Trafalgar City Zoning Code

INDUSTRIAL AND

COMMERCIAL BUSINESS DISTRICTS

§ 152.055 I-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS.

(A) The I-1 District is designed for those industries which carry on their entire operation within a completely enclosed building, in such a manner that no nuisance factor is created or emitted outside an enclosed building. No storage of raw materials, manufactured products or any other materials is permitted in the non-screened open space around the buildings. Loading and unloading berths are completely enclosed or shielded by a solid screening. This district has strict controls on the intensity of land use providing protection of each industry from the encroachment of other industries. It is usually located adjacent to residential areas and may serve as a buffer between heavier industrial districts and business or residential districts. The following uses shall be permitted in the I-1 District. All uses in the I-1 District shall conform to the I-1 development standards and I-1 performance standards in this section.

(B) (1) Permitted I-1 uses.

(a) Manufacturing, fabricating, assembling, wholesaling, cleaning, testing or repairing of goods, materials or products, to include but be not limited to:

1. Electrical components, motors, signs;

2. Cloth products manufactured from finished cloth;

3. Jewelry;

4. Leather products manufactured from finished material;

5. Optional goods;

6. Upholstering and mattress;

7. Tool and die shops; and

8. Wood and wood products, including manufacturing, except commercial saw mills.

(b) Food processing, to include canning, bottling, processing and packaging of food;

(d) Engineering or research laboratories, industrial schools or training facilities; data processing or analysis;

(e) Railroad or other mass transportation right-of-way and trackage, including:

1. Railroad passenger station;

2. Off-street turnaround;

3. Layover areas for transit vehicles; and

4. Shelter stations and off-street parking facilities, provided such uses (except operating right-of-way) do not extend within 20 feet of a residential boundary.

(f) Temporary structures incidental to the development of land or to the erection of structures on the land, provided that said temporary structures shall be removed at the completion of the development or construction;

(g) Offices, incidental and accessory to a permitted industrial use, attached or detached, and including service facilities for employee or guests. Any such service facilities shall be wholly within a building and shall have no exterior advertising display;

(h) Accessory utility structures or facilities;

(I) Accessory recreation areas, indoor or outdoor, provided primarily for the convenience and use of employees of a specific industry or industrial area as a whole;

(j) Signs, as regulated in § 152.100; and

(k) Special exception: junk yard.

(2) I-1 development standards.

(a) Use.

1. Enclosed operations. All operations, servicing or processing shall be conducted within completely enclosed buildings.

2. Outside storage. All storage of materials or products shall be:

a. Within completely enclosed buildings; or

b. Effectively screened and encompassed by a chain-link lattice or similar type fence, with matching entrance and exit gates. The height of said fence shall be at least six feet and shall not exceed eight feet. In some cases, fences shall be surrounded by trees or an evergreen hedge of a height not less than the height of said fence, provided that, if the proposed storage area is bounded on all sides by a public right-of-way (to include a street or alley), such fence may then be located on the boundary lines of the lot, the setbacks, as established by division (B)(2)(b) below being expressly waived.

(b) Minimum yards.

1. Required front yard, minimum setback. A front yard, having at least 75 feet width of frontage on a public street and having a minimum depth in accordance with the following setback requirements, shall be provided along the street right-of-way line. No part of any structure excluding an eave or cornice overhang not exceeding four feet or a canopy at an entrance shall be built closer to the right-of-way of the following streets than:

a. Expressway for limited access. No part of any structure (except an eave or cornice overhang not exceeding four feet) shall be built closer than 120 feet from the right-of-way line of an expressway;

b. Arterials. No part of any structure except an eave or cornice overhang not exceeding four feet shall be built closer than 40 feet to any right-of-way line of an arterial;

c. Collector street. No part of any structure (except an eave or cornice overhang not exceeding four feet) shall be closer than 30 feet to any right-of-way line of a collector street;

d. Local street, marginal access street or cul-de-sac. No part of any structure (except an eave or cornice overhang not exceeding four feet) shall be built closer than 25 feet to any right-of-way line of local street, marginal access street or cul-de-sac, with the exception of the vehicular

turnaround thereof. No part of any structure (except an eave or cornice overhang not exceeding four feet) shall be built closer than 20 feet to any right-of-way line of the vehicular turnaround of a cul-de-sac; or

e. Federal interstate routes. No part of any structure shall be built closer to the right-of-way line of a street of highway designated as a federal interstate route than 120 feet, except:

(I) Front roads immediately paralleling federal interstate routes (with a coinciding right-of-way boundary) shall be considered collector streets, requiring a front setback of 50 feet from the right-of-way of such front road unless such front road is designated otherwise; and

(ii) If side or rear lot lines coincide with a federal interstate route right-of-way line, the required minimum side or rear setback for this district shall apply.

