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§ 152.077  SWIMMING POOLS.
   Swimming pools in residence districts may be installed only as accessory to a dwelling for the private use of the owners and occupants of such dwelling and their families and guests, or as accessory to a nursery school or day camp for children, and only on the conditions as follows:
   (A)   Such pool shall be installed in the rear yard of the premises;
   (B)   There shall be erected and maintained at minimum a good quality fence not less than five feet in height, with posts imbedded to concrete, enclosing the entire portion of the premises upon which such pool shall be installed and entirely surrounding the area in which such pool is located;
   (C)   Every gate or other opening in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool;
   (D)   Such pool shall not be erected closer than four feet from the rear and side property lines of the premises, or, in the case of a corner lot, closer than ten feet from the required setback;
   (E)   Such pool shall not occupy more than 40% of the area of the rear yard excluding all garages or other accessory structures located in such area;
   (F)   If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system;
   (G)   If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool;
   (H)   Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the Indiana State Sanitary Code relating to public swimming pools; and
   (I)   No public address system device which can be heard beyond the property lines of the premises on which any swimming pool has been installed may be operated in connection with such pool, nor may any lighting be installed in connection therewith which shall create glare beyond such property lines.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
SIGNS AND OUTDOOR ADVERTISING
§ 152.090  PURPOSE.
   (A)   The purpose of this subchapter is to promote and protect the public health, welfare, and safety of the community and its people by regulating existing and proposed outdoor advertising and outdoor signs of all types.
   (B)   This subchapter is also intended to protect property values, create a more attractive and economically vital business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty, and to provide more enjoyable and pleasant living conditions. The intent of this section is also to reduce the incidence of signs or advertising distractions which may contribute to traffic accidents by their placement.
(Ord. 1991-07, passed 1-7-1991)
§ 152.091  GENERAL DEFINITIONS AND PROVISIONS CONCERNING SIGNS.
   (A)   General definition. Hereafter a general definition of a SIGN shall mean an identification, description, illustration, or device which is mobile, affixed to, or erected upon, a property or tract of land, a building or a structure, and which directs attention to a product, place, activity, service, institution, or business. All supports, poles, wires, and other sign apparatus shall be defined as part of a sign, and hereafter referred to as sign apparatus.
   (B)   Existing signs - conforming.
      (1)   Definition.  A CONFORMING SIGN is a sign which meets the provisions established in this chapter.
      (2)   Provisions
         (a)   The lawful location and maintenance of conforming signs existing at the time of the enactment of this chapter and any amendments thereof may be continued provided that the following conditions are met:
            1.   That the existing sign is not expanded or reduced in size, or relocated in such a manner that would make said existing sign unlawful;
            2.   That no additional signs are placed on the same sign apparatus, upon which said existing sign is located,  in such a manner that would make said existing sign or sign apparatus unlawful; and
            3.   That an approved sign permit was obtained for said existing sign.
         (b)   When changes to an existing conforming sign are necessary, no existing sign shall be expanded or reduced in size, or relocated without first obtaining an approved sign permit from the Plan Commission.
   (C)   Existing signs - non-conforming.
      (1)   Definition.  A NON-CONFORMING SIGN is a sign which does not meet the provisions established in this chapter.
      (2)   Provisions.
         (a)   The lawful use of a non-conforming sign, existing at the time of the enactment of this chapter and any amendments thereof, may be continued provided that the following conditions are met:
            1.   That said existing sign is not expanded in size, or relocated, unless such expansion or relocation brings the sign into conformity with this chapter;
            2.   That no additional signs are placed on the same sign apparatus upon which said existing sign is located; and
            3.   That said existing sign is not located within the proposed or existing right-of-way as designated by the Official Thoroughfare - Plan City of Austin.
         (b)   When changes to an existing non-conforming sign are necessary to bring the sign into conformity, no said existing sign shall be expanded in size, or relocated, without first obtaining an approved sign permit from the Administrative Zoning Officer.
