(a)   Except as hereinafter specified, no land, building, structure or premises, shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located.

   (b)   These regulations include, without limitation, the following:

      (1)   The use of building, structure or land, including performance standards for the control of any dangerous and objectionable elements, as defined herein, in connection with the use;

      (2)   The height, size and dimensions of buildings or structures;

      (3)   The size or dimensions of lots, yards and other open spaces surrounding building; and

      (4)   The provision, location, size, improvement and operation of off-street parking, loading and unloading spaces.

(Ord. 99-132, passed 10-11-1999)

   Uses other than those specifically mentioned in this Zoning Ordinance as permitted uses in each of the districts may also be allowed therein, provided that, in the judgment of the Zoning Board of Appeals, as evidenced by resolution of record, other uses are of similar character to those mentioned and will have no adverse influence or no more adverse influence on adjacent properties or the neighborhood or the community than the permitted uses specifically mentioned for the district.

(Ord. 98-104, passed 9-14-1998)

   Uses other than those specifically prohibited in this Zoning Ordinance in any district shall also be prohibited therefrom, provided that in the judgment of the Zoning Board of Appeals, as evidenced by resolution of record, other uses are similar in character to those specifically prohibited in that they would have similar or more serious adverse influence on adjacent properties or the neighborhood or the community than the uses specifically mentioned as prohibited in the district.

(Ord. 98-104, passed 9-14-1998)

   The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Zoning Ordinance, but only when the resulting occupancy shall comply with the requirements governing new construction in the district, with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces and off-street parking. Each conversion shall be subject also to further requirements as may be specified hereinafter with the chapter applying to the district.

(Ord. 98-104, passed 9-14-1998)

   No building in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all the yard and other open space and off-street parking requirements of this Zoning Ordinance. For the purpose of determining the front yard in these cases, the rear line of the required rear yard for the principal building in front shall be considered the front lot line for the building in the rear. In addition, there must be provided for any rear dwellings an unoccupied and unobstructed accessway not less than 20 feet wide, to a public street for each dwelling unit in a dwelling, or one not less than 50 feet wide for three or more dwelling units.

(Ord. 98-104, passed 9-14-1998)

   Along any zoning boundary line, on a lot adjoining the boundary line in the less restricted district, any abutting side yard, rear yard or court, unless subject to greater restrictions or requirements stipulated by other provisions of this Zoning Ordinance, shall have a minimum width and depth equal to the average of the required minimum width or depth for the side yard, rear yards or courts in the two districts on either side of the zoning boundary line. In cases where the height of a proposed structure on the lot in less restricted district is greater than the maximum height permitted in the adjoining more restricted district, the minimum width or depth of the side yard, rear yard or court for the structure shall be determined by increasing the minimum width or depth for the highest structure permitted in a more restricted district by one foot for each two feet by which the proposed structure exceeds the maximum height permitted in a more restricted district.

(Ord. 98-104, passed 9-14-1998)

   (a)   General. An accessory building may be erected detached from the principal building or may be erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure. No accessory building shall be erected in any required court or yard. No accessory building shall be greater in size than 35% of the gross floor area of the principal building, nor shall it occupy more than 35% of a required rear or side yard. No accessory building shall be greater than 15 feet in height in residential districts, R-1 through R-7, or 20 feet in height in business districts, B-1 through B-3. Accessory uses in B-4, HT-1, I-1 and I-2 shall comply with current height restrictions for each zone.

   (b)   Corner lots. In any district, where a corner lot adjoins in the rear a lot fronting on the side street, no part of an accessory building on the corner lot within 25 feet of the common lot line shall be nearer a side street lot line than the least depth of the front yard required along the side street for a dwelling or building on the adjoining lot, and in no case shall any part of the accessory building be nearer to the side street lot line than the least width of the side yard required for the principal building to which it is accessory.

   (c)   Without main building. No accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building.

   (d)   Solar units, dish-type satellite signal receiving stations and ham radio towers. 

      (1)   Any solar unit or dish-type satellite signal receiving station greater than 18 inches in diameter shall be located in the rear yard with no part projecting into the side or front yard and shall be located so that however turned or otherwise used, all parts of the use shall be set back at least 20 feet from side and rear lot lines. On a corner lot, the required setback shall be no less than the required setback for the principal dwelling or structure on the lot plus an additional five feet, or 20 feet, whichever is greater.

      (2)   The height of any solar unit or dish-type satellite signal receiving station shall not extend above 15 feet or the height of the main building to which it is associated, whichever is less. The maximum diameter of any dish-type receiving station shall not exceed 12 feet. No installation or erection of a solar unit or dish-type satellite signal receiving station greater than 30 inches in diameter shall commence before a permit is obtained in accordance with the provisions of the Building Code.

      (3)   Only one solar unit and only one dish-type antenna greater than 30 inches in diameter shall be permitted per lot.

      (4)   Television towers or radio towers used by amateur radio operators shall be located in the rear yard and shall not exceed 50 feet in height above grade. All parts of the accessory structure shall be set back at least 20 feet from the side and rear lot lines. On a corner lot, the required setback shall be no less than the required setback for the principal dwelling or structure on the lot plus an additional five feet, or 20 feet, whichever is greater. No installation or erection of an amateur radio tower shall commence before a permit is obtained in accordance with the City Building Code.

(Ord. 99-132, passed 10-11-1999)

   Except as permitted by other provisions of this Zoning Ordinance, no lot shall contain any building used in whole or part for residential purposes unless the lot abuts for at least 65 feet on a street; except cul-de-sac lots and flag lots. Cul-de-sac and flag lots shall comply with zoning frontage at the building line and shall comply with the applicable provisions in Chapters 1147 and 1148.

(Ord. 98-104, passed 9-14-1998)

   Sight distance as defined in the Ohio Department of Transportation’s Location and Design Manual, Vol. 1. shall govern if they are more strict then the standards found in this section. No fence, wall, sign, structure, vehicle or planting shall be erected, established or maintained on any lot which will obstruct the view of drivers in vehicles approaching an intersection of two roads or the intersection of a road and a driveway or curb cut. Fences, walls, signs, structures, vehicles or plantings located in the triangular area described below shall not be permitted to obstruct cross-visibility between a height of 30 inches and five feet above the lowest point of the intersecting road(s) (see Figure 1171.09A).

   (a)   Unobstructed sight area. The unobstructed triangular area is described as follows.

      (1)   Driveway intersection sight triangle. At intersections of driveways with streets, the sight triangle shall be established by locating the intersection of the street curb with the driveway edge, and by measuring from this point a distance of ten feet along the driveway to a point and a distance of 20 feet along the street curb to a point and connecting these points (see Figure 1171.09B)

      (2)   Street intersection sight triangle. At street-intersections, the sight triangle shall be formed by measuring at least 35 feet along curb lines and connecting these points. Within the first 20 feet of the street intersection sight triangles, no structure or landscaping material is permitted except required ground cover. Within the portion of sight triangle that is located between 20 feet and 35 feet, signs and trees shall be permitted only when the pole or trunk is the only part of a sign or tree that is visible between the ground and five feet above the ground, or otherwise does not present a traffic visibility hazard (see Figure 1171.09B).

(Ord. 98-104, passed 9-14-1998; Ord. 2004-15, passed 3-8-2004)

   No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make the area or dimension less than the minimum required by this Zoning Ordinance. No part of a yard, court, parking area or other space provided about, or for, any building or structure for the purpose of complying with the provisions of this Zoning Ordinance shall be included as part of the yard, court, parking area or other space required under this Zoning Ordinance for another building or structure.

(Ord. 98-104, passed 9-14-1998)

   Only one main building or structure can be located on any lot of record.

(Ord. 98-104, passed 9-14-1998)

   In every district spaces for off-street parking and for off-street loading and unloading shall be provided in accordance with the provisions of Chapter 1175.

(Ord. 98-104, passed 9-14-1998)

   Every garage building or portion of a main building used for garage purposes shall be so equipped that the doors when open or being opened will not project beyond any lot line of the lot on which the building is located; and when the doors open to an alley the wall or portion thereof containing the doors shall be at least six feet from the line forming the common boundary between the lot and the alley.

(Ord. 98-104, passed 9-14-1998)

   The Engineering and Building Department of the city shall have the authority under the City Building Code to declare a building unsafe for occupancy.

(Ord. 98-104, passed 9-14-1998)

   (a)   It is the intent and purpose of this section to preserve the quiet and privacy of residential districts against the detracting encroachment or infiltration of commercial endeavors, while also preserving the right of individual residents to pursue legitimate hobbies and occupations, and to retain or improve skills not utilized in their principle avocation. The burden of proof that a home occupation complies with both the specified limitations and the above intent and purpose shall be on the person or persons involved in the home occupation. Procedures shall be established by the City Manager for receiving and handling complaints, and may include fees and penalties separate from others in this Zoning Ordinance if approved by action of Council.

   (b)   In any residence district, no home occupation shall be permitted which represents a nuisance to other residents in the vicinity. For purposes of this Zoning Ordinance, the term NUISANCE shall include any circumstance associated with the home occupation which has a detrimental influence beyond the limits of the property being used. Circumstances which shall be deemed to be of detrimental influence shall include, but not necessarily be limited to a violation of any of the following restrictions:

      (1)   There shall be no more than one nonilluminated sign, no larger than one square foot in area, which shall be located in conjunction with a curb-side mail box installation or attached to the dwelling;

      (2)   Nothing shall be done to make the building or lot appear in any way as anything but a dwelling and residential lot;

      (3)   No one is employed from outside the resident family;

      (4)   Mechanical and electrical equipment used shall be only that normally used or found in a single-family dwelling; and, when performance rated shall be limited to normally domestic ratings rather than commercial or industrial;

      (5)   No product may be offered for sale at the dwelling unless that product has been produced or substantially altered in form or value by the home occupation activities;

      (6)   Delivery of supplies and materials shall be accomplished by private automobile, regular mail service or small delivery vehicles of the type normally used for small parcel deliveries to single-family dwellings. In the latter case there shall be no more than two deliveries per week; and at no time shall semitrailer type vehicles be involved;

      (7)   The volume of activity shall be limited so that no more than two automobiles or other vehicles involved in the home occupation are present outside the dwelling at any one time;

      (8)   No odors or trash accumulation shall be present outside the dwelling; and

      (9)   No vibrations or electrical interferences generated by the home occupation shall be noticeable outside the lot limits. No sounds generated by the home occupation shall be emitted in violation of the Noise Ordinance.

(Ord. 98-104, passed 9-14-1998)

   Underground electric and telephone lines and other utilities are mandatory in all zoning districts. For the purposes of this Zoning Ordinance, underground wiring and utilities shall not be considered structures. In industrial subdivisions where Duke Energy advises the city that the power load requirements are sufficiently large as to make underground service impractical or unfeasible, electric and telephone lines may be installed overhead along rear lot and telephone lines. In an event where feed and the cost of installing underground service is impractical and unfeasible, electric and telephone lines may be installed overhead with the approval of the City Manager and Council. Should Council approve the overhead distribution system, all connections to it shall be made underground. All facilities are to be constructed on one side of the road without overhead crossovers.

(Ord. 99-132, passed 10-11-1999)

   A temporary storage container (including portable storage units, shipping containers, or similar storage structures) is permitted as a temporary, accessory use in commercial and residential districts and shall be regulated as follows:

   (a)   A temporary storage container is only permitted for a period not to exceed 30 days within a one-year period but may be extended once by the Zoning Administrator for up to thirty (30) additional days. A zoning certificate is required to place a portable storage unit on any premises.

   (b)   A temporary storage container must be: located on a concrete or asphaltic concrete surface, a minimum of 10 feet from the right-of-way, and a minimum of three (3) feet from all other property lines, unless otherwise approved by the Zoning Administrator.

   (c)   Temporary storage containers, on a property at any one time, may not exceed an aggregate of 1,200 cubic feet on the interior.

   (d)   If the temporary storage container is being used to store personal property as a result of a major calamity (e.g. fire, flood, auto, tree or other event where there is significant property damage), the Zoning Administrator may extend the time limitation of subsection (a), not to exceed six months per calendar year.

   (e)   Temporary storage containers, whose duration does not exceed 72 hours, shall not be required to obtain a zoning certificate.

(Ord. 2016-54, passed 4-11-2016)

   A dumpster for the purpose of residential construction activities is permitted as a temporary, accessory use in a residential district and shall be regulated as follows:

   (a)   A dumpster is only permitted for a period not to exceed 30 days within a one-year period but may be extended once by the Zoning Administrator for up to thirty (30) additional days. A zoning certificate is required to place a dumpster on any premises.

   (b)   A dumpster must be located a minimum of 10 feet from the right-of-way and a minimum of three (3) feet from all other property lines.

   (c)   A maximum of one dumpster is allowed on a property at any one time and is limited to a maximum 40-yard capacity and 23 feet in length.

   (d)   Dumpsters, whose duration does not exceed 72 hours, shall not be required to obtain a zoning certificate.

(Ord. 2016-54, passed 4-11-2016)

   Pursuant to the authority set forth in R.C. § 3796.29, medical marijuana cultivation, processing, and retail dispensaries as licensed and defined under R.C. Chapter 3796 shall not be permitted in any zoning district, overlay or Planned Unit Development within the City of Mason.

(Ord. 2017-139, passed 1-22-2018)

   Conditionally permitted uses are those uses described or referred to herein which have a particular impact on the surrounding area that cannot be predetermined and controlled by general regulations. In order to ensure that these uses in their proposed location will be compatible with surrounding development, their establishment shall not be a matter of right, but may be permitted after review and approval as hereinafter provided. Toward these ends, it is recognized that this Zoning Ordinance should provide for more detailed evaluation of each use conditionally permissible in a specific district with respect to considerations such as location, design, size, methods(s) of operation, intensity of use, public facilities requirements and traffic generation. Accordingly, conditional use permits shall conform to the procedures and requirements of this chapter.

(Ord. 98-104, passed 9-14-1998)

   Conditionally permitted uses shall require approval of Council after review by Planning Commission and shall be subject to requirements and standards specified in this chapter. In order to preserve the character of the neighborhood and to otherwise promote and effectuate the purposes of this Zoning Ordinance, additional restrictions may be deemed necessary and may be imposed by Council incident to the approval of an application.

   (a)   Planning Commission review procedures. The Planning Commission shall consider all applications for conditional use permits and shall make recommendations thereon to Council.

      (1)   Permit application. An application for a conditional use permit shall be made by the property owner or agent thereof, to the City Engineer on a form provided for the purposes, and shall be accompanied by all required fees and 20 copies of the following:

         A.   A site plan and other drawings to scale, showing existing and proposed use of the site, all pertinent natural and man-made features, and adjacent residential character and buildings;

         B.   A list of names and mailing addresses of all owners of property within 300 feet of any part of the property in question;

         C.   A statement of need for the proposed use, its location and magnitude;

         D.   A summary report identifying and evaluating the consequences and effects of the proposed use on the surrounding properties and the neighborhood at large;

         E.   A statement indicating how the negative effects of the proposed use will be mitigated; and

         F.   A landscape plan in conformance with the requirements of the Landscape Ordinance.

(Ord. 98-104, passed 9-14-1998)

      (2)   Consideration by Planning Commission. The Planning Commission shall consider the application at a regular meeting scheduled within 45 days after the submission of a complete application of material for a conditional use permit. After due consideration of all applicable factors, the Commission shall make a written recommendation to Council on each of the following:

(Ord. 99-132, passed 10-11-1999)

         A.   The location of the conditional use and its suitability for the district for which it is proposed; and

         B.   A finding on whether the proposed use will have a negative effect on or will conflict with surrounding areas. To this end, the Planning Commission may recommend additional requirements and conditions with regard to construction, maintenance and operation as it deems necessary to protect adjacent uses and public interest.

