[Amended 6-19-2025 by Ord. No. 25-17]
The requirements, guidelines and standards set forth in this section shall apply to any development or redevelopment of property within the City of Marion.
A. 
Statement of intent. In the interest of promoting the general welfare of the community and to protect the value of buildings and property, the image and character of a community are considered important. It is recognized that the community should be visually attractive as well as financially prosperous, and the manner in which a use is accomplished is as important as the use. The way in which a site is laid out impacts surrounding properties, and it is in the best interest of the public to have thoughtfully planned sites. The quality of architecture and building construction is important to the preservation and enhancement of building and property values, the prevention of the physical deterioration of buildings, and the promotion of the image of the community and the general welfare of its residents.
B. 
Applicability. The restrictions, regulations and guidelines on development or redevelopment set forth by this section shall apply community-wide to all uses, except for dwellings consisting of single units, two units, three units or four units.
(1) 
The applicability of architectural requirements, herein, shall exclude properties with a Central Corridor Zoning District classification and properties zoned as planned unit development.
(2) 
The applicability of the site development plan review, herein, shall exclude properties considered to have a Central Corridor Zoning District classification or properties considered to have a planned unit development classification.
(3) 
A site shall be considered as being "redeveloped" when a site is reconfigured beyond 50%, when a structure is proposed to be reconstructed beyond 50%, demolished in whole or in part, the expansion of an outdoor use by 10%, a change, alteration, modification or replacement of existing facade material type, or when a site improvement or structure is proposed to be enlarged or expanded by 10%.
(4) 
Routine repairs or replacement of existing areas for off-street parking, loading zones, storage areas, access drives, or drive-thrus that do not change the configuration or vehicular flow of traffic around the site shall be excluded from this section.
(5) 
Routine repairs or replacement of facade materials that do not materially change the appearance, shape or configuration of the structure shall be excluded from this section.
(6) 
The requirements of this section do not apply to any site plan or plan of improvements which has been submitted for review or has received approval, or any building permit which has been submitted for review or has been issued as of the date of the adoption of this section, except in the instance when work has not commenced after one year of approval of an approved site plan or plan of improvement or in the instance that a building permit expires prior to work commencing on site.
(7) 
The powers of the Zoning Board of Adjustment as stated within § 340-11.1 shall hold precedence over this section herein.
C. 
Architectural requirements. Quality architectural materials shall be used on all sides of all buildings and structures to enhance the physical appearance of the building and attempt to make the structures more compatible with residential structures in the adjacent neighborhoods. The architectural design shall recognize the importance of material strength and permanency through the selection of building materials, and the principle of structural strength and permanency shall dominate the structural and exterior materials and components.
(1) 
Exterior facade material standards. Material standards shall apply to all sides of any building. Any residential building with 12 or fewer units per building are exempt from exterior facade and material standards.
(a) 
The primary material shall constitute at least 75% of the wall area, excluding glass; except in multifamily residential, where the primary material shall constitute at least 50% of the wall area, excluding glass.
(b) 
The remaining exterior material shall be considered as secondary/trim material. The remaining exterior material can be any combination of secondary/trim material or primary material.
[1] 
The maximum amount of secondary/trim material on the wall area, excluding glass, shall not exceed 25%; except for multifamily residential, where it shall not exceed 50%, excluding glass.
[2] 
For the purposes of this section, "trim" is defined as an ornamental design feature that, when removed, does not significantly alter the appearance of the building. It would commonly consist of building elements like moldings, cornices, parapet, frieze, sills, lintels, stringcourse, quoining and ledgement.
(2) 
Exterior facade materials.
Exterior Facade Materials1
Primary Material2
Secondary/Trim Material
Aluminum siding
X
Architectural concrete panels
X
X
Architectural steel panels
X
X
Architectural stone panels
X
X
Brick
X
X
E.I.F.S. (exterior insulated and finish systems)
X
Fiber cement board
X
Natural stone
X
X
Nonarchitectural sheet metal
X
Steel siding
X
Textured concrete block
X
X
Vinyl/Plastic siding
X
Wood siding
X
Notes:
1.
Materials not listed as a primary or secondary/trim material may be approved as an acceptable material by the Planning and Zoning Commission when the material is considered a part of the architectural design of the facade or building design.
2.
Architectural stone panels, brick, natural stone, and/or textured concrete block must be used as a portion of the primary material requirements.
(3) 
A maximum deviation of 5% of primary material may be permitted if a reasonable justification is provided by the applicant.
(4) 
The "wall area" is defined as the total square feet of the exterior elevation of the building that is vertical to the ground. It may contain a gable end or dormer in the same plane of view. It does not contain the elevation area of a pitched roof, but would include the area of a parapet wall. Each elevation must comply with the standards unless otherwise provided for herein or as approved by the City Council.
(5) 
Unsightly/Utilitarian aspects of buildings (loading docks, loading areas, outside storage areas, garbage dumpsters and HVAC mechanical units) shall be screened from any public street and adjoining properties. Preference is given to siting loading docks or loading areas out of view from public streets over adjoining properties.
(6) 
Multiple buildings on the same site shall provide compatible and complementary design materials while limiting repetitive, monotonous design.
(7) 
Architectural features. Structures shall be designed to avoid large expanses of blank walls that only have changes in materials or window openings. A combination of the following techniques shall be used to prevent spans of blank building walls greater than 75 feet that only contain window and door openings:
(a) 
Adding trims, projections or reveals along different wall surfaces.
(b) 
Varying the position of building elements along a facade.
(c) 
Varying roof heights and shapes.
(d) 
Varying decorative parapet heights and shapes.
(e) 
Use of multiple wall materials, textures, and colors to create a horizontal aesthetic.
(f) 
Use of projecting building elements such as column or pillar vertical offsets, overhangs, and shading devices.
(g) 
Separate building elements such as freestanding screen walls.
(h) 
Designed building offsets over two feet in depth.
(i) 
Planters, benches, or other furniture near the building.
D. 
Exterior lighting standards. Lighting on the site shall adhere to the following standards. City staff and officials may request the submittal of a formal lighting and photometric plan at their discretion, the content of which shall be determined at the time that such a request is made.
(1) 
Light trespass and distraction. Lighting shall be provided in such a way as not to interfere with roadway traffic, spill over onto adjacent properties and/or pollute the night sky. The light levels shall be no greater than zero footcandle at any property line or public right-of-way line. Where this footcandle restriction cannot be met, an administrative variance may be applied for when trespass may occur onto a business/commercial, office/service, manufacturing or public institutional zoned property, but is not permitted to trespass onto any agricultural, residential or multifamily residential property. Specifically, the following types of light trespass are prohibited:
(a) 
Any light not designed for roadway illumination that produces direct or reflected glare that could disturb the operator of a motor vehicle.
(b) 
Any light that may be confused with or construed as a traffic control device, except as authorized by the state, federal and local government.
(2) 
Unshielded lighting. The use of unshielded lighting, including incandescent light bulbs, hung or strung on poles, wires or any other type of support is prohibited except on a temporary basis not to exceed two weeks and when associated with construction activity on the property.
E. 
Pedestrian sidewalks. Sidewalks shall be placed in the City right-of-way adjacent to all public streets as required by the Marion Code of Ordinances. All individual lots must provide a means of access from the public sidewalk to all buildings located on a parcel.
F. 
Exterior building renderings and elevations. A colored rendering of each building on site being newly constructed or reconstructed shall be submitted illustrating all sides of the building, and the type of material, material color and percentage of each material used per building face. Elevations should also include the dimensions of the illustrated wall.
G. 
Submittal requirements. All business/commercial, office/service, public institutional and multifamily residential site development plans are required to provide the following items at a minimum to be considered a complete submittal:
(1) 
Site development plan application.
(2) 
Site development plan checklist.
(3) 
Site development plan.
(4) 
Any other information not herein stated that is specific to the site plan and deemed necessary by City staff.
H. 
Review process.
(1) 
Presubmittal consultation. A presubmittal consultation meeting is not required but is recommended to acquaint City staff with the proposed project and to inform the applicant and/or their designee of any potential concerns or procedures associated with the proposed project.
(a) 
An informal preliminary review will occur with applicable City departments of a conceptual design, resulting in feedback to the applicant and/or their designee regarding the proposed concept prior to an official submittal.
(b) 
Zoning verification of the proposed use will be verified at this time.
(2) 
Official submittal. An official submittal is deemed complete when an application, checklist and applicable materials and fees as indicated herein and within the site development plan review application have been received by the Community Development Department.
(a) 
A completed submission will proceed to internal review by applicable City departments.
(b) 
Staff will notify the applicant and/or their designee in writing of any revisions or additional information needed to proceed in the review process. If necessary, the applicant and/or their designee shall make the required revisions and resubmit the revised plan for City acceptance.
(c) 
Once the submittal complies with the requirements set forth in this section, the applicant's request will be forwarded to the Planning and Zoning Commission for final consideration of approval, approval subject to conditions or denial. If the submittal is any part of a City facility as part of a capital improvement project, the Planning and Zoning Commission shall consider and make a recommendation of approval, approval subject to conditions or denial to the City Council. After receiving the Commission recommendation, the Council shall vote to approve, approve subject to conditions or deny the applicant's request.
(d) 
In the case of a denial, the Planning and Zoning Commission, or City Council in the case of any part of a City facility, shall provide its reasoning for the decision.
(3) 
Standards for review. In considering factors and characteristics which affect the function and appearance of a development, the Planning and Zoning Commission, before making any decision or recommendation and the City Council before any vote in a specific case, shall first determine:
(a) 
Conformance to design standards herein and other applicable code requirements;
(b) 
Architectural character, including scale, style, color and type of material of the building as it relates to the surrounding neighborhood;
(c) 
Location of the building(s), and the relationship of the development site with adjacent buildings and sites;
(d) 
Layout and utilization of building(s) on-site, parking areas, driveway access points and open spaces;
(e) 
Vehicular and pedestrian circulation paths;
(f) 
Location of low visual interest or visually intrusive site elements (such as trash enclosures, open storage, service areas and loading docks).
I. 
Limitation on successive applications. A site development plan which was denied by the Planning and Zoning Commission may be revised and resubmitted by the applicant and/or their designee to the City, pursuant to the terms of this section and upon the payment of all applicable fees:
(1) 
The reasoning for the denial by the Planning and Zoning Commission has been addressed.
(2) 
The proposed use of the site has changed.
(3) 
Substantial changes have been made to the site development plan. For the purpose of this section, a "substantial change" shall constitute a change greater than 10% of the overall site development plan.
J. 
Appeals. An applicant and/or their designee may appeal the Planning and Zoning Commission's decision to the City Council in whole or in part.
(1) 
A written appeal shall be made within 60 days of the determination made by the Planning and Zoning Commission to the City Clerk.
(2) 
Once an appeal is made, it shall be placed on the next regular agenda of the City Council, provided that it is submitted 10 days prior to the meeting date.
(3) 
The applicant and/or their designee shall be provided a reasonable opportunity to present their views regarding the decision of the Planning and Zoning Commission. A 3/4 vote of the Council shall be necessary to overturn or modify the action of the Planning and Zoning Commission.
K. 
Site development plan enforcement. Failure to comply with the approved site development plan shall be considered a violation of the Zoning Code.
L. 
Amendments to an approved site development plan. Minor amendments may be made to an approved site development plan in accordance with the standards and procedures herein with prior approval of the Community Development Director:
(1) 
A material change that still meets the design standards as stated herein.
(2) 
A 10% increase in the overall coverage of structures, but no more than what is permitted within the underlying zoning classification.
(3) 
A 10% increase in the density of a multifamily residential development, but no more than what is permitted within the underlying zoning classification.
(4) 
An increase of the peripheral areas, while still meeting the requirements of the underlying zoning classification.
(5) 
A 10% reduction in open space, but no less than the requirement of the underlying zoning classification.
(6) 
A 10% reduction in off-street parking spaces, but no less than what is required per § 340-8.2.
(7) 
A substitution of landscaping species and/or an increase in the overall amount of landscaping being provided.
(8) 
A change in exterior lighting fixtures, provided that a photometric plan shows no change in the intensity of light at the property line.
(9) 
A change in parking lot design, provided that driveway locations do not shift, landscape and screening standards are maintained per § 340-8.4 and all requirements of this section herein are met.
M. 
Validity of approval.
(1) 
A site development plan shall be considered valid upon approval or approval subject to conditions by the Planning and Zoning Commission.
(2) 
A site plan shall remain valid for 24 months after the date of approval or once a building permit has been issued and is considered active. For the purpose of this section, an "active building permit" is one that has not expired.
[Amended 6-8-2023 by Ord. No. 23-13; 12-5-2024 by Ord. No. 24-20; 6-19-2025 by Ord. No. 25-17]
A. 
General requirements.
(1) 
Scope. For all buildings and structures erected and all uses of land established after the effective date of this chapter, accessory off-street parking and loading facilities shall be provided in accordance with the provisions of this section and subject to any other applicable regulations contained elsewhere in this chapter.
(2) 
Change in intensity of use. When the intensity of use of any structure, building or premises is increased through the addition of dwelling units, gross floor area, seating capacity, additional employment or similar units of measurements for computing off-street parking and loading requirements, additional parking and loading facilities as required herein shall be provided for such expanded use.
