Rhome City Zoning Code

V DEVELOPMENT

STANDARDS

SECTION 35 EXTERIOR CONSTRUCTION REQUIREMENTS

MASONRY REQUIREMENTS
1. Definitions: For the purpose of this section the following definitions shall apply:
  1. Masonry construction shall include all construction of stone material, brick material, concrete masonry units, or concrete panel construction, which is composed of solid, cavity, faced, or veneered-wall construction.
    
    The standards for acceptable masonry construction types are listed below:
    1. Stone Material: Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all-weather stone. Cut stone and dimensioned stone techniques are acceptable.
    2. Brick Material: Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material which meets the latest version of ASTM standard C2 16, Standard Specification for Facing Brick (Solid Masonry Unit Made of Clay or Shale), and shall be Severe Weather (SW) grade, and Type FBA or FBS or better. Unfired or underfired clay, sand, or shale buck are not allowed.
2. Definitions: For the purpose of this section the following definitions shall apply:
  1. Masonry construction shall include all construction of stone material, brick material, concrete masonry units, or concrete panel construction, which is composed of solid, cavity, faced, or veneered-wall construction.
    
    The standards for acceptable masonry construction types are listed below:
    1. Stone Material: Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all-weather stone. Cut stone and dimensioned stone techniques are acceptable.
    2. Brick Material: Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material which meets the latest version of ASTM standard C2 16, Standard Specification for Facing Brick (Solid Masonry Unit Made of Clay or Shale), and shall be Severe Weather (SW) grade, and Type FBA or FBS or better. Unfired or underfired clay, sand, or shale buck are not allowed.
3. Acceptable glass and metal standards are as follows:
  1. Glass walls shall include glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework.
  2. Metal walls shall include profiled panels, deep ribbed panels and concealed fastener systems. Exterior finish shall be film laminated or baked-on enamel painted to the wall manufacturer’s standards.
    1. The use of corrugated, metal, plastic, or fiberglass panels is prohibited.
  3. Metal walls shall include profiled panels, deep ribbed panels and concealed fastener systems. Exterior finish shall be film laminated or baked-on enamel painted to the wall manufacturer’s standards.
  4. The use of corrugated, metal, plastic, or fiberglass panels is prohibited.
  5. The use of galvanized, aluminum coated, zinc-aluminum coated or unpainted exterior metal finish is prohibited.
CONSTRUCTION STANDARDS:
1. Construction standards: The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, altered or repaired construction occurring within the City.
  1. Residential
    1. All residential buildings and structures located in the residential zoning districts AG through 2F shall be of exterior fire resistant construction having at least eighty percent (80%) of the total exterior walls above grade level and below the first floor plate line, excluding doors and windows, constructed of brick, stone, or material of equal characteristics in accordance with the City’s building code and fire prevention code. Strict adherence to this rule shall not be such as to prevent architectural creativity.
      
      Consideration for exceptions to the above requirements shall be based only on the following:
      1. Architectural design and creativity.
      2. Compatibility with surrounding developed properties.
      Architectural variances may be considered for, but not limited to, Gingerbread, Victorian, English Tudor, or Log designs.
    2. All principal buildings and structures located in the MF District shall be of exterior fire resistant construction having at least ninety percent (90%) of the total exterior walls, excluding doors and windows, constructed of brick, stone, or other material of equal characteristics in accordance with the City’s building code and fire prevention code.
      
      Consideration for exceptions to the above requirements shall be based only on the following:
      1. Architectural design and creativity.
      2. Compatibility with surrounding developed properties.
  2. Nonresidential
    1. All nonresidential uses shall be of exterior fire resistant construction having at least seventy-five percent (75%) of the total exterior walls above grade level, excluding doors and windows, constructed of masonry or glass wall construction, in accordance with the City’s building code and fire prevention code. Building facades which face or side any public street or residential zoning districts, or otherwise have public exposure, shall be constructed entirely of stone, brick, or glass wall construction. Strict adherence to this rule shall not be such as to prevent architectural creativity. Consideration for exceptions shall be based only on the following and subject to approval by the City Council:
      1. Architectural design and creativity.
      2. Compatibility with surrounding developed properties.
    2. Metal accessory buildings over two hundred (200) square feet located in the C, IP, and LI zoning districts shall be constructed in accordance with the City’s building code and fire prevention code, except that any structure within two hundred feet (200') of a public street or residential zoning district shall be constructed of stone, brick or glass wall construction (also see 35.3 [sic] for SUP requirements). Metal exterior walls shall be compatible in color with the principal building and existing surrounding structures.
2. Exception
  
  Accessory buildings two hundred (200) square feet or less are excluded from these provisions. Barns on property of AG, ES-10 and ES-5, if such barns are used solely for agricultural, as distinguished from commercial or industrial purposes, shall be exempt from provisions of this section. Mobile homes otherwise lawfully existing under the provisions of the Zoning Ordinance shall also be excluded from the provisions of this section.
3. Metal Buildings (main or primary)
  
  In the LI zoning district, primary metal buildings may be permitted only by Specific Use Permit according to the standards in this section and Section 32. The term metal buildings shall include every building with exterior metal walls.
  
  When walls are metal, the use of corrugated panels is prohibited; profiled panels, deep ribbed panels and concealed fastener systems are permitted. Exterior finish for metal walls fronting or siding on public streets shall be of a permanent material such as a baked or enamel finish or painted to the wall manufacturer’s standards. The use of galvanized, corrugated aluminum coated, zinc-aluminum coated, or unpainted exterior metal finish is prohibited.
4. Temporary Construction Buildings
  
  Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for a specific period of time in accordance with a permit issued by the Building Inspector and subject to periodic renewal by the inspector for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the satisfaction of the Building Official.
5. All building materials shall be noted and described on the site plan.

SECTION 36 OFF-STREET PARKING AND LOADING REQUIREMENTS

PURPOSE:

To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.
RESIDENTIAL DISTRICTS - SPECIAL OFF-STREET PARKING PROVISIONS
1. Required off-street parking shall be provided on the same site.
2. All parking shall be required to be on a paved concrete or asphalt parking space, or other approved all-weather surface. All driveways and approaches to required parking spaces shall be similarly paved except in the AG district on lots two (2) acres or larger.
3. No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see definitions for heavy load vehicle).
4. In all subdivisions platted after the effective date of this ordinance, garages shall not face or be in view from a public street unless detached and located behind the main or primary structure; SF-10 and SF-12 are exempt. Side entry garages will be permitted in smaller single-family residential zoning classifications. Garages that face or are in view of a public street may be permitted by Planned Development designation. The PD shall show the floor plan and typical garage orientation.
NONRESIDENTIAL AND MF DISTRICTS - SPECIAL OFF-STREET PARKING PROVISIONS:
1. To prevent nuisance situations, all parking area lighting shall be designed and operated so that it does not reflect or shine on adjacent properties and in accordance with the standards established in Section 45.
2. For safety and firefighting purposes, free access through adjacent nonresidential parking areas shall be provided in accordance with Subsection J.
3. All required off-street parking, maneuvering, loading and storage areas shall be paved to a minimum of six (6) inches of reinforced concrete over six (6) inches cement-limed or crushed limestone stabilized base compacted to ninety-five percent (95%) density, or an alternative section approved by the Director of Public Works. Approaches shall be paved to a minimum of seven (7) inches of reinforced concrete over six (6) inches cement-limed or crushed limestone stabilized base compacted to nine-five percent (95%) density.
4. Each standard off-street surface parking space size shall be in accordance with the City design standards (see Illustrations 1 through 5 for space size and design).
5. All parking and loading spaces and vehicle sales areas on private property shall have a vehicle stopping device installed to prevent parking of motor vehicles in any landscaped areas, to prevent vehicles from hitting buildings, and to prevent any parked vehicle from overhanging a public right-of-way line or public sidewalk. An extra-wide sidewalk on private property may be permitted to allow encroachment of vehicle overhang while maintaining an unobstructed three-foot (3') minimum sidewalk width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and required landscaping. Parking shall not be permitted to encroach upon the public right-of-way in any case. All vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space.
6. Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading.
7. Handicap parking space(s) shall be provided according to the City’s adopted Building Code.
8. In all nonresidential and multifamily zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling, or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment; the storage of materials or supplies, or for any other use in conflict with designated parking and loading areas (i.e., advertising or open storage of raw materials).
9. To ensure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the City Secretary.
10. Off-street stacking requirements for drive-through facilities.
  1. A stacking space shall be an area on a site measuring (8) feet by twenty (20) feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circular driveway, parking space, or maneuvering area.
  2. For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces.
  3. For each service window of a drive-through restaurant, a minimum of five (5) spaces shall be provided.
  4. For kiosks, a minimum of two (2) stacking spaces for each service window in addition to the service window shall be provided.
  5. For each full service carwash, vacuum or gas-pump lane, a minimum of five (5) stacking spaces shall be provided.
  6. For each self-service, drive-through/automated wash bay, a minimum of three (3) stacking spaces, in addition to the wash bay, shall be provided.
  7. For each self-service open bay, a minimum of two (2) stacking spaces, in addition to the wash bay, shall be provided.
  8. For automobile quick lube facilities, a minimum of three (3) stacking spaces, in addition to the service bay, shall be provided.
OFF-STREET LOADING SPACE - ALL DISTRICTS:
1. All retail, commercial, and industrial structures having five thousand (5,000) square feet or more of gross floor area shall provide and maintain an off-street area for the loading and unloading of merchandise and goods at a ratio of at least one (1) space for the first twenty thousand (20,000) square feet of gross floor area and one (1) space for each additional twenty thousand (20,000) square feet of gross floor area or fraction thereof. A loading space shall consist of an area of a minimum of twelve (12) by thirty (30) feet. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated maneuvering area for trucks.
  
  All loading areas shall be designed where loading doors or docking areas are not visible from collectors or major thoroughfares.
  
  All loading areas used by heavy load vehicles shall be designed to minimize the impact on adjacent residential uses. If loading areas are adjacent to single-family, duplex, or multifamily areas, loading and unloading hours shall be restricted to 6:00 A.M. to 10:00 P.M.
2. Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one (1) paved off-street loading and unloading space for an automobile on a through circular drive for each ten (10) students cared for, excluding child care in a residence.
PARKING ACCESS FROM A PUBLIC STREET - ALL DISTRICTS:
1. In the approval of a Detailed Site Plan, consideration shall be given to providing entrance/exit drives that extend into the site to provide adequate queuing of vehicles on the site.
2. In all districts (except all single-family and duplex zoning districts) building plans shall provide for an entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets, as approved by the City Secretary or designated representative.
  1. Based upon analysis by the City, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane or turn lane may be required in order to reduce such interference.
  2. The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.
3. Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas, except multifamily uses.
4. Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to Illustrations 1 through 5.
PARKING REQUIREMENTS BASED ON USE:

In all districts, there shall be provided at the time any building or structure is erected or structurally altered, off-street parking spaces in accordance with the following requirements. The parking requirements are exclusive of any accessible parking space(s) to meet the requirements of the Americans with Disabilities Act (ADA).
1. Automobile parts sales (indoors): One (1) space per three hundred (300) square feet of floor area.
2. Automobile sales or service: One (1) space per five hundred (500) square feet of floor area.
3. Bank, savings and loan, or similar institution: One (1) space per three hundred (300) square feet of gross floor area.
4. Bed and breakfast facility: One (1) space per guest room, in addition to the requirements for a normal residential use.
5. Bowling alley or center: Six (6) parking spaces for each alley or lane.
6. Bus or truck repair, parking, storage area, or garage: One (1) space for each five hundred (500) square feet of floor area or repair garage with a minimum of five (5) spaces.
7. Business or professional office:
  
  Gross Floor Area (sq. ft.) Parking Requirements
  Less than 10,000 sq. ft. 1 per 200 sq. ft.
  10,000 to 75,000 sq. ft. 1 per 250 sq. ft.
  75,001 sq. ft. & over 1 per 300 sq. ft.
8. Carwash (self-serve): One (1) space per washing bay or stall in addition to the washing area or stall themselves.
9. Carwash (full service): One (1) space per one hundred fifty (150) square feet of floor area.
10. Church, rectory, or other place of worship: One (1) parking space for each three (3) seats in the main auditorium.
11. College or University: One (1) space per four (4) day students.
12. Community center, library, museum, or art gallery: Ten (10) parking spaces, plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total number of square feet, and additional parking provided on the basis of one (1) space for each four (4) seats that it contains.
13. Commercial amusement (indoor): One (1) space per one hundred (100) square feet of gross floor area or as follows:
  1. Racquetball or handball courts - Four (4) spaces for each court.
  2. Indoor tennis courts - Four (4) spaces for each court.
  3. Gymnasium, skating rinks, and martial arts schools - One (1) space for each three (3) seats at a maximum seating capacity, plus one (1) space for each two hundred (200) square feet.
  4. Swimming pool - One (1) space for each one hundred fifty (150) square feet of gross water surface and deck area.
  5. Weight lifting or exercise areas - One (1) space for each one hundred (100) square feet.
  6. Bingo parlors - One (1) space for three (3) seats (design capacity) or one (1) per one hundred (100) square feet of total floor area, whichever is greater.
  7. Indoor jogging or running tracks - One (1) space for each one hundred (100) linear feet.
  8. Motion picture theaters (which do not include live performances): a) one (1) space per three and one-half (3-1/2) seats for single-screen theaters; and, b) one (1) space per five (5) seats for motion picture theaters with two (2) or more screens.
  9. All areas for subsidiary uses not listed above or in other parts of this section (such as restaurants, office, etc.) shall be calculated in with the minimum specified for those individual uses.
14. Commercial amusement (outdoor) - Ten (10) spaces, plus one (1) space for each five hundred (500) square feet over five thousand (5,000) square feet.
15. Convenience store (with gasoline pumps) - One (1) space per two hundred (200) square feet of floor area plus one (1) space for each three (3) gasoline pump units (a unit may have up to six (6) hoses).
16. Reserved
17. Reserved
18. Reserved
19. Reserved
20. Reserved
21. Reserved
22. Reserved
23. Reserved
24. Reserved
25. Reserved
26. Reserved
27. Reserved
28. Reserved
29. Reserved
30. Reserved
31. Reserved
32. Mortuary funeral home - One (1) parking space for each two hundred (200) square feet of floor space in slumber rooms, parlors, or individual funeral service rooms.
33. Motel - One (1) parking space for each sleeping room or suite plus one (1) additional space for each two hundred fifty (250) square feet of commercial floor area contained therein.
34. Motor vehicle salesroom and used car lots - One (1) parking space for each five hundred (500) square feet of sales floor for indoor use, or one (1) parking space for each one thousand (1,000) square feet of lot area for storage, sales and parking area, whichever is greater.
35. Nursing home - One (1) space per five (5) beds and one (1) parking space for each one thousand (1,000) square feet of lot area for outdoor uses.
36. Office (administrative or professional) - One (1) space for each three hundred (300) square feet of floor area.
37. Places of public assembly not listed - One (1) space for each three (3) seats provided.
38. Racetrack, horses or dogs - One (1) for each three (3) seats plus one (1) space for each employee. Stable areas shall provide storage areas for horse trailers according to Subsection D.
39. Retail or personal service establishment, except as otherwise specified herein - One (1) space per two hundred (200) square feet of gross floor area.
40. Retirement home - One (1) space for each dwelling unit.
41. Restaurant, private club; nightclub, cafe or similar recreation or amusement establishment - One (1) parking space for each one hundred fifty (150) square feet of seating or waiting area.
42. Rooming or boarding house - One (1) parking space for each sleeping room.
43. Sanitarium, convalescent home, home for the aged, or similar institution - One (1) parking space for each five (5) beds.
44. School, elementary (grades K-6) - One (1) parking space for each fifteen (15) students (design capacity).
45. School, secondary, or middle (grades 7-8) - One (1) parking space for each fourteen (14) students (design capacity).
46. School, high school (grades 9-12) - One space for each one and one-half (1.5) students, faculty and staff (design capacity).
47. Theater, indoor or outdoor (live performances), sports arena, stadium, gymnasium or auditorium (except school auditorium) - One (1) parking space for each three (3) seats or bench seating spaces.
48. Truck stops - One (1) truck parking space for each ten thousand (10,000) square feet of site area plus one (1) vehicle parking space per two hundred (200) square feet of building area.
49. Veterinarian clinic - One (1) space for each three hundred (300) square feet of gross floor space.
50. Warehouse or wholesale type uses - One (1) space for each five thousand (5,000) square feet of gross floor area.
RULES FOR COMPUTING NUMBER OF PARKING SPACES:

In computing the number of parking spaces required for each of the above uses, the following rules shall govern:
1. “Floor Area” shall mean the gross floor area of the specific use.
2. Where fractional spaces result, the parking spaces required shall be constructed up to the next whole number.
3. The parking space requirements for a new or unlisted use, not specifically mentioned herein, shall be the same as required for a use of similar nature. If the proposed use is dissimilar to any of the uses listed herein, the City Secretary shall determine the use most closely related.
4. When a building is enlarged or a use is changed to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, spaces shall be provided on the basis of the enlargement or change.
5. For buildings which have mixed uses within the same structure (such as retail and office), the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, the parking requirement may be calculated for each use within a structure for buildings over 40,000 square feet.
6. In the case of mixed uses (different buildings) in the TC and PD Districts, only the parking spaces required shall equal the sum of the requirements of the various uses computed separately. Up to thirty percent (30%) of the parking spaces required for a theater, stadium or other place of evening entertainment (after 6:00 P.M.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during the evening. Shared parking must use the same parking lot. Reduction of parking spaces due to shared parking shall be determined by the City Secretary. To assure retention of the shared parking spaces, the parties concerned shall properly draw and execute a document expressing the same and shall file this agreement with the application for a zoning variance.
LOCATION OF PARKING SPACES:

All parking spaces required herein shall be located on the same lot as the building or use served, except as follows:
1. When an increase in the number of spaces is necessary because of a change or enlargement, and when such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces must be located no more than six hundred (600) feet from any nonresidential building served.
2. In any case, when the required parking spaces are not located on the same lot as the building or establishment being served, or when such spaces are collectively or jointly provided and used, approval by the Zoning Board of Adjustment is required.
USE OF REQUIRED PARKING SPACES, NONRESIDENTIAL DISTRICTS:

Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials, or products for sale.
FIRE LANES:

Fire lanes shall meet the requirements of the International Fire Code of the City of Rhome - Ordinance 2008-20.

SECTION 37 LANDSCAPE REQUIREMENTS

PURPOSE:

Landscaping is accepted as adding value to property and is in the general welfare of the City. Therefore, landscaping is hereafter required of new development, except single-family and agricultural uses, adjacent to public streets. Single-family uses are generally not required to provide extensive landscaping at the time of development because they rarely fail to comply with the requirements set forth herein.
SCOPE AND ENFORCEMENT:

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, altered, or repaired construction occurring within the City, except that single-family or duplex dwellings shall be exempt. Additionally, any use requiring a Special Use Permit or a PD zoning designation must comply with these landscape standards. The provisions of this section shall be administered and enforced by the City Secretary or his designee. The landscape standards in this section shall apply only to nonresidential and multifamily parcels.

If at any time after the issuance of a Certificate of Occupancy the approved landscaping is found to be in nonconformance with the standards and criteria of this section, the City Secretary shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant, or agent shall have thirty (30) days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this Ordinance.
PERMITS:

No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted and approved by the City Secretary. A conceptual or generalized landscape plan shall be shown as part of the site plan as required in Section 41. Prior to the issuance of a Certificate of Occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan.

In any case in which a Certificate of Occupancy is sought at a season of the year in which the City Secretary determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a temporary Certificate of Occupancy may be issued. Such temporary permit shall be conditioned upon the installation of all landscaping required by the landscaping plan within six (6) months of the date of the approval of the landscape plan.
LANDSCAPE PLAN:

Prior to the issuance of a building, paving, grading, or construction permit for any use other than single-family detached dwellings, a landscape plan shall be submitted to the City Engineer. The City Engineer shall review such plans and shall approve them if the plans are in accordance with the criteria of these regulations. If the plans are not in compliance, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

Landscaping plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g. landscape architect, landscape contractor or landscape designer) and shall contain the minimum following information:
1. Minimum scale of one (1) inch equals fifty feet (50').
2. Location, size and species of all trees to be preserved (do not use “tree stamps” unless they indicate true size and location of trees).
3. Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen ponds (to include depth of water), topography of site, or other landscape features.
4. Species of all plant material to be used.
5. Size of all plant material to be used.
6. Spacing of plant material where appropriate.
7. Layout and description of irrigation, sprinkler, or water systems including placement of water sources.
8. Description of maintenance provision.
9. Person(s) responsible for the preparation of the landscape plan.
10. Mark indicating North.
11. Date of the landscape plan.
MAINTENANCE:

The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping is to be maintained in a neat and orderly manner at all times. This shall include, but not be limited to, mowing of grass six (6) inches or higher, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials that die shall be replaced with plant material of similar variety and size within ninety (90) days. Trees with a trunk diameter in excess of six inches (6") measured twenty-four inches (24") above the ground may be replaced with ones of similar variety having a trunk diameter of no less than three inches (3") measured twenty-four inches (24") above the ground. However, if said landscape areas are above the minimum required landscape provisions, death of a plant or plant material that may still result in the requirements of the minimum standards being met does not necessitate replacement, except as required to maintain the integrity of the landscaping design. The City Secretary may grant an extension if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his agent.