      (3)   Disapproval by Planning Commission. If the Planning Commission does not recommend the application for a conditional use, it shall enter in its minutes the reason for the same. The applicant may thereafter make changes and resubmit the application to the Commission for reconsideration. The revised application shall be processed within the time and in the manner provided in this section.

   (b)   Council review procedures.

      (1)   Council approval. After consideration by the Planning Commission, Council shall conduct a public hearing for a conditional use permit. Notification of the public hearing shall be by the following means:

         A.   A notice of the hearing shall be mailed by registered mail to all property owners within 300 feet of any part of the property in question. The notice shall specify the date, place and time of hearing, and shall contain a statement as to the nature and location of the proposed use;

         B.   The notification shall be mailed no less than ten days before the hearing. The notification of the hearing shall also be made by means of publication in a newspaper of general circulation in the city, adequately describing the nature of the proposed conditional use, once a week for two consecutive weeks on the same day of the week, the first of the publications to take place not less than 30 days prior to the public hearing; and

         C.   Following the public hearing, during its next regular business meeting, Council shall approve or disapprove the application for a conditional use permit.

      (2)   Conditional use permit issued. Following Council’s approval, and upon payment of a conditional use permit fee, a conditional use permit shall be issued to the applicant by the Zoning Administrator.

   (c)   Period of validity of conditional use permit. In any case where an approved conditional use permit has not been used within one year of the date on which it was granted, that permit shall expire unless an extension of the above time period has been authorized by the Planning Commission.

   (d)   Expansion and/or conversion. Approved conditional uses shall be considered conforming uses. The uses may be expanded or rebuilt or redesigned without a public hearing provided that no additional property is acquired to accommodate the expansion and that the expansion conforms to other pertinent provisions of this chapter and the terms of the permit, and providing further that any subsequent expansion of the conditionally permitted use involving the enlargement of building structures, surface improvements, parking area and/or land area devoted to the conditional use, and the conversion of an approved conditional use to a different permitted conditional use, shall require approval of a separate conditional use permit application pursuant to the procedures set forth in this section.

(Ord. 98-104, passed 9-14-1998)

   The following §§ 1172.04 through 1172.10 include specific conditional use criteria and requirements for those uses conditionally permitted in this Zoning Ordinance as provided for in this chapter. Nothing in this chapter shall prohibit the Planning Commission from prescribing supplementary conditions and safeguards in addition to these requirements and in accordance with this chapter.

   (a)   Intent. The intent of §§ 1172.04 through 1172.10 is to establish supplementary standards for certain special land uses that may affect adjacent properties, the neighborhood or the community even if all other standards of this Zoning Ordinance are met. It is also the intent of this section to establish appropriate standards for permit processing and for the location, design and operation of conditional uses to assure that they will be developed in a manner consistent with the intent of this Zoning Ordinance.

   (b)   Applicability of conditional use standards. Standards and conditions in §§ 1172.04 through 1172.10 are related to the special characteristics of the uses specified and, unless otherwise noted, apply to development in addition to all other applicable standards and regulations in this Zoning Ordinance.

      (1)   In the event that the standards of this section conflict with the provisions of other sections of this Zoning Ordinance, these standards prevail, except for legal nonconformities as regulated in Chapter 1173.

      (2)   In the event that a use is subject to more than one division of the section, the most restrictive standards shall apply.

      (3)   In addition to the standards set forth in this article, all uses specified as conditional uses require approval by the Planning Commission and shall be subject to the procedures and requirements as set forth in § 1172.02.

   (c)   General standards. In addition to the specific requirements for conditionally permitted uses as specified in §§ 1172.04 through 1172.10, the Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that the use at the proposed location:

      (1)   Is a permitted conditional use in the district for which it is proposed;

      (2)   Will be in accordance with the general objectives, or with any specific objective, of the city’s Comprehensive Plan and/or the Zoning Ordinances;

      (3)   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that the use will not change the essential character of the same area;

      (4)   Will not be hazardous or disturbing to existing or future neighboring uses;

      (5)   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any services;

      (6)   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

      (7)   Will not involve uses, activities, processes, materials, equipment and conditions or operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

      (8)   Will have vehicular approaches to the property which shall be so designed as to not create an interference with traffic on surrounding public thoroughfares; and

      (9)   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

(Ord. 98-104, passed 9-14-1998)

   The following conditions apply to child day-care centers in the R-1, R-2, R-3, R-4, R-6 and R-7 districts:

   (a)   Minimum lot area. Day-care centers for seven or more children shall have a minimum lot area of 7,500 square feet, or 500 square feet per child, whichever is greater. Home child care of six or fewer children is considered a home occupation and is regulated in § 1171.15.

   (b)   Required outdoor play area. There shall be provided a minimum of 100 square feet of fenced outdoor play area per child.

   (c)   Required access and loading/unloading.

      (1)   An on-site drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four automobiles for facilities with 20 or fewer children plus one additional vehicle for each additional ten children served.

      (2)   Access to an arterial or collector street is required or access shall be provided in a manner that does not cause heavy traffic on residential streets, and a traffic impact report pursuant to the provisions of Chapter 1135 shall be provided.

   (d)   Required fencing. All outdoor play areas shall be enclosed by a fence or wall a minimum of five feet in height, except that a minimum six-foot high wall, solid wood fence or chain link fence planted with a continuous evergreen screen shall be provided around all outdoor play areas abutting a residential property.

   (e)   Hours of operation. Use of outdoor play areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m.

   (f)   Special provisions for day-care centers in nonresidential districts. The Planning Commission has the power to require additional fencing, screening and/or other measures deemed necessary to protect the health, safety and welfare of children using day-care centers in commercial, industrial or other high hazard areas, or to deny a request to locate a facility in the areas based on health and safety considerations.

(Ord. 98-104, passed 9-14-1998)

   The following conditions apply to convalescent, nursing and rest home uses in the R-1, R-2, R-3, R-4, R-6 and R-7 Districts.

   (a)   Minimum lot area. Two acres.

   (b)   Access and traffic impact. All developments shall have access only from an arterial or collector street, or access shall be provided in a manner that does not substantially impact traffic on residential streets.

   (c)   Proximity to goods and services. A range of convenience goods and personal services shall be available to residents of the proposed facility within walking distance (500 feet) or unless it can be demonstrated that residents will have adequate access to the uses via private vehicles or other forms of transportation.

(Ord. 98-104, passed 9-14-1998)

   (d)   Screening. Any open vehicular use area closer than 150 feet to any adjoining residential property shall be screened by a combination of a solid wall, fence or densely planted continuous hedge at least five feet in height. Additional screening as determined by the Planning Commission may be necessary if the topography in the area places vehicular use areas in clear view from the adjacent residential property.

(Ord. 99-132, passed 10-11-1999)

   (e)   Lot coverage. The amount of impervious surface (building, pavement and the like) on the site shall be limited to 40% of the total site area.

(Ord. 98-104, passed 9-14-1998)

   (a)   Minimum lot area. Forty thousand square feet.

   (b)   Setbacks and screening.

      (1)   All outdoor display areas, gasoline pumps, canopies and any buildings used for service, repair work or automobile washing shall be located a minimum of 100 feet from any adjacent residential property.

      (2)   A solid wood fence or masonry wall at least six feet high shall be provided on any side of the site adjacent to a residential property.

   (c)   Limitations on use. Activities at automobile service stations shall be limited to:

      (1)   The sale of petroleum fuel, primarily for passenger vehicles;

      (2)   The servicing of motor vehicles with minor repair work;

      (3)   The following accessory uses:

         A.   Machine vending of merchandise;

         B.   Washing automobiles provided that no chain conveyor, steam cleaner or other mechanical device greater than 25 feet is used;

         C.   Retail sale of miscellaneous products relating to minor repair work (oil, grease, anti-freeze, tires, batteries, windshield wipers and similar items); and

         D.   Rental of trucks and trailers, provided that no more than 10% of the total site shall be devoted to the activity; no rental units over 30 feet in length shall be permitted; rental vehicles shall not be permitted to be stored either in required off-street parking spaces or within required front building setback; and a minimum of 160 square feet of lot area shall be provided for every trailer to be stored and 320 square feet for every truck to be stored.

(Ord. 98-104, passed 9-14-1998)

      (4)   Except in I-1 and I-2 Districts, these activities are strictly prohibited: major repair work, including automobile body repair and painting, automobile glass work, automobile transmission work, automobile engine overhaul and repair, and radiator repair work.

(Ord. 99-132, passed 10-11-1999)

   (d)   Enclosed within building. For all uses regulated by this section, all hydraulic hoists, oil pits and all lubricants, greasing and repair equipment shall be enclosed entirely within a building. No outdoor disassembly or repair of motor vehicles shall be permitted.

   (e)   Landscaping. All areas not paved or covered by the building shall be landscaped, and all landscaped areas shall be separated from all paved areas by six-inch high curbing.

   (f)   Access and traffic impact. Access shall be from an arterial street or commercial collector. The minimum distance of driveways from intersections shall be 150 feet. The minimum distance of driveways to an entrance/exit of a school, place of worship, cemetery or child day-care center shall be 200 feet.

(Ord. 98-104, passed 9-14-1998)

   (a)   Minimum lot area. Forty thousand square feet.

   (b)   Setbacks and screening.

      (1)   All structures shall be located at least 100 feet from any adjacent residential property.

      (2)   A solid fence, wall or hedge at least six feet high shall be required when an automobile washing facility is adjacent to a residential property.

   (c)   Limitations on use.

      (1)   All washing facilities shall be located entirely within an enclosed building, except that entrance and exit doors may be left open during the hours of operation.

      (2)   Vacuuming and/or steam cleaning equipment may be located outside a building, but shall not be placed in any yard adjoining a residential property.

   (d)   Off-street waiting and circulation.

      (1)   Five off-street waiting spaces shall be provided for auto washing facilities. Waiting spaces shall not block or otherwise interfere with site circulation patterns.

      (2)   A hard-surfaced exit drive not less than 40 feet in length shall be provided between the exit doors and the street.

   (e)   Access and traffic impact. Access shall be from an arterial street or commercial collector.

(Ord. 98-104, passed 9-14-1998)

   (a)   Minimum lot area.

      (1)   Minimum lot area shall be 7,500 square feet, except that uses with drive-in or drive-through facilities shall be located on lots with a minimum area of 40,000 square feet.

      (2)   All structures, including drive-in or drive-through windows and lanes, shall be set back at least 100 feet from any residential property.

   (b)   Screening. A solid wood fence or masonry wall six feet high shall be constructed where a convenience food store, drive-in or drive-through store or fast food restaurant is located adjacent to a residential property.

   (c)   Off-street parking and circulation.

      (1)   Stacking space for eight vehicles shall be provided for every drive-in and drive-through facility. Stacking spaces shall not block or otherwise interfere with site circulation patterns.

      (2)   Customer and employee parking shall be separated from drive-in and drive-through activities and customer parking shall be located in the area with highest accessibility to dining or sales areas.

      (3)   The circulation system shall provide smooth, continuous traffic flow with efficient, non-conflicting movement throughout the site. Major pedestrian movements shall not conflict with major vehicular circulation movements.

   (d)   Access and traffic impact. Access shall be from an arterial street or commercial collector or shall be provided in a manner that does not cause heavy traffic on residential streets.

(Ord. 98-104, passed 9-14-1998)

   The following conditions and standards shall apply to bed and breakfasts in the B-1 Districts.

   (a)   General limitations.

      (1)   Bed and breakfast facilities shall be compatible with the surrounding area and with sufficient site area to accommodate existing and future needs.

      (2)   There shall be no substantial modification to the exterior appearance of the structure unless required by city and state building codes (e.g. fire escapes, disabled ramps, doorways and the like).

      (3)   Breakfast shall be served on the premises only for the guests of the facility and no other meals shall be provided.

      (4)   No long term rental of units greater than 14 days shall be permitted.

      (5)   There shall be a maximum of five guest rooms.

   (b)   Proximity to another facility. No bed and breakfast shall be located within 400 feet of another bed and breakfast facility unless waived by the Planning Commission.

   (c)   Parking. Off-street parking shall be provided in accordance with Chapter 1175. One space shall be provided for each guest sleeping room or suite, plus two additional spaces for the owner occupants. No parking shall be provided in any front yard. Parking for more than four vehicles shall be screened from view from the street right-of-way or adjoining property by a three foot average height planting hedge, fence, wall or earth mound and one tree for every 40 feet of lineal boundary.

   (d)   Landscaping. Landscaping shall be provided in accordance with the Landscape Ordinance. Where the bed and breakfast home or bed and breakfast inn/lodge is adjacent to a residential property, a continuous combination wood fence, wall, hedge or earth mound six feet in height shall be provided.

   (e)   Signage. There shall be no exterior advertising except one externally illuminated two-sided identification sign not to exceed four square feet in area per sign face. Ground or post/hanging signs shall not exceed six feet in height.

   (f)   Setback. A bed and breakfast inn/lodge shall comply with the district setback requirements. Parking shall be no more than ten feet from any rear or side yard lot line.

   (g)   Lighting. All lighting shall have a total cutoff angle of less than 90 degrees, a maximum illumination of 1.0 foot candles and shall not spill over onto adjacent property.

(Ord. 98-104, passed 9-14-1998)

   Home-based barber shop or beauty salon as defined by § 1133.85 provided that the barber shop or beauty salon meets the following conditions.

   (a)   There shall be no more than one non-illuminated sign, no larger than one square foot in area, which shall be located in conjunction with the curbside mailbox installation or attached to the dwelling.

   (b)   Nothing shall be done to make the building or lot appear in any way as anything but a dwelling and residential lot.

(Ord. 98-104, passed 9-14-1998)

   (c)   The lot size on which the barber shop or beauty salon is to be located is no less than one acre in size.

(Ord. 99-132, passed 10-11-1999)

   (d)   The building in which the barber shop or beauty salon is to be located shall have a setback of 75 feet from the front property line and shall comply with all other setback requirements.

   (e)   The barber shop or beauty salon shall not have more than two chairs in which to provide its services.

   (f)   The hours of operation for the barber shop or beauty salon shall be within the hours of 10:00 a.m. to 7:00 p.m.

   (g)   No odors or trash accumulation shall be present outside the dwelling.

   (h)   No additional curb cuts will be added to the lot or property.

(Ord. 98-104, passed 9-14-1998)

   The following conditions apply to animal hospitals, veterinarian clinics and kennels in the B-2 and B-3 Districts.

   (a)   Minimum lot area. Lot area shall meet the minimum size for the district in which the use is located.

   (b)   Operation.

      (1)   Each animal hospital, veterinarian clinic and kennel shall be subject to all permit and operational laws and regulations established by the state and county and any of their regulatory agencies.

      (2)   No kennel facility shall be located outside the principal building.

      (3)   Outdoor exercise areas shall only be used between the hours of 8:00 a.m. and 8:00 p.m.

      (4)   Rooms which contain animals shall be insulated, or otherwise soundproofed and vented so that animal noises are not audible anywhere beyond the lot.

   (c)   Setbacks and screening.

      (1)   All structures, including fencing, shall be located at least 200 feet from any side and rear property line abutting a residential district and 100 feet from any side or rear property line abutting a business district. Parking areas shall meet the minimum setbacks for the district in which they are located.

