§ 7.13 OUTDOOR SALES, DISPLAY AND STORAGE.

   (A)   General provisions.  The following shall apply to all districts whether the use is permitted, conditional, accessory or temporary.

      (1)   Permanent outdoor sales, display, storage of materials, areas for wholesaling, warehousing or distribution operations shall be permitted if they conform to the standards of this section.

      (2)   Approved and documented permanent outdoor display, sales and storage areas shall be permitted uses, tied to the principal use.

      (3)   Outdoor displays shall not be located in any required yards or off-street parking or loading areas.

      (4)   Display areas shall be of concrete, asphaltic pavement or other permanent paving material and shall be maintained in good condition.

      (5)   Approved permanent outdoor display areas can be used at any time and for any duration to display products, seasonal sales and the like; including vending machines, propane tanks and ice machines without the need for another permit when new items are displayed.

      (6)   The maximum area for outdoor sales and display shall not exceed 10% of the principal structure or primary tenant space.

      (7)   Every approved permanent outdoor display area shall be in close proximity to the facade of the principal structure and shall be screened in accordance with the following standards.

      (8)   Lighting shall comply with § 7.15.

   (B)   Types of uses.

      (1)   Refuse containers.  Adequate indoor or outdoor trash/recycling containers shall be required, provided, however, that trash containers exceeding six cubic feet shall be screened according to the provisions of § 7.10 for dumpsters, trash compactors, recycling bins and the like, and be located in association with the principal structure, away from the view of the street and out of the front yard.

      (2)   Outdoor vending.  Vending machines, propane displays and the like shall be located under a covering that is part of the principal structure that may also be enclosed with a knee wall that extends from the principal structure and is topped with transparent fencing.

      (3)   Automobile dealership.  The outdoor display, storage and parking of vehicles for sale shall be allowed, provided that all preparation, repair and maintenance of the vehicles shall be enclosed. Perimeter and interior landscaping standards for parking lots shall apply though plant material may be clustered to maximize display.

      (4)   Industrial uses.  This subsection applies to all zoning districts.

         (a)   All industrial use operations, services and processing shall be conducted within completely enclosed buildings.

         (b)   (1)   All storage of raw, processed or finished materials for industrial use shall take place within completely enclosed buildings.

            (2)   Exemption. The storage of raw, processed or finished materials for industrial use within the ID zoning district may be unenclosed, subject to the screening standards of § 7.8(O)(6).

      (5)   Open air/drive through businesses.  Any establishment where the principal use is a drive-through type of business, or is generally characterized by open-air business operations, shall be subject to the following standards:

         (a)   These business uses shall be screened according to the provisions of § 7.8.

         (b)   These business uses shall be limited to the characteristics customarily associated with that use and no other.

         (c)   Drive through stacking spaces shall be provided in accordance with § 7.5 and Table 7.4: Schedule of Parking Standards.

         (d)   All drive-through establishments shall be subject to site plan review and approval by the Administrator prior to the issuance of any building permits. At a minimum this review shall include off-site and on-site circulation related to the use, including turning movement and compatibility with pedestrian circulation.

      (6)   Storage.  These provisions shall apply in all zoning districts whether the use is permitted, conditional, accessory or temporary.

         (a)   Storage in required yards or right-of-way.

            (1)   Storage of materials which is incidental to a principal use in a nonresidential district shall be permitted, provided that the storage is located within an enclosed structure, or the provisions of § 7.10 are met.

            (2)   No portion of any required yard shall be used for the permanent storage of motor vehicles, storage containers (PODS), semi-tractors, trailers, airplanes, boats, or parts thereof, rubbish, garbage, junk, tent or building materials, except during construction and in accordance with the terms of this ordinance.

            (3)   No storage shall occur within any right-of-way.

            (4)   Permanent storage, for the purpose of this subsection, shall be construed as the presence of the storage for a period of 48 or more consecutive hours in any one-week period.

         (b)   Bulk storage.

            (1)   In any district in which bulk storage is permitted, structures, buildings or above- ground tanks used for bulk storage of flammable or explosive liquids, gases or other materials, shall not be located closer than 50 feet to the property line.

            (2)   The entire premises where the bulk storage is located shall be enclosed within an opaque fence, or equivalent, of not less than six-feet high, except as otherwise required by § 7.10 of this ordinance.

            (3)   Lots containing bulk storage shall be screened according to the provisions of § 7.8.

            (4)   Additional information regarding evidence of safety measures may be required in order to determine the public safety therein.

         (c)   Open storage.  In the event that accessory storage is in the open, the following provisions must be met.