(3) 
Changes in use. Whenever the existing use of a building, structure or land area is changed to a new use, parking and loading facilities shall be provided as required for such new use. However, if the first use existed prior to the effective date of this chapter, additional parking and loading facilities are required only in the amount that the new use exceeds the requirements for the existing use under the parking and loading provisions of this chapter.
(4) 
Existing parking and loading facilities. Existing parking and loading facilities on the effective date of this chapter shall not hereafter be reduced below the requirements for a similar new building or use under the provisions of this section. If such parking and loading facilities are already less than the requirements for a similar new building or use under the provisions of this section, such facilities shall not be further reduced.
(5) 
Driveways. All driveways serving off-street parking and loading areas shall be located and constructed in accordance with applicable City standards.
(6) 
Site plan. Any application for a building permit, or for any occupancy certificate where no building permit is required, shall include a site plan showing the location, size and quantity of off-street parking and loading space in accordance with § 340-11.2C of this chapter.
B. 
Off-street parking requirements.
(1) 
Uptown District exemption. For the purpose of minimizing disruptive curb cuts and driveways and to encourage the use of centralized parking lots, accessory off-street parking is not required in the U-1 or U-2 District.
(2) 
Location. All parking spaces required to serve buildings or uses erected or established after the effective date of this chapter shall be located on the same lot as the building or use served, except as otherwise provided.
(a) 
Parking spaces to serve manufacturing/industrial buildings or uses may be located within 500 feet of a main entrance to such use, provided said spaces are located in a district where such parking is permitted, and further provided there is adequate assurance given the City that such area will continue to be available for parking uses.
(b) 
Parking spaces to serve retail and service buildings and uses may be located within 300 feet of a main entrance to such use, provided said spaces are located in a district where such parking is permitted, and further provided that adequate assurance is given the City that such area will continue to be available for parking uses.
(c) 
Parking spaces to serve multi-unit dwellings may be located within 300 feet of a main entrance to such use, provided said spaces are located in a district where such parking is permitted, and further provided that adequate assurance is given the City that such area will continue to be available for parking uses.
(d) 
Buildings or uses existing on the effective date of this chapter which are subsequently altered or enlarged so as to require the provision of additional parking spaces may be served by parking facilities located on land other than the lot on which the building or use is located, provided that the conditions set forth in Subsection B(2)(a) through (c) above are met.
(3) 
Yard requirements. Off-street parking spaces, when open to the sky, may be located in any yard, except as set forth below:
(a) 
The required off-street parking spaces for UTR-1, UTR-2, UTC-1, UTC-2 and UC-1 Districts shall follow the individual district standards laid out within § 340-5.9.
(b) 
The required off-street parking spaces may not be located in the required front or corner side yards in the AG, RR-1, SR-E, SR-1, SR-2, SR-3, SR-4, SR-5, TR-1, TR-2, TR-3, TR-4, MR-1, MR-2 or OS District.
(c) 
In the BL, BC, BR, M-1, M-2 and PI Districts, the required off-street parking areas may be located in the required front or corner side yards, provided that there is a minimum "clear zone" distance of 15 feet between the back of the curb and the nearest point of the closest parking space. Off-street parking spaces may be located within the proposed right-of-way of major streets, provided that the fifteen-foot minimum "clear zone" is available, and further provided the owner and lessee (if any) acknowledge and sign an agreement similar in form to that required for locating signs in proposed rights-of-way of major streets.
(d) 
The required front yard setback in the AG, RR-1, SR-E, SR-1, SR-2, SR-3, TR-1 or TR-2 District and any one-unit home, two-unit, three-unit or four-unit home in the SR-4, SR-5, TR-3, TR-4, MR-1 and MR-2 Districts shall not be paved for parking uses in excess of the width of the garage plus an additional 12 feet, subject to the following:
[1] 
Paved parking areas shall not have a width greater than 12 feet when located directly between home's front facade and the property line.
[2] 
The paved driveway may have two access points and continue across a required front yard area only if the driveway is semi-circular in nature and meets engineering design standards.
[3] 
The parking area shall meet the surface requirements of Subsection B(9)(c).
(4) 
Access. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements.
(5) 
Combined use. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces provided is not less than the sum of the separate requirements governing each use.
(6) 
Shared use. Off-street parking facilities for separate uses may be provided collectively when uses utilizing the same parking lot would occur at different times and/or on different days.
(a) 
Shared parking lots shall meet the distance requirements of the individual use as provided in Subsection B(2).
(b) 
An agreement shall be provided to the City regarding the parking stipulations to ensure the appropriate amount of parking is being met.
(7) 
Utilization. Except as may additionally be provided for the parking of trucks and other large vehicles, accessory off-street parking facilities provided in accordance with the requirements of this section shall be solely for the parking of passenger motor vehicles of patrons, occupants, visitors or employees of such uses.
(8) 
Computation of required parking. For the purpose of this section, the following rules shall apply:
(a) 
When units of measurement result in the requirement of a fractional space, any fraction shall require one parking space.
(b) 
Employees shall be based on the maximum number of persons on duty or residing, or both, on the premises at any one time.
(9) 
Design and maintenance.
(a) 
Character. Accessory parking spaces may be open to the sky or enclosed in a building.
(b) 
Size. All parking spaces shall have an area of not less than 180 square feet and a minimum width of nine feet except as provided:
[1] 
Parking structure. A parking structure, as defined in § 340-2.2 of this chapter, shall meet the following size requirements.
Table 8.2-1a
Parking Structure: Standard Parking Stall Size Requirements
Parking Angle
Space Width
(feet)
Space Length
(feet)
Aisle Width (1-Way)
(feet)
Aisle Width (2-Way)
(feet)
90°
9
18
22
22
60°
9
21
18
20
45°
9
20
15
20
30°
9
17
12
20
Parallel
8
24
12
24
Table 8.2-1b
Parking Structure: Compact Parking Stall Size Requirements
Compact Stall Parking Angle
Space Width
(feet)
Space Length
(feet)
Aisle Width (1-Way)
(feet)
Aisle Width (2-Way)
(feet)
90°
8
15
22
22
60°
8
17
18
20
45°
8
17
15
20
30°
8
14
12
20
Parallel
7
21
12
24
Compact stalls shall not exceed 15% of the total parking structure capacity.
(c) 
Surfacing. All off-street parking spaces, access/service drives and equipment/material storage areas shall be hard-surfaced and maintained to provide a durable pavement surface free of dust, weeds and standing water.
[1] 
Permitted hard-surfaced materials include:
[a] 
Permeable or porous surfaces, as approved by the Zoning Administrator.
[b] 
Portland concrete.
[c] 
Hot mix asphalt.
[d] 
A comparable surface as approved by the Zoning Administrator.
[2] 
The following materials are prohibited:
[a] 
Sealcoat;
[b] 
Gravel; and
[c] 
Dirt or grass.
[3] 
Permeable or porous surfaces designed to help mitigate stormwater run-off are encouraged.
(d) 
Drainage. All off-street parking areas shall be graded and drained so as to dispose of surface water accumulations within the area.
(e) 
Marking. Surfacing shall be arranged and marked so as to provide for orderly and safe loading and unloading and parking storage of vehicles.
(f) 
Lighting. All lighting used to illuminate any off-street parking area shall be arranged so as to deflect the light from adjoining premises.
(g) 
Screening.
[1] 
Screening of off-street parking areas is required for all uses, except one-unit residential uses, in the following circumstances:
[a] 
When the parking area abuts an RR-1, SR-E, SR-1, SR-2, SR-3, SR-4, TR-1, TR-2, TR-3, U-1, U-2 or PUD District or intervening alley.
[b] 
When the parking area abuts a lot zoned AG, SR-5, TR-4, UTR-1, UTR-2, MR-1, MR-2, PI or PUD or intervening alley, and the abutting lot contains a one-unit or two-unit dwelling, school, church or recreational building or facility.
[2] 
The required screening shall consist of a solid wall, solid fence, densely planted compact hedge or evergreen planting, topographic features such as earth berms or retaining walls, or a combination thereof, or other screening deemed suitable by the Zoning Official. A solid wall or fence cannot be the sole screening method and must include a landscaping component. Landscape pockets, 12 feet wide by four feet deep, should be provided at 80-foot minimum intervals along a wall or fence used for screening. Such screening shall be not less than four feet in height and shall be adequately maintained.
(h) 
Protection of adjoining properties. Except for one-unit residential uses, all parking spaces located adjacent to property lines shall be provided with wheel guards, bumper guards, curbs or other means so designed and located that no part of the parked vehicles will extend beyond the property line.
(i) 
Signs. No sign of any kind shall be established and maintained in off-street parking spaces and lots, except signs used for the direction or control of traffic or for the purpose of parking lot identification. Such signs shall be a surface area not exceeding 12 square feet.
(10) 
Space required: residential uses.
(a) 
One-unit or two-unit dwellings: one space per dwelling unit.
(b) 
Three or more unit dwellings: 1.5 spaces per dwelling unit; however, dwellings containing three or more bedrooms shall provide two spaces per dwelling unit.
(c) 
Lodging, rooming or boarding houses: one space per dwelling unit.
(d) 
Manufactured/Mobile home communities: two spaces per trailer space.
(e) 
Family homes: one space per 1,000 square feet of gross floor area.
(f) 
Group homes: one space per employee for the shift having the greatest number of employees, plus one space per resident who is 16 years of age or older.
(g) 
Rehabilitation houses: one space per employee for the shift having the greatest number of employees, plus one space per resident who is 16 years of age or older.
(11) 
Space required: retail/service uses, except for uses located in the U-1 or U-2 District.
(a) 
Retail/Service uses, except otherwise listed below: one space per 300 square feet of gross floor area.
(b) 
Auction houses: one space per 100 square feet of gross floor area.
(c) 
Automobile car washes: one space per two employees.
(d) 
Motor vehicle service and repair stations and gas stations: one space per 200 square feet of gross floor area, exclusive of stopping spaces adjacent to pumps.
(e) 
Auto repair establishments; battery, muffler and/or tire service shops: one space per 200 square feet of gross floor area, plus one space per 3,000 square feet of gross land area.
(f) 
Banks, savings and loans and financial institutions: one space per 300 square feet of gross floor area, plus reservoir space sufficient to accommodate three times the number of teller windows for drive-in facilities.
(g) 
Barber shops and beauty shops: one space per 200 square feet of gross floor area.
(h) 
Electrical, plumbing, heating or similar showrooms and shops: one space per 300 square feet of gross floor area in retail area, plus one space per two employees employed in warehouse or other nonretail area.
(i) 
Funeral homes/mortuaries: one space per 50 square feet of floor area used for services or six spaces per chapel or parlor, whichever is greater.
(j) 
Greenhouses and nurseries: one space per 1,000 square feet of gross floor area, plus one space per 2,000 square feet of gross land area.
(k) 
Grocery or food stores: one space per 150 square feet of gross floor area.
(l) 
Hotels or motels: one space per habitable living unit, plus such additional spaces as may be required for retail sales areas, restaurants, bars and the like.
(m) 
Ice cream stores: one space per 100 square feet of gross floor area.
(n) 
Model garage display and sales: one space per 3,000 square feet of gross land area.
(o) 
Motor vehicle, mobile home, bicycle, boat, camper and recreational vehicle sales, rental or service establishment: one space per 300 square feet of gross floor area, plus one space per 3,000 square feet of gross land area.
(p) 
Offices or clinics of a physician, dentist, chiropodist, chiropractor, optician or osteopath: seven spaces per 1,000 square feet of gross floor area.
(q) 
Restaurants, taverns, bars, nightclubs, dance halls and discotheques: one space per 50 square feet of patron dining, lounge, waiting, bar and dancing area, plus one space per 400 square feet of kitchen and other service area; or 1 space per 100 square feet of gross floor area, whichever is greater.
(12) 
Space required: cultural, religious, recreational, and entertainment uses, except for uses located in the U-1 or U-2 District.
(a) 
Cultural, religious, recreational and entertainment uses, except otherwise listed below: one space per 300 square feet of gross floor area.
(b) 
Amusement parks: one space per 300 square feet of gross floor area, plus three spaces per 1,000 square feet of gross land area.
(c) 
Bowling alleys: one space per bowling lane, plus such additional spaces as may be required herein for such affiliated uses as bars, restaurants and the like.
(d) 
Clubs or lodges (private): one space per 150 square feet of gross floor area.
(e) 
Golf courses: 75 spaces per nine holes.
(f) 
Golf driving ranges: 1.5 spaces per driving tee, plus such additional spaces as may be required herein for such affiliated uses as retail sales area, bars, restaurants and the like.
(g) 
Meeting halls: 25% times seating capacity.
(h) 
Miniature golf establishments: one space per 300 square feet of gross floor area, plus one space per 300 square feet of gross land area.
(i) 
Music, art, dance or similar academies: three spaces per classroom, but not less than 10 spaces.
(j) 
Par 3 or "pitch and putt" golf courses: 40 spaces per nine holes.
(k) 
Skating rinks: one space per 100 square feet of gross floor area.
(l) 
Tennis, handball, racquetball and similar indoor courts and recreation facilities (private): 3.5 spaces per court.
(m) 
Theaters (indoor): 40% times seating capacity.
(n) 
Theaters (outdoor/drive-in): reservoir space of 10% of capacity of use.
