The minimum lot, yard and height requirements herein set forth shall prevail in all cases, except as follows:

   (a)   Existing Nonconforming Lots. A single-family dwelling may be constructed as a permitted use in any R District on a nonconforming lot if the following conditions are satisfied:

      (1)   At the time of this Zoning Ordinance such lot is in existence as a separate entity.

      (2)   At the time of this Zoning Ordinance the owner of such lot does not own an adjoining lot.

      (3)   The plan for the lot and for the proposed single-family dwelling shall be in at least seventy percent (70%) compliance with each of the following requirements for single-family dwellings as specified in the district in which the lot is located: lot area, lot width, rear yard, side yard and maximum building coverage.

   (b)   Height Limitations. Height limitations need not apply to church spires, cupolas and domes, monuments, water towers, chimneys, smokestacks, silos, flag poles, radio and television towers, masts and aerials and parapet walls extending not more than four feet above the limiting height of the building.

   (c)   Front Yard Exceptions. Where forty percent (40%) of the lots of a block is occupied by buildings, the average setback of such buildings determines the dimensions of the front yard in the block, but the maximum front yard need not exceed thirty-five (35) feet from the lot line. Provided however, that in the event an unimproved lot is situated between two improved lots, each having a principal building within twenty feet of the side lot line of an unimproved lot, the front yard may be reduced to a depth equal to that of the greater front yard of the two adjoining lots, provided, however that it may not be reduced to below ten (10) feet.

      (Ord. 310. Passed 9-16-96.)

   (a)   Through Lots. On lots extending from one street to another a front yard is required on each street.

   (b)   Side Yard of a Corner Lot. The side yard of a corner lot which abuts a street shall be no less than the required front yard for that street.

   (c)   Corner Lots. No obstruction to vision such as building, fences, trees, plants or signs exceeding two (2) feet in height shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of- way line of each street extended to a point and a line drawn between two points each located twenty-five (25) feet from the street intersection. (See Diagram 2, following Article 1303).

(Ord. 310. Passed 9-16-96.)

   (a)   Accessory Garages. Accessory garages in residential areas, unless a part of the principal building, shall conform with all front, side and rear yard requirements for the principal building and shall not consume more than fifty percent (50%) of the first floor area of the principal building.

   (b)   Lot Utilization for Driveway and Parking. Except when necessary to meet off- street parking requirements, not more than twenty percent (20%) of the area of the front yard nor more than fifty percent (50%) of the area of the rear yard shall be utilized for driveways or parking in a residential district.

   (c)   Private Outdoor Swimming Pools. A private outdoor swimming pool is permitted as an accessory use to a residential structure provided that: such swimming pool is for the private use of the residents of the dwelling unit or for their guests; the swimming pool is protected by a six-foot high fence with an entryway that locks; such swimming pool is not located closer than ten feet to any property line.

   (d)   Regulations for Ground Satellite Stations.

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

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

         B.   Such ground stations or antennas shall contain no graphic message or advertising.

         C.   Ground-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:

            1.   Such stations or antennas not mounted on the roof of a primary or accessory structure shall be located to the rear of the principal building or structure and shall not exceed an above-grade height of two feet greater than the diameter of the satellite dish. No dish shall exceed twelve feet in diameter.

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

            3.   Such stations or antennas shall be mounted in a concrete base in line with grade and only supports of rust-resistant metal shall be utilized.

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

            5.   Such stations or antennas shall be designed to withstand a wind force of up to seventy (70) miles per hour without the use of supporting guy wires.

         D.   Roof-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:

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

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

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

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

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

         A.   Such ground stations or antennas shall contain no graphic message or advertising.

         B.   Ground-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:

            1.   Such stations or antennas not mounted on the roof of a primary or accessory structure shall be located to the rear of a principal building or structure and shall not an aboveground height of two feet greater than the diameter of the satellite dish. No dish shall exceed twelve feet in diameter.

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

            3.   Such stations or antennas shall be mounted in a concrete base in line with grade and only supports of rust-resistant metal shall be utilized.

            4.   Wiring between such station and any other structure shall be placed underground.

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

         C.   Roof-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:

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

   (e)   Utility buildings and storage sheds not exceeding 12 feet by 16 feet in size shall only be required to maintain a setback of 6 feet from the side and 6 feet from the rear property lines. Any structure larger than 12 feet by 16 feet shall be deemed an accessory structure and shall be governed by subsection (a) hereof.