Failure to maintain any landscape area in compliance with this section shall result in the disapproval and revocation of any issued Certificate of Occupancy associated with the occupancy of said area.
GENERAL STANDARDS:

The following criteria and standards shall apply to landscape materials and installation:
1. All required landscaped open areas shall be completely covered with living plant material. Artificial landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants.
2. Plant materials shall conform to the standards of the approved plant list for the City of Rhome (see Rhome DTCS for the approved plant list) and the American Standard for Nursery Stock. Grass seed, sod, and other material shall be clean and reasonably free of weeds and noxious pests and insects.
3. Trees shall have an average spread of crown of greater than fifteen feet (15') at maturity. Trees having a lesser average mature crown of fifteen feet (15') may be substituted by grouping the same to create the equivalent of fifteen feet (15') crown of spread. Trees shall be of a minimum of three inches (3") in caliper measured six inches (6") above the ground and seven feet (7') in height at time of planting.
4. Shrubs, which are not of the dwarf variety, shall be a minimum of two feet (2') in height, when measured immediately after planting. Hedges, where installed, shall be planted and maintained to form a continuous, unbroken, solid visual screen that will be three feet (3') high within one (1) year after time of planting.
5. Vines not intended as ground cover shall be a minimum of two feet (2') in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet landscape screening requirements as set forth.
6. Grass areas shall be sodded, plugged, sprigged, hydro-mulched or seeded except that solid sod shall be used in swales, earthen berms, or other areas subject to erosion.
7. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one (1) year of planting.
8. All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems.
9. Any trees preserved on a site meeting the herein specifications may be credited toward meeting the tree requirement of any landscaping provision of this section according to the following table:
  
  Circumference of Existing Tree Credit Against Tree Requirement
  6" to 8" 1.0 tree
  9" to 30" 1.5 trees
  31" to 46" 2.0 trees
  47" or more 3.0 trees
  Due to their limited height and size, mesquite trees will receive only fifty percent (50%) of the above credit for tree preservation. All other existing trees may receive credit if they are not on the City’s approved plant material list but approved by the City Secretary or his designee. Should any required tree designated for preservation in the landscape plan die, the owner shall replace the tree with a three-inch (3") minimum caliper tree in accordance with the credits listed above. Tree circumference shall be measured four and one-half feet (4-1/2) above natural grade.
10. Earthen berms shall have side slopes not to exceed 33.3 percent (three feet of horizontal distance for each one foot of height). All berms shall contain necessary drainage provisions as may be required by the City Secretary.
MINIMUM LANDSCAPING REQUIREMENTS FOR NONRESIDENTIAL AND MULTIFAMILY:
1. For all nonresidential and multifamily parcels with less than two hundred fifty feet (250') of frontage adjacent to a dedicated public right-of-way, at least fifteen percent (15%) of the street yard shall be permanent landscape area. Nonresidential and multifamily parcels having two hundred fifty feet (250') or more of frontage shall have at least twenty percent (20%) of the street yard in permanent landscape area. A minimum of ten percent (10%) of the entire site shall be devoted to living landscape which shall include grass, ground cover, plants, shrubs or trees. The street yard shall be defined as the area between the building front and the front property line. For gasoline service stations, a requirement of a minimum ten percent (10%) landscape area for the entire site, including a six hundred (600) square foot landscape area at appropriate intersection corners, if applicable.
2. A minimum fifteen-foot (15') landscape buffer (interior parkway) adjacent to right-of-way of any street is required. If the lot is a corner lot, both frontages shall be required to observe the fifteen-foot (15') buffer. If more than two frontages exist, then the other right-of-way frontages shall be required to have no more than seven and one-half feet (7-1/2) of landscaped area. Developers shall be required to plant (1) large tree as prescribed in Section 37(F,3) per forty (40) linear feet or portion thereof of street frontage. The landscaped portion of interior parkways may be included in the required landscape area percentage. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area.
3. Landscape areas within parking lots should generally be at least one parking space in size, with no landscape area less than fifty (50) square feet in area. There shall be a minimum of one (1) tree planted in the parking area for every four hundred (400) square feet or fraction thereof of landscaped area in the parking lot. Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate circulation patterns. Landscape islands shall be located at the terminus of all parking rows, and should contain at least one (1) tree. All landscaped areas shall be protected by a monolithic curb, or wheel stop, and remain free of trash, litter, and car bumper overhangs. Landscape areas shall be no less than five feet (5') wide and shall equal a total of at least sixteen (16) square feet per parking space. There shall be a landscaped area with at least one (1) tree within sixty feet (60') of every parking space.
4. All existing trees, which are to be preserved, shall be provided with a permeable surface under the existing drip-line of the tree. All new trees shall have a permeable surface under the drip-line of a minimum of four feet (4') by four feet (4').
5. At least seventy-five percent (75%) of the frontage of parking lots, adjacent to a public right-of-way, within the street yard, shall be screened from public streets with evergreen shrubs obtaining a minimum height of three feet (3') or a low masonry wall of equal height. Use of a wall for parking lot screening should be accompanied with landscape planting in the form of low shrubs and ground cover to soften the appearance of the wall.
6. A minimum of fifty percent (50%) of the total trees required for the property shall be large trees as specified on the approved plant list. Small trees shall be used under existing or proposed overhead utility lines.
7. Necessary driveways from the public right-of-way shall be permitted through all required landscaping. The maximum width for driveways shall be forty feet (40') for multifamily and nonresidential two-way movements; thirty feet (30') for multifamily two-way movements; twenty-five feet (25') for multifamily and nonresidential one-way movements; and, fifteen feet (15') for multifamily one-way movements; or in accordance with the standards set forth in the Rhome DTCS Manual.
8. Whenever an off-street parking area or vehicular use area abuts an adjacent property line, a perimeter landscape area of at least five feet (5') shall be maintained between the edge of the parking area and the adjacent property line. Whenever the adjacent property is used or zoned for residential use, a landscaped area of at least ten feet (10') shall be provided (see Section 40 for additional screening wall requirements) planted with one large tree for each forty (40) linear feet, or portion thereof, of adjacent exposure.
TREE PRESERVATION:

During any construction or land development, the developer shall clearly mark all trees to be maintained and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the drip-line of any trees.

During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain. Neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar etc. under the canopy of any tree or groups of trees to remain.
SIGHT DISTANCE AND VISIBILITY:

Rigid compliance with these landscaping requirements shall not cause visibility obstructions and/or blind corners at intersections. Whenever an access way abuts the intersection of two (2) or more public rights-of-way, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between three (3) and six (6) feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas are:
1. The areas of property located on both sides of the intersection of an access way and public right-of-way shall have a triangular visibility area with two (2) sides of each triangle being a minimum of ten feet (10') in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides.
2. The areas of property located at a corner, formed by the intersection of two (2) or more public rights-of-way, shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty-five feet (25') in length, from the point of the intersection, and the third side being a line connecting the ends of the other two (2) sides. (See Section 42(B,5))
Landscaping except required grass and low ground cover shall not be located closer than three feet (3') from the edge of any access way pavement.

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the City Secretary, the requirements set forth herein may be reduced to the extent to remove the conflict.

SECTION 38 SIGN REGULATIONS

PURPOSE:

Signs use private land near the public rights-of-way to inform and persuade the general public by publishing a message. This section provides standards for the erection and maintenance of private signs. All private signs not exempt as provided below shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote health, safety, welfare, convenience, and enjoyment of the public, and in part, to achieve the following:
1. Safety: To promote the safety of persons and property by providing that signs:
  1. Do not create a hazard due to collapse, fire, collision, decay or abandonment.
  2. Do not obstruct firefighting or police surveillance.
  3. Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver’s ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs.
2. Communications Efficiency: To promote the efficient transfer of information in sign messages by providing that:
  1. Those signs that provide messages and information most needed and sought by the public are given priorities.
  2. Businesses and services may identify themselves.
  3. Customers and other persons may locate a business or service.
  4. No person or group is arbitrarily denied the use of the sight lines from the public rights-of-way.
  5. Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer’s purpose.
3. Landscape Quality and Preservation: To protect the public welfare and to enhance the appearance and economic value of the cityscape, by providing that signs:
  1. Do not interfere with scenic views.
  2. Do not create a nuisance to persons using the public rights-of-way.
  3. Do not create a nuisance to occupants of adjacent and contiguous property by their brightness, size, height or movement.
  4. Are not detrimental to land or property values.
ADMINISTRATION:

The provisions of this Ordinance shall be administered and enforced by the Building Official or designated representative of the City of Rhome.
BILLBOARDS PROHIBITED:

It is the express intent of the City Council to prohibit the erection, maintenance or use of any sort of outdoor signage of the type normally called billboards. It shall include all such signs of any such type, whether temporary or permanent or whatever mode of construction. No signs of any type are to be permitted within the City of Rhome or its extraterritorial jurisdiction other than is expressly provided under the provisions of this Ordinance and none shall be of the type commonly described as billboards.
RESERVED

Editor’s note–The following provisions have been designated as section 38.5 by the editor.
TYPES OF SIGNS
1. Reserved
2. Reserved
3. Reserved
4. Hazardous Nuisance Signs: No sign shall be illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. Moving, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs are not allowed. Under no circumstances shall a sign constitute a traffic hazard.
5. Luminance (or Brightness)
  1. No sign shall be illuminated to such an intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. Signs shall not exceed a brightness of two hundred (200) foot lambent [foot-lamberts] at the property line. Alternating electronic data control components showing time, temperature, and similar data are allowed.
  2. No lighted sign shall be erected within one hundred and fifty feet (150') of a residential development unless the lighting is shielded from view of the residential development.
6. Movement and Directional Control Signs: Movement control signs may be erected on any occupancy or any premises, other than a single-family or duplex premises, may be attached or detached, and may be erected provided that such signs shall comply with all other applicable requirements of this ordinance. The occupant of a premises who erects a movement control sign shall comply with the following requirements:
  1. Each sign must be stationary and not exceed six (6) square feet in effective area.
  2. If a sign is an attached sign, the words must not exceed four inches in height.
  3. Each sign must convey a message that directs vehicular or pedestrian movement within or onto the premises on which the sign is located.
  4. The signs must contain no advertising or logo.
7. Moving or Flashing Signs: Strobe lights and rotating beacons are prohibited. Signs that flash messages such as time and temperature are allowed.
8. Political Signs: Political signs may be erected provided such signs comply with the following:
  1. The sign is on private property;
  2. The sign is erected no sooner than the thirtieth (30th) day before the election and is removed no later than the seventh day after the election;
  3. The area of the sign is not more than thirty-two (32) square feet per sign face;
  4. The sign does not exceed eight feet (8') in height; and,
  5. The sign is self-supporting.
  6. See Subsection G,3 for other political sign requirements in residential areas.
9. Portable Signs
  1. Portable Signs for Businesses: Portable signs shall be permitted on a temporary basis one (1) time per Certificate of Occupancy for the initial opening of a business for fifteen (15) days. The portable sign shall be removed in its entirety and no permit will be issued for that platted parcel of property for a minimum of thirty (30) days. No more than one (1) portable or temporary sign per platted lot or tract will be allowed at any time. The portable sign location must be approved and may not constitute a traffic hazard. Portable signs shall not be allowed in residential subdivisions or areas. The maximum area per side shall be forty (40) square feet.
  2. Portable Signs for Non-Profit Organizations: Portable signs shall be permitted on a temporary basis up to two (2) times a calendar year for fifteen (15) days per period or once a year up to thirty (30) days. The portable sign shall be removed in its entirety and no new permit will be issued for that platted parcel of property for a minimum of thirty days. No more than one portable or temporary sign per platted lot will be allowed at any time. Portable sign locations must be approved and may not constitute a traffic hazard. Portable signs shall not be allowed in residentially developed areas. The maximum area per side shall be forty (40) square feet.
10. Protective Signs: The occupant of a premise may erect not more than two protective signs, in accordance with the following provisions:
  1. Each sign must not exceed one (1) square foot in effective area.
  2. Detached signs must not exceed two (2) feet in height.
  3. Letters must not exceed four (4) square inches in height.
11. Restricted Language or Wording: Signs shall not display gestures or words that are obscene, profane, or pornographic in nature.
12. Searchlights: Searchlights are limited to a seventy-two (72) hour operation period. Consecutive permits are not allowed for continuous use and shall be limited to the initial opening of a business.
13. Sign on Fence, Wall, Etc.: No person shall paint a sign or attach a sign, other than nameplate and address (showing a street number), to the outside of a fence, railing or wall that is not a structural part of a building in or facing a residential zoning district, even if it is on the property line. The name of the company that constructed the fence is also permitted, but shall not exceed one square foot in size.
14. Sign on Sidewalk, Street, Etc.: No person shall attach any sign, paper, or material, paint, stencil, or write any name, number (except house or street address number) or otherwise mark on any sidewalk, curb, gutter, or street.
15. Sign on Tree, Pole, Etc.: No person shall attach or maintain any sign upon any tree or public utility pole or structure.
16. Signs over Rights-of-Way on Premises: Signs over or in public rights-of-way are prohibited. No sign shall be erected in the right-of-way except movement or traffic-control devices, street signs, or directional signs placed by the City or State.
17. Temporary Signs - General:
  1. Temporary signs such as flags, banners, or pennants, but not including political signs, are permitted on a temporary basis up to four (4) times a calendar year for fifteen (15) days per period. The temporary signs shall be removed in their entirety and no new permit will be issued for that lot or tract of property for a minimum of sixty (60) days. No temporary sign shall be converted to a permanent sign.
  2. Flags, banners, or pennants shall be located only on the main building of the business. The temporary sign shall not be located in the parking area, on parking lot lights, or on detached signs.
  3. Balloons or other inflatable advertising are permitted on a temporary basis one (1) time per Certificate of Occupancy for the initial opening of a business for fifteen (15) days.
18. Vehicular Signs: Vehicular signs shall conform to the following restrictions:
  1. It shall be unlawful to attach any sign advertising anything, other than the name of a company and the service it provides, to a trailer, skid, or similar mobile structure or vehicle. This provision does not restrict the identification signs on vehicles used for any bona-fide business activity.
  2. Signs attached to or upon any vehicle shall be prohibited when any such vehicle is allowed to remain parked in the same location or vicinity for frequent or extended periods of time, and when the intent is for the purpose of advertising an establishment, service, or product. Vehicles operating under a City franchise shall be excluded from this provision.
  3. Exempt signs: Temporary construction trailers on construction sites and advertisement of any company. Emergency vehicle signs are exempt from this Ordinance.
    
    (Ordinance 2013-11 adopted 11/14/13)
NONRESIDENTIAL SIGN REQUIREMENTS:
1. Detached On-Premise Signs
  1. Detached signs are permitted in nonresidential zoning districts as provided in this section.
  2. Detached signs must be on-premise signs.
  3. Number of Signs - Only one detached sign may be erected on any premise or lot, except that individual lots which have more than six hundred (600) feet of frontage along a public right-of-way, other than an alley, may have one (1) additional detached sign per street frontage.
  4. General Design Specifications - Except as provided in subsection F,1,d,(2),(G) below, any on-premise sign in nonresidential and multifamily districts must be a monument sign. A monument sign is defined as a freestanding sign having a low profile and made of masonry, metal, routed wood planks or beams, durable plastic or similar materials, including individual lettering, which repeat or harmonize with the architecture of the establishment it serves. Monument signs advertising single occupancy must be built on a monument base as opposed to a pole base. Monument signs advertising two (2) or more businesses may be built on a monument base or masonry supports. The base or support must be constructed in accordance with Illustrations 11A or 11B [sic]. Message boards and electronically displayed time and temperature signs may not occupy more than twenty-four (24) square feet of the area of sign face.
    1. Single-Occupant Parcels
      1. Detached monument signs, including the base, advertising single occupancy, shall not exceed eight feet (8') in height above the average grade of the nearest public rights-of-way.
      2. Signs may be single- or double-faced with the actual sign face not exceeding sixty (60) square feet per side, except as provided in subsection F,1,d,(2),(G) below. Total cross-sectional area shall not exceed five (5) square feet, except as provided in subsection F,1,d,(2),(G) below.
      3. The sign may be located next to the public right-of-way provided it does not create hazards to traffic or pedestrians, the Building Official shall approve of the exact location of the sign.
    2. Multi-Occupant Parcels
      1. Parcels having two (2) or more businesses, as permitted by individual Certificate of Occupancy permits, may have a multi-occupancy sign in place of a single-occupancy sign.
      2. Detached monument signs, including the base, advertising two (2) businesses as permitted by individual Certificate of Occupancy permits, shall not exceed ten feet (10') in height above the average grade of the nearest public right-of-way. Signs may be single- or double-faced with the actual sign face not exceeding sixty (60) square feet. Total cross-sectional area, meaning the total surface area of either side of the sign at right angles to the face containing the advertising or copy, shall not exceed eight (8) square feet.
      3. Detached monument signs, including the base, advertising more than two (2) businesses as permitted by individual Certificate of Occupancy permits, shall not exceed twelve feet (12') in height above the average grade of the nearest public right-of-way. Signs may be single- or double-faced and the actual sign face shall not exceed ninety-six (96) square feet. Total cross-sectional area, meaning the total surface area of either side of the sign at right angles to the face containing the advertising or copy, shall not exceed ten (10) square feet.
      4. Detached monument signs advertising two (2) or more businesses shall be located no closer than five feet (5') to the right-of-way and shall not create hazards to trade or pedestrians. The Building Official shall approve of the exact location of the sign.
      5. Detached Accessory Signs - A maximum of two (2) detached accessory signs such as menu boards for drive-through restaurants are permitted per lot or tract. The sign shall not exceed six feet (6') in height and shall be single-faced with the message area not exceeding twenty (20) square feet. The signs shall not face a public right-of-way which serves the front of the building.
      6. Materials - Signs shall be constructed of metal, masonry, or durable plastic. Metal signs shall have a baked-on finish. Wood shall not be used as a material except as permitted herein by site plan approval.
      7. Design Specifications for Properties Adjacent to State Highway Right-of-way - On properties which are adjacent to state highway right-of-way, the regulations stated above shall apply, except that the following exceptions shall apply: (1) one permitted on-premise sign may be a pole sign no higher than 25 feet in height, as measured from ground level adjacent to the sign, provided that such ground may not be raised to increase the allowed height of the sign, and must be located within 50 feet of the boundary of the state highway right-of-way; (2) such a permitted pole sign may be single- or double-faced, and each face may not exceed one hundred (100) square feet. Total cross-sectional area, meaning the total surface area of either side of the sign at right angles to the face containing the advertising or copy, shall not exceed fifteen (15) square feet.
        
        (Ordinance 2017-8 adopted 3/28/17)
2. Attached Signs
  
  Attached signs are permitted in business districts in accordance with the provisions of this Ordinance.
  1. All attached signs must be on-premise signs. All businesses shall be permitted to have two (2) attached signs per business.
  2. Maximum Effective Area - Total effective area of attached signs shall not exceed the following:
    1. An attached sign or signs shall not exceed or cover more than fifteen percent (15%) of the facade area of a building face or area of the front of the leasable building space.
    2. Each attached sign shall not exceed three hundred (300) square feet in effective area.
  3. Projection from Building Surface - All attached signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than eighteen (18) inches from the surface except as follows:
    
    Any on-premise or nonresidential occupancy may erect no more than one attached sign projecting up to a maximum of four (4) feet from a vertical building surface, but not above the roof, provided that the premise or occupancy maintains no detached sign on the premise, and that the sign does not exceed twenty (20) square feet in effective area and that no part of the sign descends closer to site grade than ten (10) feet, nor projects into or over any public right-of-way.
  4. Metal or wood backing is required for all attached wall or projected signs.
RESIDENTIAL ZONING DISTRICT SIGN REQUIREMENTS:
1. Application of Division
  
  The provisions of this Ordinance apply to all signs in any non-business district, and also to signs that are within twenty-five (25) feet of a residential district boundary.
2. Illuminated Signs
  
  No illuminated signs are permitted except in the MF District. Entryway signs may be illuminated. Churches, schools, and other nonresidential uses permitted in residential zoning districts may have one externally lighted sign not to exceed eight feet (8') in height or thirty-two (32) square feet per side. Illuminated signs in the MF district and nonresidential uses allowed in residential districts shall be externally lit and conform to the criteria established in Subsection F.
3. Political and Other Special On-Premise Signs
  
  An occupant in residential zoning districts may erect only special purpose signs, political signs, and on-premise signs that include movement control signs and protective signs. No sign in developed residential areas shall exceed eight (8) square feet. (See Subsection H for exceptions.)
4. Detached On-Premise Signs - Multifamily
  1. Number of Signs - Each premise may have no more than one detached premise sign provided, however, that lots with more than seven hundred fifty (750) feet of frontage along a public street, other than an alley, may have not more than one additional detached sign. Each premise may display not more than one detached special purpose sign.
  2. Setback, Effective Area, and Height - No detached monument sign shall exceed thirty-two (32) square feet per side or eight feet (8') in height. The monument sign setback must be at least three feet (3') from the street right-of-way or property line.
5. Attached On-Premise Signs - Multifamily
  
  Attached signs are permitted for multifamily developments subject to the following restrictions:
  1. All attached signs shall be for building identification only (address and building numbers).
  2. All signs erected pursuant to this section shall be limited to two (2) per building.
  3. All signs and their words shall be mounted parallel to the building surface to which they are attached. No signs or words shall be over eighteen inches (18") in height. Signs shall not be mounted on roofs and shall not project above the roof.
  4. Temporary signs (such as “for lease” banners) are permitted pursuant to Subsection E,17.
6. Detached Premise Signs - Single-Family or Duplex Lot - A single-family or duplex residential premise may display a detached temporary sign referring to the sale or lease of the premise, and may display detached political signs provided they conform to all the restrictions set forth in this section (also Subsection H). Detached signs advertising home occupations are prohibited.
7. Attached Signs - Single-Family or Duplex Structures - A single-family or duplex residential structure may display an attached sign referring to the sale or lease of the premise. This sign must conform to all restrictions set forth in this section.
GENERAL EXCEPTIONS AND OTHER REQUIREMENTS:

The following signs may be erected and maintained under these exceptions and conditions:
1. Personal Residential Property Sale (Special Purpose Sign)
  
  Permission is granted for the erection of one non-illuminated personal real estate property sale sign in the required front yard of a dwelling on private property provided that only one of each type of such sign, not exceeding three (3) square feet, may be erected. No permit shall be required.
2. Temporary Real Estate Directional Signs
  
  Off-Premise Signs are permitted in any district provided each sign does not exceed six (6) square feet according to the following standards:
  1. Signs shall be applicable to subdivisions in the City of Rhome only.
  2. Signs shall not constitute a traffic hazard or impair visibility and shall be located a minimum of fifty (50) feet from any street intersection.
  3. Street intersection is defined as a linear distance of three hundred (300) feet from the pavement or back of the curb. Signs are allowed only within the defined distance. Signs, erected at any other location, will be removed by the City.
  4. The linear distance between signs shall be a minimum of twenty feet (20'). A maximum of twelve (12) signs may be placed within the intersection. A maximum of one (1) sign per builder within the intersection may be placed as defined in Subsection H,2,c of the Ordinance.
  5. Signs shall be placed after 8:00 p.m. Friday and recovered or picked up by 12:00 a.m. Monday (midnight Sunday).
  6. Signs that do not comply with the above provisions are subject to impoundment by the City and a $5.00 recovery fee will be charged for each sign.
3. Real Estate Signs (Nonresidential or Undeveloped Property):
  
  Permission is granted to property owners for the erection of a sign to advertise the sale, lease or rent of the property on which the sign is located. Real estate signs must be spaced at least fifty feet (50') apart along a lot frontage and there may be no more than two (2) such signs per tract or building. The total effective area of each sign shall not exceed thirty-two (32) square feet per side and shall not exceed eight feet (8') in height. Signs shall be removed after eighty percent (80%) of the building permits of the platted lots have been issued in the subdivision advertised by the sign.
4. Obstruction to Doors, Windows, or Fire Escapes:
  
  No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.
5. Signs Not to Constitute a Traffic Hazard:
  
  No sign shall be erected or maintained in such a manner as to obstruct free and clear vision; or to any location where by reason of position, shape, color, degree, manner, or intensity of illumination may interfere with vehicular or pedestrian traffic. Pursuant to the foregoing, no sign shall be erected or maintained in such a manner as to be likely to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device. No sign shall make use of words, phrases, symbols, or characters, or employ any lamp or light in such a manner as to interfere with, mislead, or confuse traffic.
6. Aircraft Traffic Signs:
  
  Air navigation facilities such as directional beacons are exempt.
7. Signs Not Requiring Permits:
  
  No permit shall be required for the following signs although the standards of this Ordinance shall be met:
  1. Signs advertising the sale or lease of real property on which they are located.
  2. A protective sign that has as its purpose the protection of life and property.
  3. A sign or marker giving information about the location of underground electric transmission lines, telegraph or telephone properties and facilities, pipeline, public sewers, or water lines or other public utilities.
  4. A sign erected by an agency of the State or a political subdivision of the State.
  5. Political signs.
  6. On-site directional and movement signs, provided such directional signs do not contain advertising and are not used as such.
  7. One (1) sign with names and/or street numbers, so long as the area of such sign does not exceed one (1) square foot for each dwelling unit.
  8. Bulletin boards not over sixteen (16) square feet in area for public, charitable or religious institutions when the same are located on the premises of such institutions.
  9. One (1) temporary construction sign denoting the architect, engineer, financial institution, or contractor when placed upon the site under construction.
  10. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other noncombustible materials.
  11. Flags, emblems, and insignia of any governmental body; decorative displays for holidays or public demonstrations which do not contain advertising.
  12. Temporary real estate directional signs.

