(Ord. 2221, passed 2-7-00; Am. Ord. 2377, passed 5-6-02)

2. Special uses. The following use is permitted as a special use when authorized by the City Council after a public hearing and recommendation by the Planning Commission:

1. Electric or telephone substations and other governmental and utility service uses.

2. Day care facilities, subject to such restrictions, requirements, and limitations as may be deemed proper under the circumstances.

3. Churches and other religious organizations.

4. Specialty shops including gift; book and stationary; antique; art supplies and galleries; photocopying; camera and photo supplies; tobacco; florists; hobby; locksmith; shoe and hat repair; recycling, reuse and second hand stores; and business identification signs accessory to the specified specialty shop business use only as specifically authorized by the special use permit.

3. Floor area ratio. The floor area ratio shall not exceed eight-tenths (0.8).

4. Required lot area: The net land area for each business establishment shall not be less than five thousand (5,000) square feet.

5. Yards required:

1. Front yard: there shall be provided on every lot a front yard not less than forty (40) feet in depth on new construction.

2. Side yard: there shall be provided a side yard along any lot line which adjoins a residence district;  it shall be not less than ten (10) feet in width.

3. Rear yard: there shall be a rear yard not less than twenty (20) feet in depth; however, when a rear lot line abuts an alley, one-half (½) the width of such alley may be counted toward satisfaction of the rear yard requirement.

 

    The above yard requirements shall only apply to new construction or the expansion of existing structures.

6. Maximum building height. No building shall be over three (3) stories above ground level or a maximum height of thirty five (35) feet above ground level, whichever is lesser.

7. Automobile storage or parking space. Adequate off-street parking and loading in accordance with the provisions of § 154.172.

8. Required conditions:

1. All bank complexes, business, service, repair or processing, storage, or merchandise display shall be conducted wholly within an enclosed building except for off-street automobile parking and off-street loading.

2. Not more than six (6) persons including owners or manager shall be engaged at any time in fabricating, repairing, or other processing of goods in any establishment.

(Ord. 1536, passed 11-2-87; Am. Ord. 1977, passed 2-5-96; Am. Ord. 2377, passed 5-6-02; Am. Ord. 2697, passed 10-2-06) Penalty, see § 154.999

 

§ 154.092  C-2 DISTRICTS.

 

General retail districts are designed to cater to the needs of a larger consumer population than served by the local retail district and so are mapped typically in major shopping center locations characterized by large establishments generating larger volumes of vehicular and pedestrian traffic.

1. Uses permitted.

1. Any use permitted in C-1 Districts.

2. Business uses may be conducted above the ground floor, but not on the same floor as residential uses.

3. Additional uses are as follows:

Antique shops.

Apparel shops.

Appliance stores, sales and repair.

Arcades and video game rooms.

Art and school supply stores.

Art galleries.

Automobile detailing and customizing shops, provided there is no body repair or painting performed on the premises.

Automobile parts and accessories stores.

Automobile service stations.

Banks and financial institutions.

Bicycle sales, rental and repairs.

Blue printing and photocopying establishments.

Book and stationery stores.

Bowling alleys and structures accommodating recreational activities.

Cab stands.

Camera and photographic supply stores.

Candy and ice cream stores or shops selling similar commodities where the commodities may be produced on the premises; but all such production shall be either sold at retail on the premises or sold in stores owned and operated by the producing company.

Carpet and rug stores.

Car washes.

Catering establishments.

China and glassware stores.

Clothing and equipment rentals.

Coffee houses.

Coin and philatelic stores.

Convenience stores.

Currency exchanges.

Department stores.

Drive-in type food and beverage sales.

Drug stores.

Dry cleaning and laundry receiving stations; processing to be done elsewhere.

Electronics and communications stores.

Employment agencies.

Florists.

Food stores, grocery stores, meat markets, bakeries, delicatessens, and package liquor stores.

Funeral homes and mortuaries.

Furniture stores, including upholstery.

Furrier shops, including the incidental storage and conditioning of furs.

Garden supply and feed stores.

Gas stations.

Gift shops.

Hardware and houseware stores.

Health and exercise clubs, gymnasiums, reducing and tanning salons.

Hobby shops.

Hotels and motels.

Hospitals, monasteries, nunneries, religious retreats, orphanages, and institutions of an educational, charitable, or philanthropic nature.

Interior decorating shops, including upholstery and making of draperies, slip covers, and other similar articles.

Jewelry store, including repair.

Laundries, automatic self-serve.

Leather goods and luggage stores.

Live bait.

Loan offices.

Locksmiths shops.

Monument sales.

Musical instruments, sales and repairs.

Newspaper offices.

Office supply stores.

Oil change and lubrication facilities.

Orthopedic and medical appliance stores, but not including the assembly or manufacture of such articles.

Paint and wallpaper stores.

Pawn shops.

Pet shops.

Photography studios, including the developing of film and pictures.

Physical culture and health service, gymnasium and reducing salons, and masseurs.

Post offices.

Public meeting halls.

Restaurants.

Restricted production and repair, limited to the following: art, needlework, clothing, custom manufacturing and alterations for retail only, jewelry from precious metals; watches, dentures, and optical lenses.

Sales and display rooms.

Schools: music, dance, or business.

Service: cleaning or repair shops for personal, household, or garden equipment.

Sewing machine sales and service.

Shoe and hat repair.

Shoe stores.

Skating rinks, indoor.

Sporting goods stores.

Tailor or dressmaking shops.

Taverns.

Tea rooms.

Temporary building for construction purposes for a period not to exceed the duration of such construction.

Temporary outdoor demonstrations and exhibitions of merchandise primarily for outdoor use.

Temporary outdoor food vending and produce markets.

Theaters (not outdoor).

Tobacco shops.

Toy shops.

Travel bureaus and transportation ticket offices.

Typewriter and business machines sales and service.

Upholstery shops.

Variety stores.

Video and equipment sales and rental.

4. All uses permitted in the C-2 District, including storage, must be conducted within an enclosed structure, with the exception of accessory outside sales or display of retail merchandise, provided that such accessory use does not violate parking, lot coverage, or other code regulations, and does not occupy a corner sight triangle (as defined in § 154.141 of this chapter) or in any way create a public safety hazard.

(Ord. 2239, passed 7-3-00)

2. Special uses. The following uses are permitted as special uses when authorized by the City Council after a public hearing and recommendation by the Planning Commission.

1. Those special uses permitted in a C-1 District.

2. Assisted living facility, senior independent housing, or skilled nursing facility.

3. Bus depots.

4. Clubs and lodges: private, fraternal, or religious.

5. Golf courses, miniature golf courses, and driving ranges.

6. Inside mini-warehousing and storage.

7. Machinery, equipment and vehicle rental.

8. Skating rinks and parks, outdoor.

3. Floor area ratio. Floor area ratio shall not exceed 1.0.

4. Required area. Regulations governing lot area in C-1 Districts shall apply, except for assisted living facilities, senior independent housing, or skilled nursing facilities.  Senior independent housing facilities shall have an area of at least one (1) acre and an average of at least four thousand five hundred (5,500) square feet of lot area per dwelling unit.  Each assisted living facility or skilled nursing facility containing units of five hundred (500) square feet or less shall be erected on a lot having an area of at least one (1) acre, of not less than two thousand (2,000) square feet per unit, and a lot width of not less than seventy-five (75) feet.  Each assisted living facility or skilled nursing facility containing units of more than five hundred (500) square feet shall be erected on a lot having an area of at least one (1) acre, of not less than (2,500) square feet per unit, and a lot width of not less than seventy-five (75) feet..

5. Required yards:

1. Front yards: None, except for assisted living facilities, senior independent housing, and skilled nursing facilities.  The front yard for those uses shall not be less than twenty-five (25) feet.

2. Side and rear yards: regulations shall be the same as in C-1 Districts, except for assisted living facilities, senior independent housing, and skilled nursing facilities.  The side yard for senior independent housing shall each not be less than five (5) feet.  The side yard for assisted living facilities or skilled nursing facilities shall each be not less than ten (10) feet or thirty (30) feet if located adjacent to a State or U.S. highway.

