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§ 155.58 YARD, BUILDING SETBACK, AND OPEN SPACE EXCEPTIONS.
   The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in §§ 155.30 through 155.39.
   (A)   The following regulations provide for the maximum safety of persons using sidewalks and streets, and for the maximum enjoyment of the use of property.
      (1)   Except in districts allowing the construction of buildings or structures to the property line, there shall be provided an unobstructed view across the triangle formed by joining points measured 20 feet along the property line from the intersection of two streets or 15 feet along both the street and alley line from the intersection of a street an alley. Within said triangle there shall be no sight obscuring or partly obscuring walls, fence, or foliage higher than 30 inches above grade, or in the case of trees, foliage lower than eight feet. Vertical measurement shall be made at the top of the curb on the street or alley adjacent to the nearest side of the triangle or if no curb exists, from the edge of the nearest traveled way. This provision does not apply to chain link fences, on which no obstructions are attached thereto.
      (2)   In any required front yard, except as provided in division (A)(1) above, no fence, wall, hedge, or yard ornament shall be permitted which materially impedes vision across such yard above the height of five feet. This does not include single ornamental bushes and shrubs.
      (3)   Trimming of trees required - city trimming at owner's expense. The occupant of any private premises or the owner of the same if not occupied, abutting on any public street, road, or alley within the town shall keep all trees standing upon such premises or between the same and the center of the adjoining street, road or alley so trimmed that no bough or branch thereof shall be lower than 12 feet above the surface of the street, road, or alley, or eight feet above the surface of any sidewalk thereon, and shall keep all such trees trimmed so that no trunk, limb, or branch thereof shall be in any way or at any time interfere with the movement of delivery, maintenance, garbage disposal, and emergency service vehicles, or come in contact with any street lighting, power, or other electrically charged wire when such wires are lawfully strung on posts located on any public street, road, or alley, or between the lot lines and curb of any street. Said occupants or owners shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public, and shall trim any tree or shrub which interferes with visibility of any traffic control device or signs; provided that upon the failure of any occupant or owner to trim such trees as in this section provided, the Director of Streets and Public Property of the town shall have the authority to remove them or cause them to be removed under his or her supervision, whether such trees be growing on privately owned property or on public property. The Director may cause the same to be trimmed and the expense charged to the occupant or owner of such property.
   (B)   The purpose here is to clarify certain conditions pertaining to the use of lots and access points:
      (1)   Dwellings on small lots. Where there are existing recorded lots which do not meet the minimum lot area requirement and are under separate ownership, single-family dwellings may be constructed as long as a side yard shall be not less than four feet and the arm of the side yards shall be not less than 12 feet, and as long as all other requirements, except lot size, are met.
      (2)   Principal uses without building. Where a permitted use of land involves no structures, such use, excluding agricultural uses, shall nonetheless comply with all yards and minimum lot area requirements applicable to the district in which located, as well as obtain any other license or permit applicable to that particular use.
      (3)   No dwelling shall be erected on a lot which does not abut on at least one street for at least 25 feet. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress.
(Ord. 10.6, passed 3-17-2009; Ord. passed 1-8-2019)
§ 155.59 MINIMUM OFF-STREET PARKING REQUIREMENTS.
   (A)   Off-street parking. In all districts, except the Commercial District, there shall be provided at any time any building or structure is erected or enlarged or increased in capacity, off-street parking space for automobiles in accordance with the following requirements.
      (1)   Off-street parking for other than residential use shall be either on the same lot or within 200 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot, without crossing any major thoroughfare; provided however, churches may establish joint parking facilities not to exceed 50% of the required spaces, with institutions and agencies that do not have a time conflict in parking demand. The joint parking facilities shall be located no further than 400 feet from the church sanctuary.
      (2)   Residential off-street parking space shall consist of parking lot, driveway, garage, or combination thereof, and shall be located on the lot they are intended to serve.
