Subject to the provisions of this section, a use of land or building, existing at the time of the enactment of this chapter, may be continued even though such use does not conform with the provisions of these regulations for the district in which it is located.

   (a)   No enlargement or expansion shall be permitted except as approved by the Board of Zoning Appeals.

   (b)   Except by variance granted by the Board, no building arranged, designed and devoted to a nonconforming use and conducted without abandonment as stated in Section 1137.02 may be reconstructed, structurally altered or enlarged in any lawful manner, or extended so as to increase floor space over that existing, unless the use of the building is changed to conforming use.

   (c)   If any nonconforming structure or use is, by any cause, damaged to the extent of fifty percent (50%) of its value as determined by the Building Inspector, it shall not thereafter be reconstructed as such.

(Ord. C79-74. Passed 1-20-75; Ord. C37-99. Passed 7-6-99.)

   (d)   Nothing in this chapter shall prevent the use of presently subdivided, nonconforming lots for purposes approved in Chapter 1135.

(Ord. C48-78. Passed 8-21-78.)

   (e)   The Board may provide, upon appeal from a refusal of issuance of a permit by the Building Inspector for completion, restoration, reconstruction, extension or substitution of any nonconforming use.

(Ord. C79-74. Passed 1-20-75.)

   A nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such nonconforming use. The enactment of this section shall not in any way affect the force and legality of previous orders requiring the discontinuance of nonconforming uses. A nonconforming use shall be considered abandoned, as follows:

   (a)   When the intent of the owner to discontinue use is apparent.

(Ord. C79-74. Passed 1-20-75.)

   (b)   When voluntarily discontinued for a period of not less than six months.

(Ord. C54-91. Passed 8-19-91.)

   (c)   When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within ninety days, unless other facts show intention to resume the nonconforming use.

   (d)   When such nonconforming use has been replaced by a conforming use.

   (e)   When such nonconforming use has been changed to another use by special permission from the Board of Zoning Appeals.

(Ord. C79-74. Passed 1-20-75.)

   Nothing contained herein shall require any change in plans, construction or designated use of buildings for which a building permit has been issued; and

   (a)   The construction of which has begun within ninety days of the date of such permit;

   (b)   The ground story framework, including the second tier of beams have been completed within one year of the date of such permit;

   (c)   The entire building has been completed according to such plans as filed within three years from the date of passage of this Zoning Code (January 20, 1975).

(Ord. C79-74. Passed 1-20-75.)

   On properties currently in use where setback lines are not established the following shall govern:

   (a)   On property fronting upon any street where forty percent or more of such frontage is improved with residences, all future buildings shall maintain a frontage aligned with the existing buildings. Such alignment shall be regular within a range of variation no greater than three feet. For cases where existing alignments vary to a greater extent, the Planning Commission shall establish rules for defining and regulating building lines as may in its opinion serve the purpose of this section.

   (b)   On property fronting upon any street where sixty percent or more of such frontage is improved with buildings that are built at the street line, the street line shall be the building line.

   (c)   Whenever any parcel of land now separately owned, and which was so owned prior to the passage of this chapter (January 20, 1975), is of such restricted area that it cannot be appropriately improved without building beyond the front yard line established by the above sections, the Planning Commission shall, on application in a specific case, authorize the construction of a building beyond such front yard line to an extent necessary to secure an appropriate improvement of such parcel of land.

   (d)   On lots adjoining a street frontage along which either no building line or a front yard line nearer to the street is provided; the Planning Commission may, upon application in a specific case, permit a building or a portion thereof to be erected beyond the building line as herein provided.

(Ord. C79-74. Passed 1-20-75.)

   (a)   If the building is not over two stories in height, the cornices or eaves may project not over two feet into the side yard.

   (b)   An open fire escape may project not more than four feet into a side or rear yard.

(Ord. C79-74. Passed 1-20-75.)

   (c)   No fence on any lot shall be erected more than five feet (60 inches) in height above the plane of the finished grade of a lot at the location of the fence on the lot, except screening or privacy fences. The height of a screening or privacy fence shall not exceed the height of six feet (72 inches). A screening or privacy fence shall be constructed of wood conditioned for exterior use or chain link with metal slabs of one color.

   No fence shall be erected between the building setback line and the street right-of-way line except:

      (1)   On corner lots: A decorative fence shall be permitted parallel to and within one foot (1') of the right-of-way line of the street parallel to the lot's side yard and shall be installed so as to not obstruct the vision of vehicular and pedestrian traffic through the intersection. The fence shall not be over forty-two inches (42") in height and constructed of no more than three (3) split rails or boards which do not exceed six inches (6") in width. The rails or boards shall have at least six inches (6") clear space between them. The return along the right-of-way shall not exceed eight feet (8') toward the interior of the lot.

