Zoneomics Logo
search icon

Lake County Unincorporated
City Zoning Code

GENERAL DEVELOPMENT

STANDARDS

§ 151.165 OFF-STREET PARKING.

   (A)   Applicability.
      (1)   New development. The off-street parking standards of this section apply to any new building constructed and to any new use established.
      (2)   Expansions and alterations. The off-street parking standards of this section apply to all principal and accessory uses when an existing structure or use is expanded or enlarged. Additional off-street parking spaces will be required only to serve the enlarged or expanded area, not the entire building or use, provided that in all cases the number of off-street parking spaces provided for the entire use (preexisting + expansion) must equal at least 75% of minimum ratio established in the off-street parking schedule of subsection (B) below.
      (3)   Change of use. Off-street parking must be provided for any change of use or manner of operation that would, based on the off-street parking schedule of subsection (B) below, result in a requirement for more parking spaces than the existing use.
   (B)   Off-street parking schedule. Off-street parking spaces shall be provided in accordance with the following schedule of requirements. (See rules for computing requirements, subsection (C) below.)
Table 151.165(B)
Use Category (See § 151.270 for Description)
Use Types
Minimum Number of Off-Street Parking Spaces Required
Table 151.165(B)
Use Category (See § 151.270 for Description)
Use Types
Minimum Number of Off-Street Parking Spaces Required
Residential Use Categories
Household living
2 per dwelling unit
Public, Civic and Institutional Use Categories
College
1 per 4 students, plus 1 per staff member
Community service
Library or museum
2.5 per 1,000 square feet or 1 per 4 person-capacity (whichever is greater), plus 1 per employee
Community service not otherwise classified
1 per 3-person capacity
Day care
1 per teacher/employee, plus 1 per 6 enrollees, or off-street waiting to accommodate at least 6 vehicles
Group living
Assisted living
1 per 4 beds, plus 1 per employee
Convent or monastery
1 per 6 residents, plus 1 per employee, plus 1 per 2.5 chapel seats if open to the public
Group living not otherwise classified
1 per 3 residents, plus 1 per employee
Hospital
1.8 per patient bed
Parks and open space
Cemetery
No minimum
Golf course
60 per 9 holes, plus 1 per employee, plus 50% of spaces otherwise required for any accessory uses (e.g. bars, restaurants)
Golf course, Par 3
25 per 9 holes, plus 1 per employee
Parks and open space not otherwise classified
1 per 4-person capacity
Religious institutions
1 per 4 seats, plus 50% of spaces otherwise required for any accessory uses (e.g., banquet hall, day care)
School
Elementary and Junior High
1 per faculty/staff member, plus 1 per 2 classrooms
Senior High
1 per faculty/staff member, plus 1 per 5 students
Utility, major
None required
Retail, Service and Commercial Use Categories
Entertainment event, major
Major entertainment event not otherwise classified
1 per 3-person capacity
Office
Office, medical
3 per examining room, plus 1 per staff doctor/employee
Office, non-medical
2.5 per 1,000 square feet
Parking, commercial
None required
Recreation and entertainment, outdoor
Camp
1 per employee, plus 1 per camp vehicle normally parked on the premises, plus 1 visitor space per acre, with a minimum of 5 and a max maximum of 50 spaces.
Golf driving range
1 per tee, plus 1 per employee
Golf miniature
1 per hole, plus 1 per employee
Outdoor recreation and entertainment not otherwise classified
1 per 4-person capacity
Retail sales and service
Bank
2.5 per 1,000 square feet, plus stacking spaces per § 151.165 (I)
Barber or beauty shop
3 per operator chair
Bars, taverns, dance halls and nightclubs
14 per 1,000 square feet
Bowling center
5 per lane, plus 1 per employee, plus 50% of spaces otherwise required for accessory uses (e.g., bars, restaurants, gamerooms)
Convenience store (grocery)
6 per 1,000 square feet
Funeral home
1 per 4 seats or 25 per chapel, whichever is greater
Grocery or supermarket
4 per 1,000 square feet
Hotel or motel
1 per room or suite, plus 1 per employee, plus 1 per person-capacity of each public meeting and banquet room, plus 50% of the spaces otherwise required for accessory uses (e.g., restaurants and bars)
Repair service
3.2 per 1,000 square feet
Class “A” restaurant
12 per 1,000 square feet, plus 1 per 3 employees, plus stacking spaces per § 151.165(I)
Class “B” restaurant
14 per 1,000 square feet, plus 1 per 3 employees
Class “C” restaurant
12 per 1,000 square feet, plus 1 per 3 employees
Retail sales and service not otherwise classified
4 per 1,000 square feet (shopping centers: 5 per 1,000 square feet)
Theater or auditorium, indoor
1 per 3-person capacity
Theater, outdoor
1 per 3-person capacity
Vehicle sales
0.5 per 1,000 square feet of display area, whether indoor or outdoor plus 2.5 per 1,000 square feet devoted to servicing vehicles
Self-service storage
None required
Vehicle repair
2.5 per 1,000 square feet
Vehicle service, limited
2.5 per 1,000 square feet
Industrial Use Categories
Industrial sales and service
2.5 per 1,000 square feet
Manufacturing and production
2.5 per 1,000 square feet
Warehousing and freight movement
1 per employee
Waste-related use
1 per employee
Wholesale sales
2.5 per 1,000 square feet
Other Use Categories
Agriculture
None required
Mining
Mining and resource extraction
1 per employee
 
