Moraine City Zoning Code
TITLE NINE
Zoning General Provisions
1181.01 PERMITTED ACCESSORY BUILDINGS AND USES IN RESIDENTIAL AND AGRICULTURAL DISTRICTS.
The following accessory uses are permitted in each Residential District.
(a) The maximum number of private garages, carports or structures for storage incidental to a permitted use on any one residential lot less than 20,000 square feet shall be two buildings, excluding a detached garage. The maximum number of private garages, carports, or structures for storage incidental to a permitted use on any one residential lot equal to or greater than 20,000 square feet shall be three buildings, excluding a detached garage.
(b) On any one residential lot, the maximum allowable combined floor area of all accessory buildings shall be limited to the following criteria:
(1) Any accessory buildings shall be at least three feet from all lot lines.
(2) All detached accessory buildings must be a minimum of ten (10) feet from the principal permitted use and must be a minimum of ten (10) feet from each other.
(3) All accessory buildings must be able to be served by the same curb cut servicing the principal permitted use.
(4) No accessory buildings shall be built over or upon any existing easements.
(5) No business or commercial activity shall be conducted from any accessory building, except as provided under 1181.04(f), Home Occupations.
(Ord. 1279-99. Passed 1-28-99.)
(6) All accessory buildings must be constructed so as to comply with all safety, health and fire codes applicable thereto.
(7) No detached accessory building shall be erected in any required yard except a rear yard.
(8) Notwithstanding any other provision of this Section 1181.01(b) to the contrary no accessory building or, in the aggregate, accessory buildings, that meet all of the other provisions of this section, shall be larger than 2,400 square feet on any one residential lot.
(Ord. 1265-98 Passed 10-22-98.)
(c) A swimming pool, not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than one and one-half (1 1/2) feet; bath house; and other recreational facilities intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located and subject to required provisions under Section 1181.04(g);
(d) Patios and open porches subject to required provisions under Section 1181.04(e);
(e) Earth satellite stations as regulated under Section 1181.04(i);
(f) A child's playhouse, a tree house, birdhouse or doghouse;
(g) Statuary, arbors, trellises, barbecue equipment, flag poles, fences, play equipment, nonmechanical laundry drying equipment, walls and hedges;
(h) Fallout shelters;
(i) Any other structure or use customarily found in conjunction with and required for full utilization and enjoyment of the principal use; and which meets the definition of accessory use as stated in this Zoning Code; and
(j) Recreational vehicle subject to the following conditions:
(1) Parked or stored camping and recreational vehicle shall not be connected to electricity, water, gas or sanitary sewer facilities; and at no time shall this equipment be used for living or housekeeping purposes.
(2) All camping and recreational vehicles shall be kept in good repair and carry a current year's license and/or registration. The ground area under and immediately surrounding where such camping and recreational vehicle is stored shall be maintained free of noxious weeds or overgrowth and debris.
(k) Home occupation subject to the following general provisions.
(1) Permitted home occupations shall be of a personal service nature limited to domestic crafts and professional service, including but not limited to:
A. Such domestic crafts as dressmaking, millinery, sewing, weaving, tailoring, ironing, washing, custom home furnishings work, carpentry work, and furniture repair provided that not more than one quarter (1/4) of the area of one (1) floor shall be used for such purpose; or
B. Such professions as law, medicine, architecture, engineering, planning, real estate, insurance, notary public, manufacturer's agent, clergy, writing, painting, photography and tutoring, provided however, the service is limited to advice and consultation and the premises are not used for the general practice of the profession, provided that not more than one-half (1/2) of the area of one (1) floor shall be used for such purpose.
(2) For the purpose of this Zoning Code, real estate and insurance offices, clinics, doctor's offices, barber shops and beauty parlors, dress shops millinery shops, tourists homes, animal hospitals and kennels, trailer rentals, among others, shall not be deemed to be permitted home occupations unless such home occupations meet the requirements of this subsection.
(3) Permitted home occupations shall be subject to all the regulations of the applicable zone district.
(4) Permitted home occupations shall not affect adversely the residential character of the zoning district or interfere with the reasonable enjoyment of adjoining properties
(l) Day Care centers subject to the following general provisions.
(1) Day care centers for seven (7) 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 (6) or fewer children is considered to be a home occupation and is regulated in Section 1181.04(f).
(2) There shall be provided a minimum of 100 square feet of fenced outdoor play area per child.
(3) All outdoor play areas shall be enclosed by a fence or wall a minimum of five (5) feet in height except that a minimum six (6) 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.
(Ord. 1103-95. Passed 2-9-95.)
1181.02 PERMITTED ACCESSORY BUILDINGS AND USES IN CONSERVATION, BUSINESS AND INDUSTRIAL DISTRICTS.
The following accessory uses are permitted in Conservation, Business and Industrial Districts.
(a) In a Conservation, Business or Industrial District, any use which is customarily found in conjunction with and required for the full utilization and economic viability of the principal use which meets the definition of accessory use as stated in the Zoning Code, and which complies with the applicable standards of the district in which it is located as permitted. See Section 1181.05(a) for additional standards for ground satellite stations within nonresidential areas;
(b) Outdoor vending machines, facilities for recycled goods or materials, etc. operated by nonprofit or public agencies; and
(c) These facilities may be permitted in all business and industrial districts upon obtaining a certificate of use subject to the following requirements.
(1) No such use or facility shall be placed with the street right of way, within an interior drive, or in a location which will interfere with required driveway site distance.
(2) Placement of the facility will not result in the reduction of the number of parking spaces required to serve the principal use(s) on the site.
(3) The subject facility or use shall be maintained in good operating order and appearance.
(Ord. 1103-95. Passed 2-9-95.)
1181.03 ACCESSORY BUILDINGS AND USES NOT PERMITTED IN RESIDENTIAL AND AGRICULTURAL DISTRICTS.
None of the following shall be permitted as an accessory use in a Residential or Agricultural District:
(a) Outdoor storage, unless specifically permitted by the specific zoning district regulations.
(Ord. 1103-95. Passed 2-9-95.)
1181.04 STANDARDS FOR ACCESSORY BUILDINGS AND USES IN RESIDENTIAL AND AGRICULTURAL DISTRICTS.
(a) An accessory building may be erected as an integral part of a principal building or it may be connected thereto by a breeze way or other similar structure, provided that no such accessory building may be erected or used as a stable or primarily for the keeping of animals or birds except where the use is specifically permitted by the specific zoning district.
(b) An accessory building may be erected detached from the principal building. No detached accessory building shall be erected in any required yard except a rear yard.
(c) A detached accessory building shall not exceed fifteen (15) feet in height in Residential Districts.
(d) On a corner lot abutting in the rear or side lot in a Residential District, any accessory building or part thereof within twenty-five (25) feet of the common lot line shall not be closer to the side street lot line than the least depth of the front yard required on such other lot fronting the side street, and in no case shall any part of such accessory building be closer to the side street lot lines than the least width of the side yard required for the principal building to which it is accessory.
(e) No accessory use or structure in any Residential District except an off-street parking area shall be permitted nearer to any front lot line than sixty (60) feet, unless such use or structure is contained within or constitutes an integral part of the principal building. However, if the owner of a corner lot, with approval of the Board of Zoning Appeals designates the longer street lot line as the front lot line, then the requirement of this section shall apply to establish the permitted distance of an accessory building from only the shorter street lot line.
Patios, open porches and carports may be located in side and rear yards provided they are not closer than three (3) to any adjacent property line. If located closer than eight (8) feet, they shall be screened by an evergreen hedge or fence not less than four (4) feet in height and maintained in good condition. In case of a corner lot, no patios or porches shall be closer to the side street lot line than the least depth required for such side yard.
(f) Home Occupations. No home occupation shall be allowed in any Residential District, except as an accessory use, and unless it complies with the following conditions and requirements:
A. The primary use of the structure or dwelling unit shall remain residential and the operator or the home occupation shall remain a resident in the dwelling unit.
B. The operator conducting the home occupation shall be the sole entrepreneur, and he shall not employ any other person other than a member of the immediate family residing on the premises.
C. No structural additions, enlargements, or exterior alterations changing the residential appearance to a business appearance shall be permitted; nor the use of mechanical equipment not customary in dwellings.
D. Such home occupations shall be conducted entirely within the primary building or dwelling unit used as a residence.
E. No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation.
F. No provision for extra off-street parking or loading facilities, other than the requirements and permitted facilities of the zone district, shall be permitted. No part of a minimum required setback distance shall be used for off-street parking or loading facilities, and no additional driveway to serve such home occupations shall be permitted.
G. No display of goods or external evidence of the home occupation shall be permitted, except for one (1) nonanimated, nonilluminating, nonflashing announcement plate, indicating not more than the name and address of the resident. Such plate shall be attached flat against the wall of the residence and shall not exceed two (2) square foot in total surface area.
H. No stock in trade or commodities, other than those prepared, produced or created on the premises by the operator of the home occupation, shall be kept or sold on the premises.
(g) Swimming Pools. No private swimming pool, exclusive of pools less than one and one-half (1 1/2) feet in depth and portable swimming pools with a diameter less than twelve (12) feet or with an area of less than 100 square feet, shall be allowed in any Residential District, except as an accessory use and located in the rear yard, and unless it complies with the following conditions and requirements.
(1) The pool is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located.
(2) The pool may not be located closer than ten (10) feet to any property line, and such location shall be in accordance with all pertinent provisions of Section 1181.01 hereof and shall be measured from the water line. Accessory buildings shall maintain the minimum side yard required. Any walks or paved areas adjacent to the pools shall be considered as patios for the purpose of this Zoning Code and shall conform to the provisions of subsection (e) hereof.
(3) The swimming pools, or the entire rear yard of the property on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. Such fence or wall shall be six (6) feet in height and maintained in good condition with a gate and lock.
(h) Tennis Courts. Tennis courts and other similar playing courts may be located in any rear yard with the fence located no closer than five (5) feet of any property line, provided the location of such courts are in accordance with all pertinent provisions of this section. Such courts may be fenced with a chain link fence located around the perimeter of the court, but any fence over six (6) feet in height shall be planted with large shrubs in sufficient quantities to screen and filter the view of the fence from neighboring properties.
(i) Earth Satellite Stations in Residential Districts. Within Residential Districts, the following provisions shall apply to ground satellite stations:
(1) Such ground stations or antennas shall be for the personal use of such residents;
(2) Such ground stations or antennas shall contain no graphic message or advertising;
(3) Ground-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
A. Such stations or antennas not mounted on the roof of a primary or accessory structure shall be located in the rear yard only and shall not exceed an above grade height of fourteen (14) feet.
B. Such stations or antennas shall have a three (3) foot setback observed from all property lines. This distance shall be measured horizontally from the perpendicular to that part of the structure nearest the property line; and
(4) Roof mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
A. Such stations or antennas shall be mounted directly on the roof of a primary or accessory structure and shall not be mounted on appurtenances such as chimneys, towers or spires.
B. Such stations or antennas mounted on the roof of a primary or accessory structure shall not exceed a height of greater than four (4) feet above the roof on which they are mounted nor extend beyond the edge of the roof line. The height shall be measured vertically from the point at which such station or antenna is mounted on the roof.
C. The diameter of any dish antenna mounted upon the roof of a primary or accessory structure shall not exceed four (4) feet.
(5) No more than one (1) dish-type antenna will be permitted on any one lot.
