(a)

Public uses necessary for conducting the business of the city, county, state, and/or federal governments, including schools, parks, public buildings and utilities shall be permitted by right in any district.

(b)

Issuance of a building permit in accordance with the terms of this chapter shall authorize temporary construction activities, equipment, structures, and uses in all districts.

(Ord. of 2-16-2010, § 500)

(a)

General purposes. For every use, activity, or structure permitted by this chapter, and for all buildings or structures erected in accordance with this chapter, there shall be provided sufficient space for access and off-street standing, parking, circulation, unloading, and loading motor vehicles that may be expected to transport its occupants, whether as patrons, residents, customer, employees, guests, or otherwise to an establishment, activity, or place of residence at any time under normal conditions for any purpose.

(b)

Site plan required. Every building permit application for a new, enlarged, or remodeled building, structure, or use shall include a parking site and landscape plan, with the exception of single-family and two-family residences. In addition, such parking site and landscape plan requirements shall also apply to new uses. Application for approval of such a plan shall include for review and approval by the administrative official, or his designee, any and all existing parking facilities currently serving said buildings, structures, and uses for conformity with these regulations.

(1)

Single-family and two-family requirements. Off-street parking facilities for single- and two-family dwellings shall be located on the same lot or plot of ground as the building served.

(2)

Parking plan requirements. The proposed parking plan shall specifically include the following information for review and approval:

a.

Delineation of individual parking and loading spaces by intended striping, parking space dimensions, and parking spaces identified by number.

b.

Circulation area necessary to serve the parking area, delineation of anticipated obstacles to parking and circulation in the finished parking area.

c.

Access to streets and property to be served.

d.

Driveway and traffic aisle widths, location of all curbs and curbing materials.

e.

Grading, drainage, surfacing and sub-grade details.

f.

Dimensions, continuity, and substance of required landscaping and screening, landscaping and screening details.

g.

Exterior lighting locations, height, and type of fixture.

h.

Critical dimensions indicating setback and parking lot layout design.

i.

All sidewalks and pedestrian ways.

(3)

Design requirements for parking areas.

a.

Surface material. All areas used for access, maneuvering, standing, parking, storage, and display of motor vehicles, trucks, trailers, recreational vehicles, heavy equipment, and mobile homes shall have a Portland cement or asphaltic concrete surface, maintained adequately for all-weather use, and so drained as to avoid the flow of water across sidewalks.

b.

Minimum parking dimensions. Open parking areas for all nonresidential uses and for all multiple-family dwellings containing three or more dwelling units shall be delineated by pavement striping and shall meet the minimum dimensions described below:

1.

If 90 degree parking, the minimum parking dimensions shall be as follows:

(i)

Stall depth: 20 feet;

(ii)

Stall width: Nine feet;

(iii)

Aisle width: 25 feet.

2.

If 60 degree parking, the minimum parking dimensions shall be as follows:

(i)

Stall depth: 20 feet;

(ii)

Stall width: Nine feet;

(iii)

Aisle width: 18 feet, six inches.

3.

If 45 degree parking, the minimum parking dimensions shall be as follows:

(i)

Stall depth: 20 feet, six inches;

(ii)

Stall width: Nine feet;

(iii)

Aisle width: 13 feet, six inches.

4.

If 30 degree parking, the minimum parking dimensions shall be as follows:

(i)

Stall depth: 20 feet;

(ii)

Stall width: Nine feet;

(iii)

Aisle width: 13 feet.

5.

If parallel parking, the minimum parking dimensions shall be as follows:

(i)

Stall depth: Eight feet;

(ii)

Curb length: 23 feet;

(iii)

Aisle width: 12 feet; or

(iv)

If adjacent to angle parking, use the largest width (one-way traffic only).

c.

Required parking spaces. All required parking spaces shall be provided on-site. Public parking spaces that may be available along the public street or in public parking areas shall not be counted as required parking spaces or considered to fulfill the requirements of this chapter as it pertains to the provision of off-street parking, with the following exception: shared parking developments that contain a mix of uses on the same parcel may reduce the amount of required parking in accordance with the following:

1.

Determine the minimum parking requirements in for each land use as if it were a separate use;

2.

Multiply each amount by the corresponding percentages for each of the five time periods set forth in the following table;

3.

Calculate the total for each time period; and

_____

4.

Select the total with the highest value as the required minimum number of parking spaces.

d.

Certain parking spaces prohibited. The design of parking areas that incorporate parking spaces that back directly into the adjacent street is strictly prohibited.

e.

Access to parking areas. All off-street parking areas shall have a definable entrance and exit, defined by appropriate curbing materials. Unrestricted access to a parking area along the entire street frontage of a property is expressly prohibited.

(4)

Curb cuts. Curb cuts providing access to the subject property shall meet the following requirements:

a.

Curb cuts shall be located no closer than 75 feet from the intersection of two streets, as measured at the curbline from the end of the curb radius of the intersection. In these instances where the width of subject site is less than 75 feet, the curb cut shall be placed adjacent to the interior side lot line the furthest distance from the street intersection.

b.

Curb cuts, other than those shared between two properties shall be located a minimum of ten feet from any property line.

c.

Curb cuts shall be located directly across from one another on the opposite side of a public or private street, or offset by a minimum of 150 feet.

d.

Properties shall have a clearly defined entrance and exit. Unlimited access along the entire frontage of a property is prohibited. Parking spaces that back directly into the adjacent street are prohibited.

e.

Curb cuts shall meet the following widths:

1.

Residential: 12 feet wide at the right-of-way line, 16 feet wide at the curbline.

2.

Commercial:

(i)

One-way: 14 feet wide at the right-of-way line, 28 feet wide at the curbline.

(ii)

Two-way: 24 feet wide at the right-of-way line, 44 feet wide at the curbline.

(iii)

Three-way: 36 feet wide at the right-of-way line, 56 feet wide at the curbline.

3.

Industrial: The width of curb cuts for industrial and warehouse uses, as well as the dimension of the curb radius or curb return shall be sized based upon the accepted standard utilizing truck-turning templates.

(5)

Number of entrances and exits. There shall be not more than one entrance only and one exit only or one combined entrance and exit from every parking area along any street. On corner lots, in the event the property is located at the intersection of a major and minor road, access shall be limited to the major road. In the instance of an intersection of two equivalent roads, the access to the parking area may be from one or the other road. Additional access points may be approved by the board of adjustment, if deemed necessary by the board of adjustment for the alleviation of traffic congestion and/or the relief of interference of traffic movement along the related street, upon submission of a site plan.

(6)

Drainage. All off-street parking areas shall be drained so as to prevent drainage to abutting properties. The manner of site drainage proposed shall be subject to review and approval of the city engineer.

(7)

Exterior lighting. The following standards are required for all exterior lighting:

a.

Private streets, driveways, parking lots, walk, and service areas shall be kept properly and adequately lighted at all times so that the area will be safe for occupants and visitors. All entrances and exits to both the subject property and proposed structures shall be lighted.

b.

Lighting fixtures, whether mounted upon a building, or independently upon a pole, light standard, or other structure, shall not exceed 16 feet in height.

c.

All luminaries (the complete lighting unit, consisting of the lighting source and all necessary mechanical, electrical, and decorative parts) shall be in a "cut-off type" of luminary (a luminary with elements such as shields, reflectors, or refractor panels which direct and cut-off the emitted light at a specific cut-off angle). All luminaries shall have a cut-off angle of 90 degrees or less.

d.

The lighting from any luminary shall be so shaded, shielded, or directed to prevent direct light from being cast upon any adjacent residential property, and to prevent glare or other objectionable problems to surrounding areas.

e.

Neither the direct or reflected light from any luminary shall fall upon an adjacent public street.

f.

No exterior light shall have any blinking, flashing, or fluttering light or other illuminating device, which has a changing light intensity or brightness of color.

g.

All exterior lighting fixtures shall be either high pressure sodium or metal halide fixtures.

h.

Lighting fixtures shall be compatible in style with the architecture of their associated buildings.

(8)

Fire lanes. Every nonresidential use shall provide access for fire vehicles and emergency apparatus from a public street as follows:

a.

A fire lane shall be provided to any structure which is more than 150 feet from the nearest street right-of-way, when the structure is 35 feet or less in height. When the structure exceeds 35 feet in height, a fire lane shall be provided if the structure is 50 feet or more from the nearest street right-of-way. In addition to these situations the fire chief for the city may require a fire lane to any part of any building where the distance of the structure from the nearest fire hydrant, the configuration of structures on a site, or other special characteristics of the site inhibit rapid, effective fire extinguishment.

b.

The fire lane shall provide clear, unobstructed access for vehicles and apparatus at all times.

c.

Signs shall be erected prohibiting the parking or standing of motor vehicles within the fire lane.

d.

Fire lanes shall be a minimum of 18 feet in width.

e.

The fire lane shall be constructed of a hard surface of either Portland cement or asphaltic concrete.

(9)

Rear access to buildings. Vehicular access shall be provided along the entire rear of all nonresidential buildings for emergency access purposes.

(10)

Curbing and wheel stops. All parking area and loading areas shall be provided with permanent Portland cement curb. In addition, all landscaped areas that can be encroached upon by a motor vehicle shall be protected by a Portland cement wheel stop, appropriately anchored to the pavement, and set a minimum of two feet from the curb to restrict such encroachment.

(11)

Street signs and traffic control devices. When, as a result of the proposed project, street signs, traffic signals, or traffic regulatory signs are required, the applicant shall be responsible for the installation of all such devices.

(12)

Pedestrian circulation.

a.

Where the subject property does not already provide a public sidewalk, a five feet wide sidewalk shall be constructed along the entire street frontage of the property. The sidewalk shall be constructed to align with existing sidewalks on adjacent properties. Where sidewalks are not yet present on adjacent properties, the sidewalk shall be constructed at least two feet back from the curb to allow for green space. In the instance of a corner lot, the sidewalk will be constructed along both street frontages and handicapped access ramps will be constructed at the street corner.

b.

Where a property or development borders more than one street, sidewalks will be constructed along the entire frontage of all streets which the property or development borders.

c.

Sidewalks shall be a minimum of five feet in width, except along arterial streets, which may require additional width as determined by the city engineer. Sidewalks shall be set back a minimum of five feet from the back of the curb.

d.

Sidewalk materials should blend with the natural landscape, avoiding slick concrete. Examples of acceptable finishes are broom finished, colored, or exposed aggregate concrete. Asphalt and cinder sidewalks are prohibited.

(13)

Landscaping and screening. All parking and loading areas shall be properly screened and landscaped as set forth below. It is the purpose and intent of this section to require adequate protection for contiguous property against the undesirable effects resulting from the creation and operation of parking or loading areas and to protect and preserve the appearance and character of the surrounding areas through the screening effects of such landscaping.

a.

Landscaping standards. All landscaping shall be installed according in conformance with ANSI Z60.1, the "American Standard for Nursery Stock," and the accepted standards of the American Association of Nurserymen. Soil free of lime rock, pebbles, or other construction debris shall be provided.

b.

Perimeter landscaping. One large, deciduous shade tree for every 35 lineal feet of street frontage, or portion thereof, shall be planted upon the subject property within the area five feet behind the street right-of-way line up to said street right-of-way line. Said trees may be clustered or arranged within the setback, and need not be placed at a uniform 35 feet interval. To provide a more immediate effect and to off-set the larger scale of the structures, street trees shall be three to 3½ inch caliper in size as measured three feet above the ground.

c.

Interior landscaping.

1.

There shall be a minimum of 20 square feet of interior landscaped area provided within the parking area for each parking space. The landscaping shall be one or more areas so as to minimize and reduce the apparent size of the parking area.

2.

Parking areas shall be organized as a series of small parking bays with a landscape island separating them. A landscape island shall be placed for every 100 lineal feet of parking, as follows:

d.

Single loaded parking rows. A raised island, not less than six inches in height, five feet wide by 20 feet in length shall be located at both ends of every single loaded parking row, and at a point of every 90 lineal feet along the parking row (every ten parking spaces). Each island shall contain a minimum of one medium deciduous shade tree, two to 2½ inches in caliper, as measured three feet above the ground, and low shrubs at least 18 inches high.

e.

Double loaded parking rows. A raised island, not less than six inches in height, five feet wide by 40 feet in length shall be located at both ends of every double loaded parking row, and at a point every 90 lineal feet along the parking row (every ten parking spaces). The island shall contain a minimum of two medium deciduous shade trees, two to 2½ inches in caliper, as measured three feet above ground, and low shrubs.

f.

Compliance with landscaping requirements. Trees planted for the purpose of complying with the perimeter landscaping requirements shall not be double counted for compliance with the interior landscaping requirements.

g.

Ground cover. Areas adjacent to streets and pedestrian walkways as well as interior landscape areas shall be treated with grass and/or other types of vegetative ground cover. Such areas shall be sod or established lawn prior to building occupancy.

h.

Irrigation. In order to present a healthy, neat and orderly appearance, landscaped areas shall be provided with adequate irrigation for the maintenance of grass, shrubs, and trees by utilizing a sprinkler system or hose bibs.

i.

Maintenance of existing trees.

1.

Retaining of trees. Whenever possible, healthy existing trees should be retained, as they are an amenity that increases the value of property and require many years to replace. The parking site and landscape plan must identify all existing trees eight inches in caliper, as measured three feet above the ground, or larger, as well as which trees shall be retained and which trees shall be removed. The applicant must submit a justification for any such trees proposed for removal.

2.

Existing tree credit. Every existing tree, a minimum of eight inches in caliper or larger, which is maintained as a part of the proposed development may be used as a credit on a one to one basis against the tree requirement of either the perimeter or interior landscape standards, dependent upon the location of the existing tree to be maintained upon the subject property. The maintenance of existing trees shall only be considered as a credit against the perimeter street tree requirement if the existing tree to be maintained lie within the subject site, but also within a reasonable proximity to the street right-of-way line.

3.

Undevelopable areas. Areas of natural vegetation shall be preserved along property lines, including fence rows and drainageways, and shall be incorporated into the site's overall landscape concept. The parking site plan shall identify "no-grade" zones for this purpose.

j.

Plant standards. Large deciduous trees shall be three to 3½ inches in caliper, as measured three feet above the ground, at planting. Medium and small deciduous trees shall be two to 2½ inches in caliper at planting. Coniferous evergreen trees shall be a minimum of six feet in height at planting.

k.

Maintenance. The trees, shrubs, and other landscaping materials depicted upon the parking site and landscape plan shall be considered as binding elements of the project in the same manner as parking, building, materials, and other details. The applicant, his successors, assigns, and/or subsequent owners and their agents shall be responsible for the continued maintenance of all landscaping materials. All landscaping shall be permanently maintained in good condition with at least the same quality and quantity of landscaping as originally approved. Plant material which exhibits evidence of insects, disease, and/or damage shall be appropriately treated. Dead plants shall be removed and replaced within 30 days following notification by the city.

l.

Screening and buffering.

1.

Transitional buffer yards. Transitional screening is required where commercial, industrial, or multifamily uses adjoin single-family residential areas or uses, and with planned unit developments with similar use relationships. Transitional bufferyards shall be provided in accordance with the requirements of the design guidelines ordinance.

2.

Nuisance screening. To reinforce the natural environment and a consistent streetscape, service and utility functions shall be screened from public view in accordance with the requirements of design guidelines ordinance.

(c)

Administrative requirements.

(1)

Determination of required number of parking spaces.

a.

Floor area. For the purposes of this chapter, when the term "floor area" is used as a measurement for determining the number of required parking spaces, it means the gross floor area of the building, structure, or use, including mechanical rooms, bathrooms, storage rooms, areas occupied by fixtures and equipment, show windows, dressing and fitting rooms, alteration rooms, and any outdoor areas intended for the active use of the public as patrons, such as open air seating for restaurants.

b.

Parking for multiple use buildings. The number of required parking spaces for land or buildings used for two or more purposes shall be the sum of the requirements for the individual uses, computed in accordance with this chapter. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use.

c.

Employees. When using the number of employees to determine the number of required parking spaces for a new business enterprise or an existing, but expanding business enterprise, the number of required parking spaces shall be based upon the total number of employees on the largest shift.

d.

Seats. Where seating is used as a measurement in determining the number of required parking spaces, one seat is the equivalent of two feet of bench length.

e.

One- and two-family residential uses. In counting the number of required parking spaces provided for one- and two-family residences, it may include the area dedicated for parking purposes within enclosed garages and open carports, as well as open driveway areas within the subject property. Open driveway areas off the property with the public street right-of-way shall not be counted.

(2)

Use of required parking spaces.

a.

Required off-street parking facilities provided for all nonresidential uses hereinafter listed shall be solely for the parking of motor vehicles, in operating condition, of patrons, occupants, or employees of such uses, and shall not be used for the storage of other vehicles such as boats, recreational vehicles, campers, mobile homes, materials, equipment, or for the parking of delivery trucks or tractor trailers used in conducting the business or use.

b.

In no case shall any parking spaces devoted to the principal use of the lot be leased, rented, or sold for the purpose of use by any other person, firm, company, corporation, or used other than those located upon the property, except where shared parking has been approved in accordance with subsection (b)(3)c of this section.

c.

No parking area or required parking space which exists at the time that the ordinance from which this chapter is derived becomes effective or which subsequent thereto is provided for the purpose of complying with the requirements of this chapter shall thereafter be relinquished or reduced in any manner below the requirements established by this chapter.

d.

In no case shall any business or commercial vehicle with signs painted upon its sides be parked in any required or excess parking space located adjacent to a street right-of-way.

e.

Expansion or change in use. No off-street parking space required under this chapter shall be used for any other purpose. Where an expansion or change in use of an existing building or use creates greater parking requirements than the amount currently provided neither a building permit, in the case of an expansion, or a use and occupancy permit, in the case of change in use, shall be issued until provision is made for the increased amount of required off-street parking. In the instance of a nonconforming parking area where an expansion or change in use creates greater parking requirements than the amount currently provided, the provision of this chapter shall only apply to the extent of such increase resulting from the expansion or change in use.

(3)

Maintenance of parking facilities.

a.

Any persons operating or owning a parking area required under the provisions of this chapter, shall keep it free of dust, loose particles, trash, debris, and broken glass. Such persons shall also keep all adjacent sidewalks free from dirt and trash and shall keep the sidewalks in a safe condition for use by pedestrians.

b.

All signs, markers, or other methods used to indicate the direction of traffic movement and the location of parking spaces shall be maintained in a neat and legible condition.

c.

Likewise, any walls and landscaping, as well as surfacing and curbing of the parking area shall be maintained in good condition throughout its use for parking purposes.

d.

The administrative official, or his designee, shall have the authority to prohibit the use of the area for parking purposes, unless and until proper maintenance, repair, or rehabilitation has been completed.

(4)

Parking within residential districts.

a.

Yard areas. No automobile, truck, trailer, tractor trailer, camper, recreational vehicle, or any other motor vehicle shall be parked in any yard area, except upon a paved driveway or parking area, and except as may be otherwise regulated by this chapter.

b.

Junk vehicles. Junk vehicles, recreation equipment, and trailers of any kind or type without a current license and/or current state inspection sticker shall not be parked or stored on any residentially zoned property other than in a completely enclosed building.

c.

Recreational equipment. For the purposes of this chapter, recreational equipment shall include boats and boat trailers, travel trailers, recreational vehicles, campers, pickup campers, coaches, and motorized homes.

d.

Recreational equipment on streets, etc. No recreational equipment shall be parked on any street, alley, road, highway or other public place with the exception of emergency or temporary stopping or parking. Stopping or parking of the latter nature is permitted on any alley, street, or highway for not longer than 12 hours, subject to any prohibitions, regulations, or ordinances relating to that alley, street, or highway.

e.

Recreational equipment in front yard. No recreational equipment shall be parked within the front yard of any residential property, except upon a paved driveway, and subject to the following conditions:

1.

The owner of the recreational equipment shall not park or store such equipment in such a manner as to create a dangerous or unsafe condition on the property where parked or stored.

2.

Such recreational equipment may not be parked within a front yard driveway area if the equipment is of such size that it would overlap the public sidewalk.

3.

The recreational equipment shall have a current license and state inspection sticker.

4.

At no time shall parked or stored recreational equipment be occupied or used for living, sleeping, or housekeeping purposes, with the following exception: in the event of a natural disaster (ex. fire, hurricane, etc.) the administrative official may issue a temporary permit for residential occupancy of a recreational vehicle for a period of time not to exceed 90 days without renewal. Renewal for a second 90 day period may be given if a building permit has been issued for repairs or rebuilding and substantial progress has been made.

f.

Trucks and trailers.

1.

No truck rated more than three-quarter ton, trailer (low boy, flat bed or otherwise), tractor trailer, or other machines or heavy equipment of any kind shall be parked upon any residential property in the yard, driveway, or adjacent street, other than for service and delivery purposes.

2.

Delivery shall mean the active loading or unloading of the vehicle or part of the same, and shall not exceed four hours.

3.

Service shall mean the retention of an individual or firm to provide a business service to the property owner and which takes place upon the residential property. Vehicles associated with the provision of such service shall not be parked on the subject property overnight.

4.

Overnight parking shall mean any parking between the hours of 8:00 p.m. and 6:00 a.m.

5.

The following vehicles are exempted from the above regulation:

(i)

School or church buses, used for the transportation of students or personnel in conjunction with religious or public school activities, may be parked upon the church or school property.

(ii)

Trucks or vans not rated in excess of one ton, used as a passenger vehicle, and not used for any commercial purpose.

(iii)

Trucks, vans, trailers, or other motor vehicles, rated more than one ton may be parked in a residential district, provided that such vehicle is parked within a completely enclosed, lawfully located, residential-type accessory garage.

(iv)

Emergency vehicles may be exempted upon written application and approval by the administrative official.

6.

Tractor-trailers. The driver of any tractor-trailer is hereby prohibited from allowing any motor or motors which are part of the tractor, or its attached trailer, from running while parked within a residential area, regardless of location.

7.

Location of parking area. All required off-street parking spaces shall be provided on the same parcel of land occupied by the use of building to which is appurtenant; provided that where, in the judgment of the board of adjustment, practical difficulties exist in satisfying the requirements for parking and/or where public safety or convenience would be better served, the board of adjustment may authorize an off-site, accessory parking lot as a conditional use in any commercial or light industrial district, subject to the following conditions:

(i)

No more than 50 percent of the total number of required parking spaces for the subject use may be located off-site.

(ii)

The accessory parking lot is located no further than 200 feet from the principal use it is to serve, and is connected to the location of the principal use by a pedestrian sidewalk.

8.

Schedule of required parking spaces. No building permit or use and occupancy permit shall be issued for any building, structure, or use, or for any expansion or addition thereof, unless parking spaces in compliance with the requirements of this section are provided.

(i)

Residential and lodging uses.

A.

Dwellings (single-family, two-family, multiple family, manufactured home, townhouse, duplex, apartment, condominium): Two spaces per dwelling unit.

B.

Hotel or motel: One space per each guest bedroom, plus 50 percent of the standard requirement for accessory uses, such as restaurants or retail when computed as a principal use.

C.

Roominghouse or boardinghouse, bed and breakfast: One space per guest bedroom, but no fewer than two spaces.

D.

Group homes: One space per for every two beds, plus one space for every 100 square feet of floor area.

(ii)

Commercial uses.

A.

Retail uses, unless otherwise listed: One space for every 200 square feet of floor area, except as may be otherwise specifically noted herein.

B.

Personal services uses, unless otherwise listed: One space for every 200 square feet of floor area.

C.

General offices, unless otherwise listed: One space for every 300 square feet of floor area.

D.

Repair services, unless otherwise listed: One space for every 200 square feet of floor area.

E.

Janitorial or window cleaning service, lawn and garden service: One space for every two employees on the maximum shift, plus one space for every vehicle customarily used in the operation of the use or stored on the premises.

F.

Financial institutions, unless otherwise listed: One space for every 200 square feet of floor area, plus one space for every automatic teller unit not capable of being operated directly from a motor vehicle. Where the use involves drive-up banking, five stacking spaces shall be provided for each drive-up window, automatic teller unit, or delivery station.

G.

Pawn shop: One space for every 300 square feet of floor area.

H.

Automobile, truck, recreational vehicles, boats, manufactured or mobile home, farm implement sales, rental, and/or service facility, equipment rental and leasing: One space per 3,000 square feet of outdoor sales lot area devoted to the sale, display, and/or rental of said vehicles or one space for every 200 square feet of indoor floor area, whichever is larger; plus three spaces for every bay in garage repair areas, as well as one space for every two employees on the maximum shift.

I.

Automobile service station: One space for every fuel dispensing pump, plus three stacking spaces per fuel dispensing pump, plus three spaces for each service bay or similar facility, plus one space for each vehicle used directly in conduct of the business or stored on the premises, as well as one space for every two employees on the maximum shift.

J.

Vehicle quick repair facility: Three spaces for each service bay or similar facility, plus three stacking spaces for each service bay, plus one space for each vehicle used directly in conduct of the business or stored on the premises, plus one space for every two employees on the maximum shift.

K.

Car wash, mechanical: Ten customer spaces, plus stacking area five times the capacity of the car wash.

L.

Car wash, self-service: Five stacking spaces for each car washing stall, plus two drying spaces for each car washing stall.

M.

Clubs, lodges: spaces equivalent to the combined requirement of the uses conducted, such as hotel, restaurant, auditorium, etc.

N.

Convenience storage facility, mini-warehouse: One space for every 50 storage units.

O.

Food markets less than 5,000 square feet in floor area: One space for every 500 square feet in floor area. Where the use involves a drive-in window, five stacking spaces shall be provided for each window or delivery station. Where the use involves gasoline pumps, one space shall be provided for every fuel dispensing pump, plus three stacking spaces per fuel dispensing pump.

P.

Food markets over 5,000 square feet in floor area: One space for every one hundred and fifty (1,560) square feet of floor area. Where the use involves gasoline pumps, one space shall be provided for every fuel dispensing pump, plus three stacking spaces per fuel dispensing pump.

Q.

Funeral homes, mortuaries: One space for every four seats in the auditorium or chapel, with a minimum of ten total spaces provided.

R.

Construction services: One space for every 250 square feet of floor area, plus two spaces for every three employees on the maximum shift, plus one space for every vehicle customarily used in operation of the use stored upon the property.

S.

Restaurant without drive-thru or carry-out facilities: One space for every 100 square feet of floor area.

T.

Restaurant with drive-thru or carry-out facilities: One space for every 100 square feet of floor area, plus five stacking spaces for each drive-in window or delivery station.

U.

Lounge, bar, tavern, saloon, nightclub, dance hall: One space for every 100 square feet of floor area.

V.

Vehicle storage lots, commercial parking lots, parking garage: One space for every vehicle customarily used, stored, or intended to be used or stored upon the premises, plus two spaces for every three employees on the maximum shift.

W.

Veterinary clinics, animal hospitals: Four spaces for every doctor, plus one space for every additional employee.

X.

Kennel: One space for every 200 square feet of floor area.

Y.

Medical or dental office or clinic: One space per every 150 square feet of floor area.

Z.

Quick print shop: One space for every 300 square feet of floor area.

AA.

Plant nursery, greenhouse: Five spaces for every 1,000 square feet of floor area, plus one space for every vehicle customarily used in the operation of the use or stored on the premises.

BB.

Building materials, lumberyards: One space for every 300 square feet of floor area, plus one space for every vehicle customarily used in the operation of the use or stored on the premises.

CC.

Shopping center, 25,000 square feet of floor area or larger.

DD.

25,000 square feet to 400,000 square feet of floor area: four spaces per 1,000 square feet of floor area.

EE.

400,000 square feet to 600,000 square feet of floor area: 4½ spaces per 1,000 square feet of floor area.

FF.

Over 600,000 square feet of floor area: five spaces per 1,000 square feet of floor area.

(iii)

Industrial and transportation uses.

A.

Manufacturing plants: One space for each 1⅓ employees on the maximum shift.

B.

Warehouse: One space for every 1,000 square feet of floor area within the warehouse plus one space for every 250 square feet of floor area in office or show room use.

C.

Printing and publishing: One space for every two employees, plus one space for every vehicle customarily used in the operation of the use or stored on the premises.

D.

Storage of raw materials: Two spaces for every three employees on the maximum shift, plus one space for every vehicle customarily used in the operation of the use or stored on the premises.

E.

Bulk fuel, fuel oil, bottled gas, liquefied petroleum sales: One space for every 300 square feet of floor area, plus two spaces for every three employees on the maximum shift, plus one space for every vehicle customarily used in the operation.

F.

Junk yards, reclamation plants, recycling centers, salvage yards, and wrecking yards, vehicle wrecker service: One space for each 1⅓ employees on the maximum shift, plus one space for every vehicle customarily used in the operation of the use or stored on the premises.

G.

Commercial laundry, dry cleaning plant: Two spaces for every three employees, plus one space for every vehicle customarily used in the operation of the use or stored on the premises.

H.

Airport, heliport and landing strip, terminal (bus or railroad): One space for every 200 square feet of lobby area, plus two spaces for every three employees on the maximum shift, plus one space for every vehicle customarily used in the operation of the use or stored on the premises.

I.

Commercial communications tower: One space per employee, with a minimum of two spaces.

J.

Radio and television broadcasting studio: Two spaces for every three employees, plus one space for every vehicle customarily used in the operation of the use or stored on the premises.

K.

Taxi cab office dispatch: One space for every 300 square feet of floor area, plus one space for very vehicle customarily used in the operation of the use or stored on the premises.

(iv)

Cultural and recreational uses.

A.

Amusement parks: One square foot of parking for each one square foot of public activity area.

B.

Athletic field: 30 spaces for every diamond or athletic field, or one space for every four seats, whichever is greater.

C.

Auditoriums, theaters, meeting rooms, planetarium, exhibition or exposition hall, and other places of public assembly (except as otherwise specifically noted herein): One space for every four seats or one space for every 50 square feet of gross floor area when there is no fixed seating.

D.

Banquet or reception hall: One space for every 100 square feet of floor area.

E.

Billiard hall: One space for every 100 square feet of floor area.

F.

Bowling alleys: Five spaces per alley.

G.

Campgrounds: One space for every two beds, but not less than one space for every camp site, cabin or other habitable facility.

H.

Community center and private, not-for-profit recreation centers, including gymnasiums and indoor swimming pools: Four spaces for every 1,000 square feet of floor area.

I.

Country club: The standard combined parking requirements for all accessory uses, such as restaurants, banquet hall, or retail when computed as principal uses.

J.

Fairgrounds: Sufficient open land convertible to parking such that no vehicle need be parked on any public street.

K.

Golf course: Four spaces for each tee, plus the standard parking requirements for any accessory uses such as restaurants or retail when computed as a principal use.

L.

Miniature golf course: Two spaces per hole, plus one space for every two employees on the maximum shift.

M.

Golf driving range: Two spaces for every tee.

N.

Skating rinks or skate parks: One space for every 100 square feet of skating area or playing surface.

O.

Parks, playgrounds, picnic grounds: Space equivalent to one percent of the total land area.

P.

Recreation centers: One space for every 200 square feet of floor area.

Q.

Stadiums, sports arenas, and gymnasiums with spectator facilities: One space for every four seats.

R.

Swimming pools, water slides: Two spaces for every 100 square feet of water area.

S.

Tennis courts: Four spaces for every court.

(v)

Public, semi-public and institutional uses.

A.

Church: One space for every four seats, plus one space for any vehicle customarily used in the operation of the use or stored on the premises, plus the standard parking requirements for any accessory uses such as schools or day care computed as a principal use.

B.

Day care center, nursery school: Two spaces, plus one space for employee, plus a paved, unobstructed, off-street pick-up area with five stacking spaces in addition to the standard driveway and parking requirements.

C.

Fire station: One parking space for every employee on the maximum shift.

D.

Hospital: Two spaces for every three beds, plus one space for every two employees on the maximum shift.

E.

Library, reading room, art gallery, museum: Five spaces for every 1,000 square feet of floor area, plus one space for every four seats in an accessory auditorium and two spaces for every three employees on the maximum shift.

F.

Nursing home: One space for every five beds, plus one space for every self-care unit, plus one space for every two employees on the maximum shift.

G.

Police station: One space for every one employee on the maximum shift, plus one space for every vehicle customarily used in the operation of the use or stored upon the premises, plus one visitor space for every 1,000 square feet of floor area.

H.

Postal stations: Four spaces for every customer service station, plus two spaces for every three employees on the maximum shift, plus one space for every vehicle customarily used in the operation of the use or stored upon the premises.

I.

Schools, public and private, all grades, special and vocational: One space for every classroom and office, plus one space for every three students over 16 years of age, plus one space per bus or other vehicle customarily used in the operation of the use or stored upon the premises.

J.

Cemeteries: Space equivalent to one percent of the total land area, plus two space for every three employees on the maximum shift, plus one space for every vehicle customarily used in the operation of the use or stored upon the premises, plus one space for every four seats in an accessory auditorium or chapel.

K.

Utility substation, telephone switching center: One space per employee, minimum of two spaces.

(vi)

Interpretations. For any use which is not specifically identified in the schedule of off-street parking requirements, the administrative official shall determine the number of parking spaces required, taking into account the similarity of the use to those specifically identified above and the type and amount of parking likely to be required to serve the needs of the expected employees, customers, clients, patrons, or other visitors. Any person aggrieved by a decision of the administrative official may appeal for relief to the board of adjustment in accordance with the requirements of article VIII of this chapter as it relates to appeals.

9.

Off-street loading space requirements. Adequate space shall be provided to accommodate the loading and unloading of trucks, tractors, and trailers servicing any commercial, industrial, or institutional use. The standards required for the provision of such spaces are described herein. Loading berth space which is utilized for the location of trash collection or compaction shall be provided for separately, and in addition to, the loading space requirements herein.

(i)

Area. A required off-street loading berth or space shall be at least 12 feet in width and at least 35 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 14 feet.

(ii)

Surfacing. All off-street loading shall be improved with an all-weather surface of Portland cement or asphaltic concrete, and suitably designed for the intended use.

(iii)

Schedule of off-street loading spaces. The schedule of off-street loading spaces is as follows:

A.

Office, personal service and community service uses: One loading space shall be provided for each individual use or multiple use building 6,000 square feet of floor space or larger in size.

B.

Residential or housing uses: Any building or multifamily project containing more than 50 dwelling units shall provide one loading space for each 200 dwelling units or fraction thereof. No loading space is required for any building or project containing less than 50 dwelling units.

C.

Industrial or commercial uses: Every building or use of land consisting of over 3,000 square feet of floor area for a building or total area for uses of land adaptable for commercial retail use, warehouse, wholesale, or manufacturing use shall be provided with loading space as follows:

a.

3,000 square feet to 15,000 square feet: One space.

b.

15,000 square feet to 50,000 square feet: Two spaces.

c.

50,000 square feet to 100,000 square feet: Three spaces.

d.

Each additional 100,000 square feet or fraction thereof: One additional space.

(Ord. of 2-16-2010, § 501)

The special exceptions for which conformance to additional standards are required shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All uses permitted in a district by special exception are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.

(1)

Required plan. A plan for the proposed development of a site with a use permitted by special exception, other than a home occupation, shall be submitted with an application for a use permit, and such plan shall show the location of all buildings, structures, parking and loading areas, traffic access and circulation drives, open spaces, landscaping, screening, exterior lighting, refuse and service areas, the location and capacity of existing public utilities and other pertinent information that may be necessary to determine if the proposed special exception meets the requirements of this chapter.

(2)

Expiration. A use permit for a special exception shall be deemed to authorize only one particular use and shall expire if the use shall cease for more than 90 days for any reason.

(3)

Standards applicable to all special exceptions. The following standards and regulations are applicable to all special exceptions:

a.

The locations and size of the use, the nature of the operations involved, the size of the site in relation to it, and the location of the site with respect to existing or future streets giving access to it shall be such that it will be in harmony with the orderly development of the district, and the location, nature and height of buildings, walls, fences, and other structures will not discourage the appropriate development and use of adjacent land and buildings or impair their value.

b.

Operations in connection with any special exception shall not be more objectionable to nearby properties by reason of noise, fumes, vibration, glare or fire hazard, than would be the operations of any principal permitted use.

(4)

Standards applicable to home occupations. The following standards and regulations are applicable to all home occupations permitted by special exception:

a.

The use shall be clearly incidental and secondary to residential occupancy.

b.

The use shall be conducted entirely with the interior of the residence.

c.

No person other than members of the family residing on the premises shall be engaged in such occupation.

d.

Not more than six clients per day (limit one visit per day per each client) are permitted to visit home occupation. Hours for visits shall be between 8:00 a.m. and 8:00 p.m.

e.

Not more than 25 percent of the gross floor area of the principal dwelling structure shall be utilized for home occupation.

f.

Music, art, craft, or similar lessons are permitted (12 or fewer clients per day).

g.

Child care (maximum of six or fewer children) is permitted.

h.

Public facilities and utilities shall be adequate to safely accommodate equipment used for home occupation.

i.

Storage of goods and materials shall be inside and shall not include flammable, combustible or explosive materials.

j.

Parking shall be provided only in the driveway.

k.

Outside storage of heavy equipment or material shall be prohibited.

l.

No truck or van with a payload rating of more than one ton shall be parked on the site or in front of the site on a regular basis.

m.

Mechanized equipment shall be used only in a completely enclosed building.

n.

Electronically amplified sounds shall not be audible from adjacent properties or public streets.

o.

No generation of dust, odors, noise, vibration, or electrical interference or fluctuation shall be perceptible beyond the property line.

p.

Deliveries and pickups shall be those normally associated with residential services, shall not block traffic circulation, and shall occur only between 8:00 a.m. and 8:00 p.m., Monday through Saturday.

q.

Accessory buildings shall not be used for home occupation purposes.

r.

Signage shall be limited to one sign, not to exceed one square foot in area, be mounted flush against the wall of principal dwelling unit and not be illuminated.

(Ord. of 2-16-2010, § 503)

(a)

General purpose. It is the intent of this chapter to permit nonconforming lots of record and nonconforming uses of land and structures to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(b)

Nonconforming lots of record. In any district any use which is permitted may be allowed on any single lot of record at the effective date of adoption or amendment of the ordinance from which this chapter is derived. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to the area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of adjustment.

(c)

Nonconforming use of land not enclosed by buildings. Where open land is being used for a nonconforming use, such use shall not be extended or enlarged either on the same or adjoining property.

(d)

Nonconforming use of buildings. The lawful use of a building existing at the effective date of the ordinance from which this chapter is derived may be continued although such use does not conform to these provisions, except that no such nonconforming structure may be enlarged or altered in any way which increases its nonconformity. If no structural alterations are made, a nonconforming use of a building may be hereafter extended throughout a building which was lawfully and manifestly arranged or designed for such use at the time of the enactment of the ordinance from which this chapter is derived.

(e)

Discontinuance of nonconforming uses. No building or land or portion thereof used in whole or in part for a nonconforming use which remains idle or unused for a continuous period of one year, whether or not the equipment or fixtures are removed, shall again be used, except in conformity with the regulations of the district in which it is located.

(f)

Destruction of nonconforming use. No building which has been damaged by any cause whatsoever to the extent of more than 50 percent of the fair market value of the building immediately prior to damage shall be restored, except in conformity with the regulations of this chapter, and all rights as a nonconforming use are terminated. If a building is damaged by less than 50 percent of the fair market value, it may be repaired or reconstructed to its original size and used as before the time of damage, provided that such repairs or reconstruction be substantially completed with 12 months of the date of such damage.

(g)

Intermittent use. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(h)

Existence of a nonconforming use. In cases of doubt and on specific questions raised, whether a nonconforming use exists shall be a question of fact and shall be decided by the governing authority after public notice and hearing and receipt of the report and recommendation of the board of adjustment.

(i)

Change of nonconforming use. If no alterations are made, any nonconforming use of a structure and premises may be changed to another nonconforming use, provided that the board of adjustment shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Such request shall follow the same administrative course as application for a special exception.

(j)

Nonconforming uses not validated. A nonconforming use in violation of a provision of the ordinance which this repeals shall not be validated by the adoption of the ordinance from which this chapter is derived.

(Ord. of 2-16-2010, § 504)

On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of 2½ feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection.

(Ord. of 2-16-2010, § 505)

(a)

General purpose. The regulations set forth shall apply to and govern in all zoning districts as provided. No sign or outdoor adverting device shall be erected, unless it is in compliance with regulations for the district in which it is located as specified in this section. The following sign regulations are established to assure compatibility of signs with surrounding land usage, to enhance the economy of the city, to protect the public investments in streets and highways, to preserve natural beauty and to protect tax revenues by promoting the reasonable, orderly and effective display of outdoor advertising.

(b)

General requirements and limitations.

(1)

Outdoor advertising signs and business signs of a permanent nature shall be classified as a business use and shall be permitted in commercial and industrial districts as specified.

(2)

The placing, tacking, painting, hanging or otherwise affixing of any kind of sign, outdoor advertising or poster of miscellaneous character, visible from the public highways, streets or roads on the walls of buildings, barns, sheds, trees, vehicles, fences, utility poles, or any other structure, except as otherwise provided in these regulations, is prohibited.

(3)

No outdoor advertising sign shall be erected, placed, or hung nearer than 20 feet to the highway, street or road right-of-way upon which said display faces, except where an existing nonconforming structure is set back less than 20 feet, an outdoor advertising sign may observe the same setback if the sign is within 100 feet of said building. If the nonconforming structure is subsequently moved, or removed, the sign shall be removed or moved to conform to the 20 feet setback required. An outdoor advertising sign shall not exceed 300 square feet showing in one direction, provided, however, that outdoor advertising signs shall be allowed up to a maximum of 600 square feet section of U.S. Highway 613 and Mississippi Highway 63. Back-to-back sign structures and v-type sign structures shall be allowed, with the square footage limitations being applied to each side of the sign separately.

(4)

All outdoor advertising signs permitted to be erected under this chapter shall be erected after the passage of the ordinance from which this chapter is derived a minimum distance of 1,000 feet from another such outdoor advertising sign on the same side of the road as measured along a line parallel to such road, except back-to-back, side-by-side, or V-type sign structures may be considered as one sign.

(5)

Business (on premises) signs advertising the primary nature, activities or products may be placed on the right-of-way line or further set back. A business sign mounted to a building may extend beyond the right-of-way line up to six feet, providing the extension is not beyond the curbline of the street and a minimum overhead clearance of ten feet is observed. A business sign shall not exceed 110 square feet in sign area.

(6)

No more than one business sign shall be allowed for corner lots having two street frontages, and an additional business sign will be allowed for a business having a rear customer entrance which fronts a street.

(7)

Shopping centers or multiple commercial buildings on the same premises are considered as one business in this article, as such are subject to the regulations for business signs as stated in subsection (b) of this section, except the size limitation does not apply to shopping centers or multiple commercial buildings on one premises. Each business in the shopping area may be identified on the business sign.

(8)

No sign shall be erected less than eight feet above the roadbed toward which the sign is showing measuring from the roadbed to the bottom of the sign area.

(9)

Mobile signs are not allowed in any district, except by special exception for special events or emergencies, and then for a specified time.

(10)

Mobile signs, when allowed, shall not exceed 30 square feet in sign area and be anchored to withstand wind pressures. Mobile signs in areas under hurricane warning shall be removed immediately. All mobile signs shall conform to all other sign regulations as specified.

(c)

Permitted and exempted signs.

(1)

One construction sign and one lender sign per construction project not exceeding 32 square feet of sign area in residential and commercial districts and 100 square feet of sign area in industrial districts. Such signs shall be erected not more than 30 days before the beginning of construction for which a valid building permit exists, they shall be placed on the construction site, and they shall be removed within 30 days after completion of the project.

(2)

Temporary poster signs erected behind glass windows or temporary signs painted on glass windows.

(3)

Any political sign or poster not exceeding 12 square feet erected on property by the owner thereof or with the property owner's consent pertaining to a candidacy or issue to be voted upon at any election or referendum, provided such sign or poster shall not be erected more than 60 days prior to such election or referendum and shall be removed within 30 days after referendum, or last such election in which the candidate is eligible.

(4)

Signs painted on, or attached to, trucks or other vehicles for identification purposes, but not used for advertising purposes.

(5)

Signs on glass doors or windows not exceeding six square feet of sign area stating name or nature of business, location, and hours of business.

(6)

Signs at entrances to subdivision, multifamily dwellings or mobile home parks showing name, description or location only and not exceeding 15 square feet.

(7)

Signs not exceed one square foot in area and bearing only property numbers, post box numbers, names of occupants of the premises or other identification of the premises not having a commercial connotation.

(8)

Flags and insignia of any government, except when displayed in connection with commercial promotion.

(9)

Legal notice or identification, information or directional signs erected or required by governmental bodies.

(10)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

(11)

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

(12)

On-site signs advertising property for sale or rent, provided such signs in single-family residential districts shall not exceed five square feet.

(13)

On-site church directory or bulletin board not exceeding 50 square feet.

(14)

Historical markers as recognized by local, state, or federal authorities (example: Mississippi Magnolia Marker).

(15)

Signs for home occupations as allowed in section 42-135(4).

(16)

Memorial signs or tablets for names of buildings, dates of erection and other commemorative matters when cut into a masonry surface or inlaid so as to be part of the building or when constructed of bronze or similar material and securely affixed to the building or structure it pertains to.

(17)

Warning signs not to exceed four square feet of sign area per sign and not exceeding four signs per site.

(18)

Religious symbols, commemorative plaques of historical agencies, or identification emblems of religious orders or historical agencies, provided that no such sign shall be more than 16 square feet of sign area and shall be mounted flat against the building or structure to which it pertains.

(19)

One on-site sign per street frontage having not more than 16 square feet of sign area per sign identifying schools, clubs, golf courses, country clubs, cemeteries and similar uses.

(20)

Signs warning the public of danger, containing no advertising message, of the minimum size necessary, and which shall be removed as soon as the danger has passed.

(d)

Signs permitted in residential districts. In all residential districts, all exempt signs are permitted except business or commercial purposes. No such sign shall be erected within ten feet of a property line fronting on a public street or within five feet of any other property line.

(e)

Signs permitted in commercial and industrial districts.

(1)

The following signs are permitted in all commercial and industrial districts, subject to the conditions and limitations provided below: freestanding, on-site signs; wall signs; canopy signs; under canopy signs; roof signs; projecting signs; exempt signs; and portable signs.

(2)

One freestanding, on-site sign shall be permitted for each developed site having frontage on a public street, not to exceed one square foot of sign area for each linear foot of building frontage on said site, and it shall not exceed 35 feet in height. Shopping centers are allowed one freestanding, on-site sign for each street frontage. The maximum number of such signs shall not exceed two per shopping center. Such signs may bear the name of the shopping center or a directory of occupants, or a combination of the shopping center name and a directory of occupants. The total sign area of such sign shall not exceed 300 square feet and shall not exceed 35 feet in height. In addition, each store, office or other place of business shall be permitted one wall sign subject to the area limitations of subsection (3)(e) of this section.

(3)

One wall sign shall be permitted for each occupancy within a developed site. Said wall sign shall not exceed one square foot of copy area for each linear foot of building frontage. If such occupancy is on a street corner, one wall sign is permitted for each frontage.

(4)

One roof sign is permitted per building, except in shopping centers. A roof sign shall not exceed one square foot of copy area for each linear foot of building frontage that is parallel to the sign placement direction, or a total of 200 square feet, whichever is the lesser. A roof sign may exist in addition to one of the following: a freestanding, on-site sign or a permitted projection sign.

(5)

A commercial building with a functional rear entrance for customers shall be permitted to have one additional sign on the rear wall which fronts the public named street, but the square footage of the rear sign shall be included in the total square footage of all business signs allowed for that district.

(6)

An occupant with building frontage on a public street is permitted to have one projecting sign along that street. The projecting sign may exist in addition to one of the following: a permitted freestanding, on-site sign or a permitted roof sign. The area of any one projecting sign shall not exceed one square foot for each linear foot of building frontage. Projection shall not be over public property or property of other owners.

(7)

Canopy signs and under canopy signs shall be subject to the following:

a.

The copy area of a canopy sign may be one-half square foot per linear foot of canopy front and sides. Subject to a minimum height limit of nine feet from the sidewalk, copy may be installed above or on the face of the canopy proper; provided that when such a sign is installed above or on the canopy proper, copy area will be computed on the total of the sign face and the canopy apron proper.

b.

Under canopy signs shall have a sign area no greater than six square feet, have a minimum clearance of eight feet above the sidewalk, and are limited to one per site. Only under canopy signs may be attached to a publicly owned canopy such as in the C-2 and C-2A Districts.

c.

No portion of a canopy sign shall be closer than two feet to a vertical line from the adjacent curb face or roadway edge in the absence of a curb.

d.

On places of public entertainment, such as theaters, arenas, coliseums and meeting halls, the copy area allowance is three square feet per linear foot of canopy as measured along the margin of the canopy.

e.

The following signs per site are authorized in addition to those allowed above:

1.

Up to two incidental signs may be attached to a freestanding, on-site sign or to a building wall. If attached to a wall, such signs may not be mounted perpendicular thereto. These incidental signs are restricted to messages concerning trading stamps, credit cards which are accepted, official notices required by law, and trade affiliations. The area of each sign may not exceed six square feet, and the total area of all such signs on site shall not exceed 12 square feet.

2.

Two directional signs are permitted for each driveway onto a public street. The area of each such sign shall not exceed 12 square feet. The maximum height for such signs shall be four feet above grade.

3.

The square footage of these incidental signs shall not be charged against the total allowable sign area otherwise permitted under this article.

4.

Unless otherwise provided, signs erected under the provisions of this article shall be set back at least 20 feet from any adjacent street and at least five feet from any interior lot line.

5.

To provide an adequate and safe line-of-sight for motor vehicle operators, no sign shall create a material impediment to visibility between the heights of four and ten feet above the grade of the adjacent roadway.

6.

Freestanding, on-site signs shall not be allowed in the commercial district that includes C-2, C-2A and the Waterfront Overlay District.

7.

Portable signs, such as special event signs, are permitted for two periods of one week each per year for each site. These two periods may be consecutive.

(i)

The sign area of portable signs shall not exceed 40 square feet, shall meet the setback requirements for signs provided in this article, and shall be used only as on-site signs.

(ii)

These signs shall be securely anchored to prevent sliding or overturning from wind.

(iii)

If a portable sign is electrically lighted, power may be supplied through type SO or STD flexible cords which shall be capable of carrying 30 amps and not more than 200 feet in length. Such cords shall not be extended through doors, windows or other openings into buildings, and shall not be laid on driveways, sidewalks, pavement or any area subject to pedestrian or vehicular traffic.

(f)

Illumination. Illuminated signs shall adhere to the following provisions and restrictions:

(1)

Signs shall not have blinking, flashing or other illuminating devices which change light intensity, brightness or color and shall be restricted to 75 watt bulb capacity; red or blue flashing lights are prohibited.

(2)

Beacon lights are not permitted.

(3)

Automatic changing signs displaying time, temperature, date or electronically controlled message centers are permitted.

(4)

The light for or from any illuminated sign shall be so shaded, shielded or directed that the light intensity will not be objectionable to surrounding areas.

(5)

No colored lights shall be used on any sign at any location in any manner so as to be confused with or construed as traffic control devices.

(6)

Neither direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.

(g)

Signs permitted as special exceptions. Signs permitted as special exceptions are billboards, subject to the following:

(1)

Shall be located in C-3 Highway Commercial and Industrial, Light and Industrial, Heavy Districts only, excepting State Highway 63 and State Highway 613 due to dense traffic and to avoid visual clutter and aesthetic harm.

(2)

Billboards shall be spaced 1,000 feet from any other billboard on the same side of a street or highway. This distance shall be measured on a line parallel to the street or highway the billboard is facing. Back-to-back or v-type signs for this purpose shall be considered one sign.

(3)

Billboards shall have a maximum height of 35 feet, and the copy area shall have a minimum clearance of ten feet measured vertically from the adjacent roadway or, if no adjacent roadway, from the ground.

(4)

Billboards shall not exceed 400 square feet of sign area within 200 feet of a state or federal highway and shall not exceed 300 square feet of sign area in all other areas where permitted.

(5)

Double-decker billboards are prohibited.

(h)

Signs prohibited. The following signs are prohibited:

(1)

Mobile signs are prohibited except as provided for in subsection (b)(10) of this section.

(2)

Signs or devices which by color, location, or design resemble or conflict with traffic control signs or devices are prohibited.

(3)

Signs attached to, suspended from or painted on any vehicle which is regularly parked on any street or private property to display, demonstrate, advertise or attract the attention of the public.

(4)

Signs which contain pulsating lights or strobe lights.

(i)

Inspection, removal and safety.

(1)

All signs may be inspected periodically by the building official for compliance with this section.

(2)

All signs and components thereof shall be kept in good repair and in safe, neat, clean, attractive condition.

(3)

All signs shall be designed according to generally accepted engineering practices to withstand wind pressure and that loads are distributed to structural supports to avoid overstress, and that all signs are property anchored to avoid being swept away by wind or water.

(4)

The building official shall give written notice for the removal of any permanent sign erected or maintained in violation of this chapter. Upon failure to comply with this notice, the building official shall take legal action to enforce compliance with this chapter. The building official may remove a sign immediately and without notice if the sign presents and immediate threat to the safety of the public. Any sign removal shall be at the expense of the property owner.

(j)

Nonconforming sign. In instances where a sign is nonconforming to any of the requirements of this chapter, such sign and any supporting structure other than a building may be allowed although such sign does not conform to these provisions. No such nonconforming sign may be enlarged or altered in any way which increases its nonconformity. No sign which has been damaged 50 percent or more of its fair market value shall be restored except in conformity with the regulations of this chapter. Any nonconforming sign that is down, removed, discontinued or abandoned for 30 consecutive days, shall not thereafter be used except in conformity with the regulations of the district in which it is located. However, any sign which is prohibited by this chapter shall be discontinued and removed.

(k)

Signs in disrepair or abandoned. All outdoor advertising signs whether permitted to remain as a nonconforming sign structure or an erected advertising sign structure under the terms of this chapter that if found to be abandoned, or is considered to be in such disrepair or is so poorly maintained so as to produce a visual blight, or signs which do not meet all requirements of the building codes, including the issuance of a permit therefor, or is placed in any public space or right-of-way without proper authority, shall be subject to removal by the city without liability after providing proper notice to the sign owner and landowner, if known, to remove the sign within 30 days.

(l)

Permits required.

(1)

It shall be unlawful to erect, enlarge, rebuild or structurally alter any sign without first obtaining the proper permit for each sign from the building official, except for exempted signs as set out in subsection (c) of this section.

(2)

The building official shall issue a permit for the erection of a sign when the application is properly prepared and filed if the applicant for the sign meets the requirements of this article and any other applicable ordinance of the city, and when all required frees have been paid. If the application is for an electrical sign, a separate electrical permit shall be required, plus the fee therefor.

(3)

The work under a sign permit must be begun within three months of its issue date and must be completed no more than six months after the permit issue date, otherwise the permit shall lapse.

(4)

The building official may, in writing, revoke a sign permit if it was issued on the basis of misrepresentation of fact, fraud or for failure to comply with the terms of the permit or for a violation of this article. If a sign permit is denied or revoked by the building official, he shall give written notice thereof to the applicant or permittee, together with a brief statement of the reasons for the denial or revocation. This action shall constitute a decision of the building official which may be appealed as other decisions.

(5)

All billboards and freestanding, on-site signs shall be subject to a footing inspection prior to erection of the sign. All signs shall be subject to a final inspection to ensure that they comply with the sign permit and this article. If the building official determines that the sign as erected does not comply with the terms of the permit and this article he shall direct the permittee to bring it into compliance within a time specified. On a failure to do so the permit shall be revoked and the sign removed.

(m)

Permit fees. Permit fees shall be adopted and approved by the mayor and board of aldermen.

(n)

Miscellaneous rules.

(1)

No part of a sign shall be closer than ten feet to an electric transmission power line.

(2)

Billboards and freestanding, on-site signs shall be securely anchored in concrete foundations.

(3)

No sign shall be suspended by rope, wire, string or the like.

(Ord. of 2-16-2010, § 506)

(a)

Applicability.

(1)

This section applies to any subordinate use of a building or other structure, or use of land that is:

a.

Conducted on the same lot as the principal use to which it is related; and

b.

Clearly incidental to, and customarily found in connection with, the principal use or structure.

