The following provisions shall apply to all nonconforming uses.

   (A)   A nonconforming use of land or structure or both in combination may be continued but may not be extended, expanded, or changed unless to a conforming use, except as specified herein or as permitted by the Board of Zoning Appeals after recommendations by the Plan Commission in accordance with the provisions of this chapter.

   (B)   An existing nonconforming use which occupies only a portion of an existing structure may be extended throughout the structure, provided the change or extension does not eliminate, displace, prevent, or restrict the continuance of any then existing use being concurrently carried on in the structure which conforms with the requirement of this chapter.

   (C)   If no structural alterations are made, any nonconforming use of a structure, or structure and land, may be changed to another nonconforming use provided that the Board of Zoning Appeals approves of the change as a special exception. In reviewing specific cases, the Board shall only approve a proposed use if it is equally appropriate or more appropriate to the district than the existing or former nonconforming use. In addition, the Board may require appropriate conditions and safeguards in accordance with the provisions of this chapter.

   (D)   If any nonconforming use of land, or structure, or both in combination ceases for any reason for a period of more than 12 consecutive months, the land, structure, or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   (A)   In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory structures may be erected on any single lot of record as of the effective date of the adoption of this chapter. The lot must be in separate ownership and not of contiguous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width or both that are generally applicable to the district. Yard dimensions, including yard requirements not involving area or width of the lot, shall conform to the regulations for the district in which the lot is located. Variance of any requirements other than area or width stated in the appropriate district regulations shall be obtained through the Board of Zoning Appeals.

   (B)   If two or more lots, or combination of lots and portions of lots, with continuous frontage in single ownership are of record at the time of passage of this chapter, and if all or part of the lots do not meet the requirements for lot area and width as established by this chapter, the land involved shall be considered to be an undivided parcel for the purpose of this chapter; and no portion of the parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   Where a structure exists that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, and other characteristics of the structure or its location on the lot, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions.

   (A)   No such structure may be enlarged or altered in a way which increases its nonconformity.

   (B)   Any nonconforming structure damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before if the reconstruction is performed within 12 months of the casualty, and if the restored structure has no greater coverage and contains no greater cubic content than before the casualty, subject to approval of required variances by the Board of Zoning Appeals.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

      (1)   Signs are prohibited in all Zoning Districts unless authorized under this code.

      (2)   No sign larger than 12 square feet, except as specified herein, shall hereafter be erected in a non-residential Zoning District unless a sign permit has been issued by the Building Commissioner.

      (3)   An illuminated sign with flashing reflective spots or flood lamps of 25-watt tungsten or greater intensity shall be deemed a traffic hazard and are prohibited. The City Building Commissioner shall notify the property owner of a violation and grant the property owner five days to remove the sign.

      (4)   No sign shall be constructed, altered, located, or illuminated in any manner which causes undue glare, distraction, confusion, nuisance, or hazard to traffic or to other properties. No sign shall be located in a tree plat nor shall any notice, poster, or other paper or device, calculated to attract the attention to the public, be affixed to any lamp post, public utility pole, or shade tree, or upon any public structure or building, except as may be authorized by law. No sign may be illuminated after 11:00 p.m. if it is located within or adjacent to any residential district, except those businesses remaining open beyond that time in which case illumination shall cease upon closing.

      (1)   Government signs which form the expression of this government when erected and maintained according to law and include the signs described and regulated in divisions (a) through (d) below.

         (a)   Traffic control devices on private or public property must be erected and maintained to comply with the Manual on Uniform Traffic Control Devices adopted in this state and if not adopted by this state with the Manual on Uniform Traffic Control Devices adopted by the Federal Highway Administration.

         (b)   Each property owner must mark their property using numerals that identify the address of the property so that public safety departments can easily identify the address from the public street. Where required under this code or other law the identification must be on the curb and may be on the principal building on the property. The size and location of the identifying numerals and letters if any must be proportional to the size of the building and the distance from the street to the building. In cases where the building is not located within view of the public street, the identifier shall be located on the mailbox or other suitable device such that it is visible from the street.

         (c)   Where a Federal, state or local law requires a property owner to post a sign on the owner's property to warn of a danger or to prohibit access to the property either generally or specifically, the owner must comply with the federal, state or local law to exercise that authority by posting a sign on the property.

