Division 3. Nonresidential Accessory Uses And Structures


§ 23-541. Accessory uses.
Latest version.

Accessory uses allowed in conjunction with nonresidential properties are those activities which are ordinarily conducted in conjunction with a nonresidential principal use and include, but are not limited to those listed in Table 23-541.

TABLE 23-541
ACCESSORY USES—NONRESIDENTIAL PROPERTIES

ALLOWED
ACCESSORY
USES
RESTRICTIONS
Day care for children of employees Services shall be limited to children of employees, and no outside signs indicating the service shall be displayed.
Food sales, including snack bars and vending machines Food sales shall be conducted either in the interior of the principal building or within a roofed accessory structure. Vending machines located along the front wall of the principal building are not required to be within a roofed structure.
Special sale or event Any use of parking area or outdoor display, sale, or storage of merchandise or services requires a special permit pursuant to section 23-216 except as allowed under section 23-343, Auctions, sales, and events, temporary.
Garaging and parking of vehicles In accordance with section 23-306. All vehicles shall be parked in approved parking spaces and shall not be parked in unpaved areas unless specifically approved pursuant to a site plan review under section 23-222.5.
Newsracks/Modular Newsracks See section 23-352
Personal services establishment Such uses shall be accessory only to offices, hotel, motels or health care facilities which have a minimum gross floor area of 20,000 sq. ft.
Retail sales of items related to the principal use of the property Sales area is limited to 25 percent of the total building floor area.
Service and repair of items sold or rented out by the principal business (example, auto service department of an auto sales business)
Storage of items related to the principal use, including temporary storage of refuse for collection. Provided that no storage shall be outside except as otherwise allowed by these land development regulations and except for dumpsters or other trash receptacles which are enclosed, screened and landscaped

 

(Ord. No. 2008-45, § 13, 12-16-08; Ord. No. 2012-04, § 3, 3-6-12)

§ 23-542. Accessory structures, in general.
Latest version.

a. Location. Accessory structures in nonresidential districts shall not be located within the front yard unless otherwise noted.

b. Setbacks. Unless otherwise noted, an accessory structure shall maintain the setbacks required in the zoning district (See Table 23-422B) and shall be limited by the ground coverage maximum as required by the zoning district in which the property is located. See Table 23-422B, "Dimensional and Area Standards—Nonresidential Districts."

TABLE 23-542
ACCESSORY STRUCTURES—NONRESIDENTIAL PROPERTIES

ALLOWED
ACCESSORY
STRUCTURES
RESTRICTIONS
Buildings, including, but not limited to, garages, carports, vending machine shelters, offices, storage sheds and utility buildings1 Vending machine shelters that serve the public, as at a gasoline station, they may be located within the front yard, but no closer than 15 feet to the front property line, and shall be landscaped per the requirements of the administrative official.
Decks and patios Decks and patios, whether or not attached or adjacent to a principal building, that have a floor one foot or more above grade shall meet the setback requirements for principal structures (See Table 422B) in a front yard and a five-foot setback in a rear or side yard.
Driveways and parking areas Driveways and parking areas are permitted in the front yard subject to requirements of section 23-306
Dumpster and garbage can enclosures1 Must be screened from view with landscaping or a solid fence with landscaping. No setback required.
Fences and hedges Subject to requirements of section 23-543
Mechanical equipment including, but not limited to heating, ventilating and air conditioning machinery, and natural or propane gas tanks Must be screened from public view; screening may include any combination of landscaping and building material. If building material is to be utilized for screening purposes and is visible from the right-of-way, such materials shall be consistent with the architectural design of the principal structure. No setback required.
Recreational facilities such as tennis courts, shuffleboard courts, playground equipment etc.1 No setback required.
Retaining walls Structures meeting the definition for "retaining wall" (See section 23-802) shall meet the setback requirements for a principal structure (See Table 422B) in a front yard and a five-foot setback in a rear or side yard.
Satellite dishes or antennas Subject to requirements of section 23-544
Signs Subject to requirements of section 23-545
Swimming pools1 Subject to requirements of section 23-546
Tents Permitted only in conjunction with special sales or public events subject to issuance of permit by administrative official and inspection by building official and fire marshal. Special permit approval required for location in parking area.
Accessory structures must meet setback requirements of zoning district, unless otherwise noted. See Table 23-422B.