      (2)   On interior lots: On side lot lines of interior lots, a decorative fence shall be permitted parallel to side lot lines and to within one foot (1') of the right-of-way line of both the side and front of the lot. The fence shall not be over forty-two inches (42") in height and be constructed of no more than three (3) split rails or boards that do not exceed six inches (6") in width. The rails or boards shall have at least six inches (6") clear space between them. The return along the right-of-way to the front of the property shall not exceed eight feet (8') toward the interior of the lot.

      (3)   Flower beds: Fences under fifteen inches (15") in height that are used for the protection of flowers and shrubs that enclose less than five percent (5%) of the area between the building setback line and street right-of-way line and fences less than twelve feet (12') long and four feet (4') high that run parallel to the front of the dwelling and are within eight feet of the building line.

(Ord. C5-85. Passed 2-18-85.)

   (d)   All fences in existence at the time of the passage of this chapter (January 20, 1975) conforming to prior ordinances shall not be required to conform to this chapter.

(Ord. C79-74. Passed 1-20-75.)

   (e)   No person, firm or corporation shall construct any fence from any material whatsoever without first securing a fence erection permit from the Division of Building Regulations. Application for a permit shall include a site plan indicating the location, material and height of the proposed fence. All fences shall be constructed of durable materials and in good building practice and standards and shall be subject to inspection by the Division.

(Ord. C29-88. Passed 5-16-88; Ord. C43-14. Passed 8-4-14.)

   (f)   No person shall locate, construct or install any swimming pool or make any change in such pools or appurtenances thereof without complying with the provisions in Chapter 1325. (Ord. C43-14. Passed 8-4-14.)

   (g)   No shrub, trees or plantings shall be planted or allowed to grow so as to obstruct sidewalks or streets or obstruct the vision of pedestrians or vehicular traffic.

(Ord. C79-74. Passed 1-20-75.)

   Off-street parking facilities as required in this Zoning Code shall be provided in accordance with the following:

   (a)   Existing nonconforming off-street parking facilities use shall be permitted until such time as the use of the existing building changes or alterations are made to the existing structure. Existing off-street parking facilities provided at the effective date of this chapter (Ordinance C79-74) and actually being used at that date for the parking of automobiles in connection with the operation of an existing building or use shall not be reduced to an amount less than herein required under this Zoning Code for a similar new building or new use except as permitted by the Planning Commission.

   (b)   Additional off-street parking facilities shall be provided on the basis of the total applicable units of measurement when a building use is altered or expanded or when the number of employees is increased. The parking requirements shall be changed to conform to the changing use of the building it supports.

   (c)   In the case of a use not specifically mentioned, the requirements for off-street parking facilities for a similar use shall apply.

   (d)   In the case of mixed uses, the total requirement for off-street parking facilities shall be the sum of the requirements of the various uses computed separately, and off-street parking facilities for one use shall not be considered as providing required parking facilities for any other uses except as herein specified for joint use; except that, the above provisions shall not apply where a use is accessory to the main use and is not intended to serve additional patrons or employees.

   (e)   Nothing in this section shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses; provided that, the total of such off-street parking facilities provided collectively shall not be less than the sum of the requirements for the various individual uses computed separately.

   (f)   Joint use of not more than fifty percent of the off-street parking facilities required by this Zoning Code for theaters, bowling alleys, dance halls and establishments for the sale and consumption on the premises of beverages, food or refreshments, may be supplied by off-street parking facilities provided for other kinds of buildings or uses, as defined below, not normally open, used or operated during the same principal operating hours, provided that, a written consent is executed by the parties concerned for the joint use of the off-street parking facilities, a copy of which shall be filed with the application for a building permit.

   (g)   Joint use of not more than fifty percent of the off-street parking facilities required by this Zoning Code for banks, business offices, retail stores, personal service shops, household equipment or furniture shops, and manufacturing buildings and similar uses, may be supplied by off-street parking facilities provided for other kinds of buildings or uses as defined in subsection (f) hereof which are not normally used, open or operated during the same principal operating hours, provided that written consent is executed and filed as specified above.

   (h)   Other alternate uses may be approved by the Planning Commission.

   (i)   For a private residence or a residential structure with a Special Use Permit authorizing use as a boarding house, bed and breakfast inn, group family home, group multi-family home or fraternity or sorority house, the parking facilities shall be on the same lot or parcel of land as the building they are intended to serve.

