Belpre City Zoning Code

CHAPTER 1153

Supplementary Regulations Governing Certain Uses

1153.01 AGRICULTURE.

Any agricultural use, including farming, dairying, pasturage, horticulture, floriculture, viticulture, arboriculture and animal and poultry husbandry, shall comply with the following regulations:

(a) No farm structure other than a dwelling may be erected within 100 feet of any adjoining property line.

(b) Intensively used facilities for animal raising and care including but not limited to such facilities as feed lots, runs and pens shall not be constructed within 300 feet of any adjoining property line.

(1) They are erected no less than thirty feet back from the nearest street right of-way line.

(2) Sufficient off-street parking spaces shall be provided in accordance with Section 1153.07(a)(1). Such off-street parking spaces shall not be closer than ten feet to the nearest street right-of-way line.

(3) They shall be used exclusively for the sale of agricultural products grown or raised by the occupant on the site.

(Ord. 58(72-73). Passed 11-21-73.)

1153.02 AMUSEMENT USES.

(a) Amusement Centers, Bowling Alleys, Theaters and Similar Places of Amusement.

(1) Such uses shall be conducted entirely within an enclosed structure, except as required in subsection (b) hereof.

(2) Parking areas shall be screened from adjoining residential properties in accordance with Section 1149.02(f)(2).

(3) A principal structure shall be not less than twenty feet from any property line.

(4) There shall be no offensive noise or vibration; such elements may be emitted only in accordance with the performance standards set forth herein.

(b) Outdoor Recreation Facilities.

(1) Such uses shall include miniature golf courses, ice skating rinks, swimming pools, tennis courts and amusement buildings or parks.

(2) Unenclosed recreational facilities shall be located not less than twenty- five feet from any property line except where greater distances are otherwise required herein and shall be effectively screened from adjoining residential uses in accordance with the provisions of Section 1149.02(f)(2).

(3) Illuminated signs and other lights shall be directed away, or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.

(4) No public address system shall be permitted except where such a system will not be audible at any adjoining residential property line.

(5) Private swimming pools, permanent and portable, which shall be accessory to a principal noncommercial dwelling use shall be regulated as follows; except that these regulations shall not apply to portable swimming pools which are not more than three feet in height nor more than fifteen feet in length.

A. May be erected only on the same zone lot as the principal structure.

B. May be erected only in the rear yard of such structure, and shall be distant not less than twenty feet from front and rear lot lines nor less than ten feet from any side yard, principal structure or accessory structure attached thereto.

C. There shall be erected, a minimum of five feet high, a chain link or other solid type fence which completely encloses any portable or permanent swimming pool. Such fencing shall be equipped with a self-closing and self-locking gate, operable from the inside only and/or by detachable key from the outside.

D. All pumping, cleaning, filtering and screening devices and water supply and discharge shall be of a type and source approved by local and/or State health department authorities.

(Ord. 58(72-73). Passed 11-21-73.)

1153.03 COMMUNITY FACILITIES.

(a) Community Buildings, Clubs, Social Halls, Lodges, Fraternal Organizations and Similar Uses.

(1) All buildings shall be a minimum of twenty feet from any property line, except where greater distances are otherwise required herein.

(2) In "R" Districts where permitted, there may be included retail sales for members or guests only.

(3) All applications for such uses in "R" Districts shall demonstrate to the satisfaction of the Board of Zoning Appeals and Planning Commission that the proposed use will serve primarily the residents of the surrounding neighborhood and that such use cannot satisfactorily be located elsewhere to serve such neighborhood.

(b) Essential Services, Enclosed or Permanent Structures. Such uses shall include public utility services such as electric substations, transformers, switches and auxiliary apparatus serving a distribution area, telephone exchanges and water pumping station in "R" Districts and shall be subject to the following regulations:

(1) Such facility shall not be located on a local residential street unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.

(2) The location, design and operation of such facility may not adversely affect the character of the surrounding residential area.

(3) Adequate fences, barriers and other safety devices shall be provided, and shall be landscaped in accordance with the provisions of Section 1149.02(f).

(4) Noise emitted from electric substations shall not be greater than permitted in accordance with the performance standards set forth in Chapter 1161.

(c) Essential Services, Open. Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or Municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Where applicable, the landscaping regulations of Section 1149.02 (f) shall apply.

