Hennessey City Zoning Code
PROVISIONS APPLICABLE
TO ALL
§ 154.095 EXTERIOR LIGHTING.
The purpose of this article is to establish standards for the use of outdoor lighting facilities that serve private developments; provide adequate lighting for customer, pedestrian and driver use; provide for the efficient use of energy; and mitigate nuisance, and glare to adjacent properties.
(Ord. 382, passed 7-8-2021)
§ 154.096 EXEMPTIONS.
(A) Generally. All exterior lighting for any type of residential or nonresidential development shall comply with the standards of this chapter unless exempted in division (B) of this section.
(B) Exemptions. The following types of lighting are exempt from the requirements of this chapter:
(1) Outdoor lighting associated with single-family residential dwellings or duplex development projects;
(2) Outdoor lighting used for public streets and right-of-way lighting;
(3) Public utility companies when working on public utility lighting for public utility purposes in utility easements;
(4) Outdoor lighting used for public or private recreational activities, sporting events at stadiums and ball fields, concerts, plays or other outdoor events that are public or private; and
(5) Outdoor lighting used for temporary decorative seasonal lighting or other temporary events.
(Ord. 382, passed 7-8-2021)
§ 154.097 LIGHTING PLAN REQUIREMENT.
In order to ensure safety and compliance with the standards in § 154.098, outdoor lighting plans demonstrating compliance with the standards of this section shall be required with the submittal of a site plan. If no outdoor lighting is proposed, a note shall be placed upon the face of the site plan indicating that outdoor lighting is not required.
(Ord. 382, passed 7-8-2021)
§ 154.098 GENERAL LIGHTING STANDARDS.
An applicant may use either the “fixture height standard” or the “photometric standard,” as detailed in § 154.099. Regardless of the method chosen, outdoor lighting must be in compliance with the following standards.
(A) Safety. Either method used shall provide sufficient and safe illumination for vehicle movement and pedestrian safety.
(B) Light poles. Light poles shall not be placed in street rights-of-way or utility easements adjacent to street rights-of-way, except by franchised utility companies or by the town, as a part of a street lighting project. Light poles may be placed in other utility easements with the approval of the director; and if light poles are allowed to be placed in utility easements, a note shall be placed on the face of the site plan stating the following: “Property owner(s) assumes all liability and replacement responsibilities for any damage to light poles placed in utility easements.”
(C) Site perimeter illumination. Illumination of the perimeter of the site shall be reduced in intensity when adjacent to lesser intensive uses or public rights-of-way measured in foot-candles (fc) at three feet above grade as follows for either the fixture height or the photometric standard:
(1) Site adjoining another nonresidential zoning district: 3.0 fc;
(2) Site adjoining agricultural/residential zoning districts: 0.5 fc; and
(3) Site adjoining public rights-of-way: 3.0 fc.
(D) Shielding. Light sources shall be concealed or shielded with luminaries with cut-offs with an angle not exceeding 90 degrees to minimize the potential for glare and unnecessary diffusion on adjacent property. For purposes of this standard, “cut-off angle” is defined as the angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above from which no light is emitted.
(Ord. 382, passed 7-8-2021)
§ 154.099 METHODS OF COMPLIANCE.
(A) Method 1: fixture height standards. All outdoor lighting shall be by shielded fixtures. Light fixtures shall be parallel to the final grade and installed so that no direct light will shine beyond the subject property. The height of light poles and fixtures shall be approved through the site plan process.
(1) Fixture height standard lighting plan. The submitted lighting plan shall include the following:
(a) A scale drawing of the site with all outdoor lighting locations shown;
(b) Fixture specifications, including catalog cut sheets or generic standards;
(c) Pole type and height of fixture from base of the pole;
(d) Lamp type and size; and
(e) Fixture mounting and orientation.
(2) Allowable heights. Allowable heights of light fixtures shall be measured from the light emitting surface to the base of the pole location as follows:
(a) Maximum height of 16 feet, within 50 feet of agricultural/residential zoned districts, or public right-of-way;
(b) Maximum height of 20 feet, within 51 feet to 250 feet of agricultural/residential zoned districts, or public right-of-way;
(c) Maximum height of 35 feet, if located a minimum 251 feet from agricultural/residential zoned districts, or public right-of-way;
(d) Maximum fixture height shall not exceed 35 feet; and
(e) Canopy lighting shall be by recessed fixtures with diffusers that do not extend below the canopy surface.
(B) Method 2: photometric standard.
(1) A photometric plan is required to be submitted unless the “fixture height standard” is utilized. If the “photometric standard” is desired to increase pole heights, the applicant shall submit a photometric plan in sufficient detail to evaluate its conformance with the general lighting standards in § 154.098.
(2) The photometric plan shall include the following:
(a) A scale drawing of the site with all outdoor lighting locations shown;
(b) Fixture specifications, including catalog cut sheets or generic standards;
(c) Lamp type and size;
(d) Fixture mounting heights, mounting orientation and tilt angles if applicable;
(e) A representative point-by-point illumination array for the site showing property lines and off-site lighting impacts;
(f) The maximum fixture height shall not exceed 35 feet as measured from the base of the fixture to the base of the pole; and
(g) Canopy lighting shall use recessed fixtures with diffusers that do not extend below the canopy surface.
(Ord. 382, passed 7-8-2021)
§ 154.100 LIGHTING LEVEL MEASUREMENTS.
Light levels shall be measured with a direct-reading, portable light meter, calibrated within the last year by an independent laboratory regularly engaged in the calibration of such instruments. The meter’s sensor shall be located at the top of the visual screening fence on the property line (or at a height of three feet above the surrounding local grade if there is no fence), aimed towards the subject property in horizontal position. Readings shall be recorded after the value has stabilized. Measurements are made after establishment of darkness with the light sources to be measured illuminated, and then with those light sources extinguished. The difference between these two readings will then be compared to the maximum allowed illumination at the property line. In this way, contributions to light levels by the moon and other ambient light sources are eliminated and the light intensity from the sources in question can be determined.
(Ord. 382, passed 7-8-2021)
§ 154.115 FENCING.
(A) This article provides uniform standards that are intended to permit the construction and maintenance of high-quality fences and walls, while preventing the monotonous appearance of uninterrupted fences and walls from dominating the town’s streetscapes.
(B) (1) The general objectives of these standards are to promote health, safety, welfare, convenience and enjoyment of the public, and in part to achieve the following safety objectives.
(2) Safety: to promote the safety of persons and property by providing fences do not:
(a) Create a hazard due to collapse, fire, decay or abandonment;
(b) Obstruct firefighting or police observation ability;
(c) Create traffic hazards by confusing or distracting pedestrians or motorists;
(d) Become obstacles that hinder the ability of pedestrians, bicyclists or motorists to read traffic signs; or
(e) Improve the long-term sustainability of residential structures.
(Ord. 382, passed 7-8-2021)
§ 154.116 FENCE PLACEMENT.
(A) Encroachment on public property. No fence, guy wires, braces or any post of such fence constructed pursuant to this article shall be constructed upon or caused to extend or otherwise encroach over public property that the town or the general public has dominion and control, owns or has a right of access over, under, around or through.
(B) Right-of-way and easements. No fence, wall or screening shall be permitted in the street right- of-way, or utility easements. If owner places a fence on property on which the town has an easement of any type, then the owner assumes all responsibility for loss if it becomes necessary to remove such fence in order to gain access to utilities in the easement.
(Ord. 382, passed 7-8-2021)
§ 154.117 HEIGHT LIMITATION IN REAR AND SIDE YARDS.
It shall be unlawful to erect, maintain, suffer or permit a fence at a height exceeding feet in any rear yard or along any rear yard lot line, or in any side yard or along any side yard line, except by appeal to the Zoning Board of Adjustment and by favorable vote from same.
(Ord. 382, passed 7-8-2021)
§ 154.118 HEIGHT LIMITATION IN FRONT YARDS.
Front yard fences shall be constructed within the required front yard according to the following.
