(a)

This division is enacted to ensure that future land development within the city provides land for park or recreational purposes in accordance with the city's comprehensive plan and this chapter.

(b)

On any residential project of more than ten housing units, the subdivider shall agree in writing to the dedication of a minimum of three percent of the land for neighborhood park and recreational purposes.

(c)

On any nonresidential project of more than 20 acres, the developer shall agree in writing to the dedication of a minimum of three percent of the land for recreational purposes, or make a payment equal to the cost of the parcel that would have been donated.

(d)

If it is determined by the city that a park or recreation facility in the proposed development is not feasible or if the size is one-half acre or smaller, then the developer shall pay a fee equal to three percent of the appraised value of the subdivision land. If a subdivider objects to the value determined, he may, at his own expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the city. This new appraisal must also be accepted by the city.

(e)

If money is given to the city instead of land, then these funds will be placed in a trust fund known as the park and recreational facilities reserve. This money will be used solely for the acquisition, improvement and expansion of parks and recreational facilities in the city.

(f)

The site location within a development must be approved by the city recreation director.

(Ord. No. 789, art. V, § 3.01, 8-11-92)

The city commission shall determine whether it will accept land dedication or elect to require payment of a fee in lieu thereof pursuant to this division by consideration of the following:

(1)

The topography, geology, access and location of land in the subdivision available for dedication.

(2)

The size and shape of the subdivision and land available for dedication.

(3)

The feasibility of dedication.

(4)

The availability of previously acquired park property.

(5)

Conformance with the recreation land use plan.

(Ord. No. 789, art. V, § 3.02, 8-11-92)

Up to 50 percent credit may be given toward the requirement of land dedication or payment of fees pursuant to this division as determined by the city commission. The following four requirements must also be met:

(1)

Yards, setbacks and other open space areas required by the zoning regulations of article III of this chapter and building ordinances are not included in the computation of such private open space.

(2)

Private ownership and maintenance of the open space must be ensured through recorded written agreement, conveyance or restrictions.

(3)

Private open space is restricted for park and recreational purposes unless the owner receives permission from the city commissioners to develop the parcel.

(4)

Private open space must be adaptable for park and recreational purposes, i.e., size, shape, topography, geology, access and location must be suitable.

(Ord. No. 789, art. V, § 3.03, 8-11-92)

The subdivider shall agree in writing to dedicate or pay a fee according to the city commission's decision. The commission will base its decisions on the standards in this division, after receiving a recommendation from the planning and development review board. At the time of the filing of the final plat, the subdivider must dedicate the land, pay a fee, or furnish a bond in the amount of 110 percent of the fees. This bond shall be paid upon the issuance of the first certificate of occupancy, or the transfer of title to any parcel or unit.

(Ord. No. 789, art. V, § 3.04, 8-11-92)

Purpose and intent. The general purpose and intent of these sign regulations is to promote health, safety and welfare of our citizens. The following goals are hereby set forth:

(1)

Protect property values.

(2)

Prevent the excessive and uncoordinated use of signs.

(3)

Make sure that signs are correctly located.

(4)

Assure a correct proportion between sign size and building size.

(5)

Safeguard against undesirable practices in sign construction.

(6)

Assure the aesthetic quality of signs.

(7)

Regulate the proper use of temporary signs.

(8)

Discontinue the use of billboard signs.

This section is applicable to all signage located within the city with the exception of signage located within the central business district.

(Ord. No. 822, § 1, 3-22-94)

A permit is required for all signs proposed within the city with the exception of exempt signs as noted in section 46-907 of this division. The permit is obtained from the office of the building official. All sign applications shall be processed within 45 days. If an application is not granted or denied within 45 days, the applicant shall notify the building official in writing and the building official shall have ten days from receipt to conclude the application processing. If the application still has not been granted or denied after ten days, it shall be deemed permitted.

(Ord. No. 822, § 2, 3-22-94; Ord. No. 1121-2021 , § 2, 12-28-21)

These sign regulations are intended to complement the requirements of the building and electrical codes adopted by the city. Wherever there is inconsistency between these regulations and the building or electrical code, the more stringent requirement shall apply.

(Ord. No. 822, § 3, 3-22-94)

Compliance with the requirements of these regulations shall not constitute a defense to an action brought to abate a nuisance under the common law.

(Ord. No. 822, § 4, 3-22-94)

All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes adopted by the city, and shall present a neat and clean appearance.

(Ord. No. 822, § 5, 3-22-94)

Unless otherwise specifically provided, the words and phrases defined in this section shall have the following meanings when used in this chapter:

Abandoned sign. A sign that is located on a property which becomes vacant and is unoccupied for a period of at least 90 days or any sign that pertains to a time, event or purpose that no longer applies. Signs applicable to a business temporarily suspended due to change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for at least 180 days.

Bench sign. A sign located on any part of the surface of a bench or seat placed on or adjacent to public right-of-way.

Building sign. A sign displayed upon or attached to any part of the exterior of a building, including walls, windows, doors, parapets, marquees, and roof slopes of 45 degrees or steeper.

Central business district. Those nine blocks centered around the courthouse and bounded on the North by Franklin Street, on the East by Duval Street, on the South by Crawford Street, and on the West by Munroe Street, within the city.

Clear visibility triangle. A triangle starting at the point of intersection of a street and driveway with each leg extending 18 feet along the street and driveway and the third leg connecting the end points of the first two legs.

Damaged or deteriorating sign. A sign that has its color and/or graphics significantly damaged to change the original look of the sign.

Dangerous sign. A sign, which due to its condition, endangers the public safety.

Directional sign. An off-site sign used to make the public aware of the location of a business located off of a collector or arterial road.

Directory. Panel(s) placed on the entrance wall of a building listing the room and/or floor number of the occupants and/or businesses.

Erect a sign. To construct, reconstruct, build, relocate, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; but it shall not include any of the foregoing activities when performed as an incident to the change of message, or routine maintenance.

Free-standing or ground sign. Means any sign not attached to a building but that is freestanding and within the property boundaries of the site.

Hanging sign. Means any sign suspended from the building or an attached structure.

Multiple occupancy complex. A commercial use, (i.e. any use other than residential or agricultural), consisting of a parcel of property, or parcel of immediately adjacent properties, existing as a unified or coordinated project, with a building or buildings housing more than one occupant.

Mural sign. A painted picture that is at least 15 feet in height and 30 feet in length and that is made as an integral part of an outdoor wall surface of a building.

Nonconforming sign. Any sign in existence on the date of the passage of this code which violates any provisions contained herein.

Parcel. A unit of land within legally established property lines. If, however, the property lines are such as to defeat the purposes of this code or lead to absurd results, a parcel may be as designated for a particular site by the city building official.

Permanent. Designed, constructed, and intended for more than short term use.

Portable sign. Any sign which is manifestly designed to be transported by trailer or on its own wheels, including such signs even though the wheels may be removed and the remaining chassis or support structure converted to an A or T frame sign and attached temporarily or permanently to the ground.

Roof sign. A sign placed above the roof line of a building or on or against a roof slope of less than 45 degrees.

Sign. Any writing, pictorial presentation, number, illustration, or decoration, flag, banner or pennant, or other device which is used to announce, direct attention to, identify, advertise or otherwise make anything known. The term sign shall not be deemed to include the terms "building" or "landscaping," or any architectural embellishment of a building not intended to communicate information.

Sign face. The part of a sign that is or may be used for copy.

Sign structure. Any construction used or designed to support a sign.