         (d)   The signs described in divisions (1), (2), and (3) are necessary to protect the public safety and serve the compelling governmental interest of protecting traffic safety, serving the requirements of emergency response and protecting property rights or the rights of persons on property.

            1.   Temporary signs are permitted on each residential real estate parcel located within the City of Bedford subject to the following limitations:

               A.   The combined sign surface area of all signs shall not exceed 36 square feet; and

               B.   The sign surface area of each sign shall not exceed six square feet.

            1.   The combined sign surface area of all flags shall not exceed 60 square feet; and

            2.   The sign surface area of each flag shall not exceed 15 square feet.

            1.   Permanent signs are prohibited in residential zoning districts except for residential

developments (including subdivision identification) the maximum size and number of signs that the owner or owners of the residential development may erect and maintain at the entrances to the development shall be controlled according to the following:

               A.   Residential developments consisting of four acres or less in area may have a sign or signs with a total combined sign surface area of no more than 32 square feet.

               B.   Residential developments consisting of greater than four acres but less than 40 acres in area may have a sign or signs which have a total combined sign surface area of no more than 48 square feet.

               C.   Residential developments of 40 acres or more in area may have a sign or signs with a total combined sign surface area of no more than 102 square feet.

               A.   The combined sign surface area of all signs shall not exceed 64 square feet; and

               B.   The sign surface area of each sign shall not exceed 32 square feet.

               C.   One temporary sign is allowed in one window of a building located on each parcel of real estate located within the city with a sign surface area of two square feet;

               A.   One permanent sign, which is attached to a building, is permitted on each building located on a non-residential real estate parcel located within the subject to the following limitations:

               B.   The sign surface area of each sign shall not exceed two square feet for each lineal foot of the side of the building where the sign will be attached;

                  (i)   The sign shall not project above the ridge line of a sloping roof nor above the eave line of a flat roof; and

                  (ii)   No sign shall project more than 12 inches over public property.

               C.   If the property fronts on more than one thoroughfare, one additional permanent sign, which is attached to the building facing both thoroughfares, shall be permitted subject to the same restrictions set forth in division (i) above.

               D.   If more than one business is located within a single building, more than one permanent sign may be attached to the building located on a non-residential real estate parcel subject to the following limitations:

                  (i)   The number of permanent signs that may be attached to the building shall not exceed the number of businesses in the building; and

                  (ii)   The combined sign surface area of all permanent signs attached to the building does not exceed two square feet of for each lineal foot of the side of the building where the signs will be attached.

               E.   (i)   One permanent sign, which is free standing (not attached to a building), is permitted on each non-residential real estate parcel located within the city subject to the following limitations:

                  (ii)   The sign surface area of the free standing permanent sign shall not exceed 100 square feet.

               A.   The combined sign surface area of all flags shall not exceed 1,000 square feet; and

               B.   The sign surface area of each flag shall not exceed 1,000 square feet.

               A.   No sign shall exceed 35 feet in height, measured from the crown of the road directly in front of the sign.

               B.   Signs within ten feet of the street right-of-way shall be at least nine feet above the ground and vision beneath the sign must be clear except for supporting members.

               C.   No sign shall be located on or project over public property.

               A.   Only one detached main sign shall be permitted;

               B.   All other signs shall be attached to buildings or store fronts as provided in the section for non-residential parcels; provided, however;

               C.   In the event that a shopping center has outlots or satellite store buildings, each said outlot or satellite store building may have a free standing sign not exceeding a sign surface area of 100 square feet.

      (1)   Any sign that is located on property that becomes vacant and unoccupied for a period of three months or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership or management of the business shall not be deemed abandoned unless the property remains vacant for a period of six months or more.

      (1)   If the City Building Commissioner determines that an illuminated sign is in violation of this ordinance, the Commissioner shall notify the owner of the sign in writing of the violation and grant the property owner five days to remove the sign. The owner shall remove the illuminated sign within five days of receipt of the notice of violation. If the property owner fails to remove the sign within the five day period, in addition to any civil penalty allowed under this chapter, the City Building Commissioner may remove and store the sign. The property owner shall be responsible for all costs associated with removing and storing the illuminated sign.

      (2)   If the City Building Commissioner determines that a sign is a nuisance or a safety hazard, the City Building Commissioner or his authorized agent may remove the sign without first delivering notice to the property owner.