            (1)   The storage shall be accessory to the use of the main building on the lot.

            (2)   The storage shall be located behind the front or exterior wall of the main building facing any street and shall comply with all yard regulations of this ordinance and with § 7.2.

            (3)   The storage shall not cover more than 5% of the lot area or an area in excess of twice the ground floor area of the main building on the lot, whichever is less.

            (4)   The storage shall be screened according to the provisions of § 7.8.

(Ord. 07-16, passed 12-10-2007)

§ 7.14 FENCE AND WALL STANDARDS.

   (A)   General standards.  These standards are applicable to all zoning districts.

      (1)   General requirements.  Fences and walls shall be permitted in all zoning districts upon obtaining a fence permit as per § 9.7. Fences and walls shall be subject to conformance with the following requirements:

         (a)   Structural face.  All fences and walls shall present the non-structural face outward.

         (b)   Drainage.  No fence or wall shall disrupt the flow of water in any drainage easement, or otherwise result in impediments for stormwater runoff. Any fence or wall located in an easement may be removed by the easement holder when accessing the easement.

         (c)   Setbacks.  No fence or wall may be permitted closer than three feet from a property line, except as may be otherwise provided in this ordinance.

            (1)   No fence or wall may be placed in any right-of-way or required sight visibility triangle. See § 7.2.

            (2)   Fences and walls within the easement of a drain, pond and/or lake shall require the approval of Lebanon Utilities and/or the County Surveyor.

            (3)   Fences shall be setback a minimum of 15 feet from the top of bank of a pond in order to provide of emergency access and maintenance.

            (4)   Fences shall only be placed in common areas as part of an approved development plan.

         (d)   Buffer yards.  No fence or wall may be placed in any required buffer yard that does not specifically provide for the inclusion of fences.

         (e)   Materials.  Fences and walls shall be constructed of wood, decorative metal, textured masonry, stone or synthetic materials styled to simulate natural materials.

      (2)   Height exceptions.  Fences specifically required by this ordinance for screening, telecommunications facilities, or other purposes may exceed the maximum heights established by this chapter consistent with the appropriate specific requirements of this ordinance.

      (3)   Height measurement.  The height of a fence shall be determined by measuring from the adjacent grade to the highest point of the fence, excluding fence posts. Fence posts may exceed the maximum height of the fence by up to one foot.

   (B)   Residential fence and wall standards.  These standards are applicable to the SF, SF1, SF2, SF3, TR, MF, MH, CB and NB Zoning Districts.

      (1)   Height requirements.  Fences and walls shall not exceed six feet in height in any side or rear yard or three and one-half feet (42 inches) in height in any front yard.

      (2)   Front yard fences.  Front yard fences shall be at least 50% open. For the purposes of this requirement, the FRONT YARD shall be defined as the area located between an adjacent street and the wall of the principal structure that faces it.

      (3)   Fences used in combination.  Where fences are used in combination with required landscaping on the perimeter of residential subdivisions in designated common area or easement, the landscaping shall be placed on the street side of the fence.

      (4)   Prohibited fences. All electrified, barbed wire, razor wire and stockade fences are prohibited on all non-farm property. Chainlink fences are prohibited in the frontyard in residential districts. In no instance shall this be interpreted as prohibiting the use of invisible fences.

   (C)   Nonresidential fence and wall standards.  These standards are applicable to the CB, NB, PBC, IN, PBO, PBI and ID Zoning Districts.

      (1)   Height requirements.  Fences and walls shall not exceed eight feet in height in rear and side yards.

      (2)   Decorative fences.  Decorative fences constructed of high quality materials such as brick, stone, decorative block, metal or wood not exceeding 48 inches in height and may be located in any frontyard, provided that they are a minimum of 50% open.

      (3)   Landscaping.  Landscaping shall be used to complement the fence.

      (4)   Breaks.  Breaks should be provided by variation in height, columns, recesses and projections. Maximum uninterrupted length of fence plane should be 100 feet.

      (5)   Fences and athletic facilities.  Fences for athletic facilities such as ball diamonds, tennis courts and driving ranges shall be exempt from the height requirements. Chainlink fences in rear and sideyards shall be vinyl-coated.

      (6)   Chainlink fences.  Where chainlink fencing is used to meet screening requirements, it shall be reinforced with a landscape screen a minimum of six feet high.

      (7)   Prohibited fences.  All electrified, barbed wire, razor wire and stockade fences are prohibited on all non-farm property. Uses in the General Industrial District and penal and correctional facilities shall be exempt from this standard.