   (C)   Rules for computing requirements. The following rules apply when computing off-street parking requirements.
      (1)   Multiple uses. Unless otherwise approved, lots containing more than one use must provide parking in an amount equal to the total of the requirements for all uses.
      (2)   Fractions. When measurements of the number of required spaces result in a fractional number, any fraction of one-half or less shall be rounded down to the next lower whole number and any fraction of more than one-half shall be rounded up to the next higher whole number.
      (3)   Area measurements. Unless otherwise specifically noted, all square footage-based parking standards must be computed on the basis of floor area used or intended to be used for office space (as a principal use), service areas accessible to customers, patrons, clients, patients or tenants, including areas occupied by fixtures or equipment used for display or sale of merchandise. Floor area for the purposes of this section shall not include any area used for:
         (a)   Storage accessory to the principal use of the building;
         (b)   Window displays;
         (c)   Offices or spaces incidental to the management or maintenance of a store or building;
         (d)   Restrooms;
         (e)   Utilities, including HVAC systems; or
         (f)   Dressing, fitting, or alteration rooms.
      (4)   Occupancy- or capacity-based standards. For the purpose of computing parking requirements based on employees, students, residents, or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, whichever is applicable and whichever results in the greater number of spaces.
      (5)   Fleet parking. For the purpose of computing parking requirements, any vehicle owned or leased by a business, government agency, or other organization, rather than by an individual, shall be provided one space on the same zoning lot as the principal use. Spaces shall be sized appropriately for fleet vehicles.
      (6)   Unlisted uses. Upon receiving a development application for a use not specifically listed in an off-street parking schedule, the Planning, Building and Development Director shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use or establish minimum off-street parking requirements on the basis of a parking study prepared by the applicant. A parking study must include estimates of parking demand based on recommendations of the Institute of Transportation Engineers (ITE), or other acceptable estimates as approved by the Planning, Building and Development Director, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, and location. The study must document the source of data used to develop the recommendations.
      (7)   Consideration of operational standards. The provisions of this section represent the minimum required parking. It is the responsibility of the applicant to consider their unique operational needs, which may require additional parking. The Planning, Building and Development Director may require additional analysis of business operational needs.
   (D)   Off-street parking reductions for large developments. In order to prevent the establishment of a greater number of parking spaces than actually needed to meet the particular needs of large developments of over 500,000 square feet of gross floor area, a reduction in the number of required off-street parking spaces may be permitted by the Planning, Building and Development Director. Reduction shall be permitted subject to the following conditions.
      (1)   Maximum reduction. A maximum reduction of one parking space per every 1,000 square feet of gross floor area or 20% of the total spaces required (whichever is less) may be permitted. The site plan shall indicate the location and dimensions of the parking area provided.
      (2)   Reservation. Sufficient area shall be reserved to accommodate the total number of off-street parking spaces otherwise required by this section. The purpose of this reservation is to ensure adequate area to meet any future need for additional parking spaces. The reserved area shall be located on the same site and noted on the site plan. The reserved parking area shall not include areas for required landscaping, setbacks, or areas that would otherwise be unusable for parking due to the physical characteristics of the land or the requirements of this chapter.
      (3)   Installation of additional spaces. The Planning, Building and Development Director shall be authorized to require that the developer install additional parking spaces, up to the total number otherwise required by this section, if the Planning, Building and Development Director determines that additional parking spaces are necessary to satisfy the off-street parking needs of the use.
   (E)   Off-street parking alternatives.
      (1)   Off-site parking. The Planning, Building and Development Director may approve the location of required off-street parking spaces on a separate lot from the lot on which the principal use is located, subject to all of following standards.
         (a)   Limitation on amount of off-site parking. No more than 50% of a use’s required off-street parking may be located off-site unless the off-site parking is located on a lot that is contiguous to the lot containing the subject use. There shall be no limit on the amount of off-site parking located on a contiguous lot.
         (b)   Ineligible activities. Off-site parking may not be used to satisfy the off-street parking standards for residential uses, restaurants, bars, resorts, convenience stores, or other convenience-oriented uses. Required parking spaces reserved for persons with disabilities may not be located off-site.
         (c)   Location. No off-site parking space may be located more than 600 feet from the primary entrance of the use served.
         (d)   Zoning classification. Off-site parking areas require the same or a more intensive zoning classification than required for the use served.
         (e)   Covenant for off-site parking. If the off-site parking area is under separate ownership from the use to be served by the parking area, an irrevocable written covenant among all owners of record shall be required prior to approval of the off-site parking. An attested copy of the irrevocable covenant between the owners of record must be submitted to the Planning, Building and Development Director for recordation on forms made available in the Planning, Building and Development Department. The covenant must be recorded in the Lake County Recorder’s office before any building permits may be issued for any use to be served by the off-site parking area. A shared parking covenant may be revoked only if all required off-street parking spaces will be provided, in accordance with subsection (B) above.
      (2)   Shared parking. The Planning, Building and Development Director may approve shared parking facilities for developments or uses with different operating hours or different peak business periods if the shared parking complies with the all of following standards.
         (a)   Location. Shared parking spaces must be located within 600 feet of the primary entrance of all uses served.
         (b)   Zoning classification. Shared parking areas require the same or a more intensive zoning classification than required for the use served.
         (c)   Shared parking study. Applicants wishing to use shared parking as a means of satisfying off-street parking requirements must submit a shared parking analysis to the Planning, Building and Development Director that clearly demonstrates the feasibility of shared parking. The study must be provided in a form established by the Planning, Building and Development Director and made available to the public. It must address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.
         (d)   Covenant for shared parking. A shared parking plan will be enforced through an irrevocable, written covenant among all owners of record. An attested copy of the irrevocable covenant between the owners of record must be submitted to the Planning, Building and Development Director for recordation on forms made available in the Planning, Building and Development Department. The covenant must be recorded in the Lake County Recorder’s office before any building permits may be issued for any use to be served by the shared parking area. A shared parking covenant may be revoked only if all required off-street parking spaces will be provided, in accordance with subsection (B) above.
 
COMMENTARY:
Certain large uses, such as regional shopping centers, may need fewer parking spaces than otherwise required by this section, since they typically have a lower trip generation rate than smaller uses. This provision allows a 20% maximum reduction in required parking spaces for the uses, while requiring that land be reserved to accommodate future parking should the need arise.
 
   (F)   Location.  
      (1)   Except as otherwise expressly provided in this section, required off-street parking spaces shall be located on the same zoning lot as the principal use. Except as otherwise provided in this section, off-street parking and stacking spaces may be located within required setbacks but not within required landscaping and not within five feet of any property line. In lieu of providing side and rear setbacks, landowners of adjoining properties shall be entitled to enter into an agreement that provides for a waiver or partial waiver of the requirements. The agreement shall be in the form of a covenant or deed restriction and shall require approval of the Planning, Building and Development Director. Once approved, the agreement shall be recorded in the Lake County Recorder’s office and shall run with the land.
 
COMMENTARY:
When ultimate right-of-way is reserved but not dedicated to the highway authority, required off-street parking spaces are permitted to be located up to the edge of the ultimate right-of-way.
 
      (2)   However, the parking of any car, van, or truck may occur between the principal structure and an improved street in residential zoning districts only on an improved pad not to exceed 400 square feet or on an improved driveway (in both cases either gravel, paved, or otherwise improved with hardscape). In no event shall these personal vehicles be allowed to park on grass or other unimproved surface between the principal structure and an improved street. This provision shall not apply to nonresidential uses permitted in residential zones.
 
COMMENTARY:
This provision is not intended to prohibit occasional or “short-term” parking on grass in front yards for special events (such as family functions, parties, and the like).
 
   (G)   Use of off-street parking areas. Required off-street parking areas are to be used solely for the parking of licensed motor vehicles in operating condition. Required spaces may not be used for the display of goods for sale or lease or for long-term storage of vehicles, boats, motor homes, campers, mobile homes, or building materials.
   (H)   Design.
      (1)   Design standards. The minimum size of each required off-street parking space shall be consistent with the chart below.
 
Stall Width
Stall Length
Aisle Width
One Way/Two Way
Parallel Parking
   0 degrees
9'
22'
12'/22'
   45 degrees
9'
18'
13'/24'
   60 degrees
9'
18'
18'/24'
   90 degrees
9'
18'
24'/24'
 
      (2)   Markings. Each required off-street parking space shall be designated by lines or parking blocks.
      (3)   Surfacing and maintenance. All off-street parking areas shall be kept in a dust-free condition at all times. Parking areas for nonresidential uses that are located between an improved street and the principal building on the parcel shall be paved.
      (4)   Consideration of operational standards. The provisions of this section represent the minimum traffic circulation standards. It is the responsibility of the applicant to consider their unique operational needs, which may require unique parking stall sizes, aisle widths, and circulation radii. The Planning, Building and Development Director may require additional analysis of business operational needs, such as modeling of vehicle maneuverability.
   (I)   Vehicle stacking areas. Vehicle stacking shall be prohibited within public rights-of-way.
 
COMMENTARY:
The following guidelines will be used in evaluating the adequacy of vehicle stacking areas. Vehicle stacking shall be prohibited within public rights-of-way.
 
      Number of Spaces
Table 151.165(I)-Commentary
Activity Type
Spaces
Measured From
Table 151.165(I)-Commentary
Activity Type
Spaces
Measured From
Automated teller machine
3
Teller
Bank teller lane
4
Teller or window
Car wash stall, automatic
6
Entrance
Car wash stall, self-service
3
Entrance
Gasoline pump island
2
Pump island
Pharmacy/drug store
4
Pickup window
Restaurant drive-through
6
Order box
Restaurant drive-through
4
Order box to pickup window
Other uses
3 (minimum)
Pickup window
 
      Design and Layout
      1.   Size
      Stacking spaces must be a minimum of 8 feet by 20 feet in size.
      2.   Location
      Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces.
      3.   Design
      Stacking spaces must be separated from other internal driveways by raised medians if deemed necessary for traffic movement and safety.
   (J)   Accessible parking for physically handicapped persons. A portion of the total number of required off-street parking spaces in each off-street parking area shall be specifically designated, located, and reserved for use by persons with physical disabilities, in accordance with all applicable county, state, and federal standards.
(Ord., § 9.1, passed 10-13-2009; Ord. passed - - ; Ord. 19-1378, passed 9-10-2019)

§ 151.166 OFF-STREET LOADING.