(Ord. 1103-95. Passed 2-9-95; Ord. 1279-99. Passed 1-28-99.)
(j) Accessory Fences, Walls and Hedges. The intent of these provisions is to outline the regulations for accessory fences, walls and hedges in residential districts. Such structures are permitted in order to: provide for orderly transition between land uses; protect and screen private property; give security and privacy to residents; and provide a physical and visual barrier; reduce wind and modify climate; define property lines; create and define outdoor living space; and generally improve the aesthetic appearance of a site.
(1) Front Yards.
A. Hedges not to exceed four (4) feet in height may be located in any front yard.
B. An ornamental fence or ornamental wall may be located in any front yard or court as follows:
1. The height of any ornamental fence or wall may not exceed three (3) feet above the ground at any point.
2. Any ornamental fence or wall, as permitted in the subsection, shall be so constructed as to provide a ratio of solid portion to open portion not to exceed one to one, the proportion of solid area to open are to be determined in elevation.
3. Such fence or wall may not be located closer than three (3) feet to the front lot lines.
4. The total length may not exceed fifty percent (50%) of the lot frontage.
5. No wire-type fence may be used.
(2) Rear and side yards. A fence, wall or hedge may be located in any rear or side yard, provided that:
A. The height of the fence, wall or hedge may not exceed six (6) feet above the ground at any point.
B. A fence or wall not to exceed ten (10) feet in height may be permitted surrounding tennis courts in any rear yard, provided the provisions of subsection (1) hereof are met
(3) Retaining walls. Retaining walls shall not project more than one (1) foot above the surface of the ground supported by such walls, unless such projection exceeding one (1) foot complies with the applicable requirements of this section.
(4) Security fences. No barbed wire, other sharp-pointed material or electrically charged material shall be used in the construction of a fence allowed agricultural uses and only upon approval of the Police Department.
(Ord. 1103-95. Passed 2-9-95; Ord. 1279-99. Passed 1-28-99.)
(5) Fences. All post and framing members shall be on the owner’s side of the property. No fence shall be erected next to an existing fence. It shall be the owner’s responsibility to verify all property lines.
(Ord. 1499-03. Passed 6-26-03.)
1181.05 STANDARDS FOR ACCESSORY BUILDINGS AND USES IN CONSERVATION, BUSINESS AND INDUSTRIAL DISTRICTS.
(a) Earth Satellite Stations in Nonresidential Districts. Within nonresidential districts, the following shall apply to ground satellite stations:
(1) Such ground stations or antennas shall contain no graphic message or advertising.
(2) Ground-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
A. Such stations or antennas not mounted on the roof of a primary or accessory structure shall be located in the rear yard only and shall not exceed an above-ground height of fourteen (14) feet.
B. Such stations or antennas not be located within fifty (50) feet of a public right of way or within thirty (30) feet of a rear or side lot line and shall be not closer than fifty (50) feet from a lot line or a Residential District.
(3) Roof-mounted stations or antennas shall comply with the following conditions and requirements:
A. Such stations or antennas shall be mounted directly on the roof of a primary or accessory structure and shall not be mounted on appurtenances such as chimneys, towers or spires.
B. Such stations or antennas mounted on the roof of a primary or accessory structure shall not exceed a height of greater than twelve (12) feet above the roof on which they are mounted. The height shall be measured vertically from the point at which such station or antenna is mounted on the roof.
(4) No more than one (1) dish-type antenna will be permitted on any one (1) lot.
(b) Accessory Fences, Walls and Hedges. The intent of these provisions is to outline the regulations for accessory fences, walls and hedges in nonresidential districts. Such structures are permitted in order to: provide for orderly transition between land uses; protect and screen private; give security and privacy; and provide a physical and visual barrier; reduce wind and modify climate; define property lines; create and define outdoor storage space; and generally improve the aesthetic appearance of a site.
(1) Other permissible locations. Fences, walls or hedges may be erected on public recreation areas, school grounds and in Industrial Districts, and are not subject to the requirements of this section, but no such fence, structure or planting shall be erected or maintained with twenty (20) feet of the corner so as to interfere with traffic visibility across the corner.
(2) Security fences. No barbed wire, other sharp-pointed material or electrically charged material shall be used in the construction of a fence, except to fence potentially hazardous areas or for security purposes in high risk areas, and only upon approval of the Police Department.
(Ord. 1103-95. Passed 2-9-95.)
1183.01 INTENT.
Temporary uses shall be permitted in applicable zone districts by the grant of a zoning permit issued by the City in accordance with the approval of such temporary use by the Board of Zoning Appeals or as specifically allowed by Section 1183.04. (Ord. 1170. Passed 6-27-96.)
1183.02 GENERAL PROVISIONS.
(a) The duration of the temporary period is stated hereinafter, provided, however, renewal of such permit may be requested.
(b) Temporary uses shall be subject to all the regulations of the applicable zone district. (Ord. 1170. Passed 6-27-96.)
1183.03 BOARD PERMIT ISSUANCE.
The Board of Zoning Appeals may authorize the temporary use of a building or premises in any district for a purpose or use that does not conform to the regulations described by this Zoning Code for the district in which it is located; provided that such use be of a temporary nature and does not involve the erection of substantial buildings. Such certificates shall be granted in the form of a temporary and revocable permit for a period of time determined by the Board, subject to such conditions as will safeguard the public health, safety, convenience and general welfare. (Ord. 1170. Passed 6-27-96.)
1183.04 PERMITTED TEMPORARY USES.
Zoning permits may be issued by the City for the following temporary uses, provided that they meet these requirements and are not otherwise in conflict with the provisions of this Zoning Code.
(a) Uses.
(1) Contractor's office and construction facilities are permitted in any district where use is incidental to a construction project. The structure shall be located on the lot on which construction takes place and shall be removed once construction ceases.
(2) Real estate sales offices and/or model homes shall be permitted in any district provided that a final plat for such development has been approved by the Planning Commission and filed at the Office of the Recorder for Montgomery County and no change in title takes place. Any such unit shall conform to all requirements for residential uses for the district in which it is located. Maximum length of permit shall be one (1) year. Offices shall be removed upon completion of the development of the subdivision.
(Ord. 1170. Passed 6-27-96.)
1185.01 INTENT.
1185.02 PENDING APPLICATION FOR BUILDING PERMITS.
Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approvals and required building permits have been granted before the enactment of this Zoning Code, the construction of which conforms with such plans and has been started prior to the effective date of this Zoning Code, and completion thereof carried on in a normal manner and not discounted for reasons other than those beyond the builders' control.
(Ord 1069-94. Passed 4-28-94.)
1185.03 UNSAFE BUILDINGS.
Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.
(Ord. 1069-94. Passed 4-28-94.)
1185.04 SPEAKERS, AMPLIFIERS AND SOUND EQUIPMENT.
The commercial use for advertising purposes of loud speakers, including sound equipment mounted on trucks or aircraft within or above any R district, is hereby prohibited.
(Ord. 1069-94. Passed 4-28-94.)
1185.05 TRANSITIONAL USES.
In any R-3 District, a transitional use shall be permitted on a lot the side lot line of which adjoins, either directly or across an alley, a B or M district. The permitted transitional uses for any such lot in an R-3 District shall be of any use permitted in the R-4 District. In such case, the requirements governing lot area per family, off-street parking, yards and other open spaces, shall be the same in an R-3 District as in an R-4 District. Any transitional use shall not extend more than seventy-five (75) feet from the side lot line of the lot which adjoins the district boundary line. (Ord. 1069-94. Passed 4-28-94.)
1185.06 MINIMUM GROUND FLOOR AREA REQUIREMENTS.
(a) A one-floor dwelling shall contain not less than 720 square feet of usable ground floor area, except for lots of record, prior to the adoption of this Zoning Code, having less than 7,500 square feet lot area the usable ground floor area shall contain not less than ten percent (10%) of the existing lot area, exclusive of open porches, garages or steps.
(b) A story and a half or two-story dwelling, shall contain not less than 650 square feet of ground floor area, exclusive of open porches, garages or steps. (Ord. 1069-94. Passed 4-28-94.)
1185.07 HEIGHTS MEASURED.
On a corner or interior lot, the height shall be the vertical distance from the average established curb grade, or from the average finished grade at the building line if higher.
(Ord. 1069-94. Passed 4-28-94.)
1185.08 HEIGHT LIMIT.
(a) The building height limitation for this Zoning Code shall not apply to penthouses or roof structures for housing stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, towers, steeples, flag poles, silos, smoke stacks, masts, water tanks, monuments or other superstructures that project into the air; except where the height of such structure will constitute a hazard to the safe landing and take-off of aircraft within the military or public aircraft approach and airspace areas, as designated on the zoning plan in accordance with current Air Force regulations.
(b) In such case, the height limit thus imposed shall be determined by the Board. In so doing, the Board shall consult with the appropriate military or C.A.A. aeronautical authorities so as to bring about general conformity to their respective regulations.
(Ord. 1069-94. Passed 4-28-94.)
1185.09 STORIES.
(a) The lowest story, or the ground story, or first story of any building is the lowest story, the floor of which is not more than three and one-half (3-1/2) feet below the average contact ground level at the exterior walls of the building; except that any basement used for residence purposes, other than for a janitor, or caretaker, or his family, shall be deemed a ground or first story.
(b) A mezzanine story shall be deemed a full story in case it covers more than one-third (1/3) of the area of the ground story. (Ord. 1069-94. Passed 4-28-94.)
1185.10 STREET FRONTAGE REQUIRED.
Except as permitted by this Zoning Code, no lot shall contain any building used in whole or in part for residence purposes unless such lot abuts for its full frontage on a street; and there shall be not more than one (1) single-family dwelling for such frontage.
(Ord. 1069-94. Passed 4-28-94.)
1185.11 FRONT YARDS ON LOTS RUNNING THROUGH BLOCK.
In any district where a lot runs through a block from street to street, and where a front yard is required, such front yard shall be provided along each street lot line, not a side street lot line.
(Ord. 1069-94. Passed 4-28-94.)
1185.12 DOUBLE FRONTAGE LOTS.
(a) Buildings on through lots and extending through from street to street may waive the lot requirements for a rear yard by furnishing an equivalent open space in lieu of such required rear yard. (Ord. 1069-94. Passed 4-28-94.)
1185.13 FRONT YARD DEPTHS MEASURED.
(a) The minimum front yard depths, as specified, shall be measured from the established right-of-way lines as shown on the Official Thoroughfare Plan.
(b) On corner lots fronting two thoroughfares, the front yard depth shall be measured from the established right-of-way lines of each thoroughfare. (Ord. 1069-94. Passed 4-28-94.)
1185.14 REQUIRED YARD MAY NOT BE REDUCED.
No lot shall be reduced in area as to make any yard or any other open space less than the minimum required by this Zoning Code. No part of a yard or other open space provided about any building or structure, for the purpose of complying with the provisions of this Zoning Code shall be included as part of a yard or other open space required under this Zoning Code for another building or structure. (Ord. 1069-94. Passed 4-28-94.)
1185.15 COURT REQUIREMENTS.
Where a court is provided for the purpose of furnishing light and air to rooms, such court shall be an outer court, the least dimensions of which shall be as follows:
(a) Least Width: Sum of heights of building wings opposite one (1) another, but not less than fifty (50) feet.
(b) Maximum Length: One and one-half (1-1/2) times the width.
(Ord. 1069-94. Passed 4-28-94.)
