§ 137-510. Height, area, and developmental regulations.

In the commercial C-9 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per commercial building shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed three stories or 40 feet in height.

(2)

Front building setback.

a.

All principal buildings shall have a front building setback of at least 25 feet. Nonconforming buildings shall adhere to the applicable sections regulating nonconforming structures, uses and lots.

b.

On through lots the required front building setback shall be provided on both streets. No accessory buildings shall project beyond the front building setback line on either street.

(3)

Side building setback.

a.

All principal buildings shall have a side building setback of at least five feet in width as measured from the eave, overhang or farthest protrusion to the side lot line.

b.

On corner lots, the principal building shall meet the front and side building setback regulations set forth in subsections (2) and (3) of this section; however, the exterior side building setback shall not be less than 50 percent of the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this section to less than 25 feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with.

(4)

Rear building setback. There shall be a rear building setback of not less than ten percent of the depth of the lot for a one-story building. The depth shall be increased to 15 percent of the depth of the lot for any building greater than or equal to two stories; however, the rear building setback need not exceed 30 feet in depth.

(5)

Accessory buildings.

a.

Accessory buildings not over 15 feet high may be located in the rear half yard area, provided the accessory buildings come not nearer than 30 inches to any rear lot line or side lot line. Additionally, accessory buildings shall not be greater than 720 square feet in floor area.

b.

No accessory building shall be used in whole or part for living or residential purposes.

c.

No accessory building or accessory building area shall be used for commercial storage of goods for sale in the business purposes.

(6)

Minimum lot area and maximum intensity of use.

a.

Every lot upon which a building is erected or altered shall have a front lot width dimension and area as follows:

1.

Sewer and water available: 60 feet frontage at front lot line; 6,600 square feet.

2.

Sewer or water unavailable: 70 feet frontage at front lot line; 10,000 square feet.

3.

Sewer and water unavailable: 100 feet frontage at front lot line; 15,000 square feet.

b.

Any lot which has been recorded in a subdivision plat or deed with the office of the county recorder prior to November 21, 1966, and which is 4,000 square feet or more in area, may be used as a building site.

c.

No building with an accessory building shall be erected or expanded so that more than 75 percent of the area of the lot will be occupied with an improvement.

(7)

Vision clearance. No structure, fence, hedge, or other plantings shall be permitted within a ten-foot radius of the corner of the lot where the corner lot adjoins the intersecting street right-of-way. There shall be a complete vision clearance for a distance of not less than ten feet above the ground on all corner lots.

(8)

Fences.

a.

Interior lots.

1.

No fence over seven feet in height shall be erected between the rear lot line and the front building setback line; along the front setback line between the side wall of the building and the side lot line; or along the rear lot line between the two side lot lines.

2.

No fence over four feet in height shall be erected between the front building setback line and the front lot line, or along the front lot line between the two side lot lines; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

b.

Corner lot.

1.

A seven-foot-high fence may be erected only along the exterior side building setback line and the rear building setback line and along the exterior side building setback line, if extended, between the rear building setback line and the rear lot line. A seven-foot-high fence may be erected along the interior side lot line between the front building setback line and the rear lot line, and may be erected along the rear lot line between the interior side lot line and the intersection of the rear lot line and the exterior side building setback line, if extended. Four-foot-high fences may be erected in the exterior side yard area between the front setback line and the rear lot line; such fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

2.

No fence over four feet in height shall be erected between the front building setback line and the front lot line or along the front lot line between the interior side lot line and the exterior side building setback line; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

c.

Prohibited fencing. Electrified fencing, barbed wire and razor wire are prohibited.

(9)

Off-street parking requirements.

a.

Ratio requirements. All uses listed as permitted uses in the commercial C-9 district, 5½ per 1,000 square feet of gross floor area.

b.

Construction parameters. The following shall apply to all parking lots:

1.

All parking spaces required to service the principal building shall be located on the same lot as the principal building, or on a separate lot which is within 300 feet of the main entrance to the principal building.

2.

When a principal building undergoes an increase in the gross floor area, seating capacity, or number of units, the required off-street parking availability shall be increased to equal or exceed the off-street parking requirements.

3.

All parking lots shall be surfaced with an all-weather paving material capable of carrying a wheel load of 4,000 pounds without damaging the pavement. The lot shall be properly maintained at all times.

4.

All lots shall be lighted if used after sunset. Lights shall be located, shielded, and directed upon the parking lot in such a manner as to not shine or reflect onto adjacent property or into the public right-of-way. Lighting shall not exceed three footcandles as measured at that portion of the lot line which abuts residentially-zoned property.

5.

A minimum five-foot parking lot setback shall be provided between the property line and edge of the parking lot pavement. A minimum ten-foot parking lot setback shall be provided between any public road right-of-way or private access easement and the edge of parking lot pavement. A minimum ten-foot parking lot setback shall be provided between internal vehicular collector drives and the edge of parking lot pavement. Slag, gravel or any type of pavement shall be prohibited within the setback area. The setback area shall be landscaped with vegetative ground cover or grass and/or decorative trees or shrubs.

6.

Public address systems shall not be permitted in any parking lot.

