(a)   To reduce the impact between one use (or zoning district) and another;

   (b)   To break up and reduce the impact of off-street parking areas;

   (c)   To improve the Municipal streetscape;

   (d)   To screen the view of outdoor storage, refuse areas, dumpsters, parking and loading areas; and

   (e)   To provide areas of permeable surfaces in order to:

      (1)   Allow the infiltration of surface water into groundwater resources;

      (2)   Reduce the quantity of storm water discharge, which helps to reduce the hazards of flooding and aids in the control of erosion and storm water runoff;

      (3)   Improve the quality of storm water discharge.

   (a)   Required for the Following: Screening and buffering shall be required according to the following:

      (1)   When a lot in any Commercial or Industrial District abuts a Residential District, such lot shall provide and maintain the screening and buffering required in this Section.

      (2)   When a lot in a Multi-family District abuts Single-Family District, such lot shall provide and maintain the screening and buffering required in this Section.

      (3)   When a lot in a residential district is devoted to a nonresidential conditional use, such lot shall provide and maintain the screening and buffering required in this Section.

   (b)   Width of Buffer Yard. Each required buffer yard shall have the minimum width equal to the parking setback required for the district.

   (c)   Screening. Screening within the buffer yard shall consist of one or a combination of the following:

      (1)   A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.

      (2)   A non-living opaque structure such as a solid masonry wall, or a solid fence.

      (3)   A fence with openings through which light and air may pass together (board-on-board) with a landscaped area at least five (5) feet wide.

      (4)   A landscaped mound or earthen berm at least five (5) feet wide.

   (d)   Location. The location of the wall, fence, or vegetation shall be placed within the buffer yard to maximize the screening effect as determined by the Planning Commission.

   (e)   Height of Screening. The height of screening shall be in accordance with the following:

      (1)   Visual screening walls, fences, or mounds and fences in combination shall be a minimum of six (6) feet high measured from the natural grade, except as set forth in subsection (e)(2) below.

      (2)   Whenever the required screening is located along the common side lot line in the area extending from the front building line of the residential use to the street, the required screening shall not exceed a height of three (3) feet. Fences and walls in a front yard shall also comply with Section 1280.11.

      (3)   Vegetation shall be a minimum of six (6) feet high measured from the natural grade, in order to accomplish the desired screening effect. The required height shall be achieved no later than twelve (12) months after the initial installation.

         (Ord. 8-13. Passed 5-14-13.)

      (1)   For any parking area designed to accommodate fifteen (15) or more vehicles, a minimum of five percent (5%) of the parking lot shall be planted as landscaped island areas, developed and reasonably distributed throughout the parking lot so as to provide visual and climatic relief from broad expanses of pavement.

      A.   Each island shall be a minimum of ten (10) feet in any horizontal dimension;

      B.   Within the landscaped islands, there shall be provided one shade tree for every ten (10) parking spaces. Each tree, at the time of installation, shall be at least six (6) feet tall and a minimum caliper of two and one half (2½) inches.

      C.   Landscaped areas adjacent to the perimeter of the parking area shall not be counted as interior parking lot landscaped areas.

        (2)   For the purpose of this Section, the area of a parking lot shall be the total vehicular surface area including circulation aisles.

      (1)   All shrubs, berms, walls, and fences shall have a minimum height of three (3) feet and a maximum height of five (5) feet.

      (2)   Such landscaping and screening shall be located parallel to and within five (5) feet of the edge of the parking lot.

      (3)   Such landscaping and screening shall be located to not obstruct the view from vehicles entering and exiting the parking lot.

   (a)   One shade tree shall be provided for every fifty (50) linear feet of lot frontage or fraction thereof, not including drive entrances. Each tree, at the time of installation, shall be at least six (6) feet tall and a minimum caliper of two and one half (2½) inches.

   (b)   One shrub shall be provided for every ten (10) linear feet of lot frontage or fraction thereof, not including drive entrances.

   (c)   All areas not devoted to trees and shrubs shall be planted with grass, ground cover or other live landscape treatment, excluding paving or gravel.

   (a)   Dumpsters and loading areas shall be screened by an opaque fence or wall or dense vegetative planting incorporating trees and/or shrubs of a variety, which shall be equally effective in winter and summer.

   (b)   Permitted accessory outdoor storage of goods, supplies or equipment used in the operation of an establishment, where permitted, shall comply with the regulations of the district.

   (c)   Selected screening shall be a minimum of six (6) feet in height and placed adjacent to the dumpster, storage or loading area so as to provide screening from any adjacent streets and any adjoining properties.

      (1)   In Commercial and Industrial Districts, a fence or wall in a side or rear yard shall not exceed a height of eight (8) feet; except as may otherwise be required by the Planning Commission to screen outdoor storage areas.

      (2)   Fences or walls in Residential Districts may be permitted along the side or rear lot lines to a height of not more than six (6) feet above the grade provided that at least twenty-five (25%) of the vertical surface of any fence or wall shall be open to light and air. Solid walls and fences shall conform to all required setback lines for yards. For example, a solid fence in a residential district shall conform the setbacks for accessory buildings. Board-on-board fences - or fences that provide at least twenty-five percent (25%) of the vertical surface open to light and air - are permitted along property lines.

      (3)   In all districts, a fence or wall in a front yard or corner side yard shall not exceed a height of three (3) feet and shall be no closer than seventeen (17) feet from the edge of the road or the edge of the right-of-way line, whichever is further.

   (a)   Each lot shall maintain open space with landscaping in compliance with the minimum percentage of the area of the lot specified in the district regulations.

   (b)   All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

   (c)   Trees and shrubs shall be arranged to create varied and attractive views and plant material should provide a variety of color displayed throughout the year.

   (d)   The required landscaping shall be maintained in healthy condition by the current owner and replaced when necessary. Replacement material shall conform to previous approvals or the current requirements of the Carlisle Zoning Code.

   (a)   Shade Tree. A tree with foliage that usually sheds annually and planted primarily for its high crown of foliage or overhead canopy.

   (b)   Shrub. A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.

   (a)   Complies with the requirements of this Section;

   (b)   Is consistent with any previously approved plan;

   (c)   Is compatible with the current site development if there is no approved plan; and

   (d)   Will not create adverse impacts to the surrounding areas.

   The standards and criteria in Sections 1280.01 through 1280.19 establish the Municipality's objectives and levels of landscaping intensity expected. In applying these standards, the Planning Commission may exercise discretion and flexibility with respect to the species, placement and arrangement of the required elements to ensure that the objectives of this Section and the proposed development or redevelopment are best satisfied.

   (a)   Foot-candle. A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.

      (1)   Foot-candle, Horizontal. The measurement of foot-candles utilizing a direct reading, portable light meter mounted in the horizontal position.

      (2)   Foot-candle, Vertical. The measurement of foot-candles utilizing a direct reading, portable light meter mounted in the vertical position.

   (b)   Full-Shielded or Full-Cutoff Type Fixture. An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture.

 

 

   (c)   Glare. Direct light that causes annoyance, discomfort or loss in visual performance and visibility.

   (d)   Illuminance. The quantity of light arriving at a surface divided by the area of that surface, measured in foot-candles.

   (e)   Light Pollution. Any measurable exterior artificial illumination that strays beyond a property line both horizontally at grade and vertically to the building height limitation.

   (f)   Light Trespass. Light in sufficient quantity that crosses over property boundaries, impacts surfaces, and produces a negative response in persons owning or using the impacted space.

   (g)   Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.

   (h)   Recessed Ceiling Fixture. An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.

   (i)   Light Uniformity Ratios. The uniformity ratio is expressed as either the maximum or average illuminance divided by the minimum illuminance. For example, if the average to minimum ratio is 3:1 and an average illuminance of six (6) foot-candles is desired, the minimum illuminance at any one point must be two (2) foot-candles.

   (j)   Uplighting. Any light source that distributes illumination above a ninety (90)-degree horizontal plane.

 

 

   (a)   A site plan showing location of all exterior light fixtures, controllers and transformers.

   (b)   Property boundaries, building location(s), parking lot layout, pedestrian paths, adjacent rights-of-way, north arrow and scale.

   (c)   Specifications and drawings or photographs for all exterior light fixture types, poles, conduit and appurtenant construction.

