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§ 152.128 VIOLATIONS.
   (A)   Failure to comply. Failure to comply with the terms of this subchapter shall be punishable in the same manner and method as any other violation of the zoning ordinance.
   (B)   Subject to removal. A home, sited upon property in violation of this subchapter, shall be subject to removal from such property. However, the homeowner must be given a reasonable opportunity to bring the property in compliance before action for removal can be taken. If action is finally taken by the appropriate authority to bring the property into compliance, the expenses involved may be made a lien against the property.
   (C)   Removal method. The Planning Commission or its designated agent may initiate a suit in an appropriate court for injunctive relief to cause such violation to be prevented, abated or removed.
(Ord. 91-11, passed 7-1-91)
SIGNS
§ 152.140 INTENT.
   The intent of this subchapter is to allow adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of all signs to ensure the protection of property values, the character of various neighborhoods, the creation of a convenient, attractive and harmonious community, and encouraging economic development. Signs obstruct views, distract motorists, and pose other problems that call for regulation. This subchapter must be interpreted in a manner consistent with the First Amendment guarantee of free speech.
(Ord. 2017-13, passed 12-4-17)
§ 152.141 GENERAL PROVISIONS.
   (A)   No sign shall be permitted or placed in any district except as described in this subchapter.
   (B)   No sign shall obstruct vehicular driver viewing for safe passage or ingress and egress of vehicular traffic on public roadways.
   (C)   All signs shall comply with applicable provisions of the Uniform Building Code and the Electrical Code of the city at all times.
   (D)   Sign content shall not contain language or symbols that can reasonably been seen as potentially harming the community image, and or would impair future economic development efforts.
   (E)   Sign illumination or lighting device, when permitted, shall only employ light which emits illumination of constant intensity changing no more than one time per eight seconds, nor shall any sign be illuminated by or contain flashing, intermittent, rotating, or moving lights. In no event, shall such devices be placed or directed so as to directly beam upon a public road, highway, street, sidewalk, other vehicular or pedestrian system, or adjacent premises so as to cause glare or reflection that may constitute a hazard or nuisance nor have a night-time brightness level greater than 0.3 footcandles above ambient lighting.
   (F)   Freestanding signs shall be five feet outside the public right-of-way and public easement, unless otherwise stated. In cases where a road may not have a dedicated right-of-way the sign must be placed a minimum of 30 feet from the centerline of the road.
   (G)   Signs shall not be placed in any public right-of-way, except publicly owned signs, without obtaining an encroachment permit.
   (H)   Sign types not specifically recognized in this chapter that are similar in type to another type specifically described may be allowed in accordance with such like type with approval from the planning director or designee.
   (I)   Signs shall be maintained in a safe, legible condition, nor be in a state of disrepair.
      (1)   Disrepair shall include, but not be limited to, burned out lights, broken sign faces or sign structures, peeling paint, and weathered or discolored sign faces or structures.
      (2)   Sign face messages must be removed from an abandoned sign if a location has been out of business or abandoned for six months or more; however, the sign structure may remain for an additional six months if the property owner is actively pursuing a new tenant or buyer.
      (3)   Landscaping around ground signs shall be maintained.
   (J)   Signs not installed in accordance with this subchapter shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.
(Ord. 2017-13, passed 12-4-17)
§ 152.142 EXEMPT SIGNS.
   The following signs are exempted from obtaining a sign permit as described in § 151.146, but must be established and maintained in accordance with this subchapter as to not cause safety hazards.
   (A)   The replacement of a panel or display message on an approved sign, involving no changes to approved size, location, or lighting.
   (B)   Painting, repainting, cleaning, or other normal maintenance and repair of an existing sign or sign structure, unless a structural change is involved;
      (1)   General maintenance does not include redesigning such sign.
   (C)   Window signs covering not more than 30% of the window area.
      (1)   Only neon or external illumination shall be permitted.
