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(A) Permit required. It shall be unlawful for any person to erect, structurally alter, or relocate within the city, as well as in the unincorporated area of Adams County, Indiana, as set forth in § 152.005, any sign as defined in this subchapter except signs authorized without a permit, without first obtaining an erection permit from the Department and making payment of the fee as required by this section.
(B) Enforcement. The Department shall administer and enforce these sign standards. It shall be the duty of the Department, upon filing of an application for an erection permit, to examine such plans, specifications, and other data relating to the proposed sign and sign structure. If it appears that the proposed sign and sign structure is in compliance with all of the requirements of the Building Code, these standards and all other laws and ordinances of the city, the Department shall then issue an erection permit. If the work authorized under an erection permit has not been completed within six months after date of issuance, said permit shall become null and void, except that if good cause is shown, the Department may extend the permit for not more than one consecutive six-month period.
(C) Application. Applications for sign permits shall be made upon a form provided by the Department for this purpose. The application shall contain the following information:
(1) Name, address, telephone number, and if available, fax number and e-mail address, of the person applying for the permit.
(2) Name, address, telephone number, and if available, fax number and e-mail address, of the person owning the parcel upon which the sign is proposed to be placed.
(3) Written consent of the owner or authorized representative of the building, structure or land to which or on which the sign is to be erected.
(4) Location of the building, structure, and parcel to which or upon which the sign is to be attached or erected.
(5) Position of the sign in relation to nearby buildings, structures, property lines, and existing or proposed rights-of-way.
(6) Plans and specifications showing the size of the sign as well as the method of construction and/or attachment to a building, or in the ground.
(7) Copy of stress sheets and calculations, if deemed necessary by the Department, showing the structure as designed for dead load and wind pressure in any direction.
(8) Proof of Insurance policy as required by this subchapter.
(9) Such other information as the Department may require to demonstrate compliance with these sign standards, and any other applicable laws.
(10) The seal or certificate of a registered structural or civil engineer, when required by the Department.
(11) The zoning district in which the sign is to be placed.
(D) Insurance certificates. The applicant for a sign permit shall provide the Department with a certificate of insurance from an insurance company authorized to do business in the State of Indiana. The insurance shall provide public liability in the amount of at least $100,000 for injuries to one person and $300,000 for injuries to more than one person, and property damage insurance in the amount of at least $100,000, with an endorsement thereon holding the City of Berne harmless from any claims or causes of action arising out of the installation or maintenance of said sign. The sign permit shall automatically be revoked if the insurance is permitted to lapse. The insurance policy shall require written notice to the Department at least 30 days before the insurance is cancelled or materially altered.
(E) Permit fees. Permit fees for signs shall be established from time to time by the Common Council of the city. The permit fees must relate to the cost of issuing the permit and the enforcement of these standards, and may vary based on the size, type, and height of the sign. The following fee schedule shall apply to all signs upon the approval of this subchapter by the Common Council of the city:
(1) Each sign up to 12 square feet - $10.
(2) Each sign between 12 square feet and 50 square feet - $25.
(3) Each additional square foot of sign area over 50 square feet - $1.
(F) Registration tag. A registration tag shall be issued by the city to the sign owner or agent with the valid sign permit. If the tag is for a ground sign, the tag shall be placed on the sign structure so as to be legible at ground level adjacent to the sign, and said registration tag shall not be covered in any future reconditioning or painting of said sign. If the tag is for a sign other than a ground sign, the owner of the sign shall maintain the tag on file on the premises, and said tag shall be subject to inspection by the Department at any reasonable time.
(G) False information. A person providing false information under this subchapter shall be guilty of a Class C Misdemeanor.
(H) Revocation of permit. The Department is hereby authorized and empowered to revoke any permit issued by the Department upon failure of the holder thereof to comply with any provisions of these sign standards.
(Ord. 570, passed 2-26-07)
All signs shall be built, constructed and erected in accordance with the Building Code, other ordinances of the city, Adams County, Indiana, and the following:
(A) Letters to be secure. All letters, figures, characters or representatives in cutout or irregular form maintained in conjunction with, attached to, or superimposed upon any sign shall be safely and securely built or attached to the sign structure and shall comply with Building Code requirements.
(B) Supplementary signs. No supplementary sign or other appendage may be hung from or supported by an approved sign or its support if it will adversely affect the structure of the approved sign or make the approved sign non-conforming.
(C) Fastenings. All signs must remain safe and secure during the period of use. All parts of the signs, including bolts and cables, shall remain painted, and free of corrosion.