(A) The fence is 42 inches or less in height, and the fence is 50% visibility open (no solid fences).
(B) In the case of a corner lot, the fence is 42 inches or less in height, and the fence is 50% visibility open (no solid fences).
(C) Metal fabric material (chain-link) fence materials are not allowed within the required front yard except for the repair or replacement of an existing chain-link fence to its original height.
(Ord. 382, passed 7-8-2021)
§ 154.119 REVERSE FRONTAGE LOTS.
(A) On all reverse frontage lots located on property zoned for residential use, or used for residential use, it shall be unlawful to construct, maintain, suffer or permit a fence within the required side yard area that is adjacent to a front yard area at a distance closer than ten feet of the side property line.
(B) It shall be an affirmation of defense to division (A) of this section that the fence is three and one-half feet or less in height and the fence allows at least 50% through vision.
(Ord. 382, passed 7-8-2021)
§ 154.120 BARBED WIRE OR ELECTRICALLY CHARGED FENCES.
Only fences as part of an agricultural or farming or ranching related activities erected, maintained or permitted shall be electrically charged in any manner or form. The exclusion includes, but is not limited to, fences electrically charged by battery or those tied in with the regular electrical outlet.
(A) No fence erected, maintained or permitted shall be made with barbed wire unless as part of an agricultural or farming or ranching related activities.
(B) No fence erected, maintained or permitted shall be made with concertina wire, razor wire or anything capable of causing significant harm to the general public.
(C) Any barbed wire portion of a fence for a commercial application must be on that portion of the fence over six feet in height. The barbed arms shall not extend over public rights-of-way or easements or over private property of another person. When adjoining property is zoned or used for residential purposes or public rights-of-way, barbed arms shall extend inward.
(Ord. 382, passed 7-8-2021)
§ 154.121 FENCE CONSTRUCTION, MATERIALS AND SETBACK.
(A) All fences, unless prohibited elsewhere in this article, shall be constructed or maintained with wire or metal fabric material (chain-link), wood, brick, stone, concrete, vinyl, ornamental iron or other approved materials as approved by the code official. Fence posts shall be constructed or made of metal, brick, stone, concrete, fiberglass or other material approved by the code official. All fence posts must be placed at a depth of at least 24 inches into the ground filled and anchored with concrete footers or encasement.
(B) Fencing in commercial and industrial districts behind the front building line shall be constructed of the primary masonry materials of the building, wrought iron, chain-link, living plant material or other materials as approved by the code official.
(C) All fences shall be set back a minimum for five feet from the front of a structure. In the event that district-specific fence regulations duly adopted by the Town Board of Trustees conflict with this section, those district specific regulations will control.
(Ord. 382, passed 7-8-2021)
§ 154.122 GATES.
(A) It shall be unlawful for any person to erect, construct, or maintain any fence without providing a gate or other means of entrance and exit into and out of the area which the fence encloses, and it shall further be unlawful for any person to erect, construct or maintain any fence along or near a rear property line which adjoins an alley or easement without providing a reasonable means of access to such an alley or easement.
(B) Gates must swing inward toward private property and are not allowed to swing outward across property lines into public-right-of-way.
(Ord. 382, passed 7-8-2021) Penalty, see § 154.999
§ 154.123 INSPECTION.
Upon completion of the installation of a fence, the building inspector shall be called upon for inspection. An acceptance tag will then be issued or a rejection tag indicating the defects in the same not in compliance with approved plans or town ordinances.
(Ord. 382, passed 7-8-2021)
§ 154.124 MAINTENANCE.
All fences shall be maintained by the owners of the property so as to comply with the requirements of this article and shall also be maintained in good condition; such condition shall not deviate from the maintenance standards as follows.
(A) The fence shall not be out of vertical alignment more than 20 degrees.
(B) Any and all broken, damaged, removed or missing parts of said fence shall be replaced within ten days of receiving notification by regular mail, or notice delivered in person by the code official or his or her authorized representative. The code official may, upon written notice from the owner that unusual circumstances prevent the timely repair of a fence, extend the replacement time as necessary. Replacement materials to be the same material, size, shape and quality of the original fence to which the repair is being made except when a post is damaged, removed or missing. Replacement materials of fence posts shall conform to the standards established in § 154.121. Such post shall be replaced with metal or steel (095 or schedule 40) or other material approved by the code official.
(Ord. 382, passed 7-8-2021)
§ 154.125 FENCE PERMIT REQUIRED; APPLICATION.
(A) It shall be unlawful for any person, firm or corporation to construct, erect, install, alter or locate any fence within the town prior to completion of an application for a fence permit. Such application is available at town hall.
(B) Any person making application for a fence permit shall submit a signed application containing the following information:
(1) Applicant’s name and address, and if the applicant represents a corporation, the name and address of the registered agent of the corporation, and if the applicant represents an association, the name and address of the higher manager or agent of the association;
(2) Name of the property owner;
(3) Address where the fence is proposed to be erected;
(4) Type of fence construction and buildings to be utilized;
(5) Height of fence;
(6) Site plan showing proposed location of the fence and listing relevant dimensions between the fence and other structures on the lot and the location of property lines, easements and public rights-of-way; and
(7) Paid permit fee as set forth by the Board of Trustees of the town by duly adopted resolution, and the fees may be amended by resolution of the Town Board of Trustees.
(Ord. 382, passed 7-8-2021)
§ 154.126 GENERAL REQUIREMENTS.
(A) It shall be the duty of the building inspector or a town official to issue a permit applied for under this section, if he or she finds the application in order and in compliance with all provisions of this chapter and other ordinances, and if the fee prescribed by this section has been paid.
(B) The building inspector may revoke any permit issued that fails to comply with any provision of this chapter or other applicable town ordinance. Upon such revocation, all work authorized by the permit shall cease.
(C) No person shall continue with the construction of a fence after being served with a stop work order by the building inspector of the town or his or her designee except such work as that person to remove a violation or unsafe condition.
(D) If the work authorized by a permit issued under this section is not completed within six months after the date of issuance, the permit shall expire and become null and void.
(Ord. 382, passed 7-8-2021)
§ 154.127 RIGHT OF APPEAL.
(A) Upon denial of a fence permit application by the building inspector, an applicant may appeal in writing to the Board of Adjustment for consideration of variances. Whenever the applicant can show that a strict application of the terms of this article will impose upon him or her unusual or practical difficulties, the Board of Adjustment may consider such variances when the Board is satisfied that granting of such variation will not merely serve as a convenience but will alleviate some demonstrable and unusual hardship or difficulty to warrant a variance and, at the same time, the surrounding property will be properly protected.
(B) Areas that warrant a hearing before the Board of Adjustment would be fence materials, fence setbacks and overall height of the fence. These are the only areas that may be considered for considering a variance by the Board of Adjustment.
(Ord. 382, passed 7-8-2021)
§ 154.140 LANDSCAPING.
This article is intended to ensure that new landscaping and the retention of existing vegetation is an integral part of all development, and that it contributes added high quality to development, retains and increases property values, conserves water and improves the environmental and aesthetic character of the community. It is also the intent of this section to provide flexible requirements that encourage and allow for creativity in landscape design.
(Ord. 382, passed 7-8-2021)
§ 154.141 APPLICABILITY.
(A) New development.
(1) All new nonresidential development shall be landscaped to provide visual buffering, enhance the beautification of the town, safeguard and enhance property values, protect public and private investment, and to protect the public health, safely and general welfare of the citizens of the town. The landscaped area will help reduce soil erosion, and the volume and rate of discharge of stormwater runoff.
(2) All new residential development/redevelopment of six or more dwelling units and/or three or more acres shall comply with the provisions of this section for landscaping requirements.
(B) Renovation/enlargement of existing development. This division (B) shall apply to all applications for building permits for projects that involve one or more of the following:
(a) An increase in the number of stories in an existing building on the lot;
(b) An increase in the non-permeable lot coverage by more than 500 square feet; or
(c) An increase of 50% or more in the square footage of building area or parking lot.