1185.16 LOTS OF RECORD.
(a) In any district where dwellings are permitted, a single-family dwelling may be located on any lot or plot of official record as of the effective date of this Zoning Code (November 14, 1960).
(b) The sum of the side yard widths of any such lot or plot need not exceed thirty percent (30%) of the width of the lot but in no case less than ten percent (10%) of the width of the lot for any one (1) side yard.
(c) The depth of the rear yard of any such lot need not exceed twenty percent (20%) of the depth of the lot, but in no case less than ten (10) feet. (Ord. 1069-94. Passed 4-28-94.)
1185.17 FILLING STATIONS AND PUBLIC GARAGES.
(a) Entrances and Exits; Oil Storage.
(1) Entrances and Exits.
A. No gasoline filling station or a commercial customer or employee parking lot for twenty-five (25) or more motor vehicles or a parking garage or automobile repair shop, shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut.
(2) Appliance Pit Location.
A. No gasoline filling station or public garage shall be permitted where any oil draining pit or visible appliance for any such purpose other than filling caps, is located within twelve (12) feet of any street lot line or within twenty-five (25) feet of any R district, except where such appliance or pit is within a building.
(3) Setback for Corner.
A. On all corner lots, all vehicular entrances to, or exits from, and curb openings, shall be set back a minimum of twenty-five (25) feet from the corner property lines extended or from the established right-of-way lines as shown on the Official Thoroughfare Plan. All curb openings whether on a corner lot or not, shall not exceed forty (40) feet in width at the curb line, and thirty (30) feet at the property line. There shall be a minimum of twenty (20) feet measured along the property line, between any series of driveways.
(Ord. 1069-94. Passed 4-28-94.)
1185.18 TRAILERS AND TRAILER PARKS.
(a) Districts where trailers may park; general rules.
(1) Parking .
A. Parking of a trailer in any A, R-2, R-2A, R-3, R-4, B-1, C, or WO District shall be prohibited except that one (1) trailer may be parked or stored in an enclosed garage, or accessory building provided that no living quarters shall be maintained, that no business is conducted in connection therewith while such trailer is parked or stored, and provided further that it is permitted by the Board.
(2) Standards.
A. The sanitary regulations prescribed by the County Board of Health, the provisions of the Codified Ordinances of Moraine and all State regulations shall be complied with.
(3) Vehicular Entrances and Exits.
A. No vehicular entrance to or exit from any tourist or trailer park, wherever such park 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.
(b) Enlarging or Extending Trailer Park's Limits.
(1) All enlargements or extensions to existing parks shall require application for a zoning certificate as if it were a new establishment.
(2) Enlargements or extensions to any park shall be permitted in accordance with requirements of park construction and operation as contained in Ohio R.C. Chapter 3733. (Ord. 1069-94. Passed 4-28-94.)
1185.19 EXCAVATIONS AND QUARRIES.
(a) Permit required for excavation or quarry.
(1) No new excavation, quarry or earth removal for the purpose of removing gravel or other natural products shall be carried on in any district unless the same is permitted by the Board of Zoning Appeals subject to such conditions and safeguards as it may determine for the protection of the health, morals, safety and general welfare of the City.
(b) Prohibited Location.
(1) The opening of any new excavation or quarry, and the removal of earth for the purpose of excavating gravel and other natural deposits and the erection of any building or structure for the processing, treating or refining of gravel or other natural deposits, within 300 feet of any A-1, R-2, R-3, R-4, B-1, B-2 or M-1 District, is hereby declared and determined to be detrimental to the health, morals, safety and general welfare of the City and such actions are hereby prohibited.
(c) Dumping of refuse and wastes.
(1) Dumping of refuse or waste materials and burning of such in existing quarries or excavations shall be and the same is hereby prohibited in all zoning districts, except in an M -2 District and then, only upon application to Council. If Council permits the same to be done, Council shall establish the conditions and limitations deemed necessary so that such processes will not be detrimental to the health, safety, welfare and general good of the City. (Ord. 1069-94. Passed 4-28-94.)
1185.20 REAR AND SIDE YARDS; ARCHITECTURAL PROJECTIONS.
(a) Computing Yard Depth and Width. In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens on an alley, one-half (1/2) of the alley width may be included as a portion of the rear or side yard as the case may be.
(b) Projections and Fences. The following architectural features may project into required side yards or courts as hereinafter set forth:
(1) Into any required front yard or required side yard adjoining a street side lot line.
(2) Cornices, canopies, eaves or other architectural features may project a distance not exceeding two (2) feet six (6) inches.
(3) Fire escapes may project a distance not exceeding four (4) feet six (6) inches.
(4) An uncovered stair and necessary landings may project a distance not to exceed six (6) feet, provided that such stair and landing shall not extend above the entrance floor of the building except for a railing not to exceed three (3) feet in height.
(5) Bay windows, balconies and chimneys may project a distance not to exceed three (3) feet, provided that such features do not occupy, in the aggregate, more than one-third (1/3) of the length of the wall on which they are located.
(6) Subject to the conditions specified above, the above named features may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-fifth (1/5) of the required least width of such side yard, but not to exceed three (3) feet in any case.
(7) Subject to the conditions specified above, the above named features may project into any required rear yards or into any required outer court the same distances they are allowed to project into a front yard.
(8) Fences, walls and hedges, not exceeding at any point four (4) feet in height above the elevation of the surface of the ground at such point, may be located in any yard or court.
(9) Fences, walls and hedges not exceeding at any point six (6) feet in height above the elevation of the surface of the ground at such point, may be located in any rear yard area or side yard area; provided, that on a reversed corner lot, no such fence, wall or hedge shall be closer to the street side lot line than a distance equal to the least width of the side yard required adjacent to such lot line for a one-story building.
(Ord. 1069-94. Passed 4-28-94.)
1185.21 SALE OF MOTOR VEHICLES, BOATS, RECREATIONAL VEHICLES.
No person, firm or corporation shall display for sale a motor vehicle, boat or recreational vehicle except that such provision shall not apply in the following specific instances:
(a) No more than one motor vehicle, boat or recreational vehicle at a time may be displayed for sale on a lot or parcel and no more than a total of four such motor vehicles, boats or recreational vehicles may be displayed for sale on any lot or parcel during any consecutive twelve month period, provided that any such motor vehicle, boat or recreational vehicle which is displayed for sale under this subsection (a) must be titled in the name of an occupant of the property and provided further that any boat on a trailer may be displayed for sale together and shall be considered one unit under this subsection (a).
(b) Such motor vehicles, boats and recreational vehicles are displayed by duly and proper licensed dealers and such display occurs in areas properly zoned to conduct such a business.
(c) Limited exception is granted to subsection (a) hereof for one time estate sales and public auctions.
(d) Display of a motor vehicle, boat or recreational vehicle shall not exceed ninety days at any one time. A minimum of sixty days must pass after the termination of any ninety day display period before a motor vehicle, boat or recreational vehicle can be displayed.
(Ord. 1185-97. Passed 1-23-97.)
1185.22 MEDICAL MARIJUANA RELATED BUSINESS OR HOME OCCUPATION PROHIBITED.
No medical marijuana-related business or home occupation may be established, operated or maintained within the City, nor shall any provision of the Zoning Code be construed to permit the use of any property for that purpose. This prohibition shall apply to all zoning districts within the City.
(Ord. 1984-17. Passed 10-26-17.)
1187.01 PURPOSE.
The standards and requirements of this chapter are intended to minimize the traffic impacts of development and to assure that all developments adequately and safely provide for the storage and movement of vehicles in a manner consistent with good site design and engineering practices Included in this chapter are standards regulating off-street parking and loading, access control to and from public streets, and the assessment of the overall traffic impact of a development.
(Ord 1069-94 Passed 4-28-94.)
1187.02 SCOPE.
(a) For all buildings and structures erected and all uses of land established after the effective date of this Zoning Code, accessory parking and loading facilities shall be provided as required by the regulations of the district in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date of this Zoning Code and provided that construction is begun within six (6) months of such effective date and diligently pursued to completion, parking and loading facilities in the amounts as are required for the issuance of such building permit may be provided in lieu of any different amounts required by this Zoning Code.
(b) When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use and for at least fifty percent (50%) of any existing deficiency in parking or loading facilities.
(c) Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if such building or structure was erected prior to the effective date of this Zoning Code, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use, if the latter were subject to the parking and loading provisions of this Zoning Code.
(d) Off-street parking and loading facilities in existence on the effective date of this Zoning Code and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below, the requirements for a similar new building or use under the provisions of this Zoning Code.
(e) Any area once designated as required off-street parking or loading shall never be changed to any other use unless equal facilities are provided elsewhere.
(Ord. 1069-94. Passed 4-28-94.)
1187.03 OFF-STREET PARKING LOCATION.
(a) One and Two-Family Dwellings. The off-street parking facilities required for one- and two-family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve, but shall not be considered a parking lot under the provisions of this chapter.
(b) Multi-Family Dwellings. The off-street parking facilities for multifamily dwellings shall consist of a parking lot as specified in Section 1187.04(c)(2). In no event shall any uncovered parking space in a multi-family district be located nearer than ten (10) feet to any main building.
(c) Mobile Home Parks. The off-street parking required may be located on each site or in parking lots conveniently located and readily accessible to each site.
(d) Other Land Uses. The off-street parking required may be located on each site or in parking lots conveniently located and readily accessible to each site.
(Ord. 1069-94. Passed 4-28-94.)
1187.04 OFF-STREET PARKING FACILITIES SIZE AND DESIGN.
Off-street parking facilities shall meet the following standards:
(a) Size of Spaces. The minimum size for an off-street parking space shall be nineteen (19) feet in length by nine (9) feet wide. However, compact car spaces, with minimum dimensions of eight (8) feet by sixteen (16) feet, may be substituted for up to fifteen percent (15%) of the required spaces, provided that such spaces are readily identified.
(b) Width of Parking Area Aisles and Driveways.
(1) Parking area aisle widths shall conform to the following table, which varies the width requirement according to the angle of parking.
Parking Angle Aisle Width 0° 45° 60° 90° One-Way Traffic 13 13 18 24 Two-Way Traffic 25 22 23 24 |
(2) Driveways shall be not less than thirteen (13) feet in width for one-way traffic and twenty-one (21) feet in width for two-way traffic, except that thirteen (13) feet-wide driveways are permissible for two-way traffic when the driveway is not longer than fifty (50) feet, it provides access to not more than six (6) spaces, and sufficient turning space is provided so that vehicles need not back into a public street.
(c) Design and Construction Standards.
(1) Off-street parking may be open to the side, or enclosed in a building or structure, either above or below ground. Off-street parking areas shall meet acceptable engineering standards as set forth by the City Engineer for such things as driveway widths, island design, curbs, barriers, grades, radii, vertical clearance, stacking and waiting areas and drainage.
A. Each off-street parking space shall open directly onto an aisle or driveway of such width and design to provide safe and efficient means of vehicular access to the parking space, and which, except for single-family and two-family residences (not fronting upon a major collector or arterial thoroughfare), does not require a vehicle to back into a public street.
B. Such aisle or driveway shall not be used for parking of other vehicles, except that the driveway of a single-family or two-family residence shall be counted as parking spaces for such dwelling unit, the number of spaces being dependent on a determination by the Zoning Administrator based on the size and accessibility of such driveway.
