The city is hereby divided into six classes of use districts termed respectively Class U1 and U2 or Residence Districts, Class U3 or Local Retail Store District, Class U4 or Commercial District, Class U5 or Industrial District, and Class U6 or Limited Residence Business District; into ten classes of height districts termed respectively Classes H1, H2, H3, H4, H5, H6, H7, H8, H9 and H10; into three classes of area districts termed respectively Classes A1, A2 and A3; and into two classes of Building Line Districts termed respectively Classes B1 and B2; all as shown on the zoning and districting maps which accompany this zoning ordinance and are hereby approved and declared to be part hereof.

(Ord. 5547, passed 4-21-1964)

   The use, height, area and building line districts designated on such zoning and districting maps are hereby established. The map legends and rules of designation which accompany such maps are hereby declared to be part hereof.

(Ord. 4761, passed 11-17-1953)

   Except as hereinafter provided, no building, structure or premises shall be erected or used except in conformity with the regulations prescribed in this zoning ordinance for the use, height, area and building line districts in which such building, structure or premises is located.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 101.99

   For the purposes of this zoning ordinance, the various uses of buildings, structures and premises referred to in Chapter 1121 are divided into groups, classes and subdivisions as set forth in this chapter.

   (a)   Class U1 Residence uses. Single-family dwelling; double house; two-family dwelling; shared housing facilities limited to adult family home and residential facility family home.

   (b)   Class U2 Residence uses. Apartment house; shared housing facility limited to adult family home and residential facility family home.

   (c)   Class U3 Local Retail Store uses.

      (1)   Bank; office; studio; telephone exchange; wholesale sales office or sample room; ice delivery station; dry cleaning using approved nonflammable solvent machine; farming, greenhouse, nursery, truck gardening;

      (2)   Retail trade or shop for custom work or the making of articles to be sold at retail on the premises; restaurant, bar, night club; theater; moving picture show; bowling alley; miniature golf or similar minor amusement enterprise;

      (3)   Rooming house; and

      (4)   Any retail sales use not included in any other class.

   (d)   Class U4 Commercial uses.

      (1)   Skating rink or dance hall, if operated as a business for purposes of private profit;

      (2)   Storage within a building in bulk or warehouse for such material as clothing, cotton, drugs, dry goods, food, furniture, hardware, ice, machinery, paint and paint materials, pipe, rubber, shop supplies, tobacco or wool, wholesale produce market within a building; wholesale produce salesroom;

      (3)   Bottling works or central distributing station, provided the entire operation including all loading, unloading and storage is confined within an enclosed structure;

      (4)   Political signs or posters for a period of 60 days prior to and ten days subsequent to any primary or regular election; and

      (5)   Any use similar to those listed herein as Class U4, but only when so classified and approved by action of the Board of Zoning Appeals.

   (e)   Class U5 Industrial uses.

      (1)   Storage either outdoors in bulk or warehouse for such material as contractor’s equipment, building material other than lumber, cord wood or kindling, feed, fertilizer, or any similar use; wholesale produce market not within a building; shoddy manufacture; textile fabric manufacture;

      (2)   Carpet cleaning, dyeing; steam laundry;

      (3)   Cold storage plant; ice manufacture;

      (4)   Canning or preserving factory; starch, glucose or dextrine manufacture; sugar refining; tobacco manufacture; yeast manufacturing; sausage manufacture;

      (5)   Blacksmith, horseshoing or wagon shop; carriage or wagon parts manufacture; stable or wagon shed;

      (6)   Cotton machinery manufacture; cutlery or tools manufacture; electrical machinery manufacture; nonferrous metal foundry; manufacture of adding machines, cash registers, typewriters, bicycles, motor vehicles or airplanes; rasp or file factory; wire products manufacture;

      (7)   Basket material factory; furniture factory;

      (8)   Cement products manufacture; stone cutting;

      (9)   Political signs or posters for a period of 60 days prior to and ten days subsequent to any primary or regular election; and

      (10)   Any use similar to those listed herein as Class U5, but only when so classified and approved by action of the Board of Zoning Appeals.

   (f)   Class U6 Limited Residence-Business uses.

      (1)   Within any Limited Residence-business District, no building or premises shall be erected, altered, used, arranged or designated to be used, in whole or in part, for other than one or more of the uses hereinafter specified under this district, provided that:

         A.   All materials are stored inside buildings;

         B.   Setback building lines shall be as determined by the Board of Zoning Appeals, but in a B2 Building Line District shall not be less than those prescribed on the Building Line Districting Map; suitable planting is maintained in the setback area; side yards and rear yards of not less than 25 feet are provided at lot lines which are also boundary lines of residence districts; a fence or wall not less than six feet high is constructed on lot lines which are also boundary lines of residence districts or of lots used for residences;

         C.   There are adequate off-street loading and unloading facilities so designed that any standing vehicle using them is within the property lines and is either not visible from streets or not nearer than 50 feet to streets;

         D.   There is adequate off-street parking for the employees, owners and others coming to the premises on matters incidental to the uses thereof, and adequate off-street parking of trucks in space so located as not to be visible from the streets or not nearer than 50 feet to streets;

         E.   Vehicular entrance and exit to any building or premises are from a street designated as a through street or a truck route in the Traffic Code of the city, or, if the premises in question does not abut such street, then from any street approved by the Board of Zoning Appeals if it finds the probable volume and type of traffic to such premises will not materially change the existing character of such streets, nor be detrimental to the adjoining or adjacent residential area;

         F.   Trucking operations are not conducted evenings, nights, Sundays nor on holidays generally observed by business and single-shift industry;

         G.   The entire operation, including all loading, unloading and storage, is confined within an enclosed structure; and

         H.   Any resulting dust, fumes, gases, glare, heat, noises, odors, refuse matter, smoke, vapors, vibrations or other objectionable influences are effectively confined to the premises.

      (2)   An apartment building or group of apartment buildings, provided that the development has an area of not less than one acre and a street frontage of not less than 100 feet;

      (3)   Office building; bank; telephone exchange; transformer station; studio; wholesales office and sample room; research laboratory;

      (4)   Commercial sign, display or decorating shop; printing shop;

      (5)   Bottling works; ice cream plant; bakery;

      (6)   Wholesale, jobbing, distributing or warehouse storage establishment for such materials as drugs, food, rubber, plastics, tobacco products, cotton, wool, clothing, fabrics, furniture, hardware, ice, leather, metals other than scrap or junk metals, shop and store supplies, including the making, assembling, remodeling, repairing, altering, finishing or refinishing of these products or merchandise, provided the processes used comply with the limitations specified in division (f)(1) above;

      (7)   Any other building or use similar in character and operation to those listed herein, but only when so classified and approved by action of the Board of Zoning Appeals; and

      (8)   An accessory use customarily incident to a Class U6 use shall be permitted in a Class U6 District provided such accessory use is located on the same premises with the building or use to which it is accessory. A local retail use will be permitted as an accessory use provided that it is not a principal use, it fronts on a street designated as a through street or a truck route in the Traffic Code of the city and it is owned and operated by the owner or operator of the principal Class U6 use.

(Ord. 4761, passed 11-17-1953; Ord. 5531, passed 2-11-1964; Ord. 5547, passed 4-21-1964; Ord. 5887, passed 3-26-1968; Ord. 31-07, passed 9-4-2007; Ord. 32-07, passed 9-4-2007; Ord. 95-08, passed 12-2-2008)

   (a)   Uses prohibited within city. The uses listed in this section are specifically prohibited in the city.

      (1)   Letter “A”. Aircraft landing field; ammonia, bleaching powder, sulphuric acid or other chemical plants emitting noxious, corrosive or toxic fumes carrying beyond the limits of the premises; amusement park; asphalt refining or manufacture.

      (2)   Letter “B”. Blast furnace; boiler making; brewing and distilling liquors; brick, tile or ceramic insulator manufacture.

      (3)   Letter “C”. Carbon or lamp black manufacture; cellulose nitrate manufacture; cement, lime, gypsum or plaster of Paris manufacture; central distributing station for oil or petroleum products; chlorine or hydrochloric, nitric or picric acid manufacture; cider mill; coal distillation including manufacture or derivation of the by-products; coal yard, coal hoist, coal pocket or coal car trestle, except where the coal is consumed on premises; coke ovens, creosote manufacture or treatment; cotton ginning and baling; cotton seed products manufacture.

      (4)   Letter “D”. Disinfectant or insecticide manufacture; distillation of bones; dry cleaning using flammable solvent; coin-operated dry cleaning units in a U1, U2 or U6 Use District or in any building or premises containing dwelling units located in a U3, U4 or U5 Use District.

      (5)   Letter “E”. Explosive or fireworks manufacture.

      (6)   Letter “F”. Fat rendering; ferrous metal foundry; fertilizer manufacture; fish packing, storage, wholesale cleaning or market; flour mill.

      (7)   Letter “G”. Gas or oil well; gas manufacture from coal or petroleum or storage thereof; glass manufacture; glue manufacture from raw materials; grain elevator.

      (8)   Letter “H”.

      (9)   Letter “I”.

      (10)   Letter “J”.

      (11)   Letter “K”.

      (12)   Letter “L”. Locomotive manufacture; lumber yard.

      (13)   Letter “M”. Manufacture of metal powder.

      (14)   Letter “N”. (Repealed by Ord. 7967, passed March 7, 1989)

      (15)   Letter “O”.

      (16)   Letter “P”. Paper manufacture; petroleum refining; planing or saw mill; plant, other than municipal or accessory, for the incineration or reduction of garbage, offal or dead animals; plaster manufacture; power forge; swimming pool in a U1 Use District, except a private swimming pool, all portions of which, including appurtenances, are located at least 50 feet from any property line of the lot upon which such private swimming pool is located and at least 40 feet towards the rear from any setback line of such lot. Notwithstanding the foregoing limitations, the Board of Zoning Appeals and Council may reduce such 50-foot requirement to not less than 15 feet if consents of the owners and lessees of all properties contiguous to the property upon which such pool is proposed to be constructed and consents of the owners and lessees of any other properties within 50 feet of any portion of such proposed pool, including appurtenances, are filed with the city. Such consents shall be executed and filed on forms prepared and approved by the Board of Zoning Appeals.

