In B-2, B-3, and I districts, the following regulations shall apply:
1. General Provisions. Permanent signs which measure twelve (12) square feet or less in gross surface area shall not be required to obtain a permit unless such sign is illuminated in which case it would be required to obtain an electrical permit. Temporary signs as defined below, and which measure twelve (12) square feet or less in gross surface area are also exempt from the requirement to obtain a permit.
a. All signs shall be set back a minimum of five (5) feet from any public right-of-way.
b. All signs permitted in residential districts shall be permitted in these areas.
c. Each business shall be permitted to have a specified amount of signage based upon the linear front footage of the building, or portion of the building, occupied by the business, and based upon its setback distance from its front property line. Said signage may be located on one (1) or more sides of the building in which the business is located as long as the total square footage of the signage does not exceed two (2) square feet in area for each front foot of the structure, or portion of the structure, in which the use is conducted for businesses set back up to fifty (50) feet from any public right-of-way and three (3) square feet for each front foot of the structure, or portion of the structure, in which the use is conducted for businesses set back in excess of fifty (50) feet from any public right-of-way.
d. An allowable sign shall be either wall mounted or freestanding, but shall not be a combination unless permitted under section 10-146.6 2. of this ordinance. The total net area of a freestanding sign shall not exceed that allowed for the frontage sign and in no case shall exceed one hundred (100) square feet. No business shall erect more than one (1) freestanding sign except, however, wherever a building has a rear or side parking lot or lots, or adjoins a public street, a second freestanding sign shall be permitted for only one (1) side or rear (in addition to the allowed front freestanding sign) provided that the sum total of square feet for the additional sign does not exceed fifty percent (50%) of the allowed area of the front freestanding sign. Shopping centers and planned unit development-commercial buildings may be allowed one (1) freestanding sign for each six (6) tenants or fractions thereof. Further, in the event that more than one (1) freestanding sign is permitted by virtue of this section, there shall be a minimum distance between such signs of thirty three percent (33%) of the linear frontage of the building(s) which they serve.
e. In cases where the building has a side or rear parking lot which faces or adjoins a residential district, a sign may be located on such side or rear of the building and shall be developed to the same standards as are required in paragraph d. above provided, however, that said sign if illuminated, shall be indirectly lighted in such a manner as not to be disturbing to the adjoining residential district.
f. A non-illuminated or illuminated sign bearing the name and/or the type of business of the principal tenant or tenants occupying space in the building that does not have space with an exterior wall provided shall be permitted. However, that sign shall be located at the principal entrance to the building where such occupied space is located and the total area of such signs devoted to each occupant shall not exceed two hundred (200) square inches, and the total area of such sign shall not exceed eight (8) square feet.
g. Two (2) business signs painted on the windows and or doors of each business bearing the name, street number and or type of business of the principal occupant; provided, however, that there shall be not more than one (1) such sign on each window or door, and said sign shall not exceed six (6) square feet in area and the total area of all signs shall not exceed nine (9) square feet.
h. A business sign painted on the valance of an awning bearing only the name of the principal occupant and or the street number of such businesses; provided, however, that a sign shall not exceed a total of two (2) square feet for each linear foot of frontage of the structure or portion of the structure in which the use is conducted for buildings set back up to fifty (50) feet from any public right-of-way of three (3) square feet for each linear foot of frontage of the structure or portion of the structure in which the use is conducted for buildings set back more than fifty (50) feet from any public right-of-way.
i. A sign required by law to be exhibited by the occupant of the premises; provided, however, that the said sign shall not exceed six (6) square feet in gross surface area.
j. A sign serving the public convenience, such as a “notary public,” “public telephone,” “public restroom,” or words or directions of similar import provided, however, that such signs shall not exceed seventy two (72) square inches in total gross surface area and only one (1) sign of each type shall be displayed at the building.
k. Window/door signs shall not be placed in such a manner that they would impair the ability to see inside a building from either a street or a parking lot (for safety reasons) and shall not exceed twenty percent (20%) of the total exterior window space.
l. Streamers and pennants shall be allowed so long as they are properly maintained.
m. In the case of drive-in or drive-through merchandising businesses, two (2) informational (menu, price, etc.) signs shall be allowed, not exceeding fifty (50) square feet in gross area for each sign.
n. Temporary non-electrical signs announcing or advertising any educational, charitable, philanthropic, civic, religious, drive, movement or event shall be allowed for a period not to exceed fourteen (14) days preceding the event. The location of such signs shall be erected or placed in such a way as not to obstruct vehicular or pedestrian traffic or vision of persons using the public roadways within the Town of Dyer. The sign shall be removed within three (3) days following the event advertised.
o. A non-illuminated temporary sign pertaining to the sale or lease of the premises upon which it is placed and not exceeding thirty-two (32) square feet in gross surface area, provided that said sign shall be removed within seven (7) days after the consummation of the sale or lease of the premises or the termination of the agent's authority.
p. A non-illuminated temporary sign bearing only the street number of a new or remodeled structure and the name or names of the general contractor, subcontractor, owner and tenant, during construction work on the premises upon which they are placed, not exceeding thirty two (32) square feet in total gross area of all such signs, provided that said sign or signs shall be removed within seven (7) days after substantial completion of the construction work and in no event shall be exhibited for more than twenty-four (24) months.
q. Banners.
