Highland Heights City Zoning Code
TITLE FIVE
Other Zoning Provisions
APPENDIX ZONE MAP CHANGES
Ord. No. Date Subject
20-1964 6-30-64 Part of Original Mayfield Twp. Lot 34, Tract 1, from U-1, O-B and P-C-M to P-C-M District.
21-1964 9-22-64 (a) Permanent Parcels 822-12-36, 822-27-1, 822-27-21, 822- 32-20, 822-32-21, 822-3-1, 822-3-20, 822-3-21, 821-28-6 and 821-23-6 designated as L-B Districts.
(b) Permanent Parcels 822-15-9, 822-15-10, 822-15-11, 822- 15-34, 822-15-35, 822-27-22, 822-2-12, 822-2-13, 822-2-36 and 821-23-5 designated G-B Districts.
22-1964 8-31-64 Part of Original Mayfield Twp. Lots 1 and 11, Tract 1, from U-1 to P-C-M District.
45-1964 4-13-65 Part of Original Mayfield Twp. Lots 34 and 44, Tract 1, from O- B to P-C-M District.
7-1965 3-23-65 Permanent Parcels 822-32-20 and 822-32-21 from L-B to U-1 District.
51-1965 1-25-66 Permanent Parcels 821-4-3, 821-3-1, 821-18-1 through 7 and 10 from U-1 to P-C-M District.
39-1966 12-13-66 Permanent Parcel 822-7-4 from O-B to P-C-M District.
8-1967 3-28-67 Permanent Parcel Nos. 821-19-1 and 3 from U-1 to P-C-M District.
44-1968 1-14-69 Part of Original Mayfield Twp. Lot 44, Tract 1, from P-C-M to U-1 District.
55-1968 1-14-69 Permanent Parcels 822-27-1 and 822-27-21 from L-B and U-1 to U-3 District.
62-1968 1-14-69 Permanent Parcels 821-23-5; 822-2-12 & 13; 822-24-10, 11, 12; 822-24-1, 2 & 6; 822-27-22, and 822-15-34 from G-B to M-S District.
15-1969 6-24-69 Part of Original Mayfield Twp. Lots 11 and 21, Tract 1, from U- 1 to P-C-M District.
6-1970 10-13-70 Permanent Parcels 822-27-1 and 822-27-21 at the intersection of Wilson Mills and Brainard Rds. zoned L-B District.
16-1970 6-9-70 Portion of Permanent Parcel 822-27-22 zoned O-B District.
41-1976 11-2-76 Permanent Parcel 822-24-14 to P-C-M District.
17-1984 11-6-84 5564 Wilson Mills Rd. from M-S to O-B District.
18-1984 5-22-84 169.1452 acre parcel on Bishop Rd. from U-1 to P-C-M District.
22-1984 11-6-84 Permanent Parcel 822-27-2 on west side of Brainard Rd. from U- 1 to O-B District.
40-1986 11-4-86 386 acres located east of Bishop Rd., west of Miner Rd. and north of Highland Rd. from U-1 and P-C-M to new classification R & R (Recreation and Residential Development District).
31-1987 11-3-87 About 6.5 acres located east of Miner Rd., west of Alpha Dr., north of Wilson Mills Rd., and south of Highland Rd. from Residential District to a new classification PCM (Park-Commercial-Light Manufacturing District).
47-1988 11-8-88 Approximately 26 acres contiguous to area known as Highland Greens, from U-1 (One-Family Residential District) or P-C-M (Park-Commercial-Light Manufacturing District) to R & R District (Residential and Recreational Development District).
15-1990 11-6-90 Permanent Parcels 821-05-008, 821-05-009, 821-05-011 and 821- 05-018 fronting on Bishop Road from U-1 (One-Family Residential) to P-C-M (Park-Commercial-Light Manufacturing).
33-1994 5-2-95 Permanent Parcels 821-04-006, 821-04-003, 821-18-001 and 821- 18-002 comprising 20.4907 acres fronting on Bishop Road from U-1 (One-Family Residential) to P-C-M (Park-Commercial-Light Manufacturing).
34-1995 3-19-96 68.4 acres fronting on Bishop Rd. from U-1 (One Family Residential District) to P-C-M (Park-Commercial-Light Manufacturing District.)
29-2001 7-24-01 Two acres fronting on Minor Road from from U-1 (One Family Residential District) to R & R (Residential and Recreational District).
21-2002 7-23-02 0.457 acres fronting on Bishop and Wilson Mills Roads from MS (Motor Service District) to L-B (Local Business District).
11-2007 7-24-07 Parcel No. 822-24-006 fronting on Wilson Mills Road from MS (Motor Service District) to G-B (General Business District).
13-2012 7-10-12 Parcel Number 822-27-041, comprising approximately .3577 acres of land on Brainard Road from Single Family Residential District (U-1) to Automobile Parking District (P).
1141.01 INTENT AND PURPOSE.
Off-street parking and loading requirements are established to promote the general convenience, welfare and prosperity of the community. More specific purposes are:
(a) To relieve congestion on streets so that streets can be utilized more fully for the movement of traffic;
(b) To promote the safety and convenience of pedestrians and shoppers by locating parking areas and access drives so as to lessen car movements in the vicinity of intensive pedestrian and motor vehicle traffic;
(c) To protect adjoining and neighboring residences and business from the glare, unsightliness, noise and traffic congestion caused by nearby on-street and off-street parking of motor vehicles;
(d) To promote the general welfare, convenience, and prosperity of institutional, residential, business, and industrial developments, which depend upon off-street parking and loading facilities and provisions; and
(e) To promote the construction and maintenance of attractive and safe off-street parking facilities that include requirements and standards for adequate lighting, landscaping, buffers, drainage, pavement material and striping.
(Ord. 43-1996. Passed 2-11-97.)
1141.02 DEFINITIONS.
The following terms shall have, throughout this chapter, the meanings given herein:
(a) “Accessory off-street parking space” means an open or enclosed area, which is adequate for parking an automobile with room for opening doors on both sides and which is accessible from a street, and which is located totally outside of any street or alley right-of-way.
(b) “Floor area”, for the purpose of determining requirements for accessory off- street parking spaces, means the total area of all the floors used by the public, measured from the exterior faces of the building. Any floor or part thereof used for storage, the packaging of merchandise, stairwells, elevator shafts, mens’ and womens’ restrooms, hallways, janitor closets, mechanical or maintenance rooms, and interior vehicular parking or loading may be excluded, subject to approval by the Commission.
(c) “Seat” means the number of seating spaces installed or indicated, or each twenty-four lineal inches of benches, pews or space for loose chairs of similar seating facilities; the minimum spacing of rows shall be thirty inches on center.
(d) “Fractional unit” means where the computation for determining the number of parking spaces results in a fractional space unit, one additional space shall be provided.
(e) “Off-street loading space” means an open or enclosed designated area that is located adjacent to a building or buildings where trucks or other vehicles may temporarily park to load and unload cargo and which is located totally outside of any street or alley right-of-way. (Ord. 43-1996. Passed 2-11-97.)
1141.03 ACCESSORY PARKING FACILITIES REQUIRED.
Accessory off-street parking facilities, including accessways, shall be provided as a condition precedent to occupancy of a residential, institutional, business, commercial and manufacturing developments, in conformance with the following provisions of this chapter:
(a) Whenever a building is constructed of a new use established;
(b) Whenever an existing building is altered and there is an increase of the number of dwelling units, seating capacity and/or floor areas of building; or
(c) Whenever the use of an existing building is changed to a use requiring more off- street parking spaces. (Ord. 43-1996. Passed 2-11-97.)
1141.04 CONTINUATION OF PARKING FACILITIES.
All existing off-street parking facilities, or those required as accessory to a proposed or altered building or use, shall not be used for automobile service or repair, and shall continue unobstructed in operation and shall not be reduced below required size or number as long as the main building use remains, unless an equivalent number of spaces is provided for such facilities in another location. (Ord. 43-1996. Passed 2-11-97.)
1141.05 MEASUREMENT STANDARDS.
(a) Parking Space Dimensions. An off-street parking space shall have minimum rectangular dimensions of not less than nine feet in width and nineteen feet in length for ninety degree parking, nine feet in width and twenty-three feet in length for parallel parking, ten feet in width and nineteen feet in length for sixty degree parking, and twelve feet in width and nineteen feet in length for forty-five degree parking. All dimensions shall be exclusive of driveways, aisles, and other circulation areas. The minimum number of required off-street parking spaces is established in Section 1141.06.
(b) Driveway Circulation Aisles. The minimum width of circulation aisles shall follow the standards listed in the chart below. All spaces shall provide adequate access by means of circulation aisles or maneuvering lanes. Backing directly onto a street shall be prohibited. All circulation aisles shall permit only one-way traffic movement, except that the ninety degree pattern may permit two-way movement.
 |
OFF-STREET PARKING
MINIMUM OFF-STREET PARKING DIMENSIONAL TABLE | ||||
45º | 60º | 90º | Parallel | |
A Width of Parking Space |
12' |
10' |
9' |
9' |
B Length of Parking Space |
19' |
19' |
19' |
23' |
C Width of Driveway Aisle |
13' |
17' 6" |
25' |
12' |
(Ord. 43-1996. Passed 2-11-97.)
1141.06 SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES.
BUILDING OR USE | REQUIRED MINIMUM PARKING SPACE |
Residential | |
(a) One-family dwelling | 2 spaces per dwelling unit, enclosed |
(b) Two-family dwelling | 2 spaces per dwelling unit, enclosed |
(c) Rooming, rented rooms | 1 space per each roomer, plus 1 space for dwelling unit of resident family, minimum of 2 space enclosed |
(d) Multi-family dwelling | 2-1/2 spaces per dwelling unit, 1-1/2 of which shall be enclosed. |
Institutions | |
(e) Hospitals | 1 space per 2 beds |
(f) Libraries, museums, art galleries, places for public assembly | 1 space per each employee plus 1 space for each 6 seats in assembly rooms |
(g) Places of worship | 1 space per each 4 seats in principal assembly rooms |
(h) Public buildings, municipal and educational | 1 space per each full-time employee plus 1 space for each 4 seats in assembly rooms (Ord. 21-1963. Passed 7-9-63.) |
Amusements and Assembly | |
(i) Theaters, lodge halls, assembly rooms, arenas, stadium and and other auditoriums (including those in schools, etc.) | 1 space per 2 seats in building (Ord. 9-1975. Passed 4-8-75.) |
(j) Skating rinks, swimming pools | 1 space per 50 sq. ft. of area used for skating or swimming |
(k) Bowling alley | 6 spaces per alley |
Business | |
(l) Hotels, motels, etc. | 1 space per guest room plus 5 spaces, or 1.2 spaces per guest room, whichever is larger |
(m) Clinics, medical and dental offices | 1 space per 150 square feet of floor area |
(n) Retail stores, banks, other office buildings, service establishments | 1 space per 200 sq. ft. floor area |
(o) Eating places, bars, taverns | 1 space per 50 sq. ft. floor area or 1 space for each 2 seats, whichever requires the greater number of spaces; in either case add 10 spaces to the greater. |
(p) Nurseries, greenhouses, and related outdoor horticultural sales | 1 space for every 2,500 square feet of lot area used for greenhouse, outdoor storage, display or sales, plus 1 parking space per 200 square feet of indoor sales and display area, and 1 parking space for every motor vehicle customarily used in the operation of the use. |
Park--Commercial--Light Manufacturing | |
(q) Machine shops, manufacturing and printing plants, laboratories and similar establishment | 1 space for 90% of the employees scheduled for the largest shift plus one space for each company vehicle operating from the premises |
Permitted Uses in the Recreation and Residential
Development District
(r) For a permitted use allowed in the recreation and residential development district, the off-street parking standards contained within Section 1124.08 of these regulations shall apply.