2. Required side yard, minimum side setback. A side yard and setback of not less than 30 feet in depth shall be provided along each lot line; provided, however, if the side lot line abuts a railroad operating right-of-way, the building shall be permitted to abut the railroad operating right-of- way, unless subject to the requirements for transitional yards of division (B)(2)(b)5. below.

3. Required rear yard, minimum rear setback. A rear yard and setback of not less than 30 feet in depth shall be provided along the rear lot line; provided, however, if the rear lot line abuts a railroad operating right-of-way, the building shall be permitted to abut the railroad operating right-of-way, unless subject to the requirements for transitional yards of division (B)(2)(b)5. below.

4. Required corner side yard, minimum setback. In any case where the side lot line abuts a street right-of-way line, there shall be provided a corner side yard in which the setback of any structure shall comply with the minimum front setback requirements of division (B)(2)(b)1. above.

5. Transitional yards.

a. Minimum front, side and rear yards and setback.

(I) Where front lot line faces a residential district on the opposite side of the street, a front yard and setback shall be provided not less than 100 feet in depth from the front lot line.

(ii) Where the side lot line abuts a side or rear lot line in an adjacent residential district, a side yard and setback not less than 50 feet in depth shall be provided along such lot line.

(iii) Where a rear lot line abuts a side or rear lot line in an adjacent residential district, a rear yard and setback not less than 50 feet in depth shall be provided along such rear lot line; provided, however, additional front, side and/or rear setback distances for transitional yards, as specified in this division (B)(2)(b) shall be required to permit building heights exceeding 22 feet to a maximum of 35 feet.

b. Hedges or row of trees.

(I) Where a side or rear lot line adjoins a residential district, a compact hedge, row of shrubbery or evergreen trees shall be provided along or within 20 feet of such lot line, and not less than six feet in height. Such hedge, shrubbery or row of trees shall extend the full length of said lot line, except that it shall be omitted between the front lot line and a point five feet greater than the required or established building setback line of the adjacent residential or business district. Any ground area between such hedge, shrubbery or row of trees and the lot line shall be planted in grass and/or shrubbery, maintained in good condition and kept free of litter.

(ii) Exception: such hedge, row of shrubbery or evergreen trees shall not be required if the entire yard between the lot line and the building is landscaped with grass, trees and shrubbery or hedges. No vegetative materials not exceeding 25% of the entire yard area may be used in combination with vegetation and structural or ornamental fixtures.

6. Use of required yards. All required yards shall be planted with grass or landscaped with other suitable groundcover materials except:

a. Required front yards may include:

(I) Pedestrian walks, driveways, entrance guard boxes, flag poles, directional signs and similar appurtenant uses;

(ii) Off-street parking areas not exceeding 10% of the total area of the required front yard and subject to the off-street regulations of § 152.085; and

(iii) Access cuts and drives, provided they are not located within 20 feet of a lot line abutting a residential district.

b. Required side and rear yards may include:

(I) Pedestrian walks, driveways, entrance guard boxes, flag poles, directional signs and similar appurtenant uses;

(ii) Off-street parking areas subject to the off-street regulations of § 152.085; and

(iii) Access cuts and drives, provided they are not located within 20 feet of a lot line abutting a residential district.

1. Generally.

a. Maximum vertical height of buildings and structures shall be 35 feet; provided, however, along any required front, side or rear setback line which is adjacent to a residential district, the maximum vertical height shall be:

b. Twenty-two feet, or 35 feet if for each foot of height in excess of 22 feet, to an absolute maximum height of 35 feet, one additional foot setback shall be provided beyond adjacent required front, side or rear setback line.

2. Height exceptions. The following exceptions to the height regulations shall be permitted:

a. Parapet walls not exceeding two feet in height;

b. Roof structure for the housing of elevators, stairways, air conditioning apparatus, roof water tanks, ventilating fans, skylights or similar equipment to operate and maintain the building;

c. Chimneys, smokestacks, flag poles, radio and television antennas and other similar structures; and

d. A monitor roof not exceeding 25% of the total horizontal area of the roof.

(C) Performance standards. All uses established or placed into operation after the effective date of this chapter shall comply with the following performance standards. No use in existence on the effective date of this chapter shall be so altered or modified as to conflict with these standards.

(1) Vibration, odor, glare, heat. In no case shall production or operational, vibration, odor, glare or intense heat be permitted to escape beyond the lot lines.

(2) Smoke, particulate matter, noxious matter. The emission of smoke, particulate matter or noxious or toxic gases shall conform to the standards and regulations of the State Air Pollution Control Board.

(3) Fire and explosive hazards. The storage, utilization or manufacture of all products or materials shall conform to the standards prescribed by the National Fire Protection Association. Such storage, utilization or manufacturing shall not produce a hazard or endanger the public health, its safety or welfare.

(4) Discharge of waste matter and storm drainage. No use shall accumulate or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards

and regulations of the State Department of Environmental Management; or in such a manner as to endanger the public health, safety or welfare; or cause injury to property.

