Whenever any provision of this chapter conflicts with the requirements, regulations, restrictions or limitations that are imposed or required of any other law or ordinance, then the more restrictive provisions shall govern. (Ord. 567, 11-1976)

No building or structure, or part thereof, shall hereafter be erected, constructed, reconstructed, or altered and maintained, and no new use or change of use shall be made or maintained on any building, structure or land, or part thereof, except in conformity with the provisions of this chapter. (Ord. 567, 11-1976)

All streets, alleys, and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, or railroad rights or way. Where the centerline of a street or alley, or railroad right of way serves as a district boundary, the zoning of such street or alley, or railroad right of way, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the centerline of such street, alley, or railroad right of way. (Ord. 567, 11-1976)

No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged for any purpose other than is permitted in the district in which the building or land is located, except as otherwise provided herein. (Ord. 567, 11-1976)

No building shall be erected, converted, enlarged, reconstructed, or structurally altered, except in conformity with the area and placement regulations of the district in which the building is located. (Ord. 567, 11-1976)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed that height limit herein established for the district in which the building is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment, required to operate and maintain a building, and fire and parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, individual domestic radio, television aerials and wireless masts, water tanks, or similar structures may be erected to exceed by not more than fifteen feet (15') the height limits of the district in which it is located; nor shall such structure have a total area greater than ten percent (10%) of the roof area of the building; nor shall such structure be used for any residential, commercial or industrial purpose other than a use incidental to the main use of the building. The erection of commercial radio and television transmitting, relay, or other types of antenna towers where permitted, shall abide by the regulations set forth for such uses in this chapter. (Ord. 567, 11-1976)

In all residential districts, only one principal building shall be placed on a zoning lot except as may be permitted under chapter 13 of this title. (Ord. 567, 11-1976)

No space which has been counted or calculated as part of a required side yard, rear yard, front yard, or other required open space, or required lot area per dwelling unit required by this chapter, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard or other open or lot area space requirement for any other building.

   (A)   When the majority (in excess of 50 percent of the street frontage) of the lots of record in a block front have been built upon at the time of the adoption of this chapter and where the front yards on the built up lots are less than that required under the regulations in this chapter, the average front yard shall be established as the minimum required front yard for all the properties in that block front.

   (B)   On lots of record, the side yard requirement on the side street of the corner zoning lot shall be not less than the distance of the front yard depth requirement for the lot to the rear thereof when said lot to the rear thereof has frontage along said side street, and in such case no accessory building on said corner zoning lot shall project toward said side street closer than the distance of the front yard depth requirement for the lot to the rear thereof; provided, that this regulation shall not be so interpreted as to reduce the buildable width of a corner lot to less than thirty two feet (32'), nor to prohibit the erection of an accessory building where compliance with this regulation cannot reasonably be had.

   (C)   On lots or parcels which are not lots of record, the side yard width on the street side of a corner lot shall be not less than the required front yard for the district in which the lot is located.

   (D)   For the purpose of side yard regulations, any two-family or any multiple dwelling shall be considered as one building occupying one lot. (Ord. 567, 11-1976)

An open, unenclosed porch or paved patio may project into a required front yard for a distance not exceeding ten feet (10'). (Ord. 567, 11-1976)

Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches (2") for each one foot (1') of required width of such side yard, and may extend or project into a required front yard not more than three feet (3'). Architectural features shall not include those details which are normally demountable. (Ord. 567, 11-1976)

Any lot of record existing at the time of the adoption of this chapter, that does not meet the requirements of this chapter for lot width and depth and available open space of yards, may be used for single-family residential purposes, provided the lot width and depth and available open space for yards is not less than sixty six and two-thirds percent (662/3%) of that required by this chapter, excepting that vacant lots having in the aggregate a continuous frontage of one hundred twenty feet (120') or more in a block shall not be subject to the above provision. (Ord. 567, 11-1976)

Every dwelling or principal building shall be located on a lot which shall front upon a public street. (Ord. 567, 11-1976)

Storage of travel trailers, campers, and other recreational vehicles is permitted in residential districts provided no such vehicle, not exceeding six feet (6') in height may be stored in a front yard setback. All recreational vehicles, trailers and boats must be equipped with wheels or stored on a mobile conveyance with wheels. No recreational vehicles, trailers or boats may be permanently installed on the lot and no such vehicle, trailer or boat may be used for dwelling purposes. (Ord. 567, 11-1976)

No dwelling units other than the main structure shall be erected upon a lot with another dwelling unit. (Ord. 567, 11-1976)

In residential districts, accessory buildings, except as otherwise permitted in this chapter, shall be subject to the following regulations:

   (A)   Where the accessory building is structurally attached to a main building it shall be subject to, and must conform to all the regulations of this chapter applicable to main buildings.