(13) 
Space required: industrial/storage uses. There shall be provided off-street parking for motor vehicles as shown hereunder:
(a) 
Industrial/Storage uses: one space for every one employee on the shift having the greatest number of employees.
(14) 
Space required: governmental and institutional uses. Except for uses located in the U-1 or U-2 Uptown District, there shall be provided off-street parking for motor vehicles as shown hereunder:
(a) 
Schools, institutions and places of public assembly, except as otherwise listed below: one space per 300 square feet of gross floor area.
(b) 
Commercial, trade or vocational schools: one space per two students based on design capacity.
(c) 
Colleges, junior colleges or universities: one space per four students.
(d) 
Convalescent, nursing or rest homes: one space per three beds.
(e) 
Convention or exhibition hall: one space per 100 square feet of gross floor area.
(f) 
Elementary or junior high schools: two spaces per classroom.
(g) 
High schools: one space per employee, plus one space per six students based on design capacity.
(h) 
Institutions for care and residence of children or adults, or for treatment and care of persons with mental or physical impairments or disability: one space per 1,000 square feet of gross floor area.
(i) 
Libraries, museums or art galleries: one space per 500 square feet of gross floor area.
(j) 
Meeting halls: 40% times seating capacity.
(k) 
Music, art, dance or similar academies: three spaces per classroom, but not less than 10 spaces.
(15) 
Space required: mixed-use buildings. For mixed-use buildings located within the UTR-1, UTR-2, UTC-1, UTC-2 or UC-1 District, parking requirements can be reduced by the shared parking factor as shown hereunder:
Table 8.2-2
Shared Parking Factor
Function with Function
Residential
Lodging
Commercial/Office
Retail
Residential
1
1.1
1.4
1.2
Lodging
1.1
1
1.7
1.3
Commercial/Office
1.4
1.7
1
1.2
Retail
1.2
1.3
1.2
1
(16) 
Space required: other uses. For uses not listed in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for the most similar listed use, or as determined by the Zoning Board of Adjustment.
(17) 
Space required: compact car parking. Parking lots containing nine or more spaces may allot 1/3 of the total spaces for compact car parking. Such compact car spaces shall be at least eight feet by 16 feet in size and shall be designated "compact cars only" by appropriate signage.
C. 
Off-street loading requirements.
(1) 
Uptown District exemption. No off-street loading areas are required in the U-1 or U-2 Uptown District.
(2) 
Location. All required loading spaces shall be located on the same lot as the use served, except as provided in Subsection C(4) below. No loading space shall be located within 30 feet of the nearest point of intersection of any two streets.
(3) 
Yard requirements. No off-street loading area shall be located in a required front yard. In addition, no off-street loading area shall be located in a required side yard in an MR-1, MR-2, OS or BL District, or when abutting a Residential or Office/Service District or intervening alley.
(4) 
Central loading. Central loading facilities serving more than one lot and/or use may be substituted for loading areas on individual lots, provided the following conditions are fulfilled:
(a) 
Each lot served shall have direct access to the central loading area without crossing streets or alleys at grade.
(b) 
Total off-street loading spaces provided shall meet the minimum requirements herein specified based on the sum of the several types of uses served.
(5) 
Design and maintenance.
(a) 
Surfacing. All off-street loading shall be hard-surfaced and maintained to provide a durable pavement surface free of dust, weeds and standing water.
[1] 
Permitted hard-surfaced materials include:
[a] 
Permeable or porous surfaces, as approved by the Zoning Administrator.
[b] 
Portland concrete.
[c] 
Hot mix asphalt.
[d] 
A comparable surface as approved by the Zoning Administrator.
[2] 
The following materials are prohibited:
[a] 
Sealcoat;
[b] 
Gravel; and
[c] 
Dirt or grass.
[3] 
Permeable or porous surfaces designed to help mitigate stormwater run-off are encouraged.
(b) 
Drainage and grading. All off-street loading spaces shall be graded and drained so as to dispose of surface water accumulated within the area.
(c) 
Screening. All off-street loading spaces which abut a rear yard located in a Residential or Office/Service District or intervening alley shall be screened by a solid fence, solid wall, densely planted compact hedge or evergreen planting or other suitable screening, or by a combination thereof. A solid wall or fence cannot be the sole screening method and must include a landscaping component. Landscape pockets, 12 feet wide by four feet deep, should be provided at 80-foot minimum intervals along a wall or fence used for screening. Such screening shall be not less than six feet in height.
(d) 
Access. Each required off-street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.
(6) 
Spaces required. At a minimum, the following off-street loading space shall be provided, in addition to an area for adequate maneuvering, ingress and egress.
Table 8.2-3
Required Off-Street Loading Spaces
Type of Use
Square Feet of Gross Floor Area
Required Number of Spaces
Minimum Size of Loading Space
Retail stores, restaurants, hotels, motels
Less than 2,000
0
—
2,000 to 20,000
1
10' x 25'
20,001 to 50,000
2
12' x 35'
50,001 to 100,000
3
12' x 55'
Each additional 100,000
1 additional
12' x 55'
Banks, office buildings, funeral parlors, financial institutions, medical and dental offices
Less than 5,000
0
—
5,000 to 100,000
1
10' x 25'
Each additional 100,000
1 additional
12' x 35'
Warehouses, storage and wholesale establishments, cartage and express facilities, printing and publications
Up to 20,000
1
12' x 35'
20,001 to 40,001
2
12' x 35'
40,001 to 100,000
3
12' x 35'
For each additional 100,000
1 additional
12' x 55'
All other uses permitted in Business/Commercial Districts
Less than 2,000
0
—
2,000 to 20,000
1
12' x 35'
20,001 to 50,000
2
12' x 35'
50,001 to 100,000
3
12' x 55'
Each additional 100,000
1 additional
12' x 55'
Any noncommercial use permitted in Manufacturing District for production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products
Up to 10,000
1
12' x 35'
10,001 to 40,000
2
12' x 55'
40,001 to 100,000
3
12' x 55'
Each additional 100,000
1 additional
12' x 55'
Motor freight terminals
Up to 10,000
1
12' x 55'
10,001 to 40,000
1
12' x 55'
40,001 to 100,000
2
12' x 55'
Each additional 100,000
1 additional
12' x 55'
(7) 
Modifications. The Zoning Board of Adjustment may authorize a modification, reduction or waiver of the foregoing requirements if it should find that, in the particular case appealed, the peculiar nature of the use or the exceptional size or shape of the property or other exceptional situation or condition would justify such action.
D. 
Bicycle parking.
(1) 
Applicability. Bicycle parking as required by this chapter shall be provided when any of the following circumstances exist:
(a) 
A new principal building is constructed.
(b) 
A principal building is relocated.
(c) 
The use or building is changed or expanded to the extent that the number of required parking spaces is increased by 15%.
(2) 
Bicycle parking types.
(a) 
Short-term bicycle parking. Short-term bicycle parking is intended for visitors, customers, those seeking services and other users of a site who may park for two hours or less. Short-term parking shall be:
[1] 
Bicycle racks located in a contiguous area where the closest point is no more than 50 feet from a main building entrance;
[2] 
Located in convenient, visible, well-lit areas with easy access to a main entrance; and
[3] 
Along the desired travel path from adjacent bike paths.
(b) 
Long-term bicycle parking: Long-term bicycle parking is intended for residents, employees or other users of a site who may park for two hours or more. All facilities with short-term bicycle parking are encouraged to consider long-term parking at a rate of 10% of the required short-term parking. Long-term parking should be:
[1] 
Located in a sheltered storage facility that provides weather protection, such as bicycle lockers or bicycle racks located in cages or bicycle rooms;
[2] 
Located no more than 300 feet to its closest point from a main building entrance;
[3] 
Identified via effective guide signage;
[4] 
Accessible at all times for users of the site as follows:
[a] 
For residential uses, the parking shall be accessible to residents 24 hours a day.
[b] 
For employment uses, the parking shall be accessible to employees at all times employees are permitted on the site.
[c] 
For other uses, the parking shall be accessible at all times when the building is open to the general public.
(3) 
Number of required bicycle parking spaces.
(a) 
Bicycle parking spaces shall be provided in accordance with Table 8.2-4.
Table 8.2-4
Required Bicycle Parking Spaces
Land Use
Number of Short-Term Spaces Required [as defined in Subsection D(2)(a)]
Multi-unit residential
1 per 10 units
Group living, residential
1 per 20 bedrooms
Office
10% average occupant load
Commercial sales and personal service (retail, food establishments, medical office, etc.)
10% average occupant load
Industrial/Manufacturing
1 space per 20 employees
Community use (nonutility)
10% average occupant load
Schools
1 per classroom
Assembly, entertainment and spectator
1 per 50 seats
All other uses
Encouraged
(b) 
Exemptions. Certain residential units may be considered "bike accessible" and therefore exempted from calculations for parking requirements, as follows:
[1] 
Multi-units that have access to a private individual or shared garage with adequate space to provide for secure bicycle storage in addition to a motor vehicle parking space.
[2] 
In the U-1 and U-2 Districts where off-street parking is not required, bike parking shall also not be required unless vehicular off-street parking is being provided. In this instance, bike parking shall be installed at a rate of 10% of the vehicular parking spaces provided.
(c) 
Reductions. The Community Development Director/Zoning Official may reduce bicycle parking requirements for uses for which it is expected that at least half of the users of the site, whether residents, employees or those seeking services, have a physical impairment or disability. Any reduction shall be based on the percentage of all users with mobility limitations.
(4) 
General bike parking standards.
(a) 
Bicycle parking in the public right-of-way. Bicycle parking may be located in the public right-of-way only if approved and permitted by the City Council with an encroachment agreement.
(b) 
Location of short-term bike facilities.
[1] 
Bicycle parking areas shall be provided within 50 feet of the designated entrance area for the intended cyclist.
[2] 
When multiple entrances are provided, bicycle parking may be distributed proportionately between entrances based on the number of users anticipated at each entrance.
[3] 
When multiple buildings are located on a site, bicycle parking shall be distributed based on bicycle parking required per building.
(c) 
Bicycle parking space design shall be:
[1] 
Accessible without moving another bicycle;
[2] 
Provided with an aisle measured perpendicular to one side of the bicycle parking space to allow for access and maneuvering. All aisle widths shall be in accordance with the recommendations of the Association of Pedestrian and Bicycle Professionals.
[3] 
Connected to an ADA-accessible sidewalk or corridor;
[4] 
Hard-surfaced; and
[5] 
Located so they do not interfere with pedestrian or motor vehicle traffic.
(5) 
Bicycle fixture types.
(a) 
The following bicycle racks are permitted: inverted U, inverted U series, post-and-ring, secured wheel well, tree-guard, modified coat hanger, two-tier, double decker and wall-mounted racks.
(b) 
Alternate designs allowed so long as bicycle racks:
[1] 
Support the bicycle in at least two places, preventing it from falling down;
[2] 
Allow locking of the frame and one or both wheels with a U-lock;
[3] 
Are securely anchored to the ground; and
[4] 
Resist cutting, rusting, bending or deformation.
[Amended 8-17-2023 by Ord. No. 23-21; 8-21-2025 by Ord. No. 25-23]
A. 
Purpose. The regulation of signs by this Code is intended to promote and protect the public health, safety and welfare by creating a more attractive economic and business climate within the commercial and office areas of the City; by enhancing and protecting the physical appearance of all areas of the City; and by reducing the distractions, obstructions and hazards to pedestrian and auto traffic caused by the indiscriminate placement and use of signs.
B. 
Scope. The regulations of this section shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs within the City intended to be viewed from any street, sidewalk or public or private common open space. Any sign not expressly permitted by these regulations shall be prohibited. The regulations of this section relate to the location of signs, by function and type, within zoning districts and shall be in addition to provisions of the Code of Ordinances applicable to the construction and maintenance of signs. The use and termination of nonconforming signs shall comply with § 340-3.4 of this chapter.
C. 
Sign measurements.
(1) 
Sign area. The supporting structure or bracing of a sign shall be omitted in measuring the area of the sign unless such structure or bracing is made part of the message or face of the sign. Where a sign has more than one display face, all faces shall be included in determining the area of the sign. The area of a sign is determined by the Zoning Official, using actual dimensions where practical or approximate dimensions when irregularity of the sign shape warrants. The area of each sign type is to be measured with either Formula A or Formula B as noted below.
(a) 
Formula A. The sign area is the sum of the area of contiguous rectangles, squares and/or circles that enclose the extreme points or edges of all copy, logos and symbols of said sign. Minor appendages to a particular regular shape, as determined by the Zoning Official, shall not be included in the total area of a sign.
(A1 x A2) + (B1 x B2) = Sign Area
(b) 
Formula B. The sign area is the area of one rectangle, square or circle that encloses the extreme points or edge of all areas where copy may be placed on a sign. This area does not include structural or architectural features of the sign where copy will be located.
(A x B) = Sign Area
(2) 
Sign height. Height shall be measured from average ground level, excluding any filling, berming, mounding, or excavating solely for locating the sign to the highest point of the sign or support structure, whichever is taller.
(3) 
Sign projection. Any building sign extending more than six inches from the wall to which it is attached shall allow a minimum of eight feet of clearance from the average ground level, as measured in this section.
(4) 
Sign setback. The setback of a sign is measured from the lot line to the line projected to the ground plane of the nearest portion of the sign.
D. 