(5) Prior to improvement location permit issuance for any industrial use.

(a) Plans and specifications for proposed sewage disposal facilities (unless a connection is being made to a public sewer) and industrial waste treatment and disposal facilities shall be submitted for a written approval from the State Department of Environmental Management.

(b) Written approval of proposed connection to a public sewer shall be obtained from the Sewage Utility Superintendent of the town; and

(c) Plans and specifications for proposed storm drainage facilities shall be certified by a registered engineer and submitted for a written approval from the Building Commissioner of the town.

(Ord., § 1-23, passed - -1991)

§ 152.056 CB COMMERCIAL BUSINESS REGULATIONS.

The following regulations shall apply to all land within the commercial areas along local roads as well as along state highways.

(A) After the effective date of this chapter:

(1) With the exception of legally established nonconforming uses, no land, building, structure, premises or part thereof shall be used or occupied except in conformity with these regulations and for uses permitted by this chapter;

(2) No building, structure, premises or part thereof shall be constructed, erected, converted, enlarged, extended, reconstructed or relocated except in conformity with these regulations and for uses permitted by this chapter;

(3) Provided, however, legally established nonconforming uses may be reconstructed if damaged or partially destroyed by fire or other disaster when such damage or destruction does not exceed two-thirds of the gross floor area of the structure or facilities affected;

(4) Provided further, however, any legally established nonconforming use, public elementary, junior high or high school (including any structures, facilities and parking areas accessory thereto) may be constructed, erected, converted, enlarged, extended, reconstructed or relocated for such public elementary, junior high or high school use on the same lot or parcel; and

(5) Provided further, that a resident living in a commercial district will be exempt from obtaining a variance for an addition or modification to his or her existing buildings as long as such modification or addition does not increase the value of the principal building by more than 25% of its pre-improvement market value (excluding the price of the land), unless such a building is permanently changed to a conforming use. Otherwise modifications must comply with R-1, R-2 and R-3 Zoning District regulations.

(B) All uses established or placed into operation after the effective date of this chapter shall comply with the following performance standards. No use in existence on the effective date of this chapter shall be so altered or modified as to conflict with these standards.

(1) Vibration. No use shall cause earth vibrations or concussions detectable beyond the lot lines without the aid of instruments.

(2) Smoke. No use shall emit smoke of a density equal to or greater than No. 1 according to the Ringelmann Scale, as now published and used by the U.S. Bureau of Mines, which is incorporated by reference and made a part thereof.

(3) Smoke, particulate matter, noxious matter. The emission of smoke, particulate matter or noxious or toxic gases shall conform to the standards and regulations of the State Air Pollution Control Board.

(4) Odor. No use shall emit across the lot lines odor in such quantity as to be readily detectable at any point along the lot lines and as to be detrimental to or endanger the public health, safety or welfare or cause injury to property.

(5) Sound. No use shall produce sound in such a manner as to endanger the public health, safety or welfare or cause injury to property. Sound shall be muffled so as not to become detrimental due to intermittence, beat frequency, shrillness or vibration.

(6) Heat and glare. No use shall produce heat or glare creating a hazard perceptible from any point beyond lot lines.

(7) Waste matter. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the State Department of Environmental Management or in such a manner as to endanger the public health, safety or welfare or cause it injury to property.

(Ord., § 1-27, passed - -1991; Ord. 2011-0008, passed 11-17-2011)

§ 152.057 COMMERCIAL AREAS ALONG LOCAL ROADS.

The purpose of this district is to permit a complete range of retail sales, and personal, professional and business services required to meet the needs of a residential neighborhood.

(A) Permitted uses.

(1) Professional services, including but not limited to:

(a) Doctors and dentists;

(b) Interior decorator;

(d) Music;

(e) Art;

(f) Language and artisan schools; and

(g) Beauty and barber schools.

(2) Clothing service, including but not limited to:

(a) Laundry agency;

(b) Self-service laundry;

(c) Dry cleaning establishment, provided that there is not more than two clothes cleaning units, the weight of which shall have a rated capacity of more than 40 pounds, using cleaning fluid which is non-explosive and nonflammable;

(d) Dressmaking;

(e) Millinery;

(f) Tailor and pressing shop; and

(g) Shoe repair shop.

(3) Equipment service, including but not limited to:

(a) Radio shop;

(b) Electric appliance shop; and

(4) Food service, limited to:

(a) Grocery;

(b) Meat market;

(d) Delicatessen;

(e) Bakery; and

(f) Restaurant.

(5) Personal service, limited to:

(a) Barber shop;

(b) Beauty shop;

(d) Photographic studio; and

(e) Tanning salon.

(6) Retail service, retail stores generally limited to:

(a) Drug store;

(b) Hardware;

(d) Newsdealer.