3. Rear yards: regulations shall be the same as in C-1 Districts.

6. Signs. The regulations for signs shall be the same as required for C-1 Districts.

7. Maximum Building Height. No building shall exceed a height of Thirty-Five (35) feet above ground level, except as hereinafter provided in subparagraphs (1) and (2). The term "above ground level" shall mean the actual height of the building measured from the sidewalk level, or equivalent established grade, to the highest part of the building, specifically excluding therefrom those exceptions contained in §154.173.

1. The maximum height of a building above ground level may be exceeded where the lot upon which the building is located or to be constructed provides for one (1) foot of additional building setback, on the front, side and rear yards, for each additional foot of height above ground level of the building; provided, however, the height of the building above grade level may in no instance exceed Sixty (60) feet. No assisted living facility, senior independent housing, or skilled nursing facility may exceed thirty-five (35) feet above ground level.

2. Any building or structure that exceeds thirty-five (35) feet in height shall provide a hard surface fire access road or lane located in close proximity to the building or structure, which fire access road or lane shall be of sufficient width to allow for access and staging of emergency vehicles thereon.

8. Automobile storage or parking space. There shall be adequate off-street parking and loading provisions in accordance with § 154.172.

(Ord. 1536, passed 11-2-87; Am. Ord. 1541, passed 3-21-88; Am. Ord. 1763, passed 12-21-92; Am. Ord. 1790, passed 5-24-93; Am. Ord. 1977, passed 2-5-96; Am. Ord. 2274, passed 2-5-01; Am. Ord. 2377, passed 5-6-02; Am. Ord. 2402, passed 9-3-02; Am. Ord. 2471, passed 9-15-03; Am. Ord. 2713, passed 1-2-07) Penalty, see § 154.999

 

§ 154.093  C-3 DISTRICTS.

 

The service district is designed primarily to furnish areas served by general retail districts with necessary services and goods not allowed in general retail districts because they are incompatible with the uses permitted in the general retail districts.

1. Uses permitted.

1. Any use permitted in C-1 and C-2 Districts.

2. Additional uses shall be the following:

Artisans in ceramics and nonferrous metals.

Animal hospitals and veterinary clinics without outside kennels.

Auction rooms.

Boat sales.

Building material establishments, dimension lumber, millwork, cabinets and other building materials; provided that no milling, planing, jointing, or manufacturing of millwork shall be conducted on the premises.

Bus depots.

Cartage and express facilities providing storage of goods, motor trucks, and other equipment, if in enclosed structures.

Caskets and casket supplies.

Clubs and lodges: private, fraternal or religious.

Contractors or construction offices and shops such as building, concrete, electrical, masonry, painting, plumbing, refrigeration, and roofing.

Dry cleaning and laundry establishments, commercial.

Exterminating shops.

Garages, public, for storage, repair, and servicing of automobiles, and trucks, including body repair and painting, but not including auto wrecking yards.

Greenhouses or nurseries.

Garden supply and feed stores.

Ice storage.

Laboratories, medical and dental research and testing.

Machinery sales, including farm machinery sales.

Machinery, equipment, and vehicle rental.

Mail order houses.

Meat markets, including the sale of meats and meat products to restaurants, hotels, clubs, or other similar establishments.

Meat processing without slaughtering and food lockers.

Miniature golf courses.

Motorcycle sales and service.

Motor vehicle and equipment sales and service.

Open sales lots.

Orthopedic and medical appliance stores, but not including the assembly or manufacture of such articles.

Packaging and crating.

Printing and publishing establishments.

Public garages, including new and used car sales rooms.

Recording studios and radio stations.

Research laboratories.

Sheet metal shops.

Storage and warehousing, and wholesale establishments.

                        Trailer sales.

2. Special uses. The following uses are permitted as special uses when authorized by the City Council after a public hearing and recommendation by the Planning Commission.

1. Those special uses permitted in C-1 and C-2 districts.

2. Drive-in theaters.

3. Electric and telephone substations and other governmental and utility service uses.

4. Light assembling and packaging of materials, goods and products provided entirely within enclosed buildings.

5. Mobile homes and trailer courts provided that the water and sanitary facilities furnished conform to the requirements of the State Health Department.

6. Outdoor recreation and amusement establishments, including shooting ranges, motorized racing tracks, and mechanical rides.

3. Floor area ratio. Floor area ratios shall not exceed 1.2, except for assisted living facilities, senior independent housing, or skilled nursing facilities.  The floor area ratio for those uses shall not exceed one (1.0).

4. Required area. Regulations governing lot area in C-1 Districts shall apply, except for assisted living facilities, senior independent housing, or skilled nursing facilities.  Senior independent housing facilities shall have an area of at least one (1) acre and an average of at least four thousand five hundred (5,500) square feet of lot area per dwelling unit.  Each assisted living facility or skilled nursing facility containing units of five hundred (500) square feet or less shall be erected on a lot having an area of at least one (1) acre, of not less than two thousand (2,000) square feet per unit, and a lot width of not less than seventy-five (75) feet.  Each assisted living facility or skilled nursing facility containing units of mew than five hundred (500) square feet shall be erected on a lot having an are of at lease one (1) acre, of not less than (2,500) square feet per unit, and a lot width of not less than seventy-five (75) feet.

5. Required yards:

1. Front yards: None, except for assisted living facilities, senior independent housing, or skilled nursing facilities.  The front yard for those uses shall be not less than twenty-five (25) feet.

2. Side yards: there shall be provided a side yard along any side lot line which adjoins a residence district; its width shall not be less than ten (10) feet and it shall not contain off-street parking and loading facilities. The side yard for senior independent housing shall each not be less than five (5) feet.  The side yard for assisted living facilities or skilled nursing facilities shall each not be less than ten (10) feet or thirty (30) feet if located adjacent to a State or U.S. highway.

3. Rear yards: regulations governing rear yard requirements in C-1 Districts shall apply, except that where the rear yard adjoins another business property and where loading and unloading space is located elsewhere on the property, where the building is not more than one (1) story in height the rear yard may be reduced five (5) feet, and except for assisted living facilities, senior independent housing, or skilled nursing facilities.  The rear yard for those uses shall not be less than twenty (20) feet.

6. Off-street parking and loading. There shall be adequate off-street parking and loading provisions in accordance with § 154.172.

7. Maximum Building Height. No building shall exceed a height of Eighty (80) feet above ground level, except as hereinafter provided in subparagraphs (1) and (2). No assisted living facility, senior independent housing, or skilled nursing facility shall exceed a height of thirty-five (35) feet above ground level. The term "above ground level" shall mean the actual height of the building measured from the sidewalk level, or equivalent established grade, to the highest part of the building, specifically excluding therefrom those exceptions contained in §154.173.

1. The maximum height of a building above ground level may be exceeded where the lot upon which the building is located or to be constructed provides in the final plat thereof for one (1) foot of additional building setback, on the front, side and rear yards, for each additional foot of height above ground level of the building; provided, however, the height of the building above grade level may in no instance exceed one hundred (100) feet.

2. Any building or structure that exceeds thirty-five (35) feet in height shall provide a hard surface fire access road or lane located in close proximity to the building or structure, which fire access road or lane shall be of sufficient width to allow for access and staging of emergency vehicles thereon.

(Ord. 1536, passed 11-2-87; Am. Ord. 1763, passed 12-21-92; Am. Ord. 1977, passed 2-5-96; Am. Ord. 2055, passed 12-16-96; Am. Ord. 2137, passed 7-20-98; Am. Ord. 2274, passed 2-5-01; Am. Ord. 2377, passed 5-6-02; Am. Ord. 2402, passed 9-3-02; Am. Ord. 2471, passed 9-15-03; Am. Ord. 2713, passed 1-2-07) Penalty, see § 154.999

 

INDUSTRIAL DISTRICTS

 

§ 154.105  PURPOSE.

 

The manufacturing districts set forth in this subchapter are established to protect public health, safety, comfort, convenience, and the general welfare and to protect the economic base of the city, as well as the value of real estate, by regulating manufacturing development in appropriate locations. These general objectives include, among others, the following specific objectives:

1. To protect established residential areas and the health of families living therein, by restricting those nearby manufacturing activities which may create offensive noise, vibration, smoke, dust, odors, heat, glare, fire hazards, and other objectionable influences to those areas which are appropriate therefor.

