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New buildings, structures and additions to buildings and structures. All new buildings, structures and additions to buildings and structures shall be erected, raised, moved, reconstructed, extended, enlarged or altered only in conformance with the bulk regulations established herein for the district in which each is located; provided that legal nonconforming buildings and structures shall be subject to § 156.041 of this chapter, and planned unit developments and properties for which variations have been granted shall be subject to the bulk requirements established in the ordinances approving such planned unit developments and variations; and further provided that in Single-Family Residence Districts, a lot which was of record at the time of adoption of this chapter, may be used for a single-family residence even though it does not meet the requirements of this chapter as to lot area and lot width, so long as the residence conforms with all other bulk regulations of the Single-Family Residence District.
(Ord. 07-13, passed 10-9-07) Penalty, see § 156.999
(A) General. No building, structure or premises shall hereafter be used or occupied, except in conformity with the use regulations herein specified for the district in which it is located; provided that legal nonconforming uses shall be subject to the provisions of § 156.041 of this chapter, and uses permitted as exceptions in planned unit developments shall be subject to the requirements for such uses established in the ordinances approving such planned unit developments.
(B) Synonymous uses. When a use is not specifically listed in the sections devoted to permitted uses or special uses, it shall be assumed that such use is hereby expressly prohibited. Whenever a proposed use is synonymous or nearly synonymous with a permitted or special use allowed within the zoning district, the Director of Community and Economic Development may allow the proposed use without a requirement that the specific terms of this chapter be amended.
(C) Principal structures. Only one principal structure, along with permitted accessory structures, shall be constructed upon a single subdivided lot or an unsubdivided parcel of land, except in a planned unit development. Notwithstanding this division, more than one principal structure shall be permitted on a lot or parcel of land owned or operated by a local governmental unit, on a lot or parcel of land operated as a self-storage business, and for an above ground service facility that is located and constructed in accordance with § 156.051.
(D) Temporary construction buildings and trailers. Temporary buildings and trailers for construction purposes are allowed for a period not to exceed such construction if they are located on the same lot where such construction is being undertaken or a contiguous lot thereto, and are not located within 50 feet of the lot line of an off-site residential use.
(E) Lot division. No lot containing a use or structure shall hereafter be divided or otherwise modified in order to transfer ownership or establish a new principal use thereon, unless each lot, including the lot containing the use or structure resulting from such division or modification, shall comply with all bulk regulations as required in this chapter for the district in which the lot is located.
(F) Voting places. The provisions of this chapter shall not be so construed as to deny the temporary use of any property as a voting place in connection with a municipal or other public election.
(Ord. 07-13, passed 10-9-07; Am. Ord. 07-38, passed 2-26-08; Am. Ord. 22-24, passed 8-23-22) Penalty, see § 156.999
(A) Residential District.
(1) The height of any fence shall not exceed six feet from existing grade.
(2) In front yards, fences shall be at least 50% open. The closed area of the fence shall be distributed evenly over the entire fence surface, and no portion of a closed area of the fence shall exceed a width of six inches when viewed at a 90-degree angle. No fence in a front yard shall exceed four feet in height from existing grade.
(3) In side yards, fences may be open or solid type and shall not exceed six feet in height from existing grade, provided that a solid fence or wall six feet in height from existing grade shall be required in a side yard between residential and nonresidential uses, and shall be erected on the nonresidential property with the finished side facing the residential use.
(4) In rear yards, fences may be open or solid type and shall not exceed six feet in height; provided that a solid fence or wall six feet in height from existing grade shall be required in a rear yard between residential and nonresidential uses, and shall be erected on the nonresidential property with the finished side facing the residential use.
(5) On comer lots, no fence or any other obstruction, except existing vegetation as provided in § 156.045(A)(3), shall exceed 18 inches above street grade in any portion of the yard situated within 25 feet of the lot comer formed by the intersection of any two street lines.
(6) The finished side of any fence shall face the exterior of the lot.
(7) No fence may be erected, constructed, or maintained on any portion of any zoning lot in such a manner as to impede the natural stormwater runoff, as determined by the City Engineer.
(8) Fences constructed in whole or in part of electrically charged wire, barbed wire, spikes, glass, protruding nails, or other sharp or pointed materials shall be prohibited, except that a blunt decorative point at the top of a fence shall be permitted. Fences constructed in whole or in part of chain links shall be prohibited in front of the building line of any building or structure.
(9) All fences shall be maintained on a regular basis and in a structurally sound condition by the property owner.
(10) Notwithstanding the height restrictions set forth in this division (A), no fence on lots owned or operated by local government units shall exceed eight feet in height from existing grade. Such fences may be open or solid type fences.
(11) On properties occupied by nonresidential uses, the requirements for fences in division (B) of this section shall apply.
(B) Business Districts.
(1) No fence shall be permitted in the front yard.
(2) In side yards, fences may be open or solid type and shall not exceed eight feet in height from existing grade.
(3) In rear yards fences may be open or solid type and shall not exceed eight feet in height from existing grade.
(4) A solid fence or wall six feet in height from existing grade shall be required in side or rear yards between residential and business uses or between residential and nonresidential uses in a Residential District, and shall be erected on the business or nonresidential property with the finished side facing the residential use. After August 2020, a solid fence or wall eight feet in height shall be required for all newly constructed buildings, for all buildings constructing an addition, and for all existing buildings when more than 50% of the area of the building footprint is remodeled or the estimated cost of the remodeling exceeds 50% of the assessed value of the property in which it is located. Such a fence shall be supported with posts which shall be constructed of a steel material conforming to the requirements of ASTMA 653, coating designation G90 galvanized (zinc) coating. In order to create an effective buffer between incompatible land uses, such fences shall be screened from the residential use by evergreen trees planted on the business or nonresidential property, with a minimum starting planting height of six feet, and such fences shall be located no closer than six feet from the property line which separates the two districts or types of uses. A 12-foot landscape buffer zone shall be required as provided in § 156.049 of this chapter; provided, however, that no credit toward the required landscape points shall be given for the fence required in this division.
(5) On corner lots, no fence or any other obstruction shall exceed 18 inches above street grade in any portion of the yard situated within 25 feet of the lot comer formed by the intersection of any two street lines.
(6) A fence that is six feet in height from existing grade shall be required, in any yard abutting a minor street between business and residential districts, where there is off street parking, and no variation shall be necessary for such a fence within the required yard. After August 2020, a solid fence or wall eight feet in height shall be required for all newly constructed buildings, for all buildings constructing an addition, and for all existing buildings when more than 50% of the area of the building footprint is remodeled or the estimated cost of the remodeling exceeds 50% of the assessed value of the property in which it is located. The owner(s) shall maintain the property between the fence and the street pavement or the concrete curb or ribbon. Required fences adjacent to a public street shall have the finished side facing the street.
(7) No fence may be erected, constructed or maintained on any portion of any zoning lot in such a manner as to impede the natural stormwater runoff, as determined by the City Engineer.