   (A)   No use of public right-of-way.
      (1)   At no time shall goods be loaded or unloaded from the right-of-way of a collector or arterial street.
      (2)   No part of any vehicle shall be allowed to extend into the ultimate right-of-way of a collector or arterial street while being loaded or unloaded.
   (B)   Location. Plans for location, design, and layout of all loading spaces shall be indicated on required site plans.
   (C)   Design.
      (1)   Space size. Off-street loading spaces, excluding maneuvering areas, shall be at least ten feet wide and 25 feet long unless off-street loading will involve the use of semi-tractor trailer combinations or other vehicles in excess of 25 feet in length, in which case the minimum size of a space shall be 12 feet by 65 feet.
      (2)   Surfacing and maintenance.
         (a)   All off-street loading areas shall be kept in a dust-free condition at all times.
         (b)   Loading areas located between an improved street and the principal building on the parcel shall be paved.
(Ord., § 9.2, passed 10-13-2009)

§ 151.167 LANDSCAPING.

   (A)   Intent. This landscape section is intended to accomplish the following:
      (1)   Preserve or enhance the appearance and character of the property and its surroundings;
      (2)   Reduce noise and air pollution, light glare, soil erosion, and solar heating of the environment;
      (3)   Provide buffering between land uses and zoning districts of differing intensity;
      (4)   Promote the preservation of existing significant vegetation;
      (5)   Improve the appearance of parking areas and property abutting public rights-of-way; and
      (6)   Promote the implementation of best management practices, low impact development features, and sustainable design elements. (See Appendix A.)
      (7)   Support ecological sustainability, stormwater management, and climate resilience.
   (B)   Applicability.
      (1)   The standards of this section shall apply to the following development types (see also § 151.167(J) Landscape standards for transition areas):
         (a)   All development subject to the site capacity calculations/site plan review procedures of § 151.070(A); and
         (b)   All nonresidential development adding at least 1,000 square feet of floor area or 2,000 square feet of impervious surface (on any size parcel) when adjacent to a residential use or zoning district.
         (c)   Any new nonresidential development or use on any size parcel consisting of at least 1,000 square feet of floor area or 2,000 square feet of impervious surface.
   (C)   Modification of landscape standards. So long as the intended purpose of the landscaping is not compromised, landscape requirements may be modified by the Planning, Building and Development Director in instances such as:
      (1)   When installing the plant material would compromise the health, vitality, or ecology of existing vegetation, or those natural resources requiring protection under § 151.070; or
      (2)   Where unique limitations of the site preclude the installation of the required plant units; or
      (3)   When the principal use of the site is changed to a principal use of the same or lesser intensity.
   (D)   Previously approved development. A development that was legally established in accordance with all landscaping regulations in effect at the time of establishment shall not be deemed nonconforming solely due to the fact that it does not comply with the landscaping regulations of this section.
   (E)   Plant unit and material standards. Plant material used to satisfy the standards of this section shall comply with the following standards:
      (1)   Plant units. A plant unit is a measurement used to determine the quantity of plant material required.
         (a)    One plant unit is comprised of all of the following elements, of which at least six elements shall be native:
            1.   One canopy tree;
            2.   Two understory trees;
            3.   Two evergreen trees; and
            4.   Seven shrubs.
      (2)   Plant material. Plant material used to satisfy the standards of this section shall comply with the following standards:
         (a)   Size. Unless otherwise expressly provided, all plant materials used to satisfy the requirements of this section shall meet the following minimum size standards:
Plant Type
Minimum Size
Plant Type
Minimum Size
Oaks (Quercus sp)
Hickories (
Carya sp)
Hornbeams (
Carpinus sp)
 
1.25-inch caliper
Canopy tree (all other species)
1.5-inch caliper
Understory/ornamental tree
1.5-inch caliper or 6 feet height
Evergreen/conifer tree
8 feet height
Broadleaf/deciduous shrub
3 feet height
Needleleaf/evergreen shrub
2 feet height
Columnar evergreen shrub
3 feet height
 
         (b)   Types of species. Species of plant material that satisfy the requirements of this section are contained in Appendix A. That Appendix categorizes plant species as either “canopy trees,”“evergreen trees,” “understory trees,” or “shrubs”. With the exception of native species requirement, varieties and cultivars of the plant species listed in Appendix A may be used to satisfy the other requirements of this section, provided that the variety or cultivar used complies with all applicable size and form standards.
         (c)   Quality. Plants installed to satisfy the requirements of this section shall meet or exceed the plant quality standards of the most recent edition of American Standard for Nursery Stock, published by the American Horticulture Industry Association. Plants shall be nursery-grown and balled with burlapping or other suitable material that is biodegradable.
         (d)   Additional landscape treatment. All required landscape areas not dedicated to trees, shrubs or preservation of existing vegetation shall be landscaped with grass, groundcover, or other landscape treatment, not including sand, rock, or pavement.
         (e)   Species mix. No single plant species shall represent more than 15% of the total plantings.
         (f)   Berms not required in perimeter landscape transition areas. Any berm not required by this section but otherwise required by a county condition of development approval, containing at least five feet in height whose toe is within 25 feet of any right-of-way or other property line shall be improved with a minimum of one plant unit per 100 linear feet for every five feet of height up to a maximum height of 20 feet. The Planning, Building and Development Director may modify the planting requirements for berms proposed in locations that will be buffered by existing natural features or are proposed in locations that will not impact drainage patterns or neighboring land owners.
   (F)   Landscape standards for parking lots.
      (1)   Applicability. The parking lot landscaping standards of this subsection (F) shall apply to all off-street parking areas containing more than five off-street parking spaces with the exception of interior landscaping associated with multi-level parking structures. The standards of this subsection (F) shall not apply to storage of new or used motor vehicles or boats or to trucking or motor freight terminals that are not normally open to the public.
      (2)   Area and planting standards.
         (a)   Parking lots that are greater than 4,000 square feet shall contain landscaped areas to break up the expanse of pavement. The landscaped areas shall be located entirely within the lot in either internal or corner islands and conform to the following area ratios:
 
Parking Lot Area
Required Landscape Area
4,000 sq. ft. to 10,000 sq. ft.
5% of paved surface
Greater than 10,000 sq. ft.
10% of paved surface
 
         (b)   Each 325 square feet of required landscape area shall contain the following plant material:
 
2 Canopy trees:
   Oaks (Quercus sp), Hickories (Carya sp), Hornbeams (Carpinus sp)
1.25-inch caliper
   All other species
1.5-inch caliper
5 Shrubs (low growing, not to exceed 3 ft. ht.)
2 ft. ht.
 
         (c)   Existing vegetation located within the interior or the corner portions of the parking lot may be counted towards required landscape plantings upon approval by the Planning, Building and Development Director.
         (d)   Native perennials and grasses may be planted in lieu of shrubs, up to 20% of the total number of required shrubs. Three native perennial plants or native grasses shall equal one shrub.
         (e)   The minimum width of all parking lot landscaped areas shall be ten feet and shall be protected by raised curbs with a minimum height of four inches with the exception of low impact development features (see Appendix A) as appropriate.
         (f)   The minimum area for a corner island shall be 200 square feet.
         (g)   The finished grade (crown) of interior planting areas shall not be less than three inches above curb or pavement with the exception of low impact development features as appropriate.
         (h)   The parking lot perimeter shall be landscaped with a minimum of one plant unit per 100 lineal feet (not to include ingress/egress dimensions).
In situations where the perimeter of the parking lot overlaps with the required transition area, whichever requirement is greater shall apply.
         (i)   Prior to planting, all interior areas shall be excavated to a depth of three feet and amended with a soil mixture consisting of one part screened topsoil, one part existing topsoil and two parts of organic compost, or an approved equivalent, with the exception of other soil mixtures as necessary to accommodate low impact development features. This requirement may be waived upon confirmation by the Planning, Building and Development Director that the pre-existing soil is suitable for planting and drainage, and that no amendments are necessary.
         (j)   All landscaped areas that are not planted in grass shall be mulched with a three-inch layer of shredded hardwood bark mulch or stone.
         (k)   A maintenance schedule shall be provided for review prior to approval of the landscape plan.
   (G)   Best management practices. With the incorporation of best management practices (BMPs), low impact development practices (LIDs), or other sustainable practices into the project, the Planning, Building and Development Director may allow the required landscaping to be reduced or arranged in a manner that will enhance the design concept. Refer to Appendix A for examples of BMP, LID, and sustainability features.
      (1)   Considerations shall include the following.
         (a)   To qualify for consideration, sustainability features such as swales or bio-filters shall be placed in islands or at the perimeter of the parking areas and shall be designed to improve the filtration and quality of stormwater runoff.
         (b)   Proposals to modify the type or quantity of landscape material may be allowed in exchange for the installation of plant species such as native trees, shrubs, grass, or perennials that will enhance the filtering capacity of the site and promote the use of diverse native species.
         (c)   Proposed swales or filters using a structural pervious surface may be used for parking or drive aisles provided the features are designed to withstand vehicular loads.
         (d)   At the discretion of the Planning, Building and Development Director, an increase in the on-site impervious surface ratio of up to 10% may be allowed on the site in exchange for the addition of BMP or LID features, provided that the total impervious surface ratio shall not exceed 80%.
      (2)   The following BMP/LID incentives are available subject to the above considerations:
 