2. To provide adequate space in appropriate locations for most types of manufacturing and related activities so that the economic structure of the community may be strengthened; and that employment opportunities may be found in the interest of public prosperity and welfare.

3. To provide more space for manufacturing activities in locations accessible to rail and highways, so that the movement of raw materials, finished products and employees can be carried on efficiently and with a minimum of danger to public life and property.

4. To establish proper standards of performance which will restrict obnoxious manufacturing activities, while at the same time encourage and permit the manufacturing activities which have adopted facilities for the processing of finished products without adversely affecting the health, happiness, safety, convenience, and welfare of the people living and working in nearby areas.

5. To protect manufacturing districts from incompatible uses of land by prohibiting the use of such space for nonresidential development, thereby preserving the land for a more appropriate use in accordance with the plans for city improvement and development.

6. To promote the most desirable use of land in accordance with the Comprehensive Plan of the city, to conserve the use of property, to promote stability of manufacturing activities and related development, and to protect the character and established development in each area of the community; to enhance and stabilize the value of land and to protect the tax base of the city.

(Ord. 1536, passed 11-2-87)

 

§ 154.106  PERFORMANCE STANDARDS.

1. Noise.

1. Application of noise performance standards. Any use established in an Industrial District shall be so operated as to comply with the performance standards governing noise set forth hereinafter for the district in which such use shall be located. No use already established on the effective date of this section shall be so altered or modified as to conflict with or further conflict with the performance standards governing noise established hereinafter for the district in which such use is located. Objectionable sounds of an intermittent nature shall be controlled so as not to become a nuisance to adjacent use. All uses, existing or proposed, shall be operated in conformance with the applicable requirements embodied in the regulations of the Illinois Administrative Code, Title 35 - Environmental Protection, Subtitle H - Noise Pollution, as amended from time to time.

2. Method of measurements of noise level. Sound measured with a sound level meter and associated octave band filter, manufactured in compliance with standards described by the American Standards Association. Measurement shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed provided that such noises shall be capable of being accurately measured with such equipment. Noises capable of being so measured shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minimum two (2) decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.

3. Limitations on noise levels: Noise in I-1 and I-2 District. At no point on the boundary of a residence or business district shall the sound intensity level of any individual operation or plant (other than the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown in Table 1 set forth hereinafter for districts indicated:

Octave Band Cycles Per Second	All Residential Districts	Sound Level In Decibels B1, B2 and B3
37.5 to 75	58	73
75.5 to 150	54	69
150 to 300	50	65
300 to 600	46	61
600 to 1200	40	55
1200 to 2400	33	48
2400 to 4800	26	41
Over 4800	20	35

4. Method of measurement. Measurement is to be made at the nearest boundary of the nearest residential area or at any other point along the boundary where the level is higher. The sound levels shall be measured with a sound level meter and associated octave band filter as prescribed by the American Standards Association.

2. Smoke and particulate matter.

1. In addition to the performance standards specified hereinafter, the emission of smoke or particulate matter in such a manner or quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful. All uses, existing or proposed, shall be operated in conformance with the applicable requirements embodied in the regulations of the Illinois Administrative Code, Title 35 - Environmental Protection, Subtitle B - Air Pollution, Section 212.

2. The emission from all sources within any lot area during any one (1) hour period of particulate matter containing more than ten percent (10%) by weight of particles having a particle size larger than forty four (44) microns is prohibited.

3. Dust and other type of air pollution borne by the wind from such sources as storage areas, yards, streets, and so forth within lot lines shall be kept to a minimum by appropriate landscaping, oiling, or other acceptable means.

4. For the purpose of grading the density of smoke, the Ringlemann Chart currently published and used by the United States Bureau of Mines shall be employed. The emission of smoke particulate matter of density equal to or greater than #3 on the Ringelmann Chart is prohibited at all times except as otherwise provided hereinafter.

5. The location within lot lines of smoke stacks shall be determined as follows:

1. Where total emission per use, the number of stacks being optional is up to fifteen (15) smoke units per hour, the following standards apply:

1. Smoke stack setback from lot lines on all sides.

2. Where the lot abuts a highway as designated on the zoning map the setback line shall be at least one hundred (100) feet from the nearest right-of-way.

2. Where the lot abuts a major street as designated on the zoning map, the setback line shall be at least sixty (60) feet from the nearest right-of-way line; except as provided in division (B) (5) (d) of this section.

3. Where the lot abuts a minor street as designated on the zoning map, the setback line shall be at least fifty (50) feet from the nearest right-of-way line; except as provided in division (B) (5) (d) of this section.

4. Where the lot abuts a street with a right-of-way width of less than seventy (70) feet the setback line shall be at least eighty five (85) feet from the centerline of such right-of-way.

5. Where the lot abuts a storm or floodwater channel or basin, the setback line shall be at least fifty (50) feet from the nearest shoreline or floodwater line.

6. During one (1) hour period in each twenty four (24) hour period, each stack may emit up to thirty (30) smoke units when blowing soot or cleaning fires with no more than eight (8) minutes of smoke density of Ringelmann #2. Only during such fire cleaning periods shall smoke of a density of Ringelmann #3 be permitted, and then not for a period in excess of four (4) minutes. Where total smoke emission per use, the number of stacks being optional is sixteen (16) to thirty (30) smoke units per hour, the following standards apply:

1. Smoke stack setback from lot lines on all sides two hundred fifty (250) feet.

2. During one (1) hour period in each twenty four (24) hour period each stack may emit up to forty five (45) smoke units when blowing soot or cleaning fires with no more than eight (8) minutes of smoke of density of Ringelmann #2. Only during such fire cleaning periods shall smoke of a density of Ringlemann #3 be permitted and then not for a period in excess of four (4) minutes.

3. Toxic or noxious matter. Any use established in an industrial district shall be so operated as to comply with the performance standards governing emission of toxic or noxious matter set forth hereinafter. No use shall for any period of time discharge across the boundaries of the lot to the surface water, soil groundwater, or air of the lot wherein it is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, welfare, or cause injury or damage to property or business.

4. Odors.

1. Any use established in an industrial district shall be operated as to comply with the performance standards governing odorous materials set forth hereinafter. No use already established on the effective date of this section shall be so altered or modified as to conflict with, or further conflict with, the performance standards governing odorous materials established hereinafter.

2. In all industrial districts, the emission of odorous matter in such quantities as to produce nuisance or hazard beyond lot lines is prohibited. In determining such offensive odors, Table III (Odor Thresholds) in Chapter 5 of the Air Pollution Abatement Manual (copyright 1951) by Manufacturing Chemists Assoc., Inc. Washington, D.C., shall serve as a guide. All uses shall be operated in conformance with the applicable requirements embodied in the regulations of the Illinois Administrative Code, Title 35 - Environmental Protection, Subtitle B - Air Pollution, Section 245.

5. Fire and explosion hazards.

1. The storage, use, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

2. The storage, use, or manufacture of solid materials or products ranging from free to active burning, to intense burning is permitted; provided the said materials shall be stored, used, or manufactured within completely enclosed buildings having incombustible exterior walls, and protected throughout by an effective automatic fire extinguishing system; or said materials may be stored outdoors with at least fifty (50) feet clearance from all lot lines.

3. The storage, use, or manufacture of flammable liquids or materials which produce flammable or explosive vapors or gases, shall be permitted in accordance with the regulations of the State Fire Marshal.

6. Vibration limitations. Notwithstanding any other provisions of this chapter, any use permitted in this District creating intense earth-shaking vibrations such as are created by heavy drop forges, shall be set back at least five hundred (500) feet from the lot lines of such use on all sides.

7. Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence or wall, in such a manner as to be undetectable without instruments from any point along lot lines.

(Ord. 1536, passed 11-2-87) Penalty, see § 154.999

 

§ 154.107  I-1 DISTRICTS.

1. Uses permitted:

1. Light manufacturing, fabricating, assembling, packaging, repairing, servicing, and processing of material, goods and products provided entirely within enclosed buildings.