Signs on lots with multiple users. Where more than one user occupies a zoning lot, the owner of the lot shall be responsible for allocating permitted signage among such users.
E. 
General safety. Notwithstanding any provision of this chapter, no sign shall be located in any area or in any manner so as to create a nuisance or a threat to the public safety and welfare.
F. 
Sign definitions. For purposes of this Code, signs shall be defined as follows:
ATTENTION-GETTING DEVICE
A building or freestanding sign designed to attract attention by means of flashing or moving parts, bright color or light, or movement of any kind. Examples of such signs include pennants hung in series, whirligigs, spinners, streamers, flashing lights, searchlights and balloons.
AWNING, CANOPY OR MARQUEE SIGN
A building sign that is mounted or painted on or attached to an awning, canopy or marquee that is otherwise permitted by this Code. No such sign shall project above, below or beyond the physical dimensions of such awning, canopy or non-rigid marquee.
BANNER SIGN
A building or freestanding sign made of fabric or other similar nonrigid material with no enclosing framework or electrical components that is supported or anchored on two or more edges or at all four corners.
BILLBOARD SIGN
A freestanding board, panel or tablet historically used for the display of posters, printed or painted advertising matter, either illuminated or nonilluminated, that directs attention to goods, merchandise, entertainment or services offered elsewhere than the premises where the sign is located. Billboards are typically much larger than other sign types.
BOX SIGN
A building sign that is self enclosed in a typically square or rectangular structure, with or without internal lighting. A box sign can be single- or double-sided. Internally illuminated. Channelized lettering, logos or groupings of letters and/or logos, not providing any additional sign face, shall not be considered a box sign.
BUILDING SIGN
Any sign supported by uprights, braces, or other devices, or otherwise attached to any building.
CONSTRUCTION SITE SIGN
A temporary freestanding sign erected on premises on which construction is taking place, during the period of such construction.
DRIVE-THRU SIGN
A building or freestanding series of signs located at the pick-up, drop-off, ordering or service area of such a facility.
ELECTRONIC MESSAGE CENTER/MANUAL CHANGEABLE COPY SIGN
A building or freestanding sign or portion thereof designed to accommodate frequent message changes composed of characters, letters or illustrations and that can be changed or rearranged, either manually or electronically, without altering the face or surface of such sign.
FLAG OR EMBLEM
A flag or emblem used for the dissemination of noncommercial speech or identification.
FREESTANDING SIGN
A sign on a frame, pole or other support structure not attached to any building.
GOVERNMENTAL SIGNS
A building or freestanding sign erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation.
HOME OCCUPATION SIGN
A building sign on a lot that contains a home occupation.
JOINT IDENTIFICATION SIGN
A freestanding sign at the entryway into a planned development, office plaza, shopping center, business park or the like.
MONUMENT SIGN
A freestanding sign defined by a solid support structure (other than support poles). The width of a single support structure or the total of two support structures must be a minimum of 40% of the total faceplate width. The support structure shall be constructed of like material to the principal building on the property, except metal box sheeting around a support structure, which shall not be permitted under any circumstances.
MOVING OR ANIMATED SIGN
Any building or freestanding sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement or rotation.
PAINT-ON-WALL SIGN
A sign painted on the wall of a building or structure, with the exposed face of the sign in a plane parallel to the face of the wall.
PORTABLE SIGN
A freestanding sign that is not permanently affixed to a building, a structure or the ground, but not including customary lettering on vehicles and advertising posters on buses and taxicabs.
PROJECTING SIGN
A building sign that is wholly or partially dependent upon a building for support and that projects more than 12 inches from such building.
PYLON SIGN
A freestanding sign that is mounted on a freestanding pole or other supports.
ROOF SIGN
A building sign that is mounted or painted on the roof of a building, or that is wholly dependent upon a building for support and that projects above the highest point of a building with a flat roof, the eave line of a building with gambrel, gable or hip roof or the deck line of a building with a mansard roof.
SANDWICH BOARD SIGN
A two-sided, A-frame, temporary freestanding sign not illuminated and placed on the ground, without any physical attachment to the ground.
TEMPORARY SIGN
A building or freestanding sign intended to be displayed for a short period of time and often portable in nature.
TRAILER SIGN
A portable sign that is attached to or placed on a trailer that is parked on or adjacent to any property for longer than regular business hours.
VERTICAL BANNER/FEATHER SIGN
A portable temporary sign, typically constructed of cloth, bunting, plastic, paper, or similar non-rigid material and attached to a vertically mounted pole that is securely fastened to the ground.
WALL SIGN
A building sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign.
WINDOW SIGN
A building sign that is applied or attached to the exterior or interior of a window or located within the interior of a structure so that its message can be read from the exterior of the structure.
G. 
Prohibited signs in all districts. The following signs, as well as all other signs not expressly permitted by this Code, are prohibited in all districts and shall not be erected, maintained or, except as provided for elsewhere in this Code, permitted to continue in any district:
(1) 
No sign or sign structure shall be placed on or over any street or highway right-of-way other than an official traffic or street sign and such other signs approved for placement by the controlling public agency. If the controlling public agency is the City, such approval shall be based on codes and regulations adopted by the City Council pursuant to applicable law.
(2) 
No sign or sign structure shall be placed on private or public property without the consent of the owner or authorized agent of the owner of such property.
(3) 
No sign or sign structure shall be erected at any location to constitute, because of its size, shape, design, location, content, coloring or manner of illumination, a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers by obscuring or otherwise physically interfering with any official traffic control device; nor shall any sign be placed in a fashion or that may be confused with an official traffic control device. No rotating beacon, beam or flashing illumination resembling an emergency light shall be used in connection with any sign display or be visible from an adjacent street. No lights resembling an emergency light, no words used or displayed in such a way as to imitate a public safety or warning sign, and no other lights, words, phrases, symbols or characters that may interfere with, mislead or confuse vehicle operators shall be used in a location that is visible to vehicular traffic.
(4) 
No sign shall be erected to prevent free ingress to, or egress from, any door, window or any other exit way required by the Building Code or Fire Code of the City, or by any other ordinance.
(5) 
No sign shall be attached to a standpipe, gutter drain, unbraced parapet wall or fire escape unless the safety of such sign and such mounting has been verified in writing by a structural engineer licensed to practice in the State of Iowa.
(6) 
Attention-getting devices.
(7) 
Banner signs, unless functioning as a temporary sign.
(8) 
Box signs, except:
(a) 
Box signs shall be permitted on existing multi-tenant buildings that have a minimum of 50% existing box signs affixed to the building at the time of adoption of this chapter. Box signs shall not be greater than the average size of the box signs attached to the building.
(b) 
A secondary line of text is permitted.
(9) 
Moving or animated signs.
(10) 
Portable signs, unless specifically permitted as a temporary sign or sandwich board sign.
(11) 
Roof signs.
(12) 
Vertical banner/feather sign.
(13) 
Any sign that is abandoned, in a state of serious disrepair or is no longer functional:
(a) 
A sign left blank, having significant portions of letters, words or other copy missing for more than 30 days.
(b) 
The use on the site is vacant for more than 180 days.
(c) 
The use changes and there is no change in the sign face, lettering, or word for more than 30 days.
(d) 
A temporary sign that has been in place longer than permitted by this section.
(14) 
Any sign that becomes structurally unsound, is in danger of falling or is otherwise unsafe.
(15) 
Any sign that has been erected, placed or otherwise established or maintained in violation of the then-existing sign regulations or has in any way been unlawfully installed, erected or maintained.
(16) 
Any sign painted directly on a wall, roof or fence.
H. 
Procedure for removal of signs. Following written notice from the Zoning Official, the owner, agent or person who benefits from the use of the land, building or sign structure shall have a minimum of 90 days to remove the subject sign and/or sign structure that is identified in said notice. The written notice shall specify the sign or sign structure and state the specific reasons why removal is required. Said notice shall also provide a minimum of 30 days from receipt of the notice for an appeal to be filed with the Board of Adjustment. However, if notice involves any sign that is creating an unsafe or hazardous condition or involves a temporary sign as defined in this chapter, then the notice shall provide for removal within a maximum of seven days and four days for filing an appeal. If said notice is not complied with and there is no appeal as provided, or if an appeal is denied, the Zoning Official is authorized to cause removal of such sign and structure, and any related expenses incurred shall be paid by the owner of the sign or land, building or structure where said sign is located. If costs of removal of the sign and/or sign structure under this section are not paid within 60 days of the City's issuance of an invoice for said costs, the City shall be authorized to assess the costs against the property.
I. 
Signs permitted in any district without a permit. Except as regulated by this subsection and except as expressly prohibited in Subsection G of this section, and notwithstanding any other contrary provisions of this Code, the following signs may, subject to the following limitations, be erected and maintained in any district without obtaining a City sign permit:
(1) 
Driveway signs. A sign at every vehicle entrance to and exit from a lot from the public right-of-way. Such sign shall:
(a) 
Not be permitted in residential districts.
(b) 
Be limited to two per driveway serving a lot from a public right-of-way, located within 15 feet of the intersection of the driveway and right-of-way. Other driveway signs internal to the site must meet the definition of "interior building and lot sign."
(c) 
Be no more than six square feet and four feet high from grade.
(d) 
Be subject to the illumination requirements in Subsection R(1).
(e) 
Signs painted on or installed flush with the driveway surface are not subject to the sign regulations and would be considered a part of a parking lot striping plan.
(2) 
Governmental signs. The content and size of any such sign shall not exceed the requirements of the law, ordinance or regulation under the most similar sign type in which such sign is erected. This includes signs located on or within City parks and recreation facilities. Examples include, but are not limited to:
(a) 
Emergency and warning signs necessary for public safety or civil defense.
(b) 
Traffic signs erected and maintained by an authorized public agency.
(c) 
Signs required to be displayed by law.
(d) 
Signs directing the public to points of interest.
(e) 
Signs showing the location of public facilities.
(3) 
Home occupation signs. Such signs shall:
(a) 
Only be permitted as a building sign.
(b) 
Be limited to no more than one sign per structure.
(c) 
Be no more than one square foot in area.
(d) 
Be directly affixed to the structure.
(e) 
Not be illuminated.
(4) 
Nameplate signs. Such signs shall:
(a) 
Be limited to no more than one wall sign per occupancy.
(b) 
Be no more than one square foot in area per occupancy, and in no event more than three square feet in total area per building.
(c) 
Not be illuminated.
(5) 
Official flags and emblems, grave markers, statues or remembrance of persons and/or events. Such signs may be displayed on flags. Such signs may also be displayed in the form of a wall sign, grave marker, statue or remembrance of persons and/or events. A building permit is required for the placement and installation of a wall sign.
(6) 
Interior building and lot signs.
(a) 
Any signs that are located within a building and not legible or intended to be viewed from the public right-of-way.
(b) 
Signs intended to be readable from within a parking lot but not readable beyond the boundaries of the lot upon which they are located or from any public right-of-way or adjacent property.
J. 
Temporary signs. This subsection ensures that temporary signs do not distract the traveling public by eliminating the aesthetic blight and litter caused by temporary signs.
(1) 
Temporary signs do not require a sign permit unless. The temporary sign as regulated in this subsection is 32 square feet in area or larger, or taller than seven feet from grade. The permit will ensure the sign has appropriate footing sizes and is located in a way that does not impact visual clearances. Temporary signs requiring a permit shall be kept in good condition. The City may remove signs not maintained in good condition.
(2) 
A total of two temporary signs may be present per lot at any one time, building or freestanding, and only in the following temporary situations:
(a) 
At new subdivision entrances that take access from an arterial or highway frontage: Must be removed within 30 days after construction is complete on 90% of lots in the subdivision.
(b) 
On a lot with active construction work: Up to 14 days following completion of the construction in question.
(c) 
On a lot with an active real estate sale or seasonal sale: No time limitation as long as there is an active real estate listing or seasonal sale, subject to other code requirements.
(d) 
Before and during special events on the lot that are open to the public: Up to 14 days before and after the event.
(e) 
Before and after a local, state, or national election: Up to 60 days before the election and 14 days after the election.
(3) 
The maximum surface area of each temporary sign on a lot shall be:
(a) 
Nonresidential/mixed-use districts: 32 square feet, except that:
[1] 
New subdivision entrances can have 240 square feet total.
(b) 
Residential districts: six square feet, except that:
[1] 
New subdivision entrances can have 240 square feet total.
[2] 
Before and after elections, the total area can be 24 square feet per lot.
(c) 
If on a window:
[1] 
The aggregate area of all permanent and temporary window signs shall not exceed 30% of the area of the window in which they are exhibited.
[2] 
Shall not block any window area required for light, ventilation or emergency exit by any applicable code.
(4) 
The maximum height of temporary signs shall be:
(a) 
Nonresidential/mixed-use districts: six feet, except that:
[1] 
Temporary signs at new subdivision entrances can be 12 feet.
(b) 
Residential districts: four feet, except that:
[1] 
Temporary signs at new subdivision entrances can be 12 feet.
(5) 
The minimum setback of temporary signs shall:
(a) 
At new subdivisions: be 1,000 feet from another temporary sign at a new subdivision.
(b) 
Corner lots: meet corner visual clearance requirements.
(c) 
For all other temporary situations: be five feet from lot lines.
(6) 
Temporary signs shall not be illuminated.
K. 
