Paulding City Zoning Code

REGULATIONS APPLYING

TO ALL DISTRICTS

§ 155.30 PARKING AND LOADING FACILITIES.

(A) Intent. Off-street parking and loading requirements and regulations are established in order to achieve, among others, the following purposes:

(1) To relieve congestion so the streets can be utilized more fully for movement of vehicular traffic;

(2) To promote the safety and convenience of pedestrians and shoppers by locating parking areas so as to lessen car movements in the vicinity of intensive pedestrian traffic;

(3) To protect adjoining residential neighborhoods from on-street parking;

(4) To promote the general convenience, welfare and prosperity of business, service, research, production and manufacturing developments which depend upon off-street parking facilities; and

(5) To provide regulations and standards for the development of accessory off-street parking and loading facilities in accordance with the objectives of the zoning code.

(B) Scope of regulations. Accessory off-street parking and loading facilities shall be provided as a condition precedent to occupancy of all residential, institutional, business, office, research, production, service and industrial uses in conformance with the provisions of this section:

(1) Whenever a building is constructed or a new use established;

(2) Whenever an existing building is altered and there is an increase in the number of dwelling units, seating capacity, the floor areas of buildings; and

(3) Whenever the use of an existing building is changed to a more intensive use which requires more off-street parking facilities, except certain nonconforming uses may continue as provided in § 155.32.

(C) Measurement of parking and loading units. For the purpose of determining the off-street parking and loading facilities required as accessory to a use, definitions and standards are established as follows.

(1) OFF-STREET PARKING SPACE shall mean an open or enclosed area directly accessible from a public street for parking of automobiles of owners, occupants, employees, customers or tenants of the main use. Each space shall be directly accessible from a drive or aisle, not less than eight feet wide by 20 feet long, exclusive of all drives, aisles, ramps and turning space.

(2) FLOOR AREA USED IN DETERMINING PARKING REQUIREMENTS shall mean the total area of all the floors of the building used by the principal activity as specified in division (E) below, measured from the exterior faces of the building. The areas used for storage or otherwise not occupied by people may be excluded from the floor area calculation if approved by the Planning Commission.

(3) GROSS FLOOR AREA USED IN DETERMINING LOADING REQUIREMENTS means the total floor area used for the main and accessory activities, and storage areas of the building served.

(4) SEATING CAPACITY means the number of seating units installed or indicated on plans for places of assembly; where not indicated on plans it shall be assumed that a seating unit will occupy six square feet of floor area exclusive of all aisles.

(5) EMPLOYEES wherever the parking requirement is based on employees, it shall mean the maximum number of employees on duty on the premises at one time or on any two successive shifts, whichever is the greater.

(6) OFF-STREET LOADING SPACE shall mean an open space or enclosed area as part of a building, directly accessible to a public street and available whenever needed for the loading or unloading of goods and products to the main use.

(D) Application and design. Any application for a permit to construct a building or parking area, or for a certificate of occupancy for a change in use of land or a building shall include a site plan drawn to scale and fully dimensioned, showing the proposed design of the parking area and loading facilities to be provided in compliance with the provisions of this section.

(E) Schedule of parking requirements. Accessory off-street parking facilities shall be provided in quantities not less than set forth in the following schedule:

Building and Use	Minimum Spaces Required
Business and Offices (including Home Professional Offices and Home Occupations)
Commercial recreation:
1. Open commercial amusement	1 space per 500 sq. ft. of lot area
2. Bowling alleys	5 spaces per lane
Mortuaries	20 spaces plus 1 space per 200 sq. ft.
Offices:
1. Medical and dental offices	1 space per 200 sq. ft.
2. Other offices: first floor and above	1 space per 250 sq. ft.
Places of assembly; theaters, halls, arenas	1 space per 4 seats
Retail stores, services and first floor offices:
1. Less than 4,000 square feet per unit	7 spaces per 1,000 sq. ft.
2. 4,000 to 10,000 square feet per unit	6 spaces per 1,000 sq. ft.
3. 10,000 square feet or greater	5 spaces per 1,000 sq. ft.
Community Facilities
Civic: libraries, museums, churches, club and community centers	1 space per 500 sq. ft. *
Educational: primary and secondary public; private schools	1 space per 1,000 sq. ft. *
Governmental: municipal, county, state and federal buildings used by the public	1 space per 300 sq. ft. of floor area plus 1 space for each 2 principally administrative functions employees
Health and welfare:
1. General and special hospitals	1 space per 500 sq. ft.
2. Institutions for children and for the aged, nursing homes, sanitariums	1 space per 1,000 sq. ft.
3. Medical clinics	1 space per 200 sq. ft. plus 1 space for each doctor and 1 space for each employee
Places of assembly: auditoriums, lodge, halls, gymnasiums and stadiums	1 space per 4 seats
Recreation:
1. Playfields	1 space per 4000 sq. ft. of playfield area plus 1 space per 4 seats in assembly room
2. Skating rinks, swimming pools	1 space per 50 sq. ft. of area devoted to the activity or 1 space per 2 members
Mobile Homes	1.5 spaces per mobile home space
Residential
Apartment	1.5 spaces per dwelling unit
Hotels, motels, tourist home	1.5 space per mobile home space
One-family dwellings	1 space per dwelling unit
Rented rooms	0.5 space per rented room plus
	1 space for resident family
Townhouse	1.5 spaces per dwelling unit
Two-family dwellings	1 space per dwelling unit
Service and Manufacturing
Manufacturing plants	1 space per 2 employees
Wholesale, distribution, laboratories, general services, machine shops and similar establishments	1 space per 2 employees
Other Buildings or Uses	For specific buildings or uses not scheduled above, the Planning Commission shall apply the unit of measurement set forth in the above scheduled which is deemed to be most similar to the proposed building or use
* For the assembly parts of the building, 1 space per each 4 seats, or 1 space for each 6 square feet of assembly floor area shall be added