BEST MANAGEMENT PRACTICE
INCENTIVES
Permeable pavement
Additional impervious surface
Can be used for parking/drive aisle
Reduced curb & gutter
Wheel stops in lieu of curb & gutter
Alteration of plant species/quantity
Structural soil
Additional impervious surface
Alteration of plant species/quantity
Vegetated swale or buffer bio-retention cell/rain garden
Additional impervious surface
Reduced curb & gutter
Wheel stops in lieu of curb & gutter
Alteration of plant species/quantity
 
      (3)   Provide both a short-term and long-term maintenance and management plan of BMP areas.
   (H)   Landscape standards for streets.
      (1)   Subdivision and local streets. Subdivision and local streets (including alleys) shall have two canopy trees per 100 feet of road frontage.
      (2)   Arterial/collector/freeway.
         (a)   Residential uses abutting an arterial or collector street or a freeway shall have three plant units per 100 feet of road frontage.
         (b)   Nonresidential uses abutting an arterial or collector street or a freeway shall have one plant unit per 100 feet of road frontage.
      (3)   Ultimate right-of-way provisions. 
         (a)   Where a parcel extends to the centerline of an existing street or where the existing street adjacent to the development site contains less than the right-of-way width specified in § 151.169, the landscape material shall be located no closer than the ultimate right-of-way line of local streets and no closer than one foot outside the ultimate right-of-way of collector streets, arterial streets, and freeways, unless the roadway authority provides written notice there is no immediate or foreseen future need to widen the right-of-way.
         (b)   No landscaping shall be located within the existing right-of-way of any public road without written consent of the highway authority having jurisdiction over the public road.
   (I)   Landscape standards for common open space.
      (1)   Applicability and standards. Residential subdivisions or residential developments containing common open space shall provide one-half plant unit of landscaping for each residential dwelling unit within the common open space.
      (2)   Location.
         (a)   Plant material shall be installed so it relates to the natural environment and habitat in which it is placed.
         (b)    Native vegetation or plant species shall be utilized in all instances unless site conditions or availability of species warrant the use of cultivars or similar materials compatible with the area.
Figure 151.167(H): Landscape Standards for Streets
   (J)   Landscape standards for transition areas.
      (1)   Applicability.
         (a)   A transition area shall be required when a residential use is adjacent to a nonresidential use.
         (b)   A transition area and associated landscaping shall be provided along the perimeter of all developments subject to the standards of this section.
      (2)   Transition landscape standards.
         (a)   The width of a required transition area shall be calculated as 20% of lot width, but in no case shall the transition area be any less than ten feet or more than 30 feet in width.
         (b)   Plant unit intensity shall be based on transition area width, and shall be calculated proportionately at one plant unit for every ten feet of transition area width.
         (c)   Subject to this width requirement, transition area landscaping shall be determined in accordance with the following Table 151.167(J):
Table 151.167(J): Perimeter Transition Landscape Requirements
(Plant Units Per 100 Linear Feet, Based on a 30-foot Transition Area)
Existing Site
Proposed Developing Site
Residential
Nonresidential
Vacant
Class 1
Class 2
Class 3
GO
LC
RC
GC
LI
II
O S
Vac. Res.
Vac. Non-Res.
AG
Table 151.167(J): Perimeter Transition Landscape Requirements
(Plant Units Per 100 Linear Feet, Based on a 30-foot Transition Area)
Existing Site
Proposed Developing Site
Residential
Nonresidential
Vacant
Class 1
Class 2
Class 3
GO
LC
RC
GC
LI
II
O S
Vac. Res.
Vac. Non-Res.
AG
Class 1
-
A*
-
2
2
Class 2
2
-
A*
-
2
2
Class 3
3
2
-
A*
-
2
2
GO
3+B or D
3+B or D
3+B or D
-
A
3
-
2
LC
3+B or D
3+B or D
3+B or D
1
-
A
3
-
2
RC
3+B or D
3+B or D
3+B or D
1
1
-
A
3
-
2
GC
3+B or D
3+B or D
3+B or D
2
1
1
-
2A
3
-
2
LI
3+C or E
3+C or E
3+C or E
2
2
2
2
-
2A
3
-
3
II
3+C or E
3+C or E
3+C or E
2
2
2
2
1
-
2A
3
-
3
OS
-
-
-
-
-
-
-
-
-
-
-
-
-
Notes:
Nonresidential uses allowed in the Agricultural and Residential Districts shall be subject to the transition landscape requirements of the LC Zoning District.
Class 1 = Detached house, village house or lot line house
Class 2 = Duplex, patio house, atrium house, twinhouse, multiplex, townhouse
Class 3 = Multi-dwelling
A = Split rail fence or other fence not to exceed 10% opacity
B = Fence (minimum 95% opacity), 6-foot minimum height
C = Wood fence (minimum 95% opacity), 8-foot minimum height with concrete footings
D = Earthen berm, 3-foot minimum height; not required for commercial solar or wind facilities
E = Earthen berm, 5-foot minimum height; not required for commercial solar or wind facilities
Plant units: one plant unit is comprised of all of the following: 1 canopy tree; 2 understory trees; 2 evergreen trees; and 7 shrubs.
* Fence permitted at the property line and no transition yard required, provided that no parking lot, active recreational area, or other structure is currently located within 30 feet of the adjoining property line on the OS-Zoned parcel.
 
      (3)   Location.
         (a)   All plant material within transition areas shall be installed within the required setback line of the proposed development site as close to the property line as practical.
         (b)   In instances where a drainage or utility easement are conterminous with the transition easement, the width of the transition area shall be increased so it does not compromise the function of the transition area plantings nor the utility or drainage easement.
Figure 151.167(J): Transition Area Landscaping
 
      (4)    Calculation of plant units. In calculating the number of plant units required, measurements shall be measured along the external dimensions of the property.
   (K)    Telecommunication and co-locate facilities. All new telecommunication towers and co-locate facilities shall require landscaping to be determined by amount, location and species on a site-specific basis.
   (L)   Exceptions.
      (1)    Plant material existing within a transition area of a proposed development site or on an adjacent parcel that has comparable composition and density to the minimum landscape standards of this section may be used to satisfy landscape requirements, provided that the plant material is designated and protected as permanent open space and further provided that, if the plant material is located on the adjacent property, a written agreement between both adjoining property owners is reached and recorded against both properties. In this instance, the existing plant material need not comply with the “species mix” standards of this section.
      (2)   A protected natural resource that exists on a proposed development site within the transition area or on an adjacent parcel may be counted toward meeting the transition landscape requirements of § 151.167(J), provided that the following minimum width is provided.
 