(C09-05. Passed 2-22-05.)

   (j)   For all accessory, commercial and industrial uses, the parking facilities shall be within 1,000 feet of the facilities they are intended to serve, unless otherwise noted. The distance stated above shall be measured between the nearest point of the parking facilities and the nearest point of the building.

   (k)   All parking facilities of five or more parking spaces, having an exit on a public street, shall be so designed that each car leaving such facility shall be traveling in a forward motion when entering traffic.

   (l)   (This subsection was repealed by Ordinance C57-78, passed September 5, 1978.)

   (m)   All driveways to a parking facility from the curb to the lot line shall be subject to the rules, regulations, inspections and permit by the Division of Building Regulations.

   (n)   Customer and commercial parking facilities operated after sundown shall be lighted during such operation to insure safety to both pedestrian and motorist.

(Ord. C79-74. Passed 1-20-75.)

   (o)   When improvements are made on lots or parcels of land that front on the following streets, provisions shall be made on these lots or parcels of land, outside of the street right of way lines, for vehicles to turn around so that when entering these streets the vehicles shall be moving in a forward direction. On State highways and heavily traveled roads, the Planning Commission or Council may limit the number, size and location of access points and/or require service roads.

         Home Road

         Southwest Boulevard (Demorest Road to Richard Avenue)

         Grove City Road

         Columbus Street (Broadway to Hoover Road)

         Stringtown Road

         White Road

         Orders Road

         Broadway and/or Harrisburg Pike

         Haughn Road (South of Woodgrove Drive)

         Demorest Road

         Hoover Road

         Marlane Drive

         Hawthorne Parkway

         Buckeye Parkway (From 665 to Holton Road)

         S.R. 665 (Within or adjacent to incorporated area)

         Borror Road (Within or adjacent to incorporated area)

         South Meadows Drive

         Enterprise Parkway

         Seeds Road (Within or adjacent to incorporated area)

         Old Stringtown Road

         Brookham Drive

         McDowell Road

         Rensch Road

         Harrisburg Station Lane.

         Big Run Road

         Holt Road

         Holton Road

         Gateway West Drive

(Ord. C20-82. Passed 4-19-82; Ord. C3-03. Passed 2-3-03.)

   (a)   Loading space shall be provided and maintained on the same premises with every building, structure or part thereof, erected and occupied or intended to be used for manufacturing, storage, warehouse, goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt or distribution, by vehicles, of materials or merchandise.

   (b)   Such space, unless otherwise adequately provided for, shall include a 10 by 25 foot loading space with a 14 foot height clearance for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of building floor or land use for abovementioned purpose.

   (c)   Loading and unloading space shall not be occupied or considered as any part of the required customer or employee parking area.

   (d)   Loading and unloading space shall not occupy any part of a public right of way.

(Ord. C79-74. Passed 1-20-75.)

   Private garages in residential and apartment districts shall be so located and constructed as to conform to such of the following requirements as shall be applicable considering the use for such garage and the district in which it is located.

   (a)   Garages shall not be an accessory use to a lot in a residential type district unless such lot is occupied by a residence or unless a building permit has been issued and construction started on a residence building on such lot;

   (b)   Garage provisions, as an accessory use in a D-1, D-2 or A-1 District shall not provide for more than two motor vehicles for each family for which such residence is arranged or designed;

   (c)   When garage provision as an accessory use is built in a terrace or retaining wall on the front or side of the lot, such garage shall not project in front of the terrace or retaining wall more than three feet, and in no case above the level of the ground, or main floor of a residence on an adjoining lot;

   (d)   No separate garage building shall be erected in a terrace or retaining wall closer to a street than the required building line, or closer than minimum side yard requirement or building line to an adjoining lot line. On corner lots, the separate garage building shall not be closer to it than five feet to the lot line opposite the front lot line, nor closer than the building line of the side street;

   (e)   All detached garages and accessory buildings shall have such separation from residence or apartment as specified in the Building Code. (Ord. C50-10. Passed 8-16-10.)

   (f)   No part of any detached garage or accessory building shall be erected closer than three feet to a side lot line on a lot having a width of sixty-five feet or less, at the building line, closer than four feet to the side lot line on a lot having a width over sixty-five feet and not more than seventy-five feet at the building line, or closer than five feet to a side lot line on a lot seventy-five feet or more at the building line; except that, when the lot is less than 110 feet in depth from the front property line and seventy-five feet or less at the building line, no part of any detached garage or accessory building shall be erected closer than three feet from the side lot line. No garage or accessory building shall be erected nearer than twelve feet from a dwelling on an adjacent lot.