(F) Modifications of requirements.

(1) Public facilities available. The required spaces as determined by the above schedule and standards may be modified by the Planning Commission in the village’s Central Business District area /where free parking areas or publicly owned parking areas are readily accessible and where land is not available for development of accessory off-street parking as required herein.

(2) Parking for single and mixes uses. A building occupied by one use shall provide the off-street parking spaces as required for the specific use. A building, or group of buildings, occupied by two or more uses, operating normally during the same hours, shall provide spaces for not less than the sum of the spaces required for each use. For a large unit development of business uses, such as a shopping center, spaces shall be provided for the total area of the building or buildings as set forth in division (E) above instead of the requirements based on each separate use.

(3) Joint use of parking facilities. Churches, civic clubs, community centers, auditoriums, lodge halls, gymnasiums and stadiums may make arrangements with business establishments which normally have different hours of operation for sharing up to, but not more than 50% of their requirements in adjacent parking areas which are accessory to such business uses, provided however, where there is a sharing of facilities by different owners or tenants, there shall be an agreement covering a period of time as may be required by the Planning Commission, and provided further that, should any of the uses by changed for the facilities discontinued, then the required spaces for the use or uses remaining shall be provided elsewhere as a condition precedent to the continued use of said building or buildings.

(G) Continuation of facilities.

(1) Off-street parking and loading facilities accessory to an existing use on the effective date of this chapter, and those required as accessory to a use created or a building constructed or altered thereafter, shall be continued and maintained in operation, and shall not be used for automobile sales, service or repair of motor vehicles, and shall not be reduced below the requirements of this chapter during the period that the main use is maintained, unless an equivalent number of spaces shall be provided for said use in another approved location.

(2) Wherever parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same ownership as the zoning lot occupied by the building or use to which the parking facilities are accessory. Such ownership shall be by deed or a long-term lease agreement, whereby the owner of the land on which the parking facilities are to be located shall be bound by a covenant filed and recorded in the office of the County Recorder, requiring each such owner, his or her heirs, or assigns to maintain the required number of parking facilities for the duration of the use served as a precedent to the continuation of such use.

(H) Location of parking facilities. Accessory parking facilities shall be provided at locations as set forth herein except as may be modified by divisions (F) and (G) above.

(1) Residential Districts and uses.

(a) Accessory, enclosed or open parking facilities as required shall be provided on the same lot as the dwelling unit served.

(b) In multifamily districts, parking facilities shall be provided within a walking distance of 200 feet of the building entrance of the unit to be served.

(c) In one and two-family residential districts one truck, which is used solely by the occupant and does not exceed three-quarter tons in rated capacity, may be stored on the lot.

(2) Civic uses and places of assembly. Where churches, civic clubs, community centers, auditoriums, lodge halls, gymnasiums and stadiums share parking facilities where adjacent business establishments, such parking facilities shall be located within a walking distance of not more than 250 feet from the entrance of the main building of said use.

(3) Business and office uses.

(a) Accessory parking facilities shall be provided on the same lot as the main use served in the Central Business District, except where modified by the Planning Commission in accordance with the provisions of division (F) above. In such cases the nearest point of the parking lot shall be located within a walking distance of not more than 250 feet from the main entrance of the building served.

(b) A parking area serving the uses covered in this subsection shall be further regulated in relation in any adjoining residential district lines as set forth in § 155.17(F).