2. Animal hospitals, veterinary clinics, and pounds with outside kennels.

3. Bottling works, steam laundries, dry cleaning plants, blacksmith shops.

4. Dog kennels.

5. Lumber, wood, feed, or other similar storage yards.

6. Riding academies and public stables.

2. Special use. The following uses are permitted as special uses when authorized by the City Council after a public hearing and recommendation by the Planning Commission:

1. Any use not listed above which is permitted in C-2 and C-3 Districts.

2. Airports and heliports.

3. Bulk storage, sale, and distribution of flammable liquids, fats, or oils in tanks.

4. Bus or truck garage, yards, docks, terminals and transfer points.

5. Day care facilities, subject to such restrictions, requirements, and limitations as may be deemed proper under the circumstances.

3. Floor area ratio. The floor area ratio on a lot shall not exceed 2.0.

4. Yards required. Yards of the following minimum depths shall be provided:

1. Front yards shall be not less than twenty five (25) feet.

2. Side yards shall be not less than ten (10) feet.

3. Rear yard shall be not less than twenty five (25) feet.

4. When adjoining a residence district any side or rear yard shall not be less than twenty five (25) feet and a solid wall or solid fence shall be provided along the property line. Such fences or wall shall be uniformly painted, and in no case shall be less than six (6) feet high or more than seven (7) feet high.

5. Maximum Building Height. No building shall exceed a height of Eighty (80) feet above ground level, except as hereinafter provided in subparagraphs (1) and (2). The term "above ground level" shall mean the actual height of the building measured from the sidewalk level, or equivalent established grade, to the highest part of the building, specifically excluding therefrom those exceptions contained in §154.173.

1. The maximum height of a building above ground level may be exceeded where the lot upon which the building is located or to be constructed provides in the final plat thereof for one (1) foot of additional building setback, on the front, side and rear yards, for each additional foot of height above ground level of the building; provided, however, the height of the building above grade level may in no instance exceed one hundred (100) feet.

2. Any building or structure that exceeds thirty-five (35) feet in height shall provide a hard surface fire access road or lane located in close proximity to the building or structure, which fire access road or lane shall be of sufficient width to allow for access and staging of emergency vehicles thereon.

6. Automobile storage or parking space. Adequate off-street parking in accordance with the provisions of § 154.172.

7. Accessory uses permitted:

1. Outside storage of raw materials, work in process inventory, finished goods inventory, and supplies is a permitted use accessory to the main use of the property; provided, however, that such outside storage shall be limited and conditioned as follows:

1. Such outside storage must be limited to an area no greater in size than the floor area of the first floor of the enclosed buildings on the parcel.

(Ord. 1536, passed 11-2-87; Am. Ord. 1763, passed 12-21-92; Am. Ord. 1975, passed 1-8-95; Am. Ord. 1977, passed 2-5-96; Am. Ord. 2274, passed 2-5-01; Am. Ord. 2377, passed 5-6-02; Am. Ord. 2402, passed 9-3-02) 
Penalty, see § 154.999

 

§ 154.107A  I-1A DISTRICTS.

1. Uses permitted. The following uses shall be permitted in I-1A districts; provided, however, that no outside storage of any kind or nature shall be permitted or allowed in such I-1A district in connection with any of the permitted uses:

1. Light manufacturing, fabricating, assembling, packaging, repairing, servicing, and processing of material, goods, and products provided entirely within enclosed buildings.

2. Floor area ratio.  The floor area ratio on a lot shall not exceed 2.0.

3. Yards required. Yards of the following minimum depths shall be provided:

1. Front yards shall be not less than twenty five (25) feet.

2. Side yards shall be not less than ten (10) feet.

3. Rear yards shall be not less than twenty five (25) feet.

4. When adjoining a residence district any side or rear yard shall not be less than twenty five (25) feet and a solid wall or solid fence shall be provided along the property line. Such fences or wall shall be uniformly painted, and in no case shall be less than six (6) feet high or more than seven (7) feet high.

4. Maximum Building Height. No building shall exceed a height of Eighty (80) feet above ground level, except as hereinafter provided in subparagraphs (1) and (2). The term "above ground level" shall mean the actual height of the building measured from the sidewalk level, or equivalent established grade, to the highest part of the building, specifically excluding therefrom those exceptions contained in §154.173.

1. The maximum height of a building above ground level may be exceeded where the lot upon which the building is located or to be constructed provides in the final plat thereof for one (1) foot of additional building setback, on the front, side and rear yards, for each additional foot of height above ground level of the building; provided, however, the height of the building above grade level may in no instance exceed one hundred (100) feet.

2. Any building or structure that exceeds thirty-five (35) feet in height shall provide a hard surface fire access road or lane located in close proximity to the building or structure, which fire access road or lane shall be of sufficient width to allow for access and staging of emergency vehicles thereon.

5. Off-street parking. Adequate off-street parking in accordance with the provisions of § 154.172.

(Ord. 1975, passed 1-8-96; Am. Ord. 2402, passed 9-3-02)

 

§ 154.108   I-2 DISTRICTS.

1. Permitted uses.

1. The uses permitted in this District generally include those manufacturing and industrial activities which cannot be operated economically without creating some conditions which may be objectionable or obnoxious to the occupants of adjoining properties and for that reason must be grouped in areas where similar industrial uses are located, or where permitted uses will be best located in accordance with the Comprehensive Plan of the city, which is designed to protect the welfare of the community. Therefore, the following uses are hereby permitted; provided, that full compliance with the performance standards hereinafter set forth shall be established and constantly maintained, and provided further that all such uses shall be on a minimum lot size of one (1) acre.

2. Manufacturing, fabricating, assembly, and processing of materials, articles, and products which are prohibited in I-1 District but which are not prohibited by the performance standards herein established for I-2 District, and which are not otherwise prohibited or restricted.

1. Any use which may be allowed in I-1 District as a special use, except no residential use shall be permitted in I-2 District.

2. Any manufacturing, processing, and treatment of materials and goods and products which require the use of large quantities of water, produce large quantities of waste material of which involve the disposal, into public sewers or otherwise of any quantities of toxic, noxious, corrosive, or explosive.

3. Incinerators for household waste disposal.

4. Manufacturing, processing, and bulk storage of noxious, toxic, corrosive, and explosive solid, liquid, or gaseous chemicals, including fireworks manufacturing.

5. Extraction and processing of mineral products including ore, stone, sand, gravel, clay, topsoil, cement, lime, plaster, asbestos, fertilizer, and abrasives.

6. Lumber mills, sawmills, planing mills, and flour or grain mills.

7. Manufacturing and processing of coal, petroleum, tar and asphalt products, including coke, illuminating gas, linoleum oilcloth, roofing material, and asphalt tile.

8. Ore smelters, foundries, blast and open hearth furnaces, bessemer converters, metal ingot, plate, tube, and wire and strip mills.

9. Processing of animal and vegetable products such as tanneries, distilleries, breweries, slaughterhouses, rendering plants, glue, soap, paint and varnish manufacturers, wool and textile scouring, sizing, bleaching, and dyeing.

10. Salvage yards, coal yards, or junk yards.

11. Seed processing establishments.

2. Special uses. The following uses are permitted as special uses when authorized by the City Council after a public hearing and recommendation by the Planning Commission:

1. Ammonia, bleaching powder, or chlorine manufacture.

2. Carbon manufacture.

3. Celluloid manufacture.

4. Coal distillation.

5. Coke ovens.

6. Distillation of tar.

7. Explosives, fireworks, and gunpowder manufacture or storage.

8. Fat rendering.

9. Grease, lard, or tallow manufactured or refined from animals.

10. Hair manufacture.

11. Incineration, reduction, storage, or dumping of slaughter-house refuse, rancid fats, dead animals, or offal.

12. Petroleum manufacture.

3. Floor area ratio. The floor area ratio on a lot shall not exceed 5.0.

4. Yards required. Yards of the following minimum depths shall be provided:

1. Front yards shall be the same as required in I-1 Districts.

2. Side yards shall be the same as required in I-1 Districts.

3. Rear yards shall be the same as required in I-1 Districts.

5. Automobile storage or parking space. Adequate off-street parking in accordance with the provisions of § 154.172.

6. Maximum Building Height. No building shall exceed a height of Eighty (80) feet above ground level, except as hereinafter provided in subparagraphs (1) and (2). The term "above ground level" shall mean the actual height of the building measured from the sidewalk level, or equivalent established grade, to the highest part of the building, specifically excluding therefrom those exceptions contained in §154.173.