Snipe sign. Any sign of any size, made of any materials, including paper, cardboard, wood, metal, when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences or other objects, and the advertising matter appearing thereon is not applicable to the premises upon which the sign is located.

Storefront. The side of the building on street frontage or contains the main entrance(s) whichever is greater. Any store on a corner may have multiple different storefronts (one on each street front), all others have only one.

Street. A public or private right of way for vehicular traffic, including highways, thoroughfares, lanes, roads, ways, and boulevards.

Vehicle sign. Any sign affixed to a vehicle.

Window or door sign. Shall mean any sign installed so as to be of a permanent nature in or on the window or door of any building, visible from any public right of way.

(Ord. No. 822, § 6, 3-22-94; Ord. No. 1121-2021 , § 2, 12-28-21)

Except as specifically provided below, the following signs are exempt from these sign regulations, and from the requirement in this Code that a permit be obtained for the erection of permanent signs, provided they are not placed or constructed so as to create a hazard of any kind:

(1)

Signs that are not designed or located so as to be visible from any street or adjoining property.

(2)

Signs necessary to promote public safety, to ensure compliance with state or federal regulatory or statutory requirements, or for traffic control, and which are erected on public property with permission as appropriate from the State of Florida, the United States, the City of Quincy, or Gadsden County.

(3)

Legal notices and official instruments.

(4)

Merchandise displays behind storefront windows so long as no part of the display moves or contains flashing lights.

(5)

Text or images cut into any masonry surface or when constructed of bronze or other incombustible materials and attached to the surface of a building.

(6)

Signs incorporated into machinery or equipment by a manufacturer or distributor, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, and gasoline pumps.

(7)

Public warning signs to indicate the dangers of trespassing, swimming, animals, or similar hazards.

(8)

Signs carried by a person.

(9)

Free-standing or ground signs larger than 60 square feet in size or 20 feet in height that were erected prior to the effective date of this division.

(10)

All valid state and local traffic and parking regulation signs.

(11)

Signs on building doors, or inside door glass, at the street level entrance that do not exceed 50 percent of the door's surface area.

(Ord. No. 822, § 7, 3-22-94; Ord. No. 1121-2021 , § 2, 12-28-21)

(a)

If a nonconforming sign is removed or its use discontinued for a continuous period of not less than 180 days, every future use shall be in conformity with the provisions of this division.

(b)

No nonconforming sign shall be enlarged or its use extended except in conformity with the provisions of this division, and no nonconforming sign destroyed or damaged to the extent of 50 percent or more of its use, shall be repaired or restored except in conformity with the provisions of this code.

(a)

It shall be unlawful to erect, cause to be erected, maintain, or cause to be maintained, any sign not expressly authorized by, or exempted from this code.

(b)

The following signs are expressly prohibited unless exempted by section 46-907 of this division or expressly authorized by section 46-911 of this division:

(1)

Signs that are in violation of the building code or electrical code adopted by the city.

(2)

Any sign that, in the judgment of the building official and/or chief of police, does or will constitute a safety hazard.

(3)

Signs with visible moving (or with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy), revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means.

(4)

Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, except that the following are permitted:

a.

Flashing or illuminated storefront window signs that are one foot or less in height and two feet or less in length, and

b.

Merchandise displays behind storefront windows where no part of the display moves or contains flashing lights.

(5)

Strings of light bulbs used on commercially developed parcels for commercial purposes, other than traditional holiday decorations.

(6)

Signs that incorporate projected images, emit any sound that is intended to attract attention, or involve the use of live animals.

(7)

Signs that emit audible sound, odor, or visible matter such as smoke or steam.

(8)

Signs or sign structures that interfere in any way with free use of any fire escape, emergency exit, or standpipe, or otherwise obstruct any window to such an extent that light or ventilation is reduced to a point below that required by any provision of this division or other ordinance of the city.

(9)

Signs that resemble any official sign or marker erected by any governmental agency, or that by reason of position, shape or color, would conflict with the proper functioning of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination that may be reasonably confused with, construed as, or conceal, a traffic control device.

(10)

Signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public streets.

(11)

Signs that contain any lighting or control mechanism that causes unreasonable interference with radio, television or other communication signals.

(12)

Searchlights.

(13)

Signs that are painted, pasted, or printed on any curbstone, flagstone, pavement, or any portion of any sidewalk or street, except house numbers and traffic control signs for public safety purposes.

(14)

Signs erected on public property, other than signs erected by public authority for public purposes, and signs authorized in writing pursuant to F.S. § 337.407.

(15)

Signs erected over or across any public street or sidewalk except as may otherwise be expressly authorized by this division.

(16)

Vehicle signs with a total sign area on any vehicle in excess of ten square feet.

(17)

Free-standing or ground signs larger than 60 square feet in size or 20 feet in height, unless such signs were erected prior to the effective date of this division.

(18)

Snipe signs as defined by this division.

(Ord. No. 822, § 9, 3-22-94; Ord. No. 1121-2021 , § 2, 12-28-21)

Abandoned and dangerous signs shall be addressed using the following process:

(1)

The owner of any abandoned sign or the person or firm maintaining same, or the owner of the property upon which an abandoned sign exists, shall upon written notice from the city building official, repair, secure, or remove said sign within ten days from the date the notice is sent.

(2)

If said sign is not repaired, secured, or removed as directed in the notice, within the ten day time period, the building official shall, after due notice to the owner, agent, or person in control of the sign and the owner of the property on which said sign is located, affording them an opportunity to be heard, cause said sign to be removed.

(3)

Removal shall be done by the city, and all costs, including administrative costs, shall be assessed against the property upon which the sign was located.

(4)

If the sign is, in the opinion of the building official, unsafe to the extent that it involves eminent danger to human life or health, the building official shall promptly cause said sign to be made safe or removed.

(5)

If the abandoned sign is also a nonconforming sign, the provisions hereinafter contained relating to the repair of nonconforming signs shall also apply.

(Ord. No. 822, § 10, 3-22-94)

Site development permits and certificates of completion shall be required for all permanent signs. The following permanent signs shall be permitted:

(1)

Multi-family dwelling. One sign not exceeding 32 square feet in sign surface area and not exceeding eight feet in height above finished grade on each street side on a parcel containing a three-or-more family dwelling. Such sign shall not contain interior illumination.

(2)

Subdivision entrance. One sign per entrance not exceeding 32 feet in sign surface area and not exceeding eight feet in height above finished grade on each street side from which the subdivision is entered. Such sign shall contain no interior illumination. A second sign is allowed as a conditional use.

(3)

Residential care facility or day care facility. For purposes of public safety, one unlighted attached sign not exceeding six square feet in sign surface area on a parcel containing a residential care facility or a day care facility located in a residential district. Such use located where permitted in any other zoning district shall comply with code provisions.

(4)

Public and semi-public. One attached sign not exceeding 12 square feet in sign surface area and one detached or freestanding sign not exceeding 32 square feet in sign surface area and not exceeding 15 feet in height above finished grade on each street side on a parcel containing uses indicated in the land use regulation schedules as public and semi-public.

(5)

Commercial and industrial. Signs shall be permitted on commercially and industrially zoned parcels subject to the following provisions:

a.

The aggregate sign surface area of all attached signs on any parcel shall not exceed ten percent of the total area of the front building facade (height in linear feet times width in linear feet).

b.

One freestanding or detached sign shall be allowed provided that the aggregate sign surface area of all such freestanding signs on any parcel shall not exceed ten percent of the total area of the front building facade (height in linear feet times width in linear feet). No freestanding sign shall exceed 25 feet in overall height above finished grade.

c.