   (d)   Lamp wattage of all proposed luminaires.

   (e)   Information that indicates a minimum light level of one-half (0.5) foot-candles at grade in all vehicular use areas and connecting pedestrian paths.

   (f)   Cut sheets for all proposed exterior light fixtures and poles.

   (g)   Any other information and data reasonably necessary to evaluate the required lighting plan.

   (a)   All outdoor lighting fixtures regulated according to this Chapter, including but not limited to those used for parking areas, buildings, building overhangs, canopies, signs, displays and landscaping, shall be full-cutoff type fixtures, unless exempt per Section 1282.09, Exemptions.

      (1)   Full-cutoff fixtures shall be installed and maintained so that the shielding is effective as described in Section 1282.03(b) above.

      (2)   Automobile-oriented uses such as gasoline stations, service stations and drive-through facilities shall install recessed ceiling fixtures in any canopy.

      (3)   Signs that are wholly illuminated from within and freestanding signs that are externally illuminated with an exposed incandescent lamp not exceeding twenty-five (25) watts shall not require shielding.

      (1)   Light levels shall be measured in foot-candles with a direct reading, portable light meter. Readings shall be taken only after the cell has been exposed long enough to take a constant reading.

      (2)   Measurements shall be taken at the property line, along a horizontal plane at a height of three-and-one-half (3.5) feet above the ground.

 

 

      (1)   Limits on Cutoff Angle. Cutoff from a lighting source that illuminates an outdoor recreational use may exceed an angle of ninety (90) degrees from the pole, provided that the luminaries are shielded to prevent light and glare to spill over to adjacent residential properties.

      (2)   Maximum Permitted Illumination at the Property Line. One foot-candle.

      (3)   Limits on Hours of Illumination. Exterior lighting for an outdoor recreational use shall not be permitted later than 11:00 p.m.

   (a)   To relieve congestion on streets so they can be utilized more fully for movement of vehicular traffic;

   (b)   To lessen vehicular movement in the vicinity of pedestrian traffic to promote safety and convenience;

   (c)   To protect adjoining residential neighborhoods from excessive non-residential on-street parking;

   (d)   To promote general convenience and welfare of developments which depend upon off-street parking facilities; and

   (e)   To provide regulations and standards for the development of accessory off-street parking and loading facilities in accordance with objectives of the Comprehensive Plan and codes of the Municipality.

   (a)   A building is constructed or a new use is established;

   (b)   An existing building is altered and there is an increase in the number of dwelling units, seating capacity or floor area of a building; or

   (c)   Whenever the use of an existing building is changed to a more intensive use that requires more off-street parking facilities.

   (a)   Floor Area. Where floor area is designated as the standard for determining parking space requirements, gross floor area shall be used for all land uses, unless specifically noted otherwise.

   (b)   Seats. Where seating capacity is the standard for determining parking spaces, the capacity shall mean the number of seating units installed or indicated, or one (1) seat for each two (2) feet of benches or pews, or when fixed seats are not indicated, the capacity shall be determined as being one (1) seat for each twenty (20) square feet of floor area of the assembly room.

   (c)   Employees. Where employees are the standard for determining parking space requirements, employees shall mean the maximum number of employees on single shift.

   (d)   Fractional Numbers. Where the computation results in a fractional unit, one (1) additional off-street parking space shall be provided.

   (e)   Parking for Mixed Uses. Where a building or group of buildings contains two (2) or more uses, operating normally during the same hours, the number of parking spaces for each use shall be computed separately and the total spaces provided shall not be less than the sum of the spaces required for each use, except as otherwise provided for in this Chapter.

   (f)   Parking Requirements for Uses Not Specified.

      (1)   When the off-street parking requirements for a use are not specifically defined herein, the parking facilities for such use shall be determined by the Planning Commission based on the standard for the use determined to be most similar to the proposed use.

      (2)   Appeal of a requirement established by the Planning Commission according to this Section and deemed to be too restrictive by the applicant shall be reviewed by the Board of Zoning Appeals.

 

   Two (2) or more uses may share parking facilities without providing the minimum number of on-site required spaces for each use, when parking spaces are provided in compliance with all the requirements of this Section.

   (a)   The minimum required number of parking spaces for the combined uses may be reduced by twenty percent (20%) for shared parking when hours of operation overlap. Residential uses shall not be allowed to share parking facilities.

   (b)   When the hours of operation DO NOT overlap, the parking facility to be shared shall contain at least the minimum required spaces of the largest individual use sharing the lot.

   (c)   No changes shall be made to the shared parking facility that would reduce the parking provided for the uses, unless the owner of one of the uses makes other arrangements to provide parking. No such changes shall be made without approval from the Planning and Zoning Administrator prior to any changes taking place.

   (d)   Handicap parking spaces shall not be shared, unless the uses that are to share the spaces are adjacent to the handicap spaces and no inconvenience to the users of such spaces would be created.

   (e)   Loading spaces shall not be shared.

   (f)   Any proposed change in the use of a structure that shares a parking facility will require proof to the Planning and Zoning Administrator that adequate parking is available.

   (g)   Parking facilities to be shared shall be located on the same lot as the use for which the parking space is intended, except when the parking facility complies with all the requirements of Section 1284.11.

      (Ord. 8-13. Passed 5-14-13.)

   All off-street parking spaces shall be located on the same lot as the structure or use, except when parking spaces are provided in compliance with all the requirements of this Section.

   (a)   The use shall supply at least fifty percent (50%) of its required spaces on-site. The Planning Commission may grant an exception to this requirement under the following criteria:

      (1)   Proximity of the proposed parking area to the use served;

      (2)   Ease and safety of access between the proposed parking area and the use served;

      (3)   The use to be served by the off-site parking; and,

      (4)   The hours of operation of the use to be served by the off-site parking.

   (b)   Off-site spaces shall be within 500 feet walking distance, measured along the route of public access to the property, of a building entrance or use. If the pedestrian access crosses an arterial street, appropriate measures shall be in place to provide public safety. In any event, safe and convenient pedestrian access, such as a sidewalk or path, shall exist or be provided from the structure or use to the parking lot.

   (c)   Contiguous lots providing off-street parking for more than one use shall provide sufficient spaces to comply with the combined total parking requirements for all uses except when the allowance for shared parking is granted in compliance with Section 1284.09.

   (d)   No changes shall be made to the off-site parking lot that would reduce the parking provided for the use, unless other arrangements to provide parking are made by the owner of the use and approved by the Planning and Zoning Administrator prior to any changes taking place.

   (e)   All required handicapped parking spaces for a use shall be located on-site.

   (f)   All required loading spaces shall be located on-site.

   (g)   An existing non-conforming parking lot to be used under this Section as off-site parking shall be landscaped, paved and striped according to the standards of the Code.

      (Ord. 8-13. Passed 5-14-13.)

   In accordance with the Americans with Disabilities Act (ADA) of 1990, all new construction and alterations to places of public accommodation and commercial facilities shall provide parking spaces that are designed and constructed to be readily accessible to persons with disabilities.

(Ord. 8-13. Passed 5-14-13.)

   The location of off-street parking facilities shall be regulated according to the following provisions:

   (a)   Off-street parking spaces required for dwelling units shall be located on the same lot as the dwelling unit served.

   (b)   Required guest parking in a multi-family development shall be equally distributed throughout the development.

   (c)   Off-street parking spaces for non-residential uses shall be located on the same lot as the structure or use unless off-site parking is provided pursuant to Section 1284.11.

   (d)   All required off-street parking spaces shall have direct access to an aisle or driveway without the need to move any other vehicle, except as otherwise specifically permitted in this Chapter.

   (e)   Off-street parking spaces for other than single or two-family dwellings shall be located at least ten (10) feet from any wall of a building if such wall contains ground floor openings other than a garage door providing access, light or ventilation to the building.

   (f)   Any vehicle customarily or seasonally parked on any lot shall be so parked only in parking areas specifically constructed for such purposes, and shall not be parked on tree lawns, sidewalks, lawns or other areas required by this Code to be landscaped.