   (f)   Fences shall be allowed by permit; however, no fence exceeding 8 feet (96 inches) in height shall project past the front of the structure it is surrounding.

(Ord. 310. Passed 9-16-96.)

   (a)   Purpose: The purpose of this sign section is to:

      (1)   Protect any person's Constitutional right to freedom of speech;

      (2)   Protect the public health, safety, convenience, comfort, and general welfare.

   (b)   Objective: This section regulates the time, place and manner in which signs are displayed to achieve the following:

      (1)   Permit noncommercial signs on any private property within the City, subject to the provisions of this Article;

      (2)   Permit signs without unconstitutionally regulating the information displayed by each sign;

      (3)   Permit signs that do not constitute a hazard to the public safety;

      (4)   Permit commercial signs appropriate to the land use and/or zoning classification of each property within the City.

      (5)   Create a more aesthetically-pleasing City;

      (6)   Eliminate visual clutter within the City.

   (c)   Exempt Signs. The following signs shall be exempt on the basis that they implement a compelling government interest in protecting the health and safety of persons and property in the City, and shall not require permits.

      (1)   Temporary or permanent signs, including banners, erected and maintained by the City, Council, State or Federal Government for traffic direction, or for direction to or identification of an historic site or structure, government facility, or event as declared by the Mayor.

      (2)   Directional ground signs not to exceed two signs per driveway indicating entrance and exit locations with size not to exceed three (3) square feet per sign face and four (4) feet in height.

      (3)   Flags, emblems and insignias of national, state or local political subdivisions.

      (4)   Name and/or address descriptions mounted to the front wall of a building, lamp post, or similar post in the front yard not to exceed two (2) square feet in area.

      (5)   Any window sign located inside or behind a window shall not be subject to the provisions of this section, except to comply with the Prohibited Signs subsection, provided that the window sign is located in a building where a commercial or industrial use is permitted as a principal use and provided that it is not more than 50% of any window area.

      (6)   Flags which are considered to be home flags that are placed to show spirit, pride or some type of season or activity

   (d)   Prohibited Permanent and Temporary Signs. All signs not expressly permitted under this section or exempt from these regulations under the previous subsection are prohibited in the City; such signs include but are not limited to:

      (1)   Abandoned signs;

      (2)   Beacons and searchlights, except for emergency health or safety purposes;

      (3)   Billboards and other off-premise signs, except as may be permitted by subsection (e)(10) hereof;

      (4)   Blinking, flashing or intermittent lighting signs, including message center signs;

      (5)   Moving, animated or rotating signs;

      (6)   Pennants, streamers and similar devices;

      (7)   All helium, gas and air balloons located on or anchored to structures, vehicles, the ground or anything connected to the ground;

      (8)   Roof signs which extend above the roof line;

      (9)   Signs attached to any tree, utility pole or fence and signs painted directly on buildings, rocks, trees and other natural features, provided that a business, upon application for and granting of a permit in accordance with subsection (e)(1) hereof, may utilize a portion of any fencing for advertising, provided that the intersection sight triangle is observed and maintained and that the square footage for the sign on the fence is included within the overall footage per lot requirement prescribed herein;

      (10)   Signs attached to the face of accessory building, except those attached to automatic teller machines or similar structures;

      (11)   Any sign which constitutes a traffic hazard or a detriment to public safety or may be confused with a traffic control signal or device or the light of an emergency or road equipment vehicle;

      (12)   Signs which make use of words, symbols, phrases or characters in such a manner as to interfere with, mislead, or confuse traffic;

      (13)   Signs or parts thereof which are erected within or above a public right- of-way, except as may be permitted on a temporary basis by the Mayor;

      (14)   Spinning devices or strings of spinning devices;

      (15)   Electronic copy signs;

      (16)   Window signs, including approved temporary signs in any district which cover more than 50% of the total window area.

   (e)   General Provisions. A sign shall be designed, erected, altered, reconstructed, moved and maintained in accordance with the provisions of the section unless specifically modified by another section of the Ordinance.

      (1)   Permits required. A sign permit shall be required for the construction, erection, relocation or alteration of any sign, unless as specifically exempted by this Ordinance. A sign shall comply with all City Zoning, Building, Electrical and Fire Codes.