Mature Woodland
Young Woodland or Grove
Other Resources
30 feet
40 feet
100 feet
 
      (3)   If a development is proposed on a tract of land that exceeds the minimum lot area standard of the zoning district in which it is located, the landowner may designate a smaller area of parcel as the development site and provide landscaping in accordance with this section within the smaller development site area. In order to use this provision, the size of the designated development site and the remaining land area of the tract must both equal or exceed the minimum lot size and width standard of the underlying zoning district.
      (4)   Landscaping shall not be required for accessory uses or additions to principal uses, provided that:
         (a)   The accessory use or addition does not exceed 1,000 square feet of gross floor area or 2,000 square feet of impervious surface area; and
         (b)   The Planning, Building and Development Director determines that no adverse land use impacts will result.
   (M)   Transition agreements. In lieu of providing transition landscaping that complies with the minimum standards of this section, landowners of adjoining properties shall be entitled to enter into an agreement that provides for a waiver or partial waiver of the requirements. The agreement shall consider the relationship of the existing uses of each property and their ultimate development potential. The agreement shall state each owner’s obligation for preserving and maintaining the transition easements. The agreement shall be in the form of a covenant or deed restriction and shall require approval by the Planning, Building and Development Director. Once approved, the agreement shall be recorded with the Lake County Recorder and shall run with the land.
   (N)   Use of transition and common open space landscape areas.
      (1)   Passive recreation. Landscape areas may be used for passive recreation and may contain pedestrian, bicycle, or equestrian trails, provided that:
         (a)   No required plant material is eliminated and the survival potential of the plant materials is not compromised; and
         (b)   For the purpose of this provision, passive recreation includes activities associated with extremely low noise levels and individual activities, such as birdwatching, walking, jogging, bicycling, horseback riding, and picnicking. Motorized activities of any kind are not included, nor are activities that involve competition, large groups or special facilities such as tennis courts, ski hills, skating rinks, or swimming pools. Lighting, if provided, shall be extremely low level and associated with pedestrian walkways in a “campus-like” setting.
      (2)   Drainage and utility easements. Drainage and utility easements may be allowed within transition and common open space landscape areas, provided that the easement and landscape requirements are compatible and the function of the easement is not adversely affected.
      (3)   Structures. No structures, other than those allowed by the Planning, Building and Development Director pursuant to this subsection (N)(3), shall be permitted within transition and common open space landscape areas. The Planning, Building and Development Director shall be authorized to allow signs, decorative fences, and other accessory structures within transition and common open space landscape areas, provided that the structures will not detract from the intended purpose and function of the landscape easement and no plant material is eliminated.
   (O)   Installation, maintenance, and replacement.
      (1)   Installation.  
         (a)   All landscaping shall be installed according to sound nursery practices in a manner designed to encourage vigorous growth. Where possible, best management practices should be incorporated (see Appendix A). Properly amended soil shall be provided in all planting areas, and subsurface drainage shall be provided where berms, elevated areas, or other suitable means for providing proper drainage do not exist.
            1.   All lawn and planting areas shall be cultivated to a minimum depth of six inches and amended with a mixture consisting of one part existing topsoil and two parts organic compost, or an approved equivalent.
            2.   When not specifically waived pursuant to subsection (F)(2)(j) above, planting islands shall be excavated of compacted soil to a depth of three feet and be backfilled with a soil mix consisting of one part screened topsoil, one part existing topsoil and two parts of organic compost or an approved equivalent with the exception of other soil mixtures as necessary to accommodate low impact development features.
            3.   Individual planting pits shall be a minimum two times the width of the root ball of the plants.
         (b)   Installation inspections shall be conducted at the time the planting areas area prepared so that verification of planting pit size and soil amendments can be completed. The office of the Planning, Building and Development Director should be contacted to arrange for inspections and associated inspection fees.
      (2)   Maintenance and replacement. Required trees, shrubs, structures, and other landscape features shall be considered as elements of the project in the same manner as parking, building materials, and other details are elements of the plan. The property owner, or successors in interest, shall be jointly and severally responsible for the following:
         (a)   All landscaping shall be maintained in good condition and in a manner that presents a healthy, neat, and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds, and litter. Maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching, or other care, as needed. All maintenance shall be performed in accordance with acceptable horticultural practices;
         (b)   The repair or replacement of required landscape structures (e.g., fences) to a structurally sound condition;
         (c)   The regular maintenance, repair, or replacement, where necessary, of any landscaping required by this section;
         (d)   Continuous maintenance of the site as a whole; and
         (e)   The Planning, Building and Development Director shall be authorized to require documented assurance of continued landscape performance and/or maintenance in the form of a condition, covenant, contract, development agreement or performance/maintenance assurance to assure installation and, for a minimum one-year period, the continued maintenance of landscape improvements associated with a development. The amount of the performance assurance shall be at least 130% of the estimated cost of the required landscape improvements. The maintenance assurance shall be equal to at least 10% of the performance assurance. Notwithstanding the above, the Planning, Building and Development Director shall be authorized to reduce or waive the maintenance assurance, provided the landscape features incorporate best management practices and/or low impact development features contained in Appendix A. Any performance and/or maintenance assurance required by the Director shall be administered in accordance with the provisions of § 151.203 of this chapter.
(Ord., § 9.3, passed 10-13-2009; Ord. passed 8-14-2012; Ord. 19-1378, passed 9-10-2019; Ord. 23-0675, passed 5-9-2023; Ord. 24-0207, passed 3-12-2024; Ord. 24-0924, passed 8-13-2024)

§ 151.168 OUTDOOR LIGHTING.

   (A)   Applicability.
      (1)   General. Unless otherwise expressly stated, the provisions of this section shall apply to all outdoor lighting except lights on lots containing single family detached houses, public street lights, and the exempt active outdoor recreational uses specified in the following subsection (A)(2).
      (2)   Exempt active outdoor recreational uses. Because of their unique requirements for nighttime visibility and their limited hours of operation, active outdoor recreational facilities within a public park and schools shall be exempt from the outdoor lighting standards of this section. Exempt active outdoor recreational uses shall be subject to the following requirements in addition to the general standards applicable to all outdoor lighting contained in subsection (A)(3) below:
         (a)   Exempt outdoor recreational uses shall not exceed a maximum permitted post height of 50 feet;
         (b)   Light sources or luminaires shall not be located within landscape areas except on pedestrian walkways; and
         (c)   Lights shall not be illuminated after 11:00 p.m.
      (3)   General standards applicable to all outdoor lighting. Outdoor lighting shall comply with the following standards:
         (a)   Outdoor lighting shall not exceed one-half footcandle at any point on the adjoining property if the subject property abuts a residential zoning district or a lot containing a residential use;
         (b)   Outdoor lighting shall not exceed one footcandle at any point on the adjoining property if the subject property abuts a nonresidential zoning district or lot containing a nonresidential use or at the right-of-way line;
         (c)   All luminaires shall be shielded to prevent light and glare spillover to adjacent residential property and abutting rights-of-way;
         (d)   No flickering or flashing lights, search lights, laser source lights or mercury vapor lamps shall be permitted; and
         (e)   Subject to the above standards, security lighting shall be installed on the site of nonresidential development in accordance with industry standards for security lighting.
   (B)   Measurements.
      (1)   Metering equipment. Lighting levels shall be measured in footcandles with a direct-reading, portable light meter. The meter shall read within an accuracy of plus or minus 5%. It shall have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within one year of the date of its use.
      (2)   Method of measurement. The meter sensor shall be mounted not more than six inches above ground level in a horizontal position at the property line. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading. Measurements shall be made after dark with the light sources in question on, then with the same sources off. The difference between the two readings shall be compared to the maximum permitted illumination. This procedure eliminates the effects of moonlight and other ambient light.
(Ord., § 9.4, passed 10-13-2009; Ord. 19-1378, passed 9-10-2019)

§ 151.169 TRAFFIC AND ACCESS.