         (c)   Whenever any existing nonconforming sign shall become damaged, by any means, so as to cause a need to replace more than 50% of the sign and sign apparatus, said sign shall be repaired or reinstalled in compliance with the provisions of this subchapter, thereby creating a conforming sign.
         (d)   Except for ordinary maintenance, poster panel replacement, copy changes, or lettering or repair not involving structural material or electrical changes, no nonconforming outdoor advertising signs or part thereof shall be erected, altered, constructed, changed, converted, re-erected, additionally illuminated, reduced in size, enlarged, or moved unless the entire nonconforming outdoor advertising sign and structure is brought into conformance with the provisions of this chapter.
   (D)   Existing signs - deteriorated or inactive.
      (1)   Definitions.
         DETERIORATED. A sign that is in a poor or dangerous condition, such as, but not limited to, broken or leaning sign apparatus, portions of the sign missing, or chipping of paint.
         INACTIVE. A sign which no longer directs attention to a business, activity, service, or product sold or provided on the premises.
      (2)   Provisions.  When a sign has been deteriorated or inactive for a period of 30 days, the owner of the sign or the owner of the property upon which said sign is located, shall, upon written notice from the Administrative Zoning Officer, remove or repair said sign. The sign shall be removed or repaired within 30 days from the date of the notice sent to remove or repair the sign. Failure to comply with the order shall authorize said officer to initiate action for the removal of the deteriorated or inactive sign.
   (E)   Liability insurance. Any sign installing company which applies for a sign permit must have on file with the Building Commissioner’s office, a current certificate of liability insurance, covering bodily injuries, including death, with limits of not less than $100,000 for each person and $300,000 for each accident and $25,000 in property damage which said liability policy shall carry an endorsement saving
the city from any claims, demands, or causes of action resulting from, in any manner, the erection or installation of said sign by said sign installation company.
   (F)   Multiple frontages. Each side of a building or structure is to be considered separately for purposes of determining compliance with the provisions of this chapter.
   (G)   Multiple uses of a sign apparatus. When more than one sign is to be located, added to, or placed on the same sign apparatus as where previously erected signs exist, all signs, existing and proposed, must meet the provisions of this chapter prior to the issuance of any additional sign permit.
   (H)   Overall height. Notwithstanding the provisions of the chapter, no sign shall at any point be over 45 feet in height above grade level unless the sign is located on a building which has a maximum permitted building height greater than 45 feet.
   (I)   Rights-of-way. Notwithstanding the provisions of this chapter, no sign shall be located or maintained within the proposed or existing right-of-way of any street or highway, as designated by the Official Thoroughfare Plan of the city. Exceptions to this requirement includes a projecting sign, which may be located over public property, but shall not extend nearer to the curb line than five feet.
   (J)   Setbacks from residences and utilities.
      (1)   Notwithstanding the provisions of this subchapter, no sign allowable in nonresidential zones, excepting directional and warning signs, shall be located closer than 25 feet to a residence in a residence zone, a school, or a church.
      (2)   Notwithstanding the provisions of this subchapter, any outdoor advertising sign shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electrical Safety Code, provided that in no case shall an outdoor advertising sign be erected closer than ten feet horizontally or vertically from any conductor or public utility guide wire.
   (K)   Total number of on-premise signs per property. The total number of on-premise signs for a property having a commercial or industrial use located thereon shall be based on the following formula: Two on-premise signs per street frontage. However, where there are multiple uses on a single property, each occupant thereon is permitted a maximum of two on-premise signs.
   (L)   Repair and maintenance. In the event any sign becomes damaged so as to create a potential hazard to the public health, safety, and welfare and is in need of emergency repair and/or maintenance, all signs shall have the name of a contact person and a telephone number posted on the sign and/or sign apparatus, visible at all times. Such information shall also be provided as a part of the application record when obtaining any sign permit.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.092  PERMITTED SIGNS NOT REQUIRING A SIGN PERMIT ALLOWABLE IN ALL ZONING DISTRICTS.
   Permitted signs not requiring a sign permit allowable in all zoning districts are the following: directional or warning sign; political sign; public service sign; real estate sign; and real estate development sign.
