction directing an individual or governmental unit to remove a structure erected in violation of this section. A suit for mandatory injunction is an additional remedy which does not preclude any designated enforcement officials from utilizing any and all other statutory remedies available to the City for the enforcement of City ordinances.
   U.   Removal of Sign. The Planning Director may order the removal of any sign erected or maintained in violation of this section. He/she shall give thirty (30) days’ notice in writing to the owner of a permanent sign or place a notice of such violation on the building, structure, property or sign in violation, to remove the sign or to bring it into compliance within thirty (30) days of the notification. He/she shall give a three (3) day notice for temporary or portable signs. The Planning Director or his/her agent may remove a sign immediately and without notice if, in his/her opinion, and with the consent of the Director the Department of Community Development Services, the condition of the sign is such as to present an immediate threat to the safety of the public. Any sign removed by the Planning Director and/or his/her agent, pursuant to the provisions of this section, shall be held by the City for redemption by the owner, unless the sign was removed from the public right-of-way. To redeem, the owner shall pay all costs incurred by the City for removal. Should said sign not be redeemed within thirty (30) days of its removal, it may be disposed of in any manner deemed appropriate by the City. The cost of removal of the sign by the City shall be considered a debt owed to the City by the owner of the sign and owner of the property and may be recovered in an appropriate court action by the City. The cost of removal shall include any and all incidental expenses incurred by the City in connection with the sign’s removal. Signs removed from the public right-of-way shall be considered abandoned and disposed of immediately.
   V.   Maintenance. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition, including landscaping around ground signs which shall be maintained so that the sign may be visible at all times and from all visual angles. Legally established signs, which were either located prior to the requirement for a sign permit or were the subject of a permit and the permit records have been subsequently destroyed, shall also be considered in violation of this provision of the Ordinance and enforcement proceedings may be initiated to compel appropriate maintenance to comply with these requirements.
   W.   Abandoned Signs. A sign, including any accessory sign structure, equipment and lighting fixtures, shall be removed by the owner or lessee of the premises upon which the sign is located when the business is no longer conducted on the premises; unless, however, it is possible to remove only a sign panel (such as in the case of a box sign), then the insertion of a blank, translucent panel shall be considered removal under this section. If the owner or lessee fails to remove it, the Planning Director shall give the owner ten (10) days written notice to remove it (except in the cases of signs abandoned in the public right-of-way which shall be removed and disposed of immediately). Upon failure to comply with this notice, the Planning Director or his/her duly authorized representative may remove the sign at cost to the owner. Where a successor to a defunct business agrees to maintain the sign(s) as provided in this section, this removal requirement shall not apply. The new sign user shall forthwith notify the Planning Director’s office, in writing, of this change. No new sign permit is required, unless the sign is altered or relocated. The Planning Director shall be notified in any matters relating to sign relocations.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
Sec. 10-03-09. Fences and Screens.
   A.   General.
      1.   It shall be the sole responsibility of the property owner to avoid erection of a fence over or within an easement and the City shall have no responsibility or liability for determining the location of an easement or for permitting the erection of a fence within an easement. Furthermore, fences may not encroach into a public right-of-way.
      2.   No fence shall be located within two feet (2') of a public sidewalk.
      3.   Fences must be securely fastened to the ground.
   B.   Materials.
      1.   For residential properties, front yard fences must be decorative in design, or made from wood, brick, iron, or stone, coated chain link, or an approved synthetic material;
      2.   Walls and fences shall be constructed with structural elements (e.g., posts, beams) facing inward (e.g., away from the property line). Walls or fences on a property line in which two (2) or more property owners share in the expense of the wall or fence, shall not be subject to this provision;
      3.   Fences shall not contain an electric charge except when located in the AG zone or on lots containing a commercial agricultural use;
      4.   No fence shall have as part of its design or construction metal prongs or spikes, or barbed wire; provided, however barbed wire may be permitted on the top of chain link fences only in the IM and IL zones; and
      5.    Chain-link fences shall be permitted only within the IM and IL zones and only in rear and side yards. No slat fencing is to be used in conjunction with a chain link fence.
   C.    Height.
      1.   Fence height is measured from the topmost point of the fence to the grade of the ground adjacent to the wall or fence.
      2.   Any portion of a fence that extends along the front lot line, or between the primary structure and the front street which runs parallel to and faces the front of the building, may not exceed four feet (4') in height.
      3.   No fence shall exceed six feet (6') i n height; provided, however within the IM and IL zones, fence heights may not exceed ten feet (10').
   D.   Opacity.
      1.   Fencing in any front yard for a commercial or residential property may not exceed fifty percent (50%) opacity.
   E.   Visibility Triangle.
      1.     No fence erected in any district or zone shall intrude within or interfere with the visibility triangle as described herein.
 