Sign types requiring a permit by district. Table K indicates the sign types that require a permit in each zoning district. Additional design standards and restrictions apply as may be indicated in this chapter. The letters indicate the following:
(1) 
"P" means that the sign type is permitted for all uses in the district, subject to any additional standards in Subsections L and S.
(2) 
"C" means that the sign type requires a conditional use permit.
(3) 
"x" means that the sign type is not permitted for residential uses with four units or fewer.
(4) 
A blank cell means the sign type is not permitted in the district.
Table K: Signs Requiring a Permit
Sign Types
AG or R
MR-1 MR-2
BL
BC
BR
U-1
U-2
UT R-1
UT R-2
UT C-1
UT C-2
UT-1
OS
M-1
M-2
PI
ROS
Freestanding
Attention-Getting Device
Billboard Sign1
C
C
C
C
C
Drive-thru Sign
P
P
P
P
P
P
P
P
P
P
P
P
Electronic Message Center/Manual Changeable Copy Sign2
Px
P
P
P
P
P
P
P
P
Joint Identification Sign
P
P
P
P
P
P
P
P
P
P
P
P
P
Monument Sign
Px3
Px3
P
P
P
P
P
Px
Px
P
P
P
P
P
P
P
P
Moving or Animated Sign
Portable Sign
Pylon (Pole) Sign
Sandwich Board Sign
P
P
P
P
P
P
P
Px
Px
P
P
P
P
P
P
P
P
Building
Attention-Getting Device
Awning/Canopy or Marquee Sign
Px
Px
P
P
P
P
P
Px
Px
P
P
P
P
P
P
P
P
Banner Sign
Billboard Sign1
Box Sign
Drive-thru Sign
P
P
P
P
P
P
P
P
P
P
P
P
P
Electronic Message Center/Manual Changeable Copy Sign2
P
P
P
P
P
P
P
Moving or Animated Sign
Paint on Wall Sign
Projecting Sign
Px
P
P
P
P
P
Px
P
P
P
P
P
P
P
P
Roof Sign
Wall Sign
Px
Px
P
P
P
P
P
Px
Px
P
P
P
P
P
P
P
P
Window Sign
P
P
P
P
P
P
P
P
P
P
P
P
P
Notes:
1)
Billboards only permitted as a conditional use in these districts if located on property with direct street frontage along Highway 13, Highway 151 east of Highway 13, or Highway 100 street frontage.
2)
Electronic message center/manual changeable copy sign only permitted in these districts within a monument sign or billboard, subject to that sign type's locational standards.
3)
One monument sign is permitted at the entrance of a residential subdivision, but shall not include an electronic message center/manual changeable copy sign.
L. 
Freestanding signs requiring a permit - regulations: Agricultural, Residential, and Public Districts.
"s.f." means "square feet").
Freestanding Signs1, 5
AG, RR, SR, TR, RM
MR-1, MR-2
PI
ROS
Total Sign Area Allocation per Zoning Lot (building + freestanding)
All Signs
Subject to maximum number and individual size limitations.
1 s.f. per linear foot of street frontage, or at least 60 s.f.
Maximum Number of Signs
Billboards
Not permitted
Drive-thru
Not permitted
1 per drive-thru station; up to 2 signs
Electronic Message Center/Manual Changeable Copy
Not permitted
1 per zoning lot
1 per zoning lot as part of a permitted monument sign
Joint Identification
Not permitted
1 per street frontage2
Monument
1 per street frontage2
1 per street frontage for frontage under 500 feet in length; 2 per street frontage for frontage 500 feet or more in length3
Sandwich Board
1 per entrance
1 per entrance
Individual Sign Area Limitations
Billboards
Not permitted
Not permitted
Drive-thru
Not permitted
36 s.f.
Electronic Message Center/Manual Changeable Copy
50% of the gross surface area of the non-electric/changeable copy portion of the sign face6
Monument: 50% of the non-electric/changeable copy portion of the sign face6
Billboard: Not over the sign area limitations
Joint Identification
Not permitted
160 s.f. per face; up to 320 s.f. total
Monument
16 s.f.
100 s.f. per face; up to 200 s.f. total
Sandwich Board
6 s.f.
12 s.f.
Illumination
All illuminated signs
See Subsection R(1), Illumination of signs.
Maximum Height Above Grade
Billboard
Not permitted
Not permitted
Drive-thru
Not permitted
8 feet
Joint Identification
Not permitted
12 feet when setback is under 20 feet from lot lines; 18 feet when setback is 20 feet or more from lot lines
Monument
8 feet
8 feet when setback is under 20 feet from lot lines; 15 feet when setback is 20 feet or more from lot lines
Minimum Setbacks3, 4
All signs
8 feet to nearest interior lot line or 10 feet to the nearest front or street side lot line; except that sandwich board signs have no minimum setback but must not reduce unobstructed pedestrian paths to less than 6 feet
5 feet from right-of-way and 6 feet from all other lot lines, except that billboards shall be subject to building setback requirements
Additional Standards
All Sign Types
See Subsection S, Signs requiring a permit; type-specific standards.
Notes:
1.
Drive-thru signs, temporary signs, joint identification signs and signs allowed without permits shall not be counted toward the total sign area and number allowance permitted on a zoning lot.
2.
Must be spaced at least 300 feet apart from other monument/freestanding signs on the same lot.
3.
Must be spaced at least 300 feet apart when a zoning lot contains two monument signs per street frontage, and the second sign per frontage must be a joint identification sign.
4.
Subject to corner visual clearance requirements in Subsection R(7)(b).
5.
If a sign type is not specified, there is no maximum number of signs, subject to the total sign area allocation per zoning lot.
6.
For example, if the non-electric portion of the sign is 50 s.f., then the electric/changeable copy portion can be up to 25 s.f. for a total sign face of 75 s.f.
M. 
Building signs requiring a permit - Regulations: Agricultural, Residential, and Public Districts.
("s.f." means "square feet")
Building Signs1, 2
AG, RR, SR, TR, RM
MR-1, MR-2
PI
ROS
Total Sign Area Allocation per Zoning Lot (building + freestanding)
All signs
100 s.f. for agricultural uses and 50 s.f. for nonresidential/mixed-use uses and residential over 4 units
1 s.f. per linear foot of street frontage, or at least 60 s.f.
Maximum Number of Signs
Awning/Canopy/Marquee
1 per street frontage
1 per street frontage or tenant
Box
Not permitted
No new box signs permitted4
Drive-thru
Not permitted
1 per drive-thru station located on the building wall facing the drive-thru lane
Electronic Message Center/Manual Changeable Copy
Not permitted
50% of the non-electric/changeable copy portion of the sign face3
Projecting
Not permitted
1 per street frontage
1 per street frontage or 1 per tenant
Wall
1 per street frontage
1 per street frontage and 1 per interior facing facade that faces a parking lot. For multi-tenant buildings, 1 per tenant per street frontage.
Window
Not permitted
Limited to the number of windows and total sign area allocation
Individual Sign Area Limitations
Awning/Canopy/Marquee
25 s.f. per sign face, or 20% of the awning/canopy, whichever is less
50 s.f. per sign face, or 20% of the awning/canopy, whichever is less
Box
Not permitted
No new box signs permitted4
Drive-thru
Not permitted
15 s.f.
Electronic Message Center/Manual Changeable Copy
Not permitted
50% of the total permitted sign face
Projecting
Not permitted
1 story: 6 s.f.
Over 2 stories: Additional 10 s.f. per story, up to a total of 36 s.f.
1 story: 6 s.f.
Over 2 stories: Additional 10 s.f. per story, up to a total of 36 s.f.
Wall
16 s.f.
120 s.f. per sign or 20% of the wall face, whichever is less
Window
Not permitted
30% of the window area
Illumination
All illuminated signs
See Subsection R(1), Illumination of signs.
Additional Standards
All sign Types
See Subsection S, Signs requiring a permit; Type-specific standards.
Notes:
1.
Drive-thru signs, temporary signs, joint identification signs and signs allowed without permits shall not be counted toward the total sign area and number allowance permitted on a zoning lot.
2.
If a sign type is not specified, there is no maximum number of signs, subject to the total sign area allocation per zoning lot.
3.
For example, if the non-electric portion of the sign is 50 s.f., then the electric/changeable copy portion can be up to 25 s.f. for a total sign face of 75 s.f.
4.
Secondary lines of text can be on a flat panel sign
N. 
Freestanding signs requiring a permit - Regulations: Commercial and Industrial Districts.
("s.f." means "square feet")
Freestanding Signs1,5
BL
BC
BR
OS
M-1
M-2
Total Sign Area Allocation per Zoning Lot (building + freestanding)
All signs
1 s.f. per linear foot of street frontage, or at least 60 s.f.
Maximum Number of Signs
Billboard
1 per zoning lot, but not on PUD zoned property, or within 300 feet of a public or private school, park, officially designated local, state, or federal historic property, place of worship or cemetery
Drive-thru
Not permitted
1 per drive-thru station; up to 2 signs
Electronic Message Center/Manual Changeable Copy
1 per zoning lot
Joint identification
1 per street frontage2
Monument
1 per street frontage for frontage under 500 feet in length; 2 per street frontage for frontage 500 feet or more in length3
Sandwich Board Sign
1 per entrance
Individual Sign Area Limitations
Billboards
48 feet long by 14 feet high per face
Drive-Thru
Not permitted
36 s.f.
Electronic Message Center/Manual Changeable Copy
Monument: 50% of the non-electric/changeable copy portion of the sign face6
Billboard: Not over the sign area limitations
Joint identification
100 s.f. per face; up to 200 s.f. total
160 s.f. per face; up to 320 s.f. total
Monument
80 s.f. per face; up to 160 s.f. total
120 s.f. per face; up to 240 s.f. total
100 s.f. per face; up to 200 s.f. total
Sandwich Board Sign
12 s.f.
Illumination
All illuminated signs
See Subsection R(1), Illumination of signs.
Maximum Height above Grade
Billboard
Lowest edge of display face 10 feet above grade; highest edge of display face 24 feet above street grade
Lowest edge of display face 14 feet above grade; highest edge of display face 28 feet above street grade
Drive-thru
8 feet
8 feet
Joint Identification (excluding a 2-foot architectural feature on the top)
12 feet
12 feet when setback is less than 20 feet from lot lines+n18 feet when setback is more than 20 feet from lot lines
Monument (excluding a 2-foot architectural feature on the top)
8 feet
8 feet when setback is less than 20 feet from lot lines; 15 feet when setback is more than 20 feet from lot lines
Minimum Setbacks4
All Signs
5 feet from right-of-way and 6 feet from all other lot lines, except that billboards shall be subject to building setback requirements, and sandwich board signs have no minimum setback but must not reduce unobstructed pedestrian paths to less than 6 feet.
Additional Standards
All Sign Types
See Subsection S, Signs requiring a permit; type-specific standards.
Notes:
1.
Drive-thru signs, temporary signs, joint identification signs and signs allowed without permits shall not be counted toward the total sign area and number allowance permitted on a zoning lot.
2.
Must be spaced at least 300 feet apart from other monument/freestanding signs on the same lot.
3.
Must be spaced at least 300 feet apart when a zoning lot contains two monument signs per street frontage, and the second sign per frontage must be a joint identification sign.
4.
Subject to corner visual clearance requirements in Subsection R(7)(b).
5.
If a sign type is not specified, there is no maximum number of signs, subject to the total sign area allocation per zoning lot.
6.
For example, if the non-electric portion of the sign is 50 s.f., then the electric/changeable copy portion can be up to 25 s.f. for a total sign face of 75 s.f.
O. 
Building signs requiring a permit - Regulations: Commercial and Industrial Districts.
("s.f." means "square feet")
Building Signs2
BL
BC
BR
OS
M-1
M-2
Total Sign Area Allocation per Zoning Lot (building + freestanding)1
All signs
1 s.f. per linear foot of street frontage, or at least 60 s.f.
Maximum Number of Signs
Awning/Canopy/Marquee
1 per street frontage or tenant
1 per street frontage or tenant
Box
No new box signs permitted4
Drive-thru
Not permitted
1 per drive-thru station located on the building wall facing the drive-thru lane
Electronic Message Center/Manual Changeable Copy
Not permitted
1 per zoning lot
Projecting
1 per street frontage or 1 per tenant
Wall
1 per street frontage and 1 per interior-facing facade that faces a parking lot. For multi-tenant buildings, 1 per tenant per street frontage and 1 per interior facing facade that faces a parking lot.
1 per street frontage and for multi-tenant buildings; 1 per tenant per street frontage
Window
Limited to the number of windows and total sign area allocation
Individual Sign Area Limitations
Awning/Canopy/Marquee
50 s.f. per sign face, and <20% of the awning/canopy
Drive-thru
Not permitted
15 s.f.
Box
No new box signs permitted4
Electronic Message Center/Manual Changeable Copy
Not permitted
50% of the non-electric/changeable copy portion of the sign face3
Projecting
1 story: 6 s.f.
Over 2 stories: Additional 10 s.f. per story, up to a total of 36 s.f.
Wall
200 s.f. per sign or 20% of the wall face, whichever is less
120 s.f. per sign or 20% of the wall face, whichever is less
Window
30% of the window area
Illumination
All Illuminated Signs
See Subsection R(1), Illumination of signs.