   (A)   Directional or warning sign.
      (1)   Definition. Signs solely identifying situations of a directional, cautionary, or dangerous nature when public signs are not functional, such as, but not limited to, an entrance or exit sign.
      (2)   Provisions.  If illuminated, the light source shall not be directed toward any street or any adjoining property in a residence zone. Signs identifying ingress and egress points of a property shall be placed in such a manner as not to interfere with the visibility of motorists or pedestrians.
   (B)   Political sign.
      (1)   Definition. A sign relating to the election of a person to public office, to a political party or group, or to a matter to be voted upon at an election called by a public body.
      (2)   Provisions. A political sign shall be removed within ten days following the election. A winning candidate in a primary election may maintain his/her sign until ten (10) days following the general election.  The person responsible for the removal of a political sign is the owner of the property upon which said political sign is located. If such signs are not removed within the specified time period, the administrative zoning officer may initiate action for removal of said sign. Political signs installed on an easement or public utility pole shall be removed by the candidate or installer within ten days following an election. Signs should not be installed before 60 days prior to an election.
   (C)   Public service sign.
      (1)   Definition. A sign required or specifically authorized for a public purpose.
      (2)   Provisions. A public service sign can be any especially licensed sign, permitted by a legislative body, by franchise or by special license such as a sign on a bus, bench, or trash receptacle.  A public service sign may be a sign established by a public service agency as an aid to safety or service.  A public service sign can also be a governmental or traffic sign.
   (D)   Real estate sign.
      (1)   Definition.  A clearly temporary sign, pertaining only to the sale, lease, or rental of the premises upon which it is displayed.
      (2)   Provisions. A real estate sign shall not be illuminated and it shall be removed within ten days after the sale, lease, or rental of the property or premises.
   (E)   Real estate development sign.
      (1)   Definition. A business sign placed on the premises of a subdivision or other real estate development.
      (2)   Provisions.  In the case of a real estate development sign, no sign shall be closer to an existing building than 50 feet. In a development of less than one acre, or having a frontage under 400  feet on the street on which the sign is to be placed, the minimum distance to a residence in a residential zoning district, which is not part of the development shall be at least 50 feet. The maximum time for an individual sign to remain on the premises shall be 12 successive months. Signs shall be removed when the development is completed or if the same would cease.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.093  PERMITTED SIGNS REQUIRING A SIGN PERMIT ALLOWABLE IN ALL ZONING DISTRICTS.
   (A)   Home occupation sign.
      (1)   Definition.  A sign stating solely the name of a person and the name of the permitted home occupation.
      (2)   Provisions.  A home occupation sign shall be permitted only when the property has obtained a special use home occupation approval from the Board of Zoning Appeals. The maximum size shall be one square foot and it shall be placed flat against the residential structure. A home occupation sign shall not be illuminated in any manner. A sign permit shall be obtained prior to placement of a home occupation sign.
   (B)   Identification sign.
      (1)   Definition. An identification sign shall mean a ground or wall sign stating the name of a person, firm, or description of a permitted use.
      (2)   Provisions.  Signs may be used by professional, semi-professional, public, semi-public and religious institutions.  One sign shall be permitted for each building entrance. If illuminated, the light source shall not be directly visible from any street or adjoining property in a Residence Zone. A sign permit shall be obtained prior to placement of an identification sign.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.094  PERMITTED SIGNS REQUIRING A SIGN PERMIT ALLOWABLE IN NON-RESIDENTIAL ZONING DISTRICTS.
   Permitted signs requiring a sign permit allowable in non-residential zoning districts are the following: ground sign; off-premise sign; pole sign; projecting sign; roof sign; temporary sign; and wall sign.
   (A)   Ground sign.
      (1)   Definition. A low-profile, on-premise sign completely or principally self-supported by posts or other sign apparatus independent of any building or other structure. A portable sign, whether illuminated or not, shall be a ground sign.