      (2)   All exercise areas shall be enclosed by a fence or wall a minimum of five feet in height, except that a minimum six foot high wall, solid wood fence or chain link fence planted with a continuous evergreen screen shall be maintained around all outdoor exercise areas abutting residential property.

   (d)   Special provisions for animal hospitals, veterinarian clinics and kennels adjacent to day-care centers and other public facilities. The Planning Commission shall have the authority to require additional fencing, screening and/or other measures it deems necessary to protect the health, safety and welfare of people located adjacent to an animal facility, or to deny a request to locate a facility in the areas, based on health and safety considerations

   (e)   Performance standards. The Planning Commission may impose other conditions and limitations it deems necessary to prevent or mitigate possible nuisances, such as noise and odor, including limiting the number of animals on the premises. All applications for conditional use permit shall include a statement of the maximum number of animals to be boarded on premises.

(Ord. 2004-155, passed 1-10-2005)

   Within the districts established by this Zoning Ordinance, lots, uses of land, structures and uses of structures and land in combination exist which were lawful before this Zoning Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Ordinance. The legitimate interest of those who lawfully established these nonconformities are recognized by providing for their continuance, subject to regulation limiting their completion, restoration, reconstruction, extension and substitution. Nothing contained in this Zoning Ordinance shall be construed to require any change in the layout, plans, construction, size or use of any lot, structure or structure and land in combination for which a zoning permit became effective and does not lapse prior to the effective date of this Zoning Ordinance. While it is the intent of this Zoning Ordinance that the nonconformities be allowed to continue until removed, they should not be encouraged to survive. No nonconformity may be moved, extended, altered, expanded or used as grounds for any other use(s) or structure(s) prohibited elsewhere in the district without the approval of the Planning Commission and Council, except as otherwise specifically provided for in this Zoning Ordinance.

(Ord. 98-104, passed 9-14-1998)

   Nonconformities are declared by this Zoning Ordinance to be incompatible with permitted uses in the districts in which the uses are located. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this Zoning Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which the use is located.

(Ord. 98-104, passed 9-14-1998)

   To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Ordinance and upon which actual building construction has been carried on diligently. ACTUAL CONSTRUCTION is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has substantially begun preparatory to rebuilding, the demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.

(Ord. 98-104, passed 9-14-1998)

   The Zoning Administrator may, upon his or her own initiative, or shall upon the request of any owner, issue a zoning certificate for any lot, structure, use of land, use of structure or use of land and structure in combination, that certifies that the lot, structure or use is a valid nonconforming use. The certificate shall specify the reason why the use is a nonconforming use, including a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming. The purpose of this section is to protect the owners of lands or structures that are, or become, nonconforming. No fee shall be charged for a certificate. One copy of the certificate shall be returned to the owner and one copy shall be retained by the Zoning Administrator, who shall maintain as a public record a file of all certificates.

(Ord. 98-104, passed 9-14-1998)

   So long as no structural alterations are made, except as required by enforcement of other codes or ordinances, any nonconforming use may, upon appeal to and approval by the Zoning Board of Appeals, be changed to another nonconforming use of the same classification or of a less intensive classification, provided that the Board shall find that the use proposed for substitution is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting the change, the Board may require that additional conditions and safeguards be met, which requirements shall pertain as stipulated conditions to the approval of the change, and failure to meet the conditions shall be considered a punishable violation of this Zoning Ordinance. Whenever a nonconforming use has been changed to a less intensive use or becomes a conforming use, the use shall not thereafter be changed to a more intensive use or other nonconforming use.

(Ord. 98-104, passed 9-14-1998)

   In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Ordinance. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width, or both (that are generally applicable in the district), provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located.

(Ord. 98-104, passed 9-14-1998)

   If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Zoning Ordinance, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Zoning Ordinance. No portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Zoning Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Ordinance.

(Ord. 98-104, passed 9-14-1998)

   At the time of adoption of this Zoning Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Zoning Ordinance. These uses may be continued so long as they remain otherwise lawful, provided:

   (a)   No nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Ordinance;

   (b)   No nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the uses at the effective date of adoption or amendment of this Zoning Ordinance;

   (c)   If any nonconforming uses of land are voluntarily discontinued or abandoned for more than six months (except when government action impedes access to the premises), any subsequent use of the land shall conform to the regulations specified by this Zoning Ordinance for the district in which the land is located; and

   (d)   No additional structure not conforming to the requirements of this Zoning Ordinance shall be erected in connection with the nonconforming use of land.

(Ord. 98-104, passed 9-14-1998)

   Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Zoning Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, intensity or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (a)   No nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

(Ord. 98-104, passed 9-14-1998)

   (b)   Should the nonconforming structure or nonconforming portion of a structure be destroyed by any means to the extent of more than 50% of the cost of replacement, as set forth in § 1173.12, it shall not be reconstructed except in conformity within the provisions of this Zoning Ordinance; and

(Ord. 99-132, passed 10-11-1999)

   (c)   Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. 98-104, passed 9-14-1998)

   If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Zoning Ordinance that would not be allowed in the district under the terms of this Zoning Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.

   (a)   No existing structure devoted to a use not permitted by this Zoning Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. Reconstruction occurs when the cost of the work to be done is greater than 50% of the cost of replacement as set forth in § 1173.12.

(Ord. 99-132, passed 10-11-1999)

   (b)   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the use at the time of adoption or amendment of this Zoning Ordinance, but no use shall be extended to occupy any land outside the building.

   (c)   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

   (d)   When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than six months (except when government action impedes access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

   (e)   When nonconforming use status is applied to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ord. 98-104, passed 9-14-1998)

   When any nonconforming use is discontinued or abandoned for more than six months, any new use shall not thereafter be used except in conformity with the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.

(Ord. 98-104, passed 9-14-1998)

   In the event that any nonconforming building or structure is destroyed by any means to the extent that the estimated cost of repair is greater than 50% of the last appraised cost of the structure, exclusive of foundation, it shall not be rebuilt, restored or reoccupied for any use unless it is brought into conformity with all regulations of this Zoning Ordinance. When a nonconforming structure is damaged or destroyed to the extent that the estimated cost of repair is 50% or less of the replacement cost, no repairs or rebuilding shall be permitted except in conformity with all applicable regulations of this Zoning Ordinance and the following conditions:

(Ord. 99-132, passed 10-11-1999)

   (a)   A zoning certificate pertaining to the restoration shall be applied for and issued within one year of the destruction, and rebuilding shall be diligently pursued to completion; and

   (b)   The restoration shall not cause a new nonconformity, nor shall it increase the degree of nonconformance or noncompliance existing prior to the damage or destruction.

(Ord. 98-104, passed 9-14-1998)

   On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of the official. Where appropriate, a building permit for the activities shall be required.

(Ord. 98-104, passed 9-14-1998)

   The standards in this section are needed to protect the public health, safety and welfare by requiring large retail establishments to locate on arterial roads to separate commercial and residential generated traffic; improve pedestrian safety; diminish the negative impacts of blight caused by vacant commercial structures on adjacent property by increasing reuse opportunities; reduce the impacts on adjacent uses, especially on nearby residential uses, including light and noise; and requiring unique architecture and community spaces and other design elements so that a distinctive visual appearance and small town ambiance is maintained to promote the long term viability of the community’s businesses districts and quality of life of the city’s residents.

(Ord. 2006-81, passed 8-28-2006)

   Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of large retail buildings and provide visual interest that will be consistent with the community’s identity, character and scale.

   (a)   No large retail establishment shall be designed, modeled or constructed after franchise or formula based architecture. All large retail establishments constructed in the city shall be original in design unique only to the city, except franchise businesses may advertise corporate logos on permitted signage.

   (b)   Building facades must include a repeating pattern that shall include no less than three of the following elements: color change; texture change; material module change; and expression of architectural or structural bay through a change in plane no less than 24 inches in width, such as an offset, reveal or projecting rib. All elements shall repeat at intervals of no more than 30 feet to give the structure an appearance of several individual attached bays developed with internal common walls.

   (c)   Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade.

   (d)   Ground floor facades that face public streets shall have arcades, clear glass display windows, entry areas, awnings or other features along no less than 60% of their horizontal length.

   (e)   Facades and walls must have a recognizable base with (but not limited to):

      (1)   Thicker walls, ledges or sills;

      (2)   Integrally textured elements such as stone or other masonry;

      (3)   Integrally colored and patterned elements such as smooth-finished stone;

      (4)   Lighter or darker colored elements, mullions or panels; and

      (5)   Planters.

(Ord. 2006-81, passed 8-28-2006)

   Large retail establishments shall have exterior building materials and colors that are compatible with its surroundings. This includes the use of high-quality materials and colors that are low reflective, subtle, neutral or earth tone. High-intensity colors, bright primary colors, metallic colors or fluorescent colors are prohibited. Shiny, glossy or reflective materials or brighter colors may be used on building trim and accents with a cumulative surface area of less than or equal to one quarter of 1% (< =0.25%) of a wall. Neon lighting as an architectural trim is prohibited. Construction materials such as tilt-up concrete, smooth-faced concrete block, prefabricated steel panels, and other similar materials shall be avoided unless the exterior surface is covered with an acceptable architectural treatment.

(Ord. 2006-81, passed 8-28-2006)

   Roof features should be used to complement the character of adjoining neighborhoods. Variations in roof lines should be used to add interest to, and reduce the massive scale of large buildings. Roofs shall have no less than two of the following features:

   (a)   Parapets concealing flat roofs and rooftop equipment from public view. The average height of the parapets shall not exceed 15% of the height of the supporting wall and the parapets shall not at any point exceed one-third of the height of the supporting wall. The parapets shall feature three dimensional cornice treatments;

   (b)   Cornice treatments, other than colored stripes or bands alone, with integrally textured elements such as stone or other masonry or differently colored elements;

   (c)   Sloping roofs with overhanging eaves and brackets, extending no less than three feet past the supporting walls;

   (d)   Sloping roofs that do not exceed the average height of the supporting walls, which utilize trusses and pillars; and/or

   (e)   Three or more roof slope planes per building elevation.

(Ord. 2006-81, passed 8-28-2006)

   Large retail establishments shall feature multiple entrances. Multiple entrances reduce walking distances from cars and provide greater access from public sidewalks. Additional building entrances on side exterior walls are required to provide convenient store access from parking lots located in side and rear yards. Exterior building entrances are encouraged to tenant spaces other than the primary retail tenant located in the same structure. Each principal building on a site shall have clearly defined, visible customer entrances featuring no less than four of the following:

   (a)   Recesses/projections;

   (b)   Overhangs, canopies or porticos;

   (c)   Arcades;

   (d)   Raised corniced parapets over the door;

   (e)   Peaked roof forms;

   (f)   Arches;

   (g)   Outdoor patios;

   (h)   Display windows;

   (i)   Architectural details such as tile work and moldings which are integrated into the building; and/or

   (j)   Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

(Ord. 2006-81, passed 8-28-2006)

   Large retail establishments may offer for direct sale to the public merchandise which is displayed outdoors with the following standards.

   (a)   The outdoor display area is located behind the front building corners.

   (b)   Permitted merchandise and retail items are completely enclosed by masonry walls or columns and decorative wrought iron bars or other similar materials that match the colors and material of the principal structure.

   (c)   Landscaping shall be provided around the front and side outdoor display walls.

(Ord. 2006-81, passed 8-28-2006)

   All mechanical equipment shall be completely screened to mitigate noise and views in all directions. If roof-mounted, the screen shall be designed to conform architecturally to the design of the building either with varying roof planes or with parapet walls.

(Ord. 2006-81, passed 8-28-2006)

   (a)   Large retail establishments shall provide safety and protection to adjacent residential uses by having primary motor vehicles access from arterial roads as designated on the Thoroughfare Plan.

   (b)   Access points shall conform to the specific requirements of Chapter 1115 Access Management Regulations.

   (c)   An applicant funded traffic impact study shall be provided pursuant to Chapter 1116 Traffic Impact Study Regulations.

(Ord. 2006-81, passed 8-28-2006)

   The project shall provide pedestrian accessibility, safety and convenience to reduce traffic impacts and enable the development to project a friendly inviting image.

   (a)   Continuous internal pedestrian walkways, no less than four feet in width shall be provided from the public sidewalk or bike path located in the adjacent road right-of-way to each principal customer entrance of all principal buildings on the site.

   (b)   All internal pedestrian walkways shall be elevated and/or distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

   (c)   Raised sidewalks, no less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facades abutting public parking areas. The sidewalks shall be located away from the building to accommodate required foundation landscaping, except where features such as arcades or entryways are part of the facade.

(Ord. 2006-81, passed 8-28-2006)

   Each large scale retail establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following: decorative pedestrian plaza with benches, decorative streetscape with window shopping walkway, outdoor playground area, kiosk area, water feature, clock tower or other deliberately shaped area and/or a focal feature or amenity. These areas shall have direct access to the public sidewalk network and the features shall be constructed of materials that are similar in quality to the principal materials of the building and landscape. Central features and community space areas shall be at least 5% of the gross floor area of the large retail establishment in size.

(Ord. 2006-81, passed 8-28-2006)

   For the purpose of providing consistent site lighting that does not produce glare and reduces the illumination of the night sky, the following lighting standards shall be followed.

   (a)   All non-decorative lighting shall use fully shielded, cut off type fixtures.

   (b)   Decorative, pedestrian scale lights are required in all areas of pedestrian activity including, but not limited to, sidewalks, streetscape areas and plazas.

   (c)   The maximum illumination at all property lines shall be 0.5 foot candles as demonstrated on a photometric plan.

   (d)   Light poles shall be consistent with the overall architectural theme of the site and be located in landscape islands located in vehicular use areas where possible.

   (e)   Neon accent lighting is prohibited on buildings.

   (f)   Light poles shall not exceed 30 feet in height.

(Ord. 2006-81, passed 8-28-2006)

   (a)   Delivery, loading, trash removal or other similar operation are prohibited from 10:00 p.m. to 6:00 a.m. when any activity performed as part of a large retail establishment is located within 1,000 feet of residentially zoned or used property.

   (b)   Outdoor speakers are prohibited unless no audible detection can be heard by the human ear at any adjacent or nearby property zoned or used as residential.

(Ord. 2006-81, passed 8-28-2006)

   Creativity in large retail establishment site and building design is encouraged. The requirements in this chapter are minimum requirements, and under no circumstance shall they preclude the developer and/or applicant and the municipality from agreeing to greater design creativity. Design creativity shall not, however, be used to circumvent the minimum requirements of this chapter.

(Ord. 2006-81, passed 8-28-2006)

   Upon the request of an applicant, the Planning Commission may approve applications of submitted large retail establishment site plans from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would detract from the stated purpose of this chapter. A request for a modification shall be submitted to the Planning Commission and shall be heard at a regularly scheduled Planning Commission meeting. The Planning Commission shall decide the issue within a reasonable time after the meeting. In evaluating a request for a modification, the Planning Commission shall include, but not be limited to, the following criteria:

   (a)   Specific condition(s) exist which are unique to the applicant’s land, and do not exist on other land within the same zone;

   (b)   Strict application of this chapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zone;

   (c)   The unique conditions and circumstances are not self-created after the adoption of this chapter;

   (d)   Reasons that the modification shall preserve, not harm the public safety and welfare, and shall not alter the essential character of the neighborhood; and

   (e)   The requested modification substantially complies with the terms and stated purpose of this chapter.

