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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)
(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)
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)
The following regulations shall apply to all gasoline service stations.
(A) There shall be a building setback from all right-of-way lines a distance of not less than 40 feet.
(B) Service stations shall not be constructed closer than 50 feet to any residential district.
(C) The minimum distance between the intersection of right-of-way lines at a corner lot and the driveway to a service station shall be not less than 40 feet.
(D) When two curb openings are giving access to a single street, they shall be separated by an island with a minimum dimension of 25 feet at both the edge of the pavement and the right-of-way line. Curb cuts for driveways shall not be located closer than ten feet to any adjoining property line.
(E) To insure that sufficient room is provided on either side of the pumps without intruding upon sidewalks or on adjoining property, gasoline pumps shall not be located closer than 50 feet from any residential district and 15 feet from any public sidewalk.
(F) Gasoline pumps shall not be located closer than fifteen 15 feet to any street right-of-way line when no sidewalks exist.
(G) A masonry wall or solid fence shall be constructed when service station property abuts property zoned for residential purposes. Such wall shall be not less than five feet in height, except such wall or fence shall be not less than two feet or exceed three and one-half feet in height for that portion within the most restrictive setback requirements. All required yards shall be landscaped and maintained.
(H) Off-street parking shall be as regulated in § 155.59.
(I) Signs shall be as regulated in § 155.62.
(Ord. 10.6, passed 3-17-2009)
(A) This section defines customary home occupations and prescribes the conditions under which such occupations shall be permitted.
(B) A customary home occupation is a gainful occupation or profession conducted by members of a family residing on the premises and conducted entirely on the premises. In connection with a home occupation, no stock in trade shall be displayed outside the structures.
(Ord. 10.6, passed 3-17-2009)
The regulations contained in this section are necessary to govern the operation of certain transitory or seasonal uses, non-permanent in nature that are customarily done for profit and generating a flow of customers.
(A) An application for temporary use permit shall be made to the governing body and shall contain the following information:
(1) A survey or legal description of the property to be used, rented, or leased for a temporary use, including all information necessary to accurately portray the property;
(2) A description of the proposed use; and
(3) Sufficient information to determine the yard requirements, setbacks, sanitary facilities, and availability of parking space to service the proposed use.
(B) The following uses are deemed to be temporary uses and shall also be subject to the specific regulations and time limits which follow, and to the regulations of any district in which such use is located.
(1) Carnival or circus. In any non-residential district, a temporary use permit may be issued for a carnival or circus, but such permit shall be issued for a period not longer than 15 days. Such a use shall set back from all residential districts at a distance of 100 feet or more.
(2) Christmas tree sale. In any non-residential district, a temporary use permit may be issued for the display and open-lot sales of Christmas trees, but such permit shall be issued for a period not longer than 30 days.
(3) Temporary buildings. In any district, a temporary use permit may be issued for a contractor's temporary office and equipment sheds incidental to a construction project. Such office or shed shall not contain sleeping or cooking accommodations. Such permit shall be valid for not more than one year but may be renewed a maximum of two one-year extensions. However, such office or shed shall be removed upon completion of the construction project or upon expiration of the temporary use permit, whichever occurs sooner.
(4) Real estate sales office. In any district a temporary use permit may be issued for a temporary real estate office in an approved new subdivision. Such office shall contain no sleeping or cooking accommodations. Such permit shall be valid for not more than one year, but may be renewed a maximum of three one-year extensions. Such office shall be removed or converted to a conforming use upon completion of the development of the subdivision or upon expiration of the temporary use permit, whichever occurs sooner.
(Ord. 10.6, passed 3-17-2009)
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