 

(Ord. No. 2007-02, § 20, 3-6-2007)

§ 23-543. Fences and hedges.
Effective on Tuesday, July 7, 2015

For the purposes of this section, the word "fence" shall include walls that are constructed to enclose or screen all or part of a property. Fences and hedges are required to comply with the requirements stated herein.

Notwithstanding the provisions of this section, the use of security fencing may be used at sites, such as electrical substations and communications facilities, where such fencing is required by federal, state or local law, or other sections of this Code. Further, temporary security fencing may be utilized for construction sites while a permit for the work is active for the construction site. All temporary fences shall be removed prior to the issuance of a certificate of occupancy.

a. Permit. No fences shall be installed without the issuance of a permit from the city subject to verification of zoning compliance in accordance with section 23-212. All applications for a fence permit shall include a site plan which details the proposed fence construction, including fence location in relation to property lines and easements, as well as any other information deemed necessary by the city for reviewing the application.

b. Right-of-way. No fence, wall, or hedge shall be constructed or planted in any right-of-way, except as may be placed as part of a public highway safety or beautification project and only as approved by the administrative official. No fence, wall, or hedge shall be constructed or planted in any location that will interfere with visibility at an intersection or otherwise jeopardize the public safety.

c. Dimensional requirements. No fences shall be installed, constructed or erected without complying with the following regulations:

1. Maximum height. The maximum height of a fence shall be four (4) feet in the front yard and six (6) feet in the rear and side yards except in the I-1, I-2 and BP zoning district, where the maximum height shall be eight (8) feet in any yard. The planning board may waive the height requirements for a valid purpose related to compatibility with the character of the neighborhood, addressing problems with slope or architecture, screening an adjacent land use, or security for industrial uses.

The following uses shall be exempt from maximum height requirements:

Utility and power substations;

Water and wastewater facilities;

Municipal facilities;

Public swimming facilities;

Storm water retention ponds (when fence is required by water management district).

2. Location and setbacks. Fences and hedges are not required to meet building setback requirements and may be located anywhere on a property, except as follows:

A. Intersection. Fences shall be set back thirty-five (35) feet from the intersection of two (2) streets. A fifteen-foot setback is required from the intersection of a driveway, alley, or parking lot entrance with a street or access way. The setback shall be measured from the edge of pavement or travel way.

B. Alley. Fences and hedges shall be located a minimum of three (3) feet from an alley.

3. Materials. Fences must be constructed of new materials designed for that purpose or aged for proper architectural effect. Fences having a side with exposed or irregular structural components, and a more finished, uniform and aesthetically attractive side, shall be constructed and installed so that the more finished side faces outward from the fenced property toward the adjoining property. Chain link and solid fences abutting or parallel to public right-of-way or abutting a residential property shall be screened on the exterior side of the fence by a hedge having a minimum height of two (2) feet and fifty (50) percent view blockage at the time of planting with the capability of attaining a minimum height of four (4) feet and one hundred (100) percent view blockage within two years. Such fences shall be set back from the property line a minimum of three (3) feet to accommodate the hedge. Walls shall be of masonry construction. No fence shall contain any substance designed or reasonably likely to inflict injury to any person or animal, including, but not limited to, razor wire, glass, or electrically charged wire. In Industrial zoning districts and on industrial properties, three (3) strands of barbed wire may be used on top of a fence a minimum of six (6) feet in height. Barbed wire may also be used on agricultural lands.

4. Swimming pools. Fences constructed as swimming pool enclosures shall comply with the requirements of section 23-527 in addition to the requirements herein.

5. Temporary fences. Temporary fences may be permitted by the administrative official for protection, screening or safety during construction, a special event, or other temporary circumstances. Height, placement, and materials requirements of this section may be waived provided public safety is not compromised. Temporary fences shall be granted for a specific time period not to exceed two (2) years, except that extensions of time may be granted for six-month increments if warranted.

6. Placement in easement. A fence or hedge may be permitted in an easement, provided the owner signs an affidavit agreeing to remove it at his expense if the city or a public utility requests it. The city shall not be responsible for improperly placed fences. When the administrative official determines that a fence has been improperly placed, the owner of the fence shall relocate the fence within ten (10) days of a notice of violation issued by the city.

d. Maintenance. The property owner shall maintain any fence to its original designed condition. Missing boards, pickets, posts, gates, etc. shall be replaced in a timely manner with material of the same type, quality, and finish as the existing fence.

e. Nonconforming fences. Fences existing prior to the adoption of this ordinance and which may not conform to the height and location requirements provided herein shall be deemed to be a nonconforming structure, subject to the provisions of section 23-244

(Ord. No. 2007-33, § 11, 9-4-07; Ord. No. 2008-45, § 20, 12-16-08; Ord. No. 2015-04, § 12, 7-7-15 )

§ 23-544. Satellite dishes or antennas.
Latest version.