Additional Standards
All Sign Types
See Subsection S, Signs requiring a permit; type-specific standards.
Notes:
1.
Drive-thru signs, temporary signs, joint identification signs and signs allowed without permits shall not be counted toward the total sign area and number allowance permitted on a zoning lot.
2.
If a sign type is not specified, there is no maximum number of signs, subject to the total sign area allocation per zoning lot.
3.
For example, if the non-electric portion of the sign is 50 s.f., then the electric/changeable copy portion can be up to 25 s.f. for a total sign face of 75 s.f.
4.
Secondary lines of text can be on a flat panel sign
P. 
Freestanding signs requiring a permit - Regulations: Central Corridor Districts.
("s.f." means "square feet")
Freestanding Signs5, 6
U-1
U-2
UTR-1
UTR-2
UTC-1
UTC-2
UC-1
Total Sign Area Allocation per Zoning Lot (building + freestanding)1
All signs
1 s.f. per linear foot of street frontage, or at least 60 s.f.
Subject to maximum number and individual size limitations
1 s.f. per linear foot of street frontage, or at least 60 s.f.
Maximum Number of Signs
Billboard
Not permitted
Drive-thru
Not permitted
1 per drive-thru station; up to 2 signs
Not permitted
1 per drive-thru station; up to 2 signs
Joint Identification
1 per street frontage2
Not permitted
1 per street frontage2
Electronic Message Center/Manual Changeable Copy
Not permitted
Monument
1 per street frontage for frontage under 500 feet in length; 2 per street frontage for frontage 500 feet or more in length3
1 per zoning lot
1 per street frontage for frontage under 500 feet in length; 2 per street frontage for frontage 500 feet or more in length3
Sandwich Board
1 per entrance
Individual Sign Area Limitations
Billboards
Not permitted
Drive-Thru
Not permitted
36 s.f.
Not permitted
36 s.f.
Electronic Message Center/Manual Changeable Copy
Not permitted
Joint Identification
100 s.f. per face up to 200 s.f. total
Not permitted
100 s.f. per face, up to 200 s.f. total7
160 s.f. per face, up to 320 s.f. total
Monument
80 s.f. per face, up to 160 s.f. total
16 s.f.
80 s.f. per face, up to 160 s.f. total7
120 s.f. per face, up to 240 s.f. total
Sandwich Board
12 s.f.
6 s.f.
12 s.f.
Illumination
All Illuminated Signs
See Subsection R(1), Illumination of signs.
Maximum Height Above Grade
Billboard
Not permitted
Drive-Thru
Not permitted
8 feet
Not permitted
8 feet
Joint Identification
8 feet
Not permitted
10 feet when setback is under 20 feet from lot lines; 15 feet when setback is 20 feet or more from lot lines
Monument
8 feet
8 feet
8 s.f.
8 feet
8 feet when setback is under 20 feet from lot lines; 12 feet when setback is 20 feet or more from lot lines
Minimum Setbacks4
All signs
5 feet from right-of-way and 6 feet from all other lot lines; except that sandwich board signs have no minimum setback but must not reduce unobstructed pedestrian paths to less than 6 feet.
Additional Standards
All Sign Types
See Subsection S, Signs requiring a permit; type-specific standards
Notes:
1.
Drive-thru signs, temporary signs, joint identification signs and signs allowed without permits shall not be counted toward the total sign area and number allowance permitted on a zoning lot.
2.
Must be spaced at least 300 feet apart from other monument signs on the same lot.
3.
Must be spaced at least 300 feet apart when a zoning lot contains two monument signs per street frontage, and the second sign per frontage must be a joint identification sign.
4.
Subject to corner visual clearance requirements in Subsection R(7)(b).
5.
Additional review is required when located within the Uptown Design Subdistrict of the Central Corridor Districts. Refer to § 340-5.9.
6.
If a sign type is not specified, there is no maximum number of signs, subject to the total sign area allocation per zoning lot.
7.
Subject to UTC-2 standards when the UTC-1 District is across a public street from a UTC-2 or UC-1 District.
Q. 
Building sign requiring a permit - Regulations: Central Corridor Districts.
("s.f." means "square feet")
Building Signs 3,4
U-1
U-2
UTR-1
UTR-2
UTC-16
UTC-2
UC-1
Total Sign Area Allocation per Zoning Lot (building + freestanding)1
All Signs
1 s.f. per linear foot of street frontage, or at least 60 s.f.
Subject to maximum number and individual size limitations
1 s.f. per linear foot of street frontage, or at least 60 s.f.
Maximum Number of Signs2
Awning/Canopy/Marquee
1 per street frontage or tenant
Not permitted
1 per street frontage or tenant
Box
No new box signs permitted5
Drive-thru
Not permitted
1 per drive-thru station located on the building wall facing the drive-thru lane
Not permitted
1 per drive-thru station located on the building wall facing the drive-thru lane
Electronic Message Center/Manual Changeable Copy
Not permitted
Projecting
1 per street frontage or one per tenant
1 per street frontage
1 per street frontage or one per tenant
Wall
1 per street frontage and 1 per interior facing facade that faces a parking lot. For multi-tenant buildings, 1 per tenant per street frontage.
1 per street frontage
1 per street frontage and 1 per interior facing facade that faces a parking lot. For multi-tenant buildings, 1 per tenant per street frontage.
Window
Limited to the number of windows and total sign area allocation
Not permitted
Limited to the number of windows and total sign area allocation
Individual Sign Area Limitations
Awning/Canopy/Marquee
50 s.f. per sign face, and <20% of the awning/canopy
Not permitted
50 s.f. per sign face, and <20% of the awning/canopy
Box
No new box signs permitted5
Drive-thru
Not permitted
15 s.f.
Not permitted
15 s.f.
Electronic Message Center/Manual Changeable Copy
Not permitted
Projecting
1 story: 6 s.f.
Over 2 stories: Additional 10 s.f. per story, up to a total of 36 s.f.
Wall
100 s.f. per sign or 10% of the wall face, whichever is less
16 s.f.
100 s.f. per sign or 10% of the wall face, whichever is less
200 s.f. per sign or 20% of the wall face, whichever is less
Window
30% of the window area
Not permitted
30% of the window area
Illumination
All illuminated Signs
See Subsection R(1), Illumination of signs.
Additional Standards
All Sign Types
See Subsection S, Signs requiring a permit; type-specific standards.
Notes:
1.
Drive-thru signs, temporary signs, joint identification signs and signs allowed without permits shall not be counted toward the total sign area and number allowance permitted on a zoning lot.
2.
If a sign type is not specified, there is no maximum number of signs, subject to the total sign area allocation per zoning lot.
3.
Additional review is required when located within the Uptown Design Subdistrict of the Central Corridor Districts. Refer to § 340-5.9.
4.
If a sign type is not specified, there is no maximum number of signs, subject to the total sign area allocation per zoning lot.
5.
Secondary lines of text can be on a flat panel sign.
6.
Subject to UTC-2 standards when the UTC-1 District is across a public street from a UTC-2 District.
R. 
General standards. The following general standards shall apply to all signs, regardless of whether they require a permit or not.
(1) 
Illumination of signs. The following standards apply unless otherwise stated in Subsection O, Sign type specific standards:
(a) 
Location and design of light source. Whenever an external artificial light source is used for a sign, such source shall be located, shielded and directed so as not to produce glare onto any public street or any adjacent property.
(b) 
Level of illumination. All illuminated signs shall have an indirect or diffused light source and be designed so as not to produce glare onto public streets or adjacent property, thereby creating a nuisance or safety hazard.
(c) 
Flashing lights prohibited. Except for traffic control devices and public service signs when expressly permitted by this section, no flashing, blinking or intermittent lights shall be permitted. This provision shall not prevent the use of electronic message center signs operating in accordance with this chapter.
(d) 
Light fixture screening. Light fixtures placed along the base of the sign shall be screened from view by site grading or evergreen shrubs. No unscreened light sources are permitted. Temporary holiday displays that contain lights are exempt from these provisions.
(e) 
External illumination. External illumination shall be provided by steady, stationary light of reasonable intensity, directed solely at the sign and not producing glare onto any public street or any adjacent property.
(f) 
Internal illumination. Internal illumination shall be provided by interior lighting of reasonable intensity, with primary and secondary images lit or silhouetted (i.e., backlit) on an opaque background. The background of all signs must be opaque, excluding logos and borders.
(g) 
Signs without permits. Signs permitted without a permit in this section shall be illuminated only as permitted in that subsection.
(h) 
Signs in residential districts. May be illuminated by non-flashing direct or indirect illumination and shielded so that the source of light cannot be seen at any point within a residential district; may be erected along each street frontage.
(2) 
Landscaping. The base of all permanent ground signs shall be effectively landscaped and maintained in good condition at all times. The minimum landscaped area shall extend at least three feet beyond all sign faces or supporting structures in all directions. Exposed foundations must be constructed with a finished material such as brick, stone, architectural metal or wood. Landscaping must be maintained in a manner that prevents the screening or blocking of addresses and other information provided on the monument sign. The sign owner shall be responsible for the submittal of a landscape plan that must be submitted at the time of applying for a sign permit. Landscaping must be installed within 12 months of sign installation and is the responsibility of the property owner.
(3) 
Electrical raceways and conduits. All wiring, fittings, and materials used in the construction, connection, and operation of electrically illuminated signs shall meet the following requirements:
(a) 
UL specifications. Any and all electrical signs shall be manufactured to meet UL specifications and be labeled with a UL listing mark. Equivalent specifications may be accepted as approved by the Building Official.
(b) 
City Building and Electric Codes. Electric signs shall meet all the requirements of the City Building and Electric Codes.
(4) 
Structural elements. The construction and structural components of all signs shall be in accordance with the standards and regulations of the Code of Ordinances. All permanent signs shall be constructed of fire-resistant materials and shall be capable of withstanding wind pressures of at least an 80-mile-per-hour wind load and of receiving dead loads based on the actual weight of the structure.
(5) 
Obstruction of accessways. No sign or sign structure shall obstruct free ingress to or egress from a fire escape, door, window or other required accessway.
(6) 
Obstruction of window surface. No sign shall project over, occupy or obstruct any window surface required for light or ventilation by any applicable provision of the Code of Ordinances.
(7) 
Traffic safety.
(a) 
Confusion with traffic signals. No sign shall be maintained at any location where by reason of its position, size, shape, content, color or illumination it may obstruct, impair, obscure or interfere with the view of, or be confused with, any traffic control sign, sign or device, or where it may interfere with, mislead or confuse traffic.
(b) 
Corner visual clearance. No permanent or temporary sign, whether requiring a permit or not, shall be located within a corner visual clearance area defined in § 340-10.4, Corner visual clearance.
(8) 
Sign maintenance.
(a) 
The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including its illumination sources, in compliance with this Code and all applicable laws, in a safe and secure condition, and in a neat and orderly condition and good working order at all times, and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. The premises around signs shall be kept clean and free of all rubbish and weeds.
(b) 
The Zoning Official may inspect, from time to time as deemed necessary, each sign or supporting structure regulated by this chapter for the purpose of ascertaining whether it is secure or insecure, and whether it is in need of removal or repair.
S. 
Signs requiring a permit; Type-specific standards.
(1) 
Awning/canopy signs.
(a) 
All awning and canopy signs shall be at least eight feet above grade.
(b) 
Awning and canopy signs for individual tenants of a multi-tenant building shall be at the same height on the building to which they are affixed.
(c) 
In the U-1, U-2, UTC-1, UTR-1, and UTR-2 Districts, the sign may encroach over the build-to-line into the right-of-way by a maximum of:
[1] 
Front or side streets: eight feet, but no closer than two feet from the back of curb.
[2] 
Rear setback: five feet.
(d) 
In the BL, BC, BR, OS, M-1, and M-2 Districts, the sign may project up to eight feet from the building and extend into the building setback area.
(e) 
Internal illumination is not permitted except in the BL, BC, and BR Districts if the lighting system is encased or screened from view underneath. All other illumination must be a direct light source aimed at the exterior of the awning/canopy.
(2) 
Billboards. All such signs shall be displayed in the following manner:
(a) 
A billboard sign must be located at least 1,000 feet from any other billboard sign, including billboard signs located in adjacent jurisdictions.
(b) 
Shall be located a minimum of 60 feet from any on-premises freestanding sign on the same zoning lot. Said distance shall be measured from the nearest part of each sign.
(c) 
Shall not be permitted within 300 feet of any residentially zoned property, planned development zoned property, park, public or private school, church, cemetery or any officially designated local, state or federally designated historic property and/or district.
(d) 
One single-faced painted bulletin, poster panel display or electronic message center/manual changeable copy sign.
(e) 
A display of two poster panels placed side-by-side in a straight line.
(f) 
A double-faced display of painted bulletins, poster panels or electronic message center/manual changeable copy sign.
(g) 
Forming an angle of less than 45°, up to two side-by-side poster panels may be backed by the same or one painted bulletin, or one painted bulletin may be backed up by the same or a display of up to two side-by-side poster panels.
(h) 
No stacking of poster panels or painted bulletins in whatever manner shall be permitted.
(i) 
The exposed supports of billboard signs shall be covered and hidden from view of public rights-of-way. This regulation shall not apply when the road design, natural topography, buildings and other objects provide screening to the backs of any graphic.
(3) 
Box sign. Existing box signs:
(a) 
Shall maintain a height of at least three feet from grade.