      (17)   Letter “Q”.

      (18)   Letter “R”. Rail freight terminal; railroad roundhouse or shop; railroad yards; railway car manufacture; raw hides or skins storage, curing or tanning; reducing or refining nonferrous metals; refuse dump.

      (19)   Letter “S”. Salt works; scrap metal or junk storage; scrap paper or rag storage or baling; slaughtering of animals; smelting of copper, tin or zinc ores; soap manufacture; steel furnace blooming or rolling mill; stock yards; storage of live poultry, or poultry killing or plucking; structural metal or pipe works.

      (20)   Letter “T”. Tar distillation; tar roofing or tar waterproofing manufacture; truck freight terminal; trailer camps and trailer parking.

      (21)   Letter “U”.

      (22)   Letter “V”.

      (23)   Letter “W”. Wire or rod mill; wood distillation, including manufacture of charcoal, tar, turpentine and other by-products.

      (24)   Letter “X”.

      (25)   Letter “Y”.

      (26)   Letter “Z”.

   (b)   Prohibited uses. Any other use which in the determination of the Board of Zoning Appeals is unsanitary, noxious or offensive by reason of the emission of odors, dust, smoke, gas or noise, or which produces vibration or is dangerous to life or property is prohibited.

   (c)   Uses prohibited in certain districts.

      (1)   The following uses are prohibited in a U1 or U2 Use District: community center building; funeral home; hotel, motel, motor court or tourist home, or similar buildings or parts thereof kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests, in which five or more rooms are used for the accommodation of such guests; institution for the insane or feebleminded; museum; philanthropic or eleemosynary use or penal or correctional institution; stamping, drawing, pressing, shearing or punching metal; undertaking establishment; outdoor or indoor used automobile sales facilities; indoor sales facilities for used or secondhand merchandise of any kind or sort including clothing, jewelry, tools, furniture or furnishings.

      (2)   The following uses are prohibited in a U1, U2 or U6 Use District: billboard, signboard or advertising sign other than as an accessory use to a business; except that political signs or posters shall be permitted for a period of 120 days prior to and ten days subsequent to any primary or regular election. In a U1 or U2 Use District such political signs or posters shall be limited as follows: such signs or posters may only be placed as window signs within an occupied residence; each such sign or poster shall not exceed four and one-half square feet in area and not more than eight such signs or posters shall be placed within any occupied residence; car washing as a principal business; drive-in restaurant; open-air lots for the sale of materials, supplies or equipment (new or used); pawn shop; outdoor or indoor new or used trailer sales facilities; outdoor sales facilities for used or second hand merchandise of any kind or sort including clothing, jewelry, tools, furniture or furnishings; veterinary hospital; water supply reservoir or tower.

(Ord. 4761, passed 11-17-1953; Ord. 5104, passed 4-8-1958; Ord. 5379, passed 2-27-1962; Ord. 5547, passed 4-21-1964; Ord. 5805, passed 4-1-1967; Ord. 7832, passed 7-15-1986)  Penalty, see § 101.99

   (a)   Conditional uses within city. The listed uses in this section, being generally possible of classification in more than one use district, may be authorized in any use district, unless otherwise limited herein, under the conditions and in the manner prescribed in § 1105.02.

      (1)   Letter “A”. Any place of organized or unorganized religious observance, worship, instruction or meeting place or any place where educational, religious or other instruction, whether public or private, is given, or any place used as a residence or domicile of persons of any religious order or sect; apartment houses limited to occupancy by persons qualified as elderly, that is 62 years of age and older.

      (2)   Letter “B”. Bookstore.

      (3)   Letter “C”. Cemetery; church; condominiums.

      (4)   Letter “D”. Coin-operated dry cleaning units in a U3, U4 or U5 Use District, provided that no coin-operated, dry cleaning units shall be approved as a conditional use if located in any building or premises containing dwelling units and no coin-operated dry cleaning units shall be approved as a conditional use unless a competent trained operator is present on the premises at all times that such premises are open for business.

      (5)   Letter “E”. Electric substation. This use shall be granted only in a U3, U4, U5 or U6 Use District.

      (6)   Letter “F”.

      (7)   Letter “G”. Gasoline and oil filling station, battery or tire service station and, as accessory thereto, automobile service and repairs, but specifically excluding any body work, electric or gas welding, brush or spray painting, or any repairs requiring complete or partial disassembly of the engine, transmission, differential, cooling system, except for hose and fan belt replacement, and electrical system except for bulb, fuse or spark plug replacement; garage or repair shop for motor vehicles as defined by § 1123.01(d) when proposed in a U3 District.

      (8)   Letter “H”. Hospital.

      (9)   Letter “I”.

      (10)   Letter “J”.

      (11)   Letter “K”.

      (12)   Letter “L”.

      (13)   Letter “M”. Metal buildings, nonmasonry buildings, except frame construction of one- and two-family homes or private garages accessory to one- or two-family homes.

      (14)   Letter “N”. Nursery, day school, kindergarten or other home or institution where children are kept day or night.

      (15)   Letter “O”.

      (16)   Letter “P”. Pawn shop; off-street open-air vehicular parking facilities as an accessory use but not permitted pursuant to § 1143.01(f) and other pertinent sections of this zoning ordinance, or off-street open-air vehicular parking facilities not as an accessory use; philanthropic or eleemosynary use or penal or correctional institution; private park, playground, recreation building; public library; public or private school; private tennis court; swimming pools. Notwithstanding the foregoing provisions of this section, no swimming pool shall be approved as a conditional use in a U1 Use District except a private swimming pool all portions of which, including appurtenances, are located at least 50 feet from any property line of the lot upon which such private swimming pool is located and at least 40 feet towards the rear from any setback line of such lot. Notwithstanding the foregoing limitations, the Board of Zoning Appeals and Council may reduce such 50-foot requirement to not less than 15 feet if consents of the owners and lessees of all properties contiguous to the property upon which such pool is proposed to be constructed and consents of the owners and lessees of any other properties within 50 feet of any portion of such proposed pool, including appurtenances, are filed with the city. Such consents shall be executed and filed on forms prepared and approved by the Board of Zoning Appeals.

      (17)   Letter “Q”.

      (18)   Letter “R”.  Railway, rapid transit or motor bus passenger station, service building or yard.

      (19)   Letter “S”. Sanitarium, convalescent home, nursing home, rest home or home

for the aging, including any institution or home of refuge, care or rest for destitute, infirm, convalescent, aged or other persons requiring unusual care or public or private care or assistance.

      (20)   Letter “T”.

      (21)   Letter “U”.

      (22)   Letter “V”.

      (23)   Letter “W”.

      (24)   Letter “X”.

      (25)   Letter “Y”.

      (26)   Letter “Z”.

      (27)   Any use or occupancy not included in a U1, U2, U3, U4, U5 or U6 Use District.

   (b)   Conditional uses in certain districts.

      (1)   The following uses shall be considered conditional uses but shall not be approved as conditional uses in a U1 or U2 Use District: community center building; funeral home; hotel, motel, motor court or tourist home, or similar buildings or parts thereof kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests, in which five or more rooms are used for the accommodation of such guests; institution for the insane or feeble-minded; museum; philanthropic or eleemosynary use or penal or correctional institution; stamping, drawing, pressing, shearing or punching metal; undertaking establishment; outdoor or indoor used automobile sales facilities; indoor sales facilities for used or secondhand merchandise of any kind or sort including clothing, jewelry, tools, furniture or furnishings.

      (2)   The following uses shall be considered conditional uses but shall not be approved as conditional uses in a U1, U2, U3 or U6 Use District: billboard, signboard or advertising sign other than political signs or posters or signs accessory to a business; car washing as a principal business; open-air lots for the sale of materials, supplies or equipment (new or used); pawn shop; outdoor or indoor new or used trailer sales facilities; outdoor sales facilities for used or second hand merchandise of any kind or sort including clothing, jewelry, tools, furniture or furnishings; veterinary hospital; water supply reservoir or tower; drive-in restaurant.

      (3)   The following uses shall be considered conditional uses but shall not be approved as conditional uses in a U1, U2, U3, U4 or U6 Use District: assaying (other than gold or silver); carbon battery or electric lamp manufacture; chemicals manufacture, other than chemicals included in other classes; cellulose material manufacture other than nitrate; rubber manufacture from crude or scrap material; dyes manufacture; enameling (other than jewelry); japanning; oil cloth or linoleum manufacture; enamel, japan, lacquer, oil paint, shellac or varnish manufacture; oil compounding or barreling; printing ink manufacture; railroad spur to be used in connection with any Class U5 use; central station light or power plant; coal car trestle, coal hoist, pocket or open storage where coal is consumed on the premises; crematory.

      (4)   The following uses shall be considered conditional uses but shall not be approved as conditional uses in a U1, U2, U3 or U6 Use District: electroplating; galvanizing; garage or repair shop for motor vehicles, such repairs including body work, body painting and general welding, provided that such work is performed within a service building and that no vehicles being repaired shall be parked outside of such building; ice cream manufacture; hand laundry; job printing; newspaper printing; railroad spur to be used in connection with any Class U4 use.

      (5)   Shared housing facilities limited to adult group homes and residential facility group homes shall be considered conditional uses in the U2 District only, and shall be approved as a conditional use in the U2 District only when the Board of Zoning Appeals and City Council determines the proposed use complies with the requirements set forth in § 1125.10.