         A.   There shall be charged a one-time fee of twenty-five dollars ($25.00) per zoned lot, to be submitted with the application for a permanent sign permit and inspection.

         B.   There shall be no fee charged for the application for a temporary sign permit on private property; and

         C.   There will no fee charged for a temporary sign permit on public property.

      (2)   Nonconforming signs. See: Article 1323 Supplemental Provisions of this Ordinance.

      (3)   Maintenance of signs. Every sign, whether requiring a permit or not, shall be maintained in a safe, presentable and good structural condition at all times, including replacement of defective parts and painting and cleaning of said sign.

      (4)   Removal of dangerous or defective signs. The Mayor or an appointed designee may immediately remove or cause to be removed any sign considered to be a danger or defective or which in the opinion of the Mayor may be dangerous to persons or property.

      (5)   Removal of unlawful signs in the public right-of-way. The Mayor may remove, or cause to be removed any unlawful sign in the public right-of-way.

      (6)   Sign location with respect to frontage. Sign area permitted by virtue of a premises having lot frontage or building frontage shall be located only along that frontage which generates the permitted sign area.

      (7)   Commercial messages. All commercial information conveyed by any sign permitted under this Ordinance must pertain to the premises on which the sign is located, except as specifically approved under Signs Allowed in the HR-1 District.

      (8)   Sign spacing requirements. No ground, pole, or freestanding sign shall be located within fifty (50) feet of another ground, pole or freestanding sign.

      (9)   Duration of temporary signs. Temporary signs as permitted by this Ordinance may be erected for a period not to exceed thirty (30) days, except as otherwise dictated in this section. Extensions to the 30-day limitation may be permitted by the Mayor upon application and demonstration of reasonable justification by the agent or owner of the temporary sign.

      (10)   Exception to off-premises sign prohibition. Upon application and approval by the Board of Zoning Appeals, an off- premises sign(s) may be permitted for a specified period of limited duration and subject to renewal or removal at the discretion of the Board of Zoning Appeals.

   (f)   Permitted Sign Standards. In addition to any other requirement that may be contained within this section, the following standards and requirements shall apply to all allowed signs;

      (1)   Ground signs shall not be allowed on any lot with less than fifty (50) foot frontage on a public right-of-way.

      (2)   Projecting signs shall be mounted or installed a minimum of nine (9) feet in height above the ground and shall not exceed fifteen (15) feet in height above the ground.

      (3)   A wall sign shall not extend more than twelve (12) inches from the wall on the building on which it is mounted, shall not extend above the top of the wall to which it is attached, shall not extend beyond the limits of any wall to which it is attached and shall have hidden structural supports.

      (4)   Awning signs may be used in lieu of, but not in addition to wall signs for an individual establishment. If illuminated, such awning sign shall have lighting concealed from view.

   (g)   Landscaping Requirements. A permanent ground sign shall require a single continuous landscape area to be maintained beneath the sign in accordance with the following standards.

      (1)   The minimum landscaped area shall be equal to the area of the sign face.

      (2)   The landscaped area shall include all points where sign structural supports are attached to the ground.

      (3)   Where the required landscaping area is adjacent to a paved surface accessible to vehicular traffic, a raised non-mountable curb to prevent the encroachment of vehicles shall be required.

      (4)   The landscape area shall contain living plantings aesthetically located and maintained.

   (h)   Temporary Signs. Temporary sign (s) allowed by this Ordinance are listed below. Up to two (2) temporary signs shall be permitted per lot frontage subject to the following requirements:

      (1)   Contains information which pertains only to the "for sale", "for rent", or "for lease" status of the premises on which the sign is located, and conforms to size and height requirements to the zoning district in which it is located. No permit shall be required for these signs.

      (2)   Pertains to the future use status of property under construction and which conforms to height and size requirements for the zoning district in which it is located. Temporary signs of this type shall not be displayed for a duration longer the six (6) months.

      (3)   Political advocacy or local activity advertising of a temporary nature (e.g., yard sales, reunions) that complies with posting time limits and must be promptly removed. No permit shall be required for these signs.

      (4)   Portable signs are permitted to announce special events and shall be considered temporary signs, require a permit, and must comply with subsection (e)(10) hereof. Portable signs must be located on the premises of the sponsoring organization.

   (i)   Signs allowed in the R-1 and R-2 Districts.

      (1)   A sign permit for any permanent sign in this Section shall not be required, except as required in subsection (i)(6) hereof.