1. The maximum height of a building above ground level may be exceeded where the lot upon which the building is located or to be constructed provides in the final plat thereof for one (1) foot of additional building setback, on the front, side and rear yards, for each additional foot of height above ground level of the building; provided, however, the height of the building above grade level may in no instance exceed one hundred (100) feet.

2. Any building or structure that exceeds thirty-five (35) feet in height shall provide a hard surface fire access road or lane located in close proximity to the building or structure, which fire access road or lane shall be of sufficient width to allow for access and staging of emergency vehicles thereon.

7. Performance standards shall be the same as those required in I-1 Districts; standards are stated in § 154.106.

8. Accessory uses permitted;

1. Outside storage of goods and materials.

(Ord. 1536, passed 11-2-87; Am. Ord. 1763, passed 12-21-92; Am. Ord. 1975, passed 1-8-96; Am. Ord. 2274, passed 2-5-01) Penalty, see § 154.999

 

SPECIAL USES

 

§ 154.120  PURPOSE.

 

The development and execution of this subchapter is based upon the division of the city into districts, within which districts the uses of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories:

1. Uses publicly operated or traditionally affected with a public interest; and

2. Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(Ord. 1536, passed 11-2-87)

 

§ 154.121  INITIATION OF SPECIAL USE.

 

Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or exclusive possessory interest which is specifically enforceable, may file an application to use land for one or more of the special uses provided in this subchapter in the zoning district in which the land is located. Any person who has a mere possessory interest and is entitled to exclusive possession for a period of less than five (5) years must have the person or persons having a freehold interest in the property join in the application.

(Ord. 1536, passed 11-2-87)

 

§ 154.122  APPLICATION FOR SPECIAL USE.

 

An application for a special use permit, except a planned development special use permit, shall be filed with the Code Enforcement Officer on a form prescribed by the Planning Commission. The application shall be accompanied by such plans or data prescribed by the Commission. The application shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in this subchapter. To partially defray the cost of this procedure, the applicant shall pay the sum of $100 to the City Clerk at the time of filing of the application.

(Ord. 1536, passed 11-2-87, Am. Ord. 2277, passed 3-5-01)

 

§ 154.123  HEARING ON APPLICANT.

 

Upon receipt in proper form of the application and statement referred to in this section, the Planning Commission shall hold at least one public hearing on the proposed special use. Not more than thirty (30) days or less than fifteen (15) days in advance of such hearing, notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city, as prescribed by applicable state statutes. Supplemental or additional notices may be published or distributed as the Commission may, by rule, prescribe from time to time. The Planning Commission shall submit their recommendations to the City Council within thirty (30) days of said public hearing.

(Ord. 1536, passed 11-2-87; Am. Ord. 1923, passed 6-19-95)

 

§ 154.124  AUTHORIZATION.

 

For each application for a special use permit, the Planning Commission shall recommend to the City Council the stipulations, additional conditions, and guarantees, that they feel are necessary for the protection of the public interest. The City Council may grant or deny any application for a special use.

(Ord. 1536, passed 11-2-87)

 

§ 154.125  STANDARDS.

 

No special use shall be recommended by the Planning Commission unless such Commission shall find:

1. That the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;

2. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood;

3. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

4. That adequate utilities, access roads, drainage, or necessary facilities have been or are being provided;

5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

6. That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the City Council pursuant to the recommendations of the Planning Commission; and

7. That where it is found a use not otherwise acceptable to the neighborhood in which located would be acceptable with certain conditions of use operation and improvement, the Planning Commission may recommend and the Council may require the granting of such nonconforming special use subject to specified conditions. Such conditions may include:

1. Landscape screening or fencing.

2. Hours of operation.

3. Night lighting (including parking areas) so as not to be annoying to surrounding properties.

4. Requirements for access lanes and parking areas to protect pedestrian safety.

5. Restraint on signage so as to be compatible with surrounding properties.

6. Limitation on outdoor storage.

7. Any other such requirements which, in the opinion of the Planning Commission or Council, would render the use compatible with surrounding properties.

8. If the special use is essentially residential (e.g., assisted living facility, senior independent housing facility, or skilled nursing facility), the requirement that the appropriate subdivision development and utility connection fees be paid.

(Ord. 1536, passed 11-2-87; Am. Ord. 2713, passed 1-2-07)

8. That when dealing with radio, television, telephone and similar communication towers/antennae, which exceed the height limitations of the zoning district in which it would be located, and their associated structures, the following additional special conditions must be met:

1. All applicable setback requirements and other requirements of a particular zoning district in which the tower is to be located, inclusive of all guylines and other associated structures, must be met, except for height restrictions;

2. The tower will be constructed to the minimum height necessary to serve its purpose;

3. That the tower's proposed location, height and configuration has received prior Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) approval;

4. That said tower is designed, approved and attested to by a qualified structural engineer, verifying the safety and viability of the tower;

5. The electronics and other operational apparatus to be attached to the tower must be certified by a qualified electronics engineer that said electronics and other operational apparatus will not interfere with other radio and television signals or other electronic devices or apparatus;

6. All towers must meet the minimum lighting requirements by the FAA and FCC and such lighting must be shielded, to the extent possible, to prevent illumination of the ground below.

7. Antenna support structures must be constructed from one of the following materials: aluminum, galvanized steel, or equally weather resistant materials. All ground mounted antenna support structures exceeding thirty five (35) feet in height shall be mounted in concrete and erected in such a manner so as to conform with ANSI/EIA-222-E for minimum basic wind speed for the locale, with one-half (½) inch radial ice load.

8. All antenna support structures, whether ground or roof mounted, shall be properly grounded to adequately protect against a direct strike of lightning, in conformance with ANSI/EIA standards.

9. The Planning Commission and City Council shall consider the following factors in determining whether or not a special use for a tower/antenna should be granted:

1. Existing uses and zoning of nearby property;

2. The extent to which property values are diminished by the tower/antenna in question; 

3. The relative gain to the public as compared to the hardships imposed on the individual property owners;

4. The suitability of the property for the tower/antenna;

5. The public need for the tower/antenna; and

6. Those aesthetic considerations which bear substantially on the economic, social, and cultural patterns of nearby property.

(Ord. 1763, passed 12-21-92)

 

§ 154.126  TERMINATION OF SPECIAL USES.

 

The discontinuation, abandonment, or enlargement of any special use, or any violation of the conditions, stipulations, or guarantees applicable to any special use shall cause the special use to terminate instantly and without notice. In the event of said termination, the only uses allowed on the land previously subject to the special use shall be the uses permittable in the applicable zoning classification. 

(Ord. 1536, passed 11-2-87)

 

SIGNS

 

§ 154.140  PURPOSE.

 

There is a significant relationship between the manner in which signs are displayed and public safety, and the stability of the economic value of adjoining property. The reasonable display of signs is necessary as a public service and to the conduct of competitive commerce and industry. The regulations in this subchapter establish minimum standards for the display of signs in direct relationship to the functional use of property as permitted within the zoning districts which are provided in this subsection. 

(Ord. 2033, passed 9-3-96)

 

§ 154.141  DEFINITIONS.

 

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

 

AREA OF SIGN. The area of the sign is the entire area within a continuous perimeter enclosing the extreme limits of sign display, including any frame or border. However, it shall not include any structural elements lying outside the limits of such display area and not forming an integral part of the display. The calculation for a double-faced sign shall be the area of one face only.

 

AWNING OR CANOPY SIGN. A sign painted, stamped, stitched or otherwise applied on the valance of an awning.

 

BANNER. A long, narrow sign made from canvas, paper or other lightweight material secured or mounted on a wall on at least two sides or attached to a permanent existing structure. Said structure shall include, but shall not be limited to, fences, buildings, light poles and sign poles.

 

BILLBOARD. A sign which advertise goods, products, or services not sold on the premises on which the sign is located.

 

COPY. Any display or message on a sign surface containing wording, numbers, symbols, or graphics and intended for visual communication.

 

ELECTRONIC MESSAGE BOARD. Any sign or portion of a sign whose display information can be systematically changed or altered on a panel composed of electrically illuminated segments. An electronic message board shall not be considered a flashing sign.

 

FLAG. A sign made from canvas, paper or other lightweight material secured or mounted on one side as to allow movement by the wind.