(Ord. C79-74. Passed 1-20-75.)

   (g)   All accessory buildings up to and including 200 square feet of floor space are considered portable and require a permit, the cost of which is ten dollars ($10.00). All buildings over 200 square feet shall be considered permanent and require a permit as set forth in Chapter 1305. Portable buildings do not require permanent foundations and may be located in part of the rear or side yard.

(Ord. C52-78. Passed 8-21-78; Ord. C50-10. Passed 8-16-10.)

   (h)   No detached garages and accessory buildings shall exceed a wall height of eight feet above finished floor, and an overall maximum of 13 feet above finished floor.

(Ord. C79-74. Passed 1-20-75; Ord. C50-10. Passed 8-16-10; Ord. C61-10. Passed 10-18-10.)

   Public garages may be placed in buildings used as hotels, motels, extended stay hotels, or other accommodations available for a fee except those accommodations requiring a Special Use Permit if all parts of such public garages are cut off from the rest of the buildings as specified in the Building Code.

(Ord. C79-74. Passed 1-20-75; Ord. C09-05. Passed 2-22-05.)

   No public garage, garage repair shop or filling station shall be erected or established which has any part of its proposed building or structure within 100 feet of the building structure of a public or parochial school, church, playground, public library, hospital or children's home now existing or for which a building permit has been issued or is in effect, except as follows:

   (a)   Nothing in this section shall be construed to permit any such institution now located in any district zoned for business, by acquiring premises therein or erecting additional buildings thereon to shorten the 100-foot limit between such institutional structure heretofore erected and such proposed garage or filling station structure as defined by this Zoning Code.

   (b)   Nothing in this section shall be construed to prohibit the erection or maintenance of automobile sales or display rooms or buildings with automobile service stations connected thereto. Such automobile service stations connected to buildings, or automobile sales or display rooms, shall have no vehicle entrance located upon the same street with and within 300 feet of any part of the building structure of any public or parochial school, playground, public library, church, hospital or children's home heretofore erected. Distance shall be measured by “crow fly” or straight-line measurement.

   (c)   All entrances and exits of public garages shall have an unobstructed width of not less than twenty feet for a distance of not less than twelve feet from a street.

   (d)   A public garage or garage repair shop shall not have an opening in a wall or roof facing adjacent property that is located in a residential or apartment district unless such opening is located on a public street or highway.

(Ord. C79-74. Passed 1-20-75.)

   Driveways and parking lots shall be constructed as follows:

   (a)   Driveways and parking spaces in all districts shall be smoothly graded with an asphaltic or portland concrete surface, and properly drained.

   (b)   Whenever a public parking lot or a driveway to a parking lot abuts the side or rear line of a lot in a residential or apartment area, a fence or wall, approved by the Planning Commission or Building Inspector, shall be constructed and maintained by the owner of the parking lot.

(Ord. C79-74. Passed 1-20-75.)

   (a)   Within residential districts, the following provisions shall apply to satellite ground stations or other antennas designed to transmit or receive radio or television signals to or from earth satellites.

      (1)   Such ground stations or antennas shall be for the personal use of residents and their guests only.

      (2)   Such ground stations or antennas shall contain no graphic message or advertising.

      (3)   Ground mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:

         A.   Such stations or antennas not mounted on the roof of a primary or accessory structure shall be located to the rear of the principle building or structure and shall not exceed an above grade height of twelve feet.

         B.   Such stations or antennas shall not be located closer than ten feet from a side lot line, or one foot from any easement.

         C.   Such stations or antennas shall be mounted in a concrete base in line with grade and only metal supports of galvanized construction shall be utilized.

         D.   Wiring between such stations and any other structure shall be placed underground.

         E.   Such stations or antennas shall be designed to withstand a wind force of up to seventy miles per hour without the use of supporting guy wires.

      (4)   Roof mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:

         A.   Such stations or antennas shall be mounted directly on the roof of a primary or accessory structure and shall not be mounted on appurtenances such as chimneys, towers or spires.

         B.   Such stations or antennas mounted on the roof of a primary or accessory structure shall not exceed a height of greater than three feet above the roof on which it is mounted. The height shall be measured vertically from the point at which such station or antenna is mounted on the roof.

         C.   The diameter of any dish antenna mounted upon the roof of a primary or accessory structure shall not exceed three feet.

         D.   Such stations or antennas shall be designed to withstand a wind force of up to seventy miles per hour without the use of supporting guy wires.