One freestanding or detached sign per store front shall be permitted.

d.

Two freestanding or detached signs per store front shall be permitted as a conditional use if:

1.

The parcel is being utilized for multiple approved uses.

2.

The parcel contains two or more buildings, each of which contain a use under separate ownership and with a separate identity from other uses on the premises.

(e)

Signage protruding over the public right-of-way shall be, at a minimum, nine feet in height above the sidewalk and cannot extend more than within 18 inches of the curbline.

(f)

In a multiple occupancy complex (more than one business in a building) a directory sign not to exceed four square feet in area can be placed in addition to other signage allowed in this section. This sign must be mounted on the wall adjacent to the main building entrance.

(g)

No building sign shall extend beyond any edge of the surface to which it is attached.

(h)

A portable sign shall be allowed in the commercial and industrial districts in addition to the freestanding or detached signs allowed. The portable sign can be used for up to 30 days at a time up to three times a year (not to exceed 90 days a year) and requires a permit from the building official.

(i)

Conditional use approval. Conditional use approval of two freestanding or detached signs shall not increase the maximum aggregate sign surface area of the freestanding or detached sign in question.

(j)

The total signage allowed on a site cannot exceed 20 percent of the store front area. Transfer of area between building signs and freestanding signs is allowed.

(Ord. No. 822, § 11, 3-22-94; Ord. No. 1121-2021 , § 2, 12-28-21)

(a)

Size. Non-permanent signs shall be permitted up to a total of nine square feet on a parcel for residential land uses and 32 square feet on a parcel for commercial and industrial uses.

(b)

Location. All such signs shall be located on private property, shall not be less than 30 feet from the curbing of any street intersection, and shall not be located in a street right-of-way.

(c)

Signs over or across public streets. To further the city's interests in public safety and aesthetics, except as otherwise expressly authorized by this division, signs over or across any public street are permitted only on a temporary basis and only pursuant to the obtaining of a permit under section 62-121, et seq., of the Code of Ordinances of Quincy, Florida.

(Ord. No. 822, § 12, 3-22-94; Ord. No. 1121-2021 , § 2, 12-28-21)

All mural signs shall conform to the following guidelines, except for those already in existence prior to the effective date of this division:

(1)

Murals must be at least 15 feet in height and 30 feet in length.

(2)

Murals may co-exist with other types of signs.

(3)

All mural designs shall first be submitted to the Quincy Planning and Development Review Board prior to permitting by the building official.

(Ord. No. 822, § 13, 3-22-94; Ord. No. 1121-2021 , § 2, 12-28-21)

One sign no larger than 12 square feet in size and located within 20 feet of an entrance or exit route to any use is allowed without permit.

( Ord. No. 1121-2021 , § 2, 12-28-2021)

Editor's note— Ord. No. 1121-2021 , § 2, adopted December 28, 2021, repealed the former § 46-914, and enacted a new § 46-914 as set out herein. The former § 46-914 pertained to directional signals and derived from Ord. No. 822, adopted March 22, 1994.

(a)

Facade area. The facade area shall be measured by determining the area within a two-dimensional geometric figure coinciding with the edges of the walls, windows, doors, parapets, marquees, and roof slopes of greater than 45 degrees that form a side of a building or unit.

(b)

Sign area.

(1)

Generally. The area of a sign shall be the area within the smallest square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points or edges of the sign face.

(2)

Special situations.

a.

Where a sign is composed of letters or pictures attached directly to a facade, window, door, or marquee, and the letters or pictures are not enclosed by a border or trimming, the sign area shall be the area within the smallest rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points of the letters or pictures.

b.

Where two sign faces are placed back to back on a single sign structure, and the faces are at no point more than four feet apart, the area of the sign shall be counted as the area of one of the faces.

c.

Where four sign faces are arranged in a square, rectangle, or diamond, the area of the sign shall be the area of the two largest faces.

d.

The area of a three-dimensional sign shall be twice the area of a geometric figure drawn around the sign. The geometric figure shall enclose the largest possible two-dimensional outline of the sign. The "projected image" is that image created by tracing the largest possible two-dimensional outline of the sign.

(Ord. No. 822, § 15, 3-22-94)

The height of a sign shall be measured as the vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher.

(Ord. No. 822, § 16, 3-22-94)

All permanent signs must comply with the following design, construction and location standards:

(1)

Illumination standards:

a.

Sign lighting may not be designed or located to cause confusion with traffic lights.

b.

Illumination by floodlights or spotlights is permissible so long as none of the light emitted shines directly onto an adjoining residentially zoned property, or into the eyes of motorists or pedestrians using or entering public streets.

c.

Illuminated signs shall not have lighting mechanisms that project more than 18 inches perpendicularly from any surface of the sign over public space.

(2)

Placement standards.

a.

Near street and driveway intersections. Signs in excess of two feet in height and located within a clear visibility triangle must conform to the following:

1.

The bottom of the sign must be at least eight feet above the highest crown of any adjacent street.

2.

The sign must be supported by a single structure that does not exceed eight inches in diameter.

b.

In right-of-Way. Supports for signs or sign structures shall not be placed in or upon a public right-of-way or public easement, except under the terms of a lease or license between the owner of the easement or right-of-way and the owner of the sign.

c.

Blocking exits, fire escapes, etc. No sign or sign structure shall be erected that impedes use of any fire escape, emergency exit, or standpipe.

(Ord. No. 822, § 17, 3-22-94)

Manufactured home parks are permitted as a use by right in areas zoned R-3.

(Ord. No. 789, art. V, § 5.01, 8-11-92)

The requirements for the concept plan for a manufactured home park or subdivision are the same as for any major development as outlined in article II of this chapter.

(Ord. No. 789, art. V, § 5.02, 8-11-92)

The approval process for a manufactured home park or subdivision is the same as for any major development as outlined in article II of this chapter.

(Ord. No. 789, art. V, § 5.03, 8-11-92)

(a)

Dimensional requirements for a manufactured home park or subdivision are as follows:

TABLE 7. DIMENSIONAL REQUIREMENTS

(b)

All manufactured homes built prior to 1973 must be inspected by the building official before they may be occupied. Any manufactured home built after 1973 must carry a seal from the U.S. Department of Housing and Urban Development (HUD).

(c)

All utilities for the park must be located underground.

(d)

Driveways may only front onto local roads.

(e)

The internal roads in the park must be paved and have a width of 12 feet for one-way traffic, or 24 feet for two-way traffic circulation.

(f)

Signs for the park are permitted as follows: one located at the entrance to identify the park, which may not exceed 16 square feet in sign surface area and not exceed six feet in height above finished grade, on each street side from which the park or subdivision is entered.

(g)

All utilities and easements must be dedicated to the city.

(h)

Each manufactured home must have an individual meter.

(i)

The city shall require the developer to provide supporting infrastructure to manufactured or mobile home parks and subdivisions.

(j)

All new manufactured or mobile home parks shall have sites for both singlewide and doublewide units, with adequate lot width to ensure that no unit is closer than 20 feet to another.

(Ord. No. 789, art. V, § 5.04, 8-11-92)

(a)

All infrastructure in a manufactured home park, including but not limited to paved roads, water and sewer lines, etc., must be maintained in good condition.

(b)

The owner of the manufactured home park must post a yearly bond or an equivalent security with the city. The building official will then be responsible to make a yearly inspection to ensure that the park's infrastructure is being maintained in good condition.