(d) Essential Services and Police Stations, Fire Stations. Such facilities shall be permitted in all "R" Districts provided that:

(1) Such facility is necessary to serve the surrounding residential area where it is not possible to serve such area from a facility located in less restrictive districts.

(2) Such facility shall not be located on a local residential street unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.

(3) Where applicable, the landscaping regulations of Section 1149.02(f) shall apply.

(e) Hospitals, Churches or Other Religious or Eleemosynary Institutions. All such uses shall be located on a public street and shall be landscaped in accordance with the provisions of Section 1149.02 (f).

(Ord. 58(72-73). Passed 11-21-73.)

1153.04 RESIDENTIAL AND RESIDENCE-RELATED COMMERCIAL USES.

(a) Motels, Motor Courts, Motor Hotels and Similar Uses.

(1) Such uses shall have a minimum area for each unit of occupancy of 150 square feet, and shall include a minimum of one bedroom and an enclosed bathroom which includes a shower or bathtub, lavatory and commode, and be equipped with hot and cold running water.

(2) Illuminated signs and other lights shall be directed away from or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.

(b) Nursery School, Day Care Center, and Nursing Home for More than Five Persons. Such uses shall be situated on a zone lot of not less than 10,000 square feet, except where a greater area is otherwise required herein, and shall be screened in accordance with the provisions of Section 1149.02 (f). Such use shall also meet all other State and local requirements.
(Ord. 58(72-73). Passed 11-21-73.)

1153.05 RETAIL AND MANUFACTURING USES.

(a) Bakeries. Bakeries first permitted in any C-1 District shall be located no closer to an "R" District than fifty feet and goods produced on the premises shall be sold only at retail on the premises.

(b) Drive-In Eating and Drinking Places. Such businesses, where persons are served in automobiles shall be not closer than 200 feet to an "R" District.

(1) There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity, other than from within the building.

(2) There shall be no harm to adjoining existing or potential residential development due to excessive traffic generation or noise or other circumstances.

(d) Retail Uses in Manufacturing District. Such uses shall be permitted only where the applicant proves that such use is or will be necessary to serve manufacturing uses, and will not adversely affect the industrial development of adjoining land. Where such uses are permitted, the minimum lot size requirement shall be 10,000 square feet.

(e) Manufacturing Uses. Manufacturing uses in any M-1 District shall, when abutting a residential use in an "R" District, be screened from such use in accordance with the provisions of Section 1149.02(f).

(Ord. 58(72-73). Passed 11-21-73.)

1153.06 PLANNED BUILDING GROUPS OR PROJECTS.

Planned building groups or projects as defined herein shall be permitted as a special use and shall be developed in accordance with the following requirements:

(a) Conformity with Master Plan. The proposed development shall conform to the City's Master Plan.

(b) Planned Residential Building Groups or Projects.

(1) Spacing and orientation of residential developments. Spacing between buildings and orientation in residential building groups shall be as follows:

A. In buildings containing multiple dwelling units, walls containing main window exposures or main entrances, shall be so oriented as to insure adequate light and air exposures.

B. Such buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities, and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.

C. A building wall exposing both windows and entrance way shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than fifty feet.

D. A building wall exposing only windows or only an entrance way shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than thirty-five feet.

E. A building group may not be so arranged that any temporary or permanently inhabited building is inaccessible by emergency vehicles.

(2) Recreation and play areas. In residential building groups providing for permanent family occupancy there shall be provided at the time of development, active play areas for children and other leisure time recreation areas in safe locations, and in an amount equal to not less than ten percent (10%) of the gross land area of the development.

(3) Vehicle and pedestrian circulation. Adequate provision for vehicle and pedestrian circulation shall be provided as follows:

A. Safe and convenient arrangement of walks, roadways, driveways and off-street parking and loading space.

B. Separation of general vehicle traffic from pedestrian walks and public transportation loading places.

(4) Paving and drainage. The developer shall install throughout any proposed residential building group or project, hard-surfaced streets at reasonable grades, which shall include curbs or gutters, catch basins and storm sewers.

(1) Spacing and orientation of commercial and manufacturing buildings. Spacing between buildings and orientation in commercial and industrial building groups shall be as follows:

A. Exterior walls of opposite buildings shall be located no closer than a distance equal to the height of the taller building.

