Whenever the specific district regulations pertaining to one district permit the uses of a more restrictive district, such uses shall be subject to the conditions as set forth in the regulations of the more restrictive district unless otherwise specified.

(Ord. of 2-21-1995, art. V, § 1)

No open space or lot area required for a building or structure shall be occupied by, or counted as open space for any other building or structure.

(1)

In any residential district, except the R-1A district, the front yard minimum setback of any lot unoccupied as of the effective date of this chapter shall be equal in depth to the average depth of the front yards of the nearest adjacent occupied lots.

(2)

Fences, walls, and hedges in residential districts may be permitted in any required yard or along the edge of any yard provided that no fence, wall or hedge located in front of the front building line shall exceed 36 inches in height within a 25-foot setback of the front lot line.

(3)

Where the dedicated street right-of-way is less than 50 feet, the depth of the front yard shall be measured starting at a point 25 feet from the centerline of the street easement.

(4)

No dwelling unit shall be erected on a lot which does not abut or have direct access to a public street.

(5)

On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth, shall obstruct sight lines at elevations over two feet, six inches above any portion of the crown of the adjacent roadways. A sight triangle shall be formed by measuring back 25 feet from the point of intersection of the right-of-way lines and connecting the points so as to establish a sight triangle on the area of the lot adjacent to the street intersection.

(6)

An attached or detached private garage or carport which faces on a street shall not be located closer than 25 feet to the street right-of-way line.

(Ord. of 2-21-1995, art. V, § 2)

The regulations, herein set forth, quality or otherwise supplement, as the case may be, the specific district regulations appearing in article III.

(1)

Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limits.

(2)

Churches, schools, hospitals, sanatoriums and other public and semipublic buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one foot for each two feet by which the height of such public or semipublic structure exceeds the prescribed height limit.

(Ord. of 2-21-1995, art. V, § 3)

(a)

Purpose of provisions. For the purpose of allowing and encouraging greater variety of design and flexibility in developments in any zoning district, the requirements of this chapter may be modified by the planning commission provided that gross population and building density of any area proposed under the planned unit approach complies with the population and building density set forth for the zoning district in which the development shall be located. The owners of any tract of land containing at least five acres may submit a plan for the use and development of the entire tract for residential, compatible commercial and related uses as a single and unified project. The basic control development intensity shall be one or more of the residential districts. The planned unit development shall be a superimposed designation providing a broader latitude of design to achieve the above stated goals.

(b)

Uses permitted. Uses specified and/or permitted on review by the planning commission for the zoning district in which the development is located.

(c)

Area and setback regulations. Lot dimensions, building setbacks and area requirements may be modified, provided that a more functional and desirable use of property is attained.

(1)

Peripheral boundary setback requirements. Where the peripheral boundary of a planned unit development abuts:

a.

A street or road right-of-way, the building setback shall be the front yard requirement of the district.

b.

The property line of adjoining holdings, the building setback shall be the rear yard requirement of the district in which the development is located.

(2)

Height regulations. Building heights shall be as established for the district in which the development is located, however, height regulations may be modified by the planning commission following review of the development plans.

(d)

Plan review and approval required. A detailed plan of any proposed planned unit development shall be submitted to the planning commission for review. Within 30 days of the receipt of plans, the planning commission shall transmit the plans together with its report to the mayor and board of aldermen and/or board of supervisors. Said council shall review the plans and the recommendations of the planning commission and shall either approve or disapprove the proposed development plan. The planning commission and the mayor and board of aldermen and/or board of supervisors may impose conditions regarding layout, circulation and performance of the proposed planned unit development and may require that appropriate deed restrictions be filed. A plat of the approved development shall be recorded and shall show all applicable features as required by this chapter regulating the subdivision of land.

(Ord. of 2-21-1995, art. V, § 4)

[The regulations for home occupations are as follows:]

(1)

Home occupations shall not be carried out in more than 20 percent of the total dwelling building area.

(2)

There shall be no external evidence of the use except for the allowance of one unanimated, nonilluminated sign not to exceed one square foot in area mounted flush against the main building.

(3)

No goods or merchandise shall be sold or offered for sale on the premises.

(Ord. of 2-21-1995, art. V, § 5)

The regulations set forth [in this section] shall apply and govern in all zoning districts. No sign or outdoor advertising device shall be erected unless it is in compliance with regulations for the district in which it is located as specified in this section.

(1)

General requirements and limitations.

a.

Business (on-premises) sign requirements.

1.

One freestanding sign and one mobile sign is allowed on one premises, except an additional business freestanding sign will be allowed for corner lots having two street frontages.

2.

Business (on-premises) signs advertising the primary nature, activities or products of the business or industry conducted or sold on the premises shall setback a minimum of five feet from the right-of-way line.

3.

The height limitation of the business signs shall be 35 feet to the top of the sign.

4.

A business sign shall not exceed:

(i)

32 square feet in a C-1 Neighborhood Commercial District;

(ii)

80 square feet in a C-2 Community Commercial District;

(iii)

150 square feet in a C-3 Highway Commercial District.

5.

Shopping centers or multiple commercial buildings on the same premises are considered as one business in this section, and subsections (1)a.1 through 4 of this section shall apply. Each business in the shopping area may be identified on the business sign.

b.

Outdoor advertising sign (off-premises sign, billboard) requirements.

1.

Outdoor advertising signs and business signs of a permanent nature shall be classified as a business use and shall be permitted in commercial districts as specified herein.

2.

No outdoor advertising sign shall be erected, placed or hung nearer than 20 feet to the highway, street or road right-of-way upon which display faces.

3.