Other Buildings or Uses
(s) For a specific building or use not scheduled above, the Planning and Zoning Commission shall apply the unit or measurement of the above schedule deemed to be most similar to the proposed building or use.
Handicap and visitor Parking
(t) In additional to the aforementioned requirements for all nonresidential off street parking areas, accessible parking spaces shall be included in accordance with the following schedule:
TOTAL PARKING IN LOT | REQUIRED MINIMUM NUMBER OF ACCESSIBLE SPACES |
1 TO 50 | 2 |
51 TO 100 | 4 |
101 TO 200 | 6 |
201 TO 400 | 8 |
401 AND OVER | 2 PERCENT OF TOTAL |
One in every eight accessible spaces but not less than one, shall be served by an access aisle 96 in. (2440 MM) wide minimum and shall be designated “van accessible”.
(u) In addition to parking requirements for all non-residential off-street parking areas, Planning and Zoning Commission shall make a determination of the number of visitor parking spaces required, taking into consideration the specific building or use of the property.
(Ord. 43-1996. Passed 2-11-97.)
1141.07 SEPARATE OR COMBINED USE OF FACILITIES.
A building containing one use shall provide the off-street parking spaces as required for the specific use. A building or group of buildings containing two or more uses, operating normally during the same hours, and which have different off-street requirements, shall provide spaces for not less than the sum of the spaces required for each use. However, where there is a combined use of facilities, there shall be a contract covering a period of time as may be required by the Commission, and provided, further, should either of the combined uses be changed or the parking facilities discontinued, then the required spaces for the use or uses remaining shall be provided elsewhere as a condition precedent to the continued use of such remaining building or buildings. (Ord. 43-1996. Passed 2-11-97.)
1141.08 PARKING OF COMMERCIAL VEHICLES.
(a) No person shall keep, park, store or allow to be kept, parked or stored overnight any commercial vehicle or truck, as herein defined, in a U-1, U-2, U-3 use district, except as otherwise permitted herein. This section shall not, however, prohibit the following uses of commercial trucks in such districts:
(1) Trucks making bona fide deliveries to, or pickups from, the premises where they are parked, but only for so long a time as is reasonably necessary to make such deliveries or pickups;
(2) Vehicles necessarily used in connection with the legal construction, altering, repairing, removal or demolition of buildings, appurtenances and roads for such time as is reasonably necessary to perform such work;
(3) Farm vehicles bearing either current farm license plates issued by the State of Ohio, or vehicles used exclusively for proper agriculture purposes upon the premises;
(4) Vehicles used by, or on behalf of, the Municipality or any other governmental body;
(5) In Class U-3 District, vehicles necessarily and customarily incident to the operation of any apartment house, hotel or motel situated on the premises;
(6) On any lot in a U-1 or U-2 Use District, not more than one commercial vehicle or one truck, not exceeding one ton in rated capacity each, may be parked in a covered and closed garage or otherwise entirely out of sight of any adjacent property only in an area designated or permitted in Highland Heights Code Section 1141.09 which pertains to locations of parking facilities, provided the trucks or commercial vehicles are used solely by the owner(s) or occupant(s) of the premises.
(b) For purposes of this chapter commercial vehicles shall mean any automobile, van, pick-up truck, sport utility vehicle, or similar vehicle that is used for commercial, business or manufacturing purposes that is more than one ton in rated capacity and bears any one, or more of the following: mounted equipment, signs, racks carrying equipment, tools, ladders, lettering, commercial license plates, building material and similar items.
(c) For purposes of this chapter trucks shall include any vehicle with a rated capacity in excess of one ton, or any tractor, semi-trailer, bus trailer, pole trailer, moving van or dump truck.
(d) Commercial vehicles shall also include any pick up truck with a rated capacity of one ton or less, van, or sport utility vehicle that is used for commercial, business, or manufacturing purposes and bears any one or more of the following: mounted equipment, signs, racks carrying equipment, tools, ladders, lettering, building material and/or similar items. However, the vehicles set forth in this subsection may be parked in a U-1, U-2, or U-3 use district in accordance with Section 1141.09 if the owner or occupant covers the lettering, signage or other commercial indicia in a manner acceptable to the Building Department and/or removes any and all equipment, tools, ladders and similar items from the vehicle while parking overnight.
(e) Should the Building Commissioner find that the owner(s), or occupant(s) of any building or premises or part thereof is in violation of this section or who otherwise parks, stores, or keeps any vehicle upon any residential premises, including Class U-1, Class U-2, and Class U-3 Use Districts, in violation of this section, a Notice of Intention to Prosecute shall be sent by the Building Commissioner to the property owner(s) not less than three (3) calendar days prior to the issuance of a misdemeanor complaint. No Complaint shall be issued in the event the cause of the violation is removed within said three (3) day period.
(f) Whoever violates any provision of this section, fails to comply with any lawful order issued by the Building Department pursuant thereto, or remove said violation within the time prescribed in the notice pursuant to subsection (e) above shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00), for each day or fraction thereof, during which noncompliance or a violation continues after expiration of the period prescribed in such notice from subsection (e) above for a first offense. Whoever shall be convicted of a violation of any provision of this section for a second subsequent offense within a period of one year from the date of the next prior conviction shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than thirty days, or both. Each day of violation, or fraction thereof, shall constitute a separate offense.
(Ord. 11-2004. Passed 5-25-04.)
1141.09 LOCATION OF PARKING FACILITIES.
(a) Residential Buildings. Accessory parking facilities shall be located on the same lot as the building served. Parking in a required front, rear or side yard shall be limited to driveways and driveway turnarounds as permitted by Sections 1123.05(a) and 1123.19(e). All other parking in required front, rear or side yards is prohibited. No other permanent, open facilities for parking shall be located within the required front or side yards, or where building is not permitted. Group parking facilities in multi-family districts shall be provided near each dwelling unit.
(b) Institutional, Amusement and Assembly Buildings. Accessory parking facilities shall be provided on the same lot as building served; however, where no such adjacent land is available, then the nearest point of the lot shall be located within a walking distance of 150 feet of such building.
(c) Business Buildings. Accessory parking facilities shall be located on the same lot or adjacent to the building served in a Business or Automobile Parking District; however, where no such adjacent land is available, the nearest point of the lot shall be located within a walking distance of 200 feet of such building, but not across a major thoroughfare.
(d) Commercial-Manufacturing Building. Accessory parking facilities shall be located on the same lot as the main use in a Commercial-Manufacturing District; however, where no such adjacent land is available, the nearest point of the lot shall be located within a walking distance of 200 feet of such use. (Ord. 43-1996. Passed 2-11-97.)
1141.10 ACCESSWAYS TO PARKING AREAS.
(a) The location and width of entrance and exit driveways to accessory parking facilities (except for one-family and two-family dwellings) shall be planned in such a manner as to interfere as little as possible with the use of adjacent streets. Such access driveways shall be not less than seventy-five feet measured along the curb line from the center line of the intersecting street.
(b) Access to the streets shall be controlled in the interest of public safety and to maintain the designed capacity of the street system. The property abutting on Wilson Mills Road shall be planned and developed so that the first access street or driveway onto Wilson Mills Road shall be not less than 600 feet from the outermost ramp terminal right-of-way intersection within the Wilson Mills Road right of way, and the successive access points shall be spaced at intervals not less than 150 feet on center. These objectives may be accomplished by marginal service roads, parallel service roads, or combining access of several developments.
(c) To further carry out the above interests and purposes on other major streets, the Commission may require that accessways shall be spaced at intervals of not less than 150 feet on center. Common accessways for two or more developments shall be provided in order to meet these requirements for developments that cannot comply otherwise. Each use or grouping of uses on a lot shall have not more than two accessways to any street unless the frontage exceeds 600 feet.
(d) The location and width of any entrance and exit accessways, on local or collector streets, shall be planned and constructed so that the center line of any accessway serving a corner lot shall be at least one hundred feet from the right-of-way line of the nearest intersecting street. Accessways serving interior lots shall be spaced at not less than 150-foot intervals measured from the center line of the accessways.
(e) Parking areas of fifteen spaces or less shall have at least one single-lane driveway and shall be designed so that vehicles can be driven forward into the street; those having sixteen or more spaces shall have two single-lane accessways, if possible, or at least one two-lane driveway.
(f) All entrances and exits shall be limited to not more than four lanes. The width of such entrances and exits, measured at the right-of-way lane, shall conform to the following schedule:
Width of Accessway | ||
Min. Ft. | Max. Ft. | |
One-lane | 11 | 14 |
Two-lane | 22 | 28 |
Three-lane | 33 | 40 |
Four-lane | 44 | 52 |
(g) The radius of the edge of the apron of any accessway shall be at least twenty feet so that a car may enter or leave the curb lane without obstructing vehicles in other traffic lanes. The minimum radius of the edge of the apron of any accessway to be used for truck traffic shall be at least thirty-five feet. The maximum curb cut shall be limited to the width of the accessway plus the radius of the apron.
(h) All uses shall provide adequate visibility to avoid traffic hazards at points of access to public streets as required by the current code. (Ord. 27-1999. Passed 10-12-99.)
1141.11 SURFACE IMPROVEMENTS OF CERTAIN ROADS; PARKING AREAS.
(a) All industrial roads, interior marginal service roads and controlled accessways shall be of reinforced concrete and comply with design standards as contained in the City Subdivision Regulations.
(b) All parking facilities shall be of asphalt or concrete surface with adequate drainage so they will not cause injury to adjacent properties. Concrete curbs, at least six inches high, shall be provided in order to define parking spaces or limits of paved areas.
(Ord. 43-1996. Passed 2-11-97.)
1141.12 SCREENING AND LANDSCAPING REQUIREMENTS.
(a) Screening When Parking Areas, Circulation Aisles, Loading Areas, and Driveways Abut Residential Properties. When a parking area, circulation aisle, loading area, or driveway of a retail business, industrial, office or multi-family use abuts a residential district or use, the property owner of the parking area shall provide on his or her property bumper guards or curbs placed on the aforesaid parking, loading, circulation or driveway facilities, and the area between these facilities and the residential lot lines shall be landscaped. The location and type of structural or landscape features, such as bumper guards, curbs, walls, fences, shrubs, ground cover or hedges, shall be approved by the Commission and Council. The Commission and Council shall not approve, however, unless walls and fences or other solid visual screening is not less than five feet nor more than seven feet in height.
Shrubs, ground cover and hedges should only be permitted when the landscaping plan shows that the planting of such density and heights will effectively screen the visual evidence of the parking area from adjacent residences, and such screening shall be not less than five feet in height when planted.
(b) Perimeter Planting. A continuous landscaped strip of evergreen shrubs planted at intervals of not more than five feet on centers and at initial height of at least two feet shall be provided and maintained along any side of a multi-family residential, commercial or industrial parking area which is located in a required yard abutting a public road. The Commission may permit alternative forms of planting if it determines that the required planting is either infeasible or not in keeping with an area’s character.
(c) Interior Landscaping. Any single parking area with fifty or more spaces shall utilize at least five percent (5%) of its area for landscaping designed to interrupt the expanse of paved surface. Within such parking areas, landscaped islands shall be provided so that no row of parking exceeds twelve spaces in length.
(d) Occupancy permits shall not be granted until all of the above required barriers and screens are planted or erected in compliance herewith. Screening, landscaping and other required barriers shall be maintained in good order at all times, and no planting, except trees, shall be permitted to grow in excess of seven feet in height.