   (g)   Areas that may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or driveway, except as specifically permitted below:

      (1)   For a single family detached or two-family dwelling a driveway in the front or side yard shall be permitted to compute as eligible parking space(s) up to a maximum of two (2) parking spaces per dwelling unit. However, at least one (1) parking space shall be enclosed in a garage with three (3) walls and a garage door. Canopies are not permitted to be used as covered parking spaces.

      (2)   In a multi-family development any dwelling unit that has its own separate and individual private driveway shall be permitted to compute as eligible those parking spaces located in the private driveway, up to a maximum of two (2) parking spaces per dwelling unit.

         (Ord. 8-13. Passed 5-14-13.)

   Drive-thru establishments and other establishments which, by their nature, create lines of customers waiting to be served within automobiles shall provide off-street waiting areas, on the same lot as the use, in addition to the required number of parking spaces specified in Table 1284.07, in accordance with the following:

   (a)   Minimum Number of Stacking Spaces.

 

   (b)   Vehicles Prohibited within the Public Right-of-Way. In any case, vehicles shall not be permitted to wait within the public right-of-way for service at such drive-in or drive-thru facilities.

   (c)   Waiting Space Dimensions. Each off-street stacking space shall have an area not less than 144 square feet (measuring eight (8) feet by eighteen (18) feet) exclusive of access drives and parking aisles and shall not interfere with parking or circulation.

   (d)   Reduction in Required Stacking Spaces. The Planning Commission may reduce the number of required stacking spaces when the applicant provides credible documentation, such as studies from similar sites, that fewer than the required number of stacking spaces does not impede vehicular traffic flow on the site and ingress/egress to the site.

      (Ord. 8-13. Passed 5-14-13.)

   Off-street parking areas shall be designed and constructed in accordance with the following minimum dimensions set forth in Table 1284.19, based on the angle of the spaces. Figure 1284.19(a) illustrates the requirements for each angle scenario.

 

 

 

 

 

   (a)   All loading spaces shall be located on the same lot as the use served and no part of any required yard, off-street parking area, or access drive thereto, shall be used for loading or unloading purposes.

   (b)   Access to truck loading and unloading space shall be provided directly from a public street or alley or from a right-of-way that will not interfere with traffic circulation and that will permit the orderly and safe movement of trucks.

   (c)   Streets, sidewalks, alleys or other public rights-of-way or other public property shall not be used for loading purposes nor shall vehicles be parked on such areas during loading and unloading.

   (d)   Off-street loading spaces shall not be used for repair or servicing of motor vehicles.

   (e)   Each space shall have a minimum vertical clearance of fourteen (14) feet.

      (Ord. 8-13. Passed 5-14-13.)

   (a)   Ingress and Egress. Entrances to parking spaces shall be only from an adjoining public street or alley or from a permanent private, access easement. Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for vehicles. Ingress and egress for a parking lot lying in an area zoned for non residential uses shall not be across land in a residential district.

   (b)   Location. The location and width of entrance and exit access drives to parking facilities shall be planned to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on the nearest streets. Access drives shall be located at least fifty (50) feet from the right-of-way line of the nearest intersecting street.

   (c)   Number of Drives.

      (1)   Each parcel shall have not more than two (2) access drives from each abutting street unless otherwise permitted below.

      (2)   The Planning Commission may permit an additional access drive for lots that have more than 200 feet of frontage when the Commission determines it is in the interest of good traffic operation.

      (3)   Whenever practical, the use of common drives by two (2) or more uses shall be encouraged to reduce the number of access points along main arterials.

   (a)   The minimum amount of off-street parking spaces, stacking spaces and loading/unloading spaces required for the various kinds of activities set forth in this chapter shall be maintained at all times and no part of such required facilities shall be used for any other purpose, unless specifically permitted otherwise.

      (1)   It shall be unlawful for any person to use any off-street parking space, stacking space or loading/unloading space for storage of wrecked, junked and/or inoperable vehicles.

      (2)   No repair or service to vehicles shall be carried on in any off-street parking space, stacking space or loading/unloading space.

   (b)   Paving. All parking and loading areas and access drives shall have a bituminous, concrete or similar surface approved by Carlisle's Engineer. Such paving material, and base materials related thereto, shall be capable of supporting all anticipated loads without damage. The owner shall, at his/her own expense, maintain the surface in a smooth and dust-free condition and repair any disintegration of the surface by patching or sealing when such disintegration takes place.

   (c)   Drainage. Parking areas shall be graded, drained and provided with adequate drainage facilities so that adjacent properties and rights-of-way, including public sidewalks, shall not be subject to flooding by run-off water from the proposed parking area.

   (d)   Illumination in Open Areas. Parking areas shall be illuminated whenever necessary to protect the public safety. All lighting shall comply with the regulations in Chapter 1282.

   (e)   Curbs and Wheel Blocks/Bumper Guards. Appropriate bumper guards or barrier curbs shall be provided in order to contain the cars on sloping surfaces, and to prevent bumper over-hang or other encroachment into required yards, walkways, sidewalks, aisles, parking spaces, landscaping or adjacent property. Curbs and wheel block/bumper guards shall be a material and constructed as required by Carlisle's Engineer.

   (f)   Marking. Any off-street parking area for five (5) or more parking spaces and all stacking spaces shall indicate the location of each parking or stacking space, the location of spaces for persons with disabilities, and the location and direction or movement along the aisles and access drives providing access thereto by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surface.

   (g)   Signs. Signs shall be provided in accordance with Chapter 1286.

   (h)   Maintenance. All parking areas, waiting spaces and loading spaces shall be maintained in a manner to keep it as free as practicable from rubbish, paper and other loose particles, and snow and ice shall be promptly removed by the operator. All adjacent sidewalks shall be kept free from dirt, ice, sleet and snow and in a safe condition for use by pedestrians. All signs, markers or any other methods used to indicate direction of traffic movement and location of parking and/or loading spaces shall be maintained in a neat and legible condition. Any walls, trees and shrubbery, as well as surfacing of the parking lot, shall be maintained in good condition throughout its use for parking purposes.

   (a)   The total number of spaces initially constructed shall not be less than seventy-five percent (75%) of the spaces required by Table 1284.07.

   (b)   Suitable area(s) are reserved for the construction of the balance of the total number of spaces otherwise required by Table 1284.07. Such suitable areas shall be illustrated on the development plan in locations and with landscaping in full compliance with the Code.

   (c)   The Planning Commission, upon reevaluation of the project's parking needs, may at any time direct that some or all of the parking spaces identified in subsection (b) be constructed.

   (d)   When additional parking is determined necessary, it shall be provided according to the approved development plan.

   (a)   Enhance and protect the physical appearance of the community.

   (b)   Promote and maintain visually attractive residential, commercial, and industrial districts.

   (c)   Ensure that signs are located and designed to reduce sign distraction and confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment.

   (d)   Prevent the erection of structures of any kind that will obstruct sight distance at the intersection of streets, alleys, or driveways.

   (e)   Prevent the erection of poorly constructed and unsafely located, posted or painted signs.

   (f)   Provide review procedures that enable the Municipality to comprehensively evaluate the appropriateness of a sign to the site, building, and surroundings.

   (g)   Prohibit all signs not expressly permitted by this Chapter.

      (1)   Public Signs. Any sign displaying a public notice or warning required by a valid and applicable federal, state, or local law, ordinance, or regulation;

      (2)   Building Marker (address plates not exceeding two (2) square feet);

      (3)   Flags of any nation; government or non-commercial organization;

      (4)   Any sign inside a building that is not attached to the window or door and is not legible from a distance of more than three (3) feet beyond the lot on which the sign if located;

      (5)   Any work of art that does not display a commercial message;

      (6)   Any religious symbol that does not display a commercial message;

      (7)   Any traffic control sign, such as "STOP" or "YIELD," located on private property that meets applicable governmental standards pertaining to such signs and does not display a commercial message.

      (8)   Instructional signs shall be exempt provided such signs comply with the following:

         A.   Instructional signs shall be clearly intended, designed and located for instructional purposes, as determined by the Planning and Zoning Administrator; and

         B.   Each sign shall not be larger than necessary to serve the intended instructional purpose; and

         C.   The sign is not in a location and does not possess design characteristics that constitute or serve the purposes of an identification sign.