   (B)   A detached accessory building, not exceeding one story, or fourteen feet (14') in height, may occupy not more than twenty five percent (25%) of a required rear yard, plus forty percent (40%) of any nonrequired rear yard area; provided that, in no instance shall the accessory building exceed the ground floor area of the main building. (Ord. 567, 11-1976)

   (C)   A detached accessory building shall be located only in a rear yard except for carports or garages which may be located at the rear of row or town house dwellings, and apartment buildings after review by the joint planning and zoning commission and subsequent approval on findings that adequate light and air is assured to the dwelling units. (Ord. 567, 11-1976; amd. Ord. 3041, 12-3-2013)

   (D)   When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard line required on the lot to the rear of such corner lot. (Ord. 567, 11-1976)

   (E)   No accessory structure shall be erected or allowed on a lot prior to the existence or construction of the primary residence. (Ord. 4012, 10-20-2015)

Occupancy of temporary garages, accessory buildings, and basement apartments is prohibited. (Ord. 567, 11-1976)

Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. A sloping grade shall be maintained and established from the finished ground level line at the front lot line at the sidewalk level. However, this shall not prevent the grading of a yard space to provide sunken or terraced areas, provided proper means are constructed and maintained to prevent the runoff of surface water from flowing onto the adjacent properties except as provided by natural drainage courses or drainage easements.

When a new building is constructed on a vacant lot between two (2) existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the ground elevation around the new building. The yard around the new building and vacant lots to be filled shall be graded as far as practicable, in such a manner as to meet existing grades and not to permit runoff surface water to flow into the adjacent properties except as provided by natural drainage courses or drainage easements. (Ord. 567, 11-1976)

   (A)   No person, firm, partnership, corporation or other legal entity shall directly or indirectly cause any water, above or below the surface, to be released or discharged from property under that entity's control onto property of another in an amount substantially greater than that which would naturally flow onto said property or create an obstruction which substantially impedes the drainage of water from the property of another, and which creates thereon a structural health hazard or nuisance. In addition no entity shall allow or permit the same to be done by any agent, employee, tenant, occupant or other person or other entity connected with the controlled premises.

   (B)   The city engineer shall have the authority to establish rules and regulations concerning the format and content of the engineering documents to be submitted to the city in evidence of compliance with this section by the party changing, altering or causing the discharge of such stormwater. (Ord. 1586, 6-2-1998)

Any building or structure which has been wholly or partially erected on any premises located within the city shall not be moved and/or be placed upon any premises in the city until a building permit for such removal shall have been secured from the zoning administrator. Any such building or structure shall fully conform to all the provisions of this chapter in the same manner as a new building or structure. No building or structure shall be moved into the city from outside the city limits unless permission is secured from the zoning administrator. (Ord. 567, 11-1976)

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building inspector, provided such building or structure is not a nonconforming use in the district in which it is located. (Ord. 567, 11-1976)

Nothing in this chapter shall be deemed to require any change in the plans, construction or designed use of any building upon which actual construction was lawfully begun prior to the adoption of this chapter, and diligently carried on, provided that such building shall be completed within two (2) years from the date of adoption of this chapter. (Ord. 567, 11-1976)

The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election. (Ord. 567, 11-1976)

No proposed plat of a new or redesigned subdivision shall hereafter be approved by the city council unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various districts of this title, and unless such plat fully conforms with the statutes of the state and the subdivision regulations of the city. (Ord. 567, 11-1976)

Essential services shall be permitted as authorized and regulated by law and other ordinances of the city in any use district, it being the intention hereof to exempt such essential services from the application of this chapter. (Ord. 567, 11-1976)

The council, after hearing and recommendation of the joint planning and zoning commission, shall have the power to permit the erection and use of a building, or an addition to an existing building, of a public service corporation or for public utility purposes, in any district wherein permitted to a greater height or of larger area than the district of a public utility building, structure or use, if the joint planning and zoning commission shall find such use, height, area, building or structure reasonably necessary for the public convenience and service. (Ord. 567, 11-1976; amd. Ord. 3041, 12-3-2013)

   (A)   Definitions: The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

APPROVED COMBUSTIBLE MATERIALS: Wood, or materials not more combustible than wood.

APPROVED COMBUSTIBLE PLASTICS: Those which, when tested in accordance with American Society For Testing Materials standard method for test for flammability of plastics over 0.050 inch in thickness, burn no faster than two and five- tenths inches (2.5") per minute in sheets of 0.060 inch thickness.

AWNING SIGN: A sign on or attached to a temporary retractable shelter that is supported entirely from the exterior wall of a building. This definition does not include any off premises sign.

CANOPY SIGN: A sign on or attached to a permanent overhanging shelter that projects from the face of the building and is supported only partially by the building. This definition does not include any off premises sign.

COMBINATION SIGN: Any sign which combines the characteristics of two (2) or more types of signs, including roof projecting and ground projecting signs.