(Ord. 2006-81, passed 8-28-2006)

   An applicant may appeal any decision made by the Planning Commission by submitting a complete application for a Zoning Board of Appeals hearing. The Zoning Board, upon appeal, may grant specific variances from the terms of this chapter as will not be contrary to the public health, safety and welfare and the purpose of this chapter.

(Ord. 2006-81, passed 8-28-2006)

   (a)   When required. In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more, which is to be occupied by manufacturing storage, warehouses, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained, on the same lot with the building, at least one off-street loading space plus one additional loading space for each 20,000 square feet or major fraction thereof of gross floor area so used in excess of 20,000 square feet. Where the floor area of the building exceeds 100,000 square feet, the number of off-street loading spaces shall be determined by the Planning Commission.

   (b)   Dimensions. Each loading space shall be not less than ten feet in width, 25 feet in length and 14 feet in height.

   (c)   Distance from residential districts. No space shall be closer than 100 feet to any other lot located in any residential district, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted solid board fence, of acceptable design to the Planning Commission, not less than six feet in height.

(Ord. 98-104, passed 9-14-1998)

   (a)   When required. In all districts, in connection with every industrial, business, institutional, recreational, residential or other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the requirements herein.

   (b)   Minimum dimensions. Except in the case of dwellings, no parking area provided hereunder shall be less than 1,000 square feet in area.

 

 

(Ord. 98-104, passed 9-14-1998)

   There shall be adequate provision for ingress and egress to all parking spaces. Except in the case of a dwelling, no parking area for three or more vehicles shall be permitted unless it is arranged that vehicles are not forced to back into any public street.

(Ord. 98-104, passed 9-14-1998)

   (a)   For purposes of this chapter, the units of measurement in this section shall apply.

   (b)   For the purpose of applying the requirements in § 1175.05, FLOOR AREA, in the case of office, merchandising or service types of uses, means the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It shall not include areas used principally for nonpublic purposes, such as storage, incidental repair, processing or packaging of merchandise, for show windows, for offices incidental to the management or maintenance of stores or buildings for toilet or rest rooms, for utilities or for dressing rooms, fitting or alteration rooms.

(Ord. 98-104, passed 9-14-1998)

   In connection with every land use, there shall be provided at the time any building or structure is erected, at the time any use of land is extended or at the time the use of a building changes, off-street parking to accommodate all motor vehicles of residents or employees, visitors and customers. Off-street parking facilities shall be provided for all uses according to Table 1175. In the case of a use not specifically stated, the requirements for off-street parking facilities shall be based on a similar use contained in Table 1175.

 

(Ord. 98-104, passed 9-14-1998; Ord. 99-132, passed 10-11-1999; Ord. 2011-64, passed 8-8-2011; Ord. 2015-89, passed 9-28-2015)

   Nothing in this chapter shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses, provided that the total of off-street parking spaces supplied collectively shall not be less than the sum of the requirements for the various uses computed separately.

(Ord. 98-104, passed 9-14-1998)

   Every parcel of land used to park or store motor vehicles or trailers, except property used for residential or agricultural purposes, shall be developed and maintained in accordance with the following requirements:

   (a)   Screening and landscaping. Off-street parking areas for more than five vehicles shall be screened and landscaped as required by the Landscape Ordinance.

   (b)   Surfacing. Any off-street parking area, parking space, parking lot and all access drives to the areas shall be surfaced with a pavement of concrete or asphaltic concrete of sufficient depth to meet the standard engineering practice for the design of pavements for the anticipated traffic load and shall be so graded and drained to meet the requirements of Chapter 1119 for the disposal of all surface water accumulated within the areas, and shall be so arranged and marked as to provide for orderly and safe loading, unloading, parking and storage of motor vehicles.

   (c)   Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to deflect the light away from any adjoining premises in any residence district.

   (d)   Curbing. All paved areas must have curbing unless waived by the Planning Commission.

(Ord. 2004-155, passed 1-10-2005)

   The Zoning Board of Appeals may authorize on appeal a modification, reduction or waiver of the foregoing requirements, if it should find that, in the particular case appealed, the peculiar nature of the residential, business, trade, industrial or other use, or the exceptional shape or size of the property or other exceptional situation or condition, would justify the action.

(Ord. 98-104, passed 9-14-1998)

   Motels and motor hotels are permitted only in designated districts and shall front on a street designated as a major or minor arterial, provided that the premises shall be enclosed by a solid wall or fence at least six feet high where it abuts in the rear or on the sides of any residence district, public park, school and the like. No kitchen or cooking facilities for the use of the transients or guests shall be provided in any motel or hotel unit.

(Ord. 98-104, passed 9-14-1998)

   No vehicular entrances to or exits from any motel or motor hotel, wherever such may be located, shall be within 200 feet along streets from any school, public playground, church, hospital, library or institution for dependents or for children, except where the property is in another block or another street which the premises in question does not abut.

(Ord. 98-104, passed 9-14-1998)

   Applicable county and city sanitary regulations shall be complied with, in addition to the following regulations.

   (a)   Area and yard requirements. Motels and motor hotels shall comply with the applicable provisions of the district in which they are located.

   (b)   Parking. All areas used for automobile access and parking shall comply with the applicable provisions of Chapter 1175.

(Ord. 98-104, passed 9-14-1998)

   All areas not used for access, parking, circulation, buildings and services shall comply with the Landscape Ordinance.

(Ord. 98-104, passed 9-14-1998)

   Any enlargement or extension to any existing motel or motor hotel shall require application for a zoning certificate as if it were a new establishment.

(Ord. 98-104, passed 9-14-1998)

   The height limitations stipulated elsewhere in this Zoning Ordinance shall not apply to the following:

(Ord. 99-132, passed 10-11-1999; Ord. 2015-90, passed 10-12-2015)

(Ord. 98-104, passed 9-14-1998; Ord. 2015-90, passed 10-12-2015)

   All structures above the heights otherwise permitted in the district shall not occupy more than 25% of the area of the lot and shall be distant not less than 50 feet in all parts from every lot line not a street line.

(Ord. 98-104, passed 9-14-1998)

   Buildings on through lots shall conform to the front yard requirements for each street. In case of reversed frontage, an accessory building shall not extend beyond the setback line of the rear street.

(Ord. 98-104, passed 9-14-1998)

   In the case of curvilinear streets and cul-de-sacs, the Zoning Board of Appeals may authorize a reduction of the otherwise specified frontage or lot width in residential districts along the front property line, provided that:

   (a)   The lot width at the building line shall equal the frontage or lot width required in the district where located;

   (b)   The lot width at the street frontage shall be not less than 30 feet in any event; and

   (c)   The reduction of frontage shall not result in a reduction of the required lot area.

(Ord. 98-104, passed 9-14-1998)

   In any residential district, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this Zoning Ordinance; the required depth of the front yard on the lot shall be modified. In this case, this shall not be less than the average depth of the existing front yards on the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on any lot immediately adjoining; provided, however, that the depth of a front yard on any lot shall be at least 20 feet and need not exceed 60 feet.

(Ord. 98-104, passed 9-14-1998)

   In computing the depths of a rear yard or the width of a side yard, where the rear or side yard abuts on an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be.

(Ord. 98-104, passed 9-14-1998)

   (a)   Side yard increased. Each side yard, where required, shall be increased in width by one inch for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds 50 feet.

   (b)   Side yard varied, wall not parallel. Side yard width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In these cases the average width of the side yard shall not be less than the otherwise required least width; provided, however, that the side yard shall not be narrower at any point than one-half the otherwise required least width, or narrower than three feet in any case.

   (c)   Side yard for corner lot. A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in a residence district, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street.

   (d)   Lot types and yards illustrated.

(Ord. 98-104, passed 9-14-1998)

   Certain architectural features may project into required yards or courts as follows.

   (a)   Front and side yards. Into any required front yard, or required side yard adjoining a side street lot line:

      (1)   Cornices, canopies, eaves or other architectural features may project a distance not exceeding two feet, six inches;

      (2)   Fire escapes may project a distance not exceeding four feet, six inches;

      (3)   An uncovered stair and necessary landings may project a distance not to exceed six feet, provided the stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height;

      (4)   Bay windows, balconies, uncovered porches and chimneys may project a distance not exceeding three feet, provided that the features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located; and

(Ord. 98-104, passed 9-14-1998)

      (5)   Mailboxes.

         A.   Brick mailboxes are permitted in any zone provided that the closest edge of the structure is no more than five feet to the edge of pavement, the structure does not interfere with roadside ditch drainage and a paved pull-off is provided for postal employee access. If the pull-off is along a curbed street, the curb must follow the edge of the paved pull-off area.

         B.   Wood or iron break-away mailboxes are permitted provided that there is a distance of 12 inches to 18 inches from the face of the mailbox to the vertical plane of the back of curb or edge of pavement if no curb is present.

         C.   If city maintenance of the right-of-way is needed and the mailbox is damaged or removed, the restoration of the mailbox shall be the responsibility of the owner.

         D.   All mailboxes must be installed to the proper height as required by the United States postal service.

(Ord. 99-132, passed 10-11-1999)

   (b)   Interior side yards. Subject to the limitations in division (a) hereof, the above named features may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-fifth of the required least width of the side yard, but not exceeding three feet in any case.

   (c)   Rear yards. Subject to the limitation in division (b) hereof, the features named therein may project into any required rear yards the same distances they are permitted to project into a front yard.

(Ord. 98-104, passed 9-14-1998)

   (a)   Height. Fences and walls shall not exceed six feet in height except as specifically permitted in divisions (e) and (f) hereof.

   (b)   Front yard prohibition. No fence or wall shall be permitted in a front yard, except that ornamental fences shall be permitted as regulated in this section.

   (c)   Corner lots. No fence or wall on a corner lot shall extend in front of the front building line of the property on which it is located. Additionally, on a corner lot, a fence or wall within 25 feet of an adjacent lot shall not extend in front of the front building line of the adjacent lot.

      (1)   Fences or walls surrounding utility or mechanical equipment may be up to eight feet in height if the fence or wall is necessary to screen the equipment.

      (2)   In no case shall a wall or a fence, including underground pet barriers known as “invisible fences,” be located in the right-of-way.

(Ord. 98-104, passed 9-14-1998; Ord. 2015-89, passed 9-28-2015)

   (g)   Construction of fences and walls. Fences and walls may be constructed out of weather-treated wood, stone, concrete, brick, wrought iron or chain link. The use of barbed wire on any part of a fence or wall is not allowed except in conjunction with utility structures and in I-1 and I-2 zones.

(Ord. 99-132, passed 10-11-1999)

   (a)   It is hereby determined that regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services and facilities without difficulty and confusion, to promote traffic safety, safeguard public health and welfare and prevent wasteful use of natural resources in competition among businesses for attention.

   (b)   In addition, it is the intent of this chapter to assure the continued attractiveness of the total city environment through the adoption of discretionary controls designed to preserve scenic, aesthetic, and economic values within the city. It is further determined that signs lawfully erected and maintained under the provisions of this chapter are consistent with customary usage.

   (c)   The standards contained herein are intended to be content neutral while achieving the following objectives:

      (1)   Recognize the proliferation of signs is unduly distracting to motorists and non-motorists travelers, reduces the effectiveness of signs directing and warning the public, causes confusion, reduces desired uniform traffic flow and creates the potential for vehicular crashes;

      (2)   Prevent signs that are potentially dangerous to the public because of structural deficiencies or disrepair;

      (3)   Require signs to conform to the city character and scale and reduce visual pollution caused by a proliferation of signs which could diminish the city’s image, property values, and quality of life;

      (4)   Recognize that the principal intent of commercial signs, to meet the purpose of these standards and serve the public interest, should be for identification of an establishment on the premises, and not for advertising special events, brand names or off-premise activities; alternative channels of advertising communication and media are available for advertising that does not create visual blight and compromise safety of the motoring public;

      (5)   Enable the public to locate goods, services and facilities without excessive difficulty and confusion by restricting the number and placement of signs;

      (6)   Prevent placement of signs that will conceal or obscure signs of adjacent uses;

      (7)   Protect the public right to receive messages, especially noncommercial messages such as religious, political, economic, social, philosophical and other types of information protected by the First Amendment of the United States Constitution

      (8)   Achieve a substantial government interest for public safety, aesthetics and protection of property values;

      (9)   Maintain and improve the image of the city by encouraging signs that are compatible with and complimentary to related buildings, uses and adjacent streets through the establishment of limited discretionary standards and specific standards for various commercial areas in the city; and

      (10)   To prohibit all signs that are not expressly permitted under this chapter.

(Ord. 2003-99, passed 9-8-2003)

   (a)   Scope of requirements. It shall be unlawful for any person, firm or corporation to erect, construct or alter any sign in the city except in conformance with the provisions of this chapter, subject to issuance of a permit, except as otherwise provided herein.

   (b)   Location; setback requirements.

      (1)   All freestanding signs shall be set back a minimum of ten feet from the right-of-way as shown on the City of Mason Thoroughfare Plan, unless otherwise exempted.

      (2)   Signs shall be setback at least three feet from the closest edge of any parking lot to protect signs from vehicular encroachment.

      (3)   Freestanding signs in nonresidential zoning districts shall be located no closer than 50 feet to any residential zoning district. Freestanding signs in residential districts located on a nonresidential property shall be located no closer than 50 feet to any property line used for residential purposes.

      (4)   All signs shall comply with § 1171.09.

   (c)   Construction standards.

      (1)   General requirements. All signs shall be designed and constructed in a safe and stable manner in accordance with the Building Code and other applicable codes. All electrical wiring associated with a freestanding sign shall be installed underground.

      (2)   Framework. All signs shall be designed so that all internal support framework is contained within the sign or behind the face of the sign or within the building to which it is attached so as to be totally screened from view.

   (d)   Sign area, setback and height measurements.

      (1)   Sign area measurements. Sign area shall be computed as follows.

         A.   General requirements. Where a sign consists of a generally flat surface or sign face on which lettering and other information is affixed, the sign area shall be computed by measuring the entire face of the sign, including any frame which forms an integral part of the sign display (see Figure 1187.02B).

         B.   Individual letters. Where a sign consists of individual letters and logo affixed directly to a building, the area of the sign shall be computed by measuring the area of the rectangular envelope required to enclose the lettering and logo.

         C.   Freestanding sign. The area of a freestanding sign shall be computed by measuring the entire

      vertical surface of a face upon which the letters and logo are attached. The area of a double-faced freestanding sign shall be computed using only one face of the sign provided that:

            1.   The outline and dimensions of both faces are identical; and

            2.   The faces are back-to-back so that only one face is visible at any given time.

      (2)   Setback and distance measurements. The following guidelines shall be used to determine compliance with setback and distance measurements.

         A.   The distance between two signs shall be measured along a straight horizontal line that represents the shortest distance between the two signs.

         B.   The distance between a sign and a parking lot or building shall be measured along a straight horizontal line that represents the shortest distance between the sign and the outer edge of the parking lot or building.

         C.   The distance between a sign and a property line shall be measured along a straight horizontal line that represents the shortest distance between the sign and property line.

         D.   The distance between a sign and a right-of-way line shall be measured along a straight horizontal line that represents the shortest distance between the sign and right-of-way line.

      (3)   Height measurements. Sign height shall be computed as follows.

         A.   The height of a freestanding sign shall be determined by measuring the vertical distance between the top part of the sign or its structure or frame, whichever is highest, to the elevation of the ground directly beneath the sign or the elevation of the street centerline of the road that the sign fronts on, whichever is lowest (see Figure 1187.02C). In the event that the sign height is less than allowed under this chapter due to the differences in elevation between the street centerline and the ground beneath the proposed sign, the applicant may request a sign height determination from the Zoning Board of Appeals. The Zoning Board of Appeal’s determination may not exceed the maximum permitted height of a freestanding sign as regulated in this chapter.