Outdoor advertising signs (off-premises signs) shall not exceed 35 feet in height measuring from the adjacent road grade to the top of the sign area.

4.

Outdoor advertising signs shall not exceed 300 square feet in sign area.

5.

All outdoor advertising signs permitted to be erected under this chapter shall be erected after the passage of the ordinance [from which this chapter is derived] a minimum distance of 500 feet from another such outdoor sign on the same side of the road as measured along a line parallel to such road, except back-to-back or V-type sign structures may be considered as one sign, and side-by-side signs must abut each other and the combined size is not to exceed 600 square feet.

c.

Limitations.

1.

Mobile signs, when allowed, shall not exceed 32 square feet in sign area and be anchored to withstand wind pressures. All mobile signs shall conform to all other sign regulations contained herein.

2.

Signs with flashing or blinking lights shall be restricted to 75-watt bulb capacity, and red, amber or blue flashing lights are prohibited.

3.

The placing, tacking, painting, hanging or otherwise affixing of any kind of sign, outdoor advertising or poster of a miscellaneous character, visible from the public highways, streets or roads, on the walls of buildings, barns, sheds, trees, vehicles, fences, utility poles or any other structure except as otherwise provided in this chapter is prohibited.

4.

Signs shall not interfere with driver visibility of any traffic control device or sign, or with the visibility of the street, road, thoroughfare or expressway itself. Such signs shall maintain a setback of 25 feet from the intersection of two streets, except if the sign is constructed with the bottom of the sign no lower than nine feet from the ground and mounted on a pole no larger than nine inches in diameter.

5.

All signs that are illuminated shall be permanently wired to meet the National Electrical Code. Special care shall be given to ground-fault connections, underground wire and/or conduit with proper circuit breakers. Connecting wire from sign to permanent outlet shall not exceed four feet.

6.

A trailer/portable sign shall be tied down in an approved manner to withstand a minimum wind of 40 miles per hour.

7.

Any sign which:

(i)

By reason of size, shape, content, coloring, location or manner of illumination interferes with driver visibility of any traffic control device or sign; or

(ii)

Resembles any traffic control or emergency device or sign which creates any traffic hazard is not allowed.

(2)

Permitted and exempted signs.

a.

On-site signs on the site of any construction work bearing the name of the building, owner, and those furnishing construction or professional services or materials used on such construction work of a temporary nature, that do not exceed 32 square feet.

b.

Temporary poster signs erected behind glass windows or temporary signs painted on glass windows.

c.

Any political sign or poster not exceeding 32 square feet erected on property by the owner thereof or with the property owner's consent pertaining to a candidacy or issue to be voted upon at any election or referendum, provided such sign or poster shall not be erected more than 60 days prior to such election or referendum and shall be removed within ten days after referendum, or last such election in which the candidate is eligible.

d.

Signs painted on, or attached to, trucks or other vehicles for identification purposes, but not used for advertising purposes.

e.

Signs on glass doors or windows not exceeding six square feet of sign area stating name or nature of business, location and hours of business.

f.

Signs at entrances to subdivisions, multifamily dwellings or mobile home parks showing name, description or location only and not exceeding 15 square feet.

g.

Signs not exceeding one square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises or other identification of premises not having commercial connotation.

h.

Flags and insignia of any government except when displayed in connection with commercial promotion.

i.

Legal notice or identification, information or directional signs erected or required by governmental bodies.

j.

Integral decorative or architectural features of buildings except letters, trademarks, moving parts or moving lights.

k.

Signs not exceeding four square feet, and guiding traffic and parking on private property, but bearing no advertising matter.

l.

On-site signs, advertising property for sale or rent provided such signs in single-family residential districts shall not exceed 12 square feet.

m.

On-site church directory or bulletin board not exceeding 32 square feet and not over eight feet in height.

n.

Special purpose signs advertising a special area event may be erected on property by the owner thereof or with the property owner's consent provided such sign or poster shall not be erected more than 60 days prior to the event and shall be removed within ten days after the event and provided such sign shall not exceed 32 square feet.

(3)

Signs in disrepair or abandoned.

a.

Any outdoor advertising sign, whether permitted to remain as a nonconforming sign structure or an erected advertising sign structure under the terms of this chapter, which is found to be abandoned, or is not properly maintained or in a state of disrepair, or signs which do not meet all requirements of the building codes, including the issuance of a permit therefor, shall be removed by the property owner or sign owner within 30 days after written notice to the property owner or lessee is provided by the city. Advertising signs not removed within 30 days are subject to removal by the city, without liability.

b.

Business (on-premises) signs which are not properly maintained and are in a state of disrepair, or which are abandoned, may likewise be removed by the city, without liability, following a 30-day period of notification to the property owner or lessee.

c.

Signs placed on any city building, structure or lot or within the right-of-way of any city road or easement without a permit issued therefor by appropriate city authority shall be subject to removal by the city after ten days' notice by registered letter or otherwise to the owner of the sign where the owner can be identified. In the event the owner cannot be identified, the sign shall be subject to immediate removal by the city.

(4)

Design and maintenance. It shall be the owner's responsibility that all signs shall be designed according to generally accepted engineering practices to withstand wind pressures and that loads are distributed to structural supports to avoid overstress, and that all signs are properly anchored to avoid being swept away by wind. Also, all signs shall be maintained in good repair and appearance.

(5)

Permit required. It shall be unlawful to erect, enlarge, rebuild or structurally alter any sign without first obtaining proper permit except permitted and exempted signs as in subsection (2) of this section.

(6)

Permit fees. Permit fees shall be as adopted and approved by the board of aldermen.

(Ord. of 2-21-1995, art. V, § 6)