DISPLAY SURFACE: The entire area within a single continuous perimeter enclosing the extreme limits of a sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.

ELECTRICAL SIGN: Any sign which has characters, letters, figures, designs, faces, backgrounds or outlines illuminated by incandescent or fluorescent lamps or luminous tubes as part of the sign proper, these light sources being either external or internal, or signs which may have movable parts which are moved by electrical force.

FACING: The surface of the sign upon, against or through which the message of the sign is exhibited.

FRONT YARD: The area from one side lot line to the other side lot line and from the main building to the front lot line.

GROUND SIGN: A sign which is supported by one or more poles, uprights or braces in or upon the ground, which are not a part of a building, other than pole or pylon signs as defined in this chapter. This definition does not include any off premises sign.

MARQUEE SIGN: A sign which is attached to a fixed shelter used only as a roof which is entirely supported by the building to which it is attached. The definition does not include any off premises sign.

OFF PREMISES SIGN: Any sign that advertises activities, goods, products, services or facilities that are not sold or offered upon the premises where the sign is located (e.g., billboard).

ON PREMISES SIGN: Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.

POLITICAL SIGN: A sign or poster announcing a candidacy for public political office or a public issue.

PORTABLE SIGN: Any sign which is mounted on a trailer or its own wheels or is otherwise capable of being moved from place to place, and includes such a sign even though the wheels of such sign have been removed and the remaining chassis is attached to the ground.

PROJECTING SIGN: A sign other than a wall sign suspended from or supported by a building or structure or steel column and projecting out therefrom. This definition does not include any off premises sign.

PYLON OR POLE SIGN: A sign supported by or suspended from a freestanding column or columns of structural steel pipe or poles. Such sign may be either an off premises or on premises sign.

REAL ESTATE SIGN: A sign advertising the sale or rental of the premises, or a part thereof, on which such sign is located. This definition does not include any off premises sign.

RIGHT OF WAY: The entire expanse of a roadway including the terrace. Private property starts where right of way ends.

ROOF SIGN: A sign erected upon or above a roof or parapet of a building. Such sign may be either an off premises or on premises sign.

SIGN: Means and includes every sign, billboard, ground sign, wall sign, illuminated sign, projecting sign, temporary sign, pylon or pole sign, marquee, awning, canopy and street clock, and shall include any announcement, declaration, demonstration, display, illustrations or insignia used to advertise or promote the interest of any person, business, idea, activity, goods, product, service or facility when the same is placed out of doors in view of the general public. This definition does not include any type of indoor sign or window display.

SIGN SETBACK: The minimum horizontal distance between the street right of way line and any portion of the sign, including its supporting framework or bracing.

SKELETON PARAPET SIGN: Individual letters mounted on a parapet wall.

STREET (SIGN) FRONTAGE: The horizontal distance of a piece of property which faces a street right of way or is accessible to the street right of way.

STRUCTURAL TRIM: The molding, battens, capping, nailing strips, latching, platforms and letters, figures, characters or representations in cutout or irregular form which are attached to the sign structure.

STRUCTURE: The supports, uprights, bracing and framework for the sign or display.

TEMPORARY SIGNS (Including Political Signs): A sign advertising a candidate or candidates, an issue, a garage or yard sale or other one time occurrence. It also includes signs of cloth or other combustible material (usually attached to the outside of a building on a wall or storefront) for a period of not more than thirty (30) days. This definition does not include any off premises signs.

WALL SIGN: A sign attached to or erected against the wall of a building or structure, with the exposed face located approximately parallel to the plane of the wall. Such sign may be either an on premises or off premises sign. (Ord. 1599, 9-15-1998; amd. Ord. 1665, 8-15-2000)

   (B)   Applicability And Purpose:

      1.   Applicability: This chapter shall relate to outdoor signs in the city.

      2.   Statement Of Purpose And Legislative Findings:

         (a)   The city council finds and declares that these regulations on outdoor advertising signs are necessary to preserve, protect and promote the public health, safety, morals, aesthetic beauty and general welfare of the city.

         (b)   The sign regulations, controls and provisions set forth in this section are made in accordance with an overall plan and program for the public safety, area development, preservation of property rights and values, and the general welfare of the city, and are intended to aid in the traffic control and traffic safety; preserve and protect property values; lessen congestion of land and air space; provide against undue concentrations of signs which distract and endanger traffic safety and traffic flow; establish reasonable standards for commercial and other advertising through the use of signs in order to maintain and encourage business activity and area development; avoid uncontrolled proliferation of signs; recognize the rights of the public in roads, streets and highways; preserve the wholesome and attractive character of the city; and to recognize that the general welfare includes a community plan that provides for a community that shall be beautiful as well as healthful, spacious as well as clean, and well balanced in its growth and development.

   (C)   Sign Area: The area of a sign shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign facing.