(C) Landscaping plans approved under previous ordinances. All landscape plans approved under prior ordinances of the town shall remain in effect and subject to fulfillment of all terms of such plans previously filed and approved.
(D) Exemptions. The following development types and areas are exempted from the requirements of this section:
(1) Individual single-family and two-family dwellings on separate lots, where such residential use is the primary use on the lot;
(2) New single-family detached and two-family subdivisions with four or fewer lots and four or fewer dwellings; and
(3) Temporary uses approved pursuant to this chapter.
(Ord. 382, passed 7-8-2021)
§ 154.142 LANDSCAPING AREA REQUIREMENTS.
For all nonresidential, multi-family, and mixed-use districts.
(A) An area equal to 10% of the building footprint per street frontage shall be landscaped. Landscaping shall be located on that portion of the lot situated between the proposed building line and the property line or lines adjacent to the street and shall be permanently maintained.
(B) Right-of-way between back of curb or edge of pavement to property line must be landscaped. However, in no case shall there be less than a ten-foot wide landscaped area.
(C) Any landscaped area in the right-of-way in excess of ten feet in width may be credited toward the total required landscaped area requirement.
(D) The combined total of non-living landscape materials shall not exceed 50% of total required landscape area.
(Ord. 382, passed 7-8-2021)
§ 154.143 PARKING LOT LANDSCAPING.
Landscaping in all commercial and residential parking lots shall be as follows.
(A) Parking lots shall be separated from street frontages and from abutting uses by planting areas.
(B) A minimum ten-foot wide landscape strip shall be provided between any parking lot designed or intended to accommodate seven cars or more and any lot frontage of the property on which the parking lot is located, unless the parking area is otherwise screened from the street by a building or other means.
(C) A minimum ten-foot wide landscape strip shall be provided between any vehicular loading area and any lot frontage of the property on which the loading area is located, unless the vehicular loading area is otherwise screened from the street by a building or other means.
(D) One deciduous shade tree shall be provided within the parking lot for every seven parking spaces, or portion thereof. Each tree shall be located within the parking lot in reasonable proximity to the spaces for which the tree was required. Trees provided to meet the minimum requirements of any landscape strip or buffer may not be counted toward this requirement.
(E) Tree planting areas shall be no less than eight feet in width and shall provide at least 100 square feet of planting area per tree. No tree shall be less than two and one-half feet from the edge of pavement or back of curb; if curbing is not provided around the tree planting area, curb stops shall be placed such that vehicles will not overhang the tree planting area.
(F) (1) A landscaping island shall be located at the end of every parking bay between the last parking space and an adjacent travel aisle or driveway.
(2) The island shall be no less than eight feet wide for at least one-half the length of the adjacent parking space. The island shall be planted in trees, shrubs, grass or ground cover except for those areas that are mulched.
(G) Landscaping islands and tree planting areas shall be well drained and contain suitable soil and natural irrigation characteristics for the planting materials they contain.
(Ord. 382, passed 7-8-2021)
§ 154.144 LANDSCAPING PLAN.
(A) Landscaping plan approval. Landscape plans shall be reviewed and approved by the Zoning Administrator prior to the issuance of a building permit. For multi-family, commercial, and industrial developments, a landscaping plan shall be submitted with the required site plan. For single-family, two-family and mobile home developments, the location of proposed landscape development shall be shown on the preliminary plat followed by a landscape plan submitted with the final plat. Upon receipt of a landscape plan, the Zoning Administrator shall:
(1) Approve the landscape plan as complying with the requirements of this chapter;
(2) Approve the landscape plan with conditions that bring it into compliance with the requirements of this chapter;
(3) Reject the landscape plan as failing to comply with the requirements of this chapter; or
(4) Waive the landscape requirement if it is determined that a suitable location for landscape development is not available.
(B) Landscaping plan content. All landscaping plans shall include the following information:
(1) North arrow and scale;
(2) The location of existing property lines and dimensions of the tract, accurately drawn to scale;
(3) Exact locations and outline of all rights-of-way;
(4) The location and size of all existing and proposed buildings, and parking areas, including the exact number of parking spaces provided;
(5) The location and size of any permanent fixture or structure including, but not limited to, sidewalks, walls, fences, trash enclosures, project storage, lighting fixtures, signs and benches, which are relevant to the landscape plan;
(6) The location, size and type of all above-ground and underground public utilities with notation, where appropriate, as to any safety hazards to avoid during installation. Alternatively, a letter of no objection provided by the utility company may be provided;
(7) The location, size, type, species, spacing (on center), and quantity of all proposed plant materials and existing plant materials credited for points shall be graphically represented and referenced on the plan by a common name and/or scientific name, or an appropriate key of all plant species;
(8) Indicate the method of irrigation on plans and define the area of coverage. If an automatic irrigation system is not proposed, the location of all required hose connections and other watering sources shall be noted; and
(9) All screening required by this code.
(Ord. 382, passed 7-8-2021)
§ 154.145 MAINTENANCE OF LANDSCAPING.
(A) It shall be the responsibility of the property owner to maintain in good condition all the improvements required by this section. Landscaping which dies shall be replaced by the owner no later than 60 days after notification from the building official, with another living plant that is comparable to the existing plant or plant material specified in the approved landscape plan. The building official may extend this time period due to weather or other events outside of the reasonable control of the property owner.
(B) Failure to provide the improvements required by this code or failure to maintain required improvements in the manner prescribed by this code shall constitute an offense and violation of this code.
(Ord. 382, passed 7-8-2021)
§ 154.146 COMPLETION REQUIREMENTS.
A certificate of occupancy for any use wherein landscaping is required by this article, shall not be used until the landscaping has been installed in accordance with the landscaping plan; except that if a structure and all site improvements are complete except for the landscaping, and the season of the year or some other constraint will not permit the planting or growing of plants, temporary occupancy may be permitted by the building inspector until a date certain. If the landscaping has not been completed by said date, the property owner shall be in violation of the occupancy permit provisions of this chapter and shall be subject to the penalties as provided in § 154.999.
(Ord. 382, passed 7-8-2021)
§ 154.160 PARKING AND LOADING.
(A) (1) This article is intended to provide for the location and design of off-street parking areas to accommodate motor vehicles, while balancing the needs of pedestrians, bicyclists and transit users.
(2) Parking areas are secondary and supportive to the primary land uses on the site, and parking lot design should emphasize the primary facade and orient pedestrians toward the principal entranceways and walkways.
(B) The provisions of this section are also intended to help protect the public health, safety and general welfare by:
(1) Helping avoid and mitigate traffic congestion;
(2) Encouraging multi-modal transportation options and enhanced pedestrian safety;
(3) Providing methods to reduce the amount of impervious surface in parking areas and adequate drainage structures to order to reduce the environmental impacts of stormwater runoff;
(4) Ensure that paving or alternate means of surfacing of parking areas will address dust abatement and improve air quality; and
(5) Providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the town.
(Ord. 382, passed 7-8-2021)
§ 154.161 APPLICABILITY.
(A) Generally. The off-street parking and loading standards of this section shall apply to all parking lots and parking structures accessory to any new building constructed and to any new use within town limits. The requirements of this section shall apply to all temporary parking lots and parking lots that are the principal use on a site.
(B) Expansions and enlargements.
(1) Unless otherwise expressly stated, the parking standards of this section apply whenever an existing building or use is enlarged or expanded to include additional dwelling units, floor area or other units of measurement used for establishing off-street parking requirements.
(2) In the case of enlargements or expansions triggering requirements for additional parking, additional off-street parking spaces are required only to serve the enlarged or expanded area, not the entire building or use. In other words, there is no requirement to address lawfully existing parking deficits.
(3) Additional off-street parking spaces are required only when existing development is enlarged or expanded in any way that results in more than a 10% increase in the total number of off-street parking spaces required for the development based on the standards of this chapter.
(4) An enlargement or expansion may trigger the need to provide or increase accessible (ADA-compliant) parking, as determined by the town.
(C) Change of use.