(Ord. No. 789, art. V, § 5.05, 8-11-92)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access means entrance to and exit from land bordering on a system of streets and roads.

Connection means driveways, streets, turnouts, sidewalks or other means of providing for the movement of vehicles, pedestrians or bicycles to or from the public street system.

Driveway means a path for a vehicle leading to or from abutting property.

Street, arterial means a route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is an arterial road.

Street, collector means a route providing service which is of relatively moderate average traffic volume, moderately average trip length and moderately average operating speed. Such a road also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs.

Street, local means a route providing service which is of relatively low average traffic volume, short average trip length or minimal through traffic movements, and high land access for abutting property.

(Ord. No. 789, art. V, § 1.02, 8-11-92)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

This division is intended to promote the safety of vehicular and pedestrian traffic, minimize traffic congestion, promote roadside aesthetics, and enhance the functional capacity of roads and highways within the city. The regulations set out in this division shall be in addition to those imposed by the state department of transportation and the county. Where two or more regulations conflict, the more stringent requirement shall apply. Facilities included in the state highway system shall be subject to the connection permitting process of the state department of transportation, as well as those described in this division. New development and renovation or rehabilitation of existing sites shall be required to remove all abandoned existing connections adjacent to the site. Such removal shall include repair of the curb, sidewalk and landscaped area as necessary.

(b)

All new developments will be required to build adequate traffic facilities according to design standards set by the city.

(Ord. No. 789, art. V, § 1.01, 8-11-92)

(a)

City staff may exempt certain properties from the provisions of this division:

(1)

When a variance in the design of a driveway would save trees or vegetation with a trunk diameter of 12 inches or more measured at 4.5 feet above the natural grade.

(2)

When a driveway would prevent a more suitable roadway or connection alignment at intersections.

(3)

When a driveway would prevent a more desirable alignment with existing or planned median cuts.

(4)

For a driveway shared by two adjacent properties.

(5)

For a driveway in the central business district.

(b)

All exemptions are subject to approval based on the submission of an approved site plan.

(Ord. No. 789, art. V, § 1.04, 8-11-92)

_____

(a)

The number of allowed driveways are as follows:

TABLE 1. NUMBER OF ACCESS POINTS BY ZONING

(b)

All parcels shall be allowed the number of driveways shown in this section, except for those properties restricted by subdivision plats or as otherwise stated in this division.

(Ord. No. 789, art. V, § 1.03(A), 8-11-92; Ord. No. 1077-2016 , § 11, 6-14-16)

The minimum distance between any two two-way driveway centerlines serving the same property are as follows:

TABLE 2. DISTANCE BETWEEN ACCESS POINTS ON ONE PARCEL

(Ord. No. 789, art. V, § 1.03(B), 8-11-92; Ord. No. 1077-2016 , § 12, 6-14-16)

Driveways should be located as far as feasible from intersections to provide for stacking and protection of left turn movements. Minimum distance from the intersecting right-of-way line to the nearest edge of the driveway shall be as follows:

TABLE 3. DISTANCE BETWEEN ACCESS POINTS AND INTERSECTIONS

(Ord. No. 789, art. V, § 1.03(C), 8-11-92; Ord. No. 1077-2016 , § 13, 6-14-16)

The minimum distance between the nearest edge of an access drive and any property line without a cross-access easement shall be as follows:

TABLE 4. DISTANCE BETWEEN ACCESS POINT AND PROPERTY LINE

(Ord. No. 789, art. V, § 1.03(D), 8-11-92; Ord. No. 1077-2016 , § 14, 6-14-16)

(a)

Width of two-way driveway access and radii shall be within the dimensions specified in this section. Actual width and radii shall be based on:

(1)

Classification of the roadway;

(2)

Number of access points to the parcel; and

(3)

Expected traffic demand, including truck usage.

TABLE 5. WIDTH AND RADIUS OF ACCESS DRIVES

(b)

Driveways shall be not less than ten feet in width for one-way traffic and 18 feet in width for two-way traffic, except that ten-foot-wide driveways are permissible for two-way traffic when:

(1)

The driveway is not longer than 50 feet;

(2)

It provides access to not more than six spaces; and

(3)

Sufficient turning space is provided so that vehicles need not back into a public street.

(Ord. No. 789, art. V, § 1.03(E), 8-11-92; Ord. No. 1077-2016 , § 15, 6-14-16)

The following dimensions shall apply to drives within the front yard setback of all single-family and duplex dwellings:

TABLE 6. DIMENSIONS FOR SINGLE-FAMILY AND DUPLEX DRIVES

(Ord. No. 789, art. V, § 1.03(F), 8-11-92)

Corner sites shall have sole access from the street with the lower functional classification, unless otherwise determined by the planning and development review board. Corner sites meeting the frontage requirements of section 46-751 may be permitted access to the roadway with higher functional classification provided the access restricts vehicular traffic to the right-turn-in-only and the right-turn-out-only movements. Service stations are exempt from this requirement.

(Ord. No. 789, art. V, § 1.03(G), 8-11-92)

Establishments engaged in the retail distribution of fuel for vehicles shall be permitted no more than two two-way access points per street frontage. Width of each of the driveways shall not exceed 42 feet. Service stations shall be exempt from all other provisions of this subdivision.

(Ord. No. 789, art. V, § 1.03(H), 8-11-92)

Owners of adjacent properties may, by written mutual agreement, be permitted to construct a single connection to a roadway to be used by both properties, provided that all requirements of this division are satisfied, with the exception of the provisions of section 46-752, pertaining to distance between access point and property line. Joint driveways should be given serious consideration and promotion where there are several properties with limited frontage.

(Ord. No. 789, art. V, § 1.03(I), 8-11-92)

The city will do all required work on the right-of-way on local and collector roads under city jurisdiction. Work will be done at cost, with city staff coordinating with the developer as to the placement and size of the access points.

(Ord. No. 789, art. V, § 1.03(J), 8-11-92)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Gross floor area means the sum of the gross horizontal area of the floors of a building measured from the exterior faces of the exterior walls.

Home occupation means an accessory use of a dwelling unit involving the manufacture or provision of goods or services for a charge, fee or other compensation.

Off-street loading space means an area designated for loading and unloading provided whenever the operations of any development require that goods, merchandise or equipment are routinely delivered to or shipped from that development.

Off-street parking space means an area set aside for the parking of one vehicle, exclusive of the area required for access drives or aisles.

Parallel parking space means an area with a dimension of nine feet from the curb and 22 feet in length, necessary for maneuvering purposes.

Parking area aisles means a portion of the parking area consisting of lanes providing access to parking spaces.

Parking surfaces means asphalt, concrete, crushed gravel or any other suitable material that protects against potholes, erosion and dust. Grass surfaces may be approved with special permission from city staff. Commercial developments with 25 parking spaces or more may allow ten percent of their parking to be on grass, provided that the development obtains special permission from city staff.

Setback means the lateral distance between the right-of-way line and the roadside business, building, gasoline pump, curb base, display stand or other object.

Stacking lanes means lanes used by vehicles while waiting for service in front of a service window. They are not traffic lanes, and therefore are not to be used for onsite traffic circulation.

(Ord. No. 789, art. V, § 2.02, 8-11-92)

Cross reference— Definitions and rules of construction generally, § 1-2.

This division is intended to establish the regulations, procedures and standards necessary to ensure a safe, convenient and efficient onsite traffic flow considering needed vehicle parking, to ensure that all developments provide an adequate and safe storage and movement of vehicles.