(7) Automobile service, including but not limited to gasoline service station, provided it is limited to not more than three service bays, indoors only; provided, however, that the service station function, services, operation and sales shall not include the following:

(a) The sale, rental, display or storage of new or used motor vehicles, trailers, tractors, machinery or other similar equipment; or merchandise not related to the minor servicing of motor vehicles or for the immediate convenience of customers;

(b) Major servicing of motor or body repair, such as but not limited to body or fender work, motor overhaul, major transmission repair, auto glass work and tire recapping;

(d) A driveway so located and constructed that it permits traffic movement completely around or behind the service station structure (except where necessary to provide adequate access to the off-street parking area, building storage tanks, trash containers and the like, or to adjacent commercial property, or in the case of a station designed to provide service on all sides).

(8) Special exception: business services, including but not limited to:

(a) Bank;

(b) Office;

(d) Telephone or telegraph office; and

(e) All other retail uses.

(9) Accessory uses and structures, subordinate, appropriate and incidental to the above permitted primary uses;

(10) Temporary structures, incidental to the development of land during construction;

(11) Churches; and

(12) Day care centers.

(B) Development standards.

(1) Use. All uses and operations (except off-street loading and off-street parking) shall be conducted within completely enclosed buildings, except where otherwise specifically permitted; provided, however, gasoline service stations may dispense gasoline, oil, antifreeze and other similar products and perform other minor services outdoors for customers, subject to the limitations of division (A)(7) above.

(2) Minimum yards.

(a) Required front yard minimum setback.

1. A front yard having at least 35 feet width of frontage on a public street and having a minimum depth in accordance with the following setback requirements shall be provided along the street right-of-way line: no part of any structure (excluding an eave or cornice overhang not exceeding four feet or a canopy at an entrance) shall be built closer to the right-of-way line than 30 feet.

2. No part of any structure shall be built closer to the right-of-way line of a federal interstate highway route than ten feet, except: front roads immediately paralleling federal interstate routes

(with coinciding right-of-way boundary) shall be considered collector streets, requiring a front setback of 25 feet from the right-of-way of such front road unless such front road is designated otherwise on the Functional Classification of Streets, 1990, or on the recorded plat thereof, as required by the Subdivision Control section of this chapter.

(b) Required side yard. Minimum side setback: no side yard or side setback is required unless subject to the requirements for transitional yards of § 152.058(B)(7)(e).

(c) Required rear yard. Minimum rear setback: no rear yard or rear setback is required unless subject to the requirements for transitional yards of § 152.058(B)(7)(e).

(d) Required corner side yard. In any case where the side or rear lot line abuts a street right-of-way line, there shall be provided a side or rear yard in which the setback of any structure shall comply with the minimum front setback requirement of division (B)(2)(a) above, the required front yard minimum setback.

(e) Transitional yards.

1. Yards abutting a residential district:

a. Where a front yard lot line abuts a street right-of-way on the opposite side of which is a residential district, the minimum required front yard and setback shall be the same as the standard front yard and setback requirements of division (B)(2)(a) above. The front yard use of the minimum required transitional front yard shall not include off-street parking, collector, local, arterial or cul-de-sac. If the abutting street is an expressway, the front yard may include off-street parking, provided a 20-foot wide strip of said required front yard paralleling and measured from the front lot line, and extending the full length thereof (except for walks, access cuts and driveways), shall be maintained as landscaped portion of the yard in conformance with division (B)(2)(e)2. below.

b. Where a side or rear lot line abuts either a side or rear lot line in an adjacent residential district, a side or rear yard and setback both not less than 20 feet in depth shall be provided along such side or rear lot line; provided, however, where a dedicated alley separates such side or rear lot line from the residential district, said side or rear yard and setback shall be not less than ten feet.

2. Screening and landscaping of transitional yards, yards fronting upon or abutting a residential district:

a. Front transitional yards (fronting upon a residential district) shall be landscaped in an open pattern in grass and shrubbery, trees and/or hedge to provide a partial screening of commercial use.

(I) An ornamental decorative fence or masonry wall, not more than two and one-half feet in height if solid, or six feet if open, may be used in conjunction with the landscaping; provided, however, along any portion of said transitional front yard in which an off-street parking area is located, there shall be provided and maintained along the front lot line a buffer screen of either:

I. Architectural screen. A wall or fence of ornamental block, brick, solid wood fencing or combination thereof. Said wall or fence shall be at least 48 inches in height and shall be so constructed to such minimum height to restrict any view; or

II. Plant material screen. A compact hedge of evergreen or deciduous shrubs, at least 36 inches in height at the time of planting.

(ii) Ground area between such wall, fence or hedge and the front lot line shall be planted and maintained in grass, other suitable groundcover, shrubbery and/or trees. All shrubs and trees shall be planted, balled and burlapped and shall meet the standards of the American Association of Nurserymen.

