Loading...
All farm operations currently in existence that are under ten acres in size will be permitted to continue operation subject to the following conditions:
(A) Farming operations of less than ten acres, excepting commercial feed lots, are nonconforming uses in the district in which an existing operation is located, provided that any new building in which farm animals are kept shall be a distance of 100 feet or more from any other lot in any residential district.
(1) If the property currently has farm animals, it can continue to have farm animals under the nonconforming use ordinance.
(2) If the property is used only for crops, farm animals will not be allowed. The property is allowed to crop rotate and maintain crops as a nonconforming use.
(B) Limited sales of products produced may be conducted on the premises from a roadside stand, but the stand shall not exceed 12 feet in height or 500 square feet in floor area, and no portion of any stand shall be located or erected nearer than 40 feet from any street right-of-way.
(C) The city may require any farm operation to secure a conditional use permit to continue operation in the event the farming operations are so intensive as to constitute a feed lot or an industrial type use consisting of the compounding, processing, and packaging of products for wholesale or retail trade.
(D) Nothing in this chapter shall be deemed to prevent the restoring to a safe condition any building or part thereof declared unsafe by the official charged with protecting the public safety, upon order of that official.
(Ord. 134/94, passed 3-24-94; Am. Ord. 483, passed 6-16-21) Penalty, see § 10.99
SIGNS AND BILLBOARDS
(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMATED SIGN. A sign which includes action or motion.
BILLBOARD. A sign erected for the purpose of advertising a product, event, service, person or subject which is not entirely related to the premises on which the sign is located.
FLASHING SIGN. An illuminated sign which contains flashing lights or has notable changes in light intensity.
POLITICAL SIGN. A sign which includes the name or picture of an individual seeking election or appointment to public office, or pertaining to a forthcoming public election or referendum, or pertaining to or advocating political view or policies, which is erected on private property by a bona fide candidate for political office or by a person or group supporting such a candidate and which contains the name and address of the person or group responsible for the erection and removal of the sign.
REAL ESTATE SIGN. A sign pertaining to the sale, lease, or rental of the real estate upon which it is located.
SIGN. Any structure, device, advertisement, or visual representation intended to visually advertise, identify, or communicate information, or to visually attract the attention of the public for any purpose, unless located within a building and not visible from the exterior of the building, including any beacon or search light intended to attract the attention of the public for any purpose, and any structure or device the primary purpose of which is to illuminate, animate, or project a visual representation, but excluding official notices issued by any court or government body, notices posted by a public official in the performance of official duties, or traffic-control SIGNS established under governmental authority.
ZONED OR ZONING DISTRICTS. The zoning classification of a particular piece of property according to the comprehensive Zoning Map of the city.
(B) City Council. All appeals, permit authorizations, special exceptions, and variances as well as public welfare concerns such as determinations as required by § 156.135(G) shall be acted upon and determined solely by the Council.
(Ord. 310, passed 2-18-93)
A sign permit is necessary prior to the installation or remodeling of any sign, except those signs set forth in § 156.132 below. Application for a permit shall be submitted on a form to be provided by the City Building Inspector. All permit applications shall be accompanied by payment of a sign permit fee to the city in an amount designated in Chapter 34 of this code, which fee is in addition to any required building permit fee. The City Council may from time to time change the amount of the sign permit fee.
(Ord. 310, passed 2-18-93; Am. Ord. 453, passed 7-18-19)
The following described signs are permitted without a sign permit:
(A) A temporary real estate or construction sign not exceeding eight square feet is permitted on property being sold, leased, or developed. These signs shall be removed when the property is sold, developed, or occupied. In B-1 zones, a temporary real estate sale/lease or construction sign may be permitted which sign shall not exceed two feet by two feet in size. All signs of this type shall be removed from the premises within 60 days following completion of the sale, lease, or construction.
(B) All non-commercial signs of any size may be posted from August 1 in a state general election year until 10 days following the state general election, from 30 days before the special election to 10 days after a special election.
(C) Special events temporary signs for non-profit organizations are permitted which are temporary displays which are erected to celebrate, commemorate, or observe a civil or religious holiday. These signs shall be removed from the premises within ten days following completion of the special event. The special event signs shall not exceed four feet by eight feet in size.
(1) Special events temporary signs shall not be erected more than 90 days before the date of the special event; an extension of this time limit may be obtained only by variance.
(2) Public portable signs may be erected by the city and/or a non-profit corporation to advertise community-interest events and which public portable signs shall be placed upon public property. All public portable signs shall not be erected more than seven days before the date of the special event and shall be promptly removed following the event.