   F.   Screening: Trash Storage and Collection Areas.
      1.     Trash storage and collection areas must be screened by either of the following means:
         a.   A hedge-like screen of coniferous or approved deciduous plant material, capable of providing a minimum height of six feet (6') within three (3) years of planting and full opacity; or
         b.   A solid wood and/or masonry fence shall be installed and maintained at a height of twelve inches (12") above the vertical height of the trash receptacle.
         c.   Trash receptacles and the required screening may not be located in the front yard and may not have chain-link gates.
         d.   Slat enclosure doors are not permitted.
         e.   Enclosures shall be painted or finished in the same paint or finish as the substantial paint and finish on the primary structure.
         f.   Concrete block enclosures are not permitted.
         g.   Trash enclosures shall not be located in a front yard or located within five feet (5') of any property line.
   G.   Screening: Mechanical Equipment.
      1.   Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view with a one hundred percent (100%) opaque screen of the same material as the predominant material of the building with the building and located as not to be visible from any public ways.
      2.   Residential meters are excluded from this requirement.
   H.   Signage not permitted.
      1.   Signage is not permitted on any fencing or screening; provided, however, up to a one (1) foot square foot metal or wood sign may be affixed to a fence.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
Sec. 10-03-10. Outdoor display and storage.
   A.   Applicability. The standards of this section shall apply to new development and expansions of existing spaces as described below:
      1.   Expansion of a structure or use beyond twenty percent (20%) requires that the entire site must be compliant with the standards herein.
      2.   If the expansion is less than twenty percent (20%), then only the expanded part of the use, building or site must be compliant with these standards.
      3.   If only the site, and not the use or building, is expanded by more than twenty percent (20%), then only the site must be compliant with these standards.
      4.   Automobile sales are exempt from the standards of this section; provided, however, that no more than one (1) vehicle may be offered for sale on a property containing a residential use for more than four (4) consecutive weeks each calendar year.
   B.   Display Area. Outdoor display areas shall adhere to the following standards:
 
Standards
Size
Outdoor sales display areas may not exceed thirty percent (30%) of a yard which is located adjacent to a right-of-way and must be directly adjacent to the primary structure.
Landscaping and Screening
A landscaped strip five feet (5') in width shall be maintained at the periphery of the outdoor storage area with at least two (2) rows of plantings in a staggered form at seven foot (7') planting intervals so as to provide room for the planting to grow and spread while also providing adequate screening.
Lighting
Any lighting used to illuminate an outdoor sales display area shall be full cutoff and directed to not illuminate surrounding properties.
Materials
Outdoor storage areas shall be paved with pervious pavers, asphalt or cement. The outdoor storage or display of merchandise, inventory or materials shall not include the use of banners, pennants or strings of pennants.
Location
The outdoor storage or display of merchandise, inventory or materials shall not interfere with parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways.
Screening
All outdoor storage shall be screened from adjacent uses with a wooden or stone fence, or an opaque wall of shrubs the greater of six feet (6') in height or one-half the height of the equipment being screened. This includes outdoor storage facilities and any stored vehicles or equipment being serviced.
 
(Ord. 20-29, § 2, 9-21-20)
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