(I) Loading facilities. Accessory loading and unloading facilities shall be provided as a condition precedence to occupancy of all business, service and industrial buildings hereafter erected and altered, and shall be maintained as long as such building is occupied or unless equivalent facilities are provided in conformance with the regulations of this section.

(1) Allocation of use. Space required and allocated for any off-street loading facility shall not, while so allocated be used to satisfy the space requirements for off-street parking. An off-street loading space shall not be used for repairing or servicing of motor vehicles.

(2) Location of facility. All required accessory loading facilities shall be related to the building and use to be served to provide for loading and off-loading of delivery trucks and other service vehicles and shall be so arranged that they may be used without blocking or otherwise interfering with the use of accessways, parking facilities, public streets or sidewalks. A required loading space shall not be located in a required front yard, or a required side or rear yard if adjoining a residential district. If a loading space is entirely enclosed, it may be located in such side or rear yard if approved by the Planning Commission.

(3) Access driveways. Each required off-street loading space shall be designed for direct vehicular access by means of a driveway, or driveways, to a public street in a manner which will least interfere with adjacent traffic movements and interior circulation. The access drive of an off-street loading facility shall be located so that the driveway centerline shall be not less than 50 feet from the nearest intersecting street right-of-way line.

(4) Minimum size criteria. A required off-street loading space shall be at least ten feet wide by at least 30 feet in length. The above area shall be exclusive of the maneuvering space, and each loading facility shall have a vertical clearance of at least ten feet.

(J) Schedule of required loading facilities. Accessory off-street loading spaces shall be provided as required for the following uses:

Use	Gross Floor Area of Building (sq. ft.)	Required Number of Spaces
Printing, publishing warehouses, storage establishments	3,000 to 40,000 square feet	1
	40,000 to 100,000 square feet	2
Retail store, all types	3,000 to 20,000 square feet	1
	20,000 to 50,000 square feet	2
	50,000 to 100,000 square feet	3
Servicing, cleaning, repairing, testing, or manufacturing establishments	3,000 to 40,000 square feet	1
	40,000 to 100,000 square feet	2
	Each additional 100,000 square feet	1 additional space

(K) Approval of facilities. Detailed drawings of accessory off-street parking and loading facilities shall be submitted in accordance with all the provisions of this section for review by the Planning Commission. The Planning Commission may required structural or landscape features such as bumper guards, curbs, walls, fences, shrubs, ground cover or hedges to further carry out the objectives of this chapter before an application is approved and a building permit or certificate of occupancy may be issued.

(L) Parking of vehicles weighing over seven tons on public streets in Residential Districts.

(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

RESIDENTIAL DISTRICT. All districts designated as R-1, R-2 or R-3.

WEIGHT. The total avoirdupois weight of the vehicle and load and does not refer to the axle load or wheel load.

(2) Prohibition. No person shall park a vehicle upon a public street within a residential district within the village which has a weight in excess of seven tons, nor shall the owner of a vehicle with a weight in excess of seven tons permit such a vehicle to be parked upon a public street within a residential district within the village.

(Ord. 656-70, passed 2-16-1970; Ord. 797-80, passed 8-18-1980)

§ 155.31 SIGN REGULATIONS.

(A) Intent. Sign regulations, including provisions to control the type, design, size, location, motion, illumination and maintenance thereof, are established in order to achieve, among others, the following purposes:

(1) To maintain high value residential districts and promote attractive public facilities, by permitting only name plates, bulletin boards and signs related to the development, rental or sale of properties in such districts;

(2) To provide reasonable, yet appropriate, conditions for advertising goods sold or services rendered in business districts by relating the size, type and design of signs to the type and size of establishments;

(3) To eliminate any conflict between advertising signs and traffic-control signs which would be hazardous to the safety of the motoring public or the pedestrian;

(4) To control the design of signs so that their appearance will be esthetically harmonious with an overall urban design for the area; and

(5) To promote the most desirable developments and economic activity in accordance with the objectives of the zoning code.

(B) Establishing regulations.

(1) Signs shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design, size, location, illumination and other provisions set forth in this section.

(2) The construction, erection, safety and maintenance of all signs shall be in accordance with the Building Code. The provisions of this section shall not amend or in any way interfere with other codes, rules or regulations governing traffic signs within the village.

(3) The display of official public notices, and the flag, emblem or insignia of an official governmental body shall not be governed by the provisions of these regulations.

(1) Definition. SIGN means any display, figure, painting, drawing, placard, poster or other device visible from a public way which is designed, intended or used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product. It may be a structure or part thereof printed on or attached directly or indirectly on a structure;

(2) Classification by use types. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BULLETIN BOARD. An announcement sign which directs attention to and is located on the lot of a public or semi-public institution.