         B.   The height of an awning, canopy, marquee, window, wall or projecting sign shall be determined by measuring the vertical distance between the top part of the of a sign letter, symbol, panel or frame, whichever is highest to the elevation of ground underneath the sign (see Figure 1187.02D).

         C.   Any material whose major function is to provide structural support for a sign shall be considered part of the sign for purposes of determining sign height.

   (e)   Illumination.

      (1)   General requirements. Signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, except for all signs located in the B-l Central Business District, which shall be externally lit.

      (2)   Non-glare, shielded lighting. Use of glaring, unshielded or undiffused lights or bulbs shall be prohibited. Lights shall be shielded so as not to project onto adjoining properties or thoroughfares.

      (3)   Traffic hazards. Sign illumination that could distract motorists or otherwise create a traffic hazard shall be prohibited.

      (4)   Bare bulb illumination. Illumination by bare bulbs or flames is prohibited.

      (5)   Intensity. Illumination resulting from all signs and sign lighting on any property in a nonresidential zoning district shall not exceed one-half foot candles at a height of five feet when measured at any point on property in a residential zoning district or at any point on any road right-of-way.

   (f)   Sign design features.

      (1)   The following standards shall apply to all signs.

      (2)   All signs shall be designed, constructed, and maintained so as to compliment the construction materials and architectural style of the principal structure on the lot and to prevent nuisances and distractions to motorists.

         A.   Location. Signs shall not cover architectural details such as arches, transom windows, doors, moldings, columns, capitals, sills, cornices and similar details.

         B.   Material. Sign materials shall compliment the construction materials and architectural style of the building facade.

         C.   Lettering style. Lettering style shall be clean and simple to assure readability (see Figure 1187.02E).

         D.   Colors. Colors used on any sign should be in harmony with the building color and architecture.

         E.   Text lines. The amount and number of text and text lines on any sign should be kept to a minimum to aid in effective communication and to prevent a nuisance (see Figures 1187.02E and 1187.02F).

   (g)   Treatment of existing signs.

      (1)   Maintenance.

         A.   Repair and preservation. All signs and sign structures shall be kept in repair and in a proper state of preservation.

         B.   Sanitation/landscaping. Property surrounding any freestanding sign shall be kept clean, sanitary and free from obnoxious and offensive substances, weeds, debris, rubbish and flammable material. All plant materials and other landscaping surrounding a freestanding sign shall be maintained on a regular basis, including pruning, mowing, watering, fertilizing and replacement of dead and diseased materials.

      (2)   Inspection of existing signs. The Building Official shall have the authority to routinely enter onto property to inspect existing signs for compliance with this chapter. In conducting the inspections, the Building Official shall determine whether the sign is compliant with the City Building Code. The sign owner shall be notified of any defects or deferred maintenance requiring corrective action in writing.

      (3)   Correction of defects. If any sign reaches a state of disrepair and is deemed unsightly or unsafe or abandoned by the Zoning Administrator and is not properly renovated within 30 days, it shall be condemned and an order issued for its immediate removal by sign erector, owner of the sign, or owner of the land.

      (4)   Removal of signs.

         A.   Public nuisance. Signs that exhibit a material defect or lapse of maintenance to an extent that the sign jeopardize public safety shall be deemed a nuisance by the Building Official or his or her designee and be removed immediately at the expense of the property owner. The Building Official or his or her designee may have the sign removed by private contractor. Costs associated with the sign removal shall be a debt owed to the city by the owner of the sign. The city may assess the costs to remove the sign on the property owner’s taxes.

         B.   Abandoned signs. Any sign face or copy that no longer identifies a business that is in operation, or that identifies an activity or event that has already occurred, shall be considered abandoned and shall be removed by the owner, agent or person having use of the building or structure. Upon vacating a commercial or industrial establishment, the property owner shall be responsible for removal of all non-permanent signs and sign copy used in conjunction with the business. The property owner shall paint over painted wall signs so the original sign is not visible and completely blocked. The entire wall shall be painted if the color of paint used to block out the painted wall sign does not match the color of the wall.

         C.   Unlawful signs. Signs that are erected without an approved permit or erected in a manner different than approved shall be unlawful and removed by the owner, agent or person having use of the building, structure or unit. The Zoning Administrator may fine the sign owner or property owner where an unlawful sign is located as permitted in § 1135.99. The Zoning Administrator may use all remedies provided for by law to bring the unlawful sign into compliance or to have the sign removed.

         D.   Signs placed in city right-of-way. Signs placed in the city’s right-of-way without previous approval by City Council will be immediately removed by the Zoning Administrator. All expenses incurred by the city when removing the illegally placed signs will be the responsibility of the sign owner.

(Ord. 2003-99, passed 9-8-2003)

   (a)   Any signs erected prior to the enactment of this chapter and not conforming to the provisions of this chapter shall be deemed to be nonconforming. This shall not prohibit the posting or maintaining in a safe condition any sign which is nonconforming.

   (b)   Any nonconforming sign which is relocated or replaced shall comply with all provisions of this chapter.

   (c)   Any nonconforming sign which has not been used for a continuous period of six months for any reason shall not be rebuilt, re-erected, relocated, or reused unless or until it is made to comply with the standards of this chapter and the Building Code.

   (d)   Normal maintenance shall be permitted, provided that any nonconforming sign that is destroyed by any means to an extent greater than 50% of the sign’s pre-catastrophe fair market value, exclusive of the foundation, shall not be reconstructed. Normal maintenance shall include painting of chipped or faded signs; replacement of faded or damaged surface panels; or repair or replacement of electrical wiring or electrical devices. A nonconforming sign shall not be structurally altered to prolong the life of the sign.

(Ord. 2003-99, passed 9-8-2003)

   (a)   Permits required. Building and zoning permits shall be obtained for erection, construction, enlargement, relocation or modification of any size sign, as regulated by the Building Department of the city and this chapter.

   (b)   Fee. A permit shall require payment of a fee as set in § 205.01. Permits for sign construction shall expire six months from the date they are issued. The applicant can request one 30-day extension. The request for an extension must be filed in writing to the Zoning Administrator at least 15 days prior to the expiration date of the original permit. The fee shall be one-half the amount required for a new permit.

   (c)   Permit applications. Application for a sign permit shall be made upon forms provided by the Zoning Administrator. The following information shall be required:

      (1)   Name, address and telephone number of the applicant;

      (2)   Location of the building, structure or lot on which the sign is to be attached or erected;

      (3)   A plot plan or site plan showing the position of the sign in relation to the building facade and other existing or proposed improvements on the property such as parking lots, drives and walkways. Permit applications submitted for freestanding signs shall also show nearby buildings, structures, including other signs, property lines, roadways, and adjacent land uses and zoning within 100 feet of the proposed freestanding sign;

      (4)   A plot plan or site plan showing the sign dimensions, height, area, materials, colors, lettering as it will appear on the completed sign, method of construction, method of illumination and method of attachment to the building or in the ground;

      (5)   Landscaping proposed around freestanding signs including the amount and type of species utilized. Landscaping shall be designed as to be proportionate to the size of the sign. All plant materials shall comply with the Mason Landscape Code;

      (6)   Name and address of the person, firm or corporation owning, erecting and maintaining the sign;

      (7)   Information concerning required electrical connections and electrical permits;

      (8)   Written consent of the owner or lessee of the premises upon which the sign is to be erected; and

      (9)   Other information required by the Zoning Administrator and Building Department to make the determination that the sign is in compliance with all applicable laws and regulations.

   (d)   Issuance of a permit. The applicant shall be given a permit by the Zoning Administrator and Building Department after a complete sign permit application is submitted for the Zoning Administrator’s and Building Department’s review. Sign applications that are not complete or do not meet the minimum standard required in this chapter shall not be approved. The Zoning Administrator shall send to the applicant a notice of the specific ways in which the application is deficient, incomplete or not in compliance with this chapter.

   (e)   Inspection. All signs for which a permit has been issued shall be inspected by the Zoning Administrator and Building Official when erected. Approval shall be granted only if the sign has been constructed in compliance with the approved plans and applicable Zoning Code and Building Code standards.

   (f)   Exceptions. A new permit shall not be required for ordinary servicing or repainting of an existing sign, cleaning of a sign or changing of the message on the sign where the sign is designed for the changes (such as lettering on a marquee or numbers on a gasoline price sign). Replacement of the plastic face shall be included as an exempt operation provided that it is due to a change caused by breakage and/or deterioration of the face, but not for the substitution of a new or different advertiser. Furthermore, a permit shall not be required for certain signs listed in § 1187.05.

(Ord. 2003-99, passed 9-8-2003)

   (a)   Government signs for control of traffic and other regulatory purposes, street signs, warning signs, railroad crossing signs and signs for the purpose of public safety or signs associated with city government functions;

   (b)   Flags, emblems and insignia of any governmental agency. Lots zoned residential shall have no more than two flags and one flag pole. Nonresidential zoned lots shall have no more than four flags and three flag poles;

   (c)   Commemorative or memorial plaques placed by recognized historical agencies or in association with the city;

   (d)   Two on-site directional signs without commercial messages, logos, commercial information or other forms of advertising. Directional signs shall not exceed four square feet in area, or 30 inches in height;

   (e)   Signs that designate a site, building, facility or portion thereof as barrier-free;

   (f)   Address numbers with a numeral height no greater than six inches for residences and 12 inches for businesses;

   (g)   Identification signs not to exceed two square feet;

   (h)   Incidental exterior window signs (see definition in § 1133.140), provided that total of all signs shall not exceed four square feet;

   (i)   Real estate and “open house” signs with an area no greater than six square feet in area advertising the sale, rental or lease of that particular property;

   (j)   “No Trespassing,” “Help Wanted” and “No Dumping” or similar signs with an area no greater than two square feet. Signs two square feet or smaller are allowed without a permit. Applicants wishing to install a sign larger than two square feet are required to obtain a sign permit;

   (k)   Permanent signs on fuel pumps, automatic teller machines (ATM) or ice containers or similar devices indicating only the contents and operational instructions for the devices, provided that the sign area for each device shall not exceed four square feet;

   (l)   Works of art that do not include a commercial message;

   (m)   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;

   (n)   Signs required or specifically authorized for a public purpose by any law, statute or chapter; which may be of any type, number, area, height above grade, location, illumination or animation, required by the law, statute or chapter under which the signs are erected; and

   (o)   Traffic control signs on private property, such as “Stop,” “Yield” and similar signs, the faces of which meet Ohio Manual of Uniform Traffic Control Devices standards and which contain no commercial message of any sort.

(Ord. 2003-99, passed 9-8-2003)

   (a)   No signs shall be attached or otherwise applied to trees, bus shelters, utility poles, benches, trash receptacles, vending machines or any other unapproved supporting structure or otherwise placed in the public right-of-way, except signs that meet the standards of the Ohio Manual of Uniform Traffic Control Devices or as approved by City Council;

   (b)   Pennants, streamers, festoons, spinners, balloons, balloon signs and similar type devices;

   (c)   No sign shall emit audible sounds including messages, announcements, music or sirens and the like;

   (d)   Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure, except where permitted under this chapter;

   (e)   Projecting signs, except in the B-1 Central Business District. No projecting sign shall extend above the wall or parapet of a building to which it is affixed;

   (f)   All blinking, flashing or intermittent lighting;

   (g)   Moving, revolving or rotating signs;

   (h)   Off-premise advertising signs except where expressly permitted in this chapter;

   (i)   Roof signs;

   (j)   Portable signs, except where expressly permitted in this chapter;

   (k)   Any sign which makes use of the words “Stop,” “Look” or “Danger,” or any other words, phrases, symbols or characters, in a manner as to interfere with, mislead or confuse traffic;

   (l)   Any sign containing obscene, indecent or immoral matter;

   (m)   Real estate signs no longer valid due to the sale, rental or lease of the property;

   (n)   String lights used for commercial purposes, other than holiday decorations which must be mounted on the principal structure on the lot;

   (o)   Signs affixed to a parked motor vehicle or trailer which is being used principally for advertising purposes, rather than for transportation purposes, on public or private property;

   (p)   Any sign not expressly permitted;

   (q)   Abandoned signs;

   (r)   The tacking, pasting or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of buildings, barns, sheds, on trees, poles, posts, fences or other structures is prohibited unless otherwise permitted by this chapter;

   (s)   The permanent use of searchlights shall be prohibited. Searchlights shall be considered temporary signage;

   (t)   LED and electronic message boards, except as otherwise permitted for electronic gasoline price signs in the B-2, Shopping Center District, and the B-3, Road Service Commercial District;

   (u)   Temporary signs with changeable copy;

   (v)   Neon signs where the tubing is exposed on all sides; and

   (w)   Portable changeable copy signs.

(Ord. 2003-99, passed 9-8-2003; Ord. 2015-89, passed 9-28-2015)

   (a)   Temporary signs shall be located on the premises to which they refer, except as permitted in division (d) below of this section.

   (b)   Temporary signs shall not be illuminated.

   (c)   Temporary signs shall be permitted as specified in the Temporary Sign Standards Table, except as permitted in division (d) below of this section.

 

(Ord. 2004-15, passed 3-8-2004)

   (d)   Temporary signs for community events sponsored in whole or in part by the city.

      (1)   Signs for community events on city property.

         A.   The event must be sponsored in whole or in part by a city agency such as Parks and Recreation, Fire Department or Police Department.

         B.   The event must take place on the city property, including the community center facility.

         C.   Only one sign at the event location is permitted to list sponsors other than the city. Signs not at the event location are not permitted to include sponsors other than the city, except for a single co-sponsor having a typeface smaller than that used for the city and the title of the event. Commercial advertisements are not permitted.

         D.   Signs are permitted at all city property locations, with a maximum size of 32 square feet, for up to 15 days. Signs are permitted for only one event at a time at any one location.

      (2)   Signs for community center events at the Community Center.

         A.   The event must be sponsored in whole or in part by a city agency such as Parks and Recreation, Fire Department or Police Department.

         B.   The event must take place on city property, including the Community Center facility.

         C.   Only one sign at the event location on Lakeside Drive is permitted to list sponsors other than the city. Signs not at the event location are not permitted to include sponsors other than the city, except for a single co-sponsor having a type-face smaller than that used for the city and the title of the event. Commercial advertisements are not permitted.

         D.   Additional signs of up to 32 square feet are permitted on the Municipal Center frontage on Mason-Montgomery Road and in the parks, for up to 15 days. Signs are permitted for only one event at a time at any one location.

      (3)   Signs for community events not on city property.

         A.   Event must be sponsored in whole or in part by a city agency such as Parks and Recreation, Fire Department or Police Department.

         B.   The city must control the dates and times of the individual events. Seasonal sports and sign-ups for sports teams and programs not administered by the city are not included.

         C.   A maximum of six signs are permitted along city thoroughfares and in the parks, for a maximum of 32 square feet for up to 15 days. Signs are permitted for only one event at a time at any one location and all signs must have the permission of the property owner.

      (4)   Right-of-way. All temporary signs for community events must be out of the right-of-way and maintain the unobstructed sight distance in § 1171.09. Events not sponsored by the city, but taking place on city property must meet the temporary sign regulations in divisions (a) through (c) above of this section and Table 1187.07. Fees and permits are not required for temporary signs for community events that qualify for this division (d) of this section.