B. A building group may not be so arranged that any permanently or temporarily inhabited building is inaccessible by emergency vehicles.

(2) Signs and lighting. All signs and lighting devices shall be of a type and design that will not conflict with traffic control signs and lights, and shall be oriented so that they will not produce glare on the roadway or adjacent residential development.

(3) Planting and screening. In business building groups abutting or within 100 feet of residential districts, fences, walls or year-round screen planting shall be required when deemed necessary to shield adjacent residential districts from parking lot illumination, headlights, fences, heat, blowing papers and dust, and to reduce the visual encroachments of commercial architecture, signs and activity.

(d) Justification for Exception. Such exceptions which may be required from the strict application of the Zoning Ordinance shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such developments as well as of neighboring properties than would be obtained under the normal requirements of the Zoning Ordinance.

(Ord. 58(72-73). Passed 11-21-73.)

1153.07 AUTOMOTIVE SERVICES.

(a) Off-Street Parking. In all districts, except in the C-1 District, in connection with every industry, business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking space open to the public at no charge for automobiles in accordance with the requirements set forth herein.

(1) Size and access. Each off-street parking space shall have an area of not less than 200 square feet exclusive of access drives or aisles, and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be established for less than three spaces. There shall be adequate provisions for ingress and egress to all parking spaces. Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be permitted unrestricted access along the length of the street or alley upon which the parking area abuts, except where a parking area is less than thirty-five feet in depth.

(2) Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in Table I herein, in accordance with the definition of "floor area" as set forth in Section 1125.02(28), provided further that in any "R" District, on any lot having an area of one acre or less, private garage space may be provided for not more than four motor vehicles. Space for one additional motor vehicle may be provided for each one-fifth acre by which the area of the lot exceeds one acre; and in any "R" District, not more than one of the garage spaces provided on any lot shall be used for the housing of a commercial vehicle. Such commercial vehicles shall not exceed one ton capacity.

In any case of a building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which such use is similar, in the opinion of the Board of Zoning Appeals, shall apply.

(3) Off-site facilities. All permitted and required accessory off-street parking spaces, open or enclosed, shall be located on the same zone lot as the use to which such spaces are accessory, except that such spaces may be provided elsewhere but shall be provided within a radius of no greater distance than 250 feet from that zone lot, and provided further that required spaces are provided off the site in accordance with the provisions set forth herein and that such space shall be in the same ownership as the use to which they are accessory, and shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs and/or assigns to maintain the required number of spaces available throughout the life of such use, and such spaces shall conform to all regulations of the district in which they are located.

	USES	REQUIRED PARKING SPACES
A.	Churches and schools	1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater
B.	Public buildings, lodges, fraternal organizations, social halls, and bowling alleys	1 for each 200 square feet of floor area
C.	Motels	1 for each accommodation or unit
D.	Funeral homes, mortuaries	10 for each parlor
E.	Hospital, nursing and convalescing homes	1 for each 3 beds plus 1 for each employee
F.	Hotels, rooming houses and dormitories	1 for each 2 bedrooms
G.	Manufacturing plants, research or testing laboratories, bottling plants	1 for each 1,000 square feet of floor area, plus 1 for each 4 employees in the maximum working shift; the total parking area shall be not less than 25 percent of the building floor area
H.	Medical or dental clinics, or offices	3 spaces for each doctor or dentist
I.	Other business or professional offices	1 space for each 2 employees
J.	Restaurants, taverns, and night clubs	1 for each 2.5 seats
K.	Retail stores, store groups and shops	2 for each 300 square feet of floor area, except for supermarkets and department stores which shall provide not less than 1 space for each 100 square feet of retail floor area
L.	Wholesale establishments or warehouses	1 for each 2 employees in maximum working shift; the total parking area shall be not less than 25 percent of the building floor area
M.	Dwellings	1.5 for each family or dwelling unit

(b) Off-Street Loading. In any district in connection with every building, or building group or part thereof hereafter erected and having a gross floor area of 5,000 square feet or more, which is to be occupied by manufacturing or commercial uses, or distribution of material or merchandise by vehicles, there shall be provided and maintained, on the same zone lot with such building, off-street loading berths in accordance with the requirements of Table II herein.