(iii) To provide maximum flexibility in the landscape design of said screen and ground area, a variety of plant material may be used; provided, however that a plan indicating the species, variety, size, spacing and location of all plants shall be filed and approved by the Building Commissioner prior to the time planted.

b. Side and rear transitional yards (abutting a residential district) shall be landscaped in grass and shrubbery, trees and/or hedge to form an effective screening of the commercial use. An ornamental, decorative fence or masonry wall may be used in conjunction with landscaping; provided, however, if any portion of a side or rear transitional yard is used for a driveway or off-street parking, there shall be provided and maintained along the entire length of such lot line to the front yard setback line a wall or fence of ornamental block, brick, solid wall fencing or combination thereof. Said wall or fence shall be at least six feet in height to restrict the view.

6. Use of required yards. All required yard shall be landscaped, in grass and shrubbery, trees and/or hedge, or in combination with other suitable groundcover materials, except:

a. (I) Required front yards may include:

I. Pedestrian walks, access cuts, driveways, flag poles and similar appurtenant uses; and

II. Off-street parking, gasoline service station pumps, and/or open canopies (attached or detached).

(ii) However, a six-foot wide strip of the required front yard, paralleling and measured from the front lot line, and extending the full length thereof (except for walks, access cuts and driveways), shall be maintained as a landscaped portion of the front yard as required above, unless subject to the transitional yard requirements of division (B)(2)(e) above.

b. Required side and rear yards may include:

(I) Pedestrian walks, access cuts, driveways, flag poles and similar appurtenant uses; and

(ii) Off-street parking, subject to the requirements of division (B)(2)(e) above as applicable and § 152.085.

7. Maximum height. Maximum height of buildings and structures shall be 35 feet.

(1) Signs. Signs and advertising devices shall comply with the sign regulations of § 152.100.

(2) Off-street parking. Off-street parking facilities shall be provided in accordance with the off-street parking regulations of § 152.085.

(3) Off-street loading. Off-street loading facilities shall be provided in accordance with the off-street loading regulations of § 152.086.

(Ord., § 1-28, passed - -1991)

§ 152.058 COMMERCIAL DISTRICTS ALONG STATE HIGHWAYS 135 AND 252.

The purpose of this section is to establish standards for the design of sites, buildings, structures, plantings, signs, street hardware and such other improvements that are visible to the public and affect the physical development of land adjacent to State Roads 135 and 252 as shown on the most recent Town Zone Map.

(A) Permitted uses. Those permitted uses listed in § 152.057(A) shall be permitted.

(B) Development standards.

(2) General design standards.

(a) All structures will be evaluated on the overall appearance of the project and shall be based on the quality of its design and its relationship to the surrounding areas.

(b) The quality of design goes beyond the materials of construction to include scale, mass, color, proportion and compatibility with adjoining developments.

(d) Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationships to one another.

(e) For any design in which the structure frame is exposed to view, the structure materials shall be compatible within themselves and harmonious with their surroundings.

(f) Monotony of design in single- or multiple-building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. In multiple-building projects, variable sitting of individual buildings may be used to prevent a monotonous appearance.

(3) Architectural design requirements.

(a) Exterior metal walls shall be prohibited on all buildings erected, constructed, altered, repaired or used on this district.

(b) Building facades may be constructed from masonry or glass, as defined below, or other materials or products which provide the same desired stability and quality. Products other than those listed below must be approved by the Town Plan Commission.

1. Masonry construction, which shall include all masonry construction which is composed of solid, cavity, faced or veneered-wall construction.

a. Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble or other hard and durable all-weather stone. Ashlar, cut stone and dimensioned stone construction techniques are acceptable.

b. Brick material used for masonry construction shall be composed of hard fired (kiln-fired), all-weather standard size brick or other all-weather facing brick.

c. Concrete finish or precast concrete panel (tilt wall) construction shall be exposed aggregate, bush-hammered, sandblasted or other concrete finish as approved by the Town Plan Commission or its duly appointed or designated representative.

2. Glass walls, which shall include glass curtain walls or glass block construction. A GLASS CURTAIN WALL shall be defined as an exterior wall which carries no floor or roof loads, and which may consist of a combination of metal, glass and other surfacing material supported in a metal framework.

(c) The materials and finishes of exposed roofs shall complement those used for the exterior walls. Exposed roofs shall be defined as that portion of a roof visible from ground level of State Road 135 or any adjacent public thoroughfare or residentially zoned or used area.

(d) Roof-mounted equipment on exposed roofs shall be screened from view. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.

(e) The exposed walls and roofs of buildings shall be maintained in a clean, orderly and attractive condition; free of cracks, dents, punctures, breakage and other forms of visible marring. Materials that become excessively faded, chalked or otherwise deteriorated shall be refinished, repainted or replaced.

(f) Refuse and waste removal areas, loading berths, service yards, storage yards and exterior work areas shall be screened from view from public ways.

(4) Relationship of building to site.

(a) The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement and parking area.

(b) Site planning in which setbacks and yards are in excess of zoning restrictions is encouraged to provide an interesting relationship between buildings.