1. A business may be allowed to erect one (1) banner at a time, for a maximum period of two (2) calendar months for each message. Said banner shall be allowed to be up to thirty-two (32) square feet on any size building and further shall be allowed to be as large as two (2) square feet in area per one (1) linear foot of the wall of the building on which the banner is posted; said banner shall also be attached to an existing building and shall not cover an exterior window. A banner must be rated to withstand sixty (60) pounds of wind pressure per square foot. A permit must be obtained prior to the posting of a banner. If a business is located on a corner lot, it may be allowed to erect an additional banner on one (1) side of the building in addition to a banner erected on the principal frontage of the building.
2. Upon the issuance of a permit for a banner, the banner will be deemed to have remained posted for its fully allocated period. In other words, if a banner is posted for less than the time period specified on the permit application, the difference cannot be added to a future posting of a banner.
3. An annual banner permit fee shall be permitted under the following conditions:
(a) Banner cannot cover an exterior window;
(b) Message must be changed no less frequently than every sixty (60) days;
(c) Banner must be attached to the building or unit that it serves;
(d) Banner cannot be placed on an accessory structure;
(e) Annual banner permits shall be prorated from the first day of the month in which they are issued; or
(f) See Town Code Section 7-63 for permit fee.
r. Portable signs which advertise temporary sales promotions or special events shall be permitted as follows:
1. An existing business may use a portable sign up to two (2) times per calendar year not to exceed fifteen (15) days per posting except that at the permittee's discretion, the postings may be for individual time periods or consecutive time periods.
2. Portable signs are limited to thirty-two (32) square feet in area.
3. Portable signs require a permit and may not be closer than four hundred (400) feet to another portable sign.
s. Sandwich boards.
1. Cannot be placed on public right-of-way;
2. Are limited to eight (8) square feet on size;
3. Can only be displayed during regular business hours;
4. Are limited to one per frontage and one per building/unit;
5. Must be within ten (10) feet of the building/unit it serves.
2. The following regulations shall apply to businesses in buildings which are set back more than fifty (50) feet from a public street.
a. In addition to those signs permitted in section 10-146.6(1), a shopping center whose building or buildings are all set back more than fifty (50) feet from the nearest public street shall be permitted one (1) freestanding sign not exceeding one hundred (100) square feet in gross surface area per display area, for each six (6) tenants or fraction thereof, in the shopping center. Further, in the event that more than one (1) freestanding sign is permitted by virtue of this section, there shall be a minimum distance between such signs of thirty-three percent (33%) of the linear frontage of the building(s) which they serve. Such sign shall not project within or be closer than five (5) feet to any property line. The sign permitted by this section shall be additional to the sign authorized by section 10-146.6(1) only if the sign constructed pursuant to section 10-146.6(1) is a wall mounted sign.
b. In addition to those signs allowed in section 10-146.6(1), any business except gasoline service stations and public garages, in a building set back more than fifty (50) feet from the nearest public street and not part of a shopping center, shall be permitted one (1) freestanding sign not exceeding two (2) square feet in area for each linear foot of frontage of the structure or portion of the structure in which the use is conducted, but in no case exceeding one hundred (100) square feet in gross surface area. Such sign shall not project within or be closer than five (5) feet to any property line. This section shall not be construed to allow more than one (1) freestanding sign. The sign permitted by this section shall be additional to the sign authorized by Section 10-146.6(1) only if the sign constructed pursuant to section 10-146.6(1) is a wall mounted sign.
c. A business or businesses with attached parking lot may erect free standing traffic directional signs, each not to exceed four (4) square feet of gross surface area and not to be higher than three (3) feet from the ground. Such signs may be illuminated. Such signs shall bear no advertising matter other than logos or business names.
3. Gasoline Service Stations and Public Garages. In addition to the signs allowed elsewhere in this section, gasoline service stations and public garages may display the following special signs which are deemed customary and necessary to their respective businesses.
a A direction sign or lettering displayed over individual entrance doors or bays consisting only of the words “washing,” “lubrication,” “repairs,” “mechanic on duty” or other words of similar import; provided, however, that there shall not be more than one (1) sign over each entrance or bay, the letters thereof shall not exceed six (6) inches in height and the total gross area of each such sign shall not exceed three (3) square feet.
b. Customary lettering other than insignia which is a part of a gasoline pump, consisting only of the brand name of gasoline sold, type of service available, lead warning sign, a price indicator and any other sign required by law, all of which shall not exceed a total gross area of three (3) square feet on each side of the pump.
(Ord. No. 2007-33, 12-27-07)