(1) Size and location. Each loading space shall be not less than ten feet in width, twenty-five feet in length, and fourteen feet in height, and may occupy all or any part of any required yard, except where located adjacent to any "R" District, where they shall be set back a minimum of six feet from any such property line.

TABLE II
	USES	SQUARE FEET OF FLOOR AREA	REQUIRED OFF-STREET LOADING BERTHS
A.	Schools	15,000 or more	1
B.	Hospitals (in addition to space for ambulances)	From 10,000- 30,000	1
	Hospitals (in addition to space for ambulances)	For each additional 30,000 or major fraction thereof	1 additional
C	Undertakers and funeral homes	5,000	1
	Undertakers and funeral homes	For each additional 5,000 or major fraction thereof	1 additional
D.	Hotels and offices	From 10, 000 or more	1
E.	Retail, commercial, wholesale, manufacturing storage and miscellaneous	From 10,000 - 25,000	1
		From 25,000 - 40,000	2
		From 40,000 - 60,000	3
		From 60,000 - 100,000	4
		For each additional 50,000 or major fraction thereof	1 additional

(c) Joint Facilities for Parking or Loading. Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as a required space for more than one use unless otherwise approved by the Board of Zoning Appeals in accordance with the purposes and procedures set forth herein.

(d) Development and Maintenance of Parking and Loading Areas. Every parcel of land hereafter used as a public or private parking area or loading area including a commercial parking lot shall be developed and maintained in accordance with the following requirements:

(1) Screening and landscaping. Off-street parking areas for more than five vehicles and off-street loading areas shall be effectively screened on each side which adjoins or faces premises situated in any “R” District, or institutional premises, by a fence or hedge. Such fence or hedge shall be not less than four feet nor more than six feet in height, and shall be maintained in good condition without any advertising thereon. Any space between such fence or hedge and the side lot line adjoining premises, or the front lot line facing premises, in any "R" District shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition.

(2) Minimum distances and setbacks. No off-street parking or loading area or part thereof for more than five vehicles shall be closer than ten feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot. If not in an "R" District but adjoining such district, the parking area shall not be located within five feet from the established street right-of-way line within fifty feet of any "R" District.

(3) Surfacing. Any off-street parking or loading area shall be surfaced with an asphaltic or cement binder pavement or similar durable and dustless surface which shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide for the orderly and safe loading, parking and storage of vehicles.

(4) Lighting. Any lighting used to illuminate any off-street parking or loading areas shall be so arranged as to reflect the light away from the adjoining premises in any "R" District.

(5) Modification of requirements. The Board of Zoning Appeals may authorize on appeal, a modification, reduction or waiver of the foregoing requirements, if it should find that in the particular case appealed the peculiar nature of the use, or the exceptional situation or condition shall justify such action.

(e) Service Stations and Parking Garages.

(1) Location of exits and entrances. No gasoline filling station, parking garage for five or more motor vehicles, automobile repair shop, or any vehicular access thereto, shall be located within 200 feet of the following uses, if the property owned or dedicated to such uses is located along the same street and on the same block:

A. Schools, playgrounds, churches, hospitals, public libraries and institutions for dependents or for children.

B. Vehicular access to the above automotive uses shall not be closer to the intersection of any two street right-of-way lines than twenty-five feet, nor shall any such access be located within twenty-five feet of any boundary line of any "R" District.

(2) Location of appliances or pits. No gasoline filling station or parking garage shall be permitted where any gasoline or oil pump, or oil drainage pit or visible appliance for any such purpose is located within ten feet of any street right-of-way line, except where such appliance or pit is within a building.

(Ord. 58(72-73). Passed 11-21-73.)

1153.08 SPECIAL USES.

Special uses, as enumerated in Chapter 1145, shall be permitted only upon authorization by the Board of Zoning Appeals pursuant to Section 1137.04(a)(1), and subsequent to review by the Planning Commission pursuant to Section 1137.04(b), provided that such uses shall be found by the Board of Zoning Appeals to comply with the following requirements and other applicable requirements as set forth in the Zoning Ordinance:

(a) That the use is a permitted special use as set forth in Chapter 1145.

(b) That the use is so designed, located and proposed to be operated that the public health, safety, welfare, and convenience will be protected.