(c) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means so as to attractively landscape parking areas within the view of public ways.

(d) Without restricting the permissible limits of this zoning district, the height and scale of each building shall be compatible with its size and existing (or anticipated) adjoining buildings.

(e) Newly installed utility services and service revisions necessitated by exterior alterations shall be underground.

(5) Building orientation. All structures shall be sited to front onto corridor streets (as defined in the County Corridor Guide) or give the appearance of a front-like facade on corridor streets.

(6) Building heights.

(a) Minimum building height. All uses shall have a minimum building height of 14 feet for flat roof structures and 16 feet for pitched roof structures.

(b) Maximum height. Maximum height of buildings and structures shall be 35 feet.

(7) Minimum yards.

(a) Required front yard, minimum setback.

1. A front yard having at least 35 feet width of frontage, on a public street and having a minimum depth in accordance with the following setback requirements, shall be provided along the street right-of-way line. No part of any structure (excluding an eave or cornice overhang not exceeding four feet or a canopy at an entrance) shall be built closer to the right-of-way line than 30 feet.

2. No part of any structure shall be built closer to the right-of-way line of a federal interstate highway route than ten feet, except: front roads immediately paralleling federal interstate routes (with coinciding right-of-way boundary) shall be considered collector streets, requiring a front setback of 25 feet from the right-of-way of such front road unless such front road is designated otherwise on the Functional Classification of Streets, 1990, or on the recorded plat thereof, as required by the Subdivision Control section of the chapter.

(b) Required side yard, minimum side setback. No side yard or side setback is required unless subject to the requirements for transitional yards of division (B)(7)(e) below.

(c) Required rear yard, minimum rear setback. No rear yard or rear setback is required unless subject to the requirements for transitional yards of division (B)(7)(e) below.

(d) Required corner side yard. In any case where the side or rear lot line abuts a street right-of-way line, there shall be provided a side or rear yard in which the setback of any structure shall comply with the minimum front setback requirements of division (B)(7)(a) above, required front yard minimum setback.

(e) Transitional yards.

1. Yards abutting a residential district.

a. (I) Where a front yard lot line abuts a street right-of-way on the opposite side of which is a residential district, the minimum required front yard and setback shall be the same as the standard front yard and setback requirements of division (B)(7)(a) above.

(ii) The front yard use of the minimum required transitional front yard shall not include off-street parking, collector, local, arterial or cul-de-sac. If the abutting street is an expressway, the front yard may include off-street parking, provided a 20-foot wide strip of said required front yard, paralleling and measured from the front lot line and extending the full length thereof (except for walks, access cuts and driveways), shall be maintained as landscaped portion of the yard in conformance with division (B)(7)(e)2. below).

b. Where a side or rear lot line abuts either side or rear lot line in an adjacent residential district, a side or rear yard and setback, both not less than 20 feet in depth, shall be provided along such side or rear lot line; provided, however, where a dedicated alley separates such side or rear lot line from the residential district, said side or rear yard and setback shall be not less than ten feet.

2. Screening and landscaping of transitional yards, yards fronting upon or abutting a residential district.

a. Front transitional yards (fronting upon a residential district) shall be landscaped in an open pattern in grass and shrubbery, trees and/or hedge to provide a partial screening of commercial use.

II. Plant material screen. A compact hedge of evergreen or deciduous shrubs, at least 36 inches in height at the time of planting.

(iii) To provide maximum flexibility in the landscape design of said screen and ground area, a variety of plant material may be used; provided, however, that a plan indicating the species, variety, size, spacing and location of all plants shall be filed and approved by the Building Commissioner prior to the time planted.

b. Side and rear transitional yards (abutting a residential district) shall be landscaped in grass and shrubbery, trees and/or hedge to form an effective screening of the commercial use.

(I) An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping; provided, however, if any portion of a side or rear transitional yard is used for a driveway or off-street parking, there shall be provided and maintained along the entire length of such lot line to the front yard setback line, a wall or fence of ornamental block, brick, solid wall fencing or combination thereof.

(ii) Said wall or fence shall be at least six feet in height and shall be so constructed to such height to restrict the view.

(f) Use of required yards. All required yards shall be landscaped in grass and shrubbery, trees and/or hedge, or in combination with other suitable groundcover material, except:

1. a. Required front yards may include:

(I) Pedestrian walks, access cuts, driveways, flag poles and similar appurtenant uses; and

(ii) Off-street parking, gasoline service station pumps and/or open canopies (attached or detached).

b. However, a six-foot wide strip of the required front yard, paralleling and measured from the front lot line, and extending the full length thereof (except for walks, access cuts and driveways), shall be maintained as a landscaped portion of the front yard as required above, unless subject to the transitional yard requirements of division (B)(7)(e) above.

2. Required side and rear yards may include:

a. Pedestrian walks, access cuts, driveways, flag poles and similar appurtenant uses; and

b. Off-street parking, subject to the requirements of division (B)(7)(e) above.