C. Any new driveway opening onto a public street requires a driveway permit from the City Engineer.
D. No part of any parking space except for single-family and two family residence shall be closer than ten (10) feet to any established street right of way or alley line as shown on the Official Thoroughfare Plan.
(2) Surfacing and curbing. Except for temporary parking permitted pursuant to the provisions of Chapter 1183
, or the expansion of existing parking areas for single-family residential uses, all open off-street parking areas shall be graded and provided with a hard surface of bituminous or Portland cement concrete. Except for parking areas for single-family residential uses, all parking areas shall be bounded by curbs six (6) inches in height. Such curbs may be made of concrete, stone, timber or similar material, but shall not be made of asphalt.
(3) Wheel stops. Wheel stops shall be installed at least thirty (30) inches from an adjacent sidewalk, fence or wall. Such stops shall be either a concrete piece at least thirty-six (36) inches long and permanently affixed to a foundation; a continuous concrete curb, or other appurtenance or design features that prohibit a vehicle from obstructing a sidewalk or making contact with a wall or fence. However, a sidewalk adjacent to a building may be used for vehicle overhang if such sidewalk is a minimum of five and one-half (5-1/2) feet in width.
(4) Drainage. All off-street parking areas shall meet the standards for stormwater run-off control as provided and administered by the City Engineer.
(5) Marking. Designated parking spaces shall be marked on the surface of the parking area with paint or permanent marking materials and maintained in clearly visible condition. Where approaches contact the public right of way, the paint lines dividing vehicle paths and other pavement markings shall be in accordance with the Ohio Uniform Traffic Control Manual.
(Ord. 1069-94. Passed 4-28-94.)
1187.05 OFF-STREET PARKING LANDSCAPING REQUIREMENTS.
The following provisions are to be considered minimum landscaping requirements for the conditions defined herein. In cases in which respective zoning districts require greater yard setbacks, and/or landscaping, those requirements shall prevail.
Wherever in any zoning district off-street facilities are provided for parking or any other vehicular uses as provided in Section 1187.02, such off-street facilities and land shall conform to the minimum landscaping requirements set forth in this section, except, that single and two-family residential uses on individual platted lots and multi-level parking structures shall be exempt from such requirements. All landscaped areas shall be protected from vehicular encroachment by curbs, wheel stops and other similar devices. Existing trees, as defined herein, may be used to meet the requirements of this section.
(a) Plant Material.
(1) Trees. All trees shall be species having an average mature spread or crown of greater than fifteen (15) feet in the Miami Valley area and having trunk(s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees having an average mature spread or crown less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) foot crown spread. Tree species shall be a minimum of eight (8) feet overall height immediately after planting. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than six (6) feet to such public works, unless the tree root system is completely separated by a barrier.
(2) Shrubs and hedges. Shrubs shall be a minimum of two (2) feet in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen within a maximum of one (1) year after time of planting. Plant spacing will be three (3) feet on center at installation.
(b) Development Standards.
(1) Required landscaping adjacent to public right of way. On any parcel providing an off-street parking area or other vehicular use area in excess of three thousand (3,000) square feet or ten (10) spaces, where such area will not be entirely screened visually by an intervening building or structure from any abutting right of way, excluding alleys, there shall be provided landscaping between such area and such right of way as follows:
A. A strip of land at least ten (10) feet in depth located between the abutting right of way and the off-street parking area or other vehicular use area which is exposed to an abutting right of way shall be landscaped to include an average of one (1) tree for each fifty (50) linear feet or fraction thereof. Such trees shall be located between the abutting right of way and off-street parking area or other vehicular use area.
B. In addition, a hedge, wall or other opaque durable landscape barrier of at least two (2) feet in height shall be placed along the entire length of such landscaped area. If such opaque durable barrier is of nonliving material, for each ten (10) feet thereof, an average of one (1) shrub or vine shall be planted abutting such barrier but need not be spaced ten (10) feet apart. Such shrubs or vines shall be planted along the street side of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape treatment.
(2) Required landscaping adjacent to interior property lines. On any parcel providing an off-street parking area or other vehicular use area, there shall be provided landscaping between such area and such property line as follows:
A. Where such area abuts property zoned or, in fact, used primarily for residential or institutional purposes that portion of such area not entirely screened visually by an intervening structure or existing conforming buffer from an abutting property, there shall be provided a landscaped buffer. Such landscaped buffer shall be located between the common lot line and the off-street parking area or other vehicular use area exposed to the abutting property so that the purpose of screening the off-street parking area or other vehicular use area is accomplished. The vertical requirement for such landscaped buffer area may be reduced to not less than three (3) feet where the only vehicular use area to be screened is a driveway not exceeding ten (10) feet in width.
B. In addition, an average of one (1) tree shall be provided for each fifty (50) lineal feet of such interior property line or fractional part thereof. Such trees shall be located between the common lot line and the off-street parking area or other vehicular use area. Each such tree shall be planted in at least 150 square feet of planting area with a minimum dimension of at least eight (8) feet. Each such planting shall be landscaped with grass, ground cover or other landscape material excluding paving in addition to the required tree.
C. Where such area abuts a dedicated alley or property zoned and, in fact, used for office, commercial or industrial purposes and exceeds 3,000 square feet or ten (10) spaces, only the tree provision with its planting area as prescribed in this subsection shall be required.
(3) Required vehicular use area interior landscaping.
A. Off-street parking areas in excess of 3,000 square feet or ten (10) spaces shall have at least ten (10) square feet of interior landscaping for each parking space excluding those spaces abutting a perimeter for which landscaping is required by other sections thereof.
B. Each separate landscaped area shall contain a minimum of 150 square feet and shall have a minimum dimension of at least eight (8) feet and shall include at lease one (l) tree, with the remaining area adequately landscaped with shrubs, ground cover or other landscaping material. The total number of trees shall not be less than one (1) for each 100 square feet or fraction thereof of required interior landscaping area. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving and at strategic points to guide traffic flow and direction.
C. The front of a vehicle may encroach upon any interior landscaped area or walkway when such area is at least three and one-half (3- 1/2) feet in depth per abutting parking space and protected by motor vehicle stops or curbing. Two (2) feet of such landscaped area or walkway may be part of the required depth of each abutting parking space.
(4) Sight distance for landscaping adjacent to public rights of way and points of access. When an accessway intersects a public right of way, all landscaping shall provide unobstructed cross-visibility at a level between two and one-half (2-1/2) and six (6) feet within the areas of property on both sides of an accessway formed by the intersection of each side of the accessway and public right-of-way lines with two (2) sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides; provided that trees having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross visibility area shall be allowed, and further provided they are located so as not to create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three (3) feet from the edge of any accessway pavement.
(c) Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use area. At such time as existing off-street parking or other vehicular use areas are enlarged or expanded, such provisions shall apply to the previous existing areas as well as the new area. Any appeal from an administrative determination relating to these regulations shall be to the Board of Zoning Appeals. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be required. Where a conflict exists between the strict application of this section and the requirements for number of off-street parking spaces or requirements for off-street loading facilities as found in the schedule of off-street parking and loading requirements, the requirements of this section shall supersede the Schedule.
(d) Time of Completion. All tree plantings and planting screens required by this Zoning Code shall be installed prior to occupancy or commence of use. Where compliance with the preceding sentence is not possible because of the season of the year, the Zoning Administrator shall grant an appropriate delay, but shall issue no permanent zoning compliance certificate or certificate of occupancy until completion of all required plantings. Any zoning compliance permit or certificate of occupancy may be revoked, after thirty (30) days written notice to the person assessed for taxes on the affected lot and to the occupant, whenever planting screens or required tree plantings are not maintained as required by this Zoning Code. (Ord. 1069-94. Passed 4-28-94.)
1187.06 COMPUTATION OF OFF-STREET PARKING REQUIREMENTS.
(a) Number of Spaces. When determination of the number of off-street parking spaces required by this section results in a fractional space, the fraction of one-half (1/2) or less may be disregarded and a fraction in excess of one-half (1/2) shall be counted as one (1) parking space.
(b) Units of Measurement. For the purpose of determining off-street parking requirements, the following units of measurement shall apply:
(1) Floor area. Floor area for nonresidential purposes shall be the sum of the gross horizontal area of all floors of a building measured from the exterior faces of the exterior walls.
(2) Hospital beds. In hospitals, bassinets shall not be counted as beds.
(3) Places of public assembly.
A. Benches. In stadiums, sports areas, churches and other places of assembly in which those in attendance occupy benches, pews or other similar seating facilities, each twenty (20) inches of such seating facilities shall be counted as one (1) seat.
B. Fixed seats and assembly areas. In cases where a place of assembly has both fixed seats and open assembly area, requirements shall be computed separately for each type and added together.
(4) Employees on the largest work shift. Employees on the largest work shift means the maximum number of employees which could be employed at a facility, regardless of the time period during which this occurs and regardless of whether any such person is a full-time employee. The largest work shift may be a particular day of the week or a lunch or dinner period in the case of a restaurant.
(5) Capacity. Capacity means the maximum number of persons which may be accommodated by the use as determined by its design or by fire code regulations, whichever is greater. (Ord. 1069-94. Passed 4-28-94.)
1187.07 NUMBER OF PARKING SPACES REQUIRED.
(a) Residential Uses.
(1) Single-family or two-family residential detached and semi-detached, two (2) off-street parking spaces (a garage may be counted for one (1) of these spaces), two-family, single-family attached and multi-family: two (2) spaces per dwelling unit.
(2) Apartments: two (2) spaces per dwelling unit.
(b) Special Residential Uses.
(1) Dormitories, convents and monasteries: one (1) space per six (6) residents plus one (1) space per employee.
(2) Corporate guest houses: one (1) space per two (2) bedrooms, plus one (1) space per employee.
(3) Residential social service facilities: one (1) space per four (4) residents plus one (1) space per employee.
(4) Retirement villages and senior citizen housing: three-fourths (3/4) space per dwelling unit, plus one (1) space per employee.
(c) Institutional and Recreational Uses.
(1) Cemeteries: one (1) space per employee, plus one (1) space per four (4) seats in any chapel.
(2) Community centers, libraries, museums, art galleries, botanical gardens and other establishments of historical, education and cultural interest: one (1) space per two hundred fifty (250) square feet of gross floor area, plus one (1) space per employee on the largest work shift.
(3) Day care centers and nursery schools: one (1) space per employee, plus one (1) space per five (5) children at capacity, plus a drop-off area consistent with the provisions of Section 1187.12.
(4) Elementary and junior high schools: one (1) space per employee, plus one (1) space per two (2) classrooms.
(5) High schools: one (1) space per employee, plus one (1) space per six (6) students at capacity.
(6) Hospitals and medical centers: one (1) space for every two (2) beds, plus one (1) space for every staff and employee on the largest work shift.
(7) Junior colleges, colleges and universities: one (1) space for every three (3) student classroom seats, plus one (1) space per employee.
(8) Places of worship: one (1) space per four (4) seats at maximum capacity.
(9) Public offices and buildings: one (1) space for every two hundred fifty (250) square feet of gross floor area.
(10) Nursing and personal care facilities, including nursing homes, extended care facilities, rest homes and convalescent homes: one (1) space per six (6) beds, plus one (1) space for each staff and employee on the largest work shift.
(11) Recreational uses, indoor and outdoor: all such uses shall provide the total number of spaces required for the specific combination of recreation facilities provided, based on the following:
A. Auditoriums, arenas, stadiums, gymnasiums, and playing fields with stands: one (1) space for every four (4) seats at capacity.