(D) Proximity to electrical conductors. Signs and all supporting structures shall be no closer to electrical utilities than is permitted by applicable codes. No sign, including cables and supports, shall, in any event, be within six feet of any electrical conductor, electrical light pole, electric street lamp, traffic light, or other public utility pole. All electrical connections shall be weather-tight.
(E) Landscaping and sanitation. The area beneath and around a ground sign shall be landscaped with native plants and material so as to complement the site and integrate the sign with buildings, parking areas, and natural site features. Property surrounding any ground sign shall be maintained in a clean and sanitary condition.
(F) Responsibility for compliance. The owner of the parcel on which a sign is placed and the person maintaining the sign are each fully responsible for the condition and the maintenance of the sign and the area around the sign.
(Ord. 570, passed 2-26-07)
(A) Intent. This subchapter is intended to encourage the eventual elimination of signs that do not comply with the sign standards. The elimination of non-conforming signs is as much a subject of health, safety, and welfare as is the prohibition of new signs in violation of these standards. Therefore, this subchapter attempts to realize the removal of non-conforming signs and to avoid any unreasonable invasion of established property rights.
(B) Amortization. A sign not complying with these standards, but in place on the effective date of this subchapter, shall be removed, or brought into compliance with these standards, within 15 years after the effective date of this subchapter. The following information concerning each existing sign location shall be provided: the name and address of the owner of the sign; the name of owner, address and parcel identification number of real property on which the sign is located; the height, area, and dimensions of the sign face, and setback from the right-of-way. No initial permit fees shall be charged, but a registration tag shall be issued by the Department to be placed on the ground sign or kept on file pursuant to § 152.174(F). Failure to register existing outdoor advertising signs in accordance with these provisions shall be considered a violation of this subchapter.
(C) Permit. Within six months after the effective date of this subchapter, the person owning a non-conforming sign shall apply for a permit to the Department. The Department shall issue the permit for not more than 15 years.
(D) Continuance. A non-conforming sign may be continued during the amortization period if it is maintained in good condition. It shall not, however, be replaced by another nonconforming sign, expanded, or moved to another location unless brought into conformance. It may not be structurally altered so as to prolong the life of the sign. It may not be reestablished after damage or destruction if the Department determines that the estimated cost of reconstruction exceeds 50% of the estimated replacement cost.
(E) Removal of signs. It is the intent of this section to recognize the eventual elimination, as expeditiously as it is reasonable, of existing signs that are not in conformity with the provisions of these standards, inasmuch as a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of these standards. It is also the intent of this section that any elimination of nonconforming, obsolete, unsafe and unlawful signs shall be affected so as to avoid any unreasonable invasion of established private rights. However, except where it may cause a breach of the peace, the Department may physically remove a sign or have a sign removed from a property where a sign is in violation to insure compliance with these provisions; provided however that the owners must have had ten days' written notice by certified mail of the violation and further provided that the owners have been requested by such notice to remove the sign which is in violation of these standards. The sign owner and property owner may be jointly and severally liable for the expense of removal. Notice of the cost of removal shall be served upon the sign owner and property owner by certified mail. If said sum is not paid within 30 days thereafter, said sum shall be collected by the city in a civil action in the nature of debt.
(F) Unsafe and unlawful signs. If the Department finds that any sign regulated herein is structurally unsafe; constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment, defined as having no active copy on an outdoor advertising sign within the past 90 days or the advertisement of a business, concern or use that has been closed for greater than 90 days; is not kept in good repair; is capable of causing electrical shocks to persons likely to come in contact with it; or is unlawfully installed, erected or maintained; the Department shall give written notice to the sign owner and property owner thereof, and may proceed to remove the sign pursuant to division (E) above.
(Ord. 570, passed 2-26-07)
(A) Administrator. The Department shall appoint personnel to administer and enforce the terms and conditions of these standards and all other provisions relating to signs.
(B) Department powers. The Department shall have the power and authority to administer and enforce these standards. Included among such powers are the following specific powers:
(1) The Department shall issue permits, as required by these standards. The Department shall also ensure that signs comply with these standards and any other applicable law.
(2) Every sign for which a permit is required shall be subject to the inspection and approval of the Department. Upon presentation of proper identification to the sign owner or owner's agent, the Department may enter the sign area for purposes of inspecting the sign, sign structure, and any fasteners securing the sign to a building or support. In cases of emergency, where imminent hazards to persons or property are known to exist, and where the sign owner, or owner's agent, is not readily available, the Department may enter the sign area for purposes of inspection or remediation. When on private property, the Department shall observe rules and regulations concerning safety, internal security, and fire protection. If the Department is denied admission to inspect any sign, inspection shall be made only under authority of a warrant issued by a court of proper jurisdiction. When applying for such warrant, the Department shall submit an affidavit setting forth a belief that a violation of these standards exists with respect to a particular sign, and the reasons for forming this belief The affidavit shall designate the place and name of the person believed to own or possess the sign. If the court finds probable cause exists for the search of the sign, and supporting structures, then a warrant authorizing the search shall be issued. The warrant shall describe the property with sufficient certainty to identify the same. This warrant shall constitute authority for the Department to enter the sign area and to inspect the property.