(1) Signs.

(a) Signs and advertising devices shall comply with the sign regulations of § 152.100, and the regulations of this section. If this section and § 152.100 are in conflict, the section which establishes the higher standard shall prevail.

(b) Signage shall be designed to an integral part of the architectural and landscaping plans. The colors, materials and style of signage shall be architecturally compatible and accentuate the buildings and landscaping on the site. The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.

(d) Private traffic direction signs and pavement markings for the direction and control of traffic into, out of and within the site shall conform to the Manual on Uniform Traffic Control Devices as published by the State Department of Highways.

(e) The integration of project signage to identify multiple businesses is encouraged.

(f) Off-premises signage shall be prohibited in the C-2 District.

(g) All on-premises signage shall conform to the standards and requirements of the underlying districts, except that:

1. No pole sign shall exceed 25 feet in height;

2. There shall be a minimum spacing of 100 feet between any pole or ground sign located along State Road 135; and

3. In no instance shall pole signs for multiple businesses, strip commercial centers or strip business centers exceed 200 square feet of copy area.

(h) Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and surroundings.

(I) The number of graphic elements on a sign shall be held to the minimum needed to convey the sign’s major message and shall be composed in proportion to the area of the sign face.

(j) Each sign shall be compatible with the signs on adjoining premises and shall not compete for attention.

(k) Identification signs of standardized design such as corporation logos shall conform to the criteria for all other signs.

(2) Off-street parking.

(a) Off-street parking facilities shall be provided in accordance with the off-street parking regulations of § 152.085 and the regulations of this section. If this section and § 152.085 are in conflict, the section which establishes the higher standard shall prevail.

(b) Parking is to be discouraged between the greenbelt and the building(s) when other suitable areas for parking exist on the property; however, private parking may be permitted in the area between the greenbelt and the planting adjacent to the building(s) and the planting on the periphery of the property. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas wherever possible (division (C)(5)(d) below).

1. The number of parking spaces required are as established elsewhere in this chapter, depending upon the zoning and the intended land use. Alternatives to the established parking requirements may be granted to developments which have a mixture of uses whose peak parking requirements do not coincide in time and thereby may share parking spaces. The applicant shall provide expertly prepared justification for seeking such exceptions (i.e., a reference such as “shared parking”, Urban Land Institute).

2. There shall be an appropriate number of parking spaces, accessible to the building(s) and identified as reserved for use by disabled individuals, and these spaces shall be a sufficient width (minimum of 12 feet) to accommodate their needs.

(3) Off-street loading. Off-street loading facilities shall be provided in accordance with the off- street loading regulations of § 152.086.

(4) Landscaping plan. A landscaping plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e., architectural design, lighting, parking, signage and site plans) are submitted. This plan shall be drawn to scale, including dimensions and distances, shall delineate all existing and proposed structures, private parking areas, walks, ramps for disabled, terraces, driveways,

signs, lighting standards, steps and other similar structures; and shall delineate the location, size and description of all landscape materials. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated part of the landscape plan for the entire lot.

(5) Areas to be landscaped.

(a) Greenbelt. The greenbelt shall be suitably landscaped and shall be otherwise unoccupied except for steps, walks, terraces, driveways, lighting standards and other similar structures, but excluding private parking areas. Mounding and other innovative treatments are to be especially encouraged in this area.

(b) Planting adjacent to freestanding buildings.

1. A planting area equal to an area measuring five feet in depth by the width of the front of the building plus five feet (to extend out on both sides) shall be installed at the front of the building. A planting area equal to an area five feet in depth by the remaining sides of the building shall be installed on all other sides of the building.

2. Sidewalks may be permitted in these areas but shall not occupy the entire area on any side of the building. These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped and innovative and original designs are encouraged. The adjacent planting area at the rear of a structure is located less than 40 feet from the rear property line and sufficient peripheral planting is included to compensate for its removal.

(c) Peripheral planting. There shall be peripheral landscaping strip, four feet in depth, located along the side of any private parking area which abuts any side or rear property line separating the parcel from any residentially zoned or used district. At least one tree for each 50 lineal feet shall be planted in any such peripheral landscaping strip.

(d) Planting within parking lots. All parking lot landscaping shall be of a quality to improve and enhance the site and its surrounding area. Effective use of mounding and existing topography is encouraged. Landscaping and planting areas shall be reasonably dispersed throughout the parking area, and not less than 5% of a private parking lot shall be landscaped. (For purposes of this computation, landscaping in the greenbelt, adjacent to buildings, and on the periphery of the lot shall not be included.) Landscaped traffic islands shall be specifically provided at the ends of interior parking rows as a means of separating parking from major circulation aisles within lots. Parking lots with only perimeter parking shall be exempt from the requirements of this section.

(6) Landscaping standards.

(a) The interior dimensions, specifications and design of any planting area or planting medium proposed to be constructed shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth.