 

FLASHING SIGN. Any sign directly or indirectly illuminated where the source of illumination flashes on or off, winks or blinks with varying light intensity or color, shows motion or creates the illusion of motion or revolves in a manner to create the illusion of being on or off.

 

FRONTAGE. All sides of a lot abutting a street right-of-way shall be considered frontage.

 

FREE STANDING OR GROUND SIGN. Any sign supported by one (1) or more upright poles, columns or braces placed in or on the ground and not attached to any building or structure.

 

ILLUMINATED SIGN. Any sign which has characters, letters, figures designs or outline illuminated by electric lights, tubes or other means of illumination.

 

INFLATABLE SIGN. Any inflated balloon or lighter than air object greater than sixty four (64) cubic feet in volume and displayed more than six (6) feet above the ground.

 

LARGE BILLBOARD. A sign which advertises goods, products, or services not sold on the premises on which the sign is located up to a maximum of six hundred seventy-two (672) square feet.

 

MONUMENT SIGN. Any freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural features where the base of the sign structure is on the ground or a maximum of twelve (12) inches above ground.

 

            MOVING SIGN. Any sign or portion of a sign which structurally rotates, revolves, extends, retracts or otherwise is in motion in any manner.

 

NONCONFORMING SIGN. Any sign which was lawfully erected and maintained prior to such time as it came within the purview of this subsection and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this subsection; provided, however, such term shall not include any sign or other advertising structure which was erected or maintained in violation of any law or this subsection.

 

OBSOLETE SIGN. Any sign which advertises a business or product no longer for sale on the premises for a period of at least sixty (60) days.

 

OFF-PREMISE SIGN. Any sign which advertises a business which is not being conducted on or immediately adjacent to the premises on which the sign is located.

 

PERMANENT SIGN. Any wall sign, free standing or ground sign, roof sign, awning or canopy sign designed and constructed to be a fixed in place sign for the specific purpose intended. Temporary sign(s) shall not be converted to permanent signs.

 

POLITICAL SIGN. Signs or posters announcing candidates seeking public political office in any local, state, or national election.

 

PORTABLE SIGN. Any sign not permanently affixed to the ground or a building including but not limited to sandwich board signs, chalkboard signs, message boards and any sign attached to or displayed on a vehicle that is used for the express purpose of advertising a business establishment, product, service or entertainment, when the vehicle is so parked as to attract the attention of the motoring or pedestrian traffic.

 

PROJECTING SIGN. Any sign attached to a building that projects from the wall or face of the building more than fifteen (15) inches.

 

ROOF SIGN. Any sign erected upon, against, or directly above a roof, or on top or above the parapet or on a functional architectural appendage above the roof.

 

SIGHT TRIANGLE. The imaginary triangular area formed by the intersecting lot lines nearest the street intersection, and a straight line joining said lot lines at points which are twenty (20) feet from the point of intersecting lot lines.

 

SIGN. Any structure or device located outside a building designed for visual communication intended to convey information to the public in written or pictorial form.

 

SMALL BILLBOARD. A sign which advertises goods, products, or services not sold on the premises on which the sign is located up to a maximum of sixty-four (64) square feet.

 

TEMPORARY SIGN. Any sign constructed of cardboard, cloth, canvas, fabric, wood or other temporary material, with or without a structural frame, and intended for a limited period of display including but not limited to flags, balloons, banners, pennants, and portable signs.

 

WALL SIGN. Any sign painted or attached to the outside of a building, erected parallel to the wall to which it is attached.

(Ord. 2033, passed 9-3-96; Am. Ord. 2599, passed 3-21-05; Am. Ord. 2941, passed 6-20-11)

 

§ 154.142  SIGN PERMIT REQUIRED; EXEMPTION.

1. No sign may be constructed, erected, remodeled, relocated, or expanded until a sign permit is obtained in accordance with the following sections in this subchapter. No sign permit shall be issued for any sign unless the sign is accessory to a permitted use and the sign is permitted by, and complies with the regulations of this subchapter.  However, the following types of signs are exempt from the permit requirements and from the regulations of this subchapter, except § 154.150(A).

1. Flags or emblems of a government or of a political, civic, philanthropic, educational, or religious organization, displayed on private property;

2. Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, and warnings at railroad crossings;

3. Address numerals and other signs required to be maintained by law or governmental order, rule, or regulation; provided that the content and size of the sign do not exceed the requirements of such law, order, rule, or regulation;

4. Small signs, not exceeding two (2) square feet in area, displayed on private property for the convenience of the public, including signs to identify restrooms, freight entrances, and the like;

5. Flags, streamers, placards, pennants not exceeding six (6) square feet in area, and small balloons not exceeding five cubic feet in volume.

6. Temporary signs, banners, and displays for special church, school, institutional, civic, or community events that are erected outside public right-of-way for a period no more than sixty (60) days prior and three (3) days after the scheduled event.

7. Welcome signs erected outside public right-of-way near major community entrances that contain no advertising other than participating groups or organizations. Such signs shall be subject to the review and approval of the City Council prior to construction.

(Am. Ord. 2599, passed 3-21-05)

2. The following types of signs are exempt from the permit requirement, but must comply with all of the other regulations of this subchapter:

1. Signs permitted by § 154.149 of this chapter; and

(Ord. 2033, passed 9-3-96; Am. Ord. 2599, passed 3-21-05) Penalty, see § 154.999

 

§ 154.143  APPLICATION FOR PERMIT.

 

Application for a sign permit shall be filed by the owner of the sign or his agent with the Code Enforcement Officer. The application shall contain the following information:

1. Name, address, and telephone number of the owner of the sign, and agent, if any;

2. Location of building, structure, or lot to which or upon which the sign is to be attached or erected:

3. Position of the sign in relation to nearby buildings or structures;

4. Two (2) prints or drawings of the plans and specifications indicating the method of construction and attachment to the buildings or in the ground except for banner, inflatable, and temporary sign permits;

5. Name of person, firm, corporation, or association erecting sign;

6. Evidence of written consent of the owner of the building, structure, or land to which or on which the sign is to be erected; and

7. Such other information as the Code Enforcement Officer shall require to show full compliance with this and all other laws and ordinances of the city.

(Ord. 2033, passed 9-3-96)

 

§ 154.144  PERMITS.

1. A permit shall be issued for each sign by the Code Enforcement Officer relative to the provisions of this subchapter.

2. Sign permits granted under the terms of this subchapter are not transferable.

3. If the work authorized under a sign permit to build has not been substantially completed within six (6) months after the date of issuance, the permit shall become void and a new permit is required.

4. The changing of the advertising copy or message on an approved painted sign or on changeable letter panels or bulletin boards specifically designed for the use of replaceable copy and painting, repainting, cleaning and other normal maintenance and repair of a sign structure shall not be considered as creating a sign and shall not require a sign permit.

5. The Code Enforcement Officer is authorized and empowered to revoke any permit issued by him if the holder of the permit fails to comply with any provision of this subchapter.

(Ord. 2033, passed 9-3-96)

 

§ 154.145  FEES.

 

For each sign requiring a permit under this subchapter, a fee shall be paid at the time of the issuance of a permit. The fee charged for the various types of signs shall be as follows:

1. The fee for each portable sign shall be seventy five dollars ($75.00) for a one (1) calendar year permit;

2. The fee for billboards shall be one hundred fifty dollars ($150.00) per billboard;

3. The fee for each banner shall be ($10.00) for a one (1) calendar year permit; and

4. The fee charged for all other signs requiring a permit shall be two dollars ($2.00) per one thousand dollars ($1,000.00) for fraction thereof of installed cost, with a minimum permit fee of ten dollars ($10.00).

(Ord. 2033, passed 9-3-96; Am. Ord. 2377, passed 5-6-02)

 

§ 154.146  INSPECTION UPON COMPLETION.

 

The applicant who has been issued a permit for construction, installation, erection, relocation, or alteration of a sign, shall upon completion of the work, notify the Code Enforcement Officer who shall inspect the condition of the sign with respect to its safety and location.

(Ord. 2033, passed 9-3-96)

 

§ 154.147  APPEALS.

 

Any person aggrieved by a decision of the Code Enforcement Officer relative to the provisions of this subchapter may appeal such decision to the Zoning Board of Appeals per § 154.211 of the Zoning Code.