(Ord. 4761, passed 11-17-1953; Ord. 5104, passed 4-8-1958; Ord. 5378, passed 2-27-1962; Ord. 5379, passed 2-27-1962; Ord. 5531, passed 2-11-1964; Ord. 5547, passed 4-21-1964; Ord. 5805, passed 4-1-1967; Ord. 6134, passed 5-19-1970; Ord. 6354, passed 5-16-1972; Ord. 6575, passed 4-2-1974; Ord. 6719, passed 4-29-1975; Ord. 30-07, passed 9-4-2007; Ord. 96-08, passed 12-2-2008)

   (a)   Nothing contained in this zoning ordinance shall be construed as authorizing, in any zone, a use which is unsanitary, noxious or offensive by reason of the emission of odors, dust, smoke, gas or noise, or which produces vibration or is dangerous to life or property.

   (b)   The fact that the foregoing conditional uses may be authorized in certain use districts shall not be construed as requiring the Board of Zoning Appeals or Council to authorize any such use in any one of these use districts.

(Ord. 4761, passed 11-17-1953; Ord. 5104, passed 4-8-1958)

   In a Class U1 District, no building or premises shall be used and no building shall be erected which is arranged, intended or designed for a Class U2, U3, U4, U5 or U6 use.

(Ord. 5547, passed 4-21-1964)  Penalty, see § 1125.99

   In a Class U2 District, no building or premises shall be used, and no building shall be erected which is arranged, intended or designed for a Class U3, U4, U5 or U6 use. In a Class U2 District, no building or premises shall be used, and no building shall be erected, which is arranged, intended or designed to be used except for a Class U1 or U2 use or an authorized conditional use.

(Ord. 5547, passed 4-21-1964)  Penalty, see § 1125.99

   An accessory use customarily incident to a Class U1 or U2 use shall also be permitted in, respectively, a Class U1 or U2 District, provided such accessory use is located upon the same lot with the building or use to which it is accessory.

(Ord. 4761, passed 11-17-1953)

   A private garage permitted as an accessory use in a U1 District may have an area of 550 square feet for each lot having an area of 4,000 square feet or less and an additional floor area of 250 square feet may be provided for each 2,000 square feet of lot area by which such lot area exceeds 4,000 square feet. A private garage permitted as an accessory use in a U2 District may have 250 square feet of floor area for each family occupying or permitted to occupy the premises.

(Ord. 4761, passed 11-17-1953)

   (Editor’s note: Regulations pertaining to signs in residential districts are now codified in Chapter 1151 of the Planning and Zoning Code.)

   (a)   A fence, wall or other structure or a hedge may be permitted as an accessory use under the following limitations:

      (1)   That it shall not be so designed, in the opinion of the Board of Zoning Appeals, as to cause damage to an adjoining owner;

      (2)   That, except with the approval of the Board of Zoning Appeals, no fence, wall or other structural hedge shall be erected or maintained to a height of more than six feet above the grade level of the land on either side thereof; and

      (3)   No fence, wall or other structure or hedge shall be erected or maintained between a building line and the street line except with the approval of the Board of Zoning Appeals, but in no instance shall a fence or hedge be permitted between the building line and street line extending in excess of 24 inches above grade level so located as to interfere with the sight distance of persons operating motor vehicles where lawfully permitted.

   (b)   The Board of Zoning Appeals is hereby authorized to establish rules and regulations to implement the provisions of this section.

(Ord. 6591, passed 4-30-1974; Ord. 68-94, passed 6-21-1994)

   A store, trade or business shall not be permitted as an accessory use except that any person carrying on a customary home occupation for gain and requiring only customary home equipment may do so in a dwelling or apartment used by him or her as his or her private residence, provided no persons other than members of his or her own household are employed in such occupation and no trading in merchandise is carried on and no window display or sign is used to advertise such occupation.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 1125.99

   In an apartment house containing not less than 200 dwelling units, a service facility such as a restaurant, coffee shop, beauty shop or valet shop shall be deemed to be an accessory use provided that such service facility is located within such apartment house building.

(Ord. 5886, passed 3-26-1968)

   (a)   In a dwelling or apartment occupied as a private residence, rooms may be rented or table board furnished to one or two persons in accordance with the provisions of division (b) below, provided no window display or sign is used to advertise such use.

   (b)   Unless approved by the Board of Zoning Appeals, no person shall rent or lease any premises or part thereof to roomers or furnish board in violation of the provisions of this section.

      (1)   In a single-family dwelling there shall not be more than two roomers.

      (2)   In a double house or a two-family dwelling there shall not be more than one roomer in each family unit, except that upon written request by the owner and approval by the Board of Zoning Appeals there may be two roomers in one family unit and none in the other.

      (3)   In an apartment house there shall not be more than one roomer in each apartment.

      (4)   No person not living in such building shall rent or lease to any roomers.

      (5)   No person shall rent or lease to roomers on the third floor of any dwelling.

      (6)   No person shall rent or lease to roomers in the basement.

      (7)   No person shall furnish board to more than two persons.

      (8)   No person shall rent or lease rooms in any part of a building except his or her own suite or unit.

      (9)   Existing rooming houses, operated in Class U1 or U2 Districts, may continue under temporary licenses, upon the approval of the Board of Zoning Appeals.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 1125.99

   For the purposes of this zoning ordinance, a shared housing facility that may be authorized to be located in a U1 and U2 Residence District, as set forth in Chapter 1123, shall comply with the following regulations.

   (a)   Licensing requirements.

      (1)   All applicants proposing a shared housing facility shall present evidence that the facility meets the certification, licensing and approval requirements of the appropriate state agency.

      (2)   The facility shall maintain the required certification or license from the appropriate state department at all times. Failure to do so shall be a violation of this Planning and Zoning Code.

   (b)   Compliance with regulations.

      (1)   The facility shall comply with the height requirements set forth in Chapter 1133, the area requirements set forth in Chapter 1135 and side and rear yard requirements set forth in Chapter 1141 for the district in which the facility is located.

      (2)   The facility shall comply with the health, fire and safety regulations, occupancy restrictions, and building standards and regulations that apply to single-family and two-family dwellings in a U1 District when located in a U1 District and with the health, fire and safety regulations, occupancy restrictions, and building standards and regulations that apply to apartment houses in a U2 District when located in a U2 District.

   (c)   Occupancy documentation for residential facilities. Prior to a mentally retarded or developmentally disabled person commencing residence in a residential facility family home or residential facility group home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 U.S.C. § 3602(h) of the Federal Regulations.

   (d)   Separation standard. No adult family home, adult group home or residential facility group home shall be located within 1,500 feet of any other shared housing facility, including, but not limited to, any group home, halfway house or other similar use existing and operating on the effective date of this section. Separation distances shall be measured from property line to property line by the shortest distance.

   (e)   Additional regulations for adult group homes and residential facility group homes.

      (1)   All activities, programs and other events shall be directly related to the conditional use permit applied for and as it is granted, and any changes from the approved conditional use permit shall be reviewed and approved by the Board of Zoning Appeals and City Council. All activities, programs and other events, and residents of the facility shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.

      (2)   The architectural design and site layout of the shared housing facility and the height of any walls, screens or fences connected with any said facility shall be compatible with adjoining land uses and the residential character of the neighborhood.

      (3)   The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24-hour per day basis and shall, at time of application, provide documentation on the training requirements for the staff providing supervision and a weekly shift schedule identifying the number and type of staff assigned to the facility.

      (4)   Signs or other means of identifying a shared housing facility shall not be permitted.

      (5)   The applicant shall comply with the applicable parking regulations and shall make adequate provision for on-site parking of vehicles used by visitors and home supervisors.

   (f)   Shared housing facility existing and operating on the effective date of this section. Any shared housing facility lawfully existing on the effective date of this section shall be deemed to be a nonconforming use unless such facility complies with all regulations for such use set forth in this Zoning Code. Any change, modification, enlargement or alteration of such use, site development, conditions or signs, change in ownership, or change in occupancy shall only be permitted upon review and approval by the Board of Zoning Appeals and City Council.

(Ord. 97-08, passed 12-2-2008)

   (a)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 101.99 of this code of ordinances.

   (b)   Any person, or agent or officer of a corporation, who violates any of the provisions of § 1125.10 shall be subject to the penalties set forth in § 1105.99.

(Ord. 97-08, passed 12-2-2008)

   In a Class U3 District, no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used for a Class U4 or U5 use. In a Class U3 District, no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used except for a Class U1, U2 or U3 use or an authorized conditional use.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 101.99

   An accessory use customarily incident to a Class U3 use shall be permitted in a Class U3 District, provided such accessory use is located upon the same lot with the building or use to which it is accessory. A private garage, permitted as an accessory use in a U3 District, may have 250 square feet of floor area for each family occupying or permitted to occupy the premises.

(Ord. 4761, passed 11-17-1953)

   In a Class U4 District, no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used for a Class U5 use. In a Class U4 District, no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used except for a Class U1, U2, U3 or U4 use or an authorized conditional use.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 101.99

   An accessory use customarily incident to a Class U4 use shall be permitted in a Class U4 District, provided such accessory use is located upon the same lot with the building or use to which it is accessory.

(Ord. 4761, passed 11-17-1953)

   In a Class U5 District, no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used except for a Class U1, U2, U3, U4 or U5 use or an authorized conditional use.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 101.99

   An accessory use customarily incident to a Class U5 use shall be permitted in a Class U5 District, provided such accessory use is located on the same premises with the building or use to which it is accessory.

(Ord. 4761, passed 11-17-1953)

   (a)   In a Class H1 District, no building or other structure shall be erected to a height in excess of 35 feet, except that in the case of a church, school or library building such limit shall be 40 feet.

   (b)   In a Class H2 District, no building or other structure shall be erected to a height in excess of 50 feet.

   (c)   In a Class H3 District, no building or other structure shall be erected to a height in excess of 75 feet.

   (d)   In a Class H4 District, no building or other structure shall be erected to a height in excess of 100 feet.

   (e)   In a Class H5 District, no building or other structure shall be erected to a height in excess of 125 feet.