SECTION 39 ACCESSORY BUILDING AND USE REGULATIONS

Single-Family or Multifamily Districts:

In single-family or multifamily districts, an accessory building is a subordinate or incidental building, attached to or detached from the main building, not used for commercial purposes and not rented.
Nonresidential Districts:

In nonresidential districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use in existence.
AG Districts:

Accessory dwelling units in the AG district shall be allowed as an incidental residential use of a building on the same lot as the main dwelling unit and used by the same person or persons of the immediate family, and meet the following standards:
1. The accessory dwelling unit must be constructed to the rear of the main dwelling, separate from the main dwelling. Each lot must have a minimum of two (2) acres upon which a detached accessory dwelling unit may be constructed by Specific Use Permit only.
2. The accessory dwelling unit may be constructed only with the issuance of a Building Permit and shall be constructed out of the same material as the main structure.
3. The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet.
4. Setback requirements shall be the same as for the main structure.
5. Accessory dwellings are not permitted without the main or primary structure.
Accessory Dwellings over Garages:

Accessory dwellings constructed over a garage are permitted in accordance with the Use Charts, Section 34 Chart 34.2 and shall conform to the height limitations of the main structure.
Area Regulations for Accessory Building in Residential Multifamily Districts: Size of Yards:
1. Front Yard - Detached front accessory buildings shall be prohibited in front of the main building.
2. Side Yard - There shall be a side yard of not less than five feet (5') from any side lot line. In no case shall an accessory building be located in an easement or alley. An accessory building located within ten feet (10') of the main building shall meet the minimum side yard requirements for the main building. Accessory buildings adjacent to a side street shall have a side yard the same as the main building, but not less than fifteen feet (15'). Garages designed to be entered from a side street, shall have a minimum distance of twenty feet (20') to the property line.
3. Rear Yard: - There shall be a rear yard of not less than five feet (5'). In no case shall an accessory building be located in an easement or alley. An accessory building located within ten feet (10') to the main building shall meet the minimum rear yard requirements for the main building. Accessory garages or carports designed to be entered from an alley shall have a rear yard setback of 20' from the alley right-of-way.
4. Accessory buildings are not permitted without a main structure unless on tracts of two (2) acres or more and used solely for agricultural purposes.
5. Accessory buildings over two hundred (200) square feet shall meet all of the requirements (setbacks, construction, etc.) set forth for the main or primary structure.
6. The maximum overall height of an accessory building shall not exceed sixteen feet (16').
7. There shall be no more than two (2) accessory buildings per property and they shall be separated by a distance of not less than ten feet (10').
8. Wood shingles are not permitted for accessory buildings.

SECTION 40 FENCING, WALLS, AND SCREENING REQUIREMENTS

PURPOSE:

To encourage the most appropriate use of land and to conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed for the location and types of screening devices to be used in the various zoning districts or in this section in accordance with the following standards.
SCREENING OF NONRESIDENTIAL AND MULTIFAMILY AREAS:
1. In the event that a multifamily or nonresidential use sides or backs up to a residential SF, 2F, or PD District, or in the event that any nonresidential use sides or backs up to a MF District, a solid screening wall of not less than six feet (6'), nor more than eight feet (8') in height, shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.
  1. The owner of the multifamily property shall be responsible for and shall build the required wall on the property line dividing the property from the single-family or duplex residential district. This construction requirement applies only when multifamily is adjacent to residential uses. When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct the screening wall.
  2. Any screening wall or fence required under the provisions of this section, under a Specific Use Permit, Planned Development District, or other requirement shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials which do not contain openings. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.
  3. Alternative equivalent screening may be approved through the site plan approval process, Section 41.
2. All required screening walls shall be equally finished on both sides of the wall.
3. Open storage of materials, commodities, or equipment (see Section 34 Chart 34.7 Zoning Districts permitting outside storage) shall comply with the following requirements:
  1. Located behind the front building line.
  2. Observe all yard setback requirements.
  3. Screened with a minimum six-foot (6') fence or wall. See the Appendix for definition of outside storage.
  4. Standards shall not apply to outside display (see definition of outside display).
4. In all districts screening shall be required only for those areas used for open storage. A six-foot (6') fence or wall shall be provided and maintained at the property line adjacent to the area to be screened.
5. Refuse storage areas, not adjacent to an alley or rear service area, that are visible from a public right-of-way shall be visually screened by a six-foot (6') masonry wall on all sides, except the side used for garbage pickup service, such side shall provide a gate.
FENCES IN RESIDENTIAL AREAS:
1. Any fence or wall located to the rear of the minimum required front yard and is located along the common boundary between two tracts or lots, shall not exceed eight feet (8') in height above the grade of the property.
2. Except as provided by Subsection C, the maximum height of a fence in a required front yard of a single-family or duplex structure shall not exceed thirty (30) inches.
  
  All fences located in the required front yard shall be located at least five feet (5') from the property line and shall be at least fifty percent (50%) open. Chain-link fencing shall not be permitted.
3. Split rail, wrought iron and other similar fencing is permitted along the property line in the required front yard area on residential tracts or lots containing two (2) or more acres. The fencing shall be at least 50 percent open and shall not exceed six feet (6') in height.
4. All fences over six (6) feet require permits.
5. On a corner lot, fencing is permitted within the required side yard area adjacent to a street. The fence shall be located at least five (5) feet from the property line and shall not exceed six (6) feet in height as measured from the grade of the adjacent right-of-way. Fencing located on or behind the building line shall not exceed eight (8) feet in height.

SECTION 41 SITE PLAN REVIEW

SITE PLAN REVIEW:
1. Purpose
  
  This section establishes a Site Plan review process for proposed developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and stormwater management, sanitary facilities, and other utilities and services.
2. Applicability
  
  Site Plan review and approval shall be required for the following:
  1. Any nonresidential development.
  2. Any multifamily development or mobile home park.
  3. Any development with two (2) or more buildings per platted lot.
  4. Any Planned Development, Specific Use Permit, Town Center, or Historical District. (Public hearings may also be required; see Sections 29 through 33A.)
    
    No building permit shall be issued for any of the above developments unless a Site Plan is first submitted to and reviewed by the Planning and Zoning Commission and approved by the City Council. No Certificate of Occupancy shall be issued unless all construction and development conform to the Site Plan as approved by the City. A public hearing on a Site Plan is not required unless a Site Plan is prepared in conjunction with a Planned Development, SUP, Historical District, or Town Center.
3. Exemptions and Exceptions
  
  Site Plan approval shall not be required for any detached one or two dwelling unit buildings or accessory uses incidental thereto, except as provided in B(4) above.
4. Site Plan Details
  
  The Site Plan shall contain sufficient information relative to site design considerations, including but not limited to the following:
  1. Location of proposed building(s) and structures.
  2. On- and off-site circulation (including truck loading and pickup areas).
  3. Parking.
  4. Grading.
  5. Conceptual landscaping design.
  6. Placement of utilities.
  7. Screening.
  8. Engineering for streets and utilities.
  9. Drainage.
  Provisions of the above items shall conform to the principles and standards of this Ordinance. To ensure the submission of adequate Site Plan information, the City is hereby empowered to maintain and distribute a list of specific requirements for Site Plan Review applications. Upon periodic review, the City Secretary shall have the authority to update such requirements for Site Plan details.
5. Supplemental Requirements - The staff may require other information and data for specific Site Plans. This data may include, but is not limited to, geologic information, water yields, flood data, environmental information, traffic analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. Approval of a Site Plan may establish conditions for construction based on such information.
6. Principles and Standards for Site Plan Review
  
  The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the City of Rhome. The City staff shall review the Site Plan for compliance with all applicable ordinances as well as the Comprehensive Plan; harmony with surrounding uses, the overall plan for development of the City, the promotion of health, safety, order, efficiency, and economy of the City; and the maintenance of property values and the general welfare.
  
  Based upon its review, the staff may recommend approval, conditionally approve, request modifications, or recommend denial of the Site Plan based on evaluation of the Site Plan details with respect to:
  1. The Site Plan’s compliance with all provisions of the Zoning Ordinance and other ordinances of the City of Rhome, including but not limited to, off-street parking and loading, lighting, open space, and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration, or heat.
  2. The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.
  3. The relationship of the development to adjacent uses in terms of harmonious design, setbacks, maintenance of property values, and negative impacts.
  4. The provision of a safe and efficient vehicular and pedestrian circulation system.
  5. The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
  6. The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
  7. The coordination of streets to provide a convenient system of transportation consistent with the Thoroughfare Plan of the City of Rhome.
  8. The use of landscaping and screening: (1) to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and, (2) to complement the design and location of buildings to be integrated into the overall site design.
  9. Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection on adjacent properties.
  10. The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
  11. Protection and conservation of soils from erosion by wind or water or from excavation or grading.
  12. Protection and conservation of watercourses and areas subject to flooding.
  13. The adequacy of water, drainage, sewerage facilities, garbage disposal, and other utilities necessary for essential services to residents and occupants.
APPROVAL PROCESS:
1. The City staff shall place the Site Plan on the regular agenda of the Planning and Zoning Commission within ninety (90) days after submission. If recommended for approval by the Planning and Zoning Commission, the Site Plan shall automatically be placed on the City Council agenda.
2. Effect of Site Plan Approval - If development of a lot with an approved Site Plan has not commenced within one year of the date of final approval of the Site Plan, the Site Plan shall be deemed to has expired. Said review and approval shall be evaluated according to the standards above, taking into account all changes to applicable ordinances which have occurred subsequent to the prior approval of the Site Plan.
  
  It is recognized that final architectural and engineering design may necessitate minor changes in the approved Site Plan. In such cases, the City Secretary shall have the authority to approve minor modifications of an approved Site Plan, provided that such modifications do not materially change the circulation and building location on the site, or any conditions specifically attached as part of the City Council approval.

SECTION 42 SUPPLEMENTAL REGULATIONS

SETBACK REQUIREMENTS:

All setback measurements shall be made in accordance with the Illustrations.

FRONT YARDS:

On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. When single-family and duplex lots have double frontage extending from one street to another, or are on a corner, a required front yard shall be provided on both streets. If a side or rear yard building line has been established along one frontage on the plat, only one front yard is required. The side or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard. (See Illustration 8.)
When the frontage on one side of a street is divided by two or more zoning districts, the entire frontage shall comply with the requirements of the most restrictive district. (See Illustration 6.)
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eave and roof extensions, or a porch without posts or columns, may project into the required front yard for a distance not to exceed four extensions [sic]. A porch without posts or columns may project into the required front yard for a distance not to exceed four feet (4'), and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty inches (30") above the average grade of the yard. (See Illustration 7 - 8.)

Minimum front yard setbacks and lot widths with predominant frontage on the curved radius of a dedicated cul-de-sac shall be as follows:

Zoning District	Minimum Lot Width*	Minimum Front Yard
ES-10	400'	50'
ES-5	200'	50'
ES-3	140'	35'
SF-25	120'	35'
SF-15	90'	40'
SF-12	100'	30'
SF-10	70'	30'
Duplex (2F)	60'	30'
PD	As specified in the PD Ordinance
*Measured at the front building line.

Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping three feet (3') or higher above the street centerline obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection as follows:
1. At a street intersection, clear vision must be maintained for a minimum of twenty-five feet (25') across any lot measured from the corner of the property line in both directions.
2. At an intersection with an alley, this clearance must be maintained for ten feet (10).
3. Shrubs and hedges three feet (3') or less in height, as measured from the centerline of the street, may be located in the visual clearance areas of all districts.
Gasoline service station pump islands may not be located nearer than eighteen feet (18') to the property line adjacent to a public street. Pump islands for a gasoline filling station may extend beyond the building line but shall not be closer than fifteen feet (15') to any property line not adjacent to a public street provided that other requirements of this Ordinance are met.
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
Satellite dishes are prohibited in the front yard area of any district. Only one satellite dish shall be permitted per residential lot or primary structure. Satellite dishes in any residential district shall not exceed twelve feet (12') in diameter and must be approved by the Building Official.

SIDE YARDS:
1. On a corner lot used for one- or two-family dwellings, both street exposures shall be treated as front yards on all lots platted after July 6, 1960 except that where one street exposure is designated as a side yard and separated from the adjacent lot by an alley. In such case, a building line shall be designated on an approved plat with a minimum side yard of fifteen feet (15') or more. On lots that were official lots of record prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.
2. Every part of a required side yard shall be open and unobstructed, except for accessory buildings as permitted herein. (See Section 39, Accessory Buildings for exceptions.) The ordinary projections of windowsills, belt courses, cornices, and other architectural features shall not exceed twelve inches (12") into the required side yard, and roof eave projections shall not exceed thirty-six inches (36") into the required side yard. Air conditioning compressors and similar equipment are permitted in the side yard.
SPECIAL HEIGHT REGULATIONS:
1. In the districts where the height of buildings is restricted to two (2) or two and one-half (2-1/2) stories, cooling towers and antennas may extend for an additional height not to exceed fifty feet (50') above the average grade line of the building. Water standpipes, storage tanks, church steeples, domes, spires, school buildings, and institutional buildings may be erected to exceed three (3) stories in height, as long as one (1) additional foot is added to the width and depth of front, side, and rear yards for each foot that such structures exceed three (3) stories.
2. Amateur radio antennas and other transmitting and receiving devices of microwave or electromagnetic waves for broadcasting use, shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no manner shall the use of such equipment infringe upon adjoining property owners. Satellite dishes and other similar antennas shall be permitted on the roof as long as satellite dishes do not exceed three feet (3') in diameter and antennas do not exceed fifty feet (50') in height as measured from the ground. Satellite dishes shall not be visible from the street.
RADIO, TELEVISION AND MICROWAVE TOWERS:

No radio, television or microwave tower for commercial use shall be located within a distance equal to or less than the height of such tower from any residential structure or from any area zoned residential, or shown as residential on the current Master Plan. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of such area or residence.
HANDICAP ACCESSIBILITY:

All nonresidential buildings and parking areas shall conform to the Americans with Disabilities Act of 1991, as may be amended, accessibility guidelines or the Uniform Federal Accessibility Standards.
MINIMUM DWELLING UNIT AREA:

Minimum dwelling unit areas specified in this Ordinance shall be computed exclusive of breezeways, garages, open porches, carports, and accessory buildings.

SECTION 44 PERFORMANCE STANDARDS

In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and construction to the performance standards as administered by county, State, or Federal agencies. All uses, including those that may be allowed by PD or SUP, shall conform in operation, location, and construction to appropriate performance standards for noise, smoke, and particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter, vibration, and glare.
All State and Federal pollution, noise, and requirements for toxic waste disposal shall be observed.

SECTION 45 LIGHTING AND GLARE STANDARDS

PURPOSE:

Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting in parking areas.
NONRESIDENTIAL SITE LIGHTING AND GLARE STANDARDS:
1. Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector selected so that acting together the light beam is controlled and not directed across any bounding property line above a height of three (3) feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.2 footcandles. Light poles shall be placed on the site at setback equal to its height from all adjacent residential property.
2. All off-street parking areas for nonresidential uses in nonresidential districts which are used after dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark only that part is required to be illuminated in accordance with these standards. However the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements:
  1. Intensity
    1. Minimum at any point on the parking area surface to be at least 0.6 footcandles initially and at least 0.3 footcandles maintained, or one-third (1/3) of the average, whichever is greater.
    2. Illumination shall not exceed an average of 0.1 footcandle at ground level and shall distribute not more than two-tenths (0.2) footcandles of light upon any adjacent residentially zoned area.
  2. Height
    
    No light source shall exceed fifteen feet (15') in height unless approved on a Site Plan by the City Council. Streetlights and other traffic safety lighting are exempt from this standard.
RESIDENTIAL LIGHTING AND GLARE STANDARDS:

Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:
1. Direct lighting over ten feet (10') in height is shielded from adjacent property.
2. No light source shall exceed fifteen feet (15') in height unless approved by the City Council. Streetlights and other traffic safety lighting are exempt from this standard.
3. Lighting shall not directly shine on adjacent dwellings.
LUMINARIES:

Light sources shall be dome-like, indirect, diffused, or shielded type luminaries installed and maintained to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above seventy-five (75) watts and strings of lamps are prohibited, except for temporary lighting.
SPECIAL OR TEMPORARY LIGHTING - LOW WATTAGE:

Bare bulbs or strings of lamps are prohibited, except during holidays. Special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday used. Christmas tree sales are considered a temporary holiday use for the purpose of this section.

Rhome City Zoning Code

V DEVELOPMENT

STANDARDS

SECTION 35 EXTERIOR CONSTRUCTION REQUIREMENTS

MASONRY REQUIREMENTS
1. Definitions: For the purpose of this section the following definitions shall apply:
  1. Masonry construction shall include all construction of stone material, brick material, concrete masonry units, or concrete panel construction, which is composed of solid, cavity, faced, or veneered-wall construction.
    
    The standards for acceptable masonry construction types are listed below:
    1. Stone Material: Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all-weather stone. Cut stone and dimensioned stone techniques are acceptable.
    2. Brick Material: Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material which meets the latest version of ASTM standard C2 16, Standard Specification for Facing Brick (Solid Masonry Unit Made of Clay or Shale), and shall be Severe Weather (SW) grade, and Type FBA or FBS or better. Unfired or underfired clay, sand, or shale buck are not allowed.
2. Definitions: For the purpose of this section the following definitions shall apply:
  1. Masonry construction shall include all construction of stone material, brick material, concrete masonry units, or concrete panel construction, which is composed of solid, cavity, faced, or veneered-wall construction.
    
    The standards for acceptable masonry construction types are listed below:
    1. Stone Material: Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all-weather stone. Cut stone and dimensioned stone techniques are acceptable.
    2. Brick Material: Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material which meets the latest version of ASTM standard C2 16, Standard Specification for Facing Brick (Solid Masonry Unit Made of Clay or Shale), and shall be Severe Weather (SW) grade, and Type FBA or FBS or better. Unfired or underfired clay, sand, or shale buck are not allowed.
3. Acceptable glass and metal standards are as follows:
  1. Glass walls shall include glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework.
  2. Metal walls shall include profiled panels, deep ribbed panels and concealed fastener systems. Exterior finish shall be film laminated or baked-on enamel painted to the wall manufacturer’s standards.
    1. The use of corrugated, metal, plastic, or fiberglass panels is prohibited.
  3. Metal walls shall include profiled panels, deep ribbed panels and concealed fastener systems. Exterior finish shall be film laminated or baked-on enamel painted to the wall manufacturer’s standards.
  4. The use of corrugated, metal, plastic, or fiberglass panels is prohibited.
  5. The use of galvanized, aluminum coated, zinc-aluminum coated or unpainted exterior metal finish is prohibited.
CONSTRUCTION STANDARDS:
1. Construction standards: The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, altered or repaired construction occurring within the City.
  1. Residential
    1. All residential buildings and structures located in the residential zoning districts AG through 2F shall be of exterior fire resistant construction having at least eighty percent (80%) of the total exterior walls above grade level and below the first floor plate line, excluding doors and windows, constructed of brick, stone, or material of equal characteristics in accordance with the City’s building code and fire prevention code. Strict adherence to this rule shall not be such as to prevent architectural creativity.
      
      Consideration for exceptions to the above requirements shall be based only on the following:
      1. Architectural design and creativity.
      2. Compatibility with surrounding developed properties.
      Architectural variances may be considered for, but not limited to, Gingerbread, Victorian, English Tudor, or Log designs.
    2. All principal buildings and structures located in the MF District shall be of exterior fire resistant construction having at least ninety percent (90%) of the total exterior walls, excluding doors and windows, constructed of brick, stone, or other material of equal characteristics in accordance with the City’s building code and fire prevention code.
      
      Consideration for exceptions to the above requirements shall be based only on the following:
      1. Architectural design and creativity.
      2. Compatibility with surrounding developed properties.
  2. Nonresidential
    1. All nonresidential uses shall be of exterior fire resistant construction having at least seventy-five percent (75%) of the total exterior walls above grade level, excluding doors and windows, constructed of masonry or glass wall construction, in accordance with the City’s building code and fire prevention code. Building facades which face or side any public street or residential zoning districts, or otherwise have public exposure, shall be constructed entirely of stone, brick, or glass wall construction. Strict adherence to this rule shall not be such as to prevent architectural creativity. Consideration for exceptions shall be based only on the following and subject to approval by the City Council:
      1. Architectural design and creativity.
      2. Compatibility with surrounding developed properties.
    2. Metal accessory buildings over two hundred (200) square feet located in the C, IP, and LI zoning districts shall be constructed in accordance with the City’s building code and fire prevention code, except that any structure within two hundred feet (200') of a public street or residential zoning district shall be constructed of stone, brick or glass wall construction (also see 35.3 [sic] for SUP requirements). Metal exterior walls shall be compatible in color with the principal building and existing surrounding structures.
2. Exception
  
  Accessory buildings two hundred (200) square feet or less are excluded from these provisions. Barns on property of AG, ES-10 and ES-5, if such barns are used solely for agricultural, as distinguished from commercial or industrial purposes, shall be exempt from provisions of this section. Mobile homes otherwise lawfully existing under the provisions of the Zoning Ordinance shall also be excluded from the provisions of this section.
3. Metal Buildings (main or primary)
  
  In the LI zoning district, primary metal buildings may be permitted only by Specific Use Permit according to the standards in this section and Section 32. The term metal buildings shall include every building with exterior metal walls.
  
  When walls are metal, the use of corrugated panels is prohibited; profiled panels, deep ribbed panels and concealed fastener systems are permitted. Exterior finish for metal walls fronting or siding on public streets shall be of a permanent material such as a baked or enamel finish or painted to the wall manufacturer’s standards. The use of galvanized, corrugated aluminum coated, zinc-aluminum coated, or unpainted exterior metal finish is prohibited.
4. Temporary Construction Buildings
  
  Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for a specific period of time in accordance with a permit issued by the Building Inspector and subject to periodic renewal by the inspector for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the satisfaction of the Building Official.
5. All building materials shall be noted and described on the site plan.

SECTION 36 OFF-STREET PARKING AND LOADING REQUIREMENTS

PURPOSE:

To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.
RESIDENTIAL DISTRICTS - SPECIAL OFF-STREET PARKING PROVISIONS
1. Required off-street parking shall be provided on the same site.
2. All parking shall be required to be on a paved concrete or asphalt parking space, or other approved all-weather surface. All driveways and approaches to required parking spaces shall be similarly paved except in the AG district on lots two (2) acres or larger.
3. No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see definitions for heavy load vehicle).
4. In all subdivisions platted after the effective date of this ordinance, garages shall not face or be in view from a public street unless detached and located behind the main or primary structure; SF-10 and SF-12 are exempt. Side entry garages will be permitted in smaller single-family residential zoning classifications. Garages that face or are in view of a public street may be permitted by Planned Development designation. The PD shall show the floor plan and typical garage orientation.
NONRESIDENTIAL AND MF DISTRICTS - SPECIAL OFF-STREET PARKING PROVISIONS:
1. To prevent nuisance situations, all parking area lighting shall be designed and operated so that it does not reflect or shine on adjacent properties and in accordance with the standards established in Section 45.
2. For safety and firefighting purposes, free access through adjacent nonresidential parking areas shall be provided in accordance with Subsection J.
3. All required off-street parking, maneuvering, loading and storage areas shall be paved to a minimum of six (6) inches of reinforced concrete over six (6) inches cement-limed or crushed limestone stabilized base compacted to ninety-five percent (95%) density, or an alternative section approved by the Director of Public Works. Approaches shall be paved to a minimum of seven (7) inches of reinforced concrete over six (6) inches cement-limed or crushed limestone stabilized base compacted to nine-five percent (95%) density.
4. Each standard off-street surface parking space size shall be in accordance with the City design standards (see Illustrations 1 through 5 for space size and design).
5. All parking and loading spaces and vehicle sales areas on private property shall have a vehicle stopping device installed to prevent parking of motor vehicles in any landscaped areas, to prevent vehicles from hitting buildings, and to prevent any parked vehicle from overhanging a public right-of-way line or public sidewalk. An extra-wide sidewalk on private property may be permitted to allow encroachment of vehicle overhang while maintaining an unobstructed three-foot (3') minimum sidewalk width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and required landscaping. Parking shall not be permitted to encroach upon the public right-of-way in any case. All vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space.
6. Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading.
7. Handicap parking space(s) shall be provided according to the City’s adopted Building Code.
8. In all nonresidential and multifamily zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling, or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment; the storage of materials or supplies, or for any other use in conflict with designated parking and loading areas (i.e., advertising or open storage of raw materials).
9. To ensure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the City Secretary.
10. Off-street stacking requirements for drive-through facilities.
  1. A stacking space shall be an area on a site measuring (8) feet by twenty (20) feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circular driveway, parking space, or maneuvering area.
  2. For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces.
  3. For each service window of a drive-through restaurant, a minimum of five (5) spaces shall be provided.
  4. For kiosks, a minimum of two (2) stacking spaces for each service window in addition to the service window shall be provided.
  5. For each full service carwash, vacuum or gas-pump lane, a minimum of five (5) stacking spaces shall be provided.
  6. For each self-service, drive-through/automated wash bay, a minimum of three (3) stacking spaces, in addition to the wash bay, shall be provided.
  7. For each self-service open bay, a minimum of two (2) stacking spaces, in addition to the wash bay, shall be provided.
  8. For automobile quick lube facilities, a minimum of three (3) stacking spaces, in addition to the service bay, shall be provided.
OFF-STREET LOADING SPACE - ALL DISTRICTS:
1. All retail, commercial, and industrial structures having five thousand (5,000) square feet or more of gross floor area shall provide and maintain an off-street area for the loading and unloading of merchandise and goods at a ratio of at least one (1) space for the first twenty thousand (20,000) square feet of gross floor area and one (1) space for each additional twenty thousand (20,000) square feet of gross floor area or fraction thereof. A loading space shall consist of an area of a minimum of twelve (12) by thirty (30) feet. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated maneuvering area for trucks.
  