(1) Unless otherwise expressly stated, when the use of property changes, additional off-street vehicle must be provided to serve the new use only when the number of parking spaces required for the new use exceeds by more than 10% the number of spaces required for the lawful use that most recently occupied the building based on the standards of this chapter
(2) When the number of parking spaces required for the new use exceeds the number of spaces required for the use that most recently occupied the property by more than 10%, additional parking spaces are required only to make up the difference between the amount of parking required for the previous use and the amount of parking required for the new use, based on the standards of this chapter.
(3) A change of use may trigger the need to provide or increase accessible ADA-compliant parking, as determined by the town.
(Ord. 382, passed 7-8-2021)
§ 154.162 COMPUTATION OF PARKING AND LOADING REQUIREMENTS.
(A) Fractions. When measurements of the number of required spaces result in a fractional number, any fraction shall be rounded up to the next higher whole number.
(B) Multiple uses. Lots containing more than one use shall provide parking and loading in an amount equal to the total of the requirements for all uses.
(C) Area measurements. Unless otherwise specified, all square footage-based parking and loading standards shall be computed on the basis of gross floor area of the use in question. Structured parking within a building shall not be counted in such measurement.
(D) Computation of off-street parking. Required off-street loading spaces shall not be included as off-street parking spaces in computation of required off-street parking spaces.
(E) Parking for unlisted uses. Parking requirements for uses not specifically listed in § 154.163 shall be determined by the Zoning Administrator based on the requirements for the closest comparable use, as well as on the particular parking demand and trip generation characteristics of the proposed use.
(Ord. 382, passed 7-8-2021)
§ 154.163 OFF-STREET PARKING REQUIREMENTS.
Unless otherwise expressly stated in this chapter, off-street parking spaces shall be provided in accordance with the following off-street parking schedule.
Off-Street Parking Schedule | |
Use | Number of Required Spaces |
Off-Street Parking Schedule | |
Use | Number of Required Spaces |
Residential and Lodging Uses | |
Detached house | 2 per dwelling unit, both fully enclosed |
Duplex | 2 per unit |
Multiple family | 2 per unit |
Boarding/rooming house, motel, hotel | 1 per guest room plus 1 per employee on maximum shift |
Dormitories, fraternities, sororities and unmarried student housing | 2 per 3 occupants based on maximum design plus any additional parking required to meet public assembly requirements. |
Businesses and Commercial Uses | |
Cafeteria, restaurant (not drive-in), bar, lounge, tavern, private club | 1 per seat based on maximum seating capacity plus 1 space per 2 employees on maximum shift |
Drive-in restaurant | 1 per 50 sq. ft. net floor area plus 1 space per 2 employees on maximum shift. |
Office not otherwise classified | 1 per 300 sq. ft. net floor area |
Commercial/service not otherwise classified | 1 per 200 sq. ft. net floor area |
Service station, car wash, and similar operations | Adequate off-street space for vehicles being washed, fueled or serviced plus maximum of 5 off-street spaces per establishment or minimum of 3 off-street spaces for each wash rack, wash space or work stall in station plan, whichever is greater |
Day care centers or nurseries | 1 per 2 employees |
Adult day care centers | 1 per 2 employees plus 5 public spaces |
Off-street parking requirements for temporary employment services/day labor businesses | Applicants for a temporary employment service or day labor business shall submit an application and the required fee to the Planning Commission for a conditional use permit (CUP) to determine parking requirements. Notice of such application shall be given to the public by posting a conspicuous sign on the subject property at least seven days prior to the Planning Commission meeting the recommendation of the Planning Commission shall be forwarded to the Town Board of Trustees for final approval. The Planning Commission and Town Board of Trustees shall make a determination of the parking demand created by the proposed use and the amount of parking spaces thus determined shall become the off-street parking requirement for the permitted use. For existing structures and shopping centers the amount of available parking and the creation of potential traffic and parking hazards shall be considered. |
Industrial and Warehouse Uses | |
Industrial, warehouse | Adequate area for all employee and customer vehicles at all times, plus adequate area for loading, unloading and for all vehicles used incidental to or part of primary operation |
Schools, Institutions and Places of Assembly | |
Schools | 10 per classroom (college) 20 per classroom (technical college/trade school 8 per classroom (high school) 4 per classroom (elementary and middle school) |
Hospital | 1 per 4 beds exclusive of bassinets, plus 1 per each visiting doctor/staff, plus 1 per 2 employees plus, adequate area for emergency vehicles. |
Medical/dental clinic or office | 6 per doctor plus 1 per 2 employees |
Convalescent/nursing home | 1 per 3 beds, plus 1 per 4 beds exclusive of bassinets, plus 1 per each visiting doctor/staff, plus 1 per 2 employees |
Community center, theater, auditorium, church sanctuary | 1 per 4 seats based on maximum seating capacity |
Place of amusement or recreation, convention hall, lodge, club, library or museum | 1 per 50 sq. ft. of floor space used for assembly or recreation in building |
All Uses Not Listed | |
For all uses not covered in this section, the Planning Commission shall make a determination of the parking demand to be created by the proposed use and the amount of parking thus determined shall be the off-street parking requirement for the permitted use. | |
Accessible Parking for People with Disabilities | |
Accessible parking spaces for people with disabilities shall be provided in accordance with applicable building codes and town engineering standards and specifications. The spaces may be counted toward satisfaction of the required spaces specified in this section. | |
(Ord. 382, passed 7-8-2021)
§ 154.164 CALCULATION OF MAXIMUM PARKING REQUIREMENTS.
For the purpose of calculating parking requirements, the following types of parking spaces shall not count against the maximum parking requirement, but shall count toward the minimum requirement:
(A) Handicapped parking;
(B) Vanpool and carpool parking; and
(C) Structured parking, underground parking and parking within, above or beneath the building(s) it serves.
(Ord. 382, passed 7-8-2021)
§ 154.165 STACKING SPACES FOR DRIVE-THROUGH USES.
In addition to meeting the off-street parking requirements of this section, drive-through facilities specified in § 154.076 Table of Uses, shall comply with the following minimum stacking space standards:
Type of Use | Minimum Stacking Spaces | Measured From |
Financial institution, with drive-thru | 4 | Teller window |
Restaurant, with drive through | 8 | Pick-up window |
Car wash, automatic | 6 | Bay entrance |
Car wash, self-service | 3 | Bay entrance |
Car wash, full service | 4 | Bay entrance |
Gasoline sales gas pump island | 30 feet from each end of island | |
(Ord. 382, passed 7-8-2021)
§ 154.166 OFF-STREET LOADING REQUIREMENTS.
(A) Development of any nonresidential or commercial/industrial use shall require provision of off-street loading spaces in conformance with the following minimum requirements:
Use | Gross Floor Area (sq. ft.) | Minimum Berths |
Retail and Industrial | 0—12,000 | 0 |
12,000—48,000 | 1 | |
48,000+ | 2 | |
Office | 0—48,000 | 0 |
48,000—100,000 | 1 | |
100,000+ | 2 |
(B) The off-street loading berths shall be maintained on the same lot with the building.
(C) Each berth shall be no less than 12 feet in width, 50 feet in length and 14 feet in height.
(D) Loading berths may occupy part of any required side or rear yard, but no space may be located closer than ten feet to the rear property line.
(E) When the off-street parking space or loading berth does not abut on a street, public or private alley or easement for access, an access drive of the following minimum widths shall be provided:
(1) Two-way drive: 25 feet;
(2) One-way drive for 90-degree parking: 24 feet.
(3) One-way drive for 60-degree parking: 18 feet.
(4) One-way drive for 45-degree parking: 13 feet.
(F) The maximum width of any driveway in nonresidential districts shall be 36 feet.
(G) All off-street parking areas, driveways and loading berths shall be constructed according to standards approved by the Town Board of Trustees and on file with the Town Clerk.
(H) Notwithstanding any provision of this section, no off-street parking spaces or loading berths shall occupy the sight triangle at a corner.
(Ord. 382, passed 7-8-2021)
§ 154.167 PARKING AND LOADING SURFACING.