BUSINESS SIGN. A sign which directs attention to the name of the business or establishment, the goods or commodities sold, or services rendered, on the lot on which the sign is located.

DIRECTIONAL SIGN. A sign indicating the direction to which attention is called either on the lot on which the sign is located or which directs attention to another location.

IDENTIFICATION SIGN. A sign, indicating the name, owner or manager of an existing project, structure or building.

INDUSTRIAL OR SERVICE SIGN. A sign which directs attention to the name, service or industrial establishment, goods produced or sold, or service rendered, on the lot on which the sign is located.

INFORMATIONAL SIGN. A sign which is designed to give general information to the public concerning the location of places for lodging or eating, vehicle service, natural phenomena, weather, time, historic sites, areas of natural scenic beauty or outdoor recreation facilities and similar information.

NAMEPLATE. A sign indicating the name, address of the profession of the person or persons occupying the lot or a part of a structure or building.

PROJECT SIGN. A sign which directs attention to the promotion, development and construction of the property on which it is located and which identifies the architects, engineers, contractors and other individuals or firms involved with the construction.

REAL ESTATE. A sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed.

TEMPORARY SIGN. A sign of any type to announce special events or sales, to announce the sale, lease or rental of property, and designed for use for a limited period of time.

(3) Classification by structural types.

CANOPY SIGN. A sign attached to the soffit or fascia of a canopy, of a covered entrance or walkway, or to a permanent awning or marquee.

GROUND SIGN. A freestanding sign which is supported by one or more poles, posts or braces in or upon the ground.

POLE SIGN. A sign which is supported wholly by a pole or poles and designed so as to permit pedestrian or vehicular traffic thereunder.

PROJECTING SIGN. A sign, other than a wall sign, erected on the outside wall of a building and which projects out at an angle therefrom.

WALL OR PANEL SIGN. A sign integrated with the exterior face of an exterior wall of a structure or building, or attached to the wall or parallel with the wall and projecting not more than 12 inches therefrom.

WINDOW SIGNS. A sign painted, attached or affixed to the exterior or exterior surface of windows or doors of a structure or building.

(D) Measurement standards. Signs are regulated in this chapter by relating the gross area of signs to the building or use of a lot, or to the size of the building unit to which the sign is accessory.

(1) (a) The “gross area of signs” for a building or use shall include all the surfaces visible from a public way and shall be measured as the area enclosed by one rectangle, the sides of which make contact with the extreme points or edges of the sign, excluding the supporting structure if such structure does not form a part of the advertisement of the sign proper.

(b) The area of a sign composed of characters or words attached directly to a large, uniform structure or building wall surface shall be the smallest rectangle which enclosed the entire group.

(2) Whenever the gross area of the signs are related to the size of the structure, building or lot:

(a) The “frontage of a building” shall be the width of the facade of the structure, building, store, service or office unit which faces the principal street, or the facade containing the main entrance of a store, office, service or manufacturing building; for corner buildings half of the building depth facing the side street may be included in the frontage width factor.

(b) The “frontage of a lot” not occupied by a building shall be the number of lineal feet the lot abuts on the principal street.

(3) Buildings or lots having frontage on a second street or a secondary entrance to a parking area, may be permitted additional signs along such secondary streets which shall, however, not exceed 20% of the area of the signs permitted along the main facade.

(E) Design standards. Signs, as permitted in the various use districts shall be designed so as to be similar in character with regard to materials, color and size to signs designed or located on the same building and on adjoining buildings in order to equalize the attention they are meant to attract, and to produce an overall unified effect and in accordance with the standards set forth in this section.

(1) Wall or panel sign shall not project more than 12 inches from the structure or building wall to which it is attached and shall be setback from the end of the building and party wall lines for a distance of at least two feet and shall not project beyond any corner or above the coping or eaves of any structure or building.

(2) Projecting signs may be attached to the structure or building wall or canopy and project at an angle of approximately 90 degrees for a distance of not more than five feet or project over the cornice line more than one-third of the total height of the sign. Projecting signs shall be located not less than five feet from a party wall line and the lowest member of a projecting sign shall be at least eight feet above a public sidewalk and 15 feet above any drive. Signs shall not project into any dedicated right-of-way.

(3) Pole signs may be attached to the structure or building wall or canopy and project at an angle of approximately 90 degrees for a distance of not more than five feet or project over the cornice line more than one-third of the total height of the sign.

(4) Permanent ground signs shall not extend 50 feet in any district where such signs are permitted.