         D.   If the Planning and Zoning Administrator determines that the proposed sign(s) does not serve instructional purposes, it shall be considered a freestanding or wall sign, as applicable, and subject to the pertinent regulations in this Chapter.

   (a)   Determining Sign Area or Dimension.

      (1)   Sign area shall include the face of all the display area of the sign. Sign area shall not include the frame and structural support unless such structural support is determined to constitute an integral part of the sign design.

      (2)   For a sign that is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of one (1) rectangular shape that encompasses the entire background or frame.

      (3)   For a sign comprised of individual letters, figures or elements on a wall or similar surface of a building or structure, or an irregular shaped freestanding sign, the area of the sign shall be the area of one (1) rectangular shape that encompasses the perimeter of all the elements in the display.

      (4)   For freestanding signs and projecting signs:

         A.   The sign area shall be computed by the measurement of one (1) of the faces when two (2) identical display faces are joined, are parallel, or within thirty (30) degrees of being parallel to each other and are at no point separated by a distance that exceeds two (2) feet apart.

         B.   No more than two (2) display faces shall be permitted.

         C.   The portion of a solid sign base that is mostly screened by landscaping, up to a maximum height of two (2) feet, shall not be calculated as sign area.

   (b)   Determining Sign Height. The height of a sign shall be measured from the average natural grade at the base of the sign or support structure to the tallest element of the calculated sign area. A freestanding sign on a man-made base, including a graded earth mound, shall be measured from the average site grade prior to the addition of the sign.

   (c)   Determining Building Frontage and Building Unit. For the purposes of these sign regulations, the length of the building wall that faces a public street, that faces a public parking lot, or that contains a public entrance to the uses therein shall be considered the building frontage. See subsection (c)(5) and (6) below.

      (1)   Each building frontage shall be entitled to the sign area permitted in this Chapter.

      (2)   The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls.

      (3)   In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.

      (4)   For multi-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.

      (5)   The primary frontage shall be the portion of a frontage that serves as the main access point to a building or building unit. A site/building will be considered to have secondary frontage when any of the following site/building characteristics are present:

         A.   The subject site is a corner lot;

         B.   The primary parking area is not located adjacent to a public street; and,

         C.   The building or unit has walls with ingress and egress that do not face the public street.

      (6)   When a site has primary and secondary frontage as defined in subsection (c)(5) hereof, the property owner shall determine which wall shall be the primary building frontage and which wall(s) shall be the secondary building frontage. Only one (1) outside wall of any business shall be considered its primary frontage.

   (d)   Determining Window Area. The window area of a building shall be the total glass area of windows on the building frontage. For the purposes of determining window area for ground floor occupants, the ground floor shall be considered to be no more than fifteen (15) feet in height above grade.

      (Ord. 8-13. Passed 5-14-13.)

   Signs in nonresidential districts shall conform to the standards set forth in this Section, except for residential uses, which shall comply with the standards set forth in Section 1286.09 Signs in Residential Districts.

   (a)   Maximum Number and Area of Permanent Signs Attached to Buildings. Permanent signs attached to buildings shall conform to the maximum number and area limitations set forth in Table 1286.07(a).

 

   (b)   Building Signs. The building sign permitted in Table 1286.07(a) shall be a wall sign, awning sign, projecting, or window sign erected in compliance with the following additional regulations.

      (1)   Window Sign.

         A.   Ground Floor Occupants. Notwithstanding the permitted area set forth in Table 1286.07(a), a window sign shall not exceed twenty percent (20%) of the total glass area of the ground floor windows.

         B.   Upper Story Occupants. For a multi-story building, each occupant above the ground floor shall be permitted one (1) permanent sign to be placed in a window of the occupant's space, not to exceed six (6) square feet or twenty-five percent (25%) of the area of the window in which the sign is placed, whichever is smaller. These signs shall be in addition to the maximum allowable area for building signs pursuant to Table 1286.07(a).

      (2)   Sign Bonuses for Large Building Setbacks. The maximum allowable area for a building sign may be increased by twenty-five percent (25%) for each 100 feet or fraction thereof of building setback when the principal building is located more than 100 feet from the principal street on which the building is located and the building is visible from the street, not to exceed 200% of the maximum allowable area.

      (3)   Sign bonuses for Corner Lots and Side and Rear Entrances. The maximum allowable area for building signs shall be increased beyond the allowable area set forth in Table 1286.07(a) in compliance with the following:

         A.   Additional area shall be permitted when a building has a secondary frontage as determined in Section 1286.05(c)(5), Determining Building Frontage and Building Unit.

         B.   The increased sign area for each secondary building frontage shall be fifty percent (50%) of the sign area permitted for the primary frontage, provided that the additional sign area is utilized only on the secondary building frontage.

      (4)   Projecting Signs.

         A.   Projecting signs shall be limited to occupants that have a minimum of twenty (20) feet of building frontage.

         B.   All projecting signs shall have a maximum height of fourteen (14) feet and a minimum clearance of eight (8) feet from the ground to the bottom of the sign, except when the projecting sign is located above a landscaped area or other area that does not permit pedestrian traffic beneath the sign.

   (c)   Permanent Freestanding Signs. Permanent freestanding signs permitted in nonresidential districts shall comply with the following regulations:

      (1)   Maximum Number, Area and Height, Minimum Setback of Permanent Freestanding Signs. Permanent freestanding signs shall comply with the maximum number, area, and height limitations and minimum setback from the street right-of-way set forth in Table 1286.07(b).

 

      (2)   Additional Freestanding Signs for Large Lots. The number of freestanding signs on large lots may be increased as follows. The allowable sign area permitted by this Section may be distributed to one or more freestanding sign(s) for each 250 feet of lot frontage or fraction thereof. (For example, a lot with 400 feet of frontage would be permitted to have two (2) freestanding signs. See Figure 1. The total area of all freestanding signs shall comply with Table 1286.07(b).

 

 

      (3)   Signs On Lots with Multiple Public Street Frontages. For lots that have frontage on multiple public streets, each street frontage shall be calculated separately. The allowable sign area permitted by this Section may be distributed to one or more freestanding sign(s) for each 250 feet of lot frontage or fraction thereof. The total area of all freestanding signs shall comply with Table 1286.07(b). Two (2) signs may be aggregated into a single sign provided that the area of any freestanding sign face shall not exceed 175 percent (175%) of the maximum area permitted for a single sign.

      (4)   Minimum Separation of Freestanding Sign. Freestanding signs on the same lot shall be separated by a minimum of 200 feet, as measured along the street right-of-way line. For corner lots, both sides of the intersection shall be used in measuring spacing.

      (5)   Minimum Sign Setback from Intersection. On corner lots, freestanding signs shall comply with the minimum sign setback from both street rights-of-way, as set forth in Table 1286.07(b).

      (6)   Landscaping. Freestanding signs shall be erected in a landscaped setting and not on sidewalks, drives or in parking lots. Neither the landscaping nor the freestanding sign shall obstruct the view of vehicles entering or exiting the property.

      (7)   Multi-Occupant Facilities. When a freestanding sign is permitted on a site that has more than one occupant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building(s), the anchor occupant, all occupants, or some combination thereof.

   (d)   Temporary Signs In Nonresidential Districts. The following regulations for temporary signs in non-residential districts are in addition to the maximum sign area and height regulations set forth in Section 1286.07.

      (1)   Project Real Estate/Construction Signs. A project real estate or construction sign for a development project shall be permitted only in compliance with the following:

         A.   One (1) project real estate or construction sign shall be permitted for each street on which the lot has frontage.

         B.   Such sign shall be located a minimum of three (3) feet from any street right-of-way.

         C.   A project real estate or construction sign shall be erected and maintained on a lot only during the period of time that the parcel is up for sale, rent, or lease or the building project is under construction. Such temporary sign shall be removed within two (2) business days of installation of the permanent identification sign.

         D.   The maximum sign area shall be forty (40) square feet.

      (2)   Temporary Window Signs. Temporary window signs shall be attached to the interior of the building and shall comply with the following:

         A.   The area of temporary window signs, either affixed thereto or visible from the outside, shall not exceed the percentage of the window area as set forth in Section 1286.07(b)(1), Window Sign. This area is in addition to the allowable sign area for identification signs that are permanently attached to windows.