Satellite dishes or antennas shall be subject to the following restrictions. The administrative official may waive any of the restrictions below in cases where it is determined that compliance with the restriction interferes with the receipt of signals.

a. The dish of the satellite antenna shall be neutral in color and compatible with the appearance of the neighborhood.

b. All roof-mounted satellite antennas shall be located on the rear one-third (1/3) of the structure.

c. All ground-mounted satellite antennas shall be screened from view by a six-foot high wood or masonry fence or plants, to be eighty-one (81) percent opaque when viewed between two (2) and six (6) feet above grade.

d. A satellite antenna to be located on property adjacent to single-family zoning or use shall require a special exception use permit unless the satellite antenna complies with the single-family residential requirements.

e. No satellite antenna shall be used for a sign.

§ 23-545. Signs.
Latest version.

The purpose of this section is to establish a comprehensive scheme for the regulation of signs on non-residential properties in the city. These regulations are designed to protect and promote the public health, safety, and welfare by controlling the type, number, location, and physical dimensions of signs to prevent the disruptions, obstructions, and hazards to vehicular and pedestrian traffic that signs may cause, and to enhance the quality of the environment in residential and non-residential districts. More specifically, it is the purpose of this section to:

a. Implement the comprehensive plan and planning policies of the city;

b. Provide liberally for the free expression of ideas through signs in the city;

c. Encourage the effective use of signs as a means of communication;

d. Balance the desire and need of individuals to express their creativity in signs with the desire to maintain a pleasing visual environment for residents and visitors;

e. Protect and enhance the value of properties and to have a signage appropriate to the planned character and development of each area in the city;

f. Balance the need for information for motorists and pedestrians with the need for traffic safety by limiting signs or characteristics of signs that may be particularly distracting to drivers;

g. Provide clear and objective sign standards;

h. Provide a clear and efficient review procedure for sign applications; and

i. Enable fair and consistent enforcement of the regulations set forth in this section.

Sec. 23-545.1 Applicability. The regulations in this section apply to all signs on nonresidential properties in the city. Placement of a sign anywhere in the city shall require a permit unless the type of sign is specifically exempted from the requirement for a permit under section 23-545.4. For the purposes of sign regulation, a "permit" shall mean "verification of zoning compliance" under section 23-212. To "place" a sign shall mean construct, paint, install, erect, post, sculpt, project, or otherwise display. Placement of a sign may also require a building permit. A permit is not required for a change in the message on an existing sign provided that the new message is not a commercial message where only a non-commercial message is allowed and provided there is no change in the structural components of the sign.

a. Definition of sign.

Sign. Any device, structure, fixture, painting, or visual image using words, graphics, symbols, numbers, or letters, designed and/or used for the purpose of communicating a message or attracting attention.

b. Exclusions. The following are not considered signs for the purposes of regulation under this section:

1. Decorations or displays of non-commercial nature.

2. Cornerstones, foundation stones and memorial signs or tablets displaying the names of buildings and date of erection, when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other incombustible material.

Sec. 23-545.2 General regulations for signs on non-residential properties.

a. Sign allowance.

1. Each developed non-residential property shall be allowed signs subject to the provisions of table 23-545, "LOCATION, AREA, AND HEIGHT REQUIREMENTS FOR SIGNS FOR NON-RESIDENTIAL USES."

2. Individual units in a business complex shall be allocated wall signs in proportion to their building frontage based on the formula in table 23-545, unless allocation is otherwise set forth in the approved master signage plan filed by the owner under section 23-545.3. Allocation of space on a business complex wall or ground sign shall be the prerogative of the owner, subject to the lettering size requirements in table 23-545

b. Commercial and non-commercial messages. Signs allowed on table 23-545 may display a commercial or non-commercial message. Other signs allowed on non-residential properties may display a commercial message only if specifically stated in the provision allowing the sign. "Commercial message" is defined as follows:

Commercial message means a sign, wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity or to an institution or other non-residential activity or use. For the purposes of sign regulation, the following are not considered commercial activities: proposed sale, rental or lease of the real estate where the message is displayed, the incidental and occasional sale of personal property on site, residential yard sales held in compliance with the provisions of this chapter, and construction/renovation on site.