      (3)   For uses not specifically mentioned herein, off-street parking requirements shall be interpreted by the governing body.
      (4)   Any area once designated as required off-street parking shall not be changed to any other use unless and until facilities are provided elsewhere.
      (5)   Off-street parking existing at the effective date of these regulations in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.
      (6)   Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall be not less than the sum of the requirements for the several individual uses computed separately.
      (7)   The required off-street parking shall be for occupants, employees, visitors, and patrons, and shall be limited in use to motor vehicles. The storage of merchandise, motor vehicles for sale, or the repair of vehicles on such parking area is prohibited.
      (8)   Every company car, truck, tractor, and trailer normally stored at the plant site shall be provided with off-street parking space in an area reserved for the use as determined by the governing body.
      (9)   In the case of dual functioning of off-street parking where operating hours do not overlap, the governing body may grant an exception.
      (10)   The minimum number of off-street parking spaces shall be determined in accordance with division (B).
   (B)   Parking spaces required.
Table of Parking Spaces Required
Use
Parking Spaces Required
Table of Parking Spaces Required
Use
Parking Spaces Required
Automobile wrecking, junk, or salvage
1 space for each 2 employees, plus 1 yard which offers for sale to the public 1 space for each 10,000 square feet new or used merchandise of lot area, or 2 spaces for each 100 square feet of floor area, whichever is greater
Banks, business or professional offices
1 per 300 square feet of usable floor area, plus 1 per each 1.5 employees
Barber shops or beauty parlors
2 per barber or beauty shop chair
Boarding or rooming houses
1 space for each 3 boarders, 1 accommodation for each 2 guests provided overnight
Bowling alleys
5 per alley
Churches
1 per 4 seats; or 1 per 30 square feet of usable floor area of auditorium, whichever is greater
Commercial or trade schools
1 per 3 students plus 2 per 3 employees
Country clubs
1 per 5 members
Dormitories, fraternity or sorority
1 per each 3 permanent residents
Dwellings (multiple-family)
2 spaces per dwelling unit for the first 20 units, plus 1 space for each dwelling unit exceeding 20 units
Dwellings (single-family)
2 per dwelling
Establishments for sale and consumption on the premises of beverages, food, or refreshments
1 per 3 employees plus 1 per 100 square feet of usable floor space, or 1 per 3 fixed seats, whichever is greater
Gasoline service stations
1 parking space for each employee, plus 2 spaces for each service bay
Governmental office buildings
1 per 300 square feet of usable floor area, plus 1 per each 3 employees. Every governmental vehicle shall be provided with a reserved off- street parking space
Homes for the aged, sanitariums, nursing homes
1 space for each 4 patient beds, plus convalescent or 1 space for each staff doctor, plus 1 space for each 2 employees, including nurses
Hospitals
1 per 3 patient beds, exclusive of bassinets, plus 1 space for each 2 employees including nurses on the maximum working shift, plus adequate area for parking emergency vehicles
Hotels
1 per 2 rooms or suites, plus 2 per 3 employees
Industrial establishments
1.5 per 3 employees on the combined 2 largest successive shifts, plus adequate parking spaces for customer and visitor vehicles as determined by the governing body
Libraries
1 for each 400 square feet of floor space
Medical clinics
3 patient parking spaces per staff doctor, plus 2 per 3 employees
Mortuaries or funeral parlors
5 spaces per parlor or chapel unit, or 1 per 4 seats, whichever is greater
Motels and tourist courts
1 per guest bedroom
Private clubs, lodges, or union headquarters
1 per 3 members based on the design capacity of the facility
Retail stores, supermarkets, department service establishments, except as otherwise specified herein
1 per 100 square feet of retail floor space
Schools
   Elementary, junior high, and the equivalent private or parochial schools
2 spaces per 3 teachers and employees, and employees normally engaged in or about the building or grounds; plus 1 space for each 150 square feet of seating area including aisles, in any auditorium
   Senior high schools and the equivalent private or parochial schools
2 spaces per 3 teachers and employees normally engaged in or about the building or grounds; plus 1 space per 5 students, or 1 space for each 150 square feet of seating area, including aisles, in any auditorium, gymnasium, or cafeteria intended to be used as an auditorium, whichever is greater