(8) Fences constructed in whole or in part of electrically charged wires, barbed wire, spikes, glass, protruding nails, or sharp or pointed materials shall be prohibited, except that a blunt decorative point at the top of a fence shall be permitted. Fences constructed in whole or in part of chain links shall be prohibited in front of the building line of any building or structure.
(9) All fences, including all living green fences, shall be maintained on a regular basis and in a structurally sound condition by the property owner.
(C) All Districts - Exterior paint and colors.
(1) Exterior paint colors. It shall be unlawful to paint, stain or color or change the color of any fence located within the city except in accordance with this division (C).
(2) Permissible exterior surface treatments. No more than one solid color shall be used on any fence located within the city.
(3) Existing colors, maintenance and vested rights. The owner of property affected by this division (C) shall have the right to maintain and repair colors existing on the effective date of this division (C). The owner of property shall be permitted to repair minor damage to the existing fences on the property and to repaint such repaired areas to match the existing color, provided, however, that the repaired area to be repainted shall not exceed 50% of the combined surface area of all elevations of the fence. In the event that more than 50% of the combined surface area of all elevations of the fence needs to be repainted, or if the color of existing fence is to be changed, then the property shall be brought into full compliance with this Section division(C).
(D) Except as specifically provided herein, living green fences are not regulated in this section and are governed by the landscaping requirements in § 156.049.
(Ord. 07-13, passed 10-9-07; Am. Ord. 20-29, passed 8-11-20; Am. Ord. 24-02, passed 1-9-24) Penalty, see § 156.999
(A) Statement of purpose. This section regulates the continued existence of legal nonconforming uses, buildings, and structures and specifies those circumstances under which such uses, buildings, and structures shall be permitted or gradually eliminated.
(B) Scope of regulations; general provisions.
(1) These regulations apply to the following categories of nonconformities:
(a) Legal nonconforming uses of land and legal nonconforming uses in conforming buildings and structures.
(b) Legal nonconforming uses of legal nonconforming buildings and structures.
(c) Legal nonconforming buildings and structures (as to bulk).
(2) Nothing in this section is intended to prevent the strengthening or restoration of a legal nonconforming building or structure to a safe condition for purposes of the public health and safety.
(3) The burden of establishing the existence of a legal nonconforming use, building, or structure is upon the property owner and not upon the city.
(C) Legal nonconforming uses of land and legal nonconforming uses in conforming buildings or structures.
(1) Authority to continue. Except as provided in division (C)(9), any existing legal nonconforming use of a premises not involving the use of a building or structure, or involving only a conforming building or structure that is accessory to a legal nonconforming use of land, or a legal nonconforming use located in a conforming building or structure, may be continued so long as it remains otherwise lawful, subject to the regulations contained in divisions (C)(2) through (C)(8).
(2) Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed on any conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted in whole or in part to a legal nonconforming use, provided, however, that this division (C)(2) shall not be deemed to authorize any violation of divisions (C)(3) through (C)(9).
(3) Structural alteration. No conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted entirely to a legal nonconforming use, and no portion of a conforming building or structure that is devoted to a legal nonconforming use, shall be structurally altered unless the use of such building or structure or portion thereof that is devoted to a legal nonconforming use shall thereafter conform to the use regulations of the zoning district in which it is located. No such alteration shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of nonconformity with any existing parking, loading, bulk, yard, or space requirement for such building or structure.
(4) Enlargement of building or structure. No conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted entirely to a legal nonconforming use, and no portion of a conforming building or structure that is devoted to a legal nonconforming use, shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such building or structure or portion thereof that is devoted to a legal nonconforming use shall thereafter conform to the use regulations of the district in which it is located. No such enlargement shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of nonconformity with any existing parking, loading, bulk, yard, or space requirement for such building or structure.
(5) Expansion of legal nonconforming use. A legal nonconforming use of land that does not involve a building or structure, a conforming building or structure that is accessory to a legal nonconforming use of land, or a legal nonconforming use in all or a portion of a conforming building or structure shall not be expanded, extended, enlarged, or increased in intensity. Such prohibited activity shall include without being limited to:
(a) An expansion of such use, including its accessory uses, to any building, structure, or land area other than that occupied by such legal nonconforming use on December 23, 1980, or any subsequent changes to this chapter that have caused such use to become nonconforming; and
(b) An expansion of such legal nonconforming use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such legal nonconforming use on the December 23, 1980, or any subsequent changes to this chapter that have caused such use to become nonconforming.
(6) Moving. No conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted in whole or in part to a legal nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless both the building or structure and the use thereof shall thereafter comply and conform to all regulations of the zoning district in which it is located after being so moved. No legal nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
(7) Change in use. A legal nonconforming use of land that does not involve a building or structure, or that involves only a conforming building or structure that is accessory to the legal nonconforming use of land, or a legal nonconforming use in a conforming building or structure shall not be changed to any use other than a use permitted in the zoning district in which the use, building, or structure is located. When such a legal nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any unlawful use.
(8) Damage or destruction. Any conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted in whole or in part to a legal nonconforming use and that is damaged or destroyed, by any means, to the extent of more than 50% of the cost of replacement of such building or structure shall not be restored, unless the use thereof shall thereafter conform to all regulations of the zoning district in which it is located, and unless its restoration is authorized pursuant to this code. The restored building or structure shall be accomplished without creating any new nonconformity with parking, loading, bulk, yard, or space requirements or increasing the degree of nonconformity with any parking, loading, bulk, yard, or space requirement existing prior to such damage or destruction. Restoration shall actually begin within one year after the date of such damage or destruction, unless extended in writing by the City Council for an additional period of one year for good cause shown, and such restoration shall be diligently pursued to completion.
(9) Termination by discontinuance or abandonment.
(a) When a legal nonconforming use of land that does not involve a building or structure, or that involves only a conforming building or structure that is accessory to the legal nonconforming use of land, or a legal nonconforming use in a part or all of a conforming building or structure is discontinued or abandoned for a period of six months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be re-established or resumed. Any subsequent use or occupancy of such land, building, or structure shall comply with the use regulations of the zoning district in which such land, building, or structure is located.
(b) Any period of such discontinuance of a legal nonconforming use caused by government action or acts of God, and without any contributing fault by the user, shall not be considered in calculating the length of discontinuance for purposes of this division (C)(9).
(D) Legal nonconforming uses in legal nonconforming buildings or structures.
(1) Authority to continue. Except as provided in division (D)(9), any lawfully existing legal nonconforming use located in a legal nonconforming building or structure may be continued so long as it remains otherwise lawful, subject to the regulations contained in division (D)(2) through (D)(8).
(2) Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed on any legal nonconforming building or structure devoted in whole or in part to a legal nonconforming use, provided, however, that this division (D)(2) shall not be deemed to authorize any violation of divisions (D)(3) through (D)(9).
(3) Structural alteration. No legal nonconforming building or structure devoted entirely to a legal nonconforming use, and no portion of a building or structure that is legal nonconforming or is devoted to a legal nonconforming use shall be structurally altered unless the building or structure or portion thereof that is legal nonconforming or is devoted to a legal nonconforming use, and the use thereof, shall thereafter conform to all regulations of the zoning district in which it is located. No such alteration shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of nonconformity with any existing parking, loading, bulk, yard, or space requirement in such building or structure.