(Ord. 2033, passed 9-3-96)

 

§ 154.148  GENERAL STANDARDS.

 

All signs hereafter painted, constructed, erected, remodeled, relocated, or expanded shall comply with the following standards:

1. No sign shall be constructed on or project into the public right-of-way except signs installed by public governmental agencies and those signs specifically permitted in this Chapter;

2. All signs and their supporting structures must be properly maintained and must be kept in good repair, and must, where applicable, be easily readable from the nearest public right of way;

3. Illuminated signs. Illuminated signs shall be shaded wherever necessary to avoid casting bright light upon property located in any residential district or upon any public street or park. Illuminated signs shall not be lighted in an obtrusive manner or create a nuisance;

4. Flashing or moving signs. No flashing or moving signs shall be permitted unless specifically allowed in this subchapter. No sign shall flash or move in an obtrusive manner or create a nuisance. No rotating beam, beacon, strobe, or similar types of illumination devices shall be allowed;

5. Sidewalk signs. Sandwich board signs, A-frame signs, easel signs, and similar sidewalk signs may be temporarily placed near the public right-of-way without a permit. Where a storefront meets the sidewalk, such signs may be placed on the sidewalk immediately adjacent to the main entrance. All sidewalk signs must satisfy the following requirements:

1. The sign is accessory to an existing business, commercial, or industrial use;

2. The sign does not exceed six (6) square feet in size and four (4) feet above ground level;

3. The sign is displayed during business hours only;

4. The sign does not impede pedestrian movement of vehicular visibility.

6. Signs in accessways. No sign shall block any required accessway;

7. Signs on vacant property. No sign shall be located on vacant property except a sign advertising the premises for sale or lease which meets the standards of § 154.149(B);

8. Signs on trees or utility poles. No sign shall be attached to a tree or utility pole whether on public or private property;

9. Building and electrical codes applicable. All signs must conform to the regulations and design standards of the applicable building codes. Wiring of all electrical signs must also conform to the applicable electrical codes;

10. Traffic safety. No sign shall be maintained at any location whereby reason of its position, size, shape, or color it may obstruct, impair, obscure, interfere with the view of traffic, or be confused with any traffic control sign, signal, or device, or where it may interfere with, mislead, or confuse traffic. Signs erected or constructed on a corner must observe the sight triangle requirements;

11. Obsolete signs. No sign shall be permitted which advertises a business or product that has not been for sale on the premises on which the sign is located for the last sixty (60) days. Said sign shall be removed or covered by the owner of the property; and

12. Portable signs. Portable signs except banners and flags will only be permitted or allowed if such portable sign satisfies all of the following requirements;

1. The business must have a permanent sign in order to permit or allow a portable sign;

2. The area of a portable sign may not exceed eighteen (18) square feet;

3. No flashing lights will be permitted or allowed on or in connection with the portable signs but said portable sign may be backlit;

4. There must be a message displayed on the portable sign;

5. No more than one (1) portable sign may be displayed on a single lot or parcel with a frontage of five hundred (500) feet or less. Lots or parcels with frontage over five hundred (500) feet that have multiple businesses on the same lot or parcel may have a total of two (2) portable signs; and

13. Banners. Banners will only be permitted or allowed if such banners satisfy all of the following requirements,

1. Banners displayed on the ground are not permitted;

2. Banners attached to poles, fences, buildings, light poles, sign poles, or any combination thereof, shall meet the following requirements:

1. The business or shopping center maintains a permanent sign that complies with the provisions of the City's Sign Ordinance;

2. No more than one (1) banner may be displayed on a single lot or parcel with a frontage of five hundred (500) feet or less. Lots or parcels with frontage over five hundred (500) feet that have multiple businesses on the same lot or parcel may have a total of two (2) banners; and

3. The area of the banner may not exceed sixty (60) square feet.

3. Banners displayed on the walls or roof of the business or shopping center are not permitted unless all of the following requirements are met:

1. The business or shopping center has a permanent sign that complies with all of the provisions of the Sign Ordinance of the city;

2. The area of the banners may not exceed sixteen percent (16%) of the wall or roof surface to which such banners are attached, and the total combined area of the banners and all other permanent signs on that wall or roof surface may not exceed twenty five percent (25%) of the area of the wall or roof surface to which the banners are attached.

3. Where a single building is devoted to two (2) or more businesses, commercial, or industrial uses, the operator of each such use may install such a banner; provided, however, the maximum area of each such banner shall be determined by determining the proportionate share of the building face (including doors and windows) of the principal building occupied by each such use and applying such proportion to the total sign area permitted on the wall of the building according to subparagraph (3) (b) of paragraph (M) of this section.

4. With regard to all permissible banners, each banner may be temporarily removed or replaced with a banner with a new message thereon from time to time without the necessity of obtaining a new sign permit therefor, provided that the area of the banner may not exceed the area of the banner for which the original sign permit was obtained and issued.

14. Flags. Flags do not require a permit, however will only be permitted or allowed if such flags satisfy all of the following requirements:

1. Flags are not permitted, unless all of the following conditions are met:

1. The business or shopping center maintains a permanent sign that complies with the provisions of the City's Sign Ordinance;

2. No more than two (2) such flags may be displayed on a single lot or parcel with a frontage of two hundred (200) feet or less. Lots or parcels with frontage between two hundred one (201) and five hundred (500) feet may have a total of four (4) flags. Lots or parcels with frontage between five hundred one (501) and one thousand (1,000) feet may have a total of six (6) flags. Lots or parcels with frontage over one thousand (1,000) feet may have a total of eight (8) flags; and

3. The area of each flag may not exceed thirty (30) square feet.

2. With regard to all permissible flags, each flag may be temporarily removed or replaced with a flag with a new message thereon from time to time, provided that the flags meet the above requirements.

15. Inflatables. Inflatables shall only be allowed to remain on the site for no more than thirty (30) calendar days per year.

16. Political signs. Temporary political signs shall not exceed twelve (12) square feet in residential districts and fifty (50) square feet in agricultural, commercial and industrial districts. Political signs may be placed only on private property with permission of the landowner or person in control of said property and do not require a permit. All political signs must be removed within seven (7) days after the election, except for signs displayed in residential districts, which shall have no restrictions on the time duration of display.

(Ord. 2033, passed 9-3-96; Am. Ord. 2377, passed 5-6-02; Am. Ord. 2471, passed 9-15-03; Am. Ord. 2599, passed 3-21-05; Am. Ord. 2913, passed 12-6-10; Am. Ord. 2941, passed 6-20-11) Penalty, see § 154.999

 

§ 154.149  SIGNS ACCESSORY TO RESIDENTIAL USES.

 

Each sign accessory to residential uses shall be set back from the street right of way line a distance at least half of the required minimum setback specified in the district regulations, except for street number identification sign: and signs permitted under divisions (B) and (C) of this section. No sign accessory to any residential use shall be permitted except in compliance with the following regulations: 

1. Name plate and identification signs shall be permitted subject to the following regulations;

1. For each single-family dwelling there shall be permitted one (1) name plate not exceeding one (1) square foot in area (excluding the area of the house number) indicating the name or address of the occupant and, where applicable, a professional status, but not to indicate a product or business;

2. For each multiple-family dwelling there shall be permitted one (1) non-illuminated identification sign not exceeding five (5) square feet in area located near the main entrance to the building and indicating only the name and address of the building and name of the owner or manager thereof; and

3. In connection with the construction or remodeling of a building there shall be permitted no more than two (2) non-illuminated signs, each such sign not exceeding thirty two (32) square feet in area, indicating the names of any or all of the architects, engineers, and contractors engaged in the construction thereof, on corner lots four (4) such signs, two (2) facing each street, shall be permitted. No such sign may be placed or located within five (5) feet of the lot line or property line of the lot, block, or parcel of property upon which such sign is located. Any signs permitted under this paragraph (A) (3) shall be removed by the person erecting the same within fourteen (14) days after the completion of the structure indicated.

2. For Sale and For Rent signs shall be permitted subject to the following regulations:

1. a.    For the sale or rental of real property, there may be no more than one (1) For Sale” or “For Rent” sign  per lot, except that on a corner lot two (2)such signs will be permitted, one (1) facing each street. No such “For Sale” or “For Rent” sign may exceed twelve (12) square feet in area, and no such sign shall be illuminated. Each such sign must be devoted solely to the sale or rental of the property being offered and must be removed within seven days following the sale or rental of the property.