   (A)   Street classifications. Classification is the process by which streets are grouped into categories or classes according to the character of service provided. Factors that determine the classification of streets include the width of the roadway, continuity of alignment, spacing of intersections, frequency of the points of access, and traffic controls. Streets have two functions: to provide mobility and to provide access to land. There are four basic classifications: freeway, arterial, collector, and local.
      (1)   Local streets. Local streets provide access to adjacent land, provide service to travel short distances, provide the lowest level of mobility for through travel, and provide access service to other streets. Service to through traffic is discouraged. The minimum ultimate right-of-way width of local streets is 60 or 66 feet (depending on design), unless otherwise established through the subdivision approval process of § 151.191.
      (2)   Collector streets. Collector streets serve as intracounty travel corridors channelizing and distributing traffic to and from arterial and local streets. Collector streets often provide service by connecting urban areas, large developments, and other land uses of intracounty importance. The minimum ultimate right-of-way width of collector streets is 100 feet.
      (3)   Arterial streets. Arterial streets serve or connect major urban activity centers, are high volume travel corridors, provide for long trip desires, and form an integrated network providing intercounty and interstate service. Arterial streets channelize and distribute traffic to and from collector streets and freeways. Access to abutting land uses is subordinate to the provision of travel service for major traffic movements. The minimum ultimate right-of-way width of arterial streets is 120 feet.
      (4)   Freeways. Freeways serve or connect metropolitan areas, carrying the major portion of trips entering or leaving an urban area as well as the majority of through trips bypassing these areas. Freeways are high volume traffic corridors and carry a high proportion of the total area travel with a minimum of total mileage. Access to freeways is fully or partially controlled. The minimum ultimate right-of-way width of freeways is 200 feet.
      (5)   Designated freeways. Designated freeways are those streets so designated as provided for in 605 ILCS 5/8. Collector streets, arterial streets and freeways as classified by this chapter may all, in addition, be designated as designated freeways. Access to designated freeways shall be determined by the highway authority having jurisdiction over the designated freeway from which access is being taken. The minimum ultimate right-of-way width of a designated freeway shall be the same as for freeways.
   (B)   Street classifications map. See Appendix B.
   (C)   Street access.
      (1)   An access permit shall be obtained from the highway authority with jurisdiction over the street from which access is proposed to be taken. When the highway authority has not established access standards, the standards of the Lake County Division of Transportation shall apply.
      (2)   Each lot shall take access to an improved, approved street.
   (D)   Access easements.
      (1)   If a parcel is to be developed with any nonresidential land use, an access easement shall be provided by the property owner to adjoining properties which front on the same street and which may be developed or are developed with nonresidential land uses. Access easements shall have a minimum width of 30 feet and shall be situated parallel to the street right-of-way line abutting both parcels and at the ultimate right-of-way line unless otherwise established through the subdivision approval process. Access easements shall be maintained by the property owner.
      (2)   The Planning, Building and Development Director, after consultation and written consent of the highway authority having jurisdiction, may waive the requirement for an easement of access required above in those cases where unusual topography or site conditions would render the easement of no useable benefit to adjoining properties.
      (3)   The Planning, Building and Development Director, after consultation and written consent of the applicable highway authority, may approve the abandonment of an easement of access in those cases where adjoining parcels are subsequently developed with a residential use.
   (E)   Fire and emergency vehicle access. Fire and emergency vehicle access shall be provided in accordance with the Fire Code.
(Ord., § 9.5, passed 10-13-2009)

§ 151.170 SEWER AND WATER FACILITIES.

   (A)   Residential; requirements for community systems. Community sewer and water supply systems shall be required for all residential uses in all residential zoning districts, with the following exceptions.
      (1)   In all residential zoning districts, if community water facilities are not available within 250 feet at the time of initial development (measured from the lot line of the subject lot), another approved water source may be employed.
      (2)   Residential development in the R-1, Estate, Rural Estate and Agricultural Zoning Districts may utilize on-site sewage disposal systems regardless of lot size and lot width.
      (3)   (a)   Detached houses may be constructed in the R-2, R-3, R-4, R-4A, R-5, R-6, and RR Zoning Districts prior to the establishment of required community sewer systems on parcels containing at least 40,000 square feet of lot area and 130 feet of lot width.
         (b)   These width and area requirements shall not apply to legal nonconforming parcels.
 
COMMENTARY:
Community water or sewage disposal facilities that would be available only from a municipality are not considered “available” for the purposes of interpreting the provisions of §
151.170. Individual sewage disposal systems may be used for detached houses if they comply with Lake County Health Department standards. Additionally, alternative water sources in lieu of community water systems may be employed if they comply with Lake County Health Department standards.
   
   (B)   Nonresidential.
      (1)   Community water supply systems shall be required for all nonresidential uses, provided that if community water facilities are not available within 250 feet at the time of initial development (measured from the lot line of the subject lot), another approved water source may be employed if the systems comply with the requirements of the Lake County Health Department.
      (2)   Nonresidential uses that generate more than 1,500 gallons of wastewater per day, as determined by the Lake County Health Department, shall be allowed only when served by community sewer facilities.
(Ord., § 9.6, passed 10-13-2009; Ord. passed - -)

§ 151.171 ARCHITECTURAL STANDARDS.

   (A)   Purpose. The purpose of these standards is to promote attractive well-designed development that is built to human-scale; to encourage creativity in new development (as opposed to homogeneity or “look-alike” projects); and to foster attractive streetscapes and pedestrian environments, while accommodating vehicular movement and access.
   (B)   Applicability. These standards shall apply to all developments that are subject to design review (see § 151.053).
   (C)   Prohibited building materials. The following materials shall not be used as exterior building materials and shall be prohibited on all exterior walls:
      (1)   Concrete finishes or precast concrete panels (tilt wall) that are not exposed aggregate, hammered, sandblasted, or covered with a cement-based acrylic coating shall be prohibited;
      (2)   Metal panels with a depth of less than one inch or a thickness less than U.S. standard 26 gauge shall be prohibited; and
      (3)   Mirrored glass with a reflectance greater than 40% shall be prohibited from covering more than 40% of the exterior walls of any building.
   (D)   Building orientation. To the maximum extent feasible, primary facades and entries shall face an adjacent street. Except in industrial districts, a main entrance shall face the adjacent street or a connecting walkway with a direct pedestrian connection to the street without requiring pedestrians to walk through parking lots or cross driveways.
   (E)   Massing. Single, large building masses shall be avoided. Structures with walls of more than 1,500 square feet must incorporate fascias, canopies, arcades, building setbacks of three feet or more, or other multidimensional design features to break up large wall surfaces on their street facing elevations. Wall surfaces must visually be divided by the features into areas of 750 square feet or less.
(Ord., § 9.7, passed 10-13-2009)

§ 151.172 INTERSECTION VISIBILITY.

   (A)   Notwithstanding any other standard of this chapter, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede or obstruct vision between a height of three feet and ten feet above the road crown within an imaginary area formed by a point on each street centerline located:
      (1)   One hundred feet from the intersection of local street centerlines and a third line connecting the two points; or
      (2)   One hundred thirty feet from the intersection of collector or higher category street centerlines and a third line connecting the two points.
   (B)   This provision may be modified by the Planning, Building and Development Director after consulting with the subject highway authority. (See Figure 151.172(B).)
Figure 151.172(B): Intersection Visibility
 
COMMENTARY:
The area described in §
151.172 shall be referred to as the “intersection visibility triangle”.
 
(Ord., § 9.8, passed 10-13-2009; Ord. passed 8-14-2012)

§ 151.173 SIGNS.