(5) Vertical dimension is the lowest member for all signs which project or are supported on posts, shall be not less than eight feet above the finished grade of a sidewalk or any other pedestrian way; and if located over a pavement used for vehicular traffic or within 18 inches of the vertical projection of the edge of such pavement, the lowest member of the sign shall be not less than 15 feet above the finished pavement.

(6) Relation to openings: signs shall not project over or obstruct the required windows or doors of any structure or building, shall not be attached to or obstruct a fire escape or interfere with other safety provisions as may be further regulated in other codes.

(7) Relation to traffic devices: signs shall not be erected so as to obstruct “sight lines” along any public way, traffic-control lights, street name signs at intersections or street sight lines or signals at railroad grade crossings. Signs visible from the sight lines along a street shall not contain an arrow or words such as “stop”, “go”, “slow” and the like. And the movement, content, coloring or manner of illumination shall not resemble highway traffic signs. Flashing or moving illumination shall be permitted only by approval of the Planning Commission.

(F) Illumination of signs. Light sources to illuminate signs shall be shielded from all adjacent residential buildings and streets and shall not be of such height so as to cause glare hazardous to pedestrians or auto drivers or so as to cause reasonable objection from adjacent residential districts.

(G) Residential districts. Accessory signs in any residential district shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the regulations as follows.

(1) The types of signs permitted as to use, structure, size and number for each dwelling or lot shall be regulated as follows.

(a) One nameplate indicating the occupant’s name, and house number, not exceeding ten square feet in area may be located on any structure or building or lot but not less than ten feet from any lot or street right-of-way line. In a multifamily district one permanent identification sign, indicating the name, owner or manager of the multifamily project, not exceeding 20 square feet in area shall be permitted facing each major street but not less than ten feet from a side lot line and ten feet from any street right-of-way line.

(b) One directional or no trespassing sign not exceeding five square feet in area shall be permitted on any building or lot located not less than ten feet from any lot line or street right-of-way;

(c) One real estate sign, advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed, not exceeding ten square feet in area of five feet in height, shall be permitted for each dwelling or lot, provided, said sign shall be located not less than ten feet from any lot or street right-of-way line; illumination shall not be permitted.

(d) Subdivision project signs not exceeding 100 square feet in total area may be permitted while a subdivision is under construction provided said sign is located not less than 50 feet from any occupied residence and not less than ten feet from the nearest street right-of-way line. Permits for such signs shall be for a period not exceeding one year, however, such permits may be renewed while construction is pursued diligently. Project signs shall be removed within 30 days of the commencement of the intended use.

(e) One bulletin board or announcement sign not exceeding 20 square feet in area or five feet in height may be located on the premises of a public charitable or religious institution in any residential district but not less than ten feet from any residential lot line or less than ten feet from the nearest street right-of-way line; indirect illumination shall be permitted.

(H) Business district signs. Accessory signs in Convenience, General and Central Business Districts shall be designed, erected, altered, moved and maintained, in whole or in part in accordance with regulations as follows.

(1) Use types permitted.

(a) Business signs, directing attention to the business establishment;

(b) Directional signs, to direct pedestrians and vehicles;

(d) Real estate and project signs of a temporary nature.

(2) Structural types permitted. Wall or panel, canopy, ground, projecting and pole signs, shall be permitted in accordance with regulations set forth in this section in any Convenience, General or Central Business District.

(3) Maximum area and number permitted.

(a) Generally. The maximum gross area of all permanent signs permitted for each separate use occupying a structure of building, unit of a building or lot not occupied by a structure or building shall be related to the width of the structure or building, unit thereof or lot not occupied by a structure or building, adjusted, however, so that the smaller establishments may be permitted reasonable sign areas and so that the larger establishments may not have excessive sign areas. Signs accessory to a structure or building or unit thereof shall be determined by the following formula:

Maximum gross area of signs = (W x 1.5) + 40 square feet

(b) Formula elements. The elements of said formula being defined as follows:

1. “Maximum gross area” means the “total area of all permanent signs”; and

2. “W” means the “frontage of a structure or building” as defined in division (D) above.

1. Signs permitted for each separate use of a lot not occupied by a structure or building shall be determined by the following formula:

Maximum gross area of sign = (W x .75)

2. Example: Assume a 30 foot wide store facing one street in a General Business District: Maximum gross area of signs equals 30 x 1.5 + 40 = 85 square feet.

(I) Business sign location and supplementary area regulations. Accessory signs in any business district shall be also controlled by location and supplementary area regulations as follows.

(1) Wall signs. A single wall sign shall not exceed 150 square feet in total area.