   Kindergartens, day schools, and the equivalent private or parochial schools
2 parking spaces per 3 teachers and employees normally engaged in or about the building or grounds, plus 1 off-street loading space per 8 pupils
Shopping centers
There shall be a ratio of 4 square feet of parking (including driveways required for ingress and egress and circulation) to each 1 square foot of store area
Stadiums and sports
1 per 4 seats or 12 feet of benches
Swimming pools
1 per 30 square feet of water area
Theaters, auditoriums, and places of assembly with fixed seats
1 per 3 seats
Theaters, auditoriums. and places of assembly without fixed seats
1 per 3 people based on the design capacity of the structure
Wholesale establishments
1 for every 50 square feet of business service or customer service area, plus 2 per 3 employees based on the design capacity of the largest shift
 
   (C)   Off-street parking lot layout, construction, and maintenance. Wherever the required off-street parking requires the building of a parking lot, and wherever a parking lot is built, such parking lot shall be laid out, constructed, and maintained in accordance with the following regulations.
      (1)   Except for parcels of land devoted to one and two family uses, all areas devoted to off-street parking shall be so designed and be of such size that no vehicle is required to back into a public street to obtain egress.
      (2)   Each parking space shall be not less than 200 square feet in area and shall be a definitely designated stall adequate for one motor vehicle.
      (3)   In any determination of parking requirements as set forth in this section, where the resultant figure contains a fraction, any fraction less than one-half may be dropped and any fraction of one-half or more shall be counted as one parking space.
      (4)   All areas devoted to permanent off-street parking as required under this section shall be of such construction and maintained in such a manner that no dust will result from continuous use.
      (5)   The parking lot shall be drained to eliminate surface water.
      (6)   Where the parking lot abuts side lot lines of a residential district, there shall be established a setback of five feet from such side lot line unless vehicles are restrained by physical barrier from entering contagious residential lots.
      (7)   Where the parking lot is contiguous to a residential district which has common frontage in the same block with the parking lot, there shall be established a setback line of ten feet from the street lot line. See § 155.58 for further information.
      (8)   Where the parking lot lies across the street and opposite a residential district, wherein the lots front on such street, there shall be established a setback line ten feet from the street lot line. See § 155.58 for further information.
      (9)   Where the parking lot abuts rear property lines of a residential district, there shall be established a setback line five feet from the rear lot line unless vehicles are restrained by physical barrier from entering contiguous residential lots.
      (10)   Where parking is to be provided in the front yard of a multiple family dwelling, there shall be established a setback line ten feet from the street lot line. The land between the setback line and the lot line in a parking lot is, for the purpose of this chapter, called a buffer strip. The ground in the front buffer strip shall be prepared and shall be planted with trees, shrubs, and grass.
      (11)   Plans for the layout of a parking lot must be approved by the governing body based on design standards approved by the Institute of Traffic Engineers.
      (12)   The governing body shall have the authority to approve off-street parking in any district which is more restrictive than that required for the major land use it is intended to serve subject to the preceding conditions. The following conditions shall also apply:
         (a)   The parking lot shall not have access from the more restrictive districts;
         (b)   All sides of the lot, except those openings for ingress and egress, shall be enclosed with an opaque ornamental fence, wall, or dense evergreen hedge, having a height of not less than five feet nor more than six feet. Such fence, wall, or hedge shall be maintained in good condition. Bumper stops shall be provided so as to prevent any vehicle from projecting over the buffer strip;
         (c)   The intensity of light and arrangement of reflectors shall be such as not to interfere with residential districts; and
         (d)   No sign of any kind shall be erected except information signs used to guide traffic and to state the conditions and terms of the use of the lot. Only non-intermittent white lighting of signs shall be permitted.
