The Heritage Overlay (H-O) District is established in order to set specific design criteria for both rehabilitation and new construction projects within the Heritage Overlay District in Montgomery. Therefore, the purposes of this chapter are to:

   (A)   Guide development in the Heritage Overlay District to protect the valuable historic and architectural resources and 19th century character of the City of Montgomery.

   (B)   Ensure that new development and/or redevelopment respects the city's historic qualities and resources through compatible design.

   (C)   Provide the basis for consistent and objective decision making by providing criteria and a review process to be used by the Zoning Administrator, Landmarks Commission, Planning Commission and City Council when evaluating proposed development.

   (D)   Provide standards for property owners, architects and contractors to aid in the preparation of appropriate plans.

   (E)   Increase public awareness of the value of the historic resources and appropriate design.

(Ord. 5-2010, passed 7-7-10; Am. Ord. 5, 2020, passed 4-1-20)

   The Heritage Overlay District shall be in addition to and shall overlay all other zoning districts where the H-O is established. Therefore, any parcel of land lying in the H-O District shall also lie in one or more zoning districts provided for in this Zoning Code. The Heritage Overlay District shall be established in accordance with the required procedures for a zoning map amendment pursuant to Chapter 150.22. The boundaries of the Heritage Overlay District shall be indicated on the zoning map and the district designation of H-O shall be superimposed over the existing zoning designations.

(Ord. 5-2010, passed 7-7-10; Am. Ord. 5, 2020, passed 4-1-20)

   The uses permitted in the Heritage Overlay District shall be governed by the permitted uses established in the underlying zoning districts.

(Ord. 5-2010, passed 7-7-10; Am. Ord. 5, 2020, passed 4-1-20)

   All lots, buildings, and structures in the Heritage Overlay District shall comply with the Secretary of the Interior Standards for Rehabilitation. When preservation work is done which involves a modification to a landmark or contributing structure, the work shall be approached using the principle of reversibility. All lots, buildings and structures shall also comply with the standards set forth in the underlying zoning districts except as otherwise specifically modified in this chapter. In the event of a conflict between regulations of the H-O District and the underlying district, the regulations of this chapter shall supersede.

(Ord. 5-2010, passed 7-7-10; Am. Ord. 5, 2020, passed 4-1-20)

   The following design review criteria are in addition to the specific regulations and requirements set forth in the underlying zoning districts. All proposals in the Heritage Overlay District shall comply with the following design review criteria. Further, the design review criteria are applicable to all landmark properties as defined in Chapter 150.03 wherever located in Montgomery and are applicable to the landmark itself, the underlying real property, and any improvements thereon:

   (A)   Design Review Criterion # 1 BUILDING HEIGHT, SHAPE, SCALE. Ensure that building height, shape and scale are appropriate to the District, the era and the architecture of the building.

      (1)   Minimum building height shall be two stories for the front elevation(s) facing a street. Maximum height for elevation(s) facing a street shall be determined by the existing skyline of adjoining buildings and/or across the street, and in no case shall exceed 25 feet as measured from the grade line to the gutter. Additional stories may be permissible for the rear or side elevations when lower grade lines allow, but in no case shall exceed 40 feet as measured from grade line to gutter.

      (2)   A building's vertical and horizontal dimensions shall be in proportion to each other without over emphasis of either dimension. Horizontally long buildings shall be broken up, through the use of recesses or setback variations, to cause the elevation to appear as a series of proportionally correct masses.

      (3)   Overall building mass shall be in appropriate proportion to adjoining buildings, the lotupon which the building is intended, as well as other similar buildings in the district.

      (4)    For new construction, the top of the exposed foundation shall, to the extent possible, be set within 10% of the average height of the foundation of the building on either side.

      (1)   The roof of a primary structure shall be gabled and/or a shed roof. On a two-story building, a flat roof with a gabled appearance may be permitted.

      (2)   For a gabled roof, the height of the gable shall not be less that one-quarter of the building height as measured from the grade line to the gutter. An attached shed roof may have a lower pitch than the roof over the main structure.