(2) Protective signs. Protective signs shall be limited to not more than one for each establishment or store unit and shall not exceed 50 square feet in total area for each face visible from any location on a public way. Projecting signs shall be located not less than five feet from a side lot line and not less than ten feet from any residential district boundary line. Signs shall not project into any dedicated right-of-way.

(3) Pole signs. Pole signs may be located within required yards if approved by the Planning Commission and shall be not less than ten feet from any residential district boundary line. In Convenience and/or General Business Districts, the maximum size of any face of a pole sign shall not exceed 70 square feet in area. The support for a pole sign shall not be located within, nor shall such sign project over, any dedicated right-of-way.

(4) Canopy or covered walk signs. Canopy or covered walk signs may be attached to the soffit or fascia of a canopy or roof over a walkway structural member; however, the vertical dimension of such signs, including the fascia, shall not exceed five feet and the lowest member shall be not less than eight feet above the sidewalk grade.

(5) Ground signs. Ground signs shall not be located within required yards unless approved by the Planning Commission. Any ground sign shall not be less than ten feet from another business lot or street right-of-way line and not less than 20 feet from any residential district boundary line.

(6) Canopy signs for indoor theaters. The Planning Commission shall determine the size, area, and design of signs for each indoor theater in accordance with conditional use permit procedures set forth in § 155.50(G).

(7) Permanent directional signs. Permanent directional signs, indicating traffic routes and similar functions shall be permitted in addition to the other limitations of this section provided each sign does not exceed five square feet in area and is not closer than ten feet of any lot or street right-of-way line.

(8) Temporary project signs. Temporary project signs not exceeding 100 square feet in total area for each street frontage shall be permitted if located on the lot which is occupied by the building or use promoted or if announcing a proposed structure or building or a structure or building under construction. Such project signs shall be located not less than 50 feet from the nearest residential lot line and not less than ten feet from the nearest street right-of-way line. Permits for such signs shall be for a period not exceeding open year, however, such permits may be renewed while construction is pursued diligently. Project signs shall be removed within 30 days of the commencement of the intended use.

(9) Other temporary signs. Other temporary signs announcing sales, new products or special business events may be permitted in addition to the maximum gross area of a permanent business sign, and may be placed on the inside of windows and doors and on the exterior of any structure or building, provided said signs are not displayed more than 60 consecutive days.

(J) Industrial District signs. Accessory signs in Light and Heavy Industrial Districts shall be designed, erected, altered, moved and maintained in whole or in part, in accordance with the schedule and regulations as follows.

(1) Use types permitted.

(a) Directional signs of the type permitted and as regulated in business districts;

(b) Service and industrial signs, name plates and identification signs; and

(2) Structural types permitted. Wall or panel canopy, ground, projected and pole signs.

(3) Maximum area and number permitted. The maximum gross area of all permanent signs permitted for each separate use occupying a structure or building, or a unit of a structure or building in any industrial district shall be directly related to the width of the structure or building or unit thereof as follows.

(a) Light Industrial District. The maximum gross area of signs shall not exceed two square feet for each lineal foot of structure or building frontage.

(b) Heavy Industrial District. The maximum gross area of signs shall not exceed three square feet for each lineal foot of the building frontage, provided, however, the maximum area of any permanent identification sign shall not exceed 500 square feet on the lot occupied by the structure or building to which the sign is accessory.

(K) Industrial District sign location.

(1) Signs shall be located so as to maintain the same setback and yards as required for structures or buildings except one commercial or industrial ground or pole sign may be permitted within the required yards if approved by the Planning Commission.

(2) Ground and pole signs shall be located not less than 20 feet from any adjacent residential district in a Light Industrial District and 50 feet in any Heavy Industrial District.

(3) A permanent ground or pole sign shall not be located closer than ten feet to a public street right-of-way in any industrial district. The design of wall or panel, canopy, ground, projected and pole signs in any industrial district shall be in accordance with the standards set forth in division (E) above.

(a) Application for permits.

1. Application for permits to erect, place, paint, illuminate or alter a sign shall be made by the owner or lessee of the property for which a sign is proposed. The application shall be made either separately or with the application for a building permit.

2. A sign permit shall be required for all permanent signs as follows:

a. Residential districts: if the sign exceed 20 square feet in area;

b. Business districts: if the total area of the sign exceeds 100 square feet in area. A permit shall not be required for placing permanent signs on the surface of windows or doors; and

c. Industrial district: if the total area of the signs exceeds 300 square feet.

(b) Application.

1. Each application shall be accompanied by drawings to scale, showing:

a. The design and layout proposed including the total area of the sign, the size, character, materials and color of letters, lines and symbols;

b. The method of illumination, if any;

c. The exact location of the sign in relation to the structure or building and property; and

d. Details and specifications for construction, erection and attachment as may be required by the building.