   (A)   General.
      (1)   Purposes. The purposes of these sign regulations are to:
         (a)   Permit the effective use of signs as a means of communication in the county;
         (b)   Maintain and enhance the aesthetic environment and the ability of the county to attract sources of economic development and growth;
         (c)   Maintain pedestrian and traffic safety and minimize the distractions, hazards, and obstructions caused by signs;
         (d)   Minimize the possible adverse effects of signs on nearby public and private property; and
         (e)   Enable the fair and consistent enforcement of these sign regulations.
      (2)   Applicability. Signs may be erected, placed, established, painted, created, or maintained only in conformance with the provisions of this section.
   (B)   Computations and measurements.
      (1)   Sign area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral section of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when the supporting device otherwise meets the regulations of this chapter and is clearly incidental to the display itself.
      (2)   Area of double-faced signs. Where the sign faces of a double-faced sign are parallel or the interior angle formed by the faces is 90 degrees or less, only one display face shall be counted in computing sign area. If the two faces of a double-faced sign are of unequal area, the area of the sign shall be the area of the larger sign face. In all other cases, the areas of all faces of a multi-faced sign shall be added together to compute the area of the sign.
      (3)   Height. The height of a sign shall be computed as the distance to the highest point of the sign or sign structure, measured from the elevation of the road to which it is oriented, or, if there is no road, from the natural ground elevation beneath the sign.
      (4)   Wall area. In computing the area of a wall only the first 12 feet of building height shall be used.
      (5)   Maximum total permitted sign area for a lot. The permitted sum of the area of all individual signs on a lot shall be computed by applying the formula set out in Table 151.173(H), Maximum Total Sign Area, to the lot frontage, building frontage, or wall area, as specified in the table. Lots fronting on two or more streets shall be allowed the stated sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot’s total sign area allocation that is derived from the lot, building, or wall area frontage on that street.
   (C)   Location.
      (1)   Visibility triangles. All signs shall be located outside of required visibility triangles in accordance with § 151.172.
      (2)   Landscaping. Signs may be located within required landscaping if the Planning, Building and Development Director determines that the intent of the landscaping regulations will not be adversely affected.
      (3)   Right-of-way. All signs shall be located outside the public right-of-way.
   (D)   Signs exempt from regulation. The following signs shall be exempt from regulation under this section:
      (1)   Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;
      (2)   Any sign inside a building, not attached to a window or door that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which the sign is located;
      (3)   Holiday lights and decorations with no commercial message, not to exceed 60 days per year;
      (4)   Traffic control signs on private property, such as “stop”, “yield”, and similar signs, the faces of which contain no commercial message of any sort;
      (5)   Merchandise display signs not exceeding four square feet in area;
      (6)   Barber poles not exceeding 12 inches in diameter and six feet in height;
      (7)   Vending machines;
      (8)   Tombstones;
      (9)   Works of art that do not contain any commercial message and are not intended to attract attention to the type of business or activity conducted on the premises;
      (10)   Fuel pumps; and
      (11)   Mailboxes.
   (E)   Prohibited sign types. All signs not expressly permitted under this section or exempt from regulation are prohibited. The signs include but are not limited to:
      (1)   Animated signs;
      (2)   Beacons;
      (3)   Bench signs;
      (4)   Directional signs, except as allowed by subsection (G)(5)(h)3.d.;
      (5)   Flashing signs;
      (6)   Pennants;
      (7)   Strings of lights not permanently mounted to a rigid background, unless expressly exempted;
      (8)   Inflatable signs and tethered balloons;
      (9)   Portable signs;
      (10)   Roof signs;
      (11)   Signs that by their position, working, illumination, size, shape or color, obstruct, impair, obscure, or interfere with traffic signs, signals, or devices;
      (12)   Signs that mimic official traffic control signs and devices;
      (13)   Signs that obstruct any window, door, fire escape, stairway, or opening intended to provide light, air, ingress, or egress for any building that would cause a violation of building codes; and
      (14)   Illuminated signs that cause glare onto traffic or adjacent property.
   (F)   Zoning district classes. For the purpose of this section, zoning districts are grouped into the following classes:
      (1)   Residential = AG, RE, E, RR, and all R Districts;
      (2)   Nonresidential = GO, LC, RC, GC, LI, and II; and
      (3)   Institutional = OS Zoning District, nonresidential use allowed in the AG District and nonresidential uses permitted in residential districts.
   (G)   Permitted sign types. Signs shall be allowed in accordance with Table 151.173(G), Permitted Sign Types.
      (1)   Signs permitted without permits. An “A” indicates that a sign type is allowed in the
respective zoning district without a permit. Signs permitted without permits are subject to all other applicable regulations of this section.
      (2)   Signs requiring permits. A “P” indicates that a sign type is permitted in the respective zoning district only after a sign permit for the subject sign has been obtained in accordance with § 151.055. The signs shall be subject to all other applicable regulations of this section.
      (3)   Signs not allowed. An “N” indicates that a sign type is not allowed in the respective district.
      (4)   Special sign standards. Special sign standards that apply to certain types of signs are indicated in the permitted sign types table by [bracketed] letters.
Table 151.173(G): Permitted Sign Types
Sign Type
Zoning District Class
Residential
Nonresidential
Institutional
Table 151.173(G): Permitted Sign Types
Sign Type
Zoning District Class
Residential
Nonresidential
Institutional
Freestanding Signs
Electronic message board
N
P[k]
P[k]
Entrance
P[c]
P[c]
P[c]
Identification
A[d]
A[d]
A[d]
Incidental
A[e]
A[e]
A[e]
Residential
A[g]
N
N
Temporary
A[h]
P[h]
P[h]
Other
N
P
P
Building Signs
Banner
N
P[a]
P[a]
Building marker
A[b]
A[b]
A[b]
Canopy
N
P
N
Electronic message board
N
P[k]
P[k]
Entrance
P[c]
P[c]
P[c]
Identification
A[d]
A[d]
A[d]
Incidental
A[e]
A[e]
A[e]
Projecting
N
P[f]
P[f]
Residential
A[g]
N
N
Suspended
N
P[f]
P[f]
Temporary
A[h]
P[h]
P[h]
Time/temperature
N
A
A
Wall
N
P[i]
P[i]
Window sign
N
A[j]
A[j]
Residential = AG, RE, E, RR, and R
Nonresidential = GO, LC, RC, GC, LI, and II
Institutional= OS District and nonresidential uses in residential districts
 
      (5)   Special sign standards.
         (a)   Banners. See subsections (J) and (K) below.
         (b)   Building markers.
            1.   Residential districts. Building markers in residential districts shall be not greater than two square feet in area.
            2.   Nonresidential and institutional districts. Building markers in nonresidential and institutional districts shall be not greater than four square feet in area.
         (c)   Entrance signs.
            1.   Residential districts. One entrance sign shall be allowed per entrance within a residential development. Entrance signs shall not exceed 40 square feet in area, with a maximum height of six feet and a minimum setback of seven and one-half feet from all rights-of-way. Entrance signs for residential development shall be allowed in addition to all other allowed signage within a development and shall not be counted in calculating a site’s maximum allowed signage.
            2.   Nonresidential and institutional districts. Entrance signs in nonresidential and institutional districts shall comply with all other applicable standards of this section and shall be counted in calculating a site’s maximum allowed signage.
         (d)   Identification signs.
            1.   Residential districts. Identification signs in residential districts shall be no larger than two square feet in area. Identification signs may carry only the property address and occupant name. They shall carry no commercial message.
            2.   Nonresidential and institutional districts. Identification signs in nonresidential and institutional districts shall be not greater than ten square feet in area. Identification signs may carry only the property address and occupant name. They shall carry no commercial message.
         (e)   Incidental signs. The size of incidental signs shall not exceed two square feet. Incidental signs shall not be counted toward the maximum number of signs permitted on a lot.
         (f)   Projecting and suspended signs. Projecting or suspended signs shall have at least nine feet of vertical clearance between the ground beneath the sign and the bottom of the sign. Projecting or suspended signs shall not encroach into any street rights-of-way.
         (g)   Residential signs. Residential signs shall carry no commercial message except for a message identifying a permitted bed and breakfast use.
         (h)   Temporary signs. Temporary signs shall be allowed in addition to all signs allowed under this section and shall not be counted in calculating a site’s maximum allowable signage. Temporary signs shall be subject to the following standards.
            1.   Setbacks and height. Temporary signs are subject to the setback and height standards of subsection (I) below.
            2.   Location. Temporary signs shall be located only on the site for which the sign is requested.
            3.   Residential, nonresidential, and institutional districts. The following types of temporary signs shall be allowed in residential, nonresidential, and institutional zoning districts. The signs shall be located only on private property, outside of the public right-of-way.
               a.   Construction signs. One temporary sign, up to 12 square feet in area, shall be permitted for the duration of an allowed construction project.
               b.   Temporary uses and special events. One temporary sign, up to 16 square feet in area, shall be permitted per entrance or per road frontage for temporary uses and special events for which a temporary use permit has been issued in accordance with § 151.114(B). In any event, the total number of signs for a temporary use or a special event shall not exceed two. The signs shall be allowed for the duration of the temporary use permit or such other time as expressly established at the time of approval of the temporary use permit.
               c.   Real estate signs. One temporary real estate (“for sale” or “for rent”) sign shall be permitted per road or water frontage per parcel. In any event, the total number of signs per parcel shall not exceed two. Temporary real estate signs shall not exceed six square feet in area in RE, E, R-1, R-2, and R-3 Districts, 12 square feet in area in AG (for parcels less than ten acres), R-4, R-4A, R-5, and R-6 Districts, and 32 square feet in area in AG (for parcels ten acres and greater) and nonresidential districts. Real estate signs shall be permitted only on the property for sale or for rent, and shall not be permitted off-site.
               d.   Directional signs. One temporary directional sign, up to four square feet in area, shall be permitted per development or per each 1,000 linear feet street right-of-way within a development. Directional signs shall be allowed during the time that lots are being marketed. Directional signs shall contain no commercial message other than the name of the developer/builder.
               e.   Election signs. Temp-orary election signs shall be allowed without a permit.
               f.   Subdivision marketing signs. One temporary sign, not to exceed 96 square feet, may be permitted per external road frontage for marketing lots within a subdivision that has received final plat approval in accordance with the provisions of this chapter. The signs shall be set back a minimum of 30 feet from the right-of-way and shall not exceed 15 feet in height. The subdivision signs shall be permitted only during the time lots offered for sale remain unsold. Permits for the signs shall be issued for a one-year period and may be renewed for additional one-year periods to allow time for reasonable display, up to a maximum of five years. Subdivision marketing signs shall be permitted only on the property for sale, and shall not be permitted off-site.
         (i)   Wall signs. See subsections (J) and (K) below.
         (j)   Window signs. See subsections (J) and (K) below.
         (k)   Electronic message boards. Electronic message boards are allowed, subject to the following standards.
            1.   The electronic message board component of a freestanding sign may comprise no more than 60% of the sign’s total allowed sign face area. The electronic message board component of a building sign shall not exceed 48 square feet in a nonresidential zoning district class and 36 square feet in an institutional zoning district class.
            2.   Freestanding electronic message boards must be mounted on a base with a width that is at least 75% of the width of the sign’s face, based on the greatest horizontal dimension of the sign face.
            3.   The maximum height of the electronic message board component of a freestanding sign shall be 12 feet as measured from the ground elevation to the highest point on the electronic message board component. This provision shall not apply to the electronic message board component of a building sign.
            4.   a.   The message area of an electronic message board sign may be illuminated by incandescent lamps, LED (light emitting diodes), or magnetic discs. Whatever the light source, undue brightness is prohibited. For the purpose of enforcing this provision, undue brightness will be construed to mean illumination of a white portion of the sign in excess of the intensity levels specified below:
 