  All loading areas shall be designed where loading doors or docking areas are not visible from collectors or major thoroughfares.
  
  All loading areas used by heavy load vehicles shall be designed to minimize the impact on adjacent residential uses. If loading areas are adjacent to single-family, duplex, or multifamily areas, loading and unloading hours shall be restricted to 6:00 A.M. to 10:00 P.M.
2. Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one (1) paved off-street loading and unloading space for an automobile on a through circular drive for each ten (10) students cared for, excluding child care in a residence.
PARKING ACCESS FROM A PUBLIC STREET - ALL DISTRICTS:
1. In the approval of a Detailed Site Plan, consideration shall be given to providing entrance/exit drives that extend into the site to provide adequate queuing of vehicles on the site.
2. In all districts (except all single-family and duplex zoning districts) building plans shall provide for an entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets, as approved by the City Secretary or designated representative.
  1. Based upon analysis by the City, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane or turn lane may be required in order to reduce such interference.
  2. The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.
3. Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas, except multifamily uses.
4. Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to Illustrations 1 through 5.
PARKING REQUIREMENTS BASED ON USE:

In all districts, there shall be provided at the time any building or structure is erected or structurally altered, off-street parking spaces in accordance with the following requirements. The parking requirements are exclusive of any accessible parking space(s) to meet the requirements of the Americans with Disabilities Act (ADA).
1. Automobile parts sales (indoors): One (1) space per three hundred (300) square feet of floor area.
2. Automobile sales or service: One (1) space per five hundred (500) square feet of floor area.
3. Bank, savings and loan, or similar institution: One (1) space per three hundred (300) square feet of gross floor area.
4. Bed and breakfast facility: One (1) space per guest room, in addition to the requirements for a normal residential use.
5. Bowling alley or center: Six (6) parking spaces for each alley or lane.
6. Bus or truck repair, parking, storage area, or garage: One (1) space for each five hundred (500) square feet of floor area or repair garage with a minimum of five (5) spaces.
7. Business or professional office:
  
  Gross Floor Area (sq. ft.) Parking Requirements
  Less than 10,000 sq. ft. 1 per 200 sq. ft.
  10,000 to 75,000 sq. ft. 1 per 250 sq. ft.
  75,001 sq. ft. & over 1 per 300 sq. ft.
8. Carwash (self-serve): One (1) space per washing bay or stall in addition to the washing area or stall themselves.
9. Carwash (full service): One (1) space per one hundred fifty (150) square feet of floor area.
10. Church, rectory, or other place of worship: One (1) parking space for each three (3) seats in the main auditorium.
11. College or University: One (1) space per four (4) day students.
12. Community center, library, museum, or art gallery: Ten (10) parking spaces, plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total number of square feet, and additional parking provided on the basis of one (1) space for each four (4) seats that it contains.
13. Commercial amusement (indoor): One (1) space per one hundred (100) square feet of gross floor area or as follows:
  1. Racquetball or handball courts - Four (4) spaces for each court.
  2. Indoor tennis courts - Four (4) spaces for each court.
  3. Gymnasium, skating rinks, and martial arts schools - One (1) space for each three (3) seats at a maximum seating capacity, plus one (1) space for each two hundred (200) square feet.
  4. Swimming pool - One (1) space for each one hundred fifty (150) square feet of gross water surface and deck area.
  5. Weight lifting or exercise areas - One (1) space for each one hundred (100) square feet.
  6. Bingo parlors - One (1) space for three (3) seats (design capacity) or one (1) per one hundred (100) square feet of total floor area, whichever is greater.
  7. Indoor jogging or running tracks - One (1) space for each one hundred (100) linear feet.
  8. Motion picture theaters (which do not include live performances): a) one (1) space per three and one-half (3-1/2) seats for single-screen theaters; and, b) one (1) space per five (5) seats for motion picture theaters with two (2) or more screens.
  9. All areas for subsidiary uses not listed above or in other parts of this section (such as restaurants, office, etc.) shall be calculated in with the minimum specified for those individual uses.
14. Commercial amusement (outdoor) - Ten (10) spaces, plus one (1) space for each five hundred (500) square feet over five thousand (5,000) square feet.
15. Convenience store (with gasoline pumps) - One (1) space per two hundred (200) square feet of floor area plus one (1) space for each three (3) gasoline pump units (a unit may have up to six (6) hoses).
16. Reserved
17. Reserved
18. Reserved
19. Reserved
20. Reserved
21. Reserved
22. Reserved
23. Reserved
24. Reserved
25. Reserved
26. Reserved
27. Reserved
28. Reserved
29. Reserved
30. Reserved
31. Reserved
32. Mortuary funeral home - One (1) parking space for each two hundred (200) square feet of floor space in slumber rooms, parlors, or individual funeral service rooms.
33. Motel - One (1) parking space for each sleeping room or suite plus one (1) additional space for each two hundred fifty (250) square feet of commercial floor area contained therein.
34. Motor vehicle salesroom and used car lots - One (1) parking space for each five hundred (500) square feet of sales floor for indoor use, or one (1) parking space for each one thousand (1,000) square feet of lot area for storage, sales and parking area, whichever is greater.
35. Nursing home - One (1) space per five (5) beds and one (1) parking space for each one thousand (1,000) square feet of lot area for outdoor uses.
36. Office (administrative or professional) - One (1) space for each three hundred (300) square feet of floor area.
37. Places of public assembly not listed - One (1) space for each three (3) seats provided.
38. Racetrack, horses or dogs - One (1) for each three (3) seats plus one (1) space for each employee. Stable areas shall provide storage areas for horse trailers according to Subsection D.
39. Retail or personal service establishment, except as otherwise specified herein - One (1) space per two hundred (200) square feet of gross floor area.
40. Retirement home - One (1) space for each dwelling unit.
41. Restaurant, private club; nightclub, cafe or similar recreation or amusement establishment - One (1) parking space for each one hundred fifty (150) square feet of seating or waiting area.
42. Rooming or boarding house - One (1) parking space for each sleeping room.
43. Sanitarium, convalescent home, home for the aged, or similar institution - One (1) parking space for each five (5) beds.
44. School, elementary (grades K-6) - One (1) parking space for each fifteen (15) students (design capacity).
45. School, secondary, or middle (grades 7-8) - One (1) parking space for each fourteen (14) students (design capacity).
46. School, high school (grades 9-12) - One space for each one and one-half (1.5) students, faculty and staff (design capacity).
47. Theater, indoor or outdoor (live performances), sports arena, stadium, gymnasium or auditorium (except school auditorium) - One (1) parking space for each three (3) seats or bench seating spaces.
48. Truck stops - One (1) truck parking space for each ten thousand (10,000) square feet of site area plus one (1) vehicle parking space per two hundred (200) square feet of building area.
49. Veterinarian clinic - One (1) space for each three hundred (300) square feet of gross floor space.
50. Warehouse or wholesale type uses - One (1) space for each five thousand (5,000) square feet of gross floor area.
RULES FOR COMPUTING NUMBER OF PARKING SPACES:

In computing the number of parking spaces required for each of the above uses, the following rules shall govern:
1. “Floor Area” shall mean the gross floor area of the specific use.
2. Where fractional spaces result, the parking spaces required shall be constructed up to the next whole number.
3. The parking space requirements for a new or unlisted use, not specifically mentioned herein, shall be the same as required for a use of similar nature. If the proposed use is dissimilar to any of the uses listed herein, the City Secretary shall determine the use most closely related.
4. When a building is enlarged or a use is changed to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, spaces shall be provided on the basis of the enlargement or change.
5. For buildings which have mixed uses within the same structure (such as retail and office), the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, the parking requirement may be calculated for each use within a structure for buildings over 40,000 square feet.
6. In the case of mixed uses (different buildings) in the TC and PD Districts, only the parking spaces required shall equal the sum of the requirements of the various uses computed separately. Up to thirty percent (30%) of the parking spaces required for a theater, stadium or other place of evening entertainment (after 6:00 P.M.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during the evening. Shared parking must use the same parking lot. Reduction of parking spaces due to shared parking shall be determined by the City Secretary. To assure retention of the shared parking spaces, the parties concerned shall properly draw and execute a document expressing the same and shall file this agreement with the application for a zoning variance.
LOCATION OF PARKING SPACES:

All parking spaces required herein shall be located on the same lot as the building or use served, except as follows:
1. When an increase in the number of spaces is necessary because of a change or enlargement, and when such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces must be located no more than six hundred (600) feet from any nonresidential building served.
2. In any case, when the required parking spaces are not located on the same lot as the building or establishment being served, or when such spaces are collectively or jointly provided and used, approval by the Zoning Board of Adjustment is required.
USE OF REQUIRED PARKING SPACES, NONRESIDENTIAL DISTRICTS:

Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials, or products for sale.
FIRE LANES:

Fire lanes shall meet the requirements of the International Fire Code of the City of Rhome - Ordinance 2008-20.

SECTION 37 LANDSCAPE REQUIREMENTS

PURPOSE:

Landscaping is accepted as adding value to property and is in the general welfare of the City. Therefore, landscaping is hereafter required of new development, except single-family and agricultural uses, adjacent to public streets. Single-family uses are generally not required to provide extensive landscaping at the time of development because they rarely fail to comply with the requirements set forth herein.
SCOPE AND ENFORCEMENT:

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, altered, or repaired construction occurring within the City, except that single-family or duplex dwellings shall be exempt. Additionally, any use requiring a Special Use Permit or a PD zoning designation must comply with these landscape standards. The provisions of this section shall be administered and enforced by the City Secretary or his designee. The landscape standards in this section shall apply only to nonresidential and multifamily parcels.

If at any time after the issuance of a Certificate of Occupancy the approved landscaping is found to be in nonconformance with the standards and criteria of this section, the City Secretary shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant, or agent shall have thirty (30) days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this Ordinance.
PERMITS:

No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted and approved by the City Secretary. A conceptual or generalized landscape plan shall be shown as part of the site plan as required in Section 41. Prior to the issuance of a Certificate of Occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan.

In any case in which a Certificate of Occupancy is sought at a season of the year in which the City Secretary determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a temporary Certificate of Occupancy may be issued. Such temporary permit shall be conditioned upon the installation of all landscaping required by the landscaping plan within six (6) months of the date of the approval of the landscape plan.
LANDSCAPE PLAN:

Prior to the issuance of a building, paving, grading, or construction permit for any use other than single-family detached dwellings, a landscape plan shall be submitted to the City Engineer. The City Engineer shall review such plans and shall approve them if the plans are in accordance with the criteria of these regulations. If the plans are not in compliance, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

Landscaping plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g. landscape architect, landscape contractor or landscape designer) and shall contain the minimum following information:
1. Minimum scale of one (1) inch equals fifty feet (50').
2. Location, size and species of all trees to be preserved (do not use “tree stamps” unless they indicate true size and location of trees).
3. Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen ponds (to include depth of water), topography of site, or other landscape features.
4. Species of all plant material to be used.
5. Size of all plant material to be used.
6. Spacing of plant material where appropriate.
7. Layout and description of irrigation, sprinkler, or water systems including placement of water sources.
8. Description of maintenance provision.
9. Person(s) responsible for the preparation of the landscape plan.
10. Mark indicating North.
11. Date of the landscape plan.
MAINTENANCE:

The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping is to be maintained in a neat and orderly manner at all times. This shall include, but not be limited to, mowing of grass six (6) inches or higher, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials that die shall be replaced with plant material of similar variety and size within ninety (90) days. Trees with a trunk diameter in excess of six inches (6") measured twenty-four inches (24") above the ground may be replaced with ones of similar variety having a trunk diameter of no less than three inches (3") measured twenty-four inches (24") above the ground. However, if said landscape areas are above the minimum required landscape provisions, death of a plant or plant material that may still result in the requirements of the minimum standards being met does not necessitate replacement, except as required to maintain the integrity of the landscaping design. The City Secretary may grant an extension if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his agent.

Failure to maintain any landscape area in compliance with this section shall result in the disapproval and revocation of any issued Certificate of Occupancy associated with the occupancy of said area.
GENERAL STANDARDS:

The following criteria and standards shall apply to landscape materials and installation:
1. All required landscaped open areas shall be completely covered with living plant material. Artificial landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants.
2. Plant materials shall conform to the standards of the approved plant list for the City of Rhome (see Rhome DTCS for the approved plant list) and the American Standard for Nursery Stock. Grass seed, sod, and other material shall be clean and reasonably free of weeds and noxious pests and insects.
3. Trees shall have an average spread of crown of greater than fifteen feet (15') at maturity. Trees having a lesser average mature crown of fifteen feet (15') may be substituted by grouping the same to create the equivalent of fifteen feet (15') crown of spread. Trees shall be of a minimum of three inches (3") in caliper measured six inches (6") above the ground and seven feet (7') in height at time of planting.
4. Shrubs, which are not of the dwarf variety, shall be a minimum of two feet (2') in height, when measured immediately after planting. Hedges, where installed, shall be planted and maintained to form a continuous, unbroken, solid visual screen that will be three feet (3') high within one (1) year after time of planting.
5. Vines not intended as ground cover shall be a minimum of two feet (2') in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet landscape screening requirements as set forth.
6. Grass areas shall be sodded, plugged, sprigged, hydro-mulched or seeded except that solid sod shall be used in swales, earthen berms, or other areas subject to erosion.
7. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one (1) year of planting.
8. All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems.
9. Any trees preserved on a site meeting the herein specifications may be credited toward meeting the tree requirement of any landscaping provision of this section according to the following table:
  
  Circumference of Existing Tree Credit Against Tree Requirement
  6" to 8" 1.0 tree
  9" to 30" 1.5 trees
  31" to 46" 2.0 trees
  47" or more 3.0 trees
  Due to their limited height and size, mesquite trees will receive only fifty percent (50%) of the above credit for tree preservation. All other existing trees may receive credit if they are not on the City’s approved plant material list but approved by the City Secretary or his designee. Should any required tree designated for preservation in the landscape plan die, the owner shall replace the tree with a three-inch (3") minimum caliper tree in accordance with the credits listed above. Tree circumference shall be measured four and one-half feet (4-1/2) above natural grade.
10. Earthen berms shall have side slopes not to exceed 33.3 percent (three feet of horizontal distance for each one foot of height). All berms shall contain necessary drainage provisions as may be required by the City Secretary.
MINIMUM LANDSCAPING REQUIREMENTS FOR NONRESIDENTIAL AND MULTIFAMILY:
1. For all nonresidential and multifamily parcels with less than two hundred fifty feet (250') of frontage adjacent to a dedicated public right-of-way, at least fifteen percent (15%) of the street yard shall be permanent landscape area. Nonresidential and multifamily parcels having two hundred fifty feet (250') or more of frontage shall have at least twenty percent (20%) of the street yard in permanent landscape area. A minimum of ten percent (10%) of the entire site shall be devoted to living landscape which shall include grass, ground cover, plants, shrubs or trees. The street yard shall be defined as the area between the building front and the front property line. For gasoline service stations, a requirement of a minimum ten percent (10%) landscape area for the entire site, including a six hundred (600) square foot landscape area at appropriate intersection corners, if applicable.
2. A minimum fifteen-foot (15') landscape buffer (interior parkway) adjacent to right-of-way of any street is required. If the lot is a corner lot, both frontages shall be required to observe the fifteen-foot (15') buffer. If more than two frontages exist, then the other right-of-way frontages shall be required to have no more than seven and one-half feet (7-1/2) of landscaped area. Developers shall be required to plant (1) large tree as prescribed in Section 37(F,3) per forty (40) linear feet or portion thereof of street frontage. The landscaped portion of interior parkways may be included in the required landscape area percentage. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area.
3. Landscape areas within parking lots should generally be at least one parking space in size, with no landscape area less than fifty (50) square feet in area. There shall be a minimum of one (1) tree planted in the parking area for every four hundred (400) square feet or fraction thereof of landscaped area in the parking lot. Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate circulation patterns. Landscape islands shall be located at the terminus of all parking rows, and should contain at least one (1) tree. All landscaped areas shall be protected by a monolithic curb, or wheel stop, and remain free of trash, litter, and car bumper overhangs. Landscape areas shall be no less than five feet (5') wide and shall equal a total of at least sixteen (16) square feet per parking space. There shall be a landscaped area with at least one (1) tree within sixty feet (60') of every parking space.
4. All existing trees, which are to be preserved, shall be provided with a permeable surface under the existing drip-line of the tree. All new trees shall have a permeable surface under the drip-line of a minimum of four feet (4') by four feet (4').
5. At least seventy-five percent (75%) of the frontage of parking lots, adjacent to a public right-of-way, within the street yard, shall be screened from public streets with evergreen shrubs obtaining a minimum height of three feet (3') or a low masonry wall of equal height. Use of a wall for parking lot screening should be accompanied with landscape planting in the form of low shrubs and ground cover to soften the appearance of the wall.
6. A minimum of fifty percent (50%) of the total trees required for the property shall be large trees as specified on the approved plant list. Small trees shall be used under existing or proposed overhead utility lines.
7. Necessary driveways from the public right-of-way shall be permitted through all required landscaping. The maximum width for driveways shall be forty feet (40') for multifamily and nonresidential two-way movements; thirty feet (30') for multifamily two-way movements; twenty-five feet (25') for multifamily and nonresidential one-way movements; and, fifteen feet (15') for multifamily one-way movements; or in accordance with the standards set forth in the Rhome DTCS Manual.
8. Whenever an off-street parking area or vehicular use area abuts an adjacent property line, a perimeter landscape area of at least five feet (5') shall be maintained between the edge of the parking area and the adjacent property line. Whenever the adjacent property is used or zoned for residential use, a landscaped area of at least ten feet (10') shall be provided (see Section 40 for additional screening wall requirements) planted with one large tree for each forty (40) linear feet, or portion thereof, of adjacent exposure.
TREE PRESERVATION:

During any construction or land development, the developer shall clearly mark all trees to be maintained and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the drip-line of any trees.

During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain. Neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar etc. under the canopy of any tree or groups of trees to remain.
SIGHT DISTANCE AND VISIBILITY:

Rigid compliance with these landscaping requirements shall not cause visibility obstructions and/or blind corners at intersections. Whenever an access way abuts the intersection of two (2) or more public rights-of-way, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between three (3) and six (6) feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas are:
1. The areas of property located on both sides of the intersection of an access way and public right-of-way shall have a triangular visibility area with two (2) sides of each triangle being a minimum of ten feet (10') in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides.
2. The areas of property located at a corner, formed by the intersection of two (2) or more public rights-of-way, shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty-five feet (25') in length, from the point of the intersection, and the third side being a line connecting the ends of the other two (2) sides. (See Section 42(B,5))
Landscaping except required grass and low ground cover shall not be located closer than three feet (3') from the edge of any access way pavement.

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the City Secretary, the requirements set forth herein may be reduced to the extent to remove the conflict.