(4) Enlargement of building or structure. No legal nonconforming building or structure that is devoted entirely to a legal nonconforming use, and no portion of a building or structure that is legal nonconforming or is devoted to a legal nonconforming use, shall be enlarged or added to in any manner, including the interior addition of floor area, unless the building or structure or portion thereof that is legal nonconforming or is devoted to a legal nonconforming use, and the use thereof, shall thereafter conform to all the regulations of the district in which it is located. No such enlargement shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of any nonconformity with existing parking, loading, bulk, yard, or space requirement in such building or structure.
(5) Expansion of legal nonconforming use. No legal nonconforming use in a legal nonconforming building or structure or portion thereof shall be expanded, extended, enlarged, or increased in intensity by an expansion of such use to any building or structure, land area, or portion thereof, including but not limited to expansion to any portion of the floor area of a legal nonconforming building or structure or portion thereof that was not occupied by such legal nonconforming use, other than that occupied by such legal nonconforming use on December 23, 1980, or any subsequent changes to this chapter that have caused such use to become nonconforming.
(6) Moving. No legal nonconforming building or structure that is devoted in whole or in part to a legal nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire building or structure and the use thereof shall thereafter comply and conform to all regulations of the zoning district in which it is located after being so moved. No legal nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
(7) Change in use. A legal nonconforming use of land or a legal nonconforming use within a legal nonconforming building or structure shall not be changed to any use other than a use permitted in the zoning district in which the use, building or structure is located. When such a legal nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any unlawful use.
(8) Damage or destruction. Any legal nonconforming building or structure devoted in whole or in part to a legal nonconforming use, which is damaged or destroyed, by any means, to the extent of 50% of the cost of replacement of such building or structure, shall not be restored unless such building or structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located and unless its restoration is authorized pursuant to this code. The restored building or structure shall be accomplished without creating any new nonconformity with parking, loading, bulk, yard, or space requirements or increasing the degree of nonconformity with any parking, loading, bulk, yard, or space requirements existing prior to such damage or destruction. Restoration shall actually begin within one year after the date of such damage or destruction, unless extended in writing by the City Council for an additional period of one year for good cause shown, and such restoration shall be diligently pursued to completion.
(9) Termination by discontinuance or abandonment.
(a) When a legal nonconforming use of a part or all of a legal nonconforming building or structure, which was not originally constructed or intended for any use permitted in the zoning district in which such building or structure is located, is discontinued or abandoned for a period of six months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land, building, or structure shall comply with the use regulations of the zoning district in which such land, building, or structure is located.
(b) Any period of such discontinuance of a legal nonconforming use caused by government action or acts of God, and without any contributing fault by the user, shall not be considered in calculating the length of discontinuance for purposes of this division (D)(9).
(E) Legal nonconforming buildings or structures (as to bulk).
(1) Authority to continue. Any legal nonconforming building or structure that is devoted to a use that is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in divisions (E)(2) through (E)(4).
(2) Repair, maintenance, alterations, and enlargement. Any legal nonconforming building or structure may be repaired and maintained. Any portion of a legal nonconforming building or structure that is altered or enlarged, whether in the vertical or horizontal dimension, shall comply with all provisions of this chapter.
(3) Moving. A legal nonconforming building or structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
(4) Damage or destruction. Any legal nonconforming building or structure that is damaged or destroyed, by any means not within the control of the owner thereof, to the extent of more than 50% of the cost of replacement of such building or structure, shall not be restored unless such replacement building or structure shall thereafter conform to all regulations of the zoning district in which it is located and unless the restoration is authorized pursuant to this code. The restored building or structure shall be accomplished without creating any new nonconformity with parking, loading, bulk, yard, or space requirements or increasing the degree of nonconformity with any parking, loading, bulk, yard, or space requirements for such building or structure. Restoration shall actually begin within one year after the date of such damage or destruction, unless extended in writing by the City Council for an additional period of one year for good cause shown, and such restoration shall be diligently pursued to completion. In no event shall any damage or destruction to such a legal nonconforming building or structure by means within the control of the owner be repaired or restored except in accordance with division (E)(2).
(5) Driveways and signs. Legal nonconforming driveways and signs shall not be subject to the foregoing, and shall be subject only to the following regulations:
(a) Driveways. If the principal building or structure on any lot is destroyed or damaged by more than 50% of the total cost of reconstructing the building or structure, whether by fire, casualty, or act of God, or by the actions of the property owner, any legal nonconforming driveway on such lot shall be brought into conformance with the requirements of §§ 156.101(E) and 156.075(H) at the time the building or structure is reconstructed.
(b) Signs. Legal nonconforming signs may be continued, repaired, altered, added to, or enlarged, moved, restored, discontinued, and changed in use only in conformance with the provisions of § 156.043(E).
(F) Variations previously granted for uses, buildings, and structures. Any use, building, or structure that becomes nonconforming upon the effective date of any changes to this chapter that cause such building or structure to become nonconforming, and for which a variation was previously granted, shall remain lawful to the extent of the specific variation granted, subject to any conditions that were imposed pursuant to the grant of such variation.
(G) Special uses previously granted for uses, buildings, and structures. Any use, building, or structure that becomes nonconforming upon the effective date of any changes to this chapter that cause such building or structure to become nonconforming, and for which a special use was previously granted, including a special use for a planned unit development, shall remain lawful to the extent of the approvals given as part of such special use, subject to any conditions that were imposed pursuant to the grant of such special use.
(Ord. 80-24, passed 12-23-80; Am. Ord. 98-06, passed 6-9-98; Am. Ord. 99-08, passed 6-22-99; Am. Ord. 01-55, passed 3-26-02; Am. Ord. 02-76, passed 3-25-02; Am. Ord. 03-37, passed 11-25-03 ; Am. Ord. 05-42, passed 2-14-06) Penalty, see § 156.999
Sewage systems shall be governed by the provisions of chapter 50 of this code.
(Ord. 07-13, passed 10-9-07) Penalty, see § 156.999
(A) Construction and erection. The construction and erection of all signs within the city shall conform to the following standards provided that the construction and erection of highway advertising signs shall also conform to the standards set forth in § 156.052 of this code:
(1) All letters, figures, characters or representations in cut-out or irregular form, which are maintained in conjunction with, attached to, or superimposed upon any sign, shall be safely and securely built or attached to the sign structure.
(2) Any sign, other advertising structure, marquee or awning, as defined in this chapter, including the frames, braces and supports thereof, shall be designed and constructed to withstand a wind pressure of not less than 35 pounds per square foot of net surface area, shall be constructed to receive dead loads as required in the Building Code and other ordinances of the city, and shall be approved by the Director of Community and Economic Development as being in compliance with the Building Code and Electrical Code.
(3) No part of a sign, other than a highway advertising sign, shall extend more than four feet from the building or structure to which it is attached.