(b) 
Project from the structure to which they are affixed no more than 18 inches.
(c) 
Internal illumination is permitted, subject to illumination standards in this section.
(4) 
Drive-thru sign.
(a) 
When attached to a structure, shall not project more than 18 inches from the structure.
(b) 
When freestanding, must be located within 10 feet of a drive-thru lane.
(c) 
Shall not be considered an electronic message center/manual changeable copy sign. The sign face is permitted to be a 100% digital display.
(5) 
Electronic message center/manual changeable copy signs.
(a) 
Shall not extend beyond the sign face of the monument sign or billboard within which such a sign is incorporated more than four inches.
(b) 
Shall adhere to all light screening requirements established in the Code of Ordinances.
(c) 
Copy shall not be changed more than once every eight seconds.
(d) 
Scrolling or video messages shall not be permitted.
(e) 
All electronic message centers used as changeable copy signs or reader boards shall be required to adjust in intensity related to ambient light levels via an automatic illumination dimmer that automatically adjusts the sign's brightness in direct correlation with ambient light conditions.
(6) 
Monument signs.
(a) 
A maximum two-foot architectural feature may be erected over the top of any monument sign in nonresidential/mixed-use districts and may exceed the maximum height limitations.
(b) 
Shall be backlit, directly lit or internally illuminated. Any direct light source shall be oriented so as to be directed away from the right-of-way and adjacent property.
(7) 
Projecting signs.
(a) 
The lowest portion of projecting signs shall be at least eight feet from grade and a distance not to exceed three feet from the wall to which they are attached.
(b) 
Shall not extend beyond the roofline or parapet of the building to which it is affixed.
(c) 
Projection over the public right-of-way is permitted within the U-1 and U-2 Zoning Districts.
(8) 
Sandwich board signs.
(a) 
Shall only be placed outside during business hours and removed during non-business hours.
(b) 
Shall not be illuminated.
(9) 
Wall sign.
(a) 
No wall sign shall be flat on the wall.
(b) 
Cloud cabinets or letters shall be individually affixed to walls, raceway cabinets, or backer boards of a building. Letters shall be no less than 1/4 inch in depth and can be recessed.
(c) 
Shall not extend beyond the roof line or parapet of the building to which it is affixed, or project more than 18 inches from the structure to which it is affixed. A sign can project up to 24 inches, subject to a conditional use permit.
(d) 
Shall not cover any historical architectural features of the building to which it is affixed. Architectural features shall include, but not be limited to, pediment, cornice, belt course, pier, windows, pilaster, roof, decorative stone or tile inlay, kick plate/bulkhead, raised or colored brick pattern and corbel.
(e) 
Shall not be affixed to HVAC screening, elevator overrun or other features protruding from the roof of the structure, with the exception of building parapets which have been designed and integrated into the building's architecture and which are in line with and not set back from the perimeter facade of the building.
(f) 
Shall be at least three feet above grade, measured from the bottom of the sign.
(g) 
Illumination for any wall sign mounted 30 feet or more above grade shall be internally or backlit.
(10) 
Window signs.
(a) 
Shall not block any window area required for light, ventilation or emergency exit by any applicable code.
(b) 
No such sign shall be illuminated.
T. 
Sign Master Plan. For projects with an overall site area of more than six acres, an applicant may submit a Sign Master Plan detailing the size, location, and design of all signs on the site. The Sign Master Plan may adjust the strict application of these standards but must clarify the exact nature of the adjustments. The City Council shall approve such a Sign Master Plan after review and recommendation by the Planning and Zoning Commission. This review follows the same process as the review of a Planned Unit Development in Article VI.
U. 
Sign permit. Except as expressly provided in Subsections I and J of this section, no sign shall be erected, enlarged, expanded, altered, relocated or maintained unless a sign permit is issued evidencing the compliance of such work with the provisions of this section and other applicable provisions of this chapter; provided, however, that routine sign maintenance, changing of parts designed to be changed or changing the content of a sign in any manner does not change the functional classification of the sign and shall not, standing alone, be considered an alteration of the sign requiring the issuance of a sign permit hereunder.
(1) 
Sign contractor license.
(a) 
Every person, firm or corporation desiring to erect, install or repair signs for which permits are required shall apply to the Marion Planning and Development Department for a sign contractor's license and shall furnish the following:
[1] 
Name, address of the proprietor, president or the senior company officer in charge.
[2] 
Certificate of insurance to indemnify the contractor against any form of liability for the principal sum of not less than $250,000 liability to any one person and $500,000 personal injury liability on account of any one accident and $500,000 liability for property damage.
[3] 
As a condition to the issuance of a sign contractor's license as required by this section, every applicant shall agree to indemnify and hold harmless the City, its officers, agents and employees for any and all claims of negligence, damages, liability, judgments, costs or expenses that the City may incur or suffer resulting from the erection, alteration, relocation, maintenance or other work involving signs.
(b) 
Revocation of sign contractor's license. In case the holder of a sign contractor's license shall fail to comply with the requirements of this section, or with any notices from the City of Marion relative to improper construction or erection of any sign, the City shall notify the person or senior officer in charge of such firm or corporation to appear before the Zoning Official at a stated time and show cause why the license should not be revoked. Should such person not appear or show why their license should not be revoked, the Zoning Official shall take necessary action to cause the license to be revoked.
[1] 
The license shall be automatically cancelled upon the expiration or cancellation of the liability insurance policy required by this subsection.
[2] 
All licenses automatically expire one year following the date of issuance of the license or renewal of the same.
(c) 
Fees for license. The fee for the issuance of an initial sign contractor's license shall be established by City Council resolution.
(2) 
Additional application requirements.
(a) 
Every application for a sign permit shall be accompanied by:
[1] 
Plans and specifications showing the location of the sign on the lot or building face and the methods of construction, illumination and support of such sign;
[2] 
A scaled drawing showing sign faces, exposed surfaces and the proposed message and design, accurately represented as to size, area, proportion and color;
[3] 
A landscape plan showing plantings proposed for the area within three feet of the base of a monument sign per this section;
[4] 
Photographs of the street sides of the property in question, showing all existing signs on the property;
[5] 
A calculation of the total amount of sign area presently existing on the property;
[6] 
The applicant's attestation that the sum of the areas of the requested sign or signs and the existing signs does not exceed the maximum allowed by the provisions of this Code; and
(b) 
Sign installation and landscaping must be completed within one year following issuance of a sign permit.
(3) 
A separate electrical and/or building permit may be required in addition to the sign permit application for any signs requiring a footing and/or having an electrical component.
[Amended 12-5-2024 by Ord. No. 24-20; 6-19-2025 by Ord. No. 25-17]
A. 
Intent. These landscaping and screening regulations are intended to improve the physical appearance of the community; to improve the environmental performance of properties in Marion by contributing to the abatement of heat, glare and noise and by promoting natural percolation of stormwater; reducing the visual impact of parking lots, unsightly equipment or materials from the view of persons on the public streets or adjoining properties and buffering from uncomplementary land uses and by improving the quality of air, to buffer potentially incompatible land uses from one another and to conserve the value of property and neighborhoods within the City. The scale and nature of landscaping materials shall be appropriate to the size of the structures and the available space. Materials shall be located to avoid interference with overhead or underground utilities and utility easements or vehicular and pedestrian movement and visibility. Growth characteristics should be considered.
B. 
Applicability. Landscaping and buffering standards shall apply to development within the MR-1 and MR-2 Zoning Districts. The standards shall also apply to all Office Districts, all Business Districts, all Manufacturing Districts, the Public Institutional District, and Central Corridor Districts (except the U-1 or except the UTR-1 and UTR-2 when the use is one-unit or two-unit residential). Parking lot landscaping and street front landscaping shall be required of any development with off-street parking areas, except one-unit or two-unit residential development or development located in the U-1 Zoning District. The landscaping and screening requirements standards shall apply to:
(1) 
New development, including principal and accessory structures on property located within the districts listed in this section.
(2) 
Reconstruction of parking lots with 40 or more parking spaces.
(3) 
Expansion of an existing parking lot by 12 or more parking spaces or expansion of a parking lot were any new parking spaces are adjacent to the public right-or-way or required buffer yard.
(4) 
Expansion and major renovation of an existing building that includes significant site modification as determined by the Planning and Development Division within the Community Development Department based on site conditions and improvements. Major renovation will generally increase the assessed valuation of the subject property by at least 50%. In the event that the property owner or developer does not agree with the Community Development Department determination regarding the applicability of the standards, an appeal to that determination may be filed for review by the Zoning Board of Adjustment.
(5) 
The landscaping and screening requirements shall not apply to golf course, park, cemetery and nursery developments.
C. 
Applicability of and exceptions to landscaping and screening elements. The landscaping and screening requirements include a number of design elements as identified in this section. These elements will have varying applicability depending on the zoning district and adjoining land uses. For the purpose of this section, undeveloped properties shall be considered based on their expected use based on the Future Land Use Map of the Marion Comprehensive Plan.
Table 8.4-1
Applicability of Landscaping Standards
Design Elements
Applicable Districts
Street trees
Street trees are not permitted in any zoning district except by appeal to the Marion Tree Board.
Street front landscaping
Multiple-Family, Office/Service, Business, Manufacturing, Public Institutional and Central Corridor Districts (except U-1 and U-2 when a building is built to the BTL, or UTR-1 and UTR-2 when the use is one-unit or two-unit residential)
Parking lot landscaping
Multiple-Family, Office/Service, Business, Manufacturing, Public Institutional and Central Corridor Districts (except U-1 or UTR-1 and UTR-2 when the use is one-unit or two-unit residential)
Buffer yards
See Matrix below.
Table 8.4-2
Buffer Yard Matrix
(X denotes required buffer yard)
Adjoining District
District*
Single-/Two-Family
Multiple-Family
Office/ Service
Business
Manufacturing
Central Corridor
Single-/two-family
Multiple-family
X
Office/service
X
X
Business
X
X
X
Manufacturing
X
X
X
X
X
Central Corridor (except U-1, U-2, and UTR-1 or UTR-2 when one-unit or two-unit residential)
X
X
X
X
Notes:
*
"District" shall mean areas zoned, developed or designated for such use under the Future Land Use Map of the Marion Comprehensive Plan.
D. 
Definitions. The following definitions shall be used for terms contained within this section:
BERM
A mound or embankment of earth, usually two feet to six feet in height, designed to provide visual interest on a site, or to screen, shield or buffer properties from undesirable views, reduce noise or fulfill other such purposes from adjoining uses or roadways.
BUFFER YARD
A landscaped area along lot lines provided to separate and partially obstruct the view of two adjacent land uses or properties from one another. No structures except fences shall be allowed in the buffer yard.
DECIDUOUS OVERSTORY TREE
A shade-producing woody plant having a mature height and spread of at least 30 feet with one well-defined trunk having no branches at or near the base.
DECIDUOUS SHRUBS
Woody plants that range from three feet to 15 feet tall at maturity and often are multi-stemmed with low branching.
DECIDUOUS UNDERSTORY TREE
A woody plant at least 15 feet tall at maturity with one or more well-defined trunks.
EVERGREEN/CONIFER SHRUB
A woody plant having green needle-like foliage throughout the year and ranging from three feet to 15 feet tall at maturity and often are multi-stemmed with low branching.
EVERGREEN/CONIFER TREE
An upright, cone-bearing plant having green needle-like foliage throughout the year and at least 15 feet at maturity.
LANDSCAPED AREA
The area within the boundaries of a given lot consisting primarily of plant material, including but not limited to grass, trees, shrubs, flowers, vines, ground cover and other organic plant materials. Inorganic materials, such as brick, stone or aggregate, may be used within landscaped areas as identified in this section.
LANDSCAPING PLAN
A plan containing the information provided for in Subsection E(1).
MINIMUM STREET LANDSCAPING
The minimum landscaped area which must be provided in a street yard, expressed as a percent of the total area contained within that street yard.
STREET YARD (STREET FRONTAGE)
A contiguous area along the street right-of-way.
VEHICULAR USE AREA (PARKING AREA)
All areas subject to vehicular traffic, including but not limited to accessways, driveways, loading areas, service areas and parking stalls for all types of vehicles. This definition shall not apply to covered parking structures, underground parking lots or public streets.
E. 
General requirements. Landscaping and screening requirements shall be subject to the following general requirements:
(1) 
Landscaping plans shall be provided for each phase of the development review and building permit processes. The detail and extent of such plans shall include detailed landscape plans provided with the building permit. At a minimum the landscaping plan shall require the following:
(a) 
The applicant's name and address and interest in the property.
(b) 
The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the plan.
(c) 
The street address and legal description of the property.
(d) 
Title, scale, North marker and date.
(e) 
Zoning classification of site and all adjoining property(s).
(f) 
All lot lines, easements and rights-of-way.
(g) 
All surrounding roads, including names.
(h) 
The total square footage of the vehicle use areas and the street yard.
(i) 
Location, scientific name, common name, quantity and size of all existing plant materials and designation of all vegetation to remain and/or be removed.
(j) 
Proposed landscaped planting by location, scientific name and common name, planting size and planting method. A plant list should be provided listing this information and keyed to plant location on the plan.
(k) 
All existing and proposed drainage and detention areas.
(l) 
Designation of area(s) to be used for snow storage.