2. In the development of a group of stores and services in any business district, a plan for the signing of said development shall be submitted to the Planning Commission for review and approval in accordance with the provisions set forth in § 155.17.

(M) Maintenance of signs. All signs and sign structures shall be maintained in a safe and attractive condition. Signs which no longer serve the purpose for which they are intended, or which have been abandoned or are not maintained in accordance with this chapter and other applicable regulations of the village shall be removed by the latest permit holder or by the village at the expense of such permit holder.

(N) Nonconforming signs.

(1) A sign conforming as to the regulations prevailing on the effective date of this chapter but which does not conform with the regulations of this chapter or subsequent amendments shall be construed as a legal nonconforming sign.

(2) Nonconforming signs may be maintained and structural parts repaired or restored to a safe condition if required and if a permit is issued provided, however, that any sign or parts thereof which has been blown down, destroyed or otherwise taken down for any purpose shall not be rebuilt, re-erected or relocated unless it shall be made to comply with the provisions of this chapter and the Building Code.

(O) Removal of signs. Whenever the removal or maintenance of any permanent sign has been ordered by the Building Department, the person, firm or corporation who erected such a sign or on whose premises such sign or display structure has been erected, affixed or attached shall remove or maintain such sign within 30 days after receiving such notice. In the event of noncompliance, the Building Department may remove or cause to be removed or maintain such sign at the expense of the person, firm or corporation who erected such sign or on whose premises it was erected, affixed or attached and each such person, firm or corporation shall be individually and separately liable for the expense incurred in the removal of said sign.

(Ord. 656-70, passed 2-16-1970)

§ 155.32 NONCONFORMING USES.

(A) Intent. Regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of nonconforming structures, buildings, land uses are established in order to achieve, among others, the following purposes:

(1) To permit the continuance but control nonconformity so as to minimize any adverse affect on the adjoining properties and development;

(2) To regulate their maintenance and repair;

(3) To restrict their rebuilding if substantially destroyed;

(4) To require their permanent discontinuance if not operated for certain periods of time; and

(5) To require conformity if it is discontinued, to bring about eventual conformity in accordance with the objectives of the zoning code.

(B) Lawful nonconformance. The lawful use of any dwelling, building or structure and of any land or premises as existing and lawful at the time of enacting this chapter, may be continued, although such use does not conform to the provisions of this chapter. The completion, restoration, reconstruction, extension or substitution of nonconforming uses shall be subject to the provision and conditions as set forth in this section.

(C) Discontinuance and abandonment. Any nonconforming use of land or building shall be considered abandoned when the owner, lessee or tenant has discontinued such use for one year or more, or when the nonconforming use has been replaced by a conforming use.

(D) Maintenance and repair. A nonconforming building or structure may be continued to be used and normal repairs and improvements may be made. For the purpose of this chapter, normal repairs shall include the ordinary maintenance of a building or structure, and the replacement of equipment which is required for safety of operation, and the replacement or substitutions of machinery or equipment. It shall not include the replacement of the structure or structural parts in any nonconforming building or structure except when required by law to restore same to a safe condition, or to make the building, use or structure conforming.

(E) Restoration of damaged structure.

(1) Any nonconforming building or structure which has been destroyed or damaged by fire, other casualty, act of God or by a public enemy to the extent of 50% or more, of its costs or restoration to the condition in which it was before the occurrence, shall thereafter conform to all the provisions of this chapter.

(2) The total structural repairs, improvements and alterations including repairs occasioned by fire, other casualty, act of God or by a public enemy to the extent of less than 50% of its cost of restoration, shall not, during the life of the structure or use after the enactment of this chapter, exceed 50% of the reproduction value of the structure as of the date of enactment of this chapter, unless the structure or use by permanently changed to a conforming use.

(3) Determination of the production value shall be made by three practicing building construction contractors, one to be appointed by owner, one to be appointed by the village and the third to be selected by the mutual consent of the two parties.

(4) In the case of repair or replacement of partial destruction of the structure, a building permit must be applied for within six months of the destruction and repairs must be completed within six months of the issuance of the permit or the nonconforming structure or use shall be considered to be abandoned.

(F) Extension prohibited. Any nonconforming building or structure shall not be enlarged or structurally altered except to make it a conforming building or a structure. A nonconforming use may not be extended within a building or structure enlarged or added to in any manner.

(G) Nonconforming change prohibited. The use of a nonconforming building or structure may be changed only to a use conforming to the district in which the building or structure is located, and only if approved by the Planning Commission, after a public hearing. Thereafter, it shall not be changed back to the former nonconforming use.