(Ord. 2003-99, passed 9-8-2003)

   (a)   Generally. A billboard is an off-premise advertising sign permitted in business and industrial districts located adjacent to an interstate highway. Billboards shall not be located on or over the roofs of buildings.

   (b)   Standards.

      (1)   Maximum size. No billboard sign shall exceed 400 square feet in area per sign. Each billboard sign shall have no more than one sign face. No more than one product, business, message and/or event shall be advertised on any billboard sign face.

      (2)   Maximum height. The maximum height for such signs shall be equal to the height restrictions set for principal structures within the zoning district in which it is located.

      (3)   Setbacks.

         A.   Highway right-of-way. No billboard sign shall be erected or maintained within 660 feet of the edge of the right-of-way of an interstate or state highway.

         B.   Property lines. Billboard signs shall comply with the building setback requirements for the district in which they are located.

         C.   Noncompatible use or structure. No part of any billboard sign shall be located closer than 500 feet to any residential dwelling unit, residential zoning district, park, school, church, hospital, cemetery, government building or interstate interchange.

         D.   Distance between billboards. There shall be a minimum of 2,000 feet between billboard signs. Only one billboard sign may be located on either side of an interstate or state highway for each 2,000 foot segment, including billboard signs in adjacent governmental jurisdictions.

         E.   Distance between billboards and on-premise signs. There shall be a minimum of 250 feet between any billboard sign and any on-premise sign.

      (4)   Content. Each face of the billboard sign shall exhibit no more than two pictorials and/or two written messages about one use, product, service, goods, event or facility located on other premises. No face of a sign shall be so designed as to give the impression of more than two signs.

      (5)   Billboard not used for advertising purposes. Any billboard sign not in use for advertising purposes shall have unused surfaces kept uniformly white in color overall. However, the owner of the sign shall be permitted to place a phone number on it to which inquiries for advertisement may be directed.

      (6)   Additional requirements. All outdoor advertising signs shall comply with all applicable requirements and conditions to the Ohio Revised Code and Ohio Administrative Code for advertising device control.

(Ord. 2003-99, passed 9-8-2003)

   (a)   Permitted signs. The following signs shall be permitted in residential zoning districts.

      (1)   Signs without a permit. Signs permitted without a permit, such as a name plate sign and street address, are allowed subject to the provisions of § 1187.05.

      (2)   Temporary signs. Real estate signs and other temporary signs shall be permitted in accordance with § 1187.07.

      (3)   Residential entranceway or identification signs. Permanent residential entranceway or identification signs shall be permitted in accordance with the following regulations.

         A.   There shall be no more than one sign located at each entrance to a subdivision or other residential development. The sign shall display the name of the development only. Names of developers, homebuilders or contractors shall not be displayed anywhere on the sign.

         B.   Sign materials shall compliment the construction materials and architectural style of the houses within the subdivision. Landscaping shall be provided to create an aesthetically pleasing and safe identification for the residential development.

         C.   Entranceway structures shall not exceed eight feet in height.

         D.   Entranceway signs shall be externally illuminated.

         E.   All freestanding signs shall comply with the setback and location requirements of § 1187.02.

      (4)   Home occupation signs.

         A.   No more than one nonilluminated sign shall be allowed for each home occupation. The sign shall be located on the facade of the structure in which the home occupation is conducted or on the mailbox of the residence provided that the mailbox is on or abuts the residence where the home occupation is located.

         B.   The sign shall display only the name and occupation of the residents on the premises.

         C.   Signs placed on the facade of the structure where the home occupation is located shall have no more than one face, nor shall the sign face exceed three square feet in area. Signs placed on the mailbox shall not exceed one square foot in area.

   (b)   Signs permitted for nonresidential uses in residential districts. Nonresidential uses in residential districts, such as schools, colleges, public parks, museums, municipal buildings, churches and country clubs shall be permitted to erect the following signage.

      (1)   Signs without a permit. Signs permitted without a permit, such as a name plate sign and street address, are allowed subject to the provisions of § 1187.05.

      (2)   Temporary signs. Real estate signs and other temporary signs shall be permitted in accordance with § 1187.07.

      (3)   Ground mounted signs including bulletin boards.

         A.   Size. There shall be no more than one ground mounted sign per road frontage for a maximum number of two ground mounted signs per lot. The total area of the permitted ground mounted sign adjacent to a local or collector street shall not exceed 16 square feet. The total area of the permitted ground mounted sign adjacent to a minor or major arterial street shall not exceed 64 square feet.

         B.   Setbacks. Ground mounted signs shall be set back as required in § 1187.02(b).

         C.   Height. The maximum height of any ground mounted sign facing a local or collector street shall be six feet. The maximum height of any ground mounted sign facing a minor or major arterial street shall be eight feet.

         D.   Landscaping. A landscaping area around the base of the ground mounted sign shall be provided equal to the area of the sign face, A mixture of live plant material shall be provided in the landscape area and should include a combination of shrubs, annuals and perennials to create a pleasing identification for the development it advertises.

         E.   Lighting. Ground mounted signs shall be externally lit with shielded and diffused lights.

      (4)   Wall signs.

         A.   Size. There shall be no more than one wall sign per parcel. The total area of wall sign shall not exceed one square foot per linear foot of building frontage, not to exceed 32 square feet in area.

         B.   Location. Wall signs shall be permitted only on the side of a building which faces the front lot line. Wall signs shall be mounted on a flush surface.

         C.   Height. The top of a wall sign shall not be higher than 15 feet.

(Ord. 2003-99, passed 9-8-2003)

   (a)   Permitted signs.

      (1)   Signs without a permit. Signs permitted without a permit, such as a name plate sign and street address, are allowed subject to the provisions of § 1187.05.

      (2)   Temporary signs. Real estate signs and other temporary signs shall be permitted in accordance with § 1187.07.

      (3)   Residential entranceway or identification signs. Permanent residential entranceway or identification signs shall be permitted in accordance with the following regulations.

         A.   There shall be no more than one sign located at each entrance to a subdivision or other residential development. The sign shall display the name of the development only. Names of developers, homebuilders or contractors shall not be displayed anywhere on the sign.

         B.   Sign materials shall compliment the construction materials and architectural style of the houses within the subdivision. Landscaping shall be provided to create an aesthetically pleasing and safe identification for the residential development.

         C.   Entranceway structures shall not exceed eight feet in height.

         D.   Entranceway signs shall be externally illuminated.

         E.   All ground mounted signs shall comply with the setback and location requirements of § 1187.02.

      (4)   Home occupation signs.

         A.   Permits for home occupation signs shall be issued by the Zoning Administrator.

         B.   Home occupation signs shall be limited to signs placed on the facade of the structure in which the home occupation is conducted.

         C.   No more than one nonilluminated sign shall be allowed for each home occupation. The sign shall display only the name and occupation of the residents on the premises.

         D.   No sign for a home occupation shall have more than one face, nor shall any sign face exceed one square feet in area.

      (5)   Management office identification. Rental or management offices in the residential district shall be permitted one identification sign not to exceed six square feet in area.

   (b)   Signs permitted for nonresidential uses in residential districts. Nonresidential uses in residential districts, such as schools, public parks, colleges, museums, municipal buildings, churches and country clubs shall be permitted to erect the following signage.

      (1)   Signs without a permit. Signs permitted without a permit, such as a name plate sign and street address, are allowed subject to the provisions of § 1187.05.

      (2)   Temporary signs. Real estate signs and other temporary signs shall be permitted in accordance with § 1187.07.

      (3)   Ground mounted signs including bulletin boards.

         A.   Size. There shall be no more than one ground mounted sign per road frontage for a maximum number of two ground mounted signs per lot. The total area of the permitted ground mounted sign adjacent to a local or collector street shall not exceed 16 square feet. The total area of the permitted ground mounted sign adjacent to a minor or major arterial street shall not exceed 64 square feet.

         B.   Setbacks. Ground mounted signs shall be set back as required in § 1187.02(b).

         C.   Height. The maximum height of any ground mounted sign facing a local or collector street shall be six feet. The maximum height of any ground mounted sign facing a minor or major arterial street shall be eight feet.

         D.   Landscaping. A landscaping area around the base of the ground mounted sign shall be provided equal to the area of the sign face. A mixture of live plant material shall be provided in the landscape area and should include a combination of shrubs, annuals and perennials to create a pleasing identification for the development it advertises.

         E.   Lighting. Ground mounted signs shall be externally lit with shielded and diffused lights.

      (4)   Wall signs.

         A.   Size. There shall be no more than one wall sign per parcel. The total area of wall sign shall not exceed one square foot per linear foot of building frontage, not to exceed 32 square feet in area.

         B.   Location. Wall signs shall be permitted only on the side of a building which faces the front lot line. Wall signs shall be mounted on a flush surface.

         C.   Height. The top of a wall sign shall not be higher than 15 feet.

(Ord. 2003-99, passed 9-8-2003)

   (a)   Number. No more than two sign types shall be allowed per lot.

   (b)   Permitted signs. Awning, wall, projecting and ground mounted signs are permitted in the B-1 District.

      (1)   Signs for residential uses in a nonresidential district. Signs for nonconforming residential uses in nonresidential districts shall be governed by the sign regulations for residential district uses set forth in § 1187.09 or § 1187.10.

      (2)   Signs without a permit. Signs permitted without a permit, such as a name plate sign and street address, are allowed subject to the provisions of § 1187.05.

      (3)   Temporary signs. Real estate signs and other temporary signs shall be permitted in accordance with § 1187.07.

      (4)   Wall signs.

         A.   Number and location. One wall sign shall be permitted per street frontage on each parcel for a maximum of two wall signs per parcel, except one additional wall sign shall be permitted on the side of the structure that does not have road frontage but does face a side or rear parking lot. Wall signs shall be mounted on a flush surface.

         B.   Size. The total area of a wall sign shall not exceed one square foot per lineal foot of building frontage not to exceed 32 square feet for wall signs facing a street right-of-way and wall signs facing a side or rear parking lot shall not exceed 18 square feet.

         C.   Vertical dimensions. The maximum vertical dimension of any wall sign shall not exceed 30% of the building height.

         D.   Horizontal dimensions. The maximum horizontal dimension of any wall-mounted sign shall not exceed 75% of the width of the building.

         E.   Height. The top of a wall sign shall not be higher than whichever is lowest:

            1.   The maximum height specified for the district in which the sign is located;

            2.   The top of the sills at the first level of windows above the first story; or

            3.   The height of the building facing the street on which the sign is located.

      (5)   Ground mounted signs.

         A.   Number. One ground mounted sign shall be permitted per parcel.

         B.   Size. The total area of the ground mounted sign shall not exceed one square foot per lineal foot of building frontage, not to exceed 36 square feet.

         C.   Height. The height of a ground mounted sign shall not exceed six feet in height.

         D.   Setbacks. All ground mounted signs shall comply with the setback and location requirements of § 1187.02, except for § 1187.02(b)(l).

         E.   Landscaping. A landscaping area around the base of the ground mounted sign shall be provided equal to the area of the sign face. A mixture of live plant material shall be provided in the landscape area and should include a combination of shrubs, annuals and perennials to create a pleasing identification for the development it advertises.

         F.   Street address. The street address number shall be clearly displayed on the sign in numerals not less than four inches or no more than eight inches in height. Required street address numbers are not counted in the total area of the sign.

      (6)   Projecting sign.

         A.   Number. One projecting sign shall be permitted per parcel.

         B.   Size. The total area of the projecting sign shall not exceed six square feet for one-story structures and eight square feet for two-story structures. The opposite sign face shall not be counted in the total sign area if both sign faces are an exact replica. The opposite faces of a projecting sign shall not be separated by more than four inches.

         C.   Height. A projecting sign shall be attached to the building so that no part of the sign or sign support structure is less than eight feet from the surface of the established grade under the sign. No part of a projecting sign or sign support structure shall be more than 15 feet above the surface of the established grade under the sign.

         D.   Sign overhang into public right-of-way. A projecting sign may protrude into the air space over a public sidewalk by not more than three and one-half feet. However, in no event shall the projecting sign obstruct the movement of vehicles or vision of vehicle drivers or vision of pedestrians so as to create a public safety hazard. In the event that a projecting sign will create a hazard even though the overhang is three feet or less, the sign design or sign location must be adjusted to eliminate the potential hazard. Projecting signs shall be set back a minimum of six feet from any curb.

         E.   Maximum distance from wall of building. The nearest edge of a projecting sign shall be located no further than six inches from the wall of the building where the projecting sign is anchored.

         F.   Lighting. The projecting sign shall not be internally illuminated. Any lighting for the sign shall be from an external source. External lighting shall be properly shielded and directed so that glare from the light source will not create a visual hazard for vehicles or create a visual nuisance for occupants of nearby dwellings, particularly dwellings located on upper floors of downtown buildings.

      (7)   Awnings and canopies.

         A.   Coverage. The total area of the lettering and logo shall not exceed 25% of the total area of the awning or canopy that would be visible in a drawing of a facade on which the awning is located.

         B.   Compliance with size requirements for wall signs. The area of signs on awnings or canopies shall be counted in determining compliance with the standards for total area of wall signs permitted on the parcel.

         C.   Height. An awning sign shall be attached to the building so that no part of the awning or awning support structure is less than eight feet from the surface of the established grade under the sign. No part of an awning sign or support structure shall be more than 12 feet above the surface of the established grade under the awning sign.

         D.   Maximum projection. An awning or canopy sign can project out from the wall to which it is attached no more than four feet.

         E.   Sign overhang into public right-of-way. An awning sign may protrude into the air space over a public sidewalk but they can be located no closer than six feet to any curb. However, in no event shall the awning sign obstruct the movement of vehicles or vision of vehicle drivers or vision of pedestrians so as to create a public safety hazard. In the event that a projecting sign will create a hazard, the awning sign design or location must be adjusted to eliminate the potential hazard.

         F.   Lighting. Internally lighted canopies and awnings are prohibited.

      (8)   Window signs. Temporary, incidental, and permanent window signs shall be permitted on the inside in business districts provided that the total combined area of such signs shall not exceed 50% of the total window area. Window signs shall be kept in good repair. Faded, curled, or partially attached window signs are shall be removed.

      (9)   Folding portable. One 20-inch wide by 30-inch tall folding portable sign is permitted per lot provide that the folding portable sign is located on private property completely out of the public right-of-way. Folding portable signs shall be displayed only when the business it advertises is open.

(Ord. 2003-99, passed 9-8-2003)

   (a)   Signs without a permit. Signs permitted without a permit, such as a name plate sign and street address, are allowed subject to the provisions of § 1187.05.

   (b)   Temporary signs. Real estate signs and other temporary signs shall be permitted in accordance with § 1187.07.

   (c)   Wall signs.

      (1)   Number and locations. One wall sign shall be permitted per street frontage on each parcel for a maximum of two wall signs per parcel. In the case of a multi-tenant building or shopping center, one wall sign shall be permitted for each tenant having an individual means of public access. Only one wall sign shall be permitted where several tenants use a common entrance in a multi-tenant structure, but the total sign area may be allocated on an equal basis to all tenants provided that the total wall sign area does not exceed that allowed for a single tenant building or 64 square feet. Wall signs shall be mounted on a flush surface.

      (2)   Size.

         A.   Single-tenant building. The total area of a wall sign shall not exceed one square foot per lineal foot of building frontage not to exceed 64 square feet.