(4) Exterior illumination including goose neck reflector lamps and other lights shall be permitted; provided, however, that all such lights, other than a changeable electronic variable message signs as defined in § 156.052 for which a valid permit has been issued, are completely shielded from view beyond the lot line as so to prevent glare upon the street or adjacent property.
(5) Except for a window sign, any glass forming a structural part of any sign shall be safety glass.
(6) All signs shall be properly maintained, including, but not limited to, repair of broken or missing parts, removal of rust or oxidation; restoration of faded or chipped paint; and repair, replacement or restoration of any other similar condition of disrepair. If the Director of Community and Economic Development finds that any sign has not been properly maintained in accordance herewith, written notice shall be given to the owner or occupant of the premises upon which such sign is located, describing the violation and providing a reasonable period of time within which to remedy the deficiency. Failure to remedy the deficiency shall constitute a continuing violation of this requirement, and each day after the expiration of the time period allowed to remedy the deficiency shall be deemed a separate offense.
(B) Maximum gross surface area.
(1) Total area permitted. The total permitted area of all signs for a single building shall not exceed two times in square feet the total building frontage expressed in linear feet, up to a maximum of 300 square feet for a building with one street frontage, 500 square feet for a building with two street frontages, and 600 square feet for a building with three or more street frontages. Not more than one freestanding sign shall be allowed. If a single building is designed for occupancy by more than one business use, the total permitted wall sign area for a single business use will be subject to a pro-rata signage formula such that each new tenant will be allowed only its proportionate share of signage for all new multi-tenant buildings built after August 2020.
(2) Reserved.
(3) Maximum gross surface of a single sign. The following gross sign area limitation pertaining to single signs of the types indicated below.
(a) Freestanding signs. Freestanding signs in the Commercial District, other than highway advertising signs, shall have a gross surface area not in excess of the table below, and shall not obstruct the view of vehicular traffic:
If a wall sign variation has been approved for a Zoning Lot, a freestanding sign is not allowed.
(b) Wall signs. No wall sign shall have a gross surface area in excess of 25% of the wall to which it is applied or over 300 square feet, whichever is smaller, provided that wall signs in residential districts shall be subject to division (B)(3)(c) below.
(c) Residential districts. In residential districts, signage shall be regulated as follows:
1. Single-family detached and detached dwellings. No signs shall be permitted other than an address sign as permitted in division (F)(1)(a) of this section and/or an ornamental entry gate sign, which shall be subject to division (B)(3)(d) of this section.
2. Multiple-family buildings in the R-3 zoning district and nonresidential buildings and developments in all residential districts.
A. For each principal multiple-family building or any nonresidential building, one building identification sign shall be permitted, to be either a freestanding sign in the front yard only or a wall sign, and to depict the name and/or address of the building and other identification information and/or information concerning permitted uses located therein. If such a sign is a wall sign, it shall not exceed four square feet, shall be located on the same side as the principal entrance, and shall be non-illuminated, indirectly illuminated or internally illuminated. If such a sign is a freestanding sign, it shall not exceed 12 square feet per side, shall be located not less than three feet from any lot line, driveway or street pavement, and shall be non-illuminated, indirectly illuminated or internally illuminated.
B. For multiple building developments, one freestanding building identification sign shall be permitted for each frontage in addition to a wall sign for each building.
C. For a residential subdivision or planned unit development, ornamental entry gate signs shall be permitted, subject to divisions (B)(3)(d) and (C)(5) of this section.
D. In parking lots and on driveways, directional signs shall be permitted subject to the restrictions in division (F)(5) of this section.
E. In parking lots and on driveways, standard parking and traffic signs shall be permitted.
F. For each multiple-family or nonresidential building, a resident or occupant directory shall be permitted as a wall sign, at the principal entrance to the building, not to exceed four square feet.
3. Nonresidential buildings or uses accessory to residential buildings or developments.
A. A building identification sign shall be permitted for each building, to depict the name and/or address of the building and other identification information and/or information concerning uses located therein and hours. Such shall be located on the same side of the building or uses as the principal entrance, and shall be non-illuminated or indirectly illuminated.
B. A freestanding building identification sign shall not exceed six square feet per side, shall be located not less than three feet from any lot line or street pavement, and shall not exceed six feet in height.
C. A wall sign for building identification shall not exceed six.
D. Instruction boards, including warning messages, and bulletin boards, not exceeding 20 square feet shall also be permitted.
(d) Ornamental entry gate signs. Permanent ornamental entry gate signs shall be permitted in the front yard in all districts subject to the following restrictions:
1. Only one such sign shall be permitted on each side of each entrance from each street frontage.
2. Such signs shall not exceed 50 square feet per sign, or 25% of the wall area, whichever is less; provided that for purposes of calculating the percentage of the wall area, the columns of the ornamental entry gate shall not be included.
3. Such signs shall be permitted only at the entrances of a subdivision or planned unit development for which the uses are principally residential or office.
4. Such signs shall not be located within the public right-of-way.
(e) Window signs. No window sign shall have a gross surface area in excess of 25% of the window on which it is hung, displayed or painted, behind which it is affixed or from which it is displayed. Window signs shall not be included in calculating the total permitted area of signs allowed upon the Zoning Lot which they are located.
(f) Construction site sign. No construction site sign shall exceed two feet by four feet in area. Such signs shall be aluminum and shall be provided by the city for a fee. Such signs shall not be affixed to any tree, but shall be affixed to a building or fence, or shall be mounted on a post or weighted standard that is no more than six feet in height and is located behind the front lot line of the construction site.
(g) Highway advertising signs. No highway advertising sign shall have a gross surface area in excess of the limits set forth in § 156.052 of this code.
(h) Digital signs. One digital sign will be permitted for each Zoning Lot that contains a restaurant, retail, or hotel use.
(i) Roof signs. The maximum allowable area of roof signs shall not exceed 25% of the wall area on which it faces or 300 square feet, whichever is smaller; and no part of a roof sign shall extend more than four feet from the building or structure to which it is attached.
(C) Additional restrictions, all signs. The following additional restrictions shall apply to all signs:
(1) Unsafe and unlawful signs. If the Director of Community and Economic Development shall find that any sign, other advertising structure, marquee, canopy or awning as defined in this section is unsafe or insecure,.is a menace to the public, or has subsequent to the effective date of this section been constructed or erected in violation of the, provisions of this section, the Director of Community and Economic Development shall give notice to the permittee thereof in the form of a written report indicating such unsafe conditions or violations of this section. If the permittee fails to remove or alter the structure so as to comply with the standards herein set forth, within three days after such notice, such sign, other advertising structure, marquee, canopy or awning as defined in this section may be removed by the Director of Community and Economic Development at the expense of the permittee or owner of the property upon which it is located. The Director of Community and Economic Development may cause any sign, other advertising structure, marquee, canopy or awning as defined in this section, which is an immediate peril to persons or property, to be removed summarily and without notice.
(2) Obstructions. No sign, other advertising structure, canopy or awning as herein defined, shall obstruct any driveway, door, window, fire escape, ladder, or opening intended to provide light, air, access or egress for any building or structure. This provision shall not be construed to prohibit the affixing of temporary window signs on or about any window, glass partition, or any other structure in the interior of any building.