         B.   All temporary window signs shall be displayed no longer than thirty (30) days after placement, after which time such sign shall be removed. Temporary window signs shall only be displayed a maximum of four (4) times in a calendar year.

      (3)   Other Temporary Signs. A temporary sign, whether a freestanding sign; a banner attached to the front of the building; or a portable sign, shall be permitted for a period not to exceed thirty (30) days not more than four (4) times per calendar year.

         The maximum area for freestanding or banner signs shall be forty (40) square feet. The maximum height for freestanding signs shall be six (6) feet.

      (4)   Additional Regulations for Portable Signs. The maximum area shall be thirty-two (32) square feet, and the maximum height shall be six (6) feet.

      (5)   Temporary Signs. Sandwich board signs and similar types of temporary signs shall be permitted only in the B-1, B-2 and B-3 Districts. Such signs shall be placed no more than five (5) feet from the front of the building and may encroach upon the public right-of-way provided an unobstructed walkway is reserved for public passage. Such signs shall not exceed three (3) feet in height or two (2) feet in width. Sandwich board signs must be placed indoors at the close of each business day. The Planning and Zoning Administrator shall approve all such signs.

      (6)   Setbacks. All temporary freestanding signs shall be located no closer than three (3) feet from the street right-of-way line and three (3) feet from a side lot line, unless specifically regulated otherwise.

         (Ord. 8-13. Passed 5-14-13.)

   (a)   Sign Standards. Signs for all residential uses and for nonresidential uses in residential districts shall be limited in number, area, height and setback based on the type of use, as set forth in Table 1286.09(a).

 

   (b)   Supplemental Regulations for Permanent Freestanding Signs.

      (1)   Freestanding signs shall be erected in a landscaped setting and not on sidewalks, drives, or in parking lots.

      (2)   No part of a freestanding sign, the wall or entry feature on which a sign is mounted, or the landscaping shall obstruct the view of vehicles entering or exiting the property.

      (3)   For residential subdivisions, the freestanding sign shall have a maximum of two (2) sign faces per entrance and be either a double-faced freestanding sign or two (2) single-sided sign faces attached to walls or entry features located one (1) on each side of the street entrance.

      (4)   For nonresidential uses, one (1) additional primary freestanding sign shall be permitted for every 500 feet of street frontage or fraction thereof per lot greater than 500 feet. For corner lots, each street frontage shall be calculated separately. Freestanding signs on the same lot shall be separated by a minimum of 200 feet, as measured along the street right-of-way line. For corner lots, both sides of the intersection shall be used in measuring spacing.

      (5)   For nonresidential uses, a maximum of thirty percent (30%) of the permitted freestanding sign area may be devoted to changeable copy.

         A.   The changeable copy shall not be changed more than once per day.

         B.   Changeable copy may be either computer driven or manually changed.

   (c)   Supplemental Regulations for Temporary Signs. Temporary signs are permitted in Residential Districts subject to the following provisions:

      (1)   Temporary Signs for Individual Lots in R-1, R-2, R-3, and R-4 Residential Districts:

         A.   Each residential unit shall be permitted to erect temporary signs either in a window or as a freestanding sign in the front yard. The area of each temporary signs shall not exceed six (6) square feet. Such temporary sign shall be displayed for no longer than thirty (30) days, after which time such sign shall either be removed or replaced.

         B.   Temporary freestanding signs shall be located at least three (3) feet from a public right-of-way or a side lot line.

         C.   Temporary signs for commercial uses shall not be permitted in residential districts except that one (1) temporary sign promoting a garage sale or a contractor working on-site shall be permitted. Such sign shall be posted on private property for a period not to exceed seven (7) calendar days, and not more than two (2) separate occasions in any given calendar year.

         D.   The height of temporary freestanding signs shall not exceed four (4) feet.

      (2)   Project /Construction Signs. A project or construction sign shall comply with the following:

         A.   Such signs shall be located a minimum of three (3) feet from any street right-of-way.

         B.   A project or construction sign may be erected and maintained on a lot only during the period of time that the parcel is up for sale, rent, or lease or the building project is under construction. Such temporary sign shall be removed within two (2) business days of installation of the permanent identification sign.

         C.   The maximum area shall be thirty-two (32) square feet, and the maximum height shall be six (6) feet.

      (3)   Other Temporary Signs for Non-residential Uses. Such signs shall comply with the following:

         A.   One (1) temporary freestanding sign or one banner attached to the front of the building shall be permitted for a period not to exceed fourteen (14) days, four times per calendar year. Such signs may be permitted for a period longer than fourteen (14) days only when the Planning Commission approves an extended time frame. The maximum area shall be twelve (12) square feet.

         B.   A temporary freestanding sign shall be located no closer than ten (10) feet from the street right-of-way line or a side lot line.

            (Ord. 8-13. Passed 5-14-13.)

   (a)   Private signs located in the public right-of-way;

   (b)   Roof Signs;

   (c)   Billboards/off-premise signs;

   (d)   Inflatable signs, beacons and search lights;

   (e)   Flags intended for advertising or commercial purposes;

    (f)   Flashing, intermittent, or moving signs that flash or move more than five (5) times per minute, blinker, racer type, rotating, animated, or revolving signs, whirligig devices, inflatable signs and tethered balloons, pennants, ribbons, streamers, spinners, exposed light bulbs, and strings of lights not permanently mounted to a rigid background, and other similar types of attention-getting devices (THIS DOES NOT INCLUDE DYNAMIC DISPLAYS, WHICH ARE PERMITTED AND REGULATED BELOW);

   (g)   Merchandise, equipment, products, or vehicles solely placed for advertising or attention getting purposes;

   (h)   Permanent signs erected or attached to accessory structures, including outdoor furniture, benches, tables, chairs; and,

   (i)   Marquee signs.

   (a)   Changeable Copy Signs (Manual Devices). For the sole purpose of permitting areas for changeable copy, the size of a permanent freestanding sign, otherwise permitted by these regulations, may be increased in area an additional twenty (20) square feet provided that the maximum height from the ground to the top of the sign shall not exceed eight (8) feet.

      (1)   For the purpose of these regulations a changeable copy sign is a sign, or any portion thereof, where the message or graphics are not permanently affixed to the structure, framing, or background and may be periodically replaced, or covered over manually. The changeable copy portion of a sign shall comply with all other regulations of this Code including the design standards of Section 1286.15.

      (2)   When reviewing the proposed sign, the Planning Commission shall consider and establish the standards applicable for the changeable copy which may include, but are not limited to: determining the portion of the sign permitted for changeable copy; determining the suitable material and method for making changes and the manner for fastening the new copy; and establishing the color and design criteria. These standards shall be set forth in the sign permit and shall apply for the life of the sign unless otherwise amended by the Planning Commission pursuant to the administrative procedures of Section 1286.21.

   (b)   Dynamic Displays (Electronic Message Centers). Dynamic displays are defined in Chapter 1242 of the Code. Specific regulations of these signs are enumerated below.

      (1)   Dynamic displays are allowed only on monument/free-standing signs in commercial and industrial districts. Dynamic displays located in commercial/industrial districts but that are located within 100 feet of a residential zoning district must adhere to additional requirements set forth in subsection (b)(9) hereof. The required setback for a dynamic display shall comply with Section 1286.07(b) of the Code

      (2)   Dynamic displays may occupy no more than thirty percent (30%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one (1), contiguous dynamic display area is allowed on a sign face and only one (1) sign per property is permitted;

      (3)   A dynamic display may not change or move more often than once every twenty (20) seconds, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. Time, date, or temperature information is considered one dynamic display and may not be included as a component of any other dynamic display. The time, date, or temperature information itself may change no more often than once every three (3) seconds;

      (4)   The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects;

      (5)   The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign;

      (6)   Every line of copy and graphics in a dynamic display must be at least seven (7) inches in height on a road with a speed limit of twenty-five (25) to thirty-four (34) miles per hour, nine (9) inches on a road with a speed limit of thirty-five (35) to forty-four (44) miles per hour, twelve (12) inches on a road with a speed limit of forty-five (45) to fifty-four (54) miles per hour, and fifteen (15) inches on a road with a speed limit of fifty-five (55) miles per hour or more. If there is insufficient room for copy and graphics of this size in the area allowed under subsection (b)(1) hereof, then no dynamic display is allowed;

      (7)   Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the Municipality that it is not complying with the standards of this chapter;

      (8)   Dynamic displays must comply with the following brightness standards:

         A.   Dynamic displays must be designed to automatically adjust the brightness levels of the sign in response to ambient conditions. This requirement ensures the readability and brightness levels of the sign during the day and night.