      (3)   For new construction, the cornice shall be strong, well articulated and well proportioned.

      (1)   The shape and configuration of windows and doors shall be based on historic and traditional design. Window panes shall be divided into smaller panes; 6-over-6 and 2-over-2 double-hung sashes are typical. The first and second story openings shall have a strong relationship to one another. Alterations to window or door size or shape may be permitted on landmark buildings only to the extent that such a change would bring about greater historical accuracy.

      (2)   Window and door openings shall occupy about 25% to 30% of the front elevation of a residential building.

      (3)   Window emphasis shall generally be vertical with the height of a window being approximately two times its width. The spacing between windows in historic structures is usually between one and two times the width of the window. If spacing is less than one times the width, shutters shall not be used. Shutters shall be constructed of wood or a composite that has the look and feel of wood. Solid vinyl shutters are prohibited. Shutters shall be proportioned as if they would cover the entire window opening if closed. They shall be operable or mounted on hinges.

      (4)   (a)   Windows may be fixed or operable. Window openings in masonry buildings shall be configured with traditional components: sill, lintel, and trim.

         (b)   Windows shall be glazed in clear glass rather than tinted glass. Narrow-line windows are prohibited. Snap-on grilles or grilles in airspace are prohibited. All-windows shall be made of wood or a composite that has the look and feel of wood.

      (5)   In addition, the following criteria apply:

         (a)   Landmark property. Windows repair is preferred. When replacement is necessary, the replacement shall be an all-wood window or a composite that has the look and feel of wood. If the original window was divided into smaller panes, then the replacement shall mimic that pattern and it shall have true divided lights. Replacement windows shall match the original window in dimension, proportion and profile. On additions, simulated divided light sashes may be used.

         (b)   Contributing property. Window repair is preferred. When replacement is necessary, the replacement shall be an all-wood window or a composite that has the look and feel of wood. Replacement windows shall match the original window in dimension, proportion and profile. Simulated divided light sashes may be used.

         (c)   Design-consistent property and new construction. Simulated divided light sashes shall be used except as provided in division (C)(5)(d)1. of this section. Extruded aluminum-clad or vinyl-clad wood windows and composite windows that have the look and feel of wood are permitted.

         (d)   Non-contributing property. Aluminum-clad or vinyl-clad wood windows and composite windows that have the look and feel of wood are permitted.

            1.   Display windows on the first story of commercial buildings, may be larger than those typical of residential buildings and are not required to be subdivided. The first story windows shall show symmetry and proportion to the building and relate to the windows of the second floor. The length of a hypothetical rectangle that encompasses all first story windows and doors shall be the same length as that of a rectangle, which encompasses all second story windows. Commercial buildings may have a greater amount of building elevation occupied by windows and doors than residential buildings.

            2.   The main entry of a building shall preferably face the street. The entry of a corner building may face the street or be at an angle to the street. Entries may be flush with the building or recessed.

            3.   For residential and commercial buildings, doors shall be constructed of wood or a composite that has the look and feel of wood and be paneled, either solid or with glass panes. Door trim shall be compatible with window trim. Transoms above doors with glass panes and side lights may be permitted. On residential buildings, doors shall be about the same width as the windows. On commercial buildings, rear service doors may be wider than windows and may be constructed of metal. On commercial buildings, four or six paneled steel doors will be allowed when required by the Fire Code.

            4.   Interior storm/screen windows are preferred. Exterior storm/screen windows made of wood or painted aluminum may be allowed as an alternative to replacing existing sash or on a new unclad sash.

      (1)   Appropriate construction materials include brick, stone, natural wood clapboard, wood board and batten, wood shingles, and traditionally applied stucco. Vinyl, aluminum, and steel siding and exterior insulation and finishing system (EIFS, aka synthetic-stucco) are prohibited. Smooth fiber-cement siding and trim may be used on new construction, as a replacement on non-landmark property, and on additions to any property including landmark property. Materials for windows and doors are covered in Design Review Criterion # 3.