(3) Zoning district. Signs of specified types shall be permitted in the various zoning districts as follows:
A. Residential zoning districts:
Address signs (wall or freestanding) |
Building marker signs, with the name and date of erection of the building, only in multiple-family residential zoning districts or for nonresidential uses in any residential district. |
Bulletin boards only accessory to uses in multiple-family zoning districts or for nonresidential uses in any residential district |
Construction site signs |
Danger and temporary emergency or temporary non-advertising signs |
Directional signs |
Directional signs within an off- street parking area |
Flags |
Freestanding signs accessory to multiple-family residential uses or nonresidential uses in any residential zoning district, but not highway advertising signs |
Garage sale signs |
Legal notice signs |
Monument signs |
Municipal signs, public utility signs, parking and traffic signs and railroad crossing signs |
New development signs identifying the architect, financial institution, engineer or contractor |
Occupant directory, only in multiple-family residential zoning districts or for nonresidential uses in any residential district |
Ornamental entry gate signs |
Pole signs, but not Highway Advertising Signs |
Portable trailer signs for nonresidential uses only |
Real estate signs |
Temporary election signs |
B. Business zoning districts: |
Awning signs |
Banners, flags, pennants, streamers and other similar non-frame temporary advertising signs, but not including balloons to announce a grand opening |
Building identification signs (wall or freestanding) |
Building marker signs with the name and date of erection of the building |
Business address signs (wall or freestanding) |
Canopy signs |
Construction site signs |
Danger and temporary emergency or temporary non-advertising signs |
Directional signs |
Directional signs within an off-street parking area |
Flags |
Freestanding signs, other than highway advertising signs |
Legal notice signs |
Marquee signs |
Monument signs |
Municipal signs and banners, public utility signs, parking and traffic signs and railroad crossing signs |
New development signs identifying the architect, financial institution, engineer or contractor |
Occupant directory as a wall sign, limited to four square feet |
Off-premises signs, other than highway advertising signs, in B-3, B-4 and B- 5 zoning districts only; off-premises signs, other than highway advertising signs, in the M-U zoning district may be allowed at the entryway of Butterfield Road/Trans Am Plaza and the entryway of 18th Street/Meyers Road pursuant to a special use permit and limited to one sign per entryway to be shared by the businesses within the M-U zoning district. |
Ornamental entry gate signs |
Pole signs, other than highway advertising signs |
Portable trailer signs |
Real estate signs |
Temporary election signs |
Temporary window signs |
Wall signs |
(4) Related to premises. Except for off-premises freestanding signs and highway advertising signs, every freestanding sign, ornamental entry gate sign, wall sign, and window sign shall relate directly to the business or enterprise conducted on the premises or to the property on which it is located; provided, however, that noncommercial copy of any nature may be placed on any otherwise permitted sign, whether or not such noncommercial copy relates to the business, enterprise or property on which it is located.
(5) Maximum height of signs. No pole sign or monument sign shall exceed nine feet in height; except on Roosevelt Road and 22nd Street only, no pole sign or monument sign shall exceed 15 feet in height, with a minimum clearance of six feet from the top of grade immediately adjacent to the sign structure to the bottom or lowest point of the gross surface area of the sign; provided that no off-premises freestanding sign shall exceed 20 feet in height, and no freestanding building identification sign in a residential district shall exceed six feet in height for residential uses or nine feet in height for permitted nonresidential uses. The height of a sign shall be measured from the top of the grade immediately adjacent to the sign structure, to the top or highest point of the gross surface area of the sign, as herein defined. This division (C)(6) shall not apply to highway advertising signs the maximum height of which is regulated by § 156.052 of this code.
(6) Financial responsibility. The general contractor for a sign shall provide a certificate of insurance showing the City of Oakbrook Terrace as an additional insured.
(7) Prohibited sign features. To preserve community appearance and avoid traffic hazards, the following shall be prohibited:
(a) Flashing signs, rotating or moving signs, animated signs, signs with moving lights, or creating the illusion of movement, and flashing or moving lights. A sign whereon the time and or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and or temperature and are not more frequent than every ten seconds.
(b) Signs that imitate or resemble any official traffic control device.
(c) Signs that hide or interfere with the effectiveness of any official traffic control device.
(d) Lights around the perimeter of principal structures and accessory structures, as well as, around features of principal structures and accessory structures, except during the holiday season. This division (d) shall not apply to such lights already in existence on the effective date of this division or to window signs.
(e) This division (C)(7) shall not apply to highway advertising signs which are regulated by § 156.052 of this code.
(8) Location of pole, monument, ornamental entry gate, and off-premises freestanding signs. No part of any pole sign, monument sign or off-premises freestanding sign shall be less than three feet from any property line or driveway, except that on Roosevelt Road and 22nd Street only, no part of any pole sign shall be less than three feet from any property line, and no monument sign shall be less than ten feet from any property line; and except that no part of any ornamental entry gate sign shall be less than five feet from the property line or driveway. No off-premises freestanding sign shall be located less than 100 feet from any other off-premises freestanding sign. On a corner lot, no pole, monument, ornamental entry gate or off-premises freestanding sign shall be located within a triangular area formed by the street property lines and a line connecting points on the street property lines located 25 feet from the intersection of the right-of-way lines. This division (C)(8) shall not apply to highway advertising signs the location of which is regulated by § 156.052 of this code.
(9) Removal of certain signs. Except for off-premises freestanding signs, at the termination of a business, or commercial enterprise, all signs pertaining thereto shall forthwith be removed from public view. Responsibility for removal shall reside with the property owner. Upon failure to comply with removal of all signs within 60 days following termination of a business or commercial enterprise, the Director of Community and Economic Development is hereby authorized to cause removal of all signs pertaining thereto and any expense incident thereto shall be paid by the property owner.
(10) Maximum number of off-premises freestanding signs per zoning lot. Except for exempted signs as permitted in division (F) and temporary signs as permitted in division (G), no more than one off-premises freestanding sign shall be located on a single zoning lot.
(11) Restrictions on certain wall signs. Wall signs attached, applied to, painted on, placed flat against, or displayed parallel to, any structure other than a building shall be required to comply with the following restrictions:
(a) Such signs shall be used solely to identify the specific development or building and shall not be used to identify a specific tenant or product;
(b) Such signs shall not be installed so that the sign surface area extends above, below or to either side of the structure on which such signs are attached, applied, painted or placed flat against;
(c) Such signs shall not be internally illuminated.
(D) Required permits. It shall be unlawful for any person to erect, alter, relocate, or maintain within the city any sign, other advertising structure, marquee, canopy or awning as defined in this section, without first obtaining a sign permit from the Director of Community and Economic Development and making payment of the required fee for such permit or, in the case of off-premises freestanding signs, without also making payment of the annual license fee as provided in division (E)(8). In addition, all illuminated signs shall be subject to the provisions of the Electrical Code. Applications for a sign permit shall be made upon forms provided by the Director of Community and Economic Development, and shall contain or have attached thereto the following information:
(1) Name, address and telephone number of the applicant.