   (f)   In a Class H6 District, no building or other structure shall be erected to a height in excess of 150 feet.

   (g)   In a Class H7 District, no building or other structure shall be erected to a height in excess of 175 feet.

   (h)   In a Class H8 District, no building or other structure shall be erected to a height in excess of 200 feet.

   (i)   In a Class H9 District, no building or other structure shall be erected to a height in excess of 225 feet.

   (j)   In a Class H10 District, no building or other structure shall be erected to a height in excess of 250 feet.

   (k)   In a Class H11 District, no building or other structure shall be erected to a height in excess of 270 feet.

(Ord. 4761, passed 11-17-1953; Ord. 5145, passed 12-2-1958; Ord. 5345, passed 10-3-1961; Ord. 5387, passed 5-9-1962; Ord. 6093, passed 1-27-1970)  Penalty, see § 101.99

   (Editor’s note: Regulations pertaining to the height limit of signs are now contained in Chapter 1151 of the Planning and Zoning Code.)

   Where practical difficulties and unnecessary hardships shall result from the strict compliance with or the enforcement of the provisions of this chapter, the Board of Zoning Appeals, after public notice and hearing, shall have the power to grant variances in these height limitations in harmony with the general intent of the zoning ordinance and to secure the general welfare and substantial justice in the promotion of the public health, comfort, convenience, morals, safety and general welfare of the city. Such power shall include the power to exempt from these height limitations chimneys, elevator and stairway enclosures, cooling and ventilating towers and shafts and similar necessary service appurtenances which in total horizontal area do not exceed 20% of the horizontal roof area of a building.

(Ord. 5408, passed 8-14-1962)

   (a)   In a Class A1 District, no building shall be erected or altered to accommodate or make provision for more than one family for each 4,000 square feet of the area of the lot if an interior lot, or for each 3,200 square feet if a corner lot.

   (b)   In a Class A2 District, no building shall be erected or altered to accommodate or make provision for more than one family for each 2,000 square feet of the area of the lot if an interior lot, or for each 1,600 square feet if a corner lot.

   (c)   Areas less than 2,000 square feet per family on interior lots or 1,600 square feet per family on corner lots now or in the future authorized by action of the City Commission shall be designated as Class A3.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 101.99

   Council, in approving motels as a conditional use, may permit a lot area of not less than 600 square feet for each guest room or apartment, or combination thereof.

(Ord. 4881, passed 8-23-1955)

   The lot area used in meeting the requirements of this chapter for any one building shall not be included as a part of the required area for any other building.

(Ord. 4761, passed 11-17-1953)

   Except as herein provided, in any Class B1 or Class B2 Building Line District, no building or structure or portion of a building or structure extending above the established grade shall be erected between a building line as herein prescribed and the street line. In a U1 or U2 Use District, no motor vehicle shall be parked between a building line as herein prescribed and the street line.

(Ord. 5150, passed 12-16-1958)  Penalty, see § 101.99

   (a)   In a Class B1 Building Line District, where the buildings on 20% or more of the frontage on one side of a street between two intersecting streets are set back from the street line, the alignment of the existing buildings shall be the building line. For the purpose of determining the percentage of the frontage that is improved with buildings which are set back from the street line, the frontage of that portion of the open space adjacent to a building which is used in connection with such building shall be included. Minor irregularities in such alignment of existing buildings may be disregarded by the Board of Zoning Appeals in defining and applying this building line regulation, or the Board may, when in its opinion the general purpose and intent of this section will be better served thereby, determine that the average distance the existing buildings are back from the street line shall be the building line.

   (b)   In a Class B1 Building Line District, where less than 20% of the frontage on one side of a street between two intersecting streets is improved with buildings, the distance of the building line from the street line shall be 15% of the average depth of the lots along such frontage but need not be more than 30 feet.

(Ord. 4761, passed 11-17-1953)

   In a Class B2 Building Line District, the distance from the street line to the building line shall be as prescribed on the Building Line Districting Map.

(Ord. 4761, passed 11-17-1953)

   (a)   The following portions of a building in a Class B1 Building Line District may project from the major exterior wall into the area between the building line and the street line for the separately indicated distances:

      (1)   Unenclosed porches for not more than nine feet;

      (2)   Entries for not more than four feet if not over one and one-half stories in height;

      (3)   Front bays and chimneys for not more than two feet;

      (4)   Steps for not more than nine feet; and

      (5)   Ordinary projections of window sills, belt courses or other ornamental features for not more than four inches, and cornices, eaves or awnings for not more than three feet.

   (b)   At a street corner where a Class B1 Building Line District meets the side line of a corner lot in a Class B2 Building Line District, there shall be no setback for the first 140 feet from the corner. The Class B1 building line shall begin at the street line 140 feet from the corner and run in a straight line at an angle with the street line to reach the full Class B1 setback distance at a point along such street line distance five times the Class Bl setback distance from the point of beginning.

   (c)   In a Class B2 Building Line District, ordinary projections of window sills, belt courses or other ornamental features for not more than four inches and cornices or eaves for not more than three feet may extend into the area between the building line and the street line.

   (d)   Subject to the provisions of the City Building Code and to the limitations of pertinent sections of this zoning ordinance, the Board of Zoning Appeals is authorized to establish rules and regulations governing awnings and marquees and billboards, signboards and advertising signs, whether or not attached to a building, which project either into the area between the building line and the street line or into the street area.

(Ord. 4761, passed 11-17-1953; Ord. 5531, passed 2-11-1964)

   A nonconforming use, height, area or building setback the continuation of which was authorized by Ordinances 1575 and 1576, passed April 11, 1922, or amendments thereto, or any existing uses, heights, areas, including off-street parking and loading spaces or building setbacks conforming with such ordinances and made nonconforming by this zoning ordinance or any amendments thereto may be continued. Nothing contained in this zoning ordinance shall be construed as authorizing the continuance of any existing nonconforming use, height, area or building setback not authorized by Ordinances 1575 and 1576 or amendments thereto.

(Ord. 4761, passed 11-17-1953)

   A nonconforming use shall not be extended either within a building or upon a lot. The movement of a nonconforming use from its original position to any other position on the same lot or within the same building shall be considered an extension and therefore prohibited hereby.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 101.99

   Except as hereinafter provided, buildings or other structures which do not conform with the requirements of this zoning ordinance for use, height, area of lot, off-street parking requirements, off-street loading requirements or setback may not be subject to major repairs, substantial alterations or extensions, nor may the use be changed unless and until all the requirements of this zoning ordinance have been fulfilled so far as they apply to the particular building or structure. Where it is proposed to improve an existing building or structure by major repairs, substantial alteration or extensions, or the use of an existing building or structure is proposed to be changed and the building or structure, together with the adjacent lot area, does not fulfill the requirements of this zoning ordinance for use, height, area of lot, off-street parking requirements, off-street loading requirements or setback, the Board of Zoning Appeals may recommend to Council modification of these requirements, provided the Board of Zoning Appeals determines that the recommended modified requirements will not have a more adverse effect upon the neighborhood than the existing nonconformities and are in harmony with the general intent of this zoning ordinance and will secure the general welfare and substantial justice in the promotion of public health, comfort, convenience, morals, safety and general welfare of the city.

(Ord. 4900, passed 12-13-1955)  Penalty, see § 101.99

   A nonconforming use which is changed to a conforming use may not thereafter be changed back to any nonconforming use. A nonconforming use included in the list of prohibited uses shall not be changed except to a conforming use.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 101.99

   A nonconforming use shall not be changed to any other nonconforming use unless permission for such change has been granted by the Board of Zoning Appeals and Council, when in the opinion of the Board and Council the proposed use more closely resembles a conforming use than does the existing nonconforming use, and when such proposed use is in harmony with the general intent of this zoning ordinance and will secure the general welfare and substantial justice in the promotion of the public health, comfort, convenience, morals, safety and general welfare of the city.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 101.99

   (a)   A nonconforming use which has been abandoned shall not be resumed and shall not be replaced by a nonconforming use.

   (b)   A nonconforming use of land or a building shall be deemed abandoned when such use has been replaced by a conforming use or when the nonconforming use has ceased and has not been resumed for a continuous period of six months.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 101.99

   In any use district, every dwelling or apartment house erected or used shall have access to a public street for its sole and exclusive use. No dwelling or apartment house may be erected or used in the rear of another building unless an easement of record at least 20 feet in width for access to a public street is provided and maintained at all times for the sole and exclusive use of the rear dwelling or apartment house and not as a part of any lot or yard area required by ordinance or regulation. Such easement shall provide a driveway and walk which shall be covered with an impervious type surface. Such rear dwelling or apartment house shall not be erected nor used until separate water and sewer connections are provided directly from such dwelling or apartment house to the city water and sewer lines and such water, sewer and other underground utilities must be located within the easement area provided for herein. Such rear dwelling or apartment house shall also comply with all requirements or ordinances in regard to area, height, side yards, rear yards and other pertinent provisions. In cases where a rear dwelling or apartment house already exists and it is desired to construct a dwelling or apartment house on the front portion of the lot, the requirements of this section for rear houses must be complied with before a dwelling or apartment house may be constructed on the front portion of the lot. The dwelling or apartment house to be constructed on the front portion of the lot shall comply with all requirements or ordinances in regard to area, height, side yards, rear yards and other applicable provisions.

(Ord. 5400, passed 7-3-1962)  Penalty, see § 101.99

   (a)   In a Class U1 or U2 District, for every residential building erected, there shall be a side yard along each side lot line.

      (1)   In a Class U1 District, the dimension of each side yard shall be not less than three feet, and at least 20% of the mean width of the lot shall be devoted to side yards but not more than 16 feet need to be so devoted.

      (2)   In a Class U2 District, the dimension of each side yard shall be not less than one-sixth of the height of the building.

   (b)   In a Class U3, U4 or U5 District, no side yard shall be required, except that where the side line of the lot adjoins a Class U1 or U2 District the side yard shall be not less than one-sixth the height of the building.