      (2)   Brick masonry in new buildings or additions to existing buildings shall have brick and mortar joints similar in color, size, and texture to historic examples in the district. The preferred color for brick is in the red-orange range. Variations in color may be used to reduce the mass of a large building. The color shall be uniform rather than mottled or speckled. Unpainted brick is preferred, unless the building has been previously painted.

      (3)   Clapboard siding shall run horizontally, and shall have appropriate lap exposure.

      (4)   Slate, copper, wood, or standing seam metal roofs are preferred. Asphalt-fiberglass shingles may also be used but shall be uniform in color. When replacing roofing, every effort shall be made to duplicate the original roofing material. A rubber roof may be used on flat roof, if approved by the Landmarks Commission. Solar shingles may be used, if approved by the Landmarks Commission. A rubber roof may be used on flat roof if approved by the Landmarks Commission. Solar shingles may be used if approved by the Landmarks Commission.

      (5)   Awnings. Shed awnings are permitted and shall be of a traditional design. Curved awnings are prohibited. Cloth or synthetic materials that replicate woven cloth are preferred. Vinyl and shiny plastic materials are prohibited. Colors for awnings shall be uniform and should complement the surrounding buildings, streetscape and/or other street furniture in the area. Fluorescent colors are prohibited. Awning signs are permitted in compliance with Chapter 151.30 and § 151.1405(G); however, signs hanging from an awning are prohibited.

      (1)   Paint serves two purposes - aesthetic enhancement and protection against deterioration. Paint colors shall relate to the style and period of the building and to the traditional character of the District. In general paint colors for buildings shall be muted rather than vivid.

      (2)   In the early 19th century, white and light neutral colors were favored; then in the late 19th century colors darkened and palettes broadened, until the early 20th century brought a return to white and light colors. Greek Revival homes typically had white exteriors and dark green or black doors and shutters, while Victorian dwellings were enhanced by rich color treatments such as browns, olives, blues, ochres, and grays with contrasting colors for trim and decorative details.

      (3)   The simpler the building design, the fewer colors should be used on it, with a maximum of three different colors on a building unless appropriate to the architecture of that era. The body of a building should be painted all one color. However, variations in paint color may be used to reduce the mass of a large building.

      (4)   The body and trim of the building shall be painted different, but complementary colors. However, for late 19th century buildings, trim may be painted the same color as the body in a lighter or darker shade.

      (5)   Colors shall complement a building's materials - whether brick, wood, or stone - as well as the colors of abutting buildings.

      (6)   The city maintains a color chart of historic colors that should be used as a guide in picking appropriate colors. For guidelines on colors for permanent and sandwich board signs, see Design Review Criterion #7.

      (7)   A flat or satin finish shall be used on the body, and semi-gloss on windows and trim.

      (1)   Improvements in the public right-of-way shall conform to the City of Montgomery's Heritage District Streetscape Plan. The following standards shall apply to all street furnishings maintained, erected, or placed in a public right-of-way or which are placed upon private property but are open to and visible from any public right-of-way.

      (2)   Street furniture, including tables, benches, chairs, sidewalk enclosures and waste containers shall be of a traditional design and shall be complementary to the surrounding buildings streetscape and/or other street furniture in the area.

      (3)   Wrought iron, wood, and aluminum or powder coated steel which gives the appearance of wrought iron are preferred for street furniture. Fiberglass, recycled plastic, galvanized steel, and concrete products are prohibited. Synthetic teak, synthetic/resin wicker, virgin resin poly lumber and polypropylene resin may be considered by the Landmarks Commission on a case-by-case basis. Black PVC is a permitted material for movable sidewalk enclosures if approved by the Landmarks Commission.

      (4)   Colors for tables, benches and chairs shall be muted and use an earth tone consistent with the natural material. Furniture shall be one color, except that furniture made in different materials may have a different color for each material used.