   (D)   Alterations: A sign which was erected before passage of this section shall not be rebuilt, relocated, enlarged or extended without conforming to the requirements of this section. Such a sign, however, may be repaired and maintained. The changing of movable parts or the repainting or reposting of display matters shall not be deemed an alteration.

   (E)   Maintenance: All components of a sign shall be kept in good repair at all times. The zoning officer may order the removal of any sign that is not maintained in accordance with the provisions of this section.

   (F)   Housekeeping: The area in proximity to the signs shall be maintained and kept free of litter, debris, and excess grass or weeds. The zoning officer may order the removal of any sign that is not maintained in accordance with the provisions of this section.

   (G)   Installation:

      1.   No sign shall be erected, constructed or maintained so as to prevent free passage from one part of the roof to any other part thereof.

      2.   No sign shall be attached in any manner to any fire escape; or erected, constructed or maintained so as to obstruct such fire escape.

      3.   No sign shall be placed in a manner so as to interfere with required light and ventilation openings (windows, doors, vents or similar devices).

      4.   No sign shall be erected, constructed or maintained which closes off the effective use of any required wall opening.

   (H)   Relocation: Any sign that is moved to another location, either on the same or other premises, shall be considered a new sign; and a permit shall be secured for any work performed in connection therewith.

   (I)   Display Of Unauthorized Signs, Signals Or Markings:

      1.   No sign shall be constructed which resembles any official marker erected by the city or any other governmental agency.

      2.   No person shall place, maintain or display upon or in view of any street or highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device, railroad sign or railroad signal, or which attempts to direct the movement of traffic.

      3.   No person shall place, maintain or display upon or in view of any street or highway any sign which hides from view or interferes with the movement of traffic, or inhibits the effectiveness of any traffic control device, railroad sign or railroad signal.

      4.   No person shall place or maintain upon any street or highway traffic sign or signal any commercial advertising or handbill of any kind.

      5.   When it is deemed necessary for municipal purposes by the city council that a sign be moved or removed, the sign owner shall, within ten (10) days after notification from the zoning officer, move or remove any sign which extends into a street right of way. (Ord. 2077, 4-17-2012)

   (J)   Administration And Enforcement:

      1.   Appeals: An appeal of the sign ordinance requirements may be requested by any person affected. Such an appeal shall be taken to the joint planning and zoning commission.

         (a)   Commission; Powers: The commission shall have the power to: (Ord. 2077, 4-17-2012; amd. Ord. 3041, 12-3-2013)

            (1)   Hear and decide appeals by the sign permit applicant where it is alleged there is an error in any order, requirement, decision or determination made by the building inspector in the enforcement of this section.

            (2)   Grant variances from the requirements of this section where the zoning officer has denied to grant a sign permit as a result of noncompliance with the requirements of this section. (Ord. 2077, 4-17-2012)

         (b)   Commission; Criteria For Decision: The commission shall grant a variance from the provisions or requirements of this section only where: (Ord. 2077, 4-17-2012; amd. Ord. 3041, 12-3-2013)

            (1)   The literal interpretation and strict application of the provisions and requirements of this section would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the specific building or property in question.

            (2)   The granting of the requested variance would not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

            (3)   The granting of the variance would not be injurious to the use and enjoyment of other property in the immediate vicinity nor substantially diminish or impair property values within the adjacent area.

            (4)   The unusual conditions applying to the specific property do not apply generally to other buildings or properties in the city.

            (5)   The granting of the variance will not be contrary to the general objectives. (Ord. 2077, 4-17-2012)

         (c)   Commission; Determination Of Conditions: In granting a variance, the commission may impose such conditions regarding the location, character or other features of the proposed sign as it may deem necessary to carry out the purpose and intent of this section. (Ord. 2077, 4-17-2012; amd. Ord. 3041, 12-3-2013)

      2.   Permit:

         (a)   Required: No person shall install, erect, repair, alter, relocate, demolish or dismantle a sign without approval from the zoning officer and obtaining a permit, if applicable.

         (b)   Application: Application for the approval permit under this subsection (J)2 shall be made upon a form provided by the zoning officer who may include the following information:

            (1)   Name, address and telephone number of the property owner.

            (2)   Address or location of property where sign is to be installed or removed.

            (3)   Zoning of property where sign is to be installed.

            (4)   Description of sign to be erected.

            (5)   Location of sign in relation to the building, structure or lot to or upon which it is to be erected or removed.

            (6)   Name, address and telephone number of person, firm or corporation installing or removing the sign, if different from the owner.

            (7)   Evidence that the person who will install or remove the sign has the appropriate insurance.

         (c)   Fees: Will comply with BOCA construction schedule.

         (d)   Penalties: Any person who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this section shall be fined not less than thirty five dollars ($35.00) nor more than fifty dollars ($50.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

   (K)   Regulations For Specific Types Of Signs:

      1.   Flashing Sign:

         (a)   Flashing signs shall not be used in a manner that will create a traffic hazard or where their use may be confused with traffic control devices or emergency vehicle signals.