(Ord. C58-84. Passed 9-17-84.)

   (a)   Within nonresidential districts, the following provisions shall apply to satellite ground stations or other antennas designed to transmit or receive radio or television signals to or from earth satellites.

      (1)   Such ground stations or antennas shall contain no graphic message or advertising.

      (2)   Ground mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:

         A.   Such stations or antennas not mounted on the roof of a primary or accessory structure shall be located to the rear of the principle building or structure on the property where the station is located and shall not exceed an above grade height of twelve feet.

         B.   Such stations or antennas shall not be located within fifty feet of a public right-of-way, eight feet of a rear or side lot line and not closer than fifty feet from a lot line of a residential district.

         C.   Such stations or antennas shall be mounted in a concrete base in line with grade and only metal supports of a galvanized construction shall be utilized.

         D.   Wiring between such stations and any other structure shall be placed underground.

         E.   Such stations or antennas shall be designed to withstand a wind force of up to seventy miles per hour without the use of supporting guy wires.

      (3)   Roof mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:

         A.   Such stations or antennas shall be mounted directly on the roof of a primary or accessory structure and shall not be mounted on appurtenances such as chimneys, towers or spires.

         B.   Such stations or antennas mounted on the roof of a primary or accessory structure shall not exceed a height of greater than eight feet above the roof on which it is mounted. The height shall be measured vertically from the point at which such station or antenna is mounted on the roof.

         C.   Such station or antenna shall be designed to withstand a wind force of up to seventy miles per hour without the use of supporting guy wires.

(Ord. C58-84. Passed 9-17-84.)

   An owner, occupant(s) or person(s) having control of a residential, industrial, commercial or public building shall display the numerical address of the building in arabic numbers not less than three inches in height.

   (a)   The color of the numbers shall contrast to the color of the surface on which they are mounted and the numbers shall be clearly visible from the street on which the building is numbered.

   (b)   The numbers shall be placed on the front of the building facing the public or private street on which the building is numbered.

   (c)   For buildings not having entrance doors facing the street on which the buildings are numbered, numbers of all units within such building shall be placed either on the wall of the building facing the street on which the building is numbered or on a sign in compliance with Chapter 1145 of the Codified Ordinances.

   (d)   The owner of a residential building may post additional sets of address numbers provided that one set complies with the provisions of this section.

   (e)   Whoever violates this section or any part thereof, upon being notified in writing of such violation by the Building Inspector, shall have thirty days in which to comply with the provisions of this section. Upon expiration of thirty days and failure to comply with the provisions of this section within that period, the owner, occupants or persons having control of a building shall be deemed in violation. Each subsequent day shall constitute a separate violation.

(Ord. C10-86. Passed 3-17-86.)

   (f)   No issuance of an occupancy permit or a temporary occupancy permit shall be issued for any building until the numerical address is displayed according to this section.

(Ord. C36-87. Passed 5-18-87.)

   (a)   (1)   Application of regulations. The provisions of this section are applicable to antennas and antenna towers used for the following purposes:

         A.   VHF and UHF television;

         B.   AM and FM radio;

         C.   Two-way radio;

         D.   Common carriers;

         E.   Cellular telephones;

         F.   Fixed-point microwave; and

         G.   Ham and citizen band (CB) radio antennas in excess of twenty-five feet in height.

      (2)   Exemptions. The following antennas are exempt from the provisions of this section:

         A.   “Ham” and Citizen Band (CB) radio antennas which are less than twenty-five feet in height;

         B.   Portable, handheld and vehicular transmissions;

         C.   Industrial, scientific and medical equipment operating at frequencies designated for that purpose by the FCC;

         D.   A source of nonionizing electromagnetic radiation with an effective radiated power of seven watts or less;

         E.   A sole-source emitter with an average output of one kilowatt or less if used for amateur purposes; and

         F.   Marketed consumer products, such as microwave ovens, citizens band radios and remote control toys.

   (b)   Whenever a new antenna is proposed, the property owner, developer or their agent shall submit the following material, in addition to the other information required for a Special Use Permit, as required in Section 1135.09(b)(12)E.:

      (1)   A site plan or plans drawn to scale and identifying the site boundary; tower(s); guy wire anchors; existing and proposed structures; vehicular parking and access; existing vegetation to be retained, removed or replaced; and uses, structures, and land-use designations on the site and abutting parcels;

      (2)   A plan drawn to scale showing proposed fencing and landscaping, including plant species type, size, spacing and other features;

      (3)   A report from a professional engineer. The report shall:

         A.   Describe the tower and the technical reasons for the tower design;

         B.   Demonstrate that the tower complies with the City Building Code; and

         C.   Describe the capacity of the tower, including the number and type of future antennas that it could accommodate;

      (4)   Information on conditions determining shared use of facilities pursuant to Section 1137.14(c); and

      (5)   Other information as may be required by the Service Director to determine compliance with the provisions of this Zoning Code.