(Ord. No. 789, art. V, § 2.01, 8-11-92)

(a)

If existing commercial uses desire to expand, but are unable for good and sufficient reason to provide adequate parking at the standard required by the parking space table, the planning and development review board may grant a relaxation of the strict application of the requirements of this division on appeal, subject to the regulations governing appeals and variances.

(b)

Off-street parking is not required in the central business district.

(Ord. No. 789, art. V, § 2.03(I), 8-11-92)

All developments within the city shall be provided with off-street parking, as well as loading and unloading space. According to the requirements in this division, the facilities shall be maintained as long as the use exists that the facilities were designed to serve.

(Ord. No. 789, art. V, § 2.03(A), 8-11-92)

At the effective date of the ordinance from which this division is derived, area reserved for off-street parking or loading in accordance with the requirements of this division shall not be reduced in area or changed to any other use unless the authorized use which it serves is discontinued or modified, except where equivalent parking space is provided to the satisfaction of the administrator.

(Ord. No. 789, art. V, § 2.02(B), 8-11-92)

Any change in use of a structure or building resulting in additional requirements over those of the present use shall be subject to compliance with regulations contained in this division.

(Ord. No. 789, art. V, § 2.03(C), 8-11-92)

When any structure is enlarged or any use is extended, the full amount of off-street parking and loading space shall be supplied and maintained for the structure or use in its extended or enlarged size.

(Ord. No. 789, art. V, § 2.03(D), 8-11-92)

Off-street parking and loading areas shall be located so as to:

(1)

Minimize alterations of the natural features and topography.

(2)

Minimize the adverse effects of noise and traffic on offsite residents.

(3)

Minimize the area devoted to serve motor vehicles.

(4)

Allow for proper and adequate access for sanitation, emergency and other public service vehicles, and so as to avoid unreasonable backing distances and the necessity of making dangerous or hazardous turning movements.

(5)

Be directly accessible from a street, alley or other public right-of-way.

(Ord. No. 789, art. V, § 2.03(E), 8-11-92)

An off-street parking or loading plan shall be submitted with every application for a building permit, with the spaces clearly marked as required by this division.

(Ord. No. 789, art. V, § 2.03(F), 8-11-92)

All parking associated with a home occupation shall be off the street or in officially painted onstreet parking spaces.

(Ord. No. 789, art. V, § 2.03(G), 8-11-92)

It shall be unlawful to use any required off-street parking and loading facilities for a solid waste dumpster, or for vehicle repair work, service, display or sales of any kind, except as expressly permitted by the city commission.

(Ord. No. 789, art. V, § 2.03(H), 8-11-92)

All required off-street parking or loading facilities shall conform with the stormwater management requirements of this chapter. Adequate slope should be provided, as well as draining facilities, to prevent damage or inconvenience to abutting private property or public streets or alleys.

(Ord. No. 789, art. V, § 2.07, 8-11-92)

All required off-street parking or loading facilities shall be adequately lit. Mounting height and spacing of luminaries shall be sufficient to distribute the desired lighting intensity to the entire facility. The poles shall be placed so as not to obstruct vehicle movement and parking.

(Ord. No. 789, art. V, § 2.08, 8-11-92)

Editor's note— Ord. No. 1077-2016 , § 18, adopted June 14, 2016 repealed § 46-794, which pertained to setbacks and landscaping for parking and loading areas and derived from Ord. No. 789, adopted August 11, 1992.

Only one commercial vehicle will be allowed to park on a residential site, with the following stipulations:

(1)

The vehicle driver must be a resident of the parcel.

(2)

The vehicle must be parked on the residential site.

(3)

The vehicle may only receive incidental maintenance while parked on the residential lot.

(Ord. No. 789, art. V, § 2.10, 8-11-92)

(a)

The following table specifies the required minimum number of off-street automobile parking spaces:

_____

(b)

Parking requirements for multiple-family dwellings may be provided for in part by remote parking off the site. In such event, 50 percent or more must be accommodated on the site, and 50 percent or more provided within 400 feet of actual pedestrian travel of a main entrance to the facility.

(Ord. No. 789, art. V, § 2.04(A), 8-11-92)

The requirements for any uses not specifically listed in the parking space requirements table in section 46-811 shall be derived from the use that most closely approximates the unlisted use.

(Ord. No. 789, art. V, § 2.04(B), 8-11-92)

When determination of the number of off-street spaces required by this division results in a fractional space, a fraction of one-half or less may be disregarded, and a fraction in excess of one-half shall be counted as one parking space.

(Ord. No. 789, art. V, § 2.04(C), 8-11-92)

Where a combination of uses is developed, the parking provided shall be the sum of the various uses computed separately according to section 46-811.

(Ord. No. 789, art. V, § 2.04(D), 8-11-92)

No part of an off-street parking area required for a building shall be included as a part of an off-street parking area similarly required by another building, unless the type of use indicates that the periods of usage will not overlap or be concurrent with each other if such a joint parking arrangement is proposed. The applicants must file a written notarized agreement assuring the retention of the joint parking arrangement with the application for a building permit.

(Ord. No. 789, art. V, § 2.04(E), 8-11-92)

All required off-street parking spaces shall be provided on the same lot or parcel, or on a contiguous lot in the same ownership and not separated by a street. If off-street parking space cannot be reasonably provided on the same site on which the principal use is conducted, the planning and development review board may allow the designation of such spaces which lie within 400 feet of the property line of such principal use. Such vehicle parking space shall be associated with the permitted use, and shall not thereafter be reduced or encroached upon in any manner.

(Ord. No. 789, art. V, § 2.04(F), 8-11-92)

The preservation of any property that has been placed on the local register of historic places, or that is located in an historic district and contributes to the historic character of the district, shall be grounds for a reduction in or a complete exemption from the parking requirements in this subdivision by the city commission.

(Ord. No. 789, art. V, § 2.04(G), 8-11-92)

Any parking area used by the general public shall provide suitable marked parking spaces for handicapped persons as required by F.S. § 316.1955 or succeeding provisions.

(Ord. No. 789, art. V, § 2.04(H), 8-11-92)

Editor's note— Ord. No. 1077-2016 , § 18, adopted June 14, 2016 repealed § 46-794, which pertained to landscaping around off-street parking facilities and derived from Ord. No. 789, adopted August 11, 1992.

All facilities providing drive-up or drive-through service shall provide onsite stacking lanes as follows:

(1)

The facilities and stacking lanes shall be located and designed to minimize turning movements in relation to the driveway access to streets and intersections.

(2)

The facilities and stacking lanes shall be located and designed to minimize or avoid conflicts between vehicular traffic and pedestrian areas such as sidewalks, crosswalks or other pedestrian accessways.

(3)

Alleys or driveways in or abutting areas designed, approved or developed for residential use shall not be used for circulation of traffic for drive-up facilities.

(Ord. No. 789, art. V, § 2.04(J), 8-11-92)

Garbage dumpsters shall not be permitted to be placed in a required parking space. If a garbage dumpster is required, an additional space must be included in the off-street parking area.

(Ord. No. 789, art. V, § 2.04(K), 8-11-92)

(a)

Purpose. The purpose of this section is to provide standards for buffer and landscaping of open space areas when required by the code.

(b)

Applicability.

(1)

All new development and redevelopment, excluding active agricultural use and the individual development of single-family or two-family detached dwelling unit, shall comply with the landscape provision of section 46-823.

(2)

Any parking lot constructed as a result of expansion of an existing development shall comply with section 46-823.