   (c)   A motel with exterior windows in a side wall shall have a side yard equal to 25% of the height of such exterior wall. A motel with no exterior windows in a side wall may have such side wall built on the property line, providing the adjoining property is not in a U1 or U2 Use District, in which case the requirements of division (b) above shall govern.

   (d)   In a Class U6 District, no side yard shall be required, except that where the side line of the lot adjoins a Class U1 or U2 District the side yard shall be not less than 25 feet.

(Ord. 4761, passed 11-17-1953; Ord. 4881, passed 8-23-1955; Ord. 5547, passed 4-21-1964)

   (a)   In a Class U1 or U2 District, every residential building erected shall have a rear yard.

      (1)   In a Class U1 District, the least dimension of the rear yard shall be at least 15% of the mean depth of the lot, but such least dimension need not be more than 30 feet.

      (2)   In a Class U2 District, the least dimension of the rear yard shall not be less than one-half of the height of the building.

      (3)   Forty percent of the area of the rear yard in a Class U1 or U2 District may be occupied by a one-story accessory building not more than 15 feet in height. Such an accessory building shall not be closer than 18 inches to any property line.

   (b)   In a Class U3, U4 or U5 District where the rear line of the lot adjoins a Class U1 or U2 District, every building erected shall have a rear yard. The least dimension of such yard shall be at least 10% of the mean depth of the lot, but such least dimension need not be more than 20 feet, provided that such least dimension shall in no case be less than one-fourth of the height of the building.

   (c)   In a Class U6 District where the rear line of the lot adjoins a Class U1 or U2 District, every building erected shall have a rear yard of at least 25 feet.

(Ord. 4761, passed 11-17-1953; Ord. 5547, passed 4-21-1964)

   (a)   The area required in a yard shall be open from the yard level to the sky unobstructed, except for the ordinary projections of window sills, belt courses or other ornamental features for not more than four inches, and cornices, eaves or awnings for not more than three feet.

   (b)   An open or lattice enclosed iron fire escape may project not more than eight feet into a rear yard. The fireproof outside stairway or solid-floored balcony to a fire tower may project not more than four feet into a rear yard.

(Ord. 4761, passed 11-17-1953; Ord. 5531, passed 2-11-1964)  Penalty, see § 101.99

   (a)   Except as hereinafter provided, no residential, commercial, industrial or other building or structure shall be erected and no major repairs, substantial alterations or extensions shall be made to an existing residential, commercial, industrial or other building or structure unless off-street parking space is provided in accordance with the provisions of this zoning ordinance in the minimum amounts specified in division (c) below. Where it is proposed to improve an existing building or structure by major repairs, substantial alterations or extensions, or the use of an existing building or structure is changed and the building or structure, together with the adjacent lot area, does not fulfill the parking requirements of division (c) below, the Board of Zoning Appeals may recommend to Council a modification of these requirements, provided the Board determines that the recommended modified requirements will not have a more adverse effect upon the neighborhood than the existing nonconformities and are in harmony with the general intent of this zoning ordinance and will secure the general welfare and substantial justice in the promotion of public health, comfort, convenience, morals, safety and general welfare of the city.

   (b)   All off-street parking areas shall conform to the following requirements.

      (1)   With the exception of parking stalls in which vehicles are parked parallel to the parking aisle, the depth of any parking stall measured perpendicularly to the parking aisle shall be not less than 20 feet. Parking stalls in which vehicles are parked parallel to the parking aisle shall be not less than nine feet in depth measured perpendicularly to the parking aisle.

      (2)   With the exception of parking stalls in which vehicles are parked parallel to the parking aisle, the width of any parking stall, measured perpendicularly to the sides, shall be not less than nine feet. Parking stalls in which vehicles are parked parallel to the parking aisle shall be not less than 20 feet in width measured parallel to the parking aisle.

      (3)   The width of any parking aisle shall be not less than 25 feet.

      (4)   All parking areas shall be designed so that during a backing maneuver no part of a vehicle shall encroach beyond the limits of the parking area or into a dedicated street or setback.

      (5)   The Board of Zoning Appeals may require parking stalls in addition to the minimum specified by this zoning ordinance where the parking aisles or other portions of the parking area are to be used for any purpose other than for aisles or parking or when, because of the shape or location of the parking area in relation to any abutting streets or private property, such additional parking stalls are deemed necessary.

      (6)   In the interests of safety to persons and protection of property, the Board of Zoning Appeals may require that a protecting curb or barrier at least five inches high be placed to prevent any part of a vehicle from extending beyond the limits of the parking stall.

      (7)   Existing parking areas which are used for existing businesses may not be reduced below the minimum requirements of this zoning ordinance for new businesses unless the character of the existing business is changed to require a lesser parking area. For the purpose of interpreting the parking requirements of this zoning ordinance as relating to new businesses, such existing parking areas for existing businesses may not be used in calculating the available parking spaces required for new businesses.

   (c)   Required number of spaces.

      (1)   Dwellings shall have one off-street parking space for each dwelling unit.

      (2)   Apartment houses shall have one and one-fourth off-street parking spaces for each dwelling unit.

      (3)   Hotels, motels, clubs, rooming houses, tourist homes, dormitories, fraternities and similar places offering overnight accommodations shall have a minimum of five off-street parking spaces plus one space for each guest room. If, in addition to those spaces provided for guests, patrons or residents of the above named places, assembly halls, bars, restaurants, night clubs, retail shops or room for other shops, service establishments or businesses are provided, additional off-street parking spaces shall be provided in the amount specified in this zoning ordinance for such uses.

      (4)   Hospitals, sanatoriums, nursing homes, convalescent homes, homes for the aged and infirm and similar institutions shall have one off-street parking space for each two patient beds and one additional off-street parking space for each dormitory room and dwelling unit provided for resident personnel.

      (5)   Motion picture and other theaters shall have one off-street parking space for each six seats provided for patron use.

      (6)   Nightclubs, bars, restaurants, assembly halls, auditoriums, skating rinks, dance halls, bowling alleys, stadiums, gymnasiums, amusement parks, circus grounds, churches, funeral homes, community centers, libraries, museums and similar places of public assembly including clubs, lodges and fraternal buildings not providing overnight accommodations shall have one off-street parking space for each six seats provided for patron use or one off-street parking space for each 100 square feet of gross floor area used or intended to be used for service to the public as customers, patrons and clients, whichever requires the greater number of parking spaces.

      (7)   Buildings containing retail establishments, including personal service shops, equipment or repair shops, gasoline filling stations, motor vehicle sales or repair establishments, retail stores and banks or other financial institutions shall have one off-street parking space for each 200 square feet of gross floor area used or intended to be used for service to the public as customers, patrons and clients.

      (8)   Office buildings, including commercial, governmental and professional buildings, and medical and dental clinics, shall have one off-street parking space for each 200 square feet of gross floor area used or intended to be used for service to the public as customers, patrons and clients.

      (9)   Wholesale, manufacturing and industrial plants, including warehouses, storage buildings and yards, public utility buildings, contractor equipment and lumber yards, research laboratories, business service establishments such as blueprinting, printing and engraving and bottling works shall have one off-street parking space for each two and one-half employees.

      (10)   Schools, including academies, colleges, universities, elementary schools, junior high schools, high schools and prep schools shall have one off-street parking space for each two employees, including administrators, teachers and building maintenance personnel.

   (d)   The off-street parking facilities required by this zoning ordinance shall be on the same lot or parcel of land as the building or structure they are intended to serve. When practical difficulties, in the opinion of the Board of Zoning Appeals, prevent establishment of off-street parking facilities required by this zoning ordinance on such same lot or parcel of land, the Board of Zoning Appeals may, subject to use limitations, approve another location for such facilities if such location is reasonable and consistent with the intent of this zoning ordinance.

   (e)   No part of an off-street parking area required by this zoning ordinance for any one building or use shall be included as a part of an off-street parking area similarly required for another building or use.

   (f)   Except where otherwise permitted as a conditional use pursuant to § 1123.03(a)(16) of this zoning ordinance, off-street parking facilities as an accessory use must be located in the same or a less restricted use district as that required for the principal use of the premises.

(Ord. 4761, passed 11-17-1953; Ord. 4900, passed 12-13-1955; Ord. 4970, passed 9-18-1956; Ord. 5104, passed 4-8-1958; Ord. 5185, passed 6-30-1959;

Ord. 5286, passed 11-1-1960; Ord. 5531, passed 2-11-1964; Ord. 6353, passed 5-16-1972)

   (a)   Compliance and required area. No residential, commercial, industrial or any other building or structure shall be erected and no major repairs shall be made to existing residential, commercial, industrial or any other building or structure unless off-street truck loading space is provided in accordance with the provisions of this zoning ordinance in the minimum amounts specified in this section.

      (1)   Every department store, hospital or sanatorium, industrial plant, manufacturing establishment, retail establishment, storage warehouse and wholesale establishment which has an aggregate gross floor area of 20,000 square feet or more arranged, intended or designed for such use, shall provide off-street truck loading or unloading spaces in accordance with the following table.

 

      (2)   Every auditorium, sports arena, funeral home, hotel, apartment house, office building, restaurant and welfare institution which has an aggregate gross floor area of 100,000 square feet or more, arranged, intended or designed for such use, shall provide off-street truck loading or unloading spaces in accordance with the following table.

 

   (b)   On-site location: use of parking space prohibited. The off-street loading facilities required by this zoning ordinance shall in all cases be upon the same lot or parcel of land as the building or structure they are intended to serve. In no case shall the required off-street loading space be part of the area used to satisfy the off-street parking requirements of this zoning ordinance.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 101.99

   Except for access drives, no part of the off-street loading or parking area required by this zoning ordinance shall be within the setback distance on any street.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 101.99

   In the case of a use not specifically mentioned, the requirements for off-street parking and off-street loading facilities for a use which is so mentioned and to which such use is similar, shall apply.