      (2)   Provisions
         (a)   A ground sign shall not at any point be over three feet in height above grade level when such sign is located within five feet of the right-of-way line. When located five or more feet from the right-of-way line, no ground sign shall at any point be over eight feet in height above ground level.
         (b)   A ground sign shall not be closer than three feet to any building, or ten feet to any other sign. Lighting reflectors shall not be more than six feet away from the ground sign which they are designed to illuminate. A sign permit shall be obtained prior to the placement of a ground sign.
   (B)   Off-premise sign.
      (1)   Definition.  A sign which directs attention to a use, business, product, service, or activity not conducted, sold, or offered upon the premises where the sign is located.
      (2)   Provisions-general.  Off-premise signs shall have a six foot clearance beneath the sign board including cut-outs. Extensions allowed shall not exceed 200 square feet in area. Maximum extensions of cut-outs shall be: Above the sign board - six feet, below the sign board - one foot, and any sides of the sign board - three feet.  An off-premise sign shall be permitted within existing building lines.  A sign permit shall be obtained prior to the placement of an off-premise sign.
      (3)   Special provisions.
         (a)   Agriculture A Zoning District Exclusive. A minimum distance to another legally established off-premise sign shall be 500 feet between signs on the same side of any street or highway. An off-premise sign shall not be placed closer than 100 feet to the cross section of any intersection, railroad, on-grade crossing, or ingress-egress drive or entrance. An off-premise sign shall have a minimum side yard setback of three feet from the side property line and a minimum ten-foot setback from the right-of-way line of any street or highway. There shall not be more than two off-premise signs per one-half mile on the same side of any street or highway. There shall be a minimum distance of not less than 200 feet to any existing residence, church, school, or other facility of common human use.
         (b)   Non-Farm, Non-Residential Zones. Off-premise signs shall be prohibited in the following zones:  R-1 Residence, R-2 Residence, LBP Business & Professional Office, and MHR Mobile Home Residence Zones.
      (4)   Signs permitted. Off-premise signs may be permitted in the following zones provided the provisions of this chapter are met as well as all applicable building codes and permit regulations: A Agriculture, GBC Community  Business, Variety Business, IL Limited Industrial, IIM Intense Industrial, and AD Airport Development Zones.
      (5)   Number of signs. The number of off-premise signs shall be limited to not more than one such sign per 1000 feet, linear measure, on and along both sides of any street or highway. A minimum distance from one off-premise sign to another legally established off-premise sign shall be 1000 feet, linear measure, taken on and along the right-of-way lines on both sides of a street or highway.
      (6)   Maximum area. The maximum area of display surface per off-premise sign shall not exceed 300 square feet. Only single-faced back-to-back sign boards shall be permitted.
      (7)   Distance to right-of-way. An off-premise sign shall not be placed closer than ten feet to any right-of-way line of any street or highway carrying two lane traffic excluding turn lanes, acceleration/deceleration lanes, and passing blister. An off-premise sign shall not be placed closer than 25 feet to any right-of-way line of any street or highway carrying four lane traffic, excluding turn lanes, acceleration/deceleration lanes and passing blisters.
      (8)   Distance to residences, schools, churches and the like. There shall be a minimum distance of not less than 60 feet from an off-premise sign to any residence or to any residence zone. There shall be a minimum distance of not less than 200 feet from an off-premise sign to any school, church, or institution for human care.
      (9)   Map. The Plan Commission shall prepare and maintain a map indicating the location of all off-premise sign sites within the corporate limits of the city and the number of off-premise signs on each site. An off-premise sign site shall be that area described by legal description on the deed to the property as recorded in the Office of the County Recorder at the time of enactment of this amendment.
      (10)   Increase of sites. Based on the number of off-premise sign sites existing at the time of enactment of this amendment, the number of sites may be increased by 1% per year. The beginning one year period shall start from the date of passage of this amendment to December 31, 1991, with each successive one year period running from January 1, to December 31, thereafter.