(e) Permitted Forms of Screening.
(1) A landscaped earthen berm;
(2) A wall or fence as compatible with the character of the area in which the wall is to be placed;
(3) A compact hedge or a combination of evergreen and deciduous vegetation;
(4) A combination thereof.
(f) Berming. Berms used for screening shall be a minimum of two feet high at all points. Slopes for earthen faces shall not exceed thirty-three percent (33%) if any portion is covered with grass and fifty percent (50%) if covered with other vegetative cover.
(Ord. 27-1999. Passed 10-13-99.)
1141.13 ILLUMINATION OF PARKING AREAS.
Commercial, industrial, institutional and multi-family residential parking areas shall be thoroughly illuminated whenever the public street lights are lit and when the buildings served are in operation. Such illumination shall be so designed and located that light sources shall be shielded from adjoining residential districts and streets in accordance with the following: at the parking lot pavement the illumination shall be not less than 0.2 foot candles and the maximum lighting level shall be not more than four foot candles. The lighting fixtures shall not be aimed in excess of a thirty degree angle from the vertical. Flickering, moving or intermittent illumination shall not be permitted. (Ord. 43-1996. Passed 2-11-97.)
1141.14 OFF-STREET LOADING SPACE.
(a) Off-street loading or unloading facilities shall be provided, in addition to off- street parking, for all business, commercial or manufacturing buildings hereafter erected or all business, commercial or manufacturing buildings hereafter erected or altered to such uses. Such facilities when alongside a building or alley shall be located so that a standing truck, loading or unloading, of a size generally serving such purpose will not interfere with vehicular or pedestrian traffic.
(b) At least one off-street loading space shall be provided for each 20,000 square feet of gross floor area, or fraction thereof, of manufacturing, storage, wholesale or retail buildings and shall be maintained as long as such building is occupied or unless an equivalent number of spaces is provided in conformance with these requirements.
(Ord. 43-1996. Passed 2-11-97.)
1141.15 DESIGN PLANS.
(a) In order to carry out the intent and purpose of this chapter, the Commission may prepare design plans for specific areas in P-C-M Districts, showing its recommendations which may include, but are not limited to, the locations and width of street right of way and pavements; the location and width of controlled accessways to major streets, interior marginal service roads, parking areas and loading areas; the minimum yard dimensions for buildings and accessory uses; permitted yard uses, and any required screening. Such design plans shall be developed in accord with the criteria set forth in this chapter and any other applicable provisions of the Zoning Code.
(b) Such plans may designate locations for temporary streets or accessways for a limited period until street or accessways will be constructed at locations to comply with the traffic control requirements of this section, provided that the granting of such temporary access facilities shall not cause extra costs to the public when permanent facilities are constructed.
After such plans are duly adopted by the Commission and Council, they shall be construed as being a part of this Zoning Code and compliance therewith required. Such temporary streets or accessways shall be constructed to standards approved by the City Engineer.
(Ord. 43-1996. Passed 2-11-97.)
1141.16 APPROVAL OF DRAWINGS.
Detailed drawings of accessory off-street parking and/or loading facilities shall be submitted by the applicant to the Commission for review and approval before an application for a building permit is granted. Such drawings shall show the number of spaces and locations, dimensions and descriptions of all features enumerated in this chapter. The Planning Commission may require structural or landscape features to be included within any proposed accessory parking and/or loading facilities. Such structural or landscape features may include bumper guards, curbs, walls, fences, trees, shrubs, ground cover and/or landscaped berms in accordance with the requirements of Section 1141.12 of these regulations.
(Ord. 43-1996. Passed 2-11-97.)
1141.17 PARKING PERMITS; PROCEDURE AND FEE.
(a) Permit Required. No person shall charge or collect any fee for the parking of automobiles or other vehicles within the City unless a permit has first been obtained, as hereinafter provided.
(b) Conditions and Limitations. No parking fee permit shall be issued, except under the following conditions:
(1) All lands on which automobiles are to be parked shall be located in one or more the following use districts:
• Automobile Parking District.
• Office Building District.
• Local Business District.
• General Business District.
(2) Charges may be made for parking facilities required to be furnished as accessory parking under any provisions of this Zoning Code, only if the establishment providing such accessory parking is of such a character that all its patrons arrive and leave at approximately the same time or times. No fees shall be charged or collected for the use of the accessory parking facilities of an establishment which experiences a continuous flow of traffic during its hours of operation.
(3) The permit applicant shall provide a minimum of 200 parking spaces.
(c) Permit Procedure. Applications for parking fee permits together with the parking permit fee as established in subsection (d) hereof shall be made in writing to the Planning and Zoning Commission, and shall contain:
(1) A scale drawing showing all lands to be included in the proposed parking facility, the location of all parking spaces to be located thereon, all adjacent streets, all contiguous properties and the owners thereof, and all buildings or structures located on such contiguous properties;
(2) An affidavit of the applicant stating the number of spaces available to be used for vehicle parking.
The Commission shall consider parking fee permit applications at a regular meeting and shall issue the permit if it finds that the application conforms to the conditions and limitations set forth in subsection (b) hereof, and if the Commission further finds that the operation of the proposed parking facility shall not have a materially detrimental effect upon neighboring properties and shall not create hazardous traffic conditions. The Commission may impose upon issuance of parking fee permits reasonable conditions to prevent detrimental effects upon neighboring properties, including without limitation, installation of special screening or landscaping and limits upon the times of the day or week when parking operations may be conducted, and may further impose such reasonable conditions as it deems necessary to prevent or minimize hazardous traffic conditions, including without limitation a requirement that the applicant furnish at his own cost and expense police or traffic control officers to supervise ingress and egress from all driveways, auxiliary driveways and from the parking facilities, the number and location of such officers to be determined by the Police Department. If the parking permit is approved by the Commission, the parking permit fee submitted by the applicant shall be forwarded to the Director of Finance together with a copy of the parking permit. Parking fee permits shall expire one year from the date of their issuance by the Commission, and unless changes in the number of parking spaces or the layout of the parking facility have been made, shall be automatically renewable from year to year upon payment of the annual parking permit fee, except under the following conditions:
The Commission shall review such parking permit application every three years starting in calendar year 1991. The Secretary of the Commission shall contact each parking permit holder not later than October 1st of the year in which the review is due. The parking permit holder shall submit to the Commission on or before November 1st of that same year all of the documents required in subsections (c)(1) and (2) hereof together with the parking permit fee as established in subsection (d) hereof. The review shall be completed on or before December 31st of that same year and shall follow the same procedure as established for the application of the original parking permit as set forth hereinabove. The Commission shall notify, in writing, at least seven days prior to such review, the Mayor and all members of Council as to the date, time and location of such meeting.
When parking variances have been granted to the applicant, the Commission shall review such parking permit every year commencing in calendar year 1991.
(d) Parking Permit Fee. The holder of a parking fee permit shall pay to the City an annual parking permit fee equal to the sum of two dollars ($2.00) for each parking space available for vehicle parking with a minimum amount of five hundred dollars ($500.00) and a maximum amount of seven hundred and fifty dollars ($750.00.)
(e) Improvements and Maintenance. All lands subject to a parking fee permit shall be improved and maintained as required in Section 1141.10 through 1141.13.
(f) Penalty. Whoever violates any provision of this section shall be subject to citation and a fine in the amount of five hundred dollars ($500.00). Each day such offense continues shall be a separate offense. (Ord. 43-1996. Passed 2-11-97.)
1141.18 LANDBANKED PARKING.
With respect to any retail, service, mixed use, industrial or multi-family dwelling, the Planning Commission may, upon finding that the number of parking spaces required by Section 1141.06 are not reasonably necessary in order to provide adequate parking for a proposed development, authorize or require a developer to provide a lesser number of actual parking spaces and to landbank the remaining spaces required by Section 1141.06 for future parking needs. The entire landbanked area shall be improved with landscape plantings as approved by the Commission. In the event a future change of use or tenancy or expansion of a use requires, in the determination of the Commission, additional actual parking, then the Commission shall require that additional actual parking spaces be provided from the previously landbanked area of the development. (Ord. 43-1996. Passed 2-11-97.)
1141.19 PEDESTRIAN AND MOTOR VEHICLE SAFETY.
To help insure the safety and convenience of motorists, pedestrians and shoppers within off-street parking and loading areas, the Planning Commission may require additional pedestrian and motor vehicle safety features within such parking and loading areas. Safety features which the Planning Commission may require to be installed include:
(a) Raised pedestrian walkways.
(b) Crosswalks.
(c) Stop signs.
(d) Motor vehicle directional arrows.
(e) Continuous landscaped strips for pedestrian only traffic.
(Ord. 43-1996. Passed 2-11-97.)
1141.20 COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT.
New construction of off-street parking areas as well as alterations of existing parking areas and access to and from off-street parking areas for multi-family residential, commercial, office, institutional, and industrial uses shall conform with the standards of the Americans with Disabilities Act (ADA), which became effective January, 1992. The law requires that all goods and service shall be made available to persons with disabilities. Copies of regulations and guidelines may be obtained from the office of the Americans with Disabilities Act, and specific information about requirements for accessible design may be obtained from the U.S. Architectural and Transportation Barrier Compliance Board.
(Ord. 43-1996. Passed 2-11-97.)
1143.01 SPECIFIC LIMITATIONS TO CONTROL.
The following schedules provide for areas and yards within the districts and uses permitted by this Zoning Code. Whenever this Zoning Code in other chapters or sections prescribes specific areas and yard requirements which are more limited than those enumerated in the following schedules, then the specific regulations shall prevail.
(Ord. 21-1963. Passed 7-9-63.)
1143.02 NONRESIDENTIAL AREA SCHEDULE.
SCHEDULE OF AREA REGULATIONS (OTHER THAN RESIDENTIAL)
District and Main Use | Minimum Lot Area (Acres) | Minimum Lot Width (Feet) | Maximum % Lot Coverage by Buildings | Minimum % Yards Landscaped |
P | (See Off-Street Parking and Loading Regulations) | |||
O-B | ||||
Offices | 1 | 150 | 25 | 25 |
Laboratories | 2 | 200 | 25 | 25 |
L-B | ||||
Offices | 1 | 150 | 25 | 20 |
Laboratories | 2 | 200 | -- | -- |
Retail Business | 5 | 300 | 25 | 20 |
G-B | ||||
L-B (see above) | ||||
Filling Station | 1 | 200 | 20 | 15(a) |
Restaurant | 2 | 200 | 20 | 20(a) |
Hotel-Motel | 4 | 300 | 30 | 20(a) |
P-C-M | ||||
Offices | 3 | 220 | 40 | 20(a) |
Laboratories | 3 | 220 | 40 | 20(a) |
Production | 3 | 220 | 40 | 20 |
Distribution | 3 | 220 | 40 | 20 |
(a) Cross check with parking requirements. (Ord. 24-1966. Passed 8-9-66.)