(Ord. 07-16, passed 12-10-2007; Ord. 2008-07, passed 7-28-2008)

§ 7.15 EXTERIOR LIGHTING STANDARDS.

   (A)   General exterior lighting standards.  These standards are applicable to all new or replaced lighting in all zoning districts.

      (1)   Lighting plan.  A lighting plan shall be required as part of an application for a development plan, secondary plat, PUD or approved detailed plan. The lighting plan shall include the following information:

         (a)   A plan that shows the buildings, landscaping and parking areas with locations of proposed exterior fixtures;

         (b)   A photometric plan;

         (c)   Manufacturer’s catalog cuts; and

         (d)   Proposed mounting height of all exterior features.

      (2)   Mounting height measurement.  For the purposes of this chapter, the mounting height of all light fixtures shall be defined as the vertical distance between the adjacent grade level of the surface being illuminated and the top of the lighting fixture (luminaire).

      (3)   Cutoff.  All freestanding lights and lights mounted on walls or facades shall use cutoff, semi-cutoff or full-cutoff luminaires.

      (4)   Shielding.  All lighting shall be fully shielded with opaque material to prevent direct lighting on streets, alleys and adjacent properties.

      (5)   Use of timers/dimmers.  Wherever practicable, exterior lighting shall include timers, dimmers and/or sensors to reduce overall energy consumption and eliminate unneeded lighting.

      (6)   Light trespass.  Light trespass into the night sky and onto neighboring properties shall be prevented through the use of those techniques as recessed lamps (bulb), horizontally mounted lamps with reflectors, glass, polycarbonate or acrylic refractors, louvered optics and house-side shields.

   Example of Lighting Trespass by Fixture Type

      (7)   Electrical service.  The electrical service to all outdoor lighting fixtures shall be underground, unless the fixtures are mounted directly on buildings or utility poles.

      (8)   Holiday lighting.  Holiday lighting shall be exempt from the provisions of this chapter.

      (9)   Architectural accent lighting. All ground lighting used to cast light on building facades, building features or signs shall have shields to ensure that light does not project beyond the building or sign, and shall utilize the minimum amount of light necessary to light the facade, building feature or sign. The light fixture and bulb shall be shielded from view of any street, sidewalk or parking lot.

   (B)   Residential lighting.  These following standards shall apply to residential uses or zoning districts.

      (1)   The maximum height of light fixtures including the base shall not exceed 15 feet.

      (2)   Light fixtures shall be coordinated and used to enhance the overall design and character of the neighborhood.

      (3)   Light levels shall not exceed three-tenths footcandles at the property line. Facial identification is possible at five-tenths footcandles.

      (4)   In the absence of residential street lighting, yard post or wall-mounted dusk-to-dawn coach lights shall be provided on each residence.

   (C)   Commercial lighting.  Street and parking lot lighting shall be part of the overall design concept and addressed as part of the development plan. The requirements are as follows.

      (1)   Uniformity.  Lights shall be arranged in order to provide uniform illumination throughout the parking lot.

      (2)   Levels.  The average maximum maintained illumination shall be three footcandles. The maximum footcandles at the property line shall not exceed five-tenths footcandles. If adjacent to residential district or use, the light level shall not exceed three-tenths footcandles at the property line. If adjacent to an intersection of two public rights-of-way, or at the intersection of a private entrance drive and a public right-of-way, the illumination may be an average maximum of six-tenths footcandles at the property line for up to 75 feet from the intersection right-of-way.

      (3)   Shielding.  Lights shall be placed and employ shields as to avoid glare and direct illumination away from adjacent properties or streets.

      (4)   Placement.  Lighting shall be considered for entrances, drive aisles, parking lots, pedestrian areas and to highlight the building.

      (5)   Lighting fixtures.  All lighting fixtures providing illumination shall be full cutoff, cutoff or semi-cutoff fixtures (most to least restrictive) and directed downward at ground level. All luminaires with these features comply with “dark sky” recommendations for exterior lighting. Refer to Illumination Engineering Society of North America (IESNA) guidelines.

      (6)   Maximum mounting height.  The maximum mounting height for street and parking lot light fixtures shall be 24 feet in multifamily residential, institutional and commercial zoning districts; and 30 feet in all industrial zoning districts.

   (D)   Illuminated canopy requirements.  Lighting levels under canopies for gas stations, convenience stores, drive-up banking centers and similar locations shall be adequate to facilitate the activities taking place on the property, and shall not be used for the purpose of illuminating signs. This lighting shall conform with the following requirements.

      (1)   All light fixtures mounted on the canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy.