Sec. 23-545.3 Design. It is the intent of these regulations to promote high quality design in signage. The administrative official may provide guidelines to assist applicants in designing signage, and the city may adopt guidelines separate from this chapter for use in reviewing and deciding upon "master signage plans" and signs in C-1 zoning districts.

a. Master plan for signage. A master plan for signage shall be required for any nonresidential development with more than one (1) principal building, for business complexes, shopping centers, and for buildings with multiple tenants. For the purpose of sign regulation, multi-tenant properties shall be referred to as "business complexes." The purpose of a master plan for signage is to promote high quality signs and design consistency within a development.

The plan shall be submitted with a site plan application pursuant to section 23-222.

Proposed design standards, including sizes, styles, colors, lighting, and placement shall be provided for the purpose of demonstrating consistency among the signs on the property. At the discretion of the owner, the master plan may provide for a share of the wall sign and ground sign allowance for tenants in the business complex.

A master signage plan shall be approved by the administrative official if it provides for consistency of sign type, lighting, placement, size, and style for the business complex sign (if proposed), tenant signs, and other signs proposed on the property and meets all other applicable requirements of this chapter. A certificate of appropriateness for the master signage plan is required for properties within the Downtown Historic District. (See section 23-227.)

Approved master plans for signage shall govern all signage for the project, including "outparcels." Amendments to the plan may be approved by the administrative official or referred to the planning board for review if the master signage plan was approved by the planning board as part of the site plan process.

For existing business centers or buildings with multiple tenants, a master plan for signage shall be required with any application for a sign, including any sign for an individual unit or tenant. All new or modified signs shall comply with the master plan as approved. The plan shall include a schedule for bringing all signs into compliance with the master plan.

b. Business complex signage. A "business complex" sign is allowed for a business complex, provided that the name of the building or shopping center is displayed prominently on the sign. A bonus in size is granted for a business complex ground sign. See table 23-545 for dimensional and other requirements.

"Business Complex" ground signs are encouraged in lieu of multiple ground signs for out-parcels. If "business complex" signs display the names of individual businesses within the complex, the master plan must contain design requirements for the listings.

For buildings with multiple businesses, a wall sign with tenant listings and a clearly stated name for the building is encouraged in lieu of individual wall signs or a ground sign with a listing of tenants.

Sec. 23-545.4 Exempt signs. The following signs are exempt from the requirement for a permit and do not count against the sign allowance for the property:

a. Incidental signs not directed at or legible or visible by persons off-site.

b. Signs required by law or deemed necessary by the administrative official for safety or warnings, including traffic signs and street address numbers.

c. One (1) sign per frontage displaying a street number, unit number, or other identifying information, provided the area encompassing the information does not exceed two (2) square feet.

d. Signs erected by the city or approved by the city commission to designate historic districts, business districts, parks, or public facilities or banners erected or approved by the city in connection with streetscape projects or to publicize special events.

e. Temporary signs with non-commercial messages as allowed under section 545.6.b.2.

f. A sign on the back wall of a building in a delivery area is allowed, provided the sign area does not exceed ten (10) square feet.

g. Flags and insignia of any government. Such flags shall be limited to three (3) per property and shall conform to the standards of the Veteran's Administration in regard to size of flag and height of pole.

h. Signs that are wholly within a group of buildings or complex or at a drive-up window or other part of the site not visible from the public thoroughfare.

i. Vehicle identification signs, including painted or magnetic signs attached to a vehicle. Such signs shall not be illuminated unless it identifies an emergency vehicle, bus or taxi. No vehicle or trailer displaying a sign shall be parked to so as to serve as a sign.

j. One (1) neon sign not exceeding two (2) square feet in size in one (1) display window per business.

Sec. 23-545.5 Prohibitions.

a. No sign shall be placed on a roof or above the roof line of a building.

b. No sign, except those placed by an authorized governmental agency, shall be placed in or project into the public right-of-way or in public parks or other public property except as follows:

1. The administrative official is authorized to approve temporary signs on public property and in the right-of-way of city streets for community-wide special events sponsored or approved by the city, provided such signs are in keeping with any policies or practices established by the city manager or city commission and provided such signs do not present a hazard to public safety.

2. Nothing in this regulation shall be construed to prohibit an authorized government agency from placing, or allowing to be placed, signs in the public right-of-way or on public property deemed necessary or helpful for the public.