         B.   Lighting levels shall not exceed one foot-candle at the property line of the site utilizing the dynamic display.

         C.   Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public roads.

         D.   No sign may be brighter than is necessary for clear and adequate visibility.

         E.   No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle.

         F.   No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.

         G.   The Municipality may require submission of a light distribution plan if deemed necessary to ensure compliance with the intent of this chapter.

      (9)   Dynamic displays located within 100 feet of a residentially zoned district shall be located away from said district and the lighting levels from the display can not exceed 0.5 foot-candles at the property line of the site utilizing the dynamic display.

         A.   The sign shall be designed with sufficient landscaping so as to properly screen it from the residential district.

         B.   The sign shall be located on the site in the best possible manner to avoid any visual obstruction to the neighboring residential properties.

   (c)   Review Authority. Both changeable copy signs and dynamic displays are subject to the review and approval of the Planning Commission. Any person not satisfied by the action of the Planning Commission can appeal to the Board of Zoning Appeals for a variance.

      (Ord. 8-13. Passed 5-14-13.)

   (a)   The lettering shall be large enough to be easily read but not overly large or out of scale with the building or site.

   (b)   The sign should be consolidated into a minimum number of elements.

   (c)   The ratio between the message and the background shall permit easy recognition of the message.

   (d)   The size, style, and location of the sign shall be appropriate to the activity of the site.

   (e)   The sign shall complement the building and adjacent buildings by being designed and placed to enhance the architecture of the building.

   (f)   Signs shall be designed with a limited number of, and harmonious use of, colors.

   (g)   Signs, if seen in series, shall have a continuity of design with the style of sign generally consistent throughout the building or block.

   (h)   Instructional signs shall contain the minimum information and the minimum area necessary to convey the message and instruct the viewer in the safe and efficient use of the facility.

   (i)   Sign Concept Plan. For multi-tenant buildings and development projects with multiple buildings in the B-1, B-2, B-3, M-1, and M-2 Districts, the Planning Commission shall approve basic sign parameters that set forth the location, size, color, and style of each tenant sign. Such sign parameters will be established when the Planning Commission reviews development plans for new buildings. Whenever the Planning Commission has approved such sign parameters, the Planning and Zoning Administrator will ensure any subsequent sign application submitted for a tenant of the development or building complies with such sign parameters.

   (a)   Illumination. Signs shall be permitted to be illuminated in compliance with the following:

      (1)   Light sources shall be shielded from all adjacent buildings and streets.

      (2)   Lights shall not be of such brightness so as to cause glare that is hazardous to pedestrians or motorists, or cause reasonable objection from adjacent residential districts.

      (3)   Signs shall not include flashing, moving, or intermittent lighting in which any part of the message changes at a rate of more than once every twenty (20) seconds.

      (4)   The illumination of signs shall not obstruct traffic control or any other public informational signs. Signs visible from sight lines along streets shall not contain symbols or words, or red and green lights that resemble highway traffic signs or devices.

      (5)   In single-family residential districts, temporary signs shall not be illuminated. Permanent, freestanding signs shall only be externally illuminated.

   (b)   Construction Standards.

      (1)   The construction, erection, safety, and maintenance shall comply with all applicable building codes.

      (2)   All signs shall be constructed in a professional manner in conformance with the appropriate building code and other applicable requirements of the Municipality and shall be structurally sound to withstand wind pressures of at least thirty (30) pounds per square foot of surface area.

      (3)   All signs shall be located and secured so as to pose no threat to pedestrian or vehicular traffic.

      (4)   Permanent signs shall be fabricated on and of materials that are of good quality and good durability.

      (5)   Electric signs and all permanent signs involving structural requirements of the building code shall be installed, repaired, altered and serviced only by a contractor licensed to perform such tasks.

      (6)   No sign shall be erected so as to project over or obstruct any window, door, fire escape, balcony, platform, stairway, ladder, vent or other means of ingress of any building.

      (7)   No sign shall be attached to a utility pole, tree, trash receptacle, bench or other structure not intended or approved as a sign support.

      (8)   Temporary signs shall be durable and weather-resistant, and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.

      (9)   No sign regulated by any of the provisions of this Chapter shall be erected in the right-of-way, in proximity to railroad crossings, or at the intersection of any streets in such a manner as to obstruct free and clear vision, or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or which makes use of the words "STOP", "LOOK", "DANGER" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.

      (10)   In the event there is a conflict between the provisions of this Section and the provisions of any applicable building codes, the provisions of the applicable building code shall govern.

   (c)   Maintenance. All signs shall be maintained in accordance with the following:

      (1)   The property owner, occupant, or other person responsible for the sign, shall maintain the sign in a condition fit for the intended use and he/she shall have a continuing obligation to comply with all building code requirements.

      (2)   If the Planning and Zoning Administrator finds that any sign is unsafe, insecure, a menace to the public, or constructed, erected, or maintained in violation of the provisions of this Code, notice shall be given in writing by the Planning and Zoning Administrator to the owner. The owner of the sign shall, within forty-eight (48) hours of such notification, correct such unsafe condition or remove the sign. If the correction has not been made within the allotted forty-eight (48) hours, the sign may be removed or altered by the Municipality to comply with these regulations at the expense of the owner or occupant of the property upon which the sign is located. The Planning and Zoning Administrator may cause any sign, which, in the Municipality's opinion, creates a danger to persons or property to be removed immediately and without notice.

      (3)   The Planning and Zoning Administrator may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition. All supporters, guys, braces and anchors for such signs shall be maintained in a safe condition.

      (4)   Abandoned Signs and Failure to Maintain. The face of any permanent sign which advertises a business that has not been conducted on the premises for 180 consecutive days, or fails to serve the purposes for which it was intended, or evidences a lack of maintenance, shall be removed by the owner, agent, or person having the beneficial use of the building, structure, or land upon which such sign is located, within ten (10) business days after written notice by the Planning and Zoning Administrator, and the sign area shall be replaced by a neutral, single background color panel or similar cover. If the sign is comprised of individually raised letters, the letters shall be removed. Upon failure to comply with such notice within the time specified in such order, the Planning and Zoning Administrator is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which the sign is located.

   (a)   Maintenance of Nonconforming Signs. Nonconforming signs shall be maintained in good condition pursuant to Section 1286.17(c), Maintenance, and may continue until such sign is required to be removed as set forth in this Chapter.

      (1)   The size or shape of the sign is changed; or

      (2)   The building to which the sign is accessory is renovated or remodeled to the extent that more than fifty percent (50%) of the gross floor area is removed or replaced, or otherwise affected by renovation or remodeling; or

      (3)   The building is expanded and the total sign area permitted for the expanded building is more than fifty percent (50%) greater than the existing sign area; or

      (4)   The business to which the sign was related terminates and has ceased operations for at least ninety (90) days and no active building permit is on file for remodeling or reconstruction. Seasonal businesses are exempt from this determination.

      (5)   When fifteen (15) years have elapsed from the effective date of this provision, which effective date is December 31, 2012.

      (1)   When any person other than the owner of the property submits a sign application, the owner of the property or a designated agent for the owner shall also sign such application.

      (2)   All signage proposals requiring review and approval shall be reviewed administratively by the Planning and Zoning Administrator for compliance with the design criteria, construction standards, maintenance, and all other applicable regulations in this Chapter.

      (3)   Approved signage proposals will receive a sign permit from the Planning and Zoning Administrator

 

   (d)   Status of Prior Violations. All violations of the sign regulations repealed by the adoption of this Zoning Code shall remain violations and all penalties and enforcement remedies set forth herein shall be available to the Municipality as though the violation were a violation of this Zoning Code. Provided, however, that if the effect of this Zoning Code is to make a sign, that was formerly unlawful or non-conforming, become lawful and/or conforming, then no enforcement action shall be taken except for the imposition and collection of penalties, other than the removal of the sign, for the violations that occurred prior to the effective date of this Zoning Code.