(Ord. 4761, passed 11-17-1953)

   In the case of mixed uses, the total requirements for off-street parking and off-street loading space shall be the sum of the requirements of the various uses computed separately as specified in this zoning ordinance, and the off-street parking and off-street loading for one use shall not be considered as providing the required off-street parking or off-street loading space for any other use.

(Ord. 4761, passed 11-17-1953)

   Nothing in this zoning ordinance shall be construed as preventing the joint use of off-street parking or off-street loading space for two or more buildings or uses if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately.

(Ord. 4761, passed 11-17-1953)

   The schedule of requirements for off-street parking space and off-street loading space applicable to newly erected or substantially altered structures shall be a continuing obligation of the owner of the real estate on which any such structure is located so long as the structure is in existence and its use requiring vehicle parking or vehicle loading facilities continues. No owner of any building affected by this zoning ordinance shall discontinue, change or dispense with, or cause the discontinuance or change of the required vehicle parking or loading space apart from the discontinuance, sale or transfer of such structure, without establishing alternative vehicle parking or loading space which meets with the requirements of and is in compliance with this zoning ordinance. No person, firm or corporation shall use such building without acquiring such land for vehicle parking or loading space which meets with the requirements of and is in compliance with this zoning ordinance.

(Ord. 4761, passed 11-17-1953)  Penalty, see § 101.99

   In any use district, only those vehicles may be parked overnight which are normally associated with the particular uses for which the district is zoned.

(Ord. 4761, passed 11-17-1953)

   All off-street parking and loading facilities required by this zoning ordinance shall have an impervious pavement, shall be drained, lighted and maintained by the owner, shall include adequate means of ingress and egress and shall be arranged for convenient access and safety of pedestrians and vehicles. Where parking or loading areas abut a city street, there shall be a protecting curb or barrier at least three feet from the street line and parallel thereto and at least five inches high, securely anchored to the ground and extending continuously across the lot except for the necessary openings for drainage and opposite authorized driveways. The number of parking spaces in a parking area shall not be reduced except upon approval by the Board of Zoning Appeals and then only after proof that, by reason of diminution of floor area, seating, number of employees or change in other factors controlling the requirement of a certain number of parking spaces, the proposed reduction is reasonable and consistent with the intent of this zoning ordinance.

(Ord. 4761, passed 11-17-1953)

   Plans for new building construction or major repairs submitted to the Building Inspector with an application for a building permit shall show the arrangement of parking spaces and loading spaces, the provisions for ingress and egress thereto, the type of pavement, drainage features and lighting.

(Ord. 4761, passed 11-17-1953)

   (a)   The purposes of this chapter are to promote the general health, safety and welfare of the residents of the city by establishing sign regulations, as necessary, to ensure that signs are in harmony with the character of the associated use and surrounding area. A sign may be erected, placed, established, painted, created or maintained in the city only in conformance with the standards, procedures, exemptions and other requirements of this chapter.

   (b)   As more specifically set forth herein, the purposes of these sign regulations are to:

      (1)   Promote and maintain attractive, high value residential districts;

      (2)   Provide reasonable, yet appropriate, conditions for identifying businesses and commercial enterprises;

      (3)   Control the size, location and design so that signs will be aesthetically harmonious with their surroundings;

      (4)   Eliminate any conflict which would be hazardous between business or identification signs and traffic-control signs and devices;

      (5)   Provide review procedures which enable the city to comprehensively evaluate the appropriateness of the sign to the site, building and surroundings;

      (6)   Assure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment; and

      (7)   Prohibit all signs not expressly permitted by this Zoning Code.

(Ord. 165-99, passed 12-21-1999)

   (a)   The regulations and standards contained in this chapter shall apply to signs outside of the public right-of-way. A sign may only be erected, established, painted, created or maintained in the city in conformance with the standards, procedures, exemptions and other requirements of this chapter.

   (b)   No signs shall be permitted in the public right-of-way, except for the following:

      (1)   Public signs erected by or on behalf of a governmental body, when approved by the city, to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic;

      (2)   Bus stop signs erected by a public transit company;

      (3)   Informational signs of a public utility regarding its poles, lines, pipes or facilities; and

      (4)   Awning, marquee and projecting signs projecting over a public right-of-way in conformity with the conditions of § 1151.08.

   (c)   Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign and any damages caused to public property.

(Ord. 165-99, passed 12-21-1999)

   The following principles shall control the computation of sign area and sign height.

   (a)   Determining sign area or dimension.

      (1)   For a sign which is framed, outlined, painted and otherwise prepared and intended to provide a background for a sign display, the area shall include the entire portion within the outside dimensions of the background or frame.

      (2)   For a sign comprised of individual letters, figures or elements on a wall or similar surface, or an irregular shaped freestanding sign, the area of the sign shall encompass a regular, or a combination of regular geometric shapes which form, or approximate, the perimeter of all the elements in the display. When separate elements are organized to form a single sign but the elements are separated by open space, the area shall be calculated by determining the geometric form or combination of forms which comprise all the display area including the space between the elements.

      (3)   The sign area shall include the frame, but shall not include the pole or other necessary structural support unless such pole or structural support is illuminated or otherwise so designated to constitute a display surface or device.

      (4)   A freestanding sign shall have no more than two display surfaces, provided that the two display surfaces are arranged back-to-back and not more than 12 inches from each other. Each display surface shall be considered a sign face.

      (5)   In the event there is a dispute in determining the sign area or any sign dimension, the Architectural Board of Review shall have the final responsibility for making such determination.

   (b)   Determining sign height. The height of a freestanding sign in a commercial district shall be measured from the grade at the nearest right-of-way line to the top of the highest element. The height of a temporary freestanding sign in a residential district shall be measured from the grade at the base of the signpost to the top of the highest element.

   (c)   Determining building frontage. The length of the building which faces the principal street or the length of the wall of the building which contains the main entrance to the uses therein shall be considered the building frontage.

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

      (2)   Only one exterior wall of any business shall be considered its frontage.

      (3)   For multi-tenant buildings, the portion of a building which is owned or leased by a single tenant shall be considered a building unit.

      (4)   The length of a building unit is that portion of the building so occupied by a single activity and calculated in the same manner as the building frontage.

   (d)   Determining window area. The window area of a building shall be the total glass area of windows on the first floor of the wall of the building facing a public street, provided that for the purposes of these regulations, the height of windows on the first floor shall be that portion of the window within 15 feet of the grade. A window panel shall be the area of glass separated from another window panel by an opaque panel four or more inches wide.

   (e)   Determining allowable identification sign area.

      (1)   The maximum area for identification signs in commercial and special districts and conditional uses, as specified in §§ 1151.04 and 1151.06, shall include the sum of the areas of the following signs except when exempt as specified in division (e)(2) below:

         A.   Identification signs, whether awning, wall, window or marquee;

         B.   Instructional signs;

         C.   Nameplates; and

         D.   Permanent window signs.

      (2)   The following signs are exempt from being included in the maximum allowable area for identification signs:

         A.   Instructional signs which are clearly intended for instructional purposes and:

            1.   Are less than ten square feet and within 25 feet of and visible from the street;

            2.   Are located within 25 feet of, but not visible from, the street; or

            3.   Are more than 25 feet from the street.

         B.   Nameplates, when they are separate from identification signs, are located near the main entrance, are wall or window signs and only contain the street number and name of the establishment; and

         C.   Permanent window signs which occupy less than 10% of the window area.

      (3)   The following signs are permitted in addition to the gross allowable areas specified by § 1151.04 and bonuses allowed by § 1151.06 unless otherwise regulated in this Zoning Code:

         A.   Building markers;

         B.   Public purpose/safety signs;

         C.   Construction sign; and

         D.   Directional signs.

(Ord. 165-99, passed 12-21-1999)

   Signs, as permitted in the respective zoning districts, shall conform to the maximum area requirements in Schedule 1151.04 below unless regulations are otherwise specified in this Zoning Code.

 

(Ord. 165-99, passed 12-21-1999)

   The maximum height of freestanding signs, when permitted, as specified in this chapter, shall conform to the standards below.

 

(Ord. 165-99, passed 12-21-1999)

   The following sign regulations are in addition to the maximum sign area and height regulations set forth in §§ 1151.04 and 1151.05.

   (a)   Safety/security signs in residential districts. For residential dwelling units, the following shall be permitted in addition to the permitted nameplate.

      (1)   On the inside of a window, or on the glass portion of a door, or in the front yard of a dwelling, one sign not more than 175 square inches in area containing a brief statement directly relating to the physical safety and security of the occupants of the premises; examples of such statement being “Block Watch”, “Beware of Dog” and “Protected by Electronic Security System”, provided that no sign shall be placed within the minimum front yard provided for by the Zoning Code for the district in which the dwelling is located.

      (2)   No security sign that is placed within the front yard of a dwelling shall have a height, including the supporting stake or pole, that exceeds three feet. A sign may not identify a particular security system by name and/or logo or otherwise, or include any commercial message. The Architectural Board of Review shall promulgate and adopt standards relating to the color, design, material, size, shape and style of lettering of all signs.

      (3)   On the inside of a window or the glass portion of a door, a sign of not more than 16 square inches in area, containing a basic statement directly relating to the physical safety and security of the occupants of the premises, examples of such a statement being “Block Watch”, “Beware of Dog” and “Protected by Electronic Security System”. Only one sign shall be affixed to each window or door. The signs authorized by this provision shall be permitted in addition to the single sign permitted by division (a)(1) above. A sign may not identify a particular security system by name and/or logo or otherwise or include any commercial message.

   (b)   Signs in a Park District. For each public park in a Park District, one freestanding identification sign is permitted for each street frontage. Each sign shall not exceed the maximum area for institutional identification signs permitted in Schedule 1151.04. In addition, conditional uses in a Park District may have further identification signs subject to Planning Commission approval and the Architectural Board of Review.