3. "Right-angle" and "projecting" signs as permitted by the provisions of table 23-545

4. A-frame sidewalks signs as allowed in section 545.6(a).

c. No sign shall interfere with traffic or be confused with or obstruct the view or effectiveness of any official traffic sign, traffic signal, traffic marking or obstruct the sight distance of motorists or pedestrians.

d. No sign shall be painted on or attached to a tree or utility pole.

e. Portable signs are prohibited except as specifically allowed herein.

f. Lighting.

1. Lights of colors other than white or yellow are prohibited in residential and professional (PF) zoning districts, except for Christmas or seasonal lighting. Lights of colors other than white or yellow are permitted in commercial and industrial areas provided they cannot be confused with traffic lights.

2. Floodlights may not shine onto adjoining property or in the eyes of motorists or pedestrians.

3. Flashing, strobe, or other moving lights or lighted copy are prohibited except electronic signs as allowed under section 23-545.6.c.

4. Internally lit signs, including those designed for internal lighting are prohibited except in the areas listed below:

A. C-3 Highway Commercial zoning districts.

B. C-4 and C-5 Village Center districts.

C. On properties fronting on US Highway 27.

D. In the PF-Professional District on State Road 60 between US Highway 27 and First Street.

E. In the PF-Professional District on the south side of State Rd. 60 between Third and Fourth Street.

F. In the PF-Professional District on the north side of State Road 60 between Marietta Street and Thirteenth Street.

G. On properties fronting on Central Ave, between SR 60 and the Scenic Highway.

H. On properties fronting on First Street, between SR 60 and Sessoms Avenue.

I. On properties fronting the Scenic Highway (SR 17) south of Polk Avenue, and north of Wiltshire Boulevard.

g. Signs on vacant properties are prohibited except signs meeting the requirements of section 23-545.6.b. for temporary signs with non-commercial messages.

h. Wind signs, including banners, pennants, spinners, streamers, and other wind-actuated components are prohibited unless specifically allowed herein.

i. Signs containing any statement, word, character or illustration of an obscene, indecent or immoral nature are prohibited.

j. All signs not specifically allowed are prohibited.

Sec. 23-545.6 Special signs.

a. A-frame sidewalk signs. An A-frame sidewalk sign is a portable sign which has no prongs or solid base and is supported on two (2) display boards hinged at the top. A-frame sidewalk signs are allowed for the purpose of communicating messages to pedestrians walking along a sidewalk in a commercial area and are not meant to be placed for or legible by people in passing vehicles. An A-frame sidewalk sign shall be permitted only if it meets all of the following restrictions:

1. Areas allowed. A-frame sidewalk signs are permitted only in pedestrian areas, as specified below:

A. On a sidewalk between the Scenic Highway and Wetmore Street on Central Avenue, Stuart Avenue, Park Avenue, and Orange Avenue and between "A" Street and "D" Street on Lincoln Avenue.

B. On a sidewalk running along and abutting the front of any commercial building provided the sidewalk exceeds five (5) feet in width.

2. Permit required. A permit is required for an A-frame sidewalk sign to ensure compliance with these regulations. Drawings with dimensions of the sign and area where the sign will be displayed are required.

3. Display.

A. Only one (1) A-frame sidewalk sign may be permitted per business frontage.

B. The sign may be displayed only in front of the business for which it is permitted and in the location designated on the permit. It may not be displayed at any other off-premises site.

C. The sign may be displayed only during hours of operation of the business and must be removed at the close of business each day.

D. The sign may display a commercial or non-commercial message on each side of the sign.

E. The sign's message must be clearly and neatly displayed and shall be securely attached to the display face.

F. No balloons, streamers, pinwheels, extensions, or other devices may be attached to the sign.

G. Signs with prongs to attach the sign to the ground and signs with legs or solid bases are not permittable.

4. Dimensions. An A-frame sidewalk sign shall not exceed four (4) feet in height and two (2) feet in width.

5. Placement. The permit shall designate a location or locations in front of the business where the sign may be displayed.

A. The location may be on the public sidewalk provided the sign does not impede or restrict the flow of pedestrian traffic or violate the standards of the Americans with Disabilities Act.

B. The sign shall not be placed on landscaping other than grass directly adjacent to the sidewalk. If there is no location where the sign can be placed without violation of these location criteria, the permit shall be denied.

6. Violations. Portable signs displayed in the public right-of-way in violation of the provisions of this section shall be removed by the city without notice.

b. Temporary signs. For the purposes of this provision, "temporary" pertains to the nature of the sign as not permanently installed, rather than to the duration of its display.