         (b)   Revolving beacons shall not be used where they will conflict with traffic signals or emergency vehicles.

         (c)   The flashing bulb in a flashing sign shall not be larger than a forty (40) watt incandescent bulb.

         (d)   The bulb in a traveling light sign shall not be greater than a forty (40) watt incandescent bulb.

      2.   Illuminated Sign:

         (a)   All illuminated signs shall be constructed in accordance with the standard for electric (UL 48) of Underwriters Laboratories, Inc.

         (b)   No sign shall be so illuminated that it interferes with the effectiveness or obscures an official traffic sign, signal or device.

         (c)   Signs which are not effectively shielded to prevent beams or rays from being directed at any portion of traveled ways and are of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

      3.   Portable Sign: Except as otherwise expressly provided in this section, no portable sign shall be erected or displayed in this city.

         (a)   Signs of this nature shall be allowed only in commercial districts (B-1, B-2 and B-3) with the exception of temporary portable signs in residential districts as set forth in this section. In any district where allowed, portable signs may not obstruct parking spaces or vehicle or pedestrian travel lanes. Such signs shall not be located so as to obstruct or interfere with traffic vision and lighting shall be of a type that cannot be confused with traffic control devices and cannot cause distraction of vehicle operators. All connections to an energy source for lighting shall be in accord with all city codes and shall not be exposed in any way that may constitute a safety hazard to the public. All signs must conform to placement standards for freestanding signs. Placement of signs on the terraces or sidewalks is strictly forbidden. The police department shall be empowered to remove summarily any sign which is in violation of this section. Although desirable, notice to the property owner and request for removal shall not be required before removal by the police department.

         (b)   Temporary portable signs in residential districts (R-1 through R-4) shall be allowed provided that all of the provisions in subsection (K)3(a) of this section concerning placement, safety and removal shall apply. Location of signs on terraces or sidewalks is strictly forbidden. Sign illumination, if any, shall not be permitted between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. local time. At no time shall any sign in a residential district advertise, in whole or in part, any commercial venture or direct the public to a separate location.

      4.   Projecting, Awning, Canopy Or Marquee Sign:

         (a)   A clear space of not less than eight feet (8') shall be provided between the lowest portion of the sign and the ground surface.

         (b)   Projecting signs shall be securely attached to buildings or structures by bolts, anchors, chains, rods or guys.

         (c)   No nails or staples shall be used to secure any projecting sign to a building or structure.

      5.   Off Premises Signs: All off premises signs are to be discouraged; however, specific requests will be considered by the city council and must conform to all erection standards and each will be considered on its own merit.

      6.   Roof Sign:

         (a)   All roof signs shall be secured to masonry, bearing walls, columns, girders or roof joists.

         (b)   A roof sign shall not extend above the roofline or top of a parapet wall by more than fifteen feet (15').

      7.   Wall Sign:

         (a)   All wall signs shall be securely fastened to a wall by means of metal anchors, bolts, expansion screws or similar connectors.

         (b)   A wall sign which is attached to a wood wall must be anchored with wood blocks used in connection with bolts and screws.

         (c)   An unbraced parapet wall shall not be used to entirely support a wall sign.

         (d)   The ends of a wall sign shall not extend beyond the ends of the wall surface.

         (e)   A wall sign shall not project out more than fifteen inches (15") from the wall surface.

         (f)   The top of a wall sign shall not extend above the top of the wall.

      8.   House Or Building Identification Sign:

         (a)   One sign per dwelling unit.

         (b)   Characters shall be at least three inches (3") high.

         (c)   Shall be affixed to structure.

         (d)   No permit required.

      9.   Temporary Sign:

         (a)   Maximum sign area of eight (8) square feet per side.

         (b)   Maximum of two (2) sides per sign.

         (c)   Shall be located on premises and not in the public right of way.

         (d)   No sign may be posted more than thirty one (31) days prior to the event and all signs must be removed within forty eight (48) hours after the event provided, however, that the time for removal of temporary signs may be extended by council resolution due to special extenuating circumstances.

         (e)   Any illuminated sign must be darkened between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.

         (f)   No permit required.

      10.   Signs On Utility Poles: No sign or handbill is allowed on a utility pole or traffic control device at any time. Police and enforcement personnel can remove so positioned sign or handbill immediately. Any person responsible is subject to fines under this section.

      11.   Contractual Signs:

         (a)   Signs advertising contractual work are permitted while the work is being performed.

         (b)   Maximum of eight (8) square feet.

         (c)   Maximum of two (2) sides.

         (d)   Must be removed within fourteen (14) days of completion of work.

         (e)   No sign is to be located in the terrace.