   (c)   Freestanding signs for gasoline stations. Freestanding commercial identification signs are permitted for gasoline stations in compliance with the following regulations:

      (1)   One freestanding identification sign with a maximum area of 36 square feet per sign face is permitted per zoning lot. The area of the freestanding sign shall be in addition to the maximum area permitted in § 1151.04;

      (2)   The maximum height of a freestanding sign shall be 16 feet; and

      (3)   No portion of any freestanding sign shall project into the public right-of-way.

   (d)   Freestanding signs in an S1 Mixed Use District. Freestanding signs identifying the occupant of individual premises shall not exceed 36 square feet in area per sign face nor project more than eight feet above the ground, and shall not be located nearer than 80 feet to the boundary of the S1 District, nor nearer than 150 feet to directly abutting property under separate ownership which is in the AA or A Districts. Not more than one freestanding sign identifying the entire parcel development of the S1 District shall be permitted for each 500 feet of frontage upon a public street bounding the parcel at the time the tract was transferred to an S1 Mixed Use District, and such sign shall not exceed 150 square feet in area on each face.

   (e)   Additional allowances for commercial identification signs.

      (1)   Corner lots. Buildings located on corner lots may have an identification sign on each street side of the building provided the building wall area adjoining each street is computed separately for each allowable sign area.

      (2)   Rear entrances. There may be an additional sign not more than 15 square feet attached to the building at a public entrance not fronting on a street that opens from a parking lot or having access from a parking lot used by the public.

      (3)   Building identification for multiple- tenant commercial facilities. In addition to the permitted sign area, a site with more than one tenant shall be permitted additional sign area of one-quarter square foot for each linear foot of building frontage, not to exceed 50 square feet. Such sign area shall be limited to the identification of the commercial building.

      (4)   Signs for businesses not on the ground floor.

         A.   Each ground floor entrance providing access to tenants located above or below the ground floor, or ground floor tenants which do not have frontage on a street or parking lot, shall be permitted one square foot of sign area for each lineal foot of building frontage devoted to such entrance provided that at least ten square feet shall be permitted in any case and the maximum sign area shall be 150 square feet. Such sign shall be considered a commercial identification sign and shall comply with the regulations specified in Schedule 1151.04 for such signs. For the purposes of this section, ground floor entrance shall include that portion of the building frontage on the ground floor devoted to the lobbies or foyers or entrances providing access to tenants on other floors.

         B.   For a multi-story retail or office building, each tenant above the ground floor is permitted one permanent sign to be placed in a window of the tenant’s space, not to exceed 10% of the window area. In no case shall the maximum permitted area exceed 20 square feet. These signs may be considered in addition to the maximum allowable area for identification signs pursuant to Schedule 1151.04.

Permitted sign area at ground floor entrance = One sq. ft. for each lineal foot of building frontage devoted to entrance

   * Each entrance permitted at least ten sq. ft.

   * Maximum area = 150 sq. ft.

Permitted window sign = 10% of window area or 20 sq. ft., whichever is greater

      (5)   Window signs. In addition to the allowable identification sign area, window signs for first floor tenants shall be permitted in compliance with the following.

         A.   Permanent window signs, which is any window sign displayed for more than 60 days, shall have a maximum area no greater than 10% of the total window area. See division (e)(5)B. below. Permanent window signs that exceed 10% shall be calculated as part of the allowable identification sign area.

         B.   Window sign(s) may be aggregated onto one window panel provided such sign does not cover more than 30% of the window panel on which it is affixed.

         C.   In total, temporary window signs and permanent window signs shall be no greater than 20% of the total window area, provided further that the sign(s) shall not cover more than 30% of any one window panel.

         D.   No window sign for a first floor tenant shall be located or placed in a window at a height greater than 15 feet above grade.

         E.   Any sign placed inside a display window and which is visible from the exterior of the window shall be subject to the maximum area regulations set forth in division (e)(5)C. above.

         F.   No sign shall be painted on a window and no window shall be otherwise painted unless approved by the Architectural Board of Review.

      (6)   Awning signs. A permitted identification sign may be placed on an awning, applied to the face of the awning, in compliance with the following.

         A.   In addition to the permitted sign area, address numerals may be located on an awning provided they do not exceed one and one-half square feet in area.

         B.   Awnings may be back-lit.

         C.   All awning signs shall be subject to the review and approval of the Architectural Board of Review.

      (7)   Marquee signs. In addition to the allowable commercial identification sign area, a marquee sign (including permanent identification and changeable copy) may be permitted as a conditional use for an auditorium used for the regular showing of movies, concerts, plays and other similar productions in compliance with the following.

         A.   The size and shape of the marquee and the area of the marquee sign shall be determined by the Planning Commission during its review of the conditional use application.

         B.   The marquee sign shall be subject to the review and approval of the Architectural Board of Review.

         C.   Flashing or animated lights may be permitted as an integral part of a marquee sign with approval of both the Planning Commission and the Architectural Board of Review. Permission shall be granted only after a specific finding by the Planning Commission that the lights will not adversely impact residential properties or the general character of the commercial neighborhood in which the sign is located and a specific finding by the Architectural Board of Review that the lights will enhance the architectural qualities of the marquee and the building to which the marquee sign is attached. In the event flashing or animated lights are permitted, they may be activated or displayed only from 12:00 p.m. until 10:30 p.m. Sunday through Thursday and from 12:00 p.m. until Midnight on Friday and Saturday. The Chief Building Official upon approval of the Planning Commission may issue a special temporary permit for an extended or different period of time during which the flashing or animated lights may be activated for a special event.

         D.   These regulations shall apply to an auditorium which is a legal prior nonconforming use in a C2 District or a permitted use in a C3 District.

   (f)   Temporary signs. Temporary signs shall be permitted in any district in compliance with the following.

      (1)   Subject to the provisions of this section, temporary signs shall be permitted for the following purposes:

         A.   To express an opinion on an election, political issue or other subject, but not to propose or promote a commercial transaction or product except as provided in divisions (f)(1)B. and (f)(1)C. below;

         B.   To notify the public of the availability of the premises for sale or viewing (“for sale” or “open house”); and

         C.   To advise the public of the location of a residential personal property sale (“garage” or “yard” sale).

      (2)   Signs permitted under divisions (f)(1)B. and (f)(1)C. above are allowed only on the premises which are for sale or at which the sale is occurring. No more than one “for sale” sign shall be permitted on any premises at any one time. In addition to the one “for sale” sign, one “yard sale” or “garage sale” and one “open house” sign may be displayed at the same premises provided such signs are otherwise in compliance with the terms of this code.

      (3)   Signs may be permitted inside windows, inside the glass portion of doors and/or in yards. Window and door signs shall be limited to the first floor unless the dwelling unit or business at which they are being displayed is located entirely on the second floor or above.

      (4)   Yard signs must be supported by a solid structure, anchored into the ground. Hanging signs shall not be permitted. Yard signs must be set back at least 20 feet from the nearest edge of the sidewalk, unless the distance from the front building line to the nearest edge of the sidewalk is less than 23 feet, in which case the sign shall be placed no more than three feet from the front building line. All yard signs must be placed parallel to the street adjoining the yard upon which they are placed. On corner lots, yard signs shall not be placed in the portion of the front yard which would be covered by the corner side yard if the corner side yard were extended forward from the front building line to the front right-of-way line.

      (5)   No sign permitted by this section shall be illuminated in any manner or contain any blinking or flashing lights or moving parts.

      (6)   All temporary signs must be removed or replaced within 45 days. Except as otherwise provided herein below, any temporary sign related to a specific event (primary, general or special election, sporting event, sale of house and the like) shall be removed within five business days after the event has concluded. All “yard sale” or “garage sale” signs shall be removed within 12 hours after the sale is concluded. “Open house” signs shall be displayed only during the times the premises are actually open to the public for viewing. For the purposes of this division (f)(6), the “sale” of a property shall be deemed to have “concluded” when title transfers or when the property is withdrawn from the market, whichever first occurs.

      (7)   Religious and other holiday lights and decorations containing no commercial message are exempt from the above regulations and shall be permitted during the appropriate time of year.

      (8)   Freestanding temporary signs may be approved by the Planning Commission for a conditionally permitted use in a Park District.

      (9)   Freestanding temporary signs for institutional uses in a residential, commercial or special district for the purpose of announcing and identifying a special event may be approved by the Planning Commission. Such signs shall be displayed for a maximum of three days. Subsequent approval of such temporary sign may be approved by the Zoning Administrator provided the size and placement of the sign are the same as previously approved.

      (10)   If, due to the topography, existing foliage, or other similar condition existing as to a particular property, conformance with the setback, size and height restrictions set forth in this chapter would impair the visibility of a temporary sign as observed from the street, then the Zoning Administrator may grant exceptions to the size and/or location regulations. In determining whether to grant an exception, the sole standard to be used by the Zoning Administrator is the visibility of the sign and no sign shall exceed the height, location or distance which is reasonably necessary to render the sign visible when observed from the street. In no event shall the Zoning Administrator waive the maximum sign area.

      (11)   Freestanding temporary signs shall not be permitted in commercial districts.

   (g)   Construction signs. A construction sign shall be permitted only in compliance with the following.

      (1)   There shall be not more than one construction sign per zoning lot.

      (2)   A construction sign for an institutional use in a residential district shall identify only the name of the organization, name of the building and street address, and shall be free of any commercial advertising.

      (3)   A permit for a construction sign shall be issued and the sign shall be erected on the lot only during the period of time that the building project is under construction and while a valid building permit is in force. Such sign shall be removed within 14 days of the commencement of the intended use.

      (4)   A construction sign shall be designed in conformance with all applicable building codes and constructed with materials which are durable for the intended life of the sign as determined by the Building Commissioner.

      (5)   Application for a construction sign may be submitted and reviewed simultaneously with the associated construction project. If an application for a construction sign is submitted separately, the application shall be reviewed and approved by the Architectural Board of Review.