(3)

Expansion of all existing development which exceeds 25 percent of the existing floor area or any change in use which results in a higher impact use shall provide for at least 25 percent of the amount of landscaping which would be required for a comparable new development.

(4)

General standards. All open space, as required by this chapter, shall be landscaped as provided in this section.

a.

All open space, excluding vehicular and pedestrian circulation features and surface parking, shall be covered with natural grass, ground cover, shrubbery, or other suitable plant material, or may have paved active recreation areas, patios, terraces, pedestrian circulation areas, swimming pools, water features, and similar site components incorporated in the open space designs.

(c)

Landscape plan.

(1)

All proposed development and redevelopment, including a sub-division plat, shall submit a generalized landscape site plan drawn to scale which contains adequate information to determine compliance with this code. The plan shall include at least the following elements:

Boundary lines and lot dimensions;

Zoning of site and adjoining properties and the type of adjacent uses;

Proposed building locations;

Location of existing and proposed streets, driveways, sidewalks and parking areas;

Location, size, and spacing of plant material;

Size and location of landscaped areas, island, screening, and buffers;

Planting details;

Location, species, size, diameter and height of trees to be preserved; and

Location and extent of utility lines, including electric, telephone, cable TV, natural gas, utility poles, and interior lighting poles.

(d)

Required buffers.

(1)

Landscape buffers are required between land uses or land use districts as follows:

a.

R-3 multifamily district. Between any multifamily use with more than four dwelling units and any R-1 or R-2 residential land use or land use district;

b.

Mixed use district.

1.

Between any single-family through quadraplex residential use and any other multifamily residential use; and

2.

Between any residential district and any nonresidential district.

c.

Exception. Buffers shall not be required for land uses or land use districts which are separated by a public roadway.

(e)

Location, size and composition of landscape buffers.

(1)

Location. All required buffers shall be located along the side(s) and rear property lines. Rear buffers shall run the entire length of the property line. Side buffers shall be located so as to screen from view from abutting side properties all parking areas and buildings, except in no case shall a buffer block sight distance of motor vehicle operators entering onto public roadways.

(2)

Size and composition.

a.

Size. Required vegetated buffers shall be at least three feet wide and six feet in height and of sufficient density so as to block from view abutting land uses. If existing vegetation is sparse or not of sufficient density to block from view abutting land uses a visual screen or fence may be required in conjunction with the vegetated buffer.

b.

Composition.

1.

Required buffers shall consist entirely of natural vegetation if such vegetation is of sufficient density and height as to block from view abutting land uses or land use districts.

2.

Required buffers may also consist of landscaped trees, shrubs, vines or other vegetation, or a combination of vegetation, screens, berms, or fences, provided any such buffer is of sufficient density so as to block from view abutting land uses or land use districts.

3.

Screens or fences may be constructed of wood, block, masonry or other common fencing material provided such buffer is 100 percent solid material.

(3)

Pedestrian access. Pedestrian access such as doors, gates, etc. may be installed, and are encouraged, to provide access between residential areas and adjacent nonresidential areas. Such access ways shall only be located so as to provide access to a public right-of-way, unless mutually agreed upon between property owners, and shall not be more than five feet in width.

(f)

Landscape requirements for off-street parking facilities and vehicular use areas.

(1)

Except for parking areas in the central business district, areas used for off-street parking or other vehicular storage must be landscaped for ten percent of the parking area developed, in addition to the following requirements.

(2)

Setback areas.

a.

Setbacks generally. All off-street parking and loading areas, except those for single-family residential uses, and in the central business district shall be set back a minimum of ten feet from the front property line and six feet from the side and rear property lines, except that the minimum setback shall be reduced to four feet between access aisles, drives, and side or rear property lines. The area between the parking areas and the property lines shall be landscaped.

(3)

Exceptions to setback requirements.

a.

If there is joint use of common access aisles or drives alongside or rear property lines of two or more building lots, the setbacks need not be provided.

b.

When a continuous curb or wheel stop is used adjacent to a required setback area or an interior landscape area large enough to allow a two-foot vehicular overhang, the parking space depth may be reduced from 19 to 17 feet.

(4)

Landscaping for parking areas.

a.

Parking lots shall be landscaped with one shade tree per six spaces. The owner of the business shall maintain the planted trees.

b.

No paving may be placed within 12 feet of any tree, and new trees shall be located so that they are surrounded by at least 200 square feet of unpaved area.

c.

Natural vegetation may be used, if not cleared, to meet the ten percent requirement.

d.

If natural vegetation is not used, a tree shall be planted for each 50 linear feet of lot frontage. Trees may be clustered rather than evenly spaced.

e.

Acceptable landscape materials shall include: vines, lawn grass, ground cover, pebbles, brick pavers, [and] mulch with low growing plants, including the preservation of existing trees and shrubs.

(5)

Visual screen for vehicular use areas. A visual screen or barrier must be used to block from visual view all parking area or vehicular use areas from adjacent public streets, or residential developments, if no buffer exists or is required. The visual screen must consist of 20 percent solid materials and have a minimum height of 18 inches; low shrubs, hedges, berms, fences or a combination thereof are acceptable.

(6)

Motor vehicle overhang. Motor vehicles shall not overhang into any landscaped setback or planted area.

(7)

Interior landscape requirements for vehicular use areas. Vehicular use or parking areas which are 10,000 square feet or greater in size must also meet the following requirements:

a.

At least 25 percent of the general landscape requirement shall be devoted to separate interior planting areas of one per 10,000 square feet of vehicular use areas.

b.

The interior planting areas shall be located in a manner that assists and helps to control the movement of vehicular and pedestrian traffic.

1.

Provide a continuous landscape strip between every four rows of parking. This should be a minimum of eight feet in width to accommodate a low hedge and shade trees.

2.

Create large planting islands (over 600 square feet) to be located throughout the lot and planted with shade trees, low shrubs, and/or ground cover. These should preferably be located at the ends of parking rows.

3.

Provide planting islands (a minimum of nine feet wide) between every ten to 15 spaces to avoid long rows of parked cars. Each of these planting islands should provide at least one shade tree having a clear trunk height of at least six feet.

c.

Vehicles may not overhang into any interior planting area.

(8)

Plant material requirements. Any vegetative form used to fulfill any provision of the parking area landscaping requirements must meet the following basic standards:

a.

Trees. Trees must be at least six feet tall when planted and must reach a minimum of 15 feet at mature height and normal adult dripline of 15 feet.

b.

Shrubs and hedges. Shrubs and/or hedges must be a minimum height of 18 inches when planted.

c.

Ground covers. Ground covers should be planted with a spacing which will provide 75 percent coverage within one year.

d.

Lawn grasses. Grasses should be planted to a density which will achieve permanent coverage within one year. Planting methods may be seeding, sprigging, plugging or sodding.

e.

Synthetic plants and planters. Artificial plant material may not be used for any landscaping requirement. Architectural planters may be substituted for landscape requirements when planted with live plants.

f.

Natural vegetation. Use of natural vegetation will involve retention of all native or naturally occurring plants, shrubs or trees in required landscaping areas. Planters for shrubs are required to have a depth of 18 inches and ten square feet of area. Planters for trees must have a depth of 30 inches and 25 square feet of area.

(g)

Maintenance requirements for landscaping or buffers.

(1)

Responsibility for property maintenance of required landscaping or buffers shall be with the owner of the property or any consenting lessee.