(Ord. 8-13. Passed 5-14-13.)

   For the purposes of these regulations, a sign shall be classified by physical design or structure and by function or purpose based on the following. The definitions for the following terms are in Chapter 1242, Definitions.

   (a)   By Location Characteristics.

      (1)   Building Sign: A building sign includes any of the following types of signs:

         A.   Awning or Canopy Sign;

         B.   Wall Sign; and,

         C.   Window Sign.

      (2)   Freestanding Sign: A freestanding sign may include any of the following types of signs:

         A.   Entrance/Exit Sign;

         B.   Instructional Sign;

         C.   Freestanding Sign.

      (3)   Projecting Sign.

      (4)   Roof Sign:

   (b)   Physical Design Characteristics.

      (1)   Banner Sign.

      (2)   Changeable Copy Sign.

      (3)   Flashing Sign.

   (c)   Function.

      (1)   Billboard.

      (2)   Building Marker.

      (3)   Instructional Sign.

      (4)   Address Sign.

      (5)   Project Real Estate/Construction Sign.

      (6)   Permanent Sign.

      (7)   Temporary Sign.

         (Ord. 8-13. Passed 5-14-13.)

   (a)   To protect property values;

   (b)   To regulate a commercial use so as to provide for orderly and safe development within Carlisle;

   (c)   To provide for and protect the health, safety and general welfare of the residents of Carlisle;

   (d)   To minimize any adverse effects on residential properties, parks, open spaces, and the non-intensive commercial zoning districts;

   (e)   To promote collocation of wireless telecommunication facilities in order to decrease the number of towers in Carlisle;

   (f)   To maintain the aesthetic appearance of the community; and,

   (g)   To maintain, where possible, the integrity of the Zoning Code.

   (a)   New wireless antennas may collocate on existing telecommunication towers or on existing structures, which have been constructed for other purposes, such as but not limited to water towers, church towers, electric transmission towers, chimneys, and silos.

   (b)   A wireless telecommunication tower may be located in an M-1 and M-2 zoning districts, when located a distance at least two (2) times the height of the tower from a residential district.

   (c)   A wireless telecommunication tower may be located within a recorded electric high tension power line easement, provided that the tower shall not exceed the height of the existing high tension power line towers by more than ten (10) feet and the wireless telecommunication tower shall be located within forty (40) feet of such existing high tension power line towers.

   (a)   Documentation shall be provided that supports the applicant's claim that no such technically suitable location exists; or

   (b)   If another tower, building or structure is technically suitable, then the applicant must show that reasonable efforts have been made to:

      (1)   Request co-location on the existing tower(s), building(s) or structure(s) and that each co-location request was rejected by the owner of the tower, building or structure; or

      (2)   Request of all owners of properties determined to be locations that are technically suitable to permit construction of a wireless telecommunication tower, within reasonable terms, and demonstrate that each request was rejected.

   (c)   As a stipulation of approving the conditional use permit to construct and operate a wireless telecommunication tower in Carlisle, the owner/operator of the wireless telecommunication tower shall be required to allow co-location until said tower has reached full antenna capacity. In no event shall the owner/operator agree to allow fewer than two (2) additional antenna platforms. Agreement to this provision shall be included in the applicant's lease with the landowner, if different from the owner/operator of such tower. Written documentation shall be presented to the Planning Commission showing that the owner of the property on which such tower is to be located has agreed to the terms of this subsection as well as all other applicable requirements, regulations and standards set forth in this Chapter.

   (d)   Any wireless telecommunication tower proposed as a conditional use shall be located a minimum of one-half (½) mile from any other wireless telecommunication tower proposed or previously approved as a conditional use.

   (a)   Towers should be of monopole design with no guy wires. A lattice-type structure may be approved when the applicant demonstrates that such a structure provides greater ability to collocate additional antenna. Towers and antennas shall be designed to meet all applicable building code requirements.

   (b)   All wireless telecommunication towers should be constructed with "stealth" design technology. Examples of stealth technology include architecturally screened roof mounted antennas, antennas integrated into architectural elements, the design of the tower to look like a light pole, power pole and trees, or other structures that may blend into the surrounding area.

   (c)   Unless otherwise provided for in this Chapter, a wireless telecommunication facility shall comply with the setback and yard requirements applicable to buildings in the underlying zone in which it is located. A wireless telecommunication tower shall be placed upon the lot in such a way as to minimize the visual impact on adjoining roads and properties. In no event shall any portion of a wireless telecommunication facility be located in front of the principal use or building on the lot.

   (d)   Recognizing that the Federal Aviation Administration (FAA) may impose greater restrictions, a wireless telecommunication tower shall in no event be more than 200 feet in height as measured from the average ground level at the base of the tower. The applicant of a proposed tower shall demonstrate that the proposed tower is the minimum height necessary to accommodate the antenna and is no higher than existing towers housing similar antenna.

   (e)   Any accessory structure related to the wireless telecommunication facility shall comply with the district regulations in which the tower is located.

   (f)   The base of the tower and all related facilities shall be completely enclosed with a solid secure fence having a minimum height of eight (8) feet. Such fence shall be equipped with a locked gate.

   (g)   A landscaped buffer area of not less than fifteen (15) feet in depth shall be located around the required fence. The buffer area shall be continuously maintained and promptly restored when necessary and shall consist of at least one of the following:

      (1)   A row of hardy evergreen trees tightly spaced and deciduous trees planted twelve (12) feet on center with a 2.5-inch caliper. The initial evergreen plantings shall be no less than six (6) feet tall and planted a maximum of five (5) feet on center.

      (2)   Existing vegetation, inclusive of trees and shrubs, shall be preserved to the maximum extent possible.

      (3)   Other appropriate landscaping that achieves the screening objective, as approved by the Planning Commission.

   (h)   The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the FAA.

   (i)   The tower shall be equipped with an appropriate anti-climbing device or shall have all climbing pegs from the lower twenty (20) feet of the tower removed and separately secured from the public.

   (j)   All towers above 100 feet shall be artificially lighted. In addition, all FAA regulations addressing safety marking and obstruction lighting shall be followed when necessary. Lighting for security purposes shall be permitted at the base of the wireless telecommunication tower.

   (k)   "No Trespassing" signs and a warning sign shall be posted on the required fence in clearly visible locations. The warning sign shall include phone numbers for the police, fire and county emergency management facilities, and a local or toll-free telephone number of whom to contact in the event of an emergency. The warning sign shall be twelve (12) inches by twelve (12) inches. No other signs or advertising shall be located anywhere on the facility or site.

   (l)   After issuance of a building permit to construct a Wireless Telecommunication Facility, the applicant shall commence construction within six (6) months and shall complete construction within one (1) year or the permit shall expire.

   (m)   All utility lines from the utility source to the Wireless Telecommunication Facility shall be underground.

      (1)   Name, address and telephone number of the owner or lessee of the parcel of land on which the telecommunications facility is to be situated.

      (2)   The legal description, including County Auditor's parcel identification number, lot number, and address upon which the telecommunications facility is to be situated.

      (3)   The names, addresses and telephone numbers of all owners of other telecommunications facilities within a 2,500 feet radius of the proposed new tower or antenna, including municipally-owned property.

      (4)   Detailed description of the wireless telecommunications towers or facility's capacity including the number and types of antenna that it can accommodate.

      (5)   Demonstration that the wireless telecommunications tower must be located where it is proposed in order to service the applicant's service area, including an explanation of why a tower at this proposed site is technically necessary.

      (6)   When the telecommunications tower is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.

      (7)   Documentation certifying that the wireless telecommunication facility complies with all current Federal Communications Commission (FCC) regulations for non-ionizing electromagnetic radiation (NIER).

      (8)   A vicinity map (at a scale of 1" = 1,000") indicating within a two (2)- mile radius of the proposed site the location of all wireless telecommunications towers and facilities and electrical utility high-tension wires.

      (9)   A list of names and phone numbers of whom to contact in an emergency. This list shall be kept current at all times.

      (10)   A list of any and all hazards that are within the secured area.