(H) Moving nonconforming structure. A nonconforming building or structure may be moved to a different location on the same lot or other parcel of land within the district, with approval of the Planning Commission, after a hearing, and provided proper and adequate alterations are secured to make the building or structure conform to the regulations of the district where it is to be located.

(I) Nonconforming parking facilities. A building, use or structure existing lawfully at the time this chapter or any amendment thereto became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided; however, any parking spaces that may be provided thereafter shall comply with the regulations set forth in § 155.30. Furthermore, if the existing building use, or structure is altered so that there is an increase of the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more off-street facilities, then off-street parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building, use or structure in accordance with all provisions of § 155.30.

(J) Nonconforming due to amendments. The foregoing provisions of this section shall also apply to buildings, structures, land or other uses hereafter becoming nonconforming as a result of future reclassification of districts or of other amendments made to this chapter.

(Ord. 656-70, passed 2-16-1970)

§ 155.33 ESSENTIAL SERVICES.

(A) Intent. Provision for essential services requirements are established in order to achieve among others, the following purposes:

(1) To provide a reasonable assurance that rights-of-way, easement or other spaces will be available for the installation, placement, erection or construction of utility systems;

(2) To provide for the alteration and maintenance of such utility systems; and

(3) To promote the general convenience, welfare and prosperity of business, service, research, production and manufacturing developments and convenience to residences, all of which depend upon essential services.

(B) Scope of regulations. The extent of these provisions is to make possible the locating of essential services in any district, said essential services shall include:

(1) Facilities of public utilities, municipal departments or commissioners;

(2) Locations underground, on the surface, or overhead;

(3) Conveyances for gas, electrical, steam, wastes or water;

(4) The facilities may include collection, storage, transmission or distribution systems;

(5) The components of such facilities may include mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles and other similar equipment, and accessories in connection therewith, but not including buildings or towers; towers may be utilized subject to the issuance of conditional use permits in accordance with the provisions of § 155.50(G); and

(6) All of the aforementioned being reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health, convenience, safety or general welfare.

(Ord. 656-70, passed 2-16-1970)

§ 155.34 FENCES.

(A) Every property owner upon whose property a fence has been erected must maintain said fence in good condition at all times and, where applicable, keep said fence painted.

(B) All types of fence shall have a finished appearance on the outside.

(C) The following types of fences shall be prohibited: barbed wire, non-secure type of wire fence, any other materials that at the discretion of the Zoning Inspector could constitute a hazard to the safety and welfare of the general public.

(D) Front yard fences (to building line): all fences within the front yard setback line shall be open type fences only, with a maximum height of six feet.

(E) Side and rear yard fences: along side and rear yard, open and solid type fences are permitted to a maximum height of seven feet along side yard line and seven feet within the rear yard line.

(F) Fences not in excess of eight feet in height shall be permitted to be used as privacy screens around patios and pools in the rear lots of residence properties provided such fences are not located on any property line.

(G) Divisions (D), (E) and (F) above shall not apply to any fences where the law of the state or of the United States specifies otherwise due to the nature of the use of the property by the property owner if said use is otherwise in compliance with this zoning code.

(H) It is the intent of this section to provide a clear zone of 25 feet from all intersections for clear visibility of motorists. This 25 feet clear zone shall be free from all structures, fences and shrubbery which project into the line of visibility.

(Ord. 840-82, passed 8-16-1982) Penalty, see § 155.99

§ 155.35 SATELLITE DISH ANTENNAS.

(A) Definition. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

SATELLITE DISH ANTENNA SYSTEMS. Dish shaped antennas designed to receive microwave transmissions from satellites in earth’s orbit, primarily for television broadcasting.

(B) Accessory use. Satellite dish antennas shall be permitted as an accessory use in all zone districts, and are subject to requirements as follows.

(1) (a) In residential districts ground-mounted satellite dishes shall be limited to rear yard areas or the rearward portion of the lot or parcel.

(b) No part of the satellite dish shall be closer than five feet to the rear or side lot line.

(2) Ground-mounted satellite dishes shall be limited to a maximum diameter of ten feet or less.

(3) (a) Roof-mounted satellite dishes shall be located on the rearward portion of the roof as viewed from the front yard and shall not exceed five feet above the highest roof peak of the principal structure.

(b) Roof installations shall be mounted in accordance with manufacturer’s recommendations and be properly secured to prevent damage from wind and snow loads.

(c) The proper and secure installation of the unit is the sole responsibility of the property owner or individuals performing the installation.

(d) The village, by authorizing the installation by means of a building permit, does in no way, shape or form attest to the soundness of the installation and compliance with manufacturers recommendations.

(Ord. 976-88, passed 9-19-1988)