(2)

Maintenance of landscaped areas or vegetated buffers shall consist of: Mowing, pruning, removal of litter, replacement of dead plant material, and proper watering, fertilizing, etc.

(3)

Maintenance of visual barriers or fences shall include keeping such structures in good appearance and repair including replacement of damaged or deteriorated sections.

(Ord. No. 1077-2016 , § 16, 6-14-16)

(a)

Purpose. To provide regulations for outdoor lighting that will:

(1)

Protect and promote the public health, safety, and welfare;

(2)

Promote safety and security in vehicular use areas;

(3)

Protect neighbors, the environment, and the night sky from adverse lighting impacts such as light pollution, light trespass, glare, excessive lighting, and offensive light sources; and

(4)

Promote energy and resource efficient lighting.

(b)

Applicability. All outdoor lighting uses within the city including, but not limited to, multi-family residential, commercial, industrial, public and private recreational and institutional uses, architectural, and landscape lighting.

(c)

Installation and maintenance responsibility.

(1)

It shall be the responsibility of the property owner to install the lighting fixtures using the services of a professionally licensed contractor, based on an approved lighting plan.

(2)

All lighting fixtures, including their supports, braces, guys and anchors, electrical parts and all painted and display areas, shall be maintained in accordance with the building and electrical codes adopted by the city, and shall present a neat and clean appearance.

(d)

Exemptions.

(1)

Properties with a single-family or two-family dwelling.

(2)

Lighting for public rights-of-way, public streets, and approved private streets.

(3)

Lighting necessary for emergency equipment and work conducted in the interests of law enforcement, fire rescue, storm debris clean-up or other similar public safety efforts.

(4)

Lighting for construction, renovation, or repair of roads and utilities.

(5)

Temporary general construction lighting, which shall be regulated in accordance with building construction standards and shall be valid during the active period of a building permit.

(6)

Holiday decorative lighting.

(7)

Sign lighting, which is regulated elsewhere in this land development code.

(8)

Lighting required by federal or state laws or regulations.

(e)

General requirements.

(1)

Luminaire design and operation.

a.

For the lighting of predominately horizontal surfaces such as, but not limited to, parking areas, recreational areas, and building entrances, luminaires shall be full-cutoff fixtures and shall be aimed downwards.

b.

For the lighting of predominately non-horizontal surfaces such as, but not limited to, facades, landscaping, fountains, displays, and statuary, luminaires shall be shielded and shall be installed and aimed so as to not project output past the object being illuminated, skyward, onto a public roadway, or onto adjacent uses.

c.

Lighting shall be designed, located, aimed, shielded, and maintained so as to minimize light pollution.

d.

Luminaires shall consist of lighting at least as energy and resource efficient as high performance LED lighting.

e.

Controls shall be provided that automatically extinguish all outdoor lighting when sufficient daylight is available using a control device or system such as a photoelectric switch, astronomic time switch or equivalent functions from a programmable lighting controller, building automaton system or lighting energy management system, all with battery or similar backup power. Automatic lighting controls are not required for the interior of parking structures.

f.

Vegetation and landscaping may be required to control glare and light trespass; however, vegetation screens shall be planted and maintained in a manner that does not obstruct security lighting. Where landscaping is used for light screening, it shall be in addition to the applicable landscaping requirements of the city's code.

The use of search lights, lasers, lighting or lights that pulse, flash, rotate or simulate motion for advertising or promotions is prohibited. No exceptions or waivers shall be permitted.

(2)

Pole height.

a.

Except as otherwise regulated by this section, the height of luminaires shall not exceed 30 feet.

b.

During approval of a development plan, building permit or special use permit, the appropriate reviewing board, city manager or designee may permit by special exception pole heights up to 50 feet provided the following conditions are met:

1.

The development for which the special exception is requested has a total floor area of 100,000 square feet or greater;

2.

Any property adjacent to the property for which a special exception is requested has a zoning that allows a similar use; and

3.

The special exception is requested for an area that is greater than 75 feet from any adjacent property that either contains a residential dwelling or that has a residential zoning district classification as established by section 30-41.

In granting the special exception, the city may impose any reasonable conditions, restrictions or limitations to preserve and promote the purpose and intent of this section.

(3)

Illumination standards.

a.

Lighting shall have illuminances, uniformities and glare control in accordance with the published standards of the Illuminating Engineering Society of North America (IESNA).

b.

Except as follows, light trespass onto adjacent property shall not exceed 1.0 footcandles measured line-of-sight from any point on the receiving property.

1.

Residential property. Light trespass onto any adjacent property that either contains a residential dwelling or that has a residential zoning district classification as established by section 30-41 shall not exceed 0.5 footcandles measured line-of-sight from any point on the receiving property.

2.

Nature parks. Light trespass onto any adjacent nature park shall not exceed 0.4 footcandles measured line-of-sight from any point on the receiving nature park.

(f)

Specific requirements. In addition to the general requirements applicable to all outdoor lighting uses, this subsection outlines additional requirements for the following specific outdoor lighting uses or areas. If provisions in this subsection conflict with any of the general requirements, the provisions in this subsection shall prevail.

(1)

Recreational lighting. Lighting for outdoor recreational uses (including pole heights) may be designed in accordance with the published standards of the Illuminating Engineering Society of North America (IESNA).

(2)

Nature parks. Buildings shall not be externally illuminated on any vertical faces fronting a nature park.

(3)

Building exteriors. Lighting provided for the general security of areas such as, but not limited to, building entrances, stairways, ramps and main walkways shall not exceed an average horizontal illuminance of five footcandles at ground level, a uniformity ratio of 6:1, a maximum uniformity ratio of 10:1, and an average vertical illuminance of 0.2 footcandles measured five feet above the height of the luminaire.

(4)

Parking lots.

a.

Lighting shall be uniform throughout the parking lot, with no dark patches or pockets, for safety and identification of features.

b.

Luminaire locations shall not be in conflict with existing and proposed landscaping.

c.

Except as provided in the next subsection, lighting shall maintain a minimum horizontal illuminance of 0.5 footcandles at ground level and shall not exceed an average horizontal illuminance of 2.5 footcandles, a uniformity ratio of 5:1, and a maximum uniformity ratio of 15:1.

d.

Parking lots within 75 feet of any adjacent property that either contains a residential dwelling or that has a residential zoning district classification as established by section 30-41 shall meet the following requirements:

1.

Luminaires shall be full-cutoff fixtures from which no light is emitted at or above an angle of 80 degrees from the pole;

2.

The height of luminaires shall not exceed 15 feet; and

3.

Lighting shall maintain a minimum horizontal illuminance of 0.2 footcandles at ground level and shall not exceed an average horizontal illuminance of 1.0 footcandles, a uniformity ratio of 5:1, a maximum uniformity ratio of 10:1, and an average vertical illuminance of 0.1 footcandles measured five feet above the height of the luminaire.

e.

Multiple-family residential developments shall have additional lighting at the entrance and exit points of parking lots sufficient to light the area for pedestrians entering and exiting the parking area. Lighting levels at entrances and exits shall maintain a minimum horizontal illuminance of 1.0 footcandles at ground level.

f.

Lighting shall be provided in accordance with this section throughout the nighttime hours of operation and/or use by the public of a business or facility. However, lighting shall be automatically extinguished no later than one hour after the close of business or facility operation and/or use by the public. After-hours security lighting may be permitted when such lighting does not exceed 50 percent of the number of luminaires or the illumination level required or permitted during regular nighttime operation hours.

(5)

Parking structures.

a.