7.

Parking spaces shall be a minimum of 180 square feet in area with minimum width of 8½ feet. Small car parking spaces may be constructed, but shall be no smaller than 130 square feet in area with a minimum width of 8½ feet. A maximum of 25 percent of the total off-street parking spaces may be used for small cars, and each parking space shall be marked by an above-grade sign as a small car parking space.

8.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

(10)

Screening. An opaque seven-foot fence shall be mandatory along any commercial C-9 property line which is contiguous to any residentially-zoned property. The fence shall be designed to provide security, and also to contain paper products and debris within the property.

(11)

Trees. Only hardwood trees shall be planted between the curb and sidewalk in the tree lawn. No trees shall be planted in tree lawns of less than five feet in width. The spacing of trees in tree lawns shall be not less than 40 feet apart.

(12)

Signs. All signs shall conform with requirements of chapter 129.

(13)

Freestanding off-premises signs.

a.

Separation requirements. Separation between proposed and existing off-premises signs and specified uses along the street shall be measured along the centerline of the street. For this measurement, the location of proposed and/or existing structures and uses shall be considered the center of the proposed structure or closest edge of the property measured perpendicularly to the centerline of the street. Unless otherwise specified, all other separation requirements shall be measured from the closest point of the proposed structure linearly to the specified property, use, and/or structure. For the purposes of this section, a pending completed application or valid improvement location permit shall be considered as an existing sign. The following separation distances shall be required between off-premises signs:

1.

The minimum separation distance between one sign structure and another on a non-limited-access highway shall be 750 feet.

2.

The minimum separation distance between one sign structure and another on a limited-access highway shall be 1,500 feet.

3.

The minimum separation distance between one sign structure and another sign structure located at intersections, or on different streets from which they are intended to be viewed, shall be 300 feet.

4.

The minimum separation distance between a sign structure and property either zoned or used for a church, school, park, residential district or legal nonconforming residential use shall be 100 feet measured from the center of the sign in any direction.

5.

The minimum separation distance between a sign structure and property either zoned or used for a church, school, park, residential district or legal nonconforming residential use shall be 200 feet along both sides of the street from which the sign is intended to be viewed.

6.

The minimum separation distance between a sign structure and the 100-year floodplain of the St. Joseph River as identified by the flood insurance rate maps shall be 300 feet.

7.

Separation distances shall not be limited by jurisdictional boundaries. Required separation distances for proposed signs located within the jurisdiction of the city shall also be maintained from signs located in adjacent municipalities or jurisdictional areas.

b.

Permitting. Applications shall not be considered complete unless all applicable information is submitted. The following information shall be submitted concurrently with any application for an improvement location permit for an off-premises sign:

1.

A signed contract with property owners, or a deed identifying the applicant's property ownership where the sign is intended to be placed.

2.

Most recent aerial photograph identifying all off-premises signs within a 1,000-foot radius of the proposed sign located along non-limited-access highways. The aerial photograph shall also identify property either zoned or used for a church, school, park, or residential purpose within 250 feet of the proposed sign.

3.

Construction plans on the proposed sign, documenting the proposed height, area, setbacks, appearance, color and any other developmental requirements identified by this chapter.

4.

A scaled plan identifying the location of the sign relative to property and right-of-way lines. Plot plan shall identify the location of hard surface paving, drives, sidewalk, easements, utilities, and buildings located within 100 feet of the proposed sign.

5.

Proposed signs located within 50 feet of any required separation distance shall require a certified survey submitted by a licensed surveyor verifying that the proposed location meets all minimum setback requirements.

6.

Signs proposed within the required separation distances to an adjacent municipality or jurisdiction area shall submit documentation from the municipality or area that a valid permit has not been issued or is pending for a sign within the required separation distance of the proposed sign.

c.

Developmental requirements. The following developmental requirements shall apply to the construction of off-premises signs:

1.

Non-limited-access highways. Only one sign shall be permitted per location based on the separation requirements identified herein. Two-tier signs shall be prohibited. The display area of the face of any sign located on a non-limited-access highway shall not exceed 300 square feet. Temporary extensions may be added to individual signs based on individual advertising requirements not to exceed 50 square feet per face (a maximum of 350 square feet with extensions). Extensions may project no higher than four feet above the height of the sign, including those of a legally nonconforming height.

2.

Non-limited-access highways, replacement of legally nonconforming signs. The replacement and/or relocation of any legally nonconforming sign shall meet all the requirements of this chapter; however, signs legally constructed with a greater display area than required by this chapter may be replaced at the existing nonconforming display area provided the following provisions are met:

(i)

All other applicable provisions of this chapter are met.

(ii)

The geographic areas that replacement may occur shall be limited to the following non-limited-access highways: Grape Road, north of Catalpa and south of Cleveland Road; Edison Road, beginning 500 feet west of Main Street and east of Hickory Road; McKinley Avenue, west of Fir Road and east of Hickory Road.

(iii)

An improvement location permit must be approved within 180 days of the removal of the legally nonconforming display area sign. Documentation regarding the removal of the existing nonconforming sign shall be submitted concurrently with the permit request for its replacement.

3.