      12.   On Premises Freestanding (Pole, Pylon, Etc.) Or Ground Sign: The following on premises signs shall be permitted in the commercial zoning districts and erected in accordance with the following standards:

         (a)   No sign shall extend over any public right of way more than eight inches (8") unless approved by the city council. The base and standard of all freestanding signs shall be set back at least five feet (5') from all public or private road right of way or easement lines and from all interior lot or property lines. Any sign located within thirty five feet (35') of the intersection of any two (2) street right of way lines shall be so designed, located and constructed that a free and unobstructed view is provided from the established grade to a height of ten feet (10') above the established grade.

         (b)   Signs in commercial and industrial districts (exterior signs) must relate solely to the business activity carried on in the structure. The size of all signs shall be limited in area to the linear street frontage of the particular occupancy expressed in square feet. Signs shall not extend above the roofline of the building. Except as hereinafter provided, each local commercial district or commercial planned unit development, may erect one freestanding sign, the area of which shall be included in the total area of permitted signs. Corner lots may erect two (2) freestanding signs, one on each frontage.

         (c)   Maximum of two (2) sides per sign.

         (d)   "Entrance" only and "Exit" only signs shall not be counted as a sign, providing they contain no more than ten (10) square feet of display surface on each side.

      13.   Real Estate, Contractor Or Developer Sign:

         (a)   One sign per development one hundred (100) square feet which must be removed upon the completion of seventy five percent (75%) of the total development.

         (b)   One directional sign six (6) square feet nominal.

         (c)   Lot and directional signs must be removed immediately upon closing of sale, lease, or rental.

         (d)   No permit required.

         (e)   Shall be located on premises and not in the public right of way.

      14.   Political Signs:

         (a)   Maximum sign area of eight (8) square feet in area on residential property and thirty two (32) square feet in area on nonresidential property.

         (b)   Maximum of two (2) sides per sign.

         (c)   Shall be located on private property and not on public property or in the public right of way, including the terrace (area between curb and sidewalk) or medians. Signs on private property cannot be placed in a manner that obstructs vehicular traffic (either by physical obstruction or sight lines) or pedestrian traffic.

         (d)   Any illuminated sign must be darkened between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.

         (e)   No permit required. (Ord. 2077, 4-17-2012)

   (A)   Generally: This section establishes parameters for the siting of commercial wireless telecommunications facilities. By enacting this section, it is the city of Canton's intent to:

      1.   Encourage the use of existing monopoles, towers, utility poles and other structures for the collocation of telecommunications facilities;

      2.   Encourage the location of new monopoles and towers in nonresidential areas;

      3.   Minimize the number of new monopoles and towers that would otherwise need to be constructed by encouraging the use of existing structures;

      4.   Encourage the location of monopoles and towers, to the extent possible, in areas where the adverse impact on the community will be minimal;

      5.   Minimize the potential adverse effects associated with the construction of monopoles and towers through the implementation of stealth telecommunication facilities; reasonable design, landscaping and construction practices;

      6.   Ensure public health, safety, welfare, and convenience.

All public broadcast radio, television and other transmitting or relay antenna towers may be permitted in a B-2, I-1, and I-2 district, provided such has access upon a major street and do not exceed one hundred eighty feet (180') in height from ground level to the top of the highest point of the combined antenna and support structure. Towers exceeding one hundred eighty feet (180') in height must obtain a variance from the joint planning and zoning commission.

Any commercial tower or monopole located adjacent to a residential property must have a horizontal separation distance to the nearest point of the property line at least equal to one-half (1/2) the height of the tower. If the location will not allow for a tower height setback, the petitioner can submit a structural analysis by a licensed structural engineer specifying a tower design that, in the event of overloading due to extreme weather, will result in a "bent/kinked" tower but one that will not fall to the ground. In this instance, the required setbacks will be the maximum possible for the specific site location but in no event less than the minimum setback requirements from the lot lines as required by the zoning district in which the facility is to be located.

All facilities must observe the minimum setback requirements from the lot lines as required by the zoning district the facility is to be located, and a building permit must be issued prior to the start of construction.

All antenna support structures shall be constructed consistent with standard engineering practice and shall comply with, or exceed, the manufacturer's specifications. All such structures may not be loaded beyond the manufacturer's specifications.

Commercial cellular antennas and related equipment may be mounted on existing privately owned, noncommercial towers in residential areas for the purpose of filling in areas of poor communications, without the involvement of the zoning administrator or the joint planning and zoning commission. It is recommended that there be a written agreement between the cellular provider(s) and the tower owner.

   (B)   Exemptions: Ordinary maintenance of existing telecommunications facilities and support structures, existing and operational as of the effective date hereof and as defined herein, shall be exempt from zoning and permitting requirements. In addition, the following facilities are not subject to the provisions of this section: 1) antennas used by residential households solely for broadcast radio and television reception; 2) satellite antennas used solely for residential or household purposes; 3) television and AM/FM radio broadcast towers and associated facilities; and 4) towers and antennas used for private, noncommercial hobby and recreational communications and experimentation, including, but not limited to, operations in the amateur radio service, the family radio service, and the citizens' radio service.