SECTION 38 SIGN REGULATIONS

PURPOSE:

Signs use private land near the public rights-of-way to inform and persuade the general public by publishing a message. This section provides standards for the erection and maintenance of private signs. All private signs not exempt as provided below shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote health, safety, welfare, convenience, and enjoyment of the public, and in part, to achieve the following:
1. Safety: To promote the safety of persons and property by providing that signs:
  1. Do not create a hazard due to collapse, fire, collision, decay or abandonment.
  2. Do not obstruct firefighting or police surveillance.
  3. Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver’s ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs.
2. Communications Efficiency: To promote the efficient transfer of information in sign messages by providing that:
  1. Those signs that provide messages and information most needed and sought by the public are given priorities.
  2. Businesses and services may identify themselves.
  3. Customers and other persons may locate a business or service.
  4. No person or group is arbitrarily denied the use of the sight lines from the public rights-of-way.
  5. Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer’s purpose.
3. Landscape Quality and Preservation: To protect the public welfare and to enhance the appearance and economic value of the cityscape, by providing that signs:
  1. Do not interfere with scenic views.
  2. Do not create a nuisance to persons using the public rights-of-way.
  3. Do not create a nuisance to occupants of adjacent and contiguous property by their brightness, size, height or movement.
  4. Are not detrimental to land or property values.
ADMINISTRATION:

The provisions of this Ordinance shall be administered and enforced by the Building Official or designated representative of the City of Rhome.
BILLBOARDS PROHIBITED:

It is the express intent of the City Council to prohibit the erection, maintenance or use of any sort of outdoor signage of the type normally called billboards. It shall include all such signs of any such type, whether temporary or permanent or whatever mode of construction. No signs of any type are to be permitted within the City of Rhome or its extraterritorial jurisdiction other than is expressly provided under the provisions of this Ordinance and none shall be of the type commonly described as billboards.
RESERVED

Editor’s note–The following provisions have been designated as section 38.5 by the editor.
TYPES OF SIGNS
1. Reserved
2. Reserved
3. Reserved
4. Hazardous Nuisance Signs: No sign shall be illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. Moving, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs are not allowed. Under no circumstances shall a sign constitute a traffic hazard.
5. Luminance (or Brightness)
  1. No sign shall be illuminated to such an intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. Signs shall not exceed a brightness of two hundred (200) foot lambent [foot-lamberts] at the property line. Alternating electronic data control components showing time, temperature, and similar data are allowed.
  2. No lighted sign shall be erected within one hundred and fifty feet (150') of a residential development unless the lighting is shielded from view of the residential development.
6. Movement and Directional Control Signs: Movement control signs may be erected on any occupancy or any premises, other than a single-family or duplex premises, may be attached or detached, and may be erected provided that such signs shall comply with all other applicable requirements of this ordinance. The occupant of a premises who erects a movement control sign shall comply with the following requirements:
  1. Each sign must be stationary and not exceed six (6) square feet in effective area.
  2. If a sign is an attached sign, the words must not exceed four inches in height.
  3. Each sign must convey a message that directs vehicular or pedestrian movement within or onto the premises on which the sign is located.
  4. The signs must contain no advertising or logo.
7. Moving or Flashing Signs: Strobe lights and rotating beacons are prohibited. Signs that flash messages such as time and temperature are allowed.
8. Political Signs: Political signs may be erected provided such signs comply with the following:
  1. The sign is on private property;
  2. The sign is erected no sooner than the thirtieth (30th) day before the election and is removed no later than the seventh day after the election;
  3. The area of the sign is not more than thirty-two (32) square feet per sign face;
  4. The sign does not exceed eight feet (8') in height; and,
  5. The sign is self-supporting.
  6. See Subsection G,3 for other political sign requirements in residential areas.
9. Portable Signs
  1. Portable Signs for Businesses: Portable signs shall be permitted on a temporary basis one (1) time per Certificate of Occupancy for the initial opening of a business for fifteen (15) days. The portable sign shall be removed in its entirety and no permit will be issued for that platted parcel of property for a minimum of thirty (30) days. No more than one (1) portable or temporary sign per platted lot or tract will be allowed at any time. The portable sign location must be approved and may not constitute a traffic hazard. Portable signs shall not be allowed in residential subdivisions or areas. The maximum area per side shall be forty (40) square feet.
  2. Portable Signs for Non-Profit Organizations: Portable signs shall be permitted on a temporary basis up to two (2) times a calendar year for fifteen (15) days per period or once a year up to thirty (30) days. The portable sign shall be removed in its entirety and no new permit will be issued for that platted parcel of property for a minimum of thirty days. No more than one portable or temporary sign per platted lot will be allowed at any time. Portable sign locations must be approved and may not constitute a traffic hazard. Portable signs shall not be allowed in residentially developed areas. The maximum area per side shall be forty (40) square feet.
10. Protective Signs: The occupant of a premise may erect not more than two protective signs, in accordance with the following provisions:
  1. Each sign must not exceed one (1) square foot in effective area.
  2. Detached signs must not exceed two (2) feet in height.
  3. Letters must not exceed four (4) square inches in height.
11. Restricted Language or Wording: Signs shall not display gestures or words that are obscene, profane, or pornographic in nature.
12. Searchlights: Searchlights are limited to a seventy-two (72) hour operation period. Consecutive permits are not allowed for continuous use and shall be limited to the initial opening of a business.
13. Sign on Fence, Wall, Etc.: No person shall paint a sign or attach a sign, other than nameplate and address (showing a street number), to the outside of a fence, railing or wall that is not a structural part of a building in or facing a residential zoning district, even if it is on the property line. The name of the company that constructed the fence is also permitted, but shall not exceed one square foot in size.
14. Sign on Sidewalk, Street, Etc.: No person shall attach any sign, paper, or material, paint, stencil, or write any name, number (except house or street address number) or otherwise mark on any sidewalk, curb, gutter, or street.
15. Sign on Tree, Pole, Etc.: No person shall attach or maintain any sign upon any tree or public utility pole or structure.
16. Signs over Rights-of-Way on Premises: Signs over or in public rights-of-way are prohibited. No sign shall be erected in the right-of-way except movement or traffic-control devices, street signs, or directional signs placed by the City or State.
17. Temporary Signs - General:
  1. Temporary signs such as flags, banners, or pennants, but not including political signs, are permitted on a temporary basis up to four (4) times a calendar year for fifteen (15) days per period. The temporary signs shall be removed in their entirety and no new permit will be issued for that lot or tract of property for a minimum of sixty (60) days. No temporary sign shall be converted to a permanent sign.
  2. Flags, banners, or pennants shall be located only on the main building of the business. The temporary sign shall not be located in the parking area, on parking lot lights, or on detached signs.
  3. Balloons or other inflatable advertising are permitted on a temporary basis one (1) time per Certificate of Occupancy for the initial opening of a business for fifteen (15) days.
18. Vehicular Signs: Vehicular signs shall conform to the following restrictions:
  1. It shall be unlawful to attach any sign advertising anything, other than the name of a company and the service it provides, to a trailer, skid, or similar mobile structure or vehicle. This provision does not restrict the identification signs on vehicles used for any bona-fide business activity.
  2. Signs attached to or upon any vehicle shall be prohibited when any such vehicle is allowed to remain parked in the same location or vicinity for frequent or extended periods of time, and when the intent is for the purpose of advertising an establishment, service, or product. Vehicles operating under a City franchise shall be excluded from this provision.
  3. Exempt signs: Temporary construction trailers on construction sites and advertisement of any company. Emergency vehicle signs are exempt from this Ordinance.
    
    (Ordinance 2013-11 adopted 11/14/13)
NONRESIDENTIAL SIGN REQUIREMENTS:
1. Detached On-Premise Signs
  1. Detached signs are permitted in nonresidential zoning districts as provided in this section.
  2. Detached signs must be on-premise signs.
  3. Number of Signs - Only one detached sign may be erected on any premise or lot, except that individual lots which have more than six hundred (600) feet of frontage along a public right-of-way, other than an alley, may have one (1) additional detached sign per street frontage.
  4. General Design Specifications - Except as provided in subsection F,1,d,(2),(G) below, any on-premise sign in nonresidential and multifamily districts must be a monument sign. A monument sign is defined as a freestanding sign having a low profile and made of masonry, metal, routed wood planks or beams, durable plastic or similar materials, including individual lettering, which repeat or harmonize with the architecture of the establishment it serves. Monument signs advertising single occupancy must be built on a monument base as opposed to a pole base. Monument signs advertising two (2) or more businesses may be built on a monument base or masonry supports. The base or support must be constructed in accordance with Illustrations 11A or 11B [sic]. Message boards and electronically displayed time and temperature signs may not occupy more than twenty-four (24) square feet of the area of sign face.
    1. Single-Occupant Parcels
      1. Detached monument signs, including the base, advertising single occupancy, shall not exceed eight feet (8') in height above the average grade of the nearest public rights-of-way.
      2. Signs may be single- or double-faced with the actual sign face not exceeding sixty (60) square feet per side, except as provided in subsection F,1,d,(2),(G) below. Total cross-sectional area shall not exceed five (5) square feet, except as provided in subsection F,1,d,(2),(G) below.
      3. The sign may be located next to the public right-of-way provided it does not create hazards to traffic or pedestrians, the Building Official shall approve of the exact location of the sign.
    2. Multi-Occupant Parcels
      1. Parcels having two (2) or more businesses, as permitted by individual Certificate of Occupancy permits, may have a multi-occupancy sign in place of a single-occupancy sign.
      2. Detached monument signs, including the base, advertising two (2) businesses as permitted by individual Certificate of Occupancy permits, shall not exceed ten feet (10') in height above the average grade of the nearest public right-of-way. Signs may be single- or double-faced with the actual sign face not exceeding sixty (60) square feet. Total cross-sectional area, meaning the total surface area of either side of the sign at right angles to the face containing the advertising or copy, shall not exceed eight (8) square feet.
      3. Detached monument signs, including the base, advertising more than two (2) businesses as permitted by individual Certificate of Occupancy permits, shall not exceed twelve feet (12') in height above the average grade of the nearest public right-of-way. Signs may be single- or double-faced and the actual sign face shall not exceed ninety-six (96) square feet. Total cross-sectional area, meaning the total surface area of either side of the sign at right angles to the face containing the advertising or copy, shall not exceed ten (10) square feet.
      4. Detached monument signs advertising two (2) or more businesses shall be located no closer than five feet (5') to the right-of-way and shall not create hazards to trade or pedestrians. The Building Official shall approve of the exact location of the sign.
      5. Detached Accessory Signs - A maximum of two (2) detached accessory signs such as menu boards for drive-through restaurants are permitted per lot or tract. The sign shall not exceed six feet (6') in height and shall be single-faced with the message area not exceeding twenty (20) square feet. The signs shall not face a public right-of-way which serves the front of the building.
      6. Materials - Signs shall be constructed of metal, masonry, or durable plastic. Metal signs shall have a baked-on finish. Wood shall not be used as a material except as permitted herein by site plan approval.
      7. Design Specifications for Properties Adjacent to State Highway Right-of-way - On properties which are adjacent to state highway right-of-way, the regulations stated above shall apply, except that the following exceptions shall apply: (1) one permitted on-premise sign may be a pole sign no higher than 25 feet in height, as measured from ground level adjacent to the sign, provided that such ground may not be raised to increase the allowed height of the sign, and must be located within 50 feet of the boundary of the state highway right-of-way; (2) such a permitted pole sign may be single- or double-faced, and each face may not exceed one hundred (100) square feet. Total cross-sectional area, meaning the total surface area of either side of the sign at right angles to the face containing the advertising or copy, shall not exceed fifteen (15) square feet.
        
        (Ordinance 2017-8 adopted 3/28/17)
2. Attached Signs
  
  Attached signs are permitted in business districts in accordance with the provisions of this Ordinance.
  1. All attached signs must be on-premise signs. All businesses shall be permitted to have two (2) attached signs per business.
  2. Maximum Effective Area - Total effective area of attached signs shall not exceed the following:
    1. An attached sign or signs shall not exceed or cover more than fifteen percent (15%) of the facade area of a building face or area of the front of the leasable building space.
    2. Each attached sign shall not exceed three hundred (300) square feet in effective area.
  3. Projection from Building Surface - All attached signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than eighteen (18) inches from the surface except as follows:
    
    Any on-premise or nonresidential occupancy may erect no more than one attached sign projecting up to a maximum of four (4) feet from a vertical building surface, but not above the roof, provided that the premise or occupancy maintains no detached sign on the premise, and that the sign does not exceed twenty (20) square feet in effective area and that no part of the sign descends closer to site grade than ten (10) feet, nor projects into or over any public right-of-way.
  4. Metal or wood backing is required for all attached wall or projected signs.
RESIDENTIAL ZONING DISTRICT SIGN REQUIREMENTS:
1. Application of Division
  
  The provisions of this Ordinance apply to all signs in any non-business district, and also to signs that are within twenty-five (25) feet of a residential district boundary.
2. Illuminated Signs
  
  No illuminated signs are permitted except in the MF District. Entryway signs may be illuminated. Churches, schools, and other nonresidential uses permitted in residential zoning districts may have one externally lighted sign not to exceed eight feet (8') in height or thirty-two (32) square feet per side. Illuminated signs in the MF district and nonresidential uses allowed in residential districts shall be externally lit and conform to the criteria established in Subsection F.
3. Political and Other Special On-Premise Signs
  
  An occupant in residential zoning districts may erect only special purpose signs, political signs, and on-premise signs that include movement control signs and protective signs. No sign in developed residential areas shall exceed eight (8) square feet. (See Subsection H for exceptions.)
4. Detached On-Premise Signs - Multifamily
  1. Number of Signs - Each premise may have no more than one detached premise sign provided, however, that lots with more than seven hundred fifty (750) feet of frontage along a public street, other than an alley, may have not more than one additional detached sign. Each premise may display not more than one detached special purpose sign.
  2. Setback, Effective Area, and Height - No detached monument sign shall exceed thirty-two (32) square feet per side or eight feet (8') in height. The monument sign setback must be at least three feet (3') from the street right-of-way or property line.
5. Attached On-Premise Signs - Multifamily
  
  Attached signs are permitted for multifamily developments subject to the following restrictions:
  1. All attached signs shall be for building identification only (address and building numbers).
  2. All signs erected pursuant to this section shall be limited to two (2) per building.
  3. All signs and their words shall be mounted parallel to the building surface to which they are attached. No signs or words shall be over eighteen inches (18") in height. Signs shall not be mounted on roofs and shall not project above the roof.
  4. Temporary signs (such as “for lease” banners) are permitted pursuant to Subsection E,17.
6. Detached Premise Signs - Single-Family or Duplex Lot - A single-family or duplex residential premise may display a detached temporary sign referring to the sale or lease of the premise, and may display detached political signs provided they conform to all the restrictions set forth in this section (also Subsection H). Detached signs advertising home occupations are prohibited.
7. Attached Signs - Single-Family or Duplex Structures - A single-family or duplex residential structure may display an attached sign referring to the sale or lease of the premise. This sign must conform to all restrictions set forth in this section.
GENERAL EXCEPTIONS AND OTHER REQUIREMENTS:

The following signs may be erected and maintained under these exceptions and conditions:
1. Personal Residential Property Sale (Special Purpose Sign)
  
  Permission is granted for the erection of one non-illuminated personal real estate property sale sign in the required front yard of a dwelling on private property provided that only one of each type of such sign, not exceeding three (3) square feet, may be erected. No permit shall be required.
2. Temporary Real Estate Directional Signs
  
  Off-Premise Signs are permitted in any district provided each sign does not exceed six (6) square feet according to the following standards:
  1. Signs shall be applicable to subdivisions in the City of Rhome only.
  2. Signs shall not constitute a traffic hazard or impair visibility and shall be located a minimum of fifty (50) feet from any street intersection.
  3. Street intersection is defined as a linear distance of three hundred (300) feet from the pavement or back of the curb. Signs are allowed only within the defined distance. Signs, erected at any other location, will be removed by the City.
  4. The linear distance between signs shall be a minimum of twenty feet (20'). A maximum of twelve (12) signs may be placed within the intersection. A maximum of one (1) sign per builder within the intersection may be placed as defined in Subsection H,2,c of the Ordinance.
  5. Signs shall be placed after 8:00 p.m. Friday and recovered or picked up by 12:00 a.m. Monday (midnight Sunday).
  6. Signs that do not comply with the above provisions are subject to impoundment by the City and a $5.00 recovery fee will be charged for each sign.
3. Real Estate Signs (Nonresidential or Undeveloped Property):
  
  Permission is granted to property owners for the erection of a sign to advertise the sale, lease or rent of the property on which the sign is located. Real estate signs must be spaced at least fifty feet (50') apart along a lot frontage and there may be no more than two (2) such signs per tract or building. The total effective area of each sign shall not exceed thirty-two (32) square feet per side and shall not exceed eight feet (8') in height. Signs shall be removed after eighty percent (80%) of the building permits of the platted lots have been issued in the subdivision advertised by the sign.
4. Obstruction to Doors, Windows, or Fire Escapes:
  
  No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.
5. Signs Not to Constitute a Traffic Hazard:
  
  No sign shall be erected or maintained in such a manner as to obstruct free and clear vision; or to any location where by reason of position, shape, color, degree, manner, or intensity of illumination may interfere with vehicular or pedestrian traffic. Pursuant to the foregoing, no sign shall be erected or maintained in such a manner as to be likely to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device. No sign shall make use of words, phrases, symbols, or characters, or employ any lamp or light in such a manner as to interfere with, mislead, or confuse traffic.
6. Aircraft Traffic Signs:
  
  Air navigation facilities such as directional beacons are exempt.
7. Signs Not Requiring Permits:
  
  No permit shall be required for the following signs although the standards of this Ordinance shall be met:
  1. Signs advertising the sale or lease of real property on which they are located.
  2. A protective sign that has as its purpose the protection of life and property.
  3. A sign or marker giving information about the location of underground electric transmission lines, telegraph or telephone properties and facilities, pipeline, public sewers, or water lines or other public utilities.
  4. A sign erected by an agency of the State or a political subdivision of the State.
  5. Political signs.
  6. On-site directional and movement signs, provided such directional signs do not contain advertising and are not used as such.
  7. One (1) sign with names and/or street numbers, so long as the area of such sign does not exceed one (1) square foot for each dwelling unit.
  8. Bulletin boards not over sixteen (16) square feet in area for public, charitable or religious institutions when the same are located on the premises of such institutions.
  9. One (1) temporary construction sign denoting the architect, engineer, financial institution, or contractor when placed upon the site under construction.
  10. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other noncombustible materials.
  11. Flags, emblems, and insignia of any governmental body; decorative displays for holidays or public demonstrations which do not contain advertising.
  12. Temporary real estate directional signs.

SECTION 39 ACCESSORY BUILDING AND USE REGULATIONS

Single-Family or Multifamily Districts:

In single-family or multifamily districts, an accessory building is a subordinate or incidental building, attached to or detached from the main building, not used for commercial purposes and not rented.
Nonresidential Districts:

In nonresidential districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use in existence.
AG Districts:

Accessory dwelling units in the AG district shall be allowed as an incidental residential use of a building on the same lot as the main dwelling unit and used by the same person or persons of the immediate family, and meet the following standards:
1. The accessory dwelling unit must be constructed to the rear of the main dwelling, separate from the main dwelling. Each lot must have a minimum of two (2) acres upon which a detached accessory dwelling unit may be constructed by Specific Use Permit only.
2. The accessory dwelling unit may be constructed only with the issuance of a Building Permit and shall be constructed out of the same material as the main structure.
3. The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet.
4. Setback requirements shall be the same as for the main structure.
5. Accessory dwellings are not permitted without the main or primary structure.
Accessory Dwellings over Garages:

Accessory dwellings constructed over a garage are permitted in accordance with the Use Charts, Section 34 Chart 34.2 and shall conform to the height limitations of the main structure.
Area Regulations for Accessory Building in Residential Multifamily Districts: Size of Yards:
1. Front Yard - Detached front accessory buildings shall be prohibited in front of the main building.
2. Side Yard - There shall be a side yard of not less than five feet (5') from any side lot line. In no case shall an accessory building be located in an easement or alley. An accessory building located within ten feet (10') of the main building shall meet the minimum side yard requirements for the main building. Accessory buildings adjacent to a side street shall have a side yard the same as the main building, but not less than fifteen feet (15'). Garages designed to be entered from a side street, shall have a minimum distance of twenty feet (20') to the property line.
3. Rear Yard: - There shall be a rear yard of not less than five feet (5'). In no case shall an accessory building be located in an easement or alley. An accessory building located within ten feet (10') to the main building shall meet the minimum rear yard requirements for the main building. Accessory garages or carports designed to be entered from an alley shall have a rear yard setback of 20' from the alley right-of-way.
4. Accessory buildings are not permitted without a main structure unless on tracts of two (2) acres or more and used solely for agricultural purposes.
5. Accessory buildings over two hundred (200) square feet shall meet all of the requirements (setbacks, construction, etc.) set forth for the main or primary structure.
6. The maximum overall height of an accessory building shall not exceed sixteen feet (16').
7. There shall be no more than two (2) accessory buildings per property and they shall be separated by a distance of not less than ten feet (10').
8. Wood shingles are not permitted for accessory buildings.

SECTION 40 FENCING, WALLS, AND SCREENING REQUIREMENTS

PURPOSE:

To encourage the most appropriate use of land and to conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed for the location and types of screening devices to be used in the various zoning districts or in this section in accordance with the following standards.
SCREENING OF NONRESIDENTIAL AND MULTIFAMILY AREAS:
1. In the event that a multifamily or nonresidential use sides or backs up to a residential SF, 2F, or PD District, or in the event that any nonresidential use sides or backs up to a MF District, a solid screening wall of not less than six feet (6'), nor more than eight feet (8') in height, shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.
  1. The owner of the multifamily property shall be responsible for and shall build the required wall on the property line dividing the property from the single-family or duplex residential district. This construction requirement applies only when multifamily is adjacent to residential uses. When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct the screening wall.
  2. Any screening wall or fence required under the provisions of this section, under a Specific Use Permit, Planned Development District, or other requirement shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials which do not contain openings. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.
  3. Alternative equivalent screening may be approved through the site plan approval process, Section 41.
2. All required screening walls shall be equally finished on both sides of the wall.
3. Open storage of materials, commodities, or equipment (see Section 34 Chart 34.7 Zoning Districts permitting outside storage) shall comply with the following requirements:
  1. Located behind the front building line.
  2. Observe all yard setback requirements.
  3. Screened with a minimum six-foot (6') fence or wall. See the Appendix for definition of outside storage.
  4. Standards shall not apply to outside display (see definition of outside display).
4. In all districts screening shall be required only for those areas used for open storage. A six-foot (6') fence or wall shall be provided and maintained at the property line adjacent to the area to be screened.
5. Refuse storage areas, not adjacent to an alley or rear service area, that are visible from a public right-of-way shall be visually screened by a six-foot (6') masonry wall on all sides, except the side used for garbage pickup service, such side shall provide a gate.
FENCES IN RESIDENTIAL AREAS:
1. Any fence or wall located to the rear of the minimum required front yard and is located along the common boundary between two tracts or lots, shall not exceed eight feet (8') in height above the grade of the property.
2. Except as provided by Subsection C, the maximum height of a fence in a required front yard of a single-family or duplex structure shall not exceed thirty (30) inches.
  
  All fences located in the required front yard shall be located at least five feet (5') from the property line and shall be at least fifty percent (50%) open. Chain-link fencing shall not be permitted.
3. Split rail, wrought iron and other similar fencing is permitted along the property line in the required front yard area on residential tracts or lots containing two (2) or more acres. The fencing shall be at least 50 percent open and shall not exceed six feet (6') in height.
4. All fences over six (6) feet require permits.
5. On a corner lot, fencing is permitted within the required side yard area adjacent to a street. The fence shall be located at least five (5) feet from the property line and shall not exceed six (6) feet in height as measured from the grade of the adjacent right-of-way. Fencing located on or behind the building line shall not exceed eight (8) feet in height.

SECTION 41 SITE PLAN REVIEW

SITE PLAN REVIEW:
1. Purpose
  
  This section establishes a Site Plan review process for proposed developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and stormwater management, sanitary facilities, and other utilities and services.
2. Applicability
  
  Site Plan review and approval shall be required for the following:
  1. Any nonresidential development.
  2. Any multifamily development or mobile home park.
  3. Any development with two (2) or more buildings per platted lot.
  4. Any Planned Development, Specific Use Permit, Town Center, or Historical District. (Public hearings may also be required; see Sections 29 through 33A.)
    
    No building permit shall be issued for any of the above developments unless a Site Plan is first submitted to and reviewed by the Planning and Zoning Commission and approved by the City Council. No Certificate of Occupancy shall be issued unless all construction and development conform to the Site Plan as approved by the City. A public hearing on a Site Plan is not required unless a Site Plan is prepared in conjunction with a Planned Development, SUP, Historical District, or Town Center.
3. Exemptions and Exceptions
  
  Site Plan approval shall not be required for any detached one or two dwelling unit buildings or accessory uses incidental thereto, except as provided in B(4) above.
4. Site Plan Details
  
  The Site Plan shall contain sufficient information relative to site design considerations, including but not limited to the following:
  1. Location of proposed building(s) and structures.
  2. On- and off-site circulation (including truck loading and pickup areas).
  3. Parking.
  4. Grading.
  5. Conceptual landscaping design.
  6. Placement of utilities.
  7. Screening.
  8. Engineering for streets and utilities.
  9. Drainage.
  Provisions of the above items shall conform to the principles and standards of this Ordinance. To ensure the submission of adequate Site Plan information, the City is hereby empowered to maintain and distribute a list of specific requirements for Site Plan Review applications. Upon periodic review, the City Secretary shall have the authority to update such requirements for Site Plan details.
5. Supplemental Requirements - The staff may require other information and data for specific Site Plans. This data may include, but is not limited to, geologic information, water yields, flood data, environmental information, traffic analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. Approval of a Site Plan may establish conditions for construction based on such information.
6. Principles and Standards for Site Plan Review
  
  The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the City of Rhome. The City staff shall review the Site Plan for compliance with all applicable ordinances as well as the Comprehensive Plan; harmony with surrounding uses, the overall plan for development of the City, the promotion of health, safety, order, efficiency, and economy of the City; and the maintenance of property values and the general welfare.
  
  Based upon its review, the staff may recommend approval, conditionally approve, request modifications, or recommend denial of the Site Plan based on evaluation of the Site Plan details with respect to:
  1. The Site Plan’s compliance with all provisions of the Zoning Ordinance and other ordinances of the City of Rhome, including but not limited to, off-street parking and loading, lighting, open space, and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration, or heat.
  2. The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.
  3. The relationship of the development to adjacent uses in terms of harmonious design, setbacks, maintenance of property values, and negative impacts.
  4. The provision of a safe and efficient vehicular and pedestrian circulation system.
  5. The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
  6. The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
  7. The coordination of streets to provide a convenient system of transportation consistent with the Thoroughfare Plan of the City of Rhome.
  8. The use of landscaping and screening: (1) to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and, (2) to complement the design and location of buildings to be integrated into the overall site design.
  9. Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection on adjacent properties.
  10. The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
  11. Protection and conservation of soils from erosion by wind or water or from excavation or grading.
  12. Protection and conservation of watercourses and areas subject to flooding.
  13. The adequacy of water, drainage, sewerage facilities, garbage disposal, and other utilities necessary for essential services to residents and occupants.
APPROVAL PROCESS:
1. The City staff shall place the Site Plan on the regular agenda of the Planning and Zoning Commission within ninety (90) days after submission. If recommended for approval by the Planning and Zoning Commission, the Site Plan shall automatically be placed on the City Council agenda.
2. Effect of Site Plan Approval - If development of a lot with an approved Site Plan has not commenced within one year of the date of final approval of the Site Plan, the Site Plan shall be deemed to has expired. Said review and approval shall be evaluated according to the standards above, taking into account all changes to applicable ordinances which have occurred subsequent to the prior approval of the Site Plan.
  