(A) All off-street parking areas must be surfaced with a dustless, all-weather surface unless otherwise expressly stated in this article. Parking area surfacing must be completed prior to initiation of the use to be served by the parking.
(B) All motorized vehicles designed for travel upon public streets and that are being parked, stored or displayed for sale must be parked, stored or displayed on dustless, all-weather surface. This surfacing requirement does not apply to junk or salvage yards or to storage areas for agricultural, industrial or construction equipment. Other requests for use of alternative surfacing require approval in accordance with the special use permit procedures of § 154.040.
(C) Pervious pavement or pervious pavement systems, including pervious asphalt, pervious concrete, modular pavers designed to funnel water between blocks, lattice or honeycomb shaped concrete grids with turf grass or gravel filled voids to funnel water, plastic geocells with turf grass or gravel, reinforced turf grass or gravel with overlaid or embedded meshes, resin-bound pervious pavement systems, or similar structured and durable systems are allowed as parking lot surfacing materials. Gravel, turf or other materials that are not part of a structured system designed to manage stormwater are not considered pervious pavement or a pervious pavement system. Pervious pavement and pervious pavement systems must comply with the following.
(1) Materials must be installed and maintained in accordance with all applicable town standards. Damaged areas must be promptly repaired. Gravel that has migrated from a pervious pavement system onto adjacent areas must be regularly swept and removed.
(2) Accessible parking spaces and accessible routes from the accessible space to the principal structure or use served must comply with the Building Code.
(3) Pervious pavement or pervious pavement systems are prohibited in areas used for the dispensing of gasoline or other liquid engine fuels or where other hazardous materials are used or stored.
(4) Pervious asphalt, pervious concrete or modular pavers may be used for drive aisles and driveways, but no other pervious pavement systems may be used in such areas unless expressly approved by the Community Development Director.
(5) Pervious pavement or pervious pavement systems that utilize gravel with overlaid or embedded mesh or geocells may be used only in industrial zoning districts.
(6) Parking areas with pervious pavement or pervious pavement systems must have the parking spaces marked as required by this article, except that pervious pavement systems that utilize gravel or turf may use alternative marking to indicate the location of the parking space, including markings at the end of spaces on the drive aisle or curbing, wheel stops, or concrete or paver strips in lieu of painted lines.
(7) Vertical clearance: all parking spaces must have overhead vertical clearance of at least seven feet.
(Ord. 382, passed 7-8-2021)
§ 154.180 APPLICABILITY.
All multi-family residential and all nonresidential uses shall be required to provide screening as specified in this article to block the views of the specified features (e.g., refuse collection, service areas) from any adjacent street or public open space or any adjacent property or public areas of a site. For purposes of this section, public areas of a site include public parking areas, sales areas, outside eating areas or other areas to which customers, clients and guests are given regular access.
(Ord. 382, passed 7-8-2021)
§ 154.181 REFUSE COLLECTION.
(A) (1) In order to reduce the visual impacts of multi-family and nonresidential development, and to avoid problems with blown trash and pests, all refuse collection receptacles shall adhere to the standards that follow.
(2) For purposes of this section, the term REFUSE COLLECTION RECEPTACLES includes dumpsters, garbage cans, debris piles or grease containers, but does not include trash or recycling receptacles for pedestrians or for temporary construction sites.
(B) This section also does not apply to refuse collection receptacles such as garbage cans that are normally stored indoors and brought outdoors on garbage pickup days.
(1) Location. Outdoor refuse collection receptacles shall not be located in a required front setback, and should, depending on the size of the site and need for access by refuse collection vehicles, be set back from the front plane of the principal structure.
(a) Refuse collection receptacles for nonresidential uses shall not be located in any setback area or required landscaping area that abuts an adjacent residential use.
(b) Refuse collection receptacles shall not be located within any area used to meet the minimum landscaping or parking and loading area requirements of this chapter or be located in a manner that obstructs or interferes with any designated vehicular or pedestrian circulation routes on-site.
(2) Screening enclosure. Each refuse collection receptacle shall be screened from view on all sides by a durable sight-obscuring enclosure consisting of an opaque fence or wall of between six feet and eight feet in height. (See illustration below.) Where the access to the enclosure is visible from adjacent streets or residential properties, the access shall be screened with an opaque gate. The enclosure shall be maintained in working order and remain closed except during trash deposits and pickups.
(3) Maintenance of refuse collection receptacle. The lids of receptacles in screening enclosures without roof structures shall remain closed between pickups and shall be maintained in working order.
(Ord. 382, passed 7-8-2021)
§ 154.182 SERVICE, STORAGE, AND OFF-STREET LOADING AREAS.
(A) Service, storage and off-street loading areas shall be designed and located to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets.
(B) Non-enclosed service, storage and off-street loading areas shall be screened with durable, sight-obscuring walls and/or fences of between six feet and eight feet in height.
(C) Screening materials shall be the same as, or of equal quality to, the materials used for the primary building and landscaping.
(Ord. 382, passed 7-8-2021)
§ 154.183 ROOFTOP MECHANICAL EQUIPMENT.
(A) Rooftop mechanical equipment, including HVAC equipment and utility equipment that serves the structure, shall be screened.
(B) Screening shall be accomplished through the use of parapet walls or a sight-obscuring enclosure around the equipment constructed of one of the primary materials used on the primary facades of the structure, and that is an integral part of the building’s architectural design. (See illustration below.)
(Ord. 382, passed 7-8-2021)
§ 154.195 PURPOSE; INTENT.
(A) Purpose. It is the purpose of this article to establish effective sign regulations, which recognize public as well as private interest and investment in our environment, and which regulate the number, size and location of signs; to enable the public to locate goods, service and facilities without difficulty and confusion, to prevent wasteful use of natural resources in competition among businesses for attention, and to protect the health, safety, welfare, enjoyment and continued attractiveness of the community.
(B) Intent.
(1) The regulations contained in this article are intended to protect property values, create a more attractive business climate, enhance and protect the physical appearance of commercial and industrial areas, prevent the deterioration of areas of scenic and natural beauty and, in general, promote a desirable community environment through the regulation of existing and proposed outdoor signs.
(2) These regulations are further intended to reduce potential traffic hazards from distracting and obstructing signs and to reduce hazards that may be caused by signs projecting over public rights-of-way.
(3) It is further determined that signs which may lawfully be erected and maintained under the provisions of this chapter are consistent with ordinary usage, and that signs which may not lawfully be erected or maintained under the provisions hereof are not consistent with customary usage, are an abuse thereof and are an unwarranted invasion of the right of legitimate business interests and of the public.
(4) Additionally, these regulations are designed to define and prohibit unsafe signage; as well cause the removal of abandoned and nonconforming signs while promoting and protecting the health, safety and welfare of the community.
(Ord. 382, passed 7-8-2021)
§ 154.196 DEFINITIONS.
(A) Generally. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A-FRAME SIGN. A ground sign which resembles the shape of a letter “A” in profile view. Sometimes designated as “sandwich board”, “sidewalk board” or “curb sign”.
ABANDONED SIGN. Any sign advertising a business, use or service which has been discontinued or the premises upon which it is located have been vacated for a period of more than 90 days, which is a nonconforming sign.
ALTERATION. Any change in copy, color, size or shape, which changes appearance of a sign, or a change in position, location, construction or supporting structure of a sign except that a copy change on a sign is not an alteration.
ANIMATED SIGN. A sign which has any visible moving part, flashing or osculating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, osculate or visibly alters in appearance in a manner that is not permitted by these regulations.
ARCHITECTURAL PROJECTIONS. Any projection, excluding signs, which is not intended for occupancy and which extends beyond the face of an exterior wall of a building, including, but not limited to, roof overhangs, wing walls, mansards, unenclosed exterior balconies, marquees, canopies, pilasters, fascias and awnings.
AREA OF SIGN. The surface space of a sign, measured by its maximum projection or angle of interference with sight within a single continuous perimeter containing the sign message together with any frame, material or color forming an integral part of the display, not including support structures.