      (5)   Waste and recycling containers. Containers that are made from recycled plastic shall only be permitted in locations that are not visible from Montgomery, Cooper or Remington Roads. Black, green and gray are the preferred colors for waste or recycling containers. Bright colors and high sheen finishes are prohibited. Containers shall be a single, solid color.

      (6)   Planters. Wood or terra cotta is preferred. Man-made materials that mimic a natural material may be considered by the Landmarks Commission, when appropriate. Colors for planters shall be muted and use an earth tone consistent with the natural material.

      (7)   Umbrellas. Cloth or synthetic materials that replicate woven cloth are preferred. Vinyl and shiny plastic materials are prohibited. Colors for umbrellas shall complement the surrounding buildings, streetscape and/or other street furniture in the area. Fluorescent colors and mounted lighting are prohibited. Umbrellas shall be of traditional design and a single, solid color. Signage is regulated by Chapter 151.30.

      (1)   Signs shall comply with the regulations in Chapter 151.30.

      (2)   Signs shall respect the overall architectural composition of the building and its scale, while not overwhelming the façade.

      (3)   Sign colors shall be harmonious with the building's materials and colors. Sign colors shall relate to the style and period of the building and to the traditional character of the District. In general sign colors should be muted rather than vivid. Paint shall be flat, satin or semi-gloss.

      (4)   Corporate identity colors or logos may be permitted and shall be used with restraint.

      (5)   Sign letter styles and heights shall be appropriate to the District and respect the overall composition of the sign.

      (6)   Wall signs shall be affixed on a continuous, flat, vertical, opaque surface and cannot project more than six inches from the building surface. Signs shall not cover architectural features.

      (7)   Wall signs shall not extend higher than the bottom of the sill of the second story window, or above the lowest point of the roof, or over 25 feet above grade whichever is lowest. Wall signs shall be at least six inches from the lintel, sill or other trim of the windows above and below.

      (8)   No more than one right angle sign, projecting not more than four feet, is allowed for each business establishment. The bottom of the sign shall be at least seven feet above the ground level (sidewalk). The top of the sign shall not extend higher than the bottom of the sills of the second story window, the lowest point of the roof, or 25 feet above grade, whichever is lowest.

      (9)   Window signs shall only be applied directly to the inside surface of the window glass. The letters shall be four inches or less and symbols shall not be larger than eight inches.

      (10)   Signs shall have a simple design. Wall and projecting signs shall not have more than three lines of lettering. Ground signs for multi-tenant commercial buildings are restricted to two lines of lettering per business. Ground signs for single occupancy buildings may contain four lines of type plus a line for the address. Landmarks Commission may approve additional lines for institutional ground signs, if appropriate.

      (11)   Signs may be externally illuminated. Neon lighting, internally illuminated, and backlit signs are prohibited. Ground signs shall include the street address.

      (12)   Sand-blasted wood signs are preferred. Sign materials may be of wood, cast metal, poly-metal, natural stone, brick, or glass, with painted faces or letters. Other materials that have the look and feel of wood may be approved by the Landmarks Commission, if appropriate. Plastic signs are prohibited. Vinyl or plastic letters may be approved, if appropriate.

      (1)   All accessory structures shall be limited to the rear yard and shall not exceed one and one-half stories in height. Roof style shall be limited to either gable or shed roof designs. Flat or gambrel roofs are prohibited; however, a flat roof may be permitted as part of a covered porch, if approved by the Landmarks Commission.

      (2)   Garage doors shall be made of wood or a composite that has the look and feel of wood. Separate doors shall be used for each bay. Exceptions may be made for the replacement of existing, non-conforming garage doors.

      (3)   Decks, patios and porches shall be compatible with the era of the building.

         (a)   For landmark and contributing buildings, masonry and concrete patios directly on grade are permissible. Porches are permitted if they are compatible in design to the rest of the building and the era. The deck of new porches shall not be more than four feet above grade. Porches in conjunction with walk-out basements are discouraged. Above-grade decks are not permitted as additions to landmark and contributing buildings.