1. For special events, signs approved under section 23-343 ("Auctions, sales, and events, temporary") may display commercial messages.

2. For non-commercial messages. The purpose of this provision is to allow temporary signs for free expression on non-residential properties.

Temporary signs meeting the requirements of this section may display non-commercial messages such as political, real estate, "no trespassing," public interest, and other non-commercial messages. (Note: signs permitted for commercial purposes may also be used to display non-commercial messages.)

See definition of "commercial message" in section 23-802 under "sign."

Permits are not required for temporary signs with non-commercial messages on non-residential properties subject to the following restrictions:

A. Signs with messages pertaining to an event such as an election shall be removed within seven (7) days of the close of the event.

B. No such sign shall be placed in or overhang into the public right-of-way.

C. No such sign shall be attached to a tree, hedge, street sign, light pole, or other appurtenance.

D. No such sign shall be placed so as to block visibility at the intersection of a roadway and another roadway, alley, or driveway.

E. Signs must be non-illuminated, made of rigid materials, and securely anchored with posts, prongs, or other device.

F. Signs may be mounted on a building or fence or be free-standing.

G. Dimensions. One (1) freestanding sign may be placed on a vacant non-residentially zoned property or on a developed non-residential property for each street frontage or each five hundred (500) feet of street frontage, provided that for a lot under an acre in size, the sign shall not exceed twelve (12) square feet in area or five (5) feet in height, and for a parcel exceeding one (1) acre in size, the sign shall not exceed thirty-two (32) square feet in size or ten (10) feet in height. In addition, one (1) wall sign not exceeding twelve (12) square feet in area may be placed on each side of a building visible from a vehicular or pedestrian way.

3. Temporary painted or paper signs in windows, limited to twenty-five (25) percent of the total window area.

c. Changeable copy and electronic signs. Changeable copy may constitute up to one-half (½) of the sign area of a ground or wall sign. Electronic copy is permitted as an integral part of a ground sign in all C-3 Highway Commercial districts and in LCI-Limited Commercial districts and 1-2 Industrial Infill districts fronting on US Highway 27 and Mt. Lake Cutoff Road provided the copy does not change more frequently than every thirty (30) seconds.

Sec. 23-545.7 Maintenance of signs.

a. Condition. All signs must be legible, well painted, in good repair, properly maintained and sturdy.

b. Abandoned signs. A sign shall be determined to be abandoned if the business or other use it served has been discontinued for a period of six (6) months. In making a determination as to abandonment, the enforcing official may consider, among other factors, the existence or absence of a current local business tax receipt, utilities service deposit at that location, use of the premises and relocation of a business.

Upon determining that a sign is abandoned, the administrative official shall notify the owner by certified mail that corrective action is required within thirty (30) days. The notice shall require the removal of the sign, except that, in lieu of removal, a sign found to be in sturdy condition by the building official may be covered with a fitted cloth or plastic sleeve designed for such purpose or may have a blank sign face installed, subject to a temporary sign permit. Repairs to the sign to restore it to a safe condition may be required as a condition of the temporary permit. Nothing in this section shall exempt a non-conforming sign from the provisions of this chapter for non-conforming signs.

Sec. 23-545.8. Nonconforming signs. Nonconforming signs are signs that do not meet current requirements of this chapter. Those signs that were in accordance with the sign regulations at the time they were placed are considered "legally" nonconforming signs and may remain in place subject to the provisions of this section. Nonconforming signs that are not "legally" nonconforming shall be removed immediately.

a. Maintenance. Nonconforming signs shall maintain the same appearance and safe conditions as required by this chapter and by the city's building code for conforming signs.

b. Alterations and modifications to a legally nonconforming sign shall be permitted providing that the degree of nonconformity is not increased and provided the change does not exceed fifty (50) percent of what it would cost the owner to alter or replace the sign to conform with this chapter.

c. If a nonconforming sign becomes damaged from any cause and the cost to repair exceeds fifty (50) percent of what it would cost the owner to conform with this chapter, the sign will lose its privilege to remain nonconforming, and it shall be removed or made to conform within ninety (90) days.

d. All legally nonconforming signs existing on property at the time of its annexation into the city limits must be removed, changed, or altered to conform to the provisions of this chapter within five (5) years after the effective date of the ordinance annexing the property into the city limits.