      (2)   No sign may be illuminated.

      (3)   Projecting signs shall be prohibited, except as allowed in subsection (c)(4) hereof.

      (4)   Ground signs shall be allowed only as follows:

         A.   Only temporary ground signs are allowed. Permanent ground signs shall be prohibited, except as allowed in subsection (c)(4) hereof.

         B.   A temporary ground sign advertising a garage sale to be held on the premises shall be displayed for a period of time not to exceed three (3) days maximum.

         C.   The sign face shall not exceed six (6) square feet in area and the sign area shall not exceed twelve (12) square feet.

         D.   The sign height shall not exceed four (4) feet.

      (5)   One wall sign may be allowed on each dwelling unit and each sign shall not exceed two (2) square feet in area.

      (6)   Permanent subdivision sign(s) may be erected subject to the following requirements:

         A.   One (1) ground sign may be erected at each major entrance to a subdivision.

         B.   The sign face shall not exceed sixteen (16) square feet in sign area and six (6) feet in height.

         C.   Each sign base shall be landscaped in an amount equal to the total sign area.

         D.   Each sign may be illuminated, provided that the illumination does not shine directly onto any adjoining residential zoned property.

         E.   A permit shall be required for each approved sign allowed under this subsection.

   (j)   Signs Allowed in the HR-1 District.

      (1)   Except as allowed in subsection (c) heeof, a sign permit for any permanent sign in the Section shall be required.

      (2)   Signs may be externally illuminated with a white light. No temporary sign may be illuminated.

      (3)   Projecting signs shall be prohibited, except as allowed in subsection (c)(4) hereof.

      (4)   Ground signs shall be allowed only as follows:

         A.   The sign face shall not exceed six (6) square feet in area and the sign area shall not exceed twelve (12) square feet.

         B.   The sign height shall not exceed four (4) feet.

         C.   A temporary ground sign advertising a garage sale to be held on the premises shall be displayed for a period of time not to exceed three (3) days maximum.

      (5)   One wall sign may be allowed on each dwelling unit and each sign shall not exceed two (2) square feet in area.

   (k)   Signs Allowed in the C-1, C-2, or C-3 Districts.

      (1)   Ground signs shall be allowed as follows:

         A.   Only one (1) sign shall be permitted on each premise. However, the two sign faces of a ground sign may be split into two signs and situated at the main entrances of a development, provided that each sign shall have only one (1) sign face that does not exceed the maximum allowed by this Ordinance.

         B.   The sign height shall not exceed six (6) feet.

         C.   The allowed sign area shall not exceed one (1) square foot of a sign area per ten (10) linear feet of lot frontage and not exceed thirty-two (32) square feet in high face area and sixty-four (64) square feet in sign area.

      (2)   Wall signs shall be allowed as follows:

         A.   There is no restriction on the number of wall signs necessary to adequately identify buildings and related facilities.

         B.   Wall signs shall not exceed eight (8) square feet in sign area.

         C.   The aggregate area of signs on any single building shall not exceed 3.5 square feet of sign area for every one (1) linear foot of building frontage.

      (3)   Temporary signs may be allowed in accordance with subsection (h) hereof.

      (4)   Each sign may be externally illuminated with white light. No temporary sign may be illuminated.

      (5)   All permanent signs require permits.

      (6)   Pole signs shall be permitted. Any pole sign must be at least six (6) feet from the ground but not greater than twelve (12) feet from the ground and may be from ten (10) feet in length to twenty (20) feet in length, provided that the square footage of the total sign face does not exceed one hundred twenty (120) square feet, and provided further that no part of the pole or sign face blocks the view of any adjacent structure or of the intersection site triangle area.

   (l)   Signs Allowed in the I-1 District.

      (1)   All permanent signs may be illuminated. Temporary signs shall not be illuminated.

      (2)   No sign shall be located in such a manner as to be primarily viewed from residential used or zoned property.

      (3)   Permanent pole signs shall be permitted as follows:

         A.   Only one (1) pole sign shall be allowed on a premise.

         B.   The pole sign shall not exceed one-half (1/2) square foot of sign area per one (1) linear foot of lot frontage not to exceed sixty-four (64) square feet in high face.

         C.   Pole signs shall be a maximum height of twenty (20) feet at the street right-of-way line and for each additional five (5) feet of sign setback, one (1) foot may be added in sign height not to exceed total sign height of thirty (30) feet.