         (b)   For other buildings, masonry and concrete patios directly on grade are encouraged. Walk-out basements or porches are discouraged. Decks are permitted, but shall be painted or stained (not clear) and be compatible with the era of the building. Vinyl is prohibited but other materials may be considered if appropriate.

      (4)   Arbors, trellises, fences and other accessory structures shall be of a natural material. If they are made of wood, they shall be painted or stained (not clear). They shall be designed to be compatible with the era of the building. Vinyl is prohibited but other materials may be considered, if appropriate.

      (5)   Solar panels.

         (a)   Solar panels that are not visible from a public right-of-way may be permitted if approved by the Landmarks Commission.

         (b)   Roof-mounted solar panels shall be installed to match the slope of the roof. In the case of a flat roof, solar panels may be angled if approved by the Landmarks Commission.

         (c)   Removal of historic materials or features, such as dormers or chimneys, for the installation of solar panels is prohibited.

         (d)   Roof-mounted solar panels shall be positioned behind existing architectural features, such as parapets, dormers and chimneys, to limit their visibility and preserve the integrity of the building. Final layout of solar panels and mechanical equipment associated with solar panels shall be approved by the Landmarks Commission

         (e)   Roof-mounted solar panels and mounting systems shall be compatible in color with the existing roof materials. Mechanical equipment associated with the panels shall be treated to be as unobtrusive as possible.

         (f)   The installation and removal of solar panels shall not damage the historic integrity of the building.

         (g)   Free-standing solar panels may be permitted in the side and rear yard, in compliance with the setback requirements for accessory structures, if approved by the Landmarks Commission.

      (1)   Lighting shall be used in a very limited manner and only to highlight architectural details on a building, illuminate a sign, or illuminate walkways, outdoor dining areas and/or parking areas.

      (2)   The use of incandescent, natural gas, or halogen lights is allowed, but colored, flashing or neon lights are prohibited. LED lights are permitted if they emulate incandescent bulb in form and color and are enclosed in a traditional light fixture. Other lights may be considered if appropriate. Lighting shall also comply with other sections of this Code. See Design Review Criterion #7 for allowable lighting for signage.

      (3)   Lighting shall not exceed the standards set in §§ 151.1213(B) and 151.3212(C).

(Ord. 5-2010, passed 7-7-10; Am. Ord. 16-2013, passed 11-6-13; Am. Ord. 5, 2020, passed 4-1-20)

   (A)   All new and rehabilitation projects in the Heritage Overlay District shall be subject to the development plan review procedures set forth in Chapter 150.14 .

   (B)   Applications for exterior changes to property in the Heritage Overlay District that is neither a listed landmark nor subject to development plan review shall comply with the procedures set forth in § 150.1207.

(Ord. 5-2010, passed 7-7-10; Am. Ord. 5, 2020, passed 4-1-20)

   (A)   Definitions. When in this section, unless the context otherwise requires, the following terms shall have the following meanings:

      (1)   CERTIFICATE HOLDER. The holder of a certificate of compliance issued by the Zoning Administrator in accordance with the provisions of this section. A certificate holder is responsible for the installation and maintenance of street furnishings encompassed by any certificate of compliance issued pursuant to the provisions of this section and for compliance with all provisions contained herein.

      (2)   CERTIFICATE OF COMPLIANCE. The certificate of compliance issued by the Zoning Administrator to the certificate holder in accordance with the provisions of this section.

      (3)   NEWSRACK. Any type of self-service device for the vending or free distribution of newspapers, advertisements, or periodicals.

      (4)   OPERATOR. Any natural person or other legal entity including, but not limited to, corporations, partnerships, joint ventures and the like, who either own, operate or otherwise are in control of a newsrack.

      (5)   PROPERTY OWNER. A natural person or other legal entity including, but not limited to, corporations, partnerships, joint ventures and the like, who either own, lease or rent real property within the Heritage Overlay District.