         B.   Multi-tenant building. The total area of a wall sign shall not exceed one square foot per lineal foot of building frontage not to exceed 48 square feet. The center of the wall sign shall be placed in the center of the unit on which it is affixed.

         C.   Height. The top of a wall sign shall not be higher than whichever is lowest:

            1.   The maximum height specified for the district in which the sign is located; or

            2.   The height of the building facing the street on which the sign is located.

   (d)   Ground mounted signs.

      (1)   Number. One ground mounted sign shall be permitted per parcel. In multi-tenant buildings or shopping centers the sign area may be allocated for use by individual tenants.

      (2)   Size.

         A.   Single-tenant building. The total area of the ground mounted sign shall not exceed 80 square feet.

         B.   Multi-tenant building. The total area of the ground mounted sign shall not exceed 120 square feet.

      (3)   Height.

         A.   Single-tenant building. The height of a ground mounted sign in a B-2 District shall not exceed eight feet in height advertising a single- tenant building.

         B.   Multi-tenant building. The height of a ground mounted sign in a B-2 District shall not exceed eight feet in height advertising a multi-tenant building.

      (4)   Setbacks. All ground mounted signs shall comply with the setback and location requirements of § 1187.02.

      (5)   Landscaping. A landscaping area around the base of the ground mounted sign shall be provided equal to the area of the sign face. A mixture of live plant material shall be provided in the landscape area and should include a combination of shrubs, annuals and perennials to create a pleasing identification for the development it advertises.

      (6)   Street address. The street address number shall be clearly displayed on the sign in numerals not less than six inches or no more than 12 inches in height. Required street address numbers are not counted in the total area of the sign.

         A.   The electronic gasoline price numbers shall not exceed 12 inches in height.

         B.   Electronic gasoline price signs are not permitted on fuel canopies.

         C.   Electronic gasoline price signs shall use light emitting diode (LED) technology that displays the appearance of a single color.

         D.   Electronic gasoline price signs shall come equipped with automatic dimming capabilities and shall automatically dim to a corresponding reduction in ambient light. In no instance shall the electronic gasoline price sign cause light trespass onto an adjacent residential district or use.

         E.   The maximum daytime brightness shall be 7500 nits and the maximum nighttime brightness shall be 500 nits.

         F.   Electronic gasoline price signs shall be static and may not display animated, scrolling, moving, or flashing messages or video.

   (e)   Marquee signs. Marquee signs shall be permitted for theaters located in the B-2 District subject to the following requirements.

      (1)   Message. The written message shall be affixed flat to the vertical face of the marquee.

      (2)   Vertical clearance. A minimum vertical clearance of ten feet shall be provided beneath any marquee.

      (3)   Setbacks. Marquee signs shall comply with the setback requirements for the B-2 District and § 1187.02.

      (4)   Number. One marquee sign shall be permitted per lot.

   (f)   Awnings and canopies.

      (1)   Coverage. The total area of the lettering and logo shall not exceed 25% of the total area of the awning or canopy that would be visible in a drawing of a facade on which the awning is located.

      (2)   Compliance with size requirements for wall signs. The area of signs on awnings or canopies shall be counted in determining compliance with the standards for the total area of wall signs permitted on the parcel.

      (3)   Height. An awning sign shall be attached to the building so that no part of the awning or awning support structure is less than seven feet from the surface of the established grade under the sign. No part of an awning sign or support structure shall be more than 12 feet above the surface of the established grade under the awning sign.

      (4)   Maximum projection. An awning or canopy sign can project out from the wall to which it is attached no more than six feet.

      (5)   Lighting. Internally lighted canopies and awnings are prohibited.

   (g)   Window signs. Temporary, incidental and permanent window signs shall be permitted on the inside in business districts provided that the total combined area of the signs shall not exceed 40% of the total window area.

(Ord. 2003-99, passed 9-8-2003; Ord. 2015-89, passed 9-28-2015)

   (a)   Signs without a permit. Signs permitted without a permit, such as a name plate sign and street address, are allowed subject to the provisions of § 1187.05.

   (b)   Temporary signs. Real estate signs and other temporary signs shall be permitted in accordance with § 1187.07.

   (c)   Wall signs.

      (1)   Number and location. One wall sign shall be permitted per street frontage on each parcel for a maximum of two wall signs per parcel. In the case of a multi-tenant building or shopping center, one wall sign shall be permitted for each tenant having an individual means of public access. Only one wall sign shall be permitted where several tenants use a common entrance in a multi-tenant structure, but the total sign area may be allocated on an equal basis to all tenants provided that the total wall sign area does not exceed that allowed for a single tenant building or 80 square feet. Wall signs shall be mounted on a flush surface.

      (2)   Size.

         A.   Single-tenant building. The total area of a wall sign shall not exceed one and one-half square foot per lineal foot of building frontage not to exceed 80 square feet.

         B.   Multi-tenant building. The total area of a wall sign shall not exceed one and one-half square foot per lineal foot of building frontage not to exceed 64 square feet. The center of the wall sign shall be placed in the center of the unit on which it is affixed.

         C.   Height. The top of a wall sign shall not be higher than whichever is lowest:

            1.   The maximum height specified for the district in which the sign is located; or

            2.   The height of the building facing the street on which the sign is located.

   (d)   Ground mounted signs.

      (1)   Number. One ground mounted sign shall be permitted per street frontage on each parcel provided that access is provided to the parcel via a curb cut and drive on each street frontage. However, only one sign shall be permitted on lots having frontage on more than one street if a single sign can be located such that it is visible from both streets. In multi-tenant buildings or shopping centers the sign area may be allocated for use by individual tenants.

      (2)   Size.

         A.   Single-tenant building. The total area of the ground mounted sign shall not exceed one square feet per lineal foot of lot-frontage, not to exceed 80 square feet.

         B.   Multi-tenant building. The total area of the ground mounted sign shall not exceed one square feet per lineal foot of lot-frontage, not to exceed 120 square feet.

      (3)   Height.

         A.   Single-tenant building. The height of a ground mounted sign in a B-3 District shall not exceed six feet in height advertising a single tenant building.

         B.   Multi-tenant building. The height of a ground mounted sign in a B-3 District shall not exceed ten feet in height advertising a multi-tenant building.

      (4)   Setbacks. All ground mounted signs shall comply with the setback and location requirements of § 1187.02.

      (5)   Landscaping. A landscaping area around the base of the ground mounted sign shall be provided equal to the area of the sign face. A mixture of live plant material shall be provided in the landscape area and should include a combination of shrubs, annuals and perennials to create a pleasing identification for the development it advertises.

      (6)   Street address. The street address number shall be clearly displayed on the sign in numerals not less than six inches or no more than 12 inches in height. Required street address numbers are not counted in the total area of the sign.

         A.   The electronic gasoline price numbers shall not exceed 12 inches in height.

         B.   Electronic gasoline price signs are not permitted on fuel canopies.

         C.   Electronic gasoline price signs shall use light emitting diode (LED) technology that displays the appearance of a single color.

         D.   Electronic gasoline price signs shall come equipped with automatic dimming capabilities and shall automatically dim to a corresponding reduction in ambient light. In no instance shall the electronic gasoline price sign cause light trespass onto an adjacent residential district or use.

         E.   The maximum daytime brightness shall be 7500 nits and the maximum nighttime brightness shall be 500 nits.

         F.   Electronic gasoline price signs shall be static and may not display animated, scrolling, moving, or flashing messages or video.

   (e)   Marquee signs. Marquee signs shall be permitted for theaters located in the B-3 District subject to the following requirements.

      (1)   Message. The written message shall be affixed flat to the vertical face of the marquee.

      (2)   Vertical clearance. A minimum vertical clearance of ten feet shall be provided beneath any marquee.

      (3)   Setbacks. Marquee signs shall comply with the setback requirements for the B-3 District and § 1187.02.

      (4)   Number. One marquee shall be permitted per lot.

   (f)   Awnings and canopies. Signs on awnings and canopies in commercial and industrial districts shall be permitted, subject to the following standards.

      (1)   Coverage. The total area of the lettering and logo shall not exceed 25% of the total area of the awning or canopy that would be visible in a drawing of a facade on which the awning is located.

      (2)   Compliance with size requirements for wall signs. The area of signs on awnings or canopies shall be counted in determining compliance with the standards for total area of wall signs permitted on the parcel.

      (3)   Height. An awning sign shall be attached to the building so that no part of the awning or awning support structure is less than seven feet from the surface of the established grade under the sign. No part of an awning sign or support structure shall be more than 12 feet above the surface of the established grade under the awning sign.

      (4)   Maximum projection. An awning or canopy sign can project out from the wall to which it is attached no more than six feet.

      (5)   Lighting. Internally lighted canopies and awnings are prohibited.

   (g)   Window signs. Temporary, incidental, and permanent window signs shall be permitted on the inside in business districts provided that the total combined area of such signs shall not exceed 30% of the total window area.

(Ord. 2003-99, passed 9-8-2003; Ord. 2015-89, passed 9-28-2015)

   (a)   Generally. This section regulates signs advertising private recreation establishments that are directed toward and seen from adjacent public road right-of-ways.

   (b)   Permitted signs. Private recreational signs located internal to the private recreational establishment shall be exempt from these regulations unless any sign causes a distraction or nuisance on adjacent public rights-of-way.

      (1)   Signs without a permit. Signs permitted without a permit, such as a name plate sign and street address, are allowed subject to the provisions of § 1187.05.

      (2)   Temporary signs. Real estate signs and other temporary signs shall be permitted in accordance with § 1187.07.

      (3)   Wall signs.

         A.   Number. One wall sign shall be permitted per street frontage on each parcel.

         B.   Size. The total area of a wall sign shall not exceed one square foot per lineal foot of building frontage not to exceed 100 square feet.

         C.   Height. The maximum height specified for the district in which the sign is located.

      (4)   Freestanding signs.

         A.   Number. One freestanding sign shall be permitted per street frontage on each parcel.

         B.   Size. The total area of the freestanding sign shall not exceed one square foot per lineal foot of lot-frontage, not to exceed 500 square feet.

         C.   Height. The height of a freestanding sign a B-4 District shall not exceed 12 feet in height for each 1,000 lineal feet of lot frontage not to exceed 84 feet in height.

(Ord. 2004-155, passed 1-10-2005)

         D.   Setbacks. All freestanding signs shall comply with the setback and location requirements of § 1187.02.

(Ord. 2003-99, passed 9-8-2003)

   (a)   Signs without a permit. Signs permitted without a permit, such as a name plate sign and street address, are allowed subject to the provisions of § 1187.05.

   (b)   Temporary signs. Real estate signs and other temporary signs shall be permitted in accordance with § 1187.07.

   (c)   Wall signs.

      (1)   Single tenant building. One wall sign shall be permitted per street frontage per parcel and may be located on any building wall. The total area of each wall sign shall not exceed one square foot per lineal foot of building frontage, not to exceed 200 square feet; except for wall signs that face residentially zoned property shall not exceed 100 square feet. One additional wall sign shall be permitted for each side of the structure that does not have road frontage but does have a public entrance or faces a side or rear parking lot. The total area of each sign shall not exceed one square foot per lineal foot of building frontage, not to exceed 100 square feet; except for wall signs that face residentially zoned property shall not exceed 50 square feet. A maximum of four wall signs per building is permitted.

   (d)   Ground mounted signs.

      (1)   Number. One ground mounted sign shall be permitted per street frontage on each parcel.

      (2)   Size. The total area of the ground mounted sign shall not exceed one square foot per lineal foot of lot-frontage, not to exceed 80 square feet, except wall signs that face residentially zoned land shall not exceed 64 square feet.

      (3)   Setbacks. All ground mounted signs shall comply with the setback and location requirements of § 1187.02.

      (4)   Landscaping. A landscaping area around the base of the ground mounted sign shall be provided equal to the area of the sign face. A mixture of live plant material shall be provided in the landscape area and should include a combination of shrubs, annuals and perennials to create a pleasing identification for the development it advertises.

      (5)   Street address. The street address number shall be clearly displayed on the sign in numerals not less than six inches or no more than 12 inches in height. Required street address numbers are not counted in the total area of the sign.

   (e)   Monument sign. Monument entranceway signs shall be permitted in accordance with the following regulations.

      (1)   There shall be no more than one monument sign located at each primary entrance leading into a office or industrial park. The entrance leading into the office or industrial park must be a public thoroughfare. The total area of the monument sign shall not exceed 150 square feet. The sign shall display the name of the development only. Names of developers or contractors shall not be displayed anywhere on such signage.

      (2)   Monument signs shall not exceed ten feet in height.

      (3)   Monument signs shall be externally illuminated.

      (4)   A landscaping area equal to the sign area shall be provided around the sign base. The landscape area shall include living plants aesthetically located and maintained. Impervious material shall not be permitted within the landscape area.

      (5)   All monument signs shall comply with the setback and location requirements of § 1187.02.

   (f)   Directory signs. Directory signs shall be permitted to direct traffic within office and industrial parks that have at least 20 businesses on individual lots, subject to the following conditions.

      (1)   One directory sign may be located at the entrance of an office or industrial park provided that the directory sign cannot be seen from the road right-of-way providing access to the office or industrial park.

      (2)   The sign shall be located away from any public right-of-way within the office or industrial park, so that drivers can conveniently pull up to and read the directory without impeding traffic on any road, driveway or entrance serving the office or industrial park.

      (3)   The sign may contain an unlimited number of pieces of information, but letters shall not be more than three inches in height and shall not be legible from any public right-of-way.

      (4)   The sign may not exceed ten square feet in area and eight feet in height.

      (5)   One additional directory sign may be provided internal to the office or industrial park for each additional 20 single-tenant buildings located within the office or industrial park.

      (6)   Directory signs shall not be illuminated.

(Ord. 2003-99, passed 9-8-2003; Ord. 04-15, passed 3-8-2004; Ord. 2015-89, passed 9-28-2015)

   (b)   Permitted signs.

      (1)   Ground mounted sign. One on-premise ground mounted sign is permitted on parcels that have frontage on an interstate highway provided that the sign shall not exceed two square feet per lineal foot of lot-frontage, not to exceed 200 square feet. The height of the ground mounted sign in the Interstate Highway Sign Overlay Area shall not exceed 15 feet. The ground mounted sign shall meet the setback requirements for the zoning district in which it is located. No ground mounted sign is permitted in the Interstate Highway Sign Overlay Area for multi-tenant structures, except for as permitted in this chapter.

      (2)   Wall sign. One signature wall sign is permitted on the building wall that faces an interstate highway provided that the sign shall not exceed one square foot per lineal foot of lot frontage, not to exceed 200 square feet. In the case of a multi-tenant building, only the user that leases the most floor area can advertise using the permitted signature wall sign. The wall sign shall not extend above the roof line on the building that it is attached.

(Ord. 2003-99, passed 9-8-2003)

   The purpose of regulating cellular or wireless communications systems is to:

   (a)   Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while regulating their location and number in the city;

   (b)   Minimize adverse visual effects of communications towers and support structures through proper siting, design and screening;

   (c)   Avoid potential damage to adjacent properties from communication tower and support structure failure;

   (d)   Encourage the joint use of any new and existing communications towers and support structures to reduce the number of structures needed in the future; and

   (e)   Apply to all of the areas within each zoning district of the city, including, but not limited to, parks, highways, rights-of-way and areas lawfully not in conformity with the current zoning regulations.