   (D)   Ingress and egress. The number of vehicular access driveways permitted on any single street frontage shall be limited to:
      (1)   One driveway where the parcel to be used has a maximum street frontage of at least 100 feet;
      (2)   Two driveways where the street frontage exceeds 100 feet upon application approval; and
      (3)   Driveways used for ingress and egress shall be limited to 25 feet in width, exclusive of curb returns.
(Ord. 10.6, passed 3-17-2009; Ord. passed 5-22-2019)
§ 155.60 STORAGE AND PARKING OF TRAILERS AND COMMERCIAL VEHICLES.
   Commercial vehicles and trailers shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions.
   (A)   Not more than one commercial vehicle per family living on the premises shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline, hazardous chemicals, radioactive materials, or liquefied petroleum products be permitted.
   (B)   No semi may park on any city right-of-way.
(Ord. 10.6, passed 3-17-2009)
§ 155.61 MINIMUM OFF-STREET LOADING AND UNLOADING REQUIREMENTS.
   (A)   In all districts, and on the same premises with every building, structure, or part thereof, erected and occupied for manufacturing, storage warehouse goods, display, a department store, a wholesale store, a market, a hotel, a hospital, or other uses similarly involving the receipt or distributions of vehicles or material or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading.
   (B)   Minimum off-street loading and unloading spaces shall be provided as follows:
      (1)   One off-street loading and unloading space shall be provided for buildings up to and including 20,000 square feet of floor area, plus one additional off-street loading and unloading space for each additional 20,000 square feet of floor area up to and including 100,000 square feet;
      (2)   There shall be provided an additional off-street loading and unloading space for each additional 40,000 square feet of floor area in excess over 100,000 square feet; and
      (3)   Where trailer trucks are involved, such loading and unloading spaces shall be an area 12 feet by 75 feet with a 14-foot height clearance, and shall be designated with appropriate means of truck access to a street or alley as well as adequate maneuvering area.
(Ord. 10.6, passed 3-17-2009)
§ 155.62 SIGNS, BILLBOARDS, AND OTHER ADVERTISING STRUCTURES.
   These conditions are established as a reasonable and impartial method of regulating advertising structures in order to insure safe construction, light, air, and open space, to reduce hazards at intersections, to prevent the accumulation of trash, to preclude the establishment of structures which would afford hiding places for immoral or criminal activities, and to protect property values of the entire community. The regulations for signs, billboards, and other advertising structures are indicated below.
   (A)   In any zoning district where signs are permitted, the following general regulations shall apply.
      (1)   No sign shall be erected or maintained at any location where by reason of its position, wording, illumination, size, shape, or color it may obstruct, impair, obscure, interfere with the view of, or be confused with any authorized traffic control sign, signal, or device. No sign shall be erected in any position where it obstructs or physically interferes with the driver's view of approaching, merging, or intersecting traffic.
      (2)   No sign shall contain or make use of any word, phrase, symbol, shape, form, or character in such manner as to interfere with, mislead, or confuse traffic.
      (3)   No sign having flashing, intermittent, or animated illumination shall be permitted within 300 feet of property in a residential district unless such sign is not visible from such property. Off- premises signs located adjacent to interstate and primary highways shall not contain, include, or be illuminated by any flashing, intermittent, or moving light or lights; except those giving public service information such as time, temperature, weather, or similar information. All such signs shall be effectively shielded to prevent any light from being directed onto the highway and shall not be of such brilliance or intensity as to cause glare on the highway or in any way impair the driver's vision or otherwise interfere with the safe operation of any vehicle.
      (4)   No illuminated sign shall be permitted within 50 feet of property in any residential district unless the illumination of such sign is so designed that it does not shine or reflect light onto such property.