B. Golf courses: ten (10) spaces per hole, plus fifty percent (50%) of the spaces otherwise required for any accessory uses (e.g., bars, restaurants, pro shops).
C. Parks, playgrounds, nature areas and other open space: one (1) space for every five (5) users at maximum capacity, except that the Zoning Enforcement Officer may waive the parking requirements for neighborhood parks under five (5) acres in size.
D. Recreation centers: one (1) space for every two hundred fifty (250) square feet of floor area, except those designed for use exclusively by senior citizens or youth under age sixteen (16), in which case there shall be one (1) space for every seven hundred fifty (750) square feet.
E. Skating rinks: one (1) space per three hundred (300) square feet of gross floor area.
F. Swimming pools: one (1) space for every seventy-five (75) square feet of water surface area.
G. Tennis, racquetball and handball courts: indoor - four (4) spaces for each playing court; outdoor tennis courts - two (2) spaces for each court. In addition to the above requirements, all recreational uses shall provide one (1) space for every two (2) employees on the largest work shift.
(d) Business and Professional Offices.
(1) Business and professional offices and associations: one (1) space per three hundred (300) square feet of gross floor area, but not less than two (2) spaces per office.
(2) Medical offices and clinics: three (3) spaces per treatment or examination room or chair, plus one (1) space per staff and employee, but not less than five (5) spaces per practitioner.
(e) Retail Commercial and Service Uses.
(1) Animal hospitals and veterinary clinics: three (3) spaces for each treatment area, plus one (1) space for each staff and employee, except that pet stores shall provide parking pursuant to subsection (i) below.
(2) Commercial schools and studios: one (1) space for every three (3) students at capacity and one (1) space for each employee.
(3) Financial establishments, banks and savings and loan associations: one (1) space per two hundred (200) square feet of gross floor area, plus one (1) space per employee on the largest work shift, plus five (5) off-street waiting spaces per drive-in window or drive-through teller machine.
(4) Funeral homes and mortuaries: one (1) space for every fifty (50) square feet of public floor area, plus one (1) space for each employee, plus one (1) space for each business vehicle.
(5) General merchandise stores and supermarkets: one (1) space for each one hundred fifty (150) square feet of gross floor area used for sales and display and one (1) space for every two hundred fifty (250) square feet of storage, warehouse and office area.
(6) Home furnishings, home improvements and equipment stores: one (1) space for each four hundred (400) square feet of indoor and outdoor sales and display area and one (1) space for each eight hundred (800) square feet of office, storage and warehouse area.
(7) Nurseries and garden supply stores: one (1) space for each employee on the largest shift, one (1) space for each two hundred (200) square feet of gross floor area of inside sales or display and one (1) space for each one thousand (1,000) square feet of exterior sales and display area.
(8) Restaurant, standard: one (1) space per one hundred (100) square feet of gross floor area, plus one (l) space per employee on the largest work shift.
(9) Specialty retail commercial, specialty food stores, personal services and commercial centers: one (1) space for every two hundred (200) square feet of gross floor area less than two thousand (2,000) and one (l) space for every two hundred fifty (250) square feet of gross floor area greater than two thousand (2,000) square feet, except that commercial entertainment uses in commercial centers shall provide additional parking as required in the following pertinent provisions, and no use shall have less than five (5) spaces.
(10) Business and cleaning services: one (l) space for every three hundred (300) square feet of sales and office area, plus one (l) space for every employee on the largest work shift, plus one (l) space for every company or service vehicle regularly stored on the premises.
(11) Automobile accessories sale and installation: two (2) spaces for every service bay, plus one (1) space for each employee, plus one (l) space for every four hundred (400) square feet of sales area.
(12) Automobile service stations and auto repair, painting and body shops: two (2) spaces for each service bay, plus one (1) space for each employee and service vehicle, with a minimum of six (6) spaces.
(13) Automobile washing facilities: six (6) waiting spaces and two (2) storage spaces for each car washing device or stall; or ten (10) off-street waiting spaces for an assembly line type washing establishment where vehicles await entrance to the washing process. Two (2) employee parking spaces for every three (3) employees. Two (2) parking spaces at the exit end of each washing bay for drying and hand finishing of vehicles.
(14) Dance halls, bingo halls, assembly and exhibition halls: one (1) space for every fifty (50) square feet of floor area.
(15) Drive-in theatre: one (1) space for each automobile station, plus one (1) space per employee.
(16) Game rooms and pool halls: one (1) space for every two (2) patrons at maximum capacity, plus one (1) space for every two (2) employees on the largest work shift.
(17) Golf driving range: one (1) space per tee, plus one (l) space per employee on the largest work shift.
(18) Miniature golf: one and one-half (1/2) spaces per hole, plus one (l) space per employee on the largest work shift.
(19) Other outdoor commercial entertainment: one (l) space for every four (4) patrons at maximum capacity, plus one (l) space for every two (2) employees on the largest work shift.
(20) Theaters, concert halls and meeting and banquet halls: one (1) space for every two and one-half (2-l/2) seats at capacity.
(21) Convenience food stores, mini-markets and carry-outs: one and one-half (1- 1/2) spaces for every two hundred (200) square feet of floor area, plus one (1) space for each employee.
(22) Drive-through stores, including photo kiosks and freestanding automatic teller machines: one (1) space for each employee, plus off-street stacking space for five (5) vehicles, plus one (1) space for each two hundred (200) square feet of sales area open to the public.
(23) Fraternal and social associations and private clubs: one (1) space for every fifty (50) square feet of floor area in assembly or meeting rooms, plus one (1) space for every two hundred (200) square feet of other floor area.
(24) Hotels and motels: one (1) space per room or suite, plus one (1) space for every three (3) employees on the largest work shift, plus one (1) space per three (3) persons to the maximum capacity of each public meeting and/or banquet room, plus fifty percent (50%) of the spaces otherwise required for accessory uses (e.g., restaurants and bars).
(25) Restaurants, fast food: one (1) space per fifty (50) gross square feet of floor area, plus one (1) space per employee on the largest shift with a minimum of twenty-five (25) total spaces and with off-street stacking space for eight (8) vehicles for each drive-in window, with such stacking spaces to be located behind the point where a drive-in order is placed.
(26) Taverns, bars and nightclubs: one (1) space for every fifty (50) square feet of gross floor area, plus one (1) space for each employee on the largest work shift.
(27) Vehicle sales and service: one (1) parking space for each eight hundred (800) square feet of floor area, plus one (1) space for each three thousand (3,000) square feet of open lot area devoted to the sale and display of motor vehicles.
(f) Light Industrial Uses.
(1) Construction trades and contractor offices and industrial craft shops: one (1) space for every three hundred (300) square feet of floor area, plus one (1) space for every business vehicle.
(2) Lumberyards and building materials sales: one (1) parking space for eight hundred (800) square feet of floor area, plus one (1) space for every three thousand (3,000) square feet of lot area devoted to the storage and display of building materials.
(3) Manufacturing, printing and publishing establishments and laundry and dry cleaning plants: one (1) space for each employee on the largest work shift, plus one (1) visitor parking space for every ten thousand (10,000) square feet of floor area, plus one (1) space for every company vehicle regularly stored on the premises.
(4) Recycling centers: one (1) space for each employee or volunteer on the largest work shift, plus one (1) parking space for each collection vehicle and two (2) drop-off spaces for each bay and/or collection vehicle and container.
(5) Warehouses and mini-warehouses: one (1) space for every four thousand (4,000) square feet of gross floor area, plus one (1) space per employee on the largest work shift.
(6) Wholesaling facilities: one (1) space for every three hundred (300) square feet of office and sales area, plus one (1) space for every four thousand (4,000) square feet of warehouse and storage area, plus one (1) space per employee on the largest work shift.
(g) Heavy Industrial Transportation and Utility Uses.
(1) Heavy equipment rental, sales and storage: one (1) space for every eight hundred (800) square feet of floor area, plus one (1) space for every three thousand (3,000) square feet of lot area devoted to the sale and display of vehicles.
(2) Heavy industry: one (1) space for each employee on the large work shift, plus one (1) space for each company vehicle normally stored on the premises, plus one (1) space for every ten thousand (10,000) square feet of lot area and floor area in industrial use.
(3) Public service yards and garages: one (1) space for each employee on the largest work shift, plus one (1) space for each business vehicle.
(4) Public transit stations: one (1) space per employee, plus one (1) space per three (3) patrons to capacity.
(5) Public utilities: one (1) space for every two hundred fifty (250) square feet of floor area, plus one (1) for each business vehicle, where applicable, with a minimum of two (2) spaces.
(6) Transportation terminals: one (1) space for every five (5) seats in the waiting area, plus one (1) space for every employee on the largest shift, plus one (1) space for every company vehicle normally parked on the premises. (Ord. 1069-94. Passed 4-28-94.)
1187.08 OFF-STREET LOADING SPACES REQUIRED GENERALLY.
In any zoning district every building or structure built, structurally altered, enlarged or having a change of use, and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, shall be provided with off-street loading spaces or berths as required in this chapter. (Ord. 1069-94. Passed 4-28-94.)
1187.09 OFF-STREET LOADING SPACE DESIGN STANDARDS.
(a) Dimension. Each off-street loading space shall be at least ten (10) feet in width by twenty-five (25) feet in length with a vertical clearance of fifteen (15) feet or more and adequate area for ingress and egress.
(b) Access.
(1) Each required loading berth shall be served by access to a street, service drive or alley in a manner that will not interfere with traffic or parking lot circulation.
(2) No loading space shall be located in such a manner as to allow a vehicle to back onto a public street or to extend into the right of way while being loaded or unloaded.
(c) Surface and Drainage. All loading areas shall be graded as necessary and improved with bituminous or Portland cement and shall be provided with adequate drainage as determined by the City Engineer upon his review of the submitted plan.
(d) Location. Off-street loading areas shall not be located in any front yard, street side yard or within twenty-five (25) feet of any street right of way, except for area used for the occasional drop-off or pick-up of goods in vans, step-vans or panel trucks. No loading space shall be located within a required front or side yard when adjacent to any "R" District. No permitted or required loading space shall be closer than fifty (50) feet to any lot in any "R" District unless wholly enclosed within a building.
(e) Marking. Designated loading areas shall be marked as such on the surface of the loading area with paint or permanent marking materials and maintained in clearly visible condition. (Ord. 1069-94. Passed 4-28-94.)
1187.10 UTILIZATION OF OFF-STREET LOADING SPACES.
(a) No storage, motor vehicles repair work or service of any kind other than for an emergency shall be permitted within any required loading berth.
(b) Space allocated to be a required loading berth shall not be used to satisfy any requirement of this Zoning Code for off-street parking spaces. (Ord. 1069-94. Passed 4-28-94.)
1187.11 COMPUTATION OF OFF-STREET LOADING SPACE REQUIREMENTS.
1187.12 SPECIFIC OFF-STREET LOADING SPACES REQUIRED.
(a) Institutional, Public Assembly and Residential Buildings.
(1) Schools, hospitals, nursing homes and other similar institutional uses and mid and high rise residential uses: one (1) loading space for twenty thousand to two hundred thousand (20,000 to 200,000) square feet of gross floor area and one (1) space for each additional two hundred thousand (200,000) square feet or fraction thereof.