(c) That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

(d) That the use shall be compatible with adjoining development and the proposed character of the zone district where it is to be located.

(e) That adequate landscaping and screening is provided as required in Section 1149.02(f) and as otherwise provided herein.

(f) That adequate off-street parking and loading is provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.

(g) That the use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for planned building groups or projects.

(Ord. 58(72-73). Passed 11-21-73.)

1153.09 MOBILE HOMES.

Mobile homes or house trailers, whether the wheels are attached or not, shall be permitted only in mobile home parks which meet the requirements of this section. Occupied travel trailers, as defined in Section 1125.02(55), shall meet all of the requirements specified for mobile homes.

(a) No mobile home park shall have an area of less than five acres.

(b) Each mobile home site or space within the park shall have an area of 5,000 square feet, provided further that the minimum width of each site shall be not less than fifty feet.

(c) No mobile home shall be located within ten feet of its respective site lines, provided further that there shall be no less than a twenty-five foot clearance between mobile homes or any building within the park.

(d) No mobile home shall be located closer to any property line of the park or any abutting public street than thirty feet or such other distance as may be established by the Zoning Ordinance with respect to conventional building in the district in which the mobile home park is located.

(e) Not less than ten percent (10%) of the gross area of the park shall be improved for the recreational use of the residents of the park.

(f) All service and accessory buildings shall meet the requirements of the Zoning Ordinance and all other applicable codes and ordinances.

(g) The park shall meet all applicable requirements of the City's land subdivision regulations, except as herein provided.

(Ord. 58(72-73). Passed 11-21-73.)

1153.10 NONDWELLING STRUCTURE CONVERSION.

No commercial or manufacturing structure, originally designed for other than residential use shall be converted to a dwelling structure, nor shall any structure which was so converted prior to the adoption of the Zoning Ordinance be further converted to provide for additional dwellings.

(Ord. 58(72-73). Passed 11-21-73.)

1153.11 OUTDOOR STORAGE AREAS.

Such uses shall be governed by the following provisions and any other conditions as may be required by the Board of Appeals to protect the public health, safety, comfort, convenience, and properties and the occupants thereof.

(a) Inflammable and Explosive Liquids. No highly inflammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.

(b) Fencing and Setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property. Such walls and fences shall be distant not less than 25 feet from all property lines which abut an R-District or existing residential development, but in any other case shall be distant not less than 10 feet from any property line.

(c) Deposit of Wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.

(d) Other Hazardous Materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
(Ord. 58(72-73). Passed 11-21-73.)

1153.12 SIGNS.

Signs may be erected and maintained only when in compliance with the following provisions:

(a) Signs in Residential Districts. The following types of nonadvertising signs are permitted in all residential districts as follows.

(1) Nameplates and identification signs; nonilluminated.

A. Signs indicating the name or address of the occupant, provided that they shall not be larger than two square feet in area. Only one such sign per dwelling unit shall be permitted except in the case of corner lots where two such signs (one facing each street) shall be permitted for each dwelling unit.

B. For apartment buildings or buildings other than dwellings, a single identification sign not exceeding six square feet in area and indicating only the name and address of the building and the name of the management may be displayed, provided that on a corner lot two such signs (one facing each street) shall be permitted.

(2) Sale or rental signs; nonilluminated. Signs advertising the sale or rental of the premises upon which they are erected by the owner or broker or any other person interested in the sale or rental of such premises, and signs bearing the word "sold" or "rented" with the name of persons effecting the sale or rental may be erected or maintained, provided:

A. The size of any such sign is not in excess of six square feet; and

B. Not more than two signs are placed upon any property unless such property fronts upon more than one street, in which event two more signs may be erected on each additional frontage.

(3) Institutional signs. Signs of schools, colleges, churches, hospitals, sanatoria or other institutions of a similar public or semipublic nature may be erected and maintained, provided:

A. The size of any such sign is not in excess of thirty square feet; and

B. Not more than one such sign is placed on a property, unless such property fronts upon more than one street, in which event two such signs may be erected, one on each frontage.