  It is recognized that final architectural and engineering design may necessitate minor changes in the approved Site Plan. In such cases, the City Secretary shall have the authority to approve minor modifications of an approved Site Plan, provided that such modifications do not materially change the circulation and building location on the site, or any conditions specifically attached as part of the City Council approval.

SECTION 42 SUPPLEMENTAL REGULATIONS

SETBACK REQUIREMENTS:

All setback measurements shall be made in accordance with the Illustrations.

FRONT YARDS:

On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. When single-family and duplex lots have double frontage extending from one street to another, or are on a corner, a required front yard shall be provided on both streets. If a side or rear yard building line has been established along one frontage on the plat, only one front yard is required. The side or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard. (See Illustration 8.)
When the frontage on one side of a street is divided by two or more zoning districts, the entire frontage shall comply with the requirements of the most restrictive district. (See Illustration 6.)
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eave and roof extensions, or a porch without posts or columns, may project into the required front yard for a distance not to exceed four extensions [sic]. A porch without posts or columns may project into the required front yard for a distance not to exceed four feet (4'), and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty inches (30") above the average grade of the yard. (See Illustration 7 - 8.)

Minimum front yard setbacks and lot widths with predominant frontage on the curved radius of a dedicated cul-de-sac shall be as follows:

Zoning District	Minimum Lot Width*	Minimum Front Yard
ES-10	400'	50'
ES-5	200'	50'
ES-3	140'	35'
SF-25	120'	35'
SF-15	90'	40'
SF-12	100'	30'
SF-10	70'	30'
Duplex (2F)	60'	30'
PD	As specified in the PD Ordinance
*Measured at the front building line.

Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping three feet (3') or higher above the street centerline obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection as follows:
1. At a street intersection, clear vision must be maintained for a minimum of twenty-five feet (25') across any lot measured from the corner of the property line in both directions.
2. At an intersection with an alley, this clearance must be maintained for ten feet (10).
3. Shrubs and hedges three feet (3') or less in height, as measured from the centerline of the street, may be located in the visual clearance areas of all districts.
Gasoline service station pump islands may not be located nearer than eighteen feet (18') to the property line adjacent to a public street. Pump islands for a gasoline filling station may extend beyond the building line but shall not be closer than fifteen feet (15') to any property line not adjacent to a public street provided that other requirements of this Ordinance are met.
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
Satellite dishes are prohibited in the front yard area of any district. Only one satellite dish shall be permitted per residential lot or primary structure. Satellite dishes in any residential district shall not exceed twelve feet (12') in diameter and must be approved by the Building Official.

SIDE YARDS:
1. On a corner lot used for one- or two-family dwellings, both street exposures shall be treated as front yards on all lots platted after July 6, 1960 except that where one street exposure is designated as a side yard and separated from the adjacent lot by an alley. In such case, a building line shall be designated on an approved plat with a minimum side yard of fifteen feet (15') or more. On lots that were official lots of record prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.
2. Every part of a required side yard shall be open and unobstructed, except for accessory buildings as permitted herein. (See Section 39, Accessory Buildings for exceptions.) The ordinary projections of windowsills, belt courses, cornices, and other architectural features shall not exceed twelve inches (12") into the required side yard, and roof eave projections shall not exceed thirty-six inches (36") into the required side yard. Air conditioning compressors and similar equipment are permitted in the side yard.
SPECIAL HEIGHT REGULATIONS:
1. In the districts where the height of buildings is restricted to two (2) or two and one-half (2-1/2) stories, cooling towers and antennas may extend for an additional height not to exceed fifty feet (50') above the average grade line of the building. Water standpipes, storage tanks, church steeples, domes, spires, school buildings, and institutional buildings may be erected to exceed three (3) stories in height, as long as one (1) additional foot is added to the width and depth of front, side, and rear yards for each foot that such structures exceed three (3) stories.
2. Amateur radio antennas and other transmitting and receiving devices of microwave or electromagnetic waves for broadcasting use, shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no manner shall the use of such equipment infringe upon adjoining property owners. Satellite dishes and other similar antennas shall be permitted on the roof as long as satellite dishes do not exceed three feet (3') in diameter and antennas do not exceed fifty feet (50') in height as measured from the ground. Satellite dishes shall not be visible from the street.
RADIO, TELEVISION AND MICROWAVE TOWERS:

No radio, television or microwave tower for commercial use shall be located within a distance equal to or less than the height of such tower from any residential structure or from any area zoned residential, or shown as residential on the current Master Plan. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of such area or residence.
HANDICAP ACCESSIBILITY:

All nonresidential buildings and parking areas shall conform to the Americans with Disabilities Act of 1991, as may be amended, accessibility guidelines or the Uniform Federal Accessibility Standards.
MINIMUM DWELLING UNIT AREA:

Minimum dwelling unit areas specified in this Ordinance shall be computed exclusive of breezeways, garages, open porches, carports, and accessory buildings.

SECTION 44 PERFORMANCE STANDARDS

In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and construction to the performance standards as administered by county, State, or Federal agencies. All uses, including those that may be allowed by PD or SUP, shall conform in operation, location, and construction to appropriate performance standards for noise, smoke, and particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter, vibration, and glare.
All State and Federal pollution, noise, and requirements for toxic waste disposal shall be observed.

SECTION 45 LIGHTING AND GLARE STANDARDS

PURPOSE:

Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting in parking areas.
NONRESIDENTIAL SITE LIGHTING AND GLARE STANDARDS:
1. Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector selected so that acting together the light beam is controlled and not directed across any bounding property line above a height of three (3) feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.2 footcandles. Light poles shall be placed on the site at setback equal to its height from all adjacent residential property.
2. All off-street parking areas for nonresidential uses in nonresidential districts which are used after dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark only that part is required to be illuminated in accordance with these standards. However the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements:
  1. Intensity
    1. Minimum at any point on the parking area surface to be at least 0.6 footcandles initially and at least 0.3 footcandles maintained, or one-third (1/3) of the average, whichever is greater.
    2. Illumination shall not exceed an average of 0.1 footcandle at ground level and shall distribute not more than two-tenths (0.2) footcandles of light upon any adjacent residentially zoned area.
  2. Height
    
    No light source shall exceed fifteen feet (15') in height unless approved on a Site Plan by the City Council. Streetlights and other traffic safety lighting are exempt from this standard.
RESIDENTIAL LIGHTING AND GLARE STANDARDS:

Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:
1. Direct lighting over ten feet (10') in height is shielded from adjacent property.
2. No light source shall exceed fifteen feet (15') in height unless approved by the City Council. Streetlights and other traffic safety lighting are exempt from this standard.
3. Lighting shall not directly shine on adjacent dwellings.
LUMINARIES:

Light sources shall be dome-like, indirect, diffused, or shielded type luminaries installed and maintained to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above seventy-five (75) watts and strings of lamps are prohibited, except for temporary lighting.
SPECIAL OR TEMPORARY LIGHTING - LOW WATTAGE:

Bare bulbs or strings of lamps are prohibited, except during holidays. Special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday used. Christmas tree sales are considered a temporary holiday use for the purpose of this section.

Rhome City Zoning Code

V DEVELOPMENT

STANDARDS

SECTION 35 EXTERIOR CONSTRUCTION REQUIREMENTS

MASONRY REQUIREMENTS
1. Definitions: For the purpose of this section the following definitions shall apply:
  1. Masonry construction shall include all construction of stone material, brick material, concrete masonry units, or concrete panel construction, which is composed of solid, cavity, faced, or veneered-wall construction.
    
    The standards for acceptable masonry construction types are listed below:
    1. Stone Material: Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all-weather stone. Cut stone and dimensioned stone techniques are acceptable.
    2. Brick Material: Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material which meets the latest version of ASTM standard C2 16, Standard Specification for Facing Brick (Solid Masonry Unit Made of Clay or Shale), and shall be Severe Weather (SW) grade, and Type FBA or FBS or better. Unfired or underfired clay, sand, or shale buck are not allowed.
2. Definitions: For the purpose of this section the following definitions shall apply:
  1. Masonry construction shall include all construction of stone material, brick material, concrete masonry units, or concrete panel construction, which is composed of solid, cavity, faced, or veneered-wall construction.
    
    The standards for acceptable masonry construction types are listed below:
    1. Stone Material: Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all-weather stone. Cut stone and dimensioned stone techniques are acceptable.
    2. Brick Material: Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material which meets the latest version of ASTM standard C2 16, Standard Specification for Facing Brick (Solid Masonry Unit Made of Clay or Shale), and shall be Severe Weather (SW) grade, and Type FBA or FBS or better. Unfired or underfired clay, sand, or shale buck are not allowed.
3. Acceptable glass and metal standards are as follows:
  1. Glass walls shall include glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework.
  2. Metal walls shall include profiled panels, deep ribbed panels and concealed fastener systems. Exterior finish shall be film laminated or baked-on enamel painted to the wall manufacturer’s standards.
    1. The use of corrugated, metal, plastic, or fiberglass panels is prohibited.
  3. Metal walls shall include profiled panels, deep ribbed panels and concealed fastener systems. Exterior finish shall be film laminated or baked-on enamel painted to the wall manufacturer’s standards.
  4. The use of corrugated, metal, plastic, or fiberglass panels is prohibited.
  5. The use of galvanized, aluminum coated, zinc-aluminum coated or unpainted exterior metal finish is prohibited.
CONSTRUCTION STANDARDS:
1. Construction standards: The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, altered or repaired construction occurring within the City.
  1. Residential
    1. All residential buildings and structures located in the residential zoning districts AG through 2F shall be of exterior fire resistant construction having at least eighty percent (80%) of the total exterior walls above grade level and below the first floor plate line, excluding doors and windows, constructed of brick, stone, or material of equal characteristics in accordance with the City’s building code and fire prevention code. Strict adherence to this rule shall not be such as to prevent architectural creativity.
      
      Consideration for exceptions to the above requirements shall be based only on the following:
      1. Architectural design and creativity.
      2. Compatibility with surrounding developed properties.
      Architectural variances may be considered for, but not limited to, Gingerbread, Victorian, English Tudor, or Log designs.
    2. All principal buildings and structures located in the MF District shall be of exterior fire resistant construction having at least ninety percent (90%) of the total exterior walls, excluding doors and windows, constructed of brick, stone, or other material of equal characteristics in accordance with the City’s building code and fire prevention code.
      
      Consideration for exceptions to the above requirements shall be based only on the following:
      1. Architectural design and creativity.
      2. Compatibility with surrounding developed properties.
  2. Nonresidential
    1. All nonresidential uses shall be of exterior fire resistant construction having at least seventy-five percent (75%) of the total exterior walls above grade level, excluding doors and windows, constructed of masonry or glass wall construction, in accordance with the City’s building code and fire prevention code. Building facades which face or side any public street or residential zoning districts, or otherwise have public exposure, shall be constructed entirely of stone, brick, or glass wall construction. Strict adherence to this rule shall not be such as to prevent architectural creativity. Consideration for exceptions shall be based only on the following and subject to approval by the City Council:
      1. Architectural design and creativity.
      2. Compatibility with surrounding developed properties.
    2. Metal accessory buildings over two hundred (200) square feet located in the C, IP, and LI zoning districts shall be constructed in accordance with the City’s building code and fire prevention code, except that any structure within two hundred feet (200') of a public street or residential zoning district shall be constructed of stone, brick or glass wall construction (also see 35.3 [sic] for SUP requirements). Metal exterior walls shall be compatible in color with the principal building and existing surrounding structures.
2. Exception
  
  Accessory buildings two hundred (200) square feet or less are excluded from these provisions. Barns on property of AG, ES-10 and ES-5, if such barns are used solely for agricultural, as distinguished from commercial or industrial purposes, shall be exempt from provisions of this section. Mobile homes otherwise lawfully existing under the provisions of the Zoning Ordinance shall also be excluded from the provisions of this section.
3. Metal Buildings (main or primary)
  
  In the LI zoning district, primary metal buildings may be permitted only by Specific Use Permit according to the standards in this section and Section 32. The term metal buildings shall include every building with exterior metal walls.
  
  When walls are metal, the use of corrugated panels is prohibited; profiled panels, deep ribbed panels and concealed fastener systems are permitted. Exterior finish for metal walls fronting or siding on public streets shall be of a permanent material such as a baked or enamel finish or painted to the wall manufacturer’s standards. The use of galvanized, corrugated aluminum coated, zinc-aluminum coated, or unpainted exterior metal finish is prohibited.
4. Temporary Construction Buildings
  
  Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for a specific period of time in accordance with a permit issued by the Building Inspector and subject to periodic renewal by the inspector for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the satisfaction of the Building Official.
5. All building materials shall be noted and described on the site plan.

SECTION 36 OFF-STREET PARKING AND LOADING REQUIREMENTS

PURPOSE:

To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.
RESIDENTIAL DISTRICTS - SPECIAL OFF-STREET PARKING PROVISIONS
1. Required off-street parking shall be provided on the same site.
2. All parking shall be required to be on a paved concrete or asphalt parking space, or other approved all-weather surface. All driveways and approaches to required parking spaces shall be similarly paved except in the AG district on lots two (2) acres or larger.
3. No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see definitions for heavy load vehicle).
4. In all subdivisions platted after the effective date of this ordinance, garages shall not face or be in view from a public street unless detached and located behind the main or primary structure; SF-10 and SF-12 are exempt. Side entry garages will be permitted in smaller single-family residential zoning classifications. Garages that face or are in view of a public street may be permitted by Planned Development designation. The PD shall show the floor plan and typical garage orientation.
NONRESIDENTIAL AND MF DISTRICTS - SPECIAL OFF-STREET PARKING PROVISIONS:
1. To prevent nuisance situations, all parking area lighting shall be designed and operated so that it does not reflect or shine on adjacent properties and in accordance with the standards established in Section 45.
2. For safety and firefighting purposes, free access through adjacent nonresidential parking areas shall be provided in accordance with Subsection J.
3. All required off-street parking, maneuvering, loading and storage areas shall be paved to a minimum of six (6) inches of reinforced concrete over six (6) inches cement-limed or crushed limestone stabilized base compacted to ninety-five percent (95%) density, or an alternative section approved by the Director of Public Works. Approaches shall be paved to a minimum of seven (7) inches of reinforced concrete over six (6) inches cement-limed or crushed limestone stabilized base compacted to nine-five percent (95%) density.
4. Each standard off-street surface parking space size shall be in accordance with the City design standards (see Illustrations 1 through 5 for space size and design).
5. All parking and loading spaces and vehicle sales areas on private property shall have a vehicle stopping device installed to prevent parking of motor vehicles in any landscaped areas, to prevent vehicles from hitting buildings, and to prevent any parked vehicle from overhanging a public right-of-way line or public sidewalk. An extra-wide sidewalk on private property may be permitted to allow encroachment of vehicle overhang while maintaining an unobstructed three-foot (3') minimum sidewalk width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and required landscaping. Parking shall not be permitted to encroach upon the public right-of-way in any case. All vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space.
6. Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading.
7. Handicap parking space(s) shall be provided according to the City’s adopted Building Code.
8. In all nonresidential and multifamily zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling, or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment; the storage of materials or supplies, or for any other use in conflict with designated parking and loading areas (i.e., advertising or open storage of raw materials).
9. To ensure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the City Secretary.
10. Off-street stacking requirements for drive-through facilities.
  1. A stacking space shall be an area on a site measuring (8) feet by twenty (20) feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circular driveway, parking space, or maneuvering area.
  2. For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces.
  3. For each service window of a drive-through restaurant, a minimum of five (5) spaces shall be provided.
  4. For kiosks, a minimum of two (2) stacking spaces for each service window in addition to the service window shall be provided.
  5. For each full service carwash, vacuum or gas-pump lane, a minimum of five (5) stacking spaces shall be provided.
  6. For each self-service, drive-through/automated wash bay, a minimum of three (3) stacking spaces, in addition to the wash bay, shall be provided.
  7. For each self-service open bay, a minimum of two (2) stacking spaces, in addition to the wash bay, shall be provided.
  8. For automobile quick lube facilities, a minimum of three (3) stacking spaces, in addition to the service bay, shall be provided.
OFF-STREET LOADING SPACE - ALL DISTRICTS:
1. All retail, commercial, and industrial structures having five thousand (5,000) square feet or more of gross floor area shall provide and maintain an off-street area for the loading and unloading of merchandise and goods at a ratio of at least one (1) space for the first twenty thousand (20,000) square feet of gross floor area and one (1) space for each additional twenty thousand (20,000) square feet of gross floor area or fraction thereof. A loading space shall consist of an area of a minimum of twelve (12) by thirty (30) feet. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated maneuvering area for trucks.
  
  All loading areas shall be designed where loading doors or docking areas are not visible from collectors or major thoroughfares.
  
  All loading areas used by heavy load vehicles shall be designed to minimize the impact on adjacent residential uses. If loading areas are adjacent to single-family, duplex, or multifamily areas, loading and unloading hours shall be restricted to 6:00 A.M. to 10:00 P.M.
2. Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one (1) paved off-street loading and unloading space for an automobile on a through circular drive for each ten (10) students cared for, excluding child care in a residence.
PARKING ACCESS FROM A PUBLIC STREET - ALL DISTRICTS:
1. In the approval of a Detailed Site Plan, consideration shall be given to providing entrance/exit drives that extend into the site to provide adequate queuing of vehicles on the site.
2. In all districts (except all single-family and duplex zoning districts) building plans shall provide for an entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets, as approved by the City Secretary or designated representative.
  1. Based upon analysis by the City, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane or turn lane may be required in order to reduce such interference.
  2. The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.
3. Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas, except multifamily uses.
4. Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to Illustrations 1 through 5.
PARKING REQUIREMENTS BASED ON USE:

In all districts, there shall be provided at the time any building or structure is erected or structurally altered, off-street parking spaces in accordance with the following requirements. The parking requirements are exclusive of any accessible parking space(s) to meet the requirements of the Americans with Disabilities Act (ADA).
1. Automobile parts sales (indoors): One (1) space per three hundred (300) square feet of floor area.
2. Automobile sales or service: One (1) space per five hundred (500) square feet of floor area.
3. Bank, savings and loan, or similar institution: One (1) space per three hundred (300) square feet of gross floor area.
4. Bed and breakfast facility: One (1) space per guest room, in addition to the requirements for a normal residential use.
5. Bowling alley or center: Six (6) parking spaces for each alley or lane.
6. Bus or truck repair, parking, storage area, or garage: One (1) space for each five hundred (500) square feet of floor area or repair garage with a minimum of five (5) spaces.
7. Business or professional office:
  
  Gross Floor Area (sq. ft.) Parking Requirements
  Less than 10,000 sq. ft. 1 per 200 sq. ft.
  10,000 to 75,000 sq. ft. 1 per 250 sq. ft.
  75,001 sq. ft. & over 1 per 300 sq. ft.
8. Carwash (self-serve): One (1) space per washing bay or stall in addition to the washing area or stall themselves.
9. Carwash (full service): One (1) space per one hundred fifty (150) square feet of floor area.
10. Church, rectory, or other place of worship: One (1) parking space for each three (3) seats in the main auditorium.
11. College or University: One (1) space per four (4) day students.
12. Community center, library, museum, or art gallery: Ten (10) parking spaces, plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total number of square feet, and additional parking provided on the basis of one (1) space for each four (4) seats that it contains.
13. Commercial amusement (indoor): One (1) space per one hundred (100) square feet of gross floor area or as follows:
  1. Racquetball or handball courts - Four (4) spaces for each court.
  2. Indoor tennis courts - Four (4) spaces for each court.
  3. Gymnasium, skating rinks, and martial arts schools - One (1) space for each three (3) seats at a maximum seating capacity, plus one (1) space for each two hundred (200) square feet.
  4. Swimming pool - One (1) space for each one hundred fifty (150) square feet of gross water surface and deck area.
  5. Weight lifting or exercise areas - One (1) space for each one hundred (100) square feet.
  6. Bingo parlors - One (1) space for three (3) seats (design capacity) or one (1) per one hundred (100) square feet of total floor area, whichever is greater.
  7. Indoor jogging or running tracks - One (1) space for each one hundred (100) linear feet.
  8. Motion picture theaters (which do not include live performances): a) one (1) space per three and one-half (3-1/2) seats for single-screen theaters; and, b) one (1) space per five (5) seats for motion picture theaters with two (2) or more screens.
  9. All areas for subsidiary uses not listed above or in other parts of this section (such as restaurants, office, etc.) shall be calculated in with the minimum specified for those individual uses.
14. Commercial amusement (outdoor) - Ten (10) spaces, plus one (1) space for each five hundred (500) square feet over five thousand (5,000) square feet.
15. Convenience store (with gasoline pumps) - One (1) space per two hundred (200) square feet of floor area plus one (1) space for each three (3) gasoline pump units (a unit may have up to six (6) hoses).
16. Reserved
17. Reserved
18. Reserved
19. Reserved
20. Reserved
21. Reserved
22. Reserved
23. Reserved
24. Reserved
25. Reserved
26. Reserved
27. Reserved
28. Reserved
29. Reserved
30. Reserved
31. Reserved
32. Mortuary funeral home - One (1) parking space for each two hundred (200) square feet of floor space in slumber rooms, parlors, or individual funeral service rooms.
33. Motel - One (1) parking space for each sleeping room or suite plus one (1) additional space for each two hundred fifty (250) square feet of commercial floor area contained therein.
34. Motor vehicle salesroom and used car lots - One (1) parking space for each five hundred (500) square feet of sales floor for indoor use, or one (1) parking space for each one thousand (1,000) square feet of lot area for storage, sales and parking area, whichever is greater.
35. Nursing home - One (1) space per five (5) beds and one (1) parking space for each one thousand (1,000) square feet of lot area for outdoor uses.
36. Office (administrative or professional) - One (1) space for each three hundred (300) square feet of floor area.
37. Places of public assembly not listed - One (1) space for each three (3) seats provided.
38. Racetrack, horses or dogs - One (1) for each three (3) seats plus one (1) space for each employee. Stable areas shall provide storage areas for horse trailers according to Subsection D.
39. Retail or personal service establishment, except as otherwise specified herein - One (1) space per two hundred (200) square feet of gross floor area.
40. Retirement home - One (1) space for each dwelling unit.
41. Restaurant, private club; nightclub, cafe or similar recreation or amusement establishment - One (1) parking space for each one hundred fifty (150) square feet of seating or waiting area.
42. Rooming or boarding house - One (1) parking space for each sleeping room.
43. Sanitarium, convalescent home, home for the aged, or similar institution - One (1) parking space for each five (5) beds.
44. School, elementary (grades K-6) - One (1) parking space for each fifteen (15) students (design capacity).
45. School, secondary, or middle (grades 7-8) - One (1) parking space for each fourteen (14) students (design capacity).
46. School, high school (grades 9-12) - One space for each one and one-half (1.5) students, faculty and staff (design capacity).
47. Theater, indoor or outdoor (live performances), sports arena, stadium, gymnasium or auditorium (except school auditorium) - One (1) parking space for each three (3) seats or bench seating spaces.
48. Truck stops - One (1) truck parking space for each ten thousand (10,000) square feet of site area plus one (1) vehicle parking space per two hundred (200) square feet of building area.
49. Veterinarian clinic - One (1) space for each three hundred (300) square feet of gross floor space.
50. Warehouse or wholesale type uses - One (1) space for each five thousand (5,000) square feet of gross floor area.
RULES FOR COMPUTING NUMBER OF PARKING SPACES:

In computing the number of parking spaces required for each of the above uses, the following rules shall govern:
1. “Floor Area” shall mean the gross floor area of the specific use.
2. Where fractional spaces result, the parking spaces required shall be constructed up to the next whole number.
3. The parking space requirements for a new or unlisted use, not specifically mentioned herein, shall be the same as required for a use of similar nature. If the proposed use is dissimilar to any of the uses listed herein, the City Secretary shall determine the use most closely related.
4. When a building is enlarged or a use is changed to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, spaces shall be provided on the basis of the enlargement or change.
5. For buildings which have mixed uses within the same structure (such as retail and office), the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, the parking requirement may be calculated for each use within a structure for buildings over 40,000 square feet.
6. In the case of mixed uses (different buildings) in the TC and PD Districts, only the parking spaces required shall equal the sum of the requirements of the various uses computed separately. Up to thirty percent (30%) of the parking spaces required for a theater, stadium or other place of evening entertainment (after 6:00 P.M.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during the evening. Shared parking must use the same parking lot. Reduction of parking spaces due to shared parking shall be determined by the City Secretary. To assure retention of the shared parking spaces, the parties concerned shall properly draw and execute a document expressing the same and shall file this agreement with the application for a zoning variance.
LOCATION OF PARKING SPACES:

All parking spaces required herein shall be located on the same lot as the building or use served, except as follows:
1. When an increase in the number of spaces is necessary because of a change or enlargement, and when such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces must be located no more than six hundred (600) feet from any nonresidential building served.
2. In any case, when the required parking spaces are not located on the same lot as the building or establishment being served, or when such spaces are collectively or jointly provided and used, approval by the Zoning Board of Adjustment is required.
USE OF REQUIRED PARKING SPACES, NONRESIDENTIAL DISTRICTS:

Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials, or products for sale.
FIRE LANES:

Fire lanes shall meet the requirements of the International Fire Code of the City of Rhome - Ordinance 2008-20.

