(5)   Swimming pools shall not be constructed under utility lines.

(1979 Code, § 151.185) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999; Am. Ord. 4457, passed 12-6-1999; Am. Ord. 4462, passed 1-13-2000 ; Am. Ord. 5044, passed 7-9-2007 ) Penalty, see § 151.999

      (3)   Prohibited species.

 

(1979 Code, § 151.186) (Ord. 4370, passed 7-20-1998; Am. Ord. 4683, passed 7-1-2002; Am. Ord. 4762, passed 8-1-2003; Am. Ord. 5618, passed 9-11-2017) Penalty, see § 151.999

      (8)    Fence materials may include treated wood, painted wood, treated split rail, ornamental wrought iron, brick, stone, masonry block, decorative painted or vinyl coated aluminum, or other materials as approved by the Planning and Zoning Office. Scrap lumber, plywood, sheet metal, plastic or fiberglass sheets are specifically prohibited. In business and manufacturing districts, in the side and rear yards only, chain link fences with vinyl slats when the slats have been permanently installed by the fence manufacturer. The color of the slats must be coordinated with the color of the building and approved by the Planning Services staff.

(1979 Code, § 151.188) (Ord. 4370, passed 7-20-1998; Am. Ord. 4462, passed 1-13-2000; Am. Ord. 4762, passed 8-1-2003 ; Am. Ord. 5044, passed 7-9-2007 ) Penalty, see § 151.999

 

 

 

(1979 Code, § 151.189) (Ord. 4370, passed 7-20-1998; Am. Ord. 4762, passed 8-1-2003; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5618, passed 9-11-2017)

         (e)   Within the Central Business District (CBD), regulations pertaining to off-street parking shall not apply to commercial buildings in existence at the time of adoption of this chapter. No off-street parking is required for nonresidential uses in the CBD unless such uses exceed 3,000 square feet of gross floor area, in which case off-street parking must be provided for the floor area in excess of 3,000 square feet. Up to 25% of the number of public parking spaces within 400 feet of a proposed building in the CBD may be counted toward the required number of spaces. These regulations are intended to provide flexibility in site development while ensuring adequate parking for the Main Street and Jackson Boulevard corridors as a whole (as amended per Ordinance No. 4542 dated December 4, 2000; as amended per Ordinance No. 4985 on September 22, 2006).

 

         (f)   All parking lots for commercial, institutional, and multi-family residential (ten or more dwelling units) uses shall be separated from adjoining non-paved surfaces with a continuous Portland cement concrete straight faced or rolled curb at least six inches in height. All parking lots shall be designed to provide adequate storm water drainage, including onsite detention capabilities. Curbed traffic islands are to be located on both ends of each parking row to facilitate safe traffic circulation within the parking lot. All curbing shall conform to city standards, unless approved otherwise by the Planning and Zoning Office.

         (g)   Required off-street parking spaces shall be so designed, arranged and regulated as to have individual spaces marked, be unobstructed and have access to an aisle or driveway so that any vehicle may be moved without moving another and so that no maneuvering directly incidental to entering or leaving a parking space shall be on any public right-of-way or in a required setback.

         (h)   1.   All parking areas shall be provided with circulation aisles of adequate dimension to assure efficient internal circulation. The minimum aisle dimension requirements indicated in Figure 26.E shall be provided for parking lots using various parking angles.

            2.    Parking lots with 300 or more spaces shall include perimeter drives and a central access drive leading to the main building.

         (i)   A shelter of not more than 50 square feet in size for use by a parking lot attendant may be maintained on a parking lot containing at least 25 spaces.

         (j)   All signage within parking areas shall conform to the standards within the sign regulation section of this chapter.

         (k)   Lighting.

            1.   A parking lot lighting plan - including pole heights, pole location, light spread, and intensity - shall be submitted as a part of the parking lot landscape plan.

            2.   All parking lot lighting within a development shall be of uniform design, color, and materials.

            3.   Lighting levels within parking areas shall be consistent with the recommendations found in the IES Lighting Handbook, latest edition, by the Illuminating Engineering Society of North America.

            4.   In all projects, lighting shall not cause illumination in excess of five-tenths foot candles of light beyond the project property line, except illumination which spills into a residential zoned or used property, which shall not exceed three-tenths foot candles.

            5.   a.   Unless otherwise approved, all project light standards shall be of uniform height, not to exceed 30 feet in height, except when lights abut or fall within 75 feet of a residential use property, where the maximum height shall not exceed 20 feet.

               b.   For parking lots in excess of 300 spaces, light standards may be a maximum of 50 feet in height provided they are located at least 200 feet from any residential use property.

            6.   To minimize visual clutter, parking lot lighting should be incorporated into planting areas where possible.

         (l)   Parking lot landscaping.

            1.   Parking lot landscape requirements shall be applicable to all parking areas in all districts, and a parking lot landscape plan shall be provided.

            2.   A landscape strip shall be provided around the perimeter of the parking lot, as defined below:

               a.   When the parking lot abuts a building(s) the strip shall be:

                  i.    Four feet wide - parking lot with one to 40 spaces or a single parallel driving aisle, or any other configuration of equal or greater square footage.

                  ii.    Six feet wide - parking lot with 41 or more spaces, or any other configuration of equal or greater square footage.

                  iii.    For single use buildings with front facades less than 100 feet in length a minimum 150 square feet of landscape area may be installed at the building entrance (total square footage for both sides of entrance) in place of the required planting strip along the front facade.

                  iv.    For buildings with an arcade across the front facade or an access aisle immediately adjacent and parallel to the front facade, the required landscaping may be consolidated at focal points along the front facade and/or incorporated into other required parking lot landscape areas (perimeter or interior).

                  v.    A landscape strip abutting a building shall have at least 50% of its length occupied by shrubs.

               b.   When the parking lot abuts a right-of-way, the strip will be:

                  i.    In the CBD District - Six feet or the building setback, whichever is greater.

                  ii.    In all other zoning districts:

1-75 spaces:         10 feet

76-150 spaces:         20 feet

151+spaces:         30 feet

               c.   When the parking lot abuts vacant land or an existing parking area with no landscape strip, the strip will have a minimum width as follows:

1-75 spaces:         6 feet

76-150 spaces:         8 feet

151+spaces:         12 feet

               d.   When the parking lot abuts an existing parking lot which provides for a perimeter landscape strip, the width of the strip will be equal to the additional width needed to create a strip with an overall minimum width as prescribed in division c. above. However, a landscape strip of at least four feet wide must extend from the property line inward.

               e.   When a parking lot abuts a residentially zoned or used property, a landscape area shall be provided as prescribed in the individual zoning district and shall have a screen as prescribed in division (C)(1) of this section.

               f.   When a new development is constructed either adjacent to or in between existing developments, the type and placement of street trees in the right-of-way along the new development shall be consistent with the type and placement of street trees along the existing development right-of-way (see Figure 26. F).

               g.    All landscape strips shall be planted with shrubbery, trees, and groundcover. There shall be one tree for every 40 feet of landscape strip.

               h.   Piped utilities, such as water, sewer, and gas, may cross through, run parallel and adjoining to, or within the outer two feet of a landscapestrip.

               i.   Cable utilities, such as electricity, cable television, and telephones located within a landscape strip must be placed a minimum of 24 inches below grade.

            iii.   Landscaping of interior parking areas.

               a.    Parking areas totaling 76 or more spaces shall provide a minimum of 10% interior landscaping. Parking areas totaling 75 or less spaces shall provide a minimum of 5% interior landscaping, which may be transferred to the perimeter of the lot(s) if interior landscaping is not possible. Plant material within parking lots shall provide for safe visibility and maintain clear site lines between three and eight feet from the top of the curb.

               b.    Interior landscaping shall occur in any combination of planting islands, planting peninsulas, and entrance ways (see Figure 26.H).

               d.   Unless otherwise approved, plantings within islands and peninsulas shall consist of at least one tree and mulch or groundcover for each 162 square feet, or portion thereof, of required landscape area. Shrubs may also be used as long as they do not exceed three feet in height.

            iv.   In cases in which trees exist on the property where the parking lot is proposed, the existing trees shall be maintained where they do not impede construction on the site and shall count toward the interior landscape requirement. Accepted best management practices for tree preservation shall be used. The location of existing trees to be saved shall be included in the landscape plan submitted to the Planning and Zoning Staff prior to site clearance.

            v.   Parking lots for 300 or more spaces requiring a central access drive shall have a minimum six foot wide landscape area on both sides and running the length of the drive. A minimum of one shade tree for every 50 lineal feet of landscape area shall be provided. This landscape area may count toward 50% of the interior landscape requirement for the adjoining parking area of the development.

         (m)   Planting standards. Planting areas can be landscaped with a variety of trees, shrubs, or other planting materials. The variety of planting materials used should be tolerant of the existing urban conditions including exhaust, salt, and poor and/or compacted soils.

            i.   Deciduous canopy trees shall be a minimum of two and one-half caliper inches d.b.h.; ornamental trees shall be a minimum two caliper inches; coniferous trees shall be a minimum of six feet in height; evergreen and deciduous shrubbery shall be a minimum of 18 inches in height, except where required as a screen.

            ii.   All deciduous and coniferous trees and shrubs shall be prepared and planted in accordance with industry standards.

            iii.   Planting islands and peninsulas shall encompass an area of not less than 162 square feet for single parking rows and 324 square feet for double parking rows.

         (n)   Visibility requirements.

            i.   All landscape plantings, shrubs, trees, walls, fences, temporary and permanent, shall permit completely unobstructed vision within a clearsight triangle in accordance with § 151.229(B) intersection visibility area.

            ii.   Landscaping installed in parking areas shall be spaced and maintained so that a visual obstruction that represents a traffic hazard is not created.

         (o)   Pedestrian access.

            i.   For business and office use developments with parking lots abutting a public right-of-way there shall be a designated route(s) for pedestrians between the public sidewalk and the main entrance of the building or to the sidewalk fronting the building in the case of a multi-entrance building as per the following:

               a.   For properties with 100 feet or less of frontage abutting a public right-of-way there shall be a minimum of one designated route.

               b.   For properties with more than 100 feet of frontage abutting a public right-of-way a minimum of one designated route per vehicular access or 300 feet of frontage, whichever is greater.

               c.   For properties with frontage abutting two or more public streets, the minimum required designated routes shall be provided along each street.

            ii.   When a public sidewalk does not exist, the following shall apply:

               a.   For new construction on vacant land, both a public sidewalk as per city standards and the required designated pedestrian connections shall be installed. The sidewalk must be constructed with a minimum five foot landscaped green space (tree lawn) between the curb and the outside edge of the sidewalk. Street trees must be planted at intervals of not less than 40 feet apart (as amended by Ordinance 5044 on July 11,2007).

               b.   For reconstruction on an existing development, a public sidewalk shall be installed if at least 40% of the properties on both sides of the street in the same block have public sidewalks, as well as the required designated pedestrian routes.

            iii.   Walkways shall be designed to be recognizable to both drivers and pedestrians. Any combination of at least two of the following walkway treatments shall be used:

               a.    Constructing the walk/ crosswalk from different materials, such as concrete or brick or other material approved or recognized under The Americans with Disabilities Act (ADA) requirements.

               b.    Placing bollards at sufficient regular intervals to delineate the walk/ crosswalk.

               c.    Aligning planting islands to define the walk/crosswalk.

               d.    Raising the walk/ crosswalk.

               e.    Painting pavement with walk/crosswalk striping.

         (p)   Drive-thru facilities.

            i.   Drive-thru lanes shall be of sufficient width so as to allow for the passage of two cars side-by-side in two marked driving lanes. In no case shall the required width be less than 16 feet. This requirement shall apply to the entire length of the queuing line of the drive-thru business. This requirement also applies to the area of the parking lot necessary for the overflow of waiting cars in the extended queuing line for drive-thru businesses. (As amended per Ordinance No. 4683 July 10, 2002.)

            ii.   Uses which offer drive-thru operations shall have a minimum first floor area of 800 square feet.

            iii.   Internal circulation and access to and egress from the site shall not substantially impair the movement of other modes of transportation, such as bicycles and pedestrians, to and through the site.

            iv.   Each facility shall provide sufficient queue area of a minimum of 20 feet per vehicle in advance of the service window to accommodate a minimum of three vehicles per establishment. The queue area may not interfere with other on-site circulation and parking facilities.

            v.   Pedestrian walkways must have clear visibility and be emphasized by enhanced paving or markings when they intersect the drive-thru aisles.

            vi.   The drive-thru use shall be screened from adjacent rights-of-way and properties through placement of the drive-thru, screening, landscaping or other site design techniques.

            vii.   Any curb cuts serving the use are not located within 200 feet of any intersection of the rights-of-way of the major streets or major arterials.

            viii.   The location, size, design and operating characteristics of the proposed facility are such that the drive-thru operation will be reasonably compatible with and have minimal negative impact on the use of nearby properties.

 

      (3)    All required off-street loading facilities shall be located within the side or rear yard of the lot on which the principle structure or use is located. In the M-1 Limited Manufacturing District and the M-2 General Manufacturing District, loading facilities may be located in front of the principal building but not in the required front yard. Off-street loading facilities shall be located in a manner to prevent vehicle maneuvering in or blockage of rights-of-way.

(1979 Code, § 151.191) (Ord. 4370, passed 7-20-1998; Am. Ord. 4462, passed 1-13-2000; Am. Ord. 4542, passed 12-4-2000; Am. Ord. 4683, passed 7-1-2002; Am. Ord. 4762, passed 8-1-2003; Am. Ord. 4960, passed 4-3-2006; Am. Ord. 4985, passed 9-11-2006; Am. Ord. 4994, passed 10-16-2006; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5618, passed 9-11-2017) Penalty, see § 151.999

      (2)    Strings of pennants, propellers, pinwheels, streamers, and similar small objects except as temporary signs;

      (6)    Roof-mounted signs;

      (7)   Animated message boards, except when located in the Central Business District at a motion picture theater or performing arts center with a minimum seating capacity of 200 seats, or when located on the city's freestanding sign on Civic Plaza;

      (8)   Signs that contain moving parts, including signs that spin or rotate; and

      (9)   All signage located in the public right-of-way except public information, directional, emergency, and traffic signs as approved by the City Engineer or his or her duly authorized agent.

 

 

 

 

               b.    Any off-premise sign located in an M-1 or M-2 District located more than 600 feet away from the boundary of any other zoning district which is not an M-1 or M-2 District, provided such sign faces away from any such other adjoining zoning district.

            1.   Shall be permitted in “B” zoning districts or on lots containing a “B” use.

            2.   Display is limited to one item per zoning lot.

            3.   Display shall not encroach over right-of-way nor have motion caused by a varying supply of air or gas.

            4.   Inflatable display shall not be roof mounted.

            5.   A zoning lot may utilize a display for a total of 30 days per calendar year (Example: 5 uses at 6 days each.)

            6.   Fee shall be $15 per site per calendar year.

            1.   Shall be permitted in “B” zoning districts or on lots containing a “B” use.

            2.   Shall be allowed in yard and/or landscaped areas. Shall not be allowed in right- of-way.

            3.   Size of yard sign is limited to 4 square feet. Height is limited to 3 feet.

            4.   A zoning lot may display 2 yard signs per street frontage.

            5.   A zoning lot may display 1 additional yard sign for each 250 feet of frontage.

            6.   A zoning lot may utilize yard signs for a total of 30 days per calendar year. (Example: 5 uses at 6 days each.)

            7.   Fee shall be $15 per site per calendar year.

            1.   Shall be permitted as attachment device to product which is for sale and is normally displayed out-of-doors.

            2.   Use of balloons is limited to 120 days in a calendar year.

            3.   Fee shall be $15 per site per calendar year.

            1.   Shall be permitted in “B” zoning districts or on lots containing a “B” use.

            2.   Banner shall be secured at top and bottom and shall be maintained in good repair.

            3.   Minimum clearance from ground shall be 12 feet.

            4.   Maximum of 1 banner per light pole.

            5.   Maximum square footage of banner shall be 25.

            6.   Fee shall be $15 per site per calendar year.

            7.   Length of display shall be unlimited as long as banner is maintained in good repair.

            1.   Shall be subject to Board of Public Works jurisdiction when proposed to be located on a public sidewalk.

            2.   One sign shall be allowed per zoning lot.

            3.   Sign shall be taken indoors at close of business each day.

            4.   Shall be limited in size to 8 square feet.

            5.   Sign location shall not compromise pedestrian or vehicle traffic.

            6.   Fee shall be $15 per site per calendar year.

            1.   Banners shall not be permitted on residentially-zoned or used properties.

            2.   Banners shall be displayed so as not to be mounted in excess of 20 feet in height.

            3.   Banners shall not be constructed as free-standing signs. A banner may be placed within the signable area of a facade that faces a parking area or right-of-way.

            4.   Banners shall not be displayed for more than 30 days per calendar year. The use of banners shall be limited to 180 days per calendar year on a zoning lot in all business and manufacturing districts, and 30 days per calendar year for all institutional uses, as defined in division (F)(6)(a) of this section.

            5.   Banners shall be limited to 1 per zoning lot, with a maximum 40 square feet in sign face area and 7.5 feet in height.

            6.   Banners shall be maintained as installed and not allowed to droop, sag, flap or become torn and frayed.

            7.   All banners shall require a zoning clearance permit and a permit fee as shown in § 151.292.

         (a)    The use of portable display signs shall be limited to 180 days per calendar year on a zoning lot in all business and manufacturing districts, and 30 days per calendar year for all institutional uses, as defined below, on a zoning lot in any residential district. Institutional uses shall include: churches, schools, libraries, charitable organizations, non-profit organizations, private clubs and lodges and other similar uses approved by the Planning and Zoning Office.

            1.    All portable display signs shall require a portable sign permit fee ($15). Permit and fee are valid for any period or periods up to 90 days in a calendar year. Original permit must be amended for each additional sign placement to record days of use in order to be valid. All portable signs shall require a portable sign zoning clearance permit and a permit fee as shown in § 151.292.

         (a)   At the termination of use of any premises, building, structure or lot, the permission to display signs associated with such use shall terminate. All wall signs shall be removed within 365 days from the date of termination of such use. Freestanding signs whose height or size or setback no longer comply with regulations shall be removed in their entirety, including all support structures within 365 days from the date of termination of such use. Freestanding signs whose height, size and setback are in compliance with regulations shall have the sign faces removed within 365 days from the date of termination of such use.

         (b)   All signs associated with the premises must be kept clean, neatly painted, and free from all hazards, such as, but not limited to faulty wiring or loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety.

      (1)   All signs shall be maintained in a good state of repair, including, but not limited to repair of defective parts, painting and cleaning. The replacement of the structural members of a non-conforming sign for the purpose of extending the life of such non-conforming sign, shall not constitute maintenance as defined in this section, but shall be considered as new construction and must thereby satisfy all requirements of this chapter.

      (2)   The owner of any property on which a sign is located and those responsible for maintenance of the sign shall be jointly responsible for the maintenance of the area in the vicinity of the sign and shall be required to keep this area mowed in accordance with city standards and maintained in a safe, clean and sanitary condition free of noxious or offensive substances and rubbish.

      (3)   The Planning and Zoning Office or authorized representative shall have the right of entry in order to inspect all signs for compliance with the provisions of this chapter.

      (4)   (a)   When any sign or adjacent area is not maintained within the provisions of this chapter, or determined otherwise unsafe, the Planning and Zoning Office or the authorized representative shall send written notice to both the owner of the property on which the sign is located and the sign owner.

         (b)   Notice shall direct the owners to remove, repair or alter the sign or to maintain the property in accordance with city standards.

         (c)   If the sign is not removed, replaced or altered or the property not properly maintained within 90 days, the city or authorized representative shall cause the sign to be removed, repaired or altered or the property to be maintained at the expense of the property and/or sign owner in accordance with the procedures of this chapter.

      (1)   If there is an increase or decrease in the size of the sign face.

      (2)   If the sign is removed from its original place of installation.

      (1)   Signs accessory to special exceptions or conditional uses may be approved by the Board as a part of the special exception or conditional use.

      (2)   If not specifically approved as part of the special exception or conditional uses, signs accessory to the uses shall conform to the sign standards of the district in which they are located.

      (1)   A zoning clearance permit shall be obtained from the Planning and Zoning Office prior to the issuance of a zoning permit for the signs as permitted herein.

      (2)   A sign permit shall be obtained from the Building Department prior to the erection of any sign listed in division (D).

      (3)   A sign permit may, at the sole discretion of the Planning and Zoning Staff, be issued for a new sign face if the existing sign base, pole and frame are located in the primary street setback, provided that:

         (a)   The new sign face will not exceed the size of the existing sign frame; and

         (b)   The Planning and Zoning Office may, but shall not be required to, waive the requirement of petitioning and receiving a variance from the Board of Zoning Appeals for the placement of an on-premise sign within a primary street/major thoroughfare setback. Basis for any waiver shall include, but not be limited to the prevailing on-premise sign setback along the primary street/major thoroughfare within 500 feet of the property. Permittee shall sign and record a primary street/major thoroughfare agreement with the city.

      (4)   An electrical permit shall be obtained from the Building Department for the erection, installation, or replacement of any sign requiring electrical power for lighting, movement or copy change.

(1979 Code, §151.194) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999; Am. Ord. 4462, passed 1-13-2000; Am. Ord. 4542, passed 12-4-2000; Am. Ord. 4592, passed 6-4-2001; Am. Ord. 4683, passed 7-1-2002; Am. Ord. 4762, passed 8-1-2003; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5175, passed 7-20-2009; Am. Ord. 5196, passed 1-4-2010)   Penalty, see § 151.999