(D) In residential areas, one sign per single lot advertising a garage sale is permitted if the sign meets the following qualifications:
(1) The sale is not part of or used in connection with a commercial enterprise;
(2) The sign may not be larger than four square feet;
(3) The sign must be removed within 72 hours of the time when it is erected;
(4) No sign shall be affixed or in any way attached to a tree or shrub nor to any city street or avenue sign or post; and
(5) In addition, no garage sale sign shall be permitted to be publicly displayed more than one consecutive 72-hour period during any consecutive four-month period.
(E) Identification signs for one or two family dwellings are permitted, provided that these signs are less than two square feet in area.
(F) Pedestrian, vehicular traffic, and parking directional signs in parking lots are permitted, provided that these signs are less than nine square feet in area.
(G) Traffic-control signs, non-commercial governmental signs, railroad crossing signs, and temporary non-advertising safety or emergency signs are permitted.
(H) Temporary signs are permitted which shall not exceed 40 feet in total square footage, are not placed on the principal business building, and shall not be placed, whether in the initial placement and/or a changed placement on the premises, more than 90 days per consecutive 12-month period.
(I) In B-1, B-2 or I-1, temporary banners including and up to three feather flag banners are permitted which shall not exceed a total of 120 square feet in size, shall be secured in a manner so as to not flap nor flutter nor cause audible noise, and shall not be in place, whether in the initial placement and/or a changed placement on the premises, for more than 90 days per consecutive 12-month period.
(Ord. 310, passed 2-18-93; Am. Ord. 453, passed 7-18-19)
Penalty, see § 10.99
(A) Bulletin boards not exceeding 32 square feet used in connection with any church, school, or similar public building, are permitted.
(B) Except in areas zoned R-1, R-2, and R-3, business signs shall be permitted if they meet the following requirements:
(1) Signs shall not contain information or advertising for any product not sold on the premises.
(2) Signs shall not have a combined aggregate surface size greater than five square feet for each foot of width of the principal structure of the premises.
(3) The sign attached to a building shall be flush mounted with the wall of the building and not exceed 12 inches in depth.
(4) Signs shall not extend beyond the side edge or the roof of the building.
(5) Signs may be illuminated but the source of light must be hidden. Outside lights shall be deemed part of the sign. Illumination of any sign must be kept in good repair, provided that no sign can be erected involving flashing lights or lighting which constitutes a traffic hazard.
(6) Signs must be constructed of a durable exterior material and meet all applicable building and electrical codes at the time of installation, repair, or replacement.
(7) Signs painted on buildings must also meet all applicable building and electrical codes at the time of installation, repair or replacement, and painted signs must be repaired and maintained without excessive fading, chipping, or peeling.
(C) Agricultural signs located on property which is used for agricultural purposes, and where the tract of land used for these purposes is in excess of 86,000 square feet, are permitted.
(D) The city may furnish and install, use, and maintain a business location directional sign which may be placed on city street, avenue, and alley rights-of-way. The city shall charge an annual fee therefor which shall include the sign costs and cost of installation thereof which amount shall be set, at least annually, by the City Council. Each individual business location directional sign shall not exceed three square feet in size. The color, size, and sign design shall be established by the City Manager-Clerk subject to the approval thereof by the City Council.
(E) One free-standing business sign, not exceeding 30 feet in total height nor exceeding 400 square feet in size on a single side of the sign on any single business premise, is permitted. More than one free-standing business sign on a single premise shall be permitted only by variance granted pursuant to § 156.138. The free-standing business sign shall conform to all requirements of this section and shall also conform to § 156.135(G). Any free-standing business sign shall not project onto or over any public right-of-way.
(F) One portable business sign not exceeding 32 feet in total size shall be permitted on any single business premise for a period not exceeding 90 days per consecutive 12-month period. All portable business signs shall be placed only on private property and shall comply with and conform to all requirements of § 156.135(G). Any time extension shall be only by variance in accordance with § 156.138.
(Ord. 310, passed 2-18-93; Am Ord. passed 3-24-94; Am. Ord. 350, passed 5-20-04; Am. Ord. 453, passed 7-18-19; Am. Ord. 483, passed 6-16-21) Penalty, see § 10.99
The city may issue a permit for the establishment and maintenance of home occupation signs in any zoned district of this city, provided that the permit is issued subject to the following conditions:
(A) Application for a sign to be constructed under this section shall be submitted to the city on a form to be provided by the Building Inspector.
(B) No home occupation sign shall exceed two feet by three feet in exterior size.
(C) No home occupation sign shall be illuminated.
(D) There shall not be more than one home occupation sign permitted for any single home occupation on any single lot; in the event the home occupation is located on more than one contiguous lot, only one sign is permitted.
(E) Only permitted if the property had received a CUP for a home occupancy.
