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The following types and placement of signs are prohibited in all zoning districts:
(A) Portable signs. Any portable signs not defined in § 174.05, Authorized Signs; provided, however, that arrow boards and other rigid portable signs and marquees may be used if a sign permit is obtained for the use, which is subject to the following conditions and restrictions in addition to those otherwise required for a sign permit:
(1) One sign per development site.
(2) Maximum area: 32 square feet.
(3) Maximum freestanding height: 6 feet.
(4) Setback from edge of pavement: 15 feet.
(5) Placement limitation: 6 times per year.
(6) Time limitation: 30 days per placement.
(7) Must not be used at the same time as any sign exempt under § 174.05(D).
(8) Signs erected in a manner as to obstruct free and clear vision of streets, alleys, or driveways or erected, designed, or positioned to interfere with, obstruct, or be confused with any authorized traffic sign, signal, or device that may mislead or confuse traffic.
(9) Signs posted on public property, including utility poles, lighting fixtures, street signs, benches, and similar fixtures.
(B) Emissions. Signs that emit audible sound, odor, or visible matter.
(C) Imitation of official signs. Signs that purport to be, are in imitation of, or resemble, but that are not, an official traffic sign or signal pursuant to § 174.05, or which bear words such as “Stop,” “Slow,” “Caution,” “Danger,” “Warning,” “Look,” or any other word, phrase, symbol or character in a manner that creates a danger of interfering with, misleading, or confusing motorists or other individuals; however, use of the words listed in this division (C) is not prohibited if the use does not create such danger.
(D) Imitation of emergency vehicles or lights. Signs or displays that may be mistakenly construed as a light of an emergency or road equipment vehicle, or lights resembling danger or emergency lights of any kind.
(E) Visual impairment and obstruction. Signs that hide any traffic or roadway sign, signal, or device from view, as well as signs that obstruct the visibility or use of any door, fire escape, stairway, or any opening intended to provide entrance or exit for any structure.
(1) No sign or sign structure is allowed at any location where it may interfere with a motorist’s or pedestrian’s view of other traffic or pedestrians at any street or highway intersection, or in such a manner as to materially impede view at an intersection of a street, highway, alley, or driveway with a railroad grade crossing.
(2) On a corner lot, no sign is allowed in the area bounded by: (a) lines on each side of the corner, drawn along the edge of pavement on each side and extended toward the intersection to the point of intersection; and (b) a line joining the points on each edge of pavement line 25 feet from the point of their intersection. For purposes of illustration, this area is depicted as the “Sight Triangle” in Figure 1, below. No advertising device shall be erected or maintained in the sight triangle unless the triangular area is occupied by an existing building or structure. In that event, no advertising devices shall be erected or maintained closer to the intersection than the building or structure itself. However, a wall sign that does not protrude/project more than 12 inches may be attached to the building or structure.
(F ) Obscenity. Signs that contain statements, words or pictures which are obscene as defined by I.C. 35-49-2-1.
(G) Encroachment. Signs that are located in any right-of-way or thoroughfare setback including projecting signs and signs posted on utility poles or street signs, except pursuant to an encroachment permit approved by the town and the entity that owns the structure, and by the Executive Director of the Commission in the case of signs located in a thoroughfare setback.
(H) Vehicle and trailer signs. Any sign attached to, or placed on, a vehicle or trailer moving or parked on public or private property except for signs meeting the following requirements:
(1) The primary purpose or use of the vehicle or trailer for any period of time must not be the display of signs.
(2) The sign must be:
(a) A magnetic sign attached to a steel body panel of the vehicle or trailer;
(b) An adhesive decal, including an adhesive vehicle wrap;
(c) Painted onto the vehicle itself;
(d) A delivery vehicle sign; or
(e) An integral part of the vehicle or equipment as originally designed by the manufacturer.
(3) The vehicle or trailer on which the sign appears is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.
(I) Signs that are improperly illuminated/shielded resulting in glare being shed across property lines creating a nuisance for any abutting property owner or into any thoroughfare creating a hazard or distraction for traffic.
(J) Flashing signs. Signs that pose significant distraction to drivers by the rapid and repeated changes in the sign illumination.
(K) Parking interference. Signs placed in such a manner as to displace, obstruct or interfere with the use of a required parking space, and signs placed in any parking or access aisle without approval by the Commission.
(L) Electronic message signs are not allowed in a historic district which has been established by ordinance or recognized by the National Register of Historic Places.
(Ord. 2017-02, passed 2-20-2018) Penalty, see § 175.99