      (11)   Existing off-premise sign sites. For off-premise sign sites in existence prior to this amendment, an off-premise sign permit may be issued provided that there shall be not more than one off-premise sign per site, that the site is vacated by the discontinuance and removal from the site of all off-premise signs, and that the off-premise sign and its location shall be in conformance with all applicable provisions of this chapter. Off-premise sign permits may be issued under this provision at any time as regulated.
      (12)   Off-premise signs created by growth rate. For off-premise sign sites created by the 1% growth rate, an off-premise sign permit may be issued provided that there shall be not more than one off-premise sign per site, that the off-premise sign and its location shall be in conformance with all applicable provisions of this chapter, and that there shall be not more than one permit issued within any ten-day period to an owner of an off-premise sign.  When the number of permits issued equal the number of newly created sites, no new permits shall be issued under this provision until the next one-year period begins.
   (C)   Pole signs.
      (1)   Definition.  A high-profile, on-premise sign completely or principally self-supported by posts or other sign apparatus independent of any building or other structure.
      (2)   Provisions.  A pole sign shall have a minimum clearance of ten feet between the bottom of the face of the sign and grade or sidewalk level. If the pole sign is supported by more than one pole, the space between the poles shall not be enclosed in a manner which would impair general public visibility. The maximum width of pole covers shall be the sum total of 18 inches in a horizontal direction, plus the width of the pole covered. No pole sign shall be erected in excess of 60 feet in vertical height or 300 square feet in area per side. All bolted installation to concrete bases must have ground rods. Once a pole sign becomes inactive, as defined in this chapter, the pole or sign apparatus must be removed along with the sign itself.  A sign permit shall be obtained prior to the placement of a pole sign.
   (D)   Projecting sign.
      (1)   Definition. An on-premise sign attached to a building or structure and extending wholly or partly beyond the surface of the portion of the building or structure to which it is attached; or extending beyond the building line; or over public property.
      (2)   Provisions.
         (a)   A projecting sign shall be placed at a distance not greater than two feet from the face of the wall to which it is attached, measured from the part of the sign nearest thereto. No projecting sign or part thereof shall extend nearer to the curb line than five feet, not be placed lower than ten feet above grade or sidewalk level. No projecting sign shall be erected to a height greater than 60 feet above grade or higher than the cornice of any building which is three stories or more in height, unless the same be entirely of steel skeleton construction and shall present only 40% of the solid surface area to be affected by wind pressure. No projecting sign shall be erected when the area of one face of the sign shall exceed 240 square feet in area. Any movable part of the sign shall have an area not to exceed 100 square feet for a vertical sign, or 50 square feet for a horizontal sign.
         (b)   No projecting sign shall be secured with wood, nails, or wire, unless with seven strand guy wire; nor shall any projecting sign be hung or secured to any other sign. Turnbuckles shall be placed in all chains and guy wires supporting projecting sign weighing 200 pounds or more. A projecting sign exceeding ten square feet in area or 50 pounds in weight shall not be attached to nor supported by frame buildings, nor wooden framework of a building. Other projecting signs shall be attached to masonry or, like walls, with galvanized expansion bolts at least three-eighths inch in diameter or shall be fixed in the wall by means of bolts extending through the wall. Projecting signs shall have no reflectors of the goose-neck type. No glass faces can be used in projecting signs, any other glass used shall be safety or plate glass at least one-quarter-inch in thickness. A sign permit shall be obtained prior to the placement of a projecting sign.
   (E)   Roof sign.
      (1)   Definition.  An on-premise sign erected, constructed, or maintained upon the roof of any building or structure.
      (2)   Provisions
         (a)   No roof sign shall project beyond the outer edge of the walls of the building in any direction. No roof sign having a tight, closed, or solid surface shall at any point be over 25 feet above the roof level.