      (6)   PUBLIC WAY. Any sidewalk or streetscape area dedicated to public use, public plaza open and dedicated to public use, public highway, public street or public alleyway.

      (7)   STREET FURNISHINGS. Street furniture including but not limited to benches, tables, chairs, table umbrellas, planters, waste containers, newsracks, mailboxes and similar personal property used to vend a product or for aesthetic display.

      (8)   ZONING ADMINISTRATOR. The Zoning Administrator of the City of Montgomery or such person as said Zoning Administrator may from time to time designate.

   (B)   Development standards.

      (1)   All street furnishings in the Heritage Overlay District which are maintained, erected, placed or situated by an owner or operator in a public way or which are placed upon private property, but are open to and visible from any public way shall comply with the standards of this section.

      (2)   The Zoning Administrator, subject to approval of the Landmarks Commission, shall adopt certain rules and regulations setting forth the palette of colors and acceptable materials for all street furnishings in the Heritage Overlay District for the enforcement of this Code.

   (C)   Any street furnishings placed within the Heritage District after the effective date of this Code must comply with the design criteria and placement restrictions as set forth within this section. Any street furnishings in place on the effective date of this section must be either removed or brought into compliance with the terms of this section within 60 days after written notice of nonconformity is delivered to the owner or operator by the Zoning Administrator.

   (D)   (1)   Certificate of compliance.

         (a)   Within the Heritage Overlay District, no person shall affix, erect, place or maintain street furnishings in or on any part of the public way or upon private property in any area which fronts upon a public sidewalk, street or alleyway and is visible to such public sidewalk, street or alleyway without first obtaining a certificate of compliance from the Zoning Administrator in accordance with the provisions of this section. Street furnishings placed on private property which are placed within a solid material walled courtyard which are not visible to such public sidewalk, street or alleyway are exempt from the provisions of this section requiring a certificate of compliance.

         (b)   The certificate of compliance must be renewed annually by application to the Zoning Administrator.

      (2)   Application for certificate of compliance.

         (a)   An application form shall be prepared by the Zoning Administrator and shall require the following detail:

            1.   The name, address and telephone number of the applicant who is the owner/operator or other person who is the principal person responsible for the street furnishings;

            2.   The name, address and telephone number of a natural person (if different from the applicant) who the city may notify and/or contact at anytime concerning the applicant's street furnishings. This person would be responsible for receiving complaints and notices of violations when the certificate of compliance is issued and for providing information relating to the application during the application process;

            3.   A specific written description of the type, style and quantity of street furnishings proposed to be located and the proposed location for such street furnishings; and

            4.   If street furnishings are placed on or within a public way, a certificate of insurance naming the city as an additional insured in an amount not less than $1,000,000 sufficient to indemnify the city and hold it harmless from any and all claims or judgments for personal and bodily injury, including death or property damage, and from costs and expenses to which the city may be subjected or which it may suffer or incur by reason of the design, placement, installation, operation or maintenance of the applicant's street furnishings. Reasonable evidence of self-insurance coverage may be substituted by the applicant for the certificate of insurance. Insurance under this section shall run continuously while the street furnishings are in place within the city public ways, and any termination or lapse of such insurance shall be a violation of this section.

      (3)   Issuance of a certificate of compliance. Upon a finding by the Zoning Administrator that the applicant is in compliance with the provisions of this section, the Zoning Administrator shall issue a certificate of compliance for installation of street furnishings by the applicant. The Zoning Administrator shall issue a partial certificate of compliance upon a finding that some of the proposed street furnishings locations are in compliance with the provisions of this section. Issuance of a certificate of compliance or partial certificate of compliance shall designate the applicant to be the certificate holder. The Zoning Administrator shall issue a certificate of compliance within ten business days of the Zoning Administrator's receipt of a completed application. Proposed locations within the public way shall be approved on a first come/first serve basis by the Zoning Administrator.