SECTION 37 LANDSCAPE REQUIREMENTS

PURPOSE:

Landscaping is accepted as adding value to property and is in the general welfare of the City. Therefore, landscaping is hereafter required of new development, except single-family and agricultural uses, adjacent to public streets. Single-family uses are generally not required to provide extensive landscaping at the time of development because they rarely fail to comply with the requirements set forth herein.
SCOPE AND ENFORCEMENT:

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, altered, or repaired construction occurring within the City, except that single-family or duplex dwellings shall be exempt. Additionally, any use requiring a Special Use Permit or a PD zoning designation must comply with these landscape standards. The provisions of this section shall be administered and enforced by the City Secretary or his designee. The landscape standards in this section shall apply only to nonresidential and multifamily parcels.

If at any time after the issuance of a Certificate of Occupancy the approved landscaping is found to be in nonconformance with the standards and criteria of this section, the City Secretary shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant, or agent shall have thirty (30) days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this Ordinance.
PERMITS:

No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted and approved by the City Secretary. A conceptual or generalized landscape plan shall be shown as part of the site plan as required in Section 41. Prior to the issuance of a Certificate of Occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan.

In any case in which a Certificate of Occupancy is sought at a season of the year in which the City Secretary determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a temporary Certificate of Occupancy may be issued. Such temporary permit shall be conditioned upon the installation of all landscaping required by the landscaping plan within six (6) months of the date of the approval of the landscape plan.
LANDSCAPE PLAN:

Prior to the issuance of a building, paving, grading, or construction permit for any use other than single-family detached dwellings, a landscape plan shall be submitted to the City Engineer. The City Engineer shall review such plans and shall approve them if the plans are in accordance with the criteria of these regulations. If the plans are not in compliance, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

Landscaping plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g. landscape architect, landscape contractor or landscape designer) and shall contain the minimum following information:
1. Minimum scale of one (1) inch equals fifty feet (50').
2. Location, size and species of all trees to be preserved (do not use “tree stamps” unless they indicate true size and location of trees).
3. Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen ponds (to include depth of water), topography of site, or other landscape features.
4. Species of all plant material to be used.
5. Size of all plant material to be used.
6. Spacing of plant material where appropriate.
7. Layout and description of irrigation, sprinkler, or water systems including placement of water sources.
8. Description of maintenance provision.
9. Person(s) responsible for the preparation of the landscape plan.
10. Mark indicating North.
11. Date of the landscape plan.
MAINTENANCE:

The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping is to be maintained in a neat and orderly manner at all times. This shall include, but not be limited to, mowing of grass six (6) inches or higher, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials that die shall be replaced with plant material of similar variety and size within ninety (90) days. Trees with a trunk diameter in excess of six inches (6") measured twenty-four inches (24") above the ground may be replaced with ones of similar variety having a trunk diameter of no less than three inches (3") measured twenty-four inches (24") above the ground. However, if said landscape areas are above the minimum required landscape provisions, death of a plant or plant material that may still result in the requirements of the minimum standards being met does not necessitate replacement, except as required to maintain the integrity of the landscaping design. The City Secretary may grant an extension if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his agent.

Failure to maintain any landscape area in compliance with this section shall result in the disapproval and revocation of any issued Certificate of Occupancy associated with the occupancy of said area.
GENERAL STANDARDS:

The following criteria and standards shall apply to landscape materials and installation:
1. All required landscaped open areas shall be completely covered with living plant material. Artificial landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants.
2. Plant materials shall conform to the standards of the approved plant list for the City of Rhome (see Rhome DTCS for the approved plant list) and the American Standard for Nursery Stock. Grass seed, sod, and other material shall be clean and reasonably free of weeds and noxious pests and insects.
3. Trees shall have an average spread of crown of greater than fifteen feet (15') at maturity. Trees having a lesser average mature crown of fifteen feet (15') may be substituted by grouping the same to create the equivalent of fifteen feet (15') crown of spread. Trees shall be of a minimum of three inches (3") in caliper measured six inches (6") above the ground and seven feet (7') in height at time of planting.
4. Shrubs, which are not of the dwarf variety, shall be a minimum of two feet (2') in height, when measured immediately after planting. Hedges, where installed, shall be planted and maintained to form a continuous, unbroken, solid visual screen that will be three feet (3') high within one (1) year after time of planting.
5. Vines not intended as ground cover shall be a minimum of two feet (2') in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet landscape screening requirements as set forth.
6. Grass areas shall be sodded, plugged, sprigged, hydro-mulched or seeded except that solid sod shall be used in swales, earthen berms, or other areas subject to erosion.
7. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one (1) year of planting.
8. All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems.
9. Any trees preserved on a site meeting the herein specifications may be credited toward meeting the tree requirement of any landscaping provision of this section according to the following table:
  
  Circumference of Existing Tree Credit Against Tree Requirement
  6" to 8" 1.0 tree
  9" to 30" 1.5 trees
  31" to 46" 2.0 trees
  47" or more 3.0 trees
  Due to their limited height and size, mesquite trees will receive only fifty percent (50%) of the above credit for tree preservation. All other existing trees may receive credit if they are not on the City’s approved plant material list but approved by the City Secretary or his designee. Should any required tree designated for preservation in the landscape plan die, the owner shall replace the tree with a three-inch (3") minimum caliper tree in accordance with the credits listed above. Tree circumference shall be measured four and one-half feet (4-1/2) above natural grade.
10. Earthen berms shall have side slopes not to exceed 33.3 percent (three feet of horizontal distance for each one foot of height). All berms shall contain necessary drainage provisions as may be required by the City Secretary.
MINIMUM LANDSCAPING REQUIREMENTS FOR NONRESIDENTIAL AND MULTIFAMILY:
1. For all nonresidential and multifamily parcels with less than two hundred fifty feet (250') of frontage adjacent to a dedicated public right-of-way, at least fifteen percent (15%) of the street yard shall be permanent landscape area. Nonresidential and multifamily parcels having two hundred fifty feet (250') or more of frontage shall have at least twenty percent (20%) of the street yard in permanent landscape area. A minimum of ten percent (10%) of the entire site shall be devoted to living landscape which shall include grass, ground cover, plants, shrubs or trees. The street yard shall be defined as the area between the building front and the front property line. For gasoline service stations, a requirement of a minimum ten percent (10%) landscape area for the entire site, including a six hundred (600) square foot landscape area at appropriate intersection corners, if applicable.
2. A minimum fifteen-foot (15') landscape buffer (interior parkway) adjacent to right-of-way of any street is required. If the lot is a corner lot, both frontages shall be required to observe the fifteen-foot (15') buffer. If more than two frontages exist, then the other right-of-way frontages shall be required to have no more than seven and one-half feet (7-1/2) of landscaped area. Developers shall be required to plant (1) large tree as prescribed in Section 37(F,3) per forty (40) linear feet or portion thereof of street frontage. The landscaped portion of interior parkways may be included in the required landscape area percentage. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area.
3. Landscape areas within parking lots should generally be at least one parking space in size, with no landscape area less than fifty (50) square feet in area. There shall be a minimum of one (1) tree planted in the parking area for every four hundred (400) square feet or fraction thereof of landscaped area in the parking lot. Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate circulation patterns. Landscape islands shall be located at the terminus of all parking rows, and should contain at least one (1) tree. All landscaped areas shall be protected by a monolithic curb, or wheel stop, and remain free of trash, litter, and car bumper overhangs. Landscape areas shall be no less than five feet (5') wide and shall equal a total of at least sixteen (16) square feet per parking space. There shall be a landscaped area with at least one (1) tree within sixty feet (60') of every parking space.
4. All existing trees, which are to be preserved, shall be provided with a permeable surface under the existing drip-line of the tree. All new trees shall have a permeable surface under the drip-line of a minimum of four feet (4') by four feet (4').
5. At least seventy-five percent (75%) of the frontage of parking lots, adjacent to a public right-of-way, within the street yard, shall be screened from public streets with evergreen shrubs obtaining a minimum height of three feet (3') or a low masonry wall of equal height. Use of a wall for parking lot screening should be accompanied with landscape planting in the form of low shrubs and ground cover to soften the appearance of the wall.
6. A minimum of fifty percent (50%) of the total trees required for the property shall be large trees as specified on the approved plant list. Small trees shall be used under existing or proposed overhead utility lines.
7. Necessary driveways from the public right-of-way shall be permitted through all required landscaping. The maximum width for driveways shall be forty feet (40') for multifamily and nonresidential two-way movements; thirty feet (30') for multifamily two-way movements; twenty-five feet (25') for multifamily and nonresidential one-way movements; and, fifteen feet (15') for multifamily one-way movements; or in accordance with the standards set forth in the Rhome DTCS Manual.
8. Whenever an off-street parking area or vehicular use area abuts an adjacent property line, a perimeter landscape area of at least five feet (5') shall be maintained between the edge of the parking area and the adjacent property line. Whenever the adjacent property is used or zoned for residential use, a landscaped area of at least ten feet (10') shall be provided (see Section 40 for additional screening wall requirements) planted with one large tree for each forty (40) linear feet, or portion thereof, of adjacent exposure.
TREE PRESERVATION:

During any construction or land development, the developer shall clearly mark all trees to be maintained and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the drip-line of any trees.

During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain. Neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar etc. under the canopy of any tree or groups of trees to remain.
SIGHT DISTANCE AND VISIBILITY:

Rigid compliance with these landscaping requirements shall not cause visibility obstructions and/or blind corners at intersections. Whenever an access way abuts the intersection of two (2) or more public rights-of-way, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between three (3) and six (6) feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas are:
1. The areas of property located on both sides of the intersection of an access way and public right-of-way shall have a triangular visibility area with two (2) sides of each triangle being a minimum of ten feet (10') in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides.
2. The areas of property located at a corner, formed by the intersection of two (2) or more public rights-of-way, shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty-five feet (25') in length, from the point of the intersection, and the third side being a line connecting the ends of the other two (2) sides. (See Section 42(B,5))
Landscaping except required grass and low ground cover shall not be located closer than three feet (3') from the edge of any access way pavement.

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the City Secretary, the requirements set forth herein may be reduced to the extent to remove the conflict.

SECTION 38 SIGN REGULATIONS

PURPOSE:

Signs use private land near the public rights-of-way to inform and persuade the general public by publishing a message. This section provides standards for the erection and maintenance of private signs. All private signs not exempt as provided below shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote health, safety, welfare, convenience, and enjoyment of the public, and in part, to achieve the following:
1. Safety: To promote the safety of persons and property by providing that signs:
  1. Do not create a hazard due to collapse, fire, collision, decay or abandonment.
  2. Do not obstruct firefighting or police surveillance.
  3. Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver’s ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs.
2. Communications Efficiency: To promote the efficient transfer of information in sign messages by providing that:
  1. Those signs that provide messages and information most needed and sought by the public are given priorities.
  2. Businesses and services may identify themselves.
  3. Customers and other persons may locate a business or service.
  4. No person or group is arbitrarily denied the use of the sight lines from the public rights-of-way.
  5. Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer’s purpose.
3. Landscape Quality and Preservation: To protect the public welfare and to enhance the appearance and economic value of the cityscape, by providing that signs:
  1. Do not interfere with scenic views.
  2. Do not create a nuisance to persons using the public rights-of-way.
  3. Do not create a nuisance to occupants of adjacent and contiguous property by their brightness, size, height or movement.
  4. Are not detrimental to land or property values.
ADMINISTRATION:

The provisions of this Ordinance shall be administered and enforced by the Building Official or designated representative of the City of Rhome.
BILLBOARDS PROHIBITED:

It is the express intent of the City Council to prohibit the erection, maintenance or use of any sort of outdoor signage of the type normally called billboards. It shall include all such signs of any such type, whether temporary or permanent or whatever mode of construction. No signs of any type are to be permitted within the City of Rhome or its extraterritorial jurisdiction other than is expressly provided under the provisions of this Ordinance and none shall be of the type commonly described as billboards.
RESERVED

Editor’s note–The following provisions have been designated as section 38.5 by the editor.
TYPES OF SIGNS
1. Reserved
2. Reserved
3. Reserved
4. Hazardous Nuisance Signs: No sign shall be illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. Moving, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs are not allowed. Under no circumstances shall a sign constitute a traffic hazard.
5. Luminance (or Brightness)
  1. No sign shall be illuminated to such an intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. Signs shall not exceed a brightness of two hundred (200) foot lambent [foot-lamberts] at the property line. Alternating electronic data control components showing time, temperature, and similar data are allowed.
  2. No lighted sign shall be erected within one hundred and fifty feet (150') of a residential development unless the lighting is shielded from view of the residential development.
6. Movement and Directional Control Signs: Movement control signs may be erected on any occupancy or any premises, other than a single-family or duplex premises, may be attached or detached, and may be erected provided that such signs shall comply with all other applicable requirements of this ordinance. The occupant of a premises who erects a movement control sign shall comply with the following requirements:
  1. Each sign must be stationary and not exceed six (6) square feet in effective area.
  2. If a sign is an attached sign, the words must not exceed four inches in height.
  3. Each sign must convey a message that directs vehicular or pedestrian movement within or onto the premises on which the sign is located.
  4. The signs must contain no advertising or logo.
7. Moving or Flashing Signs: Strobe lights and rotating beacons are prohibited. Signs that flash messages such as time and temperature are allowed.
8. Political Signs: Political signs may be erected provided such signs comply with the following:
  1. The sign is on private property;
  2. The sign is erected no sooner than the thirtieth (30th) day before the election and is removed no later than the seventh day after the election;
  3. The area of the sign is not more than thirty-two (32) square feet per sign face;
  4. The sign does not exceed eight feet (8') in height; and,
  5. The sign is self-supporting.
  6. See Subsection G,3 for other political sign requirements in residential areas.
9. Portable Signs
  1. Portable Signs for Businesses: Portable signs shall be permitted on a temporary basis one (1) time per Certificate of Occupancy for the initial opening of a business for fifteen (15) days. The portable sign shall be removed in its entirety and no permit will be issued for that platted parcel of property for a minimum of thirty (30) days. No more than one (1) portable or temporary sign per platted lot or tract will be allowed at any time. The portable sign location must be approved and may not constitute a traffic hazard. Portable signs shall not be allowed in residential subdivisions or areas. The maximum area per side shall be forty (40) square feet.
  2. Portable Signs for Non-Profit Organizations: Portable signs shall be permitted on a temporary basis up to two (2) times a calendar year for fifteen (15) days per period or once a year up to thirty (30) days. The portable sign shall be removed in its entirety and no new permit will be issued for that platted parcel of property for a minimum of thirty days. No more than one portable or temporary sign per platted lot will be allowed at any time. Portable sign locations must be approved and may not constitute a traffic hazard. Portable signs shall not be allowed in residentially developed areas. The maximum area per side shall be forty (40) square feet.
10. Protective Signs: The occupant of a premise may erect not more than two protective signs, in accordance with the following provisions:
  1. Each sign must not exceed one (1) square foot in effective area.
  2. Detached signs must not exceed two (2) feet in height.
  3. Letters must not exceed four (4) square inches in height.
11. Restricted Language or Wording: Signs shall not display gestures or words that are obscene, profane, or pornographic in nature.
12. Searchlights: Searchlights are limited to a seventy-two (72) hour operation period. Consecutive permits are not allowed for continuous use and shall be limited to the initial opening of a business.
13. Sign on Fence, Wall, Etc.: No person shall paint a sign or attach a sign, other than nameplate and address (showing a street number), to the outside of a fence, railing or wall that is not a structural part of a building in or facing a residential zoning district, even if it is on the property line. The name of the company that constructed the fence is also permitted, but shall not exceed one square foot in size.
14. Sign on Sidewalk, Street, Etc.: No person shall attach any sign, paper, or material, paint, stencil, or write any name, number (except house or street address number) or otherwise mark on any sidewalk, curb, gutter, or street.
15. Sign on Tree, Pole, Etc.: No person shall attach or maintain any sign upon any tree or public utility pole or structure.
16. Signs over Rights-of-Way on Premises: Signs over or in public rights-of-way are prohibited. No sign shall be erected in the right-of-way except movement or traffic-control devices, street signs, or directional signs placed by the City or State.
17. Temporary Signs - General:
  1. Temporary signs such as flags, banners, or pennants, but not including political signs, are permitted on a temporary basis up to four (4) times a calendar year for fifteen (15) days per period. The temporary signs shall be removed in their entirety and no new permit will be issued for that lot or tract of property for a minimum of sixty (60) days. No temporary sign shall be converted to a permanent sign.
  2. Flags, banners, or pennants shall be located only on the main building of the business. The temporary sign shall not be located in the parking area, on parking lot lights, or on detached signs.
  3. Balloons or other inflatable advertising are permitted on a temporary basis one (1) time per Certificate of Occupancy for the initial opening of a business for fifteen (15) days.
18. Vehicular Signs: Vehicular signs shall conform to the following restrictions:
  1. It shall be unlawful to attach any sign advertising anything, other than the name of a company and the service it provides, to a trailer, skid, or similar mobile structure or vehicle. This provision does not restrict the identification signs on vehicles used for any bona-fide business activity.
  2. Signs attached to or upon any vehicle shall be prohibited when any such vehicle is allowed to remain parked in the same location or vicinity for frequent or extended periods of time, and when the intent is for the purpose of advertising an establishment, service, or product. Vehicles operating under a City franchise shall be excluded from this provision.
  3. Exempt signs: Temporary construction trailers on construction sites and advertisement of any company. Emergency vehicle signs are exempt from this Ordinance.
    
    (Ordinance 2013-11 adopted 11/14/13)
NONRESIDENTIAL SIGN REQUIREMENTS:
1. Detached On-Premise Signs
  1. Detached signs are permitted in nonresidential zoning districts as provided in this section.
  2. Detached signs must be on-premise signs.
  3. Number of Signs - Only one detached sign may be erected on any premise or lot, except that individual lots which have more than six hundred (600) feet of frontage along a public right-of-way, other than an alley, may have one (1) additional detached sign per street frontage.
  4. General Design Specifications - Except as provided in subsection F,1,d,(2),(G) below, any on-premise sign in nonresidential and multifamily districts must be a monument sign. A monument sign is defined as a freestanding sign having a low profile and made of masonry, metal, routed wood planks or beams, durable plastic or similar materials, including individual lettering, which repeat or harmonize with the architecture of the establishment it serves. Monument signs advertising single occupancy must be built on a monument base as opposed to a pole base. Monument signs advertising two (2) or more businesses may be built on a monument base or masonry supports. The base or support must be constructed in accordance with Illustrations 11A or 11B [sic]. Message boards and electronically displayed time and temperature signs may not occupy more than twenty-four (24) square feet of the area of sign face.
    1. Single-Occupant Parcels
      1. Detached monument signs, including the base, advertising single occupancy, shall not exceed eight feet (8') in height above the average grade of the nearest public rights-of-way.
      2. Signs may be single- or double-faced with the actual sign face not exceeding sixty (60) square feet per side, except as provided in subsection F,1,d,(2),(G) below. Total cross-sectional area shall not exceed five (5) square feet, except as provided in subsection F,1,d,(2),(G) below.
      3. The sign may be located next to the public right-of-way provided it does not create hazards to traffic or pedestrians, the Building Official shall approve of the exact location of the sign.
    2. Multi-Occupant Parcels
      1. Parcels having two (2) or more businesses, as permitted by individual Certificate of Occupancy permits, may have a multi-occupancy sign in place of a single-occupancy sign.
      2. Detached monument signs, including the base, advertising two (2) businesses as permitted by individual Certificate of Occupancy permits, shall not exceed ten feet (10') in height above the average grade of the nearest public right-of-way. Signs may be single- or double-faced with the actual sign face not exceeding sixty (60) square feet. Total cross-sectional area, meaning the total surface area of either side of the sign at right angles to the face containing the advertising or copy, shall not exceed eight (8) square feet.
      3. Detached monument signs, including the base, advertising more than two (2) businesses as permitted by individual Certificate of Occupancy permits, shall not exceed twelve feet (12') in height above the average grade of the nearest public right-of-way. Signs may be single- or double-faced and the actual sign face shall not exceed ninety-six (96) square feet. Total cross-sectional area, meaning the total surface area of either side of the sign at right angles to the face containing the advertising or copy, shall not exceed ten (10) square feet.
      4. Detached monument signs advertising two (2) or more businesses shall be located no closer than five feet (5') to the right-of-way and shall not create hazards to trade or pedestrians. The Building Official shall approve of the exact location of the sign.
      5. Detached Accessory Signs - A maximum of two (2) detached accessory signs such as menu boards for drive-through restaurants are permitted per lot or tract. The sign shall not exceed six feet (6') in height and shall be single-faced with the message area not exceeding twenty (20) square feet. The signs shall not face a public right-of-way which serves the front of the building.
      6. Materials - Signs shall be constructed of metal, masonry, or durable plastic. Metal signs shall have a baked-on finish. Wood shall not be used as a material except as permitted herein by site plan approval.
      7. Design Specifications for Properties Adjacent to State Highway Right-of-way - On properties which are adjacent to state highway right-of-way, the regulations stated above shall apply, except that the following exceptions shall apply: (1) one permitted on-premise sign may be a pole sign no higher than 25 feet in height, as measured from ground level adjacent to the sign, provided that such ground may not be raised to increase the allowed height of the sign, and must be located within 50 feet of the boundary of the state highway right-of-way; (2) such a permitted pole sign may be single- or double-faced, and each face may not exceed one hundred (100) square feet. Total cross-sectional area, meaning the total surface area of either side of the sign at right angles to the face containing the advertising or copy, shall not exceed fifteen (15) square feet.
        