AWNING SIGN. Any sign painted on or attached to or supported by an awning.
BANNER, FLAG OR PENNANT. Any nonridged material used for advertising purposes attached to any structure, pole, staff, line or framing (not including official flags of officially recognized governments or religious organizations).
CANOPY. A permanently roofed shelter covering a sidewalk, driveway or other similar area, which is supported by the building to which it is attached.
COPY. The wording or message of a sign, including the surface upon which the wording or message is attached.
DIGITAL. Includes any pixel based or similar technology used to display and/or change the image and/or copy on a sign by electronic, digital, LED, video or similar technology.
DISPLAY FACE. See SIGN SIDE.
ELECTRONIC MESSAGE CENTER AND DISPLAY SCREEN. Any on premises sign or portion of a sign that uses changing lights to display an electronic image, video or text messages. The rate of change of the messages or images is electronically programmed and can be modified by electronic processes. This definition includes television screens, plasma screens, digital screens, flat screens, LED screens, video boards and holographic displays.
ERECT. To build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign, and shall also include the painting of exterior wall signs.
FACADE. The side of a building below the eaves.
FRONTAGE, BUILDING. The horizontal, linear dimension of that side of a building which abuts a street, a parking area, mall or other circulation area open to the general public and having either a main widow display of the enterprise or a public entrance to the building.
FRONTAGE, STREET. The lineal frontage or frontages of a lot or parcel abutting on a private or public street which provides principal access to, or visibility of, the premises.
HEIGHT. The vertical distance measured from the ground level to the top of a sign, inclusive of berms and embankments.
HISTORIC WORDS OR SYMBOLS. Any sign painted, engraved or carved into a building and that no longer relates to the use or occupant of the building and has been in place for greater than 50 years.
LOT. A portion or parcel of land, whether part of a platted subdivision or otherwise, occupied or intended to be occupied by a building or use and its accessories, together with such yards as are required under the provisions of this chapter.
LOT STREET FRONTAGE. The length of the property line(s) or lot line(s) bordering a public road. For corner lots, each street side property line shall be a separate street frontage.
MAINTENANCE. The replacing, repairing or repainting of a sign structure made necessary by ordinary wear and tear, weather or accident. All such work shall be performed so as to conform with all applicable code provisions.
NONCONFORMING SIGN. A sign in noncompliance with applicable number, area, height, setback, code or specification regulations but which lawfully existed at the time of the effective date of the chapter or amendments thereto.
OWNER. That person who owns a sign and who either owns the property on which the sign is located or is the owner of the business being conducted on the premises to which the sign pertains.
PERSON. Any person, tenant, firm, partnership, association, corporation, company, institution or organization of any kind.
PROJECTION SIGN. A building-mounted double-sided sign with the two faces generally perpendicular to the building wall, not to include signs located on a canopy, awning or marquee.
PROPERTY LINE. The line marking the boundary between any street and the lots or property abutting thereon as determined by the legal description of the property and the records of the Kingfisher County Clerk.
PUBLIC ENTRANCE.
(a) An entrance to a building or premises which is customarily used or intended for use by the general public.
(b) Fire exits, special employee entrances, loading dock entrances not generally used by the public, and the like shall not be considered as public entrances.
ROOF. The cover of any building, including the eaves and similar projections. The term ROOF LINE shall also include the highest point on any parapet wall, providing said parapet wall extends around the entire perimeter of the building.
SETBACK. The minimum allowable horizontal distance from a given point of line of reference, such as a street right-of-way, to the nearest vertical wall or other element of a building or structure.
SIGHT TRIANGLE. The area designated as corner visibility.
SIGN. All or part of any object, structure or device intended to be viewed by the public for advertisement or identification of a business, location, object, person, institution, organization, product, service or event by means of including words, pictures, logos, symbols, colors, motion, illumination or projected images as part of a window sign. For purposes of removal, SIGNS shall also include all sign structures.
SIGN STRUCTURE. Any part of a sign, including the base, supporting columns or braces, display surface or any appendage thereto.
SITE PLAN.
(a) An accurately scaled development plan that illustrates the existing conditions on a land parcel as well as depicting details of a proposed development.
(b) Among the features generally required on a site plan are the property boundaries and lot lines, existing streets and impervious surfaces, existing buildings and other structures, major features of the landscape, proposed street and utility networks and planned access points.
(B) Types of signs.
BENCH SIGNS, COURTESY. Any bench or seat placed for the convenience of the public and containing advertising matter.
BILLBOARD OR OFF-PREMISES SIGN. A sign or advertising device which directs attention to or advertises products, services or activities unrelated to the where the sign is located.
CANOPY SIGN. Sign attached to or constructed in or on a canopy.
CHANGEABLE COPY SIGN (MANUAL). A sign on which copy, or sign panels may be changed manually in the field, such as boards with changeable letters or changeable pictorial panels.
DIRECTIONAL SIGN. A sign guiding or directing vehicular or pedestrian traffic within a development. Directory signs shall not be deemed to be freestanding, ground or wall signs.
FREESTANDING/GROUND SIGN. A sign not attached to buildings on the lot.
GRAND OPENING SIGN. Any temporary sign which calls attention to a new business.
ILLUMINATED AWNING SIGN.
(a) A frame structure with translucent, flexible, reinforced vinyl covering designed in awning form, but whose principal purpose and use is signage.
(b) Such signs are internally illuminated by LED, fluorescent or other light sources in fixtures approved under national and local electrical codes.
INSTITUTIONAL SIGN. A sign placed on premises of an institution containing the name of and/or information relating to such uses. Uses allowed: public facilities, schools, religious assembly, hospitals or government owned facilities.
JOINT IDENTIFICATION SIGN. A sign which serves as common or collective identification for two or more commercial or industrial uses on the same lot.
MARQUEE SIGN. A sign depicted upon, attached to or supported by a marquee (A permanently roofed structure attached to and supported by a building and projecting from the building.)
MESSAGE CENTER SIGN. Any electronic communication display device utilizing lights, diodes or similar illumination to create letters, numerals or graphic presentations, capable of one or more of such various functions or operating modes as steady, scrolling, traveling, alternating or flashing copy.
MENU BOARD SIGN. A sign which is designed and utilized for the purpose of disclosing the availability and cost of products sold on the premises on which it is situated, which products are delivered directly to the stall or place where the menu board is installed, or which are delivered at some point in a lane of travel in which the menu board sign is part.
MONUMENT. Any sign, other than a pole sign, placed upon or supported by the ground independent of any other structure. MONUMENT SIGNS are typically mounted on a masonry base. As distinguished from a pole sign, the sign base of any monument sign must be a minimum of 75% or more of the width of the sign face that is to be situated on the base. If less than 75%, it is considered a pole sign.
MULTIPLE-TENANT SIGN. An on-premises sign identifying individual businesses within a commercial building or buildings where the uses share the same lot, access and/or parking facilities or a coordinated site plan.
MURAL. A work of graphic art painted or applied to building wall(s) which contains no advertising or logos.
OFF-PREMISES SIGN. Any sign, including a billboard or general outdoor advertising device, which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere than on the same lot or within the same building upon which such sign is located.
OPEN HOUSE SIGN. Any temporary sign that calls attention to a home for sale or rent, which is temporarily open to the public.
POLE. A sign erected and maintained on one or more freestanding mast(s) or pole(s) and not attached to any building.
POLITICAL SIGN. A sign concerning candidate for political office or involving a ballot issue.
PORTABLE SIGN. A sign designed to be transported from one location to another and is not permanently mounted.
PROJECTING SIGN. A sign attached to a building or extending in whole or in part 15 inches or more horizontally beyond the surface of the building to which the sign is attached and where the face of the sign is not in a plane parallel to the wall to which it is attached, but not including a “marquee sign,” as herein defined.
REAL ESTATE SIGN. A sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is erected or displayed.
RESIDENTIAL DEVELOPMENT ENTRANCE SIGN. A sign on a gateway at the entrance of a residential complex or development denoting the name and/or address of the complex or development.
