For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED SIGNS. A sign shall be deemed abandoned if it does not display a well-maintained message for a consecutive 120-day period; if the owner of the sign cannot be located at the owner's last known address, as reflected on the records of the Department; or if a structure designed to support a sign no longer supports the sign for a period of 120 consecutive days.
ATTACHED SIGNS. A sign that is bolted, nailed, painted, or in any way affixed to an outside building wall.
COMMERCIAL/RETAIL. A business, other than an office, where goods, commodities or services are sold directly to consumers.
COMMUNITY INFORMATION SIGN. Sign advertising the name, time and place of any bona-fide
fair, carnival, festival, bazaar, show or similar event, when conducted by a public agency or for the benefit of any civic, fraternal, religious or charitable cause and as approved by this municipality, a governmental agency, an authorized public official, the State of Indiana, or the federal government. Signs advertising a specific event shall be removed within 30 days of being erected.
DEPARTMENT. The Building and Planning Department of the City of Berne, Indiana.
DIRECTIONAL SIGN. A sign on private property without a commercial message that gives directions such as entrance, exit, or street numbers.
ERECT. To build, construct, attach, hang, place, suspend or affix signs.
FLASHING SIGN. A sign, the illumination of which is not kept constant in intensity at all times when in use, and flashes on and off in regular or irregular sequence, including but not limited to strobe light.
GOVERNMENTAL SIGN. A sign authorized by this municipality, a governmental agency, an authorized public official, the State of Indiana, or the federal government, for traffic control, street name and identification, destination and directional signs, warning, public notices, traffic control purposes, and signs of a similar nature.
GROUND SIGN. As regulated by this subchapter, any sign supported by one or more uprights, braces, pylons, or foundation elements located in or upon the ground and not attached to a building.
HEIGHT OF SIGNS. The distance as measured from the elevation of the uniform road surface of the nearest roadway to the highest point on the sign. Measurements shall be taken from the centerline of the roadway from the sign location. If the sign site is at an intersection of roadways, the roadway with the highest traffic count shall be the site of the measuring point.
ILLUMINATED SIGN. Any sign that has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as part of the sign proper.
INDIRECTLY ILLUMINATED SIGN. Any illuminated, non-flashing sign whose illumination is derived from an external, artificial lighting source.
MARQUEE SIGN. Any sign attached to, or an integral part of a hood or canopy of permanent construction projecting from the wall or a building over the entrance to that building. For the purpose of this subchapter, marquee signs shall be considered as attached signs when determining the allowable square foot area and total square foot area of all permitted signs. No marquee sign shall extend more than two feet above the marquee structure.
OBSOLETE SIGN. Any sign that no longer advertises a bona fide business conducted or product sold on the premises.
OFF-PREMISES SIGN (BILLBOARD or POSTER PANEL). A sign that directs attention to a business, product, service or activity not necessarily conducted, sold or offered upon the premises where such sign is located. Any sign used for the purpose of displaying, advertising, identifying or directing attention to a business, service, activity or place including products, or services sold or offered for sale on a premises other than on the premises where such sign is displayed.
OFFICE. A place in which business, clerical or professional services and activities are conducted such as medical, legal, accounting, real estate, insurance services and other similar businesses where the primary activity is not the sale of retail goods.
ON-PREMISES SIGN. Any sign identifying the occupant of the property upon which it is located and/or advertising goods or services available thereon.
OWNER. A person who owns a sign.
PARCEL. Contiguous real estate taxed as a single parcel on one side of a public street, road or highway.
PERMIT. The authorization for a sign issued by the Department.
PERSON. Any individual or entity, including a firm, partnership, association, corporation, limited liability company, trustee, organization of any kind, and their legal successors.
PORTABLE or MOVABLE SIGN. A sign with a permanent frame and a display area for changeable copy, designed or intended to be relocated and not permanently affixed to the ground or structure. This shall include signs on wheels, trailers, or any other device that is intended to be moved from one location to another. This shall also include signs that were originally constructed to be portable or moveable, but have been modified in order to be affixed to a building or to be installed into the ground.
PREMISES. One or more parcels of land that are in the same ownership and are contiguous.
PROJECTING SIGN. A sign affixed to any part of a building or structure that extends beyond the building or structure.
PUBLIC WAY. Any way designed for vehicular or pedestrian use that is maintained with public funds.
RESIDENTIAL NEIGHBORHOOD IDENTIFICATION SIGN. A sign at the entrance of a residential neighborhood identifying the neighborhood.
ROOF SIGN. A sign erected, constructed, or maintained upon, or which projects above, the roofline of a building.
SIGN. Any object, including a structure, movable object, wall, image, display, or portion thereof, that displays any message visible to the public and is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location through the use of words, letters, figures, designs, symbols, colors, or illumination.
SIGN AREA. The area of a sign shall be considered to be that of the smallest rectilinear figure (but which shall have a continuous perimeter of not more than eight straight lines) that encompasses all lettering, wording, frame design or symbols, together with any background on which the sign is located and any illuminated part of the sign, if such background or such illuminated part of the sign is designed as an integral part of and related to the sign. Any cutouts or extensions shall be included in the area of the sign. All faces of a multiple faced sign shall be included in computing sign area except back-to-back outdoor advertising and double-faced on-premises signs, the area of which shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.
WALL SIGN. A sign attached to, painted upon, placed against, or supported by the exterior front, rear, or side wall surface of any building or other structure.
(Ord. 570, passed 2-26-07)