(m) 
Such other information or documentation as the Zoning Official may deem necessary to allow a full and proper consideration and disposition of the particular plan.
(2) 
Landscaping shall be provided within the minimum setback area along street frontages as provided in this section.
(3) 
Buffer yards between various types of land use and residential areas, both existing and planned, shall include a variety of planting types in a combination to provide effective buffering with consideration of existing topography and site conditions. The proposed plan for said design elements shall be reviewed by the Community Development Department to determine consistency with the provision of this section. Placement of trees and shrubs shall be designed to meet City requirements regarding minimum sight lines from driveways and intersections, proximity to utility lines and underground utility easements. These factors shall be addressed by the Marion Engineering and Community Development Department as part of the landscape plan review.
(4) 
Landscaping plans provided for construction shall identify the minimum size and number of required trees, shrubs and provisions for living ground cover such as grass. Nonliving ground cover, such as rock and walk-on bark, that does not exceed 25% of the overall planting area may be used. Impervious materials, such as concrete or asphalt paving, shall not be used within required landscaping areas, with the exception of sidewalk areas or edging.
(5) 
Existing appropriate mature trees and vegetation shall be incorporated into overall site design when located within required landscaping areas and shall count towards meeting the requirements of this section. Credit for existing mature trees shall be given if:
(a) 
Condition of existing landscaping. Existing landscaping is eligible for credit only if it is healthy and in good structural condition; it is not an invasive species as determined by the City; and it is located outside of the right-of-way, within the area where the credit will be applied, and situated such that it will contribute to the purpose of the landscape area to which it is credited.
(b) 
Tree size. Credit shall be given for preserved trees as follows, measured as the diameter of the tree at breast height. Preserved tree diameter:
[1] 
More than 24 inches: four trees.
[2] 
12 to 24 inches: three trees.
[3] 
Four to 12 inches: two trees.
[4] 
Under four inches: one tree.
(c) 
Other preserved landscaping. Other qualifying landscaping shall be credited against planting requirements on a one-to-one basis in the same category of plant material. For example, the preservation of one existing shrub reduces the planting requirement for the area where the shrub is located by one shrub.
F. 
Street trees and ground cover.
(1) 
No trees are permitted to be located within the public street right-of-way without obtaining approval from the Marion Tree Board per the requirements of Chapter 297, Trees, § 297-4H. The location, size and number of trees within the right-of-way is to be determined by the Tree Board at time of appeal.
(2) 
Living ground cover, such as grass, shall be provided within right-of-way areas of all districts. Nonliving materials (such as walk-on bark, mulch and ornamental rock) may be used for up to 25% of the right-of-way, exclusive of access.
G. 
Street front landscaping. All areas adjoining public or private street frontage shall be landscaped to include trees, shrubs and living ground cover as required by this section. Landscape areas between the public or private street and parking areas are strongly encouraged to include mounding to enhance the screening of vehicles from the street when determined by the Engineering Department the mounding will not negatively affect stormwater management. For the purpose of this section, said street front landscape depth of the Central Corridor, except the U-1 and U-2 Districts, Business, Office, Manufacturing and Public Institutional Zoning Districts shall average at least 15 feet along street frontages and 10 feet along street side frontages. Double-frontage lots shall maintain a minimum street front landscape depth of five feet. Landscape depth for Multiple-Family and Office Districts shall comply with the underlying setback required under the zoning district. Street front landscaping shall include all areas along public or private street frontage, public or private street side setbacks and setbacks along other property lines bordering a public or private side setback, and setbacks along other property lines bordering a public or private street. For lots having a depth of less than 150 feet and a total area not exceeding 20,000 square feet, the minimum street frontage landscape depth shall be at least five feet.
(1) 
Landscaping shall comply with the general standards indicated below. It is intended that the standards shall provide landscape design flexibility in plant selection while still meeting the objectives of this section.
(2) 
Trees. Street frontage trees shall be provided at a rate of one tree per 40 feet of frontage, excluding driveway openings. A minimum of 50% of the required trees shall be at least 1 1/2-inch-diameter shade trees at planting. The remaining trees may be any combination, at least 1 1/2-inch flowering trees and/or six-foot-high evergreen trees at planting. Street frontage trees shall not be required for lots having a depth of less than 150 feet and an area not exceeding 20,000 square feet.
(3) 
Shrubs: six per 1,000 square feet of planting area where parking does not adjoin street, and sufficient shrubs to provide 66% screening to a height of three feet where parking adjoins a street. Up to 20% of the required shrubs may be replaced by ornamental grasses or perennial flowers at a rate of four such plants per shrub replaced.
(4) 
Ground cover. Living ground cover, such as grass, shall be provided within all required street frontage landscaped areas. Nonliving materials (such as walk-on bark, mulch and ornamental rock) may be used for up to 25% of the landscaped area.
(5) 
The specific location of trees and landscaping within the required setback area shall be approved by the Community Development Department based on site characteristics.
(6) 
Mounding, not exceeding one foot in height for every three feet of depth, is strongly encouraged to screen vehicles for street frontages adjoining parking lots with a depth of 10 feet or greater or a depth determined by the Engineering Department to allow adequate stormwater management.
H. 
Parking lot landscaping. All parking lots shall include landscaping and trees located within the parking area as required by this subsection. Trees required by this subsection shall be in addition to trees and landscaping required under other subsections of this § 340-8.4. It is the objective of this subsection to provide shade within parking areas and break up large expanses of parking lot pavement.
(1) 
Trees at a rate of one tree per 12 parking spaces shall be provided for all parking lot areas. Required parking area trees shall be large shade tree varieties and have a minimum 1.5-inch-diameter at breast height at the time of planting.
(2) 
For parking lot areas having 25 or more spaces, such trees shall be located in protected landscape areas within the parking lot, with the provision that up to 15% of the required trees may be located within 10 feet of the parking lot perimeter. Protected landscape areas shall be at least 162 square feet in area with a permeable surface and protected by a curb, which may include breaks to allow for stormwater flows into recessed landscape areas for detention and/or treatment. The location of the landscaped areas shall be approved by the Community Development Department to ensure viability of the planting and protection from damage by vehicles while also meeting the objectives of this section.
(3) 
For parking lot areas with 40 or more spaces, a continuous planter, including trees, shall be provided for every fourth parking bay. Said continuous planter shall be protected by a curb, which may include breaks to allow for stormwater flows into recessed landscape areas for detention and/or treatment, and include large shade trees planted no closer than twenty-foot centers. The width shall be at least six feet. The design of said continuous planter shall be approved by the Community Development Department to ensure viability of the planting and protection from damage by vehicles.
(4) 
Planter areas shall be a minimum width of six feet, measured from the inside of the protective curbing. These areas may be widened to accommodate head-in parking with a thirty-inch vehicle overhang into the planter area so long as the required six-foot minimum width for the tree planting is maintained.
I. 
Buffer yards. Yards separating multi-unit, office, commercial and industrial development closer than 100 feet to zoning districts where a buffer yard is required by this section shall provide an effective buffer as indicated in this subsection. It is the objective of the buffer yard to lessen, rather than completely eliminate, land use conflicts between such uses. It is not expected that buffer yards will totally screen such uses. It is expected that the buffer yard design elements identified below will provide immediate lessening of land use conflicts and such buffering will be enhanced over time as landscaping matures. Buffer yards may include a combination of elements, including setback distances as separation, tree and shrubs, solid fencing and/or berming. It is encouraged that existing topography and vegetation be included in the design of the buffer yard as approved by the Community Development Department. Retention of existing matures trees is required as set out in Subsection E(5) in meeting the requirements of this subsection. The standards provided in the buffer yard options identified below may be used in combination to meet the intent of this subsection.
(1) 
Rear buffer yards shall have a minimum depth of 15 feet and include one of the buffer types identified below.
(a) 
Natural buffers: four evergreen variety trees, two flowering variety trees and 10 shrubs per 100 feet of linear distance (evergreen shrubs to be spaced at five feet on center with a minimum mature height of five feet) or 15 feet large deciduous shrubs per 100 feet of linear distance planted in a staggered double row.
(b) 
Structural buffers: solid six-foot-high wall or fence with two evergreen variety trees, two flowering variety trees and five large shrubs per 100 feet of linear distance planted on the side of the fence facing the less intense zoning district.
(c) 
Earthen berm buffer: berming not to exceed a 1:3 slope, two evergreen variety trees, two flowering variety trees per 100 feet of linear distance and sufficient evergreen shrubs with a combined height (berm and mature shrub) of five feet to form a continuous screen within three years of planting and/or sufficient deciduous shrubs with a combined height of five feet to form a continuous screening within three years of planting.
(d) 
Combined structural and natural buffer: Where landscape pockets 12 feet wide by four feet deep are provided at forty-foot minimum intervals along a wall or fence used for screening.
(2) 
Side buffer yards shall have a minimum depth of 15 feet and include at least one of the buffer types identified below.
(a) 
Natural buffer, evergreen: four evergreen variety trees, two flowering variety trees and 10 evergreen shrubs per 100 feet of linear distance.
(b) 
Natural buffer, deciduous: four deciduous variety trees, two flowering variety trees and 15 large shrubs per 100 feet of linear distance.
(c) 
Structural buffers: solid six-foot-high wall or fence with two flowering trees and five large shrubs per 100 feet of linear distance planted on the side of the fence facing the less intense zoning district.
J. 
Additional landscaping/screening requirements. Landscape and building elements shall be used to screen areas of low visual interest or visually intrusive site elements (such as trash collection, open storage, service areas, loading docks and blank walls) from off-site view. Such screening shall be established on all sides of such elements except where an opening is required for access. If access is possible only on a side that is visible from a public street or residential district, a removable or operable screen shall be required.
(1) 
Screening of ground-mounted mechanical units. For all uses, except any individual lot occupied by a one-unit, two-unit or three-unit dwelling, all ground-mounted mechanical units, including but not limited to air-conditioning condensers, heat pumps, ventilation units, computer cooling equipment, etc., and any related utility structures and equipment, that are visible from any adjacent public thoroughfare shall be visibly screened from public view. The screen shall be designed and established so that the area or element being screened is no more than 20% visible through the screen.
(2) 
Screening of roof-mounted mechanical units. All roof-mounted mechanical units shall be screened from adjacent public thoroughfares by the use of an opaque screening material compatible with the architecture of the building or architecturally designed screening such as a parapet wall. The screening of the roof-mounted units shall be designed to blend with the building and roof materials. Additional screening may be required due to topographic differences in the adjoining properties.
(3) 
Screening of trash receptacles. For all uses, except any individual lot occupied by a one-unit, two-unit or three-unit dwelling, using a common trash receptacle and all nonresidential uses:
(a) 
Solid material screening or full screening landscaping on three sides to a height that screens the containers, typically six feet. Materials that are not solid, such as slates in chain link, shall not be used to meet this requirement.
(b) 
Enclosure openings directly visible from a public right-of-way and/or adjoining residential areas shall have a solid material gate. For larger enclosure areas a separate gate access is encouraged.
(c) 
Access drives shall be constructed of material and thickness to accommodate truck loading. Year-round accessibility to the enclosure area for service trucks shall be maintained by the property owner or tenant.
(d) 
Enclosures shall be of an adequate size to accommodate expected containers. It is encouraged to design the enclosure area to be expandable to accommodate future additional containers.
(e) 
Enclosure structures shall be designed to protect the walls from damage by containers. Such protection may be provided by use of barrier curbing, reinforced masonry walls or other similar means.
(f) 
Materials and elevations for enclosures that are attached to buildings shall be designed to be compatible with the main structure.
(g) 
If enclosures are to be attached to buildings they shall comply with applicable fire and building codes.
(h) 
Trash enclosures shall not be located within required street front or street side setbacks or occupy area used for required parking spaces.
K. 
Administrative requirements.
(1) 
Previously approved site plans. Any site plan or landscaping plan approved by the Community Development Department prior to the effective date of the ordinance codified in this section shall remain enforceable and in force.
(2) 
Installation. All landscaping required by this section shall be installed prior to occupancy or commencement of a use. If the landscaping cannot be installed prior to occupancy or commencement of a use because of climatic conditions, the Building Official may issue a temporary certificate of occupancy and grant a delay of landscaping installation until the calendar date of June 1 immediately following the date of said temporary certificate of occupancy.
(3) 
Maintenance of required landscaping. Trees and vegetation, irrigation systems, fences, walls and other landscaping elements shall be considered as elements of the project in the same manner as parking, building materials and other site details. The applicant, landowner or successors in interest shall be responsible for the regular maintenance of all landscaping elements in good condition. All landscaping shall be maintained free from disease; pests, weeds and litter; and all landscape structures such as fences and walls shall be repaired and replaced periodically to maintain a structurally sound condition in order to maintain the required landscaping of the site.
(4) 
Rights-of-way, easements and drainage. Required landscaping shall not disturb drainage systems or be placed upon easements or rights-of-way.
L. 
Changes to approved landscape plan. The landscaping shall be installed and maintained according to the approved landscape plan, except where authorized changes are permitted. The approved landscape plan and supporting data shall be binding on the applicants, their successors and grantees.
Outdoor refuse dumpsters, recycling containers, compacting equipment, pallet storage, baled cardboard and other refuse and recycling materials are permitted as an accessory use in any zoning district, provided that they are screened in accordance with § 340-8.4.