C. Such signs may be illuminated provided that the light is directed away from adjoining premises.

(4) Signs accessory to parking areas. Signs designating entrances or exits to or from a parking area shall be permitted and shall be limited to one sign for each such exit or entrance, and to a maximum size of two square feet each. One sign per parking area designating the conditions of use or identity of such parking area and limited to a maximum size of nine square feet shall be permitted, provided that on a corner lot two such signs shall be permitted, one facing each street. Such signs may be illuminated provided that the light is directed away from adjoining premises.

(5) Development signs; nonilluminated. Signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a building contractor, developer, or other persons interested in such sale or development may be erected and maintained, provided:

A. The size of any sign is not in excess of twenty square feet; and

B. Not more than two signs are placed upon any property, unless such property fronts on more than one street, in which event two such signs may be erected on such frontage.

C. Any such sign shall be removed by the developer within thirty days of the final sale of property.

(6) Directional signs; nonilluminated. Signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises, and having inscribed thereon the name of the owner, developer, building, or agent, may be erected and maintained, provided:

A. The size of any such sign is not in excess of six square feet, and not in excess of four feet in length; and

B. Not more than one such sign is erected on each 500 feet of street frontage.

(7) Artisans' signs. Signs of mechanics, painters and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided:

A. The size thereof is not in excess of fifteen square feet; and

B. Such signs are removed promptly upon completion of the work.

(8) Private driveways. Signs indicating the private nature of a driveway, or trespassing signs shall be permitted, provided that the size of any such sign shall not exceed two square feet.

(9) Height and projection of signs. No sign in an "R" District shall project into the public way or project higher than one story or twenty feet, whichever is lower.

(b) Signs in "C" and "M" Districts. Business signs identifying the occupant, profession, commodity or service sold or offered upon the same premises where the sign is to be located or affixed shall be permitted as follows:

(1) Size of signs.

A. Projecting signs. The size of any projecting sign affixed to a building or structure in accordance with subsection (b) hereof, shall not exceed a gross surface area of 100 square feet in any "C" District or more than 150 square feet in an M-1 District.

B. Wall, flush or nonprojecting signs. The gross surface area of a wall, flush or nonprojecting sign shall not exceed ten percent (10%) of the area of the designated surface of the building or structure where the sign is to be located or affixed, however, only that portion of the designated surface directly related to the business use shall be used in computing the permitted area of the sign. (Ord. 58(72-73). Passed 11-21-73.)

(2) Location of signs. Signs in “C” and “M” Districts shall be securely erected in a location that will not create a traffic hazard by blocking the view of vehicle operators.

(Ord. 1(2010-11). Passed 2-22-10.)

(3) Illumination of signs. Flashing signs and revolving illuminated signs shall be considered as a special use, subject to review by the Board of Zoning Appeals, and provided that such signs shall not create any traffic hazard, or abut or face any residential property or any residential zone lot. Stationary illuminated signs are permitted in all "C" and "M" Districts.

(1) Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

(2) Wall signs. Display signs placed against the exterior walls of buildings or structures shall not extend more than fifteen inches out from the wall surface. Wall signs exceeding forty square feet in area shall be of noncombustible material.

(3) Projecting signs. Signs may project from the wall of any building or structure into the right of way, provided, that no sign shall extend nearer than three feet to the perpendicular upward projection of any curb line. A clear space of not less than ten feet shall be provided below all parts of projecting signs. Projecting signs exceeding twenty square feet in area shall be made of noncombustible material.

(4) Height of signs. No sign shall be higher than the height limit in the district where such sign is located nor shall any sign be located upon the roof of any building.

(5) Building permits for signs. Building permits shall be required for all signs having a gross area of more than nine square feet. For signs in the interest of the public for information and convenience, the Zoning Official, upon approval by the Board of Zoning Appeals, may issue a temporary permit for a period to be designated by the Board. Such temporary signs shall be removed by the property owner at the termination of any permit for the erection thereof.

(6) Fees. No fee shall be charged for any permit connected with the erection of a sign necessary to the public welfare.

(Ord. 58(72-73). Passed 11-21-73.)

1153.13 TEMPORARY TRACT OFFICE.

(a) A temporary tract office in any district shall be located on the property to which it is appurtenant; shall be limited to a six month period at the expiration of which time the applicant may request a further extension of time. Otherwise the tract office shall be removed at the expense of the owner.

(b) Such temporary tract office may also be conducted in a building in a housing

development as a real estate office for such development.