§ 155.139 SIGNS; PERMITS REQUIRED.
   (A)   Purpose of regulating signs. The purposes of regulating signs in §§ 155.088, 155.110, this 155.139, and other sections of this zoning ordinance are as follows:
      (1)   To preserve the scenic and aesthetic beauty that now exists in the Town of Beverly Shores;
      (2)   To preserve property values in the Town of Beverly Shores;
      (3)   The desirability of eliminating factors which may tend to detract and degrade the community; and
      (4)   To promote the public health, welfare, and safety.
   (B)   Permits required.
      (1)   Except as otherwise provided in § 155.088, it shall be unlawful for any person to erect, alter, relocate or maintain any permanent sign without first obtaining a sign permit from the Building Committee and making payment of the required fee to the Clerk-Treasurer of the Town of Beverly Shores as provided in § 155.065.
         (a)   No permit or fee shall be required for the display of house numbers; and
         (b)   No permit or fee shall be required for the display of the accessory signs permitted by § 155.088(A)(2).
      (2)   All illuminated signs shall, in addition, be subject to the provisions of the Town of Beverly Shores Building Code and the State of Indiana Administrative Building Code.
      (3)   Except as otherwise provided in § 155.088, it shall be unlawful for any person to place or maintain any temporary sign without first obtaining a temporary sign permit from the Clerk-Treasurer, and making payment of the required fee to the Clerk-Treasurer of the Town of Beverly Shores as provide in § 155.088.
   (C)   Application for a sign permit.
      (1)   Application for a sign permit shall be made upon forms provided by the Plan Commission.
      (2)   The application shall contain information as the Plan Commission shall deem necessary to show full compliance with this and all other appropriate ordinances of the Town of Beverly Shores and where necessary with the Administrative Building Code of the State of Indiana.
      (3)   The Building Committee shall, upon the filing of an application for a permanent sign, examine the plans, specifications and other data, and the premises upon which it is proposed for the sign to be constructed and, if it shall appear that the proposed sign is in compliance with all the requirements of this chapter, the Building Code and all other applicable ordinances and laws of the Town of Beverly Shores, and the State of Indiana, and, after the appropriate fee has been paid, a permit for erection shall be issued. If the work authorized under the sign permit has not been completed within 60 days after the date of issuance of the permit, the permit shall become null and void.
      (4)   Temporary sign permits shall be issued by the Clerk-Treasurer. A temporary sign shall not be posted for more than 60 days, unless a 120 day permit is paid for, or the 60-day permit is renewed.
   (D)   Removal of signs.
      (1)   (a)   If the Building Commissioner or Code Enforcement Officer shall find that a sign is unsafe or insecure, or is a menace to the public, or has, subsequent to the effective date of this chapter been constructed or erected in violation of the provisions of this chapter, the Building Commissioner or Code Enforcement Officer shall give written notice to permit holder and the owner of the property on which the sign is located.
         (b)   If the permit holder or the owner of the property on which the sign is located fails to remove, repair or alter the sign so as to comply with the standards required by this chapter within 30 days, the Building Commissioner or Code Enforcement Officer shall cause the removal of the sign and any expense incidental thereto shall be paid by the person, firm or corporation having the ownership or right to possession of the building or structure, or premises where the sign is located.
      (2)   Any sign located on a sign zoning parcel in the Commercial District which is not being put to a commercial use, or that is vacant, for a six month period, shall be taken down and removed by the firm, corporation or person having ownership or right to possession of the building, structure or premises upon which the sign may be found within 30 days after written notification from the Building Commissioner or Code Enforcement Officer. Upon failure to comply with the notice, the Building Commissioner or Code Enforcement Officer shall cause removal of the sign and any expense incident thereto shall be paid by the person, firm or corporation having the ownership or right to possession of the building, structure or premises where the sign is located.
   (E)   Prohibitions.
      (1)   No sign shall be attached to any tree, utility pole or other unapproved structure.
      (2)   No sign shall be constructed so as to interfere with or imitate any standard traffic sign or signal nor shall any sign interfere with or obstruct the view of traffic or traffic signs or signals and no sign shall be located on the public right-of-way.
   (F)   Exemptions. Traffic or municipally authorized signs, legal notices, railroad crossing signs, and danger signs are exempt from this chapter.
   (G)   Standards.
      (1)   All signs shall be maintained in a safe and attractive condition.
      (2)   Any and all signs erected prior to the adoption of this chapter which are not in conformity with the provision of this chapter shall be allowed to continue and exist for a period of 1 year from the date of the adoption of this chapter, after which they shall be governed by this chapter.
(Ord. 208, passed 12-19-1983; Am. Ord. 2018-06, passed 8-21-2018) Penalty, see § 155.999