(2) Location of building, structure, or lot to which or upon which the sign, other advertising structure, marquee, canopy or awning as defined in this chapter, is to be attached or erected.
(3) Position of the sign, advertising structure, marquee, canopy or awning as defined in this chapter, in relation to nearby building or structures.
(4) Two blueprints or ink drawings of the plans and specifications and method of construction and attachment to the buildings or in the ground.
(5) If required by the Director of Community and Economic Development a copy of calculations or other information, including but not limited to manufacturer's specifications, as evidence that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the city.
(6) Name of person, firm, corporation, or association erecting the sign, other advertising structure, marquee, canopy or awning as defined in this section.
(7) For any multiple-tenant use, consent in writing of the owner of the building, structure, or land to which or on which the sign, other advertising structure, marquee, canopy or awning as defined in this section is to be erected.
(8) Any electrical permit required and issued for said sign, other advertising structure, marquee, canopy or awning as defined in this section.
(9) Proof of financial responsibility as required in this section.
(10) Such other information as the Director of Community and Economic Development shall require to show full compliance with this and all other ordinances of the city. Applications for permits for the erection of signs, other advertising structures, marquees, canopies or awnings, as defined in this section, in which electrical wiring and connections are to be used, shall be reviewed by the Director of Community and Economic Development or a duly authorized deputy. The plans and specifications respecting all wiring and connections, shall be examined to determine if they comply with the Electrical Code of the city, and the Director of Community and Economic Development shall recommend approval of the issuance of the permit if the plans and specifications comply with the Electrical Code and shall recommend disapproval of the application if noncompliance with the Electrical Code is found. Such plans and specifications shall be reviewed prior to the consideration of the application by the Director of Community and Economic Development for final approval or disapproval of the sign permit. It shall be the duty of the Director of Community and Economic Development or an authorized deputy upon the filing of all application for a sign permit to examine such plans, specifications, and other data, and the premises upon which it is proposed to erect the sign, canopy, or awning as defined in this section, and if it shall appear that the proposed structure is in compliance with all the requirements of this section, this chapter and all other applicable ordinances of the city, and the appropriate permit fee has been paid, the Administrator shall then issue the sign permit. If the work authorized under a sign permit has not been completed within six months after date of issuance, the permit shall become null and void.
(E) Authority to continue "existing non conforming uses. For the purpose of this chapter, ever sign, other advertising structure, marquee, canopy, or awning, which was erected and in place on the effective date of this chapter, or on the effective date of any amendment hereto, and which does not conform with this chapter or any such amendment, shall be deemed a nonconforming use. Nonconforming uses may be continued only in accordance with the following regulations:
(1) Repairs and alterations. All necessary repairs are made and no structural alterations are made, except those required by law, or except to make the sign conform to the regulations of this chapter.
(2) Additions and enlargements. No additions or enlargements shall be made.
(3) Moving. The sign shall not be moved.
(4) Restoration of damaged signs. If such sign is damaged by fire or other casualty less than 40% of the original cost of the sign, repairs shall be started within 90 days from the date of the damage and such repairs shall be diligently prosecuted to completion.
(5) Discontinuance of use. Except for off- premises freestanding signs, when a business or commercial enterprise has terminated the use of a nonconforming sign for a period of at least 60 days, such sign shall be required to conform to the regulations of this chapter.
(6) Change of use. Except for permitted, off-premises freestanding signs, where the business use or identity associated with a nonconforming sign terminates or changes, the use of said sign thereafter shall conform to the regulations of this chapter.
(7) Any off-premises freestanding sign which does not conform to the provisions of this section, or any amendment thereto, on its effective date, may be continued only in accordance with divisions (E)(1) through (4) of this section.
(8) Amortization of on-premises signs. Any on-premises sign which does not conform to an amendment to this section shall be removed or brought into conformance with the provisions of this section in accordance with divisions (E)(1) through (6) of this section, whenever such divisions become applicable to such sign.
(F) Exempted signs. The provisions and regulations of tins section shall not apply to the following signs; provided, however, that said signs shall be subject to the provisions of division (C)(1) of this section, and, except for the signs permitted in division (F)(6), said signs shall also be subject to the provisions of division (C)(4) of this section.
(1) A sign not exceeding two square feet in area identifying the name and/or address of the building or dwelling, placed in a position to be plainly legible and visible from the street or road fronting the property. All lots, buildings and structures in the city shall be numbered in accordance with the following plan: north and south numbers shall commence at Madison Street; east and west numbers shall commence at State Street; odd numbers shall be on the east and south sides of the streets; even numbers shall be on the north and west sides of the streets. It shall be the duty of the owners or occupants of any building to display the address of that building. The Director of Community and Economic Development shall keep a chart showing the proper street number of every lot in the city, which chart shall be open to inspection by anybody interested.
(a) Residential address sign. For any building in a residential district, including single-family detached and attached dwellings and multiple-family buildings, the address numbers shall be readable from the street and shall contrasting in color with the background or structure. Address numbers shall be Arabic numerals and alphabet letters, and shall be a minimum of four inches high, with a minimum stroke width of one-half inch. A freestanding address sign shall not exceed eighteen inches in height.
(b) Business address sign. For buildings in a business district, the address number shall be readable from the street and contrast in color with the background or structure. Address numbers shall be Arabic numerals and alphabet letters, and shall be a minimum of four inches high, with a minimum stroke width of one-half inch. In addition, all shopping centers shall display an address sign on the rear door of each establishment.
(2) A bulletin board or instruction board not exceeding 20 square feet in area for a public, charitable, or religious institution and located on the same premises.
(3) A building marker sign not to exceed 15 square feet, with the name and/or date of erection of the building, which sign may be cut into the masonry surface of the building or depicted on a plaque made of bronze or some other permanent metal.
(4) Traffic and parking regulation signs or other municipal signs and banners, public utility signs, legal notice signs, railroad crossing signs, danger and temporary emergency or temporary non-advertising signs on public rights-of-way if erected by a public body or public utility or with the permission of the city. Traffic and parking signs on private property within driveways and parking lots.
(5) Directional signs which provide instruction or direction within an off-street parking area, to identify entrances, walkways, and features of similar nature. Such signs shall not exceed three square feet in area per side per sign and shall not be more than 30 inches in height above grade, unless special conditions dictate a height which allows visibility of such sign(s) from the street but does not create an obstacle for a motorist. Special conditions and the existence thereof shall be determined by the Director of Community and Economic Development. No more than two double-faced signs shall be allowed at each entrance to or exit from a parking area, with one sign on each side of the driveway. Such signs may be illuminated but only in accordance with the provision of this section. Directional signs may contain the name of a business, and/or logo. Such signs shall be computed in the overall square footage of signage of that parcel, and shall count against the permitted number of freestanding signs.
(6) Temporary election signs not exceeding 16 square feet. No election signs may be erected on any property without the owner's permission. Election signs shall not be placed in any right-of-way. Any election sign placed within the public right-of-way may be confiscated by the city, and will be subject to disposal without return of such sign to the owner or candidate.