1143.03 NONRESIDENTIAL YARD SCHEDULE.
SCHEDULE OF YARD REGULATIONS (OTHER THAN RESIDENTIAL)
Minimum Yard Dimensions, Feet | ||||||
Front Yard, Building Line to R-O-W | Side Yards | |||||
District | Use | Lot Abuts Major Street | Lot Abuts Commercial Access Road | Lot Adjoins Residential District | Lot Adjoins or Within Nonresidential District | Rear Yards |
Parking (P) | Automobile parking | 20 | 15 | 30(d) | 5 | 10 feet, abutting nonresidential area, or (d) |
Office Building (O-B) | Offices | 75 | 65 | 3 times height of building(b) | Total of 50 with minimum of 15 on one side | 4 times height of building, or 30 feet with 5-7 ft. high solid wall |
Laboratories | 75 | 65 | 3 times height of building (b) | Total of 50 with minimum of 15 on one side | 4 times height of building, or 30 feet with 5-7 ft. high solid wall | |
Parking | 55 | 25 | 30(d) | 10 | 30 feet, or (d) | |
Loading space | ||||||
Loading door facing street | 200 | 100 | 60(c) | 15 | - | |
Loading door facing side, behind screen wall or wing wall; or facing near | 75 | 60 | 100(c) | 60 | 4 times height of building , or 50 feet with 5-7 ft. high solid wall | |
Local Business (L-B) | Offices, Laboratories, Retail business | 75 | 75 | 3 times height of building (b) | Total of 50 with minimum of 15 on one side | 4 times height of building, or 30 feet with 5-7 ft. high solid wall |
Parking | 5 | 5 | 30(d) | 10 | 10 feet (15 feet abutting residential area), or (d) | |
Loading | 75 | 60 | 30(d) | 15 | 10 feet (c), (50 feet abutting residential area with 5-7 ft. high solid wall) | |
General Business (G-B) | See Local Business (L-B) | |||||
Park-Commercial-Light Manufacturing (P-C-M) | Offices, Laboratories, Production, Distribution | 200 | 100 | 50(b) or 75(c) | Total of 50 with minimum of 15 on one side | 50(d) |
Parking | (a) | (a) | 30(b) or 50(c) | 10 | 10(d) | |
Loading | Not allowed in front yard | Not allowed in front yard | 60(b) | 25 | 25(d) | |
(Ord. 26-1968. Passed 11-12-68.)
FOOTNOTES TO 1143.03 NONRESIDENTIAL
YARD SCHEDULE
(a) Parking in the front yards of P-C-M Use Districts shall be restricted to passenger automobiles only belonging to company executives and management and to visitors. The amount of such parking space which shall be permitted in front of the main use structure and the appropriate landscape screening shall be determined by the Planning and Zoning Commission, taking into account such factors as the size of the proposed building, the main use to which such building shall be put and such other factors as the Commission shall deem pertinent.
(b) With 5-7 ft. high solid fence behind the residential lot building line and 3 ft. landscaped hedge in front of the residential lot building line.
(c) With minimum 25 ft. wide landscaped screening; the design and layout of such screening shall be subject to the approval of the Commission.
(d) With 5-7 ft. high solid fence abutting residential district.
(Ord. 20-1967. Passed 6-13-67.)
1143.04 NONRESIDENTIAL HEIGHT LIMITATION.
Height regulations are specifically enumerated for residential districts in Chapter 1123. In all other districts where buildings or other structures are permitted, the maximum height of any structure shall not exceed thirty-five feet.
(Ord. 21-1963. Passed 7-9-63.)
(Ord. 21-1963. Passed 7-9-63.)
1145.01 INTENT, PURPOSE AND SCOPE.
(a) The purposes of this chapter are to regulate all existing and proposed exterior and interior signs as defined herein within the City so as to achieve the following purposes:
(1) To protect property values;
(2) To enable the public to locate goods, services and facilities without difficulty or confusion;
(3) To protect and enhance the appearance and character of all areas of the City;
(4) To protect scenic views and the visual environment along City streets and limited access highways.
(5) To promote the health, safety and public welfare of the residents of the City.
(b) These purposes are to be accomplished through restriction of advertising to the business or use of the premises on which the sign is located and restriction of the total sign area per site. Any sign placed on premises for the purposes of identification or for advertising any activity conducted thereon shall be deemed to be accessory and incidental to the land, building or use in connection with which it is displayed. It is intended that the display of signs shall be appropriate to the land, building or use to which they are appurtenant and to be adequate, but not excessive for the intended purpose of identification or advertisement. With respect to signs advertising business uses, it is specifically intended, among other things to avoid excessive clutter among sign displays and excessive competition in their demand for public attention. It is further intended that in developed commercial areas and especially in commercial and industrial areas still to be developed that all signs within one complex be coordinated with the architecture in such a manner that the overall appearance is harmonious in color, form and proportion.
(c) It is further intended by this chapter to minimize safety hazards on streets and sidewalks by regulating the erection of signs and providing for the care or removal of insecure or improperly maintained signs. This chapter provides minimal requirements for public safety and is not to be construed to permit any sign that is not permitted by other ordinances now or hereafter in force and effect or by other legislation or regulations of any public authority; nor does this chapter repeal or amend any such legislation except as provided herein.
(Ord. 5-1995. Passed 5-9-95.)
1145.02 DEFINITIONS.
(a) As used in this chapter certain terms are defined as follows:
(1) The "area" of a sign is defined as the entire area enclosed within the geometric forms known as a square, rectangle, triangle or circle, or combinations of these geometric forms, comprising all of the display area of the sign and including all of the elements of matter displayed together with any special or differentiating background.
When elements of a sign are so organized, related and composed as to form a unit and thereby a single sign, but the elements are separated by open space, the surface area shall not be the sum of the surface areas of the elements but shall be the entire area, including open space, within the geometric form or combinations of geometric forms comprising all of the display area of the sign and including all of the elements of matter displayed together with any special or differentiating background.
The area of a sign or signs permitted for any development, establishment or lot shall be the total area of all the faces of all the signs visible to traffic proceeding in any one direction on any public way.
The poles and other structural members shall be considered as part of a sign but shall not be included in the calculations for area.
(2) "Building signs" are classified by mounting and include wall (flat and projecting), marquee and awning signs.
(3) "Bulletin board" means an announcement sign located on the lot of a public, charitable or religious institution.
(4) "Directional sign" means a sign indicating the direction traffic is intended to flow or any such instructions intended to promote safety around the premises on which such signs are located.
(5) "Display surface" means the area made available by the sign structure for the purpose of displaying the advertising message.
(6) "Fixed canopy" and "fixed awning" means any hood, canopy or awning made of cloth or with metal frames attached to a building, projecting over a public right of way and carried by a frame, supported by the ground or sidewalk.
(7) "Retractable canopy" and "retractable awning" means any hood, canopy or awning made of cloth or metal, with metal frames attached to a building, and so erected as to permit its being retracted when not in use.
(8) "Flashing" includes revolving or rotating if the effect of flashing or color-changing is produced.
(9) "Free-standing sign" means any sign which is neither attached to a building nor an integral part of a building and includes a sign attached to a steel pole, steel beam or steel column or other suitable material approved by the Building Commissioner or attached to or forming an integral part of a structure other than a building. Ground signs, pole and pylon signs fall under this general definition.
(10) “Ground sign” means a freestanding sign which has a supporting base designed as an integral part of the sign and resting totally or primarily on the ground.
(11) "Illuminated sign" means any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as part of the sign proper.
(12) "Informal sign" means a sign which is designed to give general information of special interest to the public. Such signs shall be limited to information about the location of places for lodging, eating, vehicle service, natural phenomena, historic sites, areas of natural scenic beauty or outdoor recreation facilities. Such sign, unless erected by the City, shall not be erected without prior authorization from the Planning and Zoning Commission.
(13) "Marquee sign" means a sign attached to the soffit or fascia of a marquee, to a roof over an entrance or to a permanent awning.
(14) "Mechanical sign" means any sign which is animated, revolving, moves up, down or sideways or vibrates.
(15) "Nameplate" means a sign indicating the name of the occupant, address and/or profession and located on the lot of the occupant.
(16) "Off-site sign" means a sign referring to goods or services offered at another location such as a billboard.
(17) "On-site sign" means a sign which has a direct bearing to the premises on which the sign is located.
(18) “Pole sign” means a sign which is supported wholly by a pole or poles and designed so as to permit pedestrian or vehicular traffic thereunder.
(19) "Political sign" means a sign for the purpose of endorsement, support advocacy or opposition to a candidate or candidates for political office or cause and/or issue, at any general, primary or special election on all levels of government; or a sign expressing an opinion or belief.
(20) "Projecting sign" means any sign which is attached to a building but is either not attached flat against a wall of such building or contains a display surface which is not parallel to the wall to which it is attached.
(21) “Pylon sign” means a sign whose sign face area extends from the top of the sign to within one foot of the ground. The support structure shall present one solid face per side and be at least three fourths the width of the sign face. The sign shall be at least five feet in height.
(22) "Real estate sign" means a sign pertaining to the rental, sale or lease of property on which the sign is displayed.
(23) "Roof sign" means any sign erected, constructed and maintained upon or over the roof of any building with the principal support on the roof structure.
(24) "Setback from adjacent property" means the distance from the adjacent side or rear property lines.
(25) "Setback from street" means the distance from the street right of way.
(26) "Sign" means any permanent or temporary publicly displayed notice, message, symbol, design, insignia, placard, poster or other device designed to be seen from an outdoor location and which by any means is placed, erected or constructed on or otherwise applied or attached to any premises or on any building, structure or surface, or is visibly readable through any transparent portion of a building, which is designed, intended or used to advertise, inform or direct attention to a person, institution, organization, activity, place, object or product.
(27) "Sign permit application" means an application signed by both the owner and the contractor.
(28) “Subdivision sign” means a temporary sign which identifies the name of a subdivision during the time of construction.
(29) "Temporary sign" means any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, plywood fabric, cardboard, wallboard or similar lightweight materials, with or without frames, that is intended to be displayed for a short period of time.
(30) "Time and temp device" means a device or sign used to display the time of day and/or temperature.
(31) "Wall sign" means a sign erected parallel to and integral with the surface on which it is mounted or integral with the wall of any building.
(32) “Window sign” means a sign painted on, attached to, or suspended directly behind or in front of a window or the glass portion of a door.
(Ord. 5-1995. Passed 5-9-95.)
(33) “Digital sign” means a sign usually consisting of (or has a portion comprised of) a computer, programmable display, microprocessor or playback device connected to a large, bright digital screen such as a liquid crystal, light emitting diode, computer, plasma or similar display. This shall include electronic moving message and digital display signs that display electronic text information, electronic changeable copy, still images, graphics or pictures, with or without information.
(Ord. 7-2014. Passed 5-13-14.)
1145.03 EXCEPTIONS; GENERAL PROVISIONS.
(a) Exceptions. The regulations contained in this chapter shall not apply to the following:
(1) Identification, informational or directional signs or notices erected or required by public authority.
(2) Traffic control signs or signals erected by public authority.
(3) Integral nonilluminated decorative or architectural features of buildings, except letters or trademarks.
(4) Flags, pennants or insignia of any government, religious or educational organization that are reasonably displayed but not illuminated.
(b) Illuminated signs are prohibited in residential areas except as noted in Section 1145.04.
(c) Light sources to illuminate signs, where illumination is permitted, shall not be of excessive brightness, shall not be of a flashing, moving color, bare bulb, neon tube or intermittent type and shall be shielded from adjacent residential streets and vehicular traffic.
(d) All illuminated signs shall be constructed and installed in accordance with the standards for electric signs of the National Electrical Code and in accordance with any special wiring provisions of the City.
(e) No sign shall be erected, installed or activated without prior ground inspection by the Building Commissioner.
(Ord. 5-1995. Passed 5-9-95.)
(f) Floodlighting designs for nonresidential zoning districts and those permitted conditional uses may be permitted with the approval of the Architectural Review Board and the Planning and Zoning Commission. Subsequent to the erection of any illuminated sign, the City shall be notified of such and shall conduct an inspection of the sign in order to determine whether the illumination is appropriate or must be modified so as not to cause a nuisance. If the illumination is determined to be a nuisance, the City shall have the authority to order the modification of the illumination in order to comply with the provisions of this code.
(Ord. 44-2000. Passed 1-23-01.)
(g) No advertising signs, messages, informational or directional signs shall be painted directly on the wall of any structure.
(h) Signs established on commercial or industrial properties shall refer only to- the products sold or manufactured on the premises. Signs advertising products of other geographical areas or other items not related to the use of the premises are prohibited.
(i) No display or advertising sign shall be attached to the standard of a free-standing sign other than the display surface originally constructed as a part of such sign. The standard of the free-standing sign shall be finished in only one color. No display or advertising sign shall be attached to or painted or otherwise displayed on a light standard, flag pole, fence, wall, post or other structure or to any portable supporting device except as specifically authorized by this chapter.
(Ord. 5-1995. Passed 5-9-95.)
(j) Not more than three colors may be used on the sign or signs of any one building. For purposes of this chapter, black and white shall not be considered colors. Colored light of indirect lighting shall be considered as one of the allowed colors. (Ord. 16-2001. Passed 5-8-01.)
(k) No sign shall be erected, relocated or maintained as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape.
(l) No signs shall be so located, designed or illuminated as to materially impede visibility of users of street, sidewalks or access ways to private property nor be so located, designed or illuminated as to be likely to obscure or distract the view of, or be confused with, because of color, any traffic control sign or signal; nor use the words "stop", "look", "drive-in", "danger" or any other word in such manner as is likely to interfere with, mislead or confuse traffic.
(m) A permit shall be obtained for any permanent sign in excess of two square feet in a residential district.
(n) No sign shall be erected, converted, enlarged, reconstructed, structurally altered or arranged for any purposes other than in accordance with the provisions of this chapter. A sign which was erected before the adoption of this section shall not be rebuilt or relocated without conforming to the provisions of this chapter.
(o) No private signs shall be affixed to any pole installed by the City or any public utility nor shall they be attached to any tree.
(p) Roof signs are prohibited on any structure within the City.
(q) Anchored advertising balloons and searchlights shall be prohibited anywhere within the City.
(r) Free-standing signs shall only be erected on the property of the location or place of business which is identified by the copy or reading matter appearing on the sign face.
(s) Office buildings occupied by a single occupant who carries on more than one activity within the building, or contains two or more activities carried on by different occupants shall be limited to only one sign displayed in accordance with Sections 1145.03, 1145.06(f) and all other pertinent sections of this chapter.
(t) Pole signs are prohibited in all zoning districts within the City.
(Ord. 5-1995. Passed 5-9-95.)
(u) Digital signs are prohibited in all zoning districts within the City.
(Ord. 7-2014. Passed 5-13-14.)
1145.04 RESIDENTIAL DISTRICT SIGNS.
The following types, sizes and numbers of signs are permitted for each dwelling or lot in residential districts (U-1, U-2 and U-3):
(a) Name Plates and Numbers.
(1) One name plate indicating occupant's name, house number and/or home occupation, neatly lettered, not exceeding one and one-half square feet in area and not over two and one-half feet high, located in the yard and set back not less than eight feet from the street right of way or twenty feet from the edge of the pavement, whichever is the greater and not less than fifteen feet from any side or rear lot line.
(2) One such name plate, not exceeding two square feet, located on the house. The top of the sign shall not exceed the top of the first floor windows.
(3) This section does not apply to name plates on residential mailboxes.
(b) Directional. One directional or "no trespassing" sign not exceeding one square foot in area, and not over two feet high located in the yard and set back eight feet from the street right of way or twenty feet from the edge of the pavement, whichever is the greater, and not less than fifteen feet from any side or rear lot line.
(c) Real Estate Signs. One "for sale" or "to rent" sign pertaining to either the prospective sale or rental of property on which located, not exceeding six square feet in total area, not over four feet in height from the ground and located twenty-five feet from the street right of way or forty feet from the edge of the pavement, whichever is greater, and not less than thirty feet from any side or rear lot line. Such signs shall be removed within ten days after the completion of the transaction. (Ord. 18-2010. Passed 10-12-10.)
(d) Church and Institutional Bulletin Boards and Announcement Signs. One bulletin board or announcement sign not exceeding thirty-two square feet in total area or six feet in height may be located on the premises of a public, charitable or religious institution, at a site at least fifteen feet back from the street right of way or thirty feet from the edge of the pavement, whichever is the greater, and not less than fifteen feet from side or rear lot lines. Such type signs may be illuminated.
(Ord. 22-2020. Passed 7-28-20.)
(e) Subdivision Signs. One subdivision sign, if located not less than fifty feet from any occupied residence and set back not less than fifty feet from any street right of way, may exceed the sign area described in subsection (c) hereof but shall not exceed forty-eight square feet in total area and nine feet in height, provided a permit for same is first obtained from the Building Commissioner upon the payment of the required permit fee provided for in this chapter. Permits for such signs shall be for a period not exceeding one year; however, such permits may be renewed annually until such time as the development is sixty percent (60%) complete in the area immediately adjacent to or fronting on the street where such sign is located.
(f) Picnic Signs. Picnic signs may be permitted for one day only, provided a permit is secured prior to posting.
(Ord. 5-1995. Passed 5-9-95.)
(Ord. 5-1995. Passed 5-9-95.)
(g) EDITOR’S NOTE: Former subsection (g) hereof was repealed by Ordinance 35- 2004, passed November 23, 2004. (Ord. 5-1995. Passed 5-9-95.)
(h) Construction Signs. One construction sign bearing the name of the contractor and/or subcontractors shall be permitted on the parcel of land being improved. No such sign shall exceed six square feet in total area. The height of such sign shall not exceed four feet from ground level and shall be located a minimum of thirty feet from the street right of way and a minimum of thirty-five feet from side or rear lot lines. Such signs shall only be permitted for a period of six months, but can be renewed while construction is actively continued. There will be no fee for construction signs in a residential district. Construction signs for home remodeling, home renovation or home improvements are permitted as follows:
(1) The sign shall not exceed six square feet in total area.
(2) The sign shall not be placed in the City right of way or on any type of pole.
(3) The sign shall only be erected during the construction period. The sign must be removed when construction has been completed.
(Ord. 18-2010. Passed 10-12-10.)
(i) Building Identification Signs. In U-3 zoned districts, two building identification signs per building unit are permitted. Each sign shall be limited in area to two square feet.
(j) Special Display Lighting. Holiday and religious display lighting having light bulbs of less than fifteen watts per bulb may be exempted from the flashing and shielding regulations of Section 1145.03(b), provided that the flashing mechanism does not flash any more than five lamps in unison. Use of such displays shall also be limited to thirty days time before and fifteen days after the event or holiday to which it pertains.
(Ord. 5-1995. Passed 5-9-95.)
1145.05 TOTAL PERMISSIBLE SIGN AREA.
The total permissible sign areas for any lots in Business, Commercial and Light Manufacturing Districts are determined by the setback distance of the main building from the street right of way as follows:
(a) For seventy-five feet setback or less, the total permissible sign area shall not exceed one square foot for each lineal foot of building frontage with a maximum area not to exceed seventy-five square feet.
(b) For setbacks in excess of seventy-five feet to 150 feet, the total permissible sign area shall not exceed one and one-half square feet for each foot of building frontage with a maximum area not to exceed 150 square feet.
(Ord. 5-1995. Passed 5-9-95.)
(c) For setbacks in excess of 150 feet, the total permissible sign area shall not exceed two square feet for each lineal foot of building store frontage. with a maximum area not to exceed 300 square feet.
(Ord. 22-2020. Passed 7-28-20.)
1145.06 BUSINESS DISTRICT SIGNS.
The following types, sizes and number of signs are permitted for each parcel in Business Districts (O-B, L-B and G-B) provided that appropriate sign permits have been issued.
(a) Residential Type Signs. Signs of the type described and as regulated in Section 1145.04 which are applicable to Business Districts.
(b) Building Wall Signs. Every such sign shall either be attached parallel to a wall of a building or be so constructed as to be an integral part of a wall of a building; shall not be attached to or project from the roof of a building; shall not extend beyond the top or end of the wall to which it is attached or of which it forms an integral part; shall not project more than eighteen inches (open space between building wall and back of sign) from a wall to which it is attached or from the wall of which it forms an integral part.
The following sign letter heights shall apply to all wall signs:
(1) For buildings with up to a seventy-five foot setback, the lettering shall not exceed twelve inches in height.
(2) For seventy-five plus feet to 150 feet setback, lettering shall not exceed twenty-four inches in height.
(3) For building setbacks in excess of 150 feet, lettering shall not exceed forty-eight inches in height.
(c) Marquee and Awning Signs. Such signs can only be attached to marquees and awnings which have been erected in conformance with the Building Code. Such signs shall exhibit only the name of the company, building or business and shall not face contiguous properties. In addition, signs shall be completely within the borderline of the marquee outer vertical surface where possible but in no instance shall the height of the lettering exceed twelve inches. Such signs shall in no instance be lower than ten feet above any automobile or pedestrian right-of-way. For this purpose, a continuous entrance roof shall be classified as a marquee and the above regulations shall apply.
(d) Window Signs. Only displays or signs pertaining directly to the business on the premises shall be allowed to be displayed in a window for exterior viewing providing such signs do not cover more than twenty-five percent (25%) of the area of the window, do not remain on display in excess of ten days and do not face contiguous properties.
(e) Projecting Signs. Buildings with a setback of at least forty feet from the street right of way on which it fronts shall be allowed to have a single projecting sign attached to the wall fronting on the public street and shall project at an angle not less than ninety degrees from the wall. Such signs shall be limited to a maximum of sixteen square feet in total area, shall not be located less than ten feet nor more than fourteen feet above grade and shall be securely attached to the building in a manner approved by the Building Commissioner. In addition, any face of a projecting sign shall not be less than five feet from a side lot line or party wall of another store unit. If a building is located on a lot which has two or more frontages on public streets and such frontages meet the approved setback distance then additional projecting signs as herein described shall be permitted for each such frontages but the sign area permitted by reason of multiple frontages shall not be aggregated so as to increase the total permitted area per parcel as listed in Section 1145.05.
(Ord. 5-1995. Passed 5-9-95.)
(f) Free-Standing Signs. One such sign advertising the name of the establishment or a product or a service shall be permitted for a single occupancy parcel. For a multi-tenant parcel where more than one business establishment is located on a single tract of land having an entrance or entrances or parking area or areas in common for the customers of such establishments, only one free-standing sign shall be authorized for the entire tract. The intent of this provision is to limit each shopping center, office building or similar joint operation to one free-standing sign to promote uniformity and to prevent visual pollution caused by a clutter of disharmonious signs. However, if a shopping center, office building or similar joint operation is contiguous to two major streets which provide a frontage for some of the establishments, then one free-standing sign for each street may be authorized.
The regulations for each specific type of free-standing sign are as follows:
(Ord. 44-2000. Passed 1-23-01.)
(1) Ground signs.
A. No person shall erect any ground sign whose total height is greater than seven feet above ground level. Such signs shall be located not less than fifteen feet from the street right of way and shall not exceed thirty-two square feet in area.’
(Ord. 22-2020. Passed 7-28-20.)
B. The base of all permanent ground signs shall be landscaped and the landscape materials and design shall be approved by the Planning and Zoning Commission.
C. All ground signs and premises surrounding the same shall be maintained by the owner thereof in a clean, sanitary and inoffensive condition, and free and clear of all obnoxious substance, rubbish and weeds.
(Ord. 44-2000. Passed 1-23-01.)
(2) The following general regulations apply to all types of free-standing signs:
A. All such signs of the free-standing type shall be considered as accessory to the main building signs and as such shall be included in the total aggregate sign area allowed per parcel or lot as so noted in Section 1145.05.