      (4)   Permanent wall or projecting signs shall be permitted as follows:

         A.   There is no restriction on the number of wall signs permitted per premise, however, the total area of all wall signs shall not exceed one and one-half (1-1/2) square feet of sign area per one (1) linear foot of building frontage.

         B.   Projecting signs shall not exceed twelve (12) square feet in total sign face.

      (5)   Temporary signs shall be allowed in accordance with subsection (h) hereof.

      (6)   All permanent signs require permits.

   (m)   Signs Allowed in the COS District. Signs within this district shall be limited to those which direct, explain, interpret or regulate facilities, uses and activities permitted upon COS zoned lands. A permit is required.

   (n)   Signs Allowed in Only the C-1, or C-3 Districts.  

      (1)   Plaza signs shall be permitted. Any plaza sign shall be:

         A.   Erected such that the bottom of edge of the lowest sign segment is six (6) feet or more above grade; and

         B.   Limited in total height not to exceed fifty (50) feet above grade; and

         C.   Limited at its widest dimension not to exceed fifteen (15) feet; and

         D.   Limited in that no portion of the sign may contain flashing, moving, or automatically changing content at an elevation of less than twenty (20) feet above grade; and

         E.   Have its mechanical design and installation approved by an appropriate structural engineering authority for safety.

      (2)   No plaza sign shall be installed or maintained in the vicinity of any corner, street, intersection or access way intersecting a public right-of-way that the Code Enforcement Officer determines is an obstruction, extends into necessary sight-lines or constitutes a traffic hazard. See Section 1323.05 Sight Distance Protection.
(Ord. 310. Passed 9-16-96.)

   (a)   Applicability. The provisions of this section shall apply to all parking lots constructed within the City.

   (b)   Landscape Plan Requirements.

      (1)   No parking lot of twenty (20) or more spaces shall be constructed, enlarged or reconstructed until a landscaping plan for that parking lot has been approved. Landscape plans submitted pursuant to this section shall be reviewed under the Site Plan Review requirements of this Ordinance.

      (2)   In the case where a proposed parking lot has fewer than twenty (20) spaces, the permit-issuing authority shall authorize a landscaping plan which best meets the spirit and intent of this section.

      (3)   Landscape plans shall be drawn to scale, including dimensions and distances, and clearly show the existing and proposed parking spaces and other vehicle use area, access aisles, driveways and the location, size and description of all landscape materials.

   (c)   Parking Lot Landscaping Design Criteria.

      (1)   Approved landscaping materials used in parking lots shall include trees, shrubbery, hedges and other live planting materials. Trees used shall be of a type that provides shade at maturity. Effective use of earth berms and existing topography is also encouraged as a component of the landscape plan.

      (2)   The landscaping and planting areas shall be dispersed throughout the parking lot.

      (3)   The interior dimensions of any planting area or planting medium shall be sufficient to protect the landscaping materials planted therein and to allow proper growth.

      (4)   In those instances where plant material exists on a parking lot site prior to its development, such landscape materials may be used if approved as meeting the requirements of this section.

   (d)   Planting Materials.

      (1)   No materials shall be approved for use in any parking lot landscaping plans that are judged by the permit-issuing authority as unsuitable for such use in the City.

      (2)   All landscaping trees to be used shall be a minimum of six (6) feet in overall height upon planting and consist of a species that normally grows to an overall height of a minimum of fifteen (15) feet.

      (3)   Other landscaping material as required by this Ordinance shall be materially and aesthetically complimentary to the required tree plantings.

   (e)   Peripheral Coverage Requirements.

      (1)   In addition to the requirements of subsection (f) hereof, peripheral landscaping shall be required along the side of a parking lot that abuts adjoining property that is not a right-of-way.

      (2)   A landscaping strip at least four (4) feet in width shall be located between the parking area and the abutting property lines, except where driveways or other openings may be required.

      (3)   At least one (1) tree for each fifty (50) linear feet shall be planted in the landscaping strip in addition to other planting materials.

      (4)   The requirements of this Section shall not apply where planting is provided for screening along the side of a parking lot abutting adjoining property as provided elsewhere in this Ordinance.

   (f)   Street Frontage Planting Requirements.

      (1)   In addition to the requirements of subsection (e) hereof, landscaping shall be provided along any side of a parking lot that abuts the right-of-way of any street.

      (2)   A landscaping strip ten (10) feet in width shall be located along the side of any parking lot abutting the right-of-way except where driveway or other openings may be required.

      (3)   One tree shall be planted for each forty (40) linear feet of the landscaping strip in addition to other planting materials.

   (g)   Maintenance. The owner and their agencies shall be responsible for providing, protecting and maintaining all landscaping in healthy and growing conditions, replacing it when necessary, and keeping it free from refuse and debris.

   (h)   Screening. The building, parking or loading areas for multi-family residential, office, commercial, industrial and recreational uses shall be visually screened from any adjoining premises used or zoned for single family residential purposes. Screening may include any of the following means:

      (1)   A solid board fence at least eight (8) feet in height.

      (2)   An opaque evergreen trimmed hedge the thickness of which shall not be less than 30% of its required height of six (6) feet.

      (3)   An earth berm may be used in combination with any of the above types of screening, but not more than two-thirds (2/3) of the required height of such screening may be provided by the berm.

      (4)   All screening shall follow the lot line of the lot to be screened or to be arranged within the boundaries of the lot as to substantially hide from adjoining properties the building, parking, loading area or other activity required to be screened.

      (5)   Screening as permitted in subsection (h), shall be installed to screen and reduce the visual impact of garbage waste disposal containers, storage areas, on and above-grade mechanical and electrical equipment. The height of this required screening shall be determined during Site Plan Review of the proposed development by the permit-issuing authority.

      (6)   In all districts, garbage cans and trash receptacles must be suitably screened from view from adjacent streets or properties prior to pick up.

   (i)   Sight Triangle Protection. No landscaping, tree, fence, wall or similar item shall be maintained in the vicinity of any corner, street, intersection or access way intersecting a public right-of-way that the Code Enforcement Officer determines is an obstruction, extends into necessary sight-lines or constitutes a traffic hazard. See Section 1323.05 Sight Distance Protection.

   (j)   Lighting. Lighting plans for signs, building and structures shall be shown on the Site Plan for the proposed development. Generally, lighting and illumination shall be designed as to not be visible from any point off the lot on which the sign, building or structure is being illuminated.

(Ord. 310. Passed 9-16-96.)

   (a)   Number of Parking Spaces Required. All developments in all zoning districts, except for the central business core of the C-2 Highway Commercial District as shown on the Zoning Map, shall provide a sufficient number of parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted to the development under consideration. The basis for determining the required number of parking spaces shall be the Table of Parking Requirements in subsection (c) hereof.

   The number of spaces required shall also include accessible spaces adjacent to accessible routes in compliance with the Uniform Federal Accessibility Standards.

   It is recognized by Council that the Table of Parking Requirements as set forth cannot cover every possible situation that may arise, and therefore in cases not specifically covered the permit-issuing authority is authorized to determine the parking requirements using the table as a guide.

   (b)   Flexibility in Administration Required. The Council recognizes that due to the particularities of any given development, inflexible application of the parking requirement set forth in the Table may result with either inadequate parking space or parking space far in excess of its needs. Therefore, the permit-issuing authority may deviate from the requirements in the Table of Parking Requirements and may require more or less parking whenever it finds that such deviations are more likely to satisfy the standards set forth in the Table.

   Whenever the permit-issuing authority allows or requires a deviation from the Table of Parking Requirements, the reasons for such deviation shall be noted on the building permit.

   (c)   Table of Parking Requirements.

 

   (d)   Parking Space Dimensions.

      (1)   Each parking space shall contain a rectangular area at least nineteen (19) feet long and nine (9) feet wide. Parking spaces for disabled people shall have an adjacent aisle sixty (60) inches wide minimum. Two accessible parking spaces may share a common access aisle.

      (2)   Whenever parking areas consist of spaces set aside for parallel parking, the dimensions of such parking spaces shall be not less than twenty-two (22) feet by nine (9) feet.

   (e)   General Design Requirements.

      (1)   Parking lot driveways shall be not less than ten (10) feet in width for one-way traffic and eighteen (18) feet in width for two-way traffic except that ten (10) foot driveways are permitted for two-way traffic when the driveway is no longer than fifty (50) feet and serves no more than six (6) spaces and sufficient turning space is provided so that vehicles need not back into a public street.

      (2)   Unless no other practical alternative is available, vehicle parking areas shall be designed so that vehicles may exit an area without backing onto a public street. This requirement does not apply to one and two-family dwelling units.

      (3)   Vehicle circulation areas of all developments shall be designed so that sanitation, emergency and public service vehicles can serve such developments without having to make hazardous or dangerous turning movements.

   (f)   Parking and Vehicle Circulation Area Surfaces.

      (1)   Parking and vehicle circulation areas including lanes for drive-thru windows shall be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against potholes, erosion and dust, and shall be properly maintained in all respects including free from potholes.

      (2)   Parking lots surfaced in accordance with subsection (f)(1) hereof, shall be appropriately marked with painted lines or other markings.

   (g)   Joint Use of Required Parking Spaces.

      (1)   One parking area may contain required spaces for several different uses, but except as provided for in this section, the required space assigned to one may not be assigned to any other use.

      (2)   To the extent that developments that wish to make joint use of the same parking spaces operate at different times, the same space may be credited to both uses. For example, if a church parking lot is only occupied to 50 percent of capacity on days other than Sunday, another development could make use of 50 percent of the church lots spaces on those other days.

   (h)   Satellite Parking.

      (1)   If the number of off-street parking spaces required by this section cannot be reasonably provided on the same lot where the principal use associated with the parking spaces is located, then spaces may be provided on adjacent or nearby lots in accordance with provisions of this section. These off-site spaces are referred to as satellite parking spaces.

      (2)   All satellite parking spaces (except spaces intended for employee use) must be located within 400 feet of a public entrance of a principal building. Satellite parking for employee parking may be located within any reasonable distance.

      (3)   The developer wishing to take advantage of the provisions of this section must present satisfactory written evidence that they have the permission of the owner or other person in charge to use such spaces. The developer must also sign an acknowledgment that the continued validity of the permit depends on their continuing ability to provide the required number of parking spaces.

   (i)   Loading and Unloading Areas. In all zoning districts, in connection with every building hereafter erected to be occupied by uses requiring the receipt or shipment by motor vehicles of materials or merchandise, there shall be provided and maintained on the same premises off-street loading and unloading space accessible from an alley or easement of access, or when there is no such alley or easement of access, from a street.

      (1)   One loading space with a minimum dimension of 12 feet by 15 feet with 14 foot overhead clearance shall be required for each 10,000 square feet of gross floor area. If less than 10,000 square feet exists, 5,000 or more square feet shall require one loading space.

      (2)   Loading and unloading areas shall be located and designed to complete the loading and unloading without obstructing or interfering with any public right-of-way, or parking space or parking lot aisle.

      (3)   No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities.

   (j)   Parking requirements in the central business core of the C-3 Highway Commercial District and the Historic Residential District

   It is the intent of this Ordinance to ensure that each development provides off- street parking in amounts sufficient to meet the anticipated parking demand. The Council recognizes, however, that physical limitations of properties in the Central Business District of the C-3 Highway Commercial District and the Historic Residential District may prohibit strict compliance with established parking requirements. Therefore, required parking in these said districts shall be determined during Site Plan Review and approved by the City Council based upon the characteristics of the specific site and the availability of nearby on or off-street public parking.

   (k)   Accessibility Standards. The provision of accessible parking spaces shall be in compliance with the Americans with Disabilities Act and the Uniform Federal Accessibility standards of April 1, 1988. The following table is to be used as a minimum guideline. Complete requirements are to be found in the Standards.

   No excavations for the removal of gravel or mineral deposits of any kind shall be permitted within the City limits. (Ord. 310. Passed 9-16-96.)

   At least ten (10) days prior to the hearing the owners of all real property located within 100 feet in all directions of the property which is the subject of the hearing shall be notified in writing by certified mail. The notice the public hearing shall include the date, time and place of the hearing, the nature of the appeals to be considered, the identification of the subject property by street address, if any, or by reference to lot numbers as shown on the current county tax maps. The notice shall also contain the location and times at which the application including maps, plans, and supporting documents for which appeal is sought is available for review. Costs of notification by letter shall be borne by the applicant.

   Notice by certified mail return receipt requested shall be deemed to be complete upon mailing. The failure to give personal notice to any property owner not shown on the latest current tax record shall not invalidate any hearing or proceeding conducted pursuant to this Ordinance.

(Ord. 310. Passed 9-16-96.)