(Ord. 98-104, passed 9-14-1998)

   (a)   Pre-application conference. Any person or company intending to apply the placement or operation of a cellular or wireless communications antenna, tower or site within the city shall first schedule a pre-application conference with the City Engineer or his or her assignee. At this conference, the prospective applicant must present to the City Engineer any proposed locations for the equipment or site. This information should identify the area within which the tower may be located, the minimum height of the proposed tower, and identify any possible users that may co-locate at the site. The purpose of the pre-application conference will be to, generally, evaluate the impact on adjacent areas and neighborhoods, discuss possibilities of co-location and identify alternative suitable sites that may minimize the negative impact on residential areas.

   (b)   Formal application. Upon completion of the pre-application conference, an application may be filed with the office of the City Engineer according to the procedures set forth in § 1135.05. The application shall be in compliance with the requirements of this chapter and in a form as approved by the City Engineer. If the application does not conform with requirements of this chapter, the applicant shall be notified by the City Engineer, and no further consideration of the application shall occur until it is in compliance with the terms of this chapter.

   (c)   Review fees. Each applicant shall pay, prior to the issuance of a permit, any reasonable cost the city has incurred in obtaining independent expert consultations that the city determines are necessary to review the application and advise the city, not to exceed a fee as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fee shall be as set by ordinance from time to time. The fees are in addition to the normal application fees incurred during the formal application process described in division (b) above.

(Ord. 98-104, passed 9-14-1998)

   The following standards for approval shall apply to all cellular or wireless communications antennas and towers.

   (a)   Justification of location. The cellular or wireless communications company shall demonstrate, using the latest technological evidence, that the antenna or tower must be placed in a proposed location to serve its necessary function in the company’s grid system. Part of this demonstration shall include a drawing showing the boundaries of the area around the proposed location which would probably also permit the antenna to function properly in the company’s grid system.

      (1)   The applicant shall provide to the city all engineering studies which the applicant has completed, or intends to complete, to establish the necessity of placing an antenna within the city.

      (2)   The applicant shall provide a map of all current locations of wireless communications antenna sites, and all proposed wireless communications antenna sites, which will provide service under a license issued by the FCC to users located in the city. This map shall include:

(Ord. 99-132, passed 10-11-1999)

         A.   The location of all existing wireless communications antennas and towers that provide service to users located in the city;

         B.   All locations at which the applicant has secured the right to lease space for or has entered into a lease for installation of wireless communications antennas or towers, unless the information is deemed proprietary in nature;

         C.   The geographic areas served by each tower location that provides service to users located within the city; and

         D.   The geographic areas into which the provider must install an antenna or tower in order to provide service to users located within the city.

   (b)   Attempts to use existing structures.

      (1)   If the communications company proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it has contacted the owners of nearby tall structures within the area that would allow the antenna to function properly in the company’s grid system to ask for permission to install the cellular communications antenna on those structures, and was denied for non-economic reasons, or that a clearly unreasonable economic demand was made by the owner, based on prevailing market values.

      (2)   The city may deny the application to construct a new cellular or wireless communications tower if the applicant has not made a good-faith effort to mount the antenna on existing structures.

   (c)   Plan of operation. The applicant shall provide the city with its plan of operation of the antenna structure, including:

      (1)   The radio wave frequency range of the expected or intended usage;

      (2)   The effective radiated power under peak operating conditions of each antenna on a proposed tower; and

      (3)   The type of services the applicant expects or intends to provide to customers of the applicant through the signals received and transmitted by the antenna.

(Ord. 98-104, passed 9-14-1998)

   (d)   Radiation level calculations. The applicant shall provide engineering calculations demonstrating anticipated levels of effective radiated power, and shall provide a study which demonstrates the mapping of radiation levels actually produced by all antennas on a tower under maximum operating conditions; the mappings showing radiation levels at ground level within 800 feet of the tower. The readings shall be taken at 45-degree intervals around the tower at every 100 feet from the tower (plus or minus ten feet). Upon written request of any applicant, the City Engineer, in his or her discretion, can waive the requirements for measurements at particular intervals or distances from the tower, or may require different points of measurement if, in his or her opinion, it is unlikely that any person will be exposed at the location specified in this provision. The City Engineer’s decision shall be stated in writing with written justification for the decision. The approval or denial of any permit shall not be based on the radiation level calculations unless the radiation exceeds the standards established by the FCC.

(Ord. 99-132, passed 10-11-1999)

   (e)   Justification of antenna/tower height. The applicant shall demonstrate that the antenna/tower is no higher than necessary to function satisfactorily and to accommodate the co-location requirements as set out in division (g) below. An antenna that is taller than the minimum necessary height may be approved if it would significantly increase the potential for co-location.

   (f)   Tower safety.

      (1)   All cellular or wireless communications towers shall be fitted with anti-climbing devices, as approved by the manufacturers. Furthermore, the applicant shall demonstrate that the proposed cellular or wireless communications tower and its antenna are safe, and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. However, if a specific safety issue in question is determined to be regulated by either FCC regulations or applicable building code regulations, and the operation or construction is in compliance with regulations, then this requirement for safety shall be deemed to have been met.

      (2)   Subsequent to the installation of a cellular or wireless communications tower site, if it is determined by the City Council, upon presentation of proper and sufficient documentation and after a public hearing that the operation of a cellular or wireless communications tower is inherently dangerous, or is a demonstrable health hazard, the cellular or wireless communications tower site shall be declared to be a nuisance and all operations shall cease. The tower or antenna shall also be removed as provided under § 1188.06. However, no order of removal shall be made if it is inconsistent with FCC regulations.

   (g)   Limiting the number of cellular or wireless communications towers.

      (1)   In order to reduce the number of antenna support structures needed in the city in the future, the proposed cellular or wireless communications towers shall be required to accommodate other uses, including other cellular or wireless communications companies, and the local police, fire and ambulance departments. The owner of the existing cellular or wireless communications tower may request reasonable compensation for the use of the tower. For the purposes of encouraging co-location of cellular or wireless antennas and other uses, cellular or wireless communications towers shall be designed, engineered and constructed as follows, unless waived for good cause by the City Engineer, to minimize impact on adjoining property.

         A.   Towers less than 75 feet tall shall be designed, engineered and constructed to support antennas installed by one or more cellular or wireless communications service users.

         B.   Towers more than 75 feet in height, but less than 150 feet, shall be designed, engineered and constructed to support antennas installed by two or more wireless communications service users.

         C.   Towers 150 feet in height or taller shall be designed, engineered and constructed to support antennas installed by three or more cellular or wireless communications service users.

      (2)   As used in this division, the term USERS shall include the antennas of police, fire and ambulance departments. In addition, an applicant must demonstrate that the area acquired by lease or otherwise acquired for the use and construction of the cellular tower and accessory structures is sufficient in size to accommodate any additional structures that may be required if additional users are added to the tower.

(Ord. 98-104, passed 9-14-1998)

   (h)   Licensing. The communications company must demonstrate to the city that it is licensed by the Federal Communication Commission (FCC). The owner of the tower must also annually provide to the city during the first week of January of each new year a list of all users of the tower, and each user shall provide the city with a copy of each user’s license with the FCC. No approval will be granted to any applicant unless proof of current FCC license for the proposed use of the tower is provided.

(Ord. 99-132, passed 10-11-1999)

   The following development standards shall apply to cellular or wireless communications antennas and towers:

   (a)   Location.

      (1)   Every attempt shall be made to mount a cellular or wireless communications antenna to an existing structure, such as a communications tower (whether the tower is for cellular or wireless purposes or not), smoke stack, water tower or other tall structure in any zoning district. Cellular or wireless communications antennas may only be placed on the top of buildings that are no less than 35 feet in height, for so long as the structure or building remains. Cellular or wireless communications antenna mounted on existing structures may be approved according to § 1135.04.

      (2)   If an existing structure is not available, every attempt shall be made to place cellular or wireless communications systems in I-1 and I-2 zoning districts. If a cellular or wireless communications company can demonstrate that there are no suitable sites under industry or engineering standards for its cellular or wireless communications sites within an I-1 or I-2 zoning district, the company may apply for a permit to place the tower or antenna in a B-3, B-4 or HT-1 District.

      (3)   Micro antennas not exceeding five feet in height may be placed on any existing building in any zoning district. The micro antenna shall not be subject to the setback requirements of other cellular or wireless communications towers, provided it is placed on the roof of an existing building.

      (4)   All other uses accessory to the cellular or wireless communications antennas and towers, including, but not limited to, business offices, maintenance depots, and materials and vehicles storage, are prohibited from the site unless otherwise permitted in the zoning district in which the cellular or wireless communications antenna and/or tower is located.

   (b)   Setback. The minimum distance between the base of a tower or any support structures, including guy wire anchors, shall be as follows:

 

 

(Ord. 99-132, passed 10-11-1999; Ord. 2014-2, passed 2-10-2014)

   (c)   Fencing. A fence shall be required around the cellular or wireless communications tower and its support or accessory structure(s), unless the antenna is mounted on an existing structure. The fence shall be a minimum of ten feet in height, and shall be erected to prevent access to non-authorized personnel.

   (d)   Screen/landscaping. Screening/landscaping shall be required to completely screen, up to six feet from ground-level, the support structure(s) and any other ground-level equipment, in order to soften the appearance of the cellular or wireless communications site. The screening may be comprised of any combination of existing vegetation, topography, walls, decorative fences or other landscape features, provided they achieve 100% opacity year-round. A wall or fence without natural vegetation is not an acceptable screen. If the antenna is mounted on an existing structure and other equipment is housed inside an existing structure, additional landscaping shall not be required.

   (e)   Parking. If the cellular or wireless communications site is fully automated, adequate parking shall not be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in the Zoning Ordinance.

   (f)   Appearance. Cellular or wireless communications towers under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or wireless communications towers shall meet all Federal Aviation Administration (FAA) regulations. No cellular or wireless communications towers may be artificially lighted, except when required by the FAA. Furthermore, no cellular or wireless communications tower or antenna and accessory buildings and structures shall contain any signage. All utility lines serving the towers shall be underground.

(Ord. 98-104, passed 9-14-1998)

   Any owner of property used as a cellular or wireless communications site, and any owner of a cellular or wireless communications antenna or tower, shall maintain the property and all structures in good condition and free from trash, outdoor storage, weeds and other debris. Any owner of a cellular or wireless communications tower shall be required to notify the City Engineer of its intent, in writing, within 30 days of its cessation of business, its discontinuance of service or transfer of ownership.

(Ord. 98-104, passed 9-14-1998)

   (a)   Any cellular or wireless communications tower or antenna that has discontinued its service for a period of six continuous months or more is hereby determined to be a nuisance. A tower or antenna declared to be a nuisance must be removed by the owner of the tower or antenna, and by the owner of the property on which the tower or antenna is located, along with all accessory structures related thereto. DISCONTINUED shall mean that the structure has not been properly maintained, has been abandoned, has become obsolete, is unused, is no longer used for its original purpose, is no longer transmitting the same type of radio wave signals that it was originally designed to transmit, or has ceased the daily activities or operations which had occurred.

   (b)   Whenever, upon inspection, it shall appear that a cellular or wireless communications tower has been abandoned or its use discontinued, the City Engineer or a designated representative shall notify, either by personal delivery or by certified mail, the owner of the property on which the tower is located that the tower must be taken down and removed. The City Engineer, or a designated representative, in addition to any other citations, notices, penalties or remedies provided by law or ordinance, is authorized to proceed in a manner consistent with and pursuant to R.C. §§ 715.26 and 715.261 to maintain the public health, safety and welfare, and to recover costs as appropriate.

(Ord. 98-104, passed 9-14-1998)

   (a)   No cellular or wireless communications tower shall be permitted on any lot on which any nonconforming building or structure is located, nor on which any nonconforming use or activity is occurring without first obtaining a variance from the City Planning Commission.

   (b)    No cellular or wireless communications tower shall be constructed, replaced or altered without first obtaining the applicable building permit.

   (c)   A cellular or wireless communications antenna or communications site shall not be placed, operated, constructed or affixed, or otherwise located within the city, except as allowed and permitted by this chapter.

(Ord. 98-104, passed 9-14-1998)

      (1)   Every attempt shall be made to mount a small cell facility to an existing structure, such as a communications tower (whether said tower is for cellular or wireless purposes or not), smoke stack, water tower, or other tall structure in any zoning district. Small cell facilities may only be placed on top of buildings that are no less than thirty-five (35) feet in height, for so long as the structure or building remains. Small cell faculties mounted on existing structures may be approved according to § 1135.04.

      (2)   If an existing structure is not available, a small cell facility shall be located within the public right-of-way or an arterial or collector street as identified on the City of Mason Thoroughfare Plan, in an industrial subdivision, or on private property within a utility easement recorded at the Warren County Recorder's Office in a I-1, I-2, HT-1, B-3, or B-4 zoning district.

      (3)   A small cell facility shall not be located within a residential zoning district, a residential subdivision, or within 100 feet of a property that contains a residential use. However, a small cell facility may be located either on the property or in the right-of-way adjacent to a valid conforming non-residential use that is located in a residential zoning district provided that the use is also located on an arterial or collector street as identified on the City of Mason Thoroughfare Plan. Distance shall be measured from the base of the small cell facility to the nearest property line of the use.

      (1)   All small cell facilities shall be designed to be consistent and complimentary with the surrounding environment in terms of height, materials, color, scale, and design.

      (2)   Small cell facilities shall be painted, anodized or constructed out of materials that are colored grey or black. Galvanized material may not be used in construction of the small cell facility unless it can be painted or otherwise coated as required in this section.

      (3)   All related equipment, including, but not limited to, electrical boxes, conduit, wiring, and mounting equipment shall be placed underground or be wholly contained within an enclosure so as not to be visible. Further, all electrical and communications connections shall run underground to the facility.

(Ord. 2016-69, passed 9-12-2016)

(Ord. 2017-52, passed 5-15-2017)

   For purposes of this chapter, the words and phrases defined hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.

(Ord. 2017-52, passed 5-15-2017)

   (a)   It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in Mason within 750 feet of another sexually oriented business. Measurements for this subsection (a) shall be made in a straight line without regard to intervening structures or objects, between the closest parts of the structures occupied by the two sexually oriented businesses. Where a sexually oriented business is within a multi-tenant development, the measurement shall be to or from the closest part of the tenant space occupied by the sexually oriented business.

   (b)   It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in Mason, unless said sexually oriented business is at least:

      (1)   Seven hundred fifty feet from the closest boundary of any residential zoning district;

      (2)   Seven hundred fifty feet from all parcels containing a residential structure;

      (3)   Seven hundred fifty feet from all parcels containing a public building, public park or recreation area, religious institution, or school; and

      (4)   Seven hundred fifty feet from all parcels containing a business that is licensed to serve alcohol and is not primarily engaged in the sale and service of food at the premises.

   (c)   For the purpose of subsection (b), measurements shall be made in a straight line from the closest part of any structure occupied by the sexually oriented business to the closest property line of the zoned property and uses identified in subsection (b) above. Where a use identified in subsection (b) is located in a multi-tenant development, the distance shall be measured to the closest part of the tenant space occupied by that use rather than the property line of the entire development, so as to maximize the number of locations available to adult establishments.

   (d)   The zoning and/or use of land in adjacent jurisdictions shall not disqualify any location within Mason from being available to an adult establishment.

   (e)   Notwithstanding any provision in the Mason Code of Ordinances to the contrary, a sexually oriented business in a location that satisfies the standards in this § 1189.03 shall not be deemed noncompliant with this section by virtue of the subsequent establishment or expansion of a land use or zoning district specified in this section.

(Ord. 2017-52, passed 5-15-2017)