B. Any such free-standing sign shall contain not more than two display surfaces.
C. The faces of all such free-standing signs shall be at right angles to traffic on the roadway.
D. The same side yard line restrictions as those which apply to the main building structure shall apply except that no sign shall be closer than twenty-five feet to any adjacent property line within a business district and no closer than seventy-five feet to a residential zoning district line.
E. Directional signs which facilitate the flow of traffic are permitted at all ingresses and egresses to parking facilities provided on any parcel. Such signs shall be limited to three square feet in area for each sign and limited to a maximum height of four feet. The same location regulations as noted in Section 1145.04(b) shall apply. In addition, all directional signs shall be of a permanent construction and shall be approved by the Planning and Zoning Commission in terms of their location, design, style, color and materials.
(g) Multiple Frontage Buildings.
(1) If a building is located on a lot which has two or more frontages on a street of a Park-Commercial-Manufacturing or Business Zoning District and such frontages meet the approved set back distances, the attention signs as described in this section shall be permitted for each such frontage, but the sign area permitted by reason of multiple frontages shall not be aggregated so as to increase the total permitted area per parcel as listed in Section 1145.05.
(2) For the purpose of this section, "frontage" means property abutting, adjacent to, or contiguous with the street of a Park-Commercial-Manufacturing or Business District. Frontage specifically excludes property abutting, adjacent to or contiguous with a limited-access highway.
(Ord. 5-1995. Passed 5-9-95.)
(h) Multi-Tenant on Same Parcel. Where two or more adjacent stores on the same parcel have a similar or continuous marquee, canopy, permanent awning or building face, all signs shall be substantially similar in design and color. All signs shall be limited to three colors. For purposes of this section, white and black shall not be considered colors.
(Ord. 17-2001. Passed 5-8-01.)
(i) Real Estate Signs.
(1) One (1) for sale sign shall be permitted for a maximum of one (1) year or be removed within ten (10) days of completion of transaction whichever comes first.
(2) No person shall erect any sign attached to a building which has a height greater than six (6) feet above grade level and shall not exceed sixteen (16) square feet in area.
(3) No person shall erect any ground sign which has a total height that is greater than six (6) feet above grade level and shall not exceed thirty two (32) square feet in area. Such signs shall be located not less than fifteen (15) feet from a side yard. No sign shall be placed in a right of way and said sign must be a minimum of fifteen (15) feet from the street. The face of a freestanding sign shall be at a right angle to the traffic on the roadway.
(4) The Building Commissioner shall approve all for sale signs prior to the issuance of a building permit.
(5) Signs may have up to three (3) colors which black and white are not considered colors.
(j) Commercial for Lease and Rent Signs.
(1) One (1) for lease or rent signs shall be permitted for a period of six (6) months. The Building Commissioner may grant an extension for a second six (6) months, upon request and approval, on forms provided by the Building Commissioner.
(2) No person shall erect any sign attached to a building where the sign height is greater than six (6) feet from grade level and shall not exceed eight (8) square feet in area.
(3) No person shall place a sign in any existing window that exceeds twenty- five percent (25%) of the total window space.
(4) No person shall erect any ground sign whose total height is greater than six (6) feet above grade level and shall not exceed eight (8) square feet in total area. Such signs shall be located not less than fifteen (15) feet from the street right of way, and not less than twenty five (25) feet from the side setback. The face of a freestanding sign shall be at a right angle to the traffic on the roadway.
(5) The Building Commissioner shall approve all for lease or rent signs prior to the issuance of a building permit.
(6) Signs may have up to three (3) colors, black and white shall not be considered colors.
(Ord. 18-2010. Passed 10-12-10.)
1145.07 PARK-COMMERCIAL-MANUFACTURING DISTRICT SIGNS.
The following types, sizes and numbers of signs are permitted for each parcel in a Park-Commercial-Manufacturing District:
(b) Window signs are prohibited.
(c) A pylon sign is to be considered a special category, free-standing sign and as such shall be located at a minimum forty feet setback from the street right-of-way but may have an area of fifty square feet. Such signs shall not exceed a maximum height of fifteen feet. In addition, no pylon sign shall be erected until the excavation for foundation and foundation itself have been approved by the Building Commissioner. Pylon signs are prohibited on parcels of less than five acres.
(Ord. 5-1995. Passed 5-9-95.)
1145.08 OTHER DISTRICT SIGNS .
The following types, sizes and numbers of signs are permitted for each parcel in other zoning districts (M-S and P):
(a) Any business, such as but not limited to, automotive service stations, found by the administrative official to constitute primarily a use of open land may erect and maintain a single free-standing sign not to exceed thirty square feet in area and a total sign area related to a single premise not to exceed sixty square feet. The total area may be increased up to 120 square feet if a station or business abuts on two major streets. However, if such a business is situated within and operated as part of an area found to be the controlling business or shopping center, it shall not warrant separate signing.
(b) For any such motel or restaurant business, the total area of sign or signs shall not exceed seventy-five square feet for any restaurant or motel building and shall not exceed 100 square feet for a combined motel and restaurant .
(c) For all other buildings in this classification, the total area of the signs shall not exceed sixty square feet for any building or one square foot for each lineal foot of frontage of the main building, whichever is the lesser.
(d) The following general regulations shall apply to all signs described in this section:
(1) Except for free-standing signs, the minimum height of the lowest member of any such sign described in this section shall be not less than eight feet above the finished grade of a pedestrian way or less than thirteen feet if over pavement used for vehicular circulation. The space under any sign, if less than the above minimum heights shall be designed and constructed so as to prevent the movement of pedestrian or vehicular traffic thereunder.
(2) The maximum height of free-standing ground and directional signs shall not exceed the regulations listed in Section 1145.06(f).
(3) The location of such free-standing signs shall be limited to not less than fifteen feet from the street right of way and not less than twenty-five feet from the side yard line and not less than seventy-five feet from a Residential District line.
(Ord. 5-1995. Passed 5-9-95.)
1145.09 TEMPORARY SIGNS .
Temporary signs, including but not limited to portable signs, vehicle-mounted signs, posters, stickers, pennants, banners and streamers, shall be permitted on premises within the City only in accordance with the following regulations:
(a) Only temporary signs shall be displayed on any lot zoned U-1, U-2 or U-3 when the size of such signs do not exceed two square feet in area.
(b) All signs or devices described in this section shall be not closer to the street right of way or side yard than the closest permitted sign in any zoning classification herein regulated by this chapter.
(c) No such sign or device shall be displayed for a period to exceed thirty consecutive days and three periods during any calendar year, and the dates of display shall be specified on both the application for such sign and on the permit.
(d) The maximum area of any such signs or devices described in this section shall be limited to forty percent (40%) of the maximum area permitted for each establishment.
(e) No temporary sign shall be illuminated.
(Ord. 5-1995. Passed 5-9-95.)
1145.10 NONCONFORMING SIGNS .
(a) A permanent sign existing lawfully at the time this section becomes effective but which does not conform with the sign regulations of the district in which it is located may be maintained and structural or electrical parts may be repaired or restored to a safe condition; otherwise a nonconforming sign shall not be altered or moved or substitution made unless it is made to conform with this chapter. If any sign or part thereof is damaged or destroyed more than fifty percent (50%) of its reproduction value or taken down, it shall not be rebuilt or relocated unless it shall be made to comply with the regulations of the district in which it is located.
(b) However, all such nonconforming signs shall be registered with the City within ninety days of the effective date of this section. Being informed of such requirement by the Building Commissioner, each property owner shall apply for and receive a twenty-four month temporary permit at no charge for continuation of the nonconforming use. Upon expiration of the twenty-four month temporary permit, the sign shall be brought into compliance or the permit may be renewed provided there are no objections from contiguous property owners and subsection (e) hereof is complied with. However, any nonconforming sign which represents a potential safety hazard such as a sign which extends over public walkways shall be corrected or removed at the expiration of the temporary permit .
(c) Failure of an owner to maintain a nonconforming sign in a safe and attractive condition shall be just cause to void any temporary permit and give the City the right to demand immediate removal of such nonconforming sign.
(d) Any temporary sign, illegally mounted sign or sign not directly related to the business on the premises in existence at the time this section becomes effective and not conforming with the regulations of this chapter shall be removed within ten days of the effective date of this section after being properly and legally informed of such regulation by the Building Commissioner.
(e) All signs rendered nonconforming by this chapter and permitted to continue may be declared public nuisances and if so declared, shall be removed, altered, or remodeled to conform to this chapter not later than six years from the effective date of this section.
(Ord. 5-1995. Passed 5-9-95.)
1145.11 ERECTION REQUIREMENTS.
This chapter shall not attempt to detail exact erection requirements for signs. However, the City does require that a qualified licensed and bonded sign contractor shall be employed to erect any permanent signs installed within the City and such signs shall be designed to withstand loading, wind pressure and weather conditions common to this area. The City and the Building Commissioner reserve the right to disapprove of any sign installation if it fails to meet any provisions of City ordinances related to the health, safety or public welfare of the City or its residents or fails to comply with applicable sections of the Building Code.
(Ord. 5-1995. Passed 5-9-95.)
1145.12 MAINTENANCE.
It shall be the duty of the owner of any lot on which a sign is located to maintain such sign in a condition of fitness for the designed use and in the designed manner and in a good state of repair. This duty shall apply with respect to any sign including signs for which a permit is not required and including also signs presently existing whether they be conforming or nonconforming.
Signs shall be removed by the property owner when the sign advertises a business or use no longer existing.
The Building Commissioner shall determine whether or not the sign is being properly maintained. (Ord. 5-1995. Passed 5-9-95.)
1145.13 SIGN PERMIT REQUIREMENTS.
(a) No display sign whether permanent or temporary shall hereafter be erected, constructed or maintained within the City by any persons, firm or corporation until a permit for the same has been issued by the Building Commissioner. The application for such permit shall be furnished by the Building Commissioner and shall include the following information:
(1) Name, address and telephone number of the applicant;
(2) Location of building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected;
(3) Position of the sign or other advertising structure in relation to nearby buildings or structures, side lot lines and streets by means of a plat map;
(4) Two scale drawings of the plans and specifications, color and method of construction and attachment to the building or in the ground;
(5) Name of person, firm, corporation or association erecting such sign(s) and evidence that the sign erector is qualified, licensed, bonded and insured;
(6) Written consent of the owner of the building, structure or land to which or on which the sign is to be erected if the applicant for such sign is a tenant and not the owner;
(7) Any required electrical permit has been issued for such sign; and
(8) Such other information as the Building Commissioner may require to show full compliance with this and all other laws and ordinances of the City.
(b) A determination shall be made by the Planning and Zoning Commission as to the necessity for a free-standing sign to the conduct of the business, profession or commercial activity on the site in deference to or in addition to an attached sign prior to issuance of a permit.
(c) The applicant may appeal from an adverse decision by the Building Commissioner to the Commission by standard procedures of filing an application for a variance and requesting a hearing as provided in Chapter 1113.
(Ord. 5-1995. Passed 5-9-95.)
1145.14 EXCEPTIONS.
The following exceptions from the regulations set forth in this chapter shall be allowed:
(a) In residentially zoned districts, the property owner may erect a sign not exceeding two square feet without filing an application providing sign location restrictions are adhered to by the property owner.
(b) For signs larger than two square feet but conforming to the regulations of Section 1145.04 for residentially zoned districts, the homeowner need not have a permit but shall file a notice of intent with the Building Commissioner. This exception does not apply to developers, contractors or builder's signs in residentially zoned districts.
(c) Signs erected by property owners in commercially zoned districts which are classified by the Planning and Zoning Commission as directional signs to aid the flow of traffic and do not exceed the area limitations, mounting heights and quantities as regulated by the section for the specific district in which the property is located and do not carry a commercial message shall not be included in the total permitted sign area allowed for that respective property or building.
(Ord. 5-1995. Passed 5-9-95.)
(Ord. 5-1995. Passed 5-9-95.)
1145.15 ENFORCEMENT.
(a) The provisions of this chapter shall be enforced by the Building Commissioner.
(b) If the Building Commissioner finds that any firm, business or person has failed to comply with the regulations of this chapter in regards to temporary, permanent or nonconforming signs, he shall give immediate written notice to the firm, business or person for whom the sign was erected or to the property owner of the vacated premises upon which such sign is located. If the firm, business or person fails to remove, dismantle or maintain the sign so as to comply with the provisions of this chapter within ten days after such notice, such sign shall be removed by the Building Commissioner at the expense of such person, business or firm.
(c) The Building Commissioner may cause any sign which is of immediate peril to persons, property or erected or placed in violation with the provisions of this chapter to be summarily removed without notice at the expense of the property owner.
(Ord. 5-1995. Passed 5-9-95.)
1145.16 PERMIT FEES.
Every applicant before being granted a sign permit shall pay to the Finance Director the following permit fee for each such sign or other advertising structure regulated by this chapter:
(a) Temporary Signs. A permit fee of fifty dollars ($50.00) for all temporary signs up to and including fifty square feet in area, and for temporary signs in excess of fifty square feet an additional five dollars ($5.00) for each ten square feet increment or fraction thereof.
(b) Wall Signs. A permit fee of two dollars ($2.00) per square foot of display area of wall signs with a minimum fee of thirty dollars ($30.00) and an additional $50.00 per electric sign.
(c) Projecting Signs. A permit fee of fifty dollars ($50.00) for projecting signs and an additional $50.00 per electric sign.
(d) Marquee, Awning and Canopy Signs. A permit fee of two dollars ($2.00) per square foot of display area of marquee, awning or canopy signs with a minimum fee of fifty dollars ($50.00) and an additional $50.00 per electric sign.
(e) Free-Standing Signs. A permit fee of two dollars ($2.00) per square foot of display area of any free-standing sign with a minimum fee of fifty dollars ($50.00) and an additional $50.00 per electric sign.
(f) Other Signs. A permit fee of fifty dollars ($50.00) shall be charged for all other types of sign not specifically mentioned.
(Ord. 31-2021. Passed 11-9-21.)
1145.99 PENALTY.
Whoever places, erects, constructs, reconstructs, alters or permits to remain or fails to maintain on any premises within the City, any sign which by the provisions of this chapter is not permitted to be placed, erected, constructed, reconstructed, altered or permitted to remain or who otherwise violates any provision of this chapter, or fails to comply therewith, shall for each violation or noncompliance be deemed guilty of a misdemeanor and shall, for the first offense, be fined not more than one hundred dollars ($100.00), and for a second or subsequent offense shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred and fifty dollars ($750.00) or imprisoned not more than six months or both. Each day of any violation or failure to comply shall constitute a separate offense.
(Ord. 5-1995. Passed 5-9-95.)
1147.01 APPROVAL REQUIRED; NOTICE AND PUBLIC HEARING.
(a) All structures or parts of structures to be moved into or within the City shall require approval from the Architectural Review Board and the Planning and Zoning Commission. Any application for a permit to move a building or structure into or within the City shall designate the proposed location of the building or structure. After approval of the Board, the Commission shall set a date at which a public hearing shall be held concerning such application. The Clerk of the Commission shall notify the abutting residents (owners) and those within five building lots on both sides of the property, both sides of the street and one side of the street behind such location.
(b) In the event the proposed location is a corner lot, notification shall be given to all owners within five lots for each street forming the intersection in addition to those owners covered by previous requirements. Such notice shall be in writing and delivered by first class mail or personal service at least ten days prior to date of public hearing at which such application shall be considered.
(c) Approval of the location of the building or structure shall be based upon a specific determination that all requirements of the Codified Ordinances shall be met. Approval of the Fire Chief and City Engineer shall be submitted in writing. Further, a specific finding in writing that the structure or building, or part of structure or building shall not be injurious to the surrounding neighborhood and not contrary to the Zoning Code shall be submitted by the Commission to the Building Commissioner before a permit can be issued.
(Ord. 51-1976. Passed 11-30-76; Ord. 10-1977. Passed 3-8-77.)
1149.01 PURPOSE.
(a) Protect residential and all other environments from adverse effects, such as noise, odors and dust from more intensive adjacent uses;
(b) Protect users of parking areas from excessive wind, glare, and temperature extremes;
(c) Mitigate the adverse effects on public streets and adjacent properties of water runoff and glare from motor vehicle headlights and parking area lighting;
(d) Discourage unsafe access to and circulation within off-street parking areas;
(e) Contribute to improved community appearance and property values and preserve the character of City neighborhoods;
(f) Preserve privacy in residential areas next to nonresidential uses and discourage trespass thereupon;
(g) Provide trees that improve the urban environment by cooling the air and land, reducing carbon dioxide in the air and producing oxygen. (Ord. 28-1999. Passed 10-12-99.)
1149.02 DEFINITIONS.
(a) “Frontage strip” means a landscaped screening strip located along the length of front and corner side lot lines in an actual front or corner side yard that accommodates parking or other areas specified.
(b) “Island strip” means a landscaped area located within an off-street parking area as required to guide traffic circulation, reduce glare and temperature extremes, and improve the appearance of the parking area. (Ord. 28-1999. Passed 10-12-99.)
1149.03 TYPES OF LANDSCAPE MATERIALS.
(a) As determined by the City arborist or consulting landscape architect, all varieties of living landscape materials used shall be:
(1) Healthy, hardy and drought-resistant and consistent with the availability of water for artificial irrigation; and
(2) Suitable for the climate and environmental influences on the site, such as exposure to sun, wind, water, heat, automobile exhaust fumes, and road salts;
(3) Compatible with the slope of the site, with existing vegetation to be preserved and with utility lines above and below ground level; and
(4) Not prone to cause a nuisance within the public right of way as a result of dropping fruit or debris other than leaves.
(b) Where vulnerable to damage, materials shall be protected from pedestrian or vehicular traffic by grates, pavers or other measures. (Ord. 28-1999. Passed 10-12-99.)
1149.04 LANDSCAPE STRIP CRITERIA RANGES.
Frontage strip: 4-10 feet in width.
Island strip: 4-6 feet in width. (Ord. 28-1999. Passed 10-12-99.)
1149.05 INSTALLATION AND MAINTENANCE PROCEDURES.
(a) Installation. All living landscaping materials shall be installed in conformance with the most current procedures established by the American Association of Nurserymen or its successor organization. A permanently-installed underground irrigation system shall be provided for a required landscaped area if it is determined by the City that such irrigation is required for proper maintenance of the type of landscape materials proposed for installation.
(b) Maintenance and Replacement. The owner, occupant, tenant and agent of each, if any, shall be jointly responsible for the maintenance of all landscaping and screening required under these landscaping regulations so as to preserve at least the same quantity, quality and screening effectiveness as initially installed. All living and non-living landscaping including fences, walls and ornamental lighting shall be maintained in a good condition at all times so as to present a healthy, neat and orderly appearance and shall be kept free of refuse and debris. Any unhealthy or dead vegetation shall be replaced with healthy living plantings no later than the end of the next applicable planting season.
(Ord. 28-1999. Passed 10-12-99.)
1149.06 LANDSCAPE PLAN CONTENTS.
The City requires a landscaping plan to be submitted to the City’s Consulting Landscape Architect and to the Planning Commission as part of all proposed new non-residential and multi-family developments.
Required Contents:
(a) Basic Information. Graphic scale, north arrow, name, address, and phone number of applicant and preparer of plan, boundaries of development, lot lines and dimensions of areas of lots, a photograph of the site;
(b) Existing Landscaping. Existing wooded areas and isolated trees four inches or more in diameter as one foot above proposed grade; proposed berming locations; elevations and dimensions of proposed fences and walls or other non-landscaping elements;
(c) Proposed landscaping including botanic and common plant names, quantity and location, height at installation and maturity, caliper at one foot above proposed grade; proposed berming locations; elevations and dimensions of proposed fences and walls or other non-landscaping elements;
(d) Any other information the City requires to determine compliance.
(e) All development plans and site plans for any multiple-family or nonresidential districts, and subdivision plans for any single-family residential districts, with the exception of individual residential lots intended for use for construction of one residential home shall incorporate in such plans a separate plan showing landscaping which has been prepared by a registered landscape architect. The landscape plans must include size, type, caliper and number of all plantings. Landscape plans shall be reviewed and approved by the City landscape architect, the Planning Commission and Council prior to the issuance of any clearing, grading or building permit.
(Ord. 14-2004. Passed 5-25-04.)
(Ord. 14-2004. Passed 5-25-04.)
1150.01 PURPOSE.
(a) To promote the public health, safety and general welfare through the preservation, replacement of trees in order to lessen air pollution, reduce noise and light glare, moderate storm water runoff, reduce erosion and sedimentation, maintain wildlife and plant habitats, provide a natural shading, protect property values and preserve the natural beauty of the community.
(b) All developments should be designed to preserve healthy trees and woodlands, especially trees providing natural buffering, specimen trees of eight inches or greater in diameter or a grouping of trees, where possible. Buildings and parking areas should be located to fit into the existing topography and preserve the natural amenities of the site.
(Ord. 29-1999. Passed 10-12-99.)
1150.02 APPLICABILITY.
(a) No land shall be cleared of trees without conformance of this chapter.
(b) No building permit, grading plan, erosion and sedimentation control permit shall be issued for the construction, alteration or addition to a building, or the grading or alteration of the land surface without the conformance to the provisions of this chapter.
(c) All development plans and new construction shall comply with the requirements of this chapter.
(d) No tree with a D.B.H. (diameter at breast height) of eight inches or greater shall be cleared or removed without a tree removal permit issued by the City unless permitted through these regulations.
1150.03 EXEMPTIONS.
The following activities and properties are exempt from the regulations in this chapter and no tree removal permit is required.
(a) The removal of dead, diseased or damaged trees.
(b) The removal of trees in time of emergency or pose potential danger to life or property. (Ord. 29-1999. Passed 10-12-99.)
1150.04 DEFINITIONS.
(a) “Caliper” means the diameter in inches of trees measured at the height of six inches above the ground for trees of four inches in diameter and under, and measured twelve inches above the ground for trees over four inches in trunk diameter.
(b) “Drip line” means a vertical line extending from the outermost portion of the tree branch tips down to the ground.
(c) “Diameter at breast height (D.B.H.)” means the diameter in inches of a tree measured four and one half feet above the existing grade. (Ord. 29-1999. Passed 10-12-99.)
1150.05 TREE PRESERVATION.
Tree Protection Plan: A plan prepared by a landscape architect or a tree forester shall be submitted as part of the landscaping plan. The plan shall be drawn at a scale not less than 1"=50' identifying and locating all individual trees or groups of trees of eight inches D.B.H. or greater. The tree protection plan shall identify all trees to be preserved, all trees to be removed, method of protection of trees to be preserved and any trees to be replaced or transplanted on the site. All trees or groups of trees eight inches or greater in D.B.H. to be preserved or removed shall be indicated on the tree protection plan.
(a) Existing trees of eight inches D.B.H. or greater or a grouping of trees with various diameter widths located within a required landscape perimeter, frontage or interior area, shall be preserved unless approved by the City to be removed or replaced.