(3) Upon issuance of a stop order from the Department, work on any sign that is being conducted in any manner contrary to these standards shall be immediately stopped. This notice and order shall be in writing and shall be given to the owner of the parcel, the sign owner, or to the person performing the work. The stop order shall state the conditions under which work may be resumed. The city Police Department shall have authority to enforce a stop order.
(4) The Department has the authority to revoke any permit authorized by these standards if the sign violates these standards or another law, provided that the Department shall offer the sign owner an opportunity to be heard. The person whose permit is under consideration shall be given at least ten days' written notice of the time, place, and reason for the hearing. The sign owner and/or person identified in the permit shall be permitted to present relevant facts and legal argument concerning the pending revocation. Following this hearing, the Department shall consider the merits of the case and shall present a written opinion prior to any action. If, however, the Department believes the health, safety, or welfare of the citizens is endangered by any violation of these standards, the Department may immediately revoke any sign permits.
(5) A sign installed after the effective date of these standards, and not conforming to these standards, shall be removed by the owner. The sign owner shall not be entitled to compensation for the sign removal and shall reimburse the Department for any costs incurred in connection with the removal.
(6) Any person, firm or corporation, agent employee, or contractor of such who violates, disobeys, omits, neglects, or refuses to comply with or who resists enforcement of any provisions of this subchapter, shall be guilty of a Class C misdemeanor and shall, upon conviction, be punished by a fine of not less than $25 dollars nor more than $500 for each offense, together with the costs of prosecution. Each day on which a violation occurs shall constitute a separate offense. In addition, the City Attorney is authorized to take all action, legal, injunctive and equitable, to assure compliance with these standards.
(C) Variances. The Zoning Board of Appeals shall have the power to hear and act upon applications for a variance where there are practical hardships in the manner of carrying out the strict letter of any provisions of these standards. If a variance is granted, it shall be the least possible deviation from the requirements of these standards. In granting any variance, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in conformity with these standards. Violations of the provisions of the variance granted, including any conditions or safeguards that are a part of the grant of the variance, shall be deemed a violation of these standards. Variances may be issued upon finding that an application meets the following requirements:
(1) If the applicant complies strictly with the provisions of these standards, the applicant can make no reasonable use of the sign allowed; and
(2) If the hardship of which the applicant complains is unique, or nearly so, and is suffered by the applicant rather than by owners of surrounding properties or the general public; and
(3) If the hardship relates to the applicant's land (such as the size, shape, topography, terrain, ideation or surroundings of the site) rather than in personal circumstances or the type of business; and
(4) If the hardship is not a result of the applicant's own actions; and
(5) If the variance is in harmony with the general purpose and intent of these standards and preserves its spirit and if the variance secures the pubic safety and welfare and does substantial justice.
(D) Right of appeal. Any person aggrieved by any ruling of any person charged with the administration of these standards may take an appeal to the Zoning Board of Appeals. An appeal of a decision shall be taken within 30 days after such decision is made.
(E) Jurisdiction. Appeals taken from requests relating to construction shall be filed with the Building Department and shall be subject to the procedures established by the Building Department, and are not subject to the provisions of this section. The Zoning Board of Appeals (hereinafter referred to as the Board), is hereby vested with the following jurisdiction and authority:
(1) To hear and decide appeals from and review any order, requirement, decision or determination made by any person charged with the administration of these standards, except appeals relating to construction issues. The Board may reverse or affirm, wholly or in part, or may modify or amend the order, requirement or decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper on the premises, and to that end, the Board shall also have all the power of the officer from whom the appeals are taken.
(2) To hear and decide all matters referred to it or upon which it is required to pass under these standards.
(3) To hear and pass upon applications for variances from a strict application of the terms of these standards as set forth in division (C) above.
(Ord. 570, passed 2-26-07)
The provisions of these standards are minimum requirements. Whenever the requirements of these standards are found to be in conflict with the requirements of any other lawfully adopted statute, rule, regulation, ordinance, deed restriction or covenant, the most restrictive or that imposing the higher standard shall prevail.
(Ord. 570, passed 2-26-07)
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