ROOF SIGN. A sign erected upon or over the roof or parapet of any building and supported in whole or in part by the building.
SUBDIVISION ENTRY SIGN. A sign integrated into the entrance treatment (i.e., entrance wall) with the name of the subdivision or planned unit development on one or both sides of each principal entrance. SUBDIVISION ENTRY SIGNS shall not obstruct any public right-of-way or easement.
SUSPENDED SIGN. A sign suspended from the ceiling of an arcade, marquee, canopy or other architectural projection, as herein defined.
TEMPORARY SIGN. A sign, banner, pennant, balloon, feather flags, tear drop flags or similar device or display which is intended for a temporary period of display for the purpose of announcing a special event or promoting a political campaign, special election or construction. Such sign may be constructed of cloth, vinyl, plastic, canvas or cardboard material, with or without a structural frame.
TIME-TEMPERATURE-DATE SIGN. A sign which displays the time, outdoor temperature and/or date of the month.
V-TYPE SIGN. A sign consisting of multiple sign facings placed at angles to each other, oriented in different directions and not exceeding ten feet apart at any point.
VEHICLE-MOUNTED SIGN. A sign mounted or displayed upon a trailer, van, truck, automobile, bus, railroad car, tractor, semitrailer or other vehicle, whether or not such vehicle is in operating condition and is not currently registered and licensed to operate on public streets and not actively used as a vehicle.
WALL/BUILDING MOUNTED SIGN. A sign attached flat to any wall of an enclosed building, where the exposed face of the sign is in a plane parallel to the plane of said wall and extends not more than 15 inches horizontally from the face of said wall. A sign erected upon or against the side of a roof having an angle of 45 degrees or less from the vertical shall be considered to be a WALL SIGN and shall be regulated as such. Also, a sign painted directly on the surface of the building.
WINDOW SIGN. A sign, which is painted on, applied or attached to, or located within one foot of the interior of a window, which sign can be seen through the window from the exterior of the structure. Merchandise which is included in a window display shall not be included.
(Ord. 382, passed 7-8-2021)
§ 154.197 APPLICATION; PROHIBITED SIGNS.
(A) The provisions of this article shall apply to the display, construction, erection, alteration, use, location and maintenance of all signs within the town. It shall be unlawful hereafter to display, construct, erect, alter, use or maintain any sign, except in conformance with provisions of this article.
(B) This article shall not apply to:
(1) The changing of the copy on a legal sign;
(2) Painting, repainting, cleaning or other normal maintenance and repair of a sign or a sign structure unless a structural change is made;
(3) Historic words or symbols;
(4) Any noncommercial holiday signs and decorations; or
(5) Signs erected by a governmental body, such as a federal, state, county or municipality.
(C) All signs not expressly permitted under this article or exempt from regulation are prohibited in the town. Such signs include, but are not limited to:
(1) Abandoned signs;
(2) Snipe signs. Signs shall only be attached to utility poles in conformance with state and utility regulations and the requirements of this chapter; and
(3) Vehicular signs.
(D) Signs and/or window coverings that cover greater than 30% of either the interior or exterior of a window’s viewing area are strictly prohibited.
(Ord. 382, passed 7-8-2021)
§ 154.198 EXEMPTIONS.
The following are exempt from the requirement to obtain a sign permit, but shall otherwise comply with the terms of this chapter, except as otherwise specifically indicated:
(A) Bulletin boards. Bulletin boards for public, charitable, or religious institutions when the same are located on the premises of the institutions and are less than 24 square feet in area, provided such sign shall be located on the same lot as the principal structure;
(B) Construction signs. Construction signs when placed upon the construction site following the issuance of a building permit. Only one such sign shall be allowed per street frontage and each sign shall not exceed 36 square feet in area. Such sign must be removed not later than 30 days after a certificate of occupancy is issued by the building official;
(C) Directory signs and office identification signs. Up to one of each such sign per building facade, provided that no one sign shall exceed six square feet in area;
(D) Signs inside a building. Signs inside a building, or other enclosed facility, which are not meant to be viewed from the outside;
(E) Home occupation signs. No permit is necessary if the following criteria are met:
(1) Permitted in the A-1, R-1, R-2 Zoning Districts;
(2) The maximum sign area is two square feet;
(3) The sign must be attached to the main or accessory building; and
(4) The sign shall not be illuminated.
(F) Holiday and seasonal decorations. Holiday and seasonal decorations;
(G) Flags, streamers, pennants and inflatables. Flags, streamers, pennants and inflatables associated with a promotion or special event;
(H) Murals. Murals provided such signs do not contain any commercial messaging;
(I) Political and noncommercial signs.
(1) Temporary signs advertising political candidates or parties, provided that such signs may not be erected before the applicable filing period and shall be removed within 30 days following such election; or signs advertising support or opposition to any public issue, provided that such signs shall not be erected more than 30 days prior to the election on the issue and shall be removed within 30 days following such elections.
(2) These signs shall not be placed any closer than 15 feet from the right-of-way;
(J) Real estate signs. Real estate signs which advertise the sale, rental, or lease of the premises on which such signs are located shall be subject to the following limitations:
(1) Residential district. A total sign area not to exceed 16 square feet; or
(2) Nonresidential district. A maximum sign dimension of 32 square feet; and
(a) One per lot frontage; or
(b) For lots that have frontage that exceed 300 linear feet, one additional sign per 300 linear feet.
(K) Temporary signs.
(1) Temporary signs (including temporary window sign covering less than 30% of either the interior or exterior of a window). Provided that signs may not be erected more than 30 days before a special event.
(2) These shall be removed within seven calendar days following the special event.
(3) They can be placed no closer than 15 feet from the edge of the street. No more than two temporary signs shall be placed on a site per year.
(Ord. 382, passed 7-8-2021)
§ 154.199 ENFORCEMENT; ADMINISTRATION.
(A) Generally. All provisions of this article shall be enforced and administered by the Zoning Administrator or other designated personnel.
(B) Applicability. Except as otherwise provided in this chapter, it shall be unlawful for anyone to erect, construct, enlarge, move, convert or place any sign in the town without first obtaining a sign permit for each such sign from the Zoning Administrator.
(C) Application for permit. In order to apply for a sign permit, the applicant must provide the following information, in writing, to the Zoning Administrator:
(1) A site plan and elevation drawing of the proposed sign;
(2) Type and size of sign, including wind-load specifications and calculations;
(3) The material with which the sign is to be constructed;
(4) The height of the sign; and
(5) The information to be contained on the sign.
(D) Submission; review time. Upon submission of the written application, the town shall have ten business days to review the application for a sign permit.
(E) Approval in writing. The Zoning Administrator shall approve sign permits in writing. Approval shall be entered upon the original permit application and maintained in the files of Zoning Administrator.
(F) Fee. Before a permit is issued, the applicant shall pay to the Town Clerk a fee as prescribed.
(G) Refund of fee. The fee shall not be refunded upon the revocation of a permit pursuant to the provisions of this chapter.
(H) Expiration. Unless otherwise specified by the Zoning Administrator, approved sign permits shall expire 180 days after the date issued.
(Ord. 382, passed 7-8-2021)
§ 154.200 RESIDENTIAL DISTRICT SIGNS.
The following signs shall be permitted in residential districts, unless otherwise provided in this article.
(A) Real estate signs, construction signs, identification signs and instructional signs which comply with the number, height, area, manner and location provisions of the districts, provided that real estate signs be removed no later than five days after the close of sale;
(B) Subdivision entry sign; and
(C) Signs identifying any of the following uses shall be allowed, subject to a maximum sign area of 24 square feet and not more than one such sign per lot. No sign shall exceed six feet in height;
(1) Public or private schools;
(2) Places of assembly;
(3) Nursing or rest homes; and
(4) Public parks or recreation areas.
(Ord. 382, passed 7-8-2021)
§ 154.201 COMMERCIAL AND INDUSTRIAL DISTRICT SIGNS.