(2) Auditoriums, gymnasiums, stadiums, theaters, convention centers and other buildings for public assembly: one (1) space for ten thousand to twenty thousand (10,000 to 20,000) square feet of gross floor area and one (1) space for each additional one hundred thousand (100,000) square feet.
(b) Offices and Financial Institutions. One (l) space for the first twenty-five hundred to seventy-five thousand (2,500 to 75,000) square feet of gross floor area and one (1) space for additional twenty-five thousand (25,000) square feet.
(c) Retail Commercial Service. Road Service and Commercial Entertainment Uses. For each establishment, one (l) space for the first ten thousand (10,000) square feet of gross floor area and one (l) space for each additional twenty thousand (20,000) square feet.
(d) Industrial Uses. One (1) space for every ten thousand (10,000) square feet of gross floor area. (Ord. 1069-94. Passed 4-28-94.)
1187.13 SCREENING AND LANDSCAPING OF OFF-STREET PARKING AND LOADING AREAS.
Screening and landscaping of off-street parking and loading areas shall be consistent with the provisions of Section 1187.05. (Ord. 1069-94. Passed 4-28-94.)
1187.14 LIGHTING OF OFF-STREET PARKING AND LOADING AREAS.
All illumination for or on all such parking lots and loading areas shall be deflected away from adjacent residential areas and shall be installed in such a manner as to allow the reduction of the amount of light in other than normal parking hours each day. The source of illumination in all parking lots abutting a residential area shall not be more than sixteen (16) feet above the parking lot surface. (Ord. 1069-94. Passed 4-28-94.)
1187.15 MAINTENANCE OF OFF-STREET PARKING AND LOADING AREAS.
Parking and loading facilities shall be kept free from refuse and debris and in good structural condition through periodic maintenance by the owner or his agent, who shall also be responsible for snow removal. (Ord. 1069-94. Passed 4-28-94.)
1189.01 PURPOSE.
It is the intent of this chapter to establish reasonable regulations governing the size, character and location of signs within the City of Moraine, in the interest of safety and general welfare of its citizens, business concerns and other affected sectors of the community. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign distractions and sight obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights of way, provide more open space, and curb the deterioration of the natural environment and enhance community development.
(Ord. 1209-97. Passed 10-9-97.)
1189.02 SCOPE OF REGULATIONS.
The regulations herein set forth shall apply to and govern signs in all zoning districts. All signs shall be erected or maintained in compliance with the regulations governing signs for the district in which it is located, unless such sign is otherwise specifically regulated by special use provisions relating to variances.
Any sign already established on the effective date of this section, and which sign is rendered nonconforming by the provisions herein, and any sign which, as a result of subsequent amendments hereto, shall be rendered nonconforming.
(Ord. 1209-97. Passed 10-9-97.)
1189.03 SIGNS NEAR INTERSTATE HIGHWAYS.
(a) No advertising device shall be erected or maintained which violates any State or Federal laws or regulations concerning advertising on or near interstate highway systems.
(b) Vendors who have currently permitted advertising placed within the right of way on the interstate highway system for a business located within the City may attach advertising logos to existing directional signs erected in proximity to the end of interstate exits and ramps, provided such logos do not obscure the directional sign and may be removed upon request without damage to the directional sign.
(c) No advertising logo shall be placed without prior application for and issuance of a permit in accordance with Section 1189.06.
(Ord. 1613-06. Passed 3-23-06.)
1189.04 PROHIBITED SIGNS.
The following signs are prohibited:
(a) No sign shall be erected at or near any intersection of any streets, or any railway and any street, in such a manner as to obstruct free and clear vision, or at any location whereby reason of position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device, or which makes use of the words "stop," "look," "danger," or other word, phrase or symbol in such manner as to interfere with, mislead or confuse traffic.
(b) Light sources for illuminated signs shall not be of such brightness as to constitute a hazard to pedestrian or vehicular traffic. Artificial light shall be maintained stationary and constant in intensity and color at all times when in use.
(c) No rotation beam, beacon or flashing illumination resembling an emergency light shall be used in connection with any sign display, nor shall any illuminated device designed to attract attention of users of the street be permitted unless it is an integral part of the sign as herein defined.
(d) Illumination for signs shall be directed or shaded downward so as to not interfere with the vision of persons on the adjacent highways or adjacent property.
(Ord. 1209-97. Passed 10-9-97.)
1189.05 EXISTING SIGNS.
Any advertising device existing at the time of the enactment of this section may remain subject to the following provisions:
(a) No such advertising device shall be structurally improved, altered or relocated in violation of any provision of this chapter, specifically, but not limited to subsection (c) hereof and Section 1189.07.
(b) Normal maintenance of an existing advertising device shall be allowed provided such maintenance does not involve structural improvement, alteration or relocation in violation of this chapter. If the appearance and safety of the advertising device cannot be maintained, then it shall be removed or eliminated.
(c) The safety or structural soundness of any advertising device shall be determined by the City Building and Zoning Inspector using normally accepted building and structural specifications for safety.
(d) If any existing advertising device is found to be structurally unsafe, notice shall be given to the owner and repairs shall be made within sixty days. If repairs are not made then the advertising device shall be removed.
(Ord. 1209-97. Passed 10-9-97.)
1189.06 PERMITS.
Permits, when required by this chapter, shall be issued by the Building and Zoning Inspector only after drawings or sketches identifying the type of advertising device to be used, and identifying the dimensions and location of the device are submitted and found to be in accordance with the provisions of this chapter. (Ord. 1209-97. Passed 10-9-97.)
1189.07 COMMERCIAL ADVERTISING SIGNS.
Commercial advertising signs shall be regulated as follows:
(a) Awning signs shall be affixed flat to the surface thereof; shall not extend vertically or horizontally beyond the limits of the awning; and shall not be illuminated and shall indicate names of occupant only.
(b) Marquee signs shall be affixed to the face or top thereof; shall not exceed four feet in vertical measurement above the marquee; and shall not extend horizontally or vertically below the marquee.
(c) Sign Size Limitations per District.
(1) M2 and M1 Districts.
A. Building or premises under 10,000 square feet: Total message area of all commercial advertising signs on premises may not exceed ten (10) square feet for each 1,000 feet of floor area of the portion of the structure or structures housing the activity being advertised. Any sign or signs exceeding this above formula shall not be permitted unless approved by variance.
B. Building or premises over 10,000 square feet: Total message area of all commercial advertising signs on premises may not exceed 100 square feet plus five (5) square feet for each 1,000 square feet of floor area or over 10,000 square feet of the portion of the structure or structures housing the activity being advertised. Any sign or signs exceeding this above formula shall not be permitted unless approved by variance.
(2) Business Districts Bl and B2. Total message area of all commercial signs on premises may not exceed one and one-half (1-1/2) square feet for each linear foot of building or premises frontal width. Such signs may be free standing (maximum of one) or attached to or painted on a building or premises. In no case, however, shall any part of the sign be allowed to project above the top of the wall nor extend beyond the ends of the wall to which they are attached, except for an approved roof sign. Any sign or signs exceeding this above formula shall not be permitted.
(3) Office District. Total message area for all commercial advertising signs may not exceed one and one-half (1-1/2) square feet for each linear foot of building or premises frontal width. Such signs may be free standing (maximum of one) or attached or painted on a building or premises. In this district commercial advertising signs shall be only for advertising of the business being conducted on the lot on which the sign is located. Any sign or signs exceeding this above formula shall not be allowed unless approved by variance.
(4) Agricultural District. Total message area for all commercial advertising signs may not exceed one and one-half (1-1/2) square feet for each linear foot of building or premises frontal width. Such signs may be free standing (maximum of one) or attached or painted on a building or premises. In this district commercial advertising signs shall be only for advertising of the business being conducted on the lot on which the sign is located. Any sign or signs exceeding this above formula shall not be allowed unless approved by variance.
(5) R Districts. No commercial advertising signs shall be permitted except:
A. Sign less than two (2) square feet attached flat against building, which states only the name and occupation of persons engaged in a legal home occupation. Only one (1) sign per building shall be allowed.
B. Signs associated with churches, schools or other permitted nonresidential uses. Such signs shall conform to regulations applicable to them listed in other areas of this chapter.
(Ord. 1209-97. Passed 10-9-97.)
1189.08 WALL SIGNS.
In addition to any other provisions in this chapter, the following provisions apply to each building or premises:
(a) Wall signs shall not exceed ten percent (10%) of the total square feet of the wall of a building or premises. The total square feet shall be determined by measuring the smallest rectangle which would enclose the entire sign. Any sign exceeding the above formula shall not be permitted unless approved by variance.
(b) Only one (1) wall sign shall be permitted on each wall of a building or premises facing a thoroughfare.
(c) The top of the wall sign shall be limited to the wall height.
(d) Wall signs may be illuminated.
(e) Wall signs may exist as long as they are usable and maintained.
(f) Wall signs are permitted subject to zoning laws in B-1, B-2, M-1 and M-2 Districts.
(g) A permit is required. (Ord. 1209-97. Passed 10-9-97.)
1189.09 FREE STANDING SIGNS.
In addition to any other provisions of this chapter, the following provisions apply:
(a) Free standing signs shall not exceed one hundred (100) square feet in sign area, with no single face exceeding fifty (50) square feet.
(b) Only one free standing sign per business shall be allowed.
(c) The height of a free standing sign shall be equal to the height of the building served by the sign or eighteen (18) feet, whichever is less.
(d) The leading edge of a free standing sign shall be no closer than 5 feet to the thoroughfare plan right-of-way.
(e) Free standing signs must be twenty (20) feet from any side lot line.
(f) Free standing signs may be illuminated.
(g) Free standing signs may exist so long as they are usable and maintained.
(h) Free standing signs are permitted subject to zoning laws in B-1, B-2, M-1 and M-2 Districts.
(i) No permit shall be issued for any free standing sign on a lot with multiple business uses unless a sign plan is submitted to the Building and Zoning Administrator. Such plan shall clearly describe the layout of the sign and the manner in which space is allotted for each and every business use.
(j) A permit is required.
(Ord. 1499-03. Passed 6-26-03.)
1189.10 PROTRUDING SIGNS.
In addition to any other provisions of this chapter, the following provisions apply:
(a) Protruding signs shall not exceed fifty (50) square feet in sign area. Any sign or signs exceeding this above formula shall not be permitted unless approved by variance.
(b) Only one (1) protruding sign per business shall be allowed.
(c) A protruding sign may be illuminated.
(d) A protruding sign may exist as long as it is usable and maintained.
(e) Protruding signs are permitted subject to zoning laws in B-1, B-2, M-1 and M-2 Districts.
(f) A permit is required. (Ord. 1209-97. Passed 10-9-97.)
1189.11 ROOF SIGNS.
In addition to any other provisions of this chapter, the following provisions apply:
(a) No roof sign shall be permitted unless approved by variance with the approval of a registered architect. However, in no case shall a roof sign extend beyond or overhang any exterior wall of the building upon which it is secured.
(b) Only one (1) roof sign per business shall be allowed.
(c) A roof sign may be illuminated.
(d) A roof sign may exist as long as it is usable and maintained.
(e) Roof signs are permitted subject to zoning laws in B-2, M-1 and M-2 Districts.
(f) A permit is required. (Ord. 1209-97. Passed 10-9-97.)
1189.12 REAL ESTATE SIGNS.
In addition to any other provisions of this chapter, the following provisions apply:
(a) Real estate signs are permitted in all zoning districts. In manufacturing and business districts, the maximum total message area for real estate signs shall be computed in the same manner as that for commercial advertising signs. In residential districts, the total message area of real estate signs located on one lot may not exceed ten (10) square feet/per face. Real estate signs less than ten square feet in area have no setback requirements, but shall not be located within the right of way of any public street or on any public lands or easements nor in any location which would create a public hazard. Real estate signs larger than ten (10) square feet in area shall meet the setback requirements of the district wherein located as if the sign were a building.
(b) Real estate signs for new construction shall be considered temporary signs and may be established during the period of construction and for a duration of not more than three (3) months after the construction is complete according to the following provisions:
(1) Signs for single-family dwellings shall not be illuminated; shall not exceed ten (10) square feet/per face in total sign area; and with a "SOLD" sign attached, shall be removed after seven (7) days.
(2) Signs for multiple-family dwellings shall not be illuminated; shall not exceed sixty-four (64) square feet in total sign area; and shall be located on the premises to which the sign pertains.
(3) Real estate signs shall not be illuminated.
(4) Real estate signs are permitted subject to zoning laws in all areas.
(5) A permit is not required. (Ord. 1209-97. Passed 10-9-97)
1189.13 CONSTRUCTION SIGNS.
In addition to any other provisions of this chapter, the following provisions apply:
(a) One (1) construction sign of not more than sixty-four (64) square feet in total area per face shall be permitted at each permanent public access to a residential subdivision or commercial or industrial building which is actively under development. Construction signs shall not be illuminated and shall be permitted only during the period beginning with actual construction and ending ninety (90) days after completion of the building or subdivision. Construction signs shall be maintained in good repair and appearance by the owner at all times.
(b) Construction signs shall meet the setback requirements of the district wherein located as if the sign were a building. Construction signs may state the name and type of development, names of architects and contractors, addresses and drawings of the development under construction; however, no prices for purchase, lease or rental may be stated on a construction sign.
(c) A permit is required. (Ord. 1209-97. Passed 10-9-97.)
1189.14 POLITICAL ADVERTISING SIGNS.
In addition to any other provisions of this chapter, the following provisions apply:
(a) Political advertising signs are permitted in all zoning districts without limitation as to location, except that no such sign may be located on the street right of way or other public lands or easements nor in any location which would create a public hazard. Political advertising signs are permitted only during the period beginning 60 days before the election in which the issue or candidate is to be voted upon and ending 5 days after such election. Political advertising signs on developed property shall not exceed 16 square feet of advertising area per face and 6 feet in height in B-2, M-1 and M-2 Districts, and 6 square feet per face and 36 inches of height in others.
(b) There is no limit to the number of political advertising signs that may be placed on any particular lot, so long as no more than two signs are placed for each individual candidate or, separately, each slate of candidates. No more than two signs may be placed in favor of any ballot issue or in opposition of any ballot issue. The same issue may have two signs for and against it on the same lot.
(c) Political signs shall not be illuminated.
(d) A permit is required. Such permit shall be applicable to all signs placed on any lot in the City advertising in favor of or against a particular candidate or issue. The Zoning Administrator shall notify the candidate and/or organization as to the authorized placement of political advertisement in the City.
(e) The applicant is responsible for the proper placement and maintenance of each sign placed in accordance with this section.
(Ord. 1566-05. Passed 2-10-05.)
1189.15 TEMPORARY SIGNS.
In addition to any other provisions of this chapter, the following provisions apply:
(a) Temporary signs may be erected with permits for up to a maximum period of thirty (30) days during any calendar year. A temporary sign shall not exceed thirty-two (32) square feet per face in size and shall not create a hazard to either auto or pedestrian travel.
(b) A permit is required. Permits for temporary signs shall be issued in increments of 5 days, 7 days, 10 days, 15 days, or 30 days.
(c) If necessary, temporary signs may be illuminated with permission of the Building and Zoning Administrator. Such illumination shall be provided only by backlighting.
(d) The location and placement of temporary signs is subject to the approval of the Building and Zoning Administrator.
(e) The leading edge of a temporary sign shall be no closer than 10 feet from the right- of-way.
(Ord. 1499-03. Passed 6-26-03.)
1189.16 IDENTIFICATION SIGNS.
In addition to any other provisions of this chapter, the following provisions apply: Identification signs shall be governed as follows:
(a) Identification signs and bulletin boards for the following uses shall not exceed thirty-two (32) square feet per face and sixty-four (64) square feet per sign.
(1) Cemeteries.
(2) Place of worship.
(3) Public parks, playgrounds and community centers.
(4) Publicly owned and operated buildings and facilities.
(5) Schools and colleges where academic instruction takes place.
(6) Private noncommercial golf courses but not including driving ranges, miniature golf courses and pitch and put courses; swimming pools and tennis courts; and accessory uses.
(7) Governmental signs and private traffic control signs, provided that: Governmental traffic control and other governmental signs are legally established under those Federal, State and local laws, regulations and orders governing their use. Privately established vehicular and pedestrian traffic control signs are located entirely on premises and are properly subdued in size and color so as to be compatible with the character of the neighborhood wherein located. Such signs may include "private drive," "employee parking only," "use other door," "in," "out," "reserved," "(name of business) parking," and the like. Unnecessary sign or signs which are promotional in nature shall not be permitted under this section.
(8) Eleemosynary Signs. Signs which are customary and incidental to the conduct of a bona fide nonprofit charitable, religious, philanthropic or civic organization, when such signs are located on premises owned by such organization. Such signs shall be sufficiently subdued in size, color and design so as to be compatible with the neighborhood wherein located.
(9) Corporate Limit Signs. Signs established by the City designating its boundaries and providing information which may be useful to persons traveling into the community. Corporate limit signs may include the signs of nonprofit churches, civic organizations and the like, provided such signs are established in accord with regulations established by the City Manager.
(b) Identification signs for dwellings shall be regulated as follows:
(1) Single-family dwellings, two-family dwellings, together with accessory uses, home occupations and temporary buildings shall not exceed one and one-half (1-l/2) square feet in sign area per face and three (3) square feet per sign.
(2) Multiple-family dwellings shall be computed on the basis of one (1) square foot per each dwelling unit not to exceed thirty-two (32) square feet in sign area per face and sixty-four (64) square feet in total sign area.
(c) Identification signs may exist as long as they are usable and maintained.
(d) A permit is required for other than governmental identification signs.
(Ord. 1209-97. Passed 10-9-97.)
1189.17 DIRECTIONAL SIGNS.
In addition to any other provisions of this chapter, the following provisions apply:
(a) Nongovernmental directional signs are permitted as needed provided that they do not exceed two (2) square feet in sign area per face nor three (3) feet in height.
(b) Nongovernmental directional signs must be free standing, and may not be attached to governmental signs or utility poles.
(c) Nongovernmental directional signs are permitted in all areas subject to zoning laws.
(d) Permits are required if the sign is to be used for more than seven (7) days.
(Ord. 1499-03. Passed 6-26-03.)
1189.18 WARNING SIGNS.
In addition to any other provisions of this chapter, the following provisions apply:
(a) Warning signs shall be permitted as needed but they shall not exceed thirty-two (32) square feet in sign area and shall not create a hazard to either auto or pedestrian travel.
(b) If necessary, warning signs shall be illuminated.
(c) A permit is not required. (Ord. 1209-97. Passed 10-9-97.)
1189.19 RESPONSIBILITY FOR MAINTENANCE AND REMOVAL.
The responsibility for the maintenance and removal of signs shall be as follows:
(a) The owner of the sign shall be held responsible for the maintenance, repair and upkeep of his sign.
(b) If any sign reaches a state of disrepair and is deemed unsightly or unsafe by the Building and Zoning Inspector, and is not properly renovated, notice shall be given to the owner and repairs shall be made within sixty (60) days at the expense of the sign owner or building owner.
(c) The sign owner shall be held responsible for the removal and dismissal of all abandoned signs, including the complete stocking out of painted wall signs.
(d) Signs which are no longer functional, no longer serve the purpose for which they were intended or are abandoned shall be removed or relocated in compliance with the provision of this chapter, within sixty (60) days following such malfunction or nonfunction.
(e) If the sign owner cannot be determined, located or legally held responsible, the building owner or land owner where no building exists, shall be held responsible. (Ord. 1209-97. Passed 10-9-97.)
1189.20 GARAGE SALE SIGNS.
Notwithstanding any other provisions of the Codified Ordinances, garage sale signs may be permitted to be displayed within the City under the following regulations:
(a) As used in this section, a "garage sale sign" means any self-supporting sign, display device, placard, poster or any other contrivance designed, intended or used to advertise or to give information regarding a sale of items owned by a resident to be sold at public sale at the residence of the owner of such items.
(b) One (1) garage sale sign with a maximum of sixteen (16) square feet per face and two (2) faces, may be placed on the premises where the sale is to take place.
(c) Not more than twenty (20) additional signs may be placed at locations other than on the premises where the sale is to take place, provided that the owner/manager of such property grants permission, and provided further that such signs do not exceed two (2) faces per sign, four (4) square feet per face and do not exceed thirty (30) inches above grade. Such signs may be placed in City right-of-way, but not over pavement or traffic islands or in a location where they constitute a line-of- sight obstruction as determined by the City Engineer.
(d) All garage sale signs shall show the sale's address and dates of sale which cannot exceed three (3) consecutive days of sale.
(e) All garage sale signs may be erected the day before the sale commences and shall be removed the day after the sale is completed. (Ord. 1209-97. Passed 10-9-97.)
1189.21 SUPPLEMENTARY REGULATIONS.
The following supplementary regulations shall apply:
(a) Signs Over a Pedestrian Walkway. No sign projecting or hanging over a pedestrian walkway may at its lowest point be less than ten (10) feet above the sidewalk or ground level.
(b) Signs Over a Street, Alley or Driveway. No sign projecting or hanging over a street, alley or driveway may at its lowest point be less than fourteen (14) feet above the pavement surface.
(c) Hazardous Signs. No sign shall be established or allowed to remain which creates or contributes to a safety hazard, even though such sign may be in conformance with the specific requirement of this chapter in all other aspects.
(d) Signs on Undeveloped Property. No sign shall be permitted on any lot within the City which is not occupied by a building except the following:
(1) Real estate, construction and political advertising signs may be established on any undeveloped lot in an M-2 and M-1 Zoning District. The total message area of all permitted signs on an undeveloped lot more than one (1) acre in size shall not exceed ten (10) square feet. The total message area of all permitted signs on an undeveloped lot more than one (1) acre in size shall not exceed ten (10) square feet for each acre or fraction thereof, to a maximum of 300 square feet. Any sign or signs exceeding this above formula shall not be allowed unless approved by variance.
(e) Signs Associated with Nonconforming Uses. In the case of legal nonconforming land uses, such as a business located in a residentially zoned district, the total sign area of all signs associated with such land use shall be no greater than that which would be allowed if the business were located in the most restrictive zoning district allowing such land use. Further, no new signs associated with nonconforming land uses may be erected, except replacements which are the same or smaller in size than the sign being replaced. If a sign associated with a nonconforming land use is moved, its new location shall conform to the setback requirements of the district in which it is located, as if it were a building.