   (h)   Noncommercial message. Any sign authorized by this chapter is permitted to contain a noncommercial message in lieu of other messages, provided that such sign is displayed by the property owner or tenant without compensation.

(Ord. 165-99, passed 12-21-1999)

   No projecting sign shall be constructed, erected or maintained on any lot in the city except when approved as part of a projecting sign plan according to the requirements and procedures contained in this section.

   (a)   Projecting sign plan required. In a commercial or special district, a majority of business property owners of six or more contiguous zoning lots or the owner(s) of zoning lots which comprise a minimum of six store fronts may file with the Planning Commission and the Architectural Board of Review a Projecting Sign Plan for such zoning lots.

   (b)   Area and height regulations. Projecting signs shall comply with the following standards.

      (1)   Only one projecting sign per first floor tenant shall be permitted.

      (2)   The area of a projecting sign shall not exceed six square feet per sign face and shall be part of the total allowable identification sign area permitted in Schedule 1151.04.

      (3)   The lowest part of the sign shall be a minimum of ten feet above ground level and shall not project out more than four feet from the wall of the building.

      (4)   A projecting sign may be suspended from an architectural canopy provided the sign does not extend beyond such canopy.

   (c)   Attachment of projecting signs. Complete information regarding the proposed method of support and attachment of projecting signs shall be submitted with the application for the permit. No staples or nails shall be used to secure any projecting sign to any building or other structure. No part of a projecting sign shall be supported from an unbraced parapet wall.

   (d)   Elements of projecting sign plan. The projecting sign plan shall contain the following:

      (1)   Building sections and elevations at an appropriate scale;

      (2)   Computation of the maximum total sign area and the maximum area of signs for individual store fronts or building units affected by the plan;

      (3)   An accurate indication on the elevations/section drawings of the location of each existing and proposed sign; and

      (4)   The plan shall specify standards for consistency among all signs on the zoning lots included in the plan with regard to: color scheme; lettering or graphic style; materials; location on the building; sign proportions; framing; and method of attachment.

   (e)   Consent and compliance. The projecting sign plan shall be endorsed by a majority of the property owners or business tenants of the lots encompassed by the plan, and the majority of the owners and tenants shall commit to installation of a conforming projecting sign within 12 months from the time the plan is approved.

   (f)   Architectural review of individual signs. Once the plan is approved by the Planning Commission and the Architectural Board of Review, the subsequent erection or alteration of any individual projecting sign shall be approved by the Architectural Board of Review if such sign is not specifically approved as part of the projecting sign plan.

(Ord. 165-99, passed 12-21-1999)

   (a)   In addition to assuring compliance with the numerical standards of these regulations, the Zoning Administrator and the Architectural Board of Review, when approving signs, shall consider the proposed general design, arrangement, texture, material, colors, lighting placement and the appropriateness of the proposed sign in relationship to other signs and the other structures both on the premises and in the surrounding areas, and only approve signs which are consistent with the intent, purposes, standards and criteria of the sign regulations.

   (b)   Specific standards for determining the appropriateness of the sign shall include, but not be limited, to the following conditions:

      (1)   The lettering shall be large enough to be easily read from the public street but not out of scale with the building, site or street scape;

      (2)   The number of items (letters, symbols, shapes) shall be consistent with the amount of information which can be comprehended by the viewer, reflect simplicity, avoid visual clutter and improve legibility;

      (3)   The shape of the sign shall not create visual clutter;

      (4)   Signs shall have an appropriate contrast and be designed with a limited number of, and with the harmonious use of, colors. Signs, if seen in series, shall have a continuity of design with the style of sign generally consistent throughout the building or block. Continuity of design means uniformity of background colors or harmonious use of a limited range of complementary background colors;

      (5)   The size, style and location of the sign shall be appropriate to the activity of the site as prescribed elsewhere in these regulations;

      (6)   The sign shall complement the building and adjacent buildings by being designed and placed to enhance the architecture. The sign shall reflect the primary purpose of identifying the name and type of establishment;

      (7)   The sign should be consolidated into a minimum number of elements;

      (8)   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;

      (9)   A sign should be constructed with a minimum of different types of material so as to provide a consistent overall appearance;

      (10)   No part of a sign shall project above the parapet line;

      (11)   All signs in commercial and special districts may be illuminated provided that light sources to illuminate such signs shall be shielded from all adjacent residential buildings and streets, and shall not be of such brightness so as to cause glare hazardous to pedestrians or motorists, or as to cause reasonable objection from adjacent residential districts;

      (12)   No flashing or moving parts shall be permitted for any sign or advertising display within the city except when conditionally permitted as part of a marquee sign pursuant to § 1151.06(e)(7);

      (13)   No paper posters shall be applied directly to the wall or building or pole or other support. Letters or pictures in the form of advertising that are printed or painted directly on the wall of a building are prohibited, except for window signs pursuant to this chapter and conditionally permitted murals;

      (14)   No sign or advertising device shall be permitted which, by color, location or design, resembles or conflicts with traffic-control signs or devices;

      (15)   Pennants, banners, streamers, whirling devices, bare strings of light bulbs, balloons and other similar devices are prohibited except for banners and pennants when part of public information signs installed by the city pursuant to § 1151.02(b);

      (16)   All signs shall be designed, constructed and erected in a professional and workmanlike manner, in conformance with all applicable building codes, and with materials which are durable for the intended life of the sign;

      (17)   For any sign which projects above a public right-of-way, the sign owner shall obtain and maintain in force liability insurance for such sign in such form and in such amount as the Law Director may reasonably determine. Proof of such insurance shall be required prior to obtaining a permit; and

      (18)   Freestanding signs shall be designed and located so as not to obstruct a driver’s visibility entering or exiting a lot or to be a safety hazard to pedestrians or vehicles, and shall comply with any requirements set forth for maintaining clear sight at an intersection.

(Ord. 165-99, passed 12-21-1999)

   (a)   A permit shall not be required for the following signs when such signs are in full compliance with these sign regulations:

      (1)   A safety/security sign in a residential district;

      (2)   A nameplate sign in any district; or

      (3)   A temporary window sign.

   (b)   A permit is required to erect any sign not exempt in division (a) above.

   (c)   Approval from the Architectural Board of Review shall be required for the following signs:

      (1)   Multiple-family and conditional uses in residential districts, including:

         A.   Residential or institutional identification signs; and

         B.   Instructional signs that exceed ten square feet or that face the street and are within 25 feet of the public right-of-way.

      (2)   Commercial districts and special districts, including:

         A.   Commercial identification signs;

         B.   Freestanding signs (when permitted);

         C.   Projecting signs;

         D.   Instructional signs that exceed ten square feet or that face the street and are within 25 feet of the public right-of-way; and

         E.   Permanent window signs including any elements that are painted on the window.

   (d)   The city shall review and approve all public signs erected in the public right-of-way by or on behalf of a governmental body.

(Ord. 165-99, passed 12-21-1999)

   (a)   The property owner, owner of the sign, tenant and agent are required to maintain the sign in a condition fit for the intended use and in good repair, and such person or persons have a continuing obligation to comply with all Building Code requirements.

   (b)   A sign in good repair shall be free of peeling or faded paint, shall not be stained, show uneven soiling or rust streaks; shall not have chipped, cracked, broken, bent letters, panels or framing; shall not otherwise show deterioration; and shall comply with all other applicable maintenance standards of the city.

   (c)   If the sign is deemed by the Zoning Administrator to be not in good repair or in an unsafe condition, such sign shall be considered an unsafe building and structure and all city regulations applicable for the repair or removal of such sign shall apply.

   (d)   Whenever any sign, either conforming to these regulations, or nonconforming, is required to be removed for the purpose of repair, relettering or repainting, the same may be done without a permit, or any payment of fees, provided there is no alteration or enlargement to the structure or the mounting of the sign itself and the sign is accessory to a legally permitted or nonconforming use.

   (e)   Signs which no longer serve the purpose for which they were intended, which have been abandoned or which are not maintained in accordance with this chapter and other regulations of the city are hereby declared to be a public nuisance, and shall be removed by the owner within 30 days of the time such sign becomes obsolete, abandoned or not properly maintained or such sign will be removed by the city at the owner’s expense.

(Ord. 165-99, passed 12-21-1999)

   (a)   Consistent with the purposes of this Zoning Code, every graphic or other sign in violation of any provision of this chapter shall only be removed, altered or replaced so as to conform with the provisions of this code. Any sign which was in compliance with these regulations immediately prior to the effective date of this code, but, on the effective date of this code or any amendments thereto, is not in compliance with the regulations herein shall be deemed nonconforming.

   (b)   Nonconforming signs shall be removed and any subsequent modification or replacement (excluding routine maintenance pursuant to § 1151.10) shall conform to all requirements of these regulations:

      (1)   When more than 50% of the value of the sign has been destroyed or been removed;

      (2)   When the use for which the nonconforming sign is accessory, is vacant for 90 consecutive days; or

      (3)   Following five years from the date of the adoption of these regulations, or five years from the date of any amendment to these regulations which made the sign nonconforming.

   (c)   (1)   A nonconforming sign shall not be replaced, altered, modified or reconstructed, other than to comply with these regulations, except when the existing use changes its name as a result of new ownership, or for any other reason and when such replacement sign may be accomplished without any alteration or changes to the structure, framing, erection or location of the sign unless such changes conform to these regulations.

      (2)   Any proposed replacement, alteration, modification or reconstruction of a nonconforming sign shall be approved by the Architectural Board of Review.

   (d)   The Planning Commission may permit certain nonconforming signs to continue when, because of unique design features or construction qualities, the Commission determines the sign to be architecturally or historically significant. The Planning Commission shall approve such continuation in accordance with the conditional use procedures set forth in Chapter 1105 et seq. The continuation of such sign must also be approved by the Architectural Board of Review.

(Ord. 165-99, passed 12-21-1999)