The following signs shall be permitted in commercial and industrial districts and subject to the stated regulations:
(A) Generally. No sign shall be erected or maintained in any category of commercial (neighborhood or highway) or industrial zoning districts, except to identify only the name of the owner, trade name, trademark or product symbol, products sold and/or the business activity conducted on the premises upon which the sign is located, in conformity with the following general regulations, unless otherwise specified in the subarea requirements of this article;
(B) Building-mounted/wall signs.
(1) Area.
(a) On lots less than two acres:
1. Total sign area of all building signs shall not exceed 5% of the total wall area for all walls that directly face a public street or parking lot; and
2. No single building sign shall exceed 24 square feet.
(b) On lots of two acres or more but less than five acres:
1. Total sign area of all building signs shall not exceed 6% of the total wall area for all walls that directly face a public street or parking lot; and
2. No single building sign shall exceed 36 square feet.
(c) On lots of five acres or more:
1. Total sign area of all building signs shall not exceed 7% of the total wall area for all walls that directly face a public street or parking lot; and
2. No single building sign shall exceed 60 square feet.
(2) Height. Signs shall have a maximum height equal to the eave line.
(3) Illumination. In no event shall any illuminated building-mounted sign be allowed within 150 feet of the nearest residential district or development, with this distance being measured from the nearest portion of the sign to the nearest property line contained within any such residential district or development.
(C) Freestanding signs.
(1) Area. Each sign shall have a maximum area based on the lot size of the property as follows:
1. On lots less than two acres: 24 square feet;
2. On lots of two acres or more but less than five acres: 40 square feet; and
3. On lots of five acres or more: 60 square feet.
(2) Height.
1. For non-shopping centers, individual businesses, signs shall have a maximum height of ten feet;
2. For non-shopping centers, individual businesses, signs shall have a maximum height of ten feet;
3. Freestanding signs for multiple tenant developments shall not exceed 60 square feet in area and shall not exceed ten feet in height; and
4. Identification signs for shopping center developments containing multiple tenants shall be required to be designed to accommodate space for a minimum of two secondary tenants in addition to the primary major tenant in the development.
(3) Illumination. Signs may be illuminated as approval by Town Administrator or his or her delegate.
(4) Shopping center development identification signs. Shopping centers, typically containing multiple tenants such as retail or other commercial centers which meet the following square footage requirements, shall be eligible for one freestanding development identification sign per street frontage classified as an arterial or collector adjacent to the property upon which the shopping center development is located. The street frontage for a shopping center development which is designed to have individual freestanding tenants on platted lots or tracts that are included within the shopping center shall be calculated based upon the cumulative arterial or collector street frontage of such lots or tracts which are part of the respective shopping center development. Multiple buildings planned as part of the same shopping center development may use the cumulative total square footage of such buildings; however, any building used in such total shall then be ineligible for any additional freestanding signage.
(Ord. 382, passed 7-8-2021)
§ 154.202 DOWNTOWN MIXED-USE DISTRICT SIGNS.
Signs within the Downtown Mixed-Use District shall be subject to the additional following requirements.
(A) Wall and projection signs.
(1) One wall or projection sign per facade on every side of the building with exposed illumination will be permitted for each individual business.
(2) The outline area of each wall sign shall not exceed 25% of the wall area of the business on which the sign is attached. No sign may exceed 150 square feet in area.
(3) No sign shall project more than five feet above the roof line of the building. This requirement shall not apply to pre-existing legal nonconforming signs.
(4) Signs may project up to five feet into any portion of the right-of-way not occupied by a road surface. Signs which overhang a sidewalk shall be a minimum of eight feet above the sidewalk.
(B) Freestanding signs.
(1) Height. Multiple tenant signs shall not exceed ten feet in height, including the monument base. Individual tenant freestanding signs shall not exceed six feet in height, including the base.
(2) Sign area. The maximum sign area of a multiple tenant identification sign shall be 48 square feet. Individual tenant signs shall be no more than 24 square feet per side.
(3) Hanging signs. Shall be constructed on a single post and perpendicular bracket design. The height of the signpost shall not exceed six feet in height. The sign area shall not exceed six square feet.
(C) Temporary signs.
(1) Menu boards, sandwich boards or A-frame type signs shall be allowed for the purpose of advertising nonrecurring daily specials.
(2) These signs shall be removed from display each day at the close of business.
(3) Limited to a maximum of six square feet in area per side up to two sides to any one sign.
(Ord. 382, passed 7-8-2021)
§ 154.203 DIGITAL SIGNS.
(A) Location.
(1) Digital signs shall be allowed in the residential zoning districts.
(2) Digital signs shall only be allowed in the Downtown Mixed-Use District with approval of a sign permit by the Town Board of Trustees upon recommendation of the Planning Commission.
(3) Digital signs for churches and schools that are not located within a commercial, industrial or general public district shall be permitted if conforming to the following:
(a) Signs shall not be displayed between the hours of 10:00 p.m. and 6:00 a.m.; and
(b) The maximum area allowed shall be 54 square feet per sign.
(B) Display.
(1) (a) A digital sign shall not allow any single display, advertisement, or message to change more frequently than once every six seconds, with a transition period between each display of one second or less.
(b) The maximum brightness levels for a digital sign shall not exceed five-tenths foot- candle over ambient light levels at all times, day or night.
(c) Certification must be provided to the town at the time of the sign permit application demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower.
(2) Digital sign illumination requirements.
(a) The luminance of a digital sign shall be measured at least 30 minutes before sunset, with a foot-candle meter with the digital sign or displaying a black image at a pre-set distance, and again with the sign on displaying a white image at the same distance.
(b) All measurements shall be taken perpendicular to the face of the sign at the distance determined by the sign area versus measurement distance. The following formula shall be used to determine the distance:
Measurement distance = square root of the area of sign square footage x 100 |
(c) If the difference between the readings is five tenths foot-candle or less at night, the brightness is adjusted correctly.
(d) All digital signs shall be equipped with a sensor or other device that automatically adjusts the sign to comply with the five-tenths foot-candle measurement standard. Certification must be provided to the town at the time of the sign permit application.
(e) 1. Existing digital signs may use a timer, photocell or other means to adjust the brightness.
2. Timers shall be set to lower the brightness from 30 minutes before sunset to 30 minutes after sunrise throughout the year.
(Ord. 382, passed 7-8-2021)
§ 154.204 NONCONFORMING SIGNS.
(A) Signs legally in existence at the time of the adoption of this chapter, which do not conform to the requirements of this chapter, shall be considered nonconforming signs.
(B) All nonconforming signs, including billboards, commercial advertising structures, and statuary or supporting members shall be completely removed from premises not later than three years from the effective date of June 30, 1973.
(C) All permanent signs and sign structures shall be brought into conformance with the sign regulations when and if the following occurs:
(1) (a) The sign is removed, relocated, or significantly altered. Significant alterations include changes in the size or dimension of the sign.
(b) Changes to the sign copy or the replacement of a sign face on a nonconforming sign shall not be considered a significant alteration;
(2) If more than 50% of the sign area is damaged, it shall be repaired to conform to this chapter;
(3) The sign is located within the sight triangle and obstructs the view of motorists;
(4) An alteration in the structure of a sign support;
(5) A change in the mechanical facilities or type of illumination;
(6) A change in the material of the sign face;
(7) The property on which the nonconforming sign is located submits a subdivision or land development application requiring municipal review and approval; and
(8) The property on which the nonconforming sign is located undergoes a change of land use requiring the issuance of either a use and occupancy permit, or a change of use and occupancy permit by the town.
(Ord. 382, passed 7-8-2021)
§ 154.205 MAINTENANCE OF SIGNS.
(A) Every sign, including those exempted from this chapter, shall be maintained in good structural condition at all times.
(B) All signs shall be kept neatly painted, including all metal parts and supports thereof that are not rust resistant.
(C) The building inspector or authorized representative shall inspect and shall have authority to order the painting, repair, alteration or removal of any sign which constitutes a hazard to the health, safety or general welfare of the public.
(Ord. 382, passed 7-8-2021)