   (c)   The use of existing facilities for the placement of antennas is encouraged. Prior to the approval of an application for a new antenna tower the applicant shall document that existing towers within the areas of the range of the proposed equipment have been surveyed, and shall demonstrate that one or more of the following conditions exists:

      (1)   Planned equipment would exceed the structural capacity of existing and approved towers;

      (2)   Planned equipment will cause RF interference with other existing or proposed equipment for that tower, and that interference cannot be prevented at a reasonable cost;

      (3)   Existing towers do not have space on which to function in parity with similar equipment in the area;

      (4)   The fees and/or costs for shared use are unreasonable; and/or

      (5)   Other conditions exist that render the placement of proposed equipment on an existing tower impracticable.

   (d)   New antenna towers shall be located on a site of sufficient size so as to contain on-site substantially all ice-fall or debris from tower failure and preserve the privacy of abutting properties. The specific setback requirements are as follows:

      (1)   The base of the antenna tower shall be set back from all abutting property (including public streets) by a distance of not less than one hundred percent (100%) of the height of the tower.

      (2)   Guy wire anchors shall be set back from all abutting property not less than twenty-five feet.

      (3)   Accessory buildings shall be set back from all abutting property not less than the required rear yard setback for the zoning district in which the antenna is located.

      (4)   New antenna towers shall not be located any closer than two times the height of the proposed antenna or antenna tower from any existing, platted residential subdivision or any residential structure within the City.

   (e)   The design and construction of the antenna and antenna tower shall meet the standards of the Building Department, as well as any applicable requirements of the Federal Aviation Administration (FAA).

(Ord. C69-89. Passed 10-16-89.)

   (f)   A landscape and fencing buffer shall be required at the antenna tower site, according to the following requirements:

      (1)   The antenna tower base and accessory structure and each guy wire anchor location shall be separately enclosed by fencing of such type to prevent illegitimate access. Such fencing shall be not less than six feet in height.

      (2)   Antenna 100 feet or less in height. A row of evergreen trees or shrubs shall be planted directly outside of the fencing surrounding the tower base and accessory building and each guy wire anchor point location. Such trees or shrubs shall be planted not more than fifteen feet apart, and be not less than five feet high at time of planting. A second landscape buffer shall consist of a planting of evergreen trees or shrubs, to be located within ten feet outside of the first row of trees or shrubs. This buffer shall be six feet high at time of planting. Earth mounding of three feet in height or less may be used to achieve the required overall height of six feet. Vegetation shall have a minimum year-round opaqueness of eighty percent (80%) when viewed from two to five feet from the ground.

      (3)   Antennas more than 100 feet in height All requirements of subsection (f)(2) hereof shall be met, except that the second row of evergreen trees shall be located within twenty-five feet of the outside of the fencing. At least one row of deciduous trees, not less than one and one-half inches in caliper diameter six inches (6") above grade and spaced not more than twenty feet apart, shall be planted within ten feet from the outside of the first row.

(Ord. C112-89. Passed 1-8-90; Ord. C74-97. Passed 12-15-97.)

   (g)   Only those uses and structures necessary and directly related to the operation of the facility, that is, transmission and emergency broadcasting equipment, shall be allowed as accessory uses on the site. Accessory uses shall not include offices, broadcast studios, long-term vehicle or other equipment, storage or similar uses. If an antenna occupies a site as a primary use, no other permitted use in that district shall occupy the same site.

(Ord. C69-89. Passed 10-16-89.)

   Unless otherwise approved by Council: a) service/mechanical equipment shall be screened in all zoning districts; b) all roof mounted service/mechanical equipment shall be fully screened on all four sides, with a height to exceed the installed equipment, by raising the parapet around the top of the building. Screening design and material shall be architecturally compatible with the remainder of the building. Placement of all non-roof mounted mechanical equipment shall comply with Section 1136.08 of the Codified Ordinances.

   For the purposes of this Section, service/mechanical equipment shall include, but not be limited to: propane tanks, loading docks, storage tanks, dumpsters, electrical transformers, utility vaults which extend above the surface, air conditioners/cooling towers, heat pumps, roof-top units and other equipment or elements providing service to a building or a site.

(Ord. C29-00. Passed 5-1-00.)