(b) Existing specimen trees of eighteen inches D.B.H. or greater located within a required perimeter, frontage or interior area shall be preserved unless approved by the City to be removed or replaced. Specimen trees shall be located in a landscaped island adequate to protect the tree and root system.
(c) The City shall determine the number, type and location of replacement trees for any tree not preserved by the tree preservation plan.
(d) Additional trees may be preserved on the site above and beyond that required above. Such trees may be used for credit applied to trees which were to be preserved and removed. (Ord. 29-1999. Passed 10-12-99.)
1150.06 TREE PROTECTION.
(a) Methods to be implemented for any trees which are required on site:
(1) All trees or groups of trees to be preserved shall be marked with a blue colored ribbon or paint stripe prior to any clearing.
(2) Prior to any construction or grading, protective barrier such as a rope or fence shall be placed around the perimeter of the drip line of the trees to be preserved. Such barrier shall be visible enough to be seen easily by equipment operators.
(3) No building material, equipment, vehicles or chemicals shall be stored or placed in the protection area of the drip line.
(4) Surface grade shall not be changed more than six inches within the protected areas without the installation aeration system, wells or retaining walls.
(5) No wires, boards, nails, signs, fences or other attachment shall be made to a tree to be preserved.
(b) Excavations. Excavations for utility pipelines shall be routed within the drip line of a tree to be preserved only in the judgment of the City:
(1) No other route for the lines bypassing the root area is practical.
(c) Root Protection. Parties excavating within the root areas shall:
(1) Minimize the number of roots cut, especially large main roots;
(2) Cleanly cut with proper tools such roots as must be cut;
(3) Backfill the trench as soon after excavation as possible to minimize the time roots are exposed to the air and leave no pockets of air when backfilling;
(4) Mix peat moss with fill soil to promote new growth.
(Ord. 29-1999. Passed 10-12-99.)
1150.07 MINIMIZE TREE STANDARDS.
(a) Protected trees allowed to be removed through the permit process shall be placed on a 1:1 ratio as follows:
(1) Deciduous canopy trees. Replacement trees shall be canopy trees having a diameter no less than three inches at twelve inches above grade.
(2) Evergreen trees. Replacement trees shall be evergreen trees of eight foot minimize heights.
(b) Developments must meet or exceed the minimum requirements of tree replacement on site after construction.
(c) Any trees required to fulfill the buffering standards shall not be counted in meeting the minimum tree standards of this chapter.
(d) Wooded parcels may be required to exceed the minimum standards of preservation requirements. (Ord. 29-1999. Passed 10-12-99.)
1151.01 INTENT.
In addition to the applicable provisions of the intent stated in Section 1151.03, it is the intent of these regulations to provide for the placement of solar energy systems to achieve the following objectives:
(a) To regulate the construction, modification, operation and abandonment of solar energy systems;
(b) To require solar energy systems to meet reasonable standards that will protect the public health, safety, and welfare while preserving the enjoyment of private property;
(c) To minimize the adverse impacts of solar energy systems on contiguous properties and on the aesthetic quality of the Municipality; and,
(d) To promote orderly land use, and development while allowing the safe, effective, and efficient use of solar energy systems.
(Ord. 32-2021. Passed 12-14-21.)
1151.02 DEFINITIONS.
(a) "Abandonment" means the discontinued use of the solar energy generation system in whole or part.
(b) "Solar array" means any collection of solar panels, connectors, battery banks, controllers, wiring, meters, and switching devices intended to work in combination to convert solar energy to electrical power.
(c) "Solar cell" means the basic photovoltaic device that generates electricity when exposed to light.
(d) "Solar energy system" means the photovoltaic cells and related accessories that are designed to convert solar energy into electrical energy; or a system consisting of solar thermal collectors, parabolic reflectors, or similar structures that are designed to harness solar energy for use as thermal energy for heating water or air and may include battery storage systems.
(e) "Solar panel" means any device used for collecting solar energy and converting it to electrical power.
(Ord. 32-2021. Passed 12-14-21.)
1151.03 APPLICABILITY.
(a) Solar energy systems shall be designed, erected, installed, operated, and maintained in accordance with the provisions set forth in this Chapter.
(b) A Building Permit and Electrical Permit shall be required prior to the erection, installation, connection, or operation of any solar energy system.
(c) Applicants shall provide written evidence that the power company has been informed of the intent to install a Solar Energy System at the subject site. Additionally, applicants shall provide the installation instructions and electrical diagram to the Building Commissioner with such permit application.
(Ord. 32-2021. Passed 12-14-21.)
1151.04 APPLICATION REQUIREMENTS.
In addition to the application requirements set forth in Section 1107.04, an application for a solar energy system shall include:
(a) The manufacturer's specifications.
(b) Complete architectural and engineering drawings, adequately scaled and dimensioned depicting the location, installation, mounting, anchorage details, appearance on the building and details for wiring and connections, and battery storage system details.
(c) Details for battery storage systems regarding:
(1) Location of equipment
(2) Ventilation
(3) Containment
(4) Supporting structures for batteries and equipment
(5) Electrical system, devices and wiring
(d) Evidence that the proposed system has been reviewed by the City of Highland Heights Fire Department and its findings and recommendations are submitted with the application.
(e) Verification that the installer has the necessary professional training, North American Board of Certified Energy Practitioners (NABCEP) certification and licensure as may be required for the installation of solar energy systems.
(f) Certification by a licensed structural engineer that the roof of the building is designed to handle all structural loads including those imposed by the proposed solar panel system.
(g) Evidence that the local public electric utility company approves the applicant's intent to install an interconnected customer-owned system if the proposed system is to interconnect to a local utility grid.
(h) A description of the location and type of any required screening.
(i) A description of emergency and normal shutdown procedures and location of electrical disconnection switch.
(Ord. 32-2021. Passed 12-14-21.)
1151.05 ROOF MOUNTED SOLAR ARRAYS.
Roof mounted Solar Arrays shall be located in conformance with he following criteria and standards:
(a) Roof Mounted Solar Arrays in U-1, U-2, Multi-Family, and Recreational and Residential Development Districts. Roof mounted Solar Arrays shall be permitted provided that Solar Panels shall be placed parallel to the plane of a pitched roof and shall be ten (10) inches or less above the surface of the roof when measured to the top of the solar panel and that all accessory components are located within the building or behind the principal building and within the side and rear building setback lines.
(b) Roof Mounted Solar Arrays in Local Business Districts, General Business Districts, Office Building Districts, Motor Service Districts and PCM Districts. Roof mounted Solar Arrays shall be permitted in Local Business, General Business Districts and Office Building Districts provided that Solar Panels shall be placed parallel to the plane of a pitched roof and shall be ten (10) inches or less above the surface of the roof when measured to the top of the solar panel. On a flat roof, Solar Panels shall be permitted when set back eight (8) feet from the front of the façade and limited to the maximum building height of the zoning district for the building type (principal or accessory structure) or a maximum height of forty-two inches (42") above the roof line or parapet wall of a flat roof, whichever is less. Further all accessory components shall be located either within the building, or within a screened enclosure behind the principal building, or hidden from view behind the parapet wall of buildings with flat roofs.
(c) Roof Mounted Solar Arrays in All Use Districts. Roof mounted Solar Arrays shall have appropriate structural support and shall be designed to withstand winds of one hundred and fifteen (115) miles per hour. Additionally, a stamped assessment of the existing roof from a certified State of Ohio Engineer evidencing the existing roof will be able to support the Roof Mounted Solar Array shall be required to be submitted with the permit application.
(Ord. 32-2021. Passed 12-14-21.)
1151.06 FREE-STANDING OR GROUND MOUNTED SOLAR ARRAYS.
Free-standing or ground mounted Solar Arrays shall be permitted in all Use Districts, if unable to otherwise be roof mounted, in conformance with the following criteria and standards:
(a) Maximum Height. Free-standing or ground mounted Solar Arrays shall not exceed a maximum height of fifteen feet (15') measured to the highest projection of any Solar Panel in final configuration and orientation.
(b) Minimum Setback. Free-standing or ground mounted Solar Arrays shall be in compliance with the setback requirements for accessory buildings in the applicable zoning district.
(c) Location. Free-standing or ground mounted Solar Arrays shall be located only in the rear yard and behind the setback line of the principal building to which such facility is accessory.
(d) Structural Support and Wind Load. Free-standing or ground mounted Solar Arrays shall have appropriate structural support and shall be designed to withstand winds of one hundred and fifteen (115) miles per hour, or as otherwise required by the Ohio Building Code. Footer depth for the supporting poles shall be forty-two inches (42") below grade, or as otherwise required by the Ohio Building Code.
(e) Accessory Components. All accessory components shall be located either within the principal building or behind the principal building and within the side and rear building setback lines. Ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. Accessory components shall be screened from view from public rights-of-way and adjacent properties.
(f) Wiring. All electrical connections between free-standing or ground mounted Solar Arrays and the principal building shall be located underground.
(Ord. 32-2021. Passed 12-14-21.)
1151.07 GENERAL REQUIREMENTS.
(a) When located a Solar Panel, it is the property owner's responsibility to consider current and future development, growth of trees and vegetation, and other obstructions that might interfere with solar access. Nothing in this section shall prohibit the owner of the solar energy system from requesting or obtaining a solar access easement from any person. Solar access easements shall be in compliance with Ohio R.C. 5301.63 which sets forth the requirements for solar access.
(b) Solar Panels and related equipment shall be located, oriented or screened and constructed of such material to prevent to the fullest extent practicable glare from Solar Panels to not be directed at any other person, building or public right-of-way.
(c) Solar Panels shall be uniform in appearance and color and to the extent practicable, match the design and color of the roof on which the panels will be placed.
(d) Solar Energy Systems shall be properly maintained at all times in compliance with all manufacturers' specifications and any state or federal regulation not in conflict with the requirements contained in this Chapter.
(Ord. 32-2021. Passed 12-14-21.)
1151.08 ARCHITECTURAL BOARD OF REVIEW.
(a) Approval by the Architectural Board of Review shall not be required prior to the issuance of a permit by the Building Commissioner so long as the Solar Energy system will not be visible from a public right-of-way. In the event the Solar Energy System will be visible from a public right-of-way, as determined by the Building Commissioner, the Building Commissioner shall submit the plans for the proposed Solar Energy System to the Architectural Review Board.
(b) The Architectural Board of Review may approve the placement of solar panels in roof or ground locations that are visible from any public right-of-way, when the applicant has demonstrated to the Architectural Board of Review that:
(1) The location is necessary to optimize system functionality;
(2) The proposed Solar Panel(s) and their locations(s) are designed to minimize any adverse impacts to the neighborhood; and/or,
(3) The size and location of any structure is the minimum necessary to serve the needs of the building(s) on the property.
(Ord. 32-2021. Passed 12-14-21.)
1151.09 ABANDONMENT.
Upon abandonment, the owner shall physically remove the solar energy system within sixty (60) days from the date of abandonment. "Physically remove" shall include, but not be limited to:
(a) Removal of the Solar Energy System and related above grade structures.
(b) Restoration of the location of the Solar Energy System to its prior condition.
(Ord. 32-2021. Passed 12-14-21.)
1151.99 PENALTY.
Whoever violates the provisions of this Chapter shall be given notice by the Building Department of the violation(s) and be provided ten (10) days in order to remedy the violation(s) to the satisfaction of the Building Department. Failure to remedy the violation(s) within the time proscribed shall be a misdemeanor of the fourth degree. Each day that a Solar Energy System is erected or maintained in violation of this Chapter after the time proscribed to remedy said violation(s) shall constitute a separate and distinct offense.
(Ord. 32-2021. Passed 12-14-21.)