   (C)   Stealth Telecommunications Facilities: Facility for providing wireless service that is not readily apparent to the casual observer.

      1.   Stealth telecommunications facilities shall be permitted in all zoning districts after approval by the zoning administrator in accordance with the requirements below:

         (a)   Antennas must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a casual observer.

         (b)   The structure utilized to support the antennas must be allowed within the underlying zoning district. Such structures may include, but are not limited to, flagpoles, bell towers, clock towers, crosses, monuments, smokestacks, parapets, and steeples.

         (c)   Setbacks for the supporting structure shall be governed by the setback requirements of the underlying zoning district.

         (d)   Stealth telecommunications facilities shall be designed to accommodate the collocation of other antennas whenever economically and technically feasible or aesthetically appropriate, as determined by the joint planning and zoning commission or zoning administrator.

   (D)   Aesthetics:

      1.   Lighting And Marking: Telecommunications facilities or support structures shall not be lighted or marked unless required by the federal communications commission (FCC) or the federal aviation administration (FAA).

      2.   Signage: Signs located at the telecommunications facility shall be limited to ownership and contact information, FCC antenna registration (if required) and any other information as required by government regulation. Commercial advertising is strictly prohibited.

      3.   Landscaping: In all districts, the joint planning and zoning commission or zoning administrator shall have the authority to impose reasonable landscaping requirements surrounding the equipment. Required landscaping shall be consistent with surrounding vegetation and shall be maintained by the facility owner. The joint planning and zoning commission or zoning administrator may choose to not require landscaping for sites that are not visible from the public right of way or adjacent property or in instances where in the judgment of the joint planning and zoning commission or zoning administrator, landscaping is not appropriate or necessary.

   (E)   Electromagnetic Interference:

      1.   In the event of electromagnetic interference to collocated or nearby (within 100 feet) installations, the owner, operator, or installer of the most recent or newest installation shall resolve the issue within five (5) calendar days of being informed of, or becoming aware of, the interference.

      2.   In the event of electromagnetic interference to public safety, emergency medical, emergency management, and/or public works communications, the interfering signal shall immediately be shut off and the problem corrected by the owner, operator, or installer, upon notification or upon becoming aware of the problem.

      3.   Interference issues involving consumer electronics (radios, televisions, entertainment systems, etc.) are not included in this section, and should be resolved between the parties involved or affected. (Ord. 3094, 3-17-2015)

All swimming pools erected in the city shall comply with the swimming pool ordinance 1 and the following requirements:

Minimum side yard setbacks shall comply with the provisions of the district. Furthermore, the pool fence must not be built within the required front yard or required corner lot side yard. Rear yard setbacks shall not be less than six feet (6') between pool wall and any building on the lot. (Ord. 567, 11-1976)

All fences of any nature, type or description located in the City shall conform to the following regulations:

It shall be unlawful to erect, construct, or alter, or cause to be erected, constructed, or altered, any fence, wall, barrier or other obstruction, without a permit. The fee for a permit hereunder shall be ten dollars ($10.00). All shall be erected in compliance with this section. As applicable, the following minimum regulations shall apply:

   (A)   All fences hereafter erected shall be of an ornamental nature. Barbed wire, spikes, nails, any other sharp point or instrument of any kind on top or on the sides of any fence, or electric current or charge in said fence is prohibited without the written permission of the Zoning Administrator. Barbed wire cradles may be placed on top of fences enclosing public buildings or as deemed necessary in the interest of public safety.

   (B)   No fence, wall, structure, planting, sign, or obstruction shall be erected, established, or maintained on any corner lot which will obstruct the view of a driver of a vehicle approaching the intersection, excepting that shade trees are permitted where all branches are not less than seven feet (7') above the road level. Such unobstructed corner shall mean a triangular area formed by the street curb lines or existing street edge if no curb line exists and line connecting them at points twenty five feet (25') from the intersection of the street lines, or in the case of a rounded corner, from the intersection of the street lines, as extended.

   (C)   No fence shall exceed three feet (3') in height located within the minimum front yard setbacks established for buildings.

   (D)   Fences located in the side yards and rear yards in Residence Districts shall not exceed six feet (6') in height.

   (E)   Wherever property lines are known to exist fences should be erected up to them. This section shall not apply to pool enclosures, decorative or garden type fences located within a property but shall be applicable to all perimeter fences.

   (F)   No fence located within Residence Districts shall be located closer than twelve inches (12") from any alley, driveway, or public sidewalk.

   (G)   Fences in Industrially zoned areas or in other districts as required for public safety may exceed six feet (6') in height. Fences in Industrially zoned areas must provide a sight barrier and comply with section 10-11-2 of this title.