   (D)   Non-illuminated temporary noncommercial signage per tenant for a period not to exceed 45 consecutive days. A 90-day period must expire before such sign can be reestablished.
      (1)   Sign shall be limited to either one sign that is 16 square feet in area or two signs not exceeding 16 square feet in combined area.
      (2)   Sign shall not be greater than five feet above the grade level of the adjacent street to which the sign is located or four feet above ground level, whichever is greater.
   (E)   Property actively for sale or for lease is permitted one sign per road frontage. Such property must be offered for sale or lease through a licensed real estate agent or through advertising in a local newspaper of general circulation.
      (1)   Residential zoning districts shall be permitted 6 square feet for contiguous parcels on less than 100 feet of road frontage and 20 square feet on contiguous parcels with greater than 100 feet of road frontage.
      (2)   Business and manufacture zoning districts shall be permitted 20 square feet of sign area when not adjoining a highway and 32 square feet when adjoining a highway, but at no time exceed two signs.
      (3)   Signs shall not exceed a maximum height of 5 feet for contiguous parcels containing less than 100 feet of road frontage and a height of eight feet for contiguous parcels containing more than 100 feet of road frontage.
      (4)   No more than one sign shall be permitted per street frontage and shall be at least 15 feet from the intersection corner.
      (5)   For through lots (fronting on two parallel streets), two signs may not face the same street.
      (6)   Illumination is not permitted.
      (7)   Sign must be removed 15 days after the date of on which a contract of sale has been executed.
   (F)   On-premise incidental signs not exceeding six square feet of area, or four feet in height. Such sign shall not contain any logos, and only give information or direction for the convenience and necessity of the public such as "entrance," "exit," "no admittance," "parking," and "123 Main St.".
      (1)   Each property must be marked using numerals that identify the address of the property so that public safety departments can easily identify the address from the public street.
      (2)   A directional sign shall be permitted near each entrance of a business or manufacture zoned property.
      (3)   Standard traffic directional signs, such as STOP and Yield signs, shall comply with the "Manual for Uniform Traffic Control Devices".
   (G)   Government signs.
   (H)   Flags which are fastened to poles and setback a minimum of ten feet from the public right-of-way and property lines.
      (1)   Up to three flag poles containing no more than two flags per pole.
         (a)   Residential zoned properties are permitted a flagpole height of 25 feet and 40 square feet of total flag area.
         (b)   Nonresidential zoned properties are permitted a flagpole height of 70 feet and 216 square feet of total flag area.
   (I)   Election signs that are not detrimental to public safety are permitted beginning 60 days before an election and ending the sixth day after the election if the surface area of the sign is not greater than 32 square feet, pursuant to IC 36-1 -3-11.
      (1)   Only the surface area of one of the faces is considered for signs consisting of two faces, if both of the following apply:
         (a)   The faces are mounted back to back.
         (b)   The measure of the angle between the faces is not more than 15 degrees.
   (J)   Umbrella signs of three square feet or less.
   (K)   Interior signs located in a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line on which such sign is located.
   (L)   Miniscule messages displayed on or near a primary entrance.
      (1)   Sign shall not exceed 30 square inches nor shall the cumulative area of all miniscule messages exceed 288 square inches per primary entrance. Examples include "Visa", "ATM", and corporate logos.
   (M)   A work of art for the expression of a message which is political, religious, or pertaining to a view, expression, opinion, or idea that contains no reference to the endorsement, advertising of, or promotion of patronage of a business, commodity, service, entertainment, or attraction that is sold, offered, or existing.
      (1)   Murals that contain a commercial message shall be regulated as a wall sign. Only areas of the mural that provide a commercial message will be subject to wall sign square footage standards, and shall be computed by means of the smallest rectangle that will encompass the extreme limits of the commercial message.
   (N)   Holiday lights and decorations containing no commercial message.
(Ord. 2017-13, passed 12-4-17)
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