      (5)   No billboard or ground sign shall be erected to exceed 35 feet above the ground level or 50 feet in length. The bottom coping of every ground sign shall be at least three feet above the ground or street level.
      (6)   No roof sign shall be at any point over 24 feet above the roof level. Roof signs shall not exceed the height limit of the zoning district.
      (7)   No part of any wall or projecting sign that is attached to a building shall be erected to a height greater than such building, unless the building and sign are architecturally integrated and designed as a unit.
      (8)   Permanent billboards and other similar outdoor advertising structure shall be erected or placed in conformity with the side and rear yard requirements of the district in which located. However, no permanent billboard shall be erected or placed closer than within 100 feet of any residential district. Off- premise signs located adjacent to interstate, national highway system, or primary highways shall be spaced not less than 100 feet apart. However, this limitation does not apply to signs that are separated by buildings or other obstructions in such a manner that only one sign surface within the above spacing stance is visible from the highway at any one time. All signs located adjacent to interstate, national highway system, or primary highways shall conform to all state and federal billboard regulations.
      (9)   No advertising sign shall be located in any area designated by the governing body as one of scenic beauty or historical interest.
      (10)   No building walls shall be used for display of advertising, except that pertinent to the use on the premises.
      (11)   Temporary signs shall not be erected or otherwise fixed to any permanent pole, tree, stone, fence, building, structure, or any object within the right-of-way of any street. No temporary sign shall be erected at the intersection of, or within, any street in such a manner as to obstruct free and clear vision, or be confused with any authorized traffic sign, signal, or device. Temporary signs may be erected or posted for a period not to exceed 30 days. Any sign posted for a longer period must meet the requirements for permanent signs. No temporary sign shall exceed 32 square feet in area.
      (12)   A temporary sign shall not be suspended across public streets or other public places, except as permitted by the governing body.
      (13)   No permanent sign shall be placed in any public right-of-way except publicly owned signs, such as traffic control signs and directional signs.
      (14)   Signs erected and overhanging any sidewalk must be placed at least nine feet above the sidewalk and may extend over the sidewalk a distance equal to two-thirds the width of the sidewalk, but in no case exceeding ten feet. This regulation does not imply any authority to grant the use of the public domain for private advertising.
      (15)   Pole signs shall not be over 30 square feet in area and shall be located not closer then ten feet to any street right-of-way line, and five feet from any other property line.
      (16)   Professional signs for home occupations, where permitted, shall not exceed two square feet in area provided such sign is either a wall or ground sign located not closer than five feet to the street right-of-way line.
      (17)   The area of a sign shall be determined by the smallest circle, triangle, or rectangle that can be used to enclose the sign, exclusive to supporting members that bear no message. A sign designed to be viewed from two opposite directions shall be considered as one sign, provided that the two sign faces shall not be more than two feet apart if parallel, nor form an angle of more than 90° if angular. Where more than one sign is permitted on a lot, the net sign area shall be the sum of those signs designed to be viewed from one direction, and such signs shall not be less than 20 feet apart.
   (B)   Public parks and recreation areas. The following regulations shall apply in public parks and recreation areas.
      (1)   For historical monuments, structures, public parks, and/or playgrounds, information signs may be displayed but the total area of each sign shall not exceed nine square feet, and signs may have indirect lighting.
      (2)   Flashing lights or intermittent illuminations are prohibited.
   (C)   Residential districts. In residential districts, the following regulations shall apply.
      (1)   Single-family, two-family, and multi-family dwellings. Nameplates not to exceed two square feet in area, shall be permitted for each dwelling unit; such nameplates shall indicate nothing other than name and/or address of the occupants, premises, announcement of boarders or customary home occupation.
      (2)   Multiple-family and group dwellings. Identification signs, not to exceed nine square feet in area, shall be permitted; such sign shall be attached flush with the principal building and may have indirect illumination.