(7) Menu boards, which are accessory to a permitted drive-through restaurant, and which shall be oriented so as not to be visible from any street.
(8) Temporary window signs, subject to division (B)(3)(e) of this section.
(9) Window signs identifying hours of operation and/or stating whether the business is open or closed.
(10) Garage sale signs in compliance with § 112.52(E) of this code.
(G) Temporary signs. Temporary signs shall be in accordance with all the provisions of this chapter, except where specifically stated and with the following exceptions: Temporary signs shall not be included in the overall signage for that zoning lot on which it is located, and no temporary sign shall be illuminated. Only one of the following temporary signs is permitted per parcel:
(1) A real estate sign in a single-family residential district which advertises single-family residential property for sale, rent, or lease of the premises on which it is located. Such a sign shall not exceed four square feet in area and shall not exceed five feet in height. Such a sign shall be removed no more than three days after the closing upon the sale, rental or lease of the property.
(2) In the case of a new subdivision, and in place of a single sign per lot, a single non-illuminated sign will be allowed, with an area not to exceed the number of lots in the subdivision, times four square feet, or 200 square feet, whichever is less. Such a sign shall comply with the height and location restrictions for freestanding signs. Such a sign shall be removed no more than three days after the closing upon the sale of the last lot of record in the subdivision.
(3) A temporary sign for an initial period not to exceed 90 days located on a lot in a multi-family or commercial district on which a property, building or portion of a building is for sale, rent or lease. Such sign shall not exceed 16 square feet in area and nine feet in height. No permit fee shall be required for the initial 90-day period. A permit fee of $150 shall be required to be paid by the property owner to the city should the temporary sign remain on the lot following the initial 90-day period. Any temporary sign remaining on the lot after the after the initial 90-day period for which a permit fee has not been paid, shall be immediately removed from the lot by the property owner. It shall be unlawful to permit any temporary sign to remain on the lot after the after the initial 90-day period unless the permit fee has been paid.
(4) Pennants, banners, streamers, flags or any other similar non-framed temporary advertising sign, but not including balloons, used to announce a grand opening of a new business which shall not be located on any roof and shall be removed within 60 days after being displayed.
(5) A sign for a new development, denoting the architect, the financial lending institution, the engineer, or the contractor of a new development not exceeding 16 square feet in area when placed upon work under construction. Such a sign may be located anywhere on the parcel but no closer than three feet from any property line. There shall be no more than one sign per development tract unless the development is abutting two streets; then, two separate signs shall be permitted, one on each frontage. Such a sign(s) shall not exceed nine feet in height, and shall be removed upon the issuance of the occupancy permit.
(6) Portable-type trailer signs shall be permitted in any zoning district for any non-for-profit organization and shall be removed within 15 days. One such sign shall be permitted for each street frontage. Such signs shall be indirectly illuminated and shall not include any flashing lights.
(7) On four occasions during each calendar year, property owners in the B-2, B-3, B-4, and B-5 zoning districts may obtain a permit for the posting of a temporary sign for a period of 96 hours. The sign shall be no larger in area than two times the building frontage or 300 square feet, whichever is less. A temporary banner attached to a building shall not exceed the height of the building structure, excluding rooftop mechanical equipment or antennas. A freestanding temporary banner shall not exceed nine feet in height. Such sign shall be permitted only to identify or advertise a business conducted on the premises on which the sign is located. Further, in order to post said sign, the owner must file for its permit no less than three days prior to the date of display. Such permit shall be reviewed by the Zoning Department for its compliance with ordinances and to protect the public safety and welfare. To the extent this section is more specific, than any other section of this code, this section shall govern.
(H) Purpose of this section. The regulations set forth in this section are established in order to promote and protect the public health, safety, convenience and general welfare of the city, its residents and businesses, and those traveling through the city, and in order to accomplish the following specific purposes:
(1) To enhance the economy of the city by promoting the reasonable, orderly and effective use and display of signs.
(2) To enhance the appearance of the city by recognizing and encouraging a sense of aesthetic appreciation for the visual environment.
(3) To protect the general public from damage and injury that might be caused by the faulty and uncontrolled construction and use of signs within the city.
(4) To protect the public use of streets by reducing sign or advertising distractions that may create traffic hazards.
(5) To preserve the value of private property by assuring the compatibility of signs with surrounding land uses.
(6) To limit and control the pollution of the visual environment.
(Ord. 80-24, passed 12-23-80; Am. Ord. 92-8, passed 8-25-82; Am. Ord. 98-06, passed 6-9-98; Am. Ord. 97-33, passed 2-9-99; Am. Ord. 99-03, passed 6-8-99; Am. Ord. 01-15, passed 8-14-01; Am. Ord. 01-21, passed 9-13-01; Am. Ord. 01-55, passed 3-26-02; Am. Ord. 02-25, passed 8-13-02; Am. Ord. 02-53, passed 12-18-02; Am. Ord. 03-17, passed 8-26-03; Am. Ord. 04-14, passed 6-22-04; Am. Ord. 06-22, passed 11-14-06; Am. Ord. 09-18, passed 10-27-09; Am. Ord. 10-31, passed 12-14-10; Am. Ord. 12-14, passed 3-27-12; Am. Ord. 12-54, passed 12-11-12; Am. Ord. 13-8, passed 2-12-13; Am. Ord. 13-9, passed 2-12-13; Am. Ord. 15-22, passed 3-10-15; Am. Ord. 15-24, passed 3-10-15; Am. Ord. 20-29, passed 8-11-20; Am. Ord. 22-01, passed 1-11-22; Am. Ord. 22-24, passed 8-23-22) Penalty, see § 156.999
(A) Permitted use. Private outdoor swimming pools shall be permitted as an accessory use, provided they conform with the provisions of this and other applicable ordinances of the city.
(B) Protective fence. Every outdoor swimming pool constructed or maintained within the city shall have a protective fence. The requirements for this fence shall be as follows:
(1) All gates or doors providing access to such outdoor pool shall be self-closing and self-latching with latches placed at least 42 inches above the ground.
(2) The fence shall be of at least 11 gauge wire mesh, wrought iron, wood, stone, concrete, brick or other materials, or combination thereof approved by the Director of Community and Economic Development. An accessory building may be employed as part of such enclosure.
(3) There shall be no openings or gaps in such fence larger than six inches, except for doors and gates.
(4) The protective fence shall be no less than four feet in height, no more than six feet in height, and must be located not less than four feet from the pool.
(5) An outdoor pool shall be allowed without a surrounding fence provided that the pool design includes a barrier that is permanently attached around the entire pool as part of the structure of the pool, and provided that said barrier extends 30 inches or more above the top of the pool deck and rim and otherwise meets the specifications of a fence hereinabove described; and further; provided that a fence no less than six feet in height shall be constructed so as to enclose the entrance to such a pool, and that such fence encloses an area at least four feet from any entrance ladder or similar facility used for entrance to such a pool.
(C) Outdoor pool permit. Application for a outdoor pool permit allowing the construction or installation of an outdoor pool shall be made in writing to the Director of Community and Economic Development. No such outdoor pool shall be constructed or installed without the approval of an outdoor pool permit by the Director of Community and Economic Development.