        (Ordinance 2017-8 adopted 3/28/17)
2. Attached Signs
  
  Attached signs are permitted in business districts in accordance with the provisions of this Ordinance.
  1. All attached signs must be on-premise signs. All businesses shall be permitted to have two (2) attached signs per business.
  2. Maximum Effective Area - Total effective area of attached signs shall not exceed the following:
    1. An attached sign or signs shall not exceed or cover more than fifteen percent (15%) of the facade area of a building face or area of the front of the leasable building space.
    2. Each attached sign shall not exceed three hundred (300) square feet in effective area.
  3. Projection from Building Surface - All attached signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than eighteen (18) inches from the surface except as follows:
    
    Any on-premise or nonresidential occupancy may erect no more than one attached sign projecting up to a maximum of four (4) feet from a vertical building surface, but not above the roof, provided that the premise or occupancy maintains no detached sign on the premise, and that the sign does not exceed twenty (20) square feet in effective area and that no part of the sign descends closer to site grade than ten (10) feet, nor projects into or over any public right-of-way.
  4. Metal or wood backing is required for all attached wall or projected signs.
RESIDENTIAL ZONING DISTRICT SIGN REQUIREMENTS:
1. Application of Division
  
  The provisions of this Ordinance apply to all signs in any non-business district, and also to signs that are within twenty-five (25) feet of a residential district boundary.
2. Illuminated Signs
  
  No illuminated signs are permitted except in the MF District. Entryway signs may be illuminated. Churches, schools, and other nonresidential uses permitted in residential zoning districts may have one externally lighted sign not to exceed eight feet (8') in height or thirty-two (32) square feet per side. Illuminated signs in the MF district and nonresidential uses allowed in residential districts shall be externally lit and conform to the criteria established in Subsection F.
3. Political and Other Special On-Premise Signs
  
  An occupant in residential zoning districts may erect only special purpose signs, political signs, and on-premise signs that include movement control signs and protective signs. No sign in developed residential areas shall exceed eight (8) square feet. (See Subsection H for exceptions.)
4. Detached On-Premise Signs - Multifamily
  1. Number of Signs - Each premise may have no more than one detached premise sign provided, however, that lots with more than seven hundred fifty (750) feet of frontage along a public street, other than an alley, may have not more than one additional detached sign. Each premise may display not more than one detached special purpose sign.
  2. Setback, Effective Area, and Height - No detached monument sign shall exceed thirty-two (32) square feet per side or eight feet (8') in height. The monument sign setback must be at least three feet (3') from the street right-of-way or property line.
5. Attached On-Premise Signs - Multifamily
  
  Attached signs are permitted for multifamily developments subject to the following restrictions:
  1. All attached signs shall be for building identification only (address and building numbers).
  2. All signs erected pursuant to this section shall be limited to two (2) per building.
  3. All signs and their words shall be mounted parallel to the building surface to which they are attached. No signs or words shall be over eighteen inches (18") in height. Signs shall not be mounted on roofs and shall not project above the roof.
  4. Temporary signs (such as “for lease” banners) are permitted pursuant to Subsection E,17.
6. Detached Premise Signs - Single-Family or Duplex Lot - A single-family or duplex residential premise may display a detached temporary sign referring to the sale or lease of the premise, and may display detached political signs provided they conform to all the restrictions set forth in this section (also Subsection H). Detached signs advertising home occupations are prohibited.
7. Attached Signs - Single-Family or Duplex Structures - A single-family or duplex residential structure may display an attached sign referring to the sale or lease of the premise. This sign must conform to all restrictions set forth in this section.
GENERAL EXCEPTIONS AND OTHER REQUIREMENTS:

The following signs may be erected and maintained under these exceptions and conditions:
1. Personal Residential Property Sale (Special Purpose Sign)
  
  Permission is granted for the erection of one non-illuminated personal real estate property sale sign in the required front yard of a dwelling on private property provided that only one of each type of such sign, not exceeding three (3) square feet, may be erected. No permit shall be required.
2. Temporary Real Estate Directional Signs
  
  Off-Premise Signs are permitted in any district provided each sign does not exceed six (6) square feet according to the following standards:
  1. Signs shall be applicable to subdivisions in the City of Rhome only.
  2. Signs shall not constitute a traffic hazard or impair visibility and shall be located a minimum of fifty (50) feet from any street intersection.
  3. Street intersection is defined as a linear distance of three hundred (300) feet from the pavement or back of the curb. Signs are allowed only within the defined distance. Signs, erected at any other location, will be removed by the City.
  4. The linear distance between signs shall be a minimum of twenty feet (20'). A maximum of twelve (12) signs may be placed within the intersection. A maximum of one (1) sign per builder within the intersection may be placed as defined in Subsection H,2,c of the Ordinance.
  5. Signs shall be placed after 8:00 p.m. Friday and recovered or picked up by 12:00 a.m. Monday (midnight Sunday).
  6. Signs that do not comply with the above provisions are subject to impoundment by the City and a $5.00 recovery fee will be charged for each sign.
3. Real Estate Signs (Nonresidential or Undeveloped Property):
  
  Permission is granted to property owners for the erection of a sign to advertise the sale, lease or rent of the property on which the sign is located. Real estate signs must be spaced at least fifty feet (50') apart along a lot frontage and there may be no more than two (2) such signs per tract or building. The total effective area of each sign shall not exceed thirty-two (32) square feet per side and shall not exceed eight feet (8') in height. Signs shall be removed after eighty percent (80%) of the building permits of the platted lots have been issued in the subdivision advertised by the sign.
4. Obstruction to Doors, Windows, or Fire Escapes:
  
  No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.
5. Signs Not to Constitute a Traffic Hazard:
  
  No sign shall be erected or maintained in such a manner as to obstruct free and clear vision; or to any location where by reason of position, shape, color, degree, manner, or intensity of illumination may interfere with vehicular or pedestrian traffic. Pursuant to the foregoing, no sign shall be erected or maintained in such a manner as to be likely to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device. No sign shall make use of words, phrases, symbols, or characters, or employ any lamp or light in such a manner as to interfere with, mislead, or confuse traffic.
6. Aircraft Traffic Signs:
  
  Air navigation facilities such as directional beacons are exempt.
7. Signs Not Requiring Permits:
  
  No permit shall be required for the following signs although the standards of this Ordinance shall be met:
  1. Signs advertising the sale or lease of real property on which they are located.
  2. A protective sign that has as its purpose the protection of life and property.
  3. A sign or marker giving information about the location of underground electric transmission lines, telegraph or telephone properties and facilities, pipeline, public sewers, or water lines or other public utilities.
  4. A sign erected by an agency of the State or a political subdivision of the State.
  5. Political signs.
  6. On-site directional and movement signs, provided such directional signs do not contain advertising and are not used as such.
  7. One (1) sign with names and/or street numbers, so long as the area of such sign does not exceed one (1) square foot for each dwelling unit.
  8. Bulletin boards not over sixteen (16) square feet in area for public, charitable or religious institutions when the same are located on the premises of such institutions.
  9. One (1) temporary construction sign denoting the architect, engineer, financial institution, or contractor when placed upon the site under construction.
  10. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other noncombustible materials.
  11. Flags, emblems, and insignia of any governmental body; decorative displays for holidays or public demonstrations which do not contain advertising.
  12. Temporary real estate directional signs.

SECTION 39 ACCESSORY BUILDING AND USE REGULATIONS

Single-Family or Multifamily Districts:

In single-family or multifamily districts, an accessory building is a subordinate or incidental building, attached to or detached from the main building, not used for commercial purposes and not rented.
Nonresidential Districts:

In nonresidential districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use in existence.
AG Districts:

Accessory dwelling units in the AG district shall be allowed as an incidental residential use of a building on the same lot as the main dwelling unit and used by the same person or persons of the immediate family, and meet the following standards:
1. The accessory dwelling unit must be constructed to the rear of the main dwelling, separate from the main dwelling. Each lot must have a minimum of two (2) acres upon which a detached accessory dwelling unit may be constructed by Specific Use Permit only.
2. The accessory dwelling unit may be constructed only with the issuance of a Building Permit and shall be constructed out of the same material as the main structure.
3. The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet.
4. Setback requirements shall be the same as for the main structure.
5. Accessory dwellings are not permitted without the main or primary structure.
Accessory Dwellings over Garages:

Accessory dwellings constructed over a garage are permitted in accordance with the Use Charts, Section 34 Chart 34.2 and shall conform to the height limitations of the main structure.
Area Regulations for Accessory Building in Residential Multifamily Districts: Size of Yards:
1. Front Yard - Detached front accessory buildings shall be prohibited in front of the main building.
2. Side Yard - There shall be a side yard of not less than five feet (5') from any side lot line. In no case shall an accessory building be located in an easement or alley. An accessory building located within ten feet (10') of the main building shall meet the minimum side yard requirements for the main building. Accessory buildings adjacent to a side street shall have a side yard the same as the main building, but not less than fifteen feet (15'). Garages designed to be entered from a side street, shall have a minimum distance of twenty feet (20') to the property line.
3. Rear Yard: - There shall be a rear yard of not less than five feet (5'). In no case shall an accessory building be located in an easement or alley. An accessory building located within ten feet (10') to the main building shall meet the minimum rear yard requirements for the main building. Accessory garages or carports designed to be entered from an alley shall have a rear yard setback of 20' from the alley right-of-way.
4. Accessory buildings are not permitted without a main structure unless on tracts of two (2) acres or more and used solely for agricultural purposes.
5. Accessory buildings over two hundred (200) square feet shall meet all of the requirements (setbacks, construction, etc.) set forth for the main or primary structure.
6. The maximum overall height of an accessory building shall not exceed sixteen feet (16').
7. There shall be no more than two (2) accessory buildings per property and they shall be separated by a distance of not less than ten feet (10').
8. Wood shingles are not permitted for accessory buildings.

SECTION 40 FENCING, WALLS, AND SCREENING REQUIREMENTS

PURPOSE:

To encourage the most appropriate use of land and to conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed for the location and types of screening devices to be used in the various zoning districts or in this section in accordance with the following standards.
SCREENING OF NONRESIDENTIAL AND MULTIFAMILY AREAS:
1. In the event that a multifamily or nonresidential use sides or backs up to a residential SF, 2F, or PD District, or in the event that any nonresidential use sides or backs up to a MF District, a solid screening wall of not less than six feet (6'), nor more than eight feet (8') in height, shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.
  1. The owner of the multifamily property shall be responsible for and shall build the required wall on the property line dividing the property from the single-family or duplex residential district. This construction requirement applies only when multifamily is adjacent to residential uses. When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct the screening wall.
  2. Any screening wall or fence required under the provisions of this section, under a Specific Use Permit, Planned Development District, or other requirement shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials which do not contain openings. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.
  3. Alternative equivalent screening may be approved through the site plan approval process, Section 41.
2. All required screening walls shall be equally finished on both sides of the wall.
3. Open storage of materials, commodities, or equipment (see Section 34 Chart 34.7 Zoning Districts permitting outside storage) shall comply with the following requirements:
  1. Located behind the front building line.
  2. Observe all yard setback requirements.
  3. Screened with a minimum six-foot (6') fence or wall. See the Appendix for definition of outside storage.
  4. Standards shall not apply to outside display (see definition of outside display).
4. In all districts screening shall be required only for those areas used for open storage. A six-foot (6') fence or wall shall be provided and maintained at the property line adjacent to the area to be screened.
5. Refuse storage areas, not adjacent to an alley or rear service area, that are visible from a public right-of-way shall be visually screened by a six-foot (6') masonry wall on all sides, except the side used for garbage pickup service, such side shall provide a gate.
FENCES IN RESIDENTIAL AREAS:
1. Any fence or wall located to the rear of the minimum required front yard and is located along the common boundary between two tracts or lots, shall not exceed eight feet (8') in height above the grade of the property.
2. Except as provided by Subsection C, the maximum height of a fence in a required front yard of a single-family or duplex structure shall not exceed thirty (30) inches.
  
  All fences located in the required front yard shall be located at least five feet (5') from the property line and shall be at least fifty percent (50%) open. Chain-link fencing shall not be permitted.
3. Split rail, wrought iron and other similar fencing is permitted along the property line in the required front yard area on residential tracts or lots containing two (2) or more acres. The fencing shall be at least 50 percent open and shall not exceed six feet (6') in height.
4. All fences over six (6) feet require permits.
5. On a corner lot, fencing is permitted within the required side yard area adjacent to a street. The fence shall be located at least five (5) feet from the property line and shall not exceed six (6) feet in height as measured from the grade of the adjacent right-of-way. Fencing located on or behind the building line shall not exceed eight (8) feet in height.

SECTION 41 SITE PLAN REVIEW

SITE PLAN REVIEW:
1. Purpose
  
  This section establishes a Site Plan review process for proposed developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and stormwater management, sanitary facilities, and other utilities and services.
2. Applicability
  
  Site Plan review and approval shall be required for the following:
  1. Any nonresidential development.
  2. Any multifamily development or mobile home park.
  3. Any development with two (2) or more buildings per platted lot.
  4. Any Planned Development, Specific Use Permit, Town Center, or Historical District. (Public hearings may also be required; see Sections 29 through 33A.)
    
    No building permit shall be issued for any of the above developments unless a Site Plan is first submitted to and reviewed by the Planning and Zoning Commission and approved by the City Council. No Certificate of Occupancy shall be issued unless all construction and development conform to the Site Plan as approved by the City. A public hearing on a Site Plan is not required unless a Site Plan is prepared in conjunction with a Planned Development, SUP, Historical District, or Town Center.
3. Exemptions and Exceptions
  
  Site Plan approval shall not be required for any detached one or two dwelling unit buildings or accessory uses incidental thereto, except as provided in B(4) above.
4. Site Plan Details
  
  The Site Plan shall contain sufficient information relative to site design considerations, including but not limited to the following:
  1. Location of proposed building(s) and structures.
  2. On- and off-site circulation (including truck loading and pickup areas).
  3. Parking.
  4. Grading.
  5. Conceptual landscaping design.
  6. Placement of utilities.
  7. Screening.
  8. Engineering for streets and utilities.
  9. Drainage.
  Provisions of the above items shall conform to the principles and standards of this Ordinance. To ensure the submission of adequate Site Plan information, the City is hereby empowered to maintain and distribute a list of specific requirements for Site Plan Review applications. Upon periodic review, the City Secretary shall have the authority to update such requirements for Site Plan details.
5. Supplemental Requirements - The staff may require other information and data for specific Site Plans. This data may include, but is not limited to, geologic information, water yields, flood data, environmental information, traffic analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. Approval of a Site Plan may establish conditions for construction based on such information.
6. Principles and Standards for Site Plan Review
  
  The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the City of Rhome. The City staff shall review the Site Plan for compliance with all applicable ordinances as well as the Comprehensive Plan; harmony with surrounding uses, the overall plan for development of the City, the promotion of health, safety, order, efficiency, and economy of the City; and the maintenance of property values and the general welfare.
  
  Based upon its review, the staff may recommend approval, conditionally approve, request modifications, or recommend denial of the Site Plan based on evaluation of the Site Plan details with respect to:
  1. The Site Plan’s compliance with all provisions of the Zoning Ordinance and other ordinances of the City of Rhome, including but not limited to, off-street parking and loading, lighting, open space, and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration, or heat.
  2. The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.
  3. The relationship of the development to adjacent uses in terms of harmonious design, setbacks, maintenance of property values, and negative impacts.
  4. The provision of a safe and efficient vehicular and pedestrian circulation system.
  5. The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
  6. The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
  7. The coordination of streets to provide a convenient system of transportation consistent with the Thoroughfare Plan of the City of Rhome.
  8. The use of landscaping and screening: (1) to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and, (2) to complement the design and location of buildings to be integrated into the overall site design.
  9. Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection on adjacent properties.
  10. The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
  11. Protection and conservation of soils from erosion by wind or water or from excavation or grading.
  12. Protection and conservation of watercourses and areas subject to flooding.
  13. The adequacy of water, drainage, sewerage facilities, garbage disposal, and other utilities necessary for essential services to residents and occupants.
APPROVAL PROCESS:
1. The City staff shall place the Site Plan on the regular agenda of the Planning and Zoning Commission within ninety (90) days after submission. If recommended for approval by the Planning and Zoning Commission, the Site Plan shall automatically be placed on the City Council agenda.
2. Effect of Site Plan Approval - If development of a lot with an approved Site Plan has not commenced within one year of the date of final approval of the Site Plan, the Site Plan shall be deemed to has expired. Said review and approval shall be evaluated according to the standards above, taking into account all changes to applicable ordinances which have occurred subsequent to the prior approval of the Site Plan.
  
  It is recognized that final architectural and engineering design may necessitate minor changes in the approved Site Plan. In such cases, the City Secretary shall have the authority to approve minor modifications of an approved Site Plan, provided that such modifications do not materially change the circulation and building location on the site, or any conditions specifically attached as part of the City Council approval.

SECTION 42 SUPPLEMENTAL REGULATIONS

SETBACK REQUIREMENTS:

All setback measurements shall be made in accordance with the Illustrations.

FRONT YARDS:

On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. When single-family and duplex lots have double frontage extending from one street to another, or are on a corner, a required front yard shall be provided on both streets. If a side or rear yard building line has been established along one frontage on the plat, only one front yard is required. The side or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard. (See Illustration 8.)
When the frontage on one side of a street is divided by two or more zoning districts, the entire frontage shall comply with the requirements of the most restrictive district. (See Illustration 6.)
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eave and roof extensions, or a porch without posts or columns, may project into the required front yard for a distance not to exceed four extensions [sic]. A porch without posts or columns may project into the required front yard for a distance not to exceed four feet (4'), and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty inches (30") above the average grade of the yard. (See Illustration 7 - 8.)

Minimum front yard setbacks and lot widths with predominant frontage on the curved radius of a dedicated cul-de-sac shall be as follows:

Zoning District	Minimum Lot Width*	Minimum Front Yard
ES-10	400'	50'
ES-5	200'	50'
ES-3	140'	35'
SF-25	120'	35'
SF-15	90'	40'
SF-12	100'	30'
SF-10	70'	30'
Duplex (2F)	60'	30'
PD	As specified in the PD Ordinance
*Measured at the front building line.

Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping three feet (3') or higher above the street centerline obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection as follows:
1. At a street intersection, clear vision must be maintained for a minimum of twenty-five feet (25') across any lot measured from the corner of the property line in both directions.
2. At an intersection with an alley, this clearance must be maintained for ten feet (10).
3. Shrubs and hedges three feet (3') or less in height, as measured from the centerline of the street, may be located in the visual clearance areas of all districts.
Gasoline service station pump islands may not be located nearer than eighteen feet (18') to the property line adjacent to a public street. Pump islands for a gasoline filling station may extend beyond the building line but shall not be closer than fifteen feet (15') to any property line not adjacent to a public street provided that other requirements of this Ordinance are met.
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
Satellite dishes are prohibited in the front yard area of any district. Only one satellite dish shall be permitted per residential lot or primary structure. Satellite dishes in any residential district shall not exceed twelve feet (12') in diameter and must be approved by the Building Official.

SIDE YARDS:
1. On a corner lot used for one- or two-family dwellings, both street exposures shall be treated as front yards on all lots platted after July 6, 1960 except that where one street exposure is designated as a side yard and separated from the adjacent lot by an alley. In such case, a building line shall be designated on an approved plat with a minimum side yard of fifteen feet (15') or more. On lots that were official lots of record prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.
2. Every part of a required side yard shall be open and unobstructed, except for accessory buildings as permitted herein. (See Section 39, Accessory Buildings for exceptions.) The ordinary projections of windowsills, belt courses, cornices, and other architectural features shall not exceed twelve inches (12") into the required side yard, and roof eave projections shall not exceed thirty-six inches (36") into the required side yard. Air conditioning compressors and similar equipment are permitted in the side yard.
SPECIAL HEIGHT REGULATIONS:
1. In the districts where the height of buildings is restricted to two (2) or two and one-half (2-1/2) stories, cooling towers and antennas may extend for an additional height not to exceed fifty feet (50') above the average grade line of the building. Water standpipes, storage tanks, church steeples, domes, spires, school buildings, and institutional buildings may be erected to exceed three (3) stories in height, as long as one (1) additional foot is added to the width and depth of front, side, and rear yards for each foot that such structures exceed three (3) stories.
2. Amateur radio antennas and other transmitting and receiving devices of microwave or electromagnetic waves for broadcasting use, shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no manner shall the use of such equipment infringe upon adjoining property owners. Satellite dishes and other similar antennas shall be permitted on the roof as long as satellite dishes do not exceed three feet (3') in diameter and antennas do not exceed fifty feet (50') in height as measured from the ground. Satellite dishes shall not be visible from the street.
RADIO, TELEVISION AND MICROWAVE TOWERS:

No radio, television or microwave tower for commercial use shall be located within a distance equal to or less than the height of such tower from any residential structure or from any area zoned residential, or shown as residential on the current Master Plan. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of such area or residence.
HANDICAP ACCESSIBILITY:

All nonresidential buildings and parking areas shall conform to the Americans with Disabilities Act of 1991, as may be amended, accessibility guidelines or the Uniform Federal Accessibility Standards.
MINIMUM DWELLING UNIT AREA:

Minimum dwelling unit areas specified in this Ordinance shall be computed exclusive of breezeways, garages, open porches, carports, and accessory buildings.

SECTION 44 PERFORMANCE STANDARDS

In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and construction to the performance standards as administered by county, State, or Federal agencies. All uses, including those that may be allowed by PD or SUP, shall conform in operation, location, and construction to appropriate performance standards for noise, smoke, and particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter, vibration, and glare.
All State and Federal pollution, noise, and requirements for toxic waste disposal shall be observed.

SECTION 45 LIGHTING AND GLARE STANDARDS

PURPOSE:

Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting in parking areas.
NONRESIDENTIAL SITE LIGHTING AND GLARE STANDARDS:
1. Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector selected so that acting together the light beam is controlled and not directed across any bounding property line above a height of three (3) feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.2 footcandles. Light poles shall be placed on the site at setback equal to its height from all adjacent residential property.
2. All off-street parking areas for nonresidential uses in nonresidential districts which are used after dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark only that part is required to be illuminated in accordance with these standards. However the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements:
  1. Intensity
    1. Minimum at any point on the parking area surface to be at least 0.6 footcandles initially and at least 0.3 footcandles maintained, or one-third (1/3) of the average, whichever is greater.
    2. Illumination shall not exceed an average of 0.1 footcandle at ground level and shall distribute not more than two-tenths (0.2) footcandles of light upon any adjacent residentially zoned area.
  2. Height
    
    No light source shall exceed fifteen feet (15') in height unless approved on a Site Plan by the City Council. Streetlights and other traffic safety lighting are exempt from this standard.
RESIDENTIAL LIGHTING AND GLARE STANDARDS:

Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:
1. Direct lighting over ten feet (10') in height is shielded from adjacent property.
2. No light source shall exceed fifteen feet (15') in height unless approved by the City Council. Streetlights and other traffic safety lighting are exempt from this standard.
3. Lighting shall not directly shine on adjacent dwellings.
LUMINARIES:

Light sources shall be dome-like, indirect, diffused, or shielded type luminaries installed and maintained to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above seventy-five (75) watts and strings of lamps are prohibited, except for temporary lighting.
SPECIAL OR TEMPORARY LIGHTING - LOW WATTAGE:

Bare bulbs or strings of lamps are prohibited, except during holidays. Special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday used. Christmas tree sales are considered a temporary holiday use for the purpose of this section.

Gross Floor Area (sq. ft.)	Parking Requirements
Less than 10,000 sq. ft.	1 per 200 sq. ft.
10,000 to 75,000 sq. ft.	1 per 250 sq. ft.
75,001 sq. ft. & over	1 per 300 sq. ft.

Circumference of Existing Tree	Credit Against Tree Requirement
6" to 8"	1.0 tree
9" to 30"	1.5 trees
31" to 46"	2.0 trees
47" or more	3.0 trees