2. In addition to one (1) “For Sale” or “For Rent” sign, there may be no more than one (1) “Open House” sign per lot, except that on a corner lot, two (2) such signs will be permitted, one (1) facing each street. Each such “Open House” sign may not exceed twelve (12) square feet in area and no such sign may be illuminated. Each such “Open House” sign must be devoted solely to the property being offered for sale and must be removed immediately upon the conclusion of the open house for that property.

3. In addition to one (1) “Open House” sign being permitted per lot, additional “Open House” signs may be placed at intersections leading to the subject house for up to four (4) days prior to the open house. All such “Open House” signs shall be placed on private property after the consent and permission of the owner thereof has been obtained, and no such sign shall be placed in city right-of-way. Such sign shall be removed immediately upon the conclusion of the open house; and

2. Where more than six (6) dwelling units (or lots for dwelling purposes) are offered for sale or rental by the same party, there shall be permitted one (1) sign facing each public street providing access to the property being offered.  Each such sign shall not exceed one hundred (100) square feet in area and must be devoted solely to the sale or rental of the property being offered, and must be removed within (7) seven days following the sale or rental of the last property offered at that location.

3. Garage sale and yard sale signs shall be permitted subject to the following regulations:

1. For temporary sales of merchandise on private property, there may be no more than one (1) "Garage Sale" or "Yard Sale" sign per lot or household, except that on a corner lot two (2) such signs will be permitted, one (1) facing each street. No such sign may exceed three (3) square feet in area, and no such sign may be illuminated.
2. Additional "Garage Sale" or "Yard Sale" signs may be placed at street intersections leading to the subject house. All such signs shall be placed on private property after the consent and permission of the owner has been obtained, and no such sign shall be placed in public right-of-way.
3. All such "Garage Sale" or "Yard Sale" signs may be displayed no more than four (4) days prior to the scheduled sale and must be removed immediately upon the conclusion of the sale.

4. Subdivision or development identification signs shall be permitted subject to the following regulations:

1. For developing subdivisions, there may be no more than one (1) off premise sign directing vehicles to the subdivision from a major arterial road or street within the city. Such sign must not exceed twelve (12) square feet in area and no such sign may be illuminated. Signs shall be placed on private property after the consent and permission of the owner thereof has been obtained. Each such sign must be devoted solely to directing persons and traffic to the subdivision being developed.
2. For subdivisions where a Preliminary Plat has been approved for ten (10) or more residential lots or dwelling units, there may be no more than one (1) permanent subdivision or development identification sign on each corner of each entry street not exceeding fifty (50) square feet in size each. Said sign must be placed on private property outside the public right-of-way and must comply with all other standards contained in this Chapter.
3. For assisted living facilities, senior independent housing, or skilled nursing facilities, there may be no more than one (1) permanent ground sign on each street entrance not exceeding fifty (50) square feet in size.  Said sign shall be placed on private property outside the public right-of-way and must comply with all standards contained in this Chapter. 

(Ord. 2033, passed 9 3 96; Am. Ord. 2599, passed 3-21-05; Am. Ord. 2713, passed 1-2-07) Penalty, see § 154.999

§ 154.150  SIGNS ACCESSORY TO BUSINESS, COMMERCIAL, OR INDUSTRIAL USES.

 

No sign accessory to any business, commercial, or industrial use shall be permitted, except in compliance with the following:

1. Wall signs. Wall signs shall be permitted subject to the following regulations:

1. Front wall signs are permitted on the front wall of any principal building. The total area of such sign or signs shall not exceed twenty five percent (25%) of the area of the front face (including doors and windows) of the principal building;

2. Side wall signs shall not exceed more than ten percent (10%) of the side of the principal building, including doors and windows and shall not be painted directly on the side of any building;

3. Rear wall signs shall be permitted on the rear wall of any principal building. The total area of such sign or signs shall not exceed twenty five percent (25%) of the area of the rear face (including doors and windows) of the principal building;

4. Where a single principal building is devoted to two (2) or more business, commercial, or industrial uses, the operator of each such use may install a wall sign. The maximum area of each sign shall be determined by determining the proportionate share of the front face (including doors and windows) of the principal building occupied by each such use and applying such proportion to the total sign area, permitted for the front wall of the building;

5. Wall signs shall not be projecting signs;

6. Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of nine (9) feet. Accessory lighting fixtures attached to a nonmetal frame sign shall maintain a clearance of nine (9) feet to the ground. In the event that a metal sign structure or accessory fixture herein described as grounded by the use of a grounding conductor run with the circuit conductors and said structure of fixture is also grounded by being bonded to a grounding electrode at the sign site, no clearance to grade shall be mandatory;

7. Wall signs may be gaseous type or may be illuminated by interior means of lighting of an intensity to prevent excessive glare, or by indirect lighting designed to flood only the area of the sign with light and to prevent light from being directed on surrounding property; and

8. Illuminated wall signs shall have shielded silhouette lighting or shielded spot lighting but shall not have any lighting where the light source itself is visible or exposed on the face or sides of the characters.

2. Ground signs. No more than one (1) ground sign may be displayed on a single lot or parcel with a frontage up to two hundred (200) feet. Lots or parcels with frontage between two hundred one (201) and five hundred (500) feet may have a total of two (2) ground signs.  Lots or parcels with frontage between five hundred one (501) and one thousand (1,000) feet may have a total of three (3) ground signs. Lots or parcels with frontage over one thousand (1,000) feet may have a total of four (4) ground signs.  All ground signs are subject to the following conditions:

1. All ground signs permitted by this section shall not project into the public right-of-way;

2. The total area of all ground signs shall not exceed one (1) square foot per foot of frontage, however the area of any ground sign shall not exceed one hundred sixty (160) square feet on either side;

3. No metal ground sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conductors in free air carrying more than forty eight (48) volts, whether or not these wires or conductors are insulated or otherwise protected;

4. The maximum height of the main body of any ground sign measured from the curb line or pavement edge shall not exceed the following limitations as applicable:

1. Twenty (20) feet in any C-1 district or when located within fifty (50) feet of any residential lot;

2. Twenty-five (25) feet in any C-2, C-3, I-1A, I-1, or I-2 district; and

3. Thirty (30) feet in any C-2, C-3, I-1A, I-1 or I-2 district when adjacent to a four-lane divided roadway with a traffic speed limit posted at 45 mile per hour or greater.

5. Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of nine (9) feet. Accessory lighting fixtures attached to a non-metal frame sign shall maintain a clearance of nine (9) feet to ground. In the event that metal sign or structure or accessory fixture herein described is grounded by the use of a grounding conductor run with the circuit conductors and this structure or fixture is also grounded by being bonded to a grounding electrode at the sign site, no clearance to grade shall be mandatory.

6. Business parks, retail plazas, or shopping centers may consolidate individual ground signs and erect an enlarged commercial center sign, subject to the following regulations:

1. The sign must prominently display a common name for the entire shopping center, plaza, or business park. No individual tenant, lot, or business shall have a panel or portion of the sign exceeding fifty (50) square feet on either side.
2. The sign may be placed on-premise or off-premise but shall be located no more than four hundred (400) feet from the advertised business park, retail plaza, or shopping center.
3. The business park, retail plaza, or shopping center must contain four (4) or more individual businesses or lots that share one or more common entrances and are located on a site no smaller than ten (10) acres in total land area.
4. The sign must be located in a C-2, C-3, I-1A, I-1, or I-2 district.
5. The sign shall not exceed thirty-four (34) feet in height and two hundred sixty (260) square feet in sign area on either side. The sign must also comply with any and all sign standards in this Chapter, unless inconsistent with this subsection.
6. The sign must be placed no less than ten (10) feet from any public right-of-way line, no less than three hundred (300) feet from any residential property, and no less than five hundred (500) feet from any other commercial center sign or billboard.
7. Each individual lot within a business park shall have or erect monument signs only. Sign size and quantity per lot shall be as permitted by this subchapter, however, no monument sign shall exceed eight (8) feet in height and sixty (60) square feet in area on either side.

3. Roof signs. Signs must be located wholly within the roof area of the structure and are permitted subject to the following conditions: