Fayette City Zoning Code
ARTICLE IV
Other Use Regulations
Section 405.320 Large-Scale Residential Developments.
[R.O. 2013 § 405.320; R.O. 2005 § 23-102; Ord. No. 42.040 (B)(l)]
A.
Special provisions for large scale residential developments:
1.
Large scale residential developments, where permitted, are subject to the following conditions:
a.
The development shall have a minimum area of ten (10) acres.
b.
The housing type, minimum lot area, yard, height, and accessory uses shall be determined by the requirements and procedure set out below which shall prevail over conflicting requirements of this Article or the ordinance governing the subdivision of land.
c.
The final development plan shall follow all applicable procedures, standards and requirements of the ordinance governing the subdivision of land. The final development plan shall be prepared by and have the seal of an architect or engineer duly registered to practice in this State. No building permit shall be issued until a final plat of the proposed development is approved and recorded.
d.
The Commission shall review the conformity of the proposed development with the standards of the official City plan and recognized principles of civic design, land use planning and landscape architecture. The minimum yard and maximum height requirements of the district in which the development is located shall not apply except that minimum yards shall be provided around the boundaries of the area being developed. The Commission may impose conditions regarding the layout, circulation and performance of the proposed development and may require that appropriate deed restrictions be filed enforceable by the City for a period of twenty (20) years from date of filing. A plat of development shall be recorded regardless of whether a subdivision is proposed and such plat shall show building lines, common land, streets, easements and other applicable features required by the ordinance regulating the subdivision of land.
e.
The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools, or other non-residential uses from the gross development area and deducting twenty percent (20%) of the remainder for streets, regardless of the amount of land actually required for streets. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted.
2.
The Commission may hold one (1) or more public hearings on a final development plan. The recommendations of the Commission shall be forwarded to the board who shall approve or disapprove the action of the Commission with or without modification and after public hearing. After approval by the Board and after any required restrictions are in effect, the Building Inspector may issue permits enabling the approved final development plan to be carried out.
Section 405.330 Accessory Buildings Uses Permitted.
[R.O. 2013 § 405.330; R.O. 2005 § 23-103; Ord. No. 42.040 (B)(2)]
A.
Accessory buildings and uses are permitted when in accordance with the following:
1.
In the "RU," "RS," and "RD" Districts, accessory buildings and uses are limited to:
a.
A non-commercial greenhouse that does not exceed in floor area twenty-five percent (25%) of the ground floor area of the main building.
b.
A private residential garage used only for the housing of non-commercial passenger automobiles and with a floor area of not to exceed four hundred fifty (450) square feet. An additional floor area of two hundred (200) square feet may be provided for each three thousand (3,000) square feet of lot area by which such lot exceeds six thousand (6,000) square feet, provided that no garage shall exceed one thousand (1,000) square feet nor house more than five (5) such automobiles.
c.
Home occupation.
d.
Vegetable or flower garden.
e.
Raising and keeping of small animals and fowl, but not on a commercial basis or on a scale objectionable to neighboring property owners.
f.
Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace, and similar uses customarily accessory to residential uses.
2.
In the commercial and industrial districts, there may also be:
a.
Parking lots and garages conforming with the requirements of Article IX hereof.
b.
Use of not to exceed forty percent (40%) of the floor area of a building for incidental storage or light industrial activity.
3.
There shall be the following additional regulations for accessory buildings:
a.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used. However, nothing shall prevent the use of a temporary construction shed or road wagon for the storage of tools, material and equipment by a contractor during building construction.
b.
No accessory building may be erected in front of a main building unless the accessory building is attached to the main building by a common wall.
c.
Accessory buildings may not be used for dwelling purposes.
Section 405.340 Regulations Regarding Signs.
[R.O. 2013 § 405.340; R.O. 2005 § 23-104; Ord. No. 42.040 (B)(3); Ord. No. 01-04 § 2; Ord. No. 04-03 § 2, 2-17-2004; Ord. No. 01-04, 1-25-2016]
A.
Regulations regarding signs shall be as follows:
1.
In any "R" District, there may be a nameplate not exceeding nine (9) square feet in area attached to the wall at the entrance to be lighted only with indirect non-intermittent light.
2.
In the "B-1" District, there may be signs displayed in accordance with the following regulations:
a.
General Regulations.
(1)
Permit Required. Except as otherwise stated in the exemptions Section set out below, any person erecting, installing, constructing or structurally altering a sign in the City of Fayette in the "B-1" District must obtain a sign permit from the City of Fayette. Applications for a sign permit shall be made on a form approved by the City of Fayette.
(2)
Inspections. Any sign for which a permit has been issued may be inspected periodically by the City of Fayette for compliance with the Code of Ordinances of the City of Fayette. During construction phase, the owner or his/her designee is required to schedule all appropriate inspections in a timely manner as needed.
(3)
Maintenance Of Signs. All signs and components thereof shall be maintained in good repair and in a safe, neat, clean and attractive condition and shall be refurbished often enough to be clearly legible.
b.
General Design Issues.
(1)
Projecting Signs. Projecting wall signs that give the name of the business or the logo of the business or product sold such as a watch for a jeweler or a drug company logo. These signs should have the following characteristics:
(a)
Material. Unframed painted wood or metal panels hung from painted metal wall brackets. Wood signs with carved or sandblasted designs that are painted are also appropriate.
(b)
Lighting. Shall be non-illuminated or externally illuminated with spotlights.
(c)
Location. Bottom of sign eight (8) feet zero (0) inches above the sidewalk and below the building parapet or the second floor windows.
(2)
Wall Signs/Wall Murals. Wall signs are painted signs located in the lintel space which separates the storefront from the upper floor, and the space above the transom in the storefront where one exists. Wall murals are painted signs on the sides of the buildings. The old faded signs on the sides of the buildings are commonly called "ghost sign" and should be preserved where possible. Wall signs should have the following characteristics:
(a)
Material. Painted on brick wall or on wood or metal panels or composite materials.
(b)
Lighting. Shall be non-illuminated or externally illuminated with spotlights.
(c)
Location. Appropriate locations for wall signage on buildings with more than one (1) story shall be in the lintel space which separates the storefront from the upper floor, and the space above the transom in the storefront where one exists. Wall signs should be located on flat, unadorned parts of the building facade, somewhere above storefront display windows (where they exist) and below second-story windows (where they exist). If the building facade or storefront has a lintel strip, the wall sign should be placed directly on it. Wall signs should be located centrally on the facade. They should not protrude more than six (6) inches from the facade.
(3)
Window/Door Signs. Painted or foiled lettering on the display window glass or door glass. These often advertised a doctor, dentist or attorney. Window signs should have the following characteristics:
(a)
Material. Painted or foiled lettering.
(b)
Lighting. Natural lighting or the inside lights of the building.
(c)
Location. On the glass of the entry door or the display window at eye level.
(4)
Awning And Canopy Signs. Lettering on the front of a fabric awning or a painted sign hung from the underside of a fixed canopy. Awning or canopy signs should have the following characteristics:
(a)
Material. Lettering silk screened on awning fabric or painted on wood or metal sign panels.
(b)
Lighting. Natural lighting on the awning sign. Hung sign panels could be illuminated with external spotlights.
(c)
Location. Six-inch to eight-inch high lettering on the front valance of a fabric awning or a hung sign panel. These panels should be a maximum of twelve (12) inches high. Awning and canopy signs shall have a ground clearance of no less than eight (8) feet above the ground elevation.
(5)
Sidewalk Signage. Symbolic signage, such as barber poles, are permitted. Movable sandwich signs, also called A-frame signs, are permitted with one per business or establishment. Sidewalk signage should have the following characteristics:
(a)
Material. Painted wood or metal.
(b)
Lighting. Natural illumination. Do not internally illuminate.
(c)
Location. Shall be temporarily placed on the ground in front of the business or on the corners of the blocks in which the business is located, at the street edge of the sidewalk or at the building face. These signs should be portable so that they can be taken inside.
(6)
Permanent Principal Use Ground Signs. Ground signs shall only be permitted in the front yard of properties containing a detached, residential building that has been converted to office, retail, service, or commercial use, and/or a commercially designed building with a landscaped front yard area. Permanent principal use ground signs shall have the following characteristics:
(a)
Material. Painted wood or metal supported by two (2) wooden or metal posts, no less than four (4) inches by four (4) inches. However, single post signs, if deemed more compatible with the building, property, and/or surroundings may be allowed.
(b)
Lighting. Natural illumination or externally illuminated with spotlights directed at the sign.
(c)
Location. No more than two (2) ground signs shall be permitted per property. No ground sign shall exceed an area of thirty-two (32) square feet per sign face. This shall be considered the principal sign. If two (2) signs are erected, the second sign shall be no larger than eight (8) square feet in area. The second sign shall be considered an auxiliary sign.
c.
Number And Area Of Signs.
(1)
Principal Business Signs. Signs that identify the name and nature of the principal business are limited to two (2) per building storefront. These signs could be any combination of the sign types discussed above.
(2)
Auxiliary Signs. In addition, each business may have a sign stating hours of business and an "open" sign. These should be limited to two (2) square feet each. The "open" sign may be internally lighted.
(3)
Sign Area. The aggregate area of any principal signs shall not exceed one hundred (100) square feet. Where buildings with front wall area of one thousand (1,000) square feet or less, the aggregate sign area should not exceed approximately ten percent (10%) of the front wall area.
(4)
Lettering Size. The size of lettering on any sign type should not exceed eighteen (18) inches high.
d.
Signs Not Permitted.
(1)
Flashing or animated signs with moving parts or the effect of movement or vary in intensity of color.
(2)
Internally illuminates signs except signs indicating the business is "open."
(3)
Signs that make sounds or music.
(4)
No phosphorescent or reflective paint shall be used in any sign face or sign structure.
e.
Appeals And Variance.
(1)
In the case of a request for a variance to the sign ordinance as it pertains to the "B-1" District, the applicant must request that the Board of Adjustment review the application and issue its recommendation to the Board of Aldermen. The Board of Aldermen then shall, after giving the applicant an opportunity to be heard, render the final decision on the variance application.
(2)
Conditioning Of Variance. The Board of Adjustment may recommend and the Board of Aldermen may make any variance granted herein be subject to any conditions that it deems necessary or desirable to make the device that is permitted by the variance compatible with the other purposes of this Section.
(3)
Expiration Of Unused Variance. All variances shall expire six (6) months from the date of issuance if not used within that time period.
f.
Non-Conforming Signs. Where a lawful sign exists at the effective date of adoption or amendment of this Article that would be illegal under the terms of this Article, such sign may be continued until such time that the business it advertises has been discontinued for a period of twelve (12) months. At that time, the use of the sign shall be deemed to have been abandoned. Abandoned signs and sign structures shall be removed or brought into conformation with the provisions of this Article and any other applicable provisions of the Code of Ordinances by the sign, business or property owner within thirty (30) days of receiving notice by the City.
g.
Exemptions. Notwithstanding the foregoing provisions, the following signs shall be permitted in the "B-1" District:
(1)
Government building signs erected on a municipal, county, state or federal building.
(2)
Temporary signs indicating "For Rent," or "For Sale" or "For Lease" on any property which are removed within thirty (30) days of sale, rental or lease.
(3)
Political signs removed within thirty (30) days after the election for which they were made.
3.
In the "B-2" District, there may be signs displayed in accordance with the following regulations:
a.
Signs shall contain only the name of the business establishment or the principal business conducted on the premises, motto, slogan, insignia or combination thereof.
b.
Signs painted on a vertical surface of the building or attached thereto.
c.
Signs shall not project above the principal roof of a building except that a sign may be attached flat against or painted on a parapet wall which does not extend more than three (3) feet above such roofline.
d.
The aggregate gross area in square feet of all signs on a lot shall not exceed the number of lineal feet of frontage of such lot and in no case shall it exceed a total of three (3) square feet per foot of frontage, except on corners two (2) square feet per foot frontage.
e.
When any such sign is illuminated, the light or lights shall be shaded or concealed or shine indirectly on residential property located in any residential district; illumination of such signs shall not be flashed and no sign simulating movement shall be permitted.
f.
Gasoline filling stations may have one (1) double-faced freestanding sign not over twelve (12) inches in thickness on which shall be advertised only the trade name of the product offered for sale; the area of a double-faced sign shall be the area of one (1) face of the sign and be included as a part of the permitted area. Said sign shall not constitute a traffic hazard as determined by the City Engineer.
4.
In the "I" District there may be any advertising sign or billboard.
5.
Any home business properly licensed under the Code of Ordinances may erect one (1) sign, which shall be an unanimated, non-illuminated, flat or window sign having an area of not more than nine (9) square feet and shall be attached flat to the building or window.
6.
No person, except a public officer or any employee in the performance of a public duty, shall fasten any sign or notice or any kind on any curbstone, lamppost, pole, street or sidewalk surface, bridge or tree upon a public street. This prohibition is not to be construed as prohibiting signs or notices indicating danger or aides to service or safety, or subdivision identification signs which are to be erected with the written permission of the City Administrator. This prohibition includes, but is not limited to, advertisement, announcements of buildings or land for sale or rent, garage sales, private picnics and election campaign posters.
