§ 156.241  STANDARD OUTDOOR ADVERTISING STRUCTURE (BILLBOARDS).
   (A)   Where permitted. Advertising signs complying with all the requirements of this subchapter shall only be allowed if they are located easterly from Lambert Street and westerly from Depot Street on U.S. Highway 40 or southerly from Pinckley Street on Indiana State Road 59. Additionally, they are required to be in a Suburban Residential (S), local business (LB), general business (GB), or open industrial (I1), or reserved industrial (IR) zoning district .
   (B)   Area and height.
      (1)   The maximum area for any 1 sign shall not exceed 672 square feet in size per face excluding extensions and embellishments, with a maximum height of 14 feet and a maximum width of 48 feet inclusive of border and trim, but excluding the base, apron, supports, and other structural members.
      (2)   Extensions to the top of advertising signs are permitted. However, in no case shall any extensions exceed 96 square feet in total feet in total area or extend more than 5-1/2 feet in height above top of the sign. Other extensions are permitted as follows:
         (a)   Side extension: 2 feet on each side.
         (b)   Bottom extension: 1 foot.
         (c)   Embellishments to advertising signs shall not exceed 1 foot out from the facing of the sign.
      (3)   The maximum height shall not exceed 30 feet from the highest point on the sign to surrounding grade or street level, whichever is higher.
      (4)   The maximum size limitations shall apply to each side of a sign structure, and signs may be placed back-to-back or in V-Type construction with not more than 3 side-by-side displays to each facing but such sign structures shall be considered as 1 sign. A group of not more than 2 advertising signs shall be permitted on 1 sign structure. However, there shall be no vertical stacking signs.
   (C)   Location.
      (1)   No sign shall be erected within 1,000 lineal feet of an existing sign on the same side of the road.
      (2)   No sign shall be located within 500 lineal feet of a R1, R2, or R3 residential zoning district along the street on which the sign is intended to be located.
      (3)   No sign shall be located in such a manner as to obstruct or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.
      (4)   No sign shall be placed closer than 500 feet to an intersection with a limited access highway and measured from the nearest edge of the right-of-way. No sign shall be so located to obstruct the vision of traffic using entrance ways, driveways, or any public road intersection.
      (5)   The minimum front yard setback for signs shall be a minimum of 50 feet from any public right-of-way and/or private roadway easement.
      (6)    No sign shall be located on any public or private utility easement, road, drainage easement or railroad right-of-way.
      (7)   All lineal distances required by this section shall be measured from the nearest outside edge of the subject sign, whether a support, structural member, or the sign surface itself to the nearest outside edge of the corresponding sign, building, right-of-way or easement involved.
   (D)   Prohibited outdoor advertising structure signage.
      (1)   Roof-mounted signs or signs affixed directly to the side of any building.
      (2)   Flashing signs, including automatic changing signs such as time, temperature, and date signs as well as electronically controlled message centers.
      (3)   Fluttering signs, pinwheels, pennants, streamers, and banners.
      (4)   Moving signs or swinging signs.
      (5)   Signs which contain characters, cartoons, or statements, words, or pictures of any obscene, indecent, prurient or immoral character.
      (7)   Signs which contain or are an imitation of an official traffic sign or signal, or which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or constructed as a traffic-control device, or which may hide from view any traffic or street sign or signal.
      (8)   Any sign constructed or located in such a manner that it becomes an immediate hazard or danger to persons or property because of being in an unsafe condition, or which obstructs any window, door, or fire escape of a building. Signs will be subject to immediate removal by the Building Inspector or his or her designee, without notice, at the expense of the property owners.
   (E)   Maintenance. All signs and sign supports shall be maintained in good repair so as to prevent rust, peeling, flaking, or fading. Broken panels, missing letters, flaking or peeling paint, and other visual damage to a sign shall be repaired within 45 days of occurrence or within 30 days of notice from the Planning and Zoning Department or the Board of Public Works and Safety.
   (F)   Illumination. Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares, nor shall the light sources be oriented such that either direct or reflected light creates a nuisance to adjoining properties.
   (G)   Plans required. An application to erect such a sign shall be accompanied by the following:
      (1)   A set of plans, to scale, approved, and sealed by a licensed engineer in the state, providing all necessary construction and electrical details of the sign and sign structure, including height.
      (2)   A site plan, to scale containing:
         (a)   The proposed location of the sign upon the property.
         (b)   The distance from the proposed sign location to any buildings upon the property, and adjoining street right-of-way lines, and driveway entrances.
         (c)   The distance from the proposed sign location to the next nearest billboard sign on either side of the street in either direction.
         (d)   The distance from the proposed sign location to the nearest street intersection in either direction.
      (3)   A representation of the proposed sign, to scale, including the width and length of the sign faces, and height from surrounding grade.
   (H)   Construction specifications. Henceforth, any sign erected under this subchapter shall be a single pedestal type, constructed of nonflammable material, excluding wood. Construction of the sign and material specifications shall comply with the following sections of the “Indiana Department of Highways Standard Specifications: 802, 803, 909.14, 909.19, and 912.10,” as applicable, and must meet the structural requirements of the Building Code.
(Ord. 40-2006, passed 12-12-2006)  Penalty, see § 156.999