      (1)   Where a permanent sign or structure is nonconforming to the requirements of this ordinance for any reason and is located within a non-residential Zoning District, and a proper building permit or sign permit was issued authorizing the placement of the sign or structure prior to the passage of this section, the sign or structure may remain in its nonconforming condition so long as it remains otherwise lawful, subject to the following provisions:

         (a)   No such sign or structure may be enlarged or altered in a way which increases its nonconformity.

         (b)   Any nonconforming sign or structure damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before if the reconstruction is performed within three months of the casualty, and if the restored sign or structure has no greater coverage and contains no greater cubic content than before the casualty, subject to approval of required variances by the Board of Zoning Appeals; and

         (c)   If the nonconforming sign or structure is modified or removed, any new sign in the same location shall comply with this chapter and this nonconforming exception shall no longer apply.

      (2)   Unless otherwise provided herein, within 30 days after the effective date of this section, property owners shall either remove or bring into compliance all signs which violate this section on the date this section is passed and adopted by the Common Council.

(Ord. 28-1984, passed 8-14-84; Am. Ord. 28-1990, passed 10-9-90; Am. Ord. 8-2000, passed 3-14-00; Am. Ord. 3-2015, passed 4-14-15; Am. Ord. 15-2016, passed 9-13-16; Am. Ord. 34-2016, passed 12-19-16; Am. Ord. 9-2017, passed 5-9-17) Penalty, see § 155.999

   Off-street parking spaces shall be provided in accordance with the specifications of this section in any district whenever any new use is established or existing use is enlarged.

   (A)   Parking spaces shall be as provided below. For a use not specifically mentioned therein, the parking space requirement shall be the same as required for a use of a similar nature, or as specified by the Plan Director.

 

   (B)   Parking spaces may be located on a lot other than that containing the principal use with the approval of the Plan Commission, provided a written agreement, approved by the City Attorney, shall be filed with the application for an improvement location permit, containing a guarantee that the parking spaces shall be available so long as the principal use is continued.

   (C)   Each off-street parking space shall have a width of not less than 8-½ feet and a length of not less than 20 feet, exclusive of aisles.

   (D)   Any off-street parking area for more than five vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dustless surface.

   (E)   Parking requirements may be waived by the Board of Zoning Appeals for uses in a block in which 50% or more of the area is occupied by business or industrial structures.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   One off-street loading berth of not less than 60 feet by ten feet shall be provided, except in the CBD Zone, for every business and industrial use with a floor area of more than 5,000 square feet, with one additional berth required for each additional 25,000 square feet of floor area.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2-½ and ten feet above the centerline grades of the intersection streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 15 feet from the point of the intersection. This requirement shall also apply at the entrance of access drives which lead to commercial or industrial developments.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   Temporary or portable structures used in connection with construction work shall be permitted only during the period that the construction work is in progress, and shall be removed prior to the granting of the last occupancy permit for which a building permit has been issued.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   The following provisions shall apply to all uses of land in all districts, unless otherwise noted.

   (A)   No cut or fill grade shall exceed a slope of 3/1, or 33-%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface area, including cuts or fills on land naturally exceeding 3/1 in slope.

   (B)   All lands, regardless of their slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity. The phrase "a reasonable time" shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   No location improvement permit, building permit, or occupancy permit shall be issued for any use upon any lot, except single-family and two-family homes, until a site development plan has been submitted, reviewed, and approved in accordance with the following provisions.

   (A)   The application for approval of a proposed site development plan shall be submitted in the office of the Plan Director no later than five working days prior to the regularly scheduled meeting of the Plan Commission and shall be accompanied by a fee established by the Common Council to cover the cost of review.

   (B)   The application shall consist of not less than two copies of the letter of application together with not less than three prints of each drawing submitted as part of the proposed site development plan. The proposed site development plan shall be drawn in accordance with standard architectural and engineering practices to clearly indicate the following.

      (1)   Property lines and total acreage of the parcel proposed for development.

      (2)   All existing streets, rights-of-way, and easements, related to the development.

      (3)   Location of existing structures, relevant natural features, and other improvements to the property which may affect the development of the site.

      (4)   Required front, side, and rear yard lines.

      (5)   Contour lines at two-foot intervals where average slope exceeds 10%.