   (a)   A Certificate of Appropriateness shall be obtained for temporary portable structures. A temporary portable structure as defined herein shall refer to structures in excess of 100 square feet not intended for residential use. Furthermore structures as defined in this section do not include tents (see 1301.03 for definition of a tent). To obtain a permit the following requirements shall be submitted to the Building Division a minimum of 30 days prior to locating a temporary portable structure on any lot:

      (1)   Site plan.

      (2)   Floor plan(s).

      (3)   Elevation of the proposed building.

      (4)   Color photographs of all 4 sides of the structure(s) and photographs taken from the main structure toward property and adjacent buildings.

      (5)   Materials samples/manufacturer's literature.

      (6)   Points of ingress and egress.

      (7)   Lighting detail.

      (8)   Building setback lines and easements.

      (9)   Additions or deletions to parking.

      (10)   Landscape additions or deletions.

      (11)   Show any portable restrooms.

      (12)   A descriptive narrative at least a paragraph long discussing the extent of the project. Included in the narrative shall be hours of operation and length of time that the temporary structure will be in use.

   (b)   Additional requirements for temporary portable structures:

      (1)   Temporary portable structures hours of operation shall not exceed 9:00 p.m.

      (2)   Site lighting shall be turned off no later than 9 p.m.

      (3)   Sales trailers for new home sites shall be permitted for a period not to exceed one calendar year.

      (4)   Portable restrooms used in conjunction with sales or construction trailers must be maintained on a regular basis.

      (5)   Areas surrounding the temporary portable structure must be kept clean of debris and maintained in a neat an orderly fashion.

   (c)   Any person whose application for a Certificate of Appropriateness has been denied by the Chief building and Zoning Official may appeal such decision by filing an appeal with the Board of Zoning Appeals within thirty (30) days of such denial. The appeal shall be in the form of a written notice of appeal on forms provided for that purpose by the Board which must be fully completed and contain all materials required pursuant to Section 1133.05. The appeal shall follow the procedures set forth in Chapter 1133. (Ord. C-21-16. Passed 3-21-16.)

(Ord. C25-03. Passed 4-21-03)

   (a)   As used in this section, Model Homes are defined as a residential structure used by a licensed homebuilder/developer, real estate worker or realtor to demonstrate construction, display built-in amenities and color selection charts to prospective homebuyers and to promote sale or lease of housing units. The home may be staffed and furnished.

   (b)   A certificate of appropriateness shall be obtained for all model homes. To obtain a certificate of appropriateness the following requirements the following requirements shall be submitted by application to the Building Division in conjunction with the building permit application.

      (1)   Lighting detail.

      (2)   Additions or deletions to parking.

      (3)   Landscape additions or deletions.

      (4)   Zoning restrictions for the property.

      (5)   Hours of operation.

      (6)   Number of employees who will be on site.

   (c)   Additional requirements for model homes shall include:

      (1)   The home must be integrated into the residential character of the neighborhood with external lighting approved on a case-by-case basis. No exterior lighting other than usual customary residential lighting shall be permitted at the model home after 9:00 p.m.

      (2)   The home shall be approved for a limited duration not to exceed five years for models in a new subdivision and not to exceed two (2) years in developed or mature neighborhoods. Extensions of the duration of model homes may be permitted by formal written request submitted to the Zoning Official. The Zoning Official shall consider the same criteria in approving extensions as is prescribed for initial applications.

      (3)   Model homes shall be identified by no more than one sign in compliance with the Chapter 1145.

         A.   Model home signage shall be removed when the model is no longer maintained as the original intended use.

         B.   Model home signage may only consist of ground signage.

   (d)   Any person whose application for a certificate of appropriateness has been denied by the Chief Building and Zoning Official may appeal such decision by filing an appeal with the Board of Zoning Appeals within thirty (30) days of such denial. The appeal shall be in the form of a written notice of appeal on forms provided for that purpose by the Board which must be fully completed and contain all materials required pursuant to Section 1133.05. The appeal shall follow the procedures set forth in Chapter 1133. (Ord. C21-16. Passed 3-21-16.)

(Ord. C26-03. Passed 4-21-03.)

   (a)   For the purpose of this section, the term “portable storage unit” shall mean any portable enclosed unit of whatever type construction or material, designed for permanent or temporary storage, which can be transported by vehicle and left on-site.

   (b)   Portable storage units are not permitted as a principal permitted use, accessory use or as a special use in any zoning district within the City.