(Ord. 310, passed 2-18-93; Am. Ord. 453, passed 7-18-19)
Penalty, see § 10.99
(A) The City Council may, in its discretion, permit the construction and existence of free-standing signs which are not permitted signs under §§ 156.132 and 156.133 and are situated/located along state Trunk Highway 169, Central Avenue (county-state aid Road 36), and state Trunk Highway 23, in areas zoned B-1 and B-2. No such signs shall be permitted in any residential (R) zoned district.
(B) The grant of permit for any of these signs shall be subject to the following conditions:
(1) Application for a sign to be constructed under this section shall be submitted to the City Council on a form to be provided by the Building Inspector.
(2) There shall be an annual billboard sign permit fee of not less than $240 which shall be due and payable to the city by the sign permit applicant and which shall be tendered to the city in full upon making the initial billboard sign permit application. The annual billboard sign permit fee shall be pro-rated by the month during the initial application year and thereafter shall be due and payable to the city in full on January 2 of each succeeding year. The billboard sign permit fee shall be non-refundable.
(C) All such signs or billboards shall be placed not closer than 1,200 lineal feet from the nearest billboard on the same side of the same highway, street, or avenue facing traffic proceeding in the same direction.
(D) All such signs or billboards shall be placed so that the sign’s nearest physical dimension shall not be closer than ten feet from the nearest right-of-way line of the closest or nearest city avenue, street, or highway.
(E) (1) No sign or billboard shall be located adjacent to or within 750 feet of an interchange, intersection at grade, or safety rest area.
(2) Also, no sign or billboard shall be located within 750 feet of the point where the outmost ramps or legs (exit and/or entrance ramps) leave or enter the main traveled roadway nor for 750 feet on the other highway or road from the point of its intersection with the ramps or legs nor in the area between these points. Where appropriate from an engineering point of view, this 750 feet shall be measured along the highway, street, or avenue from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way.
(F) No such sign or billboard shall be taller than 30 feet from the ground base of the sign and shall contain not more than 400 square feet of surface on the sign’s major or principal surface side.
(G) A permit will be issued only if the sign to be erected blends harmoniously with the scale of the neighborhood, does not distract or cause confusion to motorists and pedestrians and does not conflict with the purpose of this subchapter to preserve and enhance aesthetic value of the commercial areas. In furthering these objectives, the City Council may, as a condition of issuing the permit, place restrictions on the type of sign to be erected and maintained. These restrictions may include, but are not necessarily limited to, the size of the sign; the denial of use of lighting; the amount and type of lighting if lighting is permitted; the location of the sign on the property; and the type of construction to be used for the sign.
(H) A permit will be issued only if the City Council finds the following conditions exist:
(1) The sign is supported by one center standard which standard shall be of steel, reinforced concrete, or similar material which is sufficient in size and strength to fully support the sign and maintain vertical integrity upon a surface wind-load of not less than 80 miles per hour wind speed.
(2) Eight feet of clearance shall exist between grade levels and the bottom of the sign.
(3) The sign cannot be attached to any building or structure and must be 15 feet from any surrounding buildings or structures.
(I) No billboard shall be permitted closer than 700 feet to any abutting property boundary line nor closer than 700 feet to any residential zoned district.
(Ord. 310, passed 2-18-93; Am. Ord. 453, passed 7-18-19)
Penalty, see § 10.99
(A) Any nonconforming sign now existing in this municipality which violates the provisions of this subchapter may not be:
(1) Improved or upgraded in any manner, beyond normal repair and maintenance, which may extend the useful life of the sign or sign structure. The Building Inspector shall determine if the repair or maintenance qualifies under this section, and his or her determination may be appealed to the City Council;
(2) Changed to another nonconforming sign or sign structure by means of changing the design, shape, or lighting;
(a) Relamping is permitted provided that no change is made in the color, shape, shielding, or intensity of the light.
(b) Painting of the sign and sign structure is permitted provided that no change is made in shape, size, design, or reflectiveness of the sign or sign structure.
(3) Enlarged or expanded in any way;
(4) Relocated unless the sign and sign structure will then conform to all other provisions of this subchapter;
(5) Repaired, rehabilitated, or re-established after damage or destruction amounting to 50%of the fair market value as determined by the Building Inspector;
(6) Re-established after discontinuance or abandonment of the sign for one year or where the business advertised on the sign has permanently ceased operation for one year or more; or
(7) Continued for a period of more than one year after a change in the effective control of:
(a) The land and/or building upon which the sign is located; or
(b) The business to which the sign relates.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
EFFECTIVE CONTROL. The control exercised over property by a business proprietor, whether as owner or lessee, or by an owner or lessee of other property.
(Ord. 310, passed 2-18-93) Penalty, see § 10.99
Loading...