      (6)   Tree masses and all individual trees having a diameter of four inches or greater.

      (7)   Location of proposed structures, walkways, driveways, entrances, parking facilities, loading spaces, landscaping, signs, lighting facilities, fences or walls, and other site improvements or amenities.

      (8)   Contours and sufficient elevations to show proposed gradings and data to show gradient of access drives and parking facilities.

      (9)   Location and approximate size of utilities to serve the development.

      (10)   Existing zoning classification of the property.

      (11)   North arrow and scale.

   (C)   Following the review, the Plan Director may grant preliminary approval to the proposed site development plan, and the approval will authorize the application to proceed with the preparation of the final site development plan. If, due to the scope and potential impact of the proposed development, the Plan Director deems that the Plan Commission should have review and approval authority over the application, the review shall be included on the agenda of the next regular meeting of the Plan Commission. The Plan Commission or Plan Director may grant such conditions as they deem appropriate to preliminary approval. Preliminary approval may be conditioned upon the grant of a variance or of a special exception by the Board of Zoning Appeals where the variance or special exception is required, but conditional approval shall not be binding on the Board of Zoning Appeals, and the conditional approval shall be canceled if the requested variance or special exception is denied by the Board of Zoning Appeals.

   (D)   Final approval may be granted by the Plan Commission or Plan Director, depending upon the scope of the proposed development, after preliminary approval of the proposed site development plan and when assurances have been given that all conditions attached to the preliminary approval have been met. Following final approval, three copies of the site development plan together with written assurances shall be filed in the office of the City Plan Commission. The issuance of an occupancy permit shall be subject to verification by the Plan Director that all assurances have been carried out satisfactorily.

   (E)   Neither the Plan Commission nor the Plan Director shall approve a site development plan unless the following standards are met.

      (1)   Screening.

         (a)   A planted visual barrier or landscape screen shall be provided and maintained by the owner or lessee of a property located between any commercial or industrial district and contiguous residentially zoned districts, except where natural or physical man-made barriers exist. This screen shall be composed of plants and trees arranged to form both a low-level and a high- level screen. The high-level screen shall consist of trees planted with specimens no younger than three years in age and planted at intervals of not more than ten feet. The low- level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low-level screen shall be placed in alternating rows to produce a more effective barrier. All plants not surviving one year after planting must be replaced.

         (b)   Any existing business affected by these regulations at the time of passage of this chapter shall not be required to comply with the above screening requirements, except in case of enlargement or major alterations of such business. Similarly, for any zoning district boundary change after the passage of this chapter initiated by a residential developer abutting a commercial or industrial zone property for which these regulations apply, these screening requirements shall not be imposed upon the commercial or industrial property.

      (2)   Storage. Any article or material stored temporarily outside an enclosed building as an incidental part of the primary commercial operation shall be so screened by opaque ornamental fencing, walls, or evergreen planting, that it cannot be seen from adjoining public streets or adjacent lots, when viewed by a person standing on ground level during any season of the year. All organic rubbish or storage shall be contained in airtight, vermin-proof containers which shall also be screened from public view.

      (3)   Landscaping.

         (a)   Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks, and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan and shall be in keeping with natural surroundings.

         (b)   Any off-street parking area with five or more spaces shall retain at least 5% of the area for landscaping which shall be in addition to open area requirements of the district. At least one tree per five parking spaces, or portions thereof, shall be provided within the parking area.

      (4)   Shopping cart storage. Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of the carts. Each designed storage area shall be clearly marked for storage of shopping carts.

      (5)   Lighting. All parking areas, driveways, and loading areas shall be provided with a lighting system which shall furnish an average minimum of 2.0 footcandles within the areas during hours of operation, with lighting standards in parking areas being located not more than 80 feet apart. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.

      (6)   Interior circulation. The interior circulation of traffic in commercial areas shall be designated so that no driveway or access lane providing parking spaces shall be used as a through street. If parking spaces are indicated by lines with angles other than 90°, then traffic lanes shall be restricted to one-way permitting head-in parking. No driveway or street used for interior circulation shall have traffic lanes less than ten feet in width.

      (7)   Traffic control. No design shall be approved which is likely to create substantial traffic hazards endangering the public safety. Safety requirements which may be imposed in a review shall include traffic-control devices, acceleration or deceleration lanes, turning lanes, traffic and lane markings, and signs. The developer shall be responsible for the construction of any traffic-control devices.