Sec. 23-545.9. Enforcement.

a. The administrative official and code enforcement officers shall be the enforcing officials.

b. An enforcing official is authorized and directed to lawfully enter all premises at reasonable times to determine whether a sign complies with the provisions of this chapter.

c. If a violation exists, the enforcing official shall send written notice to the occupant and owner shown on the most recent tax roll and to the holder of the certificate of occupancy, if different from both the occupant or owner.

d. Service of the notice shall be deemed complete if mailed to the owner at the address appearing on the most recent tax roll.

e. If violation is not corrected within a reasonable time as specified in the notice, the enforcing official is authorized to remove the sign at the owner's expense, to utilize the code enforcement procedures and penalty provisions of Chapter 12 of the Code.

Sec. 23-545.10. Severability.

If any clause, section or provision of the sign regulations for non-residential properties (section 23-545) shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said section shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein.

TABLE 23-545
LOCATION, AREA AND HEIGHT REQUIREMENTS
FOR SIGNS FOR NONRESIDENTIAL USES

TYPE OF SIGN C-1, C-2, C-3,
C-5 & LCI DISTRICTS
I and BPC
DISTRICTS
PF, C-4, C2R,
and R Districts
WALL SIGN
A sign affixed to or painted on the wall or window of a building, mounted parallel to the wall and projecting not more than 12 inches, not extending above the roof line or facade, and not interrupting the building's architectural features. One wall sign may be permitted for each side of a building that is visible from a common travelway, pedestrian or vehicular. In a shopping center or other business complex, wall signs for tenants shall be as provided in the approved master signage plan filed by the owner under sec. 23-545.3. Same requirements as for C-3 district. Same requirements as for C-1 and C-5 districts.
In the C-1 and C-5 districts, no wall sign may be permitted above the expression line1 of a building except for window signs not exceeding 2 square feet
Maximum size: 2 sq. ft. (1 sq. ft. in C-1A district) of sign for each linear foot of the side of the building on which the sign is placed, not to exceed 60 sq. ft. in the C-1 and C-5 districts and 90 sq. ft. in the C-2 district.
BUSINESS COMPLEX SIGN
A ground sign for a shopping center, professional office center, industrial park or other grouping of two or more buildings or businesses. Allowed only with an approved master signage plan under sec. 23-545.3 One ground sign permitted on the primary street frontage of a business complex and a one ground sign permitted on each secondary street frontage, provided the distance between the primary ground sign and secondary ground sign is at least 150 feet measured along abutting roadways; not permitted in C-1 districts. Same as for "C" districts. Same as for "C" districts except as noted.
Landscaping shall be planted at the base of ground-mounted signs; plant materials shall be sufficient to screen the sign's supports to a height of 50% of the distance from the ground to the bottom of the sign within a period of 2 years. Maximum area: Primary frontage sign - 36 sq. ft. or 1.5 times the total business floor area in the complex divided by 1,000, not to exceed 225 square feet. Maximum area: Primary frontage sign - 36 sq. ft. or 1.5 times the total business floor area in the complex divided by 1,000, not to exceed 100 square feet.
Secondary frontage sign - 50 percent of the permitted primary frontage sign area, not to exceed 36 sq. ft. Secondary frontage sign - 50 percent of the permitted primary frontage sign area, not to exceed 20 sq. ft.
All ground signs shall be located 35 feet from the intersection of the edge of pavement of any travel lanes or ways, including entrance roads and alleys unless the sign does not block visibility between 3 and 10 feet in height. Maximum height: Primary frontage sign - 18 ft. or 0.9 times the total business floor area in the complex divided by 1,000, not to exceed 30 feet. Secondary frontage sign - 15 ft. Maximum height: Primary frontage sign - 15 feet Secondary frontage sign - 10 ft.
Lettering requirements: The name of the business complex shall be legibly displayed on the sign and shall be written in letters with a minimum height of 10 inches in a space or band a minimum of 18 inches measured vertically. Tenant signs shall be designed as integral components of the sign and not as "add-ons." Each tenant band on the sign shall be a minimum of 12 inches and shall have a minimum lettering size of 6 inches. The maximum lettering size for a tenant name shall be 2/3 of the size of the lettering of the business complex name. Lettering styles and colors shall be consistent. Lettering requirements: Same as for C-2, C-3, C-5, and LCI districts except minimum lettering size for the name of the business complex shall be 8 inches in a space or band a minimum of 12 inches measured vertically and tenant bands shall be a minimum of 9 inches and shall have a minimum lettering size of 6 inches.
GROUND SIGN
Any sign which is supported by masonry, wood, metal or similar structure uprights or braces and is permanently installed in or on the ground on a permanent base. One ground sign permitted on the primary street frontage. The sign may be placed at the intersection of two streets. A secondary ground sign is permitted only where the street frontage where the sign is to be located is opposite of, rather than at a right angle to, the primary frontage. A monument style sign is permitted in C-1 district provided the front yard setback of the building is 20 feet or greater. Same as for "C" districts. Same as for "C" districts except as noted below.
If the nearest edge of a building wall is set back from the edge of the adjacent street 35 ft or more, a ground sign is allowed in addition to a wall sign.
Landscaping shall be planted at the base of ground-mounted signs; plant materials shall be sufficient to screen the sign's supports to a height of 50% of the distance from the ground to the bottom of the sign within a period of 2 years. May be displayed only on a frontage of 75 ft or more and may not be closer than 75 ft to any other ground sign.
Maximum area: Primary frontage sign - 32 sq. ft. or 1.2 times the total business floor area divided by 1,000, not to exceed 180 square feet. Secondary frontage sign - 20 sq. ft. Maximum area: 32 sq. ft. or 1.2 times the total business floor area divided by 1,000, not to exceed 70 sq. ft.
Maximum height: Primary frontage sign - 15 ft. or 0.6 times the total business floor area divided by 1,000, not to exceed 24 ft. Secondary frontage sign - 10 ft. Maximum height: 15 ft.
Lettering requirements: The minimum height of lettering on a sign on an arterial roadway shall be 6 inches.
RIGHT-ANGLE SIGN
Any sign which is affixed to any building, wall or structure and which extends more than 12 inches horizontally from the building wall and projects from the wall at an angle of 90 degrees. Also includes signs hung under a canopy. Each businesses in a buildings set back no more than 10 feet from a public sidewalk or a sidewalk in a business complex may have a right-angle sign. Signs in a business complex shall conform to an approved master signage plan filed by the owner. (See 23-545.3(b). N/A Same as for "C" districts
Sign must clear the sidewalk by at least 8 ft and project no more than 5 ft from the building or ½ the width of the sidewalk, whichever is less. Sign should be mounted at least 6 inches from the wall and may not be placed above the expression line of the building facade. Sign may not project at the corner of the building and may not be displayed closer than 20 ft from any other right-angle sign.
WINDOW SIGN
A sign painted, etched or otherwise affixed to a window. Permanent window signs may be displayed and the area of the window sign will be counted as part of the wall sign allowance. Same as for "C" districts. Same as for "C" districts.
AWNING SIGN
A sign on a shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. An awning sign with a message covering up to 50% of the area of the awning may be permitted, provided that the area of the awning sign combined with the area of the wall sign does not exceed the allowable sign area for the side of the building where the awning is located. Note that an awning without printing is not a sign. Same as for "C" districts. Same as for "C" districts.
A-FRAME SIDEWALK SIGNS
A portable sign which has no legs or solid base and which is supported on two display boards hinged at the top. Allowed in portions of C-1 districts only pursuant to § 23-545.6 a.