      (2)   The lighting of the canopy shall use indirect lighting through which light is beamed upward and then reflected down from the underside of the canopy by light fixtures that are shielded so that illumination is focused exclusively on the underside of the canopy.

      (3)   The minimum illumination under canopies shall not exceed five footcandles at grade level, and the average maintained illumination shall not exceed 30 footcandles.

      (4)   Lights shall not be mounted on the top or sides of any canopy and the sides of the canopy shall not be illuminated. In no instances shall this be interpreted as prohibiting the placement of signs on the canopy which are illuminated consistent with the standards for sign illumination in this chapter.

      (5)   Lighting for drive-through bays used for car wash, oil change or similar must be fully shielded as if located outside.

   (E)   Lighting of exterior display/sales areas. Lighting levels on exterior display/sales areas shall be adequate to facilitate the activities taking place in these locations. This lighting shall conform with the following requirements.

      (1)   Lighting fixtures.  All lighting fixtures used to illuminate exterior display/sales areas shall be cutoff, semi-cutoff or full cutoff fixtures (luminaires) focused directly downward onto the display/sales area. The light fixtures shall be located, mounted, aimed and shielded so that direct light is not cast onto adjacent streets or properties.

      (2)   Fixture location.  All lighting fixtures and mounting poles shall be located within the areas being illuminated.

      (3)   Light levels.  The average horizontal illumination at grade level shall not exceed five footcandles on average and minimum illumination shall not exceed a four to one ratio.

   (F)   Lighting of outdoor athletic/performance facilities.  Lighting for all outdoor athletic and performance facilities and events shall provide adequate light for the event or facility while minimizing light pollution and the illumination of adjacent streets and properties.

      (1)   Play/performance area lighting.  Lighting fixtures for the playing fields and/or performance areas shall be specifically mounted and aimed so that their beams fall directly within the play/performance area and its immediate surroundings and does not spill onto adjacent streets or properties.

      (2)   Dual lighting system.  The use of spotlights and/or floodlights to illuminate the play/performance area shall be permitted. However, each facility shall be designed and constructed with a dual lighting system which permits the main lighting for the event (spotlighting, floodlighting and the like) to be turned off, with an alternate low level lighting system used for clean-up, night maintenance and other activities.

      (3)   Certified.  Limits on light trespass as stated above apply to outdoor facilities. Every lighting system design and installation of this type shall be certified by a registered engineer as conforming to all applicable restrictions of this ordinance.

      (4)   Maximum levels.  Maximum levels of illumination shall not exceed 40 footcandles.

      (5)   Exemptions.  Outdoor athletic fields and courts established as accessory uses to single and two-family residences shall be exempt from these requirements.

   (G)   Security lighting.  Security lighting shall be coordinated with other lighting on the property to the extent possible and shall otherwise conform with the following requirements.

      (1)   Nonresidential lighting fixtures.  All security lighting in nonresidential areas shall be shielded and specifically aimed so that illumination is directed only to the intended area. The light source for any security lighting shall include shields that prevent their light source or lens from being visible from adjacent properties and/or streets.

      (2)   Residential lighting fixtures.  Security lighting fixtures in residential areas shall make use of indirect and reflected lighting techniques to provide soft lighting under canopies, entry porches or soffits.

   (H)   Lighting of building facades or other vertical structures.  Building facades or other structures may be illuminated, subject to the following requirements.

      (1)   Lighting fixtures.  Lighting fixtures shall be located, aimed and shielded so that light is directed only onto the building facade. Lighting fixtures shall not be directed toward adjacent streets or roads.

      (2)   Lighting direction.  Lighting fixtures shall be designed to wash the facade of the building with light (rather than providing a spot or floodlight affect) and may be directed upward or downward onto the facade. Exterior facade lighting shall be contained on the building facade or in the landscape areas adjacent to the building and shall focus on entries and architectural features.

      (3)   Upward lighting.  If upward lighting is used to illuminate flags, only spotlights shall be used; floodlights directed above the horizontal shall not be used to illuminate a flag.

   (I)   Illuminated signs.

      (1)   External illumination.  External lighting fixtures illuminating signs shall be located, aimed and shielded so that light is directed onto only the sign face, with minimal light spillage. Lighting fixtures shall not be aimed toward adjacent streets, roads or properties.

      (2)   Internal illumination.  Internally illuminated signs constructed with an opaque background and lighter contrasting text or symbols are preferred. When within 600 feet of a residential use or district, the average level of illumination on the vertical surface of the sign shall not exceed three luces.

(Ord. 07-16, passed 12-10-2007)