Day:
5,000 nits
Night:
1,000 nits
 
               b.   To ensure compliance with this provision, the sign must have an automatic phased proportional dimmer, which must be used to reduce nighttime brightness levels (compared to daytime brightness levels). Further, prior to the issuance of a permit for an electronic message board sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the levels specified above, and the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate by the Planning, Building and Development Director.
            5.   Any individual letter scrolling or otherwise displayed on the electronic message board shall remain illuminated and visible for at least two seconds.
            6.   The message shall not flash. Any message that remains visible for less than two seconds shall be considered as flashing.
            7.   A zoning lot shall be allowed one message board. A message board sign shall be allowed along a collector or arterial street, but shall not be allowed along a local street.
            8.   Electronic message board signs are prohibited within 100 feet of a principal residential structure if any part of the sign face would be visible from the principal residential structure.
 
COMMENTARY:
At the time of filing the application, the applicant will have to demonstrate that standard (G)(5)(k)8. is met. This may be accomplished either by showing that this standard is not applicable or by submitting a landscape plan or a plan referencing other means of screening that would buffer the sign face from the principal residential structure.
 
   (H)   Maximum total sign area per lot. The sum of the area of all building and freestanding signs on a lot shall be less than or equal to the maximum permitted sign area indicated in Table 151.173(H), Maximum Total Sign Area Per Lot. The lowest number resulting from any of the applicable alternative computations in any column in Table 151.173(H) shall be the maximum total sign area permitted for the respective district class.
Table 151.173(H): Maximum Total Sign Area Per Lot
Zoning District Class
Residential
Nonresidential
Institutional
Table 151.173(H): Maximum Total Sign Area Per Lot
Zoning District Class
Residential
Nonresidential
Institutional
Per foot of street frontage (square feet)
N/A
1
0.25
Per linear foot of building frontage (square feet)
N/A
2
0.50
Maximum on vacant land (square feet)
12
60
30
Absolute maximum (square feet)
18
500 [1]
300
[1] The absolute maximum restriction for signage within corporate headquarters or corporate campuses (occupied by a single corporate user) containing at least 250,000 square feet of floor area shall be 3,000 square feet.
 
   (I)   Number and dimensions. All allowed signs shall comply with the standards of Table 151.173(I).
Table 151.173(I): Number and Dimension of Individual Signs
Zoning District Class
Residential
Nonresidential
Institutional
Table 151.173(I): Number and Dimension of Individual Signs
Zoning District Class
Residential
Nonresidential
Institutional
Freestanding Signs
Maximum height (feet)
5
30
15
Maximum sign area (square feet)
6 [1]
80 [4]
60
Maximum number [2]
1*
1 or 1 per 200 ft. street frontage
Minimum setback (feet) [3]
7.5
10
7.5
Building Signs
Maximum number (see § 151.173(J))
1
No maximum
Maximum area (percent of the wall area to which it is attached)
N/A
10
10
Maximum area (square feet)
2
N/A
N/A
*1 per road entrance or driveway
N/A = Not applicable
[1] Maximum size restriction does not apply to residential development entrance signs.
[2] Maximum number does not include temporary signs, residential development entrance signs or incidental signs.
[3] All signs shall comply with the intersection visibility standards of § 151.172.
[4] The maximum size restriction for individual signs for corporate headquarters or corporate campuses (occupied by a single corporate user) containing at least 250,000 square feet of floor area shall be 400 square feet when the signs are adjacent to rights-of-way; however, when signs are located adjacent to an interstate highway, they may be 1,000 square feet.
 
   (J)   Building signs in nonresidential districts. Building signs in nonresidential districts shall be subject to the standards of Table 151.173(J).
Table 151.173(J): Building Signs in Nonresidential Districts
Sign Type
Number Permitted
Maximum Area
Vertical Clearance
Table 151.173(J): Building Signs in Nonresidential Districts
Sign Type
Number Permitted
Maximum Area
Vertical Clearance
Banner
1 per building
5% of wall area
9 feet
Canopy
1 per building entrance
16 square feet
9 feet
Projecting
1 per principal building
5% of wall area
9 feet
Roof, integral
2 per principal building
5% of wall area
N/A
Suspended
1 per building entrance
5% of wall area
9 feet
Wall
No limit
10% of wall area
N/A
Window
No limit
25% of window area
N/A
N/A = Not applicable
 
   (K)   Sign characteristics. All allowed signs shall comply with Table 151.173(K), Permitted Sign Characteristics.
 
Table 151.173(K): Permitted Sign Characteristics
Characteristic
District Class
Residential
Nonresidential
Institutional
Changeable copy
No
Yes
Yes
Illumination, exposed bulbs or neon
No
Yes
No
Illumination, external
Yes
Yes
Yes
Illumination, internal
No
Yes
Yes
 
   (L)   Design, construction, and maintenance. All signs shall be designed, constructed, and maintained in accordance with the following standards.
      (1)   All signs shall comply with the applicable provisions of the current Building and the Electrical Code of the county and shall be maintained in good structural condition, in compliance with all building and electrical codes.
      (2)   Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this section, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
   (M)   Signs in the public right-of-way. No signs shall be permitted in the public right-of-way, except for those signs erected by or on behalf of the highway authority having jurisdiction over the subject right-of-way.
   (N)   Flags. Flags do not require a permit but are subject to the size and location limitations below:
      (1)   The total area of all flags on a lot shall not exceed 60 square feet in area;
      (2)   No flag shall be flown from a pole that exceeds 40 feet in height;
      (3)   If a flag is mounted to a building, the vertical clearance from ground level when limp shall not be less than nine feet; and
      (4)   No flags shall be mounted above the roofline of a structure.
   (O)   Non-commercial signs, not otherwise classified. The signs do not require a permit but are subject to the requirements of Table 151.173(I).
(Ord., § 9.9, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed - -)