Nelsonville City Zoning Code
SUPPLEMENTAL CONDITIONS
§ 153.115 ADJUSTMENTS TO SIDE YARD REQUIREMENTS FOR CORNER LOTS.
Regardless of side setback line requirements and minimum side yard requirements set forth in other parts of this chapter, when a lot is located on a corner of intersecting streets, all yards abutting a public street shall be considered to be a front yard, and shall be required to have front yard setbacks and front yard requirements for all such yards abutting a public street.
(Prior Code, § 27.05.01) Penalty, see § 153.999
§ 153.116 VISIBILITY AT INTERSECTIONS.
In any district on a corner lot, no fence, structure or planting shall be erected or maintained within 30 feet of the “corner” at a height between two and one-half and ten feet above curb or street grade, or so as to interfere with traffic visibility across the corner. The “corner” shall be the point of intersection of the two right-of-way lines. The Board of Zoning Appeals may hear an appeal for a variance to allow a fence, structure or planting within the prohibited area, if traffic visibility is not impaired.
(Prior Code, § 27.05.02) Penalty, see § 153.999
§ 153.117 ARCHITECTURAL PROJECTIONS.
Open structures such as porches, balconies, platforms, carports and covered patios and similar architectural projections shall be considered a part of the building to which attached and shall not project into the required minimum front, side or rear yard. Projections of sills, belt course, roof eaves, cornices and similar structural and ornamental features shall not project into required minimum front, side or rear yard.
(Prior Code, § 27.05.03) Penalty, see § 153.999
§ 153.118 DOUBLE FRONTAGE LOTS.
Lots having frontage on more than one street shall provide the required front yard along both streets.
(Prior Code, § 27.05.04) Penalty, see § 153.999
§ 153.119 ACCESSORY BUILDINGS.
Accessory structures, when not attached to a principal structure, may be located at any location with a rear or side yard; provided, however, that an unattached accessory structure may not be located in a required side setback between a permanent structure and the property line, or in an area that would place it closer to the street than the principal structure. Accessory buildings can only be placed on a lot with a principal structure.
(Prior Code, § 27.05.05) Penalty, see § 153.999
§ 153.120 SEXUALLY ORIENTED BUSINESS USES.
(A) A sexually oriented business shall not be operated or located on any parcel within 1,000 feet of:
(1) Any building which is used primarily for religious worship and related religious activities;
(2) A school, public or private, as defined in § 153.004;
(3) A boundary of any residential zoning district;
(4) A public park, playground or playing field, as defined in § 153.004;
(5) Any public library; or
(6) Any other sexually oriented business.
(B) No such business shall be located on any parcel or operated within 500 feet of any landmark or Historic District.
(C) Such businesses shall only be located in an I-1 Industrial District.
(D) No advertisements, displays or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-public.
(E) All building openings, entries, windows and the like for adult uses shall be located, covered or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.
(F) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas.
(G) For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or school, or to the nearest boundary of an affected public park or residential district.
(H) For the purposes of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the closest exterior wall of the structure in which each business is located.
(I) No person shall establish, operate or cause the establishment or operation of any sexually oriented business in violation of the provisions of this section. Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material, or any live performance which, taken as a whole, contains serious literary, artistic, political, medical educational or scientific value.
(J) Any sexually oriented business lawfully operating on the effective date of this section that is in violation shall be deemed a non-conforming use. A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the subsequent location of a church, public or private school, residential district, public park or library within 1,000 feet or a landmark or historic district within 500 feet of the sexually oriented business. When a non-conforming sexually oriented business use of a structure, building or premises is voluntarily discontinued or abandoned for more than six months, the structure, building or premises shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located.
(Prior Code, § 27.05.06) Penalty, see § 153.999
§ 153.121 CLUB SWIMMING POOLS.
(A) A club swimming pool shall be any pool constructed by an association of property owners or by a private club for use by members and guests of the association or club.
(B) Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements.
(1) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than the setback required in the district where the use is located.
(2) The swimming pool and all of the area used by the bathers shall be so walled or fenced no less than six feet in height and maintained in good condition, and shall be provided with a gate and lock.
(Prior Code, § 27.05.08) Penalty, see § 153.999
§ 153.122 OUTDOOR LIGHTING.
Outdoor lighting, when used for security, landscaping or signage, shall be so desired and directed so as not to adversely impact traffic or adjacent properties.
(Prior Code, § 27.05.09) Penalty, see § 153.999
§ 153.123 HOME OCCUPATIONS.
(A) Administrative home occupations shall be permitted in compliance with the following conditions.
(1) An administrative home occupation shall be permitted in any residential zoning district within a residential dwelling unit and/or attached or detached accessory structure.
(2) There shall be no persons except those permanently residing in the residential dwelling unit employed in the home occupation.
(3) There shall be no more than one administrative home occupation permitted per resident.
(4) All activity shall be conducted entirely within the dwelling unit and/or an attached or detached accessory structure and the use for the home occupation shall be clearly incidental and subordinate to its principal use as a residential dwelling and premises.
(5) The area used for the home occupation shall not occupy more than 25% of the gross floor area of the dwelling unit up to a maximum of 300 square feet and without limitation in an attached or detached accessory structure.
(6) There shall be no change in the exterior appearance of any building, structure or premises condition and no visible evidence of the conduct of such home occupation.
(7) There shall be no exterior display of commodities, goods or merchandise or the posting of a permanent or temporary sign advertising the home occupation.
(8) There shall be no on-premises sale of commodities, goods or merchandise produced as the result of the home occupation.
(9) There shall be no vehicular or pedestrian traffic generated by such use greater in volume than the existing streets and sidewalks can support, including, but not limited to, deliveries via USPS, FedEx or delivery service. Such service shall be on an intermittent basis and shall not be accomplished by a semi-trailer truck or other vehicle not commonly traveling on residential streets.
(10) There shall be no creation of a parking lot or additional parking beyond that required for the residential use or the provisions of this chapter.
(11) There shall be no equipment or processes used that create excessive noise, vibrations, glare, fumes, odors, electrical interference, voltage fluctuation or other adverse impact to adjacent properties or the general vicinity.
(12) There shall be no increased burden placed upon existing public services provided to the residence because of the home occupation, including, but not limited to, increased water service, increased sanitary sewer service, increased storm water disposal facilities or increased gas or electrical service in excess of that determined by the Zoning Officer to meet an existing service deficiency.
(14) There shall be the payment of a permit fee as established by separate City Council ordinance.
(B) Administrative home occupations shall include, but not be limited to:
(1) Desktop publishing;
(2) Computer programming and small electronic device repair;
(3) Typing and word processing;
(4) Telephone/internet answering service;
(5) Internet sales with no on-premises storage of goods or customer visitation;
(6) Art or craft studio;
(7) Teaching, tutoring and instruction;
(8) Laundering and ironing;
(9) Cooking and preserving;
(10) The professional office of a doctor, lawyer, dentist, psychologist, psychiatrist, clergy, realtor, broker, insurance agent, engineer, draftsperson or accountant and not more than one additional employees is at the premises; and
(11) The home business office of any trade or profession as long as no business activity is conducted on the premises; there is no exterior display or storage of products, merchandise or materials; and no employees report for work or conduct business activities at the premises.
(C) Conditional home occupations shall be permitted in compliance with the following conditions.
(1) A conditional home occupation shall be permitted in any residential zoning district within a residential dwelling unit and/or attached or detached accessory structure.
(2) All proposals for home occupations other than those permitted as administrative home occupations shall be considered conditional home occupations and shall be reviewed by the Board of Zoning Appeals in accordance with the provisions of this chapter.
(3) There shall be not more than two additional persons employed in the home occupation other than the resident occupants.
(4) There shall be no more than one conditional home occupation permitted per premises.
(5) All activity shall be conducted entirely within the dwelling unit and/or an attached or detached accessory structure and the use for the home occupation shall be clearly incidental and subordinate to its principal use as a residential dwelling and premises.
(6) The area used for the home occupation shall not occupy more than 50% of the gross floor area up to a maximum of 500 square feet and without limitation in an attached or detached accessory structure.
(7) There shall be a limited number of clients or customer permitted at the premises as determined by the Board of Zoning Appeals and in consideration of the specifically requested use and the potential impact to adjacent properties and the surrounding neighborhood.
(8) Hours of operation open to the public shall not begin before 8:00 a.m. or continue later than 9:00 p.m.
(9) There shall be no change in the exterior appearance of any building, structure or premises condition and no visible evidence of the conduct of such home occupation other than one sign, not exceeding five square feet in area, non-illuminated and mounted flat against an exterior portion of the building in which the home occupation is located.
(10) The sale of goods other than those produced on-site is limited to a maximum of 25% of the allowable gross floor area stipulated in division (C)(5) above or 25% of the value of stock inventory, whichever is greater.
(11) Any addition to a dwelling in order to accommodate a home occupation may be permitted so long as such addition remain residential in character and meet all other requirements of this chapter.
(12) No equipment process, materials or chemicals shall be used which create offensive noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, electrical disturbances or voltage fluctuation.
(15) There shall be the payment of a permit fee as established by separate City Council ordinance.
(D) Certain types of home occupations that may have the potential to create greater impact upon adjacent properties and/or the character and general nature of a residential neighborhood shall not be permitted except by review and conditional use approval of the Board of Zoning Appeals, including, but not be limited to:
(1) Animal hospitals, kennels or obedience schools;
(2) Medical, dental or veterinary clinics with two or more practioners;
(3) Retail sale of merchandise, household goods or food products produced off-site and in excess of that permitted in division (C)(9) above;
(4) Automobile, truck, recreational vehicle, boat or small engine repair, detailing or painting;
(5) Eating or drinking establishments;
(6) Barber or beauty salons;
(7) Major appliance or large equipment repair;
(8) Art, music, dance, exercise or martial arts studios with more than five pupils on premises at any one time; and
(9) Facilities engaged in the fabrication of consumer products from wood, metal, plastic or other raw or pre-fabricated materials.
(E) The Board of Zoning Appeals shall additionally review all applications in accordance with § 153.234 and shall not approve a conditional home occupation if it is determined that it will constitute a nuisance. The Board shall have the authority to attach additional conditions and/or requirements to preserve the general character and nature of the neighborhood, minimize any potential adverse impacts of the proposed use and to ensure that a nuisance is not created.
(Prior Code, § 27.05.10)
§ 153.124 BED AND BREAKFAST ESTABLISHMENTS.
Where allowed in individual zoning districts, pursuant to this chapter, a bed and breakfast establishment may be permitted by the Board of Zoning Appeals, provided that said establishment has no more than four bedrooms used for short-term lodging, and provided that adequate ingress and egress from parking areas is designed so as to cause minimum interference with traffic on abutting streets.
(Prior Code, § 27.05.11) Penalty, see § 153.999
§ 153.125 HEIGHT REGULATIONS FOR STRUCTURES.
The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, silos and similar structures, elevator bulkheads, smokestacks, conveyors or flagpoles.
(Prior Code, § 27.05.12)
§ 153.126 MINIMUM STANDARDS FOR SINGLE- AND MULTI-FAMILY DWELLINGS.
(A) All single- and multi-family dwellings, including permanently sited manufactured homes and industrialized units, shall have a complete and permanent foundation under all exterior walls.
(B) Manufactured homes, industrialized units or any building or structure used for residential purposes which do not meet this requirement shall be considered mobile homes or temporary structures.
(Prior Code, § 27.05.13.01) Penalty, see § 153.999
§ 153.127 NUMBER OF BUILDINGS RESTRICTED.
In any zoning district where single- or multi-family dwellings, including permanently sited manufactured homes, are a principally permitted use, there shall not be more than one principal dwelling structure on a single lot of record unless application for and approval of a variance is obtained by the Board of Zoning Appeals or the development site has prior approval by the City Planning Commission and City Council as a planned unit development.
(Prior Code, § 27.05.13.02) Penalty, see § 153.999
§ 153.128 OUTDOOR DISPLAY, STORAGE AND/OR SALE OF MATERIALS AND EQUIPMENT.
(A) No person shall display, rent or sell any merchandise or products on any private lot or lands within the city, except within a permanently constructed building unless a permit for a temporary outdoor sale has been issued by the Zoning Officer or without a permit if the display, storage and sale of such merchandise or products is exempted as herein described. It is the intent and purpose of this chapter to allow for the reasonable display and duration of display of commercially available merchandise, to prohibit the infringement of business activity in established residential areas, to regulate term and frequency of sales so as to maintain attractive business districts and residential neighborhoods and to allow for the occasional sale of household goods and personal items.
(B) The display and sale of nursery stock, plants, fruits and vegetables or any other merchandise not normally stored or offered for sale in a building such as firewood, straw, mulch, top soil, yard care equipment, car care products, vending machines or any other merchandise not fit or safe for indoor storage or the sale, rental or leasing of new or used autos, boats, recreational vehicles and equipment, trucks and agricultural or construction equipment and the dispensing of motor fuels and motor vehicle products shall be an exempt business activity in commercial or industrial zoning districts when display, rent or sale of such products is part of a normal business activity and the business is compliant with all applicable zoning district regulations for the type of use.
(C) It is the intent of this section to provide for temporary outdoor sales without a permit which are clearly a temporary accessory use to a permitted or conditionally permitted permanent business activity provided such outdoor sales do not conflict with other applicable codes. Specific uses herein described shall be allowed without a permit or by separately established City Council ordinance permitting such use. The following regulations shall apply to all temporary outdoor business sales activities located in commercial or industrial zoning districts.
(1) Temporary outdoor sales, rentals, leasing and special sales events/or merchandise normally offered for sale indoors shall not be subject to the requirements of this chapter and may be permitted allowed within any commercial or industrial district without a permit for a maximum of seven events per year with each event no longer than four days in duration. Temporary outdoor sales shall include sidewalk sales, inventory reduction sales, liquidation sales and similar temporary outdoor sales of merchandise normally offered for sale indoors. Permits may be issued for more events or events longer in duration upon approval of a temporary outdoor sale permit issued by the Zoning Officer and upon forms available at the office of the City Manager. The fee for such permit shall be established by separate City Council ordinance.
(2) Transient vendor or peddler permits issued pursuant to Chapter 113 shall not be subject to the requirements of this subchapter and may be issued in addition to this chapter.
(3) Use of public sidewalks, subject to § 91.05(B), for the display and sale of merchandise of adjacent business uses and where merchandise is only displayed during normal operating business hours shall not be subject to the requirements of this chapter.
(4) Seasonal merchandise sales, including items such as vegetable plants or flowers, fertilizer, mulch, peat moss and similar landscape products; lawn and garden equipment, such as mowers, snow blowers, wheel barrows and other large lawn and garden equipment; and items symbolic of religious, national or traditional holidays such as Christmas trees and wreaths, pumpkins and the like shall not be subject to the requirements of this chapter.
(5) Outdoor display and sale of merchandise associated with an exhibition and special event permit issued pursuant to § 94.01 such as Parade of the Hills, Nelsonville Music Festival, Final Fridays on the Square and the Ohio Smoked Meat Festival shall not be subject to the requirements of this chapter.
(6) Outdoor display and sale of merchandise on the premises of a business use shall not be subject to the requirements of this chapter if the items displayed are returned indoors at the close of each business day.
(7) Canopies, stands, tents or similar temporary structures may be utilized, provided they do not impair access to the site by emergency vehicles or the safe and efficient movement of vehicle or pedestrian traffic entering or exiting the site. Such tents or other temporary structures shall not occupy any parking spaces required for the minimum requirements of the principal uses on the site. The minimum required number of off-street parking spaces shall be maintained during the duration of the sale.
(8) Temporary outdoor sales shall not be permitted in any required front, side or rear yard setback.
(9) Delivery trucks, semi-trailers and the like storing merchandise or products may not be parked in any required front, side or rear yard setback, and shall not occupy any required off-street parking spaces.
(10) Temporary outdoor sales shall not occupy any part of the public right-of-way, except sidewalk sales as otherwise permitted by this chapter.
(11) Signage related to the sale shall be in compliance with § 153.130 for the appropriate zoning district where the property is located. Use of the adjacent public right-of-way shall be allowed so long as the signage does not endanger public safety, adversely distract vehicle drivers’ attention, encroach upon the driving surface of the adjacent street or highway, obstruct vision for traffic safety or otherwise constitute a public nuisance.
(D) It is the intent of this section to provide for temporary outdoor or indoor sales of personal and household items of a resident of a premises in a residential zoning district provided such sale does not conflict with other applicable codes. Activity and events herein described shall be allowed without permit or by separately established ordinances permitting other specific uses. The following regulations shall apply to all temporary outdoor or indoor residential garage sales, porch sales, patio sales, yard sales, lawn sales or similar sales.
(1) Not more than four sales shall be permitted in any calendar year, shall be no more than three days in duration.
(2) Sales shall not commence prior to 8:00 a.m. and shall occur thereafter during daylight hours only.
(3) Signage related to the sale shall be in compliance with § 153.130 for the appropriate zoning district where the property is located. Signs advertising the sale shall be permitted on the premises or on the public right-of-way adjacent to the property so long as the signage does not endanger public safety, adversely distract vehicle drivers’ attention, encroach upon the driving surface of the adjacent street or highway, obstruct vision for traffic safety or otherwise constitute a public nuisance. Signs shall not be posted off-site on utility poles, public utilities such as traffic control panels or on private property except with the permission of the property owner. Signs shall be removed no longer than 24 hours after the conclusion of the event.
(4) Sale merchandise is limited to household and personal items and shall not include separately obtained or purchased items or merchandise where the sale of such items would constitute a business activity or otherwise constitute a business use required to be located in a commercial or industrial zoning district.
(Prior Code, § 27.05.14) Penalty, see § 153.999
§ 153.129 TEMPORARY BUILDINGS.
Temporary buildings may be permitted by the Zoning Officer in any district under the following conditions one-time per calendar year.
(A) The activity or purpose for the building is a permitted use within the district, with the exception of a building used for a community or charitable event one time per calendar year.
(B) The entire structure is removed from the premises within 30 days of being placed or erected on any property or for any business or owners except that bona-fide non-profit or community organizations may request that the Board of Zoning Appeals extend the 30 days for a set period.
(C) All structures so approved shall comply with applicable building codes and shall comply with all setback requirements.
(Prior Code, § 27.05.15)
§ 153.130 SIGN REGULATIONS.
(A) Intent. The purpose of this section is to permit such signs that will not endanger the public safety of individuals; confuse or obstruct vision necessary for traffic safety; constitute a public nuisance; constitute sign blight which adversely impacts the aesthetics, vitality and value of the city’s commercial areas; constitute an unattractive, garish or unproductive sign which detracts from the appearance of the city; or which detract from the maintenance of high quality residential zones in the city.
(B) Regulations established and application.
(1) Signs shall be erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, size, location, illumination and other provisions set forth in this chapter.
(2) The construction, erection, safety and maintenance of all signs shall be in accordance with the applicable city ordinances
(3) The provisions of this chapter shall not amend or in any way interfere with other ordinances, rules or regulations governing traffic signs within the municipality.
(4) The display of official public notices and the flag, emblem or insignia of all U.S. governmental bodies shall not be governed by the provisions of this section.
(C) Public right-of-way. Except as specifically authorized herein, no sign of any type shall be placed within the right-of-way line of any public street or roadway except as provided by revocable license. (See R.C. § 723.121.)
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLASS B SIGNS. Off-premises signs advertising any product, service, performance or event at a location other than where the sign is located.
NON-CONFORMING SIGNS. Signs which are lawfully in existence on the effective date of the ordinance but does not conform to the regulations.
PORTABLE SIGNS. A sign not permanently affixed to a building, structure or the ground and can be moved from one location to another. These signs may be displayed for a maximum of 30 days at one time up to four times per year.
PRIMARY CLASS A SIGNS.
(a) On-premises ground signs or signs attached to a building which advertise any product, service or identify the business by name. These signs are the principal advertising for the parcel or lot where one or more business entities are located, and include, but are not limited to, any display, figure, painting, drawing, placard, poster or other exterior device visible from a public right-of-way, which is designed, intended or used to convey a message, advertise, inform or direct attention to a building, person, institution, organization, activity, place, object or product.
(b) In single-family residential neighborhoods, rental or home occupation signs shall be permitted provided they are in keeping with the character of the neighborhood and do not create a nuisance for neighbors. Signs which are not well maintained or are not of acceptable appearance may be required to be removed.
SECONDARY CLASS A SIGNS. The same as above except they provide advertising for an individual business on a lot where several businesses are located.
TEMPORARY ADVERTISING DEVICES (TADS). Banners, pennants, streamers, pinwheels, flags (other than national, state, religious or fraternal), windsocks, balloons or other gas-filled figures which are used to promote a special event, sale or product. The signs can be displayed no more than four times per calendar year for a maximum of 30 days each time.
(E) Size.
(1) Primary Class A signs shall be allowed two and one-half square feet per linear foot of total street frontage of the lot or parcel but shall not exceed a total of 350 square feet.
(2) Secondary Class A signs. Each separate business establishment shall be allowed one square foot of surface area of sign for each linear foot of building frontage of the business up to a maximum of 100 square feet.
(3) Class B signs shall not exceed 400 square feet in surface area.
(F) Permits. Prior to the erection, construction, installation or alteration of any sign, a permit shall be obtained from the Zoning Officer. This does not include normal maintenance of any sign. Signs must be erected within one year of the permit issuance.
(G) Non-conforming signs. Non-conforming signs shall be required to comply with this chapter if:
(1) The sign is removed, dismantled or relocated;
(2) The sign has been determined to be a hazard to the life, safety, property or welfare of the public;
(3) The sign has deteriorated or been damaged to an extent that its value is less than 50% of its replacement value; or
(4) The sign advertises a business, product, service or event no longer open or available to the public.
(H) Exempt signs. Exempt signs include the following:
(1) Professional nameplates or occupational signs not exceeding two square feet in area listing the names, location or business of an occupant within a building;
(2) Legal notices;
(3) Street addresses not exceeding ten square feet in area;
(4) Bulletin boards or directories for public, charitable or religious institution located on the premises and not exceeding 40 square feet in area;
(5) Signs denoting the architect, engineer, contractor and the like where construction is occurring. These signs must be removed within ten days after the project’s completion;
(6) Signs advertising future construction or lease of a parcel providing the sign does not exceed 40 square feet in a residential area or 200 square feet in a commercial area. The signs shall be allowed for six months or until the building is occupied, whichever comes first;
(7) Signs advertising property for sale or rent. This is limited to one sign on a single-family residential lot not to exceed the standard signs used by area realtors. Signs must be removed within ten days of the sale or lease of the property;
(8) Dedicatory tablets or memorial plaques setting forth the name or erection date of a building, commemorating a person or persons and like uses. Such signs shall be cast in metal or engraved in stone or concrete or otherwise suitably inscribed in or on a monumental material;
(9) Non-structural signs consisting of letters, numerals or ornamentation painted or applied to awnings and canopies. No business shall have more than ten square feet of area of said signs without a permit;
(10) Identification signs at the entrance to residences, farms, ranches, estates and the like which do not exceed 12 square feet in area;
(11) Vehicle signs located on a truck, bus, trailer or taxi, being operated or parked on premises in the course of business provided the primary purpose of the said vehicle is not an advertisement;
(12) Directional signs or symbols such as “exit”, “no trespassing” and the like;
(13) Traffic or other signs erected by municipal, county, state or federal authorities;
(14) Street identification signs and entrance signs giving the name of a subdivision provided that the total number of signs is two or less, they are located at the main entrance only, shall not exceed a combined total of more than 100 square feet in area and do not contain any other advertising;
(15) Temporary signs advertising activities of educational, religious, charitable or other nonprofit institutions. Signs advertising a yard sale or special event at a residence; however, these signs must be removed after the event or sale has concluded;
(16) Political signs;
(17) Flags indicating weather conditions or national or state flags or insignias of any governmental agency or civic, charitable, religious or fraternal organization;
(18) Athletic scoreboards; and
(19) Holiday decorations.
(I) Permit application and fees.
(1) All applications for sign permits shall be made to the Zoning Officer and shall include a drawing to scale showing the description of the sign including size, type, materials and approximate location on the property.
(2) If the Zoning Officer determines the sign is within these guidelines, a permit shall be issued and the sign shall be erected within one year of the permit issuance.
(3) A fee established by separate ordinance will be charged per application for signs which do not meet the classification of a temporary advertising device.
(J) Prohibited signs. Prohibited signs include the following:
(1) Any sign creating a traffic hazard;
(2) Signs which prevent free ingress or egress from any entrance, window, fire escape or attached to a standpipe;
(3) Signs deemed by community standards to be obscene or which constitute a public nuisance;
(4) Signs which contain lights that exceed ten candle power per square foot of sign;
(5) Signs affixed to a tree or utility pole; and
(6) Roof signs.
(K) Restrictions. Restrictions include the following.
(1) Signs over walkways or driveways which are not at least eight feet above the surface of the walkway or driveway. Any sign located within the designated parking area of any property shall have a planter around the base not less than 18 inches high and a minimum of 18 inches from any extremity of said sign.
(2) No ground sign shall have a total height greater than 30 feet in commercial areas or 15 feet in the downtown commercial district.
(3) No signs shall be maintained in such location or position as to present any unsightly or objectionable unfinished side towards an adjacent property.
(4) (a) Signs in single-family neighborhoods shall be constructed of wood and shall be affixed to the residence or attached to a post, less than four feet in height. The sign shall include only the name of the business, proprietor and hours, telephone number and the like. If both sides of the sign are visible, each side must have a finished surface.
(b) The sign cannot exceed 20 square feet of surface area.
(5) Sandwich boards or easels used in the normal course of daily business may be displayed without obtaining a permit. However, these signs cannot be placed in a location that would hinder parking or pedestrian traffic and may be displayed outdoors only during business hours.
(6) A portable sign in a residential neighborhood may be used without a permit for up to seven days to announce a birthday or other special event without the home owner applying for a permit. The sign may be lighted between the hours of 7:00 a.m. and 10:00 p.m. only. After seven days, the sign must be removed or a permit application must be filed.
(Prior Code, § 27.05.16) Penalty, see § 153.999