Applicability. These standards for parking structures shall apply to any multilevel parking structure and any floor of a building, including but not limited to the first floor and/or basement level, used for parking or storage of vehicles. However, when either the top floor of a building used for parking or storage of vehicles or the top floor of a multilevel parking structure is uncovered and open to the sky, said floor shall be regulated in accordance with the standards for parking lots but shall have luminaires that do not exceed a height of 15 feet.

b.

Luminaires shall be full-cutoff, semi-cutoff and/or refractor high intensity discharge (HID) fixtures. The exact type, configuration and placement of luminaires shall be designed to prevent glare, cavern effect and to facilitate vertical illumination of the floor so that drivers are able to discern objects within the facility. Designs shall attain a cutoff angle of 24 degrees to 38 degrees on driver approach and 60 degrees to 75 degrees on driver retreat as shown in figure 1.

c.

Lighting intensities for all floors, ramps, entrance/exit areas, and stairways shall be sufficient to provide a very clear illumination of all corners and parts of the parking floor.

d.

The IES Lighting Handbook and the 2011 National Electrical Code, article 100, define a luminaire as, "a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply."

(g)

Lighting plan submission. Lighting plans demonstrating compliance with the requirements of this section shall be submitted to the technical review committee for review and approval for development plan review, a building permit, and special use permit applications. Lighting plans shall be certified by a registered architect, engineer, or lighting professional holding a current lighting certification (LC) from the National Council on Qualifications for the Lighting Profession (NCQLP) as providing illumination in accordance with the applicable standards of this section and shall include the following information:

(1)

A brief written narrative, with accompanying plan or sketch, which demonstrates the objectives of the lighting.

(2)

A statement of the proposed hours when the luminaires will be on and when they will be extinguished.

(3)

A layout of all existing and proposed luminaires by type, location, mounting height, aiming direction, orientation, lamp, and photometry.

(4)

Description of the proposed equipment, including luminaire catalog cuts, glare reduction devices, lamps, lamp color temperature, on/off control devices, mounting heights, mounting methods, pole foundation details, and pole protection means.

(5)

Manufacturer specification sheets, cut-sheets or other manufacturer-provided information for all existing and proposed luminaires, including designation as full-cutoff fixtures if applicable and/or required.

(6)

Photometric data and drawings to illustrate how light sources are shielded to prevent spillover lighting and how the aiming of lights will prevent light trespass and glare to drivers, pedestrians, adjacent properties, and the night sky.

(7)

An illustration showing lighting levels (illuminance in footcandles), uniformity ratios, lamp wattages, shades, deflectors, beam directions, and luminous areas for each source of light.

(8)

A photometric grid showing footcandle readings every ten feet within the property or site, and 25 feet beyond the property lines, plotted out to 0.0 footcandles. The map or grid shall be drawn to a scale acceptable to the city manager or designee, but in no instance to a scale smaller than one inch equals 100 feet. Iso-footcandle contour line style plans are also acceptable.

(9)

Landscaping information demonstrating that the site lighting and existing and proposed landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

(10)

A description of adjacent properties that may be adversely impacted by the lighting. The lighting plan may require the inclusion of illuminance values on specific adjacent properties (e.g. adjacent properties with residential dwellings).

(11)

For parking structures, the lighting plan shall include the following additional information:

a.

Minimum horizontal and vertical lighting intensities for each floor, floor ramps, entrance areas and stairways. Data may be requested for certain daylight periods.

b.

Uniformity ratios and maximum uniformity ratios for each floor, floor ramps, entrance areas and stairways. Data may be requested for certain daylight periods.

c.

The cutoff angles on driver approach and retreat.

d.

Any cavern effects from light shielding.

(h)

Nonconforming luminaires and lighting. Any luminaire or lighting installation lawfully existing on the date of the adoption of this regulation, that does not conform with the requirements of this section shall be deemed legally nonconforming.

(1)

A nonconforming luminaire or lighting installation shall be made to conform with the requirements of this section when:

a.

Minor corrective action, such as re-aiming or shielding, can achieve conformity with the applicable requirements of this section;

b.

Fifty percent or more of the existing luminaires on a property are replaced;

c.

The number of existing luminaires on a property is increased by 50 percent or more; or

d.

The city manager or designee deems the nonconforming luminaire or lighting installation a safety hazard.

(2)

A development that becomes nonconforming with this section due to a change in operational hours from daytime only to include nighttime operation shall be required to comply with these regulations within 90 days of the effective date of the change.

(Ord. No. 1077-2016 , § 17, 6-14-16)

(a)

Whenever the normal operation of any development requires that goods, merchandise or equipment be routinely delivered to or shipped from that development, an adequate off-street loading and unloading area must be provided in accordance with this subdivision.

(b)

Loading and unloading areas shall be so located and designed that the vehicles using them can maneuver safely and conveniently to and from a public right-of-way and complete the loading and unloading operation without obstructing or interfering with any public right-of-way or any parking space or parking lot aisle.

(Ord. No. 789, art. V, § 2.05(A), 8-11-92)

The following table specifies the required minimum number of off-street loading spaces:

(Ord. No. 789, art. V, § 2.05(B), 8-11-92)

_____

All required off-street loading spaces shall be located on the same lot as the building which they are intended to serve, or on an adjacent lot when shared with the use occupying the adjacent lot.

(Ord. No. 789, art. V, § 2.05(C), 8-11-92)

Loading and unloading spaces are to be marked as such so that service vehicles may use this space without interfering with the use of streets or sidewalks.

(Ord. No. 789, art. V, § 2.05(D), 8-11-92)

No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirement for loading and unloading facilities.

(Ord. No. 789, art. V, § 2.05(E), 8-11-92)

All parking spaces required by this division for residential uses shall be located no further than 400 feet from the units they serve. Distances shall be measured from a dwelling unit's entry to the parking space.

(Ord. No. 789, art. V, § 2.06(A), 8-11-92)

(a)

All off-street parking areas providing four or more parking spaces shall be constructed using the following minimum dimensions:

(b)

Vehicle circulation on the site may be either two-way or one-way, depending on site dimensions and the angle of the parking stall. Two-way circulation is allowed with 90-degree stalls. For stall angles less than 90 degrees, one-way circulation is required.

(c)

Aisles may be reduced to not less than 11 feet in width when serving parallel parking on a one-way drive, providing the parking spaces are located only on one side of the drive.

(d)

Parking lots with a capacity of more than 30 spaces should be provided with a cross aisle for access to exits or other parking spaces.

(Ord. No. 789, art. V, § 2.06(B), 8-11-92)

The minimum size of parking spaces for handicapped persons shall be 12 feet in width, and depth shall be in accordance with section 46-862. The spaces should be located adjacent to the building entrance and in such a place as to not require a handicapped person to cross a traffic aisle.

(Ord. No. 789, art. V, § 2.06(C), 8-11-92)

Stacking lane distance shall be measured from the service window to the property line bordering the furthest street providing access to the facility. Minimum stacking lane distance shall be as follows:

(1)

Financial institutions shall have a minimum distance of 200 feet. Two or more stacking lanes may be provided which together total 200 feet.

(2)

All other uses shall have a minimum distance of 120 feet.

(3)

Where turns are required in the exit lane, the minimum distance from any drive-up station to the beginning point of the curve shall be 34 feet. The minimum inside turning radius shall be 25 feet.

(4)

Each drive-up facility shall be provided with a bypass lane.

(Ord. No. 789, art. V, § 2.06(D), 8-11-92)