   (c)   For residential districts and uses, portable storage units are permitted as a temporary use for a period not to exceed five (5) days per calendar year and no permit shall be required provided the following conditions are met:

      (1)   Portable storage units must be located on an asphaltic or portland concrete surface outside of the right-of-way. Such units shall be a minimum of six (6) feet from any property line and shall not obstruct right-of-way vision clearance at any time.

      (2)   Not more than one (1) unit per tax parcel is permitted.

      (3)   If the portable storage unit is being used as a result of a major catastrophe (e.g. fire, flood or other event where there is significant property damage), the Chief Building Official may extend the period up to a maximum of thirty (30) days total within a one (1) year period.

      (4)   Portable storage units may not exceed a size of twelve hundred (1,200) cubic feet on the interior. All portable storage units in excess of twelve hundred (1,200) cubic feet are prohibited in residential areas.

      (5)   Portable storage units may be used in conjunction with residential construction or alteration when a building permit has been issued provided the following conditions are met:

         A.   Unit shall be located on-site for duration of construction but not to exceed three (3) months for new construction, remodeling, renovation, or expansion work without written approval of the Chief Building Official and then not to exceed a reasonable period determined by the City.

         B.   For construction of a new residential house the container may be located in an unpaved driveway provided it is outside of the right-of-way.

         C.   Unit must be removed from premise after construction is complete prior to issuance of a certificate of occupancy.

         D.   No more than one (1) storage unit per tax parcel is permitted.

   (d)   For non-residential districts and uses, portable storage units shall be permitted for a period not to exceed five (5) days per calendar year and no permit shall be required provided the following conditions are met:

      (1)   Portable storage units must be located on an asphaltic or portland concrete surface outside of the right-of-way.

      (2)   Not more than one (1) storage unit per tax parcel is permitted.

      (3)   Units shall be a minimum of six feet from any property line and shall not obstruct vehicular vision at any time.

      (4)   Units shall be located behind the building setback line.

      (5)   Units shall not be located in required parking spaces or drive isles.

      (6)   Units in excess of twelve hundred (1,200) cubic feet on the interior shall be considered a temporary portable structure and regulated in accordance with Section 1137.17 (Temporary Portable Structures for Nonresidential Use).

      (7)   Units located in non-residential zoning districts for more than five (5) days shall be regulated in accordance with Section 1137.17 (Temporary Portable Structures for Nonresidential Use).

(Ord. C25-06. Passed 5-1-06)

   (a)   For the purpose of this section, the term “dumpster” shall mean any unit designed for the collection of large quantities of trash, yard waste, garbage, building or construction debris, trees or limbs designed to be delivered and picked-up by a truck and which is left on site in any zoning district. Dumpsters do not include garbage cans which can be moved by a person.

   (b)   Dumpsters are permitted within non-residential and multiple-family districts for the regular collection of trash and garbage from the premises thereof, subject to all other applicable zoning requirements for screening and location. Dumpsters are not permitted as a principal permitted use, accessory use or as a special use in any single-family zoning district within the City.

   (c)   For single-family districts, properties, and uses, dumpsters are permitted as a temporary use subject to the following limitations:

      (1)   At construction sites, not to exceed three (3) months without written approval of the Chief Building Official and then not to exceed a period reasonably necessary to complete the construction. Dumpster may be located in an unpaved driveway provided it is outside of City right-of-way.

      (2)   For existing structures, dumpsters may be located on-site for the duration of the remodeling, renovation, or expansion work but not to exceed a total of three (3) months in a calendar year without written approval of the Chief Building Official and then not to exceed a period reasonably necessary to complete the construction. Dumpster must be located on a paved surface out of the right-of-way.

      (3)   Dumpster must be removed from the premise after construction is complete, prior to issuance of a certificate of occupancy.

      (4)   No more than one (1) dumpster at a time is permitted on a single-family residential lot without written approval of the Chief Building Official.

      (5)   No trash, yard waste, garbage, building or construction debris, tree limbs may be brought from other properties or premises to a dumpster located on residential premises.

(Ord. C26-06. Passed 5-1-06.)

   (a)   For the purpose of this section, the term “collection bin” shall mean any unit of whatever type construction or material, designed for the collection and or temporary storage of donated items or recyclable materials. Collection bin does not include household recycle bins that are placed out for collection on a weekly basis and collected pursuant to the City’s refuse contact.

   (b)   Collection bins used solely for the collection of donated articles or recycled materials are prohibited.

(Ord. C27-06. Passed 5-1-06; Ord. C21-16. Passed 3-21-16.)

   (EDITOR'S NOTE: See Section 1131.99 for general Zoning Code penalty.)