      (4)   Denial of certificate of compliance. If an application for a street furnishings location is denied, or if the type and style of the street furnishings is denied, the Zoning Administrator shall

notify the applicant in writing within ten business days of the receipt of the completed application. The Zoning Administrator shall state the specific reason for denial. An applicant who has been denied a certificate of compliance pursuant to this section may appeal such denial within 30 days of the date of the written denial by filing a copy of an appeal with the Zoning Administrator. Such appeal shall be heard by the City Manager, or his/her designee, within ten business days of the filing of the appeal. A final decision on the appeal shall be sent to the applicant within five days of the hearing.

      (5)   Abatement.

         (a)   The Zoning Administrator reserves the right to order, by written notice to the certificate holder, that non-complying street furnishings be removed from an approved location either temporarily or permanently.

         (b)   If the certificate holder fails to remove street furnishings from a location within three business days after receipt of a notice by the Zoning Administrator, the Zoning Administrator, or his/her designee, may summarily remove such street furnishings to storage at a place designed by the city. Such street furnishings may then be returned to the certificate holder upon a certificate holder paying the cost of storage and the reasonable cost to remove such street furnishings to storage, which reasonable removal cost shall not exceed $100. If a certificate holder fails to pay such storage and removal fees or fails to claim such street furnishings from storage within 60 days after receipt of a notice from the Zoning Administrator that such property has been removed to storage, then the city may dispose of such street furnishings as the city deems appropriate. The city shall then be entitled to retain any monies received from the sale of such street furnishings as abandoned property, and no portion of such proceeds from the sale need be accounted to or paid to the certificate holder. If the Zoning Administrator determines that there is an unreasonable and imminent risk of danger to person or property by non-complying street furnishings remaining at a location or in a condition of disrepair at an approved location, the Zoning Administrator may summarily remove such furnishings without advanced written notice to the certificate holder.

   (E)   Standards. All street furnishings shall be maintained in a neat and clean condition and in good repair at all time. Specifically, but without limiting the generality of the foregoing, street furnishings shall be serviced and maintained so that:

      (1)   It is reasonably free of dirt and grease;

      (2)   It is reasonably free of chipped, faded, pealing and/or cracked paint in any visible painted areas;

      (3)   It is reasonably free of rust and corrosion in visible unpainted metal areas;

      (4)   Any clear, plastic or glass parts of any display area of a newsrack are unbroken and reasonably free of cracks, dents, blemishes and discoloration;

      (5)   The structural parts of any street furnishings are not broken or unduly misshapen;

      (6)   There shall be no advertisement attached to, posted upon, or incorporated within any street furnishings except:

         (a)   Umbrellas affixed to tables within the street furnishings authorized in the District may display the name of the business or logo of the business on site where the street furnishings are placed. Provided, however, such name may not be printed in letters larger than four inches in height and they must be displayed only on the drop flaps of the umbrella, may not be displayed more than four times.

         (b)   Newsracks may have a clear display area not to exceed one square foot. Lettering listing the name of the publication is limited to one inch in height and must be displayed only on the front of the newsrack.

      (7)   All newsracks shall be equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event he or she is unable to receive the publication paid for. The coin return mechanism shall be maintained in good working order. Newsracks dispensing free publications are exempt from this division;

      (8)   Each newsrack shall have affixed to it, in a readily visible place so as to be seen by anyone using the newsrack, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction or to secure a refund in the event of a malfunction of the coin return mechanism, or to give the notices provided within this section.

   (F)   If appropriate, the City Manager is authorized to place complying street furnishings in and upon city owned property, or within the city right-of-way, of any public street, alleyway or sidewalk. Such public street furnishings shall include, but not be limited to, flowerpots and planters, waste containers, tables, chairs, umbrellas, and newsracks. If the City Manager elects to place or construct publicly owned newsracks within the District, the City Manger, at a reasonable fee, may allow such newsracks to be used in lieu of the private placement of newsracks in compliance with these regulations.

(Ord. 10-2007, passed 8-1-07)