(b) The primary landscaping materials used in the greenbelt and adjacent to buildings shall consist of one or a combination of one of the following: shade trees, ornamental trees, shrubs, groundcovers, grass, mulches and the like.

(c) The primary landscaping materials used in and around private parking areas shall be trees which provide shade at maturity. Shrubbery, hedges and other planting material may be used to complement tree landscaping, but shall not be the sole contribution to the landscaping.

(d) All shade trees proposed to be used in accordance with any landscaping plan shall be a minimum of eight feet in overall height and have a minimum trunk diameter, 12 inches above the ground, of two inches upon planting. They should be of a variety which will attain an average mature spread greater than 20 feet.

(e) Landscaping materials selected should be appropriate to local growing and climatic conditions. Wherever appropriate, existing trees should be conserved and integrated into the landscaping plan. Plant material shall be selected for interest in its structure, texture and color and for its ultimate growth. Indigenous and other hardy plants that are harmonious to the design and of good appearance shall be used.

(f) The landscaping plan shall ensure that sight distances are not obstructed for drivers of motor vehicles.

(g) Where natural conditions or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and developed. Modification to topography shall be permitted where it contributes to good appearance.

(h) Grades of walks, parking spaces, terraces and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting.

(I) Landscaping treatment shall be provided to enhance architectural features, strengthening vistas and important axes, and provide shade. Spectacular effects shall be reserved for special locations only.

(j) Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments.

(k) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.

(l) Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings.

(m) Where building sites limit planting, the placement of appropriate trees and landscaping in parkways or paved areas is encouraged.

(n) Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting or combinations of these. Screening shall be equally effective in winter and summer.

(o) In areas where general planting will not prosper, other materials such as fences, walls and pavings of wood, brick, stone, gravel and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible.

(p) Miscellaneous structures and street hardware shall be designed to be a part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale shall be good, colors shall be in harmony with buildings and surroundings, and proportions shall be attractive.

(q) Lighting in connection with miscellaneous structures and street hardware shall be compatible to the site, landscaping, primary buildings and signage.

(7) Landscaping installation and maintenance.

(a) Installation. All landscaping required by the approved landscaping plan shall be installed prior to the issuance of a building occupancy permit if said permit is issued during a planting season, or within six months of the date an occupancy permit is issued if issued during a non-planting season.

(b) Maintenance. It shall be the responsibility of the owners and their agencies to ensure proper maintenance of the landscaping, in accordance with the standards set by this chapter and as indicated on the landscaping plan which has been approved by the Plan Commission. This is to include but is not limited to replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris.

(c) Changes after approval. No landscaping which has been approved by the Plan Commission may later be altered, eliminated or sacrificed, without first obtaining further Plan Commission approval.

(d) Inspection. The Plan Commission or Building Commissioner shall have the authority to visit any lot within the State Road 135 Commercial District to inspect the landscaping and check it against the approved plan on file.

(8) Lighting requirements. In reviewing the lighting plan for a lot proposed to be developed in the State Road 135 Commercial District, factors to be considered by the Commission shall include but are not limited to:

(a) Safety provided by the lighting;

(b) Security provided by the lighting;

(c) Possible light spillage or glare into adjoining properties or streets (spillage or glare into adjoining properties is prohibited);

(d) Attractiveness of the lighting standards and their compatibility with the overall treatment of the property;

(e) Height and placement of lighting standards considering the use; and

(f) Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided.

(9) Access to individual sites.

(a) The primary thoroughfares, must have reasonable restrictions as to the number and location of access points within the C-2 District. State Road 135 represents a major thoroughfare which must be controlled as to the number of access points (curb cuts) permitted. Therefore, in order to provide safe and sufficient traffic movement to and from adjacent lands and to protect the functional integrity of the corridor’s primary thoroughfares, in many cases frontage roads, access roads and distributor roads will have to be built. Such roads shall be coordinated with those of contiguous lots and designed to preserve the aesthetic benefits provided by the greenbelt areas. Access at the side or rear of buildings is encouraged. New access points onto the primary thoroughfares in the State Road 135 corridor shall be coordinated with existing access points whenever possible.

(b) The following curb cut policy shall apply throughout the corridor: no closer than one for each 400 feet of frontage; no curb cuts within 300 feet of any intersection of public roads. Opposing curb cuts shall align squarely or be offset no less than 300 feet. All curb cuts along state and U.S. routes must have State Department of Transportation approval.

(10) Access to potential development sites. Dead-end (stub) streets shall be built in all cases where adjacent lots have reasonable potential for development. REASONABLE POTENTIAL shall include any adjacent parcel of adequate size for commercial or residential development or any adjacent parcel so determined by the Town Plan Commission.

(11) Other standards; paving requirements. All parking areas shall be finished with a hard surface such as asphalt or concrete, per Trafalgar Standard Specifications Document.

(Ord., § 1-29, passed - -1991)