         (b)   No roof sign with a tight, closed, or solid surface shall be erected on any building four  stories or over in height, but roof sign structures not having a tight, closed, or solid surface may be erected on fire-resistive buildings to a height not exceeding 40 feet above the roof level, and upon non-fire-resistive buildings to a height not exceeding 30 feet above the roof level. The solid portions of the structures shall not exceed 40% of the superficial area thereof. All signs which are erected on the roof of a fire-resistive building shall be thoroughly secured to the building upon which they are installed, erected, or constructed, by iron or metal anchors, bolts, supports, seven strand guy cable, steel rods, or braces. All roof signs erected on non-fire-resistive buildings shall be so erected that the live-and dead-load stresses shall not in any manner adversely affect the building. Wind pressures not less than 30 pounds to the square foot of the area of the sign must be withstood by said sign.
         (c)   All roof signs shall be composed entirely of non-combustible material, including sign apparatus and supports, except the ornamental molding and battens behind the steel facings. A sign permit shall be obtained prior to the placement of a roof sign.
   (F)   Temporary sign.
      (1)   Definition. A temporary sign shall mean any sign, sign board, banner, or lightweight advertising display of more than two feet in height, maintained for the purpose of displaying outdoor advertising by means of a reader board, permanently supported, anchored or attached to the ground or a building.
      (2)   Provisions.
         (a)   No temporary sign shall be maintained, displayed, or placed on a property for a period longer than 30 days after the issuance of the permit and 90 days must expire before the permittee can reapply for a new permit for said sign on the property. A new permit is to be obtained for each 30-day period.
         (b)   No temporary sign shall at any point be over eight feet in height above grade level, except a banner, in which case, it must have at least a ten-foot clearance above grade. No temporary sign shall be placed within the city rights-of-way, proposed or existing. Any temporary sign unlawfully maintained in a public right-of-way, may be declared a public nuisance and a traffic hazard per State Motor Vehicle Laws, Article III, and if necessary, the City Administrative Zoning Officer shall remove the sign. Spot lights or flashing illumination, not over 40 watt bulbs, shall be used under any circumstances with a temporary sign. Any temporary sign not complying with the provisions of this chapter shall, upon notice, be removed by the City Administrative Zoning Officer. A sign permit shall be obtained prior to the placement of a temporary sign.
   (G)   Wall sign.
      (1)   Definition.  An on-premise sign attached to, or erected flatly against a wall of a building or structure.
      (2)   Provisions.  No wall sign shall project away from the wall more than 18 inches. When a wall sign is located over a sidewalk and projects more than six inches over the pedestrian area, the minimum distance from the sidewalk grade and the base of the sign shall be eight feet. A wall sign placed on a building of one story shall not project more than ten feet above the top of the wall or two feet beyond the ends of the wall to which it is attached.  A wall sign placed on a building of two or more stories shall not project more than two feet above the top of the wall or beyond the ends of the wall to which it is attached.
      (3)   If the wall sign is an illuminated one, overhead lighting reflectors may project six feet beyond the building line, but in no case shall the lighting reflectors be more than six feet from the face of the wall sign. All reflectors extending over the sidewalk shall be secured and safely anchored. No wall sign shall be so erected as to prevent free ingress to or egress from the building, or any fire escape. A sign permit shall be obtained prior to the placement of a wall sign.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.095  PROHIBITED SIGNS.
   (A)   Definition. A sign not permitted under any circumstances.
   (B)   Provisions. The following signs shall be prohibited in all locations unless otherwise specified in this chapter:
      (1)   Bearing statements, words, or pictures of an obscene and indecent character, such as would be offensive to the general public;
      (2)   Where, because of size, location, coloring, content, or illumination, a sign may bear close resemblance to or being an imitation of highway or traffic sign or signals, and incorporates in any manner flashing or moving apparatus that may create a traffic hazard, (State Motor Vehicle Laws, Article III);
      (3)   Which interfere with the view of any signal, traffic sign, or street sign  (State Motor Vehicle Laws, Article III);
      (4)   Inactive signs or sign apparatus as defined in this chapter;
      (5)   Deteriorated, leaning, derelict, or structurally unsafe signs which constitute hazards by reason of inadequate maintenance, age, or abandonment, as defined in this chapter; and
      (6)   On trees, telephone or light poles, fences, and on city streets or rights-of-way, alleys or sidewalks.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
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