(2)

Where a principal use or structure is permitted, such use shall include accessory uses and structures subject to this chapter.

(b)

Establishment.

(1)

Accessory buildings or uses shall not be constructed or established on a lot until construction of principal structure is completed or the principal use is established.

(2)

In no instance shall an accessory building or use be established on a vacant lot.

(3)

Accessory buildings shall not be used for dwelling purposes, except where permitted as defined in each district.

(c)

Dimensional and density standards.

(1)

For residential lots not exceeding two acres, detached accessory buildings shall not be located in the front yard. Detached accessory buildings may be located in the required rear yard.

(2)

For residential lots exceeding two acres, detached accessory buildings may be located in the front yard.

(3)

The location of permitted, nonresidential accessory structures is governed by the same dimensional regulations as set forth for the principal use or principal structure.

(4)

The maximum lot coverage of all accessory structures shall not exceed 50 percent of the total area of the side and rear yards.

(5)

No accessory structure shall be erected in any required yard, and no separate accessory structure shall be erected within five feet of any other building.

(6)

Accessory uses and structures shall not exceed 60 percent of the gross floor area of the principal use.

(7)

Within nonresidential districts, accessory structures, except for carports, are prohibited within the side and rear yards of lots adjacent to a residential district.

(d)

General requirements.

(1)

Accessory uses shall not include the conduct of trade unless permitted in conjunction with a permitted use.

(2)

Accessory uses shall be located on the same lot as the principal use for which they serve.

(3)

Accessory buildings shall be no more than 50 percent of the floor area of the principal structure without approval of the governing body.

(4)

Use of an accessory building for commercial purposes in a residential zone shall be prohibited.

(e)

Height.

(1)

Accessory building shall not exceed the height regulations of the applicable zoning district; or 15 feet in height, where the accessory structure is located within a yard.

(2)

Exceptions: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(f)

Accessory dwelling units in detached buildings.

(1)

Applicability. This subsection (f) applies to any accessory dwelling unit that is located in a building that is not attached to the principal dwelling.

(2)

Number permitted. Only one accessory dwelling unit is permitted per lot. An accessory dwelling unit shall not contain more than two bedrooms, and shall be limited to less than 50 percent of the floor area of the principal structure.

(3)

Location. Separate detached garages and separate accessory units are not permitted on the same lot. Accessory units may be created as a second story with detached garages if the height of the accessory unit and/or garage does not exceed the height of the principal structure on the lot.

(4)

Scale.

a.

The gross floor area of an accessory dwelling unit shall not exceed 50 percent of the principal building's floor area.

b.

The building footprint of the accessory dwelling unit shall not exceed 40 percent of the building footprint of the principal residence. The building footprint shall include patios, but shall not include porches.

(5)

Building design.

a.

In order to maintain the architectural design, style, appearance, and character of the main building as a single-family residence, the accessory dwelling unit shall have a roof pitch, siding and window proportions identical to that of the principal dwelling.

b.

An accessory dwelling shall not exceed two stories or the height of the principal dwelling unit, whichever is less.

c.

No exterior stairway to the second floor is permitted at the front or side of the building.

(6)

Occupancy.

a.

The total number of occupants in the accessory dwelling unit shall comply with the occupancy standards of the building code.

b.

The property owner must occupy either the principal dwelling or the accessory dwelling as the permanent residence. The property owner shall not receive rent for the principal dwelling. For purposed of this section the term "property owner" means the title holder and/or contract purchaser of the lot, and "owner occupancy" means that a property owner, as reflected in the title records, makes his legal residence at the site, as evidenced by voter registration, vehicle registration or similar means.

c.

The property owner shall sign an affidavit before a notary public affirming that the owner occupies either the principal dwelling or the accessory dwelling. The applicant shall provide a covenant suitable for recording with the recorder of deeds providing notice to future owners or long-term lessors of the subject lot that the existence of the accessory dwelling unit predicated upon the occupancy of either the accessory dwelling or the principal dwelling by the person to whom the certificate of occupancy has been issued. The covenant shall also require any owner of the property to notify a prospective buyer of the limitations of this section and to provide for the removal of improvements added to convert the premises to an accessory dwelling and the restoration of the site to a single-family dwelling in the event of any condition of approval is violated.

(7)

Parking. The number and design of parking spaces are established in section 42-134. Parking spaces shall be located in the rear yard and behind the principal building.

(8)

Utilities. The accessory dwelling shall be connected to the central water and sewer system of the principal dwelling.

(g)

Accessory apartments.

(1)

The gross floor area of the accessory apartment shall not exceed 35 percent of the total floor area of the principal dwelling unit.

(2)

Occupancy of the accessory apartment shall not exceed one person per 400 square feet of gross floor area.

(Ord. of 2-16-2010, § 507)

(a)

Notwithstanding other provisions of this chapter, fences, walls and hedges may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall, or hedge along the sides or front edge of any front yard shall be over three feet in height.

(b)

Notwithstanding other provisions of this chapter, privacy fences in residential districts shall not exceed six feet in height in the rear and side yards of the structure and shall be reduced to three feet in height from the front corner of the structure to the street or property line.

(c)

Any fence erected on a corner lot shall not obstruct the view from traffic in any direction.

(d)

Fences shall be required around swimming pools and shall be in compliance with the building and safety code adopted by the city.

(e)

A fence can be composed of wire, mesh, steel mesh, chain link, louvered stake and similar materials, wood, wrought iron, stone or masonry. Vinyl or fiberglass composite materials may be utilized if the material is listed, designed and constructed for fencing materials. Roofing materials shall not be used as fencing material in any residential or commercial district.

(Ord. of 2-16-2010, § 508)

In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were an individual lot.

(Ord. of 2-16-2010, § 509)

The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(Ord. of 2-16-2010, § 510)

Every building or structure hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures and buildings shall be located on lots to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(Ord. of 2-16-2010, § 511)

(a)

The term "major recreational equipment" includes boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

(b)

No major recreational equipment shall be parked or stored on any lot in a residential district, except in a carport or enclosed building or behind the nearest portion of a building to a street, provided however that such equipment may be parked anywhere on residential premises for a time not exceeding 24 hours during loading or unloading. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

(Ord. of 2-16-2010, § 512)

Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

(Ord. of 2-16-2010, § 513)

Development in flood hazard areas of the city, as noted by the city flood insurance rate map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), shall be required to follow all rules and regulations as prescribed in chapter 14, pertaining to flood damage prevention.

(Ord. of 2-16-2010, § 514)

(a)

General purpose.

(1)

The purpose of these regulations is to provide for protection of wetland areas within the city and to balance the needs for development of these sensitive areas with regulations designed to minimize and mitigate environmental degradation.

(2)

These regulations are designed to be superimposed over all other defined zoning districts within the city and to require additional permits and regulations, exceeding those in the other applicable zoning districts of the city, said additional regulations and permits being designed to protect the wetland areas from unnecessary damage and degradation. Development shall be defined as any activity involving the disturbance of the natural earth, construction of buildings or structures, or any clearing of land and/or vegetation, or any similar activity.

(b)

Conditions of approval. Development will be allowed only after approval and a building permit issued by the city. Any person, corporation, or property owner proposing development within wetland areas shall submit a plan for such development to the city in accordance with the following procedures:

(1)

The plan shall include, but not necessarily be limited to, the following items:

a.

Drainage plans.

b.

Site layout plans.

c.

Ingress and egress plans.

d.

Wetland buffer zones with ten percent of the total proposed development area being included in such area.

e.

Plans and procedures for minimizing wetland impacts.

f.

Design plans for detention or retention ponds and related facilities.

(2)

The developer, owner or person proposing development in the Waterfront Overlay District (WF-1) shall submit two sets of plans for the proposed development.

(3)

The city shall provide to the developer sufficient information regarding requirements for development to assist the permitting process. This information may be in the form of written guidelines with suggested design standards for drainage structures and other similar site requirements.

(4)

The applicant shall also furnish plans of the proposed project to the city as may be required by other parts of this chapter and other city requirements for building permits.

(c)

Final site and development approval. The city building department shall not grant a certificate of occupancy or finally approve any development in wetland areas until the final site development approval has been granted from the city and all city zoning and building regulations are met.

(Ord. of 2-16-2010, § 515)