      (11)   When the proposed facility is to include a new tower, a plot plan, including all building uses within 300 feet, shall be required at a scale not less than one (1)-inch equal to 100 feet. Aerial photos and/or renderings may augment the plot plan.

   (c)   Prior to the issuance of a zoning certificate, the applicant shall post a performance guarantee, the amount of which is determined by the Planning and Zoning Administrator. The guarantee shall be for the purpose of insuring that an abandoned, obsolete or destroyed wireless telecommunication facility shall be removed in compliance with Section 1288.11. Any successor-in-interest or assignee of the applicant shall be required to additionally execute such bond.

      (1)   A report prepared by a licensed professional engineer shall be included with the submitted application and shall contain the height, design and proof of compliance with the most recent nationally-accepted structural standards as published in the American National Standards Institute/Electronic Industry Association section 222-F, as amended.

      (2)   A soil report complying with the standards of ANSI/EIA 222-F (Annex I: Geotechnical Investigations for Towers), as amended, shall be submitted to the Planning and Zoning Administrator to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.

      (3)   Wireless telecommunications towers and antennas shall be designed to withstand sustained winds of at least eighty (80) miles per hour.

      (4)   The ANSI/EIA section 222-F (Annex H: Commentary on Ice Design Criteria for Communications Structures) shall be consulted for ice load specifications.

      (5)   Elevations of existing and proposed structures showing width, depth, and height of the telecommunications facility as well as the specifications of the antenna and support structure shall be presented.

      (6)   The applicant shall present documentation that the tower is designed in accordance with the standards established in the Section 1288.09.

      (7)   The applicant shall demonstrate that the proposed tower complies with all Federal Aviation Administration regulations concerning safety.

      (8)   The applicant shall demonstrate that the proposed tower complies with all Federal Communications Commission regulations addressing radio frequency emissions standards.

      (9)   All applicants shall be required to construct or locate on a base tower structure and structure foundation that is designed to be buildable up to 200 feet above the finished grade. Although the initial capacity may be for one (1) antenna, the structure shall be designed to serve as a base for a reconstructed tower with the capacity for three (3) providers when constructed to the maximum allowable height.

   When a minor alteration is proposed to an existing building, structure or site arrangement on an existing lot of record otherwise subject to development plan review pursuant to Section 1290.03, the Planning and Zoning Administrator may make a determination that such a proposal is not subject to development plan review. Such determination shall primarily apply to small incidental construction and when the proposed construction is substantially distant and screened from the adjacent roadways and property lines.

   (a)   The applicant shall submit a scaled drawing indicating the proposed minor alteration.

   (b)   The Planning and Zoning Administrator shall review the proposal to determine that the proposal is not contrary to this Zoning Code; and will not result in any material adverse impact to the site; or surrounding areas.

   (a)   The location of all existing structures and access points.

   (b)   The general location of existing buildings, parking areas and access drives on parcels within 200 feet of the site;

   (c)   The general location of all proposed construction including buildings and structures, parking areas, and access points.

   (d)   The location of existing and proposed topography, major vegetation features, and wooded areas;

   (e)   The general layout of the proposed internal road system, indicating the proposed vehicular right-of-way of all proposed public streets and pedestrian circulation.

   (f)   The general location of common open space required for planned developments.

   (g)   A summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and common open space, and the number of proposed dwelling units by type;

   (h)   Other documentation needed for the evaluation of the preliminary development plan as may be needed to evaluate the general concept of the proposed development.

   (a)   An accurate, legal description prepared or certified by a registered surveyor of the state;

   (b)   A property location map showing existing property lines, easements, utilities and street rights-of-way;

   (c)   A final development plan, prepared by a qualified professional and drawn to an appropriate scale, indicating the following:

      (1)   Use, location and height of existing and proposed buildings and structures;

      (2)   Location of all public rights-of-way and private streets;

      (3)   Location of common open space required for planned developments.

      (4)   Location and configuration of vehicular circulation including off-street parking and loading areas; the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;

      (5)   Location of proposed and existing structures including fences, walls, signs, and lighting;

      (6)   Location and layout of all proposed and existing outdoor storage areas including storage of waste materials and location of trash receptacles;

      (7)   Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;

      (8)   Dimensions of all buildings, setbacks, parking areas, drives and walkways;

   (d)   Topographic maps showing existing and proposed grading contours and major vegetation features including existing trees over six (6) inches in diameter, wooded areas, wetlands and other environmental features;

   (e)   Architectural plans for the proposed development or use showing exterior elevations and building floor plans, site construction materials, and signs, prepared and certified by a professional engineer, architect, or surveyor;

   (f)   Landscaping and screening plans indicating the preliminary description of the location and nature of existing and proposed vegetation, landscaping, screening elements and any existing trees to be removed;

   (g)   Summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and common open space, and the number of proposed dwelling units by type;

   (h)   Other information necessary for the evaluation of the final development plan as deemed necessary by the Planning and Zoning Administrator.

   (a)   Review for Completeness. The Planning and Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Planning and Zoning Administrator shall notify the applicant of the deficiencies and place the application on hold until complete. When the application is determined complete and the application fee has been paid, the Planning and Zoning Administrator shall officially accept the application for consideration and place it on the Planning Commission's agenda.

   (b)   Distribution of Plans. When the Planning and Zoning Administrator determines that the application is complete, he/she shall forward the application to the following for review and comment. Any reports, comments, or expert opinions shall be returned to the Planning and Zoning Administrator within seven business days from the date the application is deemed complete.

      (1)   Appropriate municipal departments;

      (2)   Appropriate professional consultants.

   (c)   Transmission to the Planning Commission. Upon receiving all comments/opinions from the various departments/consultants, the Planning and Zoning Administrator shall distribute the application for development plan review and any reports prepared by the individuals in subsection (b) above to the Planning Commission.

   (a)   The preliminary development plan is consistent with the Comprehensive Plan and any other adopted plan established for the orderly development of Carlisle.

   (b)   The appropriate use and value of property within and adjacent to the area will be safeguarded.

   (c)   The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.

   (d)   The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Code.

   (a)   The plan is consistent with any plan for the orderly development of Carlisle and, when applicable, conforms in all respects to the approved or provisionally approved preliminary development plan, provided however, that the Planning Commission may authorize minor changes in the plans as specified in Section 1290.25.

   (b)   The appropriate use and value of property within and adjacent to the area will be safeguarded.

   (c)   The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.

   (d)   Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.

   (e)   The development will have adequate public service and open spaces.

   (f)   The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Code.

   (g)   The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas.

   (h)   The proposed signs:

      (1)   Are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings;

      (2)   Adequately identify the use; and

      (3)   Are located so as to maintain safe and orderly pedestrian and vehicular circulation.

   (i)   The landscape plan will adequately:

      (1)   Enhance the principal building and site;

      (2)   Maintain existing trees to the extent possible;

      (3)   Buffer adjacent incompatible uses;

      (4)   Break up large expanses of pavement with natural material; and

      (5)   Provide appropriate plant materials considering the ultimate mature size and shape of plants relative to the buildings and site, and the climate of the area, including typical weather conditions.

   (j)   Adequate provision is made for storm drainage according to the Ohio Environmental Protection Agency and the Carlisle Engineering standards.

   (k)   If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage. Staging shall be identified clearly on the final development plan.

      (1)   Approve the development plan as submitted; or

      (2)   Approve the plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements to the yard layout, open space arrangement, on-site control of access to streets or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments;

      (3)   Table the development plan to a date certain, demonstrating to the applicant an acceptable alternative plan; or

      (4)   Deny the development plan by stating specific reasons why the plan does not adhere to the requirements of this Code.

    (a)   The Planning Commission may consider elements of a final development plan to be equivalent to a requirement if:

      (1)   The proposed final development plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district;

      (2)   Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and

      (3)   The development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.

   (b)   It shall be the responsibility of the applicant to demonstrate to the Planning Commission that the provisions of this Section have been satisfied. When evaluating the application with respect to this Section, the Planning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such finding, the Commission may approve the proposed application, including waivers from the numerical standards herein, as if the application were in strict compliance with the standards and requirements in this Zoning Code.

      (Ord. 8-13. Passed 5-14-13.)