(Ord. 07-13, passed 10-9-07; Am. Ord. 22-24, passed 8-23-22) Penalty, see § 156.999
(A) Requirements.
(1) The following restrictions shall apply to yards in all districts.
(a) The minimum yard space required for one structure shall not again be considered as minimum required yard space for another adjoining structure, except that for unsubdivided property in the R-2 and R-3 zoning districts, the required interval of separation between adjacent buildings shall be considered as the minimum required yard space for both buildings.
(b) No lot shall be reduced in area so that the yards or other open spaces become less than the requirements of this chapter.
(c) On corner lots, no obstruction in a yard, including trees and shrubs, shall be higher than 18 inches above the street level if located in that portion of the yard within 25 feet of the corner formed by the intersection of any two street right- of-way lines; provided that, notwithstanding such height restriction, existing vegetation shall be allowed to remain unless it creates a hazard to pedestrian or vehicular traffic as determined by the Director of Community and Economic Development in consultation with the Chief of Police, the Public Services Director and other consultants as deemed necessary and appropriate.
(2) In Single-Family Residence Districts, the maximum number of buildings accessory to any principal single-family residential building or structure shall be two. Such accessory buildings shall not occupy more than 8% of the lot area or 950 square feet, whichever amount is less, unless otherwise permitted by a planned unit development or a variation.
(3) In Business or Multiple-Family Residence Districts, accessory buildings that are permitted obstructions in the rear yard shall not occupy more than 30% of the required rear yard or 800 square feet, whichever is less, unless otherwise permitted by the planned unit development or a variation.
(B) Permitted obstructions. The following shall be permitted obstructions in minimum required yards:
F denotes Minimum Required Front Yard
R denotes Minimum Required Rear Yard
S denotes Minimum Required Side Yard
A denotes All Minimum Required Yards
1. | Sidewalks | F |
2. | Gutters and Eaves1 | A |
3. | Canopies1 | A |
4. | Awnings1 | A |
5. | Ornamental decorations | A |
6. | Signs (See § 156.043) | A |
7. | Fences (See § 156.039) | |
8. | Landscaping walls2 | A |
9. | Retaining walls3 | A |
10. | Satellite dish antennas (See § 156.047) | |
11. | Driveways | A |
12. | Off-street parking (See § 156.100)4 | |
13. | Garages (detached)6 | S, R |
14. | Sheds6 | R |
15. | Swing sets | R |
16. | Tennis courts5 | R |
17. | Barbecue stoves or grills | R |
18. | Non-mechanical laundry drying equipment | |
19. | Food vegetation | S, R |
20. | Children’s playhouses | R |
21. | Light poles7 | A |
22. | Porch Swings8 | A |
23. | Flags9 | F |
24. | Lawn furniture and benches | A |
25. | Ornamental Entry Gates10 | F |
26. | Garbage Containers11 | S, R |
27. | Off-street loading berths12 | R |
28. | Above ground service facilities13 | A |
29. | Portable toilets at residential construction sites14 | |
1 Eaves, gutters, canopies and awnings shall not extend more than four feet into the minimum required front, side or rear yard, except that eaves and gutters of detached garages and sheds may be located within the required side or rear yard, so long as no portion thereof is located less than three feet from the rear lot line or less than three feet from the side lot line.
2 The height of landscape walls shall not exceed 30 inches above the existing grade. The depth of any level of a landscape terrace, as extended toward the structure, shall be no less than 1.5 times the height of the rise in the terrace that is immediately beneath such level of the landscape terrace. The materials used for the construction of landscape walls shall be limited to landscape materials. On corner lots, no landscape wall shall exceed 18 inches above the grade in any portion of the yard situated within 25 feet of the lot corner formed by the curve of any two street lines.
3 The height of retaining walls shall not exceed the top of the foundation unless approved by the City Engineer for structural purposes. Any retaining wall that is more than three feet in height shall be certified by a structural engineer. On corner lots, no retaining wall shall exceed 18 inches above the grade in any portion of the yard situated within 25 feet of the lot corner formed by the curve of any two street lines.
4 For off-street parking, see regulations in each zoning district in addition to § 156.100.
5 Tennis courts shall be located not less than ten feet from the rear lot line.
6 Detached garages and sheds, including any eaves or gutters, shall be located not less than three feet from the rear lot line and not less than three feet from any side lot line. The vertical wall of any detached garage or shed shall be located not less than ten feet from the vertical wall of a principal building or structure.
7 In single-family detached residential zoning districts, light poles shall not be located in any required yard other than the front yard and shall not exceed eight feet in height; provided that light poles may be located in a rear yard inside the fence required in conjunction with a swimming pool, at a height not to exceed four feet. For off-street parking in business zoning districts, or when accessory to attached residential buildings, multiple-family residential buildings or nonresidential uses in all residential zoning districts, light poles may be located in the front, side or rear yards and shall not exceed 16 feet in height.
8 Porch swings shall not extend more than four feet into the minimum required front, side or rear yard.
9 No more than two flags shall be permitted on any zoning lot used for residential purposes in a residential zoning district, at a maximum height not to exceed the maximum building height permitted in the relevant zoning district. No more than five flags shall be permitted for nonresidential uses in any residential zoning district or for any use in a business district, at a maximum height of 35 feet. No ground-mounted flag shall hang more than one- third of the length of the pole on which it is displayed. Flags on zoning lots on which public buildings are located shall be exempt from these restrictions.
10 No more than one ornamental entry gate shall be permitted on each side of an entrance from a street frontage, not exceeding eight feet in height, and such gates shall be set back not less than five feet from the front lot line, street pavement and driveway. Such gates shall be subject to the approval of the City Engineer and shall be certified by a structural engineer.
11 Dumpsters in commercial districts may be located only in the required side and rear yards. Residential garbage cans may be located only in the required side and rear yards and shall comply with the requirements of § 156.101(A)(1)(h).
13 Above ground service facilities shall comply with the requirements of § 156.051.
14 Portable toilets at residential construction sites shall be located away from any sidewalks, and as close to the front wall of the principal structure as practical, and shall be permitted only until a temporary certificate of occupancy is issued.
(Am. Ord. 92-8, passed 8-25-92; Am. Ord. 80-24, passed 12-23-80; Am. Ord. 98-45, passed 2-9-99; Am. Ord. 01-46, passed 1-22-02; Am. Ord. 01-55, passed 3-26-02; Am. Ord. 02-25, passed 8-13-02; Am. Ord. 03-15, passed 8-26-03; Am. Ord. 06-22, passed 11-14-06; Am. Ord. 06-23, passed 11-14-06; Am. Ord. 07-13, passed 10-9-07; Am. Ord. 07-21, passed 11-27-07; Am. Ord. 07-38, passed 2-26-08; Am. Ord. 08-13, passed 8-12-08; Am. Ord. 09-2, passed 5-26-09; Am. Ord. 19-9, passed 3-12-19; Am. Ord. 22-24, passed 8-23-22) Penalty, see § 156.999
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