      (8)   Drainage. A plan for drainage shall be provided in accordance with the requirements specified in the subdivision regulations provided in Ch. 152.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   No major recreational vehicles or equipment shall be parked or stored on any lot in any residential district, or on any lot abutting a residential district, except in a carport or in an enclosed building or in the rear yard. Major recreational vehicles or equipment should not be parked or stored on the street or in any front yard (this includes driveways). This provision, however, does not restrict the parking of a recreational vehicle on a residential lot for a period of not to exceed 48 hours during loading and unloading. No such vehicle shall be used for living or housekeeping purposes when parked or stored on a residential lot, or any location not approved for such use.

(Ord. 28-1984, passed 8-14-84; Am. Ord. 5-2019, passed 6-4-19) Penalty, see § 155.999

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      NON-COMPATIBLE ZONING. Any of the following zoning situations:

         (a)   Where any residential zone adjoins any business or industrial zone.

         (b)   Where any residential zone adjoins any mobile home park.

      VUA (VEHICULAR USE AREA). Any open or enclosed area containing more than 2,000 square feet of area, including such businesses as car washes and drive- through banks or used by ten or more vehicles of any type, including but not limited to retail, wholesale and other business parking areas and lots; client and customer parking areas and lots provided by financial institutions and professional service providers; and, any other motor vehicular parking areas established within the city.

   (B)   General requirements. The requirements of this section shall apply to all new VUA’s installed subsequent to the adoption of this section. It shall also apply to a new addition to an existing VUA when the new addition exceeds 20% of the size of the existing lot, or a minimum of 3,000 square feet, whichever is greater. Landscaping must be approved in accordance with this section prior to issuance of building permit.

   (C)   Parking areas and lots.

      (1)   A ten foot curbed landscaped strip, lying wholly within the property line, shall be provided along those sides of VUA that abut public streets and five foot strips between property lines. A ten foot landscaped strip shall be provided between areas with non-compatible zoning. A masonry brick or stone wall, earth berm, or hedge maintained at least 30 inches in height above grade shall be located in the landscaped strip adjacent to the parking area. When the five foot strip between properties is planted to these specifications, additional planting is not required by the adjacent developer. However, the five foot strip is still required making a total of ten feet between VUA’s.

      (2)   All plantings required by this section shall meet the guidelines already established in Ordinance No. 35-1989, including the minimum spacing standards.

      (3)   Landscaped islands with concrete curbs shall be provided within VUA’s in proportion to the area of the parking lot. At least 5% of the total VUA area shall be devoted to landscaping. A minimum of one tree per 200 square feet of the 5% area shall be provided. This interior landscaping requirement is separate from the street frontage requirement.

      (4)   Minimum tree sizes at time of planting shall be as follows:

         (a)   Small ornamental trees (up to 20' mature height) 6' height, 1" caliper.

         (b)   Conifers/Evergreen trees (pine, spruce, etc.) 5' height.

         (c)   Canopy trees (medium and large trees with mature heights over 20') 10' height and 2" caliper. If overhead restrictions (powerlines) are not present, plant medium to large trees.

         (d)   Shrubs shall be at least two feet in average height or spread when planted.

      (5)   All landscaping required by the approved landscaping plan shall be installed within six months of the first occupancy of any building on the lot.

      (6)   All landscaping shall be maintained and dead plants replaced within three months.

      (7)   Exceptions shall be granted only by a majority vote of the Tree Board.

(Ord. 20-1993, passed 7-13-93; Am. Ord. 6-2001, passed 4-10-01)

   (A)   Transmission towers, including, but not limited to, radio, television, and cellular communication towers, shall be permitted in the B- 1 Convenience Business, B-2 Central Business, B-3 Planned Business, I-1 Light Industrial, and I-2 General Industrial districts.

   (B)   Transmission towers may not be located within 1,000 feet of an existing transmission tower.

   (C)   Transmission towers shall be exempt from the height limitations established in this chapter so long as the tower is approved by the Federal Communications Commission.

   (D)   Any transmission towers that were previously approved by the City Planning Commissioner or other agents of the city shall be grandfathered and considered in compliance with this section.

(Ord. 27-2018, passed 12-11-18)