Limited-access highways. Only one sign shall be permitted per location based on the separation requirements identified herein. Two-tier signs shall be prohibited. The display area of the face of any sign located on a limited-access highway shall not exceed 14 feet in height by 48 feet in length (672 square feet). Temporary extensions may be added to individual signs based on individual advertising requirements not to exceed 200 square feet per face (a maximum of 872 square feet with extensions). Extensions may project no higher than four feet above the height of the sign, including those of a legally nonconforming height.

4.

Signs that are located back-to-back shall be considered one sign, provided the interior angle formed by each side of the sign does not exceed 45 degrees.

5.

The height of any sign shall not exceed 35 feet.

6.

Setbacks. Setback distances shall be measured from the nearest projection, appendage, board, or structure of the sign perpendicularly to road right-of-way or property lines.

(i)

The minimum setback for any sign from public road right-of-way shall be 25 feet.

(ii)

The minimum rear-yard setback for any sign shall be 25 feet.

(iii)

The minimum side-yard setback for any sign shall be five feet.

7.

The appearance of off-premises sign structures shall incorporate the use of architectural columns and lattice below the face of the sign. The zoning administrator shall provide examples of signs that meet this requirement on request. Lattice shall not be required only in cases where it would block clear vision or cause other safety concerns as determined by the zoning administrator.

8.

The color of off-premises sign structures shall be limited to natural earth-tone colors including, but not limited to, beige, brown, brick red, slate blue, and forest green. Bright and contrasting colors including, but not limited to, black, white, red, orange, yellow, purple and sky blue shall be prohibited.

9.

Lighting for off-premises signs shall not cause any light to be reflected toward a street or adjacent property.

10.

The use of animation, flashing lights, and beacon lights shall not be permitted as part of any off-premises sign. Any sign that resembles, or includes an element that resembles a traffic control device, sign, or light shall be prohibited. Electrical reader boards, tri-vision boards, and multiple-vision boards shall be permitted for off-premises signage.

11.

The placement of any off-premises sign shall not cause any conflict with circulation, drainage, parking, landscaping, and/or any other site attribute controlled and/or required by this chapter. Signs may not be placed in any landscape area required by this chapter.

12.

Off-premises signs shall be continually maintained for both structural integrity and appearance. Appearance includes, but shall not be limited to, issues such as rusting structures, peeling paper, and broken lattice. Empty boards and signs without advertising covering the entire face of the board shall be prohibited.

13.

Enforcement. The zoning administrator shall notify property owners by certified mail regarding any structure in violation of the chapter. Any sign that is not repaired or modified accordingly within 30 days of notification shall be removed at the property owner's expense.

(14)

School separation. No game arcade and/or pool hall or billiard hall shall be permitted to be placed within 750 feet of any school as measured by a line between the nearest lot line of the school lot and the nearest lot line of the game arcade and/or pool hall or billiard hall.

(15)

Design review; development plan restrictions. This section shall apply only to new commercial development, new commercial development (separate structures) on existing sites, or total commercial redevelopment or replacement. This section shall not apply to building additions or expansions to existing buildings. All construction shall meet the requirements of chapter 105, design requirements as referenced herein, except that the plan commission shall specifically consider the context of the proposal relative to the nonconforming status of adjacent structures. The plan commission may consider the nonconforming status of adjacent structures in approving waivers in accordance with section 105-39. In accordance with section 105-4, the applicable design requirements are identified as follows:

a.

Section 105-76, architectural materials, further limited as to only apply to those portions of the building visible from the public right-of-way and private collector roads serving multiple properties or businesses. At a minimum, two-thirds of each face of the visible portions of the building must use appropriate architectural materials. The remaining third may consist of other materials as may be determined by the owner/developer of the building. Appropriate architectural materials shall be expanded to include glass, exterior insulation and finish systems (EIFS), decorative concrete block and similar masonry units, painted/stained lap wood siding, and other high-quality materials as may be deemed appropriate by the plan commission. Metal siding and standard concrete block exterior finishes shall be considered inappropriate architectural materials. The color of all exterior architectural finishes shall meet the requirements of section 105-77 as supplemented below.

b.

Section 105-77, architectural color and textures, further limited as to only apply to those portions of the building visible from the public right-of-way and private collector roads serving multiple properties or businesses. Appropriate colors and textures may be expanded to include bold and contrasting colors subject to the review and approval of the plan commission in accordance with the established intent of the ordinance as documented by section 105-2.

c.

Section 105-108, mechanical equipment.

d.

Section 105-109, vending machines and newsracks. This requirement shall not apply to newsracks located in conjunction with restaurants which meet the required building setbacks of the district. Newsracks located adjacent to other commercial buildings that are designed in concert with the building may also be deemed appropriate by the plan commission.

e.

Section 105-116, dumpster/utility service areas.

f.

The public hearing requirements identified by section 105-31 shall not apply.

(Code 1985, § 159.136; Ord. No. 4302, 8-17-1998; Ord. No. 4565, 2-12-2001; Ord. No. 4568, 2-20-2001; Ord. No. 4576, 4-2-2001; Ord. No. 4584, 5-7-2001)