   (H)   Variances from the requirements of this section may be requested and obtained in conformity with variance procedures from time to time set forth in this title.

   (I)   A violation of this section shall be punishable by a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00). Each and every day or portion thereof, during which a violation continues shall be deemed a separate offense. (Ord. 4145, 5-21-2019)

Wherever a greenbelt is required, it shall be made fertile and be planted within six (6) months from the date of issuance of a permit for use, and thereafter reasonably maintained with permanent materials to provide a suitable screen from adjacent properties in conformance with the following standards:

   (A)   Minimum planting width shall be three feet (3').

   (B)   Plant materials, if adjacent to a fence line, shall not be placed closer than four feet (4').

   (C)   Plant materials shall be in sufficient density and height to provide for an effective screening of view on a year round basis from adjacent properties. A mixture of evergreen and deciduous plant materials which would include between twenty percent (20%) and forty percent (40%) evergreen is suggested. (Ord. 567, 11-1976)

No garbage, sewage, filth, refuse, or other obnoxious matter shall be kept in open containers or piled on the open ground. No business or industrial use shall permit waste materials, cans, cartons, etc., to be scattered over open ground. All waste materials must be periodically disposed of at least once in each thirty (30) day period. (Ord. 567, 11-1976)

The occupant or occupants of every building where waste accumulates, and in case of a semidetached or terraced building, the owner, lessor or agent, shall cause to be provided for said building, kept clean and in place, proper receptacles for said wastes, either stationary or portable. (Ord. 567, 11-1976)

The use of land for the storage or collection or accumulation of wood, and other used materials, or for the dumping or disposal of scrap iron, junk, automobiles, trucks, boats, machinery, tires, paper, garbage, rubbish, or other refuse or of ashes, slag, or other industrial wastes or byproducts shall not be permitted in any district, except under a temporary certificate from the zoning administrator after approval of the joint planning and zoning commission and Illinois environmental protection agency which may be issued in appropriate cases upon the filing of an application accompanied by a suitable agreement and bond that such dumping or disposal will not pollute the waters of the city or cause stagnant water to collect, or leave the surface of the land, at the expiration date of such permit, in an unstable condition or unfit for the growing of turf or for other land uses permitted in the district in which such dumping occurs. The dumping of dirt, sand, rock, or other material excavated from the earth is permitted in any district provided the surface of such materials is graded within a reasonable time in a manner preventing the collection of stagnant water and which leaves the ground surface in a condition suitable for the growing of turf or for other land uses permitted in the district. (Ord. 567, 11-1976; amd. Ord. 3041, 12-3-2013)

The use of land for the removal of topsoil, sand, gravel, or other material from the land is not permitted in any district except under a certificate from the zoning administrator, after approval by the city engineer that such removal of soil will not be below the normal grade established from the nearest existing or proposed street, when such building grade has been established and approved by the zoning administrator for which a certificate may be issued in appropriate cases upon the filing of an application accompanied by a suitable agreement or bond that such removal will not cause water to collect or leave the surface of the land at the expiration date of such permit in an unstable condition or unfit for the growing of turf or for other land uses permitted in the district in which such removal occurs. This regulation shall not prohibit the normal removal of soil for the construction of an approved building or structure when such plans have been approved by the building inspector, and a building permit has been issued for said building. (Ord. 567, 11-1976)

Areas which shall be annexed to the city of Canton after this chapter shall take effect shall automatically be rezoned CO-1, if public, or AG-1, if private. If uses other than those permitted by the CO-1 or AG-1 district are contemplated, a separate rezoning application must be submitted and be subjected to review and approval procedures set forth elsewhere in this chapter. (Ord. 567, 11-1976)

In all instances where building is permitted under this chapter on property not now served with a sanitary sewer line, an occupancy permit may be granted without benefit of sanitary service. However, the permit will be conditioned on the applicant's agreement to, in the future, connect to any sanitary sewer line that is constructed within one hundred fifty feet (150') of the subject property. (Ord. 567, 11-1976)

No postal box, either drop off or storage, shall be placed without prior approval by the city council after hearing and recommendation by the joint planning and zoning commission as to location in regard to vehicular accessibility. (Ord. 567, 11-1976; amd. Ord. 3041, 12-3-2013)

In those instances where a particular parcel of land is rezoned, the petition for rezoning shall be accompanied by exhibits and documentation required for obtaining a zoning compliance certificate 1 . Upon passage of the ordinance by the council, approving the rezoning petition, a zoning compliance certificate shall be granted. The effective date of rezoning ordinance shall be the date of the construction start, i.e., initial excavation or placement of the initial structural components. If the construction start fails to take place within six (6) months from the grant of the zoning compliance certificate, the ordinance shall not take effect, and the property shall continue to be subject to zoning in effect at the time of the filing of the petition. (Ord. 567, 11-1976)