(f) Design Standards. Signs shall be designed as to be similar in character with regard to materials, color and size to conforming signs designed or located on the same building and on adjoining buildings in order to equalize the attention they are meant to attract, and to produce an overall unified effect all in accordance with the other requirements of this chapter. (Ord. 1209-97. Passed 10-9-97)
1189.22 ENFORCEMENT.
The City Manager shall cause this chapter to be enforced, through the office of the Building and Zoning Inspector of the City. Such Building and Zoning Inspector may proceed, with the approval of Council, to issue a notice to remove, alter or relocate any sign in violation of this chapter and that does not fall within the provision of Section 1189.04. The Building and Zoning Inspector may remove, or cause to be removed, with or without notice, any prohibited sign which is within the right of way of any interstate system or otherwise prohibited by this chapter, and he shall, at the direction of the City Manager, request the Law Director to commence legal proceedings for the removal of any sign which is in violation of this chapter.
(Ord. 1209-97. Passed 10-9-97.)
1189.23 VARIANCES.
Variances to this chapter shall be granted by the Board of Zoning Appeals on variance requests based only on hardship. (Ord. 1209-97. Passed 10-9-97)
1189.24 ADVERTISING VEHICLES.
In addition to any other provisions of this chapter, the following provisions apply:
(a) No person shall park any vehicle or trailer on a public right of way or public property or on private property so as to be visible from a public right of way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises.
(b) This section is not intended to prohibit the parking of any commercial vehicle with the contact information and/or logo insignia of a business activity.
(Ord. 1499-03. Passed 6-26-03.)
1189.25 BILLBOARDS AND OFF-PREMISES SIGNS.
In addition to any other provisions of this chapter, the following provisions apply:
(a) Intent. This section is intended to permit, in limited circumstances, the development and construction of large static and digital billboard displays to provide off-premises commercial and non-commercial messaging in select zoning districts. The restrictions set forth in this section has been developed to require certain size, height, lighting, and display restrictions, as well as institute security measures, to ensure that each billboard will not cause unnecessary distraction(s) to its citizens.
(b) General Billboard Provisions.
(1) Definitions. Unless otherwise specified, the terms "Billboard", "Static Billboard", "Digital Billboard", and "Off-premises sign", shall be interpreted as having the definitions set forth in Section 1115.03
.
(2) Sign Area and Height.
A. Signs which are located on roadways with five (5) lanes of traffic or more shall not exceed 600 square feet in sign area.
B. Signs which are located on roadways with four (4) lanes of traffic or less shall not exceed 300 square feet in sign area.
C. No static or digital billboard shall exceed sixty (60) feet in height to the top of the static or digital display panel.
D. No static or digital billboard shall exceed one hundred and twenty (120) square feet in additional structural area surrounding the static or digital display panel for non-commercial display to accommodate architectural features.
E. No static or digital billboard shall exceed seventy-two (72) feet in total height to accommodate architectural features.
(3) Sign Location.
A. The leading edge of a billboard shall be no closer than ten (10) feet in any direction to the Thoroughfare Plan right-of-way;
B. No Static or Digital billboard shall be located within three hundred (300) feet of a residential district.
C. Digital Billboards.
1. No Digital billboard shall be erected within two thousand five hundred (2,500) foot radius of an existing digital billboard.
2. No Digital billboard shall be located within two thousand five hundred (2,500) foot radius of an existing static billboard
D. Static Billboards. No Static billboard shall be located within two thousand five hundred (2,500) foot radius of any existing static or digital billboard.
(4) Sign Illumination.
A. Static Billboards may be illuminated. Static Billboards may not use illumination to change or otherwise alter the static display.
B. Digital Billboards must comply with the following regulations:
1. Digital Billboards may not cause glare or otherwise impair the vision of drivers operating vehicles in any direction.
2. Digital Billboards may be illuminated to maximum level of 0.3 foot-candles as measured at a vertical distance of 250 feet at sunset, or 0.24 foot-candles as measured at a vertical distance of 250 feet at sunrise. Owners/Operators of the digital billboard shall use the times of sunset and sunrise as published by the United States Naval Observatory.
3. Digital Billboards must utilize automatic dimming technology to increase or decrease the level of brightness relative to the ambient light, as needed throughout the Billboard's operation, so that at no point in time the Digital Billboard display exceeds the light measurement guidelines set forth above.
4. In the event of failure, the Digital Billboard must display either a static image (supplied and approved as part of the permit application) or deactivate all message display(s) until repairs can be effected.
The Owner(s)/Operator(s), in applying and being approved for a billboard permit, guarantee that should the Digital Billboard be compromised by a third party, the Owner(s)/Operator(s) shall maintain the ability to immediately deactivate the entire display upon notice that such has occurred.
The Owner(s)/Operator(s) of the Digital Billboard must regularly investigate and test the Billboard's security mechanisms for potential flaws in the billboard's software and/or operation. This requirement is mandated with the intention to prevent any breach or hacking by a third party, who may change the billboard's message to an alternative, potentially illicit, message that would be inappropriate for display.
5. Digital Billboards must be maintained such that no more than 2% of the total number of light sources incorporated into the design of the billboard are in a state of inoperability or failure at any one time.
(5) Sign Messages.
A. Digital Billboards may not display images that include animated, flashing, scrolling, intermittent or full-motion video elements.
B. Digital Billboards must display fixed images for no less than 8 seconds, and the transition between images must be accomplished in no more than 1 second.
C. Digital Billboards are prohibited from utilizing and incorporating communication devices that may allow drivers or passengers to interact with the display.
D. Digital Billboards are prohibited from utilizing and incorporating audio speakers of any kind.
(c) Other Provisions.
(1) Landscaping.
A. Due to the visual impact of Billboards on the local community, the City of Moraine intends to incorporate an Architectural Design review into each Billboard Application. Each application filed with the City shall incorporate into its design a landscaped area of approximately 30% of the billboard's display area.
B. The Landscaped area shall be located at the base of the proposed Billboard, and shall incorporate both vegetation and floral designs.
(2) Maintenance.
A. All Applicant(s), Owner(s), and Operator(s) of existing and potential Billboards shall be required to maintain and remove their sign(s) based on the provisions set forth in Section 1189.19.
(3) Existing Signs.
A. Any Billboard existing at the time of enactment of this section shall remain subject to the provisions set forth in Section 1189.05.
B. Any Static Billboard that is retrofitted to become a Digital Billboard, or any Digital Billboard that is retrofitted to become a Static Billboard, shall comply with the provisions of this chapter.
(d) Application Review.
(1) No permit shall be issued for a Billboard or Off-Premises sign unless the construction of such signs results in the removal of one or more existing Billboards from parcels in the A-1, R-2, R-2A, R-3, R-4, B-1, B-2, or C districts, or the removal of two or more existing Billboards from parcels in the M-1, M-2, or M-PUD districts.
(2) Billboards shall be erected only in zoning districts for which "Billboard or Off-Premises Advertising" is an authorized Special Use, and then only upon the approval of such Special Use by Council in accordance with Chapter 1117 of this Code.
(3) No Permit shall be issued for a Billboard or Off-Premises sign unless the application for said permit specifies the type of billboard to be constructed, whether digital or static.
(Ord. 1955-16. Passed 10-13-16.)
1189.99 PENALTY.
Whoever erects or maintains any sign or advertising device in violation of Chapter 1189 shall be fined not more than one hundred dollars ($100.00) for the first offense and not more than one thousand dollars ($1,000) for a second or any subsequent offense. Each day’s violation shall constitute a separate offense.
(Ord. 1499-03. Passed 6-26-03.)
1191.01 NONCONFORMANCE PRIOR TO EFFECTIVE DATE OF CODE.
Any lawful use, building or structure existing at the time of the enactment of the ordinance comprising this Zoning Code may be continued, even though such building or structure may not conform with the provisions of this Zoning Code for the district in which such building or structure is located.
(Ord. 1069-94. Passed 4-28-94.)
1191.02 NONCONFORMING USE OF LAND.
(a) No extension, substitution, relocation, enlargement or alteration shall be made on a tract, site or parcel of land where a nonconforming use is maintained, unless the extension, substitution, relocation, enlargement or alteration is in full compliance with all the provisions of this Zoning Code.
(b) The removal of earth for the purpose of enlarging or extending a nonconforming use, gravel pit or quarry; and the extension or enlargement of any nonconforming use, gravel pit, excavation or quarry; and the extension or enlargement of any nonconforming use, structure or building for the processing, treating or refining of gravel or other material deposits, when located in or within 200 feet of any R-2, R-3, R-4 or B-1 District, is hereby declared and determined to be detrimental to the health, morals, safety and general welfare of the City, and shall not be permitted.
(c) If a nonconforming use of land is discontinued for two (2) years or more, any further use thereof shall be in conformity with all the provisions of this Zoning Code.
(Ord. 1069-94. Passed 4-28-94.)
1191.03 NONCONFORMING USE OF BUILDING.
(a) Where no structural alterations are made in any building containing a nonconforming use, such use may be changed to one of a similar or higher classification, but no building in which a nonconforming use has been changed to a more restricted use shall be devoted to a less restricted use.
(b) The lawful use of a building at the time of the enactment of this Zoning Code, although the use of such building does not conform to the provisions of this Zoning Code, may be extended throughout the building provided no structural alterations are made except those required by law and provided it is permitted by the Board of Zoning Appeals.
(c) No non-conforming use may be re-established in any building where such nonconforming use has been discontinued for a period of two (2) years.
(Ord. 1069-94. Passed 4-28-94; Ord. 1587-05. Passed 7-14-05.)
1193.01 OFF-STREET PARKING.
The Board of Zoning Appeals may authorize the establishment and operation of off-street parking areas in any A, R or C district that adjoins a B or M district subject to the following conditions and limitations:
(a) It shall provide parking space for twenty-five (25) or more self-propelled vehicles.
(b) Such parking shall be accessory to and for use of one (1) or more business or industrial establishments located in the adjoining B or M district.
(c) It shall be located on premises having an area of not less than 10,000 square feet, which shall abut at least fifty (50) feet on a B or M district.
(d) No charge shall be made for parking or storage of vehicles.
(e) Entrances and exits shall be located within the adjoining business or industrial districts.
(f) The application shall be accompanied by the names and addresses of all property owners within 200 feet of the premises in question so they may be given the opportunity to be heard in connection with the consideration of such application.
(g) In addition to the above, the Board may prescribe further requirements or conditions deemed necessary or desirable in respect to surfacing, marking, lighting, walling, fencing or planting for protection of the adjacent property.
(h) A zoning certificate issued for such accessory parking areas under the above provisions shall be revocable, subject to continued compliance with the requirements and conditions. (Ord. 1069-94. Passed 4-28-94.)
1193.02 ISSUANCE OF ZONING CERTIFICATE FOR NONCONFORMING USES.
The Board of Zoning Appeals may authorize issuance of a zoning certificate after public hearing for the following:
(a) The substitution for a nonconforming use of another nonconforming use, if no structural alterations, except those required by law or regulation are made; provided, however, that in any R district, no change shall be permitted to any use prohibited in a B district, and in any B district no change shall be permitted to any use prohibited in an M district.
(b) The completion of a building devoted to a nonconforming use upon a lot occupied by such building, or on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date such building became nonconforming, and where such extension is necessary and incidental for the existing use of such building.
(c) The extension of a nonconforming use throughout those parts of a building which were manifestly designed or arranged for such use prior to the effective date of this Zoning Code if no structural alterations, except those required by law, are made therein.
(Ord. 1069-94. Passed 4-28-94.)
CODIFIED ORDINANCES OF MORAINE