      (3)   Announcement of church, school, or public building. Bulletin boards of identification signs, not to exceed 20 square feet in area, shall be permitted; such bulletin boards or identification signs shall indicate nothing other than name and/or address of the premises, and schedule of services or other information relevant to the operation of the premises. Such sign shall be located not less than one-half the required setbacks and may have indirect illumination.
      (4)   Only one sign per street frontage shall be permitted.
      (5)   Flashing lights or intermittent illumination are prohibited.
      (6)   Billboards and other advertising structure are prohibited.
   (D)   Commercial and General Industrial Districts. In the Commercial (CO), and General Industrial (GI) Districts, the following regulations shall apply.
      (1)   Public recreation uses, community facilities, hospitals, and clinics. Bulletin boards or identification signs shall not exceed 20 feet in area.
      (2)   Gasoline service stations. Two pole signs not exceeding 200 square feet each in surface area and not exceeding 35 feet above ground level. Other business signs, the aggregate area of which does not exceed two square feet for each one lineal foot of lot adjoining a public street.
      (3)   For other permitted principal uses, business signs shall be permitted as incidental uses, not to exceed the number of signs nor to exceed the net area for all such signs permitted as follows: business signs not to exceed two square feet of surface for each one lineal foot of lot fronting on a public street, but in no case shall the surface area be limited to less than 50 square feet. All signs shall be mounted either on buildings or on sign display devices affixed permanently to the ground.
   (E)   In any district, the following signs shall be permitted.
      (1)   For each permitted or required parking area that has a capacity of more than four cars, one non-illuminating sign, not more than two square feet in area, designating each entrance to or exit from such parking area; and one non-illuminated sign, not more than 90 square feet in area, identifying or designating the conditions of use of such parking area.
      (2)   One non-illuminated "for sale" or "for rent" sign not exceeding four square feet in area and advertising the sale, rental, or lease of the premises on which the sign is located. A larger sign shall be permitted for two or more lots in single ownership or for properties in excess of 100 feet in width, provided that the area of such sign shall be increased on a graded scale of one square foot increase in area for each additional five feet of frontage over 100 feet, but in no case shall the sign exceed in the aggregate 200 square feet. Such sign shall be a ground or wall sign and located not closer than 20 feet from the street line.
      (3)   For each real estate subdivision that has been approved, one sign, not over 100 square feet in area, advertising the sale of property in such subdivision. Such sign shall be permitted only when located on some portion of the subdivision being advertised for sale and shall not encroach upon any required yard. Such sign may be illuminated, but no flashing, intermittent, or animated illumination is permitted. Such sign shall be maintained only during such time as some portion of the land is unsold.
      (4)   For construction or on development of a lot, one sign, not more than 12 square feet in area, giving the names of contractors, engineers, or architects, but only during the time that construction or development is actively underway.
      (5)   One sign, not more than four square feet in area, pertaining to the sale of agricultural products raised on the premises, except no sign of this type in areas zoned R1 or R2.
      (6)   Signs established by, or by order of, any governmental agency.
      (7)   For special events of public interest, one sign, not over 32 square feet in area and located upon the site of the event. Such sign shall not be erected more than 30 days before the event in question and shall be removed within 24 hours following such event. Also directional signs, not more than three square feet in area, showing only a directional arrow and the name of the event of public interest. Such sign shall not be erected more than ten days before the event in question and shall be removed within 24 hours following such event.
   (F)   Unsafe and unlawful signs. The following regulations shall apply to unsafe and unlawful signs and for the maintenance of signs. Whenever it shall appear to the governing body that any sign has been constructed or erected or is being maintained in violation of the terms of this section, or is unsafe or insecure, such sign shall either be made to conform with all sign regulations as provided by this section or shall be removed within ten days after written notification from the governing body. Such sign shall be made to conform or shall be removed by, and at the expense of, the owner or lessee thereof.
(Ord. 10.6, passed 3-17-2009; Ord. passed 11-13-2009)
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