7.
Penalty. Any person who shall violate any provisions of this Article shall be deemed guilty of an ordinance violation and upon conviction thereof shall be punished as provided for in Chapter 100, Article III, of this Code. Every day a violation of this Article shall continue shall constitute a separate offense.
Section 405.350 Regulations Regarding Fences.
[R.O. 2013 § 405.350; R.O. 2005 § 23-105; Ord. No. 42.040 (B)(4)]
A.
Regulations regarding fences shall be as follows:
1.
No fence more than thirty percent (30%) solid or more than three (3) feet high may be located within thirty (30) feet of a street intersection.
2.
Except as provided in (1) above, fences less than four (4) feet high may be located on any part of a lot.
3.
Except as provided in (1) above, fences less than six (6) feet high may be erected on those parts of a lot that are as far back or farther back from the street than the main building.
Section 405.360 Building Requirements In "B-1" Zoning Districts.
[R.O. 2013 § 405.360; R.O. 2005 § 23-106; Ord. No. 01-23 § 2]
A.
In addition to the other requirements of this Chapter, in the "B-1" zoning district it shall be unlawful to erect or place any structure within the "B-1" zoning district without first obtaining a building permit, which shall be issued in accordance with this Section in addition to the other requirements imposed by the Code of Ordinances.
B.
In reviewing applications for building permits involving lots within the "B-1" District, the Building Inspector or other official designated by the City Administrator shall, prior to issuing said permit, ensure that the proposed structure is of such a character and nature as will be compatible with the buildings, structures and open spaces of the adjoining structures and buildings which make up the "downtown square" of the City of Fayette, said square being of recognized historical and cultural value to the City. In particular, the following features must be met prior to the issuance of the building permit.
1.
Any proposed structure must have no setback from the sidewalk if appropriate from the context and features of the adjoining and neighboring structures; and
2.
Any proposed structure must be constructed in such a way as to ensure compatibility with the massing, size and architectural features of neighboring structures within the "B-1" District so that the essential form and integrity of the historic features in the "B-1" District are preserved.
Section 405.370 Source Water Protection.
[R.O. 2013 § 405.370; R.O. 2005 § 23-107; Ord. No. 04-21 § 2]
A.
Definitions. When used in this Section, the following words and phrases shall have the meanings given in this Subsection:
HAZARDOUS WASTE OR MATERIAL
Any waste or material which because of its quantity, concentration or physical, chemical or infectious characteristics may:
1.
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
2.
Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of or otherwise managed.
REGULATORY AGENCY
Any governmental agency with jurisdiction over hazardous waste, storage tanks and public drinking water and all other environmental aspects as jurisdiction specifies.
SANITARY LANDFILL
A disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon.
B.
Establishment Of Source Water Protection Area. There is hereby established a use district to be known as a "source water protection area," and described as all the area within the delineation area of the source water protection plan, for the City water supply or any part thereof which the City has jurisdiction.
C.
Permitted Uses. The following uses shall be permitted within the source water protection area:
1.
Any use permitted within existing agricultural, single-family residential, multi-family residential, and commercial districts so long as said uses conform to the rules and regulations of the regulatory agencies.
2.
Any other open land use where any building located on the property is incidental and accessory to the primary open land use.
D.
Prohibited Uses. The following uses or conditions shall be and are hereby prohibited within the source water protection area, whether or not such use or condition may otherwise be ordinarily included as part of a use permitted by State, Federal and local regulatory agencies.
1.
Surface use or storage of hazardous material, not to include the use of agricultural pesticides, herbicides, and fertilizers, as long as such chemicals are applied as recommended by the manufacturer.
2.
Septic tanks or drain fields appurtenant thereto.
3.
Impervious surface other than roofs of buildings, streets, parking lots, driveways, and walks serving buildings permitted under Subsection (E) of this Section.
4.
Sanitary landfills.
5.
Hazardous waste disposal sites.
6.
Stormwater infiltration basins.
7.
Underground storage tanks, unless installed according to regulations of State and Federal regulatory agencies.
8.
Improperly abandoned wells.
E.
Administration. The policies and procedures for administration of any source water protection plan established under this Section, including, without limitation, those applicable to non-conforming uses, exceptions, enforcement and penalties, shall be the same as provided in the existing zoning ordinance for the City of Fayette, as the same is presently enacted or may from time to time be amended.