 

1"Expression line" means the architectural feature on the façade of a building delineating the transition between the ground floor and the upper façade.

NOTES:

1. Sign area. The area of a sign shall be measured to include the entire area within a continuous perimeter and a single plane composed of a square, circle or rectangle which encloses the extreme limits of the advertising message or announcement of wording together with any frame, background, trim or other integral part of the display excluding the necessary supports or uprights on which such sign is placed. The owner may not increase the allowed total area, but may use more than one (1) square, circle or rectangle in order to calculate the area. Sign area of a ground-mounted sign is the entire area of one (1) side of such sign so that two (2) sides which are back to back are counted only once.

2. Sign height measurement. The height of a sign shall be measured from the average grade within a ten-foot radius of the base of the sign.

(Ord. No. 2005-47, §§ 4—8, 9(Att. A), 10-18-2005; Ord. No. 2006-47, § 3, 12-5-2006; Ord. No. 2006-24, § 17, 6-6-2006; Ord. No. 2007-02, §§ 21—23, 3-6-2007; Ord. No. 2007-33, § 12, 9-4-2007; Ord. No. 2010-13, § 5, 6-18-2013; Ord. No. 2013-05, §§ 5, 6, 6-18-2013)

§ 23-546. Swimming pools.
Latest version.

See